Nel's New Day

February 20, 2019

First Amendment Contorted by Love for Saudi Arabia, Clarence Thomas

Remember Jeff Bezos? For a week, the media focused on his “junk,” his battle with the National Enquirer, and his search for the person who ripped off his photos and documents such as texts and emails. Turns out that the guilty person is Bezos’ girlfriend’s gay brother. Then Bezos generated more media buzz when he pulled the Amazon headquarters from New York City, much to the disgust of some and delight of others.

The Bezos scandal highlighted the tie between the Enquirer and the Saudi government through Bezos’ letter to AMI, the owner of the tabloid. In its mandate that Bezos state he had “no knowledge” that the Enquirer’s coverage of his affair was “politically motivated or influenced by political forces,” people guessed that the issue was Dictator Donald Trump (DDT). David Pecker, AMI’s owner and DDT’s close associate, had an immunity deal with the DOJ for their criminal suppression of stories about DDT during his campaign, paying people for stories and then not printing them. Karen McDougal’s alleged affair with DDT was one of these articles that were killed before the election.

But Pecker may wanted the Washington Post, owned by Bezos, to stop printing negative news about Saudi Arabia. Pecker used his ties with DDT to cultivate Crown Prince Mohammed bin Salman (MBS) for business opportunities, including borrowing money to buy major publications such as Sports Illustrated, Time Magazine, Fortune, and Money.  magazine. AMI’s 97-page glossy propaganda about Saudi Arabia and featuring MBS on the cover sold at Walmarts across the nation as part of Pecker’s pandering.

Jamal Khashoggi, U.S. resident and journalist, worked for the WaPo, and his writings were highly critical of MBS. Before the Saudis tortured and dismembered Khashoggi, MBS had said that he would use a “bullet” on Khashoggi if he got the chance, according to WaPo reporting. On the same day the Wall Street Journal wrote that MBS was actively enlisting U.S. media outlets to remake his image in the West and met with Vice Media co-founder Shane Smith on a yacht to discuss “an international media empire to combat the kingdom’s rivals and remake its image in the West.”

“For reasons still to be better understood, the Saudi angle seems to hit a particularly sensitive nerve,” Bezos wrote. Former longtime Enquirer editor Jerry George said that Pecker was using Bezo’ damaging photos and documents as bargaining chips. As the story unraveled, Pecker failed because Bezos refused to give into blackmail. George cited AMI’s pro-Saudi propaganda as “suspicious” because the company was “cash poor” and “suddenly” got an “influx of cash.” He suggested that “there’s another shoe to drop,” referring to Robert Mueller’s investigation into “the Saudis’ role in all of this.” A restriction of AMI’s immunity included the company staying out of politics, and WaPo revealed that the company may not have lived up to its promises.

Last year, AMI contacted the DOJ to see if the company should register as a foreign agent but said that it didn’t get any Saudi funding for their Saudi propaganda. The DOJ said probably not, but AMI wrote that a Saudi adviser submitted content for its publication and then made changes to the final version after receiving an early draft. AMI’s extortion of Bezos has brought its relation to the Saudis has brought the issue back into visibility.

DDT, who denied his own intelligence showing that MBS was responsible for Khashoggi, now faces an investigation by House Democrats about DDT’s illegal push to sell nuclear power plants to Saudi Arabia over objections by national security officials and attorneys, a plan that may have directly benefited his son-in-law, Jared Kushner. Despite warnings of “potential conflicts of interest, national security risks and legal hurdles” in 2017, Energy Secretary Rick Perry and other DDT employees push for the sales. DDT plans to bypass Congress with an illegal technology transfer that can spread nuclear weapons throughout the Middle East.

Former national security adviser Michael Flynn, who pled guilty of lying to the FBI, was an early advocate for these sales after DDT’s inauguration and recommended that Barrack, who raised $107 million for DDT’s corrupt inaugural committee, be a special representative to carry out his nuclear plan. Appearing to be from DDT, a memo told federal agencies to do Barrack’s bidding.

The House reports Flynn’s working with retired military officers to circumvent U.S. law. After he resigned, the National Security Council continued with its plan in opposition to advice from its own ethics counsel. The next adviser, H.R. McMaster, said that the illegal work must stop, but McMaster left almost two months ago. Robert Mueller’s ongoing investigation has examined the possibility of Middle Eastern monarchies financially influencing DDT’s political activities, starting with his presidential campaign. Congress has not look at claims about the nuclear sales until this year because of GOP control.

In more First Amendment issues, the Covington Catholic High School (KY) teenager who appeared to harass Nathan Phillips, a Native American elder and veteran, is suing WaPo for $250 million. The defamation lawsuit alleges that the newspaper “engaged in a modern-day form of McCarthyism” and “wrongfully targeted and bullied” the “innocent child” Nick Sandmann. According to his lawyers, Sandmann is suffering from “the pain and destruction its attacks would cause to his life.”

The lawsuit reads like a political polemic:

“[The Post wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President…. [The Post’s coverage was] in furtherance of its political agenda … carried out by using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles which effectively provided a worldwide megaphone to Phillips and other anti-Trump individuals and entities to smear a young boy who was in its view an acceptable casualty in their war against the President.”

Earlier this month, the Sandmann lawyers sent letters warning litigation to over 50 media organizations, celebrities, and politicians. As the wealthiest man in the world, WaPo owner Jeff Bezos has the most money and is considered DDT’s biggest media enemy, and the $250 million is the same amount that Bezos paid for the Post in 2013. Nick’s parents, Ted and Julie Sandmanns, say they want to “teach the Post a lesson it will never forget.” They argue that Nick is not a public figure, lowering the bar for winning their lawsuit.

While Nick was described as a “child,” the lawsuit calls Nathan Phillips “a phony war hero” who “targeted and bullied” Sandmann. Phillips said that Sandmann and his peers from Covington surrounded him after he tried to stop possible violence between them and a few Hebrew Israelites. About Sandmann’s comment on the Today show, Phillips used the terms “insincerity, lack of responsibility”—“coached and written up for him.” About the encounter, Phillips said that he was trying to get out of an ugly situation. “That guy in the hat [Sandmann] stood in my way, and we were at an impasse.” Phillips added, “Then I went to go pray about it …. I forgive him.”

The Sandmanns may find support in their war on freedom of the press from Supreme Court Clarence Thomas. He hopes to attack the media through his proposal to reconsider the 1964 case New York Times v. Sullivan which determined that public figures must have greater proof to claim libel. Thomas’ “roadmap” to  helping DDT’s change in libel laws permitting him to sue news organizations came after Thomas and his far-right activist wife Ginni Thomas had dinner with DDT and his wife Melania Trump. Trump’s pledge to change libel laws so he can sue news organizations for their reporting.

Last Tuesday, Thomas expressed concern about the high court’s refusal to hear an appeal from Katherine McKee, who claimed Bill Cosby’s lawyer leaked a letter that distorted her background and damaged her reputation after she claimed that Cosby raped her. Lower courts cited the Times v. Sullivan precedent in dismissing her case with the justification that disclosing her accusation required her to meet a higher libel standard of malice that applies to public figures. The decision to not take the case was unanimous, but Thomas wrote a sole opinion that the 1964 case was wrongly decided.

Since 1964, public officials can sue for libel only if the person responsible for the statement knows that the statement is false or if the person recklessly disregarded its falsehood. Subsequent Supreme Court cases have added all public figures to public officials to protect journalists and media organizations from intimidation by wealthy and/or powerful public figures wishing to exploit minor errors in reporting. That Supreme Court decision protect the media reporting on Thomas sexual harassment by Anita Hill. Thomas, who claims to be an originalist, following only the word of the U.S. Constitution and not its meaning, said, “We should carefully examine the original meaning [of the First Amendment.]” An early interpretation of this right, as shown by the first Sedition Act in 1798, was that the government could punish any published story, and the Sedition Act still exists. If the Supreme Court supports Thomas, the First Amendment could disappear.

March 5, 2017

Trump: ‘Deflector in Chief’

“The time for trivial fights is past.” – Dictator Donald Trump (DDT) during his first address to Congress last Tuesday evening.

donald-trumpDDT’s semi-presidential appearance didn’t last long. Left without his keepers at Mar-a-Lago this weekend, DDT worked to deflect all his bad press resulting from this week’s scandals about Russia about that country’s participation in the presidential election with angry, libelous tweets. Between his rants about firing Arnold Schwarzenegger were accusations about President Obama tapping his phones at the Trump Tower. The adolescent sending the tweets couldn’t even spell “tapp” correctly: he gave the word an extra p. The excuse his handlers gave DDT was a vague statement in fake Breitbart news about Barack Obama’s “police state” tactics. With no evidence, could be sued for libel, disseminating damaging false information.

Rep. Ted Lieu’s (D-CA) summary of DDT’s problems:

“Either @realDonaldTrump is paranoid like Nixon, or judge found probable cause of crime for #wiretap. Either way our President is in trouble.”

Sen. Chuck Schumer (D-NY) said:

“It’s beneath the dignity of the presidency. It is something that really hurts people’s view of government.”

Growing concern has developed because DDT will be hosting Angela Merkel next week after accusing her of “ruining Germany.” Schumer echoed Lieu’s conclusion about the allegations either being false or providing probable cause to search for broken laws.

Rep. Nancy Pelosi (D-CA) described DDT as “deflector in chief.” She said about DDT’s accusations:

“It’s called a wrap-up smear. You make up something. Then you have the press write about it. And then you say, everybody is writing about this charge. It’s a tool of an authoritarian.”

Two issues about Russia that DDT wants to conceal are the way that his new AG, Jeff Sessions, committed perjury in saying that he had no communication with the Russians and the question of whether a special prosecutor should be assigned to address DDT’s campaign involvement with Russia instead of letting the partisan Congress investigate the matter.

Concerns about Russian involvement in the campaign has been released in dribbles and drabs for almost a year as DDT continued to express his unadulterated admiration for Vladimir Putin as a leader. The most recent activity before DDT’s tweet was when Sessions tried to jump out of the frying pan by finally recusing himself from any investigations into the FBI and hoping to save himself from resignation. He’s in a risky situation because Sen. Al Franken (D-MN) wants Sessions to go back to the Senate to explain his statements made earlier under oath.

sessions-putinSessions’ problems began when he answered a question that no one asked him. Franken asked Sessions what he would do as AG if the connections between DDT and Russia were true. Sessions didn’t answer that question, but he said that he had “been called a surrogate” in the campaign and that “I did not have communications with the Russians.” By now the media has made clear that his answer was not true (aka a lie) because he met with Russian Ambassador Sergey Kislyak twice while the White House was working on sanctions against Russia. When these meetings were publicly revealed, Sessions said he couldn’t remember if he talked politics with the ambassador. Russia is now in control of Sessions’ future because the ambassador can blackmail him. Saturday Night Live opened with a spoof about Sessions, played by Kate McKinnon.

Franken sent a letter to Sessions telling him that his not mentioning Russian involvement in the election “strains credulity.” The letter asked why Sessions had failed to mention the communication and what all his and his staff members’ communications with “Russian officials and their associates during the presidential campaign of 2016” are. As Franken wrote:

“If it is determined that you lied to the [Judiciary] Committee and the American people under oath during your confirmation hearing, it is incumbent upon you to resign from your position as attorney general.”

DDT’s response to Sessions’ recusal was a “ballistic” rant in which he used “a lot of expletives” and “nobody has seen him that upset.” That may be the reason that Steve Bannon and Reince Priebus didn’t go to Florida with DDT—thus the tweets. And DDT’s demand for a special prosecutor into the non-existent wiretaps. Rep. Devin Nunes (R-CA), who has consistently maintained that there’s no need for an investigation into Russia’s involvement in DDT’s campaign, said that the Intelligence Committee “will make inquiries” as per DDT’s demand. On the other hand, FBI Director James Comey asked the Justice Department to publicly reject DDT’s claims about the former president’s wiretaps of Trump Tower.

Democrats—including seven of the nine on the Senate Judicial Committee—are calling for a special prosecutor into Russian interference while Republicans continue to squirm about its possibility. Doing so would allow a nonpartisan person instead of an acting deputy attorney general to leads an investigation. DDT’s nominee for that position, Rod Rosenstein, could be asked about a commitment to naming a special prosecutor before his final vote. The historical precedent for an appointment is during the Watergate scandal in 1973 when the Judiciary Committee demanded that Nixon’s nominee name the prosecutor before the vote as well as asking questions about the prosecutor’s level of independence. Other special prosecutors occurred for investigation into Bill Clinton’s Whitewater affair and George W. Bush’s Valerie Plame affair.

Almost two decades ago, then-Sen. Jeff Sessions defined the standard for assigning a special prosecutor. The issue was whether Gore lied during an investigation into the 1996 Clinton-Gore campaign’s fundraising. Sessions said that an independent investigator should be appointed any time that an AG is asked to investigate the president because of the president’s power over the AG. Now Sessions may face criminal charges for perjury and leads the same agency, the Department of Justice, that would ordinarily investigate alleged violations of federal law. For all the time before he finally recused himself, he was in the same power that the AG faced in the case where he set up the standard.

In its continued support for DDT, the FBI may be concealing information from Congressional committees attempting to investigate communication between DDT’s people and the Russian officials. Sen. Chris Coons (D-DE) said that the intelligence community has not been forthcoming, and Rep. Adam Schiff (D-CA) said, ‘‘We know less than a fraction of what the FBI knows.” Asked about transcripts that the FBI refused to share with Democrats, Sen. Tom Cotton (R-AR) tried to “deflect” the issue by refusing to discuss them, indicating that they do exist. The issue of transcripts is interesting because U.S. citizens, including Michael Flynn, can be taped without FISA warrants. Transcripts of Flynn–or anyone else–would  indicate evidence of wrongdoing.

After DDT’s accusations about President Obama’s wiretapping one of his homes, he moved on to tweets stating that the former president had Russian ties and that Democrats didn’t want to help the FBI investigate the Russian cyberattacks.

DDT’s “relationship” with Russia seems to be cooling in the light of continued criticism from people in the U.S.—something that DDT cannot handle. One indication is that his pick for top Russia adviser is Fiona Hill whose book Mr. Putin, Operative in the Kremlin alludes to Vladimir Putin’s history as a KGB operative. There are also rumors that Putin didn’t want DDT to win; he just wanted to create chaos in the United States. On MSNBC’s Rachel Maddow Show, New Yorker editor David Remnick said:

“Everybody expected Hillary Clinton to win. You expected her to win. The polls expected her to win. So they succeeded, in some sense, beyond their wildest dreams, and now they’re freaked,” Remnick added ominously. “If you talk to people in Moscow now, there’s a lot of buyer’s remorse. There was an order sent down to Russian television, ‘enough with the celebrating about Trump!’”

Putin’s spokesman Dmitry Peskov has said that the Kremlin is waiting for “some kind of actions” to understand what the future holds because “we have heard different statements from President Trump.” Even Russia understands that DDT’s volatility is untrustworthy.

The weekend is almost over, and DDT will get his keepers back when he returns to the White House. His handlers there may temper his tweets.

Should we be obsessed with the Russia story? Of course! This is bigger than Watergate, and it sets the direction for the United States for decades to come. An additional issue surrounding the White House is that eight Russian operatives connected to DDT have already been found dead. We need to overcome the “deflector in chief.”

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