Mostly Monday Reads: The Case of Consumer Protection, Fiat money, and Other off-budget Agencies.

Posted: May 15, 2023 | Author: | Filed under: Afternoon Reads, American Fascists, Right Wing Angst | Tags: , , , , , | 9 Comments

Good Day, Sky Dancers!

Yes, it’s another rabbit hole.  Yes, it’s rather scholarly and lawyerly. Yes, we all didn’t catch this back in February when the 5th Circuit made a decision that may impact more than just the Consumer Financial Protection Bureau.  The Bureau has been on every outrage list of right-wingers and the financial industry due to its oversight of how it snags borrowers and then proceeds to drain every last drop of money it can.  You may remember this being set up by the Obama Administration under the leadership of Elizabeth Warren before her Senate run.

The most revealing thing about the scope of the case that SCOTUS agreed to review is the weird logic of the 5th Circuit and the actual grounds of the case. This is from Scotus Blog on February 27. It’s written by Amy Howe. “Court will review constitutionality of consumer-watchdog agency’s funding.” 

The Supreme Court on Monday agreed to take up a major case involving funding for the Consumer Financial Protection Bureau, which was formed in response to the 2008 financial crisis. A federal appeals court ruled in October that the funding mechanism for the CFPB violates the Constitution, but the Biden administration, which had asked the justices to weigh in, says that allowing the lower court’s decision to stand could raise “grave concerns” for “the entire financial industry.”

The announcement came as part of a list of orders from the justices’ private conference last week.

The case involving the CFPB began as a challenge by the payday-lending industry to a 2017 rule that (as relevant here) barred lenders from making additional efforts to withdraw payments from borrowers’ bank accounts after two consecutive failed attempts due to a lack of funds.

A three-judge panel of the U.S. Court of Appeals for the 5th Circuit rejected most of the groups’ challenges to the rule, but it ultimately struck down the rule based on the CFPB’s unique funding scheme, which operates outside the normal congressional appropriations process. Instead of receiving money allocated to it each year by Congress, the CFPB receives funding directly from the Federal Reserve, which collects fees from member banks. And that scheme, the court of appeals concluded, violates the Constitution’s appropriations clause, which directs that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” The appropriations clause, the court of appeals explained, “ensures Congress’s exclusive power over the federal purse,” which is in turn essential to ensure that other branches of government don’t overstep their authority. The court of appeals vacated the 2017 rule on the ground that the CFPB was receiving funding through that unconstitutional funding mechanism when it adopted the rule.

The CFPB came to the Supreme Court in November, asking the justices to take up the case and overrule what it characterized as the lower court’s “unprecedented and erroneous understanding of the Appropriations Clause.” The appropriations clause, the CFPB argued, means “simply that no money can be paid out of the Treasury unless it has been appropriated by an Act of Congress.” In the case of the CFPB, the government contends, “Congress enacted a statute explicitly authorizing the CFPB to use a specified amount of funds from a specified source for specified purposes. The Appropriations Clause requires nothing more.”

Let me explain why the court’s logic and the current makeup of SCOTUS worry me.  Many quasi-agencies are funded the same way the CFPB is funded.  If they let the logic of the 5th circuit stand, you would be surprised at what would likely be eliminated next.  This is from Nina Totenburg’s All Things Considered on February 27.

The Supreme Court agreed on Monday to take up a case that could threaten the existence of the Consumer Financial Protection Bureau and potentially the status of numerous other federal agencies, including the Federal Reserve.

A panel of three Trump appointees on the Fifth Circuit Court of Appeals ruled last fall that the agency’s funding is unconstitutional because the CFPB gets its money from the Federal Reserve, which in turn is funded by bank fees.

Although the agency reports regularly to Congress and is routinely audited, the Fifth Circuit ruled that is not enough. The CFPB’s money has to be appropriated annually by Congress or the agency, or else everything it does is unconstitutional, the lower courts said.

The CFPB is not the only agency funded this way. The Federal Reserve itself is funded not by Congress but by banking fees. The U.S. Postal Service, the U.S. Mint, and the Federal Deposit Insurance Corp., which protects bank depositors, and more, are also not funded by annual congressional appropriations.

In its brief to the Supreme Court, the Biden administration noted that even programs like Social Security and Medicare are paid for by mandatory spending, not annual appropriations.

“This marks the first time in our nation’s history that any court has held that Congress violated the Appropriations Clause by enacting a law authorizing spending,” wrote the Biden administration’s Solicitor General Elizabeth Prelogar.

Lydon Larouche, The John Birch Society, and now cryptocurrency maniacs, including Elon Musk, have been after all of these agencies for decades.  Have they found the court and the basis that could do that?  Tottenberg also notes this.

A conservative bête noire

Conservatives who have long opposed the modern administrative state have previously challenged laws that declared heads of agencies can only be fired for cause. In recent years, the Supreme Court has agreed and struck down many of those provisions. The court has held that administrative agencies are essentially creatures of the Executive Branch, so the president has to be able to fire at-will and not just for cause.

This is from the Consumer Finance Monitor. “SCOTUS agrees to decide whether CFPB’s funding is unconstitutional but will not hear case until next Term.”  We’re going to have to watch this one.

The sole question presented by the CFPB’s petition is:

Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I, § 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding.

Thus, by denying CFSA’s cross-petition and also rejecting CFSA’s request to consider the alternative grounds as antecedent questions to the CFPB’s petition, the Supreme Court is poised to decide the Appropriations Clause issue.

While the Court’s decision not to hear the case this Term means the Fifth Circuit decision will continue to be a cloud over all CFPB actions and could slow the pace of enforcement activity (particularly in pending cases where defendants can be expected to assert the Appropriations Clause issue as a defense), we do not expect it to impact the CFPB’s ongoing supervisory activity in any material way or deter Director Chopra from continuing to pursue his aggressive regulatory agenda.

Here’s an exciting read by Dave Troy, writing for The Washington Spectator, if you’d like to visit the crockpot of crazy folks wanting to tank our economy through debt default or any other possible way. “The Wide Angle: Crash the Global Economy? It’s Harder than It Sounds.”

Just yesterday, I visited the “Rage Against the War Machine” rally at the Lincoln Memorial. Organized by the Libertarian Party, the People’s Party, and the Schiller Institute (run by LaRouche’s widow, Helga Zepp), it was thick with leafleteers pushing LaRouche messaging and featured speeches by two dozen or so Putin-friendly speakers, including presidential candidates Jill Stein, Dennis Kucinich, Tulsi Gabbard, and Ron Paul.

One speaker led the crowd in a chant, “all wars are bankers’ wars,” bringing things full circle: the assertion being that it is only because we have departed from pure, good, and undefiled Austrian economics and the gold standard can (usually Jewish) bankers print the money required to fuel endless war. It seems no one at this anti-war rally had arrived at the most obvious solution: tell Vladimir Putin to withdraw his troops and go home.

Paul, the final live speaker of the day, predictably took the podium to chants of “End the Fed” with a phalanx of Russian flags behind him in the afternoon light. (Ironically, the Eccles Federal Reserve building, barely a block away, is undergoing renovations.)

The North-Paul strategy seems to be alive and well. The most obvious strategy to achieve it would be to crash the global economy by failing to raise the debt ceiling. Kevin McCarthy has repeatedly and explicitly stated his intent to pursue this, and the Washington Post recently reported that the strategy has been developed by former Trump budget director Russell Vought. But two things stand in his way.

The Debt Ceiling Crisis looms eminently. This is from Sahil Kapur and NBC News. “The big problem with trying to cut spending in a debt ceiling bill. President Biden and congressional leaders have a major hurdle to overcome as negotiators meet privately to consider a way forward and prevent a self-inflicted economic calamity.”

Heading into an expected meeting between President Joe Biden and congressional leaders this week, Republican lawmakers say an agreement on “spending caps” is important in securing their support to avert a dangerous debt default.

The House-passed debt ceiling bill would slash federal spending to fiscal year 2022 levels, requiring appropriators charged with allocating government funding to cut $131 billion compared with what Congress is currently spending.

Meeting that target without cutting defense funding would require a steep 17% cut to nondefense discretionary spending.

“Democrats will not let nondefense take a disproportionate share of deep cuts. So Republicans will have to moderate their cut demands if they want to spare defense,” said Brian Riedl, a former Senate Republican policy aide who now works at the Manhattan Institute, a conservative public policy think tank.

Riedl said they may be able to avoid the dispute by freezing spending rather than making cuts, suggesting “a two-year freeze” on federal spending as one possible endgame.

The trick is that Republicans do not want to touch Defense Spending. We’re not at war anywhere anymore so that should be the item to look for any cuts.  Spending on the Military generally is just about half of discretionary spending. No country spends the kinds of money we spend on its military budget.

We’re watching Turkey’s election go to run-offs while it appears Elon Musk is using Twitter in the interests of Erdogan and his business interests there.

Erdogan is currently trending on Twitter, along with a lot of information on how Twitter has successfully fought off Erdogan’s attempt to censor its content.

All of this should make for an interesting few weeks.

What’s on your reading and blogging list today?

Finally Friday Reads: A Neoconfederacy of Elephant-riding Corrupt Dunces

Posted: April 14, 2023 | Author: | Filed under: A thread for Ranting, abortion rights, American Fascists, Donald Trump, double-speak, fundamentalist Christians, Psychopaths in charge, Right Wing Angst, Uncle Clarence Thomas, War on Women, White Christian Nationalism, white nationalists | 13 Comments

Good Day, Sky Dancers!

So what does a Florida-based Dotard Ex-President have in common with a Massachusetts-based Computer Geeky Junior Airman?  They both have a need to share Top-Secret Documents to impress their friends.

The biggest difference is that the Geek was frog-marched into court and arrested for posting them on Discord. He was charged under the Espionage Act. The Dotard is still at large, and likely so are some Top Secret Documents.  We know he flaunted them around The Donny Dotard Clubhouse, but what other things happened with them?  There are so many questions about our classified documents processes now that we’re an international embarrassment.

There’s other news too. Ron DeSantis quietly–and in the dead of night– signed a six-week ban on abortion in Florida. Florida used to have abortion access making the South a death zone for fertile women.   Attorney General Garland has asked the Supreme Court to block the order by the Texas Grand Inquisitor on the status of mifepristone.  Regulatory chaos is likely to result in the FDA and could spread to other agencies, given the implications of the judge’s lunatic rationale. It’s the one day you can be happy there is such a thing as Big Pharma. The manufacturer of the pill has also filed for an immediate stay. We’re on Supreme Court Watch now. If they do nothing, the chaos will start at midnight with this decision and the conflicting one from Washington State.  All of these restrictions are highly unpopular with voters.

Oh, and have I mentioned Uncle Clarence Thomas sold his mother’s house to his billionaire buddy without reporting it, so he broke the law?  She still lives in the house, and her new landlord takes care of the place.

Welcome to the Neoconfederacy of Dunces or, as JJ mentioned yesterday, the Dawning of the Age of Idiocracy.

This one comes pretty directly out of some weirdo world.  This is from Hans Nichols, writing for AXIOS. “Conservatives plot text warnings on “woke” products.”  Yes, this does seem like a direct assault on the first amendment rights of businesses granted by Scalia et al. not that long ago.

A conservative group is offering a new service that texts “Woke Alerts” straight to the phones of grocery shoppers who want to know which brands are accused of taking political positions that are offensive to the right.

So, you can see that we have so much to write about this week that we’re torn between leaving something uncovered or quoting so much we run up the word counts. And, of course, JJ shows us that the political cartoon crowd has a lot of fodder.

So, there are a lot of links up top. Let me just highlight a few things.

Here is more detail on the Supreme Court Watch for the ruling on mifepristone.  This is from NBC News.” The Justice Department and the drugmaker are asking the Supreme Court to block the abortion pill ruling. The Biden administration and Danco Laboratories want to freeze a court decision that curbs access to the abortion pill mifepristone.”

The Biden administration on Friday asked the Supreme Court to block part of a court decision that prevents pregnant women from obtaining the key abortion drug mifepristone by mail.

Solicitor General Elizabeth Prelogar, representing the Food and Drug Administration, urged the court, which has a 6-3 conservative majority, to put on hold the entirety of a decision issued by Texas-based U.S. District Judge Matthew Kacsmaryk that handed a sweeping victory to abortion opponents.

“This application concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone,” Prelogar wrote in court papers.

Danco Laboratories, which makes Mifeprex, the brand version of the pill, filed a similar request on Friday.

Danco said it would be “irreparably harmed” if the decision goes into effect because it “will be unable to both conduct its business nationwide and comply with its legal obligations.”

This is the latest set of witnesses to discuss Trump’s Classified Documents theft.  This is from the New York Times. “Witnesses Asked About Trump’s Handling of Map With Classified Information. The map is just one element of the Justice Department’s inquiry into former President Donald Trump’s possession of sensitive documents and whether he obstructed justice in seeking to hold onto them.”

Federal investigators are asking witnesses whether former President Donald J. Trump showed off to aides and visitors a map he took with him when he left office that contains sensitive intelligence information, four people with knowledge of the matter said.

The map has been just one focus of the broad Justice Department investigation into Mr. Trump’s handling of classified documents after he departed the White House.

The nature of the map and the information it contained is not clear. But investigators have questioned a number of witnesses about it, according to the people with knowledge of the matter, as the special counsel overseeing the Justice Department’s Trump-focused inquiries, Jack Smith, examines the former president’s handling of classified material after leaving office and weighs charges that could include obstruction of justice.

One person briefed on the matter said investigators have asked about Mr. Trump showing the map while aboard a plane. Another said that, based on the questions they were asking, investigators appeared to believe that Mr. Trump showed the map to at least one adviser after leaving office.

A third person with knowledge of the investigation said the map might also have been shown to a journalist writing a book. The Washington Post has previously reported that investigators have asked about Mr. Trump showing classified material, including maps, to political donors.

The question of whether Mr. Trump was displaying sensitive material in his possession after he lost the presidency and left office is crucial as investigators try to reconstruct what Mr. Trump was doing with boxes of documents that went with him to his Florida residence and private club, Mar-a-Lago.

Among the topics investigators have been focused on is precisely when Mr. Trump was at the club last year. In particular, they were interested in whether he remained at Mar-a-Lago to look at boxes of material that were still stored there before Justice Department counterintelligence officials seeking their return came to visit in early June, according to two people familiar with the questions.

Hannah Knowles writes on “How DeSantis backed a six-week abortion ban — while barely talking about it. The Florida governor went from signing a 15-week ban last year to signing a six-week ban late at night on Thursday.”

The governor’s quiet embrace of the six-week ban reflects his team’s political calculations heading into 2024, as he gears up for a presidential primary where hard-line activists and voters wield influence. It underlines the continued pressure in the GOP for politicians to embrace tighter laws — even as numerous Republicans, including some DeSantis allies, worry that abortion bans have helped sink their candidates in critical general elections. And it highlights DeSantis’s longtime reluctance to make abortion a signature part of his public profile, though he has enacted major changes to laws on the procedure.

“The numbers show that Florida is a destination” for abortion, said Chad Davis, a candidate for the state House who worked for ex-state senator Kelli Stargel, the sponsor of the 15-week ban. “That’s an embarrassment to him.”

DeSantis has generally avoided talking about abortion, even as he tours the country touting other legislation he’s signed. Rather than roll out the six-week bill as a major agenda item, he gave vague endorsements: “I’m willing to sign great life legislation,” he told one reporter who put him on the spot. A six-week ban has proved divisive in his orbit, with some donors strongly opposed and other Republicans eager to simply move on.

President Biden has put out a statement on the arrest of the Leaker and his plans to review the classified documents processes.  Not let’s see hin do something about getting White Christian Nationalists out of the Military.

I’ll leave you with this from the High Priestess of QAnon.

What’s on your reading and blogging list today?

Thursday Reads: Serious Farce Edition

Posted: February 23, 2023 | Author: | Filed under: American Fascists | Tags: , , , , | 29 Comments

The Studio Boat (Le Bateau-atelier),Claude Monet,1876

Good Day Sky Dancers!

BB and I switched days this week so she can deal with inspectors in her apartment building, and I can take Keely to the vet tomorrow. So, I’m the one that gets to laugh with you–and at Trump–about his trip to Ohio, where he thinks a few cases of his Trump-branded water will look as Presidential as Biden going to Ukraine and standing firm with air raid sirens sounding.  This is especially true since his concessions to remove railroad safety standards led to the disaster and poisoned local water source. Trump’s trot to East Palestine, Ohio, spotlighted how seriously deluded his supporters are and how his policies have turned the country into a backward cesspool.

Who on earth could think that visiting a diaster you created compares to a Presidential visit to a warzone where war crimes and active missile and drone attacks are aimed at civilian targets? Are Trump supporters really that stupid? This is from the New York Times.  “Trump Visits East Palestine, Seeking to Draw Contrast With Biden. The former president has attacked the administration’s handling of the train derailment, even as his own environmental policies while in office have been criticized.”  His crowd was mostly wipipo, so he felt no need to toss water bottles at them.

 It was evocative of the former president’s time in office: an at-times meandering address, punctated by self-promotion — his brand-name Trump Water — and an undercurrent of grievance.

But as he visited the small Ohio town of East Palestine on Wednesday, former President Donald J. Trump sought to hammer home a message just by showing up — that his successor and the man he’s seeking to replace, President Biden, had been ineffective in responding to a domestic crisis after a train derailed and spewed toxic chemicals early this month.

Mr. Trump had arrived on the ground before either Mr. Biden or the transportation secretary to a train derailment many Republicans have turned into a referendum on a lack of federal concern with the needs of red-state America.

At an East Palestine firehouse where he met first-responders and local elected officials, Mr. Trump, in remarks behind a lectern, said that “what this community needs now are not excuses and all of the other things you’ve been hearing, but answers and results.”

 It was evocative of the former president’s time in office: an at-times meandering address, punctated by self-promotion — his brand-name Trump Water — and an undercurrent of grievance.

But as he visited the small Ohio town of East Palestine on Wednesday, former President Donald J. Trump sought to hammer home a message just by showing up — that his successor and the man he’s seeking to replace, President Biden, had been ineffective in responding to a domestic crisis after a train derailed and spewed toxic chemicals early this month.

Mr. Trump had arrived on the ground before either Mr. Biden or the transportation secretary to a train derailment many Republicans have turned into a referendum on a lack of federal concern with the needs of red-state America.

At an East Palestine firehouse where he met first-responders and local elected officials, Mr. Trump, in remarks behind a lectern, said that “what this community needs now are not excuses and all of the other things you’ve been hearing, but answers and results.”

Starry Night Over the Rhône, Vincent van Gogh,1888

This man gets worse every time he follows his slime trail out of Mar-a-lago.  Greed of senior management is all over the Ohio train derailment. This is from the Washington Post. “Crew tried to stop Ohio train after alert about overheating wheel bearing, NTSB says. Federal investigators’ preliminary report provides clues about the cause of the derailment and the response.”

The crew of the Norfolk Southern train that derailed in East Palestine, Ohio, received an alert about an overheating wheel bearing and was trying to slow the train before it came off the tracks, according to a preliminary National Transportation Safety Board report released Thursday.

As the engineer applied the brakes, an automatic braking system kicked in, according to the report. Investigators found that a wheel bearing was heating up over several miles as the train approached the derailment site, according to data from trackside sensors, but did not reach a critical threshold until shortly before the incident, when it registered 253 degrees above normal.

The report was released as Transportation Secretary Pete Buttigieg is visiting the scene in East Palestine, Ohio.
Buttigieg is set to get a briefing from investigators and meet with experts from his department who have been aiding the response. He is also expected to meet with members of the community, many of whom were forced to evacuate during a controlled burn of hazardous vinyl chloride in the derailed train cars.

The NTSB’s preliminary report didn’t formally reach conclusions about the cause of the derailment, but revealed new information about it. The boardsaid last week it had gathered evidence showing that a wheel bearing on the train overheated.

The Feb. 3 derailment — characterized by images of a fireball and billowing smoke rising over the community near the Pennsylvania border — has ignited calls for stricter regulation and increased fines for railroad safety breaches. Twenty cars in the 149-car Norfolk Southern train were carrying hazardous materials, 11 of which derailed along with 27 cars carrying nonhazardous goods, the NTSB said.

The agency’s preliminary report on Thursday indicated the train was traveling at 47 mph, below the speed limit of 50 mph, when it went off the tracks.

After the train came to a stop, the crew reported fire and smoke to the dispatcher, alerting of a possible derailment, the report said. The crew then was instructed to apply handbrakes to the two rail cars at the head of the train, then uncoupled the head-end locomotives and moved them about one mile from the rail cars.

Paul Cezanne, Annecy Lake,1896

ProPublica has this headline.  “A Norfolk Southern Policy Lets Officials Order Crews to Ignore Safety Alerts. In October, months before the East Palestine derailment, the company also directed a train to keep moving with an overheated wheel that caused it to derail miles later in Sandusky, Ohio.” This worries me because they run trains down the track that is pretty much right behind my house. The Saturday early morning train carries toxic substances, and many others carry oil and gas.

Norfolk Southern allows a monitoring team to instruct crews to ignore alerts from train track sensors designed to flag potential mechanical problems.

ProPublica learned of the policy after reviewing the rules of the company, which is engulfed in controversy after one of its trains derailed this month, releasing toxic flammable gas over East Palestine, Ohio.

The policy applies specifically to the company’s Wayside Detector Help Desk, which monitors data from the track-side sensors. Workers on the desk can tell crews to disregard an alert when “information is available confirming it is safe to proceed” and to continue no faster than 30 miles per hour to the next track-side sensor, which is often miles away. The company’s rulebook did not specify what such information might be, and company officials did not respond to questions about the policy.

The National Transportation Safety Board will be looking into the company’s rules, including whether that specific policy played a role in the Feb. 3 derailment in East Palestine. Thirty-eight cars, some filled with chemicals, left the tracks and caught fire, triggering an evacuation and agonized questions from residents about the implications for their health. The NTSB believes a wheel bearing in a car overheated and failed immediately before the train derailed. It plans to release a preliminary report on the accident Thursday morning.

ProPublica has learned that Norfolk Southern disregarded a similar mechanical problem on another train that months earlier jumped the tracks in Ohio.

Hudson River, Logging (1892) by Winslow Homer,

I listened to Joy Reid and her panel yesterday discuss how Republicans no longer argue for any actual policy and ideas because they know their rationale isn’t correct and it’s unpopular. Their plan is to simply us federal and state governments to push through laws to enact their drastic attacks on the US Constituion and hope their packed Supreme Court will go along with it.

Ron DeSantis is entirely in on creating challenges to first amendment rights and rights to privacy in the 14th amendment.  Still, the blueprint for these attacks was the decimation of Roe v. Wade which still remains highly unpopular. PRRI has this information about “Abortion Attitudes in a Post-Roe World: Findings From the 50-State 2022 American Values Atlas”.

Just under two-thirds of Americans (64%) say that abortion should be legal in most or all cases, while roughly one-third (34%) say it should be illegal in most or all cases. More granularly, 30% say abortion should be legal in all cases, 34% say it should be legal in most cases, 25% say it should be illegal in most cases, and just 9% say it should be illegal in all cases.

The share of Americans who say abortion should be legal in most or all cases has continued to increase since PRRI began tracking abortion legality in 2010, when it was at 55%. The share of those who say abortion should be illegal in most or all cases has shrunk (from 42% in 2010 to 34% now), with the proportion who say abortion should be illegal in all cases seeing the largest decline (from 15% in 2010 to 9% now).

However, there has been little movement in attitudes about abortion’s legality in the wake of the Supreme Court’s Dobbs decision in June 2022. In March 2022, 64% of Americans felt that abortion should be legal, as did a similar share in June (65%). After Dobbs, support for abortion’s legality remained fairly constant in August (64%), September (62%), and December (65%).

Thomas Hart Benton,
Current River, circa 1961

This latest DeSantis plot against the US Constitution is outrageiousl  This is from Politico.  “DeSantis wants to roll back press freedoms — with an eye toward overturning Supreme Court ruling. Florida Republicans are seeking to weaken laws protecting journalists.”

Florida Gov. Ron DeSantis’ broken relationship with the mainstream media could get even worse.

At the governor’s urging, Florida’s Republican-dominated Legislature is pushing to weaken state laws that have long protected journalists against defamation suits and frivolous lawsuits. The proposal is part DeSantis’ ongoing feud with media outlets like The New York Times, Miami Herald, CNN and The Washington Post — media companies he claims are biased against Republicans — as he prepares for a likely 2024 presidential bid.

Beyond making it easier to sue journalists, the proposal is also being positioned to spark a larger legal battle with the goal of eventually overturning New York Times v. Sullivan, the landmark 1964 U.S. Supreme Court ruling that limits public officials’ ability to sue publishers for defamation, according to state Rep. Alex Andrade, the Florida Republican sponsoring the bill.

“There is a strong argument to be made that the Supreme Court overreached,” Andrade said in an interview. “This is not the government shutting down free speech. This is a private cause of action.”

Andrade said he is working with DeSantis’ office on the bill: “I would say I am accepting their input.”

DeSantis has a combative relationship with many media outlets, refusing to conduct interviews with platforms except Fox News and building a communications team that openly brags that its role is to be antagonistic to members of the press. His former press secretary, Christina Pushaw, frequently argued with journalists on Twitter and was once suspended by the social media giant for abusive behavior.

The lady of the lake
Henry John Yeend King (English, 1855–1924)

There’s several news articles relevant to the DOJ investigation of the insurrection.

From the New York Times: Jared Kushner and Ivanka Trump Subpoenaed in Jan. 6 Investigation  —  The special counsel overseeing the inquiry into Donald Trump’s efforts to retain power after the 2020 election wants the former president’s daughter and son-in-law to testify to a grand jury.

From Rachel Weiner at the Washington Post: Rep. Scott Perry fights to keep phone from team probing Jan. 6 attack.

Also from the Washington Post is this update on the Fox-Dominion Lawsuit. “‘Incredibly damning:’ Fox News documents stun some legal experts. The disclosure of behind-the-scenes emails and texts greatly increased the chances that Dominion will win its $1.6 billion defamation lawsuit against Fox, experts say.”

The disclosure of emails and texts in which Fox News executives and personalities disparaged the same election conspiracies being floated on their shows has greatly increased the chances that a defamation case against the network will succeed, legal experts say.

If so, the messages could amount to powerful body of evidence against Fox, according to First Amendment experts, because they meet a critical and difficult-to-meet standard in such cases.

Dominion Voting Systems included dozens of messages sent internally by Fox co-founder Rupert Murdoch and on-air stars such as Tucker Carlson in a brief made public last week in support of the voting technology company’s $1.6 billion lawsuit against the network. Dominion claims it was damaged in the months after the 2020 election after Fox repeatedly aired false statements that it was part of a conspiracy to fraudulently elect Joe Biden.

Dominion said the emails and texts show that Fox’s hosts and executives knew the claims being peddled by then-president Donald Trump’s lawyers Rudy Giuliani and Sydney Powell weren’t true — some employees privately described them as “ludicrous” and “mind blowingly nuts”— but Fox kept airing them to keep its audience from changing channels.

We can safely agree with Reid and her panel that there is no whiff of a “conservative” theoretical or philosophical drift to any of these actions.  It’s simply White Christian Nationalists and Big Money asking for relief from the U.S. Constitutional Principles and American democracy. It takes a kleptocracy, theocracy, and autocracy to erase history and established law.  What drive me nuts is their base is radical, uneducated, and incredibly frightened by headlines like this “Young people are more likely to accept gay couples — and to identify as gay” and “Losing their religion: why US churches are on the decline. As the US adjusts to an increasingly non-religious population, thousands of churches are closing each year – probably accelerated by Covid.”

What’s on your reading and blogging list today?

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