Special counsel Robert Hur. Photo (cc) 2021 by Maryland GovPics.
It’s just incredible that we’re dealing with James Comey redux. I’m sure you remember his efforts to tank Hillary Clinton’s presidential campaign in 2016. He cleared her of criminal wrongdoing over “her emails” and then proceeded to trash her anyway, going far beyond his mandate. Then he reopened the investigation just days before the election only to shut it down again and say, Never mind.
Well, special counsel Robert Hur just did the same thing to President Biden — announcing that Biden committed no crime in his handling of classified information but then gratuitously adding that the president is “a well-meaning, elderly man with a poor memory.” Prosecutors either charge or they don’t charge. Other than that, their job is to shut up. It was grotesquely unethical for Hur, a Trump-appointed former U.S. attorney, to excoriate Biden right after he’d exonerated him.
We’ll be dealing with the aftermath of Hur’s unethical actions for the rest of the campaign. Meanwhile, I urge you to read this Josh Marshall commentary, which provides some much-needed perspective. Marshall writes:
There’s no crying in baseball. Entirely justified outrage from Biden supporters won’t counter whatever damage these comments will have. The White House will need to get Biden in front of interviewers, where he actually does quite well, and in widely seen venues, to counter it. It’s really as simple as that.
Biden started that process Thursday evening with a contentious news conference in which he vigorously defended himself — and, uh, confused Egypt with Mexico. Look, this guy has been a fumble-mouth for his entire career, and not just because he has a stuttering problem. But in terms of media perceptions, there’s a big difference between blurting out such stuff when you’re 40 and when you’re 80.
And never mind that his opponent is nearly as old, appears to be suffering from dementia, and is an insurrectionist authoritarian besides.
I think the biggest story coming out of the New Hampshire primary is that President Biden absolutely kicked butt while running as a write-in. That’s not easy to do, and if Dean “Who?” Phillips had turned in a showing that was even mildly respectable, it’s all the media would be talking about. Since New Hampshire is obviously not going to give up its first-in-the-nation primary, the Democrats might want to rethink their attempts to make it go away.
Beyond that, what can anyone say? It looks like Donald Trump beat Nikki Haley by about 11 points in what just about every political observer believes will be her best state. It’s only going to get worse from here. No one would be surprised if she endorses Trump at Mar-a-Lago by Friday, assuming that can be scheduled around his multiple court appearances.
For many years I had a gig as a weekly columnist for The Guardian and, later, for GBH News. My practice on mornings like this was to round-up morning-after commentary and try to make sense out of it. I am so glad I don’t have to do that this time beyond a few brief observations here. I’ll confess that I didn’t even pay attention to the Iowa caucuses, and only watched a bit of cable news Tuesday night. I should add that I asked my graduate students to come in this afternoon with an example of a story from New Hampshire that they think is illuminating in some way, which I guess makes me a sadist.
One pre-New Hampshire story I want to call your attention to is this article in The New York Times by Michael C. Bender and Nicholas Nehamas. It’s labeled “Political Memo,” which is supposed to signal the reader that the piece combines reporting, analysis and opinion. The headline itself is remarkable (“The Emasculation of Ron DeSantis by the Bully Donald Trump”), but the lead is even more noteworthy:
Donald J. Trump plumbed new depths of degradation in his savage takedown of Gov. Ron DeSantis of Florida, a yearlong campaign of emasculation and humiliation that helped force one of the party’s rising stars out of the presidential race after just one contest and left him to pick up the pieces of his political future.
Wow. I often have problems with the way the Times both-sides its day-to-day political coverage, but this is some vivid writing in the service of truth-telling. Here’s a free link, so please read the whole thing. As Josh Marshall wrote at Talking Points Memo, “it suggested to me at least some shift in dropping the pretense of conventional news coverage for conventional politics and approaching the quite unconventional story of what is really on its own visceral and physical terms.”
It also represented a break from the “two flawed candidates” narrative that we’re going to hear over and over (and over) for the next 10 months — as if the contest between Biden and Trump didn’t offer the starkest choice since 1860.
President Biden delivered an excellent speech Friday on the threat to democracy posed by Donald Trump and his supporters. He even used the N-word (Nazi) to describe Trump’s rhetoric in referring to his opponents as “vermin” and to refer to immigrants as “destroying the blood of our country.” If you missed Biden’s address, Heather Cox Richardson has a detailed overview.
But will it matter? Of course not. One of Trump’s go-to tactics when confronted with harsh truths is to childishly assert, “I know you are, but what am I?” So of course Trump’s response to Biden’s Valley Forge event was to hold a rally and accuse Biden of “fearmongering.” It worked because the first rule of media is to cover both sides. The tease on The New York Times’ homepage right now says:
Clashing Over Jan. 6, Trump and Biden Show Reality Is at Stake in 2024
Former President Trump and President Biden are framing the election as a battle for democracy — with Mr. Trump casting Mr. Biden as the true menace.
The actual headline is a little better, adding “brazenly” to Trump’s claim. And the story is better still, calling Trump “the only president to try to overthrow an American election” and adding: “Mr. Trump’s strategy aims to upend a world in which he has publicly called for suspending the Constitution, vowed to turn political opponents into legal targets and suggested that the nation’s top military general should be executed.” Good and true stuff. But wow, that tease.
Today, as we all know, is the third anniversary of the failed insurrection that Trump fomented. I may have written this before, but I remember returning to our car after a long hike in the Middlesex Fells and turning on public radio. The station was carrying the feed from the “PBS NewsHour,” and the first thing I heard was Judy Woodruff freaking out. What had happened? Were the Republicans pulling some sort of ridiculous stunt?
I soon learned the truth. As Biden reminded us Friday, a Trumpist mob, carrying Trump and Confederate flags, had invaded the Capitol. Gallows had been constructed to hang Mike Pence. (Mere symbolism? I don’t think so. What do you suppose would have happened if they’d actually got hold of him?) Angry Trumpers roamed the corridors, looking for Nancy Pelosi. Again, what do you suppose would have happened if they’d found her? Police officers were injured, and some died in the aftermath.
Now we’re waiting for the U.S. Supreme Court to decide whether Colorado, Maine and possibly other states can keep Trump off the ballot under the 14th Amendment, which bars officials who “engaged in insurrection” from serving. As I wrote earlier this week, this is where the question belongs. But I don’t trust the court, dominated as it is by two justices who occupy what are essentially stolen seats (Neil Gorsuch and Amy Coney Barrett) and a third (Clarence Thomas) who is so corrupt that he ought to be off the bench and consulting with his lawyers.
But it’s all we’ve got. “Democracy is still a sacred cause,” Biden told his audience in Valley Forge. I wish I shared his optimism that we are capable of preserving it.
President Biden, perhaps Amtrak’s most famous advocate, announced $16.4 billion in funding for rail projects on Monday, exhibiting a business-as-usual approach as polls show him trailing former President Donald J. Trump one year before Election Day.
Speaking at a maintenance warehouse where Amtrak trains are serviced in Bear, Del., Mr. Biden made no mention of the polling from The New York Times and Siena College polls.
Instead, he offered familiar anecdotes about his days as a senator, when a conductor named Angelo would call him “Joey, baby!” and squeeze his cheeks as he made the 90-minute ride between Washington and his home in Wilmington, Del.
Mr. Biden also promoted the $1 trillion infrastructure law he signed into law two years ago, which included $66 billion for investments in rail systems.
When Thomas Friedman of The New York Times writes about Israel and the broader Middle East, he generally comes up with something worth paying attention to. So I recommend this excellent piece in today’s edition headlined “Israel Is About to Make a Terrible Mistake” (free link). He manages to encapsulate the immensely complicated dilemma over how Israel should avenge Hamas’ terrorist attacks without causing so much chaos that the world will be dealing with it for many years to come. Here’s the heart of it:
I believe that if Israel rushes headlong into Gaza now to destroy Hamas — and does so without expressing a clear commitment to seek a two-state solution with the Palestinian Authority and end Jewish settlements deep in the West Bank — it will be making a grave mistake that will be devastating for Israeli interests and American interests.
It’s not a matter of going soft on Hamas; rather, it’s a matter of what’s in Israel’s best interests. Friedman is convinced that the Netanyahu government is ignoring the advice that President Joe Biden gave them and is on the verge of making a historic, tragic blunder.
The war between Israel and Hamas has given rise to a cornucopia of misinformation and disinformation on social media — especially with Elon Musk’s mean, shrunken version of X/Twitter doing little to screen out the worst stuff. But we should keep in mind that several dangerously wrong stories have been reported or amplified by mainstream news sources and political figures.
The most significant is the explosion at Ahli Arab Hospital in Gaza City on Tuesday, a disaster that has reportedly claimed hundreds of lives. Palestinian officials immediately blamed the blast on an Israeli rocket attack and, in the absence of any independent verification, news outlets were quick to report that claim as though it were fact. I’ll use The New York Times as an example, but it was hardly alone. According to the Internet Archive, the Times homepage published a headline on Tuesday at 2:25 p.m. that said, “Israeli Strike Kills Hundreds in Hospital, Palestinians Say.” Over the next hour or so, a subhead appeared saying that Israel was urging “caution.” Then, finally, at 3:46 p.m., came a subhead that stated, “Israelis Say Misfired Palestinian Rocket Was Cause of Explosion.” (I’m using the time stamps from the Times’ live blog rather than the Internet Archive’s.)
The Times’ evolution played out on Threads as well. Threads posts are not time-stamped, and at the moment this says only “one day ago,” though it was clearly posted sometime in the afternoon on Tuesday: “Breaking News: An Israeli airstrike hit a Gaza hospital on Tuesday, killing at least 200 Palestinians, according to the Palestinian Health Ministry, which said the number of casualties was expected to rise.” A short time later: “Update: At least 500 people were killed by an Israeli airstrike at a Gaza hospital, the Palestinian Health Ministry said.” Then, finally: “Update: The Israeli military said its intelligence indicated that a rocket that malfunctioned after it was launched by a Palestinian armed group was responsible for the explosion that killed hundreds of people at a Gaza City hospital.”
Screen image from Threads
Now, we still don’t know exactly what happened. But the weight of the evidence suggests that Israeli officials are correct in asserting that the missile was actually fired by Islamic Jihad, an ally of Hamas, and that it accidentally damaged the hospital. BBC News reported Wednesday that the evidence is “inconclusive” but added: “Three experts we spoke to say it is not consistent with what you would expect from a typical Israeli air strike with a large munition.” The independent investigative project Bellingcat cited a tweet by Marc Garlasco, a war-crimes investigator, who said, “Whatever hit the hospital in #Gaza it wasn’t an airstrike.”
The problem is that the initial incautious reports by the Times and other mainstream media, quoting Palestinian statements as though they were fact, clearly created a public narrative that Israel had committed a horrific war crime by bombing a hospital and killing hundreds of people. Indeed, two Muslim members of Congress, Reps. Rashida Tlaib and Ilan Omar, tweeted out the original unverified report.
Two other examples:
• The claim that Hamas terrorists beheaded Israeli babies has become so widespread that President Biden repeated it several days ago, and even appeared to say that he had seen photographic evidence. The White House had to walk that back. But though Hamas acted brutally in slaughtering civilians and taking hostages, no evidence has emerged for that particular incendiary assertion. The fact-checking website Snopes reports: “As we looked into the claim, we found contradictory reports from journalists, Israeli army officials, and almost no independent corroborations of the alleged war crime, leading to concerns among fact-checkers that such a claim may be premature or unsubstantiated.”
• There remains no evidence beyond an initial report by The Wall Street Journal that Iran was directly involved in planning and approving Hamas’ attack on Israel. This was an especially dangerous assertion since it could have led to a wider war — and still could if the Journal’s story ends up being true. At the moment, though, it appears that the Journal’s reliance on Hamas and Hezbollah sources were spreading misinformation, perhaps deliberately. Indeed, Max Tani of Semafor reported earlier this week that the Journal’s own Washington bureau had raised “concerns about the story” before it was published.
Correction: This post originally said that the hospital had been “obliterated,” but the evidence suggests that the damage fell well short of that.
Mitt Romney, right, with then-Arizona Gov. Doug Ducey. Photo (cc) 2018 by Gage Skidmore.
I read The Atlantic’s excerpt from McKay Coppins’ new Mitt Romney biography on the train ride home Friday. It delivers the goods. I’ve never been a Romney fan, but I appreciate his willingness to stand up to Donald Trump and Trumpism when it really mattered.
I was also struck that, after Romney became an outcast within his own party, he preferred to work with conspiracy-minded loons like Sen. Ron Johnson over the hypocrites who defended Trump in public while sidling up to Romney in private to tell him they would love to denounce Trump, too, but they just couldn’t. (“There are worse things than losing an election,” Romney would tell them. “Take it from somebody who knows.”)
What is chilling, though, is that, as Romney tells it, Republicans who once indulged Trump in order to advance their own political ambitions later had a different, more elemental reason for defending Trump in public: they were afraid they and their families would be killed by Trump’s deranged supporters, whipped up into a fury by the maximum leader himself. Coppins writes:
Some of the reluctance to hold Trump accountable was a function of the same old perverse political incentives — elected Republicans feared a political backlash from their base. But after January 6, a new, more existential brand of cowardice had emerged. One Republican congressman confided to Romney that he wanted to vote for Trump’s second impeachment, but chose not to out of fear for his family’s safety. The congressman reasoned that Trump would be impeached by House Democrats with or without him — why put his wife and children at risk if it wouldn’t change the outcome? Later, during the Senate trial, Romney heard the same calculation while talking with a small group of Republican colleagues. When one senator, a member of leadership, said he was leaning toward voting to convict, the others urged him to reconsider. You can’t do that, Romney recalled someone saying. Think of your personal safety, said another. Think of your children. The senator eventually decided they were right.
Romney was paying $5,000 for security, and he understood that many of his colleagues couldn’t afford that. But this is horrifying, and it shows the near-impossibility of breaking up the Trump-Republican alliance. Moreover, it’s how we move from democracy to authoritarianism to fascism. As New York Times columnist David Brooks put it Friday on the “PBS NewsHour”: “There are members who were going to vote to convict on impeachment, but were afraid that they or their families might get assassinated, and they knew their vote wouldn’t make a difference. We are way beyond the bounds of normal democratic governance, when that’s even on the minds of members of Congress.”
My fear is that Joe Biden’s presidency represents little more than an uneasy interregnum between Trump and whatever’s next. If Biden can win re-election, maybe that will give us four more years for passions on the extreme right — now a majority of the Republican Party — to cool off. From where we are standing today, though, I don’t see much chance of that happening.
Vivek Ramaswamy. Photo (cc) 2022 by Gage Skidmore.
Entertainment was hard to come by at Wednesday night’s Republican presidential debate. But to the extent that there was anything to savor, it came in the form of the attacks on Vivek Ramaswamy at the hands of Mike Pence, Nikki Haley and Chris Christie. What they needed to accomplish was to bury what was left of Ron DeSantis. Instead, they were so enraged by Ramaswamy that they focused their fire on him.
Ramaswamy was glib, smug, rude and arrogant. He also mouthed far-right talking points in a way that would do Donald Trump proud, coming out foursquare for everything bad, from coal to Russia. Although all eight candidates tried to duck a question about climate change (Haley was a wishy-washy exception), only Ramaswamy declared it to be a “hoax.” He alone would cut off U.S. aid to Ukraine, though DeSantis was heading in that direction.
Did Ramaswamy help or hurt himself? Who knows? I thought New York Times columnist David French put it well: “Everything I dislike about him, MAGA loves, and he looked more like Trump’s heir than DeSantis did.” Josh Marshall of Talking Points Memo called Ramaswamy a “cocky little shit,” which wasn’t quite accurate: he’s actually pretty tall.
In case Ramaswamy is new to you, you might want to check out this profile in The New Yorker, written by Sheelah Kolhatkar. Ramaswamy, who made his fortune in biotech, has moved to the extreme right in recent years, something that hasn’t exactly endeared him to those who were once close to him. Kolhatkar writes:
I asked Ramaswamy if his burgeoning reputation as a conservative firebrand had taken a personal toll. He chose his words carefully. A family member no longer spoke to him, and he’d been ghosted by a close friend. Although he’d forged new relationships with conservatives, none of the connections had turned into friendships. “I feel like the public advocacy, or whatever you call what I’ve been doing in the last couple of years, has eroded more friendships than new friendships made up for it,” he said.
Being shunned because of your principles is one thing. Being shunned because of ambition is something else.
So who won? I thought the big winner was President Biden. Trump, too, I imagine, since he continues to dominate the Republican field and did not take part in Wednesday’s free-for-all. Other than that, I’d say Pence was the winner, sort of; he managed to get credit for standing up to Trump on Jan. 6 without being booed too loudly, as Chris Christie was, and he came across as a normal candidate — that is, if your idea of normal is an extremist who wants a nationwide ban on abortion. Another Times columnist, Ross Douthat, said of Pence’s performance: “Moral clarity, debating chops, a message frozen in amber in 1985 and a visceral hatred for Vivek Ramaswamy: It won’t get him the nomination but it made for some of the better theater of the night.” James Pindell of The Boston Globe gave Pence an A-plus.
A lot of people thought Haley did well, too. She projected as independent and even somewhat moderate, criticizing Trump for running up the debt. You’d think might hurt her chances of being chosen as Trump’s running mate, but she’s proven over and over that she’ll be whatever she thinks she needs to be.
Tara Reade’s new home: The Kremlin. Photo (cc) 2015 by Larry Koester.
On Tuesday came the bizarre news that Tara Reade, who accused Joe Biden of past instances of sexual assault during the 2020 presidential campaign, had popped up in Russia, claiming she feared being imprisoned or killed. The Guardian reported that she had “defected”; The New York Times went with the less charged “moved.”
Women rarely lie about sexual assault, but there were reasons right from the start not to believe Reade’s claims. Among other things, the PBS NewsHour reported that the details Reade offered were almost certainly false, and Politico found that she had spent much of her adult life as a grifter. Below is a blog post that links to those stories.
Follow the money
Media Nation | May 16, 2020
Two in-depth reports Friday rendered what was left of Tara Reade’s credibility in tatters.
The more important was a story by the PBS NewsHour. Lisa Desjardins and Daniel Bush interviewed 74 former Joe Biden staff members, 62 of them women. And though they said Biden sometimes had trouble keeping his hands to himself (something Biden acknowledged and apologized for last year), they emphatically denied that they’d ever heard of him engaging in sexual assault.
“The people who spoke to the NewsHour,” they wrote, “described largely positive and gratifying experiences working for Biden, painting a portrait of someone who was ahead of his time in empowering women in the workplace.”
Crucially, an on-the-record source told them that there were problems with Reade’s job performance that may have led to her termination. And the place where the alleged assault took place was entirely out in the open, making it nearly impossible for Biden to have done what she claims without being seen.
Also Friday, Natasha Korecki reported for Politico that Reade has spent much of her adult life as a grifter, lying and cheating people out of money — but never, in the recollection of the people she interviewed, saying anything negative about Biden.
“Over the past decade,” Korecki wrote, “Reade has left a trail of aggrieved acquaintances in California’s Central Coast region whosay they remember two things about her — she spoke favorably about her time working for Biden, and she left them feeling duped.”
In the weeks after I wrote about the Reade case for WGBH News, I’ve gone from thinking there was a reasonable chance that she was telling the truth to now believing it’s highly likely that she made the whole thing up.
But why? Could it have something to do with her weird praise for Russian President Vladimir Putin? What should we make of the fact that her lawyer, who’s representing her for free, is a Trump donor? Or the fact that another lawyer who’s acted on her behalf has ties to Russian propaganda operations?
Ultimately Reade’s story can’t be definitively proven or disproven, but the media have done a good job of laying out the facts and showing how far-fetched it is. Now we need to know who, if anyone, was behind what appears to be a classic political dirty trick. Keep digging.
We’ve been told many times that the Dominion voting machine libel suit against Fox News could be a “landmark case.” I want to push back against that.
If Fox wins, then yes, it will be a landmark case, but that particular outcome seems unimaginable. That’s because we know from Fox’s own internal communications that top executives and hosts knew they were lying when they repeated the claims advanced by Donald Trump and his minions that Dominion’s machines stole votes from Trump and awarded them to Joe Biden.
In order to show libel, a plaintiff must prove that a media outlet published or broadcast false, defamatory statements about them. The Supreme Court’s 1964 Times v. Sullivan case added a third element for public officials who wish to win a libel suit: “actual malice,” which is defined as a knowing falsehood or reckless disregard for the truth. Several years later, the actual malice standard was extended to public figures, including a corporation such as Fox.
This really shouldn’t be difficult. In the unlikely event that Fox wins, it would mean that actual malice as a legal concept no longer exists. In reality, Dominion v. Fox is a pretty ordinary case in the sense that it presents no new issues at all. Fox defamed Dominion with false claims and, in private conversations, admitted that they were lying. The network’s defense will be that it was merely reporting newsworthy statements — but it didn’t just report them, it promoted them, and its hosts agreed with them on the air.
It is, in a way, the flip side of Sarah Palin’s 2022 libel case against The New York Times, when it was obvious to any observer that the Times had simply made a careless error in claiming that the man who shot then-congresswoman Gabby Giffords and several others had been incited by a map put together by Palin’s policial action committee showing gunsights over several congressional districts, including Giffords’. In fact, there was no evidence that the mentally ill shooter was even aware of such a map. There was no actual malice, and Palin lost.
It’s hard to imagine that any combination of money awarded to Dominion as well as punitive damages will add up to any more than a rounding error for Fox. What I’d really like to see is for the jury to require Fox to apologize in prime time, over and over, for lying to its viewers. How about nothing but apologies for a week? Now, that would be some must-see TV.
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