Lazy Caturday Reads

Happy Caturday!!

Since it’s Caturday, I decided to share this funny video I found on Twitter before I get started with today’s news. It shows how intelligent cats really are.

Cats prove that there are good things in this world, even though the news people make can be so depressing.

Here’s what’s happening today.

There’s been a terrible train crash in India. The New York Times reports: More Than 260 Dead and 900 Injured in Train Crash in India.

More than 260 people were killed and hundreds more injured when a passenger train derailed and struck two other trains in eastern India on Friday, officials said, a rail disaster whose toll was exceptionally large even by the standards of a nation with a long history of deadly crashes.

The crash, in the state of Odisha, shocked India, now the world’s most populous country, and renewed longstanding questions about safety problems in a system that transports more than eight billion passengers a year. The country has invested heavily in the system in recent years, but that has not been enough to overcome decades of neglect.

The crash killed 261 people, according to Indian railway officials. Odisha’s chief secretary, Pradeep Jena, said that an additional 900 had been injured. Officials said they expected the toll to rise.

As daylight broke, teams of rescue workers with dogs and cutting equipment were laboring to free injured people trapped in the wreckage of twisted train carriages. Officials said that 115 ambulances had been mobilized and that all nearby hospitals were on standby.

The government in the state, home to about 45 million people, declared a day of mourning after India’s worst rail disaster in two decades. Dozens of trains were canceled. Teams from the Army, Air Force and National Disaster Response Force were mobilized to help. And people near the site of the crash were lining up to donate blood.

Of course the death toll is rising. The Washington Post: India train crash toll passes 280; rescue operation ends.

About 1,000 people were injured in the collision Friday night in the state of Odisha, the government said in a preliminary incident report obtained by The Washington Post. Rescue operations were “completed” Saturday afternoon local time, India’s Railways Ministry said on Twitter, adding that “restoration work” was underway.

Pagan Cats, by Cécile Berrubé

Pagan Cats, by Cécile Berrubé

The crash involved high-speed trains that collided “head-on,” Odisha’s director of fire and emergency services, Sudhanshu Sarangi, said, calling it “a major, major tragedy.”

“Psychologically, we were not prepared to see so many dead bodies,” said Sarangi, who was supervising the rescue operation. More than 300 rescue workers were involved in the search, “but then as our evening progressed … we were not really hopeful of finding survivors,” he said.

The disaster unfolded around 7 p.m. local time Friday, when the Coromandel Express, which was ferrying passengers from Howrah to Chennai on India’s eastern coast, derailed and hit a freight train near the Bahanaga Bazar station in Balasore, a district in Odisha. Soon after the initial crash, the Superfast Express running from Bangalore to Howrah with roughly 1,000 passengers crashed into the other two trains, according to Aditya Kumar Chaudhary, a spokesman for the South Eastern Railway zone.

By Saturday evening local time, the death toll had reached 288, Chaudhary said, adding that 17 passenger compartments had derailed and were severely damaged.

Photographs and video from the wreckage site showed overturned train cars. Witnesses said people converged at the scene and tried to pull survivors from the mounds of mangled steel as emergency alarms sounded and the injured cried out for help.

A medical officer at Balasore District Hospital said Saturday afternoon that 1,053 people had been brought to the facility, 183 of them already dead. Fifty-five died at the hospital, he said.

“I have never seen something like this in my life. This is the first time we have received so many patients,” D. Jagatdeo said by phone from his office, where he had been stationed since the previous night.

Martin Coppens

By Martine Coppens

Chris Licht has been demoted at CNN. He’s the moron who decided to give a platform to Donald Trump at a so-called “town hall” with an audience of MAGA fanatics. It was a disaster. CNN got great ratings for the “town hall,” but after that the MAGA folks went back to Fox News, and normal people turned off CNN.

There’s a very long article at The Atlantic by Tim Alberta about this: Inside the Meltdown at CNN: CEO Chris Licht felt he was on a mission to restore the network’s reputation for serious journalism. How did it all go wrong?

I stopped reading after awhile, because I felt I didn’t need to know all the details. You can read it at the Atlantic, or you can just read this summary of the situation at Mediaite: CNN’s Licht Faces Wave of Tough Reporting in Wake of Executive Shakeup.

A series of tough headlines are hitting CNN CEO Chris Licht. First, Mediaite reported Thursday on the appointment of a new executive to take over business operations at CNN in a move seen as a rescue operation for the network leader. Then, The Atlantic dropped a tough cover story on the network chief, and Dylan Byers of Puck News reported Licht faces serious headwinds.

Byers, who used to work for CNN, said in the Puck newsletter on Friday that confidence in Licht has “wavered considerably” following the appointing of David Leavy – chief corporate affairs officer at Warner Bros. Discovery – to now handle the business side.

The revelation of Leavy’s appointment as COO was first reported by Mediaite’s Colby Hall, who followed up with a piece spelling out what this means for Licht and CNN.

“There’s no way they would put David Leavy down into CNN to work for Chris Licht,” one industry insider told Mediaite. “He’s too important to Zaslav to take what on paper sounds like a demotion. It sure sounds like he’s taking one for the team.”

The Puck reporting came hours after The Atlantic also published a lengthy and not exactly flattering profile of Licht’s tenure at CNN, which has seen precipitous ratings declines since Licht replaced former chief Jeff Zucker.

I hope CNN will get back on track, but they’ve lost a lot of viewers. The simple truth is that CNN is never going to be able to compete with Fox News for the Republican audience.

Cats Dancing, Headstand

Cats Dancing, Headstand, by Louis Wain

Daknikat sent me this creepy story from The Guardian: Amazon and Google fund anti-abortion lawmakers through complex shell game.

As North Carolina’s 12-week abortion ban is due to come into effect on 1 July, an analysis from the non-profit Center for Political Accountability (CPA) shows several major corporations donated large sums to a Republican political organization which in turn funded groups working to elect anti-abortion state legislators.

The Republican State Leadership Committee (RSLC) received donations of tens of thousands of dollars each from corporations including Comcast, Intuit, Wells Fargo, Amazon, Bank of America and Google last year, the CPA’s analysis of IRS filings shows. The contributions were made in the months after Politico published a leaked supreme court decision indicating that the court would end the right to nationwide abortion access.

Google contributed $45,000 to the RSLC after the leak of the draft decision, according to the CPA’s review of the tax filings. Others contributed even more in the months after the leak, including Amazon ($50,000), Intuit ($100,000) and Comcast ($147,000).

Google, Amazon, Comcast, Wells Fargo and Bank of America did not respond to requests for comment. An Intuit spokesperson pointed out that the company also donates to Democratic political organizations, and that “our financial support does not indicate a full endorsement of every position taken by an individual policymaker or organization.

That is sickening. I guess this all goes back to the SCOTUS’ Citizens United decision.

Martine Coppens

By Martine Coppens

Here’s an interesting development in the book banning craze. Now they are banning the Bible in Utah. Associated Press: Utah district bans Bible in elementary and middle schools ‘due to vulgarity or violence.’

The Good Book is being treated like a bad book in Utah after a parent frustrated by efforts to ban materials from schools convinced a suburban district that some Bible verses were too vulgar or violent for younger children.

And the Book of Mormon could be next.

The 72,000-student Davis School District north of Salt Lake City removed the Bible from its elementary and middle schools while keeping it in high schools after a committee reviewed the scripture in response to a parental complaint. The district has removed other titles, including Sherman Alexie’s “The Absolutely True Diary of a Part-Time Indian” and John Green’s “Looking for Alaska,” following a 2022 state law requiring districts to include parents in decisions over what constitutes “sensitive material.”

On Friday, a complaint was submitted about the signature scripture of the predominant faith in Utah, The Church of Jesus Christ of Latter-day Saints, widely known as the Mormon church. District spokesperson Chris Williams confirmed that someone filed a review request for the Book of Mormon but would not say what reasons were listed. Citing a school board privacy policy, he also would not say whether it was from the same person who complained about the Bible….

Williams said the district doesn’t differentiate between requests to review books and doesn’t consider whether complaints may be submitted as satire. The reviews are handled by a committee made up of teachers, parents and administrators in the largely conservative community.

The committee published its decision about the Bible in an online database of review requests and did not elaborate on its reasoning or which passages it found overly violent or vulgar.

The decision comes as conservative parent activists, including state-based chapters of the group Parents United, descend on school boards and statehouses throughout the United States, sowing alarm about how sex and violence are talked about in schools.

Cat dance

Cat Dance, artist unknown

Finally, The New York Times has a new story on the Trump stolen documents investigation: Trump Lawyer’s Notes Could Be a Key in the Classified Documents Inquiry.

Turning on his iPhone one day last year, the lawyer M. Evan Corcoran recorded his reflections about a high-profile new job: representing former President Donald J. Trump inst an investigation into his handling of classified documents.

In complete sentences and a narrative tone that sounded as if it had been ripped from a novel, Mr. Corcoran recounted in detail a nearly monthlong period of the documents investigation, according to two people familiar with the matter.

Mr. Corcoran’s narration of his recollections covered his initial meeting with Mr. Trump in May last year to discuss a subpoena from the Justice Department seeking the return of all classified materials in the former president’s possession, the people said.

It also encompassed a search that Mr. Corcoran undertook last June in response to the subpoena for any relevant records being kept at Mar-a-Lago, Mr. Trump’s private club and residence in Florida. He carried out the search in preparation for a visit by prosecutors, who were on their way to enforce the subpoena and collect any sensitive material found remaining there.

Government investigators almost never obtain a clear lens into a lawyer’s private dealings with their clients, let alone with such a prominent one as Mr. Trump. A recording like the voice memo Mr. Corcoran made last year — during a long drive to a family event, according to two people briefed on the recording — is typically shielded by attorney-client or work-product privilege.

But in March, a federal judge ordered Mr. Corcoran’s recorded recollections — now transcribed onto dozens of pages — to be given to the office of the special counsel Jack Smith, who is leading the documents investigation.

The decision by the judge, Beryl A. Howell, pierced the privilege that would have normally protected Mr. Corcoran’s musings about his interactions with Mr. Trump. Those protections were set aside under what is known as the crime-fraud exception, a provision that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or legal services were used in furthering a crime.

Read more details at the link.

That’s it for me today. I hope you have a peaceful Caturday.


Lazy Caturday Reads

SLEEPING CAT (2021), by Guzel Min

Sleeping Cat, by Guzel Min, 2021

Happy Caturday!!

The folks in DC are still arguing about whether the U.S. government should pay its bills or not. Republicans think it’s much more important to make poor, disabled, and elderly Americans, as well as federal employees–including the military–suffer than to simply write those checks and then sit down and work on the next budget. If Congress doesn’t get its act together, millions of people in those categories will be unable to pay their rent and bills and buy food. I suppose this will go down to the wire and then be worked out, but I think the whole mess is getting dangerous.

Here’s what’s happening as of this morning.

NBC News: The U.S. now has until June 5 to act on the debt ceiling, Yellen says.

The United States has a few more days than expected before it runs out of money, Treasury Secretary Janet Yellen said in a letter Friday afternoon.

The new deadline to act or risk breaching the debt ceiling is June 5, Yellen said, setting a hard deadline for the first time. She had previously been less specific, saying the breach could occur “potentially as early as June 1.”

The Treasury Department hit the statutory borrowing limit in January and has since been using “extraordinary measures” to pay the country’s bills.

“Based on the most recent available data, we now estimate that Treasury will have insufficient resources to satisfy the government’s obligations if Congress has not raised or suspended the debt limit by June 5,” Yellen wrote to congressional leaders.

This is just about paying the bills that we’ve already run up, but Republicans want hold the funds hostage so they can punish people who need help from the government.

The two parties have been sorting through their differences on spending levels. But a major hangup is the Republican demand to impose tougher work requirements for Americans to receive federal benefits like SNAP, the Supplemental Nutrition Assistance Program, two sources familiar with the talks said.

Rep. Garret Graves of Louisiana, who is leading negotiations for House Republicans, said it’s “totally appropriate” for an older group of able-bodied Americans without dependents to be subject to work requirements in order to get federal aid….

Democrats say work requirements already exist for federal programs and argue that stricter policies would create more red tape and throw eligible Americans who don’t complete the paperwork correctly off the rolls, and that work requirements have little impact on unemployment.

Quint Buchholz

Painting by Quint Bucholz

Republicans know they’d never win this argument without holding the full faith and credit of our country hostage, so that is what they are doing. If only Democrats had listened to Yellen when they still held a majority in both houses for a brief time after the midterms, this wouldn’t be happening now.

The New York Times: Yellen’s Debt Limit Warnings Went Unheeded, Leaving Her to Face Fallout.

In the days after November’s midterm elections, Treasury Secretary Janet L. Yellen was feeling upbeat about the fact that Democrats had performed better than expected and maintained control of the Senate.

But as she traveled to the Group of 20 leaders summit in Indonesia that month, she said Republicans taking control of the House posed a new threat to the U.S. economy.

“I always worry about the debt ceiling,” Ms. Yellen told The New York Times in an interview on her flight from New Delhi to Bali, Indonesia, in which she urged Democrats to use their remaining time in control of Washington to lift the debt limit beyond the 2024 elections. “Any way that Congress can find to get it done, I’m all for.”

Democrats did not heed Ms. Yellen’s advice. Instead, the United States has spent most of this year inching toward the brink of default as Republicans refused to raise or suspend the nation’s $31.4 trillion borrowing limit without capping spending and rolling back parts of President Biden’s agenda.

So what will Yellen do in the worst case scenario?

Ms. Yellen has held her contingency plans close to the vest but signaled this week that she had been thinking about how to prepare for the worst. Speaking at a WSJ CEO Council event, the Treasury secretary laid out the difficult decisions she would face if the Treasury was forced to choose which bills to prioritize.

Most market watchers expect that the Treasury Department would opt to make interest and principal payments to bondholders before paying other bills, yet Ms. Yellen would say only that she would face “very tough choices.”

White House officials have refused to say if any contingency planning is underway. Early this year, Biden administration officials said they were not planning for how to prioritize payments. As the U.S. edges closer to default, the Treasury Department declined to say whether that has changed.

Yet former Treasury and Federal Reserve officials said it was nearly certain that emergency plans were being devised.

Read more at the NYT.

Cat in window outside

Cat on a windowsill, artist unknown

My eyes bugged out when I read this one at Axios: Scoop: Sinema enters debt ceiling negotiations. Just what we don’t need.

Sen. Kyrsten Sinema (I-Ariz.) has inserted herself into the debt ceiling negotiations, working with both sides to try to bridge differences on permitting reform, according to people familiar with the matter.

Why it matters: Her late entrance is a sign that negotiators are willing to explore new avenues to resolve thorny issues before June 5, the new deadline from Treasury Secretary Janet Yellen for when the U.S. government will run out of money.

 — Permitting reform — a catch-all category that includes both Republican and Democratic plans to improve energy production and transmission — is emerging as a tough-to-resolve disagreement between the White House and congressional negotiators.

 — Republicans want to change the National Environmental Policy Act (NEPA) with the goal of cutting red tape for oil and gas companies when they develop new projects. Democrats want to make it easier for solar and wind farms to access transmission lines.

Negotiators also are at an impasse on a demand from House Speaker Kevin McCarthy (R-Calif.) to add new work requirements to welfare benefits, according to Biden administration officials.

 — But the two sides are making progress on overall spending levels, with the goal of capping spending for two years at lower levels. In exchange, the debt ceiling would be raised past the 2024 elections.

Ugh!

Here’s a bit of dark humor on the debt ceiling crisis by Dana Millbank at The Washington Post: Save the world economy or his own job? McCarthy can’t decide.

After a debt limit negotiating session at the White House this week, House Speaker Kevin McCarthy returned to the Capitol and offered reporters an update.

“Let me be very clear,” he said. “From the first day I sat with the president, there’s two criterias I told him,” McCarthy said, raising two fingers. “We’re not going to raise taxes because we bring in more money than we ever have. And we’re not going to pass a clean debt ceiling. And we’ve got to spend less than we spent this year.”

Let me be very clear, Mr. Speaker. Those are three, er, “criterias.”

Filippo Corelli_-_Cat_in_a_Doorway, early 20th century

Filippo Corelli, Cat in a Doorway, early 20th century

This might be the most worrying aspect of the default standoff: The full faith and credit of the United States hangs in the balance, and the man sitting across the negotiating table from the president seems to be genuinely off-kilter.

Whipsawed by public pressure from the far-right House Freedom Caucus and from former president Donald Trump, McCarthy has at one moment praised the “honesty” and “professionalism” of White House negotiators and the next moment attacked the other side as “socialist.” He gives daily (sometimes hourly) updates packed with fake statistics, nonsense anecdotes and malapropisms. His negotiators have walked out of talks only to resume them hours later. This week, at a meeting of the House Republican Conference during the height of negotiations, he decided it was the right moment to auction off a stick of his used lip balm as a fundraiser for House Republicans’ political campaigns. (Rep. Marjorie Taylor “Jewish Space Lasers” Greene won the bidding at $100,000.)

The speaker’s erraticism has an obvious origin. As usual, he isn’t leading. He’s being buffeted by crosscurrents. If he bends too much in talks, he’ll lose his GOP hardliners and could therefore lose his job. If he pleases the hardliners, he keeps his job but throws the country and perhaps the world into economic calamity. His job security or the world economy? McCarthy just can’t decide.

Read the rest at the WaPo.

Moving on to other topics….

CBS has a tidbit about the criminal case against Trump in Manhattan: Prosecutors in Trump’s criminal case say they have recording of Trump and a witness.

Prosecutors in former President Donald Trump’s Manhattan criminal case have released to his attorneys a recording of Trump and a witness, whose identity was not disclosed, according to a document the office made public Friday.

The document, called an automatic discovery form, describes the nature of the charges against a defendant and a broad overview of the evidence that prosecutors will present at Trump’s preliminary hearing or at trial. Trump’s attorneys and media organizations, including CBS News, had repeatedly requested that such a form be made public in the weeks since Trump’s arrest on April 4….

The document lists the dates of 34 instances between Feb. 14, 2017 and Dec. 5, 2017 when he allegedly falsified records.

In a section devoted to electronic evidence that will be turned over, a prosecutor for Manhattan District Attorney Alvin Bragg’s office indicated they have disclosed to the defense a “recording of a conversation between defendant and a witness.”

The section also indicates prosecutors intend to disclose recordings of calls between witnesses and others.

That could be interesting.

Three Cats, by Ann Hewson

Three Cats, by Ann Hewson

“National experts” are responding to the treatment of Indiana doctor Caitlin Bernard who treated a 10-year-old Ohio girl who had been impregnated through rape. Indy Star: ‘Chilling effect’: National experts decry decision against abortion doctor Caitlin Bernard.

Dressed in white coats, Drs. Tracey Wilkinson and Caroline Rouse were among the first to arrive at Caitlin Bernard’s Thursday hearing in front of the Indiana medical licensing board. When the hearing ended nearly 15 hours later, they were among the last to leave.

Six months after Indiana’s Republican attorney general filed a complaint against the Indianapolis obstetrician-gynecologist, the board voted to reprimand and fine Bernard on Thursday, finding that she violated privacy laws in giving a reporter information about a 10-year-old rape victim.

But representatives of the medical community nationwide – from individual doctors to the American Medical Association to an author of HIPAA – don’t think Bernard did anything wrong. Further, they say, the decision will have a chilling effect on those involved with patient care.

“This sends a message to all doctors everywhere that political persecution can be happening to you next for providing health care to your patients,” Wilkinson said.

“It’s terrible,” Rouse said. They’d just spent hours “listening to our friend and our colleague be put on trial for taking care of her patient and providing evidence-based health care, and that is incredibly demoralizing as a physician.”

Guess what? Republicans don’t care.

Ron DeSantis has been announcing some of the things he would do if he were elected president in 2024.

The Hill: DeSantis says he’ll consider pardoning Jan. 6 defendants, including Trump.

Florida Gov. Ron DeSantis (R) said Thursday that if elected president, he will consider pardoning all the Jan. 6 defendants — including former President Trump — on his first day in office.

“On day one, I will have folks that will get together and look at all these cases, who people are victims of weaponization or political targeting, and we will be aggressive in issuing pardons,” DeSantis said on “The Clay Travis & Buck Sexton Show” podcast when asked about whether he will consider pardoning Jan. 6 defendants, including Trump, who is currently facing a federal investigation over his role on Jan. 6.

Nineteenth Century cat in doorway, Boston School, artist unknown

Nineteenth Century cat in doorway, Boston School, artist unknown

“I would say any example of disfavored treatment based on politics, or weaponization would be included in that review, no matter how small or how big,” he added.

DeSantis also accused the Justice Department and the FBI of weaponizing its authority by pursuing ongoing investigations into the Jan. 6 attack on the Capitol. The Justice Department said earlier this month that 1,033 arrests have been made in connection to the Capitol attacks and about 485 people have been sentenced due to criminal activity conducted that day.

DeSantis also claimed that the FBI is targeting anti-abortion groups, as well as parents who want to attend school board meetings. He said that if elected, his administration would determine on a “case-by-case” basis if the government was weaponized against certain groups.

“We’re going to find examples where the government’s been weaponized against disfavored groups, and we will apply relief as appropriate, but it will be done on a case-by-case basis,” he said.

Also from The Hill: DeSantis says he would push to repeal Trump criminal justice reform if elected.

Florida Gov. Ron DeSantis (R) said Friday that if elected president, he would call on Congress to repeal the criminal justice reform bill signed into law by then-President Trump, his latest attack on Trump from the right.

DeSantis, appearing on “The Ben Shapiro Show,” criticized the First Step Act, a bipartisan bill passed in 2018 that reduced mandatory minimum sentences, expanded credits for well-behaved prisoners looking for shorter sentences and aimed to reduce recidivism.

The Florida governor, who officially entered the 2024 White House race on Wednesday, called the legislation “basically a jailbreak bill.”

“So one of the things I would want to do as president is go to Congress and seek the repeal of the First Step Act,” he said. “If you are in jail, you should serve your time. And the idea that they’re releasing people who have not been rehabilitated early, so that they can prey on people in our society is a huge, huge mistake.”

DeSantis voted for the initial House version of the bill while serving as a congressman in 2018, something Trump’s team has highlighted.

If you didn’t already know that DeSantis is corrupt, there’s this from the Sarasota Herald-Tribune: GOP officials: Top aides in governor’s office asked lawmakers to endorse DeSantis.

Top aides to Gov. Ron DeSantis were involved in rounding up endorsements for his presidential campaign from members of the Florida Legislature during a time when lawmaker’s bills and budget priorities were at the mercy of the governor’s office, according to three GOP sources with knowledge of the conversations.

A Republican lawmaker says DeSantis’ top budget official called earlier this month to discuss the lawmaker endorsing DeSantis’ presidential campaign.

The lawmaker and a GOP consultant who was told about the endorsement conversation with DeSantis’ budget chief Chris Spencer immediately after it happened said the call was inappropriate and raised ethical questions.

Blinking in the Sun, by Ralph Hedley, 1881

Blinking in the Sun, by Ralph Hedley, 1881

Having state employees in the governor’s office, instead of staff on the governor’s political team, asking for endorsements raises concerns about whether the governor’s staff was improperly leveraging state resources to help his campaign.

That includes using taxpayer-funded employees for political purposes, which is allowed if it’s not during work hours but still inappropriate in this circumstance in the mind of the lawmaker contacted by Spencer. It also relates to what some saw as an implied threat that lawmakers’ bills and state budget items could be vetoed if they didn’t back DeSantis.

The lawmaker who spoke to Spencer said budget priorities didn’t come up during the call, but the fact that DeSantis’ budget director was calling about an endorsement implicitly tied the budget items to the political ask….

Another top DeSantis aide — legislative affairs director Stephanie Kopelousos — did discuss budget items during calls with multiple lawmakers that included Kopelousos asking them to endorse DeSantis, according to the GOP lawmaker who spoke with Spencer.

That lawmaker later spoke with at least five legislators who were asked by Kopelousos to endorse DeSantis. Another prominent GOP leader in Florida said he spoke to a lawmaker who relayed that he repeatedly was contacted by Kopelousos about endorsing DeSantis.

This guy should never get anywhere near the presidency.

That’s it for me today. What stories have captured your interest lately?


Lazy Caturday Reads

The Cat by an open Window (Aix-en-Provence) Charles Camoin

The Cat by an open Window (Aix-en-Provence) Charles Camoin

Happy Caturday!!

It is just me, or is the political news getting so complex and frightening as to be overwhelming? I’ve been looking around the internet for stories to post today, and it seems to me there is way too much going wrong. Is it my own anxiety and depression interfering with my judgment? Or is the country really on the brink of disaster? I hope it’s just me.

Let’s see, there is the most immediate crisis: the debt ceiling impasse. Then there’s frightening long-term threat of Donald Trump and his followers. There’s the building threat of Ron DeSantis. And there are more frightening issues: the Supreme Court and the effects of their recent decisions on women–abortion bans in many states, and the possibility of limits on birth control. There’s also Russia’s war on Ukraine–which I’ve pretty much given up on following–and the danger to our country posed by Republicans who support Russia in that conflict. And of course, for the longer-term, there are the threats to the environment and to humans from climate change. Have our lives always been this complicated?

I’m going to start by recommending a very long essay by Michael Tomasky at The New Republic: Donald Trump Against America. The subhead is, “He loves an America of his twisted imagination. He hates—and fears—the America that actually exists. And if he gets back to the White House … look out.” I haven’t actually finished reading this article–it’s practically book-length, but I’ve read quite a bit and plan to go back and finish it. It’s a look at the modern history of U.S. politics and an analysis of the current negativity of the Republican party as opposed to what Americans actually believe and want today. Republicans are completely out of step with modern American attitudes, and yet they have outsize power to affect our reality because of their control of the Supreme Court, Congress, and state governments.

Now for the most immediate issue–the debt ceiling fight.

Talking Points Memo: Growing List Of Dems Urge Biden To Cite 14th Amendment To Sidestep McCarthy’s Debt-Ceiling Hostage Crisis.

A growing group of Senate Democrats is urging President Joe Biden to seriously consider invoking the 14th Amendment to declare the debt ceiling unconstitutional, a strategy that — if upheld by the courts — could avert a looming default without any concessions to House Republicans, who have used their slim majority to take the debt ceiling hostage.

Sens. Tina Smith (D-MN), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Ed Markey (D-MA) and Bernie Sanders (I-VT) have been circulating a letter amongst their colleagues this week to collect support for Biden to invoke the 14th Amendment and lift the debt ceiling without any help from House Republicans.

Suellen Ross

By Suellen Ross

“We write to urgently request that you prepare to exercise your authority under the 14th Amendment of the Constitution, which clearly states: ‘the validity of the public debt of the United States … shall not be questioned,’” the draft letter reads. “Using this authority would allow the United States to continue to pay its bills on-time, without delay, preventing a global economic catastrophe.”

As the so-called “x-date” — when House Republicans may push the country to default on its debts — draws closer, legal scholars have pointed out that the 14th Amendment seemingly declares the debt ceiling unconstitutional. It’s an argument that also gained traction during the Obama-era debt-ceiling standoffs, though that Democratic administration ultimately chose not to embrace it.

Now, some Democrats are saying the Biden White House should give it a hard look, arguing that the Civil War-era amendment requires the administration to continue to pay the U.S.’s bills regardless of the early 20th century debt ceiling statute, and Republicans’ 21st century attempts to take it hostage. A list of demands passed by the Republican-controlled House last month includes spending cuts to some of Democrats’ most prized priorities.

At Politico, Adam Cancryn claims that’s not likely: Biden’s 14th Amendment message to progressives: It ain’t gonna happen.

Progressive lawmakers renewed their call for President Joe Biden to bypass Congress to avert a default after the abrupt cancellation of debt ceiling talks on Friday.

But the White House remains resistant. It issued a subdued statement indicating it sees no reason to pull the plug on talks. And privately, its message has been even blunter.

Senior Biden officials have told progressive activists and lawmakers in recent days that they do not see the 14th Amendment — which says the “validity of the public debt” cannot be questioned — as a viable means of circumventing debt ceiling negotiations. They have argued that doing so would be risky and destabilizing, according to three people familiar with the discussions.

The White House has studied the issue for months, with some aides concluding that Biden would likely have the authority to declare the debt limit unconstitutional as a last-ditch way to sidestep default. But Biden advisers have told progressives that they see it as a poor option overall, fearing such a move would trigger a pitched legal battle, undermine global faith in U.S. creditworthiness and damage the economy. Officials have warned that even the appearance of more seriously considering the 14th Amendment could blow up talks that are already quite delicate.

“They have not ruled it out,” said one adviser to the White House, granted anonymity to speak candidly about discussions. “But it is not currently part of the plan.”

Well, at least they haven’t completely ruled it out.

A Cat Basking in the Sun, Bruno Lijefors

A Cat Basking in the Sun, Bruno Lijefors

Sara Chaney Cambon at The Wall Street Journal: Debt-Ceiling Standoff Could Start a Recession, But Default Would Be Worse.

Prolonged debt-ceiling squabbling could push the U.S. economy into recession, while a government default on its obligations might touch off a severe financial crisis.

U.S. lawmakers are negotiating over raising the federal government’s borrowing limit and may have just days to act before the standoff reverberates through the economy.

Treasury Secretary Janet Yellen said that the government could become unable to pay bills on time by June 1. In that case, the Treasury Department could halt payments, such as to federal employees or veterans.

In a worst-case scenario, a failure to pay holders of U.S. government debt, a linchpin of the global financial system, could trigger severe recession and send stock prices plummeting and borrowing costs soaring.

Many economists don’t expect a default for the first time in U.S. history. But they outline three potential ways the standoff could affect the economy and financial system, ranging from not great to extremely scary.

Camon discusses the likely results of three scenarios:

1) Last minute deal

The economy is already slowing due to rising interest rates, with many forecasters expecting a recession this year. While lawmakers haggle, uncertainty could cause consumers, investors and businesses to retrench, increasing the chances of a recession, said Joel Prakken, chief U.S. economist at S&P Global Market Intelligence.

Workers aren’t likely to lose their jobs, but the unpredictability of the economic outlook could cause them to put off purchases.

Stock prices could start to decline as June 1 nears….“Even if we get an agreement before we run out of resources there still could be a legacy effect of the uncertainty that restrains economic growth,” Prakken said.

2) Deal after deadline

If negotiations extend beyond Thursday June 1, economists expect a more severe reaction from financial markets, as the possibility for default looks more real.

“The shock would tend to accelerate quite rapidly” on June 1, said Gregory Daco, chief economist at Ernst & Young.

If consumers’ retirement and investment accounts suddenly shrink, they could sharply curtail their spending, the lifeblood of the U.S. economy. Businesses could pause hiring and investment plans.

3) No deal

If no deal is reached and the government can’t pay all its bills for days or weeks, repercussions would be enormous.

“There would be chaos in the global financial system because Treasurys are so important,” said Wendy Edelberg, an economist at the Brookings Institution. “What happens when that thing that everybody is benchmarking themselves to proves to be one of the riskiest things out there?”

Ernst & Young’s Daco said a default would trigger a recession more severe than the 2007-09 downturn.

Read more details at the WSJ link. If you can’t get in with my link, try using the one at Memeorandum.

A couple more stories on the debt limit impasse:

Jason Linkins at The New Republic: The Beltway Media Is Spreading Debt Limit Misinformation. The political press bears a share of the blame for the fact we are once again on the precipice of default.

Carl Hulse at The Washington Post: Finger-Pointing Won’t Save Anyone if Default Leads to Economic Collapse.

Jacobus van Looy White Cat at an Open Window, 1895

Jacobus van Looy, White Cat at an Open Window, 1895

In other news, if Biden manages to win the debt ceiling war, will Republican missteps on the abortion issue help him win in 2024?

CNN: ‘Reap the whirlwind’: Biden and North Carolina Democrats see 2024 edge in GOP abortion ban.

North Carolina Republicans jumped out on a limb this week when they passed a controversial new abortion ban. Democrats are now rushing to saw it off.

The state GOP legislative supermajority’s decision to override Democratic Gov. Roy Cooper’s veto of the measure sharpened the stakes for next year’s elections – and gave Democrats new impetus to invest up and down the North Carolina ballot.

At the top of the ticket, President Joe Biden’s campaign is already drawing up plans to focus on the ban, which outlaws most abortions after 12 weeks, in its bid to win a state last captured by a Democratic presidential candidate in 2008. Former President Donald Trump’s victory there in 2020 was his narrowest of the election, and North Carolina is critical to any Republican’s path to the White House.

The shock waves from the brief but fierce abortion fight – 12 days that saw the bill pass, get vetoed by Cooper, then resurrected by Republican lawmakers – are also expected to reach into next year’s races for governor, state attorney general and both legislative chambers. With Cooper term-limited, the campaign to succeed him is expected to be the most competitive governor’s race of 2024, potentially pitting far-right GOP Lt. Gov. Mark Robinson against Democratic Attorney General and Cooper protégé Josh Stein.

The race to succeed Cooper, who has for years beat back the Republican agenda in North Carolina with his veto pen, will be especially heated if Robinson wins the Republican nomination. Democrats are already highlighting his absence from the legislature during the abortion votes – arguing that he is trying to distance himself from the ban. The Republican had tried to avoid publicly commenting on the issue in recent weeks – a reversal from his usual posture – though he told a conservative radio host the day after Republicans overrode Cooper’s veto that North Carolina continued to “move the ball” on abortion.

Read more at CNN.

People have been asking where Ron DeSantis got the money to pay for his round the world and cross country political tour, and The New York Times’ Alexandra Berzon and Rebecca Davis O’Brient got the goods: Air DeSantis: The Private Jets and Secret Donors Flying Him Around.

For Ron DeSantis, Sunday, Feb. 19, was the start of another busy week of not officially running for president.

That night, he left Tallahassee on a Florida hotelier’s private jet, heading to Newark before a meet-and-greet with police officers on Staten Island on Monday morning. Next, he boarded a twin-jet Bombardier to get to a speech in the Philadelphia suburbs, before flying to a Knights of Columbus hall outside Chicago, and then home to his day job as governor of Florida.

rapp-and-johan-1886-bruno-andreas-liljefors

Rapp and Johan, Bruno Liljefors, 1886

The tour and others like it were made possible by the convenience of private air travel — and by the largess of wealthy and in some cases secret donors footing the bill.

Ahead of an expected White House bid, Mr. DeSantis has relied heavily on his rich allies to ferry him around the country to test his message and raise his profile. Many of these donors are familiar boosters from Florida, some with business interests before the state, according to a New York Times review of Mr. DeSantis’s travel. Others have been shielded from the public by a new nonprofit, The Times found, in an arrangement that drew criticism from ethics experts.

Mr. DeSantis, who is expected to formally announce his candidacy next week, is hardly the first politician to take advantage of the speed and comfort of a Gulfstream jet. Candidates and officeholders in both parties have long accepted the benefits of a donor’s plane as worth the political risk of appearing indebted to special interests or out of touch with voters.

But ethics experts said the travel — and specifically the role of the nonprofit — shows how Mr. DeSantis’s prolonged candidate-in-limbo status has allowed him to work around rules intended to keep donors from wielding secret influence. As a declared federal candidate, he would face far stricter requirements for accepting and reporting such donations.

“Voters deserve this information because they have a right to know who is trying to influence their elected officials and whether their leaders are prioritizing public good over the interests of their big-money benefactors,” said Trevor Potter, the president of Campaign Legal Center and a Republican who led the Federal Election Commission. “Governor DeSantis, whether he intends to run for president or not, should be clearly and fully disclosing who is providing support to his political efforts.”

Read the rest at the NYT.

One more important story on one of our huge problems–the Supreme Court.

Ian Ward at Politico Magazine: The Supreme Court Is Hiding Important Decisions From You.

As the Supreme Court begins to release its written opinions from its most recent term, much of the public’s attention is focused on high-profile cases on affirmative actionelection law and environmental regulation. But according to Stephen Vladeck, a professor at the University of Texas Law School, this narrow focus on the most headline-grabbing decisions overlooks a more troubling change in the High Court’s behavior: The justices are conducting more and more of the court’s most important business out of the public eye, through a procedural mechanism known as “the shadow docket.”

Jamie Wyeth, Maine Coon CatQuantitatively speaking, cases arising from the shadow docket — which include everything apart from the court’s annual average of 60 to 70 signed decisions — have long made up a majority of the justices’ work. But as Vladeck documents in his new book, The Shadow Docket, published this week, the court’s use of the shadow docket changed dramatically during the Trump years, when the court’s conservative majority used a flurry of emergency orders — unsigned, unexplained and frequently released in the middle of the night — to greenlight some of the Trump administration’s most controversial policies.

“What’s remarkable is that the court repeatedly acquiesced and acquiesced [to the Trump administration], and almost always without any explanation,” Vladeck said when I spoke with him. “And they did it in ways that marked a pretty sharp break from how the court would have handled those applications in the past.”

It wasn’t just the frequency of the court’s shadow docket decisions that changed during the Trump years; it was also the scope of those decisions. Whereas the justices have traditionally used emergency orders as temporary measures to pause a case until they can rule on its merits, the current court has increasingly used emergency orders to alter the basic contours of election law, immigration policy, religious liberty protections and abortion rights — all without an extended explanation or legal justification. To illustrate this shift, Vladeck points to the court’s emergency order in September 2021 that allowed Texas’s six-week abortion ban to take effect — a move that effectively undermined Roe v. Wade nine months before the court officially overturned it in Dobbs v. Jackson Women’s Health Organization.

“It really highlights a problem that’s endemic to how we talk about the court, which is that we fixate on the formality of the court’s decision and explanations and downplay the practical effect of its rulings, whether or not they come with those explanations,” Vladeck explained.

Read the rest at Politico.

That’s it for me today. What stories are you following?


Lazy Caturday Reads: Cats Stealing Food and (Mostly) January 6 News

Still Life with Cat. Alexandre-Francois Desportes, 1705

Still Life with Cat. Alexandre-Francois Desportes, 1705

Happy Caturday!!

Because it’s Caturday, I’m going to begin with a story about cat shows by Jonathan B. Losos at The Literary Hub: Cuddly, Cute, Curious Cats: On the Beauty and Diversity of the Feline Species.

Mention a cat show and most people think of the Westminster Kennel Club Dog Show: smartly dressed trainers parading their beautifully coiffed and perfectly behaved charges around the ring; madcap agility trials in which speedy canines zip through challenging obstacle courses with nary a misstep. A feline equivalent is unthinkable.

And yet, cat shows do exist. I know, because I’ve attended many of them, both as a spectator and as a participant with Nelson. Cat shows are simpler than dog shows. There is no cat promenade and the competitors in the agility competitions (which are a relatively recent addition) generally lack the single-minded zeal of their canine counterparts.

Nevertheless, cat shows are still a spectacle. Imagine two hundred, or even eight hundred, yowling, purring, and snoozing cats packed into a show hall, showcasing the variety of the modern cat. The venues range from shabby high school gymnasia and bare-bones veterans’ halls to hotel banquet rooms and large show halls.

The rooms are filled with rows of long tables, jam-packed with colorful kitty condos; the competitors lounge inside their fabric walls, waiting to be called to the judging tables. Siamese cats yowl incessantly. Occasional shouts of “cat out” or “cat on the ground” lead to a few moments of excitement until the wayward puss is retrieved….

Still Life With a Cat by Sebastiano Lazzari, 1760

Still Life With a Cat by Sebastiano Lazzari, 1760

If you remember the zany characters in the dog-show mockumentary Best in Show, you’ll be disappointed to discover that the exhibitors are just ordinary folk with a passion for cats and a willingness to let their lives revolve around driving—or sometimes flying—to events weekend after weekend throughout much of the year. Like any group that gets together frequently to compete and socialize, there are deep friendships, intense rivalries, gossip, complaints about the judging, and all sorts of hijinks.

Fascinating as the people at cat shows are, let’s focus on the main event: the cats! The contestants on display are mostly refined and elegant; it’s hard to beat a Siamese for savoir faire or a Norwegian for reserved dignity. Some will charm you with their looks or manner; you’ll be surprised at the unexpected features of others. But above all, what these events display is the amazing variety of catdom. The long, sinuous fluidity of the Oriental, the regal majesty of a Maine Coon, the pantherine sleekness of an Abyssinian. Fluffball Himalayans. Pixie-faced Devon Rexes.

Cat shows reveal that Felis catus is not one cat, but many diverse brands of feline. And the cat cornucopia is growing rapidly. Breeders have capitalized on naturally occurring mutations to develop new breeds unlike anything previously imagined, including the curly-haired Devon Rex and the Ragdoll, named for its penchant for going limp when picked up. Some enthusiasts are looking in a different direction for new sources of variation, mating domestic cats with other feline species to produce the gorgeous spotted Bengal, the long-legged Savannah, and others.

It’s a fun article. Read the rest at the link if you’re so inclined. Losos is the author of the book The Cat’s Meow: How Cats Evolved from the Savanna to Your Sofa.

On to the news of the day . . .

The Wall Street Journal has an article with a tantalizing headline: In Trump Probe, Special Counsel Zooms In on Possible Criminal Charges. Prosecutors’ revisiting of earlier witness testimony points to effort to tie up loose ends.

Special counsel Jack Smith is racing through a roster of interviews in his wide-ranging investigations related to former President Donald Trump, including with former Vice President Mike Pence and other top aides, as he contemplates filing charges, according to people familiar with the matter.

Still Life With Cat And Fish by Jean Baptiste Siméon Chardin, 1728

Still Life With Cat And Fish by Jean Baptiste Siméon Chardin, 1728

The steps prosecutors are taking, the people say, suggest Mr. Smith is in the late stages of his inquiry into Mr. Trump’s efforts to remain in power after the 2020 election. The special counsel is also considering whether the former president tried to obstruct a separate probe into the handling of classified documents at his Mar-a-Lago resort by withholding material sought by the Justice Department.

The testimony by some witnesses, often a second or third session and sometimes brief, appears to point to efforts by Mr. Smith’s team to determine whether a crime was committed and decide whether to file charges in the coming months, people familiar with the questioning said….

Earlier this week, Dan Scavino, Mr. Trump’s former deputy chief of staff for communications, testified for eight hours before a Washington grand jury, according to a person familiar with the matter, weeks after a federal appeals court rejected Mr. Trump’s bid to block his testimony and that of other top aides.

Mr. Pence testified for several hours last week, with Mr. Smith in the room, a person familiar with the matter said, one day after an appeals court also dismissed Mr. Trump’s objections to that and paved the way for that high-level testimony. Mr. Smith’s presence at Mr. Pence’s testimony was earlier reported by CNN.

Prosecutors were interested in Mr. Pence’s interactions with Mr. Trump and the former president’s advisers in the days leading up to the Jan. 6 attack on the Capitol, the person said, adding that Mr. Pence largely reiterated the account he provided in his memoir. In the book, Mr. Pence said Mr. Trump had tried to pressure him to delay or block the certification of Joe Biden’s win, something he refused to do….

Mr. Smith has also pushed forward on his inquiry into the handling of classified documents at Mr. Trump’s Mar-a-Lago resort, calling back witnesses who had previously spoken to investigators, some of the people said. Those efforts resulted in a maid who had worked at the complex in Palm Beach having to fly in from abroad to testify, they said.

That’s interesting. I hadn’t heard anything about the Mar-a-Lago maid before. The article wasn’t behind a paywall when I clicked on the link at Memeorandum, but I’ve given you the gist.

Trump appears to be getting very anxious, according to Raw Story: ‘It is a dangerous time in America!!!’: Trump has overnight meltdown over Jack Smith investigations.

Donald Trump took to his Truth Social account in the wee hours of Saturday morning to lash out at special counsel Jack Smith as reports grow that he is closing in on witnesses at Mar-a-Lago over the stolen documents recovered by the FBI at Mar-a-Lago.

Still Life With a Cat And a Mackerel On a Table Top by Giovanni Rivalta, 18th century

Still Life With a Cat And a Mackerel On a Table Top by Giovanni Rivalta, 18th century

The former president had a bad week as the E. Jean Carroll rape and defamation trial was wrapping up, it was reported late Friday that 8 accused fake Trump electors in Georgia took immunity deals, and the DOJ investigations into both his activities around the Jan. 6 insurrection and the Mar-a-Lago inquiry are ramping up.

Special counsel Jack Smith took the brunt of the former president’s meltdown, with the Trump declaring him a “persecutor.”

The former president also ominously warned, “It is a dangerous time in America!!!”

He first wrote, “The Special ‘Prosecutor,’ Jack Smith, who is harassing, threatening, and terrorizing people who work for me, probably illegally, and totally at odds with the way Crooked Joe Biden is being treated, will no longer be known as the Special ‘Prosecutor,’ but rather, the Special ‘Persecutor.’ He is a Trump Hating SLIMEBALL who is going far beyond the original instructions of the Department of Injustice. The Witch Hunt continues, as it always will, with the Radical Left, Country Destroying, Lunatics!”

Moments later he added, “All of these Fake Prosecutions are merely being done to Interfere with, and Influence, our Elections. It is a dangerous time in America!!!”

More on those electors who have agreed to cooperate in the Georgia election interference case in Georgia from The Washington Post: At least eight Trump electors have accepted immunity in Georgia investigation.

At least eight of the 16 Georgia Republicans who convened in December 2020 to declare Donald Trump the winner of the presidential contest despite his loss in the state have accepted immunity deals from Atlanta-area prosecutors investigating alleged election interference, according to a lawyer for the electors.

Still Life by Abraham van Beijeren, 17th centuryProsecutors with the office of Fulton County District Attorney Fani T. Willis (D) told the eight that they will not be charged with crimes if they testify truthfully in her sprawling investigation into efforts by Trump, his campaign and his allies to overturn Joe Biden’s victory in Georgia, according to a brief filed Friday in Fulton County Superior Court by defense attorney Kimberly Bourroughs Debrow.

Willis has said that the meeting of Trump’s electors on Dec. 14, 2020, despite Republican Gov. Brian Kemp’s certification of Biden’s win, is a key target of her investigation, along with Trump’s phone calls to multiple state officials and his campaign’s potential involvement in an unauthorized breach of election equipment in rural Coffee County, Ga….

Among the questions both Willis and federal investigators have explored is whether the appointment of alternate electors and the creation of elector certificates broke the law. Another question is whether Trump campaign officials and allies initiated the strategy as part of a larger effort to overturn Biden’s overall victory during the counting of electoral votes on Jan. 6, 2021.

Read more details at the WaPo. And a bit more from Kyle Cheney at Politico:

It’s the latest indication of Willis’ advancing investigation, which she recently revealed could result in charges — possibly against Trump himself and a slew of high-profile allies — as soon as July.

Trump and his inner circle orchestrated a plan for GOP electors in seven states he lost to sign documents claiming to be legitimate presidential electors. Those false electors became a component in a desperate last-ditch bid by Trump to overturn the election on Jan. 6, 2021. Citing the certificates signed by the false electors, Trump and a cadre of fringe attorneys claimed there was a conflict that only Congress and then-Vice President Mike Pence could resolve on Jan. 6….

Not all of the false electors across the country were equally involved in Trump’s effort — and dozens have contended that they had no knowledge their signatures would be used as part of Trump’s Jan. 6 effort. Rather, they said they were advised that they were signing “contingent” certificates that would only be used if courts reversed Trump’s defeat. They argued that similar tactics were used in 1960, when Democrats signed contingent certificates amid a recount in Hawaii. (The recount ultimately reversed that state’s results and the contingent electors were counted.)

But some of the false electors were also state party chairs and key Trump allies who played larger roles in Trump’s bid to stay in power.

More at the link.

Insurrectionist Peter Schwartz has received the longest sentence so far in the January 6 investigation. ABC News: DOJ secures longest sentence yet for convicted Jan. 6 defendant.

Peter Schwartz, whom prosecutors termed “one of the most violent and aggressive participants” in the Jan. 6 riot, was sentenced to 14 years behind bars and 36 months of probation in a decision announced by Judge Amit Mehta on Friday. Earlier, federal prosecutors argued he should be sentenced to 24.5 years (or 294 months) in prison, three years of supervised release, $2,000 restitution and a fine of $71,541.

Still Life With Fish And a Cat by Alexander Adriaenssen, 1631

Still Life With Fish And a Cat by Alexander Adriaenssen, 1631

“This sentence is at the midpoint of Schwartz’s Sentencing Guidelines range and takes account of his repeated violence against police on January 6th, his substantial violent criminal history, his utter lack of remorse, and his efforts to profit from his crime,” the government’s sentencing memorandum said….

Schwartz, prosecutors said, was the first person to throw a chair at officers, creating an opening within the police line at the Capitol. His actions — which included stealing chemical munitions such as pepper spray — led to hundreds of rioters overwhelming officers at a key police line forcing them to retreat, prosecutors alleged.

On Jan. 6, 2021, Schwartz was on probation for at least one other case that involved both assaultive conduct and illegal firearms possession. He has maintained his innocence in several interviews.

His threats against officers date back to 1991, and he has been convicted on 38 charges. The cases range from a 2019 conviction for terroristic threats “for threatening police officers who placed him under arrest for domestic assault” to a 2020 conviction for domestic violence after he bit his wife on the forehead and punched her multiple times, according to court documents. He previously had four separate convictions of assault or threatening police officers.

The Feds want an even longer sentence for Oath Keepers founder Stuart Rhoades. The Washington Post: U.S. seeks 25 years in prison for Rhodes in first Jan. 6 sedition case.

U.S. prosecutors on Friday asked a federal judge to sentence Oath Keepers founder and leader Stewart Rhodes to 25years in prison and eight of his followers to at least 10 years behind bars startinglater this month, in the first punishments to be handed down to far-right extremist group members convicted of seditious conspiracy in the Jan. 6, 2021, attack on the Capitol.

“No January 6 case sentenced to date is comparable to the scope and magnitude of these defendants’ convictions and conduct,” Assistant U.S. Attorney Jeffrey S. Nestler wrote for a prosecution team, asking U.S. District Judge Amit P. Mehta to apply “swift and severe” punishment, including an enhanced terrorism penalty, for the Oath Keepers’ actions that were intended to intimidate or coerce the government.

Kitchen Still Life With Fish And Cat by Sebastian Stoskopff, 1650Rhodes, a top deputy and four others were found guilty at trials in November and January of plotting to unleash political violence to prevent the inauguration of President Biden. Three co-defendants were acquitted of that count but convicted of obstructing Congress as it met to confirm the results of the 2020 election, among other crimes. Both top offenses are punishable by up to 20 years in prison,but prosecutors asked the court to stack sentences to exceed that total for Rhodes and the Oath Keepers’ Florida leader Kelly Meggs….

In a 183-page government sentencing request covering all nine defendants, Nestler noted that Judge Mehta has called it “one of the great tragedies in the history of this country” to see “ordinary, hardworking Americans” turn into criminals in the Jan. 6 attack and suffer the consequences. “These defendants are in part responsible for that national tragedy; they played significant roles in spreading doubt about the presidential election and turning others against the government,” the prosecutor wrote.

Rhodes “exploited his vast public influence” over the anti-government extremist movement and used his talents for manipulation to lead “more than twenty other American citizens into using force, intimidation, and violence to seek to impose their preferred result on a U.S. presidential election. This conduct created a grave risk to our democratic system of government,” Nestler wrote.

One of the most wanted January 6 insurrectionists was recently identified by a former boyfriend. NBC News: Jan. 6 rioter in pink beret identified after ex spotted her in a viral FBI tweet.

The breakthrough in the FBI investigation started inside a Joann Fabric and Crafts store. Last weekend, a clothing designer was standing in the checkout line waiting to purchase a needle for his sewing machine when his buddy saw something funny on his phone.

It was a tweet from the FBI’s Washington Field Office featuring two striking images of the 537th person added to the bureau’s U.S. Capitol Violence webpage, which has functioned as a “most wanted” list of Jan. 6 participants since the investigation began more than two years ago.

Still Life With Fruits And Ham With a Cat And a Parrot by Alexandre-François Desportes, 18th century

Still Life With Fruits And Ham With a Cat And a Parrot by Alexandre-François Desportes, 18th century

No. 537 on the FBI list is a woman wearing a white coat and black gloves, carrying a black Dolce & Gabbana purse, who has been the subject of Jan. 6 conspiracy theories. In one image, with her eyebrow arched, she looks dead at the camera like she’s Jim from “The Office.” In another, she’s standing near the Capitol, appearing to direct rioters with a stick.

Atop her head: a pink beret.

“I stopped dead in my tracks,” the designer, who asked not to be named to avoid harassment and threats, recalled in an interview with NBC News. “I’m like, ‘That’s Jenny.’”

He sent in a tip to the FBI. On Monday, he said he got a call from the bureau, confirming they were investigating Jenny. By Friday, a law enforcement official confirmed to NBC News that the bureau had identified “Pink Beret” as the clothing designer’s ex, Jennifer Inzuza Vargas, of Los Angeles….

The designer had dated Vargas four years ago and was able to identify her to the FBI thanks to the tweet’s popularity. Recent posts from the FBI Washington Field Office on Twitter have gathered 10,000 to 20,000 views. The tweet about the woman in the pink beret received more than 7.2 million. Among those millions of viewers was his friend in Joann Fabric.

I’m going to end there and turn it over to you. Please feel free to discuss any topic in the comment thread. I hope you all have a terrific Caturday!!


Lazy Caturday Reads: The Supreme Court’s War on Women

Hilda Belcher, 1881-1963

By Hilda Belcher, 1881-1963

Happy Caturday!!

Last night the Supreme Court released their decision in the mifepristone case. They stayed–for now–Texas Judge Matthew Kacsmaryk’s order to ban the abortion pill nationwide. The New York Times reports: Supreme Court Ensures, for Now, Broad Access to Abortion Pill.

The order halted steps that had sought to curb the availability of mifepristone as an appeal moves forward: a ruling from a federal judge in Texas to suspend the drug from the market entirely and another from an appeals court to impose significant barriers on the pill, including blocking access by mail.

The unsigned, one-paragraph order, which came hours before restrictions were set to take effect, marked the second time in a year that the Supreme Court had considered a major effort to sharply curtail access to abortion.

The case could ultimately have profound implications, even for states where abortion is legal, as well as for the F.D.A.’s regulatory authority over other drugs.

If the ruling by the judge in Texas, which revoked the F.D.A.’s approval of the pill after more than two decades, were to stand, it could pave the way for all sorts of challenges to the agency’s approval of other medications and enable medical providers anywhere to contest government policy that might affect a patient.

Judges Alito and Thomas dissented. Only Altio wrote a dissenting opinion. From The Washington Post: Supreme Court preserves access to key abortion drug as appeal proceeds.

In the only noted dissents, Justices Clarence Thomas and Samuel A. Alito Jr. said they would not have granted the Biden administration’s request for a stay of the decision by a panel of the U.S. Court of Appeals for the 5th Circuit.

Thomas did not explain his reasoning. Alito said the administration and the public would not have been harmed by agreeing with the lower court, which wanted to reimpose restrictions loosened by the FDA in recent years.

“It would simply restore the circumstances that existed (and that the Government defended) from 2000 to 2016 under three Presidential administrations,” Alito wrote. He disputed that the court’s intervention at this time would have sent a signal: “Contrary to the impression that may be held by many, that disposition would not express any view on the merits of the question whether the FDA acted lawfully in any of its actions regarding mifepristone.”

Alice Kent Stoddard

By Alice Kent Stoddard

There could have been other dissents; we only know that at least 5 justices voted for the stay. On what happens next:

The 5th Circuit next month will review the merits of the case brought by antiabortion groups against the FDA’s regulation of mifepristone — a review that will be conducted by a separate, and likely different, three-judge panel than the one that made the initial ruling. That merits decision will almost surely be appealed to the Supreme Court no matter the outcome. But until then, the justices’ Friday order says the status quo will remain in place: Mifepristone will be available under existing FDA regulations nationwide.

Joyce Vance wrote a lengthy and detailed discussion of the issues in this case; it’s well worth reading the entire piece at Vance’s Substack page, Civil Discourse: Not Quite Midnight at the Supreme Court. Here is a brief excerpt.

I figured that I’d set my alarm for midnight to see how the Court would rule on the government’s request to stay the Fifth Circuit’s order. That order, you’ll recall, did not side with Texas federal judge Matthew Kacsmaryk’s decision to overrule the FDA’s approval of Mifepristone, a drug proven safe and effective for abortions and miscarriage treatment for over 20 years. But it would have permitted the remainder of the restrictions on Mifepristone that Kacsmaryk ordered to remain in place while the litigation proceeded. That includes requiring the drug be obtained in person and not through the mail, necessitating multiple doctor’s office visits and in-office consumption of the medication, and restricting use to prior to the seventh week of pregnancy—while the litigation proceeded.

When the Supreme Court ruled, they stayed all of it. They preserved the status quo, so Mifepristone will remain available up to 10 weeks, and can be obtained via the mail and used at home while the courts are reviewing the case. But that’s a temporary reprieve.

The stay will last while the case is on appeal to the Fifth Circuit. Presumably the party that loses in that court will appeal to the Supreme Court. They are not required to hear an appeal in a civil case like this. If the Court were to refuse to hear it (“certiorari denied”), then the stay would end and the Fifth Circuit’s order would go into effect. If the Supreme Court agrees to hear the appeal (“cert granted”), the stay will continue until the Court enters final judgment. Because the case involves important issues, it’s very likely the Court will take the case.

Best Friends, Maxime Dastugue

Best Friends, by Maxime Dastugue

Vance spends a several paragraphs discussion Altio’s dissent. Not surprisingly, she is quite critical of Alito’s reasoning. Here’s part of it:

Alito rehashed the debate over the use of what has become known as the Court’s “shadow docket”—a docket used for resolving emergency requests. Interestingly, he seemed to take Justice Barrett to task, associating her views with those of progressive justices like Elena Kagan who have objected to the Court’s use of the docket to make decisions without explaining its reasoning (this makes it understandably difficult for lower courts to understand and apply the Court’s logic). Alito notes that Barrett in a 2021 concurrence with a denial of injunctive relief wrote that the Court should not act “on a short fuse without benefit of full briefing and oral argument” in a case that is “first to address the questions presented.” He says that while he agreed with those rulings, if the justices believed that then, they should believe it now. He does not, however, explain why, if he did not believe it back then, it’s okay for him to believe it now. Apparently what’s good for the goose is unnecessary for the gander.

Injunctions present complicated questions, and courts typically, but not always, try to preserve the status quo and protect parties from being harmed or prejudiced while litigation is pending. For instance, in Whole Woman’s Health v. Jackson, one of the cases Justice Alito offered up, Justice Kagan was objecting to the Court’s refusal to keep Texas’s heartbeat law from going into effect while litigation was underway. And that is what the Court ended up doing in this case—preventing any change in the approval status or regulations surrounding Mifepristone’s use while the case is pending. So Justice Alito’s arguments have a tinge of sour grapes, not legal principle.

There’s much more criticism of Alito at the link. Next, Vance addresses the latest news about Judge Kacsmaryk’s bias and dishonesty.

Meanwhile, additional evidence of Judge Kacsmaryk’s anti-abortion bias (there was already plenty) and an improper effort to conceal it has surfaced. In anticipation of his judicial confirmation process in 2019, he requested that his name be removed, pre-publication, from a law journal article he had authored, replacing it with some colleagues from the religious conservative legal group he was working for. The article was critical of legal protections for abortion and transgender people. All federal judicial nominees have to complete a document called a Senate Judicial Questionnaire. The completed application packet is submitted under oath before a nomination can advance. Among other things, it requires nominees to list everything they have published. Kacsmaryk failed to disclose the article and also failed to disclose interviews he gave on Christian talk radio that included his views on abortion and other issues, information the questionnaire calls for.

Again, read more at the Substack link.

Kacsmaryk also has a serious financial conflict of interest. CNN reports: Details about multimillion-dollar stock holding concealed in abortion pill judge’s financial disclosures.

The federal judge who issued a nationwide ruling blocking the approval of a common abortion medication redacted key information on his legally mandated financial disclosures, in what legal experts described as an unusual move that conceals the bulk of his personal fortune.

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Woman with Cat, by Theodorus Gerardus Iherminez

In his 2020 and 2021 annual disclosures, Judge Matthew Kacsmaryk wrote that he held between $5 million and $25 million in “common stock” of a company – a significant majority of the judge’s personal wealth. The name of the company he held stock in is redacted, despite the fact that federal law only allows redactions of information that could “endanger” a judge or their family member.

CNN obtained a previous financial disclosure for Kacsmaryk – which is not available online – from 2017, when he was a judicial nominee.

On that unredacted form, Kacsmaryk reported owning about $2.9 million in stock in the Florida-based supermarket company Publix. It’s not clear whether that’s the same holding as the redacted stock, although Publix’s share price had significantly increased by 2020 and 2021 and the company is no longer listed on his more recent disclosures.

Redactions are approved by a judicial committee. The redacted holding accounted for at least 85% of Kacsmaryk’s total reported wealth in 2021, and potentially more.

“The whole point of a disclosure is to explain where you have conflicts,” said Michael Lissner, the executive director of the Free Law Project, a nonprofit that has published judicial disclosures. “If you have stock and you’re not saying what it’s in and it’s this much of your personal wealth, that’s a conflict you have. The public deserves to know.” [….]

The redaction is the latest example of Kacsmaryk not being fully transparent as a judge and judicial nominee, even as he has become one of the most controversial judges in the country.

That’s in addition to his not be fully forthcoming in his Senate confirmation hearing, as Joyce Vance described above.

Two more articles on the Supreme Court from Slate:

Christina Cauterucci at Slate: Birth Control Is Next.  If you look closely, attempts to restrict contraception are already in the works.

At first glance, what’s happening right now in Iowa looks like a rosy vision for the future of reproductive rights.

The Republican-controlled state Senate recently passed a bill that would increase access to certain types of contraception by allowing pharmacists to dispense it to patients without a prescription. Their GOP counterparts in the state House have included a similar provision in a larger health care bill. And Republican Gov. Kim Reynolds has indicated that the legislation is one of her top priorities this session.

Girl on Divan with Cat (Eta with the Cat) - Róbert Berény 1919 Hungarian 1887-1953

Girl on Divan with Cat (Eta with the Cat) – Róbert Berény 1919 Hungarian 1887-1953

But look elsewhere in Iowa, and you’ll get a different view. Earlier this month, the state attorney general’s office announced that it would suspend payments for emergency contraception for survivors of sexual assault. The medication had been funded through a program for crime victims, but the Republican attorney general is considering a permanent end to its provision. She is “carefully evaluating whether this is an appropriate use of public funds,” a spokesperson said in a statement.

In other words, counter to a refrain that has taken hold on the left since the overturning of Roe v. Wade, conservatives are not coming for birth control next. They’re coming for birth control now.

Some corners of the right are already in full-blown attack mode. Pulse Life Advocates, one of the Iowa-based anti-abortion groups that is advocating against the over-the-counter contraception bill, states on its website that “contraception kills babies.”

It’s relatively uncommon for an anti-abortion group to state its animus toward birth control so plainly. For years, the major players on the anti-abortion right have claimed to support contraception. They seem to understand that more than 90 percent of Americans are in favor of legal birth control and that most people opposed to abortion likely see contraception as an effective means of reducing demand for it….

Cauterucci writes that it would be foolish to believe Republicans’ reassurances about keeping birth control legal.

Conservatives have tried hard to maintain a veneer of rationality on the issue of contraception. But almost a year into the emboldened post-Dobbs anti-abortion movement, the cracks in that facade are starting to show.

Currently, the right to contraception in the U.S. rests on Griswold v. Connecticut, a landmark 1965 Supreme Court decision that is based, as Roe was, on the right to privacy. In a concurring opinion in Dobbs, Clarence Thomas wrotethat the court “should reconsider” several precedents that concern the right to privacy—including the legality of gay intimacy, the right to gay marriage, and Griswold. And a growing number of Republicans are willing to state that Griswold was wrongly decided, including Republican Sen. Marsha Blackburn and former Arizona Senate candidate Blake Masters.

But the Supreme Court won’t even have to overturn Griswold for conservatives to curtail access to birth control. Across the country, they are executing a game plan that rests on three strategies: Conflate contraception with abortion, claim that birth control is dangerous to women’s health, and let right-wing judges do their thing.

Read more details at Slate.

Mimi Matthews

By Mimi Matthews

This article really shocked me. Mary Anne Franks at Slate: Chief Justice John Roberts’ Mockery of Stalking Victims Points to a Deeper Problem.

Stalking is so closely correlated with lethal violence that experts refer to it as “slow motion homicide”: More than half of all female homicide victims in the U.S. were stalked before they were killed. Despite the terrifying and dangerous consequences, many victims of stalking do not report the abuse to law enforcement for fear they will not be taken seriously.

The reasonableness of that fear was vividly illustrated by the Supreme Court oral arguments in Counterman v. Colorado on Wednesday morning, as members of the highest court of the land joked about messages sent by a stalker to his victim, bemoaned the increasing “hypersensitivity” of society, and brushed aside consideration of the actual harm of stalking to focus on the potential harm of stalking laws.

For nearly two years, Billy Raymond Counterman sent thousands of unsolicited and unwanted Facebook direct messages to C.W., a local musician, ultimately driving her to abandon her career and leave the state. Counterman, who had previously served time in federal prison for making violent threats against his ex-wife and her family, argues that his conduct towards C.W. was free speech protected by the First Amendment. Counterman maintains, supported by amicus briefs from influential civil libertarian organizations such as the ACLU, the EFF, and FIRE, that stalking cannot be criminally prohibited except when the government can prove that the stalker subjectively intended to terrify his victim. The state of Colorado, supported by amicus briefs from First Amendment scholars, stalking experts, and domestic violence victim advocatesargues that it is enough to prove that the stalking would be terrifying to a reasonable person in light of the totality of the circumstances. If the court rules in Counterman’s favor, delusional stalking—no matter how objectively terrifying or threatening—will be transformed into an inviolable constitutional right.

And the ACLU is on the side of the stalkers! The justices got a kick out of the threatening messages sent by the stalker.

During oral argument, Chief Justice John Roberts quoted a handful of the thousands of unsolicited messages Counterman sent to C.W. “Staying in cyber life is going to kill you,’” Roberts read aloud. After a pause, he joked, “I can’t promise haven’t said that,” prompting laughter from other justices and the audience. Picking out another message, which he described as an “image of liquor bottles” captioned as “a guy’s version of edible arrangements,” Roberts challenged Colorado Attorney General Phil Weiser to “say this in a threatening way,” leading to more laughter from the court. And the laughs didn’t stop there: Counterman’s attorney, John Elwood, shared with the court that his mother would routinely tell him to “drop dead” as a child, but “you know, I was never in fear because of that.”

Suzy Scarborough

By Suzy Scarborough

There were more chuckles when Justice Neil Gorsuch returned to Elwood’s anecdote during his questioning of Weiser, but Gorsuch shifted to a more serious tone to express his concern about the reasonable person standard. “We live in a world in which people are sensitive, and maybe increasingly sensitive,” he began. “As a professor, you might have issued a trigger warning from time to time when you had to discuss a bit of history that’s difficult or a case that’s difficult,” Gorsuch continued, a reference to Weiser’s prior experience teaching on a law school faculty. “What do we do in a world in which reasonable people may deem things harmful, hurtful, threatening? And we’re going to hold people liable willy-nilly for that?”

Justice Clarence Thomas echoed the concern, asking whether the reasonable person standard is appropriate given that people are “more hypersensitive about different things now.” [….]

The justices’ message was clear: Stalking is not the problem; sensitivity is. To them, stalking is quite literally a state of mind: If the stalker didn’t mean for his conduct to be frightening, then it isn’t. All the target has to do is understand that; she just needs to lighten up, take a joke, accept the compliment, grasp the lesson. Just because someone has made objectively terrifying statements is no reason to overreact and get law enforcement involved; victims should wait for the stalker to do something really frightening before they jump to conclusions.

That is just plain terrifying! Women’s lives are already in danger in this country; The Supreme Court is making this state of affairs even worse.

More stories to check out, links only:

Heather Cox Richardson on the history of Earth Day, which is today, at Letters from an American.

The New York Times: Airman Shared Sensitive Intelligence More Widely and for Longer Than Previously Known.

The Washington Post: FBI leak investigators home in on members of private Discord server.

The Guardian: A California journalist documents the far-right takeover of her town: ‘We’re a test case.’

Anthony L. Fisher at The Daily Beast: America’s Tragedy Is Its Culture of Fear—Armed With Millions of Guns.

Michelle Goldberg at The New York Times: The Sickening Déjà Vu of Watching Trump Manhandle DeSantis.

The Washington Post: Twitter removes labels from state-controlled media, helping propaganda.

The Washington Post: SpaceX didn’t want to blow up its launchpad. It may have done just that.

Have a great weekend, Sky Dancers!!