A Few Choice Paragraphs

From “God and the Don” (CNN):

Two days before his presidential inauguration, Donald Trump greeted a pair of visitors at his office in Trump Tower.

As a swarm of reporters waited in the gilded lobby, the Rev. Patrick O’Connor, the senior pastor at the First Presbyterian Church in Queens, and the Rev. Scott Black Johnston, the senior pastor of Manhattan’s Fifth Avenue Presbyterian Church, arrived to pray with the next president….

It was clear that Trump was still preoccupied with his November victory, and pleased with his performance with one constituency in particular.

“I did very, very well with evangelicals in the polls,” Trump interjected in the middle of the conversation… 

They gently reminded Trump that neither of them was an evangelical.

“Well, what are you then?” Trump asked.

They explained they were mainline Protestants, the same Christian tradition in which Trump, a self-described Presbyterian, was raised and claims membership. Like many mainline pastors, they told the President-elect, they lead diverse congregations.

Trump nodded along, then posed another question to the two men: “But you’re all Christians?”

“Yes, we’re all Christians.”

From “Why Are Republicans Getting So Little Done? Because Their Agenda Is Deeply Unpopular” (The Washington Post):

Is there anything — anything — on the agenda of the Trump administration and the Republicans in Congress that enjoys the support of the majority of the public?

… The latest Kaiser Family Foundation tracking poll finds that an incredible 84 percent of Americans say that it’s important that any replacement of the Affordable Care Act maintains the ACA’s expansion of Medicaid. Even 71 percent of Republicans said so. Which is a problem for the GOP, because rolling back the Medicaid expansion is the centerpiece of the Republican repeal plan….so that they can fund a large tax cut that mostly goes to the wealthy.

The Senate is right now tying itself in knots trying to figure out how to pass something that satisfies the GOP’s conservative principles but that the public won’t despise, and it may be slowly realizing that this is impossible. “I don’t see a comprehensive health-care plan this year,” Sen. Richard Burr (R-N.C.) said yesterday, and he’s probably right.

Let’s move on to taxes. At yesterday’s speech announcing his pullout from the Paris climate agreement, President Trump made this little digression:

“Our tax bill is moving along in Congress, and I believe it’s doing very well. I think a lot of people will be very pleasantly surprised. The Republicans are working very, very hard. We’d love to have support from the Democrats, but we may have to go it alone. But it’s going very well.”

It was certainly interesting to hear that the tax bill is moving along in Congress, because there is no tax bill, neither moving along, standing still or spinning in circles. The administration has produced nothing more than a one-page list of bullet points on taxes, and congressional Republicans haven’t written a bill, either. There have been no hearings, no committee votes, nothing. This is one of those moments when it’s hard to figure out if Trump is lying or genuinely doesn’t realize what’s going on; earlier this week he tweeted:

Yet nothing has been submitted, nothing is moving along and nothing is ahead of schedule.

[Republicans] know that whatever bill they come up with is going to be hammered by Democrats for being an enormous giveaway to the wealthy. They could solve that problem by not making it an enormous giveaway to the wealthy, but then what would be the point?…

Are there other Republican initiatives that the public is behind? If there are, they’re awfully hard to find…. 

The deep unpopularity of this agenda goes a long way toward explaining why Congress has gotten almost nothing done this year… All Republicans feel nervous these days … That’s enough to make a lawmaker skittish about doing anything that might make the voters even more disgusted. So the legislative process gets dragged out for longer and longer.

Congressional Republicans complain that all the drama and scandals in the White House suck the air out of Washington… But the real problem is that the public just doesn’t want to buy what they’re selling.

From “I Can’t Stop Laughing at the Trump Administration. That’s Not a Good Thing” (The Washington Post):

Rex Tillerson has given zero indication that he knows how to run the State Department. Secretary of Commerce Wilbur Ross made clueless comments about Saudi Arabia that left the impression of him as a doddering fool. As secretary of homeland security, John F. Kelly keeps saying things designed to scare the hell out of people rather than make them feel more secure. He seems to have fallen victim to the worst pathologies of the Bush administration….. National security adviser H.R. McMaster and National Economic Council Director Gary Cohn seem to be focused far more on pleasing the president than offering cogent advice…. Jared Kushner? Please.

The rest of the White House staff is busy trying to be more absurd propagandists than Kim Jong Un’s flacks. So far, Defense Secretary Jim Mattis and U.N. Ambassador Nikki Haley are the only foreign policy hands who have managed to retain their dignity, and that’s mostly because what they say contradicts Trump….

Then there’s the president himself. Just a glance at the decision-making process he used on withdrawing from the Paris climate change accord makes it clear how manifestly unfit he is to do his job….he’s getting played left and right….It’s hard to overstate just how badly Trump has navigated the global stage. The Chinese and Saudis have figured out how to buy him off with a couple billion dollars and some flattery. There is zero evidence of any appreciable policy gains. U.S. leadership is being constantly questioned…. Outside of the Persian Gulf, Trump’s approach has done nothing but alienate allies and bolster potential rivals….

Heck, I could be on Twitter all day and only pay partial attention to briefings and still do a better job than the current clown show.

Finally, from “Trump’s Pathological Obsession with Being Laughed At” (The Week):

If you’ve been paying any attention at all over the last couple of years, you know this is a topic he returns to again and again. Search Trump’s Twitter feed and you’ll find that who’s laughing at whom is an obsession for him, with the United States usually the target of the laughter. “The world is laughing at us.” China is “laughing at USA!” Iran is “laughing at Kerry & Obama!” “ISIS & all others laughing!” “Mexican leadership has been laughing at us for many years.” “Everybody is laughing at Jeb Bush.” “Putin is laughing at Obama.” “OPEC is laughing at how stupid we are.” “Dopey, nobody is laughing at me!” I could go on (and on, and on), but I’ll spare you.

This is nothing new for Trump; he’s been talking about us being laughed at for his entire career in public life. In his first major foray into politics in 1987, he spent nearly $100,000 to buy full-page ads … lamenting the fact that America helped defend countries like Japan without getting enough in return (sound familiar?). The last line of the ad was, “Let’s not let our great country be laughed at anymore.” 

It is Trump’s gift to future biographers that he makes so little attempt to hide his psychological issues, but the desire to avoid being laughed at truly stands out. Perhaps there was some childhood trauma that led to this obsession, a schoolyard incident in which a bully pulled down Donny’s short pants to the guffaws of the other tots (particularly the girls!). It would be only fitting if Trump, the world’s foremost avatar of anxious masculinity, lived in terror of women’s laughter, but he seems concerned with everyone’s laughter, whether it comes from people or governments. As much as he cares about winning and getting the better of someone, defeat is marked by the ultimate humiliation of being laughed at.

Yet ironically, no president in history has ever been laughed at as much as Trump….

Hillary Clinton Isn’t Going Away

And that’s a good thing. She was interviewed at a conference in California yesterday. There was also a Q&A session.

She talks about the election and the challenges we face, including what she calls the “weaponization” of social media. She doesn’t mince words. I thought she could have answered one of the questions better, and I disagree with one thing she said, but after listening to her speak for an hour and 17 minutes, I came away feeling better about America and the future. Maybe you will too.

The video and a transcript of the whole conversation are available here at the Recode site.

180 Former Federal Prosecutors Call For a Special Counsel

The Federal court for the Southern District of New York handles trials in New York City and neighboring counties. It’s the most respected trial court in America. That’s why it’s sometimes called “The Mother Court”:

We think of the Southern District as the Mother Court for many reasons beyond seniority and geographic significance. Nationally recognized for the outstanding quality of its judiciary, the excellence of the advocates who appear before it, its authoritative opinions grounded in real substance, the sensitive management of its docket, and its relevance to the rule of law, the Mother Court is the gold standard for trial courts around the United States. It is the country’s crucible of justice in the continuously unfolding history of our Nation. [American Bar Association]

It’s news, therefore, that 180 former Federal prosecutors for the Southern District are calling for Deputy Attorney General Rod Rosenstein to appoint a Special Counsel to oversee the FBI investigation into DT’s campaign and Russia [City Project]:

May 12, 2017

Rod J. Rosenstein, Esq.
Deputy Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001

Dear Mr. Deputy Attorney General:

We, the undersigned, are former United States Attorneys and Assistant United States Attorneys for the Southern District of New York. In view of the recent termination of James Comey as Director of the Federal Bureau of Investigation, we are writing to request that you appoint a special counsel to oversee the FBI’s continuing investigation of Russian interference with the 2016 Presidential election and related matters. This letter is addressed to you rather than the Attorney General since he has recused himself from this matter.

As you know, Jim has had a long and distinguished career with the Department of Justice, beginning with his appointment as an Assistant United States Attorney in the Southern District of New York serving under United States Attorneys Rudolph Giuliani, Benito Romano and Otto Obermaier from 1987 through 1993. He returned to the Southern District of New York in 2002 when he was appointed the United States Attorney and served in that capacity until he was confirmed as Deputy Attorney General in 2003. Most of us came to know Jim when he worked in the Southern District of New York. Many of us know him personally. All of us respect him as a highly professional and ethical person who has devoted more than 20 years of his life to public service.

While we do not all necessarily agree with the manner in which he dealt with the conclusion of the Hillary Clinton email investigation, we sincerely believe that his abrupt and belated termination for this conduct, occurring months later and on the heels of his public testimony about his oversight of the investigation of Russian interference with the 2016 presidential election, has the appearance – if not the reality – of interfering with that investigation. Even if this investigation continues unabated, there is a substantial risk that the American people will not have confidence in its results, no matter who is appointed to succeed him, given that the Director of the FBI serves at the pleasure of the President. We believe it is critical in the present political climate and clearly in the public’s interest that this investigation be directed by a truly independent, non-partisan prosecutor who is independent of the Department of Justice, as is contemplated by 28 C.F.R. §600.1.

We are Republicans, Democrats and independents. Most importantly, we are proud alumni and alumnae of the Department of Justice. We do not suggest that you or any other members of the Department of Justice or a newly appointed Director of the FBI would not conduct yourselves properly, but the gravity of this investigation requires that even the appearance of political involvement in this investigation be avoided. As former prosecutors, we believe the only solution in the present circumstances would be to appoint a Special Counsel pursuant to 28 C.F.R. §600.1, and we urge you to take that course.

Respectfully submitted,

Jonathan S. Abernethy Elkan Abramowitz Richard F. Albert
Marcus A. Asner Martin J. Auerbach Miriam Baer
Thomas H. Baer Kerri Martin Bartlett Maria Barton
Andrew Bauer Bernard W. Bell Richard Ben-Veniste
Neil S. Binder Laura Gossfield Birger Ira H. Block
Suzanne Jaffe Bloom Barry A. Bohrer Daniel H. Bookin
Jane E. Booth Katharine Bostick Laurie E. Brecher
David M. Brodsky Stacey Mortiz Brodsky William Bronner
Jennifer K. Brown Marshall A. Camp Bennett Capers
Michael Q. Carey Neil S. Cartusciello Sarah Chapman
Robert J. Cleary Brian D. Coad Glenn C. Colton
William Craco Nelson W. Cunningham Constance Cushman
Frederick T. Davis John M. Desmarais Rhea Dignam
Gregory L. Diskant Philip L. Douglas Sean Eskovitz
Jesse T. Fardella Meir Feder Ira M. Feinberg
Michael S. Feldberg Steven D. Feldman Edward T. Ferguson
David Finn Eric P. Fisher Sharon E. Frase
Steven I. Froot Maria T. Galeno Catherine Gallo
Robert Garcia Kay K. Gardiner Ronald L. Garnett
Scott Gilbert Barbara S. Gillers Mark Godsey
Joshua A. Goldberg James A. Goldston Mark P. Goodman
George I. Gordon Sheila Gowan Stuart GraBois
Paul R. Grand Helen Gredd Bruce Green
Marc L. Greenwald Jamie Gregg James G. Greilsheimer
Jane Bloom Grise Nicole Gueron Barbara Guss
Steven M. Haber Jonathan Halpern David Hammer
Jeffrey Harris Mark D. Harris Roger J. Hawke
Steven P. Heineman Mark R. Hellerer William Hibsher
Jay Holtmeier John R. Horan Patricia M. Hynes
Linda Imes Douglas Jensen James Kainen
Eugene Kaplan Steven M. Kaplan William C. Komaroff
David Koenigsberg Cynthia Kouril Mary Ellen Kris
Stephen Kurzman Nicole LaBarbera Kerry Lawrence
Sherry Leiwant Jane A. Levine Annmarie Levins
Raymond A. Levites Donna H. Lieberman Jon Liebman
Sarah E. Light Jon Lindsey Robin A. Linsenmayer
Edward J.M. Little Mary Shannon Little Walter Loughlin
Daniel Margolis Walter Mack Kathy S. Marks
Mark E. Matthews Marvin S. Mayell Sharon L. McCarthy
James J. McGuire Joan McPhee Christine Meding
Paul K. Milmed Judith L. Mogul David E. Montgomery
Lynn Neils Peter Neiman Rosemary Nidiry
Tai H. Park Robert M. Pennoyer Elliott R. Peters
Michael Pinnisi Robert Plotz Henry Putzel
T. Gorman Reilly Emily Reisbaum Peter Rient
Roland G. Riopelle Michael A. Rogoff Benito Romano
Amy Rothstein Thomas C. Rubin Daniel S. Ruzumna
Robert W. Sadowski Elliot G. Sagor Peter Salerno
Joseph F. Savage John F. Savarese Edward Scarvalone
Kenneth I. Schacter Frederick Schaffer Gideon A. Schor
Julian Schreibman Wendy Schwartz Linda Severin
David Siegal Marjorie A. Silver Paul H. Silverman
Charles Simon Carolyn L. Simpson David Sipiora
Dietrich L. Snell Peter Sobol Ira Lee Sorkin
David W. Spears Katherine Stanton Franklin H. Stone
Richard M. Strassberg Howard S. Sussman Erika Thomas
Richard Toder Timothy J. Treanor Paula Tuffin
Peter Vigeland David Wales Max Wild
Samuel J. Wilson Elaine Wood Paulette Wunsch
Thomas Zaccaro Ellen Zimiles  

cc: Jefferson B. Sessions III, Esq.
Attorney General of the United States

This letter reflects the signers’ personal views, not of the U.S. Attorney’s Office for the Southern District of New York, the U.S. Department of Justice, or any other government agency.

Note: It represents my personal views too, although I carry no weight with the Department of Justice and they’re too nice to Comey.

PS: It’s actually 179 former prosecutors, but as we used to say, that’s close enough for government work.

The Fire Next Time by James Baldwin

The Fire Next Time, published in 1962, is a brief book. It begins with a short “Letter to My Nephew on the One Hundredth Anniversary of the Emancipation” and concludes with a longer “Letter from a Region in My Mind”.  It relates some of Baldwin’s experiences, but it’s real subject is racism in America:

This past, the Negro’s past, of rope, fire, torture, castration, infanticide, rape; death and humiliation; fear by day and night, fear as deep as the marrow of the bone; doubt the he was worthy of life, since everyone around him denied it; sorrow for his women, for his kinfolk, for his children, who needed his protection, and whom he could not protect; rage, hatred, and murder, hatred for white men so deep that it often turned against him and his own, and made all love, all trust, all joy impossible – this past, this endless struggle to achieve and reveal and conform a human identity, human authority, yet contains, for all its horror, something very beautiful. I do not mean to be sentimental about suffering – enough is certainly as good as a feast – but people who cannot suffer can never grow up, can never discover who they are. That man who is forced each day to snatch his manhood, his identity, out of the fire of human cruelty that rages to destroy it knows, if he survives his effort, and even if he does not survive it, something about himself and human life that no school on earth – and, indeed, no church – can teach. He achieves his own authority…. The apprehension of life here so briefly and inadequately sketched has been the experience of generations of Negroes, and it helps to explain how they have endured and how they have been able to produce children of kindergarten age who can walk through mobs to get to school [pp. 98-99].

It’s easy to say that Baldwin exaggerates sometimes, but nobody who hasn’t been part of an oppressed minority can say what it’s like to be told over and over again, in violent and non-violent ways, that you’re not as good as other people. Baldwin points out that his ancestors were brought to America decades before millions of immigrants whose descendants think of themselves as the “real” Americans. Racism truly is one of the fundamental factors in American history (just look at how people voted seven months ago).

The Fire Next Time concludes:

If we – and now I mean the relatively conscious whites whites and the relatively conscious blacks, who must, like lovers, insist on, or create, the consciousness of the others – do not falter in our duty now, we may be able, handful that we are, to end the racial nightmare, and achieve our country, and change the history of the world. If we do not now dare everything, the fulfillment of that prophecy, re-created from the Bible in song by a slave, is upon us: God gave Noah the rainbow sign, No more water, the fire next time!

If Baldwin were alive today, maybe he wouldn’t fear America’s end in hellfire and damnation. Then again, given the current crisis, maybe he would.

In Reaction to the Reactionary-in-Chief’s Latest Offense

The Federal Bureau of Investigation has only had seven Directors (as opposed to acting Directors) in its 82-year history. From what I can gather, none of the seven have been Democrats or liberals. Even Democratic Presidents have selected conservative Republicans for the job. There have only been three Democratic Presidents who had the chance to select an FBI Director and Jimmy Carter, Bill Clinton and Barack Obama were all known for their “bipartisan” tendencies. No doubt the three of them also wanted to appear “tough on crime”.

So it’s unlikely that our Republican President will nominate a Democrat to lead the law enforcement agency that’s looking into his Russian connection. But he could pick a respected Democrat. It would make the President look less like the criminal that he is.

I can’t think of anything else to say about this crisis that’s not already being said. For instance:

John Cassidy, The New Yorker:

Ever since [DT] took office, many people have worried about his commitment to democratic norms, the Constitution, and the rule of law. From the hasty promulgation of his anti-Muslim travel ban onward, he has done little to salve these concerns. Now he has acted like one of the authoritarian leaders he so admires—a Putin, an Erdoğan, or an El-Sisi.

Congress must restrain him and reassert the principles of American democracy by appointing an independent special prosecutor to take over the Russia investigation. If the legislature won’t act unprompted—and the initial signs are that most of the G.O.P. intends to yield to the President’s abuse of his power—it will be incumbent on the American people to register their protests forcefully, and to put pressure on their elected officials. [DT] is a menace. He must be stopped.

David Cole, The New York Review of Books:

Current investigations in both the House and the Senate are controlled by Republicans, and as House Intelligence chair Devin Nunes has shown, party loyalty can all too easily compromise a meaningful inquiry. In early April, Nunes was forced to step down from his committee’s investigation… That’s why Comey was such a threat to [DT]. He was the only official independent of the administration and its party reviewing the campaign’s ties to Russia….

The vitality of the rule of law in the United States will depend on whether the American people are willing to hold the Trump administration accountable. As Archibald Cox said, shortly after Richard Nixon fired him as Watergate special prosecutor: “Whether ours shall continue to be a government of laws and not of men is now for Congress and ultimately the American people.” We remain a democracy, at least for the time being, and if we the people insist on an independent investigation, we will get one. But only if we insist—including by demanding that our elected representatives take full responsibility for addressing this crisis with every power at their disposal. As Ben Franklin reportedly warned some 240 years ago, the Framers gave us “a republic, if you can keep it.” [DT]’s latest action puts that question once again to the test.

So far, Congressional Republicans are either supporting the President’s obstruction of justice or expressing “concerns”. (If he were to murder a nun in the middle of Pennsylvania Avenue, the most thoughtful Republicans might be moved to express “deep concerns”.)

It’s not clear, therefore, that putting pressure on Republicans will make much of a difference. If you want to see what members of Congress are saying, however, The New York Times is keeping track.

As of 3:40 p.m. today

138 Democrats (or independents) have called for a special prosecutor 

84 Democrats (etc.) and 5 Republicans have called for an independent investigation.

41 Republicans and 9 Democrats have questions or concerns (the Democrats have deep concerns)

96 Republicans are neutral or support the President’s action

146 Republicans and 12 comatose Democrats haven’t said a thing 

Zero members of Congress have called for the President’s immediate impeachment (I added this category myself. It doesn’t hurt to mention it.)