Lazy Caturday Reads

Ophelia Redpath, 1965

By surrealist artist Ophelia Redpath, 1965

Happy Caturday!!

I wish I had kept a record of my sleep patterns and accompanying political events over the past 7 years. I know I rarely slept through the night during the first couple of years of Trump’s “presidency.” I would stay up late, sleep a couple of hours and wake up at 3AM to obsessively check twitter for news, and still get up early the next day. Now I’m going through a period of time when I can’t get to sleep until very late–around 1:00-2:00AM–and then sleeping until 10:00 or 11:00AM. I’m also getting old–I’ll be 75 soon–and it takes me awhile to get going in the morning. Anyway, I slept until 10:00 today, so I’m once again very late in posting. If only we knew what is going to happen with the Trump investigations, maybe I would be able to go back to sleeping like a normal person.

As everyone knows by now, yesterday Merrick Garland announced the appointment of a special prosecutor to decide whether to indict Trump in the Mar-a-Lago documents and January 6 insurrection cases–including whether Trump has obstructed justice.

CNN: DOJ announces special counsel for Trump-related Mar-a-Lago and January 6 criminal investigations.

Attorney General Merrick Garland on Friday appointed a special counsel to oversee the criminal investigations into the retention of national defense information at former President Donald Trump’s Mar-a-Lago resort and parts of the January 6, 2021, insurrection.

Both investigations implicate the conduct of Trump, who on Tuesday declared his candidacy in the 2024 presidential race, making him a potential rival of President Joe Biden.

“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election, and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” Garland said at the Justice Department on Friday.

Jack Smith, the former chief prosecutor for the special court in The Hague, where he investigated war crimes in Kosovo, will oversee the investigations….

The prosecutions of those who physically breached the US Capitol have been the most public aspect of the Justice Department’s January 6 probe, and those will remain under the purview of the US Attorney’s office in Washington, DC. But behind the scenes, prosecutors have subpoenaed scores of witnesses close to the former president for documents and testimony in the probe.

White Cat by Igor Galanin

White Cat by Igor Galanin

“I intend to conduct the assigned investigations, and any prosecutions that may result from them, independently and in the best traditions of the Department of Justice,” Smith said in a statement Friday. “The pace of the investigations will not pause or flag under my watch. I will exercise independent judgment and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.” [….]

According to multiple sources, both the Mar-a-Lago investigation and the January 6 investigation around Trump are aiming to gather more information and bring witnesses into a federal grand jury in the coming weeks. Prosecutors sent out several new subpoenas related to both investigations in recent days, with quick return dates as early as next week.

Some of the witnesses being pursued in this round had not spoken to the investigators in these cases before, according to some of the sources.

Most of the TV/Twitter legal experts are saying this was a good decision by Garland. One dissenter is Neal Kaytal, who says it is a big mistake.

From Raw Story: Legal experts: Special counsel investigating Trump will move very quickly.

Former top DOJ official Andrew Weissmann believes that newly-appointed special counsel Jack Smith will move with haste in his investigations of former President Donald Trump.

Speaking with MSNBC’s Lawrence O’Donnell, after the host said Smith may become the “most important prosecutor in human history,” Weissmann discussed his history with the new special prosecutor.

“So I’ve known Jack for decades,” Weissman said.

“I was the chief of the criminal division when he started in the U.S. Attorney’s office,” he explained.

“And Jack, as you noted, has had all sorts of positions that make him really perfect for this job in the sense of his experience, he’s a career prosecutor, he’s completely apolitical — in public integrity, they prosecuted Democrats and Republicans,” Weissmann said. “They don’t care, if you committed a crime, it doesn’t matter what party you’re in or whether you’re in no party.”

He noted he learned from Robert Mueller that “you can’t slow things down to use as an excuse not to move forward.”

“For people who are worried about this slowing down, I have the exact opposite reaction.”

Marcy Wheeler suggested another reason why Garland might have taken the step of appointing a special counsel:

I think that makes sense. Of course Trump and Republicans will still claim the investigations are political, and I’m pretty sure Garland knows that. This morning at Politico Playbook, Rachel Bade summarized the political reactions so far: A new special counsel sets Washington ablaze.

Attorney General MERRICK GARLAND’s decision to name a special counsel to helm DONALD TRUMP-related probes at the Justice Department roiled the political world on Friday.

In an afternoon statement delivered before cameras at Main Justice, Garland argued the appointment of veteran DOJ hand JACK SMITH was necessary given that Trump and JOE BIDEN could be facing off for the presidency in 2024. “Such an appointment underscores the department’s commitment to both independence and accountability in particularly sensitive matters,” Garland said.

Some good it did him. On cue, Republicans called foul — and rushed forward to defend an ex-president who had appeared to be losing his grip on the GOP following the party’s disappointing election performance.

François Batet

By François Batet

AT MAR-A-LAGO … After 10 days of midterm recriminations, the announcement put Trump back in his most comfortable posture: portraying himself as the victim of his corrupt enemies. During a fancy black-tie affair at his Florida resort, Trump told Fox News’ Brooke Singman that he won’t participate in the probe and blasted the DOJ for the “worst politicization” of the department ever.

— “I have been proven innocent for six years on everything — from fake impeachments to [former special counsel ROBERT] MUELLER who found no collusion, and now I have to do it more?” Trump told them. “It is not acceptable. It is so unfair. It is so political.”

ON CAPITOL HILL … Rep. MARJORIE TAYLOR GREENE (R-Ga.) tweeted that Republicans should “IMPEACH MERRICK GARLAND!” and insisted her party “refuse to appropriate any funding to Merrick Garland’s Special Counsel and defund any part of the DOJ acting on behalf of the Democrat party as a taxpayer funded campaign arm for the Democrat’s 2024 presidential nominee.”

— The latter is particularly noteworthy: It sets up a new and explosive spending clash that could easily prompt a government shutdown in the next Congress. Why? MTG and likeminded Trump loyalists will press KEVIN McCARTHY (or whoever else manages to become speaker) to toe a hard line while Democrats will absolutely refuse to defund the investigations. Watch this space.

IN LAS VEGAS … Even former Vice President MIKE PENCE blasted the special counsel appointment as “very troubling” during an appearance at the Republican Jewish Coalition’s annual meeting, according to another good-get interview by Fox’s Brooke Singman and Paul Steinhauser.

— “No one is above the law, but I am not sure it’s against the law to take bad advice from your lawyers,” he said. Pence went on to suggest that the DOJ has been politicized by Democrats and and to knock the FBI for conducting a raid on Mar-a-Lago to fish out classified information Trump had taken to his post-presidency residence. (Note that Smith won’t only be managing the documents probe, but Jan. 6-related matters as well.).

Bade notes that Republicans were all in on the investigation of Hillary Clinton’s handling of classified documents while she was running for president. You can also read a bit of background on Jack Smith at The New York Times.

One more on the Smith appointment from Jennifer Rubin at The Washington Post: Merrick Garland was right to appoint a special counsel.

Advocates of swift action against Trump no doubt will be alarmed by the announcement, but there is less here than meets the eye. For starters, Smith needs no introduction to the Justice Department. He was appointed first assistant U.S. attorney for the Middle District of Tennessee in February 2015. Before that, he worked as head of the department’s Public Integrity Section and as investigation coordinator in the Office of the Prosecutor at the International Criminal Court. He also worked in the U.S. attorney’s office in the Eastern District of New York.

Hold That Tiger by Jeanette Lassen

Hold That Tiger by Jeanette Lassen

Most important, the attorney general announced that the career staff who have been working on these cases will continue in their roles. That, Garland suggested, will mean the query will “not slow down.” Smith will make a recommendation to Garland on whether to prosecute Trump. Until then, Garland will have no direct supervision over Smith.

Did Garland need to wait until Trump’s campaign launch to make the appointment? Perhaps not, but so long as Trump was not an active candidate, there was little reason for Garland to step aside. Now that Trump is a potential opponent to Biden, Garland believes it is essential to add a layer of separation between himself and the line prosecutors.

Constitutional scholar Laurence Tribe tells me, “Looking over Jack Smith’s decades of prosecutorial experience, it’s hard to imagine anyone better prepared to hit the ground running and to sew together whatever loose ends remain as he puts together a comprehensive prosecution of the leaders of the attempted coup, with the former president at its center, as well as a powerful prosecution of the former president for his theft of top secret documents as he absconded to Mar-a-Lago.” He adds that, while he previously “publicly urged that there was no need to appoint a special counsel, my principal concern was the need to avoid delay, and it appears that this appointment will solve that problem.”

Norman Eisen, who served as co-counsel to the House impeachment managers during Trump’s first impeachment, agrees. “I have no concern that a special counsel will shy away from charging, and Jack Smith has outstanding experience,” he tells me. Eisen also thinks the move will not cause much of a delay. He observes: “Mr. Smith should move with alacrity. Here, where any other American who had removed the even one classified document would be subject to likely prosecution, and where the former president took dozens, the rule of law demands fast action.”

In other news, The New York Times has an important story about a Supreme Court leak that–like the recent leak of the draft decision overturning Roe v. Wade–involves Justice Sam Alito: Former Anti-Abortion Leader Alleges Another Supreme Court Breach.

As the Supreme Court investigates the extraordinary leak this spring of a draft opinion of the decision overturning Roe v. Wade, a former anti-abortion leader has come forward claiming that another breach occurred in a 2014 landmark case involving contraception and religious rights.

In a letter to Chief Justice John G. Roberts Jr. and in interviews with The New York Times, the Rev. Rob Schenck said he was told the outcome of the 2014 case weeks before it was announced. He used that information to prepare a public relations push, records show, and he said that at the last minute he tipped off the president of Hobby Lobby, the craft store chain owned by Christian evangelicals that was the winning party in the case.

Both court decisions were triumphs for conservatives and the religious right. Both majority opinions were written by Justice Samuel A. Alito Jr. But the leak of the draft opinion overturning the constitutional right to abortion was disclosed in the news media by Politico, setting off a national uproar. With Hobby Lobby, according to Mr. Schenck, the outcome was shared with only a handful of advocates….

Joan Barber, Girl stroking cat

Joan Barber, Girl stroking cat

The evidence for Mr. Schenck’s account of the breach has gaps. But in months of examining Mr. Schenck’s claims, The Times found a trail of contemporaneous emails and conversations that strongly suggested he knew the outcome and the author of the Hobby Lobby decision before it was made public.

Mr. Schenck, who used to lead an evangelical nonprofit in Washington, said he learned about the Hobby Lobby opinion because he had worked for years to exploit the court’s permeability. He gained access through faith, through favors traded with gatekeepers and through wealthy donors to his organization, abortion opponents whom he called “stealth missionaries.”

The minister’s account comes at a time of rising concerns about the court’s legitimacy. A majority of Americans are losing confidence in the institution, polls show, and its approval ratings are at a historic low. Critics charge that the court has become increasingly politicized, especially as a new conservative supermajority holds sway.

Read the rest at the New York Times.

From Georgia–NBC News reports that: In win for Democrats, Georgia judge allows early voting in Senate runoff on Saturday after Thanksgiving.

A Fulton County judge ruled Friday that the Georgia Secretary of State cannot prohibit counties from voting on the Saturday after Thanksgiving, a victory for the state Democratic Party and Sen. Raphael Warnock’s campaign.

The order comes after a brief legal battle between Secretary of State Brad Raffensperger’s office and the Democratic Party of Georgia over the Dec. 6 Senate runoff between Warnock and Republican Herschel Walker.

Raffensperger, a Republican, had maintained that changes to Georgia voting laws meant that there could be no early voting on Nov. 26, the only Saturday when it would have been possible for Georgians to cast an early vote in the hotly contested race.

Democrats and Warnock’s campaign filed suit challenging Raffensperger’s determination, and Judge Thomas A. Cox agreed with their arguments in a ruling late Friday afternoon. “The Court finds that the absence of the Saturday vote will irreparably harm the Plaintiffs, their members, and constituents, and their preferred runoff candidate,” the judge wrote.

Glenn Harrington

By Glenn Harrington

Raffensberger’s office will appeal the decision.

The dispute centers on a provision of Senate Bill 202, signed by Republican Gov. Brian Kemp in March 2021, which stipulates early in-person voting must end the Friday before the runoff. This year, that would be Friday, Dec. 2.

The law also stipulates early in-person voting not be held on any Saturday that follows a “public or legal holiday” on the preceding Thursday or Friday. Raffensperger contended that meant there would be no early in-person voting on Nov. 26, the Saturday following Thanksgiving. (It could not be held this weekend because the general election vote is not being certified until Nov. 21.)

Attorneys for the Democrats and Warnock argued the section of the law Raffensperger cited applies to primaries and general elections, but not to runoffs. Cox agreed.

Of course there is tons of news about Twitter and Musk. Here are some links to check out if you’re interested:

Yoel Roth at the New York Times: I Was the Head of Trust and Safety at Twitter. This Is What Could Become of It.

The Guardian: How Elon Musk’s Twitter reign magnified his brutal management style.

The Washington Post: Musk summons engineers to Twitter HQ as millions await platform’s collapse.

The New York Times: Elon Musk’s Twitter Teeters on the Edge After Another 1,200 Leave.

What are your thoughts on all this? What other stories are you following today?


Lazy Caturday Reads

Sandra Bierman2

By Sandra Bierman

Happy Caturday!!

I’m completely exhausted! I spent most of my time since Tuesday glued to the TV and Twitter, obsessing on the vote counts. My eyes feel as if they are about to fall out. But democracy seems to be surviving for now, thanks to voters who clearly understood the danger and who didn’t like the Supreme Court trying to turn women into broodmares. And thanks to the young people who turned out to vote in swing states.

The New York Times: Young Voters Helped Democrats. But Experts Differ on Just How Much.

Preliminary figures indicate that Democrats, particularly in swing states like Wisconsin and Michigan, benefited from a strong turnout of young voters, aged 18-29, the age group that regularly shows the strongest support for the party — and regularly votes the least.

But less certain and much debated after Tuesday’s vote was whether the turnout was particularly strong this year, or more a continuation of support seen in the last midterm election in 2018 — which restored the party’s control of the House of Representatives — or the 2020 vote that elected President Biden and gave the party control of both chambers of Congress.

Tufts University’s Tisch College of Civic Life, perhaps the most assiduous tracker of young voters, estimated on Thursday that 27 percent of 18-to-29 voters cast ballots in midterm elections — and that 63 percent of them voted for Democrats in House of Representatives elections.

That estimate was based on a nationwide exit poll of voters jointly conducted by the three major television networks and CNN; those preliminary numbers will be updated with data from actual voting. The turnout rate for all voters was 47 percent, according to a preliminary estimate by the U.S. Elections Project at the University of Florida….

“What’s clear from the data is that young Democrats turned out,” said Victor Shi, the director of strategy for Voters of Tomorrow, a Generation Z-centered civics advocacy group. An analysis of early voting data, he said, indicated that young people had cast a million more Democratic votes than Republican ones. And he said that early voting by young Democratic supporters exceeded 2018 totals in three battleground states — Georgia, Michigan and Ohio.

Independents also broke for Democrats. Everyone except the crazies is sick and tired of Trump and his whining. The Wall Street Journal: Why Independent Voters Broke for Democrats in the Midterms. GOP candidates closely aligned with Trump turned off some centrists and in-play Republicans.

Lisa Ghelfi, a 58-year-old registered Republican in Arizona, voted for Donald Trump for president two years ago but has grown tired of his election-fraud claims. It is the main reason she voted for Democrats for governor, senator, secretary of state and attorney general this fall and plans to change her registration to independent.

“Not allowing the election to be settled, it’s very divisive,” Ms. Ghelfi, a semiretired attorney from Paradise Valley, said of the 2020 race. “I think the election spoke for itself.” She said she voted for Republicans down-ballot who weren’t as vocal about election fraud or as closely tied to Mr. Trump, yet couldn’t support Arizona’s four major Republican candidates because they echoed Mr. Trump’s false claims.

Republicans succeeded in one of their top goals this year: They brought more of their party’s voters to the polls than did Democrats. But in the course of energizing their core voters, Republicans in many states lost voters in the political center—both independents and many Republicans who are uneasy with elements of the party’s focus under Mr. Trump.

Control of the House and Senate, which had seemed poised to land with the Republican Party, is coming down to a handful of races that so far are too close to call, though the GOP remains on track to winning a narrow majority in the House. Republicans have won nearly 5.5 million more votes in House races than have Democrats, a tally by the nonpartisan Cook Political Report finds, as many voters were motivated by anxiety over high inflation and a low opinion of President Biden’s response.

Pierre Bonnard - Marthe à la Chatte, 1912

Pierre Bonnard – Marthe à la Chatte, 1912

We are still waiting on Nevada’s Senate race, but it looks like Catherine Cortez Masto has a good chance to win, Right now, she is only behind Laxalt by 862 votes, according to Jon Ralston, with Las Vegas still outstanding. If she wins, the Democrats will control the Senate. Nate Cohn at The New York Times: Mail Ballots Around Las Vegas Are Likely to Put Democrats Ahead.

Democrats appeared on the cusp of securing control of the Senate over the weekend, as the counting of mail ballots in Nevada brought Senator Catherine Cortez Masto, a Democratic incumbent, within 1,000 votes of overtaking her Republican opponent, Adam Laxalt, for the final seat the party needs to maintain its 50-50 Senate majority.

All eyes will be on Clark County, home to Las Vegas, which is a Democratic stronghold. Ms. Cortez Masto has led mail ballots tabulated after Election Day there by nearly two to one, a margin that would be more than enough to overtake Mr. Laxalt if the trend continues among the approximately 25,000 mail ballots that remain to be counted.

The bulk of the remaining mail ballots in Clark County are expected to be reported on Saturday (though the deadline to have all ballots counted is not until Tuesday). That could be enough to allow news organizations to project a winner, depending on the number of ballots counted and the size of Ms. Cortez Masto’s lead.

Most news organizations, including The Associated Press, are reluctant to call races when the leading candidate is ahead by less than half a percentage point, or about 5,000 votes in this case.

Even so, Ms. Cortez Masto would build a lead of more than 5,000 votes if she fares as well in the final Clark mail ballots as she has in those counted so far. She is also expected to have an advantage in the remaining mail ballots from Washoe County, as well as the more than 10,000 mail ballots that voters can “cure” after being initially rejected for a bad signature match.

Only a few thousand mail votes remain from the state’s rural, Republican counties.

From The Washington Post last night: Congressional Republicans panic as they watch their lead dwindle.

With control of the House and Senate still undecided, angry Republicans mounted public challenges to their leaders in both chambers Friday as they confronted the possibility of falling short of the majority, eager to drag Rep. Kevin McCarthy (Calif.) and Sen. Mitch McConnell (Ky.) down from their top posts as consequence.

The narrowing path for Republican victory has stunned lawmakers from both parties, freezing plans for legislation and leadership maneuvers as they wait to see who takes control and learn the margins that will dictate which ideological factions wield power. Regardless of the outcome, the lack of a “red wave” marks a devastating outcome for Republicans, who believed they would cruise to a large governing majority in the House and possibly flip the Senate.

Isabelle Breyer,

By Isabelle Breyer

The GOP faces a small but real prospect that it may not reclaim the House majority despite high pre-election hopes based on the disapproval of President Biden, record inflation and traditional losses for the party that holds the White House. Late Friday, Democrats moved one Senate seat closer to retaining their majority in the chamber as Sen. Mark Kelly won reelection in Arizona. Winning either in Nevada — which was still counting votes — or in Georgia, where a runoff is set for Dec. 6, would allow them to stay in power.

House Democrats also were closely watching uncalled races in those states, as well races as Maine, Oregon, Washington and California, to determine whether they have a pathway to keep the majority. Even if they don’t, as many Democratic aides expect, there is a recognition from both parties that Democratic votes will be critical in a narrow House GOP majority.

“It’s an unworkable majority. Nothing meaningful will get passed,” a dejected aide to a senior House Republican said, speaking on the condition of anonymity to candidly discuss internal tensions….

Outgoing Rep. Peter Meijer (R-Mich.) told The Washington Post he knew the evening of the Jan. 6, 2021, attack on the U.S. Capitol that the GOP would have a difficult time proving to voters they should be in the majority in two years.

“By midnight on January 6, it was obvious that if we continued to sleepwalk down the path of crazy we’d face a rude awakening,” he said. “Instead of facing those facts, the GOP spent the last two years heading in the same direction and actively avoiding any internal reckoning. After Tuesday, we have no choice but to heed voters when they say that ‘the grass is green, the sky is blue, and by the way, you just got your ass handed to you.’ But waking up to that reality is going to be rough.”

Meijer lost in the Michigan primary after he voted to impeach Trump.

More good news for democracy: election-denying candidates lost bigtime. Last night Mark Finchem in Arizona went down to defeat. NBC News: Election denier Mark Finchem loses secretary of state race in Arizona.

Republican Mark Finchem, a prominent election denier, has lost to Democrat Adrian Fontes in the race for Arizona secretary of state race, NBC News projects.

Fontes, a former top elections official for Maricopa County, will succeed Arizona Secretary of State Katie Hobbs, the Democratic nominee for governor.

Finchem was among a host of GOP candidates for statewide office who have repeatedly cast doubt over Joe Biden’s presidential victory or falsely claimed that the 2020 election was stolen from former President Donald Trump in Arizona.

Last year, Trump backed Finchem’s candidacy and highlighted his record of defending the stolen election claims. “Mark was willing to say what few others had the courage to say” about the 2020 election, Trump said in offering his public support….

With his loss, Finchem joins numerous other election deniers who fell short on Election Day. In Michigan, election deniers lost bids for governor, secretary of state and attorney general. Republican Doug Mastriano, a prominent election denier in Pennsylvania who was on the Capitol grounds on Jan. 6, lost his bid for governor, along with similar GOP gubernatorial candidates in Minnesota and New Mexico.

Other prominent election deniers in Arizona, including attorney general candidate Abraham Hamadeh and Kari Lake, the party’s pick for governor, are still locked in tight races with their opponents several days after the election.

Katie Hobbes still has a chance to win the governor’s race.

Sandra Bierman

By Sandra Bierman

Republicans are angry with Trump for backing crazy, incompetent, far-right candidates. Liz Goodwin writes at The Washington Post: A red wave of criticism crashes into Donald Trump after midterm losses.

As Republicans grapple with their lackluster performance in Tuesday’s midterm elections, one man has begun to take on an unusual amount of criticism from his fellow partisans: Donald Trump.

The former president, who boosted some inexperienced Senate candidates in their primaries who underperformed on Tuesday, declared before the midterms that he wanted “all the credit” if Republicans won. “If they lose, I should not be blamed at all,” he told NewsNation.

But now that Republicans are facing the prospect of being in the minority in the Senate and are still waiting to see whether they will officially nab an uncomfortably narrow majority in the House, some unexpected voices within the party are beginning to question Trump’s influence.

Virginia Lt. Gov. Winsome Earle-Sears, a Republican who strongly supported Trump, said the poor performance of some of his endorsed candidates is a sign he should step aside.

“It turns out that those he did not endorse on the same ticket did better than the ones he did endorse,” she said. “That gives you a clue that the voters want to move on. And a true leader knows when they have become a liability to the mission.”

New Hampshire Gov. Chris Sununu (R) — who cruised to victory as the Trump-endorsed Senate candidate Don Bolduc lost by a large margin — told SiriusXM on Friday that Trump could “muck up” the opportunity for GOP Georgia Senate candidate Herschel Walker to win if he announces his run before a December runoff in the state.

“What the former president doesn’t understand is if he announces … he’s not going to keep anyone else out of the race,” Sununu said, calling it an “awkward” thing to do. “I don’t think they’ve started out very well.”

The volume of open criticism illustrates a rare moment of weakness for Trump among Republicans just as he prepares to announce his 2024 presidential bid next week. Exit polls showed his favorability as even lower than President Biden’s on Tuesday, and polls of Republican voters suggest he is losing ground to Florida Gov. Ron DeSantis (R) in hypothetical presidential matchups.

Brian Klaas, an expert on authoritarian leaders, doesn’t think Republicans will abandon Trump: Will Republicans Defy Trump’s Authoritarian Cult of Personality?

On Tuesday, Donald Trump had a bad night. He leveraged his cult leader-style sway over the Republican base to shoehorn terrible candidates through GOP primaries. These were cartoon caricatures, figures so absurd they seemed to have responded to a casting call for unelectable villainy. A quack doctor who lamented the rising cost of crudité faced a long drive home to New Jersey after losing a winnable seat in Pennsylvania. An outspokenly pro-life candidate in Georgia has paid for a seemingly limitless number of abortions, thinks climate change means that China is sending America “bad air,” and allegedly has a penchant for threatening people with guns. In Arizona, the Republican candidate was a venture capitalist who enjoyed military cosplay was running against a literal astronaut. And don’t get me started on Doug Mastriano, who apparently loves dressing up as a Confederate soldier and wants to charge women who get abortions with murder.

Elena Shlegel, 1965

By Elena Shlegel, 1965

The Trump candidates were authoritarian extremists. They mostly lost.

The conventional wisdom, which you’ll now hear repeated over and over by pundits and insiders is that Trump is toast. Let the DeSantis coronation begin. Republicans will fire Trump “like a dog,” as Trump was so fond of saying when getting rid of Rex Tillerson or some other forgotten Trumpian trivia question who may, if we’re lucky, never infect another brain cell of our thoughts ever again.

There’s good reason for Republicans to ditch Trump. Since 2016, he has been an electoral liability. The right way to think about Trump’s strategic “genius” is that the guy had two strokes of genuine political genius: he realized that immigration was an electrifying third rail in US politics and understood that a significant chunk of his party’s voters were latent authoritarians, meaning that the only reason they weren’t voting for a strongman was because one hadn’t been offered to them on the ballot. Those insights propelled him to the presidency. Once he got there, he shot himself in the foot repeatedly, a level of savvy political skills that culminated most deliciously in the Four Seasons Total Landscaping debacle, a fitting coda to a disastrous, slapstick presidency.

But here’s the bad news: Trump isn’t going anywhere. To understand why, you need a frame of reference for US politics that isn’t learned in glitzy political consulting firms, one they don’t teach you if you graduate from the Ronald Reagan school of political history, even if you have read every biography of Lincoln and JFK that’s ever been published.

Read the rest at the above link.

I hope you’re all having a nice long weekend. Let’s hope we’ll get more good news from Arizona and Nevada by tonight. The good news is that democracy has survived for the time being.


Lazy Caturday Reads: The Twitter Meltdown, Polls, and the Midterms

Leonid Kiparisov, ‘On a Good Footing’

Leonid Kiparisov, ‘On a Good Footing’

Happy Caturday!!

At least we can celebrate cats and cat art, even though things in the real world are so f’d up. The top story today should be the upcoming midterm elections, and it is; but not in the way it normally would be. Right now we are dealing with a very strange situation in which a social media meltdown is likely to turn the process we’ve become accustomed to completely upside down. There’s really no way to know how it will all shake out, but it’s not looking good. It’s as if Trump himself took over Twitter in order to stoke chaos in the upcoming elections. In addition to the Twitter madness, the polls, which have been less accurate over the past several years, are seemingly more problematic than ever.

Here’s the latest on the Twitter mess. It’s a deep dive on the layoffs and how they could affect the user experience as well as the ability of experts, journalists, and regular people to follow the election results. Ben Collins, Bandy Zadrozny, and David Ingram at NBC News: Days before the midterms, Twitter lays off employees who fight misinformation.

Mass layoffs at Twitter on Friday battered the teams primarily responsible for keeping the platform free of misinformation, potentially hobbling the company’s capabilities four days before the end of voting in Tuesday’s midterm elections, one current and six former Twitter employees familiar with the cuts told NBC News,five of whom had been recently laid off.

Two former Twitter employees and one current employee warned the layoffs could bring chaos around the elections, as they hit especially hard on teams responsible for the curation of trending topics and for the engineering side of “user health,” which works on content moderation and site integrity. The seven people asked to withhold their names out of worry over professional retribution and because they weren’t authorized to speak for the company.

CEO Elon Musk, who’s facing sizable future debt payments and declining revenue at Twitter, said the cuts were needed to ensure the health of the company’s long-term finances a week after he bought it for $44 billion.

The cuts appeared to affect many people whose jobs were to keep Twitter from becoming overwhelmed by prohibited content, such as hateful conduct and targeted harassment, the seven sources said….

Gita Johar, a Columbia University business professor who has studied misinformation on Twitter, said the job cuts risk turning the site into a “free-for-all with rumors, conspiracy theories and falsehoods taking hold on the platform and in people’s imagination.”

Twitter had not released public figures about which teams had been cut the most, but the layoffs were widespread. In an exchange at an investor conference Friday, Musk appeared to confirm that his team had laid off half the company’s workforce, according to CNBC.

“Elon will own a company without employees,” a source inside Twitter told CNBC.

Françoise Collandre

Painting by Françoise Collandre

Musk and his hand-picked spokespeople claim there won’t be any problems; but if you use Twitter regularly, you know that isn’t true.

Twitter’s curation team, which had a variety of roles across the platform, including coordinating the detection and publishing of moments meant to debunk misinformation, appears to be gone, one source said. The team had recently published an explainer about how it tried to keep information accurate and impartial.

Andrew Haigh, a London-based curation lead, said on Twitter that the team “is no more.” 

“Unfortunately, the platform’s history of transparency and supporting research may be just that: history,” said Kate Starbird, a professor of design and engineering at the University of Washington who studies misinformation.

Starbird said it remained to be seen how potential misinformation around the midterms might be affected.

“We were already expecting a surge in rumors and disinformation around the election, even before Musk taking the reins,” she said.

“But the mass layoffs mean that we’ll get to see what an unmoderated major platform truly looks like in 2022, in an era of algorithmic manipulation and networked toxicity, during a massive online convergence event with huge political stakes.”

Read the rest at NBC News if you’re interested in the effects of misinformation and disinformation.

The Verge: Elon Musk’s Twitter layoffs leave whole teams gutted

Elon Musk has now purged roughly half of Twitter’s 7,500 employee base, leaving whole teams totally or near completely gutted, including those tasked with defending against election misinformation ahead of the US midterms next week, The Verge has learned.

The areas of Twitter impacted the most by Musk’s cuts include its product trust and safety, policy, communications, tweet curation, ethical AI, data science, research, machine learning, social good, accessibility, and even certain core engineering teams, according to tweets by laid-off employees and people familiar with the matter. More company leaders, including Arnaud Weber, VP of consumer product engineering, and Tony Haile, a senior director of product overseeing Twitter’s work with news publishers, have also been laid off following Musk’s firings of Twitter’s senior leadership last week.

Given the sweeping nature of Musk’s layoffs and his mandate to cut costs in areas like cloud hosting, employees who remain at Twitter told The Verge that they expect the company to have a hard time maintaining critical infrastructure in the short term. “Shit is gonna start breaking,” said one current employee who requested anonymity to speak without the company’s permission, while another called management’s layoff process “an absolute shit show.”

The rest of the article discusses Musk’s disgusting treatment of employees and upcoming lawsuits by those who have been purged.

The Washington Post: Twitter layoffs gutted election information teams days before midterms.

Devastating cuts to Twitter’s workforce on Friday, four days before the midterm elections, are fueling anxieties among political campaigns and election offices that have counted on the social network’s staff to help them combat violent threats and viral lies.

Slim woman with a cat, geza farago

Slim woman with a cat, Geza Farago

The mass layoffs Friday gutted teams devoted to combating election misinformation, adding context to misleading tweets and communicating with journalists, public officials and campaign staff.

The layoffs included a number of people who were scheduled to be on call this weekend and early next week to monitor for signs of foreign disinformation, spam and other problematic content around the election, one former employee told The Washington Post. As of Friday morning, employee access to internal tools used for content moderation continued to be restricted, limiting staff’s ability to respond to misinformation.

Twitter had become one of America’s most influential platforms for spreading accurate voting information, and the days before elections have often been critical moments where company and campaign officials kept up a near-constant dialogue about potential risks.

But a representative from one of the national party committees said they are seeing hours-long delays in responses from their contacts at Twitter, raising fears of the toll workplace chaos and sudden terminations is taking on the platform’s ability to quickly react to developments. The representative spoke on the condition of anonymity because of the matter’s sensitivity.

It’s “only” a social media company, but Twitter has become a vital source of information for people in every walk of life. This is going to be a disaster.

Some researchers tracking online threats said they also feared that the cuts would interrupt lines of communication between the company and police that have been used to identify people threatening voter intimidation or offline violence.

“Law enforcement may lose precious minutes in identifying that person who we think is posing an actual threat,” said Katherine Keneally, a senior research manager at the Institute for Strategic Dialogue, a think tank that studies political extremism and polarization.

Keneally said she’d already seen an uptick in threatening content related to the election. She pointed to one post where a user wrote of the need to “pour in bleach or gasoline” at ballot drop boxes, a target of right-wing conspiracy theories about systematic voter fraud.

President Biden on Friday criticized Twitter’s role in spreading false information.

“Elon Musk goes out and buys an outfit that spews lies all across the world,” he said while attending a political fundraiser in Chicago. “There’s no editors anymore in America.”

The loss of Twitter as we knew it also has consequences for individuals. Here’s an example from a Washington Post writer:

Read the replies on Twitter. The sentiment is widespread.

Here’s another example:

From Vice yesterday, an example of how the lack of moderation is negatively affecting Twitter: Twitter Recommends Ye as Top Follow on ‘The Jews’ as Company Does Mass Layoffs.

“The Jews” is trending on Twitter, and its algorithm has selected Ye as a “Top” person to follow while Elon Musk fires roughly half of the company’s staff, including many of its policy experts and content moderators.

Ye, formerly known as Kanye West, recently had his Twitter access limited after saying he would go “death con 3” on “JEWISH PEOPLE,” and has been dropped by the vast majority of his business partners after repeatedly making blatantly antisemitic comments over the last few weeks. The freeze on Ye’s account has since been lifted.

“#IStandWithKyrie” is also trending, a reference to Brooklyn Nets star Kyrie Irving, who recently recommended that people watch an antisemitic documentary and was suspended for five games after declining to apologize and evasively answering a question on whether he holds “anti-semitic beliefs.”

Twitter’s content moderation has always been something of a disaster, and harmful things end up trending all the time. Twitter’s content moderation has always relied more heavily on algorithms than competitors like Facebook do. In any case, Musk has promised to protect the values of “freedom of speech”—with the company now running with thousands fewer employees after mass layoffs. This may well be a window into what that looks like.

Girl with Kitten - Olesya Serzhantova Russian painter

Girl with Kitten – Olesya Serzhantova Russian painter

Twitter is also losing advertisers, which obviously could impact the long-term health of the company. The New York Times: Twitter’s Advertisers Pull Back as Layoffs Sweep Through Company.

The pullback of advertisers from Twitter gathered steam on Friday amid growing fear that misinformation and hate speech would be allowed to proliferate on the platform under Elon Musk’s leadership.

The Volkswagen Group joined several other companies in recommending that its automotive brands, which include Audi, Lamborghini, Bentley and Porsche, pause their spending on Twitter out of concerns that their ads could appear alongside problematic content. The Danish brewing company Carlsberg Group also said it had advised its marketing teams to do the same. The outdoor equipment and apparel retailer REI said it would pause posts in addition to advertising spending “given the uncertain future of Twitter’s ability to moderate harmful content and guarantee brand safety for advertisers.” And a spokeswoman for United Airlines, Leslie Scott, confirmed that the carrier had suspended advertising on Twitter earlier this week.

Civil rights groups including GLAAD and the Anti-Defamation League held a conference call on Friday urging other companies to abandon Twitter, saying that mass layoffs there were gutting what they described as an already anemic content moderation staff.

Even Mr. Musk acknowledged the advertising slump, tweeting on Friday morning that Twitter “has had a massive drop in revenue,” which he blamed on activist groups pressuring advertisers.

The first chaotic week of Mr. Musk’s ownership of Twitter has given Madison Avenue whiplash, as advertisers struggle to reconcile the billionaire’s promises to make the platform safe for brands with concerns about a surge of extremism and false narratives, including one promoted by Mr. Musk himself.

In his tweet about Twitter’s faltering revenue, Mr. Musk said that “nothing has changed with content moderation and we did everything we could to appease the activists” — a claim that civil rights groups denied.

A minute before he posted his comment, the ad-tracking platform MediaRadar released statistics showing that the number of advertisers on Twitter had dropped from May, soon after Mr. Musk’s bid for the platform was announced, through September, when he was still fighting to get out of the deal he struck to buy Twitter in April.

MediaRadar, which tracks ad campaigns for millions of companies, said data for October, when Mr. Musk took over Twitter, would not be available until later this month.

More details at the link.

Menny Fox, InstagramAnd what about the polls? New York Times polling expert Nate Cohn discusses the situation: Polling Averages Can Be Useful, but What’s Underneath Has Changed. This year, a wave of polls from Republican-leaning firms is driving the averages.

The polls show Republicans gaining heading into the final stretch. They’ve pulled ahead on the generic ballot in the race for the House, and they’ve fought into a closely contested race for Senate control….

On average, Republicans lead by two points on the generic ballot — which asks voters whether they’ll vote for the Democrat or Republican for Congress — and have pulled into very tight Senate races in Pennsylvania, Georgia and Nevada, where Democrats were once thought to have the advantage.

This simple poll average is like many others you might have seen over the years. It weights the most recent polls more heavily. It gives more weight to pollsters that belong to a professional polling organization (they tend to be far less biased over the longer term). It doesn’t contain some of the fancier bells and whistles, like an adjustment for whether a poll tends to lean toward Republicans or Democrats.

But in one important respect, this average is very different from polling averages you’ve seen in prior years: The pollsters making up the average are very different.

Many stalwarts of political polling over the last decade — Monmouth University, Quinnipiac University, ABC/Washington Post, CNN/SSRS, Fox News, New York Times/Siena College, Marist College — have conducted far fewer surveys, especially in the battleground states, than they have in recent years. In some cases, these pollsters have conducted no recent polls at all.

And on the flip side, there has been a wave of polls by firms like the Trafalgar Group, Rasmussen Reports, Insider Advantage and others that have tended to produce much more Republican-friendly results than the traditional pollsters. None adhere to industry standards for transparency or data collection. In some states, nearly all of the recent polls were conducted by Republican-leaning firms.

This creates a big challenge for a simple polling average like this one. From state to state, Democrats or Republicans might seem to be doing much better or much worse, simply depending on which kind of pollster has conducted a survey most recently. The race may seem to swing back and forth, from week to week.

This is a subscriber only article, but I sent a gift link to Twitter and I’m posting it here for anyone who wants to read the rest and see charts.

I’m going to end there. As for how things are going in the many important races around the country, I have decided to kind of ignore the news about those. I can’t trust the polls, and I will only end up anxious and depressed if I read too much about what’s happening in the various states. I’m worried, but I figure all I can do is wait and see what happens and then deal with the results.

Please post your thoughts and share links on any topic in the comment thread, and I wish you a nice, peaceful weekend.


Lazy Caturday Reads

Cats by a fishbowl, Horatio Henry Couldery

Cats by a fishbowl, Horatio Henry Couldery

Happy Caturday!!

Late last night the Department of Justice appealed Judge Loose Cannon’s ruling in the battle over the classified documents that Trump stole on his way out of the White House.

Ryan J. Reilly at NBC News: Justice Department asks appeals court to block Trump judge’s Mar-a-Lago ruling.

The Department of Justice is asking a federal appeals court to temporarily block a Trump-appointed judge’s ruling that prevents it from accessing hundreds of pages of classified records seized amid the thousands of pages of government documents taken from the former president’s Mar-a-Lago home.

“The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security,” the Justice Department wrote in its motion Friday.

The Justice Department hadpreviously argued that any delay in its investigation into Donald Trump’s handling and retention of government records, including classified records, could result in “irreparable harm” to the government and the public….

The Justice Department on Friday argued that any considerations of claims for return of property or attorney-client and executive privilege were “categorically inapplicable to the records bearing classification markings.”

“Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search,” the Justice Department wrote.

Although Trump previously suggested he had declassified or designated documents seized from his home as “personal,” the Justice Department said he “has never represented that he in fact took either of those steps — much less supported such a representation with competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”

The Justice Department also argued that its request for a limited stay wouldn’t disrupt the special master’s review of other materials and “irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel.”

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

More from Josh Gerstein and Kyle Cheney at Politico: Justice Dept. asks appeals court to restore access to Trump raid documents.

In a filing with the 11th Circuit Court of Appeals in Atlanta Friday night, prosecutors said the government is facing irreparable harm as a result of U.S. District Court Judge Aileen Cannon’s ruling putting the potentially classified records off-limits to the investigative team until an outside expert conducts a review of them and considers Trump’s objections to their seizure.

“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” DOJ lawyers said in their 29-page filing, adding, “It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”

The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.

The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.

“The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation,” prosecutors wrote….

The inability of federal prosecutors to advance their criminal probe has complicated separate efforts by the intelligence community to assess the harm that may have been caused by their improper storage in Trump’s unsecured storage room, prosecutors say, contending that the criminal investigation is inextricably tied to the national security review.

And prosecutors suggested that the restrictions on the FBI’s criminal work would prevent investigators from determining what may have once resided in dozens of empty folders, also bearing classification marks, found among Trump’s belongings.

“The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to identification of other records still missing,” prosecutors indicated in the filing.

This is from a column by Harry Litman at The Los Angeles Times: The Mar-a-Lago judge’s latest opinion is as atrocious as legal experts say it is.

The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.

Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.

The Justice Department asked for a modest stay extending to only 100 pages of classified material found at the beach resort. It is beyond controversy that such documents are off-limits to a private citizen like the former president.

e1c83a9f137b9fef45da615c829c3917Trump’s lawyers did not try to contest that principle. Rather they argued, bizarrely, that just because the government said the documents were classified, it wasn’t necessarily so.

That, of course, is spectacular gibberish. The very meaning of classified documents is that the executive branch has made a determination about their content and marked them classified.

But Cannon adopted Trump’s Alice-in-Wonderland approach. She concluded that it would not be “appropriate” — the closest thing to legal reasoning in her opinion — “to accept the government’s conclusion on these important and disputed issues without further review by a neutral third-party,” that is, a special master.

Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak bedlam in matters of national intelligence, which turn on the very designations that Cannon set aside.

More crazy from Judge Loose Cannon:

The Trump team’s next gambit, which the judge also adopted, was even more logically and legally threadbare. The former president has argued repeatedly in public that he declassified the documents. But his attorneys have studiously avoided saying that in court papers, where lies are subject to professional and criminal penalties. The Trump filings indicate only that he perhaps had declassified the documents.

The appropriate response for a judge in these circumstances is to put Trump on the stand and ask him, “Did you or didn’t you?” Failing that, “perhaps” means the matter is not established and the argument loses.

But Cannon either does not know or does not care what judges do in such a situation. It is important to emphasize that she isn’t simply leaning in Trump’s direction, she’s falling all over him.

Judges sit to resolve disputes, on the basis of evidence. Trump’s team offered none for his positions, relying instead on only the most speculative arguments. It is elementary to the adversary system of justice that evidence and the law, not speculation, determine outcomes. Nothing in the Trump team’s filings justifies freezing a criminal justice investigation and national intelligence review in their tracks.

The DOJ has appealed and now we’ll have to wait and see what the 11th Circuit judges have to say.

There were a couple of new revelations yesterday about people close to Trump and the stolen government documents.

The Washington Post: Trump team claimed boxes at Mar-a-Lago were only news clippings.

Months before National Archives officials retrieved hundreds of classified documents in 15 boxes from former president Donald Trump’s Mar-a-Lago Club, they were told that none of the material was sensitive or classified and that Trump had only 12 boxes of “news clippings,” according to people familiar with the conversations between Trump’s team and the Archives.

playing-cats-henriette-ronner-knip

Playing Cats, by Henriette Ronner-Knip

During a September 2021 phone call with top Archives lawyer Gary Stern, former deputy White House counsel Pat Philbin offered reassuring news: Philbin said he had talked to former White House chief of staff Mark Meadows, who made the assertion about the dozen boxes of clippings, the people familiar with the call said. Trump’s team was aware of no other materials, Philbin said, relaying information he said he got from Meadows.

The characterization made in the call vastly misrepresented the scale and variety of documents, including classified records, eventually recovered by the Archives or the FBI.

Philbin said that Meadows also told him no documents had been destroyed, according to two people with knowledge of the call and a third person with knowledge of Stern’s contemporaneous account of the call. These and other people spoke on the condition of anonymity to disclose internal details.

Stern had sought the call because he believed there were still more than two dozen boxes of materials that Trump had, and he also had concerns about whether digital records had been properly retained, according to a person with knowledge of the situation. Top Archives officials continued to believe there was more material than they were being told about, according to people familiar with their thinking.

So either Philbin and/or Meadows is lying or they were lied to by Donald Trump. A spokesman for Meadows suggested it was Trump who lied.

“Mr. Meadows did not personally review the boxes at Mar A Lago and did not have a role in examining or verifying what was or wasn’t contained within them,” Ben Williamson, a spokesman for Meadows, said in a statement Friday night after the article was published online.

The New York Times confirmed the WaPo story and added more detail: Lawyer Told Archives Last Year That Trump Had No Classified Material.

The Washington Post first reported on Friday that Mr. Philbin had told the archives that there were no sensitive or classified materials in the boxes.

Cat in the Summer Meadow, by Bruno Liljefors

Cat in the Summer Meadow, by Bruno Liljefors

Mr. Trump had told advisers a version of what Mr. Meadows is said to have told Mr. Philbin, that the boxes contained news clippings and personal effects, according to people familiar with the events. Aides to Mr. Trump had told others that there were only 12 boxes of material, which is what Mr. Meadows is also said to have relayed to Mr. Philbin.

Mr. Meadows went to Mar-a-Lago and discussed the boxes of material with Mr. Trump during the summer of 2021, as archives officials were trying to get the materials sent to them. Mr. Philbin was trying to facilitate the return while avoiding being drawn further into the dispute, according to two people familiar with the events.

In a statement, Ben Williamson, a spokesman for Mr. Meadows, said, “Mr. Meadows did not personally review the boxes at Mar-a-Lago and did not have a role in examining or verifying what was or wasn’t contained within them.”

At The Washington Post, Ruth Marcus has a column on Jeffrey Clark, the DOJ employee whom Trump wanted to appoint as acting Attorney General in the wake of the 2020 election: The curious case of the strange man who was nearly attorney general.

The threat of losing his law license might be the least of Jeffrey Bossert Clark’s problems. Clark is the environmental lawyer who came just one contentious Oval Office meeting away from being installed as attorney general in the waning days of the Trump administration.

In June of this year, his home was searched by armed agents of the Justice Department’s Office of Inspector General and his electronic devices seized as part of a criminal investigation into false statements, conspiracy and obstruction of justice.

The next month, the D.C. bar launched disciplinary proceedings against him.

Even with all that, Clark’s astonishing, over-the-top response to the D.C. bar probe, released Monday, offers jarring new evidence of how bonkers the man who almost became attorney general actually is.

Clark was assistant attorney general for environment and natural resources and who, in the final weeks of the Trump administration, was put in charge of the civil division. President Donald Trump wanted him in the top job because Clark — unlike the rest of the department’s hierarchy — was eager and willing to pursue Trump’s false claims that he had won the election.

Attorney General William P. Barr, before resigning in December 2020, asserted that there was no evidence of election fraud sufficient to affect the results. Jeffrey Rosen, the acting attorney general, and Richard Donoghue, the acting number two, agreed with that conclusion.

horatio-henry-couldery-a-trio-of-kittens

A Trio of Kittens, by Horatio Henry Couldery

This didn’t deter Clark, although it was far outside his job description. He drafted a letter to Georgia Gov. Brian Kemp and other state officials asserting that the department had “identified significant concerns that may have impacted the outcome of the election in multiple states,” and urging them to call the legislature into special session.

Rosen and Donoghue refused to sign, telling Clark there was no such evidence; Clark persisted to the point of telling Rosen that Trump would name Clark as attorney general in his place so the letter could be sent. The whole scheme was derailed only after Trump was confronted with threats of mass resignations at the Justice Department.

Read the rest at the WaPo.

I’ll end with some articles about the Ron DeSantis’ exploitation of asylum seekers by sending them to Martha’s Vineyard, links only:

Raw Story: Lawmakers call for federal investigation of ‘cruel’ Ron DeSantis.

Jamelle Bouie at The New York Times: What the Martha’s Vineyard Stunt Says About the Trump Wannabes.

The Washington Post: A migrant landed on Martha’s Vineyard. A resident jumped in to help.

Miami Herald: This is how much Florida has paid an aviation company to relocate ‘unauthorized aliens.’

Have a great weekend, Sky Dancers!!


Lazy Caturday Reads: Empty Folders Marked Classified, WTF?!

1920 Théophile Alexandre Steinlen Cat and Her Kitten charcoal and pastel on paper 46 x 61 cm

Cat and kitten, by Théophile Alexandre Steinlen, 1920

Happy Caturday!!

Yesterday we got new information about the highly classified documents Trump stole from the government and carelessly left lying around his office at Mar-a-Lago. In her Friday post, Dakinikat wrote about the empty folders marked classified and the boxes containing classified documents mixed with news clippings, and personal items like clothing. The inventory from the search also shows thousands of unclassified government documents, which also belong in the National Archives.

From The Los Angeles Times: Trump search inventory shows empty folders marked ‘classified,’ mixed top-secret and unclassified items.

Twenty-seven documents with classified and top-secret markings were recovered from former President Trump’s office at his Mar-a-Lago estate in Florida, according to a detailed inventory of what the FBI removed during its court-approved search of the home last month.

The eight-page inventory detailing more than 10,000 government documents removed in the search includes the location where each item was found and whether it was classified, but not the subject matter. In many cases, highly classified materials are listed as having been stored in the same boxes as hundreds of unclassified items, including newspaper and magazine clippings and clothing.

Among the boxes were 48 empty folders marked with a classified banner. Those empty folders could be of particular concern as the Office of the Director of National Intelligence assesses the risks to national security that could result from disclosure of the contents, because it could be difficult to determine what information might have been inside and where it is now….

FBI agents removed more than 100 documents containing classified information — including some marked top secret and meant to be available only in special government facilities — from the Trump estate during their Aug. 8 search, along with over 30 boxes of materials including thousands of government records.

What was in those empty folders?

Identifying what was in the empty folders marked classified and where the information is now should be a priority, said Rep. Sean Patrick Maloney (D-N.Y.), a member of the House Intelligence Committee.

“Why are there folders that contained classified information that are now empty? Where are the documents?” Maloney said. “Those questions need to be answered.”

1899 Paul Gauguin Still LIfe with Flowers and Cats oil on canvas

Still LIfe with Flowers and cats, Paul Gauguin, 1899

Without knowing more about the folders, it is difficult to say how alarmed intelligence officials might be, Maloney said.

They could be the type of generic folders in which confidential information is transported within the White House, or they could be folders from intelligence agencies that provide details about the sources of the information, the date it was collected and broad descriptions of what it is about, said Larry Pfeiffer, a high-ranking CIA officer in the George W. Bush administration and senior director of the White House Situation Room in the Obama administration.

“If there were any meticulous records that were kept by the staff secretary, executive secretary or the [director of national intelligence’s] presidential daily briefing staff, they may be able forensically to figure out if there are any missing documents,” Pfeiffer said.

That 48 classified documents could be missing is the “worst-case scenario,” he said.

“That’s terrifying, because then what happened to them? Where are they? Are they still hidden somewhere? Are they hidden in another Trump location? Did he give them away to some people as souvenirs? God knows,” Pfeiffer said.

Raw Story reported on what experts are saying about the empty folders: ‘Unfathomably dangerous’: Former federal prosecutor on Trump’s empty folders warns ‘things just went from bad to worse’

Immediately after a federal judge released the Dept. of Justice’s detailed list of items the FBI seized from Mar-a-Lago experts agreed among the most concerning details was that there were a large number of empty folders marked “Classified.”

Glenn Kirschner, a former federal prosecutor of 30 years, tweeted out his surprise and concern.

“OMG!” exclaimed Kirschner, who is also an MSNBC/NBC News legal analyst. “Court just released an inventory of evidence of crime seized at Mar-a-Lago.”

“Dozens of EMPTY folders labeled ‘Classified’ or ‘Return to Military Aide.’ Trump didn’t pack up EMPTY folders to take with him to FLA. Things just went from bad to worse to unfathomably dangerous.” [….]

Andrew Weissmann, a former General Counsel of the Federal Bureau of Investigation who has also worked as chief of the criminal fraud section of DOJ observed: “It’s the empty classified folders that are of most concern.”

“Where are the contents? Trump has not addressed that at all in all his bluster and obfuscation. What were you doing with these?” asked Weissmann, who also worked for Special Counsel Robert Mueller….

National security attorney Brad Moss wrote, “Very first question the FBI would ask the person who had in their home office 43 empty folders with classified banners is ‘where did the documents from those folders go????'”

And later he added: “Why. Are. There. Empty. Folders?”

Young Girl with a Cat 1892, Berthe Morissot

Young Girl with a Cat 1892, Berthe Morissot

Analysis from Aaron Blake at The Washington Post: What we know about Trump and the empty folders.

We know very little about what this [the empty folders] means right now, though, and experts say it doesn’t necessarily mean the documents are missing, as some Trump critics theorized. What it does seem to reinforce is how sloppily classified information was handled.

In both the search warrant affidavit released last week and a Justice Department filing in a court case this week, the government has pointed to a February referral from the National Archives. The referral raised concerns about Trump’s potential mishandling of sensitive documents and urged an investigation.

“Of most significant concern was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified,” the National Archives said.

The biggest question is obviously: Why were those folders empty? Since classified documents were previously returned “unfoldered” — and others were recovered in the search last month — and now we have classified-marked folders without documents in them, it’s possible they match up.

Whether they actually do match is another matter, as is whether the documents can even be traced to a given folder.

From a national security expert:

David Priess, a former CIA officer whose work there included delivering the President’s Daily Brief, said Friday that the presence of empty folders doesn’t mean documents are missing, but also that it’s possible we won’t know for sure. He said the folders could contain markings allowing them to be traced to specific documents (but that’s not certain), or that they could be connected using forensic techniques.

“We cannot rule out that those empty folders contained classified documents that were not discovered in the search and seizure,” he said. “We just don’t know. That’s much harder to determine.”

He also noted it was possible that the folders were separated from the documents when they were still in the White House, before they were taken to Mar-a-Lago.

But mostly, he said, it’s further evidence of something we already knew: The documents were haphazardly stored.

There’s more analysis at the WaPo link.

Carl Kahler Family Portrait

Family Portrait, Carl Kahler

It’s not just the documents that were found in Trump’s office that were mishandled. The Washington Post published a long read yesterday on the storage room where boxes of documents were stored and why Mar-a-Lago was such a dangerous place for government documents to be kept: Deep inside busy Mar-a-Lago, a storage room where secrets were stashed. The storage room is below the estate’s giant living room.

It was dug into the foundations of the early 20th-century building not long after Trump bought the place, a former employee said, carved out to create more space to store tables, chairs, umbrellas — the stuff necessary to complete Trump’s conversion of what had once been a grand residence for a single family into a private club for 500 members.

At the southeast corner of this area, behind a simple door, is a large closet-type space that workers once called “the mold room” in honor of leftover stonework molds deposited in the corner, the former employee said. Today, staffers think of the room more like the former president’s personal closet, one said. It is here, in this windowless nook, where some of the nation’s most sensitive secrets allegedly were stashed….

Court filings say a top Justice Department official and a gaggle of FBI agents were allowed to tour the storage room when they visited Mar-a-Lago on June 3 to pick up classified documents collected by Trump’s lawyers in response to a grand jury subpoena. A lawyer for Trump saidthe room was where they would find all of documents that had been carted from the White House to Florida after Trump left office.

Two months later, agents returned with a court-approved search warrant and carted off more than two dozen boxes of documents and assorted other items gathered from the storage room and the former president’s office. The raid exposed anew the potential risks of keeping highly sensitive material at a club that hosts weddings, galas and other large events, where outsiders are common and many employees — as well as some visitors — are foreign nationals.

Not yet clear is why Trump chose the basement storage room to keep highly sensitive documents nor who exactly had access to the documents kept there — or who could have gotten access had they tried….

People close to Trump said a variety of Mar-a-Lago and Trump staffers had access to that area beneath the public living room. Access to the closet where the documents were kept was more restricted, they said.

1890-99c John White Alexander The Green Dress oil on canvas 99.1 x 53.3 cm Private Collection

John White Alexander, The Green Dress, 1890-99

More on security concerns at Mar-a-Lago:

Experts said security at the Spanish-style club has long been a headache. The facility has served a frequent residence for Trump and his family during the winter months, including while he was president. But it also boasts tennis courts, a dining room, two pools, a spa and beachfront facilities, all open to its members and their guests. Its giant ballroom and other larger areas are frequently booked for large parties and political and charitable fundraisers, all open to even more visitors, some of them foreign nationals.

Since Trump left office, Republican candidates also have flocked to the club for official events, to genuflect to Trump and attempt to secure his endorsement. Political donors have flocked, too. People who have visited the club since Trump left office said they were allowed in without so much as an identification check.

“I think Mar-a-Lago is a counterintelligence nightmare,” said Joel Brenner, former head of U.S. counterintelligence under the director of National Intelligence and former inspector general for the National Security Agency, citing the flow of hundreds of people, the presence of foreign nationals and Trump’s long-established carelessness with national secrets.

A person who is familiar with the club’s workings and spoke on the condition of anonymity described regular movement from club facilities to the basement and back. “This is an operating property,” this person said. “There’s a kitchen and a guy who does pastries and a liquor cabinet. There’s a restaurant here. You see activity. A guy getting vodka to bring to the bar. A person going to get cupcakes to bring upstairs.”

As I said, this is a very long, but interesting article.

Two more developments on the purloined documents story:

Bill Barr spoke out on the stolen documents investigation. The New York Times: Barr Dismisses Trump’s Request for a Special Master.

Former Attorney General William P. Barr dismissed former President Donald J. Trump’s call for an independent review of materials seized from his Florida home on Friday — and said an inventory of items recovered in the search last month seemed to support the Justice Department’s claim that it was needed to safeguard national security.

“As more information comes out, the actions of the department look more understandable,” Mr. Barr told The New York Times in a phone interview, speaking of the decision by the current attorney general, Merrick B. Garland, to seek a search warrant of the complex at Mar-a-Lago.

“It seems to me they were driven by concern about highly sensitive information being strewn all over a country club, and it was taking them almost two years to get it back,” said Mr. Barr, who resigned in December 2020, as Mr. Trump pushed him to support false claims that the election had been stolen.

“It appears that there’s been a lot of jerking around of the government,” he added. “I’m not sure the department could have gotten it back without taking action.”

Asked what he thought of the argument for the appointment of a special master, an independent arbiter to review the material that could delay the investigation, Mr. Barr laughed.

1909 Pierre Bonnard Children and a Cat oil on canvas 54.6 x 69.5 cm The Phillips Collection, Washington, DC

Pierre Bonnard, Children and a Cat, 1909

“I think it’s a crock of shit,” he said, adding, “I don’t think a special master is called for.” [….]

Mr. Barr’s comments, which echo the assessment of many Democrats and a few Republicans, including the former Bush adviser Karl Rove, came as Mr. Trump’s supporters tried to downplay the importance of the inventory unsealed by a federal judge in Florida.

The eight-page document, which was made public with the tacit assent of the former president’s lawyers, revealed that the F.B.I. recovered 11,179 documents or photographs without classification markings belonging to the government, and more than 100 others marked top secret, secret or confidential.

“It’s hard to wrap your head around him taking so much sensitive materials,” Mr. Barr said. “I was, let’s just say, surprised.”

Mark Meadows coughed up some records in the wake of the events at Mar-a-Lago. CNN: After Mar-a-Lago search, Meadows turns over more texts and emails to Archives.

Within a week of the FBI search of former President Donald Trump‘s Mar-a-Lago resort, former White House chief of staff Mark Meadows handed over texts and emails to the National Archives that he had not previously turned over from his time in the administration, sources familiar with the matter tell CNN.

Meadows’ submission to the Archives was part of a request for all electronic communications covered under the Presidential Records Act. The Archives had become aware earlier this year it did not have everything from Meadows after seeing what he had turned over to the House select committee investigating January 6, 2021. Details of Meadows’ submissions to the Archives and the engagement between the two sides have not been previously reported….

The records Meadows turned over to the Archives were not classified, and the situation is markedly different from the Archives’ efforts to retrieve federal records from Trump and its referral to the Justice Department earlier this year when classified materials were discovered among documents the agency retrieved from Mar-a-Lago.

The source familiar with the discussions said that the Archives considered Meadows to be cooperating, even though the process started slowly.

“This is how it’s supposed to work,” the source added, saying it was not the kind of situation that needed to be referred to the Justice Department.

As you can see, I’m still totally obsessed with the stolen documents story. There are actually other things happening, and I’ll post some more items in the comment thread. I hope you’ll do the same.