Thursday Reads

Good Morning!!

Everyone is talking about the shocking story about Clarence Thomas published early this morning at ProPublica. We knew that Thomas was corrupt, but the scale of the corruption revealed by authors Joshua Kaplan, Justin Elliott, and Alex Mierjeski is beyond mind-boggling. And they provide plenty of photos of Thomas enjoying luxury accommodations alongside the wealthy and powerful. Thomas never reported any of these gifts.

From the article:

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Get this: Thomas even went with Crow to the legendary Bohemian Grove.

More from the ProPublica article:

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

https://twitter.com/petestrzok/status/1643944883785289731?s=20

I haven’t finished reading the article yet, but I definitely will go back to it today.

This is from John Wagner at The Washington Post: Justice Thomas accepted luxury travel for years from GOP donor, report says.

Federal law mandates that top officials from the three branches of government, including the Supreme Court, file annual forms detailing their finances, outside income and spouses’ sources of income, with each branch determining its own reporting standards.

Judges are prohibited from accepting gifts from anyone with business before the court. Until recently, however, the judicial branch had not clearly defined an exemption for gifts considered “personal hospitality.”

Revised rules adopted by a committee of the Judicial Conference, the courts’ policymaking body, seek to provide a fuller accounting. The rules took effect March 14.

Gifts such as an overnight stay at a personal vacation home owned by a friend remain exempt from reporting requirements. But the revised rules require disclosure when judges are treated to stays at commercial properties, such as hotels, ski resorts or corporate hunting lodges. The changes also clarify that judges must report travel by private jet….

While the wide scope of Crow’s funding of Thomas’s travel has not been previously reported, the largesse of the billionaire donor directed at the justice has provoked controversy previously.

In 2011, the New York Times reported that Crow had done many favors for Thomas and his wife, notably financing the multimillion-dollar purchase and restoration of a cannery in Pin Point, Ga., that was a pet project of the justice.

The Times also reported that Crow helped finance a Savannah, Ga., library project dedicated to Thomas, presented him with a Bible that belonged to Frederick Douglass and reportedly provided $500,000 for Ginni Thomas to start a tea-party-related group.

Thomas, who joined the court in 1991, has drawn scrutiny on other ethical issues in recent years, several related to the political activism of his wife. She has been allied with numerous people and groups that have interests before the court, and she has dedicated herself to right-wing causes involving some of the most polarizing issues in the country.

In other news, reporters and legal experts are busy critiquing Manhattan District Attorney Alvin Bragg’s case against Donald Trump. Here’s one of the worst:

Shugerman writes: The Trump Indictment Is a Legal Embarrassment.

Tuesday was historic for the rule of law in America, but not in the way Alvin Bragg, the Manhattan district attorney, would have imagined. The 34-count indictment — which more accurately could be described as 34 half-indictments — was a disaster. It was a setback for the rule of law and established a dangerous precedent for prosecutors.

This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms.

The case appears so weak on its legal and jurisdictional basis that a state judge might dismiss the case and mitigate that damage. More likely, the case is headed to federal court for a year, where it could lose on the grounds of federal pre-emption — only federal courts have jurisdiction over campaign finance and filing requirements. Even if it survives a challenge that could reach the Supreme Court, a trial would most likely not start until at least mid-2024, possibly even after the 2024 election.

Instead of the rule of law, it would be the rule of the circus.

Let’s start with the obvious problem that the payments at issue were made around six years ago. The basic facts have been public for five years. There are undoubtedly complicated political reasons for the delay, but regardless, Mr. Bragg’s predecessor, Cyrus Vance Jr., had almost a year to bring this case after Mr. Trump left office, but did not do so, and Attorney General Merrick Garland’s Justice Department also declined. To address the perception of a reversal and questions of legitimacy, Mr. Bragg had a duty to explain more about the case and its legal basis in what’s known as a “speaking indictment,” which the team of former counsel Robert Mueller made famous in its filings.

Legal experts have been speculating about the core criminal allegation in this case, because the expected charge for “falsifying business records” becomes a felony only “when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

Astonishingly, the district attorney’s filings do not make clear the core crime that would turn a filing misdemeanor into a felony. Neither the 16-page indictment nor the accompanying statement of facts specifies, though the statement of facts does drop hints about campaign laws. In a news conference, Mr. Bragg answered that he did not specify because he was not required to by law. His answer was oblivious to how law requires more than doing the minimum to the letter — it demands fairness, notice and taking public legitimacy seriously. 

Phew! Now that’s a smackdown! 

Here’s different point of view from high profile attorney Harry Litman:

From the Los Angeles Times: Column: Don’t underestimate the strengths of Alvin Bragg’s case against Donald Trump.

Manhattan Dist. Atty. Alvin Bragg’s indictment of former President Trump takes an open-ended approach to the charges that some critics of the unprecedented prosecution see as a weakness. What the detractors have overlooked are the substantial and unanticipated legal and factual strengths in the case Bragg outlined.

A key question in advance of Tuesday’s unsealing of the indictment concerned how Bragg would augment the easily proven misdemeanor charges of falsifying business records. Under New York law, those offenses become felonies only if they’re in furtherance of another crime. Many theories were circulating as to what second crime Bragg would allege, and most of the possibilities had noteworthy shortcomings.

Bragg’s answer was essentially “I’ll tell you later.” He took advantage of the wording of the state law, which requires only that the misdemeanor be done in service of “a crime,” to buy himself maximum time and flexibility.

Bragg may have to pick his crime down the line, perhaps in answer to an expected defense motion for a “bill of particulars” — that is, a fleshing out of the Delphic indictment to enable Trump’s team to prepare an appropriate defense.

On the other hand, the prosecutor may not have to specify a second crime. The jury instructions on falsification of business records say it’s a felony if the defendant acted “with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.” It’s therefore not clear that they require the jury even to agree on what the augmenting crime is.

But Bragg this week also added a potent possible second crime beyond what many observers expected. It emerges from the fact that in making his lawyer Michael Cohen “whole” for the hush money he paid to Stormy Daniels, Trump included enough to compensate Cohen for the taxes he would have to pay on the “income” — that is, on the phony legal retainer that camouflaged the hush money.

It’s not clear whether Cohen in fact declared and paid taxes on the reimbursement or whether the Trump Organization declared it as a business expense. The Bragg team’s insight is that it doesn’t matter: The language that elevates business record falsification to a felony only requires “an intent to commit another crime or to aid or conceal the commission thereof.”

That purposely encompasses what lawyers call “inchoate” crimes. The law would plainly be satisfied by the inclusion of money intended to commit or conceal another crime — namely, a false tax filing — whether or not that crime occurred.

Importantly, this theory could be a way around the legal questions inherent in alleging that the second crime was a state or federal campaign finance violation.

Read the rest at the LA Times.

Another big and disturbing story is happening in Tennessee.

From Reuters: Tennessee Republicans likely to expel three Democratic lawmakers from statehouse.

Republicans who control the Tennessee House of Representatives will vote on Thursday on whether to expel three Democratic members for their role in a gun control demonstration at the statehouse last week.

Last Friday’s protest saw hundreds of demonstrators flood into the statehouse, four days after a Nashville school shooting ended with three 9-year-old children and three school staff members dead.

Three Democratic lawmakers stood on the House floor and used a bullhorn to lead protesters in chanting demands for stricter gun laws. In the resolutions calling for their expulsion, Republicans accused the three of engaging in “disorderly behavior” and said they “did knowingly and intentionally bring disorder and dishonor to the House of Representatives through their individual and collective actions.”

The expulsion vote is likely to easily pass in the Republican-dominated House and lead to the ouster of Rep. Gloria Johnson, Rep. Justin Jones and Rep. Justin Pearson. They say they were within their First Amendment rights to take part in the protest.

“It’s morally insane that a week after a mass shooting took six lives in our community, House Republicans only response is to expel us for standing with our constituents to call for gun control,” Jones wrote on Twitter this week. “What’s happening in Tennessee is a clear danger to democracy all across this nation.

Republicans Rep. Andrew Farmer, Rep. Gino Bulso, and Rep. Bud Hulsey filed three resolutions on Monday to expel their Democratic colleagues. The resolutions on Monday passed in a preliminary vote along party lines, 72-23.

Imagine if this insanity spreads to other Republican-controlled legislatures–and it very likely will, if it’s successful.

Commentary from Margaret Renkl at The New York Times: As Young People March for Their Lives, Tennessee Crushes Dissent and Overrides Democracy.

NASHVILLE — Yesterday the eyes of the country were on the indictment of a former president, along with the all too real possibility that political or public chaos would erupt as a result. Here in Tennessee, we were watching a different kind of chaos unfold as our state government doubled down on its love affair with guns, even in the immediate aftermath of a horrific school shooting. I wish I could tell you that guns were the worst of it.

Last Thursday, in the wake of the shooting, peaceful protesters at the Tennessee State Capitol rallied for gun reform. Activists waved signs in the statehouse gallery, and Representatives Justin Jones, Gloria Johnson and Justin J. Pearson, all Democrats, led them in chants from the House floor during breaks. Between bills, the lawmakers also approached the podium to speak. They did not wait to be formally recognized.

On Monday, statehouse Republicans stripped all three of their committee memberships and deactivated their ID badges. The Democrats “did knowingly and intentionally bring disorder and dishonor to the House of Representatives,” the formal resolutions against them read. Tomorrow, the House will vote on whether to expel the three lawmakers for talking out of turn.

Expulsion is extremely rare in Tennessee history. As the Politico reporter Natalie Allison pointed out on Twitter, the Tennessee House didn’t even vote to expel a Republican legislator who had been accused of sexually assaulting three teenage girls.

The resolutions against Mr. Jones, Ms. Johnson and Mr. Pearson were filed against a backdrop that highlights the absurdity of the actions Republicans have taken against them.

On Monday at 10:13 a.m., one week to the minute after a shooter armed with military-style weapons entered the church-affiliated Covenant School and murdered three children and three adults, more than 7,000 Nashville students staged a walkout to demand gun reform. It was a sight to behold: Vanderbilt University students marching down one street, Belmont University students marching down another, all of them joining a large crowd of high school and college students from around town. They were determined to speak as one voice directly to their government — to the only people with any power to reduce the risks they take just by going to class.

No place in this firearm-besotted country is safe from gun violence, but Tennessee students are at particular risk, and not just in school. They live in a state with some of the nation’s most permissive gun laws, as well as the highest rate of gun theft — and perhaps unsurprisingly, one of the highest rates of gun deaths.

Read the rest at the NYT.

Those are the top stories today, as I see it. I’ll add a few more in the comment thread. What do you think? What other stories have captured your interest?


Finally Friday Reads

Caspar David Friedrich, Monk by the Sea, c. 1809,

Good Day Sky Dancers!

The headlines are filled with Republican Shenanigans. Holding them accountable for illegal actions appears difficult.  This highlights the difference in treatment for everyone else and white men.

The case against Rep. Matt Gaetz has now been considered too difficult to prosecute because all of the witnesses are not upstanding citizens.  What do you expect from a gang of sex traffickers of underage women?  Devlin Barret, writing for The Washington Post, states: “Career prosecutors recommend no charges for Gaetz in the sex-trafficking probe. Investigators see credibility challenges for two of the main witnesses in the probe of the congressman’s past dealings with a 17-year-old.”

Career prosecutors have recommended against charging Rep. Matt Gaetz (R-Fla.) in a long-running sex-trafficking investigation — telling Justice Department superiors that a conviction is unlikely in part because of credibility questions with the two central witnesses, according to people familiar with the matter.

Senior department officials have not made a final decision on whether to charge Gaetz, but it is rare for such advice to be rejected, these people told The Washington Post, speaking on the condition of anonymity to discuss the deliberations. They added that it is always possible additional evidence emerges that could alter prosecutors’ understanding of the case.

Nevertheless, it is unlikely that federal authorities will charge Gaetz with a crime in an investigation that started in late 2020 and focused on his alleged involvement with a 17-year-old girlseveral years earlier. Gaetz,40, has repeatedly denied wrongdoing, saying he has never paid for sex. He has also said the only time he had sex with a 17-year-old was when he was also 17.

Chase William Merritt, Idle Hours .1894

The congressman is likely a role model for these guys.  Again, this is from The Washington Post, written by Taylor Lorenz. “The online incel movement is getting more violent and extreme, report says. The Center for Countering Digital Hate analyzed more than 1 million posts showing a rise in advocacy of rape, mass killings.”

The most prominent forum for men who consider themselves involuntarily celibate or “incels” has become significantly more radicalized over the past year and a half and is seeking to normalize child rape, a new report says.

The report, by the Center for Countering Digital Hate’s new Quant Lab, is the culmination of an investigation that analyzed more than 1 million posts on the site. It found a marked spike in conversations about mass murder and growing approval of sexually assaulting prepubescent girls.

The report also says that platforms including YouTube and Google, as well as internet infrastructure companies like Cloudflare are facilitating the growth of the forum, which the report said is visited by 2.6 million people every month. “These businesses should make a principled decision to withdraw their services from sites causing such significant harm,” the report says.

“This is a novel, new violent extremist movement born in the internet age, which defies the usual characteristics of violent extremist movements that law enforcement and the intelligence community are usually used to,” said Imran Ahmed, founder and CEO of CCDH, a US-based nonprofit. “Our study shows that it is organized, has a cogent ideology and has clearly concluded that raping women, killing women, and raping children is a clear part of the practice of their ideology.”

Incels blame women for their failings in life. The term originated decades ago, and while the first incel forum was founded by a woman in the mid 1990s, incel communities have since become almost exclusively male. Incel ideology has been linked to dozens of murders and assaults over the past decade, the most prominent one involving Elliot Rodger, a 22-year-old self-described incel who murdered six people in a stabbing and shooting rampage in Santa Barbara, Calif., in 2014. Before killing himself, he posted a long manifesto and YouTube videos promoting incel ideology.

In March, the U.S. Secret Service’s National Threat Assessment Center released a report warning that anti-woman violence was a growing terrorism threat.

According to the CCDH analysis, members of the forum post about rape every 29 minutes, and more than 89 percent of posters support rape and say it’s acceptable. The CCDH analysis also found that posters on the forum are seeking to normalize child rape. More than a quarter of members of the forum have posted pedophilia keywords, the analysis found, and more than half of the members of the forum support pedophilia.

I don’t believe this is necessarily a new thing.  This is the problem with the internet.  It lets the worst of society hang together and leads to an evil gestalt.  These men gain confidence and ideas from their online cult.  Also, they can see how easy it is for certain types of men to avoid legal entanglements.

This is written by Brian Bennet.   Steal food or smoke a joint, and you wind up in jail for years. This is especially true if you’re a minority or a poor person.  Steal millions via government grants; they ignore you.  Like in sports, Colin Kaepernick and Michael Vick get demonized for their behaviors and dumped. Brett Favre steals millions for welfare recipients in Mississippi and crickets.

On Wednesday, New York Attorney General Letitia James compounded Trump’s legal woes, announcing that the state was suing Trump, his three adult children, the Trump Organization, and senior management in the company, alleging business fraud involving the value of assets to banks, insurance companies and the state tax authorities.

The sheer number of investigations and the increasingly tangled defenses his legal team is having to put on paper and argue in court amount to a stress test of Trump’s standard strategy to deny, deflect, delay, and not put anything in writing.

“I don’t think there’s any other president who was in a similar legal jeopardy” after leaving office, says Timothy Naftali, a historian at New York University and former director of the federal Richard Nixon Presidential Library and Museum. Warren Harding was investigated by his own vice president and successor, Calvin Coolidge. Nixon would have been the target of investigations for years if Gerald Ford had not pardoned him in September 1974, a month after Nixon resigned from office.

“Even Nixon pales by comparison,” says Norman Eisen, an anti-corruption expert at Brookings Institution and the former special counsel to the Democrat’s House Judiciary Committee from 2019 to 2020 during Trump’s first impeachment. “Nixon just had one Watergate scandal. Trump has had a succession of them, each one more concerning than the last.”

In Georgia, Fulton County District Attorney Fani Willis is looking into how Trump pressured election officials to swing the 2020 presidential election in his direction. The House Jan. 6 Committee and the Department of Justice are both looking at what role Trump played in the lead up to the deadly attack on the Capitol Building to stop the lawful counting of electoral college votes. Federal prosecutors have an active criminal investigation into how and why Trump took thousands of government documents—many containing state secrets—to his residence at Mar-a-Lago and why he refused repeated requests to return them.

And New York’s civil lawsuit announced by James on Wednesday is on top of a separate criminal investigation out of the Manhattan District Attorneys’ Office into the Trump Organization that is set to go to trial in October.

In all of the ongoing cases, Trump is employing the tried-and-true playbook he first learned all those years ago from Cohn for staying out of prison and staying in business, according to Jennifer Taub, a professor at Western New England University School of Law who has tracked the ways that Trump had evaded accountability for decades.

Beach in Pourville, Claude Monet, 1882

This exclusive headline from CNN really is fascinating.  I imagine the move is to stop the prosecutors from being able to find and flip associates.  “Exclusive: Trump’s secret court fight to stop grand jury from getting information from his inner circle.”

Former President Donald Trump‘s attorneys are fighting a secret court battle to block a federal grand jury from gathering information from an expanding circle of close Trump aides about his efforts to overturn the 2020 election, people briefed on the matter told CNN.

The high-stakes legal dispute — which included the appearance of three attorneys representing Trump at the Washington, DC, federal courthouse on Thursday afternoon — is the most aggressive step taken by the former President to assert executive and attorney-client privileges in order to prevent some witnesses from sharing information in the criminal investigation events surrounding January 6, 2021.

The court fight over privilege, which has not been previously reported and is under seal, is a turning point for Trump’s post-presidency legal woes.

How the fight is resolved could determine whether prosecutors can tear down the firewall Trump has tried to keep around his conversations in the West Wing and with attorneys he spoke to as he sought to overturn the 2020 election and they worked to help him hold onto the presidency.

This dispute came to light as former Trump White House adviser and lawyer Eric Herschmann received a grand jury subpoena seeking testimony, the people briefed said.

Other former senior Trump White House officials, including former White House counsel Pat Cipollone and his deputy Patrick Philbin, appeared before the grand jury in recent weeks, after negotiating specific subjects they would decline to answer question about, because of Trump’s privilege claims.

Have you ever seen anyone claim privilege this many times?  Nixon didn’t get away with it, so what’s the deal with the Trump claims?  This Trumper candidate seems pretty audacious with the lies too.  Uh, that’s not how this works JR, this is not how any of this works.

But these folks will be bankrolled!  Check out these links!

Alex Isenstadt / PoliticoTrump to unleash millions in the midterms in possible prelude to 2024

 Peter Stone / The GuardianAlarm as Koch bankrolls dozens of election denier candidates

Former Justice Stephan Breyer warns the current Supreme Court Cartel not to take its backward-facing privilege too seriously.  This is also from CNN, and then I am done with all these bad boys.  “Breyer warns justices that some opinions could ‘bite you in the back’ in exclusive interview with CNN’s Chris Wallace.”

Retired Supreme Court Justice Stephen Breyer is warning his colleagues against “writing too rigidly” in their opinions, saying that such decisions could “bite you in the back” in a world that is constantly changing.

In a wide-ranging interview with CNN’s Chris Wallace on “Who’s Talking to Chris Wallace,” which debuted Friday on HBOMax and airs Sunday night on CNN, Breyer also bemoaned his position in the court’s minority liberal bloc during his final year on the bench, addressed the court’s reversal of Roe v. Wade and spoke about the ongoing controversy regarding Ginni Thomas, the wife of Justice Clarence Thomas.

Breyer said it was a “very frustrating” spot to be in as he found himself in dissent in a number of historically consequential cases where he said the majority side (conservatives — although the retired justice did not use that description) was unwilling to bend.

“You start writing too rigidly and you will see, the world will come around and bite you in the back,” Breyer said in his first televised interview since leaving the bench earlier this year. “Because you will find something you see just doesn’t work at all. And the Supreme Court, somewhat to the difference of others, has that kind of problem in spades.”

“Life is complex, life changes,” Breyer added. “And we want to maintain insofar as we can — everybody does — certain key moral political values: democracy, human rights, equality, rule of law, etc. To try to do that in an ever-changing world. If you think you can do that by writing 16 computer programs — I just disagree.

The comments from Breyer come days before the Supreme Court begins its first term without him in nearly 30 years. In the new term, the justices will consider issues including voting rights, immigration, affirmative action, environmental regulations and religious liberty — areas where the solid conservative majority can easily control the outcomes.

Okay, that’s “all I can stands and I can’t stands no more.”  (To quote my childhood hero.)

What’s on your reading and blogging list today?

 

The great nations of Europe were standing on the shore.
They’d conquered what was behind them
And now they wanted more
So they looked to the mighty ocean
And took to the Western sea
The great nations of Europe in the 16th century

Hide your wives and daughters, hide the groceries too
The great nations of Europe comin’ through

 

 


Thursday Reads

Good Day, Sky Dancers!!

I’m not a fan of royalty, but it does seem significant that Queen Elizabeth II of Great Britain may be dying. She took the throne on February 6, 1952 and is the “longest reigning monarch in world history.”  She is 96 years old. The queen is in Scotland and she did not return to London for the appointment of the new Prime Minister Liz Truss. Her family members are either with her at Balmoral Castle or on their way there.

UPDATE: Queen Elizabeth II has died.

The Washington Post: Queen Elizabeth II under medical supervision as family gathers at Balmoral.

Queen Elizabeth II is under medical care at Balmoral Castle after doctors became concerned about her health, Buckingham Palace said Thursday. Her family is traveling to Scotland to be by her side.

“Following further evaluation this morning, the Queen’s doctors are concerned for Her Majesty’s health and have recommended she remain under medical supervision. The Queen remains comfortable and at Balmoral,” the palace statement said.

All of the queen’s children, including her heir, Prince Charles, were either at her bedside or en route. The others are Edward, Andrew and Anne, who was already in Scotland for some events there this week.

Prince Harry and Meghan are en route to Balmoral, a spokesperson for the couple said. Prince William was also on his way to Balmoral. His wife, Catherine, remained in Windsor as their children, Princes George and Louis and Princess Charlotte, are on their first full day at their new school, Kensington Palace said.

The statement comes a day after Buckingham Palace said Wednesday that the queen, who is 96, had canceled a virtual meeting with the Privy Council on doctor’s advice to rest.

The statements may have been vague on details, but the fact that they were issued at all speaks volumes. The palace typically provides minimal information about the queen’s health.

Also notable: The BBC has suspended programming for today in order to provide updates on the queen’s health.

This morning the deaths of two renowned journalists were announced.

CNN announced: CNN anchor Bernard Shaw dead at 82.

Former CNN anchor Bernard Shaw died Wednesday of pneumonia unrelated to Covid-19, Shaw’s family announced in a statement Thursday. Shaw was 82.

Shaw was CNN’s first chief anchor and was with the network when it launched on June 1, 1980. He retired from CNN after more than 20 years on February 28, 2001.

During his storied career, Shaw reported on some of the biggest stories of that time — including the student revolt in Tiananmen Square in May 1989, the First Gulf war live from Baghdad in 1991, and the 2000 presidential election.

“CNN’s beloved anchor and colleague, Bernard Shaw, passed away yesterday at the age of 82. Bernie was a CNN original and was our Washington Anchor when we launched on June 1st, 1980,” Chris Licht, CNN.

Chairman and CEO, said in a statement Thursday. “He was our lead anchor for the next twenty years from anchoring coverage of presidential elections to his iconic coverage of the First Gulf War live from Baghdad in 1991. Even after he left CNN, Bernie remained a close member of our CNN family providing our viewers with context about historic events as recently as last year. The condolences of all of us at CNN go out to his wife Linda and his children.”

And from NPR: Anne Garrels, longtime foreign correspondent for NPR, dies at 71.

Anne Garrels, longtime foreign correspondent for NPR, died on Wednesday of lung cancer. She was 71 years old.

At NPR, Garrels was known as a passionate reporter willing to go anywhere in the world at a moment’s notice if the story required it. She was also a warm and generous friend to many.

When she arrived at NPR in 1988, she already had a lot of experience under her belt — including 10 years in television news at ABC, where she was bureau chief in both Moscow and Central America.

Garrels made a strong impression on NPR’s Deborah Amos. “She was this glamorous television reporter who came here,” she said. “She didn’t dress like the rest of us in the beginning. And she’d has this long and remarkable career before she landed here … She was always braver than me, and I always understood that she was braver than me.”

That bravery led Garrels into many war zones. And when it came to covering a war, she was there at the beginning, in the middle of the battle, and at the peace table. She was the kind of reporter who would drive alone across a war zone if that’s what it took to get the story.

Read more at NPR.

This morning Steve Bannon surrendered to prosecutors in New York on state charges similar to the federal ones for which Trump pardoned him.

https://twitter.com/RonFilipkowski/status/1567874120213270534?s=20&t=4kVAlEcKZMvpiI395HRKGA

The Washington Post: Bannon charged with fraud, money laundering, conspiracy in ‘We Build the Wall.’

Stephen K. Bannon has been charged with money laundering, fraud and conspiracy in connection with the “We Build the Wall” fundraising scheme, for which he received a federal pardon during Donald Trump’s final days in the White House.

Bannon, 68, was convicted this summer of contempt of Congress and is awaiting sentencing in that matter. He surrendered to prosecutors in Manhattan Thursday morning on the charges outlined in a newly unsealed state indictment and is expected to appear in court in the afternoon.

Arriving at the Manhattan district attorney’s office in a black SUV shortly after 9 a.m., Bannon stopped to shake hands with his attorneys before speaking briefly to a horde of journalists. In his remarks, he echoed past declarations that he was being prosecuted for political reasons, including in an effort to influence November’s upcoming midterm congressional elections.

“This is all about 60 days until the day!” he said, before being escorted into the building.

Bannon’s case will be handled in New York Supreme Court by Manhattan District Attorney Alvin Bragg and New York Attorney General Letitia James.

In a statement issued after the indictment was unsealed, Bragg said Bannon “acted as the architect of a multi-million dollar scheme to defraud thousands of donors across the country – including hundreds of Manhattan residents.”

Bannon “took advantage of his donors’ political views to secure millions of dollars which he then misappropriated,” James said in her own prepared remarks. “Mr. Bannon lied to his donors to enrich himself and his friends.”

In August 2020, Bannon was yanked off a yacht by law enforcement agents to face his indictment in the federal “We Build the Wall” case. In that indictment, he was accused of personally pocketing $1 million from “We Build the Wall,” a Trump-aligned cash collection drive that Bannon helped to orchestrate starting in December 2018.

I was hoping for news from the DOJ on whether they will appeal the insane decision by Judge Aileen Cannon to appoint a special master to examine the government documents that Trump stole. But the only news I’ve seen is that they are proposing to unseal more of the Mar-a-Lago search warrant, perhaps to use in their response to Judge Cannon.

There is plenty more Trump legal news though:

From ABC News:

A federal grand jury investigating the activities leading up the Jan. 6 attack on the U.S. Capitol and the push by former President Donald Trump and his allies to overturn the result of the 2020 election has expanded its probe to include seeking information about Trump’s leadership PAC, Save America, sources with direct knowledge tell ABC News.

The interest in the fundraising arm came to light as part of grand jury subpoenas seeking documents, records and testimony from potential witnesses, the sources said.

The subpoenas, sent to several individuals in recent weeks, are specifically seeking to understand the timeline of Save America’s formation, the organization’s fundraising activities, and how money is both received and spent by the Trump-aligned PAC….

Trump and his allies have consistently pushed supporters to donate to the PAC, often using false claims about the 2020 election and soliciting donations to rebuke the multiple investigations into the former president, his business dealings, and his actions on Jan. 6.

After the FBI raided Trump’s Mar-a-Lago estate last month, Save America PAC sent out a fundraising email in which Trump urged supporters to “rush in a donation IMMEDIATELY to publicly stand with me against this NEVERENDING WITCH HUNT.”

More from The New York Times: Trump’s Post-Election Fund-Raising Comes Under Scrutiny by Justice Dept.

A federal grand jury in Washington is examining the formation of — and spending by — a PAC created by Donald J. Trump after his loss in the 2020 election as he was raising millions of dollars by baselessly asserting that the results had been marred by widespread voting fraud.

According to subpoenas issued by the grand jury, the contents of which were described to The New York Times, the Justice Department is interested in the inner workings of Save America PAC, Mr. Trump’s main fund-raising vehicle after the election. Several similar subpoenas were sent on Wednesday to junior and midlevel aides who worked in the White House and for Mr. Trump’s presidential campaign.

Among the roughly half-dozen current and former Trump aides in the White House and the 2020 presidential campaign who are said to have received subpoenas this week were Beau Harrison, an aide to Mr. Trump in the White House and in his post-presidency, and William S. Russell, who similarly worked in the West Wing and now for Mr. Trump’s personal office, according to several people familiar with the events….

The fact that federal prosecutors are seeking information about Save America PAC is a significant new turn in an already sprawling investigation of the roles that Mr. Trump and some of his allies played in trying to overturn the election, an array of efforts that culminated with the violent mob attack on the Capitol on Jan. 6, 2021.

Another Trump aide was subpoenaed in connection with planning for the January 6 coup attempt.

From the article:

Federal prosecutors issued a subpoena to a personal aide to former President Donald J. Trump as part of the investigation into the events leading up to the riot at the Capitol on Jan. 6, 2021, people familiar with the matter said.

The move suggests that investigators have expanded the pool of people from whom they are seeking information in the wide-ranging criminal investigation into efforts by Mr. Trump and his allies to reverse his loss in the 2020 election and that agents are reaching into the former president’s direct orbit.

This week, F.B.I. agents in Florida tried to approach William S. Russell, a 31-year-old aide to Mr. Trump who served as a special assistant and the deputy director of presidential advance operations in the White House. He continued to work for Mr. Trump as a personal aide after he left office, one of a small group of officials who did so.

It was not immediately clear what the F.B.I. agents wanted from Mr. Russell; people familiar with the Justice Department’s inquiry said he has not yet been interviewed. But a person with knowledge of the F.B.I.’s interest said that it related to the grand jury investigation into events that led to the Capitol attack by Mr. Trump’s supporters.

That investigation is said to have focused extensively on the attempts by some of Mr. Trump’s advisers and lawyers to create slates of fake electors from swing states. Mr. Trump and his allies wanted Vice President Mike Pence to block or delay certification of the Electoral College results during a joint session of Congress on Jan. 6 to allow consideration of Trump electors whose votes could have changed the outcome.

At Rolling Stone, Adam Rawnsley and Asawin Suebsaeng offer a possible motive for at least some of Trump’s document pilfering: Trump Told White House Team He Needed to Protect ‘Russiagate’ Documents.

IN HIS FINAL days in the White House, Donald Trump told top advisers he needed to preserve certain Russia-related documents to keep his enemies from destroying them.

The documents related to the federal investigation into Russian election meddling and alleged collusion with Trump’s campaign. At the end of his presidency, Trump and his team pushed to declassify these so-called “Russiagate” documents, believing they would expose a “Deep State” plot against him.

According to a person with direct knowledge of the situation and another source briefed on the matter, Trump told several people working in and outside the White House that he was concerned Joe Biden’s incoming administration — or the “Deep State” — would supposedly “shred,” bury, or destroy “the evidence” that Trump was somehow wronged.

Trump’s concern about preserving the Russia-related material is newly relevant after an FBI search turned up a trove of government documents at the former president’s Mar-a-Lago residence.

Since the search, Trump has refused to say which classified government papers and top-secret documents he had at Mar-a-Lago and what was the FBI had seized. (Trump considers the documents “mine” and has directed his lawyers to make that widely-panned argument in court.) The feds have publicly released little about the search and its results.It’s unclear if any of the materials in Trump’s document trove are related to Russia or the election interference investigation. A Trump spokesperson did not respond to a request for comment.

I have a few more articles to share, but I’ll do it in the comment thread. Sorry this post is so late; my internet keeps going in and out.


Tuesday Reads: High Plains Grifters

Frederic S. Remington (1861-1909); A Dash for the Timber; 1889; Oil on canvas; Amon Carter Museum of American Art, Fort Worth, Texas; 1961.381

Good Day Sky Dancers!

There’s a seemingly endless discovery of shakedowns and grifts that came at the end of the Trump administration. We know many individuals carted off the people’s property like Trump himself and Mike Pompeo.  Donald Trump’s emolument violations are legendary and unpunished.

We also know that Jared Kushner made endless trips to Saudi Arabia asking for his pay for how much he helped them benefit from his access to his father-in-law.  Now, we know Steve Mnuchin made just as many trips and received money for his business. All this happened while the White House was planning the insurrection.

From the New York Times: “Kushner’s and Mnuchin’s Quick Pivots to Business With the Gulf. Weeks before the Trump administration ended, Jared Kushner and Steven Mnuchin met with future investors on official trips to the Middle East.” This revolving door usually happens after officials leave office but not these two. Under the guise of “The Abraham Fund”, these two milked their positions for all they were worth.

Shortly before the 2020 election, Trump administration officials unveiled a U.S. government-sponsored program called the Abraham Fund that they said would raise $3 billion for projects around the Middle East.

Spearheaded by President Donald J. Trump’s son-in-law and adviser Jared Kushner, the fund promised to capitalize on diplomatic agreements he had championed between Israel and some Arab states — pacts known as the Abraham Accords. Steven Mnuchin, then Treasury secretary, helped inaugurate the fund on a trip to the United Arab Emirates and Israel, hailing the accords as “a tremendous foundation for economic growth.”

It was little more than talk: With no accounts, employees, income or projects, the fund vanished when Mr. Trump left office. Yet after Mr. Kushner and Mr. Mnuchin crisscrossed the Middle East in the final months of the administration on trips that included trying to raise money for the project, each quickly launched a private fund that in some ways picked up where the Abraham Fund had ended.

Mr. Kushner and Mr. Mnuchin brought along top aides who had helped court Gulf rulers while promoting the Abraham Fund, and soon, both were back in the same royal courts asking for investments, although for purely commercial endeavors.

Within three months, Mr. Mnuchin’s new firm had circulated detailed investment plans and received $500 million commitments from the Emiratis, Kuwaitis and Qataris, according to previously unreported documents prepared by the main Saudi sovereign wealth fund, which itself soon committed $1 billion. Mr. Kushner’s new firm reached an agreement for a $2 billion investment from the Saudis six months after he left government.

New York Times report last month revealing the Saudi investments in the Kushner and Mnuchin funds raised alarms from ethics experts and Democratic lawmakers about the appearance of potential payoffs for official acts during the Trump administration.

The Challenge
Charles Marion Russell – Date unknown

These were no small sums as reported by Business Insider: “Jared Kushner and Steve Mnuchin cashed in fast on their Trump-era work, raising $3.5 billion from Arab states for private funds, report says.” At least the money showed up after the Trump administration ended but the grift occurred during it.

Shortly after Trump left office, Mnuchin launched a fund, Liberty Capital, and Kushner followed soon after, launching Affinity Partners in July.

Within six months, Affinity Partners had secured a $2 billion investment from the Saudi sovereign-wealth fund, The Times reported in April.

Liberty Capital raised more than $1.5 billion from the sovereign-wealth funds of Saudi Arabia, the United Arab Emirates, Kuwait, and Qatar within three months of Mnuchin leaving office, The Times reported.

Political commentators and ethics experts were concerned that the investments may be a way for the investors to gain footing with those close to Trump, should he run for and win the 2024 election. Trump has yet to declare whether he will run.

The Times reported that Kushner and Mnuchin made a string of visits to the Middle East while in office, meeting those who would ultimately invest billions in their funds.

Kushner made three trips to the Middle East shortly after the November 2020 US election, The Times said, including a January 5 meeting in Saudi Arabia with leaders of the Persian Gulf states.

On January 5, 2021, Mnuchin started his own Middle East tour, with scheduled stops to visit the heads of the sovereign-wealth funds of Saudi Arabia, the United Arab Emirates, Qatar, and Kuwait, The Times reported.

true love

A.R. Mitchell, True Love

Rough way to make a living hmmm?   The worst is that the policy pay-off is pretty disgusting and may include letting the Khashoggi murder slide. From MSNBC’s MaddowBlog: “Why Saudi money for Kushner, Mnuchin is drawing fresh scrutiny. Before leaving office, Jared Kushner and Steven Mnuchin engaged in official Middle Eastern travel to countries they would soon hit up for private cash.”

On the former, let’s not forget just how eager Team Trump was to cozy up to Riyadh. As we discussed last month, Trump’s first foreign trip while in office was to Saudi Arabia. When Saudi Crown Prince Mohammed bin Salman imprisoned other members of the royal family, Trump announced his support for the move. When the Saudis imposed a blockade on U.S. allies in Qatar, Trump endorsed this, too. When the U.S. had evidence of bin Salman approving the operation that killed Washington Post journalist Jamal Khashoggi, Trump boasted that he came to the crown prince’s rescue and shielded him from consequences.

Kushner was responsible, at least in part, for helping shape the administration’s policy, making at least three trips to Saudi Arabia during his father-in-law’s first year in the White House. (Oddly enough, the actual total might be more: One of Kushner’s trips was kept private and only came to public attention after his return.)

Then, as his father-in-law’s term wound down, Kushner didn’t just prepare for life after a powerful White House role, he also made a series of additional trips to the Middle East, meeting with representatives of countries his newly formed private equity firm would soon approach for substantial financial investments.

Gunfighters, Charles M. Russell,1904

Texas, of course, is well known for its high plains grifters.  This is from CNN: “Jackson may have violated federal law by using campaign funds to pay for private dining club, report finds.”  Do we need to mention that he’s a Republican?

GOP Rep. Ronny Jackson may have violated federal law by using campaign funds to pay for “unlimited access” to a private dining club in Texas, according to a review by a House advisory panel, referring the matter for further investigation.

The Office of Congressional Ethics is asking the House Committee on Ethics to launch an investigation into Jackson’s use of campaign funds after its review found “substantial reason to believe” that Jackson either converted campaign funds for personal use or expended funds that were not attributable to campaign or political purposes — a potential violation of campaign finance law and House rules.

Jackson refused to cooperate with the investigation, according to the review, but his attorney disputed the findings in a letter to the House ethics panel.

The advisory board found that Jackson’s campaign expenses “may not be legitimate,” asserting that Jackson “used campaign funds to pay for unlimited access to the Amarillo Club, a private dining club located in Amarillo, Texas.”

The review documents that Jackson’s campaign fund, Texans for Ronny Jackson, has made consistent payments to the Amarillo Club since October 2020, including dues, membership food, beverage and membership fees. Between October 2020 and September 2021, the review found that Jackson’s campaign committee made 11 monthly dues payments to the club, totaling $1,929.07.

On the Southern Plains, 1907, Frederic Remington

And for some reason, someone just had to hear from Henry Kissinger’s war criminal mouth one more time.  This is from the Washington Post. “Kissinger says Ukraine should concede territory to Russia to end war. ”  He really puts the meat to the bones in terms of that old saying “Only the good die young.”  They evidently invited him to Davos.  (Sigh)

Former U.S. secretary of state Henry A. Kissinger said Monday that Ukraine should concede territory to Russia to help end the invasion, suggesting a position that a vast majority of Ukrainians are against as the war enters its fourth month.

Speaking at a conference at the World Economic Forum in Davos, Switzerland, Kissinger urged the United States and the West to not seek an embarrassing defeat for Russia in Ukraine, warning it could worsen Europe’s long-term stability.

After saying that Western countries should remember Russia’s importance to Europe and not get swept up “in the mood of the moment,” Kissinger also pushed for the West to force Ukraine into accepting negotiations with a “status quo ante,” which means the previous state of affairs.

“Negotiations need to begin in the next two months before it creates upheavals and tensions that will not be easily overcome. Ideally, the dividing line should be a return to the status quo ante,” said Kissinger, 98, according to the Daily Telegraph. “Pursuing the war beyond that point would not be about the freedom of Ukraine, but a new war against Russia itself.”

There are 4 states having primaries today.  Georgia will likely be the most-watched but all are important.

This is from the NPR tweet link above.  Some of these candidates are real doozies.

Four states hold primary contests Tuesday, including runoff elections in Texas.

Georgia holds the political spotlight, as the endorsement power of former President Donald Trump faces its biggest test yet — and likely its largest failure — as Democrats also seek a path to flip the state’s control from a divided GOP.

Trump has endorsed a slew of Georgia candidates — including lesser-known, down-ballot races like insurance commissioner — in the state where he faces a criminal probe after a January 2021 call in which he asked Republican Secretary of State Brad Raffensperger to “find” some 12,000 votes to overturn his 2020 election defeat.

I personally want Huckabuck defeated in Arkansas because I can’t take any more of her constant lying. Unfortunately, the Lt Governor dropped out to run for AG and her only rival is a dark horse.  We’ll have to hope that the Democratic candidate can win in November.

Well, that’s today’s Journal of High Plains Grifting.  I’m sure there will be more when the Jan, 6 Committee starts its hearings next month.

What’s on your reading and blogging list today?


Monday Reads: Of Droogs, Unwinable Wars, and Civil Rights Protests

Good Day Sky Dancers!

Fifty years ago, Elton John released Tiny Dancer, and Clockwork Orange was playing in theatres. We were fighting what seemed like an endless war run by a lawless President.  It was the year of the Easter Offensive when North Vietnamese forces overran South Vietnamese forces. It was probably the first true evidence of a war the US would not win.

Shirley Chisholm became the first woman and African American to seek the nomination for president of the United States from one of the two major political parties. The Equal Rights Amendment (ERA) passed Congress and got 35 of the 38 votes to become a Constitutional Amendment.  In 1972, Native Americans occupied the Bureau of Indian Affairs.  The protest came from tribal frustration with the government’s ‘Trail of Broken Treaties.’  It lasted six days.

After the Senate voted passage of a constitutional amendment giving women equal rights, Sen. Birch Bayh, D-Ind., left, met with two supporters and one opponent, Wednesday, March 23, 1972 in the Capitol in Washington. Sen. Sam Ervin, D-N.C., second from right, one of eight senators who voted against the amendment. Others are Rep. Martha Griffiths, D-Mich., and Sen. Marlow Cook, R-Ky.

Furman v. Georgia was decided in 1972.  The United States Supreme Court invalidated all death penalty schemes in the United States in a 5–4 decision.  Each member of the majority wrote a separate opinion. The Civil Rights act of 1972 passed which led to Title IX.

A recipient institution that receives Department funds must operate its education program or activity in a nondiscriminatory manner free of discrimination based on sex, including sexual orientation and gender identity. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment, which encompasses sexual assault and other forms of sexual violence; treatment of pregnant and parenting students; treatment of LGBTQI+ students; discipline; single-sex education; and employment. Also, no recipient or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in a proceeding under Title IX.

1972 was also the year of the Gary Declaration coming from a National Black Political Convention. Reverend Jesse Jackson was just one of many to attend the convention.

What Time Is It?

We come to Gary in an hour of great crisis and tremendous promise for Black America. While the white nation hovers on the brink of chaos, while its politicians offer no hope of real change, we stand on the edge of history and are faced with an amazing and frightening choice: We may choose in 1972 to slip back into the decadent white politics of American life, or we may press forward, moving relentlessly from Gary to the creation of our own Black life. The choice is large, but the time is very short.

Let there be no mistake. We come to Gary in a time of unrelieved crisis for our people. From every rural community in Alabama to the high-rise compounds of Chicago, we bring to this Convention the agonies of the masses of our people. From the sprawling Black cities of Watts and Nairobi in the West to the decay of Harlem and Roxbury in the East, the testimony we bear is the same. We are the witnesses to social disaster.

Our cities are crime-haunted dying grounds. Huge sectors of our youth — and countless others — face permanent unemployment. Those of us who work find our paychecks able to purchase less and less. Neither the courts nor the prisons contribute to anything resembling justice or reformation. The schools are unable — or unwilling — to educate our children for the real world of our struggles. Meanwhile, the officially approved epidemic of drugs threatens to wipe out the minds and strength of our best young warriors.

Economic, cultural, and spiritual depression stalk Black America, and the price for survival often appears to be more than we are able to pay. On every side, in every area of our lives, the American institutions in which we have placed our trust are unable to cope with the crises they have created by their single-minded dedication to profits for some and white supremacy above all.

Me in 1973 with friends.

I was in high school feeling like we might actually get through this all and get to the dream of a more perfect Union. It was definitely a year of ups and downs. Fifty years ago seems like another lifetime. You’d think we’d see more progress on all of this.

We do have a Black Woman Vice President but no ERA and we had our first Black Man elected President who served two terms.. The Department of Interior is led by an Indigenous woman who has planned reforms that might bring more civil rights to our native peoples.  Women’s sports are taken a lot more seriously but not one woman player earns what her male peers make.

Black Americans face a new wave of voter suppression and a Supreme Court ready to tear through laws meant to improve access to American Universities not unlike what the 1972 Civil Rights law sought to do on the basis of gender.  We just got rid of a second long, unwinnable war but will we have another?

We also have Elton John on tour and Droogs. The Droogs are the white male Maga Men and hide under names like Oathkeepers, Proud Boys, and Patriot Front.

Some things don’t change and in this country, we know why. They don’t share power. They don’t want to. They’ll do anything to keep as much of it as possible.  We have a White Male problem and it’s mostly got the face of an extreme patriarchal take of Christianity.

So that’s the perspective. This is the reality in 2022.  This is from MS Magazine whose first stand-alone magazine was published in 1972. Excerpts from Elizabeth Hira’s “Americans Are Entitled to Government That Truly Reflects Them. Let’s Start With the Supreme Court” are going to show you exactly how far the rest of us still have to go.  It’s in response to the audacity the Republican Party has to hold up Joe Biden’s promise to appoint the first black woman to the Supreme Court as some kind of affirmative action for a less-qualified person which is total Bull Shit.

This is the premise she completely proves. “Our current system has created conditions where, statistically, mostly white men win. That is its own kind of special privilege. Something must change.”

This is her conclusion. “American government in no way reflects America—perpetuating a system where male, white power makes decisions for the rest of us.”

These are her descriptive statistics.

Data shows these claims are not hyperbolic. A Supreme Court vacancy started this inquiry: There have been 115 Supreme Court justices. 108 have been white men. One is a woman of color, appointed in 2009. (Americans have had iPhones for longer than they’ve had a woman-of-color justice.)

One might be tempted to dismiss old history, except that the Supreme Court specifically cannot be looked at as a “snapshot in time” because the Court is built on precedent stretching back to the nation’s founding. Practically speaking, that means every decision prior to 1967 (when Justice Thurgood Marshall joined the Court) reflected what a group of exclusively white men decided for everyone else in America—often to the detriment of the unrepresented.

In a nation that is 51 percent female and 40 percent people of color, are white men simply more qualified to represent the rest of us than we are of representing ourselves? That sounds ridiculous because it is. And yet that is the implication when naysayers tell us that race and gender do not matter—that the “most qualified” people can “make the best choices” for all of us, and they all just happen to be white men.

What’s worse, those white men aren’t just making broad, general decisions—each and every branch of government acts in ways that directly impact people because of their race and gender, among other identities.

  • When the Supreme Court considers affirmative action, it will be considering whether race matters for students who are already experiencing an increase in school segregation—what Jonathan Kozol once dubbed “Educational Apartheid.”
  • When Congress is inevitably asked to pass a bill to protect abortion should the Court strike down Roe v. Wade, 73 percent of the Congress making that decision will be men—not people who could even potentially experience pregnancy.
  • When recent voting rights bills failed, it was because two white Democrats and 48 Republicans (45 white and three non-white) collectively decided not to protect all American voters of color against targeted attacks on their access to the ballot.
  • When Senator Kyrsten Sinema spoke to the Senate floor about why she could not take necessary steps to protect Americans of color, she did not have to look a single sitting Black woman senator in the eye. Because there are none.

The Supreme Court is not alone in underrepresenting women, people of color, and women of color. Of 50 states, 47 governors are white, 41 are men. Nearly 70 percent of state legislators are male.

The pattern holds federally, too: Today’s Congress is the most diverse ever—a laudable achievement. Except that today’s Congress is 77 percent white, and 73 percent male. (As an example of how clear it is that Congress was simply not designed for women, Congresswomen only got their own restroomin the U.S. House in 2011.)

In the executive branch, 97.8 percent of American presidents have been white men. There has never been a woman president.

BIA Spokesperson at Trail of Broken Treaties Protest: 1972
John Crow of the Bureau of Indian Affairs answers questions from Native Americans on November 2, 1972 at 1951 Constitution Avenue NW in Washington, D.C on the first day of the Trail of Broken Treaties demonstrations.

The numbers don’t lie.  I don’t even want to go into the number of American presidents that have been worse than mediocre including the previous guy.  This is the kind of systemic discrimination perpetuated in this country’s primary decision-makers. It is no wonder 50 years later we are even losing the table scraps they’re stealing now.

I’m going to leave you with this one last analysis before telling you to go read the entire essay.

The first female major-party presidential nominee was dogged by questions of her “electability,” and recent data shows large donors gave Black women congressional candidates barely one-third of what they gave their other female counterparts. Some people don’t support women and candidates of color because they worry these candidates simply can’t win in a white male system of power—which perpetuates a white male system of power. To create equitable opportunities to run, we must change campaign finance structures. It’s a necessary precursor to getting a government that looks like everyone.

I’m trying to send money to Val Demings in her effort to take down Mark Rubio.  Mark Rubio will never consider the interests of all of his constituency because he’s funded by white males with a vested interest in their monopolies on politics and the economy.

What’s on your reading and blogging list today?

Now Tom said, “Mom, wherever there’s a cop beating a guy
Wherever a hungry newborn baby cries
Where there’s a fight against the blood and hatred in the air
Look for me, Mom, I’ll be there

Wherever somebody’s fighting for a place to stand
Or a decent job or a helping hand
Wherever somebody’s struggling to be free
Look in their eyes, Ma, and you’ll see me”
Yeah!

Like Tom Joad, I was born an Okie. I was born on the Cherokee strip one of those places on the Trail of Broken Treaties at the end of the Trail of Tears.  “The Grapes of Wrath” was on many a book banning and burning list back in the day. Look for it again on a list near you.