The Breakfast Club (Summer Winds)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:00am (ET) (or whenever we get around to it) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

An armistice ends the Korean War; A House panel votes to impeach President Richard Nixon; A pipe bomb explodes at the Atlanta Olympics; The deposed Shah of Iran and comedian Bob Hope die.

Breakfast Tunes

Something to Think about over Coffee Prozac

Life is about having a good time, and it was a good time. We did some things well and some things poorly, but that was always the case.

Norman Lear

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Facebook Sucks

Facebook just had the worst day in stock market history
by David Goldman, CNN
July 26, 2018

Shares plunged 19% on Thursday after executives warned that revenue growth would slow as the company focuses on user privacy.

The sell-off vaporized about $119 billion in market value — the biggest single-day loss for any public company in history, according to Thomson Reuters.

For founder Mark Zuckerberg, the loss came to almost $16 billion, according to Forbes, which tracks billionaire wealth in real time. That dropped him from fourth to sixth on the list of richest people in the world.

Facebook (FB) Chief Financial Officer David Wehner said on a conference call with investors that Facebook is “putting privacy first” after the Cambridge Analytica scandal triggered a wave of horrible press, customer angst and regulatory scrutiny around the world.

Complicated Art Thoughts

I consider myself a writer and writing an art but in a certain sense I’m indulging in compulsive behavior and excusing the awkwardness of interacting in uncontrolled environments as an expression of beauty or truth and expecting your approval.

I’m an acquired taste. I think everything is representational but everything representational is an illusion (the meaning of ‘representational’ shifts). Does Art exist in a forest if no tree is there to see it? Is Object Impermanence real?

Peek-A-Boo!

Somehow this stance, which is simply a mental crutch designed to affirm my existence has independent value so stop picking on me, when linked with my firm belief that the Artist has no claim of control over how their work is interpreted for good or ill, nor are they compelled to explain it, seems to lead others to conclude I’m either a nihilist or a libertarian but the truth is I like a Turner just as well as a Seurat.

More Stupid Watergate

Hail Hydra

Cartnoon

Facebook

The Breakfast Club (Secrets)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:00am (ET) (or whenever we get around to it) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

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This Day in History

President Harry Truman orders desegregation of U.S. Military; Cuba’s Fidel Castro attacks Moncada barracks; Argentina’s Eva Peron dies; Playwright George Bernard Shaw and rock star Mick Jagger born.

Breakfast Tunes

Something to Think about over Coffee Prozac

Lose your dreams and you might lose your mind.

Mick Jagger

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So Much News

Trivial things-

The Call Girl Chorus

There are those who will think that a denigrating and sexist title but what it means is a Girl you can call and have a chat with, go out and have fun with, dump all your emotional negativsm on as well as your weird and creepy perversions and walk away free of any personal connection because you paid cash, and a lot of it.

And we’ve been introduced to two fascinating people, Stephanie Clifford and Michael Avenatti and it’s fun when they show up but what does any of it mean?

The Trump-Cohen tape, explained
By Andrew Prokop, Vox
Jul 25, 2018

(T)he tape is plenty dramatic on its own — and plenty revealing about how Trump and Cohen operated.

It confirms that Trump was well aware of Cohen’s involvement in the McDougal payoff. And since the two men use vague shorthand to describe it, Trump was likely very much in the loop on Cohen’s other legally questionable activities on his behalf as well. The ultimate legal implications, though, remain unclear.

Michael Cohen is a longtime lawyer and employee of Trump who’s called himself Trump’s “fix-it guy” — “If somebody does something Mr. Trump doesn’t like, I do everything in my power to resolve it to Mr. Trump’s benefit,” he’s said. This role included trying to suppress scandalous stories that could damage Trump during the presidential campaign. By the time the tape was recorded, Cohen was already infamous for making profane, violent-sounding threats to reporters and others.

An important ally in this effort was American Media Inc. — the parent company of the National Enquirer, the famed supermarket tabloid, as well as other gossip outlets. The company’s chair, David Pecker, was a longtime personal friend of Trump. Trump himself was a frequent source for Enquirer stories, and the magazine would in return cover him positively — as it did, while savaging his opponents, during the 2016 campaign.

But that’s not all AMI did for Trump. The New Yorker’s Ronan Farrow has reported that the company was known to sometimes use a tabloid industry practice called “catch and kill” for major celebrity scandal stories. It would pay for exclusive rights to a source’s story about a scandal, and deliberately never publish it — as either part of a favor-trading relationship or an effort to gain leverage over the celebrity.

And in November 2015, AMI did that for Trump: The company paid a former Trump Tower doorman $30,000 for exclusive rights to his story that Trump had fathered a child with one of his employees, and never ran it.

Enter Karen McDougal. McDougal has said she had an affair with Trump from about June 2006 to April 2007, which began when they met at a party at the Playboy mansion (she was a Playboy model) and included multiple other encounters. As Trump’s presidential campaign heated up in 2016, McDougal tried to see if she could make some money from her decade-old experience.

A contact in the adult film industry put McDougal in touch with Keith Davidson (the same lawyer who later represented Stormy Daniels for a similar transaction). Davidson then opened discussions with AMI, the National Enquirer’s parent company. Eventually, on August 6, 2016, McDougal signed a contract to sell the exclusive rights to her story about her affair with Trump to AMI, in exchange for $150,000 and the promise of numerous columns and two cover features at AMI magazines. (AMI then, of course, didn’t run the affair story.)

During this process, it turns out that Davidson and AMI were in contact with Trump’s lawyer Michael Cohen. Davidson, in fact, promptly informed Cohen when the deal was completed — raising some questions about who he was really working for. And on the September 2016 tape, Cohen discussed the matter with Trump.

Rather than a smoking gun, the tape is probably most significant as a piece of a larger puzzle about an apparent hush money and scandal suppression operation for Trump. What we learned specifically from the tape is that Trump was well aware of Cohen’s involvement with AMI and David Pecker in hushing up McDougal.

The specific thing Trump and Cohen discuss doing in the tape is themselves paying AMI. There’s no evidence yet that they actually ended up doing this. So if the tape was in fact merely a brief hypothetical discussion of something that didn’t happen, it could be difficult to charge someone.

One problem looming over all this, though, is that money spent to help a candidate for federal office is supposed to be reported under campaign finance law.

None of these payments — from Cohen to Daniels, AMI to McDougal, or AMI to others — were reported. That puts all parties involved in legal jeopardy. The Trump Organization, too, could be in trouble, since Cohen explains that its CFO, Allen Weisselberg, was helping him out.

Trump allies’ best chance of defending themselves is probably to argue that the payments weren’t truly campaign-related. Trump, for instance, could argue that he is a celebrity and that such payments are common among celebrities dealing with the tabloids. AMI, too, could try to argue that this was a standard practice it used in its celebrity coverage. But the evidence could well contradict these claims.

Almost immediately after the raids, intense speculation began over whether Cohen would “flip” on Trump, and provide damaging information to prosecutors as part of a plea deal.

Instead, Cohen filed a lawsuit attempting to assert attorney-client privilege over as much of the seized material as possible, and prevent the government from seeing it. The Trump Organization joined the suit too, in an attempt to assert its own privilege. A federal judge in New York appointed a special master to adjudicate these claims.

After months, that process is now winding down, and the result has been that the government is getting the vast majority of the material the FBI seized from Cohen — out of more than 4 million files seized, around 3,000 have been deemed privileged or partially privileged by the special master so far.

Cohen’s allies, meanwhile, have been repeatedly dropping hints in the press that he’s thinking of cutting a deal with prosecutors rather than fighting expected charges against him. He publicly implied that in an interview with ABC, and then hired Lanny Davis, a longtime ally of the Clintons, to join his legal team (and manage his PR strategy).

There have also been a few hints that Cohen’s true desire was for Trump to agree to pay his expensive legal bills (or perhaps to get a pardon) — though if that was the case, it does not seem to be working.

Still, there’s been no word of Cohen actually entering into talks with prosecutors about a plea deal just yet. But both sides may have been waiting for the special master’s review to conclude, to get a better idea of what the government actually had on Cohen.

In any case, Cohen certainly appears to be more antagonistic to Trump than ever, as seen in not just his leak of the tape but his leak of it to CNN — the network so loathed by the president. So expect more revelations to come.

Cartnoon

Jenny Nicholson

In case you’re tempted to see any version of The Purge

don’t.

The Breakfast Club (Metaphors)

Welcome to The Breakfast Club! We’re a disorganized group of rebel lefties who hang out and chat if and when we’re not too hungover we’ve been bailed out we’re not too exhausted from last night’s (CENSORED) the caffeine kicks in. Join us every weekday morning at 9am (ET) and weekend morning at 10:00am (ET) (or whenever we get around to it) to talk about current news and our boring lives and to make fun of LaEscapee! If we are ever running late, it’s PhilJD’s fault.

 photo stress free zone_zps7hlsflkj.jpg

This Day in History

Andrea Doria begins to sink after a collision in the North Atlantic; An Air France Concorde crashes outside Paris; First ‘test-tube’ baby born; Golfer Ben Hogan dies; ‘A Chorus Line’ opens on Broadway.

Breakfast Tunes

Something to Think about over Coffee Prozac

Metaphors have a way of holding the most truth in the least space.

Orson Scott Card

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Deliberate Confusion

The reason I went with the Manafort thing is there seems to be a deliberate confusion of 3 separate investigatory threads-

Manafort, cracked like Capone.

The paperwork is bad, really bad. Manafort goes to jail for real and a long time, he will not emerge alive. Manafort knows this and chooses silence in the hope the Russians spare his family.

So, ultimately unproductive. Manafort dies off screen, only his documents remain and to the extent they don’t contain direct evidence linking Trump to crimes like money laundering useless except to pressure Manafort who is, alas, dead.

What Manafort knows that makes him valuable is the strategy and finances of the Trump Spy Ring and its Moscow Centre controllers. A big get that won’t be got.

Cohen, Tape Hoarder.

He can’t wait to sell out to the lowest bidder and very disappointed people are not returning his calls.

The problem is he’s giving too much. All those tapes, all the reciepts, all 16 sets of books, the neatly filed threat letters and SLAPP suits.

Now this pile of junk is his life and you might expect him to be a little more familiar with it so the SDNY (not Mueller) are taking a fair amount of time to make sure they understand what they already have.

At least a slam dunk based just on the paper and unlike Manafort his emergency signals are on as he sits on the side of the road ahead of the cruiser waiting for the report from the station.

We will learn everything about Trump’s daily assholery from his gate crashing celebrity aggression to his cheapness and petty thievery. Other than that maybe not much, though if it turns out Trump impregnated the other Playboy Model (not the one the Inquirer bought out, the one that was paid by ‘Elliot Broidy’ to have an abortion) maybe the Evangelicals might be disgusted enough by their “Baby Killer” leader fo it to make a difference.

I expect not though.

Why we started investigating Carter Page.

You know? Who cares? The guy was listed as a recruiting target by Russians. You’ll notice that objections to the ‘Steele Dossier’ now centers entirely on whether Donald Trump committed one deviant sexual act (and at that you have people who argue that mere recruitment, direction, financing, and witness is insufficient if you can not prove participation).

Carter doesn’t know anything about that anyway. He’s a clown, a red hatted distraction. In this case for an elaborate conspiracy theory (Vincent Foster will not die) where Obama and Hillary spied on Trump AND produced an elaborate and fantastical cover up for when their election theft succeeded and they had to diffuse the proud patriots who were a minority.

In a minority.

In a minority party.

But you represent a HUGE minority in the White Bigoted Party and are thus allowed to be arrogant aggressive bullies because…

We’re a MAJORITY country, a democracy.

Cartnoon

Cooking with Jeff

and Bryce Dallas Howard.

Stopping Presidential Wars

One of my favorite constitutional lawyers is Bruce Fein. Although he is considered a conservative and was one of the authors of the articles of impeachment against President Bill Clinton, Fein advocated for the dual impeachment of Pres. George W. Bush and his vice president, Dick Cheney, during a discussion with then Washington correspondent for The Nation, John Nichols in 2007 with Bill Moyers. So it was no surprise cruising the internet on a train, I found an interview with him with James Carden at The Nation. Although Fein holds many views that I disagree with, I have found his opposition to the use of torture and presidential military intervention unfettered by congress quite compelling arguments.

In his interview with Carden, Fein takes up a discussing of House bill HR 922 which would define “presidential wars” as those not declared by Congress under Article I section 8 of the US Constitution as an impeachable “high crime and misdemeanor.” Fein wrote the bill that was introduced to the House Judiciary Committee by Representatives Walter Jones (R-NC) and Congresswoman Tulsi Gabbard (D-HI) on July 18. Carden notes that the interview with Fein was edited for length and clarity:

James Carden: Mr. Fein, you are a constitutional lawyer who served as an associate deputy attorney general in the Reagan administration. And I know you write frequently on constitutional and foreign policy for The American Conservative, among other publications. What prompted you to take the issue of presidential wars on? Where does your interest stem from?

Bruce Fein: I am keenly interested in war for manifold reasons. War makes what is customarily first-degree murder legal, i.e., intentional killing not in self-defense. War violates the cornerstone precept of civilization: It is better to risk being the victim of injustice than to be complicit in it. War migrates a nation’s collective genius from production to destruction. War squanders vast sums better spent on infrastructure and education in civics indispensable to discharging the obligations of citizens in a republic. The first casualties of war are the rule of law and truth. As Cicero observed, in time of war the law is silent. War gives birth to a surveillance state and the crippling of privacy protected by the Fourth Amendment under a national-security banner. War replaces transparency with secrecy inconsistent with government by the consent of the governed and congressional oversight of the executive. War destroys the Constitution’s separation of powers—a structural Bill of Rights—by entrusting limitless power to the president. If the American people and Congress neglect to terminate and sanction presidential wars, the American republic will crumble like the Roman Colosseum and the sacrifices and hardships of Valley Forge, Cemetery Ridge, and Omaha Beach shall have been in vain. At present, the United States is engaged in nine unconstitutional presidential wars in Libya, Somalia, Yemen, Pakistan, Iraq, Afghanistan, Syria, and against Al Qaeda and ISIS.

JC: For many (or perhaps when you survey today’s Washington, too few) of my generation, George W. Bush’s Iraq II was a big wake-up call, but the trend of untrammeled presidential war making seemed to have begin in earnest under the Clinton administration, during which time the US militarily intervened in Somalia (1993), Haiti (1994), Bosnia (1995), and Kosovo (1999). Clinton also directed airstrikes on Sudan in what was said to be an attempt on Osama bin Laden’s life. Clinton also bombed Iraq (1998) over its violations of the NATO-enforced no-fly zone. And the number of unconstitutional wars has only multiplied under Clinton’s successors. What do you think explains the trend toward presidential wars?

BF: The beginning of presidential wars goes further back than that. Presidential wars began with President Truman’s Korean War, which he styled a “police action.” But it involved more than 5 million US military personnel, 3 million Chinese soldiers, millions of North and South Korean soldiers, millions of casualties, and the risk of nuclear weapons. Then came presidential wars in Vietnam, Laos, Grenada, Panama, Kuwait, etc. The multiplication of presidential wars was sparked by the disintegration of the Soviet empire in 1991 (which acted as a small deterrent) and the blossoming of the American delusion that we won the Cold War because we had a monopoly of angelic DNA and were the new chosen people.

JC: How would this legislation halt these wars?

BF: HR 922 would end this extraconstitutional phenomenon by defining presidential wars as impeachable offenses, which would expose the president to impeachment by the House, conviction by the Senate, and removal from office.

JC: What has been Congress’s role in all of this? They have seemed to have abandoned their constitutional role for the better part of 25 years, at least since George H.W. Bush was compelled by the congressional leadership to win approval for the first Gulf War. What, in your view, explains this abdication?

BF: Congress has scampered away from voting on war because members are risk-averse and a vote for war would be controversial and expose them to criticism or worse if the war went south. But to be clear on the history: George H.W. Bush did not obtain a declaration of war against Iraq in Kuwait in 1991. He asked and received political, not legal, support. The congressional resolution says nothing about a declaration of war against Iraq, but kicks the decision to the president.

JC: A resolution to end presidential wars has been something you and your colleagues at the Committee for the Republic have been advocating for some time, but this is the first time two House members—Walter Jones and Democrat Tulsi Gabbard—have introduced legislation to address the issue in what could be, if passed, the most consequential foreign-policy legislation since the War Powers Resolution of 1973. What are the prospects for passage? Is there a companion bill in the works for the Senate?

BF: The prospects for passage of HR 922 are remote in the short run. Its immediate purpose is to spark a public and congressional debate about war powers that has been generally silenced by both the Republican and Democratic parties since the Korean War in 1950. At present, there is not a companion bill in the Senate because senators sit as triers of fact and adjudicate articles of impeachment voted on by the House.

JC: President Trump campaigned on an “America first” foreign policy, which, according to one well-known study, may have proved the one of the decisive factors in his surprise win over the liberal hawk Hillary Clinton. In other words, there seems to be popular support for a less activist, militarist foreign policy in the US at large, but such views have virtually no constituency here in DC. What do you think explains the—for lack of a better term—popular/elite disconnect?

BF: I disagree. There is no popular disconnect between the elite and the general populace. In our culture, like others, the armored knight moves across the pages of romance and poetry and excites the rapture of the multitude by offering the vicarious thrill of power or domination of others to deflect attention from their philosophically empty souls. We have 4,000 war memorials and museums and virtually none for philosophers or sages like Nestor or Merlin. At the All-Star Game I attended yesterday in DC, the crowd loved the flyovers of fighter-bombers. War is the oldest scourge of mankind, and will always be. The only way to arrest it is to place the war power in an institution with no incentive to exercise it except in self-defense, i.e., Congress with a temperament of a Labrador retriever, not a pit bull like our current executive-branch personality.

I don’t think that this current congress, or even a future one, would have the cajones to pass this and expect a president to sign it, especially Donald Trump. The real solution is for congress to rescind the current Authorization for Use of Military Force and stop abrogating its duty under under Article I section 8 of the US Constitution.

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