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RSN: Newly Declassified Documents Shed Light on Gina Haspel's Involvement at Guantanamo Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36478"><span class="small">John Kiriakou, Reader Supported News</span></a>   
Tuesday, 08 January 2019 13:56

Kiriakou writes: "Last week, the Central Intelligence Agency declassified what at first glance appears to be an innocuous transcript of a request for discovery and witnesses made by Guantanamo defense attorneys during a hearing in the 'trial' of 9/11 suspect Khalid Shaikh Muhammad."

Gina Haspel. (photo: Alex Wong/Getty Images)
Gina Haspel. (photo: Alex Wong/Getty Images)


Newly Declassified Documents Shed Light on Gina Haspel's Involvement at Guantanamo

By John Kiriakou, Reader Supported News

08 January 19

 

ast week, the Central Intelligence Agency declassified what at first glance appears to be an innocuous transcript of a request for discovery and witnesses made by Guantánamo defense attorneys during a hearing in the “trial” of 9/11 suspect Khalid Shaikh Muhammad. In the transcript, the attorney complains to the judge that the defense team has not been able to interview the witnesses they want and need, and that they are not receiving the discovery necessary to mount an adequate defense. I say the transcript is innocuous because, while much of it is redacted, including entire pages, what is left is generally pro-forma back-and-forth between the judge and the attorneys. I learned nothing — until, that is, I got to the bottom of page 22,088. That’s right, page 22,088.

On that page, one of the defense attorneys is arguing that CIA Director Gina Haspel changed classification guidance for the identification of CIA officers and others who had served at Guantánamo once she became director in order to protect the identities of any CIA officers who served there. The attorney told the judge, “So what incentive would she have to change the classification guidance? By doing so, it makes it impossible to find out more about her involvement. It makes it impossible to find out other people who saw her there. It makes it impossible for people at Guantánamo, who may have seen her when she was here as chief of base [emphasis added], to identify her and talk about it. Because the classification guidance means that we can’t go talk to those people.”

If true, this is blockbuster information. It has never before been public. That torture took place at Guantánamo is not in dispute. We know it thanks to the courageous whistleblowing of former Navy Department General Counsel Alberto Mora. And it’s all entirely plausible.

Don’t forget that Haspel was in charge of a secret site where al-Qaeda prisoners were tortured mercilessly. There were credible reports that she personally supervised the torture of USS Cole bombing mastermind Abd al-Rahim al-Nashiri. During her Senate confirmation hearings, Haspel refused to say that the torture program was a mistake. She also refused to say whether she had personally participated in the torture.

Don’t forget that Haspel destroyed videotaped evidence of the torture of Abu Zubaydah. Abu Zubaydah was the first al-Qaeda prisoner to be tortured. CIA officers waterboarded him, deprived him of sleep, beat him, kept him in a coffin-sized box for weeks at a time (throwing insects in with him because he had an irrational fear of them), kept him in a dog cage for weeks at a time, and twice tortured him so severely that his heart stopped beating and he had to be revived. All of this was filmed. But Gina Haspel put those tapes in an industrial grinder, despite the fact that the Justice Department and the White House Counsel had specifically ordered her to preserve them. Again, she showed no contrition in her Senate confirmation hearings.

According to the recently-declassified court transcript, the defense attorney complained to the judge that what the CIA “is not willing to talk about is the names of the people involved in the torture.” She then specifically named Haspel. The CIA and Defense Department agreed to the declassification. Would they have declassified the information knowing it was false? Probably. Would they have declassified it knowing it was true? That’s impossible to say. But most of Haspel’s CIA career is still shrouded in mystery. Her official CIA biography notes that she has served overseas for most of her 30-plus years at the Agency and that she likes movies and ice hockey. Any specifics about her career have come from dogged journalists.

This new revelation raises an entire host of questions. When was Haspel at Guantánamo? Did she oversee the torture of prisoners there? Did she have personal contact with prisoners, including Khalid Shaikh Muhammad? Was there also video evidence of prisoners being tortured at Guantánamo? If so, did she destroy that, too? Did she disclose her time at Guantánamo to the Senate Intelligence Committee prior to her nomination hearing? Why was the information classified in the first place? Why was it declassified now? Was it an accident?

The CIA, of course, has no comment on the document. One former CIA officer with whom I spoke simply said, “I can’t believe they would declassify that. Maybe it’s not true.” I have no idea if Gina Haspel served as the CIA base chief at Guantánamo. The attorney may have misspoken or may have been misinformed. Either way, the CIA owes the American people an explanation. It owes the Senate Intelligence Committee answers to the above questions.

I have long maintained that Gina Haspel has no business running the CIA because of her deep involvement in the torture program. She has no business running the CIA because of her direct involvement in the destruction of evidence of the torture. This revelation only strengthens the argument that Haspel’s appointment as CIA Director was a mistake in the first place. That mistake can be corrected by sending her into a quick retirement.

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John Kiriakou is a former CIA counterterrorism officer and a former senior investigator with the Senate Foreign Relations Committee. John became the sixth whistleblower indicted by the Obama administration under the Espionage Act – a law designed to punish spies. He served 23 months in prison as a result of his attempts to oppose the Bush administration's torture program.

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

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Joan Baez: On Art, Activism, and Letting Things Go Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49913"><span class="small">T. Cole Rachel, The Creative Independent</span></a>   
Tuesday, 08 January 2019 13:56

Rachel writes: "Musician and activist Joan Baez reflects on retirement, switching gears creatively, and why giving people options is more important than telling them what to do."

Joan Baez. (photo: Ty Hyten)
Joan Baez. (photo: Ty Hyten)


Joan Baez: On Art, Activism, and Letting Things Go

By T. Cole Rachel, The Creative Independent

08 January 19


From a conversation with T. Cole Rachel

ou are in the midst of what is being described as your last tour. For someone who’s been touring and playing live for the past 60 years, what has this experience felt like?

A whole lot of different ways. The tour has continued because I wanted to visit places that I hadn’t factored in to begin with. But I believe that this summer, after some festivals in Europe, that will be it. I don’t know what it will feel like for this part of my life to finish, but I know that I can’t go on forever because the voice needs so much attention and I don’t think I’m willing to put that kind of work into it anymore. Plus, this time when I came home on a break from touring I thought, “Oh, my god. My lovely home.” People retire for a reason.

I also thought, “Oh, I get to spend time here, be calm here, and paint.” And so it may be that I have to kiss the whole thing off, period. Because my voice is at a stage where it takes a lot of work to keep it going. I’m really happy touring. I love my tour family. I love being on the bus, and all of that. That’s what I’ll miss.

So much of our identity is wrapped up in the things that we make, or the thing that we do. For a lot of artists, the idea of not doing that anymore, or not being able to do that in the same way anymore, would be very upsetting. It would be hard to be zen about that.

It’s hard to be really zen about anything. I do hang around a lot of Buddhists though, and that helps. I mean, it helps with looking towards getting older, and then getting old, and eventually dying. You’re gonna need some help thinking about that. And the sooner, the better. I try to surround myself with meditation, meditative people, and people who have dealt with death and dying. That helps you get out of the rock n’ roll head, and out of thinking about the money, and the touring—all of those things that you can’t build your identity around.

Now I would say I’m really excited about my painting. I got into the semifinals of a competition for the National Portrait Gallery in Washington. There are 100 of us out of 2,600 who made the semifinals. I’m as excited about that as I’ve ever been about anything to do with music. I’m lucky. I have something else to look forward to and to do with my life. I’m still able to create and share things. Just because one thing ends it doesn’t mean you have to stop being creative and expressive.

For someone who has balanced art and activism throughout your career, what do you think about artists who, because of the current political climate, suddenly feel this urge to get political in their work?

Maybe that would be Trump’s gift to us—that people for the first times in their lives have been jolted into thinking, “Oh, my god. I’ve got to do something,” because they see the imminent demise of democracy. Suddenly there is that feeling of, “Oh, my god. What can I paint? What can I sing? What can I write?” It’s wonderful that there’s a reaction like that, because the other reaction is to just pretend it isn’t happening.

Yeah. And maybe the answer is to strike a balance. Making political art is great, but being politically active out in the world during those times when you’re not making art is also great.

I think it’s important. And I think that’s the harder part. I think political art needs to be followed up by real action. Putting the body where the paintbrush is, so to speak. But that’s harder to ask of people. All I would say is that for me, that work has provided the richness in my life. I mean, I was just lucky to be born with the gift of the voice and also with a gift of wanting to do something with it. I would only say to people that’s where my greatest gratification comes—the trying to do something meaningful with it. It makes life extraordinarily rich.

You have participated in all manner of activism over the past 50 years. How do you engage in this way, and still protect some part of yourself? How do you not burn out?

Well, I’ve never really burnt out on anything. I think that “doing something,” or being involved gives us the impression—false or otherwise—that we’re useful. And so I don’t think that’s tiring. I think people who burn out, who have a right to burn out, are people who work with death and dying. Or with refugees, where day after day after day, you’re seeing so much misery. I’ve never been in that position, but I’ve certainly seen misery. But I always know that I have somewhere to go. I can go home, and I can take a bath. Or go back to the hotel or whatever. I’ve always been very aware that I’m privileged.

Your most recent record, Whistle Down the Wind, is nominated for a Grammy. On it, you celebrate all sorts of other songwriters. You’ve been making records for a long time now, but do you find that your process—or the way you think about singing or writing or recording—has changed or evolved much over the years?

Well, first of all, I haven’t written a song in over a quarter of a century. It just stopped. It stopped. And there wasn’t anything to do about it, unless I tried to go to songwriting school or something and try to learn how to write. When it stopped, I didn’t try to pursue it. It felt ok to let that go. I’ve depended on other people’s music ever since—and a lot before that, actually. So that hasn’t changed much for me.

Now it’s really about the process of how you find the right songs to put together and make into a rainbow. It’s a whole process. And I would say in the beginning of it, I’m really lazy. I left it to my manager and a couple of assistants to collect songs and then send them to me. Then I would choose from what they sent. I look for songs, too, things I can sing.

How do you feel about the state of contemporary music? Do you still believe in music as an agent for change?

It’s just very different. The singers and songwriters that are showing up right now, and having big success right now are a certain brand. It isn’t my brand. It’s not something I listen to and appreciate. I think probably within my brand there are those who are writing stuff that may not be being heard right now. I mean, this is not exactly the era of giving a platform to young songwriters who have something to say. However, if they begin to be heard it could be similar to in the ’60s when we were a counterculture.

We were sort of an interesting under-the-radar group of crazy people. And then all of a sudden it became the culture. And we became a serious part of the culture around civil rights, and Vietnam, and then just part of the culture, period. So who knows when that could happen in the face of what we’re facing now. I mean, we need some truths to battle the post-truth era, which is what we’re living in.

When things feel so politically and environmentally tumultuous, it can be hard to remember why art is important. The realities of the world can make being an artist feel very ephemeral and often not so important.

You can always kid yourself, and just say your work is important. Whether it is or not, it has to be to you. It has to be real to you. There’s something sort of cosmic about that. If that’s real to you, then in some way it’s out there as a little piece of reality in the face of all of this terrible stuff we’re in. And if you stay true to yourself, and true to your art, it’s got to mean something.

But the truth is, it may not mean enough. I mean, global warming is probably gonna wipe us off of the face of the Earth in the next 20 years anyway, so it’s not gonna matter who’s president. I’m serious about that. And if I think about it, I lament for my granddaughter. I worry she won’t have a chance at a real, normal life. My dictum is little victories, and big defeats. Every little victory becomes even more important in the face of what we’re facing.

That can feel like a grim acknowledgement sometimes, but it can also be this thing that makes you want to stop and appreciate what’s beautiful while you still can.

Yes, you’re right. I mean, it’s both. I also think part of the prescription is to spend a lot of time in denial, because otherwise you just shoot yourself. You know? And then whatever time you’re not in denial, figure out what you’re gonna do with your life that makes some meaning for yourself, and for others. I have a list a mile long of things that people could get involved in. What happens is people will ask, “Well, what can I possibly do?” It’s not my job to tell people what to do, but I can show them this list and hope they’ll say, “Aha!” Then maybe they’ll find somewhere that they feel comfortable doing something outside of their safety circle.

That seems like a role that you’ve played for a long time—being a person who could say, “Oh, here’s something you could do.”

Yes, I can say, “How about this?” Rather than say, “I suggest this for you.” It really is about presenting possibilities, because something will call from the heart. I just want to encourage people to follow that instinct when it comes. I have this thing that I would read at concerts, a statement, about ways people could get involved. I recently wrote a revised version of it for California because when I landed in Oakland recently, it was right in the middle of the fires and the smoke. I called it the Fire Brigade. Like, guess what? Now we are the fire brigade. We are the ones who need to take care of each other, be our brothers’ and sisters’ keeper. We are the ones who have to take the risk. It’s not enough just to be an artist and it’s not enough just to tell people they need to get involved and take action. If you’re able, it’s good to give people options, to help point them in a good direction.

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1.4 Million Felons Get Their Voting Rights Back in Florida Today, Whether Republicans Like It or Not Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=39027"><span class="small">Alice Speri, The Intercept</span></a>   
Tuesday, 08 January 2019 13:56

Speri writes: "More than 1 million Florida residents will become eligible to vote on Tuesday as the newly amended state constitution restores voting rights to most of its previously disenfranchised felons."

Supporters of Amendment 4 talk to voters at Charles Hadley Park in Miami before the November 6 election. (photo: Wilfredo Lee/AP)
Supporters of Amendment 4 talk to voters at Charles Hadley Park in Miami before the November 6 election. (photo: Wilfredo Lee/AP)


1.4 Million Felons Get Their Voting Rights Back in Florida Today, Whether Republicans Like It or Not

By Alice Speri, The Intercept

08 January 19

 

ore than 1 million Florida residents will become eligible to vote on Tuesday as the newly amended state constitution restores voting rights to most of its previously disenfranchised felons. That’s the largest number of people to gain access to the ballot all at once since American women won the right to vote in 1920.

Last November, Florida residents voted in favor of an amendment to the state constitution, known as Amendment 4, that restores voting rights to roughly 1.4 million felons in the state who have completed their sentences. (Individuals convicted of murder or sex offenses were excluded from the amendment.) But while the measure was approved by nearly 65 percent of the state’s voters, some Republicans — including Gov.-elect Ron DeSantis — have sought to sow confusion about its immediate validity.

DeSantis, who opposed the amendment during the campaign, indicated that its implementation would be delayed until lawmakers can write it into law during the next legislative session. “They’re going to be able to do that in March,” he told the Palm Beach Post. Some local elections in Florida are scheduled for as early as February, before the next legislature meets.

DeSantis’s comments followed slow-walking on the amendment by other state officials, like Ken Detzner, the Republican secretary of state, who indicated in December that he believed the ballot language was unclear and would require state legislators’ review. “We need to get some direction from them as far as implementation and definitions — all the kind of things that the supervisors were asking,” Detzner said then. “It would be inappropriate for us to charge off without direction from them.”

Lack of direction from the state department — and from exiting Gov. Rick Scott — also led to confusion among election officials across the state, with the Division of Elections director saying that “the state is putting a pause button on our felon identification files . … We need this time to research it, to be sure we are providing the appropriate guidance.”

Asked for clarification, the Florida Department of State sent a somewhat equivocal statement to The Intercept, noting both that the amendment is now officially law and that the department would follow the legislature’s directive — a seeming contradiction. “Unless otherwise specifically provided for elsewhere in this constitution, if the proposed amendment or revision is approved by vote of at least sixty percent of the electors voting on the measure, it shall be effective as an amendment to or revision of the constitution of the state on the first Tuesday after the first Monday in January following the election,” a spokesperson for the department wrote, citing the state constitution. But then she added, “The Florida Department of State will abide by any future direction from the Executive Clemency Board or the Florida Legislature regarding necessary action or implementing legislation to ensure full compliance with the law.”

That ambiguity, critics say, is deliberate and unnecessary. The amendment’s language makes clear that the change is self-executing, meaning that it became part of the state constitution the moment it won voters’ support and that it must be implemented without delay or legislators’ input. The amendment’s language was cleared by the state Supreme Court before the vote, and supporters collected more than a million signatures to get it on the ballot.

“It was designed so that there would be no requirement for involvement by any legislators, politicians, the governor, or anyone,” said Melba Pearson, deputy director of the American Civil Liberties Union of Florida, one of the groups that drafted the amendment. “There is no role for the governor or any legislator in this amendment. Their only role is to make sure that the constitution is upheld and that the will of the voters is respected.”

A Deliberate Mess

Republicans’ belated questions about the amendment’s clarity and immediate validity were met with a barrage of criticism and stinging rebukes from many of the state’s editorial boards. “About the only thing worse than making a mess is making a mess unnecessarily,” a columnist for the Palm Beach Post wrote. “But here we are anyway, because Secretary of State Ken Detzner — who reports to Scott and whose department oversees statewide elections — won’t do his job.”

Andrew Gillum, who lost to DeSantis in November by a narrow 33,000 votes, also slammed officials who are creating unnecessary obstacles to the amendment’s implementation. “The people spoke & voted for #Amendment4 with an overwhelming majority,” he tweeted in December. “Those who fight the will of the voters are fighting democracy itself.”

The backlash only intensified after DeSantis’s comments added fuel to the confusion — an unsubtle effort at intimidating newly eligible voters, critics said.

“The reality is even though he does not agree with the amendment, it is his duty as the governor, the incoming governor of the state, to uphold the will of the people. Period, end of story,” said Melba. “Amendment 4 is now law in the state of Florida, so he needs to uphold it as is. Politicians or elected officials don’t get to pick and choose in that manner.”

Melba called on all new eligible voters to register on Tuesday and invited anyone experiencing issues to report them on the ACLU’s website. She said she hoped that no obstruction would arise to warrant litigation, but that the group was “prepared for the worst. … No options are off the table.”

Groups of formerly incarcerated “returning citizens” who drove the effort to pass the measure will be out on the streets once again this week, this time to register new voters, and several groups would run voter education campaigns, Melba added. “All people need to do on January 8 is register to vote, either online or at their local Supervisor of Elections office in their county,” she said. “There’s nothing confusing about it.”

A spokesperson for DeSantis, who is also to be sworn in on Tuesday, did not respond to a request for comment, but his office told other publications that “the Governor-elect intends for the will of the voters to be implemented but will look to the Legislature to clarify the various questions that have been raised.”

Before the amendment passed, Florida was the largest of three states that disenfranchised felons for life. As The Intercept reported in November, 1.68 million residents of the state were ineligible to vote because of a felony conviction: 10 percent of the state’s adult population and 1 in 5 African-Americans. Across the country, more than 6 million people can’t vote because of felony convictions, though most states restore voting rights at some point between release and the end of probation.

In Florida, a regular swing state where it’s not unusual for elections like DeSantis’s to be decided by extremely narrow margins, many believe that re-enfranchising felons has the potential to significantly tip the state’s political scales. But those who led the yearslong effort to pass Amendment 4, and particularly a diverse coalition of individuals with felony convictions, rejected the politicization of their effort and noted that the issue impacted people across the state and the political spectrum.

“We are not pawns for any partisan gamesmanship, we’re not pawns for any partisan bickering,” Desmond Meade, president of the Florida Rights Restoration Coalition, told The Intercept. “We are human beings, we are people over politics. And we are citizens of the state and of this country that want to be able to participate in the democratic process without being set up like we’re just a token for a political party.”

Meade, one of the earliest leaders of the voter re-enfranchisement movement in the state, said he would finally register to vote on Tuesday.

“And when I go to register, I’ll be doing so under the authority of the highest law in the state of Florida, and this law is over any legislature, it’s over any political or public servant,” he added. “We’re going forward fully expecting that every public servant that serves the systems of Florida is going to number one, respect the rule of the law, and number two, respect the wishes of its citizens.”

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FOCUS: It Might Be Time to Start Fireproofing the Reichstag Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Tuesday, 08 January 2019 13:04

Pierce writes: "It's time for everyone to start getting used to the fact that, unless some massive legal apocalypse intervenes, the president* is going to get at least one more nominee for the United States Supreme Court and that, barring a sudden desire to keep the republic from turning entirely to guacamole, the Senate is going to rubber-stamp Justice Wingnut McWingnutty onto the Court for the next 40 years."

The U.S.-Mexico border. (photo: AP)
The U.S.-Mexico border. (photo: AP)


It Might Be Time to Start Fireproofing the Reichstag

By Charles Pierce, Esquire

08 January 19


Ruth Bader Ginsburg's absence signals our last line of defense is in peril.

t's time for everyone to start getting used to the fact that, unless some massive legal apocalypse intervenes, the president* is going to get at least one more nominee for the United States Supreme Court and that, barring a sudden desire to keep the republic from turning entirely to guacamole, the Senate is going to rubber-stamp Justice Wingnut McWingnutty onto the Court for the next 40 years. That's not the bleakest speculation. The bleakest speculation is that he gets more than one.

Happy Monday!

The most recent speculation was prompted by the fact that Justice Ruth Bader Ginsburg missed oral arguments on Monday for the first time since she's been on the Court. From CNN:

Ginsburg's absence came midway through the term as the justices will consider petitions concerning some of President Donald Trump's most controversial policies, including the phase-out of the Deferred Action for Childhood Arrivals program and his ban on most transgender individuals from serving in the military. Ginsburg was released from the hospital about two weeks ago, according to the court, following the surgery earlier last month. The court said there was no evidence of any remaining disease following the surgery. The nodules themselves were discovered incidentally following tests after a fall she sustained in November. The key liberal justice returned to the court shortly after the fall that fractured three of her ribs last November.

Unmentioned in the CNN story is the fact that the administration* is giving off unmistakable signs that it might be wise to start fireproofing the Reichstag. From USA Today:

"We can call a national emergency and build it very quickly," President Donald Trump said Friday. "But if we can do it through a negotiated process, we are giving that a shot." The president repeated that assertion Sunday and acting White House Chief of Staff Mick Mulvaney said on CNN's "State of the Union" that Trump had directed "every single Cabinet secretary and the Office of Management and Budget to go out and find money that can be used legally to guard the southern border." "Presidents have authority to defend the nation," Mulvaney said, adding that he was personally involved in the hunt to find funds that could be steered toward a border wall.

Now, he has announced that he will give a Big Boy speech on TV Tuesday night, which will be followed by his taking his unending road show to the border on Thursday because that's just what the border needs. He can go there because there is no emergency. There is no emergency just because the president* will say there is. (I think the networks who will cover this dog-and-lizard show are obligated to give the Democrats time for rebuttal.) In any event, if he tries this foolishness, it's invariably going to end up in the courts, which are the last line of defense, and they're thinning precipitously.

There is a huge constitutional crisis brewing over an endless series of lies from the executive branch. And there are dozens of embryonic Kavanaughs waiting in the wings.

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FOCUS: The Networks Blew the Call on Trump's Planned Speech Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=8737"><span class="small">James Fallows, The Atlantic</span></a>   
Tuesday, 08 January 2019 11:48

Fallows writes: "When plans for the [President's] speech were announced on Monday evening, I opined on Twitter that it would be better for the major broadcasts not to carry the speech."

The media and photographers in the Oval Office. (photo: Getty Images)
The media and photographers in the Oval Office. (photo: Getty Images)


The Networks Blew the Call on Trump's Planned Speech

By James Fallows, The Atlantic

08 January 19


Once again, broadcasters prove hapless in the face of Trump’s three familiar tools.

n Tuesday night, Donald Trump is planning to give an address on immigration, the southern border, and the government shutdown that has arisen from his insistence that any budget measure must include money for “the wall.”

When plans for the speech were announced on Monday evening, I opined on Twitter that it would be better for the major broadcasts not to carry the speech. There would have been crystal-clear precedent for their turning him down: In 2014, when Barack Obama gave a speech on his immigration-policy plans, neither CBS nor NBC nor ABC aired it live, on the argument that circumstances made the message “too political.” A closer parallel would be hard to find.

There was also a clearly unprecedented reason not to carry the speech: namely, that nearly everything Trump says on this topic is intentionally inflammatory and either carelessly or deliberately untrue. Politics always involves spin and selective emphasis, but the networks would know for sure ahead of time that they were using their resources to advance untruths.

But the networks said yes, they’ll presumably air the speech, and the question now is what else they can do to cope with the reality of an office holder who doesn’t care that he lies.

Below I make the case that the networks and other news organizations must themselves break precedent, to keep up with what Trump is trying to do. Knowing that Trump is going to attack the truth this evening, they must take active measures to defend it. They have this day to prepare. A commitment to real-time, onscreen fact-checking is at this point the most feasible goal for a speech mere hours away. In the longer run, all major media need to think about how to deal with the endless skein of choices like this they’ll face in the next two years.

***

It’s been nearly four years since Trump came onto the national-candidate scene. In that time, the “normal” media outlets have shown their near-helplessness against three of Trump’s most important weapons and tools.

One is the total impossibility of reestablishing the dividing line between news and entertainment. Back during Bill Clinton’s first term, I argued in Breaking the News that outlets had to be careful to remember that news and entertainment were not the same thing. Parents know that protein and vegetables are different from Mountain Dew and Spam. People filing suit or going on trial know that there’s a difference between a TV-style Judge Judy and a real, working magistrate. Schools are designed to be different from comedy clubs. And so, I argued, people in charge of the news had to remember to make their information as interesting as news could possibly be, rather than the most objectively interesting spectacle ever. In a contest for attention between entertainment and anything else, entertainment will always win. That’s what it’s for.

The challenge for the news media was to “make the important interesting,” rather than to search for the purely interesting. Car-crash footage or the last seconds of a sudden-death playoff game will always be more eye-catching than reports on a drought, or sexual-harassment patterns, or emergency-room standards, or a million other topics. But things that are merely interesting will never lack for coverage. The definition of news is that it attempts to explain things that matter, things that a democratic society needs to know about in order to make sane decisions.

Trump has been the most entertaining figure on the public stage since he came down the golden escalator in 2015. TV news, in particular, has therefore not been able to resist showing him (and his rallies) or talking about him. It’s the civic equivalent of seeing that 9-year-olds are guzzling down Mountain Dew and asking for more Spam. Trump’s going live? Let’s switch to the White House! This needs to change.

***

The second, long discussed, is the difference between Trump and all previous figures when it comes to public lies. From Richard Nixon and long before to Bill Clinton and long after, normal public figures have told normal lies. That is, they have lied when they had to; they have lied when it was useful; they have lied when they thought they wouldn’t get caught.

Trump just lies. He doesn’t know, or he doesn’t care, about the difference between claims that are true and those that are obviously made up. (Daniel Dale, of the Toronto Star, has indefatigably cataloged Trump’s lies, at a rate of more than 100 a week.) Maybe 4,000 “terrorists” have been apprehended at the southern border? Maybe zero? Who can ever really know? Over the past week, Trump has claimed that former presidents “privately” told him they supported building his wall. All four living ex-presidents have taken the unusual step of denying that they said any such thing.

It is very hard for the press to fact-check or otherwise cope with a figure of this sort. In exposing his lies, they rely on the fact that he cares about being caught—much as religious or ethical leaders rely on the power of the guilty conscience.

Trump doesn’t care. He can’t be shamed. The press (except for Dale) tires of detailing his lies before Trump tires of telling them.

***

The third is the press’ whipped-dog cringe in anticipation of criticism about any bias toward the left. The simplest illustration, again, is the contrast between their handling of Obama’s recent request in 2014 and this one by Trump. After the Obama decision, news executives lost not a moment of sleep out of concern about attacks from liberal groups for “right-wing bias.” They thought about it as a news decision, and presented it that way. But the certainty of an “enemy of the people!” onslaught by Trump, Fox News, and their allies indisputably weighed on the executives’ minds yesterday.

The network executives’ position has a lot in common with that of the Senate Republicans. Each group knows with perfect clarity what Trump is actually doing. The Senate Republicans know that Trump is using the wall as a distraction and life raft. They know that because they unanimously approved, by voice vote, a plan to keep the government open, with no mention of the wall, before Trump panicked in the face of criticism from Ann Coulter and Fox News. They could pass that resolution again tomorrow—but they won’t speak up in public, so fearful do they remain of being criticized, too. For their part, the network executives know exactly what Trump will do if given air time. (Though they also realize that the formal Oval Office speech is Trump’s weakest venue. He’s not good at reading prepared texts, with his trademark ad-libs of “That’s so true” when he encounters lines he has clearly not seen before.) But they are giving it to him.

They were not afraid of criticism for turning down Obama. They are afraid about what would happen if they turned down Trump. You can think of lots of explanations. But the difference is clear.

An instructive parallel: During the 2016 campaign, James Comey’s FBI was closemouthed about the ongoing investigations of Trump and his Russian connections. To have said anything about them would have opened the bureau to criticism of playing politics. But when it came to discussing Hillary Clinton’s email situation, obviously the calculus of potential criticism was different. Again, you can think of explanations. My point for now is what military planners call the “asymmetric risk,” which warped the FBI’s behavior and that of much of the press.

***

These are real problems that can’t be solved easily but that at least should be recognized as this election cycle begins. In The Washington Post, the former New York Times public editor Margaret Sullivan lays out a useful set of guidelines for avoiding the most obvious perils. Similarly: Jay Rosen of Press Think, Greg Sargent of The Washington Post, Dan Gillmor of Arizona State University, and many others. But Trump’s speech offers an immediate test case.

A “second best” option would be to carry an opposing speech, as networks routinely do after the State of the Union address. That is better than nothing because some other figure—a governor, a senator, whoever else—can directly call out Trump’s misstatements. But it is second best because it will inevitably cast what should be a contrast between reality and dark fantasy instead as a familiar Democrat-versus-Republican, “reasonable people can disagree” partisan dispute.

The better choice would be fearless real-time fact-checking, presenting in sync with Trump’s misstatements the best ascertainable facts. You want a substantive example of how this can be done? Watch once more Chris Wallace’s handling of Sarah Huckabee Sanders this past weekend on Fox News. (He knew what falsehood she had been circulating, he read up on it, and he was prepared to say, “But in fact …”) In format, the fact-check approach during a speech would have to be different. But this is what split screens are for. The bottom panel of the screen, where “the scroll” is usually found, or a right-hand column, like the one ESPN uses on many shows, could be the fact-based Greek chorus. (If you prefer, the model could be Mystery Science Theater 3000.)

Either of these approaches would reflect some awareness that dealing with Trump is not like dealing with other public figures. We’ll see how much the press has learned on this front, starting tonight.

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