Talk Of Impeachment From The Brookings Institution, A Democratic Congressman, And A Major Democratic Donor

There has been talk of possible impeachment of Donald Trump starting even before he took office, but the topic seems to be coming up more this week, along with reports of a dysfunctional White House. Yesterday the Brookings Institution released a report on the obstruction of justice by Donald Trump. Following is from the Executive Summary, raising the question of impeachment but leaving it as premature pending the outcome of Robert Mueller’s investigation:

There are significant questions as to whether President Trump obstructed justice. We do not yet know all the relevant facts, and any final determination must await further investigation, including by Special Counsel Robert Mueller. But the public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. There is also a question as to whether President Trump conspired to obstruct justice with senior members of his administration although the public facts regarding conspiracy are less well developed.

Attempts to stop an investigation represent a common form of obstruction. Demanding the loyalty of an individual involved in an investigation, requesting that individual’s help to end the investigation, and then ultimately firing that person to accomplish that goal are the type of acts that have frequently resulted in obstruction convictions, as we detail. In addition, to the extent conduct could be characterized as threatening, intimidating, or corruptly persuading witnesses, that too may provide additional grounds for obstruction charges.

…Special Counsel Mueller will have several options when his investigation is complete. He could refer the case to Congress, most likely by asking the grand jury and the court supervising it to transmit a report to the House Judiciary Committee. That is how the Watergate Special Prosecutor coordinated with Congress after the grand jury returned an indictment against President Nixon’s co-conspirators. Special Counsel Mueller could also obtain an indictment of President Trump and proceed with a prosecution. While the matter is not free from doubt, it is our view that neither the Constitution nor any other federal law grants the president immunity from prosecution. The structure of the Constitution, the fundamental democratic principle that no person is above the law, and past Supreme Court precedent holding that the president is amenable to other forms of legal process all weigh heavily in favor of that conclusion. While there can be debate as to whether a sitting president can be indicted, there is no doubt that a president can face indictment once he is no longer in office. Reserving prosecution for that time, using a sealed indictment or otherwise, is another option for the special counsel.

Congress also has actions that it can take, including continuing or expanding its own investigations, issuing public reports, and referring matters for criminal or other proceedings to the Department of Justice or other executive branch agencies. In addition, there is the matter of impeachment. We describe the articles of impeachment drafted against Presidents Richard Nixon and Bill Clinton, as well as those drafted against Judges Harry Claiborne and Samuel Kent to show that obstruction, conspiracy, and conviction of a federal crime have previously been considered by Congress to be valid reasons to remove a duly elected president from office. Nevertheless, the subject of impeachment on obstruction grounds remains premature pending the outcome of the special counsel’s investigation.

While they are probably right that it is too early to begin impeachment proceedings, one Democrat did write an impeachment resolution. From The Hill:

Green’s articles of impeachment state that Trump “is fueling an alt-right hate machine” that’s “causing immediate injury to American society.”

The Texas lawmaker, who represents a district that covers part of Houston, read aloud his articles on the House floor and stressed that Trump should not have to be convicted of a crime in order to be impeached.In his articles of impeachment, Green cited Trump’s equivocating response to the violence at a white supremacist rally in Charlottesville, Va.; attacks on NFL players kneeling during the national anthem to protest police brutality; and since-debunked accusations that former President Obama ordered a wiretap of Trump Tower as examples of how Trump has “undermined the integrity of his office” and “brought disrepute on the presidency.”

Another article of impeachment states that Trump engaged in “perfidy” by making the false claim that millions of people voted illegally in the 2016 presidential election. Trump won the Electoral College and therefore the presidency, but Democratic nominee Hillary Clinton won the popular vote.

Green stopped short of forcing the House from taking a vote on the measure, to the relief of Democrats who did not want to have to take a firm position at this time. The Washington Post reports:

A Democratic congressman stopped just short of forcing a House vote on President Trump’s impeachment Wednesday, pulling back under apparent pressure from his own party.

Rep. Al Green (D-Tex.) read his impeachment resolution on the House floor Wednesday afternoon, bringing it up under rules that would force a rapid vote. But when, less than an hour later, the House’s presiding officer called the resolution up for action, Green did not appear on the floor to offer it.

Green said to reporters afterward that he had wanted to allow more time for his colleagues to review the resolution before it was voted on, and he suggested that the House floor staff had misled him about the timing of that vote.

While Democrats do not want to vote on impeachment at this time, Tom Steyer, one of the party’s largest donors, is demanding that Democratic candidates pledge to support impeaching Trump:

One of the Democratic Party’s most prominent financial backers is demanding that lawmakers and candidates on the left support removing President Trump from office, putting pressure on Democrats to make Mr. Trump’s ouster a defining issue in the 2018 midterm elections.

Tom Steyer, a billionaire California investor who spent more than $91 million supporting Democrats in the 2016 elections, issued the demand to his party in a letter on Wednesday. In his message, Mr. Steyer described Mr. Trump as a “clear and present danger to the republic” and called on Democrats to pledge that they would seek to remove him from office if they take control of Congress next year.

Mr. Steyer — who is considering a run for Senate, perhaps against Senator Dianne Feinstein, a fellow Democrat — cited a range of acts by Mr. Trump to justify impeachment, including the president’s “relationship with Vladimir Putin and Russia,” allegations that Mr. Trump has used the presidency to “promote his own business interests” and his “seeming determination to go to war.”

While such a desire to impeach Donald Trump is understandable, I would prefer that donors from the left do more to get Democrats to take a firm stand against neoconserative interventionism and the surveillance state after the Democratic Party nominated a candidate who was firmly behind the Bush/Cheney agenda in 2016.

Jared Kushner Failed To Disclose Private Email Account To Senate Intelligence Committee

We have significant new information regarding Jared Kushner’s use of private email. As I discussed earlier in the week, if his attorney has been telling the complete truth (which is a big if), then Kushner does not appear to have violated the rules regarding the use of personal emails as Hillary Clinton did. The differences were that Clinton exclusively used a private server, destroyed over half the email with claims later shown to be false that she only destroyed private email, discussed classified information in her private email, and failed to turn the email over to be archived as required. Kusher’s lawyer had claimed that he primarily used government email and that he has turned over copies of private email discussing government business to be archived.

CNN reports a new aspect which of the case with Kushner being accused of failing to disclose the private email account when testifying before the Senate:

In his closed interview with the staff of the Senate intelligence committee, White House senior adviser and presidential son-in-law Jared Kushner did not share the existence of his personal email account, which he has used for official business, CNN has learned.

CNN has also learned that the chair and vice chair of the committee were so unhappy that they learned about the existence of his personal email account via news reports that they wrote him a letter via his attorney Thursday instructing him to double-check that he has turned over every relevant document to the committee including those from his “‘personal email account’ described to the news media, as well as all other email accounts, messaging apps, or similar communications channels you may have used, or that may contain information relevant to our inquiry.”

The emphasis in the letter on “all other” personal accounts not known by the committee would seem to be a reflection of the frustration the committee leaders feel with that fact that Kushner was not up-front about the existence of his personal email account and their desire for him to cover the bases of all his possible communications avenues when responding to their letter. This issue could become more serious if there emerge any emails or communications related to the investigation into Russian interference in the 2016 election that Kushner has not turned over, and whether he did so with the express purpose of concealing information from the committee.

If this is true, it would not be the first time Kushner failed to disclose relevant information:

Kushner has been criticized in the past for initially not disclosing more than 100 contacts with foreign leaders including those from Russia, as well as ownership of a multimillion dollar tech company with links to Goldman Sachs and businessmen Peter Thiel and George Soros. Kushner was also one of three top campaign officials or surrogates who failed to disclose a June 2016 meeting with a woman billed as being with the Russian government and having incriminating information on Hillary Clinton.

Of course Hillary Clinton was also far from honest in her testimony before Congress. Her testimony to the FBI, when she faced a more serious risk of perjury and was therefore more likely to be honest, differed significantly from what she had been saying before Congress and to the American people.

Comparing Kushner and Clinton’s Use Of Private Email

Following the news reports that  Jared Kushner used a private email account for government business, Congressional Democrats have announced plans to launch an investigation. There are additional reports of Ivanka Trump and other White House advisers using personal email. The comparisons to Hillary Clinton are obvious, but based upon the reports from Politico it is not clear that Jared Kushner actually did violate the law as Hillary Clinton did.

During the email scandal I found that many supported or opposed Clinton based upon partisan affiliation with no real understanding of the issue. It is worth looking at the specific violations committed by Hillary Clinton and to compare this with what we do know so far about Kushner’s use of private email. The problem is not simply that Hillary Clinton used private email, but that she used private email exclusively and through a personal server. The law does allow the use of some communication by private email, but requires that this be turned over to the government for archiving.

Hillary Clinton not only failed to turn over her email until forced to long after leaving her position as Secretary of State, but she destroyed over half of the email. Clinton claimed that this was personal email, but some of the destroyed email was uncovered showing that she was lying. Email she destroyed did directly involve government business. Clinton had also denied that any classified information was sent over her private server, but this was also later found to be untrue.

Politico reports the following about Jared Kushner:

“Mr. Kushner uses his White House email address to conduct White House business,” Abbe Lowell, a lawyer for Kushner, said in a statement Sunday.

“Fewer than 100 emails from January through August were either sent to or returned by Mr. Kushner to colleagues in the White House from his personal email account. These usually forwarded news articles or political commentary and most often occurred when someone initiated the exchange by sending an email to his personal rather than his White House address.”

If this is all true, then Kushner very well could have been acting within the law. Politico also reports that, “There is no indication that Kushner has shared any sensitive or classified material on his private account, or that he relies on his private email account more than his official White House account to conduct government business.”

Of course Kushner’s innocence is dependent upon statements from his attorney being true, and obviously his attorney would not be making statements to incriminate him. A key factor in Clinton’s case was that she repeatedly lied about the matter, despite being repeatedly corrected by media fact checkers, as well as the report of the State Department’s Inspector General. Clinton even lied about the Inspector General’s report in her book What Happened.

In other words, matters would be far worse for Kushner if it turns out that he failed to turn the email over, had destroyed email, was using private email exclusively, or had sent any classified information over private email–all things which Clinton had done in violations of the law.

Another question would be whether there was any attempt to cover up illegal activities. Kushner has been suspected of both financial crimes and possibly colluding with Russia to affect the election results (with the evidence for the former being far more significant than the later). Uncovering evidence of discussing such matters by private email would be of greater significance. Hillary Clinton violated the ethics agreements she entered into before being confirmed as Secretary of State and there have been questions as to whether there is evidence of influence peddling in the email she destroyed. We will probably never have an answer regarding this.

From a political perspective, it would be quite hypocritical for anyone in the Trump administration to violate the law as Clinton did after all their cries to “lock her up.” It would also be quite foolish considering the political price paid by Clinton. However, politicians do tend to be quite hypocritical. Hillary Clinton had accused those in the Bush administration who used private email of shredding the Constitution, despite more lax rules being in place under Bush than in 2009.

Update:

Jared Kushner Failed To Disclose Private Email Account To Senate Intelligence Committee

Reading “What Happened” So You Do Not Have To

Reading Hillary Clinton’s memoir, What Happened, is like reading a memoir from Jesse James which makes no admission that he ever robbed a bank. She talked about trivial matters from her life, repeated her excuses blaming everyone else for her loss, and gave virtually no recognition of her dishonest actions and lifelong opposition to liberal values behind the opposition to her. What Happened  was previously used as a book title by former Bush press secretary Scott McClellan. Maybe she reused this title because Jeff Flake beat her to reusing the philosophically more honest choice, Conscience of a Conservative. Of course that would assume that she has a conscience, but she showed no signs of having one.

It is hard to see the point in this book beyond finger pointing. Clinton wrote:

At first, I had intended to keep relatively quiet. Former Presidents and former nominees often try to keep a respectful distance from the front lines of politics, at least for a while. I always admired how both George H. W. Bush and George W. Bush avoided criticizing Bill and Barack, and how Bill ended up working with George H. W. on tsunami relief in Asia and Katrina recovery on the Gulf Coast. And with George W. in Haiti after the earthquake in 2011. That’s how it’s supposed to work.

She should have ended the book right there.

In a rare moment of honesty, Clinton showed how clueless she is in writing, “in terms of fighting the previous war, I think it’s fair to say that I didn’t realize how quickly the ground was shifting under all our feet.” The only shifting Clinton has shown with the times has been to move on from blaming everything on the vast right wing conspiracy to blaming the vast left wing conspiracy against her.

She might briefly admit to a mistake, but it is quickly followed with a major but as she places the blame on Russia, James Comey, Joe Biden, Bernie Sanders, or others. If she did mention something she did wrong, it was passed over as a minor tactical error, ignoring the magnitude of her ethical lapses.

This week Bernie Sanders has been pushing for comprehensive, affordable health care for all Americans. Hillary Clinton is pushing a book which attacks the left and questions the validity of our electoral process (which she previously attacked Trump for threatening to do). She has opposed Medicare for All based upon false claims, continuing her long history of working to undermine liberal ideas.

While she launched numerous bogus attacks against others, she feels that her mistakes are too trivial to be considered. She wrote, “The truth is, everyone’s flawed. That’s the nature of human beings. But our mistakes alone shouldn’t define us. We should be judged by the totality of our work and life.”  Judging Clinton by the totality of her work and life, we must include her repeated push for neoconservative wars and regime change, her repeated advocacy of violating our First Amendment rights, her social conservatism, her support for the corrupting influence of money in politics, and her use of her position for personal financial gain–including violating the ethics agreement she entered into before being confirmed as Secretary of State.

Hillary Clinton wrote about her concern for children. In the real world, Hillary Clinton has shown her concern for children in other countries by dropping bombs on them and defending the use of cluster bombs in civilian areas. There are also those who suffered from Bill’s welfare reform at home. However, “It was a hard call. Bill and I lay awake at night talking it over.”

Clinton shows no understanding of liberal or progressive values. While she mischaracterized Bernie Sanders’ platform as offering everyone a pony, it is actually Clinton who sees liberalism as little more than government giving out ponies, even if smaller ones than she believes Bernie Sanders would. She has no understanding of how true liberal and progressives would change the status quo, no concept of the human rights we defend, and no concept of what is wrong with her interventionist views.

Her ignorance of liberal concepts of human rights would explain how she totally misunderstood the warnings of George Orwell. To an authoritarian such as Hillary Clinton the lesson of 1984 is that we should not question our political leaders, the press, or experts:

Attempting to define reality is a core feature of authoritarianism. This is what the Soviets did when they erased political dissidents from historical photos. This is what happens in George Orwell’s classic novel Nineteen Eighty-Four, when a torturer holds up four fingers and delivers electric shocks until his prisoner sees five fingers as ordered. The goal is to make you question logic and reason and to sow mistrust toward exactly the people we need to rely on: our leaders, the press, experts who seek to guide public policy based on evidence, ourselves.

On the other hand, Clinton is quite skilled in using Orwellian techniques to attack her political enemies. She uses the same types of distortions against Bernie Sanders as she did during the campaign, and as she used against Barack Obama in 2008. I have already responded to some of the attacks against Sanders here, and also recommend this rebuttal of Clinton’s arguments by Les Leopold. While reading What Happened I came across another fallacious attack on Sanders. Clinton wrote, “After the election, Bernie suggested that Democrats should be open to nominating and supporting candidates who are anti-choice.”

No, that is not what happened at all. On the other hand, the Democratic establishment has shown how they are willing to ignore reproductive rights. Clinton herself has also been to the right of Sanders on the issue, including her support for parental notification laws and expressing a willingness to compromise with Republicans. This is not surprising in light of her personal social conservatism on the issue and her mantra of keeping abortion”safe, legal, and rare,” stigmatizing women who have had an abortion.

Her attempts to falsely portray Sanders as being to the right of her on abortion are similar to her claims of being to the left of Sanders on gun control, despite having run in 2008 as a “pro-gun churchgoer.” Of course while attacking Sanders and blaming him for her loss she overlooked the degree to which Sanders campaigned for her after the primaries were over. Her antipathy towards a fair democratic process includes a visceral objection to being challenged for political office.

Clinton was no more honest in discussing the scandals which rightfully harmed her campaign. For example, she misquoted from the State Department Inspector General report to falsely make it look like the report supported her actions in the email scandal. In reality, the Inspector General report said exactly the opposite in showing how she violated policy. As we saw during the campaign, she keeps repeating the same lies about the scandal, including the statements from James Comey, regardless of how often the media fact checkers show that she is outright lying.

She attempted to open up personally, but even then wasn’t entirely honest. Among the more unbelievable lines, Clinton wrote, “For me, fund-raisers were a little more complicated than other campaign events. Even after all these years, it’s hard for me to ask for other people’s money.”

Among the other personal discussions in the book, Clinton wrote, “Bill and I bought our home in 1999 because we loved the bedroom.” Now try to get that image out of your mind.

Actually what she wrote after this was quite tame, including a description of the vaulted ceiling, windows, and photos. And then, “After waking up, I check my email and read my morning devotional from Reverend Bill Shillady, which is usually waiting in my inbox. I spend a few minutes in contemplation, organizing my thoughts and setting my priorities for the day.” The rest of us will not be able to see the writings of Bill Shillady as his publisher has pulled his planned book, entitled Strong for a Moment Like This: The Daily Devotions of Hillary Rodham Clinton, due to plagiarism.

Of course, as was inevitable, I am seeing defenses of What Happened claiming that disagreements with Clinton’s book are based upon misogyny. What an intellectually and morally bankrupt viewpoint. Do such Clinton supporters have even a shred of integrity? I am just relieved that Hillary Clinton is not in the White House, leaving us to contend with claims that our objections to whatever war she wanted to start, or whatever violation of the First Amendment she was advocating, was based only on sexism.

Hollywood Gives Clinton Excuses Tour Poor Reviews

Hillary Clinton’s excuses tour has begun, as she repeats her frequently discredited arguments as to why everyone else is to blame for her losing an election she should have won against Donald Trump. She repeats her claims that Russia and James Comey are responsible. Shattered already revealed how Clinton latched onto blaming them within the first twenty-four hours of her loss to place the blame for her mistakes on others. Plus she repaid Bernie Sanders for selling his soul and spending months campaigning for her by also smearing him.

Just like when she was Secretary of State, Clinton is also selling access to her, charging up to $2000 a head.

Needless to say, What Happened and her blame tour are receiving poor reviews–including form Hollywood. I received email earlier today from Deadline with this Breaking News:

Hillary Clinton Gets Harsh Hollywood Reviews On Eve Of New Memoir Release

Hollywood may have been one of Hillary Clinton’s biggest donors, but on the eve of the release of her memoir What Happened, Tinseltown is now trying to keep a distance from the failed Presidential candidate.

“You think it is a coincidence that she’s not coming to town?” a producer who was a repeat contributor to Clinton’s big bucks campaign told Deadline. “Come on, she knows she is toxic here right now,” the deep-pocketed Democrat added with a degree of bitterness about Clinton’s multi-city book tour that kicks off September 18 in Washington D.C. “They took everyone’s donations, made a lot of promises, and then left everyone holding the bag when she lost.”

Constantly in California during the election for Silicon Valley- and Hollywood-hosted fundraisers by the likes of Haim Saban and spouse Cheryl, Disney boss Bob Iger, and Jeffrey Katzenberg and wife Marilyn, among others, Clinton won the state by a strong double-digit margin over Donald Trump in November while losing other keys states and the Electoral College. Yet, the ex-New York senator and Secretary of State’s only Golden State stop so far on her 15-city U.S. and Canada hoopla tour for tomorrow’s release of What Happened is at UC Davis on October 9.

In previews for the book and a series of media appearances including CBS Sunday Morning yesterday, Clinton has pitched at least partial blame for her loss to the ex-Celebrity Apprentice host on a variety of factors. Taking some personal responsibility, as she has on a number of occasions this year, for her lackluster campaign, the two-time Presidential hopeful and popular vote winner seems to also have exhausted more than a few of her Hollywood supporters. Specifically, as they wait to get their hands on What Happened to see if they are mentioned, insiders tell me that they are frustrated with the re-emergence of a pattern of finger-pointing to which she and former President Bill Clinton defaulted  previously…

“It’s the same old Clinton mantra of it’s someone else’s fault and how much money can we rack in?” a studio executive said at last night’s Creative Arts Emmys of the “divisive” attitude she has displayed so far promoting the 512-page book published by CBS subsidiary Simon & Schuster.

Starting the day after the Primetime Emmys, Clinton’s book tour will visit Michigan and Wisconsin, both states she lost, with VIP packages of up to $2,000 at some stops. Though she has said she will not be a national candidate again, Clinton also indicated that she foresees a role for herself on the political stage because she believes “that our country’s future is at stake,” she told Pauley. “Don’t the Clintons get it that we all need some down time from them?” the frustrated insider said…

Nobody likes a loser, or in this case, “not the candidate who lost an election that was supposed to be a done deal.”

Democrats Dreading Damage From Clinton Book Tour

Hillary Clinton has become the Democrats worst nightmare. She managed to run a campaign which was so poorly run that she could not even beat a candidate as terrible as Donald Trump. Now her actions, and the actions of her most fanatic supporters like Peter Daou, threaten further damage to the party. Politico writes, Democrats dread Hillary’s book tour: Reliving the 2016 nightmare is the last thing the party needs right now, many say.

Democratic operatives can’t stand the thought of her picking the scabs of 2016, again — the Bernie Sanders divide, the Jim Comey complaints, the casting blame on Barack Obama for not speaking out more on Russia. Alums of her Brooklyn headquarters who were miserable even when they thought she was winning tend to greet the topic with, “Oh, God,” “I can’t handle it,” and “the final torture.”

…“Maybe at the worst possible time, as we are fighting some of the most high-stakes policy and institutional battles we may ever see, at a time when we’re trying to bring the party together so we can all move the party forward — stronger, stronger together,” said Rep. Jared Huffman, a Democrat who represents a Northern California district. “She’s got every right to tell her story. Who am I to say she shouldn’t, or how she should tell it? But it is difficult for some of us, even like myself who’ve supported her, to play out all these media cycles about the blame game, and the excuses.”

In a tweet late Tuesday night, Huffman pleaded with Clinton to stop blaming Sanders for her loss, as she partly does in the book, according to excerpts that leaked ahead of its release. Huffman said the tweet had gotten a lot of “likes” from his colleagues — albeit in private conversations with him.

“There is a collective groan,” he said, “whenever there’s another news cycle about this.”

The Hill similarly reports, Clinton’s score-settling frustrates Democrats.

Clinton says that Sanders’s attacks did “lasting damage” to her general election hopes. She accuses him of “paving the way” for Trump to cast her as a corrupt corporate stooge deserving of the nickname “Crooked Hillary.”

Sanders brushed off Clinton’s criticism in a Wednesday interview with The Hill, saying it’s time for Democrats to “look forward, not backward.”

Not everyone was so charitable. Even some of Clinton’s allies have grown weary of her insistence on re-litigating the 2016 campaign at a time when the Democratic Party is looking to forge a new identity in the age of Trump.

“The best thing she could do is disappear,” said one former Clinton fundraiser and surrogate who played an active role at the convention. “She’s doing harm to all of us because of her own selfishness. Honestly, I wish she’d just shut the f— up and go away.”

…Those daunting challenges have some Democrats fuming at what they view as Clinton’s petty post-election score settling.

“None of this is good for the party,” said one former Obama aide. “It’s the Hillary Show, 100 percent. A lot of us are scratching our heads and wondering what she’s trying to do. It’s certainly not helpful.”

My response to her attacks on Bernie Sanders were posted here. Besides attacking Bernie Sanders, Hillary Clinton has attacked Barack Obama, Joe Biden, and the DNC in post-election statements and in her book, further burning bridges with Democrats.

Excerpts from Clinton’s book repeat the same type of bogus talking points we have heard, and dismissed, from Clinton supporters for months. It doesn’t help matters that the book is coming out at the same time that Peter Daou has started a Clinton propaganda site (Verrit.com) which has received a tremendous amount of mocking. (I have posted about it here and here). It is packed with talking points in the format of the graphic here, except I added my own message.

Politico Magazine was even harder on Verrit in an article entitled This Pro-Hillary Website Looks Like North Korean Agitprop: Peter Daou, the prickly pro-Clinton operative, has launched a propaganda rag so shameless it would make Kim Jong Un blush.

Who would buy stock in a twice-defeated presidential candidate?

If the candidate under question is Hillary Clinton, that zealous buyer would be Peter Daou, one-time rocker, seasoned political blogger, former campaign adviser to John Kerry and Hillary Clinton, ambitious litigantpropagandist and internet entrepreneur. A couple of days ago, Daou launched his self-funded Verrit.com, a slavishly pro-Clinton site (endorsed by Hillary!) to carry on her failed crusade.

The derision greeting Verrit is so universal it inspires sympathy for Daou, as Gizmodo, the Washington PostOutlineNew RepublicNew YorkThe Ringer and others have broken its back with their snap judgments. “Verrit, a Media Company for Almost Nobody,” read one headline. “No One Asked for Verrit, But Here We Are,” stated another. “What Is Verrit and Why Should I Care? (Unclear; You Shouldn’t.),” said a third. “Peter Daou Continues to Embarrass Hillary Clinton,” asserted the best in show…

As Daou’s Verrit manifesto puts it, the site hopes to become the trusted source for the 65.8 million voters who cast their ballots last November for Clinton and who seek verified “facts” they can use to argue politics. In theory, everybody needs a cheat sheet. In practice, the Verrit method is cringe-worthy. The headline to one early Verrit borrows from the literary methods of Kim Jong Un’s North Korea to assert, “Hillary Democrats Are the Heart and Conscience of America.” Does anybody outside of the Daou re-education camp really think this way?

When it comes to criticism, Daou isn’t just a snowflake. He’s a snow squall, equating most criticism of Clinton (or criticism of Daou) with the desire to erase Clinton and Clintonites. Early this year, he telegraphed his irrational partisanship by tweeting that anybody tweeting “Bernie would have won” in his timeline would earn “an instant block” from his account. “Useless and baseless conjecture. Betrays someone unfocused on the challenge ahead,” Daou continued.

His is a reductionist world where evidence of misogyny and sexism can be deduced from almost any political discussion of Madame Secretary. When Verrit launched, it inspired not only a mudslide of negative reviews but an ugly denial-of-service attack on his servers. From this rocky reception, Daou didn’t extract the perennial lesson that politics ain’t beanbag. He didn’t cinch up and concede that political passions will cause folks to overheat. Instead, he flew to Twitter and raged in all caps, “PEOPLE ARE STILL TERRIFIED OF HILLARY. PEOPLE STILL WANT TO DESTROY HILLARY. PEOPLE WANT TO SILENCE ANYONE WHO SUPPORTS HER.”

Terrified? Destroy? Silence? I’d love to see the serial numbers on those “facts.”

As the New Republic’s Sarah Jones pointed out, Verrit’s early shilling for Clinton easily veers into propaganda when it posts headlines like “Sanders and the Mainstream Media Helped Put Trump in the White House.” Such headlines present Clinton as a victim, denying her any agency, and blaming all of her failures on the press and Bernie Sanders. To dwell on this Verrit for just one more beat, is it safe to say that somebody out there is still terrified of Bernie, that somebody out there still wants to destroy Bernie, and that somebody wants to silence anyone who supported him.

All of these attempts to cover up Clinton’s failures are not fooling the majority of Americans. As Politco also reports on the latest polls, Trump hits new low in public opinion — but he’s still beating Hillary Clinton.

Just 36 percent of those reached by pollsters said they have either very or somewhat positive feelings about Trump, 2 points lower than in the poll’s June iteration. But at 36 percent, Trump still finished 6 points higher than Clinton, his 2016 Democratic opponent, about whom just 30 percent of respondents said they feel either very or somewhat positive.

If Clinton had just stayed quiet after the election, she might have had a chance to avoid becoming even less liked than Donald Trump.

Clinton Apologists Distort Poll Data To Make False Claim That Sanders Supporters Cost Clinton The Election

Hillary Clinton and her supporters have the irrational view that it makes sense to blame those who did not vote for her for her loss, failing to understand that this is how politics works. Any candidate can claim they would have won if enough people who did not vote for them had decided to vote for them, and it is the fault of the Democrats if they ran a candidate so terrible that she could not even beat Donald Trump. Clinton supporters are now twisting recently released polling data to blame supporters of Bernie Sanders for Clinton’s inability to beat Trump.

Some like Newsweek are running the data under the unsupported headline, Bernie Sanders Voter Helped Trump Win And Here’s Proof.  The Washington Post looks at the data more objectively under the title Did enough Bernie Sanders supporters vote for Trump to cost Clinton the election? They report that, “Two surveys estimate that 12 percent of Sanders voters voted for Trump. A third survey suggests it was 6 percent.”

The article further states, “the most important feature of Sanders-Trump voters is this: They weren’t really Democrats to begin with.” In other words, Bernie Sanders brought in non-Democratic voters, while Hillary Clinton could not win the support of these voters. This is a difference between Sanders and Clinton which we were well aware of during the primaries.

In looking at the voters who went from Sanders to Trump, also remember the PUMAs. This six to twelve percent of Sanders voters is rather small compared to the number of Clinton voters who voted for John McCain in the 2008 general election:

Another useful comparison is to 2008, when the question was whether Clinton supporters would vote for Barack Obama or John McCain (R-Ariz.) Based on data from the 2008 Cooperative Campaign Analysis Project, a YouGov survey that also interviewed respondents multiple times during the campaign, 24 percent of people who supported Clinton in the primary as of March 2008 then reported voting for McCain in the general election.

An analysis of a different 2008 survey by the political scientists Michael Henderson, Sunshine Hillygus and Trevor Thompson produced a similar estimate: 25 percent. (Unsurprisingly, Clinton voters who supported McCain were more likely to have negative views of African Americans, relative to those who supported Obama.)

Thus, the 6 percent or 12 percent of Sanders supporters who may have supported Trump does not look especially large in comparison with these other examples.

This certainly blows up the arguments of Clinton supporters based upon some expectation of party loyalty with more Clinton supporters than Sanders supporters going over to the Republicans.

I am actually not surprised by this. After all, Hillary Clinton’s views are far more in line with the Republicans than liberal/progressive Democrats. Many backed her based upon gender without any serious understanding of her views. Therefore a Republican ticket like McCain/Palin wouldn’t be very far from Clinton ideologically, and would allow them to vote for a female candidate. Core Sanders supporters are far more progressive than Clinton and those voting for a non-Democrat might  consider  candidates such as Jill Stein, but did not have a major party candidate who was similar to them ideologically as Clinton supporters did. This left a smaller number who would vote Republican in 2016.

On the other hand, the left/right political spectrum does not explain the choices of all voters. Again, this data shows that there were voters who Bernie Bernie Sanders could win away from the Republicans, but Hillary Clinton could not. This was one of the reasons Sanders would have made a better general election candidate.

The data in this poll alone does not prove that Sanders would have beaten Trump, but other data available does suggest this. Sanders typically polled about ten points better than Clinton in head to head polls against Republicans. Sanders did better in the rust belt states which cost Clinton the election in the electoral college. Sanders was not involved in scandals as Clinton was, and there were no emails which showed matters comparable to what was released about Clinton by Wikileaks. It makes no sense for Clinton supporters to blame James Comey, Wikileaks, and Russia for Clinton losing, but deny that not being affected by these matters would make Sanders a stronger general election candidate.

In an election this close, virtually any difference might have changed the election result–including perhaps Clinton not making the many mistakes she made throughout the campaign. If all the Sanders voters who voted for Trump had voted for Clinton she theoretically could have won. On the other hand, there  were even more people who voted for Obama in the previous election but voted for Trump.

As with the vast majority of election analyses I have read, they did not even look at the degree to which being a neoconservative war monger might have affected the actions of voters, with one study earlier this summer suggesting that it was her support for endless war which cost her the election. Despite his many faults, Trump did outflank Clinton on the left on both trade and foreign policy (although Trump was far too incoherent on foreign policy for many of us to consider backing him based upon this, even if we could have overlooked his racism and xenophobia).

The key factor in any analysis is not that something different might have allowed Clinton to win, but that running against a candidate as terrible as Donald Trump, Clinton was so close that these factors allowed her to lose. If Clinton was running ten points better against Trump (as Sanders had), then Russia, James Comey, and even the loss of some votes to Trump would not have cost her the election. Barack Obama was able to win despite losing far more Clinton voters to Republicans because he was a stronger candidate to begin with.

Donald Trump is president because the Democrats picked a horrible candidate who then went on to run a terrible campaign. No amount of spinning poll results will change this.

Clinton Plans On Doubling Down On Blaming Others For Her Loss In Upcoming Book

Republicans who hope to keep control of the House have received great news. They will still have Hillary Clinton to kick around. The Hill reports that Clinton is doubling down on her claims that she lost due to James Comey, Russia, and sexism rather than being  a terrible candidate who ran a terrible campaign:

Hillary Clinton’s new memoir will blame her 2016 presidential election loss on Russian interference and former FBI Director James Comey’s announcement that he was reopening the investigation into her emails.

Sources familiar with the memoir told the Hill that Clinton made the two scenarios cornerstones of her book, which will be released in September.

“She really believes that’s why she lost,” said a longtime Clinton ally. “She wants the whole story out there from her own perspective. I think a lot of people are going to be really surprised by how much she reveals.”

…While the book will zero in on Russia and Comey — which Clinton has said are the two biggest contributing factors to her loss — it will also examine other factors she blames for a role in her defeat, including sexism and misogyny.

Hillary Clinton’s upcoming book will double down on Russia’s interference and James Comey’s involvement in her stunning election defeat, according to sources familiar with the memoir.

Earlier this week I cited the opinion from FiveThirtyEight that having Clinton on the ballot hurt the Democrats in down ticket races. FiveThirtyEight expressed the view that not having Clinton on the ballot will  help Democrats in 2018. On the other hand, having her on a speaking tour promoting her book and her excuses for losing could be harmful to Democrats running. Clinton’s popularity has fallen even more than Trump’s since the election, and I suspect that Clinton’s blame tour to date has been part of the reason.

Some Democratic leaders are recognizing the problem:

Some Democrats are worried that their party’s goal of rebuilding and rebranding itself will be undermined by Clinton’s book.

Senate Minority Leader Charles Schumer (D., N.Y.) has publicly stated that Clinton should not blame anyone but herself and lack of messaging.

“When you lose to somebody who has 40 percent popularity, you don’t blame other things—Comey, Russia—you blame yourself,” Schumer told the Washington Post. “So what did we do wrong? People didn’t know what we stood for, just that we were against Trump. And still believe that.”

Former Vice President Joe Biden has also criticized Clinton for her campaign.

“I never thought she was a great candidate. I thought I was a great candidate,” he said in May.

“What happened was that this was the first campaign that I can recall where my party did not talk about what it always stood for—and that was how to maintain a burgeoning middle class,” Biden said in March.

“You didn’t hear a single solitary sentence in the last campaign about the guy working on the assembly line making $60,000 a year and a wife making $32,000 as a hostess,” he said.

Of course pushing Clinton’s candidacy on the country, which ultimately led to the election of Donald Trump, was the last stray in destroying the credibility of the Democratic establishment. As an op-ed in The New York Times notes, the real civil war in the Democratic party is “is between those willing to trust the existing establishment and those who want entirely new leadership.” (While Lee Drutman’s op-ed does make some good points here, he does underestimate how great an ideological gap also exists.)

Shattered: Inside Hillary Clinton’s Doomed Campaign both shows many of the mistakes on Clinton’s fault which accounted for her loss, along with how she decided within the first twenty-four hours upon the strategy of blaming others

Clinton’s excuses are all very weak. 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.  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. Clinton’s credibility was also seriously harmed by the manner in which she grossly violated the ethics agreements she entered into before being confirmed as Secretary of State.

Placing the blame on Russia does not hold up either. The evidence released so far has shown that Russia was not able to hack into the voting machines or change a single vote. There remains questions as to whether the claims from the intelligence community that Russia is responsible for the Wikileaks release of email are any more valid than the claims of Saddam having WMD before the invasion of Iraq. Even if we accept the view that Russia was responsible for the hacked email, nobody has seriously questioned the accuracy of the information released by Wikileaks. 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. Again it comes down to Clinton losing due to her own major flaws.

Some of those who blame Russia have moved on to claims that Clinton was hurt by fake news spread from Russia. This ignores the vast amount of criticism of Clinton going back for years–including both factually accurate criticism along with bogus criticism from the right wing. The left has opposed the policies of the Clintons and DLC since the 1990’s. Views of Clinton were already set well before her nomination, and if any fake news did come from Russia, it would have been lost in the vast amount of noise already present on the internet.

While some undoubtedly would not vote for Clinton due to misogyny, these were primarily people who would never vote for any Democrat. Clinton was probably helped more than hurt by her gender among Democratic-leaning voters. A male candidate with Clinton’s repeated failures during her career, along with holding views more conservative than the Democratic base, would probably have only been a third-tier candidate with no chance of winning the nomination. Far too many Democrats overlooked Clinton’s serious flaws because of her gender.

The Democrats Are Hopelessly Lost

After terrible showings in the 2010, 2014, and 2016 elections, the Democratic establishment is looking for a solution. The Washington Post reports that they are going to announce a new slogan:

Completely sapped of power in Washington, top leaders of the Democratic Party now believe that the best way to fight a president who penned “The Art of the Deal” is with an economic agenda that they plan to call “A Better Deal.”

The campaign-style motto, panned by some liberal activists as details began to trickle out ahead of the Monday rollout, is designed to revive a party desperate to win back at least some control next year. The push comes months earlier than most campaign-year sales pitches begin — an acknowledgment of the need to shore up public opinion of the Democratic Party in the faster pace of modern politics.

Nancy Pelosi remains one of the captains of the sinking ship, saying this “is not a course correction, but it’s a presentation correction.” No, the Democrats need a full fledged course correction. The Democratic Party’s answer for the Titanic would be to find a better way to talk about the iceberg before hitting it.

At least there was one bit of sense in the article:

“When you lose to somebody who has 40 percent popularity, you don’t blame other things — Comey, Russia — you blame yourself,” Senate Minority Leader Charles E. Schumer (D-N.Y.) said in an interview previewing the new plan. “So what did we do wrong? People didn’t know what we stood for, just that we were against Trump. And still believe that.”

Unfortunately the new slogan still sounds like they are against Trump but otherwise stand for nothing. As Mahablog says, “The Democratic Party is like your unhip parents trying to be cool, and failing.”

The Democrats took the wrong lesson out of their loss. The conventional wisdom is that they lost because they concentrated on social issues as opposed to economics, but that is a misreading of their problem. They compromised so much on social issues with a socially conservative candidate such as Hillary Clinton that they had no chance to build a winning coalition on social issues. That does not mean that they should abandon liberal social issues entirely.

Just as they now look to abandoning social issues, they gave up on opposing neocon interventionism and support for civil liberties in 2016 with a candidate who was far right wing on both, throwing out their previous advantages over the agenda of George W. Bush. Democrats need to learn to walk and chew gum at the same time. Instead they focus on one voter group while giving others no reason to support them, and don’t even do a good job with the group they are focusing on.

The new slogan sounds like a watered-down copy of Bernie Sanders’ agenda. The Hill points out that Bernie Sanders is keeping the door open for 2020. Unfortunately the article points out that establishment Democrats oppose him, both because of Sanders being an independent, and as he is on their long list of people to blame for Hillary Clinton losing an election she should have been able to win. Establishment Democrats complain that Bernie Sanders is an independent and not a Democrat. In contrast, Sanders supporters complain about far more consequential matters, such as the Democratic establishment picking their nominees with an undemocratic process, the Democratic establishment choosing a neocon warmonger as their last nominee, and the Democratic establishment being in the pocket of corporate money.

Update:  The Democratic Leadership Has Failed To Give A Good Reason Why Their Party Should Continue To Exist

Can Donald Trump Pardon Himself? Can He Be Indicted While Still In Office?

It has become so widely accepted that the investigations into Donald Trump’s business dealings are very likely to reveal criminal activities that subjects including whether Trump can pardon himself and whether he can be indicted while in office are now being discussed. While many disagree, Donald Trump claims he does have the power to pardon himself. The New York Times reports:

President Trump on Saturday asserted the “complete power to pardon” relatives, aides and possibly even himself in response to investigations into Russia’s meddling in last year’s election, as he came to the defense of Attorney General Jeff Sessions just days after expressing regret about appointing him.

Mr. Trump suggested in a series of early morning messages on Twitter that he had no need to use the pardon power at this point but left the option open. Presidents have the authority to pardon others for federal crimes, but legal scholars debate whether a president can pardon himself. Mr. Trump’s use of the word “complete” seemed to suggest he did not see a limit to that authority.

“While all agree the U.S. President has the complete power to pardon, why think of that when only crime so far is LEAKS against us,” he wrote on Twitter. “FAKE NEWS.”

The Washington Post reported in recent days that the president and his advisers had discussed pardons as a special counsel intensifies an investigation into whether associates of Mr. Trump and his campaign conspired with Russia to intervene in the 2016 presidential campaign.

Many Constitutional experts and lawyers disagree with Donald Trump. Laurence Tribe, Professor of Constitutional Law at Harvard Law School, Richard Painter,  a law professor at the University of Minnesota and chief White House ethics lawyer for George W. Bush from 2005 to 2007, and Norman Eisen, a senior fellow at the Brookings Institution and chief White House ethics lawyer for Barack Obama from 2009 to 2011, wrote an op-ed in The Washington Post entitled, No, Trump can’t pardon himself. The Constitution tells us so:

Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Department’s Office of Legal Counsel opined no, citing “the fundamental rule that no one may be a judge in his own case.” We agree.

The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.

The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself…

The Constitution’s pardon clause has its origins in the royal pardon granted by a sovereign to one of his or her subjects. We are aware of no precedent for a sovereign pardoning himself, then abdicating or being deposed but being immune from criminal process. If that were the rule, many a deposed king would have been spared instead of going to the chopping block…

President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants (and he admitted to the most outrageous of reasons in interviews and in discussion with the Russian ambassador). In one sense, Trump is right — he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes — such as impeding or obstructing an investigation — can constitute a crime.

But there is one thing we know that Trump cannot do — without being a first in all of human history. He cannot pardon himself.

While it is commonly believed that Donald Trump would not be indicted until out of office, The New York Times reports that the commonly held view that a president cannot be indicted while in office is wrong:

A newfound memo from Kenneth W. Starr’s independent counsel investigation into President Bill Clinton sheds fresh light on a constitutional puzzle that is taking on mounting significance amid the Trump-Russia inquiry: Can a sitting president be indicted?

The 56-page memo, locked in the National Archives for nearly two decades and obtained by The New York Times under the Freedom of Information Act, amounts to the most thorough government-commissioned analysis rejecting a generally held view that presidents are immune from prosecution while in office.

“It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Bill Clinton was impeached, but was neither convicted in the Senate nor indicted while in office. While the investigations are at an early stage, it does appear likely that Donald Trump has committed acts far more significant than lying about an affair, and these considerations regarding indictment very well could wind up applying to him.