Trump

The Russia Hoax was originally aimed at Flynn, not Trump.

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I am more and more coming around to the opinion of David Goldman and Michael Ledeen.

The Russia hoax was aimed at Michael Flynn and his role as a Trump advisor.

It was all about General Flynn. I think it began on the battlefields of Iraq and Afghanistan, when Flynn changed the way we did intelligence against the likes of Zarqawi, bin Laden, the Taliban, and their allies.

General Flynn saw that our battlefield intelligence was too slow. We collected information from the Middle East and sent it back to Washington, where men with stars on their shoulders and others at the civilian intel agencies chewed it over, decided what to do, and sent instructions back to the war zone. By the time all that happened, the battlefield had changed. Flynn short-circuited this cumbersome bureaucratic procedure and moved the whole enterprise to the war itself. The new methods were light years faster. Intel went to local analysts, new actions were ordered from men on the battlefield (Flynn famously didn’t care about rank or status) and the war shifted in our favor.

I read Dakota Meyer’s book. He was denied permission to accompany his Civil Affairs unit into an Afghan village because he was being punished for shooting at Taliban tribesmen firing mortar rounds into his base camp. The reason ? They were “not in uniform.” The ROE of the Obama administration saved his life as the unit he should have been with was ambushed and killed. He made attempts to rescue them, resulting in his award the Medal of Honor.

On 8 September 2009, near the village of Ganjgal, Meyer learned that three Marines and a Navy Corpsman, who were members of Meyer’s squad and his friends, were missing after being ambushed by a group of insurgents. Under enemy fire, Meyer entered an area known to be inhabited by insurgents and eventually found the four missing servicemen dead and stripped of their weapons, body armor and radios. There he saw a Taliban fighter trying to take the bodies. The fighter tackled Meyer, and after a brief scuffle, Meyer grabbed a baseball-sized rock and beat the fighter to death.[8] With the help of Afghan soldiers, he moved the bodies to a safer area where they could be extracted.[9] During his search, Meyer “personally evacuated 12 friendly wounded and provided cover for another 24 Marines and soldiers to escape likely death at the hands of a numerically superior and determined foe.”

In his account of the battle in his book, he relates how it took hours to get permission for artillery to respond to the ambush.

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Seth Barrett Tillman: Brexit, the Extension, and Academia

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I suggest that it is not wrong for this prime minister or any prime minister to criticize her predecessors, cabinet colleagues, back benchers, or fellow members of parliament—in private or in public. Going over the heads of members of parliament by calling a snap election or engaging in political speech is precisely what is meant by normal democratic politics. Seeking to constrain normal democratic politics by characterizing it as abnormal is precisely the sort of behaviour that made Brexit possible—if not an existential necessity to secure democratic rights for ordinary voters.
 
[. . .]
 
Professor AAA thinks an elected Prime Minister’s trying to pass a cabinet programme by directly speaking to her nation’s people is somehow a wrong—a threat. And that is why millions of people voted for Brexit, and—I might add—why millions of people voted for: Donald J. Trump.

Read Seth’s post.

Reagan made his case directly to the voters by giving speeches which the networks were forced to broadcast unfiltered. Trump does the same thing by using Twitter. Trump’s critics respond as did Reagan’s, by trying to discredit the speaker and distract attention from his message. Trump’s critics are unsuccessful in doing this, as were Reagan’s.

Seth Barrett Tillman: Part VI: DC & MD v Trump—Can the President of the United States get Married or Divorced?

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Here is another question: What if President Trump and his wife should choose to go their separate ways? Can the President seek a divorce? Getting a divorce is not a de minimis benefit. Getting a divorce, especially with concomitant determinations about the division of marital property, calls for judicial discretion—so I guess, under Plaintiffs’ theory, the President must remain married as long as he is President. Tough luck Melania! Under Plaintiffs’ theory, the President cannot get a divorce in a federal court—as that would be an “emolument” from the federal government beyond his regular presidential compensation (and so purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a state court—as that would be an “emolument” from a state government (again, purportedly precluded under the Domestic Emoluments Clause). He cannot get a divorce from a foreign court—as that would be a foreign “emolument” (and so purportedly precluded under the Foreign Emoluments Clause). Trump just can’t catch a break!

Great stuff.

Seth Barrett Tillman: Trump’s 7% Panel

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In the Fourth Circuit, 3 judges have D/R or R/D appointments (i.e., CJ Gregory, Traxler & Floyd). 8 of the 18 have R or R-only appointments. 7 of the 18 have D or D-only appointments. The chances of drawing a strictly R-only panel of judges are 8/18*7/17*6/16 = 7%.
Not that it matters.
7%
Did I tell you?: only 7%.

Seth runs the numbers. His post is worth reading in full, as usual.

Seth Barrett Tillman: Part V: The Mystery of DC & MD v Trump

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I do not know why Judge Messitte took this course of action. But if I had to guess this is what I would say. Judge Messitte denied the President his day in court, and when it looked like the President’s counsel was going to get his day in front of another court, Judge Messitte actively sought to frustrate those efforts. To put it another way, Judge Messitte, and all the parties, and all the amici, and all sophisticated observers know—we all know that this lawsuit was not brought by Plaintiffs in the hopes of prevailing on the merits. Plaintiffs would be happy with such a victory if it should come their way, but that is not why they brought this lawsuit. This lawsuit’s primary goal was and remains an effort by Plaintiffs to get discovery against Trump and his commercial entities—to see what (if anything) shakes out. The discovery in this lawsuit ordered by Judge Messitte was put on hold during the appeals process, and when Judge Messitte saw that his efforts to get discovery were being frustrated by the President’s counsel’s filing an appeal, Judge Messitte advised the Plaintiffs how (they might try) to lock the case out of the court of appeals and to put it back in his bailiwick where discovery could proceed, even where he refuses to rule promptly on threshold motions. Again, the President is not litigating against the Plaintiffs: they are little more than passive observers in this action. It appears to me that this litigation is, in reality, between Judge Messitte* and President Trump. Of course, that is all just guesswork on my part.

Read the entire post.