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FOCUS | Robert Mueller Sends a Message: He's Deadly Serious Print
Saturday, 28 October 2017 10:49

Cassidy writes: "On Friday night, CNN reported that a grand jury in Washington, D.C., has approved the first charges arising from the special counsel Robert Mueller's investigation into possible collusion between Donald Trump's Presidential campaign and the Russian government."

Robert Mueller. (photo: NBC)
Robert Mueller. (photo: NBC)


Robert Mueller Sends a Message: He's Deadly Serious

By John Cassidy, The New Yorker

28 October 17

 

n Friday night, CNN reported that a grand jury in Washington, D.C., has approved the first charges arising from the special counsel Robert Mueller’s investigation into possible collusion between Donald Trump’s Presidential campaign and the Russian government. Citing “sources briefed on the matter,” the network said that a judge had ordered the charges kept under seal, but that at least one arrest could take place as early as Monday.

Details were scant. The CNN report didn’t specify what the charges were or whom they had been brought against. But the news created an immediate furor, as other news organizations sought to follow up the story, and people on television and social media began speculating about the nature of the charges. Shortly before midnight, the Wall Street Journal confirmed CNN’s scoop, without providing any additional details.

Speaking on CNN, Michael Zeldin, a lawyer who served as a special assistant to Mueller when he was director of the F.B.I., suggested that Paul Manafort, Trump’s former campaign manager, might be the person charged. Zeldin imagined Mueller taking such a step to pressure Manafort to coöperate. “There is a lot of pressure on people who are under investigation to coöperate with Mueller after this indictment,” Zeldin said. Well before Mueller was appointed special counsel, the F.B.I. had been investigating Manafort’s financial ties to a pro-Russia party in the Ukraine. Mueller took over that investigation after he was appointed, in May. In July, F.B.I. agents staged a pre-dawn raid on Manafort’s home in Alexandria, Virginia.

Manafort isn’t the only name being speculated about. Other commentators suggested that Carter Page, a former adviser to the Trump campaign who had his own extensive Russian ties, or Michael Flynn, the former national-security adviser who was ousted from the White House over his post-election contact with Russia, might be subjects of the charges. It has been reported that the former F.B.I. director James Comey, when he was leading the Russia investigation, secured permission from a secret court operating under the Foreign Intelligence Surveillance Act to tap the communications of Page and Manafort. It has also been reported that Mueller’s team demanded White House documents about Flynn.

A key political question is whether these charges are related to things that happened as part of the Trump campaign, or whether they relate to alleged wrongdoings that occurred before it began or separate from it. If there are direct ties between the charges and the campaign, that will obviously have huge ramifications on Capitol Hill and elsewhere. But if the charges concern alleged actions on the part of Manafort or others that were unrelated to the 2016 campaign, the White House may well accuse Mueller of moving beyond his remit. That allegation wouldn’t be accurate—the terms of Mueller’s appointment gave him license to investigate “any matters that arose or may arise directly” from the Russia probe—but accuracy has never concerned Trump much.

One thing we can say for sure is that the news of the charges has moved the Mueller investigation firmly into the media spotlight, where it is likely to stay. Since Mueller’s appointment, his team of prosecutors and investigators has operated largely out of the public eye. One of the few known facts was that it had convened a grand jury in Washington. Friday night’s CNN report said that earlier in the day, “top lawyers who are helping to lead the Mueller probe, including veteran prosecutor Andrew Weissmann, were seen entering the court room at the D.C. federal court where the grand jury meets to hear testimony in the Russia investigation.”

There was no immediate comment from the White House about the CNN story. But it was published less than twelve hours after Donald Trump tweeted, “It is now commonly agreed, after many months of COSTLY looking, that there was NO collusion between Russia and Trump. Was collusion with HC!”

For days, the White House and conservative media organizations have been touting a Washington Post story that revealed that Hillary Clinton’s campaign and the Democratic National Committee helped to pay for the controversial Russia dossier written by Christopher Steele, a former British intelligence officer. “I think this further proves if there was anyone that was colluding with the Russians to influence the election, look no further than the Clintons, look no further than the D.N.C.,” Sarah Huckabee Sanders, the White House spokeswoman, told Fox News on Thursday. “Everything that the Clinton campaign and the D.N.C. were falsely accusing this President of doing over the past year, they were actually doing themselves.”

After CNN published its story on Friday night, some Democrats and commentators suggested that the Trump Administration may have known the Mueller indictments were coming and leaked the Steele story to create a smokescreen. “So clearly target is in crosshairs, alerted Trumpsville, right wing media & Trump engineered mass diversion & main stream media fell for it,” Neera Tanden, a former adviser to Hillary Clinton who is the president of the Center for American Progress, tweeted.

Plausible as that theory sounds, it, too, is conjecture. What isn’t speculation is the fact that, five months into his investigation, Mueller has brought a first set of criminal charges. By the standards of recent special prosecutors, that is fast work, and it confirms Mueller’s reputation as someone who doesn’t like to dally. Now that he has started arresting people, there is no reason to suppose he will stop. And that is precisely the message he wants to send.


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Immigration Enforcement Under Trump Has Grown Disturbingly Authoritarian Print
Saturday, 28 October 2017 08:39

Martelle writes: "Immigration agents last week entered a house in Oregon that was undergoing renovation and arrested one of the workers inside, taking him away in handcuffs because they thought he was in the country illegally."

U.S. Immigration and Customs Enforcement agents making an arrest. (photo: Soluciones Magazine)
U.S. Immigration and Customs Enforcement agents making an arrest. (photo: Soluciones Magazine)


Immigration Enforcement Under Trump Has Grown Disturbingly Authoritarian

By Scott Martelle, Los Angeles Times

28 October 17

 

mmigration agents last week entered a house in Oregon that was undergoing renovation and arrested one of the workers inside, taking him away in handcuffs because they thought he was in the country illegally. The man was later released, but his immigration status is the least interesting aspect of the story. Federal agents, without either an arrest or search warrant, entered a private home and hauled off someone in handcuffs.

That followed by a couple of weeks another Oregon encounter in which immigration agents approached a U.S. citizen outside of a courthouse and demanded identification papers because they thought he resembled another man – with whom he apparently bore little resemblance beyond skin color – suspected of being in the county illegally.

Oregon’s two senators, Ron Wyden and Jeff Merkley, were right to demand officials from Immigration and Customs Enforcement explain these blatant abuses of power and, in the case of the home invasion, unconstitutional actions. ICE agents sought to explain away the illegal home entry with the laughable excuse that because the owners were living in the basement while workers renovated the main floors, the private home was a place of business, so agents had a right to enter. The federal government now feels it can redefine basic concepts such as what constitutes a home, and decide unilaterally when it needs a warrant.

There have been other highly questionable moves by ICE agents since President Trump took office. Showing up at courthouses in plainclothes and without visible badges to arrest people there for hearings or other court business. Taking a woman awaiting emergency brain surgery from a Texas hospital and into detention. Stopping an ambulance (also in Texas), then following the 10-year-old patient it carried to a hospital and, after she received emergency gall bladder surgery, spiriting her away to a juvenile detention facility.

After California Gov Jerry Brown earlier this month signed into law SB 54, which bars state and local authorities from doing federal immigration enforcement except in specific circumstances (such as involving people with violent criminal histories), ICE’s acting director, Thomas D. Homan, warned that his agents will “have no choice but to conduct at-large arrests in local neighborhoods and at worksites, which will inevitably result in additional collateral arrests, instead of focusing on arrests at jails and prisons where transfers are safer for ICE officers and the community.” And he added, in an even darker threat: “ICE will also likely have to detain individuals arrested in California in detention facilities outside of the state, far from any family they may have in California.”

Such strong-arm tactics weren’t enough, so Homan has also engaged in a disinformation campaign. As the wildfires raged in Northern California this month, Homan teed off on the Sonoma County Sheriff’s Department over an old case in which someone living here illegally started a small fire in a park while trying to stay warm. Homan said the sheriff’s department had not honored ICE detainers asking it to hold the man – even though there was no outstanding arrest warrant or other legal authority to do so – and implied that more devastating wildfires could be the result. It was a deplorable politicization of a tragedy, and Homan ought to be ashamed.

But this is where we are with immigration enforcement under Trump — the government acting in a shameless manner. Sick children taken from their parents. Fourth Amendment rights tossed aside. U.S. citizens accosted and asked for their papers. Where’s the conservative backlash over such governmental overreach?

Arrests are up, yet deportations are down, and the immigration enforcement system is even worse off than before Trump took office (the immigration court backlog has increased by more than 116,000 cases over a year ago). Now domestic violence victims are afraid to report the crimes, children – often U.S. citizens – live in fear that their families will be split up, people trying to work with the legal system walk away because showing up at court to pay a traffic fine or testify in a trial could get them deported. Are you tired of winning yet?

Despite all those efforts and their negative consequences, some 11 million people still live in the country without legal permission. Most have lived here for more than a decade, and many now have American children. None of these moves by the administration will address that fundamental issue. The government – especially Congress – needs to move beyond bellicosity and bad policy and turn in earnest to forging a humane and comprehensive reform agenda for the immigration system, including a path to legal status and, where warranted, a path to citizenship for people who have become integral parts of our communities and economy.


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Bill O'Reilly Is Just One of the Countless Terrible Men in Media Print
Friday, 27 October 2017 13:59

Abramson writes: "But when sexual harassment is the issue at stake, justice does not often prevail."

Former Fox News host Bill O'Reilly. (photo: Richard Drew/AP)
Former Fox News host Bill O'Reilly. (photo: Richard Drew/AP)


Bill O'Reilly Is Just One of the Countless Terrible Men in Media

By Jill Abramson, Guardian UK

27 October 17


Male politicians and news commentators are often quick to declare that these events are watershed moments. But skepticism is wise

here has been much discussion of late about a secret list called Shitty Media Men that has been circulating in private emails and on the internet. But the shittiest men in media have revealed themselves. That list begins with Bill O’Reilly.

Everyone should listen to his outrageous claims of victimhood on the New York Times’ podcast, The Daily. It is truly remarkable and more than galling to hear the self-justifications of a man who, with his ex-employer Fox News, paid out a staggering $45m to settle sexual misconduct cases with co-workers, underlings and others.

There is no hint of remorse in his voice. There is only cold fury at the two intrepid Times reporters who revealed the settlements last spring and again last week and the grotesque details of the sexual harassment complaints against him. The only pity O’Reilly expressed in an on-the-record, taped interview is for the “grave danger” and pain inflicted upon his own children.

After the reporters turned off the microphone they used in the interview, held in a small conference room at the office of O’Reilly’s lawyer, they kept recording on their phones. It was then that O’Reilly really let loose. “This is bullshit. It’s on you. It’s all crap,” he thunders at Michael Schmidt and Emily Steele. “This is horrible what I went through. This is crap and you know it. It’s politically and financially motivated.”

How could the Times possibly be accused of having political motivations when the paper had just brought down ultra-liberal, Democratic producer Harvey Weinstein?

O’Reilly was a uniquely powerful figure at Fox, king of the ratings and multimillionaire author (his new book, Killing England, still sits atop the Times’ bestseller list). It shouldn’t be forgotten that sexual harassment is often more about abuse of power than sex.

O’Reilly’s allegations are what’s crap. The biggest financial motivations belonged to him and Fox, which had recently lost another star, Megyn Kelly, to NBC. Kelly revealed on Monday that she was among the women who complained to Fox about Mr O’Reilly. Soon after the $32m settlement and knowing full well about it and the horrendous allegations of over 15 years of misconduct led to it, the Roger Ailes-tainted Fox nonetheless agreed to a new four-year, $100m contract.

The network only fired O’Reilly last April after learning the Feds were investigating the half-dozen sex cases involving him and after their lawyer told the Murdochs that the full scope of the O’Reilly settlements would surely be leaked to the news media. (The Times had already revealed $12m in settlements). Luckily for Fox, O’Reilly’s new contract had an escape clause allowing the network to terminate him for sexual misconduct.

The actions of those who coddled and covered up for the miscreant are almost as nauseating as the underlying conduct. The Murdochs must be held to account. Their bid to gain approval for their $15bn takeover of Sky TV should be rejected. Tom Watson, Labour’s deputy leader and shadow culture minister, blasted them over the weekend for allowing “a culture of bullying” to flourish at their company, showing that they are unfit owners.

The UK culture secretary, Karen Bradley, had already said last month that she intends to order an extensive review of the deal because of concerns over 21st Century Fox’s “genuine commitment to broadcasting standards” and the increased influence it would give the Murdoch family over British media. The authorities have only to listen to O’Reilly’s voice and statements on The Daily to finish the review and reach the obvious conclusion.

But when sexual harassment is the issue at stake, justice does not often prevail. Weinstein got away with allegedly harassing and assaulting women for decades. For now, he’s lost his company and his standing in Hollywood, but the legal action against him that should have been pursued by Manhattan DA Cyrus Vance, involving police tapes of a woman whose breasts the producer had fondled against her will, was dropped.

Supreme court justice Clarence Thomas was confirmed in 1991 despite the corroboration of law professor Anita Hill’s testimony that he had sexually harassed her repeatedly.

Male politicians and news commentators are often quick to declare that these events are watershed moments when the country wakes up to the issue of sexual harassment and vows to change. After Weinstein, we’ve been told Hollywood will no longer tolerate the male entitlement and hegemony in which sexual harassment is endemic.

Skepticism is wise. I’ve spent the past two weeks investigating sexual harassment allegations at another media company. I’ve approached lots of scared young women who tell me about awful experiences but won’t talk on the record because they’ve signed non-disclosure agreements or fear becoming unemployable if they talk.

They will, of course, offer the names of other women who may talk because “everyone knew”. There is still plenty of fear. There are still plenty of shitty men in the media.


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The State of Michigan Continues to Collapse, With No Solution Planned Print
Friday, 27 October 2017 13:34

Lessenberry writes: "Don't like water mains breaking and sewers collapsing? Well, get used to it - it may well happen in your neighborhood soon."

Workers repair the water main break in Farmington Hills. (photo: Tracy Hamilton/Michigan Radio)
Workers repair the water main break in Farmington Hills. (photo: Tracy Hamilton/Michigan Radio)


The State of Michigan Continues to Collapse, With No Solution Planned

By Jack Lessenberry, Michigan Radio

27 October 17

 

ore than a quarter of a million people in Michigan’s richest county have to boil their drinking water this week. If you haven’t heard, that’s because a four-foot wide water transmission line apparently broke in Farmington Hills Monday night.

This has gotten a lot of publicity, far more so, say, than the Flint water crisis in its early stages. If you are a poor person of color in Flint, you might think this is because the people affected now are far more affluent, better connected, and nearly all white.

I won’t say that’s wrong. We don’t yet know what caused that pipe to break. It was 47 years old and was made to last for a century, but had never been inspected. This happened, by the way, almost ten months to the day after the giant sinkhole collapse in Macomb County that completely destroyed three houses.

I haven’t heard any conspiracy theorists say these two events are linked. But in fact they are, every bit as much as if terrorists had been involved. Don’t like water mains breaking and sewers collapsing? Well, get used to it – it may well happen in your neighborhood soon.

And if you helped elect politicians who refuse to raise enough revenue to maintain our infrastructure, you deserve it. The blunt fact is that our state is wearing out. It is going to cost billions to fix, and our lawmakers need to raise our taxes now.

They won’t do that, of course. Too many are ideological nincompoops who signed a pledge never to raise taxes for any reason, as crazily irresponsible as that seems.

Tonight, I fully expect people to post comments on Facebook attacking me as a “liberal” and suggesting nothing would be worse than raising taxes by the amount many of them spend buying snacks from vending machines at the office.

The fact is that we need grownups back in charge. I’ve broadcast more than two thousand of these essays over the past dozen years, and in the very first one, I quoted U.S. Supreme Court Justice Oliver Wendell Holmes, a conservative Republican. Ninety years ago, he wrote that “taxes are what we pay for civilized society.” We might differ on what we feel is worth paying for, but my guess is that just about all of us would include drinking water and plumbing that works on the list.

Most of us not in the legislature might also include decent roads and bridges that don’t collapse as well. But we are in trouble in all these areas. If there’s any group less wild and crazy than Supreme Court justices, it is civil engineers. But they understand infrastructure.

Earlier this year, the American Society of Civil Engineers published a sort of report card called the Michigan Infrastructure Overview. It says that we need to spend $13.8 billion to service our drinking water needs in the state, and another two billion to fix the sewers.

“Delaying these investments is an option the country, Michigan and our families can no longer afford,” the engineers concluded.

This is a wakeup call. By the way, my guess is that every lawmaker who voted against raising taxes thinks we should try to get Amazon to build its new headquarters here. And I’m sure collapsing water and sewer lines must really make them want to come.


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FOCUS: Trump Promised the JFK Files, but the Big Dogs Ate His Homework Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=26125"><span class="small">Bill Simpich, Reader Supported News</span></a>   
Friday, 27 October 2017 11:20

Simpich writes: "About 30,000 JFK files were supposed to be fully released yesterday. The American people only got 2,800."

President Kennedy in Dallas on November 22, 1963. (photo: Getty)
President Kennedy in Dallas on November 22, 1963. (photo: Getty)


Trump Promised the JFK Files, but the Big Dogs Ate His Homework

By Bill Simpich, Reader Supported News

27 October 17

 

bout 30,000 JFK files were supposed to be fully released yesterday. The American people only got 2800.

As repeatedly advertised in the media and the National Archives, about 3100 of these files had never seen the light of day. (The others had been released in part.)

By using the 2800 figure and comparing it to the touted 3100 figure, Trump’s people apparently hoped that the busy media would not realize how badly he had dropped the ball. I can assure you that The Washington Post and The New York Times completely missed it. Even the well-respected NBC News (and many other outlets) got it wrong, saying “2891 of at least 3140“ were released, falling into Trump’s trap.

Almost 30,000 documents remain concealed from the American people.

How many of the touted 3100 got released yesterday? Jimmy Falls at WhoWhatWhy did a careful count and told me he came up with 52.

What has happened completely violates the JFK Act of 1992, which was designed to ensure that all the records of the assassination went into the hands of the people.

The JFK Act states that “each assassination record shall be publicly disclosed in full, and available in the Collection no later than the date that is 25 years after the date of enactment of this Act, unless the President certifies, as required by this Act, that

(i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and

(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.”

Trump’s excuse was basically that the big dog ate his homework. You can read it here. He wrote that there is going to be a “temporary withholding” to find out if the documents qualify for continued postponement.

The law says “no later than 25 years” unless there is an identifiable harm. Trump had to resort to asking for an additional six months to see if there was an identifiable harm. Sorry. Time is up.

What’s in these documents? More things you can imagine. Here are a few quick examples:

This newly released 1975 CIA memo mentions how “one summary paper covers our involvement in research on techniques for influencing human behavior and on methods of protecting Agency personnel against hostile use of drugs or “brain working” techniques.”

Newly lifted redactions reveal that two weeks before the assassination, LITAMIL-9 (Luis Alberu Soeto) met with CIA officer Robert Shaw (known as “Lawrence Barker”). A Cuban embassy employee, Alberu monitored the compound for the CIA. Sylvia Duran was the secretary at the Cuban consulate who interviewed Oswald when he sought a visa to go to Cuba two months before the JFK assassination.

Sylvia is still alive, and perhaps the most important witness on the report that Lee Oswald tried to obtain a visa to visit Cuba in September 1963 in Mexico City. Sylvia has stated repeatedly that she did not place a tapped phone call with Lee Oswald to the Soviet consulate. If Sylvia is telling the truth, it would indicate that both her voice and Oswald’s voice were impersonated on the telephone, as documented in the wiretap transcripts. (Full disclosure: I wrote about this story in my online book State Secret).

Many have accused Sylvia of being a CIA agent. This document proves that she was not, as Shaw reported that LITAMIL-9 advised him that he thinks “Sylvia is a very intelligent girl. He thinks we might be able to gain her cooperation by getting a desirable male next to her – she is, according to L-9, ‘a little putita.’“

The release of a redaction on a “Harvey Lee Oswald” document. “Harvey Lee Oswald” is an inversion of Lee Oswald’s name – many believe this was routinely done by various agencies so that the agency could truthfully say that it had no file on “Lee Harvey Oswald.” The CIA had a large number of “Lee Henry Oswald“ files right up until that day in Dallas.

This 1972 “Harvey Lee Oswald” document needs some context. The CIA Director had issued a directive saying that no source or defector could be asked any questions about Oswald.

It reveals that Jane Curtis had to return any questions that she had about Oswald to her boss. Curtis had worked on the Oswald investigation since the time of the assassination. She was not allowed to pose them to defector Oleg Lyalin.

Who was Lyalin? A Soviet specialist on “wet affairs” (assassinations). Lyalin told the US that the “Department 13 assassination program” had ended as early as 1959. This was extremely damaging to the notion that Oswald had gone to the Soviet embassy in Mexico City to speak with KGB agent Valeriy Kostikov, who was supposedly an active member of the “wet affairs” at Department 13. It was this story that convinced Chief Justice Earl Warren to lead the Warren Commission – LBJ told him that a war with the Soviets would result in 40 million American dead.

There are many more stories like these waiting to be explored. The Mary Ferrell Foundation has scanned more than a million of these documents with walkthroughs that take the reader through the various Cold War histories and controversies. It’s a fascinating process. Students in New Jersey have drafted a Cold Case Act to study the civil rights murders of the 20th Century using a similar approach.

There was nothing fascinating about what happened yesterday. Today’s media decision makers were massively unprepared for the clash between Trump and the intelligence agencies.

The intelligence agencies won. They generally do. They are the big dogs.

The mass media, like the intelligence agencies, realize how badly they blew it in 1963. Both sectors continue to justify their institutional failure. They can’t tell the story straight. It’s like reverse muscle memory.

Lessons learned? Interested in analyzing the problems with intelligence, then and now? Thanks to Trump, we have a six-month window to conduct a clinic on how to do your homework. Let’s try to get it right.



Bill Simpich is an Oakland attorney who knows that it doesn't have to be like this. He was part of the legal team chosen by Public Justice as Trial Lawyer of the Year in 2003 for winning a jury verdict of 4.4 million in Judi Bari's lawsuit against the FBI and the Oakland police.


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