The Daily Parker

Fordham Law School professor Jed Handelsman Shugerman says Attorney General Robert Barr got it exactly backwards:

The Mueller report, holding itself to the higher standard, concluded that it did not find proof beyond a reasonable doubt of criminal conspiracy with Russia. It also offered an explanation: Lies by individuals associated with the Trump campaign “materially impaired the investigation of Russian election interference.” Witnesses deleted emails and used applications with encryption or deletion functions, which also thwarted fact-finding. Part II of the report on obstruction explains why Part I may have fallen short of such a high burden.

Mr. Barr had the analysis backward in his summary letter. The failure to prove an underlying crime does not mean there was no obstruction. The obstruction meant that it became impossible to know whether there was a conspiracy beyond a reasonable doubt — and it impeded the Russian investigation. Mr. Barr then used that doubt to question whether there was the corrupt intent required by obstruction statutes. To the contrary, the preponderance of conspiracy evidence confirms the corrupt intent.

This conduct by President Trump, his son and his campaign manager and deputy campaign manager are probably civil violations of coordination for enforcement by the F.E.C. Presidents should not be impeached for civil election violations, but one should still be able to conclude that Mr. Mueller established coordination with the Russian government as a factual matter. And it may have been so egregious that it was a “high misdemeanor,” and the obstruction was not faithful execution of the law, especially in light of new historical evidence of its meaning.

Meanwhile, the machinery of congressional investigation churns along...

This morning two bad things happened to convicted felon and all-around slimy guy Paul Manafort. First, he got sentenced to another 47 months in jail as a result of his second conviction:

In [Federal] court Wednesday, Judge Amy Berman Jackson criticized Manafort and his defense attorneys for repeatedly blaming his hard fall from power on his decision to work for Trump, which attracted the attention of the special counsel investigating Russian interference in that campaign.

“This defendant is not public enemy number one, but he’s also not a victim either,” Jackson said. “There’s no question this defendant knew better, and he knew exactly what he was doing.”

The question of whether anyone in Donald Trump’s campaign “conspired or colluded with” the Russian government “was not presented in this case,” she said, so for Manafort’s attorneys to emphasize that no such collusion was proved, she said, is “a non-sequitur.”

Just minutes later, a state grand jury in New York indicted Manafort on 16 felony counts that could keep him in prison for the rest of his life:

The new state charges against Mr. Manafort are contained in a 16-count indictment that alleges a yearlong scheme in which he falsified business records to obtain millions of dollars in loans, [Manhattan district attorney Cyrus] Vance said in a news release after the federal sentencing.

“No one is beyond the law in New York,” he said, adding that the investigation by the prosecutors in his office had “yielded serious criminal charges for which the defendant has not been held accountable.”

The indictment grew out of an investigation that began in 2017, when the Manhattan prosecutors began examining loans Mr. Manafort received from two banks.

Remember, whatever clemency Manafort could get under the President's pardon power, that power does not extend to state crimes. The same goes with related state-level investigations into the Trump Organization and the president himself that appear to have started within multiple New York law-enforcement agencies.

Josh Marshall has written often that the Trump Organization's business "would never survive first contact with law enforcement." As anyone who has followed Donald Trump's career over the year knows, this is axiom. And it is happening.

The New York Times has published an interactive map showing the 2016 presidential election results at the precinct level. Generally, precincts are the smallest unit of reporting electoral data, often with just a few hundred people in them. My precinct, for example, has just over 1,000 residents and occupies less than 6 hectares.

A companion article breaks down how most of the precincts overwhelmingly went to one or the other candidate. Mine, for example, had 613 votes for Hillary Clinton and just 40 for Donald Trump. (And I'm wondering who the 40 could possibly be.)

The map we published also offers two bits of additional context to help you think about the 2016 vote.

First, we give you a measure of how the area around a precinct compares with other areas. That measure is based on the choices of the nearest 100,000 voters, as well as those within a 10-mile radius.

Second, we tell you how long it would take you to drive, without traffic, to the nearest precinct that voted for the other candidate of a major party. By these measures, for example, the area around the Times headquarters in Manhattan had a higher share of Clinton voters than 96 percent of the country, and the nearest Trump precinct, in Williamsburg, Brooklyn, is a 36-minute drive away.

It's total Daily Parker bait, of course.

Via Bruce Schneier, Michael Chertoff and Grover Norquist (of all people) explain in the Washington Post how we can make our elections more secure:

It should also be no surprise that hackers have U.S. voting systems in their sights. They’re a relatively easy target. Researchers have studied a range of electronic voting infrastructure — including touch screens, optical scanner systems and registration databases — and found serious vulnerabilities that could allow even moderately sophisticated attackers to pose threats to voting integrity. This year, about 40 states are set to use electronic voting or tabulation systems that are more than a decade old — many of which run on software that’s too old to be serviced with vendor security patches. A survey of nearly 300 election officials in 28 states found that a clear majority report needing new voting systems.

We believe there is a framework to secure our elections that can win bipartisan support, minimize costs to taxpayers and respect the constitutional balance between state and federal authorities in managing elections. In September, Mark Meadows (R-N.C.), who chairs the conservative House Freedom Caucus, introduced legislation that would help solve the problem with an elegantly simple fix: paper ballots. Meadows’s Paper Act would authorize cost-sharing with states for the replacement of insecure electronic systems with those that produce a voter-verified physical record. The bill also lays the groundwork for states to regularly implement risk-limiting audits — procedures that check a small random sample of paper records to quickly and affordably provide high assurance that an election outcome was correct.

Of course, the Trump administration has no interest in returning people's faith in the elections process. Like authoritarians everywhere, they benefit from FUD. So it's interesting seeing Chertoff and Norquist taking a position I completely agree with.

I'm heading back to the East Coast tonight to continue research for my current project, so my time today is very constrained. I hope I remember to keep these browser windows open for the plane:

• 538 examines why, a full year later, the 2016 election just won't go away.
• James Bridle says something is wrong on the Internet.
• Josh Marshall continues to bang the drum on President Trump's creeping authoritarianism. (Or, you know, not so much creeping as shambling, with all the zombie implications in the term. Says Marshall, "[I]ncompetence and authoritarian aren’t in tension. They tend to operate together, each catalyzing each other as both cause and effect.")
• On the same theme, yesterday the President called Chicago a "total disaster" because he doesn't understand how the lack of Federal gun laws makes our local regulations irrelevant.
• Last Friday, Andrew Sullivan wrote that the Democrats are failing the resistance. But Jeet Heer thinks our party's internecine conflicts are good for the party.
• Crain's Chicago Business lists the most indulgent dishes in Chicago.
• Chicago Magazine investigates the rash of suicides-by-train plaguing the area.
• WaPo describes the weirdness behind the attack on Senator Rand Paul over the weekend.
• Writing for CityLab, Carolyn Adolph says Seattle has fallen out of love with Amazon, with some implications for Chicago.
• Finally, Samuel Adams now has a $200 beer at 28 ABV. Not sure if I'll ever try it.

So much to do today...and then a short, relaxing, upgraded flight to BWI.

Via Bruce Schneier, last week the hacker convention DefCon hosted an event at which every single electronic voting machine tested got pwned within minutes:

Also, organizers revealed that many of these machines arrived with their voter records intact, sold on by county voting authorities who hadn't wiped them first.

While many people at the Voter Hacking Village zeroed in on the weak mechanical lock covering access to the machine's USB port, Synack worked on two open USB ports right on the back. No lock picking was necessary.

The team plugged in a mouse and a keyboard -- which didn't require authentication -- and got out of the voting software to standard Windows XP just by pressing "control-alt-delete." The same thing you do to force close a program can be used to hack an election.

Remember, Russian interference in the 2016 election wasn't designed to throw the election to Trump (though that was a "nice to have" for them), it was designed to reduce the public's faith in the entire Democratic system. I'm glad American voting machine manufacturers are helping them.

Nate Silver dives into a parallel universe with a thoughtful examination of alternative facts:

Clinton did manage one significant political accomplishment: getting Merrick Garland appointed to the Supreme Court. With the court set to consider a slate of landmark cases this year on matters including redistricting and abortion, the importance of that achievement should not be understated. But it came at a price. The deal she struck with Senate Majority Leader Mitch McConnell, which gave him input on several Cabinet appointments in exchange for his finding a few Republicans to back Garland, has come back to haunt her. The McConnell-approved choices, such as Attorney General Joe Lieberman and Interior Secretary Ryan Zinke, have often seemed to side more with congressional Republicans than with the White House. Furthermore, the deal meant Clinton paid for something — the Senate’s approval of well-qualified Cabinet and court picks — that other presidents have gotten for free.

Despite the roadblocks in Congress, Clinton does have the powers of the executive branch and all that entails. But since Democrats had already held the White House for eight years, there aren’t many presidential actions Clinton can take that Obama didn’t pursue already. Mostly, she’s been left to preserve his legacy, which Trump or another Republican president surely would have attempted to dismantle, especially in areas such as immigration, drug policy and criminal justice — and perhaps most importantly, Obamacare, which Trump repeatedly pledged to “repeal and replace” on the campaign trail. Fairly or not, it’s been hard for Clinton to get a lot of credit from the Democratic base for not undoing things as opposed to doing new things, and although she remains broadly popular with Democrats (with an 85 percent approval rating), her enthusiasm numbers are tepid.

The whole thing is worth a read.

Some stories from today:

• Andrew Sullivan sees Trump's insane Obama tweet as one more way to de-legitimize truth in general. Peter Beinart saw that too.
• President Trump, meanwhile, continues to claim credit for things that he had nothing to do with, like February's job numbers.
• There's new corroborating evidence that James Comey basically got Trump elected.
• Bruce Schneier calls for regulation of the Internet of Things.
• Peter Moskowitz sees gentrification as a long-term disaster for cities.
• Jeff Atwood reminds us that password rules are (still) bullshit.
• Tom Philpott thinks recipes are bad for you.

And, hey! It's Friday afternoon already.

High above the North Atlantic, our hero reads the articles he downloaded before take-off:

• Releasing to Production the day before a holdiay weekend? No. Just, no. OMFG no.
• American Airlines just won a lawsuit started by US Airways that opens up competition in airfare consolidation—maybe. Bear with it, because this one article explains a lot of what's wrong with competition in any endeavor today. (I'll find a link to the Economist print article I just read on this topic when I land.)
• The Washington Post helpfully provides 94 questions we Democrats are asking as we slouch towards a Trump presidency. Thanks, guys.
• In the spirit of Christmas, Citylab remembers when Manhattan had the El. (How is this about Christmas, you ask? No El.) It's interesting to me that only now, more than 60 years later, is New York replacing the east-side transit options with the Second Avenue Subway.
• Also from Citylab, an interview with Costas Spirou and Dennis R. Judd about their new book Building the City of Spectacle, how Mayor Richord M. Daley remade the city. (Note to self: buy their book.)
• Finally, the Deeply Trivial blog compiles a couple of videos every Star Wars fan should watch. I know for a fact that the author was born well past the Ewok Divide, and yet seems to have a good bead on the Star Wars universe. Perhaps there is hope for the galaxy.

Today's flight is remarkably fast. We caught the jet stream off the Labrador coast, and with about an hour to go, we're hurtling 1,074 km/h off the west coast of Ireland. This could end up the fastest trans-Atlantic flight I've ever been on, in fact. Details later.

N.B.: Most of the entries on this blog since 2011, and a good number of them going back to 1998, have location bugs that show approximately where I was when I wrote the entry. Click the globe icon directly below and it will call up Google Maps.

If I write an entry at my house, I use a street intersection a few hundred meters away for an approximate location. In a city of three (or, in 1998, seven) million, I feel that's enough privacy. Otherwise, I try to be accurate, even going so far as to whip out my mobile phone to get a GPS fix in flight, as I've just done. Why, you ask? Because it's cool, I reply.

So:

• Hillary Clinton officially won 2.9 million votes over Trump, making her the most popular losing candidate ever.
• What's this about a supervolcano in Italy?
• Christmas Day in Chicago will be unusually warm. I won't be here, but when I get back, my car will be out of its snowdrift (I hope).

OK, traveling tomorrow, reports as circumstances warrant.