Video caught a cop making an illegal arrest, but he was just getting started

Prosecutors caught a Baltimore cop making an illegal arrest on body cam, prompting a lengthy investigation. Their findings lead to a major indictment, so will the police department release the rest of the evidence?

 

 

If police body camera footage isn’t being reviewed regularly, then that means that police are working without supervision.

Look at all the good cops stopping his bad behavior. Oh no they just help him out. I hope this cop takes his charge like a man. This is how organizational culture is built. Sergeant does it and bosses don’t say anything I’m guessing that’s what they want.

 

‘What legal strategy?’: Trump relies on Trump to survive impeachment

To survive the riskiest battle of his presidency, Trump is skipping the legal minutiae and pulling out his fighting gloves.

For a president steeped in marketing and branding, impeachment offers new terrain on which to run the Trump playbook of defining an issue, waging war and then never backing down.

And the White House’s new strategy of treating impeachment primarily as a political argument puts President Donald Trump directly into his comfort zone.

Trump allies are the first to admit it’s not a strategy born out of any major legal thinking. Instead, it’s a bet Trump can prevail through his own aggressive public messaging campaign and the help of the Republican-controlled Senate, which ultimately would have to vote on the president’s fate following an impeachment trial.

George Washington University law professor who has participated in prior impeachment cases before Congress. “Many of the latest positions laid out in the letter undermine the White House’s best legal arguments.”

The White House letter to House Speaker Nancy Pelosi, sent on Tuesday night, said the administration will not cooperate in any way with the Democrats’ investigation. The letter argued the Democrats’ inquiry was invalid because liberals have long sought to discredit Trump since his election in 2016, and this was only the latest salvo.

Democrats launched the inquiry after a whistleblower complaint and White House summary transcript showed Trump asking the Ukrainian president to investigative his political rival ahead of the 2020 presidential campaign, a move Democrats say undermines national security and foreign interference in U.S. elections.

“The lawyers are dealing with a client who wants to see this type of aggressive and, frankly, reckless public banter,” Turley said, referring to the strong rhetoric laid out in that White House letter. “There has never been any evidence of the legal team being the driving force behind the White House’s public statement or strategy. At some point, they will have to mount a legal defense.”

Hiring former Rep. Trey Gowdy as an outside legal adviser was another sign of the political dimensions shaping the White House fight. While Gowdy served as federal prosecutor and district attorney in South Carolina, he’s also known for his partisan and aggressive leadership of the House Oversight Committee and his Fox News commentary.

White House officials expect Gowdy to play the role of made-for-TV surrogate during the impeachment fight, offering political advice, communication skills and “trench warfare” expertise, a senior administration official said. The president was excited he was joining the team, a second aide said.

Among Trump allies and White House officials, there’s also talk of Gowdy potentially managing the White House’s war room to steer the political and communications response, a Republican close to the White House said.

But Gowdy is not expected to be brought into the inner circle of the White House counsel’s office, over which top attorney Pat Cipollone has kept a tight grip.

“The counsel’s office wants to concentrate the flow of information as much as possible. They keep a narrow circle on this. Lawyers do not like others meddling,” said the Republican close to the White House.

In addition to the roughly 40 lawyers within the White House counsel’s office, the president is also receiving legal and communication advice from Rudy Giuliani and Jay Sekulow, the law firm of Consovoy McCarthy, and Marc Mukasey, a criminal trial lawyer based in New York, according to a second Republican close to the White House.

These attorneys maintain that the Democratic impeachment inquiry amounts to political theater and an abuse of process.

That argument also conveniently gives Senate Republicans an out, said one of the Republicans close to the White House. “The senators will not have to address the merits of the impeachment investigation. All they will have to say is that this is a charade. Why should I spend a moment on the merits?” this person said.

White House officials and Trump allies argue the administration’s letter to the House does contain legal arguments, despite any skepticism from constitutional law experts.

Officials say the White House has not received due process during the impeachment inquiry, an argument laid out in detail in the letter, including the ability to cross-examine and call witnesses and access evidence and transcripts of testimony.

“Let me just say: The Republican Party and president has been treated extremely badly by the Democrats, very unfairly, because they have a tiny margin in the House. They have eviscerated the rules. They don’t give us any fair play,” Trump told reporters on Wednesday at an event in the Roosevelt Room of the White House. “It is the most unfair situation people have seen.”

Trump added that the White House would cooperate with House Democrats if they held a formal impeachment vote and “if they give us our rights.” He also said the impeachment inquiry will likely end up being decided by the Supreme Court.

Republican lawyers and Trump allies overwhelmingly believe the Republican-controlled Senate will decide the fate of the Trump presidency.

For now, the White House is leaning into its aggressive political strategy of stonewalling the Democrats. They hope the approach will slow the Democrats’ inquiry and sap its momentum, so much so that Americans either become confused about the procedural details or lose interest. Polling now shows a majority of Americans favor the impeachment proceedings.

“What legal strategy?” said a third Republican close to the White House. “It’s a delay strategy to force the Democrats to impeach on procedural grounds of obstructing the investigation. There won’t be a court battle because the Democrats have no need to go to court, they will impeach for failing to provide documents.”

If Trump Goes Down, He’s Taking Everyone With Him

The impeachment inquiry is laying him bare. It’s not a pretty sight.

I was based in Washington and reported from Capitol Hill during Bill Clinton’s impeachment, which was the last time the country entered waters like these. It was ugly, and Democrats and Republicans traded vicious words.

But Clinton never publicly accused his detractors of treason or floated the idea that one of them be arrested on those grounds, as Donald Trump just did with Adam Schiff.

Clinton and his defenders raised the specter of a “vast right-wing conspiracy,” to use Hillary Clinton’s infamous phrase, thus asserting that he was being persecuted for his politics, not punished for his misdeeds.

But they didn’t insist, as Trump and his defenders routinely do, that a vital part of the federal government was an evil cabal intent on undermining our democratic processes, which is Trump’s self-serving characterization of the intelligence community. Their central strategy wasn’t to ignite a full-blown crisis of confidence in the institutions of government. They weren’t serving dire notice, as Trump essentially is, that if the president goes down, he’s taking everyone and everything else with him.

The Clintons possessed and projected a moral arrogance that was laughably oxymoronic under the circumstances. And they and other prominent Democrats junked the party’s supposed concern for women’s empowerment to savage Monica Lewinsky, Paula Jones and others who came forward with claims about the president’s extramarital sexual activity, including serious accusations of sexual violence.

But they didn’t equate the potential fall of the president with the fall of the Republic. They didn’t go full apocalypse. Bill Clinton didn’t prophesy that his impeachment would lead to a kind of “civil war” from which the country would “never heal,” as Trump did by tweeting an evangelical pastor’s comments on Fox News along those lines.

wrote last week that the prospect of Trump’s impeachment terrified me, and one of the main reasons I cited was what we’re seeing now: his histrionic response, which is untethered from any sense of honor, civic concern or real patriotism.

[Get a more personal take on politics, newsmakers and more with Frank Bruni’s exclusive commentary every week. Sign up for his newsletter.]

He’s not like most of his predecessors in the White House, who had some limits, at least a few scruples and the capacity to feel shame. Their self-pity wasn’t this unfathomably deep, their delusions of martyrdom this insanely grand. “There has been no President in the history of our Country who has been treated so badly as I have,” he tweeted last week, and the violins have wailed only louder and weepier since.

While there were fellow narcissists among his forebears, was there a single nihilist like Trump? I doubt it, and so the current waters are in fact uncharted, because the ship of state has a sort of madman at its helm.

That he’s fighting back by impugning his critics’ motives, stonewalling investigators and carping about the media shouldn’t disturb anyone, not if we’re being grown-ups. Richard Nixon, confronted with his impeachment, thrashed and seethed. Clinton assembled a war room in an effort to outwit his adversaries. That’s the nature of politics. That’s the right of the accused.

But in the mere week since a formal impeachment inquiry was announced, Trump has already gone much farther than that and behaved in ways that explode precedent, offend decency and boggle the mind. We’re fools if we don’t brace for more and worse.

For grotesque example, he has suggested — repeatedly — that government officials who tattled about his crooked conversation with the Ukrainian president are spies who deserve to be executed. Had any other president done that, many Americans would speak of nothing else for the next month.

But from Trump, such a horror wasn’t even surprising, and it competed for attention with so many other outrages that it was dulled, the way so much of his unconscionable behavior is. When you churn out a disgrace a minute and no one expects anything nobler, you’re inoculated by your own awfulness.

He has taken his vilification of the media to new depths, content on this front, as on others, to pump Americans full of a toxic cynicism so long as he profits from it. He and his handmaidens have disseminated distortion after distortion, lie upon lie, including the claim that deep-state officials tweaked the criteria for whistle-blowers just so that someone could ensnare him.

They have instructed Americans not to believe their own eyes, their own ears, their own intelligence. They mean to put truth itself up for grabs, no matter the fallout.

Lindsey Graham, the sycophant of the centurycalled the whistle-blower’s complaint a setup, as if it didn’t rest on the sturdy foundation of a reconstructed transcript — released by the White House — that shows Trump imploring a foreign leader to do political dirty work for him.

Trump keeps saying it was a “perfect” call, which is like seeing Dom Pérignon in a puddle of sewage. Then again, his presidency has long depended on such optical illusions.

There’s light, though, and it’s this: As corrosive as his tirades are, they may also be what does him in. He’s poised to take this persecution complex too far.

Already, there has been a swell of support for impeachment, according to new polls released by CNN and Monmouth University, and I bet that trend continues as revelations of his wrongdoing cascade and as he wildly overreacts.

That probably wouldn’t be enough to get Republican senators to convict him and remove him from office, should the House follow through with impeachment and a Senate trial ensue. But it would affect November 2020.

He’s in a bind, because his burn-down-the-house defense against impeachment makes the best case that he must be impeached — that a leader with no bounds and no bottom can’t be allowed to rage on unimpeded. The impeachment inquiry is laying Trump bare. As scary as that is for us, it may be even scarier for him.

Democrats press Nadler to hold Lewandowski in contempt

Democrats are pressuring House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) to hold Corey Lewandowski in contempt of Congress after the former Trump campaign manager stonewalled lawmakers during his testimony earlier in the week.

“He operated in contempt of Congress, and yes, I believe he should be” held in contempt. “And I’ve expressed that to the chair,” Rep. Madeleine Dean (D-Pa.), a member of the Judiciary panel, told The Hill on Thursday.

“The only purpose to do it is to have teeth in it and to send a message to Mr. Lewandowski that he has to come forth, tell the truth and live up to his obligations under the subpoena,” she added. “His performance was an absurdity.”

Both Nadler and Speaker Nancy Pelosi (D-Calif.) have expressed interest in holding Lewandowski in contempt, with Pelosi telling members on Thursday that Democrats should have acted “right then and there” at Tuesday’s Judiciary hearing when Lewandowski refused to cooperate with Democrats.

But Pelosi also seemed to defer any decisions to Nadler.

“I trust the committee and the path that they are on,” she said Thursday.

Anticipating an uncooperative witness, some Judiciary Democrats initially consulted the House general counsel about a contempt vote prior to Lewandowski’s testimony, sources familiar with the discussions say. But the counsel recommended against moving to hold him in contempt.

Lewandowski’s pugnacious behavior and refusal to answer questions has triggered a new wave of Democrats to voice support for holding him in contempt.

While the former Trump campaign aide was ordered by the White House not to go beyond the four corners of the Mueller report, he took it a step further by refusing to answer questions about his private conversations with Trump or claiming he did not remember them.

He also challenged Democrats during the hearing, including accusing Rep. Sheila Jackson Lee (Texas) of going on a rant and arguing that “Trump haters” were seeking to take down the president.

Democratic Judiciary members are so frustrated by Lewandowski’s performance that they are urging Nadler to hold a closed-door meeting either Thursday or Friday about what action to take against him, committee members said.

“There is a lot of agitating,” one Judiciary member said.

Rep. Hank Johnson (D-Ga.), a senior committee member, said Nadler and other panel leaders had anticipated the stonewalling, with Lewandowski dropping hints in the days leading up to the hearing. Now Johnson is among those supporting a contempt vote, to prevent Lewandowski’s recalcitrance from becoming the norm.

“Many members are in accord with the Speaker about wanting to protect the integrity of our process and send a message to future witnesses that their contemptuous conduct can meet the same fate as Lewandowski — should we hold him in contempt,” Johnson said.

“I suppose some might say that to do that would be distractive,” Johnson said of would-be Democratic critics. “But the greater issue is the integrity of our process, and the fact that we can’t allow it to be trashed like Lewandowski trashed it — all the way from his opening statement to his exit from the committee room.”

If Democrats initiate the contempt process, Johnson said, it would likely be soon.

Democrats argue that if they don’t take that step, other witnesses will copy Lewandowski’s playbook in dodging questions and stalling during the hearing.

Some Democrats also say it would look bad if they do not push back against the White House claims of privilege over the testimony of someone who has never worked in the administration. Nadler and other Democrats reject those immunity claims.

Rep. Eric Swalwell (D-Calif.), another Judiciary member and former 2020 presidential candidate, is among those pressing for contempt.

“We’re engaging with the chairman about that,” he said Thursday, without specifying a timeline.

After members finished questioning Lewandowski on Tuesday, Nadler said he was considering holding Lewandowski in contempt, which would require a resolution to be voted on in Judiciary before a floor vote.

“Mr. Lewandowski, your behavior in this hearing room has been completely unacceptable. It is part of a pattern of a White House desperate for the American people not to hear the truth,” Nadler said at the hearing. “I’ve been asked several times today whether the committee will hold you in contempt. It is certainly under consideration.”

Democrats sought to question the longtime Trump ally on his role in a key episode of obstruction by Trump that former special counsel Robert Mueller examined, in which the president asked Lewandowski to pass along a message to then-Attorney General Jeff Sessions in 2017 to reverse his recusal and set limits on the Russia probe.

But for the most part, Lewandowski’s combative squabbles with Democrats and refusal to answer questions overshadowed the role he played.

Still, Democrats say they were able to prove through staff questioning that Lewandowski is a liar who has repeatedly misled the public about his involvement with the president.

Democrats have voted to hold top Trump officials in contempt before. In July, the House voted on criminal contempt charges against Attorney General William Barr and Commerce Secretary Wilbur Ross for refusing to respond to Democratic subpoenas.

But the contempt votes did not lead to any serious consequences for Barr and Ross since the Justice Department, led by Barr, opted not to prosecute Trump’s Cabinet members.

If Democrats pursued contempt against Lewandowski, it’s unclear whether they would opt for the same criminal variety they applied to Barr and Ross. Johnson, for one, suggested Democrats may instead push for inherent contempt — a rarely used device authorizing both the House and Senate to “detain and imprison” an individual who refuses to comply with congressional demands, according to the Congressional Research Service.

Such an approach has not been used for nearly a centuryemploying the House sergeant-at-arms to go after Trump officials would be a highly unusual move — but some Democrats say the degree of stonewalling demands an aggressive response.

“We should be using every tool, and that includes fines,” Assistant Speaker Ben Ray Luján (D-N.M.) told The Hill.

Other Democrats said that charging Lewandowski with contempt will send a strong message to other Trump aides and associates.

Lewandowski “went in without any intent to answer any questions. It was somewhere between an audition for a political office and trying to get an extra-big Christmas card from Donald Trump,” Progressive Caucus Co-Chairman Mark Pocan (D-Wis.) told The Hill.

“At that point, we should have put him in a place we needed to,” he said. “That isn’t what a witness is supposed to do.”

It’s time for liberals to get over Citizens United

Repealing the controversial decision is a pipe dream. And there are more promising avenues for campaign-finance reform.

From the moment the 2010 Supreme Court ruling Citizens United v. FEC came down, it scandalized liberals. The decision heralded the “hostile corporate takeover of our democratic process,” Rep. Rosa DeLauro (D-CT) thundered at the time.

In 2017, a commissioner of the Federal Election Commission resigned, claiming “since the Supreme Court’s Citizens United decision, our political campaigns have been awash in unlimited, often dark money.”* This was the animating sentiment of Bernie Sanders’s 2016 campaign for president; he even went so far as to claim that billionaires are simply “buying elections.”

This idea has given rise to a new liberal battle cry: Repeal Citizens United! Unfortunately, that tactic is naive and misguided, and relies on a misunderstanding of the law and politics surrounding the case. As we approach the 2018 congressional elections — and beyond that, the crucial presidential election of 2020 — it is more vital than ever to have a clear view of where this ruling fits into the mosaic of campaign finance law.

Such understanding will, in turn, shine light on what can be done to make the election process fairer and make politicians more responsive to all their constituents, not just the big spenders.

Some cities and states are already experimenting with programs that strengthen the voices of ordinary voters. Building on such efforts is likely to have far greater effects than continuing to demonize Citizens, whose logic is defensible on First Amendment grounds.

Most widespread in liberal circles is the idea that Citizens opened the floodgates to massive amounts of corporate spending in politics. But as many legal scholars have argued, the floodgates were already open. Citizens is not responsible for the massive amounts of money showered on favored candidates. Nor is it responsible for the rise of so-called dark money in politics.

Citizens didn’t upend our campaign finance system. It was a logical next step, given past court decisions.

Let’s put the hated decision into context. The inundation of elections with private cash is not the result of Citizens but rather was facilitated by the 1976 decision Buckley v. Valeo. That case established the legal framework sanctioning billions of dollars of independent private campaign spending. In it, the Court ruled that limits on campaign donations — direct donations to candidates — are constitutional but said it was unconstitutional to limit non-donation expenditures, such as independently funded advertisements.

Such independent spending — which cannot be coordinated with candidates, according to the Court — was protected under the First Amendment as not just speech but political speech. The idea is that money is a necessary instrument for supporting a political candidate, whether it’s paying for yard signs or taking out an ad in the newspaper.

Not unreasonably, the Court ruled that limitations on independent expenditures would constitute limitations on one’s ability to support a candidate through any number of media. Placing a dollar limit on such expenditures would arbitrarily prevent certain kinds of campaign support simply by the fact of how expensive they are.

Our inability to trace campaign donations to their source — the dark money issue — is the result of the lack of federal regulations to make disclosure mandatory. And such regulations are legal; the Court said as much in Citizens, with eight of nine justices agreeing on that point! The only thing standing in the way of transparency is congressional stonewalling. In 2010, Republican senators defeated a disclosure law 59 to 39, which would have made it more difficult for donors to use legal loopholes to hide their identities.

Citizens simply has not had the seismic legal impact that many think. Since Buckley protected money as speech, the only question was whether corporations were legitimate speakers. It may surprise some to hear, but the Court had already answered this question in 1978. In First National Bank of Boston v. Bellotti, the Supreme Court recognized a corporate right to free speech, concluding that the value of speech in the course of political debate does not depend on the identity of the speaker. Citizens simply followed the precedent of these two cases.

So when liberals intone that “corporations aren’t people,” thinking they are making a knock-down argument against Citizens, they miss the point. Citizens did not make corporations persons. And corporations do not need to be persons to receive First Amendment protections. Citizens upheld the liberty, provided by Bellotti, of corporations to speak, and they speak under the rules provided by Buckley.

The details were debated by expert lawyer Floyd Abrams and First Amendment scholar Burt Neuborne not long after Citizens came down. Abrams noted that even the liberal Justice John Paul Stevens, dissenting, recognized that the Court has “long since held that Corporations are covered by the First Amendment.”

Neuborne, in response, argued that corporations lack dignity and a conscience, which he thinks underpin the human right to free speech. But Justice Kennedy, writing for the slim five-justice majority, cited the long history of First Amendment protections for corporations. The Court had sided heavily with the Abrams view.

The Court seems inclined to limit the definition of “corruption” to explicit bribery

The only remaining question was whether there could be a justification for the government’s curtailing of that speech. Abridging political speech falls under the strictest category of judicial scrutiny; any law that does so must be justified by a “compelling state interest.”

One such objective, some suppose, is stopping corruption, a clear threat to the integrity of Congress. And indeed, in Randall v. Sorrell (2006), the Court reaffirmed that combating “corruption” rises to the level of a compelling state interest. But in Citizens, Justice Kennedy said the only kind of corruption that would count in this context is the most direct kind: “quid pro quo” corruption, which covers only vote-buying bribery.

No such vote buying was at issue in Citizens, since the controversy centered on the release of a privately funded campaign video during an advertising “blackout” period. Such off-limits periods, established by the McCain-Feingold legislation, paid insufficient heed to the Court’s precedents on money as speech and the high bar for restricting political speech.

In response to Kennedy’s narrow conception of corruption, Harvard Law professor and onetime presidential contender Lawrence Lessig has advocated for a broader idea of corruption. In his book Republic, Lost, Lessig spells out his notion of “dependence corruption,” whereby Congress is unduly responsive to big donors because they are dependent on them for campaign money.

He takes pains to argue on “originalist” grounds, hoping to appeal to the conservative majority of the Court, who attempt to cleave closely to the meaning of words as they are found in documents at the time of the Constitution’s drafting. Alas, his arguments have largely fallen on deaf judicial ears.

Where does that leave us?

We are almost certainly stuck with Citizens, not to mention Buckley and Bellotti. The major hope of many concerned lawyers and academics in the runup to the 2016 election has been dashed: the hope of filling the late Justice Antonin Scalia’s seat with a more liberal justice who might help reverse the decision. Instead, reformers got Neil Gorsuch.

So even if there were a stronger legal argument to be made against Citizens, that argument won’t attract enough votes in the Supreme Court. Desperation has led some, like Sanders, to push for a constitutional amendment limiting corporate campaign spending. But beyond being a pipe dream, given the institutional challenges, this tactic fails to take seriously the intricate First Amendment questions at issue.

The upshot of the Sanders campaign is its demonstration of the strength of a candidacy funded by small donations. As a candidate, Sanders rejected Super PAC funding in favor of donations averaging well under $100. Since Super PACs are the primary means individuals and corporations funnel their money to campaigns, it is historically noteworthy that a candidate without such support was capable of seriously contending for the presidency.

The lessons to draw from Sanders’s campaign is not that the system is healthy. Instead, we should conclude that the medicine to cure it may take the form of enabling citizens to make more Bernie-size donations. As of late, there has been an uptick in under-$200 donations to congressional races. In order to make such donations a staple in our democratic process, they should be supported by legislation.

Such a program has been introduced in Seattle, which gives away “democracy vouchers,”which could serve as a national model.

The basic idea is simple: Every eligible voter in Seattle receives $100 in vouchers, which they can freely donate to campaigns in the local city elections. This means every voter can participate in the pre-election process by using their money to “speak up” for candidates they endorse, and it enables lesser-known candidates to find financial support without bending the knee before big money special interests.

Theoretically, this ensures that every citizen has a baseline level of equal participation in the political process. It expands our understanding of political equality beyond “one person, one vote” to a wider notion of equal opportunity for electoral participation.

The local focus is a crucial first step to reshaping public participation in campaigns. As ACLU national legal director David Cole has argued, the most likely path to substantial federal campaign finance reform is by winning small victories in cities and states. Fostering state- and local-level initiatives accomplishes several things.

First, it draws more citizens into the debate over the proper role of money in politics — an essential step toward a sustained national conversation.

Second, it allows for political and legal experimentation. Because the Supreme Court is unpredictable, especially given the uncertainty of Justice Kennedy’s swing vote, attempting several strategies at once for public funding increases the chances that a constitutionally passable version is found.

More experiments also mean more models that can be used as contrasts to the federal system, making the weaknesses of the federal system all the more clear.

Third, such an approach will spark important legal work, which is far from a purely academic matter. By pursuing ballot initiatives and enacting local laws that address money in politics, we will invite legal challenges by entrenched, moneyed interests. This forces judges to issue ever more opinions on what is constitutional, justifying themselves along the way.

Higher courts will receive appeals and further scrutinize this reasoning. This, in turn, will attract legal academics like moths to a flame, whose work will be cited by advocates and courts.

All of this will arm the public with constitutional arguments to defend the integrity of our democracy.

There is no guarantee that all of this will be enough to counterbalance the power of big money in elections. But we can hope that bottom-up political activism will light a fire underneath the complacent rump of Congress. Increased national dialogue, successful local and state initiatives, and a proliferation of academic criticism of current law and policy all generate real political pressure.

Signs of hope

Disclosure laws are not out of reach in the coming years, and increased participation in local elections, subsidized by voucher systems, may usher in increased voter turnout for national elections. Higher turnout has been shown to heavily favor one of the two major political parties. Hint: It’s not the Republicans.

Liberals should take note of the recent special election in Pennsylvania’s 18th District. Outside donations for the Republican candidate, Rick Saccone, were more than five times larger than for the Democrat, Conor Lamb. Yet Lamb pulled off the upset, showing money isn’t everything. He drew strength from a well-mobilized, engaged electorate.

Such vigor can be stimulated in elections across the country — particularly if we provide concrete, monetary means for voters to participate in the selection of their representatives.

Rather than continuing to rail against Citizens United, reformers should pursue strategies that increase democratic participation and encourage voter turnout.

 

In private, Trump vents frustration over lack of progress on North Korea

Trump triumphantly declared that North Korea no longer posed a nuclear threat and that one of the world’s most intractable geopolitical crises had been “largely solved.”

But in the days and weeks since then, U.S. negotiators have faced stiff resistance from a North Korean team practiced in the art of delay and obfuscation.

.. Diplomats say the North Koreans have

  • canceled follow-up meetings,
  • demanded more money and
  • failed to maintain basic communications,
  • even as the once-isolated regime’s engagements with China and South Korea flourish.

.. Meanwhile, a missile-engine testing facility that Trump said would be destroyed remains intact, and U.S. intelligence officials say Pyongyang is working to conceal key aspects of its nuclear program.

.. The lack of immediate progress, though predicted by many analysts, has frustrated the president, who has fumed at his aides in private even as he publicly hails the success of the negotiations.

“Discussions are ongoing and they’re going very well,” Trump told reporters Tuesday.

.. Officials say Trump has been captivated by the nuclear talks, asking staffers for daily updates on the status of the negotiations. His frustration with the lack of progress has been coupled with irritation about the media coverage of the joint statement he signed on June 12 in Singapore, a document that contains no timeline or specifics on denuclearization but has reduced tensions between the two countries.

.. Trump has been hit with a strong dose of reality of North Korea’s negotiating style, which is always hard for Americans to ­understand,” said Duyeon Kim

.. Trump’s interest in the issue has put a particularly bright spotlight on Secretary of State Mike Pompeo, who has tried to wring concessions from his counterpart, Kim Yong Chol, a former spy chief viewed by the Trump administration as uncompromising and unable to negotiate outside the most explicit directives from Kim Jong Un.

.. A low point from the perspective of U.S. officials came during Pompeo’s third visit to Pyongyang on July 6 when he pressed North Korean officials for details on their plans to return the remains of U.S. soldiers killed during the Korean War

.. when Pompeo arrived in Pyongyang, the North Koreans insisted they were still not ready to commit to specific plans

.. The delay angered U.S. officials, who were under pressure to ­deliver given Trump’s premature ­announcement on June 20 that North Korea had already “sent back” the remains of 200 soldiers.

.. The sentiment worsened when Kim Jong Un chose not to meet with Pompeo during his stay as had been expected. Pompeo later denied that a meeting was planned, a claim contradicted by diplomats who said the secretary initially intended to see the North Korean leader.

..Pompeo scheduled a meeting between the North Koreans and their Pentagon counterparts to discuss the issue at the demilitarized zone on July 12. The North, however, kept U.S. defense officials waiting for three hours before calling to cancel

The North Koreans then asked for a future meeting with a higher-ranking military ­official.

.. “Pyongyang has reverted to its heavy-handed negotiating tactics.”

..  North Korea denounced the United States’ “unilateral and gangster-like demand for denuclearization” after Pompeo’s last visit and described the discussions as “cancerous.”

.. On Wednesday, Trump said he secured a commitment from Russia to “help” with the North Korea issue.

.. on Friday at the United Nations, his ambassador, Nikki Haley, accused Russia of blocking efforts to discipline North Korea’s illegal smuggling.

.. Climbing down from earlier soaring rhetoric, Trump told CBS this week that “I’m in no real rush. I mean whatever it takes, it takes,” he said.

Trump is too vested to walk away right now,”

.. U.S. officials lay some of the blame on Kim Yong Chol, who despite being North Korea’s chief negotiator has consistently stonewalled discussions by saying he is not empowered to talk about an array of pertinent issues.

That dynamic drew the ire of U.S. officials in an early July meeting in Panmunjom when he refused to discuss the opening of a reliable communications channel or even specific goals of Pompeo’s then-upcoming trip to Pyongyang, diplomats briefed on the meetings said.

..  Kim Yong Chol said he was authorized only to receive a letter Trump had written to Kim Jong Un.

.. When U.S. officials tried to raise substantive issues, Kim Yong Chol resisted and kept asking for the letter. Unable to make headway, the Americans eventually handed over the letter and ended the meeting after only an hour.

.. “[Kim] has a reputation for being extremely rude and aggressive,” said Sung-Yoon Lee, a North Korea scholar at Tufts University

.. Kim Yong Chol’s negotiating tactics so frustrated U.S. officials that several expressed hope that he would be replaced as top negotiator by Ri Yong Ho, the North’s more agreeable minister of foreign affairs.

.. “Ri knows the issues better and can speak perfect English. Kim is a former spy, not a negotiator.”

.. One of Pompeo’s key objectives ahead of the Pyongyang meeting was to improve basic communications with the North

Many of the president’s top security and intelligence officials have long doubted that North Korea would live up to any of its commitments. But given the lack of options outside of the diplomatic realm, some analysts said a tolerant approach still provides the best outlook.

.. “I worry that Trump might lose patience with the length and complexities of negotiations that are common when dealing with North Korea, and walk away and revert back to serious considerations of the military option,” said Duyeon Kim, the Korea scholar. “Getting to a nuclear agreement takes a long time, and implementing it will be even harder.”

Trump’s IRS Swamp

Obama-era lawyers are still obstructing lawsuits to hold the agency accountable.

And the supreme scandal was the IRS’s assault on tea-party groups—a campaign inspired by congressional Democrats, perpetrated by partisan bureaucrats like Lois Lerner, and covered up by Mr. Obama’s political appointees. This abuse stripped the right to political speech from thousands of Americans over two election cycles. To this day, no one has answered for it.

..  In recent months the Justice Department has continued refusing to hand over documents or make witnesses available for depositions. The plaintiffs finally managed to depose Ms. Lerner and another key IRS player, Holly Paz, earlier this summer. But their counsels successfully demanded that the transcripts be kept secret from the public

.. the Justice Department has asked for summary judgment—arguing that the facts are so far beyond dispute that the judge should dispense with the trial and simply rule now. This is laughable. The judge is unlikely to even consider it, meaning the motion is nothing more than a way to waste further time and sap the plaintiffs’ resources.

.. The Texas Patriots Tea Party has waited five years for tax-exempt status and has continued to receive round after round of intrusive agency questions, long after the scandal was exposed and the IRS promised reform.

.. Who are these people? Laura Beckerman, one of the lead lawyers defending the IRS in the Ohio class action, left government only this month. Her LinkedIn profile says she is now pro bono coordinating counsel at Citizens for Responsibility and Ethics in Washington. CREW is among the most liberal outfits in the capital, fanatically devoted to taking down conservatives

.. It’d be one thing if the plaintiffs were demanding a billion-dollar payout, but they aren’t. Their main request is that the IRS come clean on what happened, and the government is resisting with all its power.