Thursday Reads: Come Hell and High Water

The Storm, Pierre-Auguste Cot, 1880, The Met

Good Day Sky Dancers!

I’m back from another few days of more excitement than I really need.  Fortunately, the worst of yesterday’s storms missed the City of New Orleans but more than a dozen tornadoes ravaged the south including states north and east of us.  I spent most of the evening fixated on the various radars identifying debris and hooks.  I can’t wait to get my weather station set up in the backyard!

There is some news coming out of the Justice Department about a criminal probe into the January 6 rally prep and funding. The Washington Post had most of its national security reporters on the story and it’s a big one!  They broke the story last night around supper time. “Justice Dept. expands Jan. 6 probe to look at rally prep, financing. Subpoena requests seek information about the planning for gathering outside White House that preceded Capitol riot”

In the past two months, a federal grand jury in Washington has issued subpoena requests to some officials in former president Donald Trump’s orbit who assisted in planning, funding and executing the Jan. 6 rally, said the people familiar with the matter, who spoke on the condition of anonymity to discuss an ongoing investigation.

The development shows the degree to which the Justice Department investigation — which already involves more defendants than any other criminal prosecution in the nation’s history — has moved further beyond the storming of the Capitol to examine events preceding the attack.

The events of Jan. 6, 2021, are a legally fraught puzzle for federal investigators. Prosecutors and FBI agents must distinguish between constitutionally protected First Amendment activity, such as speech and assembly, and the alleged conspiracy to obstruct Congress or other potential crimes connected to fundraising and organizing leading up to Jan. 6.

The task is also complicated by the proximity of those two very different types of activities — speech and violence — that occurred within hours of each other and less than a mile apart.

Edvard Munch, The Storm, 1893 MoMA

Also revealed yesterday were more details concerning the huge loss of phone logs on the day of the attack.  This is from the UK Guardian. “Revealed: Trump used White House phone for call on January 6 that was not on official log. Trump’s call to Republican senator should have been reflected in presidential call log on day of Capitol attack but wasn’t.”  There was some suspicion of the use of a burner phone or borrowed phones as BB discussed in earlier posts this week. This seems to show at least one phone call that wasn’t logged or was and then removed.

Donald Trump used an official White House phone to place at least one call during the Capitol attack on January 6 last year that should have been reflected in the internal presidential call log from that day but was not, according to two sources familiar with the matter.

The former president called the phone of a Republican senator, Mike Lee, with a number recorded as 202-395-0000, a placeholder number that shows up when a call is incoming from a number of White House department phones, the sources said.

The number corresponds to an official White House phone and the call was placed by Donald Trump himself, which means the call should have been recorded in the internal presidential call log that was turned over to the House select committee investigating the Capitol attack.

Trump’s call to Lee was reported at the time, as well as its omission from the call log, by the Washington Post and CBS. But the origin of the call as coming from an official White House phone, which has not been previously reported, raises the prospect of tampering or deletion by Trump White House officials.

It also appears to mark perhaps the most serious violation of the Presidential Records Act – the statute that mandates preservation of White House records pertaining to a president’s official duties – by the Trump White House concerning January 6 records to date.

This is from the Norm Eisen link to CNN and his OpEd co-authored with Fred Wertheimer. “Finally, a road map to hold Trump accountable.”

The resignation of two Manhattan prosecutors for their boss’s failure to charge former President Donald Trump over potential financial crimes last month has reignited debate over whether he will ever be held accountable for his alleged misdeeds.

That matters not only looking back but also going forward because perhaps his most notorious outrage — the big lie that he won the 2020 presidential election — has not halted. It continues to drive hundreds of voter suppression and election sabotage bills and anti-democratic candidates across the country. And it has captured and corrupted a significant faction of the Republican Party.

Thankfully, Judge David Carter’s decision on Monday, finding Trump “more likely than not” committed crimes, sets out a road map for finally imposing consequences for the big lie. It does so by tackling the thorniest legal issues regarding Trump, his enablers and the events in and around January 6, 2021 — and showing how they can be addressed by prosecutors.

Perhaps the most daunting of these is the question of Trump’s criminal intent. How can a prosecutor prove what Trump was thinking when he publicly claims good faith but refuses to testify, when those closest to him also resist or are hostile witnesses and when he does not use the prosecutor’s best friend, email?

Intent is where the Manhattan District Attorney’s financial case seemed to come a cropper. Whatever you think of the DA’s failure to prosecute financial crime, and we strongly disagreed, Carter offered a powerful array of evidence about democracy crimes.

Carter applies precedent to show that “a person does not need to know their actions are wrong to break the law.” Trump exceeded this threshold because he likely knew that right-wing lawyer John Eastman’s plan to throw out electoral votes was illegal. Carter cites the January 6 House select committee’s carefully compiled evidence that Trump was advised publicly and privately numerous times that there was absolutely no evidence of significant electoral fraud.

As the opinion notes, Trump’s calls to Georgia Secretary of State Brad Raffensperger in which he famously asked the secretary to “give (him) a break” and “find 11,780 votes” (one vote more than Biden’s margin of victory in that state) reveal the former President’s goal: not to undertake any legitimate investigation, but simply to overturn the election. This is strong evidence of a “corrupt mindset,” and it leads Carter to an eminently simple conclusion: “(t)he illegality of the plan was obvious.”

Edward Mitchell Bannister, Approaching Storm, 1886, Smithsonian American Art Museum,

I’d also like to use the Wayback Machine to visit Marcie’s Post of February 21 that covers “HOW JUDGE AMIT MEHTA ARGUED IT PLAUSIBLE THAT TRUMP CONSPIRED WITH TWO MILITIAS at Empty Wheel.

IT IS PLAUSIBLE THAT DONALD TRUMP ENTERED INTO A CONSPIRACY WITH TWO MILITIAS

As Judge Mehta laid out, accepting the claims alleged as true (which one must do on motions to dismiss), there were five things Trump did that made the plaintiffs’ claims of a conspiracy plausible, which is the standard required to reject the motion to dismiss:

  • They agreed to pursue the goal of disrupting the vote certification: “The President, the Proud Boys, the Oath Keepers, and others “pursu[ed] the same goal”: to disrupt Congress from completing the Electoral College certification on January 6th.”
  • Trump encouraged means of obstructing the vote count and the militias (and others) carried them out: “He knew the respective roles of the conspirators: his was to encourage the use of force, intimidation, or threats to thwart the Certification from proceeding, and organized groups such as the Proud Boys and the Oath Keepers would carry out the required acts.”
  • Trump incited law-breaking: “Based on these allegations, it is reasonable to infer that before January 6th the President would have known about the power of his words and that, when asked, some of his supporters would do as he wished. On January 6th they did so. When he called on them to march to the Capitol, some responded, “Storm the Capitol.” Thousands marched down Pennsylvania Avenue as directed. And, when some were inside the Capitol, they told officers, “We were invited here by the President of the United States.”
  • Trump called for collective action: “Fourth, the President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable.”
  • Trump ratified the riot: “And then, around 6:00 p.m., after law enforcement had cleared the building, the President issued the following tweet: ‘These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!’ A reasonable observer could read that tweet as ratifying the violence and other illegal acts that took place at the Capitol only hours earlier.”

Laying out the conspiracy like this is the easy part.

The hard part is finding that the sitting President could be sued, and could be sued substantially for his speech.

Marcie notes the Judge took care of that part too in 3 easy steps.  So, it’s getting increasingly obvious that sitting judges consider Trump guilty-as-fuck to use a JJism.  If you want some more of Marcie’s research follow this thread as she schools Ben Wittes for not doing his homework.

Well, enough of the Trump Hell realm. Now to the Russian-created Hell Realm.

Henri Rousseau, Tiger In A Tropical Storm Surprised, National Gallery, London, England

That all looks promising.  From the NBC Link:

The Biden administration could soon announce a plan to release around 1 million barrels of oil a day from the Strategic Petroleum Reserve for as long as six months, a source familiar with the matter has told NBC News. The announcement could come as soon as Thursday.

In Ukraine, an evacuation convoy of 17 buses was able to leave the besieged port city of Mariupol Thursday morning, according to its city council, with further evacuations anticipated for Friday. Meanwhile, the Pentagon said it had seen Russian forces near Kyiv move north or into Belarus, with both the U.S. and U.K. saying it appeared troops were looking to resupply and reorganize.

But, from the Covid-19 front, it looks like Mitch wants us all to die and go to hell.

The size of a bipartisan package to provide fresh spending to combat COVID-19 could shrink to $10 billion, Senate Republican Leader Mitch McConnell said Thursday, and the chamber’s top Democrat also suggested its price tag could fall.

Negotiators have been trying for weeks to revive a $15.6 billion compromise they had agreed to earlier this month. That fell apart after House Democrats rejected cuts in pandemic aid to states to help pay for it, and the parties remain divided over how to find savings both sides can accept.

The new money would be to purchase vaccines, treatments and tests, which the administration says are running low, even as the more transmissible omicron variant BA.2 spreads quickly in the U.S. and abroad.

So, that’s it for me today. I’ll be back tomorrow with more from all of these black swan events.

What’s on your reading and blogging list today?


Friday Reads: You Shouldn’t go Back Home

Good Day Sky Dancers!

BB talked to me about how I’d probably be writing about this today. I was in the fetal position because I knew it would take me right back to when I had to deal with people like her all the time.

Anyone who knows me knows I consider my time in Omaha to be in service to a Lost Cause. I must’ve done something horrible in a previous life because the entire time there was like some sadistic penance. It took me about one year into high school to beg my parents to let me graduate early and head to university in someplace civilized with better food, entertainment, and just about everything you could name. I hung out with a very small group of people that graduated and immediately left. I should’ve and could’ve but that’s another story.

An illustration of this and probably also in service to whatever karmic debt forced me to spend time there, I have to be the one to cover one of my high school classmates who probably best represents why I felt miserable being there and traveled a lot to get some reprieve. Yes, Daughter of absolute raging John Birchers and scorned even by those of us that were in the Young Republicans Club at my school which included me at the time went to my High School. She was a year behind me. Today, she is married to Judge Uncle Clarence Thomas and spreading her special form of crazy to the District. The tales of her from the debate club were just unfortunate. However, she hooked on to one of my least favorite politicians wife-beater Hal Daub, former congressman, and mayor. And yes, I knew him and he knew me. I’d just like you to know I always felt like I needed to take a bleach shower after being around him. He mainstreamed her.

I also knew Kurt Andersen because he was the darling of the Journalism Teacher and I was just about to start my sophomore year studying it. Here’s a confluence of the Good and The Bad and Evil of what my high school could turn out in all its white privilege. “How Ginni Thomas, wife of Justice Clarence Thomas, influences the Supreme Court” from Dave Davies and Fresh Air at NPR. This is from the end of January of this year. It’s an interview with Journalist Extraordinaire Jane Mayer.

DAVIES: This is FRESH AIR, and we’re speaking with New Yorker, staff writer and chief Washington correspondent Jane Mayer. Her latest article examines the conservative activism and influence of Ginni Thomas, wife of U.S. Supreme Court Justice Clarence Thomas. Let’s just talk a little bit about Ginni Thomas’ background. She grew up in Nebraska. What do we know about her family?

MAYER: Well, she grew up in a kind of upper-middle-class family in Omaha, Neb. Her father was a engineer and a developer of sort of housing complexes. And her family was very conservative and very active in politics. And one of the people I interviewed is the journalist Kurt Andersen, who grew up exactly across the street from the Lamp family. Her name before she got married was Virginia Lamp. And he said that his parents were actually Goldwater Republicans. But even they thought the Lamps were – what he said was crazy. They were – he looks at them as kind of the beginning of the modern, crazy right wing. They believed in things like the John Birch Society, and they were afraid that there was fluoridation in the water that was somehow poisoning people’s minds – that kind of thing.

DAVIES: She makes her way to Washington. How does she get there and – I don’t know. Her life took some interesting detours there; didn’t they?

MAYER: Yeah, it did. She went to Washington with the local congressman when he was elected. Her family knew him, and she got a job in his office. But it looks like she had sort of some rocky years. She was a law student. She flunked the bar exam, the state bar exam in Nebraska, and she sort of fell in with a self-help sort of self-actualization kind of cult called Lifespring in Washington, where the members kind of got into ritual humiliation of each other. They’d strip down out of their clothes and then mock each other’s body fat. And it sounded grim and kind of scary. But anyway, she was then deprogrammed, got out of it, became anti-cult. But that was a phase of her life before she met Clarence Thomas.

Yes. She belonged to a cult AND she flunked the Nebraska Bar Exam, which ranks 46 out of 50 of the hardest bar exams. It has about a 90% passage rate. So, in other words, she’s no Rhodes Scholar. Those of us who watched the Anita Hill testimony in horror also remember her crazy-go-nuts phone call to Professor Hill demanding an apology. If you want to read about LifeSpring you can see this on Psychology Wiki. I’ll defer to Dr. Boomer for anything that needs explaining. She’s just plain crazy in my book and hangs around with the least ethical individuals I’ve ever known about. Plus, she’s absolutely convinced she’s one of the few who get everything right.

I’m also using another one of my classmate’s political cartoons today! Just so you know, we did turn out a lot of decent and talented people that I still call friends. John Buss got out too! His political cartoons rock! (@Repeat1968).

https://twitter.com/OG_McDuck/status/1507200204168171525

Let’s say she’s a horrifying example of white privilege. Her husband is now out of the hospital and facing mounting ethics scrutiny. This is from The Hill.

Supreme Court Justice Clarence Thomas was discharged from the hospital earlier today, a court spokesperson said, a development that comes amid mounting ethical scrutiny of the conservative justice.

Thomas, 73, was admitted to Sibley Memorial Hospital in Washington on March 18 after experiencing “flu-like symptoms.” He was diagnosed with an infection and treated with intravenous antibiotics. A court spokesperson did not respond to a request for additional details on his health status.

Thomas faces growing ethics questions after recent reports of his wife’s aggressive effort to overturn former President Trump’s electoral defeat and participation in the Jan. 6 “Stop the Steal” rally have renewed scrutiny of the justice’s refusal to step aside from related disputes that have come before the Supreme Court.

And now let’s get straight to Ginnie’s latest antics. This is from The Washington Post and may the wisdom beings bless whoever leaked it to them. “Virginia Thomas urged White House chief to pursue unrelenting efforts to overturn the 2020 election, texts show. In messages to Chief of Staff Mark Meadows in the weeks after Election Day, the wife of Supreme Court Justice Clarence Thomas called Biden’s victory “the greatest Heist of our History” and told him that President Donald Trump should not concede.” The bylines go to Bob Woodward and Robert Costa. The story broke at suppertime yesterday. I had to let my sushi settle before reading knowing full well it would be stomach-churning in terms of crazy and lack of ethical awareness.

The messages — 29 in all — reveal an extraordinary pipeline between Virginia Thomas, who goes by Ginni, and President Donald Trump’s top aide during a period when Trump and his allies were vowing to go to the Supreme Court in an effort to negate the election results.

On Nov. 10, after news organizations had projected Joe Biden the winner based on state vote totals, Thomas wrote to Meadows: “Help This Great President stand firm, Mark!!!…You are the leader, with him, who is standing for America’s constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.”

When Meadows wrote to Thomas on Nov. 24, the White House chief of staff invoked God to describe the effort to overturn the election. “This is a fight of good versus evil,” Meadows wrote. “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.”

Thomas replied: “Thank you!! Needed that! This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”

It is unclear to whom Thomas was referring.

The messages, which do not directly reference Justice Thomas or the Supreme Court, show for the first time how Ginni Thomas used her access to Trump’s inner circle to promote and seek to guide the president’s strategy to overturn the election results — and how receptive and grateful Meadows said he was to receive her advice. Among Thomas’s stated goals in the messages was for lawyer Sidney Powell, who promoted incendiary and unsupported claims about the election, to be “the lead and the face” of Trump’s legal team.

And now back to Jane Mayer writing for The New Yorker: “Legal Scholars Are Shocked By Ginni Thomas’s “Stop the Steal” Texts. Several experts say that Thomas’s husband, the Supreme Court Justice Clarence Thomas, must recuse himself from any case related to the 2020 election.”

Several of the country’s most respected legal scholars say that Supreme Court Justice Clarence Thomas must immediately recuse himself from any cases relating to the 2020 election and its aftermath, now that it has been revealed that his wife, Virginia (Ginni) Thomas, colluded extensively with a top White House adviser about overturning Joe Biden’s defeat of then President Donald Trump. On March 24th, the Washington Post and CBS News revealed that they had obtained copies of twenty-nine text messages between Ginni Thomas and Mark Meadows, the Trump White House chief of staff, in which she militated relentlessly for invalidating the results of the Presidential election, which she described as an “obvious fraud.” It was necessary, she told Meadows, to “release the Kraken and save us from the left taking America down.” Ginni Thomas’s texts to Meadows also refer to conversations that she’d had with “Jared”—possibly Trump’s son-in-law Jared Kushner, who also served as a senior adviser to the Administration. (“Just forwarded to yr gmail an email I sent Jared this am.”)

Stephen Gillers, a law professor at N.Y.U. and a prominent judicial ethicist, described the revelations as “a game changer.” In the past, he explained, he had supported the notion that a Justice and his spouse could pursue their interests in autonomous spheres. “For that reason, I was prepared to, and did tolerate a great deal of Ginni’s political activism,” he said. But “Ginni has now crossed a line.” In an e-mail reacting to the texts, Gillers concluded, “Clarence Thomas cannot sit on any matter involving the election, the invasion of the Capitol, or the work of the January 6 Committee.”

One more before I have to return to therapy. This is from The New York Times: “Ginni and Clarence Thomas Have Done Enough Damage”. It’s an OpEd by Jesse Wegman.

Ms. Thomas had already acknowledged some involvement in the fight over the 2020 election count, recently confirming that she attended the Jan. 6 Stop the Steal rally in Washington, but she said she went home before Mr. Trump spoke to the crowd and before a mob of hundreds stormed the Capitol in a violent attempt to block the certification of Mr. Biden’s Electoral College victory. The texts reveal that her efforts to subvert the election were far more serious than we knew.

Now recall that in January, the Supreme Court rejected Mr. Trump’s request to block the release of White House records relating to the Jan. 6 Capitol attack. Mr. Meadows had submitted a brief in the case supporting Mr. Trump. The court’s ruling came as an unsigned order, with only one noted dissent: from Justice Thomas.

Perhaps Justice Thomas was not aware of his wife’s text-message campaign to Mr. Meadows at the time. But it sure makes you wonder, doesn’t it?

And that’s precisely the problem: We shouldn’t have to wonder. The Supreme Court is the most powerful judicial body in the country, and yet, as Alexander Hamilton reminded us, it has neither the sword nor the purse as a means to enforce its rulings. It depends instead on the American people’s acceptance of its legitimacy, which is why the justices must make every possible effort to appear fair, unbiased and beyond reproach.

That may seem naïve, particularly in the face of the crippling assaults on the court that Mitch McConnell and his Senate Republicans have carried out over the past six years in order to secure a right-wing supermajority that often resembles a judicial policy arm of the Republican Party — starting with their theft of a vacancy that was President Barack Obama’s to fill and continuing through the last-second confirmation of Amy Coney Barrett while millions of voters were already in the process of casting Mr. Trump out of office.

And yet the public’s demand for basic fairness and judicial neutrality is not only proper but critical to the court’s integrity, as the justices, whoever nominated them, are well aware. Partly in response to the court’s tanking public-approval ratings, several of them have grown increasingly outspoken in defense of their independence. (Though not all of them.)

The most obvious way for justices to demonstrate that independence in practice, of course, is to recuse themselves from any case in which their impartiality might reasonably be questioned. It does not matter whether there is, in fact, a conflict of interest; the mere appearance of bias or conflict should be enough to compel Justice Thomas or any other member of the court to step aside.

Just more shit from the Treason Party.

What’s on your reading and blogging list today?


Monday Reads: Democracy in Flames

Marc CHAGAL (1887-1985) “La Famille ukrainienne” (1941-43)

Good Day Sky Dancers!

We continue to see attacks on democracy internally and externally as the West fights right-wing extremists magnetized to or ruled by despots. These Right Wingers are taking on the post-World War 2 order abroad. We also continue to see Neo-confederates, NAZI-sympathizers, and theocrats taking on our post-Civil War advances in the United States. Most of this seems deeply tribal and extremely racist, sexist, and nationalistic.

Today, we’re focused on the confirmation hearings for Ketanji Brown Jackson now underway. Senator Amy Klobucher is actually bringing tears to my eyes in her opening statement. Too bad it’s followed by the frivolous ball of flesh known as Ted Cruz. Cruz is lecturing everyone on that old Republican lie about the Supreme Court becoming a legislative body instead of a deliberative one. I have no idea how these folks continue to try to hunt with dogs that won’t.

Even the National Review has called out the outrageous lies he’s been spouting about Judge Jackson calling it a “disingenuous attack”. This was penned by former Federal Prosecutor Andrew C. McCarthy.

There is a wide variety of federal offenses that are gathered under the label “sex offenses.” In his critique of Jackson last week, Hawley tweeted that he had “noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children” (emphasis added). That is a misleadingly broad claim, and Hawley is too smart not to know that.

After invoking the image of Jackson as indulgent of “sex offenders” who “prey on children,” Hawley narrows his portrayal a bit: “Judge Jackson has a pattern of letting child porn offenders off the hook for their appalling crimes, both as a judge and as a policymaker” (emphasis added). This leaves the impression that he is probably homing in on pornography rather than rape, abduction, and the like — although, as he must know, even that is not clear because a good deal of such sexual abuse goes into the production of porn. In any event, after all the throat-clearing, it emerges that Hawley is not talking about offenders who themselves abuse children, or even those who produce pornography. He is referring to porn consumers.

Hawley cites Jackson’s record as a judge and “policymaker.” The latter refers to her service on the U.S. Sentencing Commission, which advises Congress on sentencing issues and promulgates the federal sentencing guidelines — advisory standards that heavily influence but do not control sentencing. (Congress ultimately controls sentencing by setting statutory maximum and minimum penalties, and judges consult the guidelines in each case but are not required to follow them.) What has the senator especially exercised is Jackson’s support for eliminating the existing mandatory-minimum sentences for first-time offenders who receive or distribute child pornography.

Judge Jackson’s views on this matter are not only mainstream; they are correct in my view. Undoubtedly, Jackson — a progressive who worked as a criminal-defense lawyer — is more sympathetic to criminals than I am. If I were a judge, I’m sure I’d impose at least marginally more severe sentences than she has. (Contrary to Hawley’s suggestion, however, she appears to have followed the guidelines, at the low end of the sentencing range, as most judges do.) But other than the fact that Congress wanted to look as though it was being tough on porn, there’s no good reason for the mandatory minimum in question — and it’s unjust in many instances.

Banksy

The actual Q&A session will be after lunch. I’m really hoping Senator Foghorn Leghorn doesn’t further embarrass Louisiana but I’m not holding my breath.  As the hearings opened, Senator Dick Durban hailed Judge Jackson’s magnificent qualifications and experience.  This is from NPR: “Ketanji Brown Jackson’s Supreme Court confirmation hearings: Live updates.” Grassley used his time to outline the Republican gripe fest that will be later today.

Grassley used his opening statement on Monday to stress that “we won’t turn this into a spectacle based on alleged process fouls” and pointed out that Democrats on the panel interrupted and delayed his opening statement when he chaired the confirmation hearings for Brett Kavanaugh, President Donald Trump’s nominee, in 2018. He said Republicans will “ask tough questions” about Jackson’s record and said he wanted to hear about her views on the role of a judge.

Some Republicans have already raised concerns about Jackson’s experience as a public defender and indicated they would ask questions about whether her record makes her “soft on crime.” Grassley touched on this line of questioning and suggested these topics are fair game given Democrats’ questions of Trump nominees.

The entire thing about her being soft on crime is basically ragtime and jazz hands given that the nation’s police chiefs support her nomination.  But today’s Republicans are more about theatrics than doing their jobs.

Meanwhile, The Rolling Stone has another scoop on how involved high-level Trump officials were with getting the insurrectionists to the Capitol on January 6.  This is by Hunter Walker. “Exclusive: Witness Claims Trump’s Chief of Staff Was on Phone Call Planning Jan. 6 March on Capitol. Trump’s team agreed it would encourage supporters to march, but try to “make it look like they went down there on their own,” Scott Johnston tells Rolling Stone”  Let the Frog Marches begin!

Trump and his allies have tried to minimize his role in calling his supporters to the Capitol and argue he was simply participating in a lawful, peaceful demonstration.

Scott Johnston — who worked on the team that helped plan the Ellipse rally — says that’s just not so. He claims that leading figures in the Trump administration and campaign deliberately planned to have crowds converge on the Capitol, where the 2020 election was being certified — and “make it look like they went down there on their own.”

Johnston, who says he described the phone call to House select committee investigators, detailed his allegations in a series of conversations with Rolling Stone. Johnston says he overheard Mark Meadows, then-former President Trump’s chief of staff, and Katrina Pierson, Trump’s national campaign spokeswoman, talking with Kylie Kremer, the executive director of Women for America First, about plans for a march to the Capitol. Johnston said the conversation was clearly audible to him since it took place on speakerphone as he drove Kremer between the group’s rallies in the final three days of 2020.

Russia continues to pound Ukraine with artillery and missiles. The governor of the Sumy region said there has been an ammonia leak at a chemicals plant on Monday as a result of a Russian airstrike.  Russian demands the surrender of Mariupol.  The city council of the besieged city reports that the elderly are crying out for food and water from their bombed apartment buildings.

President Biden will travel to Poland after he meets with European leaders on the Russian Invasion of Ukraine.  (via the AP)  He will discuss humanitarian efforts and express support to the People and government of Poland.

President Joe Biden has added a stop in Poland to his trip this week to Europe for urgent talks with NATO and European allies, as Russian forces concentrate their fire upon cities and trapped civilians in a nearly month-old invasion of Ukraine.

Biden will first travel to Brussels and then to Poland to meet with leaders there, press secretary Jen Psaki said in a statement Sunday night.

Poland is a crucial ally in the Ukraine crisis. It is hosting thousands of American troops and is taking in more people fleeing the war in Ukraine — more than 2 million — than any other nation in the midst of the largest European refugee crisis in decades.

Biden will head to Warsaw for a bilateral meeting with President Andrzej Duda scheduled for Saturday. Biden will discuss how the U.S., along with its allies and partners, is responding to “the humanitarian and human rights crisis that Russia’s unjustified and unprovoked war on Ukraine has created,” Psaki said.

Ukrainian Tree of Life, 2020, Olga Olga Kovtun

This is from the link to the Telegraph above.

Vladimir Putin has been accused of “abducting and deporting” thousands of civilians from the besieged city of Mariupol and transporting them deep inside Russia.

Ukrainian authorities alleged Russian forces had rounded up several thousand residents from the shattered port before sending them to remote cities hundreds of miles from the border.

On Sunday night, Moscow gave Ukraine a deadline to surrender Mariupol as gun battles raged in the city centre. In a statement, the Russian defence ministry said Ukrainian and foreign armed units must drop their weapons “without exception” and leave between 7am and 9am (UK time) on Monday.

But on Sunday night Ukraine’s deputy prime minister Iryna Vereschuk said there was no question of surrendering Mariupol, the online newspaper Ukrayinska Pravda reported.

Russian state media broadcast clips of hundreds of Ukrainians whom it said had been rescued from Mariupol and evacuated eastward to safety in Russian cities.

But Ukrainian officials said they had instead been forced to travel and had been told they had to live and work in their new homes for at least two years.

This was a rumor for a few days but has now been confirmed.

So, there are the three big stories of the day.  I’m going to continue to watch Judge Jackson’s confirmation hearing but I’m not sure how long I can take the Republican screeds.

What’s on your reading and blogging list today?


Friday Reads: Postcards from Ukraine and Trumpistan

Good Day Sky Dancers!

Well, thanks to Daylight Savings Time I have now fallen back an hour behind Standard Time and 2 hours behind what is the time now. So, my poor confused body has me back at breakfast time when it’s past lunch now.  Wow!  There are so many headlines demanding attention. It’s hard to know where to start.

Putin’s committing War Crimes on a frantic schedule while there is a rush to get medical supplies and food to those trapped in active war zones.  There are direct attacks reported today on food markets, kindergartens, and apartment buildings in a Kyiv neighborhood. Ninety Percent of Mariupol is gone. Lviv is under threat now. A building was hit and destroyed this morning.

There are several stories today on Putin’s requests for help from China and India.  Is China more reluctant to help Putin than Putin likely expected?  President Biden had a video call with China’s leader. From the AP: “In video call, Biden presses China’s Xi on Russia support”.

Key figures for a war half a world away, President Joe Biden and China’s Xi Jinping spoke for nearly two hours on Friday as the White House looked to deter Beijing from providing military or economic assistance for Russia’s invasion of Ukraine.

China’s Foreign Ministry was the first to issue a readout of the video conversation, deploring “conflict and confrontation” as “not in anyone’s interest,” without assigning any blame to Russia.

Ahead of the call, White House press secretary Jen Psaki said Biden would question Xi about Beijing’s “rhetorical support” of Putin and an “absence of denunciation” of Russia’s invasion.

Foreign Ministry spokesperson Hua Chunying pushed back, calling the U..S. administration’s suggestions that China risks falling on the wrong side of history “overbearing.”

Planning for the leaders’ discussion had been in the works since Biden and Xi held a virtual summit in November, but differences between Washington and Beijing over Russian President Vladimir Putin’s prosecution of his three-week-old war against Ukraine were expected to be at the center of the call.

China on Friday also sought to highlight its calls for negotiations and its donations of humanitarian aid, while accusing the U.S. of provoking Russia and fueling the conflict by shipping arms to Ukraine. Xi also renewed China’s criticism of sanctions imposed on Russia over the invasion, according to Chinese State Media. As in past, Xi did not use the terms war or invasion to describe Russia’s actions.

“As leaders of major countries, we need to consider properly resolving global hotspot issues, and more importantly, global stability and the production and life of billions of people,” he was quoted as saying.

In an attempt to show international support for China’s position, state broadcaster CCTV said Xi also discussed Ukraine in phone calls with South African President Cyril Ramaphosa and Cambodian Prime Minister Hun Sen, contending the leaders’ views were “extremely close.”

An old farmhouse, Bednoshey Daniil,1985

Politico reports that the “EU has ‘very reliable evidence’ China is considering military support for Russia. EU official threatens trade measures against Beijing if the arms’ deliveries go ahead.

“EU leaders have very reliable evidence that China is considering providing military aid to Russia. All the leaders are very aware of what’s going on,” the senior EU official said on condition of anonymity as he was not authorized to speak publicly about confidential information.

He did not say what kind of assistance Moscow had requested.

“We are concerned about the fact that China is flirting with the Russians,” he added. The EU will “impose trade barriers against China” should Beijing proceed with Russia’s request, he said, as “this is the only language Beijing understands.”

The EU-China summit, scheduled for April 1 with President Xi Jinping, will go on as scheduled, as confirmed in a meeting with all EU countries’ top representatives in Brussels on Friday.

The deepening Ukraine crisis is seen as a test to the strength of the Russia-China relations. Beijing has repeatedly dismissed U.S. reports about its involvement in the Ukraine crisis as “disinformation.

India continues to do business with Russia including buying Russian Oil at a discount.  Here’s a link to a Vox article on the relationship between the two countries.  The analysis is by Jen Kirby.

India forged a relationship with the Soviet Union during the Cold War. That has carried over into the present day because of mutual interest and nostalgia, but the biggest reason might be defense. India’s arsenal is largely Soviet- or Russian-made; various analysts put the amount anywhere between 60 percent and 85 percent. And India needs its military to counter what it sees as the biggest threat in its neighborhood: China’s rise.

China’s rise is also the reason India and the United States have deepened their partnership in recent years; India is a member of the “Quad” (along with the US, Australia, and Japan), an informal alliance that came about years ago but which both the Trump and Biden administrations have sought to strengthen. The Quad doesn’t explicitly say it exists as a counterweight to Beijing; it’s a grouping of democracies focused on regional cooperation and other issues. But everyone — including China — gets it.

The antagonism between Washington and Moscow, made worse by Ukraine, puts India in an uncomfortable bind. Except India is used to this. In the Cold War, India practiced nonalignment, where it sought to avoid becoming entangled in the superpower conflicts and maintain its sovereignty. Although that policy has evolved in the decades since, the idea of autonomy still undergirds how India sees its foreign policy.

India “can really silo off relationships,” said Derek Grossman, senior defense analyst at the RAND Corporation, focusing on national security and the Indo-Pacific region. “The relationship they have with Russia should have no bearing whatsoever on their relationships with China, the US, or anybody else.”

It is why India has walked a careful tightrope since Russia launched its war. Prime Minister Modi spoke to both Russian President Vladimir Putin and Ukrainian President Volodymyr Zelenskyy shortly after the invasion, reportedly saying in these calls that he wished for an end to hostilities and a return to dialogue. Modi has had to work with both governments over efforts to evacuate thousands of Indian citizens stranded in Ukraine. (At least one Indian student was killed in the siege on Kharkiv.)

While India hasn’t denounced Russia, it has made some pointed comments. India’s Ambassador to the United Nations said in a statement after an abstention on a February 27 UN Security Council vote that the global order is anchored in “respect for territorial integrity and sovereignty of all states.” (That element — Russia’s unprovoked incursion into a sovereign Ukraine — is the one that India might be most sensitive to because of its own border dispute with China.)

But the Ukraine war may test India’s foreign policy approach,especially as Putin’s conflict threatens to bring Moscow even closer to Beijing. Yet so far, India has not budged.

Bloomberg reports that the US believes that “Putin Likely to Make Nuclear Threats If War Drags, U.S. Says. 

  • Defense Intelligence Agency chief offers a grim assessment
  • Russia may ‘rely on its nuclear deterrent’ to signal strength

President Vladimir Putin can be expected to brandish threats to use nuclear weapons against the West if stiff Ukrainian resistance to Russia’s invasion continues, draining conventional manpower and equipment, according to a new assessment by the Pentagon’s Defense Intelligence Agency.

“Protracted occupation of parts of Ukrainian territory threatens to sap Russian military manpower and reduce their modernized weapons arsenal, while consequent economic sanctions will probably throw Russia into prolonged economic depression and diplomatic isolation,” Lieutenant General Scott Berrier, director of the Defense Intelligence Agency, said in its new 67-page summary of worldwide threats.

Ukrainian Landscape with Huts by Vladimir Makovsky

Ukrainian Landscape with Huts by Vladimir Makovsky

So, let me briefly put up some things from our alternative reality country within a country, Trumpistan, and efforts to bring it to heel in the justice system.   This is from Politico as reported by Kyle Cheney and Josh Gerstein: “Jan. 6 trial centers on lingering mystery: Where was Mike Pence as riot raged?  Prosecutors say that Secret Service witnesses will refuse to disclose Pence’s precise location because it could jeopardize national security protocols for the current vice president Kamala Harris.”

Where precisely was Mike Pence while a mob descended on the Capitol on Jan. 6, 2021?

A defendant set to face just the second trial in the nearly 15 months since the attack intends to make that question the centerpiece of his defense Monday. And the judge in the case just gave him the green light to grill the Secret Service about it.

Couy Griffin, the leader of Cowboys for Trump, says Pence’s evacuation to a secure location took him off of Capitol grounds — and outside a Secret Service perimeter established to protect Pence while lawmakers counted Electoral College votes, the last step to certify the 2020 presidential election.

Prosecutors, who have charged Griffin with breaching a Secret Service-protected zone, say the argument is nonsense. Not only was Pence within the Capitol complex for the duration of the riot, they say, but it wouldn’t matter if he left, since the trespassing law he’s charged with only requires that Pence intended to return.

Griffin’s case has become an important test for the Justice Department, with potential ramifications for hundreds of those charged with “entering and remaining in a restricted building or grounds” on Jan. 6, a misdemeanor that carries a one-year maximum jail sentence. If U.S. District Court Judge Trevor McFadden decides Pence’s precise location matters, it could echo across many of the nearly 800 cases stemming from the insurrection.

Prosecutors have repeatedly emphasized that the law only requires that Pence was or “would be” returning to the Secret Service zone to prove Griffin’s crime. They recently amended the language of the charges to emphasize that point.

Sunflowers, unknown

John Nichols reports on “The Loathsome Hypocrisy of Republicans Who Now Applaud Volodymyr Zelensky. When congressional Republicans had a chance to impeach and convict Trump for blackmailing Zelensky, 247 of them refused. “ for The Nation.

Ukrainian President Volodymyr Zelensky got a hero’s welcome from the US Congress this week, with Republicans joining Democrats in applauding for the embattled leader of a country that is resisting a brutal Russian invasion. But a lot of the people who were applauding failed Zelensky and the Ukrainian cause when it might have mattered most. That was when former President Donald Trump was impeached and tried for seeking to blackmail Zelensky for political purposes.

The political pendulum swings so fast these days that it is easy to forget what was happening barely two months ago, let alone two years ago. But in late 2019 and early 2020, Ukraine was at the center of a national debate about Trump’s lawless presidency, and his political extortion of Zelensky.

https://twitter.com/DearAuntCrabby/status/1503178601449021446

So, let’s hope we can bankrupt the Trump Family Crime Syndicate and its enabler, Rupert Murdoch.  This is written by Erich Boehlert: “

Rupert Murdoch for years has enjoyed a Trump-like ability to avoid responsibility for the avalanche of lies he promotes. That all may be changing thanks to a pair of billion-dollar defamation lawsuits surrounding Trump’s Big Lie campaign — Murdoch appears powerless to stop the looming legal reckoning.

This week, Justice David Cohen of State Supreme Court in Manhattan issued a stinging rebuke of Fox News. Denying the network’s attempt to dismiss a $2.7 billion lawsuit filed by Smartmatic, the election technology company that Fox smeared as part of Trump’s Big Lie offensive following the 2020 campaign, Cohen waved off Murdoch’s attorneys.

“Even assuming that Fox News did not intentionally allow this false narrative to be broadcasted, there is a substantial basis for plaintiffs’ claim that, at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth,” Cohen wrote in his 61-page opinion. The judge repeatedly signaled that the lawsuit can proceed because there’s a reasonable chance that a jury would find Fox guilty of defamation.

So, that’s a lot for us to think about and discuss. I hope your weekend is restful.  Turn off the TV.  I find that helps.

What’s on your blogging and reading list today?


Monday Reads: Sunflowers, Peace, and Hyperaccumulation

Sunflowers painting, Oleksandr Neliubin, Kharkiv, Kharkov region, Ukraine

Good Day Sky Dancers!

I used to spend nearly every weekend traveling between Council Bluffs, Iowa, and Kansas City. Both my grandparents lived there as well as my mother’s brother and sister and their families.  I used to love the season when Kansas sunflowers bloomed. Goodland is the Sunflower Capitol there. It was a treat to see the endless fields of Sunflowers, the state flower of Kansas.

I was yesterday years old when I learned the Sunflowers are magical.  Scientists Are Using Sunflowers To Clean Up Nuclear Radiation. Sunflowers are what environmental scientists call hyperaccumulators– plants that have the ability to take up high concentrations of toxic materials in their tissues.

After the Hiroshima, Fukushima, and Chernobyl nuclear disasters, fields of sunflowers were planted across the affected landscapes to help absorb toxic metals and radiation from the soil. New research now suggests that sunflowers (Helianthus) might be as good for the environment as they are pretty to look at.

Sunflowers are what environmental scientists call hyperaccumulators– plants that have the ability to take up high concentrations of toxic materials in their tissues. Like all land-based plants, flowers have root systems that evolved as extremely efficient mechanisms for pulling nutrients, water, and minerals out of the ground, among them: zinc, copper, and other radioactive elements that are then stored in their stems and leaves.

While the sunflower-radiation link would seem like a slow-gestating cure-all for modern environmental disasters, the research is still inconclusive as to the efficacy of all sunflower varieties to help stave off environmental pollution. Post-tsunami clean-up efforts in Fukashima, however, demonstrate a promising application of this discovery.

One of the early successes in sunflower research came almost a decade ago when a phytoremediation company called Edenspace Systems completed a successful cleanup of a lead-laced plot in land in Detroit. (Phytoremediation is a technique for using plants to clean up contamination.)

Folk Art, Maria Pryimachenko

In Ukraine, the giant yellow blooms have a double meaning. Ukraine’s sunflower becomes worldwide symbol of solidarity and peace amid Russian invasion.  These towering blooms have emerged as a sign of resistance.”  Yes, this article is from House Beautiful and the last link came from Garden Collage. Sometimes you just need unusual sources to get a perspective on things when you’re in my down the rabbit hole of discovery mode. Many of you may remember this moment from the beginning of the Russian invasion of Ukraine.

‘Take these seeds and put them in your pockets so at least sunflowers will grow when you all lie down here,’ said the Ukrainian lady. ‘Put the sunflower seeds in your pockets, please. You will lie down here with the seeds. You came to my land. Do you understand? You are occupiers. You are enemies.’

Artists around the world have been posting sunflower art with hashtags including #sunflowersforukraine to show solidarity with civilians in a powerful display of artistic expression. Meanwhile, Twitter and Instagram users have been adding sunflower emojis to their usernames as a subtle nod of support as Russia continues its devastating war on Ukraine.

In America, First Lady Jill Biden showed her support for Ukraine by wearing a face mask embroidered with a sunflower during an event at The White House, while in City Plaza in Reno, Nevada, residents gathered to add sunflowers to a ‘Believe’ sculpture to express their support for the country.

Meanwhile, over in the UK, Prince Charles and Camilla placed sunflowers on the altar during a visit to the Ukrainian Catholic Cathedral in London with Ukraine’s Ambassador to the UK, Vadym Prystaiko.

And at demonstrations in the city, supporters have been draped in the blue and yellow national flag of Ukraine, carrying sunflowers and wearing sunflower crowns in protests against Russian President Vladimir Putin.

This isn’t the first time the sunflower has been used as a symbol of peace. Back in June 1966, US, Russian and Ukrainian defence ministers planted sunflowers in a ceremony at Ukraine’s Pervomaysk missile base to mark Ukraine giving up nuclear weapons.

Sunflowers have been grown in Ukraine since the 1700s (the country is also the world’s major supplier of sunflower oil). According to historical records, the sunflower became deeply embedded in the Ukrainian culture when the church didn’t ban its oil during Lent — a time of abstinence. Since then, sunflower oil has become an important aspect of daily life in Ukraine, with many civilians growing the golden flowers in their gardens and eating their seeds as a snack.

And yes, today’s post is resplendent with artists of Ukraine and their take on their precious Sunflowers. Some of the works of contemporary artists are for sale. Buying art would be a great way to support Ukraine and continue its cultural contribution in arts!

I also am going to gratuitously use the infamous LBJ Daisy Ad from 1964 followed by the Mother and Child Ad. That year I was 8 and was getting quite good and the duck and dive exercises. I was hoping never to relive that kind of weirdness but here I am in my dotage, worrying about a mad man again.  Will he bury us?

What is most frustrating is watching Putin escalate the war by committing war crimes like this from the AP: “Pregnant woman, baby die after Russia bombed maternity ward.”   I do not understand what this does other than terrorize a peaceful nation and cement world determination to rid the world of the Russian Despot.

Additionally–and also from the AP–, we continue to hear that Putin is only likely to do worse things.  he’s already inkling the use of Nukes and Chemical weapons. I welcome the Ides of March tomorrow and suggest Putin consider the case of Julius Caesar. “US view of Putin: Angry, frustrated, likely to escalate war”. This is reported by AP’s Nomaan Merchant.

Burns is a former U.S. ambassador to Moscow who has met with Putin many times. He told lawmakers in response to a question about the Russian president’s mental state that he did not believe Putin was crazy.

“I think Putin is angry and frustrated right now,” he said. “He’s likely to double down and try to grind down the Ukrainian military with no regard for civilian casualties.”

Russia’s recent unsupported claims that the U.S. is helping Ukraine develop chemical or biological weapons suggest that Putin may himself be prepared to deploy those weapons in a “false flag” operation, Burns said.

There’s no apparent path to ending the war. It is nearly inconceivable that Ukrainian President Volodymyr Zelenskyy, who has won admiration around the world for leading his country’s resistance, would suddenly recognize Russia’s annexation of Crimea or support granting new autonomy to Russian-friendly parts of eastern Ukraine. And even if he captures Kyiv and deposes Zelenskyy, Putin would have to account for an insurgency supported by the West in a country of more than 40 million.

“He has no sustainable political end-game in the face of what is going to continue to be fierce resistance from Ukrainians,” Burns said.

European leaders are still trying to maintain dialogue with Putin. Prime Minister Xavier Bettel of Luxembourg spoke Monday with Putin and “pleaded for an immediate ceasefire,” according to Bettel’s tweet. A spokesperson said Bettel was encouraged to contact Putin by other leaders who “wanted to make sure Putin would continue talking with them.” Bettel also spoke with Zelenskyy.

Avril Haines, President Joe Biden’s director of national intelligence, said Putin “perceives this as a war he cannot afford to lose. But what he might be willing to accept as a victory may change over time given the significant costs he is incurring.”

Intelligence analysts think Putin’s recent raising of Russia’s nuclear alert level was “probably intended to deter the West from providing additional support to Ukraine,” she said.

In hopeful news, a real freedom convey of 160 cars filled with civilians left the besieged city of Mariupol. Ukrainian families begin their life as refugees throughout Europe.  Ted Cruz and those truckers driving circles around the District need to get a life.

Maria Primachenko,
May I Give This Ukrainian Bread to All People in This Big Wide World
Maria Primachenko
Original Title: Дарую українську паляницю всім людям на землі
Date: 1982

Project Syndicate‘s Richard Haas writes how this War has changed.  “From War of Choice to War of Perseverance.”  He elucidates the issues that may help end it.

“Ripeness is all,” noted Edgar in Shakespeare’s King Lear. When it comes to negotiations to limit or end international conflicts, he is right: agreements emerge only when the leading protagonists are willing to compromise and are then able to commit their respective governments to implement the accord.

This truth is highly relevant to any attempt to end the war between Russia and Ukraine through diplomacy. Ukrainian President Volodymyr Zelensky has any number of reasons to end a conflict that has already killed thousands of his citizens, destroyed large parts of several major cities, rendered millions homeless, and devastated Ukraine’s economy. And his standing has grown by the hour, giving him the political strength to make peace – not at any price, but at some price.

Already, there are signs he might be willing to compromise on NATO membership. He would not recognize Crimea as being part of Russia, but it might be possible for him to accept that the two governments agree to disagree on its status, much as the United States and China have done for a half-century concerning Taiwan. Similarly, he would not recognize the independence of the Donetsk and Luhansk “people’s republics,” but he could sign on to their being given significant autonomy.

The question is whether even this would be enough for Russian President Vladimir Putin, who has demanded the “de-Nazification” of Ukraine, a phrase that seems to call for regime change, as well as the country’s total demilitarization. Given that he has questioned whether Ukraine is a “real” country, it is hard to avoid the conclusion that he remains uninterested in coexisting with a legitimate government of a sovereign, independent state. So far, Putin has demonstrated he is more interested in making a point than in making a deal.

What could change this? What could make the situation riper for a negotiated solution? That is actually the purpose of the West’s policy: to raise the military and economic costs of prosecuting the war so high that Putin will decide that it is in his interest (he clearly cares little about the interests of Russia) to negotiate a ceasefire and accept terms that would bring peace. Again, this seems unlikely, if only because Putin almost certainly fears it would be interpreted as a sign of weakness, encouraging resistance to his continued rule.

Alternatively, he could be pressured to negotiate. In principle such pressure could come from below – a Russian version of “people power” in which the security services are overwhelmed, much as they were in Iran in the late 1970s. Or pressure could come from the side, from the few others who wield power in today’s Russia and could decide that they must act before Putin destroys more of Russia’s future than he already has. The former does not seem to be in the offing, given mass arrests and control of information, and there is simply no way of knowing if the latter might happen until it does.

There are more situations discussed at the link.

Well, that’s it for me!  I’m going to go plant some sunflowers to hide the back fence! It’s always fun to watch them follow the sun!

What’s on your reading and blogging list today?