Palmer Report: Donald Trump’s Orwellian nightmare goes off the rails

“President” Donald Trump recently referred to Tim Cook, CEO of Apple, as “Tim Apple.” Not a big deal, people make mistakes on names and places, and they laugh and correct themselves. Not “Orwell Lie Until I Turn Redenbacher” Trump. Trump cannot admit a mistake, rather, he wants his Cult 45 to ignore reality and yell “Fake News” and deny reality. Over the weekend, after making the mistake, Trump insisted that he’d called him “Tim Cook of Apple” and that no one heard him correctly. Chris Hayes on MSNBC on Monday night played the statement in slow time and nope, no “Cook” in between Tim and Apple. Again, no big deal, but no reason to lie.


When you are Corruptus Maximus with your entire orbit of stench and swamp surrounding you, you continue to lie. George Orwell warned us in his novel, 1984, alerting us: “The party told you to reject the evidence of your eyes and ears. It was their final, most essential command.” Trump has told his followers similar things, but we are living in it every day, twenty-four hours a day.




It is not just Trump. Erik “Dark” Prince was interviewed recently, as reported by Palmer Report. When pushed on his not disclosing a meeting at Trump Tower about Iran policy with Donald Trump, Jr. and a UAE lobbyist, Price had the audacity to assert that he had told Congress about it, and that the transcript was incorrect. Bet you a mercenary force engagement he did not answer that question truthfully.




On Monday, Trump finally changed his story, tweeting: “At a recent round table meeting of business executives, & long after formally introducing Tim Cook of Apple, I quickly referred to Tim + Apple as Tim/Apple as an easy way to save time & words. The Fake News was disparagingly all over this, & it became yet another bad Trump story!”



Donald Trump lies about his lies. This is a man who talked drivel and proverbial BS for more than two hours last weekend, and yet he claims to have saved time by condensing four words (“Tim Cook of Apple”) to two words (“Tim Apple”) to save time and words. Believe what you see and hear – the Corruptus Maximus is exactly what he appears to be.



The post Donald Trump’s Orwellian nightmare goes off the rails appeared first on Palmer Report.

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“trump anxiety” – Google News: Trump budget boosts military and border wall, targets social programs – Japan Today

Trump budget boosts military and border wall, targets social programs  Japan Today

President Donald Trump on Monday called for spending more money on the military and a U.S.-Mexico border wall while overhauling social programs for the …

“trump anxiety” – Google News

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“Abedin” – Google News: Columbus weekend violence: one dead, four wounded in multiple shootings – The Columbus Dispatch

Columbus weekend violence: one dead, four wounded in multiple shootings  The Columbus Dispatch

A 59-year-old man killed in North Linden Sunday night, near the end of an unusually violent weekend in Columbus, has been identified.Rodney Nathaniel Wade …

“Abedin” – Google News

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“trump authoritarianism” – Google News: The double standards of our campus left – CU Columbia Spectator

The double standards of our campus left  CU Columbia Spectator

Groggily sloshing through Brooklyn’s streets and nursing a mild hangover with an Egg McMuffin in hand, I was as excited as I could be at 9 a.m. to attend Bernie …

“trump authoritarianism” – Google News

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“Elections 2016 Investigation” – Google News: Federal investigators issue subpoenas in 9th district voter fraud investigation – CBS17.com

Federal investigators issue subpoenas in 9th district voter fraud investigation  CBS17.com

According to a copy of the subpoena sent to the NCSBE, which was issued last Wednesday, the case is being investigated by the FBI’s office in Cary.

“Elections 2016 Investigation” – Google News

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“trump and intelligence community” – Google News: Говорит Москва: Democrats put focus on Russia, Trump – Atlanta Journal Constitution

Говорит Москва: Democrats put focus on Russia, Trump  Atlanta Journal Constitution

Democrats in the U.S. House will try to send an unmistakable message to President Donald Trump on the issue of relations with Russia this week on Capitol Hill, …

“trump and intelligence community” – Google News

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“Trump and the Mob” – Google News: Breaking: Tucker Ocasio-Cortez previews the Mueller Report – Washington Examiner

Breaking: Tucker Ocasio-Cortez previews the Mueller Report  Washington Examiner

Some news days remind me of that Yogi Berra line about the restaurant where “nobody goes there anymore; it’s too crowded.”

“Trump and the Mob” – Google News

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“Elections 2016 Investigation” – Google News: New York Attorney General Opens Investigation of Trump Projects – New York Times

New York Attorney General Opens Investigation of Trump Projects  New York Times

Deutsche Bank and Investors Bank were issued subpoenas for documents relating to hotels, a golf resort and the failed effort to buy the Buffalo Bills.

“Elections 2016 Investigation” – Google News

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“trump criminal investigation” – Google News: New York Attorney General Opens Investigation of Trump Projects – New York Times

New York Attorney General Opens Investigation of Trump Projects  New York Times

Deutsche Bank and Investors Bank were issued subpoenas for documents relating to hotels, a golf resort and the failed effort to buy the Buffalo Bills.

“trump criminal investigation” – Google News

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Palmer Report: Roger Stone just blew it with the judge

Last week, Judge Amy Berman Jackson gave Roger Stone and his lawyers until today to explain why they never bothered to tell her that Stone was releasing a book about the criminal case against him, which appears to be in violation of his gag order. Stone and his legal team filed a response just now, and suffice it to say that they blew it.


The judge laid out several specific questions about the timing and circumstances of how the book launch came together. In response, Roger Stone’s lawyers are insisting that this is merely a newly released edition of an existing book, and that Stone wasn’t aware it had been re-released until he found out from a friend that it was newly on sale in bookstores. Okay, unlikely, but theoretically plausible. Then they blew it.




Here’s what Roger Stone’s lawyers said in conclusion in the lengthy new filing: “There was/is no intention to hide anything. The new introduction, post February 21, 2019, presented a question we tried, obviously clumsily, to address. Having been scolded, we seek only to defend Mr. Stone and move ahead without further ado.” Wait, what?




When a federal judge is trying to make a decision about whether to throw you in jail through the end of your trial, and she’s already reluctantly given you a few earlier chances, which you also blew, the last thing you want to do is to talk condescendingly to the judge, and belittle her concerns. This court filing sounds like a punk kid trying to look cool after he got in trouble with the teacher. It won’t fly.



Roger Stone may be newly emboldened by the fact that his longtime friend and partner in crime Paul Manafort recently received an overly lenient four year sentence from crackpot Judge TS Ellis. But there is no indication that Judge Jackson sees Stone in any sort of sympathetic light. Stone is playing with fire here, and he just blew it. Now we’ll find out on Thursday how badly he’s blown it, when the judge issues her ruling.



The post Roger Stone just blew it with the judge appeared first on Palmer Report.

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“trump russia ties” – Google News: UN probing North Korea sanctions violations in 20 countries – NBC Montana

UN probing North Korea sanctions violations in 20 countries  NBC Montana

UNITED NATIONS (AP) — U. N. experts say they are investigating possible violations of United Nations sanctions on North Korea in about 20 countries, from …

“trump russia ties” – Google News

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“trump russian ties” – Google News: UN probing North Korea sanctions violations in 20 countries – NBC Montana

UN probing North Korea sanctions violations in 20 countries  NBC Montana

UNITED NATIONS (AP) — U. N. experts say they are investigating possible violations of United Nations sanctions on North Korea in about 20 countries, from …

“trump russian ties” – Google News

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“donald trump russia” – Google News: UN probing North Korea sanctions violations in 20 countries – NBC Montana

UN probing North Korea sanctions violations in 20 countries  NBC Montana

UNITED NATIONS (AP) — U. N. experts say they are investigating possible violations of United Nations sanctions on North Korea in about 20 countries, from …

“donald trump russia” – Google News

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“roger stone” – Google News: Roger Stone’s Attorneys Respond to Ticked Off Judge: Sorry We Gave You the Wrong Idea About the Book – Law & Crime

Roger Stone’s Attorneys Respond to Ticked Off Judge: Sorry We Gave You the Wrong Idea About the Book  Law & Crime

U.S. District Judge Amy Berman Jackson ordered Roger Stone and his lawyers to file a status report by today “detailing his efforts to come into compliance” with …

“roger stone” – Google News

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Palmer Report: The real reason putting the 2020 Democratic National Convention in Milwaukee is such a brilliant move

The Democratic Party announced today that its 2020 Democratic National Convention will be held in Milwaukee, Wisconsin. This is a brilliant move, but it has nothing to do with the fact that Hillary Clinton lost Wisconsin in 2016, and everything to do with the manner in which the media portrayed the 2016 election, and how the media will portray the 2020 election.

If you’ve been paying attention to the facts, as opposed to the ongoing media hype, you know that Hillary Clinton had every reason not to campaign in Wisconsin. The internal and external polls told her that it was a safe state, so it would have been stupid to waste time campaigning in a state she knew she would win. Instead she spent that time in the states that she knew could have gone either way.

And if you’ve truly been paying attention, you know that Donald Trump only “won” Wisconsin and a few other key swing states because he conspired with the Russians to alter the outcome. The polls ended up being accurate in every state, except for those few swing states. Polls don’t naturally work that way; it’s obvious that the results in those specific states were altered. How was it done? Just ask the Senate Intelligence Committee, which quietly released a bipartisan report a year ago which confirmed that Russian hackers got into swing state voter registration databases just before the election, and were in position to delete voter registrations.

So yeah, Hillary Clinton didn’t make a mistake by skipping over Wisconsin, unless she was supposed to have had a crystal ball to tell her what the Russian hackers were specifically up to. But that doesn’t matter anymore. Even as the media has spent the past two years very gradually starting to admit that Donald Trump didn’t legitimately win the election, the media is still as obsessed as ever with pushing the narrative that Hillary blew it. This is because the media, which pushed endless phony scandals about Hillary in a blatant grab for ratings, knows it’s partly to blame for Trump being in power, and will never admit it.


Because the media will forever bang the phony drum about Hillary having blown it by not visiting Wisconsin, the general public now believes it. Even a lot of Democratic voters have fallen for this nonsense. And there’s nothing that can be done to correct this false narrative, because the media will always double down on it. This leaves only one option: play into it.




Because the Democrats have decided to hold their 2020 convention in Wisconsin, the media can’t push the narrative that the Democrats are “still ignoring white working class voters.” Instead the media will smugly say something along the lines of “Wow, the Democrats are finally learning from the imaginary mistakes they made in 2016.” The media will get to falsely pat itself on the back, but so what? The Democrats will shut down one of the talking points that the media was planning to use against them in 2020.




Will holding the 2020 Democratic National Convention in Milwaukee cause more people in Wisconsin to vote for the Democrat in the 2020 election? Of course not. That’s not how anything works. There is no historical evidence that holding your convention in a state has resulted in better than expected election results in that state. But because the media will loudly praise the Democrats for holding their convention in Wisconsin, it’ll cause more people to vote Democrat nationwide. That’s how it works. The people in the middle vote for whichever candidate and party the media is beating up the least.



You can’t earnestly beg the media to stop pushing its ratings-friendly phony narratives. You can only shake up the chess board so the media has no choice but to abandon those phony narratives. The Republicans have long been particularly good at this, even if they’re not good at anything else. It’s refreshing to see the Democrats finally understanding how to play the media at its own game.



The post The real reason putting the 2020 Democratic National Convention in Milwaukee is such a brilliant move appeared first on Palmer Report.

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“elections 2016 russian ads on social media” – Google News: Tucker Carlson Loses Advertiser AstraZeneca Over Past Comments About Statutory Rape, Women – Yahoo News

Tucker Carlson Loses Advertiser AstraZeneca Over Past Comments About Statutory Rape, Women  Yahoo News

Pharmaceutical company AstraZeneca is the first advertiser to say it will drop Tucker Carlson’s Fox News show following the release of old recordings in which …

“elections 2016 russian ads on social media” – Google News

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“Donald Trump Jr. Wikileaks” – Google News: Pelosi: Impeaching Trump ‘just not worth it’ – FOX 45 NOW

Pelosi: Impeaching Trump ‘just not worth it’  FOX 45 NOW

WASHINGTON (AP) — House Speaker Nancy Pelosi is setting a high bar for impeachment of President Donald Trump, saying he is “just not worth it” even as …

“Donald Trump Jr. Wikileaks” – Google News

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Palmer Report: Donald Trump’s Space Force just took a Space Dump


So many officials resigned from Donald Trump’s failing regime last week, it’s taken a minute to sort out the meaning and impact of each of the rats leaving the sinking ship. One of those departures was Air Force Secretary Heather Wilson, which went largely unnoticed, perhaps because the average American doesn’t even know there’s a Secretary of the Air Force. But this move spells bad news for one of Trump’s biggest pipe dreams.




What is Space Force? No one knows. That’s partly because Donald Trump can’t come close to articulating what Space Force is supposed to do, and partly because – like his imaginary border wall and so many other of his nonsensical ideas – there is no tangible evidence that the Space Force concept is being advanced in any way. We do know, however, that Heather Wilson was in charge of the imaginary Space Force.




Donald Trump just released an imaginary budget that includes major funding for Space Force, which helps put Secretary Wilson’s abrupt resignation in context. Trump desperately wants to move ahead with Space Force – or more accurately he wants to allocate billions of dollars for the imaginary project and then shove the money into his friends’ pockets – and she apparently wanted nothing to do with the scam.



So yeah, maybe now Donald Trump can find someone more corrupt to be his new Secretary of the Air Force, or his new acting Secretary of the Air Force, since he no longer believes in bothering to get Senate confirmation for these positions. But the reality is that the person in charge of the imaginary Space Force just resigned. That’s never a good sign when it comes to trying to dupe the public into believing that an imaginary project needs to be well funded.



The post Donald Trump’s Space Force just took a Space Dump appeared first on Palmer Report.

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“2016 Presidential Election Investigation” – Google News: Mueller probe already financed through September – officials – euronews

Mueller probe already financed through September – officials  euronews

By Mark Hosenball WASHINGTON (Reuters) – Special Counsel Robert Mueller and the team he assembled to investigate U.S. President Donald Trump and his …

“2016 Presidential Election Investigation” – Google News

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“Conspiracy Against US” – Google News: A lesson in Russian disinformation from the pages of a 1982 TV Guide – KRTV Great Falls News

A lesson in Russian disinformation from the pages of a 1982 TV Guide  KRTV Great Falls News

Long before there were online trolls, and before Mark Zuckerberg was even born, Russian disinformation was enough of a worry in the US that it made the cover …

“Conspiracy Against US” – Google News

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Trump News TV from Michael_Novakhov (9 sites): FoxNewsChannel’s YouTube Videos: Pelosi shies away from impeaching Trump in new interview


From: FoxNewsChannel
Duration: 02:44

Pelosi calls the move for impeachment ‘divisive to the country’; reaction and analysis on ‘The Five.’ #TheFive #FoxNews

FOX News Channel (FNC) is a 24-hour all-encompassing news service dedicated to delivering breaking news as well as political and business news. The number one network in cable, FNC has been the most watched television news channel for more than 16 years and according to a Suffolk University/USA Today poll, is the most trusted television news source in the country. Owned by 21st Century Fox, FNC is available in more than 90 million homes and dominates the cable news landscape, routinely notching the top ten programs in the genre.

Subscribe to Fox News! https://bit.ly/2vBUvAS
Watch more Fox News Video: http://video.foxnews.com
Watch Fox News Channel Live: http://www.foxnewsgo.com/

Watch full episodes of your favorite shows
The Five: http://video.foxnews.com/playlist/longform-the-five/
Special Report with Bret Baier: http://video.foxnews.com/playlist/longform-special-report/
The Story with Martha Maccallum: http://video.foxnews.com/playlist/longform-the-story-with-martha-maccallum/
Tucker Carlson Tonight http://video.foxnews.com/playlist/longform-tucker-carlson-tonight/
Hannity http://video.foxnews.com/playlist/longform-hannity/
The Ingraham Angle: http://video.foxnews.com/playlist/longform-the-ingraham-angle/
Fox News @ Night: http://video.foxnews.com/playlist/longform-fox-news-night/

Follow Fox News on Facebook: https://www.facebook.com/FoxNews/
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FoxNewsChannel’s YouTube Videos

Trump News TV from Michael_Novakhov (9 sites)

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“FBI politicization” – Google News: Sen. John Kennedy: When the FBI Knocks at Your Door, ‘You Shouldn’t Have to Worry About Whether You’re a Democrat or Republican’ – CNSNews.com

Sen. John Kennedy: When the FBI Knocks at Your Door, ‘You Shouldn’t Have to Worry About Whether You’re a Democrat or Republican’  CNSNews.com

Sen. John Kennedy (R-La.) told CBS’s “Face the Nation” on Sunday that former acting FBI Director Andrew McCabe and others are responsible for politicizing …

“FBI politicization” – Google News

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Trump News TV from Michael_Novakhov (9 sites): CBSNewsOnline’s YouTube Videos: How insurers use consumers’ “big data”


From: CBSNewsOnline
Duration: 01:11

Consumer advocates say insurers are gaining unfair advantages in marketing, pricing and evaluating claims.

Subscribe to the CBS News Channel HERE: http://youtube.com/cbsnews
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Get the latest news and best in original reporting from CBS News delivered to your inbox. Subscribe to newsletters HERE: http://cbsn.ws/1RqHw7T

Get your news on the go! Download CBS News mobile apps HERE: http://cbsn.ws/1Xb1WC8

Get new episodes of shows you love across devices the next day, stream CBSN and local news live, and watch full seasons of CBS fan favorites like Star Trek Discovery anytime, anywhere with CBS All Access. Try it free! http://bit.ly/1OQA29B


CBSN is the first digital streaming news network that will allow Internet-connected consumers to watch live, anchored news coverage on their connected TV and other devices. At launch, the network is available 24/7 and makes all of the resources of CBS News available directly on digital platforms with live, anchored coverage 15 hours each weekday. CBSN. Always On.

CBSNewsOnline’s YouTube Videos

Trump News TV from Michael_Novakhov (9 sites)

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Trump News TV from Michael_Novakhov (9 sites): CBSNewsOnline’s YouTube Videos: Sanders questioned about Trump payments to Michael Cohen


From: CBSNewsOnline
Duration: 05:40

White House press secretary Sarah Sanders said during a briefing Monday that she was not aware of the specifics regarding alleged payments from President Trump to former attorney Michael Cohen while Mr. Trump was in office. CBS News Washington correspondent Paula Reid, who asked Sanders about the payments, joins CBSN with more.

CBSNewsOnline’s YouTube Videos

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Trump Investigations – Saved Stories from Michael_Novakhov (4 sites): Saved Stories – Trump Investigations: Twitter Users Drag Trump For Saying National Emergency Vote Is Not About Constitution

One Twitter user suggested the president’s tweet is a sign he’s worried.

Saved Stories – Trump Investigations

Trump Investigations – Saved Stories from Michael_Novakhov (4 sites)

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Trump Investigations – Saved Stories from Michael_Novakhov (4 sites): Saved Stories – Trump Investigations: “fbi surveillance” – Google News: If the Feds Have Stopped Snooping on Our Phone Records, Watch Out for the Anti-Encryption Propaganda – Hit & Run

If the Feds Have Stopped Snooping on Our Phone Records, Watch Out for the Anti-Encryption Propaganda – Hit & Run : Reason.com  Reason

Backdoors into your texts and private message provide far more information than your phone metadata.

“fbi surveillance” – Google News

Saved Stories – Trump Investigations

Trump Investigations – Saved Stories from Michael_Novakhov (4 sites)

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“Conspiracy Against US” – Google News: After 47-Month Sentence, Paul Manafort Back In Court This Week – WBUR

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1. Trump Investigation – Mike Flynn from Michael_Novakhov (9 sites): “Mike Flynn” – Google News: WSU’s Robert Franks and CJ Elleby of Pick up All-Pac-12 Honors – KGMI

WSU’s Robert Franks and CJ Elleby of Pick up All-Pac-12 Honors  KGMI

Washington State University men’s basketball senior Robert Franks has been named First Team All-Pac-12 and CJ Elleby has been named to the Pac-12 …

“Mike Flynn” – Google News

1. Trump Investigation – Mike Flynn from Michael_Novakhov (9 sites)

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“trump and russia” – Google News: Trump administration sanctions Russia-based bank for its work in Venezuela – WPLG Local 10

Trump administration sanctions Russia-based bank for its work in Venezuela  WPLG Local 10

The Trump administration imposed sanctions Monday on a Moscow-based bank jointly owned by Russian and Venezuelan state-owned companies, …

“trump and russia” – Google News

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“organized crime and intelligence” – Google News: Politics And BBQ in Austin 03/11/2019 – MediaPost Communications

Politics And BBQ in Austin 03/11/2019  MediaPost Communications

I only go to Texas once a year. Lucky for me, my trip to Austin coincides with thousand of other people all traipsing through the Austin-Bergstrom Airport. They’re …

“organized crime and intelligence” – Google News

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“trump in financial times” – Google News: Mexico’s López Obrador rejects recession fear in ‘100-day’ speech – Financial Times

Mexico’s López Obrador rejects recession fear in ‘100-day’ speech  Financial Times

President promises infrastructure projects and says economic ‘balance’ will be kept.

“trump in financial times” – Google News

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“Elections 2016 Investigation” – Google News: Beware of falsehoods at election time – Port Arthur News – The Port Arthur News

Beware of falsehoods at election time – Port Arthur News  The Port Arthur News

Port Arthur has been prone to be a hotbed of negative attacks on political candidates seeking office. Some attacks are taken to the edge of libelous. My mind …

“Elections 2016 Investigation” – Google News

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Lawfare – Hard National Security Choices: The Role of Deference in Adjudicating the Military Transgender Policy, DACA and the Census

On March 9, the U.S. Court of Appeals for the D.C. Circuit issued two concurring opinions in an earlier per curiam ruling that had vacated a district court injunction against the military’s restrictions on service of transgender persons. As Judge Robert Wilkins’s concurrence observed, neither the D.C. Circuit’s ruling nor the Supreme Court’s stay of injunctions in two related cases decides the merits. Each nonetheless signals that deference to military judgments may well emerge victorious. But the lack of tailoring—the careful fitting of means to chosen ends—in the military’s transgender policy should prompt the courts to look more closely at the Trump administration’s rescissions of measures followed or implemented by the Obama administration, including DACA and the long-standing omission of a citizenship question on the U.S. census. In a new paper, I discuss the courts’ role in adjudicating these actions by the Trump administration.

The paper describes threshold rescissions, which limit participation based on race, gender, or sexual orientation, restrict the ability to work legally and remain in the United States or adversely affect representation in the political system. To qualify as a threshold rescission, an agency shift must undermine reliance interests of recipients or trigger severe collateral impacts.  That is, the shift must undercut the expectations of recipients or third parties who invested time, effort, and reputation in the rescinded reforms and now stand to lose those investments in whole or part.

The military’s new transgender policy supplanted a series of inclusive measures initiated during the Obama administration by Secretary of Defense Ash Carter, including broadened rules on accession (i.e., joining up) and retention of transgender individuals. These measures are inclusive because they shifted the default position from a ban on transgender individuals who revealed their status to acceptance of many transgender individuals. After President Trump’s inauguration and an initial tweet by the president that called for a return to the ban, then-Secretary of Defense James Mattis coordinated a review of Carter’s changes.

As the D.C. Circuit held and Marty Lederman explained in an invaluable post, Mattis’s recommendations—subsequently embodied in a memo by President Trump—did not reinstate a comprehensive ban on transgender service or merely parrot Trump’s first tweet on the subject. Rather, Mattis grandfathered in service members who had commenced medical transitions in reliance on Carter’s policy. In addition, the Mattis policy permitted service by persons who identified with a gender other than that which they were initially assigned but were still willing to serve under assigned-gender standards.

These components of Mattis’s plan did not wholly alleviate the rescission’s harm to reliance interests. For example, under the Mattis plan, a grandfathered-in transitioning service member might well experience both harassment within his or her unit and a passive command response, since the military’s overall position had shifted from inclusion to restriction. Under traditional constitutional doctrine, the absence of a total ban might trigger deferential judicial review, particularly given the tradition of deference to military judgments. However, features of the Trump rescissions call for reconsideration of this deferential posture.

First, as noted in the previous paragraph, threshold rescissions undermine reliance interests. Even when the rescission grandfathers in a cohort that relied on the previous reforms, that modification may leave the grandfathered cohort vulnerable. Second, adjudicating rescissions does not prompt the same concern about institutional competence that underwrites most applications of deference. As Robert Chesney wrote in a much-cited paper, courts often note that they lack the fact-finding resources of the political branches. But in rescissions, an earlier administration has found the facts. The real issue should be whether new facts justify a rescission of the policy. Assessing a rescission’s means-ends fit is a good way to push the rescinding administration to cite new facts.

Third, a rescinded reform often enjoys substantial bipartisan support in Congress. Courts adopting deference often cite the political branches’ electoral accountability, as compared with federal judges’ lifetime tenure. Yet, a rescinded reform has often garnered significant legislative favor on both sides of the aisle. For example, former Speaker of the House Paul Ryan and Sen. Orrin Hatch spoke in favor of DACA (see Kevin Johnson’s article here). Admittedly, that legislative support may not translate into the gold standard: a veto-proof majority for codifying the earlier reform. However, legislative support does signal to courts that a significant number of politically accountable actors endorse the reform, making the courts less isolated than they would be in protecting reforms without such support. In light of these factors, the lack of tailoring in other components of the Mattis policy should give courts pause.

Consider the Mattis policy’s bar on service by transgender individuals who require accommodations in bunking, bathroom use or showering. Judge Stephen Williams, concurring in the D.C. Circuit ruling, cited this component of the policy as a paradigmatic exercise of military judgment. In justifying this bar, the study commissioned by Mattis invoked the privacy rights of other service members. However, as Carter’s handbook on his reforms explained, commanders have many less restrictive fixes available for this situation, including subdividing showering areas and staggering shower times. In light of these common-sense solutions, broader restrictions on accommodations are not tailored to the military’s privacy goal and thus fail the test of means-ends scrutiny. While the 2018 Defense Department study asserted that Secretary Carter had misread reports on the Canadian military’s experience with transgender inclusion, Carter had added his guidance in a direct response to the problems that Canada’s lack of guidance had caused. (See p. 54 of the report issued by the RAND Corporation supporting Carter’s decision.)

The 2018 military study also cited increased costs associated with transgender medical treatment. However, as the RAND report noted (pp. 10-11), the case for transgender restrictions often fails to recognize that transgender persons already serve in the military and have done so for a long time. An impartial analysis needs to balance the cost of transgender treatment (a pittance when compared with the military’s huge overall health-care costs) against the costs that the Carter policy avoids, including the cost of mental health treatment for transgender persons who will have to conceal their identity under the Mattis restrictions. In addition to these costs, Carter’s policy would have lessened the suicide risk linked to lack of acceptance of transgender persons. The 2018 military study failed to adequately address these trade-offs. It also thus failed the test of means-ends fit.

This same lack of tailoring—of means-ends fit—is evident in Secretary of Commerce Wilbur Ross’s decision to insert a citizenship question in the decennial census. The March 6 decision by Judge Richard Seeborg of the Northern District of California in California v. Ross joins an earlier district court ruling from New York invalidating Ross’s insertion of a citizenship question.

Even against the backdrop of judicial deference to the secretary of commerce’s discretionary decisions on conduct of the census, Ross’s precipitous decision raises special concerns. Admittedly, the government asked a citizenship question on the census for well over a century. However, it last did so in 1950. Since then, as Judge Seeborg observed, Census Bureau experts from both Republican and Democratic administrations have repeatedly informed Congress that a citizenship question would “seriously jeopardize” the distributive accuracy of the census, by undercounting undocumented people and others who decline to participate. According to government experts, that refusal would stem from fear that results of the census would be shared with immigration enforcement officials. Since undocumented people tend to congregate in “gateway” states, such as New York, California and Texas, an undercount would disproportionately affect those jurisdictions, leading to malapportionment of congressional representatives and other adverse effects. Hence, the loss in distributive accuracy.

The demographic and statistical literature supporting this view is overwhelming. Consistent with the Constitution’s Enumeration Clause and the 14th Amendment, which require a decennial census, and with the Administrative Procedure Act’s bar on “arbitrary and capricious” agency action, one would expect that the secretary of commerce would order an array of tests before inserting a citizenship question. However, Ross appears to have done no testing at all. Instead, Ross, in a March 2018 memo on his decision, baldly asserted that “no empirical data existed” on the adverse impact a citizenship question would have on census participation rates and hence on distributive accuracy.

Ross’s characterization blatantly misrepresented the state of expert opinion. In an earlier proceeding in the Supreme Court that resulted in a stay of a district court order compelling Ross’s deposition, Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito, dismissed this gap between the Ross memo and expert judgment as a garden-variety dispute between a senior official and his staff. This assessment fails to recognize the chasm between Ross’s view and the phalanx of expert analyses, backed up by almost 60 years of agency practice. To paraphrase the late Sen. Daniel Patrick Moynihan, a cabinet secretary is entitled to select her staff, but she isn’t entitled to her own facts. Justice Gorsuch’s opinion fudges this crucial distinction; Judge Seeborg’s decision sees things more clearly.

As Judge Seeborg observed, Ross’s decision was all the more arbitrary because of the manifest lack of fit between his stated goal and his insertion of the citizenship question. According to Ross, his objective was to ensure that the Justice Department had accurate data on the citizen voting-age population (CVAP), which the department needs to enforce the Voting Rights Act. Here, again, Ross’s position conflicted with the facts, including those detailed in Ross’s own March 2018 memo. As the memo noted, self-reports of citizenship status on the American Community Survey, which is regularly conducted by the Census Bureau, are seriously inaccurate—about 30 percent of noncitizen respondents get this question wrong. Importing a 30 percent error into the short-form decennial census would compound the problem.

Fortunately, there’s a good solution to the Justice Department’s legitimate need for CVAP data: Use other administrative records readily available to the government. Ross’s memo acknowledges the benefits of using this reliable resource. However, in an abrupt twist of logic that the memo failed to adequately explain, Ross then contended that combining administrative records and a census citizenship question would further improve the accuracy of the count. Basic statistics and common sense suggest the opposite: A statistical study is only as good as its weakest link. Combining an inaccurate source with an accurate one will downgrade accuracy, not improve it. However, this fundamental truth eluded Ross, as Judge Seeborg explained. Here, too, the palpable lack of means-ends fit in Ross’s decision should count more than the courts’ tradition of deference.

As further evidence of lack of tailoring in the Trump administration’s campaign to rescind Obama administration inclusion efforts, consider the attempt by the Department of Homeland Security (DHS) to rescind the Deferred Action for Childhood Arrivals (DACA) program. As I have written elsewhere, there are legitimate arguments that DACA exceeded Congress’s delegation of power to the executive branch. But those arguments turn on statutory interpretation: ascertaining the quantum of discretion that Congress afforded the executive branch in the Immigration and Nationality Act. The Trump administration has announced that its primary reason for rescinding DACA is concern about its legality. However, in three tries—one by former Attorney General Jeff Sessions, one by former Acting DHS Secretary Elaine Duke and one last June by current DHS Secretary Kirstjen Nielsen—the Trump administration has not adequately explained the basis for its legal doubts.

Both Sessions and Duke stressed constitutional issues, which are not directly relevant, since DACA presents a statutory question. Nielsen focused on the statutory question but failed to address parallels between DACA and past practice regarding discretion to grant deferred action in hardship cases. Perhaps DHS could distinguish those prior cases, which involved far smaller numbers of grantees than the 800,000-strong DACA program. But DHS has not even tried to make this case. If DACA’s putative illegality has driven the Trump administration’s effort to rescind it (which is now subject to a nationwide injunction in the lower federal courts), the Trump administration with the benefit of three tries should be able to articulate a clear rationale for its position. Its failure to do so shows the lack of tailoring in the DACA rescission.

The Supreme Court’s historic deference to executive judgments on such questions may eventually result in upholding the DACA rescission, unless Congress and the president act together to provide lasting relief for DACA recipients. But if neither Congress nor the president acts, the Supreme Court should consider the lack of means-ends fit in the latest iteration of the DACA rescission, as well as similar problems in the transgender and census rescissions. Addressing that gap on either constitutional or statutory grounds would not mean that the validity of any given administrative measure would be up for grabs. Rather, dialing down deference would promote a more deliberate approach to the reliance interests created by previous reforms. That is an objective the courts should embrace.

Lawfare – Hard National Security Choices

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“roger stone” – Google News: Boeing’s stock takes a hit as more Max 8 planes are grounded – NBC 15 WPMI

Boeing’s stock takes a hit as more Max 8 planes are grounded  NBC 15 WPMI

BEIJING (AP) — Boeing’s stock plunged 7 percent Monday as aviation authorities in China, Indonesia and Ethiopia ordered airlines to ground their Boeing 737 …

“roger stone” – Google News

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“roger stone” – Google News: Bubba the Love Sponge’s Star Has Fallen Dramatically. Today He Lives in a Trailer. – Esquire.com

Bubba the Love Sponge’s Star Has Fallen Dramatically. Today He Lives in a Trailer.  Esquire.com

The video he filmed of his wife Heather Clem having sex with Hulk Hogan played a central role in the the wrestler’s lawsuit against Gawker. Now, Bubba “the …

“roger stone” – Google News

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Palmer Report: Donald Trump has berserk “Tim Apple” meltdown, sounds like Kevin from The Office

Anyone can randomly misspeak. Some people do it far more often than others. Sometimes the smartest and most coherent of people get the most tongue tied. Donald Trump is not among the smartest or most coherent of people. When he referred to Apple CEO Tim Cook as “Tim Apple” this week, it was part of a much larger pattern of evidence that his cognitive abilities are failing. But it’s what Trump did next that reveals he’s even further gone than we thought.


Any normal person who accidentally referred to Tim Cook as “Tim Apple” would have handled the situation one of two ways: ignore it or make a joke out of it. But Donald Trump is not a normal person. In fact he’s so worried about the fact that he misspoke, he went on to privately tell his own donors that he didn’t actually say “Tim Apple” and that he instead said “Tim Cook – Apple.” No, really.




Donald Trump apparently hurt himself by trying this nonsense, because one of his own donors was put off enough by it to go running to Axios and blab about the whole thing. It’s a bad sign when your own allies, who are corrupt enough to fund your traitorous crime spree, are offended enough by your sheer idiocy to alert the media about it. Then Trump went and made it worse.




This morning Trump tweeted “At a recent round table meeting of business executives, & long after formally introducing Tim Cook of Apple, I quickly referred to Tim + Apple as Tim/Apple as an easy way to save time & words. The Fake News was disparagingly all over this, & it became yet another bad Trump story!” You’ve got to be kidding. This sounds like something Kevin Malone – the cartoonishly unintelligent accountant – once said on The Office.



The problem here isn’t merely that Donald Trump increasingly sounds mentally vacant when he speaks. It’s not that he thinks the CEO of Lockheed is named “Marilyn Lockheed” or that the CEO of Apple is named “Tim Apple.” It’s that Trump can’t admit his brain is failing him. When he once referred to CJ Martinez as “DJ” in a speech, he then quickly made up a story about how Martinez goes by both CJ and DJ. This is beyond alarming. It’s what happens when malignant narcissism meets some kind of worsening early onset dementia – and it isn’t pretty.



The post Donald Trump has berserk “Tim Apple” meltdown, sounds like Kevin from The Office appeared first on Palmer Report.

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“trump and republican party” – Google News: Tunisia: 12 infants die of hospital-acquired infection – WWMT-TV

Tunisia: 12 infants die of hospital-acquired infection  WWMT-TV

TUNIS, Tunisia (AP) — Twelve newborn babies have died in Tunisia after acquiring infections at the public maternity hospital where they were born prematurely, …

“trump and republican party” – Google News

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