Wednesday Reads: Trump is Out of Business in New York

Good Day!!

Lady_Justice_Eduardo_Rodriguez_Calzado, 2017

Lady Justice, by Eduardo Rodriguez, 2017

All hell broke loose in Donald Trump’s life yesterday afternoon. New York Supreme Court Judge Arthur Engoron cancelled his business licenses in the state and ordered them into receivership. Legal experts call this the “corporate death penalty.”

From long-time Trump expert David Cay Johnston at DC Report: Judge Gives Trump Organization the Corporate Death Penalty.

Donald Trump is no longer in business.

Worse, the self-proclaimed multibillionaire may soon be personally bankrupt as a result, stripped of just about everything because for years he engaged in calculated bank fraud and insurance fraud by inflating the value of his properties, a judge ruled Tuesday.

His gaudy Trump Tower apartment, his golf courses, his Boeing 757 jet and even Mar-a-Lago could all be disposed of by a court-appointed monitor, leaving Trump with not much more than his pensions as a one term president and a television performer.

A New York State judge on Tuesday cancelled all of the business licenses for the Trump Organization and its 500 or so subsidiary  companies and partnerships after finding that Trump used them to, along with his older two sons, commit fraud.

Under the New York General Business Law you can only do business in your own name as a sole proprietor or with a business license, which the state calls a “business certificate.”  All of Trump’s businesses were corporations or partnerships that require business certificates.

The civil fraud case was brought by Letitia James, the elected attorney general of New York State.

The evidence and the issues were so clear cut, Judge Arthur F. Engoron ruled on Tuesday, that there was no reason to waste the court’s time trying them.

In a 35-page decision, Judge Engoron also excoriated Trump and his lawyers for making nonsense arguments, so badly misquoting legal cases that they turned the law upside down, and other legal misconduct.

The judge also sanctioned Trump’s lawyers $7,500 each for repeatedly advancing frivolous arguments. Judge Engoron’s decision can be appealed, but that may not have much chance of succeeding.

I give Trump’s chances of prevailing on appeal at somewhere between zero and nothing except perhaps on some minor procedural point, which you can be sure Trump will describe as complete vindication.

The summary judgement decision Tuesday was partial, however.

A non-jury trial before Judge Engoron next week will determine how much Trump will be fined for his years of bank fraud and insurance fraud.

Barring a highly unlikely reversal by an appeals court, Trump’s business assets eventually will be liquidated since he cannot operate them without a business license. Retired Judge Barbara Jones was appointed to monitor the assets, an arrangement not unlike the court-supervised liquidation of a bankrupt company or the assets of a drug lord.

justice-pierre-subleyras

Justice, by Pierre Subleyras

I thought this piece by Jose Pagliery at The Daily Beast gave the clearest explanation of the details of the case among the many that I read: Trump Basically Just Lost the New York Bank Fraud Case Before It Even Started. I’ll post some of it, but I’d recommend read the whole article if you have the time and interest.

Former President Donald Trump, his top executives, and heirs were declared completely liable of “persistent and repeated fraud”—and the real estate empire was unceremoniously stripped of its business licenses in New York—after a judge’s powerful ruling Tuesday ahead of a massive trial that seeks to hit them with more than $250 million in penalties for bank fraud.

And in a stunning development, the judge has already ordered the complete dissolution of the fabled Trump Organization–the tycoon’s pride and joy, the empire that made him famous and elevated him into the White House. The Trump Organization and its sister companies will be sent into receivership to be under the control of a court-appointed officer.

Even before the trial officially starts, the ruling handed New York Attorney General Letitia James a near total victory, meaning that next week’s trial will mostly focus on damages that could pulverize whatever is left of Trump’s many business entities and bank accounts.

In his 35-page opinion, Justice Arthur F. Engoron tore apart what he called the Trump family’s “bogus arguments” and obstreperous conduct. And he summed up the entire defense as “a fantasy world, not the real world.”

“In defendants’ world: rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land, restricts can evaporate into thin air… all illegal acts are untimely if they stem from one untimely act; and square footage [is] subjective,” he wrote.

Trump, several of his heirs, and top executives will now be fighting off accusations of bank and insurance fraud at a civil trial that’s scheduled to run from early October until late December. AG Letitia James seeks to punish them all for routinely lying about property values to score better deals. At trial, it will be up to Judge Engoron alone whether the Trumps will owe $250 million-plus in penalties, be prohibited from serving as executives, and have the company charters revoked.

Of course, Trump posted an idiotic statement on the decision to Truth Social. It’s reproduced in the article. A bit more on the case itself:

The judge’s ruling represents a significant setback for Trump by revoking his company’s authority to do business in New York, where the Trump Organization is headquartered and where Trump has major real estate interests. It also represents a victory for Attorney General Letitia James (D), who had asked that Engoron simplify the upcoming trial by deciding in advance that fraud was broadly committed so the state would need to prove only specific illegal acts.

On Tuesday, Engoron ripped the Trumps—and their lawyers—apart for dragging this on so long with legal arguments that wasted the courts time by repeatedly questioning whether the AG even had the authority to hold them accountable this way.

Justice by Francisca Vogel

Justice, by Francisca Vogel

Those arguments “glaringly misrepresent” the law and trying them again and again “invoke the time-loop in the film Groundhog Day,’” the judge wrote, calling attempts to topple the case this way “pure sophistry.”

Engoron also made the pivotal decision to keep all of the AG’s lawsuit intact, concluding that all of the real estate deals in question are not too old for law enforcement to crack down on for bank fraud. He brushed off the Trumps’ attempt to whittle down the lawsuit ahead of a trial that could drain the wealthy family’s bank accounts.

The timing of this decision also throws a wrench into the Trumps’ Hail Mary play, in which they sued the judge directly and prematurely asked a state appellate court to intervene because he hadn’t yet made his decision on the statute of limitations—an oddly aggressive move that reeked of delay tactics. That higher court, the appellate division’s First Judicial Department, has yet to weigh in. Doing so now might be a moot point. As such, the trial appears to be set to start next Monday, as planned.

There’s still more from the Judge on Trump’s fraudulent behavior at the link. Pagliery tweeted from the New York courthouse this morning, where Trump’s lawyers were back arguing with the judge this morning. Here’s his latest article:

Jose Pagliery at The Daily Beast: Team Trump Prepares for Doom at New York Bank Fraud Trial.

On the heels of yesterday’s critical court ruling ordering the death of the fabled Trump Organization, lawyers for Donald Trump appeared in court on Wednesday to pick up the pieces and make sense of how this can possibly get any worse for the former president.

Huge sections of the Trump family’s real estate empire are having their business licenses revoked, and the Trumps are losing control of their companies to a court-appointed official. The trial set to start next week threatens to empty their bank accounts too.

Half a day after Justice Arthur F. Engoron’s Tuesday ruling, it’s evident the real estate tycoon and his lawyers still aren’t sure what will happen to Trump’s Monopoly board collection of buildings in Manhattan and elsewhere.

“Certain of the entities own physical assets, like 40 Wall Street and Trump Tower. Are those assets now going to be sold? Or managed under direction of the monitor?” Trump defense lawyer Christopher Kise asked the judge in court.

After privately discussing the matter with his law clerk, the judge declined to make a final decision “right now.” But the judge made clear an independent person will play a role in determining the fate of this multibillion dollar network of companies, giving both investigators and the Trump family extra time to jointly find an outside official who can oversee this while they’re wrested from the family’s control.

Engoron on Tuesday decided that New York Attorney General Letitia James already proved the Trump family routinely lied to banks by wildly inflating property values for years—the first of seven counts in the AG’s lawsuit. Each count alleges a violation of the state’s Executive Law § 63(12), which keeps corporations honest. In court today, Trump’s attorneys asked a question dripping with existential dread.

“What’s the point of the others?” Kise asked the judge. “I don’t know how many 63(12) counts you need. You’ve already granted relief, except for disgorgement.”

Kise was referring to the next punishment the Trumps might face, as state investigators want to seize $250 million-plus in profits that they obtained after faking asset values on business paperwork submitted to banks for loans.

La Justice, by Gee

La Justice, by Gee

This process is going to be fascinating. My guess is it will end up taking a long time before we know the final upshot. But as of now, Trump has been stripped of his identity as a successful businessman. That has to be deeply humiliating for him.

Trump whisperer Maggie Haberman and fellow New York Times reporter wrote about this: Ruling Against Trump Cuts to the Heart of His Identity.

Nearly every aspect of Donald J. Trump’s life and career has been under scrutiny from the justice system over the past several years, leaving him under criminal indictment in four jurisdictions and being held to account in a civil case for what a jury found to be sexual abuse that he committed decades ago.

But a ruling on Tuesday by a New York State judge that Mr. Trump had committed fraud by inflating the value of his real estate holdings went to the heart of the identity that made him a national figure and launched his political career.

By effectively branding him a cheat, the decision in the civil proceeding by Justice Arthur F. Engoron undermined Mr. Trump’s relentlessly promoted narrative of himself as a master of the business world, the persona that he used to enmesh himself in the fabric of popular culture and that eventually gave him the stature and resources to reach the White House.

The ruling was the latest remarkable development to test the resilience of Mr. Trump’s appeal as he seeks to win election again despite the weight of evidence against him in cases spanning his years as a New York developer, his 2016 campaign, his efforts to overturn his 2020 election loss and his handling of national security secrets after leaving office.

The authors note that, so far, none of the cases against Trump have seemingly hurt his campaign to win the presidency again in 2024.

Whether the effect of Justice Engoron’s ruling is any different remains to be seen. But his finding imperils both Mr. Trump’s public image and his business empire. The former president now faces not only the prospect of having to pay $250 million in damages, but he could also lose properties like Trump Tower that are inextricably linked to his brand….

In all of Mr. Trump’s recent legal travails, his typical tactics for self-preservation have largely failed him. When cornered, Mr. Trump has traditionally sought to bluster his way out of trouble, falling back on exaggerations or outright lies to escape.

These methods have served him well in the business and political arenas, where there is often little price to pay for bending the truth and where voters tend not to distinguish between gradations of prevarications. Those methods, though, have been much less effective so far in the courts, which operate according to strict standards of veracity and staid and sober rules.

In straightforward terms, Justice Engoron punctured Mr. Trump’s bubble of protective falsehoods about the way he conducted his business.

More Interesting Stories to Check Out

NBC News: The FBI is probing whether Egyptian intelligence played a role in Bob Menendez’s alleged bribery scheme.

Molly Jong-Fast at Vanity Fair: Let’s Not Sleepwalk Into Another Trump Presidency.

Amanda Marcotte at Salon: President Drink Bleach says what? Trump now claims he beat George W. Bush and Barack Obama.

CNN: Commander Biden bites another Secret Service agent, the 11th known incident.

The New Republic: The Sick, Racist Message Behind Why Trump Chose That Particular Gun Store.

The Hill: FCC chair proposes reinstating Obama-era net neutrality rules.

The Messenger: Trump Adds Two Attorneys to Criminal Defense Team.

The Daily Beast: UAW Leader Has No Desire at All to Talk to Trump in Michigan.

Have a great Wednesday everyone!!


Lazy Caturday Reads

d217a97a096d8949b61f464fbe778183Happy Caturday!!

I have a mix of stories today. Arguably the biggest news is the looming government shutdown caused by far right House Republicans and pathetic “Speaker” Kevin McCarthy. Here’s the latest:

Politico: McCarthy stares into the shutdown abyss.

Speaker Kevin McCarthy has only one way out of next week’s impending government shutdown: working with Democrats. It’s an exit he’s still refusing to take.

During the most tumultuous stretch of his speakership so far, McCarthy hasn’t phoned a single member of the opposing party about a way to keep the lights on.

Instead, the speaker and his team will scramble this weekend to slash their own party’s spending bills in an effort to placate a handful of hard-liners who are threatening to eject him. Votes on some of those revised bills are now expected on Tuesday, four days before the Sept. 30 shutdown deadline. But even if they pass, that will move Congress no closer to a solution.

McCarthy’s central strategy remains the same; he wants to deliver a GOP opening bid to the Democratic Senate, while holding back a rebellion by his right flank — enough to hang on to his speakership after Democrats, by necessity, enter the talks. After his first two attempts at a short-term spending patch fell short, McCarthy is now trying to take up doomed full-year bills.

Some of McCarthy’s own allies fear that effort could prove futile as a shutdown fast approaches. These House Republicans worry that the Californian’s third attempt at a workable strategy, bringing spending measures to the floor next week, might also fail to get the votes they need and further humiliate the party.

“This is not checkers. This is chess. You got to understand that this next move by the House is not going to be the final answer,” Rep. Steve Womack (R-Ark.) said. “Eventually, the Senate will weigh in … and it’s not going to be to our liking, and probably going to be pushed into our face and say: ‘Take it or leave it.’ And then the speaker will have a very difficult decision.”

The situation is getting worse still for McCarthy as he starts running out of room from his Senate allies. A group of conservatives across the Capitol, after days of deferring to the speaker, now want to see a vote on legislation that would automatically impose stopgap spending patches to permanently prevent shutdowns.

Read more at the Politico link.

CNN: Schumer in talks with McConnell as shutdown fears grow: ‘We may now have to go first.’

Senate Majority Leader Chuck Schumer told CNN that his chamber might have to take matters in its own hands and push through a must-pass bill to fund the government amid deep divisions in the House and a looming shutdown by next weekend.

eb099095161d02990bfde0f46eef8e0bFor weeks, Democratic and Republican senators have been watching the House with growing alarm as Speaker Kevin McCarthy has struggled to cobble together the votes to pass a short-term spending bill along party lines – all as he has resisted calls to cut a deal with Democrats to keep the government open until a longer-term deal can be reached. The initial plan: Let McCarthy get the votes to pass a bill first before the Senate changes it and sends it back to the House for a final round of votes and negotiations.

Now with House GOP leaders still struggling to get the votes ahead of the September 30 deadline, Schumer said he would try to cut a deal with Senate Minority Leader Mitch McConnell and send it to the House on the eve of a potential shutdown – all as he signaled he was pushing to include aid to Ukraine as part of the package.

“We may now have to go first … given the House,” Schumer told CNN in an interview in his office, moments before he took procedural steps to allow the Senate to take up a continuing resolution, or CR, as soon as next week. “Leader McConnell and I are talking and we have a great deal of agreement on many parts of this. It’s never easy to get a big bill, a CR bill done, but I am very, very optimistic that McConnell and I can find a way and get a large number of votes both Democratic and Republican in the Senate.”

If Schumer’s assessment is correct, that would leave McCarthy with a choice: Either ignore the Senate’s bill altogether or continue to try to pass his own bill in the narrowly divided House where he can only afford to lose four GOP members on any party-line vote.

More details at the CNN link.

Another big story today is the second indictment of Democratic Senator Bob Menendez. The extent of the corruption by Menendez and his wife is gobsmacking. Menendez managed to wriggle out of the last indictment, but this one many bring him down for good.

NBC News: Bob Menendez’s indictment highlights: Gold bars and wads of cash.

Gold bars worth more than $100,000. A new Mercedes-Benz convertible in the garage. Wads of cash stuffed in the pockets of a jacket with “Bob Menendez” embroidered on the breast.

The signature at the bottom of the federal indictment released Friday charging Sen. Bob Menendez, D-N.J., his wife Nadine, and three alleged accomplices with bribery, belongs to Damian Williams, U.S. attorney for the Southern District of New York.

But the details of what federal agents said they found in June 2022 when they raided the Menendez home in New Jersey, and in their subsequent investigation of the couples’ email and phone accounts, could have been stripped from an episode of “The Sopranos.”

Highlights of the indictment:

Nearly half a million dollars in cash was found stuffed inside envelopes and stashed inside the pockets of clothing hanging in the closets of the Menendez’s home in Englewood Cliffs, including a big roll of bills in a jacket from the Congressional Hispanic Caucus with Menendez’s name on it.

61fc32254bd9682a3a27d291bf28e30bFingerprints belonging to the driver of co-defendant Fred Daibes were found on at least one of the envelopes, as well as his DNA and his return address, prosecutors said. “Thank you,” Nadine Menendez texted Daibes around Jan. 24, 2022, according to the indictment. “Christmas in January.”

Patrice Schiano, a former FBI forensic accountant who is currently a lecturer at the John Jay College of Criminal Justice, said that’s “pretty damning.”

“It doesn’t surprise me that there might be cash hidden in the house because if they took it to the bank that’s going to be reported,” Schiano said. “But that’s going to be hard to defend because any jury is going to be like, ‘That’s a lot of cash in house’.”

Read the rest at the link, if you’re interested.

Politico: ‘This is horrifying’: Top New Jersey Democrats call on Bob Menendez to resign after his second indictment.

New Jersey Gov. Phil Murphy and Democratic leaders on Friday called on Sen. Bob Menendez to resign, hours after federal prosecutors indicted him on bribery charges.

“The allegations in the indictment against Senator Menendez and four other defendants are deeply disturbing. These are serious charges that implicate national security and the integrity of our criminal justice system,” Murphy said in a statement. “The alleged facts are so serious that they compromise the ability of Senator Menendez to effectively represent the people of our state. Therefore, I am calling for his immediate resignation.”

The public statements by Murphy and state political leaders puts intense, possibly undeniable, pressure on New Jersey’s senior senator even after he struck a defiant tone in response to the allegations. Menendez is up for reelection in 2024 and had said before the charges that he would seek another term.

He remained resistant to his fellow Democrats’ calls Friday evening.

“Those who believe in justice believe in innocence until proven guilty. I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades,” Menendez said in a statement. “This is the same record of success these very same leaders have lauded all along. It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat. I am not going anywhere.”

Like this has anything to do with Menendez’s ethnicity. That’s a pretty outrageous claim. Senate Democrats need to put pressure on Menendez to step down so the governor can appoint a Democrat to succeed him.

More interesting news stories:

Politico: Biden to join the picket line in UAW strike.

President Joe Biden will travel to Michigan to join the picket line of auto workers on strike nationwide, he said on Friday afternoon.

b79a529503001200e3a7335b65c1728c“Tuesday, I’ll go to Michigan to join the picket line and stand in solidarity with the men and women of UAW as they fight for a fair share of the value they helped create,” Biden wrote on X, the platform previously known as Twitter.

His decision to stand alongside the striking workers represents perhaps the most significant display of union solidarity ever by a sitting president. Biden’s announcement comes a week after he expressed solidarity with the UAW and said he “understand[s] the workers’ frustration.”

The announcement of his trip was seen as a seismic moment within certain segments of the labor community. “Pretty hard-core,” said one union adviser, who spoke anonymously because they were not authorized to speak publicly.

Biden had earlier attempted to send acting Labor Secretary Julie Su and senior adviser Gene Sperling, who has been the White House’s point person throughout the negotiations, to Detroit to assist with negotiations. However, the administration subsequently stood down following conversations with the union. Press secretary Karine Jean-Pierre said earlier Friday it was a “mutually agreed upon decision.”

Meanwhile, Trump is also headed for Michigan instead of the Republican primary debate, and he claimed he also might show up at the picket line (LOL)

Former President Donald Trump also has plans to visit Michigan next week. Despite backlash from Fain, the leading candidate in the Republican presidential primary will visit current and former workers next Wednesday — the same day his competitors in the field take the debate stage in California. A person familiar with Trump’s plans said that he is “unlikely to go to the picket line” but that such a stop “has not been ruled in or out.”

Trump’s connection to reality continues to deteriorate dramatically. Last night he claimed that General Mark Milley should be executed. Raw Story: ‘The punishment would have been death!’ Trump unloads on retiring general.

Donald Trump on Friday lashed out against a general who said he was forced to keep Trump in check during his presidency.

Trump, who has previously attacked General Milley in connection with other topics, unleashed a rant in which he said Milley’s behavior might warrant death. The ex-president’s attention was probably piqued by a lengthy report that recently detailed how Joint Chiefs Chairman Mark Milley and several other military and intelligence officials had to restrain the former president’s worst impulses throughout his time in office.

On Friday, Trump came out swinging, blaming Milley for lives lost in the Afghanistan withdrawal.

41c15a0f7d5b13d2ae03a4c72189adaf“Mark Milley, who led perhaps the most embarrassing moment in American history with his grossly incompetent implementation of the withdrawal from Afghanistan, costing many lives, leaving behind hundreds of American citizens, and handing over BILLIONS of dollars of the finest military equipment ever made, will be leaving the military next week,” Trump wrote on his Truth Social social media site, created when he was banned from several others. “This will be a time for all citizens of the USA to celebrate!”

Trump continues, calling Milley a “woke train wreck.”

“This guy turned out to be a Woke train wreck who, if the Fake News reporting is correct, was actually dealing with China to give them a heads up on the thinking of the President of the United States,” Trump wrote on Friday. “This is an act so egregious that, in times gone by, the punishment would have been DEATH! A war between China and the United States could have been the result of this treasonous act. To be continued!!!”

Trump should be in a straight jacket in a psychiatric hospital, not running for president.

Here’s another Republican who has apparently taken leave of his senses (or he’s just a racist). The Hill: Ted Cruz claims Democrats could parachute Michelle Obama in as presidential nominee.

Texas Sen. Ted Cruz (R) claimed Democrats could “parachute” Michelle Obama in as a presidential nominee if his theory of President Biden dropping out of the race holds true.

Cruz hosts the “Verdict with Ted Cruz” podcast, where he said Monday that he thinks Biden will leave the 2024 race.

“So here’s the scenario that I think is perhaps the most likely and most dangerous. In August of 2024, the Democrat kingmakers jettison Joe Biden and parachute in Michelle Obama,” he said. “I view this as a very serious danger.”

Cruz said choosing the former first lady as the Democratic nominee would be a decision the party could rally behind. Choosing a Black woman is a choice that would not disrupt the party or “infuriate African American women, which is a critical part of the constituency.”

Cruz said Obama would garner more Democratic support than any other potential replacement for Biden, including Vice President Harris, California Gov. Gavin Newsom, Secretary of Transportation Pete Buttigieg, or Elizabeth Warren.

What a moron.

 On a more serious note, Politico reports: Jack Smith adds war crimes prosecutor — his deputy from the Hague — to special counsel team.

Special counsel Jack Smith has added a veteran war crimes prosecutor — who served as Smith’s deputy during his stint at the Hague — to his team as it prepares to put former President Donald Trump on trial in Washington and Florida.

Alex Whiting worked alongside Smith for three years, helping prosecute crimes against humanity that occurred in Kosovo in the late 1990s. The Yale-educated attorney also worked as a prosecutor with the International Criminal Court from 2010 to 2013. He has taught law classes at Harvard since 2007 as well, hired as an assistant professor by then-Dean Elena Kagan — now a Supreme Court justice — and rising to a visiting professorship in 2013.

3b63b0c9eb981ea8bdc6cea3a7878aacWhiting’s precise role on Smith’s team is unclear. A spokesperson for Smith declined to comment, and Whiting did not immediately return requests for comment. The prosecutors’ office in the Hague and Harvard University also did not respond to requests for comment about Whiting’s current employment status.

But a POLITICO reporter observed Whiting at the U.S. district courthouse in Washington, D.C., on Wednesday and Thursday, spending several hours monitoring the trial of a Jan. 6 defendant. The judge in the case is Tanya Chutkan, who is slated to preside over Trump’s trial in March on federal charges stemming from his efforts to subvert the 2020 election.

During a break in the Jan. 6 trial this week, Whiting introduced himself to prosecutors as a new member of Smith’s team, saying he “just joined” the office.

From 2018 to 2022, Smith served as chief prosecutor in the Kosovo Specialist Chamber in the Hague. Whiting temporarily took over that office last year after Attorney General Merrick Garland appointed Smith as special counsel to lead the Trump investigations. Boston attorney Kim West was appointed to permanently succeed Smith in June but did not assume the role immediately.

Whiting has been a frequent commentator on the previous special counsel to investigate Trump: Robert Mueller, who investigated links between Russia and Trump’s 2016 campaign. Whiting wrote numerous articles and gave interviews assessing the strength of Mueller’s case against Trump, often siding with those who saw extreme legal peril for Trump over his efforts to curb the investigation.

Whiting’s addition to the team shows Smith is gearing up for a new phase of his efforts — preparing for trials that could send a former president to prison for the first time in U.S. history.

Finally, you might want to check out this long read at The New Republic by Ben Jacobs: Are “Never Trump” Republicans Actually Just Democrats Now?

A decade ago, Kristen Daddow-Rodriguez was a loyal Republican. Raised in Michigan, she voted automatically for the GOP in each election, even though she wasn’t wild about every candidate offered up by her party. She considered herself a fiscal conservative and social liberal who happily backed John McCain and Mitt Romney. Now, she is a dedicated Democratic activist in suburban Atlanta.

Daddow-Rodriguez is not exactly an outlier in American politics, although it may sometimes seem that way in this hyperpolarized era. After the 2016 election, there was a vogue in the media to understand how Donald Trump had possibly managed to win the presidency despite scandal after scandal. He received almost three million fewer votes than Hillary Clinton—an early sign of the limits of his electoral might—but because most pollsters and experts had predicted a Clinton win, there was a desperate scramble across the Rust Belt to find the once Democratic voters who had cast a ballot for the Republican. Blue-collar diners from Allentown to Youngstown were swarmed with reporters determined to discern the secret of Donald Trump’s appeal.

9dace97b15bb9d3c8f5994e9c78be7f8In hindsight, that phenomenon may be eclipsed by another one: Republicans deserting their party precisely because of Trump, forming a demographic now familiarly known as “Never Trump Republicans.” Whether it was his xenophobic remarks about immigrants, his crude personal behavior, or his general disdain for the norms of American politics, many white, college-educated voters—long a bedrock of the GOP—cast their ballot either for Hillary Clinton or for a third-party candidate to avoid supporting Trump. The shock of his election kept this initially from being a broad focus in popular culture, but in special election after special election in the coming year, culminating in the 2018 midterms, it was clear there was a lasting revulsion from these Republicans toward the Trump-era GOP. This was reinforced in 2020, when these voters appear to have turned even more heavily against Trump, helping Joe Biden run the table in the most competitive swing states.

This tranche of voters is not huge, but they may be decisive—in 2020, 16 percent of self-identified moderate or liberal Republicans voted for Biden, according to an analysis by Pew, twice the share that did so in 2016. This even as Biden won a narrow electoral college victory by a combined margin of just under 43,000 votes in Arizona, Georgia, and Wisconsin. Bryon Allen, a longtime Republican pollster and partner at WPA Intelligence, noted that, before Trump, Republicans in many suburban counties would get narrow majorities. “Now, without a [GOP Georgia Governor Brian] Kemp or a [GOP Virginia Governor Glenn] Youngkin or somebody who has particular appeal and the right issues … we might get 47 percent or 48 percent” in the same areas….

“I think Donald Trump was the gateway drug that has drawn a lot of otherwise pretty standard Republicans to the Democratic Party over the last eight or nine years,” Zac McCrary, a veteran Democratic pollster, told The New Republic. “And a Never Trump Republican in 2016, two or three cycles later, turns into a pretty conventional Democrat up and down the ballot.”

Again, its a long read; I’ve just posted the introduction.

Yesterday I noticed the comments were working normally; I hope that will continue today. Please share your thoughts on these stories and any post links to any others that interest you.


Lazy Caturday Reads With Trucker Cats

Happy Caturday!!

Percy, the trucker cat, Paul Robertson

Percy the trucker cat, photo by Paul Robertson

Dakinikat turned me on to the world of truck drivers who have cat companions along for the ride. Here’s an article that discusses the phenomenon. CharityPaws.com: Trucker Cats May Be The Coolest Cats!

For what it’s worth, having a pet is hard work.

Love is easy enough to provide while on the road – but food, water, space, and entertainment are all needs too, and sometimes hard to come up with.

In the case of dogs especially, playtime is the hardest need to fill for truckers. After several hour-long walks, a game of tug-of-war, and an afternoon in the sun spent playing fetch, who wouldn’t be tired? But for truckers this can be time consuming and delay important deliveries!

That’s why many truckers have turned to cats as the solution for those lonely road trips. Trucker cats are the coolest cats with their chill laid back personalities and ability to make truckers feel awesome. They also have some great hearing which is why the made it to our list of “what animal has the best hearing” list. Having a companion with good hearing on board can help you find critters that may sneak around while you are sleeping or even alert you to danger!

With most of their time spent on the road in a little truck cab, cats are the perfect companion for truckers– and here’s some of the best reasons why according to one trucker’s resource:

  • Cats are low-maintenance: they eat less than their canine counterparts, take up less room, and don’t need as much playtime.
  • They’re loving and affectionate: cats are just as sweet as any other animal, once they have a chance to warm up to you.
  • They’re obedient, and trainable: cats can do tricks and walk on leashes, with the proper time and training!
  • They’re protective: though not as scary as a dog, cats are perfectly capable of altering truckers if something looks, sounds, or even smells off.

Other reasons topping truckers’ lists include cleanliness, cuteness, and the fact that having a cat in a truck is a pretty good conversation starters. Some even say that having a feline friend is a constant reminder to drive and act safely during the long haul. They are also incredibly loyal as shown by the Room 8 cat – and having that kind of loyalty on the road will make any trucker feel amazing!

Read more at the link above.

Here’s a video about trucker cats, posted on YouTube by Cheezburger.

Long Read: Are Americans Experiencing Collective Trauma?

I want to call your attention to an excellent, but very long read in The New Republic by Anna Marie Cox: We Are Not Just Polarized. We Are Traumatized. Subhead: “The pandemic. The mass shootings. Insurrection. Trump. We’ve been through so much. What if our entire national character is a trauma response?”

This is a very long piece, so I’m just going to give you some samples to help you decide if you want to tackle reading the whole thing.

As of last year, four in 10 Americans knew at least one person who died from Covid. This year, three in 10 Americans say they know someone who has been affected by an opioid addiction, and one in five knows someone who’s died from a painkiller overdose. In 2022, more than three million adults were displaced by some form of natural disaster—that’s more than three times as many displaced per year between 2008 and 2021. Last year, some cities saw a 50 percent increase in evictions over pre-pandemic levels. One in five knows someone who’s died due to gun violence; one in six has witnessed a shooting; 21 percent have been personally threatened by a gun. Half of Americans know someone personally who has experienced at least one of those events.

After Trump’s “grab her by” tape became public, calls to the national sexual assault hotline jumped up by 35 percent (as Michelle Goldberg observed, Trump was a walking trigger for assault survivors). During the Brett Kavanaugh hearings, calls to the sexual assault hotline spiked 201 percent. Lockdown—the first two months of the pandemic—saw a rise in intimate partner violence of 101 percent, with the rate stabilizing at an increase of about 8 percent from pre-pandemic numbers as of 2022.

trucker-cat-percy, image credit Paul Robertson

Another photo of Trucker cat Percy, by Paul Robertson

And then there are the frontline workers and “essential personnel,” those who risked their lives for our safety and comfort during the spring of 2020. I assume that we agree health professionals faced trauma (and may well still). There are 22 million of them in the United States, and after the pandemic, 55 percent reported experiencing burnout, and three in 10 said they were now considering leaving the profession. The 55 million essential personnel who worked through the worst days of Covid suffered a similar toll: A year into the pandemic, the American Psychiatric Association found that 34 percent of essential workers had been treated by a mental health professional, 80 percent had trouble over- or under-sleeping, and 39 percent said they were drinking more alcohol than they had before….

These are traumas at the individual level in numbers so large that they demand national attention because there are national consequences—think of the nationwide therapist shortage and “the Great Resignation.”

So, what if the reason so many people identify as trauma survivors is that they are? What if the horrors of the last seven years do translate into a nation that is suffering more than mere political dysfunction? What if the polarization, paranoia, conspiracism, and hopelessness that bog us down have a more holistic origin than structural malfunctions or individual malfeasance?

What if our entire national character is a trauma response?

Before you say “bullshit,” remember: Cynicism is a trauma response.

Next Cox explores expert opinions about the concept of “collective trauma.”

The origin of the academic study of “collective trauma” has been credited to Kai Erikson’s 1977 bookEverything in Its Path, an account of the aftermath of the Buffalo Creek flood in Logan County, West Virginia, five years prior, which killed 125 people and destroyed 550 homes in a small mining community. In the book, Erikson writes of grappling with “thousands of pages of transcript material, whole packing boxes full of it,” that confounded him “not because the material is contradictory or difficult to interpret but because it is so bleakly alike.” He found respondents echoing one another to a frustrating degree, so much so that “a researcher is very apt to conclude after rummaging through these data that there is really not very much to say.” Eventually, however, he came to believe that the uniformity itself was meaningful; the damage done at Buffalo Creek was something more than a mere collection of individual harms.

Collective trauma, he wrote, means “a blow to the basic tissues of social life that damages the bonds attaching people together and impairs the prevailing sense of communality.” Collective trauma happens in slow motion, “A form of shock all the same…. ‘I’ continue to exist, though damaged and maybe even permanently changed. ‘You’ continue to exist, though distant and hard to relate to. But ‘we’ no longer exist as a connected pair or as linked cells in a larger communal body.”

Abdirahman Abdul and Aisha

Trucker Abdirahman Abdul and Aisha

In other words, the defining characteristic of collective trauma—and what makes it almost impossible to self-diagnose—is that people who have been through it no longer believe in the integrity of their community. How does anyone see themselves as a traumatized collective if no one feels that they belong?

So, pull back to the macro level. For a moment, put aside your or anyone else’s individual experience. Think of the country itself as a patient.

In the past seven years, the country has sustained significant, repeated damage to its institutions. The courts, elections, law enforcement, and so on are its vital organs. Trump has been punching America in the kidneys since he first floated the idea of a “rigged election.” January 6 was a heart attack. The musculature that is the justice system, well, it was always spasmodic. The murders of George Floyd, Breonna Taylor, and Ahmaud Arbery shocked many white people into awareness of our already dysfunctional law enforcement apparatus, and then the Dobbs decision drove home how easily the rights that support us can be yanked away. Were we ever really as strong as we thought?

The country was already weakened by Trumpism when the pandemic attacked our nervous systems more than figuratively. It cut away at the millions of tiny threads that knit up our towns and cities. Think of the loose social ties that grow from just seeing the same people at the grocery store (or the office) every day—think of the mail. Our national proprioception—our awareness of where our parts are in relation to one another—deteriorated. Our creaky supply chain is another symptom of this disconnect. So is “you’re on mute.”

I won’t quote any more, but these excerpts are just from the introductory part of the article. Cox later demonstrates with examples how the notion of trauma can apply to our collective experience as a nation. There is so much in the piece, that I wonder if Cox is planning to turn it into a book.

I’m not sure how the MAGA world fits into this hypothesis, but after my reading about the traumas of Appalachia–from poverty, drugs, unemployment, and breakdown of families (see my Wednesday post), I wonder if an argument could be made that the attraction to Trump as powerful father figure could also have arisen out of trauma. At any rate, I highly recommend this article.

Other Stories to Check Out

NBC News: Special counsel asks for ‘narrow’ gag order for Trump in election interference case.

Citing threats against individuals former President Donald Trump has targeted, special counsel Jack Smith has asked a federal judge for a narrowly tailored gag order that restricts the 2024 presidential candidate from making certain extrajudicial statements about the election interference case brought against him.

A redacted copy of a government filing — released Friday, after an order from U.S. District Judge Tanya Chutkan — comes in connection with the election interference case, one of four criminal cases the former president is facing, two of which are federal.

“The defendant has an established practice of issuing inflammatory public statements targeted at individuals or institutions that present an obstacle or challenge to him,” the special counsel’s office wrote.

Whispur and DanDan, photo by Whispurer on Reddit

Whispur and DanDan, photo by Whispurer on Reddit

The government said Trump “made clear his intent to issue public attacks related to this case when, the day after his arraignment, he posted a threatening message on Truth Social.”

Trump’s Aug. 4 post read: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

Trump, the office wrote, “has made good on his threat,” spreading “disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses.

“Like his previous public disinformation campaign regarding the 2020 presidential election, the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution—the judicial system—and to undermine confidence in and intimidate individuals—the Court, the jury pool, witnesses, and prosecutors,” the prosecutors wrote.

Naturally, Trump responded publicly to the filing:

At an event in Washington, Trump made his first public remarks on the filing by attacking Smith, arguing that the special counsel “wants to take away my rights under the First Amendment, wants to take away my right of speaking freely and openly.”

Steven Cheung, a spokesperson for the Trump campaign, responded earlier Friday by calling the filing “nothing more than blatant election interference because President Trump is by far the leading candidate in this race.”

Alan Feuer and Charlie Savage at The New York Times: Special Counsel Obtained 32 Private Messages From Trump’s Twitter Account.

The federal prosecutors who charged former President Donald J. Trump with a criminal conspiracy over his attempts to overturn the 2020 election obtained 32 private messages from his Twitter account through a search warrant this winter as part of their investigation, court papers unsealed on Friday said.

Questions have lingered about what prosecutors were looking for in Mr. Trump’s Twitter account ever since it was revealed last month that the government had served the warrant on Twitter in January. In an earlier release of documents, prosecutors disclosed that they had obtained some private messages from Mr. Trump’s account but not how many.

The 32 messages, whose content has not been disclosed, were only a small fraction of the larger body of data that Twitter was forced to turn over under the terms of the warrant, the new court papers said. Much of the legal wrangling over the matter focused on the Justice Department’s demand that Twitter, purchased last year by Elon Musk and now known as X, not inform Mr. Trump of the search warrant.

Mr. Trump’s posts on the platform in the chaotic months after the election were mentioned several times in the indictment that the special counsel, Jack Smith, filed against him in Washington last month. What remains unclear is whether Mr. Smith’s team sought the warrant for Mr. Trump’s account merely to confirm that he had posted the messages that appeared in public, or whether they suspected that some private data in the account might also be important.

What were investigators looking for in the private messages?

The newly unsealed documents — an exhaustive record of the legal fight between Twitter and the Justice Department over whether to hide the execution of the warrant from Mr. Trump — added a few new details about what the government may have been seeking.

Waylon-the-Trucker-Cat, by owner Nick

Waylon the Trucker Cat, photo by owner Nick

For example, the materials showed that prosecutors wanted to learn if there were other accounts that Mr. Trump had been logging into from the same internet address he used for his Twitter account, which during his presidency was a main channel for his public statements. But it was not clear whether looking for other accounts was merely a routine step or whether investigators had a specific reason to be asking.

The new materials — unsealed at the request of a coalition of news media organizations, including The New York Times — opened a broader window into the back and forth between the special counsel’s office and Twitter. The dispute touched on how to balance the government’s need to protect a sensitive investigation with the social media company’s desire to be transparent with its most famous user.

The documents were particularly sharp in describing Mr. Trump’s repeated attempts to obstruct federal inquiries — an argument that prosecutors used in securing permission from a judge in Washington not to tell the former president for months that they had obtained the warrant for his account.

In detailing Mr. Trump’s “pattern of obstructive conduct,” the new papers cited his attempts to interfere with the special counsel’s other inquiry — one in which the former president stands accused of illegally holding on to dozens of classified documents after leaving office.

Read more at the NYT.

ABC News: Hunter Biden’s lawyer says gun statute unconstitutional, case will be dismissed.

The attorney for President Joe Biden’s son Hunter Biden, who is facing felony gun charges, said Friday that the statute is “likely unconstitutional” and he expects “the case will be dismissed before trial.”

“On the facts, we think we’ll have a defense,” Abbe Lowell told ABC News’ George Stephanopoulos in an interview on “Good Morning America.”

The younger Biden has been indicted by special counsel David Weiss on three felony gun charges, bringing renewed legal pressure on him after a plea agreement he struck with prosecutors imploded in recent months.

The conduct described in the indictment dates back to October 2018, when Hunter Biden procured a Colt Cobra 38SPL despite later acknowledging that he was addicted to drugs around that time.

While the criminal statutes cited in the indictment are clear — it is a crime to lie on a gun application form or to possess a firearm as a drug user – Hunter Biden’s attorney suggested that the charges could be unconstitutional, citing a recent appeals court ruling that drug use alone should not automatically prevent someone from obtaining a gun.

“The only change that has occurred between when they investigated [this alleged crime] and today is that the law changed,” Lowell said. “But the law didn’t change in favor of the prosecution. The law changed against it.”

With Republicans launching an impeachment inquiry on Capitol Hill, Lowell suggested that political pressure on prosecutors played into their decision, questioning the timing of the charges in light of revelations from whistleblowers about the investigation.

No kidding. The political pressure from right wing Congresspeople has been off the charts. And Special Counsel David Weiss himself was appointed by Bill Barr after political pressure from Donald Trump.

CNN: Justice Jackson implores Americans to ‘own even the darkest parts of our past’ in speech commemorating 60th anniversary of 16th Street Baptist Church bombing.

Supreme Court Justice Ketanji Brown Jackson on Friday implored Americans to “own even the darkest parts of our past” in a speech commemorating 60 years since the deadly 16th Street Baptist Church bombing.

“History is also our best teacher. Yes, our past is filled with too much violence, too much hatred, too much prejudice. But can we really say that we are not confronting those same evils now?” Jackson said at the church in Birmingham, Alabama.

Photo by abbenquesnel on flicker

Trucker cat, photo by abbenquesnel on flicker

“We have to own even the darkest parts of our past, understand them and vow never to repeat them. We must not shield our eyes. We must not shrink away lest we lose it all,” she said.

The justice didn’t invoke a particular case, but as a whole her speech nodded to efforts targeting the teaching of critical race theory in schools and books about the struggle for racial equality and other topics.

“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth or history. It is certainly the case that parts of this country’s story can be hard to think about,” she said. “I know that atrocities like the one we are memorializing today are difficult to remember and relive. But I also know that it is dangerous to forget them.”

At times, Jackson, the first Black woman to serve on the Supreme Court, drew a personal connection to the tragedy, in which a bomb exploded at the church on September 15, 1963, killing Denise McNair, Cynthia Wesley, Addie Mae Collins and Carole Robertson. Nearly two dozen others were injured.

“As a mother of two young women who will always be my little girls, I can imagine no greater horror than to lose a child this way,” Jackson said.

“And even now, six decades later, the magnitude of that tragic loss weighs heavily on all of us because those girls were just getting started. They could have broken barriers. They could have shattered ceilings. They could have grown up to be doctors or lawyers or judges appointed to serve on the highest court in our land,” she added.

Read more at CNN.

That’s a sampling of today’s news. Feel free to discuss anything and everything in the comment thread.


Lazy Caturday Reads

Happy Caturday!!

Cat and Flowers, by Ruskin Spear, British, 1911-1990

Cat and Flowers, by Ruskin Spear, British, 1911-1990

There has been a terrible earthquake in Morocco, with hundreds of people dead. President Biden is attending the Group of 20 summit meeting in India. Back in the U.S., a Georgia federal judge said no to Mark Meadows’ request to transfer his case to federal court; and now Trump’s lawyers are scrambling to figure out a way for him to still do that. It’s not likely to happen. The 5th Circuit court of appeals reversed some of a previous ruling that hamstrung government agencies, but they still found that the Biden administration violated the first amendment in trying to influence social media companies. Finally, The New York Times has an interesting read about the former Mar-a-Lago IT guy who had turned on Trump. 

Raw Story: Over 800 dead from devastating earthquake in Morocco.

The strongest earthquake to hit the country of Morocco in more than 120 years has left over 800 people dead and many thousands more trapped, missing, or injured.

The quake registered 6.8 on the Richter scale with the epicenter located in the Atlas Mountains and not far the city of Marrakesh where historic buildings—many built of mortar and stone not designed to withstand such tremors—collapsed and the streets filled with people overnight trying to flee the destruction and danger.

“The problem is that where destructive earthquakes are rare, buildings are simply not constructed robustly enough to cope with strong ground shaking, so many collapse resulting in high casualties,” Bill McGuire, professor emeritus of geophysical and climate hazards at University College London, told the Associated Press. “I would expect the final death toll to climb into the thousands once more is known. As with any big quake, aftershocks are likely, which will lead to further casualties and hinder search and rescue.”

Morocco’s interior ministry put the initial death toll at 822 as of Saturday morning, with 672 injured, but both numbers are certain to rise. Though the stronger impacts were closer to Marakesh, the earthquake was felt across the country, including in Casablance, Essaouira, and the capital city of Rabat.

Large nations, including both the United States and China, sent their well wishes to the people of Morocco.

“I am deeply saddened by the loss of life and devastation caused by the earthquake in Morocco,” said U.S. President Joe Biden in an overnight statement. “Our thoughts and prayers are with all those impacted by this terrible hardship.”

Biden said his administration as in contact with Moroccan officials and willing to send whatever help might be necessary. “We are working expeditiously to ensure American citizens in Morocco are safe,” Biden said, “and stand ready to provide any necessary assistance for the Moroccan people.”

Self-Portrait with Cat, Indira Baldano

Self-Portrait with Cat, Indira Baldano

Associated Press: Biden, Modi and G20 allies unveil rail and shipping project linking India to Middle East and Europe.

NEW DELHI (AP) — President Joe Biden and his allies on Saturday announced plans to build a rail and shipping corridor linking India with the Middle East and Europe, an ambitious project aimed at fostering economic growth and political cooperation.

“This is a big deal,” said Biden. “This is a really big deal.”

The corridor, outlined at the annual Group of 20 summit of the world’s top economies, would help boost trade, deliver energy resources and improve digital connectivity. It would include India, Saudi Arabia, the United Arab Emirates, Jordan, Israel and the European Union, said Jake Sullivan, Biden’s national security adviser.

Sullivan said the network reflected Biden’s vision for “far reaching investments” that come from “effective American leadership” and a willingness to embrace other nations as partners. He said the enhanced infrastructure would boost economic growth, help bring countries in the Middle East together and establish that region as a hub for economic activity instead of as a “source of challenge, conflict or crisis” as it has been in recent history.

Politico: Judge refuses to move prosecution of Mark Meadows to federal court.

The prosecution of former White House chief of staff Mark Meadows for attempting to overturn the 2020 election will remain in Georgia state court, a federal judge ruled Friday as he turned down Meadows’ bid to move the case to federal court.

The decision is a victory for Fulton County District Attorney Fani Willis’ drive to bring former President Donald Trump, Meadows and 17 other defendants to trial under the state’s broad criminal racketeering statute for their roles in trying to help Trump cling to power.

“The Court concludes that Meadows has not shown that the actions that triggered the State’s prosecution related to his federal office,” U.S. District Judge Steve Jones wrote in his decision, while emphasizing that he was not ruling on the right of any other defendant to have the case against them moved to the federal system.

Belinda Del Pesco

By Belinda Del Pesco

Jones, an appointee of former President Barack Obama, concluded that Meadows was not acting within the scope of his employment at the White House when he organized a Jan. 2, 2021 phone call where Trump pressed Georgia’s secretary of state Brad Raffensperger to “find” enough votes to declare him the victor in that state. Other actions that Meadows took, as described in a grand jury’s indictment last month, similarly fell outside Meadows’ official duties, the judge said.

“Meadows’s participation on the January 2, 2021 call was political in nature and involved the President’s private litigation, neither of which are related to the scope of the Office of White House Chief of Staff,” Jones wrote. “The Court finds that these contributions to the phone call with Secretary Raffensperger went beyond those activities that are within the official role of White House Chief of Staff, such as scheduling the President’s phone calls, observing meetings, and attempting to wrap up meetings in order to keep the President on schedule.”

By finding that Meadows acted outside the scope of his duties, Jones concluded that Meadows is not eligible for so-called “removal” — a procedure under federal law that allows federal officials to transfer a case from state court to federal court if the case is based on their official acts.

It’s now unlikely that any of the other people trying to move their cases to federal court–including Trump–will succeed. Meadows had the strongest case according legal experts.

Raw Story: Lawyers for Trump scrambling to get ‘creative’ after Mark Meadows legal ploy collapses.

Reacting to U.S. District Judge Steve C. Jones late Friday ruling that former White House chief of staff Mark Meadows may not have his election tampering case moved to a federal court, former Re[publican National Committee chair Michael Steele said that was a major blow not only to Meadows but also all of the other 18 Georgia co-conspirators facing RICO charges including Donald Trump.

As Steele put it, any hopes that defense attorneys might have had in the outcome of the Meadows hearing died a quick death.

Meadows’ attorneys had signaled that they hoped to move the case to federal court as a precursor to arguing that the case against him should be thrown out on grounds that as a former federal officer he’s immune from charges relating to his duties. And if a trial went forward in federal court, the jury pool would likely have been broader and slightly friendlier to Trump and his allies than one drawn only from Fulton County.

A federal court trial also would be unlikely to be televised, whereas the state court judge has already vowed to livestream all the proceedings.

Four other defendants in the Georgia case have also asked for the cases against them to be moved to federal court: former Justice Department official Jeff Clark and three pro-Trump activists accused of falsely certifying that they were presidential electors from the state. Those requests remain pending with Jones, and he said he was not pre-judging them as he turned down Meadows.

Nora Heysen (Australian, 1911-2003) - A Boy with his cat

Nora Heysen (Australian, 1911-2003) – A Boy with his cat

CNN: Appeals court says Biden admin likely violated First Amendment but narrows order blocking officials from communicating with social media companies.

A federal appeals court on Friday said the Biden administration likely violated the First Amendment in some of its communications with social media companies, but also narrowed a lower court judge’s order on the matter.

The US 5th Circuit Court of Appeals ruled that certain administration officials – namely in the White House, the surgeon general, the US Centers for Disease Control and Prevention, and the Federal Bureau of Investigation – likely “coerced or significantly encouraged social media platforms to moderate content” in violation of the First Amendment in its efforts to combat Covid-19 disinformation.

But the three-judge panel said the preliminary injunction issued by US District Judge Terry Doughty in July, which ordered some Biden administration agencies and top officials not to communicate with social media companies about certain content, was “both vague and broader than necessary to remedy the Plaintiffs’ injuries, as shown at this preliminary juncture.”

The Biden administration had previously argued in the lawsuit brought by Republican attorneys general claiming unconstitutional censorship that channels with social media companies must stay open so that the federal government can help protect the public from threats to election security, Covid-19 misinformation and other dangers.

n briefs submitted earlier this summer, the administration wrote, “There is a categorical, well-settled distinction between persuasion and coercion,” adding that Doughty had “equated legitimate efforts at persuasion with illicit efforts to coerce.”

The 5th Circuit left in place part of the injunction that barred certain Biden administration officials from “threatening, pressuring, or coercing social-media companies in any manner to remove, delete, suppress, or reduce posted content of postings containing protected free speech.”

“But,” the appeals court said, “those terms could also capture otherwise legal speech. So, the injunction’s language must be further tailored to exclusively target illegal conduct and provide the officials with additional guidance or instruction on what behavior is prohibited.”

So it’s some good news and some bad news if you care about disinformation on social media.

From a summary of the NYT article on Yuscil Taveras at Raw Story: ‘Alarmed’ Trump security chief intervened to keep crucial Mar-a-Lago tapes from being destroyed.

In a deep dive into the life of the key Donald Trump employee who has flipped on the former president and some of his colleagues who worked with him at Mar-a-Lago, the New York Times is reporting that Trump’s head of security made a fateful decision that helped out special counsel Jack Smith’s investigation.

Composition with Cat on the table with striped tablecloth - Herdis Gelardi , 1951 Danish, 1916-1991

Composition with Cat on the table with striped tablecloth – Herdis Gelardi , 1951 Danish, 1916-1991

As part of their profile of IT manager Yuscil Taveras, the Times creates a moment-by-moment timeline where Mar-a-Lago property manager Carlos De Oliveira contacted Yuscil Taveras to meet him “somewhere more private” to discuss deleting the surveillance video.

As part of their profile of IT manager Yuscil Taveras, the Times creates a moment-by-moment timeline where Mar-a-Lago property manager Carlos De Oliveira contacted Yuscil Taveras to meet him “somewhere more private” to discuss deleting the surveillance video.

As the Times is reporting, “According to the indictment, which does not name Mr. Taveras but refers to him as ‘Trump Employee 4,’ Mr. De Oliveira led him through a basement tunnel to a small room known as an ‘audio closet,’ where Mr. De Oliveira delivered a message from Mr. Trump: ‘the boss’ wanted the footage deleted. Mr. Taveras rebuffed the request, prosecutors said in the indictment, but Mr. De Oliveira raised it again.”

Noting that Taveras once again denied the request, the report states that Taveras then reportedly confided to fellow employee Renzo Nivar about what had happened and days later alerted “a superior in Trump Tower.”

According to the Times, “One executive in New York, Matthew Calamari Jr., the Trump Organization’s corporate director of security, apparently became alarmed, according to people with knowledge of the matter. He alerted the company’s legal department, prompting a senior lawyer at the company to deliver a stern warning not to delete anything.”

Read the entire profile at The New York Times: He Was Just the I.T. Guy. Then He Got Caught in the Trump Documents Case.

So that’s an overview of the news today. I hope you all have a great weekend!!


Thursday Reads

Good Morning!!

Satue of Liberty

Lately, I’ve been thinking about how to feel about our chances of saving American democracy. Now that Trump and many of his cronies have been indicted, can we breathe easy? I think things are looking better, but it looks like Trump will get the Republican nomination no matter what happens with all his criminal and civil cases. It’s also highly likely that Trump and many of his allies will appeal court decisions again and again in order to delay convictions.

It seems that the Georgia case is likely to proceed quickly; but Trump is going to try to get his case transferred to federal court, as Meadows has already done, and both of them are going to appeal a negative decision all the way to the Supreme Court.

The January 6 case is also moving fairly quickly; but, again, there will be appeals.

The stolen documents case looked promising, but Judge Cannon is determined to protect Trump. It’s likely that Jack Smith will eventually have to appeal her rulings to the 11th Circuit. Whether she can be removed from the case is an open question.

It is very likely to come down in the end to Joe Biden beating Trump again in the 2024 election. I believe he can do it, but those of us who care are going to have to go through some anxious times. I’d be interested to know how others feel about all this.

Now, here’s what’s happening in political news and opinion.

Yesterday, Mitch McConnell had another public episode of “freezing up” while speaking to reporters. I’m guessing this has probably happened more then once–just not during a public appearance.

These could be mini-strokes or symptoms of Parkinson’s disease, according to CNN’s Dr. Sanjay Gupta. Gupta also suggested that these episodes have likely been more frequent than we know, base on the way McConnell’s aides seemed to immediately know what to do.

The New York Times: McConnell Freezes Up a Second Time While Addressing Reporters.

Senator Mitch McConnell of Kentucky, the longtime Republican leader who has appeared increasingly diminished and frail after a series of falls and a serious head injury this year, froze up suddenly during a news conference on Wednesday in Covington, Ky., the second such episode he has experienced on camera in recent weeks.

Mr. McConnell, 81, was taking questions from reporters after an event hosted by the Northern Kentucky Chamber of Commerce when he was asked for his thoughts on running for re-election in 2026. Mr. McConnell, who appeared thinner and paler than he has in recent months, began to answer the question with a slight chuckle and abruptly stopped speaking for about 30 seconds, standing motionless as he gripped his lectern with his mouth pursed and his eyes fixed.

When an aide approached to ask if he had heard the question, he mumbled “yes,” but he seemed unable to continue speaking or to move.

It was the second such incident in two months, and the scene intensified questions about Mr. McConnell’s health condition, his ability to serve and his future in the Senate.

Mr. McConnell had a concussion in March when he fell at a Washington hotel during a fund-raising event, and was absent from the Senate for weeks while giving almost no updates on his health status. Since then, he has had at least two more falls, which his office did not disclose.

Read more at the NYT link.

Politico: McConnell quickly convenes with allies after second public freeze.

The Senate GOP leader paused for roughly 30 seconds during a press availability in Kentucky, a little more than a month after a similar episode in the Capitol in late July. His office attributed both episodes to lightheadedness, adding that McConnell would consult on Wednesday with a physician as a precautionary measure.

That explanation may not stem questions when the Senate reconvenes next week. While worries about McConnell’s first freeze had faded somewhat during August recess, with even some critics publicly defending his abilities, the second incident is sure to trigger increased scrutiny of McConnell’s hold on the conference, as well as who might succeed him.

Senators quickly sought more information about McConnell’s health after the incident, according to one person familiar with the dynamics. Shortly after the Wednesday incident, McConnell held calls with his closest allies including Minority Whip John Thune (R-S.D.), Conference Chair John Barrasso (R-Wyo.) and Sen. John Cornyn (R-Texas), according to people familiar with the calls. All of them are potential successors to McConnell.

What’s going on in the Senate GOP behind the scenes?

Internally, McConnell is facing dual dynamics: His potential successors — Cornyn, Thune and Barrasso — are backing his leadership, staying supportive and say he’s sharp. There’s no mechanism to force another leadership race until the end of next year, though a group of five senators can call a special conference meeting to discuss the matter.

There’s no sign of that yet, though some Republican senators privately say his grip on the caucus and his engagement in meetings has waned since March. The dynamics are complicated by McConnell’s 2022 leadership race, in which he both won handily and faced his first opposition ever. He beat Sen. Rick Scott (R-Fla.), a former chair of the National Republican Senatorial Committee, 37-10. That means he has a built-in group of detractors amid the latest health queries.

McConnell has led the conference since 2007, the longest run for a Senate party leader in history. He will be up for reelection in 2026, and his pause on Wednesday occurred after a question about whether he will run again.

The GOP leader still has unfinished business. He’s trying to facilitate more aid to Ukraine and offer an alternate vision to former President Donald Trump. Trump and McConnell haven’t spoken since December 2020, and Trump continues to advocate for Republicans to replace McConnell. The Kentucky Republican refuses to speak about Trump even as the presidential candidate cruises toward the GOP nomination.

McConnell is also highly focused on flipping the Senate in 2024, particularly after 2022’s disappointing election losses. And he’s hoping to help Daniel Cameron, a former aide, win the Kentucky governorship this fall, even dispatching his chief of staff to the state to help beat Democratic Gov. Andy Beshear. If there is a Senate vacancy, the governor would select the replacement from a small group of Republicans recommended by the state GOP.

What’s happening with McConnell also puts the spotlight on 90-year-old Diane Feinstein.

Politico: Feinstein is a silent character in her sad and messy final chapter.

SAN FRANCISCO — A beach house in an exclusive neighborhood. A trust fund worth more than most Americans will see in a lifetime. A family so prominent that the increasingly acrimonious legal dispute must be turned over to an out-of-town judge.

Dianne Feinstein

Sen. Dianne Feinstein (D-Calif.), flanked by aides, arrives for a Senate Judiciary Committee meeting on Capitol Hill May 11, 2023. (Francis Chung/POLITICO via AP Images)

The feud over the estate left by Sen. Dianne Feinstein’s late husband, Richard Blum, has many of the ingredients of a Netflix thriller — complete with a billion-dollar fortune and the potential for a season-ending cliffhanger over whether she will unleash political chaos by retiring from the Senate. It’s the story that everyone is whispering about given the messy final chapter in the life of a grand dame of California politics.

The family struggle that has emerged in recent weeks raises fresh questions about the 90-year-old senator’s ability to serve. A review of the San Francisco Superior Court file, along with a half-dozen interviews with family friends and associates, suggests Feinstein appears to be almost completely removed from the legal brawl, despite her stature and vast knowledge of government and the law.

“The estate battle is a spectacle that diminishes people’s image and memory of her,” said Jerry Roberts, a journalist who wrote a biography of Feinstein and has closely followed her career for 50 years. “It’s a great sadness.”

The family legal battle mirrors the uncomfortable debate over her future in Washington — with Feinstein herself largely silent about the drama surrounding her.

Feinstein continues to serve in Congress despite questions about her ability to hold office, including memory issues amplified by muddled public comments and concerns about her overall health following a bout of shingles that sidelined her for nearly three months.

The stakes for her party are huge. If she were to step down before her term ends in early 2025, Senate Republicans have said they would prevent another Democrat from taking her place on the Judiciary Committee to block President Joe Biden’s federal court appointments. The Democrats lack the 60 votes needed to change committee assignments.

Read the rest at Politico.

And what is that “stable genius” Trump up to?

The Daily Beast: Trump Posts More than 30 Video Rants in One Day on Truth Social.

Former President Donald Trump went absolutely buck wild online Wednesday, posting more than 30 angry videos railing against his 2020 opponent Joe Biden, the Department of Justice, Democrats in general, Fox News, special prosecutor Jack Smith, Rupert Murdoch, and his own attorney general Bill Barr, among others. He bragged that his recent interview with Tucker Carlson has beaten Oprah’s interview with Michael Jackson as the most watched in history, and claimed the first Republican primary debate on Fox News was “one of the lowest rated EVER, if not THE LOWEST.” After hours of posting the rambling video messages, he paused to wish everyone in Florida dealing with Hurricane Idalia well—but immediately returned to his furious ranting. It’s unclear if anything in particular prompted the display, though he did promise on Tuesday to post more videos covering “many subjects in many timeframes.”

You can find some of the crazy videos on Twitter. Here’s one if you’re curious.

Martin Pengally at The Guardian: Donald Trump vows to lock up political enemies if he returns to White House.

Donald Trump says he will lock up his political enemies if he is president again.

In an interview on Tuesday, the rightwing broadcaster Glenn Beck raised Trump’s famous campaign-trail vow to “lock up” Hillary Clinton, his opponent in 2016, a promise Trump did not fulfill in office.

Beck said: “Do you regret not locking [Clinton] up? And if you’re president again, will you lock people up?”

Trump said: “The answer is you have no choice, because they’re doing it to us.”

Trump has encouraged the “lock her up” chant against other opponents but he remains in considerable danger of being locked up himself.

ApNewsroom_APTOPIX_Georgia_Election_Indictment_65468Under four indictments, he faces 91 criminal charges related to election subversion, retention of classified information and hush-money payments to an adult film star. He denies wrongdoing and claims to be the victim of political persecution. Trials are scheduled next year….

Trump told Beck that Biden was behind the indictments against him. In fact, all were brought by prosecutors independent of the White House: 44 by the justice department special counsel Jack Smith, 34 by the Manhattan district attorney, Alvin Bragg, and 13 by Fani Willis, the district attorney of Fulton county, Georgia.

Trump also claimed “the woman that I never met, that they accused me of rape, that’s being run by a Democrat, a Democrat operative, and paid for by the Democrat [sic] party”.

That was a reference to civil claims brought by E Jean Carroll, a writer who says Trump sexually assaulted her in New York in the 1990s. Earlier this year, Trump was found liable for sexual abuse and defamation and fined about $5m. A second trial is due next year. The judge in the case has said Trump has been adjudicated a rapist.

Also facing investigations of his business affairs, Trump said Democrats and other opponents were “sick people … evil people”.

It’s still so hard for me to understand how anyone can support this maniac, but here we are.

The New York Times: Trump Asks to Dismiss Suit as A.G. Says He Inflated Worth by $2.2 Billion.

Before Donald J. Trump was indicted four times over, he was sued by New York’s attorney general, who said that for years the former president, his business and members of his family had fraudulently overvalued their assets by billions of dollars.

Before any of those criminal trials will take place, Mr. Trump is scheduled for a civil trial in New York in October. During the trial, the attorney general, Letitia James, will seek to bar him and three of his children from leading their family business, the Trump Organization, and to require him to pay a fine of around $250 million.

On Wednesday, Ms. James fired an opening salvo, arguing that a trial is not necessary to find that Mr. Trump and the other defendants inflated the value of their assets in annual financial statements, fraudulently obtaining favorable loans and insurance arrangements.

The fraud was so pervasive, she said in a court filing, that Mr. Trump had falsely boosted his net worth by between $812 million and $2.2 billion each year over the course of a decade.

“Based on the undisputed evidence, no trial is required for the court to determine that defendants presented grossly and materially inflated asset values,” the filing said.

But Mr. Trump’s lawyers, in their own motion, argued that the entire case should be thrown out, relying in large part on a recent appellate court decision that appeared as if it could significantly narrow the scope of the case because of a legal time limit. Mr. Trump had received most of the loans in question too long ago for the matter to be considered by a court, his lawyers argue.

Read more at the NYT.

One more before I wrap this up, an opinion piece by Chris Whipple (author of a book of White House chiefs of staff) in The New York Times: Mark Meadows Is a Warning About a Second Trump Term.

On Monday, Mark Meadows, a former White House chief of staff, testified in an effort to move the Georgia racketeering case against his former boss Donald Trump and co-defendants to federal court. On the stand, he said that he believed his actions regarding the 2020 election fell within the scope of his job as a federal official.

The courts will sort out his legal fate in this and other matters. If convicted and sentenced to prison, Mr. Meadows would be the second White House chief of staff, after Richard Nixon’s infamous H.R. Haldeman, to serve jail time.

But as a cautionary tale for American democracy and the conduct of its executive branch, Mr. Meadows is in a league of his own. By the standards of previous chiefs of staff, he was a uniquely dangerous failure — and he embodies a warning about the perils of a potential second Trump term.

Historically, a White House chief of staff is many things: the president’s gatekeeper, confidant, honest broker of information, “javelin catcher” and the person who oversees the execution of his agenda.

But the chief’s most important duty is to tell the president hard truths.

meadows-mug-President Dwight Eisenhower’s Sherman Adams, a gruff, no-nonsense gatekeeper, was so famous for giving unvarnished advice that he was known as the “Abominable No Man.” In sharp contrast, when it came to Mr. Trump’s myriad schemes, Mr. Meadows was the Abominable Yes Man.

It was Mr. Meadows’s critical failure to tell the president what he didn’t want to hear that helped lead to the country’s greatest political scandal, and his own precipitous fall….

There used to be stiff competition for the title of history’s worst White House chief of staff. Mr. Eisenhower’s chief Adams was driven from the job by a scandal involving a vicuna coat; Mr. Nixon’s Haldeman served 18 months in prison for perjury, conspiracy and obstruction of justice in the Watergate scandal; and George H.W. Bush’s John Sununu resigned under fire after using government transportation on personal trips.

But the crimes Mr. Meadows is accused of are orders of magnitude greater than those of his predecessors. Even Mr. Haldeman’s transgressions pale in comparison. Mr. Nixon’s chief covered up a botched attempt to bug the headquarters of the political opposition. Mr. Meadows is charged with racketeering — for his participation in a shakedown of a state official for nonexistent votes — and soliciting a violation of an oath by a public officer.

Mr. Meadows didn’t just act as a doormat to President Trump; he seemed to let everyone have his or her way. Even as he tried to help Mr. Trump remain in office, Mr. Meadows agreed to give a deputy chief of staff, Chris Liddell, the go-ahead to carry out a stealth transition of power to Joe Biden. This made no sense, but it was just the way Mr. Meadows rolled. Mr. Trump’s chief is a world-class glad-hander and charmer.

Read the rest at the NYT.

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