Lazy Caturday Reads

Gedda Runyon Starlin “House Prince”

Gedda Runyon Starlin, “House Prince”

Good Afternoon!!

You’ve probably heard about actor Bruce Willis having stopped acting because he has aphasia. Aphasia is most commonly caused by a stroke that affects language areas–usually located on the left side of the brain. It can but it can also follow a severe head injury or other brain trauma. It can result from traumatic brain injuries suffered by athletes in contact sports like football and hockey. Willis’ family has declined to explain the cause of his aphasia, so we don’t know if he had a stroke or some other type of brain injury or if he has Alzheimer’s disease or dementia. There’s an interesting story at the LA Times on other celebrities who have struggled with aphasia, including Sharon Stone, Dick Clark, Kirk Douglas, and Patricia Neal.

Apparently Willis showed signs of cognitive decline as far back as 2017, but he continued working. His performances apparently deteriorated enough that he received a “Razzie” award (now rescinded) for “worst performance in a 2021 movie.” I’m not sure what to think about this, but it made me uncomfortable when I learned about this. Abigail Weinberg writes at Mother Jones: For Years, Hollywood Suspected Bruce Willis’ Deteriorating Health. They Exploited Him Anyway This is a labor issue.

After an illustrious career that featured starring roles in movies like Pulp Fiction and The Sixth Sense, Willis had in recent years taken to churning out dozens of low-budget productions. A new Los Angeles Times article reveals just how bad things were on the set of those movies—and gives the impression that the actor was being taken advantage of.

Two crew members from the upcoming film White Elephant told the Times that Willis asked aloud, “Why am I here?” “Someone would give him a line and he didn’t understand what it meant,” a crew member said. “He was just being puppeted.”

The incidents ranged from relatively benign to potentially dangerous: A crew member from the 2020 movie Hard Kill said that Willis repeatedly fired a gun loaded with blanks on the wrong cue. The incident seems particularly stark in light of Alec Baldwin’s gun accidentally firing and killing cinematographer Halyna Hutchins on the set of Rust last year.

So, why were the dozens of people involved in these films so set on working with someone who wasn’t cognitively fit to perform? Well, the money, of course. “His involvement in films—even if for a fleeting few minutes—helped low-budget independent filmmakers sell their films internationally,” the Times explains. “Having Willis’ face on a movie poster or a lineup of streaming service thumbnails helped draw viewers to his films.”

Seems a tad exploitative, no? I’m no Hollywood insider, but I hope these revelations will spur the industry to work toward safer on-set conditions for workers on- and off-screen.

Being rich and famous doesn’t protect you from exploitation.

Another labor story from The Daily Beast: Amazon Workers Claim Historic Union Win in Big Blow to Bezos.

An Amazon warehouse in New York City made history on Friday when workers said they had won a vote to form the retail behemoth’s first union, a breakthrough that represented another sign that support for labor unions is resurgent in America.

159f2e26b59b52e97d73dc11824ae139Over 2,000 employees at the fulfillment center known as JFK8 voted to form a union, organizers said, after facing down months of hostile messaging that workers say included daily mandatory meetings with Amazon’s anti-union consultants.

The victory was especially significant because employees not only appeared to unionize a facility controlled by one of the world’s most powerful companies—but also to join the Amazon Labor Union (ALU). The grassroots group is led by current and former warehouse workers who waged a hard-fought battle frequently billed as Davids battling a $1.6-trillion Goliath.

Outside the National Labor Relations Board (NLRB) office in Brooklyn, ALU president Chris Smalls and other organizers popped champagne once the win was official.

“It’s not about me,” Smalls told reporters at a press conference. “Amazon tried to make it about me from Day 1. And I never said it was going to be Amazon versus Chris Smalls. It’s always going to be Amazon versus the people, and today the people have spoken, and the people wanted a union.”

During his remarks, the new union president took aim at Amazon’s billionaire founder, saying, “We want to thank Jeff Bezos for going to space because when he was up there, we was signing people up.”

The Ginni and Clarence Thomas story continues to develop. Yesterday, Dakinikat posted the Daily Beast story about Thomas’s influence on Trump’s hiring and firing decisions. Jane Mayer, who wrote a book about Clarence Thomas, added this to the story:

This situation presents serious problems for the Supreme Court and for Congress. It’s unlikely that Clarence Thomas will voluntarily recuse himself from January 6 cases and I doubt if Chief Justice Roberts will take action unless there is a massive public outcry. At The Washington Post, Paul Waldman writes: What can Democrats do about Clarence Thomas?

The controversy over Virginia “Ginni” Thomas, Clarence Thomas and the Jan. 6 insurrection is demonstrating one profound difference between Democrats and Republicans: how they view the value of making a stink….

Given his wife’s role in encouraging the effort to overturn the election that culminated in the awful events of that day, Clarence Thomas should obviously recuse himself from any case having to do with Jan. 6. But what can Democrats do about him?

The way Democrats are answering that question tells us a lot about their party.

This Friday, 17 progressive organizations are releasing a letter calling on Democrats to launch a congressional investigation of Justice Thomas’s “misconduct in his handling of cases regarding the January 6 insurrection, the 2020 presidential election, and other cases involving his wife’s political activities.”

As the groups note in their letter, which is spearheaded by Take Back the Court, Supreme Court justices are bound by a federal statute that says they, like other judges, should recuse themselves from any case in which their “impartiality might reasonably be questioned.”

Patrick Saunders, Opal in the Window

Patrick Saunders, Opal in the Window

In addition, in the past, Thomas has failed to properly disclose his wife’s income from political groups (he later amended his disclosures after the omissions were revealed), and she reportedly works with groups that have business before her husband.

What might a congressional investigation accomplish? The letter argues that it might determine “whether Justice Thomas’ conduct was consistent with basic principles of judicial ethics, whether he violated federal law and his oath to ‘impartially discharge and perform his judicial duties, and what actions must be taken in response.”

But so far, Democrats have largely been restrained in response to the Ginni Thomas revelations. While a few more liberal lawmakers, including Rep. Alexandria Ocasio-Cortez (D-N.Y.) have said Clarence Thomas should resign or be impeached, Democratic leaders have not.

Read the rest at the WaPo. You can also check out this post from Emptywheel today: On Ginni Thomas’ Obstruction Exposure and Clarence’s Former Clerk Carl Nichols

There’s also more news today about the gap in the White House phone logs during the January 6 Capitol insurrection. Dakinikat also wrote yesterday about the Axios claim that it was no big deal; the Trump executive assistant who kept track of the call log was out that day. I don’t buy it. That’s just too convenient an excuse. 

Last night CNN reported: Trump’s presidential diarist tells Jan. 6 committee White House officials provided less detail about his activities days before riot.

Just days before the US Capitol riot, White House officials started providing fewer details about then-President Donald Trump‘s calls and visits, the person in charge of compiling those activities for the official record told the House select committee investigating January 6, 2021, according to two sources with knowledge of the probe.

The committee interviewed Trump’s presidential diarist roughly two weeks ago. That interview has not been previously reported, nor has the testimony describing a noticeable drop-off in information provided by Oval Office staff leading up to January 6.

Daniel F. Gerhartz, 1965

By Daniel F. Gerhartz, 1965

Other witnesses also have told the panel there was significantly less information being shared with those involved in White House record-keeping during the same time period, according to three sources familiar with the investigation.

One source described how White House record-keepers appeared to be “iced out” in the days leading up to January 6.

“The last day that normal information was sent was the 4th,” said another source familiar with the investigation. “So, starting the 5th, the diarist didn’t receive the annotated calls and notes. This was a dramatic departure. That is all out of the ordinary.”

The White House diarist normally receives many streams of information, including the phone logs from the switchboard, the president’s movements from the US Secret Service and, critically, the notes from Oval Office operations, which detail calls, guests and activities.

The Guardian’s Ed Pilkington doesn’t seem to buy the Axios excuse either. He writes today: What is Trump hiding? The Capitol riot-sized hole in White House call log.

At 2.26pm on 6 January last year, Donald Trump picked up a White House phone and placed a call to Mike Lee, the Republican senator from Utah. The communication came at a very significant moment.

Thirty-seven minutes earlier, a riot had been declared by Washington DC police. Minutes after that the then vice-president, Mike Pence, was rushed out of the Senate chamber, where he had been presiding over Congress’s certification of Joe Biden’s victory in the 2020 election, and put into hiding.

Fifteen minutes before Trump made the call his supporters, exhorted by the sitting president to “fight like hell” against what he falsely claimed was a rigged election, broke through a window in the south front of the Capitol and entered the heart of American democracy.

And we know Trump was watching it on TV.

Yet when you look for recorded details of Trump’s 2.26pm call which was made, as Hugo Lowell of the Guardian revealed, on an official White House landline, they are nowhere to be found. The Lee call was one of an unknown number that Trump made during a mysterious gap of 7 hours 37 minutes that exists in the call logs – precisely the timeframe of the Capitol attack.

Belinda Del Pasco

By Belinda Del Pasco

Those missing call logs, disclosed by the Washington Post and CBS News, raise several burning questions – how did the records disappear? who carried out the excising? – but none more urgent than this: what was Trump trying to hide?

“A gap like this doesn’t happen by accident. It’s not a coincidence,” said Charlie Sykes, columnist at the Trump-resistant conservative outlet the Bulwark. “There is no innocent explanation here – somebody made the decision to rip up the record for the crucial hours of January 6 and there has to be a reason why.”

What Trump is trying to hide lies at the heart of the House committee investigation into the January 6 insurrection. The former president has consistently tried to block information flowing to the committee – pressuring his inner circle not to testify, tearing up documents before they were handed over.

The stakes in the tussle over evidence rose sharply this week when a federal judge said in a ruling that Trump “more likely than not … dishonestly conspired to obstruct” Congress on 6 January. That would be a criminal act.

Read the rest at The Guardian.

Finally, Merrick Garland spoke publicly again yesterday. CNN’s Tierney Sneed reports: Garland says the only pressure DOJ feels on January 6 probes is to ‘do the right thing.’

After several recent developments in the January 6 investigations that put the Justice Department in the center of the political whirlwinds, Attorney General Merrick Garland said Friday that the only pressure his agency feels is to “do the right thing” by following “the facts and the law.”

“The only pressure I feel, and the only pressure that our line prosecutors feel, is to do the right thing. That means we follow the facts and the law, wherever they may lead,” Garland said at a news conference Friday, where he was announcing new charges in an unrelated gun trafficking case.

Garland was asked about political pressure on the agency at the end of a momentous week for the efforts to scrutinize the 2020 election reversal plot.

dbf8dd19adee267eff34b427875d5e68On Monday, a federal judge said that it was “more likely than not that President Trump corruptly attempted to obstruct” Congress’ electoral certification vote. The assertion by US District Judge David Carter came in a documents disclosure case related to the House select committee investigation of the January 6 attack on the Capitol….

On Friday, Garland would not weigh in on the Carter opinion or on the status of the Meadows referral.

“We follow the facts and the law wherever they lead, and that’s all I can say about the investigation,” Garland said when asked about the ruling, as he referenced department policy of not commenting on ongoing investigations. “The best way to undermine an investigation is to say things out of court about how they’re going.”

Asked about the status of the Meadows referral, Garland said, “We don’t comment on ongoing referrals.”

I don’t know what else he is supposed to say. He has said repeatedly that he will follow the evidence up to and including people at the top. But the Garland detractors aren’t going to stop whining.

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


Tuesday Reads: The Many Crimes of Donald Trump

Good Morning!!

Lots of January 6 investigation news breaking this morning. There are also other Trump crime developments.

January 6 News

Rose Mary Woods, President Richard Nixon's secretary at her White House desk, demonstrates the Rose Mary Stretch which could have resulted in the erasure of part of the Watergate tapes, 1973.

Rose Mary Woods, President Richard Nixon’s secretary at her White House desk, demonstrates the Rose Mary Stretch which could have resulted in the erasure of part of the Watergate tapes, 1973.

Nixon had an 18 minute gap; Trump’s gap is much longer. Bob Woodward and Robert Costa at The Washington Post: Jan. 6 White House logs given to House show 7-hour gap in Trump calls.

Internal White House records from the day of the attack on the U.S. Capitol that were turned over to the House select committee show a gap in President Donald Trump’s phone logs of seven hours and 37 minutes, including the period when the building was being violently assaulted, according to documents obtained by The Washington Post and CBS News.

The lack of an official White House notation of any calls placed to or by Trump for 457 minutes on Jan. 6, 2021 – from 11:17 a.m. to 6:54 p.m. – means the committee has no record of his phone conversations as his supporters descended on the Capitol, battled overwhelmed police and forcibly entered the building, prompting lawmakers and Vice President Mike Pence to flee for safety.

The 11 pages of records, which consist of the president’s official daily diary and the White House switchboard call logs, were turned over by the National Archives earlier this year to the House select committee investigating the Jan. 6 attack.

The records show that Trump was active on the phone for part of the day, documenting conversations that he had with at least eight people in the morning and 11 people that evening. The seven-hour gap also stands in stark contrast to the extensive public reporting about phone conversations he had with allies during the attack, such as a call Trump made to Sen. Mike Lee (R-Utah) — seeking to talk to Sen. Tommy Tuberville (R-Ala.) — and a phone conversation he had with House Minority Leader Kevin McCarthy (R-Calif.).

On what the January 6 committee is looking at:

The House panel is now investigating whether Trump communicated that day through backchannels, phones of aides or personal disposable phones, known as “burner phones,” according to two people with knowledge of the probe, who, like others interviewed for this report, spoke on the condition of anonymity to discuss sensitive information. The committee is also scrutinizing whether it received the full logs from that day.

best burner phones, 2022

Best burner phones, 2022

One lawmaker on the panel said the committee is investigating a “possible coverup” of the official White House record from that day. Another person close to the committee said the large gap in the records is of “intense interest” to some lawmakers on the committee, many of whom have reviewed copies of the documents…..

Trump was known for using different phones when he was in the White House, according to people familiar with his activities. Occasionally, when he made outbound calls, the number would show up as the White House switchboard’s number, according to a former Trump Cabinet official. Other times, he would call from different numbers – or no number would appear on the recipient’s phone, the official said….

In a statement Monday night, Trump said, “I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”

Uh huh.

This isn’t really breaking news, but it shows that there are investigations of Trump’s culpability for January 6. The New York Times: New Focus on How a Trump Tweet Incited Far-Right Groups Ahead of Jan. 6. Federal prosecutors and congressional investigators are documenting how the former president’s “Be there, will be wild!” post became a catalyst for militants before the Capitol assault.

Mr. Trump’s Twitter post in the early hours of Dec. 19, 2020, was the first time he publicly urged supporters to come to Washington on the day Congress was scheduled to certify the Electoral College results showing Joseph R. Biden Jr. as the winner of the presidential vote. His message — which concluded with, “Be there, will be wild!” — has long been seen as instrumental in drawing the crowds that attended a pro-Trump rally on the Ellipse on Jan. 6 and then marched to the Capitol.

But the Justice Department’s criminal investigation of the riot and the parallel inquiry by the House select committee have increasingly shown how Mr. Trump’s post was a powerful catalyst, particularly for far-right militants who believed he was facing his final chance to reverse defeat and whose role in fomenting the violence has come under intense scrutiny.

Extremist groups almost immediately celebrated Mr. Trump’s Twitter message, which they widely interpreted as an invitation to descend on the city in force. Responding to the president’s words, the groups sprang into action, court filings and interviews by the House committee show: Extremists began to set up encrypted communications channels, acquire protective gear and, in one case, prepare heavily armed “quick reaction forces” to be staged outside Washington.

They also began to whip up their members with a drumbeat of bellicose language, with their private messaging channels increasingly characterized by what one called an “apocalyptic tone.” Directly after Mr. Trump’s tweet was posted, the Capitol Police began to see a spike in right-wing threats against members of Congress.

More details from the NYT article:

Prosecutors have included examples in at least five criminal cases of extremists reacting within days — often hours — to Mr. Trump’s post.

One of those who responded to the post was Guy Wesley Reffitt, an oil-field worker from Texas who this month became the first Jan. 6 defendant to be convicted at trial. Within a day of Mr. Trump’s Twitter post, Mr. Reffitt was talking about it on a private group chat with other members of the far-right militia organization the Texas Three Percenters.

Guy Wesley Reffitt center in helmet

Guy Wesley Reffitt, center in blue with helmet

“Our President will need us. ALL OF US…!!! On January 6th,” Mr. Reffitt wrote. “We the People owe him that debt. He Sacrificed for us and we must pay that debt.”

The next day, prosecutors say, Mr. Reffitt began to make arrangements to travel to Washington and arrive in time for “Armageddon all day” on Jan. 6, he wrote in the Three Percenters group chat. He told his compatriots that he planned to drive because flying was impossible with “all the battle rattle” he planned to bring — a reference to his weapons and body armor, prosecutors say.

Some in the group appeared to share his anger. On Dec. 22, one member wrote in the chat, “The only way you will be able to do anything in DC is if you get the crowd to drag the traitors out.”

Mr. Reffitt responded: “I don’t think anyone going to DC has any other agenda.”

Reffitt was the first Capitol insurrectionist to be convicted in a jury trial.

Analysis by Stephen Collinson at CNN: Trump’s January 6 plot appears darker and more dangerous by the day.

Even as a federal judge commented Monday that Trump “more likely than not” sought to commit a crime to stay in office last year, the ex-President’s attacks on democracy are intensifying. They were on display as recently as Saturday night in a lie-filled rally that underscored how his conspiracy to overturn the election — whether it is criminal or not — remains viscerally alive and able to damage future elections.

While much of the country has been transfixed by Russia’s brutal war in Ukraine, the House committee investigating the insurrection has been racing against the clock ticking down to its own likely demise if Republicans win back the House in November’s midterms. It took another step on Monday toward holding two former Trump advisers to account by advancing criminal contempt referrals.

On Tuesday, The Washington Post and CBS News reported that a gap of more than seven hours exists in the logs of phone calls placed to or from Trump on January 6 that were turned over to the House committee. CNN had previously reported that records were missing regarding the calls.

It’s extraordinary that, more than 14 months on, new details of efforts by Trump and those around him to subvert President Joe Biden’s victory are still emerging. It’s also ironic that this threat to American democracy is being further exposed while Washington leads an international effort to save freedom in Ukraine, which is under much greater assault from Russian President Vladimir Putin, whom Trump still seems to hero worship.

Here at home, a flurry of new details in recent days about the ex-President’s behavior justifies continued investigations into the worst attack on American democracy in decades. Those revelations also explain why pro-Trump Republicans were so keen to prevent the House select committee investigating January 6, 2021, from ever getting off the ground. And they inject a new political dimension into Trump’s attempted comeback as he casts the 2022 midterm elections as a referendum on the lie that he won in 2020 and seeks to build a return to the White House on the same falsehoods that have drawn in millions of his supporters.

On yesterday’s report that federal judge David Carter determined that Trump committed crimes and the repercussions for Attorney General Merrick Garland:

3000Carter can’t initiate a case against Trump. But his words didn’t just raise a blaring historical marker over a President committing a potential crime in office — and one that put the entire US democratic system at risk. His comment re-focused attention on the debate within the House committee over whether to make what would be a historic criminal referral of Trump to the Justice Department. Such a move would present Attorney General Merrick Garland with the earthshaking decision of whether to prosecute an ex-President who is maneuvering with a $100 million war chest in a potential bid to reclaim his job in 2024.

There could be few hotter political potatoes for an attorney general already facing political pressure to deal with Trump aides who are obstructing the committee.

Failing to pursue Trump in such circumstances would send a signal of impunity for presidents who seek to destroy American democratic institutions, even as Trump’s supporters who ransacked the US Capitol begin to be convicted and face prison terms for apparently acting on their political hero’s wishes.

Last night the January 6 Committee voted to recommend contempt charges for Trump aides Peter Navarro and Dan Scavino for refusing to testify to the committee. In addition, ABC News reports that Jared Kushner is expected to testify to the committee on Thursday.

More Trump Crimes

CNBC: ‘Significant’ evidence suggests Trump Organization misstated asset values for more than a decade, NY AG says.

The New York Attorney General’s Office has “uncovered significant evidence” suggesting that financial statements by the Trump Organization relied on misleading valuations of its real estate assets for more than a decade, the office said in a court filing Tuesday.

Those potentially misleading valuations “and other misrepresentations” were used by the company owned by ex-President Donald Trump “to secure economic benefits — including loans, insurance coverage, and tax deductions — on terms more favorable than the true facts warranted,” the filing alleged.

The claims by Attorney General Letitia James were made in response to an appeal by the Trump Organization and Donald Trump of last month’s order by a Manhattan state court judge directing Trump and two of his adult children, Donald Trump Jr. and Ivanka Trump to submit to interviews by James’ investigators….

In one glaring example, the financial statements for the Trump Organization from 2010 to 2012 “collectively valued” rent-stabilized apartment units it owned at $49.59 million, which was “over sixty-six times the $750,000 total value the outside appraiser had assigned to these units,” the filing said in a footnote.

Image: FILE PHOTO: New York State Attorney General, Letitia James, speaks during a news conference, to announce criminal justice reform in New York

New York State Attorney General, Letitia James REUTERS/Brendan McDermid/File Photo/File Photo

The attorney general has said she is conducting both a civil investigation and a criminal probe related to the company.

“Mr. Trump personally certified the accuracy of the Statements for the years prior to 2016, at which point his assets were placed in a revocable trust,” while Donald Jr. “was responsible for the Statements for the years 2016 to 2020,” James noted in the filing.

That document said that from 2012 through 2016, the company’s financial statements said that Trump’s triplex apartment in Trump Tower in Manhattan “exceeded 30,000 square and valued the apartment at up to $327 million based on those dimensions,” the filing noted.

But in 2017, the company’s statement “slashed the apartment’s value by two-thirds, sizing the residence at just under 11,000 square fees,” which is the figure specified in the offering plan for the building, the filing said.

One more from Just the News: Exclusive: Trump calls on Putin to release info on Hunter Biden’s dealings with oligarchs.

Former President Donald Trump is calling on Russian leader Vladimir Putin to release any information he possesses on Hunter Biden’s dealings with oligarchs in Eastern Europe. 

In an interview with the Just the News television show on Real America’s Voice airing Tuesday, the former president cited a 2020 Senate report that disclosed Russian oligarch Yelena Baturina, then the wife of Moscow’s mayor, provided $3.5 million a decade ago to a company co-founded by President Joe Biden’s son and unanswered questions about why the money was given.

“She gave him $3.5 million so now I would think Putin would know the answer to that. I think he should release it,” Trump said in a wide-ranging interview at his Mar O Lago resort in Florida. “I think we should know that answer.”

A grand jury in Delaware has been investigating Hunter Bjden’s business dealings for possible tax violations, foreign lobbying issues and money laundering. Hunter Biden has acknowledge the probe but denied wrongdoing.

Trump said he also would like to know more about Hunter Biden’s relationship with Ukrainian oligarch Nikolai Zlochevsky, the owner of the Burisma Holdings gas company that hired the Biden scion in 2014 to its board and paid him hundreds of thousands of dollars a year. 

Shades of Trump’s “Russia, are you listening” appeal for Hillary Clinton’s emails in 2016.

What’s on your mind today?

 


Monday Reads

Good Afternoon!!

Daknikat has a cell phone emergency, so I’m filling in and starting really late–just beginning to look at the news. There’s quite a bit happening.

The Washington Post’s Michael Kranish has a big story about Ted Cruz and January 6: Inside Ted Cruz’s last-ditch battle to keep Trump in power. It turns out that Cruz and John Eastman, the lawyer who wrote a memo explaining how Pence could supposedly refuse to certify the election, have known each other for 27 years. Not only that, Trump asked Cruz if he would argue the case to overturn the election if they could get the Supreme Court to hear it. From the article:

An examination by The Washington Post of Cruz’s actions between Election Day and Jan. 6, 2021, shows just how deeply he was involved, working directly with Trump to concoct a plan that came closer than widely realized to keeping him in power. As Cruz went to extraordinary lengths to court Trump’s base and lay the groundwork for his own potential 2024 presidential bid, he also alienated close allies and longtime friends who accused him of abandoning his principles.

ted-cruz-january-6Now, Cruz’s efforts are of interest to the House committee investigating the Jan. 6 attack on the U.S. Capitol, in particular whether Cruz was in contact with Trump lawyerJohn Eastman, a conservative attorney who has been his friend for decades and who wrote key legal memos aimed at denying Biden’s victory.

As Eastman outlined a scenario in which Vice President Mike Pence could denycertifying Biden’s election, Cruz crafted a complementary plan in the Senate. He proposedobjecting to the results in six swing states and delayingaccepting the electoral college results on Jan. 6 in favor of a 10-day “audit” — thus potentiallyenabling GOP state legislatures to overturn the result. Ten other senators backed hisproposal, which Cruz continued to advocate on the day rioters attacked the Capitol.

The committee’s interest in Cruz is notable as investigators zero in on how closely Trump’s allies coordinated with members of Congress in the attempt to block or delay certifying Biden’s victory. If Cruz’s plan worked, it could have created enough chaos for Trump to remain in power.

“It was a very dangerous proposal, and, you know, could very easily have put us into territory where we got to the inauguration and there was not a president,” Rep. Liz Cheney (R-Wyo.), a Jan. 6 committee member, said earlier this year on the podcast “Honestly.” “And I think that Senator Cruz knew exactly what he was doing. I think that Senator Cruz is somebody who knows what the Constitution calls for, knows what his duties and obligations are, and was willing, frankly, to set that aside.”

Eastman and Cruz both worked for Michael Luttig, who was then on the U.S. Appeals Court. Here’s what Luttig has to say about Cruz’s actions:

Luttig told The Post that he believes that Cruz — who once said that Luttig was “like a father to me” — played a paramount role in the events leading to Jan. 6.

“Once Ted Cruz promised to object, January 6 was all but foreordained, because Cruz was the most influential figure in the Congress willing to force a vote on Trump’s claim that the election was stolen,” Luttig said in a statement to The Post. “He was also the most knowledgeable of the intricacies of both the Electoral Count Act and the Constitution, and the ways to exploit the two.”

The story also says that Eastman took the Fifth when the Committee asked him about communications with Cruz.

Also from The Washington Post: Jan. 6 committee to seek interview with Ginni Thomas.

The House select committee investigating the Jan. 6, 2021, insurrection will seek an interview with Virginia Thomas, a conservative activist and wife of Supreme Court Justice Clarence Thomas, according a source familiar with the investigation.

Virginia Thomas, who goes by Ginni, has drawn scrutiny for her text messages to White House Chief of Staff Mark Meadows in which she repeatedly pressed Meadows to work aggressively to overturn the election and keep President Donald Trump in power in a series of urgent exchanges in the critical weeks after the vote, according to copies of the messages obtained by The Washington Post and CBS News.

The messages — 29 in all — reveal an extraordinary pipeline between Thomas, a conservative activist, and Trump’s top aide during a period when Trump and his allies were vowing to go to the Supreme Court in an effort to negate the election results.

The committee’s plans to ask Thomas for an interview were first reported by CNN. A source familiar with the investigation who spoke on the condition of anonymity to discuss internal committee plans confirmed the report.

Amanda Carpenter at The Bulwark: Is Ginni Thomas’s Story Believable?

Virginia Thomas wants people to believe that her husband, Supreme Court Justice Clarence Thomas, had no idea about her activities challenging the results of the 2020 election.

“Clarence doesn’t discuss his work with me, and I don’t involve him in my work,” she told a friendly outlet earlier this month. Therefore, no one need worry about his ability to be an impartial judge on the highest court in the land. Everything is hunky-dory….

0x0Her story, as well as her election theories, don’t survive even the most basic common-sense tests.

Justice Thomas cannot plausibly plead ignorance of his wife’s Jan. 6th-related activities. Her texts were the subject of a blockbuster Washington Post-CBS story, carried by numerous other outlets such as CNN and the New York Times. Multiple outlets asked the Thomases for comment multiple times. A CNN reporter staked out the couple in their parking garage. Maybe the Thomases talked about it, maybe they didn’t—it’s impossible for outsiders to know what happens inside a marriage—but the notion that Clarence Thomas is unaware of what Ginni was up to? Not plausible.

Second, beyond the text messages revealed last week, many of Ginni’s political activities relating to Jan. 6th were already a matter of public record. Her promotion of election conspiracies was well known; she posted them on her Facebook page. On the morning of Jan. 6th, just hours before the attack on the Capitol, she lavished praise on the Trump rallygoers who wanted to overturn the election. In the weeks after the riot, Ginni apologized to a listserv of her husband’s former clerks because her election-related activities and her “lifetime passions” caused a rift in the close-knit group of Thomas alumni.* Although this was a minor controversy, her husband could reasonably be expected to know about it, since it directly involved his wife and former clerks—and the Washington Post reported on it.

To believe that Justice Thomas is unaware of Mrs. Thomas’s Jan. 6th-related activities, one would also have to believe that Ginni’s co-signed public letter to House Minority Leader Kevin McCarthy demanding that he remove Republicans Liz Cheney and Adam Kinzinger from the GOP conference for serving as members of the Jan. 6th Committee never crossed Justice Thomas’s radar.

More at the link.

Here’s another breaking story from Katelyn Polantz at CNN: Judge: ‘More likely than not’ that Trump ‘corruptly attempted’ to block Congress from counting votes on January 6.

A federal judge said Monday that former President Donald Trump and right-wing attorney John Eastman may have been planning a crime as they sought to disrupt the January 6 congressional certification of the presidential election.

“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” Judge David Carter wrote Monday.

Attorney John Eastman gestures as he speaks next to U.S. President Donald Trump's personal attorney Rudy Giuliani at the January 6 Trump rally on the Ellipse in Washington

Attorney John Eastman gestures as he speaks next to Rudy Giuliani on January 6, 2021. REUTERS/Jim Bourg

Carter, a federal judge in California, ordered Eastman to turn over 101 emails from around January 6, 2021, that he has tried to keep secret from the House select committee investigating the US Capitol attack.

Carter’s reasoning is a startling acknowledgment by a federal court that Trump’s interest in overturning the election could be considered criminal.

“The illegality of the plan was obvious,” Carter wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election … Every American — and certainly the President of the United States — knows that in a democracy, leaders are elected, not installed.”

Judge Carter had even more to say:

In his order, Carter made an unusually bold statement wishing for accountability so that history does not repeat itself.

“If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself,” the judge wrote.

“More than a year after the attack on our Capitol, the public is still searching for accountability. This case cannot provide it. The Court is tasked only with deciding a dispute over a handful of emails. This is not a criminal prosecution; this is not even a civil liability suit,” he wrote.

“At most, this case is a warning about the dangers of ‘legal theories’ gone wrong, the powerful abusing public platforms, and desperation to win at all costs,” Carter added. “If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution.”

I hope Merrick Garland is paying attention.

Another big story from The Wall Street Journal: Roman Abramovich and Ukrainian Peace Negotiators Suffer Suspected Poisoning.

Russian oligarch Roman Abramovich and Ukrainian peace negotiators suffered symptoms of suspected poisoning after a meeting in Kyiv earlier this month, people familiar with the matter said.

Roman AbramovichFollowing the meeting in the Ukrainian capital, Mr. Abramovich, who has shuttled between Moscow, Lviv and other negotiating venues, as well as at least two senior members of the Ukrainian team developed symptoms that included red eyes, constant and painful tearing, and peeling skin on their faces and hands, the people said.

They blamed the suspected attack on hard-liners in Moscow who they said wanted to sabotage talks to end the war. A person close to Mr. Abramovich said it wasn’t clear who had targeted the group.

Mr. Abramovich and the Ukrainian negotiators, who include Crimean Tatar lawmaker Rustem Umerov, have since improved and their lives aren’t in danger, the people said. Ukraine’s president, Volodymyr Zelensky, who has met with Mr. Abramovich, wasn’t affected, they said. Mr. Zelensky’s spokesman said he had no information about any suspected poisoning.

\Western experts who looked into the incident said it was hard to determine whether the symptoms were caused by a chemical or biological agent or by some sort of electromagnetic-radiation attack, the people familiar with the matter said.

Read more at the WSJ. There was no paywall when I opened the link.

I’m going to end there so I can get this posted. What do you think about all this? What other stories are you following?


Lazy Caturday Reads: Mostly SCOTUS Stuff

Biden New Cat

Willow, the Biden family’s new pet cat at the White House on Wednesday, Jan. 27, 2022. The Washington Monument can be seen in the distance. (Erin Scott/The White House, AP)

Good Afternoon!!

Joe Biden wasn’t my first choice for the Democratic nomination in 2020; in fact, I didn’t want him to run at all. But I was wrong. He has been a good president so far, and his deep foreign policy knowledge and experience have been showcased during the Ukraine crisis. This morning Biden was in Poland meeting with U.S. troops at the Ukraine border. It appears he’s a hit as commander-in-chief.

Yesterday the majority of the Supreme Court acknowledged that Biden is in fact commander-in-chief of the U.S. armed forces, but Alito, Gorsuch, and Thomas disagreed. Ian Millhiser at Vox: The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.

The Supreme Court on Friday evening decided, no, it was not going to needlessly insert itself in the military chain of command above President Joe Biden.

The Court’s decision in Austin v. U.S. Navy SEALs 1-26 largely halted a lower court order that permitted certain sailors to defy a direct order. A group of Navy special operations personnel sought an exemption from the Pentagon’s requirement that all active duty service members get vaccinated against Covid-19, claiming that they should receive a religious exemption.

A majority of the Court effectively ruled that, yes, in fact, troops do have to follow orders, including an order to take a vaccine.

The decision is undeniably a win for the balance of power between the executive branch and the judiciary that has prevailed for many decades. But the fact that the Court had to weigh in on this at all — not to mention that three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority — is a worrisome sign about America’s judiciary.

Brett Kavanagh explained why he sided with the majority:

…laying out why the lower court erred, this court “in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.” Had the Court ruled the other way in SEALs, it would have effectively placed itself at the apex of the military’s chain of command, displacing Biden as commander-in-chief.

Henry (dog) and traveling companion Baloo, by Cynthia

Henry (dog) and traveling companion Baloo, by Cynthia Bennett

But as Kavanaugh correctly notes in his concurring opinion, there is a long line of Supreme Court precedents establishing that courts should be exceedingly reluctant to interfere with military affairs.

In Gilligan v. Morgan (1973), for example, the Court held that “the complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments,” and that “it is difficult to conceive of an area of governmental activity in which the courts have less competence.”

Nevertheless, Judge Reed O’Connor, a notoriously partisan judge in Texas who is best known for a failed effort to repeal the Affordable Care Act, ruled in favor of the service members who refused to follow a direct order. And the conservative United States Court of Appeals for the Fifth Circuit refused the Navy’s request to stay key parts of O’Connor’s order.

That left the responsibility of restoring the military’s proper chain of command to the Supreme Court. Though the Court’s order does not wipe out O’Connor’s decision in its entirety, it temporarily blocks that decision “insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions.”

In other SCOTUS news, the Ginni Thomas story is still snowballing. Daknikat wrote quite a bit about Thomas yesterday; https://skydancingblog.com/2022/03/25/friday-reads-you-shouldnt-go-back-home/if you haven’t read her post, please check it out.

Scott Wong at NBC News: Ginni Thomas pressed for GOP lawmakers to protest 2020 election results.

Shortly after the 2020 election, Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, sent an email to an aide to a prominent House conservative saying she would have nothing to do with his group until his members go “out in the streets,” a congressional source familiar with the exchange told NBC News.

Thomas told an aide to incoming Republican Study Committee Chairman Jim Banks, R-Ind., that she was more aligned with the far-right House Freedom Caucus, whose leaders just two months later would lead the fight in Congress to overturn the results of Democrat Joe Biden’s victory.

Cat who thinks he's a dog by Jack Shepherd

Cat who thinks he’s a dog by Jack Shepherd. He was raised with and by the dogs.

The RSC was long representative of the most conservative House members, but in the past several years, it has been replaced by the tea party-driven Freedom Caucus.

Thomas wrote to the aide that Freedom Caucus members were tougher than RSC members, were in the fight and had then-President Donald Trump’s back, according to the source familiar with the email contents. Until she saw RSC members “out in the streets” and in the fight, she said, she would not help the RSC, the largest caucus of conservatives on Capitol Hill.

Her November 2020 email came in response to a request from the RSC to offer policy recommendations as Banks was set to take the helm of the group in early 2021. But when Thomas portrayed the RSC as soft in its support for Trump and told its members to take to the streets, the aide thanked her for her suggestions and moved on….

The email exchange suggests Thomas was pressuring Republicans in Congress to get more aggressive in fighting for Trump at a key moment when the lame-duck president and his inner circle were devising a strategy to overturn the results of the 2020 election and keep him in power.

Obviously Thomas has access to powerful politicians only because she is married to Clarence Thomas.

Conservative columnist Matt Lewis at The Daily Beast: If Ginni Thomas’ Big Lie Texts Don’t Shock You, Nothing Will.

“Biden and the Left [are] attempting the greatest Heist of our History.”

“[The] Biden crime family & ballot fraud co-conspirators…are being arrested and…will be living in barges off GITMO to face military tribunals for sedition.”

Oh yeah, and “Watermarked ballots in over 12 states have been part of a huge Trump & military white hat sting operation in 12 key battleground states.”

1_8ThGM6IyBuw7QUIMKmUtaw

Another photo of the cat who thinks he’s a dog and his friends, by Jack Shepherd.

These aren’t the rantings of some obscure, tinfoil hat-wearing lunatic. These are just a few of the 29 text messages sent by Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, to Donald Trump’s Chief of Staff Mark Meadows. These messages were sent in the wake of Joe Biden’s 2020 presidential victory, as Mrs. Thomas sought to push Meadows to try to overturn the 2020 election results—sometimes quoting far-right websites to make her case.

In a world where more tenuous relationships than a spouse have sparked huge controversies (think Barack Obama’s relationships with the Rev. Jeremiah Wright and the former Weather Underground activist Bill Ayers), the level of this conflict of interest should be condemned by intellectually honest conservatives.

As one smart observer put it, “If you had a problem with Bill Clinton meeting with Attorney General Loretta Lynch on the tarmac, you should probably have a problem with Ginni Thomas’s barrage of texts to White House Chief of Staff Mark Meadows in the days preceding a legitimate self-coup attempt.”

Click the link to read the rest.

Another conservative take from David French at The Atlantic: The Worst Ginni Thomas Text Wasn’t From Ginni Thomas. Mark Meadows and the dangerous religious zeal of “Stop the Steal.”

After giving examples of Thomas’s text messages, French writes:

This is the kind of communication that would make you worry about a family member’s connection to reality. When it comes from the wife of a Supreme Court justice who enjoys direct access to the White House chief of staff, it’s not just disturbing; it’s damaging to the Supreme Court….

It is…understandable if ordinary Americans wonder whether she’s made an impact on her husband, and it’s important for Justice Thomas to recuse himself from any future cases that could potentially involve additional disclosures of his wife’s communications with the White House or her involvement in the effort to overturn the election.

Mako-the-Cat-Dog- thinks he's a cat

Mako the Cat-Dog: raised by cats, he thinks he is one.

But the Ginni Thomas texts were not the most alarming aspect of Woodward and Costa’s story. There was a text in the chain that disturbed me more than anything Ginni Thomas wrote. It came from Meadows, and here’s what it said: This is a fight of good versus evil . . . Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.

One of the most dangerous aspects of the effort to overturn the election was the extent to which it was an explicitly religious cause. January 6 insurrectionists stampeded into the Senate chamber with prayers on their lipsProminent religious leaders and leading Christian lawyers threw themselves into the effort to delay election certification or throw out the election results entirely. In the House and Senate, the congressional leaders of the effort to overturn the election included many of Congress’s most public evangelicals.

They didn’t just approach the election fight with religious zeal; they approached it with an absolute conviction that they enjoyed divine sanction. The merger of faith and partisanship was damaging enough, but the merger of faith with lawlessness and even outright delusion represented a profound perversion of the role of the Christian in the public square.

Read the rest at The Atlantic.

More Ginni Thomas stories:

The Washington Post: Ethics experts see Ginni Thomas’s texts as a problem for Supreme Court.

The New York Times: Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?

The Washington Post Editorial Board: Justice Thomas’s wife is a political extremist. This is now a problem for the court.

There are quite a few stories today that deal with the disrespectful treatment that Supreme Court Nominee Ketanji Brown Jackson received from Republicans in her Senate confirmation hearings.

I really liked this one from Kevin Cullen at The Boston Globe, because he trotted out an old saying that my Dad often used: You can always tell a Harvard man, but you can’t tell him much.

One of life’s inexplicable wonders is how Harvard can produce someone as grounded and poised and principledas Ketanji Brown Jackson and also someoneas unmoored and annoying and unscrupulous as Ted Cruz.

Providing clear evidence of how pathetic my existence is, I watched Jackson’s confirmation hearing start to finish, a marathon of high drama and low farce.

Am I a loser? Yes, but nothing likethe preening senators who treated Jackson with appalling disrespect, with constant interruptions and cynical questions meant to gin up their base, not ascertain whether Jackson is qualified to sit on the Supreme Court.

Cat and rabbit cuddlingIf you had to boil down the objections of Republicans to Jackson it is this: She’s a soft-on-crime, pedophile-coddling, racist-baby-kissing, terrorist-hugging Critical Race Theory nut job.

Other than that, they acknowledged, she seems nice enough.

It was hard to decide which senator combined rudeness and pandering to produce the greatest mix of condescension. Besides Cruz, Senators Lindsey Graham, Josh Hawley, and Tom Cotton – another Harvard man! – all covered themselves in something less than glory.

But when it comes unctuousness, Cruz takes the cake.

That he and Jackson served together on the Harvard Law Review didn’t spare Jackson from his unremitting bile.

Senate Judiciary Committee Chairman Dick Durbin repeatedly told Cruz he was going over his allotted time and violating rules. Proving the old adage that you can always tell a Harvard man but you can’t tell him much, Cruz ignored Durbin.

Cruz was too busy yammering about racist babies and fake women and child pornographers to pay attention to something as inconsequential as rules.

When Cruz said, “Under the modern leftist sensibilities, if I decide right now that I’m a woman, then apparently I’m a woman,” I thought, “This guy went to Harvard Law School?”

Read the rest if you can use a laugh.

More follow up stories on the Jackson hearings:

Dana Millbank at The Washington Post: Ivy League Republicans’ phony rebellion against the ‘elites.’

Ruth Marcus at The Washington Post: Forget advise and consent. This is smear and degrade.

The Independent: Hawley attacked Ketanji Brown Jackson’s ‘alarming’ record on sex offenders. He agreed to an abuser getting only probation.

Two articles on Wesley Hawkins, who was sentenced by Jackson as an 18-year-old and was the subject of much of the GOP screaming and yelling about child porn cases:

The New York Times: Who is Wesley Hawkins? Republicans zero in on Jackson’s sentencing of a teen in a child sex abuse case.

The Washington Post: Wesley Hawkins, talk of the Jackson hearings, describes life after pornography sentence.

Sorry this is so late. WordPress deleted my post in progress twice and I had to reconstruct it. Have a great weekend!


Thursday Reads

Good Afternoon!!

It’s another big news day. We lost Madeline Albright, the first woman to serve as U.S. Secretary of State, paving the way for other women to meet with NATO allies and announce new sanctions on Russia. Afterwards, he will visit Poland and perhaps even go to the border of Ukraine. Today is the final day of the hearings on Ketanji Brown Jackson’s nomination to the Supreme Court. Today will be dedicated to testimony from people who support or oppose her nomination. The Ukraine war continues, with reports of Ukrainian victories and numerous analyses of the failure of Putin’s efforts to subdue it’s neighbor. I’ll get to as much of this news as I can.

Madeline Albright

The Washington Post: Madeleine Albright, first female secretary of state, dies at 84.

220323154249-01c-albright-gallery-restricted-super-169

Madeline Albright

Madeleine K. Albright, who came to the United States as an 11-year-old political refu­gee from Czechoslovakia and decades later was an ardent and effective advocate against mass atrocities in Eastern Europe while serving as U.S. ambassador to the United Nations and the first female secretary of state, died March 23 in Washington. She was 84.

The cause was cancer, her family said in a statement.

Before Dr. Albright, the inner sanctum of U.S. foreign policymaking had been an almost exclusively male domain. In many ways, her politically fraught early life — enduring Nazi and communist repression — impelled her rise to the highest levels of international politics.

Her family, which was Jewish, narrowly avoided extermination at the hands of the Nazis. They fled to England shortly after Hitler’s tanks rolled into Czechoslovakia in 1938.

Several of Dr. Albright’s relatives, including three grandparents, died in the concentration camps of Theresienstadt and Auschwitz. After the war, Dr. Albright’s father, a Czech diplomat wary of communism, feared he would be arrested following a 1948 coup by hard-line Stalinists in Prague. The family escaped once more, this time to the United States.

Before she died, Albright wrote an op-ed for The New York Times, published Feb 3: Putin Is Making a Historic Mistake.

In early 2000, I became the first senior U.S. official to meet with Vladimir Putin in his new capacity as acting president of Russia. We in the Clinton administration did not know much about him at the time — just that he had started his career in the K.G.B. I hoped the meeting would help me take the measure of the man and assess what his sudden elevation might mean for U.S.-Russia relations, which had deteriorated amid the war in Chechnya. Sitting across a small table from him in the Kremlin, I was immediately struck by the contrast between Mr. Putin and his bombastic predecessor, Boris Yeltsin.

Obit Albright

FILE – U.S. Secretary of State Madeleine Albright smiles as she shakes hands with Russian acting President Vladimir Putin, right, in Moscow’s Kremlin, on Feb. 2, 2000. 

Whereas Mr. Yeltsin had cajoled, blustered and flattered, Mr. Putin spoke unemotionally and without notes about his determination to resurrect Russia’s economy and quash Chechen rebels. Flying home, I recorded my impressions. “Putin is small and pale,” I wrote, “so cold as to be almost reptilian.” He claimed to understand why the Berlin Wall had to fall but had not expected the whole Soviet Union to collapse. “Putin is embarrassed by what happened to his country and determined to restore its greatness.”

I have been reminded in recent months of that nearly three-hour session with Mr. Putin as he has massed troops on the border with neighboring Ukraine. After calling Ukrainian statehood a fiction in a bizarre televised address, he issued a decree recognizing the independence of two separatist-held regions in Ukraine and sending troops there.

Mr. Putin’s revisionist and absurd assertion that Ukraine was “entirely created by Russia” and effectively robbed from the Russian empire is fully in keeping with his warped worldview. Most disturbing to me: It was his attempt to establish the pretext for a full-scale invasion.

Should he invade, it will be a historic error.

It sure looks like she was right. For more on Albright and Putin, check out this interview she gave to NPR’s All Things Considered in June, 2021: Madeleine Albright had a lot to say about Putin — and she didn’t mince words.

Biden in Europe

AP News: US to expand Russia sanctions, accept 100K Ukraine refugees.

BRUSSELS (AP) — The United States will expand its sanctions on Russia in response to the invasion of Ukraine, targeting members of the country’s parliament and the central bank’s gold reserves, the White House announced Thursday.

At the same time, Washington will increase its humanitarian assistance by welcoming 100,000 Ukrainian refugees and providing an additional $1 billion in food, medicine, water and other supplies.

The White House announced the initiatives as U.S. President Joe Biden and world leaders gathered in Brussels for a trio of summits in response to the Russian invasion, seeking new ways to limit the economic and security fallout from the conflict.

Ukrainian President Volodymyr Zelenskyy addressed the day’s first meeting, an emergency NATO summit, where he called for “military assistance without limitations.” He pleaded for anti-air and anti-ship weapons, asking “is it possible to survive in such a war without this?”

A U.S. official, who requested anonymity to discuss internal deliberations, said Western nations are discussing the possibility of providing anti-ship weapons amid concerns that Russia will launch amphibious assaults along the Black Sea coast.

There should be a lot more news about Biden’s trip in the course of the day today.

Ketanji Brown Jackson

The Washington Post Editorial Board: Republicans boast they have not pulled a Kavanaugh. In fact, they’ve treated Jackson worse.

Throughout her Senate confirmation hearings, Judge Ketanji Brown Jackson has been a model of composure, which is made all the more impressive by the egregious behavior of some on the Republican side.

1239443608.0

Ketanji Brown Jackson

During the hearings, Republicans such as Sen. Lindsey O. Graham (S.C.) have congratulated themselves for declining to treat Judge Jackson the way Democrats handled the nomination of Brett M. Kavanaugh. In fact, by the most relevant measures, Mr. Graham and a handful of other Judiciary Committee Republicans have handled themselves worse.

A woman credibly accused Mr. Kavanaugh of sexual assault. Democrats rightly asked the committee to investigate. After a superficial FBI review, Republicans pressed forward his nomination. In the end, it was Mr. Kavanaugh who behaved intemperately, personally attacking Democratic senators and revealing partisan instincts that raised questions about his commitment to impartiality.

By contrast, Republicans have smeared Judge Jackson based on obvious distortions of her record and the law. Mr. Graham and others painted her as a friend of child pornographers, despite the fact that her sentences in their cases reflect the judicial mainstream. Even conservative outlets had debunked these accusations before the hearings began. The more Judge Jackson argued for rationality in criminal sentencing — or attempted to, as Mr. Graham continually interrupted her — the more Mr. Graham ranted about the evils of child pornography, which Judge Jackson had already condemned repeatedly and her record plainly shows she takes seriously.

graham-berates-jackson-over-kavanaughMr. Graham also attacked Judge Jackson for her work defending Guantánamo Bay detainees, acknowledging that no one should judge her for representing unpopular defendants or advocating zealously for her clients — and then proceeding to do just that.

Sen. Marsha Blackburn (R-Tenn.) used much of her time assailing those concerned about transgender people. Sen. Ted Cruz (R-Tex.) attacked Judge Jackson for sitting on the board of Georgetown Day School, a D.C. private school, because he disapproves of its anti-racism curriculum, which Judge Jackson has never endorsed, let alone relied upon in a ruling. Similarly, several Republicans complained that outside pressure groups favored her nomination, even though she has no connection to them. These attacks by association underscored that they had little substance on which to criticize her.

Dahlia Lithwick at Slate: Cory Booker Aside, Democrats Stranded Ketanji Brown Jackson.

The third day of hearings for Ketanji Brown Jackson’s confirmation to the Supreme Court came to a close on Wednesday following another 10-plus hours filled with character smears about child pornography from Republican senators and more phony umbrage about some out of context quotes. At this point, with just one more day of testimony from outside witnesses remaining, it is worth noting that this entire circus is being performed to try to pick off two or three Republican votes—and perhaps one Democratic vote—that will probably not come. One of the reasons Sen. Lindsey Graham is quite literally spitting and screaming about amicus briefs filed on behalf of Guantanamo Bay detainees two decades ago, is because having voted to confirm Judge Jackson to a federal appeals court less than a year ago, he must manufacture sufficient umbrage to vote against her now. Happily for Sen. Graham, time has gradually reduced him to a pile of free floating umbrage held together by hair.

If we can all agree that the purpose of this charade for Graham is to try to flip Sens. Susan Collins or Lisa Murkowski, and that for Sen. Ted Cruz, the purpose of this charade is to goose his own twitter mentions, and for Sen. Josh Hawley the purpose is to take what was a fringe “endangering our children” smear campaign last week and push it to the GOP mainstream today, it’s manifestly clear who the real pornographers are this week. But if we can all agree what the GOP agenda has been, I remain utterly mystified by the Democrats. They have the votes to confirm. They are about to irrevocably alter the course of American history. So what are they afraid of?

1236166050.0

Josh Hawley lectures Supreme Court nominee Ketanji Brown Jackson.

I wrote earlier this week about the utter failure on the part of Senate Judiciary Committee Democrats to connect this hearing to what is going to be a catastrophic series of progressive losses at the Supreme Court this term, and the almost staggering inability to lay out any kind of theory for progressive jurisprudence, or even a coherent theory for the role of an unelected judiciary in a constitutional democracy. My colleague Mark Joseph Stern wrote today about a broadside attack on the whole idea of unenumerated rights, substantive due process, and the entire line of cases that protect Americans from penalties for using birth control, forced sterilization, indoctrination of their children, and afford them the right to marry who they want. More mysterious than this coordinated GOP project to undermine LGBTQ rights, marriage equality, contraception, and abortion—again, none of this is new or shocking—was the almost complete silence from Senate Democrats on these issues of substantive due process, privacy, and bodily autonomy. On the simplest level the hearing might have been an opportunity to explain why Roe v Wade is in fact the tip of the constitutional iceberg; that the same doctrinal underpinnings at risk in this term’s looming catastrophe of Dobbs v. Jackson Women’s Health Organization could lead to existential losses of countless other freedoms. But the hearings were framed as if Republicans stand to lose the court, and the midterms, while the Democrats behaved as if the future of the courts, the Senate, and democracy itself has no bearing on what happened inside the Senate chamber.

Please read the rest at Slate.

More reads to check out on this topic:

Mark Joseph Stern at Slate: The Ketanji Brown Jackson Hearings Show Marriage Equality Is the Next Target Once Roe Falls.

Jennifer Rubin at The Washington Post: GOP grandstanders aren’t the only reason Jackson’s confirmation hearings were so disgraceful.

Glenn Kessler at The Washington Post: These Trump judges failed Hawley’s sentencing test for Jackson.

The New York Times: QAnon Cheers Republican Attacks on Jackson. Democrats See a Signal.

The Washington Post: American Bar Association says Jackson is ‘A-plus’ on final day of confirmation hearings.

Ukraine War

CNN: Ukrainians claim to have destroyed large Russian warship in Berdyansk.

Lviv, Ukraine (CNN) Ukrainian armed forces said they destroyed a large Russian landing ship at the port of Berdyansk in southern Ukraine on Thursday.

The port, which had recently been occupied by Russian forces with several Russian warships in dock, was rocked by a series of heavy explosions soon after dawn.

Social media videos showed fires raging at the dockside, with a series of secondary explosions reverberating across the city.

The Armed Forces of Ukraine said they had “destroyed a large landing ship,” which they named as the “Orsk”in a post on Facebook.

The Ukrainian armed forces said that besides destroying the Orsk, two more ships were damaged.

“A 3,000-ton fuel tank was also destroyed. The fire spread to the enemy’s ammunition depot. Details of the damage inflicted on the occupier are being clarified,” they said.

It’s not known what weapon was used to attack the port.

More Ukraine/Russia reads

CNN: The bodies of Russian soldiers are piling up in Ukraine, as Kremlin conceals true toll of war.

The Economist: The Stalinisation of Russia. As it sinks in that he cannot win in Ukraine, Vladimir Putin is resorting to repression at home.

Douglas London at The Wall Street Journal: Spies Will Doom Putin. After invading Ukraine, he’s tightening the screws the way the Soviets did—and that will help the CIA recruit Russians.

Lawrence Freedman at Comment is Freed: Losing Wars and Saving Face.

I guess that’s enough to keep us busy. I hope Thursday goes well for you and yours.