Mueller investigation

The Tulsi Gabbard Show (Partisan Interests)

#Tulsi2020 | #WithTheRussians

Rep. Tulsi Gabbard (D-HI02), along the way to seeking a 2020 Democratic presidential nod, weighed in on the slow-leaking debacle of Attorney General William Barr’s summary that is not a summary, noting Thursday:

Mueller reported Trump did not collude with Russia to influence our elections. Now we must put aside partisan interests, move forward, and work to unite our country to deal with the serious challenges we face.

Friday’s clarification letter regarding the Attorney General’s previous letter continues word gamesα that ought to sober up some ebullient pro-Trump celebration among ostensible progressives and leftists. Meanwhile, testable statements such as the Distinguished Member from Hawai’i Two offers can eventually be checked. The thing is, if President Trump is hoping A.G. Barr can hold out long enough at a threshold of potential misprision, we might wonder at those who seek to either abet or else profit thereby.

The upside for Ms. Gabbard, of course, is if it somehow turns out President Trump is somehow innocent to the point of driven snow. “Mueller reported Trump did not collude with Russia to influence our elections”, the Congresswoman wrote. Not even the 24 March letter from the Attorney General actually says that; Tulsi Gabbard seems to very anxious to advance the Trump supporters’ pitch.

Toward which end, we should probably note that among the mysteries of the internet, there is this: The part where the video frame in Congreswoman Gabbard’s tweet seems to say, “Tulsi 2020 … with the Russians”, is entirely coincidental; that’s just how it came up on the screen.

Still, this is the sort of gaffe that can haunt.

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Image note: Tweet by Rep. Tulsi Gabbard (D-HI02), 28 March 2019.

α Previously, Mr. Barr fiddled the word “coordination”; the latest might leave the reader wondering at the definition of “summary”.

@TulsiGabbard. “Mueller reported Trump did not collude with Russia to influence our elections. Now we must put aside partisan interests, move forward, and work to unite our country to deal with the serious challenges we face”. Twitter. 28 March 2019.

Barr, William. Letter to House and Senate Judiciary Committees. Office of the Attorney General. 24 March 2019.

—————. Letter to Chairman Graham and Chairman Nadler. Office of the Attorney General. 29 March 2019.

Maddow, Rachel. “Barr improvises role on Mueller report despite clear regulations”. The Rachel Maddow Show. msnbc. 29 March 2019.

Steinberg, Ben. “This Footnote to Barr’s Mueller Report Letter Felt Very Random. Perhaps It Wasn’t”. Slate. 29 March 2019.

A Low Barr for President Trump

#DimensionTrump | #WhatTheyVotedFor

U.S. Attorney General William Barr speaks during his confirmation hearing at the Capitol in Washington, D.C., 16 January 2019. (Photo: Chip Somodevilla/Getty Images)

It seems worth reminding of our American time and circumstance. Sometimes disbelief is not answered by asking, “How is this true?” but, rather, by considering environmental conditions within the range of observation; sometimes the question runs, “How is this not untrue?”

Those who marvel at the point of Mr. Barr’s private-sector memo denouncing the Mueller investigation being over four times longer than Attorney General Barr’s summary of an investigation he loathed should simply remember that a public attorney is still an attorney. We might well have our own opinions of turpitude and integrity vis à vis the Attorney General and the President he serves, but within the boundaries of what we might understand about Mr. Barr’s outlook, it is worth considering how the summary he released would fail to equal obstruction, misprision, or other such offense against either the law or his license to practice, and seek its meaning therein.

In the moment, the discourse seems almost as if we all saw the sleight coming, watched it happen right in front of us, yet pretend to believe it, anyway. It’s almost as if the years Americans spent watching and complaining about politicians, lawyers, and PR flaks splitting hairs and manipulating language, we are supposed to look upon this most bizarre circumstance as if such notions have never occurred to our tabula rasa innocence.

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Image note: U.S. Attorney General William Barr speaks during his confirmation hearing at the Capitol in Washington, D.C., 16 January 2019. (Photo: Chip Somodevilla/Getty Images)

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…)

The Latest Pickup: Joseph diGenova

#trumpswindle | #WhatTheyVotedFor

US President Donald J. Trump after a group photo on the second day of the G7 Summit at the Hotel San Domenico in Taormina, Sicily, Italy, 27 May 2017. (Photo: Angelo Carconi/ANSA)

Steve Benen suggests—

Obviously, diGenova’s track record of pushing strange, right-wing conspiracy theories on television makes it difficult to take him seriously, but because Donald Trump is Donald Trump, the opposite is true in the White House: this president loves those who push strange, right-wing conspiracy theories on television. The same qualities that make Joseph diGenova appear foolish in the eyes of the American mainstream are the very qualities that make him appealing to Trump.

Attorney Joseph E. diGenova, ca. 2016 (Image: C-SPAN)—and that is all well and fine insofar as it goes. One need not protest, though, in order to recall general questions of White House morale and who might wish to work for the Trump administration, and from there specifically point out that eventually there will only be diverse manners of true believers left to answer the call. In this context, Joe diGenova might not be the best man for the job—

For those who support the president and want him to succeed, none of this is good news. Trump is facing a serious scandal of historic significance, which may very well bring his presidency to a premature end. He needs the best legal defense possible.

I’m not sure he’s getting it. Trump—who already had to replace the former head of his legal team, who seemed completely out of his depth—has assembled a group of attorneys who haven’t necessarily served him especially well, and he’s now adding a conspiracy theorist whom the president probably saw on Fox News, peddling a strange tale with no basis in fact.

—but could well be the last best attorney to take up President Trump’s defense.

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Image notes: Top —President Donald Trump. (Photo: Angelo Carconi/ANSA)  Right — Attorney Joseph E. diGenova (Image: C-SPAN)

Benen, Steve. “Trump’s new defense attorney burdened by a controversial past”. msnbc. 19 March 2018.

Your Tweet of the Day: McCabe Memos

#DimensionTrump | #WhatTheyVotedFor

This is the thing about melodrama and hyperbole:

Republican source to me just now: “The McCabe Memos are the new Pentagon Papers.” #MuellerTime

Joy Reid

For all the times Republicans bawled about the Obama administration as a Watergate-valence scandal, it is easy enough to be wary of an invocation so spectacular as the Pentagon Papers. Nonetheless, we might recall that melodrama and hyperbole are precisely #WhatTheyVotedFor, even if it hurts who they voted for.

And this does not begin to account for the long Republican habit of challenging thresholds, because the hard part about explaining that is found in the aspect of what is appropriate or not to speculate, project, conclude, or otherwise say about our neighbors.

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A Note Aside: Something About Perspective

#DimensionTrump | #WhatTheyVotedFor

Composite: President Donald Trump photo by Reuters, 2017; Puti-Toots protest image.

This is called a digression, and it is not hard to guess its provenance. The other name for this exercise is, writing yourself into a hole. Still, the brazen stupidity of the Trump administration is mystifying unless we reconcile ourselves to some aspect of the irrelevance of norms insofar as we are dealing with a phenomenon akin to the nexus of gaslight and sincerely held belief and overlooking some aspect of perspective that would otherwise explain why the grace of subtlety, or even the tired comfort of basic competence come to seem anathema in #DimensionTrump.

White House Press Secretary Sean Spicer attempts to demonstrate the difference between government and the Republican health care agenda during a daily press briefing at the White House in Washington, D.C., 7 March 2017. (Photo: Carlos Barria/Reuters)Note aside: It is hard to figure what to do with an inchoate question having to do with the idea of new and old guards, or, such as it is, institutional traditionalism and institutional insurgency. Former White House Press Secretary Sean Spicer has already spent time with the Mueller investigation; while his reputation as a low-skill bullshit artist was well-established during his time as RNC flak, he still bore some connection to an older way of doing things in the Republican Party. That is, with the jig up, it appears he told the Special Counsel’s Office what they wanted to know, and might well end up with no greater culpability than his reputation already earns him. It is hard to imagine how Sarah Huckabee Sanders would answer the Mueller investigation, but appearances, as such, are what drive the amorphous question about generational differences among conservatives. Where the old guard parses carefully and others might seethe at the appearance of will, there is a newer phenomenon by which people simply give voice to their violations as if it has never occurred to them that such behavior is problematic.

White House Senior Advisor Kellyanne Conway speaks to Chuck Todd on Meet the Press, 22 January 2017. (Detail of frame from NBC News)Remember the proposition of alternative facts; it is one thing to wonder if we are laughing at absurdity or genuine malady. This is #DimensionTrump; the President will hang his comms shop to boast of obstructing justice; Donald Jr. hands over emails that appear to convict him. With Hope Hicks on the record, apparently, that part of her job was to lie for the White House, and one former Press Secretary having already spoken with and given documents to the Mueller investigation, it starts to feel impossible that Sarah Huckabee Sanders would avoid the Special Counsel’s Office, and we might wonder what happens if she works to evade under question. One need not be Sam Nunberg to suggest the White House Press Secretary “does Trump’s dirty business”, or that, Huckabee Sanders is “terrible”, at her job.

Sarah Huckabee Sanders. (Photo: Evan Vucci/AP Photo)Perhaps it is a difference of cognizance. Some will rail against criticism or even criminal charges because they must, despite their culpability. There are those, however, who will never understand why their culpability is culpability. If we recall a time not so long ago during which conservatives fixated on the proposition of “sincerely held beliefs” entitling exemption to obligations under law—e.g., discrimination in bakeries, hospitals, &c.—then we might propose, in the moment, to witness what we might otherwise hope is the crest of that wave: Can we imagine Sarah Huckabee Sanders attempting to hold out under scrutiny from the Mueller investigation, according to sincerely held beliefs in alternative facts?

At some point, someone in the #trumpswindle is going to throw down explicitly that, certainly, they said this and did this other thing but it’s not illegal because they say so.

At what point does it occur to these people that, yes, they really can get in trouble for what they are doing? How many will recognize the danger before Mueller calls them in? How many will never understand why this is happening to them?

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Image note: Top — Composite of President Donald Trump (Photo: Reuters) and Puti-Toots (Credit: Unknown).  Right — Former White House Press Secretary Sean Spicer (Photo: Carlos Barria/Reuters); White House Senior Advisor Kellyanne Conway (Image: NBC News); White House Press Secretary Sarah Huckabee Sanders (Photo: Evan Vucci/AP Photo)

Nuzzi, Olivia. “Sam Nunberg on Mueller, His Media Spree, and His Message for Trump”. New York. 6 March 2018.

Not Exactly Subtle

#PutiPoodle | #WhatTheyVotedFor

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

This is all ritual, right?

When asked—three times—at a White House press briefing about Russia’s link to the poisoning or any possible repercussions for the country from the U.S., Sanders carefully did not say “Russia”—or otherwise address who may have been responsible for the attack. She characterized it as an “indiscriminate” attack, although British authorities have concluded that Skripal was clearly targeted.

Sarah Huckabee Sanders. (Photo: Evan Vucci/AP Photo)“We’ve been monitoring the incident closely, take it very seriously,” Sanders said. “The use of a highly lethal nerve agent against U.K. citizens on U.K. soil is an outrage. The attack was reckless, indiscriminate and irresponsible. We offer the fullest condemnation.”

“So you’re not saying that Russia was behind this?” a reporter asked.

“Right now, we are standing with our U.K. ally,” Sanders said again. “I think they’re still working through even some of the details of that.”

Pressed a third time, an annoyed Sanders answered, “Like I just said, we stand with our ally and we certainly fully support them and are ready if we can be of any assistance.”

(Papenfuss)

That is, just to be clear: We put up with the lying farce that is the Trump administration every day according to some pretense that we all recognize what is happening and it ought to be over, eventually, when Mueller and the American Way of Truth and Justice finally come through.

Right?

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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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The Plot Twist (Squeaky Gates)

#DimensionTrump | #WhatTheyVotedFor

Special Counsel Robert Mueller (AP Photo)

This is hard to overlook. Los Angeles Times reports:

A former top aide to Donald Trump’s presidential campaign will plead guilty to fraud-related charges within days—and has made clear to prosecutors that he would testify against Paul J. Manafort Jr., the lawyer-lobbyist who once managed the campaign.

Rick Gates departs U.S. District Court on Wednesday, Feb. 14, 2018, in Washington, D.C. (Alex Brandon/Associated Press)The change of heart by Trump’s former deputy campaign manager, Richard W. Gates III, who had pleaded not guilty after being indicted in October on charges similar to Manafort’s, was described in interviews by people familiar with the case.

“Rick Gates is going to change his plea to guilty,” said a person with direct knowledge of the new developments, adding that the revised plea will be presented in federal court in Washington “within the next few days.”

Caroline Orr, meanwhile, rightly recalls that “Gates was still making regular trips to the White House through at least June 2017”, noting the Daily Beast, circa June last:   (more…)

What Rosenstein Said

#PutiPoodle | #WhatTheyVotedFor

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)

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”.

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