I’m Glad I Got Booed at CPAC

Ask me that at a cocktail party and I will talk your ear off about how the very people who had lectured us about the utter venality of workplace sexual harassment throughout the 1980s became suddenly quiescent when the malefactor was Bill Clinton.

.. How can conservative women hope to have any credibility on the subject of sexual harassment or relations between the sexes when they excuse the behavior of President Trump? And how can we participate in any conversation about sexual ethics when the Republican president and the Republican Party backed a man credibly accused of child molestation for the United States Senate?

I watched my fellow panelists’ eyes widen. And then the booing began.

.. I’d been dreading it for days, but when it came, I almost welcomed it. There is nothing more freeing than telling the truth. And it must be done, again and again, by those of us who refuse to be absorbed into this brainless, sinister, clownish thing called Trumpism, by those of us who refuse to overlook the fools, frauds and fascists attempting to glide along in his slipstream into respectability.

.. Just hearing the words you know are true can serve as ballast, steadying your mind when so much seems unreal.

.. A substantial number of people applauded. And as I was hustled out of the building by security, various supporters gave me the thumbs up sign.

.. Just before I reached the exit, a woman approached me and called my name. “That was so brave!” she told me.

She was one of my fellow panelists. I hope she’s encouraged. I am.

The Two Things That Will Determine Netanyahu’s Fate

With the Israeli police recommending that he be indicted, the prime minister is entering a major battle for political survival.

.. Twenty-one years ago, in early 1997, the Israeli police announced its recommendation that Benjamin Netanyahu, then a 47-year-old first-term prime minister, be criminally indicted for breach of public trust.

.. The attorney general in 1997—a well respected jurist beyond suspicion—decided that the case was too weak for trial. Nor did the police recommendation alone cause Netanyahu’s coalition partners to leave the government or go to new elections. And so, the 1997 police recommendation notwithstanding, Netanyahu survived politically and continued to serve until 1999, when he was defeated in the ballot box.

 .. he is entering a major, perhaps final battle for political survival.
.. Case 1000, involves a longstanding Netanyahu household practice of receiving regular gifts from a small set of multi-millionaires, some with business interests in Israel.
.. “Receiving gifts from friends is not forbidden” is the Netanyahu public defense.
.. the case reflects the widespread perception that the Netanyahu family enjoys the good life just a little too much for public servants, and often disregards norms and perhaps even the law in pursuit of perks. Netanyahu, in this regard, ushered in an age of leaders who didn’t espouse the modest, even austere image of the early-day Israeli leaders.  

.. Case 2000, involves the media, and it is in many ways far more troubling. Netanyahu has been media-focused and media-savvy, more than any other Israeli leader.
.. he Madrid peace conference of 1991. He was armed with perfect English, a baritone voice, and an American style of speaking, replete with well-crafted sound-bites, visual gimmicks, and—a novelty in 1990s Israel—an interest in the minutiae of interviews: how to apply makeup and which camera angle to choose for best effect.
.. He seemed then to be part of a wave of young, attractive American-style politicians around the democratic world, such as Bill Clinton, Tony Blair, and Gerhard Schroder, even if ideologically he was much closer to Ronald Reagan, Margaret Thatcher, and Helmut Kohl.
.. Over the decades, he has paid a great deal of attention to message management, and, increasingly, to management of the media itself.
.. In 2007, however, something dramatic changed. The main newspapers in Israel suddenly found themselves outmatched in their own game: a new publication, Israel Hayom (“Israel Today”) appeared on Israeli streets. Rather than a hostile tone toward Netanyahu, Israel Hayom (also known as the Bibi-paper) propagated an adoring tone toward Netanyahu and his family, and a hostile one toward Olmert, the center, and the left. Israel Hayom’s cover price was unbeatable: 0.00 shekels.
.. No one suffered more from the entry of Israel Hayom than the old papers, chief among them Yediot Ahronot. The Israeli public took up the free publication; when Netanyahu became prime minister Israel Hayom also adopted a positive, optimistic tone about the direction of the country, and all this at no financial cost to the reader. It became the mostly widely read publication, dethroning Yediot Ahronot after many years, and causing havoc throughout the press scene.
.. Case 2000 surrounds a shocking revelation: a tape recording unearthed in a separate investigation of apparent negotiations between Netanyahu and the publisher of Yediot Ahronot. The purported deal was a detente between the two warring factions: the publisher, Noni Mozes, would provide more favorable coverage for Netanyahu in his paper, and Netanyahu would limit the circulation of the competitor Israel Hayom to weekdays, leaving the lucrative weekend editions to Yediot Ahronot.
.. Netanyahu has claimed that he was just bluffing; there was no real quid-pro-quo, merely a proof of precisely what Netanyahu had been saying all these years: The media moguls were out to get him
.. the deal never came to fruition
.. the police claim, Netanyahu was not bluffing; he convened parliamentarians to see what legislation might be promoted to limit his own ally publication and looked into implementing the deal. He was, they claim, conspiring to use his official position to the benefit of a commercial entity in exchange for a political favor. If a correct interpretation of the facts, that is bribery.

.. Netanyahu has now publicly acknowledged that the “Israel Hayom bill” (not Iran, or the Palestinians, or economic affairs) was the reason for calling the elections
.. Some members of his own party would hope that he resign without an election, meaning that one of them
would replace him temporarily.
.. He may point to the letter of Israeli law, which does not require a prime minister’s resignation until conviction (despite precedent to the contrary
.. Israelis are correct, however, that the string of corruption cases in the past two decades have brought a new a level of shamelessness to Israeli political life.
.. If his term ends in the coming year it will be because he is forced to: most likely his partners eventually force him to resign, or the voting public opts for someone holding a broom.

Trump Would Be Crazy to Sit with Mueller. Mueller Would Be Crazy to Insist.

Why the special counsel probably won’t subpoena the president.

In the end, Trump will not agree to a voluntary interview. Mueller has the authority to subpoena him to appear before the grand jury, but for a variety of strategic reasons should be reluctant to do so.

.. Trump and his allies are now racing to undermine the legitimacy of Mueller’s investigation in the hope of muting the impact of its results. The longer the investigation takes, the more successful Trump’s campaign is likely to be. Mueller, therefore, would be well advised to weigh the burden of the time-consuming and distracting litigation that Trump would launch to block a subpoena against the limited value of Trump’s testimony and move on.

.. Clinton resisted sitting down with Ken Starr until the independent counsel obtained a subpoena. They then negotiated to allow Clinton to testify for four hours from the White House with his lawyer present and the grand jury connected by video.

.. Prior presidents also feared the political damage from appearing uncooperative with law enforcement. Trump has worked furiously to build political support for his resistance to cooperation and appears confident that his base and core supporters in Congress will insulate him from political consequences.

.. Mueller—because of the importance of obtaining spontaneous answers, asking follow-up questions and observing the witness’s demeanor—will not agree to anything less than live questioning.

.. Moreover, the precedent set by issuing a subpoena could be abused by less scrupulous prosecutors than Mueller to sully a president for political purposes.

.. Trump will respond to a grand jury subpoena with a protracted legal challenge that will go to the Supreme Court. At the very least, he is likely to challenge the constitutionality of the special counsel’s appointment; argue that Mueller has exceeded his authority by investigating tangential matters; urge the court to impose limits on the scope, time, place and manner of the questioning; and contend that much of the information the grand jury will seek is covered by executive privilege. Mueller is likely to prevail, but victory will take time and distract his team from wrapping up the investigation, while giving Trump endless opportunities to denounce the “witch hunt.”

.. Although taking the Fifth could be politically embarrassing, grand jury secrecy might prevent the public from learning of it.

 

Release the Memo That Really Matters 

Article I, Section 8, Clause 11 of the Constitution grants Congress the power to “declare war.”

.. In practice, however, it seems as if the rule is observed mainly in the breach. In the post–World War II era, American forces have been committed time and again even in offensive military actions without even the slightest effort to obtain congressional authorization.

.. The latest example occurred on April 6, 2017, when President Trump ordered a cruise missile strike on Syria in retaliation for its use of chemical weapons

.. Unless there is classified information we don’t yet know, a strike of this nature is exactly the kind of military action that should require congressional approval.

.. We were not at war with Syria. We were not acting in immediate self-defense of our nation. We were not fulfilling a Senate-ratified treaty obligation.

.. Shrugging off the Constitution is a bipartisan practice.

  • Who can forget President Obama’s strikes against Libya? He ordered offensive military action against a sovereign nation without a declaration of war.
  • While George W. Bush obtained congressional authorization for the wars in Iraq and Afghanistan, his predecessor,
  • Bill Clinton, launched extended aerial campaigns in the former Yugoslavia with no congressional vote.

years of presidential overreach, congressional inaction, and partisan bickering have jeopardized our constitutional structure. We are steadily moving away from the separation of powers and toward an unconstitutional legal regime that places sole war-making authority in the hands of an increasingly imperial presidency.

.. There are widespread reports that the president is considering launching a “bloody nose” strike against North Korea — a strike designed to send the strongest possible message, short of all-out war — that its ICBM program has to end.

.. The discussions are apparently so serious that the administration pulled its nominee for ambassador to South Korea, Victor Cha, because he opposed the strike. He then immediately took to the pages of the Washington Post to express his opposition

.. We are not facing the necessity of immediate self-defense. Oh, and in both countries, military action carries with it risks of dangerous escalation. With Russian boots on the ground in Syria, miscalculation risks a great-power conflict. With immense North Korean forces clustered near the border of South Korea, miscalculation risks a truly terrible war.

.. New military action in Syria and new military action in North Korea represent textbook cases for congressional authorization.

.. So why did the administration feel that it had the legal authority to order its Syria strike?

Well, it turns out there’s a memo.

.. Prior to the Syria strike, the administration generated a classified document by an “interagency group of attorneys” that analyzed the “legal basis for potential military action.

.. We cannot sustain and protect our constitutional structure if we delegate arguments against the unconstitutional abuse of presidential authority exclusively to members of whichever party is out of power.

.. it’s time for Senator Corker to insist on a public debate and congressional authorization before we launch any new military action against North Korea.

.. While the facts supporting the argument may well be legitimately classified, the legal analysis itself — which will turn on questions of constitutional, statutory, and international law — should be a matter of open inquiry.