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Month: November 2019

“I want nothing! I want nothing!”

“I want nothing! I want nothing!”

by digby



Frances Langum at C&L quips:


If Gordon Sondland’s testimony was this year’s stupid Watergate’s John Dean moment, then Trump’s appearance outside the White House was the “Pray with me, Henry” meltdown. 

Trump yelled his notes to reporters: “I say to the Ambassador in response: ‘I want nothing, I want nothing. I want no quid pro quo. Tell Zelensky, President Zelensky, to do the right thing.'” 

And regarding Sondland, of course Trump doesn’t know him. “I don’t know him very well. I have not spoken to him much. This is not a man I know well. Seems like a nice guy though. But I don’t know him well. He was with other candidates.”

Langum observed that it was only a matter of time before Trump calls Sondland, the million-dollar donor, a “Never-Trumper.”

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The entire GOP is now doing the Russian government’s work for them

The entire GOP is now doing the Russian government’s work for them

by digby

My Salon column this morning:

Last Friday, President Trump made the huge error of committing an impeachable offense while a House impeachment hearing was underway, by seeking to intimidate former Marie Yovanovitch, the former ambassador to Ukraine — who he had already threatened during the famous July phone call with Ukrainian President Volodymyr Zelensky. He did it again over the weekend with this insult toward Jennifer Williams, an aide to Vice President Mike Pence, who heard that call.

Someone seems to have gotten through to Trump since then, because he didn’t personally insult or threaten the witnesses during Tuesday’s marathon hearings. He did, however, retweet insults by others and issued an official White House tweet questioning the integrity of the National Security Counsel’s Ukraine expert, Lt. Col. Alexander Vindman. In his one appearance before the cameras, he made a snotty observation that Vindman had worn his U.S. Army uniform to the hearing, implying — as did several Republican members of the House Intelligence Committee — that he was being theatrical. There was a time when they would have swooned over any military dress uniform covered with salad. Now they only revere those who commit war crimes.

Mostly the president relied on Republicans to do the fighting for him and they did the best they could, denigrating the process, as usual, and spinning out as many conspiracy theories as they could, often confusing witnesses who had no idea what they were talking about. No doubt the Fox News audience understood it all very well, having been indoctrinated in these right-wing fever dreams ever since Trump assumed office. And no doubt the president appreciated the effort.

But it was not a good day for him. Vindman testified that Trump’s demand that a foreign government investigate a U.S. citizen and political opponent was inappropriate. He was backed up in that assessment by the three other witnesses: Williams, former Ukraine special envoy Kurt Volker and National Security Council staffer Tim Morrison, a hawkish former GOP congressional aide. All of them had been expected to be somewhat Trump-friendly witnesses, throwing cold water on the idea that the president had engaged in unethical behavior. It didn’t work out that way.

When asked about details of the so-called Biden corruption scandal, they all agreed that it was political in nature, putting the lie to the absurd GOP insistence that the great anti-corruption crusader Donald Trump was just trying to clean up Ukraine. Volker did a major rewrite of his earlier testimony, in which he had said he never heard anything about Biden being investigated. After seeing all the testimony, this longtime diplomat and sophisticated political player said his memory has been refreshed and he now knows he didn’t fully understand the situation and if he had he would have spoken up.

Democrats let Volker off easy, probably because he confirmed other aspects of the case. Republicans weren’t happy since they had demanded his testimony and were counting on him to say he hadn’t seen anything wrong. Morrison was expected to be helpful as well, but he really wasn’t. He said he was concerned about EU ambassador Gordon Sondland’s relationship with the president and the connection of aid to investigations. He said he reported events to National Security Council lawyers, even while insisting there was nothing wrong with the president’s call with Zelensky. Whatever help he might have given was almost certainly offset by his acknowledgment that the demand for investigations from a foreign government in exchange for military aid was wrong.

In that, these witnesses agree with 70% of the American people.

Now that we’ve watched three long days of hearings it’s pretty clear that the Republicans aren’t just interested in challenging witnesses or offering a defense of the president’s actions. They see this as an opportunity to advance the same conspiracy theories that Trump and Giuliani were pressing the Ukrainians to announce they would investigating.

Despite being thoroughly and repeatedly debunked, largely on the basis of a timeline that refutes their premise, the bogus corruption scandal around Joe and Hunter Biden remains a live issue, as far as Republicans are concerned. The facts of the case are of little interest to them. They simply want to keep talking about it in order to justify the president’s actions and keep the so-called scandal viable as a political weapon should Biden win the Democratic nomination. It is the patented “but her emails” strategy, which you have to admit was highly successful.

It’s somewhat more interesting that Republicans are spending a lot of time talking about the other investigation Trump so desperately wanted. That would be the alternative narrative in which the Ukrainians framed the Russian government for the 2016 election interference in an effort to help Hillary Clinton, what Trump referred to as “CrowdStrike” in the infamous call. I won’t go into the details here. If you are unfamiliar with the so-called details of this loony conspiracy theory, you can read about it in this Salon article by Bob Cesca. Suffice it to say there is no basis for any of this and the main people who benefit from its continued dissemination are Donald Trump and Vladimir Putin.

This isn’t just another crazy right-wing distraction, however. The consensus in the American intelligence community, as well as that of our allies, is that it was the Russians who hacked into Democratic emails and had them distributed, much to Trump’s delight. The president and the Republican Party are spreading this counter-narrative blaming Ukraine — a narrative allegedly planted by Russian agents — as a green light to Russia to interfere in the 2020 election.

I’ll say that again: The entire Republican Party is now acting as a Russian ally, eager to spread Putin’s lies blaming Russia’s regional adversary for what his own agents did. Even if Trump doesn’t win next year, the Russians will have successfully pumped these toxic narratives into the American body politic, and made it very ill.

In the hearing on Tuesday, Republicans repeatedly slandered Speaker Nancy Pelosi with this doctored quote:

That’s not correct. What Pelosi actually said was this:

The weak response to these hearings has been, “Let the election decide.” That dangerous position only adds to the urgency of our action, because the President is jeopardizing the integrity of the 2020 elections.

Even after the Mueller report was released, Pelosi didn’t want impeachment. She and many others in the Democratic Party believed it would be a mistake to take the president on for his 2016 actions and the subsequent cover-up when another election was imminent. But when evidence emerged that Trump was actively trying to sabotage the 2020 election by letting Russia off the hook for 2016 — and was trying to bribe or extort foreign leaders into smearing Democrats — she really had no choice.

Trump doesn’t have a lot of running room to set up any more foreign shakedown schemes before 2020, so the impeachment process is probably doing some good in keeping him confined. But Republicans have taken the baton and are running with it as best they can in these hearings, basically saying, “Russia, if you’re listening, we have your back.” Indeed, they are sending that signal to anyone who wants to interfere. The best hope the Democrats have is that the electorate as a whole will see through it this time.

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Sondland goes rogue

Sondland goes rogue

by digby

Just as likely, Nunes was giving him a warning that he was about to smear him. Because this isn’t good for Dear Leader, Rudy and Pompeo. And he’s brought receipts:

Gordon Sondland, the American ambassador to the E.U., is pointing the finger at President Donald Trump, Secretary of State Mike Pompeo and former national security adviser John Bolton in explosive public testimony on Wednesday in which he says explicitly that there was a “quid quo pro” linking a White House visit by Ukraine’s president to investigations into a political opponent of the president.

Under fire from all sides after multiple witnesses contradicted his earlier deposition, Sondland blames everyone but himself for the pressure campaign on Ukraine now driving impeachment proceedings against Trump. He showed up for his televised hearing with reams of new text messages and emails he said prove the highest levels of the White House and the State Department were in on it.

“They knew what we were doing and why,” Sondland plans to tell the House Intelligence Committee, according to his opening statement obtained by NBC News. “Everyone was in the loop. It was no secret.”

He says he knows that House members have asked “was there a quid pro quo,” adding that when it comes to the White House meeting sought by Ukraine’s leader, “The answer is yes.”

Sondland also draws Pompeo more deeply into the effort than has previously been known, including emails to the secretary and a top aide in which the basic contours of the quid pro quo alleged by Democrats seem clear.

At the time, the Trump administration had frozen military aid to Ukraine. On Aug. 11, Sondland emailed top Pompeo aide Lisa Kenna that he and former Ukraine envoy Kurt Volker “negotiated a statement” for Ukraine’s president, Volodymyr Zelenskiy, to deliver. Kenna responds saying she’s passing the message along to Pompeo.

Eleven days later, Sondland wrote Pompeo directly, suggesting Zelenskiy meet Trump in Warsaw “to look him in the eye” and say he should be able to proceed on issues important to Trump “once Ukraine’s new justice folks are in place.” Earlier, in a July 25 phone call, Zelenskiy had told Trump that installing his own prosecutors would remove an obstacle to opening the investigations of the Bidens and the 2016 election.

“Hopefully, that will break the logjam,” Sondland wrote.

“Yes,” Pompeo responded three minutes later. Kenna followed up saying she would try to arrange the meeting. Ultimately, Trump sent Vice President Mike Pence to Warsaw instead.

Further implicating Pompeo, Sondland plans to testify that it was “based on my communications with Secretary Pompeo” that he felt comfortable telling a top Zelenskiy aide the funds likely wouldn’t be unfrozen until Ukraine committed publicly to the investigations sought by Trump. Those included probes into former Vice President Joe Biden’s family and alleged Ukrainian meddling in the 2016 election.

“State Department was fully supportive of our engagement in Ukraine affairs, and was aware that a commitment to investigations was among the issues we were pursuing,” Sondland will testify, according to his opening remarks.

Pompeo twice ignored questions about Sondland’s testimony in Brussels, where he’s meeting with NATO allies.

Sondland’s 19-page opening statement — plus texts and emails not previously made public — is filled with new details and disclosures he omitted from both his over nine-hour closed-door deposition and a sworn declaration he made later. He will say his memory had been refreshed by other witnesses’ testimony, but lawmakers are likely to grill Sondland over his failure to produce the information previously and whether his testimony can be trusted after changing so many times.

But the email and text records Sondland is providing to Congress on Wednesday may corroborate some of his new account.

In one email to Bolton on Aug. 26, Sondland sent him a contact card for Rudy Giuliani, the Trump personal lawyer who drove the push for investigations into the Bidens and 2016. That email came days before Bolton traveled to Ukraine, and Sondland plans to testify that “Bolton’s office requested Mr. Giuliani’s contact information.”

As the impeachment proceedings have moved into the public televised phase, Republican lawmakers have sought to distance Trump from the allegations by pressing witnesses to concede that they never heard Trump personally link a meeting with Zelenskiy or the Ukraine aid to investigations. Those arguments have set up Sondland and Giuliani — as the emissaries who conveyed the conditions to the Ukrainians — as potential scapegoats if Trump’s allies can successfully portray them as acting on their own volition and not on Trump’s behalf.

But Sondland’s testimony that they were carrying out Trump’s wishes — and briefing top officials along the way — may complicate any efforts to use him and Giuliani as buffers between the president and allegations of wrongdoing.

“Mr. Giuliani was expressing the desires of the president of the United States, and we knew that these investigations were important to the president,” Sondland will tell the House Intelligence Committee.

Sondland will largely concede that the accounts of his July 26 phone call with Trump from a restaurant in Kyiv are accurate. In his earlier deposition, Sondland had not mentioned that call, which was overheard by several U.S. diplomats dining with Sondland but only came to light recently, in other hearings.

During that call, according to testimony from diplomat David Holmes, Trump could be overheard asking Sondland about the investigations and was told the Ukrainians were ready to commit to them. Sondland also told Trump that Zelenskiy will do “anything you ask him to,” Holmes testified.

Sondland, in acknowledging that call, will suggest that his memory is hazy, but that he has “no reason to doubt that this conversation included the subject of investigations.” He says the White House recently gave his lawyers phone records showing the call lasted five minutes.

“It is also true that we discussed ASAP Rocky,” Sondland will say, a reference to a rapper jailed in Sweden that Holmes said was mentioned during the call and whom Trump had taken an interest in.

Arguing he bears no personal fault and acted in good faith, Sondland repeatedly blames Trump for forcing him, Volker and Energy Secretary Rick Perry to work with Giuliani on Ukraine, despite all of them thinking that it was a bad idea.

“We followed the president’s orders,” Sondland plans to testify about the president’s instruction to work with Giuliani.

In some instances, he disputes the testimony of others whose depositions contradict his own, including Holmes, who testified that Sondland had referred to “the Biden investigation” as part of the “big stuff” that Trump cared about. Sondland insists he did not mention Biden.

He will concede that in a July 10 meeting with Bolton and Ukrainian officials at the White House, Sondland mentioned “the prerequisites of investigations before any White House call or meeting.” But Sondland will dispute the accounts of former White House official Fiona Hill and Lt. Col. Alex Vindman, the Ukraine director in the White House, both of whom testified Bolton was so disturbed by his comment that Bolton abruptly ended the meeting.

“Their recollections of those events simply don’t square with my own or with those of Ambassador Volker or Secretary Perry,” Sondland will say.

He’s saying it right now. And he’s very animated about it.

This should be quite a hearing.

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Worser and worser by @BloggersRUs

Worser and worser
by Tom Sullivan


Congressman Adam Schiff (D-Calif.) chairs the House Permanent Select Committee on Intelligence. Photo public domain via House.gov.

Military surplus sites have long peddled a cocky, in-your-face tee shirt that reads, “JOIN THE MARINES! TRAVEL TO FOREIGN PLACES, MEET EXOTIC PEOPLE, AND KILL THEM.” Millionaire Gordon Sondland thought he would be doing the diplomatic equivalent by donating enough to a presidential candidate to garner an ambassadorship. He would join the diplomatic corps, travel to foreign capitals, hobnob with heads of state. “And go to jail” was not what the naif had in mind.

Now Ambassador to the European Union, Sondland this morning takes the hottest seat yet when he is sworn in to testify before the House Permanent Select Committee on Intelligence. His original testimony in the Ukraine affair, already amended, will receive close scrutiny from Democrats on the committee. Their questions will look to tie President Donald Trump directly to the arms-for-political-dirt scheme revealed in a call between the White House and Ukraine’s President Volodymyr Zelensky. Reported by an anonymous whistleblower, that July 25 call precipitated the ongoing House impeachment inquiry.

Democrats may be Sondland’s only “friends” on the panel. Republicans are setting him up (with Rudy Giuliani, Trump’s personal attorney) as a fall guy in the scandal.

Democrats will ask why in his original testimony Sondland failed to disclose his July 26 restaurant call to Trump in which they discussed whether Zelensky would publicly announce an investigation into Trump political rival, former Vice President Joe Biden. They will ask for details of another call prior to the Trump-Zelensky conversation on July 25. Sondland is thought to have briefed Trump on what to say to Zelensky. Shortly thereafter, Trump told Zelensky, “I would like you to do us a favor though …” after Zelensky expressed interest in buying Javelin anti-tank missiles. Trump asked for an investigation into Biden and a debunked conspiracy theory about Ukraine interfering in the 2016 election. The consensus of the U.S. intelligence community is it was Russia.

The New York Times reports:

Mr. Sondland is the witness who most concerns people close to Mr. Trump, several of them said, expressing worry that he interacted directly with the president about Ukraine and that they do not know what he will say. Mr. Sondland has already amended his testimony once, in writing.

Mr. Sondland’s statements look increasingly suspect, said Chuck Rosenberg, a former United States attorney and senior F.B.I. official who is following the hearings closely. “But that doesn’t mean he can’t come in now and tell the truth,” Mr. Rosenberg added.

Mr. Sondland’s recollection of his July 26 call with Mr. Trump might never have been questioned had not another American official overheard the conversation, conducted from Mr. Sondland’s lunch table on the terrace of a restaurant in Kyiv, the capital of Ukraine. Mr. Trump was speaking so loudly that Mr. Sondland held the phone away from his ear, broadcasting the call to his dining companions.

David Holmes, an American Embassy official in Kyiv who had joined the ambassador for lunch, said he clearly heard Mr. Trump ask whether Volodymyr Zelensky, Ukraine’s newly installed president, was “going to do the investigation.” Mr. Sondland replied: “He’s going to do it.”

“Will he do it?” is the question again this morning with cameras rolling. Sondland faces a choice of standing by his earlier testimony (contradicted by prior witnesses) or answering fully and truthfully no matter how it reflects on Trump. Courts have already convicted other Trump associates for lying under oath, including Trump confidant Roger Stone last week.

Of the witnesses appearing in public so far, none have been helpful to the president, even those requested by Republicans on the committee. Things just look worse. Trump has lost three of four statewide races this month that he’d made tests of his ability to elect Republicans. As Trump’s polling numbers erode, Republican allies may find their enthusiasm for defending him flagging unless they can pin the arms-for-political-dirt scandal on a convenient patsy. How they treat Sondland this morning may indicate their choice.

The Times continues:

Mr. Sondland once described himself as a “results-oriented,” take-charge type. Now investigators are asking him why he pushed a so-called deliverable for the president — an announcement of the investigations — that other officials have said was ethically wrong and ran counter to American national security interests.

Mr. Sondland also liked to present himself as a refreshing alternative to hidebound bureaucrats. Now some of those same bureaucrats have described him as an aggressive operator who elbowed them out of the way, rejected time-honored protocols and turned his personal cellphone into a national security risk.

Sondland’s attention-getting donations to the Trump campaign meant he could boast he was harder to reach than the president he could call on a whim. How cool is that?

Much cooler than the seat he’ll occupy this morning.

Highlights

Highlights

by digby

If you want more, follow this twitter thread.

Amen:

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The Navy declares war

The Navy declares war

by digby


Trump and his henchmen are NOT going to be happy about this:

The Navy SEAL at the center of a high-profile war crimes case has been ordered to appear before Navy leaders Wednesday morning, and is expected to be notified that the Navy intends to oust him from the elite commando force, two Navy officials said on Tuesday.

The move could put the SEAL commander, Rear Adm. Collin Green, in direct conflict with President Trump, who last week cleared the sailor, Chief Petty Officer Edward Gallagher, of any judicial punishment in the war crimes case. Military leaders opposed that action as well as Mr. Trump’s pardons of two soldiers involved in other murder cases.

Navy officials had planned to begin the process of taking away Chief Gallagher’s Trident pin, the symbol of his membership in the SEALs, earlier this month. But as he waited outside his commander’s office, Navy leaders sought clearance from the White House that never came, and no action was taken.

Admiral Green now has the authorization he needs from the Navy to act against Chief Gallagher, and the formal letter notifying the chief of the action has been drafted by the admiral, the two officials said.

The officials spoke on condition of anonymity because they were not authorized to speak publicly about the impending action.

The Navy also plans to take the Tridents of three SEAL officers who oversaw Chief Gallagher — Lt. Cmdr. Robert Breisch, Lt. Jacob Portier and Lt. Thomas MacNeil — and their letters have been drafted as well, one of the officials said.

Under Navy regulations, a SEAL’s Trident can be taken if a commander loses “faith and confidence in the service member’s ability to exercise sound judgment, reliability and personal conduct.” The Navy has removed 154 Tridents since 2011.

Removing a Trident does not entail a reduction in rank, but it effectively ends a SEAL’s career. Since Chief Gallagher and Lieutenant Portier both planned to leave the Navy soon in any case, the step would have little practical effect on them. But in a warrior culture that prizes honor and prestige, the rebuke would still cast the men out of a tight-knit brotherhood.

“To have a commander remove that pin after a guy has gone through so much to earn it, it is pretty much the worst thing you could do,” said Eric Deming, a retired senior chief who served 19 years in the SEALs. “You are having your whole identity taken away.”

I’ll be interested to see how he deals with this. It isn’t direct insubordination. But it’s a statement.

Trump may let it slide. It’s the smart thing to do. Getting into a pissing match with the Navy is the last thing he needs right now. But he very rarely does the smart thing. After all, look at the war criminal he just pardoned:

Navy officials contend that, independent of the criminal charges, Chief Gallagher’s behavior during and since the deployment has fallen below the standard of the SEALs. A Navy investigation uncovered evidence that he had been buying and using narcotics.

Since his acquittal, Chief Gallagher has trolled the Navy on social media, taunting the SEALs who testified against him; mocking one who wept as he told investigators about witnessing the stabbing of the captive; insulting the Naval Criminal Investigative Service; and calling top SEAL commanders, including Admiral Green, “a bunch of morons.”

In case you were wondering what our country is all about now, here’s an explanation of what Trump is doing:

Jens David Ohlin is vice dean and professor of law at Cornell Law School, where he teaches and writes about international law, national security, and criminal law.

Late last week, President Trump pardoned two service members and reversed the demotion of a third, each of whom was accused of war crimes. The details of the crimes were different, but the cases shared a common theme: The men were accused of killing civilians or prisoners outside the zone of combat, in violation of the laws of war.

The pardons, made over the objections of the Pentagon, suggest that Trump holds a dangerous, obsolete view of warfare — one that had fallen into disrepute after the horrors of World War II. His actions suggest that he believes in “total war,” in which warfare is conducted not only by professional soldiers but also by entire societies, including their civilians.

The slaughter of the 1940s, in which civilians bore the brunt of much military force, notably through aerial bombings, led nations to recommit themselves to vigorous enforcement of rules on the conduct of war — rules that drew sharp distinctions between combatants and noncombatants, protecting the latter. The goal was to avoid total war at all costs and to ensure that professional soldiers bore the brunt of war’s horror. Trump apparently rejects the combatant-noncombatant distinction as a pointless quibble. Yet such a stance could have dangerous implications, including for both U.S. soldiers and American civilians.

Through the 19th and early 20th centuries, war had been moving steadily in the direction of total war. For example, during the Napoleonic Wars in the early 1800s, militaries used strategies designed to demoralize civilians so they would pressure their leaders for peace. Cities were burned; food sources destroyed.

World War I was no better. When the Germans invaded Belgium in 1914, they massacred civilians and looted the town of Louvain. The rest of the continent suffered a refugee crisis as millions of civilians on both sides were displaced during the fighting. The logical culmination of total war came in World War II with the Holocaust, the strategic bombing of cities as a tactic of demoralization, and the dropping of the atomic bomb.

The rules codified after World War II, however, harked to codes that first rose to prominence during the medieval period. Under “chivalric” codes, warfare was conducted by knights who engaged in battle with each other according to customs or norms of honor. It was considered dishonorable to fight people outside of the circle of those designated to bear arms.

After World War II, the chivalric notion of warfare came to be embodied in international treaties like the Geneva Conventions and domestic statutes like the Uniform Code of Military Justice — which formed the basis for the prosecutions in the three cases into which the president inserted himself. These laws ensure that the burdens of war fall almost exclusively on professional soldiers, who are granted legal immunity to kill enemy soldiers; in turn, they open themselves up to the reciprocal risk of getting killed by the enemy.

Trump’s pardons each involved alleged crimes committed by U.S. soldiers against individuals hors de combat, a technical legal term meaning individuals who are “outside” of combat.

Army Maj. Mathew L. Golsteyn was charged with murder in the killing of a suspected Taliban bombmaker, known as Rasoul, who was in the process of being released from U.S. custody in Afghanistan in 2010. Golsteyn was initially reprimanded but not charged by the military, but during a later job interview with the CIA, Golsteyn admitted that he had executed the man and burned the body, which caused the military to reopen its investigation. Golsteyn was scheduled to be tried in February.

Former Army 1st Lt. Clint Lorance was convicted in 2013 of two counts of murder for ordering his platoon to open fire on civilians riding a motorcycle in Afghanistan. Members of his platoon testified that the victims did not pose a danger to the platoon, and that Lorance had “repeatedly” targeted unarmed civilians, according to the New York Times. Lorance received 20 years in prison.

Former Chief Petty Officer Edward Gallagher was charged with killing a wounded Islamic State detainee who was being treated by a U.S. medic. Gallagher was accused of executing the prisoner with a knife, although at trial the medic dramatically changed his story and claimed to have killed the prisoner himself, by placing his finger on the man’s breathing tube, after the knife injury. Gallagher was acquitted of murder but convicted of posing with the corpse for a photograph, and he received a demotion. Trump reversed the demotion.

Such acts violate the core feature of the “war convention” (as the philosopher Michael Walzer has called it) that evolved out of the chivalric notion of combat: namely, the prohibition on harming civilians and soldiers who are either prisoners of war or wounded and therefore incapable of fighting back. (Civilians can be killed as collateral damage — an exception that can be abused but which remains important. To be lawful, the death of civilians must be ancillary to the main goal of attacking soldiers, and unavoidable if that goal is to be achieved.) The man Golsteyn is alleged to have killed had just been released from custody; Lorance’s victims were civilians who, according to the military, had taken no part in combat at all; Gallagher’s victim was grievously injured. All were shielded from military attack under the laws of war.

The chivalric notion of warfare does bring with it some negative consequences. Soldiers are given little legal protection, at least while they are fighting, and can be killed in large numbers. These rules of war do not yet create any protections for soldiers who are technologically outmatched, and slaughtered as a result, or unwillingly conscripted into service. And some scholars, such as historian Samuel Moyn, have argued in good faith that our collective obsession with “humane” warfare has crowded out legal prohibitions against starting wars in the first place, ultimately leading to more casualties in the long run.

You would think that it would be the professional military that would have the greatest misgivings about the chivalric code, since the military bears the greatest burdens under its rules. But the truth is just the opposite. In the three cases in which Trump granted pardons, military (not civilian) prosecutors worked hard to investigate and prosecute their own service members. Platoon members horrified by conduct they witnessed testified against the defendants.

The White House styled the pardons as an exercise in mercy: a form of sovereign grace that has inspired Trump to issue many pardons over the past three years. (The White House said in a statement that the president is “ultimately responsible that the law is enforced, and when appropriate, that mercy is granted.”) But by issuing the pardons, Trump appears to have rejected the chivalric code of warfare and embraced an ethos of total war without legal restrictions.

The Pentagon recognizes that maintaining unit discipline, respect for rules of engagement and compliance with the law of war is important for protecting the United States. If the chivalric code breaks down, and legal restrictions evaporate, there will be no grounds for objection when U.S. service members and civilians fall victim to unrestrained killing and brutality. In total war, civilians on both sides always lose.

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Pompeo’s not going to be President

Pompeo’s not going to be President

by digby

Look who’s in this up to his neck in this thing:

Secretary of State Mike Pompeo spoke with Rudy Giuliani when deciding not to issue a statement in support of Ambassador Marie Yovanovitch, according to testimony from Undersecretary of State for Political Affairs David Hale released Monday evening.

Hale told the House Intelligence Committee in a Nov. 6 deposition that Pompeo ordered the State Department not to issue a statement in support on Yovanovitch in March 2019, as The Hill columnist John Solomon published a series of articles with trumped up claims against the then-sitting U.S. ambassador in Kyiv.

Hale added that Pompeo spoke with Giuliani as attacks against Yovanovitch continued, and the State Department maintained its silence after issuing an initial statement in support.

The diplomat also testified that Pompeo called Fox News host Sean Hannity as the conservative TV personality pushed narratives published by Solomon on his show.

“What the Secretary had consistently been saying, which is: If there are these allegations, I need to see what the evidence is,” Hale said, when asked to explain why he believed Pompeo called Hannity.

At one point, Hale testified that Yovanovitch was to be asked to issue a statement “reaffirm[ing] her loyalty, as the Ambassador and foreign service officer, to the President of the United States and the Constitution.”

“They were debating in her embassy whether she should do it on camera or a written statement,” Hale said. “I don’t know exactly who initiated that idea.”

The testimony adds to mounting questions about Pompeo’s role in the Ukraine pressure campaign. While Pompeo has so far avoided speaking to House impeachment investigators, a growing public record suggests that he was in contact early on with key players in the pressure campaign.

Hale also told lawmakers about the role of T. Ulrich Brechbuhl, a longtime Pompeo aide assigned the role of counselor of the State Department. In Hale’s telling, Pompeo asked Brechbul to “get in touch with Americans” thought to be involved in spreading negative information about Yovanovitch. The idea, Hale suggested, was to check out whether the allegations were accurate pending a statement in support.

“A statement would be on hold until such time as those conversations had been concluded,” the testimony reads.

Separate reporting has suggested that two recently indicted associates of Rudy Giuliani’s – Lev Parnas and Igor Fruman – played a role in disseminating attacks on Yovanovitch. But Hale did not name them in his testimony.

Brechbul purportedly received the order from Pompeo on March 26. Yovanovitch had sent an email on March 24 saying that the attacks had reached a fervor which was preventing her from doing her job.

Hale is the highest-ranked career foreign service officer in the State Department, and served as ambassador in three separate posts.

At one point, Hale said that he called Yovanovitch to get an “assessment of what was happening.”

From there, Hale recalled, Yovanovitch began to discuss potential motives for Giuliani.
“They seemed to focus on his business practices, his business connections in Ukraine, but she also mentioned the fact that the Mueller report had just come out,” Hale said.

He added that Yovanovitch believed Giuliani “might have an interest in reminding the public” about Hunter Biden’s involvement on the board of a Ukrainian gas company.

Trump is mad at Pompeo because he let all those state department employees testify. I’m not sure what he was supposed to do to muzzle them. I shudder to think.

Today, White House employees testified so I don’t know who he’ll blame for that. Nonetheless, Pompeo’s a player in this saga and I don’t think the Democrats will ever let him forget it.

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America’s Duterte

America’s Duterte

by digby

He is less dignified than Putin, Kim Jong Un or Xi Jinping. He speaks like an authoritarian thug in a third world Banana Republic. And that is now considered normal in America. His party supports him no matter what. Nobody really notices it anymore.

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Lie of the day

Lie of the day

by digby

There was a lot of lying by Republicans in the testimony today. But this, from the so-called White House press secretary, takes the cake:

White House press secretary Stephanie Grisham claimed on Tuesday that departing former aides to President Barack Obama left notes saying “you will fail” and “you aren’t going to make it” for the incoming staff of Donald Trump.

Former Obama aides quickly denied Grisham’s claim, reacting to a tweet from a CNN reporter that Grisham had said during an earlier radio interview, “Every office was filled with Obama books and we had notes left behind that said ‘you will fail,’ ‘you aren’t going to make it.'”

“This is another bald faced lie,” Obama’s national security adviser Susan Rice wrote on Twitter.

“This is an outrageous lie,” former senior director of the National Security Council Jon Wolfsthal tweeted. “I know. I handed over the nuclear office at the (National Security Council). Shameless and disgusting.”

Valerie Jarrett, a senior adviser to Obama, said Grisham should produce the notes. “I cannot imagine a single one of my former colleagues who would do this,” she said in a tweet.

Former Obama speechwriter Jon Favreau countered that his notes would have been more interesting.

The reason we know she’s lying is because they lie about everything and we know if it had happened it would have evoked a shrill, shrieking hysterical fit that would have hit the front pages of every newspaper in the country and would have been repeated on Fox News every single day since it happened.

And if there is a more fatuous press secretary in history, I’d like to know who it is. This is just pathetic:

Grisham clarified to NBC News that she didn’t mean to suggest that the notes were left in every White House office, only in a press area.

“I’m not sure where her office was, and I certainly wasn’t implying every office had that issue,” Grisham wrote, referring to Rice’s office. “In fact, I had a lovely note left for me in the East Wing, and I tracked the woman down and thanked her. I was talking specifically about our experience in the lower press office — nowhere else. I don’t know why everyone is so sensitive!”

They could have put a high school junior in charge of the White House press office and he or she would have been more mature and professional.

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