Notes

As the nation awaits the Mueller report, a return to first principles is in order. One relevant first principle was dramatically illustrated in the breach during the waning weeks of the 2016 presidential campaign. Then–FBI Director James Comey announced at a press conference that no criminal charges would be brought against Hillary Clinton. Comey didn’t stop there, however. In that press conference, which will continue to live in infamy, Comey sharply criticized the former secretary of state for her ill-considered conduct in housing a server in her private residence, only to receive official and—not infrequently—classified information.

The nation should have risen, as one, in righteous indignation in the aftermath of the Comey press conference. In a single misadventure, Comey both seized power that was not his—the power to seek an indictment, a prerogative that was entrusted to the attorney general—and then violated one of the fundamental principles of public prosecution: Thou shalt not drag a subject or target of the investigation through the mud via public criticism. Prosecutors either seek an indictment, or  remain quiet.

My body’s preferred way to remind me that I’m aging is through pain. In recent years, my level of consequence-free drinking has plummeted from “omg liMitLe$s!!” to one and a half standard glasses of Chardonnay. In yoga, I am often forced not to enter the “fullest expression of the pose” and instead to just kind of lie there.

And then there is The Tweak. About once a month—not at any certain time of the month, but roughly 12 times a year—I will wake up feeling like someone French-braided my neck muscles overnight. The pain burns from the base of my skull, down one side of my neck or the other, and onto the adjacent shoulder blade. The Tweak makes it impossible to rotate my head fully to one side or the other for the day. It’s not an athletic injury—I know no sport. It’s also not related to any underlying medical conditions that I know of, though when I talked with experts for this article, they asked me “if I am stressed,” which I took to be a rhetorical question.

In March 1997, the Watchtower Bible and Tract Society, the nonprofit organization that oversees the Jehovah’s Witnesses, sent a letter to each of its 10,883 U.S. congregations, and to many more congregations worldwide. The organization was concerned about the legal risk posed by possible child molesters within its ranks. The letter laid out instructions on how to deal with a known predator: Write a detailed report answering 12 questions—Was this a onetime occurrence, or did the accused have a history of child molestation? How is the accused viewed within the community? Does anyone else know about the abuse?—and mail it to Watchtower’s headquarters in a special blue envelope. Keep a copy of the report in your congregation’s confidential file, the instructions continued, and do not share it with anyone.

After one year, 10 months, and six days, Special Counsel Robert Mueller has submitted his final report to the attorney general, signaling the end of his investigation into a potential conspiracy between President Donald Trump’s campaign and Russia.

Mueller’s pace has been breakneck, legal experts tell me—especially for a complicated criminal investigation that involves foreign nationals and the Kremlin, an adversarial government. The next-shortest special-counsel inquiry was the three-and-a-half-year investigation of the Plame affair, under President George W. Bush; the longest looked into the Iran-Contra scandal, under President Ronald Reagan, which lasted nearly seven years. Still, former FBI agents have expressed surprise that Mueller ended his probe without ever personally interviewing its central target: Donald Trump.

On the most recent episode of Last Week Tonight, an HBO show that often sounds as if The Daily Show and The Rachel Maddow Show had combined their writers’ rooms, John Oliver dedicated his monologue to public shaming.

After a brief survey of excesses culled from local television-news reports, the host said, “You may be expecting me to say that all public shaming is bad, but I don’t actually think that.” In his estimation, “misdirected internet pile-ons can completely destroy people’s lives.” But if public shaming is “well directed,” then “a lot of good can come out of it. If someone is caught doing something racist or a powerful person is behaving badly, it can increase accountability.”

The balance of the segment did not substantiate his thesis.

After 675 days, Special Counsel Robert Mueller’s investigation is over. But President Donald Trump’s legal troubles are far from finished.

What has ended is the Department of Justice’s investigation into Russia’s role in the 2016 presidential election, which began after the United States assessed that Moscow had intervened in the vote to tip the election in Trump’s favor. Both Trump and Russia have consistently denied this. But Mueller’s investigation has led to 215 criminal charges, 38 indictments or pleas, and five prison sentences so far. His probe ensnared Trump’s business associates, many of whom had become involved in his political career, including his former personal lawyer Michael Cohen and former campaign chairman Paul Manafort. The special counsel’s office also unearthed a web of criminality, not always directly related to Russian interference.

Schoolhouse Rock, and the Constitution, teach that a bill becomes a law when the president signs it. Often the Supreme Court will explain that a given bill was signed by “the president.” But on rare occasions, the justices will refer to the president by name. Does this SCOTUS name-dropping matter? If the Court merely notes which president was in office when Congress passed a specific bill, there is no problem. That fact, in the legal lingo, is merely descriptive. However, if the Court identifies the president to make a broader point—for example, that the bill was passed by a liberal or a conservative—there may indeed be a problem. The Court should resist the urge to wade, or even dip a toe, into partisan squabbles by naming the politicians responsible for legislation, unless, of course, those facts are necessary to resolve a given a case.

This story contains mild spoilers for the film Us.

It’s perhaps the most indelible image in cinema: Janet Leigh’s scream, her open mouth signaling unmistakable terror, in Alfred Hitchcock’s Psycho. Taken from the movie’s famous shower scene, the shot is now virtually synonymous with the horror genre. There are other elements that establish the gravitas of Hitchcock’s crown-jewel sequence—the shocking and graphic death early in the film, the reveal of Norman Bates’s slashing, the implied nudity and risqué setup in the running shower—but they are best crystallized in that one, almost audible, still.

In his recent run as a bona fide heir to Hitchcock, the comedian and filmmaker Jordan Peele has given the world a potential successor to Leigh’s scream: a black face, skin humidified and reflective, two bulging and bloodshot eyes, and the streaks of two tears. The face belonged to Daniel Kaluuya in Peele’s 2017 Oscar-winning work Get Out, and lives on in Lupita Nyong’o’s performance in the director’s new movie, Us. That silent expression of fear is now a trademark of Peele’s, and a visceral reminder of what he adds to the game. The very act of incorporating black actors and black creators turns horror inside out, giving the genre new dimensions and new power as social commentary.

Historic flooding in the Missouri River and Mississippi River basins has ravaged much of the Midwest in recent days. Nebraska and Iowa bore the brunt of the devastation, but rivers in six states at more than 40 locations have reached record levels. The swollen rivers have made short work of the levees that surround them, blasting through or over the tops of 200 miles of earthen barriers in four states. At least three people have died, and hundreds of homes and structures have been destroyed. The Nebraska Farm Bureau estimates farm and ranch losses up to $1 billion in that state alone.

Should we call this a natural disaster?

Labels matter, even—perhaps especially—in times of emergency. Calling the midwestern carnage a natural disaster neatly absolves us of responsibility, and casts us as hapless victims of an unpredictable and vengeful Mother Nature. Far better to draw a distinction between natural hazards and human-induced disasters. According to Craig Fugate, a former administrator of the Federal Emergency Management Agency, “Floods and hurricanes happen. The hazard itself is not the disaster—it’s our habits, our building codes. It’s how we build and live in those areas—that’s the disaster.” This is not a call for blame, but a call to arms to learn from the past to keep ourselves out of harm’s way.

On Friday, Special Counsel Robert Mueller delivered to Attorney General William Barr a report detailing his investigation into Russian interference in the 2016 election.

Below is the full content of the letter Barr sent to congressional committee members confirming that Mueller’s inquiry is finished:

Dear Chairman [Lindsey] Graham, Chairman [Jerrold] Nadler, Ranking Member [Dianne] Feinstein, and Ranking Member [Doug] Collins:

I write to notify you pursuant to 28 C.F.R. §600.9(a)(3) that Special Counsel Robert S. Mueller III has concluded his investigation of Russian interference in the 2016 election and related matters. In addition to this notification, the Special Counsel regulations require that I provide you with “a description and explanation of instances (if any) in which the Attorney General” or acting Attorney General “concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.” 28 C.F.R. §600.9(a)(3). There were no such instances during the Special Counsel's investigation.