Author Archives: weeklysift

Doug Muder is a former mathematician who now writes about politics and religion. He is a frequent contributor to UU World.

The Monday Morning Teaser

Today is going to be all brief notes without a featured post. The weekly summary should be out around 11 EST. It will review Tuesday’s elections, look forward to this week’s public impeachment hearings, discuss Mike Bloomberg’s (lack of) impact on the Democratic presidential race, reflect on Veterans’ Day, and link to a few other interesting articles.

Ethical Means

The ninth rule of the ethics of means and ends is that any effective means is automatically judged by the opposition as being unethical. 

– Saul Alinsky,Rules for Radicals

This week’s featured posts are “Why Impeachment is Necessary” and “Religious Freedom for Loganists!

You also might be interested in the talk I gave to the Unitarian Church of Quincy last week. It’s called “The Spirit of Democracy” and is more Sift-like than my typical sermon. I’m looking at the question of what is making our democracy vulnerable to the attack of authoritarian populism.

This week everybody was talking about impeachment

As I mention in the featured post, the most damning evidence against Trump is still his own words: “I would like you to do us a favor, though”, in response to President Zelensky’s request for Javelin missiles. The corruption here is clear: Trump wants Zelensky to boost his re-election campaign in exchange for Trump releasing money that Congress had already appropriated. In short, Trump was exchanging public money for private benefit, which is virtually the definition of corruption.

The parade of witnesses we’ve seen the last two weeks mainly provides context for those words: Trump had instructed his people to hold up the money, Zelensky already knew Trump was holding up the money, and he already knew what Trump wanted. So it wasn’t necessary to spell out the quid pro quo in explicit detail on the phone. It’s like in Mafia trials: The boss saying “It’s time for you to do the thing we talked about” qualifies as ordering a murder, if other evidence establishes that murder is “the thing we talked about”.

All that testimony happened behind closed doors, as is entirely appropriate for this phase of the investigation. Early phases of an investigation shouldn’t be public, so that witnesses don’t influence each other. Republicans tried to make a big deal out of this perfectly ordinary process by comparing it to the Nixon and Clinton impeachment hearings, which started out in public. However, both of those investigations were preceded by a special counsel investigation of the same events, in which testimony was taken behind closed doors. The right comparison here would be if one of the impeachment counts comes from the obstruction-of-justice evidence collected by the Mueller investigation; the House can go right into open hearings about that, because the preliminary investigation has already happened.

Thursday, the House approved a resolution outlining how the process will go from here. (Lawfare has a detailed explanation.) Transcripts of the closed-door testimony will become public, probably starting this week, with possible redactions to protect classified or otherwise sensitive information. Public hearings will begin soon; Nancy Pelosi has said “this month“.


The White House had claimed that the lack of a formal resolution made the previous hearings illegitimate, and used that as an excuse to refuse to cooperate. Now that there has been a formal resolution, they’re still not cooperating. Who could have guessed?


John Bolton may or may not testify Thursday.


An appeals court has agreed with the lower court that Trump’s accountants have to turn his tax returns over to prosecutors in New York. The court dodged Trump’s claims of “absolute immunity” from all legal process — which the lower court characterized as “repugnant to the nation’s governmental structure and constitutional values” — by noting that the subpoena applied to an accounting firm, not to the White House or Trump himself.

Inevitably, this is going to wind up in the Supreme Court, where we will find out whether Trump has managed to corrupt that court or not.


NPR has a collection of key public documents in the impeachment inquiry, which are mainly transcripts of opening statements that witnesses have made available voluntarily: Catherine Croft, Gordon Sondland, Lt. Col Alexander Vindman, Bill Taylor,

Vindman says that the rough transcript of the Ukraine call is inaccurate, and that his attempts to use the usual correction process were rebuffed.

Who moved the transcript of Trump’s Ukraine call to the ultra-secret computer system? Apparently, John Eisenberg of the White House Counsel’s office. That action undermines Trump’s claim that the call was “perfect”, because it seems his own staff knew it needed to be hidden. Eisenberg was supposed to testify today, but didn’t show up.


Republicans have been struggling to find ways to defend Trump. The only viable path of defense — other than just he’s-my-guy-I-don’t-care-what-he-did — is something Trump himself would fight: an admission that what he did was wrong, but that it wasn’t that bad and he has learned his lesson and won’t do anything like that again. The American people can be forgiving, but it’s hard to forgive somebody who insists he’s never done anything wrong.


Josh Marshall‘s assessment of Sondland:

Sondland stands out here as neither ethical or moral enough to see that this plot was wrong and limit his involvement accordingly nor experienced enough at being evil to lie about it effectively.


Meanwhile, Trump appeared twice before unscreened crowds — something he almost never does — and was soundly booed both times. The first was at Game 5 of the World Series, and the second at a UFC fight at Madison Square Garden.

Various Trumpist commentators have criticized the rudeness and disrespect the crowds showed.  “They should hold those fans accountable,” Frank Luntz said on Fox News. I will repeat what I’ve said before: What standard of conduct does Trump uphold that would justify such a condemnation? When Trump accepts some kind of behavioral standard, I am willing to treat him according to that standard. But the idea that there are rules for how I should treat him, but none for how he treats everybody else — that’s not acceptable.

Joe Keohane’s review of Aaron James’ book Assholes: A Theory, summarized James’ definition like this:

James’s asshole has a sense of ironclad entitlement. He’s superior, immune to your complaints, though he insists you listen to his. He’s reflective, but only to the extent that it allows him to morally justify his behavior.

That’s Trump to a T.

and California wildfires

The fires near Los Angeles are mostly under control now. Ditto for the Kincade fire in the wine country.

and the economy

The economy is growing at a significant but not very exciting pace: 1.9%, or about what it was averaging during Obama’s second term. If you drill down into that number a little, you see how the promises made to justify Trump’s tax cut have come up empty: The consumer is propping up the economy, while business investment falls. Meanwhile, manufacturing jobs continue to vanish, and major coal companies are still going out of business.

The October jobs report told a similar story: It came in with more jobs than expected, but the rate of job growth has slowed.

and the Democratic presidential candidates

Elizabeth Warren answered the challenge to explain how she’d pay for Medicare for All without raising middle-class taxes. Like all such plans, it relies on assumptions that you may or may not believe, and no president is going to get exactly the plan she or he proposes. Ezra Klein goes into detail.

What is clear is that she took the challenge seriously, as Paul Krugman explains. This isn’t like Paul Ryan’s “magic asterisk” of unspecified spending cuts that somehow would lead to balanced budgets in the distant future.


Joe Biden changed his mind, and will now have a super-PAC that donors can give unlimited amounts of money to. I really can’t see how this is a good idea.

Bernie Sanders, Elizabeth Warren, and Pete Buttigieg are the leaders in contributions and number of contributors. Biden still has a substantial lead in the polls. All the other candidates seem to be struggling.

Tim Ryan and Beto O’Rourke have withdrawn from the race.

and you also might be interested in …

The new Brexit deadline is January 31. On December 12, the UK will elect a new Parliament.


Vox explains what net neutrality has to do with the streaming-service wars: Streaming plans (like HBO Max) that are owned by distribution giants (like AT&T) may be more affordable than plans (like NetFlix or Disney+) that have to work out deals with the ISPs.


Car companies are picking sides: Ford, Honda, BMW, Mercedes, and Volkswagen are voluntarily agreeing to meet California’s mileage and emission standards, which are a bit lower than the standards the Obama administration had laid out, but are considerably higher than the standards the Trump administration has replaced them with. GM, Toyota, Hyundai, Nissan, and Fiat Chrysler are going with the Trump standards.

Toyota’s decision is particularly disappointing, as Prius owners are among the most ecologically-minded car buyers. I have a Honda hybrid, which has been a good car. When I look for a new car next summer, I was planning to compare Toyotas, but now I don’t think I will.


Katie Hill’s situation demonstrates that male privilege is still a thing in politics. OK, the California congresswoman had a messy divorce and an affair with a staffer who doesn’t seem to be complaining about it. (Congressmen who fit that description or worse, line up over there.) But she had to resign because intimate texts and photos wound up on RedState and the Daily Mail. She claims the material came from her ex-husband’s “cyber exploitation”.

As attorneys who work day-in and day-out for individuals suffering the hell of intimate partner and sexual violence — online and offline — we have something important to say: Hill’s allegations cannot be reduced to “revenge porn.” It was far more insidious than that. We attribute it to a perfect storm of three things: 1) an alleged abusive ex, 2) a far-right media apparatus that enabled and amplified misogyny, and 3) a society gleefully receptive to the sexual humiliation of a young woman who dared be powerful.

Hill’s farewell speech to the House is worth reading. She mentions that she resigned not because of what has already come out but because of “hundreds more photos and text messages that they would release bit by bit until they broke me down to nothing”.

The forces of revenge by a bitter jealous man, cyber exploitation and sexual shaming that target our gender and a large segment of society that fears and hates powerful women have combined to push a young woman out of power and say that she doesn’t belong here. Yet a man who brags about his sexual predation, who has had dozens of women come forward to accuse him of sexual assault, who pushes policies that are uniquely harmful to women and who has filled the courts with judges who proudly rule to deprive women of the most fundamental right to control their own bodies, sits in the highest office of the land.

So today, as my last vote, I voted on impeachment proceedings. Not just because of corruption, obstruction of justice or gross misconduct, but because of the deepest abuse of power, including the abuse of power over women.


Slate’s legal reporter Dahlia Lithwick, whose opinion on key court cases I have often quoted, has written a powerful essay explaining why she can’t bring herself to cover the Supreme Court now that Brett Kavanaugh is on it. It’s a meditation on how “getting over it” so often means making peace with the fact that an injustice is beyond correction now. The powerful get forgiven in hope that maybe they won’t be quite so vindictive against those who tried to hold them accountable. And the powerless just have to suck it up one more time.

I haven’t been inside the Supreme Court since Brett Kavanaugh was confirmed. I’ve been waiting, chiefly in the hope that at some point I would get over it, as I am meant to do for the good of the courts, and the team, and the ineffable someday fifth vote which may occasionally come in exchange for enough bonhomie and good grace. There isn’t a lot of power in my failing to show up to do my job, but there is a teaspoon of power in refusing to normalize that which was simply wrong, and which continues to be wrong. I don’t judge other reporters for continuing to go, and I understand the ways in which justices, judges, law professors, and clerks must operate in a world where this case is closed. Sometimes I tell myself that my new beat is justice, as opposed to the Supreme Court. And my new beat now seems to make it impossible to cover the old one.


As you might have guessed, Trump’s wall isn’t all that he makes it out to be. Smugglers have been sawing through sections of it with a $100 saw. It’s the age-old problem: When you invest your resources in a fixed defense, your opponents know what they have to work around. Eventually they figure out how.

and let’s close with something calming

I don’t think I’ve seen quite enough puppy pictures yet. Here’s a gallery of them.

Religious Freedom for Loganists!

It’s hard for conservative Christians to imagine how their notions of “religious freedom” could ever come back to bite them. So I constructed a thought experiment.

This week, the Trump administration announced a rule change that will allow private adoption and foster-care agencies to receive federal grants while discriminating against LGBTQ families. This is part of a years-long campaign to exempt conservative Christians from discrimination laws, if their desire to discriminate arises from their “sincere religious beliefs”. Making them treat fairly people that they disapprove of, according to this point of view, is a violation of their “religious freedom”.

Regular readers of this blog already know my opinion about this issue: “Religious freedom” used to mean that religious minorities — Jews, Buddhists, atheists — got the same rights as the followers of more popular religions. In recent decades, though, the term has been hijacked and its meaning has flipped: Now it means that conservative Christians have special rights that apply to no one else. (As a humanistic member of a religious tradition with its roots in liberal Christianity, what laws do I get to ignore?)

It’s hard to get the beneficiaries of these special rights to see the problems they cause, though, because they usually can’t imagine being on the other side. If you’re a white, straight, native-born, male Baptist or Catholic (like several conservative members of the Supreme Court) whose religious freedom is going to victimize you?

in the real world, no one’s. So making this point requires constructing thought experiments, and even that gets tricky. I think I finally have one that I like.

Psalm 90:10 says “The days of our years are three score and ten.” Imagine a sect that decides to take that as prescriptive: People aren’t supposed to live past 70. Let’s call these people Loganists. (Critics hung that name on them because of the age discrimination in the movie Logan’s Run. The Loganists themselves hate being called that, because killing people at thirty is just nuts. But the name has stuck.)

Before continuing, let me head off some objections: I understand that the Loganist interpretation depends on taking the scriptural quote out of context, but Christian sects do that all the time. You can’t seriously claim that this is a worse misreading of scripture than many other popular misreadings. Plus, if the issues I’m about to raise would ever go to court, do you want secular judges deciding whose readings of scripture are or aren’t reasonable? Are you certain that your own interpretations would pass muster in such a setting?

Also, I know that the patriarchs of Genesis lived well past 70, and God seemed to approve of that. (Noah, for example, was 600 when God saved him from the Flood.) But dispensationalist Christians hold that God changes the rules from time to time. This is not considered a fringe belief. (For example, God used to approve of polygamy, but most non-Mormon sects believe that he no longer does. Slavery is another issue on which God seems to have changed his mind.)

In every other way, Loganists are totally indistinguishable from other Christians. Absolutely nothing points to them being unserious, and there are many examples of Loganists dying because they refused medical care after they turned 70. It’s clearly their sincere religious belief that people over 70 should not have their lives saved.

Of course, Loganists don’t go out and kill septuagenarians — that would be like murdering gays based on Leviticus 20:13. (Lots of preachers say that should happen, but they don’t go out and do it.) But Loganist healthcare professionals claim that it violates their religious freedom to force them to give lifesaving care to people over 70.

So if you believe that the religious freedom of conservative Christians means that they don’t have to obey anti-discrimination laws — they don’t have to sell cakes to gay couples or provide contraceptives to unmarried women or help gay couples adopt children or even perform an abortion on a woman who will die without it — what about Loganists and age discrimination? Would it be religious persecution to fire a Loganist EMT because he let a elderly patient die? What if he just treated younger people first, because they still have some of their Biblical three-score-and-ten coming, and a 73-year-old happened to die in line?

Why Impeachment is Necessary

If receiving government money means you owe the President a personal favor, we’ve become a different kind of country.


As the House formalized its impeachment inquiry this week, many voices raised a legitimate question: Why put the country through this? Impeachments are divisive, and given Republican control of the Senate (and the proven willingness of Republicans to choose party over country) removing Trump from office seems unlikely, no matter what he may have done.

That question has an answer: If the direct evidence of corruption we’ve seen in the Ukraine case doesn’t produce any response, then as a country we’re saying that we view this kind of presidential behavior as normal and acceptable. Going forward, that collective shrug will make the United States a very different kind of country than it has been before.

Conservatives often raged about Barack Obama’s pledge to “fundamentally transform the United States of America”. (And just as often, liberals have expressed their disappointment at his inability to fulfill that pledge.) But if there are no consequences for his abuses of power, Trump will have succeeded in fundamentally transforming America —  into something much more like a banana republic than the nation the Founders envisioned.

“Do us a favor”. With all the damaging witnesses who have testified to the House Intelligence Committee these past two weeks, it’s important not to lose sight of the fact that the most incriminating words so far came from President Trump himself and were released by the White House. In the rough transcript of his call with President Zelensky of Ukraine, Zelensky asks about buying more anti-tank Javelin missiles, and Trump responds, “I would like you to do us a favor, though.”

The favor is to launch investigations into two matters: “Crowdstrike”, which started “that whole nonsense [that] ended with a very poor performance by Robert Mueller” the previous day, and “The other thing, there’s a lot talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great.”

In other words, in order for Trump to stop blocking the military aid that Congress had already appropriated, Ukraine had to do two things to benefit not the United States, but Trump’s re-election campaign: undermine the basis of the Mueller investigation and tear down the Democrat that the polls have been saying is most likely to defeat Trump in 2020. [1]

Even baseless investigations can be effective. Presuming that these Ukrainian investigations were performed honestly, they would turn up nothing, because their subject matter consists of two conspiracy theories that can’t even be told coherently in any detail. The Wikipedia article on the Crowdstrike theory characterizes it as “multiple disjointed threads of unfounded allegations”. And the reporter who wrote the first Biden-Ukraine story in 2015 describes the Trump version as “upside-down“.

But the ultimate result of these probes doesn’t matter: The investigations into Hillary Clinton’s emails ultimately turned up nothing (beyond the kind of corner-cutting that happened under previous administrations and is also common among Trump’s top advisors, including Jared and Ivanka). But just the fact that Clinton was being investigated lent credibility to Trump’s smears against her and justified the chants of “Lock her up!”

Trump could get similar value out of an investigation of Biden, even if we later discovered it had found nothing. [2]

Beyond Ukraine. So Trump, by his own words, has been caught red-handed in an abuse of power — using his official powers for personal gain. The way we found out — a whistleblower inside the administration had the courage and the patriotism to write up a complaint — seems so fortuitous that it’s easy to imagine that many similar abuses of power have gone unnoticed. [3] Think how easy it would have been to miss this one: Ukraine announces a corruption investigation into the Bidens, and crowds chant “Lock him up!” without realizing that Trump himself started that investigation.

Lots of circumstantial evidence points to the conclusion that this isn’t a unique situation: Trump continues to insist that his side of the Zelensky call is “perfect” and “I did nothing wrong”. So why wouldn’t he do the same thing somewhere else? Plus, his zeal to unmask (and presumably punish) the whistleblower only makes sense as a tactic to intimidate officials who might blow the whistle on other abuses of power. We fortuitously caught him once, demanding a personal favor for a public action. How many other examples are there?

And what if, now that Congress and the public know about this, there is no consequence? No removal from office, no impeachment, no censure, no need for a humiliating public apology? Trump insists that “I did nothing wrong”, and Congress validates that opinion. [4]

Well, then we’ve established that this kind of behavior is OK. There’s no need even to hide it any more, or to limit the occasions for it: If you want Trump to perform his public duty, you need to do him a favor.

So if the State of New York wants the highway funds Congress has appropriated, maybe it should drop its investigation of the Trump Foundation. If Jeff Bezos wants Amazon to compete for a big Pentagon contract, maybe he should rein in The Washington Post, which he also owns. It’s no big deal; Trump just wants a favor. [5]

Lots of countries work this way: Russia under Trump’s role model Vladimir Putin, for example. One thing we can learn from looking at those countries is that corruption tends to trickle down. If Trump can ask for favors before doing his duty, so can officials of lesser power. In a few years, the clerk at your local DMV may expect a tip before processing your driver’s license renewal. That also happens in lots of countries.

Do we want to be one of those countries or not? Underneath all the arguments about process and quid pro quo and so on, that’s the issue Congress will be debating these next few months.


[1] The country/president distinction is one that Chief of Staff Mick Mulvaney tried to skate over in the quid-pro-quo confession he later walked back:

We do that all the time with foreign policy. We were holding money at the same time for — what was it? The Northern Triangle countries. We were holding up aid at the Northern Triangle countries so that they would change their policies on immigration.

Unlike Ukraine, the Northern Triangle example was about trying to mitigate a problem for the country; it wasn’t a favor for Trump himself.

[2] Bill Barr’s investigation — recently upgraded to a “criminal” investigation — into the origins of the Mueller investigation serves a similar purpose. All Barr has to do is keep the investigation going through the 2020 campaign. That will allow Trump to make outrageous claims about what the investigation is finding, which Barr will be duty-bound not to comment on.

Remember the detectives Trump claimed he sent to Hawaii to investigate Barack Obama’s birth certificate? “They cannot believe what they’re finding,” he told NBC. But for some reason he never told us what those unbelievable findings were. I have to wonder if there ever were any detectives.

[3] Josh Marshall makes that case here. In brief: We’ve known for some time — there are several examples in the Mueller Report, just to name one source — that Trump frequently orders his people to break the law. In most of the stories that have reached the public, those people pushed back and refused.

In the Ukraine scheme, though, numerous people realize something is going on that is at best unethical and at worst illegal. And yet the scheme perks along until one guy — one of many, remember — reports it to Congress. Marshall wonders what has been happening in parts of the world where corruption is taken for granted, like Saudi Arabia or the Arab Emirates.

Trump’s willingness has always been a given. That of crooked oligarchies looking for advantage is equally so. The question has been the acquiescence, if not necessarily the connivance, of high level advisors. That is clear now too.

In other words, there is every reason to think, the very strong likelihood that Donald Trump’s corruption and lawlessness has already infected relationships with numerous countries abroad. It’s now just a matter of finding out the details.

[4] That’s why even an impeachment that fails to remove Trump from office will be worth doing, especially if a few Republican senators vote against him. Such a process would show that there is a line somewhere, even if this case didn’t result in punishment.

Behind the scenes, some Republican senators are rumored to be looking for a middle position: coming out against what Trump did, but holding that it’s not an impeachable offense. That’s not an impossible position to defend, but this question needs to be put to them: If not impeachment, what is the proper way to hold Trump accountable? Because doing nothing just says it’s OK.

If Trump were a different kind of person, I could imagine an outcome similar to the Clinton impeachment: He admits to doing wrong, apologizes to the country, and pledges never to do anything like that again. But Trump doesn’t even ask God for forgiveness; he’s not going to ask the country.

[5] You can see this kind of thinking in Trump’s war on California. The state has been a thorn in Trump’s side, participating in as many as 60 lawsuits against his administration’s actions. Trump, in turn, has used the federal government’s regulatory power to target California in numerous ways. The particular issues are often ones that Trump has otherwise shown no interest in, like the environment or homelessness. But he can make California pay a price for opposing him, so he does.

For now, all of this is done in a deniable way. But if the Ukraine scheme is acceptable, then there’s no reason not to be open about the quid pro quos Trump is demanding.

The Monday Morning Teaser

Impeachment dominated the news these last two weeks. That’s appropriate in the sense that it’s important, but it’s also not the only thing happening. The world continues to be the world, and doesn’t stop to watch the Trump drama play out: California is burning again. We got economic news that can be interpreted as either reassuring or worrisome. Brexit got delayed again, and a new UK election got scheduled. Elizabeth Warren met the challenge to explain how she’ll pay for her healthcare plan, as Tim Ryan and Beto O’Rourke dropped out of the race. Katie Hill’s resignation from Congress raised all sorts of larger issues about sexism and revenge porn. Dahlia Lithwick wrote a deeply personal essay about why she hasn’t been able to bring herself to cover the Supreme Court in the year since the Brett Kavanaugh hearings.

So anyway: impeachment. One featured post explains why I think impeachment is necessary, even if you accept the prediction that it will divide the country and leave Trump in office anyway. A more event-oriented view of the impeachment process will be in the weekly summary.

The other featured post is less timely, but does have a current-events hook: I’ve invented a hypothetical Christian denomination to test the notion that Christians’ religious freedom should allow them to ignore discrimination laws: What if some group took Psalm 90:10 — “The days of our years are three score and ten.” — as prescriptive, and its healthcare professionals insisted on their right to discriminate against those over 70?

The impeachment post should be out soon, maybe by 8 EST. The religious freedom post should follow around 11, and the weekly summary by noon.

Do What’s Right

No Sift next week. The next new posts will appear on November 4.

I have had the privilege and the honor of working with a lot of presidents. And I didn’t always agree with them. But I always believed that they were men of principle, that they were trying to do what was right by the country. They didn’t always get it right, but they were trying to do what was right. I don’t see that in this president.

– retired Admiral William H. McRaven
former commander of the U.S. Special Forces Operations Command
10-17-2019

This week’s featured posts are “A Liberal View of Intervention” and “The Leader or the Law?“.

This week everybody was talking about impeachment

One of the featured posts looks at Trump’s defense strategy, which I see as a pure power play: Forget the law, forget the facts, forget the Constitution — are you with me or against me?

This week’s testimony to the impeachment inquiry didn’t have a standout moment, but a parade of foreign-service officers put a lot of detail into the picture: Trump didn’t just get a wild idea during a phone call and say something he shouldn’t. There was a months-long program to pressure Ukraine to investigate Democrats, and a clear intention to withhold military aid until they did. Anybody who wasn’t down with that program (like recalled Ambassador Marie Yovanovich) was pushed out.


On Fox News, John Yoo made the absurd point that the framers of the Constitution “would never have wanted an impeachment within a year of an election”. I’ve discussed this objection before, but Eric Columbus sums up the counter-argument very succinctly.

Any caution about not impeaching too close to an election makes no sense where the impeachable conduct is aimed at subverting that election.

Also worth pointing out: Andrew Johnson’s impeachment trial before the Senate was in March of 1868, only eight months before a presidential election.


Thursday, retired Admiral William McRaven, famous as the architect of the Bin Laden raid, wrote an op-ed in the New York Times called “Our Republic is under Attack from the President“.

We are not the most powerful nation in the world because of our aircraft carriers, our economy, or our seat at the United Nations Security Council. We are the most powerful nation in the world because we try to be the good guys. We are the most powerful nation in the world because our ideals of universal freedom and equality have been backed up by our belief that we were champions of justice, the protectors of the less fortunate. … President Trump seems to believe that these qualities are unimportant or show weakness. He is wrong. These are the virtues that have sustained this nation for the past 243 years. … And if this president doesn’t understand their importance, if this president doesn’t demonstrate the leadership that America needs, both domestically and abroad, then it is time for a new person in the Oval Office — Republican, Democrat or independent — the sooner, the better. The fate of our Republic depends upon it.

But if you are a Fox News viewer, you probably don’t know about this. Friday and Sunday mornings I searched for “McRaven” on the Fox News web site and turned up no articles since September 20.


More reason to believe that you’ll strike corruption in TrumpWorld anywhere you drill: Months ago, Michael Cohen claimed that Trump manipulated reports on the value of his properties, estimating high when he was looking for loans and low when he was paying taxes. This week, a new Pro Publica report fleshed that out.

For instance, Trump told the lender that he took in twice as much rent from one building as he reported to tax authorities during the same year, 2017. … A dozen real estate professionals told ProPublica they saw no clear explanation for multiple inconsistencies in the documents. The discrepancies are “versions of fraud,” said Nancy Wallace, a professor of finance and real estate at the Haas School of Business at the University of California-Berkeley. “This kind of stuff is not OK.”

This is how they found out:

ProPublica obtained the property tax documents using New York’s Freedom of Information Law. The documents were public because Trump appealed his property tax bill for the buildings every year for nine years in a row, the extent of the available records. We compared the tax records with loan records that became public when Trump’s lender, Ladder Capital, sold the debt on his properties as part of mortgage-backed securities.


Josh Marshall raises another corruption question: When you see how much trouble Trump was willing to go to to get illicit favors out of Ukraine, you have to wonder what he has gotten from far more pliable countries like the monarchies of the Persian Gulf.

Trump’s willingness has always been a given. That of crooked oligarchies looking for advantage is equally so. The question has been the acquiescence, if not necessarily the connivance, of high level advisors. That is clear now too.

In other words, there is every reason to think, the very strong likelihood that Donald Trump’s corruption and lawlessness has already infected relationships with numerous countries abroad. It’s now just a matter of finding out the details.


Wednesday afternoon at Trump’s press conference with Italian President Mattarella, the translator’s face expressed how a lot of us feel when we listen to him.

and Syria

In one of the featured posts, I take a step back and seek some consistency in my own positions. I oppose Trump’s running out on the Kurds. But I also want to limit America’s military interventions. How do those fit together?

Along the way, I look at the situation of the Kurds, and Mitch McConnell’s restatement of the post-World-War-II, pro-intervention foreign policy consensus.


Lapdog Lindsey Graham is back in his kennel. He now thinks Trump’s Syria policy can lead to “some historic solutions in Syria that have eluded us for years”. Whatever he said last week has gone down the memory hole.


Wednesday, Trump was supposed to present his Syria policy to a bipartisan collection of skeptical leaders from Congress, where the House had just voted to condemn it 354-60. The meeting quickly fell apart, with Democratic leaders walking out to report Trump’s “meltdown” into shouting insults at Nancy Pelosi.

Trump countered by claiming Pelosi had a meltdown — sort of like in the 2016 debate when Trump cleverly responded to Clinton’s accusation that he was Putin’s puppet by saying “No. You’re the puppet.” (Trump must have been a hell of a debater in second grade.)

Trump decided to back up his case by posting this historic picture, which otherwise we would never have seen.

Apparently Trump believed that it made Pelosi look “unhinged”. But just about everyone else thinks it makes her look badass. Pelosi herself is using the picture as her Twitter cover photo. If you look closely at the men (they’re all men) on Trump’s side of the table, most of them look ashamed, particularly General Mark Milley, chair of the Joint Chiefs, who sits to Trump’s right.

After Trump is finally gone, however that happens, somebody should turn this image into a oil painting and hang it in the Capitol.

BTW, this example points to a factor that makes me hopeful about removing Trump from office, despite the obstacles: Trump has bamboozled himself, as propagandists often do, and that will cause him to make mistakes — like imagining that this photo is a good look for him and a bad look for Pelosi.


I have treated with skepticism all Republican or conservative voices who have denounced Trump, wondering if they will nonetheless find some excuse to vote to re-elect him in 2020. Many of them knew what Trump was in 2016. (But her emails!)

Anyway, David Brooks is saying no to that, at least for now. He’s rooting for a moderate Democrat to win the nomination, but eventually comes around to this conclusion:

And yet, if it comes to Trump vs. Warren in a general election, the only plausible choice is to support Warren. … Politics is downstream from morality and culture. Warren represents a policy wrong turn, in my view, but policies can be argued about and reversed. Trump represents a much more important and fundamental threat — to the norms, values, standards and soul of this country.

He leaned the same way in his last column before the 2016 election.

Many of us disagree strongly with many Clinton policies. But any sensible person can distinguish between an effective operating officer and a whirling disaster who is only about himself.

But in that column he didn’t come out and say explicitly that he would vote for Hillary, or that other conservatives should.

and the Democratic debate

I’m ashamed to admit how little attention I’ve given this. It’s startling how the action in American politics has shifted to Congress and the courts recently, and away from the campaign trail.

You can watch the whole thing starting here.

and Brexit

For a moment it looked like this might all work out. Thursday, Prime Minister Boris Johnson announced that he had reached a Brexit deal with the EU. The deal is complicated, but essentially leaves Northern Ireland running by EU rules on trade.

In practice, that meant that, rather than putting a border on the island of Ireland, Britain would have to put one in the Irish Sea, and impose regulatory and customs checks for items passing from Britain into Northern Ireland.

Johnson’s allies representing Northern Ireland might not like that, but it was the best he could do.

Parliament was supposed to vote on the deal Saturday, but then things got interesting: Parliament decided to put off a final vote on the Brexit deal until after it passed all the implementing legislation. The point of that, as I get it, was to make sure that no last-minute stunt could throw the country into a no-deal Brexit on October 31.

Anyway, that meant that an October 18 deadline passed, requiring Johnson to request an extension from the EU. He did, but also told them he didn’t mean it. It’s not clear what they’re going to do about it. The BBC has a flow chart that explains all the possibilities.

and you also might be interested in …

Elijah Cummings died Thursday. He was 68 and had been in poor health for some time.


The State Department’s official investigation into Hillary Clinton’s email server concluded in September and its unclassified report was released this week.

While there were some instances of classified information being inappropriately introduced into an unclassified system in furtherance of expedience, by and large, ‘the individuals interviewed were aware of security policies and did their best to implement them in their operations. … There was no persuasive evidence of systemic, deliberate mishandling of classified information. [italics added]

Well, I’m glad nobody made a big deal out it, then. [BTW, I will take credit now for having gotten this issue right at the time in “About Those Emails“.]


The details of Trump’s “tremendous” trade deal with China are already starting to unravel. The markets apparently don’t take seriously Trump’s claim that the Chinese have agreed to buy $40 or $50 billion of American agricultural products. The price of soybeans hasn’t budged.


It’s bad enough that US immigration officials are continuing to separate children from their parents. But it turns out that in some cases the separation may be permanent: Some states are letting Americans adopt children whose parents have been deported.


An important addition to the abortion discussion is “I Had a Late-Term Abortion. I Am Not a Monster.” by

I ended my child’s life. At 23 weeks and six days into my pregnancy, I had a “late term” abortion. When people ask, “How could you?” I reply that allowing her to live would have been a fate worse than death. Her diagnosis was not fatal, not incompatible with the bare mechanics of a living body. But it was incompatible with a fulfilling life. … I know I made the best choice for my child. I do not regret it, and I will not hide it.

It is important to tell the stories of actual late-term abortions, because they almost never match the vicious portraits painted by the anti-abortion movement. More typically, late-term abortions are morally serious decisions made with great care and anguish.

The point of Werking-Yip’s essay isn’t that of course you would have done the same thing, but that you probably have no idea what it’s like to face such a decision.

You might swear up and down that you could never make the choice I did, but you never know for sure until the time comes.

What makes the abortion question so difficult to discuss is that it’s actually two questions:

  • What should be done?
  • Who should decide what to do?

Pro-life advocates focus on the first question, and their answer is that abortions should not be done, no matter the circumstances. Having come to that conclusion, they want the government to decide once and for all: no abortions.

Pro-choice advocates focus on the second question, and say that pregnant women should decide what happens to their pregnancies, in consultation with the people they trust and rely on: spouses, families, friends, doctors, religious advisors. They reject a one-size-fits-all government decision.

That’s why the two sides talk past each other: They’re answering different questions.


A Sandy Hook father won a defamation suit against an author whose book claims the father faked his son’s death as part of a government plot to impose gun control. The jury awarded him $450,000. Similar defamation suits against Alex Jones are still pending.


Responding to Attorney General Barr’s speech blaming all societal problems on secularism, never-Trump Republican columnist Jennifer Rubin lists the issues that she never wants to hear Trump Republicans lecture about again:

  • moral values. “If one spends years tolerating, supporting and defending a president whose character is lower than any president in modern memory, one loses the right to wag his finger.”
  • the rule of law. “As with morality, no more Federalist Society lectures on limited government and constitutional conservatism, please.”
  • foreign policy. “I never want to hear that Republicans are the strong-on-defense and pro-democracy party. Ever.”
  • deficits.

Years ago, Nike ran an ad campaign for Air Jordans with the slogan “It’s got to be the shoes.” It was intentionally ridiculous, because anyone could see that the difference between Michael Jordan and the rest of us wasn’t his shoes. But Nike’s new running shoes have people raising that issue seriously, and oversight organizations are wondering whether they should be banned from competitions.

and let’s close with puppies

I’m guessing we could all use some puppies about now.

A Liberal View of Intervention

Trump has taken liberals’ no-endless-war rhetoric and gone somewhere ugly with it. How do we take it back?


Like many liberals, I was wrong-footed by President Trump’s abrupt decision to wash his hands of Syria. On the one hand, it sure looks like a dishonorable move that has led to an embarrassing defeat and opened the door to a humanitarian catastrophe.

On the other hand, I also want to see America stop policing the world. I was against invading Iraq and Afghanistan in the first place, and I don’t see any achievable goal in Afghanistan that is worth our continued involvement. In general, I want to see American troops come home from war zones far from our borders. So what was my plan exactly for Syria?

I feel like Trump has stolen my own rhetoric about “endless war” and abused it. But what is the right use of it? And if I’m against Trump’s abandonment of the Kurds, is the only alternative to side with interventionists like Mitch McConnell?

I can’t promise a complete answer here, but let’s try to sort this out as best we can.

Betrayal and surrender. Let’s start with the Kurds , who are among the most persistently short-changed people on Earth. Something like 30-40 million of them live in a more-or-less definable area, but somehow the self-determination wave that swept the world after World War I passed them by. Bulgarians and Czechs got their own states, and by now even Croatia and Azerbaijan are countries, but the Kurds are still divided up among Turkey, Iran, Iraq, and Syria.

And now we’ve screwed them over again. We enlisted them into our fight against the Islamic State, and something like 11,000 of them died in that war. They had managed to carve out an autonomous zone in northeastern Syria, one in which women played an unusually active role, but the connections between that zone and a sometimes-violent Kurdish independence movement in Turkey threatened the authoritarian Erdogan government, which has wanted for years to cross into Syria and crush the Kurdish forces.

What had been stopping them was the presence of a small number of US troops in the area, and the threat of American air power. The Kurds may not be a military match for the second-largest army in NATO, but they are real soldiers, and with control of the skies they could make Turkey pay an unacceptable price. After all, this wasn’t some kind of asymmetric guerilla war, it was an invasion — exactly the kind of thing the American military was built to stop.

And then Trump decided to stand aside. We don’t know for sure what happened on that Trump/Erdogan phone call, but I picture it the way Mitt Romney does: “Turkey may have called America’s bluff.” I imagine Erdogan saying: “We’re coming whether you like it or not” and Trump being cowed into submission.

Trump tried to spin his “ceasefire agreement” (Turkey refuses to call it that) into a victory:

I’m happy to report tremendous success with respect to Turkey. This is an amazing outcome. This is an outcome, regardless of how the press would like to damp it down, this was something they were trying to get for 10 years.

But Trump’s “tremendous success” looks a lot like surrender. The agreement calls for Turkish forces to remain in the territory they have captured, and for our Kurdish allies to turn over their heavy weapons, dismantle their fortifications, and remove their forces from the 20-mile buffer zone Turkey has claimed. The United States will remove its forces from Syria entirely and impose no sanctions on Turkey. So Turkey gets what it wants and pays no price. Turkey may have been trying to get to this point for ten years, but that’s not what the Kurds wanted — or us for that matter.

I also doubt that any of the American troops waiting to be evacuated from Syrian feel victorious. Russians have already occupied one of the bases they left behind, and we destroyed another one with an air strike. Those are the kinds of things that happen when you flee in desperation, not when you win.

McConnell’s internationalist critique.  Friday, Majority Leader Mitch McConnell took the unusual step of publishing an op-ed in the Washington Post to denounce Trump’s Syria policy. Before looking at the content of his article, it’s worth considering what its mere existence tells us: McConnell doesn’t think Trump is listening to him. An influential player like McConnell doesn’t make a public argument if the President is taking his calls and paying attention. For McConnell, going public like this is a last resort, and points to feelings of both frustration and helplessness.

He’s also taking out insurance. If bad things happen because of Trump’s surrender, he doesn’t want to share the blame. So his article is a public marker that says, “I warned everybody.”

Also worth noting: He’s doing his best not to attack the President personally. In fact, the name “Trump” doesn’t appear (though “Obama” does). He focuses on the decision, not the man who made it.

Now to the content. First he makes an abstract defense of America’s military role abroad: Recalling 9/11, he predicts that the threat of ISIS or similar terrorist groups will not stay in the Middle East, and lays out a strategy where America provides strategic leadership, but has allies and so does not have to do all the fighting itself.

Then he assesses the current situation:

The combination of a U.S. pullback and the escalating Turkish-Kurdish hostilities is creating a strategic nightmare for our country. Even if the five-day cease-fire announced Thursday holds, events of the past week have set back the United States’ campaign against the Islamic State and other terrorists. Unless halted, our retreat will invite the brutal Assad regime in Syria and its Iranian backers to expand their influence. And we are ignoring Russia’s efforts to leverage its increasingly dominant position in Syria to amass power and influence throughout the Middle East and beyond.

And his prescription:

We need to use both sticks and carrots to bring Turkey back in line while respecting its own legitimate security concerns. In addition to limiting Turkey’s incursion and encouraging an enduring cease-fire, we should create conditions for the reintroduction of U.S. troops and move Turkey away from Russia and back into the NATO fold.

Finally, he worries that Trump’s desire to pull the US out of “endless wars” will strike next in Afghanistan.

We saw humanitarian disaster and a terrorist free-for-all after we abandoned Afghanistan in the 1990s, laying the groundwork for 9/11. We saw the Islamic State flourish in Iraq after President Barack Obama’s retreat. We will see these things anew in Syria and Afghanistan if we abandon our partners and retreat from these conflicts before they are won.

He closes with “America’s wars will be ‘endless’ only if America refuses to win them.”

In essence, McConnell is restating what has been the conventional wisdom in American foreign policy since World War II. (It lapsed a bit after Vietnam but came back after 9/11.): The world will never leave us alone, so we can’t leave it alone. Threats can arise anywhere, and we need to be ready to oppose them while they’re small and tractable, rather than wait for them to get large enough to strike at our homeland.

My anti-war record. I’d like to stay in an objective-journalist role and quote other people making the case for bringing our troops home from overseas — maybe Elizabeth Warren and Joe Biden, as Atlantic’s Peter Beinart does — but that would be disingenuous: I’ve been making that case myself for years, and I can’t disown it now.

Back in 2005, when I was blogging on Daily Kos under the pseudonym Pericles, I wrote a piece called “Cut and Run” about pulling out of Iraq. At the time, even people who realized that invading Iraq had been a mistake were falling for Colin Powell’s “Pottery Barn Doctrine”: We broke Iraq, so now we had a responsibility to fix it before we left. They admitted that we needed to get out, but in six months or maybe a year or two, after we had stabilized the situation.

The case I made in “Cut and Run” was that we weren’t fixing anything by staying.

What are we fixing? What do we expect to get better if we stay for another year or five years or ten years? I do not intend that question to be rhetorical. If “we are making progress, “as President Bush claimed this week, we ought to be able to measure that progress somehow.

Elsewhere (the link has since died; I need to repost somewhere) I argued that the stay-a-little-longer caucus would never be satisfied: Whenever we left, disaster would ensue, and they would claim vindication. And that is what happened. We stayed another six years, but McConnell (and others) blame Obama’s withdrawal for the rise of ISIS. (If only we’d stayed seven or eight more years rather than six.)

That’s why I’m not satisfied by McConnell’s assurance that he doesn’t want to stay in Afghanistan forever, just until we “win”. I have the same fundamental objection I had many years ago: What does “winning” even mean? If someone would offer a compelling vision of a post-victory Afghanistan, and then describe a path for getting there, reasonable people could argue about whether the outcome is worth the cost.

Instead, we always get the same dystopian vision: If we leave now, something terrible will happen. So when can we leave? Sometime, maybe, but not now. So how many “not nows” make a “forever”?

Is it possible to thread this needle? On the one hand, I am disgusted by what I’m seeing in Syria. On the other, I still don’t want to join McConnell and most of the rest of the foreign-policy establishment in the post-World-War-II intervention consensus.

Looking back, I also find that I’m not against all interventions. I like what President Clinton did in Bosnia: We ended a genocide. And while we (but mostly our European allies) ended up with troops in the area for many years afterward, it was a peace-keeping mission rather than a war-fighting mission. Casualties were minimal.

I regret that we didn’t find some similar way to end the genocide in Rwanda. And I don’t know what to think about Libya. Things haven’t turned out well there, but I can’t feel bad about stopping Qaddafi from killing civilians by the tens of thousands.

So what kind of policy do I want exactly?

I warned you I wouldn’t have a complete answer. I don’t have a doctrine that spells out precisely when the US should or shouldn’t get involved in some distant conflict. (Senator Warren: If you have a plan for that, this would be a good time to reveal it.) All I can offer are some intuitions that I still trust, in spite of it all. Mostly they revolve around coming to a proper understanding of the scope of American power: Being the most powerful nation on Earth gives us some responsibilities. But at the same time we need to be realistic: There are things our military — or military power in general — can’t accomplish. If we try we’ll only make bad situations worse.

So here’s what I think:

We can’t end tyranny in the world, but we should try to prevent genocide. The world is full of bad governments, and sometimes overthrowing them just gets you a worse government, or a failed state that can’t fulfill the responsibilities of a government at all. You can’t create a good government at gunpoint.

What you can do at gunpoint, though, is stop one group of people from slaughtering another. Sometimes the mass murder is a mania that will pass if you can just interrupt it. Some groups will see that — as much as they still hate some other group — the world is not going to stand for a genocide, so they need to come up with some other plan. Other situations may require a longer occupation. But stopping genocide doesn’t require you to rule over people or teach them to govern themselves, just to put limits on them.

There’s hope for a peacekeeping mission, but nation-building hardly ever works. An amazing number of the world’s problem areas, particularly in the Middle East, are “nations” that were created by colonial powers drawing arbitrary lines on a map.

The people in those regions often feel no sense of national loyalty to each other, and the only way they have ever held together as “nations” is under the dominance of some strongman. You can’t turn such places into constitutional democracies just by writing a constitution and having elections.

Don’t misinterpret that: It’s not that some kinds of people aren’t ready for democracy as individuals. When they emigrate to the US or Western Europe, they often make fine citizens. The problem is that democracy requires a sense of mutual loyalty that the residents of places like Iraq and Afghanistan have never developed. And that’s something else you can’t instill at gunpoint.

What you can do at gunpoint, though, is stop them from killing each other.

We can’t kid ourselves about our good intentions. One mistake American interventionists often make is to whitewash our motives. We didn’t go into Iraq and Afghanistan because we wanted to bestow democracy on these oppressed peoples. We invaded Iraq for the oil and Afghanistan because we wanted to get Bin Laden. Building democracy was a story we told ourselves to salve our consciences.

Nothing is as doomed to failure as a mission you didn’t really believe in from the start.

If we examine our real motives before we start an intervention, usually we’ll either realize that we shouldn’t do this at all, or see that the scope of our mission should be much smaller than taking over the whole country.

So what about the Kurds? Our troops in Syria got there because they were fighting ISIS. Once the territory of ISIS had all been retaken, there were two reasons to keep them there: to keep ISIS from reforming, and to prevent either the Turks or the Syrians from attacking the Kurds.

Both of those were peace-keeping missions. We weren’t trying to teach the Kurds how to be a people; they knew that already. They were building their own nation.

One way you can tell the mission was peace-keeping is that war broke out as soon as Trump ordered our troops to stand down.

The Kurds believe that the Turks intend an ethnic cleansing of the area or even a genocide. Trump thinks not, but I guess we’ll see.

Planning. One final note: Even if you believe that our mission in Syria wasn’t worth the cost any more, there’s no excuse for the way Trump handled it.

When we do decide to pull out of a country, we need a withdrawal plan rather than just a tweet announcing our departure. First, we need a plan to get our own people out of the country safely. And second, we need to do right by the people who have helped us, and who will likely be targeted for death after we leave. If nothing else, that means doing something Trump hates to do: welcoming refugees to the United States.

The Leader or the Law?

The impeachment question is coming down to this: Will Republicans honor the Constitution, or usher in a new era of authoritarian rule?


More and more each week, the Trump strategy for avoiding impeachment looks to be a pure power play. He is barely even pretending any more that he hasn’t committed (and isn’t continuing to commit) impeachable offenses. Meanwhile his lawyers are making absurd arguments in court, demanding (and sometimes getting) blind loyalty from Trump-appointed judges.

It’s coming down to this: Will Republicans uphold their oaths of office, or get in line behind the Leader and let the American experiment in democracy end? The key question isn’t “What is right?” or “Who is guilty?” any more. It’s “Whose side are you on?” If there are five pro-Trump votes on the Supreme Court and 34 pro-Trump votes in the Senate, he wins.

And that’s the only way he wins.

In court, Trump’s lawyers are arguing that he has “absolute immunity” from every conceivable kind of legal jeopardy: not just indictments, but also investigations and subpoenas, state and federal alike. Ten days ago, that argument got laughed out of federal appeals court by two judges; the third, a Trump appointee, chose the Leader over the law. [1] Trump’s only hope for victory in his attempts to obstruct congressional investigations is that the five Republican judges on the Supreme Court do the same.

I refuse to believe that Trump’s lawyers can’t come up with any more plausible arguments than this sweeping claim of executive supremacy. Rather, it seems to be their intention to put the question to judges as bluntly as possible: Regardless of the law, are you with us or against us?

It’s not complicated.

Whether subpoenas allow Congress to gather more evidence or not, the rough transcript of the Ukraine phone call is by itself compelling evidence of abuse of power: Trump is using his office to demand a partisan political favor from a foreign leader. The only question at this point is whether that abuse is sufficient to warrant impeachment. [2]

But if the phone call represents a quid pro quo — Ukraine won’t get the weapons it needs to defend itself against Russia unless it does Trump a political favor — then all doubt about impeachability is removed: It’s bribery, which the Constitution specifically calls out as an impeachable offense. So “no quid pro quo” — implausible as that is, given the transcript — has been the mantra of Trump defenders.

But Thursday, acting Chief of Staff Mike Mulvaney openly admitted the quid pro quo. (In Mulvaney’s dual role as the head of OMB, he was responsible for holding up the Ukraine aid package.)

Did [the President] also mention to me the corruption related to the DNC server? Absolutely. No question about it. But that’s it. That’s why we held up the money … I have news for everybody: Get over it. There’s going to be political influence in foreign policy.

Reporters offered several follow-up questions to make sure that Mulvaney had really said what he said — some used the phrase “quid pro quo” in their questions — and he stuck by his claim. Only hours later, after he saw the firestorm his comments evoked, did he try to walk it back, blaming the media for “misconstruing” his confession, and basically telling the world that we hadn’t seen and heard what we saw and heard (and can watch again if we have any doubts).

Meanwhile, the Trump campaign has embraced the claim Mulvaney disavowed. They’re selling a “Get Over It” t-shirt. That kind of Orwellian doublethink has become typical of Trump’s defenders: We didn’t say it, and we’re proud that we did say it.

At the same press conference, Mulvaney announced a blatant violation of the Emoluments Clause of the Constitution: Trump would host the next G-7 meeting at his privately owned resort. That decision got reversed Saturday, after another firestorm, but without any admission that the proposal was criminal. The problem, in Trump’s view, is that people objected to his attempt to enrich himself. [3] If no one objects to his next acts of corruption, he’ll go through with them.

It’s becoming clear that the House will eventually vote articles of impeachment, one of which will be about Ukraine. (Possible others concern the multiple examples of obstruction of justice outlined in the Mueller Report, obstruction of the impeachment inquiry itself, and abundant additional examples of illegal emoluments.) Then the Republicans in the Senate will face a choice: Admit the now obvious fact that Trump has committed impeachable offenses, or choose the Leader over the law.


[1] The Slate article in the link lays out the scope of Judge Rao’s opinion:

there is another, even more disturbing aspect of Rao’s dissent. She wrote, ominously, that “it is unnecessary here to determine the scope of impeachable offenses.” Unnecessary here? It isn’t just unnecessary—it’s impermissible, because the federal judiciary has no constitutional authority to determine “the scope of impeachable offenses.” The Supreme Court has ruled that the Constitution assigns the power of impeachment to the House exclusively, denying the judiciary the ability to meddle in impeachment proceedings. Rao seemed to reject that precedent, instead suggesting that courts can “determine the scope of impeachable offenses” and, by extension, quash an impeachment on the grounds that the charges are not “high crimes and misdemeanors.”

[2] I argue that it is, using standards that I laid out long before the Ukraine affair, because the Ukraine call represents Trump’s attempt to cheat in the 2020 election. When the President’s corruption starts to affect the integrity of the next election, it is extremely cynical to argue that the voters rather than the Senate should remove him.

[3] Trump’s two defenses — that his Doral Resort is the best possible place to hold the G-7, and that he will host the event “at cost” and make no profit — are both absurd.

South Florida in June is a terrible place to be, which is why the Doral has such low occupancy rates then. (I know from personal experience, having attended a conference in Fort Lauderdale one June.) Plus, the Doral bears no resemblance to the kinds of places (typically remote, peaceful, and easily secured) where these events are usually held. It beggars the imagination to think that no place in, say, Hawaii or Maine would be better. For that matter, why not go back to the historic New Hampshire hotel where the Bretton Woods Conference was held in 1944?

And Stephanie Ruhle outlines the tricks Trump could use to funnel government money into his resort without reporting a profit.

The Monday Morning Teaser

It hasn’t been a quiet week in Lake Wobegon. The impeachment inquiry rolled on, hearing from a series of foreign-service officers about the subordination of America’s policy in Ukraine to Trump’s re-election. The testimony was behind closed doors, but several of the witnesses released their opening statements.

Meanwhile, the White House Chief of Staff virtually confessed, telling the press that military aid to Ukraine was held up so that it could be exchanged for Ukrainian commitment to investigate Democrats. It took a few hours for Mike Mulvaney to realize he’d given the game away, but then he came out and told the press they hadn’t heard him say what he said.

Trump sent Pence to Ankara to negotiate a “ceasefire” that looks a lot like a surrender. Elijah Cummings died. UK Prime Minister Boris Johnson finally negotiated an agreement to leave the EU, but the drama goes on as the October 31 deadline approaches. Nancy Pelosi stood up to Trump in a photo for the ages. The State Department finally cleared Hillary in the notorious email scandal. And a bunch of other stuff happened.

Anyway, there are two featured posts this week, both of which should be out within an hour or so. The first is my projection of where the impeachment debate seems headed: The evidence against Trump is increasingly clear, and the arguments he’s making in court to obstruct the investigation are increasingly bizarre. So it looks to me like it’s going to come down to a pure loyalty argument: Republican judges and senators should ignore the facts and the law and support Trump as a pure power play. I describe that in “The Leader or the Law?”

The second featured post takes a step back from the Syria question to consider something harder: Is there room to be against Trump’s betrayal of the Kurds without embracing “endless war” and American interventions around the world? I try to square my disgust at what’s going on in Syria with my own history of opposing foreign military adventures in “A Liberal View of Intervention”.

The weekly summary covers everything else, before ending with a cute puppy picture. Because we need that sometimes.

American Rope

The saying “never get into a well with an American rope” is gaining currency. The impact will be long-lasting.

Brett McGurk
former Special Presidential Envoy for the Global Coalition to Counter ISIL

This week’s featured posts are “Backstabbing the Kurds is Just Trump Being Trump” and “The Ukraine Story Runs Deeper Than We Thought“.

This week everybody was talking about the chaos in Syria

I covered the unsurprising nature of Trump’s faithlessness to the Syrian Kurds in one of the featured posts. Max Boot makes some of the same points, and then asks: “Are you happy now, Trump supporters? Is all this worth a corporate tax cut?”

Now let’s talk about what’s happening on the ground.

After being deserted by their American allies, the Kurds in northern Syria cut a deal with the Assad regime to protect them from the Turkish invasion.

Syrian state media said units from President Bashar al-Assad’s army were moving north to “confront Turkish aggression on Syrian territory”. Unconfirmed reports said the deal between the Kurds and the regime would be extended to apply to the whole of north-east Syria. …

The deal is likely to be a bitter end to five years of semi-autonomy for Kurdish groups in north-east Syria, forced by Ankara’s offensive on the area. Turkey’s Operation Peace Spring started on Wednesday after Donald Trump’s announcement that US forces would withdraw from the region.

The Russia-brokered deal gives Assad control over a large chunk of the country that had been independent, but it’s hard to blame the Kurds for making it. Assad wants to be their dictator, but Turkey might be planning an ethnic cleansing.

No one knows what happens next. Maybe Turkey and Syria will fight a war. Maybe there will be a quick ceasefire, brokered by Russia — with the US more or less irrelevant. Maybe we’ll get our 1000 troops out of Syria without losing any of them, or maybe we won’t.

One thing is certain: No one in the US government looked this far ahead. Trump certainly didn’t, and his decision to OK Turkey’s invasion surprised everybody else.


As so often is the case when Trump does something that doesn’t seem to make sense, it will benefit Putin. Was that the plan, or just a happy accident?


Initially, American troops were just pulling back to let Turkey establish a buffer zone, but now that the Kurds are with Assad, there’s no real role for the US any more. So Trump has announced that all American troops will leave Syria.

How they’ll get out is still an issue, but I’m sure the Pentagon will come up with something. Defense Secretary Esper said yesterday:

We have American forces likely caught between two opposing, advancing armies and it’s a very untenable situation. I spoke with the President last night, after discussions with the rest of the national security team, and he directed that we begin a deliberate withdrawal of forces from northern Syria.

This points out an issue that isn’t getting nearly enough coverage: We know that Trump made his decision to greenlight Turkey’s invasion during a phone call with Turkish President Erdoğan, and that the entire defense and diplomacy establishment was blindsided by it. This means that the experts weren’t consulted in the decision-making process, but Trump supporters can (with some justification) point to past US mistakes as evidence that expert-approved decisions aren’t always that great anyway.

But here’s the side of the story that’s getting missed: It isn’t just the decision-making process that got cut short, it was the planning process too. There’s a crisis going on, and the whole US government is out there with no plan. The troops don’t know how they’re pulling out. Nobody has thought about the inevitable refugee crisis. Our other allies in Syria (like France) don’t know what they’re supposed to do with their people. (And don’t think they won’t remember this the next time we ask them to join a coalition.) Our ambassadors to allied countries don’t know how to answer the questions they’re getting. Nobody seems to have thought about how to secure the ISIS prisoners the Kurds were holding. And so on.

The Washington Post reports:

“This is total chaos,” a senior administration official said at midday, speaking on the condition of anonymity about the confusing situation in Syria.

Although “the Turks gave guarantees to us” that U.S. forces would not be harmed, the official said, Syrian militias allied with them “are running up and down roads, ambushing and attacking vehicles,” putting American ­forces — as well as civilians — in danger even as they withdraw. The militias, known as the Free Syrian Army, “are crazy and not reliable.”

If you believe in Trump’s intuition — I don’t, but some people do — you might be comfortable with him ignoring the normal policy-making apparatus and just going with his gut. But there still needs to be an implementation process, or else your evacuation plan might just be to yell “Fire!” in a crowded theater.


Here’s something somebody should have thought of in advance:

[O]ver the weekend, State and Energy Department officials were quietly reviewing plans for evacuating roughly 50 tactical nuclear weapons that the United States had long stored, under American control, at Incirlik Air Base in Turkey, about 250 miles from the Syrian border, according to two American officials.

Those weapons, one senior official said, were now essentially Erdogan’s hostages. To fly them out of Incirlik would be to mark the de facto end of the Turkish-American alliance. To keep them there, though, is to perpetuate a nuclear vulnerability that should have been eliminated years ago.

and impeachment

The NYT examines the public statements of Republican senators and finds 0 supporting an impeachment inquiry, 15 who have “expressed concerns or say they have questions”, and 38 who support Trump unequivocally.


White House Counsel Pat Cipollone sent Congress a defiant letter, claiming the House’s impeachment inquiry is unconstitutional. (The Constitution is actually silent about the impeachment process, saying only that “The House of Representatives … shall have the sole Power of Impeachment.”) Consequently, the White House pledges to stonewall.

Given that your inquiry lacks any legitimate constitutional foundation, any pretense of fairness, or even the most elementary due process protections, the Executive Branch cannot be expected to participate in it. Because participating in this inquiry under the current unconstitutional posture would inflict lasting institutional harm on the Executive Branch and lasting damage to the separation of powers, you have left the President no choice. Consistent with the duties of the President of the United States, and in particular his obligation to preserve the rights of future occupants of his office, President Trump cannot permit his Administration to participate in this partisan inquiry under these circumstances.

The WaPo annotates that letter. I’ll add an annotation of my own: If it’s up to the President to decide whether an impeachment process is legitimate or not, then we’ve already lost the separation of powers.

One major claim of the letter is that Trump should receive all the due-process privileges of a criminal defendant at a trial: The right to have lawyers present, cross-examine witnesses, call his own witnesses, present evidence, and so on. As the annotations point out, this is the wrong point in the process for that: An impeachment inquiry in the House is like a grand jury investigation, not like a trial. The people under investigation have no official role in a grand-jury investigation. But if the House passes articles of impeachment, then the Senate (presumably) will hold a trial where Trump will have all these due-process rights.


In the Balkinization legal blog, Gerard Magliocca offers a novel interpretation of the White House counsel’s letter:

If an impeachment proceeding in the House can be unconstitutional as the President claims, then why can’t he say the same about the Senate trial? When the Senate trial begins … the President is bound to whine that he is being treated unfairly or that the Chief Justice is treating him unfairly. When, then, should he accept a guilty verdict from this “kangaroo court?” He can just say that the trial was unconstitutional and that he should remain in office. Maybe one object of the White House Counsel’s letter is to establish a predicate for that action.


At one point this week, Trump hinted that he might cooperate “if the rules are fair“. I was amazed by the number of media outlets that took this statement seriously: When has Trump ever admitted that he was being treated fairly? (He thinks it’s not fair that he hasn’t gotten a Nobel Peace Prize yet.)  If the House calls witnesses who say things Trump doesn’t like, that will be unfair in his eyes, because he deserves to have people say only good things about him.


From Ambassador Yovanovitch’s opening statement to the House Intelligence and Oversight Committees:

Today, we see the State Department attacked and hollowed out from within. State Department leadership, with Congress, needs to take action now to defend this great institution, and its thousands of loyal and effective employees. We need to rebuild diplomacy as the first resort to advance America’s interests and the frontline of America’s defense. I fear that not doing so will harm our nation’s interest, perhaps irreparably.

That harm will come not just through the inevitable and continuing resignation and loss of many of this nation’s most loyal and talented public servants. It also will come when those diplomats who soldier on and do their best to represent our nation face partners abroad who question whether the ambassador truly speaks for the President and can be counted upon as a reliable partner. The harm will come when private interests circumvent professional diplomats for their own gain, not the public good. The harm will come when bad actors in countries beyond Ukraine see how easy it is to use fiction and innuendo to manipulate our system. In such circumstances, the only interests that will be served are those of our strategic adversaries, like Russia, that spread chaos and attack the institutions and norms that the U.S. helped create and which we have benefited from for the last 75 years.

Yovanovitch’s testimony was important not just for what she said. (We don’t know most of what she said.) It was also important because it happened at all. The State Department tried to stop her from testifying, and she ignored them. All the other subpoenaed government officials have to look at that and re-examine their options.


Next up: Trump’s former Russia advisor, Fiona Hill, who I believe is testifying right now behind closed doors. She left the administration just days before the Trump/Zelensky phone call, and is expected to describe the pressure to get rid of Yovanovitch, among other things.

Ms. Hill took her objections to the treatment of Ms. Yovanovitch, who was targeted by Mr. Giuliani and conservative media outlets, to John R. Bolton, then the national security adviser, as well as others. Mr. Bolton shared her concerns, according to the person, and was upset at Mr. Giuliani’s activities, which she viewed as essentially co-opting American foreign policy toward Ukraine.

Tomorrow: Gordon Sondland, the ambassador to the EU who somehow wound up overseeing much of the Ukraine scheme. No one is too sure what Sondland is going to say: He’s a Trump donor rather than a career foreign-service guy, but he may not be willing to go down with the ship.


An appeals court says Trump’s accountants have to turn his tax returns over to the House Oversight Committee.

and the trade war

Friday afternoon, I felt like I was watching news reports from two different universes. CNBC was showing delayed video from the Oval Office, where President Trump was announcing a big trade deal with China. As I listened, though, the “deal” seemed more and more ephemeral: It’s a deal in principle, whose actual text isn’t worked out yet. Given how trade diplomacy goes, that could mean it all evaporates, the way that Trump’s agreement to denuclearize North Korea evaporated.

The video dragged on and on with no analysis from CNBC’s experts, so I flipped to MSNBC and CNN, neither of which was talking about it at all. On one channel it was breaking news worth interrupting regular coverage for a considerable length of time. On two others, it wasn’t worth mentioning.

So anyway, the markets seem unthrilled this morning. Here’s some analysis from The Street’s “Real Money” blog:

If Trump claims this to be a “substantial” deal … I am not sure if Trump has any adjectives to use if ever an actual deal were to be signed, [and] one wonders what a real deal would sound like. After all the fuss about the thirteenth round of U.S./China trade talks on October 9, all that came out was the U.S. has agreed to postpone an increase of tariffs from 25% to 30% on $250 billion worth of Chinese imported goods, and that China would purchase between $40 billion and $50 billion worth of U.S. agricultural products.

The hard pressing, game changing issues that Trump always beat his chest about, like Intellectual Property Theft and Technology Transfers, were not even discussed or finalized. The market cheered that tariffs were postponed, but let’s not forget 25% tariffs are still in place. There is no truce and China and U.S. companies are still being penalized. We all know how many times Trump has decided to throw a random curve ball at China days after any negotiation, only to shock the market once again.

and you also might be interested in …

So there’s another Democratic presidential debate tomorrow. It’s the first one since the Ukraine story broke and impeachment became an immediate possibility. It’s also the first one since Bernie Sanders’ heart attack, since Republicans started smearing Joe Biden on a daily basis, and since Elizabeth Warren started topping the polls.

With the way that Syria and impeachment have sucked up attention, I find myself looking at the other candidates in the race and asking, “Are you still running?” I can’t remember the last time I had a thought about Cory Booker or Amy Klobuchar.

I will warn Warren supporters not to get too carried away by the recent polls. To me, Biden’s candidacy in some ways resembles Mitt Romney’s in 2012. Several times during the primary campaign, some other candidate briefly passed Romney in the polls before falling back.


Warren continues to be interesting. She was asked what she would to say to someone who believes marriage is between one man and one woman, and her answer went viral:

I’m going to assume it’s a guy who said that, and I will say, then just marry one woman. … Assuming you can find one.

Conservatives (like Marco Rubio) took offense, but it’s hard to feel sorry for them, given how mild that put-down was. They can dish out the hostility, but they’re such snowflakes when the slightest disapproval is turned back on them.

Warren also showed some mettle in going after Facebook. Facebook has allowed Trump to post anti-Biden ads that have been rejected by most networks because they make provably false claims about his “corruption” in Ukraine. Biden has protested, but Facebook replied that “when a politician speaks or makes an ad, we do not send it to third party fact checkers”.

Warren decided to take this one step farther than just a protest. Instead, she boomeranged their policy back at them, running an ad headlined:

Breaking news: Mark Zuckerberg and Facebook just endorsed Donald Trump for re-election

That claim isn’t true, and the text of the ad admitted as much. But then it got to the real point:

But what Zuckerberg *has* done is given Donald Trump free rein to lie on his platform — and then to pay Facebook gobs of money to push out their lies to American voters.

So Mark, how do you like when people use your platform to lie about you?


There was another attempt to gin up an anti-Warren scandal. This time the claim is that she “lied” about being fired from her teaching job when she got pregnant. The evidence for this is that at different times she has emphasized different aspects of the story. The school district records just show that she quit.

If the goal was to smear Warren as a liar, it has backfired spectacularly. All over the country, women have spoken out to say yeah, this is how pregnancy discrimination works. There’s not a paper trail. There is plausible deniability, and there is the shame and fear that comes with losing a job. And back when Warren was pregnant, firing pregnant teachers was standard practice across the country – it was unusual to not be let go if you were having a baby.

There’s going to be a lot of this. I expect some new pseudo-scandal every week or two until Warren either becomes president or falls in the polls.


Brexit is steaming toward another deadline. There’s an EU summit on Thursday and Friday. Saturday is Parliament’s deadline for Prime Minister Johnson to either submit the deal he has negotiated with with the EU, or to ask the EU for another extension. If neither a deal nor an extension is worked out, the UK crashes out of the EU without a deal on October 31.


Poland had a chance to reverse its slide towards authoritarianism, but decided not to. It looks like the ruling Law and Justice Party increased its majority slightly. Yascha Mounk, author of The People vs. Democracy, comments:

As the example of many other populist governments, from nearby Hungary to faraway Venezuela, show, it is often in their second term in office that populist leaders manage to take full control, intimidating critics and eliminating rival power centers. In this election, the chances of the opposition were already somewhat restricted by a deeply hostile media environment. With the government now holding enough power to institute further anti-democratic reforms, it is likely that it will become ever harder for the opposition to do its work.

and let’s close with something bouncy

I know Sift closings are usually non-political, but I couldn’t resist this one. Here’s a bouncy song about impeachment from Jonathan Coulton and CBS All Access’ “The Good Fight”.