Trump’s 200 Million Inauguration Visitors and $15 Million Net Worth: The Scale of His Border Lies

Tonight, Trump will take over the airwaves to lie about the southern border in what will either be a last ditch effort to persuade Senate Republicans to stay the course supporting his temper tantrum, or will include a declaration of emergency that would pave the way to reopen government while saving face, all while creating an unbelievably dangerous precedent in the process.

Yesterday, NBC reported just how enormous are the lies the Trump Administration is telling about the southern border.

It describes that while the Administration claims to have stopped 4,000 known or suspected terrorists last year, in reality, CBP stopped just six.

U.S. Customs and Border Protection encountered only six immigrants at ports of entry on the U.S-Mexico border in the first half of fiscal year 2018 whose names were on a federal government list of known or suspected terrorists, according to CBP data provided to Congress in May 2018 and obtained by NBC News.

The low number contradicts statements by Trump administration officials, including White House press secretary Sarah Sanders, who said Friday that CBP stopped nearly 4,000 known or suspected terrorists from crossing the southern border in fiscal year 2018.

That number six is itself an exaggeration. In a piece predicting that, “the Intelligence Community is almost certainly not able to stand publicly behind what the White House and DHS are saying,” former National Counterterrorism Center Director Nick Rasmussen explains what (he correctly suspected) that number represents: visa denials based on a possible link to terrorism.

[T]hose visa denials or SIA encounters hardly equates to disruption of a terrorist plot or the “capture” of a known terrorist. Our watchlisting system is predicated on a carefully calibrated risk management approach. When the intelligence community acquires information that points to a potential link to terrorist activity, individuals are not permitted to travel to the United States. But it should not be assumed that every individual who was denied the opportunity to enter the U.S. because was in fact a would-be terrorist intent on doing us harm.

Plus, the 4,000 number equates to all such stops, not just those on the southern border.

In other words, the White House has been telling an unbelievable exaggeration to attempt to ratchet up fear to justify Trump’s tantrum.

It is, even among Trump’s fantastic lies, remarkable. Trump used a number, 4,000, that is actually 666 times higher than even a conservatively high number, 6.

To show just how big a lie it is, I calculated what two of Trump’s other most famous lies, exaggerated on such a scale, would be.

In an effort to avoid looking inadequate as compared to President Obama, whose inauguration had record crowds (much to the chagrin of those us of caught in the Purple Tunnel of Doom), Trump claimed more people attended his inauguration than ever before, meaning more than the 1.8 million who attended Obama’s first inauguration. In reality, the number was likely between 300,000 and 600,000. Take the smaller of those two numbers, exaggerate by as much as Trump is exaggerating the threat of terrorist infiltration on the southern border, and he’d have to claim 200 million people would have attended his inauguration, many more times the crowd Obama got.

Or take his net worth, another of his most epic lies.

Trump has claimed his net worth is $10 billion; the company, too, claims to make that much in a given year. Last year Forbes calculated Trump’s net worth was actually closer to $3 billion.

But if we take Trump’s exaggerated claim of $10 billion, and assumed he is exaggerating by the scale that he’s exaggerating the threat at the southern border, and it’d say his real net worth was just $15 million.

I mean, that’d make Mitt Romney far richer than Trump. Richard Blumenthal, too, would be worth more than the President. The Senate might not even let a pauper like that join their club! According to some calculations, Nancy Pelosi would even be worth more — in monetary, and not just human, worth — than Trump if he exaggerated this much.

The point is this lie is not just egregious and fact-free. It is, even among Trump’s lies, a whopper.

And Trump will go on teevee tonight to try to spread lies on an epic scale.

On Narrating Donald Trump: “Shoot me like I’m shot on ‘The Apprentice'”


Pretty much everyone I know is recommending this New Yorker profile describing how Mark Burnett created Donald Trump’s current image (and with it his electoral prospects).

Along with describing how both Trump and Burnett came to turn the popularity of the show into a marketing vehicle and a Trump’s telling claim that he initially hesitated before signing onto reality teevee because the, “contractors, politicians, mobsters, and everyone else I have to deal with in my business … don’t like, as they’re talking to me, having cameras all over the room,” the piece describes how the show depicted not reality, but a heavily edited narrative trying to retroactively justify Trump’s capricious firing decisions each week.

The result created the illusion that a serially bankrupt joker was, instead, a king.

Burnett has often boasted that, for each televised hour of “The Apprentice,” his crews shot as many as three hundred hours of footage. The real alchemy of reality television is the editing—sifting through a compost heap of clips and piecing together an absorbing story. Jonathon Braun, an editor who started working with Burnett on “Survivor” and then worked on the first six seasons of “The Apprentice,” told me, “You don’t make anything up. But you accentuate things that you see as themes.” He readily conceded how distorting this process can be. Much of reality TV consists of reaction shots: one participant says something outrageous, and the camera cuts away to another participant rolling her eyes. Often, Braun said, editors lift an eye roll from an entirely different part of the conversation.

At the end of each episode, Trump determined which competitor should be “fired.” But, as Braun explained, Trump was frequently unprepared for these sessions, with little grasp of who had performed well. Sometimes a candidate distinguished herself during the contest only to get fired, on a whim, by Trump. When this happened, Braun said, the editors were often obliged to “reverse engineer” the episode, scouring hundreds of hours of footage to emphasize the few moments when the exemplary candidate might have slipped up, in an attempt to assemble an artificial version of history in which Trump’s shoot-from-the-hip decision made sense. During the making of “The Apprentice,” Burnett conceded that the stories were constructed in this way, saying, “We know each week who has been fired, and, therefore, you’re editing in reverse.” Braun noted that President Trump’s staff seems to have been similarly forced to learn the art of retroactive narrative construction, adding, “I find it strangely validating to hear that they’re doing the same thing in the White House.”

Such sleight of hand is the industry standard in reality television. But the entire premise of “The Apprentice” was also something of a con. When Trump and Burnett told the story of their partnership, both suggested that Trump was initially wary of committing to a TV show, because he was so busy running his flourishing real-estate empire. During a 2004 panel at the Museum of Television and Radio, in Los Angeles, Trump claimed that “every network” had tried to get him to do a reality show, but he wasn’t interested: “I don’t want to have cameras all over my office, dealing with contractors, politicians, mobsters, and everyone else I have to deal with in my business. You know, mobsters don’t like, as they’re talking to me, having cameras all over the room. It would play well on television, but it doesn’t play well with them.”

“The Apprentice” portrayed Trump not as a skeezy hustler who huddles with local mobsters but as a plutocrat with impeccable business instincts and unparalleled wealth—a titan who always seemed to be climbing out of helicopters or into limousines. “Most of us knew he was a fake,” Braun told me. “He had just gone through I don’t know how many bankruptcies. But we made him out to be the most important person in the world. It was like making the court jester the king.” Bill Pruitt, another producer, recalled, “We walked through the offices and saw chipped furniture. We saw a crumbling empire at every turn. Our job was to make it seem otherwise.

[snip]

Trump took to his part more nimbly than anyone might have predicted. He wouldn’t read a script—he stumbled over the words and got the enunciation all wrong. But off the cuff he delivered the kind of zesty banter that is the lifeblood of reality television. He barked at one contestant, “Sam, you’re sort of a disaster. Don’t take offense, but everyone hates you.” Katherine Walker told me that producers often struggled to make Trump seem coherent, editing out garbled syntax and malapropisms. “We cleaned it up so that he was his best self,” she said, adding, “I’m sure Donald thinks that he was never edited.” [my emphasis]

Throughout, the piece both implicitly and explicitly suggests that the White House is adopting techniques from the show in burnishing Trump’s power. Or, at least, Trump is asking that his handlers replicate the same frames of power that Burnett used.

The show’s camera operators often shot Trump from low angles, as you would a basketball pro, or Mt. Rushmore. Trump loomed over the viewer, his face in a jowly glower, his hair darker than it is now, the metallic auburn of a new penny. (“Apprentice” employees were instructed not to fiddle with Trump’s hair, which he dyed and styled himself.) Trump’s entrances were choreographed for maximum impact, and often set to a moody accompaniment of synthesized drums and cymbals. The “boardroom”—a stage set where Trump determined which candidate should be fired—had the menacing gloom of a “Godfather” movie. In one scene, Trump ushered contestants through his rococo Trump Tower aerie, and said, “I show this apartment to very few people. Presidents. Kings.” In the tabloid ecosystem in which he had long languished, Trump was always Donald, or the Donald. On “The Apprentice,” he finally became Mr. Trump.

[snip]

Trump has succeeded in politics, in part, by borrowing the tropes of the show. Jonathon Braun pointed out to me that when Trump announced his candidacy, in 2015, he did so in the atrium of Trump Tower, and made his entrance by descending the gold-colored escalator—choreography that Burnett and his team had repeatedly used on the show. After Trump’s announcement, reports suggested that people who had filled the space and cheered during his speech had been hired to do so, like TV extras, for a day rate of fifty dollars. Earlier this year, the White House started issuing brief video monologues from the President that strongly evoke his appearances on Burnett’s show. Justin McConney, a former director of new media for the Trump Organization, told New York that, whenever Trump works with camera people, he instructs them, “Shoot me like I’m shot on ‘The Apprentice.’ ” [my emphasis]

One of the most interesting details in the piece is that Democrats actively (and successfully) lobbied musical talent to blow off Trump’s inauguration, themselves performing a kind of script-writing that has haunted Trump since.

A Democratic political operative who was involved in a back-channel campaign to dissuade big-name stars from appearing at the event told me that Burnett had tried to enlist musicians to perform. “Mark was somebody we were actively working against,” the operative said. Trump’s wish list included Elton John, Aretha Franklin, and Paul Anka—who, he hoped, would sing “My Way”—but they all claimed to be otherwise engaged. The event ended up with sparse crowds and a feeble roster of performers.

Because I dawdled before reading the piece, I was reading it at the same time as reading coverage of the shutdown. That coverage highlights the results of running a Reality Teevee star as President. There’s NYT report that the reason why Trump has shut down the government to get Congress to fund him a wall is because Sam Nunberg and Roger Stone (and Steve Bannon) used the wall as a mnemonic device to get Trump to repeat his lines.

“How do we get him to continue to talk about immigration?” Sam Nunberg, one of Mr. Trump’s early political advisers, recalled telling Roger J. Stone Jr., another adviser. “We’re going to get him to talk about he’s going to build a wall.”

[snip]

“As a messaging strategy, it was pretty successful,” [anti-immigration activist Mark] Krikorian said. “The problem is, you got elected; now what do you do? Having made it his signature issue, Trump handed the Democrats a weapon against him.”

We’ve shut down the entire government because an entertainment professional always refused to memorize his lines (or as someone on Twitter noted, use a teleprompter), and so the unstable hacks who managed him early on invented a policy promise that not even hardline anti-immigration experts want.

And Trump seems to be judging the advice on the shutdown he receives based on how sycophantically his interlocutors judge his “performance” trying to ratchet up pressure for a wall.

Trump spent much of Saturday on the phone with allies, talking through his positioning on the shutdown and hearing their reviews of his Rose Garden performance, according to a person close to him. Two people regularly on his call list — Rep. Mark Meadows (R-N.C.) and Sen. Lindsey O. Graham (R-S.C.) — have encouraged Trump to take a hard line and refuse to agree to reopen the government unless wall funding is secured, the person said.

Trump, who doesn’t understand the successful tycoon that starred in The Apprentice was the product of heavy editing, has now taken to editing himself, trying to fulfill the things the Campaign Reality Teevee star said over and over, based off what Mark Meadows and Lindsey Graham  tell him.

The New Yorker profile, however, offers scant solutions to the problem that Burnett created — just his ex-wife imploring him to tell Trump he’s not actually living a reality show, as if that will fix the problem.

One day this past fall, Burnett got a call from his first wife, Kym Gold, with whom he remains friendly. Gold was upset about what was happening in the country, and asked Burnett to intervene with Trump. “We had it out,” she told me. “I said, ‘You’ve got to help our children, for the future and safety of this country.’ ” Gold implored Burnett, “Tell him this is not a reality show. This is real life. You’re the President. You’re saying things you cannot say—to reporters, to other world leaders.”

But that wouldn’t fix it even if Burnett were willing to risk losing access to Trump by telling him.

The problem, and any potential solutions, is something I’ve been thinking about for some time. No one is going to cure Trump of his addiction to being framed to look powerful. If he doesn’t get that high from his White House handlers, he will continue to fire them and look elsewhere, to people who are even better trained at flattery than Burnett. Trump now believes he can produce himself, based largely on the feedback of nutjobs like Ann Coulter and Sean Hannity.

I’m not actually advocating letting Trump frame himself as a king. But I also think that much of Democrats’ response involves trying to fact check Trump rather than reframe him. Your typical Trump voter isn’t going to give a damn that Trump is lying until some policy he has bragged about (up to and including the shutdown, but also his trade wars) ends up making them feel personally betrayed.

Mind you, I think Nancy Pelosi understands all this. She understands (like that other great female politician, Angela Merkel) that Trump will lose more if he is shown looking weak next to a woman than if someone proves his 100,000th lie.

That last of the self-imagined productive sycophants left with John Kelly. Trump now has a temporary Chief of Staff, one who will be gone once Trump decides to internalize Mick Mulvaney’s labeling of Trump’s position on the wall as “childish.” That creates a vacuum in the function of framing Trump’s image.

Update, January 12: This important op-ed from an OLC veteran describes how lawyers there do much the same as what editors on The Apprentice does.

But when I was at OLC, I saw again and again how the decision to trust the president failed the office’s attorneys, the Justice Department and the American people. The failure took different forms. Sometimes, we just wouldn’t look that closely at the claims the president was making about the state of the world. When we did look closely, we could give only nudges. For example, if I identified a claim by the president that was provably false, I would ask the White House to supply a fig leaf of supporting evidence. Or if the White House’s justification for taking an action reeked of unconstitutional animus, I would suggest a less pungent framing or better tailoring of the actions described in the order.

I often wondered, though, whether my attempts to remove the most basic inaccuracies from the face of a presidential order meant that I was myself failing to carry out my oath to protect and defend the Constitution. After all, the president had already submitted, through his early drafts or via Twitter, his reasons for issuing a particular order. I sometimes felt that, rather than engaging in professionally responsible advocacy, my OLC colleagues and I were using the law to legitimize lies.

I felt more than a twinge of recognition this month when reading a New Yorker article about Trump and the reality-TV show “The Apprentice.” Jonathan Braun, an editor on “The Apprentice,” described how editors would “reverse engineer” episodes after Trump made impulsive decisions about firing a contestant. The article described editors “scouring hundreds of hours of footage . . . in an attempt to assemble an artificial version of history in which Trump’s shoot-from-the-hip decision made sense.” Like a staff member at “The Apprentice,” I occasionally caught myself fashioning a pretext, building an alibi.

Photo: Pavan Trikutam via Unsplash

Three URGENT Things: POTUS’ Alert Text, Facebonked, Kavanuh-uh

Let’s get right to it, no time for preamble (and don’t forget to check the byline above).

~ 3 ~

There will be an unblockable nationwide test of the Presidential Alert system on all cell phones today at 2:18 p.m. ET.

This infuriates me to no end, especially after Trump’s insulting bullshit at his fan club rally last night in which he denigrated assault survivor Dr. Blasey Ford. It’s as if he’s going to grab us all by the privates at the same time today without our consent.

Think about it: so much of your private personal life goes through your phone and now Trump’s FEMA has decided it will inject itself into your phone?

Lifehacker has a decent article suggesting some methods for mitigating or avoiding the text if not blocking it — you can read about it at this link.

Make sure you tell friends and family ASAP about this alert so they don’t freak out and aren’t in the middle of something important when this alert shows up.

Pity the poor residents of Hawaii, having to face this crap first thing this morning.

Time zone conversion for the alert:

Eastern: 2:18 p.m. ET
Central: 1:18 p.m. CT
Mountain: 12:18 p.m. MT
Pacific: 11:18 a.m. PT
Alaska: 10:18 a.m.
Hawaii: 08:18 a.m.

Check time conversion at this link. I’m going to shut my phone off at 2:00 p.m. ET and take an hour-long break.

~ 2 ~

The half-assed FBI investigation will likely be finished today; don’t expect to see the Swiss cheese-y results riddled with holes where testimony wasn’t collected. It’s unlikely the public will see this report.

This means McConnell will likely pursue a vote on cloture today to end debate in order for the full Senate to vote on Kavanaugh before the end of the week.

Which in turn means CALL YOUR SENATORS. Yes, even the steadfast Democrats who are unlikely to sway because their offices are being flooded with right-wing calls demanding their poor rich white frat boy judge be seated for a lifetime on the Supreme Court.

Screw that. Just MAKE THE CALLS.

Congressional switchboard: (202) 224-3121

Need a script for your call? @Celeste_pewter has them broken into four categories:

– The Democrats who have already said yes, and won’t flip no matter what.
– The red state Democrats.
– The potential GOP flips.
– The GOP senators who will vote yes, no matter what.

And a universal, all-senators script.

Pick the appropriate script and have at it. (Thanks, Celeste!)

HOOSIERS: Make a special effort to thank Joe Donnelly who came out last night as a NO on Kavanaugh. He is surely being pummeled today by Indiana’s finest red staters.

NORTH DAKOTANS: Heitkamp is down but within margin of error of her Republican opponent. Make sure you call so that she doesn’t feel pressure to backslide.

Trouble getting through switchboard or full mailbox? Try contacting your senators’ local offices. Look them up at:

Contacting Congress: https://www.contactingcongress.org
Ballotpedia: https://ballotpedia.org/Who_represents_me%3F

~ 1 ~

Facebook’s massive breach exposes what a bad, BAD idea it was to allow a Facebook login to become a universal login for other applications. Let’s not forget Facebook has also appropriated users’ phone numbers for advertising without users’ consent. It’s a security cataclysm and Facebook is once again flat-footed.

NEVER LOG INTO SITES WITH FACEBOOK USERID.

Never use the same password for more than one site.

Use a password manager.

Read up here about the problem.

What did I do? I gave up Facebook years ago when it was clear to me they were a security cesspool.

~ 0 ~

Now get going. Run!

Treat this as an open thread.

Food for Thought

Those of you who have seen my recent Twitter posts are aware that I went to Wilmington, NC to volunteer with Operation BBQ Relief. We provided meals for people affected by the massive flooding in the Wilmington region resulting from Hurricane Florence. I helped from Sunday, September 23 through Friday, September 28. It was an exhilarating  experience. But I was far from alone. The massive civilian response to this natural disaster clearly rivaled, and in some cases appeared to exceed, the response by FEMA. On September 30, OBR reported having provided 314,575 meals during its time in Wilmington. Similarly, World Central Kitchen, affiliated with Chef José Andrés, reported on October 1 that they had prepared 300,000 meals for the Wilmington area. Many rescues as the floodwaters rose were carried out by the Cajun Navy, which sent over 300 volunteers and responded to over 1500 calls for help during the flooding. They kept a smaller group of volunteers in the region after the initial rescues so that they could deliver food and supplies to neighborhoods that remained cut off by the persistent floodwaters.

That such a massive civilian response is needed is vexing. I lament that government has been so shrunken and so populated with rogues ranging from the merely inept (Heck of a job, Brownie!) to straight up grifters (Scott Pruitt and even Donald Trump himself) that we have to fulfill a primary government function (provide for the common defense) through ad hoc volunteer networks.

At the same time, that such networks of volunteers DO come together is a wonderful affirmation of the compassion and empathy that unite all that is good in humanity. I will admit to a bit of trepidation in choosing to work with OBR. After all, it’s barbecue in the South. I wondered if I would be surrounded by people in MAGA hats. But I chose OBR over WCK because I know barbecue and I’m not a professional chef, so I felt I had more to offer there. I also chose to go there because I realized that it would be likely I would be working alongside many conservatives (I saw no MAGA hats there, by the way), but wondered if they would experience a bit of cognitive dissonance if they realized the empathy they were showing for the flood victims was mostly lacking in the policies they choose to endorse.

While I of course did not find out if any of the volunteers had an epiphany and chose to support more generally empathetic policies, I did feel that a genuine breaking of normal barriers occurred during the busy times producing so many meals.  Working the production lines, simple backyard barbecue enthusiasts like me worked shoulder to shoulder with successful barbecue competition team leaders and owners of barbecue restaurants. They shared information and tips freely, so I learned a huge amount. It turns out that a couple of the leaders for our work also lecture in the BBQ Boot Camps offered by the North Carolina Barbecue Society, and I’ve added attending one of those to my bucket list.

The clear high point of my time there was on Monday, September 24 when we paused our work to commemorate the 2,000,000th meal prepared by OBR since its inception in 2011 following the massive tornado in Joplin, MO. The person chosen to receive that special meal is described in the video OBR posted here (the heart of the story begins around the 4 minute mark if you want to skip ahead). There were very few dry eyes under the tent by the end of the story even though the smokers surrounding us were finished cooking for the day. There was a magical feeling of compassion in the air, along with a sense of awe for what people working together could accomplish. With any luck, that feeling will creep into other aspects of life for some of those who were there.

I did come away with a feeling that perhaps for a few folks, doing volunteer work of this sort may well be a case of “walking the walk” that goes along with talk of very limited government. I still don’t see how that could mesh with the utter lack of empathy displayed by the gentleman behind the check-in desk one morning who wore a shirt proclaiming “Stand for the flag, kneel for the cross” or the lack of empathy for victims of sexual assault that it takes to continue to support Brett Kavanaugh. But at least on the front of caring for one another when disaster strikes, our country is still infused with a compassion that overcomes all barriers. If only we can find a way for it to spread to other fronts.

 

Three Things: CRC—What? An Indictment, Plus Shut Downs Ahead

[NB: As always, check the byline. / ~Rayne]

Brett Kavanaugh’s nomination and confirmation process is an 800-pound gorilla in the media, as is the potential for the obstructive removal of Rod Rosenstein as Deputy Attorney General. They suck up enormous amounts of mental wattage, sitting wherever they want to sit.

Here are three things which are in some way related and worth more of our attention, whatever is left after the gorillas are done with it.

~ 3 ~

CRC: One degree from Manafort

Thomas Fine went prowling around FARA filings, landing this juicy find (pdf):

Yes, Creative Response Concepts, Inc., the same firm for which Ed Whelan has worked, registered in 2005 as a foreign agent for Viktor Yanukovych — the same Yanukovych for which Paul Manafort also worked as an illegal foreign agent. CRC was paid $10,000 by Potomac Communications Group, for which Aleksei Kiselev worked. Kiselev also worked for Paul Manafort to assist Yanukovych.

What a small, small world.

Should note CRC’s registration was after the fact — they were contracted for April-October 2003. Why so late?

(Thanks to @JamesFourM for the PCG-Kiselev-Manafort link.)

~ 2 ~

Indictment yesterday related to Trump Towers…in Azerbaijan

Didn’t see this until late last night: DOJ indicted Kemal “Kevin” Oksuz (pdf) on one count of hiding or falsifying material facts and four counts of making false statements to the U.S. House of Representatives Committee on Ethics. The filings were related to a Congressional trip to Azerbaijan ultimately paid for by State Oil Company of Azerbaijan Republic (SOCAR), the wholly state-owned national oil and gas company of Azerbaijan.

Oksuz is now a fugitive.

Ten members of Congress and 32 staffers traveled in 2013 to attend a U.S.-Azerbaijan convention in Baku after Azerbaijan had asked Congress for an exemption from sanctions on Iran for a $28 billion natural gas pipeline project. The members and staffers were later cleared as it appeared they believed the trip’s funding was provided by Oksuz’s nonprofit organization.

Personally, I think those members and staffers needed a rebuke. Nonprofits don’t print money; they rely on money from donors. Follow the money to the donors before accepting a trip and incidentals. It’s not rocket science.

Worth keeping in mind the Trump International Hotel & Tower built in Baku, overseen by Ivanka Trump, which burned in late April this year — an amazing two fires, same day. What are the odds?

~ 1 ~

Shutdowns Ahead: U.S.-Canada and U.S. Government?

Doesn’t look like negotiations between the U.S. and Canada are going to make this Saturday’s deadline. No idea what will happen after that. We all know the Trump administration has been at fault; how could anybody screw up a long-term peaceful relationship like U.S.-Canada, our second largest trading partner after China, without deliberate bad faith? Without the intent to screw over another NATO member’s economy?

And the U.S. government itself faces a budget deadline. If the “minibus” budget bill isn’t signed by midnight this coming Sunday we’re looking at a shutdown and it appears the bottleneck may be Trump. The jerks at Breitbart are fomenting to encourage a shutdown by insisting Trump refuse to sign the bill — they’re just plain malicious, thinking not at all about the impact on fellow Americans or the economy.

Putin must be laughing his ass off at how easily the GOP’s white nationalist base has subverted U.S. and NATO stability by giving up control to a mobbed-up, golf-addicted, attention-deficient wig.

~ 0 ~

Don’t miss Marcy’s interview on Democracy Now in which she talks about Rod Rosenstein’s status and the Kavanaugh confirmation process.

Treat this like an open thread — have at it.

p.s. A note on site operations: Please be sure to use the same username and email address each time you log into the site. It makes it easier for community members to get to know you. Deliberate sockpuppeting is not permitted.

Radical Socialism or Clear-Eyed Realism?

[Check the byline — this is Rayne.]

A new commenter wrote that Alexandria Ocasio-Cortez’ “rhetoric is pretty radical.” Ocasio’s the recent Democratic Party primary winner for House seat NY-14, unseating long-time incumbent Joe Crowley in the Bronx-Queens district.

But is Ocasio really radical? Is her Democratic Socialist platform all that far left? Looking at Ted Kennedy’s concession speech from 1980 and the points around which he’d wish to rally Democratic voters 38 years ago, probably not given the changes to our society and economy. Unlike 1980, before Ronald Reagan broke down PATCO — the Professional Air Traffic Controllers Union which went on strike in 1981 — we no longer have a thriving middle class based on employment with adequate job security and living wages. We have instead handfuls of billionaires who have amassed their record-breaking fortunes rapidly on the backs of half the country which can’t scrape together $400 cash for an emergency, whose real wages haven’t budged since the 1980s.

Two points that seem to be of particular concern to our new commenter in Ocasio-Cortez’ platform are the Universal Jobs Guarantee and Housing as a Human Right.

Is a Universal Jobs Guarantee more or less radical than Universal Basic Income? How are we going to deal with an economy in which tens of millions of jobs have been completely displaced by automation — like autonomous transportation, expected over time to replace millions of truck, hired cars, train drivers and ships’ pilots?

You might want to catch up, then. Save the “But capitalism!” and “But taxes!” rebuttal because

1) we live in a mixed economy already;
2) the socialist portions have been cut too far back and proven capitalism to be grossly inefficient in wealth distribution; and
3) leaders, particularly Democratic ones, already grasp the problem.

Housing as a Human Right is already embedded in the United Nation’s Universal Declaration of Human Rights for the U.S. voted in 1948. Yet in the U.S. there is no place a full-time minimum wage worker can afford basic housing (as if there are full-time minimum wage jobs since nearly all are structured as part-time to avoid unemployment tax). How can we expect to deal with this on a long-term basis when the Federal Reserve and other entities continue the decades-long suppression of wages?

Again, leaders (particularly Democratic/liberal ones) have already recognized this problem and encourage solutions. It may be far more radical to stick one’s head in the sand and ignore the mounting housing crisis.

Perhaps the real problem isn’t that a platform like the one Ocasio-Cortez has built her campaign upon is labeled Democratic Socialist.

Perhaps the real problem is the decades-long right-wing propaganda which denigrates reasonable, achievable political solutions to real problems average Americans face as radical and socialism as something we haven’t already accepted and relied upon within our existing social safety nets like Social Security and Medicare.

Perhaps the real problem is the same absolutist propaganda which has uniformly characterized any and all Democrats, even moderates, as “hippies”, “liberal bigots” and worse rather than see them as fellow Americans who believe in the Constitution and also believe the U.S. can do more for the common man through reasonable and distributive economic justice.

Is it really all that radical to want to form a more perfect union by establishing economic and social justice, insure domestic tranquility by ensuring every American has food and shelter, provide for the country’s common defense by promoting American’s general welfare?

 

Treat this as an open thread.

Legal Ethics in Trumplandia

Warning: this post may be considered uncivil.

I was a public servant for 6 ½ years. I was an assistant in the Tennessee State Attorney General’s office beginning in mid-1977, and became Securities Commissioner in the Insurance Department in mid-1980. In that time I dealt with a number of interesting ethical issues, directly and indirectly. Where do we draw the line between defending the constitutionality of a questionable statute? Should we intervene in a specific case for public policy reasons? Should we defend a lawsuit against a state employee?

Particularly difficult questions arose when suits were filed alleging systematic violations of law or human rights. The Alcoholic Beverage Commission was being bribed into approving liquor licenses, for example. A worse case involved guards sexually assaulting juvenile detainees. I won’t discuss these cases even now, but I learned the importance of making decisions as a lawyer that kept my conscience clear.

It must be like this every half-hour nowadays for career Department of Justice lawyers. The ignorant policy decisions, the incompetent drafting, the table-pounding public statements on top of difficult questions of constitutional law and statutory interpretation must make for situations that are fascinating, difficult, and even funny in a bizarre way. I don’t have a problem with career lawyers defending the policies of this or any administration. I do question some of their arguments. For example, in the Muslim Ban cases they argued that public statements made as candidate and as President aren’t relevant, which seems ridiculous, but SCOTUS disagrees with me so I was wrong. Or something was wrong. But anyway, I know this must be exhilarating for those people, and I hope they are finding the pleasure that I can see from a distance in the kinds of issues they face.

That doesn’t apply to the Child Snatching Case. Or, as the normalizing media call it, the Child Separation Policy. The facts of the matter are not seriously disputed. As a matter of policy, every person deemed to have entered the US illegally is charged with a crime. That includes people lawfully seeking asylum. Their children are snatched from their arms and sent thousands of miles away. The parents are jailed. The kids are kept in cages before transfer, often to horrifying profit-making entities where care is minimal. Some of the kids are drugged without their consent or that of their parents. The government doesn’t know where the kids are or how to reunite them. Some of the parents were deported without their children. The policy of referring all immigrants for prosecution may have been dropped recently.

The policy was put into effect secretly, with no notice, in the Summer of 2017, and the government formally admitted it April 6, 2018. At least 2,000 thousand children were snatched. Here’s a short history from the New Yorker.

The ACLU filed suit February 26, 2018 on behalf of a Congolese woman who sought asylum for herself and her 7 year old daughter who were separated pursuant to the policy. DOJ lawyers entered an appearance March 23, and filed a motion to dismiss April 6. The ACLU filed an amended complaint, and then a request for a preliminary injunction. The DOJ lawyers objected. A hearing was held in June, and a preliminary injunction entered June 26. It became clear at that point that the Trump Administration couldn’t find kids, didn’t know which kid went with which parent, and didn’t have any way to find the parents who had been deported without their children.

Buzzfeed has done a good job reporting on this case. Here’s a report by Adolfo Flores on the July 7 hearing that clarified the sickening state of the records and the failure of the Trump Administration to protect the children. Here’s Zoe Tillman’s report on the status as of July 9. Apparently one family that was separated were US citizens.

This policy punishes parents, many of whom are innocent, without due process. All of the children are damaged, and they are all innocent of any wrong-doing. The punishment is cruel and unusual in the sense normal people use those words.

The policy, if this unplanned and undocumented perversion can be called a policy, was imposed by US Attorney General Jeff Sessions. He says it was designed to deter families from illegal entry, but that is an easily disproved lie. It couldn’t work if it wasn’t public. It couldn’t work if entry is legal, as in the case of those seeking asylum. And it could never work against the children. This people who designed and approved this policy are sadists. They’re just the latest version of US monsters, like the torturers, the liars who ginned up the Iraq War, and the armchair warriors who send out the bombers and cruise missiles as the mood or politics strikes them. We have no recourse against them. They are beyond the reach of law or conscience. They are beyond accountability.

The people who are carrying out this policy are the only people who could have ended it. They didn’t. They are complicit and each one bears a share of guilt.

That includes the lawyers who defended the case. Assuming a minimum degree of competence, I speculate that the DOJ lawyers in the ACLU case knew about the policy and had some idea of the scope of the damage by mid-March. They certainly knew about the policy and its purpose by the date of the public announcement, April 6, the day they filed the motion to dismiss. They then chose to continue to litigate rather than work to terminate of this inhuman policy and stop the damage, and failing that, to resign noisily, They had choices; hard choices to be sure because the policy was designed by their political boss, Jeff Sessions, but still choices.

The effect of their decision to continue litigating is that the life of the policy was prolonged for months and more children were snatched. Other workers were put in a position where they may have felt they had no choice but to enforce the policy. The government and its private contractors continued to abuse the parents and especially the children. The resources of charitable organizations and others working on this disaster were depleted. Surely the lawyers didn’t need the money or the job that badly.

They may still have a conscience. If so, I hope it eats at them all their lives. I hope they have to explain their actions to their children. I hope the memory of toddlers screaming for their moms and dads comes to them in the night and gives them sweats. It’s a fair price to pay for the damage they have done to thousands of children and their parents.

Graphic: Quino Al via Unsplash (mod by Rayne)

Three Things: Call, Call, Call!

[As always, note the byline — this isn’t Marcy’s post. / ~Rayne]

Dial (202) 224-3121.

If you don’t already have this number memorized or logged as a contact, have it tattooed on your body where you can see it. Afraid of needles? Use henna for a temporary tattoo. You’re going to need this number until Congress breaks before the mid-term elections.

~ 3 ~

The White House’s occupant was supposed to announce today the nominee to replace Justice Anthony Kennedy. Call your senators and tell them to refuse to hold hearings on this nomination.

If they are GOP, tell them it’s too close to the mid-term elections and the people deserve to have a say — in short, use the same argument Mitch “Turtlehead” McConnell used when he refused to hold a Judiciary Committee hearing to approve President Obama’s nominee, Merrick Garland.

If your senator(s) are Democrats or Independents, tell them they must deny a president who is under investigation any nominee to a lifetime seat as long as there is a cloud over the presidency. If they cannot fend off a Judiciary Committee hearing, insist they do not vote for any nominee who seeks to overturn Roe v. Wade. Nor should they confirm a justice who will not recuse themselves from any case against Trump or his campaign arising from Department of Justice investigations, nor should they approve a justice who believes the president is in any way above the law, immune in ways the public is not.

I’ve come to resist The Hill as it has become ridiculously biased, but this op-ed is worth a read: The ‘McConnell Rule’ is law, and Senate Democrats should sue to enforce it.

Live by Turtlehead’s rule, die by it.

Need a script for your calls? See Celeste Pewter at this link.

~ 2 ~

Your next call is again to your senators, this time on the nomination of Brian Benczkowski to the Department of Justice as Assistant Attorney General.

Senator Dick Durbin has already been working on this:

Read the letter’s text and the rest of his comments on Twitter at this link. Benczkowski’s nomination should be withdrawn; it is little more than another form of obstruction of justice.

This is another poisonous nomination; just as a president under investigation shouldn’t be permitted to appoint justices, neither should he be able to appoint nominees to the Justice Department with such serious conflicts related to the same investigation. Benckowski’s nomination is simply corrupt.

~ 1 ~

WHERE ARE THE CHILDREN?

Not the Thai students who’ve been trapped in cave but the thousands of children from infants to teens who have been separated from their asylum-seeking parents for no legal reason apart from institutionalized terror in the form of human trafficking.

The lack of a means to trace children as they were placed in camps, foster homes, gods know where else is a clear indication of intention: this administration meant for these children to be lost to their parents. This administration did not want to be held accountable by any tracking.

As I’ve said before, it’s criminal. Media shouldn’t expend one lick more time on scum like Alan Dershowitz (like The New York Times’ allocation of six journalists to his obstructionist ass) and instead should be hounding the government to find and unite these children with their parents, documenting application of immigration and asylum laws, and reporting on the creation of concentration camps (that’s exactly what they are).

Call your representatives in both houses of Congress and demand a legislative fix — Rep. Nadler’s Keep Families Together Act (HR 6135) and Sen. Schumer’s call for a Reunification Czar — to bar the executive branch from separating families. I also want to bar the use of military resources for this purpose.

See Celeste Pewter at this link if you need more overview and a script for calling.

Some of the children are being reunited under court order — like this one-year-old who appeared before a judge, alone — but if the government never had a plan in place to track children separated from families, how do we know all the children will be reunited?

~ 0 ~

Every Monday seems considerably worse, but I’m not going to face them on my knees. Instead I will be contacting Congress. What about you?

Angry Mom: Hey Attention Deficit Media, Catch a Clue!

I don’t even have a real post for this. I am so goddamned angry right now. Apparently the news media needs a recap on priorities.

There are thousands of children kidnapped by this administration, being trafficked under the guise of immigration control and border protection, shoved into all manner of care situations.

They don’t have anything to give them comfort; they are being permanently damaged at the cellular level by the stress they’ve been placed under by a heartless, thoughtless, incompetent bureaucracy.

There is no assurance so far that they are being tracked in any way.

There is no assurance they are not being abused.

Their parents are worried sick and equally damaged by these kidnappings, with no assurance they will ever be reunited with their children.

All for a misdemeanor offense of crossing a border in order to file for asylum.

The administration is making zero effort to address the root problems causing these refugees when they could be talking bilaterally with Mexico and Central American countries — they are simply not acting in good faith in any way.

The White House wants to rob Peter to pay Paul, expecting Defense Department to domestic policing.

We’re looking at executive-sanctioned kidnapping. Child abuse. Genocide by separation. Violation of Posse Comitatus Act. Possible human trafficking to unknown entities outside of government custody.

And the goddamned news media is chasing Trump’s human shield — the illegal immigrant who became legal by sleeping with a rich white dude — because of her idiotic attire. Be fucking best, indeed.

PAY ATTENTION, DAMN IT.

Where are the girls, the babies, all of the children? Where are the sick ones? And where are the dead ones?

Democratic elected officials have been trying to get answers, but they are denied access. A bipartisan group of mayors was refused access today in Texas. There’s too little coverage of this systematic denial preventing us from knowing what’s been done in our name with our tax dollars.

Do your damned jobs, media, and catch a clue. Quit chasing a deliberate distraction. There is nothing going on in or around that cheap women’s jacket which will solve the massive human-caused humanitarian disaster under way.

____

Use this as an open thread. Emphasis on media failures under the Trump administration, please.

Angry Mom: Hiding the Trumpian Genocide’s Records

When I think can’t get any angrier at this miserable excuse for governance, the Trump administration proves there isn’t a limit to how low they will go.

Sleazy, unlawful executive action without adequate oversight followed by a fog of obfuscation and prevarication is bad enough. The administration will now double down now to hide what it’s done and hope like hell nobody notices.

It doesn’t help that members of Congress, journalists, and the public still haven’t grasped the true nature of the crimes before them.

The Trump administration hasn’t merely ignored or broken existing U.S. laws on handling of asylum seekers. See 8 U.S. Code § 1158:

(a) Authority to apply for asylum
(1) In general
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title.

(2) Exceptions
(A) Safe third country
Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.

(B) Time limit
Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.

There’s more but the key part in boldface above. The “zero tolerance” approach to border protection violated this code. Asylum seekers do not have to apply from outside the country; they can apply once inside the country. I’m not a lawyer but I don’t see anything here that indicates asylum seekers are suddenly not eligible to apply for asylum because they crossed the border.

And nothing in the entirety of 8 U.S. Code § 1158 indicates the government may take custody of asylum seekers’ minor children with or without force.

Note also where the asylum seekers may apply — they are NOT limited to designated ports.

DHS Secretary Nielsen’s claim that border crossers had not applied through ports of entry is a lie because it wasn’t required of them.

What happens to the children appears to fit the description of kidnapping (18 U.S. Code § 1201), including section (a)(3), an “act against the person is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49” for those children who are flown by aircraft to other destinations in the U.S. out of their parents’ physical custody. It’s no wonder carriers like United Airlines and American Airlines wrote and published letters yesterday telling DHS to stop using their services for moving the children across the country.

The conditions in which many of the children have been placed also appear to be abusive; based on the children seen so far there are reports of not enough food, sedation, restraints, disruption to sleep habits, etc.

But that’s not the end of it. The entire separation of children from their families appears to be genocide under The Convention on the Prevention and Punishment of the Crime of Genocide which the U.S. has signed (1948) and ratified (1988):

Article 2
In the present Convention, genocide means any of the following acts committed
with intent to destroy, in whole or in part, a national, ethnical, racial or religious
group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

We have not yet seen evidence of child deaths, but section (b) is likely and (e) of Article 2 is definite — the children are now in custody of the United States government and disbursed to others’ care.

Wednesday’s executive order does nothing to remedy the situation. It doesn’t even stop the separation of children from families due to its murky wording. It exacerbates the problem by foisting some of the responsibility on the military, placing the Defense Department at odds with the Posse Comitatus Act (18 U.S. Code § 1385) as the EO expects the military to perform a domestic function — DHS’ border patrol and immigration services — which is not in response to a natural disaster.

(Oh, this is definitely a disaster, but it is human made.)

Ordering the military to provide assistance also draws defense resources away from where they may be needed, potentially creating security risks.

And yet this is not enough insult. DHS’ Immigration and Customs Enforcement (ICE) asked the National Archives and Records Administration (NARA) last year if it could change its record retention practices, according to The Memory Hole:

Immigration and Customs Enforcement (ICE) has asked for permission to destroy all its documents about the deaths of detained immigrants in custody 20 years after a case is “closed.” (Deaths in ICE custody are almost always investigated by ICE itself. A minority are investigated by the Department of Homeland Security’s Inspector General. [report])

Similarly, ICE wants to destroy all its documents about sexual assaults of detained immigrants in custody. The time frame is 20 years after a case is “closed.” (Again, ICE almost always investigates itself in these cases. The Department of Homeland Security’s Inspector General investigates around 1% of complaints/reports. [article]) NARA argues that this information is “sensitive,” implying that documents containing the identities of victims and the accused should not be kept indefinitely. ICE itself did not offer this (or any) justification.

Thankfully The Memory Hole followed up and asked for status on ICE’s request, to which NARA replied:

No final action has been taken on this schedule. NARA appraisal staff have reviewed the comments received, and held several meetings with ICE records management and program staff regarding the records being scheduled.

Proposed changes to the schedule are being reviewed internally by NARA stakeholders for internal concurrence, after which NARA will inform ICE of the required changes. NARA will then publish a follow-up Federal Register notice responding to the public comments we received. This notice will be open for public comment for 15 days from the date of publication.

But it is not yet impossible that records related to the current human-made disaster affecting thousands of children may be destroyed prematurely, depriving them of justice.

There’s simply no way that ICE should be allowed to change its records retention given the scale of the separated families disaster. And yet I have a horrible, angry feeling the Trump administration will do whatever it can to hide its role in this genocidal activity along the U.S. southwest border.

EDIT — 5:45 P.M. EDT —

I meant to add one more thing to this post. It’s imperative I add this now that the White House has tried to change the subject by using FLOTUS as a human shield with a target literally painted on her back. Do not be derailed by their bullshit. Keep asking:

Where are the girls?

Where are the babies?

Where are ALL the bodies???

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