Instead, the speaker and his team will scramble this weekend to slash their own party’s spending bills in an effort to placate a handful of hard-liners who are threatening to eject him. Votes on some of those revised bills are now expected on Tuesday, four days before the Sept. 30 shutdown deadline. But even if they pass, that will move Congress no closer to a solution.
Finally Friday Reads: Rest in Power Senator Feinstein
Posted: September 29, 2023 Filed under: U.S. Politics | Tags: Chaos Caucus, Dianne Feinstein, SCOTUS 6 Comments
Good Day, Sky Dancers!
Today’s top headline is about a woman who was central in the fight for human rights. “Senator Dianne Feinstein, an ‘icon for women in politics,’ dies at 90. Her career was filled with firsts: first woman mayor of SF and one of the first women elected to the U.S. Senate from California.” This is from the San Francisco ABC affiliate. As you can read anywhere, her legacy of legislation and activity for civil rights for all is legendary.
Feinstein’s first foray into politics came in 1960 when then-Gov. Pat Brown appointed her to the California Women’s Parole Board. But it was in 1969, at the age of 35, that Feinstein first held public office, winning a seat on the San Francisco Board of Supervisors.
Former San Francisco Mayor Willie Brown was in the state Senate at the time. He recalled meeting Feinstein during those years.
“I remember that I was trying to get a house here in San Francisco, when they wouldn’t allow Black people easily to get houses,” he said. “And there was a demonstration and this angular tall, great looking white woman pushing a baby stroller with a little kid in it, who nobody knew anything about, came out to participate in the protest. That was Dianne Feinstein! And it was that long ago, and so I am a great admirer.”
In the 1970s, while serving as the first female president of the Board of Supervisors, Feinstein ran twice for mayor, but lost. She had decided to not run again, when tragedy struck the city.
The tragic assassination of San Francisco Mayor George Moscone by Supervisor Dan White in 1978 put Feinstein in the job. In 1979, Feinstein won her first full term as mayor and began reshaping the city.
During the decade she served, she survived a recall attempt, lead mostly by detractors of her proposal to ban handguns in San Francisco. She oversaw the remaking of the city’s skyline, which some decried as the Manhattan-ization of San Francisco, also oversaw a raucous 1984 Democratic National Convention and saved the city’s cable car system.
“The cable cars still running!” Brown exclaimed. “Cause of Dianne.”
Feinstein rose to power as a crisis gripped the city’s gay community. A disease that would later be called AIDS, killed thousands of gay men. Hoping to save lives, Feinstein ordered the city’s bathhouses closed. A risky move, considering the political power of the gay community at the time.
Under her watch, the city’s health department created the global standard for AIDS healthcare at San Francisco General Hospital. In 1990, Feinstein set her sights on a higher office, running for California governor. She lost to Republican Pete Wilson, but still made history again as the first woman in the state to win a major party’s gubernatorial nomination. Then, in 1992, there was a turning point.
During what was dubbed the “Year of the Woman,” Feinstein was elected to the U.S. Senate, alongside Bay Area Congresswoman Barbara Boxer.
In Congress, Feinstein served as the first woman to chair the Senate Rules Committee and the Senate Intelligence Committee. She authored the 1994 Federal Assault Weapons Ban, leading to a 10 year restriction on certain semi-automatic weapons. The legislation was prompted by the 101 California Street shooting, when a gunman opened fire at a law firm in San Francisco’s financial district, killing eight people.
“I worked with Republican and Democrats alike,” said Feinstein in an interview with CSPAN. “Ten Republicans along with 46 Democrats voted in favor of the amendment.”
Brown adds, “Dianne Feinstein is the only member of Congress either on the Congressional side or on the Senate side who’s ever been able to get a controlled weapons ban signed into law. Dianne got that.”
In 2014, Feinstein released a report revealing how the CIA was detaining and interrogating potential terrorists, sometimes torturing the suspects. The release of the report, led to anti-torture legislation.
“This program was morally, legally and administratively misguided,” she said in an interview with CSPAN. “This nation should never again engage in these tactics.”
Feinstein’s legislative legacy also includes:
- Creating federal coordination of Amber Alerts, the national child abduction warning system
- Passing the California Desert Protection Act, which protected millions of acres of California desert and created the Death Valley and Joshua Tree national parks
- Reauthorizing the Violence Against Women Act, to protect women from domestic violence and sexual assault
- Authoring the 2022 Respect for Marriage Act, to enshrine marriage equality into federal law
In an interview with CSPAN she said, “Simply put, Americans should be free to marry the person they love regardless of sexual orientation or race.”
At times, Sen. Feinstein faced criticism from some in her own party.
She will be missed on many levels. The immediate impact is that Biden’s judicial appointments will be stalled. This is from Politico. “Feinstein’s death throws Senate judicial confirmations into new limbo. Filling the open seat on the Judiciary Committee requires at least 60 votes in the Senate, meaning it would require GOP support.”
Sen. Dianne Feinstein’s death at 90 creates a vacancy on the powerful Judiciary Committee. Democrats could need 60 votes to replace her, leaving controversial judicial nominees in limbo until then.
Senate Republicans are signaling they won’t try and block Feinstein’s committee seats from being filled. Back in April, Republicans blocked Democrats from appointing a temporary replacement for Feinstein as she was ailing with shingles and unable to return to Washington for months.
“Under the circumstances, it’s kind of follow whatever the precedent is,” Senate Minority Whip John Thune (R-S.D.) said Friday.
Typically when a seat is vacant there is no fight about allowing vacant committee seats to be filled. Committee appointments are often done by unanimous consent.
Rules of replacement: If any Republicans were to object to a UC request, Democrats would need 60 votes to appoint a senator to fill Feinstein’s role on the Judiciary panel, meaning at least 10 Republicans would need to vote in favor of filling Democrats’ majority on the panel, assuming they move to do so before someone is appointed to the California Senate seat.
Senators are typically assigned to committees by unanimous consent, but such orders are subject to debate and can be filibustered. Republican senators could slow, or stop, Democrats from filling the Judiciary roster.
The panel, under Democratic control, has been advancing scores of judicial nominations that Republicans object to. Leaving the panel short one Democratic vote would hamper the majority’s steady confirmation of President Joe Biden’s nominees.
In April, Majority Leader Chuck Schumer had chosen Maryland Democrat Ben Cardin, who has since announced his plans to retire at the end of this Congress and has been named Senate Foreign Relations chair. It’s unclear if Schumer would still pursue that resolution.
It also puts focus on the race for her replacement. “Feinstein’s Death Intensifies Fight for a Coveted California Senate Seat. Gov. Gavin Newsom has pledged to pick a Black woman to fill the seat, but has also said he would not choose any of the current Democrats running for Senate.” This is from the New York Times.
The death of Senator Dianne Feinstein, the California Democrat, immediately turns the spotlight to an intense, ongoing three-way battle to replace her, fraught with racial, political and generational tensions over one of the most coveted positions in California and national politics.
It also puts new pressure on Gov. Gavin Newsom, who will chose someone to fill her seat. Mr. Newsom, whose profile has risen in national Democratic politics in recent weeks as he has traveled the country on behalf of President Biden’s re-election campaign, had come under fire for announcing he would not pick any of the declared candidates in filling any vacancy, so as not to elevate them and give them an advantage.
Mr. Newsom had originally promised to pick a Black woman to fill the position if it opened up, and many Democrats thought he would turn to Representative Barbara Lee, a progressive. But Mr. Newsom said he would pick a caretaker senator instead. “I don’t want to get involved in the primary,” he said on NBC’s “Meet the Press.”
Ms. Lee denounced Mr. Newsom for that decision, calling it insulting.
The other leading Democratic candidates in the race for Ms. Feinstein’s seat are Representative Adam Schiff, a high-profile member of the congressional committee that investigated the Jan. 6, 2021, attack on the Capitol; Representative Katie Porter, a third-term California member of the House; and Ms. Ms. Lee.
There are no black women currently serving in the Senate. Many disturbing things are happening, including a First Amendment case heading to the Supreme Court. It used to be a relief to hear that some crazy law would be tossed out when it hit SCOTUS. It’s not the crazy laws that get tossed out by the current court, so each significant case brings new fears. This is from the Washington Post. “Landmark Texas, Florida social media cases added to Supreme Court term. The justices on Friday announced which cases they will add to their calendar for the term that begins on Monday.” We can only wonder how much billionaire bribes will influence this outcome.
The justices’ decision to take the landmark social media cases came in an order that alsoadded 10other cases to the calendar for the Supreme Court term that begins Monday. The additional cases concern the FBI’s “no-fly” list, individual property rights and the ability of criminal defendants to confront witnesses against them.
Earlier this year, the high court had said it would tackle controversial issues in the coming term involving gun regulations, voting rights and the power of federal agencies. Those cases will be heard as the justices face intense pressure from Democratic lawmakers to address ethics issues confronting some of their colleagues, including potential conflicts in some of the cases.
Tech industry groups, whose members include Facebook and Google’s YouTube, asked the court to block Texas and Florida laws passed in 2021 that regulate companies’content-moderation policies. The companies say the measures are unconstitutional and conflict with the First Amendment by stripping private companies of the right to choose what to publish on their platforms.
The court’s review of those laws will be the highest-profile examination to date of allegations that Silicon Valley companies are illegally censoring conservative viewpoints. Those accusations reached a fever pitch when Facebook, Twitter and other companies suspended President Donald Trump’s accounts in the wake of the Jan. 6, 2021, attack on the U.S. Capitol.
The justices’ ruling could have significant implications for the future of democracy and elections, as Americans increasingly rely on social media to read and discuss political news. It could also have wide-ranging effects for policymakers in Congress and statehouses around the country as they attempt to craft new laws governing social media and misinformation.
Tech industry groups, whose members include Facebook and Google’s YouTube, asked the court to block Texas and Florida laws passed in 2021 that regulate companies’content-moderation policies. The companies say the measures are unconstitutional and conflict with the First Amendment by stripping private companies of the right to choose what to publish on their platforms.
The court’s review of those laws will be the highest-profile examination to date of allegations that Silicon Valley companies are illegally censoring conservative viewpoints. Those accusations reached a fever pitch when Facebook, Twitter and other companies suspended President Donald Trump’s accounts in the wake of the Jan. 6, 2021, attack on the U.S. Capitol.
The justices’ ruling could have significant implications for the future of democracy and elections, as Americans increasingly rely on social media to read and discuss political news. It could also have wide-ranging effects for policymakers in Congress and statehouses around the country as they attempt to craft new laws governing social media and misinformation.
I’m not sure anyone can predict what the nation’s highest court will do with important decisions like this. One of the most serious things the Supreme Court will decide is whether laws that bar gun ownership to Domestic Violence perpetrators will be overturned in the vein of the gun lobby’s idea of the Second Amendment. This is from August and was published in Roll Call. “Lawmakers urge Supreme Court to keep domestic violence gun law. A lower court ruling jeopardizes decades of bipartisan efforts to protect some of the most vulnerable citizens, a brief argues.”
The Supreme Court could undermine decades of congressional efforts to prevent gun violence if they agree with a lower court decision that struck down a nearly 30-year-old gun control law, two groups of lawmakers told the justices.
The members of Congress filed briefs Monday in a case now at the high court that is seen as a test on the limits of a 2022 decision, New York State Rifle & Pistol Association v. Bruen, that expanded Second Amendment rights.
That decision kicked off a flood of litigation over firearms restrictions, changed the way federal judges evaluate the constitutionality of gun control laws. In some cases judges have struck them down. That includes a decision from the U.S. Court of Appeals for the 5th Circuit that tossed a federal restriction on firearm possession for people subject to domestic violence restraining orders.
The three-judge 5th Circuit panel wrote that the Bruen decision meant the court had to find specific historical laws to justify modern firearm restrictions — and no colonial-era law dealt with firearms of domestic abusers.
A brief from Sen. Amy Klobuchar, D-Minn., Rep. Brian Fitzpatrick, R-Pa., and Rep. Debbie Dingell, D-Mich., told the justices that upholding the 5th Circuit decision wipes out an effective tool to prevent domestic violence and “jeopardizes decades of bipartisan efforts to protect some of our country’s most vulnerable citizens.”
“The Court must not stymie further work by Congress in this crucial area of law and policy. It should reverse,” that brief states.
Congress has gathered evidence that shows survivors of domestic violence “are safer when abusers subject to restraining orders do not have unfettered access to deadly weapons,” the brief states. “This is, frankly, common sense. And nothing in the text or history of the Second Amendment says or requires otherwise.”
Another brief from Connecticut Sen. Richard Blumenthal, California Rep. Mike Thompson and 169 other Democrats in Congress argued that the 5th Circuit’s approach to evaluating gun laws would “unduly shackle Congress to the past, rendering it unable to develop innovative solutions for the benefit of the public.” The Democrats also argued that the 5th Circuit approach would let judges toss any gun law they thought didn’t have a specific enough analogue from the founding era and “allow courts to substitute their policy judgments for those of Congress.”
This term could have profound implications for public policy regarding public health. This includes easy access to guns and what kinds of misinformation on public health issues can be presented on social media outlets. It would be nice if we could get some campaign finance reform, too, but I doubt it would make it past Alito and Thomas, who love themselves some Dark Money. This should also be illegal. “Trump’s campaign machine is bleeding cash for legal expenses.” Why is it legal for campaigns to cover Trump’s lawers for his dalliances with fascism? Reuters is reporting this as breaking news.
Donald Trump’s political operation has helped pay the legal expenses of more than a dozen people contacted by prosecutors investigating the former president, tying up millions of dollars that otherwise could be used for his 2024 White House bid.
Reuters has identified 13 potential witnesses or co-defendants who were represented by law firms that received payments from a political group run by Trump, based on interviews and a review of court records and campaign finance disclosures. The payments were disclosed in campaign finance reports as general payments to law firms rather than specific payments to individuals.
Those law firms, which include Brand Woodward, Dhillon Law Group and Greenberg Traurig, received more than $2.1 million in the first six months of this year from Save America, a Trump group that is separate from his campaign but played a major role raising money to support him as the frontrunner for the 2024 Republican nomination.
The funds represent a significant chunk of the more than $21 million that Save America’s disclosures to the Federal Election Commission show it spent on legal expenses during that period, a sum that could grow substantially if the group keeps paying legal expenses that are expected to balloon in the coming year.
Some legal experts say campaign finance rules appear to allow Save America’s spending on legal bills involving Trump because the group is registered as a “leadership committee,” which faces few restrictions on spending. Others say, however, that prosecutors may scrutinize the payments for signs of any effort to influence witness testimony.
Four lawyers and legal experts consulted by Reuters said Trump’s defense in four criminal prosecutions could cost over $50 million, more than all the money raised in the first half of this year by Trump’s campaign and its top allied super PAC, Make America Great Again Inc, known as MAGA Inc
WASHINGTON, DC – DECEMBER 6: Ranking member Sen. Dianne Feinstein (D-CA) arrives for a Senate Judiciary Committee hearing concerning firearm accessory regulation and enforcing federal and state reporting to the National Instant Criminal Background Check System (NICS) on Capitol Hill, December 6, 2017 in Washington, DC. (Photo by Drew Angerer/Getty Images)
The world is still watching the chaos in the US House of Representatives. There’s a lot of political gossip on this topic today. But I’ll stick with this from the New York Times. “With a Shutdown in View, McCarthy Plays a Weak Hand. The G.O.P. speaker, whose style is to placate his detractors, does not have the Republican votes to keep the government open. He is calling the vote anyway.” This report is by Annie Karni.
When Representative Kevin McCarthy was short the votes he needed to become speaker in January, he didn’t browbeat his far-right Republican detractors or threaten retribution. Instead, he granted them major concessions, subjecting himself to a long, humiliating slog to win them over.
Mr. McCarthy is now facing a near-certain government shutdown and a possible move by the same faction to oust him from his post if he moves to head off the crisis. And he is turning to the same people-pleasing script, seeking to mollify a faction of his conference he privately scorns.
He has once again caved to the demands of far-right lawmakers, opening an impeachment inquiry into President Biden and then agreeing to slash government spending to levels they clamored for. When that was not enough, Mr. McCarthy pushed aside a stopgap spending bill to avert a government shutdown. Instead, he bowed to the right flank’s insistence on first bringing up a series of individual yearlong spending bills loaded up with arch-conservative policy dictates — even though none had a chance of enactment.
Democrats have criticized him as the weakest speaker in history. Hard-right members continue to demand more. But members of Mr. McCarthy’s inner circle — a coterie of mostly traditional Republicans who are deeply conservative but share little in common with the hard right — argue that the speaker’s malleability is actually his strength. They say it is the only way to deal with what they regard as a nearly ungovernable majority.
“He is in the driver’s seat, but he’s also willing to ask members in the car to help him navigate,” said Representative Dusty Johnson, a South Dakota Republican and McCarthy loyalist. “That is not — with all due respect to other speakers — they have mostly been interested in taking everyone in the car where they wanted to go.”
Yet with a four-vote voting margin and a far right that appears bent on forcing a shutdown, Mr. McCarthy’s car is spinning out of his control.
Now, he has decided to bring up a temporary spending bill he knows lacks the Republican support necessary to pass simply to show the public that he tried to keep the government open — a step that would likely have been deemed unthinkable by many of his predecessors.
I cannot dwell on the past for many reasons, including how difficult it was to live your own life if you did not want the stereotypical life Republicans love so much. However, it would be nice if we could go back to a functioning federal government, a Supreme Court that isn’t so topped up with corrupt and backward-looking theocratic judges, and the defeat of this craziness that Donald Trump has brought out from under the rocks of neo confederacy. Hell, I’d just settle for some common-sense governance and basic politeness.
However, this will be a battle royal, and we must do some deep breathing and conscious checking to get through it. At least we’re here for each other’s sanity and peace of mind. This will be a hell of an election season. Vote right down to the dog catcher, please! In a world of the Donald’s, let us be Diannes. Hang in there, Sky Dancers!
What’s on your reading and blogging list today?
Wednesday Reads: Trump is Out of Business in New York
Posted: September 27, 2023 Filed under: Donald Trump, just because, morning reads | Tags: bank fraud, insurance fraud, Judge Arthur Engoron, Letitia James, Trump Organization 6 CommentsGood Day!!
Lady Justice, by Eduardo Rodriguez, 2017
All hell broke loose in Donald Trump’s life yesterday afternoon. New York Supreme Court Judge Arthur Engoron cancelled his business licenses in the state and ordered them into receivership. Legal experts call this the “corporate death penalty.”
From long-time Trump expert David Cay Johnston at DC Report: Judge Gives Trump Organization the Corporate Death Penalty.
Donald Trump is no longer in business.
Worse, the self-proclaimed multibillionaire may soon be personally bankrupt as a result, stripped of just about everything because for years he engaged in calculated bank fraud and insurance fraud by inflating the value of his properties, a judge ruled Tuesday.
His gaudy Trump Tower apartment, his golf courses, his Boeing 757 jet and even Mar-a-Lago could all be disposed of by a court-appointed monitor, leaving Trump with not much more than his pensions as a one term president and a television performer.
A New York State judge on Tuesday cancelled all of the business licenses for the Trump Organization and its 500 or so subsidiary companies and partnerships after finding that Trump used them to, along with his older two sons, commit fraud.
Under the New York General Business Law you can only do business in your own name as a sole proprietor or with a business license, which the state calls a “business certificate.” All of Trump’s businesses were corporations or partnerships that require business certificates.
The civil fraud case was brought by Letitia James, the elected attorney general of New York State.
The evidence and the issues were so clear cut, Judge Arthur F. Engoron ruled on Tuesday, that there was no reason to waste the court’s time trying them.
In a 35-page decision, Judge Engoron also excoriated Trump and his lawyers for making nonsense arguments, so badly misquoting legal cases that they turned the law upside down, and other legal misconduct.
The judge also sanctioned Trump’s lawyers $7,500 each for repeatedly advancing frivolous arguments. Judge Engoron’s decision can be appealed, but that may not have much chance of succeeding.
I give Trump’s chances of prevailing on appeal at somewhere between zero and nothing except perhaps on some minor procedural point, which you can be sure Trump will describe as complete vindication.
The summary judgement decision Tuesday was partial, however.
A non-jury trial before Judge Engoron next week will determine how much Trump will be fined for his years of bank fraud and insurance fraud.
Barring a highly unlikely reversal by an appeals court, Trump’s business assets eventually will be liquidated since he cannot operate them without a business license. Retired Judge Barbara Jones was appointed to monitor the assets, an arrangement not unlike the court-supervised liquidation of a bankrupt company or the assets of a drug lord.
Justice, by Pierre Subleyras
I thought this piece by Jose Pagliery at The Daily Beast gave the clearest explanation of the details of the case among the many that I read: Trump Basically Just Lost the New York Bank Fraud Case Before It Even Started. I’ll post some of it, but I’d recommend read the whole article if you have the time and interest.
Former President Donald Trump, his top executives, and heirs were declared completely liable of “persistent and repeated fraud”—and the real estate empire was unceremoniously stripped of its business licenses in New York—after a judge’s powerful ruling Tuesday ahead of a massive trial that seeks to hit them with more than $250 million in penalties for bank fraud.
And in a stunning development, the judge has already ordered the complete dissolution of the fabled Trump Organization–the tycoon’s pride and joy, the empire that made him famous and elevated him into the White House. The Trump Organization and its sister companies will be sent into receivership to be under the control of a court-appointed officer.
Even before the trial officially starts, the ruling handed New York Attorney General Letitia James a near total victory, meaning that next week’s trial will mostly focus on damages that could pulverize whatever is left of Trump’s many business entities and bank accounts.
In his 35-page opinion, Justice Arthur F. Engoron tore apart what he called the Trump family’s “bogus arguments” and obstreperous conduct. And he summed up the entire defense as “a fantasy world, not the real world.”
“In defendants’ world: rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land, restricts can evaporate into thin air… all illegal acts are untimely if they stem from one untimely act; and square footage [is] subjective,” he wrote.
Trump, several of his heirs, and top executives will now be fighting off accusations of bank and insurance fraud at a civil trial that’s scheduled to run from early October until late December. AG Letitia James seeks to punish them all for routinely lying about property values to score better deals. At trial, it will be up to Judge Engoron alone whether the Trumps will owe $250 million-plus in penalties, be prohibited from serving as executives, and have the company charters revoked.
Of course, Trump posted an idiotic statement on the decision to Truth Social. It’s reproduced in the article. A bit more on the case itself:
The judge’s ruling represents a significant setback for Trump by revoking his company’s authority to do business in New York, where the Trump Organization is headquartered and where Trump has major real estate interests. It also represents a victory for Attorney General Letitia James (D), who had asked that Engoron simplify the upcoming trial by deciding in advance that fraud was broadly committed so the state would need to prove only specific illegal acts.
On Tuesday, Engoron ripped the Trumps—and their lawyers—apart for dragging this on so long with legal arguments that wasted the courts time by repeatedly questioning whether the AG even had the authority to hold them accountable this way.
Justice, by Francisca Vogel
Those arguments “glaringly misrepresent” the law and trying them again and again “invoke the time-loop in the film Groundhog Day,’” the judge wrote, calling attempts to topple the case this way “pure sophistry.”
Engoron also made the pivotal decision to keep all of the AG’s lawsuit intact, concluding that all of the real estate deals in question are not too old for law enforcement to crack down on for bank fraud. He brushed off the Trumps’ attempt to whittle down the lawsuit ahead of a trial that could drain the wealthy family’s bank accounts.
The timing of this decision also throws a wrench into the Trumps’ Hail Mary play, in which they sued the judge directly and prematurely asked a state appellate court to intervene because he hadn’t yet made his decision on the statute of limitations—an oddly aggressive move that reeked of delay tactics. That higher court, the appellate division’s First Judicial Department, has yet to weigh in. Doing so now might be a moot point. As such, the trial appears to be set to start next Monday, as planned.
There’s still more from the Judge on Trump’s fraudulent behavior at the link. Pagliery tweeted from the New York courthouse this morning, where Trump’s lawyers were back arguing with the judge this morning. Here’s his latest article:
Jose Pagliery at The Daily Beast: Team Trump Prepares for Doom at New York Bank Fraud Trial.
On the heels of yesterday’s critical court ruling ordering the death of the fabled Trump Organization, lawyers for Donald Trump appeared in court on Wednesday to pick up the pieces and make sense of how this can possibly get any worse for the former president.
Huge sections of the Trump family’s real estate empire are having their business licenses revoked, and the Trumps are losing control of their companies to a court-appointed official. The trial set to start next week threatens to empty their bank accounts too.
Half a day after Justice Arthur F. Engoron’s Tuesday ruling, it’s evident the real estate tycoon and his lawyers still aren’t sure what will happen to Trump’s Monopoly board collection of buildings in Manhattan and elsewhere.
“Certain of the entities own physical assets, like 40 Wall Street and Trump Tower. Are those assets now going to be sold? Or managed under direction of the monitor?” Trump defense lawyer Christopher Kise asked the judge in court.
After privately discussing the matter with his law clerk, the judge declined to make a final decision “right now.” But the judge made clear an independent person will play a role in determining the fate of this multibillion dollar network of companies, giving both investigators and the Trump family extra time to jointly find an outside official who can oversee this while they’re wrested from the family’s control.
Engoron on Tuesday decided that New York Attorney General Letitia James already proved the Trump family routinely lied to banks by wildly inflating property values for years—the first of seven counts in the AG’s lawsuit. Each count alleges a violation of the state’s Executive Law § 63(12), which keeps corporations honest. In court today, Trump’s attorneys asked a question dripping with existential dread.
“What’s the point of the others?” Kise asked the judge. “I don’t know how many 63(12) counts you need. You’ve already granted relief, except for disgorgement.”
Kise was referring to the next punishment the Trumps might face, as state investigators want to seize $250 million-plus in profits that they obtained after faking asset values on business paperwork submitted to banks for loans.
La Justice, by Gee
This process is going to be fascinating. My guess is it will end up taking a long time before we know the final upshot. But as of now, Trump has been stripped of his identity as a successful businessman. That has to be deeply humiliating for him.
Trump whisperer Maggie Haberman and fellow New York Times reporter wrote about this: Ruling Against Trump Cuts to the Heart of His Identity.
Nearly every aspect of Donald J. Trump’s life and career has been under scrutiny from the justice system over the past several years, leaving him under criminal indictment in four jurisdictions and being held to account in a civil case for what a jury found to be sexual abuse that he committed decades ago.
But a ruling on Tuesday by a New York State judge that Mr. Trump had committed fraud by inflating the value of his real estate holdings went to the heart of the identity that made him a national figure and launched his political career.
By effectively branding him a cheat, the decision in the civil proceeding by Justice Arthur F. Engoron undermined Mr. Trump’s relentlessly promoted narrative of himself as a master of the business world, the persona that he used to enmesh himself in the fabric of popular culture and that eventually gave him the stature and resources to reach the White House.
The ruling was the latest remarkable development to test the resilience of Mr. Trump’s appeal as he seeks to win election again despite the weight of evidence against him in cases spanning his years as a New York developer, his 2016 campaign, his efforts to overturn his 2020 election loss and his handling of national security secrets after leaving office.
The authors note that, so far, none of the cases against Trump have seemingly hurt his campaign to win the presidency again in 2024.
Whether the effect of Justice Engoron’s ruling is any different remains to be seen. But his finding imperils both Mr. Trump’s public image and his business empire. The former president now faces not only the prospect of having to pay $250 million in damages, but he could also lose properties like Trump Tower that are inextricably linked to his brand….
In all of Mr. Trump’s recent legal travails, his typical tactics for self-preservation have largely failed him. When cornered, Mr. Trump has traditionally sought to bluster his way out of trouble, falling back on exaggerations or outright lies to escape.
These methods have served him well in the business and political arenas, where there is often little price to pay for bending the truth and where voters tend not to distinguish between gradations of prevarications. Those methods, though, have been much less effective so far in the courts, which operate according to strict standards of veracity and staid and sober rules.
In straightforward terms, Justice Engoron punctured Mr. Trump’s bubble of protective falsehoods about the way he conducted his business.
More Interesting Stories to Check Out
Molly Jong-Fast at Vanity Fair: Let’s Not Sleepwalk Into Another Trump Presidency.
Amanda Marcotte at Salon: President Drink Bleach says what? Trump now claims he beat George W. Bush and Barack Obama.
CNN: Commander Biden bites another Secret Service agent, the 11th known incident.
The New Republic: The Sick, Racist Message Behind Why Trump Chose That Particular Gun Store.
The Hill: FCC chair proposes reinstating Obama-era net neutrality rules.
The Messenger: Trump Adds Two Attorneys to Criminal Defense Team.
The Daily Beast: UAW Leader Has No Desire at All to Talk to Trump in Michigan.
Have a great Wednesday everyone!!
Mostly Monday Reads: Money Makes the Pol go ’round
Posted: September 25, 2023 Filed under: Corruption and Criminal Insanity | Tags: Donald Trump and fascism, public corruption, Uncle Clarence Thomas 5 Comments
Good Day, Sky Dancers!
I must admit that the headlines aren’t getting any less depressing about what was once our healthy democracy. Will we default on our debt because a few stupid Republicans in backwater, gerrymandered districts followed Trumpmania to blow up the system and fellate Trump’s ego? Will Trump get back in and try to jail and shoot his political enemies? This is from Brian Klauss at The Atlantic.
Eventually, all luck runs out. Political violence is notoriously difficult to forecast with precision, but would anyone really be surprised if Trump’s violent rhetoric led to real-world attacks in the run-up to the 2024 election—or in its aftermath, if he loses?
For all of these reasons, Trump’s recent unhinged rant about Milley should be a wake-up call. But in today’s political climate, the incident barely registers. Trump scandals have become predictably banal. And American journalists have become golden retrievers watching a tennis-ball launcher. Every time they start to chase one ball, a fresh one immediately explodes into view, prompting a new chase.
Eventually, chasing tennis balls gets old. We become more alive to virtually any distraction: The media fixate on John Fetterman’s hoodie instead of on stories about the relentless but predictable risk of Trump-inspired political violence.
Bombarded by a constant stream of deranged authoritarian extremism from a man who might soon return to the presidency, we’ve lost all sense of scale and perspective. But neither the American press nor the public can afford to be lulled. The man who, as president, incited a violent attack on the U.S. Capitol in order to overturn an election is again openly fomenting political violence while explicitly endorsing authoritarian strategies should he return to power. That is the story of the 2024 election. Everything else is just window dressing.
Well, maybe not everything else. Three days ago, we learned from ProPublica that Supreme Court Justice Clarence Thomas “secretly participated in Koch Network Donor Events.”
During the summit, the justice went to a private dinner for the network’s donors. Thomas has attended Koch donor events at least twice over the years, according to interviews with three former network employees and one major donor. The justice was brought in to speak, staffers said, in the hopes that such access would encourage donors to continue giving.
That puts Thomas in the extraordinary position of having served as a fundraising draw for a network that has brought cases before the Supreme Court, including one of the most closely watched of the upcoming term.
Thomas never reported the 2018 flight to Palm Springs on his annual financial disclosure form, an apparent violation of federal law requiring justices to report most gifts. A Koch network spokesperson said the network did not pay for the private jet. Since Thomas didn’t disclose it, it’s not clear who did pay.
BB texted this article to me this morning about the leading Republican pol in the governor’s race. I seriously don’t want to live in a state run by this guy. This is from Politico. “GOP donor wants his money back after candidate hires Corey Lewandowski. An alleged unwanted advance causes ripples in Louisiana’s gubernatorial primary two years later.”
John Odom, a major Republican donor, has been a top backer of Louisiana gubernatorial candidate Jeff Landry. He’s dined with Landry, talked with him on the phone and attended one of his annual “Alligator Hunt” fundraisers. In all, he’s given $100,000 to his political operation.
But now Landry, the state’s attorney general and frontrunner in the race, has done something that, for Odom, is unforgivable.
He hired former Donald Trump 2016 campaign manager Corey Lewandowski as a political adviser.
And now, in response, Odom is demanding that Landry give him his money back and is “urg[ing] the voters of Louisiana to reject Landry at the polls.”
Odom, a construction company executive who made over $100,000 in federal donations to Republican-aligned candidates and groups in the 2022 midterm election, has deeply personal reasons for his dislike of Lewandowski. In 2021, Odom’s then-wife, Trashelle Odom, alleged that Lewandowski made unwanted sexual advances toward her at a Las Vegas charity dinner in September 2021.
Lewandowski was later charged with misdemeanor battery, and in September 2022 he cut a plea deal with Nevada prosecutors. Under the deal, the political strategist agreed to pay a $1,000 fine, undergo impulse control training, serve 50 hours of community service and stay out of trouble for a year. In exchange, Lewandowski would not have to admit guilt.
Along the way, Lewandowski remained active in Republican politics, advising several candidates during the 2022 midterms. Landry’s campaign has paid Lewandowski $100,000 ahead of the Oct. 14 primary, according to state finance records. The payments were first reported this past week by the Louisiana Illuminator.
Many folks are asking for their money back these days. This is from CBS News. “Pennsylvania Senator John Fetterman calls on New Jersey Sen. Robert Menendez to resign amid bribery charges.” He’s also handing back all donations the Senator made to his campaign.
Earlier this week, Democratic Sen. Robert Menendez of New Jersey along with his wife were indicted by a federal grand jury on charges of bribery.
The indictment comes after a yearslong investigation by the U.S. Department of Justice looking into public corruption.
The 69-year-old senator and his wife, Nadine Menendez, are facing one count of conspiracy to commit bribery, conspiracy to commit honest services fraud, and conspiracy to commit extortion under color of official right.
Also named in the indictment are three New Jersey businessmen, Wael Hana, Jose Uribe, and Fred Daibes.
Despite the charges, Sen. Menedez has indicated he does not plan to resign.
“I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades,” he said.
This is the second time in 10 years he has been facing corruption charges as in 2015 he was indicted on similar charges but the case ultimately ended in a mistrial.
Several elected officials in both New Jersey and Washington have called on Sen. Menendez to step down, and that includes one of Pennsylvania’s Democratic Senators, John Fetterman.
Sen. Fetterman released a statement on Saturday afternoon, calling for Sen. Menendez’s resignation.
“Senator Menendez should resign,” Fetterman’s statement read. “He’s entitled to the presumption of innocence under our system, but he is not entitled to continue to wield influence over national policy, especially given the serious and specific nature of the allegations. I hope he chooses an honorable exit and focuses on his trial.”
Menendez has called the accusations baseless but due to the Senate Democratic Caucus rules, he has agreed to step down as the chairman of the Senate Foreign Relations Committee.
Of course, even Orangeholio is presumed innocent. So is the Senator. However, this is not Menedez’s first rodeo. But really, Trump is criminally insane by comparison. He shouldn’t be on the streets, let alone on the news. This is from Rachel Skully, writing at The Hill. “Trump pledges to investigate MSNBC parent company for ‘threatening treason.’ ”
Former President Trump pledged to investigate Comcast, the parent company for NBC and MSNBC, if he is elected in 2024, saying it “will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and events.”
“They are almost all dishonest and corrupt, but Comcast, with its one-side and vicious coverage by NBC NEWS, and in particular MSNBC, often and correctly referred to as MSDNC (Democrat National Committee!), should be investigated for its ‘Country Threatening Treason,” Trump wrote in a Truth Social post Sunday.
“I say up front, openly, and proudly, that when I WIN the Presidency of the United States, they and others of the LameStream Media will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and events,” the former President wrote.
Trump also rehashed a phrase he has often used for news media in the past, calling it the “enemy of the people.”
“The Fake News Media should pay a big price for what they have done to our once great Country!” Trump added.
So much for the First Amendment.
Anyway, this is crazy, this is crazy, this is crazy.
Here’s a little something weird and unusual to think about. Warren Zevon, citing a poem, improvising beat poetry jazz, was one of many artists on an album called Kerouac. It’s also politically timely. It’s the Running Through – Chinese Poetry Song. More respect for the cats! More Wine! More Poetry!
What’s on your reading and blogging list today?
Lazy Caturday Reads
Posted: September 23, 2023 Filed under: Cats, caturday, Congress, corruption, Donald Trump, just because | Tags: Alex Whiting, Bob Menendez, Chuck Schumer, government shutdown, Jack Smith, Joe Biden, Kevin McCarthy, Mark Milley, Mitch McConnell, never Trump Republicans, Ted Cruz, UAW strike 6 Comments
Happy Caturday!!
I have a mix of stories today. Arguably the biggest news is the looming government shutdown caused by far right House Republicans and pathetic “Speaker” Kevin McCarthy. Here’s the latest:
Politico: McCarthy stares into the shutdown abyss.
Speaker Kevin McCarthy has only one way out of next week’s impending government shutdown: working with Democrats. It’s an exit he’s still refusing to take.
During the most tumultuous stretch of his speakership so far, McCarthy hasn’t phoned a single member of the opposing party about a way to keep the lights on.
McCarthy’s central strategy remains the same; he wants to deliver a GOP opening bid to the Democratic Senate, while holding back a rebellion by his right flank — enough to hang on to his speakership after Democrats, by necessity, enter the talks. After his first two attempts at a short-term spending patch fell short, McCarthy is now trying to take up doomed full-year bills.
Some of McCarthy’s own allies fear that effort could prove futile as a shutdown fast approaches. These House Republicans worry that the Californian’s third attempt at a workable strategy, bringing spending measures to the floor next week, might also fail to get the votes they need and further humiliate the party.
“This is not checkers. This is chess. You got to understand that this next move by the House is not going to be the final answer,” Rep. Steve Womack (R-Ark.) said. “Eventually, the Senate will weigh in … and it’s not going to be to our liking, and probably going to be pushed into our face and say: ‘Take it or leave it.’ And then the speaker will have a very difficult decision.”
The situation is getting worse still for McCarthy as he starts running out of room from his Senate allies. A group of conservatives across the Capitol, after days of deferring to the speaker, now want to see a vote on legislation that would automatically impose stopgap spending patches to permanently prevent shutdowns.
Read more at the Politico link.
CNN: Schumer in talks with McConnell as shutdown fears grow: ‘We may now have to go first.’
Senate Majority Leader Chuck Schumer told CNN that his chamber might have to take matters in its own hands and push through a must-pass bill to fund the government amid deep divisions in the House and a looming shutdown by next weekend.
For weeks, Democratic and Republican senators have been watching the House with growing alarm as Speaker Kevin McCarthy has struggled to cobble together the votes to pass a short-term spending bill along party lines – all as he has resisted calls to cut a deal with Democrats to keep the government open until a longer-term deal can be reached. The initial plan: Let McCarthy get the votes to pass a bill first before the Senate changes it and sends it back to the House for a final round of votes and negotiations.
Now with House GOP leaders still struggling to get the votes ahead of the September 30 deadline, Schumer said he would try to cut a deal with Senate Minority Leader Mitch McConnell and send it to the House on the eve of a potential shutdown – all as he signaled he was pushing to include aid to Ukraine as part of the package.
“We may now have to go first … given the House,” Schumer told CNN in an interview in his office, moments before he took procedural steps to allow the Senate to take up a continuing resolution, or CR, as soon as next week. “Leader McConnell and I are talking and we have a great deal of agreement on many parts of this. It’s never easy to get a big bill, a CR bill done, but I am very, very optimistic that McConnell and I can find a way and get a large number of votes both Democratic and Republican in the Senate.”
If Schumer’s assessment is correct, that would leave McCarthy with a choice: Either ignore the Senate’s bill altogether or continue to try to pass his own bill in the narrowly divided House where he can only afford to lose four GOP members on any party-line vote.
More details at the CNN link.
Another big story today is the second indictment of Democratic Senator Bob Menendez. The extent of the corruption by Menendez and his wife is gobsmacking. Menendez managed to wriggle out of the last indictment, but this one many bring him down for good.
NBC News: Bob Menendez’s indictment highlights: Gold bars and wads of cash.
Gold bars worth more than $100,000. A new Mercedes-Benz convertible in the garage. Wads of cash stuffed in the pockets of a jacket with “Bob Menendez” embroidered on the breast.
The signature at the bottom of the federal indictment released Friday charging Sen. Bob Menendez, D-N.J., his wife Nadine, and three alleged accomplices with bribery, belongs to Damian Williams, U.S. attorney for the Southern District of New York.
But the details of what federal agents said they found in June 2022 when they raided the Menendez home in New Jersey, and in their subsequent investigation of the couples’ email and phone accounts, could have been stripped from an episode of “The Sopranos.”
Highlights of the indictment:
Nearly half a million dollars in cash was found stuffed inside envelopes and stashed inside the pockets of clothing hanging in the closets of the Menendez’s home in Englewood Cliffs, including a big roll of bills in a jacket from the Congressional Hispanic Caucus with Menendez’s name on it.
Fingerprints belonging to the driver of co-defendant Fred Daibes were found on at least one of the envelopes, as well as his DNA and his return address, prosecutors said. “Thank you,” Nadine Menendez texted Daibes around Jan. 24, 2022, according to the indictment. “Christmas in January.”
Patrice Schiano, a former FBI forensic accountant who is currently a lecturer at the John Jay College of Criminal Justice, said that’s “pretty damning.”
“It doesn’t surprise me that there might be cash hidden in the house because if they took it to the bank that’s going to be reported,” Schiano said. “But that’s going to be hard to defend because any jury is going to be like, ‘That’s a lot of cash in house’.”
Read the rest at the link, if you’re interested.
New Jersey Gov. Phil Murphy and Democratic leaders on Friday called on Sen. Bob Menendez to resign, hours after federal prosecutors indicted him on bribery charges.
“The allegations in the indictment against Senator Menendez and four other defendants are deeply disturbing. These are serious charges that implicate national security and the integrity of our criminal justice system,” Murphy said in a statement. “The alleged facts are so serious that they compromise the ability of Senator Menendez to effectively represent the people of our state. Therefore, I am calling for his immediate resignation.”
The public statements by Murphy and state political leaders puts intense, possibly undeniable, pressure on New Jersey’s senior senator even after he struck a defiant tone in response to the allegations. Menendez is up for reelection in 2024 and had said before the charges that he would seek another term.
He remained resistant to his fellow Democrats’ calls Friday evening.
“Those who believe in justice believe in innocence until proven guilty. I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades,” Menendez said in a statement. “This is the same record of success these very same leaders have lauded all along. It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat. I am not going anywhere.”
Like this has anything to do with Menendez’s ethnicity. That’s a pretty outrageous claim. Senate Democrats need to put pressure on Menendez to step down so the governor can appoint a Democrat to succeed him.
More interesting news stories:
Politico: Biden to join the picket line in UAW strike.
President Joe Biden will travel to Michigan to join the picket line of auto workers on strike nationwide, he said on Friday afternoon.
“Tuesday, I’ll go to Michigan to join the picket line and stand in solidarity with the men and women of UAW as they fight for a fair share of the value they helped create,” Biden wrote on X, the platform previously known as Twitter.
His decision to stand alongside the striking workers represents perhaps the most significant display of union solidarity ever by a sitting president. Biden’s announcement comes a week after he expressed solidarity with the UAW and said he “understand[s] the workers’ frustration.”
The announcement of his trip was seen as a seismic moment within certain segments of the labor community. “Pretty hard-core,” said one union adviser, who spoke anonymously because they were not authorized to speak publicly.
Biden had earlier attempted to send acting Labor Secretary Julie Su and senior adviser Gene Sperling, who has been the White House’s point person throughout the negotiations, to Detroit to assist with negotiations. However, the administration subsequently stood down following conversations with the union. Press secretary Karine Jean-Pierre said earlier Friday it was a “mutually agreed upon decision.”
Meanwhile, Trump is also headed for Michigan instead of the Republican primary debate, and he claimed he also might show up at the picket line (LOL)
Former President Donald Trump also has plans to visit Michigan next week. Despite backlash from Fain, the leading candidate in the Republican presidential primary will visit current and former workers next Wednesday — the same day his competitors in the field take the debate stage in California. A person familiar with Trump’s plans said that he is “unlikely to go to the picket line” but that such a stop “has not been ruled in or out.”
Trump’s connection to reality continues to deteriorate dramatically. Last night he claimed that General Mark Milley should be executed. Raw Story:
Donald Trump on Friday lashed out against a general who said he was forced to keep Trump in check during his presidency.
Trump, who has previously attacked General Milley in connection with other topics, unleashed a rant in which he said Milley’s behavior might warrant death. The ex-president’s attention was probably piqued by a lengthy report that recently detailed how Joint Chiefs Chairman Mark Milley and several other military and intelligence officials had to restrain the former president’s worst impulses throughout his time in office.
On Friday, Trump came out swinging, blaming Milley for lives lost in the Afghanistan withdrawal.
“Mark Milley, who led perhaps the most embarrassing moment in American history with his grossly incompetent implementation of the withdrawal from Afghanistan, costing many lives, leaving behind hundreds of American citizens, and handing over BILLIONS of dollars of the finest military equipment ever made, will be leaving the military next week,” Trump wrote on his Truth Social social media site, created when he was banned from several others. “This will be a time for all citizens of the USA to celebrate!”
Trump continues, calling Milley a “woke train wreck.”
“This guy turned out to be a Woke train wreck who, if the Fake News reporting is correct, was actually dealing with China to give them a heads up on the thinking of the President of the United States,” Trump wrote on Friday. “This is an act so egregious that, in times gone by, the punishment would have been DEATH! A war between China and the United States could have been the result of this treasonous act. To be continued!!!”
Trump should be in a straight jacket in a psychiatric hospital, not running for president.
Here’s another Republican who has apparently taken leave of his senses (or he’s just a racist). The Hill: Ted Cruz claims Democrats could parachute Michelle Obama in as presidential nominee.
Texas Sen. Ted Cruz (R) claimed Democrats could “parachute” Michelle Obama in as a presidential nominee if his theory of President Biden dropping out of the race holds true.
Cruz hosts the “Verdict with Ted Cruz” podcast, where he said Monday that he thinks Biden will leave the 2024 race.
“So here’s the scenario that I think is perhaps the most likely and most dangerous. In August of 2024, the Democrat kingmakers jettison Joe Biden and parachute in Michelle Obama,” he said. “I view this as a very serious danger.”
Cruz said choosing the former first lady as the Democratic nominee would be a decision the party could rally behind. Choosing a Black woman is a choice that would not disrupt the party or “infuriate African American women, which is a critical part of the constituency.”
Cruz said Obama would garner more Democratic support than any other potential replacement for Biden, including Vice President Harris, California Gov. Gavin Newsom, Secretary of Transportation Pete Buttigieg, or Elizabeth Warren.
What a moron.
On a more serious note, Politico reports: Jack Smith adds war crimes prosecutor — his deputy from the Hague — to special counsel team.
Special counsel Jack Smith has added a veteran war crimes prosecutor — who served as Smith’s deputy during his stint at the Hague — to his team as it prepares to put former President Donald Trump on trial in Washington and Florida.
Alex Whiting worked alongside Smith for three years, helping prosecute crimes against humanity that occurred in Kosovo in the late 1990s. The Yale-educated attorney also worked as a prosecutor with the International Criminal Court from 2010 to 2013. He has taught law classes at Harvard since 2007 as well, hired as an assistant professor by then-Dean Elena Kagan — now a Supreme Court justice — and rising to a visiting professorship in 2013.
Whiting’s precise role on Smith’s team is unclear. A spokesperson for Smith declined to comment, and Whiting did not immediately return requests for comment. The prosecutors’ office in the Hague and Harvard University also did not respond to requests for comment about Whiting’s current employment status.
But a POLITICO reporter observed Whiting at the U.S. district courthouse in Washington, D.C., on Wednesday and Thursday, spending several hours monitoring the trial of a Jan. 6 defendant. The judge in the case is Tanya Chutkan, who is slated to preside over Trump’s trial in March on federal charges stemming from his efforts to subvert the 2020 election.
During a break in the Jan. 6 trial this week, Whiting introduced himself to prosecutors as a new member of Smith’s team, saying he “just joined” the office.
From 2018 to 2022, Smith served as chief prosecutor in the Kosovo Specialist Chamber in the Hague. Whiting temporarily took over that office last year after Attorney General Merrick Garland appointed Smith as special counsel to lead the Trump investigations. Boston attorney Kim West was appointed to permanently succeed Smith in June but did not assume the role immediately.
Whiting has been a frequent commentator on the previous special counsel to investigate Trump: Robert Mueller, who investigated links between Russia and Trump’s 2016 campaign. Whiting wrote numerous articles and gave interviews assessing the strength of Mueller’s case against Trump, often siding with those who saw extreme legal peril for Trump over his efforts to curb the investigation.
Whiting’s addition to the team shows Smith is gearing up for a new phase of his efforts — preparing for trials that could send a former president to prison for the first time in U.S. history.
Finally, you might want to check out this long read at The New Republic by Ben Jacobs: Are “Never Trump” Republicans Actually Just Democrats Now?
A decade ago, Kristen Daddow-Rodriguez was a loyal Republican. Raised in Michigan, she voted automatically for the GOP in each election, even though she wasn’t wild about every candidate offered up by her party. She considered herself a fiscal conservative and social liberal who happily backed John McCain and Mitt Romney. Now, she is a dedicated Democratic activist in suburban Atlanta.
Daddow-Rodriguez is not exactly an outlier in American politics, although it may sometimes seem that way in this hyperpolarized era. After the 2016 election, there was a vogue in the media to understand how Donald Trump had possibly managed to win the presidency despite scandal after scandal. He received almost three million fewer votes than Hillary Clinton—an early sign of the limits of his electoral might—but because most pollsters and experts had predicted a Clinton win, there was a desperate scramble across the Rust Belt to find the once Democratic voters who had cast a ballot for the Republican. Blue-collar diners from Allentown to Youngstown were swarmed with reporters determined to discern the secret of Donald Trump’s appeal.
In hindsight, that phenomenon may be eclipsed by another one: Republicans deserting their party precisely because of Trump, forming a demographic now familiarly known as “Never Trump Republicans.” Whether it was his xenophobic remarks about immigrants, his crude personal behavior, or his general disdain for the norms of American politics, many white, college-educated voters—long a bedrock of the GOP—cast their ballot either for Hillary Clinton or for a third-party candidate to avoid supporting Trump. The shock of his election kept this initially from being a broad focus in popular culture, but in special election after special election in the coming year, culminating in the 2018 midterms, it was clear there was a lasting revulsion from these Republicans toward the Trump-era GOP. This was reinforced in 2020, when these voters appear to have turned even more heavily against Trump, helping Joe Biden run the table in the most competitive swing states.
This tranche of voters is not huge, but they may be decisive—in 2020, 16 percent of self-identified moderate or liberal Republicans voted for Biden, according to an analysis by Pew, twice the share that did so in 2016. This even as Biden won a narrow electoral college victory by a combined margin of just under 43,000 votes in Arizona, Georgia, and Wisconsin. Bryon Allen, a longtime Republican pollster and partner at WPA Intelligence, noted that, before Trump, Republicans in many suburban counties would get narrow majorities. “Now, without a [GOP Georgia Governor Brian] Kemp or a [GOP Virginia Governor Glenn] Youngkin or somebody who has particular appeal and the right issues … we might get 47 percent or 48 percent” in the same areas….
“I think Donald Trump was the gateway drug that has drawn a lot of otherwise pretty standard Republicans to the Democratic Party over the last eight or nine years,” Zac McCrary, a veteran Democratic pollster, told The New Republic. “And a Never Trump Republican in 2016, two or three cycles later, turns into a pretty conventional Democrat up and down the ballot.”
Again, its a long read; I’ve just posted the introduction.
Yesterday I noticed the comments were working normally; I hope that will continue today. Please share your thoughts on these stories and any post links to any others that interest you.
Finally Friday Reads: Fuck Nebraska and Red States in General
Posted: September 22, 2023 Filed under: just because | Tags: Abortion Art, Abortion is Reproductive Healthcare, After Roe V. Wade, Bans off our bodies, Before Roe V. Wade 11 Comments
Juanita McNeely, “Is it Real? Yes It Is!” from 1969, a series of nine panels about the painter’s illegal abortion and medical emergency, It is displayed at the Whitney Museum of American Art
Good Day, Sky Dancers!
When my parents were trying to sell me in 4th grade on moving across the Missouri River, I clearly remember sitting in the back seat and telling them I didn’t like it here. I couldn’t really articulate how awful the boxy brick grade school looked compared to mine, which was built of granite by the WPA. Across the main road was a set of equally bricky and boxy stores in a shopping center.
All I could remember were the beautiful stores in the downtown area of Council Bluffs. There was the Hotel Ogden that looked straight out of a Western Movie, plus my Dad’s original dealership location, which was a typical auto dealership storefront straight out of the 1920s. I loved the old Victorian Houses nestled into the Bluffs and longed to own one when I grew up. I had dreams like that until we moved to Omaha. Then, my dreams were mostly of getting out of there as soon as possible. I could’ve graduated early and begged my parents to let me attend university and get out of here. My mother kept telling me these were the best days of my life. Then, I realized my mother was speaking for herself because I mostly remember her being as bored as I was. And we both hated football in a state where that’s about it for entertainment.
I can tell you that with certainty the best decades of my life came when I finally packed a car and headed out for good.
Barbara Kruger’s “Untitled (Your Body is a Battleground,” (1989).Credit…via Barbara Kruger, The Broad Art Foundation and Sprüth Magers
My daughter is 20 weeks pregnant, and her water broke last week at 19. The first question I get now is what state she is in. I don’t want to go into that, but you can google how exactly bad that is for a pregnancy. She was a high-risk pregnancy for me. I was placenta previa. I can tell you that my oldest daughter is an OB/GYN because of that pregnancy and the inoperable and incurable cancer that followed. I found out that the Insurance Company covering us and employing him wanted to send me to a Catholic Hospital. I said I’d pay to go to Methodist with my last dime if I had to. I badgered him to talk to the clerk, calling the shots on me and getting them to send me to Methodist. Luckily, Methodist Hospital had the only neontologist in my backward city. My husband worked for what I was told by my fifth-grade teacher was basically the employer of last resort. If we didn’t get grades, we would get stuck working in the land of endless file cabinets, evil bosses, and taxidermy animal decorations. I was due mid-December and drove myself to the hospital, bleeding profusely on Halloween.
The only good thing about that damned insurance company was it covered everything from the pre-birth trauma to the cancer treatment and surgery. It took my husband, a Vice President, to pressure them to let me go to Methodist Hospital with a good Jewish neonatologist(who later supervised Dr. Daughter’s Residency) that’s situated right across the street from Children’s Hospital’s Neonatology Unit. I gave my daughter a purple stethoscope when she entered Med school. I gave her an autographed copy of “This Common Secret ” when she graduated. My Journey as an Abortion Doctor.” She said, “But Mom, this won’t be my central practice.” She hadn’t read it when I last asked at the fall for Roe. I told her to just learn the procedure and ensure she could do it. One day, you may have to teach it secretly to save lives.
Yet in setting down her story, Wicklund has done something brave, not only by refusing to cower in the shadows but also by recounting experiences that don’t always fit the conventional pro-choice script. Before receiving her medical training, Wicklund had an abortion herself. She was asked no questions, offered no advice and left the clinic feeling violated. Years later, she terminated the pregnancy of a woman who’d been raped and wanted an abortion. Afterward, Wicklund examined the product of conception and discovered the pregnancy had occurred two weeks earlier, meaning it was not a consequence of the rape. Both she and the patient were horrified.
Opponents of abortion might view such episodes as proof that abortion is evil. For Wicklund, they are what drove and inspired her to help each woman she encountered make an informed, truly independent choice. At a clinic she ran in Montana, this meant placing the emphasis on counseling, which sometimes strengthened a patient’s resolve to terminate her pregnancy and other times led her to reconsider and bear the child instead. Wicklund may never convince the protesters who demonized her that women should be free to make such decisions on their own. But in sharing her secrets, she has shown why there is much honor in having spent a lifetime attempting to ensure they do.
Until now, very few can spend a lifetime ensuring they do. Count the states, remember the map, and be prepared to help someone you know. Be prepared for fines, jail, and neighbors reporting you.
I’ve always been a fighter, and fighting the patriarchy has been my thing ever since I found out I couldn’t play Little League baseball and was forced to wear a dress to school. One story that typifies the entire state came from one of the two Physicians performing abortions in Omaha. The biggest, most nasty of the protestors in front of his clinic was this woman and her daughter. One Sunday, he opened his clinic just for her so her daughter could have an abortion. The next day they both were out screaming crap that obviously they believed was for everyone else but them. Our bodies are in the hands of religious freaks, politicians, and insurance bureaucrats. This is not the world I planned for the girls and women coming after me.
I never thought we’d lose Roe completely. But we have. I live on an island at the edge of the rest of the state, which is primarily insane from too much religion and neo-Confederate rage. Almost all of us would love to be a city-state. But, since cancer took the one thing these nuts want to regulate the most, I don’t have to worry about the things I used to. It’s only for my daughters and now granddaughters. Location. Location. Location is everything if you have a functioning uterus. One is in Washington State. The other is in Colorado. Right now, they’re safe, but hopefully not in the way Anne Franck thought she would be in a hidey hole in the attic.
ILLUSTRATION BY VICTOR JUHASZ Rolling Stone, 2014
Here in Lousyana and up there in Nebraska, the state owns women’s bodies. We are chattel. The doctors, the parents, and confidants guiding such decisions in a free society no longer matter. This old, stale religion used to burn women and Jewish people at the stake and African-Americans on a cross wants its Dark Ages back. They’re in Africa trying out the death penalty for not loving and fucking their idea of the proper sex. Will we never be rid of these patriarchal missionaries who consider us chattel? I’ll shut up now. Just know that my child is safe and has her bills covered right now because she is not poor and is in Colorado. None of this makes it easier for me as I look at the faces of young women who walk my neighborhood streets, wondering if they’ll be able to make it to the Promised Land if need be.
So here’s the beef. This travesty of justice happened in Nebraska and is in The Guardian. “US mother sentenced to two years in prison for giving daughter abortion pills. Jessica Burgess pleaded guilty in July to providing an abortion after 20 weeks and tampering with human remains.” Remember, the earliest viability is not 20 weeks. It’s somewhere around 22-24 weeks and still at a point where life or health is not certain.
Jessica Burgess, a Nebraska mother accused of helping her teenage daughter use pills to end her pregnancy, was sentenced on Friday to two years in prison.
Burgess and her daughter, Celeste Burgess, stand accused of working together to end Celeste Burgess’s pregnancy in April 2022.
According to prosecutors, after the pair bought pills to end the pregnancy, Celeste Burgess gave birth to a stillborn fetus. At the time, Nebraska law banned abortion after 20 weeks of pregnancy. Celeste Burgess’s pregnancy was well past that point, according to court records.
Police say that the Burgesses buried the fetal remains. An examination of the remains suggested they may have also been burned, according to court documents.
Jessica Burgess pleaded guilty in July to charges of false reporting, providing an abortion after 20 weeks of gestation, and concealing, removing or abandoning a dead human body. She was sentenced to one year in prison each charge, but the sentences for false reporting and tampering with human remains will run concurrently, with the sentence for the illegal abortion to served consecutively with the sentences for the other charges, a spokesperson for the Madison county courthouse said.
Celeste Burgess also took a plea deal and was sentenced to 90 days for concealing or abandoning a dead body earlier this year.
Although the case occurred before the US supreme court overturned Roe v Wade, it has been seen as a harbinger of how law enforcement may prosecute people for ending their own pregnancies in a post-Roe era – and how giant tech companies could go along with it.
One of the worst states of the Union is Texas. You can tell precisely how Pro-life Governor Abbott is from this headline from ABC News yesterday. “3-year-old dies while crossing the Rio Grande near Eagle Pass, Texas. The family was attempting to cross the river near a floating marine barrier.
The fetish fetishists omit this once-breathing, speaking, and walking child in the same class as a fertilized egg. This child already had dreams.
The Texas Tribune examined the reality of Abbot’s reign of terror. One year before, Grand Inquisitor Alito followed a judge who liked Witch Burning to decide that women’s reproductive health should be criminal. “A year after the Dobbs decision, Texas has settled into a post-abortion reality. The impact of Texas’ near-total ban on abortion is coming into focus as patients and providers leave the state, legal challenges languish, and the state’s social safety net braces for a baby boom.: This is reported by Eleanor Klibanoff.
A year after the Dobbs v. Jackson decision, an uneasy acceptance has settled over Texas, as even the most ardent abortion advocates acknowledge these new laws aren’t changing anytime soon.
“I don’t see the legal landscape of our state shifting in a major way, certainly not in the short-term future,” said Neesha Davé, executive director for the Lilith Fund for Reproductive Equity, an Austin-based abortion fund. “And so, unfortunately, we have had to figure out how to navigate the current legal landscape, if for no other reason than there are people who need abortion care today, yesterday, tomorrow.”
There are ongoing court challenges to Texas’ laws, but they are narrow and could drag through the courts for years. There is still momentum around meaningful political change, but that is the work of decades and much of the focus has shifted to shoring up the social safety net as a stop-gap measure.
Meanwhile, despite exceptions to the law, the number of monthly abortions in Texas has dropped into the low single digits. Women are nearly dying from pregnancy complications, or actually dying after having to travel out-of-state for abortions, or facing million-dollar lawsuits for helping friends acquire abortion medication. An unknown number are having babies they never planned for.
A year after the U.S. Supreme Court ruled in Dobbs v. Jackson that there is no constitutional right to abortion, some long-time advocates see hope in the hopelessness. They’ve been sounding the alarm about the overturn of Roe and its consequences for years, and finally, people are forced to pay attention.
“There are so many more conversations happening about abortion today than there were two years ago,” Davé said. “I do think a tide is turning. It just takes time.”
Two states are trying to come out of the Reproductive Health Care Dessert. The next battlefield is Pennsylvania
. This is one of the reasons you really have to watch your state legislature. Forced Birthers are learning the numbers are against them if voters get their way. They’re not for states making their own decision. Now, they’re going straight for a Federal law banning all abortions. Every vote counts for this. Lousyana will invariably get worse after our election. A lot of us will vote with our feet. Women and children are not safe in Red State America. Neither are members of the LGBTQ+ community, immigrants, or people of color.
This is from The Hill. “Abortion battle to play out on multiple fronts in November.”
A battle over abortion rights is set to play out on multiple fronts this coming November with votes that could affect access to the procedure in several states.
Voters will go to the polls for key elections in half a dozen states this year, but abortion rights advocates in particular are looking at votes in Ohio, Pennsylvania and Virginia.
A battle over abortion rights is set to play out on multiple fronts this coming November with votes that could affect access to the procedure in several states.
Voters will go to the polls for key elections in half a dozen states this year, but abortion rights advocates in particular are looking at votes in Ohio, Pennsylvania and Virginia.
But the contests in Virginia and Pennsylvania will also be seen as proxy elections for the broader battle over abortion rights.
Virginia Gov. Glenn Youngkin (R) has devoted much of his time and energy to working to help elect Republicans in this November’s state legislative races. He received a political boost in June after the slate of candidates he endorsed for these seats won their primaries.
But Youngkin has been unable to achieve the 15-week abortion ban he has called for with Democrats controlling the state Senate and Republicans controlling the state House.
The art piece by Chicago-based artist Michelle Hartney is a recreation of a historical letter written to Margaret Sanger in the 1920s by a woman seeking birth control. The artist used the letter’s original text and added the trim of Yarrow flowers, a plant historically used to induce miscarriages. The letter was removed by Lewis-Clark State College from an exhibit at its Center for Arts and History.
The state of Idaho has a law that will not even allow an Art Exhibit of Abortion Art in its Universities and Colleges. This is dated from yesterday from the Democrat & Chronicle. Rochester gives haven to censored art, letting people see an abortion health exhibit. The exhibition entitled “Unconditional Care: Listening to People’s Health Needs” is on display through Sept. 21.
An art exhibit censored at an Idaho college because of references to abortion can be seen at the Rochester Contemporary Art Center, known as RoCo.
The exhibition — “Unconditional Care: Listening to People’s Health Needs” — was originally meant to be shown at Lewis-Clark State College Center for Arts and History.
But that school removed six pieces from it. The college cited a 2021 state law that bars public dollars from funding speech that would promote abortion rights, according to the Idaho Capital Sun.
RoCo stepped in to share the exhibition without censorship, and “Unconditional Care” is on display at the Rochester art center through Friday, Sept. 22.
“It’s one of the first examples of art censorship in the post-Rowe era,” said Bleu Cease, RoCo’s executive director. “The artworks are touching on abortion and abortion care, not advocating for it. We’re really proud to support the artist and the overall exhibition and the educational component.”
The show features 11 artists who address various health and medical issues through their lived experiences using diverse art and visual media.
“Unconditional Care” is curated by artist Katrina Majkut, who said she avoided including protest art in the exhibition to help people move past politics and into spaces of empathy and reflection.
“I wanted to make sure that whatever was shown was either rooted in medical accuracy or personal storytelling,” Majkut said during an online discussion hosted by RoCo.
Some of the themes explored in “Unconditional Care” include:
- Maternal mortality rates
- Racial disparity
- Chronic illness
- Body autonomy and safety
Cease said that once news of the censorship went national, he reached out to Majkut, eventually providing her the opportunity to curate an exhibit in Rochester that would give the pulled pieces a platform.
Among the works:
- Majkut’s piece titled “Medical Abortion” is a cross-stitch showing bottles of mifepristone and misoprostol, medicines that will yield a miscarriage.
- Lydia Nobles made three documentary videos from a series titled “As I Sit Waiting,” featuring women describing their abortion experiences.
- Michelle Hartney’s work showcases handwritten letters written in the 1920s by a woman seeking information about birth control from Planet Parenthood founder Margaret Sanger.
“The show is really not about abortion, but abortion gets all the attention because the issue is so divisive,” Cease said. “The common thread with all the artworks in the exhibition is that they relate to the human right to health wellness and body autonomy, especially in the U.S.”
We’re not well, America.
What’s on your reading and blogging post today?
(p.s. I’m sorry this took so long. It took a lot out of me today to write this. I’ve spent the week feeling unable to do any good for any life circumstances. Please keep my personal stories here, especially the current one.)
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