Clinton’s Popularity Continues To Decline, Possibly Affecting Democratic Voter Enthusiasm

Democrats lead in the generic Congressional polls, but there are warning signs for Democrats. A new Washington Post-ABC News poll shows that by a 52 to 38 percent margin voters want Democrats to control Congress to be a check on Trump. However, 65 percent of Republicans and GOP-leaning adults say they are “almost certain to vote,” only 57 percent of Democrats and Democratic-leaning voters say they are likely to vote.

There are probably many reasons why Democratic-leaning voters are less likely to vote, but the damage to the Democratic brand caused by the nomination by of Hillary Clinton in 2016 cannot be underestimated. For those who have voted Democratic in protest against the policies of the Bush administration, it was a great disappointment to see the Democrats nominate a candidate with essentially the same agenda. The undemocratic manner in which the party establishment essentially picks the nominees, despite the charade of a primary system, creates further disenchantment with the party. As bad a choice as Donald Trump was, at least he was nominated due to beating the establishment candidates in a year in which many voters from both parties did not want another Bush/Clinton, with the Republican establishment accepting the decision of its voters.

Normally losing candidates do better in the polls after the election. With Donald Trump doing such a terrible job and dropping in the polls, if she followed traditional patterns Hillary Clinton should be seeing a boost in her support. Instead a Bloomberg National Poll shows that Clinton’s support has declined and that she is even more unpopular than Donald Trump.

This is not based upon opposition to the party in general  as Barack Obama and Joe Biden’s popularity has increased since they left office, and Bernie Sanders has become the most popular politician in the country.

The poll doesn’t provide reasons for Clinton’s further decrease in popularity. Just losing to a candidate as terrible as Donald Trump further highlights how weak a candidate she was, with reports such as those in Shattered providing further confirmation. I would also bet that many people expressed positive views of Clinton in the context of an election campaign against Donald Trump, but now that the campaign is over have no reason to hide their distaste for her.

Clinton’s actions following her loss give additional reasons for an already unpopular politician to now receive even less support. Her frequent statements blaming others for her loss, while downplaying the serious mistakes she made, shows her lack of character. While her far right wing views on civil liberties has received too little attention, her call for Congressional action against fake news, which amounts to censorship of material critical of her, is alarming in light of her long standing support for restricting freedom of speech and dissent.

Clinton’s anti-Russia hysteria, going well beyond what has been proven in the investigations to date, might be fooling some Democratic partisans, but is alarming to others. Clinton does not benefit politically from the revelations involving the Trump administration and Russia when fear of world war with Russia was a motivating factor for some who voted for her. A recent study suggests that her ultra-hawkish views might have played a significant role in her loss. News out of Syria provides further reason to oppose Clinton, considering her push for greater interventionism, even to the point of risking direct conflict with Russia.

Clinton has been out of step with more liberal voters on other issues, including economics, trade, the drug war, and health care policy. While many Democratic leaning voters support a single-payer system (as promoted by people including Bernie Sanders and Al Gore), Hillary Clinton also showed she was out of step in campaigning against  Medicare-for-all.

It is hard for many independents, along with principled Democrats, to be enthusiastic about the Democrats after nominating a candidate which so many dislike for good reason. The attacks on liberals and progressives opposing Clinton from partisan Democrats, showing a gross lack of respect for the basic principles of democracy in thinking that those who oppose her had some obligation to vote for her, further alienates potential Democratic voters. If Democrats are to expand their base and win elections, they need to show more respect for the views of those who oppose their move to the right.

Democrats have done poorly in 2010, 2014, and again in 2016 after moving to the right and running as a Republican-lite party. Bloomberg reports that Democrats are again looking at promoting more conservative candidates in 2018, failing to learn that voters see no reason to turn out to vote for candidates who do not stand for anything. The Democrats should do well in 2018 in response to the Trump disaster, but they also appear capable of pulling defeat again out of what should be sure victory.

Shepard Smith Speaks Out About All The Lies From The Trump Administration

So many lies have come from the Trump administration that even an anchor at Fox is starting to complain about all the lies. Shepard Smith had this to say about the various stories being told about the meeting between Donald Trump, Jr. and Russians when speaking with Chris Wallace:

Fox News can now confirm new, more — Donald Trump Jr., Jared Kushner, Paul Manafort, the lawyer from Russia, the interpreter, this new guy we found out about today, and a mystery person. John Roberts confirms there was an eighth person in that meeting. We don’t know, there may have been more, but there was an eighth. Jared Kushner filled out his form, I think it’s an F-86, saying who he’d met with and what he had done.

Very important stuff, you can go to prison for messing it up, you know, intentionally. He went back and added 100 names and places. None of these people made it. It’s still not — we’re still not clean on this, Chris.

It’s — if there’s nothing there and that’s what they tell us, they tell us there’s nothing to this and nothing came of it, there’s a nothing burger, it wasn’t even memorable, didn’t write it down, didn’t tell you about it, because it wasn’t anything so I didn’t even remember it, with a Russian interpreter in the room at Trump Tower.

If all of that, why all of these lies? Why is it lie after lie after lie? If you’re clean, come out clean. You know, my grandmother used to say “When first we practice to — oh, what a tangled web we weave when first we practice to deceive.”

The deception, Chris, is mind boggling. And there are still people out there who believe we’re making it up, and one day they’re going to realize we’re not, and look around and go, “Where are we? And why are we getting told all these lies?”

Shepard Smith has varied from the hard line pro-Republican viewpoint at Fox at times, but it is also rare to see such outright acknowledgement about government lying including using the L-word. The Fix is calling this a “Cronkite moment” referring to when Walter Cronkite spoke out about the lies being told about the United States involvement in Vietnam.

This is a bit of an exaggeration. Walter Cronkite speaking out against the war is often seen as precipitating a turning point in public perception of the war. The majority of people in the nation is already opposed to Donald Trump and realizes he is a liar. However it would be more comparable if this leads to a change in perception of Donald Trump among Fox viewers.

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.

Investigate Trump, But Hold Off On Claims Of Treason

The information recently released about the meetings between Donald Trump, Jr. and others in the Trump campaign, along with the emails which have been released, show signs of violation of election laws. This is yet another in a long string of meetings which members of the Trump campaign have failed to disclose. This also gives justification for investigations of collusion between Russia and the Trump campaign, but the actual significance of this remains unclear considering that the meeting was with a lawyer who now says she never had any information on Clinton.

This opens additional avenues for investigation for both Robert Mueller and Congress. Although Sarah Huckabee Sanders denied that Donald Trump was aware of the meeting at today’s press briefing, I would bet that Mueller will be looking into this.

A huge problem with the 24/7 stream of news and constant discussion on social media is the temptation to come to conclusions immediately. We certainly need to wait and see what comes out of the investigations. That said, I have suspected from the start of this affair that Donald Trump has been trying to obstruct the Russia investigation to protect members of his campaign (along with possibly covering up financial improprieties). With Donald, Jr involved (along with Jared Jushner), this certainly raises the stakes.

As Shattered revealed, Hillary Clinton latched onto the Russia story within twenty-four hours of losing the election to place blame for her loss on others. Tim Kaine and other are now raising questions of whether Trump committed treason. Whatever crimes might have been committed by Donald, Jr. and others, treason does not appear to apply. This is discussed further at Axios and Vox. From Vox:

The revelation that Donald Trump Jr. was offered incriminating information about Hillary Clinton as “part of Russia and its government’s support for Mr. Trump,” and that Junior enthusiastically accepted and pursued the offer, is shocking. What Trump Jr. did could very well be a crime under federal campaign finance law.

But some politicians and commentators are raising the possibility that he committed an even graver offense: treason. “We’re now beyond obstruction of justice,” US Sen. and former Democratic vice presidential nominee Tim Kaine said. “This is moving into perjury, false statements, and even into potentially treason.” Richard Painter, President George W. Bush’s White House ethics lawyer, declared on MSNBC that Trump Jr.’s behavior “borders on treason” even before the worst revelations about the incidents came out. Rep. Seth Moulton (D-MA) commented, “If this isn’t treasonous, I’m not sure what is.” According to Merriam-Webster, searches for the definition of “treason” are on the upswing.

This is nonsense. Whatever Trump Jr. did, it’s definitely not treason. Treason is a very specific crime with a definition set forth in the Constitution that Trump Jr’s conduct doesn’t come close to meeting, for one simple reason: The US is not at war with Russia…

What Trump Jr. did was outrageous. But that doesn’t make it treason, and it’s irresponsible to keep throwing the term around willy-nilly.

Of course many Republicans have been guilty in throwing around the term, often with even less justification, when attacking Democrats.

White House Plans Announcement On Whether Comey Tapes Really Exist

Donald Trump and James Comey have given a different account of what happened when the two met. Trump has suggested that he has tapes to verify his side of the story while Comey has said, “Lordy, I hope there are tapes” when the topic came up during his Congressional testimony.

This is just one aspect of the Russia investigations which have raised comparisons to Watergate.

The White House has been vague as to whether such tapes actually exist, but I noted this item from the Associated Press earlier today:

The White House says President Donald Trump is expected to make an announcement this week on whether any recordings exist of his private conversations with former FBI Director James Comey.

White House press secretary Sean Spicer says he expects an announcement “this week” on the possibility of tapes. Trump fired Comey in May and has suggested — but refused to confirm — that he may have tapes of his discussions with Comey. The FBI was investigating Russia’s meddling in the 2016 presidential election and possible contacts with Trump campaign associates.

The House Intelligence Committee has asked White House counsel Don McGahn to provide an answer to the ongoing question about tapes by Friday.

It is hard to believe that the White House would actually release any tapes if incriminating, and risk suffering the same fate as Richard Nixon. In the unlikely event that there are tapes showing that it is Comey who was lying, I would expect Trump to be rushing to release them. At this time there is no evidence of collision between Trump and Russia to affect the election but there is considerable suggestion of obstruction of justice on his part. Tapes which were to show that Trump was telling the truth would take a lot of wind out of the investigations, but it is rather doubtful that this will be the case.

More Legal Problems For Donald Trump

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Matt Taibbi On How The Democrats Need A New Message

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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