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When US Intel Keeps the President in the Dark Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51003"><span class="small">Robert Chesney, Lawfare</span></a>   
Tuesday, 18 June 2019 13:08

Chesney writes: "The New York Times published a remarkable article from David Sanger and Nicole Perlroth on Saturday, titled 'U.S. Escalates Online Attacks on Russian Power Grid.' To be clear, the lights are not currently flickering in Moscow."

Russian border and power station. (photo: Flickr/Peretz Partensky)
Russian border and power station. (photo: Flickr/Peretz Partensky)


ALSO SEE: US Officials Are Keeping Trump in the Dark About Cyber
Operations Against Russia

SEE ALSO: New York Times: US Ramping Up Cyber Attacks on Russia

When US Intel Keeps the President in the Dark

By Robert Chesney, Lawfare

18 June 19

 

he New York Times published a remarkable article from David Sanger and Nicole Perlroth on Saturday, titled “U.S. Escalates Online Attacks on Russian Power Grid.”  To be clear, the lights are not currently flickering in Moscow. The thrust of the story, instead, is that U.S. Cyber Command (CYBERCOM) has established the ability to disrupt the operations of at least some parts of the Russian grid, in response to ongoing efforts by the Russians to do the same to us.

The article is rich with insights into the rapidly evolving state of U.S. cyber capabilities, while yielding several important questions. Below, I explore what it signifies in terms of international law and countermeasures, CYBERCOM’s affirmative authority to take such actions under last year’s National Defense Authorization Act (NDAA), and the legal and policy issues when it comes to notifying the president of such operations.

1. Crossing the Rubicon or a Proportional Countermeasure?

Some of the commentary excited by this article has expressed concern that the United States is crossing a Rubicon here, breaching a valuable taboo. These U.S. actions, however, are occurring in response to years of Russian efforts to establish just this sort of access to U.S. energy systems.  From the article:

At the end of Mr. Obama’s first term, government officials began uncovering a Russian hacking group, alternately known to private security researchers as Energetic Bear or Dragonfly. But the assumption was that the Russians were conducting surveillance, and would stop well short of actual disruption. That assumption evaporated in 2014, two former officials said, when the same Russian hacking outfit compromised the software updates that reached into hundreds of systems that have access to the power switches …

In December 2015, a Russian intelligence unit shut off power to hundreds of thousands of people in western Ukraine. The attack lasted only a few hours, but it was enough to sound alarms at the White House. A team of American experts was dispatched to examine the damage, and concluded that one of the same Russian intelligence units that wreaked havoc in Ukraine had made significant inroads into the United States energy grid …

In late 2015 … yet another Russian hacking unit began targeting critical American infrastructure, including the electricity grid and nuclear power plants.  By 2016, the hackers were scrutinizing the systems that control the power switches at the plants …

[In 2018 CYBERCOM’s] staff was assessing Russian hackings on targets that included the Wolf Creek Nuclear Operating Corporation, which runs a nuclear power plant near Burlington, Kan., as well as previously unreported attempts to infiltrate Nebraska Public Power District’s Cooper Nuclear Station, near Brownville. The hackers got into communications networks, but never took over control systems …

In the past few months … energy companies in the United States and oil and gas operators across North America discovered their networks had been examined by the same Russian hackers who successfully dismantled the safety systems in 2017 at Petro Rabigh, a Saudi petrochemical plant and oil refinery.

Does that mean there is no cause for concern here?

From a policy perspective, one might argue that a U.S. decision to take certain legal and policy positions will have a trailblazing influence on others that a comparable Russian decision does not. That is a very hard claim to justify vis-a-vis decision-making in China, Iran and North Korea, however, and it’s not clear how much bite it has elsewhere (though we have often seen arguments of this kind in the context of drones, demonstrating that the claim has an intuitive appeal to many).

From an international law perspective, one might argue that compromising the grid is an internationally wrongful act.  If so, however, the context suggests that the CYBERCOM activity may constitute a lawful countermeasure, given the earlier Russian intrusions to U.S. systems. Here is Prof. Mike Schmitt’s thumbnail sketch of countermeasures:

Because they involve an act that would otherwise be unlawful, countermeasures are subject to strict conditions. Several merit mention. First, countermeasure may not be conducted until the injured state has notified the responsible state that it intends to take countermeasures and gives the responsible state an opportunity to desist in its unlawful conduct. In the cyber context, it is important to point out that the notification requirement is subject to a condition of feasibility, for advance notification that a cyber countermeasure is about to be taken may afford the responsible state the opportunity to foil it. Second, countermeasures must be proportionate to the injury to which they respond. In particular, they have to be “commensurate with the injury suffered, taking into account the gravity of the internationally wrongful act and the right question.” Third, treaties may contain provisions for the taking of specified remedies in the event of breach. If so, the injured state must resort to them before taking countermeasures.

While we do not truly have enough information in the public record to pass a reliable judgment on the matter, we can at least say that there is a plausible case here for categorizing the CYBERCOM action as a countermeasure responding proportionally to Russia’s activities in U.S. energy systems.

2.  Illustrating the Impact of the Recent Expansion of CYBERCOM’s Statutory Authorities

A second key feature of the story is its emphasis on the evolving domestic law architecture for CYBERCOM’s external operations.  The article notes that “the action inside the Russian electric grid appears to have been conducted under little-noticed new legal authorities, slipped into the military authorization bill passed by Congress last summer.”

If those authorities really were little-noticed, it wasn’t for lack of effort here at Lawfare.  I wrote an extensive analysis of them here pre-enactment (and also here, in order to explain how they relate to CYBERCOM’s “defend forward” operational concept).  In relevant part, here is how I described Section 1642 of the NDAA, which the article suggests may have provided the affirmative authority upon which CYBERCOM relied to conduct its Russian grid ops:

[Section 1642] is not styled as an “Authorization for Use of Military Force” (AUMF), and it certainly is not an authorization to do anything militarily involving non-cyber means.  And yet it is an AUMF of a very narrow and specific variety. It authorizes action of the following kind and subject to the following conditions, when the executive branch finds that those conditions are satisfied and decides to invoke this grant of authority...

Two elements must be satisfied in order to trigger this authorization:

(1) There must be “an active, systematic, and ongoing campaign of attacks against the Government or people of the United States in cyberspace, including attempting to influence American elections and democratic political processes”;

(2) The responsible party must be Russia, China, North Korea or Iran.

Note that Section 1642 makes the “National Command Authority” the relevant decision maker on those triggers. The NCA is, of course, the president together with the secretary of defense.  Very interesting to specify the NCA as opposed to just the president, no?

Once those determinations are made by the NCA, Section 1642 pre-authorizes CYBERCOM in particular “to take appropriate and proportional action in foreign cyberspace to disrupt, defeat, and deter such attacks” (emphasis added by me). And the statute goes on to emphasize that this will count as “traditional military activity,” thus reinforcing Section 1632’s attempt to put an end to Title 50-related objections to CYBERCOM operations. 

This maps onto the reported CYBERCOM operations in the Russian grid quite well, bearing in mind that Russian activities in our energy systems plausibly qualify as an “active, systematic, and ongoing campaign of attacks against the Government or people of the United States in cyberspace” conducted by a state on the qualifying list.

This leads us to the next question, about which the article also shares some fascinating details: Must the president be in the loop for such significant operations?

3. POTUS Out of the Loop—Bugs and Features

This may come as a shock to those who don’t follow this area closely, but under the NDAA framework and especially the relevant National Security Presidential Memorandum (NSPM-13), it does not appear that presidential authorization was required for this activity.

First, the NDAA system: In addition to confirming CYBERCOM’s authority to engage in proportional responses to this sort of attack (see the Section 1642 analysis above), the NDAA also contains a complex set of provisions intended to ensure that these sorts of operations do not wind up categorized as “covert action” subject to the panoply of Title 50 rules—including signed presidential findings—that normally come into play when the government conducts operations where the sponsoring role of the United States is not meant to be apparent or acknowledged. Simply put, Section 1632 of the NDAA establishes that such activities instead constitute Title 10 “traditional military activities.”  (See here for my detailed explanation in 2018.)

Second, the Trump administration last year expressly modified internal executive branch rules that previously ensured presidential sign-off on out-of-network CYBERCOM activities, in an effort to push decision-making authority for most such operations outside the White House. The details of NSPM-13 remain classified, but extensive public statements have confirmed that much (see Ellen Nakashima’s article here, for example). 

The legally interesting question here, then, is whether this particular set of operations fits within the NSPM-13 thresholds. Without access to the precise language, we can’t judge it from the outside. That said, according to a passage in Nakashima’s 2018 reporting on NSPM-13, presidential involvement is still required when the operation “would cause death, destruction, or significant economic impacts”:

In general, the president’s directive—called National Security Presidential Memorandum 13, or NSPM 13—frees the military to engage, without a lengthy approval process, in actions that fall below the “use of force” or a level that would cause death, destruction or significant economic impacts, said individuals familiar with the policy who spoke on the condition of anonymity to discuss nonpublic information.

At first blush, one might think that an operation establishing the capability to compromise some or all of a country’s grid might satisfy that test. The fact that it apparently did not probably indicates that the test is understood to be triggered only when such operational effects are put into play, and not at the preparation of the battlefield stage in which the capability to cause such effects is being established in the first place (though it might also be a clue that the hacks at issue are much narrower in scope and capability than the general framing of the Times story suggests).

At any rate, let’s assume that this is the right conclusion. It is a very interesting question whether that is the right place to draw the line for ensuring presidential engagement. In an ordinary presidential administration, one might be inclined to argue that the line instead should be drawn at the point where the operation creates the capability to cause such effects, even if no one currently plans to put that capability into practice. But these are not ordinary times, as the Times article underscores.

Here’s the most remarkable passage in the Times article:

Two administration officials said they believed Mr. Trump had not been briefed in any detail .... Pentagon and intelligence officials described broad hesitation to go into detail with Mr. Trump about operations against Russia for concern over his reaction — and the possibility that he might countermand it or discuss it with foreign officials …. Because the new law defines the actions in cyberspace as akin to traditional military activity on the ground, in the air or at sea, no such briefing would be necessary, they added.

They were right that it was not legally required. And I think they were right to be concerned about the possible consequences of elevating this to the president’s attention.  And yet it is quite unsettling, from the perspective of civil-military relations in general (and deep, important traditions regarding civilian control of the military in particular) to see such a stark illustration of where things stand.

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FOCUS: Please Stop Thinking This Will Be a Fair Election Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=48731"><span class="small">Jamil Smith, Rolling Stone</span></a>   
Tuesday, 18 June 2019 12:13

Smith writes: "'President Trump: 30 Hours,' the ABC News 20/20 special featuring a heavily promoted White House interview by This Week anchor George Stephanopoulos, finally aired in full Sunday night."

Senate Majority Leader Mitch McConnell. (photo: Win McNamee/Getty)
Senate Majority Leader Mitch McConnell. (photo: Win McNamee/Getty)


Please Stop Thinking This Will Be a Fair Election

By Jamil Smith, Rolling Stone

18 June 19


President Trump declared his willingness to betray the country, and Republicans are ready to help

resident Trump: 30 Hours,” the ABC News 20/20 special featuring a heavily promoted White House interview by This Week anchor George Stephanopoulos, finally aired in full Sunday night. It was alternately an absurd and harmful exercise. There are lists of five to 10 takeaways from the exchange on various news sites, but there are only two that matter: The president declared to a national audience that he is ready to betray the country, and his fellow Republicans have already taken steps to help him do it.

As journalism, the ABC special failed, letting many of Trump’s lies air unchecked and every bit of his racist policy go virtually unexamined. But as pure television spectacle, it sabotaged itself with its own hype. Like a blockbuster movie that has all of its most shocking twists revealed in the trailer, the ABC special had already teased its only truly newsworthy clips last week. Wednesday’s clip showed Trump saying that he would accept information about a political opponent if a foreign nation approached him or his campaign with it — much as Russia did to his eldest son, Donald Jr., three years ago. Trump all but laughed off the notion of calling the FBI in such an instance. (That earned the scolding of none other than FEC chairwoman Ellen Weintraub, who shared a letter Wednesday evening stating unequivocally that accepting anything of value from a foreign nation in connection with a U.S. election is illegal. Her tweet read simply, “I would not have thought that I needed to say this.”)

The furor over the soundbite provoked Trump to attempt an incomplete walkback on Thursday, when he said that “of course” he would alert the FBI when he received that oppo dirt from a foreign country that he still planned to use. “Of course you have to look at it, because if you don’t look at it, you’re not going to know if it’s bad,” Trump said during a phone conversation on Fox & Friends. “How are you going to know if it’s bad?” Because it is coming from a foreign country and that fact alone makes it illegal, that’s how.

For some reason, though, top Congressional Democrats went softer on Trump than they should have. While several of her party’s presidential candidates labeled Trump things like a “national security threat” and  “unfit for the office that you hold” and called for immediate impeachment proceedings, House Speaker Nancy Pelosi said that Trump “does not know right from wrong.” That seemed to give him an out, of sorts. She instead trained her fire on Senate Majority Leader Mitch McConnell’s obstructionist tactics, erecting a poster at her Thursday presser reading, “McConnell’s Graveyard” in reference to all the bills he’s killed. Chuck Schumer, the top Democrat in the Senate, called the interview “disgraceful yet sadly par for the course for this president,” which seemed understated. Rep. Jerry Nadler, the head of the House Judiciary Committee, said it was “shocking.” Was it, really?

The GOP has long been engaged in a project of destabilizing democracy, from partisan gerrymandering to voter purging to various other methods of suppression. Add accepting foreign help to the list. No one can listen to Trump say the kinds of things he said in that interview, possessing the kinds of powers that he has, and think that we’re about to have a fair election. That may have been the height of naïveté to begin with, but everyone should disabuse themselves of that notion now. Election security was a paramount issue for a lot of black and brown voters already, and now it should be for everyone planning to go to the polls in 2020. It is now a topic we should be speaking about daily, and with the appropriate urgency. And we should be putting the blame for the problem where it lies.

Though Democratic leadership issued the rhetorical equivalent of “thoughts and prayers” as the sitting president openly spoke of colluding with foreign powers who might help him win the next election, there is only so much indignation we should be directing Democrats’ way. Yes, it did look a bit like accountability theater when Sen. Mark Warner (D-Va) tried to pass a bill Thursday via unanimous consent that would require all campaigns to report any offers of foreign assistance to the FBI, considering that such a bill had no chance in hell of being signed into law by the president who made it necessary (if not, per Weintraub, somewhat redundant). But even as some press outlets were quick to credit Republicans for distancing themselves a toe’s length away from the president after he made those unpatriotic remarks, it was one of their senators from Tennessee, Marsha Blackburn, who blocked the passage of the Warner bill by raising an objection.

It was as ludicrous a stance as McConnell’s steadfast refusal to allow any legislation enhancing U.S. election security to be even considered on the Senate floor during this term, including the Election Security Act, a House Democratic bill that would help bolster federal and state voting infrastructure. And now the Department of Justice is starting to “investigate the investigators” who initiated the Russia inquiry into the Trump campaign, so there is a greater likelihood that our nation’s defenses will be even weaker as intelligence officials either fear reprisals or outright prosecution from their own government for trying to protect our national elections.

Consider some of the rhetoric calling Trump “traitorous” too much? Too bad. I mean, we live in a time when the Pentagon deliberately keeps the president out of the loop with regard to U.S. countermeasures against Russian power grids, for fear that he will let sensitive details slip to top Russian officials as he already has in the past. But Trump’s willingness to undermine American democracy is not merely disloyal because of his literal encouragement of foreign interference in our elections.

The untold number of lives lost and the scars borne by people like Rep. John Lewis can’t allow us to say that voter suppression is “un-American.” Unfortunately, it is anything but. Americans still do not have the full protections of the Voting Rights Act, thanks to the 2013 Shelby County v. Holder Supreme Court decision. We should take Trump’s eagerness to accept foreign help and the Republican will to assist him within this context, because like the act of blocking the ballot, their acts vandalize the very purpose of democracy. For all their carrying on about migrants, they sure are in a hurry to give away a say in America’s future to foreign actors, some of whom may even be adversaries.

That is why it is difficult to get caught up in Trump’s gaudy redesign of Air Force One , or even his possibly imaginary Obamacare replacement that he teased during the ABC special. It was going to be tough to make that newsworthy in an age when his administration is building concentration camps for immigrant children. But perhaps news is where you make it.

Stephanopoulos never mentioned the words “family separation,” “Iran,” or “Census citizenship question” — despite those being arguably three of the most urgent issues currently facing the Trump administration — and still dominated the headlines. Trump faced no questions about the climate crisis, or how his government might be improving its abysmal record managing natural disasters. Many of the president’s outright and checkable lies were broadcast without correction. Trump was even able to drop a “Pocahontas” without any rebuke, as if that racist barb was actually Elizabeth Warren’s nickname.

One of our holes in the boat, as it were, is that the sitting United States president can remain in office, signing bills and even riding on Air Force One, after he has said the kinds of things that he has. Trump told the nation, on television, that he plans to become a criminal. That he steadfastly denies being a crook in the past, whether financial or political, matters not. Every single claim of “no collusion!” was zeroed out by this interview. We now lay in wait for he and his campaign to collude, whether with Russia or the Saudis or the UAE, or whichever foreign power may seek to sway Trump toward their preferred policy outcome.

This president has no definable moral code to speak of beyond his own personal profit and glorification. In that respect, he is a natural Republican for this day and age. That we know them to be this way, however, does not mean that we should merely shrug our shoulders at their depravity. 

The president’s behavior is indeed “disgraceful,” if no longer “shocking.” He and his party do know “right from wrong,” of that I’m sure. They’re grown. So treat them as such.

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Trump Loves to Say He May Not Leave Office After Two Terms, and It's Dangerous Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49820"><span class="small">Peter Wade, Rolling Stone</span></a>   
Tuesday, 18 June 2019 08:24

Wade writes: "As laughable or terrifying as it may sound, the notion that Trump would try to stay in office should not be scoffed at."

The White House at night. (photo: Susan Walsh/AP)
The White House at night. (photo: Susan Walsh/AP)


Trump Loves to Say He May Not Leave Office After Two Terms, and It's Dangerous

By Peter Wade, Rolling Stone

18 June 19


We are living in a time where the unbelievable has become believable

onald Trump thinks his supporters will want him to serve a third term, despite not yet winning a second. On Saturday, the New York Times reported that Pentagon and intelligence officials kept certain details from the president regarding a new U.S. military program that included cyber warfare attacks on Russia because of “the possibility that [Trump] might countermand it or discuss it with foreign officials.”

On Sunday morning, President Donald Trump, angered by the story, took to Twitter to blast both the New York Times and the Washington Post, calling both “the Enemy of the People.” Included in his dangerous tweet, the president also floated the idea of staying in office longer that what is constitutionally allowable because his supporters might “demand that I stay longer.”

As laughable or terrifying as that may sound, the notion that Trump would try to stay in office should not be scoffed at. We are living in a time where the unbelievable has become believable. As the Washington Post reminded us after the Mueller report was released, Trump shared a tweet from Liberty University President Jerry Falwell Jr. that called for extending his first term by two years “as pay back for time stolen by this corrupt failed coup.”

Back in April, Trump seemingly joked about changing term limits and just last month House Speaker Nancy Pelosi spoke about Democrats having to win back the White House by a “big” margin, as to hold off charges from Trump and his supporters who may question the legitimacy of the 2020 elections. “We have to inoculate against that, we have to be prepared for that,” Pelosi told the New York Times.

No matter what happens this election cycle or the next, the one thing we can be assured of, is that Donald Trump will not go quietly. And his repeated talk about not respecting the rule of law—let’s not forget he recently said to George Stephanopoulos that he would accept information on an opponent from a foreign country—should be a red flag to the Democratically-controlled House that still refuses to pursue impeachment.

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The Historical Argument for Impeaching Trump Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=50999"><span class="small">Heather Cox Richardson, Guardian UK</span></a>   
Tuesday, 18 June 2019 08:21

Richardson writes: "The question of impeaching Donald Trump is about replacing the toxic partisanship of today's Republican party with America's traditional rule of law. It has become a constitutional imperative."

Donald Trump said he was different from Nixon because Nixon left. 'I don't leave,' Trump said. 'Big difference. I don't leave.' (photo: National Archives and Records Administration)
Donald Trump said he was different from Nixon because Nixon left. 'I don't leave,' Trump said. 'Big difference. I don't leave.' (photo: National Archives and Records Administration)


The Historical Argument for Impeaching Trump

By Heather Cox Richardson, Guardian UK

18 June 19


Since Nixon, Republicans have pushed the envelope under the guise of ‘patriotism’, and Democrats have tolerated it because of ‘civility’

he question of impeaching Donald Trump is about replacing the toxic partisanship of today’s Republican party with America’s traditional rule of law. It has become a constitutional imperative.

Since Richard Nixon, Republican presidents have pushed the envelope of acceptable behavior under the guise of patriotism, and Democrats have permitted their encroaching lawlessness on the grounds of civility, constantly convincing themselves that Republicans have reached a limit beyond which they won’t go. Each time they’ve been proven wrong.

Nixon resigned in 1974 because his attempts to cover up his involvement in the Watergate burglary made his obstruction of justice clear. Republican leaders warned Nixon that if the House of Representatives impeached him, the Senate would convict. Republican congressmen of the time believed in the rule of law.

Gerald Ford’s subsequent pardon of Nixon was perhaps given in that spirit: when the law rules, it permits mercy. But the absence of a humiliating public exposure of Nixon’s participation in Watergate, and the lack of a permanent bipartisan condemnation, gave Nixon loyalists cover to argue that he wasn’t guilty of crimes. Instead they claimed Nixon had been hounded out of office by outlandish liberals determined to undermine him and the country.

Ever since, Republican extremists have employed this rhetoric whenever they break the law or erode constitutional norms.

When Ronald Reagan’s administration was exposed for having illegally sold arms to Iran to raise money covertly for the Contra rebels fighting the Nicaraguan government, Reagan acknowledged that the evidence was damning – yet defended the principle behind the scheme. Reagan’s successor, George HW Bush, pardoned the six leading figures of the Iran-Contra affair because, he said, “whether their actions were right or wrong”, they were motivated by “patriotism”. The investigation into their actions was “a criminalization of party differences”.

Yet, faced with the popularity of Democratic president Bill Clinton, who threatened to undermine conservative efforts to unwind the activist government Americans had supported since the 1930s, Republicans led by the House speaker, Newt Gingrich, did precisely what Bush Sr had ostensibly warned against. They sought to undercut Clinton by impeaching him for high crimes and misdemeanors after he lied under oath about an extramarital affair. (The public recognized that the charges were politically motivated, Clinton’s popularity only rose, and the Senate ultimately voted to acquit.)

But when George W Bush, a Republican, took office, Republicans once again deferred to executive lawlessness. In order to justify the 2003 invasion of Iraq, administration officials falsely argued that Iraq had weapons of mass destruction. To silence opposition, “Scooter” Libby, chief of staff to Dick Cheney, unmasked a CIA officer. Libby was ultimately convicted of perjury and obstruction of justice; no one else was held criminally responsible for the disinformation used to justify the Iraq war, which has killed hundreds of thousands of people.

During the Obama administration, partisanship once again trumped the law. Republican leaders under the Senate majority leader, Mitch McConnell, set out to thwart Democrats – first by refusing to cooperate in crafting legislation, then by refusing to consider a Democratic supreme court nomination as required under the US constitution.

Even before the 2016 election, Republican officials told reporters that they planned to impeach Democrat Hillary Clinton as soon as she was elected for her misuse of an email server or her ties to the Clinton Foundation. McConnell then led Republicans in refusing to join President Obama and Democratic leaders in a bipartisan statement alerting the public that Russian intelligence was attempting to throw the 2016 election to the Republican candidate, Donald Trump. This forced Democrats to accept the tilted playing field to avoid the appearance of partisanship.

Democrats kept largely quiet in the face of such bullying, afraid that Republican rhetoric would alienate voters and hurt their chances in 2016. Then Trump won.

The same Republicans who had threatened to impeach Hillary Clinton remained silent when, immediately after his surprise victory, Trump refused to abide by laws about emoluments or nepotism, openly profiting from the presidency and filling the White House with personal relatives. They continued to remain silent when Trump fired the FBI director, James Comey, who was investigating Russian interference in the 2016 election, then pointedly pardoned Scooter Libby, saying he was “treated unfairly”. They did not protest in February 2019 when the Trump administration openly defied the law by refusing to give Congress a required report on Saudi involvement in the murder of journalist Jamal Khashoggi.

By May of this year the White House was refusing to honor any congressional subpoenas on the grounds that “it’s very partisan – obviously very partisan”, as Trump told the Washington Post.

When the House committee on ways and means demanded Trump’s tax returns under a law that leaves no wiggle room, Steven Mnuchin, the treasury secretary, nonetheless refused to deliver them, saying he saw no “legitimate legislative purpose” for such a request. An attempt by the executive branch to dictate to the legislative branch, the only branch of the American government that has the unilateral power to make law, is shocking, but Republicans stayed quiet. They also stayed quiet when Trump used declarations of national emergency to override laws passed by Congress, and on Monday the Trump White House asserted in court that Congress had no authority to determine whether the president has committed crimes.

Yet only one congressional Republican – Michigan’s Justin Amash – has called for impeachment.

Special counsel Robert Mueller, investigating Russian interference in the 2016 election, provided ample evidence that the president should be investigated for obstruction of justice in his attempt to quell the Russia investigation by firing Comey and urging aides to lie. At the same time, Mueller reminded Americans that the constitution charges Congress with presidential oversight. Indeed, under current Department of Justice policy, a sitting president cannot be indicted; congressional oversight is the only way to rein in a lawless president.

The Republican-controlled Senate will almost certainly not vote to remove Trump from office no matter how convincing the evidence of his criminality. But the process of impeachment by the House and a trial by the Senate would undercut the idea that prosecution is equivalent to partisanship. It would be a vivid illustration that American presidents – Republicans as well as Democrats – are bound by the rule of law and the US constitution.

The nation did not need such a demonstration in 1974: Republican leaders of that era forced their own president from office. Today’s Republicans will not do the same, and their complicity threatens to turn America into an autocracy.

Trump is certainly aware of the power that acquiescent Republicans have afforded him and that as soon as he is out of office, he can be charged with crimes. He recently told reporters he was different from Nixon because Nixon left. “I don’t leave,” Trump said. “Big difference. I don’t leave.”

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Black Women, Let Your Anger Out Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51000"><span class="small">Joshunda Sanders, In These Times</span></a>   
Tuesday, 18 June 2019 08:19

Sanders writes: "Channeling collective anger - supporting Black women's civic engagement, for example - is an important first step in the foundation for building sustainable political power."

'Channeling collective anger is an important first step in the foundation for building sustainable political power.' (photo: Noa Denman)
'Channeling collective anger is an important first step in the foundation for building sustainable political power.' (photo: Noa Denman)


Black Women, Let Your Anger Out

By Joshunda Sanders, In These Times

18 June 19


Chronic stress is killing us. We can’t keep repressing our rage.

t is an infuriating reality that Black women are encouraged to repress our anger even when we have so much to be angry about. When I sit weeping from anger in the office of a white male supervisor gaslighting me out of my job, when I show up as a reporter for the San Francisco Chronicle at an International Women’s Day event and am directed to the catering staff entrance (despite wearing a press pass), when my middle-aged white female supervisor passive-aggressively jokes that she fears I will replace her as she nears retirement age and then proceeds to fire me—I seethe silently and am reminded that to be a Black woman in America is to be constantly exposed to hostility inspired by one’s mere presence.

For years, I coped with this reality by smoking cigarettes and drinking a lot. I avoided feeling my feelings because I had no models for what it would look like to advocate for myself without unleashing the rage I had suppressed for so long.

In her 1981 keynote at the National Women’s Studies Association conference, “The Uses of Anger: Women Responding to Racism,” poet and Black feminist author Audre Lorde introduced a pioneering intersectional vision of anger’s usefulness in coping with racism, classism and sexism. “My response to racism is anger,” Lorde said. “That anger has eaten clefts into my living only when it remained unspoken. … Black women are expected to use our anger only in the service of other people’s salvation or learning. But that time is over.”

While Lorde found some relief in expressing her anger, it comes at a cost. I have always felt the invisible pressure of respectability politics—the notion born in the Reconstruction era and championed in the Obama era that for Black people to be successful, to be worthy of the protections of white citizenship, we have to behave ourselves and assimilate to the dominant culture. Or, to use Michelle Obama’s famous mantra: When they go low, we go high.

The constant refrain of respectability politics, explicitly or implicitly, is that marginalized people must rise above racism and sexism and the emotions they inspire—such as anger, depression and anxiety—in order to gain favor from those in power. As such, Black women have al-ways been discouraged from expressing such emotions. In 2018, when tennis champion Serena Williams openly expressed her anger at a notoriously strict umpire, she was fined $17,000 and headlines generally portrayed Williams’ rage as an “outburst” unbecoming of a sports star.

Growing up, I was encouraged by my mother, even as a poor child in the Bronx, not to embarrass her by throwing a temper tantrum like some white children I saw screaming at Sunday Mass, for instance.

We never want to give white people—who already view us as immune to pain, as consistently and forever unequal—a reason to think we are irrationally upset, which is how anger voiced from a Black woman is usually construed. But the catch is that never expressing your emotions makes people believe you don’t have them or your feelings don’t matter. And it allows deeply rooted biases about race and gender to persist.

In the decades since Lorde gave language to a legacy of righteous rage, scholars and scientists have started to pay serious attention to the deleterious effects of the chronic stress caused by enduring racism and sexism, which wears Black women’s bodies down over time. Quite literally, this stress is killing us.

Arline Geronimus, a professor at the University of Michigan, pioneered research on the psychosocial impacts of inequality by identifying a physiological “weathering” process, which “accelerates aging and increases health vulnerability. It is spurred by chronic toxic stress exposures over the life course and the tenacious high-effort coping [that] families and communities engage to survive them, if not prevail.”

This “high-effort coping” manifests in the body in bursts of adrenaline commonly known as a “fight or flight” response, when the nervous system kicks into high gear. In a 2017 paper, re-searchers Bridget Goosby, Elizabeth Straley and Jacob Cheadle found that the daily stressors that uniquely affect Black women trigger this response with deleterious consequences: “Because stress response systems are optimized to deal with immediate threats but can be harmful when continually activated… the need to constantly prepare for and adapt to stress accelerates wear and tear on the body (i.e., allostatic load).”

New studies are linking this higher “allostatic load” to the host of health issues disproportionately suffered by Black women: high blood pressure, heart disease and diabetes-related deaths. Research also suggests that allostatic load is associated with Black women’s internalized and constantly affirmed sense of political and social powerlessness—and of the contrast between that powerlessness and the Strong Black Woman stereotype.

The result of knowing we are expected to be strong while also being among the least considered, lowest-paid people in society is “heightened levels of emotional distress that include frustration, anger and resentment,” write A. Antonio Gonzalez-Prendes and Shirley Thomas in their 2011 paper “Powerlessness and Anger in African American Women: The Intersection of Race and Gender.” For her 2017 dissertation, researcher Naomi M. Drakeford studied 210 Black women and found correlations between belief in the Strong Black Woman stereotype, emotional suppression and depression.

So what is to be done? If not even a celebrity like Serena Williams can voice her anger without being penalized, noncelebrities are certainly at risk. If we take up space with our justifiable fury, the negative consequences are myriad, from employment backlash to reinforcing stereotypes about Angry Black Women. If we suppress our anger, we risk validating a different, damaging caricature that paints Black women as feeling no pain.

There are some glimmers of hope: The Drakeford paper found that spiritual coping mechanisms decrease the negative health effects of adherence to the Strong Black Woman stereotype. There are also some local health interventions. In New York City, health officials have started racial sensitivity and culturally appropriate healthcare training in OB/GYN and maternity wards to stem escalating maternal deaths, for example.

But ultimately, the persistent problem of bias at the intersection of race and sex stems from a broader white supremacist culture that has reinforced notions of Black female inferiority for hundreds of years. Expressions of rage then allow racists and sexists to justify their bad behavior as existing only in the imagination of the survivor of their biases.

Health and longstanding biases aside, there are a number of political reasons Black women shouldn’t keep our anger bottled up. Lorde noted that suppressed anger undoubtedly helped white patriarchal power keep women silenced and angry at one another. “In the male construct of brute force, we were taught that our lives depended upon the good will of patriarchal power,” Lorde said. “And if we accept our powerlessness, then of course, [expressing our anger] can destroy us.” But channeling collective anger—supporting Black women’s civic engagement and increasing representation in Congress, for example—is an important first step in the foundation for building sustainable political power. We saw this in the Black Lives Matter movement, for example, which began with the shared outrage of three Black women over the killings of Black men and boys.

But Black women’s expression of anger and suffering will not dismantle white supremacy on its own; it is only the alarm bell that signals the urgent need for change. Consider, for example, Stacey Abrams’ run for governor in Georgia. She embodies the concept of speaking truth to power, of expressing anger appropriately, but the manifestations of a racist and sexist political system (in the form of widely reported voter suppression) resulted in her being shut out.

Allostatic load gives the medical establishment’s imprimatur to a fact Black women have long known: Life under white patriarchy is wearing us down. To the extent there are political or policy solutions that could help reduce our chronic stress, they must include not only listening to Black women but hearing us.

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