In a court filing just before 10 p.m. Friday, Senior Assistant Special Counsels Molly Gaston and Thomas Windom alerted the judge in Trump’s latest criminal case — U.S. District Court Judge Tanya Chutkan — to a combative post Trump sent earlier in the day.
Lazy Caturday Reads
Posted: August 5, 2023 Filed under: cat art, Cats, caturday, Criminal Justice System, democracy is threatened, Donald Trump, just because | Tags: cult psychology, Department of Justice, Judge Tanya Chutken, Special Counsel Jack Smith, Trump threats 7 Comments
Bazon, the artist’s cat, by Odilon Redon
Happy Caturday!!
Donald Trump has now been indicted three times, and there could be a fourth indictment coming soon in Georgia. Trump was arraigned for his conspiracies to overturn the 2020 election on Thursday.
At the end of that hearing, U.S. Magistrate Judge Moxila Upadhyaya warned him not to commit further crimes by attempting to influence witnesses with threats or bribes.
Trump swore he would follow instructions, but a little later he reneged.
One day later, Trump issued a threat on Truth Social, writing in all-caps ““IF YOU GO AFTER ME, I’M COMING AFTER YOU!”
From Joyce Vance at Civil Discourse: “If you go after me…”
Today, Donald Trump issued what can only be construed as a shot across the bow, after the Magistrate Judge Moxila Upadhyaya admonished him during arraignment yesterday that he must not commit any new crimes while on a pre-trial bond—the thing that’s keeping him out of jail before trial—and that efforts to influence or intimidate witnesses, jurors or others involved in the case were illegal….
It couldn’t be more clear that this is a threat to Jack Smith and the prosecutors and investigators involved in the case against him. It’s readily construed as a threat against state court prosecutors like Alvin Bragg in New York and Fani Willis in Georgia and could even be seen as a threat to people like E. Jean Carroll who have the temerity to hold him accountable for civil misconduct.
That’s a threat, made by a defendant in a criminal case, after being warned by a judge that there were consequences for violating conditions of release. Trump may think he can be cute and deny it if confronted. Maybe he’ll use his usual line: it’s just a joke. But we can all see it for what it is.
Girl with Cat, by Berthe Morisot, 1892
The special counsel’s office alerted the Judge to the post tonight, as part of its motion seeking a protective order for the discovery materials it will be releasing to Trump in the case.The government wants assurances, in the form of a protective order, that Trump won’t make the discovery materials public.
There is good reason for this. Some of the discovery contains personal identifying information for witnesses. If publicly disclosed, that could put them at risk of doxxing, identity theft or other harm. There is also grand jury testimony from witnesses, who might be put at risk if they find themselves suddenly in the public spotlight. As the government explains in its motion, “If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.”
Prosecutors haven’t asked the court, at least not yet, to revoke Trump’s bond. That, of course, would be a step that would trigger prolonged litigation and possibly delay the trial. That seems to be the one thing Jack Smith is trying to avoid at all costs. He has made strategic decisions, for instance, only indicting Trump and leaving the co-conspirators unindicted, that streamline the process. He clearly wants his trial before the election.
Trump continued his threatening behavior during a speech in Alabama last night.
Alander Rocha at the Alabama Reflector (via MSN.com): Trump lashes out at prosecutors, Biden and DeSantis in Alabama speech.
Former President Donald Trump said in a speech in Montgomery Friday night that he wears his recent indictment on charges of attempting to subvert the 2020 presidential election as “a badge of honor.”
In a nearly-hourlong speech at a fundraising dinner for the Alabama Republican Party, Trump attacked Florida Gov. Ron DeSantis, his rival for the Republican nomination for president and President Joe Biden, who he accused of using the Department of Justice as a political weapon.
“They want to take away my freedom because I will never let them take away your freedoms. They want to silence me because I will never let them silence you,” Trump said.
Raminou, 1922, by Suzanne Valadon
The speech was the former president’s first extended public remarks since a federal grand jury Tuesday indicted the former president on four counts, including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct, an official proceeding; and conspiracy against rights….
In his speech Friday, Trump called U.S. Department of Justice Special Counsel Jack Smith, who brought the indictment, “deranged.” At times he called prosecutors “communists” and “corrupt Marxist prosecutors.” He called the indictment “fake charges” that are an “outrageous criminalization of political speech,” even as he suggested it would help his presidential campaign.
“This is a ridiculous indictment against us — it’s not a legal case. It’s an act of desperation by a failed and disgraced crooked Joe Biden and his radical left thugs,” Trump said.
Trump also repeated election lies and claimed that Biden rigged the election in 2020 and suggested that the current president will interfere with the next election.
Also last night, federal prosecutors in the case called the judge’s attention to Trump’s threatening social media post and requested a protective order. Kyle Cheney and Josh Gerstein at Politico: Feds alert judge to Trump’s ‘If you go after me, I’m coming after you!’ post.
Prosecutors on Friday night called a judge’s attention to a social media post from Donald Trump — issued hours earlier — in which they say the former president appeared to declare that he’s “coming after” those he sees as responsible for the series of formidable legal challenges he is facing.
Attorneys from special counsel Jack Smith’s team said the post from Trump “specifically or by implication” referenced those involved in his criminal case for seeking to subvert the 2020 election.
“If you go after me, I’m coming after you!” Trump wrote in all caps Friday afternoon on Truth Social, which is run by a media company he co-owns.
Cat with her Kittens (1913) by Julius Adam
The prosecutors said Trump’s post raised concerns that he might improperly share evidence in the case on his social media account and they urged that he be ordered to keep any evidence prosecutors turn over to his defense team from public view.
“All the proposed order seeks to prevent is the improper dissemination or use of discovery materials, including to the public,” Gaston and Windom wrote. “Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him. … And in recent days, regarding this case, the defendant has issued multiple posts—either specifically or by implication—including the following, which the defendant posted just hours ago.”
Smith’s office has not sought a gag order in either of the criminal cases it is pursuing against Trump: one in Florida focused on his retention of classified documents and the other in Washington over his efforts to interfere with the certification of the 2020 presidential election. The filing Friday night does not make any request to bar Trump or his attorneys from discussing the D.C. case publicly or with the media.
However, prosecutors in that case have indicated they’re prepared to share a “substantial“ volume of evidence with Trump as soon as Chutkan approves an order governing the handling of evidence. Chutkan is slated to bring attorneys for both sides to court on Aug. 28 to discuss setting a trial date. It’s unclear if Trump’s post will prompt her to seek more immediate efforts to implement a protective order or to impose a gag order, which can be issued under D.C. federal court rules.
Trump then got an anonymous “spokesperson” to put up a mealy-mouthed excuse for the threatening post.
https://twitter.com/BrianKarem/status/1687685417154342912?s=20
The Judge in the January 6 case, Tanya Chutken has ordered Trump to respond to the prosecutors’ request for a protective order:
Of the historic day when a former president was charged with serious crimes against the United States, CNN’s Stephen Collinson wrote this analysis: Trump’s surreal arraignment day in Washington augurs ominous days ahead.
As former President Donald Trump left Washington after answering charges of trying to subvert democracy, it felt like all the previous trauma and divisions of his eight-year journey into the nation’s psyche were just the start.
America now faces the prospect of an ex-president repeatedly going on trial in an election year in which he’s the Republican front-runner and is promising a new White House term of retribution. He is responding with the same kind of extreme rhetoric that injected fury into his political base and erupted into violence after the last election. Ominous and tense days may be ahead….
The entire day was surreal, but given its historic implications – after Trump became the first ex-president formally charged in relation to alleged crimes committed in office – also sad.
Thursday was a day when the country crossed a point of no return. For the first time, the United States formally charged one of its past leaders with trying to subvert its core political system and values.
It was Trump who forced the country over this dangerous threshold. A man whose life’s creed is to never be seen as a loser refused to accept defeat in a democratic election in 2020, then set off on a disastrous course because, as Smith’s indictment put it, “he was determined to stay in power.”
Trump is steering a stormy course to an unknown destination. If he wins back the White House, the already twice-impeached new president could trigger a new constitutional crisis by sweeping away the federal cases against him or even by pardoning himself. Any alternative Republican president could find themselves besieged by demands from Trump supporters for a pardon that, if granted, could overshadow their entire presidency. And if Trump is convicted, and loses a 2024 general election, he risks a long jail term, which would likely become fuel for him to incite his supporters to fresh protest.
Conservative legal scholar J. Michael Luttig tweeted after Trump’s latest indictment on Tuesday that it was a day made “all the more tragic and regrettable because the former president has cynically chosen to inflict this embarrassing spectacle on the Nation – and spectacle it will be.” Luttig warned that the world would no longer consider American democracy to be the same inspiration as it has been for almost 250 years.
Read the rest at CNN.
At The New York Times, Charlie Savage writes: How Jack Smith Structured the Trump Election Indictment to Reduce Risks.
In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict.
“Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence, so that if on appeal you lose one, you still have the conviction,” said Julie O’Sullivan, a Georgetown University law professor and former federal prosecutor.
Study of Cats Flowers and Woman-1910-14, by Odilon-Redon
That structure in the indictment is only one of several strategic choices by Mr. Smith — including what facts and potential charges he chose to include or omit — that may foreshadow and shape how an eventual trial of Mr. Trump will play out.
The four charges rely on three criminal statutes: a count of conspiring to defraud the government, another of conspiring to disenfranchise voters, and two counts related to corruptly obstructing a congressional proceeding. Applying each to Mr. Trump’s actions raises various complexities, according to a range of criminal law experts.
At the same time, the indictment hints at how Mr. Smith is trying to sidestep legal pitfalls and potential defenses. He began with an unusual preamble that reads like an opening statement at trial, acknowledging that Mr. Trump had a right to challenge the election results in court and even to lie about them, but drawing a distinction with the defendant’s pursuit of “unlawful means of discounting legitimate votes and subverting the election results.”
While the indictment is sprawling in laying out a case against Mr. Trump, it brings a selective lens on the multifaceted efforts by the former president and his associates to overturn the 2020 election.
“The strength of the indictment is that it is very narrowly written,” said Ronald S. Sullivan Jr., a Harvard Law School professor and former public defender. “The government is not attempting to prove too much, but rather it went for low-hanging fruit.”
For one, Mr. Smith said little about the violent events of Jan. 6, leaving out vast amounts of evidence in the report by a House committee that separately investigated the matter. He focused more on a brazen plan to recruit false slates of electors from swing states and a pressure campaign on Vice President Mike Pence to block the congressional certification of Joseph R. Biden Jr.’s victory.
Read the rest at the NYT. It’s interesting, and Savage is a serious writer–not a both-sideser.
One more by neuroscientist Seth Norrholm at Raw Story:
I was dying…It was just a matter of time. Lying behind the wheel of the airplane, bleeding out of the right side of my devastated body, I waited for the rapid shooting to stop.
—Former Representative Jackie Speier in her memoir Undaunted: Surviving Jonestown, Summoning Courage, and Fighting Back recounting her experience after being shot five times during an ambush during her fact-finding visit to Jonestown, Guyana where Jim Jones and his cult, Peoples Temple, had built a compound.
It, combined with everything else that was going on, made it difficult to breathe…Being crushed by the shield and the people behind it … leaving me defenseless, injured.
—Metropolitan police officer, Daniel Hodges, describing being crushed in a doorway during the January 6, 2021, attack by Trump supporters on the U.S. Capitol.
Horatio Henry Couldery, Curiosity
In both of the examples above, the individual speaking was the victim of extreme violence perpetrated by followers of a single person whose influence had spread to hundreds of people (in the January 6th case, thousands of people). In fact, Speier’s experience with the Jim Jones followers was part of the single greatest loss of American life (918 people) prior to 9/11/2001. These followings have been given an umbrella name, cult, and have involved what has been traditionally called “brainwashing.” The cult leader receives seemingly undying support as the Dear Leader or Savior. However, the term brainwashing suggests that indoctrinated members are robots without free will – behavioral scientists argue that this is not the case. It’s an oversimplification.
Rather than being seen as passive victims to an irresistible force, psychiatrist Robert Lifton argues that there is “voluntary self-surrender” in one’s entrance into a cult. Further, the decision to give up control as part of the cult process may actually be part of the reason why people join. Research and experience tell us that those who are “cult vulnerable” may have a sense of confusion or separation from society or seek the same sort of highly controlled environment that was part of their childhood. It has also been suggested that those who are at risk for cult membership feel an enormous lack of control in the face of uncertainty (i.e., economic, occupational, academic, social, familial) and will gravitate more towards a cult as their distress increases. I would argue that many of these factors are at play when we see the ongoing support of Trumpism and MAGA “theology.”
Psychologist Leon Festinger described the phenomenon of cognitive dissonance in which there is a disconnect between one’s feelings, beliefs, and convictions and their observable actions. This dissonance is distressing and, in order to relieve the anxiety, people may become more invested in the cult or belief system that goes against who they are individually. As such, cult members become more “dug-in” and will cling to thoughts and beliefs that contradict available evidence. In other words, they are no longer able to find a middle ground or compromise.
Norrholm argues that the Trump cult has changed our politics drastically–that there is no longer a “middle ground” between Republicans and Democrats/Independents.
Although members of the GOP still refer to themselves as a political party with principled stances, the reality is they have now morphed into a domestic terror organization and to use the umbrella term, a cult – the largest and most dangerous cult in American history.
Cult thinking includes ardent adherence to group thinking such as – clinically speaking, in the face of distorted thinking we ask about one’s strength of conviction by querying, ”Can you think of other ways of seeing this?” Sadly, what we are seeing publicly is ‘No’ from those who still subscribe to Trumpism/MAGA.
Read the rest at Raw Story. Norrholm really knows what he’s talking about.
What is happening in this country is really frightening, but I continue to believe that we will get through this somehow.
Tuesday Reads: Republicans Fight the Law; Will the Law Win?
Posted: July 11, 2023 Filed under: Afternoon Reads, Crime, Criminal Justice System, Donald Trump, just because | Tags: China, Fani Willis, Fort Pierce division FLA, Fulton County grand juries, Gal Luft, Georgia election interference, House Oversight Committee, House Republicans, iran, James Comer, Judge Aileen Cannon, Ruby Freeman, Rudy Giuliani, Wadrea "Shaye" Moss, Walt Nauta 11 Comments
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
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
Yesterday Judge Cannon granted a short delay in for Walt Nauta to appear in the Mar-a-Lago stolen 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)
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
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.
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
Posted: June 17, 2023 Filed under: Cats, caturday, Crime, Criminal Justice System | Tags: Costa Mesa CA Planned Parenthood attack, history of slavery, Jim Jordan, Merrick Garland, Minneapolis police, Pittsburgh Tree of Life shooting, Robert Bowers, Rudy Giuliani, slave auctions, Special Counsel Jack Smith, Trump investigations 9 Comments
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.”
Davila 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.
Steve 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.
“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.”
The 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.
House 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.
Extra Lazy Caturday Reads
Posted: April 29, 2023 Filed under: American Gun Fetish, Cats, caturday, Criminal Justice System, Donald Trump, ethics, SCOTUS | Tags: abortion, AR-15, Dobbs decision, Jane Roberts, John Roberts, mass shootings, nuclear weapons, Samuel Alito, stolen classified documents case, Texas, Trump fund-raising, Ukraine, Wire fraud 14 Comments
Happy Caturday!!
I’m getting a very slow start this morning. It feels like everything is kind of awful today, as it often is lately. The politics news is bad enough, but sadly there’s been another mass shooting and the perpetrator is still at large. Not surprisingly, it’s in Texas, and of course the weapon was an AR-15.
ABC News: 5 dead in Texas ‘execution-style’ shooting, suspect armed with AR-15 is on the loose.
Five people are dead after being shot in a Texas home by a suspect armed with an AR-15 style rifle in a horrific series of “execution style” shootings, police said.
A manhunt is currently underway for the suspect, identified by police as 39-year-old Francisco Oropeza, according to ABC station KTRK in Houston.
A judge has issued an arrest warrant for Oropeza and assigned a $5 million bond. Authorities believe Oropeza left by walking or on a bicycle and is currently within a two mile radius of the scene, KTRK reported.
Police said the incident occurred at 11:31 p.m. local time on Friday when officials from the San Jacinto County Sheriff’s Office received a call about harassment in the town of Cleveland, about 55 miles north of Houston.
When authorities arrived at the location, they found several victims shot at the property, police said. Three of the deceased were females and two were males, including the youngest, an 8-year-old boy.
Two female victims were discovered in the bedroom lying on top of two surviving children, authorities told ABC News.
Three minors were located uninjured, but covered in blood. They were transported to a local hospital.
Police said they believe the massacre occurred after neighbors asked the suspect to stop shooting his gun in the front yard because there was a baby trying to sleep.
“My understanding is that the victims, they came over to the fence and said ‘Hey could [you not do your] shooting out in the yard? We have a young baby that’s trying to go to sleep,” and he had been drinking and he says ‘I’ll do what I want to in my front yard,'” San Jacinto County Sheriff Greg Capers told KTRK.
WTF?! I’m at a complete loss for words. There’s more insanity at the link.
Yesterday we got more shocking news about our out-of-control Supreme Court.
Sammy Alito gave a pathetic, whiny interview to James Taranto and David Rivkin of The Wall Street Journal: Justice Samuel Alito: ‘This Made Us Targets of Assassination.’
Justice Samuel Alito was supposed to speak to law students at George Mason University in Arlington, Va., but when they showed up, he wasn’t there….
It wasn’t a lingering fear of Covid-19. In a mid-April interview in his chambers, Justice Alito fills us in on the May 12, 2022, event: “Our police conferred with the George Mason Police and the Arlington Police and they said, ‘It’s not a good idea. He shouldn’t come here. . . . The security problems will be severe.’ So I ended up giving the speech by Zoom,” he says. “Still, there were so many protesters and they were so loud that you could hear them.”
By now a noisy mob of law students may sound like any other school day, but last May also was a tumultuous time for the court. The preceding week, someone had leaked a draft of Justice Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, a landmark abortion case that wouldn’t be decided until late June….
He now says that the leak “created an atmosphere of suspicion and distrust. We worked through it, and last year we got our work done. This year, I think, we’re trying to get back to normal operations as much as we can. . . . But it was damaging.”
It was damaging for millions of American women and for doctors too, but Sammy is oblivious to that. Alito also believes he knows who the leaker is.
“I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” he says. He’s certain about the motive: “It was a part of an effort to prevent the Dobbs draft . . . from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside—as part of the campaign to try to intimidate the court.”
That campaign included unlawful assemblies outside justices’ homes, and that wasn’t the worst of it. “Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination,” Justice Alito says. “It was rational for people to believe that they might be able to stop the decision in Dobbs by killing one of us.” On June 8, an armed man was arrested outside the home of Justice Brett Kavanaugh; the suspect was later charged with attempted assassination and has pleaded not guilty.
This man is delusional. No one suggested preventing the decision by murdering one of the justices. People peacefully demonstrated outside their homes. One crazy guy showed up outside Kavanaugh’s house and then turned himself into to police without doing anything.
He adds that “I don’t feel physically unsafe, because we now have a lot of protection.” He is “driven around in basically a tank, and I’m not really supposed to go anyplace by myself without the tank and my members of the police force.” Deputy U.S. marshals guard the justices’ homes 24/7. (The U.S. Marshals Service, a bureau of the Justice Department, is distinct from the marshal of the court, who reports to the justices and oversees the Supreme Court Police.)
He’s a lot safer than women who are refused care after miscarriages until they are at death’s door, but Sammy couldn’t care less about them. He is also ignorant of the history of protests against Supreme Court justices.
Anyway, read the interview at the the WSJ if you can stomach it.
Yesterday, Insider’s Mattathias Schwartz broke a story about John Roberts ethical problems: Jane Roberts, who is married to Chief Justice John Roberts, made $10.3 million in commissions from elite law firms, whistleblower documents show.
Two years after John Roberts’ confirmation as the Supreme Court’s chief justice in 2005, his wife, Jane Sullivan Roberts, made a pivot. After a long and distinguished career as a lawyer, she refashioned herself as a legal recruiter, a matchmaker who pairs job-hunting lawyers up with corporations and firms.
Roberts told a friend that the change was motivated by a desire to avoid the appearance of conflicts of interest, given that her husband was now the highest-ranking judge in the country. “There are many paths to the good life,” she said. “There are so many things to do if you’re open to change and opportunity.”
And life was indeed good for the Robertses, at least for the years 2007 to 2014. During that eight-year stretch, according to internal records from her employer, Jane Roberts generated a whopping $10.3 million in commissions, paid out by corporations and law firms for placing high-dollar lawyers with them.
That eye-popping figure comes from records in a whistleblower complaint filed by a disgruntled former colleague of Roberts, who says that as the spouse of the most powerful judge in the United States, the income she earns from law firms who practice before the Court should be subject to public scrutiny.
“When I found out that the spouse of the chief justice was soliciting business from law firms, I knew immediately that it was wrong,” the whistleblower, Kendal B. Price, who worked alongside Jane Roberts at the legal recruiting firm Major, Lindsey & Africa, told Insider in an interview. “During the time I was there, I was discouraged from ever raising the issue. And I realized that even the law firms who were Jane’s clients had nowhere to go. They were being asked by the spouse of the chief justice for business worth hundreds of thousands of dollars, and there was no one to complain to. Most of these firms were likely appearing or seeking to appear before the Supreme Court. It’s natural that they’d do anything they felt was necessary to be competitive.”
Roberts’ apparent $10.3 million in compensation puts her toward the top of the payscale for legal headhunters. Price’s disclosures, which were filed under federal whistleblower-protection laws and are now in the hands of the House and Senate Judiciary committees, add to the mounting questions about how Supreme Court justices and their families financially benefit from their special status, an area that Senate Democrats are vowing to investigate after a series of disclosure lapses by the justices themselves.
No wonder Roberts is resisting any serious ethics rules for his powerful court. Unfortunately he’s not alone. Even the liberal justices don’t want ethics rules. The three branches of government are supposed to be equal, but the Supremes are behaving as if their branch is more equal than the other two.
ABC News: All 9 Supreme Court justices push back on oversight: ‘Raises more questions,’ Senate chair says.
There’s no conservative-liberal divide on the U.S. Supreme Court when it comes to calls for a new, enforceable ethics code.
All nine justices, in a rare step, on Tuesday released a joint statement reaffirming their voluntary adherence to a general code of conduct but rebutting proposals for independent oversight, mandatory compliance with ethics rules and greater transparency in cases of recusal.
The implication, though not expressly stated, is that the court unanimously rejects legislation proposed by Democrats seeking to impose on the justices the same ethics obligations applied to all other federal judges.
“The justices … consult a wide variety of authorities to address specific ethical issues,” the members of the high court said in a document titled “Statement on Ethics Principles and Practices.”
It appears to be the first time an entire court has publicly explained its approach to ethics issues and attested to specific parts of federal law governing their conduct.
The justices’ statement, appended to a letter from Chief Justice John Roberts to Senate Judiciary Committee Chairman Dick Durbin, D-Ill., appears squarely aimed at answering critics’ concerns and demands from some for outside oversight.
“Without a formal code of conduct, without a way to receive ethics complaints and without a way to investigate them, the Supreme Court has set itself apart from all other federal institutions,” said Gabe Roth, executive director of Fix the Court, a left-leaning judicial watchdog group that has been lobbying Congress to mandate a high court code.
Durbin said Thursday in a statement that the justices’ explanation of their approach to ethics “raises more questions than it resolves.”
“Make no mistake,” he said, “Supreme Court ethics reform must happen whether the Court participates in the process or not.”
I hope Durbin is prepared to keep pushing this.
Two stories on Trump’s crimes:
The New York Times: Prosecutors in Jan. 6 Case Step up Inquiry Into Trump Fund-Raising.
As they investigate former President Donald J. Trump’s efforts to overturn the 2020 election, federal prosecutors have also been drilling down on whether Mr. Trump and a range of political aides knew that he had lost the race but still raised money off claims that they were fighting widespread fraud in the vote results, according to three people familiar with the matter.
Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes as they raised as much as $250 million through a political action committee by saying they needed the money to fight to reverse election fraud even though they had been told repeatedly that there was no evidence to back up those fraud claims.
The prosecutors are looking at the inner workings of the committee, Save America PAC, and at the Trump campaign’s efforts to prove its baseless case that Mr. Trump had been cheated out of victory.
In the past several months, prosecutors have issued multiple batches of subpoenas in a wide-ranging effort to understand Save America, which was set up shortly after the election as Mr. Trump’s main fund-raising entity. An initial round of subpoenas, which started going out before Mr. Trump declared his candidacy in the 2024 race and Mr. Smith was appointed by Attorney General Merrick B. Garland in November, focused on various Republican officials and vendors that had received payments from Save America.
But more recently, investigators have homed in on the activities of a joint fund-raising committee made up of staff members from the 2020 Trump campaign and the Republican National Committee, among others. Some of the subpoenas have sought documents from around Election Day 2020 up the present.
Prosecutors have been heavily focused on details of the campaign’s finances, spending and fund-raising, such as who was approving email solicitations that were blasted out to lists of possible small donors and what they knew about the truth of the fraud claims, according to the people familiar with their work. All three areas overlap, and could inform prosecutors’ thinking about whether to proceed with charges in an investigation in which witnesses are still being interviewed.
Read the rest at the NYT.
Dennis Aftergut at Justia: Trump’s Nonsensical Letter to Congress Attacking the DOJ’s Mar-a-Lago Case Shows He Has No Defense.
On Wednesday, former President Donald Trump’s lawyers sent a desperate, 10-page letter to Rep. Mike Turner, chair of the House Intelligence Committee. The punch line comes in its conclusion: “DOJ should be ordered to stand down” in Special Counsel Jack Smith’s case against Trump for obstructing justice in his 18 months of stonewalling the return of classified documents improperly held at Mar-a-Lago.
Of course, Congress has no such power. Ironically, the letter achieved something completely unintended. It effectively confirmed that Trump has no viable defense against the likely Justice Department charges for Trump’s obstruction.
The letter also revealed for the first time that the classified documents recovered in the August 7, court-approved search of Trump’s country club home may include briefings of foreign leaders.
It’s hard to know what Trump was trying to achieve beyond “spin.” No crimes to see here, the letter lamely contends.
His lawyers assert that Trump didn’t knowingly possess or retain top-secret documents at Mar-a-Lago. His aides were just sloppy, the letter says, in the rushed process of leaving the White House, and Trump didn’t even know the classified documents were there. Even Vice Presidents Mike Pence and Joe Biden inadvertently took classified documents after their time in office.
If these contentions are a preview of Trump’s defenses to an indictment from Smith’s grand jury, Jack Smith can rest easy. The arguments are so abysmally weak that they leave any knowledgeable observer with a simple inference: Trump and his lawyers know an indictment is coming soon and there’s nothing they can do about it but offer smoke and mirrors.
Like asking Congressman Turner to investigate the need for legislation to address the lack of controls on classified documents that elected officials unintentionally take when leaving public service. Here’s the problem for the former president and his letter: Jack Smith has mountains of evidence that contradict Trump’s claim that his improper possession and retention of those classified documents was inadvertent.
Read more at the link.
I haven’t been following the war in Ukraine very closely, but this NYT headline caught my attention: U.S. Wires Ukraine With Radiation Sensors to Detect Nuclear Blasts.
The United States is wiring Ukraine with sensors that can detect bursts of radiation from a nuclear weapon or a dirty bomb and can confirm the identity of the attacker.
In part, the goal is to make sure that if Russia detonates a radioactive weapon on Ukrainian soil, its atomic signature and Moscow’s culpability could be verified.
Ever since Russia invaded Ukraine 14 months ago, experts have worried about whether President Vladimir V. Putin of Russia would use nuclear arms in combat for the first time since the American bombings of Hiroshima and Nagasaki in 1945. The preparations, mentioned last month in a House hearing and detailed Wednesday by the National Nuclear Security Administration, a federal agency that is part of the Energy Department, seem to constitute the hardest evidence to date that Washington is taking concrete steps to prepare for the worst possible outcomes of the invasion of Ukraine, Europe’s second largest nation.
The Nuclear Emergency Support Team, or NEST, a shadowy unit of atomic experts run by the security agency, is working with Ukraine to deploy the radiation sensors, train personnel, monitor data and warn of deadly radiation.
In a statement sent to The New York Times in response to a reporter’s question, the agency said the network of atomic sensors was being deployed “throughout the region” and would have the ability “to characterize the size, location and effects of any nuclear explosion.” Additionally, it said the deployed sensors would deny Russia “any opportunity to use nuclear weapons in Ukraine without attribution.”
Read more details at the NYT.
I’m going to end there. What else is happening? What stories have captured your interest today?
Thursday Reads: The Wheels of Justice
Posted: April 13, 2023 Filed under: abortion rights, Blind Justice, Criminal Justice System, Donald Trump | Tags: Aric Toler, Jack Smith, Jack Teixeira, Letitia James, Michael Cohen, mifepristone, Peter Navarro, Special Counsel, Thug Shaker Central 25 Comments
Lady Justice, by Laura Pierre Louis
Good Day, Sky Dancers!!
“The wheels of justice turn slowly, but grind exceedingly fine.” No one knows the source for this quote–one candidates is Sun Tzu and another is Sextus Empricus. But it looks like that is what is happening now in the many legal investigations of Donald Trump. Frankly, I’ve let go of frustration over how slowly the wheels are turning, because I believe there is progress being made. I’m not convinced Trump will ever go to prison, but I think he will finally pay a price for his crimes against our country. Here’s the latest:
The New York Times: Trump to Face Questioning Thursday in N.Y. Attorney General’s Lawsuit.
Donald J. Trump is set to be questioned under oath on Thursday in a civil fraud lawsuit brought by New York Attorney General Letitia James, the latest in a series of legal predicaments entangling the former president, who also faces a separate 34-count criminal indictment unsealed last week.
Ms. James’s civil case, which was filed in September and is expected to go to trial later this year, accuses Mr. Trump, his family business and three of his children of a “staggering” fraud for overvaluing the former president’s assets by billions of dollars. The lawsuit seeks $250 million that it contends they reaped through those deceptions, made in Mr. Trump’s annual financial statements — and asks a judge to essentially run him out of business in the state if he is found liable at trial.
Ms. James’s office plans to question Mr. Trump as part of the discovery phase of the case, in preparation for the trial.
The former president, who spent the night at his Manhattan residence in Trump Tower, arrived at the attorney general’s office shortly before 10 a.m. As a crowd chanted “New York hates you,” Mr. Trump’s motorcade drove into the parking garage underneath the office building at 28 Liberty Street….
This is the second time that lawyers for Ms. James, a Democrat, are questioning Mr. Trump under oath: He also sat for a deposition in the summer of 2022, shortly before the attorney general filed her lawsuit. During that deposition, Mr. Trump lashed out at Ms. James, accusing her of being motivated by politics and then invoking his Fifth Amendment right against self-incrimination hundreds of times over the course of four hours.
Depositions are held in private, so the specifics of his testimony will not be immediately known. But as of Wednesday evening, Mr. Trump was not expected to assert his Fifth Amendment right, people familiar with his thinking said.
Because he was in the White House or on the campaign trail for several years — and no longer running his company — Mr. Trump might try to avoid providing direct answers to Ms. James’s questions, instead giving insubstantial responses. He might say, for example, that he does not recall a particular incident or was not present for it. He could also claim that he delegated the valuation of his assets to employees.
Trump vented his anger and frustration in ugly, deranged posts on his Twitter clone, Truth Social. Examples:
This man belongs in a rubber room!
Special Counsel Jack Smith is moving rapidly in his January 6 and stolen documents investigations. The Washington Post reports that Smith is looking into Trump’s fundraising using lies about election fraud: Special counsel focuses on Trump fundraising off false election claims.
Federal prosecutors probing the Jan. 6, 2021, attack on the U.S. Capitol have in recent weeks sought a wide range of documents related to fundraising after the 2020 election, looking to determine if former president Donald Trump or his advisers scammed donors by using false claims about voter fraud to raise money, eight people familiar with the new inquiries said.
Franco/Flemish School; Justice; The Ashmolean Museum of Art and Archaeology; unknown British artist
Special counsel Jack Smith’s office has sentsubpoenas in recent weeks to Trump advisers and former campaign aides, Republican operatives and other consultants involved in the 2020 presidential campaign, the people said. They have also heard testimony from some of these figures in front of a Washington grand jury, some of the people said.
The eight people with knowledge of the investigation spoke on the condition of anonymity to discuss an ongoing criminal investigation.
The fundraising prong of the investigation is focused on money raised during the period between Nov. 3, 2020, and the end of Trump’s time in office on Jan. 20, 2o21, and prosecutors are said to be interested in whether anyone associated with the fundraising operation violated wire fraud laws, which make it illegal to make false representations over email to swindle people out of money.
The new subpoenas received since the beginning of March, which have not been previously reported, show the breadth of Smith’s investigation, as Trump embarks on a campaign for reelection while assailing the special counsel investigation and facing charges of falsifying business records in New York and a separate criminal investigation in Georgia.
The subpoenas seek more specific types of communications so that prosecutors can compare what Trump allies and advisers were telling one another privately about the voter-fraud claims with what they were saying publicly in appeals that generated more than $200 million in donations from conservatives, according to people with knowledge of the investigation.
Read more at the WaPo.
Trump is hilariously suing Michael Cohen for $500 million for violating a nondisclosure agreement. Raw Story:
Former President Donald Trump is launching a $500 million lawsuit against his former attorney and fixer Michael Cohen, alleging that he violated attorney-client privilege when he issued a tell-all book about the hush payment he helped Trump faciliate to adult film star Stormy Daniels.
But that claim doesn’t make any sense for Trump, said former Manhattan prosecutor Karen Friedman Agnifilo on CNN’s “OutFront” on Wednesday — because it implicitly requires Trump to admit that everything Cohen said, which he is now denying by pleading not guilty to criminal charges against him in New York, is actually true.
“When you look at this, Trump is alleging that Michael Cohen broke attorney-client privilege, he’s talking about all these falsehoods that he put out there,” said anchor Erica Hill. “Is there a legal merit here? I mean, does he have a case?
“It’s an interesting case here because, on the one hand, he’s saying everything is false, right?” said Agnifilo. “So if he was breaching attorney-client privilege, you’re doing that by telling things that were said to you in confidence. But so, is he saying things that Michael Cohen is saying are true because I told him in confidence, and now he’s breached that privilege? Or is he saying that the things are false? Because if they’re false, why didn’t he bring a defamation claim? So it kind of makes no sense.
“It really reads to me like he’s just trying to put his defense in the criminal case out and try and get his statements out there in the court of public opinion.”
She added: “I also think it’s worth noting that there is a little bit of witness intimidation going on here as well. And he’s just using the court system like he seems to want to do, by going after his foes and adversaries.”
Politico: Appeals court rejects Peter Navarro’s bid to retain hundreds of presidential records.
A federal appeals court panel on Wednesday rejected a bid by former Trump White House adviser Peter Navarro to retain hundreds of government records despite a judge’s order to return them promptly to the National Archives.
“There is no public interest in Navarro’s retention of the records, and Congress has recognized that the public has an interest in the Nation’s possession and retention of Presidential records,” the three-judge panel of the D.C. Circuit Court of Appeals concluded in a unanimous two-page order.
The Justice Department sued Navarro last year, seeking to reclaim hundreds of records — contained in Navarro’s personal ProtonMail account — that the government said should have been returned to the National Archives after the Trump administration came to an end in January 2021.
Justica Justice, by Fabiano Millani
Navarro acknowledged that at least 200 to 250 records in his possession belong to the government, but he contended that no mechanism exists to enforce that requirement — and that doing so might violate his Fifth Amendment rights against self-incrimination. Last month, U.S. District Court Judge Colleen Kollar-Kotelly rejected that claim, ordering Navarro to promptly return the records he had identified as belonging to the government.
But Navarro appealed the decision, rejecting the notion that the Justice Department had any legitimate mechanism to force him to return the records. And he urged the court to stay Kollar-Kotelly’s ruling while his appeal was pending. But the appeals court panel — which included Judges Patricia Millett and Robert Wilkins, both appointees of President Barack Obama, and Judge Neomi Rao, an appointee of President Donald Trump — rejected Navarro’s stay request.
Within minutes, Kollar-Kotelly put the squeeze on Navarro, ordering him to turn over the 200 to 250 records “on or before” Friday. She also ordered him to perform additional searches or presidential records that might be in his possession by May 8, with further proceedings scheduled for later in the month.
I’m not sure if these records are related to the January 6 investigation, but Navarro has claimed that giving them up will violate his Fifth Amendment rights.
The flurry of filings is the latest twist in a saga that began when the National Archives discovered that Navarro had relied on a ProtonMail account to do official government business — the result of a congressional investigation into the Trump administration’s handling of the coronavirus crisis.
Navarro is also trying to fend off criminal charges for defying a different congressional investigation — the probe by the Jan. 6 select committee — into his role in strategizing to help Trump overturn the results of the 2020 election. He faces charges for contempt of Congress for defying a subpoena issued by the select committee, a case that has been repeatedly delayed amid battles over executive privilege and immunity for presidential advisers.
In its brief order rejecting Navarro’s stay, the appeals court panel concluded that returning the documents would not violate Navarro’s protection against self-incrimination.

Allegory of Justic, by Gaetano Gandolfi
The wheels of justice are grinding slowly in the Trump investigations, but it looks like they are moving more quickly than the fight for women’s rights their own bodily autonomy. This decision makes no sense to me.
AP: Court preserves access to abortion pill but tightens rules.
AUSTIN, Texas (AP) — A federal appeals court ruled that the abortion pill mifepristone can still be used for now but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail.
The decision late Wednesday temporarily narrowed a ruling by a lower court judge in Texas that had completely blocked the Food and Drug Administration’s approval of the nation’s most commonly used method of abortion. Still, preventing the pill from being sent by mail amounts to another significant curtailing of abortion access — less than a year after the reversal of Roe v. Wade resulted in more than a dozen states effectively banning abortion outright.
The case is likely to go to the U.S. Supreme Court.
“We are going to continue to fight in the courts, we believe the law is on our side, and we will prevail,” White House Press Secretary Karine Jean-Pierre said Thursday, speaking to reporters from Dublin during a visit by President Joe Biden.
Opponents that brought the Texas lawsuit against the drug last year cast the decision by the 5th U.S. Circuit Court of Appeals as a victory.
Abortion rights groups expressed relief that the FDA approval would remain in place for now but criticized the court for reinstating restrictions on the drug. Whole Woman’s Health, an abortion provider that operates six clinics in five states, said in a tweet they were continuing to offer mifepristone in clinics and through virtual services while reviewing the decision that came down shortly before midnight Wednesday.
For goddess sake! Just leave women alone to decide on their medical care in consultation with their doctors!! It’s time to ban Viagra, which is far more dangerous than Mifepristone.
In other news, the case of the leaked classified documents is moving rapidly. The New York Times has now named the leaker: Leader of Online Group Where Secret Documents Leaked Is Air National Guardsman.
The leader of a small online gaming chat group where a trove of classified U.S. intelligence documents leaked over the last few months is a 21-year-old member of the intelligence wing of the Massachusetts Air National Guard, according to interviews and documents reviewed by The New York Times.
The national guardsman, whose name is Jack Teixeira, oversaw a private online group named Thug Shaker Central, where about 20 to 30 people, mostly young men and teenagers, came together over a shared love of guns, racist online memes and video games.
Two U.S. officials confirmed that investigators want to talk to Airman Teixeira about the leak of the government documents to the private online group. One official said Airman Teixeira might have information relevant to the investigation.
Federal investigators have been searching for days for the person who leaked the top secret documents online but have not identified Airman Teixeira or anyone else as a suspect. The F.B.I. declined to comment.
Starting months ago, one of the users uploaded hundreds of pages of intelligence briefings into the small chat group, lecturing its members, who had bonded during the isolation of the pandemic, on the importance of staying abreast of world events.
The New York Times spoke with four members of the Thug Shaker Central chat group, one of whom said he has known the person who leaked for at least three years, had met him in person, and referred to him as the O.G. The friends described him as older than most of the group members, who were in their teens, and the undisputed leader. One of the friends said the O.G. had access to intelligence documents through his job.
While the gaming friends would not identify the group’s leader by name, a trail of digital evidence compiled by The Times leads to Airman Teixeira.
The Times has been able to link Airman Teixeira to other members of the Thug Shaker Central group through his online gaming profile and other records. Details of the interior of Airman Teixeira’s childhood home — posted on social media in family photographs — also match details on the margins of some of the photographs of the leaked secret documents.
The Times also has established, through social media posts and military records, that Airman Teixeira is enlisted in the 102nd Intelligence Wing of the Massachusetts Air National Guard. Posts on the unit’s official Facebook page congratulated Airman Teixeira and colleagues for being promoted to Airman First Class in July 2022.
This is kind of funny, because The Washington Post claimed an exclusive in a story this morning that did not name the leaker: Leaker of U.S. secret documents worked on military base, friend says. But it really wasn’t an exclusive, because Aric Tolder reported the story at bellingcat first.
Now, he has the byline in the NYT story. Hahaha. Hooray for the underdog. He also plans to stay at bellingcat for now.
I imagine there will be more news breaking on this story today. I’ll be watching. Have a great Thursday everyone!!







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.
“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 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
House 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
It wasn’t a lingering fear of Covid-19. In a mid-April interview in his chambers, Justice Alito fills us in on the May 12, 2022, event: “Our police conferred with the George Mason Police and the Arlington Police and they said, ‘It’s not a good idea. He shouldn’t come here. . . . The security problems will be severe.’ So I ended up giving the speech by Zoom,” he says. “Still, there were so many protesters and they were so loud that you could hear them.”
“When I found out that the spouse of the chief justice was soliciting business from law firms, I knew immediately that it was wrong,” the whistleblower, Kendal B. Price, who worked alongside Jane Roberts at the legal recruiting firm Major, Lindsey & Africa, told Insider in an interview. “During the time I was there, I was discouraged from ever raising the issue. And I realized that even the law firms who were Jane’s clients had nowhere to go. They were being asked by the spouse of the chief justice for business worth hundreds of thousands of dollars, and there was no one to complain to. Most of these firms were likely appearing or seeking to appear before the Supreme Court. It’s natural that they’d do anything they felt was necessary to be competitive.”
The justices’ statement, appended to a letter from Chief Justice John Roberts to Senate Judiciary Committee Chairman Dick Durbin, D-Ill., appears squarely aimed at answering critics’ concerns and demands from some for outside oversight.
In part, the goal is to make sure that if Russia detonates a radioactive weapon on Ukrainian soil, its atomic signature and Moscow’s culpability could be verified.





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