Tuesday, August 1, 2017

Russian To Judgment, Con't

The Trump regime can't stop lying, and can't stop getting caught in those lies as we revisit Donald Trump Jr.'s now infamous June 2016 meeting with several Russian nationals where the topic was seeking Russian intelligence dirt on Hillary Clinton.  It now turns out Trump the Younger's statement after that news broke wasn't the work of himself or his lawyers...but dictated by his father, according to a Washington Post story.

On the sidelines of the Group of 20 summit in Germany last month, President Trump’s advisers discussed how to respond to a new revelation that Trump’s oldest son had met with a Russian lawyer during the 2016 campaign — a disclosure the advisers knew carried political and potentially legal peril.

The strategy, the advisers agreed, should be for Donald Trump Jr. to release a statement to get ahead of the story. They wanted to be truthful, so their account couldn’t be repudiated later if the full details emerged.

But within hours, at the president’s direction, the plan changed.

Flying home from Germany on July 8 aboard Air Force One, Trump personally dictated a statement in which Trump Jr. said that he and the Russian lawyer had “primarily discussed a program about the adoption of Russian children” when they met in June 2016, according to multiple people with knowledge of the deliberations. The statement, issued to the New York Times as it prepared an article, emphasized that the subject of the meeting was “not a campaign issue at the time.”

The claims were later shown to be misleading.

Remember how the concern was that such a misleading statement was potential legal trouble for those involved in creating it?

Over the next three days, multiple accounts of the meeting were provided to the news media as public pressure mounted, with Trump Jr. ultimately acknowledging that he had accepted the meeting after receiving an email promising damaging information about Hillary Clinton as part of a Russian government effort to help his father’s campaign.

The extent of the president’s personal intervention in his son’s response, the details of which have not previously been reported, adds to a series of actions that Trump has taken that some advisers fear could place him and some members of his inner circle in legal jeopardy.

As special counsel Robert S. Mueller III looks into potential obstruction of justice as part of his broader investigation of Russian interference in the 2016 election, these advisers worry that the president’s direct involvement leaves him needlessly vulnerable to allegations of a coverup.

“This was . . . unnecessary,” said one of the president’s advisers, who like most other people interviewed for this article spoke on the condition of anonymity to discuss sensitive internal deliberations. “Now someone can claim he’s the one who attempted to mislead. Somebody can argue the president is saying he doesn’t want you to say the whole truth.”
Trump has already come under criticism for steps he has taken to challenge and undercut the Russia investigation.

Gosh, you think Trump is an inveterate liar who, if these reports are true, dictated a massive lie in order to try to cover up the truth and protect his son?  It wasn't just the Trump regime that put out this statement, it was Donald Trump himself.  Trump said that he was aware of his son's meeting but not the content of that meeting, and now we know that's a lie.

One might even say this was potential obstruction of an investigation into that meeting. And somebody in the White House just blew a hole in Trump's defense and leaked to the Washington Post.

As I said, the Trump Jr. meeting was the end of the beginning of this story.  Now it's moving on to a new stage.

The Fox News Channel and a wealthy supporter of President Trump worked in concert under the watchful eye of the White House to concoct a story about the murder of a young Democratic National Committee aide, according to a lawsuit filed Tuesday.
The explosive claim is part of the lawsuit filed against Fox News by Rod Wheeler, a longtime paid commentator for the news network. The suit was obtained exclusively by NPR. 
Wheeler alleges Fox News and the Trump supporter intended to deflect public attention from growing concern about the administration's ties to the Russian government. His suit charges that a Fox News reporter created quotations out of thin air and attributed them to him to propel her story. 
Fox's president of news, Jay Wallace, told NPR Monday there was no "concrete evidence" that Wheeler was misquoted by the reporter, Malia Zimmerman. The news executive did not address a question about the story's allegedly partisan origins. Fox News declined to allow Zimmerman to comment for this story. 
The story, which first aired in May, was retracted by Fox News a week later. Fox News has, to date, taken no action in response to what it said was a failure to adhere to the network's standards.

The lawsuit focuses particular attention on the role of the Trump supporter, Ed Butowsky, in weaving the story. He is a wealthy Dallas investor and unpaid Fox commentator on financial matters, who has emerged as a reliable Republican surrogate in recent years. Butowsky offered to pay for Wheeler to investigate the death of the DNC aide, Seth Rich, on behalf of his grieving parents in Omaha. 
On April 20, a month before the story ran, Butowsky and Wheeler — the investor and the investigator — met at the White House with then Press Secretary Sean Spicer to brief him on what they were uncovering. 
The first page of the lawsuit quotes a voicemail and text from Butowsky boasting that President Trump himself had reviewed drafts of the Fox News story just before it went to air and was published.

Turns out Trump is involved in a lot of things and then later lied about them or had his people lie about them and specifically his involvement, and he keeps getting caught time and time again in those lies.

Stay tuned.

StupidiNews!

Monday, July 31, 2017

Last Call For The Opioid Crisis Is The Jobs Crisis

The problem we hear from Trump voters in Ohio is that there are no jobs under Obama and the Democrats, so they rolled the dice on Trump and the GOP.  The reality is a lot more complicated of course.  The jobs are there, but qualified workers aren't, and the biggest culprit is not lack of training or immigrant labor or even the death of unions, but the opioid crisis.

Ohio's blue collar workers can't pass drug tests.

An Ohio factory owner said Saturday that though she has blue-collar jobs available at her company, she struggles to fill positions because so many candidates fail drug tests.
Regina Mitchell, a co-owner of Warren Fabricating & Machining in Hubbard, Ohio, told The New York Times this week that four out of 10 applicants otherwise qualified to be welders, machinists and crane operators will fail a routine drug test. 
In an interview Saturday with CNN's Michael Smerconish, Mitchell said that her requirements for prospective workers were simple.

"I need employees who are engaged in their work while here, of sound mind and doing the best possible job that they can, keeping their fellow co-workers safe at all times," she said. 
"We have a 150-ton crane in our machine shop. And we're moving 300,000 pounds of steel around in that building on a regular basis. So I cannot take the chance to have anyone impaired running that crane, or working 40 feet in the air." 
President Donald Trump addressed his blue-collar base in Ohio this week, returning to his campaign theme of getting local communities back to work and returning jobs to America from overseas. 
But Mitchell said she has jobs. She just doesn't have sober applicants. 
For 48 of the 50 years her company has been around, drug abuse had never been an issue, she told Smerconish. 
"It hasn't been until the last two years that we needed to have a policy, a corporate policy in place, that protects us from employees coming into work impaired," she said. 
Opioid use is on the rise across the country, but especially in Ohio. In 2014, the state had the second-largest number of opioid-related deaths in the United States and the fifth-highest rate of overdose. 
"This opioid epidemic that we're experiencing ... it seems like it's worse than in other places all over the country," Mitchell said.

Now keep in mind Ohio Republicans happily put major cuts to Medicaid and drug treatment programs in Ohio's state budget.  They were line-item vetoed by GOP Gov. John Kasich, but the bigger point is that if you want to see the real reason why Obamacare has grown begrudgingly popular out here in the Midwest, it's because for a lot of families the ACA and the treatment options it provides are the only thing standing between them and disaster when it comes to the opioid crisis here.

It's not just "an inner city" problem, either.  And people here damn well know it.

Regrets, He's Had A Few

Reince Preibus may have been unceremoniously booted out of the White House by Trump (having the dubious distinction of the shortest-serving WH Chief of Staff) but he's taking the massive public humiliation in stride, comforting himself on the fact that the GOP has gained control of pretty much the entire country under his watch.

Six years ago, a humble party hack from Kenosha, Wisconsin, took on the thankless job of turning around the Republican Party. As he exits the White House—battered, bruised, and humiliated—Reince Priebus argues he accomplished just what he set out to do. 
“We won,” Priebus told me in an interview. Calling from the golf course on Sunday afternoon, he sounded both defiant and relieved. “Winning is what we were supposed to do, and we won. That’s the job of the Republican Party. It’s in the best shape it’s been in since 1928.” 
The former White House chief of staff and Republican National Committee chairman said he was proud of his stewardship of the GOP, which culminated in the election of a Republican president, Republican Congress, and Republican gains up and down the ballot. 
But the White House is mired in chaos, and all that Republican power has yet to result in a single major policy achievement. Priebus’s critics view him as the man who sold his party out to Donald Trump. Was it really worth it, I asked?

It’s absolutely worth it,” Priebus said, pointing to the appointment of a conservative Supreme Court justice, regulatory reform, and a healthy economy, though he acknowledged health care remained “an obstacle.” “The president has accomplished an incredible amount of things in the last six months,” he added. “The future can be great, and the past has been pretty good.” Even in exile, he was still committed to spinning the Trump line. 
It has been a long, strange trip for Priebus, who came to Washington as GOP chairman in 2011 on a promise to reform a party in disarray. His story, in a way, is the story of the Republican Party itself: His initial wariness of Trump gave way to capitulation and then enabling. He swallowed his private qualms for the sake of the team, until his turn to be the victim of Trump’s pageant of dominance finally came—publicly disgraced, dismissed in a tweet. 
“I see him as kind of a tragic figure,” said Charlie Sykes, a former conservative radio host in Milwaukee who has known Priebus for many years. “What began as a matter of duty on his part—the decision to go all-in on Trump—ended with this scorchingly obscene humiliation.” 
Sykes’s pity for his friend was limited, however. “It’s sad, but it’s the result of choices he made,” said Sykes, a Never Trumper who is now an MSNBC commentator. “It’s not like he wasn’t warned.” 
Ironically, Priebus’s own career in national politics began with an act of disloyalty. In 2011, he won the RNC chair by running against his own boss, then-chairman Michael Steele. Despite big wins in the 2010 midterm elections, party activists had become dissatisfied with what they viewed as Steele’s mismanagement and penchant for gaffes. Steele knew he would have challengers when he sought another term as chairman—but he didn’t expect a challenge from Priebus, his general counsel, whom he considered a teammate.

“This is the bed Reince has been making for himself since he was my general counsel,” Steele told me. “He’s a guy who’s always positioning himself for the next thing. Karma’s a bitch, ain’t it?”

And sure, Priebus almost certainly helped sell the country out to Vladimir Putin in order to win...but they won, and in the end in American politics, winning is the only thing that matters, because winners get to do things, and losers get to complain about it.

It's hard to say he's wrong, either. Laugh all you want at Reince, but it's true: right now the GOP controls 240 House seats, 52 Senate seats, both chambers in a whopping 32 state legislatures (plus de facto control of Nebraska's unicameral state government) and 33 governors...oh yeah, and the White House.  Outside of New England/Mid-Atlantic states and the West Coast, the Dems are also-rans across the board right now.

Of course with the rise of Priebus and the Trump GOP, America is the biggest loser.  Hopefully we'll try to correct this problem before it becomes too permanent, and that means mobilizing for 2018 *now*.  We're already seeing signs of this as Dems are recruiting and registering voters.

On the other hand, Priebus lasted a hell of a lot longer at the White House than Tony Scaramucci did.

He's got that going for him.

Hack The Vote 2018

The annual DEF CON hacker conference took place this weekend in Las Vegas, where corporations, enthusiasts and the the US government backed by Big Data challenge the hacker community in a friendly competitions to break the best defenses the experts have to offer, and pay a pretty handsome sum (not to mention job offers) for those who can find a way through.  It's a way for both sides to get better and stronger, but in the end the decision to implement tougher network defenses are always a business decision and not a security one.

Unfortunately as we've seen recently with Russia, that cost-benefit analysis mindset when applied to government means we still have a major vulnerability in this country with electronic voting machines and have for years.  One of the biggest exhibitions at DEF CON this year was a demonstration on just how easily those machines can be cracked.

Election officials and voting machine manufacturers insist that the rites of American democracy are safe from hackers. But people like Carten Schurman need just a few minutes to raise doubts about that claim.

Schurman, a professor of computer science at the University of Copenhagen in Denmark, used a laptop’s Wi-Fi connection Friday to gain access to the type of voting machine that Fairfax County, Virginia, used until just two years ago. Nearby, other would-be hackers took turns trying to poke into a simulated election computer network resembling the one used by Cook County, Illinois.

Elsewhere, a gaggle of hackers went to work on a model still used in parts of seven states, as well as all of the state of Nevada. Though the device was supposedly wiped before it was sold by the government at auction, the hackers were able to uncover the results the machine tallied in 2002.

They were among the hundreds of cybersecurity experts who descended on “Voting Village,” one of the most talked-about features of the annual DEF CON hacker conference. In a cramped conference room, they took turns over three days cracking into 10 examples of voting machines and voter registration systems — a reminder, they say, of the risks awaiting upcoming U.S. elections.

“I could have done this in 2004,” said Schurman, who could gain administrative-level access to the voting machine, giving him the power to see all the votes cast on the device and to manipulate or delete vote totals. “Or 2008, or 2012.”

In the wild, he estimated, it would take him about a minute to break in.

Anne-Marie Hwang, an intern at the digital security firm Synac, demonstrated that by bringing a generic plastic key to mimic the ones given to poll workers and plugging in a keyboard, she could simply hit control-alt-delete and enter the voting machine’s generic password to gain administrative access.

The lesson: “The bad guys can get in,” said Jake Braun, a panel moderator at the conference who advised the Department of Homeland Security on cybersecurity during the Obama administration.

And that means election officials must acknowledge that no security is foolproof. Instead, Braun said, they need to adopt the private sector model of working to better detect and minimize the effect of successful cyberattacks rather than trying to become impenetrable.

“‘Unhackable’ is absurd on its face,” Braun said. “If the Russians and Chinese and whoever else can get into NSA and Lockheed Martin and JP Morgan, they absolutely can get into Kalamazoo County or the state of Ohio or the [voting machine] vendor.”

So this means we either need to go back to paper machines, or massively boost detection and containment protocols.  Either would mean a lot of additional federal money set aside to help county election boards and various offices of Secretaries of State around the country.

The problem is in precisely zero instances can I find a Republican at the federal level who thinks we should do that. If anyone has an example of a Republican in Congress who wants to do it, let me know.

All I can find are Republicans who want to destroy voting in this country through cuts to implementation funds, voter ID laws, and neglect of the Voting Rights Act.

Ask yourself why in every instance why Republicans want to make voting harder and yet less secure.

StupidiNews!

Sunday, July 30, 2017

Kellyanne Con-Job Gives Up The ACA Game

Right-wing news outlets are "useful" these days because Trump regime folks keep talking to them and giving away their plans.  Nobody's more guilty of this than regime TV mouthpiece Kellyanne Conway, who regularly makes the rounds on FOX to fly the colors (orange, mostly).  These guys aren't clever enough to lie, there's no need to read the tea leaves, Trump makes threats and tries to follow up on them whenever he can.

So where is Trump going after this week's Obamacare crash and burn?  Kellyanne knows and straight up told Chris Wallace of FOX News Sunday.

WALLACE: OK, let’s not waste any more time. Let’s talk -- Kellyanne, let's talk about ObamaCare.

The president put out a new tweet today. I want to put it on the screen. He wrote: Don’t give up Republican senators, the world is watching, repeal and replace, and go to 51 votes, nuclear option, get cross state lines and more.

Is that the president’s plan, stay on repeal and replace, change the Senate rules and legislative filibuster so that you can pass a fuller repeal and replace, including selling insurance across state lines?

CONWAY: The president will not accept those who said it's, quote, time to move on. He wants to help the millions of Americans who have suffered with no coverage. They were lied to by the last president. They couldn't keep the doctor. They couldn't keep their plan.

We’ve met with the ObamaCare victims at the White House several times now. They’re real people, they’re suffering.

And when he talks about the 51 votes, the president is basically making the case that so many of the components of real healthcare reform, Chris, requires 60 votes -- the drug pricing, the selling of insurance across state lines, the associated health plans that allow those who don't get their health insurance to the employers like you and I do, or to government benefits, who have been left out because the premiums are too high.

Premiums have doubled. We see in some states that there are no insurers --

(CROSSTALK)

WALLACE: Let's talk about that. Kellyanne --

CONWAY: So, he will. He will stick with it.

WALLACE: OK, failing it, and fail -- and then we should point out that both Republicans and Democrats say that there’s no chance they’re going to change the Senate rules.

Here’s what the president says his plan is.

(BEGIN VIDEO CLIP)

TRUMP: I said from the beginning, let ObamaCare implode and then do it. I turned out to be right. Let ObamaCare implode.

(APPLAUSE)

(END VIDEO CLIP)

WALLACE: Failing repeal and replace, is that really what the president intends to do? Does he intend to cut off what are called cost-sharing reductions which lower the out-of-pocket expenses for people, lower income people? And what about -- you talk about real people, what about the millions of people while ObamaCare is imploding that are going to lose healthcare coverage?

CONWAY: So, Chris, I saw the comment from Mr. Schumer, Senator Schumer, about this. What is their plan to help? The CSR payments are being made and we've already got an opinion by one court because you have members of Congress who sued to say that under ObamaCare, this money was never authorized through the Congress. And so, they would like an opportunity to do that, which is, of course, the normal course of business.

Can I just ask Senator Schumer --

(CROSSTALK)

WALLACE: Is the present going to cut off the CSR payments, the out-of-pocket payments? He can do it starting next month, this week.

CONWAY: Yes, he can. He can -- he's going to make that decision this week, and that’s the decision that only he can make.

I mean, that's as loud of an alarm bell as it gets, guys.  Trump has said on Twitter that he plans to cut off these CSR payments (He calls them "bailouts" when they're not, they fund the subsidies for Obamacare premium payments.)  If he does that, Obamacare basically collapses.  It will mean that health insurers will leave the program and that millions will be unable to afford health insurance, period.

So yes, Trump has been screaming about sabotaging Obamacare for weeks now, and guess what? He thinks he can do it.  I bet he's certainly going to try this week.

It's far from over, as I said earlier this morning.

Sunday Long Read: Nukes, Mooks, and Spooks

This week's Sunday Long Read is Michael Lewis's profile on the Trump Department of Energy, currently run by former Texas GOP Gov. Rick Perry (who doesn't know Ukraine from Russia and doesn't bother to check.)  Perry famously said he wanted the agency abolished, and still has no idea what he's supposed to do with it.  That's okay, his boss doesn't either, and that should scare the crap out of all of us.

On the morning after the election, November 9, 2016, the people who ran the U.S. Department of Energy turned up in their offices and waited. They had cleared 30 desks and freed up 30 parking spaces. They didn’t know exactly how many people they’d host that day, but whoever won the election would surely be sending a small army into the Department of Energy, and every other federal agency. The morning after he was elected president, eight years earlier, Obama had sent between 30 and 40 people into the Department of Energy. The Department of Energy staff planned to deliver the same talks from the same five-inch-thick three-ring binders, with the Department of Energy seal on them, to the Trump people as they would have given to the Clinton people. “Nothing had to be changed,” said one former Department of Energy staffer. “They’d be done always with the intention that, either party wins, nothing changes.” 
By afternoon the silence was deafening. “Day 1, we’re ready to go,” says a former senior White House official. “Day 2 it was ‘Maybe they’ll call us?’ " 
“Teams were going around, ‘Have you heard from them?’ ” recalls another staffer who had prepared for the transition. “ ‘Have you gotten anything? I haven’t got anything.’ ” 
“The election happened,” remembers Elizabeth Sherwood-Randall, then deputy secretary of the D.O.E. “And he won. And then there was radio silence. We were prepared for the next day. And nothing happened.” Across the federal government the Trump people weren’t anywhere to be found. Allegedly, between the election and the inauguration not a single Trump representative set foot inside the Department of Agriculture, for example. The Department of Agriculture has employees or contractors in every county in the United States, and the Trump people seemed simply to be ignoring the place. Where they did turn up inside the federal government, they appeared confused and unprepared. A small group attended a briefing at the State Department, for instance, only to learn that the briefings they needed to hear were classified. None of the Trump people had security clearance—or, for that matter, any experience in foreign policy—and so they weren’t allowed to receive an education. On his visits to the White House soon after the election, Trump’s son-in-law, Jared Kushner, expressed surprise that so much of its staff seemed to be leaving. “It was like he thought it was a corporate acquisition or something,” says an Obama White House staffer. “He thought everyone just stayed.”

Oh, but it gets so much worse.

At this point in their administrations Obama and Bush had nominated their top 10 people at the D.O.E. and installed most of them in their offices. Trump had nominated three people and installed just one, former Texas governor Rick Perry. Perry is of course responsible for one of the D.O.E.’s most famous moments—when in a 2011 presidential debate he said he intended to eliminate three entire departments of the federal government. Asked to list them he named Commerce, Education, and … then hit a wall. “The third agency of government I would do away with ... Education ... the … ahhhh … ahhh … Commerce, and let’s see.” As his eyes bored a hole in his lectern, his mind drew a blank. “I can’t, the third one. I can’t. Sorry. Oops.” The third department Perry wanted to get rid of, he later recalled, was the Department of Energy. In his confirmation hearings to run the department Perry confessed that when he called for its elimination he hadn’t actually known what the Department of Energy did—and he now regretted having said that it didn’t do anything worth doing. 
The question on the minds of the people who currently work at the department: Does he know what it does now? D.O.E. press secretary Shaylyn Hynes assures us that “Secretary Perry is dedicated to the missions of the Department of Energy.” And in his hearings, Perry made a show of having educated himself. He said how useful it was to be briefed by former secretary Ernest Moniz. But when I asked someone familiar with those briefings how many hours Perry had spent with Moniz, he laughed and said, “That’s the wrong unit of account.” With the nuclear physicist who understood the D.O.E. perhaps better than anyone else on earth, according to one person familiar with the meeting, Perry had spent minutes, not hours. “He has no personal interest in understanding what we do and effecting change,” a D.O.E. staffer told me in June. “He’s never been briefed on a program—not a single one, which to me is shocking.

So if there's a real crisis that the Department of Energy -- or any Trump era executive agency has to deal with, because they're all in the same boat -- has to deal with, the potential for failure is spectacular.  The distinct issue with the Department of Energy is these are the guys that guard our nuclear weapons and track down rogue nuclear material, and the Trump regime could not give less of a good god damn about it.

The GOP pathology of starving government until it cannot work and then declare "see, we told you government is a failure" is being taken to its endpoint, and that endpoint is a government that cannot perform the most basic of functions, headed by people who have no idea how or any desire to even try to fix the problem.

And so it goes in the Age of Trump.

It's Not Dead Yet

Oh, did you think the Senate GOP was just going to walk away from destroying Obama's legacy after trying more than 70 times over the last 7 years to do so? Of course they have another arcane, byzantine Trumpcare proposal and this time it's Lindsey Graham's straight-out assault on Medicaid, effectively ending the federal program and turning into block grants for states, along with massive cuts to those grants from existing funding levels.

In theory, the Senate could bring back up their party line budget “reconciliation” effort to gut Obamacare as soon as next week. Graham’s bill has not been scored by the Congressional Budget Office and did not receive a test vote this week. It currently has a small group of supporters and will likely need major work to pass the Senate, like language defunding Planned Parenthood which would likely alienate a pair of moderate senators.

Sens. Bill Cassidy of Louisiana and Dean Heller of Nevada joined Graham at the White House on Friday, and each has joined Graham’s bill as the new alternative plan for Republicans. The bill’s supporters are telling administration officials and congressional aides that the bill will score far better than previous efforts, which CBO analyses project would cause millions more uninsured people and short-term spikes in premiums.

“I had a great meeting with the President and know he remains fully committed to repealing and replacing Obamacare. President Trump was optimistic about the Graham-Cassidy-Heller proposal. I will continue to work with President Trump and his team to move the idea forward.,” Graham said late Friday.

The South Carolina senator has been talking to Meadows about the bill as a possible way forward that both chambers could accept. Several GOP governors have signaled interest to Graham for the bill as a way to keep funding levels steady and give states more control. Health and Human Services Secretary Tom Price is also monitoring those conversations, a Republican aide said.

Meadows has shopped the Graham proposal around to other conservatives to get their take on the bill. He said Thursday that Graham’s bill would need to ease the ability of governors’ to get waivers to ignore some of Obamacare’s regulations.

“We’re going to regroup and stay focused,” Meadows said Friday. “I’m still optimistic that we will have another motion to proceed, and ultimately put something on the president’s desk.”

Sure, it's a great deal for red states that refused Medicaid expansion and already make it impossible to sign up for the program like Texas and Alabama.  For the rest of states, it'll represent hundreds of billions in cuts, oh and states wouldn't have to actually spend any money on Medicaid *at all* if it's like previous GOP proposals, they just have to have a program like Medicaid.  It's not their fault if 99.9% of people don't qualify for it, right?

Meanwhile states like California, New York, and Illinois would see massive, draconian budget cuts, while red states would almost certainly take the money and give tax cuts to the rich.  Lost in the mess would be millions losing their health coverage and while Obamacare rules would stay in place, there wouldn't be any Medicaid to back up coverage for those who couldn't afford individual plans.

Yes, this plan too would devastate the individual insurance market and kicks tens of millions off healthcare plans.  But as the Senate GOP keeps saying, as long as they can pass something, anything, they can get it to conference with the House GOP and force a final bill without the Democrats being able to stop them.

The GOP's biggest enemy now is the clock.  September 30th would mean a government shutdown and no budget, and then they couldn't use budget reconciliation rules and a 50 vote plus Mike Pence threshold to pass repeal unless Mitch eliminates the filibuster, something he knows damn well would give the chamber to the Dems by 2020.

We'll see.

Saturday, July 29, 2017

The Health Of The Congress

Remember folks, above all Donald Trump is vindictive.  He expects complete subservience and calls it "loyalty", and those who do not meet that standard he either bullies, punishes, or both.  Six months into his term and everyone has essentially failed him, and he will fire and replace who he can rid of and terrorize the people he can't.  He sees Congress not as a co-equal branch of the government, but as people who work for him that he can't fire (yet.)

But he can punish them for failing him, and he will always start with open threats.

The other part of President Trump's tweet this morning that will get a lot of attention from members of Congress: he hinted he might overturn an Obama-era rule that allows members of Congress and their staffers to get subsidies for their health insurance, which they have to get through an Affordable Care Act health exchange. That's what he meant by "BAILOUTS for Members of Congress."

The back story: The ACA requires members of Congress and their staffs to get health coverage through its exchanges, but it was never clear on whether they should get subsidies to pay for most of their premiums, the way employers pay for most of their workers' health premiums. The Obama administration issued a rule that allowed them to get those subsidies — because if it hadn't, members of Congress worried that talented staffers would leave rather than pay the full cost of the premiums
But conservative groups have been urging the Trump administration to withdraw the rule, insisting that members of Congress and their staffs shouldn't be shielded from rising ACA premiums. It's now clear that Trump is thinking of taking their advice, although a senior administration source says no final decision has been made.

So for now this is one of Trump's many threats, as that what he feels is "leadership".  Whether or not he'll carry through is something else, but this is his M.O. and he'll keep using it as long as it works for him.

Vladimir You Don't Even GO Here!

OK, this is hysterical and I'm glad the Washington Post is giving us a badly needed laugh over the ridiculous idiocy in the White House right now.




I laughed at this for a good couple of minutes. It felt pretty good, actually. I hope it helps some of you as well.

Political Block Busters

The courts have come out to say that political figures, government public servants, after all, cannot block people on social media for opposing viewpoints under the First Amendment.

Does the First Amendment bar public officials from blocking people on social media because of their viewpoint?

That question has hung over the White House ever since Donald Trump assumed the presidency and continued to block users on Twitter. The Knight First Amendment Institute at Columbia University has sued the president on behalf of blocked users, spurring a lively academic debate on the topic. But Trump isn’t the only politician who has blocked people on social media. This week, a federal court weighed in on the question in a case with obvious parallels to Trump’s. It determined that the First Amendment’s Free Speech Clause does indeed prohibit officeholders from blocking social media users on the basis of their views.

Davison v. Loudoun County Board of Supervisors involved the chair of the Loudoun County Board of Supervisors, Phyllis J. Randall. In her capacity as a government official, Randall runs a Facebook page to keep in touch with her constituents. In one post to the page, Randall wrote, “I really want to hear from ANY Loudoun citizen on ANY issues, request, criticism, compliment, or just your thoughts.” She explicitly encouraged Loudoun residents to reach out to her through her “county Facebook page.”

Brian C. Davidson, a Loudon denizen, took Randall up on her offer and posted a comment to a post on her page alleging corruption on the part of Loudoun County’s School Board. Randall, who said she “had no idea” whether Davidson’s allegations were true, deleted the entire post (thereby erasing his comment) and blocked him. The next morning, she decided to unblock him. During the intervening 12 hours, Davidson could view or share content on Randall’s page but couldn’t comment on its posts or send it private messages.

Davidson sued, alleging a violation of his free speech rights. As U.S. District Judge James C. Cacheris explained in his decision, Randall essentially conceded in court that she had blocked Davidson “because she was offended by his criticism of her colleagues in the County government.” In other words, she “engaged in viewpoint discrimination,” which is generally prohibited under the First Amendment. Cacheris elaborated:

Defendant’s offense at Plaintiff’s views was therefore an illegitimate basis for her actions—particularly given that Plaintiff earned Defendant’s ire by criticizing the County government. Indeed, the suppression of critical commentary regarding elected officials is the quintessential form of viewpoint discrimination against which the First Amendment guards. By prohibiting Plaintiff from participating in her online forum because she took offense at his claim that her colleagues in the County government had acted unethically, Defendant committed a cardinal sin under the First Amendment.

In response to Randall’s claim that Davidson retained the ability to express his views elsewhere, Cacheris cited the Supreme Court’s recent decision in Packingham v. North Carolina, in which the court asserted that social media may now be “the most important” modern forum “for the exchange of views.”

The Court cannot treat a First Amendment violation in this vital, developing forum differently than it would elsewhere,” Cacheris wrote, “simply because technology has made it easier to find alternative channels through which to disseminate one’s message.

So what does this mean for Trump?  It depends on what he means his official Twitter account is for.

There’s just one lingering issue with this comparison: It isn’t clear whether Trump intends his personal Twitter page to function as a public forum the way Randall did. (Trump has a presidential account, @POTUS, from which he does not block users—but he doesn’t use it for interesting communications.) Public officials have more latitude to censor expression in personal, private forums than they do in forums that they use to speak in their official capacity. Trump’s lawyers will almost certainly argue that his personal Twitter feed is a private forum, not a government project.

But that argument will likely fail. As Trump’s recent tweets banning transgender military service demonstrate, the president uses Twitter not just to convey official policy but also for lawmaking. This habit would seem to turn his feed into a quintessential public forum. And so, under the First Amendment, he lacks the power to block those users who tweet their discontent at @realDonaldTrump.

The WHite House too has said that such declarations on Trump's persona Twitter account amount to official public statements by the administration, and that means in no way is Trump's account "private".

It would seem obvious that the account must remove all blocks for that reason, but then again Trump doesn't really care about the law, does he.
 

Friday, July 28, 2017

Drive (Out) The All-New Reince Priebus

With the collapse of Trumpcare in the Senate, Tang the Conqueror is going to be looking for some heads to roll in order to sate his impotent rage, and it looks like the head on a silver platter that Trump will get is that of White House Chief of Staff Reince Priebus.

But gosh, who could ever replace such an effective lead brawler for the Oval Office?

Reince Priebus is still the White House chief of staff and on Wednesday he told ABC News he intends to remain in the position, but people close to President Donald Trump say he is increasingly frustrated with the management of the West Wing and the president’s most trusted advisers are already making suggestions about who could be the next chief of staff. 
Here is a list of possible Priebus replacements being talked about: 
White House Counselor Kellyanne Conway: Conway has had some tough days in the White House over the past six months, but by all accounts her stock is rising. Close personally to the president and first lady, Conway was the first woman to serve as campaign manager on a winning presidential campaign. She would be the first woman to serve as chief of staff. 
Retired Lt. Gen. Keith Kellogg: Currently the chief of staff and executive secretary for the National Security Council, Kellogg already spends a lot of time around the president. He was also an important adviser to the president during the campaign and one of the first senior military officers to endorse Trump. He has earned the trust of a president who likes to be in the company of generals. 
Director of the Office of Management and Budget Mick Mulvaney:Mulvaney didn’t have much of a relationship with the president before the inauguration, but he came highly recommended by Vice President Mike Pence to be OMB director. The president has come to rely on him when it comes to dealing Congress and, of course, on budget issues. 
Retired Gen. John Kelly: To many in the president’s inner circle, Homeland Security Secretary Kelly is considered the MVP of the Trump Cabinet. Kelly might well be the president’s first choice for chief of staff, but there is a big downside: He also likes him in his current role. 
Newt Gingrich: Gingrich has spent a lot of time with the president in recent weeks and has become a close confidant of the Trump family. He is a loyalist from the early campaign days but is not afraid to tell the president when he thinks he is making a mistake. Most recently, Gingrich told Trump he should not fire Attorney General Jeff Sessions. 
Other possibilities being bandied about include Tom Barrack, Corey Lewandowski, Rep. Kevin McCarthy of California, Rep. Mark Meadows of North Carolina and Gary Cohn.

I don't think Trump will choose a current cabinet member or current GOP member of Congress should Reince go.  Trump would have to have forgiven Newt for the 2016 campaign for him to get the job, and Trump doesn't forgive people.  Conway and Lewandowski remain the most likely choices, but in the end it'll be whomever Jared and Ivanka talk him into, so that could be a number of folks.

Anyway, when the press is openly discussing your termination but also the list of your replacements, odds are pretty good that you're not going to last much longer.

Also note who's suddenly missing from that list:  Tony Scaramucci.  Guess he cursed himself out of a job last night.

We'll see what happens.

[UPDATE] And Trump just announced John Kelly as WH Chief of Staff on Twitter.

Collins And Murkowski Save Obamacare, Oh And That McCain Guy I Guess Too Whatever

I stayed up last night as long as I could to get you the Last Call on Trumpcare's final fate in the Senate but I kinda conked out around midnight.  I knew that Maine GOP Sen. Susan Collins and Alaska GOP Sen. Lisa Murkowski were no votes, and once again Arizona GOP Sen. John McCain was uttering platitudes that suggested he would vote no if his action ever matched his lofty rhetoric, which it most certainly did not do earlier this week when McCain voted to advance debate on legislation killing the ACA despite his vocal misgivings about the Senate repeal plan.

You can imagine my surprise this morning when I woke up and found that John McCain was the deciding vote again...this time as the 51st vote to save Obamacare and kill the GOP's plan to repeal it.

A months-long effort by Senate Republicans to pass health legislation collapsed early Friday after GOP Senator John McCain joined two of his colleagues to block a stripped-down Obamacare repeal bill.

“I regret that our efforts were simply not enough, this time,” Senate Majority Leader Mitch McConnell said on the Senate floor after the vote. “This is clearly a disappointing moment.”

“It’s time to move on,” he added after pulling the bill from the floor.

The decision by McCain to vote no came after weeks of brinkmanship and after his dramatic return from cancer treatment to cast the 50th vote to start debate on the bill earlier this week. The GOP’s ‘skinny’ repeal bill was defeated 49-51, falling just short of the 50 votes needed to advance it. Republicans Susan Collins of Maine and Lisa Murkowski also voted against it.

It wasn’t immediately clear what the next steps would be for the Republicans. The repeal effort had appeared to collapse several times before, only to be revived. And several Republicans pleaded for their colleagues not to give up, even as President Donald Trump blasted the vote.

“3 Republicans and 48 Democrats let the American people down, As I said from the beginning, let ObamaCare implode, then deal. Watch!” he wrote on Twitter at 2:25 am Washington time.

But McConnell has struggled to find a compromise that satisfies conservatives, who have demanded a wholesale repeal of Obamacare, and moderates, who have been unnerved by predictions the bill would significantly boost the ranks of uninsured Americans.

Democrats immediately called for a bipartisan debate on how to fix Obamacare.

“We are not celebrating. We’re relieved,” Senate Minority Leader Chuck Schumer said after the vote. “Let’s turn the page and work together to improve our health care system.” He also said Democrats would be willing to help expedite bipartisan legislation and to advance Trump administration nominations.

So for now, millions of Americans can breathe a sign of relief as their health care is spared...for now.  The next battles include raising the debt ceiling and of course the House GOP Austerity Budget which will cut well more than a trillion dollars in spending, including hundreds of billions in Medicaid cuts.

But Republicans will need 60 Senate votes to pass those efforts.  Where things go from here is unknown but I do know Democrats will have much more leverage than they do now.

In the end, Lisa Murkowski and Susan Collins, the 48 Democrats in the Senate, the millions up us who marched and called over the last several months, they deserve credit.  They made McCain do the right thing in the end.  They deserve the plaudits and accolades.  Remember that.

We'll see.

StupidiNews!

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