Mostly Monday Reads: My Body, My Choice

Good Day Sky Dancers!

Happy Indigenous Peoples Day! 

Many of you know that my oldest daughter is an Ob/Gyn.  She’s practicing in a Seattle suburb with the kind of hospitals available to most folks in rich suburbs.  She delivers a lot of babies. She’s also in Washington State, which means the state has a Constitution that respects a woman’s right to decide about her health. However, before she landed there, she practiced in a small hospital closer to the Canadian border in Mt Vernon, WA. The hospital was sold. Her partners there had moved from Georgia to Washington because they were appalled by the idea that they had to have a “room” in the hospital where “God can’t see.”  It was where medically necessary abortions happened because it was a Catholic hospital.  She was glad to escape the coming of that reality.

I had a high-risk pregnancy with her little sister.  She was placenta previa.  I had a friend who lost a baby and nearly died over complications as they rushed her on a helicopter from North Platte to Omaha. You can bleed to death. I delivered my youngest about a month early.  Eleven days before she was born, I started bleeding and drove myself to my nice Methodist hospital with my Jewish Neonatologist and Children’s hospital across the street.  We came out of that successfully, but the stress of that pregnancy later had me dealing with inoperable 4th stage leiomyosarcoma of the cervix. I still believe I’m the only one known to be cured of this. My nice Episcopalian doctor in the Med school that my daughter later attended found the right chemo to almost kill me but definitely get rid of cancer.

liberaljane.com ·Artist creating art about bodily autonomy and reproductive justice. Follow me online at @LiberalJane!

My insurance company was determined to send me to the local Catholic hospital to deliver.  At that point, my husband was a VIP of that very Catholic-heavy insurance company and went to the claims person with my instructions.  I told him we’d pay to go to Methodist if he didn’t get the situation changed.  He was a VP, so he carried more weight than most.  They decided that my condition required special attention since the only neonatologist in Omaha at the time was at Methodist.  As you read this, realize the privilege I had getting through all of this.  My oldest daughter would later do her residency under that same neonatologist. I delivered both my kids at Methodist Hospital In Omaha.

Why I was so fussy is a story of me while I was still in grad school and a friend was doing his rotation in Ob/Gyn at the Catholic Med School. He attended a woman whose developing fetus had fetal encephalopathy. Let me explain that condition.

Neonatal encephalopathy (NE) is a complex disease of the newborn characterized by an altered level of consciousness, seizures, poor tone, an inability to initiate or maintain respiration (1) and is associated with multi organ dysfunction (2). The incidence of NE is estimated at 3 per 1,000 live births

The baby had no higher brain functions. It only had a brain stem and therefore had no sentience, nor would it ever have sentience. It would either die in the womb or after birth within a few horrid days or weeks of suffering.  A priest came to guilt trip the woman into carrying to term, delivering, etc., so they could baptize what didn’t even have brain activity.  He added that then the baby could be harvested.  This horrified me.  It was a pure view of a woman as a container with no feelings or moral agency.  You can see why I wanted to avoid a Catholic Hospital at all costs.

So, this brings me to this Washington Post article today, which is highly relevant to women in rural areas, poor women, and women of color.  My daughter lived close to a reservation up in Washington upstate.  She is dedicated to serving all women.  She and her doulas spent a lot of time with the indigenous women to ensure they had healthy pregnancies and delivery options.  She felt that her ability to practice with the new hospital ownership would severely limit her from fulfilling her duties and oath as a board-certified surgeon and OB/GYN.  “Spread of Catholic hospitals limits reproductive care across the U.S.. Religious doctrine restricts access to abortion and birth control and limits treatment options for miscarriages and ectopic pregnancies.”

The Supreme Court decision overturning the constitutional right to abortion is revealing the growing influence of Catholic health systems and their restrictions on reproductive services including birth control and abortion — even in the diminishing number of states where the procedure remains legal.

Catholic systems now control about 1 in 7 U.S. hospital beds, requiring religious doctrine to guide treatment, often to the surprise of patients. Their ascendancy has broad implications for the evolving national battle over reproductive rights beyond abortionas bans against it take hold in more than a dozen Republican-led states.

The Catholic health-care facilities follow directives from the United States Conference of Catholic Bishops that prohibit treatment it deems “immoral”: sterilization including vasectomies, postpartum tubal ligations and contraception, as well as abortion. Those policies can limit treatment options for obstetric care during miscarriages and ectopic pregnancies, particularly in the presence of a fetal heartbeat.

Liberal Jane Illustration

I should also mention that after my youngest was delivered via Caesarian, I had one of those “immoral” sterilizations.  I was okay with two daughters and never wanted to go through that again.  That surgery was unnecessary just 9 months later. I had a radical Werthein’s hysterectomy.  They took everything plus the surrounding lymph nodes.  My cancer, at one point, had spread to the lymph nodes.  It was, fortunately, not in my bones.  My reproductive organs showed dysplasia.  This experience sent my oldest daughter in fifth grade to ask what she needed to do to become a doctor. My two years of challenges brought her to the profession. She never backed off from that goal other than her first goal was to get rid of cancer.  I would never wish any of this or the surrounding decisions to be made by anyone but the woman with the support of her healthcare givers, and I mean NO ONE. It was my decision to make and no one else’s. I even asked my Doctor if I might require an abortion at some point but was reassured that it probably wouldn’t be necessary.

Anyone who has seen what the Catholic Bishops think about women and pregnancy should be horrified by this article.

“The directives are not just a collection of dos and don’ts,” said John F. Brehany, executive vice president of the National Catholic Bioethics Center and a longtime consultant to the conference of bishops. “They are a distillation of the moral teachings of the Catholic Church as they apply to modern health care.” As such, he said, any facility that identifies as Catholic must abide by them.

The role of Catholic doctrine in U.S. health care has expanded during a years-long push to acquire smaller institutions — a reflection of consolidation in the hospital industry, as financially challenged community hospitals and independent physicians join bigger systems to gain access to electronic health records and other economies of scale. Acquisition by a Catholic health system has, at times, kept a town’s only hospital from closing.

I would never want to live under this regime of “religion,” although I support our religious freedom laws that give everyone there right to practice their beliefs in their life and way. This headline also comes from the Washington Post.Jewish women sue over Kentucky abortion laws, citing religious freedom.”

Three Jewish women in Kentucky have filed a lawsuit arguing that a set of state laws that ban most abortions violate their religious rights.

The lawsuit, filed in Jefferson Circuit Court in Louisville, is the third such suit brought by Jewish  organizations or individuals since the U.S. Supreme Court overturned the right to an abortion in its ruling in Dobbs v. Jackson Women’s Health Organization. In all three suits — the first in Florida, the second in Indiana — the Jewish plaintiffs claim their state is infringing on their religious freedom by imposing a Christian understanding of when life begins.

Under current Kentucky laws, life begins at the moment of fertilization. Another law bans abortion after six weeks when cardiac activity is first detected.

Abortion will be on the ballot next month when Kentuckians decide the fate of a proposed constitutional amendment that would eliminate the right to abortion in the state.

Some Florida clerics also seek court relief from the state’s intrusive abortion laws.

The five separate lawsuits https://tmsnrt.rs/3BBEdIr, filed in Miami-Dade County, claim the state’s ban curtails the clergy members’ ability to counsel congregants about abortion in accordance with their faiths, since Florida law prohibits counseling or encouraging a crime.

The plaintiffs are three rabbis, a United Church of Christ reverend, a Unitarian Universalist minister, an Episcopal Church priest and a Buddhist lama. They asked the court to declare that the state’s abortion law violates Florida and U.S. constitutional protections for freedom of speech and religion.

They also claim the abortion ban violates a Florida religious freedom law that prohibits the government from “substantially burdening” the exercise of religion, unless there is a compelling state interest that cannot be met with fewer restrictions.

We’re even having our own version of “abortion on the ballot” with an uptown State Senate seat in contention.

As New Orleans Democrats, state Reps. Mandie Landry and Royce Duplessis agree on plenty – including the firmly held view that women should have the right to an abortion.

And those views have jumped to the forefront of a closely contested race as the two vie to become the next senator representing Uptown and surrounding neighborhoods.

Landry and Duplessis – whose nearly identical voting records place them among the most progressive members of the conservative-dominated Legislature – are competing in a special election Nov. 8 to fill the seat Karen Carter Peterson vacated in April. Peterson resigned in advance of pleading guilty in federal court to defrauding campaign contributors.

Beginning with her announcement in May, Landry has centered her campaign on abortion rights, attempting to capitalize on anger at the U.S. Supreme Court for ending a woman’s constitutional right to terminate a pregnancy, and the state Legislature’s decision to ban the procedure in Louisiana without exceptions.

Speaking to a group of female students at Tulane Wednesday night, Landry emphasized that she is the only legislator who has defended abortion rights as an attorney and detailed her deep knowledge of abortion law.

“There’s five women in the state Senate, and they’re all anti-choice,” Landry said as the nine students nodded knowingly. “They file a lot of the terrible bills.”

On their Instagram, artist Madeline Horwath’s stickers are being sold to benefit Yellowhammer Fund, funding abortion in Alabama, Mississippi, and the Deep South. (image courtesy the artist)

Yes. Women in Louisiana in the State Senate work hard for the patriarchy in Louisiana.  But back to our main article. The expense of maintaining a hospital and providing healthcare to a community increasingly transfers the right to make decisions on reproductive health, making them unavailable.

In Schenectady, N.Y., Ellis Medicine is in talks with the multistate Catholic giant Trinity Health. Last month, in Quad Cities, Iowa, Genesis Health System signed a letter of intent to enter a partnership with MercyOne, also part of Trinity Health. And this semester, Oberlin College had to find a new provider to prescribe contraceptives after outsourcing student health services to a Catholic system that would not provide them.

In rural northeast Connecticut, residents are protesting the prospect of their 128-year-old hospital becoming part of a Catholic system and thepotential impact on reproductive services.

“It would be very troubling to see cutbacks in a state like Connecticut,” said Ian McDonald, a stonemason who opposes the proposed deal between Day Kimball Healthcare in Putnam and Massachusetts-based Covenant Health.

Kyle Kramer, chief executive of Day Kimball Healthcare, said the proposed affiliation with Covenant Health wouldrescue the financially challenged 104-bed hospital.

“Obviously it has connotations,” Kramer said of the proposed move to faith-based ownership. The Catholic directives would “provide guidance,” he said in an interview, while insisting that “theservices that we have provided in the past are the same services that we will continue to provide in the future.”

Kramer did not answer questions in a follow-up email about how contraception and elective sterilizations could continue to be provided under Catholic doctrine if their primary purpose is for birth control. Nor did he specify how emergency obstetric care that could result in terminating a pregnancy might be affected.

Covenant Health spokeswoman Karen Sullivan said in an email that as part of the regulatory process, the Catholic health system is drafting a public response to questions by the state’s Oct. 23 deadline. The system, she said, is committed to “ensuring that the Ethical and Religious Directives are applied thoughtfully and with empathy, compassion and respect for every person we serve.”

Please notice that a woman has been used to Dickwash the patriarchal bullshit.  This wonderful piece was written by   and

Oh, I have one more something to say before I wrap everything up today.

I haven’t done this for a few years because I’ve been able to cover the $100 annual fee to keep the blog up and running. Social Security thinks I make too much money side-teaching and has pulled my check for two months. So, if you can donate to keep the shop open, please donate to me at Venmo (@dakinikat) or CashAp ($Dakinikat6520, or Zelle (dakinikat). I’d appreciate it!

What’s on your reading or blogging list today?


Lazy Caturday Reads

By Emanuele Cavalli (1904-1981)

By Emanuele Cavalli (1904-1981)

Happy Caturday!!

Even though we are heading into a 3-day weekend, there is a surprising amount of news today. I’m going to focus on the following stories: Ukraine’s destruction of a bridge that is vital to Russian supply routes;  New developments in the Trump stolen documents saga; and someshocking news on that Russian-speaking Ukrainian woman who infiltrated Mar-a-Lago awhile back.

Ukraine War News

CNN: Massive blast cripples parts of Crimea-Russia bridge, in blow to Putin’s war effort.

In a major blow for Russian President Vladimir Putin, a huge explosion has severely damaged the only bridge connecting the annexed Crimean peninsula with the Russian mainland, paralyzing a key supply route for Moscow’s faltering war in Ukraine.

The blast early Saturday caused parts of the Kerch Strait road and rail bridge – opened by Putin himself in 2018 – to collapse, images and video from the scene showed. At least three people were killed in the explosion, Russian officials said, citing preliminary information.

The exact cause of the blast at Europe’s longest bridge is yet to be confirmed. Russian officials said a truck exploded, causing Crimea-bound sections ofthe bridge’s road portion to collapse. A subsequent fire engulfed a train of fuel tanks on a separate, adjacent rail portion of the bridge.

Putin ordered a “government commission” to examine the Kerch bridge “emergency” in Crimea, Russian state media TASS reported.

An official in Crimea blamed “Ukrainian vandals” for the explosion. Some Ukrainian officials gloated over the incident without directly claiming responsibility – even announcing commemorative stamps will be made. Russian Foreign Ministry spokeswoman Maria Zakharova said that “the reaction of the Kyiv regime to the destruction of civilian infrastructure testifies to its terrorist nature.”

On the strategic importance of the bridge:

Kees van Dongen, The Concierge de la Villa Said, 1917

Kees van Dongen, The Concierge de la Villa Said, 1917

The damage to the road bridge appears to be severe, with the part of the bridge that carries westbound road traffic crippled in at least two places. The damage to the rail link where fuel tanks caught fire is unclear.

The bridge is strategically important because it links Russia’s Krasnodar region with the Crimean peninsula, which was annexed by Russia from Ukraine in 2014 in a move condemned by the international community.

It is a critical artery for supplying Crimea with both its daily needs and supplies for the military. Over the last few months, dozens of Russian military convoys have used the bridge, carrying vehicles, armor and fuel.

If the Russian military can’t use the bridge, its supply lines to forces in southern Ukraine would become more tenuous, especially when combined with Ukrainian advances southwards into Kherson region, north of Crimea.

Trump Stolen Documents News

Rolling Stone: Justice Department Asking if Trump Stashed Documents in Trump Tower.

FEDERAL INVESTIGATORS HAVE asked multiple witnesses if they knew whether Donald Trump had stashed any highly sensitive government documents at Trump Tower in Manhattan or at his private club in Bedminster, New Jersey, a person familiar with the matter and another source briefed on the situation tell Rolling Stone.

The FBI, according to these sources, had also asked in recent months whether the ex-president had a habit of transporting classified documents from his Florida estate Mar-a-Lago to the other Trump properties. The feds specifically discussed both the New York City and Bedminster locations with certain witnesses.

“It was obvious they wanted to know if this went beyond just Mar-a-Lago,” the first source says….

On Thursday, The New York Times reported that the Justice Department informed Trump’s legal team it believes the former president may have taken more documents than the ones the FBI returned to the National Archives after its August Mar-a-Lago search. Trump attorney Christopher Kise reportedly suggested that the former president voluntarily conduct a search for any further missing documents at another unnamed Trump property, according to the Times.

The FBI has been quietly interviewing a number of former Trump associates as part of its inquiry into his retention of classified documents….

The increased law enforcement scrutiny since the FBI search of Mar-a-Lago has prompted Trump to wonder aloud who in his circle could be helping the Justice Department’s investigation. In exchange with associates, Trump has asked whether anyone in MAGA world could be “wearing a wire” or if his phones are “tapped.” In private, associates of the former president told Rolling Stone that Trump remains focused on getting back “all” of the documents — even classified ones — taken by the FBI back, referring to them as “mine.”

Maggie Haberman and Michael Schmidt at The New York Times: How Trump Deflected Demands for Documents, Enmeshing Aides.

Late last year, as the National Archives ratcheted up the pressure on former President Donald J. Trump to return boxes of records he had taken from the White House to his Mar-a-Lago club, he came up with an idea to resolve the looming showdown: cut a deal.

By Li Gui Jun

By Li Gui Jun

Mr. Trump, still determined to show he had been wronged by the F.B.I. investigation into his 2016 campaign’s ties to Russia, was angry with the National Archives and Records Administration for its unwillingness to hand over a batch of sensitive documents that he thought proved his claims.

In exchange for those documents, Mr. Trump told advisers, he would return to the National Archives the boxes of material he had taken to Mar-a-Lago, in Palm Beach, Fla.

Mr. Trump’s aides never pursued the idea. But the episode is one in a series that demonstrates how Mr. Trump spent a year and a half deflecting, delaying and sometimes leading aides to dissemble when it came to demands from the National Archives and ultimately the Justice Department to return the material he had taken, interviews and documents show.

That pattern was strikingly similar to how Mr. Trump confronted inquiries into his conduct while in office: entertain or promote outlandish ideas, eschew the advice of lawyers and mislead them, then push lawyers and aides to impede investigators.

In the process, some of his lawyers have increased their own legal exposure and had to hire lawyers themselves. And Mr. Trump has ended up in the middle of an investigation into his handling of the documents that has led the Justice Department to seek evidence of obstruction.

Read the rest at the NYT.

Mike Levine and Kathrine Faulders at ABC News: On Trump’s last day in office, why were sensitive documents allegedly in such disarray?

At the end of Donald Trump’s presidency, his team returned a large batch of classified FBI documents and other government records to the Justice Department in such disarray that a year later — in a letter to lawmakers — the department said it still couldn’t tell which of the documents were the classified ones.

The documents came from the FBI’s controversial probe in 2016 looking at alleged links between Russia and Trump’s presidential campaign. Trump tried to make the documents public the night before he left office, issuing a “declassification” memo and secretly meeting with conservative writer John Solomon, who was allowed to review the documents, Solomon told ABC News this past week.

‘Tiptoes the Mischievous Kitten’, illustrated by P. B. Hickling

‘Tiptoes the Mischievous Kitten’, illustrated by P. B. Hickling

But for reasons that are still not clear – and to the great frustration of Trump and his political allies – none of the documents were ever officially released, and the Justice Department said Thursday it’s still working to determine which documents can be disclosed….

Much of what happened with the documents in those last days of the Trump administration — and ever since — remains shrouded in mystery because current and former government officials involved have refused to speak about it, especially now that the FBI is pursuing its investigation into Trump’s alleged mishandling of a separate cache of classified documents.

The story that still emerges, though, from pieces of public statements and Solomon’s own accounts is one that sheds further light on how Trump’s White House treated certain government secrets. And it helps explain how – in the midst of the FBI probe – Solomon became one of Trump’s official “representatives” to the National Archives.

There’s much more at the ABC link.

Yahoo News: A rift has opened in Trump’s legal team, with a lawyer frozen out for wanting to cooperate with the DOJ: NYT.

A rift has opened in Donald Trump’s legal team over how to respond to Mar-a-Lago classified documents case, The New York Times reported.

According to the Times, the rift was prompted by the Department of Justice telling Trump’s team it believes he still possesses government records, even after the FBI raid in August which seized hundreds of files from his home.

Two sources told The Times that attorney Christopher Kise put himself at odds wth Trump by advocating creating a “forensics team” of independent investigators to meticulously inspect whether Trump has any further records.

Per The Times, Trump was initially open to the idea, the report said, but was later persuaded by other attorneys to take a more aggressive approach, leading to Kise being sidelined.

Hugo Lowell at The Guardian: Donald Trump seeks to withhold two folders seized at Mar-a-Lago.

Donald Trump is seeking to withhold from the justice department two folders marked as containing correspondence with the National Archives and signing sheets that the FBI seized from his Mar-a-Lago resort, according to court filings in the special master review of the confiscated documents.

The former US president’s privilege assertions over the folders, which appear to have direct relevance to the criminal investigation into whether he retained national defense information and obstructed justice, are significant as they represent an effort to exclude the items from the inquiry and keep them confidential.

Barbara Perrine Chu Woman with Two Cats

Barbara Perrine Chu, Woman with Two Cats

Most notably, Trump asserted privilege over the contents of one red folder marked as containing “NARA letters and other copies” and a second, manilla folder marked as containing “NARA letters one top sheet + 3 signing sheets”, a review of the court filings indicated.

The former president also asserted privilege over 35 pages of documents titled “The President’s Calls” that included the presidential seal in the upper left corner and contained handwritten names, numbers, notes about messages and four blank pages of miscellaneous notes, the filings showed.

Trump additionally also did the same over an unsigned 2017 letter concerning former special counsel Robert Mueller, pages of an email about election fraud lawsuits in Fulton County, Georgia, and deliberations about clemency to a certain “MB”, Ted Suhl and former Illinois governor Rod Blagojevich.

The documents the former president is attempting to withhold from the criminal investigation by asserting some sort of privilege – it was not clear whether he asserted executive or attorney-client privilege over the two folders, for instance – became clear after a Friday ruling by the special master.

Lowell figured out which documents Trump was claiming privilege on by comparing the document numbers in the latest filing with another filing that was briefly unsealed and obtained by Zoe Tillman of Bloomberg News.

News Related to Mysterious Woman Who Infiltrated Mar-a-Lago

Pittsburgh Post-Gazette: Valeriy Tarasenko, associate of fake heiress who wandered Mar-a-Lago and posed with Donald Trump, shot outside Canadian resort.

A close associate of a woman who posed as a member of a famous banking family and spent days at former President Donald Trump’s Mar-a-Lago home was shot Friday in a brazen attack outside a lakeside resort northwest of Montreal, the Canadian paper LaPresse reported.

Quebec provincial police have launched a search for the shooter and other accomplices behind the midday shooting of Valeriy Tarasenko, 44, in the upscale community of Esterel, according to LaPresse. Police said he suffered “significant injuries” but was expected to survive.

Mr. Tarasenko was a former business partner of Inna Yashchyshyn, a Russian-speaking Ukrainian immigrant who gained recent notoriety after an investigation by the Pittsburgh Post-Gazette and the Organized Crime and Corruption Reporting Project in August revealed that she masqueraded as a member of the Rothschild family and went to Mar-a-Lago, where she made inroads in the former president’s inner circle.

In prior interviews with the Post-Gazette, Mr. Tarasenko said that he met with the FBI and turned over a host of documents and photos tied to an investigation into Ms. Yashchyshyn, her trips to the former president’s estate, and businesses she formed – two with Mr. Tarasenko – over the past seven years.

A bit more:

Holly Warburton

By Holly Warburton

Quebec police said they were trying to “shed some light on the circumstances that led to the injuries of the victim.” But for now, “to protect the investigation, no other detail can be shared.”

Mr. Tarasenko, who was born in Ukraine and raised in Moscow, told the Post-Gazette and OCCRP that he had hired Ms. Yaschyshyn in 2014 to live in his Midtown Miami condo and watch his two daughters while he traveled on business.

But over the past year, the pair had a falling out, with Mr. Tarasenko accusing Ms. Yashchyshyn of abusing his children — allegations that she has vehemently denied.

The shooting is expected to widen the ongoing FBI investigation that includes several interviews with witnesses about a highly suspicious Miami charity, United Hearts of Mercy.

This seems like a significant story that isn’t getting that much attention in the U.S. media yet. Here are a two Canadian articles–rendered in English by Google Translate–and another at The New York Post.

Le Devoir: A man with a troubled past targeted by an armed attack in Estérel.

Radio Canada: One person injured in shooting at Estérel

The New York Post: Fake Ukrainian heiress: ‘My ex-lover forced me to become Anna de Rothschild’

Could this have anything to do with the stolen documents?

What are your thoughts? What other stories are you following today?


Finally Friday Reads: Republicans Breaking Bad Edition

The Steer (The Bull), Franz Marc, 1911

Good Day Sky Dancers!

There is so much abnormality to the behavior of the Republican Party these days that it’s difficult to characterize the news that comes to light about them.  We keep getting headlines that are shocking but not surprising.  They all are off in the deep end. Take this headline from The Guardian: “US justice department says Trump didn’t turn over all documents.  Investigators are skeptical Trump has been fully cooperative in efforts to recover documents, reports says, which will force difficult choice on next steps.”  BB has covered the story in detail, and every day there’s something new.

The US Department of Justice has told lawyers for Donald Trump it thinks he has not handed back all the documents he took from the White House, the New York Times reported.

The paper said Jay Bratt, the DoJ head of counterintelligence operations, communicated with lawyers for Trump “in recent weeks”.

The news, the Times said, is “the most concrete indication yet that investigators remain skeptical that Mr Trump has been fully cooperative in their efforts to recover documents … supposed to have [been] turned over to the National Archives at the end of his term”.

Laurence Tribe, a Harvard law professor, said the news “looks like a major step toward an indictment of Trump by DoJ for obstruction of justice”.

Head of a Dog, Edvard Munch, 1930

The Herschel Walker stories just get juicier by the day.  This is accompanied by the characteristic hypocrisy of White Evangelicals who simply do not care about his obvious brain damage, moral deficiencies, and lack of intellect.  This is from The Washington Post: “GOP crisis in Herschel Walker race was nearly two years in the making. In Georgia, Republicans are stuck with a problematic Senate candidate they saw coming but decided they couldn’t stop”

In early 2021, as football star Herschel Walker considered running for Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past — including allegations of violence against women — that were openly discussed in the state’s political circles, according to people familiar with the discussions.

Walker’s reaction to being confronted with the allegations was also troubling, according to the people, who spoke on the condition of anonymity to describe private conversations. When the consultants would ask the candidate about incidents even in the public record, he would often get simultaneously defensive and aggressive, accusing the questioner of being a Democratic plant or ally of Sen. Mitch McConnell (R-Ky.), the minority leader.

Those consultants passed on working with Walker, but he pressed ahead with his campaign. After all, Walker’s overwhelming name recognition in Georgia as a Heisman Trophy-winning football star and backing from former president Donald Trump instantly made him so formidable that state and national Republican leaders didn’t mount a serious challenge in the primary, despite concerns about Walker’s baggage.

Now, less than five weeks before the midterm elections, they’re stuck with him as those liabilities threaten to dominate the news and derail his campaign in a state widely viewed as a must-win for Republicans to retake the Senate.

This is a party that no longer has a platform. Their only agenda appears to be power at any cost to ensure anyone who is not a white male christianist is disenfranchised from their constitutional rights and standing.  The other is ensuring taxes are only paid by poor people.  They’re empowered by dark money and now a weird cult of brown-shirt militias ready and willing to commit violence to the cause of White Nationalism and patriarchy. The Oath Keepers Trial is just surreal.  I’m not sure the press quite knows how to report it.

I am looking forward to Rachel Maddow’s latest podcast, “Ultra” which outlines the last time we had to deal with NAZIs in our midst.

Sitting members of Congress aiding and abetting a plot to overthrow the government. Insurrectionists criminally charged with plotting to end American democracy for good. Justice Department prosecutors under crushing political pressure. Rachel Maddow Presents: Ultra is the all-but-forgotten true story of good, old-fashioned American extremism getting supercharged by proximity to power. When extremist elected officials get caught plotting against America with the violent ultra right, this is the story of the lengths they will go to… to cover their tracks. Follow now and join Rachel Maddow for the first two episodes on October 10th.

You may read the interview with her at Rolling Stone.  “The MSNBC host’s eight-part series explores what the prosecution of American fascists in the WW II era can teach us about accountability for Jan. 6”.  So, I’m hoping that puts all this into perspective.  The article is from Maddow Blog.

As part of the proceedings, federal prosecutors revealed a recording in which Rhodes said just days after the Jan. 6 attack that his “only regret” about that day is that members of his pro-Trump paramilitary group didn’t bring rifles.

In other words, the assault on the U.S. Capitol, according to the Oath Keepers founder, wasn’t quite violent enough.

Part of what makes these developments striking is the seriousness of the details. Prosecutors have alleged that Rhodes and his confederates conspired to use force to stop the peaceful transfer of power. To that end, they not only breached the Capitol, they also stashed a significant number of weapons, including grenades, just outside of D.C. in preparation for an escalated offensive.

Federal law enforcement has also alleged that it believes Oath Keepers members intended to launch a second armed attack intended to prevent President Joe Biden from taking office.

But as Rachel noted on last night’s show, there’s also a historical dimension to this: Rhodes’ case is the largest sedition trial in the United States since World War II. Charges like these are incredibly uncommon — Americans rarely try to overthrow their own government — and hard to prove.

That said, as a New York Times report explained, “Because of the nature of the Oath Keepers’ defense — and because of the government’s wealth of evidence — the trial is less likely to focus on disputes over what the group did in the days and weeks leading up to Jan. 6 than it is to hinge on the question of why they did it.”

The White Cat, Pierre Bonnard, 1894

It is difficult for me to understand the thirst for violence, insurrection, and overall destruction of our American Democracy.  It just keeps popping up. There are some already arguing that we’re in a second civil war.   This is from the New York Times: “After Mar-a-Lago Search, Talk of ‘Civil War’ Is Flaring Online.”  How stupid are these people?

Soon after the F.B.I. searched Donald J. Trump’s home in Florida for classified documents, online researchers zeroed in on a worrying trend.

Posts on Twitter that mentioned “civil war” had soared nearly 3,000 percent in just a few hours as Mr. Trump’s supporters blasted the action as a provocation. Similar spikes followed, including on Facebook, Reddit, Telegram, Parler, Gab and Truth Social, Mr. Trump’s social media platform. Mentions of the phrase more than doubled on radio programs and podcasts, as measured by Critical Mention, a media-tracking firm.

Posts mentioning “civil war” jumped again a few weeks later, after President Biden branded Mr. Trump and “MAGA Republicans” a threat to “the very foundations of our republic” in a speech on democracy in Philadelphia.

Now experts are bracing for renewed discussions of civil war, as the Nov. 8 midterm elections approach and political talk grows more urgent and heated.

More than a century and a half after the actual Civil War, the deadliest war in U.S. history, “civil war” references have become increasingly commonplace on the right. While in many cases the term is used only loosely — shorthand for the nation’s intensifying partisan divisions — observers note that the phrase, for some, is far more than a metaphor.

Polling, social media studies and a rise in threats suggest that a growing number of Americans are anticipating, or even welcoming, the possibility of sustained political violence, researchers studying extremism say. What was once the subject of serious discussion only on the political periphery has migrated closer to the mainstream.

But while that trend is clear, there is far less agreement among experts about what it means.

Some elements of the far right view it literally: a call for an organized battle for control of the government. Others envision something akin to a drawn-out insurgency, punctuated with eruptions of political violence, such as the attack on the F.B.I.’s Cincinnati field office in August. A third group describes the country as entering a “cold” civil war, manifested by intractable polarization and mistrust, rather than a “hot” war with conflict.

Given the idiots we see coming to politics as Trumpists, I think it’s a literal call to battle.  Let’s not forget the case against the Proud Boys.

These groups go after the military, veterans, and police officers.  This is from Empty Wheel.

While the Oath Keepers, like the Proud Boys, intentionally recruit law enforcement, the Proud Boys have been better at co-opting cops. Around five of the charged Proud Boys were former or still cops when charged. Tarrio had been a formal informant during a prior criminal prosecution. And several other members of the Proud Boys, including Joe Biggs, provided information to the FBI about what they claimed were Antifa.

Biggs described his own relationship with the FBI this way:

By late 2018, Biggs also started to get “cautionary” phone calls from FBI agents located in Jacksonville and Daytona Beach inquiring about what Biggs meant by something politically or culturally provocative he had said on the air or on social media concerning a national issue, political parties, the Proud Boys, Antifa or other groups. Biggs regularly satisfied FBI personnel with his answers. He also stayed in touch with a number of FBI agents in and out of Florida. In late July 2020, an FBI Special Agent out of the Daytona Beach area telephoned Biggs and asked Biggs to meet with him and another FBI agent at a local restaurant. Biggs agreed. Biggs learned after he travelled to the restaurant that the purpose of the meeting was to determine if Biggs could share information about Antifa networks operating in Florida and elsewhere. They wanted to know what Biggs was “seeing on the ground.” Biggs did have information about Antifa in Florida and Antifa networks in other parts of the United States. He agreed to share the information. The three met for approximately two hours. After the meeting, Biggs stayed in touch with the agent who had called him originally to set up the meeting. He answered follow-up questions in a series of several phone calls over the next few weeks. They spoke often.

This is the same office where an FBI Agent, in August, refused to participate in the arrest of militia-associated men who planned to bring weapons to January 6. The agent then ran to Chuck Grassley and Ron Johnson, bitching, after his clearance was suspended because he didn’t like the way FBI was running domestic terrorism investigations.

The single FBI informant known to have been present on January 6 appears not to have told his handlers about a meeting he was at the night before where using violence was discussed. And so DOJ has given two members of the Kansas City Proud Boy cell who were with him — Ryan Ashlock and Louis Colon — unbelievably sweet plea deals, I suspect to sustain the rest of the cases against the Proud Boys.

Both Tarrio and Biggs have made specific requests for their own communications with law enforcement — in Tarrio’s case, he claims it is Brady material. That is, they plan to argue they couldn’t be guilty of plotting against the government because they’ve been so chummy with often right wing authoritarian cops in the past.

Notice one of the rogue FBI agents ran to two Republican congressmen.  We haven’t even begun to hear about the complicity of Republican elected officials in the January 6th insurrection, the fake electors scheme, and their relationships to militias and other kook cults.

The Tabby, Henri Rousseau
Original Title: Le Chat Tigre

Let’s dive into the Politico story.  These guys do scare me because think of how many angry white men basically decide to take out innocent women and children when they finally explode.  Elmer’s wife and kids have a right to be frightened.

Bertino, who previously testified to the Jan. 6 select committee, was involved in key conversations and chats with other members of the group, including national chair Enrique Tarrio and other leaders facing seditious conspiracy charges in the weeks before Jan. 6.

Tarrio is set to go on trial in December, along with Proud Boys Ethan Nordean, Joe Biggs, Zachary Rehl and Dominic Pezzola, who was the first member of the Jan. 6 mob to breach the Capitol when he shattered a Senate-wing window with a police riot shield.

Prosecutors say Tarrio and his allies developed a plan to besiege the Capitol, relying on — and in fact organizing and spurring on — members of the mob to help break through police lines and get inside the Capitol. It was part of an effort that prosecutors say was intended to disrupt the peaceful transfer of presidential power.

Kelly accepted Bertino’s plea after asking Bertino a series of standard questions to ensure, under oath, that Bertino entered it voluntarily and without being threatened or coerced.

The seditious conspiracy charges against the Proud Boys leaders are the gravest leveled by the Justice Department against any of the more than 850 defendants charged in connection with the Jan. 6 attack on the Capitol.

Bertino was briefly featured during video testimony aired by the Jan. 6 select committee during its first public hearing in June. He described a surge in Proud Boys membership after then-President Donald Trump urged the group to “stand back and stand by” during a debate against Joe Biden.

“Would you say that Proud Boys numbers increased after the stand back, stand by comment?” an investigator asked.

“Exponentially. I’d say tripled probably,” Bertino replied.

Several leaders of the far-right Oath Keepers, including founder Stewart Rhodes, are currently on trial for seditious conspiracy as well, just down the hall from where Bertino entered his plea. Prosecutors say they spent the weeks after Election Day fomenting an “armed rebellion” against the government and seizing on the opportunity created by the Jan. 6 mob to disrupt the transfer of power.

Head of a Dog, Edouard Manet,1876

These cases are very interesting.  As I said, I’m looking forward to listening to Maddow’s podcast.  I was a history major at university, and I’d never heard this story.  I hope we can get some insight into what happens as we move deeper into holding Trump and his droogies accountable.

Don’t forget!  Trump asked the Supreme Court to intervene in his documents case, which is sitting on Uncle Clarence Thomas’ desk.  What do you want to bet Ginnie’s fingerprints are all over it now?  Is it a Trump stall play?  A Hail Mary? All I know is the Supreme Court and Judge Loose Cannon have gone to the dogs now.

What’s on your reading and blogging list today?


Thursday Reads: Latest on the Stolen Government Docs and Other News

Georgia O'Keeffe, Autumn Trees

Georgia O’Keeffe, Autumn Trees

Good Morning!!

I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.

Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.

Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.

…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.

Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.

In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.

Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.

In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”

Oz also opposes abortion, so he doesn’t have a problem with women dying either.

There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.

Pierre Bonnard, Autumn View, 1912

Pierre Bonnard, Autumn View, 1912

Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.

A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.

The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.

The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.

“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.

No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.

The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.

Read more at the link.

A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.

I can’t access her story, but here is an analysis from Philip Bump at The Washington Post: What the FBI took from Trump, according to an accidentally unsealed list.

The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.

Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.

Read the document descriptions at the WaPo.

Edvard Munch, Elm Forest in Autumn

Edvard Munch, Elm Forest in Autumn

This is from Emptywheel yesterday: Judge Aileen Cannon Treated a Public Letter About Trump’s Health As More Sensitive Than America’s National Security.

As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.

And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)

Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.

Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.

The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.

Not only was it publicly released over six years ago, but details of medicines left off the report and Trump’s role in dictating an earlier version of the letter were widely reported in 2017.

Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.

She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.

Read more at the link.

Jason Leopold and Jack Gillum at Bloomberg on who packed the boxes Trump sent to Mar-a-Lago: Trump Says US Agency Packed Top-Secret Documents. These Emails Suggest Otherwise.

Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.

Autumn in Bavaria, Wassily Kandinsky, 1908

Autumn in Bavaria, Wassily Kandinsky, 1908

But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.

One thing is clear: The boxes were packed when the movers got there.

While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.

After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.

Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.

More News, Links Only:

NBC News: FBI arrests pastor who wore his company jacket on Jan. 6 and pushed into police line.

David Wasserman at the Cook Political Report: House Rating Changes: Ten Races Shift, Mostly Towards Democrats.

NBC News: Cheney warns Arizona voters that the GOP nominees for governor and secretary of state are threats to democracy.

Politico: Abortion ‘has given Democrats a second look’ from GOP-leaning women.

The Washington Post: 14-year-old’s arthritis meds denied after Ariz. abortion ban, doctor says.

Roger Sollenberger at The Daily Beast: She Had an Abortion With Herschel Walker. She Also Had a Child With Him.

Secret Service news from Carol Leonnig at The Washington Post: VP was in car accident; Secret Service first called it ‘mechanical failure’

Timothy Snyder: How does the Russo-Ukrainian War end?

Financial Times: Vladimir Putin’s botched mobilisation triggers blame game in Russia.

That’s all I have for you today. What stories are you following?


Tuesday Reads

Mr Toad in The Wind in the Willows Inga Moore

Mr Toad in The Wind in the Willows, illustration by Inga Moore

Good Afternoon!!

My posts are getting later and later. I look around at what’s happening in the world on my blogging days and somehow it takes me a long time to get going. Maybe it’s just because I’m getting old, or maybe it’s because I’m traumatized by seven years of reading about Trump and the horrors he has inflicted on our country–or maybe both. I don’t know why I ever thought he would go away once he was out of office. Back when he was ranting on Twitter all the time, I used to wish he would go away and leave us alone. Now I realize he will never go away until he dies, and even then we’ll be reading about the damage he has done–if we survive as a country with freedom of speech and press, that is.

The latest on Trump’s legal problems and crimes

The Washington Post: Trump’s lawyer refused his request in February to say all documents returned.

Former president Donald Trump asked one of his lawyers to tell the National Archives and Records Administration in early 2022 that Trump had returned all materials requested by the agency, but the lawyer declined because he was not sure the statement was true, according to people familiar with the matter.

As it turned out, thousands more government documents — including some highly classified secrets — remained at Trump’s Mar-a-Lago residence and private club….

Alex Cannon, an attorney for Trump, had facilitated the January transfer of 15 boxes of presidential records from Mar-a-Lago to the National Archives, after archives officials agitated for more than a year to get “all original presidential records” back, which they are required by law to do. Following months of stonewalling by Trump’s representatives, archives officials threatened to get the Justice Department or Congress involved.

Trump himself eventually packed the boxes that were returned in January, people familiar with the matter said. The former president seemed determined in February to declare that all material sought by the archives had been handed over, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss internal conversations.

Around the same time The Washington Post reported that the archives had retrieved documents from Mar-a-Lago, the people said, Trump asked his team to release a statement he had dictated. The statement said Trump had returned “everything” the archives had requested. Trump asked Cannon to send a similar message to archives officials, the people said. In addition, the former president told his aides that the documents in the boxes were “newspaper clippings” and not relevant to the archives, two of these people said, and complained that the agency charged with tracking government records was being persnickety about securing the materials from his Florida club.

But Cannon, a former Trump Organization lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the archives all the requested material had been returned. He told others he was not sure if other documents were still at the club and would be uncomfortable making such a claim, the people familiar with the matter said. Other Trump advisers also encouraged Cannon not to make such a definitive statement, people familiar with the matter said.

The Feb. 7 statement Trump dictated was never released over concerns by some of his team that it was not accurate, people familiar with the matter said. A different statement issued three days later said Trump had given boxes of materials to the archives in a “friendly” manner. It did not say that all of the materials were handed over.

So Cannon will be another witness against Trump if he’s ever brought to trial. There’s much more at the WaPo link.

bilbo_comes_to_the_huts_of_the_raft-elves__the_tolkien_estate_limited_1937

Bilbo comes to the huts of the raft elves, by JRR Tolkien

From J. Michael Luttig at The Atlantic on the upcoming SCOTUS case based on Trump’s efforts to get Republican state legislators to create fake sets of electors in order to overturn his 2020 election loss: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory.

The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.

In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections and to appoint state electors who quadrennially cast the votes for president and vice president on behalf of the voters of the states. It would mean that the partisan gerrymandering of congressional districts by state legislatures would not be reviewable by the state courts—including the states’ highest court—under their state constitutions.

The independent-state-legislature theory gained traction as the centerpiece of President Donald Trump’s effort to overturn the 2020 presidential election. In the Supreme Court, allies of the former president argued that the theory, as applied to the electors clause, enabled the state legislatures to appoint electors who would cast their votes for the former president, even though the lawfully certified electors were bound by state law to cast their votes for Joe Biden because he won the popular vote in those states. The Supreme Court declined to decide the question in December 2020. The former president and his allies continued thereafter to urge the state legislatures, and even self-appointed Trump supporters, to transmit to Congress alternative, uncertified electoral slates to be counted by Congress on January 6.

That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling. There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.

To the extent that advocates of the independent-state-legislature theory have any evidence at all to support the theory, it is exceedingly thin. Their textual argument is that the total disempowerment of state courts necessarily follows from the fact that the elections clause empowers the state legislatures to prescribe the “manner” of holding congressional elections.

But there is neither more nor less significance to the fact that the Constitution assigns this quintessential legislative power to the state legislatures than that the Constitution assigns federal lawmaking to Congress, rather than to the executive or the judiciary. And yet, the Constitution provides for judicial review of the actions of both.

It’s long, of course, so read the rest at The Atlantic if you’re so inclined.

And then there’s Trump’s mentor, Putin. Will he ever go away?

This is by Walter Russell Mead at The Wall Street Journal–I didn’t encounter a paywall: Putin’s Nuclear Threat Is Real. The conflict isn’t only about Ukraine. He’s waging a global war on the U.S.-led order.

Even as poorly trained, poorly led and poorly supplied Russian forces retreat on the battlefield, the danger that the war in Ukraine will erupt into a wider conflict continues to grow. Vladimir Putin has responded to the weakening of his military position by “annexing” four contested regions inside Ukraine, declaring that the conflict in Ukraine is a war for the survival of Russia, and raising the specter of a nuclear strike. The West is taking note of these moves and the sabotage of Baltic pipelines connecting European consumers to Russian gas. National security adviser Jake Sullivan has warned Russia that any use of nuclear weapons would have catastrophic consequences for Russian forces, and Jens Stoltenberg, secretary general of the North Atlantic Treaty Organization, repeated that message Sunday morning.

Inga Moore, The Secret Garden

Inga Moore, The Secret Garden

As the Biden administration scrambles to manage the most dangerous international confrontation since the 1962 Cuban Missile Crisis, it must see the world through Mr. Putin’s eyes. Only then can officials know how seriously to take the nuclear saber-rattling and develop an appropriate response.

While American presidents going back to George W. Bush have failed to appreciate the depth and passion of Mr. Putin’s hostility to the U.S., the Russian president isn’t that hard to read. Like a movie supervillain who can’t resist sharing the details of his plans for world conquest with the captured hero, Mr. Putin makes no secret of his agenda. At Friday’s ceremony marking Russia’s illegal and invalid “annexation” of four Ukrainian regions, he laid out his worldview and ambitions in a chilling and extraordinary speech that every American policy maker should read.

Mr. Putin sees global politics today as a struggle between a rapacious and domineering West and the rest of the world bent on resisting our arrogance and exploitation. The West is cynical and hypocritical, and its professed devotion to “liberal values” is a sham. The West is not a coalition of equals; it represents the domination of the “evil Anglo-Saxons” over the Europeans and Japan. Mr. Putin sees this American-led world system as the successor to the British Empire, and he blames the Anglo-Saxon or English-speaking powers for a host of evils, from the Atlantic slave trade to European imperialism to the use of nuclear weapons in World War II.

This attack on “Anglo-Saxon” greed, brutality and hypocrisy is not original to Mr. Putin. He is reading from a script developed by opponents of British and American liberal capitalism and geopolitical power over hundreds of years. Napoleon could have delivered large swathes of this speech. Very different figures such as Kaiser Wilhelm II, Adolf Hitler as well as Joseph Stalin, Imperial Japanese leaders like Hideki Tojo, Iran’s Ayatollah Ruhollah Khomeini and Osama bin Laden shared much of Mr. Putin’s critique. One can hear versions of it on many college campuses, and it plays a significant role in the intellectual and cultural life of many postcolonial countries and movements around the world.

Again, this is a long read, so I hope you will also be able to do so without hitting a paywall. If it helps, I clicked on a link from Memeorandum.

The latest Ukraine news from The Washington Post: Ukraine hammers Russian forces into retreat on east and south fronts.

Ukrainian troops on Tuesday accelerated their military advances on two fronts, pushing Russian forces into retreat in the Donetsk and Luhansk regions to the east and Kherson region to the south.

The gains showed Kyiv continuing to recapture occupied territory on the same day that President Vladimir Putin and his rubber-stamp parliament sought to formalize their increasingly far-fetched annexation claims of four Ukrainian regions.

“The Ukrainian armed forces commanders in the south and east are throwing problems at the Russian chain of command faster than the Russians can effectively respond,” said a Western official who requested anonymity to brief reporters about sensitive security information. “And this is compounding the existing dysfunction within the Russian invasion force.”

Ukraine has been pushing to take back as much of its occupied territory as it can before Russia potentially sends hundreds of thousands of reinforcements to the battlefield, following a recent mobilization effort.

the-story-of-doctor-dolittle, illustrated by Angel Dominguezr

The Story of Dr. Dolittle, illustrated by Angel Dominguez

The Ukrainian counteroffensive, which had moved far more slowly in the south compared to the lightning push through the northeast Kharkiv region in September, has suddenly picked up speed, with Russian units retreating in recent days from a large swath of territory along the west bank of the Dnieper River.

Ukrainian forces pushed ahead dozens of miles into the southern Kherson region, liberating towns and villages and recreating scenes from mid-September when they swept into Kharkiv and were greeted by joyful residents who had spent many months under Russian occupation.

On Monday, the spokesperson for the Russian Defense Ministry acknowledged that “superior tank units” of Ukraine had “wedged in the depth of our defense line” near the villages of Zolota Balka and Oleksandrivka in the Kherson region.

Read the rest at the WaPo.

Yesterday was day one of the Oath Keepers seditious conspiracy trial:

CNN: Takeaways from the dramatic first day and opening statements of the Oath Keepers trial.

With the historic case that they had brought against Oath Keepers accused of plotting to attack the US Capitol on January 6, 2021, prosecutors framed up how the jury should think about the allegations with an hour-plus opening statement that kicked off the trial in earnest.

Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.

The Justice Department’s opening statement featured messages and other communications among the defendants that prosecutors say show the Oath Keepers’ unlawful plotting to disrupt Congress’ certification of President Joe Biden’s electoral win. As the prosecutors sought to use the words of the defendants against them, they also played video capturing the Oath Keepers’ actions in the Capitol and displayed maps and charts to help the jury follow along. Each juror has their own screen to see evidence.

“They said out loud and in writing what they planned to do,” Jeffrey Nestler, an assistant US Attorney, told the jury. “When the opportunity finally presented itself … they sprang into action.”

A lawyer for Rhodes, the first defense attorney to deliver an opening statement told the jurors that they will see evidence that will show that the defendants “had no part in the bulk” of the violence that occurred on January 6.

“You may not like what you see and hear our defendants did,” attorney Phillip Linder said, “but the evidence will show that they didn’t do anything illegal that day.”

That’s the introduction to the story. Read the takeaways at CNN. Again, it’s a long read.

The Washington Post: U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6.

Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” — the peaceful transfer of presidential power — culminating in their role in the attack on the U.S. Capitol, a prosecutor told a jury Monday in the firstseditious conspiracy trialof the sprawling Jan. 6 investigation.

Rhodes and four co-defendants that day staged an “arsenal” of firearms in nearby Virginia and several forcibly breached the Capitol with a mob to prevent Congress from confirming President Biden’s 2020 election victory, thwarting the will of U.S. voters and elected representatives, Assistant U.S. Attorney Jeffrey Nestler said during opening statements in federal court.

where-the-wild-things-are Maurice Sendak

Where the Wild Things Are, Maurice Sendak

“That was their goal — to stop by whatever means necessary the lawful transfer of presidential power, including by taking up arms against the United States government,” Nestler said. Descending on Washington “to attack not just the Capitol, not just Congress, not just our government — but our country itself.”

Rhodes’s defense decried the prosecution as “government mischaracterization and government overreach.” Oath Keepers came to Washington as “peacekeeping” security guards who “had no part in the bulk of the violence that occurred on January 6th,” attorney Phillip Linder said, believing that President Donald Trump could invoke the Insurrection Act to mobilize private militias, put down riots and remain in power.

“That is why he did what he did,” Linder said, adding that Rhodes would testify in his own defense. “You’re going to hear from Stewart Rhodes himself about who he is, about the Oath Keepers, what their role is and what their role was on January 6th.”

The clashing views of democracy, patriotism and violence at the seat of the U.S. government during the handoff from Trump to Biden played out in the most-anticipated trial to arise from the Jan. 6. 2021, Capitol siege. Held at a federal courthouse blocks from the Capitol where events unfolded 21 months ago, the trial of Rhodes — a former Army paratrooper and Yale Law graduate who has become one of the most visible figures of the far-right anti-government movement — poses a major legal and political test of the Biden administration’s pledge to combat domestic terrorism, as well as the law and the courts.

Read more at the WaPo.

Yes, there’s a lot going on and I haven’t even touched on the reporting on the midterm races. What are your thoughts, and what stories are of most interest to you today?