Posted: April 18, 2019 Filed under: morning reads, U.S. Politics | Tags: Barr Cover-Up Report, Donald Trump, live blog, open thread, Robert Mueller muzzled, Russia investigation, William Barr
The Barr cover-up report reportedly will go public sometime today. The schedule is vague. At 9:30, Cover-Up General Barr plans to give a “press conference” about a report that no one except unknown DOJ officials and White House lawyers have read.
Yes, according the NYT, the White House has been briefed and very likely has had the full report for some time. In addition, DOJ attorneys have been helping the White House prepare their counter-report!
The New York Times: White House and Justice Dept. Officials Discussed Mueller Report Before Release.
Not all of Robert S. Mueller III’s findings will be news to President Trump when they are released Thursday.
Justice Department officials have had numerous conversations with White House lawyers about the conclusions made by Mr. Mueller, the special counsel, in recent days, according to people with knowledge of the discussions. The talks have aided the president’s legal team as it prepares a rebuttal to the report and strategizes for the coming public war over its findings.
A sense of paranoia was taking hold among some of Mr. Trump’s aides, some of whom fear his backlash more than the findings themselves, the people said. The report might make clear which of Mr. Trump’s current and former advisers spoke to the special counsel, how much they said and how much damage they did to the president — providing a kind of road map for retaliation.
Reporters should use the “press conference” to ask Barr about his past cover-ups, his connections to Russia, his conflicts of interest, and his general corruption. They won’t, of course. They also should not refer to whatever redacted mess the Cover-Up General releases as the Mueller Report, but of course they will do just that.
We have to keep reminding ourselves that it’s not the Mueller report; it’s the Barr report. If Robert Mueller wanted to endorse Barr’s cover-up, he would be appearing at the “press conference.” But his isn’t going to be there. Mueller has been muzzled.
Tom Scocca at Hmm Daily: It’s the Barr Report, Not the Mueller Report.
What could inspire more hope and despair than a whole bunch of people who messed something up being granted a do-over? Tomorrow, all the reporters and publications who gave Donald Trump his “MUELLER FINDS NO COLLUSION” headlines, based on a few sentence fragments in a letter from attorney general William Barr, are supposed to get another document to analyze and quickly write headlines about.
Already, journalists are calling this document “the Mueller report.” It is not the Mueller report; that is, it will not be the report prepared by the special counsel investigating Russian election interference and the Trump campaign. It will be some other document. Its text, like the quotes used in the Barr letter, will be based on the text of the Mueller report, but it will have been edited down for release by William Barr, whose implicit and explicit theory of his job duties is that he is there to protect the president.
This isn’t speculation. It’s a description of what’s publicly known about the process, informed by Barr’s prior work with the Mueller report, his written record of his own thoughts on presidential immunity, and his history as a middleman in previous scandal coverage. Barr is a partisan, not a broker of facts, and it is a basic reporting error to treat material that’s passed through his control as definitive—a basic reporting error that major media outlets eagerly made, last time around.
The Daily Beast: Mueller Report Rollout Won’t Have Mueller.
The Justice Department will hold a press conference Thursday morning about the release of Special Counsel Robert Mueller’s report—but Mueller won’t be there and the document may not be released until after Attorney General William Barr speaks about the nearly 400 pages he went through to redact.
The House Judiciary Committee has been told it will not get the Mueller report from DOJ until 11 a.m. or noon—after Barr’s press conference scheduled for 9:30 a.m.
“They are making Al Capone look straight,” one committee member told The Daily Beast.
House Judiciary Chairman Jerry Nadler ripped Barr’s plan to speak about the report before lawmakers, the media and public have a chance to review it.
“Rather than letting the facts of the report speak for themselves, the attorney general has taken unprecedented steps to spin Mueller’s nearly two-year investigation,” Nadler said at a press conference on Wednesday night.
“The Attorney General appears to be waging a media campaign on behalf of President Trump, the very subject of the investigation at the heart of the Mueller report,” he added.
If the report is heavily redacted, Nadler said, “we will most certainly issue the subpoenas in very short order.” He said they “will probably find it useful” to ask Mueller and members of his team to testify.
Just send out the subpoenas as soon as you get the report. No more fooling around.
Axios insists on calling the Barr Report “the Mueller Report.”
Mueller report: What witnesses expect ahead of its release
Mueller witnesses and their lawyers say that they expect the special counsel’s report to include a mass of detailed scenes in which President Trump lashed out about Mueller, Jeff Sessions, Rod Rosenstein and the FBI.
The big picture: They believe that if Mueller’s report presents the material in the same relentlessly detailed way as his prosecutors asked the questions, the accumulation could lead a casual observer to think that the president tried to obstruct justice.
Posted: April 15, 2019 Filed under: Afternoon Reads | Tags: afternoon reads, Fire at Notre Dame de Paris, Mueller report, Nancy Pelosi Interview, William Barr
Well Sky Dancers, we made it to another week!
Right now, I’m watching CNN cover the catastrophic fire destroying Notre Dame de Paris. It’s been quite awhile since I visited this beautiful old Cathedral but I cannot imagine Paris without its spires. All I can think about is that incredible organ.
There is very little that appears to be going on to stop the fire. Its cause is unknown. Its spires look like bones eaten by the flames of bright red lava.
It is unlikely that the release of the Mueller Report Thursday will create the flames required to purify the stench of the Trump family crime syndicate from our Republic. We know that the new Attorney General is well skilled in burying constitutional scandals undertaken by lawless Presidents. We need look no farther than what we have learned about the Iran Contra Debacle and Barr’s role in suppressing justice, evidence, and the law. Ryan Goodman–writing for tJust Security-– has this headline: “Barr’s Playbook: He Misled Congress When Omitting Parts of Justice Dep’t Memo in 1989”.
On Friday the thirteenth October 1989, by happenstance the same day as the “Black Friday” market crash, news leaked of a legal memo authored by William Barr. He was then serving as head of the Justice Department’s Office of Legal Counsel (OLC). It is highly uncommon for any OLC memo to make headlines. This one did because it was issued in “unusual secrecy” and concluded that the FBI could forcibly abduct people in other countries without the consent of the foreign state. The headline also noted the implication of the legal opinion at that moment in time. It appeared to pave the way for abducting Panama’s leader, Gen. Manuel Noriega.
Members of Congress asked to see the full legal opinion. Barr refused, but said he would provide an account that “summarizes the principal conclusions.” Sound familiar? In March 2019, when Attorney General Barr was handed Robert Mueller’s final report, he wrote that he would “summarize the principal conclusions” of the special counsel’s report for the public.
When Barr withheld the full OLC opinion in 1989 and said to trust his summary of the principal conclusions, Yale law school professor Harold Koh wrote that Barr’s position was “particularly egregious.” Congress also had no appetite for Barr’s stance, and eventually issued a subpoena to successfully wrench the full OLC opinion out of the Department.
What’s different from that struggle and the current struggle over the Mueller report is that we know how the one in 1989 eventually turned out.
When the OLC opinion was finally made public long after Barr left office, it was clear that Barr’s summary had failed to fully disclose the opinion’s principal conclusions. It is better to think of Barr’s summary as a redacted version of the full OLC opinion. That’s because the “summary” took the form of 13 pages of written testimony. The document was replete with quotations from court cases, legal citations, and the language of the OLC opinion itself. Despite its highly detailed analysis, this 13-page version omitted some of the most consequential and incendiary conclusions from the actual opinion. And there was evidently no justifiable reason for having withheld those parts from Congress or the public.
There was some scuttlebutt last night that the West Wing had seen at least some of the report and that KKKremlin Caligula was on a rampage. It’s really still unknown what will see what and it’s likely we’re in for some court time.
Since those findings were announced, congressional Democrats have been sharply critical of Barr’s handling of the Mueller report, accusing the attorney general of soft-pedaling the findings to protect the president.
The House Judiciary Committee is poised to issue a subpoena for the report’s redacted portions.
Barr has spent weeks redacting sensitive information from the report in preparation for its public release. Barr is shielding four specific categories of information: grand jury material, details whose public release could harm ongoing investigations, any information that would “potentially compromise sources and methods” in intelligence collection, and anything that would “unduly infringe on the personal privacy and reputational interests of peripheral third parties.”
That last category of redaction suggests Barr wants to keep secret any derogatory information gathered by investigators about figures who ended up not being central to Mueller’s investigation.
This analysis is from Darren Samuelsohn of Politic: “The Insiders’ Guide To the Mueller Report. How experts and political operatives are gearing up to read the juiciest Washington info dump in two decades.”
The 400-page Mueller report, expected to land this week, is the most anticipated political read since Ken Starr, Monica Lewinsky and the stained blue dress—and potentially even juicier. But how do you wring that juice out of a behemoth of a legal document, full of redactions, at the speed of social media?
That’s what the tribes of American politics are gearing up to do this week.
From the moment it drops, the scramble will be on—to defend the president, to plan new lines of attack, or to put this whole big crazy story into the wider context of American history. So much material released all at once raises the question of how to dig in on something so dense, with so much buildup, where the feeding frenzy will be instant among the cable TV chattering classes and Twitter piranhas.
The capital has already evolved one model for processing a big tell-all book: “the Washington read,” where you scan the index (assuming there is one) to find everything it says about you, your boss and your enemies and then fake like you’ve read the rest. But this time that won’t be enough. The goods might not come easily. They might be buried in an obscure subsection. And there’s way more at stake than in the typical gossipy memoir.
The report by special counsel Robert Mueller could be the biggest oppo dump in history. It could be a fizzle. Although Mueller didn’t find enough evidence to charge President Donald Trump for conspiring with Russia to win the White House, and Attorney General William Barr has concluded that it doesn’t show Trump obstructed justice, the report itself is expected to be rich with details uncovered by the sweeping 22-month investigation.
We already know something about the way the report will look, courtesy of Barr. The attorney general last week told Congress that the document will be color-coded to explain why lawyers for Mueller and DOJ have redacted some of the most sensitive material. But he promised that, for all the gaps, the report won’t end up looking totally like Swiss cheese. “You will get more than the gist,” Barr told a Senate appropriations subcommittee.
So, of course, Trump is staging side shows to disrupt the news we may get from the release. Here are some headlines for that effort.
From Greg Sargent at the Washington Post: Just say it: Trump’s attacks on Ilhan Omar are designed to incite hatred
One cannot conclusively establish one way or the other whether Trump actively wants to see physical harm befall Omar. But here’s what we can say right now: Trump’s attacks absolutely are designed to incite hatred of Muslims, and the fact that this could have horrifying consequences does not weigh on him in the slightest.
We know these things, because Trump’s monumentally dishonest treatment of Omar’s quote, as well as his own long history, leave no doubt about them. Trump has used 9/11 to stir up hatred of Muslims before — relying on massively deceptive agitprop to do so — and he has repeatedly continued trafficking in various tropes even after they have been confirmed to potentially play some kind of role in inciting hate and even murder.
From Andrew Desiderio / Politico: Trump attorneys warn accounting firm not to hand over financial records.
President Donald Trump’s attorneys are warning of potential legal action if an accounting firm turns over a decade of the president’s financial records to the House Oversight and Reform Committee.
Trump attorneys William S. Consovoy and Stefan Passantino are urging Mazars USA not to comply with a subpoena that Oversight Chairman Elijah Cummings (D-Md.) plans to issue on Monday for Trump’s financial documents, calling it a politically motivated scheme to take down the president.
“It is no secret that the Democrat Party has decided to use its new House majority to launch a flood of investigations into the president’s personal affairs in hopes of using anything they can find to damage him politically,” Consovoy and Passantino wrote to Jerry D. Bernstein, Mazars’ outside counsel.
The attorneys said they were formally putting Mazars ”on notice” — an implicit threat of legal action. They also urged Bernstein to hold off on providing the documents to Cummings until the subpoena can be litigated in court, suggesting that a protracted legal battle is likely to ensue.
“The Democrats’ fervor has only intensified after the special counsel squelched their ‘Russia collusion’ narrative,” the attorneys continued, outlining a series of legal precedents that they argue prevents Mazars from complying with Cummings’ subpoena.
Here are some headlines on the Democratic contenders for the nomination for candidate for President:
Benjy Sarlin / NBC News:Cory Booker unveils plan to cut taxes for half the country
Elizabeth Warren / Team Warren: My plan for public lands
Chris D’Angelo / HuffPost:
Elizabeth Warren Lays Out ‘Climate Solution’ Vision For Public Lands
Jonathan Easley / The Hill: Secret tapes linger over Buttigieg’s meteoric rise
Also, Speaker Pelosi was interviewed by Lesley Stahl on Sixty MInutes last night. If you’re interested in what she said, you may follow this link.
Speaker Nancy Pelosi: The Mueller report is about an attack on our elections by a foreign government. And we want to know about that. We wanna know about that in terms of being able to prevent it from happening again. So it’s bigger even than Donald Trump.
She says she doesn’t trust Attorney General William Barr.
Lesley Stahl: Do you think that the attorney general is covering anything up?
Speaker Nancy Pelosi: I have no idea. I have no idea. He may be whitewashing, but I don’t know if he’s covering anything up. There’s no use having that discussion. All we need to do is see the Mueller report.
Lesley Stahl: And asking for the president’s tax returns?
Speaker Nancy Pelosi: It should not have taken this long for the president– he said he was under audit. When I was in a– I was going to a Martin Luther King breakfast in San Francisco and one of the waiters there said to me, “Madame Speaker, when the president says the Mueller report’s going on too long just tell him not as long as your audit.” (LAUGHTER) Everybody has released their returns and we will have legislation to say that everyone should– must, but for the moment he’s been hi– so what’s he hiding?
She’s just hit her 100th day as speaker. She recently called the president to ask for a meeting on infrastructure, but there’s no sign that the gridlock that has plagued Congress for years is easing.
Lesley Stahl: One of the complaints we’ve heard is that you don’t reach across the aisle because it seems like right now nothing is getting done. You pass things– whatever it is dies in the Senate.
Speaker Nancy Pelosi: Nothing died. Nothing’s died. We already put together 100 days, the fact that we even passed them in the House is a victory. Let’s figure out the places– figure out where we can find common ground. There’s always been bipartisan support for Dreamers, bipartisan support for gun safety, bipartisan support for infrastructure.
Lesley Stahl: But why doesn’t anything get done–
Speaker Nancy Pelosi: We just started.
Lesley Stahl: –with the Dreamers?
Speaker Nancy Pelosi: We just started. We’re three months since we were in– in office.
Lesley Stahl: But you’re talking about 100 days. This president’s been in office for two years plus.
Speaker Nancy Pelosi: And we’ve been here three months. Hey, may I introduce you to the idea of the spout– power of the speaker is to set the agenda. We didn’t have a speaker who would bring a gun bill to the floor. We didn’t have a speaker who would bring a Dreamers issue to the floor. We do now. And that’s a very big difference. The power of the speaker is awesome. Awesome.
But her becoming speaker was in doubt last December when a group in her caucus agitated for a change to someone younger. It was the president, of all people, who rescued her, in that now famous Oval Office meeting.
President Trump in Oval Office meeting: You know, Nancy’s in a situation where it’s not easy for her to talk right now.
That did not sit well with her.
Speaker Pelsoi in Oval Office meeting: Mr. President, please don’t characterize the strength I bring to this meeting as a leader of the House Democrats who just won a big victory…
Right after the meeting, she walked to the mics in her orange coat, with a whole new image, her ascendance to the speakership no longer in jeopardy.
Lesley Stahl: You seem to be one of the very, very few people who have stood up to him and won.
Speaker Nancy Pelosi: No, people do. People do. It– it is–
Lesley Stahl: Maybe not so much in public the way– this was televised.
Speaker Nancy Pelosi: Well, that was his problem. In other words I tried to say let’s not have this conversation in the public domain because you’re saying things that we have to contradict because they’re not true. And he said, “Oh, I want the public to see it.” Well, you want them to see that you don’t– don’t know what you’re talking about? Really?
Lesley Stahl: Here’s what you’ve said. You’ve said, “If someone’s ripping your face off. You rip their face off.” (LAUGH)
Speaker Nancy Pelosi: Oh yeah, I would do that.
So, I’m off to enjoy the sunshine and my very brief spring break. Temple and I are going to walk down to the river and contemplate as much of nothing as possible. And, I will call wordpress about whatever these ads and problems are …
What’s on your reading and blogging list today?
Silent film version of Victor Hugo’s novel about a hunchbacked bellringer who is flogged for trying to kidnap a gypsy girl at the order of an archdeacon’s evil brother. He then saves her from being hung for a false murder charge. Stars whose parents were deaf, Lon Chaney Sr., Ernest Torrence, Patsy Ruth Miller, Brandon Hurst. Public domain film.
Posted: April 11, 2019 Filed under: Foreign Affairs, morning reads, U.S. Politics | Tags: Adam Schiff, Chelsea Manning, computer crimes, conspiracy theories, corruption, Fox News, Julian Assange, Maryanne Trump Barry, Richard Neal, Steven Mnuchin, Trump tax returns, William Barr
Painting by Karen Kinser
There’s way too much news this morning, but this is how we live now. Day after day the shocks come and it becomes more and more difficult to keep track of the corruption, the lawlessness, and the lack of ethics of this of this monstrous administration.
This morning Julian Assange was arrested and dragged kicking and screaming out the Equadorian embassy in London. The British courts will decide whether to extradite him to the U.S. to face charges of computer hacking and conspiracy. He is not charged in the U.S. with publishing stolen information, but for actively helping Chelsea Manning to discover the password that allowed him to break into U.S. State Department computers. More charges may be added in the future. Tweets from a British journalist.
The New York Times: Julian Assange Arrested on U.S. Extradition Warrant, London Police Say.
Julian Assange, the WikiLeaks founder who released reams of secret documents that embarrassed the United States government, was arrested by the British police on Thursday at the Ecuadorean Embassy in London, where he had lived since 2012, after Ecuador withdrew the asylum it had granted him.
The Metropolitan Police said that Mr. Assange had been detained partly in connection with an extradition warrant filed by the authorities in the United States, where he could face of a charge of computer hacking, according to an American official, if he is extradited.
President Lenín Moreno of Ecuador said on Twitter that his country had decided to stop sheltering Mr. Assange after “his repeated violations to international conventions and daily-life protocols,” a decision that cleared the way for the British authorities to detain him.
The relationship between Mr. Assange and Ecuador has been a rocky one, even as it offered him refuge and even citizenship, and WikiLeaks said last Friday that Ecuador “already has an agreement with the UK for his arrest” and predicted that Mr. Assange would be expelled from the embassy “within ‘hours to days.’ ”
Yesterday was also a huge news day. Cover-Up General Barr appeared before the Senate Appropriations Committee and revealed himself to be not only a political hack and Trump lackey but also a Fox News-style conspiracy theorist when he announced that he thinks U.S. intelligence agencies “spied” on Trump’s campaign. I wonder if he thinks Seth Rich hacked the DNC too? In his testimony Barr never expressed any concern about Russia’s interference in the 2016 election to help Trump. The New York Times reports:
With the Russia investigation complete, Mr. Barr said he was preparing to review “both the genesis and the conduct of intelligence activities directed at the Trump campaign,” including possible improper “spying” by American intelligence agencies.
“I think spying on a political campaign is a big deal,” Mr. Barr said, adding that he believed “spying did occur.” Mr. Trump and his allies have accused the F.B.I. and other government officials of abusing their power and cooking up the Russia investigation to sabotage the president.
“I am not suggesting that those rules were violated, but I think it’s important to look at them,” Mr. Barr said. Later he said he wanted to ensure that there was no “improper surveillance” — not suggesting there had been, but that the possibility warranted review.
It was not immediately clear what Mr. Barr was referring to, and he did not present evidence to back up his statement. The F.B.I. obtained a secret surveillance warrant on a former Trump campaign adviser, Carter Page, after he left the campaign, and reports have suggested it used at least one confidential informer to collect information on campaign associates.
Mr. Barr said that he will work with the F.B.I. director, Christopher A. Wray, to examine the origins of the bureau’s counterintelligence investigation of the Trump campaign, and that he would soon set up a team for that effort. He noted that Congress and the Justice Department’s inspector general have already completed investigations of that matter, and that after reviewing those investigations he would be able to see whether there were any “remaining questions to be addressed.”
It’s pretty clear no to anyone with half a brain that Barr sees his job as acting as Trump’s personal lawyer and not the top law enforcement officer in the U.S. representing the American people.
Greg Sargent at The Washington Post: Adam Schiff just issued a stark warning about William Barr.
“I’m shocked to hear the attorney general of the United States casually make the suggestion that the FBI or intelligence community was spying on the president’s campaign,” Schiff told me. “I’m sure it was very gratifying to Donald Trump.” [….]
Schiff pointed out that the bipartisan Gang of Eight — the leaders and intelligence committee chairs in both parties — were already briefed by the Justice Department after Trump made yet another version of the assertion. At the time, the Democrats issued a joint statement saying nothing they had been told supported the notion of untoward conduct.
“It’s unclear to me what Barr was referring to,” Schiff said. He noted that he was unaware that the statement he and other Democrats put out had ever been “contested by anyone on either side of the aisle.”
“All I can make of it is that he wanted to say something pleasing to the boss, and did so at the cost of our institutions,” Schiff said.
Asked if Schiff would seek another briefing from the Justice Department on Barr’s latest claim, Schiff said: “We’ll certainly try to get to the bottom of many of the things he has been saying over the last two days — his references to investigation into the president’s political opponents.”
“His testimony raises profound concern that the attorney general is doing what we urge emerging democracies not to do, and that is, seek to prosecute your political opponents after you win an election,” Schiff continued, in an apparent reference to Barr’s vow to examine the beginnings of the investigation, precisely as Trump has long demanded….
“The big picture is this,” Schiff said. “The post-Watergate reforms are being dismantled, one by one. The Trump precedent after only two years is that you can fire the FBI director who is running an investigation in which you may be implicated as president.”
Last night, Treasury Secretary Steven Mnuchin intervened in House Ways and Means Committee Chair Richard Neal’s demand that the IRS turn over Trump’s personal and business tax returns. The law says that the decision to turn over tax returns fall on the head of the IRS and that Mnuchin must give 30 days notice before he can get involved. But no one in the Trump administration seems to care about those silly things called laws. Axios:
Treasury Secretary Steven Mnuchin failed to meet House Democrats’ request to hand over 6 years of President Trump’s tax returns by the Wednesday’s deadline, stating he needs more time for review, but providing no details as to whether he will comply.
Details: Mnuchin said in a letter to the House Ways and Means Committee chairman Richard Neal (D-Mass.) that his agency has consulted with the Justice Department to review the lawfulness of the request. He said it “raises serious issues concerning the constitutional investigative authority, the legitimacy of the asserted legislative purpose and the constitutional rights of American citizens.”
Also last night, we got a timely reminder of why we need to see Trump’s taxes.
The New York Times: Retiring as a Judge, Trump’s Sister Ends Court Inquiry Into Her Role in Tax Dodges.
President Trump’s older sister, Maryanne Trump Barry, has retired as a federal appellate judge, ending an investigation into whether she violated judicial conduct rules by participating in fraudulent tax schemes with her siblings.
The court inquiry stemmed from complaints filed last October, after an investigation by The New York Times found that the Trumps had engaged in dubious tax schemes during the 1990s, including instances of outright fraud, that greatly increased the inherited wealth of Mr. Trump and his siblings. Judge Barry not only benefited financially from most of those tax schemes, The Times found; she was also in a position to influence the actions taken by her family.
Judge Barry, now 82, has not heard cases in more than two years but was still listed as an inactive senior judge, one step short of full retirement. In a letter dated Feb. 1, a court official notified the four individuals who had filed the complaints that the investigation was “receiving the full attention” of a judicial conduct council. Ten days later, Judge Barry filed her retirement papers.
The status change rendered the investigation moot, since retired judges are not subject to the conduct rules. The people who filed the complaints were notified last week that the matter had been dropped without a finding on the merits of the allegations. The decision has not yet been made public, but copies were provided to The Times by two of the complainants. Both are involved in the legal profession.
The Trump crime family is so corrupt that it’s impossible to keep up with the daily revelations about them.
I’ll post some more links in the comment thread. What stories are you following today?
Posted: March 25, 2019 Filed under: morning reads | Tags: DOJ, Mueller Report "not exonerated", William Barr
Our next attorney general: February 9, 2019
It’s Monday and we’re headed towards April Fool’s Day.
Or did that happen yesterday afternoon when it became pretty obvious that a Quid Pro Quo was delivered to Congress by an Attorney General who did pretty much what he was hired to do. Congress–Our Congress–and we the people have to see the full report of the Mueller investigation. We must determine exactly what is meant by the President wasn’t exonerated and hey, I’ve decided noot no to prosecute but just make it all go away as much as possible because I believe in an imperial presidency and I did this before and got away with it. So come get it if you can.
I wasn’t exactly expecting a smoking gun from Mueller. I was, however, expecting a guy that wrote a diatribe on how the entire exercise was a witch hunt and then submitted it to the President for a spot back on the A team was going to do exactly what he was hired to do. He’s providing cover at whatever the cost for a law ignoring monster of a man.
Now, we wait for Congress and the Courts to shake it all out of Barr.
Here’s how Neil Katayal sees. it. You may recall that Katayal drafted the special counsel regulations under which Robert Mueller was appointed.
But the critical part of the letter is that it now creates a whole new mess. After laying out the scope of the investigation and noting that Mr. Mueller’s report does not offer any legal recommendations, Mr. Barr declares that it therefore “leaves it to the attorney general to decide whether the conduct described in the report constitutes a crime.” He then concludes the president did not obstruct justice when he fired the F.B.I. director, James Comey.
Such a conclusion would be momentous in any event. But to do so within 48 hours of receiving the report (which pointedly did not reach that conclusion) should be deeply concerning to every American.
The special counsel regulations were written to provide the public with confidence that justice was done. It is impossible for the public to reach that determination without knowing two things. First, what did the Mueller report conclude, and what was the evidence on obstruction of justice? And second, how could Mr. Barr have reached his conclusion so quickly?
Mr. Barr’s letter raises far more questions than it answers, both on the facts and the law.
His letter says Mr. Mueller set “out evidence on both sides of the question and leaves unresolved what the special counsel views as ‘difficult issues’ of law and fact concerning whether the president’s actions and intent could be viewed as obstruction.” Yet we don’t know what those “difficult issues” were, because Mr. Barr doesn’t say, or why Mr. Mueller, after deciding not to charge on conspiracy, let Mr. Barr make the decision on obstruction.
On the facts, Mr. Barr says that the government would need to prove that Mr. Trump acted with “corrupt intent” and there were no such actions. But how would Mr. Barr know? Did he even attempt to interview Mr. Trump about his intentions?
What kind of prosecutor would make a decision about someone’s intent without even trying to talk to him? Particularly in light of Mr. Mueller’s pointed statement that his report does not “exonerate” Mr. Trump. Mr. Mueller didn’t have to say anything like that. He did so for a reason. And that reason may well be that there is troubling evidence in the substantial record that he compiled.
William Saletan–at Salon–has a take that’s worth considering. “Bill Barr’s Weasel Words. All the ways the attorney general is spinning the Mueller report to protect Trump.”
Special counsel Robert Mueller has submitted his report on the Russia investigation, and Republicans are gloating. They claim a four-page letterfrom Attorney General William Barr, purporting to summarize the report, exonerates President Donald Trump. They’re wrong. The letter says the Justice Department won’t prosecute Trump, but it reaches that conclusion by tailoring legal standards to protect the president. Here’s a list of Barr’s weasel words and what they’re hiding.
“The Russian government.” The letter quotes a sentence from Mueller’s report. In that sentence, Mueller says his investigation didn’t prove that members of the Trump campaign “conspired or coordinated with the Russian government in its election interference activities.” The sentence specifies Russia’s government. It says nothing about coordination with other Russians. Trump’s campaign chairman, Paul Manafort, gave campaign polling data to Konstantin Kilimnik, a Russian associate who has been linked to Russian intelligence. Manafort, Donald Trump Jr., and Jared Kushner met secretly in Trump Tower with Natalia Veselnitskaya, a Kremlin-connected lawyer. But neither Kilimnik nor Veselnitskaya is part of the Russian government. They seem to be excluded from Barr’s analysis.
Read the entire list of Weasel Words. Then, remember the last time Barr basically did the same kind of thing George HW Bush and Iran Contra. Why wouldn’t he do it again especially since he was out writing about it for Trump and all to see over the past two years? Remember all those pardons?
Back then, the all-consuming, years-long scandal was called Iran-Contra. On Dec. 24, 1992, it ended when Bush pardoned six peoplewho had been caught up in it.
“The Constitution is quite clear on the powers of the president and sometimes the president has to make a very difficult call,” Bush said then. “That’s what I’ve done.”
Then-Attorney General Barr supported the president’s decision in the Iran-Contra case, which gave clemency to people who had been officials in the administration of President Ronald Reagan, including former Defense Secretary Caspar Weinberger. He had been set to go on trial to face charges about lying to Congress.
To the man who led the Iran-Contra investigation, however, the pardons represented a miscarriage of justice.
“It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences,” said Lawrence Walsh, the independent prosecutor in the case, at the time of the pardons.
Barr said later that he believed Bush had made the right decision and that he felt people in the case had been treated unfairly.
“The big ones — obviously, the Iran-Contra ones — I certainly did not oppose any of them,” Barr said as part of the Presidential Oral History Program of the Miller Center at the University of Virginia.
Well, he’s has certainly handed a reprieve-at the very least- to a very big one at the moment.
Marcy Wheelers’s conclusions at The New Republic are worth reading. This headline even sums it up nicely. “Yes, Trump Obstructed Justice. And William Barr Is Helping Him Cover It Up. The attorney general’s take on the Mueller report goes through contortions to avoid charging the president with a crime.”
It is widely believed that Barr had already categorically ruled out charging a president with obstruction. In a June 2018 memo, shared with Trump’s lawyer before his nomination, Barr argued that the theory of obstruction he believed Special Counsel Robert Mueller to be adopting would not be proper. But in that very same memo—on the very first page!—Barr conceded, “Obviously, the President … can commit obstruction in [a] classic sense of sabotaging a proceeding’s truth-finding function.” Barr envisioned that if a president “suborns perjury, or induces a witness to change testimony … then he, like anyone else, commits the crime of obstruction.”
That’s important, because we know that Trump has been involved in getting his aides to lie. His own lawyer, Jay Sekulow, reportedly edited the prepared statement Trump’s longtime personal attorney Michael Cohen gave to Congress about an effort to build a Trump Tower in Moscow. Cohen goes to prison in May, in part, for telling lies that Sekulow reviewed.
And Trump has repeatedly dangled pardons to subordinates under investigation, reportedly including former National Security Advisor Mike Flynn, former campaign chair Paul Manafort, and Cohen. Indeed, in a hearing in February, Mueller prosecutor Andrew Weissmann argued that Manafort lied about the details of sharing Trump campaign polling data with the Russian political operative Konstantin Kilimnik on August 2, 2016—knowing that the data would be passed on to others including other Russians—specifically to “augment his chances for a pardon.”
Ah Manafort, does he get his pardon now that the President and his enablers are screaming it’s an exoneration even though it really wasnt?
Well, turn the TV news on if you dare. I’m just going to grade for awhile and hope there’s a plan some where to end this nightmare.
Posted: March 7, 2019 Filed under: morning reads, U.S. Politics | Tags: Axios, Crown Prince Mohammed bin Salman, DNC, DOJ, EDVA, Fox News, Jane Mayer, Jared Kushner, John Kelly, JT Smith, Judge TS Ellis III, Margaret Sullivan, Mike Flynn, Paul Manafort, political scandals, primary debates 2019, Spiro Agnew, William Barr
By Maugham Casorati, born 1897 in London, UK died 1982 in Turin, Italy
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….
By Bego Tojo
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).
By Guillermo Marti Ceballos (Barcelona 1958)
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.
By Jerry Weiss
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.
By Dibujo de Eduardo Estrada
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.
By Henry McGrane
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.
By Mario Tozzi 1920
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?