The Daily Parker

Attorney General William Barr's behavior since taking office, and especially over the past week, demonstrates the need for the United States to do what 43 other states already do: elect the Attorney General.

Here's my proposed Constitutional amendment:

Sec. 1. The chief legal officer of the United States and chief executive officer of the Department of Justice shall be an Attorney General, elected by the People for a term of four years, to commence on January 10th of the third year following the most recent election of the President.

Sec. 2. No Person shall be eligible to the Office of Attorney General who shall not have attained to the age of thirty years, and been nine years a Citizen of the United States, and been seven years a resident within the United States.

Sec. 3. No person shall be elected to the office of the Attorney General more than twice, and no person who has held the office of Attorney General, or acted as Attorney General, for more than two years of a term to which some other person was elected Attorney General shall be elected to the office of the Attorney General more than once.

Sec. 4. No person who has held the office of Attorney General, or acted as Attorney General, shall serve in any Office created by Articles II or III of this Constitution, or legislation based thereon, until four years have passed after serving as Attorney General.

Sec. 5. The Attorney General shall have the power to appoint and remove, with the advice and consent of the Senate, a United States Attorney for each Judicial District that Congress may establish, and a Deputy Attorney General, who shall assume the office of Attorney General should the office become vacant during the term of office. The Attorney General shall have the power to appoint other officers of the Department of Justice as Congress may provide by legislation.

Sec. 6. This article shall take effect on January 10th of the third year following its ratification.

Section 1 establishes that the office and the department she runs are separate from the Executive Branch, and chosen in the midterm elections. Section 2 sets the requirements for office to be the same as for US Senator. Section 3 sets term limits in the same language as the 22nd Amendment. Section 4 shuts the revolving door, except a former AG can still run for Congress. Section 5 gives the AG, and not the President, the power to appoint US Attorneys and her own deputy, with Senate approval; but she can appoint other officers that Congress may create without Senate approval. Section 6 gives the Executive-branch Justice Department two years to fully devolve into its own Constitutional realm.

If this were to be ratified in 2024, for example, we would vote for AG in November 2026 and swear her in on 10 January 2027. That person would then serve until 2031, and be ineligible to serve in the Executive branch or as a Federal judge until 2035.

Thoughts?

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.

The Washington Post this morning has two pieces with impressive bylines, both warning about the path the United States is walking right now. First, Salman Rushdie:

In my life, I have seen several dictators rise and fall. Today, I’m remembering those earlier incarnations of this unlovely breed.

In India in 1975, Indira Gandhi, found guilty of electoral malpractice, declared a state of emergency that granted her despotic powers. The “emergency,” as it became known, ended only when she called an election, believing she would win, and was annihilated at the polls. Her arrogance was her downfall. This cautionary tale formed a part of my novel “Midnight’s Children.”

In Pakistan in 1977, Gen. Mohammed Zia ul-Haq staged a coup against Prime Minister Zulfiqar Ali Bhutto and executed him in 1979. This dark story was the inspiration for my novel “Shame.” The circumstances of my life have given me some understanding of the dictatorial cast of mind.

Extreme narcissism, detachment from reality, a fondness for sycophants and a distrust of truth-tellers, an obsession with how one is publicly portrayed, a hatred of journalists and the temperament of an out-of-control bulldozer: These are some of the characteristics.

President Trump is, temperamentally, a tinpot despot of this type. But he finds himself in charge of a country that has historically thought of itself — by no means always correctly — as being on the side of liberty. So far, with the collusion of the Republican Party, he has ruled more or less unchecked. Now an election looms, and he is unpopular, and flails about looking for a winning strategy. And if that means trampling over American freedoms, then so be it.

Second, a coterie of 89 former defense and military officials demonstrate all-party condemnation of the president's use of the military:

President Trump has given governors a stark choice: either end the protests that continue to demand equal justice under our laws, or expect that he will send active-duty military units into their states. While the Insurrection Act gives the president the legal authority to do so, this authority has been invoked only in the most extreme conditions when state or local authorities were overwhelmed and were unable to safeguard the rule of law. Historically, as Secretary Esper has pointed out, it has rightly been seen as a tool of last resort.

Beyond being unnecessary, using our military to quell protests across the country would also be unwise. This is not the mission our armed forces signed up for: They signed up to fight our nation’s enemies and to secure — not infringe upon — the rights and freedoms of their fellow Americans. In addition, putting our servicemen and women in the middle of politically charged domestic unrest risks undermining the apolitical nature of the military that is so essential to our democracy. It also risks diminishing Americans’ trust in our military — and thus America’s security — for years to come.

The members of our military are always ready to serve in our nation’s defense. But they must never be used to violate the rights of those they are sworn to protect.

Know hope.

First, four publishers have sued the Internet Archive for "mass copyright infringement" following IA temporarily suspending waiting lists on borrowing e-books:

The plaintiffs — John Wiley & Sons and three of the big five U.S. publishers, Hachette Book Group, HarperCollins and Penguin Random House — are trying to block the nonprofit group's operations and recover damages for scores of allegedly infringed works.

"Its goal of creating digital copies of books and providing them to whomever wants to download them reflects a profound misunderstanding of the costs of creating books, a profound lack of respect for the many contributors involved in the publication process, and a profound disregard of the boundaries and balance of core copyright principles," the publishers argued.

The Internet Archive didn't respond immediately to NPR's request for comment on Wednesday. But in a statement issued Monday, Brewster Kahle of the Internet Archive expressed the group's disappointment with the lawsuit.

"As a library, the Internet Archive acquires books and lends them, as libraries have always done. This supports publishing, authors and readers. Publishers suing libraries for lending books, in this case protected digitized versions, and while schools and libraries are closed, is not in anyone's interest," Kahle said. "We hope this can be resolved quickly."

Second, Netflix has defended a worldwide trademark on "Space Force," to the chagrin of the United States Space Force:

When Donald Trump has discussed the newest branch of the U.S. armed services, he struck a bellicose tone. "Space is a war-fighting domain just like the land, air and sea," the president told an audience of Marines in March 2018. Two years later, after Congress appropriated money for his vision for a Space Force, and Trump held an Oval Office ceremony to unveil the official flag of the unit, he added that it was high time the country moved to protect strategic American space infrastructure. "As you know, China, Russia, perhaps others, started off a lot sooner than us," Trump said.

But his administration has proven dovish when it comes to protecting the "Space Force" name itself. On May 29, Netflix premiered its comedy series Space Force, from The Office showrunner Greg Daniels and star Steve Carell. The U.S. military has done nothing to stop the streamer’s satirical take, nor could it thanks to the First Amendment. But less noticed is how around the globe, the streaming giant has outmaneuvered the U.S. government to secure trademark rights to "Space Force" in Europe, Australia, Mexico and elsewhere. Meanwhile, the Air Force merely owns a pending application for registration inside the United States based on an intent to use. Meaning that the feds have gotten a place in line but no confirmed trademark rights thus far.

That's not necessarily a problem. Netflix can produce a television series without confusing consumers, just as the military can train fighting astronauts without anyone mistakenly thinking the streamer is sponsoring such an academy.

Conflict potentially arises when trademark users begin trafficking in similar products. Imagine for a moment that a “Space Force” jumper begins appearing in retail stores. Who’s selling? The U.S. military or Netflix? Trademarks help clarify the source of goods and services.

I'll just stick with US Navy-branded goods—or just call them both "Bruce"—to avoid confusion.

As CNN reporter Omar Jimenez and his crew asked riot police where they would like them to move early this morning, the police abruptly arrested the group:

Minnesota Governor Tim Walz spoke with CNN president Jeffrey Zucker shortly after:

Mr. Walz told Mr. Zucker that the arrest was “inadvertent” and “unacceptable,” according to CNN’s account of the call. By about 6:30 a.m. local time, the crew had been released and was back on television.

“Everyone, to their credit, was pretty cordial,” Mr. Jimenez said of his interaction with the police officers after his arrest. “As far as the people that were leading me away, there was no animosity there. They weren’t violent with me. We were having a conversation about just how crazy this week has been for every single part of the city.”

At a news conference on Friday, Mr. Walz issued what he called “a very public apology” to CNN for the morning’s events, saying, “I take full responsibility; there is absolutely no reason something like this should happen.”

Christiane Amanpour, CNN’s chief international anchor, wrote on Twitter that “arresting journalists is the kind of thing that happens in dictatorships and authoritarian regimes. We live in a democracy.” Bret Baier of Fox News wrote that “this should never have happened. Period.”

The presumptive Democratic nominee for president, former Vice President Joseph R. Biden Jr., weighed in on the incident in a Twitter post on Friday. “This is not abstract: a black reporter was arrested while doing his job this morning, while the white police officer who killed George Floyd remains free,” Mr. Biden wrote. “I am glad swift action was taken, but this, to me, says everything.”

Exactly. I expect that someone in the Minnesota State Patrol will get fired over this, but probably not the person who ordered the arrest. I find it shocking that this happened in Minneapolis, one of the most progressive cities in the country.

But police killings have not declined despite years of attempted reforms. As Radley Balko wrote today, "White people can compartmentalize police brutality. Black people don't have the luxury."

Since January 2019, Chicago has had only two months with above-average sunshine, and in both cases we only got 10% more than average. This year we're ticking along about 9% below, with no month since July 2019 getting above 50% of possible sunshine.

In other news:

• Former White House Butler Roosevelt Jerman, who served from 1957 to 2012, died of Covid-19 at age 91.
• One wonders, if the current White House had acted more propitiously, would Jerman have lived longer? Researchers suggest yes, if we'd locked down a week earlier, we would have 36,000 fewer Covid-19 deaths.
• The US saw 2.4 million more unemployment claims last week, bringing the national total to 39 million and Illinois' to 1 million.
• Ichan School of Medicine virologist Benjamen tenOever lays out how SARS-CoV-2 hijacks cellular machinery to suppress interferon production while boosting chemokines, which may explain why the virus is so damaging and hard to kill.
• President Trump "said the corrupt part out loud" in his threats to Michigan and Nevada yesterday, says Greg Sargent.
• Because it's 2020, and we haven't gotten through all the plagues yet, the National Oceanic and Atmospheric Administration predicts an above-average Atlantic hurricane season starting June 1st.
• What happens to cities that depend on giant cruise ships if the ships won't go there? (NB: Perfect time to visit Venice or Alaska right now, except for the virus.)
• Block Club Chicago lays out what could open if the state moves to Phase 3 of the "Restore Illinois" plan a week from tomorrow.
• Around the corner from where I lived until 2015, a condo association is suing the private school next door for fraud, alleging the Francis Parker School illegally attempted to take over the condominium board through straw-man condo purchases.
• The European Southern Observatory revealed evidence of planets forming around a nearby star.

Finally, having "walktails" with friends may be a thing, but because drinking alcohol on public streets in Chicago is prohibited by city ordinance, I cannot admit to ever doing this.

I read the news today, oh boy:

• Close to 2,000 former Justice Department and FBI officials called on Attorney General William Barr to resign, which he won't do because he's this close to total world domination.
• Former Acting Assistant Attorney General for National Security Mary McCord agrees.
• Chicago will open six new Covid-19 testing sites around the city in an effort to get to 10,000 tests per day.
• Pilot-journalist James Fallows says "air travel is going to be very bad, for a very long time."
• Cranky Flyer agrees, pointing to United's short-sighted efforts to preserve cash.
• Will white-collar companies ever re-open offices? Maybe, but with differences.

Finally, the USS Nevada, a battleship that survived World War I and Pearl Harbor until the Navy scuttled her in 1948, has been found.

Remember slow news days? Me neither.

• Republican legislators and business owners have pushed back on Illinois Governor JB Pritzker's plan to re-open the economy, preferring instead to force their employees into unsafe situations so they can return to making money.
• Professional dilettante Jared Kushner's leadership in getting a bunch of kids to organize mask distribution went about as well as one might predict.
• More reasonable people simply see how it means we're going to be in this a while.
• California has sued Uber and Lyft for violating AB5, claiming the two ride-sharing companies “gain an unfair and unlawful competitive advantage by inappropriately classifying massive numbers of California drivers as independent contractors,” according to California Attorney General Xavier Becerra.
• Assuming states were allowed to go bankrupt, Crain's Steven Strahler believes an Illinois bankruptcy might not be what anyone actually wants.
• Illinois' $560m shortfall in gasoline taxes right now has put transit projects at risk.
• The BBC tries to help the rest of the world understand why the US has a backlash against face masks, as does NBC.
• If you take New York, New Jersey, and Connecticut out of the equation, the number of Covid-19 cases continues to rise in the US.
• Bottled water sales have gone up 57% year-over-year, so Consumer Reports wants to know why people are paying so much for someone else's tap water? Especially since bottlers often don't pay their water bills while residents are getting their water shut off.
• Anyone remember that it's the 20th anniversary of the ILOVEYOU virus?

And finally, a cute diner in Toronto where I had breakfast last June has moved to delivery service during the lockdown. Too bad they can't deliver to Chicago.

That seems like a reasonable conclusion based on recent statements from conservative broadcasters:

At the heart of their campaign is a skepticism over the advice offered by experts and a willingness to accept a certain number of deaths to incur fewer economic costs.

Many also see in the mass shutdowns and shelter-in-place policies a plot to push the country to the left.

[Glenn] Beck, for example, suggested Democrats were trying to “jam down the Green New Deal because we’re at home panicked.” Heather Mac Donald, a conservative thinker and Thomas W. Smith fellow at the Manhattan Institute, sees the restrictions as “a warm-up for their wish-list of sweeping economic interventions.”

A less common line of argument that has also been picked up by Trump comes from the religious conservative camp, a sure sign that the debate about public health and the economy has also become part of the nation’s long-running culture wars.

Reno, in an article entitled “Say No to Death’s Dominion,” called the widespread shutdowns of nursing homes and churches the result of a “perverse, even demonic atmosphere” that was preventing people from practicing their faith. The closures, he argued, were evidence of Satan preying on the fear of death.

The Independent UK takes a stab at understanding why:

The reason for the president’s rapid about turn may be no more simple than people may guess.

Covid-19 has not become any less deadly, or infectious.

Rather, as Axios reported earlier in the day, the president has grown tired with the advice of health officials whose recommendations will likely result in financial meltdown. That is not something he wants to have on his back as he campaigns for re-election.

Exactly. It's all about Trump. As long as "the economy"—i.e., equity markets and the immense stores of wealth they represent—keeps ticking along nicely, everything is fine, even if a few people in big cities have to suffocate on their own blood because the president has refused to send ventilators.

At least the president can't order states to end quarantines, according to University of Texas Law School Associate Dean Bobby Chesney. But he can encourage such things, and many parts of the country will listen.

Via Schneier, it seems that our security services have not done a great job at, you know, security:

[J]ust how bad is the CIA’s security that it wasn’t able to keep [accused leaker and former CIA sysadmin Joshua] Schulte out, even accounting for the fact that he is a hacking and computer specialist? And the answer is: absolutely terrible.

The password for the Confluence virtual machine that held all the hacking tools that were stolen and leaked? That’ll be 123ABCdef. And the root login for the main DevLAN server? mysweetsummer.

It actually gets worse than that. Those passwords were shared by the entire team and posted on the group’s intranet. IRC chats published during the trial even revealed team members talking about how terrible their infosec practices were, and joked that CIA internal security would go nuts if they knew. Their justification? The intranet was restricted to members of the Operational Support Branch (OSB): the elite programming unit that makes the CIA’s hacking tools.

Oh dear. We used to have the best tools and people in the world. Now it just looks like we have a bunch of tools.