Saturday, February 22, 2020

Last Call For The Mustache And The King

Donald Trump will do everything he can to stop John Bolton's tell-all book from coming out about his crooked regime, and when that succeeds, he'll block every other tell-all book from coming out too.
President Trump has directly weighed in on the White House review of a forthcoming book by his former national security adviser, telling his staff that he views John Bolton as “a traitor,” that everything he uttered to the departed aide about national security is classified and that he will seek to block the book’s publication, according to two people familiar with the conversations.

The president’s private arguments stand in contrast to the point-by-point process used to classify and protect sensitive secrets and appears to differ from the White House’s public posture toward Bolton’s much-anticipated memoir. The National Security Council warned Bolton last month that his draft “appears to contain significant amounts of classified information,” some of it top secret, but pledged to help him revise the manuscript and “move forward as expeditiously as possible.”

“We will do our best to work with you to ensure your client’s ability to tell his story in a manner that protects U.S. national security,” Ellen Knight, senior director of the council’s records office, wrote in a Jan. 23 letter to Bolton’s attorney.

But the president has insisted to aides that Bolton’s account of his work in Trump’s White House, “The Room Where It Happened,” should not see the light of day before the November election, according to the two people familiar with the conversations, who spoke on the condition of anonymity to discuss internal White House deliberations.

Trump has told his lawyers that Bolton should not be allowed to publish any of his interactions with him about national security because they are privileged and classified, these people said. He has also repeatedly brought up the book with his team, asking whether Bolton is going to be able to publish it, they said.

Trump told national television anchors on Feb. 4 during an off-the-record lunch that material in the book was “highly classified,” according to notes from one participant in the luncheon. He then called him a “traitor.”

I agree with Steve M. here, the book will never see the light of day as long as Trump is in power and neither will any other book about Trump written by anyone connected with the White House.  As I said earlier, it's all about purging the unloyal so that they are not only silenced, but possibly imprisoned as well.

We're deep into that autocracy, guys.  It already may be too late.

 

Courting Disaster, Con't

Well ahead of the very real possibility that in June, the Roberts Court ends both legalized abortion and the separation between church and state, the five conservative justices on the Supreme Court are already doing the Trump regime's bidding openly, and Justice Sotomayor is calling them out on it.

On Friday evening, by a 5–4 vote, the Supreme Court allowed the Trump administration’s wealth test for immigrants to take effect in Illinois. All four liberal justices dissented from the order, which changes relatively little: Thanks to the conservative justices’ intervention in January, the wealth test was poised to take effect in 49 states, and Friday’s vote lets the government apply it in the last state left. What’s most remarkable about the decision is Justice Sonia Sotomayor’s withering dissent, which calls out—with startling candor—a distressing pattern: The court’s Republican appointees have a clear bias toward the Trump administration.

Trump’s wealth test marks a brazen attempt to limit legal immigration by forcing immigrants to prove their financial status to enter, or remain in, the United States. It goes far beyond any statute passed by Congress, forcing immigrants to demonstrate that they will be not a “public charge”—that is, they won’t rely on any public assistance, including Medicaid, housing vouchers, and food stamps. Because the policy departs so dramatically from federal law, several courts blocked its implementation in 2019. In January, however, the Supreme Court allowed the wealth test to take effect over the dissent of all four liberals. The majority did not explain its reasoning. But Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote a concurrence complaining that a district court had blocked it across the country, decrying the “rise of nationwide injunctions.”

Gorsuch’s opinion raised the possibility that the conservative justices disapproved of the scope of the district court’s injunction, not the reasoning behind it. If that were true, the conservatives should not have unsettled a narrower injunction limited to Illinois. But they did just that on Friday, once again without explaining themselves. Once again, the liberals dissented, but only Sotomayor wrote separately, in an opinion notable for its caustic tone and candid assessment of her colleague’s prejudices. “Today’s decision follows a now-familiar pattern,” Sotomayor began. “The Government seeks emergency relief from this Court, asking it to grant a stay where two lower courts have not. The Government insists—even though review in a court of appeals is imminent—that it will suffer irreparable harm if this Court does not grant a stay. And the Court yields.” In other words, SCOTUS rewarded the Department of Justice for short-circuiting the appellate process and demanding immediate relief.

“But this application is perhaps even more concerning than past ones,” Sotomayor continued. Previously, the DOJ “professed urgency because of the form of relief granted in the prior case—a nationwide injunction.” Now there’s no nationwide injunction, so there’s no apparent “urgency.” The DOJ “cannot state with precision any of the supposed harm that would come from the Illinois-specific injunction, and the Court of Appeals for the Seventh Circuit has scheduled oral argument for next week.” Yet SCOTUS lifted the injunction anyway. “It is hard,” Sotomayor wrote, “to say what is more troubling: that the Government would seek this extraordinary relief seemingly as a matter of course, or that the Court would grant it.”

Normally, “to justify upending the normal rules,” the government “must also show a likelihood of irreparable harm.” And “it has not made that showing here.” But this shortcut to SCOTUS has become “the new normal”; it has happened over and over and over again, as the DOJ leapfrogs over the lower courts to seize a victory at the Supreme Court. Sotomayor explained:

Claiming one emergency after another, the Government has recently sought stays in an unprecedented number of cases, demanding immediate attention and consuming limited Court resources in each. And with each successive application, of course, its cries of urgency ring increasingly hollow.


But the Supreme Court’s conservatives repeatedly accept the DOJ’s declarations of an “emergency,” giving Donald Trump whatever he wants.

Expect a lot more of this in the future, and then, well, a lot less of it as it won't be necessary to enjoin federal judges who are all working for Trump.  The damage to the Ninth Circuit, for example, has turned it into one of the most conservative appellate courts in the nation in just three years.

When President Trump ticks off his accomplishments since taking office, he frequently mentions his aggressive makeover of a key sector of the federal judiciary — the circuit courts of appeal, where he has appointed 51 judges to lifetime jobs in three years.

In few places has the effect been felt more powerfully than in the sprawling 9th Circuit, which covers California and eight other states. Because of Trump’s success in filling vacancies, the San Francisco-based circuit, long dominated by Democratic appointees, has suddenly shifted to the right, with an even more pronounced tilt expected in the years ahead.

Trump has now named 10 judges to the 9th Circuit — more than one-third of its active judges — compared with seven appointed by President Obama over eight years.

“Trump has effectively flipped the circuit,” said 9th Circuit Judge Milan D. Smith Jr., an appointee of President George W. Bush.

Here's the biggest problem:

Democratic appointees still make up the majority of active judges — 16 to 13. But the court also has judges on “senior status” who continue to sit on panels that decide cases. Senior status rank gives judges more flexibility but allows them to continue to work, even full time.

Of the senior judges who will be deciding cases on “merits” panels — reading briefs and issuing rulings — 10 are Republicans and only three are Democratic appointees, Smith said.

“You will see a sea change in the 9th Circuit on day-to-day decisions,” Smith predicted.


The biggest change will come in controversial cases that test the constitutionality of laws and the legal ability of presidents to establish contentious new rules. The 9th Circuit is weighing challenges to Trump on a wide array of issues, from immigration to reproductive rights, and the rightward tilt is likely to make it easier for the president to prevail.

And eight of the ten federal judges Trump has appointed have no experience being judges at all.  None.

It'll take the rest of my lifetime to fix the damage Trump has done, and that will take the miracle of getting him out of office in November.  Most likely America as we know it is lost, headed back to a functional autocracy based on white supremacy and where everyone else is considered an optional citizen.



Retribution Execution, Con't

The Great Purge of "disloyal" staff across the entire executive branch is now upon us, and Trump is hunting for anyone and everyone who serves the United States and not Dear Leader.

President Trump has instructed his White House to identify and force out officials across his administration who are not seen as sufficiently loyal, a post-impeachment escalation that administration officials say reflects a new phase of a campaign of retribution and restructuring ahead of the November election.

Johnny McEntee, Trump’s former personal aide who now leads the effort as director of presidential personnel, has begun combing through various agencies with a mandate from the president to oust or sideline political appointees who have not proved their loyalty, according to several administration officials and others familiar with the matter who spoke on the condition of anonymity to discuss internal deliberations.
The push comes in the aftermath of an impeachment process in which several members of Trump’s administration provided damning testimony about his behavior with regard to Ukraine. The stream of officials publicly criticizing Trump’s actions frustrated the president and caused him to fixate on cleaning house after his acquittal this month.

“We want bad people out of our government!” Trump tweeted Feb. 13, kicking off a tumultuous stretch of firings, resignations, controversial appointments and private skirmishes that have since spilled into public view.

The National Security Council, the State Department and the Justice Department are targets of particular focus, according to two administration officials, and there have recently been multiple resignations and reassignments at each of those agencies.
John C. Rood, the official in charge of Defense Department policy who had certified that Ukraine had met anti-corruption obligations, was let go this week. Victoria Coates, the deputy national security adviser who was viewed with suspicion by some White House aides, was removed from her post and was moved to an advisory position in the Energy Department.

McEntee spent part of this week asking officials in various Cabinet agencies to provide names of political appointees working in government who are not fully supportive of Trump’s presidency, according to administration officials.

The president instructed McEntee to find people in the administration who aren’t aligned with Trump and “get rid” of them, according to someone familiar with the president’s directive.
Trump did not provide additional specificity on what exactly he wanted beyond a workforce that more fully reflects his instincts, the person said, and it is unclear what criteria are being used to determine an official’s fealty to the president. McEntee’s discussions with Cabinet agencies were first reported by Axios.

The 29-year-old former campaign aide is planning to prepare a presentation for Trump about what he has found. While Sean Doocey, the former director of presidential personnel, reported to acting White House chief of staff Mick Mulvaney’s deputy, McEntee reports directly to the president, according to a senior administration official.

The only thing that matters now is loyalty to Trump, not loyalty to the country or rule of law.  Anyone left with a principled stance will be dragged out into the street and made and example of.  I fully expect dozens, if not hundreds of people to be scrapped in the next month or so.  Toadies will be rewarded with positions of power.  The adults in the room who were supposed to be keeping an eye on Trump, and using the power of institutional memory to keep the country on course, will be the first on the block.

The American autocracy isn't an exercise in "what if", folks.  The 2000+ posts with the Trump Regime tag aren't snappy nomenclature, it's an accurate description. It's happening right now.  With a compliant executive, compliant judicial and SCOTUS, and complaint Senate who has already bent their knee to him, we are inches away from being back into the darkest parts of American history.

Richard Grenell is just the start of these agents of chaos, his job is to lay the groundwork for Bill Barr to discredit the Mueller probe entirely so that when the arrests start, there's justification already in place.

Richard Grenell’s tenure as the nation’s top intelligence official may be short-lived, but he wasted no time this week starting to shape his team of advisers, ousting his office’s No. 2 official — a longtime intelligence officer — and bringing in an expert on Trump conspiracy theories to help lead the agency, according to officials.

Mr. Grenell has also requested the intelligence behind the classified briefing last week before the House Intelligence Committee where officials told lawmakers that Russia was interfering in November’s presidential election and that President Vladimir V. Putin of Russia favored President Trump’s re-election. The briefing later prompted Mr. Trump’s anger as he complained that Democrats would use it against him.


Joseph Maguire, the former acting director of national intelligence, and his deputy, Andrew P. Hallman, resigned on Friday. Mr. Grenell told Mr. Hallman, popular in the office’s Liberty Crossing headquarters, that his service was no longer needed, according to two officials. Mr. Hallman, who has worked in the office or at the C.I.A. for three decades, expressed confidence in his colleagues in a statement but also referred to the “uncertainties that come with change.”

The ouster of Mr. Hallman and exit of Mr. Maguire, who also oversaw the National Counterterrorism Center, allowed Mr. Grenell to install his own leadership team.

One of his first hires was Kashyap Patel, a senior National Security Council staff member and former key aide to Representative Devin Nunes, Republican of California and the former chairman of the House Intelligence Committee. Mr. Patel will have a mandate to “clean house,” CBS News reported, citing a person close to the matter.

Mr. Patel was best known as the lead author of a politically charged memo two years ago that accused F.B.I. and Justice Department leaders of abusing their surveillance powers to spy on a former Trump campaign adviser. The memo was widely criticized as misleading, though an inspector general later found other problems with aspects of the surveillance.

Working with Mr. Nunes, Mr. Patel began what they called Objective Medusa to examine the F.B.I.’s investigation into whether anyone associated with the Trump campaign conspired with Russia’s election interference in 2016.

“I hired him to bust doors down,” Mr. Nunes told the author Lee Smith for his book “The Plot Against the President,” which chronicles Mr. Patel’s investigations on behalf of the Republicans on the House Intelligence Committee. Mr. Patel was interviewed extensively in the book, which claims without proof that journalists, diplomats, law enforcement and intelligence officials engaged in a vast plot to undermine Mr. Trump’s campaign and then bring him down as president.

Things are moving at frightening speed at this point, and again there is nothing to make me believe we will have a free and fair election in 2020, if we have an election at all.  When this happens, not if, Trump will have the support of his base.  History tells us that the results will be absolutely horrific.

There will be nobody left to stop Trump.  And tens of millions of your neighbors have no intention of doing so. The danger I've been warning about for more than three years is happening in real time, folks.

Get ready.

Spies Like Us, Con't

Michael Flynn was compromised by a long history with Russian oligarchs and corruption, Paul Manafort was compromised by a long history with the same from the Ukraine, and it seems newly minted Acting Director of National Intelligence Richard Grenell is compromised by a long history with crooks and strongmen from Moldova.

President Donald Trump’s new acting intelligence director, Richard Grenell, used to do consulting work on behalf of an Eastern European oligarch who is now a fugitive and was recently barred from entering the U.S. under anti-corruption sanctions imposed last month by the State Department.


In 2016, Grenell wrote several articles defending the oligarch, a Moldovan politician named Vladimir Plahotniuc, but did not disclose that he was being paid, according to records and interviews. Grenell also did not register under the Foreign Agents Registration Act, which generally requires people to disclose work in the U.S. on behalf of foreign politicians.

FARA is the same law that Trump’s former campaign manager Paul Manafort and former deputy campaign manager Rick Gates were convicted of violating. (Manafort went to trial. Gates pleaded guilty.)

It’s not clear whether the articles were directly part of Grenell’s paid consulting work for Plahotniuc. Unpaid work could still require disclosures under FARA if it was directed by or primarily benefited a foreign politician, according to Matthew Sanderson, a lawyer at Caplin & Drysdale who advises people on complying with FARA. FARA contains several exemptions, such as for lawyers and businesses, Sanderson said, but none appear to apply to Grenell’s op-eds about Plahotniuc.

“There is real reason to believe that Mr. Grenell should have registered here,” Sanderson said after ProPublica described the circumstances to him. “This is exactly the type of circumstances I’d expect the Department of Justice to investigate further.”

Craig Engle, an attorney with the law firm Arent Fox, said he was responding to ProPublica’s questions on Grenell’s behalf. Engle declined to say what Grenell’s paid consulting work involved but said he did not have to register under FARA “because he was not working at the direction of a foreign power.”

“Ric was not paid to write these stories, in fact he has written hundreds of stories on his own time to express his own views,” Engle said. “But to be clear: he was not working for any individual, he was working for himself and was advocating the ideal of a pro-western political party that was emerging.”

Undisclosed work for a foreign politician would ordinarily pose a problem for anyone applying for a security clearance or a job in a U.S. intelligence agency because it could make the person susceptible to foreign influence or blackmail, according to the official policy from the office that Trump tapped Grenell to lead.

The policy specifies that among the “conditions that could raise a security concern and may be disqualifying” are:
  • Failure to report or fully disclose, when required, association with a foreign person, group, government or country.”
  • “Substantial business, financial, or property interests in a foreign country … that could subject the individual to a heightened risk of foreign influence or exploitation or personal conflict of interest.”
  • “Acting to serve the interest of a foreign person, group, organization or government in any way that conflicts with U.S. national security interests.”
“That’s really easy, he should not have a clearance,” said Kel McClanahan, a Washington-area lawyer specializing in security clearances. “If he were one of my clients and just a normal [federal employee], he would almost assuredly not have a clearance.”
McClanahan said it’s unclear how Grenell could have already gotten a clearance as an ambassador. The House Oversight Committee is investigating whether the Trump administration has overruled career officials in granting security clearances to political appointees. 

It's not an accident that Trump keeps appointing people who are compromised by eastern European strongmen in Putin's orbit to lead his government.  Just saying.

At the very least, Grenell should be canned, in a just world, he'd be in jail along with Rick Gates and Paul Manafort for being an unregistered foreign agent who has been compromised.

That'll never happen though.  Our government is about past the point of no return, where we become an autocracy under Trump, no different from North Korea.