Thursday Reads: Come Hell and High Water

The Storm, Pierre-Auguste Cot, 1880, The Met

Good Day Sky Dancers!

I’m back from another few days of more excitement than I really need.  Fortunately, the worst of yesterday’s storms missed the City of New Orleans but more than a dozen tornadoes ravaged the south including states north and east of us.  I spent most of the evening fixated on the various radars identifying debris and hooks.  I can’t wait to get my weather station set up in the backyard!

There is some news coming out of the Justice Department about a criminal probe into the January 6 rally prep and funding. The Washington Post had most of its national security reporters on the story and it’s a big one!  They broke the story last night around supper time. “Justice Dept. expands Jan. 6 probe to look at rally prep, financing. Subpoena requests seek information about the planning for gathering outside White House that preceded Capitol riot”

In the past two months, a federal grand jury in Washington has issued subpoena requests to some officials in former president Donald Trump’s orbit who assisted in planning, funding and executing the Jan. 6 rally, said the people familiar with the matter, who spoke on the condition of anonymity to discuss an ongoing investigation.

The development shows the degree to which the Justice Department investigation — which already involves more defendants than any other criminal prosecution in the nation’s history — has moved further beyond the storming of the Capitol to examine events preceding the attack.

The events of Jan. 6, 2021, are a legally fraught puzzle for federal investigators. Prosecutors and FBI agents must distinguish between constitutionally protected First Amendment activity, such as speech and assembly, and the alleged conspiracy to obstruct Congress or other potential crimes connected to fundraising and organizing leading up to Jan. 6.

The task is also complicated by the proximity of those two very different types of activities — speech and violence — that occurred within hours of each other and less than a mile apart.

Edvard Munch, The Storm, 1893 MoMA

Also revealed yesterday were more details concerning the huge loss of phone logs on the day of the attack.  This is from the UK Guardian. “Revealed: Trump used White House phone for call on January 6 that was not on official log. Trump’s call to Republican senator should have been reflected in presidential call log on day of Capitol attack but wasn’t.”  There was some suspicion of the use of a burner phone or borrowed phones as BB discussed in earlier posts this week. This seems to show at least one phone call that wasn’t logged or was and then removed.

Donald Trump used an official White House phone to place at least one call during the Capitol attack on January 6 last year that should have been reflected in the internal presidential call log from that day but was not, according to two sources familiar with the matter.

The former president called the phone of a Republican senator, Mike Lee, with a number recorded as 202-395-0000, a placeholder number that shows up when a call is incoming from a number of White House department phones, the sources said.

The number corresponds to an official White House phone and the call was placed by Donald Trump himself, which means the call should have been recorded in the internal presidential call log that was turned over to the House select committee investigating the Capitol attack.

Trump’s call to Lee was reported at the time, as well as its omission from the call log, by the Washington Post and CBS. But the origin of the call as coming from an official White House phone, which has not been previously reported, raises the prospect of tampering or deletion by Trump White House officials.

It also appears to mark perhaps the most serious violation of the Presidential Records Act – the statute that mandates preservation of White House records pertaining to a president’s official duties – by the Trump White House concerning January 6 records to date.

This is from the Norm Eisen link to CNN and his OpEd co-authored with Fred Wertheimer. “Finally, a road map to hold Trump accountable.”

The resignation of two Manhattan prosecutors for their boss’s failure to charge former President Donald Trump over potential financial crimes last month has reignited debate over whether he will ever be held accountable for his alleged misdeeds.

That matters not only looking back but also going forward because perhaps his most notorious outrage — the big lie that he won the 2020 presidential election — has not halted. It continues to drive hundreds of voter suppression and election sabotage bills and anti-democratic candidates across the country. And it has captured and corrupted a significant faction of the Republican Party.

Thankfully, Judge David Carter’s decision on Monday, finding Trump “more likely than not” committed crimes, sets out a road map for finally imposing consequences for the big lie. It does so by tackling the thorniest legal issues regarding Trump, his enablers and the events in and around January 6, 2021 — and showing how they can be addressed by prosecutors.

Perhaps the most daunting of these is the question of Trump’s criminal intent. How can a prosecutor prove what Trump was thinking when he publicly claims good faith but refuses to testify, when those closest to him also resist or are hostile witnesses and when he does not use the prosecutor’s best friend, email?

Intent is where the Manhattan District Attorney’s financial case seemed to come a cropper. Whatever you think of the DA’s failure to prosecute financial crime, and we strongly disagreed, Carter offered a powerful array of evidence about democracy crimes.

Carter applies precedent to show that “a person does not need to know their actions are wrong to break the law.” Trump exceeded this threshold because he likely knew that right-wing lawyer John Eastman’s plan to throw out electoral votes was illegal. Carter cites the January 6 House select committee’s carefully compiled evidence that Trump was advised publicly and privately numerous times that there was absolutely no evidence of significant electoral fraud.

As the opinion notes, Trump’s calls to Georgia Secretary of State Brad Raffensperger in which he famously asked the secretary to “give (him) a break” and “find 11,780 votes” (one vote more than Biden’s margin of victory in that state) reveal the former President’s goal: not to undertake any legitimate investigation, but simply to overturn the election. This is strong evidence of a “corrupt mindset,” and it leads Carter to an eminently simple conclusion: “(t)he illegality of the plan was obvious.”

Edward Mitchell Bannister, Approaching Storm, 1886, Smithsonian American Art Museum,

I’d also like to use the Wayback Machine to visit Marcie’s Post of February 21 that covers “HOW JUDGE AMIT MEHTA ARGUED IT PLAUSIBLE THAT TRUMP CONSPIRED WITH TWO MILITIAS at Empty Wheel.

IT IS PLAUSIBLE THAT DONALD TRUMP ENTERED INTO A CONSPIRACY WITH TWO MILITIAS

As Judge Mehta laid out, accepting the claims alleged as true (which one must do on motions to dismiss), there were five things Trump did that made the plaintiffs’ claims of a conspiracy plausible, which is the standard required to reject the motion to dismiss:

  • They agreed to pursue the goal of disrupting the vote certification: “The President, the Proud Boys, the Oath Keepers, and others “pursu[ed] the same goal”: to disrupt Congress from completing the Electoral College certification on January 6th.”
  • Trump encouraged means of obstructing the vote count and the militias (and others) carried them out: “He knew the respective roles of the conspirators: his was to encourage the use of force, intimidation, or threats to thwart the Certification from proceeding, and organized groups such as the Proud Boys and the Oath Keepers would carry out the required acts.”
  • Trump incited law-breaking: “Based on these allegations, it is reasonable to infer that before January 6th the President would have known about the power of his words and that, when asked, some of his supporters would do as he wished. On January 6th they did so. When he called on them to march to the Capitol, some responded, “Storm the Capitol.” Thousands marched down Pennsylvania Avenue as directed. And, when some were inside the Capitol, they told officers, “We were invited here by the President of the United States.”
  • Trump called for collective action: “Fourth, the President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable.”
  • Trump ratified the riot: “And then, around 6:00 p.m., after law enforcement had cleared the building, the President issued the following tweet: ‘These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!’ A reasonable observer could read that tweet as ratifying the violence and other illegal acts that took place at the Capitol only hours earlier.”

Laying out the conspiracy like this is the easy part.

The hard part is finding that the sitting President could be sued, and could be sued substantially for his speech.

Marcie notes the Judge took care of that part too in 3 easy steps.  So, it’s getting increasingly obvious that sitting judges consider Trump guilty-as-fuck to use a JJism.  If you want some more of Marcie’s research follow this thread as she schools Ben Wittes for not doing his homework.

Well, enough of the Trump Hell realm. Now to the Russian-created Hell Realm.

Henri Rousseau, Tiger In A Tropical Storm Surprised, National Gallery, London, England

That all looks promising.  From the NBC Link:

The Biden administration could soon announce a plan to release around 1 million barrels of oil a day from the Strategic Petroleum Reserve for as long as six months, a source familiar with the matter has told NBC News. The announcement could come as soon as Thursday.

In Ukraine, an evacuation convoy of 17 buses was able to leave the besieged port city of Mariupol Thursday morning, according to its city council, with further evacuations anticipated for Friday. Meanwhile, the Pentagon said it had seen Russian forces near Kyiv move north or into Belarus, with both the U.S. and U.K. saying it appeared troops were looking to resupply and reorganize.

But, from the Covid-19 front, it looks like Mitch wants us all to die and go to hell.

The size of a bipartisan package to provide fresh spending to combat COVID-19 could shrink to $10 billion, Senate Republican Leader Mitch McConnell said Thursday, and the chamber’s top Democrat also suggested its price tag could fall.

Negotiators have been trying for weeks to revive a $15.6 billion compromise they had agreed to earlier this month. That fell apart after House Democrats rejected cuts in pandemic aid to states to help pay for it, and the parties remain divided over how to find savings both sides can accept.

The new money would be to purchase vaccines, treatments and tests, which the administration says are running low, even as the more transmissible omicron variant BA.2 spreads quickly in the U.S. and abroad.

So, that’s it for me today. I’ll be back tomorrow with more from all of these black swan events.

What’s on your reading and blogging list today?


Tuesday Reads: The Many Crimes of Donald Trump

Good Morning!!

Lots of January 6 investigation news breaking this morning. There are also other Trump crime developments.

January 6 News

Rose Mary Woods, President Richard Nixon's secretary at her White House desk, demonstrates the Rose Mary Stretch which could have resulted in the erasure of part of the Watergate tapes, 1973.

Rose Mary Woods, President Richard Nixon’s secretary at her White House desk, demonstrates the Rose Mary Stretch which could have resulted in the erasure of part of the Watergate tapes, 1973.

Nixon had an 18 minute gap; Trump’s gap is much longer. Bob Woodward and Robert Costa at The Washington Post: Jan. 6 White House logs given to House show 7-hour gap in Trump calls.

Internal White House records from the day of the attack on the U.S. Capitol that were turned over to the House select committee show a gap in President Donald Trump’s phone logs of seven hours and 37 minutes, including the period when the building was being violently assaulted, according to documents obtained by The Washington Post and CBS News.

The lack of an official White House notation of any calls placed to or by Trump for 457 minutes on Jan. 6, 2021 – from 11:17 a.m. to 6:54 p.m. – means the committee has no record of his phone conversations as his supporters descended on the Capitol, battled overwhelmed police and forcibly entered the building, prompting lawmakers and Vice President Mike Pence to flee for safety.

The 11 pages of records, which consist of the president’s official daily diary and the White House switchboard call logs, were turned over by the National Archives earlier this year to the House select committee investigating the Jan. 6 attack.

The records show that Trump was active on the phone for part of the day, documenting conversations that he had with at least eight people in the morning and 11 people that evening. The seven-hour gap also stands in stark contrast to the extensive public reporting about phone conversations he had with allies during the attack, such as a call Trump made to Sen. Mike Lee (R-Utah) — seeking to talk to Sen. Tommy Tuberville (R-Ala.) — and a phone conversation he had with House Minority Leader Kevin McCarthy (R-Calif.).

On what the January 6 committee is looking at:

The House panel is now investigating whether Trump communicated that day through backchannels, phones of aides or personal disposable phones, known as “burner phones,” according to two people with knowledge of the probe, who, like others interviewed for this report, spoke on the condition of anonymity to discuss sensitive information. The committee is also scrutinizing whether it received the full logs from that day.

best burner phones, 2022

Best burner phones, 2022

One lawmaker on the panel said the committee is investigating a “possible coverup” of the official White House record from that day. Another person close to the committee said the large gap in the records is of “intense interest” to some lawmakers on the committee, many of whom have reviewed copies of the documents…..

Trump was known for using different phones when he was in the White House, according to people familiar with his activities. Occasionally, when he made outbound calls, the number would show up as the White House switchboard’s number, according to a former Trump Cabinet official. Other times, he would call from different numbers – or no number would appear on the recipient’s phone, the official said….

In a statement Monday night, Trump said, “I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”

Uh huh.

This isn’t really breaking news, but it shows that there are investigations of Trump’s culpability for January 6. The New York Times: New Focus on How a Trump Tweet Incited Far-Right Groups Ahead of Jan. 6. Federal prosecutors and congressional investigators are documenting how the former president’s “Be there, will be wild!” post became a catalyst for militants before the Capitol assault.

Mr. Trump’s Twitter post in the early hours of Dec. 19, 2020, was the first time he publicly urged supporters to come to Washington on the day Congress was scheduled to certify the Electoral College results showing Joseph R. Biden Jr. as the winner of the presidential vote. His message — which concluded with, “Be there, will be wild!” — has long been seen as instrumental in drawing the crowds that attended a pro-Trump rally on the Ellipse on Jan. 6 and then marched to the Capitol.

But the Justice Department’s criminal investigation of the riot and the parallel inquiry by the House select committee have increasingly shown how Mr. Trump’s post was a powerful catalyst, particularly for far-right militants who believed he was facing his final chance to reverse defeat and whose role in fomenting the violence has come under intense scrutiny.

Extremist groups almost immediately celebrated Mr. Trump’s Twitter message, which they widely interpreted as an invitation to descend on the city in force. Responding to the president’s words, the groups sprang into action, court filings and interviews by the House committee show: Extremists began to set up encrypted communications channels, acquire protective gear and, in one case, prepare heavily armed “quick reaction forces” to be staged outside Washington.

They also began to whip up their members with a drumbeat of bellicose language, with their private messaging channels increasingly characterized by what one called an “apocalyptic tone.” Directly after Mr. Trump’s tweet was posted, the Capitol Police began to see a spike in right-wing threats against members of Congress.

More details from the NYT article:

Prosecutors have included examples in at least five criminal cases of extremists reacting within days — often hours — to Mr. Trump’s post.

One of those who responded to the post was Guy Wesley Reffitt, an oil-field worker from Texas who this month became the first Jan. 6 defendant to be convicted at trial. Within a day of Mr. Trump’s Twitter post, Mr. Reffitt was talking about it on a private group chat with other members of the far-right militia organization the Texas Three Percenters.

Guy Wesley Reffitt center in helmet

Guy Wesley Reffitt, center in blue with helmet

“Our President will need us. ALL OF US…!!! On January 6th,” Mr. Reffitt wrote. “We the People owe him that debt. He Sacrificed for us and we must pay that debt.”

The next day, prosecutors say, Mr. Reffitt began to make arrangements to travel to Washington and arrive in time for “Armageddon all day” on Jan. 6, he wrote in the Three Percenters group chat. He told his compatriots that he planned to drive because flying was impossible with “all the battle rattle” he planned to bring — a reference to his weapons and body armor, prosecutors say.

Some in the group appeared to share his anger. On Dec. 22, one member wrote in the chat, “The only way you will be able to do anything in DC is if you get the crowd to drag the traitors out.”

Mr. Reffitt responded: “I don’t think anyone going to DC has any other agenda.”

Reffitt was the first Capitol insurrectionist to be convicted in a jury trial.

Analysis by Stephen Collinson at CNN: Trump’s January 6 plot appears darker and more dangerous by the day.

Even as a federal judge commented Monday that Trump “more likely than not” sought to commit a crime to stay in office last year, the ex-President’s attacks on democracy are intensifying. They were on display as recently as Saturday night in a lie-filled rally that underscored how his conspiracy to overturn the election — whether it is criminal or not — remains viscerally alive and able to damage future elections.

While much of the country has been transfixed by Russia’s brutal war in Ukraine, the House committee investigating the insurrection has been racing against the clock ticking down to its own likely demise if Republicans win back the House in November’s midterms. It took another step on Monday toward holding two former Trump advisers to account by advancing criminal contempt referrals.

On Tuesday, The Washington Post and CBS News reported that a gap of more than seven hours exists in the logs of phone calls placed to or from Trump on January 6 that were turned over to the House committee. CNN had previously reported that records were missing regarding the calls.

It’s extraordinary that, more than 14 months on, new details of efforts by Trump and those around him to subvert President Joe Biden’s victory are still emerging. It’s also ironic that this threat to American democracy is being further exposed while Washington leads an international effort to save freedom in Ukraine, which is under much greater assault from Russian President Vladimir Putin, whom Trump still seems to hero worship.

Here at home, a flurry of new details in recent days about the ex-President’s behavior justifies continued investigations into the worst attack on American democracy in decades. Those revelations also explain why pro-Trump Republicans were so keen to prevent the House select committee investigating January 6, 2021, from ever getting off the ground. And they inject a new political dimension into Trump’s attempted comeback as he casts the 2022 midterm elections as a referendum on the lie that he won in 2020 and seeks to build a return to the White House on the same falsehoods that have drawn in millions of his supporters.

On yesterday’s report that federal judge David Carter determined that Trump committed crimes and the repercussions for Attorney General Merrick Garland:

3000Carter can’t initiate a case against Trump. But his words didn’t just raise a blaring historical marker over a President committing a potential crime in office — and one that put the entire US democratic system at risk. His comment re-focused attention on the debate within the House committee over whether to make what would be a historic criminal referral of Trump to the Justice Department. Such a move would present Attorney General Merrick Garland with the earthshaking decision of whether to prosecute an ex-President who is maneuvering with a $100 million war chest in a potential bid to reclaim his job in 2024.

There could be few hotter political potatoes for an attorney general already facing political pressure to deal with Trump aides who are obstructing the committee.

Failing to pursue Trump in such circumstances would send a signal of impunity for presidents who seek to destroy American democratic institutions, even as Trump’s supporters who ransacked the US Capitol begin to be convicted and face prison terms for apparently acting on their political hero’s wishes.

Last night the January 6 Committee voted to recommend contempt charges for Trump aides Peter Navarro and Dan Scavino for refusing to testify to the committee. In addition, ABC News reports that Jared Kushner is expected to testify to the committee on Thursday.

More Trump Crimes

CNBC: ‘Significant’ evidence suggests Trump Organization misstated asset values for more than a decade, NY AG says.

The New York Attorney General’s Office has “uncovered significant evidence” suggesting that financial statements by the Trump Organization relied on misleading valuations of its real estate assets for more than a decade, the office said in a court filing Tuesday.

Those potentially misleading valuations “and other misrepresentations” were used by the company owned by ex-President Donald Trump “to secure economic benefits — including loans, insurance coverage, and tax deductions — on terms more favorable than the true facts warranted,” the filing alleged.

The claims by Attorney General Letitia James were made in response to an appeal by the Trump Organization and Donald Trump of last month’s order by a Manhattan state court judge directing Trump and two of his adult children, Donald Trump Jr. and Ivanka Trump to submit to interviews by James’ investigators….

In one glaring example, the financial statements for the Trump Organization from 2010 to 2012 “collectively valued” rent-stabilized apartment units it owned at $49.59 million, which was “over sixty-six times the $750,000 total value the outside appraiser had assigned to these units,” the filing said in a footnote.

Image: FILE PHOTO: New York State Attorney General, Letitia James, speaks during a news conference, to announce criminal justice reform in New York

New York State Attorney General, Letitia James REUTERS/Brendan McDermid/File Photo/File Photo

The attorney general has said she is conducting both a civil investigation and a criminal probe related to the company.

“Mr. Trump personally certified the accuracy of the Statements for the years prior to 2016, at which point his assets were placed in a revocable trust,” while Donald Jr. “was responsible for the Statements for the years 2016 to 2020,” James noted in the filing.

That document said that from 2012 through 2016, the company’s financial statements said that Trump’s triplex apartment in Trump Tower in Manhattan “exceeded 30,000 square and valued the apartment at up to $327 million based on those dimensions,” the filing noted.

But in 2017, the company’s statement “slashed the apartment’s value by two-thirds, sizing the residence at just under 11,000 square fees,” which is the figure specified in the offering plan for the building, the filing said.

One more from Just the News: Exclusive: Trump calls on Putin to release info on Hunter Biden’s dealings with oligarchs.

Former President Donald Trump is calling on Russian leader Vladimir Putin to release any information he possesses on Hunter Biden’s dealings with oligarchs in Eastern Europe. 

In an interview with the Just the News television show on Real America’s Voice airing Tuesday, the former president cited a 2020 Senate report that disclosed Russian oligarch Yelena Baturina, then the wife of Moscow’s mayor, provided $3.5 million a decade ago to a company co-founded by President Joe Biden’s son and unanswered questions about why the money was given.

“She gave him $3.5 million so now I would think Putin would know the answer to that. I think he should release it,” Trump said in a wide-ranging interview at his Mar O Lago resort in Florida. “I think we should know that answer.”

A grand jury in Delaware has been investigating Hunter Bjden’s business dealings for possible tax violations, foreign lobbying issues and money laundering. Hunter Biden has acknowledge the probe but denied wrongdoing.

Trump said he also would like to know more about Hunter Biden’s relationship with Ukrainian oligarch Nikolai Zlochevsky, the owner of the Burisma Holdings gas company that hired the Biden scion in 2014 to its board and paid him hundreds of thousands of dollars a year. 

Shades of Trump’s “Russia, are you listening” appeal for Hillary Clinton’s emails in 2016.

What’s on your mind today?

 


Monday Reads

Good Afternoon!!

Daknikat has a cell phone emergency, so I’m filling in and starting really late–just beginning to look at the news. There’s quite a bit happening.

The Washington Post’s Michael Kranish has a big story about Ted Cruz and January 6: Inside Ted Cruz’s last-ditch battle to keep Trump in power. It turns out that Cruz and John Eastman, the lawyer who wrote a memo explaining how Pence could supposedly refuse to certify the election, have known each other for 27 years. Not only that, Trump asked Cruz if he would argue the case to overturn the election if they could get the Supreme Court to hear it. From the article:

An examination by The Washington Post of Cruz’s actions between Election Day and Jan. 6, 2021, shows just how deeply he was involved, working directly with Trump to concoct a plan that came closer than widely realized to keeping him in power. As Cruz went to extraordinary lengths to court Trump’s base and lay the groundwork for his own potential 2024 presidential bid, he also alienated close allies and longtime friends who accused him of abandoning his principles.

ted-cruz-january-6Now, Cruz’s efforts are of interest to the House committee investigating the Jan. 6 attack on the U.S. Capitol, in particular whether Cruz was in contact with Trump lawyerJohn Eastman, a conservative attorney who has been his friend for decades and who wrote key legal memos aimed at denying Biden’s victory.

As Eastman outlined a scenario in which Vice President Mike Pence could denycertifying Biden’s election, Cruz crafted a complementary plan in the Senate. He proposedobjecting to the results in six swing states and delayingaccepting the electoral college results on Jan. 6 in favor of a 10-day “audit” — thus potentiallyenabling GOP state legislatures to overturn the result. Ten other senators backed hisproposal, which Cruz continued to advocate on the day rioters attacked the Capitol.

The committee’s interest in Cruz is notable as investigators zero in on how closely Trump’s allies coordinated with members of Congress in the attempt to block or delay certifying Biden’s victory. If Cruz’s plan worked, it could have created enough chaos for Trump to remain in power.

“It was a very dangerous proposal, and, you know, could very easily have put us into territory where we got to the inauguration and there was not a president,” Rep. Liz Cheney (R-Wyo.), a Jan. 6 committee member, said earlier this year on the podcast “Honestly.” “And I think that Senator Cruz knew exactly what he was doing. I think that Senator Cruz is somebody who knows what the Constitution calls for, knows what his duties and obligations are, and was willing, frankly, to set that aside.”

Eastman and Cruz both worked for Michael Luttig, who was then on the U.S. Appeals Court. Here’s what Luttig has to say about Cruz’s actions:

Luttig told The Post that he believes that Cruz — who once said that Luttig was “like a father to me” — played a paramount role in the events leading to Jan. 6.

“Once Ted Cruz promised to object, January 6 was all but foreordained, because Cruz was the most influential figure in the Congress willing to force a vote on Trump’s claim that the election was stolen,” Luttig said in a statement to The Post. “He was also the most knowledgeable of the intricacies of both the Electoral Count Act and the Constitution, and the ways to exploit the two.”

The story also says that Eastman took the Fifth when the Committee asked him about communications with Cruz.

Also from The Washington Post: Jan. 6 committee to seek interview with Ginni Thomas.

The House select committee investigating the Jan. 6, 2021, insurrection will seek an interview with Virginia Thomas, a conservative activist and wife of Supreme Court Justice Clarence Thomas, according a source familiar with the investigation.

Virginia Thomas, who goes by Ginni, has drawn scrutiny for her text messages to White House Chief of Staff Mark Meadows in which she repeatedly pressed Meadows to work aggressively to overturn the election and keep President Donald Trump in power in a series of urgent exchanges in the critical weeks after the vote, according to copies of the messages obtained by The Washington Post and CBS News.

The messages — 29 in all — reveal an extraordinary pipeline between Thomas, a conservative activist, and Trump’s top aide during a period when Trump and his allies were vowing to go to the Supreme Court in an effort to negate the election results.

The committee’s plans to ask Thomas for an interview were first reported by CNN. A source familiar with the investigation who spoke on the condition of anonymity to discuss internal committee plans confirmed the report.

Amanda Carpenter at The Bulwark: Is Ginni Thomas’s Story Believable?

Virginia Thomas wants people to believe that her husband, Supreme Court Justice Clarence Thomas, had no idea about her activities challenging the results of the 2020 election.

“Clarence doesn’t discuss his work with me, and I don’t involve him in my work,” she told a friendly outlet earlier this month. Therefore, no one need worry about his ability to be an impartial judge on the highest court in the land. Everything is hunky-dory….

0x0Her story, as well as her election theories, don’t survive even the most basic common-sense tests.

Justice Thomas cannot plausibly plead ignorance of his wife’s Jan. 6th-related activities. Her texts were the subject of a blockbuster Washington Post-CBS story, carried by numerous other outlets such as CNN and the New York Times. Multiple outlets asked the Thomases for comment multiple times. A CNN reporter staked out the couple in their parking garage. Maybe the Thomases talked about it, maybe they didn’t—it’s impossible for outsiders to know what happens inside a marriage—but the notion that Clarence Thomas is unaware of what Ginni was up to? Not plausible.

Second, beyond the text messages revealed last week, many of Ginni’s political activities relating to Jan. 6th were already a matter of public record. Her promotion of election conspiracies was well known; she posted them on her Facebook page. On the morning of Jan. 6th, just hours before the attack on the Capitol, she lavished praise on the Trump rallygoers who wanted to overturn the election. In the weeks after the riot, Ginni apologized to a listserv of her husband’s former clerks because her election-related activities and her “lifetime passions” caused a rift in the close-knit group of Thomas alumni.* Although this was a minor controversy, her husband could reasonably be expected to know about it, since it directly involved his wife and former clerks—and the Washington Post reported on it.

To believe that Justice Thomas is unaware of Mrs. Thomas’s Jan. 6th-related activities, one would also have to believe that Ginni’s co-signed public letter to House Minority Leader Kevin McCarthy demanding that he remove Republicans Liz Cheney and Adam Kinzinger from the GOP conference for serving as members of the Jan. 6th Committee never crossed Justice Thomas’s radar.

More at the link.

Here’s another breaking story from Katelyn Polantz at CNN: Judge: ‘More likely than not’ that Trump ‘corruptly attempted’ to block Congress from counting votes on January 6.

A federal judge said Monday that former President Donald Trump and right-wing attorney John Eastman may have been planning a crime as they sought to disrupt the January 6 congressional certification of the presidential election.

“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” Judge David Carter wrote Monday.

Attorney John Eastman gestures as he speaks next to U.S. President Donald Trump's personal attorney Rudy Giuliani at the January 6 Trump rally on the Ellipse in Washington

Attorney John Eastman gestures as he speaks next to Rudy Giuliani on January 6, 2021. REUTERS/Jim Bourg

Carter, a federal judge in California, ordered Eastman to turn over 101 emails from around January 6, 2021, that he has tried to keep secret from the House select committee investigating the US Capitol attack.

Carter’s reasoning is a startling acknowledgment by a federal court that Trump’s interest in overturning the election could be considered criminal.

“The illegality of the plan was obvious,” Carter wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election … Every American — and certainly the President of the United States — knows that in a democracy, leaders are elected, not installed.”

Judge Carter had even more to say:

In his order, Carter made an unusually bold statement wishing for accountability so that history does not repeat itself.

“If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself,” the judge wrote.

“More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it. The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit,” he wrote.

“At most, this case is a warning about the dangers of ‘legal theories’ gone wrong, the powerful abusing public platforms, and desperation to win at all costs,” Carter added. “If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution.”

I hope Merrick Garland is paying attention.

Another big story from The Wall Street Journal: Roman Abramovich and Ukrainian Peace Negotiators Suffer Suspected Poisoning.

Russian oligarch Roman Abramovich and Ukrainian peace negotiators suffered symptoms of suspected poisoning after a meeting in Kyiv earlier this month, people familiar with the matter said.

Roman AbramovichFollowing the meeting in the Ukrainian capital, Mr. Abramovich, who has shuttled between Moscow, Lviv and other negotiating venues, as well as at least two senior members of the Ukrainian team developed symptoms that included red eyes, constant and painful tearing, and peeling skin on their faces and hands, the people said.

They blamed the suspected attack on hard-liners in Moscow who they said wanted to sabotage talks to end the war. A person close to Mr. Abramovich said it wasn’t clear who had targeted the group.

Mr. Abramovich and the Ukrainian negotiators, who include Crimean Tatar lawmaker Rustem Umerov, have since improved and their lives aren’t in danger, the people said. Ukraine’s president, Volodymyr Zelensky, who has met with Mr. Abramovich, wasn’t affected, they said. Mr. Zelensky’s spokesman said he had no information about any suspected poisoning.

\Western experts who looked into the incident said it was hard to determine whether the symptoms were caused by a chemical or biological agent or by some sort of electromagnetic-radiation attack, the people familiar with the matter said.

Read more at the WSJ. There was no paywall when I opened the link.

I’m going to end there so I can get this posted. What do you think about all this? What other stories are you following?


Lazy Caturday Reads: Mostly SCOTUS Stuff

Biden New Cat

Willow, the Biden family’s new pet cat at the White House on Wednesday, Jan. 27, 2022. The Washington Monument can be seen in the distance. (Erin Scott/The White House, AP)

Good Afternoon!!

Joe Biden wasn’t my first choice for the Democratic nomination in 2020; in fact, I didn’t want him to run at all. But I was wrong. He has been a good president so far, and his deep foreign policy knowledge and experience have been showcased during the Ukraine crisis. This morning Biden was in Poland meeting with U.S. troops at the Ukraine border. It appears he’s a hit as commander-in-chief.

Yesterday the majority of the Supreme Court acknowledged that Biden is in fact commander-in-chief of the U.S. armed forces, but Alito, Gorsuch, and Thomas disagreed. Ian Millhiser at Vox: The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.

The Supreme Court on Friday evening decided, no, it was not going to needlessly insert itself in the military chain of command above President Joe Biden.

The Court’s decision in Austin v. U.S. Navy SEALs 1-26 largely halted a lower court order that permitted certain sailors to defy a direct order. A group of Navy special operations personnel sought an exemption from the Pentagon’s requirement that all active duty service members get vaccinated against Covid-19, claiming that they should receive a religious exemption.

A majority of the Court effectively ruled that, yes, in fact, troops do have to follow orders, including an order to take a vaccine.

The decision is undeniably a win for the balance of power between the executive branch and the judiciary that has prevailed for many decades. But the fact that the Court had to weigh in on this at all — not to mention that three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority — is a worrisome sign about America’s judiciary.

Brett Kavanagh explained why he sided with the majority:

…laying out why the lower court erred, this court “in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.” Had the Court ruled the other way in SEALs, it would have effectively placed itself at the apex of the military’s chain of command, displacing Biden as commander-in-chief.

Henry (dog) and traveling companion Baloo, by Cynthia

Henry (dog) and traveling companion Baloo, by Cynthia Bennett

But as Kavanaugh correctly notes in his concurring opinion, there is a long line of Supreme Court precedents establishing that courts should be exceedingly reluctant to interfere with military affairs.

In Gilligan v. Morgan (1973), for example, the Court held that “the complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments,” and that “it is difficult to conceive of an area of governmental activity in which the courts have less competence.”

Nevertheless, Judge Reed O’Connor, a notoriously partisan judge in Texas who is best known for a failed effort to repeal the Affordable Care Act, ruled in favor of the service members who refused to follow a direct order. And the conservative United States Court of Appeals for the Fifth Circuit refused the Navy’s request to stay key parts of O’Connor’s order.

That left the responsibility of restoring the military’s proper chain of command to the Supreme Court. Though the Court’s order does not wipe out O’Connor’s decision in its entirety, it temporarily blocks that decision “insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions.”

In other SCOTUS news, the Ginni Thomas story is still snowballing. Daknikat wrote quite a bit about Thomas yesterday; https://skydancingblog.com/2022/03/25/friday-reads-you-shouldnt-go-back-home/if you haven’t read her post, please check it out.

Scott Wong at NBC News: Ginni Thomas pressed for GOP lawmakers to protest 2020 election results.

Shortly after the 2020 election, Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, sent an email to an aide to a prominent House conservative saying she would have nothing to do with his group until his members go “out in the streets,” a congressional source familiar with the exchange told NBC News.

Thomas told an aide to incoming Republican Study Committee Chairman Jim Banks, R-Ind., that she was more aligned with the far-right House Freedom Caucus, whose leaders just two months later would lead the fight in Congress to overturn the results of Democrat Joe Biden’s victory.

Cat who thinks he's a dog by Jack Shepherd

Cat who thinks he’s a dog by Jack Shepherd. He was raised with and by the dogs.

The RSC was long representative of the most conservative House members, but in the past several years, it has been replaced by the tea party-driven Freedom Caucus.

Thomas wrote to the aide that Freedom Caucus members were tougher than RSC members, were in the fight and had then-President Donald Trump’s back, according to the source familiar with the email contents. Until she saw RSC members “out in the streets” and in the fight, she said, she would not help the RSC, the largest caucus of conservatives on Capitol Hill.

Her November 2020 email came in response to a request from the RSC to offer policy recommendations as Banks was set to take the helm of the group in early 2021. But when Thomas portrayed the RSC as soft in its support for Trump and told its members to take to the streets, the aide thanked her for her suggestions and moved on….

The email exchange suggests Thomas was pressuring Republicans in Congress to get more aggressive in fighting for Trump at a key moment when the lame-duck president and his inner circle were devising a strategy to overturn the results of the 2020 election and keep him in power.

Obviously Thomas has access to powerful politicians only because she is married to Clarence Thomas.

Conservative columnist Matt Lewis at The Daily Beast: If Ginni Thomas’ Big Lie Texts Don’t Shock You, Nothing Will.

“Biden and the Left [are] attempting the greatest Heist of our History.”

“[The] Biden crime family & ballot fraud co-conspirators…are being arrested and…will be living in barges off GITMO to face military tribunals for sedition.”

Oh yeah, and “Watermarked ballots in over 12 states have been part of a huge Trump & military white hat sting operation in 12 key battleground states.”

1_8ThGM6IyBuw7QUIMKmUtaw

Another photo of the cat who thinks he’s a dog and his friends, by Jack Shepherd.

These aren’t the rantings of some obscure, tinfoil hat-wearing lunatic. These are just a few of the 29 text messages sent by Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, to Donald Trump’s Chief of Staff Mark Meadows. These messages were sent in the wake of Joe Biden’s 2020 presidential victory, as Mrs. Thomas sought to push Meadows to try to overturn the 2020 election results—sometimes quoting far-right websites to make her case.

In a world where more tenuous relationships than a spouse have sparked huge controversies (think Barack Obama’s relationships with the Rev. Jeremiah Wright and the former Weather Underground activist Bill Ayers), the level of this conflict of interest should be condemned by intellectually honest conservatives.

As one smart observer put it, “If you had a problem with Bill Clinton meeting with Attorney General Loretta Lynch on the tarmac, you should probably have a problem with Ginni Thomas’s barrage of texts to White House Chief of Staff Mark Meadows in the days preceding a legitimate self-coup attempt.”

Click the link to read the rest.

Another conservative take from David French at The Atlantic: The Worst Ginni Thomas Text Wasn’t From Ginni Thomas. Mark Meadows and the dangerous religious zeal of “Stop the Steal.”

After giving examples of Thomas’s text messages, French writes:

This is the kind of communication that would make you worry about a family member’s connection to reality. When it comes from the wife of a Supreme Court justice who enjoys direct access to the White House chief of staff, it’s not just disturbing; it’s damaging to the Supreme Court….

It is…understandable if ordinary Americans wonder whether she’s made an impact on her husband, and it’s important for Justice Thomas to recuse himself from any future cases that could potentially involve additional disclosures of his wife’s communications with the White House or her involvement in the effort to overturn the election.

Mako-the-Cat-Dog- thinks he's a cat

Mako the Cat-Dog: raised by cats, he thinks he is one.

But the Ginni Thomas texts were not the most alarming aspect of Woodward and Costa’s story. There was a text in the chain that disturbed me more than anything Ginni Thomas wrote. It came from Meadows, and here’s what it said: This is a fight of good versus evil . . . Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.

One of the most dangerous aspects of the effort to overturn the election was the extent to which it was an explicitly religious cause. January 6 insurrectionists stampeded into the Senate chamber with prayers on their lipsProminent religious leaders and leading Christian lawyers threw themselves into the effort to delay election certification or throw out the election results entirely. In the House and Senate, the congressional leaders of the effort to overturn the election included many of Congress’s most public evangelicals.

They didn’t just approach the election fight with religious zeal; they approached it with an absolute conviction that they enjoyed divine sanction. The merger of faith and partisanship was damaging enough, but the merger of faith with lawlessness and even outright delusion represented a profound perversion of the role of the Christian in the public square.

Read the rest at The Atlantic.

More Ginni Thomas stories:

The Washington Post: Ethics experts see Ginni Thomas’s texts as a problem for Supreme Court.

The New York Times: Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?

The Washington Post Editorial Board: Justice Thomas’s wife is a political extremist. This is now a problem for the court.

There are quite a few stories today that deal with the disrespectful treatment that Supreme Court Nominee Ketanji Brown Jackson received from Republicans in her Senate confirmation hearings.

I really liked this one from Kevin Cullen at The Boston Globe, because he trotted out an old saying that my Dad often used: You can always tell a Harvard man, but you can’t tell him much.

One of life’s inexplicable wonders is how Harvard can produce someone as grounded and poised and principledas Ketanji Brown Jackson and also someoneas unmoored and annoying and unscrupulous as Ted Cruz.

Providing clear evidence of how pathetic my existence is, I watched Jackson’s confirmation hearing start to finish, a marathon of high drama and low farce.

Am I a loser? Yes, but nothing likethe preening senators who treated Jackson with appalling disrespect, with constant interruptions and cynical questions meant to gin up their base, not ascertain whether Jackson is qualified to sit on the Supreme Court.

Cat and rabbit cuddlingIf you had to boil down the objections of Republicans to Jackson it is this: She’s a soft-on-crime, pedophile-coddling, racist-baby-kissing, terrorist-hugging Critical Race Theory nut job.

Other than that, they acknowledged, she seems nice enough.

It was hard to decide which senator combined rudeness and pandering to produce the greatest mix of condescension. Besides Cruz, Senators Lindsey Graham, Josh Hawley, and Tom Cotton – another Harvard man! – all covered themselves in something less than glory.

But when it comes unctuousness, Cruz takes the cake.

That he and Jackson served together on the Harvard Law Review didn’t spare Jackson from his unremitting bile.

Senate Judiciary Committee Chairman Dick Durbin repeatedly told Cruz he was going over his allotted time and violating rules. Proving the old adage that you can always tell a Harvard man but you can’t tell him much, Cruz ignored Durbin.

Cruz was too busy yammering about racist babies and fake women and child pornographers to pay attention to something as inconsequential as rules.

When Cruz said, “Under the modern leftist sensibilities, if I decide right now that I’m a woman, then apparently I’m a woman,” I thought, “This guy went to Harvard Law School?”

Read the rest if you can use a laugh.

More follow up stories on the Jackson hearings:

Dana Millbank at The Washington Post: Ivy League Republicans’ phony rebellion against the ‘elites.’

Ruth Marcus at The Washington Post: Forget advise and consent. This is smear and degrade.

The Independent: Hawley attacked Ketanji Brown Jackson’s ‘alarming’ record on sex offenders. He agreed to an abuser getting only probation.

Two articles on Wesley Hawkins, who was sentenced by Jackson as an 18-year-old and was the subject of much of the GOP screaming and yelling about child porn cases:

The New York Times: Who is Wesley Hawkins? Republicans zero in on Jackson’s sentencing of a teen in a child sex abuse case.

The Washington Post: Wesley Hawkins, talk of the Jackson hearings, describes life after pornography sentence.

Sorry this is so late. WordPress deleted my post in progress twice and I had to reconstruct it. Have a great weekend!


Friday Reads: You Shouldn’t go Back Home

Good Day Sky Dancers!

BB talked to me about how I’d probably be writing about this today. I was in the fetal position because I knew it would take me right back to when I had to deal with people like her all the time.

Anyone who knows me knows I consider my time in Omaha to be in service to a Lost Cause. I must’ve done something horrible in a previous life because the entire time there was like some sadistic penance. It took me about one year into high school to beg my parents to let me graduate early and head to university in someplace civilized with better food, entertainment, and just about everything you could name. I hung out with a very small group of people that graduated and immediately left. I should’ve and could’ve but that’s another story.

An illustration of this and probably also in service to whatever karmic debt forced me to spend time there, I have to be the one to cover one of my high school classmates who probably best represents why I felt miserable being there and traveled a lot to get some reprieve. Yes, Daughter of absolute raging John Birchers and scorned even by those of us that were in the Young Republicans Club at my school which included me at the time went to my High School. She was a year behind me. Today, she is married to Judge Uncle Clarence Thomas and spreading her special form of crazy to the District. The tales of her from the debate club were just unfortunate. However, she hooked on to one of my least favorite politicians wife-beater Hal Daub, former congressman, and mayor. And yes, I knew him and he knew me. I’d just like you to know I always felt like I needed to take a bleach shower after being around him. He mainstreamed her.

I also knew Kurt Andersen because he was the darling of the Journalism Teacher and I was just about to start my sophomore year studying it. Here’s a confluence of the Good and The Bad and Evil of what my high school could turn out in all its white privilege. “How Ginni Thomas, wife of Justice Clarence Thomas, influences the Supreme Court” from Dave Davies and Fresh Air at NPR. This is from the end of January of this year. It’s an interview with Journalist Extraordinaire Jane Mayer.

DAVIES: This is FRESH AIR, and we’re speaking with New Yorker, staff writer and chief Washington correspondent Jane Mayer. Her latest article examines the conservative activism and influence of Ginni Thomas, wife of U.S. Supreme Court Justice Clarence Thomas. Let’s just talk a little bit about Ginni Thomas’ background. She grew up in Nebraska. What do we know about her family?

MAYER: Well, she grew up in a kind of upper-middle-class family in Omaha, Neb. Her father was a engineer and a developer of sort of housing complexes. And her family was very conservative and very active in politics. And one of the people I interviewed is the journalist Kurt Andersen, who grew up exactly across the street from the Lamp family. Her name before she got married was Virginia Lamp. And he said that his parents were actually Goldwater Republicans. But even they thought the Lamps were – what he said was crazy. They were – he looks at them as kind of the beginning of the modern, crazy right wing. They believed in things like the John Birch Society, and they were afraid that there was fluoridation in the water that was somehow poisoning people’s minds – that kind of thing.

DAVIES: She makes her way to Washington. How does she get there and – I don’t know. Her life took some interesting detours there; didn’t they?

MAYER: Yeah, it did. She went to Washington with the local congressman when he was elected. Her family knew him, and she got a job in his office. But it looks like she had sort of some rocky years. She was a law student. She flunked the bar exam, the state bar exam in Nebraska, and she sort of fell in with a self-help sort of self-actualization kind of cult called Lifespring in Washington, where the members kind of got into ritual humiliation of each other. They’d strip down out of their clothes and then mock each other’s body fat. And it sounded grim and kind of scary. But anyway, she was then deprogrammed, got out of it, became anti-cult. But that was a phase of her life before she met Clarence Thomas.

Yes. She belonged to a cult AND she flunked the Nebraska Bar Exam, which ranks 46 out of 50 of the hardest bar exams. It has about a 90% passage rate. So, in other words, she’s no Rhodes Scholar. Those of us who watched the Anita Hill testimony in horror also remember her crazy-go-nuts phone call to Professor Hill demanding an apology. If you want to read about LifeSpring you can see this on Psychology Wiki. I’ll defer to Dr. Boomer for anything that needs explaining. She’s just plain crazy in my book and hangs around with the least ethical individuals I’ve ever known about. Plus, she’s absolutely convinced she’s one of the few who get everything right.

I’m also using another one of my classmate’s political cartoons today! Just so you know, we did turn out a lot of decent and talented people that I still call friends. John Buss got out too! His political cartoons rock! (@Repeat1968).

https://twitter.com/OG_McDuck/status/1507200204168171525

Let’s say she’s a horrifying example of white privilege. Her husband is now out of the hospital and facing mounting ethics scrutiny. This is from The Hill.

Supreme Court Justice Clarence Thomas was discharged from the hospital earlier today, a court spokesperson said, a development that comes amid mounting ethical scrutiny of the conservative justice.

Thomas, 73, was admitted to Sibley Memorial Hospital in Washington on March 18 after experiencing “flu-like symptoms.” He was diagnosed with an infection and treated with intravenous antibiotics. A court spokesperson did not respond to a request for additional details on his health status.

Thomas faces growing ethics questions after recent reports of his wife’s aggressive effort to overturn former President Trump’s electoral defeat and participation in the Jan. 6 “Stop the Steal” rally have renewed scrutiny of the justice’s refusal to step aside from related disputes that have come before the Supreme Court.

And now let’s get straight to Ginnie’s latest antics. This is from The Washington Post and may the wisdom beings bless whoever leaked it to them. “Virginia Thomas urged White House chief to pursue unrelenting efforts to overturn the 2020 election, texts show. In messages to Chief of Staff Mark Meadows in the weeks after Election Day, the wife of Supreme Court Justice Clarence Thomas called Biden’s victory “the greatest Heist of our History” and told him that President Donald Trump should not concede.” The bylines go to Bob Woodward and Robert Costa. The story broke at suppertime yesterday. I had to let my sushi settle before reading knowing full well it would be stomach-churning in terms of crazy and lack of ethical awareness.

The messages — 29 in all — reveal an extraordinary pipeline between Virginia Thomas, who goes by Ginni, and President Donald Trump’s top aide during a period when Trump and his allies were vowing to go to the Supreme Court in an effort to negate the election results.

On Nov. 10, after news organizations had projected Joe Biden the winner based on state vote totals, Thomas wrote to Meadows: “Help This Great President stand firm, Mark!!!…You are the leader, with him, who is standing for America’s constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.”

When Meadows wrote to Thomas on Nov. 24, the White House chief of staff invoked God to describe the effort to overturn the election. “This is a fight of good versus evil,” Meadows wrote. “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.”

Thomas replied: “Thank you!! Needed that! This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”

It is unclear to whom Thomas was referring.

The messages, which do not directly reference Justice Thomas or the Supreme Court, show for the first time how Ginni Thomas used her access to Trump’s inner circle to promote and seek to guide the president’s strategy to overturn the election results — and how receptive and grateful Meadows said he was to receive her advice. Among Thomas’s stated goals in the messages was for lawyer Sidney Powell, who promoted incendiary and unsupported claims about the election, to be “the lead and the face” of Trump’s legal team.

And now back to Jane Mayer writing for The New Yorker: “Legal Scholars Are Shocked By Ginni Thomas’s “Stop the Steal” Texts. Several experts say that Thomas’s husband, the Supreme Court Justice Clarence Thomas, must recuse himself from any case related to the 2020 election.”

Several of the country’s most respected legal scholars say that Supreme Court Justice Clarence Thomas must immediately recuse himself from any cases relating to the 2020 election and its aftermath, now that it has been revealed that his wife, Virginia (Ginni) Thomas, colluded extensively with a top White House adviser about overturning Joe Biden’s defeat of then President Donald Trump. On March 24th, the Washington Post and CBS News revealed that they had obtained copies of twenty-nine text messages between Ginni Thomas and Mark Meadows, the Trump White House chief of staff, in which she militated relentlessly for invalidating the results of the Presidential election, which she described as an “obvious fraud.” It was necessary, she told Meadows, to “release the Kraken and save us from the left taking America down.” Ginni Thomas’s texts to Meadows also refer to conversations that she’d had with “Jared”—possibly Trump’s son-in-law Jared Kushner, who also served as a senior adviser to the Administration. (“Just forwarded to yr gmail an email I sent Jared this am.”)

Stephen Gillers, a law professor at N.Y.U. and a prominent judicial ethicist, described the revelations as “a game changer.” In the past, he explained, he had supported the notion that a Justice and his spouse could pursue their interests in autonomous spheres. “For that reason, I was prepared to, and did tolerate a great deal of Ginni’s political activism,” he said. But “Ginni has now crossed a line.” In an e-mail reacting to the texts, Gillers concluded, “Clarence Thomas cannot sit on any matter involving the election, the invasion of the Capitol, or the work of the January 6 Committee.”

One more before I have to return to therapy. This is from The New York Times: “Ginni and Clarence Thomas Have Done Enough Damage”. It’s an OpEd by Jesse Wegman.

Ms. Thomas had already acknowledged some involvement in the fight over the 2020 election count, recently confirming that she attended the Jan. 6 Stop the Steal rally in Washington, but she said she went home before Mr. Trump spoke to the crowd and before a mob of hundreds stormed the Capitol in a violent attempt to block the certification of Mr. Biden’s Electoral College victory. The texts reveal that her efforts to subvert the election were far more serious than we knew.

Now recall that in January, the Supreme Court rejected Mr. Trump’s request to block the release of White House records relating to the Jan. 6 Capitol attack. Mr. Meadows had submitted a brief in the case supporting Mr. Trump. The court’s ruling came as an unsigned order, with only one noted dissent: from Justice Thomas.

Perhaps Justice Thomas was not aware of his wife’s text-message campaign to Mr. Meadows at the time. But it sure makes you wonder, doesn’t it?

And that’s precisely the problem: We shouldn’t have to wonder. The Supreme Court is the most powerful judicial body in the country, and yet, as Alexander Hamilton reminded us, it has neither the sword nor the purse as a means to enforce its rulings. It depends instead on the American people’s acceptance of its legitimacy, which is why the justices must make every possible effort to appear fair, unbiased and beyond reproach.

That may seem naïve, particularly in the face of the crippling assaults on the court that Mitch McConnell and his Senate Republicans have carried out over the past six years in order to secure a right-wing supermajority that often resembles a judicial policy arm of the Republican Party — starting with their theft of a vacancy that was President Barack Obama’s to fill and continuing through the last-second confirmation of Amy Coney Barrett while millions of voters were already in the process of casting Mr. Trump out of office.

And yet the public’s demand for basic fairness and judicial neutrality is not only proper but critical to the court’s integrity, as the justices, whoever nominated them, are well aware. Partly in response to the court’s tanking public-approval ratings, several of them have grown increasingly outspoken in defense of their independence. (Though not all of them.)

The most obvious way for justices to demonstrate that independence in practice, of course, is to recuse themselves from any case in which their impartiality might reasonably be questioned. It does not matter whether there is, in fact, a conflict of interest; the mere appearance of bias or conflict should be enough to compel Justice Thomas or any other member of the court to step aside.

Just more shit from the Treason Party.

What’s on your reading and blogging list today?