Good Afternoon Sky Dancers!
I’m focusing on the last standing functional branch of our Democracy today. I’ve noticed that some of the court cases recently have shown us that a few of our institutions are still working despite attempts to take them down. I also cover a bit of that because, as you know, “these are the times that try men’s souls”.
The Special Counsel’s Appointment and Authority has been upheld by one of the first Trump Court Appointee’s this morning. This is significant as Mueller’s team takes aim at Roger Stone who dallied with Guccifer 2.0 and may be one of the first of the campaign’s inner circle to be directly indicted for playing footsy with the Russians. This is via CNN:
A federal district judge who was appointed by President Donald Trump has upheld Robert Mueller’s appointment and constitutional authority in the special counsel’s case against Russian social media propagandists.
Judge Dabney Friedrich, who serves at the trial-court level in DC federal court, said Concord Management and Consulting could not have its case tossed on constitutional grounds. The Russian company accused of backing a social media effort to sway voters against Democratic presidential candidate Hillary Clinton claimed Mueller didn’t have power to bring the case because he was not appointment by the President and confirmed by Congress. Mueller was appointed under the authority of Deputy Attorney General Rod Rosenstein, who has broad power as the acting head of the Justice Department for the 2016 election probe.
“The appointment does not violate core separation-of-powers principles. Nor has the Special Counsel exceeded his authority under the appointment order by investigating and prosecuting Concord,” Friedrich wrote in an opinion published Monday morning. She was one of the first judges Trump placed into a federal court position.
Friedrich cited opinions by three other federal judges — Amy Berman Jackson, who oversees Paul Manafort’s criminal foreign lobbying case; T.S. Ellis, who oversees Manafort’s financial fraud case; and DC District Court Chief Judge Beryl Howell — to back up her decision.
All three judges also denied requests to invalidate Mueller’s authority, with Howell writing as recently as late July that a witness subpoenaed to turn over documents and to testify before the grand jury about Roger Stone would have to. That witness, Andrew Miller, has been held in contempt of the court and now may appeal.
Both Manafort and Stone and key associates have tried to dart and dodge aspects of their indictments. So far, they’ve failed.
The prosecution is wrapping up its tax- and bank-fraud case against Manafort, Trump’s former campaign chairman.
After the blistering pace set by U.S. District Judge T.S. Ellis III, the trial ground to a sudden halt on Friday for an unexplained reason. The judge and lawyers spent half the day huddled behind closed doors, with the trial not resuming until mid-afternoon.
The star of the trial was Gates, who was depicted by the defense as an unprincipled crook who ripped off Manafort and maybe the Trump campaign, and cheated on his wife to boot. But he also described to prosecutors how he helped Manafort hide millions of dollars that he earned from political consulting work in Ukraine in offshore accounts, and helped forge documents that made it easier for Manafort to defraud banks.
The jury heard from plenty of financial experts who backed up those claims. The professionals who helped Manafort, including his bookkeeper and tax accountant, said Manafort was the one in charge and insisted on giving final approval. The accountant said she was aware that Manafort’s tax returns contained false information. Bankers testified they wouldn’t have approved Manafort’s loan requests had they received the correct information from him about his income and debts.
Stephen Calk, chief executive officer of Federal Savings Bank in Chicago, expedited approval of two loans for Manafort totaling $16 million as he pushed Manafort for help landing a job with the Trump administration soon after the 2016 election, a former bank employee testified.
Manafort’s defense gets a chance to put its case before the jury this week, although it’s not required to do so. It’s unclear whether Manafort plans to testify or when jurors will begin deliberating.
However, the White House continues to skirt laws and ethics guidelines. This one is a whopper of an issue. The Daily Beast has this lede: ‘White House: It’s in ‘Public Interest’ for Staff to Skirt Ethics Rules to Meet With Fox News’ written by Lachlan Markay. No wonder they want to change the way administrative judges are appointed.
It is “in the public interest” for a the White House’s top communicator to be excused from federal ethics laws so he can meet with Fox News, according to President Donald Trump’s top lawyer.
Bill Shine, Trump’s newly minted communications director, and Larry Kudlow, the White House’s top economist, who worked at CNBC before his White House post, have both been excused from provisions of the law, which seeks to prevent administration officials from advancing the financial interests of relatives or former employers.
“The Administration has an interest in you interacting with Covered Organizations such as Fox News,” wrote White House counsel Don McGahn in a July 13 memo granting an ethics waivers to Shine, a former Fox executive. “[T]he need for your services outweighs the concern that a reasonable person may question the integrity of the White House Office’s programs and operations.”
Kudlow, a former CNBC host, received a similar waiver allowing him to communicate with former colleagues.
Including Shine and Kudlow, the White House has granted a total of 20 waivers to provisions of various federal ethics laws and the ethics pledge that President Trump instituted by executive order the week he took office. Federal agencies have granted many more such waivers.
Supreme Court nominee Brett Kavanaugh’s Senate confirmation hearings will start on Sept. 4 and last between three and four days, Judiciary Chairman Chuck Grassley (R-Iowa) announced on Friday.
That scheduling tees up the GOP to meet its goal of getting President Donald Trump’s pick seated on the high court by the time its term begins in early October, barring unforeseen obstacles or a breakthrough by Democrats who are pushing to derail Kavanaugh’s confirmation.
The Supreme Court battle so far has focused on documents related to Kavanaugh’s five years in the George W. Bush White House. Democrats have excoriated the GOP for declining to seek records from the nominee’s time as Bush’s staff secretary and condemned the Republican decision to rely on a Bush-driven review process for the early round of vetting, while the majority party hails the vast scope of documents that are set for release.
Grassley said earlier this month that he anticipates being able to complete Kavanaugh’s consideration by the Judiciary panel within about two weeks after the close of the confirmation hearings, which will feature questioning of the nominee beginning on Sept. 5. After the Judiciary panel clears Kavanaugh, Grassley added, the nomination is expected to reach the Senate floor within days.
“At this current pace, we have plenty of time to review the rest of emails and other records that we will receive from President Bush and the National Archives,” Grassley said in a Friday statement setting the hearing dates. “It’s time for the American people to hear directly from Judge Kavanaugh at his public hearing.”
The FBI has overridden its normal process of employee discipline to fire Agent Peter Strzok who basically was exercising his first amendment rights to criticize D’oh Hair Furor. I’m wondering how long it will take to fire up a law suit on this one. This is from Matt Zapotosky at WAPO.
The FBI has fired agent Peter Strzok, who helped lead the bureau’s investigation into Russian interference in the 2016 election until officials discovered he had been sending anti-Trump texts.
Aitan Goelman, Strzok’s lawyer, said FBI Deputy Director David L. Bowdich ordered the firing on Friday — even though the director of the FBI office that normally handles employee discipline had decided Strzok should face only a demotion and 60-day suspension. Goelman said the move undercuts the FBI’s repeated assurances that Strzok would be afforded the normal disciplinary process.
“This isn’t the normal process in any way more than name,” Goelman said, adding in a statement, “This decision should be deeply troubling to all Americans.”
The FBI declined to comment.
The termination marks a remarkable downfall for Strzok, a 22-year veteran of the bureau who investigated Russian spies, defense officials accused of selling secrets to China and myriad other important cases. In the twilight of his career, Strzok was integral to two of the bureau’s most high-profile investigations: the Russia case; and the investigation into Hillary Clinton’s use of a private email server while she was secretary of state.
Welp, now we’ve at least closed the circle on Betsy DeVos and for-profit colleges. She’s gone from evading questions about whether she would regulate these fraud machines to disbanding the team charged with investigating them. Now, she flat out withdrew the gainful employment rule, signaling to all that under her watchful eye, the DeVrys, the Trump Universities, and the Corinthian Colleges are free to flourish – while unwitting students and their families can simply eat cake.
The “gainful employment rule,” you may remember, is the one adopted in 2016 under the Obamaadministration, after several cash-cow diploma mills found themselves defending fraud lawsuits brought by swindled students. The rule prohibited these businesses from using deceptive practices to entice customers to plunk down thousands in student loan money when the corresponding “degree” wasn’t worth the expensive paper on which it was printed. Or in other words, exactly what Trump University was accused of doing. It was also the rule Senator Elizabeth Warren skeweredDeVos on at DeVos’ confirmation hearing.
Well, as they say “No justice, No Peace”.
This is pretty outrageous.
The Clearwater man who shot and killed a father of three outside a convenience store in a parking dispute last month — setting off a stand your ground debate that has swept Florida and the nation — has a history of road rage.
Since 2012, according to records and interviews, 47-year-old Michael Drejka has been the accused aggressor in four incidents. Investigators documented three cases in police reports.
The other was not shared with authorities at the time but involved the same handicap-reserved parking spot outside the Circle A Food Store near Clearwater and another shooting threat.
Two involved allegations of Drejka showing a gun. In another, a trooper accused him of aggressive driving and cited him after a crash when Drejka braked hard in front of a woman driving with two children.
Drejka has not spoken publicly in the weeks since he shot and killed 28-year-old Markeis McGlockton. No one has spoken much about him, either. Not family. Not neighbors. Not lawyers. Several alleged victims in previous incidents either declined to comment or could not be reached. Drejka remains, in many ways, an enigma to the public. He has not been arrested.
The shooter was white and the victim was black. Just an hour ago, however, we got this lede from the Tampy Bay Times: “Shooter charged with manslaughter in Clearwater stand your ground case”.
Prosecutors charged Michael Drejka, the man accused of killing Markeis McGlockton in a shooting that has reignited a debate around Florida’s stand your ground law, with manslaughter Monday.
According to the Pinellas County Sheriff’s Office, Drejka was taken into custody Monday morning. He is being booked into the Pinellas County Jail, where he will be held in lieu of $100,000 bail.
Drejka, 47, has avoided arrest since he shot 28-year-old McGlockton on July 19 because of the controversial self-defense law that eliminated one’s duty to retreat before resorting to force.
Pinellas Sheriff Bob Gualtieri announced July 20 that his agency was precluded from arresting Drejka because evidence showed it was “within the bookends of stand your ground and within the bookends of force being justified,” which provides immunity from arrest, the sheriff said. He forwarded the case Aug. 1 to the Pinellas-Pasco State Attorney’s Office to make a final charging determination.
So, I have ignored Omarossa today but I will pass this bit of sad news on about our country’s Queen of Soul, Aretha Franklin.
Music legend Aretha Franklin is “gravely ill,” her family told WDIV-TV (Channel 4) on Monday.
Channel 4 anchor Evrod Cassimy said this morning in a tweet: “I spoke with her family members this morning. She is asking for your prayers at this time.”
She is said to be dying at this time so we’re losing a great voice and person again.
So that’s a little this and that on what may be our last functional branch of government. Pray it stands its ground.
What’s on your reading and blogging list today?
The snow has finally begun falling here, and now they say it will continue all night and into tomorrow. We expect around 6-8 inches. That still may not be as bad as what happened down where JJ lives in Georgia and other parts of the South. The LA Times reports: Snowmen in Alabama? Sledding in Mississippi? From Texas to Georgia, snow blankets the South.
Snow blanketed a vast swath of the Deep South on Friday, triggering a flurry of winter weather warnings that closed businesses and schools, canceled hundreds of flights and caused traffic gridlock. It also unleashed a flurry of snowman construction and sledding in places more accustomed to sunshine than snow.
The storm dropped a rare coating of snow as far south as Brownsville, Texas — near the border of Mexico — up through southern Louisiana and parts of Mississippi, Alabama, Georgia and the southern Appalachians.
“This is an unusual event — to see snow falling this early in the season all the way from Texas and the Gulf Coast region to Georgia,” said Laura Pagano, a meteorologist with the National Weather Service’s Atlanta/Peachtree City office. “It has happened before, but not often.”
More than 200,000 customers across the region lost power as snow downed branches and power lines.
Since I can’t go out, I plan to escape into a good book. I finished reading Luke Harding’s excellent Collusion: Secret Meetings, Dirty Money, and How Russia Helped Donald Trump Win, and I’ve begun reading Prairie Fires: The American Dreams of Laura Ingalls Wilder, by Caroline Fraser.
Fraser is a brilliant writer, and so far the book is fascinating. She adds context to the sentimental version of Wilder’s life portrayed in the “Little House” books. Of course in many ways it’s a tragic story of the horrendous treatment of Native Americans as well as the hardships suffered by poor people like the Ingalls family who were lured west by promised of free or cheap land. Anyway, I’m glad to have a good book to help me escape from our dreadful current reality.
As the mainstream media continues to demonstrate the tremendous progress the Mueller investigation has been making, the Trump state media made up of Fox News, Breitbart, and other right wing outlets has turned up the heat with their fake news.
Please read this excellent piece by Jonathan Chait: The Mueller Investigation Is in Mortal Danger. Chait opens by describing the process by which the GOP first claims to be shocked by bad behavior (e.g. the Access Hollywood tape), but within begins denying and finally excusing that same behavior. We’ve seen this again and again, and now it’s happening with Roy Moore. Here’s the gist of Chait’s argument:
The next step in the sequence is almost insultingly obvious. Trump is preparing to shut down Robert Mueller’s investigation of Russian intervention in the 2016 election.
The administration and its allied media organs, especially those owned by Rupert Murdoch, have spent months floating a series of rationales, of varying degrees of implausibility, for why a deeply respected Republican law-enforcement veteran is disqualified to lead the inquiry: He is friends with James Comey, who is biased because Trump fired him; Comey is biased because he pursued leads turned up in Christopher Steele’s investigation, which was financed by Democrats; Mueller has failed to investigate Hillary Clinton’s marginal-to-nonexistent role in a uranium sale.
The newest pseudo-scandal fixates on the role of Peter Strzok, an FBI official who helped tweak the language Comey employed in his statement condemning Clinton’s email carelessness and has also worked for Mueller.
His alleged crime is a series of text messages criticizing Trump. Mueller removed Strzok from his team, but that is not enough for Trump’s supporters, who are seizing on Strzok’s role as a pretext to discredit and remove Mueller, too. The notion that a law-enforcement official should be disqualified for privately expressing partisan views is a novel one, and certainly did not trouble Republicans last year, when Rudy Giuliani was boasting on television about his network of friendly agents. Yet in the conservative media, Mueller and Comey have assumed fiendish personae of almost Clintonian proportions.
It’s happening, folks. Yesterday we learned that Hope Hicks was interviewed by Mueller’s team all day Thursday and Friday. Hicks knows everything that has happened. There is no way Trump is going to sit still while she either tells the truth or may get caught in a lie and have to cooperate with Mueller. The investigation is getting closer and closer to Trump and his family.
The New York Times: F.B.I. Warned Hope Hicks About Emails From Russian Operatives.
F.B.I. officials warned one of President Trump’s top advisers, Hope Hicks, earlier this year about repeated attempts by Russian operatives to make contact with her during the presidential transition, according to people familiar with the events.
The Russian outreach efforts show that, even after American intelligence agencies publicly accused Moscow of trying to influence the outcome of last year’s presidential election, Russian operatives were undaunted in their efforts to establish contacts with Mr. Trump’s advisers….
After he took office, senior F.B.I. counterintelligence agents met with Ms. Hicks in the White House Situation Room at least twice, gave her the names of the Russians who had contacted her, and said that they were not who they claimed to be. The F.B.I. was concerned that the emails to Ms. Hicks may have been part of a Russian intelligence operation, and they urged Ms. Hicks to be cautious.
The meetings with Ms. Hicks, what the F.B.I. calls a “defensive briefing,” went beyond the standard security advice that senior White House officials routinely receive upon taking office. Defensive briefings are intended to warn government officials about specific concerns or risks.
Meanwhile, as Dakinikat wrote yesterday, the Justice Department has announced “investigations” into fake scandals like Planned Parenthood supposedly selling fetal body parts and the Uranium One non-scandal. And the GOP Congress is going to turn the sexual harassment scandal into a Democratic problem. The Democrats pushed Al Franken out without due process for minor accusations that may have been orchestrated, and now more Democrats are going to be revealed as abusers so the public will forget about Trump and Moore.
The Treasury Department paid $220,000 in a previously undisclosed agreement to settle a lawsuit alleging sexual harassment that involved Florida Democrat Alcee L. Hastings, according to documents obtained by Roll Call.
Winsome Packer, a former staff member of a congressional commission that promotes international human rights, said in documents that the congressman touched her, made unwanted sexual advances, and threatened her job. At the time, Hastings was the chairman of the Commission on Security and Cooperation in Europe, where Packer worked.
Hastings has called Packer’s charges “ludicrous” and in documents said he never sexually harassed her.
“Until this evening, I had not seen the settlement agreement between the Commission on Security and Cooperation in Europe (CSCE) and Ms. Packer,” the congressman said in a statement Friday night. “This matter was handled solely by the Senate Chief Counsel for Employment. At no time was I consulted, nor did I know until after the fact that such a settlement was made.”
Hastings said that the lawsuit that Packer filed against him and an investigation by the House Ethics Committee were ultimately dismissed.
“I am outraged that any taxpayer dollars were needlessly paid to Ms. Packer,” he said.
Will another member of the Black Caucus be forced out now?
Sarah Kendzior issued a stark waning this morning in response to this tweet:
Here’s a Trump scandal; will it gain any traction? The New York Times: Uranium firm urged Trump officials to shrink Bears Ears National Monument.
A uranium company launched a concerted lobbying campaign to scale back Bears Ears National Monument, saying such action would give it easier access to the area’s uranium deposits and help it operate a nearby processing mill, according to documents obtained by The Washington Post.
Interior Secretary Ryan Zinke and top Utah Republicans have said repeatedly that questions of mining or drilling played no role in President Trump’s announcement Monday that he was cutting the site by more than 1.1 million acres, or 85 percent. Trump also signed a proclamation nearly halving the Grand Staircase-Escalante National Monument, which is also in southern Utah and has significant coal deposits.
“This is not about energy,” Zinke told reporters Tuesday. “There is no mine within Bears Ears.”
But the nation’s sole uranium processing mill sits directly next to the boundaries that President Barack Obama designated a year ago when he established Bears Ears. The documents show that Energy Fuels Resources (USA) Inc., a subsidiary of a Canadian firm, urged the Trump administration to limit the monument to the smallest size needed to protect key objects and areas, such as archeological sites, to make it easier to access the radioactive ore.
In a May 25 letter to the Interior Department, Chief Operating Officer Mark Chalmers wrote that the 1.35 million-acre expanse Obama created “could affect existing and future mill operations.” He later noted, “There are also many other known uranium and vanadium deposits located within the [original boundaries] that could provide valuable energy and mineral resources in the future.”
There is soooo much news today. I’ll have to add some links in the comment thread, but I’ll end this post with the latest NYT gossipy insider report on Trump’s defensive maneuvers: Inside Trumps Hour-by-Hour Battle for Self-Preservation.
Around 5:30 each morning, President Trump wakes and tunes into the television in the White House’s master bedroom. He flips to CNN for news, moves to “Fox & Friends” for comfort and messaging ideas, and sometimes watches MSNBC’s “Morning Joe” because, friends suspect, it fires him up for the day.
Energized, infuriated — often a gumbo of both — Mr. Trump grabs his iPhone. Sometimes he tweets while propped on his pillow, according to aides. Other times he tweets from the den next door, watching another television. Less frequently, he makes his way up the hall to the ornate Treaty Room, sometimes dressed for the day, sometimes still in bedclothes, where he begins his official and unofficial calls.
As he ends his first year in office, Mr. Trump is redefining what it means to be president. He sees the highest office in the land much as he did the night of his stunning victory over Hillary Clinton — as a prize he must fight to protect every waking moment, and Twitter is his Excalibur. Despite all his bluster, he views himself less as a titan dominating the world stage than a maligned outsider engaged in a struggle to be taken seriously, according to interviews with 60 advisers, associates, friends and members of Congress.
For other presidents, every day is a test of how to lead a country, not just a faction, balancing competing interests. For Mr. Trump, every day is an hour-by-hour battle for self-preservation. He still relitigates last year’s election, convinced that the investigation by Robert S. Mueller III, the special counsel, into Russia’s interference is a plot to delegitimize him. Color-coded maps highlighting the counties he won were hung on the White House walls.
Read more about the madman in the White House at the NYT link.
What stories are you following today?