Finally Friday Reads

Caspar David Friedrich, Monk by the Sea, c. 1809,

Good Day Sky Dancers!

The headlines are filled with Republican Shenanigans. Holding them accountable for illegal actions appears difficult.  This highlights the difference in treatment for everyone else and white men.

The case against Rep. Matt Gaetz has now been considered too difficult to prosecute because all of the witnesses are not upstanding citizens.  What do you expect from a gang of sex traffickers of underage women?  Devlin Barret, writing for The Washington Post, states: “Career prosecutors recommend no charges for Gaetz in the sex-trafficking probe. Investigators see credibility challenges for two of the main witnesses in the probe of the congressman’s past dealings with a 17-year-old.”

Career prosecutors have recommended against charging Rep. Matt Gaetz (R-Fla.) in a long-running sex-trafficking investigation — telling Justice Department superiors that a conviction is unlikely in part because of credibility questions with the two central witnesses, according to people familiar with the matter.

Senior department officials have not made a final decision on whether to charge Gaetz, but it is rare for such advice to be rejected, these people told The Washington Post, speaking on the condition of anonymity to discuss the deliberations. They added that it is always possible additional evidence emerges that could alter prosecutors’ understanding of the case.

Nevertheless, it is unlikely that federal authorities will charge Gaetz with a crime in an investigation that started in late 2020 and focused on his alleged involvement with a 17-year-old girlseveral years earlier. Gaetz,40, has repeatedly denied wrongdoing, saying he has never paid for sex. He has also said the only time he had sex with a 17-year-old was when he was also 17.

Chase William Merritt, Idle Hours .1894

The congressman is likely a role model for these guys.  Again, this is from The Washington Post, written by Taylor Lorenz. “The online incel movement is getting more violent and extreme, report says. The Center for Countering Digital Hate analyzed more than 1 million posts showing a rise in advocacy of rape, mass killings.”

The most prominent forum for men who consider themselves involuntarily celibate or “incels” has become significantly more radicalized over the past year and a half and is seeking to normalize child rape, a new report says.

The report, by the Center for Countering Digital Hate’s new Quant Lab, is the culmination of an investigation that analyzed more than 1 million posts on the site. It found a marked spike in conversations about mass murder and growing approval of sexually assaulting prepubescent girls.

The report also says that platforms including YouTube and Google, as well as internet infrastructure companies like Cloudflare are facilitating the growth of the forum, which the report said is visited by 2.6 million people every month. “These businesses should make a principled decision to withdraw their services from sites causing such significant harm,” the report says.

“This is a novel, new violent extremist movement born in the internet age, which defies the usual characteristics of violent extremist movements that law enforcement and the intelligence community are usually used to,” said Imran Ahmed, founder and CEO of CCDH, a US-based nonprofit. “Our study shows that it is organized, has a cogent ideology and has clearly concluded that raping women, killing women, and raping children is a clear part of the practice of their ideology.”

Incels blame women for their failings in life. The term originated decades ago, and while the first incel forum was founded by a woman in the mid 1990s, incel communities have since become almost exclusively male. Incel ideology has been linked to dozens of murders and assaults over the past decade, the most prominent one involving Elliot Rodger, a 22-year-old self-described incel who murdered six people in a stabbing and shooting rampage in Santa Barbara, Calif., in 2014. Before killing himself, he posted a long manifesto and YouTube videos promoting incel ideology.

In March, the U.S. Secret Service’s National Threat Assessment Center released a report warning that anti-woman violence was a growing terrorism threat.

According to the CCDH analysis, members of the forum post about rape every 29 minutes, and more than 89 percent of posters support rape and say it’s acceptable. The CCDH analysis also found that posters on the forum are seeking to normalize child rape. More than a quarter of members of the forum have posted pedophilia keywords, the analysis found, and more than half of the members of the forum support pedophilia.

I don’t believe this is necessarily a new thing.  This is the problem with the internet.  It lets the worst of society hang together and leads to an evil gestalt.  These men gain confidence and ideas from their online cult.  Also, they can see how easy it is for certain types of men to avoid legal entanglements.

This is written by Brian Bennet.   Steal food or smoke a joint, and you wind up in jail for years. This is especially true if you’re a minority or a poor person.  Steal millions via government grants; they ignore you.  Like in sports, Colin Kaepernick and Michael Vick get demonized for their behaviors and dumped. Brett Favre steals millions for welfare recipients in Mississippi and crickets.

On Wednesday, New York Attorney General Letitia James compounded Trump’s legal woes, announcing that the state was suing Trump, his three adult children, the Trump Organization, and senior management in the company, alleging business fraud involving the value of assets to banks, insurance companies and the state tax authorities.

The sheer number of investigations and the increasingly tangled defenses his legal team is having to put on paper and argue in court amount to a stress test of Trump’s standard strategy to deny, deflect, delay, and not put anything in writing.

“I don’t think there’s any other president who was in a similar legal jeopardy” after leaving office, says Timothy Naftali, a historian at New York University and former director of the federal Richard Nixon Presidential Library and Museum. Warren Harding was investigated by his own vice president and successor, Calvin Coolidge. Nixon would have been the target of investigations for years if Gerald Ford had not pardoned him in September 1974, a month after Nixon resigned from office.

“Even Nixon pales by comparison,” says Norman Eisen, an anti-corruption expert at Brookings Institution and the former special counsel to the Democrat’s House Judiciary Committee from 2019 to 2020 during Trump’s first impeachment. “Nixon just had one Watergate scandal. Trump has had a succession of them, each one more concerning than the last.”

In Georgia, Fulton County District Attorney Fani Willis is looking into how Trump pressured election officials to swing the 2020 presidential election in his direction. The House Jan. 6 Committee and the Department of Justice are both looking at what role Trump played in the lead up to the deadly attack on the Capitol Building to stop the lawful counting of electoral college votes. Federal prosecutors have an active criminal investigation into how and why Trump took thousands of government documents—many containing state secrets—to his residence at Mar-a-Lago and why he refused repeated requests to return them.

And New York’s civil lawsuit announced by James on Wednesday is on top of a separate criminal investigation out of the Manhattan District Attorneys’ Office into the Trump Organization that is set to go to trial in October.

In all of the ongoing cases, Trump is employing the tried-and-true playbook he first learned all those years ago from Cohn for staying out of prison and staying in business, according to Jennifer Taub, a professor at Western New England University School of Law who has tracked the ways that Trump had evaded accountability for decades.

Beach in Pourville, Claude Monet, 1882

This exclusive headline from CNN really is fascinating.  I imagine the move is to stop the prosecutors from being able to find and flip associates.  “Exclusive: Trump’s secret court fight to stop grand jury from getting information from his inner circle.”

Former President Donald Trump‘s attorneys are fighting a secret court battle to block a federal grand jury from gathering information from an expanding circle of close Trump aides about his efforts to overturn the 2020 election, people briefed on the matter told CNN.

The high-stakes legal dispute — which included the appearance of three attorneys representing Trump at the Washington, DC, federal courthouse on Thursday afternoon — is the most aggressive step taken by the former President to assert executive and attorney-client privileges in order to prevent some witnesses from sharing information in the criminal investigation events surrounding January 6, 2021.

The court fight over privilege, which has not been previously reported and is under seal, is a turning point for Trump’s post-presidency legal woes.

How the fight is resolved could determine whether prosecutors can tear down the firewall Trump has tried to keep around his conversations in the West Wing and with attorneys he spoke to as he sought to overturn the 2020 election and they worked to help him hold onto the presidency.

This dispute came to light as former Trump White House adviser and lawyer Eric Herschmann received a grand jury subpoena seeking testimony, the people briefed said.

Other former senior Trump White House officials, including former White House counsel Pat Cipollone and his deputy Patrick Philbin, appeared before the grand jury in recent weeks, after negotiating specific subjects they would decline to answer question about, because of Trump’s privilege claims.

Have you ever seen anyone claim privilege this many times?  Nixon didn’t get away with it, so what’s the deal with the Trump claims?  This Trumper candidate seems pretty audacious with the lies too.  Uh, that’s not how this works JR, this is not how any of this works.

But these folks will be bankrolled!  Check out these links!

Alex Isenstadt / PoliticoTrump to unleash millions in the midterms in possible prelude to 2024

 Peter Stone / The GuardianAlarm as Koch bankrolls dozens of election denier candidates

Former Justice Stephan Breyer warns the current Supreme Court Cartel not to take its backward-facing privilege too seriously.  This is also from CNN, and then I am done with all these bad boys.  “Breyer warns justices that some opinions could ‘bite you in the back’ in exclusive interview with CNN’s Chris Wallace.”

Retired Supreme Court Justice Stephen Breyer is warning his colleagues against “writing too rigidly” in their opinions, saying that such decisions could “bite you in the back” in a world that is constantly changing.

In a wide-ranging interview with CNN’s Chris Wallace on “Who’s Talking to Chris Wallace,” which debuted Friday on HBOMax and airs Sunday night on CNN, Breyer also bemoaned his position in the court’s minority liberal bloc during his final year on the bench, addressed the court’s reversal of Roe v. Wade and spoke about the ongoing controversy regarding Ginni Thomas, the wife of Justice Clarence Thomas.

Breyer said it was a “very frustrating” spot to be in as he found himself in dissent in a number of historically consequential cases where he said the majority side (conservatives — although the retired justice did not use that description) was unwilling to bend.

“You start writing too rigidly and you will see, the world will come around and bite you in the back,” Breyer said in his first televised interview since leaving the bench earlier this year. “Because you will find something you see just doesn’t work at all. And the Supreme Court, somewhat to the difference of others, has that kind of problem in spades.”

“Life is complex, life changes,” Breyer added. “And we want to maintain insofar as we can — everybody does — certain key moral political values: democracy, human rights, equality, rule of law, etc. To try to do that in an ever-changing world. If you think you can do that by writing 16 computer programs — I just disagree.

The comments from Breyer come days before the Supreme Court begins its first term without him in nearly 30 years. In the new term, the justices will consider issues including voting rights, immigration, affirmative action, environmental regulations and religious liberty — areas where the solid conservative majority can easily control the outcomes.

Okay, that’s “all I can stands and I can’t stands no more.”  (To quote my childhood hero.)

What’s on your reading and blogging list today?

 

The great nations of Europe were standing on the shore.
They’d conquered what was behind them
And now they wanted more
So they looked to the mighty ocean
And took to the Western sea
The great nations of Europe in the 16th century

Hide your wives and daughters, hide the groceries too
The great nations of Europe comin’ through

 

 


Thursday Reads: Trump’s Terrible Day

Good Afternoon!!

Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:

Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.

First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.

For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.

For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.

The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.

The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).

What the three-judge panel–including two judges appointed by Trump–said:

Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.

Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….

But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….

In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.

You might also check out this straight news piece by Charlie Savage, et al. at The New York Times: 

In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.

The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.

The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”

The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.

Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.

This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.

In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.

New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.

The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.

With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.

Read the rest at Just Security. Here’s John Buss’s commentary:

What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.

From the article:

The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.

Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”

Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.

But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.

Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.

She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.

It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.

More news, links only:

Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.

The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.

CNN: Russia’s military divided as Putin struggles to deal with Ukraine’s counteroffensive, US sources say.

Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.

AP News: At least 9 killed as Iran protests spread over woman’s death.

NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.

The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.

Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.

NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.

Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.

NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.

Have a tremendous Thursday, Sky Dancers!!


Tuesday Reads

Good Afternoon!!

Today is a big day for the Trump stolen documents case. His response to the DOJ filing at the 11th Circuit appeals court was due at noon, and at 2PM the DOJ and Trump lawyers meet with Special Master Raymond Dearie in New York to discuss the process by which Dearie will review the stolen documents. The documents marked classified can’t be included in the review yet, because of the DOJ appeal asking the 11th Circuit for a stay on Judge Loose Cannon’s order that Trump lawyers review them with Dearie.

Yesterday Trump filed a response to a request from Dearie about Trump’s claims to have declassified documents. Kyle Cheney at Politico: Trump discovers he’s not in Cannon-land anymore.

The court-appointed “special master” reviewing documents the FBI seized during the Aug. 8 search has asked the former president to disclose details about any materials he claims to have declassified before calling them his property.

In a court filing Monday, Trump’s attorneys urged Raymond Dearie, the senior federal judge based in Brooklyn, to drop a component of his plan that includes asking Trump for those details. Disclosing those during the review, Trump’s attorneys said, was not a requirement of U.S. District Court Judge Aileen Cannon’s order appointing Dearie as special master. And, they added, it could harm Trump’s defense against any forthcoming criminal charges.

“[T]he Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” the attorneys wrote.

Trump’s team’s comments came in response to a request from Dearie for a proposed agenda when he convenes the parties Tuesday for a preliminary conference in his Brooklyn courtroom. And it wasn’t their only gripe with Dearie’s “draft management plan” for the Mar-a-Lago review — which Trump himself demanded and for which his team picked Dearie as one of two acceptable options for the special master role.

Trump’s team also raised concerns about Dearie’s request for information about whether any subsequent Fourth Amendment litigation filed by Trump to reclaim the documents should be filed with the magistrate judge who authorized the search in the first place: Bruce Reinhart, who Trump has assailed without basis as biased against him.

And Trump’s lawyers also quibbled with Dearie’s proposed deadlines, contending that his draft plan “compresses the entirety of the inspection and labeling process to be completed by October 7, 2022.”

“We respectfully suggest that all of the deadlines can be extended to allow for a more realistic and complete assessment of the areas of disagreement,” his lawyers argued.

I guess the Trump team are now regretting that they asked for Dearie as special master. He expects them spell out the claims they have been making publicly, while avoiding discussing them in Loose Cannon’s court. She appeared to make decisions based on those public comments about declassification and Fourth Amendment violations even though the Trump lawyers didn’t argue them in their court filings. In addition, Trump’s lawyers came right out and admitted that he could be indicted.

Greg Sargent at The Washington Post: Trump’s lawyers just gave away the game, exposing his Achilles’ heel.

Throughout the Mar-a-Lago saga, it has been a running joke: Donald Trump and his media propagandists kept insisting he had declassified the documents he hoarded, supposedly proving his innocence. Yet his lawyers kept refusing to fully embrace this view, suggesting that as a legal argument, it’s rather worthless.

Now Trump’s trickery has run aground in spectacularly revealing fashion: In a new filing, Trump’s lawyers effectively admit they don’t want to address whether he declassified documents, while seeming to acknowledge he could face indictment.

This episode reveals the perils of lawyering by Fox News: If you tailor arguments to a forum where damning facts are never admitted as evidence and Trump’s defenses never face real scrutiny, eventually you’ll hit a wall of legal reality.

This bizarre turn came after Trump and the Justice Department submitted filings to Judge Raymond Dearie, the special master conducting a review of documents that the department secured in the search of Trump’s Mar-a-Lago resort, in response to Trump’s demands for that review.

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post reports

“Specifically, the legal team objected to what it said was Dearie’s request that it ‘disclose specific information regarding declassification to the Court and to the Government.'”

That’s not all Trump’s legal team said, however. There’s also this:

“Trump’s lawyers wrote that they don’t want Dearie to force Trump to “fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order” — a remarkable statement that acknowledges at least the possibility that the former president or his aides could be criminally charged.”

Here’s what this means: Dearie essentially asked Trump’s lawyers to put up or shut up. And they chose Door No. 2.

Trump has been claiming he believes he owns the stolen documents. Maggie Haberman published this scoop last night at The New York Times: Trump Was Warned Late Last Year of Potential Legal Peril Over Documents.

A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.

The lawyer, Eric Herschmann, sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material, the people said.

The account of the conversation is the latest evidence that Mr. Trump had been informed of the legal perils of holding onto material that is now at the heart of a Justice Department criminal investigation into his handling of the documents and the possibility that he or his aides engaged in obstruction.

In January, not long after the discussion with Mr. Herschmann, Mr. Trump turned over to the National Archives 15 boxes of material he had taken with him from the White House. Those boxes turned out to contain 184 classified documents, the Justice Department has said.

But Mr. Trump continued to hold onto a considerable cache of other documents, including some with the highest security classification, until returning some under subpoena in June and having even more seized in a court-authorized search of his Mar-a-Lago residence and private club by F.B.I. agents last month.

The precise date of the late 2021 meeting between Mr. Trump and Mr. Herschmann is unclear. It was also unclear what, if any, awareness Mr. Herschmann had of what was in the boxes when the subject was discussed.

But by then, the National Archives had told associates of Mr. Trump that it was missing documents like original copies of his presidential correspondence with the North Korean dictator Kim Jong-un and the letter left for him by President Barack Obama. Archives officials said they had been told by then that there were roughly two dozen boxes of documents that had been in the White House residence and which qualified as presidential records, which had never been sent to the archives.

The meeting with Judge Dearie is going on now and Josh Gerstein of Politico is in the courtroom.

Trump’s lawyers have also filed a response to the DOJ’s appeal to the 11th Circuit.

Harry Litman posted a series of tweets about the Trump response.

We can’t know how long the appeal will take, but experts are saying the 11th circuit quick response the the DOJ appeal suggests they may act quickly.

There is plenty of other news, but I’m just going to post links, because I’m not feeling well today. It’s just stomach troubles, but it’s interfering with my ability to concentrate and write.

Important News Links:

CNN: Hurricane Fiona left 1 million without running water in Dominican Republic and much of Puerto Rico without power. Now it’s slamming the Turks and Caicos.

The Washington Post: Video appears to undercut Trump elector’s account of alleged voting-data breach in Georgia.

The New York Times: Videos Show Trump Allies Handling Georgia Voting Equipment.

CNN: These male politicians are pushing for women who receive abortions to be punished with prison time.

Charlotte Shane at Harpers: The Right to Not Be Pregnant.

William Saletan at The Bulwark: The Chaotic Politics of Lindsey Graham’s Abortion Bill.

The Guardian: Criminal investigation launched into DeSantis asylum seeker flights.

Charlotte Alter at Time: Conspiracy Theorists Want to Run America’s Elections. These Are the Candidates Standing in Their Way.

Enjoy the rest of your Tuesday Sky Dancers!!


Mostly Monday Reads: Trump threatens the US with his QAnon Crazies

Good Day Sky Dancers!

Yesterday, JJ put up some video of a Trump Rally highly reminiscent of NAZI rallies. Trump has taken to threatening Americans and Democracy, warning us that ‘problems’ like ‘we’ve never seen before are coming if any court dares to indict him.  This is from Politico on September 15: “It’s not the first time Republicans have hinted at potential civil unrest.”  Frankly, he and his droogs in Congress have gotten more threatening the closer Trump comes to an indictment. This is from the Hewitt interview.

Former President Donald Trump said Thursday the nation would face “problems … the likes of which perhaps we’ve never seen” if he is indicted over his handling of classified documents after leaving office, an apparent suggestion that such a move by the Justice Department could spark violence from Trump’s supporters.

The former president said an indictment wouldn’t stop him from running for the White House again and repeatedly said Americans “would not stand” for his prosecution.

You may recall Lindsey Graham also linked a threat last month. The threats have gotten so frequent and disturbing that AG Merrick Garland felt the need to give a speech on Ellis Island while welcoming new;y minted American Citizens.  This is the New York Times covering the event: “‘As Trump Inquiry Heats Up, Garland Says Divisions Imperil the Rule of Law.  Addressing new citizens on Ellis Island, the attorney general emphasized that all Americans are equal under the law.”  It seems weird that anyone these days should need to say that since Nixon argued that crimes weren’t crimes if the ‘president did it.’  That argument failed soundly. But after Judge Loose Cannon suggested a former president deserved special consideration, lawyers everywhere are speaking out. A group of Republican Lawyers filed an Amicus brief supporting the DOJ’s appeal of her decision to the 11th District.

An emotional Attorney General Merrick B. Garland addressed new citizens on Saturday at Ellis Island, the site of his family’s American origin story, and warned that the country had become dangerously divided by political factionalism, which has imperiled the democracy and the rule of law.

Mr. Garland was presiding over the oath of allegiance for 250 naturalized citizens at the iconic immigration processing center, on the anniversary of the signing of the Constitution in 1787. As the new Americans rose to recognize their home countries — about 60 of them, with origins from Albania to Yemen — he told them that the United States “wholeheartedly welcomes you.”

During a 10-minute speech in which he repeatedly stopped to collect himself, the attorney general recounted the tale of his grandmother’s flight from antisemitism in what is now Belarus before World War II, and the narrow escape to New York made by his wife’s mother, who fled Austria after Nazis annexed the country in 1938.

“My family story is what motivated me to choose a career in public service,” said the typically stoic attorney general, his voice dropping to a husky whisper. “I wanted to repay my country for taking my family in when they had nowhere else to go. I wanted to repay the debt my family owes this country for our very lives.”

Some of the most vehement reaction to the Trump QAnon rally has come from the Jewish community. Frankly, the reaction from everywhere is pretty astounding.  This is from The Independent: “Trump under fire for QAnon display at Ohio rally: ‘He has gone completely insane’. ‘Trump has always been mentally ill, but this is a whole new level’.” This is reported by Gustaf Kilander.

Donald Trump has come under fire for his descent into the QAnon conspiracy theory movement during his Youngstown, Ohio rally in support of Republican Senate candidate JD Vance.

“This is the week when Trump became Qanon. This isn’t a political statement; it just is, however disturbing. Week began with images of Trump on Truth Social wearing a Q pin and promoting their slogans; it ends with Q music and the Q ‘one’ sign by crowd at his rally,” CNN analyst Juliette Kayyem tweeted on Saturday.

Author Kurt Eichenwald added that “this week, Trump posted QAnon memes, played QAnon theme music at his rally, and stood by as the crowd raises their fingers in the QAnon salute. This is the GOP’s supposed leader. Every Republican needs to be asked about it – and don’t let them walk away. ‘Do you support QAnon?’”

“He has gone full QAnon, and that cult knows it. Trump has always been mentally ill, but this is a whole new level. He has gone completely insane,” he tweeted.

The author went on to lay out a lot of the bizarre theories within the movement.

“With Trump now leaning so hard into QAnon, anyone who interviews him *must* ask ‘Do you believe there is a global cabal of elites who are kidnapping children, taking them to underground tunnels, murdering them, eating them and drinking their adrenochrome to stay young forever? Have you secretly been president since 2020, while Biden has actually been a clone? Were Hillary Clinton and Anthony Fauci taken to gitmo and executed? And if you don’t believe these things, why are you posting QAnon memes, playing their music, and encouraging their salutes?’” he tweeted.

Other comments covered by the story are from Robert Costa, including this tweet:

The entire rally was beyond creepy, and that includes the music. So, here’s a bit more about all of that.  Vice News offers this primer on Trump’s sudden public conversion to the tome of crazy conspiracy theories and behaviors.  “What Is This Eerie Salute People Are Doing at Trump Rallies Now? The signal was immediately compared to the “Sieg Heil” salute.”

On Saturday night, as former President Donald Trump was wrapping up a political rally in Youngstown, Ohio, one section of the crowd all raised their arms in the air and extended one finger.

The strange salute came as Trump was once again spreading lies and disinformation about the 2020 election and the FBI search on his Mar-a-Lago home. The signal was immediately compared to the “Sieg Heil” salute used by Nazi party members to greet Hitler. Some also said it was in reference to Trump’s “America First” motto.

However, for QAnon followers, the one-finger salute was taken as yet another signal from Trump that he is in their corner.

Some in the wider QAnon community also claimed the one-finger salute was a reference to the phrase “Where we go one, we go all,” though again with no evidence to back up the claims.

Ben Collins of NBC news has more details on the crazy cult of Q and its batshit crazy leader. “What is Qanon? A guide to the conspiracy theory taking hold among Trump supporters. The Qanon conspiracy started less than a year ago but has taken hold among some Trump supporters — with some followers taking real world action. “

Signs and T-shirts emblazoned with some variation of the letter Q dotted a rally for Donald Trump in Tampa on Tuesday. Paper printouts declaring “We are Q” occupied small sections of the crowd.

One rally-goer named Tyler held out a large coin with Q on it and explained the letter’s sudden prevalence among Trump supporters. “Qanon, the storm, the great awakening,” he told local TV station WPLG.

“What Q stands for is military intelligence, most likely. He’s been talking to all of us. Letting us know the covert battles that are waging between the Deep State and President Trump.”

Tyler, whose last name was not disclosed to WPLG, is one of a growing number of vocal followers of a conspiracy theory, known as Qanon, that has taken hold among some Trump supporters. The theory centers around an anonymous source, Q, who is trying to tell the world about a secret battle being waged by Trump and special counsel Robert Mueller against a pedophile ring filled with celebrities and political elites who have been covertly running the United States government for decades.

Remember the 2016 assault on a pizza restaurant? A guy with a gun wants to see a nonexistent basement? This supposedly involved John Podesta and Hillary and eventually got labeled Pizzagate. You can walk down memory lane by following the NBC link.

If you get anything from a Republican elected official, just send them anything about that rally and ask them what they think.

https://twitter.com/AntheaButler/status/1571543341527101440

This is from the link above. It’s from Will Bunch writing for The Philadelphia Inquirer.

If you are a political fanatic, you’ve surely heard the old saying that when fascism comes to America, it will come wrapped in the flag and carrying a cross. That’s been proven true in this fraught year of 2022 as Christian nationalism rises to our extreme right, but no one predicted this:

That U.S. authoritarianism would also come with a bat-guano crazy musical soundtrack — music that sounds like a Bible Belt altar riff, but is actually tied to the weirdly popular QAnon conspiracy theory whose legion of followers believe there’s an elite global cabal of child-trafficking, baby-blood-drinking liberal politicians and movie stars.

This terrifying crossing of some kind of autocratic Rubicon happened — where else? — at a Donald Trump rally in Youngstown, Ohio, on Saturday night.

Trump rallies are a tricky thing to cover, some 20 months after the 45th president left the White House in seeming disgrace after a failed coup and two impeachments. There’s an understandable desire to want to not give these increasingly hate-drenched rallies any oxygen, in the vain hope the flame will completely flicker out. And his Fidel Castro-length rants increasingly offer little political insight but long flights of narcissistic grievance about his 2020 election loss and an enemies list that grows longer each day.

But even had it been stripped of its creepy musical backing, Trump’s apocalyptic closing diatribe from an arena in the epicenter of Rust Belt industrial decay demands our attention — as the current front-runner for the 2024 GOP presidential nomination continues to steer his followers toward an authoritarian cult of personality, committed more to its warped leader and his perceived slights than any justifiable cause.

That about sums it up.

And this is from the end of the Queen’s commital service today at Windsor Castle.  The Piper could actually be playing that dirge for us too.

What’s on your reading and blogging list today?


Lazy Caturday Reads

Cats by a fishbowl, Horatio Henry Couldery

Cats by a fishbowl, Horatio Henry Couldery

Happy Caturday!!

Late last night the Department of Justice appealed Judge Loose Cannon’s ruling in the battle over the classified documents that Trump stole on his way out of the White House.

Ryan J. Reilly at NBC News: Justice Department asks appeals court to block Trump judge’s Mar-a-Lago ruling.

The Department of Justice is asking a federal appeals court to temporarily block a Trump-appointed judge’s ruling that prevents it from accessing hundreds of pages of classified records seized amid the thousands of pages of government documents taken from the former president’s Mar-a-Lago home.

“The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security,” the Justice Department wrote in its motion Friday.

The Justice Department hadpreviously argued that any delay in its investigation into Donald Trump’s handling and retention of government records, including classified records, could result in “irreparable harm” to the government and the public….

The Justice Department on Friday argued that any considerations of claims for return of property or attorney-client and executive privilege were “categorically inapplicable to the records bearing classification markings.”

“Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search,” the Justice Department wrote.

Although Trump previously suggested he had declassified or designated documents seized from his home as “personal,” the Justice Department said he “has never represented that he in fact took either of those steps — much less supported such a representation with competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”

The Justice Department also argued that its request for a limited stay wouldn’t disrupt the special master’s review of other materials and “irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel.”

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

More from Josh Gerstein and Kyle Cheney at Politico: Justice Dept. asks appeals court to restore access to Trump raid documents.

In a filing with the 11th Circuit Court of Appeals in Atlanta Friday night, prosecutors said the government is facing irreparable harm as a result of U.S. District Court Judge Aileen Cannon’s ruling putting the potentially classified records off-limits to the investigative team until an outside expert conducts a review of them and considers Trump’s objections to their seizure.

“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” DOJ lawyers said in their 29-page filing, adding, “It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”

The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.

The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.

“The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation,” prosecutors wrote….

The inability of federal prosecutors to advance their criminal probe has complicated separate efforts by the intelligence community to assess the harm that may have been caused by their improper storage in Trump’s unsecured storage room, prosecutors say, contending that the criminal investigation is inextricably tied to the national security review.

And prosecutors suggested that the restrictions on the FBI’s criminal work would prevent investigators from determining what may have once resided in dozens of empty folders, also bearing classification marks, found among Trump’s belongings.

“The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to identification of other records still missing,” prosecutors indicated in the filing.

This is from a column by Harry Litman at The Los Angeles Times: The Mar-a-Lago judge’s latest opinion is as atrocious as legal experts say it is.

The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.

Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.

The Justice Department asked for a modest stay extending to only 100 pages of classified material found at the beach resort. It is beyond controversy that such documents are off-limits to a private citizen like the former president.

e1c83a9f137b9fef45da615c829c3917Trump’s lawyers did not try to contest that principle. Rather they argued, bizarrely, that just because the government said the documents were classified, it wasn’t necessarily so.

That, of course, is spectacular gibberish. The very meaning of classified documents is that the executive branch has made a determination about their content and marked them classified.

But Cannon adopted Trump’s Alice-in-Wonderland approach. She concluded that it would not be “appropriate” — the closest thing to legal reasoning in her opinion — “to accept the government’s conclusion on these important and disputed issues without further review by a neutral third-party,” that is, a special master.

Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak bedlam in matters of national intelligence, which turn on the very designations that Cannon set aside.

More crazy from Judge Loose Cannon:

The Trump team’s next gambit, which the judge also adopted, was even more logically and legally threadbare. The former president has argued repeatedly in public that he declassified the documents. But his attorneys have studiously avoided saying that in court papers, where lies are subject to professional and criminal penalties. The Trump filings indicate only that he perhaps had declassified the documents.

The appropriate response for a judge in these circumstances is to put Trump on the stand and ask him, “Did you or didn’t you?” Failing that, “perhaps” means the matter is not established and the argument loses.

But Cannon either does not know or does not care what judges do in such a situation. It is important to emphasize that she isn’t simply leaning in Trump’s direction, she’s falling all over him.

Judges sit to resolve disputes, on the basis of evidence. Trump’s team offered none for his positions, relying instead on only the most speculative arguments. It is elementary to the adversary system of justice that evidence and the law, not speculation, determine outcomes. Nothing in the Trump team’s filings justifies freezing a criminal justice investigation and national intelligence review in their tracks.

The DOJ has appealed and now we’ll have to wait and see what the 11th Circuit judges have to say.

There were a couple of new revelations yesterday about people close to Trump and the stolen government documents.

The Washington Post: Trump team claimed boxes at Mar-a-Lago were only news clippings.

Months before National Archives officials retrieved hundreds of classified documents in 15 boxes from former president Donald Trump’s Mar-a-Lago Club, they were told that none of the material was sensitive or classified and that Trump had only 12 boxes of “news clippings,” according to people familiar with the conversations between Trump’s team and the Archives.

playing-cats-henriette-ronner-knip

Playing Cats, by Henriette Ronner-Knip

During a September 2021 phone call with top Archives lawyer Gary Stern, former deputy White House counsel Pat Philbin offered reassuring news: Philbin said he had talked to former White House chief of staff Mark Meadows, who made the assertion about the dozen boxes of clippings, the people familiar with the call said. Trump’s team was aware of no other materials, Philbin said, relaying information he said he got from Meadows.

The characterization made in the call vastly misrepresented the scale and variety of documents, including classified records, eventually recovered by the Archives or the FBI.

Philbin said that Meadows also told him no documents had been destroyed, according to two people with knowledge of the call and a third person with knowledge of Stern’s contemporaneous account of the call. These and other people spoke on the condition of anonymity to disclose internal details.

Stern had sought the call because he believed there were still more than two dozen boxes of materials that Trump had, and he also had concerns about whether digital records had been properly retained, according to a person with knowledge of the situation. Top Archives officials continued to believe there was more material than they were being told about, according to people familiar with their thinking.

So either Philbin and/or Meadows is lying or they were lied to by Donald Trump. A spokesman for Meadows suggested it was Trump who lied.

“Mr. Meadows did not personally review the boxes at Mar A Lago and did not have a role in examining or verifying what was or wasn’t contained within them,” Ben Williamson, a spokesman for Meadows, said in a statement Friday night after the article was published online.

The New York Times confirmed the WaPo story and added more detail: Lawyer Told Archives Last Year That Trump Had No Classified Material.

The Washington Post first reported on Friday that Mr. Philbin had told the archives that there were no sensitive or classified materials in the boxes.

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

Mr. Trump had told advisers a version of what Mr. Meadows is said to have told Mr. Philbin, that the boxes contained news clippings and personal effects, according to people familiar with the events. Aides to Mr. Trump had told others that there were only 12 boxes of material, which is what Mr. Meadows is also said to have relayed to Mr. Philbin.

Mr. Meadows went to Mar-a-Lago and discussed the boxes of material with Mr. Trump during the summer of 2021, as archives officials were trying to get the materials sent to them. Mr. Philbin was trying to facilitate the return while avoiding being drawn further into the dispute, according to two people familiar with the events.

In a statement, Ben Williamson, a spokesman for Mr. Meadows, said, “Mr. Meadows did not personally review the boxes at Mar-a-Lago and did not have a role in examining or verifying what was or wasn’t contained within them.”

At The Washington Post, Ruth Marcus has a column on Jeffrey Clark, the DOJ employee whom Trump wanted to appoint as acting Attorney General in the wake of the 2020 election: The curious case of the strange man who was nearly attorney general.

The threat of losing his law license might be the least of Jeffrey Bossert Clark’s problems. Clark is the environmental lawyer who came just one contentious Oval Office meeting away from being installed as attorney general in the waning days of the Trump administration.

In June of this year, his home was searched by armed agents of the Justice Department’s Office of Inspector General and his electronic devices seized as part of a criminal investigation into false statements, conspiracy and obstruction of justice.

The next month, the D.C. bar launched disciplinary proceedings against him.

Even with all that, Clark’s astonishing, over-the-top response to the D.C. bar probe, released Monday, offers jarring new evidence of how bonkers the man who almost became attorney general actually is.

Clark was assistant attorney general for environment and natural resources and who, in the final weeks of the Trump administration, was put in charge of the civil division. President Donald Trump wanted him in the top job because Clark — unlike the rest of the department’s hierarchy — was eager and willing to pursue Trump’s false claims that he had won the election.

Attorney General William P. Barr, before resigning in December 2020, asserted that there was no evidence of election fraud sufficient to affect the results. Jeffrey Rosen, the acting attorney general, and Richard Donoghue, the acting number two, agreed with that conclusion.

horatio-henry-couldery-a-trio-of-kittens

A Trio of Kittens, by Horatio Henry Couldery

This didn’t deter Clark, although it was far outside his job description. He drafted a letter to Georgia Gov. Brian Kemp and other state officials asserting that the department had “identified significant concerns that may have impacted the outcome of the election in multiple states,” and urging them to call the legislature into special session.

Rosen and Donoghue refused to sign, telling Clark there was no such evidence; Clark persisted to the point of telling Rosen that Trump would name Clark as attorney general in his place so the letter could be sent. The whole scheme was derailed only after Trump was confronted with threats of mass resignations at the Justice Department.

Read the rest at the WaPo.

I’ll end with some articles about the Ron DeSantis’ exploitation of asylum seekers by sending them to Martha’s Vineyard, links only:

Raw Story: Lawmakers call for federal investigation of ‘cruel’ Ron DeSantis.

Jamelle Bouie at The New York Times: What the Martha’s Vineyard Stunt Says About the Trump Wannabes.

The Washington Post: A migrant landed on Martha’s Vineyard. A resident jumped in to help.

Miami Herald: This is how much Florida has paid an aviation company to relocate ‘unauthorized aliens.’

Have a great weekend, Sky Dancers!!