Sunday, February 17, 2019

Last Call For Farming It Out

The Trump regime continues to wreck the the US economy, and once again it continues to do it in a way that hurts both his most ardent supporters while helping Russia.

A wave of bankruptcies is sweeping the U.S. Farm Belt as trade disputes add pain to the low commodity prices that have been grinding down American farmers for years.

Throughout much of the Midwest, U.S. farmers are filing for chapter 12 bankruptcy protection at levels not seen for at least a decade, a Wall Street Journal review of federal data shows.

Bankruptcies in three regions covering major farm states last year rose to the highest level in at least 10 years. The Seventh Circuit Court of Appeals, which includes Illinois, Indiana and Wisconsin, had double the bankruptcies in 2018 compared with 2008. In the Eighth Circuit, which includes states from North Dakota to Arkansas, bankruptcies swelled 96%. The 10th Circuit, which covers Kansas and other states, last year had 59% more bankruptcies than a decade earlier.

States in those circuits accounted for nearly half of all sales of U.S. farm products in 2017, according to U.S. Department of Agriculture data.

The rise in farm bankruptcies represents a reckoning for rural America, which has suffered a multiyear slump in prices for corn, soybeans and other farm commodities touched off by a world-wide glut, made worse by growing competition from agriculture powerhouses such as Russia and Brazil.

Trade disputes under the Trump administration with major buyers of U.S. farm goods, such as China and Mexico, have further roiled agricultural markets and pressured farmers’ incomes. Prices for soybeans and hogs plummeted after those countries retaliated against U.S. steel and aluminum tariffs by imposing duties on U.S. products like oilseeds and pork, slashing shipments to big buyers.

Low milk prices are driving dairy farmers out of business in a market that’s also struggling with retaliatory tariffs on U.S. cheese from Mexico and China. Tariffs on U.S. pork have helped contribute to a record buildup in U.S. meat supplies, leading to lower prices for beef and chicken.

Trump has done everything he can to wreck US commodity prices with his idiotic tariffs, and nobody's buying American farm products.  Increasingly they are turning to Brazil and more importantly Russia for food, and the US can no longer compete.

Farms are going under at a record pace now, and it really won't be long until the rest of the economy catches the Trump cancer.  When that happens, it'll make 2008 look like a picnic.

But of course, Trump's base will be told to blame everyone but Trump, and that only "the Businessman President" can fix it with a second term...

...And they will vote for him anyway, because Trump isn't the problem with America.  His base is.

President Trump and his political team plan to make his years-long quest for a border wall one of the driving themes of his reelection effort — attempting to turn his failure to build such a project into a combative sales pitch that pits him against the political establishment on immigration.

Trump has declared a national emergency to secure the funds Congress has repeatedly denied him despite his own admission that the move is likely to get tied up in court. This move has galvanized many of his supporters even as others on the right remain dubious and disappointed.

His campaign is fundraising off his showdown with congressional Democrats over the border — portraying the opposition party as more interested in political games than the public’s safety.

And faced with the fact that he has yet to build an inch of the concrete or steel wall he promised, Trump and his campaign have started relying on a rhetorical sleight of hand: speaking the wall into existence.

“Now, you really mean, ‘Finish that wall,’ because we’ve built a lot of it,” Trump falsely claimed at a campaign rally Monday in El Paso after supporters broke out in chants of “Build that wall!”

As he spoke, giant placards with the words “Finish the Wall” hung from the rafters, an unmistakable signal Trump’s aides say reflects the campaign’s growing push to convince the president’s supporters that the border barrier they imagined him building is already real.

These endeavors underscore the extent to which Trump and his allies are attempting to make 2020 a repeat of 2016 — centered on a portrayal of the nation as under siege from criminal immigrants and other dark forces, and reliant upon a die-hard base of older whites in rural areas. 

The wall will never be finished, and the national emergency Trump declared over the wall this weekend will never end, and it will be the winding road that will lead us to autocracy.  We're only a few years away at most from Trump rounding up "illegals" anyway.

We had a good run, I guess.


The Drums of War, Con't

By all accounts, this weekend's annual Munich Security Conference in Germany was a complete and total diplomatic disaster for the Trump regime.  German Chancellor Angela Merkel told Mike Pence and America to schisse off with Trump's plans to attack Iran, and that there would be no European "Coalition of the Willing" for this little adventure in Tehran.

Chancellor Angela Merkel of Germany delivered a strong rejoinder on Saturday to American demands that European allies pull out of the Iran nuclear deal and gave a spirited defense of multilateral institutions in a world increasingly marked by great-power rivalry.


In an uncharacteristically passionate speech, Ms. Merkel said the nuclear deal was the best way of influencing Iranian behavior on a range of non-nuclear issues, from missile development to terrorism.

Without mentioning President Trump or the United States by name in what may be her last speech to this major security conference, Ms. Merkel criticized other unilateral moves, such as Mr. Trump’s decision to pull American troops out of Syria, a suggestion that he would withdraw quickly from Afghanistan and his decision to suspend the Intermediate Range Missile Treaty with Russia, which directly affects European security.

“We sit there in the middle with the result,” she said.

Ms. Merkel spoke immediately before the United States vice president, Mike Pence, and addressed a packed auditorium with an audience that included Mr. Trump’s daughter Ivanka, as well as the Russian foreign minister and a high-ranking Chinese official, who all pointedly remained seated when the chancellor received a standing ovation.

Her reception was in sharp contrast to the polite near-silence that greeted Mr. Pence’s address. Aware of a growing anxiety among European allies that the United States administration’s erratic leadership stance was a threat to their security, the vice president came to Munich laser-focused on the Trump administration’s message.
He repeated his demand from this past week in Warsaw that Germany, France and Britain should join Washington in pulling out of the Iran nuclear deal.

“The time has come for the Europeans to leave the Iranian nuclear deal,” Mr. Pence said.

In contrast to the chancellor, Mr. Pence focused less on working together and more on a list of demands for American allies based on American interests, with a heavy emphasis on a combative approach to Iran.

“The Iranian regime openly advocates another Holocaust, and it seeks the means to achieve it,” Mr. Pence said.

The two speeches were a reminder of how far apart Europe and the United States are on a range of global issues.

In fact, the conference was such a disaster that Europe has now all but given up on any sort of productive relationship with America as long as we're infected by MAGA fever.

European leaders have long been alarmed that President Trump’s words and Twitter messages could undo a trans-Atlantic alliance that had grown stronger over seven decades. They had clung to the hope that those ties would bear up under the strain.

But in the last few days of a prestigious annual security conference in Munich, the rift between Europe and the Trump administration became open, angry and concrete, diplomats and analysts say.

A senior German official, who asked not to be identified because he was not authorized to speak on such matters, shrugged his shoulders and said: “No one any longer believes that Trump cares about the views or interests of the allies. It’s broken.”

The most immediate danger, diplomats and intelligence officials warned, is that the trans-Atlantic fissures now risk being exploited by Russia and China.

Even the saturnine Russian foreign minister, Sergey V. Lavrov, happily noted the strains, remarking that the Euro-Atlantic relationship had become increasingly “tense.”

“We see new cracks forming, and old cracks deepening,” Mr. Lavrov said.

The Europeans no longer believe that Washington will change, not when Mr. Trump sees traditional allies as economic rivals and leadership as diktat. His distaste for multilateralism and international cooperation is a challenge to the very heart of what Europe is and needs to be in order to have an impact in the world.

But beyond the Trump administration, an increasing number of Europeans say they believe that relations with the United States will never be the same again.

Karl Kaiser, a longtime analyst of German-American relations, said, “Two years of Mr. Trump, and a majority of French and Germans now trust Russia and China more than the United States.

Trump's damage to the US-EU relationship may never be fixed in my lifetime.  The rest of the world is passing America by, as we are led by a dolt, elected by reactionary fools, and no longer deserving of anything but epithets and epitaphs. 

Germany is straining under the pressure of being the world's new Western leader, as the UK and France are increasingly paralyzed.  Canada and Australia have their own problems.  It is Russia and China right now who are running rampant, and the 21st century will belong to them, not us.

Sunday Long Read: Climate Of Uncertainty

Author Emily Raboteau asks the big question about America's post-Millennial kids: Why isn't climate change, the effects of which Generation Z will be dealing with for their entire lives, not the most important subject in school, in culture, in their entire existence, with their parents and grandparents and the man in the Oval Office all lining up telling them that it doesn't matter?

Our son’s love of trains was once so absolute I never foresaw it could be replaced. New York City is a marvelous place to live for train-obsessed boys. When he was three and four, we spent many a rainy day with no particular destination, riding the rails for the aimless pleasure of it, studying the branching multicolored lines of the subway map, which he’d memorized like a second alphabet. I’d hoist him up to watch the dimly lit tunnel unfurl through the grimy front window of the A train’s first car as it plunged us jerkily along the seemingly endless and intersecting tracks. Some rainy mornings, our destination was 81st Street, where we exited the B or C with dripping umbrellas and his little sister in tow to enter the American Museum of Natural History.

There, at a special exhibition called “Nature’s Fury,” our son’s attention turned like a whiplash from trains to violent weather. Even before this show, the museum demanded a certain reckoning with the violence of the Anthropocene. What grownup wouldn’t feel a sense of profound regret confronting the diorama of the northern white rhinoceros in the Hall of African Mammals, or the Hall of Ocean Life’s psychedelic display of the Andros Coral Reef as it looked in the Bahamas a century ago? Meandering the marble halls of the Natural History Museum is like reading an essay on losing the Earth through human folly. Yet none of its taxonomies of threatened biodiversity, not even the big blue whale, moved my kindergartner like “Nature’s Fury.”

The focus of the immersive exhibition was on the science of the worst natural disasters of the last fifty years—their awesome destructive power and their increasing frequency and force. Accompanied by a dramatic score of diminished chords and fast chromatic descents, the exhibit meant to show how people adapt and cope in the aftermath of these events, and how scientists are helping to plan responses and reduce hazards in preparation for disasters to come.

“Are they too young for this?” my husband questioned, too late. Our impulsive boy had darted ahead and cut the line to erupt a virtual volcano. I supposed it made him feel less doomed than like a small god that, in addition to making lava spout at the push of a button, the kid could manipulate the fault lines of a model earthquake, set off a tsunami, and stand in the eye of a raging tornado.

In the section on hurricanes at a table map of New York, the boy was also able to survey the sucker punch that Hurricane Sandy delivered to the five boroughs. This interactive cartography was a darker version of the subway map he’d memorized, detailing the floodplains along our city’s 520 miles of coast. I can still see my boy there, his chin just clearing the table’s touchscreen so that his face was eerily underlit by the glow of information while my girl crawled beneath. Seventeen percent of the city’s land mass flooded, leaving two million people without power, seventeen thousand homes damaged, and forty-three people dead. On the map, the water was rising to overtake the shorelines at Red Hook, Battery Park, Coney Island… All across the Big Apple, the lights were going out.

“Come away from there,” one or the other of us called uneasily, because we weren’t prepared to confront what climate change would mean for our children, to say nothing of our children’s children. The boy was five at the time. The girl was three. In their lifetimes, according to a conservative estimate in a recent report by the NYC Panel on Climate Change, they could see the water surrounding Manhattan rise six feet. We pulled them away from that terrifying map of our habitat to go look at dinosaur bones—an easier mass extinction to consider because it lay in the distant past.

What strikes me now as irrational about our response isn’t our ordinary parental instinct to protect our kids from scary stuff. It was our denial. Their father and I treated that display as a vision we could put off until later when it clearly conveyed what had already transpired. “We are now faced with the fact, my friends, that tomorrow is today. We are confronted with the fierce urgency of now,” preached Martin Luther King Jr. in 1967 in one of his lesser-known sermons, “Beyond Vietnam: A Time to Break Silence.” He may as well have been speaking on climate change. Sandy made landfall in 2012, the year after the boy was born, while I was pregnant with the girl. It gave a preview of what the city faces in the next century and beyond, as sea levels continue to rise with melting ice sheets. The storm exposed our weaknesses, and not just to flooding. I remember that when the bodegas in our hood ran out of food, some folks shared with their neighbors. But when the gas station started running out of fuel, some folks pulled out their guns.

As much as we may worry about our kids’ future, it’s already here.

Avoiding the map didn’t annul its impact on our son. The subject of storms had gripped his consciousness as surely as his author-father’s had been gripped by horror films. That part of the boy’s brain that previously needed to know the relative speed of a Big Boy steam engine to a Shinkansen bullet train now needed to know what wind speed differentiated a category-four hurricane from a category-five. Soon enough, and for months afterward, Mr. Wayne, the friendly librarian at the Fort Washington branch of the New York Public Library, would greet our boy with an apology. There were no more books in the children’s section on the subject of violent weather than those he’d already consumed.

At bedtime, while his sister sucked her thumb to sleep, I offered my son reassurance that we weren’t in a flood zone; that up in Washington Heights—as the name suggests—we live on higher ground. “You’re safe,” I told him.

“But the A was flooded during Sandy,” he reminded me, matter-of-factly. “The trains stopped running and the mayor cancelled Halloween.” Then he’d go on rapturously about the disastrous confluence of the high tide and the full moon that created the surge, while I tried to sing him a lullaby.

Eventually, a different fixation overtook extreme weather, and another after that. Such is the pattern of categorical learners. It may have been sharks before the Titanic, or the other way around—I’ve forgotten. Two years have passed since we saw “Nature’s Fury”; a year and a half since our president led the US to withdraw from the Paris climate accords. The boy is seven now, what Jesuits call “the age of reason.” The girl is five and learning to read. If current trends continue, the world is projected to be 1.5 degrees Celsius warmer than pre-industrial levels by the time they reach their late twenties. The scientific community has long held two degrees Celsius to be an irreversible tipping-point. Two degrees of global warming, according to the UN’s Intergovernmental Panel on Climate Change (IPCC), marks climate catastrophe.

At two degrees, which is our best-case climate scenario if we make seismic global efforts to end carbon emissions, which we are not on course to do, melting ice sheets will still pass a point of no return, flooding NYC and dozens of other major world cities; annual heat waves and wildfires will scrub the planet; drought, flood, and fluctuations in temperature will shrink our food supply; water scarcity will hurt four hundred million more people than it already does. Statistical analysis indicates only a 5 percent chance of limiting warming to less than two degrees. Two degrees has been described as “genocide.”

In fact, we’re on track for over four degrees of warming and an unfathomable scale of suffering by century’s end. By that time, if they’re lucky, our children will be old. It’s pointless to question whether or not it was ethical to have them in the first place since, in any case, they are here. Their father writes about imaginary horrors. For my part, I’m only beginning to see that the question of how to prepare our kids for the real horrors to come is collateral to the problem of how to deal as adults with the damage we’ve stewarded them into
.

I honestly believe these kids will look at the adults in their lives and their message to us in the future will be "You failed us utterly, and we will never forgive you.  We will do everything we can to never make your mistakes again."

Maybe Generation Z can fix this in the future.  Maybe they won't, and human civilization will be sharply curtailed on Earth.

I figure I have another 40 years if I'm lucky.  But there are kids alive today who will live to see 2100 on Earth, and they will remember what life was like today, and they will grow to hate those who came before them for what they failed to do.

The rest of this century is triage for humanity, and that's the rosy scenario.

Gettng The Band Back Together

I've long said that Vladimir Putin's long-term goal is to reform the Soviet Union, and his moves to wreck the European Union and destabilize the US have been so successful in the last several years that he doesn't even plan to hide his intent anymore.

The president of Belarus has said the country is ready to unite with long-time ally Russia, raising the prospect of Moscow absorbing the eastern European dictatorship on the borders of Poland and Lithuania.
President Alexander Lukashenko, who has ruled the former Soviet state since the presidential post was created in 1994, said Friday his nation was ready to join with Russia, The Moscow Times reported.

Lukashenko made the comments on the third and final day of bilateral talks with Russian President Vladimir Putin. Rumors have long abounded that Belarus could be absorbed into Russia under Putin’s watch, deepening the “union state” arrangement that has existed between them since the late 1990s.

“The two of us could unite tomorrow, no problem,” Lukashenko said Friday. “But are you—Russians and Belarusians—ready for it?” the president added, according to Interfax. “We’re ready to unite and consolidate our efforts, states and peoples as far as we’re ready.”

Putin tried to question the very concept of independent states in his subsequent remarks. “There are simply no fully independent states in the world. The modern world is a world of interdependence,” the Russian president said.

He pointed to the European Union as proof of his assertion. “There, the European Parliament makes more binding decisions for all members than the Supreme Soviet of the USSR once took such decisions for the Union republics. Is it not a dependency?” Putin asked.

Putin also suggested that U.S. military deployments in Europe have undermined nation sovereignty there. “Do you think someone from European countries wants U.S. medium-range missiles to appear in Europe?” he asked.

“No one wants that. But they sit, they keep quiet. Where is their sovereignty? But apparently they believe that in the ultimate, general calculation, they are interested in such an organization in which they have invested part of their sovereignty,” he said.

Putin’s presidential term will end in 2024, and the current constitution prevents him for running again. It has been suggested that he could bypass these restrictions by creating a new nation through a union with Belarus.

The plan of course is to keep snapping up the Baltic states and the old Soviet states, and expand into Eastern Europe with the old Warsaw Pact countries like Poland, already careening into far-right, white nationalist autocracy.  It's an old KGB spymaster's dream, and Putin will only consolidate his power as the years progress.

Certainly an America as deeply compromised by Putin's puppets won't lift a finger to stop him.

Saturday, February 16, 2019

Last Call For Even Less Qualified

Nikki Haley's replacement as UN Ambassador, State Department spokesowman and former FOX News talking head Heather Nauert, was announced back in October, and she has yet to even get an official nomination from the Trump regime because of how staggeringly unqualified she was for the job.  Now the Trump regime has pulled the plug on Nauert's failed attempt at nomination altogether.

State Department spokeswoman Heather Nauert said Saturday she has withdrawn from consideration as UN ambassador. 
President Donald Trump had previously announced he was picking Nauert, but the formal nomination had not been sent to the Senate. 
"I am grateful to President Trump and Secretary Pompeo for the trust they placed in me for considering me for the position of US Ambassador to the United Nations. However, the past two months have been grueling for my family and therefore it is in the best interest of my family that I withdraw my name from consideration. Serving in the Administration for the past two years has been one of the highest honors of my life and I will always be grateful to the President, the Secretary, and my colleagues at the State Department for their support," Nauert said in a statement from the State Department.
The State Department said Trump will make an announcement about a new nominee soon. 
Secretary of State Mike Pompeo said in a statement from the State Department, "Heather Nauert has performed her duties as a senior member of my team with unequalled excellence. Her personal decision today to withdraw her name from consideration to become the nominee for United States Ambassador to the United Nations is a decision for which I have great respect. 
"I wish Heather nothing but the best in all of her future endeavors," Pompeo continued, "and know that she will continue to be a great representative of this nation in whatever role she finds herself." 
CNN reported last month there appeared to be no urgency from the White House or Republicans to confirm Nauert, a former Fox News anchor who started working at the State Department in 2017. Trump made the announcement he was picking Nauert in a tweet in early December, and months later the nomination still had not been made official and there were no dates set for a Senate confirmation hearing. 
Multiple sources told CNN they felt that was a sign of trouble for her. 
There were concerns that Nauert would be face a difficult confirmation process, several sources familiar with the matter had told CNN. 
"There have been predictions of a stormy ride in confirmation, with many on the Hill saying this was a job done‎ by Henry Cabot Lodge, Madeleine Albright, Daniel Moynihan, Jeane Kirkpatrick, Richard Holbrooke, Bill Richardson ... and now a Fox News presenter?"a senior diplomatic source told CNN.

 Nauert was never going to pass even a cursory background check.


 I'm sure Trump will find somebody even more worthless for the job.  Why not Ivanka?

Russian To Judgment, Con't

Democrats are picking a lot of fights with the Trump regime, but the reality is every one of them will be appealed to the Supreme Court, and there's just no guarantee that the Roberts Court will side with common sense or decency.  Case in point: there's surely five SCOTUS votes to prevent Democrats from getting at Trump's conversations with Putin.

House Democrats are taking their first real steps to force President Donald Trump to divulge information about his private conversations with Russian President Vladimir Putin, setting up an extraordinary clash with the White House over Congress’ oversight authority. 
Rep. Adam Schiff, the Intelligence Committee chairman, and Rep. Eliot Engel, the Foreign Affairs Committee chairman, told POLITICO they are actively consulting with House General Counsel Douglas Letter about the best way to legally compel the Trump administration to turn over documents or other information related to the president’s one-on-one discussions with the Russian leader. 
“I had a meeting with the general counsel to discuss this and determine the best way to find out what took place in those private meetings — whether it’s by seeking the interpreter’s testimony, the interpreter’s notes, or other means,” Schiff (D-Calif.) said in a brief interview. 
It’s a development that indicates Schiff and Engel are close to taking action on the matter; key members of the majority party often consult with the chamber’s general counsel on issues that could end up playing out in court. Democrats want to ensure that they are on the strongest possible legal ground because they anticipate the Trump administration will mount spirited challenges. 
The move also underscores the seriousness with which Democrats view Trump’s conciliatory statements and actions toward Moscow and its place as a top House priority as the party pursues wide-ranging investigations into the president and his administration. 
In particular, Democrats say they want to find out what Trump and Putin discussed during their private meeting in Helsinki last July, where Trump put himself at odds with the U.S. intelligence community and declared — while standing next to the Russian president — that the Kremlin did not interfere in the 2016 elections. 
Trump’s remark prompted Democrats to call for Marina Gross, the State Department translator who was the only other American present for the Trump-Putin meeting, to share her notes with Congress and testify in public. 
Schiff and Engel have left all options on the table, including issuing subpoenas, which the White House would surely fight.

And fight it they will.  Regardless of where the Dems think they stand, the reality is that the ultimate arbiter of many of these fights will be the Supreme Court, and currently with five Republican-appointed justices on board, including two clearly loyal to Trump himself and unbothered by any silliness like stare decicis or, you know, basic humanity, I don't have a good feeling about the outcomes of these fights.

Sadly, even the late Justice Scalia could occasionally be bothered to phone in a "that's too much" opinion and side with Justice Ginsburg.  His replacement, and Justice Kennedy's replacement, have no such compunction.

French Toast For Breakfast

Despite Russia's best efforts to destabilize the French government in the same way it has the US and UK, the Yellow Vest protests in Paris are now running out of steam and popularity as finally people are realizing they're being played by Putin.

France’s “yellow vest” protests are part of a humanist movement aimed at improving the lives of everyone in the country, one demonstrator said on Saturday, defending those who took to the streets for the 14th weekend in a row.

A poll this week showed dwindling support for the demonstrations, named for motorists’ high-visibility jackets, which began in November over fuel taxes and morphed into a more general revolt against politicians and a government they see as out of touch.

More than half of those surveyed said they wanted the occasionally violent protests to end.

“I can understand that some people have had enough, but we’re not doing this just for us,” said Madeleine, a 33-year old unemployed protester. “It’s a very humanist movement and we’re doing this for everyone. So if right now they’re fed up, then too bad for them.”

There has been infighting between leaders of the grassroots movement, although some have outlined plans to extend the weekly protests to Sunday.

The number of protesters have fallen from highs of over 300,000 nationwide in November to around 50,000 last week, according to government estimates.

French interior ministry said around 10,200 protesters took part in demonstrations across the country by 1300 GMT on Saturday, including 3,000 in the capital, compared with 4,000 in Paris last week.

The Macron government will survive, I can't say the same for the May government in the UK or the Trump regime here, but hopefully this is a turning point.  A destabilized Europe with a crumbling European Union is exactly what Putin wants in order to rebuild the old Soviet Bloc states and rise as the next superpower.  After all, he's already got the Crimea in his pocket and the world did nothing.

More efforts will be coming.

Friday, February 15, 2019

Last Call For Trump Cards, Con't

Greg Sargent at the Washington Post reminds us that if Trump is willing to treat "not getting 100% of his wall money" as "a national emergency", giving him plenary powers to do whatever he wants, then he will repeatedly declare such "emergencies" whenever it suits him in the near future, and Republicans in Congress won't lift a finger lest they suffer political annihilation from Trump's howling base.

The bigger problem is that the Supreme Court made it unconstitutional to block such an action by the President with anything short of a two-thirds veto.

The basic problem we face right now in this regard was created by Congress. The post-Watergate National Emergencies Act, or NEA, places various constraints on the powers the president has when he declares a national emergency. For instance, it requires the president to say which other statute he is relying on to exercise the particular authority he plans to employ under his declared emergency.

The NEA also creates a mechanism by which Congress can terminate the emergency by passing a resolution through both houses doing that. The House is likely to pass such a resolution, but it’s unclear whether the Senate will do so. Even if the Senate did pass it, Trump would veto it anyway, though the House still should try this to get GOP senators on the record.


But the NEA doesn’t define what an emergency is, giving the president tremendous discretion to do that himself. The core question we now face is whether that discretion is limitless.

There will be lawsuits against Trump’s national emergency declaration. Protect Democracy and the Niskanen Center just announced that they will represent local border communities in such a lawsuit.

There are several basic ways of challenging Trump’s national emergency in court. The first is to challenge the idea that the statute Trump is invoking to find the precise power he wants to exercise actually does give him that power.

According to multiple reports, Trump is relying on a law that allows the defense secretary to “undertake military construction projects” that are “not otherwise authorized by law” if they are “necessary” to support “use of the armed forces.” This would reportedly allow him to tap some $3.5 billion in funds.

Robert Chesney, a law professor at the University of Texas at Austin, tells me that this is vulnerable to challenge, because it requires that this “use of the armed forces” is actually being employed in the emergency in question.

“This doesn’t work for just any emergency — it has to be an emergency in which use of the military is required,” Chesney said. Trump, of course, will claim that the military is in fact being used to counter his border emergency, since he sent in troops. But in this case, those troops are not actually repelling arriving migrants, so there’s no way to credibly argue that a wall is “necessary” to support what the military is actually doing.

“There’s a better chance than normal that a judge could second guess this,” Chesney said.

But perhaps the bigger question concerns the second way to challenge Trump’s national emergency: By arguing that there isn’t any national emergency, and that at some point, this has to matter.

The answer to that question is "not yet it doesn't, and it may never matter."   Again, if Trump gets away with this, we're a healthy chunk of the way towards autocracy, and we're not coming back.

It's Mueller Time, Con't

Two developments on Mueller Friday this week, first, the White House confirms to CNN that WH press secretary Sarah Sanders has submitted to an extensive interview by the Mueller team.

Special counsel Robert Mueller's team has interviewed White House press secretary Sarah Sanders, she told CNN on Friday. 
"The President urged me, like he has everyone in the administration, to fully cooperate with the special counsel. I was happy to voluntarily sit down with them," Sanders said in response to a question from CNN. 
The interview is one of the final known interviews by Mueller's team. It came around the same time as the special counsel interviewed former White House chief of staff John Kelly, well after a number of other senior officials, including former White House communications director Hope Hicks and former press secretary Sean Spicer, were brought in for questioning
The White House did not immediately agree to grant the special counsel an interview with Sanders, according to one of the sources. Similarly, as CNN reported in December, White House lawyers initially objected to Mueller's request to interview Kelly, who ultimately responded to a narrow set of questions from special counsel investigators. 
While the substance of the interview with Sanders is unclear, one likely area of interest was how Sanders composed statements she made on the podium defending the President regarding the Russia investigation. 
As Mueller wraps up his Russia probe, one focus of investigators has been conflicting public statements by President Donald Trump and his team that could be seen as an effort to obstruct justice, according to people familiar with the investigation.  
CNN reported last month that prosecutors appear to be examining Trump's public statements to determine whether anyone sought to influence other witnesses and cause other administration and former campaign officials to make false public statements.

Once again, what did Trump know and when did his Mouth of Sauron know it?  And speaking of mouths, a federal judge has corralled Roger Stone in order to keep his mouth shut.

A federal judge on Friday ordered Roger Stone, his attorneys and the special counsel’s office to halt all public commentary about the case involving charges that the longtime Donald Trump associate lied to Congress and obstructed its Russia investigation.

In a four-page order, U.S. District Court Judge Amy Berman Jackson sided with Mueller that Stone and his attorneys “must refrain from making statements to the media or in public settings that pose a substantial likelihood of material prejudice to this case.”

The judge also ordered Stone, his lawyers and potential witnesses from commenting to the press as they enter or exit the Washington, D.C., courthouse, where Stone is on track to go to trial later this summer or fall amid intense media scrutiny.

A gag order in Stone’s case was long expected. Jackson, an appointee of President Barack Obama, slapped similar restraints in the fall of 2017 on Paul Manafort, his longtime business partner Rick Gates and their attorneys just days after they were initially indicted in the Mueller probe.

For Stone, the gag order was more a matter of when, and not if. The longtime GOP campaign operative and frequent TV commentator who hosts his own daily webcast has been on a media blitz since his indictment last month. He called into the conspiracy theory website InfoWars to give his first interview following his arrest.

This is for more Stone's protection than America's.  The guy is likely to Manafort himself right into prison if he keeps talking.

Someone I bet he will anyway.  Guys like Stone can't help themselves.

Shutdown Meltdown, Con't

Donald Trump says he will sign the budget deal worked out by Congress to avoid a shutdown tonight but because he's not getting his wall money, he's now going the emergency declaration route after all with a Rose Garden announcement this morning.

The surprise announcement Thursday that President Donald Trump will use his emergency powers to try and build his border wall blindsided some Republicans, confused others and sent the Senate GOP into a general state of shock.

The news, delivered by Majority Leader Mitch McConnell on the Senate floor, came after weeks of warnings from his own party not to declare a national emergency at the border.

Trump has decided to challenge Republicans’ resolve anyway — but he may not like the outcome. Aides privately predicted Trump will lose a vote on the Senate floor once the Democratic House passes a resolution of disapproval to block the move.

Meanwhile, the GOP Senate majority was casting about for answers.

“I wish he wouldn’t have done it,” said Sen. Chuck Grassley (R-Iowa), who McConnell interrupted on the Senate floor to make his announcement. “If [Trump] figures that Congress didn’t do enough and he’s got to do it, then I imagine we’ll find out whether he’s got the authority to do it by the courts.”

“In general, I’m not for running the government by emergency, nor spending money. The Constitution's pretty clear: spending originates and is directed by Congress,” said Sen. Rand Paul (R-Ky.), who like almost everyone else on Capitol Hill wants more information. “So I’m not really for it.”

Republicans that have previously panned the idea as setting a bad precedent for future presidents were careful in how they answered questions in the immediate aftermath of the president’s decision.

Sen. Marco Rubio (R-Fla.) said it was a “bad idea” but needed to learn more. Sen. Lamar Alexander (R-Tenn.) said it was “unnecessary” because Trump has other ways of getting money but said he needed further guidance. And Sen. Ron Johnson (R-Wis.) fretted that it was a "dramatic expansion" of the emergency powers.

Others were blunter.

"It’s a mistake on the president’s part," said Sen. Susan Collins (R-Maine). "I also believe that it will be challenged in court. It undermines the role of Congress and the appropriations process.”

“I’m not enthusiastic about it, but I don’t know whether that’s actually going to happen, and if so, what follows from there. I don’t know what authority he may or may not invoke,” said Sen. Pat Toomey (R-Pa.).

If Trump goes down this road, it's going to be nothing but pain for the GOP, and they know it.  We're looking at a fight that even the Roberts Court might bail on.

The Justice Department has warned the White House a national emergency declaration is nearly certain to be blocked by the courts on, at least, a temporary basis, preventing the immediate implementation of the president's plan to circumvent Congress and build the wall using his executives powers, ABC News has learned.

However, a senior White House official tells ABC News that the administration is confident it could ultimately win the case on appeal.

Lawyers at the White House, the Department of Homeland Security and at the Pentagon have been working for weeks to iron out different options the president would have to obtain funds for his border wall.

By declaring a national emergency at the border, the president could potentially free up billions of dollars to begin work on construction of a southern border wall. Much of that money would be pulled from the Department of Defense.

It won't be just House Democrats heading to court, either.  California, New York, and a bevy of other blue states are expected to sue, and one of them will get an injunction.

Trump doesn't want to shut the government down again, he wants to be able to clearly blame the Democrats and the courts for not getting his wall built.  This is the method he's using to do it. How much that will dupe his base, we'll see.  They've put up with his failures for a while now, but this might be the straw that breaks the Trump regime's back.

Stay tuned.

StupidiNews!

Thursday, February 14, 2019

Last Call For Barr None

Despite serious misgivings about him interfering with the Mueller investigation directly on order of Donald Trump, William Barr has been confirmed by the Senate as Attorney General on a party line vote.

William P. Barr was confirmed Thursday as the U.S. attorney general, putting him in command of the Justice Department at one of the most politically charged moments in its history.

Senators voted 54 to 45, mostly along party lines, to confirm Barr, who will now supervise special counsel Robert S. Mueller III’s inquiry into whether President Trump’s campaign conspired with Russia to influence the 2016 election.

Among Barr’s first major decisions will be what to tell the public about the results of that investigation — a choice that will force the attorney general to balance the public’s insatiable appetite for information, Justice Department policies that favor secrecy and a president unlikely to be satisfied with anything but total exoneration.

People familiar with the matter said Barr also has all but settled on a new second-in-command , as Rod J. Rosenstein, the deputy attorney general who appointed Mueller, is expected to leave soon. Barr has not disclosed any names publicly.

While Republicans hailed Barr’s confirmation, Democrats and left-leaning advocacy groups said they remained wary of Trump’s appointee, who at his confirmation hearing notably declined to promise that he would release Mueller’s report. Sen. Dianne Feinstein (D-Calif.), the Senate Judiciary Committee’s top Democrat, said in a statement Thursday that she considered Barr’s lack of commitment to releasing Mueller’s report “disqualifying,” and she worried he would be unable to stand up to Trump.

“While I opposed Bill Barr’s nomination, it’s my hope that he’ll remember he is the people’s lawyer, not the president’s lawyer,” Feinstein said.

The vote’s outcome was unsurprising. Trump’s nominee had cleared a procedural hurdle earlier this week by a 55-to-44 vote— even winning a few Democratic votes in an era gripped by partisanship. On Thursday, three Democrats crossed the aisle to vote for Barr: Sens. Kyrsten Sinema (Ariz.), Doug Jones (Ala.) and Joe Manchin III (W.Va.).

My prediction remains: America will never see the Mueller report, only that it "clears Donald Trump of any wrongdoing".  The notion that Barr will be transparent in any way is laughable, and Trump will make it very clear that if the report is leaked, people will go to prison.  Barr will authorize an "executive summary" of the findings and they won't be the worth the toner they're printed with.

The Democrats will howl, and it may even become a major campaign issue, but the report will disappear.

Now, the New York state and Southern District of New York federal investigation into Trump, well, those were always going to be the far more dangerous ones for him.

Ball Picked Up And Shipped Home In Two Days

Amazon is bailing on its NYC "HQ2" project as a growing number of local officials were lining up to block, slow down, or even kill the expansion because of its $3 billion in subsidies cost to NYC taxpayers for a trillion-dollar corporation that could actually afford to build there if it wanted to.  The Atlantic's Derek Thompson:

Amazon said on Thursday that it will cancel its plans to add a second corporate headquarters in New York City. The company had pledged to build a campus in Queen’s Long Island City in exchange for $3 billion in subsidies.

In a statement, Amazon blamed local politicians for the reversal. “For Amazon, the commitment to build a new headquarters requires positive, collaborative relationships with state and local elected officials who will be supportive over the long-term,” the statement read. “A number of state and local politicians have made it clear that they oppose our presence and will not work with us to build the type of relationships that are required to go forward with the project.”

In a period of growing antipathy toward billionaires, Amazon’s corporate welfare haul struck many—including me—as a gratuitous gift to a trillion-dollar company that was probably going to keep adding thousands of jobs to the New York region, anyway. The company has more 5,000 employees in the five boroughs, including 2,500 at a Staten Island fulfillment center and at least one thousand more in the Manhattan West office building.

At first, Amazon seemed to withstand the backlash, comforted by polls showing that the deal enjoyed broad support. A recent poll from Siena College Research Institute found 56 percent of voters statewide support the Amazon deal, including a majority of union households and people between the age of 18 and 34.

But over time, Amazon’s patience wore thin. Executives were reportedly livid at the nomination of Queens state Senator Michael N. Gianaris, an outspoken opponent of the deal, to a Public Authorities Control Board that would give him power to “effectively kill the project.” Amazon leaders were grilled at a February City Council meeting about the company’s resistance toward unions and the working conditions of its fulfillment centers. (By contrast, Virginia—the other winner of the HQ2 sweepstakes—has embraced Amazon with open arms, and the state has already authorized $750 million in state subsidies for its Crystal City headquarters.) Last week, The Washington Post (which is owned by Amazon CEO Jeff Bezos) reported that the retailer was having second thoughts about its New York campus, given the level of opposition from local politicians, advocacy groups, and the media.

Within a week, the company officially canceled the project.

The company said it does not plan to reopen the HQ2 search. “We will proceed as planned in Northern Virginia and Nashville,” the statement said.

The most obvious losers in Amazon’s reversal are real-estate speculators. In November, The Wall Street Journal reported that brokers embarked on a “condo gold rush” in anticipation of the Queens campus construction. “This is like a gift from the gods for the Long Island City condo market,” one realtor told the Journal. Alas, the gods, like the billionaires, giveth and taketh away.

But it is not clear that either New York City or Amazon will suffer with this announcement. In fact, it is more likely that neither the city’s nor the company’s economic trajectories will be materially altered. New York City doesn’t need an Amazon headquarters to be the global capital of advertising and retail, and Amazon doesn’t need New York subsidies to expand its footprint in the city.

It was always going to be a mess.  The real issue is affordable housing, which Amazon only would have made worse and did.  NYC was happy to screw over its taxpayers and citizens, and Amazon was happy enough to do the same if NYC didn't play ball.

Both are at fault here, and I sure hope other cities around the country pay attention.

Meat The Press Meets Russian To Judgment

Just a reminder that all major media outlets in America are not a "free press" but corporate-owned producers of news as a product, and there's no more vivid reminder of this than billionaire Trump buddy Tom Barrack defending Saudi Crown Prince Mohammad bin Sultan's involvement in the death of Washington Post reporter Jamal Khashoggi by saying the US has done "equal or worse" acts of murder.

Thomas J. Barrack Jr., a billionaire real estate investor who is one of President Trump’s closest confidants, apologized Wednesday after defending Saudi Arabia in the wake of journalist Jamal Khashoggi’s killing and saying the United States has committed “equal or worse” atrocities.

Barrack’s remarks on Khashoggi, made Tuesday at a summit in Abu Dhabi organized by the Santa Monica-based Milken Institute think tank, were first reported by Dubai’s Gulf News.

“Whatever happened in Saudi Arabia, the atrocities in America are equal or worse to the atrocities in Saudi Arabia,” Barrack told the crowd at the Milken Institute’s MENA Summit, according to audio provided by Gulf News reporter Ed Clowes
.

“The atrocities in any autocratic country are dictated by the rule of law,” Barrack continued. “So, for us to dictate what we think is the moral code there — when we have a young man [Saudi Crown Prince Mohammed bin Salman] and a regime that’s trying to push themselves into 2030 — I think is a mistake.”

In a statement Wednesday, Barrack called the murder of Khashoggi “atrocious” and “inexcusable” and apologized for “not making this clear in my comments earlier this week.”

But he appeared to suggest responsibility for the killing should not rest on Saudi leadership.

“I feel strongly that the bad acts of a few should not be interpreted as the failure of an entire sovereign kingdom,” Barrack said, maintaining that “rule of law and monarchies across the Middle East are confusing to the West.”


Khashoggi, a Washington Post contributing columnist and prominent critic of Mohammed’s policies, was killed and dismembered by a team of Saudi agents inside the Saudi Consulate in Istanbul on Oct. 2, Turkish and Saudi prosecutors say.

These are the words of a man who has enough money to feel comfortable enough to believe governments killing journalists not only are an acceptable part of international business realpolitik, but that they should continue to be. And yes, Barrack's real estate ties go back to a four-decade plus relationship with the House of Saud.

But let's not forget why Barrack might want to keep a low profile these days...

Barrack, the executive chairman of real estate firm Colony NorthStar, has been a friend of Trump’s for more than three decades.

He was also a top fundraiser during Trump’s 2016 campaign and raised more than $100 million as chairman of Trump’s inaugural committee, which is under investigation by federal prosecutors.

Oops.

Mr. Barrack is soon to get a visit from our friends at the Justice Department.

It's all connected, folks.

StupidiNews!

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