Lazy Caturday Reads

Bazon, the artist’s cat, by Odilon Redon

Happy Caturday!!

Donald Trump has now been indicted three times, and there could be a fourth indictment coming soon in Georgia. Trump was arraigned for his conspiracies to overturn the 2020 election on Thursday.

At the end of that hearing, U.S. Magistrate Judge Moxila Upadhyaya warned him not to commit further crimes by attempting to influence witnesses with threats or bribes.

Trump swore he would follow instructions, but a little later he reneged.

One day later, Trump issued a threat on Truth Social, writing in all-caps ““IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

From Joyce Vance at Civil Discourse: “If you go after me…”

Today, Donald Trump issued what can only be construed as a shot across the bow, after the Magistrate Judge Moxila Upadhyaya admonished him during arraignment yesterday that he must not commit any new crimes while on a pre-trial bond—the thing that’s keeping him out of jail before trial—and that efforts to influence or intimidate witnesses, jurors or others involved in the case were illegal….

It couldn’t be more clear that this is a threat to Jack Smith and the prosecutors and investigators involved in the case against him. It’s readily construed as a threat against state court prosecutors like Alvin Bragg in New York and Fani Willis in Georgia and could even be seen as a threat to people like E. Jean Carroll who have the temerity to hold him accountable for civil misconduct.

That’s a threat, made by a defendant in a criminal case, after being warned by a judge that there were consequences for violating conditions of release. Trump may think he can be cute and deny it if confronted. Maybe he’ll use his usual line: it’s just a joke. But we can all see it for what it is.

Girl with Cat, by Berthe Morisot, 1892

The special counsel’s office alerted the Judge to the post tonight, as part of its motion seeking a protective order for the discovery materials it will be releasing to Trump in the case.The government wants assurances, in the form of a protective order, that Trump won’t make the discovery materials public.

There is good reason for this. Some of the discovery contains personal identifying information for witnesses. If publicly disclosed, that could put them at risk of doxxing, identity theft or other harm. There is also grand jury testimony from witnesses, who might be put at risk if they find themselves suddenly in the public spotlight. As the government explains in its motion, “If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”

Prosecutors haven’t asked the court, at least not yet, to revoke Trump’s bond. That, of course, would be a step that would trigger prolonged litigation and possibly delay the trial. That seems to be the one thing Jack Smith is trying to avoid at all costs. He has made strategic decisions, for instance, only indicting Trump and leaving the co-conspirators unindicted, that streamline the process. He clearly wants his trial before the election.

Trump continued his threatening behavior during a speech in Alabama last night.

Alander Rocha at the Alabama Reflector (via MSN.com): Trump lashes out at prosecutors, Biden and DeSantis in Alabama speech.

Former President Donald Trump said in a speech in Montgomery Friday night that he wears his recent indictment on charges of attempting to subvert the 2020 presidential election as “a badge of honor.”

In a nearly-hourlong speech at a fundraising dinner for the Alabama Republican Party, Trump attacked Florida Gov. Ron DeSantis, his rival for the Republican nomination for president and President Joe Biden, who he accused of using the Department of Justice as a political weapon.

“They want to take away my freedom because I will never let them take away your freedoms. They want to silence me because I will never let them silence you,” Trump said.

Raminou, 1922, by Suzanne Valadon

The speech was the former president’s first extended public remarks since a federal grand jury Tuesday indicted the former president on four counts, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct, an official proceeding; and conspiracy against rights….

In his speech Friday, Trump called U.S. Department of Justice Special Counsel Jack Smith, who brought the indictment, “deranged.” At times he called prosecutors “communists” and “corrupt Marxist prosecutors.” He called the indictment “fake charges” that are an “outrageous criminalization of political speech,” even as he suggested it would help his presidential campaign.

“This is a ridiculous indictment against us — it’s not a legal case. It’s an act of desperation by a failed and disgraced crooked Joe Biden and his radical left thugs,” Trump said.

Trump also repeated election lies and claimed that Biden rigged the election in 2020 and suggested that the current president will interfere with the next election.

Also last night, federal prosecutors in the case called the judge’s attention to Trump’s threatening social media post and requested a protective order. Kyle Cheney and Josh Gerstein at Politico: Feds alert judge to Trump’s ‘If you go after me, I’m coming after you!’ post.

Prosecutors on Friday night called a judge’s attention to a social media post from Donald Trump — issued hours earlier — in which they say the former president appeared to declare that he’s “coming after” those he sees as responsible for the series of formidable legal challenges he is facing.

Attorneys from special counsel Jack Smith’s team said the post from Trump “specifically or by implication” referenced those involved in his criminal case for seeking to subvert the 2020 election.

In a court filing just before 10 p.m. Friday, Senior Assistant Special Counsels Molly Gaston and Thomas Windom alerted the judge in Trump’s latest criminal case — U.S. District Court Judge Tanya Chutkan — to a combative post Trump sent earlier in the day.

“If you go after me, I’m coming after you!” Trump wrote in all caps Friday afternoon on Truth Social, which is run by a media company he co-owns.

Cat with her Kittens (1913) by Julius Adam

The prosecutors said Trump’s post raised concerns that he might improperly share evidence in the case on his social media account and they urged that he be ordered to keep any evidence prosecutors turn over to his defense team from public view.

“All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public,” Gaston and Windom wrote. “Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him. … And in recent days, regarding this case, the defendant has issued multiple posts—either specifically or by implication—including the following, which the defendant posted just hours ago.”

Smith’s office has not sought a gag order in either of the criminal cases it is pursuing against Trump: one in Florida focused on his retention of classified documents and the other in Washington over his efforts to interfere with the certification of the 2020 presidential election. The filing Friday night does not make any request to bar Trump or his attorneys from discussing the D.C. case publicly or with the media.

However, prosecutors in that case have indicated they’re prepared to share a “substantial“ volume of evidence with Trump as soon as Chutkan approves an order governing the handling of evidence. Chutkan is slated to bring attorneys for both sides to court on Aug. 28 to discuss setting a trial date. It’s unclear if Trump’s post will prompt her to seek more immediate efforts to implement a protective order or to impose a gag order, which can be issued under D.C. federal court rules.

https://twitter.com/BrianKarem/status/1687685417154342912?s=20

The Judge in the January 6 case, Tanya Chutken has ordered Trump to respond to the prosecutors’ request for a protective order:

Of the historic day when a former president was charged with serious crimes against the United States, CNN’s Stephen Collinson wrote this analysis: Trump’s surreal arraignment day in Washington augurs ominous days ahead.

As former President Donald Trump left Washington after answering charges of trying to subvert democracy, it felt like all the previous trauma and divisions of his eight-year journey into the nation’s psyche were just the start.

America now faces the prospect of an ex-president repeatedly going on trial in an election year in which he’s the Republican front-runner and is promising a new White House term of retribution. He is responding with the same kind of extreme rhetoric that injected fury into his political base and erupted into violence after the last election. Ominous and tense days may be ahead….

The entire day was surreal, but given its historic implications – after Trump became the first ex-president formally charged in relation to alleged crimes committed in office – also sad.

Thursday was a day when the country crossed a point of no return. For the first time, the United States formally charged one of its past leaders with trying to subvert its core political system and values.

It was Trump who forced the country over this dangerous threshold. A man whose life’s creed is to never be seen as a loser refused to accept defeat in a democratic election in 2020, then set off on a disastrous course because, as Smith’s indictment put it, “he was determined to stay in power.”

Trump is steering a stormy course to an unknown destination. If he wins back the White House, the already twice-impeached new president could trigger a new constitutional crisis by sweeping away the federal cases against him or even by pardoning himself. Any alternative Republican president could find themselves besieged by demands from Trump supporters for a pardon that, if granted, could overshadow their entire presidency. And if Trump is convicted, and loses a 2024 general election, he risks a long jail term, which would likely become fuel for him to incite his supporters to fresh protest.

Conservative legal scholar J. Michael Luttig tweeted after Trump’s latest indictment on Tuesday that it was a day made “all the more tragic and regrettable because the former president has cynically chosen to inflict this embarrassing spectacle on the Nation – and spectacle it will be.” Luttig warned that the world would no longer consider American democracy to be the same inspiration as it has been for almost 250 years.

Read the rest at CNN.

At The New York Times, Charlie Savage writes: How Jack Smith Structured the Trump Election Indictment to Reduce Risks.

In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict.

“Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence, so that if on appeal you lose one, you still have the conviction,” said Julie O’Sullivan, a Georgetown University law professor and former federal prosecutor.

Study of Cats Flowers and Woman-1910-14, by Odilon-Redon

That structure in the indictment is only one of several strategic choices by Mr. Smith — including what facts and potential charges he chose to include or omit — that may foreshadow and shape how an eventual trial of Mr. Trump will play out.

The four charges rely on three criminal statutes: a count of conspiring to defraud the government, another of conspiring to disenfranchise voters, and two counts related to corruptly obstructing a congressional proceeding. Applying each to Mr. Trump’s actions raises various complexities, according to a range of criminal law experts.

At the same time, the indictment hints at how Mr. Smith is trying to sidestep legal pitfalls and potential defenses. He began with an unusual preamble that reads like an opening statement at trial, acknowledging that Mr. Trump had a right to challenge the election results in court and even to lie about them, but drawing a distinction with the defendant’s pursuit of “unlawful means of discounting legitimate votes and subverting the election results.”

While the indictment is sprawling in laying out a case against Mr. Trump, it brings a selective lens on the multifaceted efforts by the former president and his associates to overturn the 2020 election.

“The strength of the indictment is that it is very narrowly written,” said Ronald S. Sullivan Jr., a Harvard Law School professor and former public defender. “The government is not attempting to prove too much, but rather it went for low-hanging fruit.”

For one, Mr. Smith said little about the violent events of Jan. 6, leaving out vast amounts of evidence in the report by a House committee that separately investigated the matter. He focused more on a brazen plan to recruit false slates of electors from swing states and a pressure campaign on Vice President Mike Pence to block the congressional certification of Joseph R. Biden Jr.’s victory.

Read the rest at the NYT. It’s interesting, and Savage is a serious writer–not a both-sideser.

One more by neuroscientist Seth Norrholm at Raw Story: A neuroscientist warns: We’re watching the largest and most dangerous ‘cult’ in American history.

I was dying…It was just a matter of time. Lying behind the wheel of the airplane, bleeding out of the right side of my devastated body, I waited for the rapid shooting to stop.

—Former Representative Jackie Speier in her memoir Undaunted: Surviving Jonestown, Summoning Courage, and Fighting Back recounting her experience after being shot five times during an ambush during her fact-finding visit to Jonestown, Guyana where Jim Jones and his cult, Peoples Temple, had built a compound.

It, combined with everything else that was going on, made it difficult to breathe…Being crushed by the shield and the people behind it … leaving me defenseless, injured.

—Metropolitan police officer, Daniel Hodges, describing being crushed in a doorway during the January 6, 2021, attack by Trump supporters on the U.S. Capitol.

Horatio Henry Couldery, Curiosity

In both of the examples above, the individual speaking was the victim of extreme violence perpetrated by followers of a single person whose influence had spread to hundreds of people (in the January 6th case, thousands of people). In fact, Speier’s experience with the Jim Jones followers was part of the single greatest loss of American life (918 people) prior to 9/11/2001. These followings have been given an umbrella name, cult, and have involved what has been traditionally called “brainwashing.” The cult leader receives seemingly undying support as the Dear Leader or Savior. However, the term brainwashing suggests that indoctrinated members are robots without free will – behavioral scientists argue that this is not the case. It’s an oversimplification.

Rather than being seen as passive victims to an irresistible force, psychiatrist Robert Lifton argues that there is “voluntary self-surrender” in one’s entrance into a cult. Further, the decision to give up control as part of the cult process may actually be part of the reason why people join. Research and experience tell us that those who are “cult vulnerable” may have a sense of confusion or separation from society or seek the same sort of highly controlled environment that was part of their childhood. It has also been suggested that those who are at risk for cult membership feel an enormous lack of control in the face of uncertainty (i.e., economic, occupational, academic, social, familial) and will gravitate more towards a cult as their distress increases. I would argue that many of these factors are at play when we see the ongoing support of Trumpism and MAGA “theology.”

Psychologist Leon Festinger described the phenomenon of cognitive dissonance in which there is a disconnect between one’s feelings, beliefs, and convictions and their observable actions. This dissonance is distressing and, in order to relieve the anxiety, people may become more invested in the cult or belief system that goes against who they are individually. As such, cult members become more “dug-in” and will cling to thoughts and beliefs that contradict available evidence. In other words, they are no longer able to find a middle ground or compromise.

Norrholm argues that the Trump cult has changed our politics drastically–that there is no longer a “middle ground” between Republicans and Democrats/Independents.

Although members of the GOP still refer to themselves as a political party with principled stances, the reality is they have now morphed into a domestic terror organization and to use the umbrella term, a cult – the largest and most dangerous cult in American history.

Cult thinking includes ardent adherence to group thinking such as – clinically speaking, in the face of distorted thinking we ask about one’s strength of conviction by querying, ”Can you think of other ways of seeing this?” Sadly, what we are seeing publicly is ‘No’ from those who still subscribe to Trumpism/MAGA.

Read the rest at Raw Story. Norrholm really knows what he’s talking about.

What is happening in this country is really frightening, but I continue to believe that we will get through this somehow.