"Thorny" First Amendment Issues

Even for the Age of Trump this story by the failing NY Times is a bit of a "wow":

Investigators Focus on Another Trump Ally: The National Enquirer

President Trump has long had ties to the nation’s major media players. But his connections with the country’s largest tabloid publisher, American Media Inc., run deeper than most.

A former top executive of Mr. Trump’s casino business sits on A.M.I.’s four-member board of directors, and an adviser joined the media company after the election. The company’s chairman, David J. Pecker, is a close friend of the president’s.

And in the Trump era, A.M.I.’s flagship tabloid, The National Enquirer, has taken a decidedly political turn, regularly devoting covers to the president’s triumphs and travails with articles headlined “Trump’s Plan For World Peace!” and “Proof! FBI Plot to Impeach Trump!”

Since the early stages of his campaign in 2015, Mr. Trump, his lawyer Michael D. Cohen and Mr. Pecker have strategized about protecting him and lashing out at his political enemies.

Yeah, yeah - in consequence, the National Enquirer's decision to pay for but not publish former Playmate Karen MacDougal's story becomes a suspect campaign contribution. The Times really pounds the table in defense of editorial discretion:

The federal inquiry could pose serious legal implications for the president and his campaign committee. It also presents thorny questions about A.M.I.’s First Amendment protections, and whether its record in supporting Mr. Trump somehow opens the door to scrutiny usually reserved for political organizations.

"Thorny questions". My goodness, the Times was bailed out in 2009 by Carlos Slim, a wealthy Mexican. Does this raise "thorny questions" about their commitment to undocumented immigrants? Of course not, because they say it doesn't. 

Now obviously, Mr. Slim knew the Times was reliably progressive when he bought them, so he didn't need them to change their views on anything. But the National Enquirer has been making money off of Clinton scandals for decades. Maybe the AMI people simply decided that, in mirror image to the Times Upper West Side readership, their readers wanted material that bashed Hillary and praised Trump. They do tell the Times it was a business decision driven by the popularity of Trump with their readership. Plausible? Sure. Legal? Say what now?

If all AMI did was pick a side in pursuit of an audience, my goodness. That is well worth investigating because we all know that the mainstream media would never trade sympathetic coverage for access that can boost prestige, circulation and ratings. Please.

As to aggressive coverage of sex scandals by the mainstream media, well, that may be ideologically contingent - back in 2007-08, John Edwards and Rielle Hunter were a tabloid-based open secret (gullible Media Matters link) for months before the "responsible" media decided to jump in. Why they might today rush to bash Trump based on mere allegations is hard to understand. No it's not. Is the National Inquirer being investigated for spiking a story which the Times would never lower itself to touch? Too thorny!

At this juncture, I must glumly acknowledge that the DoJ, with some establishment Republicans at the top, did persuade a judge to issue a warrant because something was afoot. I just hope that whatever they find is serious and convincing.

As to the 'thorny questions', the Times concludes with this:

At the center of the campaign finance inquiries will be whether the ties between Mr. Cohen, Mr. Howard, Mr. Pecker, Mr. Trump and others led A.M.I. to act more like a political supporter than a news organization.

The group that brought the federal election complaint, Common Cause, claims the payment for Ms. McDougal’s story was not a “legitimate press function” and therefore was not protected by rules exempting news organizations from campaign finance regulations.

The question represents tricky terrain for federal officials, given the protection journalists have under the First Amendment. “We always worry when investigators are making those judgment calls about whether your editorial process is legitimate or not, or is this legitimate journalism or not,” said Alexandra Ellerbeck, the North America program coordinator for the Committee to Protect Journalists.

Yet even the staunchest defenders of the press say fraudulent activity is not protected by journalistic freedoms.

“We are not, as media organizations, immune from the civil and criminal laws of the country,” said Sandra S. Baron, a senior fellow at Yale Law School and the former executive director of the Media Law Resource Center.

Hmm. Is paying for stories a "legitimate press function"? That is how the National Enquirer broke the case of the murderer of Bill Cosby's son. They also paid Rush Limbaugh's housekeeper for the scoop that got Rush busted for his oxycontin habit - I bet that looked legit to Common Cause.

To paraphrase slightly, the dark night of fascism is always descending on the right yet arriving from the left.

Comments

[Miss Marple the Deplorable]

Liz Cheney
‏Verified account @Liz_Cheney
21m21 minutes ago

Scooter Libby is a good, honorable and innocent man who was the victim of prosecutorial misconduct and a miscarriage of justice. Thank you @realDonaldTrump for righting a terrible wrong and delivering the full pardon Scooter deserved.
====================================

(Under her breath) "And F-U, George W. Bush!"

[Extraneus]

New thread in 10... 9... 8...

[JM Hanes]

Well, at least Republicans aren't the only ones trying to eat their own: California Progressives Target Feinstein With Full-on Assault Ahead of Dem Primary. Good luck!

Yeah, it seems to be a Free Beacon kind of day here. I intended to be outside walking about, but am awaiting the arrival of a repairman instead….

[Miss Marple the Deplorable]

http://thehill.com/opinion/campaign/374675-what-is-the-fbi-hiding-in-its-war-to-protect-comey

Tom Fitton asks an important question.

By the way, I have noticed The Hill publishing more and more op-eds from our side. Very interesting development.

[Tom R]

Tom R, my over-the-top wishful thinking centers on Carter Page as (first and foremost) a Defense Intelligence asset and only secondarily someone the FBI has made use of. But, yes, if this can loop back to the craziness of that whole Valerie Plame nonsense -- heavenly.

FWIW I always operate under the assumption that the current "Deep State" cabal traces its existence back to the Soviet moles who successfully infiltrated the Federal government and who Senator McCarthy was trying to expose until they destroyed him. For me at least that makes it easier to process why they have been actively trying to destroy the country from within for the past several decades. See the discussion on evil from yesterday by several posters.

It's fairly obvious the Deep State is very good at covering its tracks. I have no idea what kind of document or digital trail of their activities may be in existence. If a trail of evidence does exist, IMO the Trump presidency is likely our best and last chance of fully exposing their criminal misdeeds.

Trump obviously had an ulterior motive for bringing up the Libby pardon at this specific moment in time. While it could be a warning shot over the bow about prosecutorial overreach by the SC, if it was somehow connected to exposing the Plame/Wilson/Grossman Deep State corruption a tingle would run up my leg for an extended period of time.

[lurkersusie]

Mícheál
I wonder if this has anything to do with Rod's White
House meeting this week?
Michael Walsh
@dkahanerules
'Here I Stand' Or There He Goes? All roads lead to Rod Rosenstein.
https://t.co/Z7irB67Qx2?amp=1

As James Comey steps with both his left feet right into his Oscar Wilde moment, another player in the preening emotional drama that is the Mueller investigation has also taken the stage. Starring the role of Drama Queen today is none other than deputy attorney general Rod Rosenstein, the man to whom all roads lead in the current mess. Forget the weepy, creepy Jim Comey -- if this were a Hercule Poirot story, the Belgian dandy would even now be waxing the tips of his moustaches and getting ready to enter the drawing room at Main Justice, his j'accuse at the ready.

Consider this news -- or should I say, strategic pre-emptive leak:

[Miss Marple the Deplorable]

Look at this asshole (sorry, but that is the operative word as far as I am concerned):

David Gregory
‏Verified account @davidgregory
12m12 minutes ago

So Scooter Libby lied and leaked. Gets pardoned. Trump says Comey lied and leaked and should be prosecuted. That’s Trump’s vision of law and order. And Trump supporters aren’t going to call this what it is?

[Skoot]

Nice job, Boris!

[Porchlight]

Hi, MarkO!! Good to see you.

[Extraneus]

Apparently Comey has, er, issues. I mean, wouldn't an average 6'8" dude's hand be bigger than most people's?

Upon meeting the new President, the first thing that comes to his mind is to wonder about dick sizes? And he actually publishes that weirdness in a book?

He seems effeminate, too. Who's in on the pool for when he comes out as gay? (NTTAWWT.)

[clarice feldman]

https://theconservativetreehouse.com/2018/04/12/the-doj-and-fbi-small-group-motive-behind-the-raid-on-michael-cohen/

THIS is what's about to be ended.

[Miss Marple the Deplorable]

Tom R.,

Donald Trump has known the Saudi royal family since 1980. I just was made aware of this a couple of nights ago when Tom Wictor produced an old clipping from a newspaper. I wonder how much he has learned from Saudi intelligence?

It's not inconceivable to me that Trump began to learn about some of these creeps during his construction of hotels and resorts. Of course he ran into them at parties, too, listening in as a sober guy while people drank and did cocaine.

How much did he learn from his hotel staff? How much did he hear while he was shooting in Hollywood?

It's like he was created specifically for such a time as this.

[JM Hanes]

Miss Marple:

Here's a story from ABC on the Backpage deal, via Instapundit. The WaPo may have it, but I sure couldn't find it there.

[JimNorCal]

If there's a new thread, let it be a Scooter retro thread

[Miss Marple the Deplorable]

Boy, things are happening all over the place!

THIS thread details Noah Rothman's adventures with a PORN STAR when he was an intern on Opie and Anthony's show!

https://twitter.com/popup82/status/984848353170219008

[Miss Marple the Deplorable]

Charlie Spiering
‏Verified account @charliespiering
18m18 minutes ago

My former boss Robert Novak thought that Scooter Libby should have been pardoned.

"I don’t see how you can have obstruction of justice when there is no underlying crime.”

[SUG COMEY]

As I left my hiding place behind the curtains, the President noticed me. He dazzling blue eyes glistening in the bright lights of the White House.
I knew at that moment, that we had made a CONNECTION. I made a mental note, to buy a TRUMP tie tomorrow at a yard sale in Bethesda. I wanted to hug him, but thought that would be innapropriate for a sexually confused 6'9" F.B.I. director, so I put my personal feelings aside and just held his (smaller than mine) hand tightly for several seconds. He got the message.........
to be continued

[maryrose]

Hi Marko!
So great to see you!
TK thought you were in exile.

[Jane]

Yay! Mark has returned. Lock the door so he can't get out!

[maryrose]

JimNor Cal;
I second the motion for a retro Scooter thread!

[clarice feldman]

Pls notice every damn report on the pardon misrepresents the underlying case.
Here's David Gregory:David Gregory
‏Verified account @davidgregory
12m12 minutes ago

So Scooter Libby lied and leaked. Gets pardoned. Trump says Comey lied and leaked and should be prosecuted. That’s Trump’s vision of law and order. And Trump supporters aren’t going to call this what it is?

**Any resemblance to the truth?NO

[maryrose]

Noah Rothman was on Tucker and made a fool out of himself.

[Miss Marple the Deplorable]

Clarice,

You and I are on the same page. I posted that just a bit before you. I also told Gregory on Twitter that Armitage was the leaker and he should read up on the case.

[Miss Marple the Deplorable]

https://pbs.twimg.com/media/Dard_O_WAAAfGzN.jpg:large

This is the Press Release from the White House about the pardon and why.

[Rocco]

sbw, that's a very good question and I can only speculate that the rebel forces, Jaish al-Islam, have obtained some of Assad's stash and used it to frame him. Just a guess.

I've read reports that Syria has agreed to allow inspections but critics claim Syria always waits until the affects of the chlorine gas have dissipated.

Assad had won, we were leaving, now we're on the brink of war with Russia, China and Iran. It doesn't make sense to me.

[maryrose]

IG Report released to Congress today.
So far only part McCabe played in this act of sedition.

[Captain Hate]

Monkey Boy must be trying to make F Chuck look smart.

[Miss Marple the Deplorable]

I found the link on the WaPo story through their Twitter feed:

https://www.washingtonpost.com/news/true-crime/wp/2018/04/13/backpage-ceo-carl-ferrer-pleads-guilty-in-three-states-agrees-to-testify-against-other-website-officials/?noredirect=on&utm_term=.57d972588374

[maryrose]

Rocco:
I am going to wait and see about Syria.
I need more verified information.

[Miss Marple the Deplorable]

My theory on Syria boils down to this: anytime Lindsey Graham and Hillary Clinton are shouting "Bombs away!" I think it's a good idea to pause and ask what in the heck is going on.

[sbw]

Assad had won, we were leaving, now we're on the brink of war with Russia, China and Iran. It doesn't make sense to me

I do not believe we are on that brink. It’s too bad you think so.

You also do not suggest a plausible alternative to marshaling a substantial coalition to do something.

That something, by the way, could be to have the Gulf Cooperation Council smear vaseline on Assad’s toilet seat.

[maryrose]

Clarice:
As I recall,wasn’t Monkey Boy one of the surprised reporters with Andrea Mitchell who acted all innocent about knowing the true leaker?

[sbw]

Scooter thread.

[David "SUG" Gregory spokesmodel.]

Hitler ate oatmeal and killed 6 million Jews.
Trump ate oatmeal and hate children.

Shouldn't Trump put a bullet in his own brain too???

[Miss Marple the Deplorable]

https://www.newyorker.com/culture/annals-of-gastronomy/chick-fil-as-creepy-infiltration-of-new-york-city?mbid=social_twitter

Christian traditionalism!! OMG! How creepy!

his is another publication that won't ever get a nickle from me.

[Porchlight]

Saw several CFAs in midtown on my spring break trip. We ate at one - it was cold and raining and the kids wanted a taste of home. As always, the service and food were great. I love that their success triggers the left.

[clarice feldman]

Yes, maryrose. Do you remember him saying "what one of us knew, all of us knew"? Do you doubt Andrea's BFF Powell didn't tell her and that Russert, and Gregory were cued in?

[Porchlight]

New thread