Obstruction of Justice

Rod Rosenstein has been a fierce defender of the Special Council investigation, refusing to bend to Republican demands to end or curtail it. Ordinarily that wouldn’t matter, as he’s merely the Deputy Attorney General, but Jeff Sessions has recused himself and that makes Rosenstein the boss of Mueller. Eliminating Rosenstein would be the first step in a modern Saturday Night Massacre, shifting control of the Special Council to someone Republicans can control.

Just before their recess, the House Freedom Caucus tried to queue up that first step by introducing articles of impeachment against Rod Rosenstein. Fortunately, nearly everyone thought it was an empty gesture.

It appears that the resolution will have little chance of success on the House floor, in part because Trey Gowdy, the chairman of the House Oversight Committee, has not signed on to to the impeachment effort, and has defended the DOJ’s efforts to cooperate with the committee. “Impeachment is a punishment, it’s not a remedy,” Gowdy said according to The Washington Post. House Speaker Paul Ryan of Wisconsin is also among the leadership who have not signed on to the Rosenstein impeachment effort.

But it looks like we were lied to. I’ve added italics for emphasis.

AUDIENCE MEMBER: “But also, on things that came up in the House on Rosenstein impeachment thing. And it appears from an outsider that the Republicans were not supported.”

REP. NUNES (R-CA): “Yeah, well, so it’s a bit complicated, right? And I say that because you have to, so we only have so many months left, right? So if we actually vote to impeach, okay, what that does is that triggers the Senate then has to take it up. Well, and you have to decide what you want right now because the Senate only has so much time. Do you want them to drop everything and not confirm the Supreme Court justice, the new Supreme Court justice? So that’s part of why, I don’t think you have, you’re not getting from, and I’ve said publicly Rosenstein deserves to be impeached. I mean, so, I don’t think you’re gonna get any argument from most of our colleagues. The question is the timing of it right before the election.

REP. MCMORRIS RODGERS (R-WA): “Also, the Senate has to start –”

REP. NUNES (R-CA): “The Senate would have to start, the Senate would have to drop everything they’re doing and start to, and start with impeachment on Rosenstein. And then take the risk of not getting Kavanaugh confirmed. So it’s not a matter that any of us like Rosenstein. It’s a matter of, it’s a matter of timing.

Devin Nunes is the chair of the House Intelligence Committee and enjoys strong support from Paul Ryan, the Speaker of the House and one of the most powerful Republicans in the party. Cathy McMorris Rodgers is the most powerful woman in the Republican party and high up in the leadership hierarchy. If the two of them claim most Republicans are in favour of impeaching Rosenstein, that’s probably the case.

It also snaps the final puzzle piece into place for a Massacre. You need a place a stooge in the line of succession below Rosenstein before you start the Massacre, and Republicans already have that in the form of Brian Benczkowski.

Benczkowski’s nomination was controversial because of his work for Alfa Bank, which has been scrutinized by FBI counterintelligence. Benczkowski, a former lead staffer to Attorney General Jeff Sessions in the Senate and a Trump transition official, has faced criticism from Democrats since he was nominated last year over his past private-practice work on behalf of Alfa Bank, one of Russia’s largest financial institutions.[…]

Sen. Dick Durbin, the Senate’s No. 2 Democrat, said in a tweet Tuesday that “the warning signs are clear” about Benczkowski. And Sen. Sheldon Whitehouse, a Rhode Island Democrat, in a floor speech called out his “astoundingly weak qualifications,” positing that Benczkowski’s close ties to Sessions and the administration could be leveraged to stymie the ongoing Mueller probe or create a backchannel for improper information sharing.

Any Massacre would throw the country into a constitutional crisis, and almost certainly invoke the Supreme Court. Enter Brett Kavanaugh, a justice who thinks the President should wield more power and be above the law. Confirming him would solidify Conservative control over the court and give them enough votes to rubber-stamp a Massacre. Democrats are doing what they can to oppose Kavanaugh, but

The reality is Democrats have little power to block Trump’s nominee to the Supreme Court. Republicans need only 50 votes to confirm a nominee, so if every sitting Republican votes for Kavanaugh, he’ll be confirmed. Plus, there are several red-state Democrats who have plenty of incentives to demonstrate that they are working with Republicans in Washington.

Devin Nunes just confirmed the Republican Party is teeing up another Saturday Night Massacre. They’re not only conspiring to defraud the United States, the majority of the party are eager to obstruct justice to cover up their misdeeds. Italics are mine again.

REP. NUNES (R-CA): “So therein lies, so it’s like your classic Catch-22 situation where we were at a – this puts us in such a tough spot. If Sessions won’t unrecuse and Mueller won’t clear the president, we’re the only ones. Which is really the danger. That’s why I keep, and thank you for saying it by the way, I mean we have to keep all these seats. We have to keep the majority. If we do not keep the majority, all of this goes away.

No wonder Republicans are bark more than they bite as they keep refusing to fund election security initiatives in the face of blinking red lights, they’re counting on a mixture of voter suppression and Kremlin interference to keep them in power and safe from prosecution. It brings to mind what Sarah Kendzor said in the latest episode of Gaslit Nation,

It’s not controversial to say the GOP at this point is trying for one party rule and they’re going to do everything they can do gain that in the mid-terms.

You should vote like this is the last election you may see in your life, because it might be, and I’m not kidding about that. I’m not saying that lightly. This is how autocracies are formed.

The Cold Calculus of Hiking

For part of the trip, I couldn’t decide which was the tougher scramble: Crowsnest Mountain or Mount Sparrowhawk. That debate was conclusively squashed in the crux of Crowsnest: picture a gully a few metres wide but a good dozen meters tall, filled with loose scree that makes grinding up the channel a slog, and sprinkle in a few upclimbs just to further piss you off. Those two metal chains did indeed make the near-cliff at the top of the gully easier to exit, but there was an awkward section between them with few good footholds. The angle of the rock strata was down-slope, too, which I noted would make that section extremely dangerous when wet.

I didn’t know the half of how treacherous it could get.

===

Weather reports in the mountains are like the Pirate Code. The mountains themselves cause weather and redirect the wind, and tend to be more prone to moisture and wind than the surrounding valleys, making forecasting difficult. I ruled out hiking in Lake Louise or Banff due to 50% chances of rain, but I thought Crowsnest Pass had a 0% chance of rain that day, which didn’t offer much room for a weather surprise. I later learned I’d misread the report and there was a 20% chance in the afternoon, but at worst I’d just have been more slightly more alert to the weather. I would have been on alert anyway, as the high winds of the Crowsnest Pass only make weather surprises more likely. Reading the conditions while on the hike is far more reliable, for obvious reasons, but when scrambling a mountain you spend most of your time with half the sky blocked by said mountain. As unreliable as they can be, weather reports are still vital.

Alas, the forecasts were wrong even before we stepped out of the vehicle. Webcams from the Crowsnest Pass region showed smoke-free skies the previous day, another plus over Lake Louise/Banff, but we arrived to find quite a bit of smoke in the air. To understand why that’s annoying, consider the view when there isn’t much smoke about.

A teeny bit of the view from the top of Mount Sparrowhawk. Click for a bigger version.

This is a small slice of what you see from the top of Mount Sparrowhawk. That long “lake” on the left is actually the Spray Lakes Reservoir, while the stubby one is Goat Pond. There’s a bit of Mount Lougheed in shadow, and dead behind it are The Rimwall (7km away), the Three Sisters (10km), Mount Rundle (25km), and Cascade Mountain (38km). All of those are beneath you! There may only be two mountains higher than Sparrowhawk visible here, Bonnet Peak and Mount Temple, and the closest of them is 70km away. That’s not my record for mountainspotting, but you get the point: clear air on a mountain top earns you spectacular views of distant scenery.

The view from the final ascent of Crowsnest Mountain.

Smoky air is more like this. The pretty boomerang is the Seven Sisters (2km away), the sun-kissed mountains are Allison Peak and Mount Ward (7km), and that black mass behind the Seven Sisters is part of the High Rock Range (no more than 15km). It doesn’t have the same impact, right?

It was a lot more alarming, though. This shot was taken above those chains, about 200m short of the summit, and the more I looked at it the more worried I got. The biggest tell for rain is dark tendrils coming down from puffy Cumulus clouds, because that’s precisely what you’re looking at. All that smoke in the air led to deep dark cloud shadows and poor visibility, though, blocking my view. I had to rely on more qualitative tells, which fell outside the frame of this shot: really tall Cumulus clouds and “smearing” that blurs normally sharp boundaries. Overall, I figured there was maybe a 30% chance the haze was hiding rain. On the other hand, those clouds had been building for hours and slowly marching towards us from the North. Shortly before taking this shot, I called an audible: we should turn back. The risk side of the equation outbalanced the reward, even though the flag was waving at us from the summit. There was no way I wanted to be caught between those chains in the rain. We were all hungry and tired from the grind, so I recommended a quick break for food and photos before we retreated.

Shortly after taking this shot, I saw a lightning bolt over Allison Peak.

As we raced back down, I first saw the first clear signs of dark tendrils rapidly coming at us from the High Rock Range, as well as an ominous white “fog.” The rest of the group were pressuring me to find shelter immediately; I agreed and had a place in mind, but it was past those chains. Maybe five minutes before reaching the pair, the wave of rain hit. It really brought down the temperature, and made it tough to navigate through wet sunglasses. There wasn’t much lightning, thankfully, but we couldn’t be more exposed. I almost led us into another gully to the West of the chains, but caught sight of a cairn and was able to steer us true. I was shouting directions to the rest of group as they descended down, as by this time the wind had really picked up. The white fog chose that moment to reveal it was actually pea-sized hail. Fortunately, I saw a ray of hope: there was a bright spot behind Allison Peak, where the sun appeared to be shining through the clouds. This nastiness would pass shortly, and if only briefly we’d have a window of better weather.

But that was only the first half of the treachery.

===

I have a reputation for being impervious to cold. But I’ll let you in on a secret: there’s nothing special about my body. I was that kid who had to come indoors after ten minutes in the cold, and eventually it pissed me off enough to try to find workarounds like how to dress in layers. That was so effective, I wound up ditching my winter coat in favor of a thin raincoat I’d layer over one or two sweaters and a shirt. I could easily adjust for the conditions, or swap out layers as they got wet. And it was cheaper than a proper coat! Nowadays, my standard hiking clothing is a thin exercise T for moisture wicking, a beat-up puffy fleece sweater for insulation, and said raincoat for wind protection. For the lower half, I wear convertible pants as shorts for the outer layer, with some thick tights for insulation and a pair of thick wool socks for either feet or hands.

My record for remaining comfortable in a T-shirt and shorts is 0 Celsius. But I managed that while snow-shoeing in a dense forest on a sunny day; there was no wind to accelerate the loss of heat, the sun was warming my skin, and the physical exertion was just able to compensate for what I was losing to the surrounding atmosphere. When you’re a cardio junkie with the resting heart rate of an athlete, “keep moving to stay warm” is easy advice to follow. It’s one reason why I rarely throw an extra layer on when I stop for a snack, because I know that any chill I get will be gone fifteen minutes after we move again. Conversely, if I threw on the layer I’d overheat at roughly the same time and be forced to stop and change.

So when I snapped that photo on Crowsnest Mountain, I was wearing only my wicking layer and shorts. By the time we reached the chains, what little body heat I’d earned from that exercise was canceled out by my wicking layer dutifully using the rain to rip heat from me. I instinctively stuck to the back of the pack, thanks to years of experience, but that also meant I had to sit tight while the rest of the group descended the chains one-by-one. I could feel my core temperature dropping.

Alas, the layer system has flaws. If there’s only a drizzle, throwing on just the rain coat may temporarily keep you dry, but as moisture accumulates the coat will cling to your skin and suck the heat out of you. The sweater usually fares better in the short term, but offers no protection from the wind and will eventually get wet enough to suck heat even faster. Combining both will overheat you and build up sweat, which again sucks the heat out. I’d wanted to try out a new coat aimed at this middle space, and intended to use it as my insulating layer in case things went sideways; instead, I forgot the coat at home. Everyone else had all their layers on, so my only option was the rain coat destined to cool me down.

And there was no place to run. I could try to work up some heat by marching up and down the mountain, but that would increase my exposure to a lightning strike. To my left and right were cliffs, and the descent would be slow, methodical, and destined to generate little heat. Chilling down isn’t just dangerous because it slows your movement or causes shivering, it also saps your brain power. You become less observant and make more mistakes, which could prove fatal when descending slippery rock. The rest of the group was also counting on my experience to lead them back down the mountain, so I had to stay sharp. And the cooler I got, the longer it would take to warm back up.

I was faced with a difficult decision: I could launch down the chains ASAP, or I could pause to throw on my rain coat and tights. The former sacrificed some cognition and increased the risk of an accident, while the latter allowed the rain more time to wet down my footholds and increased the anxiety of the group below. I let the hail bounce off my helmet for a few seconds as I weighed each option, and cursed my rotten luck.

A puny hail storm that I’d have shrugged off below treeline had just put me in one of the most dangerous situations I’d faced.

===

I reached for my coat. It felt wonderful to be protected from the wind. Unfortunately, trying to pull my tights over my pants and hiking sandals cost me a fair bit of time, and I could hear shouted inquiries from below when I finally reached for that first chain. I debated what to do about my gloves. They were intended to protect your hands while belaying, but had proven useful for scrambling. Now, they were waterlogged and cooling off my hands. I decided to leave them on anyway, as the rain was slacking off and they’d help me on the chain.

I wrapped the first chain once around my dominant arm, to maximize friction, and began carefully inch-worming down the line. I shouted back commentary as I descended the chain. Dangling off the end, I probed the very top of the awkward section. I found an unappetizing mixture of mud-like rock dust and slick footholds. By this time the hail had stopped and the rain was dwindling. The distant bright patch wasn’t the Sun breaking through the clouds, but it was still a rain-free oasis of thin cloud rapidly advancing on us. I called down to the group: I was going to wait between the chains for fifteen minutes, to give the rock some time to dry.

The rain faded away. The damp rain coat slowly sucked away my heat. I kept up a conversation with the rest of the group, unseen below. It soothed their nerves. It soothed my nerves. And it helped me assess my cognitive abilities. The others had made it down safely. They weren’t in the place I’d called a shelter, but they had sheltered and could wait. I meditated over the awkward few metres of rock below me. I hadn’t realized how narrow the walls were on the ascent. I could use that.

I grabbed the end of the chain again and probed. There was a teeny bit less moisture, but more importantly I could see my first few steps. My core temperature was cool but OK. I paused for a bit, contemplating, then called down: I was descending the tricky section.

I’ve never been interested in climbing, but I used to boulder a fair bit and had absorbed a few tricks. When faced with a chimney just wide enough for their bodies, climbers wedge themselves sideways and used friction to overcome missing footholds. The vertical rock was much less likely to be wet than the horizontal footholds, though the friction is strong enough that any wetness didn’t matter. I keep typing “footholds” instead of “handholds” because climbing is really about your feet. Your hands are there to help steady you against the wall and help distribute the pressure a bit, but to a first approximation climbing is just standing in places no sane person should.

Carefully, I tried to examine the rock for a potential foothold. I slowly probed with a foot until it touched potentially-friendly rock. I looked where it landed. I scraped around a bit, to clear off any water or mud-dust, and assess what sort of friction I could get out of the rock. I braced against the sides of the little canyon. I eased myself onto the foothold, not fully trusting it. When I was confident, I did the entire process again. And again.

Three metres down, I noticed the little canyon was getting wider. Bracing against the side was increasingly less viable, yet I was still a good two metres from the chain. A small wave of panic passed over me. I looked up and down the length of the mini canyon, debating if I should head back up or continue on. With a deep breath, I had a look down for my next foothold.

Then I blinked and was standing next to the chain. I’m not sure why I don’t remember those next few metres; I had successfully fought back that brief bit of panic, and while I was cold I still felt mentally sharp. Maybe I was so focused on the rhythm of easing myself down that I lost track of time? Whatever the case, I announced I was at the second chain and eagerly grabbed it. Thus began another rhythm: release dominant arm, awkwardly slide it down the chain, grip, release the other hand and slide it to meet, look for a place for one foot, look for a place for the other foot, repeat. Within a few minutes, I could see the rest of the group huddled below. Alas, it felt like forever until I was next to them; had someone moved the footholds I used to get up this section? It wasn’t a big deal given my body temperature, so I ambled down like I was pondering chess moves.

I checked in with the group, this time face-to-face. They were in much the same shape as I was, chilled but unharmed and calm. They had blasted through the awkward section without trouble, as they’d been too busy concentrating to let fear overwhelm them. I gave some pointers on how they should descend the rest of the gully, as scree made it terribly easy to send rocks flying into any person below. I took my time to grab a quick snack and readjust my gear, deliberately letting them get well below me. I could descend scree a lot faster than they could, though I kicked up a lot of rocks in the process. As started down I grumpily noted they weren’t sticking to my plan, but they had enough distance between them to be safe.

We reconnected at the base of the gully. The danger level was rising again: the trail split into multiple similar-looking paths, the bright horizon had again been replaced with dark shadows moving in our direction, yet we had one more down-climb left to do. This wasn’t over yet.

===

Just kidding, it pretty much was. That second rain burst was shorter and less intense than the first, with no hail and barely any lightning. It finished before we hit the second down-climb, and that section of rock was surprisingly dry. The rest of the group did try to pick the wrong trail, but after a bit of shouting and wild gesturing on my part I got us all back on what I remembered as the proper track. And my memories proved true.

As we made the final descent down steep scree to the safety of the trees below, the clouds parted and that smell you get from a freshly watered forest wafted up to us. The Seven Sisters were bathed in a beautiful light, the greenery was lusher than we remembered. I tried to rain on things a bit by pointing out that there was a chance the creek we needed to cross had become bigger, but it was unchanged from earlier.

We spent the hike back to the vehicle debating which mountain to try next week.

Checking In

Yep, I’ve been sandbagged in by other commitments. The last week has been a weird mix of nostalgia and panic, desperately trying to remotely feed a supercomputer cluster while also visiting old friends in faraway lands, with just the slightest tinge of mortality angst hovering in the background. It doesn’t help that, yet again, I find the topics I want to blog about involve a helluva lot of pain and misery. Weighty subjects provoke creative inertia, at least for me.

The situation should improve around the end of the week. Should.

Conspiracy to Defraud the United States

Watching the fallout from yesterday’s shit-show has been fascinating. The White House’s official talking points are A) Trump has always thought Russia was behind the hack, and as proof they quote-mine his statements, B) Trump talked extensively about Russian election meddling with Putin, something we’ll never be sure of as he met with Putin alone for two hours, but seems to contradict what he said immediately afterwards to Sean Hannity as well as Putin and Lavrov‘s rosy assessments, and C) why dwell on the past?

That hasn’t gone over well; as I’m typing this, Trump has tried re-writing history and announced he said “would” when he meant to say “wouldn’t” in Helsinki, Finland, which is the opposite of convincing.

He didn’t come up with that on his own. Ditch the “would”/”wouldn’t” bit, switch “my campaign didn’t collude” to “there’s no proof it changed the outcome of the election,” and you’ve got a carbon copy of what Paul Ryan was spouting earlier in the day. Above all, what’s fascinating to me is how Republicans are reacting to Trump’s actions. Ryan, for instance, has plenty of criticism for Russia and yet completely omits Trump. Tom Cotton does the same, as does Mitch McConnell, while Trent Gowdy argues Trump is unable to detach criticism of the Kremlin from criticism of his election victory, which ignores Trump’s overtures to Putin before Trump was elected. There’s a bit of whataboutism from Warren Davidson and Tucker Carlson, in addition to old-fashioned question dodging from Devin Nunes. The other major line I’ve seen:

Mike Murphy – I’m furious R’s are cowardly about Trump. But here is what they say in private: 1.) Trump is a disgrace. 2.) I give fiery press conf tmmrw saying that. 3.) Nothing changes, Trump remains nuts and remains POTUS. 4.) A nut beats me in next primary. So how does my pol suicide help?

Jake Sherman – In playbook this am: what republicans are telling me on Russia: What the hell do you want us to do? They say they’ve done what’s been asked of them. They feel they can’t stop trump. They’ve opposed him at all times on Russia.

Kevin M. Kruse – Legislation is certainly needed, sir, but as the chairman of the Senate Foreign Relations Committee you can also use your subpoena powers and convene public hearings to get to the bottom of the president’s relationship with Russia.

So the party with control of both the House and Senate, with Democrats eager to cooperate on this subject, is completely powerless to check the power of the President? No Republican is proposing a concrete action to censure Trump? John McCain may have had some very harsh words, for instance, but even he delegates any action to unnamed “Americans.” This is an extremely odd situation, and echos of it have been around since Trump was elected. [Read more…]

Remember This Old Thing?

I’m a bit of an oddity on this network, as I’m pretty convinced Russia was behind the DNC email hack. I know both Mano Singham and Marcus Ranum suspect someone else is responsible, last I checked, and Myers might lean that way too. Looking around, though, I don’t think anyone’s made the case in favor of Russian hacking. I might as well use it as an excuse to walk everyone through using Bayes’ Theorem in an informal setting.

That was me one year, one month, and fifteen days ago, kicking off the first of a four-part series. My two main points were A) the priors favored the Kremlin, as they’ve done more to influence elections than anyone else (save the CIA), and B) while each bit of evidence may have been weak, the majority of it was more likely to be observed if the Kremlin were behind the hack than under any other hypothesis. Looking back, I don’t think I’d change a word, not even this bit in part 3:

Publicly revealing the evidence of hacking is a great way to convince people of its truth, but it’s also a great way to lose the ability to track the hackers. This is why the police never reveal their evidence until they absolutely have to at trial. This is why the FBI will let people they think are consuming child pornography walk free. This is why the CIA “cannot confirm or deny,” because even a single bit of information can reveal volumes. It is never in a government’s interest to explain the details of an investigation, especially when the target of the investigation is part of another government.

That line of thinking had me pessimistic that we’d ever see a good accounting of what happened. What government agency would dare reveal those details, and burn their sources?

12. Defendant IVAN SERGEYEVICH YERMAKOV (…) was a Russian military officer assigned to ANTONOV’s department within Unit 26165. Since in or around 2010, YERMAKOV used various online personas, including “Kate S. Milton,” “James McMorgans,” and “Karen W. Millen,” to conduct hacking operations on behalf of Unit 26165. In or around March 2016, YERMAKOV participated in hacking at least two email accounts from which campaign-related documents were released through DCLeaks. In or around May 2016, YERMAKOV also participated in hacking the DNC email server and stealing DNC emails that were later released through Organization 1. […]

21.c. On or about March 28, 2016, YERMAKOV researched the names of Victims 1 and 2 and their association with Clinton on various social media sites. Through their spearphishing operations, LUKASHEV, YERMAKOV, and their co-conspirators successfully stole email credentials and thousands of emails from numerous individuals affiliated with the Clinton Campaign. Many of these stolen emails, including those from Victims 1 and 2, were later released by the Conspirators through DCLeaks. […]

29. Between on or about May 25, 2016 and June 1, 2016, the Conspirators hacked the DNC Microsoft Exchange Server and stole thousands of emails from the work accounts of DNC employees. During that time, YERMAKOV researched PowerShell commands related to accessing and managing the Microsoft Exchange Server.

Apparently, the Special Council would. To be fair to past-me, this comes from an indictment submitted by Mueller’s team last Friday, so it is indeed related to a trial. Those news reports of Dutch government hackers snooping on this GRU unit also suggest that intel source is no longer needed (or alive), which also removed the need for secrecy.

And damn, those details: the GRU did indeed try to use “Company 1″‘s public statements to hide their tracks; they remained on the DNC network well into October 2016, yet “Company 1” claimed they’d been removed mid-June 2016; in September they swiped “test applications related to the DNC’s analytics;” and on July 27-ish tried to get into Hillary Clinton’s personal and campaign office. Those last two happen to line up with other plausibly-related events.

If you’re hardcore anti-CIA/FBI, this document may fall short of convincing. Remember, though, the indictment is the prelude to a trial; someone is going to ask how the hell Mueller’s team knew what specific Russian citizens were Googling on specific days, and if this is all a ruse it should be obvious from the government’s replies. By making easily falsified assertions, the Special Council is signaling they have high confidence they have sufficient evidence to prove them in court, and that’s not so easily dismissed.

Personally? I’m feeling vindicated. My original analysis was within epsilon of spot-on.

Watch American Democracy Die, LIVE

There is a cult of ignorance in the United States, and there has always been. The strain of anti-intellectualism has been a constant thread winding its way through our political and cultural life, nurtured by the false notion that democracy means that ‘my ignorance is just as good as your knowledge. – Issac Asimov

The far-Right in America has been obsessed with Peter Strzok. He and Lisa Page had an affair at the start of the Trump-Russia investigation, which they hid from their respective partners by swapping texts on their work phones. Alas, they turned out to be quite opinionated, privately trash-talking almost every elected official including then-candidate Trump. The texts were discovered, Strzok was removed from the investigation, now under Mueller’s control, and the far-Right latched on to these texts as “proof” that the FBI’s investigation into Trump was crooked.

Strzok eventually got sick of this, and signalled he was willing to talk in public to quell the conspiracy noise. Republicans responded by subpoenaing him for a private hearing which lasted eleven hours, then selectively quoted from the transcript while refusing to release it to the public. Somehow, the Republicans later agreed to a public hearing with Strzok, which is still being broadcast live as I type this.

I could only tune in for five minutes or so, which was good. Watching any longer would have permanently dislocated my jaw.

The small part I saw began with Congress-people shouting at one another: Representative Bob Goodlatte, the Republican chair of the hearing, was demanding that Strzok answer a question that FBI lawyers told him he could not answer, as it pertained to an ongoing investigation. Democrats were shouting that was out of order, while Goodlatte repeatedly insisted it was in order and threatened to hold Strzok in contempt of Congress for refusing to answer. When Goodlatte had bullied his way through that challenge, as well as charges of hypocrisy over his non-action involving a similar situation with Steve Bannon, Strozok pointed out that both his council and the FBI’s council were sitting directly behind him, so he could easily double-check if anything Goodlatte had said had swayed their minds.

Goodlatte said that Strzok could consult with his lawyer, but not the FBI lawyer. The non-Republicans in the room were floored, and Democrats weren’t afraid to tell Goodlatte how ridiculous that request was. One bitterly asked if Strzok’s lawyer could talk with the FBI lawyers and then relay that response, simultaneous with Strzok doing exactly that. There was no change: Strzok’s answer to Goodlatte’s question would compromise an ongoing investigation.

Trent Gowdy jumped in at that point. A Benghazi-obsessed Republican, he spent all of his allotted time harassing Strzok over who the “we” and “it” were in his now-famous message to Page that “we’ll stop it.” Strzok correctly guessed Gowdy’s next move, and offered to also provide additional context and insight into his state of mind when sending that text to Page. Gowdy would have none of it; amid shouts from Democrats that he’d gone over his time limit, Gowdy said he didn’t care about the context of the message, he only cared about what “we” and “it” referred to.

That was all the live content that I saw, which meant I missed Strzok’s blistering response, but I got the gist of the hearing. A Republican would ask a question; Strzok would read the intention behind the question and start to give a careful answer; the Republican would interrupt after a few words, unsatisfied at being thwarted, and ask the same question again. The Steve Bannon motion came to a vote, which went along party lines. Democrats countered the narrative that Mueller had accomplished nothing by bringing posters of the half-dozen people Mueller had earned guilty pleas from; Goodlatte tried to have them removed, but couldn’t cite a procedural rule that forbid them. Democrats threatened to release a cleaned transcript of Strzok’s previous testimony unless Goodlatte can give a procedural rule against it, something Goodlatte again couldn’t do. I briefly tuned in now to check if the hearing was ongoing (it was), and the last thing I heard was a Democrat complaining the Republicans weren’t yielding time to them.

We are now treated to the spectacle of Republican members of Congress threatening an FBI agent unless he answers questions about a pending, secret criminal and counterintelligence investigation. America, 2018. – Eric Holder

There’s no question about it, the Republicans have given up any pretense of being sound administrators. They’re scrambling to protect their asses and defend Trump, railing about conspiracy theories and ignoring reality, even if it undermines the very democracy they live in. And now, thanks to the wonders of technology, Americans can watch their democracy die in real time, from the comfort of their own home.

The Silent Army

Last week, the department was saying this:

[Health and Human Services] Secretary Alex Azar claimed migrant parents who have been separated from their kids under the Trump administration’s “zero tolerance” border policy should be able to easily locate their children, countering reports about difficulties families have faced. “There is no reason why any parent would not know where their child is located,” Azar testified at a Senate Finance Committee hearing this morning. Azar said he could locate “any child” in his department’s care “within seconds“ through an online government database.

Thursday, less than a week after they were ordered to reunite children with their families, the department was now reporting this:

Trump administration health chief Alex Azar said Thursday that no immigrant children separated from their parents have been reunited with their families in federal custody — yet — to comply with looming court order deadlines to do so. But Azar said the U.S. Health and Human Services Department will comply with the first of those deadlines to take children in HHS custody and place them with parents who are in the custody of Immigration and Customs Enforcement next Tuesday.

Azar said there are somewhat fewer than 3,000 kids who were separated from their parents when they jointly tried to illegally cross the border with Mexico. That is much higher than the 2,047 children that HHS recently said were in its custody. Azar said the new number is higher because a judge has required HHS to reunite all separated children, including ones taken from parents before the Trump administration’s zero tolerance policy took effect in May.

The story remained the same Friday morning, then changed again.

Just days ahead of a deadline, the Trump administration said it may need more time to reunite some of the immigrant families it separated. […] “If we’re not aware of where the parent is, I can’t commit to saying that reunification will occur before the deadline. … We’re still determining what the situation is there,” [Justice Department attorney Sarah Fabian] said, “and whether those are situations where reunifications may not be able to occur within the time frame.”

After the hearing, ACLU attorney Lee Gelernt said it was troubling that officials still can’t provide precise statistics about families they separated. “It was clear today that the government has not even been able to match all the children with parents,” he said. “That is extremely troubling.”

Things are so bad, this government department is trying to redefine what “reunite” means. Emphasis mine.

“The secretary told us on a conference call that they do not have any intention to reunify these children with their parents. They are going to call it good if they could find anyone else to serve as a foster parent or might have some familial relationship,” [Washington state Governor Jay] Inslee told MSNBC’s Chris Hayes late Friday, when he asked about a June 29 meeting mentioned in a letter addressed to officials on Friday.

“Perhaps we should not be surprised. This whole indignant and traumatic episode was based in inhumanity at the beginning, it was based on deceit in middle, and now it’s based on incompetence. These people have no idea what they are dong — I’ve seen coat check windows operate with a better system.”

[Read more…]

It Is Friday, After All

I was sitting down to write a weighty post about child separation, while reminding myself of another post I’d promised on the subject, and eyeing up which Steven Pinker post I should begin work on, all of which is happening as I’m juggling some complex physics and computational problems, and-

You know what? Here’s a video of someone dunking oranges in a fish tank, in an excellent demonstration of the scientific method. [Read more…]

A Little Racist Butterfly

Researchers have noted that, for decades, prison sentences have been just ever-so-slightly more harsh for black people than white people.

As a whole, these findings undermine the so-called ‘‘no discrimination thesis’’ which contends that once adequate controls for other factors, especially legal factors (i.e., criminal history and severity of current offense), are controlled unwarranted racial disparity disappears. In contrast to the no discrimination thesis, the current research found that independent of other measured factors, on average African-Americans were sentenced more harshly than whites. The observed differences between whites and African Americans generally were small, suggesting that discrimination in the sentencing stage is not the primary cause of the overrepresentation of African-Americans in U.S. correctional facilities.

Mitchell, Ojmarrh. “A meta-analysis of race and sentencing research: Explaining the inconsistencies.” Journal of Quantitative Criminology 21.4 (2005): 439-466.

Not as widely noted: incarceration sorta behaves like a contagious disease. [Read more…]