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If He'll Pardon Arpaio, Why Wouldn't Trump Pardon Those Who Ignore Robert Mueller? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=31108"><span class="small">Philip Bump, The Washington Post</span></a>   
Sunday, 27 August 2017 08:30

Bump writes: "That President Trump pardoned former Maricopa County sheriff Joe Arpaio surprised no one who had been paying attention."

Trump and Arpaio. (photo: Getty Images)
Trump and Arpaio. (photo: Getty Images)


ALSO SEE: As Sheriff, Joe Arpiao Was
Far Worse Than Most People Know

If He'll Pardon Arpaio, Why Wouldn't Trump Pardon Those Who Ignore Robert Mueller?

By Philip Bump, The Washington Post

27 August 17

 

hat President Trump pardoned former Maricopa County sheriff Joe Arpaio surprised no one who had been paying attention. On Tuesday, he had all but said that he was going to do so, soaking up the applause from a friendly audience at a rally in Phoenix when he broached the subject.

It being expected, though, didn’t do much to lessen the surprise at its occurrence. That was in part because of the timing: dropping the news right as the most serious hurricane in half a century was making landfall in Texas on a Friday evening. But even more because of what Arpaio was being pardoned for. Arpaio was convicted of contempt of court after being told to stop racially profiling Hispanics in his county but continuing to do so anyway, in part to bolster his reelection bid. This was a law enforcement official who was ignoring a federal court order and, as a result, was convicted of a misdemeanor.

And Trump pardoned him.

The rationale Trump offered was not complicated. It came down, essentially, to the idea that Arpaio had an honorable career of service — to being the kind of guy that Trump respects.

“Throughout his time as Sheriff,” the alert from the White House read, “Arpaio continued his life’s work of protecting the public from the scourges of crime and illegal immigration.” That was the appeal to Trump on Friday and on the campaign trail: Arpaio earned a reputation as brutal and willing to push the boundaries in his opposition to immigrants in his state, and Trump liked that.

The broader question raised by the pardon, then, is where Trump would draw the line. If he’s willing to pardon Joe Arpaio for ignoring a court order in service of a political goal Trump embraces, why wouldn’t he pardon another individual he respects for similarly ignoring a demand from the court. Say, a former employee or a family member who, say, was issued a subpoena to testify before a special prosecutor?

One message from the Arpaio pardon is precisely that Trump sees his evaluation of the boundaries of legality as superior to the boundaries set by the legal system. The Constitution gives him that power. As we’ve noted before the presidential pardon is absolute. He can pardon anyone for any federal crime at any time — even before the person actually faces any charges and even if no crime actually took place. There’s nothing anyone can do about it, except to impeach Trump and remove him from office to prevent him from doing it again. (The president who replaces him might be able to revoke a recent pardon, one expert told us, but it’s far from certain.)

In other words, if any of Trump’s allies decides to tell special counsel Robert Mueller to stick his subpoena in the south side of the National Mall, Mueller can press a court for contempt charges. The person could be convicted of those charges — and then get a pardon identical to Arpaio’s.

Does anyone think that Trump wouldn’t actually do this? His former FBI director testified under oath that Trump tried to get him to drop the criminal investigation of former national security adviser Michael Flynn. If you’re willing to ask the FBI to stop investigating a crime, why wouldn’t you simply pardon the guy who they think committed it?

There’s one catch, that was explored by Eugene Volokh in June. If you are pardoned, you can’t then assert your Fifth Amendment right against self-incrimination, since you don’t face any risk of prosecution. If, for example, I were pardoned for conspiracy to commit murder in Washington, D.C., I can’t then refuse to testify against my partner in that crime, since I can’t be tried for the crime.

That said, though, the protection against self-incrimination also applies to state crimes. So Trump could pardon someone — let’s say Flynn, for the sake of this example — and Flynn could then still assert his Fifth Amendment rights if he thought his testimony might result in criminal charges in the state of Virginia (or wherever).

Again: The pardon power is absolute. There aren’t many powers in the federal government about which that word applies, but pardoning is one of them. With that power, Trump can send a message about how and where he feels the rule of law should apply. Or, more accurately, Trump can shape how and where those rules apply. He can, as long as he has that power, grant immunity to anyone he wishes for any federal crime they commit.

For a person in his position, surrounded by a federal investigation into his campaign and his business, that’s got to be appealing. And his pardon of Arpaio makes quite clear that loyalty to Trump can prevail over loyalty to the law.


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Trump Decision to Pardon Sheriff Arpaio Is a Perversion of Justice Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=40776"><span class="small">Dan Rather, Dan Rather's Facebook Page</span></a>   
Saturday, 26 August 2017 13:54

Rather writes: "The decision of President Trump to pardon Sheriff Arpaio is a perversion of justice and demeans the prerogatives of the presidency."

Dan Rather. (photo: Christopher Patey)
Dan Rather. (photo: Christopher Patey)


Trump Decision to Pardon Sheriff Arpaio Is a Perversion of Justice

By Dan Rather, Dan Rather's Facebook Page

26 August 17

 

he decision of President Trump to pardon Sheriff Arpaio is a perversion of justice and demeans the prerogatives of the presidency.

Compared to the impact of sweeping policies, it is a token gesture. But the symbolism is stark, provocative and important. Mr. Trump continues to proudly strut on the global stage as a divisive actor heedless of the shouts of derision and censure from the majority of his audience. He seems only concerned in basking in the lusty cheers of intolerance from his enabled base.

Amidst rumors that Mr. Trump will end the deferred action policy for dreamers, the already glowing embers of racial strife risk bursting into destructive flames. And Mr. Trump appears eager to fan them on.


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A Win for Privacy Is a Win for the Web Print
Saturday, 26 August 2017 13:47

Excerpt: "This month DreamHost chose to take a stand on something that will ultimately benefit all internet users who value their right to privacy and the ability to view websites of their choosing anonymously."

DreamHost has been ordered to turn over information from a website that hosted plans for anti-Trump protests on Inauguration Day. (photo: Victor J. Blue/NYT)
DreamHost has been ordered to turn over information from a website that hosted plans for anti-Trump protests on Inauguration Day. (photo: Victor J. Blue/NYT)


ALSO SEE: Judge Approves Limited Search Warrant for Data on Anti-Trump Protesters

A Win for Privacy Is a Win for the Web

By DreamHost

26 August 17

 

e’ve got great news for internet users around the world today: We did it. We made the internet better.

The Backstory

This month DreamHost chose to take a stand on something that will ultimately benefit all internet users who value their right to privacy and the ability to view websites of their choosing anonymously.

We didn’t have to . . . but we kind of did have to.

This week the U.S. Department of Justice backed down — just a little — on what we considered to be an unreasonable records request in an ongoing criminal investigation of a site hosted at DreamHost, DisruptJ20.org.

Our argument was straightforward — information that could be used to identify tens of thousands of internet users who simply visited the website would have been handed over to the U.S. government in a sweeping request for data. In our opinion, this was a clear case of investigatory overreach.

Our private protestations to the DOJ fell on deaf ears and were met not with dialogue, but with a prolonged silence followed by a “motion to compel” DreamHost to deliver all data originally requested.

This Week

After we went public with our concerns, the wave of public outcry from concerned citizens, judicial pundits, and commentators of all political backgrounds seemed to sink in. By Monday evening, the Department of Justice had relented and filed an amendment to remove some, but not all, parts of the data demanded in their warrant that we considered to be troubling.

We noted that the government took the relatively conspicuous step of filing its paperwork late Tuesday afternoon in what we can only speculate was an attempt to avoid further coverage by news media.

This late-in-the-game re-scoping of the request for data by the DOJ was a step in the right direction, but it didn’t go far enough. In fact, we filed a sur-reply with the court in response yesterday afternoon.

Today in a Washington D.C. courtroom, we had a chance to present our arguments against what we still considered to be an overly-broad records request.

Caught in the Net

We took issue with the sheer scope of this single request for information. Collecting the browsing habits of many tens of thousands of general internet users (who were exercising their own right to free speech and free assembly) in the pursuit of a criminal investigation against a single website owner raised strong First and Fourth Amendment questions for us.

Despite the narrowing of the DOJ’s request for data, individual website visitors could still potentially be identified via emails and discussion lists. The core issue remained: many users could find themselves, and their actions online, caught up in an investigation in which they were not the targets.

Rather than refuse the request outright, we chose to pursue the issue through the legal channels available to us and attended today’s hearing to seek clarification.

Today’s Ruling

This morning Chief Judge Morin of the Superior Court of Washington D.C. took the time to examine the DOJ’s initial warrant and their amendment, weighing them against our concerns.

We’re pleased that the court further limited the government’s access to this data today. Chief Judge Morin confirmed the validity of the Department of Justice’s amended request, with some changes, and he is enforcing the DOJ’s motion to compel.

As a company that operates lawfully in the United States, we are now obligated to comply with the court’s request.

No Ordinary Request

Given the extraordinary privacy and First Amendment issues raised by this case, the court has chosen to effectively shackle the Department of Justice in several key ways, all of which act to limit exposure of sensitive and private user information.

The court has asked the DOJ to present it with a “minimization plan.” This plan is to include the names of all government investigators who will have access to this data and a list of all methods that will be used to comb through it in search of evidence.

The production of evidence from this trove of data will be overseen by the court. The DOJ is not permitted to perform this search in a bubble.

It is, in fact, now required to make its case with the court to justify why they believe information acquired is or is not responsive to (aka: “covered by”) the warrant.

The court will then seal any information that is acquired but then deemed to be “not responsive.” After that point, this information will not be available to the government without a court order.

Further, the Department of Justice is forbidden from disclosing the content of this responsive information to any other government agency. This is an uncommon step for the court to take, but it speaks to the sensitive content of this site and the First Amendment issues raised.

This Is A Victory

Sometimes big wins don’t look like big wins.

Sometimes they look like a lot of little wins, all strung together!

That’s what’s happened here. The de-scoping of the original warrant, combined with the court’s additional restrictions on the use of, and access to, that data, is a clear victory for user privacy.

Here’s why.

If we had simply remained silent and handed over the data at the first sign of a warrant, investigators would today be sitting on a pile of information that could be used to track down and identify tens of thousands of individual web users who are themselves accused of no crime but would have found their personal browsing habits included and associated with this investigation.

As a result of our challenge, the DOJ ended up severely restricting the scope of data which was included in their original records request, effectively preventing them from fishing for evidence in a sea of unfiltered data extracted from our servers.

This is an enormous privacy win for all internet users and for any service providers that host user-generated content online.

We look forward to working with the Department of Justice and the Court as we hand over data that is an extremely limited subset of the original request.

While we’ve been compelled by the court to share this (still) large cache of data (and will do so in the next few days), the DOJ will not gain access to it immediately. We are considering an appeal which would deny the government the ability to access that data temporarily and potentially forever if our appeal is found to have merit.

Thanks, World!

It has been an emotional couple of weeks here at DreamHost HQ. We have been humbled by the very public outpouring of support over this case, and the countless heartfelt emails and messages we’ve received on social media have shown us just how important this issue is to so many internet users.

We’re a small company. We don’t have endless resources, and we have to pick our battles. The circumstances of this case were so extraordinary that we felt like we had no other choice but to step up and say something. So we did. Thank you for helping make that an easy decision.


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Media Says Trump Is 'Presidential' Again - for Ramping Up War in Afghanistan Print
Saturday, 26 August 2017 13:43

Norton writes: "Donald Trump is finally 'presidential' again, pundits insist, now that he is ratcheting up another US war."

Donald Trump. (photo: Al Drago/NYT)
Donald Trump. (photo: Al Drago/NYT)


Media Says Trump Is 'Presidential' Again - for Ramping Up War in Afghanistan

By Ben Norton, FAIR

26 August 17

 

onald Trump is finally “presidential” again, pundits insist, now that he is ratcheting up another US war.

In a speech on August 21, the far-right US president did an about-face, announcing a surge in the 16th year of the war in Afghanistan, which he had previously harshly condemned. Trump did not reveal many specifics, but reports suggest his administration will deploy 4,000 more soldiers to the country (Fox News, 8/21/17), in addition to the roughly 8,400 US troops and 5,000 other NATO forces already there.

Like clockwork, pundits responded to the news by rushing to praise Trump for his “presidential” decision. There is nothing quite as presidential as expanding an unending war that has left many thousands of Muslim civilians dead.

Just weeks before, the Trump administration had been openly acknowledging that the US war in Afghanistan was at least partly motivated by access to the large South Asian nation’s “vast mineral wealth”—nearly $1 trillion in untapped mineral deposits (New York Times, 7/25/17). Yet now, according to media reports, the war is suddenly about “national security” and safety.

The response from the commentariat echoes similar proclamations made just four months ago, when pundits lionized Trump for launching 59 Tomahawk missiles at a Syrian government air base (in an attack that effectively helped ISIS).

After the April strike, an analysis by FAIR (4/11/17) found that, of 47 major US newspaper editorials on the attack, just one opposed it. Trump’s missile strike was even sexualized by MSNBC‘s Brian Williams.

This time, in response to another military escalation, pundits were more aware, even self-critical, of the cartoonishness of reflexively praising presidential violence. But they did it anyway.

In Foreign Policy (8/22/17), Paul D. Miller minced no words, fawning over “Trump’s Presidential Afghanistan Speech.” Miller, who directed Afghanistan and Pakistan policy on the National Security Council for both George W. Bush and Barack Obama, declared that Trump’s address “was one of Donald Trump’s finest moments as president.”

“Trump’s nationalism, which I otherwise find objectionable, has led him to a keener and better appreciation of how to speak about war than Obama,” Miller added—a palpable demonstration of the intersection of the far right and establishment center that has been dubbed, with tongue in cheek, fish hook theory.

Miller’s obsequious op-ed was republished by the New York Daily News (8/22/17), New York City’s putative “left-wing” tabloid, with the headline “Trump’s Presidential Afghanistan Speech Sticks to the Script, Makes Powerful Argument.”

Maggie Haberman, a White House correspondent for the New York Times and a political analyst for CNN, tweeted effusively about “one of his more forceful/best lines of address”: “We are not nation-building again. We are killing terrorists.”

Washington think tanks, replete with revolving doors between the US government and so-called civil society, were likewise enthused. Michael O’Hanlon, the director of research for the foreign policy program at the arch-establishment Brookings Institution, published an op-ed in USA Today (8/21/17) with retired Gen. John Allen, who oversaw the war in Afghanistan from 2011 until 2013 before moving to Brookings, praising Trump’s reversal.

“Our new leader made the presidential call,” read the deck of the USA Today article, which had the titles “Donald Trump Making Afghanistan and America Safer” and “Donald Trump Makes Right Moves in Afghanistan.”

“We would especially commend Mr. Trump for making a difficult and very presidential decision about future American policy,” crooned O’Hanlon and Allen.

Rich Lowry, the right-wing syndicated columnist, Fox News commentator and editor of the neoconservative bible National Review, said in his magazine (8/21/17) that Trump’s Afghanistan speech “was quite good.” He noted it “seems a pretty conventionally hawkish policy,” and wrote of “the unifying potential of Trump’s nationalism.”

“It’s hard not to seem presidential when giving a speech like this,” Lowry continued. “If Trump had done nothing but give teleprompter speeches since his inauguration, he’d be about 10 points higher in the polls.”

Some of the most fanatic neoconservatives are warming to Trump. Proud self-declared “American imperialist” Max Boot, who excoriated Trump during his presidential campaign, came out swinging in his defense in the pages of the US newspaper of record. “Back to Nation-Building in Afghanistan. Good,” read Boot’s New York Times op-ed (8/22/17).

Right-wing pundits were not the only ones praising Trump’s Afghanistan surge. Their neoconservative counterparts in Congress were similarly enthused. Hard-line hawk John McCain—to whom Democratic lawmakers recently gave a standing ovation—likewise “commend[ed] President Trump for taking a big step in the right direction with the new strategy for Afghanistan,” and called for Trump to “conduct himself as a wartime commander-in-chief.”

Across the ocean, hawkish pundits said much the same. Writing in the UK’s Prospect (8/22/17), retired top general and King’s College London visiting professor Robert Fry applauded Trump’s Afghanistan surge, noting “his behavior bears a passing resemblance to the presidential.” The headline stressed, “Trump’s Afghanistan Policy Shows He’s Finally Thinking Like a President.”

In coverage that was more balanced in cosmetics, albeit not political substance, CNN (8/21/17) portrayed the speech as a largely welcome development, framing it as a matter of the collective good: “Trump to Ask Americans to Trust Him on Afghanistan.”

Again, on July 25, the New York Times‘ Mark Landler and James Risen reported that “President Trump, searching for a reason to keep the United States in Afghanistan after 16 years of war, has latched on to a prospect that tantalized previous administrations: Afghanistan’s vast mineral wealth, which his advisers and Afghan officials have told him could be profitably extracted by Western companies.”

Landler and Risen added that Trump “has suggested that this [vast mineral wealth] could be one justification for the United States to stay engaged in the country.” But their front page Times story has fallen down the memory hole, and, less than a month later, media insist the war in Afghanistan is a matter of “national security.”

“The speech will test the President’s capacity to convince Americans that he has settled on the right course of action on a major national security issue, and to unify the nation around it,” wrote CNN‘s Stephen Collinson.

The Afghanistan address, Collinson added, “represents a chance for Trump to leverage the symbolism of his office to stabilize a presidency that has threatened to spin out of control over the last two weeks.” Escalating war could help Trump “stak[e] out a more conventional presidential posture.”

A handful of journalists, like Huffington Post‘s Marina Fang, joked that Trump is being complimented as “presidential” simply for reading from a teleprompter:

Importantly, some media outlets did highlight Trump’s hypocrisy, drawing attention to the fact that he had campaigned—albeit inconsistently—on a pledge to withdraw from foreign wars, not to ramp them up (LA Times, 8/21/17).

Yet the contrasts between the punditry’s response to Trump’s Afghanistan’s speech and its outrage in July, when the president ended a CIA program that had for years strengthened ISIS, Al Qaeda and other extremist groups in Syria (FAIR.org, 7/27/17), are extremely stark.

One cannot help but observe that, when Trump is unpopular, he can miraculously reverse his fortunes by supporting a war. Trump no doubt understands that after, say, refusing to condemn white supremacists and drawing a ludicrous false equivalence between racist fascism and the antiracist resistance to fascism, he need only wrap himself in US military might and pundits—even ones who excoriated him mere days before—will suddenly praise him as a “presidential” imperial leader.

A very few journalists deserve credit for using the term “presidential” in its literal sense, not as a euphemistic stand-in. The Telegraph‘s Rob Crilly (8/22/17), who was critical of the military escalation, wrote: “If Donald Trump sounded presidential on Afghanistan, it is because he is repeating his predecessors’ mistakes.”

On Twitter, the Washington Post‘s Radley Balko quipped, “TBH, pledging thousands of troops to Afghanistan *is* the most presidential thing Trump has done. And I mean that in the worst way possible.”

After all, waging war in Afghanistan is a tried-and-true American tradition, going back to President Ronald Reagan’s 1983 Oval Office meeting with the mujahideen and the lionization of “anti-Soviet warrior” Osama bin Laden (Independent, 12/6/93).

Trump is indeed continuing a trajectory established by numerous presidents before him. Corporate media could do a far better job of interrogating whether or not that’s a good thing.


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FOCUS: Single Payer Healthcare Is Achievable Print
Saturday, 26 August 2017 11:53

Galindez writes: "One of my heroes, Paul Wellstone, used to say: 'In the last analysis, politics is not predictions and politics is not observations. Politics is what we do. Politics is what we do, politics is what we create, by what we work for, by what we hope for and what we dare to imagine.'"

A healthcare rally. (photo: Health Care for All)
A healthcare rally. (photo: Health Care for All)


Single Payer Healthcare Is Achievable

By Scott Galindez, Reader Supported News

26 August 17



ne of my heroes, Paul Wellstone, used to say: “In the last analysis, politics is not predictions and politics is not observations. Politics is what we do. Politics is what we do, politics is what we create, by what we work for, by what we hope for and what we dare to imagine.”

Imagine a country where you go to the doctor, he treats you, and the bill gets paid for by your tax dollars. We can create that world if we lead!

It is time to stop worrying about labels. It is time to fight for what we want and to stop backing down based on something polling as unpopular. In other words, it is time to lead and cease to be influenced by perceptions created by pollsters and Republicans.

They are hypocrites when it comes to healthcare. They are quick to call single payer “socialized medicine” or “government-run healthcare” with an angry tone. Instead of conceding ground, we should be arguing that “government-run healthcare” and “socialized medicine” are good things. Just like government-run police departments, military, fire departments, and schools.

I don’t see any of these hypocrites arguing that you should have to have insurance for the fire department or police department to come to your home. 911 operators are not asking for your insurance information before dispatching the police to your house.

The Tea Party is not suggesting privatizing the military and finding another way to fund it outside of taxes. Government-run institutions are great when they are in areas that don’t limit the financial sector’s ability to get wealthy off us. I suppose private fire departments could make a lot of money — they just wouldn’t pass the smell test or be popular if they let your house burn down because you couldn’t afford their services.

I remember the debate on Obamacare when the Republicans argued that a public option would be the back door to single payer healthcare. They were right, but the reason they were right is that the public option could cost less than private insurance. We can’t have that! People need to keep buying insurance that is priced to cover huge profits and a wasteful billing system that is set up to limit your coverage. Not!

The right has done an excellent job of making the government the boogeyman. It is now our job to make the death merchants in the health insurance industry the enemy.

“Government-run” or “socialized” medicine would have the primary mission of providing healthcare to everyone. The insurance companies’ primary mission is to make a profit for their stockholders. It doesn’t take a rocket scientist to see that if you pay more and the insurance company pays out less, their profits will rise.

In a single payer, government-run system, the profit incentive disappears. You go the doctor, they give the best treatment, and the government pays the bill. Just like they pay for public safety, infrastructure, and defense.

What the Republicans and corporate Democrats fail to acknowledge is that private, for-profit insurance companies are the problem. The government currently spends around $10,000 per person on healthcare while people have premiums and co-pays they can’t afford.

In Canada, there are no premiums, no co-pays, and no deductibles, and they pay around $4,000 per person on healthcare. Everything is covered for less money.

The American people need us to make these arguments forcefully and stop framing our messages based on what polls better in the current political climate. It is our job to change the political climate.

I understand that Medicare is a popular program, so “Medicare for All” is the current slogan to replace terms like “single payer,” but it also muddies the water when you have to explain that we are calling for Improved Medicare for All. We are not calling for the current Medicare system. We don’t want people to have to purchase a separate prescription drug plan. We don’t want people to have to buy supplemental insurance to cover things not covered by Medicare.

We want everything covered for everyone, and the best way to do that is “single payer” healthcare. Our job should be to make people realize that’s what they want too.

Republicans are good at staying on-message and turning good ideas into dirty words. We need to do the same. We need to make greedy, for-profit insurance companies the boogeyman and convince people that the government can do a better job providing healthcare.

We also have to stop basing our policies on what people think is immediately achievable. Of course, single payer lacks the votes necessary in the current Congress. That doesn’t mean that single payer isn’t the issue that Democrats can run on and ride back into power.

I have yet to hear a better solution. It is time to stop saying it is not achievable right now. We must work to make it possible.



Scott Galindez attended Syracuse University, where he first became politically active. The writings of El Salvador's slain archbishop Oscar Romero and the on-campus South Africa divestment movement converted him from a Reagan supporter to an activist for Peace and Justice. Over the years he has been influenced by the likes of Philip Berrigan, William Thomas, Mitch Snyder, Don White, Lisa Fithian, and Paul Wellstone. Scott met Marc Ash while organizing counterinaugural events after George W. Bush's first stolen election. Scott moved to Des Moines in 2015 to cover the Iowa Caucus.

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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