it’s worse than it appears

A few more semi-quick thoughts about the Comrade Trump indictments. First, I’m a criminal defense guy. I spent several years as a private investigator specializing in criminal defense work. So I’m in the habit of looking at criminal cases brought by the State and trying to find weaknesses. This may be the most solid indictment I’ve ever seen, largely because Trump is such a reckless, unthinking criminal.

Second, there’s a discrepancy between the number of classified documents seized during the search of Mar-a-Lago and the number of documents listed in the indictment. There are at least a dozen documents identified as top secret that were seized but not included in the indictment. The assumption is that the information in those documents was too sensitive to even be mentioned in passing in a public trial. That suggests Trump’s crimes were even worse than those included in the indictment.

Third, what isn’t being discussed (or at least isn’t being discussed enough) is the actual harm brought by Trump’s crimes. This isn’t just a matter of Trump taking classified documents he had no right to take, and lying about them, and hiding them from the FBI. It’s an actual matter of national security AND of human lives.

Having seen how cavalier Trump was with highly sensitive information provided to the US by the intelligence agencies of our allies, those allies have NO reason to ever trust us with sensitive information again. That’s especially true if Trump isn’t held accountable for this. Our credibility in the international intelligence community has turned to shit.

Beyond that, there’s the very real risk to the intelligence agents and/or assets who have risked their liberty, safety, and lives to gather and collect the information contained in those documents. We KNOW that some of the Mar-a-Lago material was classified as HCS (HUMINT Control Systems). We’re talking clandestine human intelligence, serious spy stuff–the activities, capabilities, techniques, processes, and procedures spies use. If our enemies know WHAT information we have, they can start figuring out WHERE that information came from, and WHO provided it.

We also KNOW that a few months after Trump took that material to Mar-a-Lago, there was a ‘covcom’ breach. Covcom refers to the classified covert communications systems used by the CIA. The breach exposed a number of agency assets, especially in China and Iran. A number of informants had to be extracted; others were reportedly captured and executed. US counterintelligence officials warned every CIA station about the breach. Back in October of 2021, the London Times reported the suspicion that there was a ‘super mole’ in the US government betraying CIA assets. We have no way of knowing if that ‘covcom’ breach was a result of Trump’s egregiously lackadaisical treatment of classified material. But it’s possible.

The thing is, this scandal is far worse than it appears in news coverage. The actual harm to our intelligence community is severe and will be long-lasting. The damage will be even worse if Trump isn’t held accountable.

Also? Why is there a fucking chandelier in that bathroom? I mean…why?

pick a side

We all knew this was coming. I wrote about it back in August of last year. Now it’s official. Comrade Trump has been indicted, formally accused of violating the national security laws he was sworn to protect.

There’s already a fuck-ton of bullshit being hurled at great force into various social media and news outlets. Some of that bullshit is important; most isn’t. Even though the indictments are sealed at present, we can make a fairly accurate guess at what’s in them. Here’s the thing: down at the bone, this is a pretty simple criminal case.

I’m going to make a terribly flawed analogy here. I’m telling you up front that it’s a flawed analogy, so don’t wast time telling me it’s a flawed analogy. It’s flawed, but it’s still pretty accurate. Right, here we go.

Let’s say you got fired from your job as a…I don’t know, a warehouse worker. You got fired, so when he left on your last day, you also decided to take the forklift you drove at the warehouse. The warehouse manager calls you, says, “Dude, that wasn’t your forklift. We need that forklift back.” You say, “Forklift? What forklift?” The manager says, “You were seen driving away in the forklift and hey, it’s parked outside your garage right now. It’s got the warehouse logo on it. We want it back, please.” You remove the logo from the forklift, park the forklift inside the garage, and send the manager the logo with a note saying, “There you go.” The manager says, “Yeah, no. We want the whole forklift. C’mon, dude.” You say, “It’s my forklift; we bonded during the months we worked together.” The manager says, “Just give us the goddamn forklift. We don’t want to send the cops.” You say, “Okay, I’ll give you the forklift.” You don’t give them the forklift. The manager loses patience and sends the cops. The cops find the forklift in your garage; parts of it are missing. You claim you have no idea how the forklift got into your garage and no idea what happened to those missing parts.

Then you ask to be rehired for your job at the warehouse.

It’s a flawed analogy, but it’s still basically accurate. Trump took shit that didn’t belong to him — shit that put our national security at risk, shit that has very likely caused intelligence agents and assets in China and Iran to flee or, in some cases, to be captured and killed. He refused to return that shit when asked. He eventually gave some shit back, but kept other shit. He lied about having that other shit, both to the government and even to his own lawyers. Later he claimed the shit belonged to him. Now some of that shit is missing.

Again, the basic facts are simple and easy to understand. The implications, however, are neither simple nor easily understood. I’m talking about the political implications, and the social implications, and the national security implications.

There’s a thing called graymail. It’s like blackmail for spies. How does the government accuse somebody of illegally handling secret documents when the documents are secret? Graymail involves a person accused of mishandling (or stealing) secret information threatening to reveal the contents of those secrets in open court if they’re brought to trial.

You know Trump will try to graymail his way out of this. And he’ll succeed, at least in part. We’ll never hear about the very worst things he’s probably done, because it would reveal national security issues.

But there’s good news — or something like good news. Some of the secret material Trump stole will be low level intel that the government is willing to burn in order to get a conviction. The punishment for mishandling a low level secret document is the same as mishandling a really critically important document.

At this point, some 12-14 hours after we learned about the indictments, we’re mostly operating on assumptions. We’re told there will be seven indictments and we assume that’s true. We can make some intelligent guesses about the actual crimes Trump is being charged with, but we don’t actually know. We have no idea how many counts of each indictment–how many separate acts are being charged.

All we have at the moment are broad outlines based on widely reported facts. But we do know this: The indictments will be labeled The United States of America v. Donald J. Trump.

And there it is. The United States versus Trump. Pick a side.

indelible

I didn’t watch the Trump Show on CNN last night. The notion that any serious news channel would give Comrade Trump a national platform to speak was ridiculous and offensive. I understand CNN’s desire to draw viewers; viewers draw advertising and advertising pays the bills. I get it. But to sacrifice journalistic integrity in order to…wait. Who am I kidding? Journalistic integrity? CNN started sacrificing that when it saw Fox News making serious coin by openly prostituting itself.

So no, I didn’t watch CNN last night. That said, I will admit to being curious about it, especially when I learned Kaitlan Collins would be given the job. She always seemed like a solid reporter. I mean, nobody would be able to stop Trump from his firehose lying, but maybe Collins would find some journalistic equivalent of a whip and a chair, and keep Trump partially at bay. It seemed unlikely, but not entirely out of the realm of possibility.

Reader, I was wrong.

This morning I’ve watched a few clips of that horrorshow. And Jesus suffering fuck, it was like that scene in Aliens when the xenomorphs are shredding the Colonial Marines. Kaitlan Collins tried her best, but she was overrun. Not just by Trump’s lies, but by the audience as well.

Since it was a supposed ‘town hall’ affair, I assumed there’d be a live audience. It never occurred to me that CNN — or any actual news organization — could be so massively stupid as to gather an audience “[c]omprised of Republicans and otherwise undeclared voters planning to participate in the 2024 GOP primary.” In other words, they invited a Trump-friendly crowd.

Let me just say that again. CNN voluntarily and knowingly held a ‘town hall’ meeting in New Hampshire, the most conservative state in New England (I mean, their goddamn motto is “Live free or die”), hosting the only twice-impeached POTUS in history — a man who fomented an actual insurrection in an attempt to illegally remain in office — the day after he’d been found liable for sexual assault, and then invited an audience of his followers to attend.

That is deeply stupid. That is stupid all the way down at the cellular level. CNN basically asked Kaitlan Collins to interview a great white shark in a pool of sharks and then spooned in chum. They fucking ate her alive.

At one point, Trump turned to Collins and called her a “nasty person.” And the audience laughed. Laughed and applauded. All I could think about was Dr. Christine Blasey Ford, who testified under oath about being sexually assaulted by Trump’s SCOTUS nominee, Brett Kavanaugh. When asked why she was so confident about her memory of the assault, Ford said:

“Indelible in the hippocampus is the laughter. The uproarious laughter between the two, and their having fun at my expense.”

Emotional trauma is literally encoded on memory. The levels of norepinephrine and epinephrine in the brain sparked by the trauma sort of tattoo that experience onto the hippocampus — the part of the limbic system that consolidates information from short-term memory to long-term memory. Beyond the physical trauma of the assault, it was the casual, unthinking cruelty of the laughter that seared itself on Dr. Ford’s memory.

Cruel laughter. Trump called a respected television journalist a “nasty person” and his supporters cheered and laughed. It was exactly what they wanted. It’s what CNN gave them.

I was not surprised by Trump’s behavior last night; that’s who he is (and CNN had to know that). I’m shocked, but not surprised by the behavior of the audience; that’s who Trump supporters are (and CNN had to know that). But I am surprised and outraged that CNN, knowing who they were dealing with, deliberately brought those two explosive elements together and allowed them to detonate on a nation audience.

Fuck CNN in the neck.

confirmed, not convicted

It’s been nearly 24 hours since eight people (at last count) were murdered while shopping at an outlet mall in Texas. We’re still in that interstitial political period between ‘giving the families of the victims some privacy so they can grieve’ and ‘it’s time to move on and deal with other issues.’ Mass murder has a weird shelf life.

So here’s another issue: today a Manhattan jury will hear the closing arguments in the civil lawsuit brought by E. Jean Carroll against former president Comrade Donald J. Trump. She’s testified under oath that he raped her in the mid-1990s; he’s posted on social media that she’s lying. Her attorney has brought in supporting witnesses, whose testimony has substantiated Carroll’s claim; his attorney hasn’t offered any affirmative defense.

Remember, this is a civil matter rather than a criminal case. That means the standard of proof is lower. In a criminal case, a jury has to be convinced ‘beyond a reasonable doubt.’ In a civil case, the jury only has to believe ‘the preponderance of evidence’ favors one side or the other.

Given that the standard of proof is the preponderance of evidence, and that Comrade Trump’s lawyer hasn’t offered any evidence in defense (other than “What? Trump rape? Her? C’mon.”), the verdict seems pretty predictable. Except that juries are, by nature, unpredictable beasts.

If the jury does what any common sense jury would do, Comrade Trump becomes a confirmed rapist. Not a convicted rapist, but a confirmed one. And remember, twenty-six different women have accused Trump of some form of sexual assault. Twenty-six!

Will the Republican Party choose a confirmed rapist to be their nominee for President of the United States? Will they support a man who will very likely be facing even more damning criminal charges? Yep. Almost certainly. That’s the state of the modern GOP.

The next few days will be interesting. We may get a quick verdict’ possibly even today. Almost certainly by tomorrow (this is assuming there are no disruptions in the closing arguments–and that’s NOT a safe assumption).

Regardless of the verdict, Trump is scheduled to hold a ‘town hall’ meeting on CNN on Wednesday night. Will he be there if he’s found liable in the Carroll suit? If he shows up, will CNN ask him about the trial? Will they mention the other 25 women who’ve accused him of sexual assault? Will Comrade Trump, for maybe the first time in his adult life, actually be held accountable for JUST ONE of the countless awful things he’s done?

I don’t know. This is a weird time in history. We can’t rely on anything being ‘normal’ anymore. But…lawdy, we’re close and getting closer.

ADDENDUM: For some reason, the images of Ms. Carroll I see in the news lately make me think of Eowyn in Lord of the Rings.

A sword rang as it was drawn. “Do what you will; but I will hinder it, if I may.”
“Hinder me? Thou fool. No living man may hinder me!”
Then Merry heard of all sounds in that hour the strangest. It seemed that Dernhelm laughed, and the clear voice was like the ring of steel. “But no living man am I! You look upon a woman. Éowyn I am.”

Which also reminds me:

EDITORIAL NOTE: Burn the patriarchal system to the ground. Burn it, pound the ashes into dust, scatter the dust, and salt the fucking earth. Then nuke the site from orbit; you know why.

UPDATE 5/9: Jury has found Trump liable for Sexual Abuse, Forcible Touching, Injury of E. Jean Carroll, Willful and Wanton Negligence, Defamation. False Statements. Malicious Intent, Injury for Defamation, and Acting Maliciously. NOT liable for rape. US$5 million in damages.

eclipsed from the public eye

Jesus suffering fuck. I’m old enough to remember when the New York Times editorial page was thoughtful and intelligent. I had to cancel my NYT subscription three or four years ago because it had become very much NOT thoughtful and intelligent. But every so often somebody will say, “Greg, old sock, take a look at this” and so I will take a look at it.

This is an actual sentence written by two actual people–Peter Baker and Michael Shear–who are PAID by NYT to write sentences:

The tale of two presidents on this spring afternoon, one quietly focused on technology policy, the other having his fingerprints taken, underscored the unique challenge that has confronted Mr. Biden since taking office more than two years ago. 

Okay, first there’s only ONE president at a time. I know this is quibbling, but these guys earn their living writing stuff, so we can legit quibble the fuck out of them. You got one president and one bullying jackass who used to be president. Get it right.

Second, Baker and Shear have somehow decided that President Uncle Joe, by NOT being fingerprinted after being arrested on 34 felony counts, faces ‘a unique challenge.’ What IS that challenge? It’s…and I swear I am not making this up…it’s that Biden is being “eclipsed in the public eye” by Comrade Trump. That’s like saying a nice sunny afternoon is being eclipsed in the public eye by an EF5 tornado. Baker and Shear seem to think that President Biden spending yesterday discussing policy issues involving artificial intelligence instead of being booked by NYPD for multiple felonies is a problem FOR BIDEN. That’s so massively stupid that the term ‘stupid’ isn’t sufficient to describe it.

Here’s another sentence from that same news ‘analysis’:

The White House made no effort to compete for attention with the arrest of a former president. 

Read that sentence twice. They’re saying the White House didn’t even TRY to wrangle the public eye away from a former POTUS doing a modified perp walk. As if Uncle Joe had somehow failed because he wasn’t standing on a stage waving his normal-sized hands and shouting, “HEY, LOOK AT ME!”. These guys are experienced White House correspondents; you’d think they’d understand President Uncle Joe wouldn’t even want to distract the public from this image.

Comrade Trump after being booked, on his way to being arraigned for 34 felonies.

Just look at that sad-ass, pouty motherfucker. Baker and Shear are apparently among those folks who believe these indictments (and the coming indictments) will somehow benefit Trump, that being charged with multiple felonies in multiple state and federal jurisdictions will lift Trump into the White House in 2024. I don’t know how to explain to these people that being formally accused of committing lots of crimes IS A BAD THING.

It’s a bad thing even for Comrade Trump. There aren’t going to be folks who think, “Man, I was going to vote for Democrats…but THEN THEY INDICTED TRUMP!!!” These indictments aren’t going to bring him any sympathy voters, they won’t bring him any NEW followers. The only people energized by this are folks who already support him, that solid carbon block of fascists and fuckwits who are convinced that being an arrogant asshole is an asset. They don’t care how many laws he’s accused of smashing, so long as he’s openly cruel to minorities and women and LGBTQ folks and those peculiar Christians who think Jesus wanted folks to love each other.

Here is a True Thing: most people can’t stand Comrade Donald Trump. Not just most people in the US; most people on the entire fucking globe. We KNOW him. We’ve dealt with bullying jackasses like him all our lives. The ONLY reason Trump has any political power at all is because twenty or thirty years ago the GOP began tapping into the bullying jackass demographic and succeeded in getting local bullying jackasses into positions of local authority. They’ve slowly rebuilt their party–from the ground up–into the party of bullying jackasses. Local bullying jackasses managed to change local laws making it easier for other bullying jackasses to get elected.

And pundits like Peter Baker and Michael Shear have helped them by shifting the emphasis away from being a bullying jackass to the ‘unique challenge’ of earnest candidates who are being ‘eclipsed from the public eye’ by…well, by pundits like Peter Baker and Michael Shear.

trumpoetry

Imagine my excitement
At Comrade Trump’s indictment.
The result of his gobshitement
Is arrest.

But I say without restriction
Or any contradiction
It’s really his conviction
I request.

I’d wear a red carnation
And make a big donation
For his incarceration
Without fail.

It would not be prejudgemental
Or in any way grudgemental
To hope that his judgmental
Will end in jail.

not concerned

I actually have appointments and things scheduled today, which is a rarity. But I wanted to say one thing about Comrade Trump’s indictment(s). No, that’s not true; there are a LOT of things I want to say about it, but I’m going to restrain myself because of all that appointment stuff. This is what I want to say:

I’m not concerned that the indictment(s) will spark violence.

I say that for a couple of reasons. First, this is happening in Manhattan. Trump is not generally popular in New York City. There will likely be angry people who show up in front of Trump Tower or at the DA’s office and raise a fuss, but it’s highly unlikely there’ll be any sort of serious violent confrontation. This isn’t like DC on January 6th. Even if MAGA fuckwits wanted to pull something on that order, the urban geography isn’t in their favor. It’s easier for police to kettle protesters in city streets. And the logistics of a large scale protest are a lot more daunting; MAGA fuckwits would have to arrange travel to NYC, and find a place to stay (hotels in NYC aren’t cheap), and figure out the subway system, and they’d have to do it quickly (unlike 1/6, in which Trump gave them plenty of notice). Large scale violence just isn’t as feasible in these circumstances.

Second, this is about money paid to a porn star to prevent her from exposing the fact that Trump cheated on his third wife who’d just delivered their baby. It’s a lot harder for MAGA fuckwits to justify violence and a possible jail sentence to support a president’s right to betray his marriage and pay hush money to porn stars. It’s a lot harder for conservative Christians to support violence to help a serial philanderer’s attempt to cover up yet another sexual affair. The Lord trieth the righteous: but the wicked and him that loveth violence his soul hateth and all that. (If I have to quote the Bible, I’ll always go with the King James version; it rumbles so well.)

The arrest we’ve all been waiting for.

Had any of the other crimes for which Trump is being investigated issued the first set of indictments, I’d be more concerned about violence. Those crimes are a lot more serious. Paying off porn stars is just tacky and sleazy.

And now I think of it, there’s a third reason large scale violence is unlikely. Trump has admitted he did it. He may deny (while not under oath) that he had sex with Stormy Daniels, but he’s admitted he paid her off. He has justified it as a business expense; cheaper to pay her off than to sue her for libel. It’s a variation of the What Happens in Vegas defense.

I could be wrong, of course. I mean, I was absolutely certain there was no way Trump would ever be elected president, so my track record is questionable. My assumption that there won’t be any large scale violence as a result of the indictment(s) may just be wishful thinking. Nonetheless, I find it hard to believe that there will be enough outrage even among hardcore MAGA fuckwits to get them to visit New York City and engage in street violence to defend Trump’s right to hand out cash to porn stars to keep them quiet about his sordid habit of cheating on his multiple wives.

in a new york minute

Look, even the question is stupid. But I keep hearing it. “Could being indicted and arrested actually HELP Trump?”

No.

It’s really that simple. Sure, assuming it happens (and yes, I am assuming it will–and it’s to be hoped it’ll be today because I’ve got my money on today, 22 March, as Indictment Day), it’ll piss off people who already support Trump. Will it suddenly make other voters slap their foreheads and exclaim, “I can NOT believe the government indicted a former president for paying hush money to a moderately successful porn actress to prevent her from talking about their sexual liaison, so now I will absolutely vote for Trump!”

No, it won’t.

Comrade Former-President Donald J. Trump behaving as expected.

There will undoubtedly be some protests by MAGA-hat wearing dolts. There will be an absurd number of news media filming these protests as if the protests are the important story, and they’ll interview the same dozen or so TrumpFlag-wrapped tuna-heads, who’ll repeat the same rancid bullshit. They may even find some guy so desperate for attention that he’ll proclaim he’d give his life for a man who cheated on his third wife shortly after she’d given birth to his fifth child by three different women. But will that translate into more votes in the 2024 election?

Nope.

Trump, of course, has encouraged his followers to protest his arrest (when it happens). He wants his people out on the streets being loud and aggressive. Not necessarily loud and aggressive toward anybody or anything in particular–just loud and aggressive in a generally intimidating way. My guess is he’s hoping there will be some sort of assault on some US institution, just as there was against the US Capitol on January 6th. Because that was an indication of his power. Trump is probably feeling weak right now, and I suspect he’d happily have his people set fire to a courthouse just for that boost in his own self-importance. But his people have seen what happened to the 1/6 insurrectionists. Are there many people willing to act out and risk going to prison just to protest Trump’s right to privacy about an extramarital relationship with porn star?

Naw.

To me, this seems pretty obvious. And yet the New York Times is still reporting idiotic shit like this: “[H]ow he responds to this moment could determine whether he continues to stabilize his standing as the Republican presidential front-runner.” We KNOW how he’ll respond to this. Everybody knows how he’ll respond. He’ll respond to this the same way he responds to everything. He’ll lie. He’ll throw a tantrum. He’ll blame everybody but himself. He’ll threaten. He’ll try to get his supporters to terrorize his detractors. He’ll insult everybody who doesn’t support him. He’ll be the same Comrade Donald Fucking Trump he’s always been. Will it make a difference in his standing in the GOP?

No. No, it won’t.

The Republican Party has fucked itself. They’ve demonstrated they no longer stand for anything, they no longer believe in anything, they no longer respect anything but power. They’ve doused themselves in gasoline and given Trump a cheap-ass BIC lighter. Now they can only hope he won’t burn them all down. Will he?

Yes. Yes, he will. In a fucking New York minute.