Tuesday Reads: Republicans Fight the Law; Will the Law Win?

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Good Afternoon!!

Remember that so-called “whistleblower” that House Republicans were so excited about? They claimed to have a witness who would blow their “Biden family corruption” case wide open. Then the witness supposedly disappeared and they had no idea where he was. Well, yesterday the DOJ indicted the guy. It turns out he’s an agent for China.

The Daily Beast: GOP’s ‘Missing’ Biden Probe Witness Faces Laundry List of Federal Charges.

The “missing” witness long-touted by Republicans in Congress as the missing link to their probe into alleged Biden family corruption was accused Monday of being an unregistered foreign agent for China and an international arms trafficker while violating U.S. sanctions on Iran and lying to investigators, among a laundry list of other federal charges.

Dual U.S.-Israeli citizen Gal Luft had already skipped out on his bail while in Cyprus awaiting extradition to the U.S. for a separate case in March—though he alleges that the sprawling case against him represents political persecution and retaliation by the Biden administration against a potential witness.

The House Oversight Committee has for months touted a secret “informant” who could provide evidence of an alleged “quid pro quo” deal for foreign aid between an Obama-era Biden and an unnamed country—though details of the arrangement remain murky and unverified at best.

Those claims partially unraveled when Rep. James Comer (R-KY) in May held a much-hyped press conference in which he promised to expose the preliminary findings of four months’ worth of scrutiny into the Biden family’s business dealings—while failing to air any real evidence of corruption. He then offered a partial excuse for the failure: their star witness had up and disappeared….

Luft then came forward days later in an interview with New York Post opinion columnist Miranda Devine, alleging that he was hiding out in an undisclosed location after being arrested on five charges, including arms dealing across the Third World, as well as a violation of the Foreign Agents Registration Act, among other charges.

“The chances of me getting a fair trial in Washington are virtually zero,” he told Devine as the reason he skipped out on his bail. “I had to do what I had to do.”

Comer and other Republican House members continued to tout Luft as a credible witness right up until Friday, the day before charges were announced by the SDNY.

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

More information on Luft from The Independent: ‘Whistleblower’ who accused Bidens of corruption is charged with arms trafficking and violating Iran sanctions.

A “whistleblower” who has repeatedly accused the Bidens of corruption has been charged by the Justice Department with arms trafficking, acting as a foreign agent for China and violating Iran sanctions.

Gal Luft, who is a citizen of both the United States and Israel, is accused of paying a former adviser to Donald Trump on behalf of principals in China in 2016 without registering as a foreign agent.

Prosecutors say that Mr Luft pushed the former government employee, who is not named, to push policies that were favourable to China.

They also allege that he set up meetings between officials of Iran and a Chinese energy company to discuss oil deals, which would violate US sanctions.

They also alleged that Mr Luft “conspired with others and attempted to broker illicit arms transactions with, among others, certain Chinese individuals and entities” by working as a middleman to find both buyers and sellers for “certain weapons and other materials” in violation of the US Arms Control Act.

Specifically, prosecutors say he attempted to broker a sale of anti-tank weapons, grenade launchers and mortar rounds to Libya by Chinese companies, and also pushed to arrange for the United Arab Emirates to purchase bombs and rockets, and for Kenya to acquire unmanned aerial vehicles capable of striking targets on the ground.

He sounds like a great witness for the Republican “investigations.”

Mr Luft, 57, was arrested in Cyprus in February on US charges but fled after being released on bail while awaiting extradition and is not currently in US custody.

US Attorney for the Southern District of New York Damian Williams said in a statement that Mr Luft “engaged in multiple, serious criminal schemes”.

“He subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking U.S. Government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement,” Mr Williams said.

“As the charges unsealed today reflect, our Office will continue to work vigorously with our law enforcement partners to detect and hold accountable those who surreptitiously attempt to perpetrate malign foreign influence campaigns here in the United States”.

Comer was still defending this guy as a credible witness last night on NewsMax.

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Yesterday Judge Cannon granted a short delay in for Walt Nauta to appear in the Mar-a-Lago stolen documents case.

Raw Story: Judge Aileen Cannon grants ‘unnecessary’ delay in Trump documents case.

Controversial U.S. District Judge Aileen Cannon granted a delay for Donald Trump’s aide and co-defendant Walt Nauta in a classified documents case. Prosecutors have called the delay “unnecessary.”

In a filing on Monday, Nauta’s team asked to delay Friday’s hearing, which was set to determine how some materials would be handled in the trial. The attorneys did not propose a date for the new hearing.

“An indefinite continuance is unnecessary, will inject additional delay in this case, and is contrary to the public interest,” special counsel Jack Smith said in a subsequent filing on Monday.

On Tuesday, Cannon granted a 4-day delay, setting the new hearing for July 18 at 2:00 P.M. A court filing said Trump and Smith had agreed to the new date.

This is obviously part of Trump’s usual strategy of delaying court cases as long as possible. Now the Trump lawyers are trying to get Cannon to delay the case until after the 2024 election!

The New York Times: Trump Lawyers Seek Indefinite Postponement of Documents Trial.

Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.

The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.

While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.

There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely….

Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.

This really is a test for Cannon. If she grants such a delay, she should be replaced.

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Here are some details on the Trump filing, from the TPM Morning Memo, by David Kurtz.

Some of the filing is the usual defense counsel performative moaning and groaning and sighing heavily about all the work involved and the inherent advantages prosecutors have over them because they’ve long had access to the evidence, blah blah blah. To that end, Trump wants U.S. District Judge Aileen Cannon to:

  • withdraw her order for an August 2023 trial;
  • reject DOJ’s proposal for a December 2023 trial; and
  • postpone indefinitely even setting a trial date.

But there’s more than the usual slow-rolling going on here. And it matters to the big question of whether Cannon can and will keep the Mar-a-Lago case on track for a trial before the 2024 presidential election.

Trump’s claims in this regard are remarkable:

  • He’s too busy running for president to be put on trial.
  • He’s too busy with other criminal and civil trials to add this one to the calendar.
  • He’s still trying to make the case about the Presidential Records Act (it’s not).
  • “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”
  • You can’t find an impartial jury in the midst of a presidential election.

The overall thrust of the filing by Trump is that a trial before the election is not advisable, though it stops short of saying so explicitly.

One more on the documents case from Jose Pagliery at The Daily Beast: Mar-a-Lago Jury Selection Will Be a MAGA Country Minefield.

The federal judge overseeing Donald Trump’s classified documents trial is taking steps that could stock the jury box with the former president’s supporters.

U.S. District Judge Aileen M. Cannon has set the upcoming trial to open on Aug. 14 at her tiny satellite courthouse in the northern reaches of her district, which stretches from the tropical Florida Keys to the citrus groves halfway up the state.

That decision means Trump’s jurors are set to be drawn from the most brightly red corner of a vast court district, plucked from a community that leans heavily Republican—instead of the highly populous and more Democratic urban areas further south….

Park View, Aksel Jørgensen, Danish, 1909

Park View, Aksel Jørgensen, Danish, 1909

Several Miami lawyers, some of whom asked to remain anonymous because they have active cases before Cannon, noted that Trump’s chances to win what otherwise appears to be an insurmountable criminal case increase the further north he goes.

“You drive around, and you’ll see ‘Trump’ flags and ‘Make America Great Again’ flying in front of houses,” said Paul Bernard, a criminal defense lawyer in Fort Pierce. “With Trump’s trial down this way, he’s going to have a bunch of supporters—and they’re going to make their way onto the jury panel.”

According to local court rules, federal trials in the Fort Pierce division draw jurors from five counties: Highlands, Indian River, Martin, Okeechobee, and St. Lucie.

It’s solidly MAGA country: all five counties voted heavily in favor of Trump in the 2020 election he ultimately lost, with Okeechobee topping out at 72 percent. Across the board, the former president nabbed 62 percent of the vote on average.

Read the whole thing at The Daily Beast link.

There is also news in the Georgia election interference case.

The Atlanta Journal-Constitution: Grand jurors who will consider Trump charges to be selected Tuesday.

The selection of two Fulton County grand juries will be made Tuesday, with one of the panels expected to decide whether to hand up an indictment for alleged criminal interference in the 2020 presidential election.

One set of jurors is likely to be asked to bring formal charges against former President Donald Trump and other well-known political and legal figures. In a letter to county officials almost two months ago, District Attorney Fani Willis indicated the indictment could be obtained at some point between July 31 and Aug. 18.

Willis began her investigation shortly after hearing the leaked Jan. 2, 2021, phone call in which Trump asked Secretary of State Brad Raffensperger to “find” the 11,780 votes he needed to defeat Joe Biden in Georgia. She later convened a special purpose grand jury which examined evidence and heard testimony over an almost eight-month period. Its final report, only part of which has been made public, recommended multiple people be indicted for alleged crimes.

Ravens, by Päivi Ollila (Finnish, b. 1982)Superior Court Judge Robert McBurney, who oversaw the special purpose grand jury, will preside over Tuesday’s selection of the two grand juries for this term of court.

Each panel will have 23 grand jurors, plus three alternates. One panel will meet Mondays and Tuesdays, the other Thursdays and Fridays. Both will work in secret and are expected to decide whether to hand up indictments in hundreds of cases. It is unclear which one will consider the much-anticipated election-meddling case.

When a grand jury meets, at least 16 members must be present to conduct business. At least 12 grand jurors must vote to bring an indictment. The burden of proof is much lower for a grand jury to indict someone than it is for a jury to convict or acquit someone and grand jurors typically hear only from the prosecution.

It sounds like indictments could be coming soon.

One more story out of Georgia, from Kaitlyn Polantz at CNN: Rudy Giuliani is negotiating possible resolution to lawsuit brought by 2 Georgia election workers.

Rudy Giuliani is negotiating a possible resolution in his ongoing court dispute with former Georgia election workers Wandrea “Shaye” Moss and Ruby Freeman, after they accused him of defaming them following the 2020 election and already won nearly $90,000 from him for attorneys’ fees.

The lawsuit from Moss and her mother, Freeman, presents a significant risk to Giuliani financially. It also comes at a time when the former New York mayor and Manhattan prosecutor is attempting to fend off two disbarment proceedings, as well as interest from special counsel Jack Smith’s office, which is criminally investigating Donald Trump’s response to the 2020 vote, of which Giuliani was a central player.

In a court filing late Friday, Moss and Freeman’s legal team disclosed that Giuliani’s lawyer approached them on Thursday “to discuss a potential negotiated resolution of issues that would resolve large portions of this litigation and otherwise give rise to Plaintiffs’ anticipated request for sanctions.”

“Counsel for both parties have worked diligently to negotiate a resolution and believe they are close,” Moss and Freeman’s lawyer wrote.

The negotiation is over “certain factual issues regarding Defendant Giuliani’s liability,” the court filing also said.

Another update on the negotiations is expected in court on Tuesday….

Moss and Freeman accuse Giuliani of scapegoating them in a fabricated effort to undermine how votes were counted in Georgia in 2020.

That’s all I have for you today–lots of legal news involving corrupt Republicans. What else is new?


Lazy Caturday Reads

Cat in frying pan

Cat in frying pan

Happy Caturday!!

After all the excitement the last two weeks, today feels like a somewhat slow news day. It’s a long weekend, so that might have something to do with it. Anyway, I have found several interesting stories to share with you. 

First up, this fascinating long read at ProPublica by Jennifer Berry Hawes: How a Grad Student Uncovered the Largest Known Slave Auction in the U.S.

Sitting at her bedroom desk, nursing a cup of coffee on a quiet Tuesday morning, Lauren Davila scoured digitized old newspapers for slave auction ads. A graduate history student at the College of Charleston, she logged them on a spreadsheet for an internship assignment. It was often tedious work.

She clicked on Feb. 24, 1835, another in a litany of days on which slave trading fueled her home city of Charleston, South Carolina. But on this day, buried in a sea of classified ads for sales of everything from fruit knives and candlesticks to enslaved human beings, Davila made a shocking discovery.

On page 3, fifth column over, 10th advertisement down, she read:

“This day, the 24th instant, and the day following, at the North Side of the Custom-House, at 11 o’clock, will be sold, a very valuable GANG OF NEGROES, accustomed to the culture of rice; consisting of SIX HUNDRED.”

She stared at the number: 600.

A sale of 600 people would mark a grim new record — by far.

Until Davila’s discovery, the largest known slave auction in the U.S. was one that was held over two days in 1859 just outside Savannah, Georgia, roughly 100 miles down the Atlantic coast from Davila’s home. At a racetrack just outside the city, an indebted plantation heir sold hundreds of enslaved people. The horrors of that auction have been chronicled in books and articles, including The New York Times’ 1619 Project and “The Weeping Time: Memory and the Largest Slave Auction in American History.” Davila grabbed her copy of the latter to double-check the number of people auctioned then.

It was 436, far fewer than the 600 in the ad glowing on her computer screen.

She fired off an email to a mentor, Bernard Powers, the city’s premier Black history expert. Now professor emeritus of history at the College of Charleston, he is founding director of its Center for the Study of Slavery in Charleston and board member of the International African American Museum, which will open in Charleston on June 27.

If anyone would know about this sale, she figured, it was Powers.

Yet he too was shocked. He had never heard of it. He knew of no newspaper accounts, no letters written about it between the city’s white denizens.

“The silence of the archives is deafening on this,” he said. “What does that silence tell you? It reinforces how routine this was.”

dc398d0b1d4479109f0fcccaf553470dDavila eventually approached ProPublica with her find. A reporter did further research, and eventually learned the source of the ad.

A ProPublica reporter found the original ad for the sale, which ran more than two weeks before the one Davila spotted. Published on Feb. 6, 1835, it revealed that the sale of 600 people was part of the estate auction for John Ball Jr., scion of a slave-owning planter regime. Ball had died the previous year, and now five of his plantations were listed for sale — along with the people enslaved on them.

The Ball family might not be a household name outside of South Carolina, but it is widely known within the state thanks to a descendant named Edward Ball who wrote a bestselling book in 1998 that bared the family’s skeletons — and, with them, those of other Southern slave owners.

Slaves in the Family” drew considerable acclaim outside of Charleston, including a National Book Award. Black readers, North and South, praised it. But as Ball explained, “It was in white society that the book was controversial.” Among some white Southerners, the horrors of slavery had long gone minimized by a Lost Cause narrative of northern aggression and benevolent slave owners.

Based on his family’s records, Edward Ball described his ancestors as wealthy “rice landlords” who operated a “slave dynasty.” He estimated they enslaved about 4,000 people on their properties over 167 years, placing them among the “oldest and longest” plantation operators in the American South.

Read the rest at ProPublica, if you’re interested in this history.

Yesterday, a jury found Robert Bowers, the Pittsburgh Tree of Life shooter guilty on all charges. CNN: Gunman in Pittsburgh synagogue shooting found guilty of all 63 federal charges.

Robert Bowers, the gunman who killed 11 worshippers at Pittsburgh’s Tree of Life synagogue in 2018, was convicted by a federal jury Friday on all 63 charges against him.

Bowers, 50, now faces the possibility of the death sentence at the hands of the same jury for the deadliest attack ever on Jewish people in the US.

Asked to individually confirm their verdicts, each juror answered “yes” without hesitation. Some were forceful in their replies. They deliberated for about five hours over two days.

Bowers was convicted of 11 capital counts of obstruction of free exercise of religious beliefs resulting in death and 11 capital counts of use of a firearm to commit murder during and in relation to a crime of violence, among other charges.

Bowers was also convicted of 11 counts of hate crimes resulting in death.

The convictions mean the trial will move to a separate penalty phase, with the jury weighing further evidence to decide whether to sentence him to death or life in prison without the possibility of parole.

The penalty phase is scheduled to begin June 26.

62931e379b97ed875a4adea872b90515Steve Almasy at CNN: Jury in Pittsburgh synagogue massacre trial will hear more distressing testimony when penalty phase begins.

For much of the past two-plus weeks, many of the federal government’s 60 witnesses described the horror when a gunman entered the Tree of Life synagogue in Pittsburgh in 2018 and killed 11 worshippers – the deadliest attack ever on Jewish people in the United States.

A federal jury convicted the gunman Friday on all 63 charges against him, including 22 capital charges. On June 26, the same jury will again hear horrible details of the massacre and what those losses mean to families, as it decides the fate of Robert Bowers….

Testimony from prosecution witnesses included a 911 operator who listened to a victim’s last words before she was fatally shot, a survivor who said one of the people who was killed fell inches from her, a police officer who had to step over bodies while rescuing a wounded SWAT member, and a wounded woman who refused to leave her mother as her mom died.

Other witnesses included medical, firearms and computer experts….

The president of the Jewish Community Center of Greater Pittsburgh said Friday that survivors have taken the witness stand to provide important testimony despite the immense difficulty of that task. They will continue to do so in the next phase of the trial, Brian Schreiber said.

“We look forward to hearing the direct victim-impact testimony. They will be able to tell, in their own words, what that loss feels like,” said Schreiber, who lost friends in the attack.

Schreiber did not take an official stance on a potential death sentence for the gunman.

“It’s going to be gut-wrenching,” said Jeff Finkelstein, president of the Jewish Federation of Greater Pittsburgh. “It’s going to reopen wounds that keep getting reopened for us here in our Pittsburgh community – not just the Jewish community, but this greater Pittsburgh region. And I just encourage everyone to seek the support that they might need.”

The Jewish Community Center of Greater Pittsburgh has been providing support for those affected by the shooting through its 10.27 Healing Partnership program, which Schreiber said will continue to offer resources. The name of the program is a nod to the date, October 27, 2018, when the attack took place.

Also yesterday, Merrick Garland released the results of a federal investigation of the Minneapolis Police that was begun after the murder of George Floyd. The New York Times: Minneapolis Police: Scathing Report Exposes Racist and Unconstitutional Policing.

The Justice Department on Friday released a damning account of systemic abuses and discrimination by the police in Minneapolis, the result of a multiyear investigation that began after the murder of George Floyd in police custody ignited protests across the country.

In an 89-page report, investigators laid out repeated instances of the police engaging in unlawful discrimination against Black and Native American people, as well routinely failing to take arrestees’ health complaints seriously and violating the First Amendment rights of demonstrators and journalists at protests.

ace80e13ef11b340f0a4ac14af159247“The patterns and practices we observed made what happened to George Floyd possible,” said Attorney General Merrick B. Garland, who ordered the investigation in April 2021.

The Justice Department found there was “reasonable cause to believe” that police officers engaged in a “pattern or practice of conduct that deprives people of their rights under the Constitution and federal law.”

Among many other examples of discrimination by officers, investigators outlined an episode in which an officer said his goal was to wipe the Black Lives Matter movement “off the face of the earth.” Mr. Garland added that officers often used some version of the line, “You can breathe, you’re talking right now,” when placing citizens in chokeholds.

The city has agreed to negotiate a court-enforced agreement that, if enacted, would require a sweeping overhaul of the city’s police force, which has faced an exodus of officers and a lack of community support since the death of Mr. Floyd, a 46-year-old Black man, in May 2020.

Read details of the agreement and reactions to the report in Minneapolis at the NYT link.

A bit of Trump investigation news broke yesterday. CNN: Special counsel seeks court order to ensure Trump and his defense don’t share materials turned over in discovery.

Special counsel Jack Smith’s team is asking the judge in the classified documents case against Donald Trump to bar the former president and his defense team from publicly disclosing some of the materials shared in the criminal case as part of the discovery process.

In a new filing on Friday, Smith’s team said that among the unclassified materials that prosecutors are set to turn over to the defense is “information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals.”

The filing, which includes a proposed protective order, is an expected, procedural step now that Trump has entered his not guilty plea and the proceedings are moving forward. Lawyers for Trump and his co-defendant Walt Nauta do not oppose the requested protective order, according to the filing.

US Magistrate Judge Bruce Reinhart, citing local court rules. Reinhart approved the search warrant the FBI executed at Mar-a-Lago last year.

Smith’s team said in the filing that the “government is ready to provide unclassified discovery to the defense.”

“The discovery materials include sensitive and confidential information,” including personal and financial data, information that reveals “sensitive” investigative techniques and information about potential witnesses, according to the filing. Some of that information could be in grand jury transcripts or recordings of witness interviews.

“The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals,” the filing said.

[Emphasis added] That sounds interesting. From Alan Feuer at The New York Times: Evidence in Trump Documents Case Hints at ‘Ongoing Investigations,’ Filing Says.

The federal prosecutors overseeing the classified documents case against former President Donald J. Trump said in court papers on Friday that the evidence they are poised to give the defense as part of the normal process of discovery contained information about “ongoing investigations” that could “identify uncharged individuals.”

98453aab3b11b23fbc8dfebd4fc3986cThe court papers — a standard request to place a protective order on the discovery material — contained no explanation about what those other inquiries might be or whether they were related to the indictment detailing charges against Mr. Trump of illegally retaining dozens of national defense documents and obstructing the government’s efforts to get them back. The papers also did not identify who the uncharged people were.

Still, the reference to continuing investigations was the first overt suggestion — however vague — that other criminal cases could emerge from the work that the special counsel Jack Smith has done in bringing the Espionage Act and obstruction indictment against Mr. Trump in Miami last week.

Mr. Smith is also overseeing the parallel investigation into Mr. Trump’s efforts to reverse his election loss in 2020 and the ensuing assault on the Capitol by a mob of his supporters on Jan. 6, 2021.

Some witnesses close to Mr. Trump have been questioned by Mr. Smith’s team in connection with the both the documents and election interference inquiries.

Very interesting.

One more crime story, h/t Dakninikat. From Marisa Sarnoff at Law and Crime: ‘BOOM’: Marine arrested in 2022 firebomb attack on Planned Parenthood clinic.

An active duty U.S. Marine is in federal custody after being arrested for allegedly firebombing a [Costa Mesa, CA] Planned Parenthood clinic in 2022.

Chance Brannon, 23, a Marine corporal, and Tibet Ergul, 21, were arrested Wednesday in the April 2022 attack, the U.S. Attorney’s Office announced in a press release. They are each charged with using an explosive or fire to cause property damage.

According to the criminal complaint, Brannon and Ergul attacked the clinic in the early morning hours of March 13, 2022. Prosecutors say they threw a Molotov cocktail — an incendiary device made up of a glass bottle containing a flammable substance, such as liquid gasoline, that is lit and then thrown, shattering on impact and igniting the liquid — at the clinic entrance. The fire damaged the building and, according to the Justice Department, caused the healthcare clinic to close the next day and cancel some 30 appointments.

Prosecutors say that a witness called in a tip to the FBI that Ergul had sent a text message describing the attack.

“BOOM [fire emoji],” the message from Ergul to the witness said in describing the impact of the Molotov cocktail on the building of the “Costa Mesa health center/Planned Parenthood clinic,” according to the complaint. Ergul allegedly told the witness that he wished he “could’ve recorded the combustion.”

The witness also identified Brannon to the FBI, in part through a picture Ergul sent the witness on March 14, 2022, appearing to depict the Molotov cocktail. The witness said the picture looked like it was taken inside Brannon’s car.

Both defendants are scheduled to be arraigned on July 24.

I’ll end with a little comic relief about the endless efforts of Republicans to prove that President Biden is corrupt.

The New Republic: Giuliani Says Key Biden Informant Is Dead.

There’s a new wrinkle in the Republicans’ totally legitimate investigation into Joe Biden: One of their informants is apparently dead, according to Rudy Giuliani.

Republicans have spent all week accusing the president of accepting a massive bribe from Ukraine (conveniently at the same time that Donald Trump was arrested for allegedly stealing and hiding classified documents), and have referred a number of times to a set of recordings that they claim prove his guilt. The GOP learned about these supposed recordings as part of the House Oversight Committee’s months-long investigation into the Biden family, which has yet to produce any actual evidence linking the president to wrongdoing.

28693116f46b144beb6bf6491dfdf937House members were allowed last week to see a redacted version of an FD 10-23, a form the FBI uses to note unverified information from confidential sources. Several Republican lawmakers say that not only does the FBI form they saw last week mention this bribe but that a Burisma executive has audio recordings of Biden and Hunter Biden accepting the money. Both Anna Paulina Luna and Marjorie Taylor Greene said that the executive is Burisma owner Mykola Zlochevsky.

But according to Rudy Giuliani, the executive is actually the wife of Burisma co-founder Mykola Lisin. Giuliani told Newsmax over the weekend that Lisin died under suspicious circumstances. He seemed to imply the businessman left the recordings to his wife, but she died before the FBI could interview her.

The FBI “followed up on none of the evidence I gave them,” Giuliani said. “I gave them one witness that any investigator would jump through hoops to go to. Gave them a witness who is a woman, who is the chief accountant at this crooked company Burisma.”

“She was the wife of the former owner, who died under suspicious circumstances. And she was willing to give up all of the offshore bank accounts, including the Bidens’!”

Oh my goodness me! How very incriminating. Except there is simply no evidence that any tapes involving Biden actually exist.

From Tommy Christopher at Mediaite: Jim Jordan Notes ‘We Don’t Know For Sure If These Tapes Exist’ When Asked About Impeaching Biden Over Probe.

Ohio Republican Congressman Jim Jordan pointed out “we don’t know” if the tapes Republicans claim implicate President Joe Biden “exist” when he was asked about impeaching the president.

Republicans like Sen. Chuck Grassley (R-IA) and Rep. James Comer (R-KY) are having a rough time with the media in their promotion of an FBI form they say details allegations against Biden and his son Hunter Biden — the latest wrinkle being the claim that an informant’s source claims to have over a dozen audiotapes implicating Biden.

Several Republicans have pumped the brakes by pointing out the tapes may not even exist, including Grassley, Comer, and Wisconsin Sen. Ron Johnson.

On a recent edition of The Chris Salcedo Show, Jordan pointedly brought up the uncertainty in the context of impeaching Biden over the tapes, telling host Chris Salcedo that “we don’t know for sure if these tapes exist.” [….]

When reached for comment, White House counsel spokesman Ian Sams told Mediaite, “Everything in their so-called investigation seems to be mysteriously missing: informants, audio tapes, and most importantly of all – any credible evidence. Maybe it’s time for House Republicans to join the President to focus on real issues that matter to the American people like fighting inflation and creating jobs instead of these sad sideshow stunts.”

That’s it for me today. I hope you are all having a nice long weekend.


Tuesday Reads

HENRI MATISSE -Les Pensées de Pascal,1924

HENRI MATISSE -Les Pensées de Pascal,1924

Good Morning!!

I’m still trying to recover from Dakinikat’s post yesterday. She seems convinced that the Supreme Court will agree with the 5th Circuit that the way the Consumer Finance Protection bureau is financed is unconstitutional and their decision will lead to the downfall of the Federal Reserve, Social Security, Medicare, and other off-the-books programs. I’m not convinced it will happen, but I’m still extremely depressed by Dakinikat’s arguments.

But for today, I’m trying to set all that aside and just worry about what’s happening (or not happening) with the debt ceiling. Here’s the latest on that emergency.

This is an opinion piece by The Washington Post’s Katherine Rampell, who is very knowledgeable about economic issues: After breaking itself, Congress tries to break the rest of government, too.

The GOP House’s debt-limit-and-spending-cuts bill does a lot of things to sabotage the basic functions of government. It decimates spending on safety-net programs. It creates more red tape to block Americans from accessing services they’re legally eligible for. And it makes it harder for government to fund itself in the first place.

But perhaps the most destructive, least noticed part of the bill is a provision that would force virtually all federal regulatory machinery to grind to a halt.

Tucked into Republicans’ debt-limit-ransom bill is some legislative language that has been kicking around Capitol Hill for a while, known as the Reins Act. If enacted, the law would prevent “major” agency regulations — somewhere around 80 to 100 per year — from going into effect unless Congress first approves each and every one.

To be clear, under current law, Congress already has the ability to rescind regulations it dislikes. This new bill would essentially change the default, so that no major regulation could take effect before Congress gives its blessing.

This change might sound reasonable. After all, tons of American problems have been dumped at the feet of executive-branch agencies (guns, immigration, health costs, etc.). It would be great if federal lawmakers got more involved in trying to solve literally any of them.

But if you think about how Congress actually functions (or rather, doesn’t), you’ll realize this is not an earnest attempt to get lawmakers to roll up their sleeves and conquer the Big Issues. It’s about throwing sand in the gears of the executive branch, so that no one can solve any issue. Ever.

Ernest Ange Duez

By Ernest Ange Duez

Rampell explains why the system is set up the way it is.

There are two main reasons Congress currently delegates certain regulatory issues to executive-branch agencies such as the Food and Drug Administration or the Securities and Exchange Commission.

First, some policy questions aretechnically challenging. What amount of arsenic in the air is “safe”? What should bethe technical standards for mammography equipment? How should the Volcker Rule be implemented in practice? As talented and hard-working as congressional staff are, they might not have the time or expertise to make informed decisions about such minutiae. Agency scientists or other subject-matter experts are tapped to weigh evidence, solicit input from the public, hold hearings, etc., to execute the objectives Congress has enacted.

The second reason is political.

There are plenty of policy questions that Congress has technical capacity to resolve but might prefer not to. Maybe lawmakers can’t come to an agreement within their caucus. Maybe they know that whatever they choose to do will be unpopular.

So: They punt, and make it some other government functionary’s problem.

For example, Congress has been unable to pass significant immigration reform in more than three decades, leaving the executive branch to address migration-related problems in sometimes legally tenuous ways (see: the legal limbo ofso-called dreamers, or former president Donald Trump’s unfunded border wall). Congress has all but abdicated many of its basic responsibilities to other branches of government, such as passing a budget, setting tariffs or deciding on abortion rights.

Or, you know, making sure the federal government doesn’t default on its debt. Apparently even some Republicans are now rooting for President Biden to direct Treasury to mint a new $1 trillion platinum coin to pay off government expenses or adopt some other deus-ex-machination.

Read more at the WaPo.

Biden and McCarthy are meeting again today. From The New York Times: Biden and McCarthy Set for More Talks as Debt Limit Deadline Nears.

The 3 p.m. meeting comes a day after Treasury Secretary Janet L. Yellen reiterated that the United States could run out of money to pay its bills by June 1 if Congress does not raise or suspend the debt limit.

Jean Metzinger (French, 1883–1956), Tea Time, woman with a spoon

Jean Metzinger (French, 1883–1956), Tea Time, woman with a spoon

Republicans have said they want to slash federal spending before lifting the debt ceiling. The president has maintained that raising the limit is a responsibility of Congress and should be done without conditions to avoid an economic disaster, even as he has said he is open to separate negotiations over spending.

Over the weekend, the White House projected cautious optimism regarding a potential agreement, but on Monday, Speaker Kevin McCarthy expressed doubts.

“I don’t think we’re in a good place,” Mr. McCarthy said. “I know we’re not.”

Some potential areas of compromise have emerged in recent days, however. Mr. McCarthy said on Monday that he wanted to negotiate some of the key provisions of the bill to raise the debt limit that House Republicans passed last month. Those include spending caps, permitting changes for domestic energy projects, work requirements for safety net programs like food stamps and clawing back unspent money allocated for pandemic relief programs. “All of that I felt would be very positive,” he said.

Most of the people on food stamps are children, so this would go along with the new Republican push to get rid of child labor laws.

In addition to Mr. McCarthy, Senator Mitch McConnell, Republican of Kentucky and the minority leader; Senator Chuck Schumer, Democrat of New York and the majority leader; and Representative Hakeem Jeffries of New York, the Democratic leader, will join Mr. Biden at the White House.

The government hit the $31.4 trillion debt limit on Jan. 19, and the Treasury Department has been using accounting maneuvers to keep paying its bills. Mr. Biden is also scheduled to leave for Japan on Wednesday to attend the Group of 7 meeting, heightening the sense of urgency to make progress on the debt limit….

“We welcome a bipartisan debate about our nation’s fiscal future,” Mr. Schumer said on Monday. “But we’ve made it plain to our Republican colleagues that default is not an option. Its consequences are too damaging, too severe. It must be taken off the table.”

Ms. Yellen will warn on Tuesday that the standoff over the debt limit is already having an impact on financial markets and is increasing the burden of debt on American taxpayers. Investors, she will note, have become wary of holding onto government debt that matures in early June — when the government could start running out of cash.

“We are already seeing the impacts of brinkmanship,” Ms. Yellen will say at the Independent Community Bankers of America summit, according to excerpts from her prepared remarks.

The Washington Post: Liberals grow fearful Biden may reward GOP for weaponizing debt ceiling.

The White House’s liberal allies are increasingly worried that negotiations with House Republicans over the budget risk rewarding the GOP for threatening the U.S. economy with default, even as Biden administration aides insist the talks have nothing to do with the looming debt ceiling deadline.

tea-time-jacques-jourdan

Tea Time, by Jacques Jourdan

Since last week, Biden aides have been in talks with staffers representing leaders in Congress about a deal to fund the federal government next year that would also raise the nation’s debt ceiling, which must be lifted by as soon as June 1 to avoid potential economic catastrophe. President Biden will host House Speaker Kevin McCarthy (R-Calif.) and other top congressional leaders again on Tuesday for more discussions.

The fresh talks follow months in which Biden and his top aides insisted that the White House would not entertain making any trade-offs to raise the debt limit, saying that would set a dangerous precedent that encourages GOP brinkmanship. And yet, to some critics, the administration appears to be doing exactly that — following unrelenting pressure from the business community and even some moderate Democratic voices to enter bipartisan talks after the House passed a spending and debt limit bill last month.

Publicly, Biden administration officials are adamant that they are working with House Republicans on a deal to fund the federal government in the next fiscal year — not to raise the debt ceiling. Privately, however, even some Biden aides recognize that the negotiations appear to be in part about the debt limit. Behind the scenes, negotiators are clear that any deal on the budget must resolve the debt ceiling deadline, as well. Democratic negotiators also acknowledge that they will have to agree to more spending cuts if they want to secure a longer extension of the debt ceiling — an implicit recognition that lawmakers are bartering over the full faith and credit of the U.S. government, an approach Biden has repeatedly disavowed.

“The issue here is principle: If you accept the idea that you can, in essence, be held to blackmail with the debt ceiling, it will be done again and again. Not to be crass, but it’s essentially negotiating with terrorists who have taken hostages,” said Dean Baker, a liberal economist at the Center for Economic Policy and Research, a left-leaning think tank. “More and more people in progressive circles are becoming concerned with it.”

Of course most of the mainstream media is reporting on all this as if it’s a typical negotiation over a political dispute, and failing to point out that Congressed raised the debt limit with no fuss when Trump was in the White House.

Jonathan Chait at New York Magazine: The Media Is Normalizing Debt-Ceiling Extortion. No, this isn’t how Congress always does it. It’s different and dangerous.

Ten years ago, when Barack Obama faced down an attempt by House Republicans to extract concessions in return for lifting the debt ceiling, he explained that he saw this tactic as inimical to functioning self-government. “If we continue to set a precedent in which a president … is in a situation in which each time the United States is called upon to pay its bills, the other party can simply sit there and say, ‘Well, we’re not going to … pay the bills unless you give us … what we want,’ that changes the constitutional structure of this government entirely,” he explained….

But as the new Republican-led House seeks to renew the effort to use the debt ceiling as a hostage, a revisionist interpretation has taken hold: This isn’t a new or dangerous tactic, it’s just how Congress operates.

At the Tea Table” (Konstantin Korovin, 1888)

At the Tea Table” (Konstantin Korovin, 1888)

“The House Republicans’ insistence on negotiations and compromise is not hostage taking. It is the ordinary stuff of politics,” claims law professor Michael McConnell. “A standalone clean debt ceiling is dead on arrival … In modern times, the debt ceiling is raised with negotiations,” asserts Punchbowl’s Jake Sherman.


Lazy Caturday Reads

Happy Caturday!!

Country Girl and her Kitten by Charles Landelle

Country Girl and her Kitten by Charles Landelle

Today is the day that Elon Musk said he would remove the blue checkmarks from “legacy” verified accounts on Twitter unless the users paid $8 per month. For businesses and government entities, the cost is much higher. The blue checks identify notable people who provide most of the engagement on the social media site. But so far today, the blue checks are still in place. Over the past few days, news organizations and the White House have said they will not pay, and a number of celebrities have also declined to pay. It doesn’t look like Musk will get much income from this stupid policy.

CNN Business: News organizations reject Elon Musk’s demand of paying to keep checkmarks on Twitter.

The New York Times, Los Angeles Times,the Washington Post, BuzzFeed, POLITICO, and Vox all scoffed at the notion on Thursday that they would pay Twitter for the feature, which has been free since it was introduced years ago but will soon be phased out.

CNN said it has no intention of paying for Twitter’s subscription service for its accounts but would make a few exceptions for some key staff.

“As of right now, we do not plan to pay for Twitter Blue subscriptions for either our brand or individual accounts, except for a small number of select teams who need this verification as an essential part of newsgathering and reporting,” said Athan Stephanopoulos, CNN’s chief digital officer, in a staff memo Friday.

Twitter announced last week that it will begin “removing legacy verified checkmarks” starting April 1. Musk has aimed to charge organizations that want to retain a checkmark adjacent to their account name $1,000 a month, plus an additional $50 a month for each affiliated account.

Historically, a blue checkmark placed next to the name of an account has indicated that the social media company has confirmed the identity of the person or business operating it. The feature has been helpful to Twitter’s entire community, giving the public an easy way of distinguishing between authentic and inauthentic users.

But Musk, who has sought to change Twitter’s business model and make it less reliant on advertisers — many of which have fled the company since he took over last year — wants to charge for the coveted check.

Musk earlier this year launched Twitter Blue, a subscription service that costs $8 a month. The main benefit? A blue checkmark.

Axios: Scoop: White House won’t pay for Twitter verification.

The White House will not pay to have its staff’s official Twitter profiles continue to be verified, according to guidance issued to staffers via an email obtained by Axios….

Official White House staffers rely on their verified accounts to inform the public on behalf of the administration. Verification, combined with the designated Twitter profiles, helped to ensure the public could trust those messages….

“It is our understanding that Twitter Blue does not provide person-level verification as a service. Thus, a blue check mark will now simply serve as a verification that the account is a paid user,” White House director of digital strategy Rob Flaherty told staffers in an email sent Friday afternoon.

The guidance, which was sent internally to White House staffers, doesn’t necessarily apply to government agencies, but a source familiar with White House plans said it may send guidance to some agencies and departments in the future.

This thread by a former Twitter employee provides a great deal of information about the past policies on Twitter verification and why making people who provide most of the content on the site pay for the privilege is really stupid.

It’s a long thread, but very interesting. Read the rest on Twitter.

Zeeshan Aleem at MSNBC: It looks like Elon Musk played himself with Twitter Blue. Elon Musk wanted to monetize blue checkmarks. It’s blowing up in his face.

Beginning April 1, Twitter will start removing “legacy verified checkmarks” from the profiles of celebrities, journalists, civil servants and other public figures. Twitter is making the move in an attempt to force more users to pay for “verified” check marks, as part of its agenda to monetize a service that was previously handled by the company for free.

But so far, the plan isn’t going well. As CNN reports, many media organizations, including The New York Times, Los Angeles Times, The Washington Post, BuzzFeed, POLITICO and Vox, are already saying they have no plans to dish out money for Twitter Blue, the fee-based service that includes those blue check marks. The White House will also not be paying staffers for verified accounts, according to Axios. And Los Angeles Lakers star LeBron James promises that he “ain’t paying.”

This was an entirely predictable case of Twitter CEO Elon Musk playing himself. Why would media outlets — or anyone else — rush to pay for verified badges when he’s systematically destroyed their meaning? [….]

Williard, by Emma Hesse

Williard, by Emma Hesse

Musk believed he could turn verified badges into a key source of new revenue for making Twitter profitable, a goal that’s surely growing more difficult as advertisers have fled Twitter en masse after Musk took over the company last year. But now key demographics that he would’ve hoped to have secured for paying for the service — journalists, famous celebrities, and government workers — might be checking out altogether. And that’s because Musk unraveled the purpose of the very thing he wanted to make money off.

As I’ve explained before, Musk fundamentally misunderstood or disregarded the true value of verified badges to most people who had them. Their original purpose was for Twitter to confirm that public figures were who they actually said they were in order to combat impersonation and misinformation. It was the key feature of what made Twitter a reliable source of news: verified accounts helped separate trustworthy statements and reporting from rumors and false claims.

But Musk decided that the reason verified badges were important was not because they verified identity, but because of the way they signaled social clout — and that he could cash in on this by trying to get a bigger network of people to pay for them. So now under his paid verification service, users’ identities are not confirmed, but blue checks can be distributed to anyone willing to open up their wallet. In other words, he’s hollowed out their meaning but kept the trappings intact.

Yesterday, an interesting court case involving Twitter was decided. The case demonstrates how Twitter has been used to promote disinformation.

The Washington Post: Trump supporter found guilty in 2016 Twitter scheme to undermine Hillary Clinton.

Douglass Mackey, a supporter of former president Donald Trump who used Twitter to disseminate false information to redirect would-be voters of Hillary Clinton in the 2016 presidential election, was convicted Friday on a charge of conspiracy against rights, the U.S. attorney’s office in Brooklyn announced.

A federal jury issued the verdict after a week-long trial in New York. Mackey, 33, faces 10 years in prison.

“Today’s verdict proves that the defendant’s fraudulent actions crossed a line into criminality and flatly rejects his cynical attempt to use the constitutional right of free speech as a shield for his scheme to subvert the ballot box and suppress the vote,” Breon Peace, the U.S. attorney for the Eastern District of New York, said in a statement.

By Belinda Del Pesco

By Belinda Del Pesco

In the months leading up to the 2016 presidential election, prosecutors said Mackey used a Twitter alias with about 58,000 followers — @Ricky_Vaughn99, reportedly derived from actor Charlie Sheen’s character Ricky Vaughn in the 1989 film “Major League” — to circulate messages on Twitter that encouraged Clinton’s supporters to “vote” via text message or social media, methods that were not valid.

“For example, on November 1, 2016, in or around the same time that Mackey was sending tweets suggesting the importance of limiting ‘black turnout,’ the defendant tweeted an image depicting an African American woman standing in front of an ‘African Americans for Hillary’ sign,” the U.S. attorney’s office said.

The deceptive ad stated: “Avoid the Line. Vote from Home,” “Text ‘Hillary’ to 59925” and “Vote for Hillary and be a part of history.” It also included fine print at the bottom that mimicked a real ad, stating: “Must be 18 or older to vote. One vote per person. Must be a legal citizen of the United States. Voting by text not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by Hillary For President 2016.”

Prosecutors said Mackey also used his Ricky Vaughn persona to tweet a similar deceptive ad in Spanish, which included a copy of Clinton’s campaign logo and her campaign’s oft-used “ImWithHer” hashtag.

Leading up to Election Day, at least 4,900 unique telephone numbers texted “Hillary” or something similar to the 59925 text number, the U.S. attorney’s office said. At the time, Mackey’s fake Twitter profile was rated the 107th most influential with respect to that year’s election, according to an analysis done by the MIT Media Lab, the U.S. attorney’s office said.

Read more at the WaPo.

We are all waiting with bated breath to find out what will happen on Tuesday when Trump is expected to voluntarily surrender and face charges recommended by the grand jury convened by Manhattan District Attorney Alvin Bragg. Trump has been using his social media platform Truth Social to threaten both the DA and the Judge in the case. I hope the judge will issue a gag order to shut him up. So far Trump’s followers haven’t shown signs of organizing as they did for January 6, but New York is preparing for possible violence. Here’s the latest:

The New York Times: How Alvin Bragg Resurrected the Case Against Donald Trump.

One year ago this week, the Manhattan district attorney’s investigation into Donald J. Trump appeared to be dead in the water.

The two leaders of the investigation had recently resigned after the new district attorney, Alvin L. Bragg, decided not to charge Mr. Trump at that point. Amid a fierce backlash to his decision — and a brutal start to his tenure — Mr. Bragg insisted that the investigation was not over. But a disbelieving media questioned why, if the effort was still moving forward, there were few signs of it.

“Unless y’all are great poker players,” Mr. Bragg told The New York Times in an early April 2022 interview, “you don’t know what we’re doing.”

What they were doing, new interviews show, was going back to square one, poring over the reams of evidence that had already been collected by his predecessor.

For a time, their efforts were haphazard as they examined a wide range of Mr. Trump’s business practices, including whether he had lied about his net worth, which was the focus of the investigation when Mr. Bragg had declined to seek an indictment. But by July, Mr. Bragg had decided to assign several additional prosecutors to pursue one particular strand that struck him as promising: a hush-money payment made on Mr. Trump’s behalf to a porn star during the final days of the 2016 presidential campaign.

On Thursday, Mr. Trump was indicted on that strand. He is expected to surrender to the authorities in Manhattan on Tuesday and face arraignment on more than two dozen charges, which will be unveiled at that time.

Read how it happened at the NYT link. It’s a long, interesting read.

Steve Hanks

By Steve Hanks

This is another fairly long read about what will happen on Tuesday. HuffPost: Trump Faces At Least 1 Felony Charge In Manhattan Case: Report.

Former President Donald Trump is facing multiple charges of falsifying business records, including at least one felony offense, in the indictment handed down by a Manhattan grand jury, two people familiar with the matter told The Associated Press on Friday.

He will be formally arrested and arraigned Tuesday in his hush money case, setting the scene for the historic, shocking moment when a former president is forced to stand before a judge to hear the criminal charges against him.

The indictment remained sealed and the specific charges were not immediately known, but details were confirmed by people who spoke on condition of anonymity to discuss information that isn’t yet public….

When Trump turns himself in, he’ll be booked mostly like anyone else facing charges, mug shot, fingerprinting and all. But he isn’t expected to be put in handcuffs; he’ll have Secret Service protection and will almost certainly be released that same day….

In the meantime, Trump’s legal team prepared his defense while the prosecutor’s office defended the grand jury investigation that propelled the matter toward trial. Congressional Republicans, as well as Trump himself, contend the whole matter is politically motivated.

“We urge you to refrain from these inflammatory accusations, withdraw your demand for information, and let the criminal justice process proceed without unlawful political interference,” Leslie Dubeck, general counsel in the office of Manhattan District Attorney Alvin Bragg, wrote in a letter sent Friday to three Republican House committee chairs that was obtained by The Associated Press.

New York City is making plans for security and to deal with any possible violence next week.

Since Trump’s March 18 post claiming his arrest was imminent, authorities have ratcheted up security, deploying additional police officers, lining the streets around the courthouse with barricades and dispatching bomb-sniffing dogs. They’ve had to respond to bomb and death threats, a suspicious powder scare and a pro-Trump protester who was arrested Tuesday after witnesses say she pulled a knife on passersby.

Since no former president had ever been charged with a crime, there’s no rulebook for booking the defendant. He will be fingerprinted and have a mug shot taken, and investigators will complete arrest paperwork and check to see if he has any outstanding criminal charges or warrants, according to a person familiar who requested anonymity to discuss sensitive security operations.

Cat on a counter, Joanelle Summerfield

Cat on a counter, Joanelle Summerfield

From The New York Daily News: Manhattan DA Alvin Bragg inundated with racist emails, death threats amid Trump indictment; ‘We are everywhere and we have guns.’

Manhattan District Attorney Alvin Bragg has been inundated with racist death threats amid his office’s historic indictment of former President Donald Trump, the Daily News has learned.

Included in a litany of profane, typo-laden emails sent to Bragg on the heels of Trump’s Thursday indictment were overtly racist and anti-Semitic insults and threats on the DA’s life.

“Hay George Soros a** hole puppet If you want President Trump come and get me to,” read one email. “Remember we are everywhere and we have guns.” [….]

People apparently unhappy about Bragg’s still-sealed indictment against Trump targeted multiple email addresses associated with Bragg’s website. The correspondence was shared exclusively with the Daily News by a senior adviser to Bragg, who asked to remain anonymous.

“How do we a a [n—-r] like you removed feom office?” read another email.

On a section of Bragg’s campaign website, where people can sign up to receive updates about Bragg’s work, scores of people entered fake names using racial epithets targeting the DA. The majority included despicable language like “bl*** trash [f—-r]” and “Aids Infested…” [….]

The largely anonymous onslaught comes as Trump’s incendiary rhetoric directed at Bragg, widely condemned as both violent and racist, escalates to a fever pitch following his indictment. Bragg is Manhattan’s first Black district attorney.

Read more at the Daily News link.

At NBC News, extremism reporter Ben Collins writes: Online threats of violence but few signs of far-right organizing around Trump indictment.

Minutes after news broke of former President Donald Trump’s indictment, a comment on the pro-Trump internet forum Patriots.win, also known as TheDonald, skyrocketed to the top of the message board.

“****ACCELERATE,” the comment, written by a user named TheSpeakerfortheDead, reads in its entirety.

Below that user, others quickly piled on, saying the grand jury that indicted Trump is “guilty of treason” and that their personal information should be made public.

The word “accelerate” is a reference to the far-right term accelerationism, the idea that the state must be abolished, usually violently, and replaced with a new one.

It’s one of a variety of comments posted online in far-right forums in the aftermath of Trump’s indictment. Many of those  forums commonly host violent rhetoric, and some were integral in planning around the Jan. 6 riot at the Capitol.

Sueellen Ross

By Sueellen Ross

While there is little evidence of similar planning for real-world unrest just yet, extremism researchers are keeping a close eye on the varied calls for everything from targeted attacks on the district attorney who brought the case to a new civil war.

“Accelerationism is a concept on the far right that’s defined by a cynicism and disbelief in the legitimacy of the democratic process or in functions of government,” said Jared Holt, a researcher at the extremism studies nonprofit Institute for Strategic Dialogue. 
“Subscribers to it suggest as a solution a series of actions that are often violent, and meant to compromise or hasten what they believe to be unavoidable collapse of that system.”

Holt said the term was used earlier in the decade to describe white supremacist extremist groups like Atomwaffen, who frequently agitate for and commit acts of violence. Some users on pro-Trump forums have begun to embrace the nomenclature as more and more radical and violent rhetoric has seeded into their space.

“The hope is that by advocating for the destruction of those systems or for the destabilizing of society — whether it’s through mass violence or purposeful misinformation — by playing a role in the collapse that they would also cement a position for themselves when they’re rebuilding it in their own image,” Holt he said.

Read the rest at the link.

One more from Insider: A gag order for Donald Trump is ‘extremely likely’ once he’s before a judge, legal expert says.

Former President Donald Trump can’t seem to stop talking about his indictment. But once he’s arraigned, it’s “extremely likely” that he’ll have to, a former senior staffer with the Manhattan District Attorney’s Office told Insider.

His freedom to rant on Truth Social and say what he wants about his case at rallies will likely change once he surrenders and appears in a Manhattan courthouse, according to Duncan Levin, who is also a former federal prosecutor with the Department of Justice.

Manhattan’s Acting Supreme Court Justice Juan Merchan, who is expected to arraign Trump on Tuesday, is likely to put conditions on his release, and that’s “most likely” when the judge will issue a gag order, restricting Trump from discussing the case, Levin said. If Trump violates it by speaking about the litigation outside the courtroom, he could face consequences.

Punishment for criminal contempt, under New York law, is a fine not exceeding $1,000, jail for up to 30 days or both.

“I think it’s not only a possibility, but it’s extremely likely that there will be a gag order in the case,” said Levin, known for representing clients including Harvey Weinstein and Anna Sorokin. “Gag orders are very common in criminal cases, particularly in cases where there is an enormous amount of pretrial publicity like this one.”

Irina Kalentieva - Gustave Francois Lasellaz French 1848-1910

Irina Kalentieva – Gustave Francois Lasellaz French 1848-1910

A bit more:

If there’s a gag order, Levin said Trump will be “very limited” in what he’s able to say, even if there may be proxies who speak for him. The court has the ability to set the rules for his conduct while he’s most likely to be out on bail, pending proceedings.

“This is a criminal case now, so the rules have changed, and the rules are no longer in his purview to make,” Levin said. “He is a criminal defendant and, you know, we see hundreds of thousands of criminal defendants across the country every day who have a lot of rights stripped away from them and he is now one of them. These proceedings are going to change his life.”

Former Indiana Attorney General Jeff Modisett said he also expected that a judge could narrowly craft a gag order that could survive an appeal. He added that Trump’s status as a presidential candidate certainly complicates the First Amendment questions that are always present when such an order is considered.

“I could see where in a case like this based upon statements like that a judge could … issue a gag order,” Modisett said after an Insider reporter read to him the former president’s attack on Merchan. “Given Donald Trump’s history in litigation there is likely to be an appeal, but a carefully defined, narrowly restricted gag order would be upheld by the courts on appeal.”

So that’s what’s happening today as I see it. What do you think? What other stories are you following?


Tuesday Reads

1-the-first-animals-franz-marc

The First Animals, by Franz Marc

Good Afternoon!!

We have gone through about 7 years of insanity with Donald Trump, first as a candidate, then as “president,” and now former “president.” At this point, it’s pretty clear that we’ll never be rid of him until he “shuffles off this mortal coil.”

During those years, I always turned to Twitter for the latest news and commentary from journalists and just plain folks. Trump made Twitter occasionally irritating, but now we face what could be an even great threat to the social media platform–a takeover by Elon Musk. And what’s coming could be even worse than I expected.

Musk plans to bring Trump back, and then there this even worse news from Vice: Elon Musk Spoke to Putin Before Tweeting Ukraine Peace Plan: Report.

Elon Musk spoke directly with Russian President Vladimir Putin before tweeting a proposal to end the war in Ukraine that would have seen territory permanently ceded to Russia, it has been claimed.

In a mailout sent to Eurasia Group subscribers, Ian Bremmer wrote that Tesla CEO Musk told him that Putin was “prepared to negotiate,” but only if Crimea remained Russian, if Ukraine accepted a form of permanent neutrality, and Ukraine recognised Russia’s annexation of Luhansk, Donetsk, Kherson and Zaporizhzhia.

According to Bremmer, Musk said Putin told him these goals would be accomplished “no matter what,” including the potential of a nuclear strike if Ukraine invaded Crimea, which Russia annexed in 2014. Bremmer wrote that Musk told him that “everything needed to be done to avoid that outcome.”

Last week, Musk posted essentially the same points on Twitter, although he suggested that the referendums in the annexed territories slammed as sham votes by Ukraine and the West be redone under supervision by the United Nations….

The Ukrainian response to Musk’s Twitter peace proposal was succinct – one diplomat told him to “fuck off,” while Ukrainian President Volodymyr Zelenskyy posted his own Twitter poll.

Meanwhile the Kremlin welcomed Musk’s “positive” proposal to end the war, while his tweets were also cited by Russian state media.

Not only will we never be rid of Trump; The new owner of Twitter apparently be channeling Putin. Terrific.

Yesterday, Russia escalated its attacks on civilians following Ukraine’s damage to a bridge connecting Russia with Crimea. The Kyiv Independent: What’s behind Russia’s unusually big missile attack on Ukraine?

Russia lashed out on Oct. 10, striking many Ukrainian cities with 84 missiles and 24 exploding drones.

The places they hit were all civilian — multiple power plants but also a children’s playground in the center of Kyiv. Most strikes seemed to be timed to the Monday morning rush hour, as if trying to kill as many commuters as possible. 

From a human rights point of view, the attacks were inexcusable and will likely be ruled as war crimes. From the battlefield perspective, the Russian armed forces just dropped hundreds of millions of dollars to achieve basically nothing….

Why has Russia chosen to do this? What was it trying to accomplish? And how long can it keep it up?

Edward Landseer's Monarch of the Glen

Edward Landseer’s Monarch of the Glen

The facile answer is that Russia was retaliating for the partial destruction of the Kerch Strait bridge on Oct. 8. But that’s just not true. It’s been hitting civilian targets since Feb. 24. Ukraine’s intelligence said that the missile strikes had been planned since the start of October.

“Strategic and long-range aviation units received orders to prepare for massive missile attacks,” the General Intelligence Directorate said in a statement. “The targets were objects of critical civilian infrastructure and the central regions of densely populated Ukrainian cities.”

The goal was to sow panic among Ukrainians. But that wasn’t the only reason. Putin also needed to appease the angry hardliners who want Russia to win the war. The war hawks demanded a massive strike just like this, in response to Russia’s humiliating losses over the past two months, to which the bridge was the exclamation point. Some of these hardliners are driven more by emotion than sense. And they will want a repeat performance.

Read the rest at the link.

Karen De Young at The Washington Post: Ukraine war at a turning point with rapid escalation of conflict.

In little more than a month, the war in Ukraine has turned abruptly from a grueling, largely static artillery battle expected to last into the winter, to a rapidly escalating, multilevel conflict that has challenged the strategies of the United States, Ukraine and Russia.

Russia’s launch of massive strikes on civilian infrastructure Monday in about a dozen Ukrainian cities far from the front lines brought shock and outrage. The strikes, which Secretary of State Antony Blinken described as “wave after wave of missiles” struck “children’s playgrounds and public parks,” left at least 14 killed and nearly 100 wounded, and cut electricity and water in much of the country….

The attacks were the latest of many head-spinning events — from Ukrainian victories on the ground to Russian President Vladimir Putin’s threat of nuclear weapons use — that have changed the nature and tempo of the war in recent weeks, and raised questions about whether the United States and its partners may have to move beyond the concept of helping Ukraine defend itself, and instead more forcefully facilitate a Ukrainian victory.

So far, the U.S. supply effort has been deliberative and process-oriented in the kinds of weapons it provides, and the speed at which it provides them, so as not to undercut its highest priority of avoiding a direct clash between Russia and the West. That strategy is likely to be part of the agenda at Tuesday’s emergency meeting of G7 leaders, and a gathering of NATO defense ministers later in the week.

U.S. officials continue to express caution about precipitous moves. “Turning points in war are usually points of danger,” said a senior Biden administration official, one of several U.S. and Ukrainian officials who spoke on the condition of anonymity to discuss policy deliberations. “You can’t predict what’s around the corner.”

Russian leaders have cited their own turning point. Viktor Bondarev, head of the foreign affairs committee of Russia’s upper house of parliament wrote in a Telegram post on Monday that the strikes were the beginning of “a new phase” of what the Kremlin calls its“special military operation” in Ukraine, with more “resolute” action to come.

Two Owls by Gustave Doré (1870)

Two Owls by Gustave Doré (1870)

Max Fisher at The New York Times: Bombing Kyiv Into Submission? History Says It Won’t Work.

Kyiv and other Ukrainian cities, follows a long line of wartime leaders who have sought to cow their adversaries by bombing enemy capitals.

Ever since Nazi Germany’s bombardment of London in World War II, enabled by the first long-range missiles and warplanes, nearly every major war has featured similar attacks.

The goal is almost always the same: to coerce the targeted country’s leaders into scaling back their war effort or suing for peace.

It typically aims to achieve this by forcing those leaders to ask whether the capital’s cultural landmarks and economic functioning are worth putting on the line — and also, especially, by terrorizing the country’s population into moderating their support for the war.

But for as long as leaders have pursued this tactic, they have watched it repeatedly fail.

More than that, such strikes tend to backfire, deepening the political and public resolve for war that they are meant to erode — even galvanizing the attacked country into stepping up its war aims.

The victorious allies in World War II did emphasize a strategy of heavily bombing cities, which is part of why countries have come to repeat this so many times since. Cities including Dresden and Tokyo were devastated, killing hundreds of thousands of civilians and forcing millions into homelessness.

Still, historians generally now argue that, even if that did play some role in exhausting those countries, it was largely because of damage to German and Japanese industrial output rather than the terror it caused. Axis countries were also aggressive in bombing enemy cities, casting further doubt on notions that the strategy could be a decisive factor on its own.

Read the rest at the NYT if you’re interested.

With the January 6 Committee hearing coming up on Thursday, this story on the Secret Service phones by NBC’s Julia Ainsley is interesting: Secret Service agents were denied when they tried to learn what Jan. 6 info was seized from their personal cellphones.

Secret Service agents asked the agency for a record of all of the communications seized from their personal cellphones as part of investigations into the events of Jan. 6, 2021, but were rebuffed, according to a document reviewed by NBC News.

The Secret Service’s office that handles such requests, the Freedom of Information Act Program, denied the request, in which agents invoked the Privacy Act to demand more information about what had been shared from their personal devices.

The request was made in early August, just after news came to light that both Congress and the Department of Homeland Security’s inspector general were interested in obtaining text messages of Secret Service agents that had been erased as part of what the agency said was a planned upgrade.

“This letter is the final response to your Privacy Act inquiry submitted on Aug. 4, 2022, for information pertaining to the release of personal cell phone information and/or other personal identifiable information (PII) by the U.S. Secret Service,” said the letter, dated last Wednesday.

“The agency has determined that regulation does not require a records disclosure accounting to be made in connection with your request,” the letter continued.

The agents’ effort to find out through an FOIA request what records were seized and the subsequent denial of the request underscore a tension between rank-and-file Secret Service agents and the agency’s leadership over what communications should be shared with investigators.

Whistlejacket, by George Stubbs

Whistlejacket, by George Stubbs

At The Washington Post, Mariana Sotomayor writes about a another new book on the Trump impeachments: New book details how McCarthy came to support Trump after Jan. 6.

In the weeks after the Senate voted to acquit Donald Trump of a charge related to the Jan. 6, 2021, insurrection, House Minority Leader Kevin McCarthy (R-Calif.) was seething.

Frustrated that Trump would not talk to him, stressed that his chance to become House speaker could be in jeopardy and furiousthat a trusted confidante had publicly disclosed a tense call between him and Trump, McCarthy snapped.

“I alone am taking all the heat to protect people from Trump! I alone am holding the party together!” he yelled at Rep. Jaime Herrera Beutler (R-Wash.) during a previously undisclosed meeting in McCarthy’s office on Feb. 25, 2021. “I have been working with Trump to keep him from going after Republicans like you and blowing up the party and destroying all our work!”

Stunned by McCarthy’s anger, Herrera Beutler began to cry. Through tears, she apologized for not telling him ahead of time that she had confirmed to the media details of a call McCarthy made to Trump on Jan. 6, 2021, urging him to tell his supporters to leave the U.S. Capitol.

“You should have come to me!” McCarthy said. “Why did you go to the press? This is no way to thank me!”

“What did you want me to do? Lie?” Herrera Beutler shot back. “I did what I thought was right.”

The tense meeting between Republican lawmakers is detailed in the new book “Unchecked: The Untold Story Behind Congress’s Botched Impeachments of Donald Trump,” by Washington Post reporter Karoun Demirjian and Politico reporter Rachael Bade, a copy of which The Post obtained ahead of its release next week. Several excerpts detail McCarthy’s state of mind from Election Day 2020 to the origination of the select committee investigating the Jan. 6 insurrection.

“McCarthy’s tirade against Herrera Beutler was just the start of what would become a GOP-wide campaign to whitewash the details of what happened on January 6 in the aftermath of the second impeachment,” the authors write.

There are more revelations about McCarthy in the WaPo story. Basically, McCarthy’s dream is to to become Speaker of the House and in pursuit of that goal he will suck up to Trump as much has he has to.

Lastly, at The Atlantic, Franklin Foer writes about why Merrick Garland will indict Trump: The Inevitable Indictment of Donald Trump.

Foer writes that, although Garland is a cautious, methodical person, he (Foer) is convinced that Trump will be indicted. Here’s why he thinks that. You’ll need to read the whole thing, but here’s an introduction to the arguments.

I have been observing Garland closely for months. I’ve talked with his closest friends and most loyal former clerks and deputies. I’ve carefully studied his record. I’ve interviewed Garland himself. And I’ve reached the conclusion that his devotion to procedure, his belief in the rule of law, and in particular his reverence for the duties, responsibilities, and traditions of the U.S. Department of Justice will cause him to make the most monumental decision an attorney general can make….

The_Kongouro_from_New_Holland_(Kangaroo) George Stubbs

The Kongouro from New Holland, by _(Kangaroo) George Stubbs

Before I lay out the reasons I believe I am correct in this assessment, I want to discuss why it is entirely possible I am not. The main reason to disbelieve the argument that Garland is preparing to indict is simple: To bring criminal charges against a former president from an opposing political party would be the ultimate test of a system that aspires to impartiality, and Garland, by disposition, is repelled by drama, and doesn’t believe the department should be subjected to unnecessary stress tests. This unprecedented act would inevitably be used to justify a cycle of reprisals, and risks turning the Justice Department into an instrument of never-ending political warfare.

And an indictment, of course, would merely be the first step—a prelude to a trial unlike any this country has ever seen. The defendant wouldn’t just be an ex-president; in all likelihood, he’d be a candidate actively campaigning to return to the White House. Fairness dictates that the system regard Trump as it does every other defendant. But doing so would lead to the impression that he’s being deliberately hamstrung—and humiliated—by his political rivals.

Garland is surely aware that this essential problem would be evident at the first hearing. If the Justice Department is intent on proving that nobody is above the law, it could impose the same constraints on Trump that it would on any criminal defendant accused of serious crimes, including limiting his travel. Such a restriction would deprive Trump of one of his most important political advantages: his ability to whip up his followers at far-flung rallies.

In any event, once the trial began, Trump would be stuck in court, likely in Florida (if he’s charged in connection with the Mar-a-Lago documents matter) or in Washington, D.C. (if he’s charged for his involvement in the events of January 6). The site of a Washington trial would be the Prettyman Courthouse, on Constitution Avenue, just a short walk from the Capitol. This fact terrified the former prosecutors and other experts I talked with about how the trial might play out. Right-wing politicians, including Trump himself, have intimated violence if he is indicted.

Trump would of course attempt to make the proceedings a carnival of grievance, a venue for broadcasting conspiracy theories about his enemies. The trial could thus supply a climactic flash point for an era of political violence. Like the Capitol on January 6, the courthouse could become a magnet for paramilitaries. With protesters and counterprotesters descending on the same locale, the occasion would tempt street warfare.

Head over the Atlantic to read the rest.

What are your thoughts on these stories? What other news are you following today?