Five Days Trump Wants to Forget

Boy howdy, did Trump ever have a bad week. Let’s review.

Monday, February 14

Trump’s longtime accounting firm, Mazars USA, threw Trump under the bus by declaring that the financial statements they had prepared for Trump over the years “should not be relied upon” and that it was severing its business ties with Trump. Happy Valentine’s Day, Donald! Trump reacted by releasing some unhinged statement making claims about how wealthy he is. Steve Benen

The former president did not take the news well, and there’s no great mystery as to why. His accountants have an enormous amount of potentially incriminating evidence against Trump, and the more the firm cooperates with investigations, the more legal trouble the Republican is likely to face. It’s why George Conway said this week that Mazars breaking up with Trump is “worse for him than getting impeached twice.”

The day after the public learned of the firm’s decision, Trump issued an unusually long written statement — it was over 1,100 words — that appeared designed to calm any potential fears about the status of his supposedly vast wealth. …

… To bolster his assertions, the rattled Republican referenced specific data from a June 2014 “statement of financial condition,” prepared by Mazars, that pointed to a pre-candidacy net worth of nearly $5.8 billion.

As The New York Times noted overnight, the problem with Trump’s claim is that it’s at odds with his own previous assertions.

This is what the New York Times noted

When he declared his candidacy in 2015, he produced what he called his “Summary of Net Worth as of June 30, 2014” with a very different number: $8.7 billion. A month later, he upped the ante, releasing a statement pronouncing that his “net worth is in excess of TEN BILLION DOLLARS.”

Back to Steve Benen —

It’s as if he effectively said, “My finances shouldn’t be the subject of fraud investigations, and to prove it, here are some inherently sketchy numbers about my finances.”

Tuesday, February 15

Previously, on February 11, Fox News fell down a new rabbit hole, taking the entire right-wing media circus with it. Amidst the flying teacups and white rabbits with pocket watches, lo, there was a new Hillary Clinton scandal! She had paid informants spying on the Trump campaign and White House! This information, we were told, came from a a court filing by John Durham, the alleged special counsel who is investigating the Trump-Russia investigation.

This must have cheered Trump immensely. “They spied on my campaign!” was trotted out as Trump’s new rallying cry. Alas, by February 15 the allegations were being soundly debunked. See Fox News Found a New Rabbit Hole for details.

Wednesday, February 16

A relatively quiet day for Trump. But then “President Biden ordered the National Archives to hand over a range of visitor logs from the Trump White House to the House committee investigating the Jan. 6 attack on the Capitol, rejecting his predecessor’s claim that the material is protected by executive privilege,” the New York Times reported.

Thursday, February 17

Citing the recent statement from Mazers over Trump’s fictional finalcial statements, the House Committee on Oversight and Reform asked the General Services Administration to terminate Trump’s lease on the old Post Office Building in D.C. This is, of course, the site of Trump’s Washington D.C. hotel. The Committee believes Trump submitted  fradulent financial statements to obtain the lease in 2013.

This is not the first time this committee expressed concern about the lease. In October 2021, the committee said that Trump’s financial statements had failed to report over $70 million in lost revenue from the hotel. But lo, about the same time, it was announced that Trump had a deal to sell the lease to a Miami-based investment group for $370 million. This announcement caused much head scratching among people who understand these things — see Why Would Anyone In Their Right Mind Pay $370 Million For Trump’s D.C. Hotel? — but apparently it’s a real deal, still pending. It would take the turkey off Trump’s hands and leave him with a considerable profit for his trouble. But if the lease is canceled, Trump loses it all.

But it gets better.

Also on Thursday, New York Supreme Court Justice Arthur Engoron ruled that Trump, plus Junior and Ivanka, must respond to subpoenas and submit to being deposed by New York Attorney General Letitia James within 21 days. A.G. James is investigating whether the Trump Organization broke state laws in its business dealings.

The court hearing must have been a doozy. In the New York Times

The judge’s decision followed a fiery virtual hearing in State Supreme Court in Manhattan on Thursday, during which lawyers for Mr. Trump and the attorney general made their cases. Several times, Mr. Trump’s lawyers became so heated that Justice Engoron and his law clerk had to call for a timeout — raising their hands in the shape of a T, a gesture more often seen at a sporting event than in a courtroom.

And this was reported by Business Insider — Trump’s attorney, Alina Habba, “repeatedly interrupted the judge at a contentious hearing on Thursday and grew so heated at times that the law clerk had to remind her several times not to speak over the judge.”

Also, too,

Habba also veered away from the focus of the hearing to air out right-wing conspiracy theories about Hillary Clinton and what Trump has alleged was an illegal plot to spy on his campaign and administration.

“I want to know, Mr. Wallace, Ms. James, are you going to go after Hillary Clinton for what she’s doing to my client?” Habba said, referring to the attorney general of New York and Kevin Wallace, an attorney representing her in the hearing. “That she spied at Trump Tower in your state? Are you going to look into her business dealings?”

Durham’s initial filing mentioned data collected from the EOP and a February 2017 meeting in which research was discussed. This was interpreted as meaning that the data involved in the analysis included data collected during Trump’s presidency (which, of course, began in January of that year). Setting aside the limited scope of this data (there was no “listening in on”) and the authorization under which it was collected, the team at Georgia Tech that conducted the research denied that it included anything collected after 2016. And, here, Durham’s admitting that this was true.

Trump must run farm teams of wackadoo lawyers. When one flames out, just call up the next one. Anyway, it’s assumes Trump will appeal this. It’s assumed the appeal will waste some time and then fail.

Friday, February 18

The National Archives confirmed that it had found “classified national security information” in the famous fifteen boxes retrieved from Mar-a-Lago recently. The Archives have again referred the matter to the Justice Department.

Also, the Archives “identified certain social media records that were not captured and preserved by the Trump Administration” and said that some White House staffers had been conducting official business using non-official messaging accounts. Further, these messages were not copied to official accounts, as the law required.

Tell me again what Hillary Clinton why they wanted Hillary Clinton locked up? Oh, yeah, emails on a private server. Hmm.

Also on Friday, a federal judge “sweepingly rejected” Trump’s claim of absolute immunity from lawsuits accusing him of inciting the January 6 insurgency. “In a searing, 112-page opinion that quoted repeatedly and at length from the former president’s own public statements, U.S. District Judge Amit P. Mehta refused to dismiss three lawsuits against Trump by Democratic House members and police officers seeking damages for physical and emotional injuries they incurred in the assault,” writes Spencer S. Hsu at WaPo.

But wait, there’s more!

It’s now being widely reported that John Durham himself threw cold water on the media frenzy that followed his court filing of February 11. This is from a new filing

“[D]efense counsel has presumed the Government’s bad faith and asserts that the Special Counsel’s Office intentionally sought to politicize this case, inflame media coverage, and taint the jury pool,” Durham wrote. But, he added later, “[i]f third parties or members of the media have overstated, understated, or otherwise misinterpreted facts contained in the Government’s Motion, that does not in any way undermine the valid reasons for the Government’s inclusion of this information.”

Background — awhile back Durham obtained an indictment against cybersecucrity lawyer John Sussman, who in the past has worked for Hillary Clinton and the Democratic party. Sussman is something of a lynchpin in all the conspiracy theories about Hillary Clinton spying on Trump. The filing of last week that sent Fox News down the rabbit hole was actually about possible conflicts of interest on Sussman’s legal team. See Law & Crime for more details than you probably want to know.

To grossly oversimplify all the lawyer stuff, last week Sussman filed his own brief objecting to Durham’s February 11 brief. Among other things, Sussman accused Durham of politicizing the issues surrounding whatever legal conflict is going on here. And Sussman asked the court to strike a bunch of paragraphs from Durham’s February 11 brief. The paragraph above is from Durham’s response to Sussman’s request.

Philip Bump in WaPo:

Durham is stating, explicitly, that members of the media may have “overstated” and “misinterpreted” facts included in his filing. This isn’t me, Washington Post guy, saying that his filing sparked an inaccurate narrative. It’s Durham saying that this (might, perhaps, maybe) happened.

It’s important to point out what immediately preceded that “if.” Durham had mentioned that stuff about data from the White House being included in the Russia research because “a member of the defense team was working for the Executive Office of the President of the United States (‘EOP’) during relevant events that involved the EOP.”

To a layperson, that seems unremarkable. But, as Charlie Savage noted when writing for the New York Times, it is Durham validating reporting that indicated there was no research conducted on data collected from the Trump White House at all.

This is giving me a headache. I am just passing this on; don’t ask me to explain it.

Some time last week Fox News was actually covering a live speech Hillary Clinton was giving to a convention of New York Democrats. I am told they thought she was going to announce another run for the presidency. Only righties think Hillary is going to run again; she looms in their nightmares like Jason from the Friday the 13th films, a ghoul who can never be killed. But when she started making fun of the “she spied on Trump” hysteria, they cut away. (This was reported to me; I didn’t see it for myself.)

And Durham “implicitly acknowledged that White House internet data he discussed, which conservative outlets have portrayed as proof of spying on the Trump White House, came from the Obama era,” according to the New York Times. Of course, Trump will never, ever let go of the claim that Hillary Clinton somehow spied on him. Hillary brilliantly spied on the Obama White House to get to Trump. It’s like quantum leap spying.

Internal Polling in Missouri Worries GOP

I am not hearing about polls in the race for the Republican U.S. Senate nomination in Missouri, which is an open seat since Sen. Roy Blunt is retiring. I don’t believe there has been any public polling. But I take it from articles in Politico today that former governor Eric Greitens is ahead, according to internal polling.

This surprises me, because I never hear about Eric Greitens. On the other hand, another candidate, Attorney General Eric Schmitt, is in the news every day. He has been vigorously grandstanding over “tyrannical” covid restrictions and suing school districts that won’t drop mask mandates. He likes to file attention-grabbing lawsuits, such as a recent one about the admission and parole of refugees at the southern border,who are minor children. (Last I heard, Missouri does not border Mexico.) One could argue he’s using his office and the taxpayers’ dime to campaign. But one hears his name so much I would have assumed he was the front runner.

The other current candidates of note include Mark McCloskey, who has been blessedly invisible lately, and U.S. Representative Vicky Hartzler, who has a long history of campaiging against same-sex marriage and Planned Parenthood. I had never heard of her until recently — her district is in another part of the state — but she may become a contender, as I will explain in a bit.

The state Republican party does not want Greitens to be the nominee, because they believe he would be vulnerable in a general election. A recent head-to-head poll found him only 4 points ahead of the current Democratic front runner, Lucas Kunce.  The article doesn’t say if there has been head-to-head polling with Schmitt or McCloskey against Kunce. I had never heard of Kunce before last year, but from what I’ve seen so far, he’d be an excellent senator. Barring some unfortunate turn of events, he’s got my vote in the primary.

Greitens is a slimebag, no question. But it also makes me crazy that news media keep saying he resigned because of a sex scandal. No, he did not. Conventional wisdom in these here parts was that he could have survived the sex scandal. I say he resigned because the Missouri House was investigating him for possible campaign finance violations, and when a judge ordered him to turn over documents from his dark money fundraising group, he resigned almost immediately. Like, later that same day. He had also been charged with computer tampering to hide the dark money donations, and when he resigned the charge was dropped. This suggests a more compelling reason for the resignation than the lady who complained about being tied up to exercise equipment in his basement and molested. She wasn’t planning on pressing charges, as I recall, and without a trial the episode would have faded from the news. See Bad Coverage of the Greitens Resignation from May 2018.

The Greitens issue has put our other senator, Josh “Fist Pump” Hawley, into an awkward position. Hawley was the state attorney general in 2018, and he investigated Greitens for campaign finance violations. I understand that the Hawley investigation brought about the computer tampering charge. Hawley was staying away from endorsing anybody, but over the weekend he endorsed Vicky Hartzler. Why Hartzler and not Schmitt or even McCloskey I do not know.

But then as soon as Hawley announced his endorsement, he was slammed by another candidate for Roy Blunt’s seat, U.S. Rep. Billy Long of the 7th district, which includes Branson. Long is a loyal Trump factotum who supports whatever Trump supports and opposes whatever Trump opposes. The Springfield News-Leader reported,

A frequent user of Twitter, Long has posted several times in recent days about Hawley and Hartzler. He criticized both of their camps for selling merchandise not made in the United States, and pointed to Hartzler’s previous vote on “The Great American Outdoors Act.”

“PS I voted for it if you’re taking notes,” Long wrote.

Whatever. It must be that Hartzler is polling better than Long.

Speaking of Josh Hawley, the campaign merch he is selling includes this January 6 commemorative “Fist Pump” mug.

Vice, https://www.vice.com/en/article/k7wp8x/josh-hawley-mug-fist-pump-jan-6-rioters

I can’t even. And I don’t know where he gets his merch made.

The other factor is, of course, the Trump endorsement. Politico reports that Republicans want Trump to endorse Hertzler (why not Eric Schmitt? His polling must be terrible). The consenses is that if Trump does endorse Hertzler, she wins the primary.

“But Trump feels burned by some of his previously endorsed candidates who’ve fizzled out, and has been reluctant to wade in unless he’s sure he’s backing a winner,” says Politico. This doesn’t exactly speak well to the power of Trump’s endorsement.

In another Politico article, I learn why I haven’t seen any campaign ads on television yet.

Unlike other crowded Republican races where Senate candidates and their super PACs have already spent tens of millions of dollars on ads, the airwaves in Missouri are quiet. Instead, the campaigns have been battling it out at grassroots events and on their own social media platforms, with no one emerging yet as a clear front-runner.

I hope that continues for a while.

In other Missouri news: Glenn Thrush writes for the New York Times that the Justice Department yesterday sued the state for attempting to nullify federal firearm law.

The Second Amendment Preservation Act, enacted last year, provides for penalizing law enforcement agencies that knowingly enforce federal gun laws within the state with a fine of about $50,000 per violating officer. The blatantly unconstitutional Act explicitly states that any federal laws, executive orders or other federal regulations used to track or take away firearms from law-abiding citizens will be considered void in Missouri. This is nullification on its face, even as Gov. Parson and A.G. Schmitt insist it isn’t. Right; and this is not a duck.

St. Louis filed suit against the state over the law last June, and in December the U.S. DOJ filed a brief in support of the St. Louis suit. Glenn Thrush writes that the state Supreme Court was hearing arguments on the St. Louis suit, and the lawyers were nearing the end of their presentations.

The suit came two days after lawyers in the Missouri case began wrapping up their closing arguments before the state Supreme Court, and Republicans were quick to suggest the Justice Department’s suit was intended to pre-empt a possible loss in the state court.

This is the same state supreme court that thinks “actual innocence” is not a valid reason to let someone out of prison. I wouldn’t trust them to know the supremacy clause from a toaster.

On the other hand, I am pleased to report that the “Make Murder Legal” act I wrote about a few days ago has died in committee. Maybe it won’t come back.

Fox News Found a New Rabbit Hole

Recently, Fox News reported that John Durham — the lawyer who was tasked by William Barr to investigate the origins of the Trump-Russia investigation — had learned that in 2016 Hillary Clinton’s campaign had paid a technology company to infiltrate a White House server. And then the Washington Examine reported Durham says Democrat-allied tech executive spied on Trump’s White House office.

You will not be surprised that the entire right-wing echo chamber blew up over this. But I also noted, as I browsed headlines, that absolutely nothing was being reported about this outside the right-wing echo chamber. This usually means the right-wing news outlets have found themselves a new rabbit hole to fall down. I decided to sit on this until the people who get paid to investigate and explain things worked it out.

Here’s Charlie Savage at the New York Times.

The latest example began with the motion Mr. Durham filed in a case he has brought against Michael A. Sussmann, a cybersecurity lawyer with links to the Democratic Party. The prosecutor has accused Mr. Sussmann of lying during a September 2016 meeting with an F.B.I. official about Mr. Trump’s possible links to Russia.

The filing was ostensibly about potential conflicts of interest. But it also recounted a meeting at which Mr. Sussmann had presented other suspicions to the government. In February 2017, Mr. Sussmann told the C.I.A. about odd internet data suggesting that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.

Mr. Sussmann had obtained that information from a client, a technology executive named Rodney Joffe. Another paragraph in the court filing said that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and that he and his associates “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.

Citing this filing, Fox News inaccurately declared that Mr. Durham had said he had evidence that Hillary Clinton’s campaign had paid a technology company to “infiltrate” a White House server. The Washington Examiner claimed that this all meant there had been spying on Mr. Trump’s White House office. And when mainstream publications held back, Mr. Trump and his allies began shaming the news media. …

… There were many problems with all this. For one, much of this was not new: The New York Times had reported in October what Mr. Sussmann had told the C.I.A. about data suggesting that Russian-made smartphones, called YotaPhones, had been connecting to networks at Trump Tower and the White House, among other places.

The conservative media also skewed what the filing said. For example, Mr. Durham’s filing never used the word “infiltrate.” And it never claimed that Mr. Joffe’s company was being paid by the Clinton campaign.

Most important, contrary to the reporting, the filing never said the White House data that came under scrutiny was from the Trump era. According to lawyers for David Dagon, a Georgia Institute of Technology data scientist who helped develop the Yota analysis, the data — so-called DNS logs, which are records of when computers or smartphones have prepared to communicate with servers over the internet — came from Barack Obama’s presidency.

Jonathan Chait:

Durham has an established history of floating allegations that disintegrate upon inspection. The last time he did this, Durham got the mainstream media to quickly amplify his charges before subsequent reporting showed how weak they were.

That’s a “fool me once” trick. So now, appropriately, the media is going to perform its due diligence and look into Durham’s charges rather than echo them in credulous headlines.

Sure enough, the mainstream news has begun reporting on the filing. Here’s CNN, the Washington Post, and the New York Times. Somehow, despite its absolute determination to ignore the story, the mainstream media has wound up producing several reports covering it. The flesh is weak.

These stories completely debunk the erroneous Fox News coverage that prompted all the right’s complaints.

See also Marcy Wheeler, John Durham Is the Jim Jordan of Ken Starrs; Paul Waldman, The Republican propaganda machine kicks into high gear; and Charles Pierce, The Durham Report Is Vague Enough to Be Useful.

Sarah Palin’s Libel Suit Dismissed

In a move that already has the right wing howling for blood, the judge in Sarah Palin’s suit against the New York Times has dismissed the case even as the jury is still deliberating. WaPo:

A judge on Monday indicated he will dismiss Sarah Palin’s libel case against the New York Times, saying she had not met the legal standard showing that the newspaper acted with “actual malice” in publishing a 2017 editorial that included an inaccurate claim about her.

Judge Jed S. Rakoff told the lawyers involved in the case that he will formally issue his ruling after a jury that has been deliberating since Friday returns its decision.

The judge will allow jury deliberations to continue. He assumes Palin will appeal the decisions, and he wants future courts to have both his ruling and the jury’s decision to consider.

As I understand it, the judge ruled on a suit to dismiss filed by the New York Times. He said Palin simply hadn’t met the “actual malice” and “reckless disregard” standards set by the Supreme Court in New York Times v. Sullivan (1964). See also The Right vs. Freedom of the Press.

Palin appears to have tanked her own case by behaving like a ditz on the stand and in the courtroom. (At one point she yelled “Objection!” When told only the lawyers could do that, she said “I just thought it was funny.”)  See especially Erik Wemple, Sarah Palin bombs on witness stand in New York Times trial and ‘All they had to do is dislike her a little less’: Palin lawyer slams NYT in closing argument.

Rand Paul Wants Trucks to “Clog Things Up”

The cognitively challenged Sen. Rand Paul wants truck convoys to disrupt the Superbowl and then head for D.C. He wants the trucks to “clog things up,” he said.

Yeah, Rand, so do I. They should be as obnoxious as they can. I want lots of videos of trucks helching out exhaust and of angry people unable to get to work or school or the hospital. That’s the ticket. Just the thing to make Americans sick to death of right-wing assholes, assuming they aren’t already.

Zack Beauchamp writes at Vox that the Freedom Convoys in Canada aren’t a people’s revolt. It’s just some fringe losers protesting their impotence.

News coverage of the convoy, especially from sympathetic anchors on Fox News, may lead Americans to believe that Canada is in the midst of a far-right popular uprising. In reality, the mainstream consensus in Canada about Covid-19, and the nation’s institutions in general, is holding. The so-called trucker movement is on the fringe, including among Canadian truckers — some 90 percent of whom are vaccinated.

They are angry because they have lost.

However, the convoys are getting lots of money and attention, and they are providing a focal point for far-right organizing. Canada’s relatively weak extreme Right could start being a bigger factor, even if they are unpopular.

And this happened, which really sucks

Ottawa police said Thursday that a significant amount of calls that “almost jammed” the city’s 911 phone system on Wednesday evening came from U.S. addresses.

“They were coming in from the United States,” Ottawa police chief Peter Sloly said in a news conference Thursday.

“Not exclusively, but significantly from United States addresses.”

How big of a jerk does one have to be to think it’s fun to jam up a city’s 911 system?

Josh Marshall points to a Canadian blog, which reports,

What’s happening in Ottawa, they were clear, is two separate events happening in tandem: there is a broadly non-violent (to date) group of Canadians with assorted COVID-related gripes, ranging from the somewhat justified to totally frickin’ insane. But that larger group, which has knocked Ottawa and too many of our leaders into what my colleague Jen Gerson so perfectly described as “stun-fucked stasis,” is now providing a kind of (mostly) unwitting cover to a cadre of seasoned street brawlers whose primary goal is to further erode the legitimacy of the state — not just the city of Ottawa, or Ontario or Canada, but of democracies generally.

There are reports the Canadian police are clearing trucks away from the Ambassador Bridge into the U.S. right now, but I have no sense of how that’s going. Update: The bridge is still clogged as of late this afternoon. They’re going to have to call out troops, I’m afraid. This is not something police can handle, I don’t think.

Josh Marshall writes,

One thing that becomes clear reading this is that the important stuff happened before the authorities in Ottawa even knew what was happening. And then it was too late. Once you have an organized, fortified encampment of far-right agitators you can’t just dismantle that without the potential or maybe certainty of a lot of violence. I really hope U.S. authorities are watching this closely to prevent things like this from happening on the U.S. side of the border. At the beginning you can deal with it in a pretty straightforward way. If you let it get out of control, as they did in Ottawa, the options become really bad.

Maybe between this and January 6 they’ve learned a couple of lessons. Like, take threats from right-wing white dudes seriously.

On to Toiletgate. Do see 15 boxes: Inside the long, strange trip of Trump’s classified records at WaPo (subscription firewall should be down). Important takeaways:

One, “Trump was noticeably secretive about the packing process, and top aides and longtime administrative staffers did not see the contents, the people said.” So Trump is the only one who knows what documents were packed.

Two, the National Archives started asking about missing documents in the summer of 2021. “But it was not until the end of the year that the boxes were finally readied for collection, according to two people familiar with the logistics, one of whom described the ordeal as ‘a bit of a process.'” Trump had plenty of time to go through the documents and destroy those he REALLY doesn’t want anyone to know about. So a surprise raid with a search warrant might do no good, although I’d like to see it tried anyway. It’s possible there’s juicy stuff he didn’t try to flush.

Three, understandably, there are all kinds of security protocols that are supposed to be followed when classified documents are moved, but none of those were followed in Trump’s case.

Trump Took Top Secret Documents to Florida

So late last night, reports started coming out about how many of the documents the National Archives retrieved from Mar-a-Lago were clearly marked “classified,” and some were “top secret.”  Oops!

There was some excuse-making about how the packing was done in a rush. It may well have been. Usually the packing process would have began as soon as the election was called, but since Trump refused to concede it probably was a last-minute thing. In the rush, who wouldn’t have confused a document marked “top secret” with one of Melania’s favorite family recipes? (/snark)

Was Trump thinking of selling some secrets, I wonder? He’ll do anything for a buck.

Even before the “top secret” news was released, there was musing that Trump’s reaction to criticism of his handling of documents was unusually lawyerly. Trump is  “characterizing the whole thing as a big misunderstanding and trying to appear collaborative rather than combative,” writes Amber Philips at WaPo.

His usually pattern, of course, is to deny, insult whoever criticized him, and then whine piteously about how unfair it all is. Instead, he released a statement that said this:

“Following collaborative and respectful discussions, the National Archives and Records Administration (NARA) openly and willingly arranged with President Trump for the transport of boxes that contained letters, records, newspapers, magazines, and various articles. Some of this information will someday be displayed in the Donald J. Trump Presidential Library for the public to view my Administration’s incredible accomplishments for the American People.”

Yeah, for once, he’s letting the lawyers do their jobs.

Oh, wait, cancel that. This just in today:

On Friday, the former president lashed out at the House select committee investigating the attack on the US Capitol as “out of control” while reviving baseless voter fraud narratives.

He can’t help himself. It’s a compulsion. Like dropping random things into a toilet to see if it will flush.

As a US congressional committee prepares to investigate Donald Trump’s handling of administration documents after 15 boxes of records were transferred from his Florida resort, the former president is insisting he was “under no obligation” to hand any materials over – despite laws requiring him to do exactly that.

The thing is — and I would have explained this to him back in 2016, if he’d asked — that when you’re the POTUS you can’t hide. You may be able to hide a few things for a little while, but sooner or later everything you did in the White House will become public. And all the financial shenanigans he got away with for years, because no one wanted to bother about investigating and prosecuting him, are now a big bleeping deal that will be publicly unraveled sooner or later. Because now a whole lot of people are really, really eager to investigate and prosecute Trump

Anyway, not it’s not just the January 6 Committee but the House Oversight Committee looking into things. And the National Archives is bringing the Justice Department into the mix, if the JD wasn’t already in it. It’s hard to tell with the JD.

In other news — There are several reports that Sarah Palin pretty much screwed her own lawsuit against the New York Times. See:

Erik Wemple, WaPo, Sarah Palin bombs on witness stand in New York Times trial

Seth Stevenson, Slate, The Moment Sarah Palin’s Testimony Fell Apart

Forbes (Video), Sarah Palin Struggles To Show Professional Damage From N.Y. Times Op-Ed In Defamation Trial Testimony

The judge hearing the case has already said, when the jury was not present, that he would not award punitive damages against the Times. “The evidence frankly that Mr Bennet harboured ill will toward Ms Palin is quite modest indeed,” he said. Let’s see what the jury does. I believe closing arguments are today.

A worker stacks boxes on West Executive Avenue before loading them onto a truck at the White House in Washington.
Image Credit: AFP https://gulfnews.com/photos/news/photos-moving-out-of-the-white-house-ahead-of-biden-inauguration-1.1610693122302?slide=11

Trump Accused of Flushing Evidence

The first thing I read this morning was this:

While President Trump was in office, staff in the White House residence periodically discovered wads of printed paper clogging a toilet — and believed the president had flushed pieces of paper, Maggie Haberman scoops in her forthcoming book, “Confidence Man.”

Of course he did. One, because he was a spoiled brat and probably never got punished for flooding the bathroom, so he never learned that some things don’t flush. And two, because he had a lot to hide.

A couple of years ago he was going on about how toilets don’t flush any more at his rallies. At the time, people assumed he resented government water-saving regulations. But I guess if he was trying to flush documents he probably did need to flush ten times. More, even. The White House custodial staff must have been glad to see him go.

So Trump ripped up documents that had to be taped back together to be preserved, and in some cases what the National Archives sent to the January 6 committee was just paper bits that hadn’t been re-assembled. I believe some time back I wrote about Trump’s poor staff having to scotch tape papers together after he’d ripped them up, but I can’t find the post now. Then the Archives had to retrieve 15 boxes of White House documents, including the love letters from Kim Jong Un and the famous Sharpied hurricane map, from Mar-a-Lago.

The map definitely needs to be in the Trump Presidential Library, if it’s ever built.

Trump’s representatives — the Mar-a-Lago staff, I assume — said they “are continuing to search for additional presidential records that belong to the National Archives,” the Archives said in a statement.  There are reports that some of the documents Trump removed from the White House and took to Florida may have been classified. An inspector general in the Justice Department is supposed to be looking into this.

And it’s known he took a scale model of a redesign for Air Force One from the Oval Office to display in Mar-a-Lago. I think the White House staff needs to audit the art and the silverware.

And, of course, Trump was advised multiple times about the Presidential Records Act and why he couldn’t destroy documents, but he did it, anyway. This tells us he can’t change. He probably even was told as a child not to flush random things down the toilet and clog it up, but he won’t do as he’s told, probably because he’s a sociopath and he’s never had to do as he’s told.

Could Trump be prosecuted for violating the Presidential Records Act? I take it this has not happened before, although it’s never been so flagrantly violated before. Per Peter Weber in The Week:

Trump’s repeated ripping up of documents “is against the law, but the problem is that the Presidential Records Act, as written, does not have any real enforcement mechanism,” James Grossman at the American Historical Association tells the Post. One Archives official described the Presidential Records Act as functionally a “gentlemen’s agreement.”

“You can’t prosecute for just tearing up papers,” Charles Tiefer, former House counsel, tells the Post. “You would have to show [Trump] being highly selective and have evidence that he wanted to behave unlawfully.”

Trump routinely ripped up papers throughout his presidency, despite repeated warnings from lawyers and two chiefs of staff that he was violating the Presidential Records Act, the Post reports, citing 11 former Trump aides and associates. “He didn’t want a record of anything,” one former senior Trump official said. “He never stopped ripping things up. Do you really think Trump is going to care about the records act? Come on.”

While Trump was still president the citizens’ watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a suit challenging the use of encrypted messaging apps among the Trump White House staff, which was a lot skeezier than anything Hillary Clinton did with the damn emails. CREW said the messaging apps violated the Presidential Records Act, since there was no record kept of the messages. Other groups filed similar suits when it was learned Trump was not keeping records of meetings and phone calls with foreign leaders — especially Vladimir Putin — and also that he was ripping some documents up. The cases were all dismissed by various courts; I don’t believe any are still pending. As I understand it, the various courts ruled that the Presidential Records Act is a rare thing that can’t be enforced through a court. Congress or the Justice Dpeartment would have to get involved, I believe.

But we also learned that the White House phone records received by the January 6 committee from the National Archives have gaps during times it is known Trump was on a phone.

The call logs obtained by the committee document who was calling the White House switchboard, and any calls that were being made from the White House to others. Mr. Trump had a habit throughout his presidency of circumventing that system, making it far more difficult to discern with whom he was communicating.

This really cannot be allowed to stand.

Elsewhere in Trump World — the Derp abides. I got a kick out of this Lawrence O’Donnell sequence calling out the relentless stupidity of Marjorie Taylor Greene and other Trumpers.

Of Course There Are Freedom Convoys

Since I am a long way from Canada I can’t very well speak for Canadians. But I get the impression that most Canadians aren’t that happy with the trucker protests in Ottawa and elsewhere. See Majority of Ottawa residents oppose ‘Freedom Convoy’ protest, poll finds.

See also After weekend of protests, Ottawa residents are feeling the effects at the Canadian Broadcasting Corporation. My impression is most people are way over having their lives disrupted. Businesses have closed, people can’t get to work, it’s a mess. And now I’m reading that “freedom convoys” are starting up in other countries, including Europe.

J.J. McCullough, a Canadian writing in the Washington Post, wrote,

On television and social media, representatives of both the right and left frequently seem to be on the brink of tears when discussing the event, suggesting that in just a few short days the irate convoy has already achieved a totemic importance in Canadian political culture far exceeding technical debates over what exactly the protesters “want” or whether they represent the interests of the broader Canadian trucker community.

In many ways, the protest feels almost exquisitely designed to inflame every current anxiety in the Canadian psyche.

And Gary Mason writes in the Toronto Globe and Mail,

MAGA hats and Trump signs have been ubiquitous at the Freedom Convoy occupation in Ottawa, which has attracted donations and political support from the U.S. One man rode a horse through the downtown streets carrying a flag emblazoned with the word “Trump.” The word ‘freedom’ could be found on most signs being touted by the protesters. For many, it’s a word that has become code for white-identity politics and the far-right’s weapon of choice in the culture wars.

Now even Canada won’t be a safe place to escape to. The Times of Israel reports that the “protesters” have displayed swastikas and Confederate flags also. Yes, swastikas and Confederate flags say so much about vaccination mandates.

Times of Israel photo

I understand a “freedom convoy” is being organized to converge on Washington DC, although I don’t know when. Right now the organizers are upset because their Facebook page was taken down. So sad.

See also Paul Waldman, The American right’s hypocritical embrace of the anti-vaccine Canadian truckers.

Turn on Fox today and you’ll find one host after another — Sean HannityLaura IngrahamTucker Carlson — waxing poetic on the noble cause of the “Freedom Convoy.” This is a group of Canadian truckers who descended on the capital city of Ottawa to protest a requirement that those who cross back and forth over the U.S. border be vaccinated.

Not only have they shut down large portions of the city, but they’ve also been honking their horns at all hours, in an apparent attempt to drive residents out of their minds.

Now Republican politicians are getting into the act: After GoFundMe announced that it would be returning money raised for the truckers, whose ranks include a variety of far-right cranks, Gov. Ron DeSantis of Florida and Attorney General Ken Paxton of Texas announced they’d be mounting investigations of the company. And of course, Donald Trump — who as president loved nothing more than sitting in a truck like a big boy — expressed his support for the truckers.

It’s somewhat ironic that DeSantis would come to the defense of these protesters, because in the past he hasn’t looked on the exercise of that particular right with a great deal of sympathy. Last April, he enthusiastically signed a bill that makes it a felony to block traffic in a protest and “grants civil legal immunity to people who drive through protesters blocking a road,” as the Orlando Sentinel put it.

A similar law passed in Texas, as it has in a number of conservative states. Oklahoma’s version gives drivers both civil and criminal immunity for injuring or killing protesters.

I do have a quibble with this analysis, which is this: The Right is all about punching down. Right-wing “humor” is nearly always aggressive, punching down on women, minorities, and whomever they don’t like. Anger is praised in right-wing white men and deplored as “unhinged” or “dangerous” or “hysteria” in anyone else. Last year I wrote about gun-carrier privilege, which allows people with guns more privilege to claim self-defense than unarmed people they are menacing. And, of course, so far when protesters are run over by car drivers, the driver has been a rightie and the pedestrian was a leftie. Were it reversed, the driver probably wouldn’t be given immunity no matter what the law says. To a wingnut, privilege belongs to the individual in a position of power, whether that power is social, cultural, financial, or who is in a car or has the gun. So yes, it’s hypocritical, but it also fits a long-established pattern.

On the other hand, it seems to me the percentage of the U.S. population that holds this perspective is shrinking. The Ahmaud Arbery verdict seemed to me to be something of a breakthrough, as was the conviction of George Floyd’s killer.

And then, there is the Bigger Asshole rule, . From Stupid Protesting, a Primer, November 2015:

The Bigger Asshole Rule

Effective demonstrations are those that make them look like bigger assholes than us.

It’s important to be clear how mass demonstrations “work.” Demonstrations should be viewed as a form of public relations. The point of them is not to somehow intimidate or change the minds of the people you are protesting. The point is to win public sympathy to your cause. Demonstrations can also be tools for organizing, among other things. But demonstrations are a dangerous tool, because they can just as easily work against you as for you.

The really great mass protest movements — the prototypes are Gandhi in India and Martin Luther King in the civil rights movement — worked because the public at large sympathized with the protesters. The protesters behaved in a way that demonstrated they were worthy of respect, and the Powers Than Be they were protesting — whether redneck southern sheriffs or the British Empire — behaved like assholes. Eventually it was public sympathy — not the protests themselves —  that forced the Powers That Be to step down.

In short, if your demonstrations don’t win public sympathy, you are shooting yourself in the foot and hurting your cause more than helping it.

****

Trump supporters take assholery to levels rarely seen before in human history, so there is no way they aren’t going to shoot themselves in all their feet if they go ahead with “freedom convoys.” Bring it.

Why CNN Imploded

Here’s a quick update on last week’s post, How Jeff Zucker made Trump. The Hill reports that CNN’s ratings seriously imploded last year. “Ratings fell 90 percent overall when comparing January 2021 to January 2022,” it says.

That may have a lot to do with Jeff Zucker’s “resignation.”

The article reviews Zucker’s tenure. As soon as he took charge, he threw standard news coverage out the window in favor of chasing sensantional narratives such as24/7 coverage of the missing Malaysian passenger plane. And then from 2015 on he made Donald Trump the centerpiece of CNN’s news coverage, in one way or another. Once the network had helped make Trump president, it led the way in sensationalized negative coverage. (I assume that’s true, as I don’t usually watch CNN.) But once Trump was out of office, it appears CNN couldn’t remember what else there was to talk about in the world, and ratings plummeted.

CNN has been purchased by the Discovery Channel, which in itself says something. The Discovery Channel’s largest stockholder, John Malone of Liberty Media, is a big-time Trump donor, so I don’t have a lot of hope that CNN will go back to being about news coverage.

Missouri’s Right-to-Murder Law

Just how nutso is the Missouri state legislature? This is how nutso: This week one of the legilators introduced a bill to legalize murder.

The Kansas City Star explains,

State Sen. Eric Burlison, a Republican lawmaker from near Springfield, wants to give qualified immunity to suspected murderers. Here’s his proposed law: “A person who uses or threatens to use force in self-defense is immune from criminal prosecution and civil action for the use of such force, unless such force was used against a law enforcement officer who was acting in the performance of his or her official duties and the person reasonably knew or should have known that the person was a law enforcement officer.”

Burlison believes it is OK for a person to use physical or deadly force by simply fearing for their life — a “presumption of reasonableness,” his bill calls it. The proposed law prohibits police from even detaining those suspected of violence. In effect, killers would be rewarded. And he’s not the only supporter. The measure has already advanced to the Missouri Senate Transportation and Public Safety Committee.

Here’s the text of the bill, SB 666. Seriously. I’m not making this up.

So if I came to seriously dislike somebody and decide to eliminate them, I can shoot and kill that person and be safe from prosecution as long as there are no witnesses? I can just say it was self-defense and go my merry way? Okay.

It may not surprise you to learn that some people think this is a grand idea.

Mark McCloskey, an attorney and pardonee-turned-Senate candidate, is leveraging his gun-hero status to support a Missouri bill nicknamed the “Make Murder Legal Act” by its opponents. The legislation, which happens to be numbered S.B. 666, is a Republican-driven effort to upend one of the most standard procedures in criminal law and to expand Missouri’s “Castle Doctrine.”

 

Missouri already has a “stand your ground” law that requires defendants to prove they reasonably believed deadly force was necessary to defend themselves.

This Law & Crime article explains that, normally, defendants claiming self-defense “must prove that they feared for their safety or the safety of another person, that the fear was objectively reasonable under the circumstances, and that they used force in response to their belief that force was necessary to protect themself or others.”

The “objectively reasonable” standard, normally, “measures whether the situation as a whole should have been perceived as fearful by someone thinking logically in the defendant’s shoes. A defendant whose fears were unreasonable, exaggerated, or blown out of proportion will lose a self-defense claim.”

But under SB 666, it’s presumed that fears were reasonable and up to the prosecutor to show that they weren’t. So, as I said, if there are no witnesses or surveillance videos the prosecutor may be helpless to prove the act of violence wasn’t self-defense. Several of the state’s prosecutors have spoken up to call SB 666 the “Make Murder Legal” act.

And then there’s our senator, Josh Hawley. A few days ago Sen. Hawley sent a letter to Secretary of State Antony Blinken calling on the Biden administration to drop longstanding U.S. support for Ukraine’s eventual membership in NATO. In other words, give Vladimir Putin what he wants. When I heard this I promptly sent an email to Hawley’s office telling him that Neville Chamberlain would be proud.

Hawley’s letter argues, in brief, that if we’re messing around defending Ukraine’s right to join NATO we’d be taking our eye off China. Certainly it would be nice if Ukraine keeps its independence, but “we must aid Ukraine in a manner that aligns with the American interests at stake and preserves our ability to deny Chinese hegemony in the Indo-Pacific.” Apparently we can’t support Ukraine’s eventual acceptance into NATO and keep an eye on the Indo-Pacific at the same time.

And then he adds a couple of paragraphs about how other NATO countries aren’t paying their “fair share” of collective defense expenses, which was an ignorant argument when Trump made it, and it hasn’t improved.

Rep. Adam Kinzinger responded to the letter by calling Hawley “one of the worst human beings, and a self egrandizing con artist,” and I can’t argue with that.

And then Hawley tweeted this:

The St. Louis Post-Dispatch published an editorial in response headlined Hawley posts a fist-pump to ignorance with his position on Ukraine.

Perhaps the young senator should be forgiven for his naivete regarding Russia. He wasn’t even born during the worst years of the Cold War, and he was still in diapers when Moscow invaded Afghanistan and dominated half of Europe. So he might not remember why containing Russian expansionism remains such a big deal for older Americans. Republicans these days seem averse to reading any history that makes them feel bad about themselves, which could explain why Hawley’s ignorance is so embarrassingly on display in Washington.

First-rate snark there, Post-Dispatch. Bravo.

A short history lesson is in order. Biden became president a year ago. Before that, Donald Trump was president. Trump is the one who denied military aid to Ukraine to extort its leader into helping with Trump’s reelection effort. The person who failed Ukraine was Trump, and it earned him an impeachment. Biden in the past year has shipped around $650 million in military aid to Ukraine as Russia amasses more than 100,000 troops on its border. So Kinzinger’s “con man” critique of Hawley seems precisely on target.

Hawley describes Europe as a “secondary theater” and suggests that the only international situation worthy of administration attention is China. He outlined his limited understanding of world affairs in a three-page letter to Secretary of State Antony Blinken on Tuesday. White House press secretary Jen Psaki said Hawley was “parroting” Moscow’s talking points and “digesting Russian misinformation.”

The right-wing echo chamber is all-in on the idea that Russia’s threats to Ukraine are really Joe Biden’s fault, but I’ve seen some on the Left repeat the same thing. Let’s just hope Putin stands down.

The famous Hawley fist bump of January 6.