Posted: November 6, 2021 | Author: bostonboomer | Filed under: Afternoon Reads | Tags: Anthony Gonzalez, Astroworld Festival, bipartisan infrastructure bill, Donald Trump, Trump Republicans, University of Florida professors |
Good Afternoon!!

Photo by Wu Hongli
Last night, the House finally passed the bipartisan infrastructure bill, no thanks to a group of “progressives.” CNN: These 6 House Democrats voted against the infrastructure bill. These 13 Republicans voted for it.
The House on Friday voted 228-206 to pass a $1.2 trillion infrastructure bill after hours of delays and debating among Democrats, sending the bipartisan measure to President Joe Biden’s desk for his signature.
But while Democratic leaders managed to unify House progressives and moderates to hold a vote on the Senate-passed bill, not all members of the party ultimately supported it.
A number of progressives — who have consistently called for both the infrastructure and the separate economic package, known as the Build Back Better Act, to move together — voted “no” on the legislation.
Here are the six House Democrats who broke from their party to vote against the bill: Rep. Jamaal Bowman of New York, Rep. Cori Bush of Missouri, Rep. Alexandria Ocasio-Cortez of New York, Rep. Ilhan Omar of Minnesota, Rep. Ayanna Pressley of Massachusetts, Rep. Rashida Tlaib of Michigan
Thirteen Republicans in the House voted with Democrats to approve the bill. They are: Rep. Don Bacon of Nebraska, Rep. Brian Fitzpatrick of Pennsylvania, Rep. Andrew Gabarino of New York, Rep. Anthony Gonzalez of Ohio, Rep. John Katko of New York, Rep. Adam Kinzinger of Illinois, Rep. Nicole Malliotakis of New York, Rep. David McKinley of West Virginia, Rep. Tom Reed of New York, Rep. Chris Smith of New Jersey, Fred Upton of Michigan, Rep. Jeff Van Drew of New Jersey, Rep. Don Young of Alaska.
Also from CNN: Here’s what’s in the bipartisan infrastructure bill.
The bill calls for investing $110 billion for roads, bridges and major infrastructure projects. That’s significantly less than the $159 billion that Biden initially requested in the American Jobs Plan.
Included is $40 billion for bridge repair, replacement and rehabilitation, according to the bill text. The White House says it would be the single, largest dedicated bridge investment since the construction of the interstate highway system, which started in the 1950s.
The deal also contains $16 billion for major projects that would be too large or complex for traditional funding programs, according to the White House.

Photo by Hisakata Hiroyuki
Some 20%, or 173,000 miles, of the nation’s highways and major roads are in poor condition, as are 45,000 bridges, according to the White House.
The investments would focus on climate change mitigation, resilience, equity and safety for all users, including cyclists and pedestrians.
Also in the package is $11 billion for transportation safety, including a program to help states and localities reduce crashes and fatalities, especially of cyclists and pedestrians, according to the White House. It would direct funding for safety efforts involving highways, trucks, and pipeline and hazardous materials.
And it contains $1 billion to reconnect communities — mainly disproportionately Black neighborhoods — that were divided by highways and other infrastructure, according to the White House. It will fund planning, design, demolition and reconstruction of street grids, parks or other infrastructure.
The bill will provide funding for public transit and rail, broadband upgrade, upgrading airports, ports and waterways, electric vehicles, improving power and water systems, and environmental remediation. Read more details at the CNN link. See also this article at The New York Times: This Is Where the States Want Billions in Infrastructure Funding Spent.
The Republicans who voted for the bill are being attacked by the Trump Party. Aaron Blake at The Washington Post: GOP erupts over its House members bailing out Biden.
Biden’s $1.2 trillion infrastructure bill passed late Friday night and is headed for his signature after months of intense wrangling over the details — particularly whether it would be tied to a larger spending plan that progressives insisted upon passing alongside it. But in the end it wasn’t really those progressives who provided the key votes, but rather 13 Republicans. The final vote count was 228 to 206, meaning if no Republicans had voted for the bill, it wouldn’t have passed.
And some Republicans are predictably furious — with undersold questions about House Minority Leader Kevin McCarthy’s (R-Calif.) future leadership of the party potentially in the offing.
“I can’t believe Republicans just gave the Democrats their socialism bill,” Rep. Matt Gaetz (R-Fla.) said….
“That 13 House Republicans provided the votes needed to pass this is absurd,” Rep. Chip Roy (R-Tex.) said.

By Andrei Salokhin
Others threatened before the vote to target or launch primaries against the defectors in their midst.
“Vote for this infrastructure bill and I will primary the hell out of you,” Rep. Madison Cawthorn (R-N.C.) said shortly before the vote.
Rep. Marjorie Taylor Greene (R-Ga.), in her typically understated fashion, warned last week that any Republican who voted for the bill would be “a traitor to our party, a traitor to their voters and a traitor to our donors.” After the vote, she accused the 13 of having voted to “pass Joe Biden’s Communist takeover of America” and tweeted the phone numbers to their congressional offices (while for some reason only listing 12 of the 13)….
“That 13 House Republicans provided the votes needed to pass this is absurd,” Rep. Chip Roy (R-Tex.) said.
Others threatened before the vote to target or launch primaries against the defectors in their midst.
“Vote for this infrastructure bill and I will primary the hell out of you,” Rep. Madison Cawthorn (R-N.C.) said shortly before the vote.
This is pretty interesting. I wonder if the DC press will begin writing about Republicans in disarray? Just kidding.
Friday’s GOP defections were even more significant than during the last Trump impeachment, when 10 Republicans voted to impeach the president — a historically high number. And the fact that on Friday they provided the votes necessary for passage makes this even more fraught.

Photo by Willard Culver
They were also more significant than many, including McCarthy, suggested they might be. While McCarthy previously kept his powder dry on whipping against the bill, he ultimately pushed for his members to vote against it. As recently as last week, McCarthy said, “I don’t expect few, if any, to vote for it, if it comes to the floor today.” In another interview, he was asked about the infrastructure bill and said, “It will fail.”
Circumstances change, but the defections from McCarthy’s party line were significant for the modern era. They also notably included Rep. Nicole Malliotakis (R-N.Y.), who had been made part of the team led by Minority Whip Steve Scalise (R-La.) just earlier this year — the same whipping operation that failed Friday.
Malliotakis comes from a region which stood to benefit more than others from the bill and accounted for many of the GOP yes votes; 5 of the 13 came from New York and New Jersey. But that one in particular has to sting. We knew at least a few Republicans would vote yes and others were seemingly freed up to vote for a bill once it was headed for passage. But 10 Republicans voted for the bill rather quickly, and the eventual total number of defections gave the bill more than just a veneer of bipartisanship (especially when combined with the Senate vote).
Check out this headline at The National Review: Disgraceful House Republicans Rescue Biden’s Flailing Agenda.
One of the Republicans who voted yes has issued a warning for the future. CNN: Retiring GOP lawmaker warns Trump will try to steal the next election.

Photo by Hisakata Hiroyuki2
The quotes are from CNN’s excellent special “Trumping Democracy: An American Coup,” If you didn’t watch it last night, I hope you will see it next time it airs. More Gonzalez quotes:
Gonzalez pointed to election officials like Gates as a key reason Trump was unsuccessful in his attempts to subvert the election result in 2020.
“The institutions don’t hold themselves,” he said. “In the moments of truth, you need the right people to pass the most difficult tests. We had just enough people on January 6 pass the test. We have to make sure we have equal number of people to continue to pass the test going forward.”
But Gonzalez and other Republicans fear the officials who stopped Trump in 2020 may be replaced by those “more beholden to him than their oath,” thanks to the former President’s revenge campaign against those who opposed his election lies.
Trump has endorsed Republicans who have embraced his lies about the election in key battleground states for normally low-key secretary of state races, seeking to replace officials who rebuffed his pressure campaign such as Georgia Republican Brad Raffensperger.
“It looks to me that he has evaluated what went wrong on January 6: Why is it that he wasn’t able to steal the election? Who stood in his way?” Gonzalez said. “And he’s going methodically state by state at races from, you know, state Senate races all the way down to county commissioner races trying to get the people who — the Republicans, the RINOs, in his words — who stopped this, who stopped him from stealing the election.”
In other news, those professors who were ordered not to testify in a voting rights case have filed a lawsuit.
Three professors filed a lawsuit against the University of Florida on Friday, claiming school officials violated their right to free speech by trying to prevent them from offering testimony in a voting rights case.
The case further inflames a heated debate over academic freedom, one that has brought national attention and criticism to the state flagship university.
It was filed on the same day school officials reversed course: After a week of controversy and pushback from faculty, alumni and academics across the country, the University of Florida on Friday said the three political science professors should not be barred from testifying in a voting rights lawsuit against the administration of Gov. Ron DeSantis (R).
The complaint by the professors contends the university is discriminating against them based on viewpoints they wish to express, and by trying to prevent them from offering expert testimony on issues of overwhelming public importance, UF violated their First Amendment rights.
Seeking to restrict the professors from testifying is contrary to UF’s stated mission as a public research institution — “to share the benefits of its research and knowledge for the public good,” and to the principles of academic freedom and free speech, the complaint says.
The lawsuit asks the court to declare unlawful the policy of “stifling faculty speech against the State.”
Tragedy struck at a music festival in Houston last night. USA Today: At least 8 dead, ‘scores’ more injured at concert during Astroworld Festival in Texas, officials say.
Houston authorities are investigating what officials described as a crowd surge that killed at least eight people and injured “scores” of others during the annual Astroworld music festival in Houston while rapper Travis Scott performed.
Officials declared a “mass casualty incident” at 9:38 p.m. Friday local time during the festival at NRG Park, where an estimated 50,000 people were in attendance, Houston Fire Chief Samuel Peña told reporters during an overnight news briefing.
“The crowd began to compress toward the front of the stage, and that caused some panic, and it started causing some injuries, said Peña. “People began to fall out, become unconscious, and it created additional panic.”
As first responders rushed to the scene, 17 people were transported to local hospitals, including 11 who were in cardiac arrest, the fire chief said. There were scores of other injuries, he added.
Peña said officials did not yet know the cause of death for the eight victims. It was not immediately clear whether they were among those transported to hospitals.
Many people were also treated at the scene, where a field hospital had been set up. About 300 people were examined at that site throughout the day, said Peña.
Astroworld promoters had medical personnel and an emergency transport component at the festival, but “they were quickly overwhelmed” as the injury count mounted at “really a chaotic event,” the fire chief said.
Read more at the link.
That’s all I have for you today. What stories are you following?
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Posted: November 4, 2021 | Author: bostonboomer | Filed under: morning reads, U.S. Economy, U.S. Politics | Tags: academic freedom, Charlottesville rally, Deborah Lipstadt, Donald Trump, Federal Reserve, Igor Danchenko, inflation, January 6 Committee, John Durham, Neo-Nazis, Steele Dossier, voter suppression, Voting Rights Act, witch hunt |
Good Morning!!

Peter Saul, Washington Crossing the Delaware, 1975
The mainstream media, led by The New York Times, is writing the Democrat’s obituary after Terry McAuliffe’s loss in the Virginia gubernatorial race, but I don’t feel like writing about that. I have no idea whether the loss will affect the 2022 midterms. I don’t really want to think about it, except that I hope the Democrats will finally do something about the filibuster. There has been some talk of changing Senate rules for voting rights legislation, after Republicans once again blocked debate on the Voting Rights Act.
The New York Times: Republicans Block a Second Voting Rights Bill in the Senate.
Senate Republicans on Wednesday blocked legislation to restore parts of the landmark Voting Rights Act weakened by Supreme Court rulings, making it the second major voting bill to be derailed by a G.O.P. filibuster in the past two weeks.
Despite receiving majority support, the John Lewis Voting Rights Advancement Act, named for the civil rights activist and congressman who died last year, fell nine votes short of the 60 required to advance over Republican opposition.
In the aftermath of the defeat, Senate Democrats said they would intensify internal discussions about altering filibuster rules or making other changes to allow them to move forward on voting rights legislation despite deep resistance by Republicans, who have now thwarted four efforts to take up such measures.
“Just because Republicans will not join us doesn’t mean Democrats will stop fighting,” said Senator Chuck Schumer, Democrat of New York and the majority leader, after the vote. “We will continue to fight for voting rights and find an alternative path forward.”
Yesterday the Federal Reserve announced plans to deal with inflation. I don’t know about you, but I’ve been affected by the rising food prices. Even though we’re getting the biggest Social Security increase in a very long time, it isn’t going to be enough. The New York Times: Fed Takes First Step Toward End of Pandemic Measures.
The Federal Reserve on Wednesday took its first step toward withdrawing support for the American economy, saying that it would begin to wind down a stimulus program that’s been in place since early in the pandemic as the economy heals and prices climb at an uncomfortably rapid pace.

Peter Saul’s Columbus Discovers America, 1992-1995, points the way to the painter’s mature work, distinguished by provocative subject matter and a cartoon-based style.
Central bank policymakers struck a slightly more wary tone about inflation, which has jumped this year amid booming consumer demand for goods and supply snarls. While officials still expect quick cost increases to fade, how quickly that will happen is unclear.
Fed officials want to be prepared for any outcome at a time when the economy’s trajectory is marked by grave uncertainty. They are not sure when prices will begin to calm down, to what extent the labor market will recover the millions of jobs still missing after last year’s economic slump, or when they will begin to raise interest rates — which remain at rock-bottom to keep borrowing and spending cheap and easy.
So the central bank’s decision to dial back its other policy tool, large-scale bond purchases that keep money flowing through financial markets, was meant to give the Fed flexibility it might need to react to a shifting situation. Officials on Wednesday laid out a plan to slow their $120 billion in monthly Treasury bond and mortgage-backed security purchases by $15 billion a month starting in November. The purchases can lower long term interest rates and prod investors into investments that would spur growth.
Assuming that pace holds, the bond buying would stop altogether around the time of the central bank’s meeting next June — potentially putting the Fed in a position to lift interest rates by the middle of next year.
John Durham’s “investigation” into the origins of the FBI/DOJ investigation of Trump’s ties to Russia is beginning to look like a real witch hunt. The New York Times: Authorities Arrest Analyst Who Contributed to Steele Dossier.
Federal authorities on Thursday arrested an analyst who in 2016 gathered leads about possible links between Donald J. Trump and Russia for what turned out to be Democratic-funded opposition research, according to people familiar with the matter.
The arrest of the analyst, Igor Danchenko, is part of the special counsel inquiry led by John H. Durham, who was appointed by the Trump administration to scrutinize the Russia investigation for any wrongdoing, the people said.
Mr. Danchenko, was the primary researcher of the so-called Steele dossier, a compendium of rumors and unproven assertions suggesting that Mr. Trump and his 2016 campaign were compromised by and conspiring with Russian intelligence officials in Moscow’s covert operation to help him defeat Hillary Clinton.
The people familiar with the matter spoke on condition of anonymity because the indictment of Mr. Danchenko had yet to be unsealed. A spokesman for Mr. Durham did not respond to a request for comment.

Peter Saul, Quack-Quack, Trump, 2017
So this information was leaked without any indication of what the basis of the arrest was. What laws did Danchenko break? The last Durham arrest was hinky too.
The charges against Mr. Danchenko follow Mr. Durham’s indictment in September of a cybersecurity lawyer, Michael Sussmann, which accused him of lying to the F.B.I. about who he was working for when he brought concerns about possible Trump-Russia links to the bureau in September 2016.
Mr. Sussmann, who then also worked for Perkins Coie, was relaying concerns developed by data scientists about odd internet logs they said suggested the possibility of a covert communications channel between the Trump Organization and Alfa Bank, a Kremlin-linked financial institution. He has denied lying to the F.B.I. about who he was working for.
Today is the hearing about whether Trump has any right to claim executive privilege over documents related to the January 6 insurrection. CNN: High-stakes hearing Thursday in Trump effort to block release of presidential documents.
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Posted: November 2, 2021 | Author: bostonboomer | Filed under: morning reads | Tags: Annissa Essaibi-George, Boston Mayor, Brad Raffenspurger, Glenn Youngkin, Michelle Wu, National Guard, Ruth Bader Ginsburg, SCOTUS, Terry McAuliffe, Virginia Governor |
Good Morning!!

MIchelle Wu and Annissa Essaibi-George are running for Mayor of Boston.
Today is election day in states across the country. The is the deadlocked race between gubernatorial candidates Terry McAuliffe and Glenn Youngkin is getting the most attention, but there’s also a historic election in Massachusetts, where a woman of color most likely will be elected Mayor of Boston today. 7News Boston: Boston voters heading to the polls for historic mayor’s race.
BOSTON (AP) — Boston voters are heading to the polls Tuesday not only to choose between Democrats Michelle Wu and Annissa Essaibi George for mayor, but to mark a turning point in the city’s history, for the first time electing a woman and person of color to helm Boston.
The choice of Wu and Essaibi George for the top political post is just the latest marker of how much the Boston of not-so-long-ago — known for its ethnic neighborhoods, glad-handing politicians and mayors with Irish surnames — is giving way to a new Boston.
Throughout its long history, Boston has previously only elected white men as mayor.
Despite the groundbreaking nature of the candidates, the campaign has turned on familiar themes for the city’s 675,000 residents, including public education, policing, public transportation and the skyrocketing cost of housing.
Among the newer issues facing Boston residents is the effect of climate change on the costal metropolis.
One of the thorniest issues in the campaign is whether Boston should pursue a form of rent control or rent stabilization, something supported by Wu and opposed by Essaibi George. In 1994, Massachusetts voters narrowly approved a 1994 ballot question banning rent control statewide.
Both candidates have spent the final hours of the campaign urging their voters to get to the polls.
Nearly 40,000 ballots have already been cast in early voting. Democratic Secretary of the Commonwealth William Galvin told reporters Monday he estimates about 135,000 ballots will be cast in Boston — about 30% of the city’s 442,000 registered voters.
Both candidates are children of immigrants.
The 36-year-old Wu, whose parents immigrated to the U.S. from Taiwan, grew up in Chicago and moved to Boston to attend Harvard University and Harvard Law School.
Essaibi George, 47, a lifelong Boston resident and former public school teacher, describes herself as a first-generation Arab-Polish American. Her father was a Muslim immigrant from Tunisia. Her mother, a Catholic, immigrated from Poland.
The contest could also be a test of whether voters in a city long dominated by parochial neighborhood politics are ready to tap someone not born and raised in the city like Wu, who grew up in Chicago.
In Virginia, McAuliffe and Youngkin are running neck and neck, and observers are speculating about how the result with impact the midterm elections in 2022. Bloomberg: Virginia Race Offers Hint of 2022 Fight to Control Congress.
Virginia’s gubernatorial contest Tuesday between Terry McAuliffe and Glenn Youngkin will offer the clearest picture yet of how much momentum Republicans have heading into 2022 elections that will decide control of Congress, while President Joe Biden struggles to advance his agenda in Washington.
Polls show the Virginia race essentially deadlocked as Democrat McAuliffe’s lead during the summer evaporated along with Biden’s approval ratings. In the final weeks of the campaign, Republican Youngkin, the former co-chief executive officer of the Carlyle Group Inc., has capitalized on voter frustration with national Democrats and local education issues.
The election comes a day after Senator Joe Manchin, a moderate Democrat from West Virginia, slammed the door on Biden’s wish for Congress to take quick action on his $1.75 trillion tax and spending package, the centerpiece of his presidential campaign. Virginia, a state Biden won by 10 percentage points a year ago, is a bellwether for the Congressional midterms. A McAuliffe loss would be the biggest omen for Democratic prospects to hold onto their slim majority in Congress.
Longtime Democratic strategist Jesse Ferguson said that Virginia is often an “early-warning system” for the party in power as to how it will do in the midterms, especially because of the diversity of the state, which includes rural, suburban and urban areas; military, farming and technology workers; and White, Hispanic and Black voters.
“Virginia allows you for a dry run of the arguments you’re going to make in the midterms, to see how different parts of the electorate respond,” Ferguson said.
Read more at the link.

Peter Saul, Donald Trump in Florida, 2017.
At The Atlantic, Virginia resident Michael Tolhurst writes that a Youngkin win in Virginia could lead to a Constitutional crisis. That’s because governors control the National Guard. I can only provide a brief excerpt, so I hope you’ll read the entire article at The Atlantic.
…[i]n addition to the substantive policy disagreements or politics as pastime, people across America should be monitoring the outcome of this race for another reason: Governors command the National Guard, and after the January 6 riot, the country saw the National Guard defend our constitutional order.
at the outbreak of the Civil War, the prompt arrival of the 6th Regiment Massachusetts Volunteer Militia in Washington, D.C., in April 1861 helped secure a capital precariously close to the battlefront. Later forces arrived, building up the defenses around the city in the Northern Virginia towns of Arlington and Alexandria. This included, a century and a half before I came to live in the area, Connecticut’s 22nd Regiment in which my many-greats-grandfather Edwin Tolhurst served. (His military experience was unromantic—he dug ditches in the red mud of Northern Virginia for nine months, caught consumption, and died shortly after he was discharged.)
We’re not, of course, in a civil war. But law professors and public intellectuals have seriously discussed the possibility of secession or a “national divorce.” A recent University of Virginia study revealed that 41 percent of people who voted for Joe Biden in 2020 and 52 percent of Donald Trump voters “at least somewhat agree that it’s time to split the country.” The same study revealed that significant numbers on both sides wish their preferred president wouldn’t have to be constrained by Congress or the courts.
Given this tinderbox, we unfortunately have to revisit the question of what role the present-day state militias—the National Guard—and the governors who command them might play in a constitutional crisis. As the writer Andrew Sullivan put it, there is an “increasingly nihilist cult on the right among the GOP” that has shown an “increasingly menacing contempt for electoral integrity and a stable democracy.” Will all elected governors rush to the defense of the constitutional order when necessary, as did the 6th Massachusetts and the 22nd Connecticut? Or will they fight for a separatist movement? This is not a happy thought, but as even previously respectable institutions are being coy about the possibility of such a conflict, it must be considered.
It’s difficult to accept that the situation is getting that serious, but you just have to look at how completely the Republican Party has been captured by the Trump/Q-Anon cults to understand that we need to be prepared for the worst. I still need to finish reading the powerful Washington Post series on the January 6 insurrection, but I hope to do so this afternoon.

The Barbarians by Max Ernst, 1937
Harking back to the 2020 presidential election, Georgia Secretary of State Brad Raffenspurger has written a book. AP: Georgia official: Trump call to ‘find’ votes was a threat.
Donald Trump was threatening Georgia Secretary of State Brad Raffensperger when he asked him to help “find” enough votes to overturn his loss in Georgia to Democratic President Joe Biden, Raffensperger writes in a new book.
The book, “Integrity Counts,” was released Tuesday. In it, Raffensperger depicts a man who defied pressure from Trump to alter election results, but also reveals a public official settling political scores as he seeks to survive a hostile Republican primary environment and win reelection in 2022.
An engineer who grew wealthy before running for office, Raffensperger recounts in his book the struggle in Georgia that followed Biden’s narrow victory, including death threats texted to his wife, an encounter with men who he says may have been staking out his suburban Atlanta home, and being escorted out of the Georgia capitol on Jan. 6 as a handful of right-wing protesters entered the building on the same day many more protesters stormed the U.S. Capitol.
The book climaxes with the phone call, which was recorded and then given to multiple news organizations. Raffensperger — known as a conservative Republican before Trump targeted him — writes that he perceived Trump as threatening him multiple times during the phone call.
“I felt then — and still believe today — that this was a threat,” Raffensperger writes. “Others obviously thought so, too, because some of Trump’s more radical followers have responded as if it was their duty to carry out this threat.”
Fulton County District Attorney Fani Willis is investigating potential attempts to improperly influence Georgia’s 2020 election. Raffensperger said in an interview with The Associated Press that Willis’ investigators have talked to some employees in his office, but that he hasn’t been interviewed.
Read more about the book at USA today: Brad Raffensperger, GOP target of Trump ire in Georgia, warns of potential for more election violence.

Ruth Bader Ginsburg, by Bijou Karman
Another extremely important issue we face is that “conservatives” have taken over the Supreme Court. Linda Greenhouse at The Atlantic: What Can Liberals on the Supreme Court Do Now? They’re outnumbered, but they’re not powerless.
By the time the Supreme Court started its new term on the first Monday of October, a tumultuous summer of midnight orders and unsigned opinions had left no doubt about who was in charge. A five-member conservative bloc, anchored by three Trump-appointed justices, had largely stripped Chief Justice John Roberts of leverage and the three remaining liberals of any hope of striking a meaningful alliance with him. The best the liberals can hope for now, even with the chief justice on their side, is a 5–4 loss.
What path is open to them? Can they play a weak hand in a way that can make a difference? Is building bridges worthwhile, or has the time come to burn them all down? These are the questions hovering over the opening of a term that is likely to produce major decisions on abortion, religion, and the Second Amendment.
Perhaps some answers can be found in the memory of Ruth Bader Ginsburg, who died in September 2020 and was replaced with astonishing speed by Amy Coney Barrett. Powerless in her later years to change minds on the increasingly conservative Court, Ginsburg used the tool at her disposal: her voice. The purpose of her blunt and quotable dissenting opinions was not only to call out the majority when she believed it was wrong but to shape how the public understood the Court’s actions.
It’s easy to forget that this was not always Ginsburg’s way. For most of her years on the public stage, there was nothing flamboyant about her. Quite the opposite: A woman of few, precisely chosen words, she seemed content to fade into the background. During her years on the federal appeals court in Washington, she was so well known for her friendship with that court’s conservatives, particularly Antonin Scalia, who moved up to the Supreme Court in 1986, that many leaders of the women’s movement didn’t quite trust her when Bill Clinton chose her to fill his first Supreme Court vacancy, in 1993. In a lecture Ginsburg delivered months before her nomination, she emphasized the importance of dialogue and said that the “effective judge … strives to persuade, and not to pontificate,” and “speaks in a moderate and restrained voice.”
She didn’t become the “Notorious RBG” until much later; the bestselling biography Notorious RBG: The Life and Times of Ruth Bader Ginsburg came out in 2015. By then, Ginsburg had been on the Court for 22 years. It wasn’t so much that Ginsburg had changed as that the Court and the culture had changed around her.
Read the rest at The Atlantic.
Today will be a busy news day. What stories are you following? Please share your thoughts and links in the comment thread below.
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Posted: October 30, 2021 | Author: bostonboomer | Filed under: Afternoon Reads | Tags: Greg Jacob, January 6 insurrection, John Eastman, Mike Pence, National Archives, Trump attempted cover up, Trump coup attempt |

Le Chat Noir, Théophile Steinlen (1896)
Good Afternoon!!
There is a great deal of news today about Trump’s attempted coup and his attempts to cover up what he did. The more that comes out the clearer it becomes that Trump really tried to bring down the U.S. government and install himself as a Putin-like strongman. Furthermore, he’s not finished yet.
Last night, The Washington Post broke a bombshell story about the extent of Trump lawyer John Eastman’s efforts to force Mike Pence to overturn the electoral college votes on January 6, 2020: During Jan. 6 riot, Trump attorney told Pence team the vice president’s inaction caused attack on Capitol.
As Vice President Mike Pence hid from a marauding mob during the Jan. 6 invasion of the Capitol, an attorney for President Donald Trump emailed a top Pence aide to say that Pence had caused the violence by refusing to block certification of Trump’s election loss.
The attorney, John C. Eastman, also continued to press for Pence to act even after Trump’s supporters had trampled through the Capitol — an attack the Pence aide, Greg Jacob, had described as a “siege” in their email exchange.
“The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,” Eastman wrote to Jacob, referring to Trump’s claims of voter fraud.
Eastman sent the email as Pence, who had been presiding in the Senate, was under guard with Jacob and other advisers in a secure area. Rioters were tearing through the Capitol complex, some of them calling for Pence to be executed.
The Post also published a draft op-ed that Jacob wrote but never submitted until now. Back to the original story:
Jacob, Pence’s chief counsel, included Eastman’s emailed remarks in a draft opinion article about Trump’s outside legal team that he wrote later in January but ultimately chose not to publish. The Washington Post obtained a copy of the draft. Jacob wrote that by sending the email at that moment, Eastman “displayed a shocking lack of awareness of how those practical implications were playing out in real time.”

Black Cats in Paris, by Atelier De Jiel
Jacob’s draft article, Eastman’s emails and accounts of other previously undisclosed actions by Eastman offer new insight into the mind-sets of figures at the center of an episode that pushed American democracy to the brink. They show that Eastman’s efforts to persuade Pence to block Trump’s defeat were more extensive than has been reported previously, and that the Pence team was subjected to what Jacob at the time called “a barrage of bankrupt legal theories.”
Eastman confirmed the emails in interviews with The Post but denied that he was blaming Pence for the violence. He defended his actions, saying that Trump’s team was right to exhaust “every legal means” to challenge a result that it argued was plagued by widespread fraud and irregularities.
“Are you supposed to not do anything about that?” Eastman said.
He stood by legal advice he gave Pence to halt Congress’s certification on Jan. 6 to allow Republican state lawmakers to investigate the unfounded fraud claims, which multiple legal scholars have said Pence was not authorized to do.
There’s much more at the link.
Also at The Washington Post, Aaron Black highlights the story’s revelation that Trump and Eastman tried to leverage the attack itself to force Pence’s hand: The most shocking new revelation about John Eastman.
After Pence aide Greg Jacob emailed Eastman to tell him that his “bull—-” legal advice was why Pence’s team was “under siege,” Eastman responded that it was in fact Pence’s fault.
“The ‘siege’ is because YOU and your boss did not do what was necessary to allow this [election challenge] to be aired in a public way so that the American people can see for themselves what happened,” Eastman replied, as revealed in a previously unpublished op-ed by Jacob.
Blaming a guy currently in hiding for fear of his life is certainly a position to take. We knew Trump posted a tweet attacking Pence early in the riot, even after Pence had just gone into hiding, but it hasn’t been clear that Trump knew he was in hiding or the level of the danger involved. Here is Trump’s lawyer suggesting that even when they were able to appreciate the danger, Pence was still being leaned on.

By Day She Made Herself Into A Cat, Arthur Rackham (1920)
But that’s arguably not even the most compelling evidence that Trump and Eastman tried to leverage the mob. Check out this section of The Post’s report about what happened after the Capitol had been cleared and Congress had reconvened:
Pence allowed other lawmakers to speak before they returned to counting the votes, and said he wasn’t counting the time from his speech or the other lawmakers against the time allotted in the Electoral Count Act.
Eastman said that this prompted him to email Jacob to say that Pence should not certify the election because he had already violated the Electoral College Act, which Pence had cited as a reason that he could not send the electors back to the states.
“My point was they had already violated the electoral count act by allowing debate to extend past the allotted two hours, and by not reconvening ‘immediately’ in joint session after the vote in the objection,” Eastman told The Post. “It seemed that had already set the precedent that it was not an impediment.”
This is all a bit dense. But what it basically amounts to is Eastman attempting to use the fallout of a mob riot — one spurred by his and Trump’s baseless claims of voter fraud and Eastman’s highly unorthodox plan to overturn the election — to then get Pence to reject election results based upon a technicality.
This morning The Guardian published this piece by Ed Pinkington: ‘A roadmap for a coup’: inside Trump’s plot to steal the presidency.
In an interview with the Guardian, Eastman explained that he had been asked to prepare the memo by one of Trump’s “legal shop”. “They said can you focus first on the theory of what happens if there are not enough electoral votes certified. So I focused on that. But I said: ‘This is not my recommendation. I will have a fuller memo to you in a week outlining all of the various scenarios.’”
Inside the Oval Office, with the countdown on to 6 January, Trump urged Pence to listen closely to Eastman. “This guy’s a really respected constitutional lawyer,” the president said, according to the book I Alone Can Fix It.
Eastman, a member of the influential rightwing Federalist Society, told the Guardian that he made clear to both men that the account he had laid out in the short memo was not his preferred option. “The advice I gave the vice-president very explicitly was that I did not think he had the authority simply to declare which electors to count” or to “simply declare Trump re-elected”.
Eastman continued: “The vice-president turned to me directly and said, ‘Do you think I have such powers?’ I said, ‘I think it’s the weaker argument.’”

Grumpy Cat, by Vanessa Stockard
Instead, Eastman pointed to one of the scenarios in the longer six-page memo that he had prepared – “war-gaming” alternatives. His favorite was that the vice-president could adjourn the joint session of Congress on 6 January and send the electoral college votes back to states that Trump claimed he had lost unfairly so their legislatures could have another go at rooting out the fraud and illegality the president had been railing about since election day.
“My advice to the vice-president was to allow the states formally to assess the impact of what they had determined were clear illegalities in the conduct of the election,” Eastman said. After a delay of a week or 10 days, if they found sufficient fraud to affect the result, they could then send Trump electors back to Congress in place of the previous Biden ones.
The election would then be overturned.
“Those votes are counted and TRUMP WINS,” Eastman wrote in his longer memo, adding brashly: “BOLD, certainly … but we’re no longer playing by Queensbury rules.”
Then why did Eastman send that e-mail to Jacob in the middle of the violent insurrection? It’s pretty obvious that Eastman is just trying to get himself out of trouble. It’s a mystery to me why he hasn’t been disbarred. Pilkington’s story is long and well worth reading in full.
Andrew Kaczynski and Em Steck at CNN’s KFILE: Trump lawyer John Eastman said ‘courage and the spine’ would help Pence send election to the House in comments before January 6.
Yeah, right. Eastman is a liar, and not a very good one.
There’s also news about the documents Trump is trying to hide from the January 6 committee. Kyle Cheney at Politico: Call logs, speech drafts among records Trump is trying to block from Jan. 6 investigators.
Donald Trump is seeking to prevent Jan. 6 investigators from accessing daily presidential diaries, drafts of election-related speeches, logs of his phone calls, handwritten notes and files of top aides, the National Archives revealed in a Saturday morning court filing.
According to the National Archives, the former president has sought to block about 750 pages out of nearly 1,600 identified by officials as relevant to the Jan. 6 investigation. Among them are hundreds of pages from “multiple binders of the former press secretary [Kayleigh McEnany] which is made up almost entirely of talking points and statements related to the 2020 election,” according to the court filing.

Painting by Donge Kobayashi
The filing details are the clearest indication yet of what Trump is trying to withhold from congressional investigators seeking information about his efforts to overturn the 2020 election results and his activities on the day that a mob of violent Trump supporters stormed the Capitol and disrupted the peaceful transfer of power.
The National Archives indicated that many files were drawn from the systems of key Trump aides including former Chief of Staff Mark Meadows, adviser Stephen Miller and deputy counsel Patrick Philbin.
Other documents include “draft text of a presidential speech for the January 6, 2021, Save America March; a handwritten list of potential or scheduled briefings and telephone calls concerning election issues; and a draft Executive Order concerning election integrity … a draft proclamation honoring deceased Capitol Police officers Brian Sicknick and Howard Liebengood, and associated e-mails from the Office of the Executive Clerk, which relate to the Select Committee’s interest in the White House’s response to the Capitol attack.”
“These records all relate to the events on or about January 6, and may assist the Select Committee’s investigation into that day, including what was occurring at the White House immediately before, during and after the January 6 attack,” Justice Department attorneys, acting on behalf of Archivist David Ferriero, wrote in the filing.
Read more at Politico; see also this article at CNN by Katlyn Polantz: New January 6 court filings reveal what Trump is trying to keep secret from Congress.
Have a very spooky Halloween weekend, Sky Dancers!
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Posted: October 29, 2021 | Author: bostonboomer | Filed under: Afternoon Reads | Tags: Build Back Better plan, CIA black sites, democracy, Facebook name change, Filibuster, Gender Equality, George W. Bush, Guantanamo, Joe Manchin, Mark Zukerberg is evil, National Cat Day, paid family leave, right to vote, Torture |

Audrey Hepburn, Breakfast of Tiffany’s publicity photo by Howell Conant, 1960
Happy National Cat Day!!
47ABC: National Cat Day shines light on fostering, adopting.
SALISBURY, Md. – Friday is National Cat Day, a day all about celebrating our feline friends, but also about raising awareness of adopting and fostering.
This time of year especially, local shelters tell us they’re very busy with kittens and are in need of fosters.
Arynn Brucie with the Brandywine Valley SPCA says adopting and fostering cats and kittens are equally important, and National Cat Day can shed a light on all of the four legged friends who are looking for temporary and permanent homes.
“The shelter is a great stop for them, but not necessarily great long term, so for the older kitties that may not be adjusting well to the shelter, fostering is great for that, kittens that come in without a mom, or super young or a mom with kittens that may not have a soft nice place to land, fostering is really important for that,” she said.
News Nation:
According to nationaltoday.com, National Cat Day was founded in 2005 by Colleen Paige, a lifestyle writer who set out to celebrate beloved pet cats while also putting a spotlight on the thousands still waiting to be rescued.

Jimmy Stewart, Kim Novak and Pyewacket. Promo for “Bell, Book and Candle” (1958)
In celebration of this year’s event, here are some facts, tips and must-have feline finds for any cat lover:
- Cats have been companion animals to humans since ancient times. Research suggests that cats first lived close to humans and primarily served as pest control before being domesticated as pets.
- Cats have been sharing our daily lives for a long time. It’s estimated that cats were first domesticated in Egypt between 10,000 and 12,000 years ago. Today, there are more than 400 million pet cats worldwide and around 90 million pet cats in the United States.
- Cats’ whiskers help them navigate their surroundings. While face whiskers are the most obvious, cats also have object-sensing hairs throughout their bodies.
- Most cats experience a euphoric reaction to catnip. Purring, pawing, rolling and romping are common reactions. Catnip is a safe treat that many felines enjoy as much as their humans enjoy watching their reactions.
- There are a lot of cats in need of rescue. According to the ASPCA, about 3.2 million cats end up in animal shelters each year. Spaying and neutering cats are vital to preventing unwanted litters of kittens.
- Pet cat ownership increased during the pandemic. A 2021 survey by the American Pet Products Association found that 14% of respondents got a new pet in the past year, many of whom chose to get a cat.
Here’s what’s happening in non-cat news:
Jill Filipovic at The Guardian: Joe Manchin single-handedly denied US families paid leave. That’s just cruel.
Americans will remain some of the last people on the planet to have no right to paid leave when they have children, and for that, you can thank Joe Manchin.
To be fair, 50 Republicans are to blame for this as well. All 50 of them oppose Biden’s paid family leave plan, and none were expected to vote for this bill. If even a few of them had been willing to cross the aisle to support parents and new babies – to be, one might say, “pro-life” and “pro-family” – then Manchin would not have the power he does to deny paid family leave to millions of American parents. So let’s not forget this reality, too: most Democrats want to create a paid family leave program. Republicans do not.

Sigourney Weaver in Alien, 1979
But Manchin’s actions are particularly insulting and egregious because he is a Democrat. He enjoys party support and funding. He benefits when Democrats do popular things. And now, he’s standing in the way of a policy that the overwhelming majority of Democrats want, and that is resoundingly popular with the American public, including conservatives and Republicans.
Paid family leave brings a long list of benefits to families, from healthier children to stronger marriages. And it benefits the country by keeping more working-age people in the workforce – when families don’t have paid leave, mothers drop out, a dynamic we’ve seen exacerbated by the pandemic. By some estimates, paid family leave could increase US GDP by billions of dollars.
This is good policy. But it’s also a policy that is, in large part, about gender equality. While paid leave is (or would have been) available to any new parent, the reality is that it’s overwhelmingly women who are the primary caregivers for children, it’s overwhelmingly women who birth children, and it’s overwhelmingly women who are pushed out of the paid workforce when they have kids.
Read more at the The Guardian.
Not to worry though, we can also thank Manchin for preserving the filibuster (sarcasm). Joyce White Vance at MSNBC: Democracy is dying a slow death in America. At least we have the filibuster!
Those who suggest we should sacrifice the right to vote in order to preserve the filibuster are telling a fairy tale about a democracy gone bad.
As of this month, 19 states have passed 33 new laws since the 2020 election that will make it harder for Americans to vote. Using false allegations of voter fraud like a monster beneath the bed, Republican state legislatures have passed laws that make it harder to register to vote, stay registered, cast a ballot and have it counted. We’re already entering the next wave of voting rights violations, as data from the 2020 census is stretched and pulled into politically gerrymandered districts that will be with us for the decade.
These laws will make it much more difficult for some voters — and especially for people of color, people with disabilities, and people of lower economic status — to exercise their rights. Some of the statutes veer perilously close to enabling future candidates to do what former President Donald Trump and his allies attempted in 2020: cancel just enough votes to win.

Anita Ekberg in La Dolce Vita, 1960
Democrats have passed legislation in the House of Representatives that would provide a fix. But it’s come to a standstill in the Senate. That’s true even though Sen. Joe Manchin, D-W.Va., morphed the House’s Help America Vote Act into the less beefy but still important Freedom to Vote Act. He thought, unlike anyone who’s been paying attention to Congress over the last few years, that he could attract Republican votes. Whether Republicans are afraid of their party’s de facto leader or afraid of their own political prospects if all of their constituents are free to vote, the Senate floor vote last week made the state of play clear. We are losing ground, and dangerously so, in the fight to ensure American voters can exercise their most essential right in our democracy. But that’s OK! Because we’ll have something much more important, at least according to the Republicans and to Sens. Manchin and Kyrsten Sinema of Arizona — the filibuster.
In 2024, your state legislature may decide that because your majority-Black county voted Democratic in the presidential election, there must have been fraud involved. They may remove your local election officials and replace them with their own handpicked people who will “find” enough votes to “fix” the outcome of the election for the Republican — all legal because the Senate failed to pass the law that would have prevented states from doing this. When your vote isn’t counted, you can console yourself with the knowledge that the filibuster is still there for you.
I wonder which side Manchin and Sinema would have been supported in the Civil War?
Mark Zukerberg–another candidate for most valuable player in the destruction of democracy–announced yesterday that he’s changing Facebook’s name to Meta. Jason Koebler at Vice News: Zuckerberg Announces Fantasy World Where Facebook Is Not a Horrible Company.
Moments before announcing Facebook is changing its name to “Meta” and detailing the company’s “metaverse” plans during a Facebook Connect presentation on Thursday, Mark Zuckerberg said “some people will say this isn’t a time to focus on the future,” referring to the massive, ongoing scandal plaguing his company relating to the myriad ways Facebook has made the world worse. “I believe technology can make our lives better. The future will be built by those willing to stand up and say this is the future we want.”

Marlon Brando in The Godfather, 1972
The future Zuckerberg went on to pitch was a delusional fever dream cribbed most obviously from dystopian science fiction and misleading or outright fabricated virtual reality product pitches from the last decade. In the “metaverse—an “embodied” internet where we are, basically, inside the computer via a headset or other reality-modifying technology of some sort—rather than hang out with people in real life you could meet up with them as Casper-the-friendly-ghost-style holograms to do historically fun and stimulating activities such as attend concerts or play basketball.
These presentations had the familiar vibe of an overly-ambitious video game reveal. In the concert example, one friend is present in reality while the other is not; the friend joins the concert inexplicably as a blue Force ghost and the pair grab “tickets” to a “metaverse afterparty” in which NFTs are for sale. This theme continued throughout as people wandered seamlessly into virtual fantasy worlds over and over, and the presentation lacked any sense of what this so-called metaverse would look like in practice. It was flagrantly abstract, showing more the dream of the metaverse than anything resembling reality. We’re told that two real people, filmed with real cameras on real couches, are in a “digital space.” When Zuckerberg reveals that Facebook is working on augmented reality glasses that could make any of this even a possibility, it doesn’t show any actual glasses, only “simulated footage” of augmented reality.
“We have to fit holograms displays, projectors, batteries, radios, custom silicon chips, cameras, speakers, sensors to map the world around you, and more, into glasses that are five millimeters thick,” Zuckerberg says.
Whatever the metaverse does look like, it is virtually guaranteed to not look or feel anything like what Facebook showed on Thursday.
Read more delusional stuff at the link. I’m not sure what any of this has to do with the mess I see when I dare to open Facebook.
Of course George W. Bush contributed to the anti-democratic world we’re in today. Here’s a flashback for you from Carol Rosenberg at The New York Times: For First Time in Public, a Detainee Describes Torture at C.I.A. Black Sites.
GUANTÁNAMO BAY NAVAL BASE, Cuba — A suburban Baltimore high school graduate turned Al Qaeda courier, speaking to a military jury for the first time, gave a detailed account on Thursday of the brutal forced feedings, crude waterboarding and other physical and sexual abuse he endured during his 2003 to 2006 detention in the C.I.A.’s overseas prison network.

Art Carney in Harry and Tonto
Appearing in open court, Majid Khan, 41, became the first former prisoner of the black sites to openly describe, anywhere, the violent and cruel “enhanced interrogation techniques” that agents used to extract information and confessions from terrorism suspects.
For more than two hours, he spoke about dungeonlike conditions, humiliating stretches of nudity with only a hood on his head, sometimes while his arms were chained in ways that made sleep impossible, and being intentionally nearly drowned in icy cold water in tubs at two sites, once while a C.I.A. interrogator counted down from 10 before water was poured into his nose and mouth.
Soon after his capture in Pakistan in March 2003, Mr. Khan said, he cooperated with his captors, telling them everything he knew, with the hope of release. “Instead, the more I cooperated, the more I was tortured,” he said.
The dramatic accounting capped a day in which eight U.S. military officers were selected to serve on a jury, which will deliberate Friday on his official sentence in the range of 25 to 40 years, starting from his guilty plea in February 2012.
Read the rest at the NYT.
More stories to check out:
Will Sommer at The Daily Beast: He’s Writing Tucker’s Deranged Jan. 6 Movie—After Directing a Pizzagater’s Opus.
The Washington Post: Flight attendant suffers broken bones in ‘one of the worst displays of unruly behavior’ in the skies.
Reuters: Trump’s real-estate empire pays the price for poisonous politics.
The Bulwark: Truth Social Violated Mastodon’s ToS; Trump’s Entire Platform Might Now Be DOA.
The Washington Post: Chief federal judge in D.C. assails ‘almost schizophrenic’ Jan. 6 prosecutions: ‘The rioters were not mere protesters’
Buzzfeed News: White Supremacists Used Racist Slurs And Cursed In Bizarre Opening Statements For The Charlottesville Trial.
Jane Mayer at The New Yorker: A Retiring Democrat Places Blame for Paralysis in Congress.
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