“His nose is already growing!” John (repeat1968) Buss
Good Day, Sky Dancers!
Today is the anniversary of the shameful January 6th treason and violence. It may seem quiet today, but the worst is yet to come. Not only is our new FARTUS (Felon, Adjudicated Rapist, and Traitor of the United States with total credit given to JJ) about to take the oath of office, but all these other traitors are about to be granted Presidential Pardons. My only solace is that I may eat King Cake now because today is also 12th night, the official start of the Mardi Gras Season.
These are degenerate times. That has a specific meaning in Buddhism. Lama Yeshe describes it like this. “It has five characteristics: short life spans, scarce means of subsistence, mental afflictions, strong wrong views, and weak sentient beings.” That’s a good enough explanation for me when thinking about what’s been going on lately.
I will rely on the columnists I read today because they make sense. Our media legacy has failed us. First up is Amanda Marcotte writing for Salon. I wrote something along these lines on Friday, but Amanda has thought more deeply. “Toxic masculinity links the New Orleans attacker and the Las Vegas bomber. Whether MAGA or ISIS, troubled men are getting sucked in by hateful online propaganda.”
Like so many men facing personal troubles, Jabbar didn’t get the help he needed. Instead, he turned to radicalizing voices online, which led him to believe that he needed to double down on toxic masculinity. It’s a story we hear over and over, from so-called incels who commit mass shootings to Donald Trump fans who attack government buildings to terrorists imbibing ISIS propaganda. Rather than taking responsibility for their personal failures and striving to do better, men of all stripes turn to the internet where they’re greeted by a sea of influencers, ready to tell them that it’s other people — women, people of different races or religions, the “woke mob” — that is to blame. In some cases, as happened here, they go far enough down the rabbit hole that they talk themselves into violence.
Thankfully, no one but the bomber was badly hurt in the Las Vegas suicide bombing that happened the same night as the Bourbon St. attack, but the parallels between Jabbar and Matthew Livelsberger aren’t hard to spot. Like Jabbar, Livelsberger was a troubled man who picked a highly symbolic location, blowing up a Cybertruck in front of a Trump hotel. Both men had checkered romantic histories, and Livelsberger appears to have told multiple people he feared he suffered from PTSD. Like Jabbar, Livelsberger seems to have acted on a belief that he was going out like a hero, standing up for his far-right ideology and using his death to call on fellow MAGA believers to commit acts of terrorism.
“Try peaceful means first, but be prepared to fight to get the Dems out of the fed government and military by any means necessary,” he wrote in his final manifesto. He declared the U.S. is “terminally ill and headed toward collapse,” complained that people don’t believe “[m]asculinity is good and men must be leaders” and made tired Twitter jokes calling Vice President Kamala Harris a “DEI candidate” and President Joe Biden “Weekend at Bernie’s.” He concluded, “Rally around the Trump, Musk, Kennedy, and ride this wave to the highest hegemony for all Americans!”
Livelsberger defensively insisted the bombing “was not a terrorist attack.” This sentiment is belied not just by the violence of the act itself and his calls for MAGA men to use violence because “a hard reset must occur for our country.”
It’s the 12th night, which means the members of Skull and Bones Krewes get up early to remind us of our mortality.
When Cis men fall apart, they can’t just go silently into the night, get help, or do something productive. They have to injure or kill innocents while killing themselves. They destroy more than their own lives. They have to leave some formal Mansplaining document that lets us know why it’s all our fault. These are generally misogynistic, at the very least. Most of them spew more bullshit and bile than the waste from slaughterhouses.
John Pavlovitz wrote this on December 12th in his Substack, The Beautiful Mess. “America Chose the Monster.”
To have cast a vote for him with all that we have seen is to declare war on decency, on equality, on any semblance of forthrightness or goodness. It is to double-down on the bigotry which was dismissed as hyperbole during his campaign but which has already been ratified hundredfold as he assembles his Cabinet picks and broadcasts his agenda.
To witness his absolute disregard for the Constitution, his violent allergic reaction to facts, his complete lack of empathy and to not condemn it all becomes an indictment of one’s own heart. It becomes an act of aggression against humanity.
The are truths that are self-evident in the light of these days:
A viable healthcare alternative is not coming.
Taxes for the middle class are not coming down.
Project 2025 is going to be implemented.
Mexico is still not paying for the wall.
Immigrants are going to being persecuted.
Protections for those with special needs are evaporating.
The poor are getting thrown to the lions.
Public schools are being thrown under the bus.
The elderly are being left to fend for themselves.
The environment is being willfully set on fire.
The economy is going to be compromised.
The whole system is being intentionally blown-up.
The rule of Law in our Government is being trod upon.
Aside from the smallest percentage of the wealthiest in this nation, no one is going to be healthier, safer, or more financially secure.
This is a nonpartisan tragedy.
We all do impulsive things when we are terrified, when it’s dark and we’re convinced there’s a monster under the bed. But eventually the light comes on and we have reality at our disposal and we get to choose to see things as they are. I can’t fathom those presently determined to stay in the dark, to pretend they’re not seeing what they’re seeing—when what they’re seeing is a danger to them too.
It’s morning here in America, friends. The brilliant light of day is illuminating every dark corner and exposing every unsavory decision from the night before.
For a myriad of reasons, America chose the monster. It chose the hatred, the fear, the nihilism, the separation. The question of why is too sprawling and nebulous to answer.
And with the coming of this Monster comes more monsters. Former Capitol Police Officer Michael Fanone reminds us about the kind of people that will be put back on the street when the mass pardon of traitors begins. This is from HuffPo. “Cowards, Liars And Jan. 6: Former Officer Michael Fanone Speaks Out As Trump’s Return Looms.
“I don’t believe we live in a democracy anymore,” says Michael Fanone, who was nearly killed by Trump supporters four years ago.”
“There’s no doubt in my mind that he got away with inciting an insurrection as well as defrauding the American people and attempting to subvert democracy,” Fanone told HuffPost during a phone interview just ahead of the fourth anniversary of the Capitol riot.
“I don’t believe we live in a democracy anymore,” Fanone said. “I believe democracy in this country is dead, and it died when the Supreme Court granted the president of the United States immunity for official acts and then failed to define what the fuck official acts are.”
The Supreme Court’s ruling in Trump v. United States in July found that as long as something could be shaded as an “official” act, prosecution was off the table.
The ruling obliterated key parts of the criminal indictment brought against Trump in the Jan. 6 case by then-special counsel Jack Smith. And Trump’s victory in November means he’ll likely never face federal charges.
Shortly after the presidential election, Smith dismissed the case without prejudice ― meaning it could theoretically come back to life one day ― but Fanone’s faith in the justice system is already shattered. He called Attorney General Merrick Garland an “absolute coward.”
“Listen, people say I’m naive or I don’t know how these things work, but I was a cop for 20 years. Not only was I a cop, I was a cop in Washington, D.C. Our prosecutors were federal prosecutors. I worked with the [Department of Justice] every single day for 20 years. I know exactly how that institution and organization works. The decision not to pursue an investigation into Trump was all political,” Fanone said. “The investigation should have been launched on Jan. 7, 2021.”
Fanone was Trump-friendly before the J6 Insurrection and voted for him in 2016.
Senator John Thune from South Dakota is the new bad guy in charge of the Senate. We’re already getting some idea of how bad it’s going to be since he appears to be whipping the caucus for the gross number of idiots Trump wants in his cabinet. This is from The Hill. “Thune says it’s unclear whether all Trump Cabinet picks will be confirmed.” Some of the most worrying of them have to deal with National Security.
John Thune on Trump possibly pardoning J6 insurrectionists who assaulted police officers: "That's ultimately gonna be a decision that President Trump is gonna have to make. What I'm focused on is the future."
Thune joined NBC News’s “Meet the Press” for an interview that aired Sunday, as he took the lead of the upper chamber at the start of the 119th Congress.
“What I’ve promised them is a fair process,” Thune said of Trump’s picks. “And so, these nominees are going to go through a committee where they’re going to have to answer questions. There will be some hard questions posed.”
Thune highlighted the desire to provide Trump with the Cabinet he wants but noted that the Senate has a role to “advise and consent,” particularly regarding his national security choices.
“We have a lot of our senators who take that role very seriously,” he said. “And so, we will make sure that these nominees have a process, a fair process, in which they have an opportunity to make their cases not only to the members of the committee and ultimately to the full Senate but also to the American people.”
Thune wouldn’t confirm whether he would vote for or against any of Trump’s nominees, including some particularly controversial choices like Kash Patel to lead the FBI, former Rep. Tulsi Gabbard (Hawaii) for director of national intelligence and Pete Hegseth for Department of Defense.
Thune said he’s met with some of Trump’s nominees, and there are “some” that he has been “really, really impressed” by.
Senate Majority Leader John Thune has privately told President-elect Donald Trump that he believes Pete Hegseth will have the votes to be confirmed as Secretary of Defense, according to three sources.
When asked for comment, a spokesman for Thune would only tell CBS News, “Two things we don’t discuss publicly: Whip counts and private conversations with the president.”
“I think these are nominees who are new enough, they’ve been going around and conducting their meetings, which I think, frankly, have gone very well, but they still have to make their case in front of the committee. And, you know, we don’t know all the information about some of these nominees.”
Hegseth’s confirmation hearing is scheduled for Jan. 14, according to Senate Armed Services Chairman Roger Wicker.
Just so you know, future FBI Director Kash Patel is still making the rounds in the Senate Building. “Kash Patel Believes the FBI Planned Jan. 6th. His embrace of this wild conspiracy theory should disqualify him from leading the bureau.” This is from The Bulwark.
“WHAT WAS THE FBI DOING PLANNING January 6th for a year?”
Kash Patel, President-elect Donald Trump’s nominee to serve as FBI director, asked that question during a November 25, 2022 episode of his Kash’s Corner podcast for the Epoch Times. It was no slip of the tongue. As the title of that episode suggested—“What Did the FBI Know Before Jan. 6?”—Patel spent considerable time trying to cast the FBI as a villain responsible for January 6th. Patel noted that FBI Director Christopher Wray had “testified that the FBI never instigated or helped the January 6th protesters commit crimes.” But citing a report that the FBI had confidential human sources in the crowd, Patel asserted: “Okay, well, that was in planning for at least a year.”
Our review of Patel’s public appearances over the past four years reveals that he has repeatedly insinuated or argued that the FBI used its confidential human sources or employees to instigate the January 6th attack on the U.S. Capitol and entrap Trump’s supporters. Patel has claimed (as in the podcast episode above) that what he calls the “FBI’s Confidential Human Source Corruption Coverup Network” was somehow involved with January 6th. That is not only an insult to the memory of that day; it should be disqualifying for him to helm the bureau.
During the September 30, 2022 episode of Kash’s Corner, for instance, Patel said: “The question that has to be answered is, when did the FBI put those guys in, and where? And did those confidential human sources engage people who are not going to conduct criminal activity and convince them to do so?” Patel claimed that “is the definition of entrapment, which is illegal, and you can’t charge someone who’s been entrapped.” And he wondered who “was running this confidential human source network” and reporting it to FBI Director Chris Wray.
Patel added he would “venture a guess” that “once we see the documentation from January 6th, you will see the FBI’s confidential human source corruption coverup network on blast.” And he accused the FBI of inserting these human sources “into these matters.” Patel asked rhetorically: “Why? Why would you say January 6th? Because they wanted a political target, a political prosecution, not one based on law and fact.”
The man who could lead Trump’s FBI has failed to substantiate these wild accusations, which are contradicted by other evidence and by common sense. Regardless, he has frequently advanced this conspiracy theory, using his background as a former federal prosecutor and public defender—key credentials used to buttress his nomination—to provide it with a veneer of credibility.
An extensive amount of documentation is provided in the article. It’s not a fun read.
ProPublica has published another astounding piece of journalism. This is long and shocking. It gets to the heart of Trump’s rabid base. Again, this is the heart of Toxic Masculinity. “The Militia and the MoleOutraged by the Jan. 6 Capitol riot, a wilderness survival trainer spent years undercover climbing the ranks of right-wing militias. He didn’t tell police or the FBI. He didn’t tell family or friends. The one person he told was a ProPublica reporter.”
So I pored over his files, tens of thousands of them. They included dozens of hours of conversations he secretly recorded and years of private militia chatlogs and videos. I was able to authenticate those through other sources, in and out of the movement. I also talked to dozens of people, from Williams’ friends to other members of his militias. I dug into his tumultuous past and discovered records online he hadn’t pointed me to that supported his account.
The files give a unique window, at once expansive and intimate, into one of the most consequential and volatile social movements of our time. Williams penetrated a new generation of paramilitary leaders, which included doctors, career cops and government attorneys. Sometimes they were frightening, sometimes bumbling, always heavily armed. It was a world where a man would propose assassinating politicians, only to spark a debate about logistics.
Federal prosecutors have convicted more than 1,000 people for their role in Jan. 6. Key militia captains were sent to prison for a decade or more. But that did not quash the allure that militias hold for a broad swath of Americans.
Now President-elect Donald Trump has promised to pardon Jan. 6 rioters when he returns to the White House. Experts warn that such a move could trigger a renaissance for militant extremists, sending them an unprecedented message of protection and support — and making it all the more urgent to understand them.
(Unless otherwise noted, none of the militia members mentioned in this story responded to requests for comment.)
Williams is part of a larger cold war, radical vs. radical, that’s stayed mostly in the shadows. A left-wing activist told me he personally knows about 30 people who’ve gone undercover in militias or white supremacist groups. They did not coordinate with law enforcement, instead taking the surveillance of one of the most intractable features of American politics into their own hands.
Skeptical of authorities, militias have sought to reshape the country through armed action. Williams sought to do it through betrayals and lies, which sat with him uneasily. “I couldn’t have been as successful at this if I wasn’t one of them in some respects,” he once told me. “I couldn’t have done it so long unless they recognized something in me.”
The last thing I want to post about is the Washington Post. The newspaper is hemorrhaging reporters, and Pulitzer Prize-Winning Political Cartoonist Ann Telnaes quit because Bezos axed her submission. The raw sketch is featured on the right. It’s also begun layoffs. This happens when greedy Tech Bros take over things they know nothing about. This is from Oliver Darcy’s Status. “Paper Cuts. The Washington Post is expected to lay off dozens of staffers this week, Status has learned.”
Layoffs are expected to rock The Washington Post this week, according to people familiar with the matter.
The layoffs are slated to hit the Jeff Bezos-owned and Will Lewis-led newspaper’s business division, I’m told. One person familiar with the matter said that the cuts will be deep, impacting many dozens of employees.
The layoffs will surely deplete morale further inside the beleaguered newspaper, which has suffered a talent exodus over the last several weeks. As I reported earlier, star reporter Josh Dawsey will exit The Post for a job at The Wall Street Journal. His departure comes on the heels of other top staffers fleeing, including Matea Gold, Ashley Parker, Michael Scherer, Charles Lane, Tyler Pager, and Amanda Katz.
A spokesperson for The Post didn’t have an immediate comment. But The Post has been in poor financial shape in recent years, a fact that management has not hidden from employees. Those financial problems were exacerbated when Bezos blocked The Post’s planned endorsement of Kamala Harris ahead of the November election, a move that led to more than 250,000 readers canceling their subscriptions.
I’ve been a bit on the gratuitous Buddhism-sharing thing today, which I try not to overdo, but this quote from Chamtral Rinpoche hit me hard last night.
The biggest threat to our world are not human beings per se. The biggest threat is each individual person’s level of greed. One extremely greedy person can harm our world more than a million people who practice contentment.
Drinking salt water will never quench your thirst. The more you drink, the thirstier you will become. Likewise, greed will never bring you satisfaction, as it will cause an endless pursuit of material wealth to the detriment of our world and all of the beings who inhabit it.
Always remember that the greedier you are, the more you and others will suffer, and the poorer you will become inside. But the more contentment that you have, the more you and others will benefit, and the richer you will become inside.
We will have to cultivate inner peace to get through all of this. I’ve already cut down on my TV News viewing. I have a mature meditation practice (since the 1970s), so I have that. Of course, the furbabies and the Zoom calls from the Granddaughters put a smile on my face. I’m just trying to stay in the moment. I hope you can find a way to cope with this all. I’ve been listening to a lot of modern classic piano. This piece by Lambert comes from an album called “Sweet Apocalypse.” It’s beautiful and relaxing, and the name is appropriate for the times; it was recorded in 2017 during this first stint of anguish.
Talk to me about how you’re coping with this blast of kleptocracy, kakistocracy, and idiocracy?
What’s on your reading and blogging list?
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Lesley Ivory, Dandelion, Snowdrop and the Devon Christmas Market
The House and Senate passed the bill to fund the government for 3 more months, thanks to Democratic votes. After unelected President Musk sabotaged the original bipartisan bill, it was touch and go, but the House and Senate both passed a compromise spending bill at the very last minute last night. The Hill: House passes bill to avert government shutdown after whirlwind funding fight.
The House approved legislation to avert a government shutdown hours before the deadline Friday, sending the bill to the Senate for consideration after a whirlwind week on Capitol Hill.
The chamber voted 366-34-1 in support of the legislation, clearing the two-thirds threshold needed for passage since GOP leadership brought the bill to the floor under the fast-track suspension of the rules process. All Democrats except one — Rep. Jasmine Crockett (Texas), who voted present — joined 170 Republicans in voting yes….
Speaker Mike Johnson (R-La.), after the vote, lauded the legislation as “‘America First’ legislation because it allows us to be set up to deliver for the American people.”
“In January, we will make a sea change in Washington. President Trump will return to D.C. and to the White House, and we will have Republican control of the Senate and the House. Things are going to be very different around here. This was a necessary step to bridge the gap, to put us into that, that moment where we can put our fingerprints on the final decisions on spending for 2025,” he said.
The package — which Johnson rolled out shortly before the vote — would fund the government at current levels through March 14, extend the farm bill for one year and appropriate billions of dollars in disaster relief and assistance for farmers.
The legislation does not, however, include language to increase the debt limit, an eleventh-hour demand from President-elect Trump that hurled a curveball into the sensitive government funding negotiations.
The Senate approved legislation to avert a federal government shutdown just after a midnight deadline, capping a chaotic week in which President-elect Donald J. Trump blew up a bipartisan spending deal, only to see his own preferred plan collapse as Republicans defied him.
President Biden is expected to sign the measure, which would extend funding into mid-March and approve disaster relief for parts of the nation still recovering from storms. The White House said early Saturday that it was not instituting a government shutdown, even though funding to run the government technically ran out at midnight.
The Senate passed legislation late Friday that would reauthorize pared-back funding for childhood cancer research after the bipartisan program briefly became a political flash point.
The Senate’s version of the Gabriella Miller Kids First Research Act 2.0 was originally tacked on to a 1,547-page short-term stopgap government funding bill congressional leaders unveiled Tuesday. The program was dropped from the compromise measure after billionaire Elon Musk and President-elect Donald Trump claimed the deal contained unnecessary spending.
Democrats specifically highlighted the cut in cancer research to suggest the GOP favored tax cuts and the bottom line over sick children.
Legislation to expand Social Security benefits to millions of Americans passed the U.S. Senate early Saturday and is now headed to the desk of President Biden, who is expected to sign the measure into law.
Senators voted 76-20 for the Social Security Fairness Act, which would eliminate two federal policies that prevent nearly 3 million people, including police officers, firefighters, postal workers, teachers and others with a public pension, from collecting their full Social Security benefits. The legislation has been decades in the making, as the Senate held its first hearings into the policies in 2003.
“The Senate finally corrects a 50-year mistake,” proclaimed Senate Majority Leader Chuck Schumer, a Democrat from New York, after senators approved the legislation at 12:15 a.m. Saturday.
The bill’s passage is “a monumental victory for millions of public service workers who have been denied the full benefits they’ve rightfully earned,” said Shannon Benton, executive director for the Senior Citizens League, which advocates for retirees and which has long pushed for the expansion of Social Security benefits. “This legislation finally restores fairness to the system and ensures the hard work of teachers, first responders and countless public employees is truly recognized.”
The vote came down to the wire, as the Senate looked to wrap up its current session. Senators rejected four amendments and a budgetary point of order late Friday night that would have derailed the measure, given the small window of time left to pass it.
Explanation of the Social Security Fairness Act:
The Social Security Fairness Act would repeal two federal policies — the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) — that reduce Social Security payments to nearly 3 million retirees.
That includes those who also collect pensions from state and federal jobs that aren’t covered by Social Security, including teachers, police officers and U.S. postal workers. The bill would also end a second provision that reduces Social Security benefits for those workers’ surviving spouses and family members. The WEP impacts about 2 million Social Security beneficiaries and the GPO nearly 800,000 retirees.
The measure, which passed the House in November, had 62 cosponsors when it was introduced in the Senate last year. Yet the bill’s bipartisan support eroded in recent days, with some Republican lawmakers voicing doubts due to its cost. According to the Congressional Budget Office, the proposed legislation would add a projected $195 billion to federal deficits over a decade.
This week’s installment of the long-running saga, “House Republicans cannot govern,” will soon be forgotten. Elon Musk’s decision to blow up a bipartisan agreement to keep the government funded through the sheer power of posting (and the latent threat posed by his immense wealth), Donald Trump suddenly calling for the abolition of the debt limit, House Republican Chip Roy telling his colleagues that they lack “an ounce of self-respect” — all these dramas will surely give way to even more ridiculous ones in the new year.
But this week’s government funding fight also revealed something that could have profound implications for the next four years of governance: Trump’s power over the congressional GOP is quite limited.
This did not appear to be the case just days ago. On Wednesday, Trump joined Elon Musk in calling on House Republicans to scrap a bipartisan spending deal that would have kept the government funded through March, increased disaster relief, and funded pediatric cancer research, among many other things. Despite the fact that the GOP needs buy-in from the Senate’s Democratic majority in order to pass any legislation — and failure to pass a spending bill by Saturday would mean a government shutdown — House Republicans heeded Trump’s call to nix the carefully negotiated compromise.
If Trump had little difficulty persuading his co-partisans to block one spending bill, however, he proved less adept at getting them to support a different one.
On Thursday, in coordination with Trump, the House GOP unveiled a new funding bill, one shorn of all Democratic priorities. Over social media, the president-elect instructed his party to “vote ‘YES’ for this Bill, TONIGHT!” Then, 38 House Republicans voted against the legislation, which was more than enough to sink it amid nearly unified Democratic opposition.
House conservatives’ defiance of Trump is partly attributable to ideological differences. The president-elect’s objections to Wednesday’s bipartisan agreement were distinct from those of his donor Elon Musk or the House GOP’s hardliners. The latter disdained the spending bill’s page count and fiscal cost. Trump, by contrast, appeared more preoccupied with the legislation’s failure to increase — or eliminate — the debt limit.
Trump wanted the debt limit raised for his first two years so he could give more tax cuts to billionaires, but Republicans refused to go along with that. Read the rest at Vox.
The latest shock posting from President Musk was a tweet supporting a neo-Nazi party in Germany. Then last night a man who is a fan of both AfD and Musk perpetrated a deadly terror attack. Dakinikat wrote about this yesterday.
At least five people were killed and more than 200 wounded after a man plowed a car into a Christmas market in the central German city of Magdeburg, German leaders said Saturday, hours after authorities identified the suspect as Taleb al-Abdulmohsen, a 50-year-old Saudi doctor who officials said had expressed anti-Islamic views.
Reiner Haseloff, the premier of the state of Saxony-Anhalt, confirmed the new toll during a visit to the scene of Friday’s incident. A child is among the dead.
German Chancellor Olaf Scholz, who appeared alongside Haseloff, said almost 40 of the casualties “are so seriously injured that we must be very worried about them.”
Getting Together, by Pat Scott
Scholz noted that the attack took place just days before Christmas, and that normally “there is no place more peaceful or cheerful than a Christmas market.”
“What a terrible act it is, to kill and injure so many people with such brutality,” Scholz said, adding that it is important that the country “stays together” and did “not allow those who wish to sow hate” to do so.
The suspect, Abdulmohsen, who arrived in Germany in 2006, had expressed anti-Islam views and described himself as a Saudi dissident, according to a German official, who spoke on the condition of anonymity to discuss an open investigation.
Interior Minister Nancy Faeser told reporters Saturday the investigation was ongoing, and “we can only say with certainty that the perpetrator was obviously Islamophobic,” according to Zeit newspaper and Reuters news agency.
The jealousy bone might appeared to have bitten Elon Musk Wednesday, as he reportedly crashed the widely publicized dinner between President-elect Donald Trump and Amazon CEO Jeff Bezos.
Trump’s Mar-a-Lago hosted the dinner dinner for the politician and billionaire, but the two didn’t have privacy for long before Musk appeared. According to the New York Times, the X CEO “was not initially expected to be part of the dinner but joined as it was underway.”
Reactions online to the apparent power move were swift and cutting, with late night hosts and social media commentators mocking Musk as “deranged” and “creepy,” among other unflattering conclusions. The tech mogul was dragged up and down, with many saying it seemed like he was worried about his ongoing “bromance” with the president-elect.
“This two-week bromance is going to fall apart more spectacularly than any in history,” journalist and author Seth Abramson wrote on Bluesky. “Elon Musk is so deranged and creepy — and such a clueless stalker — that he actually crashed a private dinner between Donald Trump and Musk rival Jeff Bezos. I can’t imagine how livid that made both Trump and Bezos.”
He continued his post: “What it also confirms is that Musk not only has no boundaries and believes himself Trump’s superior but has no intention of permitting any other plutocrat to squeeze more juice out of Trump than him. Showing up at that dinner uninvited is a power play intended to cow both other oligarchs and Trump.”
Musk’s choice to crash Trump and Bezos’ meal was a dinner bell to the various late night hosts out there, as well. Just about every single one of them had a joke or two to crack at Musk’s expense this week, with Seth Meyer’s warning Trump he got “‘Cable Guy’-ed” – a reference to the 1996 Jim Carrey stalker comedy.
“Oh my god, you let him do you a favor, and now you can’t get rid of him — you got ‘Cable Guy’-ed by Elon Musk,” Meyers said. “Every time you look out that little keyhole, he gonna be there.”
Jimmy Fallon pondered how these two rival billionaires could claim custody of the president-elect. The answer came from another ’90s classic: “Air Bud.”
“To settle who he loves more, Elon and Bezos are going to put Trump down in the middle of the room and see who he goes to first: ‘All right, here boy!’” Fallon joked.
A nearly two-year investigation by Democratic senators of supreme court ethics details more luxury travel by Justice Clarence Thomas and urges Congress to establish a way to enforce a new code of conduct.
Any movement on the issue appears unlikely as Republicans prepare to take control of the Senate in January, underscoring the hurdles in imposing restrictions on a separate branch of government even as public confidence in the court has fallen to record lows.
The 93-page report released on Saturday by the Democratic majority of the Senate judiciary committee found additional travel taken in 2021 by Thomas but not reported on his annual financial disclosure form: a private jet flight to New York’s Adirondacks in July and a jet and yacht trip to New York City sponsored by billionaire Harlan Crow in October, one of more than two dozen times detailed in the report that Thomas took luxury travel and gifts from wealthy benefactors.
The court adopted its first code of ethics in 2023, but it leaves compliance to each of the nine justices.
“The highest court in the land can’t have the lowest ethical standards,” the committee’s chair, Senator Dick Durbin of Illinois, said in a statement. He has long called for an enforceable code of ethics.
Republicans have said the investigation is a way to undermine the conservative majority court, and all the Republicans on the committee protested against the subpoenas authorized for Crow and others as part of the investigation. No Republicans signed on to the final report, and no formal report from them was expected.
Thomas has said that he was not required to disclose the trips that he and his wife, Ginni, took with Crow because the big donor is a close friend of the family and disclosure of that type of travel was not previously required. The new ethics code does explicitly require it, and Thomas has since gone back and reported some travel. Crow has maintained that he has never spoken with his friend about pending matters before the court….
The investigation found that Thomas has accepted gifts and travel from wealthy benefactors worth more than $4.75m by some estimates since his 1991 confirmation and failed to disclose much of it. “The number, value and extravagance of the gifts accepted by Justice Thomas have no comparison in modern American history,” according to the report.
Justice Clarence Thomas failed to disclose two additional trips from a billionaire patron than have previously come to light, Senate Democrats revealed on Saturday after conducting a 20-month investigation into ethics practices at the Supreme Court.
The findings were part of a 93-page report released by Democratic staff members of the Judiciary Committee along with about 800 pages of documents. It said the two trips, both of which had been previously unknown to the public, took place in 2021 and were provided by Harlan Crow, a real estate magnate in Texas and a frequent patron of Justice Thomas’s.
One trip took place that July by private jet from Nebraska to Saranac, N.Y., where Justice Thomas stayed at Mr. Crow’s upstate retreat for five days. The other came in October, when Mr. Crow hosted Justice Thomas overnight in New York on his yacht after flying him from the District of Columbia to New Jersey for the dedication of a statue.
The disclosures were one of the few new revelations in a report that otherwise largely summarized information about largess accepted by justices — and failures to disclose it — that had already become public. Justice Thomas had not disclosed the trips, even after refiling some of his past financial forms, and the committee learned about them through a subpoena to Mr. Crow, the report said.
Read more details about the investigation at the NYT link.
That’s all I have for you today; I’ll be back here on Wednesday, December 25, Christmas Day. Best wishes to all of you.
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“Nice of All The King’s Men to provide their exalted Royal with an easy-to-read version of Project 2025 with lots of pictures.” John Buss, @repeat1968
Good Day, Sky Dancers!
I spent some time this weekend talking to happy and relieved friends from the UK and France. I cannot say that anyone I know in this country is either happy or relieved right now. For the first time in 40 years, the Tories lost control. One of my friends, a retired secondary school teacher for a Catholic school in the Midlands, expressed joy at the possibility of what’s ahead. Can you imagine that feeling here? The BBC is reporting on what’s up next as the new government is formed.
Sir Keir Starmer is the UK’s new prime minister, after his Labour Party swept to power in a landslide general election victory.
The Conservative Party suffered a dramatic collapse after a tumultuous 14 years in power, which saw five different prime ministers run the country. It lost 250 seats over the course of a devastating night.
Rishi Sunak – the outgoing PM – accepted responsibility for the result and apologised to defeated colleagues during a brief statement outside a rainy 10 Downing Street. He said he would resign as party leader in the coming weeks.
In his first speech as prime minister after greeting dozens of jubilant Labour supporters who had lined Downing Street, Sir Keir vowed to run a “government of service” and to kick start a period of “national renewal”.
“For too long we’ve turned a blind eye as millions slid into greater insecurity,” he said. “I want to say very clearly to those people. Not this time.”
“Changing a country is not like flicking a switch. The world is now a more volatile place. This will take a while, but have no doubt the work of change will begin immediately.”
The French are also celebrating in the streets. I discussed the results with my exchange High School French Teacher, who also taught in Southeast Asia and was in Vietnam with his now wife when Saigon fell. They presently run a Vietnamese restaurant in Nice. He expressed relief. This report is by CNN’s Christian Edwards. “What happened in France’s shock election, and what comes next?”
It was meant to be a coronation. Crowds of supporters had crammed into election night events at the RN party HQ in Paris and at outposts all over the country, to watch the moment many felt had been decades in the making: Confirmation that their party, and its long-taboo brand of anti-immigrant politics, had won the most seats in the French parliament.
That wasn’t to be. The fervent atmosphere soured as supporters saw the RN had slumped to third place. Jordan Bardella, the 28-year-old leader handpicked by Le Pen to freshen the party’s image and purge it of its racist and antisemitic roots, was dyspeptic. He railed against the “dangerous electoral deals” made between the NFP and Ensemble which had “deprived the French people” of an RN-led government.
“By deciding to deliberately paralyze our institutions, Emmanuel Macron has now pushed the country towards uncertainty and instability,” Bardella said, dismissing the NFP as an “alliance of dishonor.”
“Of course the conflicted convicted felon claims to know nothing about Project 2025.” John Buss, @repeat1968
Well, Bardella sounds rather grumpy Trumpy, doesn’t he? Still, both of our oldest allies have shown us the path away from Donald and MAGA. Notice it means we have to absolutely swamp the voting booths. It appears that Project 2025 is scaring Americans, which it rightly should. Amplification of the Fascist Manifesto has gotten us to the point that Donald denies he knows anything about it. Historian Timothy Synder has an excellent analysis of the situation in his Thinking About Substack. “Fascism and Fear. The Moment, The Media, The Election.”
It should seem odd that media calls to step down were not first directed to Trump. If we are calling for Biden to step aside because someone must stop Trump from bringing down the republic, then surely it would have made more sense to first call for Trump to step aside? (The Philadelphia Inquirer did). I know the counter-arguments: his people wouldn’t have cared, and he wouldn’t have listened. The first misses an important point. There are quite a few Americans who have not made up their minds. The second amounts to obeying in advance. If you accept that a fascist is beyond your reach, you have normalized your submission.
When media folks describe discussions among Democrats as chaos and disarray, they are implicitly suggesting that it is better for a leader of a party to never be questioned. (Why, after all, is being part of an array a good thing?) An obvious point goes missed: Democrats can say what they want, because none of them is afraid. And that is good! Governor Maura Healey can express her dissent and Joe Biden can express his frustration with her — but no one is worried about her physical safety.
Trump, by contrast, controls his party through stochastic terror, threats issued through social media that his cult followers can be expected to realize. Republicans leave politics because they fear for themselves and their families. Those who remain all obey in advance. That is new, and it should not be normal, and it should not spread any further. But it becomes normal when we treat discussions, and not coercion, as abnormal.
If I am right that much of the energy behind the Biden pile-on is displaced fear of a regime change, much of the media will continue to generate fascist froth for Trump, whether or not Biden is the Democratic nominee — unless, of course, journalists confront their fears, and keep the issue of regime change inside the story, and provide a constructive alternative alongside personal criticism.
Jim VandeHei and Mike Allen of Axios focus on “Behind the Curtain: Trump’s dream regime.”
So let’s dig into each component of the Republican fantasy:
A strong president indifferent to pressure. Well, that’s Trump. He has long held that his power in office is virtually unchecked. The Supreme Court just added another layer of protection. The Justices ruled in Trump v. U.S. that presidents enjoy immunity from criminal prosecution for actions within their core constitutional duties, and presumptive immunity for other official acts. It’ll take years to sort out the elasticity of immunity — but it’s wide.
A compliant, Republican-controlled Congress. It’s a coin toss who wins the House and Senate this year — much like it has been throughout this era of a 50-50 America. The Senate looks promising for the GOP, thanks to a favorable map that has Democrats playing defense in deep-red West Virginia, Montana and Ohio, plus five swing states. The House is harder, mainly because there are lots more Republicans in Biden-won districts than vice versa.
A conservative Supreme Court. A 6-3 majority is significant, as the most recent decisions showed. It was the six Republican-appointed justices who expanded presidential power. The three Democrats warned of a looming monarchy.
A weakened administrative state. The Court, in a series of rulings but most notably the reversal of the Chevron decision, handed Republicans a massive triumph in a 40-year war to weaken independent agencies. It basically ruled that individual bureaucrats and independent agencies can no longer set the rules for business regulation.
Purge hostile federal employees. Right now, a lot of the nitty-gritty of governing is handled by full-time civil servants who aren’t political appointees and often operate outside the full control of the president. But Trump has threatened to firetens of thousands of these civil servants and replace them with pre-vetted loyalists.
The intrigue: Trump last week tried to distance himself from the Heritage Foundation’s Project 2025, which is recruiting loyalists to help carry out radical plans to transform the U.S. government.
He claimed to “know nothing about Project 2025.” Truth is, Project 2025 was largely written by his allies and encapsulates a lot of what he hopes to do — and how he might do it, longtime Trump officials tell us.
Instead of continually polling about Biden’s age and debate performance, why don’t they poll on Project 2025? Frankly, if I were up there on the campaign staff right now, I’d actually be pushing polling on it. Donald is aware of how much of the language plays with mainstream America. This Washington Post article by Michael Scherer and Josh Dawsey makes me wonder what the result could be. “Trump proposes scaled-back platform that softens language on abortion, same-sex marriage. The draft was circulated Monday among members of the 2024 Republican convention platform committee. It will be discussed and voted on later this week.”
The 2024 Republican convention platform committee quickly adopted the plank that Donald Trump and his aides had drafted during a meeting Monday in Milwaukee, despite the concerns of some antiabortion activists that the document stopped short of explicitly calling for a constitutional amendment to give embryos or fetuses constitutional rights and does not call for any national bans on abortion.
The final vote, according to a person who spoke on the condition of anonymity to describe the closed-door proceedings, was 84-18.
The document, with a long introduction in the voice of Trump, the presumptive nominee, says that existing constitutional rights to due process grants states the power “to pass laws protecting those rights.”
“After 51 years, because of us, that power has been given to the states and to a vote of the people,” the document says, according a copy of the document obtained by The Washington Post. “We will oppose late term abortion while supporting mothers and policies that advance prenatal care, access to birth control, and IVF (fertility treatments).”
The document was presented Monday to members of the Republican convention platform committee, a group handpicked by leaders of the Trump campaign that includes some members who want stronger language around abortion. The 2016 platform, which Trump used in his 2020 reelection campaign, called for a constitutional amendment to affirm the constitutional due process rights of embryos and fetuses, and a national law that would ban abortion, with some exceptions, after about 20 weeks of gestation.
Trump has changed his position on the issue since that Supreme Court overturned the fundamental right to the procedure in earlier stages of pregnancy. He now argues that each state should come up with its own regulations. He no longer calls for a constitutional amendment that would bar all states from allowing the procedure, a point of contention for many antiabortion activists.
If the justices did not wield such awesome power, and if lawyers who practice before them did not have to treat them with ritualized obsequiousness, most of the justices would be laughingstocks. Few people this famous are so ostentatiously bad at their jobs.
I used to believe that Trump and his followers and the Federalist Society, the conservative legal group that played an enormous role in choosing his judges, were two distinct authoritarian movements that shared power during Trump’s four years in office. The MAGA movement is a cult of personality that seeks to elevate a singularly chaotic man. The Federalist Society and its allies prefer a distinctly lawful tyranny that still follows predictable rules.
But then the Federalist Society’s picks took over the Supreme Court. And they have behaved so haphazardly, with such eagerness to smash institutions built over decades or even centuries, that it’s hard to see them as anything other than Donald Trump with a law degree. Unlike Trump, the Court’s Republican majority speaks in polished legal prose when they decide to hurl decades worth of settled expectations into the sun. But their behavior on the bench is no less chaotic than that of the insurrectionist president who appointed half of them.
Worse, the United States has what might be called a Dunning-Kruger Supreme Court — after the psychological phenomenon where incompetent people fail to recognize their own incompetence.
The justices aren’t just very bad at their jobs; they appear to be blissfully unaware of just how terrible they are at those jobs. How else can one explain, say, their decision to replace all of American Second Amendment law with a novel and impossible-to-apply legal test — one that led to astonishingly depraved results — and then to offer no new guidance to lower court judges after all but one of the justices realized just how badly they’d screwed up?
What is that old saying about the ends justify the means? We’re under another intense heat warning today. The western half of the state is dealing with Hurricane Beryl. Climate change denial should be getting much more difficult down here in the South, but denial is strong in this Republican Party. They prefer to stew like that proverbial frog in a pot. Let’s just hope we can turn voters out like the UK and France and be rid of these suckers for a long time.
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I don’t know how much I can post today. I’m exhausted and overwhelmed by the events of the past week or so. How much worse can things get in this country? As Democrats, we are dealing with assaults from the corrupt Supreme Court as well as MAGA Republicans, the media pundit class, and cowardly members of our own party. Biden had a bad debate, yes; but so did Trump. He did nothing but spew lies. He didn’t address one policy issue, because he is too stupid and lazy to even understand policy. But all we hear from the DC pundits is that Biden should step down.
Folks, the way we choose presidents since 1972 is through primaries, and Joe Biden won all the primaries. He holds most of the delegates. His campaign has collected millions in donations that can’t be transferred to another candidate. It’s possible the money could go to Kamala Harris, but the DC/NY pundits don’t want her.
Biden is on the ballot in many states; if another candidate runs in his place, voters would have to write in his/her name. With four months left before the election, there just isn’t time for a new candidate to raise money, hire staff, set up campaign offices around the country, and become known to low information voters. That candidate would also have to deal with the anger and resentment of people who voted for Biden/Harris–especially the African American and women voters who are essential to Democrats winning elections.
Finally, an open convention–which some pundits are calling for–would be an insane shit show that would tear the party apart. Push for this if you really want King Trump in the White House–this time with no guardrails from so-called adults in the room.
If you want more details on why replacing our nominee would be a horrible idea, here is a long Twitter thread by Dana Houle that spells out the challenges that would be faced by a candidate who replaced Biden. WordPress won’t let me post the tweets, but I’ll copy some of them here.
1/ Democrats cannot nominate anyone except Joe Biden or Kamala Harris. It’s impossible. If the Biden candidacy ends, so does the Biden campaign. It’s not transferable. Anyone else other than possibly Kamala Harris would have to start from nothing. That’s can’t be done.
2/It’s possible I’m missing something, but I don’t think so. Here’s why the Democrats can nominate Joe Biden, or possibly Kamala Harris, but nobody else. There’s only one candidate with a 2024 presidential campaign committee registered with the Federal Election Commission.
3/Some of the “stuff” of the Biden campaign can probably be transferred to the DNC (and maybe state parties), but most of it can’t. Another candidate can’t just take over Biden’s campaign. So, think about it. A new nominee would not have a campaign. Like, not a tax ID…
4/Not a bank account, not a website or address. There would be nothing. They would start out largely paralyzed for weeks. First and most obviously, there would be no staff. And there would be no HR process for hiring staff, no payroll process. So a new campaign trying to…
5/…rapidly expand would have to focus on staffing. They could probably hire people from the Biden campaign, but not all would want to work for the new candidate. Among the first people needed would be compliance and legal staff, because a new campaign would be immediately…
6/…challenged on ballot access and all kinds of other stuff. Compliance would be needed to deal with the massive influx of immediate cash and to be sure everything meets FEC rules. But to get cash they’d need banking/accounting as well. So that needs to be set up…
7/And since most of the money would come in online, they’d need to immediately set up a web operation robust enough to handle to load, and secure enough to handle the obvious cyberattacks that would happen. So they’d need contracts for servers, support staff, etc…
8/This new campaign would also be immediately inundated with calls and emails from press, potential volunteers and donors, other campaigns/party orgs, orgs inviting the candidate to events, etc.. So they would immediately need staff for press, scheduling, political, etc
9/Some of these people could probably slide over from the DNC or state parties. But that leaves holes at the DNC and state parties. But let’s say they could immediately staff up. Where does everyone work? Office leases prob can’t be automatically transferred to the…
10/…new campaign, so all of those would need to be renegotiated, and some may not be available to the new campaign. They’d also have to deal with utilities. Then, how does everyone communicate? As we know from 2016, security breeches can be fatal. So it’s not something…
11/…that can be tossed together in a day or so. But let’s say all the staff and infrastructure can be conjured from the ether. What about the data? Some could probably be transferred, but some of the lists would probably need to be purchased at fair market value from…
12/…Biden/Harris 2024. The new campaign would be starting out with no email lists, no volunteer lists, no fundraising lists, etc. They’d also be starting with no contracts with vendors. All those contracts would have to be negotiated
There is much more to this thread. I recommend reading it if you’re thinking Biden should step down or you want to inform other people who think that.
The New York Times editorial board and seemingly every columnist at the paper called on Biden to withdraw from the race in pieces with headlines like, “President Biden, I’ve seen enough.” So did the Chicago Tribune editorial board and New Yorker editor David Remnick. MSNBC’s Joe Scarborough, co-host of Biden’s favorite morning show, urged the president to at last consider stepping aside. And Pod Save America’s response to the debate was so apoplectic that it prompted the Biden campaign to take a shot at “self-important Podcasters.”
The Sea, by Frederick Childe Hassam
The feeding frenzy/panic is to some extent understandable and inevitable. Biden wanted the debate early in order to put to rest fears about his age and to end the conversation about whether he would drop off the ticket. Instead, he sounded confused, and his lifelong stutter was more prominent than it ever has been in his decades-long career. Media figures licking their chops about the incendiary conflicts and clicks of a contested convention started to salivate a river. Democrats nervous about Biden’s ability to wage a forceful campaign became outright fearful.
But amidst all the tearing of garments and vultures circling, the fact is that we’re still pretty much where we were pre-debate. There are two questions: Is Biden fit to serve? And, would Democrats benefit by forcing him off the ticket? The answers remain “he is” and “probably not.”
There’s little evidence Biden is actually in mental decline.
The debate about Biden’s debate performance has largely focused on his appearance, suggesting he’s unelectable and finessing the question of whether he’s actually unfit. Some outlets, though, openly asserted that Biden is in cognitive decline, arguing that laypeople watching a debate can instantly assess someone’s mental fitness.
The Chicago Tribune, for example, argued Biden “should announce that he will be a single-term president who now has seen the light when it comes to his own capabilities in the face of the singular demands of being the president of the United States.” They added, “Everyone sees that now.”
But you can’t actually just “see” whether someone is in cognitive decline. Yes, people are often convinced that signs of physical illness or hesitation reflect mental hesitation; that’s why there’s so much prejudice against stutterers. But editorial boards and people with a public platform have a responsibility to inform readers, not just mirror popular prejudices.
What we know about aging, and about Biden, has not changed since the debate. In May, the Washington Post consulted with experts about the aging process and how likely aging is to affect the decision-making abilities of Biden and Republican challenger Donald Trump, who’s no spring chicken himself.
Those experts uniformly “rejected any suggestion that there should be an upper age limit for the presidency.” They also argued that there were many advantages to older candidates, who were likely to have better judgement and more emotional stability. According to Earl Miller, a professor of neuroscience at MIT, “Knowledge and experience count for a lot, and that can more than make up for slight losses of memory as a result of aging.”
Experts also pointed out that articulation problems, mixing up words, or using the wrong word were common problems as people aged, but none of them indicate cognitive decline overall. Stutters can also worsen and improve sporadically over a lifetime, but that doesn’t mean someone is impaired.
Also, again, experts insist that you can’t diagnose cognitive decline by watching TV clips, or even by watching a debate.
Following Biden’s poor debate performance against Donald Trump, we’re releasing the full and unedited 21-minute interview we conducted with President Joe Biden nine days before his interview with Special Counsel Robert K. Hur.
In the wake of President Joe Biden’s poor debate performance, his opponents and most major media organizations have pointed out that he has done few interviews that give the public an opportunity to hear him speak without a script or teleprompters.
ProPublica obtained a rare interview with Biden on Sept. 29, nine days before the Hur interviews began. We released the video, which was assembled from footage shot by five cameras, on Oct. 1. We edited out less than a minute of crosstalk and exchanges with the camera people, as is customary in such interviews.
Today, we are releasing the full, 21-minute interview, unedited as seen from the view of the single camera focused on Biden. We understand that this video captures a moment in time nine months ago and that it will not settle the ongoing arguments about the president’s acuity today. Still, we believe it is worth giving the public another chance to see one of Biden’s infrequent conversations with a reporter.
Conducting the interview was veteran journalist and former CNN White House correspondent John Harwood, who requested it and then worked with ProPublica to film and produce it.
He did not send questions to the White House ahead of time, nor did he get approval for the topics to be discussed during the interview.
Recording began as soon as Biden was miked and sitting in the chair that Friday at 2:50 p.m. Earlier that day, Biden’s press staff had said the president would have only 10 minutes for the interview, instead of the previously agreed upon 20 minutes. We requested that the interview go the full 20 minutes. You can hear during the unedited interview a couple of moments when White House staff interrupted to signal that the interview should come to a close. Biden seemed eager to continue talking.
Read and watch the interview at ProPublica.
What’s truly amazing to me is that the media is focused on getting rid of Biden instead of the recent decision by the corrupt Supreme Court that granted king-like powers to Trump if he is elected. The media is doing to Biden what they did to Hillary Clinton and Al Gore–focusing on minutia and in doing so, supporting a dangerous candidate who will do untold damage to the country. George W. Bush was bad enough; a Trump presidency would mean the end of our democracy. He would pull us out of NATO and ally the U.S. with Russia, China, Hungary, Turkey, and North Korea. He has announced his plan to deport millions of immigrants, who will be put in camps until he can figure out how to get rid of them. Is that what we want? I know I don’t.
Last week, finding himself furious at the court’s per curiamdecision to hold off on deciding a big abortion case about the kinds of miscarriage care states may withhold from pregnant women in emergency rooms, Justice Samuel Alito excoriated his colleagues for punting. In his view, as he put it—in an opinion joined by Justices Clarence Thomas and Neil Gorsuch—the court’s “about-face” on taking, then running away from, the EMTALA abortion case was “baffling” because “nothing legally relevant has occurred” since the court granted an emergency stay in January and plonked itself into a dispute before it went through the appeals process. It was an easy case, he sniffed. Many amicus briefs had been filed, he huffed. Why had the court balked at the last minute? Thinking. Thinking. Then: “Apparently,” he hypothesized, “the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents.”
That’s right. The majority of the court (and all of its females) found the issue too “emotional” to do the hard work of denying women in acute medical emergencies abortion care.
Fairfield Porter, On the Porch, 1961
Had he given his word choice 10 seconds’ further thought (or even conferred with his wife, who is by all accounts “fond of flags”), Alito might have taken out that “emotional” crack before attacking Amy Coney Barrett’s defection in this matter, in the time between the accidental release of the draft decision and its final publication the next day. He did not.
It’s gross, but not unexpected, that often when the court fractures along gender lines, as it has frequently this term, you will hear a whole lot of the jovial “Calm down, little missy” talk that you might recall from 1950s sitcoms.
Last week, finding himself furious at the court’s per curiamdecision to hold off on deciding a big abortion case about the kinds of miscarriage care states may withhold from pregnant women in emergency rooms, Justice Samuel Alito excoriated his colleagues for punting. In his view, as he put it—in an opinion joined by Justices Clarence Thomas and Neil Gorsuch—the court’s “about-face” on taking, then running away from, the EMTALA abortion case was “baffling” because “nothing legally relevant has occurred” since the court granted an emergency stay in January and plonked itself into a dispute before it went through the appeals process. It was an easy case, he sniffed. Many amicus briefs had been filed, he huffed. Why had the court balked at the last minute? Thinking. Thinking. Then: “Apparently,” he hypothesized, “the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents.”minal law.’ ”
“Our dissenting colleagues exude an impressive infallibility,” writes Roberts, like a girls soccer coach. “While their confidence may be inspiring, the Court adheres to time-tested practices instead—deciding what is required to dispose of this case.” Hate the player, change the game.
In brushing past the district court opinion written by Judge Tanya Chutkan and the thorough, 57-page appellate opinion joined by Judges Karen LeCraft Henderson, Florence Pan, and J. Michelle Childs, the chief justice manages to malign their work product too: “Despite the unprecedented nature of this case, and the very significant constitutional questions that it raises, the lower courts rendered their decisions on a highly expedited basis.” Shorter Roberts? Really hard to find good help these days.
On CNN, Donald Trump’s former White House counsel Ty Cobb coughed up the same critique of Sotomayor. “Her dissent was a little hysterical, and it really offered no analysis,” he said. “A lot of screaming, no analysis. And I think that was unfortunate.”
Screaming. Insubstantial. Hysterical. What men call banshees, women call prophecy. And of course if there are any sitting justices on the Roberts court whose entire jurisprudence can be reduced to a soggy skein of hurt feelings and self-pity, they are not females.
We women thought we had made progress, but it’s not looking that way these days. There’s quite a bit more to read at Slate. Lithwick has reached the end of her patience. Here’s what she wrote on Twitter on Monday evening:
As an official representative of the legal commentariat I want to suggest that tonight’s a good news cycle to talk to the fascism and authoritarianism experts. This is their inning now…
Forget Donald Trump. Forget Joe Biden. Think instead about the Constitution. What does this document, the supreme law of our land, actually say about lawsuits against ex-presidents?
Nothing remotely resembling what Chief Justice John Roberts and five associate justices declared in yesterday’s disappointing Trump v. United States decision. The Court’s curious and convoluted majority opinion turns the Constitution’s text and structure inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit.
Imagine a simple hypothetical designed to highlight the key constitutional clauses that should have been the Court’s starting point: In the year 2050, when Trump and Biden are presumably long gone, David Dealer commits serious drug crimes and then bribes President Jane Jones to pardon him.
Is Jones acting as president, in her official capacity, when she pardons Dealer? Of course. She is pardoning qua president. No one else can issue such a pardon. The Constitution expressly vests this power in the president: “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States.”
Wind from the Sea, by Andrew Wyeth
But the Constitution also contains express language that a president who takes a bribe can be impeached for bribery and then booted from office: “The President … shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” And once our hypothetical President Jones has been thus removed and is now ex-President Jones, the Constitution’s plain text says that she is subject to ordinary criminal prosecution, just like anyone else: “In cases of Impeachment … the Party convicted shall … be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
Obviously, in Jones’s impeachment trial in the Senate, all sorts of evidence is admissible to prove not just that she issued the pardon but also why she did this—to prove that she had an unconstitutional motive, to prove that she pardoned Dealer because she was bribed to do so. Just as obviously, in the ensuing criminal case, all of this evidence surely must be allowed to come in.
But the Trump majority opinion, written by Roberts, says otherwise, proclaiming that “courts may not inquire into the President’s motives.” In a later footnote all about bribery, the Roberts opinion says that criminal-trial courts are not allowed to “admit testimony or private records of the President or his advisers probing the official act itself. Allowing that sort of evidence would invite the jury to inspect the President’s motivations for his official actions and to second-guess their propriety.”
But such an inspection is exactly what the Constitution itself plainly calls for. An impeachment court and, later, a criminal court would have to determine whether Jones pardoned Dealer because she thought he was innocent, or because she thought he had already suffered enough, or because he put money in her pocket for the very purpose of procuring the pardon. The smoking gun may well be in Jones’s diary—her “private records”—or in a recorded Oval Office conversation with Jones’s “advisers,” as was the case in the Watergate scandal. Essentially, the Court in Trump v. United States is declaring the Constitution itself unconstitutional. Instead of properly starting with the Constitution’s text and structure, the Court has ended up repealing them.
There’s more at the link, but I’ve given you the gist.
In her dissent to Monday’s Supreme Court ruling, Justice Sonia Sotomayor painted a grim portrait of a commander-in-chief now “immune, immune, immune” from criminal liability and free to exploit official presidential power against political opponents.
“Orders the Navy’s Seal Team 6 to assassinate a political rival?” she wrote. “Immune.”
As extraordinary as that prospect might sound, constitutional law experts say she’s right: The court’s decision in Trump v. United States really does appear to immunize a hypothetical president who directed the military to commit murder, though a president might be hard-pressed to find someone to carry out such an order
Young woman relaxing, by Francesco Masriera
The crux of the issue, legal scholars said, is that the decision granted total immunity for any actions a president takes using the “core powers” that the Constitution bestows on the office. One such power is the authority to command the military.
“The language of the Supreme Court’s decision seems to suggest that because this is a core function of the president, that there is absolute immunity from criminal prosecution,” said Cheryl Bader, a criminal law professor at Fordham Law School and a former federal prosecutor. “If Trump, as commander in chief, ordered his troops to assassinate somebody or stage a coup, that would seem to fall within the absolute immunity provision of the court’s decision.”
The hypothetical about a president deploying the Navy SEALs to assassinate a political opponent has come up before — including during a lower-court hearing on Trump’s immunity litigation and during the Supreme Court’s own oral arguments in the case. It was raised as an absurdity to illustrate that the most sweeping version of Trump’s immunity theory could not possibly be right. In fact, when Justice Samuel Alito broached the scenario during oral arguments, he drew laughter in the courtroom.
So the fact that Chief Justice John Roberts’ majority opinion on Monday did not attempt to directly carve out such extreme examples immediately raised alarm among some experts. Roberts’ opinion appeared to address the matter only obliquely.
Is it possible that Roberts doesn’t understand that Trump wants to use violence? I have no doubt that is if he is elected, he will order the military to fire live rounds at protesters.
KEVIN ROBERTS (HERITAGE FOUNDATION PRESIDENT): In spite of all this nonsense from the left, we are going to win. We’re in the process of taking this country back. No one in the audience should be despairing.
No one should be discouraged. We ought to be really encouraged by what happened yesterday. And in spite of all of the injustice, which, of course, friends and audience of this show, of our friend Steve know, we are going to prevail.
Number two, to the point of the clips and, of course, your preview of the fact that I am an early American historian and love the Constitution. That Supreme Court ruling yesterday on immunity is vital, and it’s vital for a lot of reasons. But I would go to Federalist No. 70.
If people in the audience are looking for something to read over Independence Day weekend, in addition to rereading the Declaration of Independence, read Hamilton’s No. 70 because there, along with some other essays, in some other essays, he talks about the importance of a vigorous executive.
You know, former congressman, the importance of Congress doing its job, but we also know the importance of the executive being able to do his job. And can you imagine, Dave Brat, any president, put politics off to the side, any president having to second guess, triple guess every decision they’re making in their official capacity, you couldn’t have the republic that you just described.
But number three, let me speak about the radical left. You and I have both been parts of faculties and faculty senates and understand that the left has taken over our institutions. The reason that they are apoplectic right now, the reason that so many anchors on MSNBC, for example, are losing their minds daily is because our side is winning.
And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.
That’s all I have for you today. I’ve included some relaxing paintings to counteract the horror.
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I was really depressed on Thursday night after the “debate.” I couldn’t stop scrolling Twitter and obsessing on the horrible CNN “moderators,” who might as well have been replaced with cards with their idiotic questions on them. But it never occurred to me that Biden should step down and be replaced by “someone else.”
I had a mostly sleepless night, but by morning I had calmed down quite a bit; and after I watched Biden’s energetic speech in South Carolina, I felt much better. Here’s the way he ended that speech:
RALEIGH, N.C. — President Joe Biden tried to turn his disappointing debate performance into a rallying cry for his supporters at an event on Friday, painting himself as down but not out as some in his party whisper about replacing him atop the ticket.
“I know I’m not a young man. I don’t walk as easy as I used to. I don’t speak as smoothly as I used to. I don’t debate as well as I used to, but I know what I do know — I know how to tell the truth!” an energetic Biden said, nodding at the criticism he received following Thursday night’s debate while contrasting it with assessments about the accuracy of several statements by former President Donald Trump.
“When you get knocked down, you get back up,” Biden yelled, to a cheering crowd
“I intend to win this state in November,” Biden said about North Carolina. “We win here, we win the election.”
The campaign event, in a state that hasn’t voted Democrat for a presidential candidate since Barack Obama in 2008, comes after what many political observers and some Democrats have said was a poor debate performance by Biden Thursday night against former President Donald Trump.
About last night, Biden said on Friday, “I spent 90 minutes on the stage and debated the guy who has the morals of an alley cat.”
Though he coughed at times during Friday’s remarks, Biden’s demeanor was more lively, delivering attack lines and riling up the crowd.
A small child reading to a cat by Emile Munier
Biden said that when he thought about Trump’s 34 felony convictions, his sexual assault on E. Jean Carroll, and being fined millions of dollars for business fraud, “I thought to myself, Donald Trump isn’t just a convicted felon — Donald Trump is a one-man crime wave.”
A senior Biden adviser said the campaign team worked closely with the president Friday morning to draft his closing remarks in Raleigh about the debate. It was not, the adviser said, a response to negative coverage or the calls growing in the party for him to consider stepping aside. Biden, the adviser said, knows full well he didn’t deliver the performance he needed to last night and knew he needed to directly address it Friday.
This is what Barack Obama tweeted yesterday:
Bad debate nights happen. Trust me, I know. But this election is still a choice between someone who has fought for ordinary folks his entire life and someone who only cares about himself. Between someone who tells the truth; who knows right from wrong and will give it to the American people straight — and someone who lies through his teeth for his own benefit. Last night didn’t change that, and it’s why so much is at stake in November. http://joebiden.com
Biden’s performance in the debate was dreadful, but it was just one night; and as Lawrence O’Donnell pointed out on MSNBC last night, very few people actually watched it. Probably most of the people who watched were political junkies like us.
This morning I see that lots of pundits are still calling on Biden to step down. Most of the young white men who are calling for a replacement (e.g. Ezra Klein, Greg Sargent) have no good suggestions for how this would happen and how that person would get on the state ballots and raise millions in donations to fund his/her campaign. They mostly want to pass over Kamala Harris too. Can you imagine the turmoil that would cause in the Democratic base, which is dominated by African Americans and women?
The last time the Democrats replaced a presumptive nominee was in 1968. Ezra Klein probably isn’t old enough to remember what happened then. Click below to watch a sample video of the Chicago riots.
There was a “police riot” outside and chaos on the Convention floor. Hubert Humphrey was chosen, even though he didn’t enter a single primary. He went on to lose to Richard Nixon, and the rest is painful history. And this year the Democratic Convention is once again in Chicago!
I didn’t realize that the new rules that George McGovern pushed through in 1972 changed the nomination process so much that replacing a nominee would much harder now than in 1968. Political scientist Rachel Bitecofer explains on Twitter:
[O]nce the direct primary evolved from the McGovern-Fraser commission after the 1968 shitshow the conventions really lost their institutional role. It is an officiating ceremony that *could* get disrupted given the rules but which neither party could ever really do bc so much of the state level infrastructure runs way ahead of the formal moment of nomination. Thus it would guarantee destruction to broker a convention. If Election Twitter had bothered to get academic training I have, they would understand that too. Military ballots mail months ahead of the election. It’d be like nuking ourselves trying to change him out. Even if he wanted us to.
In my opinion, we have to keep ridin’ with Biden.
A couple more examples of pushback on the “he should step down” crowd:
President Joe Biden’s campaign hit back after a widely-panned debate performance by listing a whopping 50 “lies” ex-President Donald Trump “told from the debate stage.”
President Biden and Trump finally went head-to-head at CNN’s debate Thursday night in the earliest general election presidential matchup ever, and the reviews are in. After some deadly early stumbles, President Biden’s performance improved, but not enough to ward off abject panic from some Democrats, and calls for him to drop out.
Vice President Kamala Harrismade the rounds after the debate, including during CNN’s Debate Night in Americacoverage to defend Biden’s “slow start” and to assail Trump over his many falsehoods.
And shortly after midnight, Biden-Harris 2024 released a memo listing 50 of them:
All 50 of Trump’s Lies
16 More Lies Than Felonies, 48 More Lies than Impeachments
Here it is. Every single lie Donald Trump told on the debate stage.
He lied about the economy. He lied about foreign policy. He lied about his record. He lied about his crimes. He lied about women’s rights. He lied about immigration. He lied about his lies. He lied about our soldiers he disrespected. He lied about law enforcement attacked by his supporters. He lied about who he has had sex with. He lied about his racism. He lied about our country.
That is what the substance of this debate was about: Donald Trump, a liar and a felon vs. Joe Biden, a fighter for our families.
“I refuse to join the Democratic vultures on Biden’s shoulder after the debate. No one knows more than me that a rough debate is not the sum total of the person and their record,” Fetterman said Friday on X, formerly Twitter.
Fetterman, who is 54, suffered a stroke while running for Senate in 2022 but later went on to debate his Republican opponent Mehmet Oz. It didn’t go well. He struggled to complete sentences, stumbling over words and pausing altogether as a result of the auditory processing disorder he suffered from the stroke.
Some Democrats expressed similar alarm at the time and wondered whether deciding to the debate had tanked Fetterman’s odds of winning the seat.
“Morning-after thermonuclear beat downs from my race from the debate and polling geniuses like 538 predicted l’d lose by 2. And what happened? The only seat to flip and won by a historic margin (+5),” Fetterman added. “Chill the fuck out.”
Before I get to more of today’s news, here is a review of Rachel Bitcofer’s (quoted above) book, Hit ‘Em Where It Hurts: How to Save Democracy by Beating Republicans at Their Own Game.
America’s future — as a multiracial democracy or an ethno-nationalist authoritarian state — is very much on the ballot this year, as a wide range of observers have noted. But you’d be hard-pressed to see that reality reflected in the mainstream media, much less from the mouths of the randomly-selected potential voters interviewed on the ground, the folks who will supposedly determine the outcome in November. It’s a dire situation that political scientist turned election strategist Rachel Bitecofer tackles head-on in her new book, “Hit ‘Em Where It Hurts: How to Save Democracy by Beating Republicans at Their Own Game.” She describes it as “a battle-tested self-help book for America’s fragile democracy.”
Back in 2019 I first noted Bitecofer’s acumen for election predictions, shown in her forecast of Democrats’ big 2017 gains in the Virginia legislature and then her spot-on prediction of the 2018 blue wave, based on fundamental voter demographics and her perception of partisan polarization and negative partisanship, rather than following the polls. In 2021, I interviewed Bitecofer about her evolution from academic into brand messenger, as she put those methods to work in fighting to counter the expected “red tsunami” of 2022. The Supreme Court’s Dobbs decision and its aftermath helped shift a substantial number of campaigns along the lines she predicted, as she lays out in the book, drawing on insights from decades of political science research.
Bitecofer’s most basic point is simple: Democrats as a whole — despite their “reality-based” self-image — have been unable or unwilling “to accept that the American voter is, at best, rough clay,” and to work with it accordingly. On the other hand, she writes, “Republicans have long understood this and have built an electioneering system that shapes the electorate and meets voters where they actually are.” The point of “Hit ‘Em Where It Hurts” is to convince Democrats to change their strategic approach while there’s still time to rescue democracy, and to focus relentlessly on the threat posed by Republicans in terms that hit voters where they are.
The good news is that some Democrats have already made that shift, while others are groping their way towards it. But to be effective, this needs to be comprehensive, bottom-to-top systemic change, Bitecofer believes, and that hasn’t happened yet. She also discusses the effects of the right-wing media ecosystem, and the think-tank and donor infrastructures that underlie it, to paint a fuller picture of America’s perilous political situation. But in fact, she argues, Democrats and their allies can turn the tide by focusing on low-hanging fruit — the things that are easiest to change. Salon interviewed her with a particular focus on those most immediate concerns and the 2024 election. This interview has been edited for clarity and length.
The signal failure of the American media during the Trump era has been the refusal to hold Donald Trump accountable for his behavior – and, in particular, his endless lies.
That has never been more obvious than it was at Thursday night’s presidential debate.
The CNN moderators who should have corrected Trump’s outrageous and easily disproved assertions – about immigration, abortion, Covid, Jan. 6, NATO, you name it – instead thanked him obsequiously.
Girl reading with a cat, by Merle Keller
The result was a debate where performance meant everything, and substance meant nothing.
Biden’s performance was stumbling and inept – highly concerning to anyone who fears a Trump victory.
But Trump’s incessant lying, refusal to answer direct questions, and general lunacy would have been the other major takeaway from the debate if the moderators had done their jobs instead of acting like polite potted plants.
They even let him know ahead of time that they wouldn’t do live fact-checking – an obvious and colossal mistake that I decried earlier this week. That gave Trump the green light to let loose without consequences.
Twitter (I still call it that) is not a reliable forum for much of anything these days, but it was alive and well Thursday night as people I follow realized, in real time, what a debacle CNN’s no-fact-checking rule had become.
Richard Stengel wrote: “A debate where one candidate flagrantly lies again and again without a mechanism for correction is not a debate.”
David Rothkopf wrote: “The lack of challenges from moderators has the effect of making it appear that the lies flowing from Trump’s mouth are the same as the facts in which Biden is dealing.”
Jessica Valenti wrote: “I’m sorry, but Trump just claimed that Democrats allow ‘after birth’ abortion and the moderators’ only response was ‘thank you’???”
Ruth Ben-Ghiat wrote: “The debate is about information warfare for Trump. As I said earlier today, you don’t let a proven propagandist on stage without stopping him when he lies. Instant refutation is key. Have we learned nothing in the last 9 years?”
Will Bunch wrote: “CNN’s lack of fact checking and wooden questions are just as bad for democracy as everything else that’s happening.”
MAGA loyalist Steve Bannon is dreading his soon-to-be-reality of being housed alongside sex offenders and violent criminals when he reports to prison in Connecticut on Monday, a source close to him told The Daily Beast on Friday.
Bannon, 70, was told to face the music on Friday when the nation’s highest court declined to indulge his pleas for a last-minute reprieve. With a one-sentence ruling, the Supreme Court ordered that he could no longer delay his sentence while he appeals the conviction.
Woman reading, by Will Barnet
Bannon is set to spend four months at FCI Danbury—a low-level prison in Connecticut where he’ll be housed alongside people convicted of sexual and violent crimes. The source said that’s something Bannon is “quite concerned with.”
His charges stem from him blowing off a subpoena from the House committee investigating the Capitol riot. He has spent two years since then trying every avenue of appeal, arguing that he was only following the advice of his lawyer, who told him then-President Donald Trump had evoked executive privilege. (Multiple courts ruled that there was no executive privilege since Trump had already left office.)
Bannon, however, insists publicly that he has no regrets and will only benefit from a prison sentence, according to ABC.
“I’m a political prisoner… It won’t change me. It will not suppress my voice. My voice will not be suppressed when I’m there,” he told This Week co-anchor Jonathan Karl.
“If it took me going to prison to finally get the House to start to move, to start to delegitimize the illegitimate J6 committee, then, hey, guess what, my going to prison is worth it,” he said.
These days, it’s a race to the bottom to see who can move more slowly to decide important issues related to the former president that are in front of them: Judge Aileen Cannon or the Supreme Court. It is a tense moment in our history, abetted by a slow-moving federal judiciary.
The Supreme Court has yet to decide whether Donald Trump will be cloaked in presidential immunity for his efforts to steal an election he lost. That’s something that seems completely nonsensical when you try to write it out in a sentence. But it has apparently kept the Court, or at least some of the Justices, tied up in knots for months now.
Hugo Lowell at the Guardian reported today that DOJ still holds out a slender hope that, depending on how the Supreme Court decides the case and whether it sends it back to the Court of Appeals or to Judge Chutkan, there could be a very narrow potential trial window in September. The sun, moon, and stars would have to all align for that to happen now. But, it didn’t have to be this way. We are here because this Supreme Court didn’t act expeditiously like the Court did with President Nixon or in Bush v. Gore.
Judge Cannon, too, is allergic to ruling on matters before her when it comes to Donald Trump. Earlier this week, she heard argument from the lawyers on the Special Counsel’s motion to change Trump’s conditions of pre-trial release—the government wants the Judge to prohibit him from continuing to say the FBI was out to assassinate him when they executed the search warrant at Mar-a-Lago. That’s something that even his own lawyer was forced to concede isn’t true in court.
Elizabeth Allan Fraser, Seated Reading with a Cat, by Patrick Allan Fraser
Rather than making a decision (which would be immediately appealed by the losing party to the Eleventh Circuit Court of Appeals), Judge Cannon has ordered another go-round of briefing by the lawyers with a due date on July 5….
Judge Cannon is also going to reconsider the decision made by Judge Beryl Howell, in Washington, D.C., that the government is entitled, because of the crime-fraud exception to the attorney-client privilege, to use notes kept by one of Trump’s attorneys to prove the former president’s intent to obstruct the investigation into his retention of classified material. The hearing before Judge Howell was detailed and Trump was provided with the opportunity to make all of the same arguments he will raise again before Cannon. It’s surprising to see a judge relitigate an issue between the same parties that a court previously decided, but Judge Cannon wrote that because the first decision took place before Trump was indicted, she is entitled to revisit the issue. This issue has been pending for some time and Judge Cannon seems to be in no hurry to rule.
A Judge’s job is, literally, to make decisions. We see precious little of that going on in the Southern District of Florida. Delay. Delay. Delay.
This slow-walking of the cases essential to holding the former president accountable came to a crescendo just as Trump and Biden took to the debate stage in Atlanta. Trump lied shamelessly. With no fact-checking, it sounded a lot like a typical Trump stump speech. For instance, Trump lied and said he was responsible for lowering Insulin prices. That’s a bald-faced lie—it was done by Biden. But it went unchecked. President Biden’s performance was off; his raspy voice sounded like he was coming down with something, and especially early on, he didn’t convey the same State of the Union speech energy people hoped to see tonight.
The U.S. Supreme Court’s decision to give cities broader latitude to punish people for sleeping in public when they have no other options will likely result in municipalities taking more aggressive action to remove encampments, including throwing away more of homeless people’s property, advocates and legal experts said.
In its 6-3 decision on Friday, the conservative majority upheld Grants Pass, Oregon’s ban on camping, finding laws that criminalize sleeping in public spaces do not violate the Eighth Amendment’s protections against cruel and unusual punishment.
Writing for the majority, Justice Neil Gorsuch said that the nation’s policy on homelessness shouldn’t be dictated by federal judges, rather such decisions should be left to state and local leaders. “Homelessness is complex,” Gorsuch wrote. “Its causes are many. So may be the public policy responses required to address it.”
“At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not,” he wrote.
A lower court ruling that prevented cities from criminalizing the conduct of people who are “involuntarily homeless” forced the U.S. Court of Appeals for the 9th Circuit to confront what it means to be homeless with no place to go and what shelter a city must provide, Gorsuch wrote. “Those unavoidable questions have plunged courts and cities across the Ninth Circuit into waves of litigation,” he wrote.
In a dissenting opinion, Justice Sonia Sotomayor wrote that, for some people, sleeping outside is a “biological necessity” and it’s possible to balance issues facing local governments with constitutional principles and the humanity of homeless people. “Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested,” she wrote.
Criminalizing homelessness can “cause a destabilizing cascade of harm,” Sotomayor added. When a person is arrested or separated from their belongings, the items that are frequently destroyed include important documents needed for accessing jobs and housing or items required for work such as uniforms and bicycles, Sotomayor wrote.
Brandi Buchman at Law and Crime: The Trump Docket: SCOTUS hands victory to Jan. 6 rioters, but Trump should hold off on celebrating.
With the Supreme Court handing down its ruling in Fischer v. United States, there are many convicted Jan. 6 rioters who have something to celebrate this weekend — but whether the same can be said for Donald Trump isn’t so clear.
Undoubtedly, the Fischer ruling is a win for Trump politically speaking: Now he can hit the campaign trail and cite the high court’s opinion that federal prosecutors misapplied their efforts when charging some of his supporters.
But no matter what he says — or how he may or may not distort the legally-complex decision itself — there’s still the problem of his own case for alleged crimes connected to Jan. 6. The high court said Friday that its last opinions for the term will be released on Monday and by all expectations, that means that the question of whether Trump has so-called “total immunity” from his Jan. 6 case is imminent.
The way the justices in Fischer linked prosecution of the statute to documents and records, specifically, matters because this is part of what underlies Trump’s prosecution in Washington, D.C.: Prosecutors argue he acted corruptly and arranged a set of shadow electoral slates, using falsified records in seven states, to certify him as the winner. In his original indictment for the Jan. 6 prosecution, Smith wrote that Trump was “attempting to mimic the procedures that the legitimate electors were supposed to follow under the Constitution and other federal and state laws.”
The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
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