Wednesday Reads: Kamala Dominates Debate

Good Day!!

maxresdefaultKamala Harris completely dominated Trump in last night’s debate, and in the process made him look like a foolish, angry old man. She threw him off at the outset by forcing him to shake her hand after he stalked to the podium, obviously trying to avoid her. Trump never looked at Harris once during the debate and never said her name, but she looked at him and spoke directly to him.

The moderators gave Trump more time to rant and rave, but Harris made good use of that by using facial expressions to demonstrate her disdain for his stupidity and his many blatant lies. Every time she had the floor, she mocked him mercilessly. She never once lost her cool.

Trump, on the other hand, lost control early on after she mocked his rallies and his obsessions with Hannibal Lector and windmills and then noted that people leave his rallies early because they are bored stiff by his repetitive, nonsensical rants. After that, he flew into a rage and never recovered.

I’m going to share some media reactions to the debate–mostly from independent writers, because I’m personally fed up with the mainstream outlets–especially the NYT and WaPo. 

David Kurtz at Talking Points Memo: Kamala Harris Directly Confronted The Trump Menace In Our Midst.

Kamala Harris practiced a different kind of dominance politics in last night’s debate, confronting the menace of Donald Trump directly and taking him down a peg like you would a schoolyard bully.

After nearly a decade of Trump doing as he pleases with little accountability, a lot of appeasement, and very rare consequence, he was brought up short by an opponent who looked him in the eye, called him out, didn’t back down, and in the process threw him off his game and took command of the debate stage.

The emotional weight of her presentation was centered on confronting him with a combination of mockery, scorn, bemusement, disdain, and condescension. Yes, it got under his skin, Yes, he was rattled, Yes, it turned him into a fulminating old man. I’m less interested though in the stagecraft she used than in the catharsis it provided to viewers who have craved to see Trump get his comeuppance for so many years, only to be repeatedly and endlessly disappointed.

It was Joe Biden’s failure to confront Trump on this level during their debate in June that led to the existential crisis among Democrats. Biden failed in multiple ways in that debate, but the biggest letdown was his failure to stand up to Trump in a convincing fashion and instead let Trump run all over him.

In contrast, Harris confronted Trump repeatedly. She referred to him as a “disgrace” twice, as “dangerous and unfit,” as “confused,” and as lacking the right “temperament” to be president. She derided him to his face as someone dictators know “they can manipulate … with flattery and favors.” She often referred to him in the second person, a more charged and direct way of punching the bully in the nose. She called him out for warring against the rule of law and the Constitution and for his own criminally-charged conduct.

Kurtz posted a number of Harris’ facial reactions to Trump’s nonsense; click the link to see them.

From You Tube, Trump losing it and claiming immigrants are “eating the dogs.”

The Independent on Trump buying into this weird conspiracy theory: Bizarre debate moment Trump wildly claims Haitian migrants are eating pet dogs and cats.

Donald Trump’s false claim that immigrants in Ohio are abducting pets and eating them during Tuesday’s presidential debate was quickly slapped down by ABC News moderator David Muir.

While on the debate stage in Philadelphia, the former president asserted that Haitian immigrants in Springfield, Ohio were “eating dogs” and “eating the cats” while pushing his anti-immigration policies.

“What they have done to our country by allowing these millions and millions of people to come into our country and look at what’s happening to the towns all over the United States,” the former president said.

“In Springfield, they’re eating the dogs. The people that came in. They’re eating the cats. They’re eating – they’re eating the pets of the people that live there. And this is what’s happening in our country, and it’s a shame,” the former president claimed.

As he spoke, Harris looked in disbelief at the former president before laughing.

There is no evidence that Haitian immigrants in Ohio are abducting and eating pets.

Muir corrected the former president, adding: “ABC News did reach out to the city manager there. He told us there had been no credible reports of specific claims of pets being harmed, injured or abused by individuals within the immigrant community.”

Trump interrupted Muir and disputed him, claiming he saw it “on television.”

“Well, I’ve seen people on television. People on television say, ‘My dog was taken and used for food,’ so maybe he said that and maybe that’s a good thing to say for a city manager,” Trump said.

US-VOTE-POLITICS-DEBATE-HARRIS-TRUMP

US Vice President and Democratic presidential candidate Kamala Harris (R) shakes hands with former US President and Republican presidential candidate Donald Trump during a presidential debate at the National Constitution Center in Philadelphia, Pennsylvania, on September 10, 2024. (Photo by SAUL LOEB / AFP)

Josh Fiallo at The Daily Beast on Harris forcing Trump to shake hands: Trump Tries to Dodge Harris’ Handshake Before Debate Starts.

Who saw that coming?

In a shocking slice of professionalism, or perhaps mind games, Donald Trump and Kamala Harris shared an awkward handshake before Tuesday night’s presidential debate.

Harris initiated the greeting, walking to behind Trump’s podium for the brief moment after they each took the stage—Trump from the left and Harris from the right on TV broadcasts.

Trump gave Harris a strong handshake and told her “good luck” before Harris returned to her podium. In photos of the encounter, Harris appears to be smirking and giving Trump a side-eye.

It’s the first handshake before a presidential debate since Trump and Hillary Clinton met for the first time on stage in 2016.

Aaron Rupar’s assessment of the debate at Public Notice: Kamala Harris dogwalks Trump. She put on a debate masterclass, triggering Donald into a tailspin.

Kamala Harris walked right onto that stage in Philadelphia last night, approached Donald Trump as he tried to slink away behind his podium, and shook his hand.

That subtle show of dominance (watch it below) set the tone for a debate performance from the Democratic nominee that was everything Democrats could’ve hoped for and then some.

After a June debate that left me feeling catatonic and made the terrifying prospect of a second Trump presidency more palpable than ever, last night served as a morale-boosting reminder that he’s very beatable — especially considering who he’s up against now.

Kamala Harris won and did so convincingly. And a frazzled Trump doesn’t seem to have answers….

Trump started the debate off calmly, but it didn’t last long. Things really started slipping for him after Harris hit him where it hurts by bringing up the fact that his fans are in the habit of leaving his rallies early.

The facial expressions Harris made as Trump responded by spewing a bunch of angry lies were priceless.

Trump was off balance the rest of the night. He threw JD Vance under the bus while serving up a word salad about his views on abortion. He defended his call decades ago for a group of Black teens to be executed for a crime they did not commit by insisting “a lot of people agreed with me.” He repeatedly refused to answer a question about whether he wants Ukraine or Russia to win the war his dictator buddy started, though he did at one point suggest disconcertingly that Putin might nuke the United States.

One of Trump’s worst moments came during the healthcare discussion. Asked by ABC moderator Linsey Davis if he’s developed any sort of plan over over the past nine years, Trump made clear that he still hasn’t, lamely saying that “I have concepts of a plan.”

Trump was so bad that even Fox News couldn’t sugarcoat it, and CNN’s post-debate panel was openly talking about his obvious decline. And while some of Trump’s troubles were self-inflicted, Harris deserves a lot of credit for masterfully dogwalking him all over the stage….

In addition to triggering Trump over crowd size, Harris pulled no punches during the foreign affairs portion of the debate, saying “world leaders are laughing at Donald Trump” and military leaders think he’s “a disgrace.”

Trump then played right into Harris’s hands by touting his endorsement from Hungarian strongman Victor Orban.

Read more and see more videos at Public Notice.

At The Daily Beast, Lilly Mae Lazarus wrote about Harris’s hilarious facial expressions while Trump was talking: How Kamala Harris’ Face Told the Story of the Debate.

With mics muted during Tuesday night’s debate, there were few opportunities for cross-talk or clapbacks. (At least at the beginning of the night.) Kamala Harris didn’t need to say what she was thinking out loud, though. Her face did most of the talking for her.

The vice president abandoned any semblance of a poker face while Donald Trump rambled and rebutted. She cocked her brow, cringed, and served incredulous side-eye at her political opponent throughout the night. The GOP presidential candidate, meanwhile, did his best to maintain a stoic face.

Please check out the photos of the facial expressions at the Daily Beast link above.

Rolling Stone: Harris Does What Biden Couldn’t at Debate, Destroys Trump on Abortion.

When Donald Trump debated President Joe Biden in June, one of the most cringe-inducing moments was when Trump announced, unchallenged, the batshit insane lie that Democrats want to “kill” babies. “They will take the life of a child in the eighth month, the ninth month, and even after birth — after birth — if you look at the former governor of Virginia, he was willing to do this,” Trump said. “He said, ‘We’ll put the baby aside, and will determine what we do with the baby,’ meaning: We’ll kill the baby.’”

Biden couldn’t choke out a coherent sentence in response. On Tuesday in Philadelphia, Kamala Harris had the chance for a re-do after Trump again pushed the same lie. But even before she opened her mouth, ABC’s Linsey Davis — moderating the debate with her colleague David Muir — corrected Trump: “There is no state in this country where it is legal to kill the baby after it’s born.”

Harris went on to slam Trump for packing the Supreme Court with conservative justices who voted to overturn Roe v. Wade, and detailed the horrific experiences of women living in states that have implemented strict abortion restrictions in the aftermath.

The vice president spoke of “Trump abortion bans that make no exception even for rape and incest, calling on viewers to “understand what that means: A survivor of a crime of violation to their body does not have the right to make a decision about what happens to their body next. That is immoral.” 

She spoke of women bleeding out after miscarriages, afraid to get medical help, and children who are victims of incest being forced to carry pregnancies to term. She pledged, as she has repeatedly since becoming the Democratic nominee, to restore the protections of Roe v. Wade if she is elected with a Democratic majority. “If Donald Trump were to be reelected, he will sign a national abortion ban,” she added.

A representative for Harris campaign, which  aid it was monitoring the reactions of groups of undecided voters via dial groups in battleground states, said those voters had a strong response during the debate when Harris talked about abortion: “This really was off the charts, we rarely see dials go this high.” The represented added that in the 9 p.m. hour during the debate, 71 percent of their grassroots donors were women.

One more reaction from David Frum at The Atlantic: How Harris Roped a Dope. She stayed human when Trump went feral.

Vice President Kamala Harris walked onto the ABC News debate stage with a mission: trigger a Trump meltdown.

She succeeded.

Former President Donald Trump had a mission too: control yourself.

He failed.

Trump lost his cool over and over. Goaded by predictable provocations, he succumbed again and again.

Trump was pushed into broken-sentence monologues—and even an all-out attack on the 2020 election outcome. He repeated crazy stories about immigrants eating cats and dogs, and was backwards-looking, personal, emotional, defensive, and frequently incomprehensible.

Harris-Trump presidential debate hosted by ABC in Philadelphia, Pennsylvania

Democratic presidential nominee, U.S. Vice President Kamala Harris speaks during a presidential debate hosted by ABC with Republican presidential nominee, former U.S. President Donald Trump, in Philadelphia, Pennsylvania, U.S., September 10, 2024. REUTERS/Brian Snyder

Harris hit pain point after pain point: Trump’s bankruptcies, the disdain of generals who had served with him, the boredom and early exits of crowds at his shrinking rallies. Every hit was followed by an ouch. Trump’s counterpunches flailed and missed. Harris met them with smiling mockery and cool amusement. The debate was often a battle of eyelids: Harris’s opened wide, Trump’s squinting and tightening.

Harris’s debate prep seemed to have concentrated on psychology as much as on policy. She drove Trump and trapped him and baited him—and it worked every time.

Trump exited the stage leaving uncertain voters still uncertain about whether or not he’d sign a national abortion ban. He left them certain that he did not want Ukraine to win its war of self-defense. He accused Harris of hating Israel but then never bothered to say any words of his own in support of the Jewish state’s war of self-defense against Hamas terrorism. In his confusion and reactiveness, he seemed to have forgotten any debate strategy he might have had.

Something every woman watching the debate probably noticed: Trump could not bring himself to say the name of the serving vice president, his opponent for the presidency. For him, Harris was just a pronoun: a nameless, identity-less “she,” “her,” “you.” It’s said that narcissists cope with ego injury by refusing to acknowledge the existence of the person who inflicted the hurt. If so, that might explain Trump’s behavior. Harris bruised his feelings, and Trump reacted by shutting his eyes and pretending that Harris had no existence of her own independent of President Joe Biden, whose name Trump was somehow able to speak.

Hemmed, harried, and humiliated, Trump lost his footing and his grip. He never got around to making an affirmative case for himself. If any viewer was nostalgic for the early Trump economy before its collapse in his final year in office, that viewer must have been disappointed. If a viewer wanted a conservative policy message, any conservative policy message, that viewer must have been disappointed. When asked whether he had yet developed a health-care plan after a decade in politics, Trump could reply only that he had “concepts of a plan.”

Almost from the start, Harris was in control. She had better moments and worse ones, but she was human where Trump was feral. She had warm words for political opponents such as John McCain and Dick Cheney; Trump had warm words for nobody other than Viktor Orbán, the Hungarian strongman whom Trump praised for praising Trump. It was an all-points beatdown, and no less a beating because Trump inflicted so much of it on himself.

Frum has come a long way since the GW Bush days. And face it; the guy can really write.

Even Republicans admit that Harris won the debate.

HuffPost: ‘Trump Had A Bad Night’: Conservative Pundits Declare Kamala Harris Winner Of Debate.

Conservative pundits acknowledged on Tuesday that Vice President Kamala Harris got the better of former President Donald Trump in Tuesday’s presidential debate in Philadelphia, citing her success in getting under his skin.

“Let’s make no mistake. Trump had a bad night,” Fox News host Brit Hume said. “We just heard so many of the old grievances that we all know aren’t winners politically.”

“She was exquisitely well-prepared, she laid traps, and he chased every rabbit down every hole,” added former New Jersey Gov. Chris Christie (R), who often appears as a commentator on ABC News.

“Whoever prepared Donald Trump should be fired. He was not good tonight at all,” Christie said.

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Trump lost his cool early in the debate, and never recovered.

Harris baited Trump by bringing up the attendance at his campaign events, saying people leave his rallies early out of boredom and exhaustion. She also got under Trump’s skin by bringing up his calls for the execution of the Central Park Five, the teens who were later exonerated in the 1989 rape of a jogger, calling him a weak person who is mocked by world leaders and questioning his mental acuity.

“We have the biggest rallies, the most incredible in the history of politics,” Trump shot back at one point, veering off his message on immigration.

Trump also got into trouble by again denying he lost the 2020 presidential election despite only days earlier acknowledging he lost “by a whisker.” But the most bizarre moment of the night may have been Trump bringing up false reports of migrants eating people’s pets in Springfield, Ohio, which Republicans have seized on as a reason to crack down on migration at the U.S.-Mexico border.

The Hill: House Republicans bemoan Trump debate performance: ‘Not good.’

House Republicans are bemoaning former President Trump’s performance in the first — and potentially only — debate against Vice President Harris, acknowledging that the Democratic nominee successfully got under her GOP opponent’s skin.

Several times throughout the more than 90-minute debate in Philadelphia, Harris appeared to try to bait Trump with attacks on matters that hit close to home — the size of his rallies, the magnitude of his family fortune, world leaders “laughing” at him — in an effort to thwart his composed posture. Some House Republicans say she succeeded.

“I’m just sad,” one House Republican who is supportive of Trump told The Hill. “She knew exactly where to cut to get under his skin. Just overall disappointing that he isn’t being more composed like the first debate.”

“The road just got very narrow,” they added. “This is not good.”

A second House Republican, who requested anonymity to discuss the sensitive topic, said “many” in the GOP conference were “disappointed” that Trump could not stay on message throughout the debate.

“She talks to us like toddlers but is doing a good job provoking him. He [is] right on policy but can’t keep to a message,” the lawmaker said. “Many are disappointed he couldn’t stay focused or land a punch. Not sure much changes but it wasn’t a good performance.”

“Lots of missed opportunities so far,” a third House Republican told The Hill in a text message during the debate. “It’s not devastating – but it’s not good.”

The final insult for Trump came after the debate, when Taylor Swift announced she will vote for Kamala Harris and Tim Walz for president and vice president. The Guardian: Taylor Swift endorses Kamala Harris for president in post signed ‘childless cat lady.’

Taylor Swift has endorsed Kamala Harris for president, in a post on Instagram published minutes after the US presidential debate, saying the Democratic candidate would be the “warrior” to fight for the rights and causes she believes in.

“As a voter, I make sure to watch and read everything I can,” Swift wrote on Instagram to her 283 million followers late on Tuesday, adding: “I will be casting my vote for Kamala Harris and Tim Walz in the 2024 presidential election”.

“I think she is a steady-handed, gifted leader and I believe we can accomplish so much more in this country if we are led by calm and not chaos.”

In her statement, Swift encouraged her fans to register to vote….

Swift said she had watched the US presidential debate between Harris and Trump, and urged her fans to do their research on “the stances these candidates take on the topics that matter to you the most”.

She signed off “Childless cat lady,” a reference to comments made by Republican vice-presidential candidate JD Vance. The picture that appeared with the post was of Swift with her cat Benjamin Button, one of three she owns.

I’m going to end there, but I have a couple more articles that I’ll share in the comments. If you didn’t watch the debate, You can read the transcript at ABC News and/or watch the full debate on YouTube.

Have a great day!!


Lazy Caturday Reads

Happy Caturday!!

Tetsuhiro Wakabashi 3

By Tetsuhiro Wakabashi

Yesterday we got some earth-shaking news: Dick Cheney endorsed Kamala Harris for president. His daughter Liz had announced her endorsement a couple of days ago. Of course neither Cheney is announcing agreement with Harris’s policies, but they both see the danger that another Trump term would pose for our country and for democracy here and around the world. With just two months to go before the 2024 election, we the people are building a coalition of people with differing political views who will act together to save us from the forces of fascism.

AP: Former Vice President Dick Cheney says he will vote for Kamala Harris.

CHEYENNE, Wyo. (AP) — Former Vice President Dick Cheney, a lifelong Republican, will vote for Kamala Harris for president, he announced Friday.

Liz Cheney, who herself endorsed Harris on Wednesday, first announced her father’s endorsement when asked by Mark Leibovich of The Atlantic magazine during an onstage interview at The Texas Tribune Festival in Austin.

“Wow,” Leibovich replied as the audience cheered.

Like his daughter, Dick Cheney has been an outspoken critic of former President Donald Trump, notably during Liz Cheney’s ill-fated reelection campaign in 2022.

Dick Cheney put out a statement Friday confirming his endorsement, which read almost entirely as opposition to Trump rather than support of Harris.

“He can never be trusted with power again,” the statement said. “As citizens, we each have a duty to put country above partisanship to defend our Constitution. That is why I will be casting my vote for Vice President Kamala Harris.” [….]

Jen O’Malley Dillon, Harris’ campaign chair, released a statement saying, “The Vice President is proud to have the support of Vice President Cheney, and deeply respects his courage to put country over party.”

A bit more from Newsweek: Dick Cheney Reveals His Reason for Endorsing Kamala Harris Over Donald Trump.

Former Vice President and influential Republican Dick Cheney released a statement announcing his endorsement of Democratic nominee Vice President Kamala Harris for President. Speaking out against the Republican nominee, former President Donald Trump, Cheney said that he can “never be trusted with power again.”

“In our nation’s 248 year history, there has never been an individual who is a greater threat to our republic than Donald Trump,” Cheney, 83, said in the statement shared on Sept. 6. “He tried to steal the last election using lies and violence to keep himself in power after the voters had rejected him,” he continued, referencing the events of Jan. 6, 2021.

Cheney, who served as Vice President under President George W. Bush between 2001 and 2009 went on to say that American citizens have a “duty” to prioritize the nation over partisan politics.

Cheney’s endorsement marks the most high profile Republican politician to announce that they will vote for Harris over Republican nominee Trump, further spotlighting other former establishment Republicans who have yet to come out to endorse Trump during this run for the presidency—many of whom have been critical of Trump in the past—including his own former Vice President Mike Pence, former President George W. Bush, and former Republican nominee for President Mitt Romney.

Miroco Machiko, 1981-present

Miroco Machiko, 1981-present

Liz Cheney also announced that she will vote for Democrat Colin Allred, who is challenging Ted Cruz for the Senate. 

The Hill: Liz Cheney will back Allred in Texas Senate race.

Former Rep. Liz Cheney (R-Wyo.) said she would be backing Rep. Colin Allred (D-Texas) in the Texas Senate race, endorsing the House member over the Republican incumbent, Sen. Ted Cruz (R-Texas). 

“I want to say specifically, though, here in Texas, you guys do have a tremendous, serious candidate running for the United States Senate,” Cheney said during her Friday appearance at the Texas Tribune Festival in Austin, stopping as she was cut off by a raucous applause. 

“Oh, well, it’s not Ted Cruz, but Colin Allred is somebody I served with in the House, and somebody who really, when you think about the kind of leaders our country needs, and going to this point about, you know, you might not agree on every policy position, but we need people who are going to serve in good faith,” she said. 

“We need people who are honorable public servants and in this race that is Colin Allred so I’ll be working on his behalf.” 

Allred, who is waging an uphill run to unseat the third-term Cruz, thanked Cheney shortly after on social media, saying the former No. 3 leader of the House Republican Conference is a “patriot who continuously puts country over party because she believes in the importance of protecting our democracy.

“I am so honored to have her support. In the Senate, I will work across party lines to get things done for Texas,” Allred said.

Naturally, the mainstream media is not treating this news with the seriousness it deserves. So far the NYT is AWOL.

Journalist, professor and media critic Jeff Jarvis at his blog Buzz Machine: The unprecedented grand coalition.

As Nicolle Wallace exclaimed on her show Friday, Liz Cheney and Dick Cheney, Alexandria Ocasio-Cortez and Bernie Sanders have all gathered together around a cause. That cause is democracy and its standard bearer is Kamala Harris.

This is a momentous time in the United States, unprecedented at least in this century and likely since long before the Civil War. It is the biggest story in my journalism career. The question is whether our national media will understand this moment — or whether they will continue to insist on their trope of a divided America.

By Tetsuhiro Wakabayashi

By Tetsuhiro Wakabayashi

It is not a divided America. Patriots are gathering together and putting past differences aside to forestall a next civil war, to support and defend the Constitution. The movement that matters is not Trump’s and the Republicans’ fascist insurrection, which is the one that gets attention in news media. The movement that matters now is this one: the movement for democracy.

In recent days, in The Times, Nick Kristof scolded liberals, telling us why we should not demean Trump voters. A few days later in The Washington Post, Matt Bai rebutted, saying he understands Trump voters but asking why he should give them empathy. I say both framings are wrong, for each centers Trump and his fascists.

A much more profound phenomenon is growing — not on the “other side” of the fascists, but instead at the new and true core of American politics and governance. The question is not whether we should demean or understand or empathize with fascists. What we should be concentrating on instead is welcoming those who will stand for democracy in a larger movement.

Jarvis pleads with the both-sides-ing political press:

For God’s sake, political reporters, stop framing these two movements — one to tear down democracy, one to build it up — as equivalent sides across your imaginary continental divide. Stop your false balance. Stop washing the insanity of the fascist party’s leader — and the insanity of his followers for following him. Stop normalizing his and their patently abnormal and abhorrent behavior. Stop trying to predict (in this unprecedented moment, all your “models” and experience and presumptions are worthless). Stop hoping for bad news. Stop making the story about yourself — yes, I am looking at you, A.G. Sulzberger — and please try to understand the threats to democracy, liberty, and life from the perspectives of those who do not share the power and privilege of your platforms. Stop ignoring the rising chorus of critics who are trying to make you and your journalism better — to save journalism from your lapses of judgment. Stop your amnesia about what Trump and company have already shown us to be. Stop making up new white-gloved euphemisms for racism, misogyny, lies, insurgency, corruption, hatred, and grift — call these things what they are, otherwise you are not doing journalism, not informing and explaining reality to your publics.

Yesterday, Trump made a fool of himself again–what else is new? He attended a court hearing on his effort to appeal the jury verdict in the E. Jean Carroll defamation case. Afterward he gave a “press conference” in which he for some strange reason described in detail some of the accusations against him by various women. Trump took no questions as this purported “press conference.”

The Hill: Appeals court weighs Trump’s bid to toss E. Jean Carroll sexual abuse verdict.

Former President Trump appeared before a federal appeals court Friday where his attorney argued that he should get a new trial in writer E. Jean Carroll’s lawsuit accusing him of sexual abuse and defamation that ended in a multimillion-dollar jury verdict. 

Cat and butterfly Woodblock print

Cat and butterfly Woodblock print by Ohara Koson

The argument delved into whether Trump’s trial judge erred by allowing the jury to hear from two other women who accused the former president of sexual assault and the infamous “Access Hollywood” tape, in which Trump can be heard bragging about groping women without their permission. 

“It’s very hard to overturn a jury verdict based on evidentiary rulings,” noted Circuit Judge Denny Chin. 

The three-judge panel on the 2nd U.S. Circuit Court of Appeals, all appointed by Democratic presidents, heard arguments for less than a half-hour, hewing closely to the allotted argument time….

Trump himself attended Friday’s proceeding after not attending any of the trial and later blaming his lawyers for the loss….

Much of the argument revolved around the former president’s claim that his trial judge erred in allowing the jury to hear from two women who accused Trump of sexual assault on a 1979 airplane flight and during a magazine interview in 2005.

Read more about the hearing at the link.

The Washington Post: Trump rants, resurfaces sexual assault allegations for 49 unfocused minutes.

Donald Trump railed against women who have accused him of sexual assault. He baselessly blamed the Biden-Harris administration for his legal difficulties. He appeared to criticize the physical appearances of some of his accusers. “She would not have been the chosen one,” he said of one, later adding that he would “not want to be” involved with another accuser, even as he acknowledged his advisers urged him not to make such a comment.

And those were only some of the ways he veered away from topics voters have said they care most about in what his campaign billed as a “press conference” Friday, with the first ballots to be cast soon in the presidential election. Trump took no questions from the news media.

It was yet another striking strategic choice by the former president, who is in a toss-up race with Vice President Kamala Harris in the polls and facing what could be a historic gender gap in November as he struggles to appeal to women voters. After attending oral arguments Friday morning in his appeal of the verdict that found him liable for sexually abusing advice writer E. Jean Carroll decades ago, he went before the cameras and repeatedly impugned his accusers. He dismissed a string of allegations as entirely meritless as he leaned into his core message that he is a victim of political persecution.

In a roughly 49-minute appearance that sometimes verged into a stream-of-consciousness rant that was hard to follow, Trump also reminisced about his early career as a real estate mogul and reality television star. (“I was,” he said, “a celebrity for a long time.”) He lamented his two impeachments, calling them “impeachment hoax number one, impeachment hoax number two.” And he mentioned Monica Lewinsky, the former White House intern who had an affair with President Bill Clinton, at least three times.

“This is the weaponization of justice at a level that nobody’s ever seen in this country before,” Trump said, blaming the Biden-Harris administration’s Justice Department for his state and federal legal entanglements, even though there is no evidence that the White House has sought to influence any of Trump’s criminal cases. “You see it in Third World countries. You see it in banana republics, but you don’t see it in the United States of America. And it’s a very sad thing. And I think I’m doing a great service by having gone through it.”

“She would not have been the chosen one.” In other words, she was not attractive enough for him to force his sexual attentions on. 

Analysis by Aaron Blake at The Washington Post: Trump’s sudden move to re-litigate sexual abuse claims goes off the rails.

Former president Donald Trump is near a crucial juncture of the 2024 campaign. Mail ballots are due to go out soon, his only scheduled debate with Vice President Kamala Harris is happening in four days and Trump is trying to reverse the momentum Harris has generated in her six-plus weeks as a presidential candidate.

Kanoko Takeuchi

By Kanoko Takeuchi

With that as the backdrop, Trump decided to spend nearly an hour Friday rehashing old grievances, offering a laundry list of false and debunked claims, criticizing his lawyers and going into great and seemingly ill-advised detail about the sexual assault allegations and verdicts against him.

Trump even acknowledged he was advised not to say some of what he said, either because it raised the possibility of yet more legal jeopardy or because it was obviously counterproductive politically.

Trump’s ability to go off-message and rant in ways that make his advisers — and, potentially, voters — squirm is unmatched. But even against that backdrop, this was on another level.

The impetus for the media event at Trump Tower was Trump’s appeal of the E. Jean Carroll sexual assault and defamation civil verdict, which was argued Friday morning. (This is the $5 million verdict against Trump — compared to the later $83.3 million case in another Carroll defamation suit.)

Some examples from Trump’s insane rant:

Trump began by repeating many claims he has made before, including that he doesn’t know Carroll and never met her, despite a photo showing the two of them meeting at one point. He said she made up the story of his assaulting her. The claims closely resembled the ones that were found to be defamatory in both of his cases. Carroll could seemingly sue again, an option her lawyer has reserved in the past when Trump kept saying such things. Her lawyer raised the prospect again Friday.

But Trump actually took things a step further.

At one point, he suggested that the 1987 photo of him and Carroll showing them, in fact, meeting “could have been AI-generated.” (This is the photo in which Trump in a deposition mistook Carroll for his ex-wife Marla Maples.) This is as nonsensical as Trump’s claim that recent images of Harris’s crowd size were faked. The photo first circulated in 2019, when Carroll brought her allegations forward.

At another point, Trump echoed his previous claims about another woman who accused him of sexual misconduct, suggesting that she wouldn’t have been desirable enough — a theme he returned to repeatedly throughout the appearance.

“I know you’re going to say it’s a terrible thing to say, but it couldn’t have happened,” Trump said of the other woman, Jessica Leeds, before adding that “she would not have been the chosen one. She would not have been the chosen one.”

The “chosen one” being the one he would choose to assault? Even the most generous interpretation of his bizarre comment makes it hard to conclude otherwise.

Trump has previously suggested he wasn’t attracted to the women who have accused him. But here he was casting assaulting women as something of a selection process.

Trump dwelled on that point, too, despite indicating that a lawyer had told him, “Please don’t say that I would not want to be involved with her.” He said at another point that his “people” told him not to say that, before saying it: “I would not want to be involved with her.”

There’s much more at the WaPo link.

By Tetsuhiro Wakabayashi (2)

By Tetsuhiro Wakabayashi

Yesterday, Dakinikat wrote about Trump’s embarrassing appearance at the Economic Club of New York and his bizarre response to a question about child care costs. Becky Quick of CNBC was present at the meeting. Josh Fiallo at The Daily Beast: CNBC Anchor: I Can’t Understand Trump’s ‘Crazy’ New Economic Plans.

Trump used a speech to the New York Economic Forum on Thursday to set out his fiscal plans, which included claiming that he would pay for child care by raising tariffs on imports—but left many who saw it confused and unable to explain it.

Among them were the co-anchor of CNBC’s Squawk Box Becky Quick, who was on stage watching while Trump spoke for half an hour.

On Friday morning, she said she couldn’t make any sense of his plans for tariffs.

“The idea you are going to raise a lot of money through tariffs and not have it be inflationary does not make a lot of sense to me,” Quick said on Friday morning’s Squawk Box.

Quick added, “You are either changing behavior or raising money. If you are raising money from it, it is inherently inflationary. Your consumers are not getting low prices.”

Quick’s co-host, Joe Kernen—named in court papers as one of the people on Trump’s contact list when he was in the White House—was equally perplexed at how Trump planned to hike tariffs on foreign goods without sending inflation into overdrive. He called Trump’s plan a “bad, populist idea.”

Trump’s incoherent rant Thursday on tariffs came after—of all things—he was asked what sort of legislation he’d support to make child care affordable.

“If you win in November,” a nonprofit founder asked, “can you commit to prioritizing legislation to make child care affordable, and, if so, what specific piece of legislation will you advance?”

Trump suggested that he’d bring down prices for parents by subsidizing it with money made from higher tariffs on countries like China, but offered no explanation on how that would actually work. His answer went on for two minutes and totaled 360 words, but was mocked by critics as an “absolute word salad.” [….]

I wish someone in the media would follow Lawrence O’Donnell’s suggestion to ask Trump to explain what a tariff is. He describes it as a “tax” on foreign countries, and either doesn’t understand or is lying about the fact that tariffs are simply added to price Americans pay for foreign goods and are obviously inflationary.

One more story before I wrap this up. We haven’t heard much about Ron DeSantis since failed miserably in the Republican primaries. But he is still down in Florida pushing his fascist agenda. 

Tampa Bay Times: DeSantis’ election police questioned people who signed abortion petitions.

Isaac Menasche remembers being at the Cape Coral farmer’s market last year when someone asked him if he’d sign a petition to get Florida’s abortion amendment on the ballot.

He said yes — and he told a law enforcement officer as much when one showed up at the door of his Lee County home earlier this week.

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Cat in Bamboo, Hiroshima, by Jimmy Tsutomu Mirikitani

Menasche said he was surprised when the plainclothes officer twice asked if it was really Menasche who had signed the petition. The officer said he was looking into potential petition fraud.

Though the officer was professional and courteous, Menasche, who has had little interaction with police in his life, said the encounter left him shaken.

“I’m not a person who is going out there protesting for abortion,” Menasche said. “I just felt strongly and I took the opportunity when the person asked me, to say yeah, I’ll sign that petition.”

The officer’s visit appears to be part of a broad — and unusual — effort by Gov. Ron DeSantis’ administration to inspect thousands of already verified and validated petitions for Amendment 4 in the final two months before Election Day. The amendment would overturnFlorida’s six-week abortion ban by proposing to protectabortion access in Florida until viability.

Since last week, DeSantis’ secretary of state has ordered elections supervisors in at leastfour counties to send to Tallahassee at least36,000 petition forms already deemed to have been signed by real people. Since the Times first reported on this effort, Alachua and Broward counties have confirmed they also received requests from the state.

One 16-year supervisor said the request was unprecedented. The state did not ask for rejected petitions, which have been the basis for past fraud cases….

Menasche later posted on Facebook that it was “obvious to me that a significant effort was exerted to determine if indeed I had signed the petition.” He told the Times that the officer who showed up at his door had a copy of Menasche’s driver’s license and other documents related to him.Menasche said he does not recall which agency the officer was with.

I’m so glad I live in a blue state.

That’s all I have for you today. Have a nice weekend!


Wednesday Reads

Good Day!!

This is getting ridiculous. On August 27, Trump staged a campaign event at Arlington National Cemetery, supposedly to commemorate the deaths of 13 soldiers in a suicide bombing that took place during the U.S. withdrawal from Afghanistan. This was not an official event, even though Trump tried to pretend it was. He was apparently invited to the private ceremony by 2 of the deceased soldiers’ families.

As we all know by now, a woman representative of the cemetery tried to stop Trump’s people from filming and photographing in Arlington’s Section 60, because federal law forbids it. Two Trump staff members verbally abused the woman and roughly pushed her aside. Later they claimed that she was mentally ill.

A report was filed with police, but the woman declined to prosecute because she feared reprisals from Trump’s goons and thugs. There are still many questions about this incident, chief among them: why has no reporter or other witness revealed the names of the staffers who attacked the woman? And why has the army refused to provide any further information?

Arlington Cemetery

Arlington National Cemetery

Now, a week later, Trump himself is claiming the incident never happened. David Kurtz from TPM’s Morning Memo: Trump: ‘It Was A Made Up Story.’

Since we last touched base on Trump’s Arlington National Cemetery fiasco, none of the big six outstanding questions have been answered – but Trump may have given himself a new self-inflicted wound.

With the Army declaring the case “closed” after the cemetery staffer in fear of MAGA reprisals declined to press criminal charges over the alleged incident and with a holiday weekend allowing attention to drift away from the story, Trump took the curious step of reigniting the firestorm by publicly issuing a complete denial Tuesday that any kind of altercation took place.

Not only did it not happen but the story was “made up,” Trump claimed, by “Comrade Kamala and her misinformation squad.” It was, in Trump’s telling, just a “BEAUTIFUL DAY OF HONOR” with “no fights or problems.”

Here’s what Trump posted, according to NPR

Former President Donald Trump denied Tuesday there was a conflict or “fighting,” during his visit to Arlington National Cemetery last week, calling it a “made up story,” though Army officials said one of their employees “was abruptly pushed aside” by Trump campaign officials.

“It was a made up story by Comrade Kamala and her misinformation squad,” Trump posted on his Truth Social website using the sobriquet he has coined for Vice President Harris, the Democratic presidential nominee. “She made it all up to make up for the fact that she and Sleepy Joe have BLOOD ON THEIR HANDS for the INCOMPETENT AFGHANISTAN Withdrawal – THE MOST EMBARRASSING DAY IN U.S. HISTORY!!!”

Back to David Kurtz at TPM:

So now we have a situation where the Trump campaign disparaged the cemetery staffer has having a “mental health episode,” said she shouldn’t be in her job, suggested she suffered from Trump Derangement Syndrome – and now Trump himself is claiming nothing even happened.

At the same time, the Army seems desperate to make this all go away.

The Army is currently sitting on the police report filed by the cemetery staffer recounting her version of the incident where she was reportedly verbally abused and shoved aside by two Trump campaign staffers when she tried to enforce cemetery rules against political activities.

As of late last week, Democratic staffers on the Senate Armed Services Committee “have been directly communicating with Army officials about the incident, and are in the process of seeking and receiving the information in the report and about what happened,” according to Greg Sargent

At the at same time, House Democratic staffers attempting to looking into the matter are “frustrated” about resistance from the Army they’re running into, Sargent reports:

“Meanwhile, senior House Democrats are privately pushing Army officials to say more clearly what laws or regulations they think may have been broken and to reveal more details about what happened, another aide says, noting that Democratic staffers are encountering resistance, leaving them frustrated.”

With Trump issuing a blanket denial of any incident even occurring, is the Army going to release the police report and provide more details about the incident or leave the cemetery staffer twisting in the wind?

Apparently, even the U.S. Army is intimidated by Trump.

Will Bunch at The Philadelphia Inquirer: The ugly truth we’re missing on Trump, Arlington. [Hint: misogyny]

….[D]espite a week of headlines, there’s one critical aspect to this story I feel is being ignored, even though it is central to the very essence of Trump’s warped campaign.

The people closest to Trump allegedly shoved and verbally abused a woman — because that’s what they do.

And when the woman complained in a formal statement to the U.S. Army, Team Trump gaslit her by accusing her of being a psycho — seemingly part of an intimidation campaign which was meant to scare the accuser from pressing criminal charges.

Steven Cheung2

Steven Cheung

This blatantly sexist bullying of the Arlington employee has worked — just as it’s worked so many times for Trump himself during his decades-long trail of sexual abuse and harassment allegations, and just as violence and gross mistreatment of women hasn’t thwarted the careers of Trump’s male-dominated inner circle.

We shouldn’t let the other unseemly aspects of Trump’s behavior at one of America’s most sacred places obscure the fact that rank misogyny is the lifeblood of this authoritarian crusade to retake the White House, and that contempt for women saturates everything they do. It runs the gamut from taking away reproductive rights and ridiculing any female who doesn’t become a “tradwife,” to the inner circle’s 100% tolerance policies toward sexual harassment, to the ultimate goal of creating doubts that any woman — first Hillary Clinton, now Kamala Harris — is fit to lead the United States.

In the Arlington affair, the circumstances and setting are different, but the Team Trump response carries powerful echoes of practically every time Trump or his subordinates have been accused of misconduct involving women. Consider the best-known case: that of Manhattan writer E. Jean Carroll, who accused Trump of sexually assaulting her in a department-store dressing room in 1996 and has won civil court judgments over both the assault — which the judge characterized as a rape — and the campaign of defamation surrounding it.

In both the Carroll case and the physical attack at Arlington, Trump insisted the woman was making it all up. And you can hear the echoes of what Trump and his lawyers falsely said about Carroll — that she was a lying political operative — in spokesman Steven Cheung’s outrageous claim about the cemetery employee that she was “clearly suffering from a mental health episode” and in campaign chair Chris LaCivita branding her as “despicable.”

These aggressive deny-and-defame tactics have enabled a billionaire-turned-president to brush off more than two dozen credible allegations of sexual harassment or assault over his career, and — in a demoralizing moment of clarity about the brute force of misogyny in America — defeat the first major-party woman nominee in 2016, even after he was caught on tape bragging about his propensity for grabbing female private parts.

Of course J.D. Vance fits in with this gang of woman-haters, as Bunch goes on to discuss.

Gee, I wonder why Trump is doing poorly among women voters? Alexander Bolton at The Hill: Republicans fret over Trump’s free fall among women.

Republican pollster Whit Ayres says “it’s going to be a challenge” for Trump to chip away at Vice President Harris’s big lead among women.

“The real challenge right now for Republicans is whether they can perform sufficiently well among men to overcome the deficit among women. Given the prominence of abortion in this year’s race and Trump’s past statements about women, the traditional gender gap could become a gender chasm,” he warned.

An ABC News/Ipsos poll published Sunday showed Harris with a huge lead over Trump among women, 54 percent to 41 percent, while Trump enjoyed a more modest 51 percent to 46 percent lead over Harris among men.

Especially concerning for Republicans, the ABC/Ipsos poll showed Harris’s standing among women had jumped significantly compared to before the Democratic convention in Chicago, when she led Trump by only 6 points among women.

A Reuters/Ipsos poll published Thursday also showed Harris with a 13-point lead among women, 49 percent to 36 percent, and Trump with a smaller lead among men voters.

Both polls showed Harris with a 4-percentage point overall lead nationwide.

Trump has tried to win over college-educated and suburban women by moderating his position on abortion and backing free in vitro fertilization (IVF) treatments.

But those proposals are meeting a backlash from anti-abortion conservatives, and GOP strategists are skeptical about how much they will influence women who have already moved away from Trump….

Glenn Kessler at The Washington Post Fact Checker also addressed the Arlington incident: Trump appears to have misled Gold Star families on troop deaths in Afghanistan.

“We didn’t lose one person in 18 months. And then they took over that disaster.”

— Former president Donald Trump, in a video of him at Arlington National Cemetery speaking to the families of U.S. troops killed at Abbey Gate in Afghanistan, posted on TikTok, Aug. 28

This TikTok of Trump’s controversial visit to Arlington, where he marked the third anniversary of a suicide bombing that killed 13 U.S. troops during the chaotic evacuation of Afghanistan overseen by President Joe Biden,has been viewed more than 11 million times. Federal law prohibits election-related activities at military cemeteries, but Trump’s entourage pushed past a cemetery employee who tried to prevent Trump’s aides from bringing cameras, according to the Army.

US-POLITICS-VOTE-TRUMP

Trump senior adviser Chris LaCivita

Those cameras appear to have recorded Trump saying these words to the Gold Star families. (The TikTok shows him talking to families as the words are spoken as a voice-over.) In his phrasing, it sounds as if no troops were killed in Afghanistan during the last 18 months of his presidency. That’s false, though as we will show, there was an 18-month gap with no fatalities across Trump’s and Biden’s combined presidencies.

The Facts

A Trump campaign spokesman did not respond to queries about why Trump says there were no fatalities over 18 months. Using the Defense Casualty Analysis System, we first reviewed every 18-month period in Trump’s four years as president, looking only at deaths in hostile action in Afghanistan during Operation Freedom’s Sentinel, not accidental deaths such as in a vehicle or helicopter crash. There was no such period.

Then we focused on the last 18 months of his presidency — July 20, 2019, to Jan. 20, 2021. That makes the most sense since Trump referenced Biden’s taking over. The Defense Department database showed 12 deaths from hostile action in that period. We double-checked with the news releases issued by the Pentagon in that period and confirmed the 12 names.

The last two deaths occurred on Feb. 8, 2020. Javier Jaguar Gutierrez of San Antonio and Antonio Rey Rodriguez of Las Cruces, New Mexico, both 28, werefatally ambushed by a rogue Afghan policeman. Trump, along with Vice President Mike Pence, flew to Dover Air Force Base when the bodies arrived in the United States.

Kessler also notes that Trump initially agreed with Biden’s withdrawal policy, and he (Trump) also bragged that he was the one who set up the process of withdrawal.

In March 2020, Trump approved an agreement with the Taliban (not the Afghan government at the time) for all U.S. forces to leave the country by May 1, 2021. He sealed the deal with a phone conversation with Abdul Ghani Baradar, a co-founder of the Taliban and head of its political office in Qatar. “We had a good long conversation today and, you know, they want to cease the violence,” Trump told reporters at the time. “They’d like to cease violence also.”

Despite abandoning many of Trump’s policies, Biden honored this one, just stretching out the departure by a few months in 2021.

Trump even celebrated Biden’s decision to stick with the withdrawal. “Getting out of Afghanistan is a wonderful and positive thing to do. I planned to withdraw on May 1st, and we should keep as close to that schedule as possible,” he said in a written statement after Biden announced he would continue the departure set in motion by Trump.

At a political rally on June 26 that year, weeks before the collapse of the Afghan government, Trump bragged that he had made it difficult for Biden to change course. “I started the process. All the troops are coming back home. They couldn’t stop the process,” he said. “Twenty-one years is enough, don’t we think? Twenty-one years. They [the Biden administration] couldn’t stop the process. They wanted to, but it was very tough to stop the process.”

Read the rest at the WaPo.

You might also be interested in this piece by Parker Malloy: How the Media Let Trump Off the Hook for His Arlington National Cemetery Stunt.

A couple of updates on Trump’s legal woes:

AP: Federal judge rejects Donald Trump’s request to intervene in wake of hush money conviction.

A federal judge on Tuesday swiftly rejected Donald Trump’s request to intervene in his New York hush money criminal case, spurning the former president’s attempt at an end-run around the state court where he was convicted and is set to be sentenced in two weeks.

U.S. District Judge Alvin Hellerstein’s ruling — just hours after Trump’s lawyers asked him to weigh the move — upends the Republican presidential nominee’s plan to move the case to federal court so that he could seek to have his conviction overturned in the wake of the U.S. Supreme Court’s presidential immunity ruling.

Trump’s lawyers challenged the decision, filing a notice of appeal late Tuesday in the 2nd U.S. Circuit Court of Appeals. Trump and his lawyers “will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all,” his campaign spokesperson, Steven Cheung, said in a statement.Hellerstein, echoing his denial of Trump’s pretrial bid to move the case, said the defense failed to meet the high burden of proof for changing jurisdiction and that Trump’s conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.

Shirin Ali at Slate: Trump’s Last-Ditch Effort to Delay His Sentencing.

Trump has been doing everything he can to avoid his upcoming sentencing in New York, with his attorneys filing a last-ditch motion last week to get the hush money case transferred to federal court. Meanwhile, special counsel Jack Smith filed a new superseding indictment that adjusts for the Supreme Court’s landmark presidential-immunity decision.

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Manhattan District Attorney Alvin Bragg

A few days later, Trump’s attorneys responded by proposing a timeline for resolving the Jan. 6 federal case that extends well beyond the November election.Last week, the former president’s attorneys filed a removal notice that requested that his hush money case be transferred to federal court and out of New York Supreme Court Justice Juan Merchan’s hands, about two weeks before his scheduled sentencing on Sept. 18.

This is the second time Trump’s defense team has asked to transfer this case; a district-court judge denied its first attempt earlier this year. However, this time around, Trump’s team has the Supreme Court’s presidential-immunity decision to point to. In a 65-page notice, the lawyers argue that Manhattan District Attorney Alvin Bragg’s case was “flawed” and that he used evidence that should not have been admissible because it’s related to “official acts” covered by presumptive immunity.

“Post-trial removal is necessary under these circumstances to afford President Trump an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations,” write Trump’s attorneys.Just three weeks ago, his attorneys also requested that Merchan delay Trump’s Sept. 18 sentencing. Trump has repeatedly tried and failed to get the judge to recuse himself from the hush money trial as well. On Tuesday, Bragg’s office responded to Trump’s removal request, noting that proceedings in state court can continue even as the federal courts consider the request.

That case appears to be decided, but apparently Trump is trying to appeal once again. Back to the Slate article:

The Special Counsel Files a New Indictment

The Supreme Court’s presidential-immunity decision was considered a big win for Trump, but Jack Smith isn’t giving up yet. Last week, the special counsel filed a new superseding indictment in his federal election-interference case against the former president.

The indictment raises the same four counts against Trump as the original did, including for obstruction of an official proceeding, a charge that could be affected by the Supreme Court’s recent ruling in Fischer v. United States. That decision narrowed the scope of the Sarbanes-Oxley Act—it included a section that seemed to broadly outlaw any obstruction of an official proceeding, and the justices ruled that it should apply only to interference with official documents. Smith’s determination to keep the obstruction charges indicates he’s willing to risk litigating the issue further in court.

The superseding indictment also eliminated any mention of former Trump Department of Justice official Jeffrey Clark and cut back significantly on how much it discusses former Vice President Mike Pence’s role. (Trump’s conversations with former DOJ officials and advisers are now considered “official” acts that are covered by absolute immunity and thus cannot be used as evidence, while his conversations with Pence appear to be covered by presumptive immunity.) [….]

Judge Tanya Chutkan has scheduled a hearing Thursday to determine the next steps in this case. Her biggest priority will be to conclude what portions of Smith’s indictment fall under core official presidential acts and what do not. In order to make those decisions, she could find that evidentiary hearings are necessary and require that witnesses testify, though Smith has reportedly been hoping to avoid this kind of minitrial….

The special counsel and Trump’s attorneys filed a joint proposal late last week that laid out two very different timelines for Smith’s federal election-interference case. The former president also indicated that he plans to file a series of motions challenging Smith’s superseding indictment and his appointment to special counsel.

Trump’s attorneys suggested a timeline in which Chutkan considers a series of motions through the end of this year—stretching well past November’s presidential election. Their timeline would have Chutkan considering a motion to dismiss based on presidential immunity in mid-December and pretrial litigation continuing through spring and fall 2025. The defense also acknowledges Smith’s new superseding indictment, arguing that it “correspondingly requires time to review the new charging instrument as [Trump] determines what steps and procedures to undertake regarding, among other motions, his Presidential immunity defense.”

We are going to have to get Kamala Harris elected if we want any chance of Trump finally facing legal accountability.

640px-Ginni_Thomas

Ginni Thomas

I’ll end with one more interesting story from ProPublica: Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much.”

Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court — efforts sparked, in large part, by her husband’s ethical lapses.

Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as “the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.”

Shackelford read Thomas’ email aloud on a July 31 private call with his group’s top donors.

Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”

Shackelford said he saw Thomas’ support as evidence that judges, who “can’t go out into the political sphere and fight,” were thankful for First Liberty’s work to block Supreme Court reform. “It’s neat that, you know, those of you on the call are a part of protecting the future of our court, and they really appreciate it,” he said.

On the same call, Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)

After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording.

Have a nice Wednesday, everyone!!


Lazy Caturday Reads

Happy Caturday!!

By Eileen Mayo, New Zealand artist, 1906-1994

By Eileen Mayo, New Zealand artist, 1906-1994

Trump’s Arlington National Cemetery scandal is still alive and kicking. This is unusual for Trump. The media generally works to normalize even his grossest violations of laws and norms. In fact, the major media have mostly ignored this episode too, but independent outlets and social media have kept it going. So I’m still reading, thinking, and writing about it.

Yesterday, I read a very good piece about it by Noah Berlatsky at his Substack Everything Is Horrible: Trump’s Arlington Photoshoot Shows That Fascism is Here.

Berlatsky’s argument is that we may not yet be at the point of being ruled by a dictator, but people are acting as if fascism is already here, because they are afraid of standing up to Trump. hey know he and his thugs will make their lives a living hell. Berlatsky writes that “Fascist vigilante harassment chills resistance.”

This week, Republican presidential candidate Donald Trump oozed orangely into Arlington National Cemetary to take a picture of himself standing over veteran’s graves with an oleaginous smile and a big thumb’s up.

You may think this is tasteless. And you’d be correct. It’s also illegal. It’s against federal law to campaign in Army National Military Cemeteries.

An Arlington official attempted to enforce the rules, and told Trump he couldn’t take his grotesque pictures there. Trump campaign thugs then verbally abused the official and pushed them. When the official filed an incident report, the Trump campaign issued a statement insulting them and claiming they were mentally ill.

The official decided not to press charges, because they were afraid that if they did, they would be targeted, harassed, and worse by Trump supporters, according to the New York Times.

Again, an Arlington official, doing their job, tried to enforce rules that are supposed to apply to all. They were roughed up and insulted. And they are afraid to stand up to Trump and his campaign because they know that if their opposition to Trump becomes public, their life will be destroyed.

This isn’t an idle fear. Trump has sicced his fascist dittohead minions on election workers whose only crime was refusing to throw the election for Donald Trump. They were doxed and harassed at their home, and one had to go into hiding. Trump also organized a violent coup, in which his supporters attacked the capital building, terrorizing representatives and workers, and five people died. News organization have found a list of incidents in which Trump supporters committed violence explicitly in his name.

Standing up to Trump is frightening. If he singles you out, his supporters will try to hurt you and your loved ones.

Trump and his campaign flaks are quite aware of this dynamic, and they use it to their advantage. The campaign said it could release video backing up its version of events. It hasn’t done so, probably because the video shows that the Arlington worker was in the right. But if the video shows the Arlington worker’s face, that worker will be tracked down by Trump supporters. “We have video” isn’t evidence; it’s a threat.

And Trump’s threats, implied and otherwise, worked. The official was scared to challenge the leader of a fascist movement for fear of fascist abuse.

Berlatsky argues that “the press is intimidated too.” Is that why the fact checkers have been bending over backwards to explain away Trump’s false claims? I hope you’ll read the rest at the Substack link above.

Of course, the violation of a military cemetery is shocking to most Americans. Michael Powell at The Atlantic: Why Trump’s Arlington Debacle Is So Serious.

The section of Arlington National Cemetery that Donald Trump visited on Monday is both the liveliest and the most achingly sad part of the grand military graveyard, set aside for veterans of the wars in Iraq and Afghanistan. In Section 60, young widows can be seen using clippers and scissors to groom the grass around their husbands’ tombstones as lots of children run about.

I like your hair, by Natalia Shaloshvili

I like your hair, by Natalia Shaloshvili

Karen Meredith knows the saddest acre in America only too well. The California resident’s son, First Lieutenant Kenneth Ballard, was the fourth generation of her family to serve as an Army officer. He was killed in Najaf, Iraq, in 2004, and laid to rest in Section 60. She puts flowers on his gravesite every Memorial Day. “It’s not a number, not a headstone,” she told me. “He was my only child.”

The sections of Arlington holding Civil War and World War I dead have a lonely and austere beauty. Not Section 60, where the atmosphere is sanctified but not somber—too many kids, Meredith recalled from her visits to her son’s burial site. “We laugh, we pop champagne. I have met men who served under him, and they speak of him with such respect. And to think that this man”—she was referring to Trump—“came here and put his thumb up—”

She fell silent for a moment on the telephone, taking a gulp of air. “I’m trying not to cry.”

For Trump, defiling what is sacred in our civic culture borders on a pastime. Peacefully transferring power to the next president, treating political adversaries with at least rudimentary grace, honoring those soldiers wounded and disfigured in service of our country—Trump long ago walked roughshod over all these norms. Before he tried to overturn a national election, he mocked his opponents in the crudest terms and demeaned dead soldiers as “suckers.”

But the former president outdid himself this week, when he attended a wreath-laying ceremony honoring 13 American soldiers killed in a suicide bombing in Kabul during the final havoc-marked hours of the American withdrawal. Trump laid three wreaths and put hand over heart; that is a time-honored privilege of presidents. Trump, as is his wont, went further. He walked to a burial site in Section 60 and posed with the family of a fallen soldier, grinning broadly and giving a thumbs-up for his campaign photographer and videographer….

A cemetery employee politely attempted to stop the campaign staff from filming in Section 60. Taking campaign photos and videos at gravesites is expressly forbidden under federal law. The Trump entourage, according to a subsequent statement by the U.S. Army, which oversees the cemetery, “abruptly pushed” her aside.

Trump’s campaign soon posted a video on TikTok, overlaid with Trump’s narration: “We didn’t lose one person in 18 months. And then they”—the Biden administration—“took over, that disaster of leaving Afghanistan.”

Trump was unsurprisingly not telling the truth; 11 soldiers were killed in Afghanistan in his last year in office, and his administration had itself negotiated the withdrawal. But such fabrications are incidental sins compared with what came next. A top Trump adviser, Chris LaCivita, and campaign spokesperson Steven Cheung talked to reporters and savaged the employee who had tried to stop the entourage. Cheung referred to her as “an unnamed individual, clearly suffering a mental-health episode.” LaCivita declared her a “despicable individual” who ought to be fired.

Once again, I have to ask why anyone would vote for this repulsive creature for any office, much less president?

Of course, Trump has taken no responsibility whatever for his disgusting behavior. In fact, yesterday he even claimed that he had no idea who posted the video ad on his TicTac account. He suggested that the gold star families who invited him may have done it–or maybe it was Vice President Harris’ campaign!

By Rakhmet Redzhepov2

By Rakhmet Redzhepov

Rep. Jamie Raskin is now demanding answers about the events in Arlington Cemetery.

Raw Story: Top Oversight Committee Dem seeks ‘full account’ from Army secretary on Arlington incident.

Rep. Jamie Raskin, the top Democrat on the House Oversight and Accountability Committee, demanded Friday a “full account” of a reported incident between Donald Trump and his campaign and their collective appearance this week at Arlington National Cemetery.

Trump and his campaign faced intense backlash following a reported physical altercation with a cemetery official and faced questions over whether they may have violated federal law banning campaign materials from being photographed or filmed in certain sections of the cemetery.

A TikTok video showed Trump in Section 60, where the altercation purportedly occurred, smiling and giving a thumbs-up. Trump has said the family of a soldier laid to rest in the section invited him, and his campaign has said they were allowed to ring a photographer.

“The fact is that a private photographer was permitted on the premises and for whatever reason an unnamed individual, clearly suffering from a mental health episode, decided to physically block members of President Trump’s team during a very solemn ceremony,” spokesman Steven Cheung said in the statement.

laws were violated.

In a letter to Christine Wormuth, secretary of the Army, Raskin referenced reports of a “verbal and physical altercation” between members of the Trump campaign and cemetery staff.

“It appears that the Trump campaign refused to abide by Arlington National Cemetery’s absolute prohibition on ‘filming for partisan, political, or fundraising purposes’ and ‘abruptly pushed aside’ Cemetery staff trying to ‘ensure adherence’ to these rules,” he said in the letter obtained by Punchbowl News.

In doing so, he asked the Army secretary to hand the committee an incident report and deliver a briefing on what happened, “including whether Trump campaign staff violated federal law or Cemetery rules and whether the Trump campaign informed the families of servicemembers buried at the Cemetery that their gravestones would be used in Mr. Trump’s political campaign ads.”

Here’s an example of how Trump intimidates the media. At a rally in Pennsylvania yesterday a Trump supporter actually broke down the barriers to the press area.

AP: Police use Taser to subdue man who stormed media area of Trump rally in Pennsylvania.

JOHNSTOWN, Pa. (AP) — A man at Donald Trump’s rally in Johnstown, Pennsylvania, stormed into the press area as the former president spoke and was surrounded by police and sheriff’s deputies before eventually being subdued with a Taser.

The incident Friday came moments after Trump had criticized major media outlets for what he said was unfavorable coverage and dismissed CNN as fawning for its interview Thursday with his Democratic rival Kamala Harris and her running mate, Tim Walz….

The man made it over a bicycle rack ringing the media area and began climbing the back side of a riser where television reporters and cameras were stationed, according to a video of the incident posted to social media by a reporter for CBS News. People near him tried to pull him off the riser and were quickly joined by police officers.

The crowd cheered as a pack of police led the man away, prompting Trump to declare, “Is there anywhere that’s more fun to be than a Trump rally?”

Moments later police handcuffed another man in the crowd and led him out of the arena. It was not immediately clear whether that detention was related to the initial altercation.

By Eileen MayoHere’s a bit more on the incident from The Daily Beast:

At the time of the incident, Trump was criticizing the media for its coverage of his campaign and the election more broadly—and, in particular, attacking CNN’s recent interview with his opponent, Kamala Harris.

As the man was detained and removed from the rally, the former president quipped, “Is there anywhere that’s more fun to be than a Trump rally?” per the Associated Press.

Trump is right to be worried about the Harris-Walz interview on CNN. It got great ratings.

The Daily Beast: Harris-Walz Interview Ratings Nearly Double Trump’s Last Big CNN Sit-Down.

The first joint interview with Vice President Kamala Harris and her running mate Tim Walz was watched live by nearly 6 million viewers on CNN Thursday night, according to the Nielsen data—far outpacing the viewership that tuned the last time Donald Trump appeared on that network.

It was a strong night for CNN, which has struggled recently to reach the ratings of Fox News or MSNBC. Although it’s a much lower audience rating than Harris and Walz’s big DNC speeches, it’s still a promising stat for the Harris campaign, continuing a trend of her events receiving higher viewership than those of her opponent.

When Trump gave a town hall on CNN in May 2023, one of his first proper campaign events of the 2024 election cycle, only 3.3 million viewers tuned in. And more recently, when Trump did his first joint sit-down with running mate JD Vance in July, they drew an estimated 4 million viewers. All of those cable ratings, however, still trail the average audience for the network’s nightly news broadcasts, which tend to bring in around 7-8 million viewers.

The Harris-Walz campaign can also boast a more popular national convention this year; 20.1 million people tuned into the third day of the DNC where Walz gave his speech, for instance, while only 17.9 million viewers turned in for JD Vance’s big moment….

The ratings gap seemed particularly disappointing for Trump, considering how much pride he openly took in his RNC ratings. After his speech this year, he posted on Truth Social that his ratings were the “best and most successful in history,” even though viewership was trailing behind both his 2020 and 2016 performance.

Meanwhile, Harris’ convention ratings actually outdid Joe Biden’s in 2020. It’s a performance that gives credence to the idea that the Harris-Walz campaign has more energy and enthusiasm behind it, whereas that long-speculated Trump fatigue might have finally started to set in.

Trump fatigue set in for me long ago. If only he would just disappear.

There are a couple of interesting articles on J.D. Vance today. I got into the NYT even though I cancelled my subscription, apparently because I clicked the link at Memeorandum.

Michael C. Bender at The New York Times: JD Vance’s Combative Style Confounds Voters but Pleases Trump.

Donald J. Trump knew that JD Vance could take a punch. But during their first week together on the campaign trail, the former president wondered just how many hits his new running mate could absorb.

The volume and velocity of attacks from Democrats stunned even Mr. Trump. He was unaware of the most incendiary remarks that opponents were rapidly unearthing from Mr. Vance’s past, and the former president told allies that he was troubled by the idea that more comments would come to light as Democrats savaged his heir apparent as weird and anti-women.

By Scott SpencerA month later, polls show that the number of Americans who dislike Mr. Vance continues to grow — but Mr. Trump could not be happier.

The reason: Mr. Vance’s relentless pace of full-throttle performances as Mr. Trump’s well-trained attack dog has pleased the former president and instilled a sense of stability inside a campaign still shaken by President Biden’s sudden exit from the race.

Mr. Trump had instructed his young sidekick to fight forcefully through those initial attacks, and later said Mr. Vance’s execution exceeded his expectations, according to three allies who insisted on anonymity to discuss private conversations.

In a quintessentially Trumpian display of bravado, the former president has privately praised Mr. Vance by comparing himself to Vince Lombardi, telling people that his eye for political talent was now on par with the Hall of Fame football coach’s ability to find Super Bowl-caliber players.

But beyond Mar-a-Lago, early returns on Mr. Vance are less enthusiastic. Polls show that he effectively amplifies Mr. Trump’s political strengths but that he also magnifies his weaknesses. Mr. Vance’s approval rating improved by nearly double digits among the nation’s least educated and poorest voters since joining the Republican ticket — but plunged by even wider margins among college graduates and independent women, according to an NPR/PBS News/Marist poll.

How those conflicting opinions either resolve themselves or become further inflamed will help determine whether Mr. Trump ends the race in less than 10 weeks with a second presidential term or a second electoral defeat.

There’s more at the link, if you can get past the paywall.

Jason Wilson at The Guardian: ‘Dangerous and un-American’: new recording of JD Vance’s dark vision of women and immigration.

Donald Trump’s running mate, JD Vance, said that professional women “choose a path to misery” when they prioritize careers over having children in a September 2021 podcast interview in which he also claimed men in America were “suppressed” in their masculinity.

The Ohio senator and vice-presidential candidate said of women like his classmates at Yale Law School that “pursuing racial or gender equity is like the value system that gives their life meaning … [but] they all find that that value system leads to misery”.

Vance also sideswiped the Minnesota congresswoman Ilhan Omar, a one-time Somali refugee, claiming she had shown “ingratitude” to America, and that she “would be living in a craphole” had she not moved to the US.

In an emailed response to the Guardian, Omar slammed what she called the “ignorant and xenophobic rhetoric spewed by Mr Vance” as “dangerous and un-American”.

Ever since he was picked by Trump, Vance has been hit by scandals over his past comments, especially those concerning women and his perception of their role in society.

Ever since he was picked by Trump, Vance has been hit by scandals over his past comments, especially those concerning women and his perception of their role in society.

Last week his campaign was rocked by previous comments blasting a teachers union president for not having “some of her own” children. His previous characterizations of Democratic leaders as “childless cat ladies” have also troubled the Trump campaign’s efforts to appeal to suburban women.

On the newly found interview:

In the 2021 interview Vance also claimed men and boys in the US were “suppressed” in their masculinity and made racially charged remarks about American cities and his political opponents.

By Sharyn Bursiic

By Sharyn Bursiic

Of Afghans who assisted US troops during the occupation of that country who were now seeking to come to America, Vance asked whether “certain groups of people can successfully become American citizens”, and said those hostile to Minneapolis’s Somali American community “don’t like people getting hatcheted in the street in [their] own community”.

At the same time, Vance claimed that “the left uses racism as a cudgel”, and that he had been a “little too worried” in the past about such accusations because they can be “career-ending” and “destroy a person’s life”.

Sophie Bjork-James, an assistant professor at Vanderbilt University who has written extensively on topics including US evangelicals and populist politics, said: “Vance represents a new articulation of rightwing politics that is bridging the Christian right and a tech-influenced hypermasculine conservatism.

“He appeals to evangelicals with the message that we find happiness by fulfilling traditional gender roles, which is a cornerstone of white evangelical Christianity. He also speaks to a misogynist trend emerging out of the tech world among people who would prefer not to talk about any kind of diversity at all.”

“What they share is the view that women shouldn’t be in paid work: they should be in the home and rearing children. But the public line isn’t ‘we hate women’, it’s ‘women will be happier if they stay at home’,” she added.

I can see why Trump likes Vance. They both hate women. There’s more at the link, and The Guardian doesn’t have a paywall.

Those are my recommended reads for today. What’s on your mind?


Wednesday Reads

Good Day!!

Section 60, Arlington National Cemetery

Section 60, Arlington National Cemetery

Every day I wonder why any American would support Donald Trump. His first term as “president” was a disaster. Among other horrors, he mismanaged the Covid-19 pandemic and allowed hundreds of thousands of our citizens to die unnecessarily. He alienated our allies and sucked up to Vladimir Putin and other dictators like North Korea’s Kim Jong Un, China’s Xi jinping, and Turkey’s Tayip Erdogan. He frequently demonstrated his lack of respect for members of our military who risk their lives to protect their country. And of course he brazenly committed numerous crimes as “president.” How can anyone vote for this man for any public office?

Yesterday Trump once again demonstrated his contempt for U.S. military members who sacrificed their lives in service to their country. 

Two members of Donald Trump’s campaign staff had a verbal and physical altercation Monday with an official at Arlington National Cemetery, where the former president participated in a wreath-laying ceremony, NPR has learned.

A source with knowledge of the incident said the cemetery official tried to prevent Trump staffers from filming and photographing in a section where recent U.S. casualties are buried. The source said Arlington officials had made clear that only cemetery staff members would be authorized to take photographs or film in the area, known as Section 60.

When the cemetery official tried to prevent Trump campaign staff from entering Section 60, campaign staff verbally abused and pushed the official aside, according to the source.

Trump participated in an event to mark the third anniversary of a deadly attack on U.S. troops in Afghanistan as U.S. forces withdrew from the country; 13 U.S. service members were killed in the attack. The Trump campaign has blamed President Biden and Vice President Harris, now the Democratic presidential nominee, for the chaotic withdrawal.

In a statement to NPR, Steven Cheung, the Trump campaign’s spokesman, strongly rejected the notion of a physical altercation, adding: “We are prepared to release footage if such defamatory claims are made.

“The fact is that a private photographer was permitted on the premises and for whatever reason an unnamed individual, clearly suffering from a mental health episode, decided to physically block members of President Trump’s team during a very solemn ceremony,” Cheung said in the statement.

A “mental health issue?” Why on earth was Trump participating in this event? He doesn’t hold any federal office. Apparently some relatives of fallen soldiers invited him. 

More reporting from Richard Luscombe at The Guardian: Trump staffers reported over altercation at Arlington cemetery during photo op.

Officials at Arlington national cemetery have filed a report over the behavior of members of Donald Trump’s campaign staff who reportedly shoved and verbally abused an employee during a “crass” photo opportunity for the Republican presidential candidate.

The officials confirmed that a confrontation took place at the Virginia cemetery on Monday after the former president participated in a wreath-laying ceremony for 13 US servicemen and -women killed in a 2021 suicide bomb attack in Kabul, Afghanistan.

In a statement, Arlington acknowledged one of its representatives became involved in the altercation with two Trump staffers, telling them that only cemetery representatives were allowed to take video and photographs in Section 60, an area where recent US casualties mostly from Iraq and Afghanistan are buried….

The staffers “verbally abused and pushed the official aside” as the person attempted to prevent them accompanying Trump into the section, according to NPR, which first published the allegation on Tuesday night.

Following the wreath-laying, photographs from his visit showed Trump grinning and flashing a thumbs-up sign as he stood at the graves of several of the fallen military members, imagery that drew swift rebuke.

“The hallowed grounds of Arlington National Cemetery are the final resting place of our American heroes. Trump defiled Arlington National Cemetery by doing a crass campaign stunt over the grave of a dead hero. And his campaign staff acted like bullies,” the Democratic California congressman Ted Lieu posted to X.

Trump couldn’t care less about the men and women buried in Arlington Cemetery.

In other news from yesterday, Special Counsel Jack Smith filed a superseding indictment of Trump in the January 6 case in the DC Circuit. As Andrew Weissmann pointed out last night on MSNBC, Trump has now been criminally indicted by 5 grand juries.

SV Date at HuffPost: Trump Reindicted On Coup Attempt Charges To Honor Supreme Court Immunity Ruling.

Special counsel Jack Smith Tuesday announced that a grand jury had reindicted former President Donald Trump on four charges related to his Jan. 6, 2021, coup attempt to honor the direction given by the U.S. Supreme Court in its July ruling holding that Trump was immune from criminal prosecution for “official acts.”

“Today, a federal grand jury in the District of Columbia returned a superseding indictment,” Smith wrote in a separate filing to U.S. District Judge Tanya Chutkan, who is handling the case. “The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings.”

Trump’s first public reaction to the new indictment was to repost a message on Truth Social by Mike Davis, a former Senate lawyer who supports him, that ends with: “Bottom Line: There’s no chance this case goes to trial before the election. Trump wins. Jack Smith fired. Case closed.”

About an hour later, Trump personally responded with a five-post screed on his social media platform in which he called Smith “deranged” and claimed, without any evidence, that the prosecution was being directed by President Joe Biden’s White House. He also repeated his lie that Democrats had cheated to win the 2020 election.

He ended with: “PERSECUTION OF A POLITICAL OPPONENT!”

More on the indictment:

The “superseding” indictment, as it is known, charges Trump with the same four counts as in the original indictment that was filed a year ago: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding and conspiracy to deprive millions of Americans of their right to have their votes counted.

It follows the same narrative structure, laying out how Trump spent months after losing his 2020 reelection bid laying the groundwork for the violent assault on the Capitol by his mob of followers.

“Despite having lost, the defendant ― who was also the incumbent president ― was determined to remain in power,” Smith wrote. “So, for more than two months following election day on November 3, 2020, the defendant spread lies that there had been outcome-determinative fraud in the election [that] he had actually won. These claims were false, and the defendant knew that they were false.”

But Smith’s new indictment does not reference Trump’s efforts to enlist federal government employees in the executive branch — who all technically report to him. For instance, the original indictment had mentioned a Department of Justice official whom Trump considered making his attorney general because of his willingness to tell state officials that voter fraud had occurred. The new indictment does not include the official as a co-conspirator, but does still include the other five individuals who were not in government.

The Supreme Court ruled in July that Trump had immunity from prosecution for “official” acts, and specifically cited the ability to hire and fire executive branch employees to carry out his wishes.

The revised indictment, now at 36 pages compared to the 45-page original, still centers on Trump’s scheme to have allies in key states won by Biden create fake Electoral College slates and send them to the Senate. The plan was for then-Vice President Mike Pence to use the fake Trump slates instead of the legitimate slates for Democrat Joe Biden and declare Trump the winner.

Special counsel Jack Smith defiantly re-injected the question of Donald Trump’s bid to steal the 2020 election into the intensifying end game of this year’s White House race.

By trying to rescue his case after his initial indictment was gutted by the Supreme Court’s immunity ruling, Smith signaled that he is determined to bring the former president to justice — even though there will be no trial before Election Day.

“I think this is basically Jack Smith saying, ‘I still got this’” former FBI Deputy Director Andrew McCabe, a CNN legal and national security commentator, said after the special counsel on Tuesday filed a modified indictment endorsed by a new grand jury.

His move underscored the huge personal investment Trump has in winning the presidency in November: He not only would return to the nation’s top office, but would also gain the authority to halt this and another federal case against him and head off any sentences that could include jail time if he is convicted.

Jack Smith“This is a very big year, it is a very important election,” former federal prosecutor Ankush Khardori told CNN’s Alex Marquardt on Tuesday. “This case is at stake in the election, because if Trump wins, it is going away. If Trump loses to Harris, this case is going to proceed to some sort of conclusion.”

The conservative majority’s ruling earlier this summer that Trump could be covered by immunity from criminal prosecution for some of his actions as president represented one of the most consequential moments in Supreme Court history and has massive implications for the US system of government. Many mainstream scholars blasted the decision as contrary to the spirit of the country’s founders in that it appeared to hand significant unchecked powers to the presidency.

The decision also sent shockwaves through an already tumultuous presidential race, since it appeared to offer an ex-president who already believed he was all powerful the chance to pursue strongman rule if he wins November’s election. Democratic nominee Kamala Harris criticized the decision in her convention speech last week: “Consider, the power he will have … Just imagine Donald Trump with no guardrails, and how he would use the immense powers of the presidency of the United States.”

Smith’s move also creates other profound political, legal, and constitutional overtones at a critical national moment, 10 weeks from an election that could profoundly reshape the country and that may again test its institutions to the limit.

Read more about the indictment at CNN.

Marcy Wheeler posted about the new indictment at Emptywheel this morning: The Superseding Indictment Is About Obstruction As Much As Immunity.

In this Xitter thread, I went through everything that had been added or removed from the superseding indictment against Trump, based on this redline. The changes include the following:

  1. Removal of everything having to do with Jeffrey Clark
  2. Removal of everything describing government officials telling Trump he was nuts (such as Bill Barr explaining that he had lost Michigan in Kent County, not Wayne, where he was complaining)
  3. Removal of things (including Tweets and Trump’s failure to do anything as the Capitol was attacked) that took place in the Oval Office
  4. Addition of language clarifying that all the remaining co-conspirators (Rudy Giuliani, John Eastman, Sidney Powell, Kenneth Chesebro, and — probably — Boris Epshteyn) were private lawyers, not government lawyers
  5. Tweaked descriptions of Trump and Mike Pence to emphasize they were candidates who happened to be the incumbent
  6. New language about the treatment of the electoral certificates

Altogether, the changes incorporate not just SCOTUS’ immunity decision, but also the DC Circuit’s Blassingame decision deeming actions taken as a candidate for office are private acts, and SCOTUS’ Fischer decision limiting the use of 18 USC 1512(c)(2) to evidentiary issues.

The logic of Blassingame is why Jack Smith included these paragraphs describing that Trump and Pence were acting as candidates.

1. The Defendant, DONALD J. TRUMP, was a candidate for President of the United States in 2020. He lost the 2020 presidential election.

[snip]

5. In furtherance of these conspiracies, the Defendant tried–but failed–to enlist the Vice President, who was also the Defendant’s running mate and, by virtue of the Constitution, the President of the Senate, who plays a ceremonial role in the January 6 certification proceeding.

As I’ve said repeatedly, it’s not clear that adopting the Blassingame rubric will work for SCOTUS, even though they did nothing to contest this rubric.

That’s because Chief Justice Roberts used Pence’s role as President of the Senate to deem his role in certification an official responsibility, thereby deeming Trump’s pressure of Pence an official act. Smith will need to rebut the presumption of immunity but also argue that using these conversations between Trump and Pence will not chill the President’s authority.

Read the rest at Emptywheel.

Another big story from yesterday: New video came out about Nancy Pelosi’s role on January 6.

Kyle Cheney at Politico: ‘He’s got to pay a price’: Unaired footage reveals Nancy Pelosi’s Jan. 6 fury.

Nancy Pelosi spent the duration of the Jan. 6 Capitol attack focused on ensuring Joe Biden would be certified president as soon as possible. Then she turned her attention to Donald Trump.

“I just feel sick about what he did to the Capitol and the country today,” Pelosi said as she slumped, visibly exhausted, in the back of her SUV in the pre-dawn hours of Jan. 7. “He’s got to pay a price for that.”

Pelosi’s comment was included in about 50 minutes of unaired footage captured by her daughter, filmmaker Alexandra Pelosi, who was at the former speaker’s side at key moments on Jan. 5, 6 and 7 in 2021. POLITICO has reviewed the footage, which HBO turned over this week to the Republican-led House Committee on Administration.

Pelosi's office on January 6

Pelosi’s office on January 6

The panel is conducting an investigation aimed at undermining the findings of the Jan. 6 select committee, which found Trump singularly responsible for the havoc his supporters unleashed on the Capitol, and spotlighting the security failures that exacerbated the violence. The panel has reviewed video from various sources, including security footage and the clips from HBO.

It’s the most detailed glimpse yet of Pelosi’s rushed evacuation from the Capitol, showcasing her deep discomfort at being forced to flee from the rioters — who she feared would see the evacuation as a twisted victory — and her insistence that Congress return to finish certifying the election. It also showed how her focus quickly shifted to impeaching Trump for a second time, an effort that was ultimately successful, as well as preparing to fire Capitol security officials who she believed mismanaged the threats to the building….

As she moved, Pelosi immediately inquired as to whether then-Senate Majority Leader Mitch McConnell had approved a request for the National Guard. Her chief of staff, Terri McCullough, responded that he had. Moments later, a security official at Pelosi’s side informed her the pro-Trump mob had “already breached the Capitol.”

At first, Pelosi scolded security officials for forcing her evacuation. “I did not appreciate this,” she said. “I do not support this.”

“If they stop the proceedings, they will have succeeded in stopping the validation of the presidency of the United States,” she added. Pelosi then lit into Capitol security officials for failing to anticipate the attack.

“How many times did the members ask, ‘Are we prepared? Are we prepared?’ We’re not prepared for the worst,” Pelosi continued. “We’re calling the National Guard, now? It should’ve been here to start out. I just don’t understand it. Why do we empower people this way by not being ready?”

Of course we now know that Trump loyalists prevented the National Guard from being deployed for several hours. There’s much more at the link.

NBC News: New video shows Nancy Pelosi calling Trump a ‘domestic enemy’ shortly after Jan. 6 attack.

Hours after a mob of Donald Trump supporters stormed the U.S. Capitol and assaulted dozens of police officers in an attempt to reach members of Congress, Rep. Nancy Pelosi, D-Calif., then the House speaker, referred to the then-president as “a domestic enemy.”

The comments came in video shot by documentary filmmaker Alexandra Pelosi, Pelosi’s daughter, that HBO recently turned over to Congress. NBC News on Tuesday reviewed more than 30 minutes of video from the roughly 48 hours surrounding the Capitol attack on Jan. 6, 2021, including video that showed Pelosi being led away from the building by her security detail as she pressed her staff members to get the National Guard to respond to the Capitol.

Nancy Pelosi on January 6The newly surfaced remarks go further than the public ones she made on Jan. 7, when she said Trump had “incited an armed insurrection against America” and “instigated” an attack that would “forever stain our nation’s history.”

The same day, the HBO video shows, Pelosi spoke to her staff while she was sitting under an ornate mirror that had been smashed when the pro-Trump mob ransacked her office hours earlier.

“We take an oath to protect our country from all enemies, foreign and domestic,” she said. “There is a domestic enemy in the White House. And let’s not mince words about this.”

The previously unaired video also shows Pelosi taking responsibility for not pressing law enforcement officials harder about their preparations ahead of the attack.

“Why weren’t the National Guard there to begin with?” Pelosi asked. “They clearly didn’t know, and I take responsibility for not having them just prepared for more,” she said as she was being escorted away by security on Jan. 6. “It’s stupid that we should be in a situation like this.”

Pelosi would not have had independent authority to summon the National Guard, and the Capitol Police Board is in charge of security for the U.S. Capitol. The head of the Capitol Police resigned shortly after the riot, as did the House sergeant-at-arms, and the video shows Pelosi in discussions with her staff about getting resignations from both officials.

“They thought these people would act civilized? They thought these people gave a damn? What is it that is missing here in terms of anticipation?” she added….

The comments also indicate that Pelosi was skeptical about the motivations of the law enforcement community, which is generally conservative-leaning. (A high-ranking FBI official, for example, was warned in the hours after the attack that many within the bureau were “sympathetic” to the Capitol rioters.)

“Shame on us,” Pelosi said as her security unit whisked her off to nearby Fort McNair, where several congressional leaders ended up on the night of Jan. 6 when the facility turned into a command center for those in the order of presidential succession. “Shame on us. I’m suspicious of them and their motivations, tell you the truth.”

That’s three big stories to chew on. What do you think?