I wish we could go back to the days when we weren’t overwhelmed with breaking news every single morning. I’ve got a mish-mash of articles for your this morning.
The biggest news today will probably be what happens at Paul Manafort’s sentencing hearing at 3:30 this afternoon in the Eastern District of Virginia.
Courthouse News: Manafort Faces Decades in Prison at Virginia Sentencing.
Manafort, 69, faces up to 24 years in prison when he is sentenced by U.S. District Judge T.S. Ellis III. During his trial last August, spread over 12 rigorous days, prosecutors unfurled a complex web of fraud he coordinated in multiple countries with the help of his business associate, Rick Gates, who pleaded guilty to charges brought by Special Counsel Robert Mueller and testified against Manafort as the star witness.
Accused of failing to report roughly $16.5 million in income from his political lobbying work on behalf of Ukraine and its onetime President Viktor Yanukovych, the jury in Virginia found Manafort guilty on eight counts of bank and tax fraud after four days of deliberations….
Though none of the charges Manafort faced in Virginia directly involved any of his work on President Donald Trump’s campaign, Mueller’s underlying task – to unearth American activity connected to Russian meddling in the election – placed the spotlight firmly on the president’s onetime campaign chairman….
Manafort will go before Judge Ellis on Thursday afternoon for his sentencing.
Federal sentencing guidelines in the Virginia case suggest Manafort should serve 19 to 24 years in prison but Judge Ellis can impose any sentence he sees fit – including one well below the guidelines. Mueller has recommended Manafort be sentenced in the upper range of the guidelines.
As you probably recall, Judge Ellis is kind of eccentric and usually makes very blunt remarks. Remember, he asked prosecutors whether they had considered charging Mike Flynn with treason and told him “You sold your country out.” Read Ellis quotes at CNN: Baked Alaska and birthday cake: Memorable lines from the Manafort trial judge, T.S. Ellis.
I really dislike the conservative site Axios, but they have a good piece today: The biggest political scandal in American history.
Historians tell Axios that the only two scandals that come close to Trump-Russia are Watergate, which led to President Richard Nixon’s resignation in 1974, and the Teapot Dome scandal of the early 1920s, in which oil barons bribed a corrupt aide to President Warren Harding for petroleum leases.
Mueller has already delivered one of the biggest counterintelligence cases in U.S. history, author Garrett Graff points out — up there with Aldrich Ames (a former CIA officer convicted in 1994 of being a KGB double agent), or Julius and Ethel Rosenberg (executed in 1953 for spying for the Soviets).
Watergate yielded more charges than Mueller has so far: A total of 69 people were charged in Watergate; 48 people and 20 corporations pleaded guilty. Mueller so far has indicted 27 people; seven have been convicted or pleaded guilty.
But historians say that both Watergate and Teapot Dome were more limited because a foreign power wasn’t a central player, and a much narrower band of potential offenses was under investigation.
A fourth notable scandal, the Iran-Contra affair of the mid-1980s — in which arms were traded for hostages held by Iran, with the money usRed to fund rebels in Nicaragua — also involved a more limited range of issues.
Read the rest at Axios. It’s actually quite a bit more comprehensive than most of their stories.
J.T. Smith, who was executive assistant to Attorney General Elliot Richardson under Nixon, has an op-ed at The New York Times today: What if the Mueller Report Demands Bold Action?
Most people take for granted that both Mr. Mueller and the new attorney general, William Barr, accept the current Justice Department legal position — reached in a 2000 opinion — that a sitting president cannot be indicted. In a June 2018 memo, Mr. Barr said that under “the Framers’ plan,” the “proper mechanism for policing the president’s” actions “is the political process — that is, the People, acting either directly, or through their elected representatives in Congress.”
Yet since 1973, the Justice Department has revisited its position five times on the question of indicting a sitting president and reached different conclusions. In fact, as executive assistant to President Richard Nixon’s attorney general, Elliot Richardson, I can speak to the circumstances that delivered that first opinion: The principal purpose of the 1973 Watergate-era legal opinion — which concluded that a sitting president cannot be indicted — was to aid in removal from office of a criminally tainted vice president, who, the memo concluded, could be indicted.
But it was not intended to set an ironclad precedent that would forever shape how a president might be treated.
My experience makes me believe that Attorney General Barr should reconsider Justice Department policy. If the evidence gathered by the Mueller investigation on the actions of the president and his advisers indicates a crime, an indictment might be the proper course to hold the president accountable. Further, the indictment policy does not stand in isolation: It has repercussions for a Mueller report and access to it for Congress and the American public.
As Rachel Maddow reported recently, the 1973 policy was written when Nixon’s VP Spiro Agnew was being investigated for “bribery, extortion and tax evasion.” (he was subsequently indicted and forced to resign). You can read more details about the history at the link. Smith’s conclusion:
Mr. Mueller’s investigation has brought us to face similar questions of institutional integrity and transparency for the American public. If Mr. Barr determines that Mr. Mueller’s findings compel legal action, he should reconsider the policy against indictment of a sitting president.
But if Mr. Barr holds to the view that a president’s actions should be policed by the political and not criminal process, it will be imperative that he share a Mueller report with Congress and, to the extent practicable, with the public, redacting only information that is classified or otherwise prohibited by statute.
In light of the gravity of our circumstances, it would be timely and appropriate for the Justice Department to reconsider the shaky policy regarding indictability of a sitting president and provide Congress and the public with the Mr. Mueller’s full findings and conclusions. Only through sunlight and transparency can we preserve confidence in our national institutions and leadership.
Yesterday the DNC announced that they will not hold a primary debate in conjunction with Fox News, citing Jane Mayer’s New Yorker Article. This is nothing unusual; the Democrats have refused to work with Fox News since 2007, but mainstream journalists are criticizing the decision.
Now media critic Margaret Sullivan has weighed in at The Washington Post: It’s time — high time — to take Fox News’s destructive role in America seriously.
Chris Wallace is an exceptional interviewer, and Shepard Smith and Bret Baier are reality-based news anchors.
Now that we’ve got that out of the way, let’s talk about the overall problem of Fox News, which started out with bad intentions in 1996 and has swiftly devolved into what often amounts to a propaganda network for a dishonest president and his allies.
The network, which attracts more viewers than its two major competitors, specializes in fearmongering and unrelenting alarmism. Remember “the caravan”?
At crucial times, it does not observe basic standards of journalistic practice: as with its eventually retracted, false reporting in 2017 on Seth Rich, which fueled conspiracy theories that Hillary Clinton had the former Democratic National Committee staffer killed because he was a source of campaign leaks.
Fox, you might recall, was a welcoming haven for “birtherism” — the racist lies about President Barack Obama’s birthplace. For years, it has constantly, unfairly and inaccurately bashed Hillary Clinton.
Read the rest at the WaPo.
Jared Kushner recently traveled to the Middle East and met privately with Saudi prince MBS. Now he won’t tell anyone what went on in his meetings. The Daily Beast: Embassy Staffers Say Jared Kushner Shut Them Out of Saudi Meetings.
Officials and staffers in the U.S. embassy in Riyadh said they were not read in on the details of Jared Kushner’s trip to Saudi Arabia or the meetings he held with members of the country’s royal court last week, according to three sources with knowledge of the trip. And that’s causing concern not only in the embassy but also among members of Congress.
On his trip to the Middle East, Kushner stopped in Riyadh. While there, he met with Saudi Crown Prince Mohammed bin Salman and King Salman to discuss U.S.-Saudi cooperation, the Israeli-Palestinian conflict and economic investment in the region, according to the White House.
But no one from the embassy in Riyadh was in the meetings, according to those same sources. The State Department did have a senior official in attendance, but he was not part of the State Department team in Saudi. He is a senior member of the department focused on Iran, according to a source with direct knowledge of the official’s presence in Riyadh.
“The Royal Court was handling the entire schedule,” one congressional source told The Daily Beast, adding that officials in the U.S. embassy in had insight into where Kushner was when in Saudi Arabia. “But that is normal for his past trips.”
Click the link to read the rest. A related article from the WaPo editorial board: Trump is covering up for MBS. The Senate must push for accountability.
New York Times gossip columnist Maggie Haberman relays former WH Chief of Staff John Kelly’s attempted cleanup of his mangled reputation following the revelations about Jared and Ivanka’s security clearances: John Kelly, Out of White House, Breaks With Trump Policies.
The former White House chief of staff, John F. Kelly, on Wednesday declined to answer questions about the existence of a memo he wrote saying that President Trump had ordered officials to give his son-in-law, Jared Kushner, a security clearance in May 2018.
Mr. Kelly also broke with Mr. Trump on key aspects of his approach to immigration and the NATO alliance, and said that his top concern about decisions made by the president was whether they were objectively right for the country when divorced from political concerns.
Mr. Kelly, who kept his voice level during a 90-minute question-and-answer session at Duke University, would not specifically address Mr. Kushner’s clearance being ordered by Mr. Trump, which The New York Times reported last week.
“I couldn’t — and I’m not dodging — I couldn’t comment on that for a couple of reasons,” Mr. Kelly said, citing clearances being among the things that he could not discuss, and that conversations with the president “at that level would certainly” be kept confidential under executive privilege.
Some of what Kelly did talk about:
Mr. Kelly, who left at the end of December, also made clear he did not consider himself working for Mr. Trump, but doing his civic duty to serve. If Hillary Clinton had won, he said, he probably would have worked for her as well.
Mr. Kelly defended the utility of the NATO alliance, which Mr. Trump has often criticized as an unfair financial drain on the United States.
On a wall at the border with Mexico, Mr. Kelly said that there were specific areas where it could be effective but constructing one “from sea to shining sea” was a “waste of money.”
The issuance of the zero-tolerance policy for border crossings that resulted in family separations “came as a surprise” to him and to other officials, Mr. Kelly said, defending his replacement as secretary of the Department of Homeland Security, Kirstjen Nielsen, from criticism. He appeared to place most of the blame on the former attorney general, Jeff Sessions, who announced the policy.
I have a few more links to share, but this post is getting long. I’ll put them in the comment thread. What stories have you been following?
Happy Valentine’s Day, Sky Dancers!!
Andrew McCabe’s book The Threat: How the FBI Protects America in the Age of Terror and Trump will be released on Tuesday, and he will be interviewed on 60 Minutes on Sunday night. This might be one 60 Minutes I decide to watch.
McCabe was deputy director of the FBI under James Comey and he became acting director after Trump fired Comey. Trump attacked McCabe repeatedly, and eventually succeeded in driving him out of office. Attorney General Jeff Sessions fired McCabe one day before he could have retired with his full pension.
Today The Atlantic published an article adapted from McCabe’s book: Every Day Is a New Low in Trump’s White House.
On Wednesday, May 10, 2017, my first full day on the job as acting director of the FBI, I sat down with senior staff involved in the Russia case—the investigation into alleged ties between the Trump campaign and the Russian government. As the meeting began, my secretary relayed a message that the White House was calling. The president himself was on the line. I had spoken with him the night before, in the Oval Office, when he told me he had fired James Comey.
A call like this was highly unusual. Presidents do not, typically, call FBI directors. There should be no direct contact between the president and the director, except for national-security purposes. The reason is simple. Investigations and prosecutions need to be pursued without a hint of suspicion that someone who wields power has put a thumb on the scale.
The Russia team was in my office. I took the call on an unclassified line. That was another strange thing—the president was calling on a phone that was not secure. The voice on the other end said, It’s Don Trump calling. I said, Hello, Mr. President, how are you? Apart from my surprise that he was calling at all, I was surprised that he referred to himself as “Don.”
The president said, I’m good. You know—boy, it’s incredible, it’s such a great thing, people are really happy about the fact that the director’s gone, and it’s just remarkable what people are saying. Have you seen that? Are you seeing that, too?
He went on: I received hundreds of messages from FBI people—how happy they are that I fired him. There are people saying things on the media, have you seen that? What’s it like there in the building?
McCabe describes the reaction of FBI employees as one of shock and dismay. Trump then said he wanted to come to the FBI and “show all my FBI people how much I love them.” McCabe thought that was a terrible idea, but agreed to meet with Trump about it. Next, Trump:
…began to talk about how upset he was that Comey had flown home on his government plane from Los Angeles—Comey had been giving a speech there when he learned he was fired. The president wanted to know how that had happened.
I told him that bureau lawyers had assured me there was no legal issue with Comey coming home on the plane. I decided that he should do so. The existing threat assessment indicated he was still at risk, so he needed a protection detail. Since the members of the protection detail would all be coming home, it made sense to bring everybody back on the same plane they had used to fly out there. It was coming back anyway. The president flew off the handle: That’s not right! I don’t approve of that! That’s wrong! He reiterated his point five or seven times.
I said, I’m sorry that you disagree, sir. But it was my decision, and that’s how I decided. The president said, I want you to look into that! I thought to myself: What am I going to look into? I just told you I made that decision.
The ranting against Comey spiraled. I waited until he had talked himself out.
After that Trump taunted McCabe about his wife’s losing campaign for the Virginia Senate, asking McCabe, “How did she handle losing? Is it tough to lose?” and later saying “Yeah, that must’ve been really tough. To lose. To be a loser.”
I once had a boss who was a monstrous whack job like Trump. It was crazy-making. The entire department under this man functioned like an alcoholic family with an unpredictable, out-of-control father. You never knew what horrible thing would happen next. It was total chaos, as the White House seems to be. I’m glad McCabe is telling the truth about what he experienced.
Two more articles based on the McCabe book:
CBS News 60 Minutes: McCabe Says He Ordered the Obstruction of Justice Probe of President Trump.
The New York Times: McCabe Says Justice Officials Discussed Recruiting Cabinet Members to Push Trump Out of Office.
I expect Trump will be ranting about McCabe on Twitter and in the Oval Office, but he can’t do anything to shut McCabe up anymore.
Soon we’ll have a new U.S. Attorney General, William Barr, and already the corruption surrounding him has a very bad odor. CNN reports that Barr’s daughter and son-in-law are leaving the Justice Department for new jobs at FinCEN and the White House Counsel’s office respectively.
Mary Daly, Barr’s oldest daughter and the director of Opioid Enforcement and Prevention Efforts in the deputy attorney general’s office, is leaving for a position at the Financial Crimes Enforcement Network (FinCEN), the Treasury Department’s financial crimes unit, a Justice official said.
Tyler McGaughey, the husband of Barr’s youngest daughter, has been detailed from the powerful US attorney’s office in Alexandria, Virginia, to the White House counsel’s office, two officials said.
It’s not clear if McGaughey’s switch is a result of Barr’s pending new role, and the kind of work he’ll be handling at the White House is not public knowledge.
Daly’s husband will remain in his position in the Justice Department’s National Security Division for now.
The moves were by choice and are not required under federal nepotism laws, but Walter Shaub, the former director of the Office of Government Ethics, called them “a good idea” to “avoid the bad optics that could come from the appearance of them working for him.”
However, Shaub added that McGaughey’s detail to the White House counsel’s office was “concerning.”
“That’s troubling because it raises further questions about Barr’s independence,” Shaub said.
Read more at the CNN link.
If you listened to Rachel Maddow’s podcast about Spiro Agnew (or even if you didn’t) you should read this op-ed at The Washington Post by three attorneys who were involved in that corruption case: We should demand high standards from William Barr. Spiro Agnew’s case shows why, by Barnet D. Skolnik, Russell T. Baker Jr., and Ronald S. Liebman.
In the winter of 1973, 46 years ago, the three of us were assistant U.S. attorneys in Baltimore starting a federal grand jury investigation of a corrupt Democratic county chief executive in Maryland. That investigation ultimately led to the prosecution of his corrupt Republican predecessor — the man who went on to become the state’s governor and then President Richard M. Nixon’s vice president, Spiro T. Agnew.
On Oct. 10, 1973, Agnew entered a plea to a criminal tax felony for failure to report the hundreds of thousands of dollars he’d received in bribes and kickbacks as county executive, governor and even vice president. All paid in cash, $100 bills delivered in white envelopes.
And he resigned.
From the beginning of our investigation, months before we had seen any indication that he had taken kickbacks, Agnew, along with top White House and administration officials and even Nixon himself, repeatedly tried to impede, obstruct and terminate the investigation in nefarious ways. Some of those efforts were unknown to us then and have come to light only now thanks to MSNBC’s Rachel Maddow and her “Bagman” podcast.
When newspapers began to report that he was under criminal investigation in the summer of 1973, Agnew aroused his base by screaming “witch hunt” and launching a vicious assault on the “lying” press, the “partisan” Justice Department, and the “biased” and “liberal Democrat” prosecutors in Baltimore.
If Agnew and Nixon had succeeded in derailing our investigation, the most corrupt man ever to sit a heartbeat away might have become the president of our country when Nixon was forced to resign less than a year later. But our investigation was protected — first, by our staunch and courageous boss, the late George Beall, the U.S. attorney for Maryland and a prominent Maryland Republican, and second, by the man who had become the new U.S. attorney general that spring, Elliot L. Richardson.
The authors then go on to explain why Barr should not be confirmed unless he commits to releasing Robert Mueller’s findings to the public. Read the whole thing at the WaPo.
There is so much more news! Here are some links to check out:
Just Security: Who is Richard Burr, Really? Why the public can’t trust his voice in the Russia probe. (This is an incredibly important story. Corruption is all around us.)
The New York Times: House Votes to Halt Aid for Saudi Arabia’s War in Yemen.
Gulf News: Trump backer Tom Barrack defends Saudi Arabia.
HuffPost: I Wish I’d Had A ‘Late-Term Abortion’ Instead Of Having My Daughter. (Trigger warning for rape description)
The New York Times: Ryan Adams Dangled Success. Women Say They Paid a Price.
So . . . what stories have you been following?