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Trump walks back sanctions against Russia, contradicting Nikki Haley - TODAY.com - 0 views

  • Trump walks back sanctions against Russia, contradicting Nikki Haley
  • President Trump is walking back plans to impose new economic sanctions against Russia announced Sunday by U.N. Ambassador Nikki Haley. The planned sanctions were an attempt to punish Russia for its support of Syrian President Bashar Assad after a chemical weapons attack earlier this month. {"1222314563954":{"mpxId":"1222314563954","canonical_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","canonicalUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","legacy_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","playerUrl":"https://www.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","ampPlayerUrl":"https://player.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","relatedLink":"","sentiment":"Positive","shortUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","description":"Daughter of former New York Gov. 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five years after her escape from the Cleveland home of Ariel Castro, who held her and two others captive for over a decade, Michelle Knight (now known as Lily Rose Lee) joins Megyn Kelly TODAY to talk about her ordeal and her new memoir, “Life After Darkness.” She talks about her recent marriage and her prospects for having a child.","title":"Cleveland kidnapping survivor Michelle Knight talks about new life, marriage","thumbnail":"https://media2.s-nbcnews.com/j/MSNBC/Components/Video/201804/tdy_mk_news_michelle_knight_180430.today-vid-rail.jpg","socialTitle":"Cleveland kidnapping survivor Michelle Knight talks about new life, marriage","seoHeadline":"Cleveland kidnapping survivor Michelle Knight talks about new life, 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  • Amid the historic developments formally ending the Korean War, North Korean leader Kim Jong Un has promised to close down a nuclear test site in May. NBC’s Keir Simmons reports for TODAY from London. {"1222314563954":{"mpxId":"1222314563954","canonical_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","canonicalUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","legacy_url":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","playerUrl":"https://www.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","ampPlayerUrl":"https://player.today.com/offsite/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","relatedLink":"","sentiment":"Positive","shortUrl":"https://www.today.com/video/how-author-allison-pataki-s-life-was-changed-by-her-husband-s-stroke-1222314563954","description":"Daughter of former New York Gov. 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  • North Korea to close down nuclear test site in May
Javier E

Magazine - Roberts's Rules - The Atlantic - 0 views

  • Roberts added that in some ways he considered his situation—overseeing a Court that is evenly divided on important issues—to be ideal. “You do need some fluidity in the middle, [if you are going] to develop a commitment to a different way of deciding things.” In other words, on a divided Court where neither camp can be confident that it will win in the most controversial cases, both sides have an incentive to work toward unanimity, to achieve a kind of bilateral disarmament.
  • Marshall’s example had taught him, Roberts said, that personal trust in the chief justice’s lack of an ideological agenda was very important, and Marshall’s ability to win this kind of trust inspired him
  • “If I’m sitting there telling people, ‘We should decide the case on this basis,’ and if [other justices] think, ‘That’s just Roberts trying to push some agenda again,’ they’re not likely to listen very often,” he observed.
  • ...6 more annotations...
  • Roberts said he intended to use his power to achieve as broad a consensus as possible. “It’s not my greatest power; it’s my only power,” he laughed. “Say someone is committed to broad consensus, and somebody else is just dead set on ‘My way or the highway. And I’ve got five votes, and that’s all I need.’ Well, you assign that [case] to the [consensus-minded] person, and it gives you a much better chance, out of the box, of getting some kind of consensus.”
  • He acknowledges that his undergraduate thesis at Harvard about the failure of the British Liberal Party in the Edwardian era may have reflected his early suspicion of the politics of personality. “My central thesis with respect to the Liberal Party was that they made a fatal mistake in investing too heavily in the personalities of Lloyd George and Churchill, as opposed to adopting a more broad-based reaction to the rise of Labour; that they were steadily fixated on the personalities.”
  • “You’re always trying to persuade people, obviously, as an advocate,” he said. “And I do find, I did find, that you can be generally more successful in persuading people, in arguing a case [when you] go in with something that you think has the possibility of getting seven votes rather than five. You don’t like going in thinking, ‘Here’s my pitch, and I’m honing it to get five votes.’ That’s a risky strategy,”
  • It is, whatever else, a fascinating personal psychology dynamic, to get nine different people with nine different views. It’s going to take some time,” he said. Some justices prefer arguments in writing, others are more receptive to personal appeals, and all react badly to heavy-handed orders. To lead such a strong-willed group requires the skills of an orchestra conductor, as Felix Frankfurter used to say—or of the extremely subtle and observant Supreme Court advocate that Roberts used to be.
  • Another reason for Rehnquist’s success as a chief justice, Roberts said, was his temperament—namely, that he knew who he was and had no inclination to change his views simply to court popularity. “That Scandinavian austerity and sense of fate and complication,” as Roberts put it, were important parts of Rehnquist’s character, as was his Lutheran faith. “It’s a significant and purposeful mode of worship to get up in the morning to do your job as best you can, to go to bed at night and not to worry too much about whether the best that you can do is good enough or not. And he didn’t: once a case was decided, it was decided, and if every editorial page in the country was going to trash it, he didn’t care.” Roberts said he associated Rehnquist with a certain midwestern stubbornness. “Anyone who clerked for him was familiar with him intoning the phrase, ‘Well, I’m just not going to do it.’” Here Roberts did a spot-on impersonation of Rehnquist’s deadpan drawl. “That meant that was the end of it, no matter how much you were going to try to persuade him. It wasn’t going to happen.”
  • “Politics are closely divided,” he observed. “The same with the Congress. There ought to be some sense of some stability, if the government is not going to polarize completely. It’s a high priority to keep any kind of partisan divide out of the judiciary as well.”
Javier E

Roberts's Rules - The Atlantic - 0 views

  • Roberts seemed frustrated by the degree to which the media focused on the handful of divisive cases rather than on the greater number of unanimous ones, and also by the degree to which some of his colleagues were acting more like law professors than members of a collegial Court.
  • “If the Court in Marshall’s era had issued decisions in important cases the way this Court has over the past thirty years, we would not have a Supreme Court today of the sort that we have,” he said. “That suggests that what the Court’s been doing over the past thirty years has been eroding, to some extent, the capital that Marshall built up.” Roberts added, “I think the Court is also ripe for a similar refocus on functioning as an institution, because if it doesn’t it’s going to lose its credibility and legitimacy as an institution.”
  • Roberts believes that Marshall’s temperament and worldview came from his experiences as a soldier at Valley Forge, where he developed a commitment to the success of the nation. “Some have speculated that the real root of Marshall’s ill feeling to Jefferson was that Jefferson was not at Valley Forge, was not in the fight, and had what Marshall might regard as a somewhat precious attachment to ideas for the sake of ideas, while Marshall was more personally invested in the success of the American experiment.
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  • Roberts said his decision to embrace Marshall’s vision was a reaction to “the personalization of judicial politics.”
  • Roberts praised justices who were willing to put the good of the Court above their own ideological agendas. “A justice is not like a law professor, who might say, ‘This is my theory … and this is what I’m going to be faithful to and consistent with,’ and in twenty years will look back and say, ‘I had a consistent theory of the First Amendment as applied to a particular area,’”
  • I think it’s bad, long-term, if people identify the rule of law with how individual justices vote.”
  • Instead of nine justices moving in nine separate directions, Roberts said, “it would be good to have a commitment on the part of the Court to acting as a Court, rather than being more concerned about the consistency and coherency of an individual judicial record.”
  • n Roberts’s view, the most successful chief justices help their colleagues speak with one voice. Unanimous, or nearly unanimous, decisions are hard to overturn and contribute to the stability of the law and the continuity of the Court; by contrast, closely divided, 5–4 decisions make it harder for the public to respect the Court as an impartial institution that transcends partisan politics.
  • “It’s sobering to think of the seventeen chief justices; certainly a solid majority of them have to be characterized as failures,” Roberts said with a rueful smile. “The successful ones are hard to number.”
  • “the chief’s ability to get the Court to do something is really quite restrained.
Javier E

The Mystery of John Roberts - NYTimes.com - 0 views

  • Steven M. Teles, a political scientist at Johns Hopkins University and author of the commendable “The Rise of the Conservative Legal Movement,” suggested in The Washington Monthly that Chief Justice Roberts was not comfortable with “sweeping uses of judicial power to limit government.” Professor Teles said that while the chief justice was “sympathetic” with his fellow conservatives, he “simply lacks the taste for the jugular that they have, either as a result of his role as chief justice or his prudential sense of how far it is reasona
  • Joel Alicea, in a smart post on the conservative Web site The Public Discourse, wrote that the health care decision revealed “a clash between two visions of judicial restraint and two eras of the conservative legal movement.” If Chief Justice Roberts, nearly a generation younger than Justices Scalia and Kennedy, in fact represents the old form of legal conservatism, in which the judicial role is to salvage statutes if possible rather than eviscerate them in the service of a bigger agenda, that’s a fascinating and highly consequential development.
  • Is John Roberts the new swing justice? I have strong doubts. The man is conservative to his bones. So the real question is what the word “conservative” means in 2012 and the decades ahead.
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  • “I mean, what would you do if you were Roberts? All of a sudden you find out that the people you thought were your friends have turned against you, they despise you, they mistreat you, they leak to the press. What do you do? Do you become more conservative? Or do you say, ‘What am I doing with this crowd of lunatics.’ Right? Maybe you have to reexamine your position.”
Javier E

The Enlightenment on Horseback | Standpoint - 0 views

  • does Napoleon deserve to be called Great? As Roberts concedes, the Revolutionary and Napoleonic wars cost a total of around three million military and one million civilian deaths. Of these, 1.4 million were French. For this Napoleon must share much of the responsibility. Roberts also accepts that naval warfare was an almost total blind spot for Napoleon. Even after Trafalgar, he remained convinced that he could build a fleet capable of invading Britain, wasting men, money and material on a doomed enterprise. To this we might add Napoleon's abandonment of his army in Egypt, the abduction and execution of the Duc d'Enghien, the reintroduction of slavery in French colonies in 1802, catastrophic defeat in Russia, and other similar blemishes to his reputation. And, of course, Napoleon ultimately brought France to her knees.
  • Roberts however is in no doubt that the epithet is deserved. A general at 24, Napoleon lost only seven of 60 battles fought. In 1814 he won four separate battles in five days. His capacity for decision-making and daring on the battlefield was extraordinary. If he did not invent new military strategies, he perfected them, using new formations and artillery to maximum effect. Like Napoleon himself, his superbly trained and disciplined armies moved fast, in one case covering 400 miles in 20 marching days. None of this would have been possible without the creation of a new military culture based on honour, patriotism and devotion to Napoleon's person.  Napoleon's military achievements, Roberts further contends, were matched and have been outlasted by his civil achievements. Having put an end to the violence of the Terror and the disorder of the Directory, Napoleon built upon and protected the best achievements of the 1789 Revolution: meritocracy, equality before the law, property rights, religious toleration, secular education, sound finances, and efficient administration. Napoleon, Roberts writes, was no totalitarian dictator but rather "the Enlightenment on horseback". Despite this rather disconcerting image, there is little here with which even the most stern of Napoleon's critics would disagree. For good or ill, he can justifiably lay claim to being the founder of modern France. Finally, there is the fascination aroused by the man himself. "For sheer intellectual capacity and its persistent application in government," Roberts concludes, "there has probably never been another ruler in history to match him."
Javier E

The Census Case Is About White Man's Government - The Atlantic - 0 views

  • Roberts didn’t call the Voting Rights Act a “racial entitlement.” Rather, he insisted that while he agreed with the law’s intentions—“any discrimination in voting is too much,” he wrote—close federal oversight of local election laws to prevent discrimination was no longer warranted. “Things have changed dramatically,” Roberts concluded. Shortly thereafter, Republican-controlled states moved as quickly as possible to impose restrictions on voting targeted at minority communities, as if determined to make Roberts look a fool or a liar.
  • The disparate approaches taken by two of the Court’s conservatives to the Voting Rights Act reflect the right’s dueling impulses toward civil-rights laws.
  • Where Scalia rejected the very effort to guarantee black people the same right to cast a ballot as white people as a “racial entitlement,” Roberts insisted that he agreed with the law’s underlying premises, but that the statute now did more harm than good.
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  • Lingering beneath the surface was a defining question for the American right: Does it agree with Roberts that “any discrimination in voting is too much”? Or with Scalia, who saw ensuring equal participation in the polity as a black “racial entitlement”?
  • Empirical studies of the impact of adding the question have determined that it would result in a dramatic undercount of Latinos and immigrants—exactly contrary to one of the Donald Trump administration’s stated rationales, that it would provide a more accurate count.
  • Scalia didn’t quite have it right: The fundamental question for American democracy since the founding has indeed been whether it is a “racial entitlement,” but only because of those who have tried for centuries to ensure that white people alone are entitled to it.
  • The Trump administration, and by extension, the conservative masses, are already on board
  • In other words, long before Trump was even elected, Republican Party insiders were plotting to increase white political power at the expense of people of color. After Trump was elected, they implemented this plan by insisting that their actual goal was the protection of minority voting rights. As with the Voting Rights Act, there was the real reason and the stated reason, the truth and the pretext. The nationalism, and the delusion.
  • Trumpism merely traveled a few stops down the road from where the Republican Party leadership had been. The risk with Trump was not that the GOP would become a vehicle for the preservation of white political and cultural hegemony; it was that he would discredit that project by making its agenda explicit, by saying, as Scalia did, the quiet part loud.
  • The census case does not hinge on whether the citizenship question is discriminatory. Rather, as a matter of administrative law, the executive branch must follow certain procedures before making decisions. The Trump administration’s blatant dishonesty settles the question of whether it followed procedure definitively: It did not.
  • The census case is not ultimately about administrative procedure; it is, more fundamentally, about whether the Trump administration can use the federal government for the explicit purpose of increasing white political power.
  • recent revelations in the census case will force the Roberts Court to decide whether America is a nation for all of its citizens, or a white man’s republic.
  • Even before William F. Buckley declared in 1957 that “the White community in the South is entitled to take such measures as are necessary to prevail, politically and culturally, in areas in which it does not predominate numerically,” the modern conservative movement has struggled to reconcile the ethno-nationalism that moves masses of its voters with the pluralism embodied in the notion that all persons are created equ
anonymous

Georgia's election law: How the Supreme Court laid the path - CNNPolitics - 0 views

shared by anonymous on 27 Mar 21 - No Cached
  • Georgia's voter restrictions were dashed into law Thursday by Republicans shaken over recent election losses and lies about fraud from former President Donald Trump, yet the measures also developed against a backdrop of US Supreme Court decisions hollowing out federal voting rights protection.
  • In another world, before the 2013 Shelby County v. Holder decision written by Chief Justice John Roberts, Georgia would have had to obtain federal approval for new election practices to ensure they did not harm Blacks and other minority voters.
  • And at another time, before the Roberts Court enhanced state latitude in a series of rulings, legislators might have hedged before enacting policies from new voter identification requirements, to a prohibition on third-party collection of ballots to a rule against non-poll workers providing food or water to voters waiting in lines. But the conservative court has increasingly granted states leeway over how they run elections.
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  • As the justices have turned away challenges to state policies, they have expressed sympathy for local officials who face potentially intrusive federal regulation and protracted litigation. Led by Roberts, the court has also dismissed concerns about the consequences for minority voters as it has curtailed the reach of the 1965 Voting Rights Act.
  • That case from Shelby County, Alabama, centered on a provision of the 1965 act that required states with a history of discrimination to seek approval from the Department of Justice or a federal court before changing electoral policy. By a 5-4 vote, the court invalidated the provision that still covered nine states, including Georgia.
  • The justices are now considering, in a recently argued Arizona case, the strength of a separate Voting Rights Act provision that prohibits any measure that denies someone the right to vote because of race. Unlike the "pre-clearance" provision previously in dispute, this section of the law comes into play after legislation has taken effect and puts the burden on those protesting the law to initiate a lawsuit.
  • Resolution of that Arizona case, known as Brnovich v. Democratic National Committee, will have repercussions for controversy over laws like Georgia's, which were immediately challenged Thursday night by advocates who say they will disproportionately hurt Blacks.
  • Across the country, Republican legislators have proposed voting changes that would reverse the pandemic-era steps that made it easier for people to vote last November, especially by mail, and led to record numbers of votes cast.
  • Congress passed the 1965 Voting Rights Act soon after the Bloody Sunday march in Selma, Alabama. The law reflected the reality of the time that although the Fifteenth Amendment barred racial bias in voting, Blacks were still deterred from casting ballots through poll taxes, literacy tests and other rules.
  • Roberts has also made clear that he abhors remedies tied to race, saying in a 2006 voting-rights case: "It is a sordid business, this divvying us up by race." Yet in the aftermath of the polarizing 2020 election, the country and the high court may be headed for a new chapter of voting-rights cases of a deeper partisan character, intensifying concerns about the future of the Voting Rights Act, as well as First Amendment guarantees of free speech and association.
  • Georgia's law, signed by Gov. Brian Kemp on Thursday, emerges from Republican efforts nationwide, particularly in battleground states that experienced record turnout and Democratic victories last November. Among its myriad provisions, the Georgia law imposes new voter identification requirements for absentee ballots and empowers state officials to take over local election boards.
  • The three voting rights groups that sued - the New Georgia Project, the Black Voters Matter Fund and Rise Inc. -- grounded their complaint in the Voting Rights Act and in the First and Fourteenth Amendments.
  • The challengers emphasized Georgia's history of racial discrimination. "(V)oting in Georgia is highly polarized, and the shameful legacy of racial discrimination is visible today in Georgia's housing, economic, and health disparities," they wrote, adding that the new law "interacts with these vestiges of discrimination" to deny equal opportunity in the political process. Lower federal court judges have struggled over the standard for assessing the denial of voting rights, and that dilemma is at the heart of the Supreme Court's new Arizona controversy.
  • In dispute are laws require ballots cast by people at the wrong precinct to be discarded and bar most third parties -- beyond a relative or mail carrier -- from collecting absentee ballots, for example, at a nursing home.
  • During oral arguments, Roberts and fellow conservatives focused on potential voter fraud and highlighted state authority for overseeing elections. Arizona officials argued that the measures would help prevent voter coercion and other irregularities, as the challengers contended that the new requirements would especially disenfranchise Native Americans and other minorities.
  • The high court's resolution of the Arizona controversy could have a dramatic impact on the raft of new legislation and ultimately how easy it is for minorities to register and vote. Resolution is expected by the end of June.
Javier E

National - Daniel Epps - In Health Care Ruling, Roberts Steals a Move From John Marshal... - 0 views

  • while the Chief Justice is taking a lot of heat from the right, the way he handled the case might actually turn out to be a brilliant strategic move -- one that could very well define his judicial career, and could actually be the optimal outcome for Republicans.
  • the president was ready for the Court to break right or break left. But instead, Chief Justice Roberts juked. He agreed with the challengers that the mandate couldn't be justified under the Commerce Clause or even the Necessary and Proper Clause -- thereby reinforcing the narrative that the Democratic Congress overreached in passing the bill. His opinion -- though not the result -- may provide much help in the future to judicial conservatives, as it suggests that, with the dissent, five justices are in favor of a more aggressive role for the Court in policing the bounds of the Commerce Clause (and the Spending Clause, which was at issue in the Medicaid legislation). And while Roberts ultimately voted to uphold the Act, he did so on a ground that, for Obama, plays terribly: that it's a tax.
Javier E

The Court Affirms Our Social Contract - The Atlantic - 0 views

  • the federal courts are the guardians of our Constitution. That is certainly true, but it not the whole story. In fact, the most important function of the federal courts is to legitimate state building by the political branches.
  • What is "state building?" Throughout our country's history, government has taken on many new functions. The early 19th century American state actually didn't do very much more than national defense and customs collection. The executive branch was tiny. Over the years, the federal government took on more and more obligations, offering new protections and new services for its citizens. After the Civil War, Congress passed a series of civil rights laws, it created the Interstate Commerce Commission to regulate railroads, it passed an income tax, and early in the twentieth century it created a central bank. State building really took off after the New Deal, which established the modern administrative and regulatory state and added a host of labor and consumer protection regulations, investments in infrastructure, and Social Security. The National Security State was born after World War II, and the 1960s brought new civil rights laws and new social welfare programs through the Great Society. At the turn of the 21st century, the federal government expanded its national security infrastructure even further, implementing vast new surveillance programs and strategies for dealing with terrorism
  • Whenever the federal government expands its capabilities, it changes the nature of the social compact. Sometimes the changes are small, but sometimes, as in the New Deal or the civil rights era, the changes are big. And when the changes are big, courts are called on to legitimate the changes and ensure that they are consistent with our ancient Constitution.
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  • The words "legitmate" and "ratify," however, are ambiguous terms. Courts do not simply rubber stamp what the political branches do. Rather, they set new ground rules. The government may do this as long as it doesn't do that. Legitimation is Janus-faced: it establishes what government can do by establishing what the government cannot do.
  • The real constitutional struggle begins in 1968, when Richard Nixon appointed four new conservative justices to the Court in his first term. These new justices accepted and ratified the changes of the 1960s, but also limited them in important ways. They made clear that the welfare state was constitutionally permissible but not constitutionally required, held that education was not a fundamental right, limited the use of busing to achieve racial integration, and halted the Warren Court's revolution in criminal procedure. The changes in social contract were ratified, but on more conservative terms.
  • Roberts held that the individual mandate could not be justified by Congress's power to regulate interstate commerce. If it was constitutional, it was only as a tax, which gave people a choice to purchase health insurance or pay a small penalty. As I have argued for many years, this is, in fact, the correct interpretation of what the mandate does. Once this point is accepted, the argument for the mandate's constitutionality is straightforward, and Roberts quickly showed why this was true.
  • Roberts' reasoning captures the dual nature of judicial legitimation. He has said to Congress: "You may compel people to enter into commercial transactions like the insurance mandate, but you may not do so as a direct order under the commerce power. Instead, you must do it through the taxing power, always giving people the choice to pay a tax instead. And as long as you structure the mandate as a tax, the people's rights are protected because they always have the right to throw their elected representatives out of office if they don't like the tax." Roberts' opinion thus harks back to a basic source of legitimacy enshrined in the American Revolution: "No taxation without representation."
  • the Medicaid extension. He argued that Congress may create new social programs that expand protection for the poor. But Congress may not tell states that they must accept the new programs or else lose all federal contributions to existing social programs of long standing. The federal government may, if it wants, totally fund the Medicaid extension out of its own pocket without any help from the states. It may abolish the old version of Medicaid and create a new version in its place identical to the expanded version. What it may not do, Roberts argued, is to leverage States' dependence on federal money in established social welfare programs to compel States to participate in new social welfare programs.
Javier E

Roberts, Leader of Supreme Court's Conservative Majority, Fights Perception That It Is ... - 0 views

  • he has taken Justice Kennedy’s place as the swing vote at the court’s ideological center, making him the most powerful chief justice in 80 years.But all of that new power comes at a dangerous time for the court, whose legitimacy depends on the public perception that it is not a partisan institution
  • Controlling the pace of change on a court whose conservative wing is eager to move fast will be the central problem of the next phase of Chief Justice Roberts’s tenure, said Daniel Epps, a law professor at Washington University in St. Louis.
  • “If he’s smart, and he is, what he’s probably thinking is, ‘I do have a substantive agenda of things I want to accomplish. But it’s a lot easier to do that when the court retains its legitimacy. Let’s do as much as we can get away with, but maybe that’s a little less than some of my colleagues to my right think we can get away with,’” Professor Epps said
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  • “One of the greatest crises facing the Supreme Court since Marbury v. Madison was F.D.R.’s court-packing plan,” Chief Justice Roberts said in 2015 at New York University, “and it fell to Hughes to guide a very unpopular Supreme Court through that high-noon showdown against America’s most popular president since George Washington.”
  • “There are things to learn from it,” he said, and he has seemed to apply those lessons to a series of clashes with Mr. Trump, who has attacked the very idea of judicial independence.
  • . He insisted, against the weight of substantial evidence, that “we do not have Obama judges or Trump judges, Bush judges or Clinton judges
  • Political science data refute that assertion, as do the fights over judicial confirmations. Indeed, the most recent battle, over Justice Kavanaugh, damaged the court’s reputation precisely because the court was portrayed as a political prize.
  • he must view the idea that judging is wholly separate from politics as a useful fiction, a worthy aspiration and, most important, crucial to the court’s standing.
  • The court’s other four Republican appointees — Justices Kavanaugh, Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — sent a different message not long after, all attending the annual gala dinner of the Federalist Society, the conservative legal group
  • court watchers could not recall a show of force like the one by their conservative colleagues in 2018.
  • Enthusiasm among conservatives for the chief justice has tempered since President George W. Bush nominated him in 2005. They point to his two votes to uphold President Barack Obama’s health care law and a leftward drift documented by political scientists
  • In the term that ended in June, for instance, Chief Justice Roberts’s voting record was almost indistinguishable from that of Justice Kennedy.
  • There is no question, however, that Chief Justice Roberts’s voting record has been generally conservative. On issues of racial discrimination, religion, voting and campaign finance, his views are squarely in the mainstream of conservative legal thinking.
  • He voted with five-justice majorities in District of Columbia v. Heller, the 2008 Second Amendment decision that established an individual right to own guns; Citizens United, the 2010 campaign finance decision that amplified the role of money in politics; and Shelby County v. Holder, the 2013 voting rights decision that effectively gutted the Voting Rights Act.
  • But by casting the decisive vote to save Mr. Obama’s signature legislative achievement, the Affordable Care Act, he transformed his reputation. Liberals hailed him as a statesman. Conservatives denounced him as a traitor.
  • Mr. Trump, years before he ran for president, was in the second group. “I guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,” he wrote on Twitter, citing a fake Twitter handle. During his presidential campaign, Mr. Trump called Chief Justice Roberts “an absolute disaster.”
  • “Moderation, not just in terms of ideological moderation but also humility, is kind of his thing,” he said. “He seems to write limited opinions. He doesn’t reach any further than he has to. He clearly distinguishes between what he is doing as a judge and what he might believe in terms of policy.”
  • The court will have to soon decide whether to hear two sets of cases concerning Trump administration initiatives to revoke protections for unauthorized immigrants brought to the United States as children and to bar transgender people from military service.
  • While Chief Justice Roberts may be inclined to avoid politically charged issues and quietly rebuild his court’s authority, it takes only four votes to add a case to its docket
malonema1

Trump walks back sanctions against Russia, contradicting Nikki Haley - TODAY.com - 0 views

  • Trump does deserve credit for North Korean talks, Chuck Todd says
  • Meet the Press Moderator joins Sunday TODAY’s Chuck Todd and says President Donald Trump deserves credit for helping create conditions to start talks of denuclearization with North Korea, but says some questions still loom. {"1222279235816":{"mpxId":"1222279235816","canonical_url":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","canonicalUrl":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","legacy_url":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","playerUrl":"https://www.today.com/offsite/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","ampPlayerUrl":"https://player.today.com/offsite/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","relatedLink":"","sentiment":"Neutral","shortUrl":"https://www.today.com/video/oregon-trucker-recounts-walking-36-miles-after-losing-his-way-1222279235816","description":"Jacob Cartwright, a truck driver in Oregon, accidentally plugged the wrong address into his GPS and wound up lost more than 100 miles out of his way. 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Javier E

What Naomi Wolf and Cokie Roberts teach us about the need for historians - The Washingt... - 0 views

  • First, journalist Naomi Wolf discovered on live radio that she had misinterpreted key historical terms in her new book, “Outrage,” leading her to draw the wrong conclusions. A week later, journalist Cokie Roberts, too, got a quick smackdow
  • Wolf and Roberts fell victim to a myth widely shared with the American public: that anyone can do history.
  • why would they imagine it takes any special training? After all, the best-selling history books are almost always written by non-historians, from conservative commentators like Bill O’Reilly to journalists like Wolf and Roberts.
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  • Freeman’s conversations tackled the topic of revisionism, or the public perception that any historian who offers new information or a new interpretation is instantly suspect (a common accusation on Twitter).
  • we ask journalists — and historians, too — to stretch themselves to become generalists, a system that prizes entertainment over substance and more to the point, dilutes the key contributions of historical training.
  • the ability of just about anyone to produce a historical podcast or to jump into a historical project can make it seem that anyone with enough enthusiasm can do historical scholarship — leaving us unclear about where expertise comes in.
  • historical understanding isn’t static any more than knowledge in any other field. We wouldn’t expect our doctors to convey the same information that our parents received from doctors decades ago. The same holds true for history.
  • Historians learn from one another and build on each other’s work to get an ever clearer, fuller picture of the past. And it is often this interplay that non-historians trying to write history miss
clairemann

Trump Says Robert E. Lee Would Have Won Afghanistan War - Rolling Stone - 0 views

  • Donald Trump would like us all to believe that the United States would have registered a “complete and total victory” in Afghanistan had its troops been led by … General Robert E. Lee.
  • Virginia Supreme Court last week ruled that the state could finally pull down a monument to a general who took part in a pro-slavery secession that cost the lives of hundreds of thousands.
  • “Our culture is being destroyed and our history and heritage, both good and bad, are being extinguished by the Radical Left.”
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  • “President Lincoln wanted Lee to command the North, in which case the war would have been over in one day [citation needed]. Robert E. Lee instead chose the other side because of his great love of Virginia [citation badly needed], and except for Gettysburg, would have won the war [infinite citations needed],” Trump wrote.
  • Trump’s statement, which his organization voluntarily emailed out, goes on with some bluster about the “disaster” of President Biden’s withdrawal of U.S. troops from Afghanistan, the execution of a deal that Trump negotiated with the Taliban before he was voted out of office.
  • And perhaps it’s not at all surprising that Trump thinks of Lee (0-1 lifetime in civil wars) as a surefire victor. Because if there’s one thing Trump has proven he struggles to understand, it’s who is a winner, and who is a loser.
Javier E

Opinion | If Democrats Win Back the House, They Will Have John Roberts to Thank - The N... - 0 views

  • Milligan, Wasserman continued, “could reverberate across the Deep South leading to the creation of new Black-majority, strongly Democratic seats in multiple states
  • If Democrats can gain five seats, it will critically affect the balance of power in Washington.
  • Nicholas Stephanopoulos, a law professor at Harvard and an expert on election law, wrote by email that Milligan is significant both substantively and politically:First, it means that Section 2 remains fully operative as a bulwark against racial vote dilution; second, it signals to conservative lower courts that they need to rule in favor of plaintiffs on facts like those in Milligan; third, it takes off the table arguments that Section 2 must be narrowly construed to avoid constitutional problems; and fourth, if Section 2 is constitutional, so should be other laws targeting racial disparities.
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  • it comes at a time when “a confluence of at least four political and technological developments will make its practical effect significant.”
  • First, technological advances, as used in the Milligan case, make it easier to find new V.R.A. districts that can be reasonably configured.
  • Second, minority-preferred candidates can win with lower minority voting-age populations (falling from estimates as high as 65 percent in the 1990s to below 45 percent now), which means more minority voters are available to create additional V.R.A. districts.
  • Third, the private bar has become extremely well resourced to pursue these cases.
  • Fourth, the debates over partisan gerrymandering in the last decade brought many new strong social scientists into this area, in which expert analysis of maps and voting patterns plays a critical role.
  • John Roberts’s majority opinion is particularly important because it rejects the argument that race-based remedial districting is unconstitutional:Alabama further argues that, even if the Fifteenth Amendment authorizes the effects test of section 2, that Amendment does not authorize race-based redistricting as a remedy for section 2 violations. But for the last four decades, this Court and the lower federal courts have repeatedly applied the effects test of section 2 as interpreted in Gingles and, under certain circumstances, have authorized race-based redistricting as a remedy for state districting maps that violate section 2.In that context, Roberts continued, “we are not persuaded by Alabama’s arguments that section 2 as interpreted in Gingles exceeds the remedial authority of Congress.”
  • My best guess is that Roberts and Kavanaugh thought it best to proceed cautiously and bide their time. The court as an institution can only take so many bombshells at a time. The issue will come back to the court soon enough.
  • But, Tribe continued, “Allen v. Milligan remains highly significant as an essential reminder that the court doesn’t exist in an isolation booth, unaffected by public reactions to its decisions that venture too far from the mainstream of legal and social thought.”
  • Roberts and Kavanaugh, in Tribe’s view, chose not to press the case against race-based redistricting in part because of “the controversy unleashed by the court in its shattering abortion ruling in Dobbs last June, coupled with other unrestrained shocks to the system delivered by the court in the landmark cases involving guns and climate change, and aggravated by the ethical stench swirling about the court as a result of improprieties.”
  • These developments, Tribe continued, “almost certainly had an impact, however subconscious, on the chief justice and on Justice Kavanaugh, who has increasingly sought to distance himself from the hard right.”
Javier E

John Roberts, the Umpire in Chief - The New York Times - 0 views

  • The Roberts-Scalia debate is part of a longstanding argument about how judges should interpret laws passed by Congress.
  • the chief justice embraces an approach called “purposivism,” while Justice Scalia prefers “textualism.”
  • In Judge Katzmann’s account, purposivism has been the approach favored for most of American history by conservative and liberal judges, senators, and representatives, as well as administrative agencies. Purposivism holds that judges shouldn’t confine themselves to the words of a law but should try to discern Congress’s broader purposes.
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  • In the 1980s, when he was a lower court judge, Justice Scalia began to champion a competing view of statutory interpretation, textualism, which holds that judges should confine themselves to interpreting the words that Congress chose without trying to discern Congress’s broader purposes.
  • Textualism, in this view, promises to constrain judicial activism by preventing judges from roving through legislative history in search of evidence that supports their own policy preferences. But in the view of its critics, like Chief Judge Katzmann, textualism “increases the probability that a judge will construe a law in a manner that the legislators did not intend.”
  • Judge Katzmann, who was appointed by President Bill Clinton, also accuses Justice Scalia of inconsistency for consulting the intent of the framers in the case of constitutional interpretation but not statutory interpretation.
  • The chief justice’s embrace of bipartisan judicial restraint in the second Affordable Care Act case was consistent with his embrace of the same philosophy in the first Affordable Care Act case in 2012, where he quoted one of his heroes, Justice Oliver Wendell Holmes Jr: “The rule is settled that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the Act.”
  • Chief Justice Roberts was not, as Justice Scalia charged, rewriting the law. Instead he was advancing the view that he championed soon after his confirmation: In a polarized age, it is important for the Supreme Court to maintain its institutional legitimacy by deferring to the political branches.
  • Chief Justice Roberts’s relatively consistent embrace of judicial deference to democratic decisions supports his statement during his confirmation hearings that judges should be like umpires calling “balls and strikes.” As he put it then: “Umpires don’t make the rules, they apply them. The role of an umpire and a judge is critical. They make sure everybody plays by the rules, but it is a limited role. Nobody ever went to a ballgame to see the umpire.”
Javier E

The Making of the Fox News White House | The New Yorker - 0 views

  • Fox—which, as the most watched cable news network, generates about $2.7 billion a year for its parent company, 21st Century Fox—acts as a force multiplier for Trump, solidifying his hold over the Republican Party and intensifying his support. “Fox is not just taking the temperature of the base—it’s raising the temperature,” she says. “It’s a radicalization model.”
  • The White House and Fox interact so seamlessly that it can be hard to determine, during a particular news cycle, which one is following the other’s lead. All day long, Trump retweets claims made on the network; his press secretary, Sarah Sanders, has largely stopped holding press conferences, but she has made some thirty appearances on such shows as “Fox & Friends” and “Hannity.” Trump, Hemmer says, has “almost become a programmer.”
  • Bill Kristol, who was a paid contributor to Fox News until 2012 and is a prominent Never Trumper, said of the network, “It’s changed a lot. Before, it was conservative, but it wasn’t crazy. Now it’s just propaganda.”
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  • Joe Peyronnin, a professor of journalism at N.Y.U., was an early president of Fox News, in the mid-nineties. “I’ve never seen anything like it before,” he says of Fox. “It’s as if the President had his own press organization. It’s not healthy.”
  • Kristol contends that Shine’s White House appointment is a scandal. “It’s been wildly under-covered,” he said. “It’s astounding that Shine—the guy who covered up Ailes’s horrible behavior—is the deputy chief of staff!”
  • Jennifer Rubin, another conservative Never Trumper, used to appear on the network, but wouldn’t do so now. “Fox was begun as a good-faith effort to counter bias, but it’s morphed into something that is not even news,” she says. “It’s simply a mouthpiece for the President, repeating what the President says, no matter how false or contradictory.
  • Sean Hannity has told colleagues that he speaks to the President virtually every night, after his show ends, at 10 P.M. According to the Washington Post, White House advisers have taken to calling Hannity the Shadow Chief of Staff. A Republican political expert who has a paid contract with Fox News told me that Hannity has essentially become a “West Wing adviser,” attributing this development, in part, to the “utter breakdown of any normal decision-making in the White House.” The expert added, “The place has gone off the rails. There is no ordinary policy-development system.” As a result, he said, Fox’s on-air personalities “are filling the vacuum.”
  • Trump has told confidants that he has ranked the loyalty of many reporters, on a scale of 1 to 10. Bret Baier, Fox News’ chief political anchor, is a 6; Hannity a solid 10. Steve Doocy, the co-host of “Fox & Friends,” is so adoring that Trump gives him a 12.
  • Kushner now has an almost filial status with Murdoch, who turns eighty-eight this month, and numerous sources told me that they communicate frequently. “Like, every day,” one said.
  • Ailes told Murdoch, “Trump gets great ratings, but if you’re not careful he’s going to end up totally controlling Fox News.”
  • In private, Murdoch regarded Trump with disdain, seeing him as a real-estate huckster and a shady casino operator. But, for all their differences, the two men had key traits in common. They both inherited and expanded family enterprises—an Australian newspaper; an outer-borough New York City real-estate firm—but felt looked down upon by people who were richer and closer to the centers of power.
  • both men have tapped into anti-élitist resentment to connect with the public and to increase their fortunes. Trump and Murdoch also share a transactional approach to politics, devoid of almost any ideology besides self-interest.
  • In 1994, Murdoch laid out an audacious plan to Reed Hundt, the chairman of the Federal Communications Commission under President Bill Clinton
  • Murdoch led him outside to take in the glittering view of the Los Angeles Basin, and confided that he planned to launch a radical new television network. Unlike the three established networks, which vied for the same centrist viewers, his creation would follow the unapologetically lowbrow model of the tabloids that he published in Australia and England, and appeal to a narrow audience that would be entirely his. His core viewers, he said, would be football fans; with this aim in mind, he had just bought the rights to broadcast N.F.L. games. Hundt told me, “What he was really saying was that he was going after a working-class audience. He was going to carve out a base—what would become the Trump base.
  • he had entered our country and was saying, ‘I’m going to break up the three-party oligopoly that has governed the most important medium of communication for politics and policy in this country since the Second World War.’ It was like a scene from ‘Faust.’ What came to mind was Mephistopheles.”
  • “Fox’s great insight wasn’t necessarily that there was a great desire for a conservative point of view.” More erudite conservatives, he says, such as William F. Buckley, Jr., and Bill Kristol, couldn’t have succeeded as Fox has. Levin observes, “The genius was seeing that there’s an attraction to fear-based, anger-based politics that has to do with class and race.”
  • In 1996, Murdoch hired Roger Ailes to create a conservative TV news outlet. Ailes, who died in 2017, was a master of attack politics and wedge issues, having been a media consultant on several of America’s dirtiest and most divisive campaigns, including those of Richard Nixon. Ailes invented programming, Levin argues, “that confirmed all your worst instincts—Fox News’ fundamental business model is driving fear.
  • As Hundt sees it, “Murdoch didn’t invent Trump, but he invented the audience. Murdoch was going to make a Trump exist. Then Trump comes along, sees all these people, and says, ‘I’ll be the ringmaster in your circus!’ ”
  • Until then, the network had largely mocked birtherism as a conspiracy theory. O’Reilly called its promoters “unhinged,” and Glenn Beck, who at the time also hosted a Fox show, called them “idiots.” But Trump gave birtherism national exposure, and, in a sign of things to come, Hannity fanned the flames. Hannity began saying that, although he thought that Obama had been born in the United States, the circumstances surrounding his birth certificate were “odd.”
  • In certain instances, however, Fox executives enforced journalistic limits.
  • Such niceties no longer apply. In November, Hannity joined Trump onstage at a climactic rally for the midterm elections. Afterward, Fox issued a limp statement saying that it didn’t “condone any talent participating in campaign events” and that the “unfortunate distraction” had “been addressed.”
  • For all of Ailes’s faults, Van Susteren argues, he exerted a modicum of restraint. She believes that he would have insisted on at least some distance from President Trump, if only to preserve the appearance of journalistic respectability embodied in the motto Ailes devised for Fox: “Fair and Balanced.
  • Fox News was hardly fair and balanced under his leadership. Gabriel Sherman, in his biography, “The Loudest Voice in the Room,” reports that Ailes was so obsessed with bringing down Obama in 2012 that he declared to colleagues, “I want to elect the next President.”
  • Don’t kid yourself about his support for immigration,” she said of Murdoch. “Rupert is first about the bottom line. They’re all going out to play to their crowd, whether it’s Fox or MSNBC.” (After leaving Fox, Van Susteren was for a short time a host on MSNBC.) Fox’s mile-by-mile coverage of the so-called “migrant caravan” was an enormous hit: ratings in October, 2018, exceeded those of October, 2016—the height of the Presidential campaign.
  • Ailes and Trump were friendly. “They spoke all the time,” a former Fox executive says. They had lunch shortly before Trump announced his candidacy, and Ailes gave Trump political tips during the primaries. Ken LaCorte contends that Ailes took note of “Trump’s crazy behavior”; but Trump’s growing political strength was also obvious. According to the former Fox executive, Trump made Ailes “nervous”: “He thought Trump was a wild card. Someone Ailes could not bully or intimidate.”
  • in 2016 that the network’s executives “made a business decision” to give on-air stars “slack” to choose their candidates. Hannity was an early Trump supporter; O’Reilly was neutral; Megyn Kelly remained skeptical
  • Kelly kept pressing Trump: “You once told a contestant on ‘Celebrity Apprentice’ it would be a pretty picture to see her on her knees. Does that sound to you like the temperament of a man we should elect President?” But he’d already won over Republican viewers. (Fox received a flood of e-mails, almost all of them anti-Kelly.) The showdown helped shape Trump’s image as shamelessly unsinkable.
  • Fox, however, may have given Trump a little help. A pair of Fox insiders and a source close to Trump believe that Ailes informed the Trump campaign about Kelly’s question. Two of those sources say that they know of the tipoff from a purported eyewitness. In addition, a former Trump campaign aide says that a Fox contact gave him advance notice of a different debate question, which asked the candidates whether they would support the Republican nominee, regardless of who won. The former aide says that the heads-up was passed on to Trump, who was the only candidate who said that he wouldn’t automatically support the Party’s nominee—a position that burnished his image as an outsider.
  • Ailes, meanwhile, joined Trump’s debate team, further erasing the line between Fox and conservative politicians. Ailes also began developing a plan to go into business with Trump. The Sunday before the election, Ailes called Steve Bannon, Trump’s campaign chairman, and said that he’d been talking with Trump about launching Trump TV, a nationalist competitor to Fox. Ailes was so excited that he was willing to forfeit his severance payment from Fox, which was attached to a non-compete agreement. He asked Bannon to join the venture and to start planning it as soon as Trump lost the election.
  • Any hopes that Fox would clean house after Ailes’s departure vanished on August 12, 2016, when Fox named two Ailes loyalists as co-presidents: Jack Abernethy, an executive who managed Fox’s local stations, and Bill Shine. The opinion side of Fox News, which Shine had run, had won out, as had his friend Sean Hannity.
  • For years, Ailes had been the focus of liberal complaints, and so when Fox pushed him out many people thought that the channel would change. They were right. The problem, Fox’s critics say, is that it’s become a platform for Trump’s authoritarianism. “I know Roger Ailes was reviled,” Charlie Black, the lobbyist, said. “But he did produce debates of both sides. Now Fox is just Trump, Trump, Trump.” Murdoch may find this development untroubling: in 1995, he told this magazine, “The truth is—and we Americans don’t like to admit it—that authoritarian societies can work.
  • News of Trump’s payoffs to silence Daniels, and Cohen’s criminal attempts to conceal them as legal fees, remained unknown to the public until the Wall Street Journal broke the story, a year after Trump became President.
  • Murdoch “was gone a lot,” adding, “He’s old. He likes the idea that he’s running it, but the lunatics took over the asylum.”
  • Falzone’s story didn’t run—it kept being passed off from one editor to the next. After getting one noncommittal answer after another from her editors, Falzone at last heard from LaCorte, who was then the head of FoxNews.com. Falzone told colleagues that LaCorte said to her, “Good reporting, kiddo. But Rupert wants Donald Trump to win. So just let it go.” LaCorte denies telling Falzone this, but one of Falzone’s colleagues confirms having heard her account at the time.
  • ” The celebrity opinion-show hosts who drive the ratings became unbridled and unopposed. Hannity, as the network’s highest-rated and highest-paid star, was especially empowered—and, with him, so was Trump.
  • Richie told me, “Fox News was culpable. I voted for Trump, and I like Fox, but they did their own ‘catch and kill’ on the story to protect him.” He said that he’d worked closely with Falzone on the article, and that “she did her homework—she had it.” He says he warned her that Fox would never run it, but “when they killed it she was devastated.” Richie believes that the story “would have swayed the election.
  • Shine became “an expert in collecting and enforcing soft power,” adding, “He was responsible for on-air contributors to programs, so ultimately you were auditioning for Bill Shine. He was the one who would give you the lucrative contract. He controlled the narrative that way.
  • some people at Fox called him Bill the Butler, because he was so subservient to Ailes. A former Fox co-host says, “He’s perfect for the White House job. He’s a yes-man.” Another Fox alumnus said, “His only talent was following orders, sucking up to power, and covering up for people.”
  • Ailes and a small group kept a close eye on internal talent. “We had a file on pretty much everyone,” the former Fox executive said, adding that Ailes talked about “putting hits” in the media on anyone who “got out of line.”
  • If a woman complained about being sexually harassed, he said, Shine or other supervisors intimidated her into silence, reduced her air time, or discontinued her contract. The former executive recalls, “Shine would talk to the woman with a velvet glove, saying, ‘Don’t worry about it’—and, if that didn’t work, he’d warn her it would ruin her career.”
  • Judd Burstein, an attorney whose client was interviewed by prosecutors, told me, “I don’t think someone can be a serial sexual abuser in a large organization without enablers like Shine.”
  • Two months after Shine left Fox, Hannity became a matchmaker, arranging a dinner with the President at the White House, attended by himself, Shine, and Scaramucci, at that time Trump’s communications director. Hannity proposed Shine as a top communications official, or even as a deputy chief of staff. A year later, Shine was both.
  • Murdoch appears to have been wise in securing a rapprochement. Telecommunications is a highly regulated industry, and under Trump the government has consistently furthered Murdoch’s business interests, to the detriment of his rivals. Hundt, the former F.C.C. chairman, told me that “there have been three moves that have taken place in the regulatory and antitrust world” involving telecommunications “that are extremely unusual, and the only way to explain them is that they’re pro-Fox, pro-Fox, and pro-Fox.”
  • Last June, after only six months of deliberation, the Trump Administration approved Fox’s bid to sell most of its entertainment assets to Disney, for seventy-one billion dollars. The Murdoch family will receive more than two billion dollars in the deal, and will become a major stockholder in the combined company
  • In July, the F.C.C. blocked Sinclair Broadcast Group, a conservative rival to Fox, from combining with the Tribune Media Company. The F.C.C. argued that the deal would violate limits on the number of TV stations one entity can own, upending Sinclair’s hope of becoming the next Fox.
  • The Justice Department, meanwhile, went to court in an effort to stop A. T. & T.’s acquisition of Time Warner, which owns CNN
  • “There may be innocent explanations.” But, he adds, “Trump famously said you’re going to get sick and tired of winning, and that may not be true for the rest of America, but it sure is true of Murdoch.” He says of Murdoch, “He’s an incredibly cunning political player. He leaves no fingerprints. He’s been in the game of influencing government behavior to his benefit longer than most of us have been alive.”
  • Ann Coulter, who has been feuding with Trump over his immigration policy, said that the President told her that “Murdoch calls me every day.” She recalled that, “back when Trump was still speaking to me,” she complained to him that Fox was no longer inviting her to appear. She said that Trump told her, “Do you want me to call Murdoch and tell him to put you on?” Coulter accepted Trump’s offer. He may have called Hannity, not Murdoch, she says, but in any case she was invited back on Fox “within twelve hours.”
  • “Fox’s most important role since the election has been to keep Trump supporters in line.” The network has provided a non-stop counternarrative in which the only collusion is between Hillary Clinton and Russia; Robert Mueller, the special counsel, is perpetrating a “coup” by the “deep state”; Trump and his associates aren’t corrupt, but America’s law-enforcement officials and courts are; illegal immigration isn’t at a fifteen-year low, it’s “an invasion”; and news organizations that offer different perspectives are “enemies of the American people.”
  • Benkler’s assessment is based on an analysis of millions of American news stories that he and two co-authors, Robert Faris and Hal Roberts, undertook for their 2018 book, “Network Propaganda: Manipulation, Disinformation and Radicalization in American Politics.” Benkler told me that he and his co-authors had expected to find “symmetric polarization” in the left-leaning and the right-leaning media outlets. Instead, they discovered that the two poles of America’s media ecosystem function very differently. “It’s not the right versus the left,” Benkler says. “It’s the right versus the rest.”
  • Most American news outlets try to adhere to facts. When something proves erroneous, they run corrections, or, as Benkler and his co-authors write, “they check each other.” Far-left Web sites post as many bogus stories as far-right ones do, but mainstream and liberal news organizations tend to ignore suspiciously extreme material.
  • Conservative media outlets, however, focus more intently on confirming their audience’s biases, and are much more susceptible to disinformation, propaganda, and outright falsehoods (as judged by neutral fact-checking organizations such as PolitiFact). Case studies conducted by the authors show that lies and distortions on the right spread easily from extremist Web sites to mass-media outlets such as Fox, and only occasionally get corrected
  • Sometimes such pushback has a salutary effect. Recently, Chris Wallace told Sarah Sanders that her claim that “nearly four thousand known or suspected terrorists come into our country illegally” every year was wildly inaccurate. Showing Fox’s clout, the White House has dropped the talking point.
  • Unlike Glenn Beck, Hannity has been allowed to spew baseless conspiracy theories with impunity. For more than a year, Hannity and other hosts spread the lie that the hacking of Democratic Party e-mails during the 2016 campaign was an inside job. Hannity claimed that the hacking had been committed not by Russian cyber-warfare agents, as the U.S. intelligence community concluded, but by a Democratic staffer named Seth Rich, who had been murdered by unknown assailants on a D.C. street. Benkler and his co-authors studied Fox’s coverage, and found that not only did the channel give the Seth Rich lie a national platform; it also used the conspiracy story as a distraction, deploying it as a competing narrative when developments in Mueller’s investigation showed Trump in a bad light. In 2017, after Rich’s parents demanded an apology and advertisers began shunning the network, Fox finally ran a retraction, and Hannity dropped the story.
  • By then, Fox hosts had begun pushing a different conspiracy: the “Uranium One” story, which Hannity called “the biggest scandal ever involving Russia.” On an October, 2017, broadcast, Hannity claimed that Hillary Clinton, when she was Secretary of State, had given “to Vladimir Putin and Russia twenty per cent of America’s uranium, which is the foundational material to make nuclear weapons.” Ostensibly, the deal was in exchange for giant payments to the Clinton Foundation. Hannity also claimed that “the corrupt, lying mainstream media” was withholding this “bombshell” from Americans, because it was “complicit” in a “huge coverup.”
  • other reporting had poked holes in it, revealing that multiple government agencies had approved the deal, and that the quantity of uranium was insignificant. Yet Fox kept flogging it as the real national-security scandal involving Russia.
  • Alisyn Camerota was a co-host on “Fox & Friends” for years before joining CNN, in 2014
  •  ‘Fox & Friends’ was a fun show, but it was not a news show,” she says. “It regularly broke the rules of journalism. It was basically Roger’s id on TV. He’d wake up in the morning with some bee in his bonnet, spout it off to Bill Shine, and Shine would tell us to put it on TV.” She says that the show’s producers would “cull far-right, crackpot Web sites” for content, and adds, “Never did I hear anyone worry about getting a second source. The single phrase I heard over and over was ‘This is going to outrage the audience!’ You inflame the viewers so that no one will turn away. Those were the standards.”
  • Fox co-host Kimberly Guilfoyle often prepared for “The Five” by relying on information provided to her by an avid fan: a viewer from Georgia named David Townsend, who had no affiliation either with Fox News or with journalism.
  • Aki Peritz, a former C.I.A. analyst who is an adjunct professor at American University, has written that Fox News has become an inviting target for foreign spy agencies, because “it’s what the President sees.
  • a source who spoke to me about Guilfoyle and Townsend says, “It’s even worse than a conspiracy of the dark Web, or something trying to manipulate Fox. It was just a guy in his underwear in Georgia who had influence over Fox News! And Fox News influences the President!”
  • Judging from the timing of Trump’s tweets, Gertz believes that the President records “Fox & Friends” and views it from the beginning, often with a slight delay. As Trump watches, he frequently posts about points that he agrees with. Since August, 2018, Media Matters has tallied more than two hundred instances of Trump disseminating Fox News items to his fifty-eight million Twitter followers. “Trump serves as a carnival barker for Fox,” Levin says, giving invaluable promotional help to the channel.
  • Fox hosts sometimes reverse their opinions in order to toe the Trump line: Hannity, who in the Obama era called negotiations with North Korea “disturbing,” now calls such efforts a “huge foreign-policy win.” But Gertz has come to believe that Fox drives Trump more than Trump drives Fo
  • White House aides confirm that Trump has repeatedly walked away from compromises at the last moment because Fox hosts and guests opposed the deals.
  • According to a Senate staffer, one high-profile Republican senator claims that his preferred way of getting the President’s ear is by going on Fox. He calls a friendly host and offers to appear on the air; usually, before he’s taken his makeup off in the greenroom Trump is calling him
  • Fox hosts played a key part in driving Trump’s recent shutdown of the government and his declaration of a national emergency on the southern border. Hannity and Dobbs urged Trump nightly on their shows to make these moves; according to press reports, they also advised Trump personally to do so.
  • For the next thirty-five days, Hannity and the other Fox hosts kept cheering Trump on, even as polls showed that the American public was increasingly opposed to the shutdown. Oliver Darcy, of CNN, says that Democrats, rather than negotiating with Trump, “might as well call Sean Hannity and get him on the phone,” adding, “It seems we sort of elected Sean Hannity when we elected Trump.”
  • “The President’s world view is being specifically shaped by what he sees on Fox News, but Fox’s goals are ratings and money, which they get by maximizing rage. It’s not a message that is going to serve the rest of the country.
  • Trump and Fox are employing the same risky model: inflaming the base and intensifying its support, rather than building a broader coalition. Narrowcasting may generate billions of dollars for a cable channel, but as a governing strategy it inevitably alienates the majority. The problem for Trump, as one former Fox host puts it, is that “he can’t afford to lose Fox, because it’s all he’s got.”
  • Similarly, Fox has a financial incentive to make Trump look good. Cable ratings at both Fox and MSNBC dip when the news is bad for their audience’s side. Van Susteren likens the phenomenon to audiences turning away when their sports team is losing
  • A source close to Trump says that the President has been complaining that Shine hasn’t been aggressive enough. Late last year, Trump told the source, “Shine promised me my press coverage would get better, but it’s gotten worse.” The source says, “Trump thought he was getting Roger Ailes but instead he got Roger Ailes’s gofer.”
  • Shine has practically ended White House press briefings. Trump prefers to be his own spokesman. “He always thought he did it the best,” a former senior White House official says. “But the problem is that you lose deniability. It’s become a trapeze act with no net, 24/7. The shutdown messaging was a crisis. There was no exit strategy.”
  • “It was always clear that this wasn’t just another news organization,” Rosenberg told me. “But when Ailes departed, and Trump was elected, the network changed. They became more combative, and started treating me like an enemy, not an opponent.” With Shine joining Trump at the White House, he said, “it’s as if the on-air talent at Fox now have two masters—the White House and the audience.” In his view, the network has grown so allied with the White House in the demonization of Trump’s critics that “Fox is no longer conservative—it’s anti-democratic.”
  • For two years, the network has been priming its viewers to respond with extraordinary anger should the country’s law-enforcement authorities close in on the President. According to Media Matters, in the first year after Mueller was appointed Hannity alone aired four hundred and eighty-six segments attacking the federal criminal investigation into Russian interference in the 2016 election; thirty-eight per cent of those segments claimed that law-enforcement officials had broken the law.
  • Hannity has spoken of “a coup,” and a guest on Laura Ingraham’s program, the lawyer Joseph diGenova, declared, “It’s going to be total war. And, as I say to my friends, I do two things—I vote and I buy guns.”
  • “In a hypothetical world without Fox News, if President Trump were to be hit hard by the Mueller report, it would be the end of him. But, with Fox News covering his back with the Republican base, he has a fighting chance, because he has something no other President in American history has ever had at his disposal—a servile propaganda operation.”
Javier E

Robert Kagan on why Americans don't want the US to be the leader of the free world by W... - 0 views

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    Foreign policy expert Robert Kagan discusses our nation's retreat from its international responsibilities under President Trump and why it could mean the end of the world order America created after WWII.
izzerios

Special counsel appointed in Russia probe - CNNPolitics.com - 0 views

shared by izzerios on 18 May 17 - No Cached
  • Justice Department on Wednesday appointed former FBI Director Robert Mueller as special counsel to oversee the federal investigation into Russian interference in the 2016 election
  • Deputy Attorney General Rod Rosenstein appointed Mueller to the position in a letter obtained by CNN. Attorney General Jeff Sessions previously recused himself from any involvement in the Russia investigation due to his role as a prominent campaign adviser and surrogate.
  • Mueller's appointment aims to quell the wave of criticism that Trump and his administration have faced since Trump fired FBI Director James Comey
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  • "As I have stated many times, a thorough investigation will confirm what we already know -- there was no collusion between my campaign and any foreign entity. I look forward to this matter concluding quickly
  • "I think it was the right thing to do and I believe they saw it as the right thing to do otherwise they're going to have a fight and it's not worth the fight,"
  • Demands intensified from Democrats on Capitol Hill for the Justice Department to appoint a special counsel or prosecutor to oversee the case. Republicans on Tuesday night began to join those calls
  • "There's, frankly, no need for a special prosecutor. We've discussed this before," Spicer told reporters. "You have two Senate committees that are looking into this, the FBI is conducting their own review
  • Trump has called the FBI investigation into Russia a "hoax" and "taxpayer funded charade."
  • He added, "This is the single greatest witch hunt of a politician in American history!"
  • Attorney General John Ashcroft to reauthorize a warrantless domestic surveillance program that the Justice Department had ruled illegal, Mueller and Comey rushed to the hospital to prevent the Bush officials from taking advantage of Ashcroft.
  • Rosenstein said he believes a special counsel "is necessary in order for the American people to have full confidence in the outcome."
  • "In my capacity as acting attorney general, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter," Rosenstein said
  • "What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command," Rosenstein
  • Mueller was appointed FBI Director by President George W. Bush in 2001 and served until 2013
johnsonel7

Impeachment Trial Looming, Chief Justice Reflects on Judicial Independence - The New Yo... - 0 views

  • WASHINGTON — As Chief Justice John G. Roberts Jr. prepares to preside over the impeachment trial of President Trump, he issued pointed remarks on Tuesday in his year-end report on the state of the federal judiciary that seemed to be addressed, at least in part, to the president himself.
  • “We should reflect on our duty to judge without fear or favor, deciding each matter with humility, integrity and dispatch,” he wrote in the report. “As the new year begins, and we turn to the tasks before us, we should each resolve to do our best to maintain the public’s trust that we are faithfully discharging our solemn obligation to equal justice under law.”
  • “ultimately succeeded in convincing the public of the virtues of the principles embodied in the Constitution.”“Those principles leave no place for mob violence,” the chief justice wrote.
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  • “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Chief Justice Roberts said in a statement. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for.”Mr. Trump took issue with the chief justice’s statement on Twitter. “Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’” Mr. Trump wrote
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Roberts, Kavanaugh appear skeptical of striking down Obamacare at Supreme Court: "Not o... - 0 views

  • The Supreme Court wrestled Tuesday
  • with the future of the 2010 landmark health care law championed by Democrats and attacked by Republicans
  • two justices on the conservative wing of the bench expressing skepticism toward arguments the Affordable Care Act should be struck down in its entirety.
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  • Chief Justice John Roberts and Justice Brett Kavanaugh, one of the three justices on the court appointed by President Trump, both signaled they disagree with arguments from Republican-led states that Obamacare should fall if its individual mandate is deemed unconstitutional.
  • It's hard for you to argue that Congress intended the entire act to fall if the mandate were struck down when the same Congress that lowered the penalty to zero did not even try to repeal the rest of the act,
  • The chief justice added that he believes Congress wanted the Supreme Court to strike down the full law, "but that's not our job."
  • "Under the severability question, we ask ourselves whether Congress would want the rest of the law to survive if an unconstitutional provision were severed," Roberts said. "And here Congress left the rest of the law intact when it lowered the penalty to zero. That seems to be compelling evidence on the question
  • I tend to agree with you, this is a very straight forward case for severability under our precedents, meaning that we would excise the mandate and leave the rest of the act in place,"
  • it does seem fairly clear that the proper remedy would be to sever the mandate provision and leave the rest of the act in place."
  • third attempt by Republicans for the Supreme Court to dismantle the 2010 health care law that has extended health insurance coverage to millions of Americans and provides protections to people with pre-existing conditions.
  • The states argue the rest of Obamacare should topple if the mandate is struck down, as it is "inextricably intertwined" with the remainder of the law and cannot be severed from it. 
  • Congress's change to the law "modified the terms of the choice presented by [the mandate] — by allowing individuals to freely decide whether to buy health insurance without facing any tax assessment if they do not."
  • "It would seem a big deal to say that if you can point to injury with respect to one provision and you can concoct some kind of inseverability argument, then it allows you to challenge anything else in the statute,
  • Isn't that something that the United States should be very worried about and isn't it something that really cuts against all of our doctrine?"
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