Tag: #AlternativeFact

Alternative Fact: Public Records Are Leaks

Alternative Fact:

Real Fact: Much like the “leak” regarding an employee’s termination where the leaker was Scaramucci himself … the “leaked” financial document was a public record completed by … Scaramucci. At some point, is this dude going to have to fire himself?

When taking a position in an administration that goes on and on about witch hunts, undertaking one’s own witch hunt is, in and of itself, a rife with risk. But in a witch hunt for leakers, maybe one should undertake extensive research to verify that they themselves are not the leaker in question.

Alternative Fact: Just Oppo Research

Alternative fact: “Politics is not the nicest business in the world, but it’s very standard where they have information and you take the information.” Trump at a joint press conference with French President Macron in Paris.

Real fact: There is an interesting article on Politico from someone who actually conducted oppo research.  Obtaining private (and anything so sensitive that it needs to be discussed with you instead of your dad’s assistant is somewhat obviously not public record type stuff) information from frenemy nation governments.

When a public investigation in the Ukraine revealed payments to Manford, receiving information from a public investigation … well, using it might be sleazy politics (in that respect, Trump is not wrong … politics is not nice). But buying a computer on sale from a well known retail store isn’t illegal whereas purchasing one for half retail from the back of some guy’s van behind the Tower City is probably going to garner a receiving stolen goods charge.

There was a car theft ring in Pennsylvania that obtained blank titles from Harrisburg. Purchasing a car with a valid title from a used car dealer is not a suspicious circumstance. Victims were out money because the cars were returned to their rightful owners, but they were not charged with a crime because nothing about their scenario seemed suspicious.

The item itself, nor its provenance , are not the only considerations — how suspicious a reasonable person would have been of the circumstances is the distinction between a criminal activity and being a victim of a crime.

Alternative Fact: Intentions Do Not Matter

Alternative Fact: Kelly Ann Conway, in reference to Trump Jr scheduling a meeting with a Russian lawyer who promised damaging info on Clinton but was actually just tricked into scheduling a meeting to discuss adoptions: “Let’s focus on what did not happen in that meeting. No information provided that was meaningful. No action taken. Nothing”

Real fact: I think anyone who has contacted law enforcement officers when trying to put out a hit or got caught up in a solicitation sting can tell you … what you intended to do can be criminal even if your attempt is thwarted. It may be mitigating if he did not know who was offering damaging information about a political opponent. But in the middle of the DNC being hacked and information from the hacks being released (and the candidate specifically requesting the hackers find the deleted e-mail messages), wouldn’t you be suspicious of someone offering up damaging details about the opposition??

Alternative Fact: Don’t Quote Me On That

Alternative Fact: Trump has tapes from his meetings with Comey (and tune in later this week to hear exciting news about them!).

Real Fact: Rationally, if Trump had something that exonerated him, he would have produced the evidence WEEKS ago. Hell, the day after Comey’s testimony would have been late but suitably theatrical. But it is a little silly to expect rational behaviour from someone who has thus far displayed nothing of the sort.

With the “but it was a ‘scare quote’ so he didn’t literally mean it” argument from March’s wire tapping bit of craziness

how can I possibly be asked to believe he has “tapes”?

Bonus real fact: It is impossible to differentiate scare quotes (the phrase in quotes is used sarcastically, ironically, or otherwise without intending the actual meaning of the word) from highlight quote (the “word” is what should be emphasized in this sentence) without prescient knowledge.

Alternative Fact: Witch Hunts

Alternative Fact: “You are witnessing the single greatest WITCH HUNT in American political history” — Donald Trump, on Twitter (where else).

Real Fact: Donald Trump may have been a little young at the time, but hello: Joseph McCarthy’s hunt for Communists in America!?! Now if “great” doesn’t mean widespread or terrible but rather goofy, I have to go with Christine O’Donnell.

Bonus real fact: Hyperbolic untruth is still lying.

Alternative Fact: Ignorance of the Law

Alternative Fact: According to Paul Ryan (R-WI), it’s OK if Trump asked the FBI Director to end the investigation of Michael Flynn and then fired the Director in an attempt to change the direction of the FBI’s investigation of Russian interference in the 2016 election.

Real Fact: Ignorance of the law does not exonerate a person. “I’m new here” might work when you violate a corporate norm in your first week at work — I didn’t know we didn’t brew a new pot of coffee after 4PM. I didn’t know the boss sits in the middle seat along the window wall at meetings. Yeah, someone will notice your transgression and let you know. I didn’t know that we don’t embezzle money … that’s on you to know, and you are fired. Possibly facing criminal charges too.

Possible bonus real fact: Trump did not realize that some branches of the government are actually meant to be independent of the White House. Seriously – that’s the implication behind Ryan’s “he is new at this” defence.

Alternative Fact: What Constitutes Privilege

Alternative Fact: James Comey “unilaterally and surreptitiously made unauthorized disclosures to the press of privileged communications” – Trump’s personal lawyer, Marc Kasowitz, in a public statement.

Real Facts: I was a little surprised to hear that Comey himself leaked the meeting notes, but it makes sense in the broader context. And someone with vast legal knowledge and experience in law enforcement will know if something is illegal (i.e. request immunity before testifying to the fact) or not (i.e. announce it in widely broadcast Congressional testimony). He specifically wrote the memo to be unclassified, so the White House could not claim disclosure of classified information.

So they went with “privileged”. Trump does not understand that FBI lawyers are not actually his legal council (bit of a frightening proposition)? They certainly aren’t his spouse or clergy (although I believe both spouse and clergy can unilaterally waive privilege under the Federal Rules of Evidence).

Alternately, Trump wants to assert executive privilege. Equally nonsensical. Executive privilege could have prevented Comey’s testimony in the first place. Or can be used when refusing to disclose information/evidence to legal or legislative bodies. Executive privilege does not protect information from the Executive branch from being disclosed to media outlets. Or subsequently published. And even so, Executive privilege can be denied if the information is deemed critical to the case (i.e. if a Congressional investigation is meant to determine if Trump obstructed justice in pressuring the FBI director to end an investigation … testimony from the FBI Director regarding Trump’s requests to conclude the investigation are central to the investigation. Which, I assume, is why the White House did not even try to claim privilege and prevent Comey’s testimony.).

Bonus Real Facts: Oh, Marc Kasowitz’s statement following James Comey’s testimony. Where to start? Saying it would be good to find out if some peripherally related individual is found to be guilty of collusion isn’t actually support of an investigation. It could also be interpreted in the full context of the conversation as “it would be good if this whole investigation got closed up quickly. Here’s how you do it: find some stooge from my campaign and pin it all on him.”.

Not being investigated does not mean anything — the original scope of a case may be an individual. The initial investigation implicates a few more who then become part of the investigation. The new targets yield evidence that implicates new people and so on. This is the fact behind Comey saying he did not want to publicly state that Trump was not under investigation for collusion with the Russian government — if something comes up that brings into question Trump’s actions, he will be under investigation. At which point, the ‘duty to correct’ means the FBI would need to announce that Trump is under investigation … substantively meaningless as many people are investigated without being guilty.

I was investigated for bribery in negotiations with China – not because I even knew my company had negotiations with China but because I was involved in the internal corporate investigation and participated in evidence gathering (i.e. they were investigating if the evidence “gathering” was more of an evidence purging activity). I had properly collected the evidence and turned it over to inside council, end of investigation. At the outset of the investigation, though, an announcement that “Lisa is under investigation as part of our inquest into international bribery” sounds bad.

Worse, though … Nixon didn’t personally break into the Watergate hotel, but covering it up after the fact and obstructing justice was illegal. Reagan didn’t personally ring up the Ayatollah to delay the release of Iranian hostages – but having a campaign adviser speaking to a cleric representing the Ayatollah … sounds illegal to me even if the investigation got curtailed in sympathy for a man with cognitive decline. Bill Clinton’s impeachment was over testimony regarding an extramarital affair — also nothing to do with the original investigation. When someone is determining if your actions constitute obstruction of justice, proclaiming your innocence in the initial matter is a complete red herring. Normally, yeah, innocent people don’t intentionally obstruct justice. Letting the Chinese bribery investigation run its course served me well — no personal harm, no professional harm. Just a few wasted hours of paid time.

But the investigation is hampering Trump’s agenda, and getting rid of the investigation might leave him clear to pursue legislative initiatives. The investigation, regardless of guilt, is causing harm. Which makes obstruction … well, not outside the realm of possibilities.

 

Alternative Facts: NATO

Alternative Fact: NATO countries owe money for defence expenditures the US has made.

Real Fact: The target was for member nations to devote 2% of GDP to defence spending. A target is not a guarantee. Not meeting a target may be disappointing, but it doesn’t mean you owe someone money. If your target is to donate 5% of your net income to charity … but at the end of the year have only managed 3%, it does not mean you owe charities 2% of your net income! It means you didn’t meet your goal. Consistently missing goals can also be a clue that the goal is not realistic. Take, for instance, someone whose goal is to donate 80% of their net income to charity. But they also pay their rent/mortgage, buy some food, turn the lights on occasionally. And don’t have 80% of their net income available after covering essentials. The person can commit to the goal and evaluate their other spending (move into a smaller residence, buy cheaper food, conserve on utilities) or they can change their goal to meet the 10% of their net income that is actually discretionary.

Another real fact? NATO countries, by and large, fund their own military. One might make the argument that the US would have been able to scale back the military budget if only other partners increased their expenditures. *But* that’s disingenuous from someone seeking an enormous increase in the military budget whilst questioning the nation’s continued commitment to NATO. But even if the ‘target’ was actually a contractual obligation … it would be to NATO and not the US.

Alternative Fact: Those Who Do Not Know History Are Doomed To Sound Foolish

Alternative Fact: Trump, speaking at the US Coast Guard Academy commencement, claimed “No politician in history — and I say this with great surety — has been treated worse or more unfairly“. Had he gone with ‘and’ instead of ‘or’, the assertion would be subjective. But NO politician in HISTORY has been treated WORSE?!?

Real Fact: Real assassination — literally killing a person — is worse than character assassination. Robespierre – both large numbers of politicians during his reign of terror and his eventual demise – worse. Defenestration of Prague (both 1 and 2) – worse. But let us be generous: place in scope only politicians during Trump’s adult lifetime. Anwar Sadat – worse. No one is a better friend to Israel than Trump (and with friends like this …), so how can he forget Rabin – worse. John F Kennedy – worse.

History of South East Asia

Alternative Fact: “I felt pretty strongly that they (China) had a tremendous power over North Korea. But it’s not what you would think.” (Donald Trump in the Wall Street Journal)

Real Fact: No, it is exactly what I thought. I had a dual major in University: history and theoretical physics. So, yeah, I may have more knowledge of South East Asian history than the average American. I’ve specifically studied the history of the region as it relates to the war in Vietnam. I don’t believe Korea had quite the animosity toward China that fomented over hundreds of years in Việt Nam — a country whose name means Southern Bách Việt (an area of Southern China) … but that’s not saying much. There’s economic dependency, but coupling economic dependency with pre-existing resentment is not a recipe for harmonious relations.

My concern is not that a firm grasp of international history is not the norm world-wide (that sucks too, but probably been the way of things since language was developed). My concern is not that Trump has changed is opinion as new facts come to light — shocked, but quite heartened that the man eventually figured out that China was propping up its currency for a couple of years now. What concerns me is that the leader of China has to convey this history lesson to the US President. Because the dude refuses to let anyone else clue him into reality. None of his campaign advisers (both the currency manipulation & they can sort North Korea claims were made prior to him becoming president), none of the guys from State, no military adviser (including those who report directly to Trump) could bring real facts into this administration. In *this* instance, the leader of another country managed to hold Trump’s attention long enough to convey his version of reality (dangerous since our president is now operating under a view that doesn’t skew our country’s way … do we support Chinese expansion into the South China Sea now? I’m sure the Chinese president has a decent rational for that move as well).

But what happens when a situation arrives where the other country’s highest ranking individuals are not on hand to brief the US president??