The Snowflake King’s Consigliere

Recently, Special Counsel Robert Mueller’s Russia investigation has become red hot and getting much closer to Donald Trump. On Monday, April 9, 2018, the FBI raided the home, office, and hotel room of Trump’s longtime personal lawyer Michael Cohen as part of a fraud and campaign finance investigation. The raid was carried out by US attorney’s office of the Southern District of New York, where the US attorney in question is a Trump appointee named Geoffrey Berman. According to the New York Times, federal agents “business records, emails, and documents related to several topics,” including Cohen’s payment to Daniels, and “privileged communications” between Cohen and his clients, according to Cohen’s attorney. The raid brings the case closer to Trump’s door than any to date, touching a close confidante and possibly a speech Trump made himself. Though not responsible for the raid, Mueller’s investigation has looked into Michael Cohen and uncovered potential crimes by him during the Russia investigation. He then brought the findings to Deputy Attorney General Rod Rosenstein, which he’s mandated to if the info’s not directly connected to his investigation. Rosenstein then sent the case to the New York Office leading to a search in Cohen’s house, office, and hotel.

As you know, Michael Cohen is in the middle of the Stormy Daniels controversy, where he plays the guy who paid the porn star $130,000 days before the 2016 election as a way to get her to shut up about her 2006 affair with Donald Trump. The investigation into Cohen is tied to that payment. If he used the money to keep the affair secret and help Trump win the election, they payoff could be considered a donation violating campaign finance law. Sure he might’ve tried to help keep an embarrassing story from the press. Even so, he didn’t report the donation to the federal government, and would substantially the legal cap on donations. The FBI is also looking at whether Cohen violated any banking or wire transfer laws by using a personal bank loan to pay off Daniels. For the lawyer claimed to have drawn on his home equity line of credit from First Republic Bank of Manhattan to obtain the funds. However, while Trump has plenty of lawyers who’ll respond to lawsuits or file papers, Cohen is much more than his “personal” attorney. He’s a fixer, a deal-maker, and a wartime consigliere as well as a key link between Trump and Russia. As journalist Adam Davidson told The Week, “Michael Cohen is the most important non-Trump in the Trump business world. He oversaw nearly all the foreign deals as the Trump Org shifted its focus to sketchy third-tier overseas oligarchs.” With the possible exception of his children, no one knows about the shady stuff Trump has been involved in than this guy. Now they’re combing through Cohen’s files, papers, and phone records.

Then there’s the Steele dossier claiming that Michael Cohen secretly met with several Russian Presidential Administration (PA) Legal Department officials in Prague during the summer of 2016. Obviously, Cohen has adamantly denied taking such a trip, tweeting in January 2017, “I have never been to Prague in my life. #fakenews.” But a new McClatchy report states that special Counsel Robert Mueller has evidence that the sleazy lawyer made a Prague trip through Germany at the height of the 2016 campaign. Now their report is based on anonymous sources and we don’t know what the alleged evidence is. So it can still prove mistaken. But if the McClatchy report is accurate, it could potentially devastate the argument that there was no Trump-Russian collusion. Because there’s no reason for Cohen to try to debunk the Steele dossier by lying that he didn’t visit Prague at all if he actually did, unless he did something extremely serious that he wanted to get away with during the trip. However, if Cohen did go to Prague for innocuous reasons like a vacation, he could’ve just said so.

Nonetheless, whatever evidence federal prosecutors have collected on Michael Cohen must’ve been extraordinarily strong. Before feds could raid his home, hotel room, and office, they had to convince high-ranking Department of Justice officials and a federal judge that a search warrant was necessary for obtaining the evidence sought. As former FBI agent and senior fellow for the Foreign Policy Institute Clinton Watts told The Atlantic, “Doing a search warrant rather than a subpoena suggests the investigators thought Cohen, if given a subpoena, would possibly destroy evidence or withhold key evidence, particularly if it were incriminating.” Under normal circumstances, getting a search warrant for a federal investigation subject’s lawyer is an incredibly aggressive move. If that lawyer represents the President of the United States, the stakes can’t be higher. According to former associate special counsel in the Iran-Contra Affair and law professor at St. Johns John Q. Barrett, “These things are not anonymized, so you know you’re talking about Michael Cohen, the longtime attorney for the person who is now president of the United States, so you know you’re in very deep water. Any law-enforcement official would proceed very carefully.” Former FBI agent and a fellow at George Washington University’s Center for Cyber and Homeland Security David Gomez added, “You don’t just have to have the evidence that the documents may or may not exist, you have to show that there’s no other way to get them besides serving a warrant on the attorney, because of the sensitivity of attorney-client privilege.”

Not surprisingly, Donald Trump’s supporters in the conservative press have invoked attorney-client privilege, the legal rule saying communications between an attorney and their client are typically protected. But there are important exceptions. As Fordham University professor Bruce Green told The Atlantic, “Records of conversations between Mr. Cohen and Mr. Trump are not necessarily privileged. If the conversations do not relate to a legal representation, but Mr. Cohen was providing business assistance or other non-legal services, the privilege probably will not apply.” There’s also the crime-fraud exception to attorney-client privilege. As Barrett said, “When the communications between an attorney and client are in furtherance of criminal activity, it’s viewed as an exception to attorney-client privilege.” When an attorney’s records are seized a separate investigation team called a “taint team” will go through those records and sort out which are protected and which ones prosecutors will be allowed to use. “There are various other limitations and exceptions that could make the privilege inapplicable. If it isn’t clear whether documents are privileged, the issue may get litigated,” said Green. This might go for Cohen’s records payments to Daniels. Even if the evidence seized from Cohen is sought for another investigation, Mueller will have access to anything federal prosecutors deem worthy to the Trump-Russia investigation. Though his lawyer Stephen Ryan called the raid, “completely inappropriate and unnecessary” and pointed that attorney-client privilege may shield many of Cohen’s files from investigators. But this doesn’t apply if the lawyer is committing a crime.

Meanwhile, Mueller’s probe is looking at a $150,000 from a Ukrainian billionaire made to the Donald J. Trump Foundation, which previously admitted to violating tax law and helping Trump during the campaign. One critical question in the probe has looked into is whether foreign money flowed into Trump’s 2016 campaign. That has led Mueller’s team to a September 2016 speech Trump gave to a conference in Kiev, Ukraine. In exchange, a Ukrainian steel magnate donated $150,000 to his personal “charity” which he actually used as a personal piggy bank. Though this has nothing to do with the raid, Michael Cohen reportedly solicited the donation for Trump. The focus on the speech and donation is part of Mueller’s growing interest in overseas money and the Trump campaign. Much of his case against Paul Manafort is tied to the latter’s work in Ukraine. And in March, Mueller’s team has subpoenaed Trump’s businesses to look at his overseas deals.

Though Mueller’s team wasn’t responsible for the raid, Donald Trump has directed his fire and fury toward him. Right before a White House meeting with military leaders on Syria’s situation, he fielded a string of questions about the probe and attacked the special counsel. He told them, “It’s a real disgrace. It’s an attack on our country in a true sense. It’s an attack on what we all stand for, so when I saw this and when I heard it, I heard it like you did, I said that is really now in a whole new level of unfairness.” He repeated his claim of the investigation as a “witch hunt,” and declined to answer whether he’d fire the special counsel, with a reply, “We’ll see what happens. I think it’s disgraceful, and so do a lot of other people.” He also called the prosecutors involved “have the biggest conflicts of interest I have ever seen. Democrats—all. Either Democrats or a couple of Republicans who worked for President Obama.” Despite that all the major players involved are Republicans, some of whom Trump or his appointees hired themselves. The next day he tweeted “A TOTAL WITCH HUNT!” and “Attorney-client privilege is dead!” While several factors make firing Mueller a difficult and politically disastrous choice, Trump has toyed with the idea before. Since Mueller has just built a case against his own lawyer and is digging into Trump’s personal activities, we need to take this seriously. This speech payment brings the investigation to Trump personally. The focus on Trump’s businesses and professional colleagues might violate Trump’s previous assertions that Mueller shouldn’t look into his companies. Thus, Trump’s non-answer in regard to Mueller’s future means the special counsel has to work quickly if he wants to finish his investigation before losing his job.

The group of people Donald Trump has targeted in his angry response at the White House is wide and deep. They comprise of Special Counsel Robert Mueller, Attorney General Jeff Sessions, Deputy Attorney General Rod Rosenstein, former FBI Director James Comey, and U.S. Attorney for the Southern District of New York Geoffrey Berman. Taken together, it’s apparent that Trump isn’t just angry at individuals but also the rule of law. Each step of the way, the actions angering Trump have been by senior officials specifically following the law. In fact, the point of having a special counsel is to insulate a federal investigation from political pressure. Rosenstein appointed Mueller when he felt the tenor of Trump’s earlier comments and actions made it impossible to investigate Russian interference in the 2016 election through normal channels. While Trump hasn’t broken any laws in his comments about Mueller, he’s violated the spirit of the special counsel regulation and has attempted to pressure Mueller at all turns. Hell, he’s pissed at Sessions for recusing himself on advice by Justice Department career staff and in accordance with department guidelines. Because Trump has no regard for rules and procedures. His beef with Sessions prevents him from being in a position to politically protect his boss. Because Trump has voiced publicly and privately his belief that the attorney general’s job is to protect the president, rather than the serve as the country’s top lawyer. This is a radical departure from the standard approach. Because Trump would rather have Sessions break the rules for his benefit. He’s also angry that Hillary Clinton wasn’t prosecuted and has publicly complained about Sessions not pursuing her. As he said, “The other side, they don’t even bother looking. And the other side is where there are crimes, and those crimes are obvious. Lies, under oath, all over the place.” But not only has Clinton been subject to investigations, but Trump fails to grasp that the president can’t decide who’s committed a crime and should be prosecuted. Expect that a Saturday Night Massacre could be just around the corner.

The idea of a regimented process for charging people and that it ought to not be decided by political vendettas or a government head’s whims is central to the American project, even if the nation has at times fallen short of it. Donald Trump doesn’t care to understand or accept the idea of the rule of law. On the campaign trail, he promised to lock up Hillary Clinton and questioned the right of a federal judge overseeing a case on Trump University. His comments of the raid, including ridiculously equating a legally sanctioned FBI raid to a burglary demonstrates that Trump’s not just engaging in a political attack but is also campaigning against the rule of law and the U.S. approach to justice. He may regard due process as political correctness in regards to racial and religious minorities, leftists, immigrants, and victims of systematic police abuse. But when he or his allies are on the receiving end of justice, no proof of evidence is necessary to prove their innocence, even in the face of strong grounds against them. Whereas, any rival or enemy who dares criticize him or anyone he sees as a threat is a criminal. Such discrepancies aren’t just soundbites. They’ve guided Trump administration, causing real human suffering or abdicating the federal government’s responsibility to alleviate it. Under Trump, the White House tried to ban immigrants from 7 Muslim countries, the Justice Department has backed off its responsibility to oversee local police departments to ensure they’re respecting Americans’ constitutional rights, casualties from drone strikes have increased, and immigration authorities have become more aggressive and indiscriminate in who they seek to deport. Such rhetoric also points to how Trump wishes the laws would operate. For those outside his circle, the laws bars no cruelty, brutality, or injustice. To himself and his allies in his gilded circle, no scrupulous adherence to due process in sufficient and no crime can justify prosecution.

Nonetheless, the raid on Michael Cohen’s home, hotel, and office, shows that the Mueller probe has gone beyond Russia. This has always been the greatest danger to Donald Trump since he’s spent a lifetime skirting around both the letter and spirit of the law. It’s why he’s repeatedly stated that his business records are off limits and why he keeps his tax returns secret. Because if we knew what goes on in Trump’s businesses, we’d be appalled. Hell, what we already know about Trump’s businesses is simply mindboggling with stories of corruption that you really can’t make up. And the closer the investigation gets to Trump the more unpredictable he gets since he hasn’t handled any of it well from the beginning. Mark my words, Donald Trump is a dangerous man.

The Threat of White Supremacy in Law Enforcement

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In 2006, the FBI issued a bulletin detailing the threat of white supremacists infiltrating police in order to disrupt investigations against fellow members and recruit other white nationalists. It was released during a scandalous period for many law enforcement agencies throughout the country, including a Neo-Nazi gang formed by members of the Los Angeles Sheriff’s Department who harassed black and Latino communities. Similar investigations revealed officers and entire agencies with hate group ties in Illinois, Ohio, and Texas. The FBI identified white supremacists in law enforcement as a concern because their access to both, “restricted areas vulnerable to sabotage” and elected officials or people who could be seen as “potential targets for violence.” Not to mention, such infiltration, “can lead to investigative breaches and can jeopardize the safety of law enforcement sources or personnel.” The report also warned of “goat skins,” which are hate groups who don’t overtly display their beliefs to “blend into society and covertly advance white supremacist causes.” And in at least one case, the FBI learned of a skinhead group encouraging ghost skins seeking employment with law enforcement agencies to warn crews of any investigations.

American policing has always had racial implications. The earliest form of organized law enforcement in the country can be traced to slave patrols that tracked down escaped slaves and overseers assigned to guard settler communities from Native Americans. In the centuries since, many law enforcement agencies have directly participated in antagonizing communities of color or provided a shield for others who did. But since the FBI’s 2006 report came out, little has changed. Though several agencies nationwide have launched internal investigations into personnel who may not be formal hate group members, but face allegations of racial misconduct. While social media has made it easier to expose white supremacists in law enforcement. Yet, none of the over 18,000 law enforcement agencies have established systems for vetting potential supremacist links, many of which have deep historical connections to racist ideologies.

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This is the cop who was caught with a Neo-Nazi tattoo at the Democratic National Convention. And he was sent to patrol a Black Lives Matter protest. See the problem here?

But since the FBI’s report, problems with white supremacists in law enforcement have surfaced since then. In 2013, the Southern Poverty Law Center exposed an Alabama officer as a member of the white nationalist League of the South after speaking at a national conference. In 2014, 2 Florida officers, including a deputy police chief, were fired after an FBI informant outed them as Klu Klux Klan members. In September 2015, a North Carolina police officer was fired after a picture of him giving the Nazi salute appeared on Facebook. That same year a Baton Rouge police officer resigned after being linked to racist text messages. Another instance has an Oklahoma sheriff resigned after his name was connected to a white supremacist website. And in August 2016, the Philadelphia Police Department launched an internal investigation after attendees at Black Lives Matter rally outside the Democratic National Convention spotted an officer in charge of crowd control with a Nazi emblem tattoo on his forearm and posted the image on Instagram.

With the rise of white supremacist violence during the Trump era, we need to treat this threat very seriously. Shortly after Barack Obama’s election to the presidency in 2008, a 2009 Department of Homeland Security study written in coordination with the FBI warned of a “resurgence” of right-wing extremism. The report noted, “Right-wing extremists have capitalized on the election of the first African-American president, and are focusing their efforts to recruit new members, mobilize existing supporters, and broaden their scope and appeal through propaganda.” Since then, white supremacist violence and right-wing terror has been on the rise along with the increased presence of the alt-right.

In November 2016, Donald Trump was elected to the presidency, a man endorsed and celebrated by the KKK since he’s been reluctant to disassociate himself from anyone espousing white supremacist views. In turn, he has appointed key administration advisers with ties to the radical right like Steve Bannon, Steve Miller, and Sebastian Gorka. His policy initiatives like revving up the nation’s deportation machine and curtailing civil rights enforcement thrilled white supremacists. Trump and his Attorney General Jeff Sessions have shown deference to law enforcement and retreated from federal oversight of police departments with a history of civil rights violations, brutality, and racial violence. As a result, the latest incarnation of white supremacy broke through the firewall that for decades kept overt racists largely out of the political and media mainstream. Reinvigorated white supremacists staged their largest rally in a decade at the demonstration in Charlottesville, Virginia, that left an anti-racist counter-protester dead and Trump equivocating over condemning racism. Former KKK Grand Wizard David Duke called the rally a “turning point” and vowed that white supremacists would “fulfill the promises of Donald Trump” to “take our country back.” White supremacists also stepped up their college campus recruiting drives. White nationalist leader Richard Spencer held a rally at the Lincoln Memorial and appeared at colleges. The Southern Poverty Law Center documented some 300 incidents of racist flyers distributed on over 200 college campuses.

Why should we worry about white supremacists in law enforcement?

In a country where 74% of extremist killings and attacks over the past decade were by right-wing extremists, particularly white supremacists, it’s a serious problem when police are among the terrorists. As Chicago’s John Marshall School of Law professor Samuel Jones told PBS in 2016, “Many people in these communities of color feel they have been the subject of police violence for decades. And when an officer engages in conduct that adds or enhances that divide, they are ultimately jeopardizing the integrity of their agencies and putting their fellow officers in danger.” Jones also told The Intercept in 2017, “When somebody holds a belief that indicates that they do not see all Americans are worthy of equal protection under the law, it compromises their ability to be a police officer.”

White supremacists come from all walks of life. They can be your neighbors, co-workers, employers, friends, and even relatives. They can be teachers, professors, cashiers, doctors, lawyers, clerics, drivers, waitstaff, accountants, firefighters, garbage collectors, mail carriers, programmers, and just about anyone else you can think of, including police. But if you have a white supremacist in a public service position like a teacher or cop, the problem isn’t that they subscribe to a radical belief system. Rather, it’s that their beliefs encourage bigoted and sometimes violent behavior that are inappropriate for anyone involved in public service, particularly those with authority over others. White supremacists also create a toxic work environment and poison relations with the public.

Many white supremacists maintain positions and jobs within mainstream society while acting with plausible deniability on behalf of their racist beliefs. They do this through paying “lip service” to normal diversity standards and playing what’s called “a dog and pony show” when it came time to public proclamations. But then acting every other regard as a white nationalist ideologue would: discriminating against minorities in their choices and actions, believing them to be innately inferior, presuming that liberals and Jews are conspiring to harm them, etc. You can see this kind of strategy on full display on Breitbart and Fox News.

If you have these white supremacists in positions of authority like law enforcement, it’s very scary notion for minorities, especially black people. Since police kill black people 2.5 more frequently than whites and unarmed black people at 5 times the rate of whites. The fact, white supremacist infiltration in law enforcement provides context to the scourge of racial police violence against black people which is often downplayed if not denied by segments of society and an administration endorsed by the Fraternal Order of Police. While racism in the police is nothing new, the idea that white supremacists might be your friendly neighborhood police can add a layer of fear and distrust for communities of color.

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At a 2016 Neo-Nazi rally in Sacramento, California, the California Highway Patrol was found to aid the alt-right. They arrested 3 counter-protestors despite that the anti-fascist activists bore the brunt of the violence.

There is also evidence that police departments have asked for and accepted help from far-right protestors during tense rallies and counter-protests where violence isn’t infrequent. The relationship works both ways: Police get help and the alt-right demonstrators are seemingly put above the law in return. As a result, militia members working for alt-right events carry out policing activities with impunity under the gaze of actual law enforcement. In 2011, police bused Neo-Nazis to a rally in Trenton, New Jersey to maintain order. In 2014, Chattanooga cops arranged parking for white nationalists along with a route for them to march safely to a protest site. In June 2016, violence broke out at a Sacramento neo-Nazi rally between neo-Nazis and anti-fascist protestors at the California State Capitol. 10 people were injured, 5 of them stabbed. Despite footage showing that neo-Nazis were responsible for most of the violence, especially the stabbings, Sacramento police arrested 3 counter-protestors who were charged with felonies despite claiming self-defense. One was a Berkeley teacher and anti-fascist organizer named Yvette Felarca who was charged with assault and rioting after a neo-Nazi stabbed her and bludgeoned her in the head. Later court documents reveal that California police investigating the white nationalist event worked with white supremacists in to identify counter-protestors and sought the prosecution of activists with “anti-racist” beliefs. The records also showed police officers expressing sympathy with white supremacists and trying to protect a neo-Nazi organizer’s identity. In June 2017, police allowed members of a right-wing militia style group help police arrest anti-fascist activists at an alt-right event in Portland, Oregon. Former FBI agent and Brennan Center fellow Michael German told the Huffington Post, “That is extremely dangerous. To give these groups the idea that their violence is sanctioned by the state will make them far more violent and far more dangerous in the long run. Not to mention the failing to police these running street battles will encourage them to come to the next protest prepared.” On the other hand, the police weren’t so accommodating to peaceful, unarmed Black Lives Matter demonstrators protesting police brutality and racism in Baltimore or Ferguson, Missouri or nonviolent Standing Rock Indian activists in North Dakota who were trying to protect their water from the Dakota Access Pipeline. I mean police were in full riot gear with military equipment on all those occasions, especially at Standing Rock. Nor did they seem doing their jobs protecting counter-protestors in Charlottesville since they appeared to disappear when the violence got really ugly.

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By the way, in case you forget, here’s what police in North Dakota did to the Indian protestors trying to protect their land and water. Yeah, doesn’t seem like these cops care what happens to them.

But it’s not just people of color or left-wing protestors who have to worry about white supremacists in law enforcement. Right-wing extremists are systematically more anti-government/anti-cop than any other group. Since 1990 they have been responsible for 45 police killings. It also doesn’t help that law enforcement are more likely to encounter dangerous extremists than virtually any other segment of American society and those confrontations are, tragically, sometimes fatal. The fact white supremacists are often armed to the teeth during their alt-right rallies can be enough to put police in a state of fear and inability of what to do, especially in states with loose gun laws like the open-carry state of Virginia. But law enforcement doing nothing just enables these white supremacist whack jobs inflict violence. The lack of a police response to the Charlottesville violence in August 2017 led one chat user write that the Virginia State Police, “will be focused on antifa [anti-fascists] not us … especially if we kiss some ass with a few blue lives matter chants …. Be nice to cops and they will be nice to you.”

How long has white supremacy in law enforcement been a problem?

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You can guess that white supremacist cops had something to do with white people getting away with this during segregation. This was from the 1920s, by the way.

This has been around for a very long time. In fact, infiltrating law enforcement is considered a long-standings strategy for white supremacists, which has long influenced law enforcement agencies at the local and state levels. As former skinhead Christian Picciolini told 60 Minutes, “We encouraged people to get jobs in law enforcement, to go to the military and get training and to recruit there.” But it’s only in recent years that we fully acknowledged it as a problem. As sociologist Peter Simi told The Intercept, “If you look at the history of law enforcement in the United States, it is a history of white supremacy, to put it bluntly,” citing origins in the slave patrols of the 18th and 19th centuries. “More recently, just going back 50 years, law enforcement, particularly in the South, was filled with Klan members.” A KKK chapter and a county sheriff’s office were involved in the 1964 arrest, abduction, and murder of 3 civil rights workers named Andrew Goodman, James Chaney, and Michael Schwerner in Philadelphia, Mississippi. Though the FBI has acknowledged it has a problem in 2006, it has only been after a series of scandals involving local police and sheriff’s departments.

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The 1964 arrest, kidnapping, and murder of 3 Civil Rights activists in Mississippi was orchestrated by a Klu Klux Klan chapter and a county sheriff’s department. During the Civil Rights Movement, it wasn’t uncommon for local law enforcement in the South to belong to the Klu Klux Klan.

In 1991, a US District Court judge in Los Angeles found that members of a local sheriff’s department had formed a neo-Nazi gang and habitually terrorized black and Latino residents.

In 2008, a Chicago police detective and rumored KKK member John Burge was fired and prosecuted over charges relating to torture of at least 120 black men during his decades-long career. Burge notoriously referred to an electric shock device he used during interrogations as the “nigger box.”

In Cleveland, officials found that a number of police officers have scrawled “racist or Nazi graffiti” throughout their department’s locker rooms.

In Texas, 2 police officers were fired upon discovery they were Klansmen. One of them said he tried boosting the organization’s membership by giving an application to a fellow officer he thought shared his, “white, Christian, heterosexual values.”

How widespread is this problem?

It’s practically nationwide as you can see from my examples above. However, according to a report from the Root, this current infiltration has everything to do with the racist social climate, the Trump administration, and the long-standing history of racism amongst law enforcement and black people. Many law enforcement agencies have deep historical ties to racist ideologies. Since no centralized recruitment process or set of national standards exists for the 18,000 law enforcement, state and local police as well as sheriff’s departments present ample opportunities for white supremacists and other right-wing extremists looking to expand their power base.

Without available training for identifying and acting on extremist infiltration thanks to Napolitano’s actions over the right-wing fallout on the 2009 DHS report, groups like the Oath Keepers, the Peace Officers Association, the Three Percenters, and the Constitutional Sheriffs took advantage of the security vacuum to recruit and metastasize, like ISIS and Al Qaeda do in other parts of the world. These efforts in large part targeted active and retired law enforcement officers. Right-wing extremists don’t just recruit from the law enforcement community, they also infiltrate their ranks. As Picciolini told Fairfax Media, “Many people from my crew went on to be Chicago police officers, they went on to be prison guards, and they certainly took their ideology with them. A lot of people that I know ended up enlisting in the military to recruit [racists] and to get weapons and combat training.”

Why would white supremacists want to be cops?

The answer is simple, so they can get away with shit. It’s technically legal for a law enforcement officer to espouse hateful, racist views or belong to a hate group. And though it’s a federal crime to provide material support to a foreign terrorist group, there’s no such law supporting a white supremacist one. As an 2015 FBI counter-terrorism guide reads, “domestic terrorism investigations focused on militia extremists, white supremacist extremists, and sovereign citizen extremists often have identified active links to law enforcement officers.” A link to law enforcement gives white supremacists some legitimacy and leeway to do all the horrible things they want while still appearing respectable to the community. One white supremacist chat board user wrote, “Be me in my Criminal investigation class. We’re doing introductions and it gets to me. They ask me what kind of police officer I wanted to be and I responded with ‘Riot Police Officer.’ They asked why and I instantly responded with ‘I like curb stomping protestors who cause a riot.’ I think the professor likes me.”

Are cops prone to becoming white supremacists?

Yes, since non-radical police officers are common targets for white supremacist recruiters. As Picciolini told Democracy Now!, “Police officers and law enforcement officers and military people are constantly, every day, in difficult situations. And over time, people become jaded, especially after you’ve … worked in crime-ridden neighborhoods for 20 years, and you’ve had to deal with sometimes the worst of the worst people. Well, recruiters know this. Recruiters know that they become jaded, and they become prejudiced towards these people.” One white supremacist chat board user wrote, “I have several cops in my family, most white cops are sympathetic to us.” They added, “I’m not too worried about the cops as long as we act like whites …. Get to know more cops [in real life] No one hates niggers more than white cops.”

How many cops are white supremacists?

There aren’t many statistics, but we’re talking about a small number. But even though they’re outliers, they can inflict plenty of damage in their wake. But fortunately, white supremacy in the police force isn’t as much of a problem as it used to be. Mostly because white supremacy and racism has become significantly less acceptable in society in general. That doesn’t mean we have problems with either in the police. Because we certainly do.

If the FBI and DHS knew about white supremacy in law enforcement for years, why don’t we hear it addressed?

The FBI and DHS had. But federal investigators have been reluctant to publicly address the growing threat of right-wing extremists or point out the movement’s longstanding strategy of infiltrating the law enforcement community. Since the 2009 DHS report was released just ahead of the nationwide Tea Party protests, it caused an uproar among conservatives who were particularly pissed over the suggestion that veterans might be implicated and how the report seemed to depict the range of right-wing groups. Faced with mounting criticism, DHS Secretary Janet Napolitano disavowed the document and apologized to veterans. Despite that this document was researched, compiled, and written by officials in the George W. Bush administration. And despite that the document singled out “disgruntled military veterans” as targets of recruitment by right-wing extremists to “exploit their skills and knowledge derived from military training and combat.” Because the military has long been a hotbed for white supremacist recruiting activity and many well-known white supremacist terrorists were former servicemen like some of the alt-right leaders in Charlottesville. The agency’s unit investigating right-wing extremism was largely dismantled and the reports lead investigator was pushed out. Heidi Berich from the SPLC told The Intercept, “They stopped doing intel on that, and that was that. The FBI in theory investigates right-wing terrorism and right-wing extremism, but they have limited resources. The loss of that unit was a loss for a lot of people who did this kind of work.”

It’s widely said that the backlash following the 2009 DHS report hindered further action against the growing white supremacist threat and that it was largely ignored because the issue was so politically controversial. Samuel Jones told The Intercept, “I believe that because that report was so denounced by conservatives, it sort of closed the door on whatever the FBI may have been considering doing with respect to combating infiltration of law enforcement by white supremacists. Because after the 2006 FBI report, we simply cannot find anything by local law enforcement or the federal government that addresses this issue.” Chapman University sociologist Peter Simi agreed, “The report underscores the problem of even discussing this issue. It underscores how difficult this issue is to get any traction on, because a lot of people don’t want to discuss this, let alone actually do something about it.”

DT Analytics’s Daryl Johnson was the lead researcher on the DHS report told The Intercept, “Federal law enforcement agencies in general — the FBI, the Marshals, the ATF — are aware that extremists have infiltrated state and local law enforcement agencies and that there are people in law enforcement agencies that may be sympathetic to these groups.” And according to him, the problem has since gotten “a lot more troublesome.” Because local police departments don’t seem to do anything to address the issue. “There’s not even any training now to make state and local police aware of these groups and how they could infiltrate their ranks.” As Samuel Jones told The Intercept, “For some reason, we have stepped away from the threat of domestic terrorism and right-wing extremism. The only way we can reconcile this kind of behavior is if we accept the possibility that the ideology that permeates white nationalists and white supremacists is something that many in our federal and law enforcement communities understand and may be in sympathy with.”

How do we combat the problem of white supremacists in law enforcement?

Stricter screenings for bias and white supremacist ties is a start. After a series of investigations uncovered substantial numbers of extremists in the military, the Department of Defense moved to impose stricter screenings, including monitoring recruits’ tattoos for white supremacist symbols and discharged those found to espouse racist views. As the SPLC’s Beirich told The Intercept, “The military has completely reformed its process on this front. I don’t know why it wouldn’t be the same for police officers; we can’t have people with guns having crazy ideas or ideas that threaten certain populations.” However, the clean-cut khaki-wearing racists are less detectible as military recruits so having white supremacists in the military is still a very serious problem. An Army Times survey of 1,000 active-duty troops found that 1 in 4 respondents had witnessed concrete instances of white nationalism among fellow troops and around 5% wrote comments disparaging the poll’s methodology and complaining that groups like Black Lives Matter weren’t included as an example of encroaching extremist threat.
But reforming police is a lot harder than the military due to the way decentralized way thousands of police departments across the country operate, the historical affinity of certain police departments with the same racial ideologies espoused by extremists, and an even broader reluctance to do much about it. Seattle former police chief Norm Stamper told The Intercept, “There are police agencies throughout the South and beyond that come from that tradition. To think that that kind of thinking has dissolved somehow is myopic at best.” Though he admitted to firing officers expressing racist views, he added, “It’s not likely to happen in most police departments, because many of those departments come from a tradition of saying the officer is entitled to his or her opinions.”

First Amendment issues relating to freedoms of association and expression can also get in the way. Long as it’s for legal of activity, it’s technically legal for anyone in law enforcement or public office to join a hate group. But according to the 2006 FBI memo, the government can limit opportunities of members “when their memberships would interfere with their duties.” John Marshall School of Law’s Samuel Jones thinks it’s problematic. “I cannot imagine that the FBI today could issue a report concerning any kind of threat without people being alarmed and wanting immediate action,” he told PBS. “But in this case there seems to be almost an acceptance of it. The thought is ‘it’s just ideology and they have a right to believe this.’” Nonetheless, whether the First Amendment protects an officer’s right to express racist, white supremacist views or associate with organizations that endorse them remains a subject of debate. As Stamper told The Intercept, “You can fire someone. Whether the termination will stand up under review is the real question.”

Although police officers have been fired for expressing hateful views, they’re sometimes rehired by other departments as happens regularly when officers are accused of misconduct. But some officers have also challenged those dismissals in court. For instance, 18-year veteran of the Nebraska State Patrol Robert Henderson was fired when his Klan membership was discovered. He sued on First Amendment grounds and appealed all the way to the US Supreme Court, which declined to hear the case. In 2016, 14 San Francisco police officers were caught exchanging racist and homophobic texts including several references to “white power” and messages such as “all niggers must fucking hang.” Most of them remain on the force after an attempt to fire several of them was blocked by a judge, saying that the statute of limitations had expired.
Jones had been tracking similar incidents following the 2006 report and believes many more get buried the code of silence often dominating police departments. “All agencies, if they want to, can curtail this problem — the problem is that many do not.”

How are we combating the problem now?

According to the FBI Counter Terrorism Policy Guide, the FBI has the option to mark a watchlisted police officer as a “silent hit,” thus preventing queries to the National Crime Information Center from returning a record that identifies the officer as having been flagged as a known or suspected terrorist. The document states that a “specific, narrowly defined, and legitimate operational justification” must be given to mark a Known or Suspected Terrorist (KST) as a silent hit. The suspect’s membership or affiliation with law enforcement or military agency is one of the justifications listed, implying that extremist infiltration is enough of a concern that the FBI has built-in protocols to prevent domestic terror investigations from being obstructed by members of law enforcement. However, the counterterrorism guide doesn’t specify the conditions under which the FBI will notify local law enforcement whose members may be under surveillance as silent hits. A former agent who specialized in domestic terror investigations told The Intercept that such alerts are handled on a, “case-by-case basis,” adding, “Typically, if someone in the police department is suspect, unless it’s an extreme case of leadership, professional courtesy requires some sort of notification.”

What can we do about white supremacists in law enforcement?

If you think a police officer in your local neighborhood is a white supremacist, say something about it by either posting a picture or video on social media. If you can trust them, you might want to discuss it with your local and state police department. You can also notify the feds or the Southern Poverty Law Center. Here’s a link:

https://www.splcenter.org/what-we-do/fighting-hate/law-enforcement-resources

If you’re a law enforcement officer and want to do something about white supremacists in your community, I believe the Southern Law Center has you covered. But if you know a colleague associated with white supremacy, either tell your superior, notify the feds, or the SLPC.

But more importantly, we need to address white supremacist violence as a serious problem in this country and need to demand better ways to prevent it and combat it. Rooting out white supremacists in the police force through better screenings should be a major priority. Yet, more importantly we need to demand our law enforcement treat white supremacists at demonstrations as the security risks and danger they are, especially in the mainstream. Unless police are properly trained to handle hate crimes, white supremacists, and right-wing terror, then white supremacists will have little reason to fear the authorities, especially if their fellow members are on the force.

policewhitesupremacy

What Stormy Daniels Knows

At the surface, it seems that the Stormy Daniels saga is a salacious and pointless story distracting the public from the truly important issues in the Trump era. After all, she’s a porn star whose story involves an extramarital affair with a powerful much older man. Such incidents usually pertain to nothing of consequence. Even if they pertain to $130,000 hush money payments and non-disclosure agreements.

But if that older man is Donald Trump who’s now the president of the United States, then Daniels’s story isn’t about the tawdry details of infidelity. But one about Trump’s corruptibility as a president whose personal life and finances are shrouded in unprecedented secrecy. Back in 2016, Trump’s longtime personal attorney Michael Cohen paid Daniels $130,000 in exchange for her signing a nondisclosure agreement to keep her from saying anything about her alleged affair with Trump during the election’s final days. Recently, Daniels has filed suit to invalidate the non-disclosure agreement she signed, freeing her to speak about her relationship with Trump. Cohen has filed a private arbitration case against her and obtained a restraining order stating that she’d face penalties if she publicly discusses her affair. Her attorney has claimed she’d been threatened with physical harm if she didn’t keep quiet. Then there’s the fact Cohen has filed a suit against her for $20 million for breaching their agreement. Daniels’s attorney Michael Avenetti slammed Trump’s team for a “bullying tactic” in pursuing such an enormous sum from a private citizen over “bogus” damages in a maneuver that’s “likely unprecedented in our history.” He said their attempts to move a case from a state court in Los Angeles to a federal court is because it would increase the chances the matter will be decided in private arbitration, “thus hiding the truth from the public.” Oh, and the Trump team has tried to keep her interview with Anderson Cooper from airing on 60 Minutes on March 25.

Nonetheless, from the public’s standpoint, the key issue isn’t Daniels’s story. It’s the circumstances surrounding the payoff and how many similar deals out there. Now the payoff raises 2 big ethical and legal problems. First, it’s an attack on American’s threadbare system of campaign finance regulations thanks to Citizens United. But one of the few remaining laws on the books bans corporations from giving gifts to a candidate. Since Cohen used his Trump Organization email to arrange the deal and relayed the payment through a private Delaware-based shell company to her representative. And he did with no thought of repayment, discussion, or coordination with anyone else on the Trump team. According to Washington Post reporter, Philip Bump, “those two things together — that a Trump Organization email address was used to facilitate the payment and that the payment was linked to the campaign — would constitute a legal violation.” Of course, you could argue that a payoff made weeks before Election Day to prevent disseminating damaging information about a presidential candidate had nothing to do with the campaign. Either way, the money’s true origins and the extent of other Trump figures’ involvement in the payoff is worth taking seriously. Still, if we ignore this drama just because it involves a porn star, we might blow another enormous hole in a web of rules supposed to separate our democracy from a plutocracy. If we stop enforcing the rules about coordination, corporate contributions, and disclosure simply because Daniels’s case is tawdry, we’ll regret it.

Second, secrets worth paying over a hundred grand to keep could be powerful tools in foreign governments’ or domestic special interests’ hands. We know that Stormy Daniels isn’t the only woman Donald Trump has paid off. Former Playboy bunny Karen McDougal also had an affair with Trump around the same time as Daniels and received $150,000 from the National Enquirer for exclusive rights to her story in August 2016, which they never published. She’s also suing to invalidate her non-disclosure agreement as well. And I’m Trump has paid off other women, too. In addition, Trump has other secrets, some of which may or may not have been successfully kept from interested parties. And it’s likely someone might have leverage over him.

Donald Trump is a notorious philanderer and is subject to 18 sexual assault and other misconduct allegations that congressional Republicans don’t want to investigate. The Trump Organization has deployed aggressive nondisclosure agreements years before he became a candidate. Not to mention, he has a long history of corrupt business practices and still hasn’t released his tax returns. Taking all that into account, it’s not hard to conclude that Daniels and McDougal aren’t the only people whose silence Trump has bought. Michael Wolff’s Fire and Fury quotes Steve Bannon saying that longtime attorney Marc Kasowitz, “has gotten him out of all kinds of jams. Kasowitz on the campaign — what did we have, a hundred women? Kasowitz took care of all of them.” Bannon might’ve exaggerated. But his statement supports McDougal’s claims that Trump and his friends had a system to keep his affairs quiet. People at the National Enquirer told the New Yorker that America Media Inc.’s Chairman and CEO and Trump friend, David Pecker often bought stories to kill them. Sometimes he did it to protect the story’s subject and sometimes to hold the story as a sort of leverage over celebrities. As McDougal told Ronan Farrow, “Someone in a high position that controls our country, if they can influence him, it’s a big deal.” >

Given what we know about Donald Trump’s sex life, you may wonder how his reputation could possibly be damaged by extramarital affair revelations. Trump has no problem with naked photos and videos. He appeared on the cover of Playboy which he proudly displayed on his Trump Tower office wall. In fact, he signed copies of the magazine on the campaign trail. He had cameos in 3 Playboy videos in 2001. His wife Melania’s official White House biography even included the time she posed nude for British GQ, not her only such photo shoot. In addition, his 3 marriages and 2 divorces were New York tabloid fodder. Hell, the New York Post once ran a cover with his mistress claiming Trump was the “best sex I ever had.” He’s boasted to Howard Stern about going in contestants’ dressing rooms during his pageants. He bragged about his penis size during a presidential debate. Oh, and another porn star claimed he once offered her $10,000 for sex. And let’s not forget that he bragged about sexually assaulting women on a bus in front of Billy Bush. So Stormy Daniels telling her story of her affair with Trump won’t hurt his reputation as the total scumbag he already is.

But the fact he and his allies are willing to cut large checks to buy Daniels’s and McDougal’s silence indicates that they think these secrets are valuable. The problem with a powerful public official having valuable secrets is they can be exploited for more than just financial gain. Nobody with this kind of exposure to blackmail and manipulation by special interests or foreign intelligence agencies could get a high-end security clearance. And at least in a traditional sense, such exposure would’ve made someone ineligible for a high-level White House position (like Jared Kushner). As president, Donald Trump is exempt from the normal security procedure rules on grounds that the voters should be able to decide. Yet, that demonstrates that voters deserve to know the truth about the scope of Trump’s secrets and the lengths he’s willing to go to keep them. Based on his history, he’s at least willing to sue anyone willing to release an unflattering documentary about him, a reporter talking about his wealth, and Daniels.

A recent report from the Washington Post report that in the early days of his presidency, Donald Trump asked White House staff members to sign nondisclosure agreements vowing not to reveal confidential information, which they complied. A copy of a draft obtained by Ruth Marcus said those who violate the agreement would be subject to $10 million in penalties for each unauthorized revelation of confidential information (though she suggests that such an enormous amount didn’t make it into the final copy). It bars staff from discussing, “all nonpublic information I learn of or gain access to in the course of my official duties in the service of the United States Government on White House staff,” including, “communications . . . with members of the press” and “with employees of federal, state, and local governments.” It also forbids, “works of fiction” mentioning government operations or are based on confidential info. The agreement has no date, meaning it essentially keeps former staffers from speaking out forever. And if these were anything like the non-disclosure agreements Trump used on his campaign staff, I guess his White House staff would be prohibited from releasing anything disparaging about him, his family, or his businesses. Not to mention, ban them from citing insider material in books, memoirs, speeches, or movies. In 2016, Trump told the Washington Post, “When people are chosen by a man to go into government at high levels and then they leave government and they write a book about a man and say a lot of things that were really guarded and personal, I don’t like that.” A source told Marcus that the decision to implement the agreements came about in February or March 2017 when there was, “lots of leaking, things that just weren’t true, and a lot of things that were true and should have remained confidential.” Trump hoped to quell leaks by making sure his staff knew they could be “on the hook for some serious damages.”

Using such agreements in the White House is unprecedented and likely unconstitutional. As Marcus writes, “the notion of imposing a side agreement, supposedly enforceable even after the president leaves office, is not only oppressive but constitutionally repugnant.” Attorney Debra Katz told the Washington Post, “The idea of having some kind of economic penalty is an outrageous effort to limit and chill speech. Once again, this president believes employees owe him a personal duty of loyalty, when their duty of loyalty is to the institution.” Unlike employees in the private sector like those in the Trump Organization, White House aides have First Amendment rights under their employer, the federal government. Then there’s the conflict with federal laws like the Freedom of Information Act, which requires the preservation and public release of government information, including email communications, schedules, and other information about high-level employees.
The Presidential Records Act makes private White House communications publicly available within 12 years after a president leaves office. While federal employees can be prohibited from sharing information, that generally applies to what’s classified or otherwise sensitive. If a White House staff leaks to the press, the cure’s firing not suing. Still, if you don’t think Trump won’t try to use the NDA to silence staffers, Cohen has sued Stormy Daniels for $20 million over violating hers 20 times. Even if they don’t think they’re legally enforceable. They are meant to intimidate government employees to remain quiet or else have a good lawyer on hand if they choose to speak out against the Trump administration. After all, Trump has fired Rex Tillerson as his Secretary of State who called him a “fucking moron,” behind his back.

Nonetheless, if Donald Trump’s history is anything to go by, he has a broad discretion on what constitutes a confidentiality breach. Trump Organization employees are restricted from publicly disclosing information, “of a private, proprietary or confidential nature or that Mr. Trump insists remain private or confidential,” according to the document. They’re also required to return or destroy copies of any confidential information at Trump’s request. The company nondisclosure agreement is binding during employment “and at all times thereafter.” Trump’s confidentiality agreements stipulate that disputes be handled by the American Arbitration Association with the result it keeps legal matters out of court and information out of public view.

However, public court documents show that Donald Trump is aggressive in targeting anyone divulging information about him or his businesses. In 1992, he famously sued ex-wife Ivana for $25 million on claims she violated their divorce decree’s nondisclosure portion. The lawsuit stemmed in part from a Harry Hurt romance novel called The Lost Tycoon, which her ex-husband claimed was based on their marriage. In 1996, Trump sued New York businesswoman, Barbara Corcoran for her New York magazine comments he claimed violated a confidentiality agreement. In 1999, he withheld an alimony payment from ex-wife Marla Maples for violating a confidential agreement between them when she told a British newspaper, “If he is really serious about being president and runs in the general election next year, I will not be silent. I will feel it is my duty as an American citizen to tell the people what he is really like.” In 2002, Harper Collins shelved a volume of Maples’ tell-all, most likely because Trump blocked its release. In 2013, his Miss Universe pageant sought and won a $5 million judgement against a former contestant, accusing her of disparaging an event by claiming it was rigged. The judgement hung on the contestant contract’s fine print barring participants from doing or saying anything bringing, “public disrepute, ridicule, contempt or scandal or might otherwise reflect unfavorably” on Trump or a list of businesses associated with the pageant. In 2016, he campaign aide Sam Nunberg’s for $10 million over his non-disclosure agreement.  And this month, Trump’s lawyer threatened Steve Bannon with a lawsuit for comments he made to Michael Wolff.

While the inclination to try to stay serious and talk about guns, trade, Medicaid or drug overdoses rather than Donald Trump’s affairs with porn actresses and Playboy models is understandable. But the American people have a right to know whether Trump, his associates, and the businesses he controls violated campaign finance law. We also have the right to know whether he habitually cuts large checks to buy ex-lovers’ silence and how broadly susceptible to blackmail or other forms of manipulation he may be. A responsible Congress would investigate these matters. The fact the current Republican majority is so invested in turning a blind eye to all sorts of Trump misconduct that it doesn’t even occur to anyone that these investigations will happen. At least until midterms. But Robert Mueller is already investigating Trump’s team, but on different grounds. And there is some overlap between the Daniels’ case and the Russia investigation in terms of personnel and subject matter. Cohen is an important figure is both stories. Not to mention, the alleged “pee tape.” It would be at least reasonable for Deputy Attorney General Rod Rosenstein to formally expand Mueller’s mandate to include the campaign finance questions in the Daniels reports. Either way, Washington should stop tittering in embarrassment and recognize that there’s a serious scandal here.

Of course, I have no interest in hearing Stormy Daniels’s story about her relationship with Donald Trump. I don’t want to know more about Trump’s sex life more than I already had. Nonetheless, if Daniels wants to tell her Trump story, I believe she has every right to. Especially since Trump is now president. Yet, we shouldn’t forget about all the other Trump stories such as his rampant wage theft, his Trump University scam, his egregious business practices, his business dealings with shady figures, his fake charity, his bankruptcies and business failures, his ripping off consumers and cheating investors, his pathological lying, and other schemes. His history of corruption is mindboggling and really should be heard. The fact Trump uses nondisclosure agreements on people associated with him from employees to ex-lovers and wives should really alarm us. Especially if he’s known being aggressive targeting anyone willing to say what he wants kept under wraps. Trump is a man with plenty to hide.

While we’re at it, if a noxious figure like Donald Trump needs constant recourse to non-disclosure agreements, those in their current, virtually unlimited form should be banned. It is a shame that these NDAs have become increasingly common in employee-employer relationships, business interactions, and even in purely private matters as we see with the Stormy Daniels case. And they have become the legal workaround for rich people and corporations to prevent truthful criticism about themselves and exposure of their potential misdeeds. They represent a misuse of our justice system to legally coerce an unequal relationship between those who have money and those who don’t. Thus, they’re court-sanctioned extorting of a person’s silence that serves no public benefit. There is no question that NDAs enabled Harvey Weinstein’s serial predation and other employer abuses across the country. NDAs arising from lawsuit settlements can present a real public danger by preventing victims from ever speaking out about the wrong done to them. They allow a rich enough wrongdoer to use the justice system to buy the wronged’s silence. If the accused party be a sexual predator like Weinstein, financial fraudster like Bernie Madoff, or an employer endangering their employees’ health and safety like Don Blankenship, NDAs set up perverse incentives to continue such action for as long as the wrongdoer can buy silence from the courts. It’s ridiculous that mere “disparagement” of a boss or company should be legally actionable through an NDA. Why should somebody’s opinion about someone or something matter in a court?

State legislatures and courts need to drastically limit contractual NDAs to protection of legitimate business interests like trade secrets, unique business processes, or maintenance of client confidentiality in sensitive areas like medicine and law. Likewise, court settlement NDAs should be limited in cases whose exposure to the details serves no public benefit, or when the injured party may wish to guard their own privacy like in certain sexual harassment suits. Should an employee or outside party actually make injuriously false statements about someone, the injured party could still sue for libel. But they must prove that a statement is false and defamatory as well as stated with a reckless or knowing disregard for the truth. So US libel laws can’t be used to shut down free speech. But NDAs can and have as Trump’s history clearly demonstrates. Stormy Daniels shouldn’t have to sue to tell her story. Neither should anyone else connected to Trump.

A Firing of Spite

You may claim that New Yorkers may be liberal elitists who are out of touch with the rest of America. While most people in New York City view Donald Trump with open contempt, many in the rest of the US have absolutely no idea why. But despite their liberal leanings, their loathing for their fellow New Yorker in the White House has nothing to do with his politics, his supporters, or how they view the rest of the country. Even before he got into politics, New Yorkers hated him. Because Trump has lived in New York City his whole life and have way more experience with his cries than anyone else in the world. They know he’s a first-rate huckster who’s swindled workers, customers, contractors, and investors alike to enrich himself. He may be shrewd and cunning but with no morals, ethics, or any sense of responsibility for his egregious actions. They don’t see Trump as a great businessman he styles himself to be in his narcissistic delusion of grandeur. But rather a fraud whose life as a celebrity and real estate behemoth wouldn’t be possible without his privileged background and inherited wealth from his father. He doesn’t think the rules should apply to him or that he should suffer any consequences for anything he does. He constantly lies and harshly retaliates those who dare criticize or challenge him. And he’d lash out at anyone who’d say anything negative about him even in jest. But what I find most disturbing about Donald Trump is his propensity for spite.

On Friday, March 16, 2018, Attorney General Jeff Sessions fired FBI Deputy Director Andrew McCabe 2 days before his formal retirement which could cost him a federal pension. According to him, Justice Department Michael Horowitz found that in 2016, McCabe inappropriately allowed 2 top officials to speak to Wall Street Journal reporters on as story about FBI infighting over how to handle investigations into Hillary Clinton, particularly her email use as secretary of state and the Clinton Foundation. Specifically, McCabe authorized officials to push back against allegations that he had slowed down an investigation into the Clinton Foundation. According to the New York Times, the article states that the former deputy FBI director insisted his agents had the authority to investigate the foundation even if the Justice Department wouldn’t authorize grand jury subpoenas. Apparently, the inspector general’s report allegedly determines that McCabe lacked candor with internal investigators when asked about disclosures to the Wall Street Journal. That incident was under investigation as part of a broader look on how the FBI and Justice Department handled themselves during the 2016 presidential election. But McCabe lied about his authorization during an interview with the months-long probe, though he admits it as an honest mistake. That led to the FBI to recommend firing McCabe, which Sessions apparently accepted.

But the former deputy FBI director disputes this, writing in his searing statement: “The OIG investigation has focused on information I chose to share with a reporter through my public affairs officer and a legal counselor. As Deputy Director, I was one of only a few people who had the authority to do that. It was not a secret, it took place over several days, and others, including the Director, were aware of the interaction with the reporter. It was the same type of exchange with the media that the Deputy Director oversees several times per week. In fact, it was the same type of work that I continued to do under Director Wray, at his request. The investigation subsequently focused on who I talked to, when I talked to them, and so forth. During these inquiries, I answered questions truthfully and as accurately as I could amidst the chaos that surrounded me. And when I thought my answers were misunderstood, I contacted investigators to correct them.”
Andrew McCabe had resigned from his post as deputy FBI director after Donald Trump and other top administration officials publicly attacked him for months. He’s also stepped away from his responsibilities, hoping to wait to leave until his retirement date. If Trump wanted him gone, he didn’t need to fire him. He already accomplished that. Though there are real questions about McCabe’s performance at the FBI, there are deeper questions about Trump’s public vendetta against him, and the role Sessions played in his termination. He may not be innocent in wrongdoing. He made a questionable call about allowing a leak to the press during the 2016 campaign and apparently lying about it. But none of this was why Trump wanted him gone. Since it’s difficult to believe that the full weight of the presidency was focused on firing McCabe for improperly authorizing FBI officials to speak to the Wall Street Journal or even hiding it later.

Donald Trump wanted Andrew McCabe gone because of his role overseeing the Russia probe as well as his ties to James Comey, whom he loathes. He hasn’t hid the fact as he tweeted on St. Patrick’s Day, “Andrew McCabe FIRED, a great day for the hard working men and women of the FBI – A great day for Democracy. Sanctimonious James Comey was his boss and made McCabe look like a choirboy. He knew all about the lies and corruption going on at the highest levels of the FBI!” Trump thinks the former deputy FBI director is a James Comey-aligned Democrat who was biased against them (he’s not). And he believes his political appointees should protect him. Trump has carried out his vendetta with McCabe for months in public and in harshly personal terms. Nor did he pressure Jeff Sessions behind the scenes since the whole country witnessed his campaign. By 2018, his campaign had already worked since the then-deputy FBI director announced plans to retire. Therefore, the Trump administration fired McCabe not to remove him from government, but to deny him the pension he earned for 20+ years of government service. It was an act of punishment and spite, not personnel management.

Donald Trump’s fury over Andrew McCabe goes back to a long-running controversy over the latter’s wife’s allegedly compromising ties to Hillary Clinton. In 2015, McCabe’s wife ran for a state Senate seat in Virginia, with backing from the state Democratic Party and Clinton ally former Virginia Governor Terry McAuliffe. Trump and other Republicans have used the donations and Justice Department probe against McCabe to argue he was secretly harboring an anti-Trump agenda. Trump also made it personal by asking McCabe what it’s like to have a “loser” wife. The former deputy FBI director’s name also surfaced in a text message sent by FBI agent Peter Strzok, who was removed from Robert Mueller’s Russia probe over his anti-Trump bias. But Strzok mentioned someone named “Andy” in a text message with federal attorney Lisa Page suggesting there was a negative discussion about Trump in McCabe’s office. Conservative media jumped on this, implying that the deputy FBI director was part of a grand anti-Trump conspiracy. When Trump fired FBI Director James Comey in May 2017, McCabe became acting FBI director. Suddenly, a man Trump believed worked against him was leading the probe into his campaign’s connections to Russia.

Jeff Sessions’s explanation for the firing boils down to the “Integrity is our brand” mantra. But this comes from an attorney general who’s seemingly crossing ethical lines himself in making this decision. Sessions has recused himself in no uncertain terms from any questions related to the investigations into the Clinton campaign or Russia involvement during the 2016 election. But on March 16, Sessions fired Andrew McCabe for activities undeniably related to the Clinton investigation. Sure, he fired McCabe after public pressure from Donald Trump. But Trump is clearly angry at McCabe for activities related to the Russia investigation, which Sessions is also recused from. The attorney general has his personal and professional reasons to get rid of McCabe. His recusal pissed Trump off since it left him exposed to Mueller inquiries. In fact, Trump has publicly mocked Sessions for months in what is now a pressure campaign to get the attorney general to resign. Firing McCabe doesn’t just conflict with his recusal promise but it’s exactly what his boss wants from him. The former deputy FBI director’s firing is Sessions’s olive branch to a man who might fire him, coming at a time when Trump’s looking for administration appointees to can. Whatever damage McCabe has done to the FBI’s reputation is nothing compared what Sessions’s did to the Justice Department’s integrity.

This isn’t the first time Jeff Sessions has been accused of violating his recusal pledge. A watchdog group filed a complaint with the Justice Department in May that his participation in FBI Director James Comey’s firing was a violation of his pledge to recuse himself from matters involving Russia. They asked the department investigate the ordeal, issue a public report, and take additional action if deemed appropriate.

The Trump administration’s firing of Andrew McCabe is part of the cost of Donald Trump’s daily venality. As with Jim Comey’s firing last year, even when his administration makes a decision that might be justifiable on its own terms, the process by which that decision was made can’t be trusted and may be scandalous on its own. McCabe acted improperly enough that justifying his termination is possible. But Trump and Sessions acted so appallingly that it’s hard to trust the process leading to McCabe’s termination. Or to believe this was anything but an effort to punish and humiliate a perceived political enemy and to send a message to other who might investigate Trump that they do so at their peril. This is the problem when the White House is occupied by a vengeful man with nothing but contempt for institutional independence, rule of law, or government transparency. You can’t trust Trump to fairly and impartially carry out decisions like this one. So the decisions themselves can’t be trusted. In the broader sense, Trump’s behavior here looks and feels uncomfortably like the kind of purge authoritarian leaders use to clear the field of potential rivals, critics, and whistleblowers. He doesn’t need to frog-march adversaries off to their deaths to abuse his executive power, intimidate would-be informers, drive honest civil servants out of government, and silence anyone who might challenge him. He destroys his critics’ livelihoods and careers. He turns dissidents into enemies of the people. He uses his media access and public trust to smear them. The threat of his rule disappears with them, because few in government will want to challenge such ruthless power after seeing the consequences. In the words of Freedom House, Trump has, “deviated from established norms of ethics and transparency, verbally attacked crucial democratic institutions such as the news media and the judiciary, and made inflammatory and often inaccurate statements on a wide range of issues.”

In response to his dismissal, Andrew McCabe released a fiery statement, “I am being singled out and treated this way because of the role I played, the actions I took, and the events I witnessed in the aftermath of the firing of James Comey. The release of this report was accelerated only after my testimony to the House Intelligence Committee revealed that I would corroborate former Director Comey’s accounts of his discussions with the President. The OIG’s focus on me and this report became a part of an unprecedented effort by the Administration, driven by the President himself, to remove me from my position, destroy my reputation, and possibly strip me of a pension that I worked 21 years to earn. The accelerated release of the report, and the punitive actions taken in response, make sense only when viewed through this lens. This attack on my credibility is one part of a larger effort not just to slander me personally, but to taint the FBI, law enforcement, and intelligence professionals more generally. It is part of this Administration’s ongoing war on the FBI and the efforts of the Special Counsel investigation, which continue to this day. Their persistence in this campaign only highlights the importance of the Special Counsel’s work.”

Like his former boss, McCabe kept memos including details on his interactions with Donald Trump, Comey, and other topics. And according to the Wall Street Journal, he gave the memos to special counsel Robert Mueller. It’s not clear that McCabe was worried about Trump lying to him like his boss. But his memos might be able to support Comey’s claim that Trump pressured him to end the FBI’s probe into former National Security Adviser Michael Flynn. If he does that, it makes Mueller’s obstruction of justice case much stronger as well as give him even more insight into how Trump dealt with FBI leadership and if at any point he attempted to end the probe. Given that he issued a fiery statement, gave memos to Mueller, and lawyered up, the battle over his ouster is far from over.

Soon after the news of the McCabe memos broke, Donald Trump tweeted, “As the House Intelligence Committee has concluded, there was no collusion between Russia and the Trump Campaign. As many now are finding out, however, there was tremendous leaking, lying, and corruption at the highest levels of the FBI, Justice, & State. #Drain the Swamp.” Minutes later, her fired of another tweet about McCabe, “The Fake News is beside themselves that McCabe was caught, called out and fired. How many hundreds of thousands of dollars was given to wife’s campaign by Crooked H friend, Terry M, who was also under investigation? How many lies? How many leaks? Comey knew it all, and much more!” This is basically an unfounded conspiracy theory that’s become increasingly hard to track. He later added, “The Mueller probe should never have been started in that there was no collusion and there was no crime. It was based on fraudulent activities and a Fake Dossier paid for by Crooked Hillary and the DNC, and improperly used in FISA COURT for surveillance of my campaign. WITCH HUNT!” These are a slew of previously debunked allegations and misleading claims. He also accused Comey of lying under oath, questioned the existence and validity of McCabe’s memos, and criticized Mueller by name for allegedly filling the ranks of his team of prosecutors and investigators with Democrats. But while Trump and other Republicans complain about Mueller’s team’s political interests, it’s illegal to consider political affiliations when choosing who to hire, according to the FBI. As McCabe wrote in his statement, “The big picture is a tale of what can happen when law enforcement is politicized, public servants are attacked, and people who are supposed to cherish and protect our institutions become instruments for damaging those institutions and people.”

Nevertheless, Donald Trump’s firing of Andrew McCabe shows that his war with US law enforcement has entered a new phase and that he and his cronies feel more emboldened to attack Robert Mueller and others directly working on the Trump-Russia probe. In addition, it raises new fears that Trump would take the extreme step of firing Mueller, which both Democrats and Republicans claim would spark a constitutional crisis. Savannah Law School professor Andy Wright told Vox, “This is an escalation because it’s open warfare against the special counsel by name, and it’s capping off a 10-month effort to thwart the FBI and Mueller. I don’t know what happens next because we’re in uncharted territory.” On Saint Patrick’s Day, Trump’s lead personal lawyer John Dowd told reporters that Mueller’s probe should end, pointing to McCabe’s firing as a sign the whole investigation is tainted. Though he’s the same guy who told Axios in December that Trump “cannot obstruct justice because he is the chief executive law enforcement officer.” As if he hadn’t heard of Richard Nixon. And how presidents aren’t above the law as well as can be guilty of obstruction of justice. Still, the fallout from McCabe’s firing is deeply unsettling as Vox’s Ezra Klein argued, “McCabe’s firing shows how Trump has corroded the operations of the American government.” It may get worse in the coming days, especially if Trump warms up to try removing Mueller. But if he does, I hope as former CIA Director John Brennan tweeted, “When the full extent of your venality, moral turpitude, and political corruption becomes known, you will take your rightful place as a disgraced demagogue in the dustbin of history.”

Team of Cowards

On Monday, March 12, 2018, Republicans on the House Intelligence Committee concluded their year-long investigation into Russian interference in the 2016 election. They concluded that neither Donald Trump nor anyone involved in his campaign colluded with Russia. Texas Representative Mike Conaway told reporters, “perhaps some bad judgment, inappropriate meetings, inappropriate judgment at taking meetings,” but nothing amounting to a coordinated and deliberate effort working with Russians to win the White House. Though the committee’s Republicans agreed that Russia interfered in the 2016 election, they “disagree with the narrative that they were trying to help Trump.”
But do the House Intelligence Committee Republicans’ findings mean there wasn’t any collusion? Absolutely not. A US intelligence community’s January 2017 assessment clearly stated that Russia wanted Donald Trump to win. Then there’s Special Counsel Robert Mueller’s indictment of 13 Russians for working to help Trump win through sowing divisions via the internet. Some of pleaded guilty of lying to the FBI. George Papadopoulos, Michael Flynn, and Rick Gates have agreed to plea deals in which they’ll cooperate with Mueller’s team.

On March 15, Mueller reportedly subpoenaed Trump Organization documents, including some related to Russia. Though it’s not exactly clear what this subpoena covers or why Mueller issued one, it’s not hard to guess. Donald Trump has made a concerted effort to keep his finances secret. He has never released his tax returns and despite calling himself a billionaire, we have no idea how much money he makes. Recent reports also suggested that Mueller has turned his attention to some of Trump’s business activities, including his past attempts to build a Trump Tower in Moscow. In fact, CNN reported in February that Mueller was questioning witnesses about Trump’s 2013 trip to Moscow and asking about when he decided to run for president. Not to mention, Trump has a decades long history of corrupt business practices and shady associations with dictators and crooks.

In addition, the Mueller probe has expanded to include foreign business dealings from people within Trump’s orbit, most notably his son-in-law Jared Kushner. According to CNN, Mueller looked at Kushner’s efforts to get foreign investors for his family’s real estate company’s projects during the transition. The special counsel’s investigators have also asked witnesses about Kushner’s talks with a Chinese insurance company and a former Qatari prime minister. NBC News reported that Mueller’s team asked about Kushner’s conversations with potential investors from Russia, Turkey, and the United Arab Emirates. They were particularly interested whether these business talks “later shaped White House policies.” And they didn’t leave empty-handed either. Because Qatari officials claimed having evidence that Kushner coordinated with Gulf States to hurt Qatar, but “decided against cooperating with Mueller for now out of fear it would further strain the country’s relations with the White House.”

Furthermore, Democrats on the committee have consistently argued that Republicans had no real intention of finding out the truth. In one instance, they claimed that Republicans didn’t use the committee’s full power to subpoena documents or compel further testimony that key witnesses held from investigators. They also noted that Republicans never interviewed key witnesses like former National Security Adviser Michael Flynn, former Trump campaign chair Paul Manafort, and his associate Rick Gates, all of whom Mueller indicted. In addition, let’s not forget that California Rep. Devin Nunes chaired the House Intelligence Committee, despite being on Donald Trump’s transition team. In fact, he had to recuse himself for sharing Trump campaign investigation information with the Trump administration without letting ranking Democrat Adam Schiff know about it. Nor did the committee Republicans let Schiff know that they’ve concluded the investigation. Nunes also wrote a memo claiming the FBI illegally surveilled a low-level Trump foreign policy adviser, which Schiff rebuked. As Texas Rep. Joaquin Castro told Vox, “The premature closing of this investigation represents a betrayal of the American people and public trust. There is no possible way that this finding can be verified given the amount of outstanding subpoenas we have, leaving the Committee and Congress’ investigative and enforcement powers at stake.”

While the House Intelligence Committee’s investigation has been marred with hyperpartisan drama, we must understand that Republicans have spent the last year to protect Donald Trump to hold onto their power in Congress. They’ve tried to delegitimize the US intelligence community’s assertion that Russia tried to help Donald Trump win the White House. They’ve tried to delegitimize the Mueller investigation. They’ve even tried to paint the whole Russian investigation as a conspiracy between the Democrats and the FBI which it’s not. But all these efforts have failed. In fact, a day after the House Intelligence Committee ended their investigation with a no collusion verdict, leading GOP members of that panel have walked away from that claim and grudgingly admitted that the Kremlin worked to undermine Hillary Clinton and boost Trump. That’s basically a 180 from what they claimed before. Still, the GOP’s sudden retreat in their assertions about Russian meddling is a latest blow to the House Republicans’ investigation credibility, which the Democrats have derided as a partisan farce aimed at defending Trump from collusion accusations rather than uncovering the truth.

Now the Democrats aren’t above the trivial partisan mudslinging. But seeing how Republicans conducted themselves during the House Intelligence Committee, it’s difficult to disagree. Especially when it comes to Republicans rejecting a January 2017 report by the CIA, FBI, and NSA claiming that Russia was initially focused on harming Clinton but “developed a clear preference for President-elect Trump.” Democrats have also publicly detailed leads they claim Republicans should’ve pursued but didn’t. These range from whether the Trump campaign worked with Wikileaks to whether Donald Trump has undisclosed ties to Russia which can give them leverage over him. They say that Republicans should’ve forced tech companies like Apple, Twitter, and WhatsApp to provide access to messages to Trump’s campaign team sent to other aides and outside organizations like Wikileaks. They also wanted Republicans to make sure firms like Google, Facebook, and Snapchat turned over more information about Russia’s potential use of social media accounts to spread messages undercutting Clinton and boosted Trump.

There’s also a little-known Trump aide named Tera Dahl who held a senior role in his campaign and served as deputy chief at the National Security Council after he took office. Before becoming a formal campaign staffer, Dahl was part of the foreign advisory office the Trump campaign set up in April 2016 after Donald Trump announced a slew of advisers to his team, including George Papadopoulos and Carter Page. After the office’s establishment, Trump adviser Walid Phares suggested to the head that the campaign try to set up contact with foreign diplomats. Dahl was tasked with running the initiative with 2 other campaign staffers. According to them, that outreach was in part to try to preemptively sell Trump’s proposed “Muslim ban” to other countries’ leaders. Advisory team staff met with the Italian ambassador to the US and were scheduled to meet with Spain’s ambassador before senior Trump campaign officials shut down the outreach program after less than a month. Since resigning from the National Security Council in July, Dahl has largely remained out of the spotlight. But Democrats are interested in her because in July 2016, Carter Page sent her and another Trump adviser an email offering to report back on a planned trip from Moscow that month. Page promised he’d send “a readout soon regarding some incredible insights and outreach I’ve received from a few Russian legislators and senior members of the Presidential administration here.” Those Russian “insights” are precisely why Democrats want to hear from her and why they thought she should’ve been forced to testify. As Rep. Schiff said in his critique, “The Committee has reason to believe that Ms. Dahl would have insight into Trump campaign-related meetings and calls with foreign persons, including Russian officials or representatives.” Due to House Republicans formally closing their probe, we won’t be hearing from Dahl anytime soon, if ever. Guess it’s up to Robert Mueller to get this canary to sing.

We should also understand that Donald Trump ran a chaotic and disorganized presidential campaign like you’d expect by a political novice. His lack of organization, combined with unorthodox policies like attacks on traditional allies and kind words about traditional US adversaries, led most mainstream Republican operatives and experts to shy away. As a result, his campaign attracted a cast of incompetent, questionable, and/or pro-Russian characters. Russia saw Trump’s chaotic campaign as an irresistible target for Russian intelligence and repeatedly attempted to penetrate it. In fact, they successfully contacted several Trump campaign officials ranging from junior figures like George Papadopoulos to at least one member of Trump’s inner circle, Donald Trump Jr. Because Russia tried reaching out to the Trump team on so many occasions and through so many avenues, Mueller now has plenty of leads to investigate.

Though the notion of Russia attempting to influence American elections isn’t particularly new, what made 2016 stand out was the combined outreach to a potentially friendly presidential campaign and spreading fake news with the theft of Hillary Clinton’s private emails. It was a comprehensive campaign that would’ve never really worked without a campaign like Donald Trump’s in the field. Trump’s mercurial personality and heterodox policy ideas alienated much of the mainstream Republican Party and virtually all its foreign policy establishment. In fact, neoconservatives and other GOP Russia hawks from the George W. Bush administration and Mitt Romney’s 2012 foreign policy team were among the party’s loudest Never Trumpers. So with the top tier of talent unavailable, Trump had to draw people outside the GOP mainstream: people who had been marginalized either due to little experience and questionable views on race or for having surprisingly pro-Russian policy positions. Campaign aide Sam Nunberg had limited political experience and a history of racist Facebook posts. George Papadopoulos was 29 and listed the Model UN on his resume and lied about the extent of his involvement but still got to be a Trump foreign policy adviser. This would be like me getting a cab driver job despite having no driver’s license and lying about driving a toy car during my childhood. Paul Manafort’s sketchy decade-long work for pro-Russian Ukranian leader Viktor Yanukovych wouldn’t put him on any other GOP candidate’s shortlist for campaign manager. Steve Bannon ran Breitbart as a platform of the Alt-Right. Steve Miller is in his early 30s and was a buddy white supremacist in high school. Even the Trump advisers with the most impressive-seeming resumes like Michael Flynn and Jeff Sessions had unusually close ties or warm feelings about the Kremlin. This whole dynamic made Trump a candidate appear friendly for the Kremlin if he won along with several access points through staff they knew or inexperienced that the Russians tried to exploit. As former CIA operative John Sipher told Vox, “[When] Trump people are being positive toward Russia or even helping out, you almost have a perfect storm, where all the Russian efforts are coming together, and they’re seeing they have enough material to put together a comprehensive program.” Those appearing to have Kremlin ties tried tactic after tactic to gain access to Trump’s camp. Donald Trump Jr. was offered Russian assistance through his friend and Russian pop star Emin Agalarov. A group of Russian hackers involved with the Clinton email theft used the persona Guccifer 2.0 to exchange private Twitter messages with Trump political adviser Roger Stone. Papadopoulos met with a London-based professor claiming to have “thousands” of Clinton emails and a woman claiming to be Putin’s niece. Too bad for him the feds got wind of it when he drunkenly bragged about it to an Australian ambassador.

Of course, we don’t know the extent to which this lead to actual, intentional collusion between Russia and the Trump campaign or if such collusion happened at all. But the extent of the contacts makes it difficult to believe there wasn’t any. But what’s clear is the Trump campaign didn’t tell anyone to knock it off. In fact, roughly the opposite happened. Trump Jr. took the meeting with Agalarov’s representative, answering to the offer of Russia dirt on Clinton with the line: “If it’s what you say I love it.” When a “professor friend” offered Papadopoulos “thousands” of Clinton emails stolen by Russia, he didn’t report it to the FBI. In fact, he went around telling top Trump campaign officials that he wanted to set up an official Russian visit, writing in an email: “[I] have been receiving a lot of calls over the last month about Putin wanting to host him [Trump] and the team when the time is right.” We don’t know the extent to which Trump Jr. and Papadopoulos spoke for the overall campaign. But things in the Trump campaign were so disorganized that nobody told these 2 political neophytes to cut it out. Even if they weren’t authorized to talk to Russians, it would’ve been reasonable for the Russians to think they were. By refusing to tell the Russians to stop and creating a chaotic pro-Russian campaign, Donald Trump implicitly encouraged Vladimir Putin to intensify his attempts to interfere with the US election.

The House Republicans’ willingness to end their year-long investigation into Russian election meddling by rejecting the US intelligence community’s unanimous assessment presents the most tangible evidence to date that they’re going all in to shield Donald Trump from campaign collusion accusations. As Rep. Eric Swalwell said in a statement, “Instead of defending America from a future attack, the Republican response has been to constantly attack the police and intelligence officials charged with guarding our democracy.” The release of an upcoming report comes as Trump’s defenders inside and outside Congress step up their attacks on Mueller, pointing to a mound of “evidence” (much of it exaggerated, mischaracterized, or outright false) to justify his firing. By accepting that the Russians meddled but saying that they didn’t prefer Trump, Republicans aim to build a public case that there’s no need for the Mueller probe since there’s no actual evidence for collusion. Making that case means attacking the US intelligence and law enforcement who explicitly reported that Russia meddled in the US election to explicitly help Trump win the White House. Naturally, Trump and his allies have rejected the 2017 findings, partly because they believe they’re part of a broad attempt to delegitimize his surprise electoral win and prevent his administration from focusing on its policy agenda. There is also a faction of congressional Republicans who believe that Mueller’s probe is biased against Trump and that its leader needs to be fired. The fight has spilled into public view and grown increasingly ugly. But the Republicans’ willingness to retain power through any means necessary undermines Americans’ trust in government and democracy. Instead of honestly assessing Russian election meddling, the GOP prefer to brush the whole thing as a distraction. Because honestly assessing the whole thing might mean turning against Trump and losing elections. If they didn’t find any evidence of collusion, then it’s because they didn’t want to.

While the question of collusion between Russia and the Trump campaign remains, there is no question that Donald Trump has tried to interfere in the investigation. Trump has tried ordering counsel Doug McGahn to fire Mueller and later lie about threatening it to the public. He’s also brought up his former chief-of-staff Reince Priebus’s testimony with Mueller investigators during the latter’s December visit to the White House. These two interactions could fuel perceptions that Trump tried influencing both Mueller witnesses, putting him in further legal trouble. He’s reportedly asked Assistant Attorney General Rod Rosenstein about the Russia investigation and whether the guy was on his “team.” Hell, Mueller wasn’t involved in the Russia investigation until after Trump fired FBI Director James Comey, whose “loyalty” he requested. He’s also inquired Attorney General Jeff Sessions about who then-deputy FBI Director Andrew McCabe voted for in 2016. He’s asked Sessions about his “loyalty” after his recusal from the Russia probe. Trump has also publicly doubted increasingly clear evidence that Russia interfered in the 2016 election on Twitter, TV interviews, and rallies on numerous occasions. Mueller’s case against Trump looks incredibly damning as of 2018. The more Republicans defend Trump, the more they enable him to inflict damage on our democratic institutions. Avoiding to honestly assess the Russian meddling situation is not good for America, no matter what the reason.

Armed Teachers: Are you F#@king Kidding Me?

At 2:19 p.m. on Wednesday, February 14, 2018, a former student went on a shooting rampage at Marjory Stoneman Douglas High School in Parkland, Florida. When the firing subsided, 17 people were dead. 12 of the victims were found inside the school, 2 outside the building, 1 on the street, and 2 others died in the hospital. 14 others were injured and taken to local hospitals with many in critical condition. According to students, chaos ensued when a fire alarm sounded near dismissal time. The shooter started firing outside before making his way through the hallways. He wore a gas mask and used smoke grenades to start picking off people as the kids came out. One student recounted classroom windows shattering and a bullet near the shades. While hiding under a teacher’s desk, she heard 4 of her injured classmates screaming in pain. As SWAT officers escorted students out of the classroom, she saw them covered in blood. One teacher told CNN that she hid her students in a closet until law enforcement arrived. TV footage showed students running single file with their hands in the air, throwing backpacks into a large pile and huddling under trees across the street. SWAT officers entered classrooms with guns drawn and escorted shaking and crying students. Worried parents crowded around the school, frantic to know whether what happened to their child.

Arrested a short distance near a home was 19-year-old Nikolas Cruz. A former student, he’d been expelled for “disciplinary reasons” but was once a member of the school’s Junior Reserved Officers Training Corps. Some students and teachers said they knew him and that he had guns. Though a quiet kid who usually kept to himself, he was uniquely troubled since had once attended a school for emotionally and disabled students. One former classmate said Cruz would joke about shooting people or establishments. He’d talk a lot about having guns and using them in different situations. He also had some anger management issues. His math teacher told a newspaper, “We were told last year that he wasn’t allowed on campus with a backpack on him. There were problems with him last year threatening students, and I guess he was asked to leave campus.” Even the Broward Sheriff’s Office showed concerns about Cruz for more than 2 years before the incident took place. In 2016, deputies went to his home more than 3 dozen times. That September, a “peer counselor” reported that Cruz might’ve attempted suicide via gasoline, was cutting himself, and wanted to buy hunting guns. His mother Lynda said her son “wrote hate signs on his book bag and had recently talked of buying firearms.” In September 2017, his comment with his intention to become a “professional school shooter” on a YouTube video was reported to the FBI in Mississippi. After his mother’s death in November, her cousin Katherine Blaine reported that Cruz owned rifles and asked the BSO to collect them. Later that month, she called the BSO again to report him fighting with her 22-year-old son. She also shared details that Cruz, “bought a gun from Dick’s last week and is now going to pick it up.” She added that he “bought tons of ammo,” and had “used a gun against (people) before” and “put the gun to others’ heads in the past.” In January 2018, the FBI received a tip “a person close to Nikolas Cruz,” alerting them to “Cruz’s gun ownership, desire to kill people, erratic behavior, and disturbing social media posts, as well as the potential of him conducting a school shooting.”

Nikolas Cruz’s arsenal consisted of an AR-15 style rifle and countless magazines, legally purchased from a Coral Springs gun store. When arrested, he had 180 rounds of ammunition left. Given that his behavior signaled red flags and local law enforcement response, it’s clear that this guy shouldn’t be able to buy a gun like that. However, if the Trayvon Martin incident should tell us anything it’s that Florida has notoriously shitty gun laws. Martin’s killer George Zimmerman was still allowed to carry a gun despite an arrest record and a history of violence. He also got away with killing a black teenager thanks its “stand your ground” which lets a person shoot an assailant if they’re attacked in a place where they have a legal right to be and avoid criminal prosecution. Despite that Martin was an unarmed teenager minding his own business when Zimmerman went after him. Orlando Pulse nightclub shooter Omar Mateen was still able to legally purchase a Saur SIG MCX semi-automatic and a 9mm Glock handgun despite a history of domestic violence and had been investigated by the FBI twice for terrorism connections. In addition, you don’t have to be a Florida resident to get a concealed carry handgun permit from its Department of Agriculture. But you don’t need a permit or license to own a gun or even conceal carry a rifle or shotgun. Nor do you have to register a firearm either. In Florida, you can buy as many guns as you want at one time. They don’t regulate assault weapons, .50-caliber rifles, or high capacity magazines either. Hell, they don’t even require a state license for gun sellers to sell firearms. It’s easy to imagine how Cruz could get weapons from a gun store to shoot up his high school. But surely local governments can enact their own gun control rules? Actually, Florida prohibits cities and counties from doing exactly that. In fact, elected officials who dare implement new gun restrictions can be fined or removed from office by the governor.

These students experienced what will be most traumatic event in their lives. It’s no surprise that several have criticized the usual “thoughts and prayers” condolences and have urged politicians to take action to prevent more children from getting killed in shootings. Some of them have demanded stricter gun control measures, organized a group called Never Again MSD, and condemned lawmakers who’ve received contributions from the National Rifle Association. On February 17, they held a rally at Fort Lauderdale attended by hundreds. On February 20, dozens of Stoneman Douglas High School students marched to the State Capitol in Tallahassee, where they watched the Florida House of Representatives reject a bill that would’ve banned assault weapons and high capacity magazines in a 71-36 vote. More than 3,000 attended a rally at the Florida State Capitol the following day while state’s students orchestrated a mass walkout. Never Again MSD and other groups have also played in pressuring corporations into revoking their NRA sponsorships and discounts to NRA members.

But these students’ crusade has attracted considerable backlash from the NRA and its allies on the political right. Conspiracy theorists claimed they’re “crisis actors,” left-wing puppets, or just kids. Some pundits see these students’ reactions as emotional and immature, which the media is taking too seriously. As the National Review’s Ben Shapiro wrote, “What, pray tell, did these students do to earn their claim to expertise?” The NRA and its allies have also pinned mass shootings on mental health, violent media, the mainstream news, and anything else but guns. Yet, what concerns me are what the NRA and its allies propose to do to prevent mass shooting epidemic. Instead of challenging the National Rifle Association’s grip on American gun politics or an assault weapons ban, some conservatives have suggested measures like putting armed drones in schools, using Homeland security technology to create barriers against potential shooters, arming retired police and military personnel to guard classrooms, or using the same security mechanisms as airports. All these policy ideas bring the “police state” into the classroom. As someone who grew up in the wake of Columbine with transparent backpacks, metal detectors, security cameras, and morning security checks, I don’t want to encourage any of it. Some of them are utterly ridiculous, expensive and impractical. Armed drones were designed to kill, cost as much as $30,000, and would be extremely dangerous in a school setting. Even conservatives have decried the Transportation Security Administration’s ineffectiveness and heavy-handed policies (like missing 95% of weapons and explosives in 2015). Not to mention, its annual budget is $7.5 billion for 15,000 airports, let alone 98,000 public schools. Oh, according to the National Association of School Resource Officers, around 40% of public schools have at least one full-time or part-time SRO. MSD High School and every single high school in its district had one. Only 12 states have laws specifying requirements for law enforcement officials working in schools which may or may not involve preparing for mass shootings. Besides, SRO and student confrontations have increased in recent years. Metal detectors have also proved ineffective.

However, the most crackbrained idea in the NRA school of mass shooting prevention is arming teachers, which Donald Trump has endorsed even if it means paying “a little bit of bonus” to do so. Apparently, this is an extension of the “good guy with a gun” myth, which states that if more people are armed, they can stop violence before it gets worse or prevent it altogether. However, this is just a mere fantasy you see in action movies. There’s no good research on the effect of arming teachers or putting armed police or security in schools, which by itself should raise red flags. But based on the evidence we have, there’s enough to suggest that putting more guns in schools could make gun violence worse. The notion of arming teachers is so completely insane that even teachers don’t want anything to do with it.

The fundamental problem with gun violence in the United States is that there are so many guns in circulation already. As a result, it’s easier for any conflict to escalate into a form of gun violence. And that’s why the US has more shootings than its developed peers. Add more guns, you get more gun violence and more gun deaths. Sure some people have successfully defended themselves from attacks with guns. But arming more people typically does more harm than good. Apply that lesson to school, then Donald Trump’s armed teacher proposal could be downright dangerous.

The United States has way more gun deaths than other developed nations and far more guns than any other country in the world. It also has by far the highest number of privately owned guns which was 88.8 per 100 people, followed by the quasi-failed state of Yemen which had 54.8 guns per 100 people. Though mass shootings only constitute less than 2% of such deaths in 2013, the US holds 31% of global mass shooters. Of course, guns aren’t the only contributor to violence. But when researchers control other confounding variables, they’ve repeatedly found that America’s high levels of gun ownership are a major reason why the US experiences far more gun violence than its developed peers.

A 1999 Berkeley study found that the US doesn’t have more crime than other developed nations. It’s that the prevalence of guns largely drives more lethal violence. As Professors Franklin Zimring and Gordon Hawkins wrote, “A series of specific comparisons of the death rates from property crime and assault in New York City and London show how enormous differences in death risk can be explained even while general patterns are similar. A preference for crimes of personal force and the willingness and ability to use guns in robbery make similar levels of property crime 54 times as deadly in New York City as in London.” People all over the world get into arguments and fights with friends, family, and peers. But in the US, it’s much more likely that someone will get in an argument and be able to pull out a gun and kill someone. Now imagine a school scenario where some kids or teachers get into an argument while there’s a gun in class. When someone reaches for it, what may have turned into an otherwise feisty argument escalates into a fatal clash. Considering that shootings have erupted over cheeseburger and taco disputes, people can do stupid things in the heat of the moment. Americans don’t have a monopoly on arguing about stupid shit. But what it does have is an easy access to guns, making escalation much more likely. Being on the autistic spectrum, an increased presence of guns in schools is the stuff of nightmares. Arming teachers will only increase the presence of guns, which could lead to more gun violence and school shootings.

While the NRA likes to promote the idea of owning a gun as a way to defend oneself against criminals, statistics show that for every justifiable gun homicide, there were 34 criminal gun homicides, 78 gun suicides, and 2 accidental gun deaths. An FBI report on active shooter events between 2000 and 2013 found that armed civilians stopped only 3% of them. By contrast, unarmed civilians actually stopped 13% incidents. 56% of them ended on the shooter’s own initiative when they killed themselves, simply shot shooting, or fled the scene. Since there’s no good research for answers, it’s difficult to say whether more access to guns could’ve prevented these shootings. But since the US already has a lot of guns, it’s likely to make the overall gun violence problem worse, not better.

Finally, and most importantly, Donald Trump and the NRA’s comments about arming teachers suggest that this would be an easy and quick way to end mass shootings. According to a tweet last week, “History shows that a school shooting lasts, on average, 3 minutes. It takes police & first responders approximately 5 to 8 minutes to get to site of crime. Highly trained, gun adept, teachers/coaches would solve the problem instantly, before police arrive. GREAT DETERRENT!” Except that arming people doesn’t mean they can properly respond to a mass shooting. As Pennsylvania police investigator Chris Benton told ABC News, “Video games and movies, they glorify gunfights. [People] get that warped sense that this is true — this video game is exactly what I can do in real life. That’s not reality.” Multiple simulations have demonstrated that if placed in an active shooting situation while armed, most people wouldn’t be able to stop the situation. If anything, they may do little more than get themselves killed in the process. More recently, The Daily Show’s Jordan Klepper put this theory to the test in a more comedic simulated segment. As a correspondent at the time, he trained in the basics of using firearms and received a concealed carry permit valid in 30 states. He then participated in mass shooting situations to see how he’d hold up in such a scenario. He failed miserably. In his final test simulating a school shooting, he shot an unarmed civilian and was shot multiple times by active shooters and even law enforcement who mistook him for the bad guy. He never took down the active shooters. Let’s just say that he would’ve been much better off if he waited for the cops while hiding under a desk.

What gun rights activists sold on the NRA’s “good guy with a gun” fantasy ignore is that mass shootings are traumatizing, terrifying events. Without dozens to hundreds of hours in training, most people aren’t going to quickly and properly respond to mass shootings, As Advanced Law Enforcement Rapid Response Training senior instructor Cobey Briehn told Klepper, “There’s never enough training. You can never get enough.” According to an FBI analysis of active shooters between 2000 and 2013, “Law enforcement suffered casualties in 21 (46.7%) of the 45 incidents where they engaged the shooter to end the threat.” These people trained to do this kind of thing full time. Yet, nearly half of these incidents resulted in at least one officer getting wounded or killed. Teachers with limited training would fare much worse. Of course, that’s if armed personnel even respond.
Yet, Marjory Stoneman Douglas High School’s resource officer Scot Peterson was armed and trained for a mass shooter scenario. According to the NRA’s convoluted logic, this good guy with a gun should’ve been able to stop Nikolas Cruz from shooting up his school. But when Peterson heard actual gunfire, he ran towards the building but didn’t go in. Instead, he waited for 4-6 minutes until the gunshots stopped. It’s like he didn’t know whether to shit or wind his watch. That doesn’t mean that “a good guy with a gun” wouldn’t ever be able to stop a shooter. For there are high-profile cases where it’s been the case. But most findings from news organizations to The Daily Show heavily suggest that this idea often plays out very differently than what the NRA and Trump supporters envision. Sometimes that could result in more innocent people caught in the crossfire.

The research makes it perfectly clear. If the United States wants to confront gun violence, it should consider reducing the number of guns in circulation, not arming teachers. What people do with their guns at home is their business. But there is no place for guns in a public space, especially a school. While many may think that gun free zones make people defenseless in an active shooter situation, unarmed civilians have stopped 13% of mass shootings. Besides, your odds of survival in an active shooter scenario are much higher if you try to avoid getting killed like hiding in a closet or under a table. No student should have to die because some middle age white guy wants to play Rambo with a brand-new assault rifle. If he wants to play Rambo, he should buy a semi-automatic nerf gun from Toys R’ Us like his kids do. Or a super soaker. At least you won’t kill anyone with either. Oh, those guns don’t look real enough for a big, brawny tough guy? Well, use your imagination like most kids do when playing with their toys.

Arming teachers to prevent future massacres in the classroom is a ludicrously stupid idea, especially since a Georgia high school teacher blockaded his door and proceeded to shoot. According to Donald Trump and his allies, teachers should be capable of “neutralizing” “threats.” In other words, killing their students. If you’re a teacher, imagine waking up every morning knowing that you might have to take the life of a young person in your care, should the unthinkable happen. Imagine this being part of your job like assigning extra homework or detention. Should Jimmy pull a knife and you or your students feel sufficiently threatened, could you point a gun at him and shoot him until he’s dead? Even if at the risk of accidentally killing his classmates? Besides, while there are plenty of fine teachers in our nation’s public school system, you’ll also find plenty of idiots and perverts. Some white teachers may be racist who might feel threatened if a student of color acts up. Would you trust them with a gun? Some teachers may not have the eyesight or the physical capability to handle weapons. Some teachers may not be emotionally able to handle such responsibility of taking a student’s life due to nervous breakdowns. Some teachers might be irresponsible with their instruments of death that their piece might somehow end up in a student’s hands. Then what? A student getting a gun can present lots of terrible possibilities. Others may not want anything to do with guns at all. Not to mention, what if guns in the classroom keep children from attending school? There are many ways this can go horribly wrong.

It’s distressing that people in this country think putting weapons in teachers’ hands is the only way to prevent students from killing each other with guns. Yet, arming teachers is a way for these people to ensure children’s safety without making sacrifices for the greater good. And by sacrifices, I mean buying a semi-automatic they don’t need to play soldier with, give a false sense of security, and assure their toughness and masculinity. A society with armed teachers isn’t one that promotes freedom or safety. Since you’re one social faux pas or trigger away from getting your head blown off by a stranger. That is not a society I want to live in. Nor do most Americans, in that matter. Teachers shouldn’t have to pack heat knowing that they may have to kill a student in a mass shooting situation. If we want to keep students safe in school, then we need to keep guns out of the classroom.

A Slew of Indictments in Russiagate

On Friday, February 16, 2018, Special Counsel Robert Mueller filed an indictment formally accusing 13 Russian nationals and 3 companies of interfering in the 2016 Election. According to a 37-page document he released, Russian operatives working for the St. Petersburg-based Internet Research Agency used several social media accounts on Facebook, Twitter, and Instagram. Some accounts included ones like “Woke Blacks” and “Blacktivists” to urge Americans to either vote for third party candidates or sit out of the election entirely. This indictment illustrates the lengths a Russian troll farm went to inflame racial tensions through operating several social accounts intended to discourage African Americans from voting in the election. In accounts targeting Trump supporters, operatives reputedly stoked voter fraud fears with already debunked claims in the lead-up to the presidential election. Such claims included an allegation that ineligible votes helped Democratic candidate Hillary Clinton in the Florida primary and that she stole the Iowa Caucus. As Vox’s Jennifer Williams explains, these indictments serves as the “federal government’s most detailed public description of just how far some Russians were willing to go to help Trump win the presidency — and of the kinds of tactics they could use to meddle in this fall’s midterm elections as well.”

The indictment also explicitly states that the Russians were posing as Americans while communicating with “unwitting” Trump campaign members. Thus, so far, we can’t determine that anyone in the Trump campaign knowingly colluded with the Russians indicted. Nor can we say that the Russian government or Vladimir Putin directed, funded, or carried out this operation. Nor does it say the interference had any effect on the 2016 Election. In a way, the of evidence pertaining to Russian collusion bolsters core arguments Donald Trump and his cronies have made for months denying any Russian collusion or meddling during 2016.

Nevertheless, the indictment doesn’t necessarily clear Donald Trump from any Russian shenanigans whatsoever. For it outlines a vast conspiracy by Russian operatives to help Trump win the election, involving thousands of fake social media accounts and numerous staged pro-Trump rallies in multiple states across the country. In fact, the document’s sheer magnitude and acute attention to detail of the 13 Russians and 3 companies indicted shows just how much investigative muscle the Mueller probe really has. So if there’s anything to find on Trump and his associates, Mueller can do it.

Unfortunately, none of the 13 Russians and 3 companies will probably never see an American courtroom. But the indictment will stand so far as the federal government’s most detailed public description of just how far some Russians were willing to go to help Donald Trump win the presidency. In addition, it shows the kinds of tactics they could use to meddle in this fall’s midterm elections as well. Robert Mueller’s 13 Russian indictments makes it difficult to deny Russian involvement in our election even if Donald Trump and his allies will still deny collusion. To be found guilty of collusion or conspiracy to interfere in our elections requires “knowledge” and “intent.” So the term “unwittingly” lets Trump and his cronies off the hook for now. However, the indictment makes it much more difficult for Trump to fire Mueller or Deputy Attorney General Rod Rosenstein without risking another nail in any “obstruction of justice” charge. Besides, the indictment pretty much shows that these Russians wanted to get Trump elected from the very start as well as worked hard to get him elected. And it indicates that people close to Trump might’ve assisted in the process. Given the polarized political environment, Mueller has good reasons to avoid contentious allegations now. Yet, that didn’t prevent him from unsealing a guilty plea by a “witting” American co-conspirator on the same day. So there’s more behind this Russian indictment than an innocent mistake.

To complicate matters further, on Monday, February 19, 2018, Robert Mueller released an indictment targeting Alex van der Zwaan, a Dutch attorney based in London, for lying to the FBI. van der Zwaan’s connection to the Russian case runs through former deputy Trump campaign chair Rick Gates who Mueller indicted in October on charges of money laundering and illegal lobbying. Though you wouldn’t know much about that since his boss Paul Manafort was indicted on the same thing. Despite that the connection mainly deals with an internal Ukranian political dispute from more than a decade ago, it nonetheless state some interesting things about the Russian investigation.

In the early 2010s, van der Zwaan worked in the London office of the corporate law firm Skadden Arps, while his worked focused on the former Soviet Union. At the same time, Manafort and Gates were working for Ukranian President Viktor Yanukovych, a Kremlin-backed leader with dubious democratic credentials. He was in a power struggle with another prominent Ukranian politician, which he decided to solve by jailing her in the fall of 2011. Manafort and Gates’s job was to run cover for this clearly undemocratic prosecution. So they retained a team from Skadden Arps which included van der Zwaan to create a “report” conveniently concluding that there was no political motive for locking her up (except there was). Unsurprisingly, this was a huge deal in Ukraine but obscure everywhere else. Manafort and Gates continued to work for Yanukovych until the spring of 2016. van der Zwaan moved on to other things like marrying Ukranian-Russian billionaire’s daughter last summer.

But the van der Zwaan honeymoon wouldn’t be a happy one thanks to Bob Mueller’s probe. While looking into Manafort and Gates’s Kremlin ties, Mueller’s team started investigating the Skadden Arps report. As the indictment recalls, FBI agents personally questioned the Dutch attorney in November 2017 about his communications with Gates and an unidentified Person A. van der Zwaan told them that he last interacted with Gates in August 2016 via an “innocuous text message” and that he hadn’t spoken to Person A since 2014. As the indictment indicates, this is a lie for van der Zwaan was secretly communicating with Gates and Person A on the Skadden report. Because, the indictment reveals that, “In or about September 2016, he spoke with both Gates and Person A regarding the Report, and surreptitiously recorded the call.” Also, it alleges that van der Zwaan deleted an e-mail between himself and Person A sent around the same time as those conversations. Though he told the FBI that he “did not know” where the email was.
So what does this have to do with the Trump campaign? Well, in August 2016, Paul Manafort resigned as Donald Trump’s campaign manager. Mostly because of his ties to Yanukovych, particularly on an alleged off-the-books payment. Yet, Gates hung on the Trump team. This was weeks before the conversation between Gates, Person A, and van der Zwaan. If Gates and the Dutch attorney were discussing the Skadden Arps report in September 2016, and van der Zwaan felt the need to lie to the FBI about it, it suggests that there may have been something criminal about the report’s production. Or at least something whose release would be politically damaging. At any rate, it helped Mueller build a case strong enough that Gates struck a plea deal with him and would testify against Manafort. As Manafort’s longtime assistant, Gates may well have damaging info on his former boss, who’s one of the most pivotal players in the whole Trump-Russia scandal. It’s likely that van der Zwaan might be the first domino in a chain of events that could lead to a major breakthrough like a Manafort conviction or plea deal. But for now we don’t know where the Manafort case will play out. But getting van der Zwaan to get Gates to get Manafort. From there, Mueller might get vital information on Trump’s real Russian ties.

Still, keep in mind that Paul Manafort left his cushy job as the Kremlin’s favorite expat political consultant in Ukraine to run Donald Trump’s campaign. Soon after, Moscow-backed hackers transmitted thousands of stolen Democratic Party emails to Wikileaks, whose release was artfully timed to make trouble for Trump’s Democratic opponents. These became the basis of Trump campaign rhetoric in the months before Election Day in 2016. Some emerging conventional wisdom in Washington remains that there’s little to believe Mueller’s ongoing probe will prove much of interest. But to brush off any notion of high-level cooperation between Trumpworld and the Russians needs a much greater suspension of disbelief than assuming Trump collusion with Russia. You have to dismiss that no one from Moscow thought to consult with Manafort about how to help a pro-Russia win an election in the United States. Despite that Manafort received millions of dollars for his expertise to help pro-Russia candidates win elections in Ukraine. You have to think Donald Trump Jr. didn’t discuss collaborating with Russians on obtaining and disseminating anti-Hillary Clinton dirt. Except that Trump Jr. was both in touch with Wikileaks and openly enthusiastic about the idea and met with Russians on this very topic. You’d have to think that Trump’s specific and public call for Putin to hack Clinton’s emails was completely random. Despite that Trump didn’t deliver it that way. Trump-Russia skeptics might assume a series of bizarre coincidences complete with a massive cover-up for no particular reason. Yet, let’s state the obvious. Donald Trump has gone to extraordinary lengths during his time in office trying to stymie or discredit rigorous investigation into the Russia matter. Why? The most likely explanation is that he’s guilty of serious Russian-related wrongdoing. Sure many might think he’s a moron or he’s guilty of some other serious shenanigans that he fears the investigation will uncover. But it’s most likely that things are exactly as they seem is that Trump’s acting guilty because he’s guilty.

The political media in the United States is far too willing to paint a picture of Donald Trump as an idiot since his knowledge of government is severely lacking to pass an 8th grade civics test, let alone lead the country. However, everything in Trump’s record suggests a cunning, ruthless, and, in many ways insightful man. The means he used to get himself out of bankruptcy and make his big Atlantic City comeback were downright dishonest and shady but also quite clever. How he reinvented himself as an asset-brand licensor was incredibly successful, as was his career as a reality TV host. For years, he’s used lawyer Michael Cohen and a relationship with a major tabloid conglomerate to keep his affairs hushed up and manipulate the public’s perception of him. Finally, he entered the 2016 GOP primary with little fundraising, no political experience, and minimal organization but wiped the floor with everyone. Though not an evil genius or criminal mastermind by any stretch, when Trump keeps doing something, it’s probably for a reason. Still, he has more in common with the likes of Count Olaf or Scar than Forrest Gump. Scar may know how to manipulate the hyenas into carrying out his plot to take over the pride lands. But once he’s king at Pride Rock, his mismanagement causes everything to go to hell. Count Olaf may never fool the Baudelaire children, but he can successfully deceive almost every adult in their lives and evade justice so he could torment the kids another day. Trump may not know how to govern, but he certainly knows how to dupe, I mean convince people into voting for him.

It is more likely than not that some Trump cronies coordinated with some elements of political strategy with the Russian pro-Trump information operation with Trump’s tacit or explicit approval. In exchange, they signaled openness to Russia-friendly policy changes with Russia. The reasons are the following:

  • Many of the Russian government’s political interventions are clumsy and inept. But the 2016 Wikileaks email drops were well-executed and well-timed to step on 2 major stories like the Democratic National Convention and the Access Hollywood tape. Maybe the Russians got lucky. Or that expert American operatives helped them, which is far more plausible.
  • Paul Manafort’s expertise is in American and foreign electioneering. He helped Ronald Reagan and George H.W. Bush win presidential elections. After that, he moved into lobbying and took his political skills abroad. He spent a decade giving political advice to a Russian proxy party in Ukraine. So it’s not like the Russians would have no idea who to ask, or that no one on the Trump team was comfortable with the idea of working with Russia.
  • Due to Donald Trump Jr.’s infamous, “if it’s what you say I love it” email, Trump’s own son and son-in-law were eager to collaborate with the Russian government in the 2016 election.
  • During the transition, Trump’s National Security Adviser Michael Flynn was very eager to conduct talks with Moscow about warming relations. Jared Kushner also tried to create some kind of secure backchannel line of communication to Moscow that would be impenetrable to American intelligence.
  • Donald Trump’s firing of FBI Director James Comey was exceptionally risky. After that backfired, he took repeated stabs leaning on Attorney General Jeff Sessions and/or Deputy Attorney General Rod Rosenstein to resign, which would give him direct control over Mueller. For God’s sake, Trump appeared on NBC News explaining how he improperly used his powers to remove the FBI director in order to shield his cronies from criminal scrutiny.
  • Donald Trump’s allies on the House Intelligence Committee and the Senate Judiciary Committee have tried to help him with various attacks on the FBI, the Justice Department, and the whole idea of an inquiry rather than by constructing some plausible alternative narrative explaining all the weird shit referenced above. Remember Devin Nunes had to recuse himself for being too chummy with the Trump White House? Or how Dianne Feinstein released testimony despite Republican senators’ objections?
  • Donald Trump wanted to fire Robert Mueller as early as last summer.

Despite Trumpworld’s reputation for leaks that’s led to amazing pieces of journalism, Donald Trump is very good at keeping secrets. We’ve never found out what’s in the guy’s tax returns or how the decision was made that whatever is on them is more damning of Trump’s shady behavior. Actually despite calling himself a billionaire, we’re not even sure how much money Trump makes. We don’t know why he fired Flynn or whether he knew about staffer Rob Porter’s domestic abuse allegations. We don’t know why Trump handed some choice Israeli intelligence to the Russian foreign minister. Trump is the least transparent candidate of all time and is running one of the least transparent administrations on record. Hell, there’s plenty of dissembling and fabrication about whether Trump is golfing on any giving weekend. One result of unprecedented secrecy is an unprecedented volume of disclosures. But even that doesn’t mean we have an unprecedented level of insight into what’s going one with Trump or his operation. Especially since congressional Republicans’ totally abdicated Congress’s normal oversight functions, Mueller’s inquiry is essentially our only lens into some very murky terrain.

But perhaps this will prove wrong and the Mueller investigation will uncover nothing noteworthy save crimes committed by Flynn along with Manafort and Gates, and a handful of lesser players while exposing Donald Trump and his entire senior staff as habitual liars of criminal and national security importance. Oh wait, Mueller’s already accomplished that but he’s far from finished. Nonetheless, whether or not Trump explicitly or tacitly agreed, he entered office with a pro-Russia foreign policy agenda. If not, then he wouldn’t have made Flynn his National Security Adviser or Rex Tillerson his Secretary of State. Only the investigation appears to have thwarted this, pushing Trump to maintain broad continuity with prior American foreign policy. Still, the mere suspicion of illicit collaboration between the Trump campaign’s highest-ranking members and the Russian pro-Trump information operation is well-founded. The ongoing investigation has steadily revealed considerable evidence. There’s no reason for anyone to preemptively exonerate Trump, when suspicion’s been validated at every turn.

Of Applauses and Military Parades

On Tuesday, January 30, 2018, Donald Trump delivered his first State of the Union address in front of both houses of Congress. Of course, like the last time he addressed Congress, the media lauded at how he seemed to act presidential by reciting words off a teleprompter which you wouldn’t see in his Twitter feed. But that doesn’t change the fact he’s the hollow showman who’d rather pick fights than offer any remotely plausible solutions to any real problems. And that he shows absolutely no interest in governing or uniting the country. Nor does it change the fact he’s a narcissistic sociopath who’d sell out America and undermine established democratic norms in order to enrich himself, his Republican allies, and his 1% friends. Or how he has no respect for America, democratic principles, or the rule of law.

But what scares me most about Donald Trump is his authoritarian impulses. He sees himself above scrutiny and criticism. He sees himself entitled to countless praises from everyone without doing anything to deserve them. And as president, he thinks that anyone working in the federal government should be personally loyal to him above all else. In his mind, anyone who thinks less of him as this wonderful president who’d make America great again is an Un-American conspirator out to get him who should be crushed. Trump has called reporters who write unflattering articles about him as, “enemies of the people” and the media outlets they work for as “fake news.” He has called athletes who kneel during the national anthem to peacefully protest police brutality and racism as unpatriotic and disrespectful to the American flag. He has questioned the authority of federal judges who ruled against his policies. He has declared war on law enforcement officials and agencies investigating him whom he’s alleged as agents in some Democratic deep state conspiracy to bring him down. Despite that the key decisionmakers in the Russian inquiry are all Republicans, including his own hand-picked deputy attorney general Rod Rosenstein.

On Monday, February 5, Donald Trump addressed a crowd in Cincinnati in which he decried how congressional Democrats didn’t stand and applaud for him during last week’s State of the Union. “They were like death and un-American,” he said. “Un-American. Somebody said, ‘treasonous.’ I mean, Yeah, I guess why not? Can we call that treason? Why not? I mean they certainly didn’t seem to love our country that much.” Trump loyalist may dismiss this incendiary sentiment as nothing but a joke. After all, he didn’t say refusing to give him a standing ovation was treasonous. He just merely agreed with people who said it was. And like many things Trump says in his tweets, there’s a tendency to shrug it off.

But Donald Trump’s casual allegation of calling the Democrats’ behavior “treasonous” should be taken very seriously. Merriam Webster defines treason as “The offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance or to kill or personally injure the sovereign or the sovereign’s family.” In Article III Constitution: “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” Of course, treason can be punished by life in prison or death. Joining an enemy army because you didn’t get the promotion you deserved is treason. Splitting off from your country so you can subjugate black people to forced labor is treason. Giving out secrets to the Russians after World War II is treason. Refusing to stand or applaud the State of the Union when a president thinks you should is neither treasonous nor Un-American. If it was, then you can easily say that congressional Republicans were treasonous whenever they sat on their hands while Barack Obama touted his accomplishments in office to the Democrats’ cheers. Same when it came to every president before him.

Nevertheless, when Donald Trump links a refusal for a standing ovation to a president during a State of the Union address as “treasonous,” he’s implying a far more unsettling message. What Trump really meant in Cincinnati is that dissent was traitorous and/or un-American. That if these non-clappers really loved their country, they’d be applauding when he touted how low black unemployment had dipped under his presidency. Despite that his touting of historically low black unemployment was a cherry-picked fact based off a single month’s economic report which totally lost relevance when the black unemployment numbers trickled up in January. Besides, even if he did reduce black unemployment to historic lows, that wouldn’t make any difference to the Democrats. Because Trump has pissed plenty of Democrats off through his divisive and incendiary rhetoric. Not to mention, his pandering to white supremacists as well as his assaults on healthcare, education, the environment, civil rights, workers, and the poor. Then there’s his disregard for democratic norms and the rule of law as well as his attacks on American institutions like law enforcement and the press.

Still, even the mere suggestion of criminalizing dissent should trouble any fan of democracy. The right to dissent without fear of retribution is at the heart of what differentiates the United States from authoritarian countries around the world. In fact, it’s even protected by the First Amendment of our constitution. As US Senator Tammy Duckworth tweeted, “We don’t live in a dictatorship or a monarchy. I swore an oath—in the military and in the Senate—to preserve, protect and defend the Constitution of the United States, not to mindlessly cater to the whims of Cadet Bone Spurs and clap when he demands I clap.” When a president floats the notion of no applause when it was appropriate, it sends a very powerful message to the nation about how we do (and should) deal with those disagreeing with us. Doesn’t matter if Donald Trump was joking or not. And whether you agree with President Pussygrabber or not, it sends a very terrible message. What the Democrats did during Trump’s State of the Union wasn’t unprecedented and was well within their rights. To say otherwise, is un-American and destructive.

Then there’s a recent report from the Washington Post, in which an anonymous military official claimed that Donald Trump requested that the Pentagon begin planning a military parade this year along the inaugural route between the US Capitol to the White House. According to the paper, Trump was inspired by a 2017 to France for Bastille Day which traditionally features one. “The marching orders were: I want a parade like the one in France,” the official said. “This is being worked at the highest levels of the military.” Excuse me, but doesn’t there seem to be something a bit despotic about this? Because save for winning wars, holding military parades is what armed forces in dictatorships to show they’re not to be messed with like in Russia, China, and North Korea. Still, this isn’t a new interest of Trump’s since he wanted military equipment and a flyover for his 2017 inaugural parade. Of course, Press Secretary Sarah Huckabee Sanders confirmed the event in the works, “President Trump is incredibly supportive of America’s great service members who risk their lives every day to keep our country safe. He has asked the Department of Defense to explore a celebration at which all Americans can show their appreciation.” Oh, what a load of shit. Trump is a man who dodged the draft thanks to his rich daddy, called POWs cowards, had disabled veterans chased off of Trump Tower, promised to donate $6 million to vets but didn’t, set up a fake veterans hotline, attacked a Gold Star family for being Muslim, and told a grieving serviceman’s widow that her husband, “knew what he signed up for.” They say that Trump wants a military parade to show honor America’s service members is ludicrous. He doesn’t give a shit about the brave men and women who’ve served this country other than as props in his displays of patriotic pageantry. But Trump is a president who’s openly praised a number of totalitarian leaders like Russia’s Vladimir Putin and Turkey’s Recep Tayyip Erdogan. He’s openly questioned his own Justice Department and FBI, suggesting there was a conspiracy at the highest levels wanting to weaken him. He’s worked tirelessly to disqualify the idea of an objective news media. He constantly says things that aren’t true and has an administration coining the term, “alternative facts.” Not to mention, he has a tremendous ego and perhaps to top the kind of military parade he saw in France. Because to him, might makes right and he with the biggest toys wins.

However, when the toys are tanks and missiles, no one’s really sure what “winning” looks like as the stakes go up. Donald Trump is either unaware or dismisses this concept. He also doesn’t seem to care about the kind of message a parade of tanks, guns, and other military playthings through the Washington D.C. streets sends to the rest of the world which will watch. Meaning we’ll probably get a military parade in Washington because Tiny Hands gets what he wants whether or not it’s good for the country. Our soldiers and weapons aren’t toys for Trump to parade around to compensate his fragile ego. Still, if there’s anything un-American it’s an unpopular president holding a military parade because other countries get to do it.

Nonetheless, if there’s anyone who’s betraying the nation, consider the guy who’d deliberately and systematically wreck the institutions guaranteeing the separation of powers and accountability of the Executive and Legislative branches. Think of the guy who’d subvert the rule of law to protect himself, his family, and his cronies from justice. If you’re looking for a man who’d betray the Founders’ glorious vision and our Constitution, look no further than the clown who heads this White House circus. I mean the very man who swore to uphold the Constitution and obey the laws of the land, but ignores them and attacks those who’d carry them out. Sure, there have been presidents who’ve failed, strayed, and fell to weakness. And we can remember presidents from both parties who no one could even imagine betraying the nation to a hostile foreign power. Not this man. And we don’t have to imagine it either. We can see it. Trump’s unashamed schmoozing with Vladimir Putin speaks for itself as he allows Russia attack our democracy, our Republic, and our institutions. Only Trump and his sycophants question Putin’s implacable hostility, aggression, and desire to divide and disrupt this country. That Putin wants to weaken our standing, diminish our power, and harm our interest in the world is stated Russian policy. When Congress sent Trump veto-proof legislation demanding he impose sanctions on Russia, he waited until the last second to impose, well, nothing. When Putin arrested campaign opponent Alexey Navalny on fake charges, His Hind-Ass remained silent. For some reason, Trump is determined to show he’d do anything, at any time, to please this Russian authoritarian. He’ll even tear down the United States government around him to hide from accountability, wreak alliances, compromise intelligence sources, and endanger our troops to please Putin. Let us strip away all the excuses and rationalizations and just call Trump’s actions on Russia, what they are: treason.

 

The Snowflake Court Smears the FBI

Since Donald Trump became the GOP’s leader, there seems to be no limits to how far the Republicans will go to protect and defend him. Even if it means discrediting longstanding institutions trying to do their job. On Monday, January 29, 2018, Republicans on the House Intelligence Committee to release a memo painting the FBI and the Justice Department as being biased against Trump so much that people in both agencies have conjured up an investigation into his ties with Russia to take him down. Not surprisingly California Rep. Devin Nunes wrote the memo that reportedly frames Robert Mueller’s investigation as an FBI to hurt Trump as well as uses both Hillary Clinton and the infamous Steele dossier in establishing connections. Trump has until February 2, to declassify the report. But in the meantime, the hashtag #Release the Memo has started spreading on Twitter. We should all know Devin Nunes is the last guy you’d want to lead any investigation into Trump’s Russian connections. And that any memo coming from him stating that the Trump-Russia investigation is a mere conspiracy by law enforcement to hurt Trump is a baseless narrative. He’s a longtime Trump ally and was on his transition team. He’s defended Michael Flynn when he was credibly accused of lying about his Russian contacts last February. As head of the House committee investigating the Trump-Russia connections, Nunes “seemed to go out his way to defend Trump.” The most noteworthy example was after Trump tweeted in March that President Barack Obama had “wiretapped” Trump Tower during the 2016 presidential campaign. The heads of both the FBI and the NSA categorically denied such wiretapping took place. But Nunes quickly stood by Trump and held a press conference to proclaim that “the intelligence community incidentally collected information about US citizens involved in the Trump transition.” What this means is that some Trump personnel had been in contact with foreigners legally under surveillance, and their conversations were intercepted and collected as part of it. Unsurprisingly, this didn’t vindicate Trump’s claim of the Obama administration’s spying on his campaign headquarters. But the timing of Nunes’s press conference and the confusing way he presented made it seem he was trying to cover Trump’s ass. Then it turned out that the California congressman got his information from the Trump White House itself. National Security Council senior intelligence director Ezra Cohen-Watnick uncovered the info. White House attorney Michael Ellis who worked for Nunes prior to the Trump administration, personally delivered the information to him.

In sum, Devin Nunes released information in a way to make it seem like Trump’s claims of being persecuted by law enforcement were true and did so after secretly getting the details from the Trump White House. However, the situation became such an embarrassment that Nunes was forced to recuse himself from the intelligence committee’s investigation into Russia for 8 months during a House ethics investigation into his conduct. Apparently, these measures didn’t stick. Because when news broke out in mid-January that Nunes had been working on a secret memo on FBI surveillance of the Trump campaign, intelligence experts initially sensed a repeat of the wiretapping debacle where he misrepresented intelligence to support Trump’s political position. And in a way, it is.

But many of Nunes’s colleagues in the House saw the memo as damning proof of anti-Trump bias in the FBI. So they started the publicity campaign backed by conservative media to #ReleasetheMemo. This culminated in Monday intelligence committee vote to release it along party lines. That the Republicans would even speculate the FBI and the Justice Department being so against Donald Trump they’d set up an investigation into his Russian ties to specifically hurt him is ridiculous conspiracy nonsense. There are a lot of moving parts to what Nunes reports claiming versus what we already know. 

1. A FISA court judge reviewed evidence and approved a warrant to wiretap a Trump associate.– In fall 2016, FBI investigators applied for a warrant with the Foreign Intelligence Surveillance Court (FISA) to wiretap former Trump adviser Carter Page who has business ties to Russia and open sympathies with the Kremlin’s foreign policy. They presented evidence that he may be acting as a Russian agent and the judge approved the warrant.

2. The Core of the Nunes Argument.– Those familiar with the Nunes memo, Devin Nunes believes that the case was primarily built on the Steele dossier which was funded partially funded on behalf of the Hillary Clinton campaign and the Democratic National Committee. He then reportedly said that the investigators misled the judge by not saying they were relying on the Steele dossier. Therefore, the surveillance on Page was improperly authorized and potentially politically motivated

In reality, the FBI got its evidence from several sources and FISA warrants generally require corroboration. Carter Page was known to have business ties to Russia and open sympathies with the Kremlin’s foreign policy. While advising the Trump campaign in July 2016, Page flew to Moscow and met with Russian officials, which raises suspicions among intelligence officials. Besides, Senator Diane Feinstein’s release of the Simpson testimony reveals that the FBI investigation into Trump’s Russia ties most likely began when a drunk George Papadopoulos bragged to an Australian diplomat that Russia had dirt on Hillary Clinton. Not to mention, the DNC email hacking right before the Democratic National Convention. Thus, the FBI had taken the Trump-Russian collusion question seriously for reasons that had nothing to do with the Steele dossier.

Furthermore, while Robert Mueller’s investigation hasn’t yet proven like the vast conspiracy the Steele dossier alleges, it certainly revealed real evidence of wrongdoing. George Papadopoulos has pleaded guilty. Charges have been filed against former Trump campaign chair Paul Manafort and former National Security Advisor Michael Flynn. We’ve also learned that Donald Trump Jr. and Jared Kushner were at least eager to possibly collaborate with the Russian government into revealing Clinton’s dirty laundry, instead of reporting the existence of an active Russian intelligence effort aimed at the United States. Then there’s the fact the Steele dossier’s less explosive allegations have so far proven to be true. The FBI might’ve relied on the former British agent’s findings since he’s a respected investigator. But if it’s true, it doesn’t necessarily discredit the application.

In addition, the memo’s claims are impossible to without seeing the underlying intelligence it was based on. Nunes could’ve highlighted the FBI’s Steele citation without mentioning other, more concrete sources the agency listed. As University of Texas professor Steve Vladeck said, “The memo won’t actually answer the underlying question, which is whether there was sufficient independent evidence to support the underlying FISA application. Only the application materials can conclusively shed a light on that.

Then there’s the idea that FBI agents would act in such a way and a FISA judge would let them strikes plenty of legal experts as absurd. As civil libertarians have warned about for a long time, the FISA process can and has been abused. But this particular method of abuse requires an implausibly vast conspiracy. As former FBI agent and current Yale Law professor Asha Rangappa writes:

“The Nunes Memo reportedly alleges that at least a dozen FBI agents and DOJ prosecutors fabricated evidence, engaged in a criminal conspiracy to commit perjury, lucked out on being randomly assigned Judge Low Blood Sugar who looked the other way, and — coincidentally — ended up obtaining evidence that justified extending the initial FISA surveillance. …

“If Nunes has in fact singlehandedly uncovered this vast criminal enterprise, it’s hard to know what’s more astonishing: That a government bureaucracy managed to pull it off — or that Nunes has exposed it all in a scant four-page memo.”

3. Deputy Attorney General Rod Rosenstein is dragged into this as well.– The Nunes memo reportedly says that Rosenstein knew and approved the application for the warrant knowing they were relying on the DNC-funded Steele dossier. Thus, it would imply that the deputy attorney general has an anti-Trump bias.

In late spring 2017, the FBI petitioned to renew its surveillance warrant on Carter Page. The New York Times claims that Rosenstein personally signed off on the renewal application. As the Times writes, the reason this matters is that, “Republicans could potentially use Mr. Rosenstein’s decision to approve the renewal to suggest that he failed to properly vet a highly sensitive application for a warrant to spy on Mr. Page.” But it’s deeper than that.

The memo apparently implies that the Russian investigation is a corrupt partisan hatchet job. Bring Rosenstein into it, it also indicts the guy currently in charge of it, suggesting he’s incompetent at best and corrupt at worst. Theoretically, this can lead Trump to dismiss Rosenstein. Because he can’t fire Mueller without the deputy attorney general’s say-so. Rosenstein had already said in December that there’s no “good cause” to fire him. If he were to fire the deputy attorney general, he probably could get to Mueller. And we all know Trump wanted to fire Mueller as early as June.

In reality, we forget that the firm behind the dossier was originally hired by the conservative Washington Free Beacon in 2015. Hillary Clinton and the DNC didn’t enlist the firm until Trump’s Republican nomination became more imminent. Besides, by the time Christopher Steele turned his dossier to the FBI, the bureau had already been getting reports that there was something shady going on in the Trump campaign. Not to mention, if the Steele dossier was a purely political document, then Steele wouldn’t have turned it in to the FBI out of his British allegiance.

4. The conspiracy comes together.– So why is the Rosenstein angle important? Because if he, as a proxy for the Justice Department, can be seen as anti-Trump, then it means his hiring special counsel Robert Mueller had ulterior anti-Trump motives. Thus, meaning that the entire Trump-Russia investigation is happening because some “deep state” officials want to undermine Trump and take him down. So it’s not being conducted on its own merits.

However, if you think that Nunes’s theory relies on lots of incredible assumptions (some of which having already been disproven), you’re not alone. Assuming the New York Times’s description of the memo is accurate, there are good reasons to be skeptical. Even beyond Nunes’s personal history of misusing intelligence.

Apparently, Republicans in the House have pushed to release the Nunes memo because they believe it outlines surveillance abuses Americans need to know about. As Florida Rep. Matt Gaetz said on the House floor, “Let’s have a great debate about its consequences and the opportunity it presents to make things better, so these things never happen again.” However, FISA system experts and even civil libertarians critical of how law enforcement uses it, are skeptical. They clarify that Republicans aren’t proposing any changes to how FISA works or even suggesting that the system in general needs to reform to stop any future abuses. Cato Institute’s Julian Sanchez noted, “There’s a conspicuous lack of interest in drawing any policy conclusions from what they purportedly consider a major institutional scandal.”

Instead, the motivation seems purely political as many of the #ReleasetheMemo supporters have also called for Donald Trump to fire Mueller. They may apparently genuinely believe that the Russia investigation is a partisan witch hunt targeting Trump. Or more likely think there is there’s some political advantage gained from championing an anti-FBI crusade near and dear to Trump’s and Fox News’s heart. Either way, experts claim the motivation behind the memo’s release is very clear as a way to wage war on the Russia investigation specifically and the FBI in general. Former Defense Department special counsel Ryan Goodman told Vox, “The release of the memo, and the fabrication of a set of ideas around the memo, empowers Trump to go after the FBI. The ultimate goal is undermining the Mueller investigation. There doesn’t seem to be another reason for the president to be so obsessed with Rod Rosenstein and to be gunning for him.”

Naturally the FBI and the Democrats don’t like the Nunes memo because they think it’s full of lies. The Democrats on the House intelligence committee compiled a 10-page memo of their own. It reportedly asserts two things. First, that the FBI didn’t abuse its FISA power when requesting the Page warrant. Second, that the Nunes memo is simply an effort to help the White House discredit the Mueller probe. On January 29, Rep. Mike Quigley asked Nunes if his staffers worked on this memo with the White House. The California Republican originally answered by saying, “as far as I know,” no one collaborated. But ultimately, he refused to reply, possibly suggesting collusion. Not to mention, the House Intelligence Committee voted not to make the Democratic memo public. On January 31, the FBI released a statement strongly signaling the agency’s worry on the memo’s accuracy:

“The FBI takes seriously its obligations to the FISA Court and its compliance with procedures overseen by career professionals in the Department of Justice and the FBI. We are committed to working with the appropriate oversight entities to ensure the continuing integrity of the FISA process.

“With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it. As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.”

While it’s unclear whether Donald Trump will declassify the Nunes memo, he’s signaling he might. Though he has yet to see the memo, after his State of the Union address, he reportedly told Rep. Jeff Duncan that he’d “100 percent” make the memo public in the coming days. The next day, White House chief of staff John Kelly told Fox News that the memo, “will be released here pretty quick, I think, and the whole world can see it.” Of course, Trump’s reasons for releasing the memo are obvious. Since he’s publicly decried the Trump-Russia probe as a “witch hunt” perpetrated by rouge partisans within the FBI several times. As Cato’s Julian Sanchez told Vox, “Trump is shockingly overt about believing that the problem here is that the FBI is staffed by loyalists to the wrong person. He does, in fact, seem to think that the job of the DOJ, and the FBI, and the rest of the intelligence community is to protect the president and follow his orders — including going after his political enemies based on stuff he saw on Fox News, if that’s what he wants to do.” So Lord Cheetohead could just release the memo as an attempt to prove his suspicions correct. Yet, it can also backfire since it’s possible Nunes’s evidence presented in the memo is thin. Worse, the release fallout could lead to more leaks proving Nunes’s account wrong. That would not only hurt the conservative argument against the Russia probe but prove a self-inflicted wound.

But once the memo’s released, Devin Nunes needs to have a very good case to prove his argument, which he doesn’t. People will want to know his evidence to prove that the Mueller investigation into Trump’s 2016 campaign was entirely based on the controversial Steele dossier. The FBI will have to back up its claims that it obtained the Page warrant based on information from a variety of sources showing a probable cause he may have acted as Russian government agent. This will lead to calls to release the FISA documents, which the FBI might find easy to do if the Trump-picked FBI Director Christopher Wray would approve it. Many conservatives are calling for the memo’s release and the FISA documents’ disclosure to show the information included in the warrant application presented to the federal court judge who approved Page’s surveillance. If it’s what conservatives claim, they can proclaim they’ve uncovered a conspiracy. But if the FBI documents show that the FBI told the truth which they most likely will, the Nunes-led narrative will fall apart.

However, we must understand that the Nunes memo is part of a much larger conservative effort to discredit the Mueller investigation. Once it’s released, it’ll serve as another data point in the growing anti-Mueller movement. But it can also be used as pretext for removing those responsible for the Mueller investigation. According to the Washington Post, Donald Trump told his close advisers that the memo could give the excuse he needs to either fire Rosenstein or force him to resign. He then replace the deputy attorney general with someone friendlier to his administration and more willing to constrain Mueller, which can hurt the probe in the long run. According to Rangappa, the new deputy attorney general can effectively cripple the Mueller investigation by rejecting the special counsel’s requests to investigate more people, obtain new evidence, or pursue charges against more people. Or the new appointee could just fire Mueller. Should the Nunes memo’s allegations prove true in the highly unlikely scenario, then that could potentially delegitimize the Mueller probe and lead to the special counsel’s dismissal. Nevertheless, this is more of a political game than a legal one. So the memo’s release will just take this fight into an all-out war between Republicans and the Trump administration who want Rosenstein fired and the Russia probe shut down, and the Democrats and FBI who don’t.

There are two broad ways this political war between the Snowflake King and the FBI can go. In the first, the FBI’s brought to a heel. Donald Trump fires Rod Rosenstein and other senior FBI executives and replaces them with more sycophantic appointees. The Mueller investigation is quashed while the bureau serves more like an arm to the Trump administration than a quasi-independent agency. Of course, the implications of this scenario on American democracy are simply terrifying to think about. For who knows what Trump would use the FBI for than to go after his critics and enemies. As Sanchez told Vox, “I shudder to think what the [2020] election looks like when you’ve got a guy who says, ‘I saw Fox & Friends this morning and my opponent is a crook’ … except now you’ve got an FBI and a DOJ that say, ‘Yes, sir.’” Let’s just say, such scenario would be a nightmare if you value American democratic values, particularly free speech. In the second scenario, the memo leads to a lot of FBI-Republican skirmishing but no actual showdown. Donald Trump doesn’t either fire Rosenstein or is somehow stopped from doing so, the Mueller investigation continues unhampered, and the FBI remains untainted by political influence. There are many factors that could make the difference between the two outcomes. Two of the key ones are congressional Republicans, particularly those in the Senate along with Trump’s own staff.

Senate Republicans have been notably quieter and more restrained in attacking the FBI than their peers in the House. They also have to confirm Donald Trump’s nominees to the Justice Department. They can make it clear that if he fires Mueller or Rosenstein and tries to appoint a crony in their place, they won’t confirm his picks. What Republican senators say and do after the memo’s release could indicate to Trump whether he has enough backing to take on the FBI.

But we must not forget that members of Donald Trump’s own White House have also blocked moves to interfere with the Mueller probe. The New York Times recently reported that in Trump ordered White House Counsel Don McGahn to fire Mueller. McGahn threatened to resign than do that and Trump backed off. He was, according to the Times, concerned that firing the special counsel would incite more questions about whether the White House was trying to obstruct the Russia investigation.” If McGahn and other voices of relative restraint in the White House succeed in backing Trump away from the memo fever that will soon play out all over conservative news, or even refuse to carry out his orders, then you might see the same thing again after the memo’s released.

Nonetheless, in regards to the current antagonism between the White House and FBI, there is no good historical precedent. Never has a US president attacked so publicly attacked the FBI. Nor have congressional committees with oversight responsibilities have also never attacked the agency this way. There have been tensions between the White House and the FBI over the years, but not so publicly. Russian President Vladimir Putin rightly thought there was a chance of an ally in the White House. And he sanctioned interference in the presidential election to further that goal. Donald Trump wants to be friends with Russia but suffers from a Putin-like hubris and has been hoist by his own petard in that he can’t be friends with friends with Russia without appearing part of Putin’s conspiracy. Still, the memo scandal is a move on the White House’s behalf to tarnish the FBI’s reputation and call the Mueller investigation’s motives in doubt. Even though the man who hired Mueller was one of Trump’s own appointees.

Framing investigative developments as partisan ploys is nothing new. But here, the charges aren’t simply that Mueller is an overzealous prosecutor. It’s that the FBI tried to help throw an entire election. And the House memo seems like it’ll suggest that the FBI was implicated in an attempted coup. The memo release’s long-term significance is that it may confirm some people’s suspicions of how few in government can be trusted to act independently and honestly. Trump and the GOP’s attack on the FBI puts its independence under siege. Bringing an independent judiciary and investigative branch under the executive’s domination is one of the first moves regimes who don’t respect the rule of law. Pinochet’s Chile. Nazi Germany. The Soviet Union. Putin’s Russia. And looking at Trump’s history, the lack of respect for the rule of law is very clear. Besides the military, the judiciary and law enforcement branches are the most powerful in a state. Control and politicization of that wing allows the ruler to criminalize his opponents, and label them as enemies of the state when the those so-called enemies are really defenders of a more viable, democratic nation. This is why the Nunes memo is a threat and I don’t think Trump is above wanting to use the FBI to go after his opponents, which scares the hell out of me. Now the White House seems pressuring the FBI, but it’s too soon to tell whether that leads to the FBI significantly losing its independence. Nevertheless, if Nixon’s debacle with Watergate has taught us, if a president has secrets he wants to keep, he shouldn’t mess with the FBI.

The Insanity of the Snowflake Court

On January 20, 2017, Donald Trump was sworn in as President of the United States, which was a day that will live in infamy. Since then, he and his Republican sycophants have unleashed a series of unfortunate events which have undermined the democratic process, disrespected American values and civil liberties, and ignored the will of the American people. Not surprisingly, Trump has proven to be an incurious and incompetent executive as well as a friend to plutocrats and white supremacists. He has broken democratic norms and brought out the American ugliness that was meant to be buried all those years ago. He has alienated our allies and praised despots known to inflict atrocities on any of their citizens who dare challenge their authority. He has divided the country with his incendiary rhetoric, especially whenever someone publicly says something he doesn’t like. He has tried to delegitimize the media who’ve reported negative stories about him as “fake news.” He has surrounded himself with sycophants and crooks in his administration as well as berated and fired those not willing to put personal loyalty above all else. He has tried to undermine an investigation into his campaign’s ties to Russia. And he doesn’t care of the consequences of his actions unless they affect him personally, despite the vast damage he’s inflicted with his cruelty. Nor does he take responsibility for his callous actions. It is impossible to list the scandals, controversies, and incendiary rhetoric coming from this man or his administration.

Since 12:01 on January 20, 2018, the federal government shut down. Republicans and Democrats are still stuck in a struggle to reach an immigration deal. On January 18, House Republicans passed a bill to fund the government for 4 weeks and extend the Children’s Health Insurance Program for 6 years, after Congress had failed to reauthorize the program for the last 4 months. But on a procedural vote late on January 19, which needed 60 votes to advance the House spending bill, 45 Senate Democrats and 5 Senate Republicans rejected it. Democrats are frustrated with Donald Trump’s unwillingness to accept a bipartisan to address the nearly 700,000 immigrants in legal limbo after he pledged to end the Deferred Action for Childhood Arrivals program. And they felt of having no choice or leverage but to reject the House spending bill to force DACA negotiations. Several Republicans working on the DACA fix joined in and are angry over the inability to cut a long-term funding deal for the military. Meanwhile, Republicans have pitted DACA recipients against CHIP despite that their majority failed to extend the program. Yet, Democrats still believe they have a compelling case for DACA after Trump’s latest tirade calling some countries “shitholes” in an immigration meeting with lawmakers. But so far, there has been no easy resolution. Though Senate Majority Leader Mitch McConnell has offered Democrats a shorter short-term spending deal keeping the government open until February 8 and promised to open immigration negotiations then. Now the mad scramble to fund and reopen the government begins.

Now a federal government means that a lot of so-called “non-essential” government activities suddenly cease. Federal employees are divided into “essential” and “nonessential” groups. Nonessential employees receive furloughs like an unpaid leave of absence until the shutdown’s resolved. Essential employees also stop getting paid but still have to work. But when a shutdown’s over federal workers usually get the salaries they went without. Likewise, a shutdown usually suspends various government functions. Military, air traffic control, federal prisons, Social Security and other benefit programs aren’t typically affected. However, the Office of Management and Budget estimated that the shutdown resulted in 120,000 fewer jobs and cut economic growth by .2-.6% in the last quarter during the last government shutdown in 2013 whose effects were substantial. Tax refunds totaling $4 billion were delayed. Women, Infants, and Children nutrition program went underfunded. Federal research activities at the National Institutes of Health, the National Science Foundation, and the Centers for Disease Control and Prevention nearly shut down entirely. Environmental Protection Agency inspections halted in 1,200 locations. The Food and Drug Administration delayed approval of drugs and medical devices. National parks shut down, resulting in $500 million lost in consumer spending from tourists. And reviews of veterans’ disability applications slowed to a halt, with nearly 20,000 applications per week not being processed. So it’s a very serious matter.

It’s not unusual for Congress to go on the brink of a shutdown since it happened several times in Trump’s first year of office alone. But failure to actually make the deadline is rare. But since the federal government has shut down, Congress has to pass a spending bill. They have 3 options. First, they can pass the appropriations bills in an omnibus which crams 11 of these together into one spending package. Second, they can pass a “continuing resolution” funding government at its current levels to buy more negotiating time for the actual appropriations bills. Or third, they could pass a “CRomnibus,” which combines the two as well as extends the deadline on certain more contentious appropriations like the Department of Homeland Security and passing a spending bill on the rest. Though McConnell has proposed another CR, Democrats voted one down amid stalled immigration negotiations, which have recently intensified after months of inaction. So it’s unlikely they’d vote without some agreement on DACA’s future. Still, Donald Trump and the Republican leadership keep engaging hardline immigration hawks showing no interest in compromise. And his Orange Hind-Ass has reportedly told Senators Tom Cotton and Mark Meadows that he won’t support a proposal without these hardliners’ blessings. For Democrats, this is a serious red flag since their votes are needed to pass anything on immigration, which Republicans want kept out of the spending talks.

Naturally, both parties have spent the last few days trying to set up the other side to take the blame for the shutdown due to budget impasse. Republicans have made plans to force vulnerable Senate Democrats to take uncomfortable votes. Democrats claim that since Republicans control both houses of Congress and the White House, not keeping the government open is their fault. At the same time, Republicans accuse Democrats of withholding needed Senate votes to press a resolution to the immigration debate impasse, even at CHIP’s expense. Of course, that’s ridiculous since Congress could’ve easily resolved the whole CHIP thing months ago. However, the truth is that Republicans didn’t even have the votes to keep the government open on their own. Yet, Democrats weren’t going to let the government remain open without a DACA deal even if Republicans had the votes. Nonetheless, after Lord Cheetohead blew up the DACA talks in the “shithole” meeting, they felt they had no choice and saw the spending bill as the best leverage. For both parties know that tying a DACA deal to a spending bill was the only way to assure its success. Because immigration hawks want to blow up such a deal from a bipartisan group of senators. So the hardliners and Republicans have dug in while Democrats have decided that now is the time to force the DACA issue. So the government won’t open until one side feels the squeeze and blinks. And it could’ve been avoided had Hamsterhair accepted the bipartisan DACA deal in the first place.

We need to remember that Donald Trump set the current crisis in motion last September when he revoked Barack Obama’s executive order protecting DREAMers from deportation. But he offered no guidance about what he wanted to happen next other than Congress to do something. His lack of clarity has emboldened the GOP immigration hardliners while raising immigration reformers’ hopes for a deal. Unfortunately, Trump’s intervening behavior ruined everything and left everyone feeling he might screw over at any moment. Nobody is exactly sure who’s shutting down the government or what the White House is trying to achieve by rejecting a bipartisan proposal that would’ve averted one. The country has mostly coped with Trump’s inability to do his job through outsourcing governance to congressional GOP leadership. But congressional Republicans are less unified while Trump is more invested in immigration than on most issues. So his actual personal leadership as president is critical for moving the system forward. However, the mere fact that these circumstances require Trump to act like a real president doesn’t change the fact he’s a lazy, ill-informed conspiracy theorist prone to tweeting cryptic statements about delicate issues from Fox & Friends segments.

As a candidate Donald Trump loudly, frequently, and obnoxiously promised to “build a wall” on the US-Mexican border and “make Mexico pay” for it. Of course, these ideas never made any sense since Mexico would never pay for such a thing. But once Trump won the election, turning them to actual policy imperative became important to the overall Republican Party. And the White House got behind the conceit that Congress could reserve funds for it that Trump would assert was some kind of advance on the nonexistent future Mexican repayment. But this left the problem of actually getting the money since congressional appropriations require 60 Senate votes. Not surprisingly, many Republicans were lukewarm on the wall all along. Thus, Trump was considering forcing a government shutdown to try to get his way. In May 2017, he tweeted, “The reason for the plan negotiated between the Republicans and Democrats is that we need 60 votes in the Senate which are not there! We…. either elect more Republican Senators in 2018 or change the rules now to 51%. Our country needs a good “shutdown” in September to fix mess!” Obviously, this was a bad idea and other Republicans seemed to have talked Trump out of it. But the problem of getting Democratic votes for the wall remained. One natural way would give Democrats a big legislative win of their own. Yet, since a lot of congressional Republicans weren’t very excited about the wall, they’d revolt over giving away policy concessions of any real value. Then came an idea of canceling DACA allowing Trump to generate new leverage and give concessions on the DREAMers in exchange for wall money and leaving Republicans no worse off than they were before.

Unfortunately, Donald Trump has deeply hawkish views on immigration thanks to his personal and ideological racism as well as deeply ill-informed on all subjects aside from the art of the con. Besides, the basic problem with a DREAMers-for-wall swap is that the wall is a phenomenally stupid idea that wouldn’t accomplish anything to reduce immigration to the United States. Also, walls to keep people out or in have been tried countless times in history and have failed to do so. Not to mention, the billions of dollars spent to maintain and guard it which would make a wall a colossal waste of money. And if legislative DREAMer protections ended up creating a path to citizenship, it might actually result in increasing immigration since the new citizens could sponsor visas for relatives. Thus, better-informed immigration hawks like White House senior adviser Stephen Miller and Sen. Tom Cotton began working with Chief of Staff John Kelly to avoid the kind of deal Trump had repeatedly suggested and even at times explicitly agreed to in general terms. While hawks successfully scuttled a deal by souring Trump on a bipartisan compromise by Sens. Lindsey Graham and Dick Durbin, they haven’t introduced any plausible ideas of their own.

However, instead of negotiating positions, immigration hawks have produced a comprehensive wish list for entirely transforming the American immigration system to a tiki torch wielding white supremacist’s delight. They want billions of dollars in new border security along with the full RAISE Act vision of cutting legal immigration in half while ending family and diversity visas in favor of an exclusive focus on job offers and educational attainment. This is what Donald Trump means with his various asides about the perils of “lotteries” and “chain migration.” Consequently, there’s just no way Democrats will agree to these changes as the price for helping the DREAMers. There’s just a total disproportion between these demands’ scale and the DACA issue’s significance. To get sweeping changes in the immigration system enacted, conservatives would need to come to the table with some kind of help for the entire long-settled undocumented immigrant population. Like the kind of comprehensive immigration reform they’ve eschewed for years.

So if Democrats blink and cave into Donald Trump on the shutdown question, Donald Trump will get none of the policy changes he wants. He’ll have no change to diversity visas, no change to family visas, and no wall money. In exchange, he could start deporting DREAMers but the capacity of American courts to do so is already maxed out. Still, losing legal status will harm DREAMers in concrete ways. It’ll force some out of active-military service and others out of legitimate work and education activities. But those who’ve grown up and spent their whole lives in the US aren’t going to “self-deport,” and crowding the deportation pipeline with sympathetic DREAMers won’t help immigration hawks’ case. It’s possible that Trump doesn’t care and thinks hurting DREAMers is its own reward. If that’s so, he at least should admit that and let the country move on. Even if it makes him seem like a horrible person which won’t hurt him much. I mean low approval ratings and mass protests should illustrate that most of American people think he’s a piece of shit anyway.

The current situation’s perversity is that Donald Trump has always publicly maintained that he wants to do something to help the DREAMers when his actions show us that’s not the case. He has repeatedly used the word “love” in this context despite that he was perfectly willing to put 700,000 immigrants in legal limbo just to get money for his stupid, useless wall. Though his supposed willingness to help the DREAMers has raised expectations among Democrats and immigration activists that a deal can be struck. If Trump doesn’t actually want a deal, he may narrowly prevail on the government shutdown. Democrats from red states with low Latino and Asian populations won’t hold out forever in a futile effort to help DACA recipients. Had Trump had signaled opposition months ago, there probably wouldn’t be a standoff today. But if he wants a deal, he needs to seriously engage with the process and lay out some concrete ideas on the table. Instead, by veering from handshake deals with “Chuck and Nancy” to profane ranting about “shithole countries,” he has confused everyone on Capitol Hill and brought the political system to breaking point. And he thinks he’s a master in the art of the deal.

Nevertheless, we must note that Donald Trump’s remarks on immigration from “shithole” countries reflects a larger, more pervasive, and more dangerous viewpoint on the intersection of immigration and race. By referring nations like Haiti and African countries as “shitholes,” he’s not just expressing what some conservatives view as “politically incorrect” sentiments. Rather he and importantly members of his staff are embracing what used to be a fringe theory held by the farthest of the far right. It’s a theory claiming that white people are being systematically “erased” by their inferiors, and thus require an influx of white babies and new white immigrants (at the exclusion of their nonwhite counterparts) to survive. This viewpoint has resulted in the federal government shutdown. We must understand that the current debate at Capitol Hill has little to do with border security concerns. It’s about halting immigration, especially from nonwhite countries. In the final days and hours before the government shutdown, Donald Trump sabotaged a bipartisan compromise that was Congress’s best shot at passing a package that would’ve kept the government open and do something about the DACA program Trump ended last year, but wanted “fixed.” This would’ve given him much of what he wanted out of immigration reform like the border wall and an end to “diversity” visas. Instead, Trump turned toward restrictionists like Sen. Tom Cotton and White House Senior Adviser Stephen Miller who has long influenced his attitudes on immigration policy. Miller’s silent hand on Trump’s DACA views was noteworthy enough that Sen. Lindsey Graham told MSNBC that his approach had, “no viability.” Breitbart fired back at Graham, running a piece which called him, “pro-amnesty” while referring to Cotton as, “the heir to Jeff Sessions’ pro-American immigration reform agenda.” Cotton has said that the “American people” like Trump’s and more importantly, his own “economic nationalist approach” favoring cuts on legal immigration, harsh penalties on DACA recipients and legal immigrants, and criminalizing undocumented immigrants’ status whose presence violates civil law. The language used by sites like Breitbart make it clear that this is all about mythmaking and fearmongering. As John Binder writes describing Cotton’s extremist policy: “By 2023, the Center for Immigration Studies estimates that the legal and illegal immigrant population of the U.S. will make up nearly 15 percent of the entire U.S. population.” The Center for Immigration Studies is an unreliable source for immigration data since its fonder John Tanton of embracing eugenics and reportedly told a friend, “for European-American society and culture to persist requires a European-American majority, and a clear one at that.” Now Tanton’s allies are attempting to put these ideas into immigration policy. And they wonder why Democrats aren’t interested despite the obvious white supremacist implications. Judging by Trump’s actions on revoking temporary protected status on DREAMers, Haitians, and El Salvadorans, I’m guessing he’s with the hardliners. Thus, as far as I see it, I don’t see any resolution in sight to this shutdown.