‘This is how democracies die’: House Democrats’ flagging urgency on Barr’s depravity is inexcusable

The rule of law is the very virtue that separates a democracy from a dictatorship. Though one’s ability to vote is a feature of democracy, elections are meaningless without a functional legal apparatus to safeguard them. People are allowed to cast votes in virtual dictatorships all the time, but their collective will is ultimately crushed by leaders who rig the outcomes. Without the rule of law America is doomed as a democracy, and the sanctity of the legal system is exactly what Donald Trump and his attorney general, William Barr, are working to dismantle in real time by turning the Department of Justice into a tool of the State.

Trump is reportedly seething after enduring three years of investigations for which he is constitutionally incapable of taking any responsibility. Sure, he called for Russia to find Hillary Clinton’s emails in 2016, and Russia followed suit almost immediately by hacking the Democratic National Committee. Sure, he asked the Ukrainian president to investigate his political rival Joe Biden and withheld desperately needed funding and political backing to pressure him into doing so. But Trump is never wrong, can never be questioned, and surely has never been held accountable in his life. And now that he will carry the stain of impeachment to his grave, there’s going to be hell to pay and the nation’s top law enforcement officer has proven eager to help wherever possible.

But this goes way beyond the interference Barr ran last year on public release of the Mueller report, which otherwise would have been devastating to Trump. Barr is now intervening in the administration of justice on multiple cases, weaponizing the Justice Department against Trump’s political enemies, and shielding Trump’s allies from the full force of the law.

The list of interventions is simply staggering. In brief, they include a relentless effort to find wrongdoing by the officials at the FBI and CIA involved with launching the Russia investigation in 2016, taking specific aim at former FBI Director James Comey and former FBI Deputy Director Andrew McCabe (who was already denied his pension benefits by Barr’s predecessor after decades of service at that bureau).

And on the leniency side, Barr has moved in recent weeks to lighten the punishment for two Trump loyalists and former campaign advisers, Mike Flynn and Roger Stone. In service of that goal, Barr removed the Senate-approved U.S. attorney in D.C. and replaced her in the interim with a close ally from his office, Timothy Shea, who has gladly done Barr’s bidding. Shea is the guy who earlier this week signed off on overruling the sentencing recommendations made by the four federal prosecutors on Stone’s case who have all since resigned in protest. While all these actions are indefensible, Barr’s interference with the sentencing recommendations of a Trump ally was so unprecedented that it has elicited an outcry from a groundswell of former federal prosecutors and Justice Department officials.

“I’ve never seen so many prosecutors, including those who aren’t political or those who haven’t been following this situation closely, go to red alert so quickly,” Joyce White Vance, a former U.S. Attorney in the Obama administration, told the Washington Post. “The reason is this: If a president can meddle in a criminal case to help a friend, then there’s nothing that keeps him from meddling to harm someone he thinks is his enemy. That means that a president is fully above the law in the most dangerous kind of way. This is how democracies die.”

Vance’s prognosis isn’t hyperbole. America is teetering on the edge and Republican lawmakers have proven to be nothing but a herd of sycophantic lemmings. Unfortunately, House Democrats, who do have some agency, haven’t exactly been robust in their response. Barr has agreed to appear before the House Judiciary Committee for a hearing but not until March 31. 

At her weekly press conference Thursday, Speaker Nancy Pelosi called Barr “a sad disappointment,” saying he had “deeply damaged the rule of law by withdrawing the Department of Justice sentencing recommendations” in the Stone case, among other things.

But frankly, Democrats should be jumping up and down about this in order to shine a public spotlight on the Justice Department’s turn toward becoming nothing short of an instrument of authoritarianism. How about a bicameral press conference? How about burying the Justice Department in subpoenas just to make a point? How about a speedier timeline for Barr’s hearing? Some actual outrage spiraling into public spectacle would be useful here. We need leadership to meet the moment so American voters will understand the stakes here and be fully operational when they hit the polls in November. 

Cartoon: A Calvinesque and Hobbesian look at impeachment acquittal

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Republicans angle to put a stranglehold on ‘nuisance’ impeachments in the future

Barely past the sham GOP-led impeachment trial of Donald Trump, U.S. senators on both sides of the aisle are already bracing for what they expect to be a shorter time period between this removal proceeding and the next one. But naturally, the goals of Republican and Democratic lawmakers are quite different, according to The New York Times.

Republicans hope to enact rules that would limit both the House’s ability to impeach a president and the scope of information that would be considered in a Senate trial. One GOP official is advocating for a way to block consideration of what they called "nuisance" impeachments sent over from the House, as if Donald Trump's attempt to rig U.S. elections with foreign help was just a pesky dust-up. To that end, Florida Sen. Rick Scott is pushing to raise the House threshold for impeachment to require three-fifths support in the lower chamber rather than a simple majority. 

Missouri Sen. Josh Hawley also wants to thwart the House's control over when articles are officially transmitted by simply giving the Senate authority to initiate a trial within a certain period after the House impeaches. 

Democrats, on the other hand, want to expand Senate trials by mandating that new documentary evidence and testimony be considered. “I’d like to see witnesses and documents be required,” Minority Leader Chuck Schumer said of the proposal from Oregon Sen. Jeff Merkley.

But at least some Republicans are pulling for a cooling-off period before any new rules are implemented. Missouri Sen. Roy Blunt noted that about a dozen years passed between the anticipated Nixon-era trial that ultimately never materialized and impeachment rule changes made in 1986. “They waited a dozen years before they said, ‘OK, now that things have totally settled down, nobody has an ax to grind, half the Congress that was here in 1972 isn’t here anymore, let’s look at the rules,’” Blunt said.

Solid majority of Americans say Senate acquittal did not clear Trump of wrongdoing

By a 15-point margin Americans say that, despite being acquitted in the Senate, Donald Trump has not been cleared of wrongdoing in the Ukraine matter. Fully 55% say Trump has not been exonerated by his acquittal while 40% believe he has, according a new Quinnipiac poll released Monday. The views of independents track almost perfectly with those findings, with 54% saying Trump has not been cleared and 40% saying he has.

Wanna restore sane leadership to the Senate? Give $2 right now to oust Trump’s GOP-led rubber stamp in the upper chamber. 

What this means more broadly is that Americans weren't fooled by Republicans' sham trial one bit. In the poll, 51% still believe that Trump's actions were serious enough to warrant impeachment, while 46% believe they didn't reach the threshold. Independents are split on that question 49% to 49%. Perhaps even more telling are respondents' views on whether the Senate trial was conducted fairly:

Unfairly: 59% Fairly: 35%  

That finding is almost identical to Monmouth polling also released today, showing 58% say the trial was unfair, while 35% say it was fair. In effect, Senate Republicans’ sham trial only inspired confidence in GOP voters, 54% of whom called it fair, while Democrats (78%-18%) and independents (56%-39%) overwhelmingly found it unfair.

Schumer asks for sweeping probe of whistleblower retaliation after Trump’s retribution campaign

Senate Minority Leader Chuck Schumer is asking 74 inspectors general, in every agency across the federal government, to investigate retaliation against whistleblowers following Donald Trump's weekend firing of people associated with his impeachment probe, according to Politico.

On Friday, Trump fired National Security Council member and impeachment witness Lt. Col. Alexander Vindman, along with his twin brother, Lt. Col. Yevgeny Vindman, who did not testify, and Ambassador Gordon Sondland, who repeatedly said during testimony that all of Trump's top lieutenants were "in the loop" on his Ukraine scheme. The Vindman brothers are both active-duty military and have been reassigned.

In a letter, Schumer call the dismissals "part of a dangerous, growing pattern of retaliation against those who report wrongdoing only to find themselves targeted by the President and subject to his wrath and vindictiveness.”

Schumer specifically asked to be updated by the Pentagon's acting inspector general, Glenn Fine, on how recently Defense Department staff had been reminded of their whistleblower rights. Schumer additionally requested written assurances that the Defense Department's general counsel would protect whistleblowers both past and present against retaliation. 

After firing Vindman from his White House assignment on the NSC, Trump continued smearing him over the weekend, calling him "insubordinate" and retweeting a GOP congressman who called him a "leaker."

Donald Trump feels invincible. He isn’t

The day after the GOP-led Senate acquitted him, Donald Trump held a White House rally packed with all his besties and sycophants to assure Americans he was even crazier than they had remembered. Still seething from the visible shredding of his speech by House Speaker Nancy Pelosi and the body blow of being the only president in history to draw a bipartisan conviction vote, Trump vomited venom for more than an hour, spewing words and phrases like, liars and leakers, scum, bullshit, sleazebag, phony, rotten, evil and sick.

By Friday, a newly emboldened Trump initiated his post-acquittal massacre, firing not only Lt. Col. Alexander Vindman, who provided impeachment testimony regarding his work on the White House National Security Council, but also Vindman's twin brother who similarly worked on the council and then Ambassador to the European Union Gordon Sondland, who perhaps provided the most damning testimony that all of Trump's top advisors were "in the loop" on the Trump-Giuliani Ukraine scheme.

It's a scary moment for the country, especially as we watched Democrats devolve into mayhem following Monday's caucus. And far from learning some sort of "lesson" from the whole impeachment episode that would rein him in, Trump learned that Senate Republicans were too cowardly to ever provide a check on him. He was now unbridled and free to act on his every impulse without any fear of consequence. 

Worse yet, the media got hung up on one Gallup poll showing Trump at 49% job approval and I'll be damned if that number wasn't bandied about as the absolute truth all week. Between acquittal, that singular poll, and higher job creation than anticipated in January (225,000 jobs v. 158,000 expected), many political analysts declared this one of the best weeks of Trump's presidency.

Not to worry. Trump is already stepping on his coattails with his unhinged rally and campaign of retribution. Instead of basking in the glow of turning the page, letting bygones be bygones, and making a renewed call for unity, Trump is responding like the grievance-ridden, petulant child he always proves to be. Once more, the polling pundits latched onto that's surely pushing Trump to feel especially emboldened is most likely an inflated outlier. His unusually high approval (still low by most standards) is likely being driven by a phenomenon that happens when one party or certain voters suddenly feel enthused, making them more open to talking to pollsters and telling them how they feel.  As researchers at Columbia University write, "Some of that shift can be explained by differential nonresponse: more Republicans and fewer Democrats answering the poll. This explanation for the change is not mentioned in the Gallup report, but we can read between the lines and see it." In fact, you can actually see that differential based on the variation in trend lines between phone polling right now (in gold below) and online polling (in blue), which tends to be a more stable representation of shifting attitudes over time.

Flagging this again: We're seeing very large differences in Trump's approval ratings by poll mode right now � perhaps the biggest of his presidency so far. We have some suggestive evidence that partisan non-response bias is artificially inflating his numbers in some phone polls. pic.twitter.com/H89RFXn47s

— G. Elliott Morris (@gelliottmorris) February 5, 2020

It also possible that as we head into an election year, some Republicans are simply starting to come home in the run up to November. Whatever the case, the Trump bump doesn't seem tied to any real appreciation in his standing with most voters. His cultists just appear to be ecstatic at the moment. They really do love those vendetta rallies. ;)

But as Democrats eye November, it's important to be clear-eyed about the over-hyped economy and the very real way in which it's failing the vast majority of Americans. First, it's true that Obama's last three years of job growth all beat Trump's best year so far. And while perception matters, actual pocket books matter a lot more. As Annie Linskey reported this week in a must-read piece for The Atlantic, "Beyond the headline economic numbers, a multifarious and strangely invisible economic crisis metastasized: Let’s call it the Great Affordability Crisis." 

Linskey notes that what Americans are earning only tells half the story. What they had to spend of those earnings is both the other half of the story and arguably the most important part. 

In one of the best decades the American economy has ever recorded, families were bled dry by landlords, hospital administrators, university bursars, and child-care centers. For millions, a roaring economy felt precarious or downright terrible. ... Fully one in three households is classified as “financially fragile.”

This is the crux of the matter. No matter what the statistics on the stock market, job creation, or even wage growth suggest, many Americans are still struggling mightily. The average American isn't necessarily experiencing a moment of glorious expansion, instead they're slogging through a wilderness of anxiety producing unknowns.

That truth, as unfortunate as it is, leaves plenty of room for Democrats to reach voters where they actually are and make a more reality-based case for boosting the fortunes of both working- and middle-class Americans to a brighter and more inclusive future.

Barr tightens grip on FBI, saying any 2020 candidate investigations must first get AG approval

There won't be any investigations of Donald Trump this campaign season. Attorney General William Barr sent a memo Wednesday to the FBI and U.S. attorneys across the nation instructing them to get his approval before opening any new inquiries during the 2020 election cycle, according to The New York Times.

Barr used the backdrop of 2016 and the inspector general's report criticizing some aspects of the FBI's investigation into Trump's campaign as justification for his new decree. The department, he wrote, had a responsibility to safeguard against "improper activity or influences" in the election. “In certain cases, the existence of a federal criminal or counterintelligence investigation, if it becomes known to the public, may have unintended effects on our elections,” Barr wrote.

In other words, Trump is still really pissy about the Russia probe—even though it was never public—and wants to ensure that none of the other corrupt activities he is surely engaged in will interfere in his election, not to mention get investigated at all.

Barr, a man who skewed the rollout of the Mueller report in Trump's favor and declined to investigate Trump Ukraine call for criminal violations, advised, "we also must be sensitive to safeguarding the department’s reputation for fairness, neutrality and nonpartisanship.” Whatever reputation the Justice Department had for delivering fairness is already long gone under Barr's leadership.

In the big picture, this is just one more move by Barr to consolidate power. During the Senate impeachment trial, Barr also installed a loyalist as the new U.S. attorney in D.C., the largest U.S. attorney’s office in the country that also happens to handle many of the most politically sensitive cases in Washington. In another recent development, the Justice Department, which had recently sought six months of jail time for former Trump national security adviser Michael Flynn, is now saying probation time would be acceptable. 

In ways both obvious and cunning, Barr continues to prove his commitment to doing Trump’s bidding, no matter the task. 

#MattGaetzIsATool trends big-time after announcement of ‘ethics complaint’ filing against Pelosi

On Thursday morning, Republican Rep. Matt Gaetz of Florida announced that he had filed an ethics complaint against House Speaker Nancy Pelosi for ripping up her copy of Donald Trump’s State of the Union speech. It’s predictable and arguably exactly what Pelosi was expecting, with Gaetz saving network pundits from hours of bad takes on the actual contents of the speech. Gaetz is acting out one of the many theatrical displays of fealty that Republican hacks will be performing for their fearful and corrupt leader. It’s very on-brand for the Republican Party: conducting a witch hunt against a woman, wasting American taxpayer money, and not doing their actual jobs as legislators. 

Gaetz is a special kind of craven, though, as he combines the condescension of Ted Cruz with the piss-poor intellect of Louie Gohmert. This is a man who has in the past tried to intimidate witnesses and has had his own run-ins with the law, all issues of ethics.

After the announcement of the ethics complaint, #MattGaetzIsATool went viral on Twitter.

Because there is video of every hypocritical moment in these many Republican tools’ lives, here’s a reminder of the kind of hypocritical, two-inch-deep politician Matt Gaetz is.

"Let me say right here, right now. Absolutely Donald Trump should release his tax returns." GOP Rep Matt Gaetz #MattGaetzIsATool pic.twitter.com/WcQKygIwIu

— Scott Dworkin (@funder) February 6, 2020

And a moment with someone who served his country and actually believes in the oath he took to protect our country’s values and institutions:

Watch GOP Rep Matt Gaetz get told to his face by a Veteran that he�s betraying his oath of office for defending Trump�s high crimes. #MattGaetzIsAToolpic.twitter.com/0jZSKkqiKb

— Scott Dworkin (@funder) February 6, 2020

Who doesn’t like a good Trump bill-signing meme?

She shredded those lies and filed them where they belonged, in the trash. It was HER copy of the lies. The President disrespected the House creating a reality show giving a medal to a racist. �� #MattGaetzIsATool pic.twitter.com/FEiLsFHmc1

— Kim Shelton (@KrazyNbama) February 6, 2020

Here’s a riddle.

Q: What do you get when you cross a failed sobriety test, a failed anti-bullying advocate, & a failed steak salesman? A: This photo.#MattGaetzIsATool pic.twitter.com/k33RojydAW

— Eric Wolfson (@EricWolfson) February 6, 2020

Gaetz knows all about House ethics complaints.

That time we filed a House Ethics Complaint against Matt Gaetz for intimidating a witness and obstructing justice #MattGaetzIsATool https://t.co/KggQexAt03

— Scott Dworkin (@funder) February 6, 2020

Here’s a visualization of the hashtag.

#MattGaetzIsATool Donald Trump's tool. pic.twitter.com/s6BXW76fZZ

— The Joy of Trolling (@twelthavenue) February 6, 2020

And another one, which makes me laugh. A lot.

#MattGaetzIsATool Imagine thinking Matt Gaetz is a good person to try and lecture you. pic.twitter.com/gyzelJOrMD

— The Joy of Trolling (@twelthavenue) February 6, 2020

And because the children are our future.

This girl is going places!#MattGaetzIsATool #Traitor #CorruptGOP pic.twitter.com/kHnpK0GrQP

— Mark Buckman for Bernie Sanders! (@bAdmArk) February 6, 2020

Impeachment may be over, but Pelosi clearly isn’t done shredding Trump

House Speaker Nancy Pelosi feels "liberated," as she put it at her Thursday press conference with reporters. "I feel very liberated," she said, repeating the sentiment twice. "I feel that I've extended every possible courtesy. I've shown every level of respect," she said of Trump. It sounded as if she might add "but now..." and then pivot to a glimpse of the new road ahead. She did not tip her hand. The path Pelosi is plotting is something that will unfold over time.

But for the moment, Pelosi ain't apologizing for nothing, despite taking some heat over performing a very public shredding of Donald Trump's State of the Union address Tuesday night. Asked if she had trampled on her consistent message of championing a certain dignity in our politics, Pelosi responded without missing a beat, "No, I did not. I tore up a manifesto of mistruths."

She reminded the press corps how hard it is to get them focused on reporting about the actual issues and policies House Democrats are working on, including an infrastructure bill and a bill they passed to lower drug prices (H.R. 3) that's currently dying a slow death on Mitch McConnell's desk. Meanwhile, Trump used his address as an opportunity to spew complete nonsense about Republicans supposedly protecting people's preexisting condition coverage when in fact they are working to dismantle it.

"He misrepresented all of that," she said. "It was very necessary to get the attention of the American people to say, this is not true and this is how it affects you," she said of her public display, adding, "And I don't need any lessons from anybody, especially the president of the United States, about dignity. Is it okay to start saying 'four more years' in the House of Representatives? It's just unheard of."

Pelosi later explained that her unexpected shredding was premeditated and had nothing to do with the fact that Trump hadn't shaken her hand at the beginning of the speech. "That meant nothing to me," she said. Instead, she had quickly scanned the speech and realized it was riddled with lies.

"When I saw the compilation of falsehoods," she explained, "I started to think there has to be something that clearly indicates to the American people that this is not the truth." In other words, far from a fit of pique, it was a little bit of theater by Pelosi, who was very much in control of the message she hoped to relay to the public. 

She also skewered the crux of Trump's speech, saying he hadn't told the nation anything about where he planned to lead the nation. "That was not a State of the Union, that was his 'state of his mind' address" she explained. "We want a state of the Union—where are we, where are we going, and the rest."

Pelosi emphatically declared that the nation must vote Trump out. "Next year we will have a new president of the United States. That is an absolute imperative for our country," she noted.

Taken together, Pelosi's remarks reveal how offended she was that Trump coopted The People's House to stage a campaign rally filled with lies, chants, and completely devoid of a vision for the country. "Do it in your own office," she quipped. "We don't come in your office and do congressional business."

Pelosi has always been a measured and calculated politician, but she appears to be entering a new gloves-off phase of her speakership. Her final words before leaving the podium were unequivocal: "He has shredded the truth in his speech. He's shredding the Constitution in his conduct. I shredded the state of his mind address."

Just guessing there’s more shredding to come from Pelosi.