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FOCUS | Still Waiting: A Harvey Weinstein Moment for America's Wars? Print
Monday, 11 December 2017 13:08

Bacevich writes: "It took a succession of high-profile scandals before Americans truly woke up to the plague of sexual harassment and assault. How long will it take before the public concludes that they have had enough of wars that don't work?"

George W. Bush and Dick Cheney inside the presidential limousine in February 2008. (photo: The U.S. National Archives/Flickr)
George W. Bush and Dick Cheney inside the presidential limousine in February 2008. (photo: The U.S. National Archives/Flickr)


Still Waiting: A Harvey Weinstein Moment for America's Wars?

By Andrew Bacevich, TomDispatch

11 December 17

 


It's been going on for so many years -- Predators cruising, looking for their prey. Some attention has since been paid to the phenomenon and to the devastating effect their actions have had on their victims, but it hasn’t really mattered. The predation has only spread

Oh, before I go any further, let me clear up one possible bit of confusion. I’m not talking about Charlie Rose, Roy Moore, Donald Trump, Harvey Weinstein, or any of that crew of predators. I’m talking about America’s robotic killers, the drones that long ago were grimly named Predators (retired this year) and their more advanced cousins, the Reapers (as in Grim...), who have taken a once-illegal American activity, political assassination, and made it the well-respected law of the land and increasingly of huge swaths of the globe.

In these years of predation, the president -- any president -- has become an assassin-in-chief.  George W. Bush began the process with 50 drone strikes in the Greater Middle East during his years in office. Barack Obama multiplied those numbers tenfold. He even had his own White House “kill list” and “terror Tuesday” meetings to decide just who should be on it. Donald Trump has simply given the U.S. military and the CIA license to send those drones wherever they please. Such drone strikes are now commonplace from Yemen (almost a strike a day in the months after Trump entered the Oval Office) to Afghanistan (where the CIA has, for the first time, been given license to strike at will), Pakistan (where such strikes have recently intensified) to Somalia (23 of them in 2017), Iraq to... Niger (where U.S. surveillance drones are now being weaponized). In the process, across the Greater Middle East and parts of Africa, the U.S. has taken out not just terror suspects but civilians in significant numbers, including children and American citizens (two of whom were children). The drones, which terrorize the populations under them, have proven to be ferocious assassins, capable of crossing borders without a blink and without respect for national sovereignty, not to speak of remarkable recruitment tools for terror groups.

And keep in mind that these never-ending drone killings are just one small part of America’s wars of the last 16 years that have driven funding for the national security state to new heights and turned Washington into a permanent war capital. Today, TomDispatch regular Andrew Bacevich, author of America’s War for the Greater Middle East, wonders when this country will truly notice America’s Predators abroad the way, in recent weeks, we’ve finally noticed them at home.

-Tom Engelhardt, TomDispatch


Still Waiting
A Harvey Weinstein Moment for America’s Wars?

hat makes a Harvey Weinstein moment? The now-disgraced Hollywood mogul is hardly the first powerful man to stand accused of having abused women. The Harveys who preceded Harvey himself are legion, their prominence matching or exceeding his own and the misdeeds with which they were charged at least as reprehensible.

In the relatively recent past, a roster of prominent offenders would include Bill Clinton, Bill Cosby, Roger Ailes, Bill O’Reilly, and, of course, Donald Trump. Throw in various jocks, maestros, senior military officers, members of the professoriate and you end up with quite a list. Yet in virtually all such cases, the alleged transgressions were treated as instances of individual misconduct, egregious perhaps but possessing at best transitory political resonance.

All that, though, was pre-Harvey. As far as male sexual hijinks are concerned, we might compare Weinstein’s epic fall from grace to the stock market crash of 1929: one week it’s the anything-goes Roaring Twenties, the next we’re smack dab in a Great Depression.

How profound is the change? Up here in Massachusetts where I live, we’ve spent the past year marking John F. Kennedy’s 100th birthday. If Kennedy were still around to join in the festivities, it would be as a Class A sex offender.  Rarely in American history has the cultural landscape shifted so quickly or so radically.

In our post-Harvey world, men charged with sexual misconduct are guilty until proven innocent, all crimes are capital offenses, and there exists no statute of limitations. Once a largely empty corporate slogan, “zero tolerance” has become a battle cry.

All of this serves as a reminder that, on some matters at least, the American people retain an admirable capacity for outrage. We can distinguish between the tolerable and the intolerable. And we can demand accountability of powerful individuals and institutions.

Everything They Need to Win (Again!)

What’s puzzling is why that capacity for outrage and demand for accountability doesn’t extend to our now well-established penchant for waging war across much of the planet.

In no way would I wish to minimize the pain, suffering, and humiliation of the women preyed upon by the various reprobates now getting their belated comeuppance.  But to judge from published accounts, the women (and in some cases, men) abused by Weinstein, Louis C.K., Mark Halperin, Leon Wieseltier, Kevin Spacey, Al Franken, Charlie Rose, Matt Lauer, Garrison Keillor, my West Point classmate Judge Roy Moore, and their compadres at least managed to survive their encounters.  None of the perpetrators are charged with having committed murder.  No one died.

Compare their culpability to that of the high-ranking officials who have presided over or promoted this country’s various military misadventures of the present century.  Those wars have, of course, resulted in hundreds of thousands of deaths and will ultimately cost American taxpayers many trillions of dollars.  Nor have those costly military efforts eliminated “terrorism,” as President George W. Bush promised back when today’s G.I.s were still in diapers.

Bush told us that, through war, the United States would spread freedom and democracy.  Instead, our wars have sown disorder and instability, creating failing or failed states across the Greater Middle East and Africa.  In their wake have sprung up ever more, not fewer, jihadist groups, while acts of terror are soaring globally. These are indisputable facts.

It discomfits me to reiterate this mournful litany of truths.  I feel a bit like the doctor telling the lifelong smoker with stage-four lung cancer that an addiction to cigarettes is adversely affecting his health.  His mute response: I know and I don’t care.  Nothing the doc says is going to budge the smoker from his habit.  You go through the motions, but wonder why.

In a similar fashion, war has become a habit to which the United States is addicted.  Except for the terminally distracted, most of us know that.  We also know -- we cannot not know -- that, in places like Afghanistan and Iraq, U.S. forces have been unable to accomplish their assigned mission, despite more than 16 years of fighting in the former and more than a decade in the latter.

It’s not exactly a good news story, to put it mildly.  So forgive me for saying it (yet again), but most of us simply don’t care, which means that we continue to allow a free hand to those who preside over those wars, while treating with respect the views of pundits and media personalities who persist in promoting them.  What’s past doesn’t count; we prefer to sustain the pretense that tomorrow is pregnant with possibilities.  Victory lies just around the corner.

By way of example, consider a recent article in U.S. News and World Report.  The headline: “Victory or Failure in Afghanistan: 2018 Will Be the Deciding Year.” The title suggests a balance absent from the text that follows, which reads like a Pentagon press release. Here in its entirety is the nut graf (my own emphasis added):

“Armed with a new strategy and renewed support from old allies, the Trump administration now believes it has everything it needs to win the war in Afghanistan. Top military advisers all the way up to Defense Secretary Jim Mattis say they can accomplish what two previous administrations and multiple troop surges could not: the defeat of the Taliban by Western-backed local forces, a negotiated peace and the establishment of a popularly supported government in Kabul capable of keeping the country from once again becoming a haven to any terrorist group.”

Now if you buy this, you’ll believe that Harvey Weinstein has learned his lesson and can be trusted to interview young actresses while wearing his bathrobe.

For starters, there is no “new strategy.” Trump’s generals, apparently with a nod from their putative boss, are merely modifying the old “strategy,” which was itself an outgrowth of previous strategies tried, found wanting, and eventually discarded before being rebranded and eventually recycled. 

Short of using nuclear weapons, U.S. forces fighting in Afghanistan over the past decade and a half have experimented with just about every approach imaginable: invasion, regime change, occupation, nation-building, pacification, decapitation, counterterrorism, and counterinsurgency, not to mention various surges, differing in scope and duration.  We have had a big troop presence and a smaller one, more bombing and less, restrictive rules of engagement and permissive ones.  In the military equivalent of throwing in the kitchen sink, a U.S. Special Operations Command four-engine prop plane recently deposited the largest non-nuclear weapon in the American arsenal on a cave complex in eastern Afghanistan.  Although that MOAB made a big boom, no offer of enemy surrender materialized.

In truth, U.S. commanders have quietly shelved any expectations of achieving an actual victory -- traditionally defined as “imposing your will on the enemy” -- in favor of a more modest conception of success.  In year XVII of America’s Afghanistan War, the hope is that training, equipping, advising, and motivating Afghans to assume responsibility for defending their country may someday allow American forces and their coalition partners to depart.  By 2015, that project, building up the Afghan security forces, had already absorbed at least $65 billion in U.S. taxpayer dollars.  And under the circumstances, consider that a mere down payment.

According to General John Nicholson, our 17th commander in Kabul since 2001, the efforts devised and implemented by his many predecessors have resulted in a “stalemate” -- a generous interpretation given that the Taliban presently controls more territory than it has held since the U.S. invasion.  Officers no less capable than Nicholson himself, David Petraeus and Stanley McChrystal among them, didn’t get it done. Nicholson’s argument: trust me.

In essence, the “new strategy” devised by Trump’s generals, Secretary of Defense Mattis and Nicholson among them, amounts to this: persist a tad longer with a tad more.  A modest uptick in the number of U.S. and allied troops on the ground will provide more trainers, advisers, and motivators to work with and accompany their Afghan counterparts in the field.  The Mattis/Nicholson plan also envisions an increasing number of air strikes, signaled by the recent use of B-52s to attack illicit Taliban “drug labs,” a scenario that Stanley Kubrick himself would have been hard-pressed to imagine.

Notwithstanding the novelty of using strategic bombers to destroy mud huts, there’s not a lot new here.  Dating back to 2001, coalition forces have already dropped tens of thousands of bombs in Afghanistan.  Almost as soon as the Taliban were ousted from Kabul, coalition efforts to create effective Afghan security forces commenced.  So, too, did attempts to reduce the production of the opium that has funded the Taliban insurgency, alas with essentially no effect whatsoever.  What Trump’s generals want a gullible public (and astonishingly gullible and inattentive members of Congress) to believe is that this time they’ve somehow devised a formula for getting it right.

Turning the Corner

With his trademark capacity to intuit success, President Trump already sees clear evidence of progress.  “We're not fighting anymore to just walk around,” he remarked in his Thanksgiving message to the troops.  “We're fighting to win. And you people [have] turned it around over the last three to four months like nobody has seen.”  The president, we may note, has yet to visit Afghanistan.

I’m guessing that the commander-in-chief is oblivious to the fact that, in U.S. military circles, the term winning has acquired notable elasticity.  Trump may think that it implies vanquishing the enemy -- white flags and surrender ceremonies on the U.S.S. Missouri.  General Nicholson knows better. “Winning,” the field commander says, “means delivering a negotiated settlement that reduces the level of violence and protecting the homeland.” (Take that definition at face value and we can belatedly move Vietnam into the win column!)

Should we be surprised that Trump’s generals, unconsciously imitating General William Westmoreland a half-century ago, claim once again to detect light at the end of the tunnel?  Not at all.  Mattis and Nicholson (along with White House Chief of Staff John Kelly and National Security Adviser H.R. McMaster) are following the Harvey Weinstein playbook: keep doing it until they make you stop.  Indeed, with what can only be described as chutzpah, Nicholson himself recently announced that we have “turned the corner” in Afghanistan.  In doing so, of course, he is counting on Americans not to recall the various war managers, military and civilian alike, who have made identical claims going back years now, among them Secretary of Defense Leon Panetta in 2012.

From on high, assurances of progress; in the field, results that, year after year, come nowhere near what's promised; on the homefront, an astonishingly credulous public. The war in Afghanistan has long since settled into a melancholy and seemingly permanent rhythm. 

The fact is that the individuals entrusted by President Trump to direct U.S. policy believe with iron certainty that difficult political problems will yield to armed might properly employed.  That proposition is one to which generals like Mattis and Nicholson have devoted a considerable part of their lives, not just in Afghanistan but across much of the Islamic world. They are no more likely to question the validity of that proposition than the Pope is to entertain second thoughts about the divinity of Jesus Christ.

In Afghanistan, their entire worldview -- not to mention the status and clout of the officer corps they represent -- is at stake.  No matter how long the war there lasts, no matter how many “generations” it takes, no matter how much blood is shed to no purpose, and no matter how much money is wasted, they will never admit to failure -- nor will any of the militarists-in-mufti cheering them on from the sidelines in Washington, Donald Trump not the least among them.

Meanwhile, the great majority of the American people, their attention directed elsewhere -- it’s the season for holiday shopping, after all -- remain studiously indifferent to the charade being played out before their eyes.

It took a succession of high-profile scandals before Americans truly woke up to the plague of sexual harassment and assault.  How long will it take before the public concludes that they have had enough of wars that don’t work?  Here’s hoping it’s before our president, in a moment of ill temper, unleashes “fire and fury” on the world.



Andrew J. Bacevich, a TomDispatch regular, is the author, most recently, of America’s War for the Greater Middle East: A Military History.

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Book, Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power, as well as John Dower's The Violent American Century: War and Terror Since World War II, John Feffer's dystopian novel Splinterlands, Nick Turse’s Next Time They’ll Come to Count the Dead, and Tom Engelhardt's Shadow Government: Surveillance, Secret Wars, and a Global Security State in a Single-Superpower World.


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FOCUS: Don't Let the Alt-Right Hijack #MeToo for Their Agenda Print
Monday, 11 December 2017 11:31

Solnit writes: "Feminism is now being weaponized for right-wing agendas. We must not allow that to happen."

'In this moment, we need to ask better questions. Whose agenda is being served in each case?' (photo: Andrew Harnik/AP)
'In this moment, we need to ask better questions. Whose agenda is being served in each case?' (photo: Andrew Harnik/AP)


Don't Let the Alt-Right Hijack #MeToo for Their Agenda

By Rebecca Solnit, Guardian UK

11 December 17


Feminism is now being weaponized for right-wing agendas. We must not allow that to happen

hat was fast. In this #MeToo moment, feminism has been coopted by both people who don’t understand it and by people who oppose it. Worse: it’s now being used against people who are feminists and allies.

The most recent example comes from Mike Cernovich, the alt-right conspiracy theorist who led the way on the Pizzagate hoax that claimed senior Democrats were involved in a child abuse ring in the basement of a Washington DC restaurant. That whole ruckus should’ve given MSNBC pause when he went after one of their regulars.

Cernovich recently orchestrated a campaign to pressure MSNBC to fire contributor Sam Seder over a joke he made in a 2009 tweet. The network did fire him – only to then rehire him after a backlash against their decision.

If you have ever been exposed to jokes before, you’d know the tweet was sarcastic. It mocked people whose defense of Roman Polanski from child rape accusations rested on the fact that he was a ‘great artist’. It was an anti-rapist rape joke, like the kind that Amy Poehler, Tina Fey, Amy Schumer and even Jay Leno later told about Bill Cosby.

We’re now at the point where people are being canned for jokes, by people who don’t get the jokes, don’t get feminism, don’t get that maybe there should be some proportion in this thing, and don’t get that right-wing men with a public record of misogyny might not be your best guides through all this.

Even if Seder’s joke was bad and made in the wrong spirit (which, just to be clear, it wasn’t), if we’re going to fire everyone who has made a non-feminist remark we’re pretty much going to clear all the offices everywhere of almost every man and quite a few women.

That’s why people who’ve been thinking about gender politics and women’s rights should be in charge of this moment. We need to be led through this by people who’ve experienced harassment and denigration and discrediting. People who’ve spent years listening to others and who have been thinking about the dynamics, ethics and consequences of these things before.

This should be a moment when powerful men and the women who’ve protected them say: ‘hey, when we were in charge it didn’t go that well, maybe we should learn to doubt ourselves, and our judgment, maybe we shouldn’t make snap decisions based on our brand-new interest in women as human beings possessed of inalienable rights.’

But instead they’re just finding new grounds to be in charge and to adjudicate all this.

Consider the experience of writer Ijeoma Oluo, who last week said that USA Today asked her to write a piece arguing a feminist position against due process.

She says an editor there told her, “[...] They want a piece that says that you don’t believe in due process and that if a few innocent men lose their jobs it’s worth it to protect women. Is that something you can do?”

They were asking her to say feminists are happy to harm individual men for the good of the cause, and not interested in distinguishing innocence from guilt. She refused. That’s not who she is and not who feminists are.

The slogan “believe women” arose because women have often been assumed from the outset to be crazy, mendacious, manipulative and anything but honest when they charge men of sexual crimes. That’s why their claims are often dismissed out of hand rather than investigated.

The slogan doesn’t mean don’t investigate the claims. An accusation pits two claimants against each other, an accuser and, usually, a person who claims they’re not guilty of what they’re accused of. Both deserve due process.

Project Veritas, the right-wing organization that went after Planned Parenthood in a sting operation over abortion a few years ago, bet that the Washington Post was also uninterested in distinguishing truth from falsehood, innocence from guilt.

They sent an undercover operator to pretend she had been sexually involved with Roy Moore as a minor. The Post demonstrated beautifully what due process looks like in journalism.

They interviewed the claimant and understood that she was trying to set them up and exposed her—a counter-sting they reported on in a November 27 article.

It was apparent that, like Cernovich’s attack on Seder, Project Veritas’s attack on the Post was meant to discredit the #MeToo movement. Feminism is now being weaponized for right-wing agendas. At which point it’s not feminism: it’s misogyny using feminism as a cover.

I was disconcerted that, when Leeanne Tweeden put out a story about her encounters with Al Franken, the alt-right site Infowars and right-wing Trump ally and Infowars associate Roger Stone apparently had advance knowledge of her story.

“Infowars Called It! Correctly Predicts Al Franken Sex Scandal!” said a headline on November 16. Tweeden is a Fox employee and a friend of Hannity’s. I would have liked to know more about the situation, especially why right-wing operatives had advance knowledge of it.

A friend who was once a congressional aide remarked to me that when it comes to men in the legislative branch, they’re nearly all guilty of some form of sexual harassment, inappropriate behavior, insensitive remarks, and so forth. I suspect a high percentage of powerful heterosexual men in general are guilty of at least Franken’s degree of denigration of individual women, and if such things are grounds for dismissal, fairness would demand we dismiss them all.

But we are not going to find out about all of them. We are going to find out about some of them not because they are the most egregious, but because of other factors—because someone has good documentation to share, because a former victim is not afraid, or because something matters more than that fear, or because it fits a larger political agenda.

We have heard from a great many women and some men in this Weinstein season. There is no reason to believe that we’ve heard from more than a small minority with stories of abuse to tell.

John Conyers is accused by multiple women, some of whom were his employees, of sexual harassment. He rightly resigned. Still, I’m curious why Conyers’s accusations surfaced when they did and if they’re supposed to somehow neutralize Moore’s.

There’s a man in elected office who’s been publicly accused more than a year ago of harassment, verbal denigration, groping, and sexual assault, including a credible case of attempted rape. I’d like to see any purge start with the predator in the White House.

In this moment, we need to ask better questions. Whose agenda is being served in each case? Who decides? How do we weigh degrees of gravity? This is not about men who violated the norms but about the fact that misogyny has long been the norm. Misogynists have been protected and promoted for not decades but centuries. What are we to do about that?

Moving forward, we need to figure out who decides not just these individual cases but how we move past this era of impunity—and who “we” is going to be, because justice for women sure doesn’t include Project Veritas and Mike Cernovich.


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The Mike Flynn Freak Show Continues Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Monday, 11 December 2017 09:46

Pierce writes: "You have to love a guy who's gone into business for himself before his boss even has the job."

Michael Flynn. (photo: Getty Images)
Michael Flynn. (photo: Getty Images)


The Mike Flynn Freak Show Continues

By Charles Pierce, Esquire

11 December 17


The guy was in business for himself—with some bad people—before his boss even took the job.

n Wednesday afternoon, I took a walk through the bowels of the House office buildings with Congressman Elijah Cummings, who was even more grimly determined than he usually is, which is considerably. Donald Trump, Jr. was testifying in secret before the House Intelligence Committee, and Cummings was shaking his head over the whole business. We all found out later why that was.

Cummings dispatched a letter to Congressman Trey Gowdy, the lop-headed Javert of Benghazi, Benghazi!, Benghazi!, and this letter was full to the gunwales with what the kidz these days call WTF-isms regarding Michael Flynn and his golden dreams of government service.

Cummings attributed the assertions in the letter to “a whistleblower,” whom he offered to introduce to Gowdy privately. The letter described a plan to build nuclear reactors in the Middle East with Russian help. Naturally, this would require the lifting of the sanctions on Russia put in place by the previous administration. According to Cummings’ letter, the whistleblower was hanging with a guy named Alex Copson on Inauguration Day. Copson was the head of something called ACU Strategic Partners, which was planning to partner with the Russians on the reactors once the sanctions were gone. According to the letter, Flynn texted Copson while the inauguration was going on that the project was “good to go.”

You have to love a guy who’s gone into business for himself before his boss even has the job.

According to the letter, Copson also said Flynn had promised that the sanctions would be “ripped up” almost immediately. The whistleblower said that he then asked Copson why in hell anyone would put nuclear reactors in the Middle East and the answer that the whistleblower said he got from Copson is nothing short of astounding.

Mr. Copson explained that the U.S. would provide military support to “defend these installations.” He also explained that this would provide a pretext for placing U.S. military forces in these countries. During his conversation with the whistleblower, Mr. Copson described the citizens of these foreign countries in highly derogatory terms. He explained his view that “they will be better off when we re-colonize the Middle East.” The whistleblower was extremely uncomfortable with this conversation.

The whistleblower is stronger than I am. When the conversation got around to re-colonizing the Middle East, I would have thrown myself off a balcony somewhere. As this investigation grinds on, we are going to learn things that will amaze and astound. It’s like a carny midway freak show, with bombs.


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Mueller's Investigation Just Got Some Insurance Print
Monday, 11 December 2017 09:44

Excerpt: "The Flynn plea makes it difficult for Trump to can the special counsel without inviting charges of a cover-up and sparking a constitutional crisis."

'Mueller was here.' (image: 731/Getty Images)
'Mueller was here.' (image: 731/Getty Images)


Mueller's Investigation Just Got Some Insurance

By Greg Farrell, Tom Schoenberg and Neil Weinberg, Bloomberg

11 December 17


The Flynn plea makes it difficult for Trump to can the special counsel without inviting charges of a cover-up and sparking a constitutional crisis.

he Dec. 1 plea deal struck with President Trump’s former national security adviser, Michael Flynn, marked a big step forward in Robert Mueller’s Russia investigation. It may also have provided some protection for Mueller against being fired by the president—and helped ensure that his probe will continue, even if one day he’s not leading it.

Flynn pleaded guilty to one count of lying to federal agents about his communications with the Russian ambassador last December. Given the other potential crimes that Flynn may have committed, including his failure to disclose that he was being paid millions of dollars by a Turkish company while serving as a top official in the White House, the relatively light charge signaled to many that Flynn had something significant worth sharing.

As Mueller’s probe has gotten closer to Trump’s inner orbit, speculation has risen over whether Trump might find a way to shut it down. The Flynn deal may make that harder. For one thing, it shows that Mueller is making progress. “Any rational prosecutor would realize that in this political environment, laying down a few markers would be a good way of fending off criticism that the prosecutors are burning through money and not accomplishing anything,” says Samuel Buell, a former federal prosecutor now at Duke Law School.

The Flynn plea also makes it difficult for Trump to fire Mueller without inviting accusations of a cover-up and sparking a constitutional crisis, says Michael Weinstein, a former Department of Justice prosecutor now at the law firm Cole Schotz. “There would be a groundswell, it would look so objectionable, like the Saturday Night Massacre with Nixon,” Weinstein says, referring to President Richard Nixon’s attempt to derail the Watergate investigation in 1973 by firing special prosecutor Archibald Cox.

Even if Mueller goes, his team is providing tools that other prosecutors or investigators can use to continue inquiries. Flynn’s deal requires him to cooperate with state and local officials as well as with federal investigators. That includes submitting to a polygraph test and taking part in “covert law enforcement activities.” Mueller also has provided a road map to state prosecutors interested in pursuing money laundering charges against Trump’s former campaign chairman, Paul Manafort.

Mueller’s case against Manafort lays out a series of irregular wire transfers made from Manafort’s bank accounts in Cyprus to a variety of companies in the U.S. The sums that Manafort transferred suggest the possibility that some of the money was diverted for other purposes. Mueller stopped short of filing charges related to where the money went. But by including the details in his indictment, he left open the possibility of bringing charges in a follow-up indictment and perhaps left breadcrumbs for state authorities to pursue.

The president can pardon people convicted of federal crimes; only governors can pardon those convicted under state law. For prosecutors in New York, “the Manafort case is like a legal Chia Pet,” says Weinstein. “Just add water, and it grows.” Manhattan District Attorney Cyrus Vance Jr. is investigating the circumstances surrounding unusual real estate loans to Manafort from a bank run by Steve Calk, who served as an adviser to the Trump campaign. New York Attorney General Eric Schneiderman is conducting his own Trump-related probe.

Trump’s reaction to Flynn’s plea raised fresh questions about whether the president had obstructed justice. The day after Flynn appeared in court, Trump tweeted that he fired Flynn because he’d lied to the FBI, which some lawyers say provided a new piece of evidence of what the president knew and when he knew it. Legal experts say Mueller’s ability to bring an obstruction case against Trump could hinge on whether the president was aware of Flynn’s illegal activities when he fired FBI Director James Comey. Prosecuting an obstruction case without an underlying crime is problematic. Critics could demand to know what crime Trump or his campaign officials committed to justify the charge. Many have already argued that collusion itself isn’t a crime. And within days of the Flynn agreement, Trump’s personal lawyer, John Dowd, began pushing back against the notion that a sitting president can even be charged with obstruction.

Mueller is also looking at conduct before the election, when Trump was a private citizen and not covered by the executive protections afforded by the Oval Office. If Mueller uncovers evidence that the campaign accepted Russian help, that opens up the possibility of charging people in the Trump campaign with conspiracy related to the solicitation of in-kind foreign donations. Mueller’s team would be on stronger ground if it uncovered evidence of any quid pro quo deals struck during the campaign, either in changes to the GOP platform favoring Russia or promises made to entice Moscow’s help against Hillary Clinton.

Flynn alone may not be enough to advance an obstruction or collusion case. Prosecutors would likely need evidence against other high-ranking Trump associates, including perhaps Jared Kushner. “Unless you’ve got them on tape, you’re going to need a lot better witnesses than Flynn,” says Raymond Banoun, a former federal prosecutor.

Some experts believe that Mueller’s probe is now almost certain to reach a step beyond that. “Before this is wrapped up, Mueller’s going to request an interview with the president, and he may even request it under oath,” says Amy Sabrin, a Washington lawyer who worked for Bill Clinton on the Paula Jones sexual harassment case. “And then what is Trump going to do?” 

BOTTOM LINE - Flynn’s plea deal marks a big step forward for Mueller’s Russia probe and also helps him ensure it continues should Trump fire him.


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How 'Debtor's Prisons' Are Ruining Holidays for Families Across the Nation Print
Monday, 11 December 2017 09:39

Choudury writes: "In modern-day 'debtors prisons,' poor people - disproportionately people of color - are locked up because they are unable to pay fines and fees for traffic violations and other misdemeanors. This holiday season, these debtors' prisons will unlawfully separate poor people from their families, undermining core values of fairness and equal treatment of rich and poor that should be the hallmark of our justice system."

Black men were more than six times as likely as white men in 2010 to be incarcerated in federal and state prisons, and local jails. (image: Andrey_Popov/nimon/Shutterstock/Zak Bickel/The Atlantic)
Black men were more than six times as likely as white men in 2010 to be incarcerated in federal and state prisons, and local jails. (image: Andrey_Popov/nimon/Shutterstock/Zak Bickel/The Atlantic)


How 'Debtor's Prisons' Are Ruining Holidays for Families Across the Nation

By Nusrat Choudury, Ebony

11 December 17


"We all deserve a justice system that is fair and provides equal treatment to rich and poor ..."

he United States may have formally outlawed jailing people for unpaid debts two centuries ago, but in South Carolina—and at least 14 other states, including Colorado, New Hampshire, Arkansas, Mississippi, Georgia, Missouri, Texas, and Washington—people who cannot afford to pay money to courts are routinely thrown in jail without so much as a court hearing.

The result is modern-day “debtors prisons” where poor peopledisproportionately people of colorare locked up because they are unable to pay fines and fees for traffic violations and other misdemeanors. This holiday season, these debtors’ prisons will unlawfully separate poor people from their families, undermining core values of fairness and equal treatment of rich and poor that should be the hallmark of our justice system.

Cayeshia Johnson worked three part-time jobs to support her four young children. Earlier this year, she was in a minor car accident and received tickets as a result. Despite her efforts to reschedule her court date to one she could attend and to set up a payment plan, a court in Lexington County, South Carolina, found Cayeshia guilty and sentenced her to pay without having her appear in court or determining whether she could actually pay.  Unbeknownst to Cayeshia, the court also issued a warrant ordering her to be locked up unless she paid the entire amount of fines and court fees in full. It was only after Cayeshia was arrested at a traffic stop that she learned what happened, and was jailed for 55 days because she couldn’t pay $1,287.50 in court fines and fees.

Needless to say, the consequences were devastating. Cayeshia was jailed for almost two months, separated from her kids, and lost all three of the jobs she had.  Not only did she suffer, but so did her children and extended family. Cayeshia is far from alone.  Court and jail records suggest that around 1,000 people were targeted for arrest and jail in Lexington County because they cannot afford to pay money to county magistrate courts.

The harms of debtors’ prisons fall unequally on different racial and ethnic communities.  Like many people locked up for being poor, Cayeshia is Black.  Across the country, people of color suffer disproportionately when the justice system allows people with money to buy their freedom while the poor are jailed, causing their families to suffer, their jobs to disappear, and their chance of escaping poverty to become even more remote.

Racial disparities in debtors’ prisons should hardly be a surprise when the criminal justice system as a whole disproportionately ensnares people of color. In Ferguson, Missouri, for example, the U.S. Department of Justice found that police practices were laced with racial bias and linked to the significant over-representation of Black people in traffic stops, arrests, and citations — all of which can lead to hefty fines and court fees. Stark racial disparities in income and wealth exacerbate the problem.  In 2016, the Federal Reserve’s Survey of Consumer Finances (SCF) revealed that the median income of Black people is less than 60 percent that of white people ($35,400 vs. $61,200), and that the median net worth of Black people was only around ten percent that of white people ($17,600 vs. $171,000). The ratios for Latino/white income and wealth are comparable.

Black and Latino people bear the brunt of debtor’s prisons across the country and in Lexington County, where the poverty rate is twice as high for Black and Latino people as for white people.  Indeed Cayeshia is joined by three other mothers of colorTwanda Marshinda Brown, Amy Marie Palacios, and Sasha Monique Darbyin challenging Lexington County’s debtors’ prisons through a class action lawsuit by the ACLU.  Each of these women were separated from their children and lost their jobs due to Lexington County’s debtors’ prison.

This holiday season, South Carolina mothers living in poverty like Cayeshia will give thanks for simply being able to spend any of it with their children. And there are hopeful signs of push back against the debtors prisons practices that separated Cayeshia from her kids.  Key court leaders in the state have recently begun reforms that call out coercive efforts to collect court fines and fees as unlawful and contrary to core principles of fairness and equal treatment of rich and poor.

Earlier this month South Carolina Supreme Court Justice Donald Beatty, the first Black man to hold the post, conducted a training for all lower court judges making clear that poor defendants have a constitutional right to counsel and that warrants issued against people for unpaid court fines and fees should be recalled unless such rights were protected.  The chief judge in Charleston County and others heard that call and voluntarily recalled warrants precisely like the one used to unlawfully arrest and jail Cayeshia Johnson. Some South Carolinians who might otherwise have spent their holidays in jail for choosing to feed their family instead of paying a parking ticket will be breaking bread at home, so long as they live within a jurisdiction willing to cooperate with Chief Justice Beatty’s guidance.

But what about those jurisdictions that don’t? For that matter, what about the holidays of thousands of poor people in jails in the 15 other states with debtors’ prisons?  And what about every other day in which people suffer jail, license suspensions, and other draconian punishments just because they do not have money?

In this season, when we treasure our families and are mindful of those who are less fortunate, court leaders should take concerted action to end debtor’s prisons. In South Carolina, for example, all outstanding bench warrants that order people to be arrested and jailed unless they can pay money to courts should be recalled until we can be sure these warrants are issued only after a court hearing, a finding that the person is able to pay, and protection to ensure that indigent people are represented by counsel before being jailed.

We all deserve a justice system that is fair and provides equal treatment to rich and poor. It is long past time to ensure that these values guide our courts.


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