Category Archives: Analysis

The Trump White House is a confederacy of dingbats

Paul Waldman writes: The Trump White House is facing its greatest test yet, as the Russia scandal deepens and the president’s own son has provided direct and incontrovertible evidence that at the very least the Trump campaign attempted to collude with the Russian government in order to destroy Hillary Clinton. Handling this scandal would be an extraordinary challenge for even the smartest and most competent collection of government professionals and political operatives.

But this White House is a confederacy of dingbats. That’s what got them into this pickle in the first place and that’s what will keep them from getting out of it. [Continue reading…]

Hardened skeptics on the issue of Russian interference might argue that no foreign government could hope to see its interests served by installing the Trump family in power and yet six months in office has surely provided the Russians with as much and plenty more of exactly what they hoped for: chaos in Washington.

It’s hard enough for Republicans or Democrats to successfully push a legislative agenda, so the Russians surely understand American politics well enough that they couldn’t pin their hopes on any carefully defined outcome.

Washington never operates like a well-oiled machine; the predictable value of having the Trumps in power is that this would be like pouring water in the gas tank.

If the plan was to cripple the U.S. government, then everything seems to be proceeding according to plan.

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Trump claims unaware of Veselnitskaya meeting; 2013 video shows him with associates tied to email controversy

Reuters reports: U.S. President Donald Trump said on Wednesday he was unaware of his son Donald Trump Jr.’s meeting last year with a Russian lawyer at the heart of a White House controversy, telling Reuters he only learned of it a couple of days ago.

Asked if he knew that his son was meeting with the Russian lawyer Natalia Veselnitskaya in June last year, Trump said in a White House interview: “No, that I didn’t know until a couple of days ago when I heard about this.” [Continue reading…]

The Trump Jr. meeting was arranged by music publicist, Rob Goldstone, who is seen alongside Donald Trump and Russians linked to the controversy in a 2013 video obtained by CNN:

 

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The investigation goes digital: Did someone point Russia to specific online targets?

Philip Bump writes: There are two benefits for political campaigns with the social-media-spawned ability to target ads to smaller universes of people.

The first is that they can tailor a very specific message to a very specific population, like pitching a drilled-down policy position to, say, Hispanic men under age 45 who are farmers near Fresno, Calif.

The second is that, because not very many people will see that message, the odds that it rises to national attention are small. You can’t hide a television ad. If you buy a television ad on cable or on a broadcast network, someone is going to see it, and, if newsworthy, it will end up on the news.

Before social media — most specifically, Facebook — campaigns had to balance cost, reach and targeting through spending on direct mail, field programs and television. Now, they can pick out individuals from a massive crowd with a tailor-made video ad for relatively little cost — with much less of a chance that their opponents find out it ever happened.

The presidential campaign of Donald Trump embraced this explicitly. In October of last year, Bloomberg News reported that the campaign’s digital arm, run by Brad Parscale, would target possible Hillary Clinton voters for an inverse pitch. The Trump campaign would not show them ads making the case for voting for Trump; instead, they showed videos that they hoped would dampen enthusiasm for Clinton — and get the voters to stay home. [Continue reading…]

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Donald Trump Jr.’s Russia meeting may have been legal. But that’s a low bar

Asha Rangappa writes: Like all new FBI agents at Quantico, I got to know one particular individual very well when I was in the academy there. Her name was Carla F. Bad. Strictly speaking, she was not actually a person, but an acronym, whose name was a mnemonic device for all the ways the bureau taught agents to measure people seeking positions of public trust: character, associates, reputation, loyalty, ability, finances, bias, alcohol and drugs. Carla F. Bad is the touchstone against which FBI agents learn to assess a person’s honesty, integrity and trustworthiness in the course of checking their background. And she — rather than the criminal code — might be precisely what best reveals the shortcomings of the Trump administration.

The revelation that Donald Trump Jr. met with a Russian lawyer to obtain incriminating information about Hillary Clinton has sparked another round of analysis on the technicalities of criminal law. Specifically, legal experts are focused on whether White House adviser and President Trump’s son-in-law Jared Kushner, who also attended the meeting, violated the law by failing to disclose this meeting on his SF-86 government background form. But focusing on bright-line rules of criminality misses the point. The deeper question is whether members of Trump’s administration can uphold the trust that has been placed in them as stewards of the government they have been chosen to lead. On this front, the criminal code shouldn’t be the only yardstick. Even if Trump’s aides and family have managed to toe the line of the law, the news out of the Russia investigation so far leaves little reason to have faith in their judgment.

For the record, the SF-86 isn’t easy to fill out. The form, more than 100 pages long, asks an individual seeking a national security position — meaning a position requiring a security clearance — for every place they’ve ever lived, every country they’ve ever visited, background information on every close relative, and almost every possible variation on their contacts with foreign officials. Even knowing that a false statement can carry a penalty of up to five years in prison, it’s not uncommon for even the most honest person filling out the form to inadvertently omit a piece of information. On my own SF-86, which I completed when I was 27 to become a special agent for the FBI, I failed to disclose a speeding ticket I got when traveling home from college for Thanksgiving when I was 19. I got a grilling from the FBI: Why, they wanted to know, did I not mention this? “I forgot” wasn’t the answer they wanted, but to my relief, they did accept it. [Continue reading…]

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Trump’s election commission has been a disaster. It’s going exactly as planned

Dahlia Lithwick writes: It’s hard to imagine how Kris Kobach could have screwed things up so badly.

Here is a man, seemingly hatched from an underground lab devoted entirely to perfecting the fine art of vote suppression, given a golden opportunity to suppress votes nationally by way of Donald Trump’s sore loser–based election “integrity” commission.

Here is a man who has pledged the better part of his legal career to ensuring that fewer people can vote and to treating any and all immigrants—documented or otherwise—like criminals. Here is a man, in short, who had a meeting with destiny.

As Kobach put it to Ari Berman last month, his whole master plan for world dominion was so simple: to create in Kansas—where he is running for governor and has been secretary of state for a number of years—a template for programmatic vote suppression nationwide. If he created “the absolute best legal framework,” other states and the federal government would follow. Somehow, though, Trump’s “election integrity” commission turned into one of the most colossal cockups in an administration already overflowing with them. [Continue reading…]

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The country’s first Somali-American legislator and her politics of inclusivity

Pacific Standard reports: Two days before the 2016 presidential election, Donald Trump stepped out of his personal jet and into a hangar at the Minneapolis-St. Paul airport to promise a crowd of more than 9,000 supporters that, if elected, he would halt arrivals of Somali refugees. Minnesota has the largest Somali population in America—estimated to be around 46,000—as well as comparatively large populations of Ethiopians, Liberians, and Nigerians. “You’ve suffered enough in Minnesota,” Trump told the audience, referring to Somali immigrants as a “disaster.”

Two days later, on November 8th, a majority-white district in Minneapolis elected Ilhan Omar to the Minnesota House of Representatives, making her the country’s first Somali-American legislator. Omar’s win—in a district that includes both a portion of University of Minnesota and an immigrant neighborhood known as Little Mogadishu—represented a clear rejection of Trump’s rhetoric. And even while the incoming administration planned to reverse years of progressive policymaking, the rise of an optimistic immigrant politician served as a reminder that our country’s unique promise to newcomers was still alive.

At Omar’s election-night celebration, her husband, Ahmed Hirsi, saluted the diversity of Omar’s campaign. “Look around,” Hirsi said, waving his arms to the corners of a ballroom filled with hijab-wearing Millennials and balding brown and white heads. “This is what this country’s all about. This is America. Folks from different backgrounds, different faiths, different cultures, coming together for one good cause. So, for those who believe that Somalis are a disaster, I say you are delusional. That is not, let me tell you, that is not what this country is about.” Wearing an ivory hijab pinned with a glittering brooch, the 34-year-old Omar beamed from the front row, one of her three children perched on her lap. [Continue reading…]

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Did Donald Jr. break the law?

Norman L. Eisen and Richard W. Painter write: The revelation that Donald Trump Jr. enthusiastically accepted an offer to meet with an individual described as a “Russian government attorney” bringing “official documents and information” to help the Trump campaign and injure the Clinton campaign is a bombshell.

It raises a host of potential criminal and other legal violations for Donald Jr. and others involved, including his brother-in-law Jared Kushner; Paul Manafort, the campaign chairman at the time; and perhaps the president himself. These new facts are a critical inflection point in the Trump-Russia matter. But they should not be exaggerated: The investigation has much further to go before Donald Jr.’s liability, or that of others, can be finally assessed.

The defense that this was a routine meeting to hear about opposition research is nonsense. As ethics lawyers, we have worked on political campaigns for decades and have never heard of an offer like this one. If we had, we would have insisted upon immediate notification of the F.B.I., and so would any normal campaign lawyer, official or even senior volunteer. [Continue reading…]

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How the Russians suckered Trump in Syria, and Iran comes out the big winner

Chareles Lister writes: The core principles underpinning the Trump administration’s new Syria policy are roughly as follows: The United States is only in Syria to fight the so-called Islamic State (widely known as ISIS) and is not in a position to directly challenge the legitimacy of the Bashar al-Assad regime, despite its many crimes. Meanwhile, it is to be conceded that Russia has invested heavily in Syria and its proposed establishment of “de-escalation zones” is the best path forward to securing stability.

With U.S. troops actively supporting our Syrian partners in a major assault on ISIS-held Raqqa, the second portion of U.S. Syria policy is being newly revealed by our expressed diplomatic support for Russian-mediated ceasefires and our direct role in negotiating one in Syria’s southwest.

While de-escalation by itself is a highly desirable state of affairs for humanitarian reasons, the U.S. is lending diplomatic cover to what is, in all respects, Russia’s foremost strategic mechanism for methodically guaranteeing an Assad victory by selectively freezing front lines in order to free up pro-regime forces to fight elsewhere.

By lending American support to such schemes, the Trump administration is failing to learn from recent history in Syria, where such agreements brought short-term stability to the benefit of one party over the other.

At the core of the agreement, which was sealed during a meeting between Presidents Donald Trump and Vladimir Putin in Hamburg last week, the U.S. and Jordan are responsible for coercing opposition groups to stop fighting, while Moscow will ensure the Assad regime, Iran, and Iranian-backed militias do the same.

This is not a new strategy—it is a consolidation of a policy developed by President Barack Obama, whose administration frequently called for Assad’s departure, but never seriously sought to realize it. By acknowledging the limits of our objectives in Syria, the U.S. is effectively admitting its defeat to Russia and Iran. Gone are the days of “leading from behind”; today we are following from the back. [Continue reading…]

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The Magnitsky Act, Natalia Veselnitskaya, and the Trumps

Anne Applebaum writes: I don’t want to exaggerate: There is a lot we still don’t know. Also, I still believe that the most shocking, disqualifying aspects of the Trump/Russia relationship — President Trump’s hero worship of Russian President Vladimir Putin and his admiration for Russian dictatorship — are the ones that are already public. Nevertheless, the entry of Natalia Veselnitskaya into the Trump/Russia story is dramatic. This is not just because of what her role tells us about Trump and his entourage, but because of what it tells us about the possible motives of interested Russians.

To explain why, you need a few paragraphs of background. Veselnitskaya is a lawyer who has worked for many years to overturn the Magnitsky Act, a piece of U.S. legislation named after a very different Russian lawyer. Sergei Magnitsky was working for an American investor, Bill Browder, when he accidentally stumbled upon an incredible, almost unbelievable scam: Russian tax officials and police were secretly changing the ownership of companies, hijacking their names and bank accounts, and then using them to claim fake tax rebates and other payments. In effect, they were stealing vast sums of money from the Russian state.

Magnitsky learned too much about the scam, and in 2008 he was arrested. In jail he was reportedly deprived of medical care and beaten — until he died. In the wake of Magnitsky’s death, Browder launched an extraordinary crusade against the officials who had been involved in the original scam as well as Magnitsky’s death. In 2012 he convinced Congress to pass the Magnitsky Act, a U.S. law that has now forbade 44 people, including bureaucrats and tax officials associated with Magnitsky’s death, from entering the United States or doing business with U.S. banks.

The Magnitsky Act bothered the Russian leadership — in fact, it really, really bothered them, far more than it should have. In part that may have been because it focused attention on the real source of so much Russian wealth: theft from the state. In part it may have been because the powerful officials involved, like all powerful officials in Russia, care a lot about being able to travel freely to the West in order to buy property, to go skiing, to hide their money.

It also set a precedent. Suddenly there was a way to target all of those gray bureaucrats, the men behind the scenes who give the orders to loot the state and kill citizens. The Magnitsky Act was the template for the sanctions that the Obama administration placed more broadly on Russian individuals and businesses in the wake of the Russian invasion of Ukraine. [Continue reading…]

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The latest Russia revelations lay the groundwork for a conspiracy case

Randall D. Eliason writes: Collusion is usually defined as a secret agreement to do something improper. In the criminal-law world, we call that conspiracy. If unlawful collusion between the Trump campaign and Russian nationals did take place, criminal conspiracy would be one of the most likely charges.

A conspiracy is a partnership in crime. The federal conspiracy statute prohibits conspiracies to defraud the United States, which includes conspiracies to impede the lawful functions of the federal government — such as administering a presidential election.

Conspiracy also prohibits agreements to commit another federal crime. This would include an agreement to violate the laws against hacking into someone else’s computer, or to violate federal election laws.

Conspiracies, by their nature, take place in secret. To break through that secrecy, prosecutors often rely on circumstantial evidence. The classic trial lawyer’s metaphor is that each such piece of evidence is a brick. No single event standing alone may prove the case. But when assembled together, those individual bricks may build a wall — a big, beautiful wall — that excludes any reasonable doubt about what happened. [Continue reading…]

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What the heck is a Russian ‘Crown prosecutor’?

Julia Ioffe writes: In emails he released on Tuesday by Donald Trump Jr., the president’s eldest son and former campaign surrogate, Rob Goldstone, a former British tabloid journalist, told Trump Jr. that “the Crown prosecutor of Russia met with … Aras [Agalarov] this morning and in their meeting offered to provide some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father.” Which raises the question, who is “the Crown prosecutor of Russia”?

Goldstone seems to have garbled things a bit; in the United Kingdom a Crown prosecutor is one that works for the Crown, i.e., a federal prosecutor. There’s no such position in Russia technically, but the analogue would be the top federal prosecutor of Russia, and that is Yury Chaika, the prosecutor-general of the Russian Federation. Goldstone was likely translating a foreign title into its local equivalent. Translated into American titles, Chaika could be referred to as Russia’s attorney general.

Like the U.S. attorney general, the Russian prosecutor general is a figure politically close to the president. In Russia, that is especially true. Chaika has been extremely loyal to Putin, and stayed that way even as Putin reduced the power of the prosecutor’s office in the late aughts. In 2012, for instance, when pro-democracy protests rocked Moscow, he said, as Putin did, that they were financed by shadowy actors from abroad.

That loyalty has been rewarded amply. Chaika is part of the bloc of siloviki—or people allied with security services, literally the people who settle disputes through force—inside the Kremlin, as is Putin himself. Chaika has been protected from being pushed out by more powerful members of the clan, and Putin has willfully turned a blind eye as Chaika’s two adult sons have made a killing, accumulating hundreds of millions of dollars in business and choice government contracts. [Continue reading…]

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Trump Jr.’s response to proposed meeting with a ‘Russian government attorney’ to get dirt on Clinton: ‘I love it’

The New York Times reports: The June 3, 2016, email sent to Donald Trump Jr. could hardly have been more explicit: One of his father’s former Russian business partners had been contacted by a senior Russian government official and was offering to provide the Trump campaign with dirt on Hillary Clinton.

The documents “would incriminate Hillary and her dealings with Russia and would be very useful to your father,” read the email, written by a trusted intermediary, who added, “This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump.”

If the future president’s elder son was surprised or disturbed by the provenance of the promised material — or the notion that it was part of a continuing effort by the Russian government to aid his father’s campaign — he gave no indication.

He replied within minutes: “If it’s what you say I love it especially later in the summer.”

Four days later, after a flurry of emails, the intermediary wrote back, proposing a meeting in New York on Thursday with a “Russian government attorney.” [Continue reading…]

Professor Richard L. Hasen, a nationally recognized expert in election law and campaign finance regulation who teaches at the University of California Irvine School of Law, writes:

Hard to see how there is not a serious case here of solicitation. Trump Jr. appears to have knowledge of the foreign source and is asking to see it. As I explained earlier, such information can be considered a “thing of value” for purposes of the campaign finance law.

It is also possible other laws were broken, such as the laws against coordinating with a foreign entity on an expenditure. There could also be related obstruction, racketeering, or conspiracy charges, but these are really outside my area of specialization and I cannot say.

But there’s a lot for prosecutors to sink their teeth into. Pretty close to the smoking gun people were looking for.

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As collusion evidence emerges, obstruction allegations begin to look more damaging

Alex Whiting writes: The criminal investigations of the Trump administration seem largely to have followed two separate paths: on the one hand, whether there was collusion between the Trump campaign and Russian interference with the election, and on the other hand whether President Trump obstructed justice. Commentary has alternated between these inquiries, but has not always connected the two. In part that is because of the piecemeal way the evidence has emerged. In part it is because the two inquiries have distinct legal elements and can, in fact, exist separately. However, at a moment when our attention is focused on the question of possible collusion, it is worth remembering this obvious point: the two investigations are, in fact, very much connected. As evidence mounts of one set of crimes (collusion), it also supports the other (obstruction).

As I set forth here, and here, the obstruction investigation is likely focused at the moment on whether President Trump sought improperly to influence or shut down the FBI’s investigations into former National Security Advisor Michael Flynn and/or investigations into possible collusion between the Trump campaign and the Russians. Because Trump’s actions are largely not in serious dispute, the focus has mainly been on his intent, that is, did he act “corruptly” or with an improper purpose in his interactions with FBI Director James Comey, or in his subsequent firing of Comey?

To the extent it was believed that there was no underlying story of wrongdoing by the Trump campaign with respect to Russian interference with the presidential election, the obstruction allegations seemed to float on their own. Despite the old adage that “the cover-up is always worse than the crime,” obstruction charges will be harder to prove if in fact there were no improprieties to hide. Remember that prosecutors exercise considerable discretion in deciding whether to bring charges, and in making that decision they will assess not only whether the individual’s conduct and intent satisfies all the elements of the alleged crime, but also whether it feels like criminal conduct, whether the jury will be persuaded to convict.

Regarding Trump, if it seemed that Trump was acting only to block the investigation and prosecution of Michael Flynn’s individual acts of alleged wrongdoing, some of which themselves might raise questions about whether they warrant criminal charges, a prosecutor might hesitate (not to mention Congress, when considering the question of impeachment). Could the prosecutor persuade the jury that when Trump asked Comey to let the Flynn investigation go, Trump wasn’t just trying, in his bumbling Trump sort of a way, to put in a good word for Flynn? Could the prosecutor persuade the jury that in firing Comey, Trump had not simply concluded that Comey was badly mishandling the Russia investigation and had to be replaced by a more effective Director?

Many might think that the evidence is already sufficient to overcome such defenses, but the point is that absent some indication of a larger, self-interested, cover-up, the ultimate factfinders – whether they be on a jury or in Congress – might be more likely to give Trump the benefit of the doubt, grabbing onto these explanations as a way to excuse Trump’s conduct. And that is why the emerging collusion evidence could end up mattering so much to the obstruction inquiry. It has the potential to change everything. Suddenly, Trump’s actions to stop the FBI’s investigations, not to mention his incessant tweets and public statements about the Russia inquiries, feel much more sinister. [Continue reading…]

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When the Kremlin says ‘adoptions,’ it means ‘sanctions’

Amanda Taub writes: President Trump’s son Donald Trump Jr. initially defended his meeting with a Russian lawyer connected to the Kremlin during the 2016 presidential campaign by saying that it was primarily about adoption — a seemingly innocent humanitarian issue.

Reinstating American adoptions of Russian orphans certainly seems like a far less serious matter than a meeting about, say, the removal of United States sanctions on certain Russian officials.

But from the Russian perspective, whether the younger Mr. Trump and his associates knew it at the time or not, the issues of adoptions and sanctions are so inextricably linked as to be practically synonymous. (Mr. Trump said in a later statement that the lawyer, Natalia Veselnitskaya, had also promised to give him compromising information about Hillary Clinton.)

Understanding the connections between adoptions and sanctions offers a lens into the worldview and foreign policy goals of President Vladimir V. Putin of Russia, and into how even a meeting that really did focus primarily on adoption would also have been about much more. [Continue reading…]

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Trump’s trolls are waging war on America’s civil servants

Kate Brannen, Dan De Luce and Jenna McLaughlin report: On June 11, alt-right blogger Mike Cernovich published an article attacking an assistant to National Security Advisor H.R. McMaster, claiming the previously low-profile civil servant wanted to “sabotage” President Donald Trump.

The piece described Eric Ciaramella as “pro-Ukraine and anti-Russia” and alleged, with no evidence, that he was possibly responsible for high-level leaks. The response to the piece included online threats of violence against Ciaramella, which contributed to his decision to leave his job at the the National Security Council a few weeks early, according to two sources familiar with the situation.

Although the harassment was not the only factor, one of the two sources said they “distinctly got the impression” that the departure was premature, partially because of “right-wing” harassment.

Ciaramella is not alone. Cernovich, who claims his Twitter feed receives over 100 million views every month, has been relentless in his criticism of McMaster and those around him. Cernovich’s writings and tweets have included false information, but sometimes they include details that only someone on the inside could know. For example, his tweets about Ciaramella were so specific that they documented meetings and lunches the NSC staffer had with certain people.

After Ciaramella left the NSC, Cernovich turned his attacks on Twitter against his prospective successor, who has not been publicly announced.

Career civil servants often endure stressful working conditions, but in the Trump White House, some of them face online trolling from alt-right bloggers who seek to portray them as clandestine partisans plotting to sabotage the president’s agenda. The online attacks often cite information that appears to be provided by unnamed White House officials or Trump loyalists.

The trend has unnerved the career intelligence analysts, diplomats, security experts, and military officers who are accustomed to operating outside the political arena. Coupled with White House talking points accusing government employees of jeopardizing the country’s security through leaks to the media, the online abuse threatens to damage morale and politicize institutions long seen as impartial and above partisan combat. [Continue reading…]

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Climate change may make the planet too hot for humans sooner than you expect

David Wallace-Wells writes: It is, I promise, worse than you think. If your anxiety about global warming is dominated by fears of sea-level rise, you are barely scratching the surface of what terrors are possible, even within the lifetime of a teenager today. And yet the swelling seas — and the cities they will drown — have so dominated the picture of global warming, and so overwhelmed our capacity for climate panic, that they have occluded our perception of other threats, many much closer at hand. Rising oceans are bad, in fact very bad; but fleeing the coastline will not be enough.

Indeed, absent a significant adjustment to how billions of humans conduct their lives, parts of the Earth will likely become close to uninhabitable, and other parts horrifically inhospitable, as soon as the end of this century.

Even when we train our eyes on climate change, we are unable to comprehend its scope. This past winter, a string of days 60 and 70 degrees warmer than normal baked the North Pole, melting the permafrost that encased Norway’s Svalbard seed vault — a global food bank nicknamed “Doomsday,” designed to ensure that our agriculture survives any catastrophe, and which appeared to have been flooded by climate change less than ten years after being built.

The Doomsday vault is fine, for now: The structure has been secured and the seeds are safe. But treating the episode as a parable of impending flooding missed the more important news. Until recently, permafrost was not a major concern of climate scientists, because, as the name suggests, it was soil that stayed permanently frozen. But Arctic permafrost contains 1.8 trillion tons of carbon, more than twice as much as is currently suspended in the Earth’s atmosphere. When it thaws and is released, that carbon may evaporate as methane, which is 34 times as powerful a greenhouse-gas warming blanket as carbon dioxide when judged on the timescale of a century; when judged on the timescale of two decades, it is 86 times as powerful. In other words, we have, trapped in Arctic permafrost, twice as much carbon as is currently wrecking the atmosphere of the planet, all of it scheduled to be released at a date that keeps getting moved up, partially in the form of a gas that multiplies its warming power 86 times over.

Maybe you know that already — there are alarming stories every day, like last month’s satellite data showing the globe warming, since 1998, more than twice as fast as scientists had thought. Or the news from Antarctica this past May, when a crack in an ice shelf grew 11 miles in six days, then kept going; the break now has just three miles to go — by the time you read this, it may already have met the open water, where it will drop into the sea one of the biggest icebergs ever, a process known poetically as “calving.”

But no matter how well-informed you are, you are surely not alarmed enough. Over the past decades, our culture has gone apocalyptic with zombie movies and Mad Max dystopias, perhaps the collective result of displaced climate anxiety, and yet when it comes to contemplating real-world warming dangers, we suffer from an incredible failure of imagination. The reasons for that are many: the timid language of scientific probabilities, which the climatologist James Hansen once called “scientific reticence” in a paper chastising scientists for editing their own observations so conscientiously that they failed to communicate how dire the threat really was; the fact that the country is dominated by a group of technocrats who believe any problem can be solved and an opposing culture that doesn’t even see warming as a problem worth addressing; the way that climate denialism has made scientists even more cautious in offering speculative warnings; the simple speed of change and, also, its slowness, such that we are only seeing effects now of warming from decades past; our uncertainty about uncertainty, which the climate writer Naomi Oreskes in particular has suggested stops us from preparing as though anything worse than a median outcome were even possible; the way we assume climate change will hit hardest elsewhere, not everywhere; the smallness (two degrees) and largeness (1.8 trillion tons) and abstractness (400 parts per million) of the numbers; the discomfort of considering a problem that is very difficult, if not impossible, to solve; the altogether incomprehensible scale of that problem, which amounts to the prospect of our own annihilation; simple fear. But aversion arising from fear is a form of denial, too.

In between scientific reticence and science fiction is science itself. This article is the result of dozens of interviews and exchanges with climatologists and researchers in related fields and reflects hundreds of scientific papers on the subject of climate change. What follows is not a series of predictions of what will happen — that will be determined in large part by the much-less-certain science of human response. Instead, it is a portrait of our best understanding of where the planet is heading absent aggressive action. It is unlikely that all of these warming scenarios will be fully realized, largely because the devastation along the way will shake our complacency. But those scenarios, and not the present climate, are the baseline. In fact, they are our schedule. [Continue reading…]

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New facts in the potential criminal case of Trump campaign coordination with Russia

Bob Bauer writes: A Russian lawyer [Natalia Veselnitskaya] with ties to state owned enterprises and to a senior government official met with Trump campaign officials shortly in June of 2016, shortly after the nomination was decided. Donald Trump, Jr., the campaign manager Paul Manafort and the President’s son-in-law, Jared Kushner all attended the meeting. With Manafort’s presence in particular the connection to the campaign is clear.

The significance of this extraordinary meeting, now confirmed by Donald Trump, Jr. lies in the reason why the campaign agreed to it. According to a statement from Donald Jr., there was on the campaign’s part an “expectation” that the Russians would have negative information to offer about Hillary Clinton. The result, so Trump Jr. now claims, was disappointing: “It quickly became clear that she [the Russia lawyer] had no meaningful information.” He now dismisses her claim to have had this material as mere “pretext” for the meeting. The President’s son is admitting that the campaign arranged the meeting solely to get this information.

Trump Jr. suggests that he did not know of the Russian connection: he did not know the identity of the individual offering the information, including the fact that she was a foreign national. And he would have it believed that when he invited Kushner and Manafort to join the meeting, he did not tell them, because he did not know, that the lawyer was a Russian–or who she was. And, apparently, when she came in and introduced herself, the Trump campaign team was still uninformed about her identity and did not ask about it. Suffice it to say that this is a strange account and investigators will probe it deeply. And if there is any truth to it, it is not clear how much it helps Trump Jr. and his colleagues: one explanation for their ignorance of whom they were dealing with is “willful blindness,” which is not helpful to their legal position.

This new and remarkable information adds considerably to the potential criminal violation of the federal law that prohibits “substantial assistance” to foreign nationals seeking to influence a federal election. Now we have, as part of the public record, specific and private actions to establish intent to provide this assistance. Donald Trump can’t very well sustain his position that in calling for the Russians to find the missing email, he was merely joking. His campaign was furthering behind closed doors the objective that the candidate was “jokingly” professing. If confirmed and further developed in the Mueller investigation, these facts also bolster the campaign’s exposure to “aiding and abetting” liability for a campaign finance violation.

There are two additional grounds for that criminal liability: the campaign’s “coordination” with Russian foreign national sources, as a result of which it received an illegal contribution, and its “solicitation” of this illegal contribution, each of which independently violate the law.

A charge of illegal coordination is consistent with a conspiracy, aiding or abetting, or “substantial assistance” source of liability. It is the campaign finance law equivalent to what has been referred to in the public debate as “collusion.” In other words coordination is a legally prohibited form of collusion: spending by Russia, if coordinated with the campaign, is a contribution to the campaign. The contribution, of course, would be illegal. It is important to underscore here that this area of law applies to any and all coordinated spending beneficial to the campaign, not only to coordination with Russians, the Russian government, or other foreign nationals (think: Wikileaks). [Continue reading…]

Reuters reports: Donald Trump Jr., the president’s son, has hired New York lawyer Alan Futerfas to represent him in connection with Russia-related investigations, the lawyer and Trump Jr.’s office said on Monday.

Futerfas, a sole practitioner who specializes in criminal defense, would not say when he was retained or whether he had any input into the statements Trump Jr. made over the weekend about a meeting with a Russian lawyer.

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Jared Kushner tried and failed to get a half-billion-dollar bailout from Qatar

The Intercept reports: Not long before a major crisis ripped through the Middle East, pitting the United States and a bloc of Gulf countries against Qatar, Jared Kushner’s real estate company had unsuccessfully sought a critical half-billion-dollar investment from one of the richest and most influential men in the tiny nation, according to three well-placed sources with knowledge of the near transaction.

Kushner is a senior adviser to President Trump, and also his son-in-law, and also the scion of a New York real estate empire that faces an extreme risk from an investment made by Kushner in the building at 666 Fifth Avenue, where the family is now severely underwater.

Qatar is facing an ongoing blockade led by Saudi Arabia and the United Arab Emirates and joined by Egypt and Bahrain, which President Trump has taken credit for sparking. Kushner, meanwhile, has reportedly played a key behind-the-scenes role in hardening the U.S. posture toward the embattled nation.

That hard line comes in the wake of the previously unreported half-billion-dollar deal that was never consummated. Throughout 2015 and 2016, Jared Kushner and his father, Charles, negotiated directly with a major investor in Qatar, Sheikh Hamad bin Jassim al-Thani, known as HBJ for short, in an effort to refinance the property on Fifth Avenue, the sources said.

Trump himself has unsuccessfully sought financing in recent years from the Qataris, but it is difficult to overstate just how important the investment at 666 Fifth Avenue is for Kushner, his company, and his family’s legacy in real estate. Without some outside intervention or unforeseen turnaround in the market, the investment could become an embarrassing half-billion-dollar loss. It’s unclear precisely how much peril such a loss would put Jared’s or his family’s finances in, given the opacity of their private holdings. [Continue reading…]

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