lawyer

Rudy’s Bizarre Adventure (Candy and Nuts)

#DimensionTrump | #WhatTheyVotedFor

Composite image: Donald Trump speaks to the National Rifle Association convention, in Dallas, Texas, 4 May 2018 (Photo: Carlos Barria/Reuters); Rudy Giuliani speaks at the Grand Hyatt in Washington, D.C., 5 May 2018 (Photo: Andrew Harnik/AP Photo); uncredited protest image of Vladimir Putin.

Oh, come on:

In a recent interview with HuffPost, Giuliani initially disputed the notion that Trump’s daily citing, in the final month of his campaign, of Russian-aligned WikiLeaks and its release of Russian-stolen emails constituted “colluding” with Russia.

“It is not,” Giuliani said.

Then he switched tacks.

“OK, and if it is, it isn’t illegal… It was sort of like a gift,” he said. “And you’re not involved in the illegality of getting it.”

(Date)

This is a test of a principle. The analogy here is the idea that for a generation, at least, Americans pretended our supremacist heritage wasn’t, and that it was unfair to let a proverbial few bad seeds have any defining influence about the Land of the Free and Home of the Brave. And toward that end, we must also admit the observable fact that supremacism is one of about two things President Trump’s voters actually get in return for electing him; the other, of course, is a living mortal demonstration of the Republican thesis that government does not and simply cannot work. For our purposes, though, we might consider a period before Mr. Trump won the presidency, nested sometime in the forty-eight years ‘twixt the Democrats losing the South and the 2016 election, and the idea that you just don’t talk about people that way, unless.

Unless what? Unless you have proof. But what does proof of supremacism mean to a roomful of supremacists? In the end, the abiding standard is that you just don’t say that about people. It is also true that if we ask around, we will find a lot of that in society, and the common aspect is the stake perceived by by those who would posture themselves as well-intended and upright, except.

Except what? Well, therein lies the hook. Except nothing. They are upright, well-intended people, and that is all there is to that, and, besides, it is all everybody else’s fault, anyway; if only black people would; if only women would; if only hellbound infidels would.

Which, in turn, reminds that any given analogy only goes so far. At some point, #DimensionTrump seems to proscribe certain aspects and vectors of inquiry, yet it seems only to the president’s peril.

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Rudy’s Bizarre Adventure

#trumpswindle | #WhatTheyVotedFor

President Donald Trump leaves after speaking during the first meeting of the Presidential Advisory Commission on Election Integrity, in the Eisenhower Executive Office Building, 19 July 2017, in Washington, D.C. (Photo: Saul Loeb/AFP/Getty Images)

In truth, the problem with calling Rudy Giuliani the gift that keeps on giving is not the fact of its politic, but, rather the disaster that statement represents. Caroline Orr, for instance, noted yesterday—

Speaking about the Mueller probe, Rudy Giuliani tells Judge Jeanine: “Maybe they think Manafort’s somebody they can flip faster.”

… hence implying that Manafort has incriminating evidence on Trump that would give him leverage to flip.

—and that ought to be hilarious except for the fact that it is real. And toward a certain political objection we might simply note that regardless of aesthetics and sincerely held beliefs, there really are investigations afoot, and one of President Trump’s attorneys really is putting on some extraordinary manner of flaming excremental spectacle.

The lede from Zeke Miller for Associated Press is striking insofar as it is a lawyer saying it instead of some conservative pundit on cable news—and, sure, go ahead and make the obvious point about Rudy Giuliani as a pundit, but what, really, is anyone to actually do with it?—but then we also face the prospect that this is an attorney for the President of the United States, which ought to be significant in and of itself even before begging the question of a sitting president pleading the Fifth:

President Donald Trump’s new attorney, Rudy Giuliani, won’t rule out the possibility that the president would assert his Fifth Amendment right against self-incrimination in the swirling Russia investigation.

“How could I ever be confident of that?” the former New York City mayor and U.S. attorney said Sunday on ABC’s “This Week.”

Giuliani said despite Trump’s openness to sit down with special counsel Robert Mueller, he would strongly advise Trump against it.

“I’m going to walk him into a prosecution for perjury like Martha Stewart?” Giuliani said. Stewart was convicted in 2004 of lying to investigators and obstruction in an insider trading case.

Giuliani suggested that Trump wouldn’t necessarily comply with a subpoena from Mueller, but he wouldn’t rule out the possibility of the president sitting for an interview with Mueller.

“He’s the president of the United States,” Giuliani said. “We can assert the same privileges other presidents have.”

That last is, technically, true; many critics will rightly point out it is also functionally meaningless; asserting privilege is different from actually exercising them insofar as one must make the assertion stick, and history does in fact seem clear on this point, which in turn means invoking and asserting a constitutional right: The President of the United States will not convey any true information that would incriminate him.    (more…)

A Tremor in the #TrumpSwindle

#trumpswindle | #WhatTheyVotedFor

Jared Kushner, son-in-law and senior adviser to US President Donald Trump, attends an American Leadership in Emerging Technology roundtable in the East Room of the White House in Washington, D.C., 22 June 2017.  (Photo: Nicholas Kamm/AFP/Getty Images)

This is just one of those moments worth noting, because it will either be important or not.

Asked about the loans Jared Kushner received after meeting in the WH with the execs who approved those loans, Sarah Sanders says the WH has no comment and refers reporters to Kushner’s lawyer.

(Caroline O)

It is in the moment tempting to wonder if we witness some manner of disengagement beginning as the Special Counsel’s Office swirls around one of the most obvious exposures in the White House. To the other, disengagement is possibly impossible by circumstance of who has done what, and, furthermore, it seems very much an extraordinary proposition to watch the Trump family cabal fracture down this particular fault line.

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Important and Inevitable

#PutiTrump | #WhatTheyVotedFor

Special Counsel Robert Mueller (AP Photo)

This is one of the important parts:

Attorney General Jeff Sessions was questioned for several hours last week by the special counsel’s office as part of the investigation into Russia’s meddling in the election and whether the president obstructed justice since taking office, according to a Justice Department spokeswoman.

The meeting marked the first time that investigators for the special counsel, Robert S. Mueller III, are known to have interviewed a member of Mr. Trump’s cabinet.

Attorney General nominee Sen. Jeff Sessions (R-AL) in Washington, D.C., on 29 November 2016. (Molly Riley/Associated Press)In response to questions from The New York Times, the spokeswoman, Sarah Isgur Flores, confirmed that the interview occurred. Mr. Sessions was accompanied by the longtime Washington lawyer Chuck Cooper to the interview.

(Schmidt)

The New York Times article goes on to sketch the drama so far, including a declaration that, “Mueller’s interest in Mr. Sessions shows how the president’s own actions helped prompt a broader inquiry”, but this is also part of setting up a seemingly obvious statement:

For Mr. Mueller, Mr. Sessions is a key witness to two of the major issues he is investigating: the campaign’s possible ties to the Russians and whether the president tried to obstruct the Russia investigation.

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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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What They Voted For: That Most Special of Interests

#trumpswindle | #WhatTheyVotedFor

Donald Trump speaks to South Carolina voters in North Charleston, 19 February 2016. (Photo: Spencer Platt/Getty Images)

Who: Darren Samuelsohn (Politico)
What: “Trump’s kids to run businesses via ‘blind trust,’ Trump attorney says”
When: 10 November 2016

Politico offers the necessary context:

Donald Trump’s vast business holdings will be placed into a blind trust with his oldest three children in charge, according to the president-elect’s attorney.

Trump during his campaign faced questions about how he’d handle his business dealings and potential conflicts if he were to become president, saying repeatedly he’d separate himself from the company. And while his lawyer Thursday used the term “blind trust” when discussing the family’s upcoming financial arrangement, putting Trump’s children in charge of a set of assets that their father is aware of does not constitute a blind trust. Under the legal definition of a blind trust, a public official places his finances under the management of an independent party. The official would have no knowledge of what is in the trust or how it is managed. On CNN, Cohen conceded Trump would have a difficult time satisfying critics who continue to raise doubts about their plans.

(Samuelsohn; boldface accent added)

This is how Trump voters and supporters will work around the cognitive dissonance of cronyism and nepotism in their ostensibly anti-corruption, anti-cronyist, anti-Establishment, anti-institutional figurehead: Ego defense. Redefining terms like nepotism and cronyism in order to exclude what one desperately wishes to protect requires some manner of neurotic complex; there is no precise classification for cravenly making it up as you go, so denial and suppression cannot in themselves suffice, as it is not so straightforward. There is some pretense of intellectualization and rationalization, but scrambling to justify post hoc projection and displacement―while flailing into concomitant secondary denial about whatever prior sentiments and processes one is replacingα―is neither intellectual nor rational.

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Beyond Ridiculous

Rowan County Clerk Kim Davis is escorted from jail to a waiting crowd by Liberty Counsel founder Mat Staver (right) and other lawyers from the Falwell Ministry-affiliated legal firm, in Grayson, Kentucky, Tuesday, 8 September 2015, after U.S. District Judge David Bunning lifted his contempt order. Ms. Davis' husband, Joe Davis, follows at rear. (Image via CNN)

This is not exactly unexpected:

Rowan County Clerk Kim Davis walked out of a Kentucky detention center to massive applause Tuesday after spending five days behind bars for defying a federal order that she issue marriage licenses to same-sex couples. But her attorney said that Davis would continue to abide by her conscience, which cannot condone same-sex nuptials, and that all licenses issued since her incarceration were not valid.

The defiant stand seems likely to land Davis right back in jail, from where she emerged Tuesday afternoon alongside her attorney, Mat Staver, and former Arkansas Gov. Mike Huckabee, who was hosting a rally in her honor. Huckabee, a former Baptist pastor, told reporters outside the detention center he’d be willing to go to jail in her place should a federal judge find she’s violated the conditions of her release.

Bunning said in his order Tuesday that Davis “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” But Staver suggested such interference was likely.

“She cannot allow a license authorizing same-sex marriage to go under her authority or name,” Staver said in an interview with NBC News’ Gabe Gutierrez, ahead of Davis’ release. “That’s been her position from the beginning and that will be her position, I assume, on any subsequent occasion. She’s asking for a simple fix, a simple accommodation.”

“We’re back to square one,” he added. “She’s been released. But there has been no resolution.”

(Margolin)

Some questions for the office pool: Will it take days before Kim Davis lands herself in jail, or mere hours? How, exactly, can she interfere? Hide all the license forms in her safe? Cut the printer cables? Sabotage the network? Physically preclude her deputies from doing their jobs? Fire them for doing their jobs? No, really, how is this going to go?

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Another Obvious Question (House Divided Hot Mess Mix)

Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. (Photo: Ty Wright/Getty Images)

Let us start here:

Importantly, Davis is not claiming a substantial burden on her religious freedom or free speech rights if someone else authorizes and approves a SSM license devoid of her name.

(Mihet and Christman [Liberty Counsel], 28 August 2015; accents per source)

Follow the bouncing ball:

“The stay request offers several options such as removing Davis’s name from the marriage license, thus removing the personal nature of the authorization,” Staver pointed out. “Another accommodation would be to allow licenses to be issued by the chief executive of Rowan County or developing a statewide, online marriage license process,” Staver suggested. “There is absolutely no reason that this case has gone so far without reasonable people respecting and accommodating Kim Davis’s First Amendment rights,” Staver concluded.

(Liberty Counsel, 31 August 2015; boldface accent added)

And then came Friday:

Mathew Staver, founder of Liberty Counsel which represents Davis, said he believes Friday’s licenses are invalid because they were not issued with her approval. Davis’ name does not appear on the licenses.

“They are not worth the paper they are printed on,” Staver said, standing in front of the Grayson, Kentucky, detention center where Davis is being held. He added she had no intention of resigning as clerk.

(Bittenbender; boldface accent added)

Would any among Ms. Davis’ defenders care to attempt reconciling, or at least merely explaining that sleight? This much is true: We don’t expect Mr. Staver, nor his colleagues, Messrs. Christman and Himet, to do so. Indeed, we might wonder if they would find demands for such an explanation offensive to their religious freedom.

To be clear, because some need it so expressed:

If Kim Davis’ name was not on the marriage licenses, then the “personal nature of the authorization” would be removed. (Liberty Counsel, 28-31 August)

If the licenses were issued without Ms. Davis’ name on them, then they are “not worth the paper they are printed on” because Ms. Davis has not given authorization of a personal nature.

In the end, Mark Joseph Stern’s question of whether Kim Davis is “getting taken for a ride by her lawyers”, as the headline put it, asserts itself more insistently.

More and more, it’s beginning to look like the Liberty Counsel is taking Davis for a ride, using her doomed case to promote itself and its extremist principles. Davis has certainly humiliated and degraded the gay couples whom she turned away. But I wonder if, on some level, she isn’t a victim, too.

(Boldface accent added)

I mean, really.

This is a sick joke playing out before our eyes.

____________________

Image note: Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. (Photo: Ty Wright/Getty Images)

(Tip o’ the hat I don’t actually wear: JoeMyGod)

Mihet, Horatio G. and Jonathan D. Christman. “Emergency Application to Stay Preliminary Injunction Pending Appeal”. Davis v. Miller et al. Supreme Court of the United States. 28 August 2015.

Liberty Counsel. “Accommodations Would End Rowan County Dispute”. Press Release. 31 August 2015.

Bittenbender, Steve. “Kentucky clerk’s office ends ban on same-sex marriage licenses”. Reuters. 4 September 2015.

Stern, Mark Joseph. “Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?”. Slate. 31 August 2015.

An Obvious Question (Mix A Mat)

Mat Staver of Liberty Counsel.

There comes a point when we really must revisit Mark Joseph Stern’s point last week for Slate:

More and more, it’s beginning to look like the Liberty Counsel is taking Davis for a ride, using her doomed case to promote itself and its extremist principles. Davis has certainly humiliated and degraded the gay couples whom she turned away. But I wonder if, on some level, she isn’t a victim, too.

Think of it this way: Mat Staver has been on an eleven year losing streak. Think about that for a moment; his old claim to fame is a Pledge of Allegiance case, but in the question of Christians having the right to decide who else gets rights, he has been exactly the loser he sounds like for over a decade. Something about track record goes here.

We might also recall, more recently, Mr. Staver’s pledge to defend marriage, which was rooted in the same assertion of religious supremacism and comparisons to historical victims we hear now. Of late, though, he has ratcheted up the hatred:

With Rowan County Clerk Kim Davis jailed for refusing to follow the orders of U.S. District Judge David Bunning, her deputies issued a marriage license to James Yates and William Smith on Friday. The couple had previously been denied five times.Liberty Counsel

However, Mathew Staver, founder of Liberty Counsel which represents Davis, said he believes Friday’s licenses are invalid because they were not issued with her approval. Davis’ name does not appear on the licenses.

“They are not worth the paper they are printed on,” Staver said, standing in front of the Grayson, Kentucky, detention center where Davis is being held. He added she had no intention of resigning as clerk.

(Bittenbender)

At this point, it seems a pretty straightforward question: Is Mr. Staver really so cruel and desperately determined to disrupt and denigrate other people’s marriages, or is he just that bad of a lawyer?

Sigh. Nothing says it can’t be both.

Think about it, though; not only does he assert that his client need not follow the law, now he claims she can prevent others from following the law.

This is what “family values” culture comes to?

____________________

Bittenbender, Steve. “Kentucky clerk’s office ends ban on same-sex marriage licenses”. Reuters. 4 September 2015.

Holland, Gina. “Court declines gay marriage case”. The Herald-Tribune. 29 November 2004.

Michelson, Noah. “Kim Davis’ Attorney Compares Her To Jews Living In Nazi Germany, Invokes Images Of Gas Chambers”. The Huffington Post. 5 September 2015.

Stern, Mark Joseph. “Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?” Slate. 31 August 2015.

The Rick Santorum Show (Papal Froth)

Former U.S. Sen. Rick Santorum (R-PA) in undated photo by Eric Gay/AP.

This is why we adore Rick Santorum:

Republican presidential hopeful Rick Santorum says he loves Pope Francis, but he wants the pontiff to stop talking about climate change.

Santorum, a devout Catholic, told Philadelphia radio host Dom Giordano on Monday that the pope should “leave science to the scientists.”

His comments come as the pope, who earned a master’s degree in chemistry before turning to the priesthood, becomes increasingly vocal about climate change. Pope Francis is preparing a groundbreaking encyclical to be released in the coming weeks that’s expected to make the case that taking action to fight climate change is a moral and religious imperative.

(Mazza)

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