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FOCUS: Roger Stone's and Jerome Corsi's Time in the Barrel Print
Tuesday, 12 February 2019 11:56

Toobin writes: "The Stone indictment reads like a political black comedy. It stars a pair of mismatched operatives, Stone and the right-wing author Jerome Corsi, who, without formal connections to the Trump campaign, went on a transatlantic quest for dirt."

Stone is the progenitor and Corsi the expositor of Trump's world view. (image: Mike McQuade/Alex Wroblewski/Albin Lohr-Jones/Getty Images/Alamy)
Stone is the progenitor and Corsi the expositor of Trump's world view. (image: Mike McQuade/Alex Wroblewski/Albin Lohr-Jones/Getty Images/Alamy)


Roger Stone's and Jerome Corsi's Time in the Barrel

By Jeffrey Toobin, The New Yorker

12 February 19


Why the mismatched operatives matter to Trump—and to the Mueller investigation.

oger Stone’s house, in Fort Lauderdale, is situated between a quiet street and one of the city’s canals, which are the only feature Fort Lauderdale shares with its Italian sister city, Venice. In a small room on the first floor, Stone keeps mementos of a career as a political consultant and provocateur which is now in its fifth decade. There are bumper stickers from Richard Nixon’s campaigns for President and photographs of Stone with candidates for whom he’s worked. There’s one of Arlen Specter, the late senator from Pennsylvania, and several of Stone with Donald Trump, whose political aspirations Stone has championed since the nineteen-eighties. When I visited him, on a quiet afternoon in early January, the room also featured a reminder of the crisis that was enveloping him—and his characteristic response to it. In a pair of cardboard boxes, there were dozens of polished rocks, which Stone was autographing and selling: “Roger stones,” to benefit his legal-defense fund. As subsequent developments have demonstrated, he is going to need to sell a lot of them. Shortly before dawn on the morning of January 25th, F.B.I. agents pounded on the door of Stone’s house and arrested him, following an indictment obtained by Robert Mueller, the special counsel. The F.B.I. also searched Stone’s house, his office, and the apartment in Harlem that he used to share with Kristin Davis, the former madam and onetime New York gubernatorial candidate.

According to Matthew Whitaker, the acting Attorney General, Mueller’s investigation of Russian interference in the 2016 election is “close to being completed,” but Mueller has not yet said whether he believes that anyone on the Trump campaign colluded with Russian interests in order to defeat Hillary Clinton. Nor has he said whether he believes that the President obstructed justice by firing James Comey, the former F.B.I. director. Nevertheless, Mueller’s legal filings, which include indictments and sentencing memorandums, have created an almost novelistic narrative, featuring rich portraits of the political and personal motivations of a large cast of characters. Mueller has shown that Russian citizens and companies created a stunning array of fake social-media accounts to boost Trump and damage Clinton, and that Russians hacked and released, notably to WikiLeaks, the e-mails of prominent Democrats, including John Podesta, Clinton’s campaign chair. Mueller and other prosecutors have also established that certain people around Trump have lied to the authorities about their ties to Russia. This group includes Michael Flynn, the former national-security adviser; Michael Cohen, Trump’s former personal lawyer; George Papadopoulos, a Trump campaign aide; and Roger Stone.

The Stone indictment reads like a political black comedy. It stars a pair of mismatched operatives, Stone and the right-wing author Jerome Corsi, who, without formal connections to the Trump campaign, went on a transatlantic quest for dirt. Mueller’s indictment does not charge Stone with any involvement in the hacking, but accuses him of lying to the House Permanent Select Committee on Intelligence about his (and Corsi’s) efforts to pry loose the hacked e-mails from WikiLeaks. Stone is also charged with trying to coerce Randy Credico, a New York media figure and a sometime friend of Stone’s, into joining his efforts to interfere with the work of the House committee. According to the indictment, Stone, in order to prevent Credico from sharing what he knew, sent menacing e-mails to him, including one that said “Prepare to die,” followed by an expletive. He also threatened to steal Credico’s thirteen-year-old therapy dog, a Coton de Tulear named Bianca.

Stone has responded to Mueller’s charges with fevered hyperbole. “Those who think the Mueller investigation will die out with a whimper are dreaming,” he told me on the phone in early February, after his arraignment in federal court in Washington, D.C. “This is a pretext to allow them to remove both Trump and Pence and replace them with Leather Face—I mean, Nancy Pelosi—and then she can appoint Hillary Clinton as V.P. That’s been the agenda from the beginning.” He has vowed to contest the charges at trial. “We’re going to fight them on every piece of evidence, fight them on every witness. We are going to concede nothing.”

Corsi has not been charged, but, in December, he sued Mueller for three hundred and fifty million dollars, saying that the special counsel had engaged in prosecutorial misconduct and illegal surveillance, among other misdeeds. In this civil case, which is pending, Corsi is being represented by Larry Klayman, a Washington lawyer and eccentric best known for filing multiple lawsuits against Bill Clinton’s Administration. Also in December, Corsi published an e-book, “Silent No More: How I Became a Political Prisoner of Mueller’s ‘Witch Hunt,’ ” which recounts his experiences with Mueller’s team and what he calls being “mentally tortured by Mueller’s Deep State prosecutors.”

If Stone and Corsi had not turned up in the Mueller probe, they might have been just a pair of waning satellites in the right-wing solar system. Stone once cut a glamorous figure, with his bodybuilder’s physique and his bespoke suits from London. But, at sixty-six, he is out of shape, he hasn’t played a major role in a campaign in ages, and he scratches out a living by giving speeches, doing a little corporate consulting, and writing for fringe publishers and Web sites. (The house on the canal is rented.) Corsi is seventy-two, and spent most of his life as a marginal academic and a nomadic businessman. In middle age, he began writing books whose conceits—“Swift-boating,” “birtherism”—became shorthand for journalistic irresponsibility. Corsi, who earned a doctorate from Harvard in 1972, stamps “Ph.D.” after his name on the cover of his books as an almost poignant plea for respectability.

In appearance and temperament, Stone and Corsi seem to have little in common. Stone, who dyes his hair platinum blond, dropped out of George Washington University to work on Nixon’s reëlection campaign. He calls himself “a libertarian and a libertine” as well as “a trysexual—I’ve tried everything.” Corsi is a long-married suburban burgher who lives in a McMansion in New Jersey. Stone once took me to his favorite sex club in Miami, to show me where he once talked to a prostitute who he said had information on Eliot Spitzer, the former governor. In New York, Corsi took me to the Harvard Club, where he greeted several staff members by name.

A jury will resolve the question of Stone’s guilt, and Mueller will decide whether to charge Corsi, but the geriatric bad boy and the literary charlatan have a wider significance. Stone and Corsi are, respectively, the progenitor and the expositor of the world view of the current President of the United States. Stone’s vulgar narcissism and his insistence on claiming victory at all costs anticipated Trump’s. Stone has Richard Nixon’s face tattooed on his back and Nixon’s values imprinted on his soul; the amoral ruthlessness of the thirty-seventh President passed, through Stone, to the forty-fifth. Corsi tells stories the way Trump does, starting with the desired conclusion and then arranging facts to support it. He cultivated Trump’s obsessions, including genetic purity, as reflected in claims that Obama was born in Kenya rather than in Hawaii; contempt for the two-party system and the political élite, particularly the Bush and Clinton families; and fear and suspicion of the American intelligence agencies and their purported involvement in events such as the Kennedy assassination and the decision to invade Iraq. Through the crucible of the Russia investigation, the fates of these men have become linked, and their cases will help determine the outcome of the epic clash between the special counsel and the President.

***

When I had lunch with Stone in Fort Lauderdale, he was confident that he would not be indicted but weary from the toll of the investigation. He was haunted, too, by the situation of Paul Manafort. The two had been friends, and occasionally partners, for decades. When Stone and I spoke, Manafort was in prison. He now walks with a cane, apparently hobbled by gout, awaiting what may amount to a life sentence, following his conviction last fall in two cases brought by Mueller, for tax evasion and other crimes.

Stone first met Manafort when he was a teen-ager and they were both starting out in Republican politics. Stone saw that Manafort had developed a unique field of expertise. “Manafort and I are both from Connecticut, which was the last state in the country that still selects its candidates in statewide conventions,” Stone told me. “And the rules are identical to the national-convention rules, as are the Young Republican National Federation rules, as are the College Republican National Convention rules—so Manafort was very familiar with the rules.” By 1973, when they were in their twenties, Manafort and Stone were helping to run the campaign of a fellow Connecticut native, Terry Dolan, for president of the College Republicans. (Dolan lost to Karl Rove.) Four years later, Manafort managed Stone’s run for president of the Young Republicans. They both worked on Ronald Reagan’s campaign in 1980, and then they joined Charles R. Black, Jr., to form the Washington lobbying firm Black, Manafort, and Stone—which thrived for the better part of the decade, often representing dictators like Ferdinand Marcos, of the Philippines, and Mobutu Sese Seko, of Zaire, as well as other outré clients.

After that, they mostly went their separate ways. Manafort continued consulting for foreign leaders, notably for the pro-Russian Ukrainian politician Viktor Yanukovych. Manafort made many millions and spent lavishly, especially on his own wardrobe, which included a fifteen-thousand-dollar ostrich-skin jacket, as Mueller’s prosecutors pointed out during his trial. Stone and Manafort have been in touch only sporadically in recent years, but Stone was among those who suggested to Trump that he hire Manafort as the campaign’s manager for the 2016 Republican Convention. Trump then promoted Manafort to chairman of his campaign, and his tenure there, though brief, is what brought him to Mueller’s attention.

Stone acknowledges that he has had nowhere near the financial success that Manafort enjoyed after their partnership ended. “Manafort was rolling at a much higher level than yours truly,” he told me. “I mean, I don’t have any foreign bank accounts, I don’t own any real estate, I don’t own any stocks and bonds.” Stone objected to Manafort’s exotic taste in clothing, but mostly on aesthetic grounds. “It’s not just that Manafort’s suits were expensive, it’s also that they didn’t fit,” he told me. “I haven’t bought a new suit in twenty years, because, first of all, when you have custom-made suits—which I originally had to do because I had forty-six-inch shoulders and a thirty-two-inch waist; I don’t have the thirty-two-inch waist anymore, but I did—that means you can’t buy anything off the rack, because when it’s altered the pockets would be next to each other in the back of the trousers. But, more importantly,” he said, tailors “put a lot of fabric in the seams, so as you get older and fatter, the clothing can be let out. So if you take care of the garment and it’s well made to begin with, it should last you a lifetime.”

In 1979, when Stone was a young fund-raiser for Ronald Reagan, he paid a call on Roy Cohn, the notorious New York lawyer who had been counsel to Senator Joseph McCarthy, and Cohn suggested that Stone recruit his friends Donald and Fred Trump to the Reagan cause. Stone visited Donald Trump, who provided office space to the campaign, and a friendship of sorts was born. As Trump recounted in the 2017 Netflix documentary “Get Me Roger Stone,” “Roy thought Roger was a very tough guy. Roy knew some very tough guys, I will tell you that. But Roy always felt that Roger was not only tough, but a smart guy, and very political.” When Stone opened his lobbying shop, Trump’s airline and casinos (which all later went out of business) were early clients. Stone saw bigger things for Trump. “In the media age, charisma matters. Kennedy, Reagan—Trump has it,” Stone said. “As with Nixon, there’s a twin compulsion there. He doesn’t mind being hated by the ruling two-party élites, but he wants to be appreciated for his accomplishments.” Stone first took Trump to New Hampshire as a potential Presidential candidate in 1987, and he encouraged him to enter the race in almost every subsequent cycle. (Before this past election, Trump came closest to running in 2000 and 2012.)

Stone and Trump’s relationship has had its ups and downs. When I profiled Stone for this magazine in 2008, Trump told me, “Roger is a stone-cold loser. He always tries taking credit for things he never did.” But, by the time he was interviewed for the documentary, Trump had softened. “I’ve known him for a long time, and he’s actually a quality guy,” Trump said. “He loves the game, he has fun with it, and he’s good at it.” Stone initially had a role with the Trump campaign, but in August, 2015, he and the candidate had a falling-out, and Stone left. (Trump said he was fired; Stone said he quit.) In an interview earlier this month with CBS, after Stone’s indictment, Trump called Stone “somebody that I’ve always liked” and “a character.” The two may never have had a conventional alliance, but they had more or less the same enemies.

Stone and Trump have long avoided defining themselves by party politics. Indeed, for many years it wasn’t clear which party Trump belonged to, and during his 2000 flirtation with a Presidential run he considered doing it as a third-party candidate. This was in line with Stone’s belief that Trump’s real adversary, both then and now, was “the deep state”—a term with a hazy definition. “It’s what Eisenhower called the military-industrial complex,” Stone told me, “but it’s broader than that. It’s the intelligence agencies, the entire national-security apparatus, and it doesn’t change, regardless of who is President.” Stone elaborated on the definition in his foreword to a new book, “The Plot to Destroy Trump: How the Deep State Fabricated the Russian Dossier to Subvert the President,” by Theodore Roosevelt Malloch, an American writer who lives in England. Stone refers to the “two-party duopoly” that brought about “endless wars” in the Middle East and “the erosion of civil liberties” at home. “The Republicans and the Democrats, the elites of both parties, were working together, the Bushes and the Clintons, whose policies and truths were largely indistinguishable,” he writes. Trump represented a rejection of the deep state’s hegemony, and now, according to Stone, the deep state was fighting back: “We are witnessing the beginning of the collapse of an illegitimate effort to reverse what the Deep State could not do in the 2016 election.” Stone has a daily show on the Internet outlet Infowars, which is owned by the conspiracy theorist Alex Jones, who has been banned from Twitter and other social-media sites for his abusive behavior and who has claimed that the massacre at Sandy Hook Elementary School, in 2012, did not take place. Stone devotes much of his show each day to the perfidies of the deep state. He, too, was banned from Twitter, in 2017, after he posted a series of tweets directed at CNN personalities in which he called Don Lemon an “ignorant lying covscuker.”

***

If Stone helped define Trump’s obsessions, then Corsi, who found his way into Trump’s world through a more circuitous route, justified them. Corsi grew up in East Cleveland, where his father was an official with a railroad union and a fervent Democrat. Corsi’s father often travelled to Washington, and he had an unusual method for dealing with his unfocussed son. As Corsi recalled during our meeting at the Harvard Club, “My father, when I was a kid, a truant from school, used to park me in the Senate gallery—that’s where he could babysit me—and he’d say, ‘Jerry, now, your job is to sit here all day and watch it. When I come back, I’m going to ask you about it, and you’ll either get a good grade or a bad grade. So you sit here. You can go to the rest room, but don’t leave. And when I get back I will know what they did and I want to see what you know.’ ”

Corsi caught the political bug and became an accomplished debater at Case Western Reserve University. In the late sixties, he started graduate school in government at Harvard, where his adviser was Michael Walzer, the noted left-leaning political theorist. Corsi wrote his dissertation on prior restraint and the right to protest, a hot topic after the Pentagon Papers case. Walzer, who is now based at the Institute for Advanced Study, in Princeton, recalls little about Corsi as a student, but he wrote a prescient letter of recommendation for him in 1971, the year before Corsi received his doctorate. “I believe him to be a strong candidate for a job at a good university,” Walzer wrote. “Jerry writes easily and well . . . he will certainly be a prolific scholar. . . . I have been a little overwhelmed by his productivity.”

Notwithstanding Walzer’s hopes, Corsi never found a secure home in academia. He bounced around several campuses for about a decade, and began consulting for government agencies, work that seems to have pushed him further to the political right. Under contract with a unit of the Department of Justice, Corsi later wrote, “one of my assignments was to work undercover with the FBI to penetrate the Vietnam Veterans Against the War (VVAW), a vocal organization of anti-war activists whose public figurehead at the time was none other than John Kerry.” Eventually, Corsi concluded, “I could never truly succeed in an academic environment that was beginning to be dominated by leftists.”

For the next two decades, Corsi lived at various times in Colorado, Oregon, and New Jersey, and worked in bank marketing. He was a regular at the Plaza Hotel, which at the time was owned by Donald Trump. Corsi told me, “I would say the relationship was pretty typical for the owner of a major property and I’m a V.I.P. customer, and of course he’s going to be cordial.”

The turning point in Corsi’s career came in 2004, when Kerry ran for President. Corsi teamed up with John O’Neill, who served with Kerry in Vietnam, and they rushed out a deeply misleading book, called “Unfit for Command,” which accused Kerry of falsifying and exaggerating his Navy combat record as a commander of a Swift boat. “John Kerry would like many people today to view his service in Vietnam as one of honor and courage,” the authors wrote. “But the real John Kerry of Vietnam was a man who filed false operating reports, who faked Purple Hearts, and who took a fast pass through the combat zones.” As the Kerry campaign temporized about whether to ignore the slurs or respond to them, the book reached No. 1 on the Times best-seller list. Douglas Brinkley, a Presidential historian at Rice University, who wrote “Tour of Duty: John Kerry and the Vietnam War,” told me, “Corsi’s book is filled with falsehoods, a fake history masquerading as some kind of truth. It was an unvetted attack document, a political hit job—but the important point is that it worked. Kerry never figured out how to respond to it, and he lost. So the book created a niche and fuelled other false narratives, like the birther movement, with Obama.”

Corsi has spent the rest of his career filling that niche, becoming a kind of ersatz Arthur M. Schlesinger, Jr., for the alt-right. With the energy that Walzer recognized decades earlier, Corsi began turning out best-sellers at a pace of nearly one a year. The books had copious details, hundreds of footnotes, and monstrous distortions of key facts. In 2008, Corsi produced another No. 1 best-seller, “The Obama Nation: Leftist Politics and the Cult of Personality,” which claimed that the Democratic nominee “is and always has been a radical on the far left.” (Among Corsi’s bill of particulars was a three-page section headed “Obama Fails to Hold Hand Over Heart During National Anthem.”) Three years later, Corsi published “Where’s the Birth Certificate?: The Case That Barack Obama Is Not Eligible to Be President.” Written with sneering condescension, and featuring racially inflammatory chapter headings such as “The Strange Case of the Obama Mama,” the book never came close to proving its thesis—that Obama was born in Kenya. It, too, was a best-seller.

As a prominent birther, Corsi became better acquainted with Trump. He travelled to Hawaii with investigators affiliated with Joe Arpaio, the Arizona sheriff who shared Trump’s obsession with Obama’s birthplace. Corsi told me that he spoke to Trump several times regarding his research. “He would call me, or they would e-mail me and say, ‘Mr. Trump would like to speak with you,’ and I would get a time and he would call and he would have some issues on his mind that he wanted to review, and the conversations would typically last ten, fifteen minutes—very polite,” Corsi said. Stone, who was in contact with Trump at this time, responded cautiously to Trump’s embrace of the birther issue in the lead-up to the 2012 election. “Trump asked me what I thought of the controversy regarding Obama’s birth certificate—not because he really wanted to know my opinion, because I think his opinion was already formed,” Stone told me in Fort Lauderdale. “And Trump said, ‘Do you know this guy Jerry Corsi?’ I said, ‘I only know of him. Why?’ He said, ‘Well, because I’ve been looking at his book’—he doesn’t read books—but he said, ‘I’ve been talking to him.’ ” Stone observed that the polling on the birther issue was strong among Republicans, but Trump decided against a run in 2012.

Corsi remains a birther. In our conversation at the Harvard Club, he told me that Obama’s release of his “long-form” birth certificate, which was in part a response to Corsi’s book and Trump’s provocations, did not settle the issue. Arpaio’s “people in forensic analysis,” he said, “were able to prove that it had been forged.” Ben LaBolt, an assistant press secretary in the Obama White House, was responsible for handling “the whole birther issue,” which he called “an attempt to define Obama as ‘the Other’—as un-American.” He told me, “Corsi was the leader of the early birther effort before the 2008 election, and Trump took over for the reëlect.” He went on, “Obama was born in a hospital in Honolulu. There was a birth certificate. There was an announcement in the newspaper. It was just a totally normal situation.”

The connective tissue of Corsi’s work is an insistence that the world is not as it appears—that he is revealing secrets that powerful forces want to preserve. Trump was the perfect candidate for a world beset by conspiracies, because, as he put it in his acceptance speech at the Republican Convention, “nobody knows the system better than me, which is why I alone can fix it.” This idea is explored in Corsi’s book “Killing the Deep State: The Fight to Save President Trump,” which came out last year. According to Corsi, the four previous Presidents were all “traitorous,” and supported “the Muslim Brotherhood’s penetration of the top levels of the US national security apparatus, including the White House, the National Security Council, and numerous intelligence agencies, including the CIA.”

Like Stone, Corsi begins his definition of the deep state with Eisenhower’s military-industrial complex, but he winds up lumping virtually everyone opposed to Trump under the same rubric—the federal bureaucracy, Democrats, the news media, and international organizations. There is, he writes, “an extra-Constitutional Deep State willing to use the black political arts of false-flag attacks, funding of mainstream media propaganda, and even assassination of heads of state to dominate US politics by controlling both political parties.”

***

The fear of an enormous conspiracy conjured by Corsi, and more or less embraced by Stone, sounds like an invention of the Internet era, but it actually represents a venerable strain of American political thought. In the mid-nineteen-sixties, Bernard Bailyn, a historian at Harvard, upended the study of the American Revolution by revealing the centrality of conspiracy theories for the leading minds of the era. Previously, the primary influences on the Framers were thought to be Enlightenment figures such as Locke and Montesquieu. But, as Bailyn spelled out in his classic “The Ideological Origins of the American Revolution,” the colonists were also shaped by the views of the radicals behind the English Civil War of the seventeenth century. This led the Revolutionaries to believe “that they were faced with a deliberate conspiracy.” Bailyn noted that the Declaration of Independence, after its famous opening lines, consists mostly of an “enumeration of conspiratorial efforts” against the American colonies. This preoccupation “serves to link the Revolutionary generation to our own in the most intimate way.”

Bailyn was writing in the aftermath of the assassination of John F. Kennedy, the fulcrum of modern conspiracy theories. Both Stone and Corsi wrote books about the assassination for its fiftieth anniversary, in 2013. Stone blasts out his theory in his title, “The Man Who Killed Kennedy: The Case Against LBJ.” His book, written with a former journalist named Mike Colapietro, is an extended diatribe against Johnson, but it offers little in the way of proof (because there is none) that he was complicit in his predecessor’s murder. Corsi’s book “Who Really Killed Kennedy?” portrays the assassination as the product of the deep state. He explores the purported roles of the C.I.A. and organized crime in the murder and, in answering the question of “who really killed JFK,” concludes, “all of the above.”

Stone told me that he and Corsi first connected when they exchanged e-mails about their Kennedy books and bonded over their mutual disdain for the Bush family. Both strongly supported Trump’s candidacy (notwithstanding Stone’s unceremonious departure from the campaign staff), and their shared enthusiasm prompted them to meet, in February, 2016. Corsi hosted a dinner at the Harvard Club that appealed to Stone’s Dionysian appetites. “We began with martinis, proceeded to a vintage French Bordeaux, topped off by the Harvard Club’s London-style roast beef,” Corsi wrote in his recent e-book. “By the time the dinner was over, it was clear our complementary skills in politics could be combined to Donald Trump’s benefit.” Corsi was working as a journalist, mostly for right-wing Web sites such as WorldNetDaily, but advocacy for Trump became his predominant interest. He wrote, “I had crossed over from the reporter’s role to work behind the scenes as a political operative, working secretly with Roger Stone to engineer events that would affect the news cycle favorably for the Trump campaign during the 2016 presidential election.”

Stone and Corsi saw their opportunity to help Trump in July, when, the week before the Democratic National Convention, WikiLeaks released thousands of e-mails that had been obtained during a hack of the Democratic National Committee. The e-mails showed that Party officials used their influence to advance the candidacy of Hillary Clinton over that of Bernie Sanders, and this revelation threw the Convention into an uproar. Julian Assange, the founder of WikiLeaks, had boasted publicly that he had more e-mails that he would release to embarrass the Clinton campaign. Stone and Corsi resolved to find out what else WikiLeaks had and to hasten its delivery into the political bloodstream. The chance to further embarrass the Democratic candidate, especially close to the election, was the kind of dirty trick that Stone had always sought to spring.

Stone reached out to his friend Randy Credico, whose peripatetic career included time as a standup comedian, a radio talk-show host, and the director of the William Moses Kunstler Fund for Racial Justice, named for the late civil-liberties lawyer. Credico worked for the foundation along with Kunstler’s widow, Margaret Ratner Kunstler, herself a well-known lawyer, who had contact with someone affiliated with WikiLeaks. Over the summer, Credico had Assange as a guest, by telephone, on his New York-based radio show. Stone recalled, “Credico tells me it’s coming in October. He never says what it is, other than that it’s devastating, it’s a bombshell, it’s dynamite.” (Through a spokeswoman, Kunstler said that she assisted Credico in booking Assange for his radio show but did not pass any information from Assange to Credico.)

Stone also pressed Corsi to do his part, e-mailing him on July 25th to ask that he go to Assange at the Ecuadorian Embassy in London “and get the pending [WikiLeaks] emails.” Corsi passed this request to his friend Ted Malloch, the author of the book about the deep state, who was trying to help the Trump campaign from England. Corsi asked Malloch to visit Assange at the Embassy—where Assange had taken refuge to escape extradition to Sweden on charges of rape and molestation—and to learn what he could about WikiLeaks’ plans. (The case against Assange was later dropped.) Malloch asserts that he did not speak to Assange and did not give any information to Corsi. Corsi e-mailed Stone on August 2nd, “Word is friend in embassy plans 2 more dumps. . . . Impact planned to be very damaging.” Corsi claimed that he did a “forensic analysis” of the e-mails that WikiLeaks had already released and that, solely by the application of logic, he figured out that Assange was probably going to release John Podesta’s e-mails next: “I started with each e-mail and said, ‘Who sent them and who did they send them to?’ And I mapped these all out, and I started developing a tree—who was contacting who and where the lines of communication were. And suddenly it hit me. There were about ten officials that were handling ninety per cent of these e-mails. And none of them were John Podesta. Now, I knew John Podesta’s e-mails had to be in that server.”

While Stone and Corsi were trying to figure out Assange’s plans, Stone’s friend Manafort was facing a crisis. After the Democratic Convention, news reports began linking Manafort to shady dealings as a political consultant. In Fort Lauderdale, Stone recounted the series of events: “Manafort is getting the shit kicked out of him for his business dealings in Ukraine.” Stone said he had read that Podesta had ethics issues of his own. (These allegations have not been substantiated.) Stone took to Twitter to argue that Podesta’s problems would turn out to be worse than Manafort’s. On August 15th, he posted, “@JohnPodesta makes @PaulManafort look like St. Thomas Aquinas.”

On August 21st, Stone issued the most scrutinized tweet of the entire Mueller investigation. It read, “Trust me, it will soon the Podesta’s time in the barrel. #CrookedHillary.” Among the unresolved controversies about the tweet is whether, and in what way, “the Podesta’s” was a typo. Did Stone write “the” instead of “be,” meaning it was going to be Podesta’s time in the barrel? Or was Stone saying “the Podestas’ time,” referring to John and his brother, Tony? Stone said that the August 21st tweet meant both Podestas, but this may be a position he has adopted to make the tweet look less prescient and thus less suspicious. On October 7th, WikiLeaks began releasing an enormous tranche of John Podesta’s e-mails. Coverage of their contents consumed a great deal of the last month of the campaign, and proved highly damaging to Clinton. If the August 21st tweet referred to just John Podesta, Roger Stone had predicted the WikiLeaks disclosure six weeks before it happened.

***

Stone and Corsi would seem to be in a position to answer one of the major questions in the Mueller investigation: whether anyone affiliated with the Trump campaign knew more about the WikiLeaks disclosures than has so far been acknowledged. Since the American intelligence agencies have concluded that Russian hackers stole the e-mails and provided them to WikiLeaks, proof of any nexus between WikiLeaks and the Trump campaign might establish collusion, and possibly crimes like conspiracy to defraud the United States. Stone’s August 21st tweet at least suggests that he had some inside knowledge of WikiLeaks’ operation. Stone’s and Corsi’s explanations for the events leading up to Stone’s tweet are highly suspect. Stone insists that he received some vague information from Credico, but Credico interviewed Assange for the first time on his radio program on August 25th, four days after Stone’s “barrel” tweet.

Corsi’s explanation—that he logically surmised that Podesta’s e-mails would be released—is equally dubious. There was nothing about the prior disclosures that would give Corsi any basis to predict that Podesta’s e-mails would also be made public. The D.N.C. hack revealed the contents of just seven in-boxes on the group’s internal system, and Podesta did not even work at the D.N.C. Subsequent investigations revealed that Podesta was hacked in another operation, which used a different form of attack. The evidence indicates that someone told Corsi that Podesta’s e-mails were going to be disclosed, rather than that he figured it out on his own. If that’s what happened, it remains unclear who told him.

Stone’s and Corsi’s accounts of these events have diverged in recent months. Corsi now says that on August 30th Stone asked him to create “an alternative explanation”—that is, a cover story—for how he came to write the August 21st tweet. In his account, Stone was nervous about being accused of having an inside source at WikiLeaks, so, Corsi said, he obliged by writing an e-mail that backed up Stone’s claim. As Corsi described it to me, “My interpretation of it was that I was providing an explanation for Roger’s tweet about Podesta and the barrel. I was giving him an alternative explanation to say, ‘It was really Corsi who had been telling me about all the work that Podesta had been doing in Russia.’ ” When I spoke to Stone, he denied having asked Corsi to come up with a cover story, and said that his explanation for the tweet has been consistent from the beginning—that it was really about the Podestas’ business, not about WikiLeaks. Stone told me last week, of Corsi, “He’s certifiably insane, and he has told multiple provable lies.” (Last week, Corsi sued Stone for defamation, arguing that Stone’s public statements about him were designed to intimidate him and to coerce him into giving false testimony at Stone’s upcoming criminal trial. Corsi seeks damages “in excess of $25,000,000.”)

Corsi has chronicled his dealings with Mueller’s office in his e-book. His most bizarre accusation is that one of the prosecutors, Jeannie Rhee, a prominent Washington lawyer, attempted to intimidate him with her choice of clothing during his grand-jury testimony. “I was shocked to see that Rhee was wearing what appeared to be an expensive, possibly designer-made see-through blouse,” he wrote. “Maybe my seventy-two years were showing but I had never imagined any woman would appear before a grand jury exposing her breasts to public view through a see-through blouse.” The special counsel’s spokesperson declined to comment on this or any other subject.

Before Mueller’s prosecutors indicted Stone, they tried to elicit a guilty plea from Corsi. Last November, Mueller’s team made its position clear in an unusually specific way, presenting Corsi’s defense lawyer with a draft set of charges against his client, which laid out the series of lies it believed he had told during an interview with the special counsel’s office. (Corsi disclosed the draft to the public when he rejected a plea deal offered by Mueller.) According to the draft, Corsi lied by saying that he had declined Stone’s request to approach WikiLeaks or ask another person to approach WikiLeaks. In fact, the prosecutors stated, Corsi had tried to reach WikiLeaks and had recruited Malloch to help in the process. Notwithstanding the existence of a substantial number of e-mails that appear to undercut Corsi’s statements to prosecutors, he has refused to plead guilty and is, to date, in legal limbo.

For a person who is usually categorical in his statements, Stone is cautious when describing Trump’s involvement in the quest for WikiLeaks’ documents during the campaign. “I have no memory of ever talking about WikiLeaks with him,” Stone told me in Fort Lauderdale. Responding to persistent rumors that Mueller has a witness who says he heard Trump and Stone on a speakerphone discussing WikiLeaks, Stone said, “Prove it.” Stone’s indictment speaks of an unnamed person, possibly Trump himself, who “directed” a senior campaign official to tell Stone to find out what was coming from WikiLeaks. In public comments, Trump has denied ever speaking to Stone about the organization. It would not necessarily have been illegal for Trump and Stone to have discussed WikiLeaks in the summer of 2016, but, if it were established that they had, that would prove that the President has been lying to the public about his role.

Stone’s legal team plans an aggressive defense. His lead attorney will be Bruce Rogow, a prominent First Amendment lawyer from Florida. “Roger will definitely take the stand in his own defense,” Rogow told me. “It will be key to the case.” Stone said that he plans to call members of the House Intelligence Committee, including Representatives Adam Schiff and Eric Swalwell, to testify. (It’s not clear why their testimony would be relevant, as there is an official transcript of Stone’s statements before the committee.) Stone also said he would argue that any false or mistaken statements he made to the committee were immaterial, because he has not been charged with any underlying illegal conduct. The prospects for a guilty plea from Stone seem remote; it’s unlikely, given Stone’s record of inflammatory and false public statements, that the Mueller office would offer him a plea bargain in exchange for his coöperation and his testimony against others. A Presidential pardon is a possibility, but Trump, in his CBS interview, said that he had not considered pardoning Stone.

The most dramatic—and certainly the weirdest—part of Stone’s trial will probably involve the testimony of Randy Credico. Stone and Credico met more than a decade ago, when they were both advocating for marijuana legalization in New York. But the relationship has always been combustible—Credico is a man of the left and was a fervent Bernie Sanders supporter in 2016—and Stone and Credico are now estranged. “I don’t know why Roger gave up my name to them as his source about WikiLeaks,” Credico told me recently. “Why did he buckle without even getting a fucking subpoena? He gave up a name. That’s called ratting.” In addition, Credico has found his dealings with Mueller’s office daunting. “Those people are like Columbo and Sherlock Holmes and Hercule Poirot combined, and you can’t fucking lie to them,” he said. “Why would you try? They have all the e-mails. They know what happened.”

The indictment states that, on several occasions, Stone told Credico that he should “do a ‘Frank Pentangeli’ ” before the Intelligence Committee “in order to avoid contradicting Stone’s testimony.” As the indictment explains, “Frank Pentangeli is a character in the film ‘The Godfather: Part II,’ who testifies before a congressional committee and falsely claims not to know critical information that he does in fact know.” “But this is all wrong. Randy is an impressionist,” Stone told me, referring to Credico’s days as a comedian. “He does impressions. I was asking him to do his Frank Pentangeli impression. I wasn’t telling Randy to lie.”

***

The statement by the acting Attorney General, Matthew Whitaker, that Mueller’s investigation was winding down drew attention because Mueller himself has been silent about his progress. To date, Mueller’s court filings have created a narrative that, although compelling, is distinctly postmodern in its sensibility. Individual stories often head in different directions and only sometimes intersect. The Russians helped Trump, and the Trump people lied about the Russians. But why did so many people lie to Mueller and the other investigators? Were they lying to cover up crimes—or were they lying simply because they are liars? The Watergate scandal was like Shakespeare—a drama that built to a satisfying climax. The Russia story is more like Beckett—a mystifying tragicomedy that may drift into irresolution. Did Trump collude, and did he obstruct justice? Mueller may never have the answers.

Criminal defendants customarily remain silent when they are facing trial, but Stone has used his indictment as another opportunity to defend the President, and himself. (Judge Amy Berman Jackson, who is presiding in his case, warned Stone not to have any contact with witnesses, but she has yet to impose a gag order, which would bar him from speaking to the news media.) Stone’s pose—hands raised in a “V”-for-victory sign, an homage to his idol Nixon—makes clear that he is relishing the fight. Corsi describes his struggle as spiritual. As he writes in his e-book, “The United States under the Deep State masters has begun to descend into a political Hell that I previously thought could only happen under Hitler’s Gestapo, Stalin’s KGB, or Mao’s Cultural Revolution. My particular Kafkaesque nightmare is nothing more than punishment for the crime of being a vocal supporter of Donald Trump and for having worked with Roger Stone to promote Trump’s 2016 presidential campaign.” Corsi concludes with his own version of a serenity prayer: “I am with God. Are you?”

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Can Freedom of the Press Survive David Pecker? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49375"><span class="small">Bob Bauer, The Atlantic</span></a>   
Tuesday, 12 February 2019 09:34

Bauer writes: "By passing over from the pursuit of news to corporate bullying for self-interested purposes - or, in the campaign-finance case, coordinated political activity with a candidate - a media organization risks forfeiting the constitutional protections normally working in its favor."

David Pecker, publisher of the National Enquirer and Trump friend. (photo: Mark Peterson/Redux Pictures)
David Pecker, publisher of the National Enquirer and Trump friend. (photo: Mark Peterson/Redux Pictures)


Can Freedom of the Press Survive David Pecker?

By Bob Bauer, The Atlantic

12 February 19


The National Enquirer pushed the limits of journalistic norms—and in the process called into question the legal protections enjoyed by the media.

merican Media Inc. admitted to breaking campaign-finance laws when it coordinated closely with Donald Trump’s lawyer in paying for, then burying, a story about an alleged extramarital affair. Its problem was fundamental. It was not engaged in the performance of the journalistic function on which the press’s constitutional and legal protections depend.

Once AMI chose to subsidize a presidential candidacy, it was subject to the legal restrictions and requirements that apply to super PACs and political-action committees. Now the company faces more legal trouble after using the acquisition of personal materials to pressure a critic of its publishing activity, Jeff Bezos, into silence. In other words, it did not cover this story: It engaged in what looks like extortion to suppress it.

This is a case study of the legal exposure that can result from failure to observe core professional norms—and of the relationship of norm preservation to legal immunity. A severe lapse in the observance of norms can become a legal problem. As The Washington Post, owned by Bezos, editorialized, AMI should face the consequences of not engaging in “legitimate journalism” in threatening Bezos. And Bezos, in his Medium posting, put this same emphasis on AMI’s departure from standard journalistic practice. He wrote that “no real journalists ever propose anything like what is happening here”:

I will not report embarrassing information about you if you do X for me. And if you don’t do X quickly, I will report the embarrassing information.

By passing over from the pursuit of news to corporate bullying for self-interested purposes—or, in the campaign-finance case, coordinated political activity with a candidate—a media organization risks forfeiting the constitutional protections normally working in its favor. Adherence to professional norms constitutes the first line of legal defense, the backbone of the claim for privileged treatment based on First Amendment values.

Legal exemptions for news organizations often rest on explicit appeals to these norms. To escape the reach of the campaign-finance laws, a press entity has to be acting as a press entity, performing what the Federal Election Commission has characterized as a “legitimate press function.” The Foreign Agents Registration Act (FARA), which requires reporting of political or public-relations work on behalf of foreign nationals, carves out protections only for press entities’ “bona fide” news coverage.

It is unsettling to strong supporters of press freedom (and I consider myself one) to accept that, because of the absence of overriding constitutional immunities, a press entity can find itself a corporation like any other having to defend against campaign finance, extortion, FARA, or other charges. But AMI’s case shows that a media organization can assume too much.

AMI certainly assumed far too much about its latitude as a press entity to link arms with Michael Cohen in the defense of Donald Trump’s political interests. It was certainly forewarned. The Supreme Court majority in Citizens United went somewhat out of its way to deny that the Constitution singles out the press as a “preferred speaker” in the political process.

That AMI is a media publisher, within the broadest construction of the term, did not allow it to become an auxiliary of the Trump campaign and engage in activities far removed from those that merit the most intense constitutional press protections. David Pecker, the chairman and CEO of AMI, was entitled to his personal political interests and preferences; his chairmanship of the company and power to deploy its resources in the furtherance of his political goals did not transform his partisan purposes into a “freedom of the press” issue.

Whether a media organization can successfully claim the most robust legal protections has a great deal to do with its compliance with norms. In his opinion for the Court in Citizens United, Justice Anthony Kennedy noted the danger that other interests, unrelated to the news-gathering function, might drive a news company’s behavior. He pointed to the potential of a “conglomerate that owns both a media business and an unrelated business to influence or control the media in order to advance its own business interests.” Kennedy indicated that, in that case, the press organization would not be entitled to the ordinary constitutional presumptions: It would not have engaged in the “legitimate” or “bona fide” press activity that shields it from legal liability under statutes such as the federal campaign-finance laws or FARA. This is one of the reasons for Kennedy’s embrace of Justice Antonin Scalia’s position that the institutional press cannot claim constitutional privileges “beyond that of other speakers.”

AMI is now passing through another round of serious legal peril because it disregards the norms associated with legitimate, recognizable journalistic activity. Its editors and reporters did not spring into action in response to Bezos’s attacks. Its management did, relaying the threat to Bezos through lawyers. And it is not only on this front that AMI is testing the scope of its protections from legal liability as a “press organization.” Its publication of a glossy brochure favorable to the Kingdom of Saudi Arabia has raised the question of whether it was acting as a press organization informing the public or the illegally unregistered agent of a foreign government.*

In application, the question of whether a press organization is operating on accepted norms can become complicated. Bezos’s example of what no “real journalist” would do was right. But there is a variant that goes somewhat like this: I do not need to pursue this angle X on a story, which is peripheral to my main interest while embarrassing to you, if we can work together on Y, which I (our readers) really care about.

This play is not uncommon among journalists, especially those within the appropriately hard-charging and vital community of investigative reporters. While there is still a threat implicit in this statement, it typically does not present a legal problem if it advances a clear journalistic purpose. Press organizations make deals for news. Not all are savory: Among the examples is, once again, the National Enquirer, which agreed not to run certain stories about Bill Cosby in return for an on-the- record interview with him. Nor does, or should, every instance of questionable or unethical conduct by journalists invite open season on the press and the threat of legal consequences.

But the flagrant violation of norms can raise the question of a press organization’s true purpose. It separates the hardball investigative tactic, involved in pursuing a story, from the actionable act of extortion in trying to kill one.

As press entities increasingly line up on distinctive sides of the political spectrum, as reporters become commentators and public figures wait out their next stint in office as commentators, and as sources and reporters establish ongoing and mutually advantageous relationships, the issue of adherence to norms will grow in importance. In his recent book On Press, Matthew Pressman has written that the press is now “undergoing the greatest change in its ideals and practices … since the 1970s.” Norms of “objectivity” are under active debate and reevaluation.

The economics of the profession are relevant here, of course. Declining resources for reporting translate into more dependence on sources and closer relationships with them, and those relationships can be built on shared interests in a highly polarized political environment. This is especially significant at a time when, as Pressman points out, traditional news organizations are increasingly appealing to particular readerships characterized by distinctive political, ideological, and cultural commitments.

AMI is not the future: It does not set the pace for the news industry, and we can be thankful for that. But its flouting of professional standards in the Cohen case and the issues now raised by its extortionate behavior toward Bezos illustrate the indispensability of norms in the constitutional defense of the news industry. The norms are not merely aspirational, and they are not only “ethical” in character. With the collapse of norms comes the increased risk of the letter from a lawyer and the prosecutor’s knock on the door.

AMI has now indicated that its board will take up the Bezos matter, but it has stated, too, that it “believes fervently that it acted lawfully in the reporting of the story of Mr. Bezos.” The board was right to believe that whether it acted lawfully depends on whether it was “reporting” in the Bezos matter. That determination is inevitably tied to the evidence that it was, or was not, heeding the norms of the profession. Its battle to win this argument seems very likely to be uphill.

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A New Muslim Ban Challenge Seeks to Answer the Questions the Supreme Court Didn't Settle Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=50145"><span class="small">Sirine Shebaya, Slate</span></a>   
Tuesday, 12 February 2019 09:27

Shebaya writes: "Although the Trump v. Hawaii decision was a setback, the Supreme Court did not settle the question of whether the ban violates the Establishment Clause in that decision. Instead, it sent it back to the lower courts, where we and our plaintiffs are renewing our legal challenge."

Protesters rallying against Donald Trump's travel ban policy. (photo: NBC News)
Protesters rallying against Donald Trump's travel ban policy. (photo: NBC News)


A New Muslim Ban Challenge Seeks to Answer the Questions the Supreme Court Didn't Settle

By Sirine Shebaya, Slate

12 February 19

 

wo years ago, President Donald Trump issued an executive order banning nationals from several predominantly Muslim countries from entering the United States, in fulfillment of a campaign promise to enact a “total and complete shutdown” on Muslims entering our country. Thousands of people thronged to airports, and over the course of the next weeks and months, multiple courts blocked the order and its subsequent iterations from going into effect. Ultimately, however, the Supreme Court allowed a version of Trump’s travel ban to be fully implemented. After that decision, many thought the legal fight was over. But it’s not—many of the families and groups who have been hit hardest by the ban are continuing to challenge this discriminatory policy and trying to get answers to questions about the travel ban that the high court left unresolved.

On Tuesday, the District Court in Maryland will hear oral arguments on the government’s motion to dismiss three pending cases, including the case IAAB v. Trump, which is being litigated by my organization, Muslim Advocates, and our partners. Although the Trump v. Hawaii decision was a setback, the Supreme Court did not settle the question of whether the ban violates the Establishment Clause in that decision. Instead, it sent it back to the lower courts, where we and our plaintiffs are renewing our legal challenge.

First and foremost, we are continuing with this litigation to ensure that everyone in affected communities knows that there is still room to fight. Despite the high bar the Supreme Court has set for challenging the government’s possibly discriminatory actions in the context of immigration law and questions of purported national security, this is not an ordinary case. Our Constitution still provides a fundamental guarantee against religious discrimination, and we continue to believe that this case presents extraordinary evidence—some of which has yet to be fully uncovered—of religious discrimination. Our clients deserve to see this fight through to its end.

Our clients include Iranian Alliances Across Borders, a volunteer-driven organization that works with American youth of Iranian descent to help them build community and connect to their roots. In part, this happens through programming that includes both Americans of Iranian descent and members of the Iranian community from across the globe. Since the ban first went into effect, its members have experienced a range of harms relating to the ban, and the organization itself has become unable to bring in Iranian nationals or youth for their educational programs, conferences, and other activities. These Americans have clearly been punished by the government because of their perceived religious affiliation, in contravention of the First Amendment’s Establishment Clause.

Our individual clients, meanwhile, have had their lives put on hold indefinitely in some cases and continue to experience severe harm because of the ban. They include an American woman who is separated from her husband, who continues to live in precarious circumstances outside his home country; an American woman who has been separated from her fiancé; and U.S. citizens and lawful permanent resident parents and siblings who are unable to be with their families. They and the broader communities they are part of are continuing to experience stigma and personal loss as a result of this indefinite ban. For them, the stakes could not be higher, and it is on their behalf that we continue on with this fight.

Through our lawsuit, we are sending a message to them and to all the affected communities that we have not given up, and neither should they.

On the legal front, we continue in this fight because we want to ensure that the government does not shirk its obligation to provide the real justification, such as it is, for the policy. The ban has been shrouded in secrecy, and there still appears to be no meaningful reason for its existence. Dozens of experts from both parties have disputed the viability of any national security justification for the ban, and the government still has not provided anything other than a conclusory explanation on this front. Through our litigation, we will be demanding answers from the government about the process that led up to the ban. We will also be demanding answers about the implementation of the ban, which includes waiver provisions that appear to have been nothing more than a sham. This information should shed light on our claims that the ban is inherently discriminatory, and should ultimately provide us with the information we need to prove more fully that it is.

Ultimately, through this lawsuit, we hope to shine a light on the secretive process by which the ban and its apparently ex-post facto justifications came into being, and in doing so, to give the communities it affects another chance to show that it’s unconstitutional. If the case moves forward, the District Court will have a fuller record on the basis of which it can decide, on the merits, whether the ban violates the Constitution’s fundamental protection against discrimination on the basis of religion.

Although the road has been long and hard, it’s not over yet, and we and our plaintiffs will continue our work to show that the ban is not just bad policy, but is also unconstitutional.

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The Uses of a Well-Regulated Militia by an Unregulated President: Where Will the National Guard Be Sent in 2019? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=31568"><span class="small">Rebecca Gordon, TomDispatch</span></a>   
Monday, 11 February 2019 15:02

Gordon writes: "God help us all if Donald Trump figures out that he's actually the commander-in-chief of a force that, unlike the U.S. military, can legally be deployed for law enforcement purposes inside the United States itself."

California National Guard troops in 2018 at the border with Mexico in the background. (photo: John Gibbins/Zuma Press)
California National Guard troops in 2018 at the border with Mexico in the background. (photo: John Gibbins/Zuma Press)


The Uses of a Well-Regulated Militia by an Unregulated President: Where Will the National Guard Be Sent in 2019?

By Rebecca Gordon, TomDispatch

11 February 19

 


Think about this for a moment: in a country whose infrastructure is falling apart and where an inequality gap of monumental proportions is still growing, at least we should feel remarkably well-protected. After all, in the last fiscal year, the Pentagon, the one institution in Washington that only seems to receive more taxpayer dollars every year, spent 103 million of them to send thousands of National Guard troops to our southern border. It is expected to spend another $308 million in fiscal 2019 mainly to fund them to string concertina wire and twiddle their thumbs. At least that much (and probably more) will be spent maintaining Army units on that same border, as several thousand more troops are soon to be dispatched there. In 2019, it’s estimated that up to 5,800 troops and 2,300 members of the National Guard will continue to be deployed to support and reinforce the president’s oversized ego in those borderlands.

When it comes to infrastructure, however, despite his past promises of $1.5 trillion in investment and the barest of nods to such financing in his recent State of (Dis)Union Speech, the main infrastructure Donald J. Trump seems intent on financing with all that concertina wire is the shaky set of great walls inside his still expanding head.

If only we could see that set of structures, we would surely be awed. Since we can’t caravan into his brain, however, how about spending a little time instead with TomDispatch regular Rebecca Gordon. Consider just what that strange and, as she puts it, “unregulated” fellow in the Oval Office, who has already felt so free to send the National Guard off in search of his particular demons on that southern border, may do with those same troops in 2019. Who will be his next set of demons, the next caravanning crew to inhabit his disordered brain and our increasingly disordered world? It might even be us.

-Tom Engelhardt, TomDispatch


The Uses of a Well-Regulated Militia by an Unregulated President
Where Will the National Guard Be Sent in 2019?

young friend is seriously considering joining her state’s National Guard. She’s a world-class athlete, but also a working-class woman from a rural background competing in a rich person’s sport. Between seasons, she works for a local farm and auctioneer to put together the money for equipment and travel.

Each season, raising the necessary money to compete is a touch-and-go proposition, so she’s now talking to the National Guard. If, after basic training, she joins the Army’s World Class Athletes Program as a reservist, her service will essentially consist of competing in her sport. She’ll get an annual salary, health care, college tuition -- all to do what she loves and wants to do anyway. What could possibly go wrong?

Well, she could end up fighting in one of this country’s forever wars.

That’s what happened to thousands of National Guard troops and reservists when Washington discovered its all-volunteer forces were woefully inadequate for the project of occupying Iraq after the 2003 invasion. As then-Secretary of Defense Donald Rumsfeld famously explained, Washington went to war with the Army it had, “not the Army you might wish you have.” So the National Guard filled in the gaps, supplying up to 41% of the troops deployed there by 2005. By 2011, more than 300,000 Guards had deployed to Iraq and Afghanistan as well.

Real Soldiers Fighting Real Wars

Members of the National Guard sign on to train one weekend a month and two weeks a year in return for some substantial rewards, including (at the moment) a possible $20,000 signing bonus. But what many of them don’t realize is how likely it is that, somewhere along the line, they’ll be deployed for a lot more than two weeks.

The National Guard isn’t the only force whose members sign up for 12 weekends and two weeks a year. The regular armed forces also maintain reserves, soldiers who want to combine military service with civilian life. Unlike the National Guard, however, they answer only to federal, not to dual (state and federal), authority. Like the Guard, reservists can be deployed for much longer than a weekend. A photograph sent home from Iraq by a reservist classically summed up the situation encountered by both types of part-time soldiers, then and now. It shows a military vehicle with this sign displayed across the windshield: “One Weekend a Month, My Ass!”

In fact, as the Guard explains, its “343,000 Soldiers, 8 division headquarters, 27 brigade combat teams, 55 functional support brigades, 42 multifunctional brigades, 8 combat aviation brigades and 2 Special Forces groups” make it an integral part of the U.S. armed forces. Today, it operates 42% of all military aircraft and supplies 39% of the Army’s operational forces -- essentially the same proportion it provided during the early years of the Iraq War.

For example, although President Obama officially ended Operation Enduring Freedom (the U.S.'s post-9/11 war in Afghanistan) in 2014, the Guard continues to deploy to that very war zone, with 400 Illinois reservists, another 400 from Wisconsin, 100 from Georgia, 50 from Colorado, and 46 from New York sent there as recently as this December and January. And not only are they being deployed to Afghanistan, but they’re still dying there. Among the 60 sent from Utah in November 2018, for instance, was Brent Taylor, the mayor of the town of North Ogden, who was killed during an “insider attack” at a base in Kabul. Given the provisional peace agreement reportedly now being negotiated between the U.S. and the Taliban, there is at least a modest hope that the deployments of such part-time soldiers to America’s longest war may end in some imaginable future.

As TomDispatch regular Nick Turse has observed, it’s difficult to get specifics from the U.S. military about much of anything, whether it’s foreign bases or deployment numbers. But it’s clear that the Guard now goes everywhere the regular Army and Air Force go. Its members have served in U.S. conflicts in Syria, Yemen, and Libya, among other places. They are now deployed in at least 56 countries around the world, from Macedonia and Kosovo to Egypt, not to mention the Mexican border inside the U.S.

The Guard appreciates the special skills its members develop in civilian life, which is how the 50-year-old uncle of one of my students found himself deployed as a doctor in Iraq in 2005. Indeed, the soldiers who so infamously abused detainees at Iraq’s Abu Ghraib prison back in 2004 also had special skills honed in their civilian jobs -- as prison guards. In fact, Specialist Charles Graner, the torturers’ ringleader, wrote home at the time, “The Christian in me says it’s wrong, but the corrections officer in me says, ‘I love to make a grown man piss himself.’”

Protecting the Homeland

But wait! Aren’t the National Guard the troops who rescue us from fires and floods, the ones who are called out when there’s a natural disaster?

Indeed, they are mobilized for just that in times of peril, but responding to national disasters has never been the Guard’s main purpose, although recruitment efforts often emphasize that role. Today’s National Guard represents the evolution of the original state militias, created for military purposes -- fighting enemies from Indian nations on this continent to rebels in the Philippines. The National Guard Bureau’s 2019 “posture statement” identifies “three core missions.” None of these involve supporting elite athletes, but neither is there any mention of the Guard’s well-known role in confronting fires or floods. Its stated core missions are “fighting America’s wars, securing the homeland, and building enduring partnerships.” Those “enduring partnerships” turn out to be arrangements with military forces in the 79 countries (just under a third of the world’s nations) where the National Guard has “strategic state partnerships,” or SSPs.

My friend tells me that the regular Army and Air Force look down on the Guard; they’re not real soldiers in the eyes of the full-time military. Maybe that’s why General Joseph Lengyel, the chief of the National Guard Bureau, whose photo and signature introduce that posture statement, is at pains to represent those forces not as the friendly folks in uniform who pull flooded-out Americans off their roofs, but as a full-on fighting force. In case there’s any doubt, illustrated with drawings and photos of a multicultural array of rifle-toting men and women, it says clearly: “Fighting America’s wars will always be the primary mission of the National Guard.”

But what about that second core mission, “securing the homeland”? Could that be where its natural disaster work comes in? Not according to the posture statement, which puts it this way:

“The homeland is part of the global battle space. In the past, America benefited from its favorable geography with friendly neighbors to the north and south and large oceans to our east and west as natural barriers. Today, we no longer enjoy this safe haven as a result of new technologies and weapons that can reach the heart of America with little or no warning.”

Touting its “dual-use nature and robust presence in 2,600 [U.S.] communities,” the document assures its readers that the Guard is here -- in fact, just about everywhere -- to protect us from the “[p]roliferation of nuclear, biological, and chemical weapons, and high-yield explosive devices” that “has increased the threat of a weapons of mass destruction... attack on the United States.”

In the spirit of being everywhere, it even dispatched 2,200 troops to the U.S.-Mexico border late last year, in response to President Trump’s many election-time warnings about the approach of a caravan of desperate refugees and asylum-seekers from Central America. As far back as April 2018, Defense Secretary Jim Mattis authorized the deployment of up to 4,000 members of the National Guard, to stay there at least through August 2019 -- in addition to the regular Army troops whose initial 45-day deployment has already been extended twice. In fact, at the end of January, President Trump defended the expected deployment this month of yet another 3,500 regular troops “to stop the attempted Invasion of Illegals, through large Caravans, into our Country.”

Working jointly with the U.S. Border Patrol, Guard members are not deployed to police the border directly, but engaged in a variety of activities including stringing concertina wire, reviewing intelligence, and flying helicopter surveillance missions.

Dual Use, Dual Authority?

Who commands the National Guard? That’s a complicated question. Article 1, Section 8 of the Constitution recognized then-existing state militias and gave Congress the power to call them out “to execute the laws of the Union, suppress insurrections and repel invasions.” From the beginning, those militias (which, with the passage of federal legislation in 1903, became the National Guard) were under the dual control of the federal and state governments. Congress was also given the power

“to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress...”

Except when a state Guard has been “federalized” (called up by Congress or the president), each governor serves as the commander-in-chief of his or her state’s units. When they are federalized, however, the president is their commander-in-chief.

The 1878 Posse Comitatus Act forbids the use of Army troops for law enforcement purposes inside the United States (except for suppressing insurrections). Federal legislation in 1956 expanded the Act to cover the Air Force, while Department of Defense regulations also forbid the use of the Navy and Marines (but not the Coast Guard) for domestic policing.

The National Guard, on the other hand, is under no such prohibition and so its troops have often been deployed in response to events inside this country. An illustration of the Guard’s dual (and, in this case, dueling) command structure occurred in 1957, when nine black students attempted to integrate Central High School in Little Rock, Arkansas. Governor Orval Faubus called out the Arkansas Guard to “preserve the peace” by preventing the students from entering the school. In response, President Dwight Eisenhower federalized the same forces and ordered them (along with soldiers from the Army’s 101st Airborne Division) to assist in the integration of Central High. (As the only “insurrection” in Little Rock then was the governor’s rejection of the Supreme Court’s 1954 Brown v. Board of Education decision declaring public school segregation unconstitutional, it’s quite possible that the use of regular Army troops violated the Posse Comitatus Act.)

Eisenhower's successor, John F. Kennedy, sent the Guard to Birmingham to oversee the integration of the University of Alabama and that state’s public schools (over the objections of then-Governor George Wallace). In 1967, both the National Guard and federal troops were sent to Detroit at the request of Mayor Jerome Cavanagh to put down an urban insurrection there.

After the murder of Martin Luther King, Jr., President Johnson again ordered units in to quell riots in Chicago, Baltimore, and my hometown, Washington, D.C. I remember coming down my front steps one evening in April 1968 to be met by a pale, uniformed boy of about 18, who sternly warned me not to walk around in my calm, leafy neighborhood, because of the danger posed by “those people” from downtown. I’m afraid I laughed at him. My mother was dating one of those people and that evening she was helping distribute food in those very downtown neighborhoods, where grocery stores were closed and a pall of smoke hung in the air.

From Protecting the Union to Busting Unions

President Richard Nixon sent the National Guard into New York City in 1970 to try to break a postal workers’ strike. The Guardsmen may have been good soldiers, but they turned out to be less than efficient letter carriers, so the postal union got the raise it was demanding.

That strike was hardly the first time that the National Guard had been sent in to put down labor actions. Sadly, there’s a long history in which it’s acted on behalf of wealthy companies against striking workers. During an 1892 steelworkers' strike in Homestead, Pennsylvania, for instance, the governor brought in the state militia to dislodge strikers occupying a steel plant that belonged to the Carnegie Corporation and help break the strike.

In 1894, the Illinois National Guard had a hand in putting down a national strike by railroad workers organized by the American Railroad Union. In 1914, the National Guard fired machine guns into a tent city of striking miners and their families in Ludlow, Colorado, killing more than 20 people. The mining company belonged to John D. Rockefeller, Jr.

In more recent years, Guard members have been used less as violent strikebreakers than as scabs, replacing striking workers, especially in public-sector jobs. A 1982 study, for example, found that, over the previous decade, various units were called in 45 times to replace city or state employees, prison guards, mental health workers, community transit workers, and -- infamously -- under President Ronald Reagan, air traffic controllers.

In 2011, Wisconsin Governor Scott Walker threatened to bring in the National Guard if public service workers went on strike. The Green Bay Packers football team responded with this statement:

"As a publicly owned team we wouldn't have been able to win the Super Bowl without the support of our fans. It is the same dedication of our public workers every day that makes Wisconsin run. They are the teachers, nurses and child care workers who take care of us and our families. But now in an unprecedented political attack Governor Walker is trying to take away their right to have a voice and bargain at work.

"The right to negotiate wages and benefits is a fundamental underpinning of our middle class. When workers join together it serves as a check on corporate power and helps ALL workers by raising community standards.”

Now that’s solidarity. And lest you think states have given up using the Guard as strikebreakers, as recently as last September, Michigan Governor Rick Snyder threatened to bring them in when a heavy equipment engineers’ strike delayed highway construction.

The National Guard in the Age of Trump

God help us all if Donald Trump figures out that he’s actually the commander-in-chief of a force that, unlike the U.S. military, can legally be deployed for law enforcement purposes inside the United States itself. He remains a flailing, failing president, with the sensibility of an autocrat who, from the beginning of his time in office, has conflated the protection of the country with the protection of Donald J. Trump and his obsessions. While I don’t expect him to call out the National Guard to put down anti-Trump demonstrations any time soon, I didn’t expect him to be elected president either.

He’s already sent the National Guard to the border to protect the country from a manufactured invasion threat. Once he gets the idea that the president can mobilize the Guard and send them anywhere, who knows how an increasingly embattled president might decide to use them?

My young friend was initially afraid to tell me that she was considering joining the National Guard. She knows what her “auntie” thinks about U.S. military interventions across the Greater Middle East and parts of Africa, not to mention the accompanying militarization of our world and culture here in the United States.

She doesn’t, in fact, disagree with me about such matters, but she hopes that she can use the military without being completely used by it. I’ve told her I support whatever her decision may be. She needs the money for herself and her family -- and she’s done her research. She’s talked to more than 20 people who have joined the National Guard’s World Class Athlete Program. She knows that her state Guard is not among those that have established strategic state partnerships with repressive governments in places like Honduras, Azerbaijan, or the Philippines. But she also knows, as she said to me, that “it’s the military. They can do what they want with you.”

I just hope that I never have to face her, or someone like her, across a barricade.

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Rebecca Gordon, a TomDispatch regular, teaches at the University of San Francisco. She is the author of American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes. Her previous books include Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States and Letters from Nicaragua.

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.

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In the 'Year of the Woman,' Many Were Missing From International Reporting Print
Monday, 11 February 2019 14:57

Deutch writes: "Journalism around the world remains dominated by male reporters and their male sources. But that's starting to change."

Protesters attend the Women's March in Paris in 2017. (photo: Getty Images)
Protesters attend the Women's March in Paris in 2017. (photo: Getty Images)


In the 'Year of the Woman,' Many Were Missing From International Reporting

By Gabby Deutch, The Atlantic

11 February 19


Journalism around the world remains dominated by male reporters and their male sources. But that’s starting to change.

nless you avoided the internet entirely last year, you probably saw almost major publication declare 2018 “the year of the woman.”

In the United States, Christine Blasey Ford accused the then–Supreme Court nominee Brett Kavanaugh of sexual assault. Two months later, a record number of women were elected to Congress. The #MeToo movement gained steam and sexual-misconduct bombshells rocked nearly every industry, across the globe. People seemed to finally be paying attention to women’s voices.

Those voices weren’t, however, often included in reported stories. Journalism remains dominated by male reporters and their male sources. A study published recently by the Women’s Media Center found that in 2017, 63 percent of bylines and TV credits were those of men. The imbalance is even more pronounced when it comes to international reporting, with men producing two-thirds of the stories in that field. Globally, only 24 percent of news subjects (including people who are interviewed and those whom a story is about) are women, according to a 2015 study. (The Atlantic’s Global section fared only marginally better in 2018, with women constituting 27 percent of those quoted. Forty-one percent of people who wrote for the Global section were women.)

The people quoted in major news stories play a crucial role in informing the public, influencing policy makers, and establishing an understanding of what’s happening in the world.

Foreign policy, international politics, national security: All of these are notoriously male-dominated fields. So when journalists are on deadline and need a noted expert to comment on a story, finding an already prominent man to do so is easy and fast.

It’s a “chicken or the egg” problem, said Elmira Bayrasli, the founder of Foreign Policy Interrupted, an organization that aims to elevate the voices of female foreign-policy scholars. She explained: “If women are not recognized … as experts, how can we call upon them to be sources?” Deciding not to quote a woman simply because she is not yet well known keeps her from gaining the exposure that might make her a recognized expert. “Then we get into again relying on the Rolodex that you have, which is full of white men,” Bayrasli said.

Many women—and men—who work in foreign policy and national security have stepped up to help. Tamara Cofman Wittes, who served in President Barack Obama’s State Department and who is now a senior fellow at the Brookings Institution, a think tank in Washington, D.C., said including people from diverse backgrounds with a range of opinions helps broaden the public conversation. Wittes cautioned that quoting the same people over and over leads to “a very sterile conversation” among a “narrow little group of people.” She regularly and publicly urges her male colleagues to help bring more people into that conversation by pledging not to speak on “manels” (all-male panels). An app from a group called GenderAvenger allows people to record gender imbalances they see among conference and event speakers to “help ensure that women are always part of the public dialog.”

Journalists are also taking notice of the gender imbalance in their own reporting. In 2013, my colleague Adrienne LaFrance, now the editor of The Atlantic’s website, analyzed gender bias in her reporting from the previous year. When she analyzed her work again three years later, she found that she mentioned even fewer women in her stories, despite having set out to do better. Other reporters followed her lead. The New York Times columnist David Leonhardt declared in a headline last May: “I’m Not Quoting Enough Women.” He created several public Twitter lists that contain only female experts on topics including economics, Russia, and national security. Ben Bartenstein, a Bloomberg reporter, wrote a Twitter thread in December noting that half of his sources in 2018 were women and explaining how he got there from an abysmal 13 percent the year before. Earlier last year, senior editors at Bloomberg committed to quoting more diverse sources.

Several people I interviewed told me that the outcome of the 2016 election and the advent of the #MeToo movement have been galvanizing forces for journalists’ attention to the problem. Samara Klar, a political scientist at the University of Arizona, said she grew so frustrated with the deluge of male political experts being asked to comment on the 2016 election that she created a website called Women Also Know Stuff. The site now has 1,900 scholars listed in a database to help journalists and event planners find female political scientists to speak with and bring on television and radio.

“It seemed, talking anecdotally, that women were called when Hillary [Clinton] was the victim of sexism,” Klar said. She wants women to be asked to comment on stories related to their academic work, not their gender. Her project has sparked offshoots in more than a dozen other fields, including chemistry and philosophy, and it has led to similar networks for researchers of color and LGBTQ scholars.

Most work being done to tackle this problem has come from individuals reflecting on their own work, but some institutions are taking notice. The Financial Times has several initiatives intended to counter gender disparities. In November, it announced its “She said He said” bot, which analyzes pronouns and first names to tell writers how many of their sources are men and how many are women. Another program, JanetBot, alerts editors about how many women and men appear in images on the FT’s home page. Last year, the FT tasked Brooke Masters, its new opinion editor, with diversifying the newspaper’s columnists. All of this, notably, stems from a desire “to attract more women readers,” the FT said in a press release, adding that it has found a “positive correlation between stories including quotes of women and higher rates of engagement with female readers.”

The BBC, too, has publicly committed itself to including more women’s voices. Its 50:50 program aims to make half of all “expert voices” quoted on air and online be women by April 2019. Two years after one team started the project as a grassroots initiative in 2017, it’s been adopted by 400 teams at the British broadcaster.

Public awareness around gender imbalances of all kinds has increased in recent years. And when more people recognize gender bias as a problem, solving that problem becomes a more urgent goal. “It’s just less socially acceptable for journalists to write an article that only quotes men,” Klar told me. Prominent male journalists email her often to tell her how much they use the Women Also Know Stuff lists of female experts.

But the women and men who want to amplify female voices in the media have a peculiar advantage: the understanding that people, particularly well-known public figures such as professors or journalists, simply don’t want to be publicly shamed. “There’s a lot of men out there,” Klar explained, “who don’t want to be perceived as sexist.”

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