The corporate media continues to bash President Biden and ignore Donald Trump’s insane rally speeches and his frightening plans for our future.
Trump held a rally last night after at least 10 days of golfing instead of campaigning. The rally wasn’t in a swing state though–he held it at his Doral golf course in Florida. Why isn’t the media calling him lazy?
Here’s a summary of the looney word salad Trump spewed last night. From @ArtCandee on Twitter:
Oh boy. Trump’s Doral rally tonight was a doozy. Let’s recap it:
He started off by bragging about his golf course instead of apologizing for being an hour late and leaving people waiting all day under a heat advisory.
He said he didn’t know what NATO was.
He bragged that “being indicted is a lot of fun.”
He claimed “tens of thousands” of people showed up to this sad little rally.
He later said “45,000 people” when it barely looked like 2k people were there.
He froze like a deer in headlights for 10 straight seconds.
He praised Laura Loomer and repeatedly called her “amazing.”
He’s mad that Kamala Harris laughs and called her “L-a-f-f-i-n’ Kamala,” proving what we already knew that bro can’t spell.
He said he wants a “no holds barred” debate without moderators this week. Essentially the two of them screaming at each other. Super dumb idea. Especially when Biden is hosting the NATO summit.
He also challenged President Biden to a golf tournament this week when President Biden is busy meeting with NATO leaders and doing his job.
He said Biden “doesn’t know what a synagogue is.”
He thinks you have to stop electric cars every hour.
He complained about the heat only 16 minutes in, when those people waited all day and he still showed up an hour late.
He said someone told him that he looks “great in a bathing suit.” Barf.
He called the fictional Hannibal Lecter “a lovely man” and compared him to immigrants.
He said migrants are “preying on everybody.”
He forgot how to say “feared” and said “field.” He said he’d be the “greatest president that God has ever created.”
He claimed Hunter Biden is running the country.
He babbled about facelifts.
He said he was going to bring Tom Homan back into his administration, a guy who helped author Project 2025 which he claims to know nothing about.
He claimed Biden has more homes than him.
He said we’ll become “energy independent” when we already are right now.
He complained some more about the hot weather.
He asked why “sweaty” golf caddies “never touched me, never hugged me, never kissed me.”
He made fun of Chris Christie’s weight while claiming he was standing up for him. Mighty rich.
He said the U.S. is turning into “communist Cuba or socialist Venezuela.”
He struggled to pronounce some of his sycophants’ names.
He called Don Jr. “a great talent” and that he has a “great wife” even though he’s not married to Kimberly Guilfoyle.
He said how much he loves his family showing up when his wife Melania and favorite daughter Ivanka didn’t even bother going.
He said “October 7th would not have happened” if he was President.
He said Israel “had no money.”
He said “we have nuclear submarines and five warships in Cuba,” essentially calling himself a Russian.
He said Biden has abandoned Cuba when he was the one who nixed Obama’s plan to reopen trade and travel to Cuba.
He said people get “shot, mugged, raped” when visiting the Washington Monument in DC.
He said he will protect the second amendment and “innocent life” in the same breath.
He told people to “vote whenever you want.”
He played a song performed by J6 insurrectionists and people who beat up police officers.
He read his teleprompter cue to speak quickly out loud.
He said that getting rid of energy efficiency in appliances will “keep our enemies at bay.”
He called the United States of America “a third-world country” and said we’re “a joke.”
He said President Biden “isn’t legally allowed to stand trial.”
He’s claiming that the stock market is high because of MAGA winning the election in November, and that it will crash like during the Great Depression if he loses.
He said it’s “easier to get fentanyl than groceries.”
He forgot how to say the word “economy.”
He said he’d rather take money from small dollar donors instead of the wealthy.
He said they’re “going to take over our Capitol.”
He lied like he breathes.
And we all know the media won’t cover HALF of this absolute train wreck.
House Democrats met Tuesday to discuss President Joe Biden’s candidacy, but one lawmaker wanted to know why the press has spent a second week on that story instead of looking at recently released Florida court documents in the Jeffrey Epstein case.
“We hear a lot from our constituents on different issues,” Rep. Ted Lieu (D-CA) said at the news conference Tuesday. “But something I’ve heard that doesn’t seem to be being covered are the Epstein files.”
“And by the way, he was convicted in a civil court for sexual assault and convicted in a state court for 34 felonies. Donald Trump should drop out of the race,” said Lieu….
In a surprise move, Circuit Judge Luis Delgado ordered the documents be released last week, shortly before the Fourth of July holiday.
“The testimony taken by the Grand Jury concerns activity ranging from grossly unacceptable to rape — all of the conduct at issue is sexually deviant, disgusting, and criminal,” the judge wrote.
Palm Beach County Clerk of Courts Joseph Abruzzo worked for the past three years trying to get the records released to the public, The Washington Post reported.
“The public, and the victims specifically, want to know how he was able to get a slap on the wrist and go on for decades, continuing these heinous acts to hundreds, or more, underage girls or women,” he said.
Insider’s Jacob Shamsian explained that Trump is the likely individual referred to as “Doe 174.” It identified the individual as saying, “I wish her well,” when referring to Epstein’s girlfriend and accomplice, Ghislaine Maxwell, who is now serving 20 years in prison for her involvement….
“It’s easy to see where Trump fits into them,” Insider said. “They are all transcripts of depositions from Ransome, Giuffre, and Epstein’s Palm Beach housekeeper Juan Alessi, all of whom were asked about Epstein’s relationships with celebrities and other powerful people.”
Alex Katz, Red Roses with Blue, 2001
Trump has been trying to dissociate himself from the Heritage Foundation’s “Project 2025,” even though most of the people working on it are former members of the first Trumpadministration.
With all the focus in recent weeks on President Joe Biden’s age-related limitations, it’s worth remembering that Donald Trump’s incessant falsehoods and self-proclaimed desire to be a dictator on Day 1 make him far more unfit for the presidency. The latest Trump lie that should be garnering more attention is his attempt to distance himself from Project 2025: “I know nothing about Project 2025,” he posted on Truth Social last week. “I have no idea who is behind it.” That statement is demonstrably false. It reflects an attempt to deceive American voters about the dictatorship a second Trump term would bring.
The reasons that Trump is unfit are manifest. He is a convicted felon and inveterate liar who coddles the nation’s adversaries and threatens its allies. His 30-plus falsehoods in the debate were no less disqualifying than Biden’s age. But most concerning of all are his plans for autocracy, which we document in our American Autocracy Threat Tracker. We detail Trump’s own promise to be a dictator “on Day 1” of his presidency, to “terminate” or reject the Constitution, and to stretch the law to carry out his extreme policies—such as mass deportations (by military force if necessary) and concentration camps for immigrants lacking permanent legal status.
Dictatorship cannot of course be accomplished by one person alone. That’s why, in our Threat Tracker, we also document the autocratic proposals made by Trump’s campaign, allies, and enablers. First among them—and until now embraced by Trump—are the Heritage Foundation and its Project 2025, an 887-page document that outlines how Trump could arrogate unprecedented power in the presidency and eradicate checks on presidential control. In our tracker, we catalog how Project 2025 “proposes to dismantle or radically overhaul the Departments of Justice and State; eliminate the Departments of Homeland Security, Education, and Commerce; radically repurpose other agencies; and eviscerate the professional civil service.” One “immediate priority” discussed by leaders of Project 2025 are proposals for Trump to invoke the Insurrection Act to suppress domestic dissent and violence.
That plan exemplifies the danger lurking beneath this extreme project, as hinted at by last week’s discussion of bloodshed. The president of the Heritage Foundation, Project 2025’s parent organization, Kevin Roberts, said, “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.” The Heritage Foundation subsequently quote-tweeted this clip with one word: “Yes.”
Contrary to Trump’s disavowal, Project 2025 has been conceived, staffed, and endorsed by a plethora of Trump insiders—including some of the former president’s most senior and influential advisers. Notably, John McEntee, a powerful figure in the Trump administration as the director of the White House Presidential Personnel Office, is a senior adviser to the effort and has helped spearhead its lists of potential Trump administration staffers. And Stephen Miller, a top Trump aide, is “one of the most powerful architects” of Project 2025, Axios has reported.
The list of Trump-affiliated figures who have played a role in Project 2025 does not stop there. It also includes Ben Carson, Trump’s ex–secretary of housing and urban development; Peter Navarro, the White House trade adviser under Trump; and Russ Vought, the director of the Office of Management and Budget under Trump. Vought is yet another central player in the former president’s orbit: He drafted a key chapter in Project 2025 and is now the policy director for the committee writing the Republican National Committee’s policy platform. And there are many other lower-profile Trump advisers involved in Project 2025, as we discuss in our Threat Tracker.
Meanwhile, Trump’s super PAC, Make America Great Again Inc., has been running ads promoting a website called Trump Project 2025. And figures like Miller and Trump’s press secretary Karoline Leavitt have previously appeared in online advertisements promoting Project 2025.
Retribution is at the center of Donald Trump’s third presidential election campaign.
“I am your warrior,” Trumpproclaimed earlier this year. “I am your justice, and for those who have been wronged and betrayed, I am your retribution.”
Trump’s loyal surrogates have duly embraced the project — perhaps no one more zealously than Ivan Raiklin, a retired Army Reserve lieutenant colonel and former U.S. Defense Intelligence Agency employee, who bills himself as the former and would-be president’s “future secretary of retribution.”
Raiklin is seeking to enlist so-called “constitutional” sheriffs in rural, conservative counties across the country to detain Trump’s political enemies. Or, as he says, carry out “live-streamed swatting raids” against individuals on his “Deep State target list.”
“This is a deadly serious report,” Rep. Jamie Raskin (D-MD) told Raw Story. “A retired U.S. military officer has drawn up a ‘Deep State target list’ of public officials he considers traitors, along with our family members and staff. His hit list is a vigilante death warrant for hundreds of Americans and a clear and present danger to the survival of American democracy and freedom.” [….]
The list Raiklin has been circulating since January is extensive.
It includes numerous Democratic and Republican elected officials; FBI and intelligence officials; members of the House Select January 6 Committee; U.S. Capitol Police officers and civilian employees; witnesses in Trump’s two impeachment trials and the Jan. 6 committee hearings; and journalists from publications ranging from CNN and the Washington Post to Reuters and Raw Story — all considered political enemies of Trump.
Julie Farnam, a former U.S. Capitol Police employee named on the list who as assistant director of intelligence and interagency coordination warned about the potential for violence in advance of the Jan. 6, 2021, attack, said she would not be intimidated by the list.
“Any hit list is designed to impart the silence and fear of those named on it,” Farnam told Raw Story. “But silence is victory for those who write such lists. Conversely, speaking the truth without fear will always be the undoing of those who seek to intimidate and spread hate in our world. I can never be silenced.”
In addition to Farnam, the list includes nine current or former U.S. Capitol Police employees. The agency declined to comment for this story.
Raw Story is not publishing the full list given the potential risk posed to people unaware that they’re on it.
Many of the people on the “retribution” list are journalists. This story is behind a paywall, but those are the basics. Here’s a bit more:
Who is Ivan Raiklin?
As the 2020 election approached, conspiracy minded Trump supporters with active Twitter accounts were in abundance. Most never broke through the incessant MAGA noise, or merely added another note to its election denialism dissonance.
Raiklin was different.
He was a seasoned veteran with a background in military intelligence who wound up playing a small but significant role in the effort to overturn the 2020 election in Trump’s name.
Bouquet of Flowers by Edouard Manet (1882)
Following a distinguished career in the U.S. Armed Forces in which he served as a military attaché to the former Soviet Republic of Georgia and foreign affairs specialist assigned to the Ukraine Crisis Team, Raiklin left the Defense Intelligence Agency in 2017 to run for U.S. Senate in Virginia, according to the Washington Post.
At the time, Raiklin’s candidacy in 2018 provided little indication of the MAGA loyalist relishing the destruction of Trump’s enemies that he would become….
Following his disappointing foray into electoral politics, Raiklin began his turn toward Trump’s MAGA movement.
In 2019, he appeared at a QAnon-themed fundraiser for retired Lt. Gen. Michael Flynn, Trump’s former national security adviser, whom Raiklin met in 2010. (Flynn and Raiklin have become close in recent years, with Raiklin urging Trump to select Flynn as his vice presidential running mate and Flynn featuring Raiklin in his current speaking tour.)
Roughly a week after the 2020 election, when major media outlets had called the election for Democratic candidate Joe Biden, Raiklin went on Alex Jones’ conspiracy theory show InfoWars and confidently predicted that Trump would ultimately obtain the necessary number of electoral votes to secure reelection.
“I absolutely guarantee it,” he said. “One hundred percent. Unequivocally. Full stop. There is no possibility that he does not reach 270.”
It’s a classic example of how Trump’s followers often act on Trump’s wishes or anticipate his desires without receiving specific directives.
For months, Trump had been saying that the only way he’d lose the election is if Democrats stole it through fraud. Now, Trump had lost, and Raiklin was arguing that Trump was winning, against all evidence.
Raiklin, in essence, operates as an agent of Trumpism independent of Trump.
And as the 2024 election nears, the same dynamic is apparent: Trump articulates the broad themes, and his supporters scramble to put them into practice.
“Stand back and stand by” set the stage for the Jan. 6 insurrection in 2021, and now, “I am your retribution” serves as a solicitation to supporters such as Raiklin to put together specific plans for retribution against Trump’s political enemies.
Don’t hold your breath waiting for the NYT and WaPo to cover this story. They are working overtime trying to normalize Trump, while attacking Biden.
The Justice Departmentannounced on Tuesday that the U.S. has disrupted a Russian disinformation campaign involving Artificial intelligence-powered bots that created fake profiles on the X social media platform.
It’s President Vladimir Putin’s answer to the terrifying Skynet artificial intelligence network from the Terminator movies.
Government officials seized two internet domains and searched through 968 X accounts that they accuse Russia of using to create an AI “bot farm,” which the department said “Used elements of AI to create fictitious social media profiles—often purporting to belong to individuals in the United States—which the operators then used to promote messages in support of Russian government objectives,” according to the statement.
The U.S. action was, “The first in disrupting a Russian-sponsored Generative AI-enhanced social media bot farm,” said FBI Director Christopher Wray.
The court document read that the operation was devised by the deputy editor-in-chief at RT, formerly known as Russia Today, a Kremlin-run Russian news organization based in Moscow, in 2022. The goal was to spread RT’s standard television news broadcast on social media. It was part of a Kremlin-approved and funded project run by a Russian intelligence officer.
Russia’s efforts to influence this year’s U.S. election through information warfare have the same aim as in previous elections — to undermine President Joe Biden’s campaign and the Democratic Party and weaken public confidence in the electoral process, intelligence officials said Tuesday.
Lilacs in a Window by Mary Cassatt (1880)
Russia’s election influence operations, which include covert social media accounts and encrypted direct messaging channels, are targeting key voter groups in swing states to exploit political divisions in the U.S. and erode support for Ukraine in the aftermath of Russia’s invasion, officials with the Office of the Director National Intelligence, or ODNI, told reporters.
Asked whether Russia’s information campaign is trying to boost or undermine one of the presidential candidates, an ODNI official said: “We have not observed a shift in Russia’s preferences for the presidential race from past elections, given the role the U.S. is playing with regard to Ukraine and broader policy toward Russia.”
In its assessments of previous elections dating to 2016, the intelligence community concluded that Russian President Vladimir Putin’s regime sought to sway American public opinion in favor of Donald Trump’s candidacy and denigrate the Democratic Party and its presidential nominees.
Former U.S. intelligence officials and regional analysts say the Kremlin has long viewed Trump as more sympathetic to Russia, citing his frequently expressed skepticism toward the NATO alliance, his reluctance to criticize Putin and his critical portrayal of Ukraine’s government.
The U.S. media and the pundit class are still trying to drive Joe Biden out of the presidential race, and I’m sick and tired of it. These privileged people have the wherewithal to leave the country if Trump gets back in the White House; I don’t.
I see no evidence that Biden is experiencing “cognitive decline,” and he certainly does not have dementia. Democrats should be rallying around Biden, whether they like him personally or not. He is the only thing standing between us and a MAGA dictatorship. Biden needs to stay in the race and beat Trump. He did it once; I believe he can do it again.
Once he’s elected, if Biden wants to retire before the end of his term, Kamala Harris will be there to take over. If he leaves now, Harris will likely be unable to appoint someone as VP, because both houses of Congress have to confirm her choice. The Republicans would joyfully block anyone she picks.
Last night Biden submitted to an interview with ABC’s George Stephanopoulos. I tried to watch it, but I had to turn it off. Stephanopoulos’s questions were ignorant, insulting, and patronizing. I just couldn’t handle it. You can read the full transcript at ABC News.
I am not usually one to offer diagnoses of people I’ve never met, but it does seem like the pundit class of the American media is suffering from severe memory loss. Because they’re doing exactly what they did in the 2016 presidential race – providing wildly asymmetrical and inflammatory coverage of the one candidate running against Donald J Trump.
They have become a stampeding herd producing an avalanche of stories suggesting Biden is unfit, will lose, and should go away, at a point in the campaign in which replacing him would likely be somewhere between extremely difficult and utterly catastrophic. They do this while ignoring something every scholar and critic of journalism knows well and every journalist should. As Nikole Hannah-Jones put it: “As media we consistently proclaim that we are just reporting the news when in fact we are driving it. What we cover, how we cover it, determines often what Americans think is important and how they perceive these issues yet we keep pretending it’s not so.” They are not reporting that he is a loser; they are making him one.
According to one journalist’s tally, the New York Times has run 192 stories on the subject since the debate, including 50 editorials and 142 news stories. The Washington Post, which has also gone for saturation coverage, published a resignation speech they wrote for him. Not to be outdone, the New Yorker’s editor-in-chief declared that Biden not going away “would be an act not only of self-delusion but of national endangerment” and had a staff writer suggest that Democrats should use the never-before-deployed 25th amendment.
Since this would have to be led by Vice-President Kamala Harris, it would be a sort of insider coup. And so it goes with what appears to be a journalistic competition to outdo each other in the aggressiveness of the attacks and the unreality of the proposals. It’s a dogpile and a panic, and there is no one more unable to understand their own emotional life, biases, and motives than people who are utterly convinced of their own ironclad rationality and objectivity, AKA most of these pundits.
Serial Cuddlers, by Daniel Ryan
Speaking of coups, we’ve had a couple of late, which perhaps merit attention as we consider who is unfit to hold office. This time around, Trump is not just a celebrity with a lot of sexual assault allegations, bankruptcies, and loopily malicious statements, as he was in 2016. He’s a convicted criminal who orchestrated a coup attempt to steal an election both through backroom corruption and public lies and through a violent attack on Congress. The extremist US supreme court justices he selected during his last presidential term have themselves staged a coup this very Monday, overthrowing the US constitution itself and the principle that no one is above the law to make presidents into kings, just after legalizing bribery of officials, and dismantling the regulatory state by throwing out the Chevron deference.
His own former staffers are part of the Heritage Foundation’s team planning to implement Project 25 if Trump wins, which would finish off our system of government with yet another coup. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” said the foundation’s president the other day. This alarms me. So does the behavior of the US mainstream media, which seems more concerned with sabotaging the only thing standing between us and this third coup.
“Why aren’t we talking about Trump’s fascism?” demands the headline of Jeet Heer’s piece in the Nation, to which the answer might be a piece by the Nation’s own editor-in-chief titled “Biden’s patriotic duty” that proposes his duty is to get lost. Sometimes I wonder if all this coverage is because the media know how to cover a normal problem like a sub-par candidate; they don’t know how to cover something as abnormal and unprecedented as the end of the Republic. So for the most part they don’t.
Biden is old. He was one kind of appalling in the 27 June debate, listless and sometimes stumbling and muddling his words. But Trump was another kind of appalling, in that almost everything he said was an outrageous lie and some of it was a threat. I get that writing about the monstrosity that is Trump faces the problem that it’s not news; he’s been a monster spouting lurid nonsense all his life (but his political crimes are recent, and his free-associating public soliloquies on sharks, batteries, toilets, water flow, and Hannibal Lector, among other topics, are genuinely demented). He’s a racist, a fascist, and a rapist (according to a civil-court verdict).
We are deciding if this nation has a future as a more-or-less democratic Republic this November, and on that rides the fate of the earth when it comes to acting on climate change. If the US falters at this decisive moment in the climate crisis, it will drag down everyone else’s efforts. Under Trump, it will. But the shocking supreme court decisions this summer and the looming threat of authoritarianism have gotten little ink and air, compared to the hue and cry about Biden’s competence.
President Joe Biden registered his best showing yet in a Bloomberg News/Morning Consult tracking poll of battleground states, even as voters offered withering appraisals of his debate performance amid panic within his party.
Cat in a cardboard box, by Ruskin Spear
Republican Donald Trump led Democrat Biden by only 2 percentage points, 47% to 45%, in the critical states needed to win the November election. That’s the smallest gap since the poll began last October. Biden now leads Trump in Michigan and Wisconsin. He’s within the poll’s statistical margin of error in Arizona, Georgia, Nevada and North Carolina, and is farthest behind in the critical state of Pennsylvania.
Swing-state voters thought Biden acquitted himself poorly in the debate, with fewer than one in five respondents saying the 81-year-old was the more coherent, mentally fit or dominant participant.
The poll results land as the Democratic Party finds itself in an extraordinary bind mere weeks before its nominating convention. To pressure Biden into releasing delegates would be to abandon a candidate who has beaten Trump before and has portrayed his debate debacle as the latest surmountable setback in a career marked by personal tragedies and three previous White House campaigns.
Voters’ reactions to Biden’s debate performance:
The Bloomberg News/Morning Consult poll is the first comprehensive survey of the states most likely to decide the outcome in the Electoral College since the debate on June 27. Its findings run counter to some recent national polls, which showed a worsening picture for Biden. The poll could turn out to be a statistical outlier.
While the results show a “modest boost” in concerns about Biden’s mental acuity, they’re “nothing to match the level of alarm expressed by prominent voices in the Democratic Party,” said Eli Yokley, US political analyst for Morning Consult. “This suggests the age matter was already baked into most voters’ minds: The only difference now is more Democrats are acknowledging it.”
The view from the swing states could be affected by an advertising blitz from Biden and his Democratic allies, who have lately outspent their Republican rivals 5-to-1 in those places.
The Bloomberg News/Morning Consult poll also started four days after the debate — later than some national polls — giving voters more time to evaluate Biden’s performance.
The poll’s first responses came on the day the Supreme Court granted Trump immunity for criminal acts he may have committed as part of his “official responsibilities.” The issue of democracy now rivals immigration as the second-biggest concern among swing-state voters, and it’s one of few issues — including climate change, abortion and health care — where Biden enjoys a significant edge in voter trust.
Read more if you can get past the paywall. I signed up for free articles for one day.
NBC News has a gossipy article about supposed conflicts between President Biden’s family and staff. I’m no going to quote from it; it’s very similar to the gossip column-like pieces that the NYT and WaPo like to publish. But here’s a link, if you want to read it. It’s quite melodramatic, so have a fainting couch and smelling salts handy: ‘It’s Shakespearean’: Long-simmering tensions between Biden’s family and aides spill out.
Meanwhile, Trump is up to no good, as usual. He and his thugs have noticed that Americans might not want to have an unfettered strongman in place of a normal president. They are starting to hear about the Heritage Foundation and “Project 2025, and it’s not going over well with normal people as opposed the MAGA maniacs. So yesterday, someone post at Truth Social in Trumps name, claim to know nothing, nothing at all about Project 2025. (I know Trump didn’t actually write the post, because there were no misspellings or oddly capitalized words; and it included words like “abysmal.”
Donald Trump is trying to claim he has “nothing to do” with Project 2025, a political roadmap created by people close to him for his potential second term.
The project, which is led by the Heritage Foundation, a conservative thinktank, seeks to crack down on various issues including immigration, reproductive rights, environmental protections and LGBTQ+ rights. It also aims to replace federal employees with Trump loyalists across the government.
From the book “Tell us a story,” by Dolores McKay, 1923
Trump wrote in a post on his Truth Social network: “I know nothing about Project 2025. I have no idea who is behind it. I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.”
The former president’s post came a day after the Heritage Foundation’s president, Kevin Roberts, said the US was in the midst of a “second American revolution” that can be bloodless “if the left allows it to be”. He made the comments on Steve Bannon’s War Room podcast, adding that Republicans are “in the process of taking this country back”.
In response to Trump’s post, several critics were quick to point out that it appears unlikely that he is unaware of Project 2025, given that many individuals involved in the project are his closest allies.
“Many people involved in Project 2025 are close to Trump world & have served in his previous admin,” CNN’s Alayna Treene said.
“Project 2025” is nothing short of a 900-page blueprint for guiding Donald Trump’s second term of office if he’s re-elected.
After the Heritage Foundation unveiled Project 2025 in April last year, when Trump was seeking the Republican nomination, he had no problem with it.
But now that the nation is turning its attention to the general election, Trump doesn’t want Project 2025 to draw attention. Its extremism is likely to turn off independents and moderates.
So Trump is now claiming he has “no idea who is behind” Project 2025….
The Project 2025 playbook was written by more than 20 officials who Trump himself appointed during his first term. If he has “no idea” who they are, he’s showing an alarming cognitive decline.
One of the leaders of Project 2025 is Russ Vought. Vought was Trump’s director of the Office of Management and Budget, a key position in the White House. Vought is also drafting Trump’s 2024 GOP platform.
Trump says he “knows nothing” about Project 2025. And he says he “disagrees” with it.
As the former chairman of the Republican party, Michael Steele put it, “Ok, let’s all play with Stupid for minute … so exactly how do you ‘disagree’ with something you ‘know nothing about’ or ‘have no idea’ who is behind, saying or doing the thing you disagree with?”
Artist unknown
Trump may also be worried that Heritage president Kevin Roberts could alarm independents and moderates. On Wednesday, Roberts raised the prospect of political violence. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” Roberts told the War Room podcast, founded by Trump adviser Steve Bannon.
But let’s be clear. The Trump campaign platform is basically Project 2025. Trump’s Make America Great Again Pac is running ads calling it “Trump’s Project 2025”.
The Make America Great Again Pac also created the website TrumpProject2025.com. In case there’s any doubt that Trump and the Heritage Foundation are working in close partnership, Trump can be seen in this video praising the Heritage Foundation and saying he “needs” them to “achieve” his goals.
The close relationship between Trump and the Heritage Foundation goes back years. In 2018, the Heritage Foundation bragged that Trump implemented two-thirds of their policy recommendations in his first year – more than any other president had done for them.
The goals of Project 2025 are the same goals Trump tried to achieve in his first term or has been advocating in this campaign.
One key goal of Project 2025 is to purge all government agencies of anyone more loyal to the constitution than to Trump – a process Trump himself started in October 2020 when he thought he would remain in office.
Trump has promised to give rightwing evangelical Christians what they want. Accordingly, Project 2025 calls for withdrawing the abortion pill mifepristone from the market, expelling trans service members from the military, banning life-saving gender affirming care for young people, ending all diversity programs, and using “school choice” to gut public education.
Read the rest at The Guardian.
Trump is trying to use the SCOTUS “immunity” ruling to get rid of the espionage and other charges against him for stealing and hoarding secret government documents.
Donald Trump says the Supreme Court’s ruling that he has blanket immunity from prosecution for his “official acts” as president should result in a monthslong pause of his criminal proceedings in Florida.
The Friday filing by Trump’s legal team with U.S. District Judge Aileen Cannon is the latest move by the former president to seize on the high court’s landmark immunity ruling to sideline his lingering criminal cases. He is asking Cannon for a chance to argue the immunity issue before her between now and early September, effectively pausing all other proceedings in the case by two months.
Trump has argued that his decision to transmit classified documents to his Florida home as he prepared to leave the presidency should be treated as an “official act” and be removed from special counsel Jack Smith’s case against Trump for allegedly hoarding national security secrets at his Mar-a-Lago estate. Now, he says, the Supreme Court’s ruling requires that the case be put on hold until the immunity issue is resolved.
The push by Trump is the latest effort to wield the Supreme Court’s decision as a weapon in his ongoing cases in Florida, Washington, D.C. and Georgia, each of which implicate some of Trump’s actions in his final months in the White House. The ruling has already scrambled plans for New York state judge Juan Merchan to sentence Trump on his 34-count conviction for concealing evidence of his alleged 2006 affair wiAlth porn star Stormy Daniels. Though that case centered on Trump’s private actions, some of the evidence prosecutors relied on overlapped with his first two years in the White House, which Trump contends should have been treated as off-limits.
I don’t know how much I can post today. I’m exhausted and overwhelmed by the events of the past week or so. How much worse can things get in this country? As Democrats, we are dealing with assaults from the corrupt Supreme Court as well as MAGA Republicans, the media pundit class, and cowardly members of our own party. Biden had a bad debate, yes; but so did Trump. He did nothing but spew lies. He didn’t address one policy issue, because he is too stupid and lazy to even understand policy. But all we hear from the DC pundits is that Biden should step down.
Folks, the way we choose presidents since 1972 is through primaries, and Joe Biden won all the primaries. He holds most of the delegates. His campaign has collected millions in donations that can’t be transferred to another candidate. It’s possible the money could go to Kamala Harris, but the DC/NY pundits don’t want her.
Biden is on the ballot in many states; if another candidate runs in his place, voters would have to write in his/her name. With four months left before the election, there just isn’t time for a new candidate to raise money, hire staff, set up campaign offices around the country, and become known to low information voters. That candidate would also have to deal with the anger and resentment of people who voted for Biden/Harris–especially the African American and women voters who are essential to Democrats winning elections.
Finally, an open convention–which some pundits are calling for–would be an insane shit show that would tear the party apart. Push for this if you really want King Trump in the White House–this time with no guardrails from so-called adults in the room.
If you want more details on why replacing our nominee would be a horrible idea, here is a long Twitter thread by Dana Houle that spells out the challenges that would be faced by a candidate who replaced Biden. WordPress won’t let me post the tweets, but I’ll copy some of them here.
1/ Democrats cannot nominate anyone except Joe Biden or Kamala Harris. It’s impossible. If the Biden candidacy ends, so does the Biden campaign. It’s not transferable. Anyone else other than possibly Kamala Harris would have to start from nothing. That’s can’t be done.
2/It’s possible I’m missing something, but I don’t think so. Here’s why the Democrats can nominate Joe Biden, or possibly Kamala Harris, but nobody else. There’s only one candidate with a 2024 presidential campaign committee registered with the Federal Election Commission.
3/Some of the “stuff” of the Biden campaign can probably be transferred to the DNC (and maybe state parties), but most of it can’t. Another candidate can’t just take over Biden’s campaign. So, think about it. A new nominee would not have a campaign. Like, not a tax ID…
4/Not a bank account, not a website or address. There would be nothing. They would start out largely paralyzed for weeks. First and most obviously, there would be no staff. And there would be no HR process for hiring staff, no payroll process. So a new campaign trying to…
5/…rapidly expand would have to focus on staffing. They could probably hire people from the Biden campaign, but not all would want to work for the new candidate. Among the first people needed would be compliance and legal staff, because a new campaign would be immediately…
6/…challenged on ballot access and all kinds of other stuff. Compliance would be needed to deal with the massive influx of immediate cash and to be sure everything meets FEC rules. But to get cash they’d need banking/accounting as well. So that needs to be set up…
7/And since most of the money would come in online, they’d need to immediately set up a web operation robust enough to handle to load, and secure enough to handle the obvious cyberattacks that would happen. So they’d need contracts for servers, support staff, etc…
8/This new campaign would also be immediately inundated with calls and emails from press, potential volunteers and donors, other campaigns/party orgs, orgs inviting the candidate to events, etc.. So they would immediately need staff for press, scheduling, political, etc
9/Some of these people could probably slide over from the DNC or state parties. But that leaves holes at the DNC and state parties. But let’s say they could immediately staff up. Where does everyone work? Office leases prob can’t be automatically transferred to the…
10/…new campaign, so all of those would need to be renegotiated, and some may not be available to the new campaign. They’d also have to deal with utilities. Then, how does everyone communicate? As we know from 2016, security breeches can be fatal. So it’s not something…
11/…that can be tossed together in a day or so. But let’s say all the staff and infrastructure can be conjured from the ether. What about the data? Some could probably be transferred, but some of the lists would probably need to be purchased at fair market value from…
12/…Biden/Harris 2024. The new campaign would be starting out with no email lists, no volunteer lists, no fundraising lists, etc. They’d also be starting with no contracts with vendors. All those contracts would have to be negotiated
There is much more to this thread. I recommend reading it if you’re thinking Biden should step down or you want to inform other people who think that.
The New York Times editorial board and seemingly every columnist at the paper called on Biden to withdraw from the race in pieces with headlines like, “President Biden, I’ve seen enough.” So did the Chicago Tribune editorial board and New Yorker editor David Remnick. MSNBC’s Joe Scarborough, co-host of Biden’s favorite morning show, urged the president to at last consider stepping aside. And Pod Save America’s response to the debate was so apoplectic that it prompted the Biden campaign to take a shot at “self-important Podcasters.”
The Sea, by Frederick Childe Hassam
The feeding frenzy/panic is to some extent understandable and inevitable. Biden wanted the debate early in order to put to rest fears about his age and to end the conversation about whether he would drop off the ticket. Instead, he sounded confused, and his lifelong stutter was more prominent than it ever has been in his decades-long career. Media figures licking their chops about the incendiary conflicts and clicks of a contested convention started to salivate a river. Democrats nervous about Biden’s ability to wage a forceful campaign became outright fearful.
But amidst all the tearing of garments and vultures circling, the fact is that we’re still pretty much where we were pre-debate. There are two questions: Is Biden fit to serve? And, would Democrats benefit by forcing him off the ticket? The answers remain “he is” and “probably not.”
There’s little evidence Biden is actually in mental decline.
The debate about Biden’s debate performance has largely focused on his appearance, suggesting he’s unelectable and finessing the question of whether he’s actually unfit. Some outlets, though, openly asserted that Biden is in cognitive decline, arguing that laypeople watching a debate can instantly assess someone’s mental fitness.
The Chicago Tribune, for example, argued Biden “should announce that he will be a single-term president who now has seen the light when it comes to his own capabilities in the face of the singular demands of being the president of the United States.” They added, “Everyone sees that now.”
But you can’t actually just “see” whether someone is in cognitive decline. Yes, people are often convinced that signs of physical illness or hesitation reflect mental hesitation; that’s why there’s so much prejudice against stutterers. But editorial boards and people with a public platform have a responsibility to inform readers, not just mirror popular prejudices.
What we know about aging, and about Biden, has not changed since the debate. In May, the Washington Post consulted with experts about the aging process and how likely aging is to affect the decision-making abilities of Biden and Republican challenger Donald Trump, who’s no spring chicken himself.
Those experts uniformly “rejected any suggestion that there should be an upper age limit for the presidency.” They also argued that there were many advantages to older candidates, who were likely to have better judgement and more emotional stability. According to Earl Miller, a professor of neuroscience at MIT, “Knowledge and experience count for a lot, and that can more than make up for slight losses of memory as a result of aging.”
Experts also pointed out that articulation problems, mixing up words, or using the wrong word were common problems as people aged, but none of them indicate cognitive decline overall. Stutters can also worsen and improve sporadically over a lifetime, but that doesn’t mean someone is impaired.
Also, again, experts insist that you can’t diagnose cognitive decline by watching TV clips, or even by watching a debate.
Following Biden’s poor debate performance against Donald Trump, we’re releasing the full and unedited 21-minute interview we conducted with President Joe Biden nine days before his interview with Special Counsel Robert K. Hur.
In the wake of President Joe Biden’s poor debate performance, his opponents and most major media organizations have pointed out that he has done few interviews that give the public an opportunity to hear him speak without a script or teleprompters.
ProPublica obtained a rare interview with Biden on Sept. 29, nine days before the Hur interviews began. We released the video, which was assembled from footage shot by five cameras, on Oct. 1. We edited out less than a minute of crosstalk and exchanges with the camera people, as is customary in such interviews.
Today, we are releasing the full, 21-minute interview, unedited as seen from the view of the single camera focused on Biden. We understand that this video captures a moment in time nine months ago and that it will not settle the ongoing arguments about the president’s acuity today. Still, we believe it is worth giving the public another chance to see one of Biden’s infrequent conversations with a reporter.
Conducting the interview was veteran journalist and former CNN White House correspondent John Harwood, who requested it and then worked with ProPublica to film and produce it.
He did not send questions to the White House ahead of time, nor did he get approval for the topics to be discussed during the interview.
Recording began as soon as Biden was miked and sitting in the chair that Friday at 2:50 p.m. Earlier that day, Biden’s press staff had said the president would have only 10 minutes for the interview, instead of the previously agreed upon 20 minutes. We requested that the interview go the full 20 minutes. You can hear during the unedited interview a couple of moments when White House staff interrupted to signal that the interview should come to a close. Biden seemed eager to continue talking.
Read and watch the interview at ProPublica.
What’s truly amazing to me is that the media is focused on getting rid of Biden instead of the recent decision by the corrupt Supreme Court that granted king-like powers to Trump if he is elected. The media is doing to Biden what they did to Hillary Clinton and Al Gore–focusing on minutia and in doing so, supporting a dangerous candidate who will do untold damage to the country. George W. Bush was bad enough; a Trump presidency would mean the end of our democracy. He would pull us out of NATO and ally the U.S. with Russia, China, Hungary, Turkey, and North Korea. He has announced his plan to deport millions of immigrants, who will be put in camps until he can figure out how to get rid of them. Is that what we want? I know I don’t.
Last week, finding himself furious at the court’s per curiamdecision to hold off on deciding a big abortion case about the kinds of miscarriage care states may withhold from pregnant women in emergency rooms, Justice Samuel Alito excoriated his colleagues for punting. In his view, as he put it—in an opinion joined by Justices Clarence Thomas and Neil Gorsuch—the court’s “about-face” on taking, then running away from, the EMTALA abortion case was “baffling” because “nothing legally relevant has occurred” since the court granted an emergency stay in January and plonked itself into a dispute before it went through the appeals process. It was an easy case, he sniffed. Many amicus briefs had been filed, he huffed. Why had the court balked at the last minute? Thinking. Thinking. Then: “Apparently,” he hypothesized, “the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents.”
That’s right. The majority of the court (and all of its females) found the issue too “emotional” to do the hard work of denying women in acute medical emergencies abortion care.
Fairfield Porter, On the Porch, 1961
Had he given his word choice 10 seconds’ further thought (or even conferred with his wife, who is by all accounts “fond of flags”), Alito might have taken out that “emotional” crack before attacking Amy Coney Barrett’s defection in this matter, in the time between the accidental release of the draft decision and its final publication the next day. He did not.
It’s gross, but not unexpected, that often when the court fractures along gender lines, as it has frequently this term, you will hear a whole lot of the jovial “Calm down, little missy” talk that you might recall from 1950s sitcoms.
Last week, finding himself furious at the court’s per curiamdecision to hold off on deciding a big abortion case about the kinds of miscarriage care states may withhold from pregnant women in emergency rooms, Justice Samuel Alito excoriated his colleagues for punting. In his view, as he put it—in an opinion joined by Justices Clarence Thomas and Neil Gorsuch—the court’s “about-face” on taking, then running away from, the EMTALA abortion case was “baffling” because “nothing legally relevant has occurred” since the court granted an emergency stay in January and plonked itself into a dispute before it went through the appeals process. It was an easy case, he sniffed. Many amicus briefs had been filed, he huffed. Why had the court balked at the last minute? Thinking. Thinking. Then: “Apparently,” he hypothesized, “the Court has simply lost the will to decide the easy but emotional and highly politicized question that the case presents.”minal law.’ ”
“Our dissenting colleagues exude an impressive infallibility,” writes Roberts, like a girls soccer coach. “While their confidence may be inspiring, the Court adheres to time-tested practices instead—deciding what is required to dispose of this case.” Hate the player, change the game.
In brushing past the district court opinion written by Judge Tanya Chutkan and the thorough, 57-page appellate opinion joined by Judges Karen LeCraft Henderson, Florence Pan, and J. Michelle Childs, the chief justice manages to malign their work product too: “Despite the unprecedented nature of this case, and the very significant constitutional questions that it raises, the lower courts rendered their decisions on a highly expedited basis.” Shorter Roberts? Really hard to find good help these days.
On CNN, Donald Trump’s former White House counsel Ty Cobb coughed up the same critique of Sotomayor. “Her dissent was a little hysterical, and it really offered no analysis,” he said. “A lot of screaming, no analysis. And I think that was unfortunate.”
Screaming. Insubstantial. Hysterical. What men call banshees, women call prophecy. And of course if there are any sitting justices on the Roberts court whose entire jurisprudence can be reduced to a soggy skein of hurt feelings and self-pity, they are not females.
We women thought we had made progress, but it’s not looking that way these days. There’s quite a bit more to read at Slate. Lithwick has reached the end of her patience. Here’s what she wrote on Twitter on Monday evening:
As an official representative of the legal commentariat I want to suggest that tonight’s a good news cycle to talk to the fascism and authoritarianism experts. This is their inning now…
Forget Donald Trump. Forget Joe Biden. Think instead about the Constitution. What does this document, the supreme law of our land, actually say about lawsuits against ex-presidents?
Nothing remotely resembling what Chief Justice John Roberts and five associate justices declared in yesterday’s disappointing Trump v. United States decision. The Court’s curious and convoluted majority opinion turns the Constitution’s text and structure inside out and upside down, saying things that are flatly contradicted by the document’s unambiguous letter and obvious spirit.
Imagine a simple hypothetical designed to highlight the key constitutional clauses that should have been the Court’s starting point: In the year 2050, when Trump and Biden are presumably long gone, David Dealer commits serious drug crimes and then bribes President Jane Jones to pardon him.
Is Jones acting as president, in her official capacity, when she pardons Dealer? Of course. She is pardoning qua president. No one else can issue such a pardon. The Constitution expressly vests this power in the president: “The President … shall have Power to grant Reprieves and Pardons for Offenses against the United States.”
Wind from the Sea, by Andrew Wyeth
But the Constitution also contains express language that a president who takes a bribe can be impeached for bribery and then booted from office: “The President … shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors.” And once our hypothetical President Jones has been thus removed and is now ex-President Jones, the Constitution’s plain text says that she is subject to ordinary criminal prosecution, just like anyone else: “In cases of Impeachment … the Party convicted shall … be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.”
Obviously, in Jones’s impeachment trial in the Senate, all sorts of evidence is admissible to prove not just that she issued the pardon but also why she did this—to prove that she had an unconstitutional motive, to prove that she pardoned Dealer because she was bribed to do so. Just as obviously, in the ensuing criminal case, all of this evidence surely must be allowed to come in.
But the Trump majority opinion, written by Roberts, says otherwise, proclaiming that “courts may not inquire into the President’s motives.” In a later footnote all about bribery, the Roberts opinion says that criminal-trial courts are not allowed to “admit testimony or private records of the President or his advisers probing the official act itself. Allowing that sort of evidence would invite the jury to inspect the President’s motivations for his official actions and to second-guess their propriety.”
But such an inspection is exactly what the Constitution itself plainly calls for. An impeachment court and, later, a criminal court would have to determine whether Jones pardoned Dealer because she thought he was innocent, or because she thought he had already suffered enough, or because he put money in her pocket for the very purpose of procuring the pardon. The smoking gun may well be in Jones’s diary—her “private records”—or in a recorded Oval Office conversation with Jones’s “advisers,” as was the case in the Watergate scandal. Essentially, the Court in Trump v. United States is declaring the Constitution itself unconstitutional. Instead of properly starting with the Constitution’s text and structure, the Court has ended up repealing them.
There’s more at the link, but I’ve given you the gist.
In her dissent to Monday’s Supreme Court ruling, Justice Sonia Sotomayor painted a grim portrait of a commander-in-chief now “immune, immune, immune” from criminal liability and free to exploit official presidential power against political opponents.
“Orders the Navy’s Seal Team 6 to assassinate a political rival?” she wrote. “Immune.”
As extraordinary as that prospect might sound, constitutional law experts say she’s right: The court’s decision in Trump v. United States really does appear to immunize a hypothetical president who directed the military to commit murder, though a president might be hard-pressed to find someone to carry out such an order
Young woman relaxing, by Francesco Masriera
The crux of the issue, legal scholars said, is that the decision granted total immunity for any actions a president takes using the “core powers” that the Constitution bestows on the office. One such power is the authority to command the military.
“The language of the Supreme Court’s decision seems to suggest that because this is a core function of the president, that there is absolute immunity from criminal prosecution,” said Cheryl Bader, a criminal law professor at Fordham Law School and a former federal prosecutor. “If Trump, as commander in chief, ordered his troops to assassinate somebody or stage a coup, that would seem to fall within the absolute immunity provision of the court’s decision.”
The hypothetical about a president deploying the Navy SEALs to assassinate a political opponent has come up before — including during a lower-court hearing on Trump’s immunity litigation and during the Supreme Court’s own oral arguments in the case. It was raised as an absurdity to illustrate that the most sweeping version of Trump’s immunity theory could not possibly be right. In fact, when Justice Samuel Alito broached the scenario during oral arguments, he drew laughter in the courtroom.
So the fact that Chief Justice John Roberts’ majority opinion on Monday did not attempt to directly carve out such extreme examples immediately raised alarm among some experts. Roberts’ opinion appeared to address the matter only obliquely.
Is it possible that Roberts doesn’t understand that Trump wants to use violence? I have no doubt that is if he is elected, he will order the military to fire live rounds at protesters.
KEVIN ROBERTS (HERITAGE FOUNDATION PRESIDENT): In spite of all this nonsense from the left, we are going to win. We’re in the process of taking this country back. No one in the audience should be despairing.
No one should be discouraged. We ought to be really encouraged by what happened yesterday. And in spite of all of the injustice, which, of course, friends and audience of this show, of our friend Steve know, we are going to prevail.
Number two, to the point of the clips and, of course, your preview of the fact that I am an early American historian and love the Constitution. That Supreme Court ruling yesterday on immunity is vital, and it’s vital for a lot of reasons. But I would go to Federalist No. 70.
If people in the audience are looking for something to read over Independence Day weekend, in addition to rereading the Declaration of Independence, read Hamilton’s No. 70 because there, along with some other essays, in some other essays, he talks about the importance of a vigorous executive.
You know, former congressman, the importance of Congress doing its job, but we also know the importance of the executive being able to do his job. And can you imagine, Dave Brat, any president, put politics off to the side, any president having to second guess, triple guess every decision they’re making in their official capacity, you couldn’t have the republic that you just described.
But number three, let me speak about the radical left. You and I have both been parts of faculties and faculty senates and understand that the left has taken over our institutions. The reason that they are apoplectic right now, the reason that so many anchors on MSNBC, for example, are losing their minds daily is because our side is winning.
And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.
That’s all I have for you today. I’ve included some relaxing paintings to counteract the horror.
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I was really depressed on Thursday night after the “debate.” I couldn’t stop scrolling Twitter and obsessing on the horrible CNN “moderators,” who might as well have been replaced with cards with their idiotic questions on them. But it never occurred to me that Biden should step down and be replaced by “someone else.”
I had a mostly sleepless night, but by morning I had calmed down quite a bit; and after I watched Biden’s energetic speech in South Carolina, I felt much better. Here’s the way he ended that speech:
RALEIGH, N.C. — President Joe Biden tried to turn his disappointing debate performance into a rallying cry for his supporters at an event on Friday, painting himself as down but not out as some in his party whisper about replacing him atop the ticket.
“I know I’m not a young man. I don’t walk as easy as I used to. I don’t speak as smoothly as I used to. I don’t debate as well as I used to, but I know what I do know — I know how to tell the truth!” an energetic Biden said, nodding at the criticism he received following Thursday night’s debate while contrasting it with assessments about the accuracy of several statements by former President Donald Trump.
“When you get knocked down, you get back up,” Biden yelled, to a cheering crowd
“I intend to win this state in November,” Biden said about North Carolina. “We win here, we win the election.”
The campaign event, in a state that hasn’t voted Democrat for a presidential candidate since Barack Obama in 2008, comes after what many political observers and some Democrats have said was a poor debate performance by Biden Thursday night against former President Donald Trump.
About last night, Biden said on Friday, “I spent 90 minutes on the stage and debated the guy who has the morals of an alley cat.”
Though he coughed at times during Friday’s remarks, Biden’s demeanor was more lively, delivering attack lines and riling up the crowd.
A small child reading to a cat by Emile Munier
Biden said that when he thought about Trump’s 34 felony convictions, his sexual assault on E. Jean Carroll, and being fined millions of dollars for business fraud, “I thought to myself, Donald Trump isn’t just a convicted felon — Donald Trump is a one-man crime wave.”
A senior Biden adviser said the campaign team worked closely with the president Friday morning to draft his closing remarks in Raleigh about the debate. It was not, the adviser said, a response to negative coverage or the calls growing in the party for him to consider stepping aside. Biden, the adviser said, knows full well he didn’t deliver the performance he needed to last night and knew he needed to directly address it Friday.
This is what Barack Obama tweeted yesterday:
Bad debate nights happen. Trust me, I know. But this election is still a choice between someone who has fought for ordinary folks his entire life and someone who only cares about himself. Between someone who tells the truth; who knows right from wrong and will give it to the American people straight — and someone who lies through his teeth for his own benefit. Last night didn’t change that, and it’s why so much is at stake in November. http://joebiden.com
Biden’s performance in the debate was dreadful, but it was just one night; and as Lawrence O’Donnell pointed out on MSNBC last night, very few people actually watched it. Probably most of the people who watched were political junkies like us.
This morning I see that lots of pundits are still calling on Biden to step down. Most of the young white men who are calling for a replacement (e.g. Ezra Klein, Greg Sargent) have no good suggestions for how this would happen and how that person would get on the state ballots and raise millions in donations to fund his/her campaign. They mostly want to pass over Kamala Harris too. Can you imagine the turmoil that would cause in the Democratic base, which is dominated by African Americans and women?
The last time the Democrats replaced a presumptive nominee was in 1968. Ezra Klein probably isn’t old enough to remember what happened then. Click below to watch a sample video of the Chicago riots.
There was a “police riot” outside and chaos on the Convention floor. Hubert Humphrey was chosen, even though he didn’t enter a single primary. He went on to lose to Richard Nixon, and the rest is painful history. And this year the Democratic Convention is once again in Chicago!
I didn’t realize that the new rules that George McGovern pushed through in 1972 changed the nomination process so much that replacing a nominee would much harder now than in 1968. Political scientist Rachel Bitecofer explains on Twitter:
[O]nce the direct primary evolved from the McGovern-Fraser commission after the 1968 shitshow the conventions really lost their institutional role. It is an officiating ceremony that *could* get disrupted given the rules but which neither party could ever really do bc so much of the state level infrastructure runs way ahead of the formal moment of nomination. Thus it would guarantee destruction to broker a convention. If Election Twitter had bothered to get academic training I have, they would understand that too. Military ballots mail months ahead of the election. It’d be like nuking ourselves trying to change him out. Even if he wanted us to.
In my opinion, we have to keep ridin’ with Biden.
A couple more examples of pushback on the “he should step down” crowd:
President Joe Biden’s campaign hit back after a widely-panned debate performance by listing a whopping 50 “lies” ex-President Donald Trump “told from the debate stage.”
President Biden and Trump finally went head-to-head at CNN’s debate Thursday night in the earliest general election presidential matchup ever, and the reviews are in. After some deadly early stumbles, President Biden’s performance improved, but not enough to ward off abject panic from some Democrats, and calls for him to drop out.
Vice President Kamala Harrismade the rounds after the debate, including during CNN’s Debate Night in Americacoverage to defend Biden’s “slow start” and to assail Trump over his many falsehoods.
And shortly after midnight, Biden-Harris 2024 released a memo listing 50 of them:
All 50 of Trump’s Lies
16 More Lies Than Felonies, 48 More Lies than Impeachments
Here it is. Every single lie Donald Trump told on the debate stage.
He lied about the economy. He lied about foreign policy. He lied about his record. He lied about his crimes. He lied about women’s rights. He lied about immigration. He lied about his lies. He lied about our soldiers he disrespected. He lied about law enforcement attacked by his supporters. He lied about who he has had sex with. He lied about his racism. He lied about our country.
That is what the substance of this debate was about: Donald Trump, a liar and a felon vs. Joe Biden, a fighter for our families.
“I refuse to join the Democratic vultures on Biden’s shoulder after the debate. No one knows more than me that a rough debate is not the sum total of the person and their record,” Fetterman said Friday on X, formerly Twitter.
Fetterman, who is 54, suffered a stroke while running for Senate in 2022 but later went on to debate his Republican opponent Mehmet Oz. It didn’t go well. He struggled to complete sentences, stumbling over words and pausing altogether as a result of the auditory processing disorder he suffered from the stroke.
Some Democrats expressed similar alarm at the time and wondered whether deciding to the debate had tanked Fetterman’s odds of winning the seat.
“Morning-after thermonuclear beat downs from my race from the debate and polling geniuses like 538 predicted l’d lose by 2. And what happened? The only seat to flip and won by a historic margin (+5),” Fetterman added. “Chill the fuck out.”
Before I get to more of today’s news, here is a review of Rachel Bitcofer’s (quoted above) book, Hit ‘Em Where It Hurts: How to Save Democracy by Beating Republicans at Their Own Game.
America’s future — as a multiracial democracy or an ethno-nationalist authoritarian state — is very much on the ballot this year, as a wide range of observers have noted. But you’d be hard-pressed to see that reality reflected in the mainstream media, much less from the mouths of the randomly-selected potential voters interviewed on the ground, the folks who will supposedly determine the outcome in November. It’s a dire situation that political scientist turned election strategist Rachel Bitecofer tackles head-on in her new book, “Hit ‘Em Where It Hurts: How to Save Democracy by Beating Republicans at Their Own Game.” She describes it as “a battle-tested self-help book for America’s fragile democracy.”
Back in 2019 I first noted Bitecofer’s acumen for election predictions, shown in her forecast of Democrats’ big 2017 gains in the Virginia legislature and then her spot-on prediction of the 2018 blue wave, based on fundamental voter demographics and her perception of partisan polarization and negative partisanship, rather than following the polls. In 2021, I interviewed Bitecofer about her evolution from academic into brand messenger, as she put those methods to work in fighting to counter the expected “red tsunami” of 2022. The Supreme Court’s Dobbs decision and its aftermath helped shift a substantial number of campaigns along the lines she predicted, as she lays out in the book, drawing on insights from decades of political science research.
Bitecofer’s most basic point is simple: Democrats as a whole — despite their “reality-based” self-image — have been unable or unwilling “to accept that the American voter is, at best, rough clay,” and to work with it accordingly. On the other hand, she writes, “Republicans have long understood this and have built an electioneering system that shapes the electorate and meets voters where they actually are.” The point of “Hit ‘Em Where It Hurts” is to convince Democrats to change their strategic approach while there’s still time to rescue democracy, and to focus relentlessly on the threat posed by Republicans in terms that hit voters where they are.
The good news is that some Democrats have already made that shift, while others are groping their way towards it. But to be effective, this needs to be comprehensive, bottom-to-top systemic change, Bitecofer believes, and that hasn’t happened yet. She also discusses the effects of the right-wing media ecosystem, and the think-tank and donor infrastructures that underlie it, to paint a fuller picture of America’s perilous political situation. But in fact, she argues, Democrats and their allies can turn the tide by focusing on low-hanging fruit — the things that are easiest to change. Salon interviewed her with a particular focus on those most immediate concerns and the 2024 election. This interview has been edited for clarity and length.
The signal failure of the American media during the Trump era has been the refusal to hold Donald Trump accountable for his behavior – and, in particular, his endless lies.
That has never been more obvious than it was at Thursday night’s presidential debate.
The CNN moderators who should have corrected Trump’s outrageous and easily disproved assertions – about immigration, abortion, Covid, Jan. 6, NATO, you name it – instead thanked him obsequiously.
Girl reading with a cat, by Merle Keller
The result was a debate where performance meant everything, and substance meant nothing.
Biden’s performance was stumbling and inept – highly concerning to anyone who fears a Trump victory.
But Trump’s incessant lying, refusal to answer direct questions, and general lunacy would have been the other major takeaway from the debate if the moderators had done their jobs instead of acting like polite potted plants.
They even let him know ahead of time that they wouldn’t do live fact-checking – an obvious and colossal mistake that I decried earlier this week. That gave Trump the green light to let loose without consequences.
Twitter (I still call it that) is not a reliable forum for much of anything these days, but it was alive and well Thursday night as people I follow realized, in real time, what a debacle CNN’s no-fact-checking rule had become.
Richard Stengel wrote: “A debate where one candidate flagrantly lies again and again without a mechanism for correction is not a debate.”
David Rothkopf wrote: “The lack of challenges from moderators has the effect of making it appear that the lies flowing from Trump’s mouth are the same as the facts in which Biden is dealing.”
Jessica Valenti wrote: “I’m sorry, but Trump just claimed that Democrats allow ‘after birth’ abortion and the moderators’ only response was ‘thank you’???”
Ruth Ben-Ghiat wrote: “The debate is about information warfare for Trump. As I said earlier today, you don’t let a proven propagandist on stage without stopping him when he lies. Instant refutation is key. Have we learned nothing in the last 9 years?”
Will Bunch wrote: “CNN’s lack of fact checking and wooden questions are just as bad for democracy as everything else that’s happening.”
MAGA loyalist Steve Bannon is dreading his soon-to-be-reality of being housed alongside sex offenders and violent criminals when he reports to prison in Connecticut on Monday, a source close to him told The Daily Beast on Friday.
Bannon, 70, was told to face the music on Friday when the nation’s highest court declined to indulge his pleas for a last-minute reprieve. With a one-sentence ruling, the Supreme Court ordered that he could no longer delay his sentence while he appeals the conviction.
Woman reading, by Will Barnet
Bannon is set to spend four months at FCI Danbury—a low-level prison in Connecticut where he’ll be housed alongside people convicted of sexual and violent crimes. The source said that’s something Bannon is “quite concerned with.”
His charges stem from him blowing off a subpoena from the House committee investigating the Capitol riot. He has spent two years since then trying every avenue of appeal, arguing that he was only following the advice of his lawyer, who told him then-President Donald Trump had evoked executive privilege. (Multiple courts ruled that there was no executive privilege since Trump had already left office.)
Bannon, however, insists publicly that he has no regrets and will only benefit from a prison sentence, according to ABC.
“I’m a political prisoner… It won’t change me. It will not suppress my voice. My voice will not be suppressed when I’m there,” he told This Week co-anchor Jonathan Karl.
“If it took me going to prison to finally get the House to start to move, to start to delegitimize the illegitimate J6 committee, then, hey, guess what, my going to prison is worth it,” he said.
These days, it’s a race to the bottom to see who can move more slowly to decide important issues related to the former president that are in front of them: Judge Aileen Cannon or the Supreme Court. It is a tense moment in our history, abetted by a slow-moving federal judiciary.
The Supreme Court has yet to decide whether Donald Trump will be cloaked in presidential immunity for his efforts to steal an election he lost. That’s something that seems completely nonsensical when you try to write it out in a sentence. But it has apparently kept the Court, or at least some of the Justices, tied up in knots for months now.
Hugo Lowell at the Guardian reported today that DOJ still holds out a slender hope that, depending on how the Supreme Court decides the case and whether it sends it back to the Court of Appeals or to Judge Chutkan, there could be a very narrow potential trial window in September. The sun, moon, and stars would have to all align for that to happen now. But, it didn’t have to be this way. We are here because this Supreme Court didn’t act expeditiously like the Court did with President Nixon or in Bush v. Gore.
Judge Cannon, too, is allergic to ruling on matters before her when it comes to Donald Trump. Earlier this week, she heard argument from the lawyers on the Special Counsel’s motion to change Trump’s conditions of pre-trial release—the government wants the Judge to prohibit him from continuing to say the FBI was out to assassinate him when they executed the search warrant at Mar-a-Lago. That’s something that even his own lawyer was forced to concede isn’t true in court.
Elizabeth Allan Fraser, Seated Reading with a Cat, by Patrick Allan Fraser
Rather than making a decision (which would be immediately appealed by the losing party to the Eleventh Circuit Court of Appeals), Judge Cannon has ordered another go-round of briefing by the lawyers with a due date on July 5….
Judge Cannon is also going to reconsider the decision made by Judge Beryl Howell, in Washington, D.C., that the government is entitled, because of the crime-fraud exception to the attorney-client privilege, to use notes kept by one of Trump’s attorneys to prove the former president’s intent to obstruct the investigation into his retention of classified material. The hearing before Judge Howell was detailed and Trump was provided with the opportunity to make all of the same arguments he will raise again before Cannon. It’s surprising to see a judge relitigate an issue between the same parties that a court previously decided, but Judge Cannon wrote that because the first decision took place before Trump was indicted, she is entitled to revisit the issue. This issue has been pending for some time and Judge Cannon seems to be in no hurry to rule.
A Judge’s job is, literally, to make decisions. We see precious little of that going on in the Southern District of Florida. Delay. Delay. Delay.
This slow-walking of the cases essential to holding the former president accountable came to a crescendo just as Trump and Biden took to the debate stage in Atlanta. Trump lied shamelessly. With no fact-checking, it sounded a lot like a typical Trump stump speech. For instance, Trump lied and said he was responsible for lowering Insulin prices. That’s a bald-faced lie—it was done by Biden. But it went unchecked. President Biden’s performance was off; his raspy voice sounded like he was coming down with something, and especially early on, he didn’t convey the same State of the Union speech energy people hoped to see tonight.
The U.S. Supreme Court’s decision to give cities broader latitude to punish people for sleeping in public when they have no other options will likely result in municipalities taking more aggressive action to remove encampments, including throwing away more of homeless people’s property, advocates and legal experts said.
In its 6-3 decision on Friday, the conservative majority upheld Grants Pass, Oregon’s ban on camping, finding laws that criminalize sleeping in public spaces do not violate the Eighth Amendment’s protections against cruel and unusual punishment.
Writing for the majority, Justice Neil Gorsuch said that the nation’s policy on homelessness shouldn’t be dictated by federal judges, rather such decisions should be left to state and local leaders. “Homelessness is complex,” Gorsuch wrote. “Its causes are many. So may be the public policy responses required to address it.”
“At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not,” he wrote.
A lower court ruling that prevented cities from criminalizing the conduct of people who are “involuntarily homeless” forced the U.S. Court of Appeals for the 9th Circuit to confront what it means to be homeless with no place to go and what shelter a city must provide, Gorsuch wrote. “Those unavoidable questions have plunged courts and cities across the Ninth Circuit into waves of litigation,” he wrote.
In a dissenting opinion, Justice Sonia Sotomayor wrote that, for some people, sleeping outside is a “biological necessity” and it’s possible to balance issues facing local governments with constitutional principles and the humanity of homeless people. “Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested,” she wrote.
Criminalizing homelessness can “cause a destabilizing cascade of harm,” Sotomayor added. When a person is arrested or separated from their belongings, the items that are frequently destroyed include important documents needed for accessing jobs and housing or items required for work such as uniforms and bicycles, Sotomayor wrote.
Brandi Buchman at Law and Crime: The Trump Docket: SCOTUS hands victory to Jan. 6 rioters, but Trump should hold off on celebrating.
With the Supreme Court handing down its ruling in Fischer v. United States, there are many convicted Jan. 6 rioters who have something to celebrate this weekend — but whether the same can be said for Donald Trump isn’t so clear.
Undoubtedly, the Fischer ruling is a win for Trump politically speaking: Now he can hit the campaign trail and cite the high court’s opinion that federal prosecutors misapplied their efforts when charging some of his supporters.
But no matter what he says — or how he may or may not distort the legally-complex decision itself — there’s still the problem of his own case for alleged crimes connected to Jan. 6. The high court said Friday that its last opinions for the term will be released on Monday and by all expectations, that means that the question of whether Trump has so-called “total immunity” from his Jan. 6 case is imminent.
The way the justices in Fischer linked prosecution of the statute to documents and records, specifically, matters because this is part of what underlies Trump’s prosecution in Washington, D.C.: Prosecutors argue he acted corruptly and arranged a set of shadow electoral slates, using falsified records in seven states, to certify him as the winner. In his original indictment for the Jan. 6 prosecution, Smith wrote that Trump was “attempting to mimic the procedures that the legitimate electors were supposed to follow under the Constitution and other federal and state laws.”
Today, the press and cable TV are mostly focused on tomorrow’s debate and how Biden can deal with Trump’s insanity and incoherence. I don’t find the discussions about this very interesting. I think Biden knows how to bait Trump, and no one really knows what crazy nonsense Trump will unleash. I hope Biden will mock Trump’s fear of sharks and electric boats; his claims that there’s not enough water in shower heads and dishwashers; and his claim that he got his vast knowledge about “nuclear” by osmosis from his uncle the MIT professor. Trump has absolutely no interest or knowledge about policy and Biden can demonstrate that too.
It is concerning that Trump is claiming Biden will be “jacked up” on drugs, because low information voters appear to be incredibly stupid and will likely believe it. Of course, Trump is the one who could be using drugs as a crutch.
Allies of Donald Trump have painted themselves into a cognitive corner. President Biden is unfit for office, they argue, because he is so old, and his mental abilities have deteriorated markedly. But then Biden will, say, deliver a State of the Union address in which he is energetic and pointed for more than an hour.
So they modify their claim: Biden is addled and wandering, except when he is given some sort of medication, perhaps a stimulant, that reverses that effect. And here we are, with Trump and those seeking his reelection to the White House demanding that Biden submit to some sort of drug test before this week’s first presidential debate, purportedly in effort to sniff out this theoretical drug.
Experts who spoke with The Washington Post, though, confirm that no such medicine exists.
At the outset, we should recognize that this claim is generally not offered seriously. It is, instead, an effort to escape the aforementioned contradiction, a way to hold both that Biden is incapable of serving as president and yet, unquestionably at times, not demonstrating any such impairment. What’s more, the demand that Biden undergo a drug test is itself not serious. It is, instead, meant to create a condition that allows Trump and his allies to continue to claim that any strong performance from Biden is a function of medication. The result is win-win for Trump, who can blame any loss on this wonder drug.
The wackos at Fox “News” are busy speculating about what drugs Biden could be using.
Host Maria Bartiromo — no stranger to conspiratorial argumentation — hosted Rep. Eric Burlison (R-Mo.) where she offered an observation made by Rep. Ronny Jackson (R-Tex.).
“Jackson says Biden will have been at Camp David for a full week before the debate,” Bartiromo said, “and that they’re probably experimenting with getting doses right. Giving him medicine ahead of the debate.”
Burlison agreed that this was possible, though he offered that it might be more innocuous than medication. Perhaps, he said, Biden’s team is “jack[ing] him up on Mountain Dew.”
“Nothing like that exists,” Thomas Wisniewski, director of the NYU Langone Alzheimer’s Disease Research Center, told The Washington Post by phone. “There are no medications or stimulants that can reverse a dementing process transiently.”
but quite often that can just exacerbate their confusion, as well,” he added. “They can be more stimulated, but they are not going to be behaving in a more cogent or normal fashion as a result of being stimulated by anything. Very often it’s the reverse.”
Adam Brickman, associate professor of neuropsychology at Columbia University Irving Medical Center, concurred with that assessment.
“I’m not aware of any medications that would reverse or mask cognitive decline,” Brickman said. What’s more, he noted that “the association between energy and cognition is a very weak one. In other words, someone could have low energy but totally intact cognition and vice versa.”
Of course the goal of these drug claims is to prepare the idiots who support Trump for the likelihood that Biden will wipe the floor with Trump during tomorrow’s debate.
Donald Trump has been thinking a lot about cocaine lately, even though drug-running is one of the few felony charges he’s not been indicted or convicted for. He has been routinely accusing President Joe Biden of using drugs, with the usual vivid details Trump injects into all his weird fantasies. “So a little before debate time, he gets a shot in the a—,” Trump told rallygoers in Philadelphia Saturday. “I say he’ll come out all jacked up,” he added, before going off on a diatribe accusing Biden of being the owner of a bag of cocaine found in a White House visitors’ closet last year.
La Lecture, 1877, by Henri Fanton-Latour
Since there’s no flight of Trump’s fancy too bizarre for right-wing media, this obsession of Trump’s is getting echoed by Republican politicians and MAGA talking heads. Fox News hosts, Republican politicians, MAGA media influencers, and every right-wing troll on Twitter have been playing their part as well-trained parrots, repeating the lie. The National Republican Congressional Committee (NRCC) is even putting the lie in paid advertising.
What’s telling about this lie is, as with many MAGA falsehoods, it seems few, if any, of the people repeating it actually believe it. Trump and his allies have accused Biden not just of being a little tired at times, but of having dementia. As Mona Charen pointed out on the “Daily Blast” podcast, if Adderall could restore a demented person’s brain, they’d be mass distributing it to the millions of people who are suffering from this disease. As for the cocaine accusation, even the most naive person in the country knows cocaine makes people less coherent, not sharper. It causes people to ramble on about nonsense, which is closer to describing your average Trump speech, not anything Biden has been up to.
Trump isn’t trying to convince anyone of this lie. He’s convincing them that, by repeating the obvious lie, they can share in what they believe is his mastery over reality itself. The lie is not a thing the MAGA person sincerely believes. It’s a weapon Trump has provided them. When he loses the debate, which they clearly expect he will, the lie gives them a way to participate in the post-debate spin. But it’s also the stupidity of the lie that makes it so fun. Saying something deliberately dumb is a reliable way to drive the liberals mad. Angering liberals is the emotional core of the MAGA base….
As I’ve written about before, this strategy is the oldest technique in the con artist’s book. The best way for a grifter to gain a mark’s trust is to make him feel like he’s in on the con. Cult leaders operate the same way, by creating this sense of intimacy with their victims. Once the mark feels he’s part of the conspiracy, it’s that much easier to victimize him. The mark feels like the predator and not the prey, and so he lets his guard down around the actual villain picking his pocket. Trump does this to his followers over and over again, and they always fall for it. Even the Capitol insurrection is a good example. Trump convinced the rioters that they were his partners in the attempted coup. In reality, they were his patsies, set up to take the fall while he hid away in the White House.
With Trump and Biden now near even in the latest polls, and many Americans unenthused — and still undecided — about voting for either of them, Thursday’s debate offers both candidates an opportunity. But it’s not without risks.
It’s likely to be a memorable night if 2020 is any indication. Here’s a look at what happened last time Trump and Biden took the stage together….
Albert Edelfelt, Portrait of the artist’s sister Bertha Edelfelt, 1881
The first round, in September 2020, was by many accounts a disaster. NPR’s Domenico Montanaro called it “maybe the worst presidential debate in American history.”
Trump arrived on the debate stage trailing in the polls and, apparently, jonesing for drama. He interrupted Biden constantly, peppering him with questions and personal slights despite moderator Chris Wallace’s pleas for order.
At one point, while Biden was talking about his late son Beau’s military service, Trump jumped in to attack his other son, Hunter, for his drug use (which Biden managed to seize as a sympathetic moment).
Biden tried in vain to ignore Trump talking over him throughout — but called the then-president a “clown” more than once. At one point he had clearly had enough.
“Will you shut up, man?” he said exasperatedly, as Trump continued accusing him of wanting to pack the Supreme Court. “This is so unpresidential.”
Trump even bulldozed over Wallace, prompting the then-Fox News anchor to declare, “Mr. President, I am the moderator of this debate and I would like you to let me ask my question and then you can answer.”
A bit more on the first “debate”:
Still, a few substantive moments stood out amidst the chaos and crosstalk.
One was when Wallace asked if Trump was willing to condemn white supremacists and tell them to “stand down.”
Trump blamed the “left-wing” instead, but said he was prepared to do so. At that point, both Wallace and Biden urged him to go ahead. Trump asked for a name, and Biden suggested the Proud Boys.
“Proud Boys, stand back and stand by,” Trump said, in what sounded more like a call to action, and quickly became part of the far-right extremist group’s new social media logo.
Trump also repeatedly made baseless claims about the upcoming election being rigged, saying “This is going to be fraud like you’ve never heard.”
When Wallace asked if he would urge his supporters to stay calm during a potentially prolonged period of counting ballots, Trump demurred. He said instead that he was “urging my supporters to go into the polls and watch very carefully.”
“If it’s a fair election, I am 100% on board,” he said. “But if I see tens of thousands of ballots being manipulated, I can’t go along with that.”
Read the rest at NPR.
The Supreme Court is still releasing decisions. Once again, they have held back the one on Trump’s claim of “presidential immunity.” They announced two decisions today.
The US supreme court has struck down a lower court ruling in the case of Murthy v Missouri, finding that the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. The court’s decision permits the government to call on tech companies to remove falsehoods and establishes boundaries around free speech online.
The court ruled 6-3 that the plaintiffs had no standing to bring the case against the Biden administration, with conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting.
The ruling is a blow to a longstanding Republican-backed effort to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives through demands to take down misinformation about the pandemic.
The US Supreme Court again pared back a public corruption law, this time saying that state and local officials who accept “gratuities” aren’t covered by a federal bribery statute.
The 6-3 ruling by Justice Brett Kavanaugh on Wednesday was the latest in a string of cases cutting the reach of federal corruption laws and prosecutorial discretion to bring charges against government officials.
Woman reading in garden. Ignacio Díaz Olano
In the latest case, Snyder v. United States, the justices said a law which makes it a crime for certain state or local officials to “corruptly” accept anything of value over $5,000 doesn’t reach gratuities paid in recognition of past actions.
The ruling undoes the conviction of former Portage, Indiana, Mayor James Snyder for receiving $13,000 from a trucking company after it was awarded city contracts.
A contrary ruling had the potential to criminalize “commonplace gratuities” like a Dunkin’ Donuts gift card, Chipotle dinner, or tickets to a Hoosiers game, the court said.
The ruling split the justices along ideological lines. Writing for the liberal justices in dissent, Justice Ketanji Brown Jackson said “Snyder’s absurd and atextual reading of the statute is one only today’s Court could love.”
The justices’ concern over prosecutorial overreach could have implications for a number of criminal cases over the Jan. 6 Capitol riot. The justices in Fischer v. United States are considering whether federal prosecutors went too far in charging some defendants with an Enron-era statute prohibiting obstruction of an official proceeding.
Judge Aileen Cannon held another hearing yesterday in her efforts to waste as much time as possible and prevent the stolen documents case from going to trial. Here’s some of what happened:
Nearly two years after the FBI’s search of Mar-a-Lago, former President Donald Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Trump’s attorney, Emil Bove, argued that the search warrant was not detailed enough to survive Fourth Amendment scrutiny.
U.S. District Judge Aileen Cannon pointedly disagreed: “It seems like it is, based on the caselaw that’s been submitted,” she said, minutes before court adjourned.
Though Cannon did not immediately issue a ruling, Trump’s challenge hinges on the “particularity” of the warrant, and her remarks throughout the proceedings left little doubt as to her leanings.
“It’s clearly delineated there to search for documents with classification markings,” she remarked toward the start of the hearing.
In the stolen documents case in Florida, Trump called the special counsel’s motion to stop him from spreading vicious lies about the FBI agents who searched Mar-a-Lago a “naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution.” [….]
In Florida, Special Counsel Jack Smith moved to bar Trump from accusing the FBI agents who executed the search warrant at Mar-a-Lago of trying to assassinate him.
The backstory is that on May 21, Trump claimed to have been “shown Reports” that President Biden “AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE” back in August 2022 when it raided the private club where he was storing stolen government documents.
Sleeping Woman with a Book, by Ferdinand Max Bredt
In fact, the “Report” was boilerplate language from the FBI’s operations order for the warrant, attached as an exhibit to his own motion to suppress the evidence kicked up on that raid. The FBI took great care to execute the warrant at a time when the club was shuttered for the season and there was no prospect that the former president and his family would be there. Nevertheless, Trump and his MAGA henchmen spent several news cycles claiming that President Biden had sent in agents “locked and loaded” ready to shoot him.
Those agents will necessarily be witnesses at the trial (should it ever happen), and yet Trump is falsely accusing them of attempted murder. Two of them were already publicly outed back in 2022 when someone gave the unredacted warrant to Breitbart and a former Trump aide, both of whom published it with the agents’ signatures visible.
After the agents were doxxed, they and their families were threatened and harassed, which influenced Magistrate Judge Bruce Reinhart’s decision to keep under seal parts of the affidavit in support of the warrant.
“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated,” he wrote.
Judge Cannon doesn’t seem to think this is a big deal.
Trump insists that his lies about the FBI are “core political speech” protected by the First Amendment. He also deliberately distorts the “heckler’s veto,” as he has done many times before, claiming that he cannot be silenced to prevent foreseeable, violent acts by his supporters. But as the DC Circuit wrote in its order upholding the gag order in the election interference case, “That doctrine prohibits restraining speech on the grounds that it ‘might offend a hostile mob’ hearing the message.” [….]
The DC Circuit judges noted that the trial judge need not find that the defendant’s statements had led to violent attacks in this case, they could infer the danger from attacks on everyone from Atlanta poll workers, to grand jurors in Fulton County, to the jury foreperson doxxed in the Roger Stone case. Applying the standard set out by the Supreme Court in Gentile v. State Bar of Nevada, the judges blessed the gag order based on a finding that Trump’s attacks on witnesses, jurors, and court staff posed a “substantial likelihood of materially prejudicing” the proceedings.
But that may not matter to Judge Aileen Cannon, who showed marked hostility to this (and every other) prosecutorial motion at a hearing Monday in Fort Pierce, where she waved away the ample record of Trump endangering witnesses and law enforcement, as well as an exhibit showing threats to FBI agents by a man who was killed in an attempted attack on an FBI building in Cincinnati just days after the warrant on Mar-a-Lago was executed.
“There still needs to be a factual connection between A and B,” the judge said, rebuffing Assistant US Attorney David Harbach’s efforts to make the government’s case.
“Mr. Harbach, I don’t appreciate your tone,” she fumed in response to the complaint that she wasn’t letting the government articulate its position, according to Just Security’s Adam Klasfeld, who was in the courtroom. “I expect decorum in this courtroom at all times. If you cannot do that, I’m sure one of your colleagues can take up this motion.” [….]
It seems highly unlikely that Cannon will do anything to curb Trump’s speech, until someone else gets hurt — and, if and when that happens, she will blame the government for failing to properly argue in favor of the gag order.
On Monday night, following Trump’s latest disingenuous contention—that the FBI agents who seized and reviewed the contents of boxes upon boxes of sensitive materials stored at Mar-a-Lago “failed to maintain” the exact order of the documents within, which Trump now claims could somehow exonerate him—government lawyers filed a scathing response letting the air out of Trump’s contentions.
Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).
Far from a neatly ordered system under which Trump, a notorious pack rat, maintained a precise inventory of important documents, Special Prosecutor Jack Smith, along with prosecutors Jay Bratt and David Harbach, noted the “cluttered collection of keepsakes,” which “traveled from one readily accessible location to another” around the Palm Beach, Florida club.
“[T]his is not a case where reams of identically-sized documents were stacked neatly in file folders or redwelds, arrayed perfectly within a box,” the filing states. “To anyone other than Trump, the boxes had no apparent organization whatsoever.”
Trump kept highly guarded secrets in boxes with “personally chosen keepsakes of various sizes and shapes from his presidency—newspapers, thank you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others,” the government’s filing goes on.
“After they landed in stacks in the storage room, several boxes fell and splayed their contents on the floor; and boxes were moved to Trump’s residence on more than one occasion so he could review and pick through them,” the filing continues. “Against this backdrop of the haphazard manner in which Trump chose to maintain his boxes, he now claims that the precise order of the items within the boxes when they left the White House was critical to his defense, and, what’s more, that FBI agents executing the search warrant in August 2022 should have known that.”
Smith, Bratt, and Harbach included a slew of exhibits to back up their position, with numerous previously unseen pictures of Trump’s decidedly chaotic storage methods. One shows assorted wadded-up golf shirts side-by-side with a folder marked “CONFIDENTIAL.” Another shows extremely sensitive defense-related documents carelessly stacked up on the floor beside cases of Diet Coke, a Hermes tie box, and a “Save America” cap, several toppled boxes with papers, binders, and folders spilling out, and a box containing a Christmas pillow and a random length of bubble wrap, beneath which, as national security analyst and writer Marcy Wheeler pointed out, at least one document prosecutors say was related to America’s nuclear weapons program.
In one exhibit, Smith & Co. provide a new photo of a storage closet at Mar-a-Lago where the contents of at least five upturned bankers boxes can be seen spilling out onto the floor. Several suit jackets in plastic dry cleaning bags hang from a rack above them, a Gibson guitar case leans against the wall, and what appears to be a piece of rococo plaster molding teeters atop a cardboard box nearby. According to the indictment, one of the boxes seen here contained a 2019 document marked “SECRET//REL TO USA, FVEY,” which denotes the Five Eyes intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the U.S.
Read more and see photos at the Daily Beast link.
This post is getting really long, so I’m going going to end there. I’ll add a few more links in the comment thread. Have a great day, everyone!!
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