A Tale of Two National Security Advisors

As you no doubt heard, in addition to suing John Bolton for breach of contract over his Trump book, the Trump Administration has also asked for a Temporary Restraining Order against Bolton, purportedly with the goal of getting him to do things that are no longer in his control. At one level, the legal actions seem designed to make Bolton’s book even more popular than it would otherwise be — while starving him of any royalties for the book. Judge Royce Lamberth, who has a history of pushing back against Executive abuse (including claims involving classification) has been assigned the case; he scheduled a hearing for tomorrow.

I agree with the bulk of the analysis that these legal efforts will fail, to the extent they’re really trying to prevent Bolton from releasing the book. I also agree with analysis about the uphill climb Bolton faces to avoid having his profits seized.

That said, I can’t help but notice the way the filings set Bolton up — possibly, even for prosecution (which LAT reports remains under consideration), but also for a remarkable comparison with Trump’s first National Security Advisor, Mike Flynn.

Legally, the filings do what they need to do to seize Bolton’s profits, and will probably succeed (meaning you can buy the book and your money will go to the US Treasury). But, as noted, they’re not written to actually win an injunction, most especially against Bolton’s publisher, Simon & Schuster.

The filings do something else, though. They tell how Bolton apparently shared drafts of his manuscript before it had been cleared, which in turn got shared with the press.

35. On January 26, 2020, the New York Times published an article describing information purportedly “included in drafts of a manuscript” that Defendant, apparently without any protections for classified national security information, had “circulated in recent weeks to close associates.” The article set forth information allegedly contained in “dozens of pages” of the manuscript. A true and correct copy of this article is attached hereto as Exhibit F.

36. On information and belief, the January 26, 2020 article led to a tremendous surge in publicity for the pre-sales of the book, including hundreds of news articles, discussion on major television networks, statements by members of Congress, and widespread circulation of the article’s content on social media.

37. On January 27, 2020, the Washington Post published a separate article describing content contained in The Room Where it Happened, relying on the statements of “two people familiar with the book,” indicating, on information and belief, that Defendant had disclosed a draft of the manuscript to others without receiving prior written authorization from the U.S. Government. A true and correct copy of this article is attached hereto as Exhibit G.

38. Thus, notwithstanding this admonition, in late January 2020, prominent news outlets reported that drafts of Defendant’s manuscript had been circulated to associates of Defendant. These articles included reports from individuals supposedly familiar with the book, which indicates, on information and belief, that Defendant had already violated his non-disclosure agreements while purporting to comply with the prepublication review process. See supra ¶¶ 27, 29; see also Exhs. E & F

They lay out evidence that Bolton specifically knew the dangers of disclosing classified information, most ironically with a citation of his complaints about Edward Snowden (who also had his profits seized).

Defendant knows well the threat posed by disclosing classified information that might benefit the Nation’s adversaries. See John Bolton, “Edward Snowden’s leaks are a grave threat to US national security,” The Guardian, https://www.theguardian.com/commentisfree/2013/jun/18/edwardsnowden-leaks-grave-threat (June 18, 2013). Congress does as well, as reflected in its decision to criminalize the unauthorized disclosure of classified information. See, e.g., 18 U.S.C. §§ 641, 793, 794, 798, 952, 1924.

They provide multiple declarations — from Mike Ellis, the Trump hack who has politicized classified information in the past, from National Counterintelligence Director Bill Evanina claiming this is the kind of information our adversaries look for, from Director of NSA Paul Nakasone talking about the specific vulnerability of SIGINT, and from Director of National Intelligence John Ratcliffe, whose name the TRO misspells and whose experience looks exceedingly thin compared to the others, along with classified declaration from Ellis. Even though the declarations were obviously carefully curated by Ellis, these are nevertheless the kinds of things courts usually bow to, when the government makes claims about classification. While neither we nor Bolton or his lawyer will get to review the actual claims being made, such declarations are usually sufficient to get the desired recourse.

Perhaps notably, the filings include a letter from John Eisenberg (whose shenanigans regarding the Ukraine call Bolton made more significant), written on June 11, at a time when the White House already knew Bolton was moving to publish, accusing Bolton of publishing this information for financial gain.

Fourth, your self-serving insinuations that the NSC review process has been directed at anything other than a good faith effort to protect national security information is offensive. Your client has taken classified information, including some that he himself classified, and sold it to the highest bidder in an attempt to make a personal profit from information that he held in trust as a public servant–and has done so without regard for the harm it would do to the national security of the United States.

Effectively, this package of filings does nothing to prevent the book from coming out. But it very carefully lays a record to meet the elements of an Espionage charge. Given this notice, the government would be in a position to point to the publication of the book (that Bolton couldn’t stop now if he wanted) and prove that Bolton had an obligation to keep these things secret, he knew the damage that not doing so could cause, and yet nevetheless published the information.

Whether they will prosecute or not is unclear. But these filings make it far easier to do so.

The White House is preparing to claim that John Bolton is akin to Edward Snowden, solely because he aired Trump’s dirt in a book.

This all comes at the same time as the government is making extraordinary efforts to prevent Mike Flynn from being punished for secretly working for a frenemy country while getting classified briefings, and calling up the country that just attacked us in 2016 and discussing how Russia and the Trump Administration had mutual interests in undermining Obama’s policies.

The same DOJ that is magnifying Bolton’s risk for an Espionage prosecution found nothing inappropriate in Flynn calling up the country that had just attacked the US and teaming with that hostile country against the current government of the United States.

Nor was anything said on the calls themselves to indicate an inappropriate relationship between Mr. Flynn and a foreign power. Indeed, Mr. Flynn’s request that Russia avoid “escalating” tensions in response to U.S. sanctions in an effort to mollify geopolitical tensions was consistent with him advocating for, not against, the interests of the United States. At bottom, the arms-length communications gave no indication that Mr. Flynn was being “directed and controlled by … the Russian federation,” much less in a manner that “threat[ened] … national security.” Ex. 1 at 2, Ex. 2 at 2.

Indeed, the Attorney General even claimed the call was “laudable,” even while lying that it didn’t conflict with Obama’s policies.

But it’s not just in the courts where DOJ is working hard to protect the guy who really did harm the US. In an effort to sow the propaganda case for Mike Flynn, the Trump Administration has been on a declassification spree, including — by Ratcliffe — the transcripts of some (but not all) of Flynn’s calls with Sergey Kislyak, something that has never been done before. Significantly, the claims that Nakasone and Ratcliffe make in their declarations in the Bolton case, especially with regards to disclosing SIGINT burns the collection going forward, were clearly violated when Ratcliffe declassified the transcripts.

To be honest, I won’t weep if Bolton is prosecuted. He would have had more legal protection had he testified during the impeachment inquiry, which would have done more good for the country. It would be an abuse, but such abuse has been directed against far more vulnerable and admirable people.

But the comparison of the claims Mike Ellis is making about Trump’s third National Security Advisor with the treatment given his first — the guy who actively sold out his country rather than did so with his inaction — only serves to emphasize how Trump subjects what traditionally gets called national security to loyalty.

The greatest “national security” sin a Trump Administration official can commit, this comparison shows, is disloyalty to Donald Trump.

Defendant Barr’s Flip-Flops Finally Attract Press Attention

Bill Barr’s sloppy lying may finally be catching up to him.

The press should have stopped treating the Attorney General as credible after he obviously lied about the contents of the Mueller Report. But he continued to be accorded the courtesy of the office, through changing DOJ stories about his involvement in Trump’s effort to coerce a quid pro quo in Ukraine (and the impeachment that followed) and his cover stories to explain unprecedented interference in the prosecution of Trump flunkies.

But over the course of the last week, the press has gone from reporting anonymous DOJ scoops, to noting how later DOJ claims conflicted with that scoop, to outright debunking of Barr (even if they’re not yet treating him as the consistent liar they recognize Trump to be).

On Tuesday, WaPo had a scoop citing an anonymous DOJ official stating that Barr personally ordered the attack on protestors, perhaps an effort to shift the focus from Trump.

Attorney General William P. Barr personally ordered law enforcement officials to clear the streets around Lafayette Square just before President Trump spoke Monday, a Justice Department official said, a directive that prompted a show of aggression against a crowd of largely peaceful protesters, drawing widespread condemnation.

The claim took the heat off of President Trump.

In a presser on Thursday, Barr offered a more elaborate explanation. He claimed he made the decision to move the perimeter around the White House on Trump’s orders — to protect the White House from protestors — before the arrival of protestors on Monday.

On Monday, the president asked me to coordinate the various federal law enforcement agencies, not only the multiple department of justice agencies, but also other agencies such as those in the Department of Homeland Security. So we had a coordinated response and worked with the National Guard and also with the DC police. That morning, we decided that we needed more of a buffer to protect the White House and to protect our agents and secret service personnel who could be reached by projectiles from H Street. I made the decision that we would try to move our perimeter northward by a block to provide this additional protection. And later at 2:00 on Monday, I met with all the various law enforcement agencies and we set our tactical plan. And that plan involve moving our perimeter a block North to I Street. It was our hope to be able to do that relatively quickly before many demonstrators appeared that day.

Unfortunately, because of the difficulty in getting appropriate units into place, by the time they were able to move our perimeter up to I street, a large number of protestors had assembled on H Street. There were projectiles being thrown and the group was becoming increasingly unruly. And the operation to what… They were asked to three times if they would move back one block, they refused. And we proceeded to move our perimeter out to I Street.

In the same presser, he claimed that he saw “instigators” before the move to push them back, thereby claiming both advance planning but also an imminent threat.

I think one of the difficulties is that while there are peaceful demonstrators and participants in these protests, the instigators, those committed to violence, basically shield themselves by going among them and carrying out acts of violence. I saw the projectiles on Monday when I went to Lafayette Park to look at the situation. And as one of the officials said, he pointed out various knots of people where the projectiles were coming from and we could see… and it was a lot of demonstrators. And it’s hard to know exactly where they’re coming from. Frequently, these things are thrown from the rear of the demonstration, but we could not continue to protect the federal property involved and protect the safety of our agents with such a tight perimeter. And so our object was to move it out by one block. Next question, please.

On Friday, however, Barr started backing away from responsibility. That day, the AP reported that Barr had not given the tactical move to attack the protestors. Instead, some unnamed person who could not be directly tied to a Barr (and therefore a Trump) command did that.

On Friday, Barr told the AP that both he and U.S. Park Police were in agreement on the need to push back the security perimeter. He said he attended a meeting around 2 p.m. Monday with several other law enforcement officials, including Metropolitan Police Chief Peter Newsham, where they looked at a map and decided on a dividing line. Under the plan, the protesters would be moved away from Lafayette Park and federal law enforcement officials and members of the National Guard would maintain the perimeter line, Barr said.

[snip]

Barr said it was a Park Police tactical commander — an official he never spoke to — who gave the order for the law enforcement agencies to move in and clear the protesters.

“I’m not involved in giving tactical commands like that,” he said. “I was frustrated and I was also worried that as the crowd grew, it was going to be harder and harder to do. So my attitude was get it done, but I didn’t say, ‘Go do it.’”

Barr insisted there was no connection between the heavy-handed crackdown on the protesters and Trump’s walk soon after to St. John’s Church.

Finally, on Sunday, Margaret Brennan interviewed Barr on Face the Nation, one of the first times during this tenure as AG Barr has sat for an interview with someone who was neither (like Pete Williams or Pierre Thomas) someone he knew from the Poppy days, nor (like Catherine Herridge) a right wing stenographer. Brennan challenged a lot of these inconsistencies, leading to Barr to make a comment — that pepper balls are not tear gas — that has been widely mocked since.

MARGARET BRENNAN: I want to ask you about some of the events of the week. On Monday, Lafayette Park was cleared of protesters. You’ve spoken about this. The federal agents who were there report up to you. Did you think it was appropriate for them to use smoke bombs, tear gas, pepper balls, projectiles at what appeared to be peaceful protesters?

BARR: They were not peaceful protesters. And that’s one of the big lies that the- the media is- seems to be perpetuating at this point.

MARGARET BRENNAN: Three of my CBS colleagues were there. We talked to them.

BARR: Yeah.

MARGARET BRENNAN: They did not hear warnings. They did not see protesters–

BARR: There were three warnings.

MARGARET BRENNAN:–throwing anything.

BARR: There were three warnings given. But let’s get back to why we took that action. On Friday, Saturday and Sunday, OK, there were violent riots in- at Lafayette Park where the park police were under constant attack at the- behind their bike rack fences. On Sunday, things reached a crescendo. The officers were pummeled with bricks. Crowbars were used to pry up the pavers at the park and they were hurled at police. There were fires set in not only St. John’s Church, but a historic building at Lafayette was burned down.

MARGARET BRENNAN: These were things that looters did.

BARR: Not looters, these were- these were the- the violent rioters who were- dominated Lafayette Park.

MARGARET BRENNAN: But what I’m asking about–

BARR: They broke into the Treasury Department,–

MARGARET BRENNAN: –on Monday when it was a peaceful protest.

BARR: I’m going to- let me get to this, because this has been totally obscured by the media. They broke into the Treasury Department, and they were injuring police. That night,–

MARGARET BRENNAN: Sunday night?

BARR: Sunday night, the park police prepared a plan to clear H Street and put a- a larger perimeter around the White House so they could build a more permanent fence on Lafayette.

MARGARET BRENNAN: This is something you approved on Sunday night?

BARR: No. The park police on their own on- on Sunday night determined this was the proper approach. When I came in Monday, it was clear to me that we did have to increase the perimeter on that side of Lafayette Park and push it out one block. That decision was made by me in the morning. It was communicated to all the police agencies, including the Metropolitan Police at 2:00 p.m. that day. The effort was to move the perimeter one block, and it had to be done when we had enough people in place to achieve that. And that decision, as I say, was communicated to the police at 2:00 p.m.. The operation was run by the park police. The park police was facing what they considered to be a very rowdy and non-compliant crowd. And there were projectiles being hurled at the police. And at that point, it was not to respond–

MARGARET BRENNAN: On Monday, you’re saying there were projectiles–

BARR: On Monday, yes there were.

MARGARET BRENNAN: As I’m saying, three of my colleagues were there.

BARR: Yeah.

MARGARET BRENNAN: They did not see projectiles being thrown–

BARR: I was there.

MARGARET BRENNAN: –when that happened.

BARR: I was there. They were thrown. I saw them thrown.

MARGARET BRENNAN: And you believe that what the police did using tear gas and projectiles was appropriate?

BARR: Here’s- here’s what the media is missing. This was not an operation to respond to that particular crowd. It was an operation to move the perimeter one block.

MARGARET BRENNAN: And the methods they used you think were appropriate, is that what you’re saying?

BARR: When they met resistance, yes. They announced three times. They didn’t move. By the way, there was no tear gas used. The tear gas was used Sunday when they had to clear H Street to allow the fire department to come in to save St. John’s Church. That’s when tear gas was used.

MARGARET BRENNAN: There were chemical irritants the park police has said–

BARR: No, there were not chemical irritants. Pepper spray is not a chemical irritant.

It’s not chemical.

MARGARET BRENNAN: Pepper spray, you’re saying is what was used–

BARR: Pepper balls. Pepper balls.

MARGARET BRENNAN: Right, and you believe that was appropriate. What I want to show you is what a lot of people at home who were watching this on television saw and their perception of events. So while the president says that he appreciates peaceful protest, around the same time, this crowd–

BARR: Well, six minutes- six minutes difference–

MARGARET BRENNAN: Right, around same time the area is being cleared of what appear to be peaceful protesters using some force. And after the speech is finished, the president walks out of the White House to the same area where the protesters had been and stands for photo op in front of the church where the protesters had been. These events look very connected to people at home. In an environment where the broader debate is about heavy handed use of force in law enforcement, was that the right message for Americans to be receiving?

Along the way, however, Barr’s explanation got more and more inconsistent.

What started out as an apparent effort to shield the President from direct responsibility for attacking protestors to clear way for his photo op became, by the end of the week, an effort to create a legal justification — protestors throwing things — while still distancing the time of the order from the photo op.

That’s a conflict Phil Bump highlighted in a particularly good job of shredding Barr’s statements, relying on an earlier detailed timeline he did. In addition to mocking Barr’s claim that pepper balls are not tear gas because they’re naturally occurring, Bump shows how Barr’s statements yesterday conflict with the justification for using tear gas.

“Here’s what the media is missing,” Barr said to Brennan on Sunday. “This was not an operation to respond to that particular crowd. It was an operation to move the perimeter one block.”

The problem with that framing is twofold.

First, it contradicts that same statement from the Park Police that serves as the backbone of the tear-gas defense. In that statement, the Park Police claim that protesters “began throwing projectiles including bricks, frozen water bottles and caustic liquids” at 6:33 p.m. This prompted the effort to clear the square to “curtail the violence that was underway.” There’s nothing about this being a planned operation.

What’s more, Barr himself made the claim to Brennan that the protesters were being violent at the time that the effort to remove them began.

“Three of my colleagues were there,” Brennan told him. “They did not see projectiles being thrown.”

“I was there,” Barr replied. “They were thrown. I saw them thrown.”

The timing of Barr’s visit is important, and we’ll get to it in a bit. But suffice it to say that video evidence from the period not only doesn’t back up the Park Police claim, it also doesn’t show Barr reacting to any such events.

It has been rare, possibly unprecedented, for the press to track Barr’s obvious lies this closely, even in the case of legal cases (like the Flynn prosecution) where Barr’s flip-flops are docketed.

I think a lot of things explain the unusual attention to Barr’s flip-flops. The assault on protestors and Trump’s tone-deaf photo op was so pathetic, the White House went into damage control. And because there were so many journalists at Lafayette Park, there were a slew of witnesses attesting to inconsistencies and inaccuracies in the official version of the story (starting with the Park Police’s flip-flops on the tear gas). Now, Barr is in a position of accusing three CBS reporters and at least one WaPo reporter, whose versions of this story differ dramatically from his own, of lying: His word against the reports of outside observers who have film to backup those reports.

But Barr’s changing excuses may also be partly explained by one other thing.

As noted, Barr’s first instinct seemed to be to distance the President from the order targeting peaceful protestors, and as he has repeatedly done, he took responsibilty (and Kayleigh McEnany happily gave him responsibility). But that created new problems: including why the Attorney General was ordering cops, many of them not within his chain of command, but more importantly, why Trump —  through orders given to Barr who executed those orders by issuing orders of his own — had responded to First Amendment protected activities with a violent assault.

The stakes of the answers to that question may have gone up with the filing of a lawsuit captioned, “Black Lives Matter v. Donald Trump:” Bill Barr is a named defendant.

Defendant William Barr is the Attorney General of the United States. He is sued in his individual and official capacity. He personally issued the order that resulted in the unlawful actions complained of in this lawsuit.

[snip]

At approximately 6:08 pm, Defendant Barr entered Lafayette Square.

At 6:10 pm, Defendant Barr was behind the law enforcement officials in Lafayette Square pointing north towards St. John’s Church. The Department of Justice subsequently acknowledged that Defendant Barr personally ordered that Lafayette Square be cleared.

Let me be clear: because this suit focuses on Bivens complaints about the violation of Constitutional rights, it probably won’t succeed in terms of the damages requested. Recent proceedings have largely gutted Bivens.

But what the suit does do is trace a link between Barr’s actions and the complaints of the plaintiffs (who include a 9-year old boy, a Navy veteran, and a former Eagle Scout). It does so through some of the same details that Barr is now trying to obfuscate.

And what the lawsuit may do is force a way to make the events that Barr is trying to cover up public.

Barr’s lies are consistent with all his other lies. He makes broad claims to power — not authority — and then he keeps changing the story as needed to try to give his claims retroactive legal cover.

This time, he may be forced to do so in court.

Update: WaPo did an unbelievably detailed piece showing no evidence for Park Police claims of dangerous projectiles, and making evident how the clearance of the Square led to the photo op.

Three Things: Loads of Bricks, White Chicks, Made-up Schtick

[NB: I want to make sure you take note of the byline. Thanks. /~Rayne]

Especially after last night this one’s been really bugging me so I’ll lay it out here first.

~ 3 ~

Why was riot gear more important than personal protective gear for the nation’s health care system back in March? This has bothered the hell out of me since I looked at the purchase orders and dates.

31-JAN-2020 — Trump declared a public health emergency under the Public Health Service Act

13-MAR-2020 — Trump issued two national emergency declarations under both the Stafford Act and the National Emergencies Act (NEA)

17-MAR-2020 — Federal purchase order from Veterans Affairs signed for POLICE PROTECTION EQUIPMENT FOR WASHINGTON D.C. VA POLICE IN RESPONSE TO COVID-19 OUTBREAK

18-MAR-2020 — Trump invoked emergency powers via Executive Order under the Defense Production Act

19-MAR-2020 — Trump named the Federal Emergency Management Agency (FEMA) as the lead agency in the COVID-19 emergency response efforts (designation previously held by the Department of Health and Human Services (HHS))

19-MAR-2020 — California issued Stay Home order

21-MAR-2020 — Illinois, New Jersey issued Stay Home orders

22-MAR-2020 — New York, Ohio issued Stay Home orders

23-MAR-2020 — CT, LA, MI, OR, WA issued Stay Home orders

23-MAR-2020 — Federal purchase order from Veterans Affairs signed for POLICE GEAR, DISPOSABLE CUFFS, GAS MASKS, BALLISTIC HELMETS, RIOT GLOVES

06-APR-2020 — FEMA seized orders of N95 masks
16-APR-2020 — FEMA seized orders of N95 masks
21-APR-2020 — FEMA seized orders of N95 masks

Why did the federal government seize private orders of N95 masks in April when it could have been ordering them instead of riot gear in March?

The government clearly had COVID-19 in mind because it’s spelled out in the order for POLICE PROTECTION EQUIPMENT entered Tuesday 17-MAR-2020 after the first national emergency declaration — the order uses PRESIDENTIAL ISSUED EMERGENCY DECLARATION, OR A MAJOR DISASTER DECLARATION as its emergency acquisition justification.

But why not order personal protective equipment for health care roles instead?

Why were they planning for riots in March, which is clear from the order for RIOT GLOVES on 23-MAR-2020?

They could predict rioting but not mass deaths from contagion?

Something really smells here.

I’d hate to think the White House used its power to acquire riot gear in order to pull off last night’s double-header campaign stunt-voter suppression gig.

Because that’s what this POS was.

Still can’t wrap my head around the U.S. Park Police and National Guard using tear gas and flash bang grenades on peaceful protesters to clear a path to St. John’s Episcopal Church in D.C. last evening so Trump could have an unauthorized photo-op in front of the church.

I don’t ever want to hear that Christians support Trump because he protects their religious freedoms when he just crapped all over them, especially if it turns out the White House planned for this months ago instead of working constructively to stem COVID-19.

~ 2 ~

The press has been traumatized by police assaults on them as they covered the protests over the last several days. In my opinion this is deliberate; it keeps the media from investigating what were the triggering events moving police toward violence against peaceful if angry protesters, launching property damage which further triggered police abuse. Protesters repeatedly caught on camera white people, some times in clusters, taking active roles in beginning property damage.

There are videos of black protesters trying to stop white people — too often dressed in black, acting in teams — who were the original actors causing property damage.


They ignore the pleas of black people to stop the damage.

There are several videos in which piles of bricks are pointed out by black protesters — bricks where no construction is apparent, left on sidewalks or in the middle of the street. One video shows white persons dressed in black removing barricades around the bricks. An academic noted on Twitter that any images of brick piles documented in Fayetteville, AR were there because brick walkways are constantly under repair. But at least a couple images show bricks piled on ashphalt street surface or concrete sidewalk, with no obvious construction or repair work in progress.

Yet another video circulating shows a black-clad white man handing out what is believed to be cash to black persons and pointing them to construction materials for the purposes of a temporary barricade. Wish the person recording the video had asked questions of their subjects.

There are some other disturbing signs about the content shared about white people allegedly involved in the property damage. This one may be a fake — there’s nothing in local news about this person.


There are claims in the thread about this person I can’t validate because I don’t use Facebook. Something about this is synthetic. Claims made attributing the source of support behind some of these vandals are clearly false and have been debunked.

The police have done themselves no favors, failing to arrest many of these vandals — in some cases simply watching them. Note how black protesters make this white vandal stop and drag them to police who are watching, doing nothing until forced to do so.

Police have also de-legitimized themselves by failing their duty to protect and serve, instead attacking citizens who are exercising their First Amendment rights.

Something isn’t right here, whatsoever. It looks systemic — rather like COINTELPRO and yet potentially manufactured at another remove — and the media needs to stop licking their wounds and get digging.

The press also needs to ask itself why this was not the face of this week’s civil rights protests in the wake of George Floyd’s murder-by-cop.

~ 1 ~

Meanwhile, this man on the left:

Senator Mitch McConnell (R-KY) with Confederate flag
continues to work on Trump’s and the GOP’s agenda:

deliberately ignoring this reality.

U.S. COVID-19 DEATH TOLL, JUNE 2, 2020 - 2:00 PM ET VIA WIKIPEDIA
Nearly a thousand more Americans have died since yesterday morning.

~ 0 ~

One last thing: if you have time for a reading assignment, I recommend Anne Applebaum’s essay in The Atlantic, History Will Judge the Complicit. I’m so pissed off at Trump for making me miss John McCain right now.

This is an open thread. Bring it.

105,746

Apart from having to hide in the bunker this evening, how convenient for you, Bronx Colors user, that the media has been under fire for two days and unable to hold you accountable.

How convenient for you the media and public have changed the subject to this country’s original sin, racism.

So convenient it’s almost as if the distraction was organized.

So convenient the riot gear purchased by the feds earlier this year may have found a good use, depending on how it was distributed when received.*

What a pity personal protection equipment for the entire American health care system hadn’t been ordered at the same time the riot gear was purchased. We’ll chalk that up to another one of your gross failings.

The dust will eventually settle on the streets, the tear gas will drift away, the arrested will pay bail and head home.

And the subject will return to your gross failings because they continue to mount every day. We’ll grant you that much: your malignant neglect of your role as president to protect and defend the Constitution and the people who live within its reach is greater than that of any American president in history and grows apace.

COVID-19 US death toll, June 1. 2020 800h ET
You owe this many Americans and their surviving family and friends an apology, at a minimum, for having failed so wretchedly handling the COVID-19 pandemic. Nearly all of these deaths could have been avoided had you gotten off your ass and done what was needed in January after China and WHO announced the risk of pandemic.

Being a malignant narcissist, though, I’m sure this will only make you feel like a victim.

You’d be better off staying in your bunker, whether below the White House or on one of your goddamned golf courses. It would cost this country fewer lives if you spent the rest of your term at one of your resorts, tooling around in a taxpayer-rented golf cart, chasing a little white ball.

_________

* Links to purchase orders:

Order signed 23-MAR-2020, $25,963.10, for POLICE GEAR,DISPOSABLE CUFFS, GAS MASKS, BALLISTIC HELMETS, RIOT GLOVES

https://beta.sam.gov/awards/89062523%2BAWARD?keywords=%09%2036C26220P0825%20&sort=-relevance&index=&is_active=true&page=1

Order signed 17-MAR-2020, $63,333.96, for POLICE PROTECTION EQUIPMENT FOR WASHINGTON D.C. VA POLICE IN RESPONSE TO COVID-19 OUTBREAK.

https://beta.sam.gov/awards/89176706%2BAWARD?keywords=%09%2036C24520P0413%20&sort=-relevance&index=&is_active=true&page=1

NB: 105,773 — U.S. death toll from COVID-19, June 1, 2020 8:00 a.m. ET via Wikipedia’s COVID-19 pandemic data page.

Is The Time Of Keisha Lance Bottoms Now?

It might be. But if not, it is a genuine question for Democrats. Of all the Democrats on a national platform over the last few days, including Joe Biden, who has not been bad at all, Keisha Lance Bottoms stands above all of them. She is making a case, and not for herself, as much as for American humanity and competence.

My preferred candidate for the Democratic nomination, Sherrod Brown, did not even run. Bernie, Liz, Bloomie, Amy, Kamala and Tulsi barely registered. Voters, in many states, voted and the Democratic nominee will be Joe Biden. Again, whatever your preferences, voters voted.

So, the talk is turning to who will be Joe Biden’s running mate as VP? The usual suspects, along with Stacy Abrams, are in the preceding paragraph. But it is a different woman from Georgia, way before Abrams, that ought to be seriously considered.

Keisha Lance Bottoms. The Mayor of Atlanta. Before you go any further, view the video clip attached. Seriously, go watch it. You will be glad you did.

She is really genuine and impressive. Not endorsing her per se, just noting that she deserves into the consideration. A week ago, I thought she was good, but time not currently here yet. Now, not so sure about that. She deserves serious consideration. There is something genuine and real with her. Something refreshingly sober and somber, but quite positive.

Bottoms has an unusually clear air and ability about her. Biden has to pick who he is both comfortable with, but that he is sure has the mettle to take over if needed by any emergency to him. And that can capture the interest of both young and old in the party. This woman, this mother and mayor, Mayor Keisha Lance Bottoms, seems to have that stuff in abundance. She is young, strong, and good on every level. She deserves in the conversation, and near the top to it, for Biden.

If now is not yet the time of Keisha Lance Bottoms, it is coming soon. She has that political star quotient, keep your eye on her.

Trump’s America: Racism, Imperious Police and CNN Under Arrest in Minneapolis

There is a surreal situation going down in Minneapolis. The CNN crew covering it was literally arrested on live air. Not all of them understand you, just the reporter, Oscar Jimenez, that was a minority, the white correspondent a few feet away was, of course, not. The stormtroopers, and, yes that is exactly what they look and are acting like, were totally polite to the white guy.

And then they arrested the CNN camera guy documenting the bizarre arrest of the correspondent. While doing so, the camera was on the ground, still live, documenting it all for posterity. You could then see the camera being dragged off by a state trooper, still on and broadcasting. As I said, surreal.

When last seen the CNN camera was still on and broadcasting from a black space that appears to be the trunk of a police car. I guess the camera, though hostage to thugs, at least is alive and does not have a knee on its neck.

As they say, the situation is developing…..

Wait, there is an update! The camera is now in an elevator, and still live!

Oh, and what could have fomented all this? Yeah, The American President:

Mitch McConnell Just Helped Trump Take Kentucky’s Cops and Teachers Hostage

“I would like you to do us a favor, though.”

There’s been a lot written about Mitch McConnell’s motives for refusing to give aid to states and localities whose budgets have been decimated by coronavirus response in the last round of COVID relief.

John Harwood described it as an anti-government effort, generally, though notes it could backfire among white working class voters.

Wealthy Republican donors disdain government as an unwelcome source of taxes and business regulations. They can purchase private alternatives to broad-based public services in realms such as education, health care and transportation.
Republicans in Congress see unionized government workers as hostile soldiers fighting against their reelection. Responsibility for financing the services those workers provide falls to governors and state legislators, not them.

The GOP infused those sentiments into the 2017 tax law that remains Trump’s principal legislative achievement. It limited deductions for state and local levies from federal tax bills — which both punished taxpayers in blue states that provide more services and made it harder for those states to finance those services.

The wild card in this constellation of forces is the party’s increasing dependence on working-class white voters. Republicans have long capitalized on their suspicion that many government programs benefit others, not them. Trump placed appeals to their racial resentments at the center of his 2016 campaign.

Axis of Evil expert David Frum described how, by forcing states into bankruptcy, Republicans hope to exercise power even after Trump has been defeated.

Republican plans for state bankruptcy sedulously protect state taxpayers. The Bush-Gingrich op-ed of 2011 was explicit on this point. A federal law of state bankruptcy “must explicitly forbid any federal judge from mandating a tax hike,” they wrote. You might wonder: Why? If a Republican Senate majority leader from Kentucky is willing to squeeze Illinois state pensioners, why would he care about shielding Illinois state taxpayers? The answer is found in the third of the three facts of American fiscal federalism.

United States senators from smaller, poorer red states do not only represent their states. Often, they do not even primarily represent their states. They represent, more often, the richest people in bigger, richer blue States who find it more economical to invest in less expensive small-state races. The biggest contributor to Mitch McConnell’s 2020 campaign and leadership committee is a PAC headquartered in Englewood, New Jersey. The second is a conduit for funds from real-estate investors. The third is the tobacco company Altria. The fourth is the parcel delivery service UPS. The fifth is the Eli Lilly pharmaceutical corporation. The sixth is the home health-care company, LHC Group. The seventh is the Blackstone hedge fund. And so on and on.

A federal bankruptcy process for state finances could thus enable wealthy individuals and interest groups in rich states to leverage their clout in the anti-majoritarian federal system to reverse political defeats in the more majoritarian political systems of big, rich states like California, New York, and Illinois.

[snip]

But McConnell seems to be following the rule “Never let a good crisis go to waste.” He’s realistic enough to recognize that the pandemic probably means the end not only of the Trump presidency, but of his own majority leadership. He’s got until January to refashion the federal government in ways that will constrain his successors. That’s what the state-bankruptcy plan is all about.

Andrew Cuomo recognized the same dynamic. Amid a rant noting that, as governor, he serves people of all (or no) party, he described the hypocrisy of bailing out airlines and small businesses but not cops and other first responders.

I understand that, but state and local government funds police and fire and teachers and schools. How do you not fund police and fire and teachers and schools in the midst of this crisis? Yes, airlines are important. Yes, small businesses are important. So police and fire and healthcare workers who are the front line workers, and when you don’t fund the state, then the state can’t fund those services. It makes no sense to me. Also, it makes no sense that the entire nation is dependent on what the governors do to reopen. We’ve established that. It’s up to this governor, it’s up to this governor, it’s up to this governor, but then you’re not going to fund the state government. You think I’m going to do it alone? How do you think this is going to work? And then to suggest we’re concerned about the economy, states should declare bankruptcy. That’s how you’re going to bring this national economy back? By states declaring bankruptcy? You want to see that market fall through the cellar?

Let New York state declare bankruptcy. Let Michigan declare bankruptcy. Let Illinois declare bankruptcy. Let’s California declare bankruptcy. You will see a collapse of this national economy. So just dumb. Vicious is saying, when Senator McConnell said, this is a blue state bailout, what he’s saying is if you look at the states that have coronavirus problems, they tend to be democratic states. New York, California, Michigan, Illinois. They are democratic states. So if you fund states that are suffering from the coronavirus, the democratic states, don’t help New York state because it is a democratic state. How ugly a thought. I mean, just think of what he’s saying. People died. 15,000 people died in New York, but they were predominantly Democrats. So why should we help them? I mean, for crying out loud, if there was ever a time for you to put aside your pettiness and your partisanship and this political lens that you see the world through Democrat and Republican and we help Republicans, but we don’t have Democrats. That’s not who we are.

It’s just not who we are as a people. I mean, if there’s ever a time for humanity and decency, now is the time. And if there was ever a time to stop your political, obsessive political bias and anger, which is what it’s morphing to, just a political anger, now is the time and you want to politically divide this nation now, with all that’s going on? How irresponsible and how reckless/ I’m the governor of all New Yorkers. Democrat, Republican, independent. I don’t even care what your political party is. I represent you, and we are all there to support each other. This is not the time or the place or the situation to start your divisive politics. It is just not.

Cuomo also noted that McConnell’s own state, Kentucky, is a net aid recipient, not New York.

Let’s talk about fairness, Mitch. NYS puts $116 billion more into the federal pot than we take out. Kentucky TAKES $148 billion more from the federal pot than they put in. But we don’t deserve help now because the 15,000 people who died here were predominately democrats?

David Sirota is the only one I saw who observed that McConnell’s own state of Kentucky would be one of the hardest hit states.

In a half-assed play to avoid looking like he’s deliberately enriching his elite financiers and starving the peasants, McConnell cast himself as a principled opponent of “blue state bailouts” — a seemingly shrewd anti-coastal framing for his own potentially difficult reelection campaign.

In reality, though, McConnell’s opposition to pension aid is even worse than a pathetic Gerald Ford impression. It is him giving the big middle finger to hundreds of thousands of his own constituents whose Republican-leaning state is now facing one of America’s worst pension crises after McConnell’s Wall Street courtiers strip-mined Kentucky’s public retirement system.

That’s right: for all the talk of pension shortfalls in blue states like Illinois and California, the bright red state of Kentucky has one of the most underfunded pension systems in the country. The gap between promised benefits and current resources has been estimated to be between $40 billion and $60 billion. One of the state’s pension funds is less than 15 percent funded.

Those shortfalls are not the product of Kentucky’s public-sector workers being greedy or lavishly remunerated — Kentucky teachers, for example, are paid 23 percent less than other workers with similar educational credentials, and they do not receive Social Security benefits.

No — the shortfalls are the result of 1) state lawmakers repeatedly refusing to make annual contributions to the system, 2) investment losses from the 2007 financial crisis and now the COVID downturn, and 3) especially risky hedge fund investments that generated big fees for politically connected Wall Street firms, but especially big losses for the state’s portfolio. (Executives from some of those specific firms are among McConnell’s biggest collective donors, and those firms could be enriched by other parts of McConnell’s federal stimulus bill.

The pension emergency in Kentucky has become so dire that teachers staged mass protests last year, resulting in national headlines and a PBS Frontline special, and a court case that ultimately overturned the Republican legislature’s proposed pension cuts, which the GOP literally attached to a sewer bill.

There’s another aspect of all this, however: leverage. Mitch McConnell says he won’t dole out aid for states and localities until the Senate comes back into session. That’ll give him the opportunity to resume packing the courts.

In addition (as I predicted), part of this is an effort to retain leverage with which to force states to reopen.

BUT FIRST … SENATE AND HOUSE DEMOCRATS have been pushing hard in negotiations for $150 billion in funds for state and local governments to pair with the hundreds of billions the administration wants in small business lending. But THE WHITE HOUSE and TRUMP ADMINISTRATION have been holding out because, in part, they believe if Congress keeps cutting checks for state and local governments, they will be disincentivized to open up their economies.

Trump tried and tried and tried to say he got to decide how to reopen the economy. And then the first state that tried — his ally Brian Kemp — made him look bad by ignoring the White House’s own guidelines.

To regain any control over this, short of Billy Barr making good on his suggestions that DOJ might start litigation, Trump needs something to withhold to force governors, of both parties, to take actions they otherwise wouldn’t.

Aid to keep states and localities running is one of the few things Trump has. Want to pay your cops? Okay, then, “but I would like you to do us a favor, though.”

And here’s where Mitch’s actions become really perverse. Kentucky’s own governor, Andy Beshear, is one of the red states with a Democratic governor. Under his leadership, Kentucky has a lower level of infections than any neighboring state but West Virginia (which is even more rural). Kentucky is a member of the Midwestern pact that, along with a bunch of Democratic governors that Republicans would like to damage ahead of the elections, also includes Mike DeWine, one of the three most proactive Republican governors. Of those states, Beshear might be most susceptible to pressure from nutjobs.

That is, among the governors that Mitch is helping Trump to blackmail — to withhold aid from until they give Trump a favor — is Mitch’s own state. Like all other governors, Beshear will need to make some devastating budgetary decisions, decisions that will hurt public workers in Kentucky, and those decisions will start immediately, affecting Beshear’s ability to serve the people of Kentucky.

This is an ugly, vicious ploy. But it’s also one that Mitch’s opponent, Amy McGrath, really ought to be able to use against him in November.

Liberate All Trump’s Criminals to Sustain the Lockdown

According to multiple reports yesterday, Michael Cohen will soon be released to serve out the remainder of his prison sentence in home confinement.

The federal Bureau of Prisons has notified Michael Cohen, President Donald Trump’s former personal attorney, that he will be released early from prison due to the coronavirus pandemic, according to people familiar with the matter and his lawyer.

Cohen is serving a three-year sentence at the federal prison camp in Otisville, NY, where 14 inmates and seven staff members at the complex have tested positive for the virus.

Cohen was scheduled for release in November 2021, but he will be allowed to serve the remainder of his sentence from home confinement, the people said. He will have to undergo a 14-day quarantine at the prison camp before he is released.

Cohen was notified on Thursday of his pending release, and his lawyer, Roger Adler, confirmed it to CNN.

As Josh Gerstein has described, sometimes these promises don’t work out.

The spouse of an inmate at one of the hardest-hit federal prisons, in Elkton, Ohio, described a puzzling transfer of prisoners into pre-release quarantine and then out again.

Tammy Hartman said her husband Pete, who’s due out of prison in August of next year, was one of 56 inmates whose names were called on Saturday to report for quarantine so they could be sent on home confinement.

“They were all told: you’re going home,” she said. But on Wednesday, 54 of the men were sent back to their cells. “They told them, sorry, you’re not going anywhere, because they’d approved only two of them to leave.”

“I actually thought he was coming home,” Hartman said of her 59-year-old husband who — like other prisoners mentioned in this story — is serving time on drug charges. “I canceled all his subscriptions to magazines because I thought he’d be home in 14 days… I’m trying to hold it together.”

Which is, I guess, why Cohen’s lawyers promptly made this public — to make it harder for BOP to renege.

Otisville prison is one of the federal prisons with a growing cluster — currently, officially, with 14 prisoners and 7 guards testing positive. So it is an appropriate places for BOP to attempt to move older, non-violent prisoners. That said, Cohen is not actually that old (just 53) and as far as is public, his health is fine.

A far better case might be made that Paul Manafort should be sent to home confinement. He’s 71 and wasn’t all that healthy when he first went to jail almost two years ago, and he has continued to have health problems since then. His attorney, Kevin Downing, cited those health problems in a letter to BOP asking for his release. Curiously, Downing appears to be thinking exclusively in terms of internal appeals, rather than appealing to a judge, which suggests he thinks his client stands a better chance if someone working for Bill Barr makes the decision (which certainly worked to keep him out of Rikers when he was arraigned in New York). Perhaps that’s because the prison he’s in, Loretto, has had no reported cases yet. Manafort has been quarantining since the end of March, so can be sent home if there are cases there.

Paul Manafort is a shithole who sold out the candidate he worked for and his own country. He got fabulously wealthy fronting for dictators and other sleazebags, and stiffed the American taxpayers on the blood money he got in exchange.

But BOP should seriously consider moving him to home confinement for as long as the COVID outbreak lasts. Manafort was not nor should he have been sentenced to a death for his crimes. And if you can’t support that move for his miserable humanity, then do it for others he might infect, like the far poorer guards who tend to him.

Cohen and Manafort are not the only Trump criminals who may dodge full prison terms because of this virus. As bmaz noted, yesterday Amy Berman Jackson rejected Roger Stone’s bid for a new trial. While BOP doesn’t assign spots to people all that quickly in any case, for new non-violent prisoners, BOP is not rushing people into incarceration. And Stone, at 67, is also old enough to be considered a higher risk.

So rather than starting rebellions against stay-at-home orders in Michigan, Minnesota, and Virginia, Trump should encourage Bill Barr to liberate his criminal co-conspirators, along with the similarly situated men of color incarcerated with them.

But the only reason to remove Paul Manafort from an environment where he’d be more likely to contract the virus is if there’s a shut-down. So if Trump wants his criminals liberated — or wants Stone to remain out of prison long enough for the post-election pardon — then he should be rooting for a continued shut-down.

The Locked Down, Locked Up, Quarantine Gotta Get Down To It Emptywheel Live Music Trash Talk

Okay, I meant to do this last weekend, but a severe dental emergency intervened. Turns out even dentists, whether local or international (I have both), are constrained too. But they are medical professionals like so many these days, and keep them in mind. Without the office that took care of me here, I would be an insanely hurting cowboy about now. Instead, I am starting to be and feel fairly good, after a lot of painkillers in the interim, and, man, am I thankful. Real pros.

So, back to the stated purpose: Live Music Discussion. Live music is the real test. A lot of people with studio musicians, tone benders and professional mixing can make a decent sounding studio album. But it it real, or is it Memorex (old commercial reference)? Some bands just cannot do it live (early Steely Dan and early Tom Petty are two examples I remember well).

Some bands, you think “there is no way in hell they can pull that off live”, (I’d also put early thoughts on Pink Floyd and Bowie before I saw them in this category) and then you see them live and are totally “holy fucking shit, they not only could do it live, but were even better, WOW”! Floyd and Bowie were absolutely, and stunningly so, in the latter category. Holy shit were they fantastic live.

But this is an individual thing, we all have different thoughts and experiences. So let’s let the hair down and rock. This will be a comments fueled discussion, and I hope a few outside people lob in. For now, with great assistance from our longtime friend and colleague blogger from FDL, Richard Taylor, aka Dakine, here is a list of some of the best live albums ever.

This is NOT an end all list, but it is a very good one. And it is in no particular order whatsoever, ranking will be what you are all going to do. One to start discussion, not to end it. It is up to you folks to expand, and I know you will. Also to you to point out what tracks you especially like, and why off any album. Off we go….

Otis Redding “Live in Europe”
Allman Brothers “Fillmore Tapes” (includes live cuts from “Eat a Peach”)
Leon Russell “Leon Live”
Little Feat “Waiting for Columbus”
J Geils Band “Full House”
Rolling Stones “Get Yer Ya-Yas Out”
Deep Purple Made In Japan
Blue Oyster Cult On Your Feet Or On Your Knees
Cheap Trick Live at Buddokan
The Angels Live at Melbourne
The Who Live At Leeds
The Doors Absolutely Live
The Dead Live 1972 and Steal Your Face (1974)
AC/DC Live At Donnington
Jefferson Airplane Bless Its Pointed Little Head
Kinks One For The Road
Pink Floyd Live At Pompeii
Lou Reed Rock And Roll Animal
Mott The Hoople Live
Bob Marley “Live”
Bob Seger “Live Bullet”
James Brown “Live at the Apollo”
Temptations “Live at the Roostertail”
Willie Nelson “Willie & Family Live”
Bob Dylan & The Band “Before the Flood”
Commander Cody & His Lost Planet Airmen “Live from the Armadillo World Headquarters” Jimmy Buffett “Feeding Frenzy”
Climax Blues Band “FM Live”
Neil Young & Crazy Horse “Live Rust”
Black Oak Arkansas “Raunch N Roll”
Leon Redbone “Live!”
Guy Clark “Keepers”
John Prine “John Prine Live”
John Fogerty “Premonition”
George Thorogood & The Delaware Destroyers “Thorogood Live”
Crosby Stills Nash & Young “4 Way Street”
Derek & the Dominos “In Concert”
Eric Clapton “Rainbow Concert”
Steppenwolf “Steppenwolf Live”
Frampton Comes Alive ‘Captive’ Audiences
BB King “Live at the Cook County Jail” Johnny Cash “Folsom Prison Live”
Woodstock
Mar y Sol
No Nukes
Concert for Bangladesh (Mand, so many artists on that)
Bob Dylan’s 30th Anniversary Columbia Records Stax/Volt Revue “Live in London”

Partial Live Albums
ZZ Top “Fandango”
Allman Brothers “Eat a Peach”
Marshall Tucker Band “Where We All Belong”
Charlie Daniels Band “Fire On the Mountain”

Alright, there are so many others beyond worthy, that is simply the list Richard and I came up with to start the discussion. You all take it from here.

Here is my putative Top Five:

1) Stones, Get Yer Ya Yas Out. It is insanely good
2) J. Geils Band Full House. Argument could be made it is Number 1.
3) Floyd Live At Pompeii. It was the old and trippier Floyd, but Jesus is it good.
4) James Brown At The Apollo. Just wow, The Godfather at his peak.
5) Tie between Who Live At Leeds and Airplane Bless Its Pointed Little Head. Both unbelievably great. Might even give the Airplane a nudge here Pointed Head is killer.

Yes, this is about live rock and roll. As the old Cerwin Vega slogan used to importune, “Made Loud To Be Played Loud”. If there are no sports, this series will continue, because everybody needs a release. Studio albums, classical, country, maybe even opera (if Ed Walker will lead) are on the table for later. But, this weekend, we have both types, rock AND roll. Get down to it, and let’s have a great and ongoing holiday weekend discussion. Post yer You Tube links. If it starts screwing with our margins and/or security (hey, it might, we shall see) then we will deal with that. In the meantime, let’s have some fun.

Like All Else, Trump’s Inspector General Turnover Is about Pandemic

Update: I’m republishing this and bumping it, because Trump just replaced Glenn Fine as Acting Inspector General — whom Michael Horowitz had named to head the Pandemic Response Accountability Committee — with the IG for EPA. This makes him ineligible to head PRAC. Fine will remain Principle Deputy IG. 

Late last night, President Trump fired the Intelligence Community Inspector General Michael Atkinson, the Inspector General who alerted Congress of the whistleblower complaint that led to Trump’s impeachment. Trump effectively put Atkinson on administrative leave for 30 days in a move that skirts the legal requirement that an inspector general be fired for cause and Congress be notified of it.

Trump has been accused of firing Atkinson late at night on a Friday under cover of the pandemic to retaliate for the role Atkinson had — which consisted of nothing more than doing his job as carefully laid out by law — in Trump’s impeachment. It no doubt is.

But it’s also likely about the pandemic and Trump’s proactive attempts to avoid any accountability for his failures in both the pandemic response and the reconstruction from it.

There were a lot of pandemic warnings Trump ignored that he wants to avoid becoming public

I say that, first of all, because of the likelihood that Trump will need to cover up what intelligence he received, alerting him to the severity of the coming pandemic. Trump’s administration was warned by the intelligence community no later than January 3, and a month later, that’s what a majority of Trump’s intelligence briefings consisted of. But Trump didn’t want to talk about it, in part because he didn’t believe the intelligence he was getting.

At a White House briefing Friday, Health and Human Services Secretary Alex Azar said officials had been alerted to the initial reports of the virus by discussions that the director of the Centers for Disease Control and Prevention had with Chinese colleagues on Jan. 3.

The warnings from U.S. intelligence agencies increased in volume toward the end of January and into early February, said officials familiar with the reports. By then, a majority of the intelligence reporting included in daily briefing papers and digests from the Office of the Director of National Intelligence and the CIA was about covid-19, said officials who have read the reports.

[snip]

Inside the White House, Trump’s advisers struggled to get him to take the virus seriously, according to multiple officials with knowledge of meetings among those advisers and with the president.

Azar couldn’t get through to Trump to speak with him about the virus until Jan. 18, according to two senior administration officials. When he reached Trump by phone, the president interjected to ask about vaping and when flavored vaping products would be back on the market, the senior administration officials said.

On Jan. 27, White House aides huddled with then-acting chief of staff Mick Mulvaney in his office, trying to get senior officials to pay more attention to the virus, according to people briefed on the meeting. Joe Grogan, the head of the White House Domestic Policy Council, argued that the administration needed to take the virus seriously or it could cost the president his reelection, and that dealing with the virus was likely to dominate life in the United States for many months.

Mulvaney then began convening more regular meetings. In early briefings, however, officials said Trump was dismissive because he did not believe that the virus had spread widely throughout the United States.

In that same period, Trump was demanding Department of Health and Human Service Secretary Alex Azar treat coronavirus briefings as classified.

The officials said that dozens of classified discussions about such topics as the scope of infections, quarantines and travel restrictions have been held since mid-January in a high-security meeting room at the Department of Health & Human Services (HHS), a key player in the fight against the coronavirus.

Staffers without security clearances, including government experts, were excluded from the interagency meetings, which included video conference calls, the sources said.

“We had some very critical people who did not have security clearances who could not go,” one official said. “These should not be classified meetings. It was unnecessary.”

The sources said the National Security Council (NSC), which advises the president on security issues, ordered the classification.”This came directly from the White House,” one official said.

Now, it could be that this information was legitimately classified. But if so, it means Trump had even more — and higher quality — warning of the impending pandemic than we know. If not, then it was an abuse of the classification process in an attempt to avoid having to deal with it. Either one of those possibilities further condemns Trump’s response.

Also in this same period, then Director of National Intelligence Joseph Maguire was asking not to hold a public Worldwide Threats hearing because doing so would amount to publicly reporting on facts that the President was in denial about.

The U.S. intelligence community is trying to persuade House and Senate lawmakers to drop the public portion of an annual briefing on the globe’s greatest security threats — a move compelled by last year’s session that provoked an angry outburst from President Donald Trump, multiple sources told POLITICO.

Officials from the Office of the Director of National Intelligence, on behalf of the larger clandestine community, don’t want agency chiefs to be seen on-camera as disagreeing with the president on big issues such as Iran, Russia or North Korea, according to three people familiar with preliminary negotiations over what’s known as the Worldwide Threats hearing.

The request, which is unlikely to be approved, has been made through initial, informal conversations at the staff level between Capitol Hill and the clandestine community, the people said.

Not only did that hearing never happened, but neither has a report been released.

Among the things then Director of National Intelligence Dan Coats warned of in last year’s hearing was the threat of a pandemic.

We assess that the United States and the world will remain vulnerable to the next flu pandemic or large-scale outbreak of a contagious disease that could lead to massive rates of death and disability, severely affect the world economy, strain international resources, and increase calls on the United States for support. Although the international community has made tenuous improvements to global health security, these gains may be inadequate to address the challenge of what we anticipate will be more frequent outbreaks of infectious diseases because of rapid unplanned urbanization, prolonged humanitarian crises, human incursion into previously unsettled land, expansion of international travel and trade, and regional climate change.

So to some degree, Trump has to make sure there’s no accountability in the intelligence community because if there is, his failure to prepare for the pandemic will become all the more obvious.

Richard Burr is incapable of defending the Intelligence Community right now

But it’s also the case that the pandemic — and the treatment of early warnings about it — may have created an opportunity to retaliate against Atkinson when he might not have otherwise been able to. Even beyond offering cover under the distraction of thousands of preventable deaths, the pandemic, and Senate Intelligence Committee Chair Richard Burr’s success at profiting off it, means that the only Republican who might have pushed back against this action is stymied.

On Sunday, multiple outlets reported that DOJ is investigating a series of stock trades before most people understood how bad the pandemic would be. Burr is represented by former Criminal Division head Alice Fisher — certainly the kind of lawyer whose connections and past white collar work would come in handy for someone trying to get away with corruption.

The Justice Department has started to probe a series of stock transactions made by lawmakers ahead of the sharp market downturn stemming from the spread of coronavirus, according to two people familiar with the matter.

The inquiry, which is still in its early stages and being done in coordination with the Securities and Exchange Commission, has so far included outreach from the FBI to at least one lawmaker, Sen. Richard Burr, seeking information about the trades, according to one of the sources.

[snip]

Burr, the North Carolina Republican who heads the Senate Intelligence Committee, has previously said that he relied only on public news reports as he decided to sell between $628,000 and $1.7 million in stocks on February 13. Earlier this month, he asked the Senate Ethics Committee to review the trades given “the assumption many could make in hindsight,” he said at the time.

There’s no indication that any of the sales, including Burr’s, broke any laws or ran afoul of Senate rules. But the sales have come under fire after senators received closed-door briefings about the virus over the past several weeks — before the market began trending downward. It is routine for the FBI and SEC to review stock trades when there is public question about their propriety.

In a statement Sunday to CNN, Alice Fisher, a lawyer for Burr, said that the senator “welcomes a thorough review of the facts in this matter, which will establish that his actions were appropriate.”

“The law is clear that any American — including a Senator — may participate in the stock market based on public information, as Senator Burr did. When this issue arose, Senator Burr immediately asked the Senate Ethics Committee to conduct a complete review, and he will cooperate with that review as well as any other appropriate inquiry,” said Fisher, who led the Justice Department’s criminal division under former President George W. Bush.

In spite of Fisher’s bravado, Burr is by far the most legally vulnerable of the senators who dumped a lot of stock in the period. That’s partly because he had access to two streams of non-public reporting on the crisis, the most classified on SSCI (which Senator Feinstein also would have had), but also on the Health, Education, Labor, and Pensions committee. And unlike the other senators, Burr admitted that he made these trades himself.

Again, in spite of Fisher’s claims, Burr will be forced to affirmatively show that he didn’t rely on this non-public information when dumping an inordinate amount of stock.

All of which is to say that Burr may be hoping that Fisher can talk him out of any legal exposure, which will require placating the thoroughly corrupt Bill Barr.

I had already thought that Trump might use this leverage to influence the findings or timing of the remaining parts of SSCI’s Russian investigation. That’s all the more true of Atkinson’s firing. Thus far, Burr has remained silent on what is obviously a legally inappropriate firing.

Even as he fired Atkinson, Trump undermined any oversight of his pandemic recovery efforts

A week before firing Atkinson, Trump made it clear he had no intention of being bound by Inspectors General in his signing statement for the “CARES Act” recovery bill. In addition to stating that Steve Mnuchin could reallocate spending without prior notice to Congress (as required by the bill and the Constitution), Trump also undercut both oversight mechanisms in the law. He did so by suggesting that the Chairperson of Council of the Inspectors General on Integrity and Efficiency (who is DOJ’s Inspector General Michael Horowitz) should not be required to consult with Congress about who he should make Director and Deputy Director of the Pandemic Response Accountability Committee.

Section 15010(c)(3)(B) of Division B of the Act purports to require the Chairperson of the Council of the Inspectors General on Integrity and Efficiency to consult with members of the Congress regarding the selection of the Executive Director and Deputy Executive Director for the newly formed Pandemic Response Accountability Committee. The Committee is an executive branch entity charged with conducting and coordinating oversight of the Federal Government’s response to the coronavirus outbreak. I anticipate that the Chairperson will be able to consult with members of the Congress with respect to these hiring decisions and will welcome their input. But a requirement to consult with the Congress regarding executive decision-making, including with respect to the President’s Article II authority to oversee executive branch operations, violates the separation of powers by intruding upon the President’s power and duty to supervise the staffing of the executive branch under Article II, section 1 (vesting the President with the “executive Power”) and Article II, section 3 (instructing the President to “take Care” that the laws are faithfully executed). Accordingly, my Administration will treat this provision as hortatory but not mandatory.

On Monday, Horowitz named DOD Acting Inspector General Glenn Fine Director of PRAC.

In appointing Mr. Fine to Chair the PRAC, Mr. Horowitz stated, “Mr. Fine is uniquely qualified to lead the Pandemic Response Accountability Committee, given his more than 15 years of experience as an Inspector General overseeing large organizations — 11 years as the Department of Justice Inspector General and the last 4 years performing the duties of the Department of Defense Inspector General. The Inspector General Community recognizes the need for transparency surrounding, and strong and effective independent oversight of, the federal government’s spending in response to this public health crisis. Through our individual offices, as well as through CIGIE and the Committee led by Mr. Fine, the Inspectors General will carry out this critical mission on behalf of American taxpayers, families, businesses, patients, and health care providers.”

Last night, however, after years of leaving DOD’s IG position vacant, Trump nominated someone who has never managed the an office like DOD’s Inspector General, which oversees a budget larger than that of many nation-states, and who is currently at the hyper-politicized Customs and Border Patrol.

Jason Abend of Virginia, to be Inspector General, Department of Defense.

Mr. Abend currently serves as Senior Policy Advisor, United States Customs and Border Protection.

Prior to his current role, Mr. Abend served in the Federal Housing Finance Agency’s Office of Inspector General as a Special Agent. Before that, he served as a Special Agent in the Department of Housing and Urban Development’s Office of Inspector General, where he led a team investigating complex Federal Housing Administration mortgage and reverse mortgage fraud, civil fraud, public housing assistance fraud, and internal agency personnel cases.

Mr. Abend was also the Founder and CEO of the Public Safety Media Group, LLC, a professional services firm that provided strategic and operational human resources consulting, training, and advertising to Federal, State, and local public safety agencies, the United States Military, and Intelligence agencies.

Earlier in his career, Mr. Abend worked as a Special Agent at the United States Secret Service and as an Intelligence Research Specialist at the Federal Bureau of Investigation.

Mr. Abend received his bachelor’s degree from American University and has received master’s degrees from both American University and George Washington University.

Abend seems totally unqualified for the DOD job alone, but if he is confirmed, he would also make Fine ineligible to head PRAC.

Horowitz issued a statement on Atkinson’s firing today that emphasized that Atkinson had acted appropriately with the Ukraine investigation, as well as his intent to conduct rigorous oversight, including — perhaps especially — PRAC.

Inspector General Atkinson is known throughout the Inspector General community for his integrity, professionalism, and commitment to the rule of law and independent oversight. That includes his actions in handling the Ukraine whistleblower complaint, which the then Acting Director of National Intelligence stated in congressional testimony was done “by the book” and consistent with the law. The Inspector General Community will continue to conduct aggressive, independent oversight of the agencies that we oversee. This includes CIGIE’s Pandemic Response Accountability Committee and its efforts on behalf of American taxpayers, families, businesses, patients, and health care providers to ensure that over $2 trillion dollars in emergency federal spending is being used consistently with the law’s mandate.

Also in last week’s signing statement, Trump said he would not permit an Inspector General appointed to oversee the financial side of the recovery to report to Congress when Treasury refuses to share information.

Section 4018 of Division A of the Act establishes a new Special Inspector General for Pandemic Recovery (SIGPR) within the Department of the Treasury to manage audits and investigations of loans and investments made by the Secretary of the Treasury under the Act. Section 4018(e)(4)(B) of the Act authorizes the SIGPR to request information from other government agencies and requires the SIGPR to report to the Congress “without delay” any refusal of such a request that “in the judgment of the Special Inspector General” is unreasonable. I do not understand, and my Administration will not treat, this provision as permitting the SIGPR to issue reports to the Congress without the presidential supervision required by the Take Care Clause, Article II, section 3.

That may not matter now, because Trump just nominated one of the lawyers who just helped him navigate impeachment for that SIGPR role.

Brian D. Miller of Virginia, to be Special Inspector General for Pandemic Recovery, Department of the Treasury.

Mr. Miller currently serves as Special Assistant to the President and Senior Associate Counsel in the Office of White House Counsel. Prior to his current role, Mr. Miller served as an independent corporate monitor and an expert witness. He also practiced law in the areas of ethics and compliance, government contracts, internal investigations, white collar, and suspension and debarment. Mr. Miller has successfully represented clients in government investigations and audits, suspension and debarment proceedings, False Claims Act, and criminal cases.

Mr. Miller served as the Senate-confirmed Inspector General for the General Services Administration for nearly a decade, where he led more than 300 auditors, special agents, attorneys, and support staff in conducting nationwide audits and investigations. As Inspector General, Mr. Miller reported on fraud, waste, and abuse, most notably with respect to excesses at a GSA conference in Las Vegas.

Mr. Miller also served in high-level positions within the Department of Justice, including as Senior Counsel to the Deputy Attorney General and as Special Counsel on Healthcare Fraud. He also served as an Assistant United States Attorney in the Eastern District of Virginia, where he handled civil fraud, False Claims Act, criminal, and appellate cases.

Mr. Miller received his bachelor’s degree from Temple University, his juris doctorate from the University of Texas, and his Master of Arts from Westminster Theological Seminary.

To be fair, unlike Abend, Miller is absolutely qualified for the SIGPR position (which means he’ll be harder to block in the Senate). But by picking someone who has already demonstrated his willingness to put loyalty ahead of the Constitution, Trump has provided Mnuchin one more assurance that he can loot the bailout with almost no oversight.

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