On a dreary dripping Monday
The Art Of Tea --Michael Franks
The Art Of Tea --Michael Franks
Mar 27, 2017
Fucked Up Bigly
Via Joy Reid on Twitter (@JoyAnnReid):
Not a whole lot of the Steele Dossier has been officially corroborated yet, but some pretty solid suspicions are being reinforced almost every day.
And some of the players still seem to be more or less unaware of just how enormous this thing could get.
Mr Jefferson Speaks
"The most effectual engines for [pacifying a nation] are the public papers... [A despotic] government always [keeps] a kind of standing army of newswriters who, without any regard to truth or to what should be like truth, [invent] and put into the papers whatever might serve the ministers. This suffices with the mass of the people who have no means of distinguishing the false from the true paragraphs of a newspaper."
"I am persuaded myself that the good sense of the people will always be found to be the best army. They may be led astray for a moment, but will soon correct themselves. The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The way to prevent these irregular interpositions of the people is to give them full information of their affairs thro’ the channel of the public papers, & to contrive that those papers should penetrate the whole mass of the people. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers & be capable of reading them."
--Thomas Jefferson to GK van Hogendorp, 1785
"I am persuaded myself that the good sense of the people will always be found to be the best army. They may be led astray for a moment, but will soon correct themselves. The people are the only censors of their governors: and even their errors will tend to keep these to the true principles of their institution. To punish these errors too severely would be to suppress the only safeguard of the public liberty. The way to prevent these irregular interpositions of the people is to give them full information of their affairs thro’ the channel of the public papers, & to contrive that those papers should penetrate the whole mass of the people. The basis of our governments being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter. But I should mean that every man should receive those papers & be capable of reading them."
--Thomas Jefferson to Edward Carrington, 1787
Mar 25, 2017
Today's Tweet
rarely does the headline get weirder *after* the nudity, drugs, and murder pic.twitter.com/XGUh6b43TE— Emma Baccellieri (@emmabaccellieri) March 23, 2017
Mar 24, 2017
That Pesky Constitution
Nikolas Bowie at Take CareIn its first fifty days, the Trump administration has done a magnificent job—the best job—teaching Americans about the Constitution. Who among us could distinguish an emolument from a peppermint before 2016? In that spirit, as we learn more about the employees President Trump has hired to run the executive branch, it’s worth asking whether his administration is violating another under-the-radar provision: The Appointments Clause.
The Appointments Clause is the one that requires the president to get the “Advice and Consent of the Senate” before he can hire certain “Officers of the United States.” It’s the reason we know what Betsy DeVos thinks about bears or that the Russian ambassador is easily forgettable. The eighteenth-century authors of the clause anticipated that no president could run the executive branch by himself, but they wanted a “check” to ensure that he didn’t appoint “unfit characters,” “family connection[s],” or “obsequious instruments of his pleasure.” They decided that Senate debates on the merits of nominees would provide much-needed accountability for the most important members of a president’s team.
- and -
Over the years, these “assistants to the president” have grown in number and in status to take on some of the most important advisory responsibilities in the White House. But even though these assistants now wield tremendous informal clout, they have always remained “employees” for constitutional purposes. And every president since Roosevelt has generally adhered to the Appointments Clause by restraining their employees from exceeding the constitutional limits on their statutory authority.
Until now.
When President Trump issued his first travel ban, for instance, employees Bannon and Miller interposed themselves between the president and the Department of Homeland Security by overruling its interpretation of whether the ban applied to green-card holders. That weekend, employee Miller reportedly called a Senate-confirmed U.S. Attorney to dictate how he should defend the ban in court. In addition, employee Miller also “effectively ran” a meeting of the National Security Council despite Congress’s requirement that the council “shall be composed” only of people “appointed by the President by and with the advice and consent of the Senate.”
More recently, employee McGhan has given “authoritative guidance” to Senate-confirmed officers in the Department of Homeland Security about how to interpret President Trump’s inscrutable executive orders. He’s also the employee responsible for directing Senate-confirmed officers in the Department of Justice to turn over any warrants regarding the president’s wild accusations that he was wiretapped.
Employee Preibus reportedly directed the Senate-confirmed FBI director to “knock down” stories that the Trump campaign had colluded with Russia.
And the president has appointed at least one of his 400 “beachhead” employees, Stephen Vaughn, to serve in a Senate-confirmable position as acting U.S. Trade Representative, even though federal law expressly prohibits that sort of appointment.
Notice a pattern?
hat tip = Lawrence Tribe @tribelaw
Over the years, these “assistants to the president” have grown in number and in status to take on some of the most important advisory responsibilities in the White House. But even though these assistants now wield tremendous informal clout, they have always remained “employees” for constitutional purposes. And every president since Roosevelt has generally adhered to the Appointments Clause by restraining their employees from exceeding the constitutional limits on their statutory authority.
Until now.
When President Trump issued his first travel ban, for instance, employees Bannon and Miller interposed themselves between the president and the Department of Homeland Security by overruling its interpretation of whether the ban applied to green-card holders. That weekend, employee Miller reportedly called a Senate-confirmed U.S. Attorney to dictate how he should defend the ban in court. In addition, employee Miller also “effectively ran” a meeting of the National Security Council despite Congress’s requirement that the council “shall be composed” only of people “appointed by the President by and with the advice and consent of the Senate.”
More recently, employee McGhan has given “authoritative guidance” to Senate-confirmed officers in the Department of Homeland Security about how to interpret President Trump’s inscrutable executive orders. He’s also the employee responsible for directing Senate-confirmed officers in the Department of Justice to turn over any warrants regarding the president’s wild accusations that he was wiretapped.
Employee Preibus reportedly directed the Senate-confirmed FBI director to “knock down” stories that the Trump campaign had colluded with Russia.
And the president has appointed at least one of his 400 “beachhead” employees, Stephen Vaughn, to serve in a Senate-confirmable position as acting U.S. Trade Representative, even though federal law expressly prohibits that sort of appointment.
Notice a pattern?
hat tip = Lawrence Tribe @tribelaw
Today's Quote
Golden Oldie
Political language is designed to make lies sound truthful and murder respectable, and to give the appearance of solidity to pure wind.
Political language is designed to make lies sound truthful and murder respectable, and to give the appearance of solidity to pure wind.
--George Orwell
Trump Redacted
Jezebel:
President Trump recently participated in an interview with Time Magazine’s Michael Scherer for a cover story about his relationship with the truth. Predictably, this conversation really tested the limits of irony.
In the full transcript of the interview published by Time, Trump lies a lot, says a number of half-true things, does not admit he was incorrect to link Ted Cruz’s father with Lee Harvey Oswald, foists responsibility for his inaccuracies onto media reports that he misrepresents, says the word “Brexit” 11 times, and forms sentences like “Brussels, I said, Brussels is not Brussels.” But, listen, some of it was fine! In the transcript below, we have redacted everything that is not verifiably true. What remains is everything the president said that is definitely true.
Today's Tweet
I'm so old, I remember when Devin Nunes called @justinamash "al-Qaida's best friend in Congress." This Devin Nunes: pic.twitter.com/xXA0fEcbjJ— Howie Klein (@downwithtyranny) March 23, 2017
Mar 23, 2017
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