Thursday Reads

Good Morning!!

This is the week that the GOP crazies are really coming out of the woodwork. On Tuesday, we saw them heckle the President Biden during his State of the Union Address. Then yesterday the House Oversight Committee held an insane hearing on supposed Twitter persecution of Republicans. And today the subcommittee on the “weaponization of government” will meet for the first time. I can’t watch these GOP clown shows, but fortunately, Aaron Rupar does watch post video clips of them on Twitter. 

Reactions to the SOTU

I really liked this piece by Jennifer Bendery at HuffPost: The Best Part Of Joe Biden’s SOTU Address Happened After It Was Over.

On Tuesday night, millions of people tuned in to watch President Joe Biden deliver his State of the Union address to the nation.

But the best part of the night happened right after Biden’s speech was over, when most (but not all) networks weren’t airing his comments anymore and he made his way through the crowd. It was here, where the president could actually talk to all the dignitaries, members of Congress and other people in the room, that he was truly in his element.

After formally addressing the country for about an hour and 10 minutes, Biden spent another 20 minutes cracking jokes with Supreme Court justices, telling stories, taking countless selfies, talking to people’s kids on cell phones, listening to Democratic and Republican lawmakers’ requests for help, and offering comfort to people who needed it.

“Hey, big Jon!” Biden shouted at Sen. Jon Tester (D-Mont.), hand outstretched, barely a minute after he’d stepped down from the dais. Immediately surrounded by about a dozen senators and House members eager to shake his hand, the president took the time to talk to all of them before drifting over to Gen. Mark Milley, chairman of the Joint Chiefs of Staff, who solemnly stood nearby with some other high-ranking military leaders.

Motioning to his own shoulders, Biden jokingly called out to a four-star general in uniform, “Aren’t those stars heavy?”

When Supreme Court Justices Elena Kagan and John Roberts passed by, the president stopped them to apologize for making them listen to his speech.

“Sorry. Sorry you guys had to sit there,” he said, as Kagan looked briefly confused and started laughing. “I apologize.”

It was like watching a pinball bounce around the game board. Biden jumped from one group of people to the next, to the next, to the next, in absolutely no rush to leave and seemingly energized by every minute of being able to engage with real live people. And here he was back in the building he’d spent decades of his life working in ― a second home of sorts. Why ever leave?

Biden certainly seems energized. What a contrast to whiny old man Trump! I think Republicans should be worried about 2024.

This is an interesting take from Josh Barro: Biden’s State of the Union Was a Feisty Return to ’90s Politics. Republicans Should Be Afraid.

One of the implicit promises of the Biden presidential campaign was to turn back the political clock to a more normal time, before Donald Trump made everything weird. COVID delayed that process, but I think we’re finally getting there, and last night’s State of the Union address was a demonstration of that. What I did not anticipate was how far back we would go.

Biden’s speech was right out of the ‘90s in a way that I think was very politically savvy for the president and his team, and it previews how they are likely to run a re-election campaign against Gov. Ron DeSantis, if he is the Republican nominee.

Here’s what was so ‘90s about Biden’s speech.

After Clinton stepped on a rake with his health care plan and lost both houses of Congress in the 1994 midterm elections, he got himself to an eight-point re-election victory 1996 by running on two key themes:

  1. Republicans are right-wing lunatics who want to cut your Social Security and Medicare, and I will never let them do that.

  2. Here’s a bunch of popular, small-bore ideas that I can work to implement on a bipartisan basis with those Republican lunatics.

Biden’s speech yesterday had a lot from column 1 and a lot from column 2. I’m going to save the bipartisanship talk for tomorrow’s newsletter. Today, let’s talk about entitlements, and Biden’s effective and Clintonesque sowing of fear, uncertainty and doubt about Republicans’ stewardship of popular benefit programs.

Biden noted that while many Republicans say they are officially committed to protecting Social Security and Medicare, there are some who have been talking about undermining the programs. Republicans booed and jeered that this was a lie — ensuring that the accusation would be at the center of today’s news coverage of the speech.

And today, as Biden has been out campaigning, he read from a brochure from last cycle’s NRSC chair, Florida Sen. Rick Scott, about Scott’s plan to sunset all government programs — including Social Security and Medicare — every five years.

Barro goes on to discuss Ron De Santis’s arguments against Social Security. Read it at the link.

The Washington Post’s Isaac Arnsdorf has another take on the Social Security issue: GOP hopefuls’ past positions on Social Security loom over 2024 primary.

Donald Trump is going on the attack against potential rivals for the 2024 Republican presidential nomination over Social Security and Medicare, seizing on the same GOP divisions over federal spending that President Biden is seeking to exploit.

Trump moved to wield the issue as a wedge in the primary, particularly against Florida Gov. Ron DeSantis, with a video message last month urging Republicans to use negotiations over raising the debt ceiling to cut spending but not “a single penny” from Social Security or Medicare. He also posted a short video clip of a younger DeSantis praising Paul D. Ryan, the former House budget chairman from Wisconsin who famously proposed replacing Medicare with giving seniors money for private health insurance.

The emphasis reflects potential vulnerability for Republican rivals who were elected to powerful posts in the pre-Trump tea party era, embracing austerity in the last showdown over raising the federal debt limit. As Trump’s campaign has signaled an interest in stoking debate over entitlements, Biden used his State of the Union address on Tuesday to similarly bait Republicans, producing a rowdy spectacle in which they booed his accusation that they want to cut Social Security and Medicare.

“President Trump has been clear where he stands on the issue,” Trump campaign spokesman Steven Cheung said in a statement. “Others will have to decide which side they’re on. And others will have to answer to past positions they’ve taken.”

Not that anyone should trust Trump, but at least he recognizes this as a problem for Republicans. Read more examples of statements Republican presidential hopefuls have made against Social Security and Medicare at the WaPo link.

GOP heckling at the SOTU

https://twitter.com/brianrayguitar/status/1623552642000764931?s=20&t=FRQJHHc9Lh4ATyvwDGie4w

Republicans who have clearly opposed Social Security, Medicare, and other social programs were outraged that President Biden had the nerve to call them out. Hence the unprofessional heckling that Biden used to his advantage.

The Hill: GOP divided over whether heckling Biden hurts them.

House Republicans are divided on whether the raucous heckling of President Biden during his State of the Union address on Tuesday night was inappropriate — or whether it helped them effectively communicate their position to the American public.

Many Republicans thought the uproar in response to Biden’s comment accusing Republicans of wanting to sunset Social Security and Medicare was justified, blaming the president for “instigating” a desired reaction that would put Republicans in a bad light. But some expressed doubts about the rowdiness that followed.

The claim about Social Security was the first to draw such an audible reaction from Republicans, who are fighting for spending cuts as a condition of raising the debt ceiling and seeking to sell those cuts to the American public. 

“He started off, I thought, wonderfully. … But then you can’t stand up there and blatantly lie,” Rep. Lisa McClain (R-Mich.) said. “So as much as I wish we had had more decorum, OK, you are instigating that behavior. So it starts with the leader.”

Speaker Kevin McCarthy (R-Calif.) also put the blame on Biden. 

“The president was trying to goad the members, and the members are passionate about it,” McCarthy said on Fox News Wednesday morning. “But the one thing that the president was saying was something that he knew was not true.”

Though Republicans have sought for decades to privatize Social Security and cut Medicare — and Sen. Rick Scott (R-Fla.) released a proposal last year to sunset all federal programs after five years — McCarthy has repeatedly said that cuts to entitlement programs are “off the table” in debt ceiling talks, which he launched with Biden last week.

Is this hate speech? I hesitated to post it but…. HuffPost: James Carville Attacks GOP, Marjorie Taylor Greene As ‘White Trash’

https://twitter.com/KwikWarren/status/1623461444271411200?s=20&t=FRQJHHc9Lh4ATyvwDGie4w

Democratic political consultant James Carville on Wednesday described Republican lawmakers who heckled President Joe Biden during his State of the Union speech as “white trash.”

“I tell people I have the equivalent of a PhD in white trashology, and we saw real white trash on display,” Carville told MSNBC anchor Ari Melber.

Carville singled out far-right Rep. Marjorie Taylor Greene (R-Ga.), saying she “dresses like white trash” and should take fashion advice from serial liar Rep. George Santos (R-N.Y.), in a video shared by Mediaite.

“The level of white trashdom in the Republican Party is staggering,” Carville added. “I mean, for somebody that has observed it for a long time like I have, I’ve never seen it manifest itself on a level that it’s manifesting itself.”

Ahead of the 2022 midterm elections, Carville slammed the GOP for fielding “very low-quality candidates” and suggested the reason:

“They have a lot of stupid people that vote in their primaries. They really do. I’m not really supposed to say that, but it’s obvious fact. And you know, when stupid people vote, you know who they nominate? Other stupid people.”

Then there was the GOP rebuttal:

https://twitter.com/brianrayguitar/status/1623556609917227008?s=20&t=FRQJHHc9Lh4ATyvwDGie4w

I have to wrap up this post, because I have a virtual doctor’s appointment soon. But here are some interesting reads on the wacky House hearing yesterday on how Twitter supposedly allowed the FBI to control their treatment of the Hunter Biden laptop story and the one coming up today about “weaponization of the government.”

Rolling Stone: Twitter Kept Entire ‘Database’ of Republican Requests to Censor Posts.

The Guardian: Ex-Twitter exec details ‘homophobic and antisemitic’ abuse over handling of Hunter Biden story.

The Washington Post: GOP lawmakers allege Big Tech conspiracy, even as ex-Twitter employees rebut them.

NBC News: New House committee on ‘weaponization’ of government to hold first hearing.

Roll Call: House ‘Weaponization’ hearing to take aim at Justice Department.

Have a great Thursday, Sky Dancers!!


Tuesday Reads: State of the Union

Good Morning!!

I can’t understand how it happened, but I’m sick again with the same symptoms I had a few weeks ago. I’m coughing so much that my stomach muscles are sore. It hurts every time I cough. This started out with a sore throat that lasted three days, and then the coughing began. I’m also going through Kleenex at an unbelievable rate. I didn’t have a single cold for about two years during the pandemic, but now I keep catching things. I don’t know how either, because I stay home most of the time. The only explanation I have is that other people in my building are not taking as many precautions as before. Almost no one wears a mask anymore. Anyway, this may not be much of a post.

As everyone knows, the State of the Union address is tonight. It will begin at 9PM. I’m still worried about whether there will be adequate security for President Biden. Will anyone be checking to make sure none of the insane House members bring guns with them?

From Raw Story: Christianity ‘has devolved into a rabid tribe’: Lauren Boebert bashed for praying for Biden’s death.

Speaking to a church audience, Rep. Lauren Boebert (R-CO) told the crowd to pray for Joe Biden: “May his days be few and another take his office.”

It isn’t the first time she’s made such a “prayer.” She’s been using the line “may his days be few” since 2022, when she spoke to the Charis Christian Center Family Camp Meeting in Colorado.

It once again caused an uproar among those on social media who saw the video.

“THIS is the self-proclaimed party of Jesus Christ,” tweeted political commentator Lindy Li. “This is the self-appointed party of Christianity SHAME ON YOU! This is why church pews are emptying at a ferocious rate. Why increasing numbers of Americans now say they are religiously unaffiliated. Christianity in America has devolved into a rabid tribe of Talibangelicals and gun-totin Y’all Qaeda fanatics.”

Others noted that her so-called “sermon” included her promoting her legislation to impeach the president and argued that bringing politics into church pews is yet another reason that churches should lose their tax-exempt status.

Another called it a federal crime to threaten the president, which Boebert has gotten away with in the past because she’s not asking activists to actively kill, but rather praying for death.

I just hope that Boebert and Marjory Taylor Greene and the rest of the crazies will be frisked on the way in.

Here’s a preview of the speech at The Guardian: Biden set to highlight economic gains in State of the Union address – live.

State of the Union addresses are usually a pretty big deal – it’s a major opportunity for the president to set the tone for the year in front of the most important people in Washington. This year, the stakes for Joe Biden are even higher. The 2024 presidential election is already looming on the horizon, and while Biden has yet to officially launch a reelection campaign, he is expected to do so in the next few weeks.

Biden has been prepping for his speech for weeks and is expected to lay out an underlying theme of unity, angling for stable leadership over one drenched in partisan disarray. He is expected to speak at length about the achievements of the last two years, including the passage of the $1.2tn Bipartisan Infrastructure bill that was passed in 2021 and invests in repairing America’s roads and bridges, among other investments. He will also touch on recent good news around the economy, including a low unemployment rate and the decreasing inflation rate.

Republicans are already readying up their punches in response to tonight’s address as the party tries to make their own case to Americans that Democrats have failed while in power…..

It’s been less than a year since Joe Biden delivered his first State of the Union address on March 2 of last year, but a lot has changed over the last year. Top of mind for many Americans has been the economy, with inflation rising to decades-high level over the summer. Republicans gained a slim majority in the House during the midterm election. One thing has not changed: The war in Ukraine is still rattling on.

In last year’s 62-minute speech, Congress was largely unified in support of Ukraine, with the invasion having taken place just a week prior. Both Democrats and Republicans were wearing yellow and blue in solidarity with Ukraine, and some held small Ukrainian flags.

This year, First Lady Jill Biden has invited Ukraine’s ambassador to the US Oksana Markarova to be her guest to the address for the second year. Markarova received a standing ovation when she was introduced during Biden’s speech last year.

Biden is expected to ask for bipartisan support in sending more aid to Ukraine as the anniversary of the invasion approaches. Yesterday, NBC News reported that Biden is expected to travel to Poland later this month for the anniversary, though the trip has not been confirmed.

Sarah Huckabee Sanders is doing the GOP rebuttal to the speech.

SOTU rebuttals are often the kiss of death for the speaker’s career. Remember the ones by Bobby Jindal and Marco Rubio? I hope that holds true for Sanders. For old time’s sake you can check out these NYT articles:

Governor Jindal, Rising G.O.P. Star, Plummets After Speech.

Here’s another preview from the AP:

From the article: What to Watch: New political vibes this State of the Union.

Look for new faces and fresh political dynamics as President Joe Biden delivers this year’s State of the Union address, coupled with attention to some old problems brought back into painful focus by recent events.

The president on Tuesday night will stand before a joint session of Congress for the first time since voters in the midterm elections handed control of the House to Republicans. Biden, like presidents past, will make the case that the nation is strong and that better days lie ahead. But he finds himself in choppy waters as he passes the halfway mark of his term.

After a series of legislative victories during the first two years of Biden’s term, Republicans are looking to undo some of his early wins. Recent mass shootings and a police killing in Memphis, Tennessee, have brought renewed focus to the issues of gun violence and excessive police force. And on the foreign policy front, Biden faces the formidable task of keeping a Western alliance — and the American electorate — united behind Ukraine in its effort to repel Russia’s ongoing invasion. He’s also dealing with fallout from the U.S. downing of a suspected Chinese spy balloon that floated across the U.S. last week. On top of all that, a special counsel is investigating how classified information from Biden’s days as vice president and senator ended up at his Delaware home and former office.

Read the AP’s suggestions of what to watch for in the speech at the link.

Storeis

From the White House website: The White House Announces Guest List for the First Lady’s Box for the 2023 State of the Union Address.

A few of the guests, from Twitter:

[I’m having a formatting problem that I can’t figure out–I can’t get double spacing to work.] I’m going to end with some stories to check out while we wait for the big speech tonight.
CNN: ‘He was one of these rockstars’: Former FBI agents shocked at the indictment of one of their own.
David Kurtz at Talking Points Memo: WARNING: Republicans Are Up To Their Same Old Tricks On Social Security
Semaphor: The Fair Tax is haunting the 2024 GOP field

AP: White House: Improved surveillance caught Chinese balloon

Defense One: China’s Balloon May Have Taught Pentagon More Than Beijing Learned From It, General Says

CNN: Exclusive: US intel assessment documents Chinese spy balloon incident under Trump

NBC Washington: FBI Arrests 2 in ‘Racially Motivated’ Plot to Attack Baltimore Power Grid.
Politico: Federal judge says constitutional right to abortion may still exist, despite Dobbs
Take care everyone, and have a nice Tuesday.

Lazy Caturday Reads

Glenn Harrington

By Glenn Harrington

Happy Caturday!!

As predicted, it got really cold here yesterday and overnight. It got down to -9 where I am, lower in other parts of Massachusetts and New England. My newly installed air heat pump worked very well. I had it set at 72, and it stayed very warm in my apartment. The temperature is back up to -1 now (feels like -16) and will continue rising into the teens today. Tomorrow we will be back up to warmer than normal temperatures in the 40s and 50s for the rest of the week. Pretty freaky. Of course, my parents, who grew up in North Dakota, wouldn’t have thought these temperatures were a big deal.

The really dramatic weather was at Mt. Washington in New Hampshire. It’s not that big a mountain, but it gets the “worst weather in the world.” They get hurricane-force winds up there all the time. Once in the 1930s, Mt. Washington recorded 231 mph winds! Last night it got to a wind chill of -109 degrees, the lowest ever recorded in the U.S.

From The Washington Post: ‘Historic Arctic outbreak’ crushes records in New England.

Parts of the Northeast woke up to the coldest morning in decades on Saturday, with temperatures 30 degrees or more below average and wind chills in the extremely dangerous category. Virtually the entirety of New England was included in wind chill warnings, while Mount Washington’s minus-109 degree wind chill set a record for the entire United States.

The National Weather Service office serving the Boston region described the cold as “a historic Arctic outbreak for the modern era,” and warned that “this is about as cold as it will ever get.”

In Boston, the morning low fell to minus-10 degrees at 5:15 a.m., the coldest reading observed in the city since Jan. 15, 1957, when Boston hit minus-12. The episode resembled the brutal Arctic blast on Valentine’s Day 2016, when Logan Airport dropped to minus-9 degrees.

Coupled with winds gusting near 40 mph, Boston witnessed its lowest wind chill ever recorded at minus-39 degrees. Records date back to 1944. Wind chill is an index that attempts to quantity the combined impact of cold and wind on the human body, since strong winds blow away one’s body heat.

Robin Freedenfeld

By Robin Freedenfeld

The temperatures were so extreme in Maine that residents reported “frost quakes,” or cryoseisms. The earthquake-like tremors are caused by rapidly plummeting temperatures, which cause water trapped in cracks in the ground to expand.

The city of Portland, Maine, recorded its all-time lowest wind chill at minus-45 degrees. A weather balloon launched by the National Weather Service in Gray, Maine, reported the all-time lowest 850 millibar (an air pressure level corresponding to approximately 5,000 feet in altitude) temperature ever observed by that office at minus-35.5 degrees.

Farther north in Maine, Frenchville Airport in Aroostook County recorded a wind chill to minus-61 degrees, while Cadillac Mountain in Hancock County had a minus-62 degree wind chill. Even Bar Harbor, on the coast, logged a wind chill of minus-48. Greenville in Piscataquis County faced a wind chill of minus-58.

So that was interesting for those of us who are excited by extreme weather; now we go back to unseasonably warm daytime temperatures in the 40s and 50s. Freaky.

Yesterday, the right wing nuts on Twitter–including Congressional Republicans–were totally losing their minds over that Chinese balloon that was spotted over the U.S. The wingnuts demanded that the government shoot the thing down. Of course it’s flying way up in the atmosphere, beyond reach of any kind of weapon, plus it’s huge and would probably kill people if it came down, but whatever. It’s Biden’s fault. This moron is chairman of the House Oversight Committee.

Justin Baragona at The Daily Beast: GOP Rep Warns That Chinese Balloon May Have ‘Bioweapons’ From ‘Wuhan.’

House Oversight Chairman James Comer (R-KY) casually suggested to Fox News on Friday that the suspected Chinese spy balloon floating over the United States could contain “bioweapons” from “Wuhan,” invoking the “lab leak theory” that’s been embraced by Republicans.

After a Chinese surveillance balloon was spotted over the northern U.S. this week, Republicans have lashed out at President Joe Biden over his perceived “weakness” in his administration’s policy towards China. Calling for the president to “shoot down” the craft, some in the GOP called the president “Beijing Biden” while claiming this is further proof that “Communist China” doesn’t “fear or respect” Biden.

By Bruce Bingham

By Bruce Bingham

While the Pentagon has balked over conservative demands to take down the balloon, noting that falling debris could injure or kill civilians, the Biden administration has postponed Secretary of State Antony Blinken’s upcoming trip to China. China, meanwhile, has insisted the suspected spycraft is really just a “civilian airship” that “deviated far from its planned course.”

Amid the Republican handwringing over the Chinese balloon, Comer appeared on Fox News’ The Faulkner Focus to react. And he immediately jumped into conspiratorial waters.

“I have concern this will be another example of the Biden administration’s weakness on the national scale,” he declared. “You look at what happened in Afghanistan. That hurt the reputation of America’s military strength. That hurt the reputation of our commander-in-chief. And now we have China clearly playing games with the United States.”

After saying the balloon “never should have been allowed” to cross over into the U.S., the Kentucky lawmaker then fear-mongered that the craft could be loaded down with weaponized viruses. “My concern is that the federal government doesn’t know what’s in that balloon,” he asserted. “Is that bioweapons in that balloon? Did that balloon take off from Wuhan?”

Um . . . Okay.

For some actual news about the situation, here’s Lily Kuo at The Washington Post: China rushes to cap damage over suspected spy balloon as Blinken delays trip.

Beijing on Saturday offered a subdued rebuttal to Washington’s decision to delay a high-level visit after a suspected Chinese spy balloon was discovered hovering over the United States, derailing China’s recent efforts to repair its most important bilateral relationship.

Hours before U.S. Secretary of State Antony Blinken was to take off, Washington postponed the trip, saying it “would not be appropriate” after the discovery of the airship floating around 60,000 feet above the central United States.

The Chinese Foreign Ministry said in a statement Saturday that the presence of a Chinese airship in U.S. airspace was “completely an accident,” and was caused by westerly winds knocking the balloon off course. It reiterated claims that the balloon was for scientific research such as collecting weather data, and accused “some U.S. politicians and media” of taking advantage of the situation to discredit China, which “firmly opposes this.” [….]

Blinken had been expected to meet Chinese leader Xi Jinping on the trip, and while few expected concrete results, officials on both sides hoped it would start the process of capping tensions over issues such as Taiwan, U.S. sanctions targeting Chinese tech companies, human rights and China’s friendship with Russia. The trip would help pave the way for a potential visit to the United States by Xi when San Francisco hosts an Asia-Pacific Economic Cooperation leaders’ meeting in November.

The balloon incident, on the eve of such a critical meeting, raises questions over whether it was an accident or a deliberate effort by Beijing to send a message to Washington. (The Pentagon said Thursday that the air vehicle is not currently considered a threat to people on the ground.) In either case, it is a setback for China’s leadership.

Linda Lee NELSON - Catherine La Rose

By Linda Lee Nelson

Ariane de Vogue has a scoop at CNN on the Supreme Court’s careless handling of sensitive information: Exclusive: Supreme Court justices used personal emails for work and ‘burn bags’ were left open in hallways, sources say.

Long before the leak of a draft opinion reversing Roe v. Wade, some Supreme Court justices often used personal email accounts for sensitive transmissions instead of secure servers set up to guard such information, among other security lapses not made public in the court’s report on the investigation last month.

New details revealed to CNN by multiple sources familiar with the court’s operations offer an even more detailed picture of yearslong lax internal procedures that could have endangered security, led to the leak and hindered an investigation into the culprit.

Supreme Court employees also used printers that didn’t produce logs – or were able to print sensitive documents off-site without tracking – and “burn bags” meant to ensure the safe destruction of materials were left open and unattended in hallways.

“This has been going on for years,” one former employee said.

The problem with the justices’ use of emails persisted in part because some justices were slow to adopt to the technology and some court employees were nervous about confronting them to urge them to take precautions, one person said. Such behavior meant that justices weren’t setting an example to take security seriously.

The justices were “not masters of information security protocol,” one former court employee told CNN.

In a statement attached to the final report, the court called the leak a “grave assault” on the court’s legitimacy and the marshal of the court issued a road map to improve security.

More details at the CNN link.

We’re getting more information about what’s in that new tell-all book by Mark Pomerantz, a former prosecutor in the Manhattan District Attorney’s office–one of the two who resigned in disgust when incoming DA Alvin Bragg decided not to prosecute Trump.

Former prosecutor Andrew Weissman reviews the book at The New York Times: An insider’s critical view of an investigation of Donald Trump.

In February 2022, Mark Pomerantz was a lead attorney in the Manhattan district attorney’s investigation of former president Donald Trump and his business practices when he abruptly resigned. He cited frustration over what he saw as the office’s flagging commitment to the inquiry. Pomerantz, a renowned former prosecutor and defense lawyer, had been recruited in February 2021 by then-district attorney Cyrus Vance to assist in the long-running investigation. In his resignation letter, Pomerantz asserted that the new DA, Alvin Bragg, had “suspended indefinitely” the investigation and said that Pomerantz did not want “to become a passive participant in what I believe to be a grave failure of justice.”

Elena Berezina - Portrait of K.F. Venevtseva

Elena Berezina – Portrait of K.F. Venevtseva

Pomerantz has now expanded on his views in a book, “People vs. Donald Trump: An Inside Account.” However, in the time between Pomerantz’s resignation and the book’s publication, Bragg’s investigation of Trump has taken another turn. The district attorney’s office has impaneled a grand jury and begun hearing evidence in a sharp ramping up of its inquiry into, among other things, Trump’s role in payments to adult-film star Stormy Daniels during the 2016 presidential campaign. As the office pushes forward on work that could lead to criminal charges against Trump, Bragg has publicly raised concerns that Pomerantz’s book could jeopardize any subsequent prosecution.

It is in this climate that Pomerantz’s book lands next week. His intent is to reveal what happened within the district attorney’s office during his year there. As he frames the question: “Why had the investigation, which by all accounts had been gaining steam and seemed likely to lead to criminal charges against the former president, come to a sudden stop?”

His assessment of the inner workings of the Manhattan district attorney’s office is brutal. Pomerantz contends that no criminal case emerged against Trump because the DA’s team of career prosecutors was simply not up to the task. He paints an unflattering portrait of the career assistant district attorneys, particularly the many who disagreed with his own assessment of the potential criminal case. “They spoke about the need to follow the evidence,” Pomerantz writes, “but to my knowledge they had not actually looked at much of it.”

In his telling, the prosecutors come across as fainthearted, lacking “energy” and “enthusiasm,” and “relentlessly negative.” The team was faced with a possible first-of-its-kind prosecution of a former president, and, Pomerantz writes, the prosecutors were perhaps “a bit fearful about bringing charges against Trump,” given his well-known penchant for public retaliation. “They seemed to me,” Pomerantz observes, “to be exactly the kind of traditional, ‘let’s do things the way we have always done them’ prosecutors that kept the district attorney’s office from being resourceful and successful in white-collar cases.” Pomerantz reveals that Vance had “privately complained many times to me … about the slow-moving and ‘gun shy’ culture in the office.” Pomerantz believed the office needed a chief of staff, “a drill sergeant,” as he puts it, to “keep the team moving.” But out of the hundreds of assistant district attorneys, he argues, “there was no suitable candidate from within the office.”

Read the rest at the NYT.

Also at The New York Times, William K. Rashbaum, Ben Protess, and Jonah E. Bromwich write: Trump Likened to Mob Boss John Gotti in Ex-Prosecutor’s New Book.

Donald J. Trump grew his business, fortune and fame “through a pattern of criminal activity,” according to a new book by a veteran prosecutor, who reveals that the Manhattan district attorney’s office once considered charging the former president with racketeering, a law often used against the Mafia.

The prosecutor, Mark F. Pomerantz, resigned in protest early last year after the newly elected district attorney, Alvin L. Bragg, decided not to seek an indictment of Mr. Trump at that time. By then, the inquiry was more narrowly focused on whether the former president had fraudulently inflated the value of his assets to secure loans.

But for months beforehand, Mr. Pomerantz had mapped out a wide-ranging possible case against the former president under the state racketeering law, according to the soon-to-be published book, “People vs. Donald Trump.” That broader approach was based on the theory that Mr. Trump had presided over a corrupt business empire for years, a previously unreported aspect of the long-running inquiry.

girl-with-cat-merle-keller

Girl with cat, by Merle Keller

Mr. Pomerantz and his colleagues cast a wide net, examining a host of Trump enterprises — including Trump University, his for-profit real estate education venture, and his family charitable foundation.

“He demanded absolute loyalty and would go after anyone who crossed him. He seemed always to stay one step ahead of the law,” Mr. Pomerantz, a prominent litigator who has prosecuted and defended organized crime cases, writes of Mr. Trump. “In my career as a lawyer, I had encountered only one other person who touched all of these bases: John Gotti, the head of the Gambino organized crime family.”

The book, a copy of which was obtained by The New York Times, is a chronicle of the complicated and circuitous investigation, which produced charges against Mr. Trump’s longtime chief financial officer and his family business, but has yet to yield formal accusations against the former president himself.

Mr. Pomerantz’s book arrives as the investigation is ramping up once again, with prosecutors impaneling a new grand jury to hear evidence about Mr. Trump’s role in paying hush money to a porn star, Stormy Daniels, during the 2016 presidential campaign. Mr. Bragg’s administration, which has raised ethical and legal concerns about Mr. Pomerantz’s revealing details of the inquiry, is also applying additional pressure on the former chief financial officer, Allen H. Weisselberg, seeking to secure his cooperation against the former president.

That’s it for me today; what stories have piqued your interest? Have a great Caturday, Sky Dancers!!


Thursday Reads: Groundhog Day in the Year of the Rabbit

Good Afternoon!!

Marc Chagall, The Dream (the Rabbit) 1927

Marc Chagall, The Dream (the Rabbit) 1927

Today is Groundhog Day, and it looks like we are in for 6 more weeks of winter. CNN: Punxsutawney Phil left his burrow for his annual prediction. Here’s how much longer winter will last according to the legend, by CNN Meteorologist Monica Garrett

Punxsutawney Phil – the legendary groundhog weather watcher – woke up and saw his shadow Thursday morning, calling for six more weeks of winter.

Each February 2, on Groundhog Day, the members of the Punxsutawney Groundhog Club make the pilgrimage to Gobbler’s Knob, Phil’s official home.

The group waits for Phil to leave his burrow and, legend has it, if he sees his shadow we’re in for six more weeks of winter. If he doesn’t, we get to bask in an early spring.

Scientifically speaking, winter will officially come to an end on the equinox on March 20, regardless of what Phil predicts. But Mother Nature doesn’t always follow the timetable, and neither does Phil….

Phil’s track record is not perfect. “On average, Phil has gotten it right 40% of the time over the past 10 years,” according to the National Centers for Environmental Information, a division of the National Oceanic and Atmospheric Administration, which manages “one of the largest archives of atmospheric, coastal, geophysical, aNend oceanic research in the world.”

Where I am, in Greater Boston, this winter has been very mild so far, but this weekend we are expecting record-breaking freezing cold temperatures. CBS Boston: Bitter cold sub-zero temperatures coming Saturday could be historic.

The WBZ Weather Team has issued a NEXT Weather Alert for a brutally cold Friday and Saturday.

We have a legit, Arctic front headed our way early on Friday. Behind it, the coldest air not only of this season, but perhaps, in several years or even decades!

The high temperature for the day on Friday will go into the books somewhere around 32 degrees. But, this comes early, just after midnight. The Arctic front rolls in after sunrise and temperatures will crash through the day.

By the evening commute, most of southern New England is in the single digits.

Overnight, we bottom out with most of the area dipping below zero.

There is potential for actual air temperatures to drop as low as -10 to -20 degrees by Saturday morning.

If the city of Boston were to hit -10, that would be the coldest reading recorded in over 60 years – since January 15, 1957! The low temperature record for the date on Saturday is -2 degrees (set way back in 1886), I would say odds are very high of beating that.

Combine that with the potential for wind gusts of more than 20 mph early on Saturday and wind chill readings are absolutely ridiculous. Worst-case scenario, parts of the area north and west of Boston could have feels-like temperatures between -20 and -30 degrees!

franz-marc-two-sleeping-rabbits-1913_u-l-q1ivwsg0

Franz Marc, Two sleeping rabbits, 1911

Yikes! It’s a good thing I just got my new air heat pump system installed yesterday. My town’s housing authority is changing over to the heat pump system in its 60-plus apartment buildings. We already had electric heat, but this system is supposed to be more efficient and therefore good for the environment. It will also provide us with air conditioning in the summer, so I won’t need to install my own air conditioner anymore. From The Washington Post, Dec. 13, 2022: What is a heat pump, and should I get one?

If you’ve been hearing a lot about heat pumps but you still don’t really understand what one is, you’re not alone. In places such as Sweden and Switzerland, they’ve long been a common option for controlling the temperature of homes. But heat pumps have only recently gained traction in the United States thanks to a global energy crisis and rising awareness that the all-electric systems are more efficient than typical furnaces and air conditioners. Their profile also got a boost in the summer with the passage of the Inflation Reduction Act, which includes incentives for adopting them….

Despite their name, heat pumps can both heat and cool a space. They work by transferring heat rather than creating it. In cold weather, they pump heat from outside your home to the inside to warm your interior. An outdoor unit extracts warm air, then sends it traveling through a refrigerant line connected to an indoor unit. The air gets compressed along the way, which heats it up even more before it gets pushed into the home. In warm weather, the system does the reverse: sucking up warm air from inside and pumping it outdoors (which is also how a typical air conditioner works).

Of course, this all raises an obvious question: In the winter, where does the heat pump find warmth outside to bring indoors? As it turns out, even when it’s tremendously chilly, there’s still thermal energy in the air and ground. (Heat energy is present as long as the temperature remains above absolute zero.) [….]

Heat pumps are more energy efficient than fossil-fuel-reliant furnaces and air conditioners because they run solely on electricity. And they don’t actually generate heat — remember, they just move it from one location to another — so they use less energy than other electric-powered heating and cooling systems, too.

Unfortunately, the new heating device takes up quite a bit of wall space, so two tall bookcases needed to be moved. Thank goodness, my brother and sister-in-law took care of that. It pays to have much-younger siblings! But enough about my boring life. Here are some news stories that piqued my interest today:

There’s another follow-up to the blockbuster NYT article about the failed Durham investigation of the origins of the FBI’s investigation Trump and Russia. Charlie Savage at The New York Times: Lawmakers Call for Inquiry Into Durham’s Review of Russia Investigation.

Two House Democrats urged the Justice Department’s independent inspector general on Wednesday to open an investigation into the special counsel review of the Russia inquiry, citing “alarming” disclosures in a recent New York Times article.

The article, which showed how the special counsel’s review became roiled by disputes over prosecutorial ethics, “reveals possible prosecutorial misconduct, abuse of power, ethical transgressions and a potential cover-up of an allegation of a financial crime committed by the former president,” the lawmakers wrote. In a four-page letter to the inspector general, Michael E. Horowitz, they asked that he scrutinize whether the special counsel, John H. Durham, or the attorney general who appointed him, William P. Barr, “violated any laws, D.O.J. rules or practices, or canons of legal ethics.”

happy-easter.Michael Sowa

Happy Easter, by Michael Sowa

Because Democrats are in the minority in the House, the two lawmakers — Representatives Ted Lieu of California and Dan Goldman of New York — lack the power to convene their own oversight hearings into the matter. But on Monday, the Democratic chairman of the Senate Judiciary Committee, Richard J. Durbin of Illinois, suggested that he would hold oversight hearings into Mr. Durham’s inquiry along with other aspects of how the Trump administration handled the Justice Department.

The report is “but one of many instances where former President Trump and his allies weaponized the Justice Department,” Mr. Durbin said in a statement, adding that his committee would “do its part and take a hard look at these repeated episodes, and the regulations and policies that enabled them, to ensure such abuses of power cannot happen again.”

Mr. Barr assigned Mr. Durham to scour the Russia investigation for any wrongdoing in the spring of 2019 and later bestowed special counsel status on him, entrenching him to stay in place after Donald J. Trump lost the 2020 election. Mr. Durham developed two cases centered on charges of false statements, both of which ended in acquittals, and he is completing a report about his investigation, which has lasted four years.

Read more at the NYT.

Here’s another important story by Adam Goldman and Alan Feuer at The New York Times: Bias and Human Error Played Parts in F.B.I.’s Jan. 6 Failure, Documents Suggest.

Days before the end of the 2020 presidential race, a team of F.B.I. analysts tried to game out the worst potential outcomes of a disputed election.

But of all the scenarios they envisioned, the one they never thought of was the one that came to pass: a violent mob mobilizing in support of former President Donald J. Trump.

The team’s work, which has never been reported, is just the latest example of how the Federal Bureau of Investigation was unable to predict — or prevent — the chaos that erupted at the Capitol on Jan. 6, 2021. Apparently blinded by a narrow focus on “lone wolf” offenders and a misguided belief that the threat from the far left was as great as that from the far right, the analysis and other new documents suggest, officials at the bureau did not anticipate or adequately prepare for the attack.

The story of the F.B.I.’s missteps in the weeks leading up to Jan. 6 was touched upon, but not fully explored, by the House select committee investigating Jan. 6 and may involve a mix of legal hurdles, institutional biases and simple human error….

There was no single failure. Agents ignored warning signs flashing in the open on social media and relied on confidential sources who either knew little or failed to sound the alarm. Still, even recently, bureau officials have played down not preventing the worst assault on the Capitol since the War of 1812.

“If everybody knew and all the public knew that they were going to storm Congress, I don’t know why one person didn’t tell us,” Jennifer L. Moore, the top intelligence official at the F.B.I.’s Washington field office at the time, told congressional investigators. “Why didn’t we have one source come forward and tell me that?” [….]

Now, the F.B.I. is conducting an internal review of what happened on Jan. 6 tassess what it describes as lessons learned and to “make improvements in communication and in the collection, analysis and sharing of information.” The Justice Department’s inspector general is also scrutinizing the bureau’s preparation and response.

There’s much more at the NYT link.

rabbit-1908, Henri Rousseau

Henri Rousseau, Rabbit, 1908

House Republicans have been planning more ridiculous investigations as well as idiotic legislation, but they haven’t made a lot of progress yet. NBC News: Congress is off to a spectacularly slow start, and members fear it won’t get better.

The House, paralyzed for days, struggled to elect a speaker.The Senate is holding symbolic votes just to pass the time. America’s most powerful lawmakers have been twiddling their thumbs, unable to hold hearings because committees aren’t set up.

Welcome to the Seinfeld Congress. It’s a show about nothing.

One month in, the 118th Congress is off to a spectacularly sluggish start, frustrating some lawmakers and foreshadowinga messy two years of divided government in a presidential election cycle where very little is expected to get done.

Forget making historic laws. It’s not even clear the new Congress can agree to keep the government functional or prevent a self-imposed economic meltdown.

“I have very low expectations,” Rep. Gerry Connolly, D-Va., said in an interview. “I would predict — and I hope I’m wrong — this will prove to be one of the least productive congresses in modern history because of the dysfunctionality of an unstable majority.”

The Senate isn’t accomplishing much either, according to the article.

The Democratic-controlled Senate voted only three times in the entire month of January. During the first month of 2017, the Senate voted 35 times; in 2015, it voted 46 times….

Last week, the Senate held a vote on a measure to designate January as “National Stalking Awareness Month” — which faced no opposition and could have been adopted instantly. But the chamber apparently had nothing to do that day and needed to fill the time.

On Tuesday, usually one of the busiest days of the legislative week, the Senate didn’t vote at all. And on Wednesday, the Senate voted on a resolution declaring January as “National Trafficking and Modern Slavery Prevention Month.” The vote was 97 to 0, indicating again that a recorded vote was unnecessary; the chamber could have approved it by unanimous consent….

On Wednesday, six days after Senate Democrats announced their committee assignments, Senate Republicans followed suit. Majority Leader Chuck Schumer, D-N.Y., said Wednesday the delay was because the GOP committee process was “a little more cumbersome than ours” and that he’s “very hopeful” that the committees can be officially put together on Thursday.

Another huge problem for the Republicans in the House has been newly elected, scandal-ridden Rep. George Santos. Here’s the latest:

Politico: Feds probing Santos’ role in service dog charity scheme.

FBI agents are investigating Rep. George Santos’ role in an alleged GoFundMe scheme involving a disabled U.S. Navy veteran’s dying service dog.

Two agents contacted former service member Richard Osthoff Wednesday on behalf of the U.S. Attorney’s Office in the Eastern District of New York, he told POLITICO.

Osthoff gave the agents text messages from 2016 with Santos, who he says used his plight to raise $3,000 for life-saving surgery for the pit bull mix, Sapphire — then ghosted with the funds, as first reported by Patch.

Mark Bryan, Mo Bunny, Mo Problems

Mark Bryan, Mo Bunny, Mo Problems

“I’m glad to get the ball rolling with the big-wigs,” Osthoff said in an interview Wednesday. “I was worried that what happened to me was too long ago to be prosecuted.”

The alleged fundraising scheme is one of many scandals plaguing the freshman Republican, who has refused to leave office despite a series of allegations of lying and fraud that first came to light in December shortly after he won a swing seat on Long Island.

New York Democratic Reps. Ritchie Torres and Daniel Goldman, who called for a Federal Election Commission investigation into Santos’ campaign finances last month, welcomed the news that the Eastern District investigation is proceeding at a serious clip.

“Only the U.S. attorneys are capable of moving at the speed that’s necessary,” Torres said in an interview.

“There’s no one that poses a greater threat in Congress than Santos. It’s undeniable that he’s broken the law. We have to protect Congress from George Santos, who threatens it from within,” Torres said.

Andrew Kakzynski at CNN: Inside George Santos’ transformation from Anthony Devolder into a political figure.

The transformation of George Santos began in 2019, the year he went from Anthony Devolder, just another New Yorker sharing political musings on social media, to a Republican congressional candidate with a compelling fictional resume.

His improbable rise to the House of Representatives started as he joined a group of pro-Donald Trump activists at a time when the House GOP had just been defeated by a blue wave in 2018. He was young, gay and Latino, and appeared on the conservative scene as activists from more diverse backgrounds were gaining more attention and becoming influencers in Republican social media circles.

The formerly apolitical Santos, who had mostly posted on social media about celebrities, suddenly embraced conservative politics as he got to know grassroots Republicans at in-person events and on Facebook. CNN’s KFile reviewed hundreds of his posts on a half-dozen accounts to chronicle the pivotal transformation.

Until 2019, he didn’t post conservative-leaning content and enthusiastically posted on Facebook about ordering a “One Nation, No God” shirt in LGBT colors in 2016. One picture he shared in 2014 showed him posing with Bethenny Frankel, the former “Real Housewives” reality TV star, as an audience member on the set of her short-lived talk show. Video of the episode shows Santos looking under his chair to see if he won a $500 QVC gift card.

Beginning in January 2019, Santos started firing off tweets on his political views. He sent many opposing abortion. In others, he made negative comments about politicians, including Rep. Alexandria Ocasio-Cortez, a Democrat from the Bronx, and then-New York Democratic Gov. Andrew Cuomo. Most of the posts received no likes or retweets, but that lack of engagement didn’t deter him from political activism – and ultimately paid off when he finally won political offic

Kakzynski provides an interesting timeline of Santos’ transformation to political activist and then candidate. Check it out at CNN.

Renaissance Rabbit, David Henderson

Renaissance Rabbit, David Henderson

More on House happenings from NBC News: Fireworks in House after Democrat says ‘insurrectionists’ should be banned from leading Pledge of Allegiance.

A routine House committee meeting erupted into a heated, nearly hourlong debate Wednesday over the Pledge of Allegiance, with one Democratic lawmaker saying that “insurrectionists” who backed former President Donald Trump’s efforts to overturn the 2020 election should be banned from leading it.

The fiery back-and-forth took place in a House Judiciary Committee meeting where members set rules for the current Congress. It began after Rep. Matt Gaetz, R-Fla., offered an amendment that would give the committee the opportunity to begin each of its meetings with the Pledge of Allegiance. He said the rule would give members “the ability to invite inspirational constituents” to be able to share and lead in the pledge.

Rep. Jerry Nadler, D-N.Y., the committee’s ranking member, immediately objected, arguing that House members already recite the pledge on the floor every day. “I don’t know why we should pledge allegiance twice in the same day to show how patriotic we are,” he said.

Rep. Hank Johnson, D-Ga., noted that many Republicans on the committee voted against certifying the 2020 presidential election on Jan. 6, 2021. Rep. David Cicilline, D-R.I., then said he was introducing an amendment to Gaetz’s amendment that clarified that the pledge cannot be led by anyone who has supported an insurrection against the United States in any way.

“This pledge is an affirmation of your defense of democracy and the Constitution,” Cicilline. “It’s hard to take that claim seriously if in fact, an individual in any way supported an insurrection against the government.”

Gaetz began sparring with Cicilline, saying that he was concerned the Democrat’s proposal would make many Democrats on the panel ineligible to lead the pledge, too, because of previous elections when some in their party objected to electors.

“I’m concerned that you may be disqualifying too many of your own members,” Gaetz said, as the two of them yelled over each other.

“I’m talking about elected officials who swear an oath to the Constitution of the United States, who in any way participated, supported, facilitated, encouraged the insurrection against the United States,” Cicilline said. “That’s not too hard a standard.”

LOL

One more before I wrap this up. Hunter Biden is finally fighting back. The Washington Post: Hunter Biden’s lawyers, in newly aggressive strategy, target his critics.

Hunter Biden’s lawyers, in a newly aggressive strategy, sent a series of blistering letters Wednesday to state and federal prosecutors urging criminal investigations into those who accessed and disseminated his personal data — and sent a separate letter threatening Fox News host Tucker Carlson with a defamation lawsuit.

The string of letters, which included criminal referrals and cease-and-desist missives aimed at critics and detractors, marked the start of a new and far more hard-hitting phase for the president’s son just as House Republicans prepare their own investigations into him.

Abbe Lowell, a recently hired lawyer whom Biden enlisted about a month ago, sent lengthy letters to the Justice Department and Delaware’s attorney general requesting investigations into several key players who were involved in disseminating data from a laptop that Biden is said to have dropped off at a repair shop in Wilmington, Del.

Bryan M. Sullivan, another lawyer now representing Biden, sent a separate communication to Carlson and Fox News demanding that they correct falsehoods from his recent show or risk a possible defamation lawsuit.

And in another letter, Lowell wrote to the Internal Revenue Service challenging the nonprofit status of Marco Polo, a group that is run by conservative activist Garrett M. Ziegler. Lowell provided 36 pages as evidence that the group is engaging in political activity in violation of its nonprofit status.

Taken together, the actions represent the boldest and most aggressive moves to date from Biden, who has often heeded the advice of those who urged him not to make public waves. Those close to President Biden and the White House have preferred a more conservative approach, but some individuals around Hunter Biden have wanted to be more assertive in telling his side of the story and going more directly after his opponents.

Read more at the WaPo.

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


Tuesday Reads: Stormy Weather

cliffs-of-varengeville-gust-of-wind-Claude Monet

Cliffs of Varengeville, gust of wind, by Claude Monet

Good Afternoon!!

We can all agree that the right-wingers on the Supreme Court have created problems not only for women, but for all of American society. They seem determined to turn this country into a theocracy dominated by so-called “christians” who don’t follow Jesus’s teachings. In fact, they don’t seem interested in the New Testament at all. They prefer the fire and brimstone god of the Old Testament.

Linda Greenhouse, who reported on the Court for The New York Times for many years before leaving in 2021, has returned with an important op-ed.

The New York Times: The Latest Crusade to Place Religion Over the Rest of Civil Society.

Federal civil rights law requires employers to accommodate their employees’ religious needs unless the request would impose “undue hardship on the conduct of the employer’s business.” Congress didn’t bother to define “undue hardship,” so 46 years ago the Supreme Court came up with a definition of its own.

An accommodation requiring an employer “to bear more than a de minimis cost” — meaning a small or trifling cost — need not be granted, the court said in Trans World Airlines v. Hardison. In that case, an airline maintenance worker claimed a legal right to avoid Saturday shifts so he could observe the tenets of the Worldwide Church of God, which he had recently joined. Ruling for the airline, the court noted that if one worker got Saturdays off for religion reasons, the burden would fall on other workers who might have nonreligious reasons for wanting to have the weekend off.

“We will not readily construe the statute to require an employer to discriminate against some employees in order to enable others to observe their Sabbath,” the court said.

Treating religion as nothing particularly special, the decision reflected the spirit of the times but was deeply unpopular in religious circles. There have been many attempts over many years to persuade Congress to amend the law, Title VII of the Civil Rights Act of 1964, to shift the balance explicitly in favor of religiously observant employees. Between 1994 and 2019, more than a dozen such bills were introduced. None emerged from Congress.

And so now, a very different court from the one that ruled 46 years ago is about to do the work itself.

Now the Court has agreed to hear a case that may move us further away from the separation of church and state.

The appeal was brought by a conservative Christian litigating group, First Liberty Institute, on behalf of a former postal worker, Gerald Groff, described as a Christian who regards Sunday as a day for “worship and rest.”

flood_at_port-marly_Alfred Sisley

Flood at Port Marly, by Alfred Sisley

Mr. Groff claimed a legal right to avoid the Sunday shifts required during peak season at the post office where he worked. Facing discipline for failing to show up for his assigned shifts, he quit and filed a lawsuit. The lower courts ruled against him, with the Philadelphia-based U.S. Court of Appeals for the Third Circuit expressing no doubt that the disruption and loss of morale Mr. Groff’s absences caused in the small rural post office where he worked exceeded the de minimis threshold that the Supreme Court’s 1977 precedent requires an employer to demonstrate.

The decision to hear his appeal brings the Supreme Court to a juncture both predictable and remarkable. It is predictable because Justices Samuel Alito, Clarence Thomas and Neil Gorsuch have all called for a case that would provide a vehicle for overturning a precedent that is clearly in tension with the current court’s privileging of religious claims above all others, whether in the context of public health measures during the Covid-19 pandemic or anti-discrimination claims brought by employees of religious organizations.

The court in 1977 worried about the burden on nonreligious workers from accommodations granted to their religious colleagues. To today’s court, as Justice Alito has repeatedly expressed it, the real victims of discrimination are those who take religion seriously.

Read the rest at the NYT link.

The wingnuts on the Supreme Court have already dealt a terrible blow to women’s rights by giving “christian” evangelicals what they long dreamed of–overturning nearly 50 years of women’s rights to make their own reproductive choices. The reversal of Roe v. Wade also drove a truck through the wall of separation between church and state, since the anti-abortion movement is largely based on “christian” evangelical “values.” Ever since that decision, republicans in state legislatures have worked to make getting an abortion more difficult than ever–in some ways more difficult than before Roe.

Abigail Tracy at Vanity Fair: Republicans Are Only Getting Sneakier With Their Antiabortion Proposals.

Kansans may have resoundingly rejected an antiabortion referendum last year, by a striking double-digit margin, to ensure reproductive rights remain enshrined in the state constitution, but that wasn’t deterrence enough for the state’s Republican legislators. Nor was, apparently, the Republican Party’s relatively poor performance this past midterm cycle—one largely defined by the fall of Roe v. Wade. “I’m hearing a lot from my constituents who believe we should continue to do more to help the unborn,” Wichita state senator Chase Blasi told reporters earlier this month, proposing a law that would allow cities and counties to regulate abortions, in spite of state protections.

These first few weeks of 2023 suggest it’s not that Republican lawmakers missed the abortion memo—they simply don’t seem to care. In Washington, a newly empowered Republican House passed an antiabortion bill during its first full week in the majority. And across the country, Republican state lawmakers continue the crusade against reproductive rights, attempting to find ways to circumvent popular opinion, and even statutory protections.

“We knew all along that they weren’t going to be satisfied with overturning Roe v. Wade,” Abby Ledoux, a spokesperson for Planned Parenthood Action Fund, says of antiabortion lawmakers and activists in an interview with Vanity Fair. Reflecting on the slew of legislation that has been introduced in state houses across the country so far this year, Ledoux adds, “They’re not done and they’re coming for more rights.”

Wind-Beaten_Tree,_A,, Vincent Van Gogh

Wind-Beaten Tree, by Vincent Van Gogh

Since the start of the year, across 27 states, more than 105 bills that would restrict abortion have been filed or prefiled—(meaning, not all of them have been formally introduced), according to Planned Parenthood Action Fund. Many of these bills would ban abortion—some at fertilization; six bills—filed in Kansas, Missouri, New Hampshire, Texas, Wyoming, and West Virginia—would specifically target medication abortions, according to the fund; others would impose harsh criminal penalties for doctors and abortion-seekers. Of course, not all of these bills are expected to pass, but they do lay bare the ever changing legal and political landscape in post-Roe America.

It isn’t just the overt attempts at restricting abortion access that concern reproductive rights activists. But also what Ledoux refers to as “underhanded attempts” and “work-arounds” that have the potential to “subvert democracy, to thwart the will of the people, and to really rig the game” in pursuit of unpopular political agendas. For instance, in Ohio, Republican lawmakers introduced a bill that would require a supermajority threshold of 60%, as opposed to a simple majority of voters, to pass ballot measures to amend the state constitution. Similar legislation was also introduced in Arizona.

According to Axios, the Biden administration is considering fighting back with actions they previously shied away from: Biden administration mulls public health emergency declaration on abortion.

The Biden administration is weighing a plan to declare a public health emergency that would free up resources to help people access abortions.

….Both abortion rights advocates and Democratic lawmakers have urged the Department of Health and Human Services and President Biden to take such a step in response to the overturning of Roe v. Wade, which they say has created a “full-scale reproductive health crisis” across the U.S.

The lawmakers argued that such a move would allow the administration to help support states that protect abortion, deploy Public Health Services Corps teams and give the government “the ability to accelerate access to new medications authorized for abortion.”

….”There are discussions on a wide range of measures … that we can take to try to protect people’s rights,” HHS Secretary Xavier Becerra told Axios during a pair of Monday public events that touched on reproductive health access.

“There are certain criteria that you look for to be able to declare a public health emergency. That’s typically done by scientists and those that are professionals in those fields who will tell us whether we are in a state of emergency and based on that, I have the ability to make a declaration,” Becerra added, when asked about a public health emergency declaration on abortion.

He said that there hasn’t been a “full assessment” on what a declaration on abortion would look like and whether conditions merit it, but there’s still “an evaluation” on the topic.

More details at the Axios link.

dodges-ridge-andrew-wyeth-1947-

Dodges Ridge, by Andrew Wyeth

Speaking of politicians trying to take away our rights, Ron DeSantis is going further than almost any other governor. He really doesn’t want school children to learn anything about LGBT issues or about the history of African Americans in the U.S.; and he’s banning so many books that the library shelves in schools are nearly empty.

This is from a guest essay at The New York Times by Janai Nelson, president and director-counsel of the Legal Defense Fund: Ron DeSantis Wants to Erase Black History. Why?

An unrelenting assault on truth and freedom of expression in the form of laws that censor and suppress the viewpoints, histories and experiences of historically marginalized groups, especially Black and L.G.B.T.Q. communities, is underway throughout the country, most clearly in Florida. The state’s Department of Education recently rejected a pilot Advanced Placement African American studies course from being offered in Florida’s public high schools.

Under Gov. Ron DeSantis’s “Stop WOKE” law — which would limit students and teachers from learning and talking about issues related to race and gender — Florida is at the forefront of a nationwide campaign to silence Black voices and erase the full and accurate history and contemporary experiences of Black people. The NAACP Legal Defense and Educational Fund Inc., the American Civil Liberties Union, the A.C.L.U. of Florida and Ballard Spahr filed a lawsuit on behalf of university professors and a college student opposing the “Stop WOKE” law and, along with a second lawsuit, won a preliminary injunction blocking Florida’s Board of Governors from enforcing its unconstitutional and racially discriminatory provisions at public universities.

Florida’s rejection of the A.P. course and Mr. DeSantis’s demand to excise specific subject areas from the curriculum stand in stark opposition to the state-issued mandate that all students be taught “the history of African Americans, including the history of African peoples before the political conflicts that led to the development of slavery, the passage to America, the enslavement experience, abolition and the contributions of African Americans to society.” [….]

Mr. DeSantis’s “Stop WOKE” law relegates the study of the experiences of Black people to a prohibited category. The canceling of any students’ access to accurate, truthful education that reflects their diverse identities and that of their country should chill every American. Not only do these laws offend First Amendment freedoms of speech and expression; to the extent they harm certain groups on the basis of race, gender or other protected status, they also violate principles of equal protection. And they are a chilling precursor to state-sponsored dehumanization of an entire race of people.

This disturbing pattern of silencing Black voices and aggressive attempts to erase Black history are one of the most visible examples of performative white supremacy since the presidency of Donald Trump.

There’s much more at the NYT link.

On DeSantis’s book banning project:

Hannah Natanson at The Washington Post: Hide your books to avoid felony charges, Fla. schools tell teachers.

Students arrived in some Florida public school classrooms this month to find their teachers’ bookshelves wrapped in paper — or entirely barren of books — after district officials launched a review of the texts’ appropriateness under a new state law.

School officials in at least two counties, Manatee and Duval, have directed teachers this month to remove or wrap up their classroom libraries, according to records obtained by The Washington Post. The removals come in response to fresh guidance issued by the Florida Department of Education in mid-January, after the State Board of Education ruled that a law restricting the books a district may possess applies not only to schoolwide libraries but to teachers’ classroom collections, too.

House Bill 1467, which took effect as law in July, mandates that schools’ books be age-appropriate, free from pornography and “suited to student needs.” Books must be approved by a qualified school media specialist, who must undergo a state retraining on book collection. The Education Department did not publish that training until January, leaving school librarians across Florida unable to order books for more than a year.

Breaking the law is a third-degree felony, meaning that a teacher could face up to five years in prison and a $5,000 fine for displaying or giving students a disallowed book.

I can just imagine the kinds of people who would take one of those “media specialist” jobs and then undergo “state retraining.”

The efforts to conceal titles in Manatee and Duval have stirred outrage from educators and parents, many of whom shared images of bare wooden shelves or books veiled behind sheets of colored paper. Teachers wrote in Facebook posts and text messages that they are angry and disheartened. District officials in both counties have emphasized that the removals are temporary and will last only until staff can determine whether the titles meet the standards imposed by Florida law.

Alexander_Nepote-Stormy_Weather_1938

Stormy Weather, by Alexander Nepote

Michelle Jarrett, president of the Florida Association of Supervisors of Media, which assists school library administrators and programs statewide, said that “closing and covering up classroom libraries does nothing to ensure Florida’s students remain on track for reading success.” [….]

And Marie Masferrer, a board member of the Florida Association for Media in Education and a school librarian who used to work in the Manatee County system and remains in close touch with former colleagues in that district, said they have told her that students are struggling.

At one school, “the kids began crying and writing letters to the principal, saying, ‘Please don’t take my books, please don’t do this,’” Masferrer said.

If DeSantis runs for president in 2024 against Trump, we are going to witness a Republican shit show that will be far worse than 2016 and 2020. DeSantis may be pandering to the crazies, but Trump has truly gone over the edge.

Raw Story: Trump says he’s proud to have trusted Putin over ‘slime’ US intelligence agencies.

Former President Donald Trump in 2018 had an infamous press conference with Russian President Vladimir Putin in the Finnish capital of Helsinki in which he signaled that believed Putin’s denials about having interfered in the 2016 election despite assessments to the contrary from American intelligence agencies.

Four-and-a-half years later, Trump is now touting his trust of Putin over American intelligence agencies as a source of pride.

In a post on his Truth Social account, the former president attacked former officials at the FBI and CIA whom he accused of trying to undermine his presidency by investigating his campaign’s multiple contacts with Russian agents during the 2016 presidential race.

“Remember in Helsinki when a 3rd rate reporter asked me, essentially, who I trusted more, President Putin of Russia, or our ‘Intelligence’ lowlifes,” he wrote. “My instinct at the time was that we had really bad people in the form of James Comey, McCabe (whose wife was being helped out by Crooked Hillary while Crooked was under investigation!), Brennan, Peter Strzok (whose wife is at the SEC) & his lover, Lisa Page. Now add McGonigal & other slime to the list. Who would you choose, Putin or these Misfits?”

I’m getting a headache just reading all this stuff. I hope I’m not giving you one too.

Ludolf_Bakhuizen_-_Fishing_Boats_and_Coasting_Vessel_in_Rough_Weather_-_WGA01132

Fishing Boats in Rough Weather, by Ludolf Bakhuizen

Last Friday, Dakinikat wrote about the New York Times article on the failure of the Barr/Durham so-called investigation of the origins of Robert Mueller’s probe of Russian influences on the 2016 Trump campaign. This is a reaction from Greg Sargent at The Washington Post: Awful new details about the Durham probe demand a serious response.

The New York Times disclosed extraordinary new revelations this past week about prosecutor John Durham’s years-long quest to delegitimize the FBI investigation into Russian interference in the 2016 election. In 2019, this obsession of President Donald Trump was initiated by his attorney general, William P. Barr, but as the Times found, Durham’s effort was itself profoundly tainted.

Now, because Democrats have 51 Senate seats after gaining one in the midterm elections, they have subpoena power on Senate committees that were previously divided. That means the Judiciary Committee is in a position to investigate the Barr-Durham escapades.

Sen. Richard J. Durbin (D-Ill.), the Judiciary Committee chair, is signaling such an intent. In an emailed statement, Durbin said that reports of Durham’s “abuses” are “outrageous,” and “one of many instances” in which Trump and Barr “weaponized the Justice Department.”

Durbin added that his committee “will do its part and take a hard look at those repeated episodes, and the regulations and policies that enabled them, to ensure such abuses of power cannot happen again.”

That’s encouraging, but how far will this investigation go? The Times report finds that Barr relentlessly pushed Durham to substantiate Trump’s theory that the Russia investigation was a conspiracy by intelligence and law enforcement against him. But Durham’s effort petered out “without uncovering anything like the deep state plot” invented by Trump and Barr.

Worse, the Times also found bizarre irregularities. Durham relied on Russian intelligence memos to access emails of an adviser to financier George Soros, in hopes of finding evidence of improper collaboration between law enforcement and the Hillary Clinton campaign. It never materialized.

That, plus Barr’s habit of publicly hinting that Durham was on the trail of major wrongdoing — unscrupulously serving Trump’s political interests — were strongly opposed internally by Durham’s top deputy, the Times reports. Similarly, Durham leaned on the department’s inspector general to change his 2019 conclusion that the Russia probe was not politically motivated.

More at the WaPo.

Beach at Scheveningen in Stormy Weather, Vincent Van Gogh

Beach at Scheveningen in Stormy Weather, Vincent Van Gogh

And speaking of corruption, George Santos has decided to recuse himself from House committees. The Washington Post: Rep. George Santos is stepping down from committees amid fabrications about his biography.

Embattled Rep. George Santos (R-N.Y.) told House Republicans on Tuesday that he will step down temporarily from his committee assignments amid multiple investigations into his campaign finances after he lied about key aspects of his biography.

Santos, who has admitted to fabricating details about his education, work, religion and heritage since his election in November, said in a closed-door meeting of House Republicans that he would remove himself from his assignments on the House Small Business Committee and the Science, Space and Technology Committee.

Santos told the meeting he will step down because “he’s a distraction,” according to a Republican lawmaker who spoke on the condition of anonymity to discuss the private meeting. The conversation comes one day after Santos met with House Speaker Kevin McCarthy (R-Calif.)….

Emerging from the meeting, Santos declined to comment, saying, “I think you should talk to leadership if you want details pertaining to committees.”

It sounds like it wasn’t really Santos’ decision, lol. I guess McCarthy was sick and tired of the press hounding him about Santos.

That’s all I have for you today. Have a great Tuesday, everyone!