The Daily Parker

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The totality of the circumstances

Way back in my first day of law school, Prof. Neil Williams exclaimed that the basis of contract law was "the totality of the circumstances!" Meaning, when evaluating a contract (from whether it exists to whether it's enforceable), you have to look at the context, the facts, the intentions of the parties—everything.

Take, for example, former National Security Adviser Susan Rice's description of the following circumstances:

If Mr. Putin were calling the shots, he would ensure that America’s reliability is doubted, its commitments broken, its values debased and its image tarnished. He would advise the new president to take a series of steps to advance those aims:

First, withdraw from the Trans-Pacific Partnership....

Second, criticize NATO and cast doubt on America’s willingness to defend its allies....

Third, for the coup de grâce: start a trade war with our closest allies.

There is no evidence that Mr. Putin is dictating American policy. But it’s hard to imagine how he could do much better, even if he were.

Josh Marshall ups the volume on the same issue, and points out whether there was active collusion doesn't really matter:

If candidate Trump and President Putin had made a corrupt bargain which obligated President Trump to destabilize all US security and trade alliances (especially NATO, which has been Russia’s primary strategic goal for 70 years) and advance the strategic interests of Russia, there’s really nothing more remotely realistic he could have done to accomplish that than what he has in fact done.

We have a President who clearly got a great deal of assistance from Russia in getting elected. We can argue about how important it was to his victory. But the reality of the help is not in any real dispute. His campaign at a minimum had numerous highly suspicious contacts with people either in the Russian government or acting on behalf of the Russian government while that was happening. That is a very generous interpretation. He’s doing all the stuff he’d have been asked to do if such a corrupt bargain had been made. At a certain point – and I’d say we’re clearly at or past that point – it really doesn’t matter whether we can prove such a bargain was made. I’m not even sure it matters whether it was explicit or even happened. The bank robber helped the teller get the job and now the teller just won’t seem to lock the safe or even turn on the alarm. We can debate forever whether the teller is just absent-minded or has some odd philosophical aversion toward locks. The debate may be unresolvable. It truly doesn’t matter.

No, it really doesn't, though I expect historians will spend centuries debating why Trump has so thoroughly trashed our country to the benefit of Russia. What matters, right now, is that we at the very least install a Democratic Congress this fall, so that we can at the very least put the brakes on.

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