Robert Mueller’s Disastrous Testimony And Its Significance, Part Two

Part I is here.

Random Observations on the Mueller testimony and aftermath:

  • Observing the desperate spin offered by frustrated “resistance” members, desperate Democrats and social media Trump-Haters has been almost as revealing as Mueller’s performance. The most positive  takeaway they could muster is that Mueller clearly said that his investigation didn’t exonerate the President. That’s meaningless. It is not a prosecutor’s job to exonerate anybody, ever. An investigation’s goal is to determine whether there is probable cause to determine that a crime or crimes have been committed, not to prove anyone’s innocence. The hearts of the impeachment mob leaped for joy briefly during the morning hearing of the Judiciary Committee when Mueller answered “yes” to Rep. Ted Lieu’s (D–Calif.) question whether he had declined to indict Trump because of an existing Department of Justice Office of Legal Counsel (OLC) opinion stating that a sitting president couldn’t be charged with a crime. Ah-HA!  Mueller had found evidence of illegal activity committed by the President and was only prevented from indicting him by Justice Department policy! Start those impeachment hearings!

Never mind. In the afternoon hearing before the House Intelligence Committee, reversed himself,   saying that that OLC opinion prevented him from making any determination, period, of Trump’s culpability in obstructing justice. “As we say in the report, and as I said in the opening, we did not reach a determination as to whether the president committed a crime,” Mueller told the Committee after specifically referencing the Lieu exchange.

“I want to go back to one thing that was said this morning by Mr. Lieu, who said, and I quote, ‘you didn’t charge the president because of the OLC opinion.’ That is not the correct way to say it,” Mueller said.

This did not prevent journalists, pundits and my Facebook friends from ignoring the second statement so they could falsely promote the first. “They got him to confirm that he didn’t make a charge because of the Justice Department memo,” said “Meet the Press’s” Chuck Todd in an NBC panel. No, they didn’t. That’s a direct lie, as well as fake news.

  • The contention that Mueller was only a convenient figurehead for what was designed as a partisan hit job was made more credible by Mueller’s confusion. Mueller’s chief deputy, the infamously over-zealous,  partisan and controversial prosecutor Andrew Weissmann, headed a group of mostly left-leaning investigators. Complaints about the apparent rigged nature of the investigation were met by reminders of Mueller’s party affiliation and reputation for fairness and rectitude. That defense was left in the dust.

Now the anti-Trump tenor of the report no longer suggests the objective conclusions of a political neutral, but the partisan bias of prosecutors with an agenda.

  • Mueller’s weakness also suggests an answer to the persistent question of why the investigation appeared to be so incompetently managed, as with, for example, the involvement of Peter Strzok.

It didn’t appear that Mueller was capable of competent oversight, or even paying attention.

  • The most damaging and disturbing Mueller answer by far was when he was asked about Fusion GPS, which hired Christopher Steele to compile the infamous Russian-sourced ‘dossier’ against Trump.  Mueller said that he was ‘not familiar‘ with it. KABOOM! How is this even possible, unless Weissman and the other anti-Trump Jauberts on his team kept the old man locked in a closet somewhere? The involvement of the Steele dossier undercut the legitimacy of his investigation, and the investigation’s leader  was that uninformed about its origins? Was this wilful ignorance? Blatant incompetence?

Finally, how could the investigators and Mueller justify following bread crumbs that led to indictments of various Trump administration and campaign figures for crimes unrelated to the subject of the investigation, but be oblivious to the strong indications of wrongdoing—the FBI’s FISA fraud, the conflicts of interest, the surveillance of Carter Page—related to the investigation itself?

  • In another ridiculous addition to the Ethics Alarms, “Nah, there’s no mainstream media bias!” files—at this point, I  cannot maintain any respect for the intelligence and/or integrity of anyone who denies the obvious partisan bias of CNN, MSNBC, and the major networks—I watched CNN for over 30 minutes this morning to see how they would cover the hearings. Over at Fox News, of course, Mueller’s disturbing demeanor was being dissected in detail. The “Fox and Friends” blonde of the day said, sympathetically, that she would be “praying for him and his family,” since something is definitely seriously wrong.

At CNN, however, there was just a crawl representing Mueller’s testimony as straightforward, sticking to the report, and, of course, emphasizing the “no exoneration” statement and his answer to Lieu, retracted though it was. CNN showed no video of Mueller from either hearing, and its panels all focused exclusively on “where the Democrats go from here.”

Incredible. (Can something be simultaneously incredible and unsurprising?)The big news from the hearings, what those who didn’t have the time or stamina to watch them needed to know, was unquestionably Mueller’s frightening lack of preparation, clarity, or knowledge of the report he had signed and the investigation he had supposedly overseen, and how this undermined the report’s legitimacy, especially as an anti-Trump document.  Not only did he fail to give Democrats more ammunition for their coup as they clearly hoped it would, he undermined the credibility of the entire report.

Spin is one thing; intentionally hiding what occurred to make spin easier is something very different, and a major breach of journalism honesty and integrity.

  • Mueller’s repeated concern during his testimony regarding Russian interference in our elections, past and future, is being largely ignored by CNN and the rest because it directly points the finger of accountability to Barack Obama. The Mueller report  states that Russia began interfering in American democracy in 2014, with the operation becoming full-blown during the 2016 presidential election. The Obama administration knew this was going on, and took no discernible action.  In 2016, Obama’s National Security Adviser Susan Rice told her staff to “stand down” and “knock it off” as they drew up plans to “strike back” against the Russians, according to  Michael Isikoff and David Corn in their book “Russian Roulette: The Inside Story of Putin’s War on America and the Election of Donald Trump.”

Yet I continue to read attacks on Trump because he didn’t take adequate steps to foil the Russians,

  • Where is the accountability? House Judiciary Chairman Jerry Nadler had said over the weekend that Mueller’s report showed “very substantial evidence” that President Donald Trump is “guilty of high crimes and misdemeanors” — an impeachable offense. “We have to … let Mueller present those facts to the American people, and then see where we go from there, because the administration must be held accountable,” Nadler,  said on “Fox News Sunday.” Yet Mueller’s testimony, orchestrated by Nadler,  confirmed none of this. Nadler was intentionally misleading the American public.

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Sources (for Parts 1 and 2): NBC News, Grabien, The American Spectator, Reason, Issues and Insights, The Hill,

Robert Mueller’s Disastrous Testimony And Its Significance, Part One

A transcript of the testimony is here.

The amazing thing is that the Democrats held the hearings at all. Mueller, as a matter of legal ethics and client confidentiality, was severely limited regarding what he  could say beyond what was already in his investigation’s report. Desperate to gain some public relations traction in their endless, nation-rending determination to end a legal and duly elected Presidency without the inconvenience of an election, one can only surmise that Mueller’s ethically problematical press conference led them astray, and not only astray, but into a disaster of their own making.

The first hint that something was amiss was Mueller’s request that an aide sit by him and assist in his testimony. That was not only unusual but ominous, and the Republicans on the committee quickly rejected it. Once Mueller started answering questions, it was painfully clear why this request had been made. He looked disoriented and confused. The 75-year-old Justice Department veteran had to ask committee members to repeat their questions repeatedly, as if he was having difficulty focusing. He often did not know whether the representatives were asking him questions or if they were reading from his own report. In  the first 90 minutes of the hearing, Mueller asked for clarification of questions more than 10 times. Under questioning from Rep. James Sensenbrenner (R-Wisc.), Mueller asked: “And where are you reading from on that?” “I’m reading from my own question” was the answer.  “Then can you repeat it?” Mueller asked. The audience laughed. By the end, the audience had stopped laughing. As Obama strategist David Axelrod tweeted, the performance was “painful” to watch.  Mueller asked Rep. Sheila Jackson Lee to restate her question three times.  Rep. Matt Gaetz (R-Fla.) asked the 14 word question, “Attorney #2 in the Inspector General’s report and Strzok both worked on your team, didn’t they?” and Mueller appeared to be confused by it.“Pardon me?” Mueller replied. After Gaetz restated his question, Mueller replied: “And the question was?” Asked by Head Trump-hunter Judiciary Chairman Jerry Nadler (D-N.Y.) to explain what his investigation  found “in plain terms,” Mueller answered: “Well, the finding indicates that the president, uh, was not, uh, the president was not exculping, uh, exculpated, uh, for the acts that he allegedly committed.”

Ah! Well thank you, sir, that explains everything! Nadler looked as if he wanted to start banging his head on the table.

Continue reading

Robert Mueller’s Bizarre And Unethical Public Statement

There have already been comments on Ethics Alarms regarding Robert Mueller’s surprise public statement to, I assumed, clarify some things being muddled in the political grandstanding and media mush. Frankly, I am not certian what  he thought he was doing, but my suspicions aren’t pretty. The statement was either unethical, or incoherent. Just so we are on the same page, here is the full statement. I’ll be back at the end… Continue reading

The News Media-“Resistance” Alliance On Ugly Display In The “Spygate” Spin

The revelation that there was a mole, Stefan Halper, planted in his campaign by the FBI, prompted President Donald Trump to demand an investigation into whether the FBI or Justice Department infiltrated his campaign for political purposes.  The “resistance” and the mainstream news media have been in panic mode ever since, and have been actively bad at it. Heaven forbid that journalists could admit that when they mocked the President for suggesting that his campaign was surveilled, they were wrong and he was right.

Scott Adams neatly exposed the hypocrisy and dishonesty, tweeting,

“Four things to understand about SPYGATE: 1) There was no spy in the Trump campaign. 2) The spying that did NOT happen was totally justified. 3) It would be bad for national security to identify the spy who doesn’t exist. 4) His name is Stefan.”

Ann Althouse deserves applause for her analysis as well:

James Clapper was on “The View” yesterday and it went like this:

BEHAR: “So I ask you, was the FBI spying on Trump’s campaign?”

CLAPPER: “No, they were not. They were spying on, a term I don’t particularly like, but on what the Russians were doing. Trying to understand were the Russians infiltrating, trying to gain access, trying to gain leverage or influence which is what they do.”

BEHAR: “Well, why doesn’t [Trump] like that? He should be happy.”

CLAPPER: “He should be.”

Well, Trump seems happy that the word “spying” slipped out of Clapper as he was talking about what the FBI was doing. Clapper obviously knew he slipped, since he immediately tried to (subtly) erase it.

Trump displayed his happiness by tweeting: “‘Trump should be happy that the FBI was SPYING on his campaign’ No, James Clapper, I am not happy. Spying on a campaign would be illegal, and a scandal to boot!” And, talking to reporters: “I mean if you look at Clapper … he sort of admitted that they had spies in the campaign yesterday inadvertently. I hope it’s not true, but it looks like it is.”

Then Ann dissected CNN toady Chris Cillizza’s embarrassing attempt to cover for Trump foe Clapper—which, you know, is not the job of a real journalist, only that of a biased hack: Continue reading

It’s Official: The Mueller Investigation Is An Ethics Train Wreck

The Russian election  interference  investigation is officially an Ethics Train Wreck, hence forth known here as “The Mueller Investigation Ethics Train Wreck.”

This is the one year anniversary of the official beginning of the Special Prosecutor’s investigation into Russia’ alleged interference with the 2016 Presidential election, and the question of whether the Trump campaign were involved in the effort, to the extent there was one. That the investigation has morphed into a huge, messy, almost perfect example of an ethics train wreck–the Ethics Alarms designation for an episode and its aftermath in which almost everyone who becomes involved in any way ends up compromised, corrupted, embarrassed or exposed as ethically misguided.

The impetus for the arguable late call was Glenn Greenwald’s jaw-dropping story on what he calls “an extremely strange episode.” Here is some of Greewald’s reporting,

Over the past several weeks, House Republicans have been claiming that the FBI during the 2016 election used an operative to spy on the Trump campaign, and they triggered outrage within the FBI by trying to learn his identity. The controversy escalated when President Trump joined the fray on Friday morning. “Reports are there was indeed at least one FBI representative implanted, for political purposes, into my campaign for president,” Trump tweeted, adding: “It took place very early on, and long before the phony Russia Hoax became a “hot” Fake News story. If true – all time biggest political scandal!”

In response, the DOJ and the FBI’s various media spokespeople did not deny the core accusation, but quibbled with the language (the FBI used an “informant,” not a “spy”), and then began using increasingly strident language to warn that exposing his name would jeopardize his life and those of others, and also put American national security at grave risk. On May 8, the Washington Post described the informant as “a top-secret intelligence source” and cited DOJ officials as arguing that disclosure of his name “could risk lives by potentially exposing the source, a U.S. citizen who has provided intelligence to the CIA and FBI.”

The top Democrat on the Senate Intelligence Committee, Mark Warner, who spent much of last week working to ensure confirmation of Trump’s choice to lead the CIA, Gina Haspel, actually threatened his own colleagues in Congress with criminal prosecution if they tried to obtain the identity of the informant. “Anyone who is entrusted with our nation’s highest secrets should act with the gravity and seriousness of purpose that knowledge deserves,” Warner said.

But now, as a result of some very odd choices by the nation’s largest media outlets, everyone knows the name of the FBI’s informant: Stefan Halper. And Halper’s history is quite troubling, particularly his central role in the scandal in the 1980 election. Equally troubling are the DOJ and FBI’s highly inflammatory and, at best, misleading claims that they made to try to prevent Halper’s identity from being reported.

To begin with, it’s obviously notable that the person the FBI used to monitor the Trump campaign is the same person who worked as a CIA operative running that 1980 Presidential election spying campaign. [From earlier in the article: “Four decades ago, Halper was responsible for a long-forgotten spying scandal involving the 1980 election, in which the Reagan campaign – using CIA officials managed by Halper, reportedly under the direction of former CIA Director and then-Vice-Presidential candidate George H.W. Bush – got caught running a spying operation from inside the Carter administration. The plot involved CIA operatives passing classified information about Carter’s foreign policy to Reagan campaign officials in order to ensure the Reagan campaign knew of any foreign policy decisions that Carter was considering.”]…Halper, through his CIA work, has extensive ties to the Bush family. Few remember that the CIA’s perceived meddling in the 1980 election – its open support for its former Director, George H.W. Bush to become President – was a somewhat serious political controversy. And Halper was in that middle of that, too…. Continue reading

The Woods Procedures

Sheryl Attkisson, the former CBS reporter who is suing the Justice Department and others for, she says, illegally spying on her, authored a widely ignored article in the Hill that clarifies some of the problems critics have with the FISA warrants approved against Carter Page. I know that those who are determined to deny that anything is amiss regarding the FBI as long as the agency appears to be adversarial against this President don’t care about such niceties, but maybe they should stop humming with their fingers in their ears long enough to learn something.

The Woods Procedures were named for the FBI official who drafted the rules as head of the Office of General Counsel’s National Security Law Unit, Michael Woods.  In April 2001. these rules were established to “ensure accuracy with regard to … the facts supporting probable cause,” after the FBI had presented inaccurate information to the FISA court several times, with “[i]ncorrect information …repeated in subsequent and related FISA packages,” the FBI told Congress in August 2003.  Under the Woods procedures, each and every fact presented in an FBI request to electronically spy on a U.S. citizen must be thoroughly vetted for accuracy, and presented to the court only if verified.

As Attkisson points out, we know that this rigorous standard was not followed.

“There’s no dispute that at least some, if not a great deal, of information in the anti-Trump “Steele dossier” was unverified or false. Former FBI director James Comey testified as much himself before a Senate committee in June 2017. Comey repeatedly referred to “salacious” and “unverified” material in the dossier, which turned out to be paid political opposition research against Donald Trump funded first by Republicans, then by the Democratic National Committee and the Hillary Clinton campaign….Yet Comey allegedly signed three of the FISA applications on behalf of the FBI. Deputy Director Andrew McCabe reportedly signed one and former Attorney General Sally Yates, then-Acting Deputy Attorney General Dana Boente and Deputy Attorney General Rod Rosenstein each reportedly signed one or more…”
When Robert Mueller—where have I heard that name before?— was head of the FBI, here was the process that he insisted that his agency go through before it could meet the Woods Procedures with appropriate confidence: Continue reading

Morning Ethics Warm-Up, 2/1/18: Bias Makes You Stupid, But “The Big Stupid” REALLY Makes You Stupid..

Gooooooooood Morning!

1 The Big Stupid. There is a regular flow of ideas and theories from academia and politics that I categorize as “The Big Stupid”: irrational, ideologically-loaded, often dangerous assertions that are seductive to the weak-minded and easily-duped. The problem is that to keep these bad ideas from taking root, one has to actively engage in debunking them, which ironically gives their advocates staying power and credibility. One of the most popular of the current crop of Big Stupid positions is the attacks against “cultural appropriation,” which is a deceptive phrase designed to make something unequivocally good sound sinister. In this case, the completely positive and benign cultural process at the heart of the American experiment, the process of diverse people and cultures becoming one by sharing and adopting the best of what each has to offer, is being scorned as a tool of white supremacy, privilege, oppression and capitalism.

The latest screed in this particular Big Stupid is “Yoga and the Roots of Cultural Appropriation,” co-authored by Michigan State University professor Shreena Gandhi andantiracist white Jewish organizer, facilitator, and healer”  Lillie Wolff. Wolff got her degree from Kalamazoo College in Kalamazoo, Michigan, and the article is published in a Kalamazoo College publication.  The river, Michigan city and College take their name from a Potawatomi Indian Tribe word, but that kind of “cultural appropriatiion” doesn’t matter to the authors, or something.

Don’t expect consistency in the Big Stupid.That would be stupid.

The article is full of Authentic Frontier Gibberish, Academic Division, of the sort that used to send me screaming out of late night bull sessions in college, like,

“Yoga, like so many other colonized systems of practice and knowledge, did not appear in the American spiritual landscape by coincidence; rather, its popularity was a direct consequence of a larger system of cultural appropriation that capitalism engenders and reifies. While the (mis)appropriation of yoga may not be a life-threatening racism, it is a part of systemic racism nonetheless, and it is important to ask, what are the impetuses for this cultural “grabbing”?”

and Continue reading

Morning Ethics Warm-Up,1/28/2018: Looking For The Silver Lining

Good Morning!

1 Phooey. This was one of those annoying weeks where the blog covered a lot of diverse topics (28 posts in the last 7 days), featured excellent comments, and was rewarded by a kick in the teeth. There was a big drop in followers, especially after the post about the Larry Nassar sentencing fiasco (I got slammed on Facebook, too.) That one is not open to legitimate controversy: the judge was unethical, the manner of sentencing did breach the Judicial Canons in Michigan and elsewhere, the length of the sentence was  disproportionate, and the parade of victims was a disgrace to the system. Never mind, though: he’s a monster and didn’t deserved to be treated any better by the judge, so good for her. No wonder trying to get people to reason using ethics tools and systems is so difficult. Most people default to emotion; some lawyers on Facebook even expressed that sentiment—“You go girl!”

It is such basic ethics, and so core to the justice system, that even the worst human beings deserve to be treated with the same respect and fairness as anyone else in the justice system. It is the bedrock of professional ethics that those with the job of protecting the public’s health, safety and welfare must be role models and eschew the passions and indulgences of the public they are pledged to serve. Yet people are frustratingly resistant to both concepts, giving lip service, pretending to understand, then  regularly bouncing back to rationalizations and mob reasoning like their values were on a bungee cord.

Silver Lining: It is satisfying to be 100% sure you are right in principle, even when, indeed especially when, you are getting beaten up for it.

2. And speaking of bitches…Contemporaneously with Hillary Clinton’s transparently cynical and damning response to the revelation that she responded to a campaign staffer’s complaint about sexual abuse by Hillary’s “spiritual survivor” in 2008 by transferring the accuser while keeping her advisor around (to harass others, it seems), she released a video…

…that began with the words, “And let me just say, this is directed to the activist bitches supporting bitches.” And thus we see how the Nation of Assholes is progressing. Somehow, I didn’t see the coarsening of the culture as Americans, as they always so, emulate the conduct of the President, extending to  Hillary Clinton, but why not? She has no integrity or ethics alarms. If she thinks going potty mouth will bring her money and power, why wouldn’t she ditch civility? The woman is first and always an ethics corrupter. Continue reading

Comment Of The Day “Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition”

Chris Marschner, who has had several, scored another Comment of the Day today with his reflections on the strange nature of “obstruction of justice ” charges, when justice would in fact be for no charges to be brought at all.

He was focusing on #3 in today’s warm-up,  which discussed yesterday’s “resistance” theory that  allegations  that the President wanted to fire the Special Prosecutor (but didn’t) prove that he was trying to obstruct justice when he fired James Comey, who so, so deserved it.

I see unmistakable signs that the “resistance” is losing its already tenuous grip on reality, and is increasingly yielding the raw hate and fury that long ago supplanted any rational criticism of Donald Trump. Consider has-been Leftist documentarian Michael Moore, who with fellow progressive performers Mark Ruffalo, Whoopi Goldberg, Rosie Perez and Cynthia Nixon, who have to do something between jobs, is pushing  Monday’s Counter-State of the Union , which is only slightly more sensible than the “scream pointlessly at the sky” event. Remarkably, among Moore, Whoopie, Rosie, Cynthia and Mark there isn’t a single political science, history, economics, or government major. In fact, there isn’t a single college degree of any kind between them, or business, government or executive experience of any kind.

 Michael Moore, speaking on behalf  of MoveOn.org (Do the Time’s Up and #MeToo crowd recall that Move-On was spawned to protest Bill Clinton facing accountability for his cover-up of sexual misconduct? Nah.), sent out an email that read in part, before the fundraising pitch,

Donald J. Trump has proven himself to be completely unfit for office, a threat to our country, and an imminent danger to the world. He is not well; he is a malignant narcissist and an active sociopath. And because he holds the codes to fire nuclear weapons, he is a singular threat to humanity.

This situation is a nightmare. And the only reason that things aren’t FAR WORSE than they already are is that millions of us have come together to engage in our democracy, resist, and organize.

But our problems go far beyond one sociopath president. The mission that we are on and the work that we must do is to tear down the rigged system that produced Trump in the first place. We must imagine the America that we want to live in. We must create the post-Trump America.

And this is actually possible: The fierce, determined Resistance movement that began after Trump’s election could create an avalanche at the polls this November. Together, we can stop Trump and the GOP and begin the work of creating the country that we imagined.

The country the Moore imagined was called the USSR. But I digress.

Here is Chris Marschner’s Comment of the Day on the post, Morning Ethics Warm-Up: 1/27/2018: “If You Want It, Here’s How To Get It” Edition: Continue reading

Morning Ethics Warm-Up, 1/27/2018: “If You Want It, Here’s How To Get It” Edition

Good Morning (and I hope you all feel better than I do).

1 Tide Pod Update: If you want more libertarians, here’s how to get them.  At the Fortune site, Harold I. Ziegler writes,

Recently, videos have circulated on social media showing teens deliberately eating Tide Pods laundry detergent packs. All of this is part of what some call the “Tide Pod Challenge.” These pods contain highly concentrated laundry detergent under pressure and explode when bitten into, releasing their toxic contents and causing rapid ingestion and inhalation of dangerous chemicals. In my capacity as a toxic chemical researcher and consultant, I have investigated and seen several instances of the horrendous consequences that result from laundry pack ingestion: permanent burning of the mouth, throat, digestive tract, and lung tissue, and in some cases even death.Procter & Gamble (P&G), the manufacturer of Tide Pods, as well as other companies selling laundry detergent packs, have acted in the past to stem the misuse of their products. But these safety measures have failed.

It’s clear that laundry pods as they currently exist are too dangerous to be sold to the public. If P&G and other manufacturers can’t figure out a way to reduce the more than 10,000 injuries they cause each year, laundry packs need to be taken off the market.

If there is a better example of the thought processes that create nanny states and push society to eliminate personal responsibility, accountability and autonomy from its values, I can’t think of it. If people persist in the “Hit Yourself In The Head With a Hammer Challenge,” ban hammers.  How do intelligent, educated people end up thinking like this? More amazing still is that a consultant can put out an addled argument like this one for public consumption—Wait! Harold’s opinions make people stupid, and we can’t seem to stop people from reading them! Using Harold’s logic, we better ban freedom of expression! Or Harold!—and still be able to persuade clients to pay for his advice.

2. But if it’s more white nationalism you want, here’s how you get THAT…San Francisco Acting Mayor London Breed, an African-American, was voted out at by her colleagues Board of Supervisors in favor of Mark Farrell, who is white. The Horror.  will replace her as interim mayor until voters select a new mayor in June. As soon as it became apparent that the first African-American woman to lead San Francisco, albeit only because the elected mayor died suddenly, was being replaced by a white male, black citizens in the room erupted with rage, with many leaving in protest, and others shouting, “Shame, shame, shame.” “This is war!” some shouted as the meeting ended.

Nice.

In related news, the Congressional Black Caucus announced that it will boycott the State of the Union speech. Continue reading