Thursday Reads: Election Aftermath

The Yellow Cow, Franz Marc

The Yellow Cow, Franz Marc

Good Afternoon!!

I’ve been sitting here for awhile with my laptop open, staring into space; and I just realized that I’m kind of in a daze after the past few days.

Election day was much better for Democrats than I expected, even though I had read convincing arguments from Democratic polling experts Simon Rosenberg and Tom Bonier that they could do well. I actually included their predictions in my election day  Tuesday post via a piece by Rosenberg.

My worst fears didn’t materialize, and that’s great; but we’re still in a kind of limbo waiting for results in Arizona and Nevada. It will also be a long time before California counts all the votes, so we may not know who controls the House for some time. In the Senate, we may not know until the December 6 Georgia runoff.

One thing we do know for sure is that abortion rights was an extremely important issue for voters in many states.

The New York Times: ‘My Main, Core Issue’: Abortion Was the Driving Force for Many Voters.

It was a driving force for a retired banker in San Antonio, an artist in Racine, Wis., an event planner in Miami Beach. It motivated college students and retirees, men and especially women. Even those who might usually skip a midterm election had been compelled to make time to cast a ballot.

Across the nation, voters felt an obligation to weigh in on what, for many, was a vital matter: abortion rights.

“Abortion was my main, core issue,” said Urica Carver, 41, a registered Republican from Scranton, Pa.

A single mother of six children, Ms. Carver, a caseworker for the state, said she would have most likely supported Republicans in the midterms. But the Supreme Court’s decision to overturn Roe v. Wade this summer magnified an issue that outweighed all others, she said. Abortion, she said, was a personal decision, and she would want her own daughters to have the option if needed.

Ms. Carver voted a straight Democratic ticket. “If they didn’t support that right, regardless of who they were,” she said, “they were not getting my vote.”

Two Poodles, Pierre Bonnard

Two Poodles, Pierre Bonnard

Abortion played a larger role in midterm election results than even many Democrats, who had made it central to their campaigns, expected. Pre-election polls had shown Americans fixated on inflation and crime, with abortion still a concern but not as much of a priority.

Those opposed to abortion rights also said the issue moved them to vote. But in states with ballot initiatives that could affect abortion access, the issue drew more people who supported abortion rights, or did not want more restrictions.

In all five states where abortion-related questions were on the ballot on Tuesday, voters chose to protect access to the procedure or reject further limits. And in some places where the future of abortion rights were uncertain, Democratic candidates who campaigned on the issue fared well — particularly in Michigan, where voters re-elected the Democratic governor, Gretchen Whitmer, and in Pennsylvania, where the Democrat Josh Shapiro won the governorship and the Democrat John Fetterman won the Senate race.

Read the rest at the NYT.

John Hendrikson at The Atlantic: How Abortion Defined the 2022 Midterms. Where Dr. Oz stumbled, John Fetterman only had to say Roe v. Wade. And so it went across the nation.

In red and blue states alike, reproductive autonomy proved a defining issue of the 2022 midterms. Although much preelection punditry predicted that the Pennsylvania Democratic nominee John Fetterman’s post-stroke verbal disfluency was poised to “blow up” the pivotal Senate race on Election Day, the exit polls suggest that abortion seismically affected contests up and down the ballot.

Concerns over the future of reproductive rights unequivocally drove Democratic turnout and will now lead to the rewriting of state laws around the country. In deep-red Kentucky, voters rejected an amendment that read, “Nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” In blue havens such as California and Vermont, voters approved ballot initiatives enshrining abortion rights into their state constitutions.

In Michigan, a traditionally blue state that in recent years has turned more purple, voters likewise enshrined reproductive protections into law, with 45 percent of exit-poll respondents calling abortion the most important issue on the ballot. In the race for the Michigan statehouse, the incumbent Democratic governor, Gretchen Whitmer, trounced her Republican challenger, Tudor Dixon, who had said that she supports abortion only in instances that would save the life of the woman, and never in the case of rape or incest. Dixon lost by more than 10 percentage points and almost half a million votes.

After the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision ended the federal right to abortion in June, many observers wondered whether pro-abortion-rights Democrats would remain paralyzed with despair or whether their anger would become a galvanizing force going into the election season. The answer is now clear—though, in fact, it has been for some time.

In August, just six weeks after Dobbs, Kansas voters rejected an amendment to the state constitution that could have ushered in a ban on abortion. That grassroots-movement defeat of the ballot initiative was a genuine shocker—and it showed voters in other states what was possible at the local level.

William James Webbe, The White Owl, 'Alone and warming his five wits, The white owl in the belfry sits,' signed with monogram and dated '1856'

William James Webbe, The White Owl, ‘Alone and warming his five wits, The white owl in the belfry sits,’ signed with monogram and dated ‘1856’

Right leaning Axios reports that anti-abortion groups think the problem is that Republicans distanced themselves from the abortion issues: Republicans’ abortion silence backfires in midterms, by Oriana Gonzalez.

The blame game has begun around what led to Republicans’ disappointing results in the midterms, with some outside groups zeroing in on the party’s lack of an abortion message.

Driving the news: Susan B. Anthony Pro-Life America, a large anti-abortion organization with close ties to GOP leaders, slammed Republican candidates who distanced themselves from abortion bans and failed to clearly communicate their stance on the issue, calling it “political malpractice.”

The group said in a memo that to “win in competitive races,” candidates needed to focus on defining their opponents as “abortion extremists” and “contrast that with a clearly defined pro-life position centered around consensus such as pain-capable or heartbeat limits.” [….]

They specifically praised Florida Sen. Marco Rubio and Gov. Ron DeSantis, Texas Gov. Greg Abbott, Sen.-elect J.D. Vance of Ohio, and Georgia Senate hopeful Herschel Walker, whose closely watched race is headed for a runoff.

Yeah, no. I don’t think that would have worked. The candidates who did talk about it mostly didn’t do well.

More points of view on what kept the anticipated “red wave” from happening

Noah Berlatsky at Public Notice: The red wave that wasn’t.

In the wee hours of Wednesday morning, the results of the 2022 midterms were still uncertain. Control of both the House and the Senate remained up for grabs; the latter may ultimately be determined by a run-off in Georgia in December.

We do know one thing though. Joe Biden has had the most successful midterm of any president in 20 years. The Democrats in disarray narrative looks a lot more like Republicans in disarray. The American people, it turns out, did care about inflation. But they cared about democracy too….

The Democrats currently have 50 seats in the Senate and a narrow majority of 224-213 in the House. Holding that, or losing a handful of seats in the House, may not seem like an impressive outcome. Usually, though, the president’s party gets clobbered in the midterms. Donald Trump in the 2018 midterms lost 40 seats in the House. Barack Obama lost a whopping 63 seats in 2010. In comparison, his 13 seat loss in 2014 seems relatively mild, even though it shifted control to the Republicans again. George W. Bush lost 31 seats in his 2006 midterm.

You have to go back to the 2002 midterm, in the rally around the flag aftermath of the 9/11 attacks, to find a midterm in which the president’s party made any gains. The Republicans that year picked up eight seats, solidifying their hold on the House. Before that, the president’s party lost control of the House in every other midterm election since 1978.

Biden’s achievement — even if he ends up losing a handful of House seats — is all the more remarkable because his popularity remains in the doldrums. Poll aggregator FiveThirtyEight has his approval at around 41.4 percent. That’s lower than Trump’s (42.2 percent) and or Obama’s (44.8 percent) at the same point in their presidencies, when they experienced catastrophic losses.

Biden’s low approval ratings and high inflation nationally led many pundits to believe that there would be a red wave in line with most midterms. Pundits said that New York governor Kathy Hochul could be in danger of losing her blue state to challenger Lee Zeldin. Analysts also suggested Democrats could lose a Rhode Island House seat they’d held since 1991, as Republican Allen Fung looked prepared to unseat Democrat Seth Magaziner. Colorado Democratic Senator Michale Bennett was supposed to be in trouble. So was Washington state’s senator Patty Murray.

Oops! The media’s favorite meme, “Dems in disarray,” might need revisions. Read more at Public Notice.

Cows, by Vincent Van Gogh

Cows, by Vincent Van Gogh

This is a “guest essay” at The New York Times by Sohrab Ahmari: Why the Red Wave Didn’t Materialize. Ahmari thinks the Republicans’ failure to help or even empathize with working class Americans explains their electoral losses.

A week before the midterms, a video circulated online of a Starbucks barista crying while explaining the need for a union: “I’m a full-time student. I get scheduled for 25 hours a week, and on weekends they schedule me the entire day — open to close.” The manager is bad, the staffing is inadequate and the stress is overwhelming.

The video should have elicited sympathy from anyone familiar with the lousy wages and grinding conditions that characterize today’s service economy. That was not, though, the response of the full spectrum of conservative media and personalities, from Fox News to The Daily Wire to Sebastian Gorka.

“Boo Hoo!” replied Media Research Center TV, a conservative media site. “This ‘person’” — the barista happens to be transgender, hence, I suppose, the scare quotes around “person” — “was in tears because they had to work eight hours a day on the weekend.”

Episodes like this may be one reason the red wave didn’t materialize, why Republicans failed to usher in a new dawn of prosperity for the multiracial working class that Republican leaders from Senator Ted Cruz to the House policy honcho Jim Banks say they want to champion. When it came down to it, the Republican Party offered ordinary American workers little that might have bolstered their power or leveled the economic playing field. That failure helped dash conservative hopes for a clean Republican sweep.

Read more at the NYT.

Some Republicans and pundits are blaming Trump.

The New York Times: Trump Under Fire From Within G.O.P. After Midterms.

Donald J. Trump faced unusual public attacks from across the Republican Party on Wednesday after a string of midterm losses by candidates he had handpicked and supported, a display of weakness as he prepared to announce a third presidential campaign as soon as next week.

As the sheer number of missed Republican opportunities sank in, the rush to openly blame Mr. Trump was as immediate as it was surprising.

Hunting Dogs in a Boat (1889) by Winslow Homer

Hunting Dogs in a Boat (1889) by Winslow Homer

Conservative allies criticized Mr. Trump on social media and cable news, questioning whether he should continue as the party’s leader and pointing to his toxic political brand as the common thread woven through three consecutive lackluster election cycles.

Mr. Trump was seen as largely to blame for the Republicans’ underwhelming finish in Tuesday’s elections, as a number of the candidates he had endorsed in competitive races were defeated — including nominees for governor and Senate in Pennsylvania and for governor of Michigan, New York and Wisconsin.

“Republicans have followed Donald Trump off the side of a cliff,” David Urban, a longtime Trump adviser with ties to Pennsylvania, said in an interview.

Former Representative Peter King, a Republican from Long Island who has long supported Mr. Trump, said, “I strongly believe he should no longer be the face of the Republican Party,” adding that the party “can’t become a personality cult.”

The chorus of criticism, which unfolded on Fox News and social media throughout the day, revealed Mr. Trump to be at his most vulnerable point politically since the aftermath of the Jan. 6, 2021, attack on the Capitol.

The Washington Post: How Trump, infighting and flawed candidates limited Republican gains. This is one of the Post’s trademark gossipy reports with 5 authors and many sources, so you’ll need to go read the whole thing if you’re interested. Here’s the intro:

Florida Sen. Rick Scott made a plea to about 35 of his colleagues during lunch at the National Republican Senatorial Committee offices in early August: Send money to the NRSC from your personal campaign accounts. The candidates were in need.

The Republican outlook had gone from glossy to grim since the July campaign finance reports. Despite $5-a-gallon gasoline and a historically unpopular president, Democratic Senate candidates in pivotal states had big financial and polling leads. First-time Republican candidates propelled by former president Donald Trump, on the other hand, were viewed unfavorably in Pennsylvania, Ohio, Arizona and Georgia.

But Scott’s hopes of a united GOP response were dashed as soon as Senate Minority Leader Mitch McConnell (R-Ky.) stood to address the same room: Send 20 percent of the money from their leadership PACs, he told the senators, to the Senate Leadership Fund, an outside group controlled by his own loyalists, according to a person familiar with the matter.

The implication, said multiple people familiar with the exchange, was that senators needed to choose sides in a months-long battle between the two Senate leaders about the best strategy for winning, a conflict that would have serious consequences in the fall.

Bull, 1911, by Franz Marc

Bull, 1911, by Franz Marc

At least one senator left the meeting frustrated that Scott had to come hat-in-hand so late in the campaign, according to people briefed afterward. Other senators raised private concerns broadly about how Scott had managed the committee. Others blamed McConnell….

From the outside, this year’s elections looked like a virtual Republican lock. Since Lyndon B. Johnson, new Democratic presidents have lost an average of 45 House and five Senate seats in the midterms. Republicans went to the polls Tuesday needing to gain just five House seats and a single Senate seat to take control, amid soaring inflation and broad dissatisfaction with the nation’s direction.

But behind the scenes, nothing came easy to Republicans this cycle, as their historic tail winds collided with the fractious reality of a political party in the midst of a generational molting. GOP leaders spent much of the last year fighting against each other or plotting against their own primary voters. They were hobbled by unprepared first-time candidates, fundraising shortfalls and Trump, whose self-concern required constant attention — right up to the eve of the election, when he forced party bosses to beg him once again to delay a presidential campaign announcement.

That’s all I have for you today. Please share your thoughts and links in the comment thread, and have a great Thursday!


Thursday Reads: A Reckoning is Coming for Trump

Good Afternoon!!

It’s really happening, folks. Last night we got another sign that Merrick Garland’s DOJ is likely to indict Donald Trump. The news broke around 9PM Wednesday in The Wall Street Journal that Trump insider Kash Patel has been given limited use immunity and will now have to testify to the grand jury in the stolen documents case. This means he won’t be prosecuted for anything he testifies to truthfully, but he can be prosecuted if he lies.

Lawrence Tribe predicted this last month when The New York Times published a story about the DOJ trying to get testimony from Patel and another Trump aide Walt Nauta, who was involved in moving boxes of documents out of the storage area at Mar-a-Lago.

Here’s the Wall Street Journal article from last night: Trump Aide, Granted Immunity, Set to Testify at Grand Jury Probing Mar-a-Lago Documents.

Kash Patel, a close associate of former President Donald Trump, is set to soon testify before a federal grand jury probing the handling of classified documents at Mar-a-Lago after receiving immunity for his information, people familiar with the matter said.

A federal judge recently decided the Justice Department couldn’t force Mr. Patel to testify without such protection against his statements being used against him in some future prosecution. That ruling, the people said, opens the door for Mr. Patel, who says Mr. Trump broadly declassified White House documents while still president, to answer questions.

Mr. Patel appeared before the grand jury last month and refused to provide information by repeatedly invoking his Fifth Amendment right against self-incrimination, The Wall Street Journal reported.

H9-kash-patel

Kash Patel

In response, the Justice Department asked a federal judge to compel him to testify. Prosecutors argued Mr. Patel had no reasonable expectation that he would be prosecuted based on the kinds of questions they were asking, one of the people said, an argument the judge didn’t accept.

The immunity grant leaves the government only able to charge Mr. Patel, if at all, using information obtained independently of his immunized testimony.

That’s because Patel is just a small fish, and the DOJ is going after a much bigger fish–Trump himself.

Other Trump associates involved in the Mar-a-Lago documents matter also have been offered some form of immunity, people familiar with the matter said, including one of Mr. Trump’s lawyers, Christina Bobb, who declined, saying she didn’t need it.

Mr. Patel, a former White House and Pentagon aide whom Mr. Trump late in his term considered naming to top positions at the Central Intelligence Agency and the FBI, has asserted publicly since May that Mr. Trump broadly declassified documents when he left the White House in January 2021. His comments first came as the Justice Department’s efforts to retrieve the documents from Mar-a-Lago were intensifying and the same month prosecutors issued a grand jury subpoena for their return.

Prosecutors asked Mr. Patel about that claim and an array of other topics, including some that had nothing to do with Mr. Trump or the material discovered at Mar-a-Lago, one of the people said.

Investigators have spoken to a number of other people, including close aides to the former president, since the probe began.

I didn’t encounter a paywall when I opened this WSJ story from a link on Memeorandum.

This is from a New York Times article on this new development:

The disclosure that Mr. Patel has received immunity for his testimony comes as prosecutors have increased their pressure on recalcitrant witnesses who have declined to answer investigators’ questions or have provided them with potentially misleading accounts about Mr. Trump’s handling of documents.

Prosecutors have indicated they are skeptical of the level of cooperation they have gotten from a little-known Trump aide named Walt Nauta, who has provided the authorities with different accounts about whether he moved documents stored at Mr. Trump’s Mar-a-Lago estate. The authorities are using the specter of charges against him for misleading investigators to persuade him to sit again for questioning.

The prosecutors want to question Mr. Patel about an array of matters related to the documents. Among them is an unsubstantiated claim Mr. Patel has publicly made in recent months that Mr. Trump had declassified national security documents he took when he left the White House….

Mr. Patel has long been a part of efforts to fight off the Justice Department investigations into Mr. Trump and his allies. Earlier this year, as officials were pushing Mr. Trump to return records he had taken to Mar-a-Lago when he left office, Mr. Trump made him one of his representatives to the National Archives and Records Administration to deal with his records.

Legal experts say prosecutors try to avoid giving witnesses immunity, especially in high-profile cases, because it makes it much more difficult to prosecute the individual who received it. But prosecutors often ask a judge to grant it when they are confronted with a witness who has information that they believe is essential to completing the investigation….

Mr. Patel has increased his influence with Mr. Trump since the end of the presidency, maintaining his criticisms of the investigation into whether the Trump campaign conspired with Russia in the 2016 campaign.

Earlier this year, Mr. Patel told associates that he was expected to take on an even more central role in Mr. Trump’s legal defenses, currently coordinated by another Trump adviser, Boris Epshteyn, according to a person familiar with his comments.

There’s also big news on the investigation of Trump’s involvement in the investigation of efforts to overturn the 2020 election. Yesterday Politico obtained the 8 emails that Trump attorney John Eastman has been fighting to keep from the January 6 Committee and they are damning.

From the Politico article: Trump lawyers saw Justice Thomas as ‘only chance’ to stop 2020 election certification.

Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, according to emails newly disclosed to congressional investigators.

“We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Trump attorney Kenneth Chesebro wrote in a Dec. 31, 2020, email to Trump’s legal team. Chesebro contended that Thomas would be “our only chance to get a favorable judicial opinion by Jan. 6, which might hold up the Georgia count in Congress.”

“I think I agree with this,” attorney John Eastman replied later that morning, suggesting that a favorable move by Thomas or other justices would “kick the Georgia legislature into gear” to help overturn the election results.

Trump lawyer Kevin Chesebro

Trump lawyer Kenneth Chesebro

The messages were part of a batch of eight emails — obtained by POLITICO — that Eastman had sought to withhold from the Jan. 6 select committee but that a judge ordered turned over anyway, describing them as evidence of likely crimes committed by Eastman and Trump. They were transmitted to the select committee by Eastman’s attorneys last week, but remained largely under wraps until early Wednesday morning….

Thomas is the justice assigned to handle emergency matters arising out of Georgia and would have been the one to receive any urgent appeal of Trump’s lawsuit to the Supreme Court — a fact that seemed to be part of the Trump legal team’s calculus.

Rulings from so-called circuit justices are typically stopgap measures aimed at preserving the status quo until the full Supreme Court weighs in, but the Trump lawyers hoped a favorable order from Thomas would embolden state GOP-controlled legislatures, Congress — or then-Vice President Mike Pence — to block final certification of Joe Biden’s victory.

“[I]f we can just get this case pending before the Supreme Court by Jan. 5, ideally with something positive written by a judge or justice, hopefully Thomas, I think it’s our best shot at holding up the count of a state in Congress,” Chesebro said.

There’s even more crazy stuff from Chesebro:

In one scenario, Chesebro proposed encouraging Senate Republicans to filibuster long enough to delay the joint session of Congress on Jan. 6, ignoring limitations on the length of debate. He also described how Trump allies could use inaction by the courts to build political pressure against Biden’s inauguration.

“Hard to have enormous optimism about what will happen on Jan. 6, but a lot can happen in the 13 days left until then, and I think having as many states still under review (both judicially and in state legislatures) as possible is ideal,” Chesebro wrote Trump campaign attorney Justin Clark on Dec. 24, 2020. It’s unclear how or whether Clark responded to Chesebro’s message.

The New York-based lawyer has been scrutinized by the Jan. 6 select committee, as well as prosecutors in Fulton County, Ga., who are investigating Trump’s efforts to subvert the election there.

Read more and see the emails at Politico.

There’s a very interesting piece at New York Magazine today by Ankush Khardori: The Secret Court Battle That Threatens Trump After Election Day. Prosecutors are obtaining potentially crucial testimony about January 6.

https://twitter.com/NYMag/status/1588143351253159936?s=20&t=0jL5j6PFFd0McENHeAYidw

As the midterm campaigns draw to a close, so too may an informal détente between Donald Trump and federal prosecutors since the search of Mar-a-Lago in August. While both sides fight in court, the Justice Department has probably refrained from taking major steps in the key investigations into his possession of classified documents and the attack on the U.S. Capitol in order to avoid influencing the elections.

During this relative down period, however, the department has reportedly been fighting an opaque and largely secret legal battle in the January 6 investigation that could constitute its most significant development to date. It could open a floodgate of damaging information about Trump or provide the department with crucial clarity about his conduct with respect to the riot and the effort to overturn the election results beyond what the public has learned so far. Like the search at Mar-a-Lago, this reflects an apparent change in posture at the Justice Department in recent months under Attorney General Merrick Garland, who chose not to focus on Trump’s potential criminal misconduct when he took office last year despite ample reason to do so.

And thus far, the Justice Department appears to be winning.

In recent weeks, according to a variety of news reports, prosecutors successfully compelled grand-jury testimony in Washington, D.C., from two key witnesses over the objections of Trump — Greg Jacob, a onetime lawyer for former vice-president Mike Pence who blamed the shoddy legal arguments advanced by Trump lawyer John Eastman for the outrageous violence at the Capitol, and Marc Short, Pence’s former chief of staff. The proceedings are under seal for the moment, but they are being handled at the district-court level by Chief Judge Beryl Howell, who has so far rejected Trump’s legal challenges. In at least Short’s case, Trump’s lawyers reportedly sought an expedited appeal to the D.C. Circuit Court of Appeals, which rebuffed them. The Justice Department is now reportedly seeking a similar ruling from Howell that would force testimony — again over Trump’s objections — from former White House counsel Pat Cipollone and his deputy Patrick Philbin.

All of the court disputes appear to center on Trump’s effort to invoke executive privilege to block top officials in his White House from providing testimony that might incriminate him. As CNN noted, the recent testimony from Jacob was “the first identifiable time when the confidentiality Trump had tried to maintain around the West Wing after the 2020 election has been pierced in the criminal probe following a court battle.” The fight is not over: There is apparently still a pending appeal at the D.C. Circuit and likely more litigation before Howell as things continue to play out and additional witnesses are called in, and at some point, Trump could seek the involvement of the Supreme Court to try to bail him out.

At first blush, this may seem like a fight among lawyers with esoteric stakes concerning the scope of executive privilege, but there are significant consequences if the Justice Department successfully continues down this path. Prosecutors could obtain fulsome information about what Trump himself (as opposed to the people around him) was actually saying and doing in the run-up to and during the January 6 siege.

Read the rest at the link. The gist is that prosecutors are moving closer to actually holding Trump accountable.

More interesting stories to check out, links only:

The Washington Post: Biden warns GOP could set nation on ‘path to chaos’ as democratic system faces strain.

The Washington Post: Oath Keeper Rhodes had violent message for Trump after Jan. 6, witness says.

Reuters: U.S. Capitol Police to conduct internal review over missed camera images of Pelosi attack.

Will Oremus at The Washington Post: Musk’s Trump-style management rattles Twitter workers awaiting layoffs.

Insider: Elon Musk’s Twitter has identified thousands of employees who will be laid off, representing about 50% of the company’s workforce.

The Guardian: Twitter exodus: company faces murky future as top managers flee the nest.

Please share your thoughts on these stories and anything else you’re interested in and have a great Thursday!


Tuesday Reads

Good Day!!

henri-manguin, Dream Landscape

Henri Manguin, Dream Landscape

Is it me or is the news today even more dispiriting than usual?

Paul Pelosi was brutally attacked in his home last week and is still in the ICU in at San Francisco General Hospital and Trauma Center, and around the country Republicans are minimizing and even joking about the horrific attack by a MAGA/Qanon crazy.

The New York Times: Republicans Continue to Spread Baseless Claims About Pelosi Attack.

Donald Trump Jr., the former president’s son, continues to post jokes about it.

Dinesh D’Souza, the creator of a discredited film about the 2020 election called “2000 Mules,” accused the San Francisco Police Department on Monday of covering up the facts.

Representative Marjorie Taylor Greene, Republican of Georgia, wrote that the “same mainstream media democrat activists” who questioned former President Donald J. Trump’s ties to Russia were now silencing the new owner of Twitter, Elon Musk.

The reason: Mr. Musk deleted a post linking to a newspaper that once claimed Hillary Rodham Clinton was dead when she ran for president in 2016.

In the days since Paul Pelosi, the 82-year-old husband of House Speaker Nancy Pelosi, was attacked by an intruder asking, “Where is Nancy?”, a litany of Republicans and conservatives have spread baseless conspiracy theories about the assault and its motives.

Although the police have not yet detailed all the circumstances of the crime, these theories have already seeped into the Republican mainstream. While many Republican officials have denounced the violence, others have at the very least tolerated, and in some cases cheered, a violent assault on the spouse of a political rival.

The disinformation “isn’t just political,” said Angelo Carusone, the president and chief executive of Media Matters for America, a progressive nonprofit. “It’s much bigger than that; it’s deeper. They’re really rethinking and reshaping a lot of our norms.”

The attack on Mr. Pelosi in the couple’s home in San Francisco early on Friday morning has raised fears about the rise of political violence against elected officials — increasingly, it seems, inspired by a toxic brew of extremism, hate and paranoia that is easily found online.

The assailant, identified by the police as David DePape, 42, posted a series of notes in the days before the attack suggesting that he had fallen under the sway of right-wing conspiracy theories and antisemitism online. Some of the flurry of posts by others questioning the circumstances of the attack appeared intended to deflect attention from Mr. DePape’s views.

the-courtyard-of-the-hospital-in-arles-1889. Vincent Van Gogh

Vincent Van Gogh, The Courtyard of the Hospital in Arles, 1889

Super MAGA Trump follower Kari Lake, who is likely to be the next governor of Arizona, got a big laugh from the audience when she joked about the attack on Pelosi. NBC News: Arizona GOP nominee Kari Lake mocks attack on Paul Pelosi at campaign event.

The Republican nominee for governor of Arizona, Kari Lake, made light of the attack on House Speaker Nancy Pelosi’s husband in remarks at a campaign event Monday, drawing laughter from the audience.

Asked about school security, Lake suggested the protection afforded to federal lawmakers should be available to students, as well.

“Nancy Pelosi, well, she’s got protection when she’s in D.C. — apparently her house doesn’t have a lot of protection,” Lake said at a campaign event in Scottsdale, Arizona, sparking laughter from many in attendance….

Lake wasn’t asked about the remark in an interview with Tucker Carlson on Fox News but said: “We can’t talk about all these issues, because the media has told us they’re prohibited. You can’t talk about vaccines, you can’t talk about elections, you can’t talk about Paul Pelosi, and now you can’t talk about Nancy Pelosi.

“I’m talking about all of those things,” she added.

Paul Pelosi was still in intensive care, surrounded by family members, a source with knowledge of the situation said Monday.

Even New Hampshire Governor Chris Sununu, supposedly moderate Republican has now gone MAGA. William Saletan at The Bulwark: Even the Sane Republicans Are Embracing Election Deniers.

Chris Sununu, the governor of New Hampshire, is one of the saner people in today’s Republican party. He concedes that the 2020 election was free and fair. He acknowledges climate change. He has criticized Republican leaders for ostracizing Rep. Liz Cheney and other principled dissidents while protecting the party’s worst extremists.

That’s why Sununu’s decision in the final weeks of the 2022 campaign to embrace election deniers is a particularly bad sign. Like other Republican officials, he has decided that sabotage of public faith in democracy doesn’t matter, as long as the saboteurs are Republicans. And he’s defending their reckless behavior with pernicious excuses.

On Sep. 13, election deniers won the Republican primaries for two of New Hampshire’s three federal offices. Don Bolduc, who has insisted that “Trump won the election” in 2020, captured the GOP nomination to face off against incumbent Democratic Sen. Maggie Hassan. And Karoline Leavitt, who has said Trump “absolutely” won, got the nomination for one of the state’s two congressional seats.

Sununu could have said that he considered these nominees unfit for office. At a minimum, he could have kept his distance. Instead, he has endorsed Leavitt and praised Bolduc.

Last Tuesday, in a gubernatorial debate, Sununu was asked why he supported candidates who claimed “without evidence that elections were stolen.” He didn’t dispute that characterization of their views. Instead, he said endorsement decisions should be based on more than just “one issue,” as though election denial were no different from energy subsidies or water management.

Two days after Sununu’s comment, Bolduc—who had indicated after the primaries that he would tone down his allegations of fraud—again insinuated that elections were being stolen. In a Senate debate, he said the people of New Hampshire “don’t like the fact that they can’t trust the mail-in ballot system,” that there were “proven irregularities with voting machines,” and that “same-day voter-registration causes fraud.” He added: “We need to make sure that school buses loaded with people at the polls don’t come in and vote.”

Caspar_David_Friedrich, Woman at a Window, 1822

Caspar_David_Friedrich, Woman at a Window, 1822

In Brazil, Jair Bolsonaro lost his bid for reelection, and has decided to go the Trump route and refuse to concede. The Daily Beast: Bolsonaro Plays Trump Card: Won’t Concede as Fans Block Roads.

SÃO PAULO—The biggest and busiest city in South America was forced into a stunning standstill Monday night after supporters of Brazilian President Jair Bolsonaro blocked roads across the city to protest the results of a fair and free election.

Hundreds of Bolsonaro supporters, embittered by the victory of former Brazilian president Luiz Inácio “Lula” da Silva on Sunday, blocked the highway to the main airport in São Paulo, setting up barricades, chanting phrases like “Lula the robber!,” and starting fires in the middle of the road.

Hundreds of roadblocks in every state in the country threaten to plunge Brazil into chaos.

The populist rightwinger has yet to concede the election since the unprecedentedly close result was announced Sunday, with leftist former president Lula winning by just 1.8 percentage points. With fears mounting that Bolsonaro could take a leaf from the playbook of his close ally, Donald Trump, and refuse to accept the result, truckers loyal to the incumbent have taken matters into their own hands.

Roadblocks and protests demanding a military coup to stop Lula being certified as president have erupted in all but two Brazilian states, according to reports. Brazil’s federal highway police said over 300 protests had partially or completely shut down roads around the country, while authorities in the capital Brasilia closed traffic access to the central government esplanade amid fears that Bolsonaro’s supporters were planning to stage a demonstration in front of the Supreme Court, which they perceive as having given Lula favorable treatment.

Videos shared on social media show blockages along the 1,000 mile-long BR-163 highway which links companies in the Amazon basin with ports in the north of the country. One clip shows a fire burning as vehicles block the road, with a remix of a Brazilian song using the lyrics “Bolsonaro 22” playing in the background.

Read more at the Daily Beast link.

As Dakinikat wrote yesterday, the right-wing Supreme Court is going to end Affirmative Action in universities. Dahlia Lithwick and Mark Joseph Stern at Slate: The Supreme Court Has No Reason to End Affirmative Action. They’re Doing It Anyway.

Oral arguments in a pair of much-anticipated cases about the future of affirmative action sprawled over almost six hours on Monday, yet the outcome was obvious within the first 30 minutes: The Supreme Court’s conservative supermajority appears poised to overturn almost 50 years of precedent and outlaw race-conscious admissions at institutions of higher education. One case—arising from the University of North Carolina’s affirmative action program—was argued over two and a half hours. The second, a challenge to Harvard’s program, took up the better part of the afternoon. These arguments suggested that six justices will deem affirmative action to be unconstitutional chiefly because the effort to promote diversity in education has reached its sell-by date.

Konrad Vilhelm Mägi, Landscape of Vilsandi, 1913-14

Konrad Vilhelm Mägi, Landscape of Vilsandi, 1913-14

What was perhaps most remarkable in these largely predictable arguments was how much time the conservative justices devoted to pure policy arguments. These justices dislike affirmative action for a whole lot of deep emotional reasons that, it turns out, have nothing to do with the Constitution. They barely even considered the meaning 14th Amendment until Justice Elena Kagan finally brought it to their attention two and a half hours into the UNC arguments. Kagan, along with Justices Ketanji Brown Jackson and Sonia Sotomayor, were vastly more interested in the history of the Constitution’s equal protection clause than their ostensibly originalist colleagues. If and when the supermajority does eradicate race-conscious admissions, everyone will be able to weigh the strength of their arguments. But no one should pretend the decision was remotely rooted in actual law.

The history of affirmative action at the Supreme Court is not particularly complicated. In 1978’s Bakkedecision, a majority found that universities could consider race to build a diverse student body, identifying educational benefits that flow from diversity. At the same time, a majority prohibited quotas and other rigid metrics that reduced applicants to their race, requiring universities to undertake a holistic review of each applicant. The Supreme Court affirmed this principle in 2003’s Grutter v. Bollinger and again 2016’s Fisher v. Texas.

Although these cases involve both public and private institutions, the Supreme Court has consistently held that federal law simply applies the equal protection clause to private universities that receive federal funds. So, in theory, the justices should’ve been debating the meaning of the Constitution. Instead, the conservative justices continually reverted to free-floating policy discussions about how affirmative action makes them feel. (Hint: they feel bad.)

John Roberts has also put a hold on releasing Trump’s taxes to Congress. The Washington Post: Chief Justice Roberts temporarily delays release of Trump tax records.

Chief Justice John G. Roberts Jr. on Tuesday temporarily halted the release of former president Donald Trump’s tax records to a congressional committee, and called for more briefing in the case.

Without the Supreme Court’s intervention, the records could have been handed over to the House Ways and Means Committee as early as Thursday.

Last week, the full U.S. Court of Appeals for the D.C. Circuit declined to review earlier rulings finding that lawmakers are entitled to the documents in the long-running legal battle. The court also said it would not put the release of the papers on hold while Trump’s lawyers sought Supreme Court review.

Roberts, the justice designated to hear emergency orders from that court, put the release on hold and called for a response from the committee by noon on Nov. 10. A committee spokeswoman said in a statement, “The Ways and Means Committee maintains the law is on our side, and will file a timely response as requested. Chairman [Richard E.] Neal (D-Ma.) looks forward to the Supreme Court’s expeditious consideration.” [….]

The Supreme Court generally has not been receptive to Trump’s assertions that he should be allowed to keep records private and that he was immune to investigation while in office. The justices in 2020 upheld Congress’s right to subpoena that information with some limitations, and last year declined to block the release of Trump’s financial records for a New York state investigation.

I hope this really is just temporary.

A_Forest_Stream_by_Peder_Mork_Monsted

A Forest Stream, by Peder Mork Monsted

Finally, it looks as if Elon Musk is about as competent to take over Twitter as Trump was to be POTUS. Rebecca Kern at Politico: Musk’s Twitter: ‘This is exactly what many of us were worried about.’

A day after Elon Musk seemed to confirm critics’ worst fears about his ownership of Twitter by tweeting out right-wing misinformation from his personal account, political leaders and operatives wrestled with a loaded question: Would the most important social-media platform in the political world survive his ownership?

And if it did, should they stay on it?

“This is exactly what many of us were worried about,” said Mark Jablonowski, the managing partner of Democratic digital advertising firm DSPolitical.

Rep. Jan Schakowsky (D-Ill.), who chairs the House Energy and Commerce panel on consumer protection, said she was worried about Twitter becoming “a platform that is a sewer of hateful and harmful content” and planned to leave if Musk allowed it to become more of a Wild West.

The immediate anxiety comes from a false story about the brutal attack on Paul Pelosi, husband of House Speaker Nancy Pelosi, that Musk personally tweeted over the weekend. Musk has now deleted the tweet, but the story continues to ricochet around the conservative political world.

In the larger sense, political players are worried that Musk’s promises to bring Twitter’s policies closer in line with his own ideas about politics and society, as well as his firing of its top accountability executives, will permanently change a platform they’ve come to rely on, and trust to police misinformation and hate speech.

Musk has left no doubt who’s in charge of the company since he took Twitter private Thursday night. He renamed himself “Chief Twit” on his official bio, and told the Securities and Exchange Commission that he dissolved the board and named himself sole director.

Musk doesn’t understand that what makes Twitter so popular is the well known journalists, experts, and popular personalities who post content on the platform. Now he wants to charge these people for being verified with blue checks. The Hollywood Reporter: Elon Musk Defends Controversial $20 Blue Checkmark Twitter Plan to Stephen King.

Elon Musk has responded to Stephen King’s horrified reaction at his reported plan to charge for a blue checkmark — and in the process, confirmed that the surprising and controversial idea is in the works.

On Monday, King went viral with his reaction to a report that Musk wanted to charge verified users a whopping $20 per month to keep their blue checkmarks. “$20 a month to keep my blue check?” King tweeted to his 6.9 million followers. “Fuck that, they should pay me. If that gets instituted, I’m gone like Enron.” When a reader told King he could afford the fee, he replied, “It ain’t the money, it’s the principle of the thing.”

Henri Manguin

Trees, by Henri Manguin

Five Thirty Eight political guru Nate Silver similarly wrote to his 3.5 million followers: “I’m probably the perfect target for this, use Twitter a ton, can afford $20/mo, not particularly anti-Elon, but my reaction is that I’ve generated a ton of valuable free content for Twitter over the years and they can go fuck themselves.”

Early Tuesday, Musk responded to the uproar, replying to King: “We need to pay the bills somehow! Twitter cannot entirely rely on advertisers. How about $8?” Musk then added: “I will explain the rational in longer form before this is implemented. It is the only way to defeat bots & trolls.”

But critics have pointed out that verified accounts are not simply a free perk for a certain level of user, but rather a utility that makes the wild-west social media platform/hellscape more credible. Blue checks help everyday readers — as well as journalists — determine whether a comment being made by a public figure is actually from that person instead of their fans or impersonators. It is, in other words, a way of preventing fake news. TechCrunch dubbed Musk’s idea a potential “misinformation nightmare.”

“Musk and his buddies view this plan as a way to get people to actually give Twitter money,” TechCrunch noted. “But by monetizing a symbol that currently has value, they will ultimately remove all of that existing value.”

I’ll end there. Please share your thoughts on these and other current happenings. I hope you all have a great Tuesday!!


Lazy Caturday Reads

Peter Harskamp

By Peter Harskamp

Happy Caturday, Sky Dancers!!

There’s a crazy Qanon-related event going on in Pennsylvania right now that is getting very little media coverage. I only learned about it from Twitter posts by Ron Filipkowski, a “Fmr Fed Prosecutor & Repub; now Defense Att & Democrat” from Florida who focuses his Twitter feed on on exposing the insanity of the far right.

The event is part of Michael Flynn’s “Reawaken America Tour.” The guests include a “who’s who” of crazy right wing religious nuts and Trump followers. Eric Trump is appearing at the meeting that is going on now in Lancaster, PA, and Trump himself even made a brief appearance by phone.

From yesterday’s PennLive: ReAwaken America tour hits Lancaster, and the audience finds uplift amid the angst.

If you’ve never been it’s hard to explain exactly what the “ReAwaken America” tour, which rolled into Spooky Nook event center outside Lancaster Friday, actually is.

It is part political rally for sure, especially in the month before a national mid-term election: Attendees repeatedly were reminded of the need to create a political wave coming that drives Democrats and weak Republicans from office this fall.

They even delighted in a minute or so with former President Donald J. Trump, who took a cellphone call from his son, Eric, during Eric’s mainstage presentation.

“We love you all,” the former president said to his unseen fans and followers. “And we’ll be back doing things that… We’re going to bring this country back because our country’s never been in such bad shape as it is now.”

It is part Christian crusade: The program is peppered with charismatic pastors from around the country, all of whom in one way or another called on the audience to take up arms – metaphorically speaking – in a spiritual war between good and evil.

Vladimir Dunjić - Serbian painter, 1957

By Vladimir Dunjić – Serbian painter, 1957

Good, in this barnstorming roadshow produced by Oklahoma entrepreneur Clay Clark, is the vision of an America built on its traditional Judeo-Christian heritage; one where there are only two genders, schools stick to Reading, Writing and Arithmetic, and everyone has the freedom to get vaccines or wear masks if, when and where they want.

The mantle of Christian Nationalism was repeatedly and lustily cheered Friday….

Evil, generally speaking, is assigned to a loosely-organized coalition of tech, business, media and government leaders whose success is determined by their ability to make money and lord over a passive population.

PBS’s Frontline and AP have been investigating this right-wing “christian” movement and filming a documentary: Michael Flynn’s ReAwaken Roadshow Recruits ‘Army of God.’

By the time the red, white and blue-colored microphone had been switched off, the crowd of 3,000 had listened to hours of invective and grievance.

“We’re under warfare,” one speaker told them. Another said she would “take a bullet for my nation,” while a third insisted, “They hate you because they hate Jesus.” Attendees were told now is the time to “put on the whole armor of God.” Then retired three-star Army general Michael Flynn, the tour’s biggest draw, invited people to be baptized….

Flynn warned the crowd that they were in the midst of a “spiritual war” and a “political war” and urged people to get involved.

ReAwaken America was launched by Flynn, a former White House national security adviser, and Oklahoma entrepreneur Clay Clark a few months after the Jan. 6 insurrection at the U.S. Capitol failed to overturn the results of the 2020 presidential election. Attendees and speakers still insist — against all evidence and dozens of court rulings — that Donald Trump rightfully won.

Fabrice Backes, 1968, French artist

Fabrice Backes, 1968, French artist

Since early last year, the ReAwaken America Tour has carried its message of a country under siege to tens of thousands of people in 15 cities and towns. The tour serves as a traveling roadshow and recruiting tool for an ascendant Christian nationalist movement that’s wrapped itself in God, patriotism and politics and has grown in power and influence inside the Republican Party.

In the version of America laid out at the ReAwaken tour, Christianity should be at the center of American life and institutions. Instead, it’s under attack, and attendees need to fight to restore the nation’s Christian roots. It’s a message repeated over and over at ReAwaken — one that upends the constitutional ideal of a pluralist democracy. But it’s a message that is taking hold.

A poll by the University of Maryland conducted in May found that 61% of Republicans support declaring the U.S. to be a Christian nation.

This is from PBS News Hour, September 7, 2022: Former Trump adviser Michael Flynn ‘at the center’ of new movement based on conspiracies and Christian nationalism.

BATAVIA, N.Y. (AP) — The crowd swayed on its feet, arms pumping, the beat of Twisted Sister’s “We’re Not Gonna Take It” thumping in their chests. The people under the revival tent hooted as Michael Flynn strode across the stage, bopping and laughing, singing the refrain into his microphone and encouraging the audience to sing along to the transgressive rock anthem….

The retired lieutenant general, former national security adviser, onetime anti-terrorism fighter, is now focused on his next task: building a movement centered on Christian nationalist ideas, where Christianity is at the center of American life and institutions.

Flynn brought his fight — a struggle he calls both spiritual and political — last month to a church in Batavia, New York, where thousands of people paid anywhere from a few dollars to up to $500 to hear and absorb his message that the United States is facing an existential threat, and that to save the nation, his supporters must act.

Flynn, 63, has used public appearances to energize voters, along with political endorsements to build alliances and a network of nonprofit groups — one of which has projected spending $50 million — to advance the movement, an investigation by The Associated Press and the PBS series “Frontline” has found. He has drawn together election deniers, mask and vaccine opponents, insurrectionists, Proud Boys, and elected officials and leaders in state and local Republican parties. Along the way, the AP and “Frontline” documented, Flynn and his companies have earned hundreds of thousands of dollars for his efforts.

The AP and “Frontline” spoke with more than 60 people, including Flynn’s family, friends, opponents, and current and former colleagues, for this story. The news organizations also reviewed campaign finance records, corporate and charity filings, social media posts and similar open-source information, and attended several public events where Flynn appeared. Reporters examined dozens of Flynn’s speeches, interviews and public appearances. Flynn himself sat down for a rare on-camera interview with what he calls the mainstream media.

Click the link to read about the Flynn interview and some of what he had to say.

Dreaming, by Didier Lourenço, Spanish

Dreaming, by Didier Lourenço, Spanish

On October 19, The Philadelphia Inquirer published an op-ed by Rev. Jennifer Butler, who attended one of these crazy events: ReAwaken America proves that Christian nationalism isn’t Christian.

It was August, and I was in the midst of thousands of far-right faithful who had flocked to Batavia, N.Y., halfway between Buffalo and Rochester, for a two-day event. The headliners were Christian nationalist pastors and former Trump official, Michael Flynn.

The ReAwaken America Tour is currently working its way across America to reawaken Christian nationalism, and it will stop just before midterms in Manheim, Pa., fromOct. 21-22, and feature Pennsylvania’s gubernatorial candidate, Doug Mastriano.

As a Christian pastor who went to Batavia at the invitation of deeply concerned local faith communities, the clerical collar and cross around my neck were my passport into this strange world. I was deeply concerned by what I saw.

The ReAwaken America speeches touted antisemitic, racist, sexist, and homophobic beliefs in the name of Christianity. Speeches were rife with apocalyptic and polarizing predictions of God’s vengeance befalling a wide range of opponents, including the founder of the World Economic Forum, President Joe Biden, and New York Attorney General Leticia James, who had written a letter to the tour’s local host, Pastor Paul Doyle, voicing concern that this event could spur violence. In the parking lot, I spotted a bus painted with the words “Patriot Street Fighter,” along with an image of a man in body armor with a bludgeon in his hand and the words “Get in the Fight” written in the red font of horror movies.

These ReAwaken “revivals” are one of the increasing attempts to mainstream Christian nationalism, a radical political ideology built on the myth that the American republic was founded as a Christian nation and must remain that way. The message is taking hold: 61% of Republicans now support declaring the U.S. a Christian nation.

Christian nationalism is not new. It has been present since our nation’s founding. Its resurgence in recent years is buoyed by politicians like Donald Trump, and business and political allies who seek to consolidate power by manipulating large swaths of mostly white Christians, sowing division and discontent. And violence.

Its recycled conspiracy theories have motivated recent deadly domestic terrorist attacks that targeted Jews in a Pittsburgh synagogue, African Americans at a bible study in Charleston, S.C., and a grocery store in Buffalo, N.Y., Latinos shopping in El Paso, Texas, and Sikhs at worship in Oak Creek, Wisc.

Read the rest at the link.

In other news, the justice system is closing in on Trump.

The Washington Post: Fraud-related criminal trial against Trump Organization to start Monday.

NEW YORK — Trump Organization, former president Donald Trump’s namesake company, is set to go on trial Monday for alleged tax crimes — the result of a lengthy investigation into the company and its executives related to fraud and other potentially illegal business practices.

Kira Panina, WhimsicalTrump is not charged personally and the portion of the investigation for which he still could face criminal charges is not yet concluded by Manhattan District Attorney Alvin Bragg’s investigators….to date, the only charges filed have been against the Trump Organization, its subsidiary Trump Payroll Corporation and its longtime Chief Financial Officer Allen Weisselberg.

Weisselberg in August pleaded guilty to 15 countstied to an alleged longtime fraud scheme within the organization and is required to testify in the criminal trial as part of a plea agreement.

Prosecutors say the case focuses on what they describe as a 15-year tax cheating scheme involving untaxed benefits like luxury cars and expensive apartments for company executives including Weisselberg, who has been painted as the linchpin to the tax avoidance operation. Weisselberg began his employment at the Trump Organization in 1973.

Before rising to chief financial officer, Weisselberg, a career Trump Organization employee, was an accountant and comptroller. Weisselberg was among a set of executives who “received substantial portions of their income through indirect and disguised means,” according to an indictment that was filed on July 1, 2021….

Weisselberg, who had been slated to stand trial alongside the corporate entity, was promised a sentence of five months in jail if he testifies against the company. He had been facing up to 15 years in prison.

The company is alleged, under Weisselberg’s supervision, to have maintained two sets of books in an effort to conceal the perks that he and others received as compensation. He personally avoided paying $900,000 in taxes based on underreporting of compensation.

There’s more information at the link.

This is from Raw Story–a summary of a Bloomberg story that is behind a paywall: Revealed: Trump employee agreed to plead guilty and tell the truth in Trump Org case — to avoid prison

Weisselberg — who was responsible for the company’s finances during the period being examined — accepted a guilty plea in an effort to stay out of prison for an extended time, but is expected to spill the beans on how the company operated, with a focus on perks provided to top executives provided in such a way as to avoid federal taxes at the behest of Donald Trump.

As Bloomberg’s Greg Farrell wrote, “Trump is not on trial in the case, brought by the Manhattan district attorney’s office, and if the company is found guilty, it would have to pay back taxes and fines totaling about $1.6 million. A conviction of Trump Corp. and Trump Payroll Corp., the two entities charged, wouldn’t put the parent company out of business. But it will be the first trial involving the firm since Trump left office.”

According to former U.S attorney Barbara McQuade, “The world is about to see just how the Trump Organization ran its business.”

She added, “This is a significant case. The criminal charges are against Trump’s corporation, which is a small private company, but Donald Trump is the Trump Organization.”

Noting that Trump is already involved in a $250 million real estate fraud case filed by New York Attorney General Letitia James, Farrell added that, in this case, “Weisselberg, 75, agreed this summer to plead guilty to 15 charges in exchange for a maximum jail term of five months. He is required to testify truthfully, or the deal is off and he could face years in prison.”

Natsuo Ikegami, Japanese artist

By Natsuo Ikegami, Japanese artist

It looks like Trump is in deep trouble in the election interference case against him in Georgia. From Jonathan Swan at Axios: Exclusive: Emails reveal warning to Trump team about fraud claims.

A senior White House lawyer expressed concerns to President Trump’s advisers and attorneys about the president signing a sworn court statement verifying inaccurate evidence of voter fraud, according to emails from December 2020obtained by Axios.

Why it matters: The emails shed new light on a federal judge’s explosive finding Wednesday that Trump knew specific instances of voter fraud in Georgia had been debunked, but continued to tout them both in public and under oath.

—  While the judge’s opinion stemmed from litigation related to the House’s Jan. 6 committee, the Justice Department is also conducting a criminal investigation into Trump and his allies’ scheme to stop Congress from certifying Joe Biden’s Electoral College victory.

—  Eric Herschmann, the former White House lawyer who cautioned Trump’s outside attorneys about the inaccurate allegations of voter fraud in Georgia, was subpoenaed this summer to testify in the DOJ investigation.

You’re likely already familiar with this:

Background: U.S. District Court Judge David Carter is presiding over the House Jan. 6 committee’s attempt to subpoena communications from conservative lawyer John Eastman, one of the architects of the scheme to overturn the election.

   —  After a review of hundreds of emails that Eastman claimed were privileged, Judge Carter determined some should be turned over to the Jan. 6 committee — finding they were “sufficiently related to and in furtherance of a conspiracy to defraud the United States.”

   — In one email cited in Judge Carter’s opinion, Eastman told Trump’s team that the president had been made aware that some of the allegations and evidence of voter fraud used in a Georgia election lawsuit were inaccurate.

   — That suit was later moved to federal court. “For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate,” Eastman wrote, according to the judge’s order.

This is a very long article for Axios, so head over there if you want to know more.

That’s all I have for you today. Have a great weekend everyone!!


Fabulous Friday Reads

Portrait of a woman reading in bed, Nicoline Tuxon, Danish painter

Portrait of a woman reading in bed, Nicoline Tuxon, Danish painter

Good Morning Sky Dancers!!

Steve Bannon is in court for his sentencing hearing right now. I’m keeping an eye out for the final decision, but so far Judge Carl Nichols has said he will have to serve at least a month in prison because that is the mandatory minimum sentence for contempt of Congress. The maximum is 2 years. According to CNN, the judge has called a short recess, after which he will announce the sentence. Bannon declined to speak, saying that his lawyers had spoken for him. I’ll update the post as soon as I learn Judge Nichols’ final decision.

UPDATE: Bannon sentenced to 4 months in prison. Obviously, he will appeal his conviction. From Yahoo News: Steve Bannon sentenced to 4 months in prison for criminal contempt of Congress.

WASHINGTON — Steve Bannon, ex-White House strategist and adviser to former President Donald Trump, was sentenced Friday to four months in federal prison and a $6,500 fine for refusing to appear before the House select committee investigating the Jan. 6, 2021, assault on the U.S. Capitol.

U.S. District Court Judge Carl Nichols sentenced Bannon to four months each on two counts of criminal contempt of Congress, but the prison terms will be served concurrently.

A jury found Bannon guilty of the charges in July of two counts of criminal contempt — one for refusing to appear for a deposition before the panel and the other for refusing to produce requested documents. Each count carries a minimum potential sentence of 30 days and a maximum of one year in jail, as well as a fine of $100 to $1,000.

Federal prosecutors sought six months in jail, while Bannon’s attorneys asked the court for probation.

Trump’s legal problems continue to escalate. Down in Georgia, former White House Counsel Pat Cippolone, and form George Senator Kelly Loeffler have each testified to the grand jury in the election interference case, and Lindsey Graham has been ordered to testify as well. And Trump crony Kash Patel has testified to the grand jury in stolen documents case.

CNN: Former White House Counsel Pat Cipollone, former US Sen. Kelly Loeffler testify to grand jury in Georgia investigating 2020 election interference.

Prosecutors in Georgia have secured grand jury testimony from two prominent witnesses – former US Sen. Kelly Loeffler and former White House Counsel Pat Cipollone – in their investigation into efforts to overturn the 2020 election results in that state, sources familiar with the matter tell CNN.

Laurits Tuxon, Portrait of his daughter looking at some drawings

Laurits Tuxon, Portrait of his daughter looking at some drawings

Their grand jury appearances in recent months, which have not been previously reported, highlight the wide-ranging investigation underway as Fulton County District Attorney Fani Willis probes efforts by former President Donald Trump and his allies to try to keep him in power.

Cipollone was the top White House lawyer at the end of the Trump administration and attended some of the meetings where Trump and his allies discussed ways to subvert the election results. He was among the former President’s advisers who pushed back along with the Justice Department, which found no evidence to support the claims of widespread fraud.

Cipollone has provided testimony to the House select committee investigating the January 6, 2021, attack on the US Capitol, as well as to a federal grand jury in the Justice Department’s criminal investigation, where he invoked Trump’s privilege claims to decline to answer some questions. He declined to comment on questions about the grand jury.

The revelation that Loeffler testified before the grand jury comes as hundreds of Loeffler’s text messages have surfaced, revealing new details about the Georgia Republican’s correspondence about efforts to challenge the election in the months leading up to and immediately following the January 6, 2021, attack on the US Capitol.

More details at the CNN link.

The Washington Post: Lindsey Graham must testify in 2020 election investigation, court rules.

Sen. Lindsey O. Graham (R-S.C.) must appear before a Georgia grand jury investigating possible attempts by President Donald Trump and his allies to disrupt the state’s 2020 presidential election, a federal appeals court said Thursday.

Graham’s lawyers had asked the court to block a subpoena from Fulton County District Attorney Fani Willis (D), claiming that a sitting senator is shielded from such investigations. But a three-judge panel of the U.S. Court of Appeals for the 11th Circuit denied Graham’s request and upheld a lower-court ruling narrowing the range of questions prosecutors can ask.

“Senator Graham has failed to demonstrate that this approach will violate his rights under the Speech and Debate Clause,” the order states, referring to the constitutional provision that protects lawmakers from being questioned about legislative activity.

Graham can ask the full appeals court to reconsider the order or ask the Supreme Court to intervene….

Willis wants to question Graham about calls he made to Georgia election officials soon after Trump lost the election to Joe Biden. Prosecutors say Graham has “unique knowledge” about the Trump campaign and the “multistate, coordinated efforts to influence the results” of the 2020 election in Georgia and elsewhere.

Graham’s legal team has said in court filings that his actions were legitimate legislative activity protected by the Constitution’s “speech and debate clause.”

Nikolai Bogdanov-Belsky, The schoolgirl reading by lamplight

Nikolai Bogdanov-Belsky, The schoolgirl reading by lamplight

CNN: Trump adviser Kash Patel has appeared before grand jury in Mar-a-Lago document probe.

Kash Patel, a top adviser to former President Donald Trump who has been deeply involved in disputes over classified records Trump kept from his presidency, appeared recently before the federal grand jury looking into the handling of documents at Mar-a-Lago, sources familiar with the matter tell CNN.

Patel spent several hours throughout the morning of October 13 before a grand jury at the US courthouse in Washington, DC. But it’s not clear if Patel answered the grand jury’s questions or declined to respond citing his Fifth Amendment protections, which is within his rights.

He is one of a handful of advisers around Donald Trump after his presidency who could have legal risk related to the Mar-a-Lago situation, according to court records and the sources, though it’s unclear if he is a target of the Justice Department probe. Patel served as a national security and defense official during the administration, and this summer became one of Trump’s designees to interact with the National Archives and the Justice Department as both agencies have tried to repossess classified records Trump kept from his presidency.

He has claimed in media interviews he personally witnessed Trump declassifying records before he left the presidency, and has argued he should be able to release classified information….

CNN spotted Patel walking the halls of the federal courthouse mid-morning last Thursday, remaining in the grand jury area for several hours until about 1 p.m. One of his attorneys, Stanley Woodward, ducked out of the ongoing Oath Keepers trial where he is a defense attorney for another defense client to escort Patel, wearing a bold red plaid jacket, down from the grand jury meeting area and out of the building. When asked at the courthouse by CNN, Woodward refused to say what Patel’s matter was about, and only confirmed that he represented the Trump adviser.

Read more at CNN.

Amanda Marcotte has a good article at Salon about the mainstream media’s election coverage: Please, media, stop pitting abortion against inflation — Republicans suck on both issues.

Cable news in the weeks before an election is the ninth circle of hell. For proof, look no further than the way MSNBC subjected Georgia’s Democratic gubernatorial candidate Stacey Abrams to an interview by 79-year-old white guy plagiarist and organized crime apologist Mike Barnicle. Abrams, whose only crime is being a “Star Trek” nerd who wants Georgia to suck less, was subjected to this crotchety fraud demanding she stop talking about abortion rights so much, arguing that what voters supposedly care about is “the cost of gas, food, bread, milk, things like that.” Because, as all old men who have never changed a diaper know, having and raising babies is totally free, unlike a gallon of gasoline.

ruby-ring-thomas-linker

The Ruby Ring, by Thomas Linker

Abrams handled the question as well as she could, pointing out that you “can’t divorce being forced to carry an unwanted pregnancy from the economic realities of having a child.” She went on to outline her plans to help Georgians with rising housing prices and other economic problems. But as much as it’s fun to kick around Barnicle for being out of touch, the sad truth is the false premise of his question is endemic throughout the mainstream media coverage of the 2022 midterm elections. Everywhere you turn, pundits and reporters are treating this election as if it’s a choice between fighting inflation and protecting abortion rights.

This is, and it cannot be stressed enough, total hooey. When it comes to the ballot box, there is absolutely no trade-off between reproductive rights and the economy. Either way, voting Republican is bad: Bad for the economy, bad for abortion rights. Pretending otherwise is misleading to the point of outright dishonesty. 

To say Republicans have no plan to fight inflation if they retake Congress is really an understatement. They have nothing concrete to offer about the issue beyond using it as a stick to beat Democrats with. The second polls close on Election Day, all GOP interest in relieving Americans’ economic woes will dry up.

We know this because Republicans aren’t even being subtle about their future plans, which most definitely do not involve giving a fig about inflation. As Heather “Digby” Parton wrote for Salon on Wednesday, Republicans are largely plotting to gin up fake scandals to demonize President Joe Biden. And that’s the best-case scenario.

Read the whole thing at Salon. It’s excellent.

President Joe Biden made the same point yesterday. Susan Glasser at The New Yorker: Joe Biden’s Walk-and-Chew-Gum Campaign.

For most of President Joe Biden’s tenure, Fox News’s Peter Doocy has played the role of pressroom scourge. A barbed question so nettled Biden back in January that the President was caught on a live microphone calling him a “stupid son of a bitch,” for which he quickly called Doocy to apologize. That specific query is the same one that still haunts Biden’s Presidency and his party today: “Do you think inflation is a political liability ahead of the midterms?” The answer, then and now, can be nothing other than the blindingly obvious: yes.

Doocy, at the tail end of a White House photo opportunity. With less than three weeks to go before the midterm elections, the President was signing an order to release fifteen million more barrels of oil from the Strategic Petroleum Reserve. “It’s not politically motivated at all,” Biden insisted, though even the most diehard Democrat would have a hard time seeing the move as anything other than a last-ditch effort to stop gas prices at the pump from rising further before the vote. Republicans were quick to pounce: Was this the kind of strategic use for which the stockpile was intended?

As Biden stood to leave, Doocy shouted a question. “Top domestic issue: Inflation or abortion?” he asked.

“They’re all important. Unlike you, there’s no one thing,” Biden retorted. “We oughta be able to walk and chew gum at the same time.”

In The Book Store Painting Irina Sztukowski

In The Book Store, by Irina Sztukowski

Finally, The Washington Post has an exclusive on Elon Musk’s plans to destroy Twitter if he manages to buy it: Documents detail plans to gut Twitter’s workforce.

Twitter’s workforce is likely to be hit with massive cuts in the coming months, no matter who owns the company, interviews and documents obtained by The Washington Post show, a change likely to have major impact on its ability to control harmful content and prevent data security crises.

Elon Musk told prospective investors in his deal to buy the company that he planned to get rid of nearly 75 percent of Twitter’s 7,500 workers, whittling the company down to a skeleton staff of just over 2,000.

Even if Musk’s Twitter deal falls through — and there’s little indication now that it will — big cuts are expected: Twitter’s current management planned to pare the company’s payroll by about $800 million by the end of next year, a number that would mean the departure of nearly a quarter of the workforce, according to corporate documents and interviews with people familiar with the company’s deliberations. The company also planned to make major cuts to its infrastructure, including data centers that keep the site functioning for more than 200 million users that log on each day.

The extent of the cuts, which have not been previously reported, help explain why Twitter officials were eager to sell to Musk: Musk’s $44 billion bid, though hostile, is a golden ticket for the struggling company — potentially helping its leadership avoid painful announcements that would have demoralized the staff and possibly crippledthe service’s ability to combat misinformation, hate speech and spam.

The impact of such layoffs would likely be immediately felt by millions of users, said Edwin Chen, a data scientist formerly in charge of Twitter’s spam and health metrics and now CEO of the content-moderation start-up Surge AI. He said that while he believed Twitter was overstaffed,the cuts Musk proposed were “unimaginable” and would put Twitter’s users at risk of hacks and exposure to offensive material such as child pornography.

“It would be a cascading effect,” he said, “where you’d have services going down and the people remaining not having the institutional knowledge to get them back up, and being completely demoralized and wanting to leave themselves.”

Twitter is where I go to get the very latest breaking news, but I guess the days of being able to do that are numbered.

What are your thoughts on these stories? What else is on your mind today?