Former president Donald Trump asked one of his lawyers to tell the National Archives and Records Administration in early 2022 that Trump had returned all materials requested by the agency, but the lawyer declined because he was not sure the statement was true, according to people familiar with the matter.
As it turned out, thousands more government documents — including some highly classified secrets — remained at Trump’s Mar-a-Lago residence and private club….
Alex Cannon, an attorney for Trump, had facilitated the January transfer of 15 boxes of presidential records from Mar-a-Lago to the National Archives, after archives officials agitated for more than a year to get “all original presidential records” back, which they are required by law to do. Following months of stonewalling by Trump’s representatives, archives officials threatened to get the Justice Department or Congress involved.
Trump himself eventually packed the boxes that were returned in January, people familiar with the matter said. The former president seemed determined in February to declare that all material sought by the archives had been handed over, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss internal conversations.
Around the same time The Washington Post reported that the archives had retrieved documents from Mar-a-Lago, the people said, Trump asked his team to release a statement he had dictated. The statement said Trump had returned “everything” the archives had requested. Trump asked Cannon to send a similar message to archives officials, the people said. In addition, the former president told his aides that the documents in the boxes were “newspaper clippings” and not relevant to the archives, two of these people said, and complained that the agency charged with tracking government records was being persnickety about securing the materials from his Florida club.
But Cannon, a former Trump Organization lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the archives all the requested material had been returned. He told others he was not sure if other documents were still at the club and would be uncomfortable making such a claim, the people familiar with the matter said. Other Trump advisers also encouraged Cannon not to make such a definitive statement, people familiar with the matter said.
The Feb. 7 statement Trump dictated was never released over concerns by some of his team that it was not accurate, people familiar with the matter said. A different statement issued three days later said Trump had given boxes of materials to the archives in a “friendly” manner. It did not say that all of the materials were handed over.
Tuesday Reads
Posted: October 4, 2022 Filed under: Afternoon Reads, Donald Trump, just because | Tags: "independent state legislature theory", DOJ, FBI, Mar-a-Lago, National Archives, nuclear weapons, Oath Keepers, Russia, SCOTUS, seditious conspiracy, stolen government documents, Ukraine, Vladimir Putin 18 Comments
Mr Toad in The Wind in the Willows, illustration by Inga Moore
Good Afternoon!!
My posts are getting later and later. I look around at what’s happening in the world on my blogging days and somehow it takes me a long time to get going. Maybe it’s just because I’m getting old, or maybe it’s because I’m traumatized by seven years of reading about Trump and the horrors he has inflicted on our country–or maybe both. I don’t know why I ever thought he would go away once he was out of office. Back when he was ranting on Twitter all the time, I used to wish he would go away and leave us alone. Now I realize he will never go away until he dies, and even then we’ll be reading about the damage he has done–if we survive as a country with freedom of speech and press, that is.
The latest on Trump’s legal problems and crimes
The Washington Post: Trump’s lawyer refused his request in February to say all documents returned.
So Cannon will be another witness against Trump if he’s ever brought to trial. There’s much more at the WaPo link.
Bilbo comes to the huts of the raft elves, by JRR Tolkien
From J. Michael Luttig at The Atlantic on the upcoming SCOTUS case based on Trump’s efforts to get Republican state legislators to create fake sets of electors in order to overturn his 2020 election loss: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory.
The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.
In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections and to appoint state electors who quadrennially cast the votes for president and vice president on behalf of the voters of the states. It would mean that the partisan gerrymandering of congressional districts by state legislatures would not be reviewable by the state courts—including the states’ highest court—under their state constitutions.
The independent-state-legislature theory gained traction as the centerpiece of President Donald Trump’s effort to overturn the 2020 presidential election. In the Supreme Court, allies of the former president argued that the theory, as applied to the electors clause, enabled the state legislatures to appoint electors who would cast their votes for the former president, even though the lawfully certified electors were bound by state law to cast their votes for Joe Biden because he won the popular vote in those states. The Supreme Court declined to decide the question in December 2020. The former president and his allies continued thereafter to urge the state legislatures, and even self-appointed Trump supporters, to transmit to Congress alternative, uncertified electoral slates to be counted by Congress on January 6.
That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling. There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.
To the extent that advocates of the independent-state-legislature theory have any evidence at all to support the theory, it is exceedingly thin. Their textual argument is that the total disempowerment of state courts necessarily follows from the fact that the elections clause empowers the state legislatures to prescribe the “manner” of holding congressional elections.
But there is neither more nor less significance to the fact that the Constitution assigns this quintessential legislative power to the state legislatures than that the Constitution assigns federal lawmaking to Congress, rather than to the executive or the judiciary. And yet, the Constitution provides for judicial review of the actions of both.
It’s long, of course, so read the rest at The Atlantic if you’re so inclined.
And then there’s Trump’s mentor, Putin. Will he ever go away?
This is by Walter Russell Mead at The Wall Street Journal–I didn’t encounter a paywall: Putin’s Nuclear Threat Is Real. The conflict isn’t only about Ukraine. He’s waging a global war on the U.S.-led order.
Even as poorly trained, poorly led and poorly supplied Russian forces retreat on the battlefield, the danger that the war in Ukraine will erupt into a wider conflict continues to grow. Vladimir Putin has responded to the weakening of his military position by “annexing” four contested regions inside Ukraine, declaring that the conflict in Ukraine is a war for the survival of Russia, and raising the specter of a nuclear strike. The West is taking note of these moves and the sabotage of Baltic pipelines connecting European consumers to Russian gas. National security adviser Jake Sullivan has warned Russia that any use of nuclear weapons would have catastrophic consequences for Russian forces, and Jens Stoltenberg, secretary general of the North Atlantic Treaty Organization, repeated that message Sunday morning.
Inga Moore, The Secret Garden
As the Biden administration scrambles to manage the most dangerous international confrontation since the 1962 Cuban Missile Crisis, it must see the world through Mr. Putin’s eyes. Only then can officials know how seriously to take the nuclear saber-rattling and develop an appropriate response.
While American presidents going back to George W. Bush have failed to appreciate the depth and passion of Mr. Putin’s hostility to the U.S., the Russian president isn’t that hard to read. Like a movie supervillain who can’t resist sharing the details of his plans for world conquest with the captured hero, Mr. Putin makes no secret of his agenda. At Friday’s ceremony marking Russia’s illegal and invalid “annexation” of four Ukrainian regions, he laid out his worldview and ambitions in a chilling and extraordinary speech that every American policy maker should read.
Mr. Putin sees global politics today as a struggle between a rapacious and domineering West and the rest of the world bent on resisting our arrogance and exploitation. The West is cynical and hypocritical, and its professed devotion to “liberal values” is a sham. The West is not a coalition of equals; it represents the domination of the “evil Anglo-Saxons” over the Europeans and Japan. Mr. Putin sees this American-led world system as the successor to the British Empire, and he blames the Anglo-Saxon or English-speaking powers for a host of evils, from the Atlantic slave trade to European imperialism to the use of nuclear weapons in World War II.
This attack on “Anglo-Saxon” greed, brutality and hypocrisy is not original to Mr. Putin. He is reading from a script developed by opponents of British and American liberal capitalism and geopolitical power over hundreds of years. Napoleon could have delivered large swathes of this speech. Very different figures such as Kaiser Wilhelm II, Adolf Hitler as well as Joseph Stalin, Imperial Japanese leaders like Hideki Tojo, Iran’s Ayatollah Ruhollah Khomeini and Osama bin Laden shared much of Mr. Putin’s critique. One can hear versions of it on many college campuses, and it plays a significant role in the intellectual and cultural life of many postcolonial countries and movements around the world.
Again, this is a long read, so I hope you will also be able to do so without hitting a paywall. If it helps, I clicked on a link from Memeorandum.
The latest Ukraine news from The Washington Post: Ukraine hammers Russian forces into retreat on east and south fronts.
Ukrainian troops on Tuesday accelerated their military advances on two fronts, pushing Russian forces into retreat in the Donetsk and Luhansk regions to the east and Kherson region to the south.
The gains showed Kyiv continuing to recapture occupied territory on the same day that President Vladimir Putin and his rubber-stamp parliament sought to formalize their increasingly far-fetched annexation claims of four Ukrainian regions.
“The Ukrainian armed forces commanders in the south and east are throwing problems at the Russian chain of command faster than the Russians can effectively respond,” said a Western official who requested anonymity to brief reporters about sensitive security information. “And this is compounding the existing dysfunction within the Russian invasion force.”
Ukraine has been pushing to take back as much of its occupied territory as it can before Russia potentially sends hundreds of thousands of reinforcements to the battlefield, following a recent mobilization effort.
The Story of Dr. Dolittle, illustrated by Angel Dominguez
The Ukrainian counteroffensive, which had moved far more slowly in the south compared to the lightning push through the northeast Kharkiv region in September, has suddenly picked up speed, with Russian units retreating in recent days from a large swath of territory along the west bank of the Dnieper River.
Ukrainian forces pushed ahead dozens of miles into the southern Kherson region, liberating towns and villages and recreating scenes from mid-September when they swept into Kharkiv and were greeted by joyful residents who had spent many months under Russian occupation.
On Monday, the spokesperson for the Russian Defense Ministry acknowledged that “superior tank units” of Ukraine had “wedged in the depth of our defense line” near the villages of Zolota Balka and Oleksandrivka in the Kherson region.
Read the rest at the WaPo.
Yesterday was day one of the Oath Keepers seditious conspiracy trial:
CNN: Takeaways from the dramatic first day and opening statements of the Oath Keepers trial.
With the historic case that they had brought against Oath Keepers accused of plotting to attack the US Capitol on January 6, 2021, prosecutors framed up how the jury should think about the allegations with an hour-plus opening statement that kicked off the trial in earnest.
Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.
The Justice Department’s opening statement featured messages and other communications among the defendants that prosecutors say show the Oath Keepers’ unlawful plotting to disrupt Congress’ certification of President Joe Biden’s electoral win. As the prosecutors sought to use the words of the defendants against them, they also played video capturing the Oath Keepers’ actions in the Capitol and displayed maps and charts to help the jury follow along. Each juror has their own screen to see evidence.
“They said out loud and in writing what they planned to do,” Jeffrey Nestler, an assistant US Attorney, told the jury. “When the opportunity finally presented itself … they sprang into action.”
A lawyer for Rhodes, the first defense attorney to deliver an opening statement told the jurors that they will see evidence that will show that the defendants “had no part in the bulk” of the violence that occurred on January 6.
“You may not like what you see and hear our defendants did,” attorney Phillip Linder said, “but the evidence will show that they didn’t do anything illegal that day.”
That’s the introduction to the story. Read the takeaways at CNN. Again, it’s a long read.
The Washington Post: U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6.
Thursday Reads
Posted: September 29, 2022 Filed under: Afternoon Reads, just because | Tags: Climate change, Florida, Hurricane Ian, hurricanes, weather 15 CommentsGood Afternoon!!
It’s pretty clear that Hurricane Ian did catastrophic damage in Florida, although there still isn’t much specific reporting on it. The images on TV are horrifying though. We’ll likely be getting more details throughout today and over the next few days. The storm is now moving toward Georgia and the Carolinas. You can read live updates at the Weather Channel: Tropical Storm Ian Live Updates: Catastrophic Damage; Destruction Hampers Rescue Efforts; Death Reported.
More on Ian:
At least three sections of the Sanibel Causeway were washed away by storm surge from Hurricane Ian, according to video from CNN affiliates WBBH and WPLG, severing the Sanibel and Captiva islands’ only connection to Florida’s mainland.
The videos from the causeway show two portions of the ramp to both bridges washed away, as well as a stretch of roadway that crossed an island in the middle of the causeway.
A portion of the Sanibel Causeway Bridge “was damaged/washed out,” Lieutenant Gregory S. Bueno with the Public Affairs Division of Florida Highway Patrol told CNN. All lanes of the bridge are currently closed and the severity of the closure is listed as “major,” according to Florida 511.
Law enforcement and personnel from the Lee County Department of Transportation are on scene at the causeway, officials said in an update Thursday morning, and bridge inspectors were working to asses all bridges in Lee County. Residents are advised to remain off the roads “unless absolutely necessary.
The county, which includes Fort Myers in addition to Sanibel and Captiva islands and Cape Coral, suffered “catastrophic damage” from the storm, officials said in their update, noting that 98% of the county remains without power.
Urban search and rescue crews from local agencies are “actively engaged in search and rescue efforts,” with federal search and rescue teams being deployed. In the meantime, the 15 shelters opened prior to the storm’s arrival remain open.
Also from CNN this morning: Rescuers scour Florida’s flooded disaster zone amid massive power outages as Ian continues its ruinous crawl.
Rescuers have been pulling people from roofs as they work to respond to hundreds of calls for help since Ian – now a tropical storm marching across Florida – slammed the state’s west coast as a Category 4 hurricane, its surge trapping residents and its monstrous winds and flooding rains leaving millions without power and many without drinkable water.
Many are believed to need rescuing in hard-hit southwest Florida’s Fort Myers area, FEMA chief Deanne Criswell said Thursday morning. The nearby Naples area was similarly slammed – feet of water submerged streets, nearly swallowing vehicles and rushing into the first floors of homes and businesses – after Ian’s center plowed ashore near Cayo Costa on Wednesday afternoon as one of the strongest storms ever to make landfall on Florida’s west coast.
The Coast Guard and National Guard were “pulling people off of roofs in Fort Myers” with aircraft Thursday morning, Coast Guard Rear Adm. Brendan McPherson told CNN. Coast Guard crews have rescued at least 23 people since Wednesday, the service said.
Roughly five people are believed to have died in Lee County, the sheriff said, and parts of a key bridge there from Sanibel and Captiva islands to Florida’s mainland have been washed out.
Collapsed buildings, flooding, downed power lines and impassable roads were reported early Thursday by survey crews across southwest Florida. More than 2.5 million homes and businesses statewide have no power Thursday morning, according to PowerOutage.us, and some drinking water systems have broken down completely or have boil notices in effect.
Still, much about the misery remains unknown: how many lives Ian may have ended, how many people remain trapped, how many homes were wrecked beyond repair and how long it might take to restore a semblance of ordinary life.
The storm will now move up the coast to do more damage. This story at NBC discusses how climate change is affecting storms like Ian: Why ‘Category 4’ doesn’t begin to explain Hurricane Ian’s dangers.
Even as Ian gathered strength and neared Category 5 status, experts warned that solely paying attention to a hurricane’s category often masks just how destructive and life-threatening these storms can be — particularly as climate change makes hurricanes both rainier and more intense.
Hurricane Ian is already proving to be a devastating storm. After knocking out power to all of Cuba on Tuesday, Ian is forecast to dump up to 24 inches of rain over parts of Florida and trigger up to 18-foot storm surges from Englewood to Bonita Beach, according to the National Hurricane Center…
In the days leading up to Ian’s landfall, many drew comparisons to Hurricane Charley, which struck Florida’s southwestern coast as a Category 4 storm in 2004. But while past hurricanes can provide helpful context, Ian is sure to be a wildly different storm, said Kimberly Wood, an associate professor of meteorology at Mississippi State University.
“We’re looking at a similar category as Hurricane Charley, but the impacts will be very, very different,” they said.
Many of the most destructive and potentially deadly impacts of a hurricane — including storm surge, flooding and rainfall — are not accounted for in a storm’s category number. That’s because these categories refer to a storm’s rating on what’s known as the Saffir-Simpson Hurricane Wind Scale, which ranks hurricanes from 1 to 5 based on a storm’s maximum sustained wind speed.
The categories are used to estimate potential damage to property from hurricane winds, but where it becomes problematic is if people use the rankings to gauge other impacts on land.
“It has nothing to do with the size of a storm, and it has very little to do with how much rain is produced,” Wood said. “People hyper-focus on the category when the category is a very small part of the picture of what a hurricane might do to a location.”
The effects of climate change:
Hurricane Ian’s rainfall projections across Florida are a major concern and fit within a broader trend of storms becoming rainier in recent years due to climate change. A warmer atmosphere can hold more moisture, which often means heavy rain and catastrophic flooding when these storms make landfall.
Warmer ocean waters and other changes associated with climate change could also help hurricanes like Ian intensify rapidly as they near shore, said Karthik Balaguru, a climate scientist with the Pacific Northwest National Laboratory.
As they approach the coast, major hurricanes can generate life-threatening storm surge, which refers to the abnormal rise in water levels because of the storm. Even lower-ranked hurricanes on the Saffir-Simpson scale can generate huge storm surge.
As we saw yesterday, the storm surge in Florida was devastating.
More on climate change and hurricanes at Vox: Hurricane Ian’s rapid intensification is a sign of the world to come.
On Monday morning, Hurricane Ian had wind speeds of 75 miles per hour. Just 48 hours later, those speeds had more than doubled. On Wednesday, as the storm made landfall in southwestern Florida, Ian’s wind hit 155 mph — just shy of a Category 5 storm, the most severe category for a hurricane.
Such rapid growth is known by meteorologists as “rapid intensification.” It’s defined as storms whose wind speeds increase by roughly 35 mph or more in less than 24 hours. “Ian definitely met that criteria,” said Paul Miller, a professor of oceanography and coastal sciences at Louisiana State University.
While wind speed isn’t the only force that makes storms dangerous, hurricanes that rapidly intensify are especially worrisome. They can easily catch coastal communities off guard, giving them little time to prepare, Miller said.
What caused the rapid intensification?
It’s an important question, as storms like this one are highly destructive and are likely to become more frequent in the years to come.
There are three main ingredients that, when mixed together, can result in a rapidly intensifying hurricane: moist air, low wind shear (wind coming from different directions or at different speeds), and warm ocean water….
Ian had them all. As it developed several days ago, the storm system faced some disrupting winds, but there was little shear as it grew over the last few days, Miller said. And Ian has largely avoided a region of dry air in the Gulf of Mexico. (Had Ian hit Florida farther north, it might have deteriorated faster, he said.)
Then there’s the warm ocean water. The Gulf of Mexico has been unseasonably warm this summer, according to the National Weather Service. And climate change is heating the Caribbean ocean by a little over 1 degree C (1.8 degrees Fahrenheit) per century.
“Even small changes — half a degree C, or a degree — can really make a big difference,” said Brian McNoldy, a hurricane researcher at the University of Miami.
Another reason why the ocean is so warm is that it’s been a relatively quiet hurricane season so far. As hurricanes churn through the Caribbean, they sap heat from the water and churn it up, making it colder and less favorable for rapid intensification, Miller said.
Read more at Vox.
More news, links only:
Charlie Savage at The New York Times: ‘Giant Backfire’: Trump’s Demand for Special Master Is Looking Like a Mistake.
The Daily Beast: Judge Warns of Justice Department’s Gift to Trump That Could Keep on Giving.
Just Security: Tracker: Evidence of Trump’s Knowledge and Involvement in Retaining Mar-a-Lago Documents.
The Washington Post: Pentagon will double powerful HIMARS artillery for Ukraine.
AP: Russia poised to annex occupied Ukraine after sham vote.
Forbes: Russian Sabotage Of The Nord Stream Pipeline Marks A Point Of No Return.
NPR: EU officials and others are concerned about explosions at Nord Stream pipelines.
The Daily Beast: Rep. Marjorie Taylor Greene’s Husband of 27 Years Files for Divorce.
Unfortunately, Ian didn’t wash Mar-a-Lago away, but Trump is stuck there.
Tuesday Reads
Posted: September 27, 2022 Filed under: Afternoon Reads, SCOTUS | Tags: Denver Riggleman, NASA, Opus Dei, Pope Francis, Robin Morgan, Supreme Court, vatican 18 CommentsGood Afternoon!!
Robin Morgan
Yesterday, thanks to a series of tweets by Delphyne, I read an excellent essay by Robin Morgan on religion and U.S. politics, specifically focused on the shadowy Catholic group Opus Dei. It’s long, but I highly recommend reading it, because members of the group dominate the Supreme Court and strongly influence the Republican Party. Although the post is about the Catholic Church, Morgan notes that protestant evangelicals are equally dangerous to our democracy. I’ll try to give you the gist with some excerpts:
Opus Dei is a powerful, secretive organization with members in political, economic, and church leadership throughout the world. Opus Dei reveals no details about its finances, maintains a high degree of control over its members, and censors their reading matter as “appropriate or inappropriate.” Women’s membership has been another source of criticism, due to rank misogyny in its teachings and practice: for example, women are supposedly treated as equals, but are separated from men in their personal spiritual training and in separate branches; in many male Opus Dei centers, women visit every evening to cook for the men, and then leave with no social interaction whatsoever. Sexual abuse cases in Spain, Mexico, Uruguay, Chile, and the United States have been investigated, with canonical sanctions (but not civil or criminal charges) applied to the perpetrators. These “controversies” include those above-mentioned, plus recruiting methods aimed at teenagers being separated from their families; illicit use of psychiatric drugs; misleading of the lay faithful about their status and rights under Canon Law; extreme fasting and mortification of the flesh practiced by celibate members; elitism; and support of authoritarian governments….
Founded in 1928, Opus Dei was formally approved by the Holy See in 1950 as a secular institute—a new form of religious association whose members “profess evangelical councils in secular life.” On November 28, 1982, Pope John Paul II, a staunch supporter of Opus Dei, designated it a “personal prelature,” the first and only independent and personal Prelature in the Church–under the sole jurisdiction of the pope and no other prelate, and with jurisdiction over persons rater than a geographic area. Later, John Paul II also allowed an unusually swift canonization of Escrivá–faster than any saint in history–because Opus Dei had bailed out the Vatican Bank with $250 million in 1985.
Fortunately, Pope Francis recently reduced the power of Opus Dei within the Church and ordered them to report to him more frequently.
How has Opus Dei influenced the U.S. government and the courts?
Scattered lists of prominent Opus Dei members are available, if they’ve “outed” themselves first. These include the president of Spain’s largest bank in assets and the president of Spain’s third biggest bank, the chief financial officer of Ireland’s largest bank, and Juan Antonio Samaranch, former president of the International Olympic Committee. The group also targeted for conversion political and business leaders such as former Speaker of the House Newt Gingrich; former U.S. Senator Sam Brownback; Judge Robert Bork (Reagan’s failed Supreme Court nominee); Fox News host Laura Ingraham, and Larry Kudlow (Trump’s director of the National Economic Council, who wrote in 2016 that plutocracy is “just what America needs”).
Leonard Leo
The infamous “troika” that served Donald Trump’s regime so effectively was constituted of the arch-conservative, powerful, Federalist Society, the CIC (Catholic Information Center, an ultra right-wing think tank), and Opus Dei. Pat Cipollone, who served as Trump’s White House Counsel from December 2018 to January 2021, was listed as a member of the CIC Board until CIC stopped publishing their board list in October 2018; today, his daughter-in-law is a law clerk for Supreme Court Justice Amy Coney Barrett. William Barr chaired the CIC board in 2014 and served there until 2017, when he joined Trump as Attorney General. Following his departure as AG in January 2021, Barr returned to the CIC as a senior fellow, and last October (2021) became the new “St. Thomas More Chair.”
Interlocking troika board members and officials are stunningly hidden in plain sight. Leonardo Leo, a self-declared Opus Dei operative, was also the executive vice president of The Federalist Society, and Chair of the Board of Directors of the CIC (which, by the way, is two blocks from the White House). Leo hits every base. All this is a matter of record….
The extremely powerful man who forwarded five names to the Senate for approval as supreme court justices was Leonardo Leo. It was Leo who pushed Mitch McConnell to nominate Justices Roberts, Alito, Gorsuch, Kavanaugh, and Barrett. The troika’s role in installing Trump’s justices is also a matter of record. According to Church and State, “Of the Supreme Court members, six (Brett Kavanaugh, Neil Gorsuch, Clarence Thomas, John Roberts, Samuel Alito, and Amy Coney Barrett) are current or former members.”
Others have also identified the late Justice Antonin Scalia as an Opus Dei member; his wife attended Catholic Information Center events and his son has spoken there. Church and State Magazine writes that “Leo has been a longtime friend and champion of Justice Clarence Thomas,” and that when John Roberts was nominated for the Court, Leonard Leo “assured conservative Catholics that Roberts will not follow the same path as Anthony Kennedy” (who apparently went “squishy” and liberal).
I’ve probably quoted too much, but I think this is vitally important information for understanding the right wing attack on on the separation of church and state and the need to fight to preserve American democracy generally.
I wasn’t able to watch the NASA video feed yesterday, but I know some Sky Dancers were very excited about it. Here’s a report from The Washington Post: NASA crashes spacecraft into asteroid, passing planetary defense test.
NASA managed Monday to crash a small spacecraft directly into an asteroid, a 14,000-mile-per-hour collision designed to test whether such a technology could someday be deployed to protect Earth from a potentially catastrophic impact.
The violent end of the Double Asteroid Redirection Test (DART) spacecraft thrilled scientists and engineers at the Johns Hopkins University Applied Physics Laboratory in Laurel, Md., which operated the mission under a NASA contract.
The asteroid, Dimorphos, is the size of a stadium — or the Great Pyramid of Giza, as one scientist put it Monday — and is about 7 million miles from Earth at the moment. It orbits a larger asteroid named Didymos. Neither poses a threat to our planet now or anytime in the foreseeable future.
This was just a test, NASA’s first demonstration of a potential planetary defense technique, called a kinetic impactor. The idea is to give a hypothetically dangerous asteroid just enough of a blow to alter its orbital trajectory.
Launched last November from California, the spacecraft was small, roughly the size of a vending machine or golf cart. Dimorphos is rather big — roughly 500 feet or so in diameter, although its precise shape and composition were unknown before the final approach. Scientists anticipated a plume of debris from the asteroid upon impact but no significant structural change. This is more akin to a bug splattering on a windshield.
“This isn’t just bowling-ball physics,” Applied Physics Laboratory planetary scientist Nancy Chabot told reporters. “The spacecraft’s gonna lose.”
But even small effects on an asteroid’s movement could prove a planet-saver. An early collision with an asteroid, if done early enough — say, 5 to 10 years in advance of its projected encounter with Earth — could be just enough to slow it down and make it miss.
Read more at the WaPo.
Denver Riggleman
I’m torn about how to take the revelations in the new book by former Republican Congressman Denver Riggleman, released today. Is it really that important for the January 6 Committee to keep all their findings secret until they reveal them in their rare public hearings? Frankly, I would have liked to see many more hearings and more information released to the public. But maybe I’m wrong. I’m no expert, but I think Riggleman has some good points. If you’re interested, I suggest watching the 60 Minutes interview (in which Riggleman says he resigned because the Committee refused to subpoena Ginni Thomas) and reading this post from Riggleman’s co-author Hunter Walter: Walking You Through ‘The Breach’
The book was written by Denver Riggleman, an ex-congressman and former senior adviser to the House select committee investigating the attack on the Capitol. Helping Denver tell his story was the honor of a lifetime. As any regular reader of this site knows, I was at the Capitol on January 6 and, ever since, have dedicated myself to exposing what happened that day. Bringing Denver’s story to the world is the culmination of those efforts.
I believe this book contains some of the most dramatic revelations about the attack on the Capitol and the involvement of the Trump administration as well as Republican members of Congress in the violent attempt to overturn the 2020 election.
— Denver advised the committee from August 2021 through April 2022. During that time, he led and assembled a team that was focused on telephone analysis. These investigators helped the committee obtain phone records from persons of interest including high-level associates of President Trump and individuals who have been charged with participating in the Capitol attack. The team used this data to compile maps that — quite literally — show the direct links between the political and militant components of the effort to overturn the election. The largest map was dubbed “The Monster” [see graphic above] by Denver and his team. He discussed it in more detail in an interview with “60 Minutes” that aired on Sunday.
— Phone records obtained by Denver’s team showed there was a call to a rioter’s cell phone that was connected through the White House switchboard during the Capitol attack. Following Denver’s appearance on “60 Minutes,” CNN identified the rioter who received the call as Anton Lunyk, a Brooklyn, New York man who entered the Capitol building on January 6….
— The committee’s link maps also show extensive coordination between militant groups that took part in the attack, namely the Proud Boys and Oath Keepers. Along with communicating with each other, these groups were in extensive contact with Trump associates and activists who planned rallies that occurred in Washington on January 6.
— Denver’s team also helped analyze and decipher thousands of text messages that were provided to the committee by Trump’s former chief of staff, Mark Meadows. He describes these messages as “irrefutable time-stamped proof of a comprehensive plot — at all levels of government — to overturn a free and fair election and leave Trump in power.”
There’s more at the link.
More interesting stories, links only:
Julia Ainsley at NBC News: Secret Service took the cellphones of 24 agents involved in Jan. 6 response and gave them to investigators.
The Washington Post: Putin grants citizenship to Edward Snowden, who exposed U.S. surveillance.
Timothy Noah at The New Republic: Hell Is a World in Which Everybody Writes Like Axios.
CNN: Historic trial for Oath Keepers leader and his top lieutenants over January 6 set to begin.
Alan Feuer at The New York Times: Sedition Trial of Oath Keepers to Get Underway.
Tommy Christopher at Mediaite: Ex-Staffer Says DeSantis TORCHES Trump in Private: ‘Moron Who Has No Business Running For President’
Gabriel Sherman at Vanity Fair: Ron DeSantis: The Making and Remaking (an Remaking) of a MAGA Heir.
Tom Nichols at The Atlantic: The Russian Clocks Are All Ticking. Putin is running out of time.
That’s it for me today. What are your thoughts? What stories are you following?
Thursday Reads: Trump’s Terrible Day
Posted: September 22, 2022 Filed under: Afternoon Reads, Donald Trump, Hillary Clinton, SCOTUS | Tags: 11th Circuit appeals court, Clarence Thomas, declassification of documents, Ginni Thomas, Judge Aileen Cannon, Letitia James, New York Attorney Genral 27 CommentsGood Afternoon!!
Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:
Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.
First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.
For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.
For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.
The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.
The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).
What the three-judge panel–including two judges appointed by Trump–said:
Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.
Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….
But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….
In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.
You might also check out this straight news piece by Charlie Savage, et al. at The New York Times:
In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.
Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.
This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.
In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.
New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.
The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.
With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.
Read the rest at Just Security. Here’s John Buss’s commentary:
What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.
From the article:
The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.
Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”
Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.
But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.
Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.
She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.
It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.
More news, links only:
Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.
The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.
Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.
AP News: At least 9 killed as Iran protests spread over woman’s death.
NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.
The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.
Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.
NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.
Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.
NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.
Have a tremendous Thursday, Sky Dancers!!
Thursday Reads
Posted: September 15, 2022 Filed under: Afternoon Reads, Donald Trump | Tags: Department of Justice, Elena Kagen, Gregg Abbott, human trafficking, immigration, January 6 Committee, Judge Aileen Cannon, Letitia James, Mark Meadows, Martha's Vineyard, Peter Baker, Ron DeSantis, Supreme Court, Susan Glasser, Trump books, VP Kamala Harris 35 CommentsGood Afternoon!!
Once again, the there is so much news that I can’t possibly address everything. The Republican governors of Florida and Texas are engaging in childish behavior that actually could be categorized as human trafficking. Investigations of Trump at the DOJ, the New York Attorney General’s office, and the House January 6 Committee are moving forward. Last night CNN broke the news that Trump’s final chief of staff Mark Meadows is cooperating with a subpoena from the DOJ.
Sometime today, we should get a decision from Judge Loose Cannon about whether she will name a special master to examine government documents that Trump stole; if she orders a third party to look at highly classified documents, the DOJ will appeal to the 11th Circuit Court. Justice Elena Kagen issued a scathing critique of the Supreme Court. And finally, there are revelations from a new book by married reporters Peter Baker and Susan Glasser. I’ll get to as many of these stories as I can.
DeSantis and Abbott Use Migrants in Despicable Stunts
The Vineyard Gazette: Planeloads of Venezuelan Migrants Arrive at Martha’s Vineyard Airport.
Planes carrying approximately 48 migrants from Venezuela and Colombia landed unexpectedly at Martha’s Vineyard Airport Wednesday afternoon. Island officials and volunteers quickly rallied to find temporary shelter for the group.
“We’re immigrants,” Eliase, who said he was from Venezuela, told the Gazette. “We came here because of the situation in our country, for the economy, for work, for lots of things. I came here walking. We went through 10 different countries until we got to Texas. There a refugee association put us in a plane and told us there would be work and housing here. I feel good, despite everything. We spent four days in Texas so it’s good to be here.”
State Sen. Julian Cyr said the planes originated in San Antonio, Tex., and appeared to be part of a larger campaign to divert migrants from border states.
“Just like the reverse freedom rides in the 1960s, this endeavor is a cruel ruse that is manipulating families who are seeking a better life,” Senator Cyr said. “No one should be capitalizing on the difficult circumstances that these families are in and contorting that for the purposes of a “gotcha” moment.”
Florida Gov. Ron DeSantis later issued a statement to media outlets confirming that the airlift “was part of the state’s relocation program to transport illegal immigrants to sanctuary destinations.”
A coalition of emergency management officials, faith groups, nonprofit agencies and county and town officials were organizing food and shelter for the migrants, who spent Wednesday night at St. Andrews Church in Edgartown. The Salvation Army, among others, was providing food.
In a news release Thursday morning, the Martha’s Vineyard Humanitarian Response effort asked that inquiries about how to help be sent by email to EMD@dcsoma.org.
DeSantis used taxpayer money for this, and the immigrants were never even in Florida.
More from NPR this morning: Migrants on Martha’s Vineyard flight say they were told they were going to Boston.
The unannounced flight drew anger from Massachusetts officials.
“We have the governor of Florida … hatching a secret plot to send immigrant families like cattle on an airplane,” said state Sen. Dylan Fernandes, who represents Martha’s Vineyard. “Ship them women and children to a place they weren’t told where they were going and never alerted local officials and people on the ground here that they were coming. It is an incredibly inhumane and depraved thing to do.”
NPR was able to interview three of the migrants late Wednesday. “They (the migrants) told us they had recently crossed the border in Texas and were staying at a shelter in San Antonio,” NPR’s Joel Rose said on today’s Morning Edition.
The migrants said a woman they identified as “Perla” approached them outside the shelter and lured them into boarding the plane, saying they would be flown to Boston where they could get expedited work papers. She provided them with food. The migrants said Perla was still trying to recruit more passengers just hours before their flight.
Andres Duarte, a 30-year-old Venezuelan, said he had recently crossed the border into Texas and eventually went to a shelter in San Antonio.
“She (Perla) offered us help. Help that never arrived,” Andres said. “Now we are here. We got on the plane with a vision of the future, of making it.” He went on to explain why he boarded the plane with so little information in hand. “Look, when you have no money and someone offers help, well, it means a lot.”
WBUR: 2 busloads of migrants dropped off near VP Harris’ residence.
Two buses of migrants from the U.S.-Mexico border were dropped off near Vice President Kamala Harris’ home in residential Washington on Thursday morning in the bitter political battle over the Biden administration’s immigration policies.
It wasn’t immediately clear which Republican leader had sent them. Texas Gov. Greg Abbott has been busing migrants out of Texas to cities with Democratic mayors as part of a political strategy this year because he claims there are too many arrivals over the border to his state. Arizona Gov. Doug Ducey also has adopted this policy, and Florida Gov. Ron DeSantis also got in on the act recently. It was first dreamed up by former President Donald Trump.
About two dozen men and women stood outside the U.S. Naval Observatory at dawn, clutching clear plastic bags of their belongings brought with them over the border, before moving to a nearby church. Harris’ office had no immediate comment.
This story is still developing.
Multiple Trump Investigations
CNN: Exclusive: Mark Meadows complied with DOJ subpoena in January 6 probe.
Former White House chief of staff Mark Meadows has complied with a subpoena from the Justice Department’s investigation into events surrounding January 6, 2021, sources familiar with the matter tell CNN, making him the highest-ranking Trump official known to have responded to a subpoena in the federal investigation.
White House Chief of Staff Mark Meadows…on October 30, 2020… (Photo by Sarah Silbiger/Getty Images)
Meadows turned over the same materials he provided to the House select committee investigating the US Capitol attack, one source said, meeting the obligations of the Justice Department subpoena, which has not been previously reported.
Last year, Meadows turned over thousands of text messages and emails to the House committee, before he stopped cooperating. The texts he handed over between Election Day 2020 and Joe Biden’s inauguration, which CNN previously obtained, provided a window into his dealings at the White House, though he withheld hundreds of messages, citing executive privilege.
In addition to Trump’s former chief of staff, one of Meadows’ top deputies in the White House, Ben Williamson, also recently received a grand jury subpoena, another source familiar with the matter tells CNN. That subpoena was similar to what others in Trump’s orbit received. It asked for testimony and records relating to January 6 and efforts to overturn the 2020 election. Williamson previously cooperated with the January 6 committee. He declined to comment to CNN.
Meadows’ compliance with the subpoena comes as the Justice Department has ramped up its investigation related to January 6, which now touches nearly every aspect of former President Donald Trump’s efforts to overturn his 2020 election loss – including the fraudulent electors plot, efforts to push baseless election fraud claims and how money flowed to support these various efforts, CNN reported this week.
The New York Times: N.Y. Attorney General May Sue Trump After Rejecting Settlement Offer.
The New York attorney general’s office has rebuffed an offer from Donald J. Trump’s lawyers to settle a contentious civil investigation into the former president and his family real estate business, setting the stage for a lawsuit that would accuse Mr. Trump of fraud, according to three people with knowledge of the matter.
The attorney general, Letitia James, is also considering suing at least one of Mr. Trump’s adult children, the people said. Ivanka, Eric and Donald Trump Jr., have all been senior executives at Mr. Trump’s company, the Trump Organization.
Letitia James
The likelihood of a lawsuit grew this month after Ms. James’s office rejected at least one settlement offer from Mr. Trump’s lawyers, the people said. While the Trump Organization for months has made overtures to the attorney general’s office — and the two sides could still reach a deal — there is no indication that a settlement will materialize anytime soon.
Ms. James, a Democrat who is running for re-election in November, is focused on whether Mr. Trump fraudulently inflated the value of his assets and has mounted a three-and-a-half-year inquiry that has cemented her as one of the former president’s chief antagonists. Mr. Trump, who has denied all wrongdoing and derided the investigation as a politically motivated witch hunt, has fired back at her, filing an unsuccessful lawsuit to block her inquiry and calling Ms. James, who is Black, a racist.
A lawsuit from Ms. James would supercharge their drawn-out battle, offering her an opportunity to deliver a significant blow to the former president and his business, which she vowed before taking office to “vigorously investigate.”
Axios: Jan. 6 panel’s subpoena yields “thousands” of Secret Service records.
The chair of the House select committee investigating the Jan. 6 Capitol attack said Wednesday that the panel has received “thousands of exhibits” from Secret Service agents in response to its July subpoena of the agency.
Why it matters: Uncovering information from the Secret Service has been a major focus for the panel since testimony during its public hearings in June and July revealed the agency’s role in key events on Jan. 6.
Driving the news: Chair Bennie Thompson (D-Miss.) told reporters that the materials obtained are “a combination of a number of text messages, radio traffic … thousands of exhibits.”
— Thompson said the the materials consist “primarily” of texts from agents on Jan. 5 and 6, but declined to go into further detail because the committee is still reviewing them.
— “The tranches we’ve received have been significant,” he said. “It’s a work in progress.”
— Rep. Zoe Lofgren (D-Calif.), another committee member, said on MSNBC on Wednesday “it’s been a large volume of information that we really pressed hard for the agency to release.”
CNN: House January 6 committee seeks more John Eastman emails.
The House select committee investigating the January 6, 2021, US Capitol attack is seeking another 3,200 pages of emails from John Eastman, the Trump attorney who spearheaded the far-fetched legal theory that then-Vice President Mike Pence could block Congress’ certification of Joe Biden’s win.
The committee told a federal judge in California in a filing late Wednesday that it needs the additional documents “so that it may complete its efforts, including preparation of the final report” before the end of the year.
In the filing, House counsel Douglas Letter asked US District Court Judge David Carter to review the remaining batch of emails and decide whether Eastman’s claims of executive privilege are valid.
“In light of this exchange over the past month or so, it seems clear that further consultation with Plaintiff’s counsel will not result in the Select Committee receiving the material that it seeks in a timely manner,” the filing states. “Accordingly, the Select Committee now moves for this Court to review and rule on Plaintiff’s claims of privilege” for the remaining documents.
Judge Loose Cannon
U.S. News: Judge’s Rulings Poised to Shape Trump Document Investigation.
U.S. District Judge Aileen Cannon is expected to announce shortly a third-party attorney to review hundreds of confidential documents seized from former President Donald Trump’s Mar-a-Lago residence last month, how long that special master will have to review the material and whether the Justice Department will be allowed to continue its investigation in the name of national security – highly anticipated decisions that will set the course of the prominent federal investigation.
The Justice Department has asked that Cannon rule on these matters by Thursday or it will appeal her ruling appointing a special master to the U.S. Court of Appeals for the 11th Circuit.
Earlier this week, Trump’s lawyers told the judge that the Justice Department should not be able to continue its review of classified material taken from Mar-a-Lago. In the 21-page filing, his legal team attempted to discredit the federal investigation, which they called “a document storage dispute that has spiraled out of control,” and repeated previous claims that Trump had the ability to declassify documents while president as well as broad authority to control his records – even after he left office.
Judge Aileen Cannon
The Justice Department filed a motion on Tuesday in response, slamming Trump’s lawyers for attempting to delay and discredit the investigation into his mishandling of national security documents, which they argued could cause “irreparable harm” to national security.
“Plaintiff [Trump] has characterized the government’s criminal investigation as a ‘document storage dispute’ or an ‘overdue library book scenario,’” the Justice Department said in a court filing. “In doing so, Plaintiff has not addressed the potential harms that could result from mishandling classified information or the strict requirements imposed by law for handling such materials.”
As it stands, the Justice Department said it would accept one of the three judges Trump’s legal team proposed as a special master, Judge Raymond Dearie, a nominee of former President Ronald Reagan who has served as a federal judge in New York since the 1980s. He retired in 2011 and is now a senior judge on the circuit. Trump rejected the candidates put forth by the Justice Department.
Justice Elena Kagan Speaks
Politico: Kagan repeats warning that Supreme Court is damaging its legitimacy.
Justice Elena Kagan warned again on Wednesday that unsound reasoning and politically convenient conclusions have infected the Supreme Court’s recent opinions and are doing damage to the court’s standing with the American public.
“When courts become extensions of the political process, when people see them as extensions of the political process, when people see them as trying just to impose personal preferences on a society irrespective of the law, that’s when there’s a problem — and that’s when there ought to be a problem,” Kagan said during an event at Northwestern University School of Law.
Kagan has offered similar criticism of the high court on several occasions over the past summer, following its momentous, 5-4 decision in June overturning Roe v. Wade and wiping out a federal constitutional right to abortion that had been recognized for nearly half a century.
However, the recent criticisms from Kagan, an appointee of President Barack Obama and a former Harvard Law School dean, now seem more pointed because they come just days after Chief Justice John Roberts expressed concern publicly that the court’s reputation is being unfairly battered.
In her remarks on Wednesday, Kagan did not mention the landmark abortion ruling she dissented from in June, but she did refer to other decisions where, she said, the court had colored outside the lines….
Among them was a ruling the court delivered on the final day of decisions in June, striking down a key element of the Biden administration’s climate change policy on the ground that Congress should have been more explicit if it was granting the Environmental Protection Agency authority over such a “major question.”
Revelations from New Book by Peter Baker and Susan Glasser
Book review by David Greenberg at the New York Times: A Sober Look at the ‘Cartoonishly Chaotic’ Trump White House.
“His job wasn’t to get things done but to stop certain things from happening, to prevent disaster.” This line from Peter Baker and Susan Glasser’s detail-rich history of the Trump administration, “The Divider: Trump in the White House, 2017-2021,” technically applies to his first secretary of state, Rex Tillerson. But in truth it describes any of several dozen beleaguered helpmates to the former president, whose propensity for petulant rage kept Washington in a fit of indignation and the White House in a mode of perpetual damage control for the better part of four years. Comprehensively researched and briskly told, “The Divider”is a story of disasters averted as well as disasters realized.
Squeezing the tumultuous events of the long national fever dream that was the Donald Trump presidency between two covers — even two covers placed far apart, as is the case with this 752-page anvil — would tax the skills of the nimblest journalist. Yet the husband-and-wife team of Baker and Glasser pull it off with assurance. It’s all here: the culture wars and the corruption, the demagogy and the autocrat-love, the palace intrigue and the public tweets, the pandemic and the impeachments (plural).
To be sure, asking readers in 2022 to revisit the Sturm und Drang of the Trump years may seem like asking a Six Flags patron, staggering from a ride on the Tsunami, to jump back on for another go. But those with strong stomachs will find a lot they didn’t know, and a lot more that they once learned but maybe, amid the daily barrage of breaking-news banner headlines, managed to forget.
Read more at the NYT.
Links to revelations from the book:
Axios: Trump scoops from Peter Baker and Susan Glasser’s new book.
The Guardian: Trump chief of staff used book on president’s mental health as White House guide.
The Washington Post: Trump told Jordan’s king he would give him the West Bank, shocking Abdullah II, book says.
CNN: ‘You’re blowing this’: New book reveals Melania Trump criticized her husband’s handling of Covid.
That’s it for me today. What are your thoughts, and what other stories are you following?
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