Wednesday Reads: We Are At The Mercy of No-Nothings

Good Day!!

Edvard Munch painted this portrait of his brother at age 12

Edvard Munch painted this portrait of his brother at age 12

We’re living in upside-down world–or something. This morning before reporting for his trial, Trump claimed that people are being “mugged and killed outside” the courthouse. Based on reports from people who have attended the trial, it has been quiet there, with very few protesters from either side. This man is clinically insane. He belongs in a psychiatric hospital. And yet, he is supposedly leading Joe Biden in the 2024 presidential race. 

What is going on in this country? Check out the results of the latest Harris poll. Lauren Aratani at The Guardian: Majority of Americans wrongly believe US is in recession – and most blame Biden.

Nearly three in five Americans wrongly believe the US is in an economic recession, and the majority blame the Biden administration, according to a Harris poll conducted exclusively for the Guardian. The survey found persistent pessimism about the economy as election day draws closer.

The poll highlighted many misconceptions people have about the economy, including:

  • 55% believe the economy is shrinking, and 56% think the US is experiencing a recession, though the broadest measure of the economy, gross domestic product (GDP), has been growing.

  • 49% believe the S&P 500 stock market index is down for the year, though the index went up about 24% in 2023 and is up more than 12% this year.

  • 49% believe that unemployment is at a 50-year high, though the unemployment rate has been under 4%, a near 50-year low. 

Many Americans put the blame on Biden for the state of the economy, with 58% of those polled saying the economy is worsening due to mismanagement from the presidential administration.

The poll underscored people’s complicated emotions around inflation. The vast majority of respondents, 72%, indicated they think inflation is increasing. In reality, the rate of inflation has fallen sharply from its post-Covid peak of 9.1% and has been fluctuating between 3% and 4% a year.

In April, the inflation rate went down from 3.5% to 3.4% – far from inflation’s 40-year peak of 9.1% in June 2022 – triggering a stock market rally that pushed the Dow Jones index to a record high.

A recession is generally defined by a decrease in economic activity, typically measured as gross domestic product (GDP), over two successive quarters, although in the US the National Bureau of Economic Research (NEBR) has the final say. US GDP has been rising over the last few years, barring a brief contraction in 2022, which the NEBR did not deem a recession….

The only recent recession was in 2020, early in the Covid-19 pandemic. Since then, the US economy has grown considerably. Unemployment has also hit historic lows, wages have been going up and consumer spending has been strong.

Edward Hopper, age 9

Painting by Edward Hopper, age 9

And this from Jason Lange at Reuters: Biden’s approval rating falls to lowest level in nearly two years-Reuters/Ipsos poll.

U.S. President Joe Biden’s public approval rating this month fell to its lowest level in almost two years, tying the lowest reading of his presidency in a warning sign for his reelection effort, a Reuters/Ipsos poll showed.

The four-day poll, which closed on Monday, showed just 36% of Americans approve of Biden’s job performance as president, down from 38% in April. It was a return to the lowest approval rating of his presidency, last seen in July 2022. While this month’s drop was within the poll’s 3 percentage point margin of error, it could bode poorly for Biden as he faces off with Republican Donald Trump in the Nov. 5 presidential election.

Biden, a Democrat, has been largely tied with Trump in national polls asking voters how they will vote. But Trump has had slight leads over Biden in many polls in the states seen as most likely to determine the winner in the U.S. Electoral College.

The poll laid out Biden’s weaknesses as well as a few strengths. The state of the economy was seen as the top issue, picked by 23% of respondents as the most important problem facing the country. Some 21% saw political extremism as the top issue and 13% picked immigration.

Some 40% of respondents in the poll said Trump, who was president from 2017 to 2021, had better policies for the U.S. economy, compared to 30% who picked Biden, while the rest said they didn’t know or didn’t answer the question.

Who are these people, and what is wrong with them? Apparently lots of them don’t even follow the news or politics at all. This is from Will Bunch’s email newsletter (I don’t have an on-line link, unfortunately): “The voters Biden is losing don’t read the New York Times. Many don’t read anything.”

The constantly simmering fire on social media about how the mainstream news media covers — or doesn’t cover — President Joe Biden had a 55-gallon barrel of gasoline tossed onto it this weekend. It started on Friday when the Dow Jones Industrial Average closed above 40,000 for the very first time — the latest in an apparent economic winning streak for the 46th president — and it barely garnered a peep in either the New York Times or Washington Post.

Biden’s most online fans were still seething about that slight two days later when some were shocked to see the Post put a U.S. economy story at the top of the Sunday paper, with the headline: “Buying slows as gloom spreads.” So with the lowest unemployment since the 1960s, the record stock market, real growth in wages and in sectors like manufacturing, that’s what the paper went with? Gloom?

Veteran journalist Kevin Drum instantly pulled up a slew of data that contradict the Post’s glum but mostly anecdotal analysis and asked “why does the Post publish a jumble of misleading or outright incorrect economic statistics instead of just looking them up first?” That kind of question — asking why these elite newsrooms or cable news outlets like MSNBC and CNN are quick to play up Biden’s age or stylistic stumbles while ignoring his accomplishments, as he remains in a dead heat with four-times-indicted Donald Trump — epitomizes the deeply held thought that Biden’s struggles are perhaps largely due to the myriad failings of the mainstream media.

Critics are absolutely right to be furious. But at the same time, I don’t think the New York Times is the reason Biden isn’t clobbering an opponent who’s stuck in a Manhattan courtroom facing 34 felony charges. I think his real problem is the millions of Americans who wouldn’t open the New York Times if you dropped it on their lap with a slice of pizza tucked inside.

Michaelangelo, age 13

Painting by Michaelangelo, age 13

There are basically three clumps of voters in America. There are — praise the Lord — millions of diligent, civic-minded Americans who watch debates or read news, somewhere, to better understand the candidates. But there is also a large pool of what I would call the disinformed, who also pursue information but get it from propaganda sites like Fox News that twist reality, or worse. Many of them liked Trump in 2016 and like him even more now.

The group where Biden used to do OK but is now struggling is a third bloc I’d call the uninformed. Either by choice or by the realities of working multiple jobs or going to school or raising kids, millions of Americans get no news other than the snippets that pop up on TikTok or somehow interrupt the football game. These folks don’t know the New York Times, but also no one at the New York Times knows these folks — until their odd views show up in the polls and everyone is shocked.

For all the deserved carping about negative portrayals of Biden and overly positive coverage of Trump in print, a recent NBC News poll found that among the dwindling number of Americans who identify newspapers as their primary news source, the incumbent Democrat is winning by landslide proportions, 70% to 21%. NBC also found Biden leading with the millions who still watch nightly news on the traditional networks. These viewers, like newspaper readers, tend to be older — and, yes, Biden leads among senior citizens. Maybe because they are better informed?

Conversely, I’m sure you’ll be shocked, shocked to learn that when ranked by news consumption, Trump’s biggest lead is with voters who say they don’t follow the news at all. In the NBC poll, one in seven reported they don’t follow politics — and they are supporting Trump by a solid 53-27% margin. This category is also the most likely to pick a third-party candidate like Robert F.Kennedy Jr., or Cornel West, or Jill Stein, and also most likely not to vote at all.

So basically, we’re fucked unless some of these no-nothings figure out that we’re headed for a dictatorship and decide maybe they’d like to keep some of their rights. Unfortunately, some of these no-nothings appear to be Supreme Court justices.

Lisa Needham at Public Notice: Alito’s “defense” of flying the J6 flag is transparent BS.

Everyone is waiting to see what the United States Supreme Court will do with Donald Trump’s outlandish claim he should be given absolute immunity from prosecution for his attempts to overturn the 2020 election. Oral arguments indicated that even the conservative justices have some concerns about that stance, but we’ve now learned that Justice Samuel Alito seems pretty on board with Trump’s coup attempt.

It’s yet another ethics scandal for the Court, and it’s a reminder that the right-wing justices operate in a realm of complete unaccountability. 

Last week, the New York Times broke news that on January 17, 2021 — 11 days after Trump exhorted his supporters to storm the Capitol and three days before President Joe Biden’s inauguration — an upside-down American flag hung outside the Alito home in Alexandria, Virginia. Hanging the flag upside down is literally prohibited by the flag code, save for “as a signal of dire distress in instances of extreme danger to life or property.” There’s a long tradition of upside-down flags being flown by protesters on the left and the right, but by January 17, 2021, it was widely known as a symbol used by “Stop the Steal” supporters. 

How long the upside-down flag hung at the Alito home isn’t clear. The Times reviewed a January 18, 2021, email from a neighbor that said that it had been upside down for a number of days by that point. Several neighbors spoke to the Times about it but requested to remain anonymous, in part because they feared reprisal. Alito made a brief email statement to the Times, and while the statement succeeded in throwing his wife under the bus, it didn’t do much else. Alito said he “had no involvement whatsoever in the flying of the flag” as it was “briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on lawn signs.”

Even if one takes this statement at face value, it falls far short of an explanation. Several days after an attempted insurrection, a Supreme Court justice let his wife hang a well-known symbol of that attempted insurrection because she got into a spat with the neighbors? Even if the lawn signs were “personally insulting” to the Alitos in some way, how is flying an upside-down flag a legitimate response? 

Salvador Dali, age 4 or 6

Painting by Salvador Dali, age 4 or 6

Alito was more expansive with conservative Fox News correspondent Shannon Bream, but even in that friendly atmosphere, he couldn’t come up with a convincing explanation. He told Bream a neighbor had put up a sign that said “Fuck Trump,” and it was 50 feet from a children’s bus stop. Mrs. Alito decided to talk with those neighbors, but according to Alito, the conversation didn’t go well, and then those neighbors put up a sign that attacked his wife and blamed her for January 6.

Then, when the Alitos were taking a neighborhood stroll, Mrs. Alito got into an argument with one of the residents of that property, who called her “the c-word.” After that, she was distraught and decided to make what Fox News characterized euphemistically as “some sort of statement” by hanging the flag upside down. Notably, when the Washington Post spoke with a neighbor who described the content of the offending signs, they said they did not even mention the justice directly.

None of these additional details makes Alito or his wife look any better. The most charitable reading is that after a neighbor accused Mrs. Alito of being an insurrection enthusiast, she reacted by hoisting a symbol of support for insurrection. A Supreme Court justice’s wife is busy acting out the Matt Bors comic where a MAGA type reacts to hearing someone say Trump fans are racist by going full Nazi.

Needham goes on to explain why nothing will be done about this. I recommend reading the whole thing.

More insanity from Trump: 

You probably heard that Judge Aileen Cannon unsealed some more DOJ documents yesterday, and the MAGA crowd discovered that when the FBI executes a search warrant, they are routinely authorized to use force if necessary. Now Trump is claiming that Joe Biden wanted the FBI to assassinate him when they searched Mar-a-Lago. Never mind that Trump was in New Jersey at the time and everyone–including the FBI–knew that.

David Kurtz in TPM’s Morning Memo: Aileen Cannon Gifts Trump Bogus New Fodder For His Disinformation Campaign.

U.S. District Judge Aileen Cannon has screwed up the Mar-a-Lago case in so many ways it defies easy categorization. Her slow rolling of the trial is obviously her single gravest sin. But there’s another layer of malfeasance going on here that came more clearly into view yesterday.

Over the objection of Special Counsel Jack Smith, Cannon ordered the unsealing of previous filings in the case. In some of those filings, it’s becoming apparent, Trump has tucked in information about the case that he wants to seed in the public imagination and use as fodder for his presidential campaign and for fighting the criminal charges outside of court.

Cannon has given him a green light to do so, and the results became apparent yesterday.

In one of the filings, Trump drew attention to the FBI’s deadly force policy, which was in effect during the search of Mar-a-Lago, as it is in every FBI field operation. As soon as the filing was unsealed, right-wing news outlets seized on it and accused Biden of being responsible for gunning for Trump.

Trump himself later in the day amplified these bogus attacks on social media:

Crooked Joe Biden’s DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE. NOW WE KNOW, FOR SURE, THAT JOE BIDEN IS A SERIOUS THREAT TO DEMOCRACY. HE IS MENTALLY UNFIT TO HOLD OFFICE—25TH AMENDMENT!

It became a campaign fundraising email, too:  “BIDEN’S DOJ WAS AUTHORIZED TO SHOOT ME!”

Of course none of this is true. The same deadly force policy that is in effect for every FBI operation was in effect for the Mar-a-Lago search. The FBI doesn’t need special authority to use deadly force; it has standing authority to use deadly force when circumstances warrant it. This is a standard operating policy, and Biden had nothing to do with its promulgation in general or its application in the Mar-a-Lago search in particular.

But you can see the dynamic plainly from what I just had to do to explain this to you: Trump wants to use the criminal justice process to generate more disinformation, Cannon facilitates him doing so with her rulings, right-wing media go apeshit, Trump gooses the reaction some more, and then a day later I come along and try to unpack it all for you, including the underlying falsity, with a put-the-toothpaste-back-in-the-tube futility. The FBI issued an unusual statement in similarly futile fashion.

This is all bad enough, but there’s another even darker layer here: It feeds the right-wing animosity toward federal law enforcement that has already led to two attacks on FBI field offices in the past two years. 

And Trump is fund-raising off of this nonsense. The Washington Post actually deigned to cover this story. The author is Hannah Knowles: Trump email falsely says Biden was ‘locked & loaded’ to ‘take me out’ in Mar-a-Lago search.

Donald Trump on Tuesday falsely claimed in a campaign fundraising email that President Biden was “locked & loaded ready to take me out” during a 2022 search of his Mar-a-Lago estate for classified documents, an extraordinary distortion of a standard FBI policy on the use of deadly force during such operations.

Pablo Picasso, age 8

Painting by Pablo Picasso, age 8

Trump appeared to be referring to a law enforcement document, released Tuesday in court filings in the classified documents case, that describes the FBI’s plans for a court-authorized search on Aug. 8, 2022, at Mar-a-Lago, his Florida residence and private club. FBI agents recovered classified material from Trump’s time in the White House — which the former president is now charged with illegally retaining. One page in the document includes a “policy statement” on the use of deadly force, which says officers may resort to lethal force only when the subject of such force poses an “imminent danger of death or serious physical injury” to an officer or another person.

Trump, the presumptive GOP nominee for president, and some of his allies suggested Tuesday that this was evidence that Biden’s Justice Department was prepared to fatally shoot him. In fact, Trump was not at his Florida property the day of the search. FBI agents specifically sought to avoid a confrontation with Trump, choosing a day when Trump would not be at the property and giving the Secret Service a heads-up, The Washington Post previously reported.

A former president falsely accusing his successor and rival of posing a threat to his life is without precedent in modern U.S. history. The comments marked a sharp escalation of Trump’s baseless attacks on Biden, as the former president faces 88 criminal charges across fo perur indictments in federal and state courts. Trump has frequently accused Biden of weaponizing the legal system against him in coordination with the Justice Department and local prosecutors. There is no evidence of such coordination.

A Tuesday evening fundraising email from the Trump campaign that was signed in the candidate’s name arrived with the subject line, “They were authorized to shoot me!” and said of the Biden administration, “You know they’re just itching to do the unthinkable … Joe Biden was locked & loaded ready to take me out & put my family in danger.”

Trump also wrote Tuesday on his social media site, Truth Social, that “Joe Biden’s DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE.”

The horrifying thing is that at least 30 percent of people probably believe this.

Speaking of Judge Cannon, yesterday, the New York Times ran a guest essay by Brian Greer, a “lawyer in the Central Intelligence Agency’s Office of General Counsel from 2010 to 2018.”: It Is Inexcusable How Judge Cannon Is Delaying the Trump Documents Case.

The task before Judge Aileen Cannon, who is presiding over the classified documents case of Donald Trump, is not easy. She must protect Mr. Trump’s constitutional rights while also ensuring the prompt and fair administration of justice.

Still, it is inexcusable that she is utterly failing to keep the case moving along in a fair but timely manner. And unfortunately, there isn’t much that the special counsel in the case, Jack Smith, can do about it.

While working as an attorney in the C.I.A.’s Office of General Counsel, I developed an expertise in Espionage Act prosecutions similar to the one pending against Mr. Trump, who is accused of illegally taking classified state documents from the White House after he left office and then obstructing the government’s repeated efforts to retrieve them. I know firsthand that cases like this can be quite complicated and lengthy.

Albrecht Dürer, age 13

Self-Portrait by Albrecht Dürer, age 13

But outside of the unique issues raised by Mr. Trump’s status as a former president (for example, immunity and the Presidential Records Act), the prosecution against him is actually not particularly complex. The volume of classified records subject to discovery is not outside the norm, and if the defendant were not Donald Trump, this would be a relatively routine Espionage Act prosecution for unlawful retention of classified records.

With a competent and determined judge, Mr. Trump’s due process rights could have been well protected and the trial could have reasonably been set for this summer. However, this is not the first time Judge Cannon — a Trump appointee — has granted delay after delay, and thanks to a recent scheduling order, it’s now all but certain that the case will not go to trial until after Election Day.

If Mr. Trump wins the election, the case will be effectively over. The Trump Justice Department would almost certainly dismiss the indictment at his behest when the clock strikes noon on Jan. 20, 2025.

Informed voters know all this, of course, but the uniformed people who respond to polls may not even know that Trump stole hundreds of highly classified documents and stored them in a bathroom and on a stage in large hall at his private club.

One way of taking a measure of how Judge Cannon has failed is by looking at the progress of pretrial litigation, which started soon after Mr. Trump was indicted in June 2023. In a criminal trial, the purpose of pretrial litigation is threefold: to ensure the defense gets access to all discoverable material; to resolve “dispositive” motions that could result in dismissal of the case if granted, like Mr. Trump’s presidential immunity assertion; and to determine what the trial will look like. The latter is an especially important task here given that Mr. Trump is charged with illegally mishandling some of our most closely guarded secrets, which could be further compromised depending on how they are used at a public trial.

Measured against these goals, Judge Cannon has made almost no progress over the past 11 months. That is shocking and indefensible.

On the scope of discovery, Judge Cannon has failed to rule on Mr. Trump’s motion — filed four months ago — to compel additional discovery from the government. Under her new schedule, she may not rule on it until July. A ruling granting Mr. Trump’s motion could result in months of additional delays.

The discovery and use of classified information is one of the thornier issues in cases of this nature. Here, too, the judge has made almost no progress, and her inexperience is showing. She has ruled on just one substantive motion with respect to Mr. Trump, which was filed by the government in December and applied to only a sliver of the classified information at issue in the case. Under her new scheduling order, the next phase of litigation involving classified information won’t begin until mid-June. Judge Cannon won’t even begin to address the difficult questions about how classified information will be used and disclosed at trial until August at the earliest, even though Mr. Trump’s team has had access to over 90 percent of the classified discovery since last fall.

On efforts to dismiss the case, in February, Mr. Trump made seven such motions, and so far Judge Cannon has ruled on only two. Some of them are plainly frivolous, but she has insisted on extensive hearings for each one, some of which have not been held yet.

I feel sick just reading this. There’s more at the link.

That’s about all I can take today; I’m going to have to take some deep breaths and do something other than read or watch the news for awhile. Before I go, here are some links to interesting stories:

Alex Patterson at Media Matters: On social media, news outlets give more attention to Kamala Harris using an expletive than Trump’s corrupt promise to oil executives.

Radley Balko at The Watch: Trump’s deportation army.

Ian Ward at Politico: The right’s fascism problem.

Andy Kroll at ProPublica: Scenes From a MAGA Meltdown: Inside the “America First” Movement’s War Over Democracy.

Marc Caputo at The Bulwark: Meet Trump’s ‘Human Printer.’ Her name is Natalie Harp. She’s 32. And she has unbelievable access to the man who might be president again.

The Atlantic: New 9/11 Evidence Points to Deep Saudi Complicity.

NOTE: The art works in this post are from a Twitter thread by James Lucas.

Take care, Sky Dancers!!


Lazy Caturday Reads: Alito Must Recuse or Face Impeachment

Happy Caturday!!

Zhou Wenjiu, Woman with Cat, between the 10th century and the 11th century,

Zhou Wenjiu, Woman with Cat, between the 10th century and the 11th century,

Yesterday, Dakinikat posted in a comment about Justice Samuel Alito’s latest scandal–an upside down American flag flew outside his house for several days after the January 6 insurrection.

The upside down flag was used by MAGA gangsters to represent “stop the steal.” A number of insurrectionists carried it during the attacks on the Capitol.

I’m going to provide more detail and reactions to this story in this post. This is a huge story and I think it shows that Alito and his wife Martha Ann are as bad or worse than Clarence and Ginni Thomas. I hope the Chinese cat art will help you stay calm.

First, the New York Times story from yesterday by Jodi Kantor: At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.

After the 2020 presidential election, as some Trump supporters falsely claimed that President Biden had stolen the office, many of them displayed a startling symbol outside their homes, on their cars and in online posts: an upside-down American flag.

One of the homes flying an inverted flag during that time was the residence of Supreme Court Justice Samuel A. Alito Jr., in Alexandria, Va., according to photographs and interviews with neighbors.

The upside-down flag was aloft on Jan. 17, 2021, the images showed. President Donald J. Trump’s supporters, including some brandishing the same symbol, had rioted at the Capitol a little over a week before. Mr. Biden’s inauguration was three days away. Alarmed neighbors snapped photographs, some of which were recently obtained by The New York Times. Word of the flag filtered back to the court, people who worked there said in interviews.

While the flag was up, the court was still contending with whether to hear a 2020 election case, with Justice Alito on the losing end of that decision. In coming weeks, the justices will rule on two climactic cases involving the storming of the Capitol on Jan. 6, including whether Mr. Trump has immunity for his actions. Their decisions will shape how accountable he can be held for trying to overturn the last presidential election and his chances for re-election in the upcoming one.

Alito reacted to the story by throwing his wife under the bus.

“I had no involvement whatsoever in the flying of the flag,” Justice Alito said in an emailed statement to The Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

Judicial experts said in interviews that the flag was a clear violation of ethics rules, which seek to avoid even the appearance of bias, and could sow doubt about Justice Alito’s impartiality in cases related to the election and the Capitol riot.

The mere impression of political opinion can be a problem, the ethics experts said. “It might be his spouse or someone else living in his home, but he shouldn’t have it in his yard as his message to the world,” said Amanda Frost, a law professor at the University of Virginia.

This is “the equivalent of putting a ‘Stop the Steal’ sign in your yard, which is a problem if you’re deciding election-related cases,” she said.

Interviews show that the justice’s wife, Martha-Ann Alito, had been in a dispute with another family on the block over an anti-Trump sign on their lawn, but given the timing and the starkness of the symbol, neighbors interpreted the inverted flag as a political statement by the couple.

qi baishi, 1864-1957

By Qi Baishi, 1864-1957

Neighbors said that the flag had been flying for several days before the photograph was taken. That’s not a brief time in my book.

The longstanding ethics code for the lower courts, as well as the recent one adopted by the Supreme Court, stresses the need for judges to remain independent and avoid political statements or opinions on matters that could come before them.

“You always want to be proactive about the appearance of impartiality,” Jeremy Fogel, a former federal judge and the director of the Berkeley Judicial Institute, said in an interview. “The best practice would be to make sure that nothing like that is in front of your house.”

The court has also repeatedly warned its own employees against public displays of partisan views, according to guidelines circulated to the staff and reviewed by The Times. Displaying signs or bumper stickers is not permitted, according to the court’s internal rule book and a 2022 memo reiterating the ban on political activity.

Read the rest at the NYT.

Some commentary from John Fritze at CNN: New York Times: Upside-down US flag flew at home of Justice Samuel Alito after 2020 election.

The revelation is almost certain to prompt calls for Alito, a member of the court’s conservative wing, to recuse himself from several high-profile cases pending before the court this year involving the election and subsequent attack on the US Capitol, including the blockbuster question of whether Trump may claim immunity from federal election subversion charges….

“I had no involvement whatsoever in the flying of the flag,” Alito said in an emailed statement to the Times. “It was briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs.”

The upside-down flag became a symbol of the “Stop the Steal” movement in the weeks and months following the election, in which Trump’s supporters falsely claimed that Biden’s win was illegitimate due to widespread fraud. The inverted flag was widely seen during the January 6, 2021, attack on the US Capitol….

The story will heap further scrutiny on the high court at a time when it is already facing considerable blowback. Justice Clarence Thomas has been the subject of significant criticism and calls for recusal in election-related cases after his wife, conservative activist Virginia “Ginni” Thomas, acknowledged she attended Trump’s rally before the Capitol attack and supported White House efforts to discredit the election results.

Xu_Beihong_Cat2, 1952

By Xu Beihong, 1952

Last fall, in response to a series of revelations about travel accepted by Thomas and Alito, the Supreme Court adopted a code of conduct for the first time. That code guides the justices to “refrain from political activity.”

“Two scenarios are plausible and neither one of them is attractive: Either the gesture was trivial pettiness and ought to be beneath the dignity of the court or it is was intended as meaningful symbolism in which case it is a real problem,” said James Sample, a Hofstra Law School professor who has studied judicial ethics.

Combined with the earlier Thomas revelations, Sample said, “The scenarios amplify the need for Congress to impose meaningful ethics enforcement on a court that steadfastly refuses to police itself.”

This is interesting. Yesterday, a number of people posted on Twitter about remarks that Sydney Powell made about the role Alito was expected to play in the efforts to stop Congress from certifying the Electoral College votes on January 6, 2001. 

This article is from Newsweek, September 27, 2021: Sidney Powell Drags Justice Samuel Alito and Supreme Court into January 6 Mess.

Attorney Sidney Powell said the January 6 riot at the Capitol could have caused a delay which would have allowed Supreme Court Justice Samuel Alito time to stop the certification of Joe Biden‘s election victory—but that chance was lost when Nancy Pelosi reconvened Congress to complete the process.

Powell, an attorney who has filed numerous lawsuits in a failed bid to overturn former President Donald Trump‘s 2020 election loss, made the comments during an appearance on the conservative Stew Peters Show on Friday.

She said that as a pro-Trump mob stormed the Capitol that day, her team was seeking an emergency injunction to prevent the certification of Biden’s win.

“We were filing a 12th Amendment constitutional challenge to the process that the Congress was about to use under the Electoral Act provisions that simply don’t jive with the 12th Amendment to the United States Constitution,” she said. “And Justice Alito was our circuit justice for that.”

She added: “Louie Gohmert was the plaintiff in our lawsuit, and we were suing the vice president to follow the 12th Amendment as opposed to the Electoral College Act.”

I’d love to know what Alito would say about this.

More commentary from Dahlia Lithwick and Mark Joseph Stern at Slate: The Smallest Justice Who Ever Lived. Samuel Alito’s explanations for his wife’s upside-down American flag make the story even worse.

We have known for some time now that the current Supreme Court is not comprised of “conservatives” and “liberals,” or even “jurists” and “reactionaries.” It has split into those who care about the future of the court and the country, and those who do not.

Because the group that cares is much larger than the one that doesn’t, its members could have at any time done many things to signal to the latter group —and we can go ahead and name them, Clarence Thomas and Samuel Alito—that accepting lavish, undisclosed gifts and vacations from billionaire donors who have interests before the court was a rolling, public-confidence-and-democracy-threatening disaster. They said nothing, even as this sordid conduct degraded the nation’s highest court, for many of the reasons powerful individuals often say nothing: To protect the institution at large; to preserve the long-tarnished myth of a collegial court; and because, when there is nothing to be done about it anyhow, what’s the point?

In a sense, then, nobody should be all that surprised by Jodi Kantor’s bombshell reporting on Thursday night about the upside-down flag that hung outside the Alitos’ home in suburban Virginia in the days after the Jan. 6 insurrection. The symbol of support for the attempted coup flew during a time when the court was considering cases seeking to set aside the election results. Alito has confirmed that this flag display happened. Multiple neighbors and Supreme Court employees have corroborated the reporting.

Su Hanchen, Children Playing on a Winter Day, 12th century, National Palace Museum, Taipei, Taiwan

Su Hanchen, Children Playing on a Winter Day, 12th century, National Palace Museum, Taipei, Taiwan

We can certainly quibble (and Alito’s defenders surely will) about whether an upside-down flag really represents “Stop the Steal,” as Kantor’s experts affirm, or some other message of peace and goodwill. We can and will debate over Alito’s claim that his wife hoisted the flag because one of the neighbors hurt their feelings (so, #feminism). But the saddest and most arresting part of this endless downward spiral for the seven jurists who should know better, and the two who do not, is not that they don’t care about what they are doing to the court—it’s how pitifully, shabbily small these ride-or-die political battles really are.

Every one of the Supreme Court’s nine justices is well aware of the recusal statute that binds federal judges and the ethics code that, even in 2021, they purported to consult and follow. Even then, before SCOTUS produced its own totally voluntary, never-say-never ethical guidelines in 2023, internal policy and external law required them to refrain from acting like thin-skinned partisan nuts, and to recuse themselves from relevant cases when they failed to adhere to this standard.

This is a low bar to clear. And yet, in statements to the New York Timesand Fox News’ Shannon Bream, Alito implied that he and his wife, Martha-Ann, simply had no choice but to disrespect the stars and stripes by vulgarly violating the U.S. Flag Code because it was necessary to own a liberal neighbor. The justice told Bream that this neighbor put up a “Fuck Trump” sign—where children might see it!—and then another sign “personally” blaming Martha-Ann for Jan. 6. Finally, “a male in the home” called Martha-Ann “the c-word” while she was on a walk with her husband. All this led her to join countless “Stop the Steal” enthusiasts in hanging her American flag upside down.

On Alito’s ridiculous excuse:

None of the Alitos’ explanations so far even attempt to explain why Martha-Ann landed on this gesture, out of all the possibilities, to further upset and provoke her progressive neighbors. Readers are also left to guess at the true origin of the conflict; are we really supposed to think that the neighbors picked this fight unprovoked, and the Alitos are completely blameless? The justice’s defenders are scrambling to muddy the waters with some alternate explanation, but the truth is crystal clear, and unrefuted by the Alitos themselves: That flag was hung upside down to piss off some libs. At best, Martha-Ann Alito was trolling her neighbor by professing a militant belief that Biden stole the election; at worst, she held that belief sincerely.

Let’s be clear that everything these neighbors stand accused of doing is obviously protected speech under the First Amendment. There is no allegation of genuine harassment or true threats; these people just wanted to express displeasure toward a very public figure and his somewhat public wife. And though Alito seems to believe that he and his wife were within their rights to fight back against an irritating neighbor, the staff who work under Alito at SCOTUS would have no such luxury. The Times piece lays out the strictures on court employees that ban political signs and bumper stickers, “partisan political activity,” and even “nonpartisan political activity” that “could reflect adversely on the dignity or impartiality of the court.” [….]

Xu_Beihong_Cat, 1941

Xu Beihong, Cat, 1941

So when Alito throws his wife under the bus—the flag was “briefly placed by Mrs. Alito in response to a neighbor’s use of objectionable and personally insulting language on yard signs”—he’s issuing another justification: He gets to break the rules because she was in a fight with the neighbors. He gets to break the rules because the seat on the plane was otherwise unoccupied. He gets to break the rules because the rules are always trying to trip him up and catch him out.

The justice’s perpetual victimhood mentality, which shines through in his opinions and interviews and myriad grievance-laden speeches, has now literally reached his own front yard. The Alitos are not here fighting some vitally important civic-minded battle about the nature of freedom or democracy. No. This is, as Alito concedes, just payback because of a lawn sign and a bad word. Presumably, fourth-period detention and a note home to the neighbors’ parents were not an option.

Alito should be impeached, along with Thomas.

One more from Marina Villeneuve at Salon: “Out of control”: Legal experts say Justice Alito’s “Stop the Steal” symbol is a huge red flag.

Legal experts are lamenting the lack of an enforceable judicial ethics code, with some calling for Supreme Court Justice Samuel Alito’s recusal, following a New York Times report that a symbol of the “Stop the Steal” movement to reject the 2020 election was flown outside Alito’s home in the wake of the Jan. 6 insurrection at the U.S. Capitol.

Ten leading legal experts told Salon Friday that the conduct — the flying of an upside-down flag, a known symbol of the movement to overturn the results of the 2020 presidential election, at a justice’s home — appears to violate the Supreme Court’s own ethics code, adopted last last year, by creating an appearance of bias.

Those experts said it’s far past time for the nine justices who enjoy lifetime appointments to hold themselves to the highest ethical standards. But, they noted, the Supreme Court has shown itself reluctant to do so.

“The situation is out of control,” Richard Painter, a former White House ethics lawyer under President George W. Bush who worked with Justice Alito on his 2006 Senate confirmation, told Salon. “This is after the insurrection, so it’s really him weighing in, getting involved publicly in a dispute over the insurrection.”

The U.S. Flag Code says the flag should only be displayed upside-down as a “signal of distress in instances of extreme danger to life or property.” Movements including the Tea Party and “Stop the Steal” have used upside-down flags as a symbol of protest and despair….

“I don’t know why we have a Supreme Court justice flying a flag upside down, weighing in on an election, why his wife would be doing that,” Painter, a law professor at the University of Minnesota, said. “His wife is well aware of the impartiality obligations of a federal judge.”

Painter said he was not convinced by Alito attributing the up-side down flag to his wife, particularly when it was flown on their joint property. “When the house is used this way, I’d be shocked that she would do that without talking about it with him first.”

Xu_Beihong_Cat2, 1952

By Xu Beihong, 1952

Alito should recuse himself from January 6-related cases.

Painter, who has called for an inspector general for the Supreme Court, said the Times report also raises “serious questions about whether he can impartially adjudicate any case related to Jan. 6.” He also suggested that special counsel Jack Smith should file a motion for Alito’s recusal in the pending Trump v. United States case, in which the Supreme Court will weigh in on presidential immunity from criminal prosecution….

“A more blatant revelation of bias in a pending case is hard to imagine,” Washington & Lee University School of Law professor Jim Moliterno told Salon. “It was literally waving a banner that said, ‘I favor election-deniers.’”

“Who can possibly think he will decide this case in a neutral manner?” Professor Leslie Levin, a University of Connecticut School of Law professor, told Salon. “Of course, Justice Alito’s political leanings were already well-known. But the flag flying incident indicates he has strong views about the facts underlying this case. His decision seems pre-ordained.”

There’s much more from legal exports at the Salon link.

More stories to check out today:

Time Magazine: Biden Likens MAGA Movement to Segregationists in Speech to NAACP.

NBC News: No more games’: Biden campaign rejects additional debates against Trump.

The New Republic: AOC Reveals Darker Intentions Behind MTG Hearing Chaos.

The Daily Beast: GOP, Dems Round on MTG After Outburst: ‘Her Brand Is Chaos.’

Axios: Rudy Giuliani served Arizona indictment same day as his 80th birthday party.

CNN: John Eastman, former Trump lawyer, pleads not guilty in Arizona election interference case.

AP: Man gets 30 years in prison for attacking ex-Speaker Nancy Pelosi’s husband with a hammer.

Axios: Scoop: U.S., Iran held indirect talks this week on avoiding more attacks.

Have a great weekend, Eveyone!!


Lazy Caturday Reads

Good Afternoon!!

I don’t know if anyone is reading this. I’ve had quite a disturbing day so far. My phone suddenly stopped working and I was unable to make or receive calls. I spent a couple of hours messaging back and forth with tech support, and they finally got things working. Somehow I got thrown off the network and couldn’t get back on. But the guy finally figured it out and I can phone and text again. Fortunately, I got a very kind and patient representative who hung in there with me all that time.

Dakinikat wondered if the problem could have something to do with the solar storm that made the northern lights visible all the way down South. I guess it’s possible. The phone was working yesterday until around 1PM. I didn’t realize there was a problem until later though. Anyway, enough of my boring life. 

Since it’s Caturday, I want to recommend a lovely piece in The Atlantic by Tom Nichols about his much loved cat Carla, who recently passed away: The Cat Who Saved Me. I will never owe another cat the debt that I owe her.

Almost 15 years ago, I was in bad shape. I was divorced, broke, drinking too much, and living in a dated walk-up next to a noisy bar. (It was only minutes from my young daughter, it had a nice view of the bay here in Newport, and I could afford it.) The local veterinary hospital was a few doors down; they always kept one or two adoptable animals in the window. One day, a gorgeous black cat, with a little white tuxedo patch and big gold-green eyes, showed up in a small cage. I stared at her for a while. She stared back patiently.

Tom NIchols with Carla

Tom NIchols with Carla

I wasn’t taking very good care of myself at that moment, so I decided I couldn’t take care of a cat. I walked on. For weeks, the cat sat there. For weeks, we stared at each other. One day, as I was deep in my cups, I took a walk with a friend and co-worker who also happened to be my next-door neighbor. “You look at that damn cat every day,” he said. “Just go in and get it.”

So I did.

The cat was called “RC” and she was a stray, but her preexisting spaying and good health showed that she’d once had a home. Now she was the queen of the animal clinic: Because of her gentle temperament, the staff would let her out of the cage after hours, and she would sit on their desks while they did their paperwork.

I picked her up. She looked at me as if to say: Yeah, I recognize you. You’re the doofus who stared at me for weeks. I signed the papers and took her home. She was fluffy and black-haired, so I decided I would name her after Carla Tortelli from the show Cheers; thus, she became Carla T. Nichols. She explored the apartment quietly for a day or two, and then, one afternoon, I found her on my bed, stretched out on her back, paws up, purring. Yep, she was saying. This will do.

I was still deeply depressed, but every night, Carla would come and flake out over my keyboard as I struggled to work. That’s enough of that,she seemed to say. And then we would go into the living room, where I would sit in a chair and Carla would sit on the armrest. (We’ve now both seen almost every episode of Law & Order.) Slowly, she added routine to my life, but mostly, we had lots of hours of doing nothing—the quiet time that can feel sort of desolate if you’re alone, but like healing if you have the right company.

Soon, I started to see daylight. I met a woman named Lynn. I laid off the booze. I got help of various kinds.

Lynn started to come to the apartment more often, but Carla gave her a full examination before bestowing approval: That cat was not going to let some newcomer waltz in and wreck the careful feline therapy she’d been providing. Finally, Carla climbed on the pillows one morning and curled up around Lynn’s head. Okay, she was saying. Lynn can stay.

That was the beginning of the turnaround. I hope you’ll go read the rest. It’s a wonderful description of what can happen when you welcome a special animal into your life.

A few interesting news stories to check out:

ProPublica: IRS Audit of Trump Could Cost Former President More Than $100 Million.

Former President Donald Trump used a dubious accounting maneuver to claim improper tax breaks from his troubled Chicago tower, according to an IRS inquiry uncovered by ProPublica and The New York Times. Losing a yearslong audit battle over the claim could mean a tax bill of more than $100 million.

The 92-story, glass-sheathed skyscraper along the Chicago River is the tallest and, at least for now, the last major construction project by Trump. Through a combination of cost overruns and the bad luck of opening in the teeth of the Great Recession, it was also a vast money loser.

But when Trump sought to reap tax benefits from his losses, the IRS has argued, he went too far and in effect wrote off the same losses twice.

The first write-off came on Trump’s tax return for 2008. With sales lagging far behind projections, he claimed that his investment in the condo-hotel tower met the tax code definition of “worthless,” because his debt on the project meant he would never see a profit. That move resulted in Trump reporting losses as high as $651 million for the year, ProPublica and the Times found.

Emile Munier, A Small Child reading to a cat

Emile Munier, A small child reading to a cat

There is no indication the IRS challenged that initial claim, though that lack of scrutiny surprised tax experts consulted for this article. But in 2010, Trump and his tax advisers sought to extract further benefits from the Chicago project, executing a maneuver that would draw years of inquiry from the IRS. First, he shifted the company that owned the tower into a new partnership. Because he controlled both companies, it was like moving coins from one pocket to another. Then he used the shift as justification to declare $168 million in additional losses over the next decade.

The issues around Trump’s case were novel enough that, during his presidency, the IRS undertook a high-level legal review before pursuing it. ProPublica and the Times, in consultation with tax experts, calculated that the revision sought by the IRS would create a new tax bill of more than $100 million, plus interest and potential penalties….

The reporting by ProPublica and the Times about the Chicago tower reveals a second component of Trump’s quarrel with the IRS. This account was pieced together from a collection of public documents, including filings from the New York attorney general’s suit against Trump in 2022, a passing reference to the audit in a congressional report that same year and an obscure 2019 IRS memorandum that explored the legitimacy of the accounting maneuver. The memorandum did not identify Trump, but the documents, along with tax records previously obtained by the Times and additional reporting, indicated that the former president was the focus of the inquiry.

Read more at the ProPublica link. There’s also an article at The New York Times: Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows.

More trouble for Trump? Roger Sollenberger at The Daily Beast writes: Trump Campaign Hid Settlements With Women, New Complaint Says.

A sex discrimination lawsuit against Donald Trump’s campaign has triggered new accusations that Trump’s lawyers have intentionally covered up settlement payments to women, in violation of federal law.

On Friday, watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Federal Election Commission, demanding an investigation into the alleged cover-up. The complaint cites new allegations from 2016 Trump campaign aide A.J. Delgado, which she lodged in a sworn court declaration earlier this week as part of her ongoing discrimination suit against Trump’s political operation.

Delgado’s filing presented evidence of top Trump attorney Marc Kasowitz openly admitting that the campaign wanted to use a law firm to cover up a potential settlement payout in 2017. The arrangement, as Delgado described it, appears specifically designed to evade the consequences of federal disclosure laws that require campaigns to publicly report the identities of payment recipients.

“In other words, the payment would be routed through a middleman, to hide the fact that the Campaign had settled, from the public and the FEC,” Delgado stated. “I thus have direct, personal experience with the Defendant-Campaign hiding settlement payments to women, routing them through a ‘middleman law firm,’ which to the public would only appear as payments ‘for legal services.’”

Delgado also claimed to have “information and reason to believe” that other campaign payments have hidden settlements with women “who raised complaints of gender discrimination, pregnancy discrimination, and sexual harassment.” Those payments, she said, are related to the $4.1 million that flowed to Kasowitz’s law firm over a two-month period immediately following the November 2020 election, as well as millions in mysterious legal reimbursements to the campaign’s compliance firm, Red Curve Solutions, which The Daily Beast first reported earlier this month, prompting a federal complaint.

The declaration is particularly significant in that it captures a direct admission of the campaign’s actual intentions behind this middleman arrangement—to keep the existence of a settlement from the public, and, by doing so, from the FEC itself.

More at the Daily Beast link.

Did you hear about Trump promising to cut taxes for oil companies in return for a $1 billion donation to his campaign? Greg Sargent at The New Republic: Trump’s Sleazy $1 Billion Shakedown of Oil Execs Gives Dems an Opening.

A new Washington Post report that Trump made explicit policy promises to a roomful of Big Oil executives—while urging them to raise $1 billion for his campaign—is a powerful story in part because it wrecks what’s left of that mystique. In case you didn’t already know this, it shows yet again that if Trump has employed that aforementioned knowledge of elite corruption and self-dealing to any ends in his public career, it’s chiefly to benefit himself.

James Pelham

James Pelham, little girl reading with her cat

That counter narrative is a story that Democrats have a big opportunity to tell—if they seize on this news effectively. How might they do that?

For starters, the revelations seem to cry out for more scrutiny from Congress. Democratic Senator Sheldon Whitehouse of Rhode Island, who has been presiding over hearings into the oil industry as chair of the Budget Committee, says it’s “highly likely” that the committee will examine the new revelations.

“This is practically an invitation to ask more questions,” Whitehouse told me, describing this as a “natural extension of the investigation already underway.”

There’s plenty to explore. As the Post reports, an oil company executive at the gathering, held at Trump’s Mar-a-Lago resort last month, complained about environmental regulations under the Biden administration. Then this happened:

Trump’s response stunned several of the executives in the room overlooking the ocean: You all are wealthy enough, he said, that you should raise $1 billion to return me to the White House. At the dinner, he vowed to immediately reverse dozens of President Biden’s environmental rules and policies and stop new ones from being enacted, according to people with knowledge of the meeting, who spoke on the condition of anonymity to describe a private conversation.

Giving $1 billion would be a “deal,” Trump said, because of the taxation and regulation they would avoid thanks to him, according to the people.

Obviously industries have long donated to politicians in both parties in hopes of governance that takes their interests into account, and they explicitly lobby for this as well. But in this case, Trump may have made detailed, concrete promises while simultaneously soliciting a precise amount in campaign contributions.

For instance, the Post reports, Trump vowed to scrap Biden’s ban on permits for new liquefied natural gas exports “on the first day.” He also promised to overturn new tailpipe emission limits designed to encourage the transition to electric vehicles, and he dangled more leases for drilling in the Gulf of Mexico, “a priority that several of the executives raised.”

“The phrase that instantly came to mind as I was reading the story was ‘quid pro quo,’” Whitehouse told me. He also pointed to a new Politico report that oil industry officials are drawing up executive orders for Trump to sign as president. “Put those things together and it starts to look mighty damn corrupt,” Whitehouse said.

I mean, it would be a bribe, wouldn’t it?

Clarence Thomas is whining again. The AP via Politico: Thomas says critics are pushing ‘nastiness’ and calls Washington a ‘hideous place.’

FAIRHOPE, Alabama — Supreme Court Justice Clarence Thomas told attendees at a judicial conference Friday that he and his wife have faced “nastiness” and “lies” over the last several years and decried Washington, D.C., as a “hideous place.”

Thomas spoke at a conference attended by judges, attorneys and other court personnel in the 11th Circuit Judicial Conference, which hears federal cases from Alabama, Florida and Georgia. He made the comments pushing back on his critics in response to a question about working in a world that seems meanspirited.

Jan Steen, Children want to teach a cat reading

Jan Steen, Children want to teach a cat reading

“I think there’s challenges to that. We’re in a world and we — certainly my wife and I the last two or three years it’s been — just the nastiness and the lies, it’s just incredible,” Thomas said.

“But you have some choices. You don’t get to prevent people from doing horrible things or saying horrible things. But one you have to understand and accept the fact that they can’t change you unless you permit that,” Thomas said.

Thomas has faced criticisms that he accepted luxury trips from a GOP donor without reporting them. Thomas last year maintained that he didn’t have to report the trips paid for by one of “our dearest friends.” His wife, conservative activist Ginni Thomas has faced criticism for using her Facebook page to amplify unsubstantiated claims of corruption by President Joe Biden, a Democrat.

He did not discuss the content of the criticisms directly, but said that “reckless” people in Washington will “bomb your reputation.”

“They don’t bomb you necessarily, but they bomb your reputation or your good name or your honor. And that’s not a crime. But they can do as much harm that way,” Thomas said.

His reputation is already shot to hell. Why doesn’t he just resign and get out of Washington if he hates it so much?

The New York Times: Will You Accept the Election Results? Republicans Dodge the Question.

Less than six months out from the presidential contest, leading Republicans, including several of Donald J. Trump’s potential running mates, have refused to commit to accepting the results of the election, signaling that the party may again challenge the outcome if its candidate loses.

In a series of recent interviews, Republican officials and candidates have dodged the question, responded with nonanswers or offered clear falsehoods rather than commit to a notion that was once so uncontroversial that it was rarely discussed before an election.

The evasive answers show how the former president’s refusal to concede his defeat after the 2020 election has ruptured a tenet of American democracy — that candidates are bound by the outcome. Mr. Trump’s fellow Republicans are now emulating his hedging well in advance of any voting.

For his part, Mr. Trump has said he will abide by a fair election but has also suggested that he already considers the election unfair. Mr. Trump frequently refers to the federal and state charges he is facing as “election interference.” He has refused to rule out the possibility of another riot from his supporters if he loses again.

“If we don’t win, you know, it depends,” Mr. Trump said last month when asked by Time magazine about the prospect of political violence. “It always depends on the fairness of an election.”

The authors go on to list several prominent Republicans who have refused to say if they will accept the election results. Read the rest at the NYT.

I’m going to end there. I’m really stressed out by my phone issue and a think I need a nap. Take care everyone.


Wednesday Reads

Good Day!!

Master of the blue jeans2

A woman sewing blue denim pants, by “Master of the Blue Jeans.”

I’m going to begin today with a story that has nothing to do with politics or current events–just because I think it’s interesting. Did you know that people wore blue jeans way back in the 16th century? I didn’t. An art exhibit will soon open in Paris that will focus on a mysterious artist, known only as “Master of the Blue Jeans.”

Sonja Anderson at Smithsonian Magazine: When Were Blue Jeans Invented? These Paintings Suggest the Fashion Trend Dates Back to the 1600s.

An exhibition centered on the “Master of the Blue Jeans” is opening in Paris this month—and the work on display is not that of Levi Strauss, founder of the eponymous clothing company, but rather a 17th-century Italian painter.

The upcoming show at Galerie Canesso features two paintings by the mysterious artist, who was active in northern Italy in the 1600s and is known only by his “master” moniker. The painter’s oil canvases depict early iterations of the stiff blue fabric beloved today, as worn by Italian peasants. According to a statement, the pieces have proved to be important artifacts in garment history, “pushing back [blue jeans’] provenance by centuries.”

Speaking with Artnet’s Vittoria Benzine, Maurizio Canesso, an art collector and the gallery’s founder, says, “People are still not very familiar with the true history of blue jeans, as they confuse it with the material made by Levi Strauss.”

In truth, Canesso argues, when the American businessman behind Levi’s jeans started selling denim work pants in the late 1800s, he merely added metal rivets and structure to a fabric that already boasted a storied European past.

“Jeans come from Genoa, while denim comes from the French city of Nîmes,” says Canesso. Blue jeans were made with perpendicular stitches in northwest Italy, while denim was woven in chevron patterns in southern France. But the key component of the fabric’s history is its coloration.

“Until the 11th century, no one could wear blue fabric because they didn’t know how to make blue color adhere,” Canesso says. “Only in the year 1000 did this begin to happen using woad leaves, and at a very high cost. The genius of the Genoese was to find the indigo stone in India and make this an industrial and therefore low-cost process.”

The ten denim-themed paintings attributed to the master were previously thought to be the work of several different artists. But in 2004, curator Gerlinde Gruber reattributed the group of artworks to a single unnamed painter then dubbed the Master of the Blue Jeans. By 2010, Canesso had acquired all of the master’s works, and he presented them in an exhibition at his Paris gallery that same year.

“Unfortunately, we have no new theories about who the Master of the Blue Jeans was,” Véronique Damian, an art historian at Galerie Canesso, tells the Observer’s Vanessa Thorpe. Evidence indicates the artist spent the bulk of his career in Italy’s northern region of Lombardy, though he may trained elsewhere.

I’m including some of the artist’s work in this post, just because.

In the more painful world of politics, Trump had a bad day in New York yesterday, and he got some bad news in India; but he got some gifts from judges in Florida and Georgia.

As I’m sure you’re aware, Stormy Daniels testified in Trump’s hush money case yesterday. 

The Washington Post: Stormy Daniels testifies, Trump curses in an angry day in court.

Stormy Daniels, the adult-film actress at the center of Donald Trump’s hush money trial, testified Tuesday about a disturbing sexual encounter she says she had with him, leading to angry, profane muttering from the former president that alarmed the judge.

New York Supreme Court Justice Juan Merchan called Trump’s lawyer Todd Blanche to a sidebar during a midday break to say that Trump was “cursing audibly” and possibly intimidating Daniels, who had begun testifying, according to a trial transcript.

Beggar-Boy-with-a-Piece-of-Pie

Beggar Boy with a Piece of Pie (wearing a denim jacket)

“I understand that your client is upset at this point,” Merchan said to the defense attorney, according to the transcript, “but he is cursing audibly and he is shaking his head visually and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that.”

Blanche assured the judge he would speak to Trump.

“I am speaking to you here at the bench because I don’t want to embarrass him,” Merchan said. “You need to speak to him. I won’t tolerate that.”

The exchange punctuated a day of rage — sometimes whispered from the defense table, sometimes declared loudly by Daniels from the witness stand.

It was one of several surreal moments on the 13th day of the first criminal trial of a former U.S. president, including descriptions by Daniels of their alleged sexual encounter in 2006 that were so detailed that defense attorneys demanded a mistrial.

While Merchan rejected their request, Daniels at times seemed to be describing nonconsensual sex that could be considered highly prejudicial for the jury, which in turn could give Trump — the presumptive Republican presidential nominee — solid grounds to appeal if he is found guilty.

It sounds like the sex actually was nonconsensual though. Daniels’ description of what happened sounds very much like a date rape situation in which she was taken advantage of by a much older and more powerful man. She was 27. He was 60. He was much taller and stronger. She was invited for dinner, but there was no dinner. When she was ready to leave, she went to the bathroom. When she came back, he was on the bed in boxers. She tried to leave, but he blocked the door. This description is from Harry Litman on Twitter:

thought time to go. when opened the bathroom door, Trump had come in and was on the bed, in boxer shirts and a t-shirt. she was startled. felt like room spun in full motion. blood leaves my hands and feet. “ohmygod — what did I miss to get here?” she laughed nervously

The next thing I knew I was on the bed. opposite side of bed. missionary position. objection – sustained

I blacked out. but I was not drugged in any way, no alcohol. didn’t feel threatened physically “There was an imbalance of power for sure. but I was not threatened verbally or physically”

Had sex with him on the bed. Merchan sustaining objections to details. Staring at ceiling didn’t know how I got there. sustained. stricken touch his skin? objection sustained. he wasn’t wearing a condom. concerning to her but didn’t say anything.

sex was brief. remembers getting dressed. sitting on edge of bed, noticed completely dark outside. hard to get shoes on, hands shaking so hard. DJT: “oh it’s great, let’s get together again honey bunch.” I just wanted to leave. DVD she signed was on nightstand.

DJT: “We have to get together again soon” “we were so fantastic together. talked about the show” I just left as fast as I could. Didn’t express any concern about Melania. or mention her. didn’t have dinner. took cab back to hotel.

I felt ashamed I didn’t stop the sex so I didn’t tell many people about it. Remembered some additional details later. Merchan very stern about level of detail — wants to keep it spare.

It’s pretty clear from Daniels’ description that she was traumatized. I doubt if the judge understands that, but maybe some jurors will. Just because she is a porn actress doesn’t mean she can’t be raped. Her description is also reminiscent of E. Jean Carroll’s experience–Trump lifted her up against the wall and grabbed her genitals before she realized what was happening. It’s also reminisce of his own description in the Access Hollywood tape–how he can grab women “by the pussy. If you’re a star they let you do it.”

Amanda Marcotte at Salon: “He was bigger and blocking the way”: Stormy Daniels takes the stand and reminds people who Trump is.

Daniels matters for reasons outside of the courtroom and the specifics of this hush-money trial. Daniels’ story is yet another reminder of what may prove to be Trump’s electoral downfall: His bottomless misogyny. 

On the witness stand, Daniels reportedly spoke quickly and was apparently quite nervous. Initially, her story of meeting Trump sounded funny. She painted him as a pathetic older man trying — and failing — to impress the younger woman. When he first asked her to dinner, she replied “no,” but with an expletive. Her publicist eventually talked her into it, hoping Daniels could leverage the connection into a spot on “The Apprentice.” In his hotel room, she described him wearing “silk or satin” pajamas and asked him to put on real clothes. He allegedly used the “don’t even sleep in the same room” line when she asked about his wife, Melania, who had recently had a baby. Daniels described Trump as “pompous” and “arrogant.” She recounted how she jokingly spanked him with a magazine, hoping to tease him into being less of a jerk.

Then the tone of her story changed, as she described how they came to have sex. Trump waited until she was in the bathroom, Daniels said, and then he stripped down to boxer shorts and a T-shirt.  “The room spun in slow motion,” she recalled on the witness stand. When she made for the door, “he was bigger and blocking the way,” she said of Trump. She denied it was sexual assault, however, because “I was not threatened either verbally or physically.” [….]

Whether or not Trump’s sexual encounter with Daniels was consensual in the legal sense, she describes it as unwanted.

“I didn’t say anything at all,” she told the court repeatedly. Claiming that she “blacked out” during the encounter, afterward, Daniels said, “my hands were shaking so hard” and “I felt ashamed that I didn’t stop it and that I didn’t say ‘No.'”

Another painting by Master of the blue jeans

Another painting by Master of the Blue Jeans

A person doesn’t have to be threatened in order for sex to be nonconsensual. Back to Marcotte’s piece:

Following Daniels’ testimony on Tuesday, I was struck by how much it has in common with what E. Jean Carroll described in her two recent civil trials, where both juries found that Trump had sexually assaulted her in the 90s. Carroll, too, told of a random encounter with Trump she initially thought to be flirty but not sexual. Like Daniels, Carroll describes teasing Trump, who famously has no sense of humor about himself. In both cases, the women describe Trump becoming aggressive after the light mockery. In Carroll’s case, the judge described what happened after as what “many people commonly understand the word ‘rape.'” Daniels, to be clear, frames her encounter with Trump differently.

Since the release of the “Access Hollywood” video in 2016, in which Trump can be heard bragging about sexual assault, the Beltway media has repeatedly tried to move on from the story of Trump’s legion of issues with women. Indeed, when Carroll’s accusations first came out in 2019, the press barely paid any mind. But the story of his rampant misogyny has never fully gone away. There was the Women’s March that overshadowed his 2017 inauguration. Then the over two dozen women who stepped forward with stories of being subject to the sexual harassment and assault Trump himself described so vividly. Trump, of course, is more responsible than any other person on the planet for the overturn of Roe v. Wade and the stampede of Republican state legislators banning abortion. He promised to stack the Supreme Court with anti-choice justices, and his three appointees provided the votes necessary in Dobbs v. Jackson Women’s Health, which ended the legal right to abortion. While Trump has tried to make moderate-sounding noises on this issue, he keeps inadvertently revealing his anti-choice radicalism. In a recent Time interview, for instance, he indicated that he’s fine if states “monitor women’s pregnancies so they can know if they’ve gotten an abortion.” 

Noah Berlansky at Public Notice: Stormy Daniels details Trump’s sleazy contempt for women.

On the stand, Daniels provided ugly details about how Trump treated her, and about how Trump treats, and views, women. These insights are notable, but they’re not new. In 2016, leaked audio of Trump making grotesque and sexist comments about women to Access Hollywood host Billy Bush almost derailed his presidential campaign. Last year, Trump was held liable for sexual assaulting and then repeatedly defaming advice columnist E. Jean Carroll.

But Daniels’s testimony is a reminder that contempt and mistreatment of women is a core theme of Trump’s life and politics. Both the press and Democratic opponents have struggled to make this issue central to 2024, even though abortion rights and women’s health care are the key issues of the campaign. It’s unclear whether the trial will spark more reporting and discussion of Trump’s treatment of and attitudes about women. But it should….

Daniels’s testimony is intended to establish the background facts of the payment. It also, though, paints Trump as a liar, a bully, and a sexual manipulator. Daniels said while she was in Trump’s hotel room, she went to the bathroom, and when he came out he was in his boxer shorts, a moment Daniels describes as “like a jump scare.” She said, “the room spun in slow motion” and she realized “I’ve put myself in this bad situation.”

Daniels is careful to emphasize that Trump did not physically coerce her. He did, however, according to Daniels, suggest that if she cooperated with him he could help her career through his connections and a possible appearance on the Celebrity Apprentice reality show, where Trump was the star. She eventually agreed to have sex even though Trump did not use a condom — she was adamant about using condoms in her adult film shoots.

Master of the blue jeans3

By Master of the Blue Jeans.

She testified that during sex she stared at the ceiling and tried to think of something else, and afterwards she had trouble dressing because her hands were shaking. She said, “I felt ashamed that I didn’t stop it and that I didn’t say no.”

Daniels kept in touch with Trump for some time because he was still offering her the chance to appear on Celebrity Apprentice, which would have been a huge mainstream boost to her career. She met with Trump once more in Los Angeles, at which point “he kept trying to make sexual advances, putting his hand on my leg, scooting closer.” She rebuffed him, and in a later phone call he admitted he was not going to put her on his television show. At that point she ceased communicating with him.

Again, Daniels has not accused Trump of sexual harassment or violence, and she says their encounter was consensual. Her testimony makes clear, though, that Trump was pressuring her for sex in return for business opportunities — a variation on the ugly tradition of the Hollywood casting couch. We don’t know if Trump ever had any intention of keeping his promises or of helping Daniels. But whether he did or not, his actions as she describes them were sleazy at best, and she found the experience painful and traumatic enough to leave her literally shaking.

The encounter doesn’t sound consensual to me. As I said above, it sounds like date rape.

More Trump legal news, and it’s not good.

Kyle Cheney at Politico: Judge Cannon indefinitely postpones Trump’s classified docs trial.

The judge presiding over Donald Trump’s criminal case in Florida — on charges that he hoarded classified secrets at his Mar-a-Lago estate after his presidency — has indefinitely postponed the trial, once scheduled for May 20.

The date had been widely expected to move amid a tangle of pretrial conflicts between special counsel Jack Smith and Trump’s attorneys. Smith had urged Judge Aileen Cannon to reschedule the trial to begin on July 8, but an order from the judge on Tuesday afternoon suggested that she is unlikely to even decide on a new trial date before late July.

Cannon, a Trump appointee who took the bench in late 2020, indicated in the order that, before setting a new trial date, she intends to resolve the backlog of other issues in the case that have piled up on her plate. Smith’s defenders have criticized Cannon for what they see as a plodding pace in resolving pretrial matters, and tensions between the special counsel and the judge have flared in recent months over a series of puzzling rulings that threatened to derail the case.

“[F]inalization of a trial date at this juncture — before resolution of the myriad and interconnected pre-trial and [classified evidence] issues … would be imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions,” Cannon wrote in the five-page order.

That reshuffling further clouds the picture for Smith, who is also awaiting a Supreme Court ruling on presidential immunity that could determine whether his other case against Trump — charges in Washington D.C. for attempting to subvert the 2020 election — can move forward this year….

Trump has sought to delay all of his criminal cases until after this year’s election. If he wins, he could shut down the two federal cases brought by Smith, and the state cases in New York and Georgia also might have to be frozen.

And from The Atlanta Journal-Constitution: Court of Appeals agrees to consider DA removal in Trump election case.

The Georgia Court of Appeals on Wednesday decided to hear an appeal of a judge’s ruling allowing District Attorney Fani Willis to remain at the helm of Fulton County’s election interference case against former President Donald Trump.

The court’s decision almost certainly means a significant delay of a trial here for Trump and his 14 co-defendants and signals that Willis’ leadership role isn’t guaranteed. It is unclear how long the appeals court will take to decide the issue but they are not known for moving swiftly.

farmers-wearing-jeans-1930s

Farmers wearing jeans, 1930s

“There’s no way this case gets to trial this year,” said Atlanta defense attorney Andrew Fleischman, who is closing following the case. “I would expect the appeals court to issue its opinion some time next year.”

On March 29, Superior Court Judge Scott McAfee issued a “certificate of immediate review,” which allowed the defendants to appeal his ruling to the Georgia Court of Appeals before a trial begins.

Under Appeals Court rules, such a pretrial — or interlocutory — appeal is typically assigned to a three-judge screening panel. And all it takes is for one of those judges to decide whether the court accepts the appeal. The court’s order one-page order did not divulge which judge voted to grant the application.

In his order granting the pre-trial review, McAfee said he will continue working on the case, resolving pending motions, while the appeals court takes up the removal issue.

The bad news for Trump is that he is losing a significant percentage of Republican voters in the primaries, which are still going on. Niki Haley is still getting votes. Adam Wren and Madison Fernandez at Politico: Unexpected warning signs for Trump in busy Indiana primary.

In 2016, Indiana put Donald Trump on the doorstep of the GOP presidential nomination. But eight years later, the state he called “Importantville” delivered his campaign some flashing red warning signs as Nikki Haley cleaned up in the suburbs.

By virtue of its late-in-the-nominating-calendar primary, the Hoosier state has always occupied a unique and occasionally powerful perch to make or break candidacies: Sen. Ted Cruz and then-Ohio Gov. John Kasich dropped out immediately after Trump’s victory that year. But the barn-red state also often acts as a pace car for Republicans nationally.

And in a primary that saw a record-breaking $98 million splash across the state, according to AdImpact, Tuesday was no exception.

A zombie Haley candidacy continued to punch above its weight in the Trumpiest of states: The former South Carolina governor is on track to break 20 percent for the first time since she dropped out of the race two months ago.

Read more at the link.

I don’t know if you’ve been following the reporting about New York Times editor Joe Kahn and his pathetic explanations for why his paper seems to be rooting for another Trump presidency. 

Dan Froomkin at Press Watch: New York Times editor Joe Kahn says defending democracy is a partisan act and he won’t do it.

Joe Kahn, after two years in charge of the New York Times newsroom, has learned nothing.

He had an extraordinary opportunity, upon taking over from Dean Baquet, to right the ship: to recognize that the Times was not warning sufficiently of the threat to democracy presented by a second Trump presidency.

But to Kahn, democracy is a partisan issue and he’s not taking sides. He made that clear in an interview with obsequious former employee Ben Smith, now the editor of Semafor.

Kahn accused those of us asking the Times to do better of wanting it to be a house organ of the Democratic party:

To say that the threats of democracy are so great that the media is going to abandon its central role as a source of impartial information to help people vote — that’s essentially saying that the news media should become a propaganda arm for a single candidate, because we prefer that candidate’s agenda.

But critics like me aren’t asking the Times to abandon its independence. We’re asking the Times to recognize that it isn’t living up to its own standards of truth-telling and independence when it obfuscates the stakes of the 2024 election, covers up for Trump’s derangement, and goes out of its way to make Biden look weak.

1_Marlon_Brando_wearing_jeans_in_The_Wild_One

Marlon Brando wearing jeans in The Wild One

Kahn’s position is, not coincidentally, identical to that of his boss, publisher A.G. Sulzberger, who I recently wrote about in my post, “Why is New York Times campaign coverage so bad? Because that’s what the publisher wants.”

And to the extent that Kahn has changed anything in the Times newsroom since Baquet left, it’s to double down on a form of objectivity that favors the comfortable-white-male perspective and considers anything else little more than hysteria.

Throwing Baquet under the bus, Kahn called the summer of the Black Lives Matter protests “an extreme moment” during which the Times lost its way.

“I think we’ve learned from it. I think we found our footing after that,” he said.

I translate that to mean that the old guard has reasserted total control over the rabble.

Read the rest at Press Watch.

I’ll wrap this up with a couple of creepy stories about Robert Kennedy Jr.

In 2010, Robert F. Kennedy Jr. was experiencing memory loss and mental fogginess so severe that a friend grew concerned he might have a brain tumor. Mr. Kennedy said he consulted several of the country’s top neurologists, many of whom had either treated or spoken to his uncle, Senator Edward M. Kennedy, before his death the previous year of brain cancer.

Several doctors noticed a dark spot on the younger Mr. Kennedy’s brain scans and concluded that he had a tumor, he said in a 2012 deposition reviewed by The New York Times. Mr. Kennedy was immediately scheduled for a procedure at Duke University Medical Center by the same surgeon who had operated on his uncle, he said.

While packing for the trip, he said, he received a call from a doctor at NewYork-Presbyterian Hospital who had a different opinion: Mr. Kennedy, he believed, had a dead parasite in his head.

The doctor believed that the abnormality seen on his scans “was caused by a worm that got into my brain and ate a portion of it and then died,” Mr. Kennedy said in the deposition.

Gross. Maybe that explains some of his weird ideas?

NBC News: RFK Jr.’s new hire who downplayed Jan. 6 appears to have been at the Capitol during the attack.

A right-wing social media influencer hired by Robert F. Kennedy Jr.’s presidential campaign who previously said Jan. 6 was “Democrat misdirection” appears to have himself been on the restricted grounds of the U.S. Capitol during the attack.

Marilyn Monroe

Marilyn Monroe in blue jeans

NBC News first reported that Kennedy’s campaign hired Zach Henry’s firm, Total Virality, for “influencer engagement” in March. Henry had worked as deputy communications director for Republican Vivek Ramaswamy’s presidential campaign, as well as for Blake Masters during his Senate run in Arizona.

Henry, as NBC News reported, had posted that Jan. 6 was “no MAGA insurrection Just more Democrat misdirection” and appears to have embraced conspiracy theories about the Capitol attack, including posting that “antifa” was behind it, which is false.

But photos and videos uncovered by NBC News and online “sedition hunters,” who have aided the FBI in hundreds of cases against Capitol rioters, appear to show Henry among the mob outside the Capitol on Jan. 6, 2021, beyond the previously established police lines, although it is unclear whether any of the barricades and “restricted” signs remained by the time he arrived.

There is no indication that Henry entered the Capitol or that he engaged in assaults on police officers or in destruction of property. Federal prosecutors have almost entirely focused their resources on Jan. 6 participants who either went inside the building or committed violence or destruction outside it, so there is little chance that Henry would be charged; the few nonviolent Jan. 6 defendants who were charged solely for going on restricted Capitol grounds were generally charged with misdemeanors.

But Henry’s presence on Capitol grounds would be significant given his previous social media posts about Jan. 6 and his new position on Kennedy’s campaign as Kennedy runs for president as an independent against former President Donald Trump.

That’s it for me today. What stories have you been following?


Lazy Caturday Reads

Thophile_Alexandre_Steinlen_-_The Sleeping Cat

Thophile_Alexandre_Steinlen, The Sleeping Cat

Happy Caturday!!

As Dakinikat wrote yesterday, the Trump hush money trial had a marquee witness yesterday in Hope Hicks, who was very close to Trump during the his 2016 campaign and his four years as “president.” A couple of reports/reactions:

CNN: Takeaways from Day 11 of the Donald Trump hush money trial as Hope Hicks testifies.

Donald Trump’s former campaign press secretary and White House communications director Hope Hicks took the stand Friday, sitting feet away from her former boss as she described the fallout from the “Access Hollywood” tape and the Trump White House response to stories about hush money payments.

Hicks was visibly nervous, and she mostly avoided eye contact with Trump while answering questions from prosecutors for more than two hours. When prosecutors finished with their questions and Trump’s attorney took the podium, Hicks began crying and appeared to become overwhelmed; she finished her testimony after a brief break.

Through Hicks’ testimony, prosecutors showed jurors the transcript of the infamous “Access Hollywood” tape that upended Trump’s campaign – and, according to the Manhattan District Attorney’s Office, fueled Trump’s concern about keeping Stormy Daniels quiet in the days before the November 2016 election….

After sitting in the witness box, Hicks looked visibly uncomfortable and quickly acknowledged as much when she began answering questions.

“I’m really nervous,” she said, adjusting herself and the microphone in front of her.

Trump often had a scowl on his face, occasionally looking at Hicks and frequently passing notes with his attorneys while watching the proceedings play out on the television above him. Hicks, for her part, looked nearly always at assistant district attorney Matthew Colangelo and the jury, not at the defendant’s table.

Much of Hicks’ testimony focused on her role on the Trump campaign in October 2016, just before Election Day. Prosecutors asked what happened when the “Access Hollywood” tape came out.

“The tape was damaging. This was a crisis,” Hicks said.

tranquility-sleeping-cat-painting-dora-hathazi-mendes

Tranquility, by Dora Hathazi Mendes

The aftermath of the tape then informed how the campaign responded when the Wall Street Journal reported on Karen McDougal’s deal with American Media, Inc. not to speak about an alleged affair as part of a $150,000 agreement

In the report, which also mentioned Daniels, Hicks, then a Trump campaign spokesperson, denied that Trump had had affairs with either woman.

Hicks was asked about her conversations with Trump as well as Michael Cohen when reporters came to her for comment.

“What I told to the Wall Street Journal is what was told to me,” Hicks said of the denial she gave about the Daniels allegations.

When cross-examining Hicks, Trump attorney Emil Bove elicited testimony that Trump was also concerned about what his wife would think. Trump asked for the newspapers not to be delivered to his residence the day the story published, Hicks testified.

“I don’t think he wanted anyone in his family to be hurt or embarrassed by anything that was happening on the campaign trial. He wanted them to be proud of him,” Hicks said.

Read more at CNN.

Marina Villaneuve at Salon: “More credible”: Legal experts say Hope Hicks’ testimony “ties everything more closely to Trump.”

Hicks discussed her key role in meetings and made clear that she “reported to Mr. Trump,” who, she said, closely managed his communications strategy. Multiple news outlets, including The New York Times, reported that Hicks said she was “very concerned” about the “Access Hollywood” tape in which Trump bragged about grabbing women by their genitals. The audio clip was published in October — a month before the election.

 “I was concerned,” Hicks said Friday. “Very concerned. Yeah. I was concerned about the contents of the email, I was concerned about the lack of time to respond, I was concerned that we had a transcript but not a tape. There was a lot at play.”

Trump’s defense, meanwhile, used their cross examination to ask Hicks questions about Cohen’s informal role with the campaign and Trump’s concern about his wife Melania’s reaction to the “Access Hollywood” tape.

“He liked to call himself a fixer, or Mr. Fix-it, and it was only because he first broke it,” Hicks said, according to The Times. Hicks also said of Cohen: “He would try to insert himself at certain moments.” [….]

New York prosecutors have cited text messages, witness testimony, phone calls and other records to allege that Trump schemed to pay off adult film star and director Stormy Daniels, model Karen McDougal as well as a doorman who falsely claimed Trump had an affair with a housekeeper. The scheme allegedly involved a $130,000 payment to Daniels described as “legal expenses” in Trump Organization records. Bragg said the scheme “mischaracterized, for tax purposes, the true nature of the reimbursements” for that payment.

Sleeping cat, by Huang YuziAccording to The Times, prosecutors asked Hicks if Cohen would have paid Daniels without alerting Trump. Hicks said that would have been out of character for Cohen. 

Prosecutors on Friday asked Hicks about an email she wrote saying “Deny, deny, deny” concerning the Washington Post’s email seeking comment about the Access Hollywood tape. She described that reaction as a “reflex.” She also said the campaign was concerned about a Wall Street Journal article about McDougal.

“One of the defining characteristics of Hope Hicks, both in the campaign and in her time in the White House, was that Mr. Trump wanted to have her in the room as often as possible,” Hofstra University constitutional law professor James Sample said. “Hope Hicks is a witness who will heighten the connection between what the jury has already heard and the prosecutors need to establish that part of the reason for these deals was to influence the election.”

Two more Trump-related stories:

Brandi Buchman at Law and Crime: Mark Meadows unmasked in Arizona fake electors indictment, faces 9 felony charges: Report.

Charges have formally been made public against Mark Meadows, the onetime chief of staff to former President Donald Trump, in the expansive fake electors case now underway in Arizona.

Trump is not charged in Arizona but is considered an unindicted co-conspirator.

As Law&Crime recently reported, 18 fake electors in the state were indicted by a grand jury on April 24 for their alleged efforts to overturn the legitimate results of the 2020 election. Though several Republicans were named directly in the fraud and forgery indictment including, among others, leaders of the state’s Republican party and two incumbent state lawmakers, some of those charged had their identities redacted, including Meadows and Trump’s former attorney also facing indictment in Georgia, Rudy Giuliani.

Formal charges have still not been confirmed for Giuliani in Arizona.

The Associated Press reported first on Wednesday that the state’s attorney’s general office confirmed Meadows was being charged with nine felony counts and has been served.

An attorney for Meadows did not immediately respond to a request for comment to Law&Crime on Friday.

Those charged with trying to pass off bogus elector slates in 2020 and named openly when the indictment first went public included Arizona GOP chair Kelli Ward, her husband Michael Ward, Tyler Bowyer, Nancy Cottle, Jacob Hoffman, Anthony Kern, James Lamon, Robert Montgomery, Samuel Moorhead, Lorraine Pellegrino, and Gregory Safsten.

More at the Law and Crime link.

CBS News: Trump Media’s accountant is charged with “massive fraud” by the SEC.

BF Borgers, the independent accounting firm for Trump Media & Technology Group, is facing allegations of “massive fraud” from the Securities and Exchange Commission, which on Friday claimed the auditor ran a “sham audit mill” that put investors at risk. 

Henriette_ronner-knip, cat_nap

Henriette Ronner-Knip, Cat Nap

The SEC said Borgers has been shut down, noting that the company agreed to a permanent suspension from appearing and practicing before the agency as accountants. The suspension is effective immediately. Additionally, BF Borgers agreed to pay a $12 million civil penalty, while owner Benjamin Borgers will pay a $2 million civil penalty.

Neither the SEC statement nor its complaint mentioned Trump Media & Technology Group. Borgers didn’t respond to a request for comment.

In an email, Trump Media said it “looks forward to working with new auditing partners in accordance with today’s SEC order.”

The SEC charged Borgers with “deliberate and systemic failures” in complying with accounting standards in 1,500 SEC filings from January 2021 through June 2023, a period during which Borgers had about 350 clients. Trump Media’s March debut as a public company came after that time period, but the social media company said in its 2023 annual report that it had worked with Borgers prior to going public on the Nasdaq stock exchange.

There could be some progress in the Israel-Hamas cease fire talks, but there are still substantive disagreements. Both Haaretz reports that Hamas has agreed to the current proposal, but only if Israel withdraws from Gaza. Of course Netanyahu won’t agree to that. 

BBC: Israel-Gaza war: Ceasefire talks intensify in Cairo.

Efforts have intensified to secure a deal for a ceasefire in Gaza and the release of hostages, with talks resuming in Cairo on Saturday.

Hamas said its delegation was travelling in a “positive spirit” after studying the latest truce proposal.

“We are determined to secure an agreement in a way that fulfils Palestinians’ demands,” it said.

US Secretary of State Antony Blinken said “taking the ceasefire should be a no-brainer” for the militant group.

Hamas’s negotiators have returned to the Egyptian capital to resume long-running talks – brokered by Egypt and Qatar – that would temporarily pause Israel’s offensive in Gaza in return for freeing hostages.

In a statement released last night, Hamas said it wanted to “mature” the agreement on the table, which suggests there are areas where the two sides still disagree.

The main issue appears to involve whether the ceasefire deal would be permanent or temporary.

Hamas is insisting any deal makes a specific commitment towards an end to the war, but Israel is reluctant to agree while the group remains active in Gaza. It’s thought the wording being discussed involves a 40-day pause in fighting while hostages are released, and the release of a number of Palestinian prisoners being held in Israeli jails.

Israel’s Prime Minister Benjamin Netanyahu has repeatedly insisted there will be a fresh military ground operation in the southern Gazan city of Rafah, even if a deal is agreed. Israeli media reported on Saturday that his position remained unchanged despite the latest round of talks.

But the US – Israel’s biggest diplomatic and military ally – is reluctant to back a new offensive that could cause significant civilian casualties, and has insisted on seeing a plan to protect displaced Palestinians first. An estimated 1.4 million people have taken shelter in Rafah after fleeing the fighting in the northern and central areas of the strip.

I certainly hope so. IMHO, Biden should cut off weapons support to Israel unless they start paying attention to his recommendations.

Jonathan Landay at Reuters: Democratic lawmakers tell Biden evidence shows Israel is restricting Gaza aid.

Scores of lawmakers from U.S. President Joe Biden’s Democratic Party told him on Friday that they believe there is sufficient evidence to show that Israel has violated U.S. law by restricting humanitarian aid flows into war-stricken Gaza.

A letter to Biden signed by 86 House of Representatives Democrats said Israel’s aid restrictions “call into question” its assurances that it was complying with a U.S. Foreign Assistance Act provision requiring recipients of U.S.-funded arms to uphold international humanitarian law and allow free flows of U.S. assistance.

The White Cat, Franz Marc

The White Cat, Franz Marc

Such written assurances were mandated by a national security memorandum that Biden issued in February after Democratic lawmakers began questioning if Israel was upholding international law in its Gaza operations.

The lawmakers said the Israeli government had resisted repeated U.S. requests to open enough sea and land routes for aid to Gaza, and cited reports that it failed to allow in enough food to avert famine, enforced “arbitrary restrictions” on aid and imposed an inspection system that impeded supplies.

“We expect the administration to ensure (Israel’s) compliance with existing law and to take all conceivable steps to prevent further humanitarian catastrophe in Gaza,” the lawmakers wrote.

Biden’s memorandum requires that Secretary of State Antony Blinken report to Congress by Wednesday on whether he finds credible Israel’s assurances that its use of U.S. arms adheres to international law.

At least four State Department bureaus advised Blinken last month that they found Israel’s assurances “neither credible nor reliable.”

The Democratic convention is in Chicago this year, and it’s looking like we could see a repeat of 1968, when Mayor Daley unleashed his storm troopers on Vietnam war protesters as the whole world watched. That ended with Richard Nixon finally getting into the White House. This year the results could be even worse. 

Tyler Pager at The Washington Post: Democrats bracing for massive protests at party’s August convention.

As protests over the Israel-Gaza war sweep college campuses, pro-Palestinian activists are ramping up plans for a major show of force at the Democratic National Convention in Chicago, increasingly worrying Democrats who fear the demonstrations could interfere with or overshadow their efforts to project unity ahead of the November election.

If unruly protests unfold during the four days of the convention on Aug. 19-22 — especially if they feature inflammatory rhetoric, property damage or police intervention — they could strike at the heart of the Democratic message that President Biden represents competent and stable leadership, while presumptive Republican nominee Donald Trump is an agent of chaos and confusion.

William Daley, a native Chicagoan who co-chaired the 1996 Democratic convention in the city and later served as President Barack Obama’s chief of staff, said he has heard more angst in recent days from fellow Democrats about the scenes that might unfold at this year’s party gathering. The convention, with more than 4,500 delegates set to formally nominate Biden for president, will serve as a starting gun for the final sprint to Election Day on Nov. 5.

“This last week has taken the demonstrations to a different level,” Daley said. “It portends that you have the potential for big demonstrations. Whether they get violent — that’s more imaginable today than it was a year ago.”

Still, Daley, who attended the 1968 convention in Chicago with his father, then-Mayor Richard J. Daley, strenuously pushed back against comparisons to that notoriously violent event, saying the country is not facing the same kind of angry, anarchic violence. In 1968, the streets of Chicago were engulfed in riots and bloodshed, prompting the activation of the National Guard, as the convention nominated Hubert H. Humphrey just months after the assassinations of Martin Luther King Jr. and Robert F. Kennedy.

“To analogize what’s going on in the country today with 1968 is ridiculous,” Daley said. “Only people who weren’t alive in ’68 have that idiotic perception.”

He’s right about that, but there are lot of people now who don’t remember 1968. Of course in those days, college students actually had skin in the game–they were in danger of being drafted and sent to Vietnam.

I’ll end with some Abortion rights stories. There is good news and bad news.

The New York Times: Missouri and South Dakota Move Toward Abortion Rights Ballot Questions.

Two more states with near-total abortion bans are poised to have citizen-sponsored measures on the ballot this year that would allow voters to reverse those bans by establishing a right to abortion in their state constitutions.

Sleeping Cat, by Kawanabe Kyosai

Sleeping Cat, by Kawanabe Kyosai

On Friday, a coalition of abortion rights groups in Missouri turned in 380,159 signatures to put the amendment on the ballot, more than double the 172,000 signatures required by law. The Missouri organizers’ announcement followed a petition drive in South Dakota that announced on Wednesday that it, too, had turned in many more signatures than required for a ballot amendment there.

Both groups are hoping to build on the momentum of other states where abortion rights supporters have prevailed in seven out of seven ballot measures in the two years since the United States Supreme Court overturned Roe v. Wade, which had established a constitutional right to abortion for nearly five decades.

Groups in about 10 other states have secured spots on the ballot for abortion rights measures or are collecting signatures to do so. Those include Arizona and Nevada, swing states where Democrats are hoping that voters who are newly energized around abortion rights will help President Biden win re-election.

Politico: With 6-week abortion ban in place, Florida eyes ‘Safe Haven’ expansion.

Florida’s six-week abortion ban officially went into effect this week. But another bill also intended to lower the number of abortions could soon quietly become law as well.

An expansion of Florida’s “Safe Haven” policy — which decriminalizes surrendering unwanted infants, as long as they are given up to specific agencies like hospitals, fire stations and EMS services — faces just one more hurdle to becoming law. It has long been a piece of legislation in the toolbox of anti-abortion supporters who view legal infant surrenders as a way to encourage more women to carry their pregnancies to term.

The bill’s fate still hangs in the balance, because it has yet to be sent to Republican Gov. Ron DeSantis’ desk by legislative leaders. The governor’s office did not respond to a request for comment on the bill, but a sponsor of the bill, state Rep. Mike Beltran, said he doesn’t anticipate a veto.

But unlike many proposals considered alongside outright abortion bans — like “fetal personhood” or funding decisions — the Safe Haven bill in Florida attracted bipartisan support during the legislative session earlier this year. It’s found success with anti-abortion lawmakers supporting it in hopes of further reducing abortions, and with frustrated pro-abortion rights lawmakers who view it as a triage to help a desperate person with no other options.

“This was a way of doing something that was pro-life without making the left agitated,” Beltran, a Republican from Apollo Beach, said in an interview. “It was a good way to find common ground on the life issue when options were more limited.”

State law currently allows for a surrender up to 7 days after the child was born. This bill would more than quadruple the amount of time to 30 days and also authorize 911 responders to arrange an infant drop-off location in case the child’s guardian has no transportation to an agency’s site.

You’d have to be insane or just plain evil to believe that it would be less painful to dump a baby in a box at the fire department than to have an abortion early in a pregnancy. 

The Washington Post: Texas man files legal action to probe ex-partner’s out-of-state abortion.

As soon as Collin Davis found out his ex-partner was planning to travel to Colorado to have an abortion in late February, the Texas man retained a high-powered antiabortion attorney — who court records show immediately issued a legal threat.

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Young Cat Sleeping, by Mabel Wellington Jack

If the woman proceeded with the abortion, even in a state where the procedure remains legal, Davis would seek a full investigation into the circumstances surrounding the abortion and “pursue wrongful-death claims against anyone involved in the killing of his unborn child,” the lawyer wrote in a letter, according to records.

Now, Davis has disclosed his former partner’s abortion to a state district court in Texas, asking for the power to investigate what his lawyer characterizes as potentially illegal activity in a state where almost all abortions are banned.

The previously unreported petition was submitted under an unusual legal mechanism often used in Texas to investigate suspected illegal actions before a lawsuit is filed. The petition claims Davis could sue either under the state’s wrongful-death statute or the novel Texas law known as Senate Bill 8 that allows private citizens to file suit against anyone who “aids or abets” an illegal abortion.

The decision to target an abortion that occurred outside of Texas represents a potential new strategy by antiabortion activists to achieve a goal many in the movement have been working toward since Roe v. Wade was overturned: stopping women from traveling out of state to end their pregnancies. Crossing state lines for abortion care remains legal nationwide.

The case also illustrates the role that men who disapprove of their partners’ decisions could play in surfacing future cases that may violate abortion bans — either by filing their own civil lawsuits or by reporting the abortions to law enforcement.

Sickening.

That’s it for me today. Have a great weekend, Sky Dancers!!