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?


Lazy Caturday Reads

Johann Benjamin Ehrenreich (1733 or 1739–1806

Portrait of his pet cat by Johann Benjamin Ehrenreich (1733 or 1739–1806

Happy Caturday!!

We are living in perilous times. Thanks to Trump’s enabling of U.S. Neo-Nazis, we’re learning that these toxic groups are everywhere–even here in ultra-blue Massachusetts. Back in July, about 100 members of a white supremacist group called Patriot Front marched through downtown Boston in matching outfits, their faces concealed by masks. It was quite a shock to local law enforcement and city leaders.

From The Boston Globe, July 23, 2022: The white-nationalist Patriot Front is getting bigger, and more visible, in New England.

Internal videos released this year by a nonprofit media groupshowed Patriot Front members in action—boxing in the woods in Sutton, spray-painting graffiti in Quincy, draping their banner from a Storrow Drive overpass in Boston, slapping on stickers in Providence’s Waterplace Park.

Despite New England’s reputation as a deeply blue region, those who’ve studied Patriot Front say that its local faction is among the group’s most active nationally, along with Virginia and Texas, where several of its leaders are based. The group, rooted in a notorious far-right rally in Virginia in 2017, is finding a receptive audience for its white supremacist ideology among certain young men — and has targeted colleges for recruitment.

In fact, there have been hundreds of incidents involving Patriot Front members in Massachusetts and Rhode Island this year alone, according to statistics compiled by the Anti-Defamation League. In addition, at least ninePatriot Front members or associates from across the region have faced charges stemming from their work for the group.

“These extremists perceive New England to have favorable racial demographics, which supposedly presents more opportunities to find like-minded people,”said Jeff Tischauser, a senior research analyst with the Southern Poverty Law Center, in an e-mail. “Extremists around the U.S. also take inspiration from New England history before, during, and immediately after the American Revolution.”

The July 2 march in Boston, which caught law enforcement and much of the public by surprise, represented something of a coming out party for the organization in New England, drawing members from all over the country to the city’s streets on a bustling holiday weekend. The noisy march of young white men banging drums and hoisting Patriot Front flags along the city’s storied Freedom Trail made national headlines and drew a sharp rebuke from Mayor Michelle Wu.

So I guess it shouldn’t be that surprising to learn that a police officer in Woburn, Massachusetts is a Neo-Nazi with ties to white supremacist leader Richard Spencer. Somehow John Donnelly was able to keep it a secret until he was smoked out by an anti-fascist group called Ignite the Right. Here’s the beginning of Twitter thread they posted. You can see the rest on Twitter.

Christopher Mathias at HuffPo: He Marched At The Nazi Rally In Charlottesville. Then He Went Back To Being A Cop.

A Massachusetts police officer attended the deadly “Unite the Right” rally in Charlottesville, Virginia, five years ago and acted in key security and planning roles, HuffPost has confirmed. He also used an alias to post racist and antisemitic comments online. The officer, John Donnelly, was still an active-duty member of the police force until Thursday, shortly after HuffPost inquired about his status with the department and role in the deadly white supremacist rally.

Donnelly, 33, was a patrolman for the Woburn Police Department near Boston, where he has been employed since 2015.

But on the morning of Aug. 12, 2017, Donnelly could be seen on video arriving at the Charlottesville rally with Richard Spencer, a prominent white supremacist for whom Donnelly was apparently acting as a security guard. Spencer, Donnelly and a coterie of other suit-and-tie fascists worked their way into a city park where they held court beneath a statue of Confederate Gen. Robert E. Lee, posing for photos and talking into livestreams.

Donnelly was among hundreds of white supremacists who invaded the university town. His fellow attendees violently attacked counterprotesters, with one neo-Nazi driving his car into a crowd of anti-fascists, killing a 32-year-old woman and injuring 19 others. That evening, Donnelly went to a party at a house near Charlottesville, where he joined in a celebration of the day’s events.

Donnelly then returned to Massachusetts and resumed his job as a cop.

His white supremacist activism and involvement in the Charlottesville rally has gone unknown for five years, during which time Donnelly — while still working as a police officer — became the president of a “back the blue” nonprofit raising money for law enforcement, as well as an award-winning real estate agent whose face is featured on a massive billboard in Woburn, a Boston suburb.

But last month, an anti-fascist collective called Ignite the Right provided HuffPost with evidence showing Donnelly attended the Charlottesville rally and connecting him to a series of deeply alarming messages posted online in which he advocated violence against leftists and minority groups.

HuffPo contacted the Chief of Police in Woburn, and Donnelly is now out of a job. Read about how Ignite the Right identified this secret Nazi at the link above.

Still Life with Cat, Mary Fedden, R.A.

Still Life with Cat, Mary Fedden, R.A.

Here’s a follow-up story, also from Christopher Mathias at HuffPo: District Attorney To Review All Cases Handled By Cop Who Planned Charlottesville Nazi Rally.

A Massachusetts prosecutor has promised to review all cases handled by police Officer John Donnelly after a HuffPost report exposed Donnelly’s role in planning the deadly 2017 white supremacist rally in Charlottesville, Virginia.

Middlesex County District Attorney Marina Ryan announced Friday that her office is now “thoroughly reviewing any pending or closed cases” in which Donnelly, a patrolman in Woburn, Massachusetts, was involved.

“We will be issuing a discovering notice disclosing this matter to defense counsel on those cases,” Ryan said in a statement. “That notice has already been added to our publicly available list of officers subject to exculpatory evidence disclosure.” [….]

On Thursday, HuffPost published a report detailing how Donnelly, 33, was among hundreds of white supremacists who descended on Charlottesville in August 2017 for a “Unite the Right” rally, terrorizing the town while chanting slogans such as “Jews will not replace us” and violently attacking counterprotesters….

Donnelly attended the rally as a bodyguard for Richard Spencer, a prominent white supremacist. Leaked chat logs from a neo-Nazi Discord server show Donnelly played an integral part in planning the weekend’s events.

The messages Donnelly posted on Discord show he may have belonged to the white supremacist group Identity Evropa. His messages were also full of racist and antisemitic slurs, and at times they advocated violence against leftists and minorities.

I usually don’t share local stories, but this is likely the tip of the iceberg. There are very likely many more police officers like Donnelly everywhere in the U.S. I suppose they were always there, but Trump has enabled them and given them permission to act out.

In other news, Trump is facing multiple investigations and prosecutors are getting closer to the FPOTUS. Here’s the latest.

The Washington Post: Judge bucks Trump, orders Pence aide to testify to Jan. 6 grand jury.

former top aide to Vice President Mike Pence returned before agrand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter.

In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.

Calico Cat, by Agnes Bodor

Calico Cat, by Agnes Bodor

Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail….

Grand jury matters are typically secret, but The Washington Post has reported that prosecutors are working with grand jurors and looking extensively at the actions of Trump and his advisers in the period between the November 2020 election and Jan. 6, 2021. Short’s case came to light on Sept. 22 after Trump attorneys M. Evan Corcoran, Timothy C. Parlatore and Rowley were seen at federal court in Washington when there were no publicly scheduled matters, along with a lead Jan. 6 federal prosecutor, Thomas Windom.

According to people familiar with the matter, Short had appeared before a grand jury in downtown Washington in July, but declined to answer certain questions after Flood argued the communications of top White House advisers are protected — and presented written documentation from Trump’s lawyers that they were asserting executive privilege.

The Justice Department asked the court to intervene, urging Howell to override Trump’s claim and to compel Short to answer questions about his communications with Trump, one person said. After arguments Sept. 22, Howell granted the government’s motion, the people said, but because the investigation and an appeal are ongoing, it is unclear if or when a redacted opinion will become public.

How long before Pence himself has to testify?

Julia Ainsley and Ali Vitali at NBC News: Congress asks Secret Service for an account of all contacts between agency, Oath Keepers up to and on Jan. 6, 2021.

The House Committee investigating the Jan. 6, 2021, Capitol insurrection has asked the Secret Service for records of all communications between the far-right Oath Keepers group and Secret Service agents prior to and on the day of the attack, after a preliminary accounting by the agency indicated multiple contacts in 2020, according to a Secret Service spokesman.

The spokesman said the Congressional request follows a short telephonic briefing from the Secret Service to committee staff, in which the agency said an agent from its protective intelligence division had “numerous” contacts with Oath Keepers leader Stewart Rhodes and other group members prior to Trump rallies in fall 2020, but that they were all part of common practice to inform the group of security protocols to follow.

That initial briefing was prompted by federal trial testimony in which the ex-leader of the North Carolina Oath Keepers said Rhodes was in contact with a member of the Secret Service around the time of a September 2020 rally….

cat-on-fence-1956, Alex Colville

Cat on a fence, 1956, by Alex Colville

The Secret Service found that multiple members of the organization, not just Rhodes, spoke to an agent in the protective intelligence division ahead of Trump rallies, the most recent conversation coming before a Dec. 12, 2020, rally, Guglielmi said.

Guglielmi also said the initial search showed the communications were part of common practices that allow agents to tell protesters where they can and cannot be during an event and what items they are prohibited from bringing.

“They reached out concerning logistics about demonstration areas and rules for attending presidential events. This is common activity between organized groups and advance agents,” said Guglielmi.

Two Secret Service officials told NBC News once the Oath Keepers had the phone number of the member of the agency’s protective intelligence detail, they made numerous calls directly to that agent.

Maybe it was routine, maybe not. I’m taking everything the Secret Service says with a grain of salt.

Charlie Savage at The New York Times: U.S. Asks Court to End Special Master Review of Files Seized From Trump.

In a 53-page brief for the U.S. Court of Appeals for the 11th Circuit, in Atlanta, the Justice Department broadly challenged the legal legitimacy of orders last month by Judge Aileen M. Cannon, who blocked investigators from using the materials and appointed an independent arbiter to sift them for any that are potentially privileged or Mr. Trump’s personal property.

The Justice Department already succeeded in persuading a panel of the Atlanta-based court to exempt about 100 documents marked classified from Judge Cannon’s move — a decision the Supreme Court declined to overturn this week. In its new filing, the Justice Department asked the appeals court to reverse her order for the remaining 11,000 or so records.

“This court has already granted the government’s motion to stay that unprecedented order insofar as it relates to the documents bearing classification markings,” the filing said. “The court should now reverse the order in its entirety for multiple independent reasons.” [….]

The Trump legal team is due to file a brief in November. The date of any oral arguments has not yet been announced, but the appeals court has granted a Justice Department request that it expedite consideration of the case. It may rule on the appeal before Judge Cannon receives the special master’s report and rules on any contested documents.

The dispute is the opening round in the main part of the Justice Department’s appeal of the orders by Judge Cannon as part of a lawsuit Mr. Trump filed after the F.B.I. carried out a court-ordered search of his Florida club and residence, Mar-a-Lago, in August.

The Wall Street Journal: FBI Seeks Additional Information From Two Trump Aides About Mar-a-Lago Records.

Federal investigators contacted at least two aides to former President Donald Trump months before the FBI searched his Mar-a-Lago resort and have sought to talk to them again in recent weeks, people familiar with the matter said, as the Justice Department examines possible obstruction of its efforts to retrieve hundreds of government and classified documents.

Dream of a Cat - Norbertine Bresslern-Roth,1977

Dream of a Cat, by Norbertine Bresslern-Roth,1977

The aides, Walt Nauta and Will Russell, are witnesses in the Justice Department’s investigation into the handling of presidential and classified records taken from the White House but aren’t formally cooperating with the probe, the people said. Mr. Russell hasn’t personally spoken to investigators, who are communicating directly with his counsel.

Mr. Nauta, a former military valet who went to work at Mar-a-Lago after Mr. Trump left the White House, was seen on surveillance footage moving boxes from a storage room before and after investigators issued a subpoena in May seeking the documents’ return, the people said. Mr. Nauta told investigators that he did so at Mr. Trump’s request, one of the people said.

The federal interest in Mr. Russell hasn’t been previously reported. He served in the Trump White House, including as a coordinator of presidential travel, and went on to work for the former president in Florida after he left office. Mr. Russell had previously been subpoenaed in connection with the Justice Department’s investigation of the Jan. 6, 2021, riot at the U.S. Capitol. The FBI’s questioning of Mr. Nauta was earlier reported by the New York Times….

The Wall Street Journal previously reported that the extraordinary Aug. 8 search came after at least one person familiar with the stored papers told investigators there were more sensitive documents at Mar-a-Lago beyond what they had received in June through a grand jury subpoena.

Those two had better watch their backs. Now that their names are out there they’ll likely be dealing with death threats from the Trump cult.

More stories to check out:

The Washington Post: Jan. 6 video undermines Trump’s repeated efforts to blame Pelosi for Capitol security.

Op-Ed by Norman Eisen, Danielle Brian and The Jan. 6 Hearings Are Over. These 3 Things Must Happen Now.

Tom Nichols at The Atlantic: Donald Trump Tried to Destroy the Constitution. What will it take for millions of Americans to care?

The Daily Beast: Creepy Message Shows Oath Keepers’ Bloodlust for Mike Pence.

Raw Story: Former US attorney singles out the ‘criminal act’ that will lead Merrick Garland to indict Trump.

That’s all I have for today. What stories are you following?


Tuesday Reads

1-the-first-animals-franz-marc

The First Animals, by Franz Marc

Good Afternoon!!

We have gone through about 7 years of insanity with Donald Trump, first as a candidate, then as “president,” and now former “president.” At this point, it’s pretty clear that we’ll never be rid of him until he “shuffles off this mortal coil.”

During those years, I always turned to Twitter for the latest news and commentary from journalists and just plain folks. Trump made Twitter occasionally irritating, but now we face what could be an even great threat to the social media platform–a takeover by Elon Musk. And what’s coming could be even worse than I expected.

Musk plans to bring Trump back, and then there this even worse news from Vice: Elon Musk Spoke to Putin Before Tweeting Ukraine Peace Plan: Report.

Elon Musk spoke directly with Russian President Vladimir Putin before tweeting a proposal to end the war in Ukraine that would have seen territory permanently ceded to Russia, it has been claimed.

In a mailout sent to Eurasia Group subscribers, Ian Bremmer wrote that Tesla CEO Musk told him that Putin was “prepared to negotiate,” but only if Crimea remained Russian, if Ukraine accepted a form of permanent neutrality, and Ukraine recognised Russia’s annexation of Luhansk, Donetsk, Kherson and Zaporizhzhia.

According to Bremmer, Musk said Putin told him these goals would be accomplished “no matter what,” including the potential of a nuclear strike if Ukraine invaded Crimea, which Russia annexed in 2014. Bremmer wrote that Musk told him that “everything needed to be done to avoid that outcome.”

Last week, Musk posted essentially the same points on Twitter, although he suggested that the referendums in the annexed territories slammed as sham votes by Ukraine and the West be redone under supervision by the United Nations….

The Ukrainian response to Musk’s Twitter peace proposal was succinct – one diplomat told him to “fuck off,” while Ukrainian President Volodymyr Zelenskyy posted his own Twitter poll.

Meanwhile the Kremlin welcomed Musk’s “positive” proposal to end the war, while his tweets were also cited by Russian state media.

Not only will we never be rid of Trump; The new owner of Twitter apparently be channeling Putin. Terrific.

Yesterday, Russia escalated its attacks on civilians following Ukraine’s damage to a bridge connecting Russia with Crimea. The Kyiv Independent: What’s behind Russia’s unusually big missile attack on Ukraine?

Russia lashed out on Oct. 10, striking many Ukrainian cities with 84 missiles and 24 exploding drones.

The places they hit were all civilian — multiple power plants but also a children’s playground in the center of Kyiv. Most strikes seemed to be timed to the Monday morning rush hour, as if trying to kill as many commuters as possible. 

From a human rights point of view, the attacks were inexcusable and will likely be ruled as war crimes. From the battlefield perspective, the Russian armed forces just dropped hundreds of millions of dollars to achieve basically nothing….

Why has Russia chosen to do this? What was it trying to accomplish? And how long can it keep it up?

Edward Landseer's Monarch of the Glen

Edward Landseer’s Monarch of the Glen

The facile answer is that Russia was retaliating for the partial destruction of the Kerch Strait bridge on Oct. 8. But that’s just not true. It’s been hitting civilian targets since Feb. 24. Ukraine’s intelligence said that the missile strikes had been planned since the start of October.

“Strategic and long-range aviation units received orders to prepare for massive missile attacks,” the General Intelligence Directorate said in a statement. “The targets were objects of critical civilian infrastructure and the central regions of densely populated Ukrainian cities.”

The goal was to sow panic among Ukrainians. But that wasn’t the only reason. Putin also needed to appease the angry hardliners who want Russia to win the war. The war hawks demanded a massive strike just like this, in response to Russia’s humiliating losses over the past two months, to which the bridge was the exclamation point. Some of these hardliners are driven more by emotion than sense. And they will want a repeat performance.

Read the rest at the link.

Karen De Young at The Washington Post: Ukraine war at a turning point with rapid escalation of conflict.

In little more than a month, the war in Ukraine has turned abruptly from a grueling, largely static artillery battle expected to last into the winter, to a rapidly escalating, multilevel conflict that has challenged the strategies of the United States, Ukraine and Russia.

Russia’s launch of massive strikes on civilian infrastructure Monday in about a dozen Ukrainian cities far from the front lines brought shock and outrage. The strikes, which Secretary of State Antony Blinken described as “wave after wave of missiles” struck “children’s playgrounds and public parks,” left at least 14 killed and nearly 100 wounded, and cut electricity and water in much of the country….

The attacks were the latest of many head-spinning events — from Ukrainian victories on the ground to Russian President Vladimir Putin’s threat of nuclear weapons use — that have changed the nature and tempo of the war in recent weeks, and raised questions about whether the United States and its partners may have to move beyond the concept of helping Ukraine defend itself, and instead more forcefully facilitate a Ukrainian victory.

So far, the U.S. supply effort has been deliberative and process-oriented in the kinds of weapons it provides, and the speed at which it provides them, so as not to undercut its highest priority of avoiding a direct clash between Russia and the West. That strategy is likely to be part of the agenda at Tuesday’s emergency meeting of G7 leaders, and a gathering of NATO defense ministers later in the week.

U.S. officials continue to express caution about precipitous moves. “Turning points in war are usually points of danger,” said a senior Biden administration official, one of several U.S. and Ukrainian officials who spoke on the condition of anonymity to discuss policy deliberations. “You can’t predict what’s around the corner.”

Russian leaders have cited their own turning point. Viktor Bondarev, head of the foreign affairs committee of Russia’s upper house of parliament wrote in a Telegram post on Monday that the strikes were the beginning of “a new phase” of what the Kremlin calls its“special military operation” in Ukraine, with more “resolute” action to come.

Two Owls by Gustave Doré (1870)

Two Owls by Gustave Doré (1870)

Max Fisher at The New York Times: Bombing Kyiv Into Submission? History Says It Won’t Work.

Kyiv and other Ukrainian cities, follows a long line of wartime leaders who have sought to cow their adversaries by bombing enemy capitals.

Ever since Nazi Germany’s bombardment of London in World War II, enabled by the first long-range missiles and warplanes, nearly every major war has featured similar attacks.

The goal is almost always the same: to coerce the targeted country’s leaders into scaling back their war effort or suing for peace.

It typically aims to achieve this by forcing those leaders to ask whether the capital’s cultural landmarks and economic functioning are worth putting on the line — and also, especially, by terrorizing the country’s population into moderating their support for the war.

But for as long as leaders have pursued this tactic, they have watched it repeatedly fail.

More than that, such strikes tend to backfire, deepening the political and public resolve for war that they are meant to erode — even galvanizing the attacked country into stepping up its war aims.

The victorious allies in World War II did emphasize a strategy of heavily bombing cities, which is part of why countries have come to repeat this so many times since. Cities including Dresden and Tokyo were devastated, killing hundreds of thousands of civilians and forcing millions into homelessness.

Still, historians generally now argue that, even if that did play some role in exhausting those countries, it was largely because of damage to German and Japanese industrial output rather than the terror it caused. Axis countries were also aggressive in bombing enemy cities, casting further doubt on notions that the strategy could be a decisive factor on its own.

Read the rest at the NYT if you’re interested.

With the January 6 Committee hearing coming up on Thursday, this story on the Secret Service phones by NBC’s Julia Ainsley is interesting: Secret Service agents were denied when they tried to learn what Jan. 6 info was seized from their personal cellphones.

Secret Service agents asked the agency for a record of all of the communications seized from their personal cellphones as part of investigations into the events of Jan. 6, 2021, but were rebuffed, according to a document reviewed by NBC News.

The Secret Service’s office that handles such requests, the Freedom of Information Act Program, denied the request, in which agents invoked the Privacy Act to demand more information about what had been shared from their personal devices.

The request was made in early August, just after news came to light that both Congress and the Department of Homeland Security’s inspector general were interested in obtaining text messages of Secret Service agents that had been erased as part of what the agency said was a planned upgrade.

“This letter is the final response to your Privacy Act inquiry submitted on Aug. 4, 2022, for information pertaining to the release of personal cell phone information and/or other personal identifiable information (PII) by the U.S. Secret Service,” said the letter, dated last Wednesday.

“The agency has determined that regulation does not require a records disclosure accounting to be made in connection with your request,” the letter continued.

The agents’ effort to find out through an FOIA request what records were seized and the subsequent denial of the request underscore a tension between rank-and-file Secret Service agents and the agency’s leadership over what communications should be shared with investigators.

Whistlejacket, by George Stubbs

Whistlejacket, by George Stubbs

At The Washington Post, Mariana Sotomayor writes about a another new book on the Trump impeachments: New book details how McCarthy came to support Trump after Jan. 6.

In the weeks after the Senate voted to acquit Donald Trump of a charge related to the Jan. 6, 2021, insurrection, House Minority Leader Kevin McCarthy (R-Calif.) was seething.

Frustrated that Trump would not talk to him, stressed that his chance to become House speaker could be in jeopardy and furiousthat a trusted confidante had publicly disclosed a tense call between him and Trump, McCarthy snapped.

“I alone am taking all the heat to protect people from Trump! I alone am holding the party together!” he yelled at Rep. Jaime Herrera Beutler (R-Wash.) during a previously undisclosed meeting in McCarthy’s office on Feb. 25, 2021. “I have been working with Trump to keep him from going after Republicans like you and blowing up the party and destroying all our work!”

Stunned by McCarthy’s anger, Herrera Beutler began to cry. Through tears, she apologized for not telling him ahead of time that she had confirmed to the media details of a call McCarthy made to Trump on Jan. 6, 2021, urging him to tell his supporters to leave the U.S. Capitol.

“You should have come to me!” McCarthy said. “Why did you go to the press? This is no way to thank me!”

“What did you want me to do? Lie?” Herrera Beutler shot back. “I did what I thought was right.”

The tense meeting between Republican lawmakers is detailed in the new book “Unchecked: The Untold Story Behind Congress’s Botched Impeachments of Donald Trump,” by Washington Post reporter Karoun Demirjian and Politico reporter Rachael Bade, a copy of which The Post obtained ahead of its release next week. Several excerpts detail McCarthy’s state of mind from Election Day 2020 to the origination of the select committee investigating the Jan. 6 insurrection.

“McCarthy’s tirade against Herrera Beutler was just the start of what would become a GOP-wide campaign to whitewash the details of what happened on January 6 in the aftermath of the second impeachment,” the authors write.

There are more revelations about McCarthy in the WaPo story. Basically, McCarthy’s dream is to to become Speaker of the House and in pursuit of that goal he will suck up to Trump as much has he has to.

Lastly, at The Atlantic, Franklin Foer writes about why Merrick Garland will indict Trump: The Inevitable Indictment of Donald Trump.

Foer writes that, although Garland is a cautious, methodical person, he (Foer) is convinced that Trump will be indicted. Here’s why he thinks that. You’ll need to read the whole thing, but here’s an introduction to the arguments.

I have been observing Garland closely for months. I’ve talked with his closest friends and most loyal former clerks and deputies. I’ve carefully studied his record. I’ve interviewed Garland himself. And I’ve reached the conclusion that his devotion to procedure, his belief in the rule of law, and in particular his reverence for the duties, responsibilities, and traditions of the U.S. Department of Justice will cause him to make the most monumental decision an attorney general can make….

The_Kongouro_from_New_Holland_(Kangaroo) George Stubbs

The Kongouro from New Holland, by _(Kangaroo) George Stubbs

Before I lay out the reasons I believe I am correct in this assessment, I want to discuss why it is entirely possible I am not. The main reason to disbelieve the argument that Garland is preparing to indict is simple: To bring criminal charges against a former president from an opposing political party would be the ultimate test of a system that aspires to impartiality, and Garland, by disposition, is repelled by drama, and doesn’t believe the department should be subjected to unnecessary stress tests. This unprecedented act would inevitably be used to justify a cycle of reprisals, and risks turning the Justice Department into an instrument of never-ending political warfare.

And an indictment, of course, would merely be the first step—a prelude to a trial unlike any this country has ever seen. The defendant wouldn’t just be an ex-president; in all likelihood, he’d be a candidate actively campaigning to return to the White House. Fairness dictates that the system regard Trump as it does every other defendant. But doing so would lead to the impression that he’s being deliberately hamstrung—and humiliated—by his political rivals.

Garland is surely aware that this essential problem would be evident at the first hearing. If the Justice Department is intent on proving that nobody is above the law, it could impose the same constraints on Trump that it would on any criminal defendant accused of serious crimes, including limiting his travel. Such a restriction would deprive Trump of one of his most important political advantages: his ability to whip up his followers at far-flung rallies.

In any event, once the trial began, Trump would be stuck in court, likely in Florida (if he’s charged in connection with the Mar-a-Lago documents matter) or in Washington, D.C. (if he’s charged for his involvement in the events of January 6). The site of a Washington trial would be the Prettyman Courthouse, on Constitution Avenue, just a short walk from the Capitol. This fact terrified the former prosecutors and other experts I talked with about how the trial might play out. Right-wing politicians, including Trump himself, have intimated violence if he is indicted.

Trump would of course attempt to make the proceedings a carnival of grievance, a venue for broadcasting conspiracy theories about his enemies. The trial could thus supply a climactic flash point for an era of political violence. Like the Capitol on January 6, the courthouse could become a magnet for paramilitaries. With protesters and counterprotesters descending on the same locale, the occasion would tempt street warfare.

Head over the Atlantic to read the rest.

What are your thoughts on these stories? What other news are you following today?