One of Those Moments (… cum Farce)

#DimensionTrump | #WhatTheyVotedFor

To the one, something goes here about unnamed sources; it’s a long question, by now. To the other, though—

For all the morning’s madness, there may have been an underlying logic. Over the weekend, as Brett Kavanaugh’s prospects appeared increasingly imperiled, Trump faced two tactical options, both of them fraught. One was to cut Kavanaugh loose. But he was also looking for ways to dramatically shift the news cycle away from his embattled Supreme Court nominee. According to a source briefed on Trump’s thinking, Trump decided that firing Rosenstein would knock Kavanaugh out of the news, potentially saving his nomination and Republicans’ chances for keeping the Senate. “The strategy was to try and do something really big,” the source said. The leak about Rosenstein’s resignation could have been the result, and it certainly had the desired effect of driving Kavanaugh out of the news for a few hours.

(Sherman)

—this is the Trump administration: What insanity will we be expected to believe, tomorrow? The question is how well a bit like this ages; certes, it makes a powerful headline, but the instinct to disbelieve seems largely reasonable.

And, again, to the other, this is the Trump administration. The idea of a T&A comedy presidency ought to be a really stupid joke. Something, something, Trump administration, right. This really is what they voted for, and no, it’s been more of a tragedy cum farce than any sort of comedy. It really isn’t funny.

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Image notes: Top — Deputy U.S. Attorney General Rod Rosenstein testifies to the House Judiciary Committee hearing in Washington, D.C., 13 December 2017. (Photo: Joshua Roberts/Reuters)  Right — President Donald Trump speaks in the Roosevelt Room of the White House, in Washington, D.C., 24 May 2018. (Photo: Evan Vucci/AP Photo)

Sherman, Gabe. “‘The Strategy Was to Try and Do Something Really Big’: Trump Wanted to Nuke Rosenstein to Save Kavanaugh’s Bacon”. Vanity Fair. 24 September 2018.

What Rosenstein Said

#PutiPoodle | #WhatTheyVotedFor

Via Bloomberg:

Beyond the 13 people indicted, Mueller announced the Feb. 12 guilty plea of a California man for identity theft, Richard Pinedo, who is cooperating with prosecutors. The indictment of Russian individuals and companies also suggests a broader conspiracy than Mueller charged, saying grand jurors heard about others involved in the scheme.

Richard Painter, who was the chief ethics adviser in the George W. Bush administration, said the lack of any evidence of collusion in the indictment wasn’t the final word by prosecutors.

“They’re charging what they know,” he said. “The contact with the Trump campaign might be unwitting in this case, but that doesn’t mean that the collaboration issue is finished.”

Now, just to make certain: We should probably bear in mind that neither, really is the question of this or that contact being unwitting truly closed. It seems a tawdry hair to split, except there is also the part about how—

This “information warfare” by the Russians didn’t affect the outcome of the presidential election, Deputy Attorney General Rod Rosenstein told reporters. Trump and his Republican supporters have repeatedly denounced the Mueller investigation as a “witch hunt” and have denied any collusion. The indictment cites no instances of Russians coordinating directly with the Trump campaign.

—and this is important: Rosenstein did not say the information warfare “didn’t affect the outcome of the presidential election”.

A Very Interesting Question

#PutiTrump | #WhatTheyVotedFor

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; 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.

#WhatTheyVotedFor (Corruption Conundrum)

#PutiTrump | #WhatTheyVotedFor

The basic conundrum, the New York Times explained Tuesday night:

By firing the F.B.I. director, James Comey, late Tuesday afternoon, President Trump has cast grave doubt on the viability of any further investigation into what could be one of the biggest political scandals in the country’s history.

The explanation for this shocking move—that Mr. Comey’s bungling of the investigation into Hillary Clinton’s private email server violated longstanding Justice Department policy and profoundly damaged public trust in the agency—is impossible to take at face value. Certainly Mr. Comey deserves all the criticism heaped upon him for his repeated missteps in that case, but just as certainly, that’s not the reason Mr. Trump fired him.

‡

Mr. Comey was fired because he was leading an active investigation that could bring down a president. Though compromised by his own poor judgment, Mr. Comey’s agency has been pursuing ties between the Russian government and Mr. Trump and his associates, with potentially ruinous consequences for the administration.

Disgrace (James Brien Comey, Jr.)

#resist

And then there is this.

President Donald Trump abruptly fired FBI Director James Comey Tuesday, dramatically ousting the nation’s top law enforcement official in the midst of an FBI investigation into whether Trump’s campaign had ties to Russia’s election meddling.

In a letter to Comey, Trump said the firing was necessary to restore “public trust and confidence” in the FBI. Comey has come under intense scrutiny in recent months for his role in an investigation into Democrat Hillary Clinton’s email practices, including a pair of letters he sent to Congress on the matter in the closing days of last year’s election.

Trump made no mention of Comey’s role in the Clinton investigation, which she has blamed in part for the election result that put him in the White House. But in announcing the firing, the White House circulated a scathing memo, written by deputy Attorney General Rod Rosenstein, criticizing Comey’s handling of the Clinton probe, including the director’s decision to hold a news conference announcing its findings and releasing “derogatory information” about Clinton.

(Pace)

Sense and Sensibility in #DimensionTrump

#incompetence | #WhatTheyVotedFor

This is just another example:

Graham and Iowa Republican Sen. Chuck Grassley have both said they will hold up hearings for Rod Rosenstein, Trump’s nominee to serve as deputy attorney general, unless they get more information from the FBI. Given Sessions’ recusal, Rosenstein would take over responsibility for any probes touching the Trump campaign and Russia’s election meddling if he’s confirmed.

“It’s just too bad that we have to go to this length,” Grassley said.

(Pace)

Remember, when a Republican tells you government does not or cannot work, remember this is a warning, a threat, a thesis to be proved; underlying it all is a notion that government should not work.

Good News, Everyone! (Justice Before Profit)

This is very nearly confusing. That is to say, sometimes we forget to pay attention, but, really, why am I so genuinely surprised?

The Justice Department plans to end its use of private prisons after officials concluded the facilities are both less safe and less effective at providing correctional services than those run by the government.

Deputy Attorney General Sally Yates announced the decision on Thursday in a memo that instructs officials to either decline to renew the contracts for private prison operators when they expire or “substantially reduce” the contracts’ scope. The goal, Yates wrote, is “reducing―and ultimately ending―our use of privately operated prisons.”

“They simply do not provide the same level of correctional services, programs, and resources; they do not save substantially on costs; and as noted in a recent report by the Department’s Office of Inspector General, they do not maintain the same level of safety and security,” Yates wrote.

(Zapotosky and Harlan)

No, really, I didn’t see this coming. Perhaps that is the problem; this is the sort of thing I should have at least noticed along the way.

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Image note: Deputy Attorney General Sally Q. Yates speaks during a news conference at the Justice Department in Washington, D.C., 28 June 2016. (Photo: J. David Ake/AP Photo)

Zapotosky, Matt and Chico Harlan. “Justice Department says it will end use of private prisons”. The Washington Post. 18 August 2016.