When Trump Brought Romney To Heel, or Further Adventures in the Cabinet of Deplorables

trump-romney-carKarma is a bitch, or so it is said. I think it is currently. Back in the day, Mittens was famous for being such a cheapskate cheeseball (yeah, despite the car elevator, which seems quaint now compared to Trump’s ostentatiousness) that he loaded the family dog into a small box coffin mounted to the top of the family station wagon to go on family vacations.

The dog was named Seamus, Mittens was an anus, and the incident became famous. But the long ago incident dogged Romney in the 2012 election. Sometimes, things come back to bite you in the ass.

Welp, here we are deep in 2016 and that dog bites Mitten man story is back. Romney, who seems a decent chap in relation to the current Cabinet of Deplorables under consideration by Team Transition Trump, is suddenly – supposedly – under consideration for a Cabinet post. Reportedly the Secretary of State slot, but possibly others as well.

But, wait, is Mitt Romney on the Trump Christmas Card List, much less cabinet appointment list?

Seems hard to square since Mittens was there ripping the Donald a new anus as recently as last March. But that was then, and this is now. And…..now…..the major media is all agog that the Trumpeter could be soooo rational and awesome as to be assembling the vaunted “Team of Rivals”. Here is everybody’s favorite Mark Halperin replacement stooge, Chris Cillizza of WaPo’s “The Fix”, milking the mad cow for every drop he can:

Again, this would, largely, run counter to how Trump ran his presidential campaign. But that would also make picking Romney all the more powerful a symbol. Campaigns are one thing, Trump would be saying, but being president is another. I want to be surrounded by the best people for the job — no matter what we said about each other in the past.

This is, of course, the whole “Team of Rivals” concept that garnered President Obama so much good press in his own transition period back in late 2008. Trump has further to go — a lot further to go — than Obama did to heal the rifts within his own party and answer doubts about his readiness to do the job to which he was elected. But the Romney meeting is a step in the right direction. Getting Romney to sign on would be an even bigger one.

This is, of course, a boatload of steaming shit. Hey, it is the Cillizza Fix, what did you expect? There are a plethora of others in the major media, including cable, deep diving into the same ridiculous bunk.

Take a look at who Trump has signed on to officially so far for his chosen team: Mike Flynn, Jefferson Beauregard Sessions, Steve Bannon. Notice anything in common there? Perhaps near insane levels of bigotry, hatred and ostracization of others? Gannon may seem the most inert, but that is wrong, he is just the least known outside of the annals of white neo-Nazi Breitbart nationalism. But they are all of a core.

So, let us be honest, will the Senate Judiciary Committee put up any real roadblock to a dyed in the wool unreconstructed racist like Jeff Sessions? Hahahaha, no, of course not. Republicans own the SJC, and even the Dems will ultimately give in to Sessions’ nomination. They will put up a nominal “stern questioning” as DiFi has already so gallantly promised, and then they will cave completely.

Will discerning Republicans with morals object to Sessions’ nomination? Hell no. The single most quirky and sometimes actually moral GOP member of SJC, Jeff Flake, has already strongly and early come out in favor of Beauregard’s nomination. If you know SJC, this is over, and welcome to unreconstructed racist Jeffrey Beauregard Sessions as AG.

The point is that Trump is the racist bigot he has always promised to be. Do NOT buy in to the cloying clickbait rationalizing and normalizing pablum of the main and cable media. They already know they are under siege from Trump, and are already cowering in the midst. The media we ought be able to count on are already “asking questions” about what they will do, while they do nothing to stop the nonsense. It is already a stunning abdication, as if the performance during the election were not proof enough.

So, what does Trump’s meeting with Mitt Romney Saturday really mean?

That Trump is reasonable and might let Mittens, who insulted the hell out of Trump not long ago, be one of his key Cabinet members?

cxla1tsveaap5kiHahahaha, no. Don’t be foolish. This is a staged clownshow for the idiot media who, of course, are lapping it up. Secretary of State for Mittens? Hahahahaha, not likely, Trump is not that gracious, forgiving or intelligent. Heck, Mittens had to carry his own shoes through TSA, all by himself. If the Trumpalo wants you, that is not how it happens.

No, what is going on here is that Trump is bringing Romney, who insulted him and disrespected him, to heel. Like a dog. Chris Christie, who supplicated and humiliated himself over the better part of a year to support Trump, was sent packing like he had the plague. That was only because Christie had slighted the son-in-law’s father in the past.

Romney fired all his guns in anger in a direct broadside against Trump himself. Sure, yep, totally, Trump will now make Mittens Secretary of State.

Probably ought roll with that meme media members. Uh huh. Trump is taking you, and Mittens, on a ride if you think Romney is getting any significant policy post like SOS. Nope. Oh, but the way, Ted Cruz isn’t either. Give it a rest.

[The graphic at the top, which is totally awesome, is by the one and only TWolf, our friend for a long time. Follow Tom at @twolf10]

The Blame the Media Movement

screen-shot-2016-11-14-at-10-10-55-amThere was an odd moment yesterday on Twitter when a bunch of people were RTing screen caps of NYT’s front page the day after Jim Comey’s October 28 letter, blaming the media for Hillary’s loss.

I think the idea behind their complaints is that because the media — as embodied by the NYT — spent so much time focusing on Hillary’s emails, she lost.

I agree that “the media’s” focus on Hillary’s email contributed significantly to the loss. But the way in which people were complaining about it betrays a lack of understanding of the problem.

First, consider what they were complaining about. The NYT’s print edition had a topline story that “New emails jolt Clinton campaign in race’s last days.” That is almost exactly the Hillary camp’s preferred explanation for why they lost, that the Comey announcement roiled her campaign right at the end. The NYT also focused on Comey’s inappropriate behavior. And also reported what Trump said about the emails — again, reporting what the opposing candidate actually said.

Here’s how Media Matters — which because of close ties between the campaign and the organization, should be considered a house organ for the campaign — dealt with this treatment in real time.

Over the past two days, The New York Times has devoted five of its six above-the-fold articles to FBI director James Comey’s letter to congressional leaders indicating that the Bureau is reviewing additional “emails that appear to be pertinent to the investigation” of Democratic presidential nominee Hillary Clinton’s use of a private server as secretary of state. By providing such prominent coverage, the Times has indicated that the letter is news of the highest possible significance — in spite of the Times’ own reporting that FBI agents have yet to read the emails and determine if they are significant and the letter “did not reopen” the investigation.

In his October 28 letter, Comey wrote that the FBI has “learned of the existence of emails that appear to be pertinent to the investigation” while investigating an unrelated case and is taking “appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation.” He added that the “FBI cannot yet assess whether or not this material may be significant, and I cannot predict how long it will take us to complete.”

Despite the paucity of information Comey indicated was available, the letter triggered a firestorm of speculative media coverage.

The Times, which has both a responsibility as the leading national newspaper to put the story in appropriate context, and a long history of applying excessive and disproportionate scrutiny to news about Bill and Hillary Clinton, led the media’s feeding frenzy.

On Saturday, the entirety of the Times’ front page above the fold was dedicated to three separate articles about Comey’s letter. The lead story declared, “New Emails Jolt Clinton Campaign In Race’s Last Days; FBI Looks at Messages Found During Inquiry.” But as that article noted, it is not clear whether the emails are “new” or duplicates of emails previously reviewed by the FBI; the FBI “had not yet examined” the emails.

The front page also featured articles on Trump’s response to the news and on Republican and Democratic lawmakers’ criticism of Comey in light of the letter.

The Times front page drew criticism for providing such prominent coverage before it was clear whether the emails in question were even relevant to the investigation.

The MM piece does raise two absolutely fair content complaints: that the NYT said FBI “reopened” the investigation (though I’m not sure the distinction is as important as they make out, especially since the FBI had at least one other open investigation during this period), and that the headline said the emails were new when that was not yet clear.

Fair points. But.

MM is also absolutely obsessed with the way NYT has emphasized this on their front page. You know? A dead tree front page? Not just any dead tree, but the NYT’s dead tree?

Of the 100,000 or so people who decided this election, how many of them get their news from the NYT, much less the dead tree version of the NYT? In both the rural and urban areas where Hillary lost MI, you’d have to go to a store, and even then the Sunday Times might be the only thing you could get in dead tree form in timely fashion. I’m sure it’s easier to get the dead tree NYT in Philly, but not in Erie, PA, two other places where Hillary lost this election. So while the NYT’s coverage surely matters, its relative placement on the dead tree is not the thing you should focus on.

You want to track what caused the undue influence of the Comey letter on the election? A far better place to focus is on Bret Baier’s claim, a few days later, that two sources had told him with 99% certainty that Hillary was going to be indicted. MM did cover that, for several days straight, including showing that Fox kept reporting on the claim even after Baier retracted it.

screen-shot-2016-11-14-at-11-27-51-am

But that’s not the other thing you need to track.

Obviously, you need to track Breitbart, the Steve Bannon site that legitimized white supremacy.

Particularly given that the rural areas where Hillary underperformed have often lost their local press (which might otherwise have exposed them to the AP version) you also need to account for social media. It would be bad enough if that consisted solely of people consuming the conspiracy theories their buddies pass on. But, as has increasingly been discussed both during and since the election, those have been hijacked.

On both, people — even some without any stake in the election, such as kids in Macedonia — created false claims to generate clicks to make money.

“This is the news of the millennium!” said the story on WorldPoliticus.com. Citing unnamed FBI sources, it claimed Hillary Clinton will be indicted in 2017 for crimes related to her email scandal.

“Your Prayers Have Been Answered,” declared the headline.

For Trump supporters, that certainly seemed to be the case. They helped the baseless story generate over 140,000 shares, reactions, and comments on Facebook.

Meanwhile, roughly 6,000 miles away in a small town in the former Yugoslav Republic of Macedonia, a young man watched as money began trickling into his Google AdSense account.

[snip]

Most of the posts on these sites are aggregated, or completely plagiarized, from fringe and right-wing sites in the US. The Macedonians see a story elsewhere, write a sensationalized headline, and quickly post it to their site. Then they share it on Facebook to try and generate traffic. The more people who click through from Facebook, the more money they earn from ads on their website.

Earlier in the year, some in Veles experimented with left-leaning or pro–Bernie Sanders content, but nothing performed as well on Facebook as Trump content.

“People in America prefer to read news about Trump,” said a Macedonian 16-year-old who operates BVANews.com.

BuzzFeed News’ research also found that the most successful stories from these sites were nearly all false or misleading.

Far more troublingly, Facebook’s algorithm that influences what news people see not only doesn’t sort out fake news, but they purposely avoided fixing the problem during the election because that would have disproportionately affected conservative “news.”

[I]t’s hard to visit Facebook without seeing phony headlines like “FBI Agent Suspected in Hillary Email Leaks Found Dead in Apparent Murder-Suicide” or “Pope Francis Shocks World, Endorses Donald Trump for President, Releases Statement” promoted by no-name news sites like the Denver Guardian and Ending The Fed.

Gizmodo has learned that the company is, in fact, concerned about the issue, and has been having a high-level internal debate since May about how the network approaches its role as the largest news distributor in the US. The debate includes questions over whether the social network has a duty to prevent misinformation from spreading to the 44 percent of Americans who get their news from the social network.

According to two sources with direct knowledge of the company’s decision-making, Facebook executives conducted a wide-ranging review of products and policies earlier this year, with the goal of eliminating any appearance of political bias. One source said high-ranking officials were briefed on a planned News Feed update that would have identified fake or hoax news stories, but disproportionately impacted right-wing news sites by downgrading or removing that content from people’s feeds. According to the source, the update was shelved and never released to the public.

It’s unclear if the update had other deficiencies that caused it to be scrubbed.

“They absolutely have the tools to shut down fake news,” said the source, who asked to remain anonymous citing fear of retribution from the company. The source added, “there was a lot of fear about upsetting conservatives after Trending Topics,” and that “a lot of product decisions got caught up in that.”

A similar effect is happening as we speak, spreading the false claim that Trump won the popular vote.

We actually don’t know what the media diet of the average person who normally would have voted Democratic is — I sincerely hope it’s something we get a handle on. But we need to understand that we would be lucky if the dead tree NYT is what we need to worry about.

And given that Trump is likely to overturn net neutrality, it is likely to get worse before it gets better.

Update: Fixed the Buzzfeed blockquote.

The Questions That Should Be Being Asked About Trump’s Tax Returns

watch-trumps-tax-evasion[Editor’s Note – this is a guest post by a friend of ours here at the Emptywheel Blog, Bob Lord. Bob is a longtime tax attorney with some very salient thoughts on Trump’s taxes, and lack of production thereof]

By Robert J. Lord

A lot has been said about Trump’s refusal to make his tax returns public. But despite the volume of commentary, it’s not clear the right questions even are being asked.

Trump claims he can’t release his returns because he’s under audit. At some level, that’s a legitimate concern. It would hardly be fair if thousands of tax professionals who oppose Trump politically helped the IRS by publishing their own analyses of the returns. Ultimately, however, it’s a phony excuse.

But rather than challenge the logic behind Trump’s refusal to release returns, a series of questions should be asked:

First, what tax years are under audit? Does it go back beyond 2012? If not, can the 2011 return be released? After all, the statute of limitations on the audit of that year has passed, so there’s no exposure to Trump by releasing that return. If not 2011, how about 2010?

Second, why haven’t the audit notices been released? An audit notice is a short, generic letter from the IRS stating that a taxpayer’s return has been selected for examination. There’s nothing so sensitive in such a generic notice that it could not be made public. At this point, Trump has not even offered up this most basic evidence that he is really even under audit. Why hasn’t proof been demanded?

Third, for the tax returns that are under audit, why can’t the first two pages be released? After all, those first two pages simultaneously contain the information most relevant to the public about a presidential candidate and contain no information that reveals the issues under audit. Although an audit ultimately impacts the numbers that appear on the first two pages of the return, it’s the schedules and other information that the IRS analyzes in an audit. For example, the first page of Trump’s return states the income or loss he received from partnerships and real estate investments, but it’s a schedule attached to the return, and the returns of the partnerships in which Trump is a partner, that contain the information the IRS would scrutinize in an audit.

Fourth, if for whatever reason the first two pages of the returns can’t be released, could Trump at least release five numbers from each of his returns: his gross income, his adjusted gross income, his taxable income, his self-employment tax liability, and his income tax liability? If not, then why not?

Fifth, is the sensitivity of Trump’s IRS audit the only reason behind his refusal to release the returns? Is Trump also under audit by any other tax agency, such as New York State’s Department of Revenue?

These questions would force Trump to take one of two approaches: Either continue to evade or allow the exposure of an uncomfortable (and intuitively obvious) reality – that the sensitivity of his audit is not the real reason for his refusal to release his returns. In all likelihood, he’d take the first approach, probably claiming that his tax advisors have told him not to release any information publicly. But, again, that cannot explain his refusal to release returns up to 2011, for which the statute of limitations have all expired.

What is the real reason Trump does not want to release the returns, even the first two pages? It could be that there’s some embarrassing piece of information in there somewhere and Trump learned from Romney’s refusal to go beyond a limited release of his returns that eventually people forget about a candidate’s refusal to come clean. More likely, however, the problem he’s facing is his own lack of credibility. The tax return of a real estate magnate like Trump paints a very distorted picture. Income will vary wildly from one year to the next. Important items might be buried in the return of a partnership or corporation that can’t be released because of minority partners or shareholders. Taxpayers in Trump’s position tend to bunch their charitable contributions, making them in the years they provide the most tax benefit. Unfortunately for Trump, that practice could make him appear incredibly tight-fisted if his returns over too short a period are seen in isolation.

And that’s where Trump could be trapped by his own lack of credibility. It may well be that there’s a perfectly reasonable explanation for whatever Trump would prefer not to be out there for public comment. Trump’s problem is that if the explanation comes from him, nobody will believe it. And he knows it.

At a minimum, however, the above critical questions must be asked. Even if Trump has to explain a few items on his returns, that is no greater fear or burden than every other previous Presidential candidate has faced. Certainly Trump may have varied financial interests, including charitable trusts. But so have other candidates before, including Hillary Clinton this election, and all have engaged in public transparency but for Trump.

Hopefully the press, including the debate moderators, will force Mr. Trump to answer these basic questions.

Robert J. Lord, a tax lawyer and former Congressional candidate, is an associate fellow at the Institute for Policy Studies. Bob previously served as an adjunct faculty member at the Arizona State University School of Law. Bob’s work focuses on the relationship of tax law to inequality. He contributes to both the Inequality.org website and to OtherWords, the Institute’s national syndicated editorial service. Bob also is a staff member at Blog For Arizona, the leading political blog in Arizona.

Brennan Calls Out the Press for Giving ISIS More Credit Than They Deserve

Both James Clapper and John Brennan appeared at the Aspen Security Forum this week (it was Brennan’s first appearance, apparently). As I may lay out, Clapper was by far the more measured of the two. But this exchange, between Brennan and Dina Temple-Raston, deserves more attention. She notes that ISIS gets credit for attacks (she doesn’t name any, but I’d point to the San Bernardino killing and the Orlando massacre) that seem incidentally motivated at the last minute by ISIS, but generally are motivated by other issues.

To his credit, Brennan blames the press for crediting ISIS with these attacks.

Temple-Raston: It seems that people get credit for being an ISIS adherent just by having a brief flirtation online with the group. And I wonder if by calling something an ISIS attack so readily, which we seem to do, whether or not we’re giving ISIS more credit than it deserves.

Brennan: When you say “calling something an ISIS attack” that we’re prone to do, you’re talking about the media, right?

[Laughter, Brennan not exactly smiling, then later smiling]

Temple-Raston: No.

[More laughter]

Temple-Raston: I just wonder if you can’t say that it’s an opportunistic attack, as opposed to an ISIS attack.

But then Brennan goes on and notes that getting credit for such attacks is part of ISIS’s strategy.

Brennan: Sometimes I think ISIL doesn’t know themselves. I think most times they don’t. If somebody has been encouraged and incited by ISIL, they have no idea if that was the real motivation. Even if somebody is found with literature in their apartment that might reflect ISIL’s, you know, narrative, that doesn’t mean that they carried it out for that. It may mean that they, you know, woke up that day and wanted to commit suicide and wanted to take others down with them. But, it is part of ISIL’s strategy to have people that they can deploy, directly, that they can support directly, as well as to encourage and provide indirect direction and incitement to individuals. They will claim credit for a lot of things and they feel as though this is part of their brand.

Therein is the rub. If this is part of ISIS’ strategy, then having the media — and FBI (or, in other countries, other security organizations) — give them credit for it only serves to play to their strength.

Both Brennan and Temple-Raston remained silent about FBI’s role in this process, leaking details about affiliation with ISIS. But that — and the budget driving impulse that is a part of the motivation for it — is as much a part of the problem as the media’s rush to label things ISIS.

Democracy Has Always Been Post-Factual

In my earlier post on Brexit, I pointed to this comment, which has gotten a lot of attention. I agree with what the comment said about swapping elites (its first point) and the impact on the young (its second). But I don’t agree with the third:

Thirdly and perhaps most significantly, we now live in a post-factual democracy. When the facts met the myths they were as useless as bullets bouncing off the bodies of aliens in a HG Wells novel.

I’m not saying that the Brexit side told the truth about the downsides of exiting. Indeed, within hours of victory, Ukip leader Nigel Farage admitted a key claim made in Brexit propaganda, that the UK would save £350 million a week that could be put into social services like the National Health Service (which got cut significantly under Cameron) was a “mistake.”

I’m not even saying that this election, in the UK, was not exception in terms of the bald propaganda unleashed. I haven’t seen that measured, but everything I’ve heard reports that it was awful.

Still, what does it mean that we live in a post-factual democracy? I thought, at first, that the US is just ahead of its cousin, in that we’ve had WMD and birther lies for over a decade. But the UK had the very same WMD lies. Indeed, both countries have proudly lied about national security secrets for decades, centuries in England.

Plus, as I thought back in US history, I couldn’t get to a time when democracy didn’t depend on some key, big lies. Remarkably, they’re still some of the very same lies mobilized in the Brexit vote. You don’t get a United States, you don’t get a British Empire, without spewing a lot of lies about the inferiority of black (brown, beige, continental) men. You don’t get America, as it currently exists, without the myth of American exceptionalism, the unique national myth that has served to root an increasingly diverse former colony. You don’t get Britain without certain beliefs, traced back to Matthew Arnold and earlier, about the enobling force of British culture.

Those myths are precisely what have driven the democracy of both countries for a long time. They were a way of imposing discipline, privilege, and selective cohesion such that less privileged members of those included in the myth would buy in and tolerate the other inequities without undue violence.

They’re really the same myths deployed by some in Brexit: the immigrants, not the austerity policies, are taking your jobs and disrupting your English way of life.

Perhaps we’re moving closer to a fact-based democracy. Access to rebut sanctioned lies is more readily accessible, though the scaffold of spying makes it harder to release, except in bulk. We’re becoming more cosmopolitan, too. At least some voted Remain for that reason — the old nationalism has been dented in the decades of a failed European experiment.

But make no mistake, the myths have always been there. We’re still trying to break free.

The Latest 60 Minutes Propaganda: We Need a Crypto Back Door because ISIS Is “Coming Here” with WMD

It has been clear for several years now that 60 Minutes has become a propaganda vehicle for the intelligence community (postpost, post). So it was unsurprising that John Brennan was given an opportunity to fearmonger last night without pesky people like Ron Wyden around pointing out that CIA itself poses a threat, even according to the terms laid out by the Intelligence Community.

I find the timing and content of John Brennan’s appearance of note.

The first segment (indeed the first words!) of the appearance did two things: first conflate ISIS-inspired attacks with ISIS-directed ones to suggest the terrorist organization might strike in the US.

Scott Pelley: Is ISIS coming here?

John Brennan: I think ISIL does want to eventually find it’s, it’s mark here.

Scott Pelley: You’re expecting an attack in the United States?

John Brennan: I’m expecting them to try to put in place the operatives, the material or whatever else that they need to do or to incite people to carry out these attacks, clearly. So I believe that their attempts are inevitable. I don’t think their successes necessarily are.

Here’s how the global threat testimony from last week, which really serves as temporal justification for Brennan’s appearance, carried out a similar though more nuanced conflation of ISIS’ aspirations with the aspirational plots here in the US.

The United States will almost certainly remain at least a rhetorically important enemy for most violent extremists in part due to past and ongoing US military, political, and economic engagement overseas. Sunni violent extremists will probably continually plot against US interests overseas. A smaller number will attempt to overcome the logistical challenges associated with conducting attacks on the US homeland. The July 2015 attack against military facilities in Chattanooga and December 2015 attack in San Bernardino demonstrate the threat that homegrown violent extremists (HVEs) also pose to the homeland. In2014, the FBI arrested approximately one dozen US-based ISIL supporters, in 2015, that number increased to approximately five dozen arrests. These individuals were arrested for a variety of reasons, predominantly for attempting to provide material support to ISIL.

Both Brennan and the threat testimony slide carefully from ISIS overcoming the logistical problems to attack themselves with attacking here to the ISIS-inspired far smaller attacks.

After having suggested ISIS wants to attack the US, Pelley then led Brennan to overstate the degree to which the Paris attackers hid behind encryption.

Scott Pelley: What did you learn from Paris?

John Brennan: That there is a lot that ISIL probably has underway that we don’t have obviously full insight into. We knew the system was blinking red. We knew just in the days before that ISIL was trying to carry out something. But the individuals involved have been able to take advantage of the newly available means of communication that are–that are walled off, from law enforcement officials.

Scott Pelley: You’re talking about encrypted Internet communications.

John Brennan: Yeah, I’m talking about the very sophisticated use of these technologies and communication systems.

From all the reports thus far, ISIS achieved what little obscurity they had primarily through burner devices, not through encryption (not to mention the fact that French authorities got an encryption key from someone who had decided against carrying out an ISIS attack the summer before this attack). And while Jim Comey revealed that FBI had not yet cracked one of several phones used by the San Bernardino attackers (who were not directed by ISIS and may have only invoked it for their own obscurantist purposes), the threat testimony pointed to social media as as big a concern as encryption (most of what ISIS uses is fairly weak).

Terrorists will almost certainly continue to benefit in 2016 from a new generation of recruits proficient in information technology, social media, and online research. Some terrorists will look to use these technologies to increase the speed of their communications, the availability of their propaganda, and ability to collaborate with new partners. They will easily take advantage of widely available, free encryption technology, mobile-messaging applications, the dark web, and virtual environments to pursue their objectives.

Finally — still in the first segment!!! — Pelley invites Brennan to suggest that limited reports that ISIS has used chemical weapons in Syria mean they might use them here.

Scott Pelley: Does ISIS have chemical weapons?

John Brennan: We have a number of instances where ISIL has used chemical munitions on the battlefield.

Scott Pelley: Artillery shells.

John Brennan: Sure. Yeah.

Scott Pelley: ISIS has access to chemical artillery shells?

John Brennan: Uh-huh (affirm). There are reports that ISIS has access to chemical precursors and munitions that they can use.

The CIA believes that ISIS has the ability to manufacture small quantities of chlorine and mustard gas.

Scott Pelley: And the capability of exporting those chemicals to the West?

John Brennan: I think there’s always the potential for that. This is why it’s so important to cut off the various transportation routes and smuggling routes that they have used.

Compare Brennan’s suggestion that ISIS may be manufacturing CW with the threat testimony note that two people have been exposed to mustard gas, though with far more widespread allegations of such use.

We assess that non state actors in the region are also using chemicals as a means of warfare. The OPCW investigation into an alleged ISIL attack in Syria in August led it to conclude that at least two people were exposed to sulfur mustard. We continue to track numerous allegations ofISIL’s use of chemicals in attacks in Iraq and Syria, suggesting that attacks might be widespread.

Now, I’ll grant you that Brennan much more carefully dodges here than Dick Cheney ever used to. But it’s pure fear-mongering — especially in the wake of the Oregon standoff that makes it clear domestic extremists are not only every bit as motivated as ISIS wannabes, but better trained and equipped. And fear-mongering using Dick Cheney’s favorite techniques (albeit with the added kicker of crypto fear-mongering).

And it all happened as Brennan’s buddies the Saudis are pretending to (finally) join the fight against ISIS in what is a fairly transparent attempt to prevent Russian-backed Syrian forces from gaining a crucial advantage in Syria. That is, this fairly crass fear-monger is likely directed at Assad as much as it is ISIS.

NYT Should Explain How It Selects Which Articles Get Translated into Mandarin

Screen Shot 2015-11-27 at 10.26.59 AMThe front page of the NYT today features the story of Anastasia Lin, Chinese-born and Canadian-raised Miss Canada, who was denied entry to China for the Miss World contest.

Clasping hands with youngsters in red Communist Youth League scarves, contestants from more than 110 nations descended on the southern Chinese island of Hainan this week for the 65th annual Miss World contest.

But one contestant was absent from the opening ceremony: Miss Canada, otherwise known as Anastasia Lin, a 25-year-old actress and classically trained pianist who has been denied a Chinese visa to attend the monthlong pageant, apparently because of her outspoken advocacy for human rights and religious freedom in China.

After waiting in vain for weeks, Ms. Lin packed up her Canadian-designed eveningwear on Wednesday and quietly boarded a Hong Kong-bound flight with the hope she might obtain an on-demand visa at the border and perhaps slip unnoticed into mainland China.

It was not to be.

The Chinese authorities, tipped off to her arrival, barred her from flying onward to Hainan.

You can read the story in English or–on the web–in Mandarin.

You can also read this story, on opposition to a new cloning technology center opening in China, in Mandarin.

But Mr. Xu must contend with skeptical consumers in China, where food safety is a near obsession after scandals like melamine-tainted baby formula and recycled industrial “gutter oil.” Online reaction to the project has been overwhelmingly negative.

“Crazily evil!!!” commented the user No-Music-No-Life on Weibo.

You can’t read this story, on Xi Jinping’s efforts to revamp the military, in Mandarin (though as the article notes, it was available in and almost entirely derived from China’s official news service, Xinhua).

President Xi Jinping of China has announced a major reorganization of the nation’s military, state-backed news media reported on Thursday, laying out plans to create new command systems intended to integrate and rebalance land, air and sea forces into a more nimble People’s Liberation Army.

You also can’t read this story, on the sentencing of human rights activist Guo Feixiong, at which he was sentenced with an extra charge on top of those he was tried on.

Yang Maodong [Guo Feixiong], a hardened veteran of political protest in southern China, knew he had virtually no hope of winning his freedom on Friday when he was brought into a courtroom to face a judge’s verdict on charges that he had disturbed public order.

Chinese judges, after all, convict and imprison indicted dissidents with metronomic consistency, reflecting the ruling Communist Party’s control of the courts. Mr. Yang — a human rights campaigner better known by his pen name, Guo Feixiong — had already prepared a statement denouncing his imprisonment.

But the Tianhe District People’s Court in Guangzhou, the capital of Guangdong Province, erupted in denunciations from Mr. Yang and his lawyers when the presiding judge revealed that he had added a new charge against the defendant — one that his lawyers had been given no chance to defend him against.
The new charge, “picking quarrels and provoking trouble,” meant that Mr. Yang would spend an additional two years in prison, according to his lawyers. Mr. Yang, who stood trial almost exactly a year ago, was convicted Friday on that charge and the original one and was sentenced to a total of six years.

[snip]

Chinese law allows judges to add new charges to convictions at their own discretion. But the lawyers said that the power was rarely used, and they denounced the judge’s refusal to grant them time to prepare a considered response.

Asked by telephone Friday about the addition of the new charge, an official at the court in Guangzhou who deals with news media inquiries said, “I don’t know, and even if I did, I couldn’t tell you.” She would not give her name.

This is not the first time I’ve been struck by NYT’s selection of articles to translate into Mandarin; it did so as well with a curiously incomplete story about US expelling its Operation Fox Hound agents. I’ve noticed a few others in passing without recording what they are (but will now do so).

It really is time for NYT to explain the process by which it selects stories for translation into Mandarin. In general, it seems as if the stories that would have good propaganda value get translated — though that doesn’t explain why the Guo Feixiong story did not get translated.

But if it is basing these decisions off of propaganda value, it should also explain how it selects them. Does the State Department get a vote?

It is great for NYT to translate articles. But if it’s only doing so for those that serve US interests (and pointedly not doing so for articles that serve Chinese interests) it is really serving as a propaganda organ, not a news site.

Does the NYT Publish “All the News That’s Fit to Print” Anymore?

NYT’s ombud, Margaret Sullivan, dedicated her column today to whether the NYT should have done a story on The Intercept’s drone package a few weeks back. She concludes that given the NYT’s extensive coverage of this issue, it’s reasonable they gave the story just a mention, though suggests maybe they should give it more than that going forward.

I’m particularly interested in this subject because it says so much that is troubling about how our government functions – and yes, kills — in secret and often without adequate oversight. I’ve written about aspects of it a number of times.

Times journalists have done plenty of worthy coverage of the drone program themselves, with one national security reporter, Scott Shane, writing a significant big-picture story last April, covering some of the same ground that the Intercept is exploring now. He and Jo Becker also wrote a stunning story in 2012 detailing the existence of the president’s “kill list.” Mr. Shane is the author of a well-regarded recent book on the subject, “Objective Troy: A Terrorist, a President, and the Rise of the Drone.”

Since The Times has done so much on this subject, it is understandable that only a brief mention of The Intercept’s scoop has been made so far. Still, given the revelations in the released documents — as well as the mere existence of a major intelligence leaker who is not Edward Snowden — Times journalists might have served readers well to do more on “The Drone Papers.”  They also could consider doing so in the future.

I suspect there are two other things going on. Shane seems to still be on book leave, and to cover the Intercept stuff — which in significant part confirms his earlier reporting, most importantly that the government treats males killed in drone attacks as military aged males appropriate for targeting — might be a bit awkward. I think some of the documents — such as the ones showing that JSOC’s targeting was bad because it relied on CIA’s SIGINT, might advance questions about why we decided to build a CIA drone base in Saudi Arabia in 2011. That might be appropriate follow-up reporting from other reporters like Mark Mazzetti (I have long suspected the Saudis were fiddling with the intelligence to force our hand on a drone base, since they had been trying for years to get drones from us), but that would take further time. So, too, would be a report on what these documents say about the CIA versus DOD debate on drones.

Still, underlying the whole question is whether the NYT publishes all the news that’s fit to print anymore.

There was a time when a NYT reader could expect, by reading the NYT, to know everything the elite of this country deemed worth knowing. It promised comprehensiveness, at least for those subjects that the NYT judged important, for better and worse.

Now, I think the NYT (which still plays that agenda setting function, and will still get fed stories to place items in the news agenda) often limits itself to items it can claim a scoop on (though far too often, it borrows these scoops from outlets obscure enough they’ll get away with it). As a result, when another outlet advances the news that’s fit to print in a publicly recognized scoop, or when news comes without an exclusivity agreement, the NYT may not always report it, until such time as it can own it in the future.

I think we’ll probably be better off when the NYT no longer serves as the agenda-setter for the country, in part because there are a lot of stories (like the Iraq War then, and now like anything pertaining to Israel or Ukraine) where other outlets are far more reliable, in part because the NYT’s official perspective is often so jingoistic as to disinform its readers (as with the report that Russia might cut cables into the Middle East, which includes no acknowledgment that this is a tactic we make ample use of). But we’re in a weird place now where the NYT doesn’t claim to be comprehensive, but readers still assume it is. Which means that until something shows up in the NYT it won’t be considered common knowledge, but the NYT will sometimes delay such reports until they can “own” it in some way. That, in turn, delays the time when something can be considered “official” and therefore worthy of debate.

I do expect the NYT to do more coverage on drones that reflects these documents, because both Shane and Mazzetti have already done so much.

But I’m at least as interested by this unacknowledged question about whether the NYT aspires to “print” all the news that’s fit to print anymore.

The Roger Goodell Fraud and Stupidity in Seattle’s End Zones

Screen Shot 2015-10-05 at 10.57.28 PMMost all who read this blog already know the patent bogosity that is #Deflategate. But, Roger Goodell, on behalf of the entire National Football League, relentlessly and petulantly screams that not only is the ginned up horse manure worthy of occupying the NFL’s time, he and the NFL have seen fit to copiously waste the time of two different levels of the federal court system.

Even worse, they have either sought, or by their unyielding craven attitude, caused stipulations to be entered that the federal court system accelerate their cases while far more important criminal and civil cases wait. It is the epitome of arrogance and corporate hubris and personal narcissism.

Roger Goodell has consistently lectured all the rest of us, who do not make $44 million a year for being an incompetent jerk, that the whole ginned up, factually unsupported, steer manure that is #Deflategate is all “to protect the integrity of the league”.

What a load of horse manure. Has Roger Goodell seen what happened in the end zone at the end to the game in Seattle last night?? If the “integrity of the league” is not at issue with this type of blatant misapplication of the clear rules, and … what confirmation (or not!) by the NFL’s vaunted replay system (which is curiously not applied in many situations when it is dispositive), then what is?

Well, okay, THAT was really stupid and in complete contradiction of the crystal clear NFL rules. But hey, it is not like the referees could have looked at tape and done the honest thing to not hand the game on a platter to the Seahawks and skew the league for the entire year. Well, of course, they actually COULD HAVE done the right thing, but just did not. But beyond screwing the pooch, then the NFL’s stenographers at ESPN put up some former NFL referee expert™ to explain and cover for the patently obvious wrongful cow dung. Because that is what toadies do I guess.

Not exactly the first time, however, the NFL has willingly sanctioned and ratified stupidity in a Seattle Seahawks end zone that ended up screwing, and altering, the lives and seasons of teams and players across the league. No, of course, there was this intellectually insulting crap that occurred because Roger Goodell was too cheap to pay the referees and umpires in his league a few extra bucks (maybe if NFL paid more, they could get better, and full time, officials). Watch Goodell’s inglorious work in the 2012 game between Seattle and Green Bay:

So, the “integrity of the game” didn’t matter when Roger Goodell was trying to bust the game officials’ union for a cheap last couple of dollars. The “integrity of the game” apparently doesn’t matter to the NFL, or their apologists, over the sham that clearly occurred in Seattle last night. And Goodell and the NFL’s precious “integrity of the game” seems, to them, to be worth more than all other civil litigants in SDNY and the 2nd Circuit, even if there are serious civil rights and criminal cases that get shoved aside for their arrogance.

But Roger Goodell struts out like the $44 million a year arrogant peacock that he is and claims obsessively that a ginned up sting job the league ran on Tom Brady and the Patriots, that has absolutely no credible evidence to support it, was “necessary” for the “integrity of the game”.

The millions of dollars for an inherently biased, not to mention intellectually and legally incoherent, Ted Wells report, the waste of time, and acceleration before all other pending cases and controversies, including criminal cases with lives in the balance, of a federal judge in the Southern District of New York (SDNY)…that was in Roger Goodell’s “Integrity of the game”. They now waste time in the 2nd Circuit Court of Appeals, and on an accelerated basis – all on affirmative initial filings by Goodell and the NFL – that, too, is in the precious “integrity of the game” for Roger Goodell.

The only thing that does not seem to be within the “integrity of the game” for Roger Goodell and the NFL is actual integrity and sense of place for the game. What a clownshow Roger Goodell is, and is running for the vaunted NFL shield.

The Deflategate Decision: Brady Has Been Freed!

Screen Shot 2015-09-03 at 11.32.25 AMemptywheel sez: We interrupt this in depth legal discussion to point out that the WOLVEREENIES ARE BACK!!

 

Better still, they’ve got unbeatable juju going into tonight’s game against Utah. That’s because (unreported among all the other less important Deflategate legalisms) the Wolvereenies have ALREADY worked together to score today.

 

That’s right.

You see, Jay Feely and Tommy Brady combined to score a point in Judge Berman’s decision today. On Monday, former UM kicker Jay Feely ’99 testified on behalf of former UM QB Tom Brady ’00 (just like me!!!). Feely explained about how when the Jets got busted for fucking with their balls in 2009 — in a game against Division rivals the Pats, against Tom Brady — he, the kicker who allegedly benefitted from the improperly doctored balls, faced no punishment.

If you’re not going to punish Jay Feely, Judge Berman suggested, you can’t punish Tommy Brady. At least, you can’t expect Tommy to think he’ll get punished, because his college buddy didn’t in the equivalent situation.

Anyway this is surely a great omen for the Wolverines and their new savior Jim Harbaugh.

So go Blue!


Deflated BallWell, at long last love, the #Deflategate decision from Judge Richard Berman in SDNY is in, and the big winner is Tom Brady.

The 40 page full decision is here

One key line in the decision on the general right of the court to set aside an arbitration is:

“The deference due an arbitrator does not extend so far as to require a district court to countenance, much less confirm, an award obtained without the requisites of fairness or due process” (citing Kaplan v. Alfred Dunhill of London, Inc.)

Boom.

I previously did a very partial background on the case, and how it germinated from blatantly false information (still uncorrected and/or withdrawn) from Chris Mortenson and ESPN. The bottom line is the NFL’s position was that the Commissioner, Goodell, simply has the power to do whatever he wants under Article 46 of the NFL/NFLPA collective Bargaining Agreement (CBA).

The Players Association, on behalf of Tom Brady, makes four core arguments in seeking to vacate Goodell’s arbitration decision:

1) There was not actual notice to Brady of prohibited conduct and that he could be suspended for it (See here for a further description)

2) That there were not adequate and reliable standards for testing game balls, and therefore punishment based on the same is unreasonable

3) That Goodell was a blatantly partial arbitrator, and

4) That the arbitration process lacked fundamental fairness in that key witness testimony and evidence was unreasonably denied to Brady and the NFLPA (See here for a further explanation).

Frankly, Brady is arguably entitled to a decision in his favor on all four. What Berman did is, primarily, rely on the first ground, notice with a backup of ground four, lack of fairness from denial of the Pash testimony and investigative notes.

CN_SebJWIAUg8iYThe critical language from the decision is:

The Award is premised upon several significant legal deficiencies, including (A) inadequate notice to Brady of both his potential discipline (four- game suspension) and his alleged misconduct; (B) denial of the opportunity for Brady to examine one of two lead investigators, namely NFL Executive Vice President and General Counsel Jeff Pash; and (C) denial of equal access to investigative files, including witness interview notes.

So, there you have it, please feel free to unpack this further in comments. This is a momentous decision, not just for Brady and the NFL, but, as I explained in my earlier post, for collectively bargained labor in general. There is a lot of importance here to much more than Tom Brady. Though Brady is certainly the big winner today.

Brady is free! For now anyway, it is nearly a certainty that the NFL will appeal to the 2nd Circuit and we will go through this all again.

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