Lazy Caturday Reads

Intellectual Cat, Olena Kamenetska-Ostapchuk

Intellectual Cat, Olena Kamenetska-Ostapchuk

Good Morning!!

I hope you are all having a nice weekend. It’s finally starting to feel more like Spring here in Greater Boston after weeks of unseasonably cool weather. It’s bright and sunny and in the 70s today and it looks like the good weather will continue into next week. We might even see some 80-degree days midweek. 

It looks like we might be getting closer to a comeuppance for Trump and his merry band of conspiracy nuts. I don’t want to get my hopes up too much, but Democrats in the House have finally decided to try to set up an independent commission to investigate the January 6 insurrection.

The Washington Post: House members announce bipartisan deal for Jan. 6 commission.

A group of House Democrats and Republicans announced Friday that they had struck a deal to establish an independent commission to investigate the Jan. 6 attack on the U.S. Capitol, a significant breakthrough after months of partisan standoff over the mandate for such a panel — and whether it should exist at all.

Zombie's Mother Katherine Goncharova

Zombie’s Mother, by Katherine Goncharova

The proposed 10-member commission, which emulates the panel that investigated the causes and lessons of the 9/11 terrorist attacks, would be vested with subpoena authority and charged with studying the events and run-up to Jan. 6 — with a focus on why an estimated 10,000 supporters of former president Donald Trump swarmed the Capitol grounds and, more important, what factors instigated about 800 of them to break inside. Trump’s critics in both political parties view it as a means to bring further public scrutiny to his role in inspiring the violence.

“There has been a growing consensus that the January 6th attack is of a complexity and national significance that what we need [is] an independent commission to investigate,” said Rep. Bennie Thompson (D-Miss.), chairman of the House Homeland Security Committee, announcing that he had reached agreement with the panel’s top Republican, Rep. John Katko (N.Y.). “The creation of this commission is our way of taking responsibility for protecting the U.S. Capitol.”

Democrats also proposed a bill to increase security in the Capitol.

The bill puts over a half-billion dollars toward hardening the Capitol and congressional office buildings with movable fences, door and window reinforcements, and additional security cameras and checkpoints. It also dedicates $21.5 million to stepping up security details for members facing threats, whether in Washington, their home districts or traveling between the two — and $18 million to better train and equip the U.S. Capitol Police to respond to riot situations.

But the largest part of the hefty spending bill — nearly $700 million — is simply to pay money owed to the Capitol Police, D.C. police, the National Guard and other federal agencies for costs they incurred in responding to the riot and its aftermath. It also dedicates more than $200 million to the federal courts to address threats to judges and to meet various other costs related to prosecuting those charged in connection with the insurrection.

Both the spending bill and the commission legislation face unique challenges as proponents seek to build enough bipartisan support to get the measures through both chambers of Congress. Thus far, no Republicans have voiced support for the Democrats’ spending bill. And although the commission proposal is bipartisan, and is likely to have enough backing to clear the House when it comes to a vote next week, it is unclear how many Republicans will support it.

Liz Cheney, the ultraconservative who has become a fierce Trump critic, applauded the bill. Newsweek: Liz Cheney Welcomes January 6 Commission, Says Americans Need ‘The Truth.’

Rep. Liz Cheney (R-WY) has welcomed the prospect of a bipartisan commission to examine the violence of January 6, insisting Americans need to know “the truth” of what happened that day….

Still Life with Cats, by Max Beckman

Still Life with Cats, by Max Beckmann

In a statement, Cheney said: “All members, especially House and Senate leaders, should support this effort and there should be no delay in passing this bill to find the facts and the truth about what happened on January 6th and the events leading up to it.

“In the aftermath of national crises, such as Pearl Harbor, the Kennedy assassination, or September 11th, our nation has established commissions so the American people know the truth and we can prevent these events from happening again. The same thing is needed for January 6th and this commission is an important step forward to answering those fundamental questions.”

More from Cheney at CNN: Cheney says some GOP members voted against impeachment out of fear for their lives.

Telling CNN’s Jake Tapper on “The Lead” that there are “more members who believe in substance and policy and ideals than are willing to say so,” Cheney cited the impeachment vote earlier this year, in which she was one of only 10 House Republicans who voted to hold Trump accountable for the Capitol riot.

“If you look at the vote to impeach, for example, there were members who told me that they were afraid for their own security — afraid, in some instances, for their lives,” she said. “And that tells you something about where we are as a country, that members of Congress aren’t able to cast votes, or feel that they can’t, because of their own security.”

Hours earlier on Friday, New York Republican Rep. Elise Stefanik, a vocal ally of the former President who has a less conservative voting record than Cheney, was elected House GOP conference chairwoman. The key difference between the two women is that Stefanik has supported Trump’s baseless claims of widespread fraud in the 2020 election while Cheney has repeatedly rebutted them, leading House Republicans to complain that the Wyoming Republican is undermining the party’s message of promoting Trump’s brand of politics.

Cheney said her role as a member of Congress obligated her to oppose the widespread lie of fraud in the election and she believes that “we’ve had a collapse of truth in this country.”

“We’ve seen an evolution of, you know, a general situation where conspiracy theories are rampant, where good people in a lot of instances have been misled and believe things that are not true,” Cheney continued. “And so, I think that we all have an obligation to make sure we’re doing everything we can to convey the truth, to stand for the truth and to stand for the Constitution and our obligations.”

Three cats, Franz Marc

Three Cats, by Franz Marc

At Mother Jones, David Corn questions whether the bipartisan commission could fully uncover the truth: House Dems and Republicans Strike a Deal on a 1/6 Commission—But There’s One Big Catch.

On Friday morning, big news hit: Democrats and Republicans in the House had reached a compromise to set up a bipartisan, independent commission that would investigate the January 6 assault on the US Capitol. For weeks, GOPers had opposed a proposal from House Speaker Nancy Pelosi to establish such a body, complaining it permitted Democrats to appoint a majority of the commissioners. But last month, she pitched a new deal with equal representation. And under the agreement concocted by Rep. Bennie Thompson (D-Miss.), who chairs the Homeland Security Committee, and Rep. John Katko (R-N.Y.), the top Republican on the panel, the Democratic and Republican leaders of the House and Senate would each get to appoint five members of the 10-person body, which will be modeled on the 9/11 commission. (The Dems will name the chair, the Republicans the vice chair.) Yet there is one big wrinkle: Though this commission will have the power to subpoena witnesses, subpoenas must be approved by either the chair and vice-chair or by a majority of the commissioners. That means the Republicans on the commission will have the power to block any subpoena.

It is not hard to envision numerous scenarios in which the commission—which would have to be approved by the Senate—could become immersed in conflict over the question of who to interview, what information to seek, and which witnesses to subpoena. After all, there is no way for the commission to do its job thoroughly without fully scrutinizing the actions of various Republicans, pro-Trump activists, the Trump White House, and former President Donald Trump himself. And if some of these potential subjects refuse to voluntarily cooperate with the commission’s investigators, the only recourse will be subpoenas. But will Republican-appointed commissioners okay subpoenas for GOP witnesses? 

Corn offers a list of necessary witnesses, including Donald Trump, Mike Pence, Rudi Giuliani, Roger Stone, Jared Kushner, and Ivanka Trump. Would Republicans on the commission go along with subpoenaing those important witnesses? He conclues:

The public deserves a complete, no-holds-bar accounting of the January 6 tragedy. But there is no way for any commission to fully uncover and report the whole truth without questioning Republicans and past and present members of Trump’s inner circle. This attack was a Trump production, and some of the most important eyewitnesses of that day are prominent Republicans and Trumpers. Should a commission be established—and it’s no done-deal yet—will Republican commissioners actually allow their gumshoes to haul in these sorts of witnesses? If not, this exercise could end up being yet another GOP assault on American democracy.

The Matt Gaetz investigation seems to be heating up. Here’s the latest.

The New York Times: Former Gaetz Confidant Agrees to Plead Guilty and Cooperate.

Woman with Cat, Jose Manuel Merello, 1960

Woman with Cat, Jose Manuel Merello, 1960

A former confidant of Representative Matt Gaetz admitted in court papers on Friday to an array of federal crimes, including sex trafficking of a 17-year-old girl, and agreed to cooperate with the Justice Department’s ongoing investigations.

The plea deal by Joel Greenberg, the onetime associate of Mr. Gaetz who had served as a tax collector in Seminole County, Fla., north of Orlando, until he was indicted last year, provided prosecutors a potential key witness as they decide whether to charge Mr. Gaetz, the Florida Republican who is a close ally of former President Donald J. Trump.

Mr. Gaetz is said to be under investigation over whether he violated sex trafficking laws by having sex with the same 17-year-old.

Mr. Greenberg did not implicate Mr. Gaetz by name in court papers filed by prosecutors in Federal District Court in Orlando. But Mr. Greenberg admitted that he “introduced the minor to other adult men, who engaged in commercial sex acts” with her, according to the documents, and that he was sometimes present. The others were not named.

Mr. Greenberg, who has been meeting with prosecutors for at least five months, has told investigators that Mr. Gaetz had sex with the girl and knew that she was being paid, according to a person briefed on the inquiry.

And from The Daily Beast: Rep. Matt Gaetz Snorted Cocaine With Escort Who Had ‘No Show’ Gov’t Job.

When Rep. Matt Gaetz attended a 2019 GOP fundraiser in Orlando, his date that night was someone he knew well: a paid escort and amateur Instagram model who led a cocaine-fueled party after the event, according to two witnesses.

The Florida congressman’s one-time wingman, Joel Greenberg, will identify that escort to investigators as one of more than 15 young women Gaetz paid for sex, according to a source familiar with the investigation.

Ernst Ludwig Kirchner

By Ernst Ludwig Kirchner

But what distinguishes this woman, Megan Zalonka, is that she turned her relationship with Greenberg into a taxpayer-funded no-show job that earned her an estimated $7,000 to $17,500, according to three sources and corresponding government records obtained by The Daily Beast.

On Oct. 26, 2019, Gaetz attended the “Trump Defender Gala” fundraiser as the featured speaker at the Westgate Lake Resort in Orlando. Two witnesses present recalled friends reconvening at Gaetz’s hotel room for an after-party, where Zalonka prepared lines of cocaine on the bathroom counter. One of those witnesses distinctly remembers Zalonka pulling the drugs out of her makeup bag, rolling a bill of cash, and joining Gaetz in snorting the cocaine.

While The Daily Beast could not confirm that Gaetz and Zalonka had sex that night, two sources said the pair had an ongoing financial relationship in exchange for sex. “She was just one of the many pieces of arm candy he had,” said one source familiar with the encounters between Gaetz and Zalonka.

The congressman—who has declared that he “never paid for sex”—wrote off the stay at the hotel as a campaign expense, with his donors picking up the tab.

Yuck. I can’t believe Gaetz is still in Congress and on the House Judiciary Committee.

Finally, investigations that were blocked under Trump may be able to go forward. CNN reports on some possibilities: Biden administration gives House panel documents related to Trump hotel.

The General Services Administration has provided House Democrats with documents related to former President Donald Trump’s Washington hotel, in the second case this week where the Biden administration gave the House information that the Trump administration had blocked it from obtaining….

House Transportation Chairman Peter DeFazio, an Oregon Democrat, requested a slew of records in March related to the Trump International Hotel lease of the Old Post Office Building, which is not far from the White House. It was a request he had resubmitted to the GSA after it had been blocked by the Trump administration.

Jan F. Welker

By Jan F. Welker

The GSA responded in a letter to DeFazio last week that it was turning over some of the requested records, including monthly financial statements from the Trump hotel, audits and lease amendments — though the GSA declined to provide legal memorandums, arguing that those records were part of “internal executive branch legal advice.” The letter from the GSA said it was still working to fulfill DeFazio’s request for memos and communications from the White House or other federal agencies related to the lease of the Old Post Office Building….

The GSA’s willingness to provide documents to the House comes around the same time that the Justice Department struck an agreement with the House Judiciary Committee this week for the long-sought testimony of former Trump White House counsel Don McGahn. The House’s agreement with the Justice Department came ahead of a scheduled court hearing on the matter.

There are still several other outstanding court cases in which the House is fighting for Trump-related documents — most notably the effort by the House Ways and Means Committee to obtain Trump’s tax returns from the IRS. That case has a status update scheduled for May 28.

Have a great Caturday, Sky Dancers!! As always, this is an open thread.


Tuesday Reads: The Art of Giving Up the Store

Good Morning!!

As we all expected, Trump got played by Kim Jong Un in Singapore. Trump laid the flattery on thick and gave away the store while Kim gave nothing specific in return. According to The Guardian’s live blog, Trump already invited Kim to the White House. Here’s the statement they both signed:

President Donald J. Trump of the United States of America and Chairman Kim Jong Un of the Democratic People’s Republic of Korea (DPRK) held a first, historic summit in Singapore on June 12, 2018.

President Trump and Chairman Kim Jong Un conducted a comprehensive, in-depth and sincere exchange of opinions on the issues related to the establishment of new US-DPRK relations and the building of a lasting and robust peace regime on the Korean Peninsula. President Trump committed to provide security guarantees to the DPRK, and Chairman Kim Jong Un reaffirmed his firm and unwavering commitment to complete denuclearization of the Korean Peninsula.

Convinced that the establishment of new US-DPRK relations will contribute to the peace and prosperity of the Korean Peninsula and of the world, and recognizing that mutual confidence building can promote the denuclearization of the Korean Peninsula, President Trump and Chairman Kim Jong Un state the following:

1. The United States and the DPRK commit to establish new US-DPRK relations in accordance with the desire of the peoples of the two countries for peace and prosperity.

2. The United States and DPRK will join their efforts to build a lasting and stable peace regime on the Korean Peninsula.

3. Reaffirming the April 27, 2018 Panmunjom Declaration, the DPRK commits to work toward complete denuclearization of the Korean Peninsula.

4. The United States and the DPRK commit to recovering POW/MIA remains, including the immediate repatriation of those already identified.

Having acknowledged that the US-DPRK summit — the first in history — was an epochal event of great significance in overcoming decades of tensions and hostilities between the two countries and for the opening up of a new future, President Trump and Chairman Kim Jong Un commit to implement the stipulations in the joint statement fully and expeditiously. The United States and the DPRK commit to hold follow-on negotiations, led by the US Secretary of State, Mike Pompeo, and a relevant high-level DPRK official, at the earliest possible date, to implement the outcomes of the US-DPRK summit.

President Donald J. Trump of the United States of America and Chairman Kim Jong Un of the State Affairs Commission of the Democratic People’s Republic of Korea have committed to cooperate for the development of new US-DPRK relations and for the promotion of peace, prosperity, and the security of the Korean Peninsula and of the world.

DONALD J. TRUMP
President of the United States of America

KIM JONG UN
Chairman of the State Affairs Commission of the Democratic People’s Republic of Korea

June 12, 2018
Sentosa Island
Singapore

You’ll notice there are no specifics–no definition of “denuclearization,” no mention of a timetable or inspections. Yet Trump has already promised to stop the joint U.S-South Korean military exercises in South Korea. The Washington Post reports:

Trump sounded triumphant following his meeting with Kim, expressing confidence that the North Korean leader was serious about abandoning his nuclear program and transforming his country from an isolated rogue regime into a respected member of the world community.

But Trump provided few specifics about what steps Kim would take to back up his promise to denuclearize his country and how the United States would verify that North Korea was keeping its pledge to get rid of its nuclear weapons, saying that would be worked out in future talks….

Kim, it seems, got at least one benefit up front.

Trump announced that he will order an end to regular “war games” that the United States conducts with ally South Korea, a reference to annual joint military exercises that are an irritant to North Korea.

Trump called the exercises “very provocative” and “inappropriate” in light of the optimistic opening he sees with North Korea. Ending the exercises would also save money, Trump said.

The United States has conducted such exercises for decades as a symbol of unity with Seoul and previously rejected North Korean complaints as illegitimate. Ending the games would be a significant political benefit for Kim, but Trump insisted he did not give up leverage.

South Korea and Japan can’t be very happy about that, but Trump has already said that he wants to pull all the troops out of South Korea.

The LA Times: Trump and Kim agree to more talks but fail to produce nuclear disarmament plan.

President Trump wrapped up his improbable summit with North Korean leader Kim Jong Un on Tuesday, vowing to “start a new history” with the nuclear-armed nation after signing a vaguely worded agreement that contained no concrete plan for disarmament.

Later, at a 65-minute news conference, Trump said he had agreed to North Korea’s longtime demands to stop joint U.S. military exercises with South Korea. The war games have been a mainstay of the U.S. alliance with Seoul for decades.

Trump said halting the drills would save “a lot of money” and he called them “provocative,” the complaint North Korea often made. He also said he hopes eventually to withdraw the 28,000 U.S. troops stationed in South Korea, although not as part of the current agreement with Kim….

He lavished praise on Kim as a “great talent,” denied concerns about treating him as an equal and painted a rosy picture of North Korea’s potential future — one laid out in a bizarre, propaganda-style video that the White House had prepared for the North Korean leader.

Asked why he trusted a ruler who had murdered family members and jailed thousands of political prisoners, Trump lauded Kim for taking over the regime at age 26, when his father died in 2011, and being “able to run it, and run it tough.”

While Trump repeatedly portrayed his two-page agreement with Kim as “comprehensive,” it contained little new except a commitment by both sides to continue diplomatic engagement, with Secretary of State Mike Pompeo leading the U.S. side in future talks.

There’s much more at the LA Times link. That is probably the most realistic article I’ve read about the summit.

More North Korea summit links to check out:

ABC News Exclusive: ‘I do trust him’: Trump opens up about Kim after historic summit.

ABC News: President Trump sits down with George Stephanopoulos: Transcript.

Nicholas Kristof at The New York Times: Trump Was Outfoxed in Singapore.

Vanity Fair: “They’re Trying to Make Sure It’s Not a Total Farce”: Washington’s Diplomatic Corps Does Not Have High Hopes for the Trump-Kim Summit.

Robert Kuttner at The American Prospect: The Lasting Damage Of Trump’s Disastrous Diplomacy.

This one is an argument for women world leaders. Yahoo News: ‘Alpha male’ handshakes as Trump, Kim meet, but body language shows some nerves.

Reuters: Iran warns North Korea: Trump could cancel deal before getting home.

 

In other news . . .

George Conway

Kellyanne Conway’s husband George Conway has a piece at Lawfare in which he defends the Muller investigation: The Terrible Arguments Against the Constitutionality of the Mueller Investigation. Iran has Trump’s number alright.

In an early-morning tweet last week, President Trump took aim once again at Special Counsel Robert Mueller, but with a brand new argument: “The appointment of the Special Councel,” the president typed, “is totally UNCONSTITUTIONAL!” [….]

He didn’t explain what his argument was, or where he got it, but a good guess is that it came from some recent writings by a well-respected conservative legal scholar and co-founder of the Federalist Society, professor Steven Calabresi. Unfortunately for the president, these writings are no more correct than the spelling in his original tweet. And in light of the president’s apparent embrace of Calabresi’s conclusions, it is well worth taking a close look at Calabresi’s argument in support of those conclusions.

Calabresi has made his argument in a Wall Street Journal op-ed, on a Federalist Society teleconference and in a more detailed paper he styles as a “Legal Opinion.” He contends that all of Special Counsel Mueller’s work is unconstitutionally “null and void” because, in Calabresi’s view, Mueller’s appointment violates the Appointments Clause of the Constitution, Article II, Section 2, Clause 2.

The Appointments Clause distinguishes between two classes of executive-branch “officers”—principal officers and inferior officers—and specifies how each may be appointed. As a general rule, the clause says that “Officers of the United States”—principal officers—must be nominated by the president and appointed “with the Advice and Consent of the Senate.” At the same time, however, the Appointments Clause allows for a more convenient selection method for “inferior officers”: It goes on to add, “but the Congress may by law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of law, or in the Heads of Departments.”

Read the rest at Lawfare. I wonder how Kellyanne is dealing with her husbands differences of opinion with the Trump gang?

There has been some progress in the case against Trump’s violation of the emoluments clause of the Constitution. The New York Times: Judge in Emoluments Case Questions Defense of Trump’s Hotel Profits.

GREENBELT, Md. — A federal judge on Monday sharply criticized the Justice Department’s argument that President Trump’s financial interest in his company’s hotel in downtown Washington is constitutional, a fresh sign that the judge may soon rule against the president in a historic case that could head to the Supreme Court.

The plaintiffs in the lawsuit, the District of Columbia and the state of Maryland, charge that Mr. Trump’s profits from the hotel violate anti-corruption clauses of the Constitution that restrict government-bestowed financial benefits, or emoluments, to presidents beyond their official salary. They say the hotel is siphoning business from local convention centers and hotels.

The judge, Peter J. Messitte of the United States District Court in Maryland, promised to decide by the end of July whether to allow the plaintiffs to proceed to the next stage, in which they could demand financial records from the hotel or other evidence from the president. The case takes aim at whether Mr. Trump violated the Constitution’s emoluments clauses, which prevent a president from accepting government-bestowed benefits either at home or abroad. Until now, the issue of what constitutes an illegal emolument has never been litigated.

Attorneys general for the District of Columbia and Maryland say that by allowing foreign officials to patronize the five-star Trump International Hotel blocks from the White House, Mr. Trump is violating the Constitution’s ban on payments from foreign governments to federal officeholders. They also claim the president is violating a related clause that restricts compensation, other than his salary, from the federal government or from state governments.

Read the rest at the NYT link.

Finally, from Mother Jones: Sessions Makes It Vastly Harder for Victims of Domestic Abuse and Gang Violence to Receive Asylum.

Attorney General Jeff Sessions has just made it dramatically harder for victims of violence to receive asylum in the United States. Using his authority over the US immigration court system, Sessions decided Monday that people fleeing gangs and domestic violence will generally not qualify for asylum.

To receive asylum, applicants have to show they were persecuted because of characteristics such as their race, religion, or membership in a “particular social group.” Sessions wrote Monday that a gang’s victims have not necessarily “been targeted ‘on account of’ their membership” in a social group just because the gang harassed a certain geographical area. He expressed similar skepticism about domestic violence claims, overturning a 2014 case that established that “married women in Guatemala who are unable to leave their relationship” can count as a social group.

Sessions’ decision requires asylum seekers to show that their government has “condoned” the violence committed by non-governmental actors or demonstrated an “inability” to protect victims. “Generally, claims by aliens pertaining to domestic violence or gang violence perpetrated by non-governmental actors will not qualify for asylum,” he wrote. “While I do not decide that violence inflicted by non-governmental actors may never serve as the basis for an asylum or withholding application based on membership in a particular social group, in practice such claims are unlikely to satisfy the statutory grounds for proving group persecution.”

Michelle Brané, the director of the Migrant Rights and Justice program at the Women’s Refugee Commission, calls the decision a “devastating blow” to families who come to the United States seeking protection. “What this means in practical terms is that the United States is turning its back on our commitment to never again send people back to a country where their life is at risk,” she says in an email. “Women and children will die as a result of these policies.”

Now, what stories are you following today?