Thursday, September 26, 2019

Last Call For Orange Implosion

Morality and history aside, there are plenty of practical reasons to not impeach Trump: the main one being the near-guaranteed failure of a Senate trial to to garner 67 votes to convict him on any count, even if Mitch McConnell allows a Senate trial to even happen, which is no sure thing.

Does the Senate have an obligation to conduct a trial of the president if the House impeaches him? With the increased prospects for an impeachment inquiry now that the Democrats have taken control of the House of Representatives, most discussions of impeachment have assumed that, should the House vote to impeachment, the Senate will then hold a trial. This is the logical construction of the Constitution’s provisions setting out the impeachment process: If the House impeaches, then it would follow that the Senate tries the case. This is what the Senate did on the two occasions, in the cases of Andrew Johnson and Bill Clinton, that the House voted articles of impeachment.

The current Senate rules would further support this view. They contemplate that when the House has voted an impeachment, the Senate will be notified, the House managers will present their case and trial proceedings, which the rules prescribe in some detail, will begin.

But it is also possible that, in this time of disregard and erosion of established institutional practices and norms, the current leadership of the Senate could choose to abrogate them once more. The same Mitch McConnell who blocked the Senate’s exercise of its authority to advise and consent to the Supreme Court nomination of Merrick Garland, could attempt to prevent the trial of a House impeachment of Donald Trump. And he would not have to look far to find the constitutional arguments and the flexibility to revise Senate rules and procedures to accomplish this purpose.

The Constitution does not by its express terms direct the Senate to try an impeachment. In fact, it confers on the Senate "the sole power to try,” which is a conferral of exclusive constitutional authority and not a procedural command. The Constitution couches the power to impeach in the same terms: it is the House’s “sole power.” The House may choose to impeach or not, and one can imagine an argument that the Senate is just as free, in the exercise of its own “sole power,” to decline to try any impeachment that the House elects to vote.

But the practical reason for moving forward with impeachment in order to force Trump out of office is that Donald Trump cannot keep his goddamn mouth shut and will certainly only make things worse for himself, in public, on a daily basis.

President Trump expressed disgust Thursday morning with the explosive whistleblower complaint, slamming the intelligence officer and the White House aides who helped him or her as “almost a spy” and suggested it was treason.
Speaking at a private breakfast in New York, Trump described reporters as “scum” and raged at the Democrats’ new impeachment proceedings, which were spurred by the whistleblower’s complaint alleging that Trump tried to strong-arm Ukraine’s leader to interfere in the 2020 election.

The still-unidentified whistleblower acknowledged that he did not listen to Trump’s July 25 phone call with Ukrainian president Volodymyr Zelensky, but cited information from more than half a dozen U.S. officials over the past four months as part of “official interagency business.”

“Basically, that person never saw the report, never saw the call, he never saw the call — heard something and decided that he or she, or whoever the hell they saw — they’re almost a spy,” Trump said.

“I want to know who’s the person, who’s the person who gave the whistle-blower the information? Because that’s close to a spy,” he continued. “You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.”

Trump openly calling for harm to come to the whistleblower as a "traitor" is basically not going to help his case.  And again, there's a very good chance Trump will just blurt out evidence of guilt in his rage.

Having said that, the NY Times couldn't help themselves either and published a story on the whisteblower, a CIA officer assigned to the White House.

The whistle-blower who revealed that President Trump sought foreign help for his re-election and that the White House sought to cover it up is a C.I.A. officer who was detailed to work at the White House at one point
, according to three people familiar with his identity.

The man has since returned to the C.I.A., the people said. Little else is known about him. His complaint made public Thursday suggested he was an analyst by training and made clear he was steeped in details of American foreign policy toward Europe, demonstrating a sophisticated understanding of Ukrainian politics and at least some knowledge of the law.

The whistle-blower’s expertise will likely add to lawmakers’ confidence about the merits of his complaint, and tamp down allegations that he might have misunderstood what he learned about Mr. Trump. He did not listen directly to a July call between Mr. Trump and President Volodymyr Zelensky of Ukraine that is at the center of the political firestorm over the president’s mixing of diplomacy with personal political gain.

Lawyers for the whistle-blower refused to confirm that he worked for the C.I.A. and said that publishing information about him was dangerous.

But we did it anyway!

Here Comes The Repo Man

Remember last week when the Fed had to step in with $53 billion in overnight lending to keep the money markets from imploding?  That problem is continuing, and the Fed has now poured in more than a quarter-trillion dollars last week to keep interest rates from going under and another $105 billion Tuesday.

The Federal Reserve added $105 billion to the nation's financial system on Tuesday in two transactions, seeking to calm money markets and keep interest rates in its intended range. 
The New York Fed continued its streak of market repurchase agreements, or repos, selling $75 billion of overnight repos and $30 billion of repos expiring in 14 days. Banks bid for $80.2 billion in overnight repos and $62 billion in 14-day repos, signaling strong demand in the government-backed investments. 
Last week marked the first time in a decade that the bank had taken such steps to relieve pressure on money markets. The bank offered a total of $278 billion in repos from Tuesday through Friday.

This is a massive economic system alarm bell, and it's happening while Trump is currently got his orange thumb up his ass over Ukraine.

Also last week, the Federal Open Market Committee cut its benchmark interest rate by a quarter of a percentage point, landing in a window of 1.75% to 2%. Fed Chairman Jerome Powell called the repo offerings a temporary action. 
"Funding pressures in money markets were elevated this week, and the effective federal funds rate rose above the top of its target range," he said. 
The Fed's schedule calls for another $75 billion of overnight repos to be sold every business day until October 10, with certain days also offering at least $30 billion worth of 14-day repos.

So the Fed will have added more than one trillion dollars to its asset sheets in four weeks.  The lender of last resort is currently doing just that, and it's the only thing keeping our economy from imploding into a mess right now.

This is on top of impeachment, US troops in Saudi Arabia and the UAE, the Brexit mess in the UK and Israel still unable to form a government.  September 2019 is the month where the wheels came off, guys. I don't know where we're headed from here, but it's not going to be a fun rest of the year, I guarantee it. It definitely feels like 2008 and 1974 had Rosemary's Baby.

I gotta baaaaaaaad feelin' about this...

Ukraine In The Membrane, Con't


The intelligence officer who filed a whistle-blower complaint about President Trump’s interactions with the leader of Ukraine raised alarms not only about what the two men said in a phone call, but also about how the White House handled records of the conversation, according to two people briefed on the complaint.

The whistle-blower, moreover, identified multiple White House officials as witnesses to potential presidential misconduct who could corroborate the complaint
, the people said — adding that the inspector general for the intelligence community, Michael Atkinson, interviewed witnesses.

Mr. Atkinson eventually concluded that there was reason to believe that the president might have illegally solicited a foreign campaign contribution — and that his potential misconduct created a national security risk, according to a newly disclosed Justice Department memo.

An early portrait of the intelligence officer began to take shape on Wednesday as the White House released a rough log of a July 25 phone call between Mr. Trump and President Volodymyr Zelensky of Ukraine, the latest extraordinary revelation set off by the whistle-blower’s complaint.

This account is based on interviews with the two people and with lawmakers who were permitted to read the complaint late in the day, as well as on details revealed in a Justice Department memo explaining the Trump administration’s legal rationale for withholding the whistle-blower’s allegations from Congress before Mr. Trump relented this week. The White House did not respond to a request for comment.

In other words, it's not just Trump who will go down over this.  The report is expected to be declassified and released on Thursday because Team Crimer thinks it will actually save them.

Mr. Atkinson also found reason to believe that the whistle-blower might not support the re-election of Mr. Trump and made clear that the complainant was not in a position to directly listen to the call or see the memo that reconstructed it before it was made public, according to the Justice Department memo, which referred only to a single phone call between Mr. Trump and an unnamed foreign leader.

Instead, the officer heard about the call secondhand from unidentified White House officials who expressed concern that Mr. Trump had “abused his authority or acted unlawfully in connection with foreign diplomacy,” the memo said. Still, Mr. Atkinson concluded after an investigation that the information in the complaint was credible.
In their first public comments, lawyers for the whistle-blower said their client hoped to remain anonymous but wanted to continue to cooperate with lawmakers conducting oversight.

The "hearsay" and "biased" arguments will play on FOX News State TV all day, for sure.  But the reality is that the IG found Trump was a credible national security risk, and that the Justice Department agreed with him.

And like Watergate, it's the clumsy cover-up that's going to do these idiots in.

The complaint also alleges a pattern of obfuscation at the White House, in which officials moved the records of some of Trump’s communications with foreign officials onto a separate computer network from where they are normally stored, this person said. The whistleblower alleges that is what officials did with Trump’s July 25 call with Zelensky, an action that alarmed the intelligence community inspector general and prompted him to request that the White House retain records of the Zelensky call, the person who read the complaint said.

And that brings us to more big news from last night, that the whistleblower complaint and IG investigation also turned up a second phone call to Zelensky, from April, where Trump also asked him to work with Giuliani on attacking Joe Biden.  So why did Trump have such a hard-on for working with the Ukraine to fabricate something he could use against Joe Biden and the Democrats?

So he'd have cover to pardon Paul Manafort.

The effort by President Trump to pressure the government of Ukraine to investigate former Vice President Joe Biden and his son had its origins in an earlier endeavor to obtain information that might provide a pretext and political cover for the president to pardon his former campaign chairman, Paul Manafort, according to previously undisclosed records.

These records indicate that attorneys representing Trump and Manafort respectively had at least nine conversations relating to this effort, beginning in the early days of the Trump administration, and lasting until as recently as May of this year. Through these deliberations carried on by his attorneys, Manafort exhorted the White House to press Ukrainian officials to investigate and discredit individuals, both in the US and in Ukraine, who he believed had published damning information about his political consulting work in the Ukraine. A person who participated in the joint defense agreement between President Trump and others under investigation by Special Counsel Robert Mueller, including Manafort, allowed me to review extensive handwritten notes that memorialized conversations relating to Manafort and Ukraine between Manafort’s and Trump’s legal teams, including Trump’s personal attorney, Rudy Giuliani.

These new disclosures emerge as House Speaker Nancy Pelosi announced on Tuesday that the House would open a formal impeachment inquiry into President Trump’s conduct. What prompted her actions were the new allegations that surfaced last week that Trump had pressured Ukraine’s newly elected president, Volodymyr Zelensky, to investigate Trump’s potential 2020 campaign rival, Biden, and his son Hunter, placing a freeze on a quarter of a billion dollars in military assistance to Ukraine as leverage. The impeachment inquiry will also examine whether President Trump obstructed justice by attempting to curtail investigations by the FBI and the special counsel into Russia’s covert interference in the 2016 presidential election in Trump’s favor.

New information in this story suggests that these two, seemingly unrelated scandals, in which the House will judge whether the president’s conduct in each case constituted extra-legal and extra-constitutional abuses of presidential power, are in fact inextricably linked: the Ukrainian initiative appears to have begun in service of formulating a rationale by which the president could pardon Manafort, as part of an effort to undermine the special counsel’s investigation.
From 2004 to 2014, Manafort had advised President Viktor Yanukovych, who advocated that his country sever ties with the United States and other Western nations, and align itself more closely with Vladimir Putin’s Russia. After Yanukovych fled the country in disgrace in 2014, a ledger was recovered from the burned-out ruins of his Party of Regions. Its records showed that Yanukovych and his political allies had made some $12.7 million in secret cash payments to Manafort. The disclosure led directly to Manafort’s resignation in August 2016 as chairman of the Trump presidential campaign.

The records I have reviewed also indicate that on at least three occasions, Rudy Giuliani was in communication with Manafort’s legal team to discuss how the White House was pushing a narrative that the Democratic National Committee, Democratic donors, and Ukrainian government officials had “colluded” to defeat Donald Trump’s 2016 presidential bid. (This story has since been debunked as baseless, though that has not prevented Trump, Giuliani, and other surrogates in conservative media from repeatedly pushing the story.)

In particular, the records show that Manafort’s camp provided Giuliani with information designed to smear two people: one was a Ukrainian journalist and political activist named Serhiy Leshchenko, whom Manafort believed, correctly, of helping to uncover Manafort’s secret payments from Yanukovych; another was Alexandra Chalupa, a Ukrainian-American political consultant and US citizen, whom Manafort suspected, mistakenly in this case, was also behind the exposé. The records also show that Giuliani and attorneys for Manafort exchanged information about the then US ambassador to the Ukraine, Marie Yovanovitch, who Giuliani believed had attempted to undercut his covert Ukrainian diplomacy and fact-finding; the records are unclear as to whether it was Giuliani or Manafort’s attorney who first initiated their discussion about her.

After his arrest in 2017, Manafort continued to encourage President Trump and his lawyers to engage in this effort when they joined Manafort in a joint legal defense agreement. Attorneys are allowed to enter into such agreements in order share information and coordinate legal, public relations, and political strategies—in this case regarding the investigations of Russian interference in the 2016 presidential election, including that of the special counsel. Federal courts have long ruled that joint defense agreements are legal to protect the due process rights of those under investigation, as long as they are not used by potential defendants to coordinate providing cover stories or false information to prosecutors.

And there's the game.  Create the narrative on Biden, and use it to pardon Manafort and sink Mueller.

Enjoy, folks.  This is going to be fun.

StupidiNews!

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