Law

A Very Interesting Question

#PutiTrump | #WhatTheyVotedFor

A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)

Yes, that Jack Goldsmith, for Lawfare:

One puzzle that deepens with Mike Schmidt’s New York Times story on “Trump’s Struggle to Keep [a] Grip on [the] Russia Investigation” is why Deputy Attorney General Rod Rosenstein has not recused himself from overseeing the Mueller investigation.

In short, before the Schmidt story, we knew that Rosenstein was intimately involved in the president’s decision to fire Comey. Rosenstein’s memo was used as a pretext to fire Comey;Rod Rosenstein is shown during his confirmation hearing to become deputy attorney general on 7 March 2017. (Photo: J. Scott Applewhite/Associated Press) Rosenstein knew that the president wanted to fire Comey; and he read the Bedminster draft before he wrote his own memorandum.

In this light, it has been very puzzling for a while why Rosenstein does not have a conflict of interest in the Mueller investigation. The Washington Post reported unequivocally that Mueller’s investigation includes “whether President Trump attempted to obstruct justice,” including, as a central issue, in his firing of Comey. Rosenstein was in the middle of that firing. He possesses information about the president’s beliefs and motives in firing Comey, and quite possibly a personal interest in how those beliefs and motives are construed, since he appeared to many to have been used by the president (and was reportedly very angry about it). Rosenstein would thus would very likely be a fact witness in any obstruction inquiry in connection with the Comey firing. It is hard to understand why he did not have a conflict of interest the moment Mueller’s investigation turned to obstruction in the firing of Comey.

File under, he might have a point, y’know.

Just sayin’.

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Image notes: Top —A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)  Right — Rod Rosenstein is shown during his confirmation hearing to become deputy attorney general on 7 March 2017. (Photo: J. Scott Applewhite/Associated Press)

Barrett, Devlin, Adam Entous, Ellen Nakashima, and Sari Horwitz. “Special counsel is investigating Trump for possible obstruction of justice, officials say”. The Washington Post. 14 June 2017.

Goldsmith, Jack. “Why Hasn’t Rod Rosenstein Recused Himself from the Mueller Investigation?” Lawfare. 5 January 2018.

Schmidt, Michael S. “Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation”. The New York Times. 4 January 2018.

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A Question of Presupposition (Graham Cracked Edition)

#PutiTrump | #WhatTheyVotedFor

#PutiTrump: Protest image of Vladimir Putin, artist unknown. Donald Trump in detail of photo by Mark Peterson/Redux for msnbc, 2016.

“I always said he had a blindspot to Russia but things are changing for the better. He finally allowed the Ukraine to be given defensive weapons. But when it comes to Russia, I’ve said on your show a million times, he has an attitude toward Putin that I think is counterproductive. The president does believe his intel agencies.”

Sen. Lindsey Graham (R-SC)

It really is easy to pin a lot on the quote; Steve Benen offers this take:

Now, it’s quite likely that Trump and Graham, who appear to now be rather close allies, have had private conversations in which the president has said things to the senator that he hasn’t shared with the public. But if Trump told Graham he now believes Russians stole Democratic documents, it would represent a dramatic change of heart.

As recently as mid-November—not quite two months ago—Trump told reporters that Vladimir Putin personally assured him that Russia didn’t meddle in the American election. “Every time he sees me he says, ‘I didn’t do that,’ and I really believe that when he tells me that, he means it,” the American president said in reference to his Russian counterpart.

It was part of a lengthy pattern in which Trump refused to accept U.S. intelligence agencies’ findings. “Nobody really knows for sure” whether Russia intervened in the American elections, the president said in July—after intelligence professionals told him they do know for sure.

But according to Lindsey Graham, sometime between mid-November and early-January, Trump changed his mind, and if the senator is right, the shift is a pretty important development.

The analysis is not wrong; we should always bear in mind, however, questions of presupposition.

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A Threshold (Trumping Transformation)

#trumpswindle | #wellduh

President Donald Trump reacts to the song as he arrives at a rally at the Phoenix Convention Center, Tuesday, 22 August 2017, in Phoenix, Arizona. (Photo: Alex Brandon/AP Photo)

There is breaking report today via NBC News explaining that Donald Trump’s lawyers are reportedly negotiating with Robert Mueller and the Office of Special Counsel, both for the terms of a presidential interview and in hopes of avoiding one altogether. We ought to mark the point simply as a matter of threshold: Last year, or, that is to say, last month, we heard from the president’s lawyers an expectation that Mueller and OSC would be wrapping up their investigation and clearing the president. Today we hear chatter that they are maneuvering to drag out the inquiry by trying to keep Special Counsel Mueller away from President Trump.

Say what we will about inevitability, but the transformation would seem to mark a threshold.

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Image note: President Donald Trump reacts to the song as he arrives at a rally at the Phoenix Convention Center, Tuesday, 22 August 2017, in Phoenix, Arizona. (Photo: Alex Brandon/AP Photo)

Welker, Kristen, Carol E. Lee, Julia Ainsley, and Hallie Jackson. “Initial talks underway about Trump interview in Mueller Russia probe”. NBC News. 8 January 2018.

#DimensionTrump: The Lulzie Lede (Stone Stupid Mix)

#DimensionTrump | #WhatTheyVotedFor

L-R: Julian Assange of WikiLeaks; comedian Randy Credico; longtime Republican hand and boasting conspirator Roger Stone.  (Detail of composite image via RT, ca. 2017.)

It ought to be significant of something that Dan Friedman of Mother Jones can possibly offer a lede like this:

Randy Credico, a comedian and radio host who Trump adviser Roger Stone claims was his intermediary to WikiLeaks’ Julian Assange, has asserted his Fifth Amendment right ahead of an interview with the House Intelligence Committee that was scheduled for Friday, according to his lawyer. As a result, the committee has released Credico from appearing before the panel as part of its investigation into the Trump-Russia scandal.

To some degree, this kind of utter stupidity really is some aspect of #WhatTheyVotedFor.   (more…)

Everyday, Easy Cowardice (Palmetto Virtue Edition)

#rapeculture | #WhatTheyVotedFor

House Benghazi Committee Chairman Rep. Trey Gowdy (R-SC04) speaks to reporters on Capitol Hill in Washington, D.C., Wednesday, 6 January 2016, before the start of the committee's closed-door hearing. The House committee is looking into the deadly 2012 attacks in Benghazi, Libya and is interviewing former CIA director David Petraeus as the investigation enters its third calendar year, and a presidential election year. (Susan Walsh/AP Photo)

The report from Griffin Connolly, for Roll Call, might not be surprising—

Rep. Trey Gowdy, chairman of the House Committee on Oversight and Government Reform, will not initiate an investigation into allegations of sexual assault against President Donald Trump, he signaled in a letter Tuesday.

—but it seems worth pointing out that Republicans are not even trying. Nor is this a new phenomenon; it just seems especially relevant.

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The Bubbles Dynasty

[#bubblesdynasty]

Governor Mike Pence (R-IN) speaking at the 2015 Conservative Political Action Conference (CPAC) in National Harbor, Maryland, 27 February 2015. (Photo by Gage Skidmore)

Via Politico:

A new federal tax filing indicates that Vice President Mike Pence’s brother, Greg, is preparing to launch a campaign for Congress in Indiana ....Greg Pence speaks about his brother, then Indiana Governor Mike Pence, at a Trump-Pence presidential campaign rally 1 November 2016, at the Exit 76 Anitque Mall in Edinburgh, Indiana. (Photo: Mike Wolanin/The Republic)

.... Greg Pence has been weighing a run for Congress in Messer’s 6th District for months. Pence, a businessman, has appeared at his brother’s side as he ran for office but would be new to political office himself. Greg Pence has already been deeply involved in Indiana politics this year through his work for Messer. He is serving as the chairman of Messer’s Senate finance committee and starred in a video announcing Messer’s Senate bid.

Because what the world needs now is a new American political dynasty. Vice-President Pence’s stupidity and vice are the sort of things we can easily pass over as given, but we also such things as we find ourselves revisiting fifteen months later, since people went ahead and made the mistake, anyway. The obvious question arises about fruit and the family tree: How much smarter is “General Harassment” than his younger brother, Vice President “Bubbles”?    (more…)

Obvious (Rape Culture)

[#rapeculture]

"All of a sudden, I could do anything." ― Mikasa Ackerman

To the one, it’s not Harvey effing Weinstein. To the other, that fact is only distally or, perhaps, if proximal, tangentially related to anything. The important point about systemic or habitual abuse is that it requires system and habit.

A former teacher at a Catholic school in Queens who said she had reported the sexual abuse of seven female students by a priest in 1991 now claims that the Diocese of Brooklyn covered it up for more than a decade, allowing more girls to be abused.

Ms. Porcaro, 63, said that at the end of 1990, seven fifth-graders told her that Father Prochaski was sexually abusing them. Most were Polish immigrants whose families had been brought to America with the help of the priest, to whom they felt beholden.

She said she reported the abuse to the principal, a nun from the Sisters of the Holy Family order. She said the nun laughed and said, “Oh, everybody knows about Father Adam,” she recalled. “And I had tears in my eyes.”

The New York Times article from Sharon Otterman closes with the note that a fund for Brooklyn Diocese survivors has seen sixty settlements accepted, of seventy-six offers from two hundred-eleven claims.

Let us be clear:

… it was not until 2002 that the Brooklyn Diocese notified law enforcement about the allegations. That was the year American bishops passed the Dallas Charter, requiring that dioceses report all allegations of sexual abuse of minors to public authorities. By then, none of the allegations against Mr. Prochaski were within the statute of limitations for prosecution, the spokeswoman for the Queens district attorney said.

This is, by definition, rape culture.

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Image note: Composite — Details of frames from Attack on Titan, episode 6, “The World the Girl Saw”.

Otterman, Sharon. “23 Women Accuse Former Queens Priest of Abusing Them as Children”. The New York Times. 12 October 2017.

The Turn of the Page (Marooned Fifth)

#PutiTrump | #WhatTheyVotedFor

Composite — Donald Trump: Detail of photo by Mark Peterson/Redux for msnbc; Carter Page: AP Photo; Puti-Toots: Artist unknown.

Should we take a moment to recall, oh, not quite six months ago, the ledes made a pretty straightforward setup:

President Donald Trump sought to insert himself into congressional investigations on Russia on Wednesday, urging lawmakers to hear from one of his former advisers, Carter Page, to counter testimony by directors of the FBI and CIA.

(Chiacu)

† † †

President Donald Trump on Wednesday accused Democrats of resisting testimony from Carter Page, his former campaign adviser, because he “blows away” allegations they have made.

(Bennett)

And that really is a wasted setup, right? That is, since we already know the punch line:

Carter Page, a former foreign policy adviser to the Trump campaign, informed the Senate Intelligence Committee on Tuesday that he will not be cooperating with any requests to appear before the panel for its investigation into Russian meddling in the 2016 election and would plead the Fifth, according to a source familiar with the matter.

(Watkins)

#wellduh. Because of course he will.

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The Republican Character (Even More Fuckless)

#trumpswindle | #WhatTheyVotedFor

Environmental Protection Agency (EPA) Administrator Scott Pruitt speaks to employees in Washington, D.C., 21 February 2017. (Photo: Joshua Roberts/Reuters)

This is unsurprising, though perhaps saying so risks overstating the point. Via Washington Post:

The EPA inspector general’s office announced in August that it had opened an inquiry into Pruitt’s frequent travel to his home state of Oklahoma. The internal watchdog at the time said its investigation was triggered by “congressional requests and a hotline complaint, all of which expressed concerns about Administrator Pruitt’s travel—primarily his frequent travel to and from his home state of Oklahoma at taxpayer expense.”

The probe was triggered in part by findings from the Environmental Integrity Project, a nonprofit group that detailed through public records that Pruitt had spent nearly half of the days in March, April and May in Oklahoma. Initially, EPA investigators said they planned to audit Pruitt’s travel records, as well as those of his security and top aides, through the end of July.

But on Friday, the inspector general’s office said it would expand that inquiry to include all of Pruitt’s travel through the end of September, and not just trips to Oklahoma.

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Required Reading (Justice and Dissent)

[#kneelbeforeJustice]Colin Kaepernick (r.) and Eric Reed kneel during the national anthem before a 2016 NFL game. (Photo: Associated Press)

“Donald Trump took time out from comparing missiles with Kim Jong Un and ignoring Puerto Rico to declare that the athlete who takes a knee is a ‘son of a b***h’ who should be fired for disrespecting America. He was harder on the athletes than on the neo-Nazis who marched in Charlottesville.”

Leonard Pitts, Jr.

This is not one of those things where I get to say something like, “What he said!” or, “Plus one!” More directly, we can rest assured my part has something to do with paying the fuck attention.

Dear black people:

I guess we’ve messed up again. Seems like we’re never going to learn how to properly protest, no matter how hard conservatives try to teach us.

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