• Lev Parnas is Not the Impeachment Witness You are Looking For…

    January 29, 2020 // 34 Comments »


     

    Lev Parnas is who we all hope is the last “Did too! Did Not!” player in the three year effort to find someway to  drive Trump from office.

     

    Parnas is a Ukrainian-born “businessman” who claims to be the missing link between Trump and evidence needed to impeach. Parnas is also under indictment for breaking campaign-finance laws by disguising donations from foreign entities to unnamed U.S. politicians, and so is singing like the girl from Frozen to be let go. The media christened him the new White Knight of democracy. Is he?
     

    Nah. Parnas is mostly an opportunist, with notes of stalker, groupie, and crazy guy who imagines Jodi Foster is in love with him from afar. He takes his place as the Hail Mary play in the blob that is impeachment now. He joins James Comey, Michael Flynn, Paul Manafort, Robert Mueller, Michael Cohen, Michael Avenatti and his aggrieved porn stars, Christopher Steele, the tattered Russian oligarchs still waiting for their checks from Christopher Steele, The Masked Whistleblower, and so many others who came before them.

    Though the media label him a Rudy Giuliani henchman, associate, thug, or fixer, and thus by extension a Trump henchman, associate, thug, or fixer, Parnas instead paid Giuliani hundreds of thousands of dollars for “business and legal advice.” He didn’t work for Guliani, Giuliani worked for him. And in the you-can’t-make-this-up category, Parnas’ company is called Fraud Guarantee.

    Parnas was supposedly paying for the privilege of being used to gather dirt on Ambassador Marie Yovanovitch, which begs the question of why. As America’s ambassador to Ukraine, Yovanovitch served at the pleasure of the president. Trump did not need a reason to fire her. He did not need dirt gathered. He could simply instruct the State Department to recall her (or any other ambassador) and that’s that. It happens all the time without the need for third party cloak-and-dagger work by a B-grade Clouseau. Yet Parnas has gone on at length about the process of firing Yovanovitch being so difficult the most powerful man in the world with the Article II-guaranteed right to fire someone needed Parnas’ help.

    Actually the only “work” Parnas wanted in return for this generous payments to Rudy was the appearance of access, grip-and-grin photos, a sleazy form of currency in the markets people like him travel through in Eastern Europe and Asia. They decorate the walls of fast talkers across the globe, like the “awards” small town real estate agents and insurance brokers favor. So via his payments to Giuliani and his generous donations, Parnas amassed photos of him and Trump. Those photos are the cornerstone of Democrats’ case against Trump, who says he really does not know Parnas. See, there are pictures, what the media insist now are to be called “receipts.”

    You want some photos with the big boys and girls? Easy. You write a modest check to a campaign. You get invited to a campaign event for a quick picture, maybe at first with a tier-two Trump kid. You write a bigger check, you get invited to another event and maybe are led past the Man himself for a quick snap. More money, better photos. Start to bundle donors, and you get invites to “private” breakfasts attended by dozens of people with a drop-by from the candidate. None of this means you “know” Trump or he knows you. You or may not exchange a word of greeting as the photos are taken in assembly-line fashion. And of course if your politics runs Democrat, these same photos are available with Biden, Bernie, Pete, or whomever. For a price. Now, show us a photo of you with Trump in matching Speedos poolside and you’ll have our attention.

    Along with most of the media and American public, sleazy businesspeople in Eastern Europe don’t seem to grasp the meaningless of these photos, and imagine a guy like Trump isn’t using Parnas as an ATM while a guy like Parnas isn’t using Trump for pretend status. Meanwhile, as con men do, Parnas was going around Ukraine telling everyone, without any evidence, he was working for Giuliani and Trump, gathering dirt on the American ambassador. But there was always a little wiggle room in the actual relationship — note the “like” when Parnas said “I became like Rudy’s assistant, his investigator.” How one works for someone one is paying is, like, unclear. Parnas, like generations of grifters before him, is free to go around claiming he is important and trying to tie himself to important people but none of that makes it true.

    In fact, perhaps having been introduced to the legal term perjury or its vernacular cousin “lying” by his defense attorney John Dowd, a former Trump lawyer he and the media made a big deal out of hiring, Parnas further qualified his relationship with Trump to say “I mean, we’re not friends. Me and him didn’t watch football games together. We didn’t eat hot dogs. But he knew exactly who we were.”

    Following his indictment and ahead of impeachment proceedings Parnas has become a one-man media event. He claimed to Federal Elvis-level investigator Rachel Maddow he knew Trump knew everything bad that was going on, though admits he never spoke substantively to Trump and his knowledge is second or third hand at best. To say he was photographed with Trump at fundraisers is miles from claiming Trump directed him in the Ukraine caper which in fact even Parnas does not claim. The media has done that for him, imaging a selfie is a receipt for impeachable offenses.

    And of course there’s more as the story oozes downhill from drama into comedy. Remember how the Russians had Trump on tape with prostitutes? And how the media headlined Michael Cohen had incriminating tapes of Trump no one ever heard? Parnas supposedly has tapes, too! Parnas also introduced a somewhat dubious legal gambit. Without evidence he accused Attorney General Bill Barr of being involved in all things Ukraine, and thus must recuse himself from Parnas’ campaign finance illegal donations case due to this “conflict of interest.” Parnas also accused Vice President Pence of “having to have known” about the Ukraine stuff. Parnas dismissed hints in a text by an alcoholic Trump supporter that Ambassador Yovanovitch was under Giuliani-ordered surveillance and/or the target of assassination. Democrats have called for an investigation anyway. And the fact that Parnas chose to reveal all on the Maddow show, as opposed to a proffer, or under oath anywhere, should not distract from his credibility.

     

    Enough. There is no evidence Parnas ever spoke substantively about Ukraine with Trump. There is no evidence supporting Parnas’ claims he in any way worked with, at the direction of, or otherwise for Trump. His statements now, only after indictment, raise significant questions about his credibility and thus demand supporting evidence. Selfies with Trump are not supporting evidence. Nothing corroborates Parnas but Parnas.

    That ends Parnas’ value as a potential witness in these impeachment hearings. But what about his enablers in the media without whom he’d be telling his tall tales to the cafeteria ladies at some Federal prison facility?

    The old adage about not being able to cheat an honest person extends to the media; a con man can only be elevated to the national stage by a dishonest media willing to ignore his lack of credibility for its own agenda. And so the same people who drove the Russiagate train for years embrace Parnas as the new smoking gun. The NYT’s own queen of that particular swamp, Maggie Haberman, admitted “One of the hallmarks of the Trump era is anybody who is oppositional to Trump gets instant credibility. We’ve seen it over and over again. Michael Avenatti, Cohen even at points, even when he was admitting he was lying to Congress at some point after he pleaded guilty to other charges.” That’s a hell of a thing for Haberman to say given how much credibility she and her paper of record have bestowed on a parade of transparent liars.

    This all started three years ago with Christopher Steele, who at least had a nicely-typed dossier and an MI6 pedigree. Trump lawyer Michael Cohen and a few of the others probably did know things even if they didn’t snitch out. But now we’re down to the media primping a guy who before he was a recognized as a savior by CNN was called by CNN a radioactive wolf who shook down Ukrainians pretending he had a connection to the White House.

    With impeachment soon to be over and the Democratic primaries starting hopefully there won’t be bandwidth left for another round of this with whoever feeds even further below Lev Parnas. The list of people who have been used by the media to try to bring Trump down is long. Most of them are now in jail, were fired or disgraced, or received Pulitzer Prizes. Time for this to end. Maggie, come get your people, they’re embarrassing themselves out here.

      

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    Posted in 2020, Democracy, Trump

    Defamation: Enter Sandmann v. CNN

    January 25, 2020 // 12 Comments »

    Once again a geopolitical event — this time, the killing of an Iranian General — was falsely blown by agenda-driven journalism into ItIsWWIIIWeAreAllGonnaDieBecauseTrump and then within a handful of days we realize no, not the case. Again.

    The facts never support the media contentions, but the facts seem to matter little. The need to drive an agenda,  Orange Man Bad, controls.

    Remember how Trump will start WWIII with China over Taiwan’s inauguration phone call, Trump will start global economic war with China trade sanctions, Trump will start WWIII by withdrawing from NATO, Trump will start a wider war in Syria bombing Russian bases, Trump will start a  war moving the U.S. Embassy to Jerusalem, Trump will start WWIII pulling out of Obama’s Iran Nuclear Agreement, Trump will start WWIII with North Korea, Trump will sell out the U.S. to get peace with North Korea because he wants a cheap Nobel, Trump will start WWIII because he is Hitler, erratic, mentally ill, impulsive, isolated, Trump will ___ to distract from Mueller, Comey, impeachment, Trump will start a war over Venezuela, Trump will start a genocide of Kurds with Turkey, Trump will start a Mideast war after Iran attacked a Saudi oil facility or shot down a drone, Trump will start a civil war inside the U.S. after Charlottesville, or to stop the midterms, or to prevent the next election, or he won’t leave if he loses, Trump is a Russian asset, Trump owes Putin billions, Trump is Putin’s cockholster, Trump is a pee tape sex pervert, Trump will start a recession, Trump will trigger a depression, Trump is rich from emoluments, Trump is almost bankrupt with hidden taxes, the stock market will crash, trade wars will end global capitalism, Trump killed all the Puerto Ricans, Trump will take away health care, Trump will imprison LGBTQXYZ people, Trump will end legal abortion, Trump has America on the brink…

    One can find dozens of articles on any of the subjects above. By my count the NYT’s Paul Krugman predicted LINK a Trump recession 17 individual times, the first even before inauguration, alongside many more instances of the clear and present dangers of tax cuts, market bubbles, tariffs, and more. MSNBC’s Rachael Maddow devoted her entire show for about two years to the walls closing in on Trump, repeating “tick tock” like some modern version of the Rain Man.

    Columnist Max Boot in The Washington Post put into writing what we have all known for some time: real journalism, Jefferson’s informed citizenry and all that, is dead. The job has shifted to agenda writing, just plain made-up stuff to drive events. Boot is at least honest that he writes to drive Trump from office and overturn the 2016 election, “Much of my journalism for the past four years has been devoted to critiquing President Trump and opposing the spread of Trumpism. But no matter how many columns or sound bites I produce, he remains in office… I am left to ask if all my work has made any difference.”

    The worst agenda journalism reads like bad anti-Trump fan fiction, worse than the basement Star Wars stuff where Leia always ends up without her golden bikini. Trump is a spy. Trump digs golden showers. Turn around his jest, and if Trump saved a man’s life in the middle of Fifth Avenue Don Lemon would explain that night why that was wrong, and an existential threat to the rest of us if not Democracy itself. If it doesn’t pass even the sniff test, well, it was designed to. When writing for a fan fiction audience one simply need to feed them the raw meat they crave (naked Leia, Orange Man Bad.) Truth, subtlety, challenging thought have no place and indeed no value. That’s kind of what you expect when the goal is basement Solo pleasures, but it is now one of the drivers of the national mainstream media in America.

     

    The giveaway that journalism is near-singularly devoted to an agenda, frightening the public in service of driving Trump somehow from office, is how the mistakes are always wrong in same direction. Meanwhile none of the people who keep track of the lies Trump tells and who are demanding “fact checks” before ads are allowed to run on social media seem to spend any time on the other side of the equation. Who would accept a track record this bad from their doctor, lawyer, their nail technician (“No, seriously, cracked nails are hot this year, it was in the NYT”)? Is there any price to be paid for agenda journalism?

    Assuming credibility, professionalism, and self-respect are apparently worth about zero, the price tag for agenda journalism looks to be about $25 million. That’s what CNN is reported to have paid settling a defamation case brought by Covington High School student Nick Sandmann charging the network “maintained a well-known and easily documented biased agenda against President Donald Trump and established a history of impugning individuals perceived to be supporters of the president.” The amount is probably half what CNN spends yearly just on botox for Anderson Cooper but as Cooper’s estheticians are prone to say, it’s a start.

    Almost a year ago to the day Sandmann and his Catholic school classmates traveled to Washington, DC to join anti-abortion protests. Sandmann was photographed grinning at a Native American DC protest regular. The media with one mighty flatulent blast knew what to do. Based solely on a YouTube clip, outlets like CNN and WaPo imagined Sandmann, wearing his MAGA cap, as the distillation of everything evil, some redneck crapper from Kentucky a hatin’ women and a protestin’ them abortions and rubbing his smug grin in the face of a noble Native American POC supposedly trying to defuse a tense situation with native drumming. The drummer was also quickly (but wrongly) glorified as a Vietnam Vet.

    Blue Check Twitter suggested Sandmann be punched in the face, and veiled suggestions of mob action led to threats, Sandmann’s family temporarily run out of their home, the kid dropped from school trips, and other disciplinary action to include coerced apologies. The second wave was pearl clutching Op-Eds about what Trump has turned us into, and look, it has spread to The Children. The media implied Sandmann deserved it because of his politics. Contrast that treatment with the beatification bestowed on #Resistance kids like Greta Thunberg, and the good victims of the Parkland shooting (the Parkland kid who supports the Second Amendment meanwhile was media-doxxed out of his Harvard scholarship.)

    Not only was all of that absolutely wrong (Sandmann was never an aggressor, and alongside his peers, said nothing in return to those taunting him, even though CNN claimed they “looked like they were going to lynch” the Black Hebrew Israelites who actually started the whole thing) it wasn’t even news. Students on a field trip, with the media appointing Sandmann their symbolic oberfuhrer, were fashioned into props to fit the characterization people who wear MAGA hats are intolerant. The media cared little for the truth when they had their entire white nationalist anti-Trump agenda as they imagine it exists packaged in one handy snapshot.

    The media counts on America to forget their propaganda fails and move on. Only this time it turned out differently. Sandmann is suing a range of journalists individually, including Maggie Haberman, Ana Navarro, and Shaun King for slurs they threw at him on Twitter, and their employers for directing their massive global platforms to beat up an innocent high school kid. Included in the swath of lawsuits by Sandmann are CNN, MSNBC’s parent company, the AP, Gannett, and the Washington Post. In the words of the suit, they “brought down the full force of [their] corporate power, influence, and wealth on Nicholas by falsely attacking, vilifying, and bullying him despite the fact that he was a minor child.”

    Representative Ilhan Omar, who tweeted the boys yelled “it’s not rape if you enjoy it” when they did not, is exempt from the suit as a public office holder. “Comedian” Bill Maher, who called Sandmann a profane name on TV, also likely enjoys a legal exemption for satire. Maher topped off his coverage of the events by making a child rape joke about Sandmann, stating “I do not get what Catholic priests see in these kids.”

     

    While the many suits are pending, this month CNN independently reached a cash settlement with Sandmann, one of those we-sorta-admit-it but legally do not admit, in the words of the lawsuit, to defaming Sandmann by accusing him of “engaging in racist conduct” without properly investigating the incident. The suits contend CNN and the others would have “known the statements to be untrue had they undertaken any reasonable efforts to verify their accuracy before publication.” In other words, CNN willfully failed to commit journalism, the finding of facts, the asking of questions in lieu of packaging what was actually nothing at all into a steamy piece to fit an existing agenda.

    With a win in Sandmann’s pocket and as his cases against the other media outlets work their way through the courts, others also appear ready to challenge agenda journalism via the defamation laws. Ten more Covington high school students are now suing various media for defamation. Elsewhere, writer Peter Brimelow is suing the NYT for labeling him an “open white nationalist.” Karen McDougal, a former Playboy model who said she had an affair with Donald Trump, filed suit against Fox a month ago claiming defamation. George Zimmerman, who killed Trayvon Martin, filed a defamation suit against HarperCollins, the Martin family lawyer’s publisher. Trump critic and Harvard prof Lawrence Lessig is suing the NYT, accusing them of publishing “false and defamatory” information about him. Melania is suing all sorts of outlets for defamation. Representative Devin Nunes sued CNN last month claiming the network defamed him with false reports he traveled to Vienna to meet with the Ukrainian prosecutor Joe Biden helped oust in 2016.

    Under current law, most of those suits will fail. Going forward, how powerful a weapon defamation lawsuits might prove to be against agenda journalism will depend on how flexible the courts choose to be. Historically they have given great leeway to anyone, journalist or not, who appears to libel (an untrue defamatory statement in writing) or slander (same, but orally) public figures. The idea is if you put yourself out there as an actor, or a politician, you’re expected to take a few slings and arrows and so the standards of proof are higher. This is what allows tabloids like the National Enquirer to get away with making up stories about popular figures as their basic trade. Defamation as a business practice was once upon a time what they did, and not what places like the media of record are now about.

    The major defenses against defamation are truth, or that the alleged defamatory statement was a statement of opinion. If CNN were to prove Nunes did go to Vienna as reported, that would end his suit. One woman who claims Trump raped her several decades ago is now suing him, claiming his Constitutionally-protected statement of innocence defamed her. Her suit demands he prove the truth of his denial to escape judgement. Opinion is exempt when it is truly some sort of opinion — Nunes is the worst Congressman ever — and not just when it is fudged along the likes of “This reporter’s opinion is Nunes traveled to Vienna.”

    The hope would be justice recognizes a new media environment has crawled out from the mud, one which drags innocent people onto the national stage unnecessarily and without context in a way which is unethical and exploitative. And that even public figures, never mind the voters who select them, deserve accurate, factual reporting.

    Yeah, one can hope. But in the case of CNN and Nick Sandmann, it appears the network would rather pay out a couple of million dollars then to roll the dice to see what a court would say. And hey, small world: Nick Sandmann’s attorney, Lin Wood, is the same person who successfully represented Richard Jewell in his defamation suit against CNN years ago, when the network falsely labeled him the Atlanta Olympic Park bomber.

    In a rare breath of self-examination, columnist David Brooks wrote “Donald Trump is impulse-driven, ignorant, narcissistic and intellectually dishonest. So you’d think that those of us in the anti-Trump camp would go out of our way to show we’re not like him — that we are judicious, informed, mature and reasonable. The anti-Trump echo chamber is becoming a mirror image of Trump himself — overwrought, uncalibrated and incapable of having an intelligent conversation about any complex policy problem.”

    That CNN has not made any noticeable changes in its stream of agenda journalism since the original incident a year ago, or since settling with Sandmann, suggests what they paid out is to them a reasonable price to continue to lie to the American public. Defamation settlements are just another business expense. The Founders assigned journalism a specific role to ensure that citizens would be able to carry out informed debates. Truth, they understood, is more than an ideal, it is a perspective. Yet over the last three years serious journalism has all but been pushed aside in a rush to do away with Trump, not by honest persuasion but by any means necessary. Fear won out, and so objectivity is now #Collusion. Seeking facts before going viral is so 2015. The media picks on kids because they can’t get Trump. We asked for an informed citizenry and we got Mean Girls.

     

     

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    Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

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    Posted in 2020, Democracy, Trump