Posts Tagged ‘Rudy Giuliani’

Poor, Distractible Donald: Impeachment, Pandemic and Hoaxes

April 25, 2020

Poor, Distractible Donald: Impeachment, Pandemic and Hoaxes

 

 

Senator Mitch McConnell, among others, claims that the reason the COVID-19 epidemic in the United States is so serious, and the response to it so inadequate, is because the impeachment of Donald Trump was such a distraction that the government was unable to do any better. Therefore, it isn’t because the Trump Administration is incompetent, or Donald Trump himself is incompetent, or that the entire Republican Party is incompetent; it is because the Democrats were so partisan and unpatriotic that they chose to launch an impeachment investigation of Trump’s attempts to extort political favors from Ukraine. Is there any truth to this?

First, let’s set the timelines out so we can compare them. This is a summary of three separate timelines: one on the impeachment inquiry, one on the COVID-19 pandemic and the last more specifically on Trump’s comments regarding the pandemic. Other information has been included as indicated.

2014: Hunter Biden begins working at Burisma, the Ukrainian energy company.[1]

2016: Victor Shokin, the Ukrainian top prosecutor, is removed for corruption, due to pressure from then Vice President Joe Biden, as well as the European Union and even some Republican senators. Although he later claims it was because he was investigating Burisma, in fact there were no anti-corruption investigations of Burisma until after Shokin was replaced. This is in fact one of the reasons for his removal.

January 13, 2017: A week before taking office, Donald Trump’s incoming administration was briefed on the dangers of a possible global pandemic, including both the fact that it could be even worse than the flu of 1918 and that it was a matter of “when” more than “if.” According to Politico and others, the future presidential advisors and Cabinet members seemed “uninterested.”[2]

May 2018: President Trump disbands NSC committee planning for a future pandemic.

August 2018: President Donald Trump approves military aid to Ukraine, accepting the reports of his administration’s intelligence agencies, diplomatic corps and economic advisors that Ukraine was working to crack down on the corruption that had long been a problem there.

April 2019: Alex Azar, HHS Secretary, together with Tim Morrison, special assistant to the President, warned about the possibility of a pandemic. Azar said the danger of pandemic is what keeps them awake at night.

May 9, 2019: Rudy Giuliani, President Trump’s personal attorney with no official government status, announces that he’ll be investigating Hunter Biden and his role at Burisma.

May 16, 2019: Ukraine’s Prosector General announces that an ongoing investigation has found no evidence of corruption concerning Hunter Biden and Burisma.

July 25, 2019: Despite having already been assured by officials in the Ukrainian government that Hunter Biden was not involved in any corruption, President Trump tells President Zelenskiy of Ukraine that he wants “a favor:” that Ukraine should publicly announce an investigation of Hunter Biden for corruption, an investigation that will also implicate Trump’s political rival Joe Biden.

July-August 2019: Trump Administration pressures Ukraine to publicly announce an investigation of Hunter Biden, despite Ukraine’s previous investigation finding no corruption. The White House and Republicans in Congress are later shown to have been involved in this pressure campaign, which included threats to hold up all aid to Ukraine including defense aid essential for its national survival.

through September 2019: Trump and his administration alternatively admit and deny that they threatened to hold up aid to Ukraine in order to pressure Zelenskiy into investigating Hunter Biden. Leaks of whistleblower complaints, etc. reveal more details, some of which Trump initially denies.

September: House launches impeachment investigation.

September-December 2019: Witnesses testimony, from top U.S. diplomats, foreign policy advisors, intelligence officers and military advisers, contradicts Trump claims, detailing his pressure campaign against Ukraine and affirming that he was not interested in the results of the investigation or whether it showed any actual investigation; Trump only cared that the investigation be announced so that the Biden name would be tarnished. Trump and his aides refused to comply with Congressional subpoenas, not due to “executive privilege” but simply because they said the Executive branch outranks the Legislative branch. This led Congress to consider a new possible article of impeachment: obstruction of Congress. In December the Judiciary Committee of the House of Representatives approves two articles of impeachment: “obstruction of Congress” and “abuse of power.”

Late November-early January: U.S. Intelligence becomes aware of spreading virus in China, holds extensive briefings throughout intelligence and military agencies, culminating in a detailed briefing for Trump in early January.[3]

December 31, 2019: First case of what will later be called COVID-19 reported to World Health Organization in Wuhan, China[4]

January 18, 2020: Trump’s advisors, including HHS Secretary Alex Azar, attempt to convince him that the epidemic in China is serious and the Chinese government is covering it up. He is uninterested, even interrupting the briefing to ask when he can lift the ban on fruit-flavored vaping products. For the rest of January, his staff and advisors attempted to convince Trump that COVID-19 was a serious threat to the nation and to his reelection, but he refused to believe them. Instead, he accepted reassurances from the Chinese government, following a pattern of rejecting the advice of his own intelligence agencies and advisors and accepting the word of foreign dictators.[5]

January 22, 2020: Reporter asks Trump if there are any worries about coronavirus, and he replies, “No. Not at all. And we have it totally under control. It’s one person coming in from China, and we have it under control. It’s — going to be just fine.”

January 24: Trump tweets, “China has been working very hard to contain the Coronavirus. The United States greatly appreciates their efforts and transparency. It will all work out well. In particular, on behalf of the American People, I want to thank President Xi!”

Jan. 28: At a mass rally, Trump refers to the coronavirus as “the Democrats new hoax.” He does not appear to be denying that it exists, but is denying that it is a real danger.[6] This causes a lot of confusion among the press, and even more among less trained listeners.

Jan. 30: Trump blocks travel from China.

The same night, he holds a campaign rally in Iowa.

“We think we have it very well under control. We have very little problem in this country at this moment — five. … we think it’s going to have a very good ending for it.”

Feb. 2: Trump tells Fox News host Sean Hannity, “We pretty much shut it down coming in from China.”

Feb. 6, 2020: Earliest known death in U.S. from COVID-19, in Santa Clara County in California. This indicates that the disease was already established and uncontained in the U.S. before Trump’s travel ban was put in place, as all containment efforts at that time were focused on Washington State.[7]

January-February 2020: After negotiations between House and Senate, the House holds final vote approving articles of impeachment and sends them to Senate. Senate holds impeachment trial and Feb. 2 shows that majority of Americans, including some Republican senators, agree Mr. Trump abused the power of his office for personal political gain. Popular opinion is closely divided on whether or not he should be removed from office, but there is widespread agreement that the House investigation has proven its claims. Trump’s defense, by his attorney Alan Dershowitz, is that his reelection is in the national interest and that therefore anything he does for his own personal political gain is also a matter of national security and therefore legal.

Feb. 4, 2020: During the State of the Union Address, Trump awards the Medal of Freedom to Rush Limbaugh, a highly influential Republican pundit and Trump supporter.

Feb. 5, 2020: Trump acquitted by US Senate in a party-line vote, with the exception of Sen. Romney of Utah who votes with the Democrats to remove Trump from office.

NOTE: After this point, the impeachment is officially over and there is no realistic chance of it being revived.

February 24, 2020: Rush Limbaugh tells his listeners that the coronavirus is “the common cold.”[8]

February 27, 2020: Sean Hannity, a prominent FOX News and talk radio pundit with whom Trump is said to talk by phone nearly every night, attributes concern over coronavirus to “the media mob and the Democratic extreme radical socialist party.”

February 27: Trump supporter Candace Owens mocks concern about coronavirus, calling it “liberal paranoia.”[9]

February-March, 2020: Limbaugh continues his attacks on the medical community and health experts, insisting that COVID-19 is nothing more than the common cold. Sean Hannity continues to denounce concern over the pandemic as “hysteria” and “hoax.”[10]

March 6, 2020: While touring CDC, Trump compares the coronavirus tests to the transcript of his July 25, 2019 phone call that led to his impeachment, saying, “The tests are all perfect like the letter was perfect. The transcription was perfect. Right? This was not as perfect as that but pretty good.”[11] This was after numerous reports that the initial CDC tests were defective and that there was a severe shortage.

March 9, 2020: Trish Regan of FOX Business News denounces coronavirus concerns as a “coronavirus impeachment scam”[12] On his show, Hannity again refers to coronavirus as a “hoax.”

Jan-March 2020: Trump repeats many of these talking points from the conservative media in his briefings, speeches etc.

March 13, 2020: Trish Regan put on hiatus and later permanently dismissed.

March 16, 2020: Trump admits that virus is indeed “very bad” and begins to urge Americans to avoid crowds and so on.

March 18, 2020: Hannity claims that his show had always taken coronavirus seriously and never considered it a “hoax.”

March 24, 2020: Trump says that governors fighting coronavirus have to “be nice” if they want federal help.[13]

March-April 23, 2020: Trump conducts daily briefings on coronavirus; he also uses these briefings to attack political rivals and to make jokes about the “deep state”[14] and having sex with models.[15]   Frequently he is contradicted by his own aids and health experts, either during the briefing or afterwards, as he is presenting misinformation, medically dubious cures and so on.

April 23, 2020: During his daily press briefing, Trump interrupts the presentation of medical information about how UV light and disinfectants can kill the coronavirus to tell his doctors to look into whether it would be possible to use either to kill the virus inside an infected person. The White House spends the next 24 hours trying to respond to mockery of this idea, medical experts explain that both the light and the disinfectant that would kill the virus would also kill people, disinfectant manufacturers issue statements warning people not to drink bleach or Lysol or similar products, and the press describes the president as too “distracted” by politics and media coverage to pay attention to the actual information discussed at the regular White House pandemic response meetings.[16]

 

So yes, the impeachment was a distraction. Trump was so distracted by impeachment that while the impeachment itself was over by Feb. 5, he is still talking about it. His supporters, in government and in the conservative media, were so distracted by the impeachment that they dismissed talk about the pandemic until mid-March, 2020, when Trump, Hannity and others announced that they had in fact always taken the pandemic seriously although their public statements regularly used words like “hysteria,” “hoax” and “conspiracy.” Had the Republican Party and Trump administration begun paying attention to the coronavirus epidemic in February 2020, when the impeachment was over, we could have saved many more American lives.[17] Instead, they were still distracted by the impeachment, which was over by February 5 and was as good as dead as soon as it reached the Republican-controlled Senate which had made clear  before hearing any evidence that they would refuse to remove Trump no matter what. Donald Trump is still distracted by the impeachment, even taking time in April 2020 to punish the Inspector General whose legally-required report to Congress of the whistleblower’s complaint started the impeachment investigation. So yes, as Mitch McConnell says, Donald Trump, as well as the entire Republican Party, the leading personalities at FOX News and other conservative media were all so distracted by the impeachment that even more than a month after it was over they could not seriously talk publicly about the growing pandemic except to call it a second attempt to impeach their President.

But at the same time, from the beginning of his administration, even before he took office, Trump and his team were distracted from the dangers of a possible pandemic, even after they were explicitly warned. Some within the administration saw the dangers and attempted to warn Trump about it, but he was only concerned with political matters like the trumped-up investigation of the Bidens. The nation wasted over two months, dithering instead of preparing supplies and plans: the last month of the impeachment process and then six weeks after impeachment was over, during which the Republican party did nothing.[18] It remained a distraction because Trump and his administration put his own political ambitions ahead of the national security of the nation, obsessing with Ukraine and the efforts to concoct evidence against a political rival rather than with the warnings of their own intelligence and health agencies about a looming national threat. And even today, Trump is so distracted that his own scientific advisors have to fact-check him publicly because he is more concerned with saying whatever he thinks will make people “happy” and help his poll numbers than he is in actually giving true information to people whose lives depend on it. And his supporters, including many in the conservative media and Republican leadership, continue to insist that the whole coronavirus issue is being overblown merely to undermine Trump. They are still distracted. Some are distracted by the chance for financial gain.[19] Some are distracted by their personal political ambitions, or their desire to hurt Democrats and aid Donald Trump even if it costs American lives.[20] Many are distracted, to this day, by the impeachment, continuing to see everything as a plot against Trump. And many, many are distracted by a simple resentment of “elites,” people who have educations and expertise, who have spent decades serving society by learning about health threats without partisan bias, serving the public under administrations of both parties and thus becoming that evil “Big Government” they have been trained to hate and despise by decades of right-wing messaging.

Perhaps we should fire this distractible party, and replace it will a group that actually pays attention to the business of government—-you know, like the party that originally wrote the anti-pandemic playbook which the Trump administration threw out, which established the pandemic-preparedness planning group that Trump fired, and which handled the Ebola and Swine Flu epidemics so that they DIDN’T kill fifty thousand Americans and counting in less than three months.

[1] Elizabeth Janowski, “Timeline: Trump Impeachment Inquiry;” NBC News February 5, 2020 (https://www.nbcnews.com/politics/trump-impeachment-inquiry/timeline-trump-impeachment-inquiry-n1066691)

[2] Nahal Toosi, Daniel Lippman and Dan Diamond, “Before Trump’s Inauguration, a Warning:   ‘The Worst Influenza Pandemic Since 1918’;” Politico March 16, 2020 (https://www.politico.com/news/2020/03/16/trump-inauguration-warning-scenario-pandemic-132797)

[3] Veronica Stracqualursi, “ABC News: US Intelligence Warned of China’s Spreading Contagion in November;” CNN, April 8, 2020 (https://www.cnn.com/2020/04/08/politics/us-intelligence-report-china-coronavirus/index.html)

[4] CNN Editorial Research, “Coronavirus Outbreak Timeline Fast Facts;” CNN April 22, 2020 (https://www.cnn.com/2020/02/06/health/wuhan-coronavirus-timeline-fast-facts/index.html )

[5] Caroline Kelly, “Washington Post: US Intelligence Warned Trump in January and February as he Dismissed Coronavirus Threat;” CNN March 21, 2020 (https://www.cnn.com/2020/03/20/politics/us-intelligence-reports-trump-coronavirus/index.html)

[6] Bethania Palma, “Did President Trump Refer to Coronavirus as a ‘Hoax’?” Snopes March 2, 2020 (https://www.snopes.com/fact-check/trump-coronavirus-rally-remark/)

[7] Dennis Romero, “1st US Coronavirus Death was Weeks Earlier than Initially Believed;” NBC News April 22, 2020 (https://www.nbcnews.com/news/us-news/first-u-s-coronavirus-death-happened-weeks-earlier-originally-believed-n1189286)

[8] Jonathan V. Last, “The Malicious Irresponsibility of Rush Limbaugh;” The Bulwark April 2, 2020 (https://thebulwark.com/newsletter-issue/38752/)

[9] Jeremy W. Peters, “Alarm, Denial, Blame: The Pro-Trump Media’s Coronavirus Distortion;” The New York Times April 1, 2020 (https://www.nytimes.com/2020/04/01/us/politics/hannity-limbaugh-trump-coronavirus.html)

[10] Aaron Rupar, “Hannity Claims He’s ‘Never Called the Virus a Hoax’ 9 Days after Decrying Democrats’ ‘new hoax’;” Vox March 20, 2020 (https://www.vox.com/2020/3/20/21186727/hannity-coronavirus-coverage-fox-news)

[11] Chas Danner, “Trump Says Coronavirus Testing is as ‘Perfect’ as his Phone Call;” Intelligencer March 6, 2020 (https://nymag.com/intelligencer/2020/03/trump-coronavirus-testing-as-perfect-as-ukraine-call.html)

[12] Matt Wilstein, “Fox Business Ditches Trish Regan After Coronavirus ‘Impeachment Scam’ Rant;” Daily Beast March 28, 2020.

[13] Aaron Rupar, “Trump Commits to Helping Blue States Fight the Coronavirus——If Their Governors Are Nice to Him;” Vox March 25, 2020 (https://www.vox.com/2020/3/25/21193803/trump-to-governors-coronavirus-help-ventilators-cuomo)

[14] Jake Lahut, “Dr. Anthony Fauci Did a Facepalm After Trump Mentioned the ‘Deep State Department’ in a Wild Coronavirus Briefing;” Business Insider March 20, 2020 (https://www.businessinsider.com/dr-anthony-fauci-did-a-facepalm-during-trumps-coronavirus-briefing-2020-3)

[15] Matthew Wright, “President Trump is Eviscerated on Social Media for Making a Tasteless Joke About Being ‘Involved’ with Models as He Talks About Coronavirus DEATH Trajectory;” Daily Mail April 4, 2020 (https://www.dailymail.co.uk/news/article-8187225/Trump-makes-joke-involved-models-talks-coronavirus-DEATH.html)

[16] Kevin Liptak and Kaitlan Collins, “How a Media-Distracted Trump Ended Up Derailing His Own Briefing;” CNN April 25, 2020 (https://www.cnn.com/2020/04/25/politics/donald-trump-coronavirus-task-force-science/index.html)

[17]Stephen Collinson, “Trump Sees ‘LIght at the End of the Tunnel’ at Start of ‘Pearl Harbor’ Week;” CNN April 6, 2020 (https://www.cnn.com/2020/04/06/politics/donald-trump-coronavirus-history-health-economy/index.html)

[18] Jonathan Alter, “Trump’s Lost Months Are Killing Us. Here’s How to Make Them Politically Fatal for Him;” The Daily Beast April 4, 2020 (https://www.yahoo.com/news/trump-lost-months-killing-us-011244950.html)

[19] Matthew S. Schwartz, “Missouri Sues Televangelist Jim Bakker for Selling Fake Coronavirus Cure;” NPR March 11, 2020 (https://www.npr.org/2020/03/11/814550474/missouri-sues-televangelist-jim-bakker-for-selling-fake-coronavirus-cure)

[20] Scott Bixby, “DeVos Has Deep Ties to Protest Group, but is Quiet on Tactics;” Daily Beast April 21, 2020 (https://www.thedailybeast.com/devos-has-deep-ties-to-michigan-protest-group-but-is-quiet-on-tactics)

The Mueller Report: I read it for you, but you should read it for yourself. pt 9

July 10, 2019

The President’s Conduct Towards Flynn, Manafort, HOM

            We’ve seen how Mr. Trump’s behavior has become increasingly criminal from the venial “can you see your way to letting Flynn go” he started with Comey up to the “you’d better tell it like I say it happened or you’ll be fired” he threw at Don McGahn. In this section of the report we come to what can only be described as “bribery:” you scratch my back, don’t say nuthin’ to the FBI, and I’ll use my power to get you off scot free. Sometimes the seriousness of the alleged instances of obstruction of justice could be debated, and the Mueller report itself grants that something like a trial is necessary to determine whether Trump’s attempts to interfere always rise to the level of obstruction of justice. Here, the obstruction stinks like week-old sardines. At the same time, there is a madding amount of redacted material in this section. Speculation in the press is that the blacked-out sections refer to Roger Stone, who was still under investigation at the time this report was published. Since we know neither the evidence nor the accused, we must focus instead on the two figures about whom we do have some information.

This issue here is Trump’s transparent and even public dangling of pardons to induce people not to testify, as well as attempts to intimidate them when bribery wasn’t working. In Flynn’s case, Trump made public statements praising Flynn while sending private messages of support, encouraging him to “stay strong.” However, when Flynn began cooperating with the FBI, Trump and his attorneys became increasingly “indignant” and threatening. Even after he pled guilty to lying to the FBI, however, Trump never totally ruled out using his pardon power.

In the case of Paul Manafort, the efforts to interfere in the FBI investigation were even more heavy-handed. Manafort and his subordinate Richard Gates were indicted on multiple felony counts for conduct beginning in 2005 and continuing through 2018. Manafort told Gates in January 2018 that the President’s personal counsel assured him that the President was “going to take care of us” and that they’d be stupid to negotiate a plea deal. Manafort did say that they’d not specifically used the word “pardon” in those conversations. As the Manafort and Gates trials proceeded, Trump privately said he’d never liked Manafort and thought he was incompetent. He also discussed with Rob Porter whether Manafort might know anything that could be damaging to Trump himself. Publicly, however, Trump was effusive in is praise for Manafort and repeatedly said that he thought the FBI investigation was “unfair” because some of the things he’d been investigated for happened a long time ago—ignoring the fact that some of it happened mere weeks earlier. After Manafort’s bail was revoked due to his attempted witness tampering while out on bail, Trump’s personal lawyer Rudy Giuliani publicly said in several interviews that “things might get cleaned up with some presidential pardons.” While he said “no one has been pardoned yet,” he also said pardons were likely if Trump thought someone had been treated “unfairly.” This was followed by a series of public statements by Trump and his legal team that Manafort was in fact being treated unfairly, leading to the logical conclusion that pardons were in the offing so long as nobody “flipped.”

In analyzing the President*’s conduct, the Special Counsel considered the following elements:

  1. Obstructive act: Would Trump’s public praises, public and private threats, and barely-concealed offers of pardons have the natural tendency to prevent witnesses from testifying truthfully? The report concludes that it is unable to determine whether this is true of Flynn since much of the communication was between lawyers and thus was privileged. But in the case of Manafort, much of the evidence comes from public statements and other non-privileged communication. Not only did Trump and his team convey to Manafort that if he was “strong” and didn’t cooperate with the FBI he’d be likely to get a pardon, but when Manafort did finally negotiate a deal he broke it by lying again to investigators. Furthermore, the President*’s public statements during the Manafort trial were likely to sway the jury and were likely attempts to influence their deliberations. At least, any sane, moderately intelligent person would have known that making public statements that the press were likely to repeat and which the jury would likely hear about might influence them, and thus would be improper during the days they were deliberating; yet Trump made such statements anyway. To qualify as an “obstructive act,” it is only necessary to show that the act would have the natural tendency to obstruct an official investigation or trial. Clearly anything that might either encourage a witness to not truthfully cooperate with law enforcement, or might sway a jury during its deliberations would qualify.
  2. Nexus to an official proceeding: Trump’s actions were all connected to official investigations; they took place during either investigations or trials and directly referenced these official proceedings. They also clearly stated his desire that witnesses testify in certain ways.
  3. Intent: The report does not reach a firm conclusion as to why Trump behaved towards Flynn as he did. Even after Flynn had begun cooperating with Mueller and had pled guilty to lying under oath, Trump continued to express sympathy towards him. It seems clearer that his behavior towards Manafort was intended to persuade him to either lie or at least stay silent. While Trump continued to express sympathy for Flynn pretty consistently, he privately expressed dislike and disdain for Manafort while publicly praising him and complaining that he was being treated “unfairly.” Thus his public statements were not true expressions of his actual feelings, and were instead intended for some other purpose. That purpose was to encourage Manafort not to say anything that might hurt Trump; we don’t have to speculate about that because so much of this was carried out on Twitter. The repeated message, publicly and covertly, was that Manafort should not “flip” and say anything harmful about Trump, and that if he remained “strong” and loyal he would be “taken care of,” likely through a presidential pardon. Furthermore, Trump’s public praise of Manafort could be considered an effort to influence the jury. Again, while he actually didn’t think much of Manafort, in public statements the jury would be likely to see or hear while deliberating he praised him for his public service, his strong character, and bemoaned the “witch hunt” and “hoax” trial in which they were the jury. Even so, the report holds out the possibility that maybe Trump was not really engaged in jury tampering but was only expressing genuine sympathy; only a trial, an impeachment inquiry or some other public hearing of that sort, where all the evidence could be presented and argued, could determine this with more certainty.

Some have said that Trump does nothing wrong to suggest he might pardon people while they are on trial or are considering whether to cooperate with an official investigation. After all, doesn’t the Constitution give the President the right to grant pardons? By that argument, he could have just offered them money; the Constitution also gives the President the right to give money to anyone he (or she) chooses. What makes it corrupt is the intention. The Constitution envisions the President using the pardon power to undo miscarriages of justice, not to influence witnesses away from truthful testimony. And the Constitution grants the President and anyone else free speech, but not the right to try to influence a jury’s deliberations. Bribery, suborning perjury and jury tampering are very serious charges, and to suggest they are less serious because they are done by a President using Constitutional powers is like suggesting murder is less serious if it is done by a doctor using his drugs and medical training to kill instead of to heal.