The Daily Parker

Politics, Weather, Photography, and the Dog

Not out of the woods yet, Britain

Even though the EU has agreed to extend the UK's Article 50 exit date to mid-May, Parliament still has to pass the enabling legislation to accept the deal. After that, Brexit Minister and England's Most Unhappy Frontbencher Kwasi Kwarteng spent half an hour yesterday getting to the phrase "next week," partly because the Government still haven't fully sorted what they will present to Commons then:

Almost half an hour into Kwarteng’s response to an urgent question following the EU’s imposition of an extended Brexit timetable at a summit in Brussels, the Labour MP David Hanson told the minister there was “a world outside this chamber who would like to know what day we are voting on any meaningful vote”.

Kwarteng responded: “The government fully intends to have a meaningful vote next week.”

The secondary legislation needed to change the departure date would also be tabled next week, he said, but declined to give any further details on timings, adding: “On this Friday I’m not going to say the exact hour and time of when the meaningful vote will take place.”

Separately, No 10 said the EU’s agreement to extend article 50 was contingent on holding the vote next week. The exact date has not been set, but it is likely to be on Tuesday or Wednesday, to give MPs and peers time to pass legislation to change the exit date before 29 March.

“The consideration is to hold it when we believe we have a realistic prospect of success,” May’s spokesman said. “My understanding of last night is that the extension to 22 May was contingent on winning the vote next week.”

May will meet cabinet ministers in Downing Street and spend the weekend working at Chequers, her country retreat.

Holy Brinksmanship, Batman. Vladimir Putin has to be sitting in the Kremlin with the Soviet equivalent of popcorn watching this farce, laughing out loud. Of course, he could be laughing at President Trump's announcement yesterday that the US will recognize Israel's conquest of the Golan Heights, which makes Putin's conquest of Crimea almost legitimate:

Trump’s push to assert Israel’s ownership of the strategic heights along the Syrian-Israeli border, conveyed in a tweet on Thursday, marked a major shift in U.S. policy and has been welcomed by Israeli Prime Minister Benjamin Netanyahu. But it also raised concerns that confrontations along the cease-fire line could escalate.

Israel seized two-thirds of the Golan during the 1967 war, and since 1973 Syria has made no military effort to regain it. Its army is no match for Israel’s superior military capabilities.

The U.S. assertion of Israeli claims will give Iran a propaganda boost at a time when the Trump administration is pressing allies in the region to join efforts to roll back Iranian influence. Secretary of State Mike Pompeo arrived in Beirut on Friday morning on a visit aimed at urging Lebanese leaders to take action to limit Hezbollah’s growing prominence in the Lebanese government.

This, the day before our Secretary of State visits the region. I'd call it unbelievable but it really isn't.

White House stonewalls Congress

Rep. Elijah Cummings (D-MD), chair of the House Oversight and Reform Committee, would like the White House to provide documents. Any documents:

I have sent 12 letters to the White House on a half-dozen topics — some routine and some relating to our core national security interests. In response, the White House has refused to hand over any documents or produce any witnesses for interviews.

Let me underscore that point: The White House has not turned over a single piece of paper to our committee or made a single official available for testimony during the 116th Congress.

As a reminder of what used to be “normal,” previous presidential administrations turned over tens of thousands of pages of documents in response to Oversight Committee investigations under both parties just a few years ago. The George W. Bush White House gave us more than 20,000 pages relating to Hurricane Katrina; numerous documents and witnesses relating to the leak of covert CIA agent Valerie Plame’s identity; and nearly 1,500 pages of emails between senior White House officials about the death of Pat Tillman. Similarly, the Obama White House produced many documents and emails relating to the Solyndra controversy, as well as witnesses and documents regarding the Benghazi, Libya, attacks, including communication between top White House officials and National Security Council staff.

By contrast, the complete refusal by the Trump White House to produce any documents or witnesses to the primary investigative committee in the House reflects a decision at the highest levels to deny congressional oversight altogether. The president dictated this approach the day after the election when he threatened a “warlike posture” against Democrats and then vowed that, at the end of two years, “I’m just going to blame them.”

President Trump’s actions violate our Constitution’s fundamental principle of checks and balances. If our committee must resort to issuing subpoenas, there should be no doubt about why. This has nothing to do with presidential harassment and everything to do with unprecedented obstruction.

You don't want Congress to issue subpoenas if you're the president, because then you've lost control over what they'll see. My guess is that Rep. Cummings fired this shot across the White House's bow to let them know subpoenas are coming soon.

Oops, pardon me!

This morning two bad things happened to convicted felon and all-around slimy guy Paul Manafort. First, he got sentenced to another 47 months in jail as a result of his second conviction:

In [Federal] court Wednesday, Judge Amy Berman Jackson criticized Manafort and his defense attorneys for repeatedly blaming his hard fall from power on his decision to work for Trump, which attracted the attention of the special counsel investigating Russian interference in that campaign.

“This defendant is not public enemy number one, but he’s also not a victim either,” Jackson said. “There’s no question this defendant knew better, and he knew exactly what he was doing.”

The question of whether anyone in Donald Trump’s campaign “conspired or colluded with” the Russian government “was not presented in this case,” she said, so for Manafort’s attorneys to emphasize that no such collusion was proved, she said, is “a non-sequitur.”

Just minutes later, a state grand jury in New York indicted Manafort on 16 felony counts that could keep him in prison for the rest of his life:

The new state charges against Mr. Manafort are contained in a 16-count indictment that alleges a yearlong scheme in which he falsified business records to obtain millions of dollars in loans, [Manhattan district attorney Cyrus] Vance said in a news release after the federal sentencing.

“No one is beyond the law in New York,” he said, adding that the investigation by the prosecutors in his office had “yielded serious criminal charges for which the defendant has not been held accountable.”

The indictment grew out of an investigation that began in 2017, when the Manhattan prosecutors began examining loans Mr. Manafort received from two banks.

Remember, whatever clemency Manafort could get under the President's pardon power, that power does not extend to state crimes. The same goes with related state-level investigations into the Trump Organization and the president himself that appear to have started within multiple New York law-enforcement agencies.

Josh Marshall has written often that the Trump Organization's business "would never survive first contact with law enforcement." As anyone who has followed Donald Trump's career over the year knows, this is axiom. And it is happening.

Gosh, who do you root for?

The Times is reporting that Michael Cohen has sued the Trump Organization for $1.9m in unpaid legal fees:

The lawsuit, filed in New York Supreme Court in Manhattan, said that the Trump Organization had agreed to pay Mr. Cohen attorney’s fees or related costs connected to his work with the Trump Organization but had failed to live up to that promise.

Mr. Cohen is also seeking reimbursment for an additional $1.9 million he was ordered to pay in fines, forfeitures and restitution after he pleaded guilty to breaking campaign finance laws, tax evasion and lying to Congress, the lawsuit said.

The complaint said that around July 2017, Mr. Cohen and the Trump Organization entered an agreement under which the company would pay for Mr. Cohen’s legal fees and costs connected to investigations being conducted by Congress and Robert S. Mueller III, the special counsel who is investigating Russian interference in the 2016 election.

This should be interesting. I wonder if Trump will plead that the contract was unlawful because it served a corrupt purpose?

More winning by the administration! Well, the Putin administration, anyway

Paul Krugman points out how President Trump's alternating bluster and surrender over trade has left us "less trusted, less respected, and weaker than we were before:"

On U.S. unreliability, consider the way the current administration has treated Canada, probably the friendliest neighbor and firmest ally any nation has ever had. Despite generations of good relations and a free-trade agreement, Trump imposed large tariffs on Canadian aluminum and steel, invoking national security as a justification. This was obviously specious — in fact, Trump himself basically conceded this point, justifying the tariffs instead as retaliation for Canadian dairy policy (which was also specious).

The lesson for the world is that America can’t be trusted. Why bother making deals with a country that’s willing to slap sanctions on the best of allies, and clearly lie about the reasons, whenever it feels like it?

Meanwhile, the sudden retreat in the confrontation with China shows that we talk loud but carry a small stick. It would be one thing if the U.S. had changed course on the merits. But backing down so easily, after all the posturing, tells the world that the way to deal with America is not to bargain in good faith, but simply to threaten the president’s political base, and maybe offer some payoffs, political and otherwise. (I’m still wondering about those floors China’s largest bank rents at Trump Tower.)

Meanwhile, Michelle Goldberg looks forward to the multiple congressional inquiries launched this week as "Trump's TV Trial."

As America and the West get weaker, Russia gets stronger. So much winning. Just not ours.

What about RICO?

Author Garrett M. Graff, writing for the Times, suggests that Rudy Giuliani's approach to prosecuting cases under the Racketeering-Influenced and Corrupt Organizations Act (RICO) could provide the model for dismantling the Trump Organization:

Fighting the Mafia posed a uniquely hard challenge for investigators. Mafia families were involved in numerous distinct crimes and schemes, over yearslong periods, all for the clear benefit of its leadership, but those very leaders were tough to prosecute because they were rarely involved in the day-to-day crime. They spoke in their own code, rarely directly ordering a lieutenant to do something illegal, but instead offering oblique instructions or expressing general wishes that their lieutenants simply knew how to translate into action.

Those explosive — and arresting — hearings led to the 1970 passage of the Racketeer Influenced and Corrupt Organizations Act, better known as RICO, a law designed to allow prosecutors to go after enterprises that engaged in extended, organized criminality. RICO laid out certain “predicate” crimes — those that prosecutors could use to stitch together evidence of a corrupt organization and then go after everyone involved in the organization as part of an organized conspiracy. While the headline-grabbing RICO “predicates” were violent crimes like murder, kidnapping, arson and robbery, the statute also focused on crimes like fraud, obstruction of justice, money laundering and even aiding or abetting illegal immigration.

The sheer number and breadth of the investigations into Mr. Trump’s orbit these days indicates how vulnerable the president’s family business would be to just this type of prosecution. In December, I counted 17, and since then, investigators have started an inquiry into undocumented workers at Mr. Trump’s New Jersey golf course, another crime that could be a RICO predicate; Mr. Cohen’s public testimony itself, where he certainly laid out enough evidence and bread crumbs for prosecutors to verify his allegations, mentioned enough criminal activity to build a racketeering case. Moreover, RICO allows prosecutors to wrap 10 years of racketeering activity into a single set of charges, which is to say, almost precisely the length of time — a decade — that Michael Cohen would have unparalleled insight into Mr. Trump’s operations. Similarly, many Mafia cases end up being built on wiretaps — just like, for instance, the perhaps 100 recordings Mr. Cohen says he made of people during his tenure working for Mr. Trump, recordings that federal investigators are surely poring over as part of the 290,000 documents and files they seized in their April raid last year.

Indicting the whole Trump Organization as a “corrupt enterprise” could also help prosecutors address the thorny question of whether the president can be indicted in office; they could lay out a whole pattern of criminal activity, indict numerous players — including perhaps Trump family members — and leave the president himself as a named, unindicted co-conspirator.

Of course, the President could try to pardon everyone but himself, even if that leaves himself open to state charges in New York and elsewhere. But for the time being, the Southern District of New York and other bodies seem to be laying out the larger RICO case just fine. Can't wait to see it.

Stuff I'm reading this weekend

From the usual sources:

Time to walk the dog.

Why can't he build anything?

Paul Krugman says the president actually doesn't want to:

Why isn’t Trump building anything? Surely he’s exactly the kind of politician likely to suffer from an edifice complex, a desire to see his name on big projects. Furthermore, during the 2016 campaign he didn’t just promise a wall, he also promised a major rebuilding of America’s infrastructure.

But month after month of inaction followed his inauguration. A year ago he again promised “the biggest and boldest infrastructure investment in American history.” Again, nothing happened.

In short, money isn’t why we aren’t building infrastructure. The real obstacle is that Trump, his officials, his party or all of the above don’t actually want the kind of public investment America needs. Build they won’t.

In the case of Trump administration officials, what’s striking about the various infrastructure “plans” they’ve offered — they’re more like vague sketches — is that they involve very little direct public investment. Instead, they’re schemes that would purportedly use public funds as a sweetener to induce large amounts of private investment. Why not just build stuff? Partly, perhaps, to hold down the headline cost. But such schemes would also amount to a backdoor way to privatize public assets, while possibly generating little new investment.

And while a real infrastructure plan would gain a lot of support from Democrats, an exercise in crony capitalism pretending to be about infrastructure wouldn’t.

To sum up: The Republican Party wants to rule, not to govern; and infrastructure benefits no one they care about.

Home sick and tired

I'm under the weather today, which has helped me catch up on all these stories that I haven't gotten to yet:

And now, I will nap.