• Towards a More Sensible Asylum Policy

    August 18, 2019 // 19 Comments »


    America’s asylum laws, meant to help the most vulnerable, have instead become a clogged backdoor for economic migrants. The Trump administration is restoring asylum to its correct role in American immigration policy. It is a long overdue, right thing to do, but almost nobody is satisfied. Here’s why.

     

    Asylum is a very old concept, dating back to the ancient Greeks. It recognizes a person persecuted by his own country can be offered residence and protection by another country. The actual conditions vary considerably across the globe (the U.S. will consider Female Genital Mutilation grounds for asylum while in many nations it is an accepted practice), but in most cases asylum is offered to people who face a well-founded fear of persecution if sent home on account of their race, religion, nationality, political opinion, or social group.

    The definition of those five protected grounds have also varied greatly based on shifts in American domestic politics. Since 1994 for example, LGBT status has been, and remains under Trump, a possible claim to asylum. Domestic violence was granted consideration as grounds under the Obama administration, only to be rolled back under Trump.

    But even as those criteria have changed with political winds, asylum has never been about simply wanting a better life. Poverty, for all its horrors, has never fallen within the protected grounds of race, religion, nationality, political opinion, or social group, though is often assumed to by progressive journalists without access to the Internet and some Democratic legislators from the Bronx.

    A theoretical “perfect” asylum case in the U.S. might be a prominent Chinese democracy advocate finally granted permission by Beijing to lecture in the U.S. As he arrives, his government announces he will be arrested upon his return to China for intellectual crimes against the state, and per the State Department, likely subjected to torture.

     

    The reality of 2019 is the asylum system has evolved into a cheater’s backdoor, a pseudo-legal path to immigration otherwise not available to economic migrants. They lack either the skills for working visas, or the ties to qualify for legal immigration under America’s family reunification system. So they walk to the border and emptily ask for asylum, taking advantage of previous administrations’ look-the-other-way “solution” to their ever-growing numbers. Affirmative asylum claims, made at ports of entry, jumped 35 percent in the last two years even as refusal rates for those cases along the southern border run into the 80th percentile.

    It works — for them. A Honduran on the border who says he came to work is sent back almost immediately. However, should he make a claim to asylum, the U.S. is obligated to adjudicate his case. Since detaining asylum seekers and their families while the processes play out over at time years is expensive and politically distasteful (kids in cages!), until recently most asylum seekers were instead released into American society to wait out their cases. They became eligible for work authorization if their cases extended past 150 days, as almost all do. The number of pending cases in early 2019 was 325,277, more than 50 times higher than in 2010.

    Eventual approval rates for all nationalities over the past decade average only 28 percent (some place the approval rate as low as 15 percent and argue it is because of unfairness in the system, rather than illegitimate claims. Others claim the approval rate, however low, is bogus, reflecting clever coaching by immigration lawyers instead of legitimate fears), and after denial the applicant could either refile as a defensive asylum claim, or simply disappear into the vast underground of illegals.

    Previous administrations’ plans to create expedited asylum processes proved ineffective as numbers endlessly just increase to fill the available opportunities. Simply making a claim to asylum has been enough to live and work in America in one status or another. Trump is changing that.

     

    The most visible change is detaining asylum seekers and their families at the border instead of releasing them into society to wait for their cases to be processed. Detention is a deterrent to economic migrants making false claims to asylum, statistically somewhere between seven to nine out of 10 persons plus their families.

    The next change was for the Trump administration to negotiate for asylum seekers to wait out their processing times not in American society or in a detention facility, but in Mexico, a program called the Migrant Protection Protocols. People at the border make their asylum claim, and are then nudged a step backward to wait for an answer in Mexico. This relieves the U.S. of the costs, monetary (the House just voted an additional $4.6 billion to be spend on beds and baths for detainees) and political.

    Mexican officials estimate about 60,000 people will be sent to Mexico by the end of August under the Migrant Protection Protocols. The policy seems to be effective in weeding out economic migrants as many, denied the chance to work off their debts in America to the human traffickers they paid for the journey north, choose to return home to Central America and abandon their previous sworn assertion such a return would imperil their lives.

    A more significant Trump change to U.S. policy is to bring it in line with the European standard (“Dublin Convention“) of country of first refuge. Most of Europe subscribes to this model, which requires asylum claims to be made in the first country that can offer refuge. The idea is a person legitimately fleeing a repressive government would want safety as soon as possible. If the person is really just an economic migrant, this will stop him from “forum shopping” to see if the economic benefits are better in Italy or Austria. Or Mexico versus the United States.

    In the American context, if someone is fleeing gang vengeance in Honduras, Mexico would become his refuge even though his cousin needs help in the restaurant in Chicago. The U.S. will thus not consider asylum seekers who pass through another country before reaching the United States (the order is being challenged in the courts.)

    To put the plan into practice, U.S. reached a deal with Guatemala for that nation to take in more asylum seekers from other Central American nations. The U.S. is expected to sign similar agreements with El Salvador and Honduras. The U.S. has had an identical but little-noticed arrangement in place with Canada for many years, allowing the U.S. to not consider asylum applications from persons who did not apply first while in Canada. Despite the media hysteria about cruelty, the idea is nothing new.

    The impact of these changes will be significant. Though Mexico does not yet have a formal safe third country agreement with the U.S., its Commission for Aid to Migrants projects 80,000 asylum requests this year, up from only 2,137 five years ago. Mexico and other Central American nations are expected to also become a place of first refuge for the many Haitians, Cubans, and Africans who previously just passed through their territory en route to America.

    This illustrates an ancillary benefit to moving some of the costs of housing migrants to Mexico, and asking for more asylum processing by Guatemala and other nations: it gives them a reason to police their own borders. Until recently, there was no incentive for these countries to stop migrants headed north, and indeed much incentive to pass on the problems by opening their own borders to northbound traffic. This same thinking allowed human traffickers and drug dealers to operate with near impunity.

    Following all this, the newest change concerns derivative claims to asylum. Spouses and minor children of those approved for asylum continue to be granted asylum alongside the principal. AG Barr, however, recently overturned a decision by the Board of Immigration Appeals saying a Mexican adult man could apply for asylum on the basis of his father being targeted by a cartel. Previous administrations held such an adult, while obviously not a dependent minor, would still automatically “inherit” asylum as the member of a particular social group, his extended family. Barr says now the adult can still apply today for asylum, but has now to prove his case independent of his father.

    Barr’s decision is in line with former Attorney General Jeff Sessions, who ruled victims of domestic violence would no longer be considered members of a particular social group, i.e., all abused women of say Honduras, and were thus not eligible for asylum based simply on a claim to have been such as victim. Sessions determined each woman would need to prove a specific case of persecution and not simply assert she was a victim of a crime sadly endemic to many Central American societies.
    Americans broadly favor immigration in general. But the gap between orderly immigration and unfettered immigration based on how many people can slip through physical holes in the border and loopholes in the law has grown too wide, to the point where a quarter of the 45 million foreign-born people currently in the U.S. arrived here illegally. Some 60 percent of likely voters support efforts to “prevent migrants from making fraudulent asylum claims and being released into the country.” As Europe has acknowledged and America is learning, modern immigration comes with considerable social and political costs, and those will be accounted for by society one way (good and thought out) or another (violent and chaotic.)

    As David Frum melodramatically wrote to encourage his fellow progressives to abandon garbage “policy” like abolishing ICE and throwing open the borders, “if liberals won’t enforce borders, fascists will.” Rewriting that a bit, if Congress will not reform immigration policy in line with a broad national consensus, then whoever is in the White House will, albeit in a piecemeal fashion. The result is Obama’s DACA reforms didn’t outlast his administration, and if a Democrat wins in 2020 Trump’s changes to asylum processing will be rolled back. Nothing gets permanently resolved that way, and it needs to be.

     

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    Write ‘Yer Own Trump Article: The OpEd-o-Matic

    May 18, 2019 // 9 Comments »


     

    With all the talk of how many jobs have been created during the Trump administration, little attention is paid to one vibrant industry his time in the White House spawned: writing apocalyptic Op-Ed pieces.
     

    You know the ones, articles predicting whatever the news of the day is will be The End of Democracy. Alongside the New York Times and Washington Post, whose Op-Ed pages are pretty much daily End of Days each day, practitioners include chicken little regulars Maddow, Lawrence Tribe, Malcolm Nance, David Corn, Benjamin Wittes, Charles Pierce, Bob Cesca, and Marcy Wheeler.

    You’d have thought after almost three years of wrong predictions (no new wars, no economic collapse, no Russiagate) this industry would have slam shut faster than a Rust Belt union hall. You would have especially thought these kinds of articles would have tapered off with the release of the Mueller Report, but it ended up while Mueller wrote no conspiracy and charged no obstruction, the dang report turns out to be chock-a-block with hidden messages, secret road maps, and voices speaking in tongues (albeit only to Democrats) about obstruction.

    We’ve gone from thinking the president is literally a Russian agent (since 1987, the last year your mom and dad dated!) to worrying the attorney general is trying to obstruct a House committee from investigating a completed investigation into obstruction by writing a summary not everyone liked of a report already released. But the actual content is irrelevant. What matters is there is another crisis to write about! The Op-Ed industry can’t keep up with all the Republic-ending stuff Trump and his henchworld are up to.
     
    Help has arrived. Now anyone can write their own fear mongering article, using this handy tool, the OpEd-o-Matic. The GoFundMe for the AI-driven app version will be up soon, but for now, simply follow these simple steps to punditry!
     
    Start with a terrifying cliche. Here are some to choose from: There is a clear and present danger; Dark clouds gather, the center cannot hold; It is unclear the Republic will survive; Democracy itself is under attack; We face a profound/unique/existential threat/crisis/turning point/test. Also, that “First they came for…” poem is good. Be creative; WaPo calls the present state of things “constitutional nihilism.” Snappy!

    Be philosophical and slightly weary in tone, such as “I am in despair as I have never been before about the future of our experiment in self-rule.” Say you’re sad for the state of the nation. Claim time is short, but there just may be a chance to stop this. Add “…by any means necessary.”

    Then choose a follow-on quote to reinforce the danger, maybe from: The Federalist Papers, especially Madison on tyranny; Lincoln, pretty much anything about “the people, government, test for our great nation, blah blah;” the Jack Nicholson character about not being able to handle the truth; something from the neocons like Bill Kristol or Max Boot who now hate Trump. Start with “even” as in “even arch conservative Jennifer Rubin now says…”
     
    After all that to get the blood up, explain the current bad thing Trump did. Label it “a high crime or misdemeanor if there ever was one.” Use some legally-like words, such as proffer, colorable argument, inter alia, sinecure, duly-authorized, perjurious, and that little law book squiggly thingy (18 USC § 1513.) Be sure to say “no one is above the law,” then a dramatic hyphen, then “even the president.” Law school is overrated; you and Google know as much as anyone about emoluments, perjury, campaign finance regulations, contempt, tax law, subpoenas, obstruction, or whatever the day’s thing is, and it changes a lot. But whatever, the bastard is obviously guilty. Your standard is tabloid-level, so just make it too good to be true.

    Next, find an old Trump tweet where he criticized someone for doing just what he is doing. That never gets old! Reference burning the Reichstag. If the crisis you’re writing about deals with immigration or white supremacy (meh, basically the same thing, amiright?), refer to Kristallnacht.

    Include every bad thing Trump ever did as examples of why whatever you’re talking about must be true. Swing for the fence with lines like “seeks to destroy decades of LGBTQIXYZ progress” or “built concentration camps to murder children.” Cite Trump accepting Putin’s word over the findings of “our” intelligence community, his “very fine people” support for Nazi cosplayers, the magic list of 10,000 lies, how Trump has blood on his hands for endangering the press as the enemy of the people, and how Trump caused the hurricane in Puerto Rico.

    And Nixon. Always bring up Nixon. The context or details don’t matter. In case Wikipedia is down, he was one of the presidents before Trump your grandpa liked for awhile and then didn’t like after Robert Redford showed he was a clear and present danger to Saturday Night Live, or the Saturday Night Massacre, it doesn’t matter, we all agree Nixon. Jeez, Nixon.
     
    Focus on the villain, who must be unhinged, off the rails, over the edge, diseased, out of control, a danger to himself and others, straight-up diagnosed remotely mentally ill, or under Trump/Putin’s spell. Barr is currently the Vader-du-jour. The New York Times characterized him as “The transformation of William Barr from respected establishment lawyer to evil genius outplaying and undermining his old friend Robert Mueller is a Grand Guignol spectacle.” James Comey went as far as describing Trump people as having had their souls eaten by the president. That’s not hyperbole, it’s journalism!

    But also hold out for a hero, the Neo one inside Trumpworld who will rise, flip, or leak to save us. Forget past nominees like the pee tape, Comey, Clapper, Flynn, Page, Papadopoulos, Manafort, Cohen, Mattis, Kelly, Barr, Linda Sarsour (replace with Ilhan Omar,) Avenatti, and Omarosa to focus on McGahn. He’s gonna be the one!

    Then call for everyone else bad to resign, be impeached, go to jail, have their old statues torn down, delete their accounts, be referred to the SDNY, be smited by the 25th Amendment, or have their last election delegitimized by the Night King. Draw your rationale from either the most obscure corner of the Founders’ work (“the rough draft, subsection IIXX of the Articles of Confederation addendum, Spanish language edition, makes clear Trump is unfit for office”) or go broad as in “his oath requires him to uphold the Constitution, which he clearly is not doing.” Like Pelosi, mention how Trump seems unlikely to voluntarily cede power if he loses in 2020.
     
    Cultural references are important. Out of fashion: Godfather memes especially about who is gonna be Fredo, ‘bots, weaponize, Pussy Hats, the Parkland Kids, Putin homophobe themes, incest “jokes” about Ivanka, the phrases the walls are closing in, tick tock, take to the streets, adult in the room, just wait for Mueller Time, and let that sink in. Period. Full Stop.

    Things you can still use: abyss, grifter, crime family, not who we are, follow the money. Also you may make breaking news out of Twitter typos. Stylistically anyone with a Russian-sounding name must be either an oligarch, friend of Putin, or have ties to the Kremlin. Same for anyone who has done business with Trump or used the ATM in the Deutsche Bank lobby in New York. Mention AOC somewhere because every article has to mention AOC somewhere now.

    Finally, your OpEd should end either with this House Judiciary Committee chair Jerry Nadler faux Kennedy-esque quote “The choice is simple: We can stand up to this president in defense of the country and the Constitution and the liberty we love, or we can let the moment pass us by. History will judge us for how we face this challenge” or, if you want to go old school, this one from Hillary saying “I really believe that we are in a crisis, a constitutional crisis. We are in a crisis of confidence and a crisis over the rule of law and the institutions that have weathered a lot of problems over so many years. And it is something that, regardless of where you stand in the political spectrum, should give real heartburn to everybody. Because this is a test for our country.”

    Crisis. Test. Judgment of history. Readers love that stuff, because it equates Trump’s dumb tweets with Lincoln pulling the Union together after a literal civil war that killed millions of Americans in brother-to-brother conflict. As long as the rubes believe the world is coming to an end, you might as well make a buck writing about it.
      

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    The Mueller Report, Anti-Climatic Climax Edition

    May 1, 2019 // 7 Comments »


     

    With the release of the redacted report, #MuellerTime should be over. There was no collusion with Russia. No one is going to indict anyone for obstruction or anything else. Believing there are still more questions than answers at this point means one refuses to accept the answers. Trump is going to serve his full term and voters will decide if he gets another.

    Mueller ended conclusively the three year Russiagate tantrum, and choose not to pursue obstruction via indictment or a direct referral to Congress for action. He could have, but he did not. That should be it.

    But it won’t be. Mueller’s inclusion of dissenting information on obstruction, information that portrays unbecoming conduct by the president which does not rise to the level of evidence of any indictable crime, allows Democrats to decide where to take this next. Mueller has not tossed the ball to a Democratic Congress to play out its Constitutional check and balance role so much as he handed dirt to Democratic politicians to use as they see fit. It’s an odd end for the righteous Robert Mueller, twisting the tools of justice and the state to slander.

    Everything that happened over the last two years was because Democrats, the media, and the FBI falsely conflated Russia’s actions with Trump’s, and then imagined Trump committed serial acts of obstruction to cover up something he never did.

    The Report was issued in two “volumes” of roughly equal length. Volume I focuses on Russian interference in the election. Volume II focuses on obstruction of justice.

     
    Russiagate

    Volume I concludes two important but mutually exclusive things are true: 1) the Russian government, under Obama’s watch, tried to influence the election via social media and by obtaining the Democratic National Committee emails and 2) no American, including members of the Trump team, colluded, cooperated, or coordinated with that effort. The Report (Vol I, p 2) is clear the Trump campaign reacting to or even anticipating released materials was not criminal. Any crime would have required coordinated interaction, not merely two parties, in Mueller’s words, Vol I, p 2 “informed by or responsive to the other’s actions or interests.”

    Though the report does not mention it, an analogy might involve the Clinton campaign and the infamous Access Hollywood tape. The campaign may have heard the tape was going to leak, and certainly exploited its release, but that does not create “collusion” (used here as shorthand, not as a legal term, which of course it is not) between Clinton and the leaker.

    The Report also means there is no credibility left to the Steele Dossier or almost all of the reporting on Russiagate. None of the subplots matter outside the Washington-Twitter-New York corridor because they didn’t happen or they did not constitute a crime. Not the Trump Tower meeting, the Moscow Hotel Project, the polling data, the Alfa Bank server, the changed Republican platform on Ukraine, Jeff Sessions meeting Ambassador Kislyak, the meeting in the Seychelles, Dmitry Klokov (not) Putin’s go-between, Cohen (not) in Prague, Manafort (not) meeting Assange, Trump (not) ordering Cohen to lie to Congress. The contacts between Russia and Trump associates were exaggerated, falsely reported or proved to be of no consequence.

    All that should be in the headlines but isn’t, because of a new focus on obstruction of justice.

     
    Obstruction of Justice

    Volume I of the Report deals with actions taken independently by the Russians that had no coordinated connection to Trump’s own actions or decisions. The second half of the Report deals with obstruction of justice, events that happened because there was an investigation into collusion which itself never happened. Obstruction, like a perjury trap, is a process crime, which only exists because an investigation exists. As with most of Mueller’s perjury convictions in this saga, there was no underlying crime.

    And as with collusion, we already know the ending on obstruction. Mueller did not indict because the evidence did not support it. Attorney General Barr, and his deputy Rod Rosenstein, by law the actual intended recipients of the Report, agreed with Mueller. Some of Trump’s actions were lawful or, while troublesome or even immoral, were not criminal. Most significantly, Mueller could not indict on obstruction because it was not possible to determine Trump showed the legally required corrupt intent. All of that precedes any consideration given to DOJ/OLC advice a sitting president cannot be indicted.

    If Mueller had a obstruction case he could have made he would have made it. Mueller could have specifically recommended indictment and made explicit the complex legal issues around presidential obstruction meant a decision was beyond his and the Attorney General’s Constitutional roles and must be addressed by Congress via impeachment or through the Supreme Court. He could have indicted any number of people in Trump’s inner circle, with a sealed indictment against post-White House Trump. He could have said DOJ will not charge a sitting president so I couldn’t indict because of that alone, therefore I explicitly created this road map for impeachment to guide the next step.

    None of that happened. Mueller had no reason to speak in riddles, show restraint, send signals, embed hidden messages or hint at things. Mueller could have swung in any number of ways but instead found reason to leave the bat on his shoulder. Volume II should have ended there.

     
    Dissent

    But it seems obvious from reading the Report stories some of Mueller’s team saw evidence of obstruction which they found “alarming and significant” were true. Barr did a great disservice in omitting at least mention of this from his summary, as it forms the bulk of Volume II and will fuel nearly everything that happens next.

    Despite no indictment, the Report outlines ten instances containing elements of obstructed justice by Trump, with a big suggestion (Vol II, p 8) someone may want to look again. Apparently not everyone on Mueller’s team agreed with the boss’ conclusion the evidence was insufficient, and Mueller chose to allow what is essentially dissent Talmudically contradicting his major Volume II conclusion to be baked into his own work.

    Mueller was tasked with making an unambiguous decision to prosecute or not. He made it, and then included pages of reasons suggesting he might be wrong even as he also found space to say the dissent might also be missing the key element of intent. There is no explanation (save perhaps politics) for this confusing, ambiguous, and jumbled departure from traditional prosecutorial judgment. The final line (Vol II, p 182) reads like a Twilight Zone script: “while this report does not conclude that the President committed a crime, it also does not exonerate him.” Are there prosecutors somewhere in America who do issue specific statements of exoneration when they drop a case?

     
    Firing Comey

    One focus of the dissent is on Trump firing FBI Director James Comey. For this is be obstruction, Trump would have to have fired Comey with the corrupt intent to impede the investigation. The Mueller Report is clear that was not what happened. Despite the public messaging the firing was related to Comey’s mishandling of the Clinton email case, the Report shows Trump was angry at Comey for stating to him privately he was not under investigation but refusing to say that publicly, as Comey had done (once) for Hillary. Vol II, p 75 “Substantial evidence indicates that the catalyst for the president’s decision to fire Comey was Comey’s unwillingness to publicly state that the president was not personally under investigation.” That’s not obstruction of justice, it’s presidential rage.

    Yet elsewhere the Report says something more… leading to set up the argument for obstruction post-Comey. Vol II, p 7: “Some of [Trump’s] actions, such as firing the FBI director, involved facially lawful acts” but then adds “At the same time, the President’s position as the head of the Executive Branch provided him with unique and powerful means of influencing official proceedings, subordinate officers, and potential witnesses — all of which is relevant to a potential obstruction-of-justice analysis.” It was even clearer elsewhere. Vol II, p 157: “[we] found multiple acts by the President that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations.”

    Mueller’s team concluded Trump lawfully fired Comey, did not break the law in doing so because the intent was not to obstruct, but it was still dirty play, “undue influence,” not a crime but still something that Vol 2, p 2 “presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred.”

     
    Trump Post-Comey

    That serves as the introduction to the second argument for obstruction, Trump’s actions post-Comey. Ironically, while Trump was not under investigation when he fired Comey for refusing to say that publicly, Trump was placed under investigation by the FBI (for obstruction) after he fired Comey.

    The Report suggests Trump’s post-Comey actions (broken down into ten episodes) would have constituted obstruction if seen as a pattern of behavior, not as the discrete acts the law focuses on, and if they had included the critical element of corrupt intent. Those “if” words are doing all the work because there was no corrupt intent. Mueller said so.

    So if Trump could not take his obstructive actions to cover up his crimes with Russia because they did not exist to be covered up, i.e., corrupt intent, why did he act in ways that appear designed to disrupt the investigation? Mueller answers the question. Vol 2, p 61 “Evidence indicates that the President was angered by both the existence of the Russia investigation and the public reporting that he was under investigation, which he knew was not true based on Comey’s representations. The President complained to advisers that if people thought Russia helped him with the election, it would detract from what he had accomplished. Other evidence indicates that the President was concerned about the impact of the Russia investigation on his ability to govern. The President complained that the perception that he was under investigation was hurting his ability to conduct foreign relations, particularly with Russia.”

    If you will believe Mueller, Trump was concerned about his ability to govern, about as far from corrupt intent as you can get. At the pre-release press conference, Barr agreed with Mueller’s assessment. Trump knew, and Mueller came to know, that he did not collude with the Russians. To show corrupt intent, Mueller would have had to prove Trump was trying to stymie the process which would clear him. And yes there can be obstruction without an underlying crime but that requires even clearer evidence of corrupt intent, which on its face is counterproductive.

     
    Endgame

    Prosecutors don’t issue road maps for others. They make a binary decision, to charge or drop a case. Not charging is a conclusion and the only one that matters in the end. The Report is not a pretty picture of power being exercised. But Trump did not commit a chargeable crime, and in between some muddled dissent text, Mueller the prosecutor said so by not indicting him.

    Politicians, however, are bound by a different code. They can conduct investigations, hold hearings, and file articles of impeachment whose only purpose is to drag Trump through the Benghazi-like muck. They desperately seek but will never achieve a climax to this desperately anti-climatic Report. The Democrats know they have no chance of impeaching Trump. The question is, by playing at trying, do they think they have a better chance of defeating him in 2020?

     

    BONUS REDACTION-O-RAMA

    For more complete lists of Russiagate stories which were once headlines but are now debunked by the Mueller Report see here and here.

     

    No matter how much guessing about what’s under those black redcation bars may emerge, this will never be the horcrux that defeats the unacceptable 2016 election. Trump is going to serve his full term (for good measure there won’t be any Emoluments Clause prosecution or invocation of the 25th Amendment, either) and the voters under the same Electoral College system that’s been in place for over 200 years will decide if he gets another four years.
     

    At his news conference before releasing the Report, Attorney General Barr said any campaign interaction with WikiLeaks could not amount to a criminal conspiracy because WikiLeaks’ publication of the emails was not a crime so long as it did not help Russia hack them. That is the same standard the United States applied to the New York Times, et al, and Wikileaks for nearly a decade. It is the standard being used publicly against Julian Assange; his indictment focuses on his helping hack classified materials, not publishing them. Anything else impinges the First Amendment.
     

    The redacted information covers a standard four categories generally kept from the public: grand jury details, classified information, material related to ongoing investigations, and passages that could defame third-party figures (i.e., those investigated and cleared) caught up in Mueller’s probe. Demanding those things be made public is a strawman argument by Dems. A judge has already denied a preliminary injunction requiring the Justice Department to release the report. The Justice Department will make a less redacted version of the report, with more information on the pending Roger Stone case, available to a limited number of Congresspeople. Democrats have refused to look at it, demanding the full, unredacted report or nothing.
     
    Transparency in government is always a good thing. But in this instance, Dems motives in demanding the unredacted report are making two statements, neither supported by facts, just rage: Barr has been partisan and unprofessional in making these standard redactions, a coverup, to protect the president, and Mueller has missed something important hidden in the redactions the Dems will catch. In reality, the purpose of seeing the unredacted report, and the underlying data, and the… (there will never be enough) is to provide fodder for leaks Democrats hope will score political points or serve as good-enough excuses to keep the investigations going until the election. Classification and proprietary have the value of a paper bag in the rain to them. Trump, they believe to their core, had to have said or done something at least embarrassing and the Dems wants to see that in the Washington Post. The same thinking, by the way, applies to efforts seeking Trump’s taxes.
     

    And as for the gunman-on-the-grassy-knoll theory that the real evidence is hidden in the redactions, no matter how light they are, much of the obstruction investigation did not involve grand jury testimony. White House officials cooperated with Mueller specifically to avoid grand jury appearances. That means that information from key officials, including former White House counsel Don McGahn, former White House strategist Steve Bannon, and former Trump chief of staff Reince Priebus, could be included in the report. The White House did not invoke executive privilege to block the release of any of that information. Asked by Senator Jeanne Shaheen at a hearing last week if he would redact information to protect the interests of Trump, Barr said he would not. As for those such redactions, “I’m talking about people in private life, not public officeholders.” Lastly, Mueller and his team assisted with the redactions and could have pushed back at any point, including leaks. They have not done so.
      

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    Rachel Maddow is Russiagate’s Poster Child

    April 8, 2019 // 13 Comments »

    “We start tonight’s show with an urgent warning: the nation is in danger, things are moving fast. Following some of the worst journalism since the McCarthy era during the run-up to the Iraq War in 2003, we said we would not do it again. We not only did it again with Russiagate, but did it worse. I’m Rachel Maddow, and I’m responsible for much of it.”

     

    Though she doesn’t often bring it up these days, Rachael remembers the media abetted the Bush administration’s lies justifying the 2003 Iraq invasion. They spent months serving as stenographers for the push to war, reporting every carefully-timed leak without question. They pushed skeptics aside as disloyal, and spiked stories which would have raised questions about the narrative. When they got caught they pleaded never again.

    Yet with Rachel Maddow as their poster child (nominations were also considered for the entire staff at CNN, David Corn, Luke Harding, Chris Hayes, Ken Dilanian, and hundreds more) journalists over the last two years did everything wrong their predecessors did in 2003.

    They treated gossip as fact because it came from a “source” and said to trust them. They blurred the lines among first-hand knowledge, second/third-hand hearsay, and “people familiar with the matter” to build breaking news out of manure. They marginalized skeptics as “useful idiots” (Glenn Greenwald, who called bull on Russiagate from the beginning, says MSNBC banned him after he criticized Rachel Maddow. He’d been a regular during the Bush and Obama years.)

    They accepted negative information at face value and discarded information which did not fit their preconceived narrative of collusion (WaPo never ran a story about how its reporters came up dead empty after working for months to prove Michael Cohen met with Russian agents in Prague.) They went all-in with salacious headlines, every story a sugar high. They purposefully muddled the impact of an indictment versus an actual conviction, or even a prosecution. They conflated anyone from Russia with the Russian government. They never paused to ask why there weren’t “Sources: Trump is Innocent” stories that later needed to be walked back; the errors were all on one side of the story.

    They used each other as sources, creating info loops originating from nothing. A NYT article based on “persons with knowledge” appeared on some other outlet as “the NYT confirms…” Nothing became facts became evidence in their minds — Maddow turned a Politico report of a legal meeting with the Russian ambassador in “evidence of a quid pro quo” with Trump.

    Maddow was also not afraid to employ some Russiagate-related good old fashioned fear mongering. In response to fake reports of Russians hacking into the power grid, she said “And it is like -50 degrees in that Dakotas right now. What would happen if Russia killed the power in Fargo today? Alright. What would happen if all the natural gas lines that service Sioux Falls just poofed on the coldest in recent memory and it wasn’t in our power whether or not to turn them back on? What would you do if you lost heat indefinitely as the act of a foreign power on the same that the temperature matched the temperature in Antarctica? What would you and your family do?”

    Like followers of Insane Clown Posse, Maddow did also love her some pee tape. Despite no one on earth having actually seen the video, she knew how important it was, announcing to her viewers ““How Vladimir Putin stopped being just a KGB guy and got political power in the first place was by producing, at just the right time and in just the right way, just the right sex tape to use for political purposes.” She called Trump’s presidency “effectively, a Russian op.” If you need a refresher, here’s a neat video compilation.

    They became a machine as trustworthy as the politicians they relied on. In one critic’s words “In purely journalistic terms, this is an epic disaster.”

     

    Though the death toll across the Middle East the media helped midwife is beyond sin, the damage to journalism itself is far worse this time around with Russiagate. With Maddow in the lead, they went a step further than just shoddy reporting, instead proudly declaring their partisanship (once the cardinal sin of journalism) and placing themselves at the center of the story.

    So there was Maddow, night after night in front of her serial killer’s burlap board, Trump and Putin surrounded by blurry images of Carter Page and George Papadopoulos, running twine between pins so her viewers could keep up with her racing intellect. Anyone with a Russiany surname “had ties to Putin,” “connections to Russian intelligence,” or was at least an oligarch. She nurtured an unashamed crush on Deep State clowns the Rachel Maddow of a few years back would have smirked at — Brennan, Clapper, Comey — to feed her fake facts.

    She ignored or downplayed other news (Maddow devoted over 50% of her airtime to Russiagate alone. The Muslim visa ban got less than 6%.) She worked to convince Americans the cornerstone of justice was not “innocent until proven guilty” but “if there’s smoke there’s fire.” She lead journalists in knowingly publishing material whose veracity they doubted, centering on the Steele dossier. There’s gobs from every corner of the media. But it was Maddow who pressed the most extreme version of the Russiagate narrative.

    Maddow became Infowars. She moved beyond the simpleton advocacy journalism of Bush-lie peddling journo tools. Maddow was going to save the country. She sought to create a story out of whole cloth that matched her own political beliefs and then convince people it was true. And it was all justified because the fate of the Republic itself hung in the balance; any day Trump might peel off a rubber mask Scooby-do style to reveal he was Putin all along.

    Carrying the burden of being democracy’s Messiah was not Maddow’s alone. The Washington Post proclaimed “democracy dies in the darkness” and appointed itself the light. Marcy Wheeler, a once flawless analyst on national security, actually outed one of her sources to the FBI to blow the collusion story wide open, claiming along the way her life was in danger.

     

    The story was Trump could never have beaten Hillary fairly. Some Russians hacked the DNC and bought Facebook ads, and that must have been what caused her to lose. Ergo, Trump was working with the Russians! Starting from a conclusion allows all sorts of stupid leaps of illogic, and Maddow did not miss any of them. Trump wanted to build a hotel in Moscow so that had to involve Putin so Putin the chessmaster used the deal to manipulate Trump. Unless it was the pee tape, the kompromat (remember how many faux-Russian spy words Maddow employed?) And there was even a dossier (not a report) and super-cool spy code names like Crossfire Hurricane. Indictments and accusations were conflated with convictions, and every action, from firing Comey to some typo on Twitter could be repurposed into proof. She could trace it all back, like the singularity of the Big Bang (though the champion of that line of unreasoning is Jonathan Chait, who explained how Trump was recruited by the Russkies who were then still the Soviet Union in the 1980s.)

    Along the way pure fiction filled in the empty afternoons. Maddow briefed us the Russians had not just stolen the election, but our very government. “We are also starting to see what may be signs of continuing influence in our country,” she warned over something that no longer matters because it wasn’t true. “Basically signs of what could be a continuing operation.” How many times was our day interrupted by breaking news Mueller was going to be fired and we needed to take to the streets? How many reports speculated Trump would never leave the Oval Office voluntarily, that he would invoke a national emergency, use troops to retain power? The media gave unusual credence to what in any other era would have been termed nut jobs, people like psychiatrist Bandy Lee, who claims Trump is literally insane and a danger to himself and others? They fanned the flames of liberal fantasies such as using the 25th Amendment or the Emoluments Clause or Hamiltonian Magic Fairy Powder, anything, to end a presidency they did not want to happen. Maddow was there for every twist and turn; watching her show, one came away with the certainty everything in the past two years was a piece of the larger puzzle, and only she was able to see it all (Maddow said the same thing about Trump’s taxes; what the IRS has missed over the last four decades, she alone will parse out given the chance.)

     

    Held aloft over the years by the enchanted spell of “just wait for Mueller Time,” one day it all fell apart. The Mueller report summary was short, but answered the most important question ever asked about a president: Trump was not a Russian asset. There was no Russiagate. No conspiracy, collusion, cooperation, or indictments for any of that and none to come and none we don’t know about sitting around sealed, no treason or perjury charges over the Moscow hotel or the Trump Tower meeting or anything else. Those accusations were explicit. They. Did. Not Happen.

    The great progressive hope — America was run by a Russian stooge — was over and done. Maddow’s response? Break another cardinal rule of journalism, and bury the lede. OK, sure Barr says Mueller says no collusion if you wanna believe that, but what matters now is after Robert Mueller did not find evidence of obstruction he could charge, and the FBI before him did not find any, and after Bill Barr confirmed he did not find it, Maddow knows obstruction took place. And if only she can see the full Mueller report, she will explain it all to you (Maddow is promoting a “day of action” for Americans to take to the streets and demand the report.) It wasn’t the Russians; it was old man Barr in the drawing room with the candlestick after all!

    Maddow says the same thing about Trump’s taxes; what the IRS missed over the last four decades, she will parse out given the chance (even though she was mocked for a nothing reveal on Trump taxes in 2017). Like a compulsive gambler, she’s sure the next bet will pay off. Just you wait.

    In the interim while ticks tock Maddow hacks up little blobs of political phlegm — after waiting two years for Mueller, two weeks for Barr to release the report is unconscionable. But two days for Barr to write the summary was too fast, proof the fix was in. Trump threatens the rule of law, but when the system works according to the law and the Attorney General makes a decision, it’s all an insidejobcoverupcrisis.

     

    A big focus this week for Maddow was a foreign government-owned company resisting an old Mueller subpoena. The case is in front of a grand jury, so the public does not know what company it is, what government is involved, what the case itself concerns, or whether it has any connection to Trump, Russia, or the Spiders from Mars. But watching Maddow spin it all out it seems VERY BIG.

    Over the course of a recent evening she tied what she dubbed The Mystery Case into Watergate (the case being heard in the same court used in 1974 was about the only connection) and because the Watergate judge released some grand jury testimony to help drive Nixon from office this bodes ill for Trump keeping the dirt Rachael just knows is there secret. It could break this wide open!

    The whole thing was delivered Howard Beale-like in what seemed like one long breath, with the certainty of someone who sees ghosts and is frustrated you can’t see them too. It got so bad recently Maddow was being corrected by her own producers in real-time.

    More after this commercial break. And don’t go away, there’s too much at stake.

     

    It took the New York Times over a year after the Iraq war started to issue itself a mild “mistakes were made” kind of rebuke. At some point with Russiagate most people will come to understand there aren’t more questions than answers. They’ll abandon the straw man of waiting for prosecutors to issue a magic Certificate of Exoneration because they understand prosecutors end things by deciding not to prosecute.

    But it’s hard to see Maddow coming back into planet earth orbit. Instead of a reflective pause, she is spinning ever-more complex and nonsensical conspiracy tales, talking faster and faster to cover the gaps in logic. It is sad, but there are psychiatric terms for people who refuse to accept facts, and insist they alone understand a world you can’t even see. Delusional. Denial. Psychotic. Obsessive. Paranoid.

    Maddow is a sad story. Others playing the game never had her intellect, and just fed the rubes for clicks (looking at you, Don Lemon and Chris Cuomo.) They were weekend Vichy, showbiz grifters. But Maddow believed. Rachel Maddow’s goal was to end the Trump presidency on her own. And to do so she devolved from what Glenn Greenwald called “this really smart, independent thinker into this utterly scripted, intellectually dishonest, partisan hack.”

    There’s a difference between being wrong once in a while (and issuing corrections) and being wrong for two years on both the core point as well as the evidence. There is even more wrong with purposely manipulating information to drive a specific narrative, believing the end of personally saving democracy justifies the means.

    In journalism school, the first is called making a mistake. The second, Maddow’s offense, is called making propaganda.

     

     

     

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    Trying to Understand the Democratic/Media Argument…

    March 25, 2019 // 3 Comments »

    I’m trying to understand the Democratic/Media argument:

    — There was no Russiagate, treason, conspiracy, etc, like we said for two years. I guess Putin doesn’t control us. Meh. Movin’ on!

    — We’re gonna nail Trump on obstruction into an investigation into something that wasn’t a crime, an investigation that concluded without fetters, and which proved he was telling the truth about no collusion all along. Yes, he tried to obstruct the investigation he knew would clear him!

    — We’ll forget Mueller could have recommended obstruction charges but did not. If Mueller found the evidence insufficient, he could have continued looking as long as he liked but instead voluntarily shut the investigation down.

    — We’ll forget Mueller, even if he could not charge the president, could have charged others around him with obstruction, perjury, conspiracy, etc. but did not, because the evidence did not exist.

    — We’ll ignore that in real life jurisprudence when the prosecution says the evidence isn’t there and declines to pursue the case, the defendant goes home a free man and the show is over. Courts do not issue some magic certificate of exoneration.

    — We’ll forget in the summer of 2016 we all said about Hillary that when the FBI did not indict her over her emails that meant officially she did nothing wrong and not speak again of hypocrisy.

    — We’ll ignore that AG Barr actually did little more than CONFIRM Mueller’s conclusion not to charge, indict, or continue. The two men agreed, coming to the same conclusion.

    — We who love the Rule of Law will ignore that it is indeed Barr’s Constitutional role to do this, and instead without evidence accuse him of favoritism because we lost this.

     
     

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