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.

Democratic Congressman Files Article Of Impeachment Against Donald Trump

It was only a matter of when. A California Congressman has introduced an article of impeachment against Donald Trump. The Hill reports:

Rep. Brad Sherman (D-Calif.) formally introduced an article of impeachment against President Trump on Wednesday that accuses the president of obstructing justice during the federal investigation of Russia’s 2016 election interference.

This is the first time a lawmaker has offered an impeachment article against Trump, and it comes as Democrats have debated whether it is politically wise to press the case for impeachment at this time…

In filing his impeachment article, Sherman argues that Trump’s abrupt firing of James Comey as FBI director in May amounts to obstructing justice and “high crimes and misdemeanors” amid the probes of whether Trump’s campaign colluded with the Russian government to swing the election…

He cites Comey’s allegations that Trump pressured him to drop the FBI’s investigation into ousted former White House national security adviser Michael Flynn, as well as Trump’s shifting story on why he fired Comey.

“In all of this, Donald John Trump has acted in a manner contrary to his trust as president and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, Donald John Trump, by such conduct, warrants impeachment and trial, and removal from office,” the article of impeachment states.

So far only one other member of Congress, Al Green of Texas, is supporting the action.

Of course it is rather early and the number of members supporting impeachment could increase after the current investigations, which are still in an early stage, are concluded. The firing of James Comey does certainly appear to have been done in order obstruct his investigation. At present there is far further evidence of a cover-up on the part of Trump and members of  his administration than of the actual crime. While it is possible that evidence of collusion with Russia to swing the election will be uncovered during the course of the investigation, there is not yet clear evidence that Donald Trump did collude with Russia.

I have suspected that, at least, Trump was acting to protect members of his administration, and that any crimes very likely involved their financial dealings. The recent revelation of Donald Trump Jr.’s meeting with an attorney close to the Russian government, based upon an offer of information about Hillary Clinton, along with actions of Jared Kusnher, suggest that Donald Trump might have engaged in obstruction of justice to protect members of his family, along with members of his campaign staff and administration.

In order for impeachment to succeed it would require a simple majority vote in the House, but also require a two-thirds vote in the Senate to remove the president. Therefore it would require bipartisan support to remove Trump regardless of how well the Democrats do in the 2018 election. So far only two presidents have ever been impeached, including Bill Clinton, and technically no presidents have ever been removed from office by this route. Richard Nixon was forced to resign when his impeachment and conviction appeared inevitable.

An alternative mechanism under the 25th Amendment could also be used to remove Trump if he could be declared unfit to perform the duties of the presidency. While a quicker mechanism, this would be even more difficult to achieve as it would have to be initiated by the vice president and requires the support of two-thirds of each House should the president contest the action.

Donald Trump Misled By Fox About James Comey

There are two things which Donald Trump must do if he is to gain any degree of credibility–give up watching Fox and Tweeting every idiotic thing which comes into his head. (Okay, he probably needs to do even more than that, but it would be a start). It looks like Trump made a false charge against Comey based upon a misleading story he saw on Fox.

Philip Bump explained in greater detail, but the gist is that Comey gave a memo of a meeting with Trump to a friend. Comey also wrote memos on his meetings which contained classified information. Fox, and then Trump, then claimed that Comey broke the law by giving his friend a memo with classified information. However, the memo which Comey gave to the friend was not one of the memos which contained classified information. Comey had written a total of seven memos after nine meetings with Trump. Four of the seven memos are marked as secret or classified. This did not include the memo which Comey gave to the friend.

Jake Tapper has a report further showing that Trump’s attack was untrue:

The Columbia University Law School professor and confidant of former FBI Director James Comey refuted a charge by President Donald Trump and his advocates in the media Monday: that Comey shared classified information with journalists.

Daniel Richman, with whom Comey shared at least one memo — the contents of which Richman shared with New York Times reporter Michael Schmidt — said President Trump was simply wrong.

“No memo was given to me that was marked ‘classified,'” Daniel Richman told CNN. “No memo was passed on to the Times.”

Richman did share the contents of one memo, he said, but “the substance of the memo passed on to the Times was not marked classified and to my knowledge remains unclassified.”

Trump needs to learn that the claims made on Fox are often fictitious pieces of propaganda, and not things he should repeat or base his claims on. He certainly should not attempt to govern based upon what he hears on Fox.

Did Clinton Lose Because Of Being A Warmonger?

There are many theories as to why Hillary Clinton lost the election. The most likely involve her being the most conservative, insider candidate conceivable in a year in which voters wanted a change, promises from Donald Trump (regardless of  whether he could keep them) of jobs, contrasted to Clinton’s views on trade deals, the terrible campaign run by Clinton which failed to give any good reasons to vote for Clinton beyond her gender and the view that it was her turn, and Clinton’s dishonesty canceling out Donald Trump’s negatives. The Clinton camp is sticking to their fallacious claims that she lost due to factors such as Russia, James Comey, and misogyny.

While economic issues do appear to have been more important, Reason has found a paper which suggests an another issue was responsible for Clinton’s loss in a post entitled, Did Endless War Cost Hillary Clinton the Presidency?  

A new study attributes Donald Trump’s victory last year to communities hit hardest by military casualties and angry about being ignored. These voters, the authors suggest, saw Trump as an “opportunity to express that anger at both political parties.”

The paper—written by Douglas Kriner, a political scientist at Boston University, and Francis Shen, a law professor at the University of Minnesota—provides powerful lessons about the electoral viability of principled non-intervention, a stance that Trump was able to emulate somewhat on the campaign trail but so far has been incapable of putting into practice.

The study, available at SSRN, found a “significant and meaningful relationship between a community’s rate of military sacrifice and its support for Trump.” The statistical model it used suggested that if Pennsylvania, Michigan, and Wisconsin had suffered “even a modestly lower casualty rate,” all three could have flipped to Hillary Clinton, making her the president. The study controlled for party identification, comparing Trump’s performance in the communities selected to Mitt Romney’s performance in 2012. It also controlled for other relevant factors, including median family income, college education, race, the percentage of a community that is rural, and even how many veterans there were.

“Even after including all of these demographic control variables, the relationship between a county’s casualty rate and Trump’s electoral performance remains positive and statistically significant,” the paper noted. “Trump significantly outperformed Romney in counties that shouldered a disproportionate share of the war burden in Iraq and Afghanistan.”

For myself, opposition to the warfare/surveillance state was a major criteria in voting. This is an area where my views overlap with those of the libertarians at Reason and was an issue in which they were closer to the views of the candidates from the left as opposed to Republican candidates. While Bernie Sanders stressed economic issues in the campaign, a major reason I voted for him was his opposition to both the Iraq war and the Patriot Act. Unfortunately the Democratic Party used McGovern era rules, and then further changed the rules in 2016, to basically rig the nomination for Hillary Clinton, who is both one of the most hawkish politicians on the political scene, and has a far right-wing record on civil liberties.

The post from Reason concluded by saying, “The paper by Kriner and Shen should be ample evidence that there will be space in the 2020 election cycle for a principled non-interventionist not just to run, but to win.” While I personally would like to see a candidate win based upon finally ending the wars begun under Bush, I am not so optimistic that this will be sufficient for a candidate to win.

On the other hand, I do prefer their attitude of encouraging candidates based upon principle as opposed to an effort described by Recode by Mark Pincus and Reid Hoffman to “hack” the Democratic Party. Their project, entitled  Win the Future (yes, shortened to WTF) plans to adopt planks based upon an internet vote:

To start, the group will query supporters on two campaigns: Whether or not they believe engineering degrees should be free to all Americans, and if they oppose lawmakers who don’t call for Trump’s immediate impeachment.

A group which seeks to reform the Democratic Party but currently doesn’t know what it stands for sounds too much like the Democratic Party of today.

Both Political Parties Have Abandoned Principle

The 2016 election was a low point in our politics, with each party totally abandoning principle. Donald Trump ignored key ideas of the conservative movement, while Hillary Clinton became the establishment neocon candidate, running for George W. Bush’s third term. Newspaper columnists have noted this, with each party vulnerable to criticism for a lack of principles.

At Politico, Bruce Bartlett wrote Trump Is What Happens When a Political Party Abandons Ideas:

…conservatives—who, after all, believe in liberty and a system of checks and balances to restrain the government to its proper role—have plenty of reason to be upset by those actions Trump has taken that transcend our traditional right-left ideological divide. He’s voiced not only skepticism of NATO, but outright hostility to it. He’s pulled America back from its role as an international advocate for human rights. He’s attacked the notion of an independent judiciary. He personally intervened to request the FBI to ease up on its investigation of a former adviser of his, then fired FBI Director James Comey and freely admitted he did so to alleviate the pressure he felt from Comey’s investigation. For those conservatives who were tempted to embrace a “wait-and-see” approach to Trump, what they’ve seen, time and again, is almost unimaginable.

And yet as surprising as this all has been, it’s also the natural outgrowth of 30 years of Republican pandering to the lowest common denominator in American politics. Trump is what happens when a political party abandons ideas, demonizes intellectuals, degrades politics and simply pursues power for the sake of power…

One real-world result of the lobotomizing of conservative intellectualism is that when forced to produce a replacement for Obamacare—something Republican leaders had sworn they had in their pocket for eight years—there was nothing. Not just no legislation—no workable concept that adhered to the many promises Republicans had made, like coverage for pre-existing conditions and the assurance that nobody would lose their coverage. You’d think that House Speaker Ryan could have found a staff slot for one person to be working on an actual Obamacare replacement all these years, just in case.

With hindsight, it’s no surprise that the glorification of anti-elitism and anti-intellectualism that has been rampant on the right at least since the election of Barack Obama would give rise to someone like Trump. Anyone who ever read Sinclair Lewis’ “It Can’t Happen Here,” which imagined a fascist dictator taking power in 1930s America, recognizes that Trump is the real-life embodiment of Senator Buzz Windrip—a know-nothing populist who becomes president by promising something for everyone, with no clue or concern for how to actually accomplish it. Windrip was“vulgar, almost illiterate, a public liar easily detected, and in his ‘ideas’ almost idiotic,” Lewis wrote. “Certainly there was nothing exhilarating in the actual words of his speeches, nor anything convincing in his

While  I might not agree in all of his goals, Bruce Bartlett did express ideas as to what he wants the Republican Party to represent. The Democratic establishment lacks such a vision. Hillary Clinton’s campaign suffered from never being able to express a good reason why she should be present beyond the mistaken view that it was her turn. Democrats have lost every special election, most recently in Georgia with a centrist campaign which failed to stand for anything. Their strategy is limited to attacks on Trump, and raising hysteria about Russia which has gained no political traction.

Dan Baltz wrote in The Washington Post that Beyond opposing Trump, Democrats keep searching for a message:

The loss in last week’s special congressional election in Georgia produced predictable hand-wringing and finger-pointing inside the Democratic Party. It also raised anew a question that has troubled the party through a period in which they have lost ground political. Simply put: Do Democrats have a message?

Right now, the one discernible message is opposition to President Trump. That might be enough to get through next year’s midterm elections, though some savvy Democratic elected officials doubt it. What’s needed is a message that attracts voters beyond the blue-state base of the party…

History says a president with approval ratings as low as Trump’s usually sustain substantial midterm losses. That could be the case in 2018, particularly if the Republicans end up passing a health-care bill that, right now, is far more unpopular than Obamacare. But Trump has beaten the odds many times in his short political career. What beyond denunciations of the Republicans as heartless will the Democrats have to say to voters?

Though united in vehement opposition to the president, Democrats do not speak with one voice. Fault lines and fissures exist between the ascendant progressive wing at the grass roots and those Democrats who remain more business-friendly. While these differences are not as deep as those seen in Trump’s Republican Party, that hasn’t yet generated a compelling or fresh message to take to voters who aren’t already sold on the party.

Hillary Clinton, whose rhetoric often sounded more poll-tested than authentic, never found that compelling message during her 2016 campaign. She preferred to run a campaign by demonizing Trump and, as a result, drowned out her economic platform. This was a strategic gamble for which she paid a high price…

The long-running debate over the Democrats’ message probably will intensify as the party looks to 2018 and especially to 2020. It is a debate that the party needs. Democratic pollster Stan Greenberg, writing in the American Prospect, sees a problem that goes beyond white working-class voters to those within the Democratic base who also were left behind by the post-2008 economic gains. He argues that the party’s problem is with working-class voters of all types, not just whites.

Greenberg has long been critical of the tepidness of the party’s economic message and puts some of the blame on Obama. He believes the former president’s economic message in 2012 and 2016 focused on progress in the recovery largely to the exclusion of the widespread pain that still existed. “That mix of heralding ‘progress’ while bailing out those responsible for the crisis and the real crash in incomes for working Americans was a fatal brew for Democrats,” he argues.

For progressives, the answer to this problem is clear: a boldly liberal message that attacks big corporations and Wall Street and calls for a significant increase in government’s role in reducing income and wealth inequality. Sen. Bernie Sanders (I-Vt.) has been aggressive in promoting exactly that, as he did during the 2016 campaign, with calls for a big investment in infrastructure and free college tuition at public colleges and universities. He has said he intends to introduce legislation he calls “Medicare for All.”

Unfortunately, as has been the case in many articles of this nature which point out the lack of a message from the Democrats, Baltz ignored some key matters. Americans have become so accustomed to the wars started under George Bush and continued under Barack Obama that this was barely mentioned during the campaign. Even worse, Hillary Clinton has backed far further military interventionism than has been supported by Barack Obama–or George Bush and Dick Cheney.

It is sad that Reaganite Bruce Bartlett wrote that conservatives “believe in liberty and a system of checks and balances to restrain the government to its proper role,” but we see little concern among Democrats regarding these matters. Democrats don’t even think of opposing the increase in government surveillance and restrictions of civil liberties in the name of supposedly fighting terrorism. Neither major party candidate had any respect for First Amendment liberties, and Clinton has a far right record in backing restrictions.

With neither party standing for anything, we are seeing an unprecedented degree in dissatisfaction with both major parties, with a recent icitizen poll showing that, “seven in 10 Americans believe the two major parties do not represent them well and that a third party is necessary.” While Hillary Clinton calls third party voters crazy, showing a disdain for democracy in attacking voters for being unwilling to vote for her, this might be the only principled option unless the major political parties are reformed. One of the most vile arguments from establishment Democrats is that we must vote for the Democrats as lesser of two evils to stop Republicans while ignoring the evil promoted by their own party. This is a sick argument to say that we should have voted for a corrupt war monger like Clinton, endorsing her wars, right wing views on the First Amendment, and economic policies, while ignoring how she has used government positions to amass a fortune through influence peddling. Voting for the lesser of two evils over the years has only led to increasing how evil the nominees of both parties are.