So they modify their claim: Biden is addled and wandering, except when he is given some sort of medication, perhaps a stimulant, that reverses that effect. And here we are, with Trump and those seeking his reelection to the White House demanding that Biden submit to some sort of drug test before this week’s first presidential debate, purportedly in effort to sniff out this theoretical drug.
Wednesday Reads
Posted: June 26, 2024 Filed under: "presidential immunity", 2024 presidential Campaign, Donald Trump, Joe Biden, just because | Tags: Biden-Trump debate 2024, Biden-Trump debates 2020, FBI search of Mar-a-Lago, Judge Aileen Cannon, Murthy v Missouri, No Biden won't be on drugs, Snyder v United States, stolen documents case, Supreme Court, Trump attacks on FBI agents, Trump storage methods 4 CommentsGood Day!!

Studio Scene, by Kayoon Anderson
Today, the press and cable TV are mostly focused on tomorrow’s debate and how Biden can deal with Trump’s insanity and incoherence. I don’t find the discussions about this very interesting. I think Biden knows how to bait Trump, and no one really knows what crazy nonsense Trump will unleash. I hope Biden will mock Trump’s fear of sharks and electric boats; his claims that there’s not enough water in shower heads and dishwashers; and his claim that he got his vast knowledge about “nuclear” by osmosis from his uncle the MIT professor. Trump has absolutely no interest or knowledge about policy and Biden can demonstrate that too.
It is concerning that Trump is claiming Biden will be “jacked up” on drugs, because low information voters appear to be incredibly stupid and will likely believe it. Of course, Trump is the one who could be using drugs as a crutch.
Philip Bump at The Washington Post: No, Biden won’t be on performance-enhancing drugs for the debate.
Allies of Donald Trump have painted themselves into a cognitive corner. President Biden is unfit for office, they argue, because he is so old, and his mental abilities have deteriorated markedly. But then Biden will, say, deliver a State of the Union address in which he is energetic and pointed for more than an hour.
Experts who spoke with The Washington Post, though, confirm that no such medicine exists.
At the outset, we should recognize that this claim is generally not offered seriously. It is, instead, an effort to escape the aforementioned contradiction, a way to hold both that Biden is incapable of serving as president and yet, unquestionably at times, not demonstrating any such impairment. What’s more, the demand that Biden undergo a drug test is itself not serious. It is, instead, meant to create a condition that allows Trump and his allies to continue to claim that any strong performance from Biden is a function of medication. The result is win-win for Trump, who can blame any loss on this wonder drug.
The wackos at Fox “News” are busy speculating about what drugs Biden could be using.
Host Maria Bartiromo — no stranger to conspiratorial argumentation — hosted Rep. Eric Burlison (R-Mo.) where she offered an observation made by Rep. Ronny Jackson (R-Tex.).
“Jackson says Biden will have been at Camp David for a full week before the debate,” Bartiromo said, “and that they’re probably experimenting with getting doses right. Giving him medicine ahead of the debate.”
Burlison agreed that this was possible, though he offered that it might be more innocuous than medication. Perhaps, he said, Biden’s team is “jack[ing] him up on Mountain Dew.”
“Nothing like that exists,” Thomas Wisniewski, director of the NYU Langone Alzheimer’s Disease Research Center, told The Washington Post by phone. “There are no medications or stimulants that can reverse a dementing process transiently.”
but quite often that can just exacerbate their confusion, as well,” he added. “They can be more stimulated, but they are not going to be behaving in a more cogent or normal fashion as a result of being stimulated by anything. Very often it’s the reverse.”
Adam Brickman, associate professor of neuropsychology at Columbia University Irving Medical Center, concurred with that assessment.
“I’m not aware of any medications that would reverse or mask cognitive decline,” Brickman said. What’s more, he noted that “the association between energy and cognition is a very weak one. In other words, someone could have low energy but totally intact cognition and vice versa.”
Of course the goal of these drug claims is to prepare the idiots who support Trump for the likelihood that Biden will wipe the floor with Trump during tomorrow’s debate.
Amanda Marcotte at Salon: Trump’s claim that Biden is “jacked up” on drugs is more than projection — it’s cult conditioning.
Donald Trump has been thinking a lot about cocaine lately, even though drug-running is one of the few felony charges he’s not been indicted or convicted for. He has been routinely accusing President Joe Biden of using drugs, with the usual vivid details Trump injects into all his weird fantasies. “So a little before debate time, he gets a shot in the a—,” Trump told rallygoers in Philadelphia Saturday. “I say he’ll come out all jacked up,” he added, before going off on a diatribe accusing Biden of being the owner of a bag of cocaine found in a White House visitors’ closet last year.
La Lecture, 1877, by Henri Fanton-Latour
Since there’s no flight of Trump’s fancy too bizarre for right-wing media, this obsession of Trump’s is getting echoed by Republican politicians and MAGA talking heads. Fox News hosts, Republican politicians, MAGA media influencers, and every right-wing troll on Twitter have been playing their part as well-trained parrots, repeating the lie. The National Republican Congressional Committee (NRCC) is even putting the lie in paid advertising.
Everyone knows that Trump’s favorite rhetorical tactic is psychological projection. You’d think Republicans would be a little more worried this would raise questions about what Trump has been ingesting. But no: The campaign tapped disgraced former White House doctor Rep. Ronny Jackson, R-Tex. to be a major Trump surrogate pushing this lie. Jackson’s been hitting both TV and podcasts to toss around drug names like “Adderall” and “Provigil.” This only reinforces suspicions that this accusation is a confession, however. When Jackson was Trump’s White House doctor, he earned the nickname “Dr. Feelgood” for relentlessly pushing these drugs on people who do not need them. Jackson’s behavior was so egregious that the Navy stripped him of his rank.
What’s telling about this lie is, as with many MAGA falsehoods, it seems few, if any, of the people repeating it actually believe it. Trump and his allies have accused Biden not just of being a little tired at times, but of having dementia. As Mona Charen pointed out on the “Daily Blast” podcast, if Adderall could restore a demented person’s brain, they’d be mass distributing it to the millions of people who are suffering from this disease. As for the cocaine accusation, even the most naive person in the country knows cocaine makes people less coherent, not sharper. It causes people to ramble on about nonsense, which is closer to describing your average Trump speech, not anything Biden has been up to.
Trump is using his second favorite trick, besides projection: Tricking his followers into believing they’re in on his con.
Trump isn’t trying to convince anyone of this lie. He’s convincing them that, by repeating the obvious lie, they can share in what they believe is his mastery over reality itself. The lie is not a thing the MAGA person sincerely believes. It’s a weapon Trump has provided them. When he loses the debate, which they clearly expect he will, the lie gives them a way to participate in the post-debate spin. But it’s also the stupidity of the lie that makes it so fun. Saying something deliberately dumb is a reliable way to drive the liberals mad. Angering liberals is the emotional core of the MAGA base….
As I’ve written about before, this strategy is the oldest technique in the con artist’s book. The best way for a grifter to gain a mark’s trust is to make him feel like he’s in on the con. Cult leaders operate the same way, by creating this sense of intimacy with their victims. Once the mark feels he’s part of the conspiracy, it’s that much easier to victimize him. The mark feels like the predator and not the prey, and so he lets his guard down around the actual villain picking his pocket. Trump does this to his followers over and over again, and they always fall for it. Even the Capitol insurrection is a good example. Trump convinced the rioters that they were his partners in the attempted coup. In reality, they were his patsies, set up to take the fall while he hid away in the White House.
Read the whole piece at Salon. It’s good.
NPR has an interesting article on the Biden and Trump “debates” in 2020: COVID tests and crosstalk: What happened the last time Trump and Biden debated.
With Trump and Biden now near even in the latest polls, and many Americans unenthused — and still undecided — about voting for either of them, Thursday’s debate offers both candidates an opportunity. But it’s not without risks.
It’s likely to be a memorable night if 2020 is any indication. Here’s a look at what happened last time Trump and Biden took the stage together….
Albert Edelfelt, Portrait of the artist’s sister Bertha Edelfelt, 1881
The first round, in September 2020, was by many accounts a disaster. NPR’s Domenico Montanaro called it “maybe the worst presidential debate in American history.”
Trump arrived on the debate stage trailing in the polls and, apparently, jonesing for drama. He interrupted Biden constantly, peppering him with questions and personal slights despite moderator Chris Wallace’s pleas for order.
At one point, while Biden was talking about his late son Beau’s military service, Trump jumped in to attack his other son, Hunter, for his drug use (which Biden managed to seize as a sympathetic moment).
Biden tried in vain to ignore Trump talking over him throughout — but called the then-president a “clown” more than once. At one point he had clearly had enough.
“Will you shut up, man?” he said exasperatedly, as Trump continued accusing him of wanting to pack the Supreme Court. “This is so unpresidential.”
Trump even bulldozed over Wallace, prompting the then-Fox News anchor to declare, “Mr. President, I am the moderator of this debate and I would like you to let me ask my question and then you can answer.”
A bit more on the first “debate”:
Still, a few substantive moments stood out amidst the chaos and crosstalk.
One was when Wallace asked if Trump was willing to condemn white supremacists and tell them to “stand down.”
Trump blamed the “left-wing” instead, but said he was prepared to do so. At that point, both Wallace and Biden urged him to go ahead. Trump asked for a name, and Biden suggested the Proud Boys.
“Proud Boys, stand back and stand by,” Trump said, in what sounded more like a call to action, and quickly became part of the far-right extremist group’s new social media logo.
Trump also repeatedly made baseless claims about the upcoming election being rigged, saying “This is going to be fraud like you’ve never heard.”
When Wallace asked if he would urge his supporters to stay calm during a potentially prolonged period of counting ballots, Trump demurred. He said instead that he was “urging my supporters to go into the polls and watch very carefully.”
“If it’s a fair election, I am 100% on board,” he said. “But if I see tens of thousands of ballots being manipulated, I can’t go along with that.”
Read the rest at NPR.
The Supreme Court is still releasing decisions. Once again, they have held back the one on Trump’s claim of “presidential immunity.” They announced two decisions today.
The Guardian: US supreme court allows government to request removal of misinformation on social media.
The US supreme court has struck down a lower court ruling in the case of Murthy v Missouri, finding that the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. The court’s decision permits the government to call on tech companies to remove falsehoods and establishes boundaries around free speech online.
The court ruled 6-3 that the plaintiffs had no standing to bring the case against the Biden administration, with conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting.
The ruling is a blow to a longstanding Republican-backed effort to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives through demands to take down misinformation about the pandemic.
Bloomberg Law: Supreme Court Further Weakens Public Corruption Prosecutions.
The US Supreme Court again pared back a public corruption law, this time saying that state and local officials who accept “gratuities” aren’t covered by a federal bribery statute.
The 6-3 ruling by Justice Brett Kavanaugh on Wednesday was the latest in a string of cases cutting the reach of federal corruption laws and prosecutorial discretion to bring charges against government officials.
Woman reading in garden. Ignacio Díaz Olano
In the latest case, Snyder v. United States, the justices said a law which makes it a crime for certain state or local officials to “corruptly” accept anything of value over $5,000 doesn’t reach gratuities paid in recognition of past actions.
The ruling undoes the conviction of former Portage, Indiana, Mayor James Snyder for receiving $13,000 from a trucking company after it was awarded city contracts.
A contrary ruling had the potential to criminalize “commonplace gratuities” like a Dunkin’ Donuts gift card, Chipotle dinner, or tickets to a Hoosiers game, the court said.
The ruling split the justices along ideological lines. Writing for the liberal justices in dissent, Justice Ketanji Brown Jackson said “Snyder’s absurd and atextual reading of the statute is one only today’s Court could love.”
The justices’ concern over prosecutorial overreach could have implications for a number of criminal cases over the Jan. 6 Capitol riot. The justices in Fischer v. United States are considering whether federal prosecutors went too far in charging some defendants with an Enron-era statute prohibiting obstruction of an official proceeding.
Judge Aileen Cannon held another hearing yesterday in her efforts to waste as much time as possible and prevent the stolen documents case from going to trial. Here’s some of what happened:
Adam Klasfeld at Just Security: Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster.
Nearly two years after the FBI’s search of Mar-a-Lago, former President Donald Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Trump’s attorney, Emil Bove, argued that the search warrant was not detailed enough to survive Fourth Amendment scrutiny.
U.S. District Judge Aileen Cannon pointedly disagreed: “It seems like it is, based on the caselaw that’s been submitted,” she said, minutes before court adjourned.
Though Cannon did not immediately issue a ruling, Trump’s challenge hinges on the “particularity” of the warrant, and her remarks throughout the proceedings left little doubt as to her leanings.
“It’s clearly delineated there to search for documents with classification markings,” she remarked toward the start of the hearing.
Click the link to read more about the hearing.
At Public Notice, Liz Dye wrote about Trump’s claims that he should be able to attack anyone involved in the legal cases against him: Trump asserts constitutional right to harass FBI agents.
In the stolen documents case in Florida, Trump called the special counsel’s motion to stop him from spreading vicious lies about the FBI agents who searched Mar-a-Lago a “naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution.” [….]
In Florida, Special Counsel Jack Smith moved to bar Trump from accusing the FBI agents who executed the search warrant at Mar-a-Lago of trying to assassinate him.
The backstory is that on May 21, Trump claimed to have been “shown Reports” that President Biden “AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE” back in August 2022 when it raided the private club where he was storing stolen government documents.
Sleeping Woman with a Book, by Ferdinand Max Bredt
In fact, the “Report” was boilerplate language from the FBI’s operations order for the warrant, attached as an exhibit to his own motion to suppress the evidence kicked up on that raid. The FBI took great care to execute the warrant at a time when the club was shuttered for the season and there was no prospect that the former president and his family would be there. Nevertheless, Trump and his MAGA henchmen spent several news cycles claiming that President Biden had sent in agents “locked and loaded” ready to shoot him.
Those agents will necessarily be witnesses at the trial (should it ever happen), and yet Trump is falsely accusing them of attempted murder. Two of them were already publicly outed back in 2022 when someone gave the unredacted warrant to Breitbart and a former Trump aide, both of whom published it with the agents’ signatures visible.
After the agents were doxxed, they and their families were threatened and harassed, which influenced Magistrate Judge Bruce Reinhart’s decision to keep under seal parts of the affidavit in support of the warrant.
“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated,” he wrote.
Judge Cannon doesn’t seem to think this is a big deal.
Trump insists that his lies about the FBI are “core political speech” protected by the First Amendment. He also deliberately distorts the “heckler’s veto,” as he has done many times before, claiming that he cannot be silenced to prevent foreseeable, violent acts by his supporters. But as the DC Circuit wrote in its order upholding the gag order in the election interference case, “That doctrine prohibits restraining speech on the grounds that it ‘might offend a hostile mob’ hearing the message.” [….]
The DC Circuit judges noted that the trial judge need not find that the defendant’s statements had led to violent attacks in this case, they could infer the danger from attacks on everyone from Atlanta poll workers, to grand jurors in Fulton County, to the jury foreperson doxxed in the Roger Stone case. Applying the standard set out by the Supreme Court in Gentile v. State Bar of Nevada, the judges blessed the gag order based on a finding that Trump’s attacks on witnesses, jurors, and court staff posed a “substantial likelihood of materially prejudicing” the proceedings.
But that may not matter to Judge Aileen Cannon, who showed marked hostility to this (and every other) prosecutorial motion at a hearing Monday in Fort Pierce, where she waved away the ample record of Trump endangering witnesses and law enforcement, as well as an exhibit showing threats to FBI agents by a man who was killed in an attempted attack on an FBI building in Cincinnati just days after the warrant on Mar-a-Lago was executed.
“There still needs to be a factual connection between A and B,” the judge said, rebuffing Assistant US Attorney David Harbach’s efforts to make the government’s case.
“Mr. Harbach, I don’t appreciate your tone,” she fumed in response to the complaint that she wasn’t letting the government articulate its position, according to Just Security’s Adam Klasfeld, who was in the courtroom. “I expect decorum in this courtroom at all times. If you cannot do that, I’m sure one of your colleagues can take up this motion.” [….]
It seems highly unlikely that Cannon will do anything to curb Trump’s speech, until someone else gets hurt — and, if and when that happens, she will blame the government for failing to properly argue in favor of the gag order.
One more on the stolen documents case from Justin Rohrlich at The Daily Beast: New Pics Show Nuclear Secrets Stashed Beside the Diet Cokes at Mar-a-Lago.
On Monday night, following Trump’s latest disingenuous contention—that the FBI agents who seized and reviewed the contents of boxes upon boxes of sensitive materials stored at Mar-a-Lago “failed to maintain” the exact order of the documents within, which Trump now claims could somehow exonerate him—government lawyers filed a scathing response letting the air out of Trump’s contentions.
Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).
Far from a neatly ordered system under which Trump, a notorious pack rat, maintained a precise inventory of important documents, Special Prosecutor Jack Smith, along with prosecutors Jay Bratt and David Harbach, noted the “cluttered collection of keepsakes,” which “traveled from one readily accessible location to another” around the Palm Beach, Florida club.
“[T]his is not a case where reams of identically-sized documents were stacked neatly in file folders or redwelds, arrayed perfectly within a box,” the filing states. “To anyone other than Trump, the boxes had no apparent organization whatsoever.”
Trump kept highly guarded secrets in boxes with “personally chosen keepsakes of various sizes and shapes from his presidency—newspapers, thank you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others,” the government’s filing goes on.
“After they landed in stacks in the storage room, several boxes fell and splayed their contents on the floor; and boxes were moved to Trump’s residence on more than one occasion so he could review and pick through them,” the filing continues. “Against this backdrop of the haphazard manner in which Trump chose to maintain his boxes, he now claims that the precise order of the items within the boxes when they left the White House was critical to his defense, and, what’s more, that FBI agents executing the search warrant in August 2022 should have known that.”
Smith, Bratt, and Harbach included a slew of exhibits to back up their position, with numerous previously unseen pictures of Trump’s decidedly chaotic storage methods. One shows assorted wadded-up golf shirts side-by-side with a folder marked “CONFIDENTIAL.” Another shows extremely sensitive defense-related documents carelessly stacked up on the floor beside cases of Diet Coke, a Hermes tie box, and a “Save America” cap, several toppled boxes with papers, binders, and folders spilling out, and a box containing a Christmas pillow and a random length of bubble wrap, beneath which, as national security analyst and writer Marcy Wheeler pointed out, at least one document prosecutors say was related to America’s nuclear weapons program.
In one exhibit, Smith & Co. provide a new photo of a storage closet at Mar-a-Lago where the contents of at least five upturned bankers boxes can be seen spilling out onto the floor. Several suit jackets in plastic dry cleaning bags hang from a rack above them, a Gibson guitar case leans against the wall, and what appears to be a piece of rococo plaster molding teeters atop a cardboard box nearby. According to the indictment, one of the boxes seen here contained a 2019 document marked “SECRET//REL TO USA, FVEY,” which denotes the Five Eyes intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the U.S.
Read more and see photos at the Daily Beast link.
This post is getting really long, so I’m going going to end there. I’ll add a few more links in the comment thread. Have a great day, everyone!!
Lazy Caturday Reads
Posted: June 22, 2024 Filed under: cat art, caturday, Corrupt and Political SCOTUS, Donald Trump, SCOTUS | Tags: immigration, Judge Aileen Cannon, Justic Sonia Sotomayor, Obergefell v. Hodges, same sex marriage, Special Counsel Jack Smith, Supreme Court 6 CommentsHappy Caturday!!

Cat Thief, by Pil Hwa
Not surprisingly, there is quite a bit of Supreme Court news today. The right wing justices seem determined to help Trump prevent his criminal trials from going forward before the November election. We are waiting for SCOTUS to release a decision on Trump’s claim of “presidential immunity” for crimes he committed in office, and it looks like they are going to hold off announcing that decision until the bitter end.
And, of course, District Court Judge Aileen Cannon is working to help Trump avoid being tried for stealing and hoarding top secret government documents in a bathroom, a ballroom stage, an unsecure storage area, and of course, in his bedroom and even his desk.
Here’s the latest on the Supreme Court’s activities:
Josh Fiallo at The Daily Beast: What the Hell Is Going on With the Supreme Court’s Trump Ruling?
The Supreme Court released a slew of new rulings on Friday morning, but, once again, none of them included the decision weighing heaviest on Americans’ minds—whether Donald Trump should be granted king-like immunity for his criminal indictments.
Friday marks 114 days since the case was accepted by the high court—an inexcusable amount of time to rule on something so consequential to the country, a top legal expert tells The Daily Beast.
Laurence Tribe, a constitutional law professor at Harvard University, said Friday it’s clear that the Supreme Court, which has operated with a comfortable conservative majority since Trump’s presidency, is doing the ex-president’s bidding.
With each day that passes without a decision, the chances of a Trump trial before the 2024 election grow slimmer.
“They’re obviously delaying to benefit Donald Trump,” he said.
Tribe said, realistically, an appropriate time for the court to reach a decision on Trump would have been sometime in December, and Trump’s trial would’ve been completed by now.
Instead, it’s taken the Supreme Court more than twice the time to rule on Trump’s immunity—a matter an appeals court comprehensively rejected—than it took to rule on the much more complex United States vs. Richard Nixon case, which took 54 days.
What’s more, the arguments in Trump’s case were so outlandish that it should have been easy for the court to dispatch with them quickly, one former Supreme Court law clerk said this week.
Robert Reich agreed, saying that the court is in effect giving Trump immunity by their delay tactics. Another legal expert, Robert J. DeNault, told Fiallo:
While just a theory, he said it’s possible the court is contemplating two things—slating Trump’s case for “re-argument,” which would delay things even longer, or potentially ruling that special prosecutors like Jack Smith, whose team brought the election-subversion charges at the heart of Trump’s case, are unconstitutional
With their slow-walking of this case, the court has deliberately interfered in the 2024 election.

Wooster and Sauce, by Richard Adams
Lia Litman, a professor at the University of Michigan Law School and former court clerk to Justice Anthony Kennedy, published an op-ed at The New York Times on June 19: Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case.
For those looking for the hidden hand of politics in what the Supreme Court does, there’s plenty of reason for suspicion on Donald Trump’s as-yet-undecided immunity case given its urgency. There are, of course, explanations that have nothing to do with politics for why a ruling still hasn’t been issued. But the reasons to think something is rotten at the court are impossible to ignore.
On Feb. 28, the justices agreed to hear Mr. Trump’s claim that he is immune from prosecution on charges that he plotted to subvert the 2020 election. The court scheduled oral arguments in the case for the end of April. That eight-week interval is much quicker than the ordinary Supreme Court briefing process, which usually extends for at least 10 weeks. But it’s considerably more drawn out than the schedule the court established earlier this year on a challenge from Colorado after that state took Mr. Trump off its presidential primary ballot. The court agreed to hear arguments on the case a mere month after accepting it and issued its decision less than a month after the argument. Mr. Trump prevailed, 9-0.
Nearly two months have passed since the justices heard lawyers for the former president and for the special counsel’s office argue the immunity case. The court is dominated by conservatives nominated by Republican presidents. Every passing day further delays a potential trial on charges related to Mr. Trump’s efforts to remain in office after losing the 2020 election and his role in the events that led to the storming of the Capitol; indeed, at this point, even if the court rules that Mr. Trump has limited or no immunity, it is unlikely a verdict will be delivered before the election….
Mr. Trump’s lawyers put together a set of arguments that are so outlandish they shouldn’t take much time to dispatch. Among them is the upside-down claim that, because the Constitution specifies that an officer who is convicted in an impeachment proceeding may subsequently face a criminal trial, the Constitution actually requires an impeachment conviction before there is any criminal punishment.
That gets things backward: The Constitution confirms that impeachment is not a prerequisite to criminal prosecution. And yet Mr. Trump’s lawyers continued to take the untenable position, in response to questioning, that a president who orders the assassination of a political rival could not face criminal charges (absent impeachment by the House and conviction in the Senate).
It does not take weeks to explain why these arguments are wrong.
Read the whole thing at the NYT.
On another issue, Justice Sonia Sotomayor suggests that previously decided marriage rights could soon be in jeopardy. The New Republic: Sotomayor Issues Dire Warning on Supreme Court Ruling on Noncitizens.
In a ruling delivered Friday, the Supreme Court decided 6–3 that U.S. citizens have no constitutional interest in their noncitizen spouses being able to enter the United States—despite the fact that a married person has an inherent interest in their spouse being able to live in the same country as they do. Supreme Court Justice Sonia Sotomayor warned the ruling is an obvious sign the court will seek to overturn protections for marriage equality next.
Sotomayor issued a dire warning in her dissent, accusing the conservative supermajority of chipping away at constitutional protections for married couples and saying they’re making “the same fatal error” as they did in Dobbs v. Jackson, the 2022 Supreme Court ruling that overturned federal abortion protections.
By Stephanie Lambourne
“The majority, ignoring these precedents, makes the same fatal error it made in Dobbs: requiring too ‘careful [a] description of the asserted fundamental liberty interest,’” Sotomayor wrote. “The majority’s failure to respect the right to marriage in this country consigns U.S. citizens to rely on the fickle grace of other countries’ immigration laws to vindicate one of the ‘basic civil rights of man’ and live alongside their spouses.”
The case involved Sandra Muñoz, a U.S. citizen whose husband was denied a visa by the U.S. consulate in El Salvador. That denial came from a broad provision in U.S. immigration law that disqualifies a person from obtaining a visa if the consulate knows “or has reasonable ground to believe” that a person is trying to enter the U.S. “to engage solely, principally, or incidentally in” unlawful activity. Her husband was denied because of tattoos he has, which a court-appointed gang tattoo expert later determined were not gang-related.
Muñoz sued the State Department, arguing that her husband’s inexplicable denial of entry into the U.S. infringed on her constitutional liberty interest in her husband’s visa application and their inability to start a life together in the U.S. In upholding the denial, the Supreme Court’s conservative justices decided not just that the State Department doesn’t need to provide reason for denying a visa but that a citizen’s right to be married doesn’t supersede the state’s strict, and often questionable, immigration processes. The conservative supermajority of the Supreme Court’s ruling chips away at the core of Obergefell v. Hodges—the landmark ruling that legalized same-sex marriage in 2015—which decided that citizens have a right to marriage.
In her dissent, Sotomayor cast urgent warnings on the impact of restricting who is allowed to be married in the U.S., noting that the conservative decision will extend to couples “like the Lovings and the Obergefells, [who] depend on American law for their marriages’ validity.”
We knew this was coming. Clarence Thomas told us so after the Dobbs decision.
Yesterday, Judge Aileen Cannon began holding hearings on the question of whether the appointment of Special Counsel Jack Smith was unconstitutional.
Gary Fineout and Kyle Cheney at Politico: Judge Cannon wants to know whether Merrick Garland is supervising Jack Smith.
The federal judge overseeing Donald Trump’s classified documents case grilled special counsel Jack Smith’s prosecutors Friday on how closely Attorney General Merrick Garland oversees their work.
Under persistent questioning from U.S. District Judge Aileen Cannon, the prosecutors declined to divulge details and seemed caught off-guard by the inquiries. At one point, Smith deputy James Pearce said he was “not authorized” to discuss the level of communication that occurred between the attorney general and the special counsel.
“I don’t want to make it seem like I’m hiding something,” Pearce then said.
The questioning came at the end of a five-hour hearing focused on a long-shot effort by Trump to have the charges against him thrown out. Smith has accused Trump of hoarding national secrets at his Mar-a-Lago estate after his presidency and obstructing the government’s efforts to retrieve them.
Trump contends that Smith’s appointment by Garland as special counsel in November 2022 is unconstitutional and that Smith lacked the legal authority to bring the case against the former president.
Sophie Sperlich’s Solo Cat
Though other courts have uniformly swept aside similar challenges to the validity of special counsel appointments, Cannon — a 2020 Trump appointee to the bench — scheduled lengthy oral arguments on the matter, a sign that she was taking it seriously. During Friday’s proceedings, she gave little indication of how she intends to rule….
In questioning prosecutors about Garland’s supervision, Cannon seemed to be trying to determine how much independent authority Smith has in practice.
Smith’s team, led by Pearce, sharply rebutted arguments that Smith’s appointment was illegal and described Smith’s role as an uncontroversial exercise of Garland’s ability to organize the Justice Department as he sees fit. Pearce emphasized that Smith was “in compliance” with longstanding Justice Department rules and regulations regarding his appointment and his handling of the case.
The exchanges marked the beginning of a three-day stretch of intense hearings called by Cannon that will continue Monday and Tuesday. Monday’s hearing will focus on another aspect of Trump’s effort to invalidate Smith’s appointment — a claim that he is being improperly funded by an indefinite Justice Department budget line item.
The judge’s intense dive into an issue that has been brushed aside by most other courts has caused head-scratching in the legal community and drawn renewed criticism of her handling of the sensitive case. Adding to the unusual dynamic: Cannon permitted three outside experts — two in favor of Trump’s position and one in favor of Smith’s — to address the court for 30 minutes apiece, nearly unheard of in criminal matters.
The good news is that if Cannon does decide that Smith was illegally appointed, he will be able to appeal the decision to the 11th Circuit Court of Appeals–which is why Cannon probably won’t decide that. She’ll just keep wasting time until it’s too late to try the case before the election.
The rest of this post is devoted to insane Trump news, so be forewarned.
Asawin Suebsaeng and Adam Rawnsley at Rolling Stone: Trump’s Not ‘Bluffing’: Inside the MAGA Efforts To Make a Second Term Even More Extreme.
“OF COURSE WE aren’t fucking bluffing.” That’s the message one close Trump adviser and former administration official — who requested anonymity to speak candidly — wants to get across to the press and public, when asked about Donald Trump’s 2024 campaign vows of “retribution,” unprecedented force, and militaristic action.
Indeed, this sentiment is shared widely among the upper echelon of Trumpland and the MAGAfied Republican Party, with various officials and conservatives with a direct line to the former president insisting that so-called “moderates” or alleged “establishment” types will be tamed or purged, if Trump retakes power next year.
Rolling Stone spoke with a dozen sources who are playing roles in Trump’s “government-in-waiting” or are in regular contact with the ex-president, including GOP lawmakers, Trump advisers, MAGA policy wonks, conservative attorneys, and former and current Trump aides. They universally stress that the former (and perhaps future) U.S. president and top allies are serious about following through on his extreme campaign pledges. These promises run the gamut from siccing active duty military units on not just American cities but also Mexican territory, all the way to prosecuting and potentially imprisoning Trump foes.
Several of these sources say that a wide range of litmus tests, loyalty screenings, and “guardrails” are already being implemented, or discussed with Trump, to root out so-called “RINOs” (Republicans in Name Only) and MAGA-skeptical conservatives from embedding themselves within a possible second Trump administration. These processes would be largely aimed at drastically curtailing the number of squishy Republican officials who would be able to get in Trump’s ear to, in the words of one GOP lawmaker on Capitol Hill, try to “scare Trump off of what needs to be done or should be.” This lawmaker cited former senior administration officials such as Mark Esper and John Kelly who, at times, urged the then-president to moderate his policy desires.
The long engagement, by Susan Herbert
One idea regularly kicked around Trump’s government-in-waiting is a dramatic increase in the use of “lie detectors” across the federal apparatus, to root out or charge leakers and other subversives. These devices, called polygraphs, are frequently unreliable and inadmissible in courts of law….
Sources close to the former president and several of those counseling him on second-term policy add that one big reason they feel confident a revived Trump White House won’t be, in their minds, tamed in the ways it was during the first term is because Trump presumably won’t be running for reelection….
Further, many of Trump’s political and policy allies feel emboldened by the federal judiciary being (thanks to Trump) significantly more right-wing than it was when he first came into office. This would allow Team Trump, in the words of one conservative attorney close to the ex-president, to “get away with a lot more” than elected Republicans used to, in the face of an expected barrage of constitutional challenges to their executive actions or policies, if Trump wins in November.
There’s more at the link if you can get past the paywall. I got through by just wiping out my search history.
Politico: Trump keeps flip-flopping his policy positions after meeting with rich people.
Donald Trump privately hinted at a shift in immigration policy at a Business Roundtable meeting last week. He told the group “we need brilliant people” in this country, according to one of the attendees, who was granted anonymity to describe a private meeting. And when he talked about finding ways to keep American-educated talent at home, some top CEOs, like Apple’s Tim Cook, were seen nodding their heads.
The public move came a week later: On “The All-In Podcast” on Thursday, Trump said foreign nationals who graduate from U.S. colleges and universities should “automatically” be given a green card upon graduation.
It was the latest major policy shift from a candidate who has proven equal parts hardline and chameleon-like over time. Trump’s pivot on immigration followed his reversal on TikTok, embracing an app he once tried to ban, and his shift on cryptocurrency.
To the former president’s allies, the reversals are evidence of a nuanced politician taking thoughtful new positions on rapidly changing issues.
But there is also plainly a pattern of Trump aligning his political stances with the views of wealthy donors and business interests.
An automatic green card on graduation? Wouldn’t that attract even more immigrants to the U.S.? And hasn’t Trump said he was going deport all immigrants, whether they are here legally or not? I wonder how Stephen Miller feels about this latest Trump policy?
More on the green card promise from Chris Cameron at The New York Times: Trump Says He Would Give Green Cards to All Foreign College Students at Graduation.
Donald J. Trump said he would push for a program that would automatically give green cards to all foreign college students in America after they graduate, a reversal from restrictions he enacted as president on immigration by high-skilled workers and students to the United States.
But hours after Mr. Trump’s remarks aired, his campaign’s press secretary, Karoline Leavitt, walked back the former president’s comments, saying in a statement that there would be an “aggressive vetting process” that would “exclude all communists, radical Islamists, Hamas supporters, America haters and public charges” and that the policy would apply only to the “most skilled graduates who can make significant contributions to America.”
By Dee Nickerson
Appearing with the host David Sacks, a Silicon Valley investor who backs the former president’s 2024 campaign, on a podcast that aired Thursday afternoon, Mr. Trump had repeated his frequent criticism of high levels of immigration as an “invasion of our country.” But he was then pressed by Jason Calacanis, another investor who hosts the podcast, to “promise us you will give us more ability to import the best and brightest around the world to America.”
“I do promise, but I happen to agree,” Mr. Trump said, adding “what I will do is — you graduate from a college, I think you should get automatically, as part of your diploma, a green card to be able to stay in this country, and that includes junior colleges.”
It would have been a sweeping change that would have opened a vast path to American citizenship for foreigners. The State Department estimated that the United States hosted roughly one million international students in the academic year that ended in 2022 — a majority of whom came from China and India. The United States granted lawful permanent residence to roughly one million people during the year that ended in September 2022, so such a policy change would significantly increase the number of green cards issued.
Mr. Trump suggested on the podcast that he had wanted to enact such a policy while in office but “then we had to solve the Covid problem.” The Trump administration invoked the pandemic to enact many of the immigration restrictions that officials had wanted to put in place earlier in Mr. Trump’s term.
Mr. Trump also lamented “stories where people graduated from a top college or from a college, and they desperately wanted to stay here, they had a plan for a company, a concept, and they can’t — they go back to India, they go back to China, they do the same basic company in those places. And they become multibillionaires.”
It’s crazy, but obviously it will never happen.
Luke Broadwater at The New York Times: On the House Floor, Republicans Gag Mentions of Trump’s Conviction.
The history-making felony conviction of former President Donald J. Trump has raised some historic questions for the House’s rules of decorum, which have existed for centuries but can be bent to the will of whichever party controls the majority-driven chamber.
The Republicans who now hold the majority have used those rules to impose what is essentially a gag order against talking about Mr. Trump’s hush-money payments to a porn actress or about the fact that he is a felon at all, notwithstanding that those assertions are no longer merely allegations but the basis of a jury’s guilty verdict. Doing so, they have declared, is a violation of House rules.
Scene from a Train, by Richard Adams
In short, perhaps the only place in the United States where people are barred from talking freely about Mr. Trump’s crimes is the floor of what is often referred to as “the people’s House,” where Republicans have gone so far as to erase one such mention from the official record.
In recent weeks, Republican leaders have cracked down on Democrats who refer to Mr. Trump’s court cases on the floor, citing the centuries-old rules of decorum, which date back to the days of Thomas Jefferson. Merely mentioning that Mr. Trump is a felon prompts an admonishment from whomever is presiding when the offending fact is uttered. (Mr. Trump is also indicted on felony charges in cases related to his handling of classified documents and attempting to overturn the 2020 election.)
“The chair would remind members to refrain from engaging in personalities toward presumptive nominees for the office of the president,” is now a common phrase heard in the chamber after the mention of the words “Trump” and “felon.”
On one occasion, Republicans barred Representative Jim McGovern, Democrat of Massachusetts, from speaking for the rest of the day and deleted his comments from the Congressional Record after he railed against Mr. Trump and his court cases.
“When they censor any mention of Donald Trump’s criminal convictions, they are essentially trying to ban a fact,” Representative Jamie Raskin of Maryland, the top Democrat on the Oversight Committee, said in an interview. “I am not aware of any precedent where factual statements have been banned in our lifetime.”
So what else is new?
At The New Republic, Greg Sargent writes that Trump will try to blame Biden for crimes committed by immigrants: Trump Just Revealed How He’ll Attack Biden at Debate—and It’s Vile.
You can’t say you weren’t warned: At the upcoming presidential debate on June 27, Donald Trump plans to highlight a handful of horrific murders—allegedly by undocumented migrants—and blame them on President Biden. We know this because Trump told us so right on his Truth Social feed.
“We have a new Biden Migrant Killing—it’s only going to get worse, and it’s all Crooked Joe Biden’s fault,” Trump seethed, referring to the horrible death of a 12-year-old Texas girl. “I look forward to seeing him at the Fake debate on Thursday. Let him explain why he has allowed MILLIONS of people to come into our Country illegally!”
Now that Trump has telegraphed this coming assault, the Biden campaign has time to prepare a response. What should it be?
First, let’s be clear on why this line of attack is pure nonsense. Trump and MAGA figures have aggressively highlighted such killings lately, in many forms: Trump sometimes brings up victims at campaign events. MAGA lawmakers put them on T-shirts. Fox News airs visuals of migrant mug shots. And as Aaron Rupar shows, Fox sometimes even puts individual crimes in chyrons.
The argument is always that Biden’s policies are to blame for these horrors. But at the most obvious level, this is absurd, because immigrants do not commit crimes at higher rates than native-born Americans do. That includes undocumented immigrants. There is no link between immigration and violent crime.
Of course, the real Trump-MAGA message is that all undocumented immigrants should be presumed violent and dangerous, regardless of what any pointy-headed statistics say. MAGA figures are highlighting specific killings to smear millions—that is, they’re arguing by anecdote.
But even at the anecdotal level, the claims implode under scrutiny. Take Rachel Morin, a young mother who was horrifically murdered in Maryland, allegedly by a migrant from El Salvador. Trump highlighted her at a recent rally, and MAGA figures regularly cite her to criticize Biden’s new legal protections for the undocumented spouses of U.S. citizens.
We’ll just have to wait and see what happens on Thursday. I’m sure Trump’s behavior will be deranged and nonsensical. I don’t know if I can stand to watch it. At least we know that their mikes will be shut off while the other candidate is speaking.
That’s all the politics news I have for you today. I hope the cat art will make it somewhat bearable.
Wednesday Reads
Posted: June 19, 2024 Filed under: Juneteenth | Tags: Judge Aileen Cannon, Kim Jong Un, North Korea, Russia, Special Counsel Jack Smith, stolen documents case, Vladimir Putin 4 CommentsGood Morning!!

Celebrating freedom on Juneteenth
Today is Juneteenth, so I’ll begin with some writing about the holiday that celebrates freedom from slavery.
The Los Angeles Times Editorial Board: Editorial: Juneteenth isn’t a holiday just for Black people. Everyone should celebrate freedom.
Juneteenth is no more a holiday just for Black people than the Fourth of July is a holiday just for white people. It recognizes and celebrates a profound milestone in American history — the declaration of freedom for an entire race of American people who had been held in bondage for centuries.
Although the day itself, June 19, 1865, was far less life-changing than it should have been.
Juneteenth commemorates the arrival of Union Army Major Gen. Gordon Granger in Galveston, Texas, with General Order No. 3 telling the people of the westernmost Confederate state that “all slaves are free.” Although the Emancipation Proclamation had taken effect in 1863, it couldn’t be implemented until the Civil War ended and Confederate states surrendered.
Confederate Gen. Robert E. Lee surrendered his troops to Union Gen. Ulysses S. Grant in April 1865 in Virginia, but other Confederate troops further south and west continued fighting, surrendering only in the months afterward. The 13th Amendment abolishing slavery would be ratified in December 1865.
Enslaved people in Texas were the last ones in the Confederacy to find out they were freed. But the news didn’t filter across the state immediately. And some slave owners didn’t obey the order right away, waiting to see who would enforce it.
Texas may have been the last Confederate state to get word of emancipation, but in 1980 it became the first U.S. state to make it an official holiday.
Juneteenth is now a federal holiday. It’s also recognized as a state holiday in more than 25 states and the District of Columbia.
A bit more:
The 1865 announcement of freedom didn’t end systemic racism and its discriminatory effects in housing, employment and education. It didn’t stop the violence Black people faced day after day, and still do. Black people make up 13% of the U.S. population but account for 37% of the prison and jail population. Similarly, Black people are 37% of the homeless population nationwide….
But there are reasons to celebrate this holiday. Juneteenth is about honoring fortitude, perseverance and, yes, optimism. Those are traits Americans have always had. And they are traits Black Americans have demonstrated in abundance for centuries — otherwise, no Black people would have survived here. And Black communities have held celebrations big and small for Juneteenth since 1866.
Consider Opal Lee. The former teacher is often called “the grandmother of Juneteenth” for her decades of activism to get it designated a federal holiday. When she was a young girl, a mob of white supremacists attacked her Texas home and burned the furniture on Juneteeth in 1939.
In 2016, a month before she turned 90, Lee set off on a four-month walk from her hometown of Fort Worth to Washington, D.C., to publicize her cause. In 2021, Congress with overwhelming bipartisan support passed a bill making Juneteenth a federal holiday, and President Biden signed it into law.
Last month, at 97, Lee stepped across the floor at a White House ceremony to be embraced by Biden as he placed the Medal of Freedom, the nation’s highest civilian honor, around her neck.
The Guardian: As Juneteenth grows in US, southern states cling to Confederate holidays.
Juneteenth has been recognized as a US federal holiday since 2021 and acts as a day to celebrate the end of slavery in the country – but millions of Americans will not have the day off today, 19 June, to mark the occasion.
At least 30 states – including most recently Rhode Island and Kentucky – and the District of Columbia recognize Juneteenth as an official public holiday, according to the Pew Research Center.
Portrait of Opal Lee by Sedrick Huckaby
Yet as the number of states to legally declare Juneteenth a holiday rises, other states continue to cling to holidays that honor the Confederacy.
Ten states – all in the American south – have at least one day commemorating the Confederacy, according to Axios, and six former Confederate states do not officially recognize Juneteenth: Florida, Mississippi, Alabama, Arkansas, South Carolina and North Carolina.
Mississippi and Alabama each celebrate three Confederate holidays – paid holidays for state employees: Confederate Memorial Day; the birthday of Jefferson Davis, the leader of the Confederacy; and Robert E Lee Day, to commemorate the leader of the Confederate army. In both states, Robert E Lee Day is also used to celebrate Martin Luther King Jr Day.
In Alabama, the Republican governor, Kay Ivey, has authorized this year’s Juneteenth as a state holiday for a fourth year, amid faltering legislative efforts to make it a permanent holiday.
A bill proposed earlier this year would have added Juneteenth as a permanent holiday in the state, but state employees would have been allowed to choose between taking that day or Jefferson Davis’s birthday off from work. The Alabama house of representatives approved the bill, but it did not get a vote in the state senate.
Read more at The Guardian.
At MSNBC, Hayes Brown has a think piece about why the Juneteenth holiday is just another sop to Black Americans instead of the government working to advance real equality: The vibes are very off this Juneteenth.
It’s Juneteenth 2022 and I am uncomfortable on a New York City beach. It’s not that the sun is too hot,which it isn’t, or that the water is too cold, though it is. The discomfort I feel comes from looking around the crowded sands and realizing how few faces look like mine on what’s meant to be a day celebrating us.
When President Joe Biden signed a bill declaring Juneteenth a federal holiday in 2021, it was one of the few tangible changes that was put into place after a wave of protests for racial justice that had rocked the country the previous year. In theory, the holiday recognized a turning point in America’s history as the last slaves learned of their freedom. But as I sat on that beach, I couldn’t help but wonder: “Who is this really for?”
Juneteenth, by Kalunda Janae Hilton
Texas first made Juneteenth an official holiday in 1980. After decades as a more regional celebration, the holiday quickly gained awareness nationally over the last decade, especially after it was featured on the ABC sitcom “black-ish” in 2017. But it was the civil rights protests of 2020 that truly propelled it into the mainstream, as millions took to the streets to demand an end to police brutality against Black Americans following the death of George Floyd in Minnesota and Breonna Taylor in Kentucky. Lawmakers seized on boosting Juneteenth as a way to show that those millions of voices weren’t being totally ignored….
But it’s seeming more and more like this was a gilded token. Hopes of federal police reform were dashed when Republicans realized they could hammer Democrats for being in favor of “defunding the police.” Support for Black Lives Matter has plummeted since 2020, with only a narrow majority backing the movement compared to the two-thirds support that was once there.
And when you look at who is getting to enjoy the newly established holiday, it’s clear that the benefit is not evenly distributed. Consulting firm Mercer found that the share of private employers that made Juneteenth a paid holiday surged from 9% in 2021 to 39% in 2023.
We then must consider that roughly a quarter of Black households in America are earning less than $25,000 per year, according to U.S. Census Bureau data. That puts then in the bottom 10% of earners, according to the Bureau of Labor Statistics. A Center for American Progress analysis of BLS data shows that among the lowest 10% of earners, 47% have no access to any form of paid time off, a number that falls to 38% when looking at part-time workers. Taken together, that means there’s a major chunk of the Black population that’s likely getting no benefit at all from Juneteenth.
Read the rest at the MSNBC link above.
Judge Aileen Cannon is back in the news, as she prepares to hear arguments on why the Trump stolen documents case should be dismissed. On of those arguments is that Special Counsel Jack Smith was illegally appointed. Yes, that’s a ridiculous notion that has already been adjudicated and rejected.
The judge overseeing former President Donald Trump’s classified documents case will kick off a series of hearings this week on motions to dismiss the case. One of the hearings is expected to focus on a legal theory pushed by conservative legal critics of special counsel Jack Smith that seeks to invalidate his appointment.
Judge Aileen Cannon’s court calendar related to this case has become increasingly logjammed in recent months – as she has scheduled hearings on legal maneuvers by Trump and his co-defendants that other judges would not typically entertain.
Legal experts have raised questions over whether her decisions are simply a product of inexperience or in some instances show outright favoritism towards Trump — who appointed Cannon to the bench in 2020.
Judge Cannon, for example, has set aside all of Friday for a hearing on Trump’s motion arguing that Smith’s appointment was unlawful – an issue other courts have largely rejected.
On Monday, Cannon will kick off her court schedule with another hearing related to Smith’s appointment – a motion brought by Trump challenging the funding of the special counsel’s office. The same day, Cannon will hear arguments over Smith’s request for a gag order limiting Trump’s rhetoric about law enforcement involved in the search of Mar-a-Lago in August 2022.
Next Tuesday, she is scheduled to consider Trump’s request to throw out evidence gathered during that search as well as testimony provided by Evan Corcoran, his former lead attorney who Smith has alleged Trump misled as part of his efforts to obstruct the government’s investigation.
Ellie Quinlan Houghtaling at The New Republic, via Yahoo News: Judge Aileen Cannon Confusingly Does Jack Smith a Massive Favor.
Judge Aileen Cannon appears to be sick and tired of nonparties attempting to intervene in Donald Trump’s classified documents trial—even though she’s the one who allowed them to do so in the first place.
Aileen Cannon and Jack Smith
The Trump-appointed judge issued a paperless order Monday, rejecting without explanation a couple dozen Republican attorneys general and their proposed brief opposing special counsel Jack Smith’s pending gag order on the former president, which they decried as “presumptively unconstitutional.”
Attorneys general representing the states of Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming had all signed on to the amicus curiae. In it, they argued that the tabled gag was an affront to the First Amendment rights of everyday Americans, who have a right to hear Trump push back against legal prosecutors.
The fierce opposition arose after Smith argued for a change in Trump’s bond conditions, claiming that the presumptive Republican presidential nominee’s Truth Social posts were “grossly misleading” and “inflammatory.” Smith argued Trump’s posts put law enforcement and potential trial witnesses in legitimate danger.
“Those statements create a grossly misleading impression about the intentions and conduct of federal law enforcement agents—falsely suggesting that they were complicit in a plot to assassinate him—and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment,” Smith said in May.
As noted above, she will still hear arguments from outsiders, just not from a bunch of right wing attorney generals.
At The Washington Post, Ruth Marcus has and opinion piece about Judge Cannon: Judge Aileen Cannon: What will she think of next?
From the start of the investigation into Donald Trump’s mishandling of classified documents, U.S. District Judge Aileen M. Cannon has seemed inclined to act in favor of the president who appointed her. Now, Cannon might be poised to issue her most audacious ruling yet, on Trump’s far-fetched bid to have the indictment dismissed on the grounds that special counsel Jack Smith’s appointment is constitutionally invalid.
This is the kind of Hail Mary motion that should have been dispatched quickly after Trump’s lawyers filed it in February. But that’s not the Cannon way. Instead — four months later, and more than a year after Trump was indicted — she is holding a day and a half of oral argument on the issue. She will be hearing not only from Trump and prosecutors but, unusually, also from outside parties contending for and against the legitimacy of the special counsel.
Perhaps, in the end, Cannon won’t take the plunge and kill the case. (Such a ruling shouldn’t jeopardize the election interference case pending in Washington.) But at this point, after months of vacillating between slow-walking the case and issuing rulings favorable to Trump, Cannon can’t be underestimated.
The essence of Trump’s claim — backed by, among others, former attorneys general Edwin Meese III and Michael Mukasey — is that Smith’s naming as special counsel violates the Constitution’s appointments clause. That provision requires that “Officers of the United States” be nominated by the president and confirmed by the Senate. But the appointments clause allows Congress to give the “Heads of Departments” — in this case the attorney general — authority to appoint “inferior officers.”
“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,” they write. “As such, Jack Smith lacks the authority to prosecute this action.”
Smith “wields extraordinary power, yet effectively answers to no one,” says the brief filed on behalf of Meese and Mukasey. “He has no more authority to represent the United States in this Court than Tom Brady, Lionel Messi, or Kanye West.”
It’s true that the Supreme Court has bolstered the reach of the appointments clause in recent years. Still, the problem with the anti-Smith argument is threefold: text, history and precedent.
First, the law empowers the attorney general to make such appointments. For example, 28 U.S.C. §533 authorizes the attorney general to “appoint officials … to detect and prosecute crimes against the United States.” Likewise, 28 U.S.C. §515 provides that “any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal … which United States attorneys are authorized by law to conduct.”
And by the way, under the special-counsel regulations, Smith is bound to follow Justice Department rules and is subject to being overruled, or even removed for cause, by the attorney general.
Read the rest at the WaPo.
Yesterday, Vladimir Putin traveled to North Korea to meet with Kim Jong Un. The two dictators agreed to help each other militarily. The New York Times: Putin and Kim Sign Pact Pledging Mutual Support Against ‘Aggression.’
President Vladimir V. Putin of Russia and North Korea’s leader, Kim Jong-un, revived a Cold War-era mutual defense pledge between their nations on Wednesday, signing a new agreement that calls for them to assist each other in the event of “aggression” against either country.
The Russian president, in a briefing after the two leaders signed the document, did not clarify whether such assistance would require immediate and full-fledged military intervention in the event of an attack, as the now-defunct 1961 treaty specified. But he said that Russia “does not exclude the development of military-technical cooperation” with North Korea in accordance with the new agreement.
The pact was one of the most visible rewards Mr. Kim has extracted from Moscow in return for the dozens of ballistic missiles and over 11,000 shipping containers of munitions that Washington has said North Korea has provided in recent months to help support Mr. Putin’s war in Ukraine.
It also represented the farthest the Kremlin has gone in throwing its weight behind North Korea, after years of cooperating with the United States at the United Nations in curbing Pyongyang’s nuclear and missile program — a change that accelerated after Russia’s invasion of Ukraine.
“This is a truly breakthrough document, reflecting the desire of the two countries not to rest on their laurels, but to raise our relations to a new qualitative level,” Mr. Putin added. Neither North Korea nor Russia immediately released the text of the new agreement.
Mr. Putin denounced the United States for expanding military infrastructure in the region and holding drills with South Korea and Japan. He rejected what he called attempts to blame the deteriorating security situation on North Korea, which has carried out six nuclear test explosions since 2006 and tested intercontinental ballistic missiles that could reach the United States.
“Pyongyang has the right to take reasonable measures to strengthen its own defense capability, ensure national security and protect sovereignty,” Mr. Putin said.
Mr. Kim called the pact a “most powerful agreement” and praised the “outstanding foresight” of Mr. Putin, “the dearest friend of the Korean people,” the state-owned Russian news agency RIA Novosti said.
I wonder if they also discussed ways to help put Trump back in the White House, where he would certainly withdraw the U.S. from NATO.
CNN: Putin says Russia and North Korea will help each other if attacked, taking ties to a ‘new level.’
Vladimir Putin said Russia and North Korea have ramped up ties to a “new level,” pledging to help each other if either nation is attacked in a “breakthrough” new partnership announced during the Russian president’s rare visit to the reclusive state.
Thousands of North Koreans chanting “welcome Putin” lined the city’s wide boulevards brandishing Russian and North Korean flags and bouquets of flowers, as Putin kicked off his first visit to North Korea in 24 years with a finely choreographed display of influence in the dictatorship.
The pair then signed the new strategic partnership to replace previous deals signed in 1961, 2000 and 2001, according to Russian state news agency TASS. “The comprehensive partnership agreement signed today includes, among other things, the provision of mutual assistance in the event of aggression against one of the parties to this agreement,” Putin said after the meeting.
He said the deal encompasses the “political, trade, investment, cultural spheres, and the security sphere as well,” calling the pact “truly a breakthrough document.”
Putin said joint drills involving the United States, South Korea and Japan were “hostile” toward North Korea,” characterizing the US policy as “confrontational.” Kim, meanwhile, called the new “alliance” a “watershed moment in the development of the bilateral relations.”
But the deal between the two autocrats raised many questions, too – including whether Russia’s nuclear deterrent now extends to North Korea, and vice versa, or whether the two nations will now hold joint military drills….
Putin was met with exuberant celebrations at a welcome ceremony with his counterpart at Kim Il Sung Square in the heart of the North Korean capital, where mounted soldiers, military personnel and children holding balloons cheered against the backdrop of large portraits of the each leader.
The two leaders presented their respective officials and stood together as the Russian national anthem played before riding off standing shoulder to shoulder in an open-top limousine as they smiled and waved to the crowds.
More interesting stories to check out:
BBC: China is the true power in Putin and Kim’s budding friendship.
The Washington Post: Heat wave to scorch Eastern U.S. with record high temperatures.
CNN: Why some scientists think extreme heat could be the reason people keep disappearing in Greece.
The New York Times: Trump Wasn’t Going to Stay in Milwaukee. Then Reporters Asked.
NBC News: Trump says business executives should be ‘fired for incompetence’ if they don’t support him.
The Daily Beast: Roger Stone Caught on Tape Discussing Trump’s Plan to Challenge 2024 Election.
Politico: Amy Coney Barrett may be poised to split conservatives on the Supreme Court.
Amanda Marcotte at Salon: Another evangelical abuse scandal: It’s a big reason why they worship Trump.
Lazy Caturday Reads
Posted: June 15, 2024 Filed under: 2024 presidential Campaign, cat art, Cats, caturday, Donald Trump, Joe Biden | Tags: Anthony Fauci, bump stocks, disinformation, doctored video, gun violence, intersex cats, mass shootings, Supreme Court, tortoiseshell cats, Trump's dementia 4 Comments
Cinder, previously Cindi
Happy Caturday!!
I read an interesting cat news story yesterday about a “rare” male tortoiseshell kitten. From The Oregonian: ‘Unicorn’ kitten, born intersex, adopted from central Oregon shelter.
Central Oregon veterinarians are excited about a rare tortoiseshell kitten that was brought into a shelter earlier this spring, and adopted into a new family last Friday.
That’s because the kitten, Cinder, was born intersex, with both male and female genitals.
The Central Oregon Humane Society announced the news about about the kitten on Friday, saying it was like “spotting a unicorn.”
“Even though I’ve only been in the veterinary field for nine years, this very well could be a once-in-a-career moment,” Bailey Shelton, clinic manager at the shelter, said in a news release. “They always talked about how rare male tortoiseshells are back in school, but seeing one in person is something else.”
Due to a stroke of genetics, tortoiseshell colored cats, known for their swirling coats of black and orange, are almost always female. And while Cinder does have some female genitals, including what appears to be a vulva, the shelter said, it does not have a uterus or ovaries, born instead with a pair of testicles (which have since been removed).
Crystal Bloodworth, medical director for the shelter, said now that Cinder has been neutered, it will grow up appearing to be female. However, given its anatomy at birth, the shelter has opted to label the kitten as male.
“To call it a male is tough, but with the binary nature of animals and people’s perception of animals, we chose male,” Bloodworth said.
While rare, incidents of hermaphroditism in cats is not unheard of, the shelter said. Like humans, intersex cats can be born with many variations of both male and female genitalia. This cat likely has three chromosomes, XXY, with two Xs that allow for the tortoiseshell coloring and a Y that allows for the testicles.
Cinder was brought into the central Oregon shelter in April, part of a litter relinquished by a local cat owner. The kitten, presumed to be female, was taken into a foster home and named Cindi. Veterinarians discovered the male genitals during a routine spay surgery, after which the cat was renamed Cinder.
More cute photos at the link.
Here are some of the stories topping the news today.
As I’m sure you know, yesterday the corrupt Supreme Court struck down the Trump era ban on bump stocks, thus making it easier for angry men with guns to murder huge numbers of people quickly. NBC News: Supreme Court rules ban on gun bump stocks is unlawful.
In a 6-3 ruling on ideological lines, with the court’s conservatives in the majority, the court held that an almost 100-year-old law aimed at banning machine guns cannot legitimately be interpreted to include bump stocks.
The Trump administration imposed the prohibition after the Las Vegas mass shooting in 2017, in which Stephen Paddock used bump stock-equipped firearms to open fire on a country music festival, initially killing 58 people. Then-President Donald Trump personally called for the accessory to be banned.
Writing for the majority, Justice Clarence Thomas said that a firearm equipped with the accessory does not meet the definition of “machinegun” under federal law.
The ruling prompted a vigorous dissent from liberal Justice Sonia Sotomayor.
“When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck,” she wrote in reference to bump stocks enabling semiautomatic rifles to operate like machine guns. Sotomayor also took the rare step of reading a summary of her dissent in court.
Even with the federal ban out of the picture, bump stocks will still not be readily available nationwide. More than a dozen states have already banned them, according to Everytown for Gun Safety, a nonprofit gun-control group. Congress could also act.
A response to the decision from Mark Joseph Stern at Slate: Clarence Thomas’ Opinion Legalizing Bump Stocks Is Indefensible.
The Supreme Court’s conservative supermajority carved a huge loophole into the federal prohibition against machine guns on Friday, striking down a bump stock ban first enacted in 2018 by the Trump administration. Its 6–3 decision allows civilians to convert AR-15–style rifles into automatic weapons that can fire at a rate of 400–800 rounds per minute. One might hope a ruling that stands to inflict so much carnage would, at least, be indisputably compelled by law. It is not. Far from it: To reach this result, Justice Clarence Thomas’ opinion for the court tortures statutory text beyond all recognition, defying Congress’ clear and (until now) well-established commands. As Justice Sonia Sotomayor explained in dissent, the supermajority flouts the “ordinary meaning” of the law, adopting an “artificially narrow” interpretation that will have “deadly consequences.” This Supreme Court will be squarely at fault for the next mass shooting enabled by a legal bump stock.
A Boy with a Cat, by Pierre Auguste Renoir
Friday’s decision, Garland v. Cargill, is not a Second Amendment case. The plaintiffs do not (yet) argue that the Constitution guarantees a right to own bump stocks. Rather, they claim that the Trump administration stretched existing law too far when it outlawed bump stocks following the 2017 Las Vegas shooting. The gunman committed that massacre with the assistance of a bump stock, allowing him to murder 60 people in 10 minutes from 490 yards away, the deadliest single-gunman mass shooting in U.S. history. To use this device, a gunman attaches it to his AR-15, then holds his finger on the trigger and leans forward to maintain pressure on the bump stock. A semiautomatic requires the shooter to pull the trigger to fire each round. When done correctly, by contrast, “bump firing” can then unleash a spray of bullets without repeated pulls of the trigger, and at the rate of an automatic weapon. This barrage is audible in many videos of the Las Vegas shooting; victims were mowed down in rapid succession because the bump stock enabled nonstop fire.
For years, the Bureau of Alcohol, Tobacco, Firearms, and Explosives had been monitoring these devices; the agency found some unlawful, depending on their precise mechanisms, but did not take a formal position overall. The Las Vegas shooting prompted ATF to conclude that bump stocks transform semiautomatic rifles into machine guns, rendering them illegal under a long-standing federal statute. That’s because this law bans “any part designed and intended solely and exclusively” for “converting a weapon into a machinegun.” And a “machinegun” is defined as any firearm that fires “automatically” by “a single function of the trigger.” After extensive deliberation, ATF found that bump stock–equipped rifles do exactly that.
Now the Supreme Court has decided that it understands firearms better than the ATF. Thomas’ majority opinion reads like the fevered work of a gun fetishist, complete with diagrams and even a GIF. The justice, who worships at the altar of the firearm, plainly relished the opportunity to depict the inner workings of these cherished tools of slaughter. (It’s no surprise that he borrowed the images from the avidly pro-gun Firearms Policy Foundation.) To reach his preferred result, Thomas falsely accused ATF of taking the “position” that bump stocks were legal, then “abruptly” reversing course after the Las Vegas shooting. This account is dead wrong: ATF took a careful, case-by-case view of different bump stock–like devices as gunmakers developed them, deeming some permissible and others unlawful. The gun industry pushed these devices into the mainstream by deceiving ATF about their purpose; in one case, for instance, a manufacturer won approval from the agency by claiming a bump stock was designed to accommodate people with limited hand strength—then turned around and marketed it as the next best thing to a machine gun.
Read the rest at Slate.
The Supreme Court still has a large number of cases to decide before they wrap up this session. One of those decisions will be on Trump’s claim of absolute immunity from anything he did as “president.” Adam Liptak at The New York Times: Supreme Court’s Leisurely Pace Will Produce Pileup of Late June Rulings.
The Supreme Court has been moving at a sluggish pace in issuing decisions this term, entering the second half of June with more than 20 left to go. That is not terribly different from the last two terms, when the pace at which the court issued decisions started to slow….
There are two main theories for why the court has started moving slowly, and they reinforce each other. The first is that the proportion of blockbusters is high, in this term in particular. In the coming weeks, the justices will weigh in on criminal charges against former President Donald J. Trump, abortion, guns, social media, homelessness, the opioid crisis and the power of executive agencies.
Morning Kiss, by Raphael Vavasseur
Of the 23 remaining cases, perhaps a dozen of them have the potential to reshape significant parts of American society.
The second theory is that the justices are not getting along very well in the aftermath of the leak of the decision overturning Roe v. Wade in 2022, the decision itself, the drumbeat of ethics scandals, the announcement of an ethics code that seems toothless and the drop in public respect for the court.
The justices themselves, whose party line has long been that they are a collegial bunch, have let slip a darker view in public appearances.
Soon after the leak, Justice Clarence Thomas said it was “like kind of an infidelity.”
“Look where we are, where that trust or that belief is gone forever,” he said. “And when you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”
In her own remarks last month, Justice Sonia Sotomayor said the court’s direction has reduced her to tears.
“There are days that I’ve come to my office after an announcement of a case and closed my door and cried,” she said. “There have been those days. And there are likely to be more.”
On Friday, Justice Sotomayor announced a dissent in a case on a firearms law from the bench, a rare move that signals profound disagreement.
The court has said that it will not issue more decisions until Thursday. It will doubtless add days for decision announcements the last week of June, the court’s self-imposed deadline for finishing its work before the justices’ summer break. But it will be a challenge to issue all of the remaining decisions by then.
Maybe Thomas and Alito are getting too old to keep up? That’s another important reason why Biden just has to win in November. If Trump is elected, those two will step down and be replaced by even worse people, if that is possible.
Speaking of old people, Donald Trump turned 78 yesterday. Yes, President Biden is a few years older, but he kept up an amazing pace during his two recent trips to Europe. In fact, the Biden-Harris campaign Twitter account noted that in a speech in Palm Beach yesterday, “Trump attack[ed] President Biden for being too energetic: He flies back and forth and back and forth between countries.” Meanwhile, Trump has been playing golf more than campaigning.
Meanwhile, Trump met with a group of CEO’s on Thursday, and it did not go well for him. Christina Wilke and Brian Schwartz at CNBC:
Former President Donald Trump failed to impress everyone in a room full of top CEOs Thursday at the Business Roundtable’s quarterly meeting, multiple attendees told CNBC.
“Trump doesn’t know what he’s talking about,” said one CEO who was in the room, according to a person who heard the executive speaking. The CEO also said Trump did not explain how he planned to accomplish any of his policy proposals, that person said.
A girl with her cat, by Emile Vernon
Several CEOs “said that [Trump] was remarkably meandering, could not keep a straight thought [and] was all over the map,” CNBC’s Andrew Ross Sorkin reported Friday on CNBC’s “Squawk Box.”
Among the topics on which Trump offered scant details were how he would reduce taxes and cut back on business regulations, according to two other people in the room who spoke to CNBC….
The same CEOs who were struck by Trump’s lack of focus “walked into the meeting being Trump supporter-ish or thinking that they might be leaning that direction,” Sorkin reported.
“These were people who I think might have been actually predisposed to [Trump but] actually walked out of the room less predisposed” to him, Sorkin said….
Trump’s energy in the meeting was also noticeably subdued, according to two people who were in the room. At no time during his remarks was there any noticeable applause for Trump, two attendees told CNBC.
It’s difficult to understand why anyone is surprised by Trump’s idiocy at this point. I guess they must only watch Fox News and read the Wall Street Journal.
This week, the New York Post doctored a video to make President Biden look spaced out like Trump often is. William Vaillancourt at The Daily Beast: White House Rips ‘Desperate’ Murdoch Press Over Deceptive Biden Video.
A member of the White House communications team went after The New York Post on Thursday after it posted on social media a deceptively edited video of President Joe Biden at the G7 economic summit in Italy.
White House Senior Deputy Press Secretary Andrew Bates responded to a post by the publication on X that had the caption, “President Biden appeared to wander off at the G7 summit in Italy, with officials needing to pull him back to focus.”
“The Murdoch outlets are so desperate to distract from @POTUS’s record that they just lie,” Bates wrote….
The fake video showed Biden walking away from the other people to talk to some skydivers who had just landed nearby. The Post cut out the skydivers and show Biden appear to be walking away for no reason.
“Here, they use an artificially narrow frame to hide from viewers that he just saw a skydiving demonstration,” Bates continued. “He’s saying congratulations to one of the divers and giving a thumbs up.”
Bates included a wider version of the same clip which shows Biden walking over toward one of the skydivers, who could not be seen in the Post’s video.
The Post isn’t the only Murdoch-owned paper that the White House’s press team has criticized lately. In taking issue with a report in The Wall Street Journal claiming that Biden’s mental acuity was “slipping,” Bates called attention to how some Democrats in Congress said their quotes to the contrary were cut from the article.

A girl with a cat, by Pierre Bonnard
Disinformation is very serious problem in the presidential campaign, particularly because of Trump’s stochastic terrorism and his followers’ responses. Check out this story by Joseph Menn at The Washington Post: Stanford’s top disinformation research group collapses under pressure.
One more story, before I wrap this post up. Anthony Fauci has a tell-all book coming out, and Martin Pengally writes about it at The Daily Beast: Anthony Fauci: Volcanic Donald Trump Screamed F-Bombs, Then Said He Loved Me.
Donald Trump shouted foul-mouthed abuse at Anthony Fauci, then lurched into telling him he loved him—and claimed he would win the 2020 election in a “fucking landslide,” the top medical adviser reveals in his new memoir.
In the eagerly awaited book, Fauci describes conversations with Trump during the COVID-19 pandemic in which the then-president would “announce that he loved me and then scream at me on the phone.”
By Edouard Vuillard
“Let’s just say, I found this to be out of the ordinary,” Fauci writes, of conversations peppered with f-bombs, including the claim Fauci had cost the U.S. economy “one trillion fucking dollars.”
The book, On Call: A Doctor’s Journey in Public Service, will be published in the U.S. next week—as Trump and President Joe Biden’s rematch gathers pace. The Daily Beast obtained a copy.
On the page, Fauci describes interactions with Trump as the administration wrestled with the president’s opposition to public health measures including masking; Trump’s desire to reopen the country; his indulgence of advisers with dubious qualifications pushing untested treatments; his bizarre suggestion that bleach might kill the virus; and, ultimately, his own hospitalization with COVID….
In 2020, within weeks of the first COVID cases, Fauci became a Republican punching bag. Enemies saw him as an avatar of the medical establishment when he relentlessly urged COVID precautions, starting with social distancing, moving to lockdowns, then masking and vaccines.
He told Congress this month that he, his wife, and his adult daughter were the subjects of death threats. During the pandemic he received a full-scale security detail.
In his book, Fauci reports his last conversation with Trump, in which Trump said he would win re-election “by a fucking landslide” against Biden, whom he deemed “fucking stupid.”
Those are my offerings for today. I hope you find something of interest to you here.







A lower court ruling that prevented cities from criminalizing the conduct of people who are “involuntarily homeless” forced the U.S. Court of Appeals for the 9th Circuit to confront what it means to be homeless with no place to go and what shelter a city must provide, Gorsuch wrote. “Those unavoidable questions have plunged courts and cities across the Ninth Circuit into waves of litigation,” he wrote.












The essence of Trump’s claim — backed by, among others, former attorneys general Edwin Meese III and Michael Mukasey — is that Smith’s naming as special counsel violates the Constitution’s appointments clause. That provision requires that “Officers of the United States” be nominated by the president and confirmed by the Senate. But the appointments clause allows Congress to give the “Heads of Departments” — in this case the attorney general — authority to appoint “inferior officers.”
It also represented the farthest the Kremlin has gone in throwing its weight behind North Korea, after years of cooperating with the United States at the United Nations in curbing Pyongyang’s nuclear and missile program — a change that accelerated after Russia’s invasion of Ukraine.
Crystal Bloodworth, medical director for the shelter, said now that Cinder has been neutered, it will grow up appearing to be female. However, given its anatomy at birth, the shelter has opted to label the kitten as male.







Recent Comments