No, Hillary Clinton Is Not Going To Send You Off To “Camp”

Clinton Camp Speech

I have been critical of Hillary Clinton for her secrecy and poor history on government transparency, her neoconservative foreign policy views, her conservative views on social issues, her mismanagement of health  care reform, and her overall poor judgement. I am not going to defend her just because she has a D after her name, or because she is a female candidate.

There are plenty of attacks from the right which Clinton does deserve defending on, even if Clinton does often deflect from liberal criticism with all the bat-shit crazy attacks coming from the right. Conservatives have spoken of being taken off to FIMA Camps since that Muslim, Socialist, Marxist (in their view) Barack Obama took office. It didn’t come to pass, but now watch them twist a speech given by Clinton to actual camp owners into something equally menacing.

The Daily Caller wrote:

As I have gotten older, I have decided we really need camps for adults,” she said to laughter. “And we need the kind of camps you all run.”

“None of the serious stuff, not of the life-challenging stuff; more fun!” Clinton continued. “I think we have a huge fun deficit in America. And we need to figure it out how to fill that fun deficit, certainly for our kids, but also for the rest.” (RELATED: RNC Releases Satirical Emails From Hillary Clinton)

In these camps, Clinton wants Americans to really concentrate on the important things. “We need some reminder about life skills from time to time, maybe some enrichment, certainly some time outdoors.”

On an entirely unrelated note, “joycamp” was the Newspeak term for forced labor camps in George Orwell’s “1984.”

Hopefully this was written tongue in cheek, but I bet it won’t be long until your crazy Republican uncle cites this speech in their anti-Clinton email.

Several news reports also predict this will be her last paid speech, anticipating that Clinton will announce her candidacy in early April. Federal campaign finance laws to provide incentives to declare early in a quarter, to maximize reports of fund raising for each quarter. Clinton would be smart to formally get in the race and speak out on issues. Lying about her email didn’t  help her, but speaking out on issues might result in the media devoting more coverage to this and less to her scandals.

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Democratic Support Falls For Hillary Clinton Even Prior To Yet Another Clinton Scandal

Hillary Clinton speaks at the Clinton Global Initiative in New York

There is yet another scandal involving Hillary Clinton, with the latest Reuter’s poll showing a drop in Democratic support for Clinton even before today’s scandal broke. First the latest scandal, then the poll.

Barack Obama came into office promising greater transparency. This included changing email practices following the abuses under George Bush–abuses which Hillary Clinton referred to as shredding the Constitution. We now know that Clinton violated the rules. Obama also wanted greater transparency regarding contributions to eliminate concerns that members of his administration were serving interests other than the interests of the voters. Reuters found that Clinton violated promises made upon taking office regarding disclosure of contributions:

In 2008, Hillary Clinton promised Barack Obama, the president-elect, there would be no mystery about who was giving money to her family’s globe-circling charities. She made a pledge to publish all the donors on an annual basis to ease concerns that as secretary of state she could be vulnerable to accusations of foreign influence.

At the outset, the Clinton Foundation did indeed publish what they said was a complete list of the names of more than 200,000 donors and has continued to update it. But in a breach of the pledge, the charity’s flagship health program, which spends more than all of the other foundation initiatives put together, stopped making the annual disclosure in 2010, Reuters has found.

In response to questions from Reuters, officials at the Clinton Health Access Initiative (CHAI) and the foundation confirmed no complete list of donors to the Clintons’ charities has been published since 2010. CHAI was spun off as a separate legal entity that year, but the officials acknowledged it still remains subject to the same disclosure agreement as the foundation.

The finding could renew scrutiny of Clinton’s promises of transparency as she prepares to launch her widely expected bid for the White House in the coming weeks. Political opponents and transparency groups have criticized her in recent weeks for her decision first to use a private email address while she was secretary of state and then to delete thousands of emails she labeled private.

The two scandals very well might be connected. While there is no way to prove this after Clinton destroyed some of the email, members of the news media have suggested that if Clinton was hiding anything, it was most likley regarding contributions to the Foundation, as opposed to any smoking guns related to Benghazi. This includes liberal columnist Frank Rich, along with Ron Fournier, who wrote:

“Follow the money.” That apocryphal phrase, attributed to Watergate whistle-blower “Deep Throat,” explains why the biggest threat to Hillary Rodham Clinton’s presidential dreams is not her emails. It’s her family foundation. That’s where the money is: corporate money, foreign money, gobs of money sloshing around a vanity charity that could be renamed “Clinton Conflicts of Interest Foundation.”

Despite all the evidence that Clinton broke the rules in effect when she took office, many Democrats will continue to defend her because of her name and gender. Some Democrats would continue to defend Clinton even if we had  incontrovertible evidence that she kicks puppies and bar-b-que babies. While maybe exaggerating, it seems that there is no crime which will cause some Democrats to question Hillary Clinton–even if it is something they previously attacked Republicans for. So much for consistency or adherence to principle.

Fortunately this does not apply to all Democrats. A new Reuters/Ipsos poll does show support for Clinton to be softening:

Support for Clinton’s candidacy has dropped about 15 percentage points since mid-February among Democrats, with as few as 45 percent saying they would support her in the last week, according to a Reuters/Ipsos tracking poll. Support from Democrats likely to vote in the party nominating contests has dropped only slightly less, to a low in the mid-50s over the same period.

Even Democrats who said they were not personally swayed one way or another by the email flap said that Clinton could fare worse because of it, if and when she launches her presidential campaign, a separate Reuters/Ipsos poll showed.

The polling showed that nearly half of Democratic respondents – 46 percent – agreed there should be an independent review of all of Clinton’s emails to ensure she turned over everything that is work-related.

The bigger problem is that while Democrats might stick with her and give her the nomination, by November 2016 a majority of the voters will have had enough of what could be a constant stream of revelations about Clinton. Giving Hillary Clinton the Democratic nomination increasingly looks like a death wish on the part of Democrats.

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Great News For Late Night Comedians: Donald Trump Appears To Actually Be Running This Time

Donald Trump

Donald Trump spoke of running for president before but many did not take him seriously, seeing it as a publicity stunt or ego boost. Earlier this year he claimed he was serious but few believed him, with most assuming he would continue with The Apprentice. The New Hampshire Union Leader now reports that Trump is dropping The Apprentice and is setting up an exploratory committee:

Donald Trump will launch a presidential exploratory committee Wednesday, the eve of the business mogul’s return to New Hampshire.

A senior adviser tells the New Hampshire Union Leader that Trump will not be renewing his contract with NBC for the reality television “Apprentice” series.

Combined with staff hires, Trump’s announcement that he will form an exploratory committee for the first time is a sign the billionaire is seriously considering running for the Republican nomination.

Trump as released this announcement:

I have a great love for our country, but it is a country that is in serious trouble. We have lost the respect of the entire world. Americans deserve better than what they get from their politicians – who are all talk and no action! I have built a great company, created thousands of jobs and built a tremendous net worth with some of the finest and most prestigious assets in the world – and very little debt! All Americans deserve the same opportunity. Our real unemployment rate is staggering while our manufacturing base is eroding on a daily basis. We must rebuild our infrastructure, control our borders, support local control of education, greatly strengthen our military, care for our veterans and put Americans back to work! We must stop other countries from totally taking advantage of our representatives who are being out-negotiated at every turn. I am the only one who can make America truly great again!

This reminds me of what Andy Borowitz once said: “If Trump can do the same magic that he did for NBC, the USA will be the #4 country in the world.”

To his credit, Trump was often critical of George Bush, but during the Obama presidency his political views aligned with the extreme right. He has provided far more material for comedians than serious political comment. He was a strong Birther, claiming Obama was not born in the United States. Jimmy Fallon was among the late night comedians who mocked Trump on this: “Hey, Congratulations to Donald Trump, who just welcomed his fourth grandchild! You could tell it was Trump?s grandchild because as soon as it came out, it demanded to see its own birth certificate.” Jimmy Kimmel quipped, “President Obama celebrated Passover with a Seder at the White House. This morning, Donald Trump demanded to see Obama’s Bar Mitzvah certificate.” Conan O’Brien added, “On Fox News, Donald Trump said Obama’s birth certificate could indicate that he’s a Muslim. Trump said he doesn’t trust anyone with a foreign-sounding name, and neither does his daughter Ivanka.”

Obama mocked him at the 2011 White House Correspondents’ Dinner:

“Donald Trump is here tonight,” the comedian in chief said, grinning. “Now, I know that he’s taken some flak lately, but no one is prouder to put this birth certificate to rest than The Donald. Now he can get to focusing on the issues that matter. Like, did we fake the moon landing? What really happened at Roswell? And where are Biggie and Tupac?”

Seth Meyers also joked about Trump at the dinner, including one joke which also mocked John McCain’s choice of Sarah Palin as running mate. He noted that Trump owns the Miss USA Pageant, “which is great for Republicans because it will streamline the search for a vice president.”

David Letterman mocked the idea of a Republican race with both Donald Trump and Sarah Palin in it in 2010:

Sarah Palin says she’s going to run for President in 2012. 2012. Donald Trump said he’s going to run for President in 2012 against Sarah Palin. Nice to know there will somebody equally unqualified…Now that would be some presidential race. You’ve got Donald Trump and Sarah Palin and the debates. Get there early and get some seats down front for those debates. ‘You’re fired, you becha.’

Trump later canceled an appearance with David Letterman in 2011 after Letterman mocked Trump’s attacks on Obama, saying they “smack of racism.”

Trump joined the Global Warming denialists by asking, “It’s cold outside…so where’s the global warming?” He changed from pro-choice to opposing abortion. “People change their positions all the time, the way they change their wives,’’ according to the executive vice president of the Trump Organization.

Donald Trump will clearly  make the Republican circus more amusing.

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Private Email A Problem For Jeb Bush And Other Republicans, Along With Hillary Clinton

Clinton Bush

Jeb Bush has been on the campaign stump attacking Clinton regarding her use of a private email server, violating rules in effect as of 2009 regarding retention of records. While such criticism is deserved, Bush as been quiet on his own email scandal.  The Washington Post reports:

Jeb Bush used his private e-mail account as Florida governor to discuss security and military issues such as troop deployments to the Middle East and the protection of nuclear plants, according to a review of publicly released records.

The e-mails include two series of exchanges involving details of Florida National Guard troop deployments after the Sept. 11, 2001, attacks, the review by The Washington Post found.

Aides to Bush said Saturday that none of the e-mails contained sensitive or classified information, and that many of the events mentioned in them were documented in press accounts, either contemporaneously or later. But security experts say private e-mail systems such as the one used by Bush are more vulnerable to hackers, and that details such as troop movements could be exploited by enemies.

Bush is actively considering a run for president and has sharply criticized likely Democratic front-runner Hillary Rodham Clinton for her use of a private e-mail account when she served as secretary of state. He called it “baffling” that Clinton didn’t consider the potential security risks of discussing diplomatic and national security issues by using an e-mail account not tied to a government server.

The New York Times points out that it took Bush seven years to release he email. I previously pointed out other questions about Bush’s email, along with problems with Scott Walker and email. Of course these abuses by Republican candidates do not excuse Hillary Clinton. My concern is the manner in which she acts like a Republican with a long history of opposition to transparency.

The Obama White House is also concerned about how this will affect Obama’s legacy. They have been lukewarm in any defense of Clinton after she violated the rules established during the Obama administration to increase transparency following the email scandals of the Bush years. While the source is quite questionable, The New York Post takes this further with an unsubstantiated claim that Valerie Jarrett leaked the information regarding Clinton’s email out of concern that Clinton would undo Obama’s legacy. The article claims that she promised Elizabeth Warren and Martin O’Malley “the full support of the White House if they will challenge Hillary for the presidential nomination.” Interesting theory, but I wonder why Joe Biden was left out of this offer and how you offer full support to two different people. Plus we sure have not seen any signs of the White House backing O’Malley over Clinton so far. The article makes additional claims as to what will occur and we can watch to see how many (or few) come about.

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Barack Obama Reads Mean Tweets

See President Obama read mean tweets about him on Jimmy Kimmel Live in the video above.

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Obama White House & Top Freedom Of Information Official Worried About “The Clinton Way”

Time The Clinton Way

Hillary Clinton’s response to reports that she has violated the Federal Records Act at her recent press conference have been throughly debunked by media fact-checkers. The Canadian Press has also discussed this with Daniel Metcalf. He is described as, “The senior-most freedom-of-information official in the executive branch of the United States government for over a quarter-century, whose job it was to help four administrations — including the Clinton White House — interpret the Freedom of Information Act, offer advice, and testify before Congress on their behalf.”

Daniel Metcalfe doesn’t buy her explanation. In fact, he calls it laughable.

“What she did was contrary to both the letter and the spirit of the law,” says Metcalfe, the founding director of the Justice Department’s Office of Information and Privacy, which advised the rest of the administration on how to comply with the law. Metcalfe ran the office from 1981 to 2007.

“There is no doubt that the scheme she established was a blatant circumvention of the Freedom of Information Act, atop the Federal Records Act.”

Metcalfe says he doesn’t have any partisan axe to grind. He’s a registered Democrat, though steadfastly non-partisan. He says he was embarrassed to work for George W. Bush and his attorney general, and left government for American University, where he now teaches government information law and policy…

Metcalfe examined a transcript of her press conference, provided by The Canadian Press.

And he dissected it Wednesday, point by point, annotating it in 23 places where he called her statements “deceptive,” “grossly misleading” and impossible to verify.

His overall conclusion from her public appearance: “Her suggestion that government employees can unilaterally determine which of their records are personal and which are official, even in the face of a FOIA request, is laughable.”

Time calls this The Clinton Way in an upcoming cover story with a subtitle, “They write their own rules. Will it work this time?” Some excerpts, trying to limit to current news and leave out the past history discussed in the full article:

The Clintons play by their own set of rules. And in this case, the former Secretary of State explained, those rules bless her decision to erase some 30,000 emails from the family server despite knowing that the emails had become a subject of intense interest to congressional investigators. These were merely “private personal emails,” Clinton averred, “emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.” After she finished taking questions, Clinton’s staff disclosed that no one actually read through those 30,000-odd documents before she “chose not to keep” them…

Still, Clinton’s failure to defuse the email issue, along with a growing list of questions about the family’s relentless fundraising and her husband’s choice of companions, has revived hopes among erstwhile rivals in the Democratic Party that the Hillary dreadnought might actually be sinkable. Backbiting inside the Clinton campaign–a hallmark of her failed 2008 presidential effort–has begun to leak into the political press. Republicans who were morose over their presidential chances mere months ago have a spring in their step…

In her press conference, Hillary Clinton described the private email account on the server inside their New York home as a matter of convenience only. “I thought it would be easier to carry just one device for my work and for my personal emails instead of two,” she said. “Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.”

That explanation was not exactly robust. The Q&A had hardly ended before Clinton’s critics unearthed an interview Hillary had given a few weeks earlier with Re/code co-founder Kara Swisher. “I have an iPad, a mini iPad, an iPhone and a BlackBerry,” Clinton said. So much for simplicity. Others remarked on a matter of timing: Clinton did not carry out her business on an existing personal email account. She specifically set up a new private address–hdr22@clintonemail.com–instead of using a government account. This happened on the very day the Senate Foreign Relations Committee held its first hearing on her nomination as Secretary of State.

As for why this might “seem like an issue,” the answer is not complicated. All federal employees have a legal obligation to preserve their work-related email–and the White House advises appointees to accomplish this by using official government addresses. Email sent to and from .gov accounts is generally archived. In this way, a consistent level of security is maintained. The nation’s history is preserved. Open-records laws are honored. And transparency gets a leg up on “Trust me.”

All this once made sense to Clinton. As a candidate for President in 2008, she included “secret White House email accounts” as part of her critique of the Bush Administration’s “stunning record of secrecy and corruption.” Now, however, Clinton is leaning heavily on “Trust me.” For more than a year after she left office in 2013, she did not transfer work-related email from her private account to the State Department. She commissioned a review of the 62,320 messages in her account only after the department–spurred by the congressional investigation–asked her to do so. And this review did not involve opening and reading each email; instead, Clinton’s lawyers created a list of names and keywords related to her work and searched for those. Slightly more than half the total cache–31,830 emails–did not contain any of the search terms, according to Clinton’s staff, so they were deemed to be “private, personal records.”

This strikes experts as a haphazard way of analyzing documents. Jason R. Baron, a former lawyer at the National Archives and Records Administration who is now an attorney in the Washington office of Drinker Biddle & Reath, says, “I would question why lawyers for Secretary Clinton would use keyword searching, a method known to be fraught with limitations, to determine which of the emails with a non-.gov address pertained to government business. Any and all State Department activities–not just communications involving the keywords Benghazi or Libya–would potentially make an email a federal record. Given the high stakes involved, I would have imagined staff could have simply conducted a manual review of every document. Using keywords as a shortcut unfortunately leaves the process open to being second-guessed.”

Politico reports that the White House frets return of ‘Clinton Way’

They thought she’d changed. They thought maybe she’d picked up a little bit from them about how people respond to awkward secret arrangements and contrived ways of not telling the full story.

This has been a surprising two weeks for aides in President Barack Obama’s orbit as they’ve watched Hillary Clinton’s email mess unfold…

With so much on the line, with so much time to prepare, she’s back to classic Clinton? She’s flubbing a campaign kickoff eight years in the making because she somehow thought that no one would ever care that she set up a secret email server? That anyone would then accept her word that it was OK that she deleted 30,000 emails even though the State Department had been asking for some of them? And then go silent again?

After all, 2008’s “Change you can believe in” campaign slogan wasn’t just a reference to George W. Bush. It was also about her, and the uneasy feeling many people had that with Clinton, something else was always going on.

Obama aides had had that feeling themselves, even after she joined the administration and their staffs tried following Obama’s and Clinton’s leads in building mutual trust, almost to the point of suspension of disbelief.

“You never feel like you’re quite getting the full story, because everyone’s got some side deal or some complicating factor,” said one former Obama aide, reflecting on dealing with Clinton and her circle. “I don’t think there was a conscious effort to watch out for scams. It was more just, you know who you’re dealing with.”

Obama put the priority on keeping clear records when he issued guidelines about using official email accounts, one White House aide noted after Clinton’s news conference, while obviously the former secretary of state determined her priority was something else…

A lot of this has to do with what Obama aides refer to as a culture clash. The Clintons look for loopholes, they say, while Obama takes a special pride, particularly on transparency issues, in sticking to the letter of the law: a combination of cockiness that he’s right, so why not let everyone see how he got there, as well as a background awareness that any scandal would be a scandal for the first African-American president.

“The president has been willing to say and implement provocative policies to shake up Washington,” said one current White House aide. “Willingness to send those signals is a good way to make clear to people that this is the way we’re going to do business: differently.”

…What’s confusing to them is how she didn’t acknowledge that herself, or care. They don’t like to admit it around the West Wing, but as a former first lady and Obama’s main opponent in 2008, Clinton did get more latitude than other Cabinet secretaries in all sorts of decisions, from staffing on down. They’re just hoping that this email server — “the president 100 percent would not have done it this way,” the former aide said, “this is such a clearly nontransparent way of going about it” — is the extent of the latitude she took that they didn’t know about.

Then again, the White House didn’t know she deleted 30,000 emails until they watched her announce it at her news conference on Tuesday. And aides acknowledge that they don’t know how much more they don’t know.

It is a legitimate fear that “the extent of the latitude she took” when Secretary of State exceeds what we know about. My bigger fear is the latitude she would take as president.

Frank Rich compared this to an episode of Veep in which the vice-president announced plans to release her correspondence, and points out that Clinton’s explanation “didn’t pass the smell test.”

That it took Clinton as long as it did to respond to the rising chorus of these questions, and that she did so as defensively and unconvincingly as she did, is yet more evidence that she’s not ready for the brutality of a presidential campaign. This hastily called, abruptly truncated press conference was reminiscent of the mistakes she made last year in her ill-fated book tour. She didn’t schedule yesterday’s appearance until after the most senior of Democratic senators, Dianne Feinstein, essentially demanded that she speak up.

Some of what Clinton said didn’t pass the smell test. It reminded me of an episode in the first season of Veep where the vice-president announces she will release all her internal office correspondence to quell a controversy and then instructs her staff to make sure it’s “Modified Full Disclosure Lite.” That’s what we got here. Why, for instance, would Clinton say that she “didn’t see any reason to keep” her personal emails? Those are precisely the emails that every American keeps.

If she doesn’t become more forthright and less defensive when she’s under fire, this is going to be a very long campaign for her. Though we keep being told that she and those around her are determined not to repeat the mistakes of 2008, so far there’s no evidence of that. And the much tougher questions — starting with those about the donors to the Bill, Hillary and Chelsea Clinton Foundation — are yet to come.

While a growing number of Democrats are starting to worry about her ability to run a presidential campaign, she maintains the front runner due to lack of serious opposition. For example, Dana Milbank writes that Hillary Clinton has little to fear from Martin O’Malley. I don’t think that the speculation on Al Gore entering the race, which I discussed yesterday, is very likely.

I agree with Jonathan Bernstein, who debunks the claim that the Democrats have no bench. The problem is that so far Hillary Clinton has taken all of the air out of the Democratic nomination battle. If we had an open and competitive primary, more people might run, and some would ultimately look like viable presidential candidates. We would be in a situation comparable to 1992 when several candidates ran until one (in that case Bill Clinton) emerged. A candidate who is victorious in such a primary battle will be taken seriously as a presidential candidate. Democrats do not need to settle for a candidate as flawed by Hillary Clinton due to thinking she is the only choice. Nominating someone lacking so lacking in judgment and ethical character as Hillary Clinton will greatly increase the risk of a Republican being elected president in 2016.

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Hillary Clinton Stonewalls On Email Scandal

Clinton News Conference

Hillary Clinton held a press conference to discuss the email controversy but wound up stonewalling and creating even more questions. The news conference was basically an expanded version of her tweet, just as misleading and reveling little actual information. Considering the Nixonian feel to this scandal, I was waiting for someone to ask if, besides whether Hillary will be keeping her private server, whether Chelsea will keep Checkers.

Clinton began with a statement with four points (full transcript here), which included misleading statements, following by further misleading statements in answers to questions. First:

First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.

Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.

There are so many problems with this response, besides the obvious of violating the rules based upon convenience. Phones were able to handle multiple email accounts, so there might not have been a need to carry more than one device. If her preferred device could not handle more than one, what is the big deal about carrying more than one? Before smart phones got to their current state, I generally carried two, and sometimes three, devices to handle my professional and personal communication. Today she said she didn’t want to carry two phones but in recent interviews she has stated she uses two phones, and has also discussed the large purse she carries–large enough for all the phones and electronic devices she needs.

Her comments on convenience also suggest that Clinton might have wanted to continue to use the email system she was accustomed to, rather than changing to a government system as Obama did when he took office. However, hacked email has demonstrated that the domain she used was not set up until January 13, 2009–one week before she took office and the day her Senate confirmation hearings began. How was it more convenient to set up her own domain as opposed to using a government email address?

Her second point is technically true but misses the point:

Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.

What about the minority which weren’t sent to the State Department? We know for a fact that Clinton discussed government matters with people who weren’t even in government at the time as a result of Sydney Blumenthal’s email being hacked. It will be interesting to see if this email is included in the email she ultimately sent to the State Department.

Her third point:

Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.

No one wants their personal emails made public, and I think most people understand that and respect that privacy.

She did not release the email until well after she left office in response to demands. She failed to release all the email and refuses to have an independent source judge which is personal and which should be preserved on government servers. In the meantime, she has used her private servers to fail to respond to Freedom of Information Act requests and requests from Congress for her email.

Her elaboration on personal email while answering questions raised another red flag. She spoke of email with her husband. It sounds reasonable that she might not want personal email with her husband released–until you read that Bill Clinton has only sent two emails in his entire life, and none since leaving office.

Her fourth point:

Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.

A minor point compared to many of her other comments, but while she talks about the public seeing her email, it will be quite some time before her email goes through the screening process and is really available to the public. Again, only the email she selected to release will be reviewed for eventual release to the public.

Since this scandal began, Clinton supporters have been engaged in a campaign of denial, distortion, and attacking their critics as described by David Corn. One way they have misled, repeated by Clinton with her claims that she did not violate the rules, has been to discuss rules made after she left office and pretend that changes in the rules in response to abuses during the Bush years never occurred. Of course Clinton was well aware of such ethical breaches when she accused the Bush administration of shredding the Constitution with acts such as using private email for government business. Politico debunked the claims that Clinton did not violate the rules last week:

Unfortunately for these pro-Hillary groups, the regulations that are relevant to Schmidt’s report – the National Archives and Records Administration (NARA) requirements – have been in place since at least 2009, when Clinton became secretary of state.

According to Section 1236.22 of the 2009 NARA requirements, which Schmidt provided in an email, “Agencies that allow employees to send and receive official electronic mail messages using a system not operated by the agency must ensure that Federal records sent or received on such systems are preserved in the appropriate agency recordkeeping system.”

In short, the State Department was required to ensure that Secretary Clinton’s emails, including those on personal accounts, were preserved in an agency record-keeping system. The failure to ensure such preservation would therefore likely be in violation of the federal requirements, though it’s not clear whether all of her personal emails – or just those related to official business – would be required.

Schmidt believes that all of Clinton’s emails would be required, and pointed to a 2008 definition from NARA that defines federal records as “documentary materials that agencies create and receive while conducting business that provide evidence of the agency’s organization, functions, policies, decisions, procedures, and operations, or because they contain information of value.”

In addition to the regulations from 2009, President Obama issued a memorandum in 2011, also when Clinton was still in office, strengthening these ethical requirements. AP added, in fact-checking the news conference today, that Clinton ignored “very specific guidance” from the White House:

CLINTON: “I fully complied with every rule I was governed by.”

THE FACTS: At the very least, Clinton appears to have violated what the White House has called “very specific guidance” that officials should use government email to conduct business.

Clinton provided no details about whether she had initially consulted with the department or other government officials before using the private email system. She did not answer several questions about whether she sought any clearances before she began relying exclusively on private emails for government business.

Federal officials are allowed to communicate on private email and are generally allowed to conduct government business in those exchanges, but that ability is constrained, both by federal regulations and by their supervisors.

Federal law during Clinton’s tenure called for the archiving of such private email records when used for government work, but did not set out clear rules or punishments for violations until rules were tightened in November. In 2011, when Clinton was secretary, a cable from her office sent to all employees advised them to avoid conducting any official business on their private email accounts because of targeting by unspecified “online adversaries.”

Even if Clinton’s defenders were right that she did not violate any rules, her conduct was clearly both unethical and foolish, contributing to the reputation of the Clintons for opposing transparency and believing that different rules apply to them than to others.

AP also debunked other statements from Clinton. She said, “I did not email any classified material to anyone on my email. There is no classified material.” AP pointed out how this might be technically true but is misleading:

The assertion fits with the facts as known but skirts the issue of exchanging information in a private account that, while falling below the level of classified, is still sensitive.

The State Department and other national security agencies have specified rules for the handling of such sensitive material, which could affect national security, diplomatic and privacy concerns, and may include material such as personnel, medical and law enforcement data. In reviewing the 30,000 emails she turned over to the State Department, officials are looking for any security lapses concerning sensitive but unclassified material that may have been disclosed.

Plus we can never be certain of the facts when Clinton decided which email would be sent to the State Department and which would remain on her private server or be destroyed. She was somewhat contradictory on this point, but it appears that she did destroy tens of thousands of email.

AP also questioned the security measures used by Clinton:

CLINTON: “It had numerous safeguards. It was on property guarded by the Secret Service. And there were no security breaches.”

THE FACTS: While Clinton’s server was physically guarded by the Secret Service, she provided no evidence it hadn’t been compromised by hackers or foreign adversaries. She also didn’t detail who administered the email system, if it received appropriate software security updates, or if it was monitored routinely for unauthorized access.

Clinton also didn’t answer whether the homebrew computer system on her property had the same level of safeguards provided at professional data facilities, such as regulated temperatures, offsite backups, generators in case of power outages and fire-suppression systems. It was unclear what, if any, encryption software Clinton’s server may have used to communicate with U.S. government email accounts.

Recent high-profile breaches, including at Sony Pictures Entertainment, have raised scrutiny on how well corporations and private individuals protect their computer networks from attack.

Vox has more on the security questions, along with a good summary of the controversy prior to the press conference.

This is unlikely to be the deciding issue in the election, especially considering that so many Republicans also have issues with private email. The significance is more in how Hillary Clinton responded to the first major controversy of her soon-to-be announced campaign.

I’m sure her supporters bought every word, but others will question her claims that she used a personal server for convenience as opposed to avoiding scrutiny. It is especially difficult to believe Clinton considering she has already used her private servers to avoid Freedom of Information Act requests. She is asking Americans to trust her while preventing any  verification in destroying email, and refusing any independent review of the email she did not turn over to the State Department.

If Clinton handled this crisis so poorly, will she self-destruct during a presidential campaign? At this point I don’t believe that any other candidate can stop Hillary Clinton, but Hillary Milhouse Clinton sure might stop herself.  At least she self-destructed during the primaries in 2008, leading to the nomination and election of Barack Obama. As she is likely to win the Democratic nomination in 2016 with only token opposition, this time many Democrats fear (and Republicans hope) her self-destruction will lead to a Republican victory in 2016.

Update: AP Files Suit Over Clinton Email, Media Fact Checks Clinton, and Al Gore Goes To Iowa

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Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016

Clinton Email

The reports I discussed yesterday regarding Hillary Clinton using private email as Secretary of State are leading some, such as Frank Rich, to wonder if Democrats need a backup plan for 2016. A follow up story in The New York Times reports how Clinton used her private email to thwart requests for information, including requests from Congress and Freedom of Information requests from journalists. These ethical breaches by Hillary Clinton are of particular concern taking place so soon after scandals in the Bush administration regarding private use of email, making many liberals besides myself question why Clinton could have done something so foolish.

As The Guardian summarized the significance of the news:

It leaves Clinton vulnerable to at least three lines of criticism: that she potentially broke fundamental rules governing the handling and security of state secrets; that she skirted around guidelines put in place to ensure historical accountability and transparency within high public office; and the political attack that she must have had something to hide.

Perhaps the most serious accusation facing Clinton is that she may have breached one of the fundamental tenets of classified information. J William Leonard, former director of the body that keeps watch over executive branch secrets, the Information Security Oversight Office, told the Guardian that if Clinton had dealt with confidential government matters through her personal email, that would have been problematic. “There is no such thing as personal copies of classified information. All classified information belongs to the US government and it should never leave the control of the government.”

The Associated Press is considering legal action in response to her failure to respond to Freedom of Information Act requests for email:

The unusual practice of a Cabinet-level official running her own email server would have given Clinton — who is expected to run for president in the 2016 campaign — significant control over limiting access to her message archives.

It also would complicate the State Department’s legal responsibilities in finding and turning over official emails in response to any investigations, lawsuits or public records requests. The department would be the position of accepting Clinton’s assurances she was surrendering everything required that was in her control…

The AP said Wednesday it was considering taking legal action against the State Department for failing to turn over some emails covering Clinton’s tenure as the nation’s top diplomat after waiting more than one year. The department has failed to meet several self-imposed deadlines but has never suggested that it doesn’t possess all Clinton’s emails.

Having checked more coverage in the media and blogosphere since my initial post, I was pleased to see that most liberal bloggers I read did question Clinton’s conduct. For example, rather than a partisan defense Steve Benen‘s post raised the same objective points:

There’s no shortage of problematic angles to this. Obviously, there’s the question of transparency and compliance with the Federal Records Act. Clinton wasn’t the first Secretary of State to make use of a personal email account – Colin Powell did the same thing during his tenure in the Bush/Cheney administration – but preservation rules have changed and Clinton apparently faced more stringent requirements.
There’s also the matter of security: as Secretary of State, Clinton sent and received highly sensitive information on a daily basis, including classified materials, from officials around the world. By relying on private email, instead of an encrypted State Department account, Clinton may have created a security risk.

Other liberal bloggers have been far harder on Clinton.  Clinton is also receiving criticism on MSNBC, as opposed to the partisan defense we would expect in the reverse situation from Fox. Needless to say, conservatives tended to be quite critical, and  hypocritical, usually ignoring the comparable use of private email by many Republicans, including officials in the Bush administration, Chris Christie, and Sarah Palin.

It was disappointing but not surprising to see that the Clintonistas did quickly get some writers out to defend Clinton. Typically their defenses were no more honest than a report from Fox. Defenses of Clinton tended to concentrate on the arguing that Clinton did not actually break the law. This is definitely a case of moving the goal posts and possibly also incorrect. The initial articles raising these concerns did note that Clinton may have broken the law and with the complexity of the regulations involved avoided a definite conclusion, but it was her conduct and judgment, not whether she was in violation of the law, which is the heart of the issue.  The defenses of Clinton point out that Colin Powell used private email, but ignore the changes in regulations made in 2009 which “required that all emails be preserved as part of an agency’s record-keeping system.” Her defenders have also ignored the more stringent requirements put into place in 2011. As a consequence of these rules changes, John Kerry has used government email for his communications, as has Barack Obama since taking office in 2009.

Many of the other defenses of Clinton are rather trivial attacks on the journalist who wrote the story. The statements that these revelations came out as part of the Benghazi hearings is contradicted with finding a journalist who had reported on this previously. This is analogous to the debates as to who discovered America. Finding that someone had previously reported on Clinton’s private email does not change the substance of this story any more than discovering that Vikings beat Columbus to America substantially other facts regarding American  history post-Columbus.

The rapid release of such dishonest defenses of Clinton by her allies is yet another reason why I would hate to see Hillary Clinton as president. I have always been disturbed by the degree of secrecy when she was working on health care reform, her push for war against Iraq based upon fictitious claims of ties between Saddam and al Qaeda, along with many questionable statements I’ve heard from her over the years. Electing Clinton would be a great blow to honesty and transparency in government. Democrats should be able to do better.

There is no question that Clinton was at least skirting the rules in effect when she became Secretary of State, if not outright breaking them. Her honesty has already been a serious question. Someone with a reputation for dishonesty and lack of transparency should have realized that this would only make matters worse. Her credibility, already in question, will be even lower when there is always the question of secret emails looming. Republicans will be able to drag out their hearings on Benghazi even longer because of this. If she runs against Jeb Bush she would be on the defensive over transparency after the release of his emails. Clinton has never been a very good campaigner, and her lack of judgment in this matter only raise.

Update: Hillary Clinton On Private Email 2007 And 2015

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Did Hillary Clinton Learn Anything During All Her Years In Politics?

The report in The New York Times that Hillary Clinton used a private email account while Secretary of State, possibly violating the law, has me wondering whether Hillary Clinton has learned anything during her years in public life. There is no doubt that the majority of attacks on Clinton from the right are bogus. To a certain degree these attacks even give her some protection among thinking people who have seen right wing attacks and conspiracy theories, such as those over Benghazi, constantly being debunked. However this does not mean that there are not people beyond the Fox sheep, including myself, who still have concerns regarding the judgement and integrity of Hillary Clinton. This only increases such concerns, along with concerns about secrecy and lack of transparency on the part of the Clintons.

Hillary Clinton followed the same procedures as Colin Powell before her, and many other politicians, such as Chris Christie and Sarah Palin, have had problems with using private email accounts. In contrast, John Kerry and Barack Obama use secure government email systems. Clinton’s actions look worse in historical context, following the scandals and reckless disregard for transparency during the Bush administration, just before she became Secretary of State. It is also reasonable to hold a Secretary of State, with aspirations to become president, to a higher standard than a corrupt Governor of New Jersey and the incompetent half-term former governor of Alaska. We have low expectations of people such as Christie and Palin, but should expect more of a potential Democratic candidate for president.

Hillary Clinton, if she has any real awareness of her public reputation, should have been aware of how this would have looked. Beyond the legal and security issues this raises, there is the simple question of whether she should have known better, even if no evidence of actual dishonesty is uncovered. Democrats should also have learned something about Clinton in light of her conduct during her 2008 campaign. In retrospect. Jeb Bush now looks far smarter for having released his email, despite the embarrassment of including some private information on constituents which should have been redacted.

Update: Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016. Plus response to the initial reports, and concerns over national security and use of private email to avoid Freedom of Information Act requests.

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SciFi Weekend: Leonard Nimoy, Who Lived Long And Prospered 1931-2015; Parks and Recreation Finale; Sleepy Hollow; Agent Carter; How To Get Away With Murder; Broadchurch; Arrow; 12 Monkeys

star-trek-spock-leonard-nimoy-nbc-pic

News of the death of Leonard Nimoy dominated the news and blogosphere since Friday. I had previous posts on Friday and Saturday, including  tweets from those who worked with him, those at NASA who were inspired by him, and even from President Obama. Obama also issued this longer statement:

Long before being nerdy was cool, there was Leonard Nimoy. Leonard was a lifelong lover of the arts and humanities, a supporter of the sciences, generous with his talent and his time. And of course, Leonard was Spock. Cool, logical, big-eared and level-headed, the center of Star Trek’s optimistic, inclusive vision of humanity’s future.

I loved Spock.

In 2007, I had the chance to meet Leonard in person. It was only logical to greet him with the Vulcan salute, the universal sign for “Live long and prosper.” And after 83 years on this planet – and on his visits to many others – it’s clear Leonard Nimoy did just that. Michelle and I join his family, friends, and countless fans who miss him so dearly today.

As Vulture pointed out, it is fitting that Obama had such a personal statement considering how often there have been comparisons of Obama to Spock.

Parks and Recreation Finale

The week also featured the series finale of Parks and Recreation along with several season finales. The series started with a weak first season. Probably as a combination of this, initially just seeing it as a spin-off of The Office, and not being excited by the premise of a small town in Indiana, it did make it on my DVR every week, but for a while it was often put off until I finished the other Thursday sit-coms. Then at some point I realized that the show which had me laughing the most was usually Parks and Recreation.

Part of the success of Parks and Recreation was the manner in which over the years many cast members were developed, allowing the show to go in many different directions. The heart of the show was the dichotomy between Leslie Knope (Amy Poehler) and Ron Swanson (Nick Offerman), but there was so much more going on. Both Chris Pratt and Aubrey Plaza were excellent supporting characters, and their roles become even more terrific with their romance and eventual marriage. Rashida Jones and Rob Lowe followed a similar trajectory. Adam Scott started as a semi-straight man to Rob Lowe, and then fulfilled a similar role, in a way replacing her best friend Ann Perkins, with Amy Poehler after Lowe and Jones left the show. Cast members including Aziz Ansari, Retta, Jim O’Heir, and others further fleshed out the people Pawnee far more than is seen in a typical sit-com. I think the show which came closest in this regard was not a half hour sit-com but was Northern Exposure.

With this diverse cast there was a wide variety of types of humor, not the repeated jokes which are rapidly recycled for laughs on many other sit-coms. Being a blog about politics and often genre, I would point out that both were included on Parks and Recreation. There was Leslie Knope, who was always optimistic about what government could do, even when facing obstacles, contrasted with the libertarian Ron Swanson, who was in government to try to make sure it didn’t do too much. Genre sometimes did sneak in, such as when Ben Wyatt (Adam Scott) once said told Leslie,I went back to season one of Fringe to check for plot holes. As suspected, it’s airtight.

The finale, like the finale of Parenthood, followed the Six Feet Under precedent of showing how the characters wind up. They did an excellent job. Instead of putting this at the end, the fate of each major, and some minor characters, were interspersed into a story in which the former employees of the Parks Department got back together for one last task. Although they thought it would be their last time together, their futures did include getting back together at key moments in their lives.

The Hollywood Reporter interviewed showrunner Mike Schur. He left it to our imaginations as to whether in one future scene we are seeing President Leslie Knope with Secret Service protection.

Sleepy Hollow Season 2 Finale

It is not known yet whether Monday’s episode of Sleepy Hollow will be a season or series finale, but after a weak season the show had an excellent episode which would work well as either. Abby’s trip into the past paralleled the series premiere, but this time Abby was in Ichabod’s role. Rather than having cliff hangers like last season, the episode tied up past plot threads, leaving only a vague mention of future battles should there be a future season. The episode ended with the core characters back together, and despite a weak second season I would be quite willing to give them another chance if the writers have figured out what to do with them for a third season.

Agent Carter Finale

Agent Carter concluded a self-contained story, and due to relatively poor ratings it is questionable if it will return. The season ended with Howard Stark exonerated, his inventions rescued, and the prevention of a disaster. Peggy had a moment of closure regarding the loss of Captain America. If the series returns, Dotty did survive to be a formidable ongoing enemy with her Black Widow training. Being Marvel, of course there was also a final scene, tying this into the rest of the Marvel universe. E! News spoke with the show runners:

E! News: Walk me through the decision to bring Dr. Zola onto the show, because as a fan of the Captain America movies, that was such a fun treat to find out what happened to him in between the first and second movie!
Tara Butters: We really wanted to connect Agent Carter to the greater MCU, and when we pitched the series to Marvel, they had brought up using Fenhoff as a way to connect to the Winter Soldier program. We had this idea of how great it would be to bring Toby Jones on for a scene—
Michele Fazekas: But we never thought that would actually happen. We thought we’d have to figure out a different way to make that happen. But then he was available and he was interested! That was really nice since a lot of different things could have gone wrong but it worked out.

The similarities between Peggy talking to Howard as he flies to his certain death and Peggy talking to Steve Rogers (Chris Evans) as he flew to his death were so striking. Did you shape the finale to mirror that final scene in Captain America: The First Avenger, or did that happen organically?
TB: When we broke out the season, we knew that that’s where we wanted to end, a version of that scene, a version of her talking down Howard. There’s been different iterations of it, though. At one point, it was Jarvis [James D’Arcy] talking him down and then Peggy, and then we flew Jarvis in the plane. But it was really lovely how ABC and Marvel gave us a lot of time to break out the eight episodes, so it felt like we really knew where we were going and it was really nice to see all of it pay off in the final episode.

How To Get Away With Murder Finale

How To Get Away With Murder ended its first season by tying up one murder and ending with another. It did seem anticlimactic to go an entire season to only find that the most likely suspect was guilty, even if he called on someone else to do the actual killing. For a while the format of having a season-long mystery on shows such as Veronica Mars, along with a mystery of the week, seemed like something new and refreshing. Now it has been done so many times that the US shows doing this seem much weaker than shows which don’t try to stretch things out for a whole season, or longer, and deal with a single storyline over a shorter season.

Executive producer Pete Nowalk discussed the season finale with E!

Broadchurch funeral

Several British shows have been successful with the more compact formula of a single story instead of interspersing a crime of the week, with season one of Broadchurch being among the best. The second season just concluded in the U.K. and a third season is planned. While not anywhere as good as the first season, the second season did turn out to be worth watching.

The second season of Broadchurch starts on BBC America on March 4 and there are major spoilers in the rest of this section for those planning to watch. The second season dealt with two story lines. The major story line is that Joe Miller recanted his confession to the killing of Daniel Latimer and the case wentto trial. This is the show which could have been named How To Get Away With Murder, as the person the viewer knows to be guilty was found not guilty in court in the season finale. The show has always concentrated on how the people of Broadchurch reacted to the murder, and for a moment it looked like they were going to respond to the faulty verdict with a lynch mob. Fortunately they did not go that far.

The show has a more powerful lesson about the limitations of the justice system with the erroneous acquittal of Joe Miller. It had me thinking that, if it also extended the story this long, how Gracepoint could have been a more significant show than it was by nearly copying everything from Broadchurch. The high profile cases in which the legal system has failed in handling whites who have killed blacks in this country could have provided a more topical influence, while still retaining aspects of Broadchurch.

The B storyline from Broadchurch involving the killings of two girls years ago was by far the weaker, and was tied up very quickly following the more interesting aspects involving Joe Miller. The season might have been better if it was shorter and this was left out.

Arrow Oliver and Ra’s al Ghul

Arrow was not a finale but, going on hiatus for a month, there was yet another cliff hanger on Nanda Parbat. How does Oliver respond to Ra’s al Ghul’s offer and also save both Diggle and Malcolm Merlyn? Marc Guggenheim answered some fan questions, including questions about Felicity sleeping with Ray Palmer, but no clues as to how the cliff hanger will be  resolved.

There are also reports of yet another planned spin-off. It will star Brandon Routh (Ray Palmer/The Atom), Victor Garber (Martin Stein, one-half of Firestorm on “The Flash”), Wentworth Miller (Captain Cold) and Caity Lotz (The first Black Canary). This raises at least two question. If Victor Garber is present, what about Robbie Amell, who plays the other half of Firestorm? As the Black Canary was killed, does this mean that the Canary will return to life, or that she will play a different character?

The other planned show in the same universe, Supergirl, has added a former Superman and Supergirl to the cast,  Dean Cain, who played Clark Kent in Lois & Clark: The New Adventures of Superman, and Helen Slater, who stared in the 1984 Supergirl movie. Calista Flockhart has also been added to the cast.

12 Monkeys 2

12 Monkeys had another strong episode in which time travel, along with the relationship between Cole and Cassie, played a big part. There was also a sort of role reversal here like on Sleepy Hollow. With his time jumping, there was a period in which Cassie was ahead of Cole, and realized he could be going to his death but could not warn him. There is no doubt that Cole will return, as was verified by executive producer Natalie Chaidez, but with time travel it is possible that he will not return in the same timeline to the point after this episode concluded for Cassie. He is certainly going to make it back to 1987 at some point. The episode also included an evil version of Edward Snowden, but the CIA was far more evil in unleashing a virus to try to kill him without taking the blame.

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