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RSN: Thinking Outside the Box on Impeachment Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=63"><span class="small">Marc Ash, Reader Supported News</span></a>   
Friday, 06 December 2019 09:26

Ash writes: "The Constitution says a lot of things. Some things the Constitution says are at odds with others. On occasion, those differences have to be reconciled."

December 4, 2019 | Pamela Karlan, Director of Stanford Law's Supreme Court Litigation Clinic, testifies during the House Judiciary Committee's impeachment hearing. (photo: Chip Somodevilla/Getty)
December 4, 2019 | Pamela Karlan, Director of Stanford Law's Supreme Court Litigation Clinic, testifies during the House Judiciary Committee's impeachment hearing. (photo: Chip Somodevilla/Getty)


Thinking Outside the Box on Impeachment

By Marc Ash, Reader Supported News

06 December 19

 

he Constitution says a lot of things. Some things the Constitution says are at odds with others. On occasion, those differences have to be reconciled. The reconciliation process requires weighing the factors to find the balance point. 

The framers were sure that all power should be derived from the people. They were also sure that the power of the voters should not be limitless. We see that in the creation of the Electoral College and, yes, in assigning to Congress the right and responsibility of impeachment. Those expressions can at times be at odds. At those moments when impeachment is necessitated, a delicate balance is essential.

In totality, the constitutional experts who testified as to the appropriateness of impeachment at this moment in US history found that impeachment was clearly warranted. In fact, urgently.

The practical balance is between the political component and the constitutional requirement to confront high crimes and misdemeanors on the part of the president. Fortunately, the two are not mutually exclusive.

Democratic leadership wants to address the political problem by getting it over with as far out from the 2020 presidential election as possible. It’s an imperfect but not necessarily fatally flawed plan. They can do that and still succeed — if they don’t further complicate the process. 

It bears noting that there is little indication that the vast majority of Trump’s curiously loyal base is in any mood to abandon him, regardless of what evidence the Democrats come up with. As long as that’s the case, the chances that any Senate Republicans will vote to convict and remove him from office are slim to none. In that context, the impeachment of Donald Trump really is a constitutional duty.

Do Not Bury the Mueller Report

Forgetting the Mueller Report as a matter of political expediency flies in the face of the constitutional duty of impeachment. If you’re impeaching because it must be done, then you must necessarily include the special counsel’s voluminous evidence of felonious high crimes. To ignore that would defeat the purpose. If the Ukrainian affair is easier for the voters to understand, then make that the focal point of the presentation. But do not bury the Mueller Report, that’s foolhardy. Skill here matters.

Enforce the Subpoenas

A number of current and former Trump administration officials are not yet testifying before Congress for reasons that appear unlikely to be tolerated by the courts. Again, those subpoenas and witness testimonies can be pursued without derailing the Democrats’ preferred timeline. Publish the Articles of Impeachment, hold the vote, and go to trial in the Senate. However, on a separate track enforce the subpoenas and compel the witnesses to testify. The testimonies may not come in time for the Senate trial, but when they do come you can be sure they will matter. Get the testimony on the public record. 

In Narrative Form

Sure, the Republicans can acquit Trump in a Senate trial. But if John Bolton follows that up shortly with bombshells, the Republican exit strategy becomes a lot more complicated. 

If the Democrats want to push an expedited timeline, they can do that. But they should not bury the Mueller Report, and they should absolutely pursue the subpoenas and witness testimonies. Bolton, McGahn, and others can testify; Parnas and Fruman are already charged; Giuliani may well be. Donald Trump is out there creating ever more mayhem as each day passes. 

This is going to be a long, fluid battle. Don’t throw anything of value away. Keep all options on the table, before the Senate trial and after.



Marc Ash is the founder and former Executive Director of Truthout, and is now founder and Editor of Reader Supported News.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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I Worked for Alex Jones. I Regret It. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52459"><span class="small">Josh Owens, The New York Times</span></a>   
Friday, 06 December 2019 09:26

Owens writes: "I dropped out of film school to edit video for the conspiracy theorist because I believed in his worldview. Then I saw what it did to people."

Alex Jones. (photo: NBC)
Alex Jones. (photo: NBC)


I Worked for Alex Jones. I Regret It.

By Josh Owens, The New York Times

06 December 19


I dropped out of film school to edit video for the conspiracy theorist because I believed in his worldview. Then I saw what it did to people.

n Election Day 2016, I sat in the passenger seat of Alex Jones’s Dodge Hellcat as we swerved through traffic, making our way to a nearby polling place. As Jones punched the gas pedal to the floor, the smell of vodka, like paint thinner, wafted up from the white Dixie cup anchored in the console. My stomach churned as the phone I held streamed live video to Facebook: Jones rambling about voter fraud and rigged elections while I stared at the screen, holding the camera at an angle to hide his double chin. It rarely worked, but I didn’t want to be blamed when he watched the video later.

Four years earlier, Jones — wanting to expand his website, Infowars, into a full-blown guerrilla news operation and hoping to scout new hires from his growing fan base — held an online contest. At 23, I was vulnerable, angry and searching for direction, so I decided to give it a shot. Out of what Infowars said were hundreds of submissions, my video — a half-witted, conspiratorial glance at the creation and function of the Federal Reserve — made it to the final round.

Unconvinced I could cut it as a reporter, Jones offered me a full-time position as a video editor. I quit film school and moved nearly a thousand miles to Austin, Tex., fully invested in propagating his worldview. By the time I found myself seated next to Jones speeding down the highway, I had seen enough of the inner workings of Infowars to know better.

READ MORE

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Colin Kaepernick Is the Black Grinch for Those Who Dream of a White America Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52451"><span class="small">Kareem Abdul-Jabbar, Guardian UK</span></a>   
Thursday, 05 December 2019 14:05

Abdul-Jabbar writes: "Colin Kaepernick sent a tweet on Thanksgiving and the white-wing media wants to make sure you know about it."

The attempt to drown out Kaepernick's voice has been going on since he first took a knee. (photo: Elijah Nouvelage/Reuters)
The attempt to drown out Kaepernick's voice has been going on since he first took a knee. (photo: Elijah Nouvelage/Reuters)


Colin Kaepernick Is the Black Grinch for Those Who Dream of a White America

By Kareem Abdul-Jabbar, Guardian UK

05 December 19


The tactics used to discredit the former quarterback are how conservative America has always treated black athletes who speak out

olin Kaepernick sent a tweet on Thanksgiving and the white-wing media wants to make sure you know about it. Breitbart, the Washington Times, Fox News and the rest of the usual suspects quickly reported the contents of this provocative tweet: “Spent the morning at the Indigenous People’s Sunrise Ceremony on the 50 year anniversary of the Occupation of Alcatraz. The US government has stolen over 1.5 billion acres of land from Indigenous people. Thank you to my Indigenous family, I’m with you today and always.”

Just in case that benign announcement didn’t raise the Defcon 1: Apocalypse Looming alarm in your head, Fox started the “news” story by editorializing the contents: “Former NFL player Colin Kaepernick had an odd way of celebrating Thanksgiving, attending an event that appeared to serve as a rebuke to the holiday and the United States.” News reports aren’t supposed to tell us it’s an “odd way” unless they already want to bias the reader. Say it ain’t so, Fox! The conservative political site the Blaze’s headline also wanted to make sure the readers don’t have to burden themselves with thinking: “Colin Kaepernick bashes America on Thanksgiving, participates in ‘Unthanksgiving Day’ celebration.” 

Technically, pointing out a fact isn’t “bashing.” America’s forefathers did indeed steal the land from the indigenous people, often over their dead bodies. Just as indigenous people stole land from other tribes. That’s just historical fact. Like pointing out to grandpa that his zipper is open. I’m not bashing him, just stating a truth. So, why the panicky attacks on Kaepernick? Clearly, there’s something much more insidious going on here: the sustained attempt to steal Kaepernick’s political voice by characterizing him as un-American. The Black Grinch who wants to steal White Christmas American values.

It always starts with character assassination. In 1964, after an intense campaign to label him as a communist, an audio tape was sent to Dr Martin Luther King Jr purportedly of an extra-marital sexual encounter. With the tape was a letter calling him an “abnormal moral imbecile” and encouraging him to commit suicide before “your filthy, abnormal, fraudulent self is bared to the nation.” The tape and letter were sent by the FBI. Calling King a communist was how the FBI justified its relentless campaign of bugging King, his family, and friends and aggressive harassment against him. The campaign was effective because in 1966, 75% of Americans did not support King. The irony is that the moral values that determined King’s crusade were rooted in his devotion to Christianity, not communism. Yet, it was mostly Christians who rejected their own supposed beliefs because they were espoused by a black man who literally embodied Jesus’s teaching of turn-the-other-cheek. History has taught us over and over that religious values are quickly abandoned when they conflict with economics or traditional social norms.

This attempt to drown out Kaepernick’s voice by shouting unfounded personal insults has been going on since he first took a knee during the national anthem in 2016. But really it’s how conservative America has always treated African American athletes who speak out, whether it’s Muhammad Ali, Jim Brown, Tommie Smith, John Carlos, or any of the others. It’s the equivalent of sticking fingers in their ears while shouting, “Nyah, nyah, nyah, I can’t hear you.”

Kaepernick’s highly publicized tryout last month did not seem designed to seriously consider him for readmittance into the NFL. Instead, it looked like a media-savvy sham-show to make the NFL look like the good guys while destroying Kaepernick’s credibility as an athlete and therefore as a spokesman for anything, be it social justice or Nike. When the NFL refused to allow the media to attend and insisted on sole control over the video of the tryout, Kaepernick balked and moved the location so that the media could attend and no one could control how the world witnessed his football skills. The NFL also wanted him to sign a contract apparently agreeing not to sue the league if he wasn’t signed. There was no point to this unusual set-up except to promote a progressive image for the NFL: “See, we’re no longer trying to silence an outspoken athlete. We’ve evolved. We’re woke, baby!” Not really.

Neither the focus on his tweet nor the NFL pretense of his tryout are really about Colin Kaepernick, the man or the player. They are about all the other athletes who conservatives are trying to preemptively silence. NBA superstars like LeBron James and Steph Curry are impervious to this kind of treatment, in part because the NBA didn’t campaign to blackball them. Fox News, Breitbart, and the other mouthpieces of entitlement and walling-off-the-truth can’t touch them. But other players, especially young ones working their way up through the ranks, may be stifled by the example of Kaepernick left to twist in the wind of no-change.

Efforts to silence the black community and all others who speak out for rights has only gotten worse under the Trump administration. Political and social disagreement and discourse, which are the foundations of our country, have been punished. Aggressive efforts have been made to keep African Americans and college students from voting. Lifelong patriots in our government and military were attacked and belittled during impeachment inquiries. And those who have questioned why so many unarmed black people have been killed by the police have now been told by Attorney General William Barr, “[Americans] have to start showing, more than they do, the respect and support that law enforcement deserves,” adding that “if communities don’t give that support and respect, they might find themselves without the police protection they need.” This is the clearest most direct threat yet: “Shut up or die.”

Fifty years ago, 14 black football players from the University of Wyoming were kicked off the team because they asked their coach if they could wear a black armband in solidarity with the campus group, the Black Student Alliance. The armbands were to protest Brigham Young University, which Wyoming was scheduled to play, because of the Mormon Church’s refusal to allow black parishioners to become clergy, which every white member was entitled to. (This rule was abolished in 1978.) The team recalled that the previous year, when playing at BYU, their opponents spat at them, used racial slurs, and took cheap shots at their knees on the field. The Wyoming coach had ignored his players’ complaints. So, when they walked into the coach’s office to explain what they wanted to do, the coach interrupted them with, “As of this moment, you are no longer members of the Wyoming football team.” The players said he followed it with a racist rant that included telling them to return to their fatherless inner-city homes and live off welfare. The only thing the coach admitted to saying to these athletes was “Shut up!”

For much longer than 50 years people have been ordering truth-tellers to shut up and punishing them when they refuse. I’m sure their tactics have silenced some athletes. Not all. They can never silence all because the kind of grit it takes to become an athlete is the same kind it takes to place truth above self-interest. But they sure will keep on trying as long as they get paid to pander to those who wrap themselves in the pretty colors of the flag rather than the bold words of the Constitution.

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BP Just Got Its A-s Sued for False Advertising Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=52446"><span class="small">Dharna Noor, Gizmodo</span></a>   
Thursday, 05 December 2019 14:05

Noor writes: "Lawyers with the environmental legal nonprofit ClientEarth filed a groundbreaking complaint against BP for greenwashing in their ads. They're also calling for a ban on all fossil fuel ads, unless they come with 'a tobacco-style health warning' about the dangers the industry poses to the planet."

A mock up of one of BP's ad with a warning about fossil fuels. (photo: ClientEarth)
A mock up of one of BP's ad with a warning about fossil fuels. (photo: ClientEarth)


BP Just Got Its A-s Sued for False Advertising

By Dharna Noor, Gizmodo

05 December 19

 

awyers with the environmental legal nonprofit ClientEarth filed a groundbreaking complaint against BP for greenwashing in their ads. They’re also calling for a ban on all fossil fuel ads, unless they come with “a tobacco-style health warning” about the dangers the industry poses to the planet. 

And they’re not asking for vague warnings about how oil and gas might have something to do with the Earth warming—they want the labels to quote the Intergovernmental Panel on Climate Change’s reports about how dangerous the industries are. 

“This would make sure the public is not misled, and fossil fuel companies are accountable for the damage they do,” ClientEarth said in a statement.

They filed the first-of-its-kind complaint to the Organization for Economic Cooperation and Development (OECD) on Wednesday. The 100-page dossier alleges that BP’s new “Keep Advancing” and “Possibilities Everywhere” campaigns, which describe the company’s gas as “clean burning” and prominently feature shots of renewable energy technology and cute young people driving electric cars and riding bikes, are so misleading and rife with “greenwashing” that they breach international guidelines on corporate conduct

Basically all fossil fuel advertisements are masking something about the oil and gas industry (I hear that saying your products are the biggest contributors to the greatest threat humanity has ever faced is bad for business), but these ones are particularly bad. 

In one TV ad, a man with a warm British accent says, “We need to learn from the past, work harder than ever, to create cleaner, greener, smarter energy safely,” over shots of workers installing a solar panel and a dude riding his bike up the street. “The world needs progress, seeking new possibilities everywhere so we can keep powering dreams and ambitions.” So inspiring!

You’d think the campaign was created by some new London-based sustainable energy firm, not the British multinational oil and gas company responsible for the Deepwater Horizon spill of 2010 which killed 11 workers and resulted in millions of barrels of oil flowing into the Gulf of Mexico. Only five companies in the entire world are responsible for more carbon emissions than BP. Yet their ads conveniently omit this. And though it’s making some investments into renewables, more than 96 percent of BP’s capital expenditures are on oil and gas.

“BP is spending millions on an advertising campaign to give the impression that it’s racing to renewables, that its gas is cleaner, and that it is part of the climate solution,” said ClientEarth lawyer Sophie Marjanac in a statement. “According to its own figures, BP is spending less than four pounds in every hundred on low-carbon investments each year. The rest is fueling the climate crisis.”

In a statement on Wednesday, BP said they haven’t seen the complaint yet, but that they “strongly reject the suggestion that our advertising is misleading. 

“BP is of course well known as a major oil and gas producer. We are also committed to advancing a low carbon future,” the statement continues. “So one of the purposes of this advertising campaign is to let people know about some of the possibilities we see to do that, for example in wind, solar and electric vehicle charging, as well as in natural gas and advanced fuels.” 

The thing is, if they’re serious about their commitment to “advancing a low carbon future,” they should know that means we can’t produce new oil and gas. Study after study shows this. Heck, a new one that the Global Gas and Oil Network released Thursday found that “carbon emissions from oil and gas in operating fields and mines push the world beyond 1.5°C of warming by 2030” 

“Any expansion of oil and gas production would take us beyond 2°C,” the new report states. 

The United Nations has made it clear that warming past that 1.5 degrees Celsius (2.7 degrees Fahnreheit) could usher in massive heat waves, the loss of nearly all coral reefs, and most Arctic sea ice. It would also subject millions of people to life-threatening heatwaves and floods and generally cause catastrophe.

These BP’s ads are hardly the only sunny fossil fuel company ads that gloss over the mass-genocidal effects of the oil and gas industry. I nearly lost my mind over another BP ad on Twitter that asked me to calculate my carbon footprint, as though I should feel guilty for occasionally forgetting to turn off my hall light (I’m getting better!) while the company continues to produce 1.4 million barrels of oil a day. Other oil companies have followed similar paths. A recent Shell ad, for instance, features influencers attempting to reduce their fossil fuel emissions while driving across the country, as though Shell isn’t the seventh biggest carbon emitter in the world.

But yeah, the ads are fine! Just add the warnings. And make them really, really big...like, big enough to cover the whole thing.

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FOCUS: Hugely Incriminating Phone Records Suggest Rudy Giuliani Is F---ed Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=44994"><span class="small">Bess Levin, Vanity Fair</span></a>   
Thursday, 05 December 2019 11:50

Levin writes: "On Tuesday, House Democrats released the Intelligence Committee's 300-page impeachment report, which concludes, based on over two months of private and public testimony from career diplomats and other administration officials, that Donald Trump 'placed his own personal and political interests above the national interests of the United States,' sought to undermine American democracy, and, in doing so, endangered national security."

Trump's personal lawyer Rudoplh Giuliani. (photo: William B. Plowman/Getty)
Trump's personal lawyer Rudoplh Giuliani. (photo: William B. Plowman/Getty)


Hugely Incriminating Phone Records Suggest Rudy Giuliani Is F---ed

By Bess Levin, Vanity Fair

05 December 19


The president’s lawyer should probably get a lawyer.

n Tuesday, House Democrats released the Intelligence Committee’s 300-page impeachment report, which concludes, based on over two months of private and public testimony from career diplomats and other administration officials, that Donald Trump “placed his own personal and political interests above the national interests of the United States,” sought to undermine American democracy, and, in doing so, endangered national security. For a guy who has insisted that he acted with the utmost integrity when he attempted to extort Ukraine to smear his political rivals, it isn’t a good look! But Trump isn’t the only one for whom the report should be causing some gastrointestinal distress right about now; his personal attorney, Rudy Giuliani, has also emerged from the account looking like a full-on crook, a portrayal that probably would concern him were his brain not atrophying since he left the New York City mayor’s office in 2001.

Much of the damning information comes in the form of phone records. According to logs obtained by the committee from AT&T, Giuliani was in extremely frequent communication with the White House, specifically the Office of Management and Budget, where acting White House chief of staff Mick Mulvaney, of Ukraine “drug deal” fame, is still director. For instance, Giuliani spoke with unidentified individuals at OMB and the White House on April 12, 23, and 24. An OMB call on the latter date lasted over 13 minutes and occurred just one day before Ambassador Marie Yovanovitch was told to return from Kiev. Following many of these communications, the Week notes, Giuliani placed calls to or received calls from his indicted associate Lev Parnas, whom Giuliani allegedly dispatched to Ukraine to dig up dirt on Joe Biden and his son. Another call of particular interest was the 13-minute one between Giuliani and OMB on August 8, which occurred just one day after Ambassador Kurt Volker messaged Giuliani about a meeting with Ukrainian presidential aide Andriy Yermak and a “visit” the two had discussed.

Last month the Washington Post reported that a confidential White House review of Trump’s decision to put a hold on aid to Ukraine “has turned up hundreds of documents that reveal extensive efforts to generate an after-the-fact justification for the decision and a debate over whether the delay was legal,” on which OMB led the charge. In early August, for instance, Mulvaney asked acting OMB director Russell Vought to provide an update on the legal rationale for holding up the aid and how much longer it could be delayed. According to the justification from the OMB lawyers—which the State Department and National Security Council disputed—withholding the aid was legal so long as they referred to it as a “temporary” hold. Was Giuliani strategizing with someone at OMB re: the delayed aid? Who’s to say!

In addition to the frequent calls with OMB, logs show a number of calls with an individual whose number only appears as “-1” in phone records, which at least one former Justice Department official believes is Trump’s cell phone. Obviously, it’s not at all surprising that Giuliani—who is already the subject of numerous investigations—was in close contact with Trump, but it’s yet another data point that blows a hole in the president’s “Giuliani acted alone” defense, which no one believed the first time he trotted it out.

Giuliani does not appear to have commented on the report, but if we give it time, he’ll probably text something nonsensical and grammatically offensive to a bunch of reporters about how this is all just a distraction to run cover for Biden. Trump, who is in the U.K., will presumably log on to Twitter around 5 a.m. local time for an incoherent rant about how Adam Schiff should be tried for treason, and an aside about how he’s never actually met Giuliani but hears he’s a nice guy.

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