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Aileen Cannon Is Stiff-Arming the Press

I’m going to write up what really happened yesterday — as predicted, virtually all outlets I’ve seen simply quoted what Aileen Cannon claimed she had done, rather than describing what she had actually done.

Before I do that, I want to note that Judge Cannon is stiff-arming the same press that is reporting so credulously on her interventions.

Back on August 31, the press coalition that does such things moved to intervene in the case. Most of it was the same boilerplate the coalition uses for all such motions, but they did cite both sides in the matter calling for transparency.

Former President Trump himself has called for greater transparency. See, e.g., ECF No. 1, at pp. 2-3 (noting personal desire for more openness). The Government has stated likewise. See, e.g., ECF No. 1, at pp. 9-10 (detailing Attorney General Merrick Garland’s statements on why the Government sought to unseal certain search warrant records); see also ECF No. 48, at p. 2 n.1 (noting that the Government is “prepared . . . to unseal the more detailed receipt”).

They described that the government did not oppose the motion and Trump took no position on it. They asked to be heard on the matter on September 1.

The next day, Judge Cannon released the detailed inventory the government had submitted (it has since submitted a slightly revised inventory, but didn’t address the press access.

After the government moved to unseal the privilege status report on September 8, the press coalition submitted their own request for unsealing.

Then, after two weeks had elapsed since their initial motion, the press coalition tried again. They pointed out that if anyone wanted to oppose their intervention, the two week deadline to do so had expired. And they noted that the privilege review status report still remained under seal.

The News Media further note that certain records remain under seal in this matter, namely those docketed at ECF No. 40. The News Media understand ECF No. 40 to contain the Government’s submission regarding its Privilege Review Team’s Notice of Status of the Filter Process. The Government filed a motion to unseal that document (less Exhibits A and B to that filing) on September 8, 2022. See ECF No. 71. The News Media filed a further motion to unseal that court record on September 9, 2022. See ECF No. 79.

But Judge Cannon has simply ignored those requests.

There’s an obvious reason she did so: In her September 5 order first appointing a Special Master, she made claims based on that sealed status report. The claims are not only probably false, but she effectively double counted the potentially privileged materials as both potentially privileged and personal. That was the means by which she found that Trump had a possessory interest in the items seized on August 8. So she likely can’t allow that status report to be unsealed, because if it were, her deceit would become evident.

Ironically (or perhaps cynically), Cannon cited the importance of the perception of fairness in that same ruling relying on the status report she won’t let the press see.

A commitment to the appearance of fairness is critical, now more than ever.

[snip]

As Plaintiff articulated at the hearing, the investigation and treatment of a former president is of unique interest to the general public, and the country is served best by an orderly process that promotes the interest and perception of fairness. See supra Discussion III–IV; see also In re Search Warrant Issued June 13, 2019, 942 F.3d at 182 (“[A]n award of injunctive relief in these circumstances supports the ‘strong public interest’ in the integrity of the judicial system.” (quoting United States v. Hasting, 461 U.S. 499, 527 (1983) (Brennan, J., concurring in part and dissenting in part))).

[snip]

“[E]fficient criminal investigations are certainly desirable,” In re Search Warrant Issued June 13, 2019, 942 F.3d at 181, but so too are countervailing considerations of fair process and public trust.

But she only maintains this perception by stiff-arming the press and hiding that status report.

Thus far, she has gotten away with it. Not only isn’t the press calling her out for stiff-arming them, but they continue to quote what she says rather than reporting on what she does.

Update, 10/4: After she ordered the status report unsealed, Judge Cannon granted the motion to intervene prospectively.

Trump Charity A Continuing Fraud On The People Of New York

scammer419One of the items of breaking news (no, really!) over the last 24 hours is the cease and desist order issued by the New York Attorney General’s Office to Donald Trump’s vaunted “charity”. The full text of the official letter can be found here.

The New York Times described it thusly:

The office of New York Attorney General Eric T. Schneiderman has issued a “notice of violation” to Donald J. Trump’s foundation, ordering it to immediately stop soliciting charitable donations in New York.

The letter, which was sent on Friday and released on Monday morning by Mr. Schneiderman’s office, said its charities bureau had determined that the Donald J. Trump Foundation had been fund-raising in New York this year when it was not registered to do so under state law.

“The Trump Foundation must immediately cease soliciting contributions or engaging in any other fund-raising activities in New York,” wrote James Sheehan, the chief of the charities bureau.

I want to focus on one particular clause in the letter however. The part identifying the “fraud”. To wit:

“The failure immediately to discontinue solicitation and to file information and reports required under Article 7-A with the Charities Bureau shall be deemed to be a continuing fraud upon the people of the State of New York.”

Now, in fairness, that is likely boilerplate/template language for such a cease and desist letter in New York, but that makes it no less true. What has occurred is that the Donald J. Trump Foundation, by not properly registering and being accountable for its activities, has been perpetrating a fraud on the People of the State of New York.

A state government is entitled to regulate, oversee and audit such activity occurring within its borders. As appears to be a pattern with Mr. Trump, he and his organization seemed to think they were simply above such common regulation. The willful non-compliance itself is a fraud, the size of the fraud perpetrated can only further be determined via full registration and full accounting for the multiple years of non-compliant activity the “charity” has engaged in.

There has been a fraud under the statutory and regulatory framework of the State of New York, we are only yet to ascertain the relative scope of it yet. And given the dogged reportage of David Fahrenthold of the Washington Post, which depicts rampant self serving and dealing by Trump as to personal debts via his charity, there is every reason to believe there are very serious issues to be dealt with.

But the ability of the NY Attorney General’s Office to actually deal with these questions depends on the prompt registration and disclosure by Trump of his offending and illegal charity.

Trump and his ill begotten “charity” have 15 days to comply with registration and disclosure. What do you think the odds are he will actually comply in good faith instead of hiding behind some bogus baloney, or submitting patently non-responsive filings, until after the election is over? I’d rate the odds at 100%.

The same odds that exist for Trump turning over his tax returns. Even the one from 1995, that has been beyond the statute of any limitation, whether criminal or civil, for over 15 years.

Just Another Misogynist Monday

[What's her name? How hard is it to print her name? Isn't this Journalism 101 -- get the subject's name?]

[What’s her name? How hard is it to print her name? Isn’t this Journalism 101 — get the subject’s name?]

I’m not watching the Olympics on NBC. I see more than enough of the events in my social media feed that I don’t need to turn on the television. This post is based on the observations and media content shared online, an indicator of just how much content there is about the Olympics, both corporate and personal.

And I am SO glad I haven’t bothered to watch based on the persistent anger in my timeline. NBC’s coverage has been a bunch of sexist and racist nonsense, framing female athletes not by their performance but by the men or white family members in their lives.

Like noting a particular athlete became a mother since her last competition — gee, how many of the male athletes became fathers? The narrative NBC built around each woman competitor sounds more like an observation of their performing femininity. “She’s turned in the best time and look, she can still clean house and wear a dress!” Obnoxious.

Or in the case of Simone Biles, a woman of color, about whom NBC’s Al Trautwig feels compelled to note she’s adopted. He cannot simply talk about Biles’ gymnastic performance or the family who came for her as her parents.

Other U.S. media covering the Olympics don’t do any better, like this ridiculous bullshit from The Chicago Tribune and USAToday. First this internationally-recognized athlete is not named but identified as the spouse of non-Olympic male athlete — then half-assed corrections revealing her name still ensure she’s pegged as a man’s wife. Are you kidding me with this?

[Because the Chicago Bears figure largely to the Olympics...]

[Because the Chicago Bears figure largely to the Olympics…]

The Washington Post criticized NBC’s coverage this weekend, but the columnist made her own sexist dig in doing so by calling it “paperback romance novel approach.” Can you say “internalized oppression”? This merely reinforces the marginalizing pink ghetto-ization of genre literature which for women offers subversive escape.

The rationalization for NBC’s craptastic framing as offered to WaPo:

Women don’t watch the Olympics for the live results; they watch it for the narrative. Or that’s the reasoning of NBC, anyway. As the network’s chief marketing officer John Miller explained:

“The people who watch the Olympics are not particularly sports fans,” he told Philly.com recently. “More women watch the games than men, and for the women, they’re less interested in the result and more interested in the journey. It’s sort of like the ultimate reality show and miniseries wrapped into one.”Women don’t watch the Olympics for the live results; they watch it for the narrative. Or that’s the reasoning of NBC, anyway. As the network’s chief marketing officer John Miller explained:

“The people who watch the Olympics are not particularly sports fans,” he told Philly.com recently. “More women watch the games than men, and for the women, they’re less interested in the result and more interested in the journey. It’s sort of like the ultimate reality show and miniseries wrapped into one.”

“Less interested in the result” — yeah, that’s why so many women in my timeline were holding their breath as they waited for gymnasts’ scores, or flailing on keyboards as swimmers sped toward the end of the pool. They do care, deeply and intensely, about the results of each sport.

But they don’t care for propping up men — oh, look, this swimmer co-parents with his med student wife, and wow, this guy was responsible for this woman’s swimming medal — at the expense of women.

We are not things. We are not your wallpaper or props. We are not accessories to men’s or white people’s lives. We don’t need your white and/or male validation to affirm our existence. We are competitors who work fucking hard to meet others as committed to sports as we are. We are viewers who appreciate the competitors’ respect and commitment to sport and want to see the field strive hard and the best win.

The fact that we have been born with a vagina or different skin color should be irrelevant to corporate content.

I’ll do a daily roundup later today. Get your sports talk out here in thread. ~R

Washington Post Fails to Disclose Heinonen’s UANI Connection in Anti-Iran Op/Ed

We are now in the “final” week of negotiations to set the framework for the P5+1 long-term agreement on Iran’s nuclear technology. With so much in the balance, voices are popping up from every direction to offer their opinions on what constitutes a good or bad deal. While Netanyahu’s address to Congress dominated the headlines in that regard, other sources also have not held back on offering opinions. In the case of Netanyahu, informed observers considering his remarks knew in advance that Netanyahu considers Iran an “existential threat” to Israel and that violent regime change in Iran is his preferred mode of addressing Iran’s nuclear technology. When it comes to other opinions being offered, it is important to also have a clear view of the backgrounds of those offering opinions so that any biases they have can be brought into consideration.

With that in mind, the Washington Post has committed a gross violation of the concept of full disclosure in an Iran op/ed they published yesterday. I won’t go into the “substance” of this hit piece on Iran, suffice it note that the sensationalist headline (The Iran time bomb) warns us that the piece will come from an assumption that Iran seeks and will continue to seek a nuclear weapon regardless of what they agree to with P5+1.

The list of authors for this op/ed is an anti-Iran neocon’s wet dream. First up is Michael Hayden. The Post notes that Hayden led the CIA from 2006-2009 and the NSA from 1999 to 2005. I guess they don’t think it’s important to note that he now is a principal with the Chertoff Group and so stands to profit from situations in world politics that appear headed toward violence.

The third of the three authors is perhaps the least known, but he’s a very active fellow. Here is how Nima Shirazi describes Ray Takeyh:

Takeyh is a mainstay of the Washington establishment – a Council on Foreign Relations Senior Fellow before and after a stint in the Obama State Department and a founding member of the neoconservative-created Iran Strategy Task Force who has become a tireless advocate for the collective punishment of the Iranian population in a futile attempt to inspire homegrown regime change (if not, at times, all-out war against a third Middle Eastern nation in just over a decade). Unsurprisingly, he dismisses out of hand the notion that “the principal cause of disorder in the Middle East today is a hegemonic America seeking to impose its imperial template on the region.”

The Post, of course, doesn’t mention Takeyh’s association with the group Shirazi describes, nor his membership in another Iran Task Force organized by the Jewish Institute for National Security Affairs.

Sandwiched between Hayden and Takeyh, though, is the Post’s biggest failure on disclosure. Olli Heinonen is described by the Post simply as “a senior fellow at Harvard’s Belfer Center for Science and International Affairs and a former deputy director general of the International Atomic Energy Agency”. As such, uninformed readers are likely to conclude that Heinonen is present among the authors to serve as a hefty dose of neutrality,given his background in the IAEA. Nothing could be further from the truth. What the Post fails to disclose is that Heinonen is also a prominent member of the Advisory Board of United Against Nuclear Iran.

Not only is UANI an advocacy group working against Iran, but they are currently embroiled in litigation in which it has been learned that UANI has come into possession of state secrets from the United States. The Department of Justice has weighed in on the UANI case, urging the judge to throw the case out on the grounds that continuing to litigate it will disclose the US state secrets that UANI has obtained. Since the litigation involves UANI actions to “name and shame” companies it accuses of violating US sanctions against Iran, one can only assume that the state secrets leaked to UANI involve Iran.

How in the world could the Washington Post conclude that Heinonen’s role on the Advisory Board for United Against Nuclear Iran would not be something they should disclose in publishing his opinion piece entitled “The Iran time bomb”?

Oh, and lest we come to the conclusion that failing to note Heinonen’s UANI connection is a one-off thing in which Heinonen himself is innocent, noted AP transcriptionist of neocon anti-Iran rhetoric George Jahn used Heinonen in exactly the same way a month ago.

We can only conclude that Heinonen is happily doing the neocons’ bidding in their push for war with Iran.

Update from emptywheel: The judge in Victor Restis’ lawsuit just dismissed the suit on state secrets grounds. Here’s the opinion, h/t Mike Scarcella.

Petraeus Plans for The Day After

The title of Petraues' op-ed is clearly trying to play off this 1983 made for TV movie about Lawrence, Kansas after a nuclear war.

The title of Petraues’ op-ed is clearly trying to play off this 1983 made for TV movie about Lawrence, Kansas after a nuclear war.

On September 26, 2004, the Washington Post disgraced itself by giving David Petraeus space to write an op-ed in which he spouted pure bullshit on how well his vaunted “training” program was going in Iraq. Of course, that program failed multiple times with Petraeus never being called to account. Despite clear military regulations prohibiting political activity by members of the military, Petraeus’ op-ed was seen by some as providing an endorsement which gave a significant boost to George W. Bush’s re-election campaign at a time when public opinion on the war in Iraq was beginning to sour. Just short of ten years later (and after his career got Broadwelled, I mean, broadsided), Petraeus is back on the pages of the Neocon Daily today, warning us that the “US needs to plan for the day after an Iran deal“.

The reviews of Petraeus’ newest op-ed are now in, and it has been called “Provocative!”, “Apocalyptic!” and even “Gut-Wrenching!” Oh, wait. That’s how the 1983 made for TV movie The Day After is described on its DVD cover. My mistake. But clearly Petraeus is playing off that old title. The old movie deals with life in Lawrence, Kansas after a nuclear war and Petraeus is now telling us we must prepare for life after preventing Iran getting the chance to wage nuclear war.

The central tenet of the op-ed is that Iran is “the leading state sponsor of terrorism”. Like most of what Petraeus does or says, that statement is just flat wrong. Even though the US (including the military when Petraeus was head of Central Command and the CIA when Petraeus led it) never admits it publicly, the rest of the world knows that Saudi Arabia is by far the largest state sponsor of terrorism. There are even Wikileaks cables confirming the role of Saudi money in supporting Sunni extremists. And note that the single most important organizer of state sponsored terrorism, Bandar bin Sultan, is now returning to his role after a brief interruption.

It appears that Petraeus stopped paying attention to world events when he resigned from the CIA in disgrace in November of 2012, because nowhere in his anti-Iran screed do we see any acknowledgement that in June of 2013, Hassan Rouhani was elected as Iran’s new president and has ushered in a new, more moderate outlook that is credited with providing the window for diplomatic progress toward an agreement on Iran’s nuclear technology.

Okay, so here is Petraeus (and co-author Vance Serchuk, who was Joe Lieberman’s foreign policy advisor after cutting his teeth at the American Enterprise Institute–you just can’t make this shit up!) framing the problem for us: Read more

Wait. Where Are These “Gains” NIE Says We Might Lose in Afghanistan?

The latest effort by War, Inc. to prolong the war in Afghanistan consists of a “leak” of the latest National Intelligence Estimate on Afghanistan. The Washington Post dutifully stepped up to transcribe the official line, bleating breathlessly in its headline “Afghanistan gains will be lost quickly after drawdown, U.S. intelligence estimate warns”. Since drawing down our troops closes the spigot feeding war profiteers, we just can’t consider leaving:

A new American intelligence assessment on the Afghan war predicts that the gains the United States and its allies have made during the past three years are likely to have been significantly eroded by 2017, even if Washington leaves behind a few thousand troops and continues bankrolling the impoverished nation, according to officials familiar with the report.

And if we leave faster, Afghanistan will go to hell faster, according to our Intelligence Oracles:

The report predicts that Afghanistan would likely descend into chaos quickly if Washington and Kabul don’t sign a security pact that would keep an international military contingent there beyond 2014 — a precondition for the delivery of billions of dollars in aid that the United States and its allies have pledged to spend in Afghanistan over the coming years.

As I have long maintained, however, virtually all claims of “progress” in Afghanistan come more from a process of gaming the numbers than any real calming of the country. Consider this post from June of 2012. Note from the figure in that post that violence in Afghanistan varies greatly with the season, but that the peak level of violence increased steadily from 2006 through 2011. I intended to go back to this same source to see how the subsequent years look on the graph, but it appears that these particular reports are no longer published for the general public.

The UN does still release reports on its collection of data regarding protection of civilians in Afghanistan. Noting that the current claim regarding the “success” of the surge in Afghanistan is that it managed to “reverse the Taliban’s momentum and give the government more of an edge”, consider the latest data on civilian deaths that the UN ascribes to anti-government elements in Afghanistan:

Afghanistan civilian AGE deaths

 

Perhaps, if we consider only deaths, an argument can be made that the rate of increase of deaths has been slowed, but there certainly is no basis for claiming that there is a trend to fewer deaths.

Lurking beneath this dire warning in the NIE is a tacit admission that the $50 billion that the US has spent to train and arm Afghan security forces has been a total waste, since the ANSF will not be able to maintain security once we are gone.

The bottom line is that the entire US war machinery has failed in every single facet of the effort in Afghanistan. Our presence has accomplished nothing but death, destruction and the wasting of nearly a trillion dollars. Our leaving will see further death and destruction. Staying longer would make no difference other than continuing to enrich War, Inc. There are no good options left, but getting our troops out at least stops the hemorrhaging of money.

 

When Susan Rice Is Right, She’s Right!

gps31From the No Kidding Files, courtesy of Jason Leopold, comes this gem from vaunted National Security Advisor Susan Rice:

“Let’s be honest: at times we do business with govts that do not respect the rights we hold most dear”

Well, hello there Susan, I couldn’t agree more. Especially on days when I see things like this from the Glenn Greenwald and Pierre Omidyar Snowden file monopoly err, Barton Gellman at the Washington Post:

The National Security Agency is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world, according to top-secret documents and interviews with U.S. intelligence officials, enabling the agency to track the movements of individuals — and map their relationships — in ways that would have been previously unimaginable.
….
The number of Americans whose locations are tracked as part of the NSA’s collection of data overseas is impossible to determine from the Snowden documents alone, and senior intelligence officials declined to offer an estimate. “It’s awkward for us to try to provide any specific numbers,” one intelligence official said in a telephone interview. An NSA spokeswoman who took part in the call cut in to say the agency has no way to calculate such a figure.

It is thoroughly loathsome that Americans must do business with a government that does this, and insane that it is their own government.

It is “awkward” to determine how many innocent Americans are rolled up in the latest out of control security state dragnet the United States government is running globally. Actually, that is not awkward, it is damning and telling. Therefore the American citizenry must not know, at any cost.

Susan Rice is quite right, we are forced to “do business” with a government that does “not respect the rights we hold most dear”

[Here is the full text of the Susan Rice speech today that the above quote was taken from. It is a great speech, or would be if the morals of the United States under Barack Obama matched the lofty rhetoric]

CIA’s Cloud Storage Just Bought the WaPo

You’ve no doubt heard that Jeff Bezos just bought WaPo.

Which means the same guy who owns WaPo also provides the CIA with its new cloud storage (unless IBM succeeds in their bid to challenge it).

I’m sure this will have an utterly salutary effect on the news business.

Washington Post Contradicts ISAF Narrative on Afghan Troop Capabilities

If you visit ISAF’s website this morning, you are greeted with the yet another dose of ISAF’s propaganda campaign aimed at building an image of the capability of Afghan forces that is far beyond reality. Today’s headliner from ISAF is proudly titled “Afghan troops lead mission to secure Afghanistan’s Highway 1”. Unfortunately for ISAF, the Washington Post this morning is providing a cold dose of reality, as they have visited a post handed over to the Afghans less than six months ago. We learn from the Post that the image of Afghan forces being ready to assume control of this outpost was deeply flawed, and that with US support withdrawn, conditions have worsened steadily to a point nearing total dysfunction. Coming on the heels of last month’s revelations by McClatchy on the overstatement of Afghan force capabilities, this report should serve as a wakeup call to the Obama administration, Congress and the Defense Department. We can rest assured, however, that those in power will pay no attention to this information that negates the dominant propaganda.

Here is the rosy prose from ISAF that sets the stage for describing the Afghan patrols:

 Every day, thousands of cars, buses and highly-decorated trucks travel Afghanistan’s Highway 1, the ring road that connects the country’s largest and most populated cities.

The 300-mile stretch of road between Kabul and Kandahar is the main focus of the area’s Afghan National Security Forces and Battle Company, 2nd Battalion, 503rd Infantry Regiment, Task Force 173rd.

Trees, grass and fields of deep green provide the impression of rich farmland safe from the frequent violence along the road. However, the ANA and the men of Battle Company know the real story of small-arms fire, improvised explosive devices and ambushes that plague the area, leading them to conduct Operation Assaly II, July 23-27, 2012.

“We have some Taliban fighters that attempt to engage us and we also have a unique situation here, in that there are criminal networks that actively engage the fuel trucks and the supply trucks that come out of Kabul down to Kandahar,” said U.S. Army Capt. Colin Layne, commander of Battle Company and a native of Albuquerque, N.M. “So we have two groups of people out there that are firing weapons and setting off improvised explosive devices.

“Operation Assaly II is focused clearing patrols with the ANA going into villages and searching specific houses that could be associated with the Taliban,” he said.

We now get to Layne dancing around the fact that the ANA troops did not patrol on their own, but instead patrolled alongside US forces: Read more

Nearly Eight Years After Petraeus’ “Tangible Progress” WashPo Op-Ed, Iraq Security Training Still a Failure

Petraeus likes pineapple, but only if it's fresh. (Kyle McDonald photo, Creative Commons license)

One of the topics I seem to find myself posting on the most frequently is the remarkable lack of accountability for the spectacular failure of David Petraeus’ efforts to train the Iraqi security apparatus. Petraeus has repeatedly touted how wonderfully his training work went and yet whenever the failures of this training actually make it into corporate journalism, Petraeus’ name is nowhere to be found.

Such is the case again today. An article titled “U.S. May Scrap Costly Efforts to Train Iraqi Police” appears on the front page of today’s New York Times and it shows, once again, that the tremendous amounts of money and effort that have gone into “training” in Iraq are a complete waste (and since training is shown to be a failure in this article, Petraeus’ name does not appear):

In the face of spiraling costs and Iraqi officials who say they never wanted it in the first place, the State Department has slashed — and may jettison entirely by the end of the year — a multibillion-dollar police training program that was to have been the centerpiece of a hugely expanded civilian mission here.

But wait, this is the State Department. How did the effort get in their hands? It turns out that they started it originally, turned it over to Petraeus and then recently took it back:

Since 2003, the American government has spent nearly $8 billion training the Iraqi police. The program was first under the State Department, but it was transferred to the Department of Defense in 2004 as the insurgency intensified. Yet the force that the American military left behind was trained to fight a counterinsurgency, not to act as a traditional law enforcement organization. Police officers here, for example, do not pull over speeding drivers or respond to calls about cats stuck in trees.

Petraeus burst onto the scene politically in September of 2004, when he penned an op-ed in the Washington Post in which he praised himself for his wonderful work in training Iraqi security forces:

Helping organize, train and equip nearly a quarter-million of Iraq’s security forces is a daunting task. Doing so in the middle of a tough insurgency increases the challenge enormously, making the mission akin to repairing an aircraft while in flight — and while being shot at. Now, however, 18 months after entering Iraq, I see tangible progress. Read more