Lazy Caturday Reads

F0sXCSXaIAIdHS0Happy Caturday!!

There’s not a lot of exciting political news today, so I’m going to share a bit about the apparent solving of a high-profile cold case crime. After that, some articles about Ron DeSantis and what he’s done to Florida.

Police in Long Island announced yesterday that they have identified the man popularly known as the Long Island serial killer.

I wrote a post in April, 2011, about the series of bodies that had been found on Long Island. The women were identified as working in the sex trade. I have often argued that the massive number of murders and rapes of women in the U.S. should be a political issue. Often the women who are targeted are seen by both the criminal and the police as throwaways–poor women, women of color, and sex workers. In that post I quoted from a Salon article: Why do serial killers target sex workers? Read the rest of this entry »


Lazy Caturday Reads

sea-cat-art-heidi-taillefer-painting-surreal-cat-pictura-sea-pisica

Sea cat art by Heider Taillefer

Happy Caturday!!

I’m in a surreal frame of mind this morning. I’m not sure what’s wrong with me. I have a sore throat and I feel kind of lightheaded. I hope I’m not getting sick. Maybe it’s just because I’m reading a surreal book, The Secret History, by Donna Tartt. I know I should have read it years ago, but somehow I never got around to it. It’s very different from what I expected. I knew it was about a murder involving upper middle class classics students at a college in Vermont. I didn’t expect it to be full of slapstick humor. It’s somewhat disconcerting, but very well written. It has definitely taken my mind off the horror of U.S. politics.

Speaking of surreal murders, 73-year-old Lesley Van Houten is going to be let out of prison. NBC News: Manson family killer Leslie Van Houten will be paroled, lawyer says, after Gov. Newsom drops fight.

Leslie Van Houten, a follower of Charles Manson who was convicted in two killings, will be paroled in weeks, her attorney said Friday after California’s governor said he would not challenge it at the State Supreme Court.

“She’s thrilled,” Van Houten’s attorney Nancy Tetreault said.\Van Houten, now 73, will be paroled in the next several weeks after spending more than five decades in prison, Tetreault said.

An appeals court ruled in May that Van Houten is eligible for parole, reversing a decision by Gov. Gavin Newsom to reject parole.

Newsom, who has repeatedly blocked efforts for Van Houten to be paroled, had until Monday to file a challenge with the state Supreme Court.

Newsom, a Democrat, said Friday he would not do so….

Van Houten is serving a life sentence after being convicted along with other cult members of the 1969 killings of Leno and Rosemary LaBianca in Los Angeles.

A jury convicted Van Houten in 1971 of two counts of first-degree murder and one count of conspiracy to commit murder. She was initially sentenced to death, but that was overturned and she has spent 52 years in state prison.

Van Houten has been before the state Board of Parole Hearings more than 20 times. The board has recommended Van Houten be paroled five times since 2016, according to the state Department of Corrections and Rehabilitation.

She threw her life away back in 1969 when she chose to follow instructions from Manson and his  bloodthirsty cult member Susan Atkins. I doubt if she’s a danger to society at this point. 

Paris-Through-my-window-1913 marc Chagall

Paris Through My Window, by Marc Chagall, 1913

There’s a bit of Trump investigation news this morning from New York Times both-sides reporter Michael Schmidt: Trump Asked About I.R.S. Inquiry of F.B.I. Officials, Ex-Aide Says Under Oath.

John F. Kelly, who served as former President Donald J. Trump’s second White House chief of staff, said in a sworn statement that Mr. Trump had discussed having the Internal Revenue Service and other federal agencies investigate two F.B.I. officials involved in the investigation into his campaign’s ties to Russia.

Mr. Kelly said that his recollection of Mr. Trump’s comments to him was based on notes that he had taken at the time in 2018. Mr. Kelly provided copies of his notes to lawyers for one of the F.B.I. officials, who made the sworn statement public in a court filing.

“President Trump questioned whether investigations by the Internal Revenue Service or other federal agencies should be undertaken into Mr. Strzok and/or Ms. Page,” Mr. Kelly said in the statement. “I do not know of President Trump ordering such an investigation. It appeared, however, that he wanted to see Mr. Strzok and Ms. Page investigated.”

Mr. Kelly’s assertions were disclosed on Thursday in a statement that was filed in connection with lawsuits brought by Peter Strzok, who was the lead agent in the F.B.I.’s Russia investigation, and Lisa Page, a former lawyer in the bureau, against the Justice Department for violating their privacy rights when the Trump administration made public text messages between them.

I hope Page and Strzok finally get their revenge on Trump.

The disclosures from Mr. Kelly, made under penalty of perjury, demonstrate the extent of Mr. Trump’s interest in harnessing the law enforcement and investigative powers of the federal government to target his perceived enemies. In the aftermath of Richard M. Nixon’s presidency, Congress made it illegal for a president to “directly or indirectly” order an I.R.S. investigation or audit.

The New York Times reported last July that two of Mr. Trump’s greatest perceived enemies — James B. Comey, whom he fired as F.B.I. director, and Mr. Comey’s deputy, Andrew G. McCabe — were the subject of the same type of highly unusual and invasive I.R.S. audit.

It is not known whether the I.R.S. investigated Mr. Strzok or Ms. Page. But Mr. Strzok became a subject in the investigation conducted by the special counsel John Durham into how the F.B.I. investigated Mr. Trump’s campaign. Neither Mr. Strzok nor Ms. Page was charged in connection with that investigation, which former law enforcement officials and Democrats have criticized as an effort to carry out Mr. Trump’s vendetta against the bureau. Mr. Strzok is also suing the department for wrongful termination.

Mr. Strzok and Ms. Page exchanged text messages that were critical of Mr. Trump and were later made public by Rod J. Rosenstein, then the deputy attorney general under Mr. Trump, as he faced heavy criticism from Republicans on Capitol Hill who were trying to find ways to undermine him.

Katzenworld, Femke Hiemstra

Katzenworld, Femke Hiemstra

NBC has an interesting excerpt from the new book by former Trump official Miles Taylor: White House officials worried Trump showed reporters classified material while in office, new book recounts.

A forthcoming book by an ex-Trump administration aide describes an episode in which officials worried that then-President Donald Trump was cavalier in his handling of classified information while talking to reporters, according to a copy obtained by NBC News.

Miles Taylor, who was a top aide to Homeland Security Secretary Kirstjen Nielsen, writes about the 2018 episode in a book set to be published this month. As a sitting president at the time, Trump had broad powers to declassify information. Yet the incident Taylor describes suggests that his aides still believed he needed to show more care toward state secrets — an issue that landed him in legal peril after he left office and took sensitive records with him….

Trump was still president when the episode Taylor described unfolded Oct. 18, 2018. Taylor writes that he was in a private meeting in the West Wing with John Bolton, who was then Trump’s national security adviser.

Then-White House press secretary Sarah Huckabee Sanders came into Bolton’s office and described an interview that Trump had given in the Oval Office, according to Taylor’s book, “Blowback.” (It’s common for White House press aides to sit in when the president gives interviews.)

Trump had been talking to the reporters about Jamal Khashoggi, the dissident and journalist who was killed that month by Saudi assassins in Turkey.

Sanders told Bolton that the president had picked up classified documents relating to intelligence on Khashoggi’s death and displayed them, Taylor writes, but that the reporters were unlikely to have been able to read the text.

Bolton gasped at first, but “breathed a sigh of relief” when Sanders told him there had been no cameras in the room, according to the book.

Still, “We were all disturbed by the lapse in protocol and poor protection of classified information,” Taylor writes.

It looks like Rudy Giuliani will finally be disbarred in DC. CBS News: Rudy Giuliani should be disbarred for false election fraud claims, D.C. review panel says.

A Washington, D.C., Bar Association review panel is recommending former New York Mayor Rudolph Giuliani be disbarred in Washington for his handling of litigation challenging the 2020 election on behalf of then-President Trump.

Daniel Ryan

By Daniel Ryan

Giuliani “claimed massive election fraud but had no evidence,” wrote the three-lawyer panel in a report released Friday, regarding the errors and unsupported claims in a Pennsylvania lawsuit he argued seeking to overturn the Republican president’s loss to Democrat Joe Biden.

Between Election Day and the Jan. 6, 2021, riot at the U.S. Capitol, Giuliani and other Trump lawyers repeatedly pressed claims of election fraud that were almost uniformly rejected by federal and state courts. He’s the third lawyer who could lose his ability to practice law over what he did for Trump: John Eastman faces disbarment in California, and Lin Wood this week surrendered his license in Georgia.

“Mr. Giuliani’s effort to undermine the integrity of the 2020 presidential election has helped destabilize our democracy,” wrote the three lawyers on the panel, Robert C. Bernius, Carolyn Haynesworth-Murrell and Jay A. Brozost.

The panel’s report will now go to the D.C. Court of Appeals for a final decision.

How much lower can this man sink. It’s difficult to believe that he was once a DOJ official and then U.S. Attorney for the Southern District of New York, not to mention mayor of NYC.

The Zuckerberg-Musk fight over the new Threads social media app is pretty entertaining. Here’s the latest:

The Guardian: Zuckerberg’s ‘Twitter killer’ Threads hits 70m sign-ups in two days.

Mark Zuckerberg’s “Twitter-killer” Threads has reached 70m sign-ups in less than 48 hours, as it more than doubled its growth from its first day on app stores.

The new microblogging platform was launched in 100 countries this week . It immediately accumulated significant numbers of users, hitting more than 30 million within its first 24 hours, apparently making it the fastest downloaded app ever. On Friday, however, Zuckerberg announced on his Threads account that the user total had more than doubled that figure.

marc-chagall-le-poète

Marc Chagall, Le Poète

“70 million sign ups on Threads as of this morning. Way beyond our expectations,” he wrote. Threads launched around the world at 7pm EST in the US on Wednesday.

Elon Musk’s Twitter has reacted to the new rival with a formal threat to sue the “copycat” app over alleged violation of its “intellectual property rights”….

Zuckerberg, chief executive of Threads and Instagram owner Meta, has said he wants to make “kindness” a focus of the app’s appeal, in a reference to concerns that the rival platform, which has more than 250 million users, has become too hostile for some.

“The goal is to keep it friendly as it expands. I think it’s possible and will ultimately be the key to its success,” he wrote on his Threads account. “That’s one reason why Twitter never succeeded as much as I think it should have, and we want to do it differently.”

That seems unlikely, knowing human nature, but we can hope.

Mashable: Threads backtracks flagging right-wing users for spreading disinformation.

If you regularly spread “false information” online, Threads already knows. The platform apparently flagged those accounts on launch, warning users that considered following them, before backtracking.

When Threads launched on Wednesday, numerous right-wing users shared(opens in a new tab) their dissatisfaction(opens in a new tab) with Twitter’s biggest competitor — on Twitter of course — over having their accounts flagged for disinformation. 

As of Friday, however, it seems the warning label on accounts that reported the issue has since disappeared….

“This account has repeatedly posted false information that was reviewed by independent fact-checkers or went against our Community Guidelines,” read the label that would pop up when another user attempted follow these accounts.

The wording on the label is similar to a warning prompt that appears on Meta services like Facebook and Instagram. As Threads is so new and still so tightly connected to Instagram, it appears Meta used an account’s existing reputation to inform Threads users of their history.

Later on, Andy Stone of Meta, said the warning labels had been posted by mistake and they were removed from right wing accounts.

Tayor Lorenz at The Washington Post: How Twitter lost its place as the global town square.

Alex Pearlman, a stand-up comedian in Philadelphia, woke up one morning in June and turned on the local news. A portion of Interstate 95 had collapsed. Pearlman thought it was the type of thing people should know about.

Five years ago, he would have turned to Twitter to spread the news. But on that Sunday morning, he picked up his phone and made a TikTok — which quickly amassed more than 2 million views.

Michael Bridges

By Michael Bridges

A decade ago, Twitter rose to prominence by casting itself as a “global town square,” a space where anyone could reach millions of people overnight. The platform was pivotal in facilitating large social movements, such as the Arab Spring protests in the Middle East and the Black Lives Matter protests over police violence. In a recent email to staff, Twitter’s new chief executive, Linda Yaccarino, repeated this characterization, calling the site “a global town square for communication.”

But Twitter no longer serves this function. Thanks to a string of disastrous missteps over the past year by new owner Elon Musk — punctuated by the decision last week to cap the number of posts users can view — Twitter is hemorrhaging users and relevance. While Meta’s new Threads app is making an impressive debut, most social media experts say TikTok reigns as the new global town square and has held that role for quite a while.

“Twitter is definitely not anyone’s public square. Not anymore,” said Chris Messina, who on Thursday posted the hashtag #DeadTwitter on Threads. Twitter is “Elon Musk’s private playground where he’s about to charge everyone … for entry and access #DeadTwitter.”

On Musk’s failed “leadership”:

Since taking the helm last fall promising to champion “free speech,” Musk has alienated users with a relentless stream of updates that are hostile to the app’s heaviest users. He removed all legacy check marks — Twitter’s years-old way to assure users that posters are really who they say they are — sowing distrust and leading to significant financial consequences for major brands that were easily impersonated under the new system. He then sold blue check marks, which ensured amplification to anyone willing to pay $8 a month, allowing scammers and grifters to crowd out the replies to popular tweets. Interesting content has been down-ranked in favor of pay-to-play blue check mark replies, some of which push crypto scams and pornography.

Musk also flooded the “for you” timeline with his own tweets, driving away users who came to the service to follow friends and interests outside of the platform’s billionaire owner.

“Before, if I saw someone was verified, they’d have to have done something of note to get it,” said Ryan Fay, a theater director in Atlanta. “Now, I can’t trust anyone who claims to be a journalist and has a check mark because they paid for it, and I don’t know if they have any credentials or knowledge. Seeing a blue check now means this person is using Twitter to try to sell me something or some sort of scamming.”

Musk also fired Twitter’s trust and safety team, allowing harassment and abuse to explode across the platform unchecked. He’s banned prominent journalists and liberal activists. He’s railed against LGTBQ people and declared the word “cisgender” a slur. If that wasn’t enough to drive the most dedicated Twitter users to greener pastures, last week he began limiting the number of tweets users could read, blocking nonpaying users from being served more than 600 tweets per day.

There’s much more on Musk’s failures at the WaPo link. For now, it feels so satisfying to have an alternative to the mess Musk made at Twitter. We’ll have to wait and see how Zuckerberg does with Threads.

Have a great Caturday everyone!!


Lazy Caturday Reads: Fake Voter Fraud and Real SCOTUS Fraud

Cat and Girl by Tara Dougans

Cat and Girl by Tara Dougans

Happy Caturday!!

There’s quite a bit happening in politics news today, even though it is kind of a long holiday weekend with a Monday in between. I’ll bet plenty of working people are taking Monday off. I’m retired now; but whenever there’s a holiday weekend, I get the same feelings I used to when I was working. It feels like a time to goof off–maybe laze around reading a good book or binge watching something on TV. It’s a time to relax in the peaceful knowledge that you’re not required to be anywhere or do anything in particular.

Here in Boston, the Fourth of July weekend means lots of folks will be headed for Cape Cod or New Hampshire, and the city will be eerily quiet in the daytime. When I first moved to Boston from Indiana, I dutifully got a Massachusetts driver’s license; but I didn’t have a car, so I didn’t have to brave the insane Boston traffic. Eventually, I decided I wanted to learn to handle Boston driving even though I was terrified. I waited until the Fourth of July weekend, and drove all over downtown on empty streets to practice and build my confidence.

Yesterday, I started getting that holiday weekend feeling again. I can’t explain it any more than I can explain how I get that back to school feeling in the fall. I guess repeated experiences have formed pathways in my brain that are triggered by certain times of the year.

I feels like there should be a dearth of political news, too, but that’s not the case. It’s another very busy news day. There’s news of another “perfect” phone call by Trump trying to overturn the 2020 election. And of course, there are plenty of reactions to the most recent Supreme Court decisions.

Another “Perfect” Phone Call?

Leigh Ann Caldwell, Josh Dawsey, and Yvonne Winget Sanchez at The Washington Post: Trump pressured Arizona Gov. Doug Ducey to overturn 2020 election.

In a phone call in late 2020,President Donald Trump tried to pressure Arizona Gov. Doug Ducey (R) to overturn the state’spresidential election results, saying that if enough fraudulent votes could be found it would overcome Trump’s narrow loss in Arizona, according to three people familiar with the call.

Trump also repeatedly asked Vice President Mike Pence to call Ducey and prod him to find the evidence to substantiate Trump’s claims of fraud, according to two of these people. Pence called Ducey several times to discuss the election, they said, though he did not follow Trump’s directions to pressure the governor.

The extent of Trump’s efforts to cajole Ducey into helping him stay in power have not before been reported, even as other efforts by Trump’s lawyer and allies to pressure Arizona officials have been made public….

Indira Baldano

By Indira Baldano

Trump phoned the governor’s cellphone on Nov. 30,2020, as Ducey was in the middle of signing documents certifying President Biden’s win in the state during a live-streamed video ceremony. Trump’s outreach was immediately clear to those watching. They heard “Hail to the Chief” play on the governor’s ringtone. Ducey pulled his phone from out of his suit jacket, muted the incoming call and put his phone aside. On Dec. 2,he told reporters he spoke to the president after the ceremony,buthe declined to fully detail the nature of the conversation. Ducey said the president had “an inquisitive mind”but did not ask the governor to withhold his signature certifying the election results.

But four people familiar with the call said Trump spoke specifically about his shortfall of more than 10,000 votes in Arizona and then espoused a range of false claims that would show he overwhelmingly won the election in the state and encouraged Ducey to study them. At the time, Trump’s attorneys and allies spread false claims to explain his loss, including that voters who had died and noncitizens had cast ballots.

After Trump’s call to Ducey, Trump directed Pence, a former governor who had known Ducey for years, to frequently check in with the governor for any progress on uncovering claims of voting improprieties, according to two people with knowledge of the effort.

Pence was expected to report back his findings and was peppered with conspiracy theories from Trump and his team,the person said. Pence did not pressure Ducey, but told him to please call if he found anything because Trump was looking for evidence, according to those familiar with the calls.

Like officials in Georgia, Ducey told Trump there was no evidence of widespread voter fraud in his state. Trump then began attacking Ducey publicly and shifted his efforts to using Rudy Giuliani to convince the Arizona legislature to find the “fraud” for him.

The article says that Ducey has not been contacted by the Special Counsel’s team, but he has interviewed other Arizona officials.

More than half a dozen past and current officials in Arizona contacted by Trump or his allies after his defeat have either been interviewed by Smith’s team or have received grand jury subpoenas seeking records,according to four people familiar with the interviews.Those interviewed include Bowers, the former Arizona House speaker, and three current members of the governing board of Maricopa County, the largest voting jurisdiction in the state that affirmed that Biden won.

Spokespeople for Arizona Gov. Katie Hobbs (D) and Arizona Attorney General Kris Mayes (D), told The Post this week that their offices have not received correspondence from Smith’s team seeking records about the 2020 election. The Arizona Secretary of State’s office received a grand jury subpoena dated Nov. 22, 2022, that sought information about communications with Trump, his campaign and his representatives, according to an official familiar with the document but not authorized to publicly speak about it.

Reactions to Recent SCOTUS Rulings

There is a massive amount of discussion of the garbage rulings the Supreme Court issued this week. The student loan forgiveness case is getting a great deal of attention, as is the case of the web designer who used a fake customer and a non-existent wedding website to get the court to decide she could discriminate against gay couples. Dakinikat wrote a terrific post yesterday about several of the latest decisions, so I’m just going to follow that with some of the latest reactions from Court observers. If you haven’t read Dakinikat’s post, I highly recommend it.

Paul Blumenthal at HuffPost: The Supreme Court’s Conservative Supermajority Continues Its Work Rolling Back The 20th Century.

When five conservative justices on the Supreme Court overturned Roe v. Wade and ended the right to an abortion in 2022, it signaled a new era for the court’s conservatism, one in which none of the rights and policies that emerged from the 20th century appeared safe.

Valentin Gubarev

By Valentin Gubarev

It also spawned a debate over the internal dynamics of that conservative supermajority. Chief Justice John Roberts did not join his fellow conservatives in overturning Roe. Had Roberts lost control of the court to the conservative ultras like Justices Clarence Thomas and Samuel Alito? Would he regain control in the next term?

The decisions released at the close of the court’s most recent term in June ― ending affirmative action in higher education, declaring a new right to discriminate against gay couples and voiding President Joe Biden’s plan for student loan debt relief ― present a different question: Does it even matter if Roberts is in the driver’s seat?

The conservative movement that built this court has long sought to roll back the legal and policy advances meant to blunt historic bigotries and discrimination, as well as the ability of the federal government to aid people harmed by the power of private capital. And they are continuing on that path whether Roberts or the ultra cohort runs the court.

At first, the conservative movement hoped that Ronald Reagan’s election in 1980 would allow them to sweep away the policies of both the New Deal and the 1960s and 1970s, but they could not consolidate political power to do so through the legislative and executive branches. Instead, they launched a legal movement to win control of the judiciary and enact their policies outside of the political process.

That is what they have done over the last decade. They gutted the Voting Rights Act, first in 2013 and again in 2021. They blew a hole in restrictions on religious prayer in schools in 2022. And, of course, ended protections for reproductive rights in Dobbs v. Jackson Women’s Health Organization. Their progress continued this term.

Blumenthal addresses how each of the recent decisions of this illegitimate court have continued the work of erasing the gains of the last century. Read the rest of his arguments at HuffPo.

Ian Millhiser at Vox on the fake marriage website decision: Neil Gorsuch has a problem with telling the truth.

On Thursday, Justice Neil Gorsuch released a 26-page opinion venting outrage about a legal dispute that does not exist, involving websites that do not exist. Yet this case, built on imaginary grounds, will have very real consequences for LGBTQ consumers, and for anti-discrimination laws more broadly. All of the Court’s Republican appointees joined Gorsuch’s opinion in 303 Creative v. Elenis.

That said, the fake dispute that Gorsuch imagines in his 303 Creative opinion involves a reasonably narrow legal question….

By Joan BarberThe case centers on Lorie Smith, a website designer who wishes to expand her business into designing wedding websites — something she has never done before. She says she’s reluctant to do so, however, because she fears that if she designs such a website for an opposite-sex couple, Colorado’s anti-discrimination law will compel her to also design wedding websites for same-sex couples. And Smith objects to same-sex marriages.

As Gorsuch summarizes her claim, Smith “worries that, if she [starts designing wedding websites,] Colorado will force her to express views with which she disagrees.”

This is not a religious liberty claim, it is a free speech claim, rooted in well-established law, which says that the First Amendment forbids the government from compelling people to say something that they would rather not say. In ruling in Smith’s favor, the Court does not say that any religious conservative can defy any anti-discrimination law. It simply holds that someone like Smith, who publishes words for a living, may refuse to say something they don’t want to say.

The problem is that Smith brought her case using a fake customer who never requested a service she never offered. Back to the Millhiser piece:

Before this case was argued, I wrote that if Lorie Smith had been approached by a same-sex couple and refused to design a wedding website for them, and if she had then been sued for refusing to do so, then she would have a very strong First Amendment defense against such a suit. As the Supreme Court said in Rumsfeld v. Forum for Academic and Institutional Rights (2006), “freedom of speech prohibits the government from telling people what they must say.” And that includes the right of a web designer to refuse to write words on a website that they do not wish to write.

But none of these events have actually happened. And, for that reason, the Supreme Court should have dismissed the case.

The frustrating thing about this case is that it involves an entirely fabricated legal dispute. Again, Lorie Smith has never actually made a wedding website for a paying customer. Nor has Colorado ever attempted to enforce its civil rights law against Ms. Smith. Indeed, in its brief to the Supreme Court, Colorado expressed doubt that its anti-discrimination law would even apply to Smith.

Is this Gorsuch’s effort to set up a precedent for allowing businesses to discriminate against protected classes? And isn’t this decision based on fraud, since we now know that the customer Smith identified never contacted her and is already married and not gay?

And that wasn’t the only case SCOTUS decided on fake grounds. David Dayan at The American Prospect: Supreme Court Decides Fake Plaintiffs Are Good Plaintiffs.

Approximately 43 million Americans were made between $10,000 and $20,000 poorer today (plus interest) thanks to six Republican lawyers from Harvard and Yale. They decided that a program based on a statute intended to modify student loan balances in the event of an emergency could not modify student loan balances in the event of the COVID-19 emergency. And they did it by claiming that a plaintiff was injured by this program, when that plaintiff did not petition the Court over its injury, had no involvement in the case, and would likely not be injured by the program.

This is the upside-down world in which the Supreme Court dealt a fatal blow to the Biden administration’s student debt cancellation program. Advocates and members of Congress are now calling for a Plan B, to enact debt relief by some other means; for various reasons, I doubt that the administration will take that opportunity. But what should not be ignored is the way in which the nation’s highest court relies on dodgy theories and facts not in evidence to make the pronouncements it wants….

Susan Visser

By Susan Visser

The plaintiffs in the two student loan cases, one of which was so preposterous that it was thrown out unanimously for lack of standing (that was the one where two borrowers said they didn’t have a chance to make public comment to get more debt relief, and that the remedy should be that nobody gets debt relief), simply didn’t like that borrowers would have some debt canceled, on ideological grounds. Nobody seriously contests this as their aim. But in American law, at least in theory, you have to have standing to sue: A party would have to be harmed by 43 million people getting debt relief, and eliminating the debt relief would have to redress this harm.

The Roberts Court, with the chief justice writing for the majority, believes they found one in the Missouri Higher Education Loan Authority (MOHELA), a student loan servicer that stands to lose $44 million in servicing fees from debts that would be wholly canceled, according to the state of Missouri’s calculations. There’s one problem: MOHELA is not a plaintiff in the case. MOHELA in fact didn’t know about the case until hearing news reports, played no role in the case, opposed the case from being brought, and would not give the state of Missouri evidence for the case until required by state sunshine laws. We know all this from internal documents and public statements by MOHELA.

Even if MOHELA went ahead and sued, the contract they signed to accept federal student loans for servicing stipulates explicitly that the government has “sole discretion” to remove contracts from servicers, that the contractor cannot “object or protest,” and that the contractor “waives and releases all current or future claims” related to this. Perhaps this is why MOHELA did not sue in this case. Moreover, MOHELA stood to gain from debt cancellation on net, because it would get an estimated $61 million in fees to process forgiveness (more than Missouri said they would lose), and it would eliminate legal liability from botching Public Service Loan Forgiveness (PSLF) claims, and many of those loans would have been extinguished in debt cancellation.

Read the rest at the American Prospect link.

More on this standing issue and conflicts on the court from Mark Joseph Stern at Slate: John Roberts Is Already Frustrated With the Response to SCOTUS Killing Student Debt Relief.

The Supreme Court struck down Joe Biden’s student debt relief plan in a 6–3 decision on Friday that rewrites federal law to create a bespoke, extra-textual prohibition on the large-scale cancellation of student debt. Chief Justice John Roberts’ decision in Biden v. Nebraska blazed past a clearly insurmountable standing problem to scold the president for even trying to use the law according to its own plain terms in order to offer mass debt relief in the wake of the COVID-19 pandemic. He also chastised Justice Elena Kagan for her “disturbing” suggestion, in dissent, that the majority had gone “beyond the proper role of the judiciary.” The decision boils down to the chief justice’s obvious disdain for student debt relief—which is perhaps why he interpreted Kagan’s criticism as, in his words, a “personal” affront….

Indira Baldano2

By Indira Baldano

The biggest question in the case was whether anyone could establish standing to challenge the program in the first place. After all, the federal government itself holds this debt, and no one is obviously “injured” by the government helping somebody else by erasing their debt. (In a separate case decided on Friday, the court unanimously held that two people who oppose the plan had no standing to sue.) Missouri tried to get around this problem by fixating on MOHELA, a corporation created by the state that services student loans. The Missouri attorney general asserted that MOHELA would suffer financially because of Biden’s plan—which turns out to be false—and that the state itself could represent its interests in court. A key flaw in this reasoning is that MOHELA is an independent entity from Missouri that could have sued to defend its own interests, but refused to do so, and even refused to help Missouri “represent” it in court. (State officials had to file public records requests to obtain key information because MOHELA did not want to participate in this case at all.)

Roberts didn’t care about any of that. MOHELA is “an instrumentality of Missouri,” he wrote, and Biden’s plan “will cut MOHELA’s revenues.” (Again: provably false!) So, according to Roberts and the court’s five other hard-line conservatives, the state had established standing.

This is so similar to what Gorsuch did in the fake marriage website case! The right wing justices can’t wait for legitimate cases to be brought; they have to search for fake ones, because they are desperate to return our country to the bad old days of Jim Crow and white male dominance.

Elena Kagan wasn’t having it.

Kagan pulled no punches in response. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” she wrote. “At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.” She skewered the idea that Missouri and MOHELA are interchangeable, citing the Missouri Supreme Court’s own declaration that they are not. And she eviscerated the majority for “wielding the major-questions sword” to overrule “legislative judgments” that belong to the political branches.

Congress had better watch out, because the Court is working to displace them. Just wait until they get control of the power of the purse!

One more SCOTUS action from yesterday reported by Sam Levine at The Guardian: Supreme court leaves intact Mississippi law disenfranchising Black voters.

The US supreme court turned away a case on Friday challenging Mississippi’s rules around voting rights for people with felony convictions, leaving intact a policy implemented more than a century ago with the explicit goal of preventing Black people from voting.

Those convicted of any one of 23 specific felonies in Mississippi permanently lose the right to vote. The list is rooted in the state’s 1890 constitutional convention, where delegates chose disenfranchising crimes that they believed Black people were more likely to commit. “We came here to exclude the negro. Nothing short of this will answer,” the president of the convention said at the time. The crimes, which include bribery, theft, carjacking, bigamy and timber larceny, have remained largely the same since then; Mississippi voters amended it remove burglary in 1950 and added murder and rape in 1968.

Tara Dougan2

By Tara Dougans

It continued to have a staggering effect in Mississippi. Sixteen per cent of the Black voting-age population remains blocked from casting a ballot, as well as 10% of the overall voting age population, according to an estimate by The Sentencing Project, a criminal justice non-profit. The state is about 38% Black, but Black people make up more than half of Mississippi’s disenfranchised population.

Challengers to the law argued that the policy was unconstitutional because it bore the “discriminatory taint” from the 1890 constitution. One of the plaintiffs was Roy Harness, a social worker in his late 60s who is permanently barred from voting because he was convicted of forgery decades ago. Forgery was one of the original crimes included in the list of disenfranchising offenses.

Read more details at The Guardian.

I’ll end there and share a few more stories in the comments. Have a great Fourth of July sort of weekend!


Lazy Caturday Reads

boris-kustodiev--merchants-wife-at-cats-tea

The Merchant’s Wife at Tea, by Boris Kustodiev

Happy Caturday!!

All hell has broken loose in Russia, and I’m not a good judge of what is happening, although it’s certainly interesting to watch events as they happen. It does look as though Putin is getting weaker. Yevgeny Prigozhin, formerly known as “Putin’s Chef,” who is the leader of the Wagner Group, a private mercenary organization, is challenging Putin’s Defense Minister Sergei Shoigu and top general Valery Gerasimov over the way the Ukraine war is going.

It’s important to note that Prigozhin is not a good guy. He was in charge of the Internet Research Agency, which led the disinformation campaign to interfere with the 2016 U.S. election and put Trump in the White House.

I’ve been watching TV and reading knowledgeable people on Twitter off and on since late last night when Dakinikat called and got me to pay attention. I was sort of hibernating yesterday and sure enough, something big happened while I was escaping reality. Anyway, I’ll post some of what Russia experts are saying at the moment. Obviously, this is a fast-moving story. In fact, MSNBC is reporting right now that mercenary forces are marching toward Moscow and Putin has ordered makeshift truck blockades of roads into the city.

One interesting thing I’ve seen on Twitter is the number of former Republicans who are expressing relief that Biden is in the White House now and not Donald Trump.

This is from Russia expert Tom Nichols, who posted a primer at The Atlantic last night: A Crisis Erupts in Russia.

A simmering political feud in Russia has exploded into a crisis. The head of a Russian mercenary army fighting in Ukraine alongside Moscow’s official military forces has declared war against the Russian ministry of defense, claiming that Russia’s war in Ukraine was all the result of a giant plot by defense bureaucrats to mislead Russian President Vladimir Putin into a pointless conflict.

'A Girl With Kittens' (1895) by Ivan Gorokhov (1863-1934)

‘A Girl With Kittens’ (1895) by Ivan Gorokhov (1863-1934)

Yevgeny Prigozhin, the head of the Wagner Group, also claims that Russian government forces struck his men and inflicted numerous casualties. The Russian Defense Ministry denies any involvement with the strike, but Prigozhin has gone, literally, on the warpath, claiming that he will march into the southern Russian city of Rostov and onward if necessary to topple the corrupt officials leading the Russian Defense Ministry and military high command. He is asking Russian police and military forces to stand aside while he gets “justice” for his troops.

The Russian government, which has long welcomed Prigozhin’s assistance in conflicts in Syria and Ukraine, has apparently had enough of all this, especially now that Prigozhin is dismantling the Kremlin’s rationalizations for the war—and by extension, making Putin look like a fool or a liar or both. The Russian security service has opened a criminal case against Prigozhin for instigating a coup and issued a warrant for his arrest, something they could do only with Putin’s approval.

As for why this is happening, Nichols writes:

Think of this conflict not as a contest between the Russian state and a mercenary group, but as a falling-out among gangsters, a kind of Mafia war.

A government doing a lot of bad things in the world can make great use of a cadre of hardened and nasty mercenaries, and Prigozhin has been making his bones for years as a tough guy leading other tough guys, ultranationalist patriots who care more about Mother Russia than the supposedly lazy and corrupt bureaucrats in Moscow do. The Ministry of Defense, meanwhile, is led by a political survivor named Sergei Shoigu, who has managed to stay in the Kremlin in one capacity or another since 1991. Shoigu never served in the Soviet or Russian military, yet affects the dress and mannerisms of a martinet.

Prigozhin and Shoigu, both personally close to Putin, have good reason to hate each other. Shoigu’s forces have been humiliated in Ukraine, shown up both by the Ukrainians and by Prigozhin’s mercenaries (a point Prigozhin hammers home every chance he gets). Prigozhin claims that Shoigu has withheld ammunition and supplies from Wagner, which is probably true; a defense minister is going to take care of his own forceto displace Shoigu or move up somehow in the Moscow power structure. But Shoigu is no rookie, and a Russian Defense Ministry edict was about to go into force requiring all mercenaries to sign up with the Russian military, which would place them under Shoigu’s control.s first. The two men have a lot of bad blood between them, and Prigozhin might have been hoping to displace Shoigu or move up somehow in the Moscow power structure. But Shoigu is no rookie, and a Russian Defense Ministry edict was about to go into force requiring all mercenaries to sign up with the Russian military, which would place them under Shoigu’s control.

Read more at The Atlantic. If you can’t get past the paywall, try emptying your cache. They allow a couple of free articles.

Also from the Atlantic, by Anne Applebaum: Russia Slides Into Civil War. Is Putin facing his Czar Nicholas II moment?

The hall of mirrors that Vladimir Putin has built around himself and within his country is so complex, and so multilayered, that on the eve of a genuine insurrection in Russia, I doubt very much if the Russian president himself believed it could be real.

'Tête-à-tête' (1868) by Vladimir Makovsky (1846-1920)

‘Tête-à-tête’ (1868) by Vladimir Makovsky (1846-1920)

Certainly the rest of us still can’t know, less than a day after this mutiny began, the true motives of the key players, and especially not of the central figure, Yevgeny Prigozhin, the leader of the Wagner mercenary group. Prigozhin, whose fighters have taken part in brutal conflicts all over Africa and the Middle East—in Syria, Sudan, Libya, the Central African Republic—claims to command 25,000 men in Ukraine. In a statement yesterday afternoon, he accused the Russian army of killing “an enormous amount” of his mercenaries in a bombing raid on his base. Then he called for an armed rebellion, vowing to topple Russian military leaders.

Prigozhin has been lobbing insults at Russia’s military leadership for many weeks, mocking Sergei Shoigu, the Russian minister of defense, as lazy, and describing the chief of the general staff as prone to “paranoid tantrums.” Yesterday, he broke with the official narrative and directly blamed them, and their oligarch friends, for launching the full-scale invasion of Ukraine in 2022. Ukraine did not provoke Russia on February 24, he said: Instead, Russian elites had been pillaging the territories of the Donbas they’ve occupied since 2014, and became greedy for more. His message was clear: The Russian military launched a pointless war, ran it incompetently, and killed tens of thousands of Russian soldiers unnecessarily….

Up until the moment it started, when actual Wagner vehicles were spotted on the road from Ukraine to Rostov, a Russian city a couple of miles from the border (and actual Wagner soldiers were spotted buying coffee in a Rostov fast-food restaurant formerly known as McDonald’s), it seemed impossible. But once they appeared in the city—once Prigozhin posted a video of himself in the courtyard of the Southern Military District headquarters in Rostov—and once they seemed poised to take control of Voronezh, a city between Rostov and Moscow, theories began to multiply….

But the Kremlin may not have very good information either. Only a month ago, Putin was praising Prigozhin and Wagner for the “liberation” of Bakhmut, in eastern Ukraine, after one of the longest, most drawn-out battles in modern military history. Today’s insurrection was, by contrast, better planned and executed: Bakhmut took nearly 11 months, but Prigozihin got to Rostov and Voronezh in less than 11 hours, helped along by commanders and soldiers who appeared to be waiting for him to arrive.

There’s more speculation at the link. Again, try emptying your cache to get by the paywall. I was able to get these two free articles this morning.

Some background from Max Seddon at The Financial Times: ‘He went nuts’: how Putin’s caterer served a dish of high treason.

When they first appeared in 2014 to fight covertly in Ukraine, the masked militiamen of Russia’s Wagner group epitomised how Vladimir Putin’s Kremlin had mastered a new, underhand form of warfare.

'Girl In Front of a Mirror' (1848) by Filipp Budkin (1806-1850)

‘Girl In Front of a Mirror’ (1848) by Filipp Budkin (1806-1850)

But after Wagner paramilitaries took control of at least one Russian city on Saturday and began a “march of justice” on Moscow, the blowback from nine years of war in Ukraine threatened the very foundations of Putin’s state — with a problem of his own making.

After months of lurid public infighting, the conflict between Yevgeny Prigozhin’s paramilitaries and the Russian defence ministry has boiled over into the first coup attempt in Russia in three decades.

Although Putin appeared shocked by his former caterer Prigozhin’s “treason” during a stern five-minute address to the nation, the chaos indicated how years of covert warfare, poor governance and corruption had created the greatest threat to his rule in 24 years….

The roots of Prigozhin’s revolt date back to 2014 when Prigozhin set up Wagner as a way for Russia to disguise its involvement in a slow-burning war in Ukraine’s eastern Donbas region. The group helped keep eastern Ukraine under Russian proxy control and, as its mission expanded, gave Russia plausible deniability for sorties as far away as Syria and Mozambique.

Seddon provides quite a bit more background on the conflict between Prigozhin and Putin. Read that at the link if you’re interested. On what’s happening now, Seddon writes:

The exact circumstances leading to the uprising remain unclear. One person close to the FSB said Russia’s security forces had spent the past several days preparing for some kind of assault, suggesting Prigozhin had learnt of the plan and had decided to go out all guns blazing. “This isn’t out of nowhere and it didn’t come as a surprise,” the person said.

Another former senior Kremlin official said the conflict with the army had driven Prigozhin — a former criminal who is said to revel in publicly executing deserters — to even further extremes.

“He went nuts, flew into a rage and went too far. He added too much salt and pepper,” the former official said. “What else do you expect from a chef?”

An important trigger for Prigozhin’s uprising appears to have been Putin’s decision to back the defence ministry’s attempts to bring Wagner to heel.

Read more insights on Prigozhin’s state of mind at The Financial Times.

'Morning Tea' by Vladimir Makovsky (1846-1920)

‘Morning Tea’ by Vladimir Makovsky (1846-1920)

Yaroslav Trofimov at The Wall Street Journal writes about what’s happening now: Russia’s Putin Orders Military to Crush Wagner Power Grab, Calls It Treason.

Russian President Vladimir Putin said Saturday he ordered his military to act against the Wagner paramilitary group that seized the southern Russian city of Rostov, describing its actions as treason that put the country’s survival in peril.

As Wagner columns moved toward Moscow Saturday, they were attacked by Russian aircraft in the Voronezh region, some 300 miles south of the capital. Videos from the area showed the city of Voronezh’s main fuel depot ablaze, a Ka-52 helicopter destroying a vehicle, and another helicopter narrowly escaping a Wagner antiaircraft missile. A Russian plane was also shot down.

The crisis unfolding in Russia represents the most serious challenge to Putin’s 23-year rule—a direct consequence of the strains put on Russian society and armed forces by the war that he unleashed against Ukraine in February last year.

If the Wagner insurrection isn’t put down swiftly, the strife could significantly undermine Russia’s front-line troops in Ukraine just as Kyiv carries out a Western-backed offensive to reclaim occupied lands. The uprising exposes the fault lines that have already emerged in Russian society and challenges Putin’s strategy of waging a long war against Ukraine in the hopes that Western political will to support Kyiv would eventually collapse.

Wagner troops, led by Yevgeny Prigozhin, earlier in the day took over the main military headquarters for southern Russia, in Rostov, and other installations there, encountering virtually no resistance from the regular armed forces. After that, Wagner sent columns of troops northward toward Moscow, as the Russian army rushed to cut off highways and defend the capital city. Moving past Voronezh, Wagner’s tanks and troop carriers were seen by Saturday lunchtime crossing the Lipetsk region, where authorities called on residents to remain indoors.

While Putin’s spokesman Dmitry Peskov said that the Russian president remained in the Kremlin, flight-monitoring services showed that at least two special flight-squadron aircraft used by Russia’s top leadership left the capital for St. Petersburg on Saturday. Russian troops started preparing fortifications on approaches to Moscow.

Read more at the WSJ. I didn’t encounter a paywall when I used the link at Memeorandum.

'Her Favorite' (1905) by Nikolai Bodarevsky (1850-1921)

‘Her Favorite’ (1905) by Nikolai Bodarevsky (1850-1921)

The Guardian is posting live updates here.

2 hours ago:

The governor of Russia’s Lipetsk province says the Wagner mercenary group has entered the region, AP reports.

The Lipetsk region is about 360km (225 miles) south of Moscow and much closer to the capital than Rostov-on-Don, where Wagner forces appeared during the night.

3 minutes ago:

The Moscow region has suspended mass events outdoors and at educational institutions until 1 July, authorities have announced.

This follows the mayor of Moscow urging residents to refrain from travelling around the capital.

31 minutes ago:

Former Russian president, Dmitry Medvedev, said on Saturday that Russia will not allow the Wagner mutiny led by Yevgeny Prigozhin to turn into a coup or a global crisis, Russia’s state news agency TASS reports.

Answering questions from journalists, Medvedev, deputy chairman of Russia’s security council, said the whole world would be on the brink of catastrophe if Russian nuclear weapons fell into the hands of Wagner.

“The history of mankind hasn’t yet seen the largest arsenal of nuclear weapons under control by bandits,” Medvedev said. “Such a crisis will not be limited by just one country’s borders, the world will be put on the brink of destruction.”

He added: “We won’t allow such a turn of events.”

The New York Times is also providing live updates here.

I’m going to end there and get this posted. This could get even more interesting.


Lazy Caturday Reads: The Indictments

Happy Caturday!!

Greek Kitties, Timothy Adam Matthews

Greek Kitties, by Timothy Adam Matthews

Honestly, I don’t even know where to begin today. What is happening in U.S. politics right now is beyond anything we have ever experienced as a country, with the exception of the Civil War.

A former president of the U.S. tried to overthrow his own government in order to prevent a transition to a new president after he lost an election. He incited an attempted coup; and when that failed, he tried to overthrow the results of presidential votes in several states.

Finally, when all that failed to keep him in office, he stole hundreds of government documents and stored them in his private club in locations in which all kinds of people could have access to them. He displayed some of the documents to people without clearance to see them and, for all we know, could have given classified information to other countries.

It’s simply breathtaking.

Now the former president has been indicted for serious crimes, and his political party is still supporting him and vowing revenge on our most important institutions. Could it get any worse? The answer is yes, of course it could. He could end up winning his party’s 2024 nomination and being elected president again, even if he is in prison by that time.

So that’s where we stand right now. I’ll share some reads, but there is no way I have the time or space to include everything that’s out there.

First, here is a pdf of the indictment, if you’d like to read it. And here is an annotated version by Charlie Savage at the New York Times: The Trump Classified Documents Indictment, Annotated.

I think this description of the situation we are in by Tom Nichols at The Atlantic is very good. I could only read it in my email, because I’m not a subscriber. The title: Trump’s Indictment Reveals a National-Security Nightmare.

The charges—38 of them—are a big deal. And before the GOP gaslighting reaches supernova levels, let’s also bear in mind that what Trump actually did is a big deal too. He claimed that he declassified, by fiat, boxes of classified information, and then appears to have left all of that material sitting in ballrooms, bedrooms, and bathrooms. To this day, he insists that he had every right to do whatever he wanted with America’s secrets. Fortunately, the court has unsealed the indictment, because Americans need to know, and care, about the magnitude of Trump’s alleged offenses.

To understand the severity of the charges against Trump, consider a thought experiment: Imagine that Vladimir Putin is one day driven from the Kremlin, perhaps in a coup or in the face of a popular revolt. He jumps into his limousine and heads for self-imposed exile in a remote dacha. His trunk is full of secret documents that he decided belong to him, including details of the Russian nuclear deterrent and Russia’s military weaknesses.

Now imagine how valuable those boxes would be to any intelligence organization in the world. I spent the early years of my career analyzing Soviet and Russian documents as an academic Sovietologist, and I would have loved to see such materials. Small, seemingly trivial details—something as innocuous as a desk calendar or a notepad—might not mean much to a layperson, but to a professional, they could be pure gold. To get even a peek at such Russian materials would be an intelligence triumph.

Timothy Adma Matthews1

By Timothy Adams Matthews

But of course, I would never have been able to lay my hands on them, because a cache of such immense importance, if U.S. operatives spirited any of it out of Russia, would have been secured in a vault somewhere deep in the CIA. Trump, meanwhile, left highly sensitive American documents lying around at a golf resort like practice balls on the driving range. According to the indictment:

“The Mar-a-Lago Club was an active social club, which, between January 2021 and August 2022, hosted events for tens of thousands of members and guests. After TRUMP’s presidency, The Mar-a-Lago Club was not an authorized location for the storage, possession, review, display, or discussion of classified documents. Nevertheless, TRUMP stored his boxes containing classified documents in various locations at The Mar-a-Lago Club—including in a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room.”

Actually, it might be harder to steal practice balls. “The Storage Room,” the indictment notes, “was near the liquor supply closet, linen room, lock shop, and various other rooms.” These are not exactly low-traffic areas. Worse yet, the indictment asserts that Trump had some of these documents at his club in New Jersey, where he showed files to people who had no business seeing them. (One of them, according to the indictment, was something Trump claimed was a plan of attack on a foreign country prepared for him by the Department of Defense and a senior military official.)

If you can access The Atlantic website, you can read more, but I think that is a good summary of the seriousness of what this country is facing.

Here are a some long reads that address various aspects of the Trump indictment and it’s possible effects on U.S. politics and national security.

For more details on the national security situation, read this piece at Just Security: National Security Implications of Trump’s Indictment: A Damage Assessment.

At The Washington Post, Rachael Weiner writes about the specific charges: Here are the 37 charges against Trump and what they mean.

One of my least favorite New York Times writers, Peter Baker, evaluates what the indictment means for President Biden and the U.S. justice system: Trump’s Case Puts the Justice System on Trial, in a Test of Public Credibility. Why am I not surprised that this is what Baker chose to write about? Still, it’s worth considering.

More helpful reads, with excerpts:

John Gerstein at Politico: The startling, damning details in the Trump indictment.

Classified documents found in a shower. A clumsy effort to move boxes and hide them from the FBI. A damaging admission, caught on tape. And Donald Trump’s own public statements, used against him.

Those are some of the details in the indictment charging Trump and a longtime aide with an extraordinary scheme to hoard national secrets that Trump took to his Mar-a-Lago estate after leaving the White House.

Here are some of the most notable revelations.

Timothy Adam Matthews2

By Timothy Adam Matthews

Showing off military plans

On at least two occasions after leaving office, Trump displayed classified documents to others visiting him at his golf club in Bedminster, New Jersey, the indictment alleges. In July 2021, Trump showed a writer, a publisher and two staff members a “plan of attack” that he said had been prepared for him by the U.S. military, the charges say. The audio-recorded meeting reportedly involved a document that Joint Chiefs of Staff Chairman Mark Milley drafted about Iran.

Trump allegedly made a potentially damning admission at that session, saying he could have declassified the document while he was president but “now I can’t.”

A longtime aide turned co-conspirator

Trump isn’t the only person facing criminal charges over the classified documents fiasco: His longtime aide and “body man,” Walt Nauta, was also hit with six felony counts including obstruction of justice and making false statements to the FBI. The indictment says Trump instructed Nauta to move boxes containing classified documents in order to conceal them from both Trump’s own lawyers and the FBI.

Prosecutors accused Nauta of lying months ago and pressured him to cooperate in the investigation, a source familiar with the situation told POLITICO, but the charges unsealed Friday indicate that he and prosecutors didn’t come to terms on a deal – at least not yet.

Classified docs in a bathroom

The indictment says that Mar-a-Lago was a particularly vulnerable location for the classified documents because it’s “an active social club [that] hosted events for tens of thousands of members and guests” – a far cry from the closely guarded “sensitive compartmented information facility,” or SCIF, that is typically used to store the most sensitive national security secrets.

Trump has railed at the FBI for spreading classified documents across the floor of a closet during a search of Mar-a-Lago last August. But prosecutors say Trump’s own storage of the documents was just as sloppy. The indictment says some of the classified records at Mar-a-Lago were stored in “a ballroom, a bathroom and shower [and] his bedroom.”

Spilling secrets, literally

Other details from the indictment emphasize the haphazard nature with which sensitive government documents were strewn around the estate. The indictment alleges that, on at least one occasion in December 2021, boxes containing a mix of classified and unclassified records “spilled onto the floor” of a storage room. Helpfully for prosecutors, Nauta allegedly texted a photo of the scene to another Trump aide.

One of the documents, classified “Secret” and marked for release only to U.S. officials and close allies, discussed “military capabilities of a foreign country,” the indictment says.

More at the link

Literately Lazy #6, Timothy Adam MatthewsThe Daily Beast: Photographic Proof: Feds Found Boxes of Classified Docs All Over Mar-a-Lago.

The 37-count indictment accusing Donald Trump of illegally hoarding classified documents used a wealth of surveillance footage, private conversations, employees’ text messages, audio-taped meetings, and witness statements to make a damning case.

But the 44-page document also included a half-dozen images of the documents themselves, stacked in boxes next to a toilet, spilling out onto the floor of a storage room, and piled up in rows on the stage of a ballroom at Trump’s resort in South Florida….

In one exchange outlined in the indictment and backed up with a photograph, Trump employees discussed moving some of Trump’s boxes of documents out of a Mar-a-Lago business center and into a bathroom instead so staff could use the business center as an office.

“Woah!! Ok so potus specifically asked Walt for those boxes to be in the business center because they are his ‘papers,’” one Trump employee texted to another, referencing Walt Nauta.

The two employees then went back and forth discussing what they could move to storage. “There is still a little room in the shower where his other stuff is,” one employee texted. “Is it only his papers he cares about? Theres some other stuff in there that are not papers. Could that go to storage? Or does he want everything in there on property.”

“Yes,” the second employee responds. “Anything that’s not the beautiful mind paper boxes can definitely go to storage.”

In another instance in May 2021, Trump told staff to move some of his boxes to a storage room, the indictment says. Images show the boxes stacked up in the storage room as well as a hallway leading to the room that prosecutors say could easily be reached from Mar-a-Lago’s pool patio. The storage room was right next to a liquor supply closet and a linen room.

In December 2021, Trump’s personal aide, Walt Nauta, found that some of those 80 boxes had fallen over and their contents spilled out on the floor.

Among the papers scattered around the storage room were, according to the indictment, a document marked “SECRET//REL TO USA//FVEY” which denoted information releasable only to the Five Eyes intelligence alliance of the U.S., the U.K., Australia, Canada and New Zealand.

You might want to read what Marcy Wheeler of Emptywheel has to say about the indictment: The Mar-a-Lago Indictment is a Tactical Nuke.

I’ve become convinced that what I will call the Mar-a-Lago indictment — because I doubt this will be the only stolen documents one — is a tactical nuke: A massive tool, but simply a tactical one.

As I’ve laid out, it charges 31 counts of Espionage Act violations, each carrying a 10-year sentence and most sure to get enhancements for how sensitive the stolen documents are, as well as seven obstruction-related charges, four of which carry 20-year sentences. The obstruction-related charges would group at sentencing (meaning they’d really carry 20 year sentence total), but Espionage Act charges often don’t and could draw consecutive sentences: meaning Trump could be facing a max sentence of 330 years. Walt Nauta is really facing 20 years max — though probably around three or four years.

New York Kitty, by Timothy Adam Matthews

New York Kitty, by Timothy Adam Matthews

Obviously, Trump won’t serve a 330 year sentence, not least because Trump is mortal, already 76, and has eaten far too many burgers in his life.

For his part, Nauta should look on the bright side! He has not, yet, been charged with 18 USC 793(g), conspiring with Trump to hoard all those classified documents, though the overt acts in count 32, the conspiracy to obstruct count, would certainly fulfill the elements of offense of a conspiracy to hoard classified documents. If Nauta were to be charged under 793(g), he too would be facing a veritable life sentence, all for helping his boss steal the nation’s secrets. And for Nauta, who is in his 40s and healthy enough to lug dozens of boxes around Trump’s beach resort, that life sentence would last a lot longer than it would for Trump.

And that’s something to help understand how this is tactical.

I first started thinking that might be true when I saw Jack Smith’s statement.

He emphasized:

  • A grand jury in Florida voted out the indictment
  • The gravity of the crimes
  • The talent and ethics of his prosecutors
  • That Trump and Walt Nauta are presumed innocent
  • He will seek a Speedy Trial
  • A Florida jury will hear this case
  • The dedication of FBI Agents

He packed a lot in fewer than three minutes, but the thing that surprised me was his promise for a Speedy Trial. He effectively said he wants to try this case, charging 31 counts of the Espionage Act, within 70 days.

That means the trial would start around August 20, and last — per one of the filings in the docket — 21 days, through mid-September. While all the other GOP candidates were on a debate stage, Trump would be in South Florida, watching as his closest aides described how he venally refused to give boxes and boxes of the nation’s secrets back.

There’s not a chance in hell that will happen, certainly not for Trump. Even if Trump already had at least three cleared attorneys with experience defending Espionage Act cases, that wouldn’t happen, because the CIPA process for this case, the fight over what classified evidence would be available and how it would be presented at trial, would last at least six months. And as of yesterday, he has just one lawyer on this case, Todd Blanche, who is also defending Trump in the New York State case.

There’s much more to read and think about at the link. Her main point seems to be that Smith wants to convince Walt Nauta to testify against Trump.

The New York Times’ Maggie Haberman: Who Is Walt Nauta, the Other Person Indicted Along With Trump?

Walt Nauta, the only other person indicted along with former President Donald J. Trump, has been serving as his personal aide after previously working for him in the White House.

A native of Guam, Mr. Nauta enlisted in the military at some point and was a military aide working as a White House valet while Mr. Trump was president.

The valets in the White House have unusual proximity to the commander in chief, encountering them at moments of vulnerability, including at meals and on foreign trips.

Mr. Trump and Mr. Nauta forged a bond during the Trump administration, and when the term ended, Mr. Nauta retired and went to go work for Mr. Trump personally.

New York Kitty, by Timothy Adam Matthews

A Closer Look, by Timothy Adam Matthews

He was one of the very few members of Mr. Trump’s post-presidential office when Mr. Trump first returned to private life at his club, Mar-a-Lago, in Palm Beach, Fla. There, Mr. Nauta resumed the kind of personal chores that he had helped Mr. Trump with while he was president.

Mr. Nauta has been seen as deeply loyal to Mr. Trump by other aides.

But he attracted the attention of the government for his appearance on security camera footage from the club, which was subpoenaed by prosecutors, moving boxes in and out of a basement storage room after a grand jury subpoena.

In interviews with government officials, according to the indictment, he gave false testimony about whether he had moved boxes to Mr. Trump’s residence earlier in the year. In reality, according to the indictment, Mr. Nauta brought several boxes to Mr. Trump’s residence from the storage room at a time when National Archives officials were seeking the return of presidential material, but he told investigators he didn’t.

Read the rest at the NYT.

As I’m sure you know, Republicans in the House are vociferously defending Trump. For example:

Insider: Trump’s defenders have launched a plan months in the making that ignores the substance of the indictment while attacking the credibility of federal prosecutors.

Former President Donald Trump’s indictment on charges of mishandling classified documents is set to play out in a federal court in Florida. But hundreds of miles away, part of Trump’s defense is well underway in a different venue — the halls of Congress, where Republicans have been preparing for months to wage an aggressive counter-offensive against the Justice Department.

The federal indictment against Trump, unsealed Friday, includes 37 counts, including allegations that the former president intentionally possessed classified documents, showed them off to visitors, willfully defied Justice Department demands to return them and made false statements to federal authorities about them. The evidence details Trump’s own words and actions as recounted by lawyers, close aides and other witnesses.

The Republican campaign to discredit federal prosecutors skims over the substance of those charges, which were brought by a grand jury in Florida. GOP lawmakers are instead working, as they have for several years, to foster a broader argument that law enforcement — and President Joe Biden — are conspiring against the former president and possible Republican nominee for president in 2024.

“Today is indeed a dark day for the United States of America,” tweeted House Speaker Kevin McCarthy, soon after Trump said on his social media platform Thursday night that an indictment was coming. McCarthy blamed Biden, who has declined to comment on the case and said he is not at all involved in the Justice Department’s decisions.

Republicans “will hold this brazen weaponization of power accountable.”

Republican lawmakers in the House have already laid extensive groundwork for the effort to defend Trump since taking the majority in January. A near constant string of hearings featuring former FBI agents, Twitter executives and federal officials have sought to paint the narrative of a corrupt government using its powers against Trump and the right. A GOP-led House subcommittee on the “weaponization” of government is probing the Justice Department and other government agencies, while at the same time Republicans are investigating Biden’s son Hunter Biden.

“It’s a sad day for America,” Senate Judiciary Committee Chairman Jim Jordan of Ohio, a leading Trump defender and ally in the House, said in a statement on Thursday evening. “God bless President Trump.”

And of course, the MAGA crazies are calling for civil war.

Tim Dickenson at Rolling Stone: Trump Extremists Demand Civil War, Mass Murder After New Indictment.

EXTREME SUPPORTERS OF Donald Trump have met news of his federal indictment with visions of violence and retribution.

At The Donald, a forum for ultra-MAGA Trump supporters, users demanded public executions and other forms of lynching to avenge the federal prosecution of Trump, for the alleged mishandling of state secrets at Mar a Lago after he was no longer president. 

11-Timothy-Adam-Matthews

By Timothy Adam Matthews

The calls for violence appeared in comment threads, responding to posts on the front page of the forum Thursday night, after news broke of Trump’s latest legal troubles. The most extreme comments were written in response to a fanciful post insisting “the only solution” to DOJ’s efforts to lock up Trump would be to vote him back into the presidency, so Trump could “pardon himself and begin arresting those guilty of insurrection and sedition.”

A user named “Belac186” offered a far deadlier fix: “The only way this country ever becomes anything like the Constitution says this country should be is if thousands of traitorous rats are publicly executed.” Commenter “DogFaceKilla” quickly chimed in to offer supplies: “I got some rope somewhere in the garage…” And “Heavy_Metal_Patriot” added: “Hans says we can borrow the flammenwerfer” — a reference to a battlefield flame thrower used to by German soldiers in World War II.

The proposal for mass killing struck user “BlackPilledMAGA” as going too far: “Doesn’t have to be thousands, just a few dozen would do. Shit would STOP immediately.” But user “Nerdrem1” insisted taking out a few elites wouldn’t make the difference, suggesting the number of dead required was on a genocidal scale: “Millions. The real problem is the people that vote for them, as long as they exist the problem can’t be solved.” A user named “Heavy_Metal_Patriot” concurred: “Correct.”

It might be tempting to dismiss these calls for mass murder as loose talk among angry MAGAdonians. Yet there is dark history here. In a previous iteration, The Donald was used to help plot and promote the violence at the Capitol in 2021, as detailed in the final report of the House Jan. 6 Committee, including by users who “openly discussed surrounding and occupying the U.S. Capitol.”

More insanity at the link.

Daniel Gilbert at Vice: ‘We Need to Start Killing’: Trump’s Far-Right Supporters Are Threatening Civil War.

In what is becoming a now all-too-familiar trend, former President Donald Trump’s far-right supporters have threatened civil war after news broke Thursday that the former president was indicted for allegedly taking classified documents from the White House without permission.

“We need to start killing these traitorous fuckstains,” wrote one Trump supporter on The Donald, a rabidly pro-Trump message board that played a key role in planning the January 6 attack on the Capitol. Another user added: “It’s not gonna stop until bodies start stacking up. We are not civilly represented anymore and they’ll come for us next. Some of us, they already have.” [….]

Trump supporters are making specific threats too. In one post on The Donald titled, “A little bit about Merrick Garland, his wife, his daughters,” a user shared a link to an article about the attorney general’s children.

Under the post, another user replied: “His children are fair game as far as I’m concerned.”

In a post about the special counsel conducting the probe, one user on The Donald wrote: “Jack Smith should be arrested the minute he steps foot in the red state of Florida.”

In addition to threats of violence against lawmakers and politicians, many were also calling for a civil war.

“Perhaps it’s time for that Civil War that the damn DemoKKKrats have been trying to start for years now,” a member of The Donald wrote. Another, referencing former President Barack Obama and former secretary of State Hillary Clinton, said: “FACT: OUR FOREFATHERS WOULD HAVE HUNG THESE TWO FOR TREASON…”

More crazy at the link.

That’s just a sampling of what’s out there in the media today. What do you think? What stories have caught your attention?