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

Clinton Press Conference NBC

As I discussed previously, one of the more serious aspects of Hillary Clinton violating rules regarding government records is that she used her private server to avoid Freedom of Information Act requests, including requests from the Associated Press. AP is now filing suit:

The Associated Press on Wednesday sued the State Department to force the release of email correspondence and government documents from Hillary Rodham Clinton’s tenure as secretary of state.

The legal action follows repeated requests filed under the U.S. Freedom of Information Act that have gone unfulfilled. They include one request the AP made five years ago and others pending since the summer of 2013.

The suit in U.S. District Court comes a day after Clinton broke her silence about her use of a private email account while she was America’s top diplomat.

The FOIA requests and the suit seek materials related to her public and private calendars; correspondence involving aides likely to play important roles in her expected campaign for president; and Clinton-related emails about the Osama bin Laden raid and National Security Agency surveillance practices.

“After careful deliberation and exhausting our other options, The Associated Press is taking the necessary legal steps to gain access to these important documents, which will shed light on actions by the State Department and former Secretary Clinton, a presumptive 2016 presidential candidate, during some of the most significant issues of our time,” said Karen Kaiser, AP’s general counsel.

Said AP Executive Editor Kathleen Carroll: “The Freedom of Information Act exists to give citizens a clear view of what government officials are doing on their behalf. When that view is denied, the next resort is the courts.”

Other media outlets have made similar complaints, so this might not be the only suit.

Despite claims made during her misleading press conference yesterday, Clinton has violated Section 1236.22 of the 2009 National Archives and Records Administration requirements, along with what White House spokesmen describe as “very specific guidance” from the White House. While some Clintonistas follow their usual formula of denial of wrongdoing on the part of the Clintons, distraction, and demonization of critics, the media has been fact-checking and debunking Clinton throughout the day. Some Clintonistas are claiming this story is coming from Republicans and Fox, ignoring the fact that the story originated in The New York Times and it has been liberal magazines and blogs who have been criticizing her misconduct on principle.  Andrea Mitchell reported on problems on record retention in the Clinton State Department on NBC tonight. NPR’s All Things Considered was just one of many media outlets which debunked statements made during her press conference, including her claims that she did not break the rules:

Clinton admitted her decision to carry one smartphone device rather than two during her tenure as secretary of state might have been a mistake. Apart from that, though, Clinton maintained her conduct regarding her email was by the book.

Others aren’t so sure. For instance, Clinton said it was “undisputed” that “the laws and regulations in effect” when she was secretary of state allowed her to use her personal email account for work. Tom Blanton, director of the National Security Archive at George Washington University in D.C., disagreed. He said the Federal Records Act of 2009 “in effect discouraged the use of personal email for official business.”

Clinton was confirmed as secretary of state in January 2009. The Records Act did not prohibit use of personal email accounts, but Blanton said the language is clear. “It says the head of every federal agency — and that’s who she was as secretary of state — is responsible for making sure that records of that agency’s business are saved on agency record systems,” he said.

Blanton said that does not include a server in Clinton’s Chappaqua, N.Y., home.

Clinton also asserted: “For any government employee, it is that government employee’s responsibility to determine what’s personal and what’s work-related.”

Blanton said Clinton did indeed have the right to separate out her personal emails from official records. But had those emails been on a government server, it would have been a more transparent process, he said. “If those emails were in the State Department system, that separation of personal or non-record material from the official stuff would be done by a professional records manager or professional archivist, a civil servant — not an aspiring politician and her lawyers.”

Similar coverage from The Guardian:

How can Clinton believe she didn’t violate any rules?

Clinton also said at the press conference she “fully complied with every rule I was governed by”. Well, actually: a 2005 State Department directive said “It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [Automated Information System], which has the proper level of security control to provide nonrepudiation, authentication and encryption, to ensure confidentiality, integrity, and availability of the resident information.”

Sources told Politico the rules were “clear-cut”. An ambassador was harshly criticized in 2012 for breaking this rule in the same manner Clinton did and subsequently fired in part for using a private email account at work. And Clinton herself signed a State Department cable in 2011 saying that all ambassadors should avoid personal email for professional business.

This is just a small sample of the criticism of Clinton from the liberal media. Meanwhile from the center, Ron Fournier did a good job of summing up what it is important:

Her rule-breaking and obfuscation force anybody who is not paid by Clinton or blindly loyal to ponder an uncomfortable choice. Clinton either has no idea how much damage she’s doing to her image and her party (which doesn’t speak well of her crisis-management skills) or there is something untoward in those emails.

It would be nice if we could all assume the former: She’s just a lousy candidate, not a liar or a crook. But the vast majority of Americans have no faith in politicians, politics, or government. Most know the Clintons’ history of stonewalling. And to those people, her answer to legitimate questions about government email and the Clinton Foundation is, “Trust me.”

The Washington Post Fact Checker gave Clinton three Pinocchios for her spin on the rules:

By the time Clinton took office, federal expectations for archiving electronic records were clearer than they were under Powell’s tenure. That does not absolve Powell for not being able to locate his records a decade later, or for not turning them over to National Archives back then. But it does mean that Clinton was held to a more definitive standard. Moreover, this common defense among her supporters is used to deflect the central issue: that Clinton exclusively used a personal account, and did not provide records until she was requested to, after she left office. That is the most relevant point, so the Democrats earn Three Pinocchios.

Unless smoking gun comes up, or Clinton botches further controversies as badly as this, most likely she will still win the nomination. This scandal, and other problems such as during her book tour, have raised questions from all sides of the political spectrum as to whether another Democrat can beat Clinton for the nomination. Several writers on the left are suggesting that Clinton needs a primary challenge.  The Weekly Standard has an interesting suggestion from the right:

As reporters and members of Congress begin to dig into the Clinton email scandal, former Democratic presidential candidate has announced an upcoming visit to Iowa. He’ll be in the important caucus state from May 5-7, as part of a training sessions for the Climate Reality Project, of which he’s chairman…

While Gore has not expressed presidential ambitions in some time, some Republicans cannot help but wonder about the timing of the trip.  Especially as the Clinton email scandal begins to grow.

“When it comes to politicians visiting Iowa, I don’t believe in coincidences,” one experienced Republican hand says.

“Al Gore, like Hillary Clinton has spent most of his life in politics. Running for office is something that’s in his blood, and he probably thinks that the waters for a potential bid are getting a little, shall we say, warmer.”

I suspect that it is purely coincidence that this climate meeting is in Iowa this spring, but this is also one of the rare times that I hope that Republicans speculation is right. If Hillary Clinton’s campaign continues to self-destruct, Democrats would benefit from a candidate who is not only well known, but who once even won the popular vote for the presidency. His move to the left while Clinton has moved to the right would, of course, be another big plus from my perspective.

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Question of the Day: Jon Stewart On Lies About Iraq

Jon Stewart

“Never again will Brian Williams mislead this great nation about being shot at in a war we probably wouldn’t have ended up in if the media had applied this level of scrutiny to the actual f**king war.” –Jon Stewart

This again raises the question–if Brian Williams is now being punished for lying about Iraq, what about Bush and Cheney?

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Quote of the Day: Seth Meyers on CNN

Seth Meyers

“CNN is developing a game show to be hosted by Anderson Cooper. It will be just like the other CNN shows except the contestants will make wild guesses instead of the news anchors.” –Seth Meyers

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Jon Stewart Leaving The Daily Show

Jon Stewart

Comedy Central has confirmed reports that Jon Stewart will be leaving The Daily Show by the end of the year when his contract expires.

As with most major news these days, the mainstream media was bypassed, and this was released on Twitter:

There is no news as to what Stewart plans to do next. Considering he plans to be free prior to the first primaries, maybe Stewart plans a last minute challenge to Hillary Clinton for the Democratic nomination. Or perhaps he will replace Brian Williams at NBC News. It is only fair that Williams be punished for lying about Iraq, but I’m still waiting for Bush and Cheney to receive their punishment.

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John Oliver Exposes Pharmaceutical Marketing

John Oliver and Last Week Tonight returned on HBO last weekend with a biting expose of the pharmaceutical industry (video above). Like Jon Stewart, Oliver’s comedy version of the news is far more revealing than what is seen on most actual news reports. Last Week Tonight also has the advantage of spending more time on a single story than either Jon Stewart or actual news shows.

Oliver pointed how how Americans are addicted to prescription drugs, spending almost $330 billion on them. He suggested that Walter White of Breaking Bad could have made a lot more money cooking up drugs for rheumatoid arthritis instead of meth. He lampooned the efforts of pharmaceutical companies to influence the prescribing habits of physicians, describing their ethics with this comparison:  “Drug companies are a bit like high school boyfriends; they are much more concerned with getting inside you than being effective once they are in there.”

Oliver concluded with a warning about doctors who take large amounts of money from the pharmaceutical industry with a mock public service commercial, Ask Your Doctor:

Here’s how it works. Money combines with the cash receptors in your doctor’s wallet to create fast-acting financial relief, so your doctor can rest easy and enjoy life.

Common side effects of doctors taking money may include chronic overprescription, unusually heavy cash flow, dependency on free samples, inflammation of confidence, affluenza and an increased tendency to suggest off-label prescriptions, which in turn can cause heart attack, stroke, loss of feeling in arms and legs, seizures, blurred vision, grinding of the teeth, temporary deafness, total blindness, numbness, sudden bursts of rage, angry erections lasting over 17 hours, and death.

Ask your doctor today if he’s taking pharmaceutical company money. Then ask your doctor what the money is for. Ask your doctor if he’s taken any money from the companies that make the drugs he’s just prescribed for you. Then ask yourself if you’re satisfied with that answer.

The story was quite accurate. If this was a documentary as opposed to a comedy show my only complaint is that it concentrates on one side of the story in portraying doctors who take money and are susceptible to pharmaceutical sales pitches. Many doctors actually are quite aware of the problem and many do not take any meaningful amount of money from pharmaceutical companies.

For example, Oliver quoted a drug rep as being disturbed when a doctor asked her for advice on treating a patient as she is just a poli-sci major. I often feel the opposite, when pharmaceutical reps act as if they are qualified to give me advice (invariably involving greater use of their drug), knowing how little pharmaceutical or medical background most of them have. While I do accept samples in order to help out patients, which requires me to have some contact with drug reps, I am certainly not going to consider anything they say to be anything other than advertising. One time I even had a drug rep run out of my office crying when I didn’t play long with her sales pitch. We also have not been too welcoming to the rare drug rep who attempts to get back into our sample room in order to put his drugs in front and hide the samples form the competition.

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Quote of the Day: Conan on The Cable News Networks

“A new study has found that watching Fox News can make you more conservative and watching MSNBC can make you more liberal. And watching CNN can make you think that no plane has ever safely reached its destination.” –Conan O’Brien

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Fox Twitter Hashtag Backfires

On Tuesday Fox & Friends asked Twitter users to post things they were over with the hashtag #OverIt2014. They started with Fake Journalist Barbie tweeting, “I’m over attacks against Christianity.” This worked out about how you might expect.  Gawker reported some of the snarky responses, and far more are now up:

You get the idea. The responses are continuing to come in at a rapid rate.

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Navy SEAL Describes How Osama bin Laden Died As A Coward

Robert O’Neill, reportedly the Navy SEAL who shot Osama bin Laden, was interviewed by CNN and had some comments on how bin Laden died. Gawker summarizes:

In a previously unreleased audio interview aired last night on CNN, O’Neill told freelance journalist Alex Quade that he had used details of bin Laden’s death to bring closure to the families of 9/11 victims, saying:

“[O]ne thing I tell them is ‘All right, Osama bin Laden died like a pussy. That’s all I’m telling you. Just so you know. He died afraid. And he knew that we were there to kill him.'”

“You can quote me on this bullshit,” said O’Neill.

Bin Laden’s alleged killer also told Quade that SEAL Team Six was sent after the Al Qaeda leader “because they wanted him dead” and that “it doesn’t matter anymore if I am ‘The Shooter.'”

“I don’t give a fuck,” said O’Neill. “We got him. We brought him out and we lived.”

Mediaite also describes how he “used details of the terrorist mastermind’s death to provide comfort to 9/11 families.”

He also will be interviewed on Fox. Does that mean that Fox viewers actually believe that bin Laden was killed under Obama? There really are conservatives who deny this, seeing yet another conspiracy theory in the reports of his death. After all, as MisterConservative said, we never saw the body, and Benghazi!

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Republicans Beat Something With Nothing Other Than Negativity And Fear

Ronald Reagan couldn’t save the Senate for the Republicans in his 6th year. While the closeness of the polls left hope until the end, realistically the Democrats were not in a situation to defy history. There were two tends which the Democrats could not overcome. When people are unhappy, they look at the president regardless of who is actually to blame. Running a campaign based upon negativity was a winning formula for Republicans. Democrats were further hampered by the older and whiter electorate in midterm elections as once again large portions of the Democratic base stayed home for a midterm.

Republicans won by avoiding discussion of what they would do in power, beating something (Obama) with nothing. Americans who vote for Republicans to retake control of the Senate out of concern about current problems are as delusional as Russians who want the return of Stalinsim. It makes no sense to trust the party which created the economic downturn with fixing it, and Americans certainly do not want the Republican social or militarist agenda. The party which opposes most government action (other than imposing the agenda of the religious right, foolish military action, or rigging the system to transfer wealth to the ultra-wealthy) is hardly likely to propose real solutions to problems.  Polling on issues generally shows a majority favoring Democratic views but that does not help in elections where Republicans concentrate on distorting the views of their opponents and  hiding their own views.

That said, I am disappointed (as usual) in the Democrats as a political party. Yes, all the fundamentals were against them. So they took the cowardly way out, running away from not only Obama but from principles. If they ran a campaign based upon their accomplishments and the problems with GOP principles they very well still might have lost in this atmosphere, but at least their campaign would have meant something. Plus, considering how close the polls were, just maybe they could have won some more seats.

Of course that isn’t something that can be done in the last few months of a campaign. It requires a change in attitude and behavior of the party every year, acting as if it was a perpetual battle of ideas–as Republicans do even though they run on bad ideas. When Democrats run from their own record and fail to speak out on the issues, they leave themselves wide open to being defined by their opponents.

The Republicans were successful in hiding their most extreme views. They did receive some help from a friendly media in this regard as many of the most extreme statements from Republicans such as  Joni Ernst received too little attention. When Mitch McConnell tried to make his desire to repeal Obamacare more popular by claiming the people of Kentucky would still have their popular exchange, the media concentrated far more on the less important refusal of Alison Lundergan Grimes to say whether she voted for Obama. When liberals spoke out on this, the media did begin to pay more attention to McConnell’s gaffe, showing there is benefit to serious discussion of the issues by liberals. If only Democratic candidates had the courage to do this too.

External events helped the Republicans. Widespread opposition to Congressional Republicans over the threat of a government shutdown of October 2013 was forgotten after the initial failed roll out of the exchanges, even if this was quickly fixed. Republicans gained further by promoting exaggerated fears of ISIS and Ebola.

The Republicans avoided saying what they would do while running, but now will be under closer scrutiny. Republicans decided upon a strategy of opposing everything Obama does, including if he promoted policies previously favored by Republicans, from before he took office. Now that they control Congress, this might no longer be their best strategy. Many Republicans will mistakenly see this election result as a mandate and try to move even further to the right. Some must be intelligent enough to realize that Republican victories with the midterm electorate will not translate into victories with the younger and minority voters who turn out in greater numbers for general elections. While it is hard to see the two parties work together on many of the big issues such as climate change, there might be some pragmatic legislation which both McConnell and Obama could agree on, considering Obama’s long-standing willingness to compromise with Republicans.

McConnell is attempting to portray a more moderate image, but even if this is his personal desire he still has to deal with the far right wing of his own party. He might even find that he cannot pass legislation without Democratic cross over support. It remains to be seen whether McConnell will pass legislation which doesn’t beg for a Democratic filibuster or presidential veto, especially if Tea Party Republicans push through amendments to legislation to attempt to repeal Obamacare or restrict access to contraception. The Tea Party wing is least likely to realize that this election does not signify agreement by American voters with their goals. An example of this was seen with the failure of Personhood measures even in red states. Republicans won midterm elections but their policies remain opposed by a majority of Americans.

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Car Talk Co-Host Tom Magliozzi Dies at 77

NPR reports that Car Talk co-host Tom Magliozzi has died at 77:

Tom Magliozzi, one half of the wisecracking Car Talk duo known as “Click and Clack the Tappet Brothers,” has died after complications from Alzheimer’s Disease. He was 77.

Car Talk Executive Producer Doug Berman sent this note Monday:

“I have the sad duty to report today that Tom Magliozzi, one of the hosts of Car Talk, passed away this morning due to complications of Alzheimer’s Disease.

“Tom’s been such a dominant, positive personality amongst us for so long that all of us in the public radio family — and I include our millions of listeners — will find this news very difficult to receive.”

The two retired in 2012 and their show continues to be played in reruns.

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