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Dennis Donovan

Dennis Donovan's Journal
Dennis Donovan's Journal
July 25, 2019

Chis Hayes Tweet; the nightmare scenario

https://twitter.com/chrislhayes/status/1154519790544965634
Chris Hayes ✔ @chrislhayes

The nightmare scenario, one which is not, to my mind, that remote, is that 2020 is very close and amidst recount/contestation of certain state tallies, evidence emerges of security breaches into the state voting systems, throwing the entire result into a legitimacy black hole.

6:32 PM - Jul 25, 2019


"2020 is very close and amidst recount/contestation of certain state tallies, evidence emerges of security breaches into the state voting systems, throwing the entire result into a legitimacy black hole."

This is happening right here on DU, before a single 2020 vote is cast.
July 25, 2019

Affected by Equifax data breach? How to claim $125 settlement (I just did)

On edit: Caveat; they say you have to have credit monitoring in order for you to receive the cash settlement. I use Credit Karma, not equifax's credit monitoring service, so I hope that qualifies.

https://www.usatoday.com/story/money/2019/07/25/equifax-settlement-how-file-claim-125-credit-reporting/1822919001/

If you were affected by the 2017 Equifax data breach, you can now file a claim for a piece of the settlement.

The credit-reporting company has agreed to pay between $575 million and $700 million to settle state and federal investigations related to a massive security incident that exposed the personal information of more than 147 million Americans two years ago.

The settlement, which was announced Monday and is considered the largest ever for a data breach, has preliminary court approval.

The official settlement website, www.equifaxbreachsettlement.com, has been posted and is accepting claims.

To confirm you're eligible to file a claim, enter your last name and the last six digits of your Social Security number on the site or call the Settlement Administrator at 1-833-759-2982.


July 25, 2019

"Then - in the name of democracy - let us use that power - let us all unite!"



I'm sorry, but I don't want to be an emperor.
That's not my business.
I don't want to rule or conquer anyone.
I should like to help everyone if possible.
Jew - Gentile - Black Man, White.
We all want to help one another, human beings are like that.
We want to live by each other's happiness.
Not by each other's misery.
We don't want to hate and despise one another.
And this world has room for everyone, and the good Earth is rich can provide for everyone.
The way of life can be free and beautiful, but we have lost the way.
Greed has posioned men's souls, has barricaded the world with hate, has goose-stepped us into misery and bloodshed.
We have developed speed, but we have shut ourselves in.
Machinery that gives us abundance has left us in want.
Our knowledge has made us cynincal.
Our cleverness, hard and unkind.
We think too much, and feel too little.
More than machinery, we need humanity.
More that cleverness, we need kindness and gentleness.
Without these qualities life will be violent, and all will be lost.
The aeroplane and the radio have brought us closer together.
The very nature of these inventions cries out for the goodness in men - cries out for universal brotherhood - for the unity of us all.
Even now my voice is reaching millions throughout the world - millions of despairing men, women, and little children - victims of a system that makes men torture and imprison innocent people.
To those who can hear me, I say - do not despair.
The misery that is now upon us is but the passing of greed - the bitterness of men who fear the way of human progress.
The hate of men will pass, and dictators die, and the power they took from the people will return to the people.
And so long as men die, liberty will never perish. ...
Soldiers!
don't give yourselves to brutes - men who despise you - enslave you - who regiment your lives - tell you what to do - what to think and what to feel!
Who drill you - diet you - treat you like cattle, use you as cannon fodder.
Don't give yourselves to these unnatural men - machine men with machine minds and machine hearts!
You are not machines!
You are not cattle!
You are men!
You have the love of humanity in your hearts!
You don't hate!
Only the unloved hate - the unloved and the unnatural!
Soldiers!
Don't fight for slavery!
Fight for liberty!
In the 17th Chapter of St Luke it is written: "the Kingdom of God is within man" - not one man nor a group of men, but in all men!
In you!
You, the people have the power - the power to create machines.
The power to create happiness!
You, the people, have the power to make this life free and beautiful, to make this life a wonderful adventure.
Then - in the name of democracy - let us use that power - let us all unite.
Let us fight for a new world - a decent world that will give men a chance to work - that will give youth a future and old age a security.
By the promise of these things, brutes have risen to power.
But they lie!
They do not fulfil that promise.
They never will!
Dictators free themselves but they enslave the people!
Now let us fight to fulfil that promise!
Let us fight to free the world - to do away with national barriers - to do away with greed, with hate and intolerance.
Let us fight for a world of reason, a world where science and progress will lead to all men's happiness.
Soldiers!
in the name of democracy, let us all unite


More inspiring words for today.
July 25, 2019

Was it over when the Germans bombed Pearl Harbor???

This is my pep talk for anyone downtrodden by yesterday's hearings:



I'm putting on my welder's mask and building the Deathmobile. Who's with me??? YAAAAaaaaaaaaa... (runs from room)

July 25, 2019

43 Years Ago Today; Viking 1 photographs 'Face On Mars"

https://tinyurl.com/y4meg66l (Wikipedia)


Small part of the Cydonia region, taken by the Viking 1 orbiter and released by NASA/JPL on July 25, 1976

Cydonia (/sɪˈdoʊniə/, /saɪˈdoʊniə/) is a region on the planet Mars that has attracted both scientific and popular interest. The name originally referred to the albedo feature (distinctively coloured area) that was visible from Earthbound telescopes. The area borders plains of Acidalia Planitia and the Arabia Terra highlands. The area includes the regions: "Cydonia Mensae", an area of flat-topped mesa-like features, "Cydonia Colles", a region of small hills or knobs, and "Cydonia Labyrinthus", a complex of intersecting valleys. As with other albedo features on Mars, the name Cydonia was drawn from classical antiquity, in this case from Cydonia or Kydonia (/sɪˈdoʊniə/; Ancient Greek: ?????ί?; Latin: Cydonia), a historic polis (city state) on the island of Crete. Cydonia contains the "Face on Mars", located about halfway between Arandas Crater and Bamberg Crater.

"Face on Mars"


Cropped version of the original batch-processed image (#035A72) of the "Face on Mars". The black dots that give the image a speckled appearance are data errors (salt-and-pepper noise).

Cydonia was first imaged in detail by the Viking 1 and Viking 2 orbiters. Eighteen images of the Cydonia region were taken by the orbiters, of which seven have resolutions better than 250 m/pixel (820 ft/pixel). The other eleven images have resolutions that are worse than 550 m/pixel (1800 ft/pixel) and are of limited use for studying surface features. Of the seven good images, the lighting and time at which two pairs of images were taken are so close as to reduce the number to five distinct images. The Mission to Mars: Viking Orbiter Images of Mars CD-ROM set image numbers for these are: 035A72 (VO-1010), 070A13 (VO-1011), 561A25 (VO-1021), 673B54 & 673B56 (VO-1063), and 753A33 & 753A34 (VO-1028).


1976 Viking Orbiter image (left, image #070A13) compared with the 2001 Mars Global Surveyor image (right). The "Face" is 1.5 km across in size.

In one of the images taken by Viking 1 on July 25, 1976, a two-kilometre-long (1.2 mi) Cydonian mesa, situated at 40.75° north latitude and 9.46° west longitude, had the appearance of a humanoid face. When the image was originally acquired, Viking chief scientist Gerry Soffen dismissed the "Face on Mars" in image 035A72 as a "trick of light and shadow". However, a second image, 070A13, also shows the "face", and was acquired 35 Viking orbits later at a different sun-angle from the 035A72 image. This latter discovery was made independently by Vincent DiPietro and Gregory Molenaar, two computer engineers at NASA's Goddard Space Flight Center. DiPietro and Molenaar discovered the two misfiled images, Viking frames 035A72 and 070A13, while searching through NASA archives. The resolution of these images was of about 50 m/pixel.

Later imagery
More than 20 years after the Viking 1 images were taken, a succession of spacecraft visited Mars and made new observations of the Cydonia region. These spacecraft have included NASA's Mars Global Surveyor (1997–2006) and Mars Reconnaissance Orbiter (2006–), and the European Space Agency's Mars Express probe (2003–). In contrast to the relatively low resolution of the Viking images of Cydonia, these new platforms afford much improved resolution. For instance, the Mars Express images are at a resolution of 14 m/pixel (46 ft/pixel) or better. By combining data from the High Resolution Stereo Camera (HRSC) on the Mars Express probe and the Mars Orbiter Camera (MOC) on board NASA's Mars Global Surveyor it has been possible to create a three-dimensional representation of the "Face on Mars".

Since it was originally first imaged, the face has been accepted by scientists as an optical illusion, an example of the psychological phenomenon of pareidolia. After analysis of the higher resolution Mars Global Surveyor data NASA stated that "a detailed analysis of multiple images of this feature reveals a natural looking Martian hill whose illusory face-like appearance depends on the viewing angle and angle of illumination". Similar optical illusions can be found in the geology of Earth; examples include the Old Man of the Mountain, the Romanian Sphinx, Giewont, the Pedra da Gávea, the Old Man of Hoy, Stac Levenish, Sleeping Ute, and the Badlands Guardian.

Speculation
The Cydonia facial pareidolia inspired individuals and organizations interested in extraterrestrial intelligence and visitations to Earth, and the images were published in this context in 1977. Some commentators, most notably Richard C. Hoagland, believe the "Face on Mars" to be evidence of a long-lost Martian civilization along with other features they believe are present, such as apparent pyramids, which they argue are part of a ruined city.

While accepting the "face" as a subject for scientific study, astronomer Carl Sagan criticized much of the speculation concerning it in the chapter "The Man in the Moon and the Face on Mars" in his 1995 book The Demon-Haunted World. The shape-from-shading work by Dr. Mark J. Carlotto was used by Sagan in a chapter of his famous Cosmos series. In 1998 a news article about the "Space Face" quoted a scientist talking about deciphering "intelligent design" in nature. A cutting of this was used by Charles Thaxton as an overhead visual for a lecture at Princeton, in his first public use of the term "intelligent design" as a substitute for creation science.

The "face" is also a common topic among skeptics groups, who use it as an example of credulity. They point out that there are other faces on Mars but these do not elicit the same level of study. One example is the Galle Crater, which takes the form of a smiley, while others resemble Kermit the Frog or other celebrities. On this latter similarity, Discover magazine's "Skeptical Eye" column ridiculed Hoagland's claims, asking if he believed the aliens were fans of Sesame Street.

In popular culture
As a result of the speculation concerning their artificial origins, Cydonia and the "Face on Mars" appear frequently in popular culture, including feature films, television series, video games, comic books, and even popular music. For example: films featuring the structures include Mission to Mars (2000); TV series include The X-Files ("Space", 1993), Invader Zim ("Battle of the Planets", 2002), Futurama ("Where the Buggalo Roam", 2002), Phineas and Ferb ("Unfair Science Fair", 2009); video games include Zak McKracken (1988), Final Fantasy IV (1991), Ultima Martian Dreams (1991),X-COM: UFO Defense (1993), SWIV 3D (1996), Red Faction: Guerrilla (2009), Kerbal Space Program (2015), Call of Duty: Infinite Warfare (2016); comic books include Martian Manhunter (#1, 1998); and music includes Cydonia from the album Implant by Eat Static (1994), Telemetry of a Fallen Angel by The Crüxshadows (1995), Cydonia by Crimson Glory (1999), "Knights of Cydonia" by Muse (2006) and Hunting & Gathering (Cydonia) by Sunn O))) (2009).

In 1958, almost two decades prior to the first images of the Face from the Viking probes, the comic book artist Jack Kirby wrote a story entitled "The Face on Mars" for Harvey Comics (Race for the Moon Number 2, September 1958), in which a large face (oriented vertically rather than horizontally) served as a monument to an extinct humanoid race from Mars.

</snip>


July 25, 2019

54 Years Ago Today; Dylan goes electric

https://en.wikipedia.org/wiki/Electric_Dylan_controversy



Electric Dylan controversy
By 1965, Bob Dylan was the leading songwriter of the American folk music revival. The response to his albums The Freewheelin' Bob Dylan and The Times They Are a-Changin' led the media to label him the "spokesman of a generation".

In March 1965, Dylan released his fifth album, Bringing It All Back Home. Side one features Dylan backed by an electric band; side two features Dylan accompanying himself on acoustic guitar. On July 20, 1965, Dylan released his single "Like a Rolling Stone", featuring a rock sound. On July 25, 1965, Dylan performed his first electric concert at the Newport Folk Festival, joined by guitarist Mike Bloomfield and Barry Goldberg of the Paul Butterfield Blues Band. Some sections of the audience booed Dylan's performance, leading members of the folk movement, including Irwin Silber and Ewan MacColl, to criticize Dylan for moving away from political songwriting and for performing with an electric band instead.

Newport 1965 set
At the 1963 Newport Folk Festival, Dylan had been received enthusiastically when he performed "Blowin' in the Wind" with Joan Baez, Peter, Paul and Mary, and other Festival performers. At the 1964 Newport Folk Festival, Dylan performed "With God on Our Side" and "Mr Tambourine Man". Positive reviews of Dylan's 1964 performance were accompanied by criticisms of Dylan's antics and dismissive nature; one critic wrote that "being stoned had rarely prevented his giving winning performances, but he was clearly out of control".


Fans were used to seeing Dylan perform alone, with acoustic guitar and harmonica (1963)

On Saturday, July 24, 1965, Dylan performed three acoustic songs, "All I Really Want to Do", "If You Gotta Go, Go Now", and "Love Minus Zero/No Limit", at a Newport workshop. According to Jonathan Taplin, a roadie at Newport (and later a road manager for the acts of Dylan's manager Albert Grossman), Dylan made a spontaneous decision on the Saturday that he would challenge the Festival by performing with a fully amplified band. Taplin said that Dylan had been irritated by what he considered condescending remarks which festival organiser Alan Lomax had made about the Paul Butterfield Blues Band when Lomax introduced them for an earlier set at a festival workshop. Dylan's attitude, according to Taplin, was, "Well, fuck them if they think they can keep electricity out of here, I'll do it. On a whim, he said he wanted to play electric." Dylan assembled a band and rehearsed that night at a mansion being used by festival organizer George Wein.

On the night of Sunday, July 25, Dylan's appearance was between Cousin Emmy and the Sea Island singers, two traditional acts. Dylan's band included two musicians who had played on his recently released single "Like a Rolling Stone": Mike Bloomfield on lead guitar and Al Kooper on organ. Two of Bloomfield's bandmates from the Paul Butterfield Blues Band, bassist Jerome Arnold and drummer Sam Lay, also appeared at Newport, as well as Barry Goldberg on piano.

Footage of the Newport performance appears in the documentary films Festival (1967), No Direction Home (2005) and The Other Side of the Mirror: Bob Dylan Live at the Newport Folk Festival 1963–1965 (2007). The footage begins with Dylan being introduced by Master of Ceremonies Peter Yarrow: "Ladies and gentlemen, the person that's going to come up now has a limited amount of time ... His name is Bob Dylan." In the documentary footage, both boos and cheers are heard a few bars into Dylan's first song, "Maggie's Farm", and continue throughout his second, "Like a Rolling Stone". Dylan and his band then performed "Phantom Engineer", an early version of "It Takes a Lot to Laugh, It Takes a Train to Cry". Dylan was said to have "electrified one half of his audience, and electrocuted the other".

After "Phantom Engineer", Dylan and the band left the stage. Booing and clapping are in the background. When Peter Yarrow returned to the microphone, he begged Dylan to continue performing. According to Robert Shelton, when Dylan returned to the stage, he discovered he did not have the right harmonica and said to Yarrow, "What are you doing to me?" Dylan then asked the audience for "an E harmonica". Within a few moments, a clatter of harmonicas hit the stage. Dylan performed two songs on acoustic guitar for the audience: "Mr. Tambourine Man", and then, as his farewell to Newport, "It's All Over Now, Baby Blue". The crowd exploded with applause, calling for more. Dylan did not return to the Newport festival for 37 years. In an enigmatic gesture, Dylan performed at Newport in 2002, sporting a wig and fake beard.

Reasons for the crowd's reaction
Filmmaker Murray Lerner and others present at Newport argued that the boos were from outraged folk fans who disliked Dylan playing an electric guitar. Others present, including musician Al Kooper, disagreed, arguing that the audience were upset by poor sound quality and the short duration of the set.

Poor sound quality was the reason musician Pete Seeger, who was backstage, gave for disliking the performance: he says he told the audio technicians, "Get that distortion out of his voice ... It's terrible. If I had an axe, I'd chop the microphone cable right now." Seeger has also said, however, that he only wanted to cut the cables because he wanted the audience to hear Dylan's lyrics properly because he thought they were important. Rumors that Seeger actually had an axe, or that a festival board member pulled or wanted to pull out the entire electrical wiring system are apocryphal. In the film No Direction Home, John Cohen of the New Lost City Ramblers, who is Pete Seeger's brother-in-law, states that Seeger wanted to lower the volume of the band because the noise was upsetting his elderly father Charles, who wore a hearing aid. In the same film, Dylan claimed that Seeger's unenthusiastic response to his set was like a "dagger in his heart" and made him "want to go out and get drunk".

According to jazz historian John Szwed, the legend about Pete Seeger cutting the cable or pulling the cords of the acoustic system may have arisen from an actual incident from earlier that afternoon. Szwed writes that Festival organizer Alan Lomax had asked Texas folklorist Mack McCormick, discoverer of Lightnin' Hopkins, to find a Texas prison gang to bring up to Newport to sing work songs, but the Texas Attorney General would not allow it, so McCormick had rounded up a group of ex-convicts. Since they had never performed together in front of an audience, much less a microphone, McCormick wanted to accustom them to the stage before the concert. "But Bob Dylan's electric band had been rehearsing for some time and refused to leave. 'I was trying to tell Dylan, we need the stage', McCormick said. 'He continued to ignore me. So I went over to the junction box and pulled out the cords. Then he listened'."

Bruce Jackson, another director of the Newport Folk Festival, called the incident "the myth of Newport". Jackson was present at Dylan's 1965 performance and in 2002 reviewed an audio tape of it. Jackson contends that the booing was directed at Peter Yarrow (also a member of the Festival's Board), who upset the crowd when he attempted to keep Dylan's spot to its proper length; Jackson maintains there's nothing to indicate the crowd disliked Dylan's music, electrified or not.

Al Kooper has argued that the boos were brought on by the short duration of Dylan's set, not the fact that Dylan had gone electric. He said: "The reason they booed is that he only played for fifteen minutes when everybody else played for forty-five minutes or an hour. They were feeling ripped off. Wouldn't you? They didn't give a shit about us being electric. They just wanted more." (In fact, the standard set length that night was 15 minutes, and by the end of his electric segment Dylan had already been on stage longer than most of the performers who preceded him, but much of his time had been devoted to tuning and band members switching instruments, so he had only played the three songs.) According to performers Ian & Sylvia Tyson, it was "an angry, startled reaction" but that "it was a hostile audience" that year for other performers also.

Joe Boyd, responsible for the sound mixing at the 1965 Newport Folk Festival, said in an interview with Richie Unterberger in 2007: "I think there were a lot of people who were upset about the rock band, but I think it was pretty split. I think probably more people liked it than didn't. But there was certainly a lot of shouting and a lot of arguing, and a sound which, you can hear in a lot of ballparks. You used to get this confusion when Bill Skowron used to come up to the plate for the Yankees, 'cause his nickname was Moose. And everybody used to go, "MOOSE!" And it sounded like they were booing him. Because you don't get the articulation of the consonant, so that a crowd shouting "more, more, more" at the end of Dylan's three songs sounded very much like booing. I've heard recently a recording of that night, and it doesn't sound to me like booing so much as a roar, just a kind of general hubbub between songs, and during Yarrow's attempt to get Dylan back on stage... I really wouldn't be prepared to say it was 50–50, or two thirds/one third, or whatever. But I think that there was a segment of the audience, somewhere between a quarter and a half, that was dismayed or horrified or varying degrees of unhappy about what he was doing."

In 2007, documentary director Murray Lerner released on DVD his complete footage of Dylan's three appearances at Newport: The Other Side of the Mirror: Bob Dylan Live at the Newport Folk Festival 1963–1965. When interviewed by Mojo magazine, Lerner was asked: "There’s been a lot of debate over the years as to who exactly was doing the booing and who were they booing? Dylan? The organizers? The shortness of the set?" Lerner replied: "It's a good question. When we showed the film at The New York Film Festival [in October 2007] one kid gets up and says, 'About this booing... I was sitting right in front of the stage, there was no booing in the audience whatsoever. There was booing from the performers'. So I said, Well, I don't think you're right. Then another kid gets up and says 'I was a little further back and it was the press section that was booing, not the audience', and I said, Well, I don't think you're right. A third guy gets up and says 'I was there, and there was no question, it was the audience that was booing and there was no booing from the stage'. It was fascinating. People remember hearing what they thought they should hear. I think they were definitely booing Dylan and a little bit Pete Yarrow because he was so flustered. He was not expecting that audience's reaction and he was concerned about Bob’s image since they were part of the same family of artists through Al Grossman. But I absolutely think that they were booing Dylan going electric.

Dylan appears to have believed the booing represented disapproval of his new sound. Interviewed in San Francisco, on December 3, 1965, Dylan was asked whether he was "surprised the first time the boos came?" He responded: "That was at Newport. Well, I did this very crazy thing, I didn't know what was going to happen, but they certainly booed, I'll tell you that. You could hear it all over the place.... I mean, they must be pretty rich, to be able to go some place and boo. I couldn't afford it if I was in their shoes."

</snip>


July 24, 2019

"There comes a point when silence becomes betrayal.."

Rep Elijah Cummings, a short time ago, quoting Dr King.

July 24, 2019

Puerto Rico Gov. Ricardo Rossell is expected to resign today, source says

Source: CNN

(CNN)Puerto Rico Gov. Ricardo Rosselló is expected to resign Wednesday, according to a source familiar with the situation.

The person expected to take his place is Puerto Rico Secretary of Justice Wanda Vazquez.

This comes only one day after his chief of staff submitted his resignation effective July 31.

Ricardo Llerandi Cruz wrote in his resignation letter: "The last few days have been extremely difficult for everyone. At this historical juncture it is up to me to take the welfare of my family into consideration. The threats we've received can be tolerated as an individual, but I will never allow them to affect my home."

</snip>

Read more: https://www.cnn.com/2019/07/24/us/puerto-rico-crisis-wednesday/index.html



...sounds like he finally got the message!
July 24, 2019

45 Years Ago Today; USSC unanimously rules against Nixon - orders him to turn over tapes

https://en.wikipedia.org/wiki/United_States_v._Nixon

United States v. Nixon, 418 U.S. 683 (1974), was a landmark United States Supreme Court case that resulted in a unanimous decision against President Richard Nixon, ordering him to deliver tape recordings and other subpoenaed materials to a federal district court. Issued on July 24, 1974, the decision was important to the late stages of the Watergate scandal, when there was an ongoing impeachment process against Richard Nixon. United States v. Nixon is considered a crucial precedent limiting the power of any U.S. president to claim executive privilege.

Chief Justice Warren E. Burger wrote the opinion for a unanimous court, joined by Justices William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun and Lewis F. Powell. Burger, Blackmun, and Powell were appointed to the Court by Nixon during his first term. Associate Justice William Rehnquist recused himself as he had previously served in the Nixon administration as an Assistant Attorney General.

Summary
The case arose out of the Watergate scandal, which began during the 1972 Presidential campaign between Democratic Senator George McGovern of South Dakota and President Nixon. On June 17, 1972, about five months before the general election, five burglars broke into Democratic headquarters located in the Watergate building complex in Washington, D.C.

In May 1973, Nixon's Attorney General, Elliot Richardson, appointed Archibald Cox to the position of special prosecutor, charged with investigating the break-in. In October 1973, Nixon arranged to have Cox fired in the Saturday Night Massacre. Nonetheless, public outrage forced Nixon to appoint a new special prosecutor, Leon Jaworski, who was charged with conducting the Watergate investigation for the government.

In April 1974, Jaworski obtained a subpoena ordering Nixon to release certain tapes and papers related to specific meetings between the President and those indicted by the grand jury. Those tapes and the conversations they revealed were believed to contain damaging evidence involving the indicted men and perhaps the President himself.

Hoping that Jaworski and the public would be satisfied, Nixon turned over edited transcripts of 43 conversations, including portions of 20 conversations demanded by the subpoena. James D. St. Clair, Nixon's attorney, then requested Judge John Sirica of the U.S. District Court for the District of Columbia to quash the subpoena. While arguing before Sirica, St. Clair stated that:

The President wants me to argue that he is as powerful a monarch as Louis XIV, only four years at a time, and is not subject to the processes of any court in the land except the court of impeachment.

Sirica denied Nixon's motion and ordered the President to turn the tapes over by May 31. Both Nixon and Jaworski appealed directly to the Supreme Court, which heard arguments on July 8. Nixon's attorney argued the matter should not be subject to "judicial resolution" since the matter was a dispute within the executive branch and the branch should resolve the dispute itself. Also, he claimed Special Prosecutor Jaworski had not proven the requested materials were absolutely necessary for the trial of the seven men. Besides, he claimed Nixon had an absolute executive privilege to protect communications between "high Government officials and those who advise and assist them in carrying out their duties."

Decision
Less than three weeks after oral arguments, the Court issued its decision.

Within the court, there was never much doubt about the general outcome, July 9, the day following oral arguments, all eight justices (Justice William H. Rehnquist recused himself due to his close association with several Watergate conspirators, including Attorneys General John Mitchell and Richard Kleindienst, prior to his appointment to the Court) indicated to each other that they would rule against the president. The justices struggled to settle on an opinion that all eight could agree to, however, with the major issue being how much of a constitutional standard could be established for what executive privilege did mean.

Burger's first draft was deemed problematic and insufficient by the rest of the court, leading the other Justices to criticize and re-write major parts of the draft. The final draft would eventually heavily incorporate Justice Blackmun's re-writing of Facts of the Case, Justice Douglas' appealability section, Justice Brennan's thoughts on standing, Justice White's standards on admissibility and relevance, and Justices Powell and Stewart's interpretation of the executive privilege.

The stakes were so high, in that the tapes most likely contained evidence of criminal wrongdoing by the President and his men, that they wanted no dissent. Despite the Chief Justice's hostility to allowing the other Justices to participate in the drafting of the opinion, the final version was agreed to on July 23, the day before the decision was announced, and would contain the work of all the Justices. Chief Justice Burger delivered the decision from the bench and the very fact that he was doing so meant that knowledgeable onlookers realized the decision must be unanimous.

The Court's opinion found that the courts could indeed intervene on the matter and that Special Counsel Jaworski had proven a "sufficient likelihood that each of the tapes contains conversations relevant to the offenses charged in the indictment". While the Court acknowledged that the principle of executive privilege did exist, the Court would also directly reject President Nixon's claim to an "absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances."

The Court held that a claim of Presidential privilege as to materials subpoenaed for use in a criminal trial cannot override the needs of the judicial process if that claim is based, not on the ground that military or diplomatic secrets are implicated, but merely on the ground of a generalized interest in confidentiality. Nixon was then ordered to deliver the subpoenaed materials to the District Court.

Nixon resigned sixteen days later, on August 9, 1974.

</snip>


Hell to the YEAH!
July 24, 2019

60 Years Ago Today: Nik and Dick debate in a faux kitchen

https://en.wikipedia.org/wiki/Kitchen_Debate


Soviet First Secretary Nikita Khrushchev and United States Vice President Richard Nixon debate the merits of communism versus capitalism in a model American kitchen at the American National Exhibition in Moscow (July 1959)

The Kitchen Debate (Russian: Кухонные дебаты, romanized: Kukhonnye debaty) was a series of impromptu exchanges (through interpreters) between the U.S. Vice President Richard Nixon and Soviet First Secretary Nikita Khrushchev at the opening of the American National Exhibition at Sokolniki Park in Moscow on July 24, 1959. For the exhibition, an entire house was built that the American exhibitors claimed anyone in America could afford. It was filled with labor-saving and recreational devices meant to represent the fruits of the capitalist American consumer market. The debate was recorded on color videotape and Nixon made reference to this fact; it was subsequently rebroadcast in both countries.

History
In 1959, the Soviets and Americans had agreed to hold exhibits in each other's countries as a cultural exchange to promote understanding. This was a result of the 1958 U.S.–Soviet Cultural Agreement. The Soviet exhibit in New York opened in June 1959, and the following month Vice President Nixon was on hand to open the US exhibit in Moscow. Nixon took Soviet First Secretary Nikita Khrushchev on a tour of the exhibit. There were multiple displays and consumer goods provided by over 450 American companies. A centerpiece of the exhibit was a geodesic dome, which housed scientific and technical experiments in a 30,000 square foot facility. This was later purchased by the Soviets at the end of the Moscow exhibition. As recounted by William Safire who was present as the exhibitor's press agent, the Kitchen debate took place in a number of locations at the exhibition but primarily in the kitchen of a suburban model house, cut in half for easy viewing. This was only one of a series of four meetings that occurred between Nixon and Khrushchev during the 1959 exhibition. Nixon was accompanied by President Eisenhower's younger brother, Milton S. Eisenhower, former president of Johns Hopkins University.

During the first meeting, in the Kremlin, Khrushchev surprised Nixon when he protested the Captive Nations Resolution passed by the US Congress that condemned the Soviet Union for its "control" over the "captive" peoples of Eastern Europe and called upon Americans to pray for those people. After protesting the actions of the US Congress, he dismissed the new technology of the US and declared that the Soviets would have all of the same things in a few years and then say "Bye bye" as they surpassed the U.S. He satirically asked if there was a machine that "puts food into the mouth and pushes it down". Nixon responded by saying at least the competition was technological, rather than military. Both men agreed that the United States and the Soviet Union should seek areas of agreement. The second visit occurred in a television studio inside the American exhibit. At the end, Khrushchev stated that everything he had said in their debate should be translated into English and broadcast in the US. Nixon responded "Certainly it will, and everything I say is to be translated into Russian and broadcast across the Soviet Union. That's a fair bargain." To this proposal, Khrushchev shook hands vigorously.

The exchange between Khrushchev and Nixon is interesting because while they were discussing which country was superior, they did not compare nuclear weapons, political influence, or control of territories. ["The World Transformed: 1945 to the Present"] They were using the technological innovations set up in the exhibit to compete with one another. Nixon argued that the Americans built to take advantage of new techniques, while Khrushchev argued that the Soviets built for future generations. Khrushchev states, "This is what America is capable of, and how long has she existed? 300 years? 150 years of independence and this is her level. We haven’t quite reached 42 years, and in another 7 years, we’ll be at the level of America, and after that we’ll go farther."

Leonid Brezhnev, future General Secretary of the Communist Party of the Soviet Union, is reported to have been present and acting to obstruct photos of the event by Safire.

The third visit occurred inside the kitchen on a cutaway model home. The model home in which the debate took place was furnished with a dishwasher, refrigerator, and range. It was designed to represent a $14,000 home that a typical American worker could afford. The fourth meeting was a debate that lasted for five hours at Khrushchev's dacha. This meeting was not recorded.

The Kitchen Debate was the first high-level meeting between Soviet and U.S. leaders since the Geneva Summit in 1955.

Television broadcast and American reaction
In the US, three major television networks broadcast the kitchen debate on July 25. The Soviets subsequently protested, as Nixon and Khrushchev had agreed that the debate should be broadcast simultaneously in America and the Soviet Union, with the Soviets threatening to withhold the tape until they were ready to broadcast. The American networks, however, had felt that delay would cause the news to lose its immediacy. Two days later, on July 27, the debate was broadcast on Moscow television, albeit late at night and with Nixon's remarks only partially translated.

American reaction was initially mixed, with The New York Times calling it "an exchange that emphasized the gulf between east and west but had little bearing on the substantive issue" and portrayed it as a political stunt. The newspaper also declared that public opinion seemed divided after the debates. On the other hand, Time, also covering the exhibition, praised Nixon, saying he "managed in a unique way to personify a national character proud of peaceful accomplishment, sure of its way of life, confident of its power under threat."

Because of the informal nature of the exchange, Nixon gained popularity, improving upon the lukewarm reception he previously had with the U.S. public. He also impressed Mr. Khrushchev. Said reporter William Safire, present at the confrontation:

The shrewd Khrushchev came away from his personal duel of words with Nixon persuaded that the advocate of capitalism was not just tough-minded but strong-willed.


Khrushchev claimed that following his confrontation with Nixon he did all he could to bring about Nixon's defeat in his 1960 presidential campaign. The trip raised Nixon's profile as a public statesman, greatly improving his chances for receiving the Republican presidential nomination the following year.

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...could've been worse?

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