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What the Hell Is Going on With Trump’s Delay on the All-Important Paris Decision?

Mother Jones

Will the president follow through on his campaign pledge to withdraw from, or “cancel,” the Paris climate change agreement?

Rumors have been swirling that the end to this reality show would come as early as Tuesday, when the White House had reportedly scheduled another meeting to examine its options. Ivanka Trump also was supposed to meet with Environmental Protection Agency Administrator Scott Pruitt earlier on Tuesday, but the White House did not confirm if that meeting ever took place. Discussions on the climate deal were canceled without much explanation, but when White House press secretary Sean Spicer was asked about the progress Tuesday, he replied that the president “wants to make sure he has an opportunity to meet with his team.” Trump has now decided he won’t decide on Paris until after G-7 meetings later this month in Italy, once more because he wants to “meet with his team.”

In the meantime, Trump is keeping 194 countries who signed the deal two years ago waiting and wondering. If he winds up withdrawing from the agreement, postponing the announcement might make meetings with world leaders slightly more pleasant, given their warnings that the United States shouldn’t defy the hard-fought 2015 deal.

We’ve heard for months that Trump’s Cabinet is split on what to do about both climate change policy and the Paris agreement. Ivanka Trump, now in her official role at the White House, represents those who want to stay. We’re told that she’s “passionate about climate change,” and she is joined by Secretary of State Rex Tillerson and economic adviser Gary Cohn, who are also in favor of staying in the Paris agreement. Energy Secretary Rick Perry wants to “renegotiate.” Secretary of Defense James Mattis sees climate change as a national security threat and likely favors staying involved, as does Trump’s son-in-law, Jared Kushner.

On the other side of the debate, Scott Pruitt is leading the “leave” team, echoing the president in calling the accord a “bad deal.” Team Pruitt also includes senior adviser Steve Bannon and White House Counsel Don McGahn. Attorney General Jeff Sessions has not publicly weighed in, but he opposed the deal as a senator. According to the New York Times, Pruitt’s side is convinced that staying in the Paris climate accord will be impossible if the administration wants to downgrade its ambitions. They point to a single clause in the agreement—that a nation “may at any time adjust its existing nationally determined contribution with a view to enhancing its level of ambition”—and argue that it would impose undesirable legal constraints on the administration and favor environmentalists in court.

Pruitt’s legal argument surprised the groups that usually sue him. “We’re not relying on the Paris agreement for any of the Clean Power Plan litigation,” Jake Schmidt, the Natural Resources Defense Council’s international program director, says. “I’m not sure why anyone would use a city in France in a US court when there’s much stronger domestic law.” On top of that, negotiators say that nowhere in the largely nonbinding Paris deal does it legally force a country to meet or exceed its emissions targets. The only legally binding components of the accord commit countries to similar transparency and reporting standards to measure progress, or lack of progress, in meeting targets. Its biggest proponents argue that the agreement was built to be weak on legal enforcement, so as to keep as many countries involved as possible. International peer pressure, not legal pressure, is supposed to do the rest of the work.

The White House reportedly is leaning in Pruitt’s direction. And it’s unclear just how much of a fight Ivanka intends to defend her passions—E&E News‘ source notes she “wasn’t pushing for a strong position” and is more “in the direction of making sure her father gets the right advice.”

Yet given the public nature of this debate, no matter what happens, some members of the administration will end up embarrassed and, in most scenarios, we all lose. Here are some of the options for how this reality show might unfold:

Ivanka wins: She somehow convinces her father to wake up to the threat of climate change, and he decides to fulfill Obama’s promises to the world of at least a 26 percent cut to greenhouse gases by 2025 and providing the rest of the $3 billion in global climate finance.

This isn’t going to happen.

But not because others don’t support her alleged commitment to the agreement. In fact, she’s joined by nearly the rest of the world. According to the NRDC, an additional 1,106 US companies are on record supporting it, even including fossil fuel companies such as Exxon Mobil, Arch Coal, and Peabody Energy. The Yale Program on Climate Change Communication found 69 percent of American voters support participating, and hundreds of thousands of marchers took to climate protests around the country in April to send a similar message. Senate Republicans who pilloried the deal as illegal and overbearing when Obama negotiated now have lost the will to demand an exit.

Ivanka loses: If Trump follows through on his campaign promises and kicks off the multiyear process to withdraw from the Paris accord, it will tell us a lot about who Trump is listening to (short answer: not Ivanka or his secretary of state), especially since there are so few businesses or interest groups arguing that it’s a good idea for the United States to defy the rest of the world. The few that are include 44 fossil fuel advocacy groups, as well as the far-right think tanks that promote climate change denial: the Heritage Foundation, the Heartland Institute, and the Competitive Enterprise Institute. A “leave” decision would show that Bannon and Pruitt have considerable sway over Trump’s decision-making.

Add to the list Robert Murray, a coal magnate and head of the coal company Murray Energy. According to the Center for Responsive Politics, Murray Energy donated its most yet to candidates last year, giving several hundred thousand dollars to Trump’s campaign. CEO Robert Murray hosted a private fundraiser for Trump last June and has returned to Trump’s side a few times since to push his favored policies, which include reversing regulations on the coal industry and pulling from the Paris accord.

No one wins: Renegotiating the deal, as Rick Perry has suggested, would all but certainly drag on the Paris drama for years to come. Perry claims that European nations haven’t done their share, although their commitment of 40 percent cuts over 1990 levels by 2030 is steeper than those agreed to by the United States. “Don’t sign an agreement and expect us to stay in if you’re not really going to participate and be a part of it,” Perry told a Bloomberg energy conference in April. But renegotiating is not as simple as Perry suggests. The time for that has passed, since the agreement has already been negotiated and entered into last fall. And how does Trump plan on convincing other countries to ramp up their ambitions voluntarily if he is moving backward on US commitments? One point of leverage other countries have over the United States is following through on imposing a carbon tax on US products. And a Chinese government climate official warned Tuesday that Trump’s decision “will impact other diplomatic arenas, already on G7 and G20, the Major Economies Forum as well,” and “will harm the mutual trust in multilateral mechanism.”

Ivanka claims to win, but it’s meaningless: This would be the case if we stay in the deal in name only and don’t bother to cut emissions through federal policy. Environmentalists prefer this option to pulling out entirely, if only because it would be easier to pick up the pieces in four years if Trump isn’t reelected. Yet it’s not much of a win, and certainly not for someone who is as passionate about climate change as Ivanka says she is.

“We should be of good intent,” former EPA administrator and League of Conservation Voters chair Carol Browner said on a recent press call. “If we stay at the table, it should be with the intent of achieving measurable reductions” of greenhouse gases. “Any idea that we stay at the table so we can disrupt what the rest of the world is attempting is really outrageous on our part. And the rest of the world will see it.”

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What the Hell Is Going on With Trump’s Delay on the All-Important Paris Decision?

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Yeah, the Comey Firing Was All About Russia

Mother Jones

Politico has a big “inside” look at the Comey firing tonight, and it is bananas:

Trump had grown enraged by the Russia investigation, two advisers said, frustrated by his inability to control the mushrooming narrative around Russia. He repeatedly asked aides why the Russia investigation wouldn’t disappear and demanded they speak out for him. He would sometimes scream at television clips about the probe, one adviser said.

….Trump had grown angry with the Russia investigation — particularly Comey admitting in front of the Senate that the FBI was investigating his campaign — and that the FBI director wouldn’t support his claims that President Barack Obama had tapped his phones in Trump Tower.

….Trump received letters from Rod Rosenstein, the deputy attorney general, and Jeff Sessions, the attorney general, calling for Comey’s dismissal…A White House spokesman said Trump did not ask for the letters in advance, and that White House officials had no idea they were coming. But several other people familiar with the events said Trump had talked about the firing for over a week, and the letters were written to give him rationale to fire Comey.

Summary: The Comey firing had nothing to do with the Hillary Clinton email investigation. It was all because Trump was outraged over Comey’s public acknowledgement that the FBI was investigating his Russia ties. He wanted the investigation to disappear, and he began obsessing about firing Comey—presumably in hopes that this was all it would take to kill the case. And apparently Trump was shocked when Democrats didn’t line up behind him. They hate Comey too, don’t they?

Trump’s astronomical ignorance has finally caught up with him. He seems to have had no idea that firing Comey wouldn’t stop the investigation—nor that a new FBI director wouldn’t dare quash it. In fact, all the firing does is make the investigation untouchable. And Trump’s astronomical narcissism has caught up with him too. He has so little insight into other humans that he simply couldn’t conceive of anyone hating Comey but still defending his right to serve out his term. In Trump’s world, you reward your friends and punish your enemies and that’s that.

This is hardly unexpected from Trump, whose ignorance and narcissism are legendary. But does he really have nobody on his staff to warn him about this stuff? Reince Priebus surely knew how this would play out. Ditto for Mike Pence.

And one final thing: once again, we learn that many of Trump’s advisors are perfectly willing to portray him as an idiot. The Politico story is based on conversations with insiders who were happy to confirm that the Comey firing was all about Russia. This directly contradicts the White House narrative that it was about the fact that everyone had lost confidence in Comey because of the way he mistreated poor Hillary Clinton. Who are these people who work for Trump (?) but are happy to undermine him to the press on a regular basis?

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Yeah, the Comey Firing Was All About Russia

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The New York Times Front Page on Comey Is Truly Remarkable

Mother Jones

President Donald Trump’s firing of FBI Director James Comey—the man overseeing the investigation into the Russia scandal—made huge news around the world. Here’s the remarkable front page of Wednesday’s New York Times:

And some other notable front pages:

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The New York Times Front Page on Comey Is Truly Remarkable

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More Than 100 Lawmakers Respond to Comey Firing by Calling for Independent Russia Probe

Mother Jones

More than 100 members of Congress—including a few Republicans—have responded to President Donald Trump’s firing of FBI Director James Comey by calling for an independent investigation or a special prosecutor to look into Russian meddling in the 2016 elections and possible collusion with Trump campaign associates. Comey was in charge of the Russia investigation, and now Trump will have the opportunity to choose his replacement—a situation that presents an obvious conflict of interest.

Among those calling for an independent probe are at least three Republicans—Sen. John McCain of Arizona, Rep. Justin Amash of Michigan, and Rep. Carlos Curbelo of Florida—as well as nearly every senior Democrat in the House and Senate, including Sen. Mark Warner of Virginia, the vice chair of the Senate intelligence committee, and Sen. Pat Leahy of Vermont, the second-ranking Democrat on the judiciary committee.

Here are some of the notable reactions to Comey’s firing:

Sen. John McCain (R-Ariz.):

“I have long called for a special congressional committee to investigate Russia’s interference in the 2016 election. The president’s decision to remove the FBI Director only confirms the need and the urgency of such a committee.”

Rep. Carlos Curbelo (R-Fla.):

“Today’s extraordinary decision raises many questions all of which must be answered. Congress and the American people need a transparent explanation as to how this decision was reached and why it was executed at this time. It is critical that the FBI can continue all of its pending work with independence and integrity – especially the investigation into the Russian government’s efforts to influence our last election and undermine American democracy. Today I reiterate the need for Congress to establish a Select Committee with full investigatory powers to thoroughly examine this matter.”

Rep. Justin Amash (R-Mich.):

Senate Minority Leader Charles Schumer (D-NY):

Sen. Mark Warner (D-Va.), vice chair of the Senate intelligence committee:

Rep. Adam Schiff (D-Calif.), ranking member of the House select intelligence committee:

Sen. Elizabeth Warren (D-Mass.):

Rep. Brian Schatz (D-Hawaii):

Rep. Sean Patrick Maloney (D-NY):

Rep. Joaquin Castro (D-Texas):

Meanwhile, a number of other congressional Republicans downplayed the news of Comey’s firing:

Sen. Susan Collins (R-Maine):

Some took shots at their Democratic colleagues:

Or ignored the news altogether:

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More Than 100 Lawmakers Respond to Comey Firing by Calling for Independent Russia Probe

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Donald Trump’s 18-Day Gap

Mother Jones

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We didn’t really learn anything new in today’s congressional hearing, but the questioning did highlight one of the ugliest aspects of the Flynn affair. Sally Yates testified that she informed White House counsel on January 26 that Mike Flynn had lied about his contacts with the Russians and that he was vulnerable to blackmail by the Russians. “To state the obvious,” Yates said, “you don’t want your national security adviser compromised with the Russians.”

For 18 days, President Trump didn’t do anything. Nor did he give any sign that he ever planned to do anything. It was only after Flynn’s actions became public, via a leak to the Washington Post, that Trump finally fired him.

He’s never explained why he didn’t fire Flynn immediately. Richard Nixon had his 18-minute gap, and now Trump has an 18-day gap. Instead of grousing endlessly about the leak, Trump should tell us if he would have kept a security risk like Flynn in his inner circle forever if the leak had never happened.

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Donald Trump’s 18-Day Gap

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Trump’s Lawyers Want the Courts to Ignore His Muslim Ban Comments

Mother Jones

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Donald Trump’s statements about banning Muslims during the presidential campaign are now at the heart of the court battle over his travel ban.

On Monday, the 4th Circuit Court of Appeals held oral arguments on the president’s executive order banning people from six Muslim-majority nations from entering the United States for 90 days. In reviewing the decision of a federal district judge in Maryland, who blocked the ban from going into effect, the judges of the 4th Circuit focused almost exclusively on the question of whether Trump’s campaign pledge to ban Muslims should be taken into consideration when weighing the constitutionality of the travel ban.

In December 2015, then-candidate Trump called for “total and complete shutdown of Muslims entering the United States until our country’s representatives can figure out what is going on.” Trump repeated and stuck by his policy throughout the campaign. His original statement remained on his campaign’s website until sometime Monday, when it disappeared around the time a reporter asked about its continued presence online during the daily White House press briefing.

After his election, Trump swiftly signed an executive order banning individuals from seven Muslim-majority countries entering the country for 90 days. Federal courts blocked the order, and the administration withdrew it and released a second, modified travel ban. This second order applied to six countries—Iraq was taken off the list—and included exceptions for permanent legal residents and current visa-holders. Still, a federal judge in Maryland blocked part of it and another federal judge in Hawaii placed a nationwide injunction on the whole order.

In considering the Maryland judge’s decision, the 4th Circuit zeroed in on the issue of Trump’s statements about banning Muslims. During the first hour of the hearing, Trump’s acting solicitor general, Jeffrey Wall, repeatedly argued that the Maryland judge had relied too heavily on Trump’s campaign statements. He described the ban as merely a handful of statements by the candidate, rather than a central piece of Trump’s campaign, and said the Maryland judge had mistakenly conducted a “psychoanalysis” of the president based on these campaign comments.

Opponents of the ban argue that Trump’s campaign statements are key to understanding the true purpose of the order. Arguing against the travel ban, American Civil Liberties Union attorney Omar Jadwat struggled when the judges pressed him to explain his opposition to the travel ban based just on the text—without taking Trump’s campaign statements into consideration. Some of the judges repeatedly queried Jadwat on whether the ban would still be constitutional if Trump’s comments were not part of the calculation. Jadwat said it would be because it violates the First Amendment by targeting people of a specific religion. In order to fulfill its stated purpose on national security, he argued, it would have applied to a different set of countries than those targeted by the order. “If this order were legitimate and actually doing what it said it was doing, it would do something different,” he said.

But without Trump’s campaign statements targeting Muslims, at least some of the judges did not appear to buy his argument. That’s why he continued to emphasize the thinking behind the travel ban. “The question is, what is the purpose of this policy?” Jadwat asked. He noted that when Trump signed the order, he read aloud its title referring to “foreign terrorist entry” and then added, “We all know what that means.” Jadwat further pointed to the fact that 2015 press release still on Trump’s campaign website—not realizing it had been taken down just hours earlier.

Perhaps the most compelling argument against the ban on Monday came not from the ACLU’s lawyer but from Sally Yates, the former acting attorney general whom Trump fired in January when she refused to have Justice Department lawyers defend the first travel ban in court. Questioned about that decision during a hearing on Capitol Hill on Monday, Yates explained why she believed the ban was unconstitutional—and why the president’s campaign remarks were a key ingredient in that calculation.

“I believed that any argument that we would have to make in its defense would not be grounded in the truth,” she explained, “because to make an argument in its defense we would have to argue that the executive order had nothing to do with religion, that it was not done with an intent to discriminate against Muslims.” But Yates could not ignore the role of religion, she explained, because of what Trump had said about Muslims. “Particularly where we were talking about a fundamental issue of religious freedom—not the interpretation of some arcane statute, but religious freedom—it was appropriate for us to look at the intent behind the president’s actions,” she said. “And the intent is laid out in his statements.”

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Trump’s Lawyers Want the Courts to Ignore His Muslim Ban Comments

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News Report Undermines Trump’s Claim About Michael Flynn

Mother Jones

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With the Senate hours away from hearing testimony about former national security adviser Michael Flynn’s ties to Russia, President Donald Trump took to Twitter to preempt the testimony with his own version of events:

Unfortunately for Trump, news broke later on Monday morning that undermined his argument. NBC News reported that President Barack Obama had warned Trump against hiring Flynn during their meeting in the Oval Office on November 10—two days after Trump was elected and months before he appointed Flynn as his national security adviser.

Former Acting Attorney General Sally Yates is set to testify before a Senate subcommittee today about her warnings to the White House about Flynn’s ties to Russia. Yates is expected to tell the committee that she warned White House Counsel Don McGahn several weeks before Flynn was forced to resign that Flynn had lied when he denied discussing US sanctions in his conversations with Russian Ambassador Sergey Kislyak.

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News Report Undermines Trump’s Claim About Michael Flynn

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Are Younger Police Officers More Productive Than Older Ones?

Mother Jones

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Tyler Cowen points us to a study from last year which concludes that police officers become “less productive” as they gain experience. Here’s the abstract:

This study analyzes two decades of data from a municipal police agency and describes the average patrol officer career productivity trajectory. We find that declines in productivity begin immediately after the first year of service and worsen over the course of officers’ careers. After their 20th year, patrol officers generate 88% fewer directed patrols, 50% fewer traffic warnings, 58% fewer traffic citations, 41% fewer warrant arrests, and 57% fewer misdemeanor arrests compared to officers with 1 year of experience. Using a patrol officer productivity metric called Z-score per Productive Time (Z-PRO), we estimate that each additional year of service decreases an officer’s overall productivity by about 2%. Z-PRO also indicates that after 21 years of service, an average officer will be approximately 35% less productive overall than an officer with 1 year of service.

There’s an issue of framing here: What is the “proper” level of productivity for a police officer? Perhaps the real issue is that newish police officers are overzealous. They’re eager to ticket anyone going 6 miles over the speed limit. They arrest anyone hanging out on a corner who turns out to have a joint in their pocket. Etc.

It’s not necessarily the case that more is always better. To really judge this stuff, you’d also need to measure the quality of arrests and traffic citations in some way. It’s possible that older officers arrest less because their experience tells them it’s better to let the small stuff go, but have a better eye for genuinely dangerous behavior.

Then again, maybe they just get lazy.

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Are Younger Police Officers More Productive Than Older Ones?

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Why Do Republicans Tell Such Obvious Lies?

Mother Jones

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These tweets from Paul Ryan’s press secretary kind of crack me up:

This is a pretty crude evasion, and a seemingly pointless one. Anybody who’s savvy enough to know what a CBO score is in the first place also knows that this is badly misleading. Earlier bills were scored. Earlier bills went through committee. Earlier bills were posted online a month ago. But none of that applies to the actual bill that was passed on Thursday.

So why bother? Donald Trump has taught Republicans that Twitter is a useful tool for communicating with your base, and that’s all this is. Most people who read these tweets will have no idea what they’re about, just that they’re more examples of how the lying left is always telling lies about Republicans. It will become a useful attack meme on the right for a while, and that’s all it’s for.

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Why Do Republicans Tell Such Obvious Lies?

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Republicans Pass Trumpcare, Then Go Into Hiding

Mother Jones

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It’s been a longtime complaint of mine that Democrats have been so lackluster in the support of Obamacare. But that’s nothing. After watching Republicans dash for the exits after passing Trumpcare, here’s how I now think of Democratic enthusiasm for Obamacare:

After voting to pass Trumpcare, Republicans are practically scurrying to find rocks to hide under. They don’t want to talk to reporters and they don’t want to hold townhalls for their constituents. You’d think they’d all be proud of their votes. But it sure doesn’t seem like it. Funny, isn’t it?

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Republicans Pass Trumpcare, Then Go Into Hiding

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