Tag: Steele dossier

On Stormy Daniels and Problematic Storytellers

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You may not like or even care about Stephanie Clifford a.k.a. Stormy Daniels, but your reaction (or non-reaction) to her alleged affair with Donald Trump, possible violations of campaign finance laws, and threats made against her person may say a lot about you. (Image Credit: CBS News

Russian prostitutes and golden showers. If there is anything about the so-called Steele dossier with which you are familiar, most likely, it’s related to these kinds of salacious details/services that Donald Trump is alleged to have solicited at the Ritz-Carlton Hotel in Moscow in 2013. To be sure, there are more serious concerns to be had within the Trump-Russia dossier, ones pertaining to notions that Vladimir Putin and Russian operatives cultivated Trump as a candidate and means to disrupt Western alliances, that key members of the Trump campaign worked alongside Russian leadership to foster this relationship and to discredit Hillary Clinton, and that Trump and Co. negotiated deals which outlined a plan for Trump to lift sanctions on Russia and to remove Russian intervention in Ukraine from a list of campaign priorities in exchange for a stake in Russian oil. Very, very serious concerns.

Of course, these aspects of the dossier do not grab attention and headlines quite like lurid tales of peeing on beds as a way of thumbing one’s nose at Barack and Michelle Obama. What’s more, this scatological material and doubts raised by some critics as to the veracity of the dossier’s contents have made even those on the left who would characteristically jump at the chance to exploit such intel about Trump reluctant to do so. It is in this context that we may view the delicate relationship between those who demonize the President and his supposed affair with Stephanie Clifford, known more commonly to the world as Stormy Daniels, screenwriter, director, and pornographic actress. According to Daniels, she had a sexual encounter with Donald Trump after meeting him in 2006 when she was 27 and he was 60. Oh, and he happened to be married to Melania at this point, too.

Recently, Daniels was interviewed by Anderson Cooper for 60 Minutes, and while many of the details discussed may have been known to people who have specifically been following this story, having it unfold on national television lends itself to being talked about at the water cooler, or throughout the blogosphere or Twitterverse. Much of it, for better or worse, is entertaining. Daniels spanking Trump with a magazine with his own face on the cover. That the pair did not use a condom. Trump telling Daniels she reminded him of his daughter, Ivanka. (Creeper alert!) As with the Steele dossier, there are larger issues to be found within Stormy Daniels’ insider account, including but not limited to a $130,000 payment to Daniels facilitated by Michael Cohen, Trump’s lawyer, associated with the alleged signing of a non-disclosure agreement to keep this affair secret less than two weeks before the 2016 election (which may be part of a campaign finance violation), as well as threats of lawsuits and physical violence against Daniels if she did not comply or violated the terms of the agreement.

Again, there are elements of this story which people on both sides of the political aisle would find disagreeable, and thus would make Stormy Daniels a strange and uncomfortable bedfellow. Certainly, Trump loyalists will question Daniels’ credibility based on notions that she is leveraging her supposed encounter with Trump for fame and money, or that she claims to have lied about the affair never happening because she felt she was under duress or otherwise forced to; Anderson Cooper alludes to these thoughts of naysayers at different points during the interview. Meanwhile, on the other side of the fence, many Trump haters, though perhaps eager to discredit POTUS on matters of deficient moral fiber, are nonetheless gun-shy about invoking the words of a porn star when they may possess their own reservations about her character. There’s a separate discussion that merits having with respect to expression of sexuality in our society, especially for women, but suffice it to say that even discerning members of the left may view Daniels as a lesser-than who lacks real skill or talent, or worse yet, tantamount to a whore.

Even if we see less value than others do in Stormy Daniels’ chosen profession—though I have a number of concerns with aspects of the adult entertainment industry, I personally don’t see value in shaming sex workers, but you’re entitled to your opinion—and even if we question her motives in speaking out publicly about her affair with Donald Trump, whether or not she’s telling the truth about having sex with “the Donald” or being paid “hush money” or being threatened legally and physically is a separate issue. Jose Canseco may have cheated the game of baseball and its fans years ago by using performance-enhancing drugs, but when it came time to name names, a number of his accusations rang true. The genesis of Christopher Steele’s research into potential collusion of the Trump campaign with Russian leaders began with funding by the Clinton campaign for the sake of research, but this doesn’t necessarily mean that all of what Steele came back with is hogwash.

As for Daniels, her career involves people having sex on camera, and she stands to make more money as a result of being in the spotlight of late. But this has no bearing on how truthful her public statements are. Anderson Cooper—and likely scores of viewers at home—too questioned the motives of Daniels’ attorney, Michael Avenatti. Cooper noted how, in the past, Avenatti has done opposition research of his own for Democrat Rahm Emanuel, and how this type of case is not his usual cup of tea, suggesting to some that this involvement is politically motivated. Avenatti, for his part, said he has not been involved in politics in some 20 years, and that he took the case because Daniels is “credible” and “telling the truth.” Skeptical as we may be of that assertion, if the evidence bears out that what his client says about Mr. Trump and her is accurate, who are we to judge? Unless critical evidence is being hidden or manufactured, the truth is the truth and should be recognized as such, regardless of the source.

Stormy Daniels’ account of extramarital intercourse with the man who is the putative “leader of the free world” also makes for a compelling case study against the backdrop of the #MeToo and Time’s Up movements. In saying this, let me stress that Daniels is not a victim of sexual assault or other misconduct here, nor is she claiming to be; in the interview, Daniels was explicit about the idea the sex was consensual. If there’s any fault-finding to be done here regarding what transpired back in 2006, it’s on the side of morality, and that’s on the individual voter to decide how much (or little) he or she cares about what Donald Trump did before he was ruining the country as President. Still, it’s not as if Trump has been free of genuine allegations of unwanted advances and other impropriety along the lines of #MeToo and Time’s Up. Hell, the man was caught on tape boasting of his ability to exploit his status to cop a feel. That he is a philanderer doesn’t automatically make him a predator, but it doesn’t help recover his character either.

Yet more to the point, the uneasiness that bringing up Stormy Daniels’ name promotes—both among those who defend Donald Trump and those who want to see Congress vote to give him the ol’ heave-ho—intersects with concerns about defending “imperfect” accusers that existed long before advocates of victims’ rights were tweeting their outrage about systemic oppression. Should we value Daniels’ concerns about her image and about what really happened concerning the NDA less because she is an adult entertainer, thereby engaging in another form of “slut shaming?” Does the notion she accepted the $130,000 invalidate those concerns completely? Does her reluctance to bring threats made against her to the police also work to undermine her arguments? On top of all this, even if Daniels were a victim, would the public be putting her lower than, say, Ambra Battilana Gutierrez, one of Harvey Weinstein’s more recent victims (from 2015) and a key figure in his downfall, in their continuum of esteem simply because she (Daniels) is a sex worker?

These are seemingly problematic questions even for purported liberals and feminists, making it that much harder for women who tell their stories to find advocates when tabloids and other publications go out of their way to cast aspersions on their character. Battilana Gutierrez’s reward for shedding light on Weinstein’s misdeeds was a slew of negative press about her and her apparent blacklisting in terms of modeling gigs. Kathleen Parker, a nationally-syndicated columnist for The Washington Post, pulled no punches in her negative assessment of Daniels, underscoring the fact she is not a victim and that she could’ve resisted the advances of a man to whom she had no attraction, suggesting she is no more than an attention-seeker “whose principal purpose is to facilitate her audience’s onanistic gratifications,” and asking, point blank, “Who cares about Stephanie Clifford, really?” Jeez Laweez, Ms. Parker. She is a human being, after all.

Even if you, the reader, are not as brutal as Kathleen Parker in your condemnation of Stormy Daniels or as dismissive of the whole affair with Donald Trump, you might very well share her sentiment of “Who cares?” Particularly if we are subjecting this case to the “whatabout-ism” that evidently plagues today’s politics and political analysis, the encounter occurred 12 years ago—before Trump was President of the United States—and thus meriting a distinction from the antics of someone like Bill Clinton. By this token, it’s old news, and plus, nobody got hurt. Daniels got her money and is getting mainstream attention. Everyone wins, right? Besides, it’s not like this is apt to damage Trump in any substantial way. After all, for some of us, it’s pretty hard to like him any less than we already do, if we’re thinking ahead to 2020. Nor will this episode lead to his impeachment, even though that is a “careful what you wish for” scenario given that Mike “Tonight We’re Gonna Party Like It’s 1699” Pence is next in line.

Even the business of Michael Cohen facilitating a hush money payment to Daniels and potentially violating campaign finance laws is likely considered weak sauce to many. On the campaign finance side, as serious as the implications are for this scenario (recall the close proximity of Cohen’s payment to Election Day) and topic undermining democracy, election financing is not a sexy topic. Not when the fate of Dreamers remains uncertain or when people like Stephon Clark are getting shot 20 times by police or when high schoolers have to become activists on gun law reform because previous generations have failed to do their part. There are so many issues facing our country and our world today, and election laws, assuming we are even familiar with them or understand them, aren’t the attention-grabber that they could or perhaps even should be, another aspect of the political process about which to throw up our hands and “wish” we could change.

As for CBS’s decision to make the Stormy Daniels story its feature presentation on 60 Minutes, the network and the show’s producers are being criticized in their own right for their seeming opportunism. Sure, they may have delved into consideration of campaign finance law and possible infractions therein, but as some would have it, what they were peddling was, ahem, trumped-up smut that appealed to a lower common denominator. Stephen Galloway, executive editor for The Hollywood Reporter, indicates as much in a response piece to the Daniels interview’s airing:

Landing an interview with the porn star was a terrific scoop for Anderson Cooper, but it further lowered an already low bar on broadcast and cable. It was the kind of thing once reserved for the tabloids, until the dividing line between tabloid and mainstream vanished with the Monica Lewinsky scandal that came to light exactly a quarter-century ago.

Twenty-five years since the media indulged in an orgy of Lewinsky coverage, nothing’s changed for the better. The sordid and the squalid are still given priority over anything that might shape actual lives.

Sure, 60 Minutes tricked up its interview with talk of campaign finance and the legal risks to President Trump, just like all the news media that have been breathless in Daniels’ pursuit; but deep down, its producers knew we were looking for smut. We were eager for dirt, anxious to glean any detail of licks and tickles and bites. We wanted the licentious, the kind that Standards and Practices probably would never have permitted on the air.

There’s nothing wrong with that — to a degree. But in giving Daniels and her peers so much attention, TV is leaving no room for anything else. Switch on the evening news and you barely get a glimpse of the important events around the world. Turn on cable and it’s even worse: an endless recycling of the same three or four stories, with nary a sop to Brexit or the UN or the refugee crisis that’s upending nation states and devastating millions of lives.

Severe lack of confidence in the media, including cable news, has been brewing for some time now, and for what Galloway’s comments are worth, this TMZ-worthy fodder probably won’t help. Worse yet, Trump supporters probably see this story as further evidence of bias against Donald Trump and a deliberate attempt by the “liberal left” to take down the President. Such a reactionary attitude is reminiscent of the quip that it’s not paranoia if everyone is truly out to get you, but I’ll leave it up for you to decide whether or not CBS is merely trying to get a rise out of its viewers or is interested in pursuing legitimate news.

Going back to the subject of morality, what may be of greatest value with respect to the Stormy Daniels affair is any additional strain this puts on evangelicals and other Christians who contort themselves to defend “Two Corinthians” Trump despite his “lapses” and, while we’re keeping it 100, his ignorance of the Good Book itself. Christians, by and large, went hard for Trump in spite of his adultery, his less-than-fervent commitment to a “love thy neighbor” outlook, and his petty name-calling leading up to the 2016 election. To some, this is just another indication that many ultra-conservative Christians are hypocrites, the likes of whom are standing behind Trump because he defends their positions on abortion, “religious liberty,” and other matters of heightened importance to them.

Then again, it may be simply in the Christian spirit to forgive one for his or her trespasses. Of course, it would help this theory if Trump were to actually admit he has “sinned,” and not only does Trump refuse to acknowledge he had sexual relations with Daniels, but he apparently has commented that he doesn’t even find her attractive. This seems highly dubious, as anyone with a pulse seems more like his speed, but again, you can believe what you choose to believe.

Whether or not you care about whether or not Donald Trump cheated on Melanie with a porn star and later paid her off/threatened her is one thing, but why you care or don’t care is another. Discussions about how we regard Stormy Daniels and sex workers in general, how much importance we place on getting money out of politics, and whether morality matters in today’s politics are all worth having. For all the time spent watching what is captured through a camera’s lens, we should be turning the lens around and seeing what our own reactions say about us.

To view this post as it appears on Citizen Truth, click here. Citizen Truth is an independent and alternative media organization dedicated to finding the truth, ending the left-right paradigm and widening the scope of viewpoints represented in media and our daily conversations. For more on CT, please visit citizentruth.org.

The Memo Was Released, and Everybody Sucks

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Devin Nunes (left) authored a misleading memo on abuses of FISA protocol that is a blatant attempt to undermine the FBI and the Department of Justice. Adam Schiff (right) is critical of the memo and its motivations, as well as President Trump, but he voted with other Republicans to reauthorize Section 702 of FISA. In this respect, they both suck. (Photo Credit: AP)

While watching Super Bowl LII—and watching the Philadelphia Eagles win their first championship and defeat the New England Patriots’ evil empire (I may be a Giants fan, but the Pats are second only to the Dallas Cowboys on my hate list)—I saw a commercial that spoke to me. No, not the thirty seconds of black screen that befuddled a nation. No, not the myriad Tide commercials that made you think they weren’t Tide commercials until they were, and almost made you forget about people eating Tide detergent pods. Almost. Not the NFL commercial that saw Eli Manning and Odell Beckham Jr. dancing like they’ve never danced before. And certainly not the Dodge commercial that leveraged the words of Martin Luther King, Jr. to try to sell RAM Trucks. It was a commercial for CURE Auto Insurance, an auto insurance provider in New Jersey and Pennsylvania. No, not the one where its mascot, an anthropomorphized blue dot, calls Tom Brady and the Patriots dirty cheaters (essentially). The one where that blue dot says that GEICO and their gecko and Progressive Insurance and Flo, the most impossibly adorable insurance sales agent, well, both suck. It was shocking for its brazenness as well as for its use of mild language—CURE could just as well suck, and you or I wouldn’t know it unless we used their product and lived to tell the awful tale.

What stuck with me, though, is that these sentiments—”they both suck”—could well be applied to other contexts. Namely politics. The objections of CURE Auto Insurance to the likes of bigger names in GEICO and Progressive Insurance are not unlike that of independent/third-party objections to the dominance of the Democratic and Republican Parties in today’s political discourse. As with political affiliations outside the Democrat-GOP binary, it is not as if they don’t have skin in the game, so to speak; CURE wants you to believe that their smaller size will allow them to be more attentive to your needs as a consumer in order to bring you in as a customer, as those outside the Democrat-GOP binary would have you believe the two major parties have largely stopped listening to the wants and needs of their constituents and thus deserve your vote because they have your best interests in mind. In both senses, then, the aggrieved third party is selling something.

To the extent GEICO or Progressive is derelict in its customer service duties I cannot say or wouldn’t begin to speculate; according to J.D. Power’s 2017 survey, Amica Mutual reigns supreme in overall auto claims satisfaction with 5 of 5 stars (J.D. Power trophies?), while GEICO manages a 4/5 rating, and Progressive, a so-so 3/5. In the world of voter satisfaction, meanwhile, it should come as no surprise that neither the Democratic Party nor the Republican Party get high marks from the American public. In a January 2018 poll conducted by NPR/PBS NewsHour/Marist, while the Dems and GOP beat out Congress as a whole (8%) in terms of those who expressed “great confidence” in the institution, the 10% garnered by Republicans and the 13% managed by the Democrats fail to inspire in their own right. Moreover, if the fallout from the #ReleaseTheMemo drama has any impact on these figures, it’s only likely to depress them (and me in the process).

So, let’s talk about the Nunes memo, as it has been called. Its namesake, Devin Nunes, and other people who supported its release, insist it is not a political hit job. But come the f**k on—it totally is. Before I get too ahead of myself, let’s talk about what the four-page memorandum actually says:

  • The crux of the fault-finding within the Nunes memo revolves around how the FBI and Department of Justice came to warranting, under the Foreign Intelligence Surveillance Act, a probable cause order and authorizing electronic surveillance of Carter Page, a Trump campaign foreign policy adviser and a person of interest in the special prosecutorial investigation helmed by Robert Mueller for his possible role as an intermediary between associates of Donald Trump and Russian officials, potentially including pro-Trump interference on Russia’s part in the 2016 election. The memo’s contention is that it was not properly disclosed that the so-called Steele dossier, information compiled by former British intelligence officer and FBI source Christopher Steele and which formed a significant part of the basis for the initial FISA application and its three subsequent renewals, was paid for by Hillary Clinton’s presidential campaign to the tune of some $160,000, nor was it disclosed that law firm Perkins Coie and research firm Fusion GPS had facilitated this arrangement.
  • Also of apparent issue is Steele’s correspondence with the news media. According to the memo, the FISA application for Page’s surveillance heavily cited a September 2016 article by Michael Isikoff for Yahoo! News, which doesn’t corroborate the Steele dossier because it doesn’t have to—Steele spoke with Yahoo! and other outlets directly—and later spoke to Mother Jones for an October 2016 article by David Corn and revealed his identity. The bone of contention is that an FBI source shouldn’t be revealing his or her identity and compromising his or her usefulness as a source, and at the very least, that Steele should’ve made his media contacts evident for the purposes of the FISA application.
  • More on Christopher Steele: according to the Nunes memo and citing a documented account by Bruce Ohr, former Associate Deputy Attorney General of the DOJ, Steele’s involvement was about more than just the money. That dirty, dirty Clinton money. It was about his “desperation” and “passion” for Donald Trump not becoming President that he did his part regarding the dossier.
  • So, why is all this an issue? According to the memo, it’s because, as of January 2017 and per former FBI director James Comey’s own words, the Steele dossier was characterized as “salacious and unverified.” Also, did I, Devin Nunes, mention Steele was biased against Trump? Did you get that? Christopher Steele—Donald Trump—MASSIVE BIAS. Just wanted to make sure that was in there.
  • Somewhat surprisingly, the Nunes memo additionally mentions, while stating there is no evidence of cooperation between Carter Page and George Papadopoulos, another foreign policy adviser to the Trump campaign and someone who has already pled guilty to lying to the FBI, that an FBI counterintelligence investigation began in July 2016 by looking at Papadopoulos, not Page. Of course, the memo also goes on to indicate that FBI agent Pete Strzok and FBI attorney Lisa Page were not only knockin’ boots, but had indicated their severe BIAS! against Donald Trump, and furthermore, that in their texts, orchestrated leaks to the news media and discussed an “insurance” policy against Trump winning the election with FBI deputy director Andrew McCabe. McCabe announced his resignation from this post on January 29.

In the wake of the memo’s release, many independent observers commented on just how remarkably, well, unremarkable its contents are. In terms of bombshell revelations, Nunes’ memo is about as earth-shattering as was the Benghazi investigation and Hillary Clinton’s involvement; in other words, much ado about nothing. Additionally, scrutiny of the memo raises its own set of questions about the motivations behind its release. Let’s do our own dive into the arguments raised within its text:

  • The Clinton campaign paid for the research that compiled by Christopher Steele. And? So? At worst, this would seem like an issue with the process of securing a warrant for surveillance of Carter Page, but this says nothing of the veracity of Steele’s claims. It’s my understanding that opposition research is a standard part of politics in today’s day and age. At any rate, if the intention was to prevent Trump from winning, it didn’t serve that purpose, so what’s the big deal at this point? The Republican candidate won. Get over it.
  • Steele’s interaction with the media and his disclosure of his identity as an FBI source, if anything, seems like an internal matter for the Bureau to handle, not for Devin Nunes to publicly criticize. Again, this would seem to be an issue of process, and highlighting Steele’s failure to disclose this aspect only serves as a blatant attempt by Nunes and others to undermine the FBI’s credibility.
  • Devin, bruh—a lot of people don’t like Donald Trump at this point. Trump’s approval rating may have gone up recently, perhaps thanks in part to his State of the Union speech of which a majority of Americans approve, but it’s still a minority of Americans who give him a thumbs-up at this point. These allusions to anti-Trump bias just look like a cheap way to gin up his supporters for his—and possibly your own—political benefit.
  • The memo highlights Comey’s indication that the contents of the dossier were “salacious and unverified.” Not only have some aspects of the Steele dossier since been confirmed (or disconfirmed), however, but other elements are simply still unverified, not demonstrably debunked. The mainstream media may distance itself from its contents, but that may have as much to do with lurid tales of Russian prostitutes and “golden showers” as much as anything, not to mention Buzzfeed’s apparently reckless release of the associated information.
  • Last but not least, the notion that an FBI investigation into Russian meddling in American affairs began not with Carter Page, but instead George Papadopoulos, would seem to somewhat undermine the central theme of this memo: that surveillance of Page under FISA was based on faulty intelligence from an unreliable source. If Papadopoulos’ involvement with Russia was sufficient to spark an in-depth look, this works against the notion that Trump’s detractors or even Mueller and his associates have nothing besides the Steele dossier on which to go. Besides, once more, the memo doesn’t suggest the intel on Papadopoulos is false, but merely drags Pete Strzok and his “mistress”—yes, the Nunes memo actually refers to Lisa Page as such—as if to suggest that their affair makes them less than credible. This morality-based character assassination has no bearing on the validity of the case against either Page or Papadopoulos. Talk about salacious.

Donald Trump and his supporters see this as proof that the investigation into his possible ties to Russia, including orchestrating interference in the 2016 election on his behalf, is nothing but a witch hunt. Fake news. Then again, Trump especially would say this. For many discerning onlookers not already blinded by loyalty to Pres. Drumpf, though, the public release of the Nunes memo—which was only made possible because the White House opted to declassify its contents, mind you—is intended primarily to erode confidence in the intelligence community and the Mueller investigation so that it will seem like a natural consequence that Deputy Attorney General Rod Rosenstein is fired, his successor is named, and that individual can get rid of Robert Mueller. Because Trump and his associates are innocent. And all around him, people are heavily BIASED against him. SO MUCH BIAS. PUTTING THINGS IN ALL CAPS MAKES THEM MORE BELIEVABLE.

Both the Democrats and the bulk of the U.S. intelligence community were highly critical of the use of classified information in this way. Adam Schiff, Democratic member of the House of Representatives for the state of California and ranking member of the House Intelligence Committee—or “Little” Adam Schiff, in Trumpist parlance—CC’d on the release of the original memo, for one, asserts that the information included in the memo is cherry-picked in a manner designed to create a narrative that makes the President look like a target of a conspiracy. Not to mention its contents, it should be stressed, do not exonerate Pres. Trump, but merely cast aspersions on the reliability of the FBI, DOJ, and relevant sources.

Even if the revelations within are fairly tepid, meanwhile, the implications of the executive branch and members of the legislative branch of the federal government going after the American intelligence community are such that we of the rank-and-file persuasion should be concerned regardless of our political affiliation. As even some Republicans, including high-profile party members like John McCain, would insist, this interparty and interoffice conflict does Vladimir Putin and Co.’s work for them in sending public confidence in our political institutions downward yet further. This is not to say that FBI agents and DOJ personnel shouldn’t be held accountable for any misdeeds on their part, or should be afforded too little oversight owing to the broad notion that information related to investigations may be “sensitive.” By the same token, when Trump can take wild swings on Twitter at officials under his purview—including heads of agencies installed on his watch—and the media and its consumers can report and digest this all without batting an eye, one may get the sense we’re on shaky footing as a nation indeed.

President Trump’s tiff with Adam Schiff—the Schiff Tiff, if you will—and the resistance Nancy Pelosi showed in a marathon speech on the House floor in an effort to bring attention to the fate of Dreamers after the Senate reached an agreement on the terms of a budget proposal without any assurances that the immigration issue will be taken up in the near future, make for appealing political theater. The hullabaloo about the Nunes memo, meanwhile, paired with the recent vote to reauthorize FISA Section 702, makes leaders on both sides of the political aisle hard to support. On the Republican side of things, I was already predisposed to think less of Paul Ryan, but his defense of the release of the memo as standard operating procedure for Congress is disingenuous and cowardly when numerous GOP House members are either publicly criticizing Devin Nunes or abandoning ship by refusing to run for re-election in the midterms. On the Democratic side, meanwhile, Pelosi and Schiff’s public censure of Donald Trump and his Republican brethren rings hollow when they’re voting alongside their GOP counterparts to extend the surveillance powers of a President they deem to be untrustworthy. For their part, Senate majority leader Mitch McConnell and minority leader Chuck Schumer should be held accountable for this vote as well, the latter in particular. If 34 senators could say “Nay”—including seven Republicans—he could’ve joined his fellow New York legislator Kirsten Gillibrand in doing so.

This all makes for a disappointing backdrop to the larger conversation about American foreign policy alongside the country’s military and intelligence capabilities. Amid reports that Russian hackers were able to penetrate several state voter rolls in advance of the 2016 election and that the Pentagon has been told by Trump to plan a military parade that could cost us upwards of $20 million—you know, just to show how great we are—we discerning consumers are left to wonder just how devoted Congress, the President, or the media is to safeguarding our best interests. The memo was released, and everybody sucks. If these events aren’t a call for new leadership across the board, I don’t know what is.

Meanwhile, Congress Extended Warrantless Surveillance and Rolled Back Dodd-Frank…

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For all the back-and-forth that made headlines leading up to and during the government shutdown, it’s when Democrats, Republicans, and even Trump have agreed in recent times that inspires a feeling of dread. (Photo Credit: Win McNamee/Getty Images)

As I have emphasized on this blog and as numerous other concerned members of the Resistance would offer, when something crazy is going on in national news and politics—which these days unfortunately seems to disproportionately involve President Donald Trump and his embarrassing conduct—it merits watching what is going on when Congress actually gets around to advancing and/or passing legislation through the House and Senate. To be sure, there have been a fair amount of distractions recently that have dominated headlines and have made this task more difficult. Probably the biggest topic on everybody’s minds was the President’s alleged use of the word “shithole” in describing countries like El Salvador, Haiti, and various African countries that are less savory as sources of immigrants than, say, Norway. I say “alleged” because several Republican lawmakers present for the meeting and DHS secretary Kirstjen Nielsen have denied that he used that word. But come on—you know they’re full of shit. Even with a distraction like this, there’s another layer of distraction built in. Yes, Trump used a bad word, but the more important notion is Trump insinuated that it would be better if we accepted people from a country where white people are the majority as opposed to countries where black or brown people are the majority. Never mind that Americans are more likely to immigrate to Norway than the other way around because people who live there enjoy a high standard of living, universal health care, and generally are among the happiest individuals on Earth. The implication was clear to those who understand Trump has basically been a white supremacist’s wet dream since he started running for office.

Otherwise, there were more salacious accounts involving Trump’s personal life, specifically that he was having an affair with then-porn star Stormy Daniels while he was married to Melania back in 2006, and that, so as to not undermine his political chances or damage his brand or what-have-you, his lawyer formed a shell company in 2016 to negotiate the payment of $130,000 so that she would not disclose details about their relationship. Even though Daniels apparently did tell a number of details about it back in 2011 when interviewed by In Touch Weekly magazine—including the revelation that Trump is obsessed with sharks and hates their shark-y guts. Not a particularly damning revelation, mind you, but just entertaining. Why we haven’t heard or likely won’t hear more about it is perhaps puzzling—Chris Cillizza of CNN surmises it is likely because Trump’s camp has denied any connection between Trump and Daniels, people don’t want to be involved with anything even tangentially related to porn (at least where prying eyes might see), that we’ve heard it all about Trump already, or all of the above—but regardless of the profile of this story, it seems like pretty reprehensible behavior on Trump’s part from a moral standpoint, and pretty ethically inexplicable from a legal standpoint if there wasn’t any legitimate reason for Daniels to be getting $130K (and why wasn’t it $150K—that’s a much nicer “round” number than $130K, no?).

On top of this, there was the drama involving the government shutdown, which wasn’t so much of a “distraction” given that there were real consequences for this happening, but the partisan squabbling it encouraged was realistically more theatrical than anything. Democrats expressed their concerns about the level of funding for the Children’s Health Insurance Program (CHIP) and for the level of protection for “Dreamers” under Deferred Action for Childhood Arrivals (DACA). Republicans were outright blaming the Democrats for this mess and used military pay as a bargaining chip, alleging that the Dems held these all-important monies for our uniformed men and women hostage. Donald Trump kept insisting that someone needs to pay for a border wall. All the while, fingers were being pointed in every direction—with most Americans pointing back at Congress for not being able to strike a deal or by tying the DACA issue to the budget resolution issue, even if Democratic, Republican, and independent voters alike broadly support an extension of DACA. In short, and after the fact, no one looks good as a result of this, and for all his past criticisms of President Obama in presiding over shutdowns, it looks especially bad for Trump now that he has encountered one in just a year or so since he began his tenure—and with both the House and Senate under GOP control, no less.

All this, and we haven’t even gotten to the #ReleaseTheMemo business that conservatives have had on the tip of their tongue of late! Congressional Republicans have been alluding to a memo in Devin Nunes’ possession that outlines Obama-era abuses of the Foreign Intelligence Surveillance Act (FISA) by the FBI and Department of Justice, specifically as it regards investigation into Russian influence in the 2016 presidential election. Worse than Watergate, they claim! It is with this final distraction that I’ll bring in a recent piece by Matt Taibbi of Rolling Stone for an excellent contextualization—as he is wont to provide—of this particular instance of click-bait news. Taibbi starts by saying what most reasonable observers have put forth: that if the memo is really as jaw-dropping as outspoken Republicans have made it out to be, then by all means, it should be released. At the same time, though, as Taibbi argues, if this material truly exonerates Donald Trump of any wrongdoing re Russia, why hasn’t the man himself released it? After all, Trump, um, is characteristically not afraid to share. From the article:

By all means, if the memo is important (although I doubt it) let’s let the public see it. But followers of this story should also remember that if this or any classified document somehow exculpates Donald Trump on any front, he’s had the power all along to declassify such information. Why Trump hasn’t done so on a number of these occasions has been one of the enduring mysteries of this affair. It’s given pause to even the most hardened Russiagate skeptics.

This includes people like former federal prosecutor Andrew McCarthy of the National Review. McCarthy has been highly critical of the Robert Mueller investigation, but has also repeatedly wondered why Trump is not lifting the veil on some of these documents. One of the few figures in the media to explore holes in Russiagate theories propagated by both sides, McCarthy had this to say in August:

“I can’t get past a nagging question: Why must we speculate about whether the Obama administration abusively exploited its foreign-intelligence-collection powers in order to spy on Donald Trump’s political campaign? After all, Trump is president now. If he was victimized, he’s in a position to tell us all about it.”

At the very least, it’s food for thought, and prompts Matt Taibbi to label the #ReleaseTheMemo fervor “curious and disingenuous at best.” (Also not helping this case: that this hashtag has been linked to Russian bots that have helped to get it trending on Twitter.) At the same time, Taibbi indicates that it’s not like individuals on both sides of the political aisle haven’t been working to obscure what the sources of their information on Russia may be. Already, given its history of attention-grabbing details like lurid tales of Russian prostitutes and “golden showers,” and the subsequent backlash it received for having the likes of Buzzfeed break the news unconfirmed, the Steele dossier, for one, has not necessarily been something the mainstream media wants to acknowledge as informative of the investigation into Trump’s affairs. In other words, there’s much confusion and misdirection about what people know and how they know it re Russia, and thus far, it has mostly amounted to nothing more than additional confusion and tedious back-and-forth accusation, as it did with the shutdown.

The main thrust of Taibbi’s article, meanwhile, and getting back to the notion of these events as distraction and theater, is that while all this political brinksmanship was going on, important legislation with serious implications was being passed, aided by Democrats crossing that proverbial aisle. The first, coincidentally, involves FISA. Specifically, the House and Senate passed an extension of Section 702 of the Act, which lets the U.S. government obtain the communications of foreign nationals outside the United States without a warrant. Per the language of the law, intelligence agencies are not permitted to target U.S. citizens or nationals, or to use the power of Section 702 to surveil individuals on American soil. Groups like the American Civil Liberties Union and other civil liberties-minded organizations, however, have expressed doubts about how this program may be used and abused. The ACLU, in particular, enumerates these charges concerning the deleterious effects of Sec. 702:

  1. Section 702 allows warrantless surveillance of people inside and outside the U.S.
  2. Despite the fact that the law is not supposed to be used to target Americans, the government has been doing just that for years.
  3. Information collected under Section 702 could be used against you, and you likely wouldn’t know.
  4. Section 702 is used to examine communications flowing in and out of the U.S. in bulk.
  5. Surveillance programs have been abused by the intelligence agencies.
  6. There is little that prevents Section 702 from being used against critics, activists, religious minorities, or communities of color.
  7. The program is not subject to any meaningful judicial oversight.
  8. The government has deliberately chosen to hide the impact of the program from the public.
  9. Section 702 surveillance chills freedom of speech and association.

There are more detailed explanations for each of these items on the ACLU page linked to above, but suffice it to say, there are legitimate concerns about how broadly Section 702 may be used to capture information that is relevant to “foreign intelligence”—a distinction that is subjective and seemingly intentionally vague—how this sensitive information may be stored in databases for undetermined lengths of time, how political or even personal enemies may be targeted by intelligence community members as an abuse of their privilege, how legal procedure may be circumvented in the name of “anti-terrorism” efforts, and how so few data have been made clear to interested parties regarding the surveillance of Americans and the usage of their online communications. Liberal or conservative, it creates trepidation on the part of the average telephone/mobile/Internet user-consumer, and perhaps worst of all, it feeds the narrative of the “deep state” on the right that undermines even the best-intentioned government actions. But, by all means, let’s have more conspiracy theories!

As Matt Taibbi submits, too, it may be patently self-defeating to reauthorize the “virtually limitless surveillance powers of this president” when many suspect him to be aided or compromised by Russia. Which makes it all the more frustrating—at least to me—that Democrats like Nancy Pelosi and Adam Schiff would vote for an extension of Section 702 of FISA when they have publicly expressed their doubts about Trump. Taibbi explains what is likely behind this “yes” vote from key House Dems:

This is a classic example of something that’s been axiomatic in Washington for ages: that both parties tend always to be interested in expanding executive power, no matter who’s in office or what the political situation. In this case, the principle of expanding presidential authority outweighed even concerns of abuses by the likes of Donald Trump.

Or, perhaps to put this another way, yes, let’s give the executive more power so we can exploit it when our party is in the White House. As tends to be the case in the world of politics, moral objections are relative to how many seats you control and whether or not your side is in the Oval Office.

The other piece of legislation which stands to get through the Senate, notably with the help of several Democrats, and which is equally if not more concerning, is the rolling-back of regulations provided for by the Dodd-Frank Wall Street Reform and Consumer Protection Act, already criticized for not going far enough to do either of its stated objectives. The list of Democratic co-sponsors to the so-called Economic Growth, Regulatory Relief and Consumer Protection Act, which was released on December 5 of last year, reads like a who’s who of irritatingly moderate Democrats. Michael Bennet. Joe Donnelly. Heidi Heitkamp. Tim Kaine. Angus King, who technically is an independent, but let’s give him, ahem, credit where credit is due. Joe Manchin. Claire McCaskill. Gary Peters. Jon Tester. Mark Warner. These are self-professed Dems from states like Colorado, Montana, Virginia, and West Virginia in which being a centrist on matters of regulation of business appears to be a self-preservation move more than anything. Unless, as Taibbi suggests, they were either tricked or wooed by lobbyists for the banks. Here’s what he had to say on the matter:

In another bizarre episode, at least ten Senate Democrats recently crossed the aisle to support a rollback of key provisions of the Dodd-Frank banking reform bill, the killing of which of course has long been a major policy goal of Trump’s. The Dodd-Frank bill story is particularly disturbing, because it signals a rare potential area of consensus amid the otherwise reassuringly dysfunctional three-headed monster that is the lunatic Trump, establishment Republicans, and Democrats.

The bill has been pitched as aid and regulatory relief to small banks and credit unions. Such groups are the widows and orphans of financial reform: nobody’s ever against helping them, which is why even giveaways to Wall Street behemoths are often dressed up as aid to regional bankers. The Dems who crossed the aisle to support the Dodd-Frank rollback bought into the lobbyist-flogged idea that Too-Big-To-Fail banks have too many punitive regulatory requirements, and moreover that “smaller” companies (i.e. firms with less than $10 billion in assets) should be exempt from the already watered-down Volcker rule, which prevents depository banks from gambling for their own accounts.

One of the main ideas behind the proposed bill, which passed the banking committee 16 to 7, is changing the definition of a “Too Big to Fail” institution from having $50 billion in assets to having $250 billion in assets. This quintupling of the size limit would mean a number of huge companies would now enjoy relaxed capital requirements and other benefits. Only about 10 companies would be left to face the more stringent rules.

Why is this a concern? Only because it would increase the risk of another financial meltdown like we had ten years ago. As Taibbi and others argue, de-concentrating financial power by breaking up the big banks and by forcing them to separate banking and investing (read: sanctioned gambling) activities helps to mitigate this risk. Besides, if you’ll recall, it was taxpayers who bore the brunt of the last recession, but absent more stringent rules to keep Wall Street and the financial industry in check, there’s no guarantee another crisis won’t manifest. And once more, we would be the ones called on to bail out the big companies who played fast and loose with our money—not the other way around.

As Taibbi frames this, this is Congress in a nutshell: they fight publicly over something that’s “irrelevant, inaccurate, or far from a resolution,” only to have a consensus group advance a bill that is highly important/relevant, but “unsexy” and unlikely to garner the same attention, or even the kind of attention it merits. For the liberal progressives among us, this is a decidedly poor modus operandi.

Even as distraction, the three-day “kerfuffle,” as Matt Taibbi called it, over the shutdown was particularly galling to many on the left because the Democrats made a deal without any real assurances from Republicans that voting on a new DREAM Act would be taken up in the near future. Oh, sure, Mitch McConnell swore there would be, but trusting Mitch McConnell is like the fabled frog trusting the scorpion not to sting it as they cross the river—the scorpion will sting because that’s its nature, and McConnell will back out of his promise because he, like our President, is a lying sack of shit. Of course, Chuck Schumer didn’t waste much time backing out of certain terms either—after initially indicating prior to the end of the shutdown that a border wall would be on the table as part of forthcoming negotiations, he apparently pulled a 180 and made it clear the wall was no longer on the table. Psych! Regardless, after Donald Trump and congressional Republicans were done lambasting the Democrats for causing the whole government shutdown, the relatively short duration of the shutdown dovetailed ever nicely into jabs from conservatives that the Dems “caved” on the issues at hand. Name-calling though it might be, it’s hard to disagree with this assessment. The fate of Dreamers and the wall are still sticking points, and once more, the can has merely been kicked down the road noting that this resolution is merely a temporary budget fix.

Not that this necessarily means a huge deal, but if Americans are disappointed and embarrassed by this particular episode in U.S. politics, you can just imagine what the world thinks of us—distractions and all. Zack Beauchamp, writing for Vox, researched this very topic, and was struck by one prevailing theme which emerged from the responses he received from international observers: that there is something profoundly wrong with the American political system. For those looking on in Canada, France, and even the United Kingdom, with whom there yet remains some sympathy for our backward ways, there is cause for both concern and vague deprecation. For less understanding authoritarian regimes and otherwise tightly-run states, there is outright glee that America’s government can descend into chaos so easily, and unfounded as the claims may be, the shutdown makes us look weak, suggesting to some that Western democracy is fundamentally flawed (hello, Chinese propaganda!) or that the shutdown is pure theater to distract from the Democrats’ conspiracy theories about Trump’s ties to Russia (hello, Russian propaganda!). All these reactions without having to mention golden showers, shitholes, or Stormy Daniels. Jeez—has it only been a year so far? It feels more like ten with all the nonsense that’s gone on heretofore.

To reiterate, though, this goes back to the notion of distraction. For all the blaming and finger-pointing that went on this past week, where consensus has been achieved, yet worse consequences stand to be realized. The extension of Section 702 of FISA, as noted, is concerning to liberals and libertarians alike, and the continued collective kowtowing of Congress to “Too Big to Fail” institutions and Wall Street alumni is seeming proof that both parties work first for their benefit, and get to our concerns if and when they have the time and wherewithal. If you think a three-day shutdown is bad, just wait until the next economic nosedive, something that arguably is less a question of if and more a question of when.