Lazy Caturday Reads

Happy Caturday!!

Taylor Swift

Taylor Swift

On Wednesday, I wrote about the insane right-wing conspiracy theories about Taylor Swift. Here’s an update from Politico: Pentagon to MAGA world: You need to calm down over Taylor Swift.

National security officials are used to shaking off absurd conspiracy theories, but the latest rumor that’s gripped MAGA world just hits different.

The claims by Fox News and far-right influencers that pop star Taylor Swift is part of a Pentagon “psychological operation” to get President Joe Biden reelected, and somehow rig the Super Bowl to benefit Kansas City Chiefs tight end (and Swift’s boyfriend) Travis Kelce, has been met with forehead slaps in the national security world.

“The absurdity of it all boggles the mind,” said one senior administration official, granted anonymity because they were not authorized to comment publicly on the matter. “It feels like one of those ‘tell me you are a MAGA conspiracy theorist, without telling me you are a MAGA conspiracy theorist’ memes.”

Let’s go back to December: A wild theory gained traction on far-right corners of social media after Swift was named Time magazine’s person of year on Dec. 6. Last month, Fox News host Jesse Watters did a segment about the idea, playing a clip from a NATO conference that he said backed up the theory that Swift was part of a Pentagon “psy-op,” or psychological operation, for combating online information.

“It’s real. The Pentagon psy-op unit pitched NATO on turning Taylor Swift into an asset for combating misinformation online,” Watters said.

Robert Downey Jr.

Robert Downey Jr.

The Pentagon responded at the time, but the rumors continued to proliferate on social media. Influential MAGA types are now promoting the dizzying notion that Swift’s relationship with Kelce — another right-wing anti-hero after appearing in an ad for pharmaceutical giant Pfizer promoting the Covid and flu vaccines — is part of a plot by the NFL and Democratic Party for Swift to endorse Biden at the Super Bowl.

Faced with an onslaught of journalist questions about the theory, spokesperson Sabrina Singh was ready for it.

In the name of being honest, Singh vehemently denied Swift is part of a DOD operation.

“We know all too well the dangers of conspiracy theories, so to set the record straight — Taylor Swift is not part of a DOD psychological operation. Period,” Singh told POLITICO.

I’m sure MAGA world will just find a way to work this denial into their nutty theories. Unfortunately, Swift is going to need serious protection from the Trump crazies.

In more serious news, yesterday President Biden ordered strikes on Iranian-linked targets in Syria and Iraq. ABC News: U.S. strikes more than 85 targets in Iraq and Syria in initial barrage of retaliatory attacks.

The United States launched attacks Friday against 85 sites in Iraq and Syria used by Iranian forces and Iran-backed militantsits first retaliatory strikes for the killing of three American soldiers in Jordan last weekend, U.S. officials said.

U.S. military forces struck targets at seven facilities tied to attacks on U.S. personnel in the region, National Security Council spokesman John Kirby told reporters. U.S. Central Command said the facilities included command and control operations, intelligence centers, rockets and missiles, and drone storage sites.

Sstephen King

Stephen King

“Our response began today. It will continue at times and places of our choosing,” President Joe Biden said in a statement. “The United States does not seek conflict in the Middle East or anywhere else in the world. But let all those who might seek to do us harm know this: If you harm an American, we will respond.”

The military action is a significant escalation in Washingtons bid to deter the growing threat from Iran-backed groups across the Middle East — a step fraught with risk abroad and at home, as Biden seeks to prevent the Israel-Hamas war from spiraling into a wider conflict while working to secure his re-election.

The Biden administration had made clear that the U.S. would take military action after the drone attack by Iran-backed militants at a remote U.S. base in Jordan, in which more than 40 others were wounded. Biden attended the dignified return of the three slain U.S. soldiers at Dover Air Force Base earlier Friday.

Also yesterday, Biden met with families of three dead soldiers. The HIll: Biden attends solemn ceremony for troops killed in Jordan drone strike.

President Biden met Friday with the families of American service members killed last month in a drone strike in Jordan and participated in a dignified transfer, a solemn ceremony in which the troops’ remains return to the U.S.

The president and first lady Jill Biden attended the ceremony at Dover Air Force Base along with other U.S. officials, including Defense Secretary Lloyd Austin and Gen. C.Q. Brown, chair of the Joint Chiefs of Staff.

The president and first lady looked on with their hands over their hearts as three flag-draped coffins were removed from a C-5 plane and taken by military personnel to a van.

The Pentagon on Monday identified the soldiers, who all served in the Army Reserve and were assigned to Georgia’s Fort Moore. The soldiers are Sgt. William Jerome Rivers, 46, of Carrollton, Ga.; Spc. Kennedy Ladon Sanders, 24, of Waycross, Ga.; and Spc. Breonna Alexsondria Moffett, 23, of Savannah, Ga.

Biden spoke Tuesday with the families of the fallen service members to express his condolences, and he met with them in person Friday.

“They risked it all,” Biden said Thursday at the National Prayer Breakfast. “And we’ll never forget [their] sacrifices and service to our country.”

The three troops were killed, and roughly 40 others were injured in a drone strike in Jordan near the Syrian border Sunday. The White House has attributed the attack to the Islamic Resistance in Iraq, an umbrella group that contains different militias backed by Iran.

Dick Van Dyke

Dick Van Dyke

Trump didn’t care for these ceremonies when he was in the White House. From HuffPost:

In the world of President Donald Trump, he has paid his respects to “many, many” returning soldiers killed in the line of duty, with daughter and top presidential aide Ivanka Trump adding that “each time” she has stood by his side at one of these ceremonies, it has hardened his resolve to bring troops home.

In the real world, Trump has traveled to Dover Air Force Base in Delaware exactly four times ― fewer than half as many times as his vice president ― and avoided going at all for nearly two years after getting berated for his incompetence by the father of a slain Navy SEAL, according to a former White House aide who spoke on condition of anonymity.

Bill Owens, the father of William “Ryan” Owens, refused to shake Trump’s hand at that Feb. 1, 2017, encounter, the aide said, and then told Trump that he was responsible for his son’s death for approving the disastrous raid in Yemen without bothering to understand the risks.

“He refused to go back for two years, he was so rattled,” the aide said, adding that the main reason Trump had approved the raid just five days after taking office was that predecessor Barack Obama had refused to do so.

What’s more, Trump made the decision at a social dinner that included his son-in-law and top adviser, Jared Kushner, and then-chief strategist Stephen Bannon, rather than his National Security Council staff.

“You can count on one hand the number of times Donald Trump has been to Dover,” said Jon Soltz, chairman of the progressive political group VoteVets and an Iraq War veteran. “There simply is no bottom when it comes to what he’ll lie about. I wish there was more outrage about Trump lying about the dignified transfer of the fallen for political reasons, because as a veteran it really disgusts me.”

Just a reminder of the embarrassment to his country Trump was and is.

Before I get to the new about Trump’s legal woes, I was amazed that The New York Times actually published a somewhat positive story about Vice President Kamala Harris: Kamala Harris Bolsters Biden for 2024 and Lays Groundwork for 2028, by Reid Epstein and Maya King.

When President Biden pushed Democrats to place South Carolina first on their presidential primary calendar, the geography for the party’s political strivers changed. They are now working to build support not in mostly white Northern places but in a Southern state with a predominantly Black primary voting base that better represents the modern Democratic Party.

So when Vice President Kamala Harris arrived on Friday in Orangeburg, S.C., for her ninth visit to South Carolina since taking office, she came as a known quantity. While she and Mr. Biden are running for renomination without serious challengers, the relationships she has developed in the state are expected to play a part in lifting their ticket to a comfortable triumph on Saturday in the party’s first recognized primary election.

Sigourney Weaver

Sigourney Weaver

Ms. Harris’s trip, as well as her college tour last year and an ongoing circuit to defend abortion rights and promote the Democratic agenda, also served two larger purposes: working to shore up Mr. Biden’s lingering vulnerabilities with Black voters and young voters, and keeping the first woman and first woman of color to serve as vice president at the forefront for the next presidential contest in 2028.

Perhaps the most influential Democrat in South Carolina is already on board with Ms. Harris as a future White House candidate.

“I made very clear months ago that I support her,” said Representative James E. Clyburn, whose 2020 endorsement of Mr. Biden before his state’s primary election helped rejuvenate the former vice president’s struggling campaign and carry him to the nomination. “That’s why we got to re-elect the ticket. Then you talk about viability after that.”

Ms. Harris, who ended her 2020 presidential campaign months before the South Carolina primary, has sought to deepen her ties here.

“There is an unspoken language between the vice president and African American women in this state,” said Trav Robertson, a former chairman of the South Carolina Democratic Party. “She doesn’t have to go into a room and say things — because they already know they have a shared experience.”

Read the rest at the NYT.

The legal news is kind of depressing–Trump is succeeding with his delay tactics. 

NBC News: Judge delays Trump’s federal trial as court considers his presidential immunity claim.

Former President Donald Trump’s federal election interference trial in Washington, D.C., will no longer begin on March 4, Judge Tanya Chutkan wrote in a court order released Friday.

It is unclear when exactly the trial will now start, but the case has been on pause for nearly two months — Trump’s team requested a stay on Dec. 7, and it was granted on Dec. 13 — which would mean the soonest the trial could start would likely be late April or early May.

A start date in early May could easily mean the trial won’t conclude until after the Republican National Convention, scheduled for July 15-18 in Milwaukee.

In a previous order, Chutkan reiterated that a total of seven months was “sufficient time” for Trump to prepare for trial, not including the time the case has been on pause.

Friday’s ruling comes as the D.C. Circuit Court has not yet decided on whether the former president is immune from prosecution. A panel of federal appeals court judges heard oral argumentson Jan. 9, and the case is on an expedited schedule.

“The court will set a new schedule if and when the mandate is returned,” said the court orderfrom Chutkan.

About that “expedited schedule”: 

Alan Feuer and Charlie Savage at The New York Times: After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision.

In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and prosecution to file their papers on successive Saturdays during the Christmas and New Year’s holidays.

Elvis Presley

Elvis Presley

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit also moved with unusual alacrity in setting up a hearing for arguments on the issue, scheduling the proceeding on Jan. 9, just one week after all of the papers were submitted — a remarkably short window by the standards of the judicial system.

But after sending up what appeared to be clear signals that they intended to swiftly resolve this phase of the immunity dispute — which lies at the heart of both the viability and timing of Mr. Trump’s trial on the election subversion charges — the appeals court judges have yet to issue a decision….

The disconnect between the expectations set up by the panel’s early moves to expedite the case and the weeks that have now accumulated without a ruling has captured the attention of some legal experts who are closely watching the case.

It has also caught the eye of Mr. Trump’s lawyers, who have been watching from the sidelines with something akin to quiet glee. Each day that passes without a ruling bolsters their strategy of seeking to postpone the trial until after the presidential race is decided.

So what’s going on? It seems there could be another judge like Aileen Cannon trying to help Trump.

“It is surprising, given how quickly they moved to have this appeal briefed and argued, for the court to not yet have issued a decision,” said Stephen I. Vladeck, a University of Texas at Austin law professor who specializes in federal courts. “It’s surprising both just because of how fast they moved and because of the broader timing considerations in this case — both the March 4 trial date and the looming specter of the election.”

It is impossible at this point to gain real insight into what is going on among the members of the panel, which is composed of two judges appointed by President Biden and one placed on the bench by President George H.W. Bush.

The latter judge, Karen L. Henderson, had previously dissented from expediting the immunity appeal and has voted in Mr. Trump’s favor in several previous politically charged cases. As the panel’s senior jurist, Judge Henderson has the authority to write the opinion if she is in the majority. And she faces no deadline to complete the job.

Professor Vladeck said that many people in the legal community had been speculating about what Judge Henderson’s role in the delay might be, though he also noted that no formal rule prevented the other two judges on a panel from moving ahead in issuing a ruling on their own.

While that would be a “breach of judicial decorum,” he said, Judge Henderson’s colleagues — Florence Y. Pan and J. Michelle Childs — could in theory release a decision without her.

So far that’s not happening–just more obstruction. And after this court gives their opinion, the case might go to the Supreme Court for more delays. 

Robert De Niro

Robert De Niro

Judge Cannon is stalling the stolen documents case, and the case in Georgia is also facing difficulties. It’s looking like the first criminal trial Trump will face is the one over paying hush money to Stormy Daniels. From The Washington Post:

Trump’s legal team had already been preparing for the New York case to be first, according to people familiar with the discussions who spoke on the condition of anonymity to describe internal strategy. Some Trump advisers view the New York case as the weakest of the four and believe that indictment last March helped Trump rebuild support among Republicans, these people said. Many advisers think the GOP reaction to Trump’s criminal charges would have been different if another case — related to possession of classified documents — had come first.

So instead of hearing evidence about efforts to block a U.S. election or improperly keep highly classified U.S. secrets, the first jury to weigh alleged crimes by Trump as he again runs for president could be focused on sordid allegations of a long-ago sexual encounter with an adult-film star. Trump has pleaded not guilty to all the charges against him.

“This was the first indictment of Trump but quickly became seen as the runt of the litter, compared to bigger, more consequential cases,” said Ronald Kuby, a veteran criminal defense lawyer in New York. He said the New York trial may be a “garden-variety fraud case,” but its simplicity is also its saving grace.

“Unlike the D.C. case, this does not involve any question of presidential immunity. Unlike the Florida documents case, this does not involve the lengthy proceedings that are needed in cases where classified information is at issue, and unlike the Georgia case, it is not a sprawling indictment of 18 people — there’s one defendant,” Kuby said. “And the evidence that has been made publicly available is compelling.”

I guess one criminal conviction is better than none.

This is crazy: I guess some FBI agents didn’t want to do a surprise search of Mar-a-Lago, and when they did do it, they may have missed something important.

ABC News: Special counsel questioned witnesses about 2 rooms FBI didn’t search inside Trump’s Mar-a-Lago residence: Sources.

Special counsel Jack Smith’s team has questioned several witnesses about a closet and a so-called “hidden room” inside former President Donald Trump’s residence at Mar-a-Lago that the FBI didn’t check while searching the estate in August 2022, sources familiar with the matter told ABC News.

As described to ABC News, the line of questioning in several interviews ahead of Trump’s indictment last year on classified document charges suggests that — long after the FBI seized dozens of boxes and more than 100 documents marked classified from Trump’s Mar-a-Lago estate — Smith’s team was trying to determine if there might still be more classified documents there.

According to sources, some investigators involved in the case came to later believe that the closet, which was locked on the day of the search, should have been opened and checked.

As investigators would later learn, Trump allegedly had the closet’s lock changed while his attorney was in Mar-a-Lago’s basement, searching for classified documents in a storage room that he was told would have all such documents. Trump’s alleged efforts to conceal classified documents from both the FBI and his own attorney are a key part of Smith’s indictment against Trump in Florida.

Benedict Cumberbatch

Benedict Cumberbatch

Jordan Strauss, a former federal prosecutor and former national security official in the Justice Department, called the FBI’s alleged failure to search the closet “a bit astonishing.”

“You’re searching a former president’s house. You [should] get it right the first time,” Strauss told ABC News.

In addition to the closet, the FBI also didn’t search what authorities have called a “hidden room” connected to Trump’s bedroom, sources said.

Smith’s investigators were later told that, in the days right after the search, some of Trump’s employees heard that the FBI had missed at least one room at Mar-a-Lago, the sources said.

According to a senior FBI official, agents focused on areas they believed might have government documents.

One more on the stolen documents case from Politico: Special counsel mounts forceful — and unusual — defense of Trump classified documents case.

Special counsel Jack Smith used a routine legal filing Friday to offer a forceful public rebuttal against Donald Trump’s claims that his criminal prosecution for allegedly hoarding classified documents has been infected by politics and legal impropriety.

The 68-page document began with what Smith’s team described as an effort to correct false assertions the former president had made about the nature of the case against him.

“It is necessary to set the record straight on the underlying facts that led to this prosecution,” the prosecutors argued. “The government will clear the air on those issues … because the defendants’ misstatements, if unanswered, leave a highly misleading impression.”

What followed was a lengthy recitation of the events that led prosecutors to suspect Trump had been squirreling reams of classified records at his Mar-a-Lago estate. Rather than the bloodthirsty partisan endeavor Trump describes, prosecutors say federal officials from the National Archives, intelligence community and White House counsel’s office took “measures” and “incremental” steps to retrieve the documents — often in coordination with some of Trump’s own designated advisers — before escalating the matter as the former president continued to resist.

The approach taken in the legal brief is somewhat unusual for the Justice Department. Though the filing was submitted to U.S. District Judge Aileen Cannon, at times it sounded like an opening argument to a jury Trump could face in the future or the first chapter of a report meant to detail investigative findings to the public.

It’s unclear whether the “misimpressions” prosecutors say they’re trying to correct are ones they fear Cannon could fall prey to, whether the target audience for the brief is a larger one, and how the Fort Pierce, Fla.-based Trump appointee will respond to the tactic.

The substance of the prosecution brief is aimed at countering the demands by Trump and his two co-defendants — Walt Nauta and Carlos DeOliveira — for access to a broad range of documents from across the government that the defense attorneys contend could be useful in defending their clients. They’ve asked Cannon to consider massive executive branch agencies and the White House as appendages of Smith’s prosecution team — a decision that could open their files to defendants beyond the typical evidence-sharing that occurs for witnesses in criminal proceedings.

Sam Elliot

Sam Elliot

Here’s the most shocking part of the brief:

The brief is also peppered with factual claims that make Trump’s behavior sound more serious and egregious. When discussing the defense’s request for more information from the Secret Service, prosecutors assert that their interaction with the federal agency that guards the president and his family underscored Trump’s recklessness in keeping a large volume of classified information at his Florida home, which also serves as a social club and a site for political and social events with lengthy guest lists.

The Secret Service reported that “of the approximately 48,000 guests who visited Mar-a-Lago between January 2021 and May 2022, while classified documents were at the property, only 2,200 had their names checked and only 2,900 passed through magnetometers,” the prosecution filing says.

All while Trump left secret documents in a bathroom, on a ballroom stage, and in a storage room located near the swimming pool.

One more unbelievable piece from Philip Bump at The Washington Post: Most Republicans aren’t aware of Trump’s various legal issues.

There is an assumption, probably particularly among those who cover the news and those who read it, that Donald Trump’s legal travails are common knowledge. We talk about things like the potential effects of a Trump conviction on the 2024 presidential election with the assumption that this would be an event that rose to the nation’s consciousness, triggering a response from both his supporters and detractors.

But this is a sort of vanity: Just because it is interesting to us certainly doesn’t mean it is interesting to others. Polling released by CNN on Thursday shows that only a quarter of voters seek out news about the campaign; a third pay little to no attention at all.

As it turns out, even major developments often fly under the average American’s radar. New polling conducted by YouGov shows that only a bit over half of the country on average is aware of the various legal challenges Trump faces. And among those Republicans on whose political support he depends? Consistently, only a minority say they are aware of his lawsuits and charges.

YouGov presented American adults with eight legal scenarios to judge the extent of the public’s awareness. Two were invented: that Trump faces charges related to emoluments or related to drug trafficking. Happily, less than a quarter of respondents said those legal threats actually existed.

The other six were real. The one that was familiar to the most people was the federal classified-documents case that is moving forward in Florida; 6 in 10 Americans said they were aware of that case. The one that had the least awareness was the civil suit in New York in which a judge determined that he’d fraudulently inflated the value of his assets. Just under 50 percent of Americans knew about that.

But the pattern among Republicans is clear. At most, 45 percent of Republicans said they knew about legal issues: specifically, the documents case and his being found liable for assaulting the writer E. Jean Carroll. Only a quarter knew about the value-inflation suit, and only 4 in 10 knew about the criminal charges in Manhattan related to the hush money payments to adult-film actress Stormy Daniels.

And with that, I’ll turn the floor over to you. What’s do you think about all this? What else is on your mind?


Lazy Caturday Reads

Happy Caturday!!

NOTE: The artwork in today’s post is from the Los Angeles Cat Art Show.

AMANDA-by-Mark-Ryden

Amanda, by Mark Ryden

Yesterday Dakinikat wrote about Texas Governor Greg Abbott’s refusal to accept the decision of the right wing, corrupt Supreme Court that Federal law supersedes Texas state law; and therefore, Biden can order the removal of Abbott’s lethal razer wire from the Texas border with Mexico.

Unfortunately, other Republican Governors have come forward to back Abbott, and Donald Trump is urging these governors to send National Guard troops to support Abbott’s illegal activities. This is dangerously close to threatening civil war.

Vice News: Trump Calls on ‘All Willing States’ to Send National Guard Soldiers to Texas.

Like pouring water on a grease fire, former President Donald Trump has weighed in on the escalating standoff between the federal government and Texas.

In a multi-part social media post shared Thursday night, Trump called on “all willing states” to deploy their national guard forces to Texas “to prevent the entry of illegals, and to remove them back across the Border.”

Texas Gov. Greg Abbott told Tucker Carlson on Friday, that so far, ten governors had sent National Guard or other law enforcement resources to assist on the border, and will be “disappointed” if others do not follow suit.

Oklahoma Gov. Kevin Stitt told Fox News on Friday that he also “absolutely” plans to send national guard soldiers to Texas. ““We’ve already started putting the numbers together,” said Stitt.

(Less than 24 hours earlier, Stitt joined Newsmax host Carl Higbie for a casual chat about potential “force-on-force conflict” breaking out at the border.)

Stitt is one of 25 red state governors who have released statements expressing support for Abbott, who is continuing to defy the Supreme Court’s ruling earlier this week that found that the federal government, not states, have ultimate jurisdiction over border enforcement

The background:

The Court’s 5-4 ruling gave a green light to Border Control to cut down the miles of razor wire that Texas forces had erected without federal permission along the Rio Grande and around Shelby Park in Eagle Pass, which is an epicenter for unauthorized border crossings.

Yawning-Toothy-Silhouette_Brandon-Boyd

Yawning Toothy Silhouette, by Brandon Boyd

Two weeks ago, the Texas National Guard seized control of Shelby Park, blocking Border Control’s access to the area and effectively preventing them from conducting rescue missions. Rio Grande. Days later, a migrant woman and two children drowned, which the Biden Administration blamed Texas for. 

Abbott has doubled down on border enforcement activity since the Supreme Court ruling. He published a strongly-worded letter on Wednesday that accused the Biden Administration of abdicating its constitutional responsibility to protect states from “invasion.” “The federal government has broken the compact between the United States and the states,” Abbott asserted.

Abbott cited a dissenting opinion from the 2012 Supreme Court case Arizona v. United States that argued that states have a constitutional authority to protect themselves if the federal government fails to.

Cori Alonso-Yoder, an associate professor from George Washington University Law School’s Fundamentals of Lawyering Program, told VICE News that she believes Abbott’s statement falls “more into the realm of political theater than actual supported legal theory.”

There’s also a bunch of crazy “christians” who say they will march to the border.

Business Insider: A convoy calling themselves ‘God’s army’ plans to head to the Texas border to stop migrants from entering the US.

A convoy of hundreds of people plans to head to the Texas border to stop migrants crossing into the country from Mexico.

The group, called “Take Our Border Back,” is organizing on Telegram and now has more than 1,600 followers.

One of the group’s organizers described them as “God’s army” in a planning call, according to Vice.

“This is a biblical, monumental moment that’s been put together by God,” one organizer said, per Vice.

Another said: “We are besieged on all sides by dark forces of evil.”

“Blessed are the peacemakers, for they shall be called the sons of God. It is time for the remnant to rise,” they said.

Pete Chambers, a lieutenant colonel organizing the group, has claimed he was a Green Beret. He explained the group’s plans while speaking to conspiracist Alex Jones on his Infowars show on Thursday.

“That’s what Green Berets do. Unconventional warfare is our bread and butter. Now we’re doing domestic internal defense,” Chambers said.

More at the Insider link.

The Senate is now working on a new border bill, and President Biden has endorsed it. It’s not yet clear what House Republicans will do, but Speaker Johnson has said the bill is dead on arrival.

Politico: Biden says he’ll shut down the border if deal gives him authority.

President Joe Biden on Friday urged Congress to pass a bipartisan bill to address the immigration crisis at the nation’s southern border, saying he would shut down the border the day the bill became law.

Katsunori Miyagi, Gravity Cat

Katsunori Miyagi, Gravity Cat

“What’s been negotiated would — if passed into law — be the toughest and fairest set of reforms to secure the border we’ve ever had in our country,” Biden said in a statement. “It would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”

Biden’s Friday evening statement resembles a ramping up in rhetoric for the administration, placing the president philosophically in the camp arguing that the border may hit a point where closure is needed. The White House’s decision to have Biden weigh in also speaks to the delicate nature of the dealmaking, and the urgency facing his administration to take action on the border — particularly during an election year, when Republicans have used the issue to rally their base.

The president is also daring Republicans to reject the deal as it faces a make-or-break moment amid GOP fissures.

It comes after a hectic week on the Hill, as Senate negotiators try to salvage monthslong talks to reach a border deal and unlock aid for Ukraine. The White House has continued to engage in talks and has publicly signaled optimism that a deal can be struck, even as some House Republicans say any bill is dead on arrival in the lower chamber. Donald Trump has also tried to scuttle the talks, adding another layer to complicated negotiations.

On the developing deal:

The contours of the deal are still subject to negotiation. But the negotiators have long discussed setting triggers for daily border crossings after which the Biden administration could shut down the border between ports of entry. Under the current proposal, asylum seekers would still be authorized to present claims at authorized ports of entry, although they would face a much higher standard for being granted the opportunity to apply for asylum.

Republicans who support a deal say the authority would both force Biden’s hand and strengthen that of his potential successor.

“This is an opportunity to put laws on the books that someone who is genuinely interested in securing the border will be able to use,” Sen. Thom Tillis (R-N.C.) said as the Senate adjourned Thursday. “President Donald J. Trump in 2017 asked for laws like this. We’re going to deliver it and if he becomes president, he’ll be glad that we did.”

The terms of the deal under discussion, which is largely agreed to but not yet final, would also give DHS expulsion authority if border encounters hit an average of 4,000-a-day over the course of a week, a metric that includes asylum appointments. That authority would become mandatory if daily crossings average more than 5,000 people for a week or crest over 8,500 a day, according to two people briefed on the emerging agreement and who were granted anonymity to discuss the details.

Read more at Politico.

Manu Raju at CNN: Biden endorses emerging deal to give US new power to clamp down on border crossings.

Senate negotiators have agreed to empower the US to significantly restrict illegal migrant crossings at the southern border, according to sources familiar with the matter, a move aimed at ending the migrant surge that has overrun federal authorities over the past several months.

President Joe Biden has vowed to use the authority offered by the deal, embracing measures that are far more draconian than he’s previously considered in an area many voters perceive him as weaker than former President Donald Trump.

Kitty-Bread-Time_Travis-Lampe

Kitty Bread Time, by Travis Lampe

The Senate deal, which is expected to be unveiled as soon as next week, would also speed up the asylum process to consider cases within six months – compared with the current system, under which it could take up to 10 years for asylum seekers.

The details provide a new window into high-profile negotiations that have been going on for months – as Senate leaders hold out hope they can attach the deal to aid to Ukraine, Israel and Taiwan as domestic and international crises loom. The plan would also put pressure on Republicans to decide whether to greenlight these new authorities or reject the plan as Trump has urged the GOP to defeat anything short of what he calls a “perfect” bill.

Under the soon-to-be-released package, the Department of Homeland Security would be granted new emergency authority to shut down the border if daily average migrant encounters reach 4,000 over a one-week span. If migrant crossings increase above 5,000 on average per day on a given week, DHS would be required to close the border to migrants crossing illegally not entering at ports of entry. Certain migrants would be allowed to stay if they prove to be fleeing torture or persecution in their countries.

Moreover, if crossings exceed 8,500 in a single day, DHS would be required to close the border to migrants illegally crossing the border. Under the proposal, any migrant who tries to cross the border twice while it is closed would be banned from entering the US for one year.

The goal of the trio of negotiators – GOP Sen. James Lankford of Oklahoma, Independent Sen. Kyrsten Sinema of Arizona and Democratic Sen. Chris Murphy of Connecticut – is to prevent surges that overwhelm federal authorities. The Biden administration and Senate leaders have been heavily involved in the talks, and more details of the deal are expected to be released in the coming days.

Meanwhile, it appears Congress is continuing to block aid to Ukraine.

Pablo Manriquez at The New Republic: Senate Republicans Are on a Major Ukraine Collision Course.

In the Senate battle over Ukraine funding, one surprising issue has emerged that has led to a fascinating intra-Republican dispute—and one of the most aggressively anti-Ukraine Republicans is very vocally leading the “anti” side.

The issue is whether the United States and other Western countries should pay to prop up Ukraine’s entire economy, and specifically its social safety net and old-age pensions, or just replenish its critically diminished supply of munitions in its war with Russia. On December 11, Ukrainian President Volodymyr Zelenskiy traveled to Washington to make his case to Congress for $61 billion in emergency assistance the White House has requested for Ukraine.

Paul Koudounaris, Warhol Cat

Paul Koudounaris, Warhol Cat

“If there’s anyone inspired by unresolved issues on Capitol Hill, it’s just [Russian President Vladimir] Putin and his sick clique,” Zelenskiy said, only to fly home empty-handed because many MAGA Republicans in both chambers of Congress have soured on America’s Ukrainian ally—a position in lockstep with Donald Trump’s longtime geopolitical bromance with Russia’s leader-oligarch, Vladimir Putin.

Walking point in that platoon is Ohio Senator J.D. Vance, once an anti-Trump moderate who was reincarnated on the 2022 campaign trail as an ultra-MAGA scourge of liberals and university professors and elite educational institutions (he has a law degree from Yale). “Even if you support funding for Ukraine for some national defense purpose, which obviously I do not, I think it suggests that they’re effectively becoming a welfare client if we’re funding their pensioners,” said Vance, who is considered a possible vice presidential pick for Trump.

In December, Ukraine’s minister for social policy, Oksana Zholnovych, said that 500,000 civil servants, 1.4 million teachers, and 10 million pensioners could experience payment delays if foreign humanitarian assistance is not approved soon.

Vance and other MAGA senators have since gone out of their way to throw cold water on Biden’s funding package for Ukraine, which has been tied down in the Senate with unrelated immigration policy concessions Senate leaders in both parties have demanded to push a deal through.

Read the rest at TNR.

Anne Appelbaum at The Atlantic: Is Congress Really Going to Abandon Ukraine Now?

As I write this I am in Warsaw, 170 miles from Poland’s border with Ukraine. The front line, where Ukrainians are right now fighting and dying, is another 450 miles beyond that. Not so far, in other words. A long day’s drive. I am well within range of Russian missiles, the kind that have hit Kyiv, Odesa, and Lviv so many times over the past two years.

Tens of millions of other people—Poles, Germans, Romanians, Finns, Estonians, Swedes, Slovaks, Lithuanians, Czechs, Latvians, Norwegians—are also in range of Russian conventional missiles, whether launched from Belarus, Russian-controlled parts of Ukraine, or Russia itself. Anyone in Europe could also be hit by Russian nuclear weapons, of course, as Russian television propagandists so frequently like to remind us. Dmitri Medvedev, a former Russian president, in recent months has threatened Poland with the loss of its statehood, threatened Sweden and Finland with nuclear and hypersonic missiles, and said the Baltic states belong to Russia anyway.

Most of the time, the possibility of Russian aggression doesn’t affect anybody or change anything. No one talks about it. Life goes on as normal. In Finland and Romania, preparations for presidential elections are under way. In Germany, farmers are on strike. Lithuania is holding an international light festival.

The moment the Ukrainians start to lose, all of that will change. For the past few months, Western observers have been tossing around the word stalemate, as if the Russian invasion of Ukraine had settled into some kind of dull, permanent stasis. In fact, the battlefield is dynamic. The front line is constantly changing, and the changes, both material and psychological, are starting to favor Russia. The Ukrainians are just as brave as they were a year ago and just as innovative. Their drones recently hit a Russian gas depot near St. Petersburg, hundreds of miles from Ukraine, among other targets. With no navy of their own, they have pushed much of the Russian Black Sea fleet away from their shores. But on the ground, in the southern and eastern parts of their country, they are rationing ammunition. They’ve never had sufficient missiles and bullets, and now they are at risk of not having enough to keep fighting at all.

Marc Dennis, Night Out

Marc Dennis, Night Out

Were their front line to fall back dramatically, the horrific violence alone would trigger a shock wave through the rest of Europe. Russian occupation of more territory would continue to mean what it has meant for the past two years: torture chambers, random arrests, and thousands of kidnapped children. But an even deeper, broader shock wave would be triggered by the growing realization that the United States is not just an unreliable ally, but an unserious ally. A silly ally. Unlike the European Union, which collectively spends more money on Ukraine than Americans do but can’t yet produce as many weapons, the U.S. still has ammunition and weapons to send. Now Washington is on the verge of refusing to do so, but not because the White House has had a change of heart.

The looming end of American aid to Ukraine is not a policy decision. For two years, the Biden administration successfully led an international coalition to provide not soldiers but rather military aid to Ukraine. Officials convened regular meetings, consulted with allies, pulled in military support from around the world. Majorities in the U.S. continue to support Ukraine. Majorities in both houses of Congress do too. The Senate is said to have its legislation almost ready to go. But now, for reasons that outsiders find impossible to understand, a minority of Republican members of Congress, in a fit of political pique, are preparing to cut it all off. They might succeed.

Read the rest at The Atlantic. If you can’t get past the paywall, Applebaum has posted a gift article on Twitter.

On Thursday night, Alabama executed Kenneth Eugene Smith using nitrogen gas, a method never before used, but approved by the right wing Supreme Court. It did not go well, but Alabama will pretend that it did.

One more story before I call it a day.

Yahoo News: Alabama AG calls first nitrogen gas execution ‘textbook,’ but witnesses say inmate thrashed in final moments.

Alabama Attorney General Steve Marshall on Friday vowed to continue using nitrogen gas in executions and offered to assist other states interested in the novel method, while fending off concerns that an inmate executed the night before did not become unconscious as quickly as expected and thrashed on the gurney, according to witnesses.

“What occurred last night was textbook,” Marshall told reporters after the execution of Kenneth Eugene Smith on Thursday evening by nitrogen hypoxia, in which he was forced to breathe only nitrogen through a mask and was denied oxygen.

The execution, the first in the U.S. using nitrogen gas, lasted roughly 30 minutes from the time it started to Smith’s time of death. Marshall said Friday that nitrogen hypoxia “is no longer an untested method — it is a proven one.”

But the physical reaction of Smith, who was 58 and on death row for over three decades for a 1988 murder-for-hire slaying, was already being highly scrutinized after a 2022 attempt to execute him by lethal injection failed when prison staff could not locate a suitable vein.

Media witnesses to Thursday’s execution said Smith was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes. They said that was followed by several minutes of deep breaths until his breathing slowed and it was no longer perceptible….

…one media witness said it appeared to take longer than the state had suggested for Smith to become unconscious and die.

“It’s interesting to see the attorney general say that everything went consistent with plans that they laid out,” Lee Hedgepeth, an Alabama reporter, said on MSNBC.

“We saw him begin violently shaking, thrashing against the straps that held him down,” Hedgepeth said of Smith. “This was the fifth execution that I’ve witnessed in Alabama, and I’ve never seen such a violent execution or a violent reaction to the means of execution.”

He added that Smith had dry-heaved into the mask.

There’s more at the link.

That’s all I have for you today–not a lot of good news, I’m afraid. What stories are you following?


Lazy Caturday Reads

Happy Caturday!!

Tama the Cat by Hiroaki TakahashiI’m really late getting started today, so I’m just going to get right to today’s news. Things are getting out of hand in the the Middle East, and Republicans in the House are determined to make the worse. They are also working hard to shut down the government unless they get all the goodies they are demanding. Johnson did manage to get a continuing resolution passed, but he depended on Democratic votes. Meanwhile the Republicans are holding back funding for Ukraine’s fight against Russia.

This is from Heather Cox Richardson’s Letters from an American: January 18, 2024.

This afternoon, Congress passed a new continuing resolution necessary to fund the government past the upcoming deadlines in the previous continuing resolution. Those deadlines were tomorrow (January 19) and February 2. The deadlines in the new measure are March 1 and March 8. This is the third continuing resolution passed in four months as extremist Republicans have refused to fund the government unless they get a wish list of concessions to their ideology.

Today’s vote was no exception. Eighteen Republican senators voted against the measure, while five Republicans did not vote (at least one, Chuck Grassley of Iowa, is ill). All the Democrats voted in favor. The final tally was 77 to 18, with five not voting. 

In the House the vote was 314 to 108, with 11 not voting. Republicans were evenly split between supporting government funding and voting against it, threatening to shut down the government. They split 107 to 106. All but two Democrats voted in favor of government funding. (In the past, Jake Auchincloss of Massachusetts and MIke Quigley of Illinois have voted no on a continuing resolution to fund the government in protest that the measure did not include funding for Ukraine.)

This means that, like his predecessor Kevin McCarthy (R-CA), House speaker Mike Johnson (R-LA) had to turn to Democrats to keep the government operating. The chair of the extremist House Freedom Caucus, Bob Good (R-VA), told reporters that before the House vote, Freedom Caucus members had tried to get Johnson to add to the measure the terms of their extremist border security bill. Such an addition would have tanked the bill, forcing a government shutdown, and Johnson refused.

Republican extremists in Congress are also doing the bidding of former president Donald Trump, blocking further aid to Ukraine in its struggle to fight off Russian aggression and standing in the way of a bipartisan immigration reform measure. Aid to Ukraine is widely popular both among the American people and among lawmakers. Immigration reform, which Republicans have demanded but are now opposing, would take away one of Trump’s only talking points before the 2024 election.

Richardson discusses a column in yesterday’s Washington Post about what happens when a country backslides on democracy: Poland is a test case for reviving a corrupted democracy, by Lee Hochstader. This could apply to Ukraine and potentially to the U.S.

With authoritarians and tyrants on the march across the world, Poland is an emerging test case of whether a corrupted democracy can be revived. The discouraging early signs are that it might be harder than building one from scratch.

Contempt for the niceties of representative and pluralistic democracy, along with florid rhetorical excess, were the trademarks of the man who controlled Poland’s ruling party for the past eight years, before a shock electoral defeat last fall cast him into political exile.

Chikanobu Toyohara 1838-1912

Ghost Cat, by Chikanobu Toyohara 1838-1912

Now Jaroslaw Kaczynski, having meted out death by a thousand cuts to Polish democracy in a failed effort to cement his grip on power, leads an irreconcilable opposition.

His escalating standoff with the new government of Prime Minister Donald Tusk is a stress test that is likely to subject Eastern Europe’s biggest and most influential country to a bitter contest of wills for the foreseeable future. And it is far from clear that Poland can regain the vibrant democracy, independent judiciary and robust institutions it worked so hard to establish from the ruins of communism more than 30 years ago.

“It was easier then because there was broad consensus in society and the political class about the general direction,” Piotr Buras, head of the European Council on Foreign Relations’ Warsaw office, told me. “Now this is the core of the conflict.”

Tusk, who was prime minister from 2007 to 2014, took office again last month. It doesn’t mean that he took power.

Over the course of its two terms in government, Kaczynski’s Law and Justice party jury-rigged systems, rules and institutions to its own partisan advantage, seeding its allies in the courts, prosecutors’ offices, state-owned media and central bank. Kaczynski’s administration erected an intricate legal obstacle course designed to leave the party with a stranglehold on key levers of power even if it were ousted in elections.

On top of that, President Andrzej Duda, a Kaczynski ally, is set to remain in office until his term expires in August next year. He retains broad powers, including to veto legislation, and has already thwarted Tusk’s agenda where possible.

Read more at the WaPo. This is the danger we face if we let Trump gain power again.

This is funny. From The Kiyv Independent: Zelensky invites Trump to Ukraine.

President Volodymyr Zelensky has extended an invitation to Donald Trump to visit Kyiv, with a specific condition attached.

Speaking with U.K. broadcaster Channel 4 News, Zelensky said that Trump would be warmly received in the capital under one stipulation: the former U.S. president must demonstrate his ability to bring an end to the war with Russia within 24 hours, as he once promised.

Trump has repeatedly said that the war would not have happened if he was still in power in Washington, and that he would bring it to an immediate end if voted back in because he has what he described as “a good relationship” with both Volodymyr Zelensky and Russian leader Vladimir Putin.

Beyond that, former U.S. president has provided no details of what his peace deal would involve.

Zelensky, who has previously extended the invitation without receiving a response, emphasized that if Trump indeed has a “formula” for resolving the war, he is eager to learn the specifics.

“So, I invite President Trump. If he can come here, I will need 24 minutes — yes, 24 minutes. Not more. Yes. Not more — 24 minutes to explain [to] President Trump that he can’t manage this war. He can’t bring peace because of Putin.”Zelensky said on air: “He is very welcome to come here, but I think he can not end the war in 24 hours, without giving our land to Putin.”

On the Israel situation, from The Washington Post: Growing number of Senate Democrats question Biden’s Israel strategy.

Five Senate Democrats on Friday signed onto a measure that would condition aid to Israel on its compliance with international law, bringing the total number of co-sponsors to 18. And a prominent Democrat, Sen. Tim Kaine of Virginia, is rounding up support for his amendment to stop President Biden from circumventing Congress when he orders weapons transfers to Israel, a maneuver the president has pursued twice in recent months.

Kobayashi-Kiyochika-Cat-and-Lantern

Kobayashi Kiyochika, Cat and Lantern

Earlier this week, 11 senators voted for a bill by Sen. Bernie Sanders aimed at forcing the Biden administration to examine potential human rights abuses by Israel.

After weeks of unquestioning support, the Senate is emerging as a center of resistance to Biden’s unwavering embrace of Israel — at least in modest ways — as even centrist Democrats are signaling their discomfort with the president’s “bear hug” of Israeli Prime Minister Benjamin Netanyahu. A number of prominent Democrats have proposed or backed measures that aim to hold Israel accountable or to shift American strategy, even if they are unlikely to garner enough support to pass.

The growing willingness of establishment Democrats to criticize or push back on Israel — a move that would have come with serious political ramifications just a few months ago — signals a shift in the politics of the party since the war in Gaza began more than 100 days ago. Senators from swing states, including Georgia, Wisconsin and Minnesota, have signed on to some of these measures as polls show a notable drop in support for Biden among young, Muslim and Arab American voters over his handling of the issue.

While few senators are voicing full-throated criticism of Biden’s Israel policy, the new, more skeptical tone reflects an increasing unease as the civilian toll in Gaza rises and Israel repeatedly flouts U.S. requests to modify its military onslaught.

“Every week the Netanyahu coalition promises the Biden administration that we will see meaningful changes, and every week it never materializes,” said Sen. Chris Van Hollen (D-Md.), who, along with Kaine, organized the effort to impose conditions in exchange for aid. Van Hollen noted that some members of Netanyahu’s far-right coalition are even “bragging” about ignoring American requests.

Read more at the WaPo.

Iran’s involvement in the conflicts is getting scary. From Reuters: Iranian and Hezbollah commanders help direct Houthi attacks in Yemen.

Commanders from Iran’s Islamic Revolutionary Guards Corps (IRGC) and Lebanon’s Hezbollah group are on the ground in Yemen helping to direct and oversee Houthi attacks on Red Sea shipping, four regional and two Iranian sources told Reuters.

Iran – which has armed, trained and funded the Houthis – stepped up its weapons supplies to the militia in the wake of the war in Gaza, which erupted after Iranian-backed militants Hamas attacked Israel on Oct. 7, the four regional sources said.

Tehran has provided advanced drones, anti-ship cruise missiles, precision-strike ballistic missiles and medium-range missiles to the Houthis, who started targeting commercial vessels in November in solidarity with Palestinians in Gaza, the sources said.

IRGC commanders and advisers are also providing know-how, data and intelligence support to determine which of the dozens of vessels travelling through the Red Sea each day are destined for Israel and constitute Houthi targets, all the sources said.

Washington said last month that Iran was deeply involved in planning operations against shipping in the Red Sea and that its intelligence was critical to enable the Houthis to target ships.

The Guardian: Iran accuses Israel of killing Revolutionary Guards spy chief in Damascus.

A suspected Israeli strike killed the Iranian Revolutionary Guards’ espionage chief for Syria and three other guard members on Saturday, Iran has said, in an attack that destroyed much of a multistorey residential building in Damascus.

The UK-based Syrian Observatory for Human Rights said six people were killed in the Israeli strike on the upmarket Mazzeh neighbourhood in the Syrian capital.

inagaki_tomoo_fourcatssleeping

Four Cats Sleeping, by Inagaki Tomoo

In recent weeks, Israel has been accused of intensifying strikes on senior Iranian and allied figures in Syria and Lebanon, raising fears the war in Gaza could expand into a regional conflict.

“The Revolutionary Guards’ Syria [intelligence] chief, his deputy and two other guard members were martyred in the attack on Syria by Israel,” Iran’s Mehr news agency said.

In a statement, the Islamic Revolutionary Guard Corps (IRGC) confirmed it had lost four of its members and blamed Israel.

When asked about the strike, the Israeli army said: “We do not comment on reports from the foreign media.”

Tensions between Iran and Israel have risen to a new high after the bloody surprise attack launched by Hamas into Israel on 7 October.

Trump has been directing racist attacks against Niki Haley, now that the Republican primary campaign has moved to New Hampshire. 

The Washington Post: Trump lobs racially charged attacks against Haley ahead of N.H. primary. [For the WaPo headline writer: the attacks are racist, not “racially charged.”

Former president Donald Trump is lobbing racially charged attacks at Republican rival Nikki Haley, a daughter of Indian immigrants who served as his U.N. ambassador, days before a hotly contested New Hampshire primary that could determine the trajectory of the party’s nominating contest.

In a lengthy post on his social media platform Friday, Trump gave his GOP rival a nickname that appeared to be yet another racist dog whistle.

Writing on Truth Social, Trump repeatedly referred to Haley as “Nimbra,” an apparent intentional misspelling of her birth name. Haley, whose parents moved to the United States in the 1960s, was born Nimarata Nikki Randhawa.

Reminiscent of his spurious claims about former president Barack Obama’s citizenship, Trump also last week spread a false “birther” claim about Haley when he shared a post on Truth Social from the Gateway Pundit, a far-right website that propagates baseless accusations. [IOW: lies]

The post falsely suggested Haley was ineligible to be president or vice president because her parents were not U.S. citizens when she was born. This is not true. The Constitution states that a natural-born citizen can be president, and Haley automatically became a U.S. citizen when she was born in South Carolina in 1972.

Friday wasn’t the first time Trump has mocked Haley’s name. After the Iowa caucuses on Monday, Trump embarked on a tirade against Haley, misspelling her given first name.

“Anyone listening to Nikki ‘Nimrada’ Haley’s wacked out speech last night, would think that she won the Iowa Primary,” Trump wrote on Truth Social. “She didn’t, and she couldn’t even beat a very flawed Ron DeSanctimonious, who’s out of money, and out of hope. Nikki came in a distant THIRD!” (DeSanctimonious is a Trump nickname for another GOP rival, Florida Gov. Ron DeSantis.)

Meanwhile, Trump is demonstrating his cognitive decline in his campaign speeches. Yesterday, he confused Nicki Haley with Nancy Pelosi–claiming Haley was responsible for Congressional security on January 6, 2021.

Raw Story: ‘He’s aging very fast’: ‘Deeply confused’ Trump slammed for blaming Nikki Haley for Jan. 6.

Donald Trump on Friday was skewered online for apparently confusing Nikki Haley and Nancy Pelosi, resulting in the ex-president blaming the former for the events of Jan. 6.

Leisure Day by Togyu Okumura

Leisure Day by Togyu Okumura

Trump was delivering remarks in Concord, New Hampshire, on Friday, when he said that Haley was “offered 10,000 people” on Jan. 6, and implied that she was involved in the deleting of video evidence. These are common allegations that the former president has previously lobbed at Pelosi and the Jan. 6 subcommittee.

The video quickly went viral, causing people to make fun of Trump and even suggest he has mental health concerns.

“Do we need to do the dementia test again?” asked national security attorney Bradley P. Moss. MSNBC personality Mehdi Hasan had a similar take, asking, “Does he need to take the ‘person woman man camera TV’ test again?”

Hasan had been responding to a Biden-Harris HQ post in which the campaign says a “deeply confused Trump confuses Nancy Pelosi and Nikki Haley multiple times.”

Trump has also begun bragging again about how he “aced” a cognitive test as president. Actually the test he took is designed to detect dementia and has nothing to do with IQ or intelligence generally.

The Washington Post: A ‘whale’ of a tale: Trump continues to distort cognitive test he took.

Donald Trump this week bragged about purportedly acing a widely used cognitive test that was administered to him when he was president, suggesting that the test included identifying drawings of three animals.

“I think it was 35, 30 questions,” the former president said in Portsmouth, N.H., of the test, which he said involved a few animal identification queries. “They always show you the first one, like a giraffe, a tiger, or this, or that — a whale. ‘Which one is the whale?’ Okay. And that goes on for three or four [questions] and then it gets harder and harder and harder.”

The only problem: The creator of the test in question, called the Montreal Cognitive Assessment, or MoCA, said it has never included the specific combination of animals described by Trump in any of its versions over the years.

In fact, Ziad Nasreddine, the Canadian neurologist who invented the test, said the assessment — intended primarily to test for signs of dementia or other cognitive decline — has never once included a drawing of a whale.

“I don’t think we have a version with a whale,” said Nasreddine, who added there are three versions of the test currently in circulation.

He and other physicians allowed for the possibility that Trump was just offering hypothetical examples. The Trump campaign did not respond to a request for comment.

For nearly four years, Trump has periodically boasted about his performance on the cognitive test, always tweaking the questions he alleges he aced, from correctly reciting a series of words in order — “Person. Woman. Man. Camera. TV.” — to, most recently, identifying an animal — a whale — that did not appear on the test.

Experts also note that the assessment is not an I.Q. or intelligence test, though Trump has often talked about it as if it was.

“It’s a very, very low bar for somebody who carries the nuclear launch codes in their pocket to pass and certainly nothing to brag about,” said Jonathan Reiner, a cardiologist and professor of medicine and surgery at the George Washington School of Medicine & Health Sciences.

And get this: part of Trump’s deposition for his civil fraud case has just been released.

CBS News: Deposition video shows Trump claiming he prevented “nuclear holocaust” as president.

Combative, angry and prone to grandiose claims — newly unveiled footage of an April 2023 deposition gives a glimpse into how former President Donald Trump behaves when testifying under oath.

Tsukioka Yoshitoshi, Looking Tiresome

Tsukioka Yoshitoshi, Looking Tiresome

The video, released to CBS News on Friday in response to a freedom of information request, shows Trump claiming to have averted a “nuclear holocaust” and “saving millions of lives” as president. A transcript of the deposition was previously made public as an exhibit in Trump’s New York civil fraud case.

Trump testified at trial on Nov. 6, and his testimony that day often mirrored the April deposition.

During the trial, Trump said he was too “busy in the White House” to worry about his businesses. “My threshold was China, Russia and keeping our country safe,” he said.

It echoed a response he gave in his April 2023 testimony in a small conference room with New York Attorney General Letitia James. He went further that day, explaining just what he believes he kept Americans safe from:

“I was very busy. I considered this the most important job in the world, saving millions of lives. I think you would’ve had nuclear holocaust if I didn’t deal with North Korea. I think you would’ve had a nuclear war if I weren’t elected. And I think you might have a nuclear war now, if you want to know the truth,” Trump said.

Read more from the deposition at the link.

One more on Trump’s issues from Raw Story: E. Jean Carroll jury is seeing ‘there is something seriously wrong’ with Trump: attorney.

Appearing on MSNBC on Saturday morning, conservative attorney George Conway was asked how the jury in the E.Jean Carroll defamation trial is likely viewing Donald Trump in the flesh as opposed to just seeing clips of him on TV.

Getting right into it with the hosts of MSNBC’s “The Weekend,’ Conway explained, “When you see little clips of him, you kind of think you know, it’s reality TV. He’s silly, he’s harmless, it’s just nonsense and he just does his thing, he does his schtick. But when you see him up close and in person you start to realize there’s something seriously wrong with him.”

“And that’s what happens with his own people,” he continued before recalling, “Remember how his chief of staff, General Kelly, brought in a book, like the psychiatrists had written about Donald Trump, saying he was completely out of his mind, and he [Kelly] is like, ‘This is the key. We could figure this out!'”

“People learn, there is something seriously wrong with this guy, and I think what this jury is going to learn, which is like you are in this solemn proceeding you are taking this seriously, and jurors generally don’t look at scams and people behaving badly in the courtroom, and here, they have this psychopath sitting right there,” he elaborated. “It’s got to be off-putting and scary, and just appalling to them, because they were actually seeing him in the flesh, this real person, not this caricature on TV, this self-caricature on TV. They’re seeing the face, the face literally, of evil right there.”

Yes, the face of evil is accurate–I agree.

What do you think about all this? What other stories are you interested in?


Lazy Caturday Reads

Happy Caturday!!

Vanessa Stockard

By Vanessa Stockard

Last year in Massachusetts we had a winter with almost no snow. Weather people quite often predicted it, but it never came. It really bothered me. I realized how much I love snowstorms and how much I miss snow when it doesn’t arrive. It looks like this year will be another mild winter with very little snow. We got a few inches recently, but mostly we’re getting rain.

I’m far from alone in missing snow. A few days ago, I came across two articles about what climate change is doing to our winters.

Zoë Schlanger at The Atlantic: The Threshold at Which Snow Starts Irreversibly Disappearing.

In January 1995, when The Atlantic published “In Praise of Snow,” Cullen Murphy’s opus to frozen precipitation, snow was still a mysterious substance, coming and going enigmatically, confounding forecasters’ attempts to make long-term predictions. Climate change registered to snow hydrologists as a future problem, but for the most part their job remained squarely hydrology: working out the ticktock of a highly variable yet presumably coherent water cycle. “We still don’t know many fundamental things about snow,” Murphy wrote. “Nor do we understand its relation to weather and to climate—the dynamics of climate being one of the perennials on the ‘must figure out’ list of science.”

In January 2024, at long last, someone has figured out a formula of sorts for how snow reacts to climate change, and the answer is: It reacts nonlinearly. Which is to say, if we think snow is getting scarce now, we ought to buckle up.

Nonlinear relationships indicate accelerated change; shifts are small for a while but then, past a certain threshold, escalate quickly. In a paper published Wednesday in the journal Nature, two Dartmouth researchers report finding a distinctly nonlinear relationship between increasing winter temperatures and declining snowpacks. And they identify a “snow loss cliff”—an average winter-temperature threshold below which snowpack is largely unaffected, but above which things begin to change fast.

That threshold is 17 degrees Fahrenheit. Remarkably, 80 percent of the Northern Hemisphere’s snowpack exists in far-northern, high-altitude places that, for now, on average, stay colder than that. There, the snowpack seems to be healthy and stable, or even increasing. But as a general rule, when the average winter temperature exceeds 17 degrees (–8 degrees Celsius), snowpack loss begins, and accelerates dramatically with each additional degree of warming.

Already, millions of people who rely on the snowpack for water live in places that have crossed that threshold and will only get hotter. “A degree beyond that might take away 5 to 10 percent of the snowpack, then the next degree might cut away 10 to 15 percent, then 15 to 20 percent,” Alexander Gottlieb, the first author on the paper, told me over the phone as I looked out my window in New York City, where it has rained several times over the past few days. “Once you get around the freezing point”—32 degrees Fahrenheit—“you can lose almost half of your snow from just an additional degree of warming,” he said. New York City, which was recently reclassified as a “humid subtropical” climate, has clocked nearly 700 consecutive days with less than an inch of snowfall. It’s definitely over the snow-loss cliff, and as global temperatures increase, more places will follow.

Malysheva Nastenka

By Malysheva Nastenka

Gottlieb and his co-author, Justin Mankin, figured this out by looking at how changes in temperature and precipitation drove changes in snowpack in 169 river basins across the Northern Hemisphere from 1981 through 2020. Using machine learning, they found a clear signal that human-induced climate change was indeed forcing changes in the snowpack in the places where most people live. The sharpest declines were in the watersheds of the southwestern and northeastern United States, and in Central and Eastern Europe. “In places where we are able to identify this really clear signal that climate change has reduced spring snowpack, we expect that to really only accelerate in the near term,” he said. “Those are places where the train has already kind of left the station.” Indeed, the Hudson River watershed, in which New York City sits, experienced among the steepest declines over that period. In the Northeast, which is not as reliant on spring snowmelt for water, that loss is felt most keenly as a loss of recreation; whole economies in the Northeast are based on skiing.

In the Mountain West, the stakes are even higher. Hydrologists already worry about the future reliability of the region’s snow-fed water supply: Previous research found snowless winters in the Mountain West are likely to be a regular occurrence by mid-century. But crucially, Gottlieb doesn’t see any room for cheerfulness about individual years with off-the-charts snowfall, such as last year’s record snowpack in the Colorado River basin. “This work really shows that we can definitely still get these one-off anomaly years that are incredibly wet, incredibly snowy, but the long-term signal is incredibly clear,” he said. Once you’re over the cliff, there’s no going back. The snow will keep disappearing.

In this piece, Lora Kelley interviews Zoë Schlanger (author of the previous article) on “the sense of loss when climate change transforms winter”: The Feeling of Losing Snow. Kelley and Schlanger mostly rehash the information from the previous article, but they also discussed the feeling of losing snowy winters:

Zoe: One of the hydrologists I spoke with was a former ski-patrol person, and he was talking so beautifully about what it meant for him to ski on a cold, bright day high in the mountains in Utah with perfect powder. It was just so vital to his enjoyment of life. For future generations, snow could just become slush, or not be there at all.

I don’t ski. I don’t live in the mountains. But even for me, there’s a sense of loss. It makes me think of a word that an Australian philosopher coined a number of years ago: solastalgia, which is essentially the sense of homesickness for an environment that you never left, but is leaving without you in some way. I feel like we’re all experiencing that when there are these touchstones of the year that seem to not be there anymore. It’s a strange sense of in-place homesickness.

Lora: This strikes me as a really stark example of climate change affecting how people experience nature. How do you think about these more obvious losses versus less visible, more incremental changes to the environment?

Zoë: Snow is a reminder that, actually, a lot of the changes we’re dealing with aren’t that incremental. We may not be able to see rising temperatures in quite the same way. But in many cases, those changes are just as sudden and dramatic and are happening faster than people thought they were. The wildfires we saw last year, for example, were wildly out of proportion from anything we’ve seen before. Records aren’t getting broken by small degrees now. They’re getting broken by leaps and bounds.

Climate change is real, it’s happening quickly, and it affects our lives in so many ways.

In the news, the Supreme Court will hear a case about whether hospitals can be required to treat pregnant women who will likely die without abortion care. Rolling Stone: The Supreme Court Will Decide if States Can Force Hospitals to Let Women Die.

The Supreme Court will decide this term whether states can force doctors to turn away patients suffering serious, life-threatening medical complications, or if doctors will be allowed to provide standard medical care to those patients: abortions. The court announced last week it will hear arguments over the Emergency Medical Treatment and Active Labor Act, or EMTALA, in April.

Vicky Mount

By Vicky Mount

EMTALA is a more than three-decade-old federal law that says hospitals that accept Medicare (most hospitals in this country) cannot turn away anyone with an emergency medical condition; they are required to provide stabilizing treatment to prevent that person from suffering serious medical complications. After Roe v. Wade was overruled in 2022, the Biden administration issued guidance clarifying that if a pregnant patient arrives at a hospital with an emergency condition that could only be stabilized with an abortion, the hospital is required to provide that care — regardless of state law. 

To the Supreme Court, Idaho has argued that states — not doctors, and not the federal government — should be permitted to decide what kind of emergency medical care women can receive. “The federal government cannot use EMTALA to override in the emergency room state laws about abortion any more than it can use it to override state law on organ transplants or marijuana use,” the state’s attorney general wrote in its petition to the high court. 

Lawyers for the Department of Justice sued the state of Idaho last year over the criminal abortion ban passed by the GOP-controlled legislature, which only allows for abortions to prevent a patient’s death — language one Idaho doctor said “is not useful to medical providers because this is not a dichotomous variable.”

The Biden administration argued the Idaho law violates care requirements mandated by EMTALA, and a lower court agreed, blocking the law as it applied to medical emergencies. But on Jan. 5, the Supreme Court lifted the lower court injunction, reinstating the ban and sending the chilling message to Idaho doctors that they cannot offer the care they have been trained to provide to pregnant patients without fear of criminal prosecution.

Nancy Northup, president of the Center for Reproductive Rights, called the Supreme Court’s intervention in the case “deeply troubling.”

“EMTALA is currently the only federal protection for patients who need emergency abortions. If the Supreme Court eviscerates that, there is no doubt that people will die,” Northup said in a statement.

More SCOTUS news from The Washington Post: Supreme Court to review restrictions on homeless encampments.

The Supreme Court said Friday it will consider whether state and local officials can punish homeless individuals for camping and sleeping in public spaces when shelter beds are unavailable.

The justices will review a lower court decision that declared it unconstitutional to enforce anti-camping laws against homeless individuals when they have nowhere else to sleep.

photo by Frank Herfort'

Photo by Frank Herfort

The U.S. Court of Appeals for the 9th Circuit, which covers Western states, including California, Oregon and Washington, first held in 2018 that the Eighth Amendment’s protection against cruel and unusual punishment prohibits cities from criminalizing public camping when shelter is unavailable.

The city of Grants Pass, Ore., asked the justices to overturn a similar recent decision involving civil fines and warned that the ruling would paralyze cities across the West from addressing safety and public health risks created by tents and makeshift structures. The 9th Circuit’s decision, the officials said, is standing in the way of a comprehensive response to the growth of public encampments.

“The consequences of inaction are dire for those living both in and near encampments: crime, fires, the reemergence of medieval diseases, environmental harm and record levels of drug overdoses and deaths on public streets,” lawyers for the city told the high court.

News on one more SCOTUS case from The Hill: Supreme Court steps into Starbucks union fight.

The Supreme Court agreed Friday to hear Starbucks’s appeal of a decision ordering the coffee chain to reinstate seven terminated employees, who were part of a high-profile union drive and became known as the “Memphis Seven.”

With implications for labor organizing more broadly, the justices will take up the case to decide the proper standard for court injunctions requested by the National Labor Relations Board (NLRB) as they battle against employers in administrative proceedings.

The injunctions, aimed at keeping the status quo, have forced companies to reinstate employees, keep facilities open and pause corporate policy changes as the NLRB adjudicates alleged unfair labor practices.

Federal appeals courts have been split on what test the NLRB must clear to receive such an order, however.

Starbucks, backed by the U.S. Chamber of Commerce and other business interests, argues that some courts — like the one that ordered the Memphis Seven be reinstated — have been too lenient, emboldening the NLRB to interfere with employers without due cause.

“That split carries enormous consequences for employers nationwide and unacceptably threatens the uniformity of federal labor law,” Starbucks’s attorneys wrote to the justices.

Hunter Biden has reversed course and offered to testify behind closed doors in the House. The Guardian: Hunter Biden offers to testify privately if House Republicans issue new subpoena.

Hunter Biden offered on Friday to comply with any new subpoena and testify in private before House Republicans seeking to impeach his father over alleged but unproven corruption, an attorney for Joe Biden’s son said.

Troy Brooks

By Troy Brooks

“If you issue a new proper subpoena, now that there is a duly authorised impeachment inquiry, Mr Biden will comply for a hearing or deposition,” Abbe Lowell wrote to James Comer and Jim Jordan, the Republican chairs of the oversight and judiciary committees.

“We will accept such a subpoena on Mr Biden’s behalf.”

Republicans are interested in Hunter Biden’s business dealings and struggles with addiction. Outside Congress, he faces criminal charges over a gun purchase and his tax affairs that carry maximum prison sentences of 25 and 17 years. In Los Angeles on Thursday, he added a not guilty plea in the tax case to the same plea in the gun case.

Biden previously refused to comply with a congressional subpoena for testimony in private, giving a press conference on Capitol Hill to say he would talk if the session were public.

On Wednesday, Comer held a hearing to consider a resolution to hold Biden in contempt of Congress, a charge that can result in a fine and jail time.

The hearing descended into chaos with Biden and Lowell making a surprise appearance, sitting in the audience while Republicans and Democrats traded partisan barbs. The resolution was sent to the full House for a vote. The White House said Joe Biden had not been told of his son’s plan to attend the oversight hearing.

Congressional Republicans are dead set on taking more funding away from the IRS, even though–or maybe because–the extra money has resulted in millions more income for the government. Raw Story: Funding GOP wants to cut helped IRS collect $500 million from rich tax cheats.

The Internal Revenue Service said Friday that it has collected more than $500 million from wealthy tax dodgers since 2022, thanks to a funding boost that is now in jeopardy as Republican lawmakers work to claw back tens of billions of dollars from the agency.

The IRS has used a budget increase approved under the Inflation Reduction Act to ramp up enforcement efforts, targeting millionaires over significant sums of unpaid taxes. The agency announced Friday that it has retrieved $520 million through its new initiatives.

“This is why we fought for a fully funded IRS, and why it’s so reckless for Republicans to try to slash its budget again,” Rep. Gerry Connolly (D-Va.) wrote in response to the agency’s announcement.

The congressional GOP, which has long worked to starve the IRS of funding in service to rich tax cheats, is aiming to more quickly implement $20 billion in cuts that they secured as part of last year’s bipartisan deal to raise the debt ceiling, potentially compromising tax enforcement. The $20 billion represents a quarter of the $80 billion IRS funding boost in the Inflation Reduction Act, which Republicans unanimously opposed.

Under a spending tentative agreement that congressional leaders announced this past weekend, the $20 billion in IRS cuts would be frontloaded to 2024 instead of being spread out over two years. The deal still must pass Congress—hardly a forgone conclusion as far-right Republicans push House Speaker Mike Johnson (R-La.) to back out of the agreement, complaining that government spending is too high overall.

Johnson is also aiming to slash an additional $10 billion from the tax agency’s 2025 funding.

A couple of 2024 campaign stories:

CNN: Biden campaign grapples with undecided voters who don’t yet believe Trump could be the nominee.

Even as the Biden reelection campaign forges ahead with preparations for another potential general election match-up between Biden and his predecessor, it is grappling with a stubborn reality: The majority of undecided voters simply do not seem to believe – at least not yet – that Donald Trump is likely to be the Republican presidential nominee.

Allergy Testing,, Erika OllerAccording to the campaign’s internal research, this is the case for most of the undecided voters that the campaign is targeting – nearly three-in-four of them, senior Biden campaign officials told CNN. Those officials said one of the biggest reasons driving this is the simple fact that many voters are not paying close attention to the election, including the ins and outs of the GOP nomination process.

“You can’t conceive of how tuned out these folks are,” one senior campaign official said.

To that end, Biden campaign officials see the task of helping voters recognize that Trump is a strong frontrunner as one of their most important and urgent challenges, with the first GOP caucus in Iowa now just days away. A key part of that work is painting a vivid picture of what a second term of a Trump White House would look like.

At some point in the near future, Biden campaign officials say they expect that a switch will turn on for many of these voters who are not yet convinced that Trump is likely to be on the ballot in the fall. As one senior official put it, a realization will hit: “Oh s—, it is an election between that guy and that guy.”

But what’s impossible for the campaign to predict at this point in the election cycle is when exactly it will click for voters that “that guy” – Trump – is poised to be the GOP presidential nominee. Just 20% of the public has been paying a lot of attention to the 2024 presidential campaign, according to an AP-NORC poll from the end of last year; meanwhile, 47% said they have paid little or no attention.

Lisa Lerer at The New York Times: On the Ballot in Iowa: Fear. Anxiety. Hopelessness.

Across Iowa, as the first nominating contest approaches on Monday, voters plow through snowy streets to hear from candidates, mingle at campaign events and casually talk of the prospect of World War III, civil unrest and a nation coming apart at the seams.

Four years ago, voters worried about a spiraling pandemic, economic uncertainty and national protests. Now, in the first presidential election since the siege on the Capitol on Jan. 6, 2021, those anxieties have metastasized into a grimmer, more existential dread about the very foundations of the American experiment.

“You get the feeling in Iowa right now that we’re sleepwalking into a nightmare and there’s nothing we can do about it,” said Doug Gross, a Republican lawyer who has been involved in Iowa politics for nearly four decades, ran for governor in 2002 and plans to support Nikki Haley in the state’s caucuses on Monday. “In Iowa, life isn’t lived in extremes, except the weather, and yet they still feel this dramatic sense of inevitable doom.”

Donald J. Trump, the dominant front-runner in the Republican primary race, bounces from courtroom to campaign trail, lacing his rhetoric with ominous threats of retribution and suggestions of dictatorial tendencies. President Biden condemns political violence and argues that if he loses, democracy itself could falter.

Bill Bradley, 80, who served for 18 years as a New Jersey senator, remembered when he ran for the Democratic presidential nomination in 2000, spending more than 75 days in Iowa during his bid. “We debated health care and taxes, which is reasonable,” he said, adding, “Civil war? No. World War III? No, no, no.”

This presidential race, he said, is “a moment that is different than any election in my lifetime.”

Read more at the NYT.

56472f58f940842437a70eabc38ddf92

Photographer unknown

There is so much Trump legal news today, that I’m just going to link to the articles, and you can decide what you want to read.

Raw Story: Judge Cannon shuts down Jack Smith’s effort to get Trump’s lawyer communications.

Politico: How one judge is slowing down one of Trump’s biggest criminal cases.

The New York Times: Court Papers Offer Glimpse of Trump’s Defense in Classified Documents Case.

AP: Donald Trump ordered to pay The New York Times and its reporters nearly $400,000 in legal fees.

The Messenger: Trump’s Courtroom Outbursts in New York May Hurt His Appellate Prospects, Experts Say.

The Daily Beast: Trump Scores Rare Legal Win With Pyramid Scheme Lawsuit.

The Messenger: E. Jean Carroll Wants Judge to Stop Trump From Turning Trial Into a ‘Circus’

That’s all I have for you today. What else is happening?


Lazy Caturday Reads

Happy Caturday!!

By Matt McCarthy, Surreal Cat Art

By Matt McCarthy, Surreal Cat Art

Today is the third anniversary of the January 6, 2001 Capitol insurrection, which Trump incited and applauded. It was a failed coup attempt–a last ditch effort to keep Trump in power after all his legal efforts had failed.

Yesterday, President Biden spoke about the insurrection in the first speech of his campaign for reelection, and it was a barn-burner.

David Smith at The Guardian: Fired-up Biden shows gloves are off in January 6 anniversary speech.

This time it’s personal. On Friday Joe Biden tore into his predecessor Donald Trump as never before. He brimmed with anger, disdain and contempt. He apparently had to stop himself from swearing. So much for “when they go low, we go high” – and plenty of Democrats will be just fine with that.

If Biden was seeking to jolt his half-conscious 2024 re-election campaign into life, this may have done the trick. The palpable loathing of Trump took a good 10 or 20 years off him. Keep hating like this and he might do a Benjamin Button all the way to election day.

There is no better illustration of Biden’s evolution than a speech he delivered on the first anniversary of the January 6 insurrection. On that occasion, he denounced a “web of lies” but never mentioned Trump by name, preferring to cite the “former president”. Those were still the days when he would talk about “the former guy” and get a laugh.

Two years on, in an address near Valley Forge, Pennsylvania, Biden spoke the name “Trump” more than 40 times in less than an hour as he warned that his likely 2024 opponent would sacrifice American democracy to put himself in power. The 81-year-old president generally seems like a grandfatherly figure predisposed to give people the benefit of the doubt, which makes his detestation of Trump all the more striking.

Trump’s failure to act as a violent mob stormed the US Capitol, despite the pleas of staff and family members, was “among the worst derelictions of duty by a president in American history”, Biden said, noting that Trump went on to lose 60 court cases that took him back to the truth “that I had won the election and he was a loser”….

The president went on to recall how Trump has called the insurrectionists “patriots” and claimed there was a “lot of love” on January 6. At that, Biden shook his head, blinked and let out a gasp of disbelief, as if stunned anew by the assertion. “The rest of the nation, including law enforcement, saw a lot of hate and violence,” he said.

Biden furiously denounced political violence and Trump’s habit of joking about the big lie-influenced intruder who attacked Paul Pelosi, the former House speaker Nancy Pelosi’s husband, with a hammer, saying: “And he thinks that’s funny. He laughed about it. What a sick – ”

He halted. At the last moment, the president of the United States had saved himself from uttering a profanity. The urge coursed through his body and found relief in his hands, which clenched into fists, as the crowd filled in with laughter and whooping. “My God,” Biden said. “I think it’s despicable, seriously, not just for a president but for any person to say that.”

Read the rest at The Guardian. Read the full transcript of Biden’s speech at The White House site.

Andrey Scherbak, Russian artist

By Andrey Scherbak, Russian artist

This review of the speech is by Reid J. Epstein at The New York Times: Biden Condemns Trump as Dire Threat to Democracy in a Blistering Speech.

President Biden on Friday delivered a ferocious condemnation of Donald J. Trump, his likely 2024 opponent, warning in searing language that the former president had directed an insurrection and would aim to undo the nation’s bedrock democracy if he returned to power.

On the eve of the third anniversary of the Jan. 6, 2021, attack on the Capitol by Mr. Trump’s supporters, Mr. Biden framed the coming election as a choice between a candidate devoted to upholding America’s centuries-old ideals and a chaos agent willing to discard them for his personal benefit.

“There’s no confusion about who Trump is or what he intends to do,” Mr. Biden warned in a speech at a community college not far from Valley Forge in Pennsylvania, where George Washington commanded troops during the Revolutionary War. Exhorting supporters to prepare to vote this fall, he said: “We all know who Donald Trump is. The question is: Who are we?”

In an intensely personal address that at one point nearly led Mr. Biden to curse Mr. Trump by name, the president compared his rival to foreign autocrats who rule by fiat and lies. He said Mr. Trump had failed the basic test of American leaders, to trust the people to choose their elected officials and abide by their decisions.

“We must be clear,” Mr. Biden said. “Democracy is on the ballot. Your freedom is on the ballot.”

The harshness of Mr. Biden’s attack on his rival illustrated both what his campaign believes to be the stakes of the 2024 election and his perilous political standing. Confronted with low approval ratingsbad head-to-head polling against Mr. Trump, worries about his age and lingering unease with the economy, Mr. Biden is turning increasingly to the figure who has proved to be Democrats’ single best motivator.

In a speech in New Hampshire, Liz Cheney also issued a dire warning.

The Daily Beast: Liz Cheney Warns That Voting for Trump in 2024 Could Be ‘Last Vote You’ll Ever Cast.’

On the eve of the third anniversary of the Jan. 6 insurrection, former Rep. Liz Cheney (R-WY) warned the 2024 election could be the nation’s last.

Speaking to a room full of Dartmouth College students, Cheney expressed her belief that former President Donald Trump would refuse to hand over the reins of power if elected to a second term.

“He won’t leave office,” Cheney said. “He already tried not to leave office once. So I think there’s a lot of living in a fantasy world that’s going on with Republicans telling themselves, ‘Look, we’ll vote for him, it won’t be so bad.’ It may well be the last real vote you ever get to cast. It will be that bad.”

GiantCats, artist unknown

Giant Cats, artist unknown

What’s more, Cheney looks at her former colleagues in Congress and sees a group of enablers who would happily acquiesce to Trump’s designs and help muscle him back to power if the 2024 election result is in doubt.

The biggest enabler of all, Cheney said, might be her former “good friend” Mike Johnson—the backbencher turned Speaker of the House.

If no presidential candidate is able to secure 270 electoral votes in November, the decision could head to a House floor controlled by Johnson, the architect of the House GOP’s legal efforts to swing the last election to Trump.

“I think we need to be concerned about a Mike Johnson speakership, particularly in an instance where there’s a contested election,” Cheney said on Friday. “It’s a dangerous situation if the Republicans are in the majority.”

The AP discusses the status of the January 6 criminal investigations and trials, as well the unsolved mystery of who planted two pipe bombs.: Hundreds of convictions, but a major mystery is still unsolved 3 years after the Jan. 6 Capitol riot.

Authorities are still working to identify more than 80 people wanted for acts of violence at the Capitol and to find out who placed pipe bombs outside the Republican and Democratic national committees’ offices the day before the Capitol attack. And they continue to regularly make new arrests, even as some Jan. 6 defendants are being released from prison after completing their sentences.

The cases are playing out at the same courthouse where Donald Trump is scheduled to stand trial in March in the case accusing the former president of conspiring to overturn his 2020 election loss in the run-up to the Capitol attack….

More than 1,230 people have been charged with federal crimes in the riot, ranging from misdemeanor offenses like trespassing to felonies like assaulting police officers and seditious conspiracy. Roughly 730 people have pleaded guilty to charges, while another roughly 170 have been convicted of at least one charge at a trial decided by a judge or a jury, according to an Associated Press database.

Only two defendants have been acquitted of all charges, and those were trials decided by a judge rather than a jury.

About 750 people have been sentenced, with almost two-thirds receiving some time behind bars. Prison sentences have ranged from a few days of intermittent confinement to 22 years in prison. The longest sentence was handed down to Enrique Tarrio, the former Proud Boys national chairman who was convicted of seditious conspiracy for what prosecutors described as a plot to stop the transfer of power from Trump, a Republican, to Joe Biden, a Democrat….

Defense attorneys and prosecutors are closely watching a case that will soon be heard by the U.S. Supreme Court that could impact hundreds of Jan. 6 defendants. The justices agreed last month to hear one rioter’s challenge to prosecutors’ use of the charge of obstruction of an official proceeding, which refers to the disruption of Congress’ certification of Biden’s 2020 presidential election victory over Trump.

More than 300 Jan. 6 defendants have been charged with the obstruction offense, and so has Trump in the federal case brought by special counsel Jack Smith. Lawyers representing rioters have argued the charge was inappropriately brought against Jan. 6 defendants.

The justices will hear arguments in March or April, with a decision expected by early summer. But their review of the obstruction charge is already having some impact on the Jan. 6 prosecutions. At least two defendants have convinced judges to delay their sentencings until after the Supreme Court rules on the matter.

On the pipe bombs:

One of the biggest remaining mysteries surrounding the riot is the identity of the person who placed two pipe bombs outside the offices of the Republican and Democratic national committees the day before the Capitol attack. Last year, authorities increased the reward to up to $500,000 for information leading to the person’s arrest. It remains unclear whether there was a connection between the pipe bombs and the riot.

giant_cat_with_a_wireless_tail__ai_art__by_3d1viner_dfkvjsi-414w-2x

Giant Cat with a Wireless Tail, by 3d1viner

One of the biggest remaining mysteries surrounding the riot is the identity of the person who placed two pipe bombs outside the offices of the Republican and Democratic national committees the day before the Capitol attack. Last year, authorities increased the reward to up to $500,000 for information leading to the person’s arrest. It remains unclear whether there was a connection between the pipe bombs and the riot….

The explosive devices were placed outside the two buildings between 7:30 p.m. and 8:30 p.m. on Jan. 5, 2021, but officers didn’t find them until the next day. Authorities were called to the Republican National Committee’s office around 12:45 p.m. on Jan. 6. Shortly after, a call came in for a similar explosive device found at the Democratic National Committee headquarters. The bombs were rendered safe, and no one was hurt.

Video released by the FBI shows a person in a gray hooded sweatshirt, a face mask and gloves appearing to place one of the explosives under a bench outside the DNC and separately shows the person walking in an alley near the RNC before the bomb was placed there. The person wore black and light gray Nike Air Max Speed Turf sneakers with a yellow logo.

In other news, the Supreme Court has agreed to decide whether Trump can be kept off the Colorado primary ballot. Their decision will obviously affect the other similar cases in multiple states. This week, efforts to disqualify Trump based on the 14th Amendment were initiated in Illinois and Massachusetts.

Adam Liptak at The New York Times: Supreme Court to Decide Whether Trump Is Eligible for Colorado Ballot.

The Supreme Court agreed on Friday to decide whether former President Donald J. Trump is eligible for Colorado’s Republican primary ballot, thrusting the justices into a pivotal role that could alter the course of this year’s presidential election.

The sweep of the court’s ruling is likely to be broad. It will probably resolve not only whether Mr. Trump may appear on the Colorado primary ballot after the state’s top court declared that he had engaged in insurrection in his efforts to subvert the 2020 election, but it will most likely also determine his eligibility to run in the general election and to hold office at all.

Not since Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush, has the Supreme Court taken such a central role in an election for the nation’s highest office.

The case will be argued on Feb. 8, and the court will probably decide it quickly. The Colorado Republican Party had urged the justices to rule by March 5, when many states, including Colorado, hold primaries.

The number of challenges to Mr. Trump’s eligibility across the country can only have added pressure on the court to hear the Colorado case, as they underscored the need for a nationwide resolution of the question.

The case is one of several involving or affecting Mr. Trump on the court’s docket or on the horizon. An appeals court will hear arguments on Tuesday on whether he has absolute immunity from prosecution, and the losing side is all but certain to appeal. And the court has already said that it will rule on the scope of a central charge in the federal election-interference case in a decision expected by June.

Mr. Trump asked the Supreme Court to intervene after Colorado’s top court disqualified him from the ballot last month. That decision is on hold while the justices consider the matter.

Cathedral of St. Paul, by JReischl on Deviant Art

Cathedral of St. Paul, by JReischl on Deviant Art

The Supreme Court also agreed to hear an abortion case yesterday, and, since it *only* involves women’s lives and safety, it was overshadowed by the Trump eligibility case. But this one is horrific.

Ann E. Marimow at The Washington Post: Supreme Court to decide if U.S. law requires some emergency room abortions.

The Supreme Court said Friday it will review a case challenging Idaho’s strict abortion ban, which the Biden administration says conflicts with a federal law requiring emergency room doctors to perform the procedure in some circumstances.

Idaho’s attorney general asked the justices to intervene after a lower-court judge blocked a section of Idaho’s abortion statute targeting doctors. The judge said the provision violates a federal law that requires hospitals receiving Medicare funding to guarantee emergency care. In its brief order Friday, the justices allowed the Idaho law to take full effect for now and said they would review the matter on an expedited basis in April.

The Biden administration turned to the Medicare law as a narrow way to challenge state-level abortion bans in federal court after the Supreme Court’s conservative majority overturned the fundamental right to an abortion established decades earlier in Roe v. Wade. The effort was seen as one of the few paths the administration could pursue to preserve access to abortion, which remains a galvanizing and divisive issue across the country in the lead-up to the 2024 presidential election.

The issue of access to abortion in health emergencies is not the only reproductive-rights case to reach the high court this term. The justices also will decide whether to limit access to the widely used abortion medication mifepristonefirst approved by the Food and Drug Administration more than 20 years ago.

Idaho was one of several states to pass a “trigger” law before the 2022 decision in Dobbs v. Jackson Women’s Health, with the expectation that it would automatically take effect if the high court overturned Roe. The Idaho law, passed in 2020, bans most abortions and imposes penalties of up to five years in prison on doctors who perform the procedure, with an exception when “necessary to prevent the death of a pregnant woman.”

Abortion rights advocates and medical experts say the Idaho law, and similar bans in more than two dozen other states, have put doctors and hospitals at legal risk as they navigate life-or-death decisions for pregnant patients and seek to interpret vague medical exceptions to decide whether it is permissible in some circumstances to terminate a pregnancy.

In a similar case in Texas, the conservative U.S. Court of Appeals for the 5th Circuit this week ruled against the Biden administration, saying Texas hospitals and doctors are not obligated to perform abortions under the federal emergency-care law.

From the AP: The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies.

The Supreme Court on Friday allowed Idaho to enforce its strict abortion ban, even in medical emergencies, while a legal fight continues.

The justices said they would hear arguments in April and put on hold a lower court ruling that had blocked the Idaho law in hospital emergencies, based on a lawsuit filed by the Biden administration.

Ariduka55, Japanese artistThe Idaho case gives the court its second major abortion dispute since the justices in 2022 overturned Roe v. Wade and allowed states to severely restrict or ban abortion. The court also in the coming months is hearing a challenge to the Food and Drug Administration’s rules for obtaining mifepristone, one of two medications used in the most common method of abortion in the United States.

In the case over hospital emergencies, the Biden administration has argued that hospitals that receive Medicare funds are required by federal law to provide emergency care, potentially including abortion, no matter if there’s a state law banning abortion.

U.S. District Judge B. Lynn Winmill in Idaho agreed with the administration. But in a separate case in Texas, a judge sided with the state.

Idaho makes it a crime with a prison term of up to five years for anyone who performs or assists in an abortion.

One more from the White House website: Statement from President Joe Biden on Supreme Court Order on Idaho’s Abortion Ban.

Today’s Supreme Court order allows Idaho’s extreme abortion ban to go back into effect and denies women critical emergency abortion care required by federal law. The overturning of Roe v. Wade has enabled Republican elected officials to pursue dangerous abortion bans like this one that continue to jeopardize women’s health, force them to travel out of state for care, and make it harder for doctors to provide care, including in an emergency. These bans are also forcing doctors to leave Idaho and other states because of laws that interfere with their ability to care for their patients. This should never happen in America.

The Vice President and I believe that health care decisions should be made by women and their doctors, not politicians. We will continue to defend a woman’s ability to access emergency care under federal law. As this case continues, the stakes could not be higher for women across America. Congress must immediately restore the protections of Roe v. Wade so that women in every state can access the health care they need.

That’s it for me today. What else is happening?