The Daily Parker

Politics, Weather, Photography, and the Dog

Amphiboly, or how to define crimes down

Aaron Blake explains how President Trump's legal team have seized on the ambiguous term "collusion" to set up their ultimate strategy for getting him off the hook for criminal activity:

Rudolph W. Giuliani went on TV and blurted out the Trump team's Russia investigation strategy this weekend.

It is for public opinion,” Giuliani said on CNN, “because, eventually, the decision here is going to be impeach/not impeach. Members of Congress, Democrat and Republican, are going to be informed a lot by their constituents. So, our jury is the American — as it should be — is the American people.”

Basically, the word “collusion” isn't in the applicable criminal code; that's technically true. But the Justice Department has used the term in its own filings in Robert S. Mueller III's probe, and it's something of a blanket term that encompasses several potential crimes such as conspiracy, public corruption and coercion. Assisting a foreign power in influencing a U.S. election may not typically be called “collusion,” but it's almost certainly illegal. The media have used a somewhat generic, umbrella term in the absence of a specific, known and provable offense, and Trump and Co. have (rather smartly, I would argue) seized upon its vagueness to set the goal posts at “collusion.”

If Mueller does use the term “collusion” in his report, the argument will be: “But it's not even a crime!” Conversely, if he doesn't charge people with “collusion” but instead one of those other crimes, the argument will be: “They couldn't prove collusion, so they picked another crime!”

However it turns out, the defense will be built-in, and there will be plenty for GOP voters and lawmakers who use it to argue that the whole thing is a “witch hunt” — regardless of whether real crimes are involved.

Blake also cites a report that Trump supporters already believe the investigation is bogus, notwithstanding (a) actual convictions for actual crimes, and (b) that finding out whether the President of the United States shared information with a hostile foreign power is in everyone's interest.

We really, really need to take back the House in November, even if all we can do with the majority is get all this administration's malfeasance out into the open.

Depressing lunchtime reading

I've queued up a few articles to read while eating lunch. I just hope I don't lose said lunch after reading them:

Le sigh.

The whole truth

Former DNI James Clapper, now a private citizen (though one who knows a lot more about these things than almost everyone else), believes Russia threw our 2016 presidential election:

Clapper noted that the intelligence community’s formal 2017 assessment of Russian interference was not charged with assessing its impact. But this is exactly the point. It wasn’t the place of the intel community to place its imprimatur on this debate one way or the other. But now that Clapper is free to offer his own view, he believes Russia did swing the election — and he knows a lot more about the specifics of what Russia did than we do.

We probably will never know whether Russia’s interference — whose tip we only glimpsed in special counsel Robert S. Mueller III’s indictment of 13 Russian nationals for their sabotage plot — was sufficient to swing the election. The result had many causes. But allow me to point out that journalists regularly suggest, on an even flimsier basis, that this or that Hillary Clinton failing caused the outcome. Yet even asking whether Russian interference — or, say, James B. Comey’s 11th-hour intervention — might have been sufficient to swing a relative handful of votes is regularly greeted with knee-slapping ridicule, even though, as Brian Beutler has noted, every journalist knows that it is absolutely plausible.

But this Clapper claim has relevance well beyond whether Russian interference was decisive. It places the ongoing efforts by Trump and his allies to frustrate an accounting of what happened in a whole new light.

The key point is this. Even if you put aside whatever the Trump campaign did or didn’t do to conspire with Russian sabotage, what’s left is this obvious fact: Trump and his GOP allies don’t want to know the full story of what Russia’s operation entailed in and of itself, because it doesn’t concern them in the least, and indeed they are engaged in an active effort to keep that story suppressed.

Why might they not want the truth to come out? I mean, if I believed I were innocent of something someone accused me of, I'd want all the evidence of my innocence possible. (Remember the dialogue in Shawshank Redemption: "Since I am innocent of this crime, I find it decidedly inconvenient that the gun was never found.")

Meanwhile, Josh Marshall is tired of equivocation about what the President and his team are actually up to:

“Norms” aren’t laws for a reason. They are like bumpers on the roads of our civic and political life which are there to keep people of basically good faith from crossing lines they shouldn’t cross. They can also be warning posts so others can see when someone is either going down a bad path or needs to be brought back into line.

One reason that “norms” aren’t laws is that sometimes new or unique sets of facts create situations in which they do not or cannot or should not apply. But the problem with almost everything President Trump is doing today is not that he’s violating norms. The problem is that he is abusing his presidential powers to cover up his crimes and his associates’ crimes. Full stop.

Don't even get him started on "conflicts of interest:"

What we’re seeing now are not conflicts of interest. They’re straight-up corruption. It’s like “norms”. Defining “conflicts of interest” is meant to keep relatively honest people on the straight and narrow or create tripwires that allow others to see when people in power cross the line. Nothing like that is happening here. We have an increasingly open effort to make vast sums of money with the presidency. It’s happening in front of our eyes, albeit not quite as visibly as the coverup.

Future historians won't have any trouble coming to these conclusions. So why are people ignoring these things right now?

What sort of fish are you?

When reading Josh Marshall, one has to let any phrase starting with "big" go through several levels of filters before investing a lot of emotion into it. Many things, according to Marshall, are "big deals" and "big problems" for the President. Perhaps in a normal world, they would be; but here on Bizzaro World, so many things that would have ended another politician's career bounce off Trump's hair like clichés off a hack's keyboard.

Tonight, however, he may have chosen the right adjective phrase:

[A Michael] Cohen business partner...has agreed to cooperate [with prosecutors]. Bad news for Cohen. But here’s where it gets more interesting and complicated. These are not federal charges. They’re state charges. But the agreement obligates [Evgeny "Gene"] Freidman to cooperate with state and federal prosecutors, basically on an as-needed basis.

Freidman also got a very good deal. The charges he was looking at carried, in theory, as much as a hundred years of prison time. The deal he made will allow him to avoid any jail time. He’s literally getting a get-out-of-jail-free card. ... The state is basically walking away from a very big case and it’s not clear what kind of cooperation on other state prosecutions would merit such a generous deal. Freidman is also cooperating with the feds. You don’t do that unless you have a clear understanding that the the feds won’t come at your with further indictments based on your cooperation. Finally, note that this is a prosecution out of the office of the now-disgraced ex-New York Attorney General Eric Schneiderman, who we know was working assiduously to backstop Mueller’s probe with potential state charges.

[M]y sense is that federal prosecutors probably have more than enough to indict Cohen on various bank fraud- and financial fraud-type crimes. It’s always great to have more evidence, more pressure. But the kind of deal Friedman got seems like one that assumes something more than just adding to the evidence against Cohen on those sorts of crimes.

Don't get me wrong; I've read Marshall's blog since it started in the winter of 2000. He's usually absolutely correct about the facts but never quite right about the outcomes. In this case, he might be right about both.

Kim plays chess while Trump plays Chutes and Ladders

What happens when an id-driven man-child with no curiosity who loathes nuance and knowledge tries to negotiate a complex geopolitical deal with the most secretive regime in the world? One of them gets punked, bigly:

The North Koreans appear to have waited until Trump announced a date and a venue to shift gears and make clear that giving up their nuclear weapons was definitely not on the agenda. In the lead-up President Trump was veritably giddy. In late April Trump praised Kim as “very honorable” for his good faith negotiations in preparation for the summit and then later effused over his “excellent” treatment of US prisoners and how “nice” he had been to free them early. (22 year old Otto Warmbier received an unexplained fatal brain injury in North Korean custody last year.)

After all this it was just five days later when the North Koreans canceled a planning meeting and began signaling that “denuclearization” was not up for debate. It’s all pretty clear (and this was widely predicted by area experts). Kim waited and waited and waited, fluffed and fluffed and fluffed until Trump had locked himself into a time and a place before threatening to cancel and saying publicly North Korea would not give up its nuclear weapons. This way Trump is either faced with attending the summit in which the two men will meet as equals and with nuclearization not up for discussion or canceling a meeting upon which Trump has banked so much both domestically and internationally.

This might have something to do with President Trump not caring about the actual contents of the deal. He just wants a deal. Any deal. Whereas Kim really only wants legitimacy, which any photo showing him standing next to Trump will give him.

The Economist points out that this is, in fact, an old script:

South Korea’s unification ministry said the North’s about-face was “regrettable”. [South Korean president] Moon’s office did not even go that far, claiming the move was “just part of the process”. The White House said it had received no indication that the Singapore summit would not go ahead.

North Korea says the summit can proceed only if America is “sincere” about improving relations. But it is the North’s sincerity that has always been in question. At the very least, the kerfuffle is a reminder that until a few months ago, Mr Kim was seen as untrustworthy and belligerent. There is little reason to imagine he has changed.

If all it takes is for Kim to act like a reasonable negotiator for a few weeks for him to get literally everything he wants from the Trump administration, why would he behave differently?

And if Kim has even one percent more patience than Trump—not hard, given that Parker has at least ten—how difficult will this be, really?

Will we be able to undo the damage?

TPM's Zachary Roth thinks the latest developments in the Justice Department portend the end of its independence:

DOJ essentially taking orders from the president on this represents a level of political interference in the U.S. justice system that may go further even than anything else we’ve seen under Trump. It’s true that DOJ’s announcement back in March that it would probe the FISA issue came after weeks of agitation by Trump and his allies own Congress. But even that sequence of events felt less direct in terms of cause and effect than what played out on Sunday.

This isn’t to criticize Rosenstein. He may well have concluded that, given a set of bad options, the least bad was to hand the issue off to the IG, with the hope of defusing it. Trump allies are already calling it a “Potemkin investigation.”

But it’s worth recognizing what’s happened. Until Trump, it was basically thought that the appropriate response from DOJ to a demand by the president that it launch an investigation, especially on an issue of such political sensitivity, was to say: We’ll consider that on the merits like any other matter, but the president doesn’t dictate the department’s priorities.

I'm not sure things have gotten as bad as TPM thinks. (I almost never do.) But President Trump has done tremendous damage to the country's institutions already, and has two and a half years to do more. How will we fix the damage once he's finally out of office?

The art of the deal

North Korea may have pwned President Trump, for some pretty predictable reasons:

Most U.S. presidents would see North Korea’s threats as a test and would therefore neither budge from the U.S. negotiating stance nor allow our foe to dictate who advises the president. Whether Trump will crumble (as he did in offering China an olive branch on ZTE) remains to be seen. This should nevertheless serve as a warning for U.S. officials, and Trump specifically, to cut the happy talk and maintain a high degree of skepticism about Pyongyang’s intentions.

Trump’s insistence that “no one” has gotten as far as he has in negotiations with North Korea is misguided in several respects. First, we’ve actually had full-blown agreements with North Korea — which North Korea did not abide by. We’ve had many rounds of negotiations with North Korea over the years and even release of imprisoned Americans. Trump on the other hand has gotten nothing concrete from North Korea on its denuclearization; he has not gotten anything of lasting value. Second, the promise of a summit is already buying Kim some international stature and credibility while raising questions as to whether our South Korean partners have been engaged in some wishful thinking regarding the prospects for denuclearization. By offering North Korea a summit, Trump is now at risk of losing something of no strategic value — a world-class photo op — if he does not accede to North Korea’s table-setting demands for the summit. And should he ever get into a room with Kim, one can only imagine what he would give up to get his own version of “peace in our time.”

New Republic's Heather Souvaine Horn agrees:

Three and a half weeks ago, after North Korea announced it would be shutting down its nuclear tests, New Republic contributor Jon Wolfsthal cautioned not to celebrate President Donald Trump’s diplomatic victory just yet. Now, that analysis is looking remarkably prescient.

The reality, Wolfsthal wrote, was that any kind of lasting agreement with North Korea would take months to negotiate and years to implement. If America, led by an impatient president, walks away in frustration, then North Korea can “paint the United States as the unreasonable party.” By raising American expectations and then engaging in periodic obstructionism, Kim could be setting the talks up to fail. If the administration takes the bait, Wolfsthal argued, that would suit Kim just fine.

You know, I really want the U.S. to succeed in the world. Unfortunately, we have a child in the White House, looking out only for himself, and not competent even to understand where he's incompetent.

Four unrelated stories

A little Tuesday morning randomness for you:

Back to debugging acceptance tests.

Conservative journalism has changed a bit

Jeet Heer describes the vacuity of the current conservative media:

While Trump remains a divisive figure among conservative intellectuals, the space for debating his merits is dwindling in the right-of-center media. Both the dictates of the market and the demands of employers like Salem are pushing conservative pundits and journalists to act, as [Salem Media Group senior vice president Phil Boyce] put it, as trial lawyers who defend their client regardless of their private scruples. What happened at Salem is a microcosm for a larger shift in the conservative media.

Ben Howe, one of the RedState writers fired by Salem Media, lamented in The Daily Beast last week that “there is almost no original reporting” in the conservative media. Alex Pareene of Splinter offered a theory as to why: “A hostility to original reporting isn’t necessarily inherent to the Right—it’s just inherent to the Right we are currently stuck with. It is difficult, for example, to go out and report on the doings of the Trump administration and not come away with stories about how it is a den of incompetents and grifters, led by an unstable crook, without some very creative interpretations of whatever facts you uncover.”

Pareene’s analysis calls to mind the original injunction given to Ben Shapiro in 2016. Given who Trump is, the American right doesn’t need good reporters (who would only risk uncovering more scandals about Trump) nor do they even need effective ideological thinkers (who would only remark on Trump’s deviation from conservative orthodoxy). What the American right needs is good trial lawyers, mercenaries for hire who will defend the president no matter who they might privately think.

And given that a sizable minority of Americans gets its news from these media outlets, that is scary indeed.

 

Bigger, better swamp!

Conor Friedersdorf wants people who voted for President Trump to understand how much he's sold out the government:

The GOP base is drawn to media figures who support their president and quickly turn on those who criticize him as if they are guilty of a betrayal; for that reason, many populist-right pundits are reluctant to criticize the president or to delve deeply into the behavior of the swamp creatures he has enabled. Instead, they pander to the GOP base, keep them in the dark about important corruption—and so fail to keep the president and his associates accountable. That very betrayal of their audience is what creates the illusion of their loyalty.

I opposed electing Trump, but I’m always 100 percent honest with his supporters. And when I give specific examples of how he has failed to drain the swamp, some lash out at me for telling them truths that they don’t want to face, or angrily change the subject by pointing out that various establishment politicians have been guilty of flagrant cronyism in the past.

Wake up, Trump supporters—your country needs you to hold the man you elected accountable to his promises rather than blindly defending him to own liberals. Demand better or your country suffers.

I mean, I agree with Friedersdorf, but typically people who voted for Trump don't actually listen to people who didn't. We have to keep trying, though.