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Has Sally Yates been sabotaging Trump’s ‘travel ban’ Executive Order all along?

Acting Attorney General Sally Yates’s breaches of her fundamental duty to carry out the orders of the President and as the US government’s senior law officer to defend her client (the US government) in court, raises the ugly possibility that she may have been in part responsible for the terrible implementation of President Trump’s ‘travel ban’ Executive Order.

Alexander Mercouris

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Confirmation that US President Donald Trump has fired acting Attorney General Sally Yates after she publicly declared in an open letter that the Department of Justice would not defend President Trump’s ‘travel ban’ Executive Order in the courts, comes as no surprise.  On the contrary what would have been astonishing – and concerning – would have been if President Trump hadn’t fired her.

It needs to be said clearly that regardless of one’s views about the Executive Order Sally Yates’s conduct was reprehensible.  As a top government official her job was to carry out loyally the order of her superior – the President of the United States – who is the head of the executive branch.  If she thought the President was acting wrongly and illegally, as the government’s senior law officer her duty was to so advise him, and if he disregarded her advice, to resign.

Instead Sally Yates seems to have taken it on herself to sabotage the President’s policy by publicly prohibiting the Department of Justice’s lawyers from defending it in the courts.

Not only was this a breach of the duty Sally Yates owed the President as a public official to carry out the President’s policy.  It was also a breach of her duty as the government’s senior lawyer to act in the best interests of her client.  It amounts to a lawyer deliberately acting against her own client by refusing to defend him in court and by publicly undermining his case, as opposed to recusing herself if the client insists on acting against her advice and what she thinks is right.

Unfortunately in the fevered atmosphere that has existed in the US since the election it is impossible to avoid speculating about an even uglier possibility.

In my previous article about the Executive Order I said that whilst the Order itself seemed to break no new ground, its implementation has been terrible.

To the extent that Trump’s Executive Order imposes visa bans and limits asylum claims from certain countries for limited periods, or in Syria’s case indefinitely, it seems to me that it breaks no fundamentally new ground. However there have been some other claims: that it turns away people who have already been granted asylum status – or who were about to be – and that it prevents entry to the US of individuals who previously had a right to enter and remain there. There are numerous reports that such things have actually been happening.

If so then all I can say is that there seems to be no permission for such practices in the Executive Order, which so far as I can see takes away no one’s legal right to enter and stay in the US if that right is already granted. Whether an Executive Order can in fact as a matter of law take away such legal rights I do not know but strongly doubt……

If it is possible to make a case for the Executive Order, even its defenders should admit that its implementation has been grossly unjust and chaotic, and that this has caused – and is causing – great hardship to many people.

In that article I speculated that the reason for the dreadful implementation of the Order is that lower ranking officials have not been getting proper guidance from their superiors at early stage in the administration before the new chiefs of department have been able to settle in.

The most important official in providing legal guidance to government workers is of course the Attorney General, who is the government’s senior law officer.  If the Attorney General is openly working to sabotage the President’s policy – as it seems was the case – then there has to be at least a suspicion that she has intentionally either been giving government workers the wrong guidance or – more probably – no guidance at all.

If so, then that might explain the dreadful implementation of the Executive Order, with the inevitable suspicion in that case that it was engineered deliberately.

The liberal US economist Paul Krugman – who was an outspoken supporter of Hillary Clinton during the recent election – has recently written a widely publicised article for The New York Times comparing the supposed danger US democracy is allegedly facing from Donald Trump to the events that led to the fall of the Roman Republic.  It contains the following remarkable paragraphs

Here’s what I learned: Republican institutions don’t protect against tyranny when powerful people start defying political norms. And tyranny, when it comes, can flourish even while maintaining a republican facade.

On the first point: Roman politics involved fierce competition among ambitious men. But for centuries that competition was constrained by some seemingly unbreakable rules. Here’s what Adrian Goldsworthy’s “In the Name of Rome” says: “However important it was for an individual to win fame and add to his and his family’s reputation, this should always be subordinated to the good of the Republic … no disappointed Roman politician sought the aid of a foreign power.”

America used to be like that, with prominent senators declaring that we must stop “partisan politics at the water’s edge.” But now we have a president-elect who openly asked Russia to help smear his opponent, and all indications are that the bulk of his party was and is just fine with that. (A new poll shows that Republican approval of Vladimir Putin has surged even though — or, more likely, precisely because — it has become clear that Russian intervention played an important role in the U.S. election.) Winning domestic political struggles is all that matters, the good of the republic be damned.

As anyone who is genuinely familiar with Roman history knows, the parallel Krugman is making between the fall of the Roman Republic and Russia’s alleged support for Donald Trump in the election is entirely false.  The Roman Republic did not fall because Roman politicians looked to outsiders for help in their domestic political conflicts as Paul Krugman seems to imply.  There was no case of any genuinely prominent Roman politician (not even Mark Antony) ever doing anything like that.

What caused the Roman Republic to fall was that a powerful but self-interested group of wealthy Senators abused constitutional mechanisms in order to preserve its power by blocking necessary reforms urged by politicians they branded “populists”.  On occasion this group turned to assassination (as in the case of the Gracchi), or civil war, and in the case of Julius Caesar (the most famous Roman “populist”of them all) they did both.  As a result they destroyed the Roman people’s faith in the Republic’s institutions and in its ability to govern properly.

I don’t think the situation in the US is – as yet – remotely as bad.  However if Democrats like Sally Yates continue as they have been doing over the last few months it might one day even come to that.

POSTSCRIPT: Since writing the above I have seen the following articleposted by the estimable Luciana Bohne – by Jack Goldsmith, the Henry L. Shattuck Professor at Harvard Law School, co-founder of Lawfare, a Senior Fellow at the Hoover Institution, and co-chair of its Working Group on National Security, Technology, and Law, who makes essentially the same criticism of Sally Yates’s conduct that I do.  If she felt she could not ask Department of Justice lawyers to defend the Executive Order in court for the reasons she says, then her proper course was to resign, not publicly campaign against it whilst sabotaging its enforcement.

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Understanding the Holodomor and why Russia says nothing

A descendant of Holodomor victims takes the rest of us to school as to whether or not Russia needs to shoulder the blame.

Seraphim Hanisch

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One of the charges that nationalist Ukrainians often lodge against their Russian neighbors is that the Russian government has never acknowledged or formally apologized to Ukraine for the “Holodomor” that took place in Ukraine in 1932-1933. This was a man-made famine that killed an estimated seven to 10 million Ukrainians , though higher estimates claim 12.5 million and lower ones now claim 3.3 million.

No matter what the total was, it amounts to a lot of people that starved to death. The charge that modern-day Russia ought to apologize for this event is usually met with silence, which further enrages those Ukrainians that believe that this issue must be resolved by the Russian acknowledgement of responsibility for it. Indeed, the prime charge of these Ukrainians is that the Russians committed a genocide against the Ukrainian people. This is a claim Russia denies.

To the outside observer who does not know this history of Russia and Ukraine’s relationship, and who does not know or understand the characteristics of the Soviet Union, this charge seems as simple and laid out as that of the Native Americans or the blacks demanding some sort of recompense or restitution for the damages inflicted on these societies through conquest and / or slavery. But we discovered someone who had family connections involved in the Holodomor, and who offers her own perspective, which is instructive in why perhaps the Russian Federation does not say anything about this situation.

Scene in Kharkiv with dead from the famine 1932-33 lying along the street.

The speaker is Anna Vinogradova, a Russian Israeli-American, who answered the question through Quora of “Why doesn’t Russia recognize the Holodomor as a genocide?” She openly admits that she speaks only for herself, but her answer is still instructive. We offer it here, with some corrections for the sake of smooth and understandable English:

I can’t speak for Russia and what it does and doesn’t recognize. I can speak for myself.

I am a great-granddaughter of a “Kulak” (кулак), or well-to-do peasant, who lived close to the Russia/Ukraine border.

The word “кулак” means “fist” in Russian, and it wasn’t a good thing for a person to be called by this label. A кулак was an exploiter of peasants and a class enemy of the new state of workers and poor peasants. In other words, while under Communism, to be called a кулак was to bring a death sentence upon yourself.

At some point, every rural class enemy, every peasant who wasn’t a member of a collective farm was eliminated one way or another.

Because Ukraine has very fertile land and the Ukrainian style of agriculture often favors individual farms as opposed to villages, there is no question that many, many Ukrainian peasants were considered class enemies like my great grandfather, and eliminated in class warfare.

I have no doubt that class warfare included starvation, among other things.

The catch? My great grandfather was an ethnic Russian living in Russia. What nationality were the communists who persecuted and eventually shot him? They were of every nationality there was (in the Soviet Union), and they were led by a Ukrainian, who was taking orders from a Georgian.

Now, tell me, why I, a descendant of an unjustly killed Russian peasant, need to apologize to the descendants of the Ukrainians who killed him on the orders of a Georgian?

What about the Russian, Kazakh golodomor (Russian rendering of the same famine)? What about the butchers, who came from all ethnicities? Can someone explain why it’s only okay to talk about Ukrainian victims and Russian persecutors? Why do we need to rewrite history decades later to convert that brutal class war into an ethnic war that it wasn’t?

Ethnic warfare did not start in Russia until after WWII, when some ethnicities were accused of collaboration with the Nazis and brutal group punishments were implemented. It was all based on class up to that time.

The communists of those years were fanatically internationalist. “Working people of all countries, unite!” was their slogan and they were fanatical about it.

As for the crimes of Communism, Russia has been healing this wound for decades, and Russia’s government has made its anticommunist position very clear.

This testimony is most instructive. First, it points out information that the charge of the Holodomor as “genocide!” neatly leaves out. In identifying the internationalist aspects of the Soviet Union, Ukraine further was not a country identified as somehow worthy of genocidal actions. Such a thought makes no sense, especially given the great importance of Ukraine as the “breadbasket” of the Soviet Union, which it was.

Secondly, it shows a very western-style of “divide to conquer” with a conveniently incendiary single-word propaganda tool that is no doubt able to excite any Ukrainian who may be neutral to slightly disaffected about Russia, and then after that, all Ukrainians are now victims of the mighty evil overlords in Moscow.

How convenient is this when the evil overlords in Kyiv don’t want their citizens to know what they are doing?

We saw this on Saturday – taken to a very high peak when President Petro Poroshenko announced the new leading “Hierarch” of the “Ukrainian National Church” and said not one single word about Christ, but only:

“This day will go down in history as the day of the creation of an autocephalous Orthodox church in Ukraine… This is the day of the creation of the church as an independent structure… What is this church? It is a church without Putin. It is a church without Kirill, without prayer for the Russian authorities and the Russian army.”

But as long as Russia is made the “problem”, millions of scandalized Ukrainians will not care what this new Church actually does or teaches, which means it is likely to teach just about anything.

Russia had its own Holodomor. The history of the event shows that this was a result of several factors – imposed socialist economics on a deeply individualized form of agrarian capitalism (bad for morale and worse for food production), really inane centralized planning of cropland use, and a governmental structure that really did not exist to serve the governed, but to impose an ideology on people who really were not all that interested in it.

Personal blame might well lay with Stalin, a Georgian, but the biggest source of the famine lay in the structures imposed under communism as a way of economic strategy. This is not Russia’s fault. It is the economic model that failed.

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Mueller Finally Releases Heavily Redacted Key Flynn Memo On Eve Of Sentencing

Alex Christoforou

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Via Zerohedge


Having initially snubbed Judge Emmet Sullivan’s order to release the original 302 report from the Michael Flynn interrogation in January 2017, Special Counsel Robert Mueller has finally produced the heavily redacted document, just hours before sentencing is due to be handed down.

The memo  – in full below – details then-national security adviser Michael Flynn’s interview with FBI agents Peter Strzok and Joe Pientka, and shows Flynn was repeatedly asked about his contacts with former Russian Ambassador Sergey Kislyak and in each instance, Flynn denied (or did not recall) any such conversations.

The agents had transcripts of Flynn’s phone calls to Russian Ambassador Kislyak, thus showing Flynn to be lying.

Flynn pleaded guilty guilty last December to lying to the FBI agents about those conversations with Kislyak.

The redactions in the document seem oddly placed but otherwise, there is nothing remarkable about the content…

Aside from perhaps Flynn’s incredulity at the media attention…

Flynn is set to be sentenced in that federal court on Tuesday.

Of course, as Christina Laila notes, the real crime is that Flynn was unmasked during his phone calls to Kislyak and his calls were illegally leaked by a senior Obama official to the Washington Post.

*  *  *

Full document below…

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Don’t Laugh : It’s Giving Putin What He Wants

The fact of the matter is that humorous lampooning of western establishment Russia narratives writes itself.

Caitlin Johnstone

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Authored by Caitlin Johnstone:


The BBC has published an article titled “How Putin’s Russia turned humour into a weapon” about the Kremlin’s latest addition to its horrifying deadly hybrid warfare arsenal: comedy.

The article is authored by Olga Robinson, whom the BBC, unhindered by any trace of self-awareness, has titled “Senior Journalist (Disinformation)”. Robinson demonstrates the qualifications and acumen which earned her that title by warning the BBC’s audience that the Kremlin has been using humor to dismiss and ridicule accusations that have been leveled against it by western governments, a “form of trolling” that she reports is designed to “deliberately lower the level of discussion”.

“Russia’s move towards using humour to influence its campaigns is a relatively recent phenomenon,” Robinson explains, without speculating as to why Russians might have suddenly begun laughing at their western accusers. She gives no consideration to the possibility that the tightly knit alliance of western nations who suddenly began hysterically shrieking about Russia two years ago have simply gotten much more ridiculous and easier to make fun of during that time.

Couldn’t possibly have anything to do with the emergence of a demented media environment wherein everything around the world from French protests to American culture wars to British discontent with the European Union gets blamed on Russia without any facts or evidence. Wherein BBC reporters now correct guests and caution them against voicing skepticism of anti-Russia narratives because the UK is in “an information war” with that nation. Wherein the same cable news Russiagate pundit can claim that both Rex Tillerson’s hiring and his later firing were the result of a Russian conspiracy to benefit the Kremlin. Wherein mainstream outlets can circulate blatantly false information about Julian Assange and unnamed “Russians” and then blame the falseness of that reporting on Russian disinformation. Wherein Pokemon Go, cutesy Facebook memes and $4,700 in Google ads are sincerely cited as methods by which Hillary Clinton’s $1.2 billion presidential campaign was outdone. Wherein conspiracy theories that Putin has infiltrated the highest levels of the US government have been blaring on mainstream headline news for two years with absolutely nothing to show for it to this day.

Nope, the only possibility is that the Kremlin suddenly figured out that humor is a thing.

The fact of the matter is that humorous lampooning of western establishment Russia narratives writes itself. The hypocrisy is so cartoonish, the emotions are so breathlessly over-the-top, the stories so riddled with plot holes and the agendas underlying them so glaringly obvious that they translate very easily into laughs. I myself recently authored a satire piece that a lot of people loved and which got picked up by numerous alternative media outlets, and all I did was write down all the various escalations this administration has made against Russia as though they were commands being given to Trump by Putin. It was extremely easy to write, and it was pretty damn funny if I do say so myself. And it didn’t take any Kremlin rubles or dezinformatsiya from St Petersburg to figure out how to write it.

“Ben Nimmo, an Atlantic Council researcher on Russian disinformation, told the BBC that attempts to create funny memes were part of the strategy as ‘disinformation for the information age’,” the article warns. Nimmo, ironically, is himself intimately involved with the British domestic disinformation firm Integrity Initiative, whose shady government-sponsored psyops against the Labour Party have sparked a national scandal that is likely far from reaching peak intensity.

“Most comedy programmes on Russian state television these days are anodyne affairs which either do not touch on political topics, or direct humour at the Kremlin’s perceived enemies abroad,” Robinson writes, which I found funny since I’d just recently read an excellent essay by Michael Tracey titled “Why has late night swapped laughs for lusting after Mueller?”

“If the late night ‘comedy’ of the Trump era has something resembling a ‘message,’ it’s that large segments of the nation’s liberal TV viewership are nervously tracking every Russia development with a passion that cannot be conducive to mental health – or for that matter, political efficacy,” Tracey writes, documenting numerous examples of the ways late night comedy now has audiences cheering for a US intelligence insider and Bush appointee instead of challenging power-serving media orthodoxies as programs like The Daily Show once did.

If you wanted the opposite of “anodyne affairs”, it would be comedians ridiculing the way all the establishment talking heads are manipulating their audiences into supporting the US intelligence community and FBI insiders. It would be excoriating the media environment in which unfathomably powerful world-dominating government agencies are subject to less scrutiny and criticism than a man trapped in an embassy who published inconvenient facts about those agencies. It certainly wouldn’t be the cast of Saturday Night Live singing “All I Want for Christmas Is You” to a framed portrait if Robert Mueller wearing a Santa hat. It doesn’t get much more anodyne than that.

Russia makes fun of western establishment narratives about it because those narratives are so incredibly easy to make fun of that they are essentially asking for it, and the nerdy way empire loyalists are suddenly crying victim about it is itself more comedy. When Guardian writer Carole Cadwalladr began insinuating that RT covering standard newsworthy people like Julian Assange and Nigel Farage was a conspiracy to “boost” those people for the advancement of Russian agendas instead of a news outlet doing the thing that news reporting is, RT rightly made fun of her for it. Cadwalladr reacted to RT’s mockery with a claim that she was a victim of “attacks”, instead of the recipient of perfectly justified ridicule for circulating an intensely moronic conspiracy theory.

Ah well. People are nuts and we’re hurtling toward a direct confrontation with a nuclear superpower. Sometimes there’s nothing else to do but laugh. As Wavy Gravy said, “Keep your sense of humor, my friend; if you don’t have a sense of humor it just isn’t funny anymore.”

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