The Daily Parker

Politics, Weather, Photography, and the Dog

"Unprecedented, historic corruption"

The pardon power granted in Article II of the Constitution exists so that the President can save people from true miscarriages of justice. Well, originally, anyway. Now it exists to save President Trump's friends from their own misdeeds, as demonstrated once again last night:

President Trump has said he learned lessons from President Richard M. Nixon’s fall from grace, but in using the power of his office to keep his friend and adviser Roger J. Stone Jr. out of prison he has now crossed a line that even Mr. Nixon in the depths of Watergate dared not cross.

For months, some of Mr. Trump’s senior White House advisers warned him that it would be politically self-destructive if not ethically inappropriate to use his clemency power to help Mr. Stone, who was convicted of lying to protect the president. But in casting aside their counsel on Friday, Mr. Trump indulged his own sense of grievance over precedent and restraint to reward an ally for his silence.

Democrats immediately condemned the commutation of Mr. Stone’s 40-month prison term and vowed to investigate, just as Mr. Trump’s advisers had predicted they would. Speaker Nancy Pelosi, calling the move an act of “staggering corruption,” said she would pursue legislation to prevent the president from using his power to protect those convicted of a cover-up on his own behalf, although that would face serious constitutional hurdles and presumably would never be signed into law by Mr. Trump.

Utah US Senator Mitt Romney (R) condemned the action immediately:

So did just about everyone else except other Congressional Republicans:

The list goes on. All of them seem to agree with Max Boot: "the worst president ever keeps getting worse."

Let's recall what Roger Stone did: he acted as an interlocutor between the Trump 2016 Campaign and the Russian intelligence services to help get Trump elected, and then lied in court about this to protect his boss. (Fun fact: it's not illegal to work with an adversarial intelligence service openly. The crime here was providing foreign aid to an election campaign.) Some might call that pattern of behavior treason. Some certainly would if the perpetrator were a Democrat, or if the president were one. But not the modern Republican party.

As Roger Cohen wrote yesterday, we're going into "the most dangerous phase of Trump's rule," and we're still 115 days from the election.

No debates unless...

Tom Friedman gives Joe Biden some good advice:

First, Biden should declare that he will take part in a debate only if Trump releases his tax returns for 2016 through 2018. Biden has already done so, and they are on his website. Trump must, too. No more gifting Trump something he can attack while hiding his own questionable finances.

And second, Biden should insist that a real-time fact-checking team approved by both candidates be hired by the nonpartisan Commission on Presidential Debates — and that 10 minutes before the scheduled conclusion of the debate this team report on any misleading statements, phony numbers or outright lies either candidate had uttered. That way no one in that massive television audience can go away easily misled.

Of course, Trump will stomp and protest and say, “No way.” Fine. Let Trump cancel. Let Trump look American voters in the eye and say: “There will be no debate, because I should be able to continue hiding my tax returns from you all, even though I promised that I wouldn’t and even though Biden has shown you his. And there will be no debate, because I should be able to make any statement I want without any independent fact-checking.”

We'll see. But really, Biden has no reason to debate Trump otherwise. (Note: I am a financial contributor to Joe Biden's campaign.)

In other news:

Back to coding.

After-work reading

I was in meetings almost without break from 10am until just a few minutes ago, so a few things have piled up in my inbox:

And no matter where you are in the world, you can attend Apollo After Hours next Friday at 19:00 CDT / midnight UTC. It's going to be a ton of fun.

Thanks, imbeciles

Because Covid-19 infections have started to climb again after just a few weeks of slowly dropping, the worst-affected states (coincidentally those with Republican governors who really, really wanted to re-open the economy) have had to slam on the brakes again.

John Scalzi is pissed:

Nearly every other Western country in the world has seen their infection rates drop down from the March/April time frame, but we haven’t, and now our leaders want to suggest that this is just the way it is and we’ll have to “live with it.” In fact, it’s not the way it is, or at least, wasn’t what it had to be. The reason we’re in this mess is that the GOP followed Trump’s lead in deciding this was a political issue instead of a health and science issue, and radicalized its base against dead simple measures like wearing masks and other such practices, and against waiting until infection rates dropped sufficiently to try to open up businesses again, because apparently they thought capitalism was magic and would work without reasonably fit humans.

It also means that all that time we spent in quarantine in March, April and May was effectively for nothing, and that if we want to actually get hold of this thing we’ll have to go back in quarantine again, at least through September and possibly for all of the rest of 2020.

We could have managed this thing — like nearly every other country has — if we had political leadership that wasn’t inept and happy to use the greatest public health crisis in decades as political leverage for… well, who knows? Most of the areas being hit hardest now — places like Florida, Arizona, and Texas — are deep red states; there is no political advantage to be had by having them hit by infection and death and economic uncertainty four months before a national election. The fact that Joe Biden is currently in a statistical tie with Trump in Texas voter polls should terrify the GOP. I don’t expect Biden to get Texas’ electoral votes in November, but honestly it shouldn’t even be this close now. And the thing is, things are almost certainly going to get worse in Texas before they get better.

Every vote for President Trump in November is a vote for this abject stupidity.

Today's lunchtime reading

As I take a minute from banging away on C# code to savor my BBQ pork on rice from the local Chinese takeout, I have these to read:

And today's fortune cookie says: "Hope for the best, but prepare for the worst in bed."

In the news this morning

Vox has called the US Senate Democratic Party primary in Kentucky for Amy McGrath, but the main national outlets don't have it yet. [Note: I have contributed financially to Amy McGrath's campaign.] So while I wait for confirmation from the Washington Post (or, you know, the Kentucky State Board of Elections), here's other fun stuff:

Finally, Jeffrey Toobin attempts to explain "Why the Mueller Investigation Failed."

Update: NBC calls Kentucky for McGrath.

In the real world, these would both be career-ending gaffes

This morning, President Trump re-Tweeted a racist video that included a supporter yelling "white power," thanking the elderly Florida gentleman in question for his support. Even though that would end most other presidencies right there, it turns out that this weekend has seen even worse behavior throughout his administration:

Five months after the novel coronavirus was first detected in the United States, a record surge in new cases is the clearest sign yet of the country’s historic failure to control the virus — exposing a crisis in governance extending from the Oval Office to state capitals to city councils.

President Trump — who has repeatedly downplayed the virus, sidelined experts and misled Americans about its dangers and potential cures — now finds his presidency wracked by an inability to shepherd the country through its worst public health calamity in a century. The dysfunction that has long characterized Trump’s White House has been particularly ill-suited for a viral outbreak that requires precision, focus and steady leadership, according to public health experts, administration officials and lawmakers from both parties.

A similarly garbled message for the country has also been put forward by the president’s top aides and other senior administration officials, who contradict one another on a daily basis. On Friday, Vice President Pence used the first White House coronavirus task force briefing in almost two months to praise Trump’s handling of the virus and cast aside concerns about a record spike in new infections.

“We have made a truly remarkable progress in moving our nation forward,” Pence said, a few minutes after announcing that more than 2.5 million Americans had contracted the coronavirus. “We’ve all seen the encouraging news as we open up America again.”

Later Friday, the United States recorded more than 40,000 new coronavirus cases — its largest one-day total.

As one political scientist observed, "We're the only country in the world that has politicized the approach to a pandemic."

We need to get rid of these clowns on November 3rd.

So much to read

I'm back in the office tomorrow, after taking a 7:15 am call with a colleague in India. So I won't spend a lot of time reading this stuff tonight:

OK, I need 3,700 steps before 10pm, and then I need to empty my dog and go to bed.

What just happened in SDNY?

On Friday night, US Attorney General William Barr announced that Jeffrey Berman, the US Attorney for the Southern District of New York, had resigned. Minutes later, Berman said "the hell I have."

A couple of problems immediately present themselves when you think about this. First, only the president can fire a US Attorney. (President Trump finally did that last night.) Second, the highest law-enforcement official in the country, lied in writing about this. Third, the SDNY has multiple, ongoing investigations into the president's associates and businesses. Fourth, Barr's first announcement of Berman's replacement (a well-known Trump fellatist supporter) flouted the actual black-letter law giving that power to the judges of the SDNY (who, in fact, appointed Berman).

Calling this "extraordinary" doesn't do justice to the violence this dealt to the rule of law.

The Times:

The attorney general’s interventions in high-profile cases involving the onetime Trump advisers Roger J. Stone Jr. and Michael T. Flynn have prompted accusations from current and former law enforcement officials that Mr. Barr has politicized the department.

Over the last year, Mr. Berman’s office brought indictments against two close associates of the president’s current lawyer, Mr. Giuliani, and began an investigation into Mr. Giuliani himself, focusing on whether his efforts to dig up dirt in Ukraine on the president’s political rivals violated laws on lobbying for foreign entities.

Mr. Berman’s office also conducted an investigation into Mr. Trump’s inaugural committee, subpoenaing financial and other records as part of a broad inquiry into possible illegal contributions from foreigners.

David Kurtz doesn't stop at "accusations...Barr has politicized the department:"

We’re deep into the worst crisis in the history of the Justice Department, and it keeps deepening. This isn’t alarming for what it signifies or for what it suggests might happen next or because it raises vague future concerns. It’s alarming because this is the corruption and the wrongdoing and the malfeasance. Right here, right now. Not some theoretical future threat. This is the nightmare of a president run amok with a captive Justice Department. We’re there. We’re living it.

James Comey, who worked as an assistant US Attorney in SDNY early in his career, has also spoken up:

There has always been a tension — much of it healthy — between Washington and the Southern District, but the attempt to fire the current United States attorney feels very different. Geoffrey Berman’s office has apparently been handling cases very close to the president. In 136 days, there is an election that the incumbent appears likely to lose. The attorney general, surely not proceeding on his own, acts to bump the well-regarded head of the Office on a Friday night, in the middle of a pandemic. Something stinks.

The country is well-served by the independent spirit and reputation of the Southern District of New York. It has long been the place where hard cases could be done in a way Americans trusted. It was where Bill Clinton’s 11th-hour pardon of fugitive financier Marc Rich could be credibly investigated. It is also the place with jurisdiction over so much of this president’s complicated life.

And it is a place that follows the facts alone to reach conclusions, without regard to politics, just as [Henry L.] Stimson wanted. Maybe that’s why William P. Barr moved to knock off Berman on a Friday night and announced President Trump’s intention to replace him with someone who has never worked there. And maybe that’s why Berman, in the finest traditions of the office, stood up.

House Judiciary Chair Jerry Nadler (D-NY) has opened an investigation, with a hearing already scheduled for Tuesday.

How does he keep winning so much?

President Trump predictably went off the rails (which makes a big assumption about his relationship to said rails in the first place) after this morning's 5-4 Supreme Court decision essentially telling him he screwed up trying to screw over the Dreamers:

The vote was 5-4 with Chief Justice John Roberts casting the decisive fifth vote that sought to bridge the liberal and conservative wings of the court.

Roberts and the court's four liberal justices said the Department of Homeland Security's decision to rescind the Deferred Action for Childhood Arrivals program, or DACA, was arbitrary and capricious under the Administrative Procedure Act.

In his opinion, Roberts wrote: "The appropriate recourse is therefore to remand to DHS so that it may reconsider the problem anew."

The best President we've had in over three years held out for eight whole minutes before Tweeting:

He Tweeted a couple more dumb things later, shortly before Facebook took down an ad his re-election campaign paid for because it literally had Nazi symbols in it:

In its online salvo against antifa and “far-left mobs,” President Trump’s reelection campaign displayed a marking the Nazis once used to designate political prisoners in concentration camps.

A red inverted triangle was first used in the 1930s to identify Communists, and was applied as well to Social Democrats, liberals, Freemasons and other members of opposition parties. The badge forced on Jewish political prisoners, by contrast, featured a yellow triangle overlaid by a red triangle.

The red symbol appeared in paid posts sponsored by Trump and Vice President Pence, as well as by the “Team Trump” campaign page. It was featured alongside text warning of “Dangerous MOBS of far-left groups” and asking users to sign a petition about antifa, a loose collection of anti-fascist activists whom the Trump administration has sought to link to recent violence, despite arrest records that show their involvement is trivial.

“We removed these posts and ads for violating our policy against organized hate,” said Andy Stone, a Facebook spokesman. "Our policy prohibits using a banned hate group’s symbol to identify political prisoners without the context that condemns or discusses the symbol.”

We get to see this crap for another 138 days before we can vote this psychopath out of office.