Wednesday Reads

Good Day!!

Boston Sunrise this morning, 12-27-2023

Boston Sunrise this morning, 12-27-2023

I’m going to try to be upbeat today, although I will still have to include Trump-related stories. I can’t handle the war news today, though.

I’ll begin with a post by Simon Rosenberg, who is a very optimistic political commentator. He was one of the few poll-watchers who predicted the Democratic sweep in the 2022 midterms.

According to Wikipedia, Rosenberg is “founder of New Democrat Network and the New Policy Institute, a liberal think tank and advocacy group based in Washington, D.C.” He publishes at his website, Hopium Chronicles. You may have seen him on MSNBC last night.

Rosenberg’s latest post is at MSNBC.com: Biden’s 2024 chances are much stronger than people realize.

As we head into 2024, the conventional wisdom is that Democrats are on the back foot for next year’s elections. But there are three reasons I am optimistic that 2024 is going to be a good year for Democrats:

First, PresidentJoe Biden has kept his central promise in the 2020 election: that he would lead the nation to the other side of Covid, successfully. The pandemic has receded. Our economic recovery has been better than any other G7 nation. GDP grew at an annual rate of 4.9% last quarter, and more than 3% for the Biden presidency. We have the best job market since the 1960s and the lowest uninsured rate in U.S. history. The Dow Jones broke 37,000 this month for the first time. Wage growth, new business formation and prime-age labor participation rates are all at historically elevated levels. Prices fell — yes, fell — last month. Rents are softening, and gas prices and crime rates are fallingDomestic oil and renewable production are at record levels. The annual deficit, which exploded under Trump, is trillions less today.

Consumer sentiment has risen sharply in recent weeks, and measures of life, job and income satisfaction are remarkably high. There is no doubt that recent years have been hard — Covid, an insurrection at the Capitol, the Russian invasion of Ukraine, repeated OPEC price hikes, global and domestic inflation — but it is increasingly clear that America is getting to the other side of this challenging period, and are in a far better place than when President Biden took office.

And the Democratic party is historically strong.

Second, the strength of the president’s record is only matched by the strength of his party. I don’t think it is widely understood how strong the Democratic Party is right now. The party has won more votes in seven of the past eight presidential elections, something no party has done in modern American history. Over the last four presidential elections, Democrats have averaged 51% of the popular vote, their best showing over four national elections since the 1930s.

In both 2022 and 2023, Democrats prevented the historical down ballot struggle of the party in power and had two remarkably successful elections. In the 2022 midterms, Democrats’ statewide margins were greater than the 2020 presidential margins in Arizona, Colorado, Georgia, Michigan, Minnesota, New Hampshire and Pennsylvania — all recent battleground states. That showing led the party to pick up a Senate seat, four state legislative chambers and two governorships, and helped keep the House of Representatives close, making it far more likely Republicans lose it in 2024.

Fog over Bostonn, 12-26

What was visible of fog-bound Boston from the air yesterday, 12-26-2023

This year, Democrats flipped a Supreme Court seat in Wisconsindefeated a six-week abortion ban in Ohiokept the Virginia state house, debunking the idea that Republicans could hide behind a 15-week abortion ban; and took state legislative seats, municipalities and school board seats across the country. Kentucky Gov. Andy Beshear, a Democrat, grew his margin of victory from 2019, and Republicans lost mayoral elections in Colorado Springs, Colorado, and Jacksonville, Florida, two of the largest GOP-controlled cities in the country. And in over three dozen state legislative special elections around the country, Democrats outperformed 2020– an election we won by 4.5 percentage points — by an average of 5 percentage points.

While in 2022, Republicans could point to gains in New York and California to offset their losses in the battleground states, there were no places in 2023 where they outperformed expectations. A blue wave washed across the U.S. in 2023, and this ongoing strong performance of the Democratic Party in election after election, in all parts of the country, should fill Biden’s supporters with confidence.

Finally, while Democrats keep winning, conventional wisdom continues to overly discount Trump’s historic baggage and MAGA’s repeated electoral failures. Despite these repeated failures, Republicans are on the cusp of nominating Trump again, who this time is an even more degraded and dangerous version of MAGA than he was in 2020.

I hope you’ll read the rest at the MSNBC link. It’s well worth your time.

Next, a couple of stories about House elections:

Sahil Kapur at NBC News: Democratic group makes a $5.9 million bet on flipping George Santos’ House seat.

The Democratic-aligned House Majority PAC is putting down $5.2 million in initial reservations for TV and digital ads to try to win the House special election to replace the expelled Rep. George Santos, R-N.Y., the group told NBC News.

The group said it will spend $3.7 million on TV and $1.5 million on digital platforms, along with $700,000 on mail ads, in the weeks ahead of the Feb. 13 contest in New York’s 3rd Congressional District. The election pits Democrat Tom Suozzi, a former congressman eying a comeback, against Republican nominee Mazi Melesa Pilip, a Nassau County legislator.

The competitive district, which includes parts of Long Island and Queens, voted for President Joe Biden in 2020 before it elected Santos in 2022. But his subsequently unearthed biographical fabrications and sweeping federal indictment prompted the House to expel him on Dec. 1. It is the type of district that will be heavily contested next November, and it could determine which party wins the chamber, which Republicans now narrowly control.

The contest “represents the first step to Democrats taking back the House in 2024,” House Majority PAC President Mike Smith said in response to written questions. “A resurgence in New York represents House Democrats’ best path to the majority.”

Make Way for Ducklings Christmas

The Make Way for Ducklings statues in Christmas attire.

Jake Swearingen at Business Insider: An avalanche of money is coming to kick Lauren Boebert out of Congress.

Lauren Boebert is facing a brutal and very expensive reelection fight in 2024.

Adam Frisch, the main Democratic challenger to the lightning-rod Republican congresswoman from Colorado’s 3rd District, has been raking in jaw-dropping amounts of campaign cash.

According to the Federal Election Commission, Frisch’s campaign has raised over $7.7 million so far, making him one of the top fundraisers in the 2024 House races. As spotted by the Time reporter Mini Racker, that’s enough to put him behind Republican Rep. Kevin McCarthy and the Democratic leader Hakeem Jeffries in total funds raised.

Frisch came close to unseating Boebert in 2022, falling short by just 546 votes in what was considered a safe Republican district. That electoral performance was before the litany of controversies that have made Boebert a tabloid favorite, including a scandal this summer when she was booted from a Denver theater after vaping and groping her date during a performance of “Beetlejuice.”

Boebert has raised $2.4 million for her campaign this cycle. The money gap becomes even starker when you compare totals for just the third quarter, July 1 to September 30, the latest reporting period available from the FEC: Frisch pulled in $3.4 million, while Boebert managed just $854,000.

There’s a chance Frisch’s fundraising may not even be used against Boebert. She’s facing a substantial primary challenge from the Republican attorney Jeff Hurd, who raised over $412,000 in the third quarter, though his campaign launched only in August.

In Trump-related stories:

Danny Hakim at The New York Times: A Fake Trump Elector in Michigan Told Prosecutors of Regret, Anger.

One of the Republicans in Michigan who acted as a fake elector for Donald J. Trump expressed deep regret about his participation, according to a recording of his interview with the state attorney general’s office that was obtained by The New York Times.

The elector, James Renner, is thus far the only Trump elector who has reached an agreement with the office of Michigan Attorney General Dana Nessel, which brought criminal charges in July against all 16 of the state’s fake Trump electors. In October, Ms. Nessel’s office dropped all charges against Mr. Renner after he agreed to cooperate.

Newbury Street on Chrismas

Newbury Street (a downtown shopping district) on Christmas

Mr. Renner, 77, was a late substitution to the roster of electors in December 2020 after two others dropped out. He told the attorney general’s office that he later realized, after reviewing testimony from the House investigation of the Jan. 6, 2021, attack on the Capitol, that he and other electors had acted improperly.

“I can’t overemphasize how once I read the information in the J6 transcripts how upset I was that the legitimate process had not been followed,” he said in the interview. “I felt that I had been walked into a situation that I shouldn’t have ever been involved in.”

Charges have now been brought against fake electors in three states — Georgia, Michigan and Nevada — and investigations are underway in other states, including Arizona and New Mexico. In Georgia, prosecutors in Fulton County, which includes Atlanta, have looked far beyond the electors themselves and charged Mr. Trump, the former president, and many of his key allies over their efforts to keep him in power despite his loss in 2020. Mr. Trump also faces charges over election interference from Jack Smith, the special counsel appointed by U.S. Attorney General Merrick Garland.

In Michigan, Ms. Nessel, a Democrat, has only charged the electors, but has said her investigation is still open. During their interview of Mr. Renner, her investigators asked about a number of other people involved, including Shawn Flynn, a lawyer who worked with the Trump campaign on the ground in Michigan, and Rudolph W. Giuliani, Mr. Trump’s former personal lawyer. (Mr. Giuliani is among those charged in Georgia; both he and Mr. Trump have pleaded not guilty.)

Jose Pagliery at The Daily Beast: Trump Is Testing the Bounds of Presidential Immunity—and Losing.

For years, Donald Trump has hid behind the presidential seal—a claim of immunity that he continues to make to this day to avoid legal jeopardy. But as Trump’s cases proceed, he’s increasingly finding that the protections he was afforded as president don’t exist for a former president.

In criminal and civil cases across the country this month, judges have issued critical opinions chipping away at Trump’s attempt to shield himself. Their rulings are leaving him exposed to potential prison time and massive financial penalties, potentially ruining his 2024 re-election campaign and destroying the billionaire’s famed wealth.

And the most definitive answer could be just weeks away.

Boston official christmas tree, 2023

Boston official Christmas tree, 2023

The legal maelstrom underway in the District of ColumbiaGeorgiaFloridaNew York and elsewhere will be settled at the Supreme Court, which earlier this month agreed to review the immunity issue raised in Department of Justice Special Counsel Jack Smith’s case against the former president for his efforts to overturn the 2020 election.

The question is seemingly simple: Can an American president commit crimes while in office without ever facing criminal charges?

“It’s kind of ridiculous,” said Paul Saputo, a Texas defense lawyer. “We’re not even going to have a 5-4 decision. I don’t think it’s going to be a close call. They realize that in order for them to really keep the country together, it’s got to be pretty unanimous.”

The growing consensus by legal scholars is that the Supreme Court will lean conservative—in the traditional American sense, not a political one—starkly setting limits on executive power that will leave Trump in the cold. And that’s despite the liberal public’s concerns that Trump will benefit from the current roster at the nation’s highest court, where a third of the nine justices were appointed by the man himself.

Read more at The Daily Beast.

A Guest essay at The New York Times, by Norman Eisen, Celinda Lake and A Trump Conviction Could Cost Him Enough Voters to Tip the Election.

Recent general-election polling has generally shown Donald Trump maintaining a slight lead over President Biden. Yet many of those polls also reveal an Achilles’ heel for Mr. Trump that has the potential to change the shape of the race.

It relates to Mr. Trump’s legal troubles: If he is criminally convicted by a jury of his peers, voters say they are likely to punish him for it.

A trial on criminal charges is not guaranteed, and if there is a trial, neither is a conviction. But if Mr. Trump is tried and convicted, a mountain of public opinion data suggests voters would turn away from the former president.

Still likely to be completed before Election Day remains the special counsel Jack Smith’s federal prosecution of Mr. Trump for allegedly scheming to overturn the 2020 election. That trial had been set to start on March 4, 2024, but that date has been put on hold, pending appellate review of the trial court’s rejection of Mr. Trump‘s presidential immunity. On Friday the Supreme Court declined Mr. Smith’s request for immediate review of the question, but the appeal is still headed to the high court on a rocket docket. That is because the U.S. Court of Appeals for the District of Columbia will hear oral argument on Jan. 9 and will probably issue a decision within days of that, setting up a prompt return to the Supreme Court. Moreover, with three other criminal cases also set for trial in 2024, it is entirely possible that Mr. Trump will have at least one criminal conviction before November 2024.

Jingle Bells

“Jingle Bells Composed Here”

The authors look at the polls:

The negative impact of conviction has emerged in polling as a consistent through line over the past six months nationally and in key states. We are not aware of a poll that offers evidence to the contrary. The swing in this data away from Mr. Trump varies — but in a close election, as 2024 promises to be, any movement can be decisive.

To be clear, we should always be cautious of polls this early in the race posing hypothetical questions, about conviction or anything else. Voters can know only what they think they will think about something that has yet to happen.

Yet we have seen the effect in several national surveys, like a recent Wall Street Journal poll. In a hypothetical matchup between Mr. Trump and Mr. Biden, Mr. Trump leads by four percentage points. But if Mr. Trump is convicted, there is a five-point swing, putting Mr. Biden ahead, 47 percent to 46 percent.

In another new poll by Yahoo News and YouGov, the swing is seven points. In a December New York Times/Siena College poll, almost a third of Republican primary voters believe that Mr. Trump shouldn’t be the party’s nominee if he is convicted even after winning the primary.

The damage to Mr. Trump is even more pronounced when we look at an important subgroup: swing-state voters. In recent CNN polls from Michigan and Georgia, Mr. Trump holds solid leads. The polls don’t report head-to-head numbers if Mr. Trump is convicted, but if he is, 46 percent of voters in Michigan and 47 percent in Georgia agree that he should be disqualified from the presidency.

Those are often places where a greater number of conflicted — and therefore persuadable — voters reside. An October Times/Siena poll shows that voters in the battleground states of Arizona, Georgia, Michigan, Nevada and Pennsylvania favored Mr. Trump, with Mr. Biden narrowly winning Wisconsin. But if Mr. Trump is convicted and sentenced, Mr. Biden would win each of these states, according to the poll. In fact, the poll found the race in these six states would seismically shift in the aggregate: a 14-point swing, with Mr. Biden winning by 10 rather than losing by four percentage points.

There’s more interesting number crunching at the NYT link.

I’ll end with one more positive story about a man in a desperate situation, rescued by good Samaritans. Fox News: Indiana man found by good Samaritans rescued from car wreck after 6 days trapped in vehicle: ‘A miracle.’

An Indiana man who crashed his truck and had been trapped inside it for nearly a week was found alive on Tuesday by two fishermen who happened to spot the wrecked vehicle.

The fishermen – Nivardo Delatorre and his father-in-law Mario Garcia – noticed the crashed truck under an overpass on Interstate 94 as they were walking along Salt Creek in Portage, Indiana, looking for fishing holes. They initially believed they had seen a dead person inside the vehicle until one of them touched the body and the man turned his head and spoke to them.

Christmas in Boston

Christmas in Boston

“I went to touch it, and he turned around,” Garcia said at a press conference. “And it almost killed me there because it was kind of shocking.”

“He was alive, and he was very happy to see us — I’ve never seen a relief like that,” he added. “He says that he tried yelling and screaming, but nobody would hear him. It just was quiet, just the sound of the water.”

The two good Samaritans called 911 and first responders rushed to the scene at about 3:45 p.m. Tuesday. The driver told the fisherman he had been stranded and paralyzed in place since Dec. 20.

The driver, identified as 27-year-old Matthew Reum, was heading westbound on Interstate 94 when his truck left the roadway for unknown reasons, Indiana State Police said in a news release.

The vehicle was driven into a ditch before making it into a creek and stopping under the bridge. Reum was pinned inside the vehicle and was unable to reach his cellphone to call for help.

The Portage Fire Department and Burns Harbor Fire Department were able to cut Reum from the vehicle using heavy machinery. He was then flown to a hospital in critical condition for treatment of severe, life-threatening injuries.

I hope he recovers.

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


Lazy Caturday Reads

Good Day!!

A Christmas Ball at Catville, by Louis WainIt’s a fairly quiet news day today, since we are fast approaching Christmas and the New Year. I’m just going to post a mixed bag of stories that caught my eye this morning.

Before we get into any bad news, here’s a cat story from ScienceAlert: NASA Has Beamed The First High-Def Video Across 19 Million Miles. Featuring a Cat.

NASA on Monday announced it had used a state-of-the-art laser communication system on a spaceship 19 million miles (31 million kilometers) away from Earth – to send a high-definition cat video.

The 15-second meow-vie featuring an orange tabby named Taters is the first to be streamed from deep space, and demonstrates it’s possible to transmit the higher-data-rate communications needed to support complex missions such as sending humans to Mars.

The video was beamed to Earth using a laser transceiver on the Psyche probe, which is journeying to the main asteroid belt between Mars and Jupiter to explore a mysterious metal-rich object. When it sent the video, the spaceship was 80 times the distance between the Earth and Moon.

The encoded near-infrared signal was received by the Hale Telescope at Caltech’s Palomar Observatory in San Diego County, and from there sent to NASA’s Jet Propulsion Laboratory (JPL) in Southern California.

“One of the goals is to demonstrate the ability to transmit broadband video across millions of miles. Nothing on Psyche generates video data, so we usually send packets of randomly generated test data,” said Bill Klipstein, the tech demo’s project manager at JPL.

“But to make this significant event more memorable, we decided to work with designers at JPL to create a fun video, which captures the essence of the demo as part of the Psyche mission.”

Space missions have traditionally relied on radio waves to send and receive data, but working with lasers can increase the data rate by 10 to 100 times….

The ultra-HD video took 101 seconds to send to Earth at the system’s maximum bit rate of 267 megabits per second – faster than most home broadband connections.

​”In fact, after receiving the video at Palomar, it was sent to JPL over the internet, and that connection was slower than the signal coming from deep space,” said Ryan Rogalin, the project’s receiver electronics lead at JPL.

The big news yesterday was that the Supreme Court rejected Jack Smith’s request that they immediately decide the question of whether Trump has complete immunity from prosecution for anything he did in office. 

Adam Liptak at The New York Times: Supreme Court Won’t Hear Case on Trump’s Immunity Defense for Now.

The Supreme Court declined on Friday to decide for now whether former President Donald J. Trump is immune from prosecution on charges of plotting to overturn the 2020 election.

The decision to defer consideration of a central issue in the case was a major practical victory for Mr. Trump, whose lawyers have consistently sought to delay criminal cases against him around the country.

It is unclear what the court’s order will mean for the timing of the trial, which is scheduled to start on March 4, though it makes postponement more likely. The case will now move forward in an appeals court, which has put it on a fast track, and most likely return to the Supreme Court in the coming weeks or months.

In denying review, the justices gave no reasons, which is typical, and there were no noted dissents.

Jack Smith, the special counsel prosecuting Mr. Trump, had asked the justices to move with extraordinary speed, bypassing the appeals court.

Any significant delays could plunge the trial into the heart of the 2024 campaign season or push it past the election, when Mr. Trump could order the charges be dropped if he wins the presidency.

A speedy decision by the justices was of the essence, Mr. Smith said in his petition seeking immediate Supreme Court review, because Mr. Trump’s appeal of a trial judge’s ruling rejecting his claim of immunity suspended the criminal trial.

Mr. Smith wrote that the case “presents a fundamental question at the heart of our democracy: whether a former president is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”

“The United States recognizes that this is an extraordinary request,” Mr. Smith added. “This is an extraordinary case.”

The appeals court has already put the cast on a fast track with argument beginning January 9. Trump celebrated the SCOTUS decision as a huge win, but legal experts beg to differ.

Yahoo.com: George Conway Throws Water on Notion of a Trump Victory From Supreme Court Decision: ‘Isn’t a Big Deal.’

Count George Conway among those who are less than impressed by the Supreme Court’s decision Friday to pass on an expedited request to decide whether Donald Trump is protected by immunity in the Jan. 6-related federal case against him….

christmas-kitty-cat-stella-sherman

Christmas Kitty Cat, by Stella Sherman

“I think today’s order is not a big deal,” Conway told MSNBC’s Chris Hayes in an interview you can watch above. “I see a lot of people with their hair on fire. They can just douse their hair in water, because this isn’t a big deal. I don’t think it’s going to affect the trial date that much. Worst case is, the trial gets pushed to the summer.

“The reason is, I think this order shows the weakness of Trump’s immunity case,” Conway added. “And I think the court realizes it’s got the D.C. Circuit that’s going to hear arguments January 9th. It’s not a hard case. I think they’re going to move very quickly. If I was the presiding judge on the panel I’d already be writing the opinion. And once they rule, they can lift the stay, they can issue a mandate and lift the stay, which means, then you’re going to have Donald Trump saying ‘Oh, we need expedition, we need expedition.’”

Conway went on to repeat he thinks the timeline for a trial will be April, May or June and that “Donald Trump is not going to be able to stop it.”

“And the Supreme Court could grant that and hear it in May, hear it in June, and you could still have a summer trial,” Conway continued, regarding a possible post-conviction appeal. “Or better yet they could deny it because he’s already had his argument at a court of appeals before a very distinguished panel. Donald Trump should be frankly treated like every other criminal who’s been convicted in a federal district court and be forced to litigate his arguments after his conviction.”

Joyce Vance also weighed in on her Substack, Civil Discourse: Let’s Debunk This.

This afternoon, the Supreme Court declined Jack Smith’s request to hear Trump’s appeal on presidential immunity, bypassing the court of appeals. Trump’s immunity motion is important because if he wins, it’s game over. The entire indictment would get dismissed if he were immune from prosecution. And while my assessment is in line with Judge Chutkan’s—she denied Trump’s motion—we don’t know for certain what the Supreme Court will do.

Logically, Trump’s motion lacks merit.

  • To grant it, the Court would have to hold that presidents are above the law. All presidents, not just Trump. Anything they do while they’re president is protected. We’ve seen that same argument rejected repeatedly in a civil context: E. Jean Carroll’s case and the civil suit over January 6 in Washington, D.C., for instance. There’s no analytical reason to believe criminal conduct is any more deserving of protection than civil violations are, once a president is out of office.

  • Trump claims that even absent total immunity for presidential conduct, the conduct he’s been charged with falls within the “outer perimeter” of a president’s duties, so he’s entitled to immunity. To credit that, the courts would have to believe that the steps Trump took to interfere with multiple states’ votes, elections a president has no role in, are somehow a part of his job. Elections are run by secretaries of state and county officials. The president has no say in the final vote count and no duties, core or outer perimeter, to interfere in those counts or the final report of the Electoral College.

  • If the Supreme Court granted Trump’s motion, what would prevent Joe Biden or any future president from doing precisely what Trump did in 2020, but with more skill—and succeeding? Nothing. The Supreme Court would have ruled they could do no wrong. And that’s why the Supreme Court has to deny Trump’s motion to dismiss the charges, unless it wants to end democracy by giving a license to the next president to do whatever it takes to stay in power.

Vance goes on to destroy Trump’s claims that this was huge victory for him. Read the details at the link.

A few more Trump stories:

Josh Fiallo at The Daily Beast: Trump Blames His Own Ignorance for Hitleresque Rhetoric.

Donald Trump claimed Friday that his recent comments about immigrants “poisoning the blood” of the U.S. weren’t inspired by similar statements made by Adolf Hitler about Jewish people, saying he’s merely ignorant to the specifics of Hitler’s hateful rhetoric.

To drive home his point, Trump insisted in an interview with the conservative radio host Hugh Hewitt that he really doesn’t “know anything about Hitler.”

christmas-cat-daniel-rodgers

Christmas Cat, by Daniel Rodgers

“I’m not a student of Hitler,” Trump said, defending his comments. “I never read his works. They say that he said something about blood, he didn’t say it the way I said it either, by the way, it’s a very different kind of a statement.”

When Hewitt pressed Trump about his rhetoric, Trump insisted again that immigrants are poisoning the blood of Americans.

“They’re coming from mental institutions and insane asylums,” Trump said of immigrants. “They’re terrorists, absolutely, that’s poisoning our country, that’s poisoning the blood of our country.”

Later in that rant, after complaining about immigrant children going to U.S. schools without having learned English already, Trump said again, “We are poisoning our country; we’re poisoning the blood of our country.”

Hewitt informed Trump that Hitler wrote in Mein Kampf that German blood was being poisoned by Jews, and suggested that his comments didn’t sound all that different from the Nazi leader.

Trump said he didn’t mean any racist sentiment with his “poisoning the blood” comments, and insisted he’s “doing incredibly” with Black and Hispanic voters.

As I have noted previously, Trump doesn’t need to read or study Hitler. He has Stephen Miller to write his speeches, which he then reads on a teleprompter.

This is pretty funny, from Amy B. Wang and Isaac Arnsdorf at The Washington Post: Trump claims he peacefully surrendered power, ignoring Jan. 6 attack.

Former president Donald Trump claimed Friday that he peacefully surrendered power at the end of his term in office, despite having urged a crowd of his supporters to converge on the U.S. Capitol, where some staged a deadly attack that interrupted Congress’s certification of Joe Biden’s election on Jan. 6, 2021.

Trump’s comments came during an interview with conservative syndicated radio host Hugh Hewitt in which the former president was asked for reassurance that he would not be a dictator if he returned to the White House and whether he would peacefully surrender power at the end of his second term.

“Of course — and I did that this time,” Trump said, before repeating his false claims that the 2020 presidential election was rigged. “But I did. I did it anyway.”

Trump’s response omits the fact that he urged his supporters to converge on the U.S. Capitol on Jan. 6, 2021, while Congress was certifying Biden’s electoral win. Many in the pro-Trump mob that overran the Capitol that day had chanted “Hang Mike Pence!” in the misguided belief — pushed by Trump — that the then-Vice President Pence could have stopped Congress from certifying Biden’s victory.

In video of the Jan. 6 attack, law enforcement officers outside the Capitol were shown being harassed, beaten and sprayed with noxious liquids by members of the mob. In one video from the attack, a rioter can be seen bashing a fallen police officer with a pole flying the American flag. The unprecedented attack left five people dead, including a police officer and a woman shot by police. Two other officers who were on duty that day later died by suicide, and more than 100 officers were injured.

Trump and his supporters have consistently downplayed the severity of the Jan. 6 attack, but the former president’s insistence that he engaged in a peaceful transfer of power in 2021 has sparked new alarm in light of his recent authoritarian rhetoric.

Christmas Cat by Daniella Vasileva

Christmas Cat by Daniella Vasileva

And from Kierra Frazier at Politico: Trump vows a peaceful transfer of power if reelected. [This story is also based on the Hugh Hewitt interview.]

If reelected president in 2024, Donald Trump vowed Friday that he would turn over power peacefully to the next president after him….

Trump has been indicted for his role in trying to overturn the results of that contest, and he repeated his false claims on Friday that the last election was rigged.

“Of course,” Trump responded to Hewitt when asked if he would hand over power peacefully if reelected. “And I did that this time. And I’ll tell you what. The election was rigged, and we have plenty of evidence of it. But I did it anyway.”

I think the more important question is whether he will step aside peacefully if he loses the 2024 election, and I’m absolutely certain that he wouldn’t.

More stories you might find interesting:

Raw Story: A neuroscientist’s guide to surviving Christmas with Trump-loving relatives.

As the holiday season approaches, family gatherings are set to transform homes into microcosms of the national political landscape. In these reunions, conversations can quickly turn from benign banter about sports to the divisive topic of politics. With an election cycle upon us the name “Trump” can be as contentious as it is inescapable, turning a festive gathering of lights and eggnog into an ideological battleground.

This is the challenge many of us face this Christmas: How do we, armed with our morals and convictions, navigate the treacherous terrain of political discourse with those we love — without the feast turning into a fracas?

If you are a lone liberal leaf in a staunchly conservative family tree, you may be dreading the holiday. If you are not alone, and the family is more-or-less divided on political topics, it can be even worse — all holy hell can break loose. It is not an exaggeration to say that families can be — and sometimes are — torn apart in the highly polarized political climate we find ourselves in.

The solution to this problem lies in developing strategies based on an understanding of neuroscience and psychology that can calm the storm within, ensuring that our physiological responses do not commandeer our interactions.

But what if I told you that an understanding of the relevant concepts holds the key to not just surviving these encounters, but potentially bridging family divides? The goal isn’t to convert but to converse, and to plant seeds of thought that might, in time, bear fruit.

Let this article serve as a guide to navigating political discussions with grace and the subtle powers of persuasion.

The first thing we need to know is that two distinct yet interdependent cognitive systems govern our decision-making processes.

If any of this applies to you, read all the details at Raw Story. I’m fortunate that I don’t know and Trump supporters.

Carolyn Kee at Yahoo News: A new COVID variant is dominant in the US: Know these symptoms.

As holiday travel peaks in the United States, a heavily mutated new COVID-19 variant called JN.1 is spreading rapidly and fueling an increasing number of infections. The highly contagious omicron subvariant is now the dominant strain nationwide and accounts for nearly half of all cases.

JN.1 is currently the fastest-growing variant in the country, according to the U.S. Centers for Disease Control and Prevention.

Christmas Cats, by Kim HaskinsDuring a two-week period ending on Dec. 23, JN.1 made up an estimated 44% of cases in the U.S., per the CDC’s latest data. After JN.1, the next most common strain was the HV.1 subvariant, which accounted for about 22% of cases nationwide. At the end of November, JN.1 only made up about 8% of cases.

Respiratory virus season has yet to peak in the U.S., which means COVID-19 cases are expected to rise in the coming weeks.

JN.1 is also gaining speed in many other countries. Earlier this week, the World Health Organization classified JN.1 as a “variant of interest” due to its “rapidly increasing spread” globally.

Scientists around the world are closely monitoring JN.1, which has sparked some concern due to its rapid growth rate and large number of mutations. However, the new variant is closely related to a strain we’ve seen before. It’s a direct offshoot of BA.2.86, aka “Pirola,” which has been spreading in the U.S. since the summer.

JN.1 has one extra mutation compared to BA.2.86, which has more than 30 mutations that set it apart from the omicron XBB.1.5 variant. XBB.1.5 was the dominant strain for most of 2023 and it’s the variant targeted in the updated COVID-19 vaccines, TODAY.com previously reported.

All of the most prevalent COVID-19 variants in the U.S. right now are descendants of omicron, which began circulating in late 2021.

Milwaukee Journal Sentinel: Wisconsin Supreme Court rules legislative maps unconstitutional, orders new boundaries for 2024 vote.

MADISON – The Wisconsin Supreme Court on Friday ordered the Republican-controlled state Legislature to draw new legislative boundaries ahead of the 2024 election, arguing their GOP advantage is unconstitutional — delivering a long-sought win for Democrats who have stayed deep in the Legislature’s minority for more than a decade.

The court in a 4-3 decision said the court is also prepared to replace the state’s heavily gerrymandered maps if the Legislature and Democratic governor cannot agree on a new plan.

“Wisconsin is a purple state, and I look forward to submitting maps to the Court to consider and review that reflect and represent the makeup of our state,” Gov. Tony Evers said in a statement.Law Forward, a Madison-based liberal-leaning law firm focused on voting issues, brought the legal challenge straight to the Supreme Court in August — bypassing lower courts in an expedited effort to put new maps in place before the fall.

The court ordered lawmakers to have new maps adopted for the August legislative primary. Wisconsin Elections Commission officials have said new maps must be in place by March 15.

The ruling forces half of the state Senate and the full Assembly to run in new legislative districts. Republicans currently hold 64 of 99 seats in the state Assembly and a supermajority in the state Senate, with 22 of 33 seats.

The ruling delivers a political landmine ahead of the 2024 presidential cycle that will all but certainly focus on the battleground state of Wisconsin. It’s the latest chink in Republican power since GOP dominance in Wisconsin state government began diminishing in 2016, when Donald Trump became president.

Since then, Republicans have lost the governor’s office and control of the state Supreme Court.

Read more at the link.

Cats in Christmas Hats, Ruth Sanderson

Cats in Christmas Hats, Ruth Sanderson

Finally, from Nicole Narea at Vox: The US may be flouting its own laws by sending unrestricted aid to Israel.

The recent high-profile killings of three Israeli hostagestwo women in a Gaza church, and 11 unarmed Palestinian men in front of their family members have raised new global alarm at Israel’s targeting of civilians amid its war in Gaza. The deaths came as part of its ground assault, and as it continues a bombing campaign that even staunch Israel ally President Joe Biden has called “indiscriminate.” Yet, he continues to push for additional, essentially unconditional aid to Israel — despite the fact that some foreign affairs experts say existing US laws meant to safeguard human rights should have long restricted the flow of such assistance.

“We always treat Israel with kid gloves when it comes to potential human rights violations of any kind,” said Josh Paul, who has become a prominent critic of the Biden administration’s Israel policy since resigning from his post as the director of congressional and public affairs at the State Department bureau overseeing American arms sales over concerns about the Israeli response to the October 7 attack by Hamas, a Palestinian militant group designated as a terrorist organization by many countries. “When it comes to suspending or curtailing lethal military assistance, there’s no sign of anyone willing to take any actual steps.”

The US provides more aid to Israel than to any other country, about $3.8 billion annually in recognition of the two states’ “special relationship” that dates back decades. Now, Biden wants Congress to approve an additional $14.3 billion in aid to Israel as part of a broader package that also includes aid for Ukraine and that has been held up over immigration policy negotiations. He also recently circumvented Congress to sell Israel $106 million worth of tank ammunition.

Biden administration officials told CNN that they are not currently considering placing conditions on aid beyond those that already exist in federal law, saying that the US expects Israel to abide by international humanitarian law and that the Israel Defense Forces conducts internal legal reviews of its strikes beforehand.

“We’re not going to do a damn thing other than protect Israel in the process. Not a single thing,” Biden recently told Democratic donors.

Read the rest at Vox.

Best wishes for a peaceful and relaxing long weekend, regardless of whether or not you are celebrating a religious holiday.


Wednesday Reads

Good Morning!!

Foggy Landscape, by Raul Cantu

Foggy Landscape, by Raul Cantu

Pretty soon the U.S. Supreme Court is going to have to get involved in the Trump mess. That became even more likely after the we got big news out of Colorado. The state’s supreme court has banned Trump from the 2024 ballot.

The Washington Post: Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court.

In a historic decision Tuesday, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining that he had engaged in insurrection on Jan. 6, 2021.

The 4-to-3 decision marked the first time a court has ruled to keep a presidential candidate off the ballot under an 1868 provision of the Constitution that bars insurrectionists from holding office. The ruling comes as courts in other states consider similar cases. All seven justices on the Colorado Supreme Court were initially appointed by Democratic governors.

If other states reach the same conclusion, Trump would have a difficult — if not impossible — time securing the Republican nomination and winning in November.

The decision is certain to be appealed to the U.S. Supreme Court, but it will be up to the justices to decide whether to take the case. Scholars have said only the nation’s high court can settle for all states whether the Jan. 6 attack on the U.S. Capitol constituted an insurrection and whether Trump is banned from running.

“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the decision reads. “Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”

The U.S. Supreme Court justices separately are weighing a request from special counsel Jack Smith to expedite consideration of Trump’s immunity claim in one of his criminal cases — his federal indictment in Washington on charges of illegally trying to obstruct Joe Biden’s 2020 election victory. Trump has denied wrongdoing.

The Colorado Supreme Court’s majority determined that the trial judge was allowed to consider Congress’s investigation of the Jan. 6, 2021, attack on the U.S. Capitol, which contributed to the determination that Trump engaged in insurrection.

“We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection,” the majority wrote.

Frosty Morning, by Ottis Adams

Frosty Morning, by Ottis Adams

From Talking Points Morning Memo by David Kurtz: Like It Or Not, The Roberts Court Is About To Be Confronted With The Trump Problem.

The decision by the Colorado Supreme Court to remove Donald Trump from the GOP primary ballot has cast us deeper into uncharted waters.

I had a vague notion even into adulthood that the constitutional order in America was challenged every 50 years or so in ways that stress-tested the system. By that measure, I regret to inform you that we live in extraordinary times.

Since 1998, some of the markers – by the numbers:

  • 3 going on 4 presidential impeachments;
  • 2 winning presidential candidates losing the popular vote;
  • 1 going on 2 presidential elections decided by the Supreme Court;
  • 1 attempted coup; and
  • 4 criminal prosecutions of an ex-president.

While it’s not just Donald Trump, you can see his outsize impact on those numbers.

I’m not of the view that testing constitutional limits is somehow dangerous or ill-advised. We should thoroughly ventilate the 14th Amendment’s Disqualification Clause, as is being done now. It’s been a mistake, in my view, to spend decades circling around but never quite confronting the true extent of executive privilege. In the half century since Watergate, we shouldn’t have operated under the untested specter of a Justice Department opinion that sitting presidents can’t be criminally charged.

So I don’t think there’s anything inherently ill-advised about treating the Constitution as a robust mechanism to be used, tested, amended, and reinvigorated. Not every brush with a constitutional question is a constitutional crisis. (To clear up any possible confusion, I’m talking here about the constitutional structure itself, not the scope of individual rights protected by the Constitution, whose developments have their own history and evolution under the law.)

The next few months are going to see a series of new tests.

Read more, with suggestions for further reading at the TPM link.

More commentary from Rick Hasen at the Election Law Blog: Will the U.S. Supreme Court Keep Donald Trump Off the Ballot ? Some Initial Thoughts.

I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court’s determination that Donald Trump is ineligible to serve as president under Section 3 of the 14th amendment for encouraging insurrection.

Anatoly Deverin

By Anatoly Deverin

My bottom line is that the Colorado opinion is a serious and careful opinion that reaches a reasonable conclusion that Trump is disqualified. Nonetheless the opinion reaches many novel legal issues that the U.S. Supreme Court could decide the other way should that court reach the merits. (The three dissenters on the Colorado court did not really reach the merits.) Trump would need to prevail on only one of these legal issues to win on any appeal, so in some ways the legal odds are with him.

It is far from clear that the U.S. Supreme Court will reach the merits—there are many legal doctrines like ripeness and mootness that would give the Court a way to avoid deciding the issues in the case. But it is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible. Voters need to know if the candidate they are supporting for President is eligible. And if we don’t get a final judicial  resolution before January 6, 2025 a Democratic-majority Congress could decide Trump is disqualified even if he appears to win the electoral college vote. That would be tremendously destabilizing. 

In the end the legal issues are close but the political ramifications of disqualification would be enormous. Once again the Supreme Court is being thrust into the center of a U.S. presidential election. But unlike in 2000 the general political instability in the United States makes the situation now much more precarious.

The media has finally begun talking about Trump’s fascist tendencies and actually comparing him to Hitler. Calder McHugh writes at Politico Magazine: ‘Trump Knows What He’s Doing’: The Creator of Godwin’s Law Says the Hitler Comparison Is Apt.

Any time people start fighting on the internet, someone will inevitably reach for the Hitler comparison. It’s a virtually unbreakable rule known as “Godwin’s law,” named after Mike Godwin, an early internet enthusiast who coined it back in 1990. It’s also understood that often the party mentioning Hitler or the Nazis is losing the argument, though that’s not part of the law itself.

Godwin’s law was invoked this weekend when President Joe Biden’s campaign said former President Donald Trump had “parroted Adolf Hitler” when he accused undocumented immigrants of “poisoning the blood of our country.”

But according to Godwin himself, that doesn’t mean Biden is losing the argument.

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

“Trump’s opening himself up to the Hitler comparison,” Godwin said in an interview. And in his view, Trump is actively seeking to evoke the parallel.

Trump made almost identical comments in an interview with the far-right website The National Pulse in November, around the same time Trump also called his political opponents “vermin” — all rhetoric that Hitler used to disparage Jews.

“You could say the ‘vermin’ remark or the ‘poisoning the blood’ remark, maybe one of them would be a coincidence,” Godwin said. “But both of them pretty much make it clear that there’s something thematic going on, and I can’t believe it’s accidental.”

Comparisons to Hitler and the Nazis happen all the time, particularly in online discourse, but they’re often dismissed as ridiculous or clumsy. When public figures or their staff mention the H-word, it can provoke derision. But the Biden campaign has made a deadly serious statement, and a political wager that the public won’t dismiss the charge as hyperbole.

Read an interview with Godwin at the Politico link.

At The New York Times, Michael Gold writes: Trump, Attacked for Echoing Hitler, Says He Never Read ‘Mein Kampf.’

Former President Donald J. Trump on Tuesday doubled down on his widely condemned comment that undocumented immigrants are “poisoning the blood of our country,” rebuffing criticism that the language echoed Adolf Hitler by insisting that he had never read the Nazi dictator’s autobiographical manifesto.

Mr. Trump did not repeat the exact phrase, which has drawn criticism since he first uttered it in an interview with a right-leaning website and then repeated it at a rally in New Hampshire on Saturday.

But he said on Tuesday night in a speech in Iowa that undocumented immigrants from Africa, Asia and South America were “destroying the blood of our country,” before alluding to his previous comments.

“That’s what they’re doing. They’re destroying our country,” Mr. Trump continued. “They don’t like it when I said that. And I never read ‘Mein Kampf.’ They said, ‘Oh, Hitler said that.’”

He added that Hitler said it “in a much different way,” without making his meaning clear.

Undocumented immigrants, he added, “could be healthy. They could be very unhealthy. They could bring in disease that’s going to catch on in our country.” And he again said that they were “destroying the blood of our country” and “destroying the fabric of our country.”

Mr. Trump and his campaign have dismissed the comparisons between his remark and language used by Hitler using the words “poison” and “blood” to denigrate those who Hitler deemed a threat to the purity of the Aryan race.

In one chapter of “Mein Kampf” named “Race and People,” Hitler wrote, “All the great civilizations of the past became decadent because the originally creative race died out, as a result of contamination of the blood.” In another passage, he links “the poison which has invaded the national body” to an “influx of foreign blood.”

I believe that Trump has never read “Mein Kampf,” because he doesn’t read anything; but I have no doubt that Steven Miller–who writes Trump’s speeches–has read it. Trump was reading these Hitler-like words from his teleprompter.

Winter in the forest, Isaac Levitan 1885

Winter in the forest, Isaac Levitan 1885

Speaking of media troubles, NPR’s David Folkenflik has a troubling scoop about the next boss of The Washington Post: New ‘Washington Post’ CEO accused of Murdoch tabloid hacking cover-up.

When Washington Post owner Jeff Bezos wanted an assured hand to right the newspaper’s shaky finances, he turned to Will Lewis, a 54-year-old former editor of The Daily Telegraph and former publisher of The Wall Street Journal, whom he called “exceptional, tenacious.” Lewis will start as the Post‘s publisher and CEO in early January.

A dozen years ago, media magnate Rupert Murdoch also turned to Lewis when he wanted to find someone to rectify the hacking and bribery scandals engulfing his British Sunday tabloid, News of the World.

Lewis’ publicly stated charge was to root out newsroom corruption, cooperate with police and help settle claims from people targeted by the company’s journalists for voicemail and email hacking. The Guardian called him “News Corp’s clean-up campaigner.”

A very different picture of Lewis emerges from material presented in London courtrooms in recent months and reviewed by NPR. The man picked to lead the Post — a paper with the slogan “Democracy Dies in Darkness”  stands accused of helping to lead a massive cover-up of criminal activity when he was acting outside public view.

In lawsuits against News Corp.’s British newspapers, lawyers for Prince Harry and movie star Hugh Grant depict Lewis as a leader of a frenzied conspiracy to kneecap public officials hostile to a multibillion-dollar business deal and to delete millions of potentially damning emails. In addition, they allege, Lewis sought to shield the CEO of News Corp.’s British arm, News UK, from scrutiny and to conceal the extent of wrongdoing at News of the World‘s more profitable sister tabloid, The Sun.

In sum, the Duke of Sussex and Grant argue that Lewis was a linchpin of efforts to limit the fallout during a key period between late 2010 and 2012.

These concerns about Lewis’ actions have been percolating for years.

Through a spokesperson, Lewis declined to comment to NPR for this story. He previously denied the broad outlines of these accusations, saying they are utterly unfounded. Lewis has not personally been sued as part of any of this current litigation, which offers greater specificity and sweep to the allegations.

Read all the details at the NPR link.

It’s all over for Ron DeSantis; even he must realize that by now. Jake Lahut writes at The Daily Beast: How Ron DeSantis’ $100 Million ‘Death Star’ Collapsed.

Long before Ron DeSantis’ presidential ambitions began to falter, it was clear to anyone paying close attention that there were fatal flaws in his much-hyped political operation.

“I had to have it explained to me the first time DeSantis came here for a parade,” an early DeSantis supporter in New Hampshire recalled to The Daily Beast. “I was gonna show up for the parade and I was informed, ‘This is a Never Back Down event, so you can’t mention anything about the campaign.’ And I was like, what the hell is this?”

This, the New Hampshire presidential campaign veteran would come to learn, was how the DeSantis campaign thought they’d cracked the code to beat former President Donald Trump.

Never Back Down was launched as a super PAC—loaded up with $80 million transferred from DeSantis’ state-level PAC in Florida—designed to carry him to the presidency through sheer force. The prospect of a talent-stocked PAC spending historic sums on organizing and campaign messaging was initially so fearsome that some Republicans dubbed Never Back Down the “Death Star.”

As the New Hampshire source’s befuddlement at the parade showed, however, Never Back Down’s ambitious vision was destined to collide with the strict federal rules barring campaigns and super PACs from cooperating on strategy or even communicating at all.

But few in Republican politics expected just how spectacularly this vaunted Death Star would ultimately implode.

“This will go down as maybe the worst-orchestrated effort in modern presidential history,” said a person familiar with Never Back Down’s operations.

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

After months spent out of sync with the campaign, a number of officials with Never Back Down have either resigned or been fired; top PAC strategists have cursed at each other and nearly come to blows in private meetings; and a new breakaway PAC has formed.

Most troubling of all, DeSantis might be sliding backward in his quest for the presidency despite the staggering sum of nearly $100 million that his PAC has spent to support him.

With DeSantis struggling to maintain even second place as the Iowa and New Hampshire contests near, the governor’s sympathizers are fully considering the consequences of his team’s big bet that they could outsource a huge primary victory to a super PAC.

“It is gonna cost us the election,” the DeSantis supporter, who later switched allegiance to a rival non-Trump campaign, recalled thinking to themselves several months ago, now describing the decision to outsource so many critical functions to Never Back Down as “a huge, huge mistake, and we could not afford one on this.”

“We’ll never win another election if we don’t stop PACs trying to become the campaign,” the former DeSantis supporter said.

Read more details at The Daily Beast.

Three more interesting stories, before I wrap this up:

ABC News: Federal judge orders documents naming Jeffrey Epstein’s associates to be unsealed.

A federal judge in New York has ordered a vast unsealing of court documents in early 2024 that will make public the names of scores of Jeffrey Epstein’s associates.

The documents are part of a settled civil lawsuit alleging Epstein’s one-time paramour Ghislaine Maxwell facilitated the sexual abuse of Virginia Giuffre. Terms of the 2017 settlement were not disclosed.

Maxwell is currently serving a 20-year prison sentence after she was convicted of sex trafficking and procuring girls for Epstein, who died by suicide in 2019 in a Manhattan jail while awaiting trial on federal sex trafficking charges.

Anyone who did not successfully fight to keep their name out of the civil case could see their name become public — including Epstein’s victims, co-conspirators and innocent associates.

Judge Loretta Preska set the release for Jan. 1, giving anyone who objects to their documents becoming public time to object. Her ruling, though, said that since some of the individuals have given media interviews their names should not stay private.

The documents may not make clear why a certain individual became associated with Giuffre’s lawsuit, but more than 150 people are expected to be identified in hundreds of files that may expose more about Epstein’s sex trafficking of women and girls in New York, New Mexico, the U.S. Virgin Islands and elsewhere. Some of the names may simply have been included in depositions, email or legal documents.

Some of the people have already been publicly associated with Epstein. For instance, Harvard law professor Alan Dershowitz is publicly named in the judge’s order. Certain minor victims will remain redacted.

The New York Times: Giuliani’s Money Woes Were a Focus of Ukraine Inquiry, Records Reveal.

Before Rudolph W. Giuliani was ordered to pay $148 million to two Georgia election workers he defamed, and before he owed his own lawyers several million dollars more, federal prosecutors were scrutinizing whether he pursued dubious business dealings in Ukraine to shore up his dwindling fortune, according to court records unsealed late Tuesday.

The documents lifted the veil on a criminal investigation that federal prosecutors spent three years conducting into the dealings of Mr. Giuliani, the former New York mayor who had reinvented himself as Donald J. Trump’s personal lawyer and attack dog.

Apple Grove Moon, Peter Skulthorpe

Apple Grove Moon, Peter Skulthorpe

The investigation, which did not result in charges for Mr. Giuliani, centered on whether he illegally lobbied the Trump administration in 2019 on behalf of Ukrainian officials. Those same Ukrainians helped Mr. Giuliani dig for dirt on Joseph R. Biden Jr., who was then on his way to becoming the Democratic presidential nominee and who would ultimately defeat Mr. Trump in 2020.

The prosecutors had assembled enough evidence to persuade a judge in April 2021 to authorize the seizure of Mr. Giuliani’s phones and computers, an extraordinary step to take against any lawyer, let alone one who had represented a sitting president. And for a time, it appeared as if the prosecutors, working in the same Manhattan U.S. attorney’s office that Mr. Giuliani had presided over decades earlier, might seek to indict him.

But when they failed to find a smoking gun in Mr. Giuliani’s electronic records, the prosecutors notified the judge overseeing the matter that they had ended the long-running investigation.

A spokesman for Mr. Giuliani did not immediately respond to a request for comment late Tuesday.

The judge, J. Paul Oetken, recently ordered the prosecutors to release the search warrant materials in response to a request from The New York Times. Mr. Giuliani consented to the newspaper’s request, as did the government, with certain redactions to protect privacy interests.

While much of the evidence that underpinned the search warrant had already come to light in the media and through Mr. Trump’s first impeachment proceedings in late 2019,the search warrant materials represent the government’s most comprehensive catalog yet of Mr. Giuliani’s ties to Ukraine.

And for the first time, the records explicitly linked Mr. Giuliani’s recent financial troubles to his dealings in Ukraine, suggesting that he did not just want Ukrainian officials’ help in attacking Mr. Biden but also their money.

Spencer S. Hsu at The Washington Post: Judge again turns over Rep. Perry’s phone records to DOJ Jan. 6 probe.

A federal judge on Tuesday granted the Justice Department access to nearly 1,700 records recovered from the cellphone of Rep. Scott Perry (R-Pa.) in a long-running legal battle in the criminal investigation of former president Donald Trump’s efforts to overturn the 2020 presidential election.

Chief U.S. District Judge James E. Boasberg of D.C. gave investigators access to 1,659 records and withheld 396 others after a federal appeals court directed him to individually review 2,055 communications from Perry’s phone to decide which were protected by the Constitution’s “speech or debate” clause, which grants members of Congress immunity from criminal investigation when acting in their official capacities.

The FBI seized Perry’s phone in August 2022 under a court order seeking to understand Perry’s involvement in the machinations that were the subject of Trump’s criminal indictment this August for allegedly plotting to prevent President Biden from taking office.

An outline of the contents of Perry’s sensitive discussions with Trump’s legal advisers, aides and others spilled into public view in a quickly withdrawn court filing last month, revealing details of efforts to gain access to secret intelligence about the election, to replace the attorney general with former Justice Department official Jeffrey Clark and to reverse the department’s finding that Biden had been elected fairly. The filing also described Perry’s discussions with Pennsylvania state officials who supported Trump’s fraud allegations, with private individuals claiming expertise in cybersecurity and with attorneys for Trump’s campaign.

Tuesday’s order will determine which messages investigators with special counsel Jack Smith can actually use as potential evidence in any case, pending an expected renewed appeal by Perry, part of legal fight that has tied up the records for more than a year.

Read more at the WaPo.

That’s it for me today. What are your thoughts? What stories are you following?


Lazy Caturday Reads With Weird Medieval Cats

ugly-cat9Good Morning!!

Two hundred and fifty years ago today, a bunch of protesters in Boston staged a demonstration in our country’s a long fight for democracy. From WCVB Boston: ‘Grand-scale’ reenactment planned for 250th anniversary of Boston Tea Party.

The 250th anniversary of the Boston Tea Party, a pivotal event on the road to the American Revolution, will be marked with a series of events in the city on Saturday, culminating in a reenactment of the destruction of the tea.

On Dec. 16, 2023, the Sons of Liberty stormed aboard the brig Beaver and ship Eleanor to destroy wooden chests of East India Company tea. They dumped more than 300 crates of tea into Boston Harbor to protest taxes imposed on the colonies, who did not have representation in Parliament.

Two-and-a-half centuries after that famous act of defiance, reenactors plan to recreate the historic event starting at 8 p.m. Saturday. Members of the public are invited to the Harborwalk at 510 Atlantic Ave. to witness the reenactment.

“When history asked Boston in 1773 if we were willing to do what it takes to defend our liberties, we took tea leaves for ink and made the ocean our page,” Boston Mayor Michelle Wu said.

Earlier Saturday, a series of other events are planned:

  1. 4 p.m. to 5 p.m.: An outdoor screening at Faneuil Hall plaza of “Faneuil Hall and the Boston Tea Party: A protest in principle. A retrospective on revolution.” Free tickets to this event are sold out.
  2. 6 p.m. to 7 p.m.: Reenactors portraying citizens of colonial Boston will present news of the tea crisis at Downtown Crossing, Reader’s Plaza at Milk St. and Washington St.
  3. 6:15 p.m. to 7:30 p.m.: Reenactors will recreate a vigorous debate inside Old South Meeting House, which hosted several meetings about the tea crisis, including the final meeting before Samuel Adams gave the signal that started the Boston Tea Party. Tickets for this event are sold out.
  4. 7:30 p.m. to 8 p.m.: A fife and drum corps will lead a rolling rally from Old South Meeting House to the Harborwalk for the tea party reenactment.

From The Los Angeles Times Editorial Board: Editorial: The Boston Tea Party 250 years later, and we’re still fighting for democracy.

In the 250 years since members of the Sons of Liberty boarded ships in Boston Harbor to dump their cargo of imported tea overboard — on Dec. 16, 1773 — the right to protest over inadequate representation has been a central liberty of Americans.

There was already broad agreement in 18th century Britain and its American colonies that taxation without representation violated a supposedly free person’s rights.

ugly-cat6But the British government had a far more limited view of what constitutes actual representation than the Colonists did. Parliament asserted that it represented the people in Britain’s American colonies even if they had no role in electing it.

After the Sons of Liberty action, Americans began to feel differently. A mercantile protest against tax breaks and corporate welfare for a private but influential monopoly (the British East India Co.) became a blow against the entire panoply of legislation and taxation adopted to coerce loyalty to the crown and Parliament.

The principle of no taxation without representation became increasingly about the definition of representation.

In the ensuing two and a half centuries, the American republic has moved in fits and starts toward perfecting democratic representation. It has had a very long way to go. Enslaved Africans and their descendants, Native Americans on reservations and women were represented in government in name only until recently, without voting power, the same way British Parliament once claimed to represent people who had no ability to say “yes” or “no” to their supposed delegates. In a sense, American democracy did not actually come into being until 1965, when the Voting Rights Act finally guaranteed Black voters equal rights to elect their government officials.

The fight isn’t over. Court rulings have permitted racial and partisan gerrymandering that undermine the Voting Rights Act and weaken the principle of one-person, one-vote — itself a fairly recent principle in American democracy. Residents of the District of Columbia will tell you, accurately, that they are taxed without representation. In many states, people who have served time for felonies cannot regain their right to vote, at least not without re-enfranchisement procedures so cumbersome as to be practically impossible….

In observing the semiquincentennial of the Boston Tea Party, it’s important to recall that although it began as an anti-tax protest, it was ultimately about the true meaning of representative government. The people of Boston in 1773 were unwilling to support a government in which they had no say. The Tea Party’s proper legacy is the continuing fight for fuller, more representative voting rights.

If you’d like a longer read about the Boston Tea Party, the long struggle for democracy in the U.S. and the unique dangers to liberty we face today, check out this interesting piece in The New York Times by Jennifer Schluessler: The Boston Tea Party Turns 250 and Raises 21st-Century Questions.

Yesterday was a very bad day for Rudy Giuliani. Eileen Sullivan at The New York Times: Jury Orders Giuliani to Pay $148 Million to Election Workers He Defamed.

A jury on Friday ordered Rudolph W. Giuliani to pay $148 million to two former Georgia election workers who said he had destroyed their reputations with lies that they tried to steal the 2020 election from Donald J. Trump.

Judge Beryl A. Howell of the Federal District Court in Washington had already ruled that Mr. Giuliani had defamed the two workers, Ruby Freeman and Shaye Moss. The jury had been asked to decide only on the amount of the damages.

ugly-cat15The jury awarded Ms. Freeman and Ms. Moss a combined $75 million in punitive damages. It also ordered Mr. Giuliani to pay compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss, as well as $20 million to each of them for emotional suffering.

Mr. Giuliani, who helped lead Mr. Trump’s effort to remain in office after his defeat in the 2020 election but has endured a string of legal and financial setbacks since then, was defiant after the proceeding.

“I don’t regret a damn thing,” he said outside the courthouse, suggesting that he would appeal and that he stood by his assertions about the two women.

He said that the torrent of attacks and threats the women received from Trump supporters were “abominable” and “deplorable,” but that he was not responsible for them.

His lawyer, Joseph Sibley IV, had also argued that Mr. Giuliani, the former New York mayor and federal prosecutor, should not be held responsible for abuse directed to Ms. Freeman and Ms. Moss by others.

Mr. Sibley had warned that an award of the scale being sought by the women would be the civil equivalent of the death penalty for his client. Outside the courthouse on Friday, Mr. Giuliani called the amount “absurd.”

Break out the tiny violin. A bit more:

Over hours of emotional testimony during the civil trial in Washington, Ms. Freeman and Ms. Moss described how their lives had been completely upended after Dec. 3, 2020, when Mr. Giuliani first suggested that they had engaged in election fraud to tilt the result against Mr. Trump in Georgia, a critical swing state.

The women, who are Black and are mother and daughter, were soon flooded with expletive-laden phone calls and messages, threats, and racist attacks, they testified. People said they should be hanged for treason or lynched; others told them they fantasized about hearing the sound of their necks snapping.

They showed up at Ms. Freeman’s home. They tried to execute a citizen’s arrest of Ms. Moss at her grandmother’s house. They called Ms. Moss’s 14-year-old son’s cellphone so much that it interfered with his virtual classes, and he finished his first year of high school with failing grades.

“This all started with one tweet,” Ms. Freeman told the jury, referring to a social media post from Mr. Giuliani saying, “WATCH: Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes.”

All lies, of course.

No one knows how much Rudy is worth these days, because he refused to provide information on his assets to the court. But it’s highly unlikely he has anything like the millions he’s been ordered to pay. Of course, he’s planning to appeal.

ugly-cat3From CBS News: What is Rudy Giuliani’s net worth in 2023? Here’s a look into his assets amid defamation trial.

Rudy Giuliani followed his time in public service with a lucrative career in the private sector that turned him into a multimillionaire. But the former New York mayor now faces legal damages of $148 million in a defamation case filed by two Georgia election workers.

A jury of eight Washington, D.C., residents ruled Giuliani must pay $148 million to the election workers, Ruby Freeman and her daughter, Wandrea “Shaye” Moss. Their attorneys had asked the jurors to award $24 million each in damages. Giuliani was earlier found liable for several defamation claims against them.

The jury on Friday said the former mayor must pay $16.2 million to Freeman and $17 million to Freeman, as well as $20 million to each for emotional distress and an additional $75 million in punitive damages.

So how much is he worth today?

Giuliani’s current net worth could be worth less than $50 million, based on his attorney’s comment that the damages sought by Moss and Freeman would “be the end” of him.

About 15 years ago, Giuliani’s net worth was more than $50 million, with $15 million of that total from his business activities, including his work with lobbying firm Giuliani Partners, according to CNN. At the time, he earned about $17 million a year, the news outlet reported.

How much has Giuliani’s net worth changed over the years?

Giuliani faces considerable expenses, hurt by a third divorce and pricey lawsuits, and signs suggest they have taken a financial toll. To generate cash, he’s sold 9/11 shirts for $911 and pitched sandals sold by Donald Trump ally Mike Lindell. He also started selling video messages on Cameo for $325 a pop, although his page on the site says Giuliani is no longer available.

Giuliani owes about $3 million in legal fees, according to The New York Times. He earns about $400,00 a year from a radio show and also receives some income from a podcast, but it’s not enough to cover his debts, the newspaper reported. Earlier this year, Giuliani’s long-term attorney sued him, alleging that the former mayor owes him almost $1.4 million in legal fees.

Meanwhile, Giuliani in July listed his Manhattan apartment for $6.5 million, and it was still available in mid-December, according to Sotheby’s. The 3-bedroom, 3-bathroom co-op includes a library with a wood-burning fireplace and a butler’s pantry.

Unfortunately, Trump is still in the news. Here’s what’s happening with the narcissistic wannabe dictator.

From The Wall Street Journal: The Conservative Coterie Behind Trump’s Second-Term Agenda. A small group of loyalists is influencing his campaign policy plans, as many past top aides have broken with the former president.

When Donald Trump sat down in the office of his Bedminster, N.J., golf club late this summer to flesh out his trade and border policy, familiar faces were across from him: Robert Lighthizer and Russell Vought, two of the architects of the former president’s populist first-term record.

ugly-cat16Trump’s former trade representative and White House budget director, respectively, are part of a cadre of allies helping him shape policy proposals across a range of topics, laying the groundwork for what would be an aggressive and controversial second-term agenda.

The group—which also includes Stephen Miller, driver of hard-line immigration policies, former Housing Secretary Ben Carson and John Ratcliffe, former director of national intelligence, among others—is stocked with veterans of Trump’s first term who are closely aligned with his vision of protectionist economic policies and an isolationist approach to foreign policy. 

They are likely to take key administration roles should Trump win the election, according to the campaign, which has worked to counter speculation over Trump’s inner circle and policy-formulation process.

Importantly for Trump, these figures have stuck by him following his loss to President Biden in 2020, unlike the many past cabinet officials and other top aides who now oppose him. Trump’s first term was marked by dissension, with policy disagreements and personality clashes leading to heated Oval Office arguments and damaging leaks to reporters.

In contrast, aides say, the current group of Trump confidantes is on the same page. Whether such harmony could be preserved in an actual second Trump administration—which would include hundreds more aides and a full cabinet—is less clear.

This is pretty much the same agenda that The Washington Post and The New York Times have described recently.

Trump’s policy development, like much of what he has brought to government, is unorthodox—a mix of his gut instincts and working style. He eschews traditional meetings and flowcharts, aides say, and instead draws on his experience in business and direct conversations with an extended network of contacts of longtime friends, CEOs and people he has met in politics. He often pits one viewpoint against another, a hallmark of his first tenure in office.

Flights to and from campaign events have turned into policy huddles with staff and are where Trump reads articles, instructing aides to get someone on the phone when they land or the following day, according to people involved in the discussions.

His policy agenda has excited core supporters while alarming Democrats and some Republicans.

ugly-cat8“He’s been pretty clear in saying he will use the levers of government to go after his political opponents, which is anathema to conservatives,” said Marc Short, who served in the Trump administration and was a top adviser to former Vice President Mike Pence’s presidential campaign. Short said Trump’s 2016 platform appealed to the party in part by focusing on appointing conservative judges and cutting taxes.

Other key people Trump and his team are in regular communication with over policy ideas—and who could take important administration roles—include the following:

  • Brandon Judd, president of the National Border Patrol Council, the union representing border agents
  • Matt Whitaker, former acting attorney general, who took over after Jeff Sessions was forced out of the job

There’s more at the link. I got in by clicking the link at Memeorandum.

Another article about Trump’s plans at Politico: The Crazy Conservative Scheme to Make Trump Look Normal: Rehabilitate Nixon.

Among a small but influential group of young conservative activists and intellectuals, “Tricky Dick” is making a quiet — but notable — comeback. Long condemned by both Democrats and Republicans as the “crook” that he infamously swore not to be, Nixon is reemerging in some conservative circles as a paragon of populist power, a noble warrior who was unjustly consigned to the black list of American history.

Across the right-of-center media sphere, examples of Nixonmania abound. Online, popular conservative activists are studying the history of Nixon’s presidency as a “blueprint for counter-revolution” in the 21st century. In the pages of small conservative magazines, readers can meet the “New Nixonians” who are studying up on Nixon’s foreign policy prowess. On TikTok, users can scroll through meme-ified homages to Nixon. And in the weirdest (and most irony laden) corners of the internet, Nixon stans are even swooning over the former president’s swarthy good looks.

“I’ve always been pretty fascinated with him,” said Curt Mills, a conservative journalist and self-professed Nixon fan. (Mills has contributed to POLITICO Magazine.) “I think the Nixon story is really an American story. He really is this guy who is from nowhere, and he’s just absolutely reviled … [but] I do think he has this charisma that’s sort of underrated.”

ugly-cat7The Nixon renaissance is being driven in part by young conservatives’ genuine interest in Nixon, whom Mills colorfully described as “our Shakespearean president.” But when pressed about their pro-Nixon views, even his most sincere supporters readily admit that the Nixon-mania isn’t being driven solely — or even primarily — by academic interest in Nixon. Instead, the populist right’s ongoing effort to rehabilitate Nixon, which is unfolding against the backdrop of the 2024 Republican primary, is really about another divisive former Republican president: Donald Trump.

In the topsy-turvy historical tableau of 2023, to defend Nixon is to back Trump — and to rescue the former from historical ignominy is, according to the thinking of some young conservatives, to save the latter from the same fate.

“If we can rehabilitate Richard Nixon in a balanced and fair manner — or even if we can just create questions in the public discourse about Nixon and about Nixon’s presidency — then I think, by way of analogy, it will provoke similar questions about Donald Trump,” said the conservative activist Christopher Rufo, who published a lengthy defense of Nixon earlier this year for City Journal. “It will give us the kind of template, it will give us the precedents, it will give us the skills, where we can more effectively defend a conservative president against these kinds of attacks.”

Read the rest at Politico, if you can handle it.

Time Magazine has a piece about Texas abortion laws and Kate Cox, the woman who fled the state in order to get abortion care after learning she was carrying a non-viable fetus and faced the prospect of losing her ability to have children in the future: That Texas Abortion Case Is Even Worse Than You Think.

So much of the national conversation this week has been about Kate Cox, the 31-year-old mom who had to flee Texas to have an abortion to end a doomed pregnancy as the state’s Supreme Court slowly decided to substitute its judgment for her doctor’s advice.

But what’s been missing from most of the talk about this case is this reality: Texas has at least three separate laws on the books designed to make getting an abortion nearly impossible. Those overlapping, vague statutes not only create one of the most restrictive environments in the country for reproductive rights, but shaped Cox’s case in ways that many following her ordeal likely missed. It also shows how even minor details can matter, especially when judges have political bents and time is an urgent component.

ugly-cat2To understand the lay of the land that Cox, her family, and her doctor were facing, we need to look at what Texas lawmakers put in place before Dobbs, the 2022 case that invalidated a half-century of protections enshrined in Roe v. Wade. A year earlier, Texas passed a so-called “trigger ban” that would outlaw abortions should the Supreme Court overturn Roe. We’ll call this Ban A. It serves up a felony life sentence for health care providers who perform abortions and a $100,000 fine.

A second 2021 law—let’s call it Ban B—was a novel attempt at effectively banning most abortions in Texas without waiting for the Supreme Court to give permission, and it largely succeeded. That law runs along civil lines by deputizing neighbors and strangers to enforce it through lawsuits. Under Ban B (also known as S.B. 8), even an Uber driver who ferries a customer to a place where abortions are performed can be civilly charged. Critics have labeled it a Bounty Law. Yet unlike Ban A, Ban B isn’t a complete ban, though it functions as one in practice. It blocks most pregnant individuals from seeking an abortion after about six weeks, or when lawmakers decided there exists a beating “fetal heart”—a term doctors do not use, because a fetus at that point does not yet have a heart. (What abortion opponents describe as a heartbeat at that stage is actually the electrical impulses developing cells start to emit.)

Finally, there is Ban C, which are the pre-Roe laws in Texas, dating back to the state’s first criminal code of 1857. At that time, the state had a ban on abortion—including the funding of it—except in cases when the pregnant person’s life was at risk. The penalty? Five years in prison for those providing the care. Texas officials have asserted that those laws snapped back into effect when Roe fell.

All three abortion bans include language that provides exceptions when the health of the pregnant person is in question, although the specific definitions and conditions are different and vague. (None, it also should be noted, holds the pregnant party criminally liable.)

This all created a legal and medical minefield for Kate Cox, the Dallas-area mother of two who has been public about wanting, in her words, “a large family.” When Cox and her family learned the fetus she was carrying had tested positive for a genetic condition that almost always results in a miscarriage or stillbirth, she took action. She had already been to the hospital four times in two weeks seeking emergency attention and worried what this troubled pregnancy would mean for her future potential; her doctor agreed that an abortion would leave her with the greatest potential for a pregnancy at a future date.

There’s much more at the link.

You’ve probably heard about the latest horror story in Israel’s war with Hamas. The IDF accidentally killed three Israeli hostages. From the Guardian: IDF says Israeli hostages it killed in Gaza were bare chested and waving white flag.

Three Israeli hostages killed by the Israel Defence Forces in Gaza were bare chested and carrying a white flag when they were shot, according to an initial military investigation.

The killing of the three men – who were kidnapped by Hamas on 7 October during its assault on southern Israel – has triggered widespread anger and incredulity in Israel amid a mounting sense of anxiety over the safety of the remaining hostages in Gaza.

According to reports of the IDF probe in the Israeli media, the three men Yotam Haim, Samer El-Talalka and Alon Shamriz – all in their 20s – had somehow escaped their captors and were approaching an IDF position in the Shejaiya area of Gaza City where there has been heavy fighting.

One of the men was carrying a stick with a white cloth tied to it and all had removed their shirts. Spotting the three, an Israeli soldier on a rooftop, however, opened fire on the men, shouting “Terrorists!”.

While two of the hostages fell to the ground immediately, the third fled into a nearby building. When a commander arrived on the scene, the unit was ordered into the building where it killed the third hostage despite his pleas for help in Hebrew.

It emerged too that the IDF had identified a nearby building marked with “SOS” and “Help! Three hostages” two days earlier but had believed it might be a trap.

As the first details of the killing were released by the IDF on Friday night, after most Israelis had begun to mark Shabbat, the Jewish day of rest, a hastily called demonstration converged on the Kirya, Israel’s sprawling military headquarters compound in Tel Aviv.

Chanting “Shame”, “There’s no time” and “Deal now!” – the last a demand for a new ceasefire agreement with Hamas and a hostage exchange – the protesters represent a growing thread of anger in Israel at the way in which the war is being prosecuted, as the situation of the remaining hostages in Gaza has taken a series of dark of turns in the past week.

There’s much more at the link.

That’s all I have for you today. I hope you all have a terrific weekend!


Wednesday Reads

Good Day!!

There is quite a bit of news happening today. The top stories involve the Supreme Court, abortion, Hunter Biden, and the phony “impeachment” of President Biden by a bunch of Republican idiots. Here goes:

The Supreme Court has agreed to hear two troubling cases, one involving access to early abortions, and another that could affect January 6th cases.

The Washington Post: Supreme Court will decide access to key abortion drug mifepristone.

The Supreme Court will decide this term whether to limit access to a key abortion drug, returning the polarizing issue of reproductive rights to the high court for the first time since the conservative majority overturned Roe v. Wade last year.

230421083228-mifepristone-file-041323The Biden administration and the manufacturer of mifepristone have asked the justices to overturn a lower-court ruling that would make it more difficult to obtain the medication, which is part of a two-drug regimen used in more than half of all abortions in the United States. Oral arguments will likely be scheduled for the spring, with a decision by the end of June, further elevating the issue of abortion, which has proven galvanizing for Democrats, during the 2024 campaign season.

The justices will review a decision fromthe conservative U.S. Court of Appeals for the 5th Circuit that said the Food and Drug Administration did not follow proper procedures when it began loosening regulations for obtaining the mifepristone, which was first approved more than 20 years ago. The changes made over the last few years included allowing the drug to be taken later in pregnancy, to be mailed directly to patients and to be prescribed by a medical professional other than a doctor.

Medications to terminate pregnancy, which can be taken at home, have increased in importance over the last 18 months, as more than a dozenstates severely limited or banned abortions following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.

Read more at the WaPo link.

NBC News: Supreme Court agrees to hear Jan. 6 case that could affect Trump prosecution.

The Supreme Court on Wednesday agreed to hear an appeal brought by a man charged with offenses relating to the Jan. 6, 2021, assault on the U.S. Capitol in a case that could have a major impact on the criminal prosecution of former President Donald Trump.

The justices will hear a case brought by defendant Joseph Fischer, who is seeking to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory, which was disrupted by a mob of Trump supporters.

Two other Jan. 6 defendants, Edward Lang and Garret Miller, brought similar appeals, the outcome of which will be dictated by the Supreme Court’s ruling in Fischer’s case.

Fritz Ulrich, a federal public defender representing Fischer, said he was pleased that the court will clarify the scope of the law in question but had no further comment.

Trump has been charged with the same offense as well as others in his federal election interference case. The court’s decision to take up the issue, as well as the timing of its ultimate ruling, could therefore affect his case.

How the case against Trump could be affected:

It will take months for the justices to hear oral arguments and issue a ruling sometime during the court’s current nine-month term, which ends in June.

Trump’s lawyers could use the Supreme Court’s involvement as one opportunity to delay his election interference trial, which is scheduled to start in March.

Trump is the front-runner in the polls for the Republican presidential nomination, and any delay in his criminal trial in Washington would be to his benefit.

If Trump were to win the election in November, he would then be in a position to have the charges dismissed. If the case proceeds as scheduled in March and Trump were to be convicted, he could be sentenced before the election.

Read all the details at NBC News.

One more abortion story:

NBC News: Florida abortion rights activists win over Republicans in ballot measure push.

Jaymie Carter is a registered Republican.

She has been named by two Republican governors — first Rick Scott, then Ron DeSantis — to sit on the Board of Trustees for the State College of Florida, and she says she voted for DeSantis in his 2022 campaign for governor.

231212-florida-abortion-rights-se-556p-967933But when it comes to the issue of abortion, she’s breaking with her party.

“Women are concerned about what’s happening with our bodies and our right to choose. And there’s a lot of people that you wouldn’t think would be the pro-choice advocates, but they are,” she said. “And the government overreach, it’s huge right now.”

Carter is one of more than 150,000 registered Republican voters who have signed a petition in support of a ballot amendment that would bar the state from restricting abortion “before viability” — which is usually at 24 weeks — or “when necessary to protect the patient’s health.”

That total comes from the Florida Women’s Freedom Coalition, one of several groups working to gather the 891,523 signatures necessary to get the measure on the ballot, working with Floridians Protecting Freedom, the campaign leading the ballot initiative. The group says it has gathered and submitted more than 1.3 million signatures so far. The website of the Florida Division of Elections says it has validated 687,699 signatures as of mid-December.

Florida is one of nine states where groups are pushing to get measures on the ballot that would bar restrictions on abortion rights, following a streak of wins for similar measures in Kansas and Ohio.

And as the Feb. 1 deadline to get the petitions submitted and verified approaches in Florida, some Republican voters are coming out publicly to support and even advocate for it.

Very interesting. I wonder if Ron DeSantis has heard about this yet?

This is the day that House Republicans ordered Hunter Biden to undergo a behind-closed-doors deposition. In a surprise move, Biden held an impressive press conference, in which he reiterated his willingness to answer questions at a public hearing.

Luke Broadwater at The New York Times: Hunter Biden, Defying Deposition Subpoena, Again Offers Public Testimony.

Hunter Biden, the president’s son, appeared on Capitol Hill on Wednesday morning to offer to publicly testify in House Republicans’ impeachment investigation into his father, though he insisted he would not appear for a private deposition they scheduled over his refusals.

The younger Mr. Biden, who has been served a subpoena to testify, spoke to reporters in a hastily called news conference outside the Capitol near the Senate, across the complex from a House office building where Republican lawmakers were waiting to question him behind closed doors.

“I am here,” Mr. Biden said. “Let me state as clearly as I can: My father was not involved in my business.”

“There is no evidence to support the allegations my father was involved in my business because it did not happen,” he added.

The younger Mr. Biden has objected to providing private testimony, saying he fears Republicans will selectively leak his remarks and try to distort what he says. He has repeatedly proposed that he appear at a public hearing instead to answer their questions.

“They have lied over and over,” Mr. Biden said of Republicans.

Republicans have threatened to hold him in contempt of Congress if he does not comply.

Jacqueline Alemany and Matt Viser at The Washington Post: Ahead of House GOP vote on impeachment inquiry, Hunter Biden defies subpoena.

Hunter Biden will not appear for a closed-door deposition Wednesday, defying a subpoena from House Republicans who are investigating the Biden family’s finances.

“I’m here to testify at a public hearing today,” Hunter Biden said in a statement outside of the Capitol on Wednesday morning. “Republicans do not want an open process where Americans can see their tactics … or hear what I have to say.” [….]

hunter_biden_AP_23312563019935_NAT_1205

Hunter Biden

Hunter Biden maintained that he would answer questions only in a public hearing. His legal team has pointed to past comments in which House Oversight Committee Chairman James Comer (R-Ky.) all but dared Hunter Biden to testify — publicly or privately — and the team has said they don’t trust House Republicans not to selectively leak his testimony.

“For six years I’ve been targeted by the unrelenting Trump Machine asking ‘where’s Hunter,’” Hunter Biden said. “Here’s my answer: I am here.”

Comer over the past two weeks has rebuffed Hunter Biden’s offer to publicly testify before the committee, and Republicans on Wednesday vowed to move expeditiously to initiate proceedings to hold him in contempt of Congress for defying their subpoena.

Hunter Biden “does not get to dictate the terms of the subpoena,” Comer told reporters outside of an empty hearing room where Hunter Biden was scheduled to be deposed. Pressed about whether he has found evidence that President Biden had engaged in wrongdoing or criminal conduct, Comer said he had found “some very serious evidence,” before citing two examples of banking records he has repeatedly mischaracterized.

The fake charges against President Biden:

The foundation of the impeachment inquiry, outlined by Judiciary Committee Chairman Jim Jordan (R-Ohio) in a briefing with reporters last week, rests on an unsubstantiated accusation that has become the linchpin of allegations regarding the Biden family’s purported corrupt and criminal conduct.

downloadRepublicans allege that Joe Biden as vice president pushed for the firing of Ukraine’s top prosecutor, Viktor Shokin, to quash a probe into the former owner of Burisma, the Ukrainian gas company where Hunter Biden sat on the board. That allegation has been widely refuted by former U.S. officials, as well as Ukrainian anti-corruption activists.

As part of the inquiry, House Republicans also have elevated claims that the Biden administration slowed a Justice Department investigation into Hunter Biden’s financial background, but that testimony has been repeatedly disputed by officials involved in the case.

“There is no fairness or decency in what these Republicans are doing. Their false facts have become the beliefs of too many people,” Hunter Biden said Wednesday.

“They have taken the light of my dad’s love for me and presented it as darkness,” he continued. “They have no shame.

Jonathan Chait at New York Magazine: We Were Told Biden Is Secretly Running the DOJ. Why Is His Son Being Charged?

It has long been an article of faith on the right that Attorney General Merrick Garland is prosecuting Donald Trump because President Biden wants him to. Even the Trump-skeptical corners of the conservative media casually assert, without bothering to supply any evidence for the charge, that Biden is behind the DOJ investigations.

“Biden Justice Department officials and Democratic prosecutors are currently trying to put the other side’s leading contender for the White House in jail … The vapors over Trump saying he’s going to target his enemies,” argues National Review editor-in-chief Rich Lowry, “is rich coming from people who have targeted their enemy by any means necessary for years now.”

“Meantime, a Justice Department special counsel has filed trumped-up charges against Mr. Trump for allegedly defrauding the U.S. … writes Wall Street Journal columnist Allysia Finley, “Abuse executive power. Ignore the law. Run roughshod over individual liberties. Retaliate against political opponents. Mr. Biden and his allies have done exactly what they warn Mr. Trump will do if he returns to the White House.”

You’d think those conservatives might be questioning this assumption, now that Garland’s Justice Department is prosecuting Joe Biden’s son for tax evasion. But no, they’re just pretending it isn’t happening.

There was never any basis for the charge that Garland is working at Biden’s behest. Garland is well-respected by legal types in both parties — that’s why Barack Obama thought he was the only Supreme Court nominee who stood any chance of confirmation by a Republican Senate in 2016 — and received 70 votes for his confirmation.

Unlike Trump, who repeatedly demanded his attorneys general prosecute his enemies and let his criminal buddies go free, and made these demands privately with even more corrupt intent, there is zero public evidence or reporting to suggest Biden has improperly tried to influence Garland’s decisions.

What’s more, the two Justice Department cases against Trump both flow directly from publicly identifiable sources. Trump is being charged in the documents case because the National Archive asked him to return government property, he refused, and then covered up his crimes when the FBI came looking. The January 6 case comes directly out of an investigation by a House committee that turned up damning evidence….

Indeed, the president is angry with his attorney general. “Biden’s relationship with Garland — which was already tense — has become more frigid amid Biden’s frustration at the lengthy criminal investigation and now prosecution of Hunter by the Justice Department,” reports Alex Thompson, “People close to Biden also have fumed at Garland for appointing a special counsel in August.” Thompson also reports, “One person close to the president unflatteringly compared Garland to the former FBI director James Comey, claiming they both have been obsessed with the appearance of having integrity rather than just trying to make the right decision.”

Read the rest at the link.

The accusers: Jim Jordan and James Comer

The accusers: Jim Jordan and James Comer

The New York Times: House Set to Approve Biden Impeachment Inquiry as It Hunts for an Offense.

The Republican-led House is on track to approve a formal impeachment inquiry into President Biden on Wednesday, pushing forward with a yearlong G.O.P. investigation that has failed to produce evidence of anything approaching high crimes or misdemeanors.

Republicans say the vote, which is expected in the evening, is needed to give them full authority to carry out their investigations amid anticipated legal challenges from the White House. Democrats have denounced the inquiry as a fishing expedition and a political stunt.

G.O.P. leaders refrained for months from calling a vote to open an impeachment inquiry, given the reservations of mainstream Republicans, many of them from politically competitive districts, about moving forward without proof that Mr. Biden did anything wrong. But the political ground has shifted considerably, and most of them are now willing to do so, emphasizing that they are not yet ready to charge the president.

“Voting in favor of an impeachment inquiry does not equal impeachment,” Representative Tom Emmer of Minnesota, the No. 3 House Republican, said at a news conference on Tuesday. “We will continue to follow the facts wherever they lead, and if they uncover evidence of treason, bribery or other high crimes and misdemeanors, then and only then will the next steps towards impeachment proceedings be considered.”

Read more at the NYT. I guess we’ll learn later today if the Republicans have the votes for their impeachment inquiry without a shred of evidence to support it.

More stories worth checking out today:

AP: Biden takes a tougher stance on Israel’s ‘indiscriminate bombing’ of Gaza.

The New York Times: Top Court Clears Path for Democrats to Redraw House Map in New York.

Reuters: US agency will not reinstate $900 mln subsidy for SpaceX Starlink unit.

The New York Times: In a First, Nations at Climate Summit Agree to Move Away From Fossil Fuels.

Shan Wu at The Daily Beast: Trump, Elon Musk, and Billionaire ‘Populists’ Threaten Democracy and Freedom.