Trump Can No Longer Claim He Is Not Under Investigation

Donald Trump has now been forced to stop repeating his claim that “I’m not under investigation” and instead complain about being the subject of a “witch hunt.” The status changed with the report from The Washington Post yesterday that  Robert Mueller is now investigating Trump for obstruction of justice:

The special counsel overseeing the investigation into Russia’s role in the 2016 election is interviewing senior intelligence officials as part of a widening probe that now includes an examination of whether President Trump attempted to obstruct justice, officials said.

The move by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a major turning point in the nearly year-old FBI investigation, which until recently focused on Russian meddling during the presidential campaign and on whether there was any coordination between the Trump campaign and the Kremlin. Investigators have also been looking for any evidence of possible financial crimes among Trump associates, officials said…

The obstruction-of-justice investigation of the president began days after Comey was fired on May 9, according to people familiar with the matter. Mueller’s office has taken up that work, and the preliminary interviews scheduled with intelligence officials indicate that his team is actively pursuing potential witnesses inside and outside the government…

Accounts by Comey and other officials of their conversations with the president could become central pieces of evidence if Mueller decides to pursue an obstruction case.

Investigators will also look for any statements the president may have made publicly and privately to people outside the government about his reasons for firing Comey and his concerns about the Russia probe and other related investigations, people familiar with the matter said.

Comey testified before the Senate Intelligence Committee last week that he was certain his firing was due to the president’s concerns about the Russia probe, rather than over his handling of a now-closed FBI investigation into Hillary Clinton’s use of a private email server as secretary of state, as the White House had initially asserted. “It’s my judgment that I was fired because of the Russia investigation,” Comey said. “I was fired, in some way, to change — or the endeavor was to change the way the Russia investigation was being conducted.”

There is significant cause to investigate Trump for obstruction of justice, but it remains unclear as to the actual crimes committed. There has not been any evidence presented of actual collusion between Trump and Russia to meddle in the election results. While I am waiting to see the results of the ongoing investigations, I have suspected that such claims might not hold up. This has often been raised by supporters of Hillary Clinton who do not accept her role in her failed campaign, with Shattered revealing that Clinton devised the strategy of blaming her loss on Russia and others within twenty-four hours of her loss.

My suspicion has been that any obstruction of justice involves a combination of covering for members of campaign and financial dealings with Russia. Along these lines,  The New York Times does report:

A former senior official said Mr. Mueller’s investigation was looking at money laundering by Trump associates. The suspicion is that any cooperation with Russian officials would most likely have been in exchange for some kind of financial payoff, and that there would have been an effort to hide the payments, probably by routing them through offshore banking centers.

Regardless of the specifics of the investigation, the news that Mueller is investigating Trump makes it much riskier for Trump to fire Mueller. There were reports earlier this week that Trump was contemplating this, replicating the infamous Saturday Night Massacre when Richard Nixon fired Archibald Cox during the Watergate investigations. Such a move would increase the chances that even Republicans might consider impeachment to replace Trump with Mike Pence. Pence, incidentally, has now hired outside counsel himself to handle Russia probe inquires.

More Legal Problems For Donald Trump

Donald Trump’s failure to follow the Constitution is causing him further legal problems. He is now facing a lawsuit for violating the emoluments clauses of the Constitution in accepting payments from foreign governments. The Washington Post reports:

Attorneys general for the District of Columbia and the state of Maryland sued President Trump on Monday, alleging that he has violated anti-corruption clauses in the Constitution by accepting millions in payments and benefits from foreign governments since moving into the White House.

The lawsuit, the first of its kind brought by government entities, centers on the fact that Trump chose to retain ownership of his company when he became president. Trump said in January that he was shifting his business assets into a trust managed by his sons to eliminate potential conflicts of interests.

The lawsuit, a signed copy of which Racine and Frosh provided to The Washington Post on Sunday night, alleges “unprecedented constitutional violations” by Trump. The suit says Trump’s continued ownership of a global business empire has rendered the president “deeply enmeshed with a legion of foreign and domestic government actors” and has undermined the integrity of the U.S. political system.

Trump’s Restraint In Tweeting During Comey Testimony Did Not Last Long

One of the biggest surprises on the day James Comey testified before Congress is that Donald Trump’s lawyers were temporarily able to dissuade him from going ahead and responding on Twitter as he had previously planned. It had to be quite difficult considering how Comey was saying that Trump’s stated reasons for lying “were lies, plain and simple.”

After staying quiet during the testimony, Trump ultimately tweeted: “Despite so many false statements and lies, total and complete vindication…and WOW, Comey is a leaker!”

Trump is threatening legal action against Comey for releasing memos concerning the content of their meetings. Philip Bump looked into the legality of Trump retaliating against Comey:

President Trump’s declaration that the Thursday testimony of former FBI director James B. Comey was a “total and complete vindication” despite “so many false statements and lies” was the sort of brashly triumphant and loosely-grounded-in-reality statement we’ve come to expect from the commander in chief. It was news that came out a bit later, news about plans to file a complaint against Comey for a revelation he made during that Senate Intelligence Committee hearing meeting, that may end up being more damaging to the president.

As the news broke, I was on the phone with Stephen Kohn, partner at a law firm focused on whistleblower protection. We’d been talking about where the boundaries lay for Comey in what he could and couldn’t do with the information about his conversations with the president. Kohn’s response to the story about Kasowitz, though, was visceral.

“Here is my position on that: Frivolous grandstanding,” he said. “First of all, I don’t believe the inspector general would have jurisdiction over Comey any more, because he’s no longer a federal employee.” The inspector general’s job is to investigate wrongdoing by employees of the Justice Department, which Comey is no longer, thanks to Trump — though the IG would have the ability to investigate an allegation of criminal misconduct.

“But, second,” he continued, “initiating an investigation because you don’t like somebody’s testimony could be considered obstruction. And in the whistleblower context, it’s both evidence of retaliation and, under some laws, could be an adverse retaliatory act itself.”

In other words, Comey, here, is an employee who is blowing the whistle, to use the idiom, on his former boss. That boss wants to punish him for doing so. That’s problematic — especially if there’s no evidence that Comey actually violated any law that would trigger punishment…

“The constitutional right to go to the press with information on matters of public concern, as long as you’re not doing it in a way that will bring out classified information,” Kohn said, “the reason why that is protected constitutionally is that the courts — including the U.S. Supreme Court — have ruled that the public has a constitutional right to hear this information.” In other words, it’s constitutionally protected speech.

Trump now says he is willing to testify under oath about Comey’s statements. Bill Clinton was impeached for perjury related to relatively minor falsehoods unrelated to his performance as president. Any false statements made by Trump under oath with regards to the firing of the FBI Director should be an even more serious matter.

Comey’s testimony did not provide any evidence of collusion between Trump and Russia to alter the results of the election as many Democrats claim occurred, but did provide further suggestion of obstruction of justice. BBC News provided this analysis:

In one of those exchanges, the president said he “hoped” Mr Comey could “find his way” to dropping an investigation into then-national security adviser, Michael Flynn, a Trump ally who was under scrutiny over his ties to Russia.

We knew that already – Mr Comey made details of the meeting public several weeks ago – and Committee Republicans sought on Thursday to paint it as an innocent exchange: “I hope” was not an instruction, they said.

The former FBI director declined to offer his own opinion at the hearing on whether the president was attempting to obstruct justice, saying only that he found their exchange “very disturbing”. Whether the president had broken the law would be a matter for special counsel investigator Robert Mueller to decide, he said.

So what’s changed? Alex Whiting, a Harvard Law professor and former federal prosecutor, said the oral testimony gave new and legally significant insight into how Mr Comey interpreted the president’s words in the moment.

“The critical aspect of an obstruction case is assessing the intent of the speaker and whether it was corrupt,” Mr Whiting said. “People communicate with much more than words, and some of the best evidence for what a speaker meant can be how the speaker was understood at the time.”

Mr Comey’s testified on Thursday that he clearly understood Mr Trump to be pushing him to drop the inquiry. We also heard for the first time that the president cleared the room before making the remarks, removing even Mr Comey’s boss, the attorney general.

Added to that, Mr Comey, who has a long history of high-profile legal positions and who took meticulous notes directly after his meetings with the president, was a “dream witness”, Mr Whiting said. “I think if you take together his written and oral testimony together, he has now made a prima facie case of obstruction of justice.

Interpretation of the hearings comes down to whether you believe James Comey or Donald Trump. The suggestion that Trump might have tapes certainly did not scare Comey. The quote of the day out of the hearings was Comey saying:  “Lordy, I hope there are tapes.” If there are, my bet is that any tapes made by Donald Trump will be as devastating to him as the tapes made by Richard Nixon.

Matt Taibbi On How The Democrats Need A New Message

Matt Taibbi used the victory by Greg Gianforte in Montana to review what is wrong with the Democratic Party. If this was just a loss in Montana it could easily be ignored as a case of people in a deep red state voting for party regardless of how awful the candidate was. The real message is how often the Democrats have lost:

The electoral results last November have been repeated enough that most people in politics know them by heart. Republicans now control 68 state legislative chambers, while Democrats only control 31. Republicans flipped three more governors’ seats last year and now control an incredible 33 of those offices. Since 2008, when Barack Obama first took office, Republicans have gained somewhere around 900 to 1,000 seats overall.

There are a lot of reasons for this. But there’s no way to spin some of these numbers in a way that doesn’t speak to the awesome unpopularity of the blue party. A recent series of Gallup polls is the most frightening example.

Unsurprisingly, the disintegrating Trump bears a historically low approval rating. But polls also show that the Democratic Party has lost five percentage points in its own approval rating dating back to November, when it was at 45 percent.

The Democrats are now hovering around 40 percent, just a hair over the Trump-tarnished Republicans, at 39 percent. Similar surveys have shown that despite the near daily barrage of news stories pegging the president as a bumbling incompetent in the employ of a hostile foreign power, Trump, incredibly, would still beat Hillary Clinton in a rematch today, and perhaps even by a larger margin than before.

Tabbi next ran through a long list of excuses the Democrats give for losing and correctly dismissed them:

The unspoken subtext of a lot of the Democrats’ excuse-making is their growing belief that the situation is hopeless – and not just because of fixable institutional factors like gerrymandering, but because we simply have a bad/irredeemable electorate that can never be reached.

This is why the “basket of deplorables” comment last summer was so devastating. That the line would become a sarcastic rallying cry for Trumpites was inevitable. (Of course it birthed a political merchandising supernova.) To many Democrats, the reaction proved the truth of Clinton’s statement. As in: we’re not going to get the overwhelming majority of these yeehaw-ing “deplorable” votes anyway, so why not call them by their names?

But the “deplorables” comment didn’t just further alienate already lost Republican votes. It spoke to an internal sickness within the Democratic Party, which had surrendered to a negativistic vision of a hopelessly divided country.

Things are so polarized now that, as Georgia State professor Jennifer McCoy put it on NPR this spring, each side views the other not as fellow citizens with whom they happen to disagree, but as a “threatening enemy to be vanquished.”

The “deplorables” comment formalized this idea that Democrats had given up on a huge chunk of the population, and now sought only to defeat and subdue their enemies.

Many will want to point out here that the Republicans are far worse on this score. No politician has been more divisive than Trump, who explicitly campaigned on blaming basically everyone but middle American white people for the world’s problems.

This is true. But just because the Republicans win using deeply cynical and divisive strategies doesn’t mean it’s the right or smart thing to do.

After further discussion, Taibbi got to his main argument that Democrats have no message other than to attack Republicans:

They’re continuing, if not worsening, last year’s mistake of running almost exclusively on Trump/Republican negatives. The Correct the Record types who police the Internet on the party’s behalf are relentless on that score, seeming to spend most of their time denouncing people for their wrong opinions or party disloyalty. They don’t seem to have anything to say to voters in flyover country, except to point out that they’re (at best) dupes for falling for Republican rhetoric.

But “Republicans are bad” isn’t a message or a plan, which is why the Democrats have managed the near impossible: losing ground overall during the singular catastrophe of the Trump presidency.

The party doesn’t see that the largest group of potential swing voters out there doesn’t need to be talked out of voting Republican. It needs to be talked out of not voting at all. The recent polls bear this out, showing that the people who have been turned off to the Democrats in recent months now say that in a do-over, they would vote for third parties or not at all.

This is a far more realistic look at politics than we saw from Hillary Clinton last week when she called third party voters crazy, as she repeated her long list of excuses for losing. Personally I think it would have been far crazier to vote for a corrupt warmonger like Clinton or a xenophobic racist like Trump than to vote based upon principle for a third party.

Clinton is the most obvious example of a politician running with no message, beyond her gender and claims that it is her turn. This was most clearly seen at the end of the race, when she finally realized her mistake of not campaigning in states like Michigan where she was vulnerable. When Clinton finally realized at the last minute that she was in trouble, both candidates started advertising heavily. Trump’s ads contained promises of jobs while Clinton’s ads attacked Trump’s character without giving any good reasons to vote for her. Even if Trump’s promises lacked substance, it should come as no surprise that his message was more effective.

Clinton’s entire candidacy highlighted how the Democrats have no message and stand for nothing these days. Many people voted for the Democrats because of opposition to the policies of George W. Bush. Now the Democrats were running a candidate who backed all the worst features of the Bush agenda, especially support for military interventionism and a hostility towards government transparency. In 2007 Clinton attacked members of the Bush administration saying, “Our Constitution is being shredded” over their support for the surveillance state and use of private email. Now we had Hillary Clinton spending over a year lying about her own violations of policy written to promote transparency and mocking freedom of speech. Wikileaks even revealed how little difference there was on economic views between Hillary Clinton and Jeb Bush.

Democrats have been repeatedly losing by running as a Republican-lite party and refusing to stand for anything. Democratic rules since the loss by George McGovern have been rigged to support a more conservative candidate, and in 2016 the Democrats further intervened to clear the field for Clinton. The irony is that rules initially written with the intent of providing winning candidates gave them a candidate so bad that she could not even beat Donald Trump, and were used to prevent the nomination of a surprise candidate who showed he could win. Democrats failed to understand how the world has changed since 1972, and that the old left/right linear political spectrum no longer applies. At least Bernicrats now have some victories on the local level which are showing that a Democrat with a message does have a chance of beating Republicans.

Shattered Provides Insight Into How Clinton Doomed Her Campaign Over The Email Scandal

Chris Cillizza recently wrote about  a new study by a consortium of pollsters which showed how damaging the email scandal was to Hillary Clinton. While overall his article is worth reading, I am puzzled by the title and wonder if perhaps someone else had written it: Hillary Clinton’s ’email’ problem was bigger than anyone realized. Yes, the email problem was a major reason for Clinton’s defeat, although if this didn’t exist I suspect that many other things in Clinton’s history, and flaws in her character, would have served a similar role in destroying her campaign. However, contrary to the title, many realized how damaging this could be to Clinton from the start. For example, back in March of 2015 I had a post entitled Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016. Initially other liberal bloggers also expressed concern at the time, but unfortunately partisanship replaced reason for many over the subsequent months. Many partisan Democrats would argue with my posts, claiming that Clinton had done anything wrong and denying that it would have any effect on the election. In retrospect, it is clear that my many warnings as to how dangerous it would be to nominate Hillary Clinton turned out to be correct.

Clinton has blamed the press, along with others such as Russia and James Comey, for her loss. Cillizza countered the argument that the media was responsible for dwelling on the email scandal:

This study will be used by liberals as evidence that the media’s unnecessary focus on Clinton’s email server cost her the election.

I’d agree that Clinton’s email server played a decisive role in deciding the election. But I wouldn’t agree with the idea that the media is responsible for it.

After all, it was Clinton who never seemed to grasp the seriousness of the issue and how it eroded the public’s already shaky confidence in her. Her inability to do those things meant she was never able to put the story behind her. And then the Comey announcement came, which undoubtedly surged the issue back to the top of many voters’ minds.

Whatever the reasons, when people thought of Clinton in the final weeks of the race, they thought of her emails. And that was a very bad thing for her.

The roots of the problem can be seen in Shattered: Inside Hillary Clinton’s Doomed Campaign. My most recent post on excerpts from the book showed how Clinton had devised the strategy of blaming others for her defeat within twenty-four hours of her election loss. Chapter 4 of the book dealt with the roots of the scandal and how Clinton was doomed by her own character flaws. This could be seen with her similar reaction to losing in 2008:

In the summer of 2008, years before her private e-mail server became a campaign issue, Hillary learned about the power of digital snooping. At the time, she was conducting an autopsy of her failed bid against Barack Obama, and she wanted an honest accounting of what had gone wrong. So she instructed a trusted aide to access the campaign’s server and download the messages sent and received by top staffers.

She believed her campaign had failed her—not the other way around—and she wanted “to see who was talking to who, who was leaking to who,” said a source familiar with the operation. Her political director, Guy Cecil, had talked with members of the media from his campaign account. Her chief strategist, Mark Penn, was a tyrant. And far too many of her minions had fought for turf and status rather than votes.

Prizing loyalty most among human traits, Hillary was unsettled by these acts of betrayal. So as she dragged staffers into meetings in Washington to assess what had gone wrong, disloyalty and dysfunction were seldom far from her mind. The men and women she met with, apparently unaware that she had access to their e-mails, were amazed that a woman who had been traveling the country in pursuit of the presidency had such a detailed grasp of the machinations at the campaign’s command center in the Washington suburbs.

Having used other’s email against them, Clinton did not want to risk that her own emails could be reviewed. While on one level this was understandable, it was also a clear violation of the rules for cabinet officials when Clinton became Secretary of State in 2009. When this scandal broke, she did not realize what a threat it would be to her candidacy. When it did become a problem, she once again placed the blame on others, as opposed to taking responsibility for her own actions:

While Hillary spent a lot of time calculating risks, she was often a terrible judge of how her actions could backfire and turn into full-blown scandals. When news of her private e-mail server first surfaced in the New York Times on March 2, 2015, she looked at it as the campaign’s first wave of “choppy waters” rather than the tsunami that it would become.

It’s not that she failed to understand that more negative press was on its way, or that she might have a legal problem on her hands. But her response, and that of her team, reflected an epic underestimation of an existential threat to her candidacy. At times, under the stress of an unrelenting feeding frenzy of reporters, Republican lawmakers, and federal investigators, Hillary and her advisers would lose faith in one another’s judgment and competence. The candidate would blame her staff for failing to contain the damage, and, privately, they would fault her for failing to take the steps necessary to do that…

Of course, Hillary should have been angry with herself. She’d taken actions that could have prevented her records from becoming public during a presidential run, and the maneuver had backfired badly. But Hillary instead turned her fury on her consultants and campaign aides, blaming them for a failure to focus the media on her platform. In her ear the whole time, spurring her on to cast blame on others and never admit to anything, was her husband. Neither Clinton could accept the simple fact that Hillary had hamstrung her own campaign and dealt the most serious blow to her own presidential aspirations.

That state of denial would become more obvious than ever to her top aides and consultants during a mid-August conference call. Benenson, Grunwald, Margolis, Anzalone, Podesta, Mook, Abedin, and Schwerin were among the small coterie who huddled in Abedin’s mostly bare corner office overlooking the East River at the campaign’s Brooklyn headquarters. Hillary and Bill, who rarely visited, joined them by phone.

Hillary’s severe, controlled voice crackled through the line first. It carried the sound of a disappointed teacher or mother delivering a lecture before a whipping. That back end was left to Bill, who lashed out with abandon. Eyes cast downward, stomachs turning—both from the scare tactics and from their own revulsion at being chastised for Hillary’s failures—Hillary’s talented and accomplished team of professionals and loyalists simply took it. There was no arguing with Bill Clinton.

You haven’t buried this thing, the ruddy-cheeked former president rasped. You haven’t figured out how to get Hillary’s core message to the voters. This has been dragging on for months, he thundered, and nothing you’ve done has made a damn bit of difference. Voters want to hear about Hillary’s plans for the economy, and you’re not making that happen. Now, do your damn jobs.

“We got an ass-chewing,” one of the participants recalled months later.

Hillary came back on the line to close the lecture. It was hard to tell what was worse—getting hollered at by Bill or getting scolded by the stern and self-righteous Hillary. Neither was pleasant. You heard him, she admonished. “Get it straight.”

It was an astonishing moment—and one that would stick in the minds of Hillary’s aides for the rest of the campaign—for two reasons. First, Hillary was already inaccessible to most of her own staff, preferring to communicate through Abedin. So, a phone call featuring both Hillary and Bill was a real rarity. But more important, the scapegoating tone and tenor revealed that the Clintons were either living on another planet or at least having emotional and intellectual difficulty coming to terms with the reality that only Hillary was culpable and only Hillary could turn things around.

Hillary’s aides didn’t need to wonder why her economic message wasn’t breaking through. It wasn’t rocket science. She hadn’t told the truth to the public about her e-mails, and she was under federal investigation.

On the ground in Iowa, the e-mail scandal was hurting her ability to build a volunteer organization. “We’re asking someone to give a bunch of their time. All they’re hearing is how untrustworthy she is,” said one campaign official. And it was death among actual caucus-goers. “We saw it in all the research. It was a slow burn. The caucus electorate, any primary electorate, is disproportionately watching cable news. And it was every day for six months.”

Beyond giving caucus-goers pause and hampering her volunteer-recruitment efforts, the scandal appeared to tamp down the willingness of Hillary supporters across the country to lobby friends on Facebook and followers on Twitter. “There’s a social cost to supporting Hillary,” one of her aides said. The e-mail issue “made it weird and costly for people to be for her.”

The problem for Clinton was that the scandal wasn’t viewed as an isolated event. It reinforced Clinton’s well-deserved reputation for dishonesty, and seeing herself as above the rules which others must adhere to:

That dynamic played right into the hands of Sanders, who held himself out as an honest change agent and tweaked Hillary here and there on her lack of transparency—a theme that hinted at the e-mail scandal, questions about the Clinton Foundation, and her refusal to release transcripts of the private paid speeches she’d given to Wall Street banks before the campaign. When Hillary had been advised by some allies not to speak to banks before the campaign, one confidant said, her response had been “They’ll hit us on something.”

The e-mail story and the Wall Street speeches illustrated the contrast Bernie was trying to draw with Hillary—he was honest and she was corrupt—and they were giving ever more oxygen to a once-quixotic Sanders campaign…

When voters were asked to describe her with a single word, “liar” was the one most frequently used. A lot of that came from Republicans, but it had a psychic effect on Democrats who had looked at her as the party’s likely nominee.

Over the course of the summer, the confidence of party insiders had been replaced by a degree of paranoia that nearly matched Hillary’s own outsize phobia. She was convinced that leaks of information had helped doom her 2008 campaign. In reality, the leaking and disloyalty were symptoms, not the cause, of the dysfunction in her first run for the White House. As long as she was seen as the prohibitive favorite to win the primary and the election, Democrats would fear being branded traitors or leakers. But if she wasn’t going to be in a position to reward or punish them, they had no reason to worry about whether they were rated as ones or sevens on her loyalty scale. After the 2008 campaign, two of her aides, Kris Balderston and Adrienne Elrod, had toiled to assign loyalty scores to members of Congress, ranging from one for the most loyal to seven for those who had committed the most egregious acts of treachery. Bill Clinton had campaigned against some of the sevens in subsequent primary elections, helping to knock them out of office. The fear of retribution was not lost on the remaining sevens, some of whom rushed to endorse Hillary early in the 2016 cycle.

This time, nothing was coming easy: her campaign was under fire every minute of every day. Worst of all, it was the candidate herself who was responsible for the initial e-mail blunder, and she and her husband were still intractable on the question of when she would apologize, if ever…Hillary had been prescient about external threats to her campaign…But when it came to her own behavior—to the threat she posed to herself—she’d been incapable of gauging its gravity and reluctant to avail herself of the only option for fixing it. Too little, too late, she’d now tried to address it.

Clinton told a long series of lies to try to cover up her violation of the rules and unethical behavior, but they did not save her. It is debatable whether a quick confession of guilt and apology would have changed anything, but by repeatedly lying and giving excuses for her behavior, Clinton helped keep the story alive until November.

This all culminated in James Comey’s letter shortly before the election. The impact of this is debatable as Clinton’s support started dropping before it was released, and if it did hurt Clinton she deserved the blame violating the rules and creating the need for the FBI investigation of her actions. At the time Barack Obama was publicly supporting her out of party loyalty, but privately he had a different attitude:

Obama had been briefed on the Comey statement, seemingly just the latest turn in an unfolding story he’d kept up with from the Oval Office. And, of course, he’d been asked about the e-mail issue more times than he would have liked. Publicly, he toed the company line and said he knew Hillary wouldn’t intentionally mishandle information—and he believed that. But inside the secluded confines of the West Wing, he confided his true feelings. He couldn’t understand what possessed Hillary to set up the private e-mail server, and her handling of the scandal—obfuscate, deny, and evade—amounted to political malpractice. He wanted his friend to win, and yet she was exhibiting, again, some of the very qualities that had helped him defeat her in 2008. It was a classic unforced Clinton error, and he couldn’t believe that she and the people around her had let it happen. When would they learn?

He said nothing of this to Hillary. When he scratched his head or rolled his eyes, he did it in the privacy of the West Wing.

I have previously posted excerpts from Shattered  here,  here,  here, here, and here and have discussed why Clinton lost in multiple additional posts. Also see the excerpt I have posted from Insane Clown President: Dispatches from the 2016 Circus by Matt Taibbi on Hillary Clinton, which provides further insight into why Hillary Clinton should not have run for president in 2016 in light of the manner in which she used her political influence in an unethical manner to make money.

More Bad News For Trump On Travel Ban, Russia Probe, And GOP Health Care Plan

There was yet another round of bad news for Donald Trump the last couple of days. This includes a federal appeals court refusing to reinstate Trump’s travel ban. The United States Court of Appeals for the Fourth Circuit, in Richmond ruled that this was a violation of the First Amendment’s ban on government establishment of religion:

“Then-candidate Trump’s campaign statements reveal that on numerous occasions, he expressed anti-Muslim sentiment, as well as his intent, if elected, to ban Muslims from the United States,” Judge Gregory wrote. He cited, as an example, a 2015 statement calling for “a total and complete shutdown of Muslims entering the United States until our representatives can figure out what is going on.”

The travel ban is far more about prejudice than effective defense against terrorism. Donald Trump continues to show that his policies are counterproductive, most recently with police in the U.K. not wanting to share information with the United States due to leaks. Of course the biggest leaker of intelligence information in the Trump administration is probably Donald Trump himself.

There was additional bad news. Jared Kushner is reportedly under scrutiny by the FBI in the Russia probe. There are no specifics as to what his role was but the inclusion of Kushner is consistent with my suspicions that any misconduct by high administration officials will most likely turn out to be financial. Despite partisan claims, those involved with the investigation have consistently stated that there is no evidence of any collusion between Trump and the Russians with regards to meddling in the 2016 election. Without such collusion, any Russian meddling becomes of far less significance, representing the type of activity which both the United States and Russia has engaged in for decades. Shattered: Inside Hillary Clinton’s Doomed Campaign showed how the Clinton campaign initiated a strategy to blame Clinton’s loss on others, such as Russia, within twenty-four hours of her loss. 

While no crimes have been proven on Trump’s part before being elected, there has been a suspicious pattern of cover-up–and most likely obstruction of justice with the firing of James Comey. Evidence of this was further increased this week when news came out that Trump had attempted to get two top intelligence officials to help him block the FBI investigation. The Washington Post reported:

President Trump asked two of the nation’s top intelligence officials in March to help him push back against an FBI investigation into possible coordination between his campaign and the Russian government, according to current and former officials.

Trump made separate appeals to the director of national intelligence, Daniel Coats, and to Adm. Michael S. Rogers, the director of the National Security Agency, urging them to publicly deny the existence of any evidence of collusion during the 2016 election.

Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate, according to two current and two former officials, who spoke on the condition of anonymity to discuss private communications with the president.

Donald Trump and Congressional Republicans also received bad news this week when the Congressional Budget Office released their scoring of the House health care bill. Their report indicated that repealing ObamaCare in this nature would result in twenty-three million people losing health care coverage over ten years, and that many people with pre-existing conditions would find health insurance either unavailable or affordable.

Democratic Party Stronger Without The Clintons

The 2016 election was unique in which, while their partisans might not realize it, each party would be better off if their candidate lost the presidential election. Both parties had horrible candidates, and each party would pay a price if their candidate was president. The damage to the Republican brand since Trump has been elected has been obvious. This distracts from noticing the benefits to Democrats from not being dragged further to the right by DLC Democrats such as the Clintons.

Democrats have misread recent politics in seeing Bill Clinton’s victory as evidence that the path of the Democratic Leadership Conference was the way to win. In reality, Bill Clinton won due to his own personal political skills, not by his desire to turn the Democratic Party into a Republican-Lite Party. The Clinton/DLC philosophy too conservative and out of date in the 1990’s, and it is even less relevant to the 21st century. Democrats lost off year elections in 2010 and 2014 by running as Republican-Lite and refusing to stand for anything. This culminated in nominating Hillary Clinton, who managed to lose to Donald Trump.

While Clinton partisans will never agree, polling data and the election results presents a pretty strong case that if the Democrats had nominate Bernie Sanders instead of Clinton they could have won the White House, and probably taken control of the Senate. The Democratic establishment has totally misread the mood of the country and were misled by an out-dated left/right linear political spectrum, failing to see that many independents would vote for Sanders, but not for Clinton.

While the Democratic establishment still desires to exclude Sanders, others are giving him credit for revitalizing the Democratic Party. Buzz Feed editor Ben Smith writes, While You Were Watching Trump, The Democratic Party Changed: Bernie Sanders lost the primary but reshaped his party.

“What happened in the presidential campaign is that Bernie ran explicitly in support of a Medicare-for-all approach” — a simple framework for single-payer — “and what the politicians saw is that voters were fine with that,” said Vermont Rep. Peter Welch, a longtime advocate of single payer.

“It’s inclusive and it doesn’t get us into the identity politics divisions that are problematic,” he said. “It gets us into inclusive politics.”

And if Sanders made single-payer safe for Democrats, Trump’s extremely unpopular foray into health care policy with the American Health Care Act has created a new landscape. Democrats’ blend of private-sector structures with government money and incentives, Obamacare, never became truly popular. A Republican version of that hybrid system, tilted toward the markets and away from guarantees, isn’t popular either.

“Then the default becomes, well the private market doesn’t work, the next thing is single-payer,” said an insurance industry executive close to the politics of the issue, who noted that the CEO of Aetna recently shocked the industry by calling for a serious debate about what single-payer would look like. (To the insurance industry, it could look like a new sluice of predictable revenue.)

“This is probably going to be like what happened with Republicans on immigration,” the insurance industry official said. “You may even have a bigger swath of Democrats who are not for single-payer but the single-payer group is becoming so outspoken that other voices are muted.”

It remains to be seen whether the Democratic Party will really change for the better, but there was little or no hope if a politician as conservative as Hillary Clinton had won and had the opportunity to shape the party. While she claims at times to be a progressive, she is a “progressive” who fights for conservative results. Clinton was hardly progressive when she supported making flag burning a felony, censoring video games, supported restricting freedom of speech to fight terrorism, defended the use of cluster bombs in civilian areas, supported parental notification laws, making abortion rare (a statement which stigmatizes women who have abortions and plays into GOP attempts to restrict abortions), leaving gay marriage up to the states (a position she finally changed but lagging behind the country tremendously), the Patriot Act, the discriminatory Workplace Religious Freedom Act, working with the Fellowship in the Senate to increase the role of religion in public policy and undermine the principle of separation of church and state, opposed single payer health care, opposed needle exchange programs, supported a hard line on the drug war, promoted increased government secrecy, supported going to war in Iraq war based upon false claims of a connection between Saddam and al Qaeda (without even bothering to read the intelligence material made available for members of the Senate), pushed for military intervention in Libya and Syria, and resuming the Cold War with Russia.

If Clinton was president, far too many Democrats would be rationalizing and defending Clinton’s views and actions. Instead, the defeat of Clinton opens the door for a more liberal Democratic Party. It also increases the chances of Democratic gains in 2018. If Clinton had been elected, we would probably see a continuation of Democratic loses in Congress and state governments. Instead there is talk of a possible Democratic wave in 2018. For many matters, the state government has more day to day impact on our lives than the federal government. For those of us who saw our state governments get taken over by Republicans since 2010, the defeat of Clinton gives hope of throwing the Republicans out.

With Trump in the White House, we have terrible policies, but also massive opposition to him. Plus with Trump in the White House, we have the added benefit of seeing the Republican president being the subject of scandals and possible impeachment, instead of the inevitable scandals to be seen under Hillary Clinton. The manner in which she spent the last couple of years repeatedly lying about the email and Foundations scandals should provide additional warnings about what could be expected with Clinton in the White House.

Donald Trump has been a terrible president, but it would have been a disaster regardless of who won. At least there is now  hope for a better future.

Democrats Risk Continued Failure In Denying Reasons For Clinton’s Loss

Aaron Blake shows how Democrats are burying their heads in the sand with their denial as to how terrible a candidate Hillary Clinton was, even when Joe Biden and Bernie Sanders have pointed this out:

“I never thought she was a great candidate,” Biden said, according to reports. “I thought I was a great candidate.”

…Biden isn’t the first leading Democratic figure with possible designs on 2020 to apparently slight Clinton. Clinton’s 2016 primary foe, Sen. Bernie Sanders (I-Vt.), has repeatedly offered some version of this quote: “It wasn’t that Donald Trump won the election; it was that the Democratic Party that lost the election.”

Those comments have definitely rubbed some Clinton supporters the wrong way, and Biden’s are likely to even more so, given how direct they were.

Of course, Biden isn’t saying anything that most every election analyst hasn’t. You can make a pretty objective case that Clinton wasn’t a great candidate, given she lost an election she was expected to win to an opponent who became the most unpopular president-elect in modern history.

…in most situations, a party that lost a presidential campaign wouldn’t so fiercely guard the good name of the candidate who lost — much less one who had just lost a second presidential campaign in eight years. Republicans, for instance, were only so happy to place the blame for their 2012 loss squarely on the shoulders of Mitt Romney and his failure to connect with people. The same goes for Democrats and John Kerry in 2004.

So why not Democrats in 2017? Part of the reason is that they simply don’t feel Clinton really lost. Russia’s hacking, FBI Director James Comey’s late announcement about her emails (and the media’s coverage of that issue) and her popular vote win have combined to create a genuine sense that she was robbed — almost literally so. And Clinton has only fed that beast with her repeated comments dissecting the unfair reasons why she lost.

It’s a delicate dance for the likes of Biden and Sanders right now. They want to emphasize that the party can do better, but in doing so, they risk alienating some very passionate and outspoken Clinton supporters with an almost religious sense of righteousness about 2016.

Perhaps it could be done more delicately, but to pretend Biden is wrong about Clinton not being a great candidate is to bury your head in the sand. And that’s a pretty dangerous thing for Democrats to do right now.

Of course Hillary Clinton was one of the worst candidates ever nominated by a major political party. She unethically used her political career to build a personal fortune and capitalize on the Clinton name after Bill left office, despite how this shaped her reputation. As Matt Taibbi has argued, once she made this decision, she should have left politics. She has spent her career undermining liberal values–a progressive who gets conservative results. Polls showed long before the nomination that she was untrusted by the voters. She polled poorly among independents, liberals, swing state voters, and in the rust belt. Nominating her in the midst of her major scandals would have been as if the Republicans had nominated Richard Nixon after the Watergate scandal had become well known.

Donald Trump might have even bigger negatives than Clinton, but Clinton ran such a terrible campaign that she could not even beat him. Clinton’s own negatives were large enough to negate his. Democrats even allowed themselves to be outflanked on the left by the Republicans on economics and foreign policy with the nomination of Clinton (even if this was based upon incoherent positions held by Trump).

Shattered: Inside Hillary Clinton’s Doomed Campaign shows how Clinton latched onto the strategy of blaming other for her loss within twenty-four hours of her loss. Partisan Democrats who were foolish enough to nominate a candidate as unfit for public office as Hillary Clinton were also gullible to fall for this.

As I wrote in the previous post on her use of these excuses, The Wikileaks releases of hacked email hurt because it verified criticism that the DNC had violated its own rules in rigging the nomination for Clinton, and in showing Clinton’s dishonesty. There has been absolutely no evidence that anything released by Wikileaks was not accurate information. In blaming Russia, Clinton is admitting that the facts about her and the DNC were sufficient to sink her campaign.

Despite blaming the media, Clinton’s violation of the rules regarding her use of the private server was confirmed to be in violation of the rules in effect in 2009 by the Obama administration State Department Inspector General Report. Fact checkers repeatedly showed that Clinton was lying about the email and Foundation scandals. It was Clinton who grossly violated the ethics agreements she entered into before being confirmed as Secretary of State. Hillary Clinton, not the press, was responsible for this story.

In blaming James Comey, Clinton ignores the fact that James Comey would not have been investigating her in the first place if she had not grossly violated the rules regarding email and  hadn’t handled classified information in a careless manner. The investigation further hurt Clinton as Comey’s report demonstrated that she had repeatedly lied in her public statements about the matter. This gave further credence to her reputation of both seeing herself above the  law and of being dishonest. She further hurt herself when she repeatedly lied about what James Comey had reported.

Hillary Clinton brought this all on herself. Clinton lost due to both her own flaws, and the foolishness of those in the Democratic Party who supported her for the nomination, even to the point of violating their own party rules to rig the nomination for Clinton.

Democrats need to move on from both the disastrous nomination of Hillary Clinton and the entire DLC strategy of turning the Democrats into a Republican-lite party. Bill Clinton might have won on this strategy, but that was more because of his personal political skills than the wisdom of this conservative philosophy. Democrats have lost badly in 2010, 2014, and now 2016 by failing to stand for liberal principles. Instead of learning from their mistakes, the Democrats appear determined to repeat them. This includes recently excluding Bernie Sanders from the “Ideas Conference” held by the Center for American Progress.

The 2016 election might change politics for years to come. Donald Trump could damage the Republicans for many years, and Hillary Clinton could do the same to Democrats. It is not clear yet which party will be hurt the most by the awful choices they made in 2016. If we are lucky, the combination will end the two party duopoly and we will have real choices in the future.

Update: Clinton Now Adds DNC To Long List Of Those She Blames For Losing

Update II: Even Democrats Who Supported Clinton Want Her To Stop Her Blame Tour

Poll Shows More Voters Supporting Impeaching Trump; Health Care Puts House In Play

Public Policy Polling’s latest survey shows that only 40 percent of voters approve of the job Donald Trump is doing, which is better than the 36 percent approval in the latest Quinnipiac poll. For the first time PPP shows more voters (48 percent) in favor of impeaching Trump than are opposed (41 percent).

There is also bad news for Republicans as PPP found that health care has put control of the House in play:

Democrats now have a 49-38 lead overall on the generic Congressional ballot, up from 47-41 a month ago. Even more notable though is that among voters who say they’re ‘very excited’ to turn out in the 2018 election, the Democratic lead balloons to 27 points at 61-34. The outcome of lower turnout midterm elections often hinges on which side is more engaged, and Democrats have the clear advantage at this point on that front- 63% of their voters say they’re ‘very excited’ about voting in next year’s election, compared to only 52% of Republicans who say the same.

The American Health Care Act has been a complete disaster politically for Republicans.  Only 25% of voters support it, to 52% who are opposed. Even among Republican voters there’s only 49% support for the measure, while Democrats (76%) are considerably more unified in their opposition to it. Voters say by a 20 point margin that they’re less likely to vote for a member of Congress who supported the AHCA- just 27% say they’re more likely to vote for a pro-AHCA candidate, compared to 47% who are less likely to vote for one.

The health care debate has left Congress with a 15% approval rating and 68% of voters disapproving of it. Paul Ryan (25/59 approval) and Mitch McConnell (21/55 approval) are both very unpopular individually as well.

The current health care debate is also stoking new found respect for the Affordable Care Act. By a 53/27 spread, voters say they prefer the current ACA to the new AHCA. And just 29% of voters say they want to repeal the Affordable Care Act at this point, to 64% who would prefer to keep it and make fixes as necessary.

In other topics polled, only 37 percent support Donald Trump’s decision to fire James Comey, with 48 percent opposed.

This came before the latest controversy to affect Trump with stories that he divulged classified intelligence to Russian officials. This is particularly embarrassing for Trump after all of his calls to lock up Hillary Clinton for her mishandling of classified material as Secretary of State.

Dutch Documentary Looks At Donald Trump’s Ties To The Russian Mafia

While we need the results of a full investigation to be certain, I have suspected that investigating Trump and Russia from the perspective of influencing the election results is a simplistic explanation. It is also simplistic to blame Russia for Clinton’s loss and ignore both how weak a candidate she was and how poorly the campaign was run. Certainly Russia meddled in our election, as it has been doing for decades, and we have been doing in other countries, but I suspect that there are other reasons for all the suspicious behavior involving Russia and members of the Trump administration. A Dutch television report on Trump’s ties to Russian mobsters might provide the explanation for such behavior, along with Trump’s unwillingness to release  his tax returns.

The video is available on You Tube:

Alternet provides some background:

Donald Trump’s business partners have included Russian oligarchs and convicted mobsters, which could make the president guilty of criminal racketeering charges.

That’s one of the eyebrow-raising takeaways from a 45-minute Dutch documentary that aired last week, titled The Dubious Friends of Donald Trump, Part 1: The Russians. The first installment of the investigative reporting series, produced by Zembla, does what no American TV network has yet dared to do—take a deep look at the organized crime links and corrupt international business strategies used by Trump and his partners in his properties…

The documentary shows how Trump not only helped hide the identity of his mobster business partner, prompting an ongoing lawsuit accusing Trump of criminal racketeering, but also how Trump used that internal company crisis to demand more money. It goes on to show how Russian oligarchs saw Trump’s properties as a way to get their money out of Russia, and describes the international financial networks that are akin to a pyramid scheme for money laundering. It also notes how the law firm of Trump’s political adviser, former New York City mayor Rudy Guiliani, helped set up a money-laundering account in the Netherlands used by Bayrock.

 

The following description is given for the video:

Although still in its early days, Donald Trump’s presidency is coming under fire. The Russians are alleged to be in possession of sensitive information about Trump. And that exposes Trump to blackmail. Fake news, tweets Trump: “I have nothing to do with Russia – no deals, no loans, no nothing!” Trump swears he has no ties with the Russians. But is that actually the case?

For months, the FBI have been investigating Russian interference in the American presidential elections. ZEMBLA is investigating another explosive dossier concerning Trump’s involvement with the Russians: Trump’s business and personal ties to oligarchs from the former Soviet Union. Powerful billionaires suspected of money laundering and fraud, and of having contacts in Moscow and with the mafia. What do these relationships say about Trump and why does he deny them? How compromising are these dubious business relationships for the 45th president of the United States? And are there connections with the Netherlands? ZEMBLA meets with one of Trump’s controversial cronies and speaks with a former CIA agent, fraud investigators, attorneys, and an American senator among others.

Trump’s ties to the Russia mob were also verified by PolitiFact last year, but they also noted that “these connections were not atypical in the real estate and casino businesses in the 1980s.”