Category Archives: Media

Individual 1 v. Article I

Media, Politics

Related imageThere has not been an abdication of national leadership like this since British King Edward VIII announced on December 10, 1936, he would relinquish the Crown to marry Wallace Simpson.  Yesterday, Senator Majority Leader Mitch McConnell, when it comes to the Article 1, Section 9 enumerated powers of Congress to appropriate and draw money from the Treasury, put on his best impersonation of Gilda Radner’s SNL personna Emily Litella, telling the Nation, “Never mind!”  Consider the following exchange with a reporter following a meeting of the Republican caucus.

REPORTER: Are you concerned about the president, when he says, I’m unsure about the deal here, but he suggests he might use transfer authority to move money around? The pot of money is only so big, and if some of those monies be put towards these DNS priorities or moved around from Defense or disaster aid, and could that create a problem?

MITCHELL:  First, I think he should sign the bill.  And second, I think he ought to feel free to use whatever tools he can legally use to enhance his effort to secure the border.  So, no, I would not be troubled by that.

Too bad not one of the reporters participating in this gaggle followed up with the obvious question, “Senator, would you consider the re-appropriation of federal funds without Congressional approval a legal use of executive power?”  And just imagine what Mitchell’s response would have been if President Obama had diverted disaster relief funds used to mitigate tornadoes and flooding in Kentucky to fix the water system in Flint, Michigan or used an executive order to address what he saw as a national priority.

Oh wait!  You don’t have to imagine it.  Here is McConnell’s response to Obama’s executive order to extend temporary protection for “dreamers” when Congress failed to renew DACA.  Claiming the 2014 mid-term elections should have sent a clear message to the President where the nation stood on the issue.  “It would be the equivalent of waving a red flag in front of a bull.”  Then House Speaker John Boehner went one step farther, referring to the President as “Emperor Obama.”

For you non-political junkies, here is a reminder of the “will of the people.”  In the 2014 mid-terms, Republican candidates for the House of Representatives garnered 39.9 million of 78.8 million total votes cast (50.6%).  In 2018, Democrats pulled 59.5 million out of 110.1 total ballots (53.2%) for House races.  So much for listening to the voters, Mitch.

Call it what you wish, but Mitch McConnell and the GOP daily practice what is the Constitutional equivalent of “situational ethics.”  They believe in a literal interpretation of the founding documents until it no longer serves their purpose.  For the moment, it appears federal judges have not pulled a McConnell when it comes to their Article III powers and responsibilities.  If and when Donald Trump tries to move a single dollar from disaster relief for Puerto Rico or California, one can only hope all those attorneys who advertise on television or send us mail offering to represent us in class action suits, file cases on behalf of those who have lost their homes and businesses during hurricanes and wild fires.

Trump must be counting his blessings the U.S. Attorney for the Southern District of New York does not have general oversight responsibility for the executive branch.  Otherwise, when it comes to violating his oath “to faithfully execute the Office of President of the United States, and will to best of my ability, preserve, protect and defend the Constitution of the United States,” Individual 1 would once again be considered an unindicted co-conspirator.

For what it’s worth.
Dr. ESP

 

Yes Santa, There Is a Virginia

Culture, Media

In September, 1897, an eight year-old girl named Virginia O’Hanlon, at her father’s urging, wrote a letter to the editor of the New York Sun asking whether Santa Claus was real.  In what became the most reprinted editorial of all time, Francis Pharcellus Church, a member of the Sun’s editorial staff,  penned the response.  Without giving a definitive answer, Church addressed the philosophical underpinnings behind the Kris Kringle legend and why the spirit of St. Nick was important.

As I have mentioned before, I am a native born Virginian, and the events of the past week have been a time to reflect on what life in Richmond was like in the 1950s and 1960s, and how the remnants of that era continue to emerge from time to time in modern day society.  I beg your indulgence as I share a few childhood memories.

  • I attended segregated schools until 1966 when a handful of black students were admitted to Thomas Jefferson High School.
  • There were restricted housing developments in Richmond in which Jews were unwelcomed, much less African-Americans.
  • Restaurants and movie theaters were also segregated.  From 1933 until the late 1960s, the only places African-Americans could see movies or live performances were the Booker-T and Hippodrome theaters located in the predominantly minority areas.
  • At the University of Virginia, I worked in the Office of University Relations under the work study program.  One of my tasks was compiling the minority enrollment report for the then Department of Health, Education and Welfare (HEW).  In 1970, there were less than 100 black students in a total student body of more than 7,500.
  • Three hundred and fifty years after the founding of Jamestown, the first permanent English settlement in the new world, the ruling class in the state–senators, congressmen, governors and state legislators–still consisted largely of members of the First Families of Virginia Society, Caucasians with European roots.

So, as I watch the news about Governor Ed Northam and Attorney General Mark Herring, I wonder where is the modern day Francis Church who, if asked whether either or both should resign from office, will take the same approach as Church did with young Miss O’Hanlon?  The value of the question is not a yes or no answer.  The question is an opportunity to re-examine and reflect on the circumstances and awakened curiosity which made us inquire in the first place.

Instead of a battle over who will sit in the governor’s chair for the next two and a half years, this is a much bigger and more important conflict.  What is it about race in America that would make two intelligent white men think it is okay to dress up as black men?  What is it about any institution–educational, professional or commercial–which would not call out someone associated with it for thinking it was okay to post a picture like the one in the Eastern Virginia Medical Center yearbook?  And finally, as a nation, will we ever be able to address the root causes that permit such behavior?

POSTCRIPT

Which brings me to the other issue in this three act drama, the sexual assault charges brought against Lt. Governor Justin Fairfax.  As has been the case since the beginning of the #metoo era, the tragedy is not that a number of powerful men in politics, entertainment and business have had to answer for their behavior.  The real tragedy is, more than a year later, we have not come up with a more reasonable way to pursue the truth in what is often he said/she said situations.  Or not to apply a “one size fits all” approach to every case.

Without making any judgment about the charges against Fairfax, the comparison to Christine Blasey Ford baffles me.  In Ford’s case, if her account is true, she did not follow either of her alleged attackers into a bedroom.  She was on her way to the upstairs bathroom when she said she was forced into a bedroom and assaulted by one boy while the other watched.  If we give Fairfax’s accuser the same benefit of the doubt, she admits she willingly went to his hotel room and kissed him.  She still has the right to say, “That’s enough.”  I know, I will never be able to understand what it is like to be women in this situation.  But this was 2004, and there had been several high-profile cases in which other women had similar experiences.  One would hope members of both sexes would learn from these experiences.

There is another feature of this case which deserves attention.  It was not a power situation.  Neither party worked for the other.  Therefore, neither was required to have any contact with the other if the alleged victim had felt violated.  Neither feared losing their job.  And that may be the key to getting to the truth.  As has been mentioned by several reporters and pundits, one thing you might look for is contemporaneous documentation, e.g. talking to a friend about the experience.  But I can understand a woman, concerned about the potential shame associated with the incident, might keep it to herself.  But there is one more data point.  Did Fairfax and his accuser have any subsequent contact, even something as insignificant as a text or email?  Until we have more information, the media and politicians on both sides of the aisle would be wise to defer to due process.

For what it’s worth.
Dr. ESP

 

Optical Delusion

Media

This post comes to you from the “Heal Thyself” department.

Image result for brian stelterThis morning, Brian Stelter, host of CNN’s “Reliable Sources,” opened the show with a segment on how the press should cover the growing ranks of Democratic presidential wannabes.  He began the discussion by asking, “Are we giving this the attention it deserves considering the number of firsts in the field?”  He referenced the unprecedented number of women, people of color with African, Latino and mixed backgrounds and the entry of a member of the LGBT community.

To cover the topic, Stelter introduced three panelists:  David Zurawik, media critic for the Baltimore Sun, Juana Summers, a political analyst with CNN and NPR, and Ruby Cramer, political reporter for BuzzFeed.  One is an older white male, one is an African-American woman, the other is a white woman.  Anyone want to guess who Stelter called on first to give an opinion on the historic nature of the most diverse field of presidential candidates in the nation’s annuls?

You guessed it.  Zurawik.  If you want to understand the significance of the presidency being open to citizens other than old, white men just ask the old, white guy.

The more things change the more they seem to stay the same.

For what it’s worth.
Dr. ESP

 

Business As Usual

Media

The  ongoing  case of Trump v. BuzzFeed v. Mueller v. Cohen over the last 48 hours provides just one more example which proves one of the basic principles of not just journalism, but almost every profession.  It is more important to understand WHY than WHO, WHAT, WHERE and WHEN.

To recap.  Thursday night BuzzFeed reported it had sources who claimed the special counsel’s office (SCO) had evidence Donald Trump directed Michael Cohen to lie to Congress concerning the timing of negotiations with Russians over a Moscow Trump Tower.  Although other media outlets reporting on the BuzzFeed story prefaced their coverage with comments such as “If true,…” or “We have not yet confirmed the story,” the feeding frenzy was on.  Last night, the SCO issued the following statement.

BuzzFeed’s description of specific statements to the special counsel’s office, and characterization of documents and testimony obtained by this office, regarding Michael Cohen’s congressional testimony are not accurate.

Unwilling to take the statement at face value, the lead in the Washington Post’s coverage begins:

Special counsel Robert S. Mueller III’s office on Friday denied an explosive report by BuzzFeed News that his investigators had gathered evidence showing President Trump directed his former lawyer, Michael Cohen, to lie to Congress about a prospective business deal in Moscow.

Did they really?  There is a big difference between flat out saying Trump did not direct Cohen to lie and letting us know reporting on the evidence which may or may not lead to that conclusion was inaccurate.  I am not going to take sides on this one, which is why I continue to urge followers of this blog to wait until Mueller and his team present the whole story.  But no one asked the most basic question, “Is it possible both parties are right?”  I’m not saying this is the case, but the BuzzFeed story characterized (SCO’s term) the evidence as “internal company emails, text messages, and a cache of other documents.”

At first glance, that does NOT make sense.  If you want to prove Trump personally directed Cohen to lie, the last place you would see that is in emails and text.  Trump does not use either.  But we do know Cohen recorded conversations with Trump.  Isn’t that how Cohen confirmed Trump was lying about the hush money to Stormy Daniels and Karen McDougal?  What if the SCO questioned the characterization of evidence by BuzzFeed because it does not want anyone to think they would rely on secondary sources?  That would hardly be ironclad proof of a felony.  An email from someone within the organization other than Trump which says “Mr. X told me Mr. Trump is putting pressure on Michael to tell Congress they dropped the Moscow project in January,” can be dismissed by the White House legal team as gossip or hearsay.  I have no doubt if Mueller plans to charge Trump with suborning perjury, it will be based on something more than second-hand information.

Every story about the Trump organization, campaign and tenure in the oval office is beginning to have a common theme.  If nothing else, Trump and his abettors are consistent.  They know only one way to do business, thus the title of today’s post.  Take example number two, the Wall Street Journal (WSJ) report on Wednesday about payments by Cohen to James Gauger, CIO at Liberty University, to rig on-line polls beginning in 2015 to raise Trump’s image and brand prior to the 2016 election.  Consider the following.

  • Gauger’s results were dismal.  In the CNBC poll of most successful American businessmen, Trump did not crack the top 100.  So much for hiring the best people.
  • Dissatisfied with the results, the Trump Organization paid Gauger much less than the contract called for.  Where have we heard that before?
  • One of Gauger’s tasks was to create a Twitter account for #womenforCohen.  This morning, former Watergate prosecutor Jill Wine-Banks could not understand why anyone would do that.  This is why lawyers should stick to lawyering.  This was a beta test of the algorithms and messaging Gauger would later use to rig polls in Trump’s favor.  Using Trump’s name would have signaled something they were not ready to air publicly.

The only person who seems to get this is frequent Morning Joe panelist Donny Deutsch an advertising executive who has known both Trump and Cohen for years.  (How close?  Last January, New York Magazine reported Deutsch was dating Mrs. Trump #2 Marla Maples.)  Deutsch consistently points out Trump’s management style in the White House should come as no surprise.  It is an extension of Trump Organization “business as usual,” which explains a lot.  It also explains why the media continues to make the same mistakes over and over.

For what it’s worth.
Dr. ESP

 

Hiding in Plain Site

Media

The obscure we see eventually. The completely obvious, it seems, takes longer.

~Edward R. Murrow

I know, this may be the fifth or sixth time I have opened a post with this quote.  But there is a reason.  It is the only thing which explains how an obvious fact can so easily be ignored or dismissed by the mainstream media.

This morning the Wall Street Journal reported the following:

In early 2015, a man [John Gauger] who runs a small technology company showed up at Trump Tower to collect $50,000 for having helped Michael Cohen, then Donald Trump’s personal lawyer, try to rig online polls in his boss’s favor before the presidential campaign.

However titillating this latest chapter of the 2016 election might seem, it was paragraph four of the story which caught my attention.

Mr. Gauger owns RedFinch Solutions LLC and is chief information officer at Liberty University in Virginia, where Jerry Falwell Jr., an evangelical leader and fervent Trump supporter, is president. (Emphasis added.)

While both CNN and MSNBC covered the Journal’s report, neither made the connection to Liberty University. One can imagine Cohen paraphrasing Rick Blaine (Humphrey Bogart) in Casablanca, “Of all the IT firms, in all the towns, in all the world, I chose this one.”  (From the Duh Department, Fox News did not cover the story at all preferring to inform its viewers how an Indonesian woman was mauled to death by her pet alligator.)

Related imageWhy does this matter?  Go back to the Deprogramming101 post from December 11, 2018 titled “J. Edgar Cohen,” in which I questioned whether Donald Trump’s fixer had blackmailed Falwell to obtain his early support for Trump’s presidential run.  It’s not like Falwell did not have his choice of kindred spiritualists including three Southern Baptists–Mike Huckabee, Ted Cruz and Lindsey Graham–and two nondenominational evangelicals–Rick Perry and Scott Walker.  In what I’m sure is just one more “coincidence” in the Trump campaign timeline, the payment to Gauger occurs around the same time Cohen confidently claims Falwell’s endorsement is forthcoming.  In what must surely be a second “coincidence,” the link to “TEAM” on the RedFinch Solutions web site is no longer active.

I have no doubt Robert Mueller will get to the bottom of this.  The question is who will hold the media, especially the cable news networks, accountable for their inability to see the forest for the trees.

POSTSCRIPT/An Already Broken New Year’s Resolution

Remember Mitt Romney, the Senator from Utah, who rolled into DC and made waves with a January 1 opinion piece in the Washington Post titled “The president shapes the public character of the nation.  Trump’s character falls short,” which included the following:

The world needs American leadership, and it is in America’s interest to provide it. A world led by authoritarian regimes is a world — and an America — with less prosperity, less freedom, less peace.

His New Year’s resolution?

I will act as I would with any president, in or out of my party: I will support policies that I believe are in the best interest of the country and my state, and oppose those that are not. I do not intend to comment on every tweet or fault. But I will speak out against significant statements or actions that are divisive, racist, sexist, anti-immigrant, dishonest or destructive to democratic institutions.

Yesterday, Romney voted with 42 other Senate Republicans to uphold Trump and Treasury Secretary Steven Mnuchin’s lifting sanctions against Russian companies partly owned by oligarch Oleg Derispaska, a Putin ally who had a relationship with convicted felon Paul Manafort.

So much for Mitt being the new John McCain.  More like Cain in the Book of Genesis.

GOD: Where is your conscience, Mitt?
ROMNEY: Am I my party’s keeper?

Obviously NOT.

For what it’s worth.
Dr. ESP