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Those Complicit in Trump’s False Story about the Election Are Willingly Damaging This Country

Trump is telling a story — a false story — about his loss. The story, by itself, is not enough to overturn his resounding loss, and because of that, a host of people are treating the story-telling as relatively harmless. That’s a mistake, not least because Trump may intend this story-telling to justify other activities, such as a crack-down on people who protest his actions. He may even intend to make this country ungovernable — and in that, he may well succeed. Because of that, every single person who is complicit in telling that story bears direct responsibility for what comes next, including violence and potentially an attempt to thwart the will of voters.

I’d like to look at two kinds of story-telling that are complicit with Trump’s efforts, using this WSJ story, by Rebecca Balhous and Rebecca Davis O’Brien, as an example (though there are a slew of other possible examples).

First, there are Trump’s advisors, many of whom are described as recognizing that Trump’s claims of voter fraud won’t reverse his overwhelming loss.

Trump advisers have grown more vocal in conversations with Mr. Trump in recent days that they don’t see a path to victory, even if his legal efforts meet some success, a White House official said, though some advisers have continued to tell the president he still has a shot. An official said Mr. Trump understands that the fight isn’t winnable but characterized his feelings as: “Let me have the fight.”

One potential strategy discussed by Mr. Trump’s legal team would be attempting to get court orders to delay vote certification in critical states, potentially positioning Republican-controlled state legislatures to appoint pro-Trump electors who would swing the Electoral College in his favor, according to people familiar with the discussions.

It isn’t known how seriously the campaign has considered this idea, one of the people said.

Many of the advisers and lawyers said they doubt the effort would succeed and say it is aimed largely at appeasing Mr. Trump, who believes the election was stolen from him and expects his legal team to keep fighting.

Some of Mr. Trump’s advisers and lawyers said there isn’t an overarching legal theory or coordination behind the campaign’s efforts. The legal battle likely will conclude with Mr. Trump claiming the election was rigged against him and that he fought the outcome, the White House official said.

These people are willing to tell a story — one claiming that Trump’s legal challenges are meant to be serious legal challenges and not theater designed solely for story-telling — just to “appease” Trump. These people are all admitting that they are willing to damage the country just to allow a narcissist to claim he didn’t lose because a majority of the country, even a majority of people in states that make up an Electoral College victory, rejected him, but instead to claim he lost because over half the country did something illegitimate. These people are participating in Trump’s efforts to rebrand the act of casting a vote against Donald Trump as cheating.

No one making those admissions should be given anonymity, because they are willingly doing damage to the country.

Worse still, these anonymous sources are described as not really knowing how far Trump intends to go with the story. If they don’t know how Trump intends to use this effort, then they cannot rule out the possibility that they are telling a story that Trump intends to lay the groundwork for some kind of violent or extralegal effort to refuse to hand over power. Presumably, given that these people recognize how elections work, none of these people would willingly participate in a coup. Except they may be doing just that, by helping Trump tell a story that delegitimizes Joe Biden’s resounding win.

If this fight is not winnable, as these sources acknowledge, then participating in it can only serve to harm the country.

But it’s not just these anonymous sources who are complicit in the damage Trump is doing to this country.

This story treats the outcome of the election as a both-sides issue, one that pits Democrats against Republicans. For example, it notes that “officials in each state” have said there were no problems with the election. But then it only quotes Democrats, and labels each one as a Democrat.

Officials in each state have defended their voting processes as fair and free of major problems. Democrats said they would fight any effort to stop certification of the vote.

[snip]

Michigan Attorney General Dana Nessel, a Democrat, said the Michigan lawsuits were aimed at preventing the state from certifying results in hopes that the Republican Legislature would send Congress electors for Mr. Trump. “We are prepared to combat that,” she said on a conference call Wednesday.

[snip]

A spokeswoman for the office of Pennsylvania Attorney General Josh Shapiro, a Democrat, said Gov. Tom Wolf, a Democrat, certifies the electors selected by the popular vote.

A spokeswoman for Arizona Secretary of State Katie Hobbs, a Democrat, said the office is confident it will certify election results on time. “Arizona’s courts have plenty of experience handling and expeditiously resolving election-related lawsuits within the very strict statutory deadlines,” said spokeswoman Sophia Solis. [my emphasis]

It is, frankly malpractice to treat these claims as a partisan issue, and even bigger negligence to not quote any of the numerous Republicans who have also said the votes conducted in their states were fair, such as Georgia’s Geoff Duncan, or other Republican experts saying the same, such as Ben Ginsberg or Karl Rove.

Truth is not a partisan issue, but Balhous and O’Brien are treating it as such.

This story also treats claims that have been debunked or that are meaningless as credible.

In Michigan, it has offered affidavits from Republican election challengers who say they were harassed, forcibly excluded from absentee ballot-counting facilities and witnessed tampering with scores of ballots.

[snip]

In Pennsylvania, the campaign’s lawsuit contends the state didn’t give observers enough access to ballot counters and gave voters in Democratic leaning counties more opportunities to correct deficiencies in their mail-in ballots.

It would take about ten minutes of reporting to explain how these claims misrepresent the legal guidelines surrounding official poll challengers or exploit Democrats’ far wider use of mail-in voting this year to suggest disparate treatment. There are multiple court transcripts now where Republican lawyers have admitted this.

And yet, instead of doing that reporting, these journalists treat these bogus claims as if there is some dispute about them. There is not. The facts show these claims are without merit, and including the claims without clearly noting that is irresponsible.

Finally, having spent thirty paragraphs treating these election claims as if they are serious, in spite of the overwhelming evidence they are not, the WSJ admits that they are instead intended to accomplish other objectives.

Republican leadership in Congress has supported Mr. Trump’s legal battle. Some advisers see the efforts as a way to keep the Trump base energized ahead of the runoff elections in Georgia in January that will determine control of the Senate.

The suits also offer Republicans a greater platform to draw attention to any potential voting irregularities. And they provide an opportunity for political payback by Mr. Trump, who has long complained that the special counsel investigation into his campaign’s ties to Russia in the 2016 election was a way for his opponents to delegitimize his victory that year.

Responsible reporting would start with this admission. It would make the lead of the story that Republicans are lying about the viability of their challenge but are willing to do so, with all the damage that will do, to score payback because Trump was investigated for crimes he committed. But instead the WSJ buries it in the last lines, hiding their own complicity and that of Republicans they inexcusably grant anonymity where few will ever read it.

The story that Donald Trump is telling is doing tangible harm to our country. If you are complicit in telling that story — whether you are an anonymous enabler or a both-sides reporter — you also are doing tangible harm to this country.

Or Maybe the FBI Really Did Have a Reason to Stay Off the Russian Attribution?

The Comey whiplash continues.

In the latest development, a single source — a “former FBI official,” offered with no description of how he or she would know — told CNBC that weeks ago Jim Comey refused to join onto the Intelligence Community’s attribution of the DNC hacks to Russia because it was too close to the election.

FBI Director James Comey argued privately that it was too close to Election Day for the United States government to name Russia as meddling in the U.S. election and ultimately ensured that the FBI’s name was not on the document that the U.S. government put out, a former FBI official tells CNBC.

The official said some government insiders are perplexed as to why Comey would have election timing concerns with the Russian disclosure but not with the Huma Abedin email discovery disclosure he made Friday.

In the end, the Department of Homeland Security and The Office of the Director of National Intelligence issued the statement on Oct. 7, saying “The U.S. intelligence community is confident that the Russian Government directed the recent compromises of emails from US persons and institutions, including from US political organizations…These thefts and disclosures are intended to interfere with the US election process.”

[snip]

According to the former official, Comey agreed with the conclusion the intelligence community came to: “A foreign power was trying to undermine the election. He believed it to be true, but was against putting it out before the election.” Comey’s position, this official said, was “if it is said, it shouldn’t come from the FBI, which as you’ll recall it did not.”

In spite of what Hillary said at the most recent debate, the statement was billed as a “Joint Statement,” though it did claim to represent the view of the intelligence community.

Until someone else confirms this story — preferably with more than one source, one clearly placed in a position to know — I advise caution on this.

That’s true, first of all, because a bunch of people who likely harbor grudges against Jim Comey are coming out of the woodwork to condemn Comey’s Friday statement. Given the reasons they might resent Comey, I really doubt Alberto Gonzales or Karl Rove were primarily motivated to criticize him out of a concern for the integrity of our election process.

The same could be true here.

The other reason I’d wait is because of reporting going back to this summer on the case against Russia. As I’ve noted, reporters repeatedly reported that while there seemed little doubt that Russia had hacked the Democrats, the FBI had not yet proven some steps in the chain of possession. For example, at the end of July, FBI was still uncertain who or how the emails from DNC were passed onto WikiLeaks.

The FBI is still investigating the DNC hack. The bureau is trying to determine whether the emails obtained by the Russians are the same ones that appeared on the website of the anti-secrecy group WikiLeaks on Friday, setting off a firestorm that roiled the party in the lead-up to the convention.

The FBI is also examining whether APT 28 or an affiliated group passed those emails to WikiLeaks, law enforcement sources said.

As I noted, the IC attribution statement actually remained non-committal on precisely this step of the process, finding that the leaks of emails were consistent with stuff Russia’s GRU has done in the past, but stopping short of saying (as they had on the hack itself) that it is confident that Russia leaked the files.

Which is to say the same thing the FBI had questions about in July is something that remained non-committal in the October statement, which might be one of a number of reasons (including that FBI wants to retain the ability to prosecute whoever they charge with this, including if it is a currently unknown middleman) that the FBI might not want to be on the attribution. FBI was unwilling to fully commit to the accusation in July, and apparently unwilling to do so in October.

Note that CNBC’s anonymous source, even when confirming that Comey backed the statement, didn’t confirm he backed the whole content of it. The person contrasts the most aggressive quote from the IC statement:

… the U.S. intelligence community is confident that the Russian Government directed the recent compromises …

With this, allegedly from Comey:

A foreign power was trying to undermine the election

Those statements are not the same thing, and it may be that FBI continued to have perhaps not doubts, but unproven holes in the case, that led to caution on the Russia statement.

In any case, it’s not that I believe the anonymous CNBC statement to be impossible. But there is another perfectly consistent explanation for Comey hesitating to name FBI on that IC attribution.

Update: Ellen Nakashima has a version of this story (sourced to more than one person) now. Here’s an excerpt, but definitely read the whole thing for the logic (or lack thereof) FBI used.

In the debate over publicly naming Russia, the FBI has investigative interests to protect, officials said. At the same time, other officials said, the aim of public attribution was to stop Russia from undermining confidence in the integrity of the election.

[snip]

But the White House, Justice Department, State Department and other agencies debated for months whether to officially blame Moscow or not.

Comey’s instincts were to go with the public attribution even as late as August, said one participant in the debate. But as the weeks went by and the election drew nearer, “he thought it was too close,” the official said.

When, by early October, the decision was made, the talk shifted to who would make the announcement. In December 2014, it was the FBI that publicly pointed the finger at North Korea for hacking Sony Pictures Entertainment and damaging its computers. That was because the attribution to Pyongyang was based on the FBI investigation, said a senior administration official.

[snip]

The announcement did not mention the White House, which also had been very concerned about appearing to influence the election.

Chris Christie and Karl Rove’s US Attorney Project

The Republicans were supposed to talk about how they plan to Make America Work Again last night. And I supposed Paul Ryan — and to a lesser extent Mitch McConnell, when he wasn’t being booed — presented a vision of how they think Republicans run the economy. That vision doesn’t actually resemble the protectionist big government approach Donald Trump has been running on. But given the revelation that Trump offered to let John Kasich run both domestic and foreign policy if he would be his VP candidate (Kasich was still reluctant), perhaps we should focus more on how Mike Pence wants to suffocate the economy.

Instead, as most people have focused, Republicans continued to attack Hillary (Hillary continues to attack Trump, though I suspect she will focus somewhat more on policy next week than Republicans have thus far). Many people have unpacked Chris Christie’s rabble inciting witch hunt last night, but Dan Drezner backs his review of it with some data on the risks to democracy (click through to read all of, which is worth reading).

Gov. Chris Christie’s speech garnered particular attention. It triggered similar reactions from The Weekly Standard and Vox, two outlets not known to agree on all that much.

The climax of Christie’s speech was a call-and-response with the crowd listing Clinton’s various misdeeds.

[snip]

Indeed, political events in both Turkey and the United States makes one somewhat concerned about the future of democracy as a political institution. Francis Fukuyama has banged on in recent years on the problems of political decay in the advanced industrialized democracies. He’s a bit more sanguine about this election cycle than most, but the erosion of accepted norms of political behavior is an extremely disturbing trend. Donald Trump (and his campaign manager) certainlyepitomizes this contempt for such minor things as the Constitution and the rule of law:

As the cherry on the top of this worry sundae, the Journal of Democracy has just published an article by Roberto Stefan Foa and Yascha Mounk entitled, “The Danger of Deconsolidation: The Democratic Disconnect.” Foa and Mounck have previewed their findings here and here over the past year, and their thesis is pretty damn sobering: 

[snip]

What we find is deeply concerning. Citizens in a number of supposedly consolidated democracies in North America and Western Europe have not only grown more critical of their political leaders. Rather, they have also become more cynical about the value of democracy as a political system, less hopeful that anything they do might influence public policy, and more willing to express support for authoritarian alternatives. The crisis of democratic legitimacy extends across a much wider set of indicators than previously appreciated….

In theory, it is possible that, even in the seemingly consolidated democracies of North America and Western Europe, democracy may one day cease to be the “only game in town”: Citizens who once accepted democracy as the only legitimate form of government could become more open to authoritarian alternatives.

[snip]

By all means, read the whole thing. As an American, I find it particularly troubling that Ronald Inglehart’s rebuttal essay says that Foa and Mounck are exaggerating because this phenomenon is limited to the United States.

Foa and Mounck’s data ends in 2010. One could argue that things have only gotten worse since then, as Christie’s show trial speech suggests. But if I have a sliver of optimism, it is that the Trump campaign is America’s moment of staring into the anti-system abyss and seeing the ugliness that would await.

I will be curious if, after this election cycle, there is a greater appreciation for the democratic institutions that have made America great for more than a century.

I’m sympathetic to the notion that democracy is becoming delegitimized here and elsewhere, and in part blame the elites who have divorced policy outcomes from democratic accountability and therefore from benefits for average voters.

But the Chris Christie witch hunt is a special case. After all, this is a former US Attorney, a former top embodiment of America’s criminal justice system (and Christie’s attack was far more irrational than that of another US Attorney, Rudy Giuliani, earlier in the night).

And he’s not just any US Attorney. He’s a US Attorney who got that role largely off his fundraising for George W Bush, even in spite of concerns about his experience. Christie was, in some ways, one of the early test cases for Karl Rove’s theory that US Attorney positions would make great launching pads for further political advancement — and it worked, to some degree. After prosecuting a bunch of Democrats in an equal opportunity political corruption state, Christie won the governorship and started abusing his power, most spectacularly with Bridgegate. He came close to winning the VP nomination with Trump (and if last night is any indication, perhaps he should have). Along the way he pioneered Deferred Prosecution Agreements, making monitor positions another piece of pork for loyal Republicans.

In other words, Christie is the personification of a Republican effort to politicize a position that — while political — had previously been treated with some respect for precedent and neutrality.

No longer. Last night, Christie broke down all remaining barriers between law enforcement and political prosecution. It was the inevitable outcome of Rove’s little project.

Like Drezner, I’m worried generally about the state of our democracy (though unlike him I think the elite have a lot to answer for letting it happen). But the Christie witch hunt is a development above and beyond that general trend.

John Brennan Channels Scott McClellan Dodging Leak Questions

When Margaret Warner asked John Brennan about the leak witch hunt today, he said, in part,

First of all, there are investigations underway, so we have to be mindful of that and respectful of that investigative process.

Secondly, the President has made it very clear that any leak of classified national security information is something that should be rigorously pursued.

Let’s see. Dodging the question by invoking an ongoing investigation.

Check.

Reassurance that–quote–“the President has made it very clear” that he takes this stuff seriously.

Check.

Brennan must not have seen this movie when it was first released. Because this strategy ultimately didn’t work out that well.

Lamar Smith’s Futile Leak Investigation

Lamar Smtih has come up with a list of 7 national security personnel he wants to question in his own leak investigation. (h/t Kevin Gosztola)

House Judiciary Committee Chairman Lamar Smith, R-Texas, told President Obama Thursday he’d like to interview seven current and former administration officials who may know something about a spate of national security leaks.

[snip]

The administration officials include National Security Advisor Thomas Donilon, Director of National Intelligence James Clapper, former White House Chief of Staff Bill Daley, Assistant to the President for Homeland Security and Counterterrorism John Brennan, Deputy National Security Advisor Denis McDonough, Director for Counterterrorism Audrey Tomason and National Security Advisor to the Vice President Antony Blinken.

Of course the effort is sure to be futile–if Smith’s goal is to figure out who leaked to the media (though it’ll serve its purpose of creating a political shitstorm just fine)–for two reasons.

First, only Clapper serves in a role that Congress has an unquestioned authority to subpoena (and even there, I can see the Intelligence Committees getting snippy about their turf–it’s their job to provide impotent oversight over intelligence, not the Judiciary Committees).

As for members of the National Security Council (Tom Donilon, John Brennan, Denis McDonough, Audrey Tomason, and Antony Blinken) and figures, like Bill Daley, who aren’t congressionally approved? That’s a bit dicier. (Which is part of the reason it’s so dangerous to have our drone targeting done in NSC where it eludes easy congressional oversight.)

A pity Republicans made such a stink over the HJC subpoenaing Karl Rove and David Addington and backed Bush’s efforts to prevent Condi Rice from testifying, huh?

The other problem is that Smith’s list, by design, won’t reveal who leaked the stories he’s investigating. He says he wants to investigate 7 leaks.

Smith said the committee intends to focus on seven national security leaks to the media. They include information about the Iran-targeted Stuxnet and Flame virus attacks, the administration’s targeted killings of terrorism suspects and the raid which killed Usama bin Laden.

Smith wants to know how details about the operations of SEAL Team Six, which executed the bin Laden raid in Pakistan, wound up in the hands of film producers making a film for the president’s re-election. Also on the docket is the identity of the doctor who performed DNA tests which helped lead the U.S. to bin Laden’s hideout.

But his list doesn’t include everyone who is a likely or even certain leaker.

Take StuxNet and Flame. Not only has Smith forgotten about the programmers (alleged to be Israeli) who let StuxNet into the wild in the first place–once that happened, everything else was confirmation of things David Sanger and security researchers were able to come up with on their own–but he doesn’t ask to speak to the Israeli spooks demanding more credit for the virus.

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Overview of the Pat Fitz Resignation Press Conference

Patrick Fitzgerald just finished his resignation press conference (the blockquotes are my notes).

In his own statements, he focused on comments to the people he works for, and those he works with. That was largely a tribute to the 300 people who work in the office, making it clear that the work he often gets thanked for publicly is done by those 300 people. He emphasized that those people would still be here working, doing good work.

I say that not just to make myself to feel less bad. Want citizens to appreciate what a treasure the people I work with are. The other part is that come June 30, that 300 plus team that is really hard working rolls on, and will keep rolling on. Fight against corruption, what we really need is public to keep coming forward.

Both in his opening statements and in later questions, Fitz seemed to want to encourage people to come forward to report corruption. He also talked about the problem of policing so aggressively that people being to fear the authorities.

We’d prefer to learn about corruption from people coming forward, not from a bug.

[snip]

When you start to see people being afraid of us, when citizens fear being shaken down, that’s a bad thing.

Jumping ahead, an emphasis on the continuity of the office is largely how he answered my question about MF Global. I asked whether DOJ had yet decided whether this office or SDNY would have the lead in that case. He refused to comment, but said anyone working in this office would continue to do good work. (Note, he said “this office,” not DOJ generally.) (I asked Randall Samborn later whether the decision on who had the lead in the MF Global case had been made and he would not say either.)

Fitz largely explained his departure in terms of a natural time to leave.

Not an easy decision. Am I rushing out in 11th year of my term. People have terms for a reason. Won’t be here until I’m 65. Comes a time when me and my family have to figure out what we do next. For the office it’s important that there be change.

I think it’s healthy after a certain point that there be change at the top. Always a matter of when, not if, I think you sort of know when it’s time.

As for what next, I don’t know, and that’s sincere. I’m going to run as fast as I can for 30 days that I have left.

When asked about whether he felt bad about the people he had jailed, he described the empty feeling he got after his first jury verdict on Valentines Day in 1989. As part of that, he emphasized that imprisonment is always a waste, not just in the case of white collar cases.

Feb 14 1989, first jury verdict day. Defendant convicted of drug offense. Taken into custody that day.

We think about prison in white collar cases, but we often don’t think about it on the violent side.

He also, in response to a question about being “overzealous” suggested it’s an injustice to bust the low guy on the totem pole without going after the top of the pyramid.

Someone asked whether there were any cases Fitz regretted not having charged. I called out, “Karl Rove.” He answered the question generally, without acknowledging my question. Harumph.

Fitz was asked whether he thought he could be a Defense Attorney.

I respect what defense attorneys do, but I don’t know what I’ll do next. There are some things I’m not comfortable with.

In response to a question whether he’d be interested in public service–possibly the FBI Director job–he said he had not been approached about the FBI job, but that if he was offered a public service job, he would certainly consider it, though he would balance the needs of his family.

Public service is in my blood. If a phone rings down the future and ID says public service, I answer the phone. I would consider if I can make an impact?

Finally, I asked if he had any reflection on our counterterrorism efforts so many years after he first indicted al Qaeda (note, I fucked up my question and said it had been 14 years; it has been 24 since the 1998 indictments). He said that they’ve made great progress against core al Qaeda. While affiliates remain a threat, core al Qaeda has largely been wrapped up.

We’ve made incredible progress. Core Al Qaeda has largely been rolled up. Remarkable progress in core al Qaeda.

He also emphasized the continuing, under-appreciated effort of FBI agents still chasing down leads.

Still dangerous threat out there we shouldn’t under-estimate. Remarkable job. People don’t appreciate people overseas,squads of FBI agents.

I did much better at this whole press scrum thing than I usually do, but as proof I’m not an expert yet, I failed to follow-up on what he thought about efforts to force terrorism trials into Military Commissions.

Finally, the funniest detail from the press conference. Apparently, when he called Dick Durbin to tell him he was resigning yesterday, the phone wasn’t working. He claims he may have missed most of the conversation.

When I spoke to Durbin yesterday phone was malfunctioning ,I missed a lot of call, may have had conversation in which I have no idea what he said.

There’s more in my Twitter stream. Plus, a plethora of questions about whether or not, as a Mets fan, he really could be baseball commissioner.

Glad I made it to the presser to at least ask a few serious questions. And make sure Karl Rove got mentioned as the single biggest person (Jon Corzine potentially aside) whom he didn’t prosecute.

Why Didn’t We Ask China to Find Scooter Libby’s Missing Plame Leak E-Mails?

WSJ has an article reporting on the purportedly Chinese-launched GMail hacks that targeted top White House officials.

The article is interesting not because it claims the Chinese want to hack top officials. Who do you think they’d be most interested in hacking?

Rather, the article is interesting for some of the implications bandied about in the article. For example, Darrell Issa and CREW’s Melanie Sloan suggest the only reason the Chinese would hack the GMail accounts of White House officials is if those people were improperly conducting official business on GMail.

“If all White House officials were following rules prohibiting the use of personal email for official business, there would simply be no sensitive information to find,” said Rep. Darrell Issa, Republican chairman of the House Oversight and Government Reform Committee, and a frequent thorn in the Obama administration’s side. “Unfortunately, we know that not everyone at the White House follows those rules and that creates an unnecessary risk.”

Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington, a watchdog group, said the hacking “suggests China believes government officials are using their personal accounts for official business, because I doubt they were looking for their weekend plans or a babysitter’s schedule. Presumably, the Chinese wouldn’t have done this if they weren’t getting something.”

More plausible is the suggestion that the Chinese were phishing for information they could then use to compromise other accounts.

Stewart Baker, a former homeland security official in the Bush administration, said he suspects the ultimate goal of the hacking may have been to use the email accounts as a stepping stone to penetrate the officials’ home computers.

“If you can compromise that machine, you may well be able to access the communications they are having with the office,” said Mr. Baker.

I’m most interested in all the assumptions here, that a bunch of Chinese hackers know precisely how the White House email system works. If that’s true, why haven’t we asked the Chinese to turn over the emails OVP deleted from the first days of the Plame leak investigation? And why haven’t we asked the Chinese to turn over all those emails hidden on the RNC’s server? Maybe they can also help us find all of John Yoo’s torture emails?

Given how common it is, these days, for top officials to just delete their most inconvenient emails, I’m thinking American citizens ought to invite Chinese hackers to help us reclaim all the official records our overlords try to destroy.

Karl Rove, Bankster Bailer

I’m not surprised that Karl Rove has weighed in on the foreclosure fraud scandal with an erroneous op-ed in the WSJ. I’m just a bit baffled why he did so now.

The overall gist of the op-ed is that a $20 billion settlement of the robosigning scandal would represent “a money grab in search of a crime.”

It is fundamentally unfair, even devious, to fleece banks out of billions, ignore victims of “robo-signing” who were wrongly evicted, and then hand out cash to cronies. The $20 billion bank stick-up is a transparent attempt to pay some voters a thinly disguised election year bribe, while pretending the money didn’t come from millions of middle-class families with a checking account, loan or credit card at an affected bank.

Of course the entire argument ignores the meaning of the word “settlement,” which suggests an agreement between multiple parties, including the banks who presumably would reject such a settlement if they didn’t believe it would provide them some kind of benefit (such as preventing them from going bankrupt due to all the shitty loans they securitized).

And while I can see why Rove wants to pitch this story as a contest between deadbeat homeowners (most of whom, of course, are middle class) versus the middle class, I’m not sure how families doing consumer business with banks would pick up the tab here. Is Rove suggesting banks would rewrite existing loan terms to make up for the settlement costs? Violate the consumer card bill of rights to screw card holders to make up the costs? Steal checking account funds to pay what is a paltry fine?

And what about all the investors, for whom principle modifications would be better than the foreclosures they’re getting on shitty loans right now? Doesn’t Karl Rove care about the helpless investors?

This seems to be a favor Rove is doing for the Office of Currency Control and the big banks to try to push back at CFPB and some attorneys general. Indeed, there’s this bizarre claim which I suspect lays groundwork for a future CFPB attack.

The federal government could spend its share of the loot on a long list of programs, including, as one government official familiar with the proposed settlement said, a “borrower’s transitional and educational fund.” Just what does paying someone’s junior college tuition or funding a sabbatical from work—simply because his mortgage is underwater—have to do with repairing the damage of “robo-signing?” Nothing.

How better to discredit teaching consumers how the banks are screwing them than to suggest the consumers would be getting a vacation from work?

But again, why now? Shouldn’t Rove and the banks be a lot more worried about AG Eric Schneiderman’s investigation of securitization? Shouldn’t they be more worried about individual register of deeds demonstrating that most titles in this country are now corrupted? Shouldn’t they worry about suits around the country that may reveal what we all know–that the banks would be lucky to get off with a $20 billion settlement?

So I’m not surprised that Karl Rove is weighing in with one of his patented false screeds. But he seems to have missed the larger picture on this one.

Rove and the (Escape) Hatch Act

When Michael Mukasey announced in 2008 no one would be charged for politicizing DOJ, I had this to say.

Understand: Mukasey has turned into a terrible shill for the Administration. But it has been clear for over a year that the Administration would escape criminal charges for having committed massive violations of the Hatch Act. But that has more to do with the Hatch Act than with Michael Mukasey. Even a Democratic AG would have a hard time charging this stuff, given the stated penalties for civil Hatch Act violations.

The Hatch Act gives citizens no real recourse for the politicization of our government. And the loyal Bushies know this. After all, by all appearances, they’re still committing Hatch Act violations.

And when Karl Rove resigned in 2007, I noted that it would make the ongoing Office of Special Counsel investigation into Hatch Act violations meaningless. And for good measure, here’s where I predicted that investigation would last into the next decade.

Welcome to the next decade, when we finally get the report telling us what we knew back in 2007 when this investigation started, that Rove politicized the government.

Note that footnote 3 of the report says what these reports almost always say (the one exception was Lurita Doan), that since everyone who violated the Hatch Act has moved on now, they cannot be punished for doing so.

Because all of the officials who were involved in Hatch Act violations described in this report are no longer employed by the federal government, OSC cannot bring disciplinary actions against these employees.

As I said last decade, no one will be held accountable for the abuses described in the report. So forgive me for being underwhelmed by the release of the report that does no more than catalog what we already knew.

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Tim Griffin: Rove’s US Attorney Project Comes Full Circle

Remember the entire point of Karl Rove’s plot to fire a bunch of US Attorneys and replace them with partisan hacks? It was to advance the political career of the new USAs.

Perhaps his most prominent success on that measure is Chris Christie. Though Christie abandons his state even in the face of blizzards–and then blames the resulting chaos on New Jersey’s cities–he is still (implausibly) mentioned as a potential 2012 presidential candidate.

But the true measure of Rove’s success at politicizing the DOJ comes in the form of Tim Griffin.

Griffin, you’ll recall, has a history of leading the GOP’s vote caging operations in 2000 and 2004. Seemingly to reward Griffin for doing such important dirty work–and also to boost the career of such a loyal hack–Rove pushed hardest to make sure that Griffin got the US Attorney position he wanted in his native Arkansas. And though he only stayed on the job until it became clear the Republicans were trying to “gum [his appointment] to death”–to basically run out the clock on any confirmation–he was actually only US Attorney for a matter of months.

No matter, between that and solid GOP backing, Griffin won election to Arkansas’ 2nd Congressional District.

And now, TPMM reports, Griffin has been placed by Republicans on the House Judiciary Committee, the committee that spent months investigating the politicization of justice for which Griffin was the most obvious symbol.

Well, we had the equally corrupt Hans Von Spakovsky at the FEC (not to mention as head of DOJ’s Civil Rights Division), so I guess we’ll survive Tim Griffin’s “oversight” of the Judiciary Department. But if you were in any doubt about Republican’s goals to continue to politicize justice in this country, Griffin’s selection for HJC should answer that question.