Lazy Caturday Reads: Trump is in Serious Trouble This Time.

Happy Caturday!!

db84f474e2a1f1bef266231e4bc86b5cYesterday was truly a momentous day in the Trump saga. Trump has been hit a damaging blow to his identity as a successful businessman.

Judge Arthur Engoron ordered him to pay $355 million dollars penalty for defrauding banks, insurance companies, and taxpayers. In addition, he will have to pay 9 percent interest on the disgorgement. Nearly $100 million in interest is already owed and the interest will continue to accrue as long as he hasn’t paid up.

On top of the financial judgement, Trump will not be able to do business in New York, including borrowing from banks, for 3 years.

Jonah E. Bromwich and Ben Protess at The New York Times: Trump Fraud Trial Penalty Will Exceed $450 Million.

A New York judge on Friday handed Donald J. Trump a crushing defeat in his civil fraud case, finding the former president liable for conspiring to manipulate his net worth and ordering him to pay a penalty of nearly $355 million plus interest that could wipe out his entire stockpile of cash.

The decision by Justice Arthur F. Engoron caps a chaotic, yearslong case in which New York’s attorney general put Mr. Trump’s fantastical claims of wealth on trial. With no jury, the power was in Justice Engoron’s hands alone, and he came down hard: The judge delivered a sweeping array of punishments that threatens the former president’s business empire as he simultaneously contends with four criminal prosecutions and seeks to regain the White House.

Justice Engoron barred Mr. Trump for three years from serving in top roles at any New York company, including portions of his own Trump Organization. He also imposed a two-year ban on the former president’s adult sons and ordered that they pay more than $4 million each. One of them, Eric Trump, is the company’s de facto chief executive, and the ruling throws into doubt whether any member of the family can run the business in the near term.

The judge also ordered that they pay substantial interest, pushing the penalty for the former president to $450 million, according to the attorney general, Letitia James.

Medieval cat1In his unconventional style, Justice Engoron criticized Mr. Trump and the other defendants for refusing to admit wrongdoing for years. “Their complete lack of contrition and remorse borders on pathological,” he said.

He noted that Mr. Trump had not committed violent crimes and also conceded that “Donald Trump is not Bernard Madoff.” Still, he wrote, “defendants are incapable of admitting the error of their ways.”

Mr. Trump will appeal the financial penalty but will have to either come up with the money or secure a bond within 30 days. The ruling will not render him bankrupt, because most of his wealth is in real estate, which altogether is worth far more than the penalty.

Mr. Trump will also ask an appeals court to halt the restrictions on him and his sons from running the company while it considers the case. In a news conference from his Palm Beach, Fla., home, Mar-a-Lago, on Friday evening, he attacked Ms. James and Justice Engoron, calling them both “corrupt.”

The bond he has to post would be greater than the total judgment plus the interest. The same requirement holds if Trump wants to appeal the $18.3 million judgment in the E. Jean Carroll case.

Trump will also be under the thumb of Barbara Jones, the independent monitor the judge appointed to oversea the Trump Organization’s business. He will have get her permission for any large transfers of money.

But there might be little Mr. Trump can do to thwart one of the judge’s most consequential punishments: extending for three years the appointment of an independent monitor who is the court’s eyes and ears at the Trump Organization. Justice Engoron also strengthened the monitor’s authority to watch for fraud and second-guess transactions that look suspicious.

Mr. Trump’s lawyers have railed against the monitor, Barbara Jones, saying that her work had already cost the business more than $2.5 million; the decision to extend her oversight of the privately held company could enrage the Trumps, who see her presence as an irritant and an insult.

Mark Joseph Stern and Alexander Sammon at Slate: Trump and His Family Are Fined $355 Million for Fraud—and a Lack of Remorse That “Borders on Pathological.” The ruling, if upheld, marks the end of the Trump Organization as we know it.

New York Supreme Court Justice Arthur Engoron ordered Donald Trump to pay $355 million in fines for business fraud in an excoriating decision on Friday that also imposes major penalties on the former president’s family and business associates. Both Eric Trump and Donald Trump Jr. are each liable for $4 million, while former CFO Allen Weisselberg is on the hook for $1 million.

The ruling, if upheld, marks the end of the Trump Organization as we know it: Engoron barred Trump from serving as an officer in any New York corporation or legal entity for three years, and prohibited him from applying for loans from any financial entity in the state. The judge has effectively hobbled the entire Trump corporate empire….

During trial, members of the Trump family took the stand to defend their father’s business dealings, with little success; Engoron declined to credit their testimony in his Friday opinion, noting that Eric Trump actually reversed himself on the stand after evidence emerged that he had lied under oath. Trump himself took the stand, as well, assuming a combative and antagonistic pose toward the judge, whom he publicly derided as a partisan hack. The former president, Engoron wrote in his Friday opinion, “rarely responded to the questions asked, and he frequently interjected long, irrelevant speeches on issues far beyond the scope of the trial. His refusal to answer the questions directly, or in some cases, at all, severely compromised his credibility.”

cec9db06283eaa9fb19497cc82352a15This theme of mendacity and impenitence ran throughout Engoron’s ruling. In a remarkable passage, he wrote that the Trump family’s “complete lack of contrition and remorse borders on pathological. They are accused only of inflating asset values to make more money. The documents prove this over and over again. … Defendants are incapable of admitting the error of their ways. Instead, they adopt a ‘See no evil, hear no evil, speak no evil’ posture that the evidence belies.” This refusal to admit to their unlawful misdeeds persuaded Engoron that they “will engage in [fraud] going forward unless judicially restrained.” He therefore affirmed his earlier decision to have an independent monitor, the retired judge Barbara Jones, oversee the business’s finances and assets.

The $355 million penalty is, to put it mildly, substantial, and not the first time this year Trump has been ordered by a court to cut a check with two commas and at least seven zeroes on it. Just last month he was ordered to pay out over $83 million after losing the defamation case brought by the writer E. Jean Carroll. That was actually the second penalty Trump was compelled to pay her: A New York jury previously found that Trump sexually assaulted and defamed Carroll, awarding her $5 million in damages.

Some quick back-of-the-envelope math here shows just how dire the self-proclaimed multibillionaire’s financial situation is getting. Reporting from late October pegged Trump’s cash holdings at $425 million. This most recent penalty from New York state, combined with the two verdicts in the Carroll cases, tally to $438 million. And actually, it’s worse than that, since Engoron stipulated that Trump is prohibited from borrowing money from any New York bank for the next three years. That ban will handicap his attempt to appeal. Moreover, New York law could force him to pay a hefty 9 percent interest rate on the judgment, which would push the original $355 million north of $450 million.

Trump will undoubtedly appeal Friday’s decision, and he is not required to post bond while he does so. However, if he fails to post bond, the state can begin collecting on the judgment in 30 days’ time. At that point, Attorney General James can seize Trump’s assets, including real property; in other words, his real estate holdings in New York, like Trump Tower, are vulnerable to seizure and potential sale.

Can Trump raise this kind of money without selling one of his properties? From Erica Orden at Politico: Can Trump pay? What if he doesn’t? Here’s what to know about Trump’s massive civil judgments.

seven-figure verdict, an eight-figure verdict and, now, a nine-figure verdict.

Donald Trump has been hit with all three in the past nine months, with Friday’s $354 million penalty for New York business fraud by far the most massive.

He is now on the hook for over $440 million in civil judgments as he heads toward the Republican nomination — and as he prepares for one or more criminal trials this year….

Trump’s company isn’t public, and he has famously refused to disclose his tax returns, so his cash flow situation is shrouded in mystery.

ugly-cat15Even if he has $440 million in cash on hand — and it’s far from clear that he does — paying the judgments could wipe out his accounts, since Trump himself has placed his cash reserves in the ballpark of that amount.

Trump claimed in a deposition last year that he had “substantially in excess” of $400 million in cash on hand….

But it’s unclear whether that number is accurate. That deposition, after all, was part of the very lawsuit in which a judge found that Trump has repeatedly inflated his net worth.

If he doesn’t have enough cash on hand, would he have to sell properties?

Trump would likely have to sell something, although it wouldn’t necessarily have to be property. He could sell investments or other assets.

But what if he outright refuses to pay up?

In the civil fraud case, which is in New York state court, if Trump can’t post the funds or get a bond, then the judgment would take effect immediately and a sheriff could begin seizing Trump’s assets.

The rules are slightly different in federal court, which is the venue for the $83.3 million judgment that Trump owes for defaming the writer E. Jean Carroll after she accused him of raping her. (He also owes Carroll an additional $5 million from a separate verdict last year.) Carroll could pursue post-judgment discovery under the jurisdiction of the judge who oversaw the trial. Through that process, the judge could order Trump to produce his bank account records, place liens or garnish his wages.

“I think he’s going to have to pay. And whether it requires him to sell or to put a lien on something to get a loan, that’s his problem, not ours. He’s going to pay,” Carroll’s attorney Roberta Kaplan said on CNN last month.

The judge, Kaplan added, will use “judgment enforcement mechanisms” to “make sure that he pays.”

If Trump truly can’t afford the judgments, he would have to declare bankruptcy.

He also can’t postpone payments while he appeals. He would have to post bond of 120-125 percent of the total owed first. In other words, Trump is totally screwed. The only thing that could help him is that he can use PAC money to pay. But can his MAGA morons afford that much?

What does this financial disaster mean for Americans? After all, Trump is running for the Republican presidential nomination. Abdallah Fayed at Vox: Trump is suddenly in need of a lot of cash. That’s everyone’s problem.

Two recent verdicts have now left Donald Trump on the hook for nearly half a billion dollars….

For a well-connected billionaire, that might usually amount to nothing more than a temporary inconvenience; after all, Trump could always liquidate some of his assets or borrow even more money to cover his short-term obligations.

But Trump isn’t just one of the country’s richest men, with an estimated net worth in the low billions; he’s also running to serve a second term as president of the United States. And for any candidate for public office — let alone the presidency — being cash-strapped while owing such significant amounts of money could be a serious liability.

“It’s pretty scary from an ethics perspective,” said Virginia Canter, the chief ethics counsel at the Citizens for Responsibility and Ethics in Washington, a nonpartisan watchdog group that has chronicled Trump’s abuses of power and filed lawsuits against him.

138f5baf6ff240fa6b3202f161461a31You don’t have to look far to find the reasons why. Trump’s first term was riddled with conflicts of interest, and that’s in no small part because of his financial well-being (or lack thereof, depending on how you look at it). At the time that he tried to overturn the 2020 election, he was hundreds of millions of dollars in debt, largely stemming from loans to help rehabilitate his struggling businesses, and most of which would be coming due over the subsequent four years. Throughout his presidency, he refused to divest from his businesses, which made millions of dollars in revenue from taxpayers and continued to do work with other countries while he was in office — a practice he indicated he would repeat in a second term.

The fact that he has so many entanglements with big businesses and other nations leaves plenty of room for things to go awry. That’s why a 2020 New York Times exposé uncovering his staggering debt during his first term wasn’t just embarrassing for Trump, who has a tendency to claim he’s richer than he actually is. It also raised fears about how his debt could implicate national security.

As the former head of the Justice Department’s National Security Division told Time magazine in 2020, “For a person with access to U.S. classified information to be in massive financial debt is a counterintelligence risk because the debt-holder tends to have leverage over the person, and the leverage may be used to encourage actions, such as disclosure of information or influencing policy, that compromise U.S. national security.”

Read the rest at Vox.

Finally, if you’d like a deep dive on Trump and how he took the vast fortune his father left him and fucked up so badly, there’s a fascinating article at The Guardian by Sidney Blumenthal: Trump’s hubris has brought about the downfall of his family’s business empire.

More stories to check out today:

The New York Times: Trump Allies Plan New Sweeping Abortion Restrictions.

The Washington Post: Trump’s anger at courts, frayed alliances could upend approach to judicial issues.

Politico: ‘I Have to Say Goodbye. But I Don’t Want to Go to Jail.’ One of Navalny’s closest friends mourns his death, and Russia’s future.

Press Release from DOJ: Justice Department Transfers Approximately $500,000 in Forfeited Russian Funds to Estonia for Benefit of Ukraine.

Politico: Biden, lawmakers hammer Ukraine aid holdouts after Navalny death.

The Hill: GOP House chair: Johnson has no way out of Ukraine floor vote.

Los Angeles Times: Opinion: I’m an American doctor who went to Gaza. What I saw wasn’t war — it was annihilation, by Ifran Galaria

The Milwaukee Journal: Wisconsin fake elector tells ‘60 Minutes’ he was afraid of Trump supporters.

What do you think about all this? What other stories have captured your interest?


Finally Friday Reads: Is it possible to be Overwhelmed and Underwhelmed at the same time?

“Republicans, any minute now… ” John Buss @repeat1968

Good Day, Sky Dancers!

I’ve been blogging long enough to remember Fridays as a quiet news day.  We’re facing President’s Day on Monday. We can’t talk about Presidents these days without the overwhelming need for lawyers. This is crazy. I feel like I’m watching a TV Lawyer Drama.  My mother loved them, so I remember everyone from Perry Mason to the Law and Order series.  Real-life court drama is far whackier than I ever thought.  Just think, I was called for jury duty this month. I can think of a few states that are probably running out of jurors by now.

I’m watching the Fulton County District Attorney’s father testifying why Black Americans keep cash on hand.  He’s retelling a story about the time he had a Fellowship at Harvard, and a restaurant nearby would not take any of his credit cards. The store even displayed an AmEx sign, but they would not take his. This happened when Fanni was 3. This is another story from Black America that Wipipo must see.

I’m not sure you watched her yesterday, but she left her accusers looking pretty bad. This is from Talking Points Memo. “Fani Willis Endures Disrespect, Racist Tropes, And Public Humiliation.”  It’s written by David Kurtz.

The smoldering confrontation in an Atlanta courtroom between District Attorney Fani Willis and the coterie of Trump co-defendants had so many layers of gender, race, and power dynamics that it felt like a theatrical production in which the playwright got a little too exuberant and ended up with an over-the-top script.

Any playwright would die for Willis’ meme-a-minute dialogue, throwing off lines so memorable and original that it was hard to keep up:

“A man is not a plan.”

“I’m not going to emasculate a black man.” (Oh, but she did.)

“I’m not a hand holder.”

The hearing was ostensibly about whether her romantic relationship with the special prosecutor she hired to manage the RICO election interference case was disqualifying. But that was a thin veil over the roiling cauldron of disrespect, racist tropes, and public humiliation that the defendants were indulging in.

Willis came in red hot, literally running from her office to the courtroom when it was her time to testify. She took over the room. She raised and waived objections from the witness chair. She refused to be led down primrose paths by defense counsel. She talked over everyone: defense counsel, the judge, and her own team. I couldn’t help but think that Trump himself would secretly admire her command and bravura.

But it wasn’t the performative high dudgeon that Bill Clinton patented and every politican since has doubled down with. It was the seething, barely controlled anger of a Black woman put in a position none of her white male counterparts have had to endure, at the hands of a criminal defendant no less. White prosecutors have used the power of the law to torment Black people for centuries, but a Black woman becomes prosecutor and finds herself tormented by white criminal defendants.

The author concludes thusly.

Most of the news coverage elided the racial and gender power dynamics at play. But Black people recognize this modern day spectacle of demeaning and dehumanizing treatment: Willis’ personal life scrutinized, her sex life exposed to public ridicule, her ways of handling money and relationships treated not as a difference of culture or social class but as unethical and disqualifying. And racists recognize it, too! Fox News was beside itself with the spectacle. To take one example, actually just one word: “pedigree.”

I think that when young women see this, they will have their Anita Hill Moment.  We still have a long way to go before women, and black women, in particular, are not singled out for things that white men basically do all the time. It’s only a problem when anyone else does it.

All of this is part and parcel of the Legal Clowns around Trump and his criminal and insurrectionist cronies. We all have to watch people get sullied so that Donald Trump looks like he’s not alone with his inappropriate, criminal, and traitorous behaviors. As I said, yesterday was a display of  Law and Republican Disorder. Hunter Biden should consider a large number of civil suits over this one.  The headline and story are from the AP. “FBI informant charged with lying about Joe and Hunter Biden’s ties to Ukrainian energy company.  This guy was the center of attention for right-wing media for weeks and months. Sean Hannity considered his testimony to be the smoking that would lead to the impeachment of Joe.  Well, their guy’s a bigger liar than Trump, and he’s in trouble.

An FBI informant has been charged with fabricating a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company, a claim that is central to the Republican impeachment inquiry in Congress.

Alexander Smirnov falsely reported to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016, prosecutors said in an indictment. Smirnov told his handler that an executive claimed to have hired Hunter Biden to “protect us, through his dad, from all kinds of problems,” according to court documents.

Prosecutors say Smirnov in fact had only routine business dealings with the company in 2017 and made the bribery allegations after he “expressed bias” against Joe Biden while he was a presidential candidate.

Smirnov, 43, appeared in court in Las Vegas briefly Thursday after being charged with making a false statement and creating a false and fictitious record. He did not enter a plea. The judge ordered the courtroom cleared after federal public defender Margaret Wightman Lambrose requested a closed hearing for arguments about sealing court documents. She declined to comment on the case.

This headline from NBC explains the Trump Legal Team’s decision to not take his residential immunity charges to the Supreme Court last night.  I guess he can delay things more, but here’s the analysis by Lawrence Hurley. “Trump opts against Supreme Court appeal on civil immunity claim over Jan. 6 lawsuits.  The decision not to seek high court review means cases brought against Trump over Jan. 6 can move forward in district court, although he can still mount an immunity defense.”  In other words, we still get to hear his whiny, irritating voice say they took A-WAY my prezidental immunity.

Lawsuits seeking to hold Donald Trump personally accountable for his role in the Jan. 6 attack on the Capitol can move forward after the former president chose not to take his broad immunity claim to the Supreme Court.

Trump had a Thursday deadline to file a petition at the Supreme Court contesting an appeals court decision from December that rejected his immunity arguments, but he did not do so.

The appeals court made it clear that Trump could still claim immunity later in the proceedings in three cases brought by Capitol Police officers and members of Congress.

“President Trump will continue to fight for presidential immunity all across the spectrum,” said Steven Cheung, a Trump spokesman.

The civil lawsuits against Trump are separate from the criminal case against him that also arose from Jan. 6. On Monday, Trump asked the justices to put that case on hold on immunity grounds.

Trump’s lawyers argued that any actions he took on Jan. 6 fall under the scope of his responsibilities as president, thereby granting him immunity from civil liability. The U.S. Circuit Court of Appeals for the District of Columbia rejected that argument, ruling that Trump was acting in his role as a political candidate running for office, not as president.

We’re expecting today’s ruling on the civil Fraud case in New York State’s District Court.  This is from The Guardian. “Ruling expected in Donald Trump’s $370m New York fraud trial. Judge delayed ruling to set fine in trial over Trump’s New York business dealings after late-breaking information came to light.”  Live updates to the site are ongoing.

A judge is expected to rule on whether Donald Trump should pay a $370m fine in his New York fraud trial and face a lifetime ban from the New York real estate industry.

The New York attorney general’s office sued Trump for inflating the value of his assets on government financial statements. Trump’s adult sons, Donald Trump Jr and Eric Trump, and two former Trump Organization executives, Allen Weisselberg and Jeff McConney, are also defendants in the case.

The New York AG’s office initially asked for $250m in disgorgement, or the amount of money that was wrongfully profited after Trump fudged his net worth. In their written closing arguments in January, prosecutors ended up bumping up their disgorgement figure to $370m.

Prosecutors are also asking the judge, Arthur Engoron, to ban Trump from the New York real estate industry. It’s a similar punishment to that which a New York federal court meted out to “pharma bro” Martin Shkreli after he was found guilty of price-gouging a life-saving drug. Prosecutors in the Trump case cited the Shkreli ruling as an example of what they see as a fitting punishment for Trump.

The fine and a ban would be on top of the punishment Engoron instructed in his September pre-trial ruling, when he ordered the cancellation of Trump’s business licenses. Trump, who has denied any wrongdoing, has appealed that ruling and will undoubtedly appeal a second guilty verdict.

Lara Trump won’t back down as she debuts her latest hit! John Buss @repeat1968

Tick Tock, Mother Fucker!  There are some other related Trump drama/trauma. Headlines include Lara Trump as RNC chair.

I think we all can agree that we’ve just had enough of him and want him to go away no matter what it takes!

Just one last sad note today.  This is from Jim Heintz, writing at the  Associated Press. “Alexei Navalny, the fiercest foe of Russia’s Putin, has died, Russian authorities say.”

Alexei Navalny, who crusaded against official corruption and staged massive anti-Kremlin protests as President Vladimir Putin’s fiercest foe, died Friday in the Arctic penal colony where he was serving a 19-year sentence, Russia’s prison agency said. He was 47.

The stunning news — less than a month before an election that will give Putin another six years in power — brought renewed criticism and outrage directed at the Kremlin leader who has cracked down on all opposition at home.

Putin may have killed him, but Navalny’s memory will live on in the hearts and minds of many.

What’s on your reading and blogging list today?


Wednesday Reads

Good Morning!!

Winter landscape2 Pablo Picasso

Winter landscape, by Pablo Picasso

Yesterday, the Boston area was supposed to get up to a foot of snow. For several days, meteorologists predicted a huge winter storm was on the way. They were confident it would happen. But at the last minute, Mother Nature changed her mind. There was a big storm, but its path shifted to the South, and guess what we got where I live? Nada. Some sleet and rain.

I really love snowstorms, and I was looking forward to this one. In addition, the entire Boston school system was shut down and many businesses closed for the day. That has to be expensive, right?

We’ve had several of these failed predictions this winter. What is the problem? Are meteorologists predicting these storms too many days ahead? I don’t know. But I’m disgusted. I’m never believing their forecasts again. There is supposedly another snowstorm on the way. I’ll believe it when I see it.

On with today’s reads.

Yesterday’s Special Elections

Democrats got some good news last night as they won special elections in New York and Pennsylvania.

The Washington Post: Suozzi wins New York special election, replacing George Santos.

Democrat Tom Suozzi won a hotly contested special election for Congress on Tuesday, the Associated Press projected, retaking a seat in suburban New York and offering his party some reassurance amid high anxiety about President Biden’s political vulnerabilities.

Suozzi beat Republican nominee Mazi Pilip to replace Republican George Santos, who was indicted on a charge of fraud and then expelled from Congress late last year amid revelations that he fabricated much of his life story. The race for New York’s 3rd District — long viewed as a dead heat — played out in a suburban part of Long Island that favored President Biden by eight points in 2020 but then swung toward Republicans, backing Santos by the same margin.

With more than 93 percent of the vote counted early Wednesday, Suozzi led Pilip by nearly eight percentage points.

National issues dominated the campaign, making Tuesday’s vote this year’s first high-profile test of the parties’ messages on abortion, the economy and, above all, immigration. Suozzi represented the area for six years previously and campaigned as a moderate who wanted to work across the aisle. But with New York City struggling to absorb more than 100,000 migrants arriving from the southern border, much of the campaign centered on what polling suggests is Democrats’ toughest issue….

In New York, Suozzi’s victory capped a long list of Democratic wins in recent special elections, which have showcased the party’s ability to turn out its base and tap into anger at GOP-backed abortion restrictions since the Supreme Court overturned Roe v. Wade. Democrats spent millions of dollars attacking Pilip’s “pro-life” stance even though she said she would not support a national ban on abortion.

road-in-the-village-of-baldersbronde-winter-day-1912-laurits-anderson-ring

Road in the Village of Baldersbronde, Winter Day 1912, by Laurits Anderson Ring

I’m not sure immigration will be the Democrats’ “toughest issue” anymore, since Republicans in Congress refused to pass an immigration bill that was supported by the Border Patrol Union and the U.S. Chamber of Congress simply because Donald Trump order them to vote no.

Gregory Krieg at CNN: Takeaways from New York’s high-stakes special election.

Democrat Tom Suozzi is heading back to Congress after defeating Republican Mazi Pilip in the special election to replace serial fabulist and expelled former GOP Rep. George Santos. The result will further narrow the GOP’s already thin House majority and hand President Joe Biden’s party a boost as the general election campaign comes into focus….

Both parties poured cash into the race for New York’s 3rd congressional district, but Democrats’ fundraising and registration advantage combined with Suozzi’s brand – he’s spent most of the last 30 years at or around the center of Long Island politics – and a fired-up base, angry over the Santos fiasco, delivered a victory that means the House GOP will now become even harder to corral.

For Pilip, who has vowed to run again in the fall, defeat meant an almost immediate rebuke from Trump, who called her a “very foolish woman” in a social media post Tuesday night. Pilip refused until the final days of the campaign to say whether she voted for Trump in 2020, though she did follow his lead in dissing a highly touted bipartisan Senate border bill – a decision that helped Suozzi tie her more tightly to the former president over the last week….

The campaign was staked on a series of issues from the beginning: immigration, inflation, Israel and abortion. Suozzi talked about reproductive rights but didn’t make it a centerpiece of his campaign. Inflation has mostly leveled out. And there was no political or policy space to speak of between the candidates who both fully backed Israel.

On the immigration issue:

Understanding this, Pilip and Republicans set about hammering Suozzi over the migrant crisis in New York City, claiming he caused it along with Biden – a line that ultimately didn’t quite wash with voters who have long recognized Suozzi as a moderate or centrist. When Pilip suggested he was in league with the progressive “squad,” Suozzi at their debate was prepared.

“For you to suggest I’m a member of the squad,” he said, “is about as believable as you being a member of George Santos’s volleyball team.” (And that was before a knowing reference to Rick Lazio, which only seasoned New York voters would appreciate.)

Most notably, though, Suozzi and state Democratic leaders didn’t repeat their mistakes from 2022. They aggressively countered Pilip’s migrant message and it never felt like the issue, typically a winner for the GOP, put Suozzi on the backfoot.

The weather was a factor in this election. Many Democrats vote early or by mail, while Republicans mostly vote on election day. The snowstorm may have kept Republicans from getting to the polls.

If you’re interested, there’s another good analysis of the NY 3 election by Noah Berlatsky at Public Notice: NY-03 gives Republicans lots to worry about.

Jef-Bourgeau-Super-Moon

Super Moon, by Jef Bourgeau

NBC News on the Pennsylvania special election: Pennsylvania Democrats pad narrow state House advantage with special election win.

Democrats won a state House special election in Pennsylvania on Tuesday night, preserving the party’s narrow majority in the closely watched battleground state, The Associated Press projected.

In the race for the open seat in the 140th state House District, Democrat Jim Prokopiak, a school board member in Bucks County, defeated Republican Candace Cabanas.

Prokopiak’s victory gives Democrats a narrow 102-100 majority in the state House, preventing another tie in the chamber.

The party had a one-seat majority, 102-101, before Democratic Rep. John Galloway resigned after he won a judgeship in November. 

His departure created a tie. But another resignation Friday, by Republican Joe Adams, gave Democrats a fresh 101-100 advantage.

Republicans control the state Senate, while Democrats hold the governorship.

The win in Bucks County — a purple slice of the northern suburbs of Philadelphia — was hailed as positive news by national Democrats, some of whom had viewed the contest as an early bellwether of the party’s fortunes among suburban voters ahead of the 2024 election.

Even the Biden campaign weighed in on the victory, touting it as evidence that Bucks County voters would reject Donald Trump in the fall.

“With control of the state House on the line, Pennsylvanians again defeated Republicans’ anti-abortion agenda and voted for Jim Prokopiak, a Democrat who has stood up for women and working people,” Biden campaign manager Julie Chavez Rodriguez said in a statement.

More News:

House Republicans spent yesterday impeaching Homeland Security Secretary Alejandro Mayorkas based on zero evidence.

David Kurtz at TPM Morning Memo: Congrats On Your Bogus Impeachment, Champ.

The GOP-led House finally got its act together enough to stage an impeachment performance last evening, claiming the scalp of Biden Homeland Security Secretary Alejandro Mayorkas.

The same three Republican members who stymied the effort last week voted against impeachment again, but Rep. Steve Scalise’s return from cancer treatment gave the Speaker Mike Johnson (R-LA) the critical vote he needed to complete the flimsiest impeachment in history:

  • no claims of high crimes or misdemeanors;

  • no evidence of wrongdoing or graft;

  • no shame in using impeachment to salve the hurt feelings of Donald Trump over his two impeachments and to boost Republicans’ signature election year issueimmigration xenophobia.

It’s totally appropriate to categorize these kinds of maneuvers by Republicans as performative or as playing politics or as engaging in political stunts. All true. But it’s also fundamentally an abuse of power. House Republicans are hikacking the levers of power that come with the offices they hold to advance their own partisan political aims and hold on to that power.

Not every example of an alignment between official acts and partisan political advantage is an abuse of power. But when you strip away any ostensibly objective motive for the official act, when you offer no pretense for the official act, when you’re only using the powers of the office to further your own political aims, when you stretch the law and the rules and bend them to your own grubby ends, you’re engaged in abuse of power. When, at the same time, you’re engaging in the wholesale breaking of government and institutions for the sake of it, all you’re left with is politics of the grimy, self-serving, and self-perpetuating variety.

There will have to be a trial in the Senate, but the “impeachment” is dead there. This is disgusting.

Sven Kroner, Hocuspocus

Sven Kroner, Hocuspocus

President Biden condemned Trump’s attack on NATO and his encouragement to Russia to attack our European allies.

BBC News: Biden slams Trump criticism of Nato as ‘shameful.’

President Joe Biden has blasted criticism of Nato by his likely 2024 election challenger, Donald Trump, as “dumb”, “shameful” and “un-American”.

The Democrat assailed Mr Trump for saying he would “encourage” Russia to attack any Nato member that did not meet its defence spending quota.

Mr Biden said the remarks underscored the urgency of passing a $95bn (£75bn) foreign aid package for US allies.

The bill just passed the Senate, but it faces political headwinds in the House.

At the White House on Tuesday, Mr Biden said a failure to pass the package – which includes $60bn for Ukraine – would be “playing into Putin’s hands”.

He said the stakes have risen because of Mr Trump’s “dangerous” remarks over the weekend.

“No other president in history has ever bowed down to a Russian dictator,” Mr Biden said.

“Let me say this as clearly as I can. I never will. For God’s sake. It’s dumb. It’s shameful. It’s dangerous. It’s un-American.”

Lindsey Graham, to his everlasting shame, voted against aid to Ukraine, Israel, and Gaza.

The Washington Post: Lindsey Graham, a longtime foreign policy hawk, bows to Trump on Ukraine.

Last May, Lindsey Graham (R-S.C.) visited Ukrainian President Volodymyr Zelensky in Kyiv, warmly embracing the embattled leader and later urging President Biden to “do more” to help the nation as it fights off Russia’s invasion.

But this week, Graham voted repeatedly against sending $60 billion in aid to that nation as well as against other military funds for Israel and U.S. allies in the Indo-Pacific. The longtime hawk dramatically announced on the Senate floor that he also would no longer be attending the Munich Security Conference — an annual pilgrimage made by world leaders to discuss global security concerns that’s been a mainstay of his schedule.

“I talked to President Trump today and he’s dead set against this package,” Graham said on the Senate floor on Sunday, a day after the former president said at a rally that he would let the Russians do “whatever the hell they want” to NATO allies that did not spend enough on defense. “He thinks that we should make packages like this a loan, not a gift,” Graham said.

Claude Monet_A_Cart_on_the_Snowy_Road_at_Honfleur_1865_or_1867-1024x705

Claude Monet, A Cart on the Snowy_Road at Honfleur, 1865 or 1867

Graham’s about-face on Ukraine aid sends a stark warning signal to U.S. allies that even one of the most aggressive advocates for U.S. interventionism abroad appears to be influenced by the more isolationist posture pervading the Republican Party.

It marked a departure for the senator who was harshly critical of Donald Trump’s “America First” foreign policy when he ran against him for president in 2015, in part on a message of launching a U.S. invasion of Syria. And even as he cozied up to Trump once he became president on numerous other issues, the Air Force veteran continued to criticize Trump on foreign policy, including for wanting to withdraw from Afghanistan and Syria….

The episode has also eroded Graham’s credibility among colleagues who worked closely with him to shape a bipartisan package of border policy reforms that Republicans demanded be attached to the foreign aid in exchange for their votes — only to backtrack and help kill it in the end.

What an asshole.

According to Newsweek, Merrick Garland’s Future Looks Bleak.

Merrick Garland is highly unlikely to serve a second term as attorney general amid mounting criticism of the Biden classified documents report, a law professor has said.

Professor Anthony V. Alfieri, a law professor at the University of Miami in Florida, was reacting to Garland’s appointment of Robert Hur as special counsel to investigate President Biden’s handling of the documents.

Garland has been under pressure for the perceived unfairness of the report and his silence in its aftermath.

The report said that Biden claimed he couldn’t remember details of classified documents he held after leaving the White House as vice president, and would likely claim forgetfulness if put on trial.

“Garland’s lack of fairness in this case, and the ensuing political fallout, renders a second term of service highly unlikely,” Alfieri told Newsweek.

“Attorney General Garland’s appointment of Robert Hur as Special Counsel, despite a notably conservative pedigree and record, is less controversial than Garland’s conclusion that Hur’s report was neither ‘inappropriate’ nor ‘unwarranted’,” Alfieri said.

“That conclusion and his release of the report to the House and Senate Judiciary Committees without addition, redaction, or modification, both explicitly and implicitly approves formally descriptive but substantively gratuitous, ad hominem and politically charged language prejudicial to Mr. Biden.”

Read more at the link.

That’s all I have for you today. What are your thoughts on all this? What stories have you been following?


Mostly Monday Reads: Putin’s Putz

Good Day, Sky Dancers!

We’ve crossed a Rubicon. Trump, Tucker Carlson, and many other Republicans are no longer denying that Putin’s Russia is deeply involved with Republican Politics and Trump’s campaign. The Republicans of my Daddy’s Republican Party are tossing in their graves. It’s essential we take the 2024 elections seriously and that we do not join “The Evil Empire.”

Do you remember Ronald Reagan borrowing that term from Star Wars? It happened a few days before I gave birth to my oldest daughter, and I had just finished my term as the director of the Women’s Festival in Omaha, where I had spent my term meeting Maya Angelou, Betty Friedan, and Kate Millet. We were talking about the future. Reagan’s speech was delivered to the National Association of Evangelicals. This speech frames the frontline of the battle they’d fight in the Culture War, eventually leading to much of the neighbor-versus-neighbor warfare we see today. I won’t mention the number of rights we’ve also lost on that road and journey. The one thing I never would’ve foretold at the time was how cozy Republicans would become with Russians. But then, Putin decided to let American Evangelicals into the country, and that bargain put us on the road to cozying up with everything Republicans used to hate.

“Well, because these “quiet men” do not “raise their voices,” because they sometimes speak in soothing tones of brotherhood and peace, because, like other dictators before them, they’re always making “their final territorial demand,” some would have us accept them at their word and accommodate ourselves to their aggressive impulses. But if history teaches anything, it teaches that simpleminded appeasement or wishful thinking about our adversaries is folly. It means the betrayal of our past, the squandering of our freedom.”

That’s the part of the speech they’ve all conveniently forgotten.

Contrary to the beliefs of many Republicans these days, Russia is not our ally. Putin–the holdover from the age of KGB and the Berlin Wall–was stationed on the Russian side of the Wall in what was East Germany. He was there when the wall fell and was none too happy about it.

Putin’s five-year sojourn in Dresden, which abruptly ended in 1990, has come under renewed scrutiny as the 70-year-old Russian president prosecutes an increasingly brutal and bloody war in Ukraine — a neighboring sovereign state that for the last 16 months has fiercely resisted a total Russian takeover.

Against that backdrop, analysts point to the lingering legacy of Putin’s Dresden years: His determination never to allow domestic dissent to turn to a tidal surge like the one he witnessed. The realization that even a powerful elite wielding a ruthless police apparatus could suddenly find itself vulnerable. His grievance-laced dreams of a Russian empire greater than the one that slipped away before his eyes.

“It was an important time in his life,” said Douglas Selvage, a historian who works at the main Berlin archive of the Stasi, the onetime East German secret police. “It probably contributed to his sense of how everything could fall apart.”

The Wall fell on my youngest daughter’s literal birth day. This is from the BBC. “Nato chief says Donald Trump comments ‘undermine all of our security.”

Addressing crowds during a rally in South Carolina on Saturday, Mr Trump said he had made his comments about Russia during a previous meeting of leaders of Nato countries.

The former president recalled that the leader of a “big country” had presented a hypothetical situation in which he was not meeting his financial obligations within Nato and had come under attack from Moscow.

He said the leader had asked if the US would come to his country’s aid in that scenario, which prompted him to issue a rebuke.

“I said: ‘You didn’t pay? You’re delinquent?’… ‘No I would not protect you, in fact I would encourage them to do whatever they want. You gotta pay.’

The frontrunner for the Republican nomination for this year’s presidential election did not make clear which nation or leader he was speaking about, or even when this conversation took place.

According to Nato’s own figures for 2023 spending, 19 of its 30 member nations are spending below the target of 2% of their annual GDP on defence – among them Germany, Norway and France.

But most countries which border Ukraine, Russia, or its neighbour and ally Belarus, are exceeding this guideline.

At over 3.9% of its annual GDP, Poland spends even more than the US. Romania, Hungary, Finland and the Baltic states of Latvia, Lithuania and Estonia range between 2.3 and 2.7% for defence expenditure.

Donnie Dotard appears to believe that NATO is like Mar-a-Lardo, where you pay to play. It should be noted that Germany is stepping up to support Ukraine. Anyone sitting in Berlin is aware that 1989 is not that long ago. Meanwhile, the press is drumming up a Biden Fitness crisis that reeks of “but her Emails.” This is from Sam Meredith, who wrote this for CNBC. “Trump’s NATO comments stir up a political storm as Russia keeps quiet.” Who’s the puppet now, Donnie?

Former U.S. head of state and presidential candidate Donald Trump stoked the ire of U.S. lawmakers and international leaders, after remarking he would not protect NATO countries from Russian attacks if they lag on their membership payments.

Speaking at a rally in South Carolina on Saturday, Trump said that, as president, he warned NATO allies that he “would encourage” Russia “to do whatever the hell they want” to a member country that didn’t meet its defense spending guidelines.

Trump, who has a long history of criticizing the trans-Atlantic military alliance, recounted a time when an unspecified president of a NATO member challenged him on his threat not to defend them from a potential Russian invasion if they failed to meet NATO’s target of spending at least 2% of their gross domestic product on the military.

“You didn’t pay, you’re delinquent. … No, I would not protect you. In fact, I would encourage them to do whatever the hell they want. You got to pay. You got to pay your bills,” Trump said.

The U.S. has historically had the largest number of military personnel out of all NATO countries, counting 1.35 million troops in 2023, according to Statista.

Trump has been accused of entertaining close ties with Russia during his first presidential mandate. The Kremlin declined to address Trump’s remarks.

Does anyone other than me find it ironic that the man who never pays his lawyers–at least from his own pocket–and files bankruptcy constantly to avoid paying bills is chiding our allies over the level of their financial commitments to their own safety?

Tucker Carlson discovers Putin is spooky, John Buss, @repeat1968

I’m not the only old-school blogger unnerved by all of this. Here’s Digby writing at Salon. “Donald Trump and Tucker Carlson gave Putin exactly what he wants. It is no coincidence that Trump made his biggest threat against NATO right after Tucker Carlson sat with Putin.”

As we all know, the biggest story in the world is the breaking news that President Joe Biden is old. Sure 9/11 was something of a big deal and the war in Iraq and the global pandemic required all of our attention for a time, but this is the most important news of our lifetime, maybe anyone’s lifetime and there’s no telling when, or if, the nation will ever recover. Still, it’s probably important to at least pay a tiny bit of attention to other things happening in the world just in case they might also be affected by Biden’s age in some way.

In fact, we probably should be just a little bit curious about what former Fox News celebrity Tucker Carlson was doing in Moscow last week interviewing Russian president Vladimir Putin. Carlson has demonstrated his affinity for Putin for years now and is commonly extolled on the Russian state television channels as a model American with all the right ideas. Back in March of 2022, Mother Jones obtained a copy of a Kremlin memo with talking points for the media:

“It is essential to use as much as possible fragments of broadcasts of the popular Fox News host Tucker Carlson, who sharply criticizes the actions of the United States [and] NATO, their negative role in unleashing the conflict in Ukraine, [and] the defiantly provocative behavior from the leadership of the Western countries and NATO towards the Russian Federation and towards President Putin, personally,” advises the 12-page document written in Russian. It sums up Carlson’s position: “Russia is only protecting its interests and security.” The memo includes a quote from Carlson: “And how would the US behave if such a situation developed in neighboring Mexico or Canada?”

(People like Carlson used to be called “useful idiots.”) Russian state media has followed those instructions and for the past two years has featured Carlson’s commentary regularly. It’s therefore not all that surprising that he would be granted the coveted interview with Putin.

As it turns out the interview ended up mostly being a twisted history lesson from Putin with Carlson sitting there like a potted plant with a feigned fascinated expression on his face. The point of Putin’s tutorial was to explain why Russia has every right to invade Ukraine and anywhere else he might fancy. Putin went to great pains to explain why it was the victims of WWII who made Hitler do what he did, specifically the people of Poland, whom Putin blamed for balking at Hitler’s invasion of its country. The entire thrust of the conversation was a very thinly veiled threat to invade Poland. The Polish government certainly heard it that way.

This is a pithy analysis. Please go read it! Marcie of Emptywheel has similar thoughts. “CALL AND RESPONSE: PUTIN DEMANDED GREATER RUSSIA AND TRUMP AGREED.”

Over the weekend, Putin and Donald Trump seem to have come to public agreement that, if elected in November, Trump would help Putin pursue Greater Russia.

In his session with Tucker Carlson, after all, Putin corrected the propagandist, informing him that, no, he didn’t invade Ukraine because of concerns about NATO expansion, but because he considers Ukraine — and much of Eastern Europe — part of Greater Russia. He subjected Tucker to a half hour lesson in his, Putin’s, mythology about Russia.

Tucker Carlson:Mr. President, thank you.

On February 24, 2022, you addressed your country in your nationwide address when the conflict in Ukraine started and you said that you were acting because you had come to the conclusion that the United States through NATO might initiate a quote, “surprise attack on our country”. And to American ears that sounds paranoid. Tell us why you believe the United States might strike Russia out of the blue. How did you conclude that?

Vladimir Putin:The point is not that the United States was going to launch a surprise strike on Russia, I didn’t say so. Are we having a talk show or serious conversation?

Tucker Carlson:That was a good quote. Thank you, it’s formidably, serious!

Vladimir Putin: Your education background is in history, as far as I understand, right?

Tucker Carlson: Yes.

Vladimir Putin: Then I will allow myself – just 30 seconds or one minute – to give a little historical background, if you don’t mind.

Tucker Carlson: Please.

Vladimir Putin: Look how did our relations with Ukraine begin, where does Ukraine come from.

[snip]

Tucker Carlson: May I ask… You are making the case that Ukraine, certain parts of Ukraine, Eastern Ukraine, in fact, has been Russia for hundreds of years, why wouldn’t you just take it when you became President 24 years ago? Your have nuclear weapons, they don’t. It’s actually your land. Why did you wait so long?

Vladimir Putin: I’ll tell you. I’m coming to that. This briefing is coming to an end. It might be boring, but it explains many things.

And then, within a day, Trump told a fabricated story that served to promise that not only wouldn’t he honor America’s commitment to defend NATO states, but would instead encourage Russia to do “whatever they hell they want.”

I’m mad at the New York Times Op-Ed Editor who let the page run away with the Biden Fitness weirdness, but I’ll use this link anyway. This is from Peter Baker. “Trump, Putin, Carlson and the Shifting Sands of Today’s American Politics. An interview with Russia’s leader and congressional resistance to aid for Ukraine underscore the transformation of the parties and electorate in the United States more than three decades after the Cold War.” Remember, I’m old enough to have lived through the damned Cold War.

With the help of a populist former Fox News star and America’s richest man, Mr. Putin has gained a platform to justify his actions even as Russian and American journalists languish in his prisons. His favored candidate is poised to win the Republican presidential nomination while Congress weighs abandoning Ukraine to the tender mercies of Russian invaders.

Mr. Putin’s filibuster-style appearance with Tucker Carlson on Elon Musk’s social media platform amid the security aid debate on Capitol Hill driven by Donald J. Trump offers a moment to reflect on the head-spinning transformation of American politics in recent years. A Republican Party that once defined itself through muscular resistance to Russia has turned increasingly toward a form of neo-isolationism with, in some quarters, strains of sympathy for Moscow.

Instead of a ruthless autocrat seeking to conquer territory through the most violent war in Europe since the Nazis fell, Mr. Putin has made himself into something of a like-minded ally of certain right-wing forces in the United States, not least of all Mr. Trump, who praised his aggression as “genius” just before Russian forces stormed across the border into Ukraine in 2022. And Mr. Putin seems to be prevailing in the American capital in a way that would have once been unthinkable, with the help of a party that still pays homage to Ronald Reagan.

“For Putin, it’s a manifestation of the American weakness,” said Yevgenia Albats, an independent Russian journalist who moved to the United States last year after threats of prosecution. To Mr. Putin, she said, the Carlson interview proves that “Americans realized that they lost the war with him” and were “sending him a close-to-the-next-president envoy to confirm his success.” It also serves a domestic purpose for Mr. Putin, she added. “It is a message to elites, who are arguing the cease-fire: You see, Americans blinked.”

American politics did not need Mr. Putin to roil it. The rise of nativism, populism and polarization are homegrown phenomena with historical roots. After decades of a rough Cold War bipartisan consensus on America’s role in the world, globalization, mass immigration and foreign wars have discredited the old thinking for many and opened the door to figures like Mr. Trump, whose promise to put “America first” resonated in broad swaths of the country.

That’s not blinking. That’s batting your eyelashes at fascism and a fascist dictator. Carlson is great at that.

Mr. Carlson is among those who have grown more willing to listen and convey Russia’s message to Americans. As others have noted, Mr. Carlson used to refer to Mr. Putin as the “Russian dictator” who is “in league with our enemies,” but now he argues that Moscow has been misunderstood, or at least not heard. His commentaries assailing Ukraine have been gleefully repeated on Russian state media.

In a video explaining his decision to interview Mr. Putin, Mr. Carlson asserted that Americans and other English-speaking people were unaware of what was really happening regarding the war in Ukraine. “No one has told them the truth,” he said. “Their media outlets are corrupt. They lie to their readers and viewers.”

I guess he’s still reeling from his latest pink slip from Faux News. I had two students in one of my econ classes back in the 80s who obsessively worried and thought about Russia. It’s probably because Reagan was constantly beating a drum about them. One day, I put down the chalk and told them that if modern history teaches us anything, civil wars come along, and things change when people spend a lot of time in line for food and clothing. I mentioned the USSR hadn’t been in existence long enough to figure out who it was and that Stalin was dead. Just wait a few years. I wish I could talk to them both today. Because I guaranteed them a Russian Civil War by the end of the century. They beat me to that date. Plus, Putin is not what you would call a charismatic leader. He came close to being ousted by a crony not that long ago.

I now apply that logic to the US. January 6 was a canary; we still live in a coal mine. We need to be alert on this one. It wasn’t a tourist visit. It wasn’t a riot. It was an American President attempting a self-coup. Putin may be in over his head, but the Republicans are back there, lost in the woods. We have seen the enemy, and he is us.

So, what’s on your reading and blogging list today?


Lazy Caturday Reads

Happy Caturday!!

Utagawa Kuniyoshi

By Utagawa Kuniyoshhi

Yesterday the press again focused on the Hur report that found no crimes in President Biden’s inadvertent possession of classified documents from his time as Vice President. But reporters only cared about one tiny portion of the report, in which Hur said Biden would be sympathetic to a jury because he comes across as a “well meaning elderly man with a poor memory.”

The gossip columnists at the NYT and WaPo were out in force. I’m not going to dignify these yellow journalists by excerpting their articles. It’s James Comey in 2016 all over again, except that the Hur report didn’t come out less than 2 weeks before the November election.

Meanwhile, the mainstream media overlooks Trump’s confusion, verbal flubs, and inability to form coherent sentences. Just last night he gave a speech full of examples of his cognitive issues.

David McAfee at Raw Story: ‘Yikes’: Internet erupts after ‘Dementia Trump’ makes several verbal slip-ups at NRA rally.

The former president slurred when saying the word “subsidies,” said “dino-dollars” instead of “dollars,” and even said he doesn’t like being frontpage news every time he “said one word a little bit mispronunciation.” He also said that three years ago things were great, despite that being when Joe Biden became president, and he claimed twice there were no terror attacks during his tenure as president. He also said that Biden hasn’t spoken in months despite him addressing the press last night.

The flubs drew wide criticism from online onlookers.

Democratic youth activist Harry Sisson, in response to the ex-president’s “subsidies” flub, said, “Yikes.”

“Trump is slurring his speech again claiming that ‘Rich people are given $7,000 subsies.’ Uh…subsies?” he asked. “I’m not sure what that is and I don’t think anyone else does either. He can’t say subsidies properly so he must have dementia. Right, Republicans?”

Regarding the “subsies,” former prosecutor Ron Filipkowski said, “Dementia Trump is staring at the teleprompter, pauses to think about it, and still can’t say it.”

In yet another instance pointed out by the Biden-Harris HQ account on social media, Trump “gets distracted with bizarre story.”

“I know all about the marbles. I can tell you every marble,” Trump said.

Trump also appeared to mistake what day it was, saying, “If I wasn’t here, I’d be having a nice Saturday afternoon.” He said that, of course, on a Friday. This one was also picked up by Biden-Harris HQ.

Imagine if Biden were that befuddled? The press would have a field day.

From Mike Memoli at NBC News: ‘Cheap shot’: Biden allies go on the attack against the special counsel and the media.

 The Biden campaign and the White House have landed on an initial strategy for responding to special counsel Robert Hur’s report that has spurred questions about the president’s fitness to hold office: Attack Hur and the media covering the report.

TakehisaYumeji-1919-Woman_Holding_a_Black_Cat

Woman Holding Black Cat, by TAkehisa Yumeji, 1919

The morning after Biden flashed anger at Hur for what he and other senior advisers argue was an inappropriate and excessive focus on his age, Ian Sams, a spokesperson for the White House counsel, sparred with the press corps for cherry-picking findings in the report, which he suggested was written in a way to shield Hur from political pressure from Republicans.

“I know it’s hard to wade through 400 full pages,” he said. “The report lays out example after example of how the president did not willfully take classified documents.”

Behind the scenes, Biden advisers in both the White House and his campaign were more scathing. One Biden ally said the report angered some of his supporters and, as a result, it was rallying them to his defense.

“People who are supporters of Biden are looking at that thinking that’s a cheap shot and he was playing politics,” the ally said.  

The White House’s simmering animosity toward the media also burst into the public. One Biden aide said the media was “shameful” in its handling of the highly sensitive political moment. 

“Hur couldn’t make his case and he takes partisan, personal and untrue swipes at Joe Biden,” one aide, who requested anonymity to speak frankly about internal views of the president’s team, said. “[He] did it so the media would take the bait, and none of you have learned a damn thing since 2016.”

The aide was referring to another fraught episode when then-FBI Director James Comey determined that while Democratic presidential nominee Hillary Clinton had been “extremely careless” in handling classified information, she would not face charges for using a private email server.

Yair Rosenberg at The Atlantic: What Biden’s Critics Get Wrong About His Gaffes.

On Sunday, Speaker of the House Mike Johnson went on television and mixed up Iran and Israel. “We passed the support for Iran many months ago,” he told Meet the Press, erroneously referring to an aid package for the Jewish state. Last night, the Fox News prime-time host Jesse Watters introduced South Dakota Governor Kristi Noem as hailing from South Carolina. I once joined a cable-news panel where one of the participants kept confusing then–Attorney General Jeff Sessions with Representative Pete Sessions of Texas. I don’t hold these errors against anyone, as they are some of the most common miscues made by people who talk for a living—and I’m sure my time will come.

Yesterday, President Joe Biden added another example to this list. In response to a question about Gaza, he referred to the Egyptian leader Abdel Fattah al-Sisi as the president of Mexico. The substance of Biden’s answer was perfectly cogent. The off-the-cuff response included geographic and policy details not just about Egypt, but about multiple Middle Eastern players that most Americans probably couldn’t even name. The president clearly knew whom and what he was talking about; he just slipped up the same way Johnson and so many others have. But the flub could not have come at a worse time. Because the press conference had been called to respond to Special Counsel Robert Hur’s report on Biden’s handling of classified documents, which dubbed the president an “elderly man with a poor memory,” the Mexico gaffe was immediately cast by critics as confirmation of Biden’s cognitive collapse.

Tama the Cat by Hiroaki Takahashi

Tama the Cat by Hiroaki Takahashi

But the truth is, mistakes like these are nothing new for Biden, who has been mixing up names and places for his entire political career. Back in 2008, he infamously introduced his running mate as “the next president of the United States, Barack America.” At the time, Biden’s well-known propensity for bizarre tangents, ahistorical riffs, and malapropisms compelled Slate to publish an entire column explaining “why Joe Biden’s gaffes don’t hurt him much.” The article included such gems as the time that then-Senator Biden told the journalist Katie Couric that “when the markets crashed in 1929, ‘Franklin Roosevelt got on the television and didn’t just talk about the princes of greed. He said, “Look, here’s what happened.”’” The only problem with this story, Slate laconically noted, was that “FDR wasn’t president then, nor did television exist.”

In other words, even a cursory history of Biden’s bungling shows that he is the same person he has always been, just older and slower—a gaffe-prone, middling public speaker with above-average emotional intelligence and an instinct for legislative horse-trading. This is why Biden’s signature moments as a politician have been not set-piece speeches, but off-the-cuff encounters, such as when he knelt to engage elderly Holocaust survivors in Israel so they would not have to stand, and when he befriended a security guard in an elevator at The New York Times on his way to a meeting with the paper’s editorial board, which declined to endorse him. And it’s why Biden’s key accomplishments—such as the landmark climate-change provisions of the Inflation Reduction Act, the country’s first gun-control bill in decades, and the expected expansion of the child tax credit—have come through Congress. The president’s strength is not orating, but legislating; not inspiring a crowd, but connecting with individuals.

Former federal prosecutor Shan Wu at The Daily Beast: Special Counsel Robert Hur’s Report on Biden’s Classified Documents Is Partisan and Unprofessional.

As part of his Don Quixote-like quest to avoid criticism, Attorney General Merrick Garland has binged on special counsel appointments throughout his tenure at the U.S. Department of Justice.

Now, following a string of debacles, including allowing Special Counsel John Durham to continue his useless four-year probe of the Mueller investigation—elevating the Hunter Biden prosecutor, David Weiss, to special counsel status after a half-decade of investigation—Garland’s hand-picked Special Counsel Robert Hur has produced a report on President Joe Biden’s handling of classified information that rivals former FBI Director James Comey’s infamous political hatchet-job on Hillary Clinton’s campaign.

Hur concludes what everybody already knew—namely that no criminal charges are warranted in Biden’s handling of classified materials—but gratuitously slams Biden’s fitness for office by describing him as a “sympathetic, well-meaning elderly man with a poor memory.” By allowing this unprofessional, partisan dig to be published, Garland plays right into the hands of former President Donald Trump and the extreme right’s ageist attacks on the president.

Ayako Ishiguro

by Ayako Ishiguro

To be fair, maybe Hur was only trying to exercise what he thought was proper prosecutorial discretion in not bringing a weak case. Or perhaps, he may just be an inept, clumsy writer/editor.

But it was Garland’s responsibility to ensure that Hur’s report did not stray from proper Justice Department standards. Garland should have known the risks when he picked Hur—who had clerked for conservative Chief Justice William Rehnquist, served as the top aide to Deputy Attorney General Rod Rosenstein, who assisted Bill Barr’s distortion of the Mueller Report, and who was a Trump-appointed U.S. Attorney.

The bottom line is that Hur has produced a report that should have reassured the American people that President Biden did nothing wrong, but instead supplies Biden’s political rivals with ammunition for baseless attacks on Biden’s fitness for office.

Hur opens his report in a way that invites misinterpretation, by stating he “uncovered evidence that President Biden willfully retained and disclosed classified materials.” But Hur waits until the next paragraph to state that the evidence does not establish Biden’s guilt beyond a reasonable doubt.

The verb “uncovered” suggests evidence was hidden and only Hur’s skillful investigation discovered it. Nothing could be further from the truth, as the rest of the report demonstrates that President Biden hid nothing from the investigation and was entirely forthcoming. Hur’s wording also makes it sound like he believes Biden committed a crime, but he just can’t prove it when his report actually concludes there is a lack of evidence of Biden possessing criminal intent to commit a crime.

A report explaining the reasons for declination should be written in a very factual, non-pejorative way. Hur should have simply said that the evidence found in the investigation did not support a recommendation of criminal prosecution, and then gone on to explain what evidence had been evaluated.

There’s much more at the Daily Beast link.

Wu is not the only one who blames Merrick Garland for this fiasco. At Politico, Jonathan Lemire and Sam Stein write: White House frustration with Garland grows.

Joe Biden has told aides and outside advisers that Attorney General Merrick Garland did not do enough to rein in a special counsel report stating that the president had diminished mental faculties, according to two people close to the president, as White House frustration with the head of the Justice Department grows.

Cats practicing their music, Utagawa Kuniyoshi

Cats practicing their music, Utagawa Kuniyoshi

The report from special counsel Robert Hur ultimately cleared Biden of any charges stemming from his handling of classified documents that were found at Biden’s think tank and his home. But Hur’s explanation for not bringing charges — that Biden would have persuaded the jury that he was a forgetful old man — upended the presidential campaign and infuriated the White House.

Biden and his closest advisers believe Hur went well beyond his purview and was gratuitous and misleading in his descriptions, according to those two people, who were granted anonymity to speak freely. And they put part of the blame on Garland, who they say should have demanded edits to Hur’s report, including around the descriptions of Biden’s faltering memory.

In White House meetings, aides have questioned why Garland felt the need to appoint a special counsel in the first place, though Biden has publicly said he supported the decision.

While Biden himself has not weighed in on Garland’s future, most of the president’s senior advisers do not believe that the attorney general would remain in his post for a possible second term, according to the two people.

A bit more:

“This has been building for a while,” said one of those people. “No one is happy”

Frustration within the White House at Garland has been growing steadily.

Last year, Biden privately denounced how long the probe into his son was taking, telling aides and outside allies that he believed the stress could send Hunter Biden spiraling back into addiction, according to the same two people. And the elder Biden, the people said, told those confidants that Garland should not have eventually empowered a special counsel to look into his son, believing that he again was caving to outside pressure.

Garland moved sooner in his investigation into former President Donald Trump’s election interference, a trial may already be underway or even have concluded, according to two people granted anonymity to discuss private matters. That trial still could take place before the election and much of the delay is owed not to Garland but to deliberate resistance put up by the former president and his team.

Here’s another point of view on President Biden from Republican Stuart Stevens at The New Republic: Just Say It, Democrats: Biden Has Been a Great President. His achievements have been nothing short of historic.

A plea to my Democratic friends: It’s time to start calling Joe Biden a great president. Not a good one. Not a better choice than Donald Trump. Joe Biden is a historically great president. Say it with passion backed by the conviction that it’s true.

Because it is.

Yes, the desire to see the 2024 election as a choice between a normal, stable president versus an erratic thug under indictment in multiple states is seductive. But don’t base a campaign on that contrast. Don’t go into 2024 with the game plan to win because Donald Trump is an existential threat to democracy. That’s true, he is, but that’s only making the case that Donald Trump shouldn’t be president. It’s not the reason Joe Biden should be reelected.

Joe Biden should remain president because of his historic level of achievement here at home while standing on the side of freedom versus tyranny in the largest land war in Europe since World War II, a role no American president has played since the Roosevelt-Truman era. Be bold. Walk into this campaign with swagger and confidence and pride.

It’s become a 2024 trope that Donald Trump is the only Republican whom President Biden could beat, and that Biden is the only Democrat whom Trump could defeat. Like a lot of things in politics, it’s true if you accept it. But that acceptance is voluntary. Reject that framing for the industrial political complex bullshit that it is, brought to you by the same class of experts who knew without question that Bill Clinton was dead in June 1992, when he was running third to Ross Perot and George Bush, with 24 percent of the vote.

Stop the nonsense that only a weak opponent gives Joe Biden a chance to win. It’s more than wrong—it’s dangerous, completely misjudging Donald Trump’s strength. Trump is dominating a contest for a presidential nomination like no candidate in modern history because he’s the weakest candidate?

No. Donald Trump is going to win the Republican nomination easily, be endorsed by all his opponents not named Christie or Hutchinson, and emerge from the primaries better positioned to face an incumbent president than any candidate since Ronald Reagan in 1980. If you don’t want to wake up with Trump as your president a year from now, stop fantasying that Trump might not be the Republican nominee. End the whining about a Trump-Biden choice that only helps Trump and get about the business of uniting behind a great president.

A bit more:

As someone who worked in Republican campaigns for almost 30 years, I say without hesitation that the Democratic Party is the only pro-democracy party in America. But guys, why do so many of you have this need to act like ungrateful children of wealthy parents—impossible to please and always demanding more? Name a president who accomplished as much in his first term.

a-shapeshifting-cat.jpg!LargeUtagawa Kuniyoshi

A shapeshifting cat, by Utagawa Kuniyoshi

The stock market is hitting record highs. Unemployment is at a record low, with 14 million new jobs. Talk to small-business owners, and the biggest problem they are facing is finding workers. A child born in the first Republican “infrastructure week” would have been entering grade school by the time President Biden passed the largest public spending initiative in American history. As a Republican media consultant, I made hundreds of ads about the high cost of prescription drugs. But it took President Biden to give Medicare the power to directly negotiate with Big Pharma to lower prices and cap the cost of insulin for Medicare beneficiaries at $35. For all the bitching about gas prices, the United States is now producing more oil than any country in history. Yes, more than Russia or Saudi Arabia, and that’s one of the reasons gas prices are now lower in inflation-adjusted prices than in 1974. Yeah, I know, fossil fuels suck, and the world should run on solar power. But the Biden administration also launched a $7 billion solar power investment project.

What is most amazing is that Biden got this done in a world in which the majority of Republicans believe he is not a legal president. Ponder that for a minute. You are a White House staffer working to help pass Biden initiatives, and you are dealing with members of Congress and senators who don’t just disagree with your boss—they think he’s an illegitimate president.

Wake up and show some gratitude. You wanted student loan forgiveness. You got it, for three million borrowers. You wanted a president who would finally pass gun safety legislation. You got the most comprehensive bill in nearly 30 years, the Bipartisan Safer Communities Act, which passed with the support of 15 Republican senators and 14 Republican House members, opening the door to some hope that laws on gun violence might finally start to reflect the wishes of the majority of the country. Maybe you’re a Democrat who actually cares about the federal deficit, unlike the Republicans who fake concern. Since Biden took office, the deficit has decreased by $1.7 trillion.

Yesterday, Dakinikat wrote about Jack Smith’s arguments to Judge Aileen Cannon that secret grand jury information from government witnesses should not be made public or given to Trump and his co-defendants. Yesterday Cannon ordered Smith to hand over the files today. It’s not clear yet what will happen, but Smith could appeal this to the 11th Circuit. One reason Smith wants to keep the documents sealed is because there is an active investigation of witness intimidation involved.

From ABC News: Authorities investigating online threats made to potential witness related to Trump classified docs case.

Federal authorities are currently investigating a series of threats made online to a potential witness related to special counsel Jack Smith’s classified documents case against former President Donald Trump, according to a new court filing from Smith’s team.

In the filing late Wednesday in federal court in Florida, Smith’s team asked U.S. District Judge Aileen Cannon, the judge overseeing the case, to let them file an exhibit under seal because, they wrote, “The exhibit describes in some detail threats that have been made over social media to a prospective Government witness and the surrounding circumstances, and the fact that those threats are the subject of an ongoing federal investigation being handled by a United States Attorney’s Office.”

“Disclosure of the details and circumstances of the threats risks disrupting the investigation,” the filing said.

The targeted witness was not identified.

The three-page filing discussing the probe was submitted as part of a dispute between Smith’s team and Trump’s lawyers over how much information should be redacted — or totally withheld from public view — in certain court filings.

In their filing Wednesday, Smith’s team urged Judge Cannon to let them file the exhibit completely under seal because, they said, simply redacting names or other parts of the document could still “provide information to the suspect to which he/she may not otherwise be entitled.”

Newsweek: Donald Trump Handed Boost by Judge Cannon After Jack Smith Fury.

Donald Trump and his legal team will receive unredacted FBI witnesses’ reports as part of the classified documents case after Special Counsel Jack Smith failed in his bid to withhold the information.

Beauty and the Cat , by Kunisada Utagawa

Beauty and the Cat , by Kunisada Utagawa

Judge Aileen Cannon, who is overseeing the trial against the former president, ordered federal prosecutors to hand over unredacted materials sought by Trump’s legal team in discovery, as well as the two other co-defendants in the case, Walt Nauta and Carlos De Oliveira….

On Thursday, Smith accused Cannon of making a “clear error” when she allowed that the documents be handed over. He said in filings that the move would reveal the identities of numerous potential witnesses, as well as potentially exposing them to “significant and immediate risks of threats, intimidation, and harassment.” Newsweek contacted the Department of Justice on Saturday via email.

Cannon had originally paused deadlines for Smith’s team to hand over the documents while she considered the special counsel’s motion. However, the stay lasted only a few hours, and later she ruled on Friday that the information must be delivered to Trump and the other defendants by Saturday, February 10.

The judge ruled that the information, including the names of potential witnesses, will be sealed from the public until a later court order.

Cannon, who was nominated to the bench by Trump, has long faced calls to recuse herself from the case after she made a number of decisions that favored the former president; these include ones that could potentially delay the start of the trial, scheduled for May.

Twitter lawyers are still suggesting that Jack Smith may take his case to the 11th Circuit. I’ll post in the comments if anything happens.

I’ll end with this climate change story from CNN: Critical Atlantic Ocean current system is showing early signs of collapse, prompting warning from scientists.

crucial system of ocean currents may already be on course to collapse, according to a new report, with alarming implications for sea level rise and global weather — leading temperatures to plunge dramatically in some regions and rise in others.

Using exceptionally complex and expensive computing systems, scientists found a new way to detect an early warning signal for the collapse of these currents, according to the study published Friday in the journal Science Advances. And as the planet warms, there are already indications it is heading in this direction.

The Atlantic Meridional Overturning Circulation (the AMOC) — of which the Gulf Stream is part — works like a giant global conveyor belt, taking warm water from the tropics toward the far North Atlantic, where the water cools, becomes saltier and sinks deep into the ocean, before spreading southward.

The currents carry heat and nutrients to different areas of the globe and play a vital role in keeping the climate of large parts of the Northern Hemisphere relatively mild.

For decades, scientists have been sounding the alarm on the circulation’s stability as climate change warms the ocean and melts ice, disrupting the balance of heat and salt that determines the currents’ strength.

While many scientists believe the AMOC will slow under climate change, and could even grind to a halt, there remains huge uncertainty over when and how fast this could happen. The AMOC has only been monitored continuously since 2004.

Scientists do know — from building a picture of the past using things like ice cores and ocean sediments — the AMOC shut down more than 12,000 years ago following rapid glacier melt.

Now they are scrambling to work out if it could happen again.

This new study provides an “important breakthrough,” said René van Westen, a marine and atmospheric researcher at the University of Utrecht in the Netherlands and study co-author.

Read the rest at CNN. Maybe Quixote will comment on this story if she comes by.

I hope everyone is having a great weekend!