Thursday Reads

Good Morning!!

As I was starting my day, I discovered that my internet was down. It finally came back, and I’ve been belatedly looking around at the latest news. Every day it gets crazier and crazier. Why did I ever think we could be rid of Trump if he lost the 2020 election? Fat chance. Will he ever go away? Maybe if he finally goes to prison or dies of old age. In the meantime, we’re stuck with a dangerous high profile lunatic who may have the ability to destroy not only our democracy, but also our national security.

How many of those top secret documents did Trump read or share with visitors to his office–where documents were stored in boxes and even in his desk?! What if he decides to reveal government secrets on Truth Social or in TV interviews? Some Democrats are worried he could do something that insane.

The Daily Beast: Dem Lawmakers Grow Concerned Trump May Spill State Secrets.

The damning photograph that the Department of Justice released Tuesday night, showing classified documents spread out across the carpeted floor at Mar-a-Lago, confirmed that former President Donald Trump had kept records related to intercepted communications—possibly involving secret spy satellites or surveillance aircraft.

And the sensitive nature of those secrets, coupled with Trump’s particularly unhinged behavior in recent days, has many Democratic lawmakers nervous.

In the photo released late Tuesday, some of the documents were labeled “TOP SECRET.” Others were just “SECRET.” But either way, the White House memos cautioned that they should severely limit access to details contained within. Some of the documents can be seen with the “NOFORN” marking, indicating that no foreign nationals should ever lay eyes on them.

All of the visible cover sheets warned that the contents were “HSC-P/SI/TK,” meant to signify that the secrets they held inside were strictly controlled, clandestinely captured, and involving possible aerial reconnaissance, respectively.

1200x-1Adding to the chaos, in the hours before and after that DOJ disclosure, Trump showed himself to be increasingly volatile, taking to his own social media app to share bizarre conspiracy theories about Hunter Biden’s laptop, Q-Anon cult material, and assert that the records he had are, in fact, no longer restricted.

“Thought they wanted them kept Secret? Lucky I Declassified!” Trump’s personal account posted Wednesday morning.

The implied threat is that he could, if he so desired, reveal them at any time….

“I would not leave it beyond him to do something as insane as that. When someone is cornered, they make very bad decisions, and Donald Trump is in a very bad situation right now. We don’t know what he will do,” Rep. Ted Lieu (D-CA) said in an interview with The Daily Beast.

Read remarks from several other Congresspeople at the link. Just a bit more:

The damage assessment currently underway by the office of Director of National Intelligence Avril Haines will take into account what could happen if these secrets were exposed. And the FBI has seized surveillance video footage from Mar-a-Lago that might show who handled those records without permission this past summer.

But Trump continues to rage-post online, which is why Rep. Jared Huffman (D-CA) warned that the threat is ongoing.

“Here’s what makes it truly scary: Trump is weirdly attached to all of this ‘Top Secret’ information, he constantly throws tantrums, and he has an insatiable desire for attention including on social media,” Huffman said. “Since he no longer has White House china to smash, his next tantrum might be blurting out sensitive national secrets on Truth Social, or calling his pal [Vladimir] Putin to divulge or even sell information. With anyone else these would seem like crazy scenarios, but not with Trump.”

From Andrew Feinberg at The Independent: ‘We’re gonna blind ourselves’: Ex-intel officials say Trump’s document hoarding could ruin years of work.

Former president Donald Trump’s hoarding of highly classified national defence information at the Palm Beach, Florida, home could bring about a level of damage to US intelligence operations not seen in decades, according to current and former intelligence community officials and experts who spoke to The Independent.

A Tuesday court filing from the Department of Justice laid out just how many documents containing America’s most sensitive secrets were recovered from the ex-president over the last nine months.

More than 100 “unique documents with classification markings” were seized from his Mar-a-Lago club during an 8 August search by FBI agents, including three stored in Mr Trump’s desk. Classification levels ranged from confidential — the lowest level of classification in the US system — to the highest, top secret.

The department also said “certain documents” found at Mr Trump’s property bore markings denoting them as containing “sensitive compartmented information”, a designation reserved for extremely closely held secrets often involving intelligence sources and methods or nuclear weapons. Those 100 joined another 38 documents which FBI agents recovered from Mr Trump’s counsel during a 3 June meeting at Mar-a-Lago, plus another 184 documents which National Archives and Records Administration officials brought back from Florida in a set of 15 boxes Mr Trump allowed them to retrieve in January.

What national security experts told The Independent:

The experts who spoke with The Independent have decades of combined experience dealing with the most sensitive information, ranging from battlefield intelligence meant to disrupt terrorism networks to human intelligence gathered from clandestine assets and the highly technical signals intelligence collected by the National Security Agency.

All of them expressed fears that Mr Trump’s retention of such closely held secrets in a notoriously insecure facility — and one that has long been known to be a target of foreign intelligence services — will lead the US government to undertake what will be a unilateral degradation of American intelligence capabilities, on the assumption that whatever programs described in the papers stored at Mar-a-Lago may already have been or will soon be compromised.

David Priess, a former CIA intelligence officer who delivered daily intelligence briefings to then-FBI Director Robert Mueller and other top officials during the George W Bush administration, told The Intependent in a phone interview that it’s possible that some programmes that may be compromised by Mr Trump’s retention of documents in such a public place could still be salvaged if the documents in question are not specific as to intelligence sources or methods….

“It’s likely that some of the information is going to lead to some at least some serious investigation and possibly some actual shutdowns of some collection,” he said.

Another former CIA analyst, who asked for anonymity because they now hold another sensitive position in the US government, said Mr Trump’s retention of documents pertaining to “HUMINT” — human intelligence that is often gathered with the aid of sources recruited in hostile countries over a period of years — could lead intelligence officials to pull the plug on long-running operations and possibly could force them to mount operations to extract operatives or assets to safety.

“There’s a good chance someone at Langley is now trying to figure out how to exfiltrate some very helpful folks from very unfriendly places,” they said.

Feinberg notes that this already happened in 2017, when Trump blabbed about a secret operation to Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval Office.

Meanwhile, Trump’s incompetent lawyers are blabbing scary stuff. Alina Habba, who previously represented a parking garage company, thinks violating the espionage act is a “mundane” crime.

And she says that she has been in Trump’s office–where he was storing top secret documents in his desk and in boxes, and so have lots of other visitors.

https://twitter.com/petestrzok/status/1565159612432744451?s=20&t=b9701kNKbmJX61eDUQ9Z_w

Today at 1PM, Judge Aileen Cannon will hold a hearing on whether she should appoint a “special master” to examine the documents the FBI seized from Mar-a-Lago. Tierney Sneed at CNN: What to watch for at Thursday’s hearing in Trump’s bid for a special master over documents seized at Mar-a-Lago.

After an explosive court brief and picture of classified documents from Mar-a-Lago earlier this week, the Justice Department will argue in court Thursday against a request by former President Donald Trump that a so-called special master be appointed in to review the evidence the FBI seized at his Florida resort last month.

US District Judge Aileen Cannon will be considering whether to bring in third party oversight of the Justice Department, in which an outside attorney would in theory identify and filter out evidence that should be withheld from investigators because it was privileged.

Arguing it is unnecessary, prosecutors in court filings Tuesday night provided new details about its investigation into whether classified government documents were illegally mishandled. Lawyers for the former president, who filed a lawsuit last week seeking the appointment, meanwhile argued in a Wednesday night court filing that the Justice Department could not be trusted, as Trump claimed the search itself was unjustified.

Cannon previously signaled an inclination toward granting Trump’s request, but that was before the Justice Department’s dramatic filing this week.

Sneed lists the following questions to watch for (Read details at the CNN link):

 — How sharply does DOJ go after Trump’s spin?

 — How are the dynamics on Trump team playing out?

 — Does the judge recalibrate her approach?

 — If the judge grants the special master review, what does it look like?

As you know, over the past two days, first the DOJ and then Trump lawyers turned in filings with their arguments about Trump’s request for a special master. The DOJ strongly opposed the request in a longer than usual argument (35 pages) on Tuesday; Trump’s team responded with their arguments in favor yesterday. Today journalists are reporting new insights into the two opposing filings. 

Two more relevant reads:

Barbara McQuade at The Daily Beast: Are Trump’s Passports the FBI’s Smoking Gun?

According to DOJ’s recent brief, classified documents in that office were “commingled” in a desk drawer with three passports. While the government did not disclose the name on the passports, Trump himself has complained that during the search, the FBI “stole” his three passports. It seems a safe bet that the passports DOJ recovered were Trump’s.

The significance of the passports is enormous. As DOJ explained in an understated footnote, “The location of the passports is relevant evidence in an investigation of unauthorized retention and mishandling of national defense information.”

In other words, the presence of the passports in the same drawer as the classified records tends to tie the unauthorized possession of these documents to Trump himself. A photo included with the filing shows the items that were recovered from his office. Among the classification markings on the documents are “Top Secret,” meaning that the disclosure of the material could cause exceptionally grave damage to the national security of the United States.

A routine practice in drafting search warrants is to include a request to seize identity documents that can connect the subject of the investigation with the premises. That helps to make the evidentiary tie between the person and any contraband that might be found at the location. For example, if searching for illegal drugs in a house where multiple people come and go, agents will seek authority to seize identity documents like a driver’s license, photographs or other personal possessions located in the same room as the contraband. Finding both of these items together tends to connect the person to the contraband. Here, the presence of Trump’s passports alongside the classified documents supports an inference that he himself possessed the classified documents.

To the extent Trump may be inclined to pin all blame on his lawyer who signed a document in June attesting that all of the classified documents had been returned, the documents in his personal desk drawer are a problem for him. The former president would need to explain away the notion that he himself possessed these documents long after the government asked for their return, and despite personal assurances from Trump when Counterintelligence Section Chief Jay Bratt visited Mar-a-Lago in June to inspect the storage of documents. At the time, Trump told Bratt, “Whatever you need, just let us know.”

The former president’s continued retention of the documents, even after the repeated requests to return them, suggests a willful violation of the law.

Read more at The Daily Beast.

The Washington Post: Justice filing points to new legal trouble for Trump and lawyers, experts say.

Newly public details from the Justice Department’s criminal probe of documents taken to Mar-a-Lago suggest enormous legal peril for two of Donald Trump’s attorneys  and considerable uncertainty for Trump himself, intelligence and legal expertssaid.

There’s no way to predict whether the Justice Department will ultimately pursue charges against the former president or his associates. But in a court filing Tuesday night, government lawyers recounted numerous instances in which Trump’s lawyers allegedly misled government officials during the investigation, and in which Trump or his team appear to have haphazardly handled materials that contained national security secrets.

The evidence laid out in the filing, experts said, could build a legal case that Trump attorneys Evan Corcoran and Christina Bobb obstructed the government’s investigation, allegedly telling FBI agents and prosecutors that they had handed over all classified documents when in fact many remained in Trump’s possession.

Left unanswered were key questions that could determine Trump’s legal fate: Did he direct Corcoran and Bobb to mislead the government, either before or after the FBI raid of his Florida home and club?

And, if so, why did he want to keep reams of top-secret classified documents there?

“It’s bad,” said Peter Lapp, a former FBI agent who worked on espionage cases and is now a private consultant. “It’s all pretty damning.”

Read the rest at the WaPo.

I’ll end there. I’ll be hanging out on Twitter to watch for reports from Judge Cannon’s courtroom. I hope there will be a quick resolution. If she does favor a special master, I wonder if the DOJ will appeal? What do you think? What other stories are you following?


Tuesday Reads

Sunshine,, by Mary Gibbs

Sunshine, by Mary Gibbs

Good Morning!!

Many of you know that I was born in North Dakota and have a long family history there as well as in Minnesota. We moved away when I was a child; but both sets of grandparents were still there, so we often went back to visit. I’m the eldest child in my family, and my other siblings don’t remember much, if anything, about North Dakota, or even about our paternal grandparents. My mother’s parents eventually moved to Indiana.

I’ve heard stories about North Dakota from my parents all my life and I guess for that reason, I still have an emotional attachment to the place. I took two trips up there with my parents, and we found the places my parents were born and grew up–my Dad in Fargo and my Mom in Hope and Lisbon. we also visited the North Dakota State campus in Fargo, where my parents met in a political science class, and Grand Forks, where my Dad got his masters degree at the University of North Dakota. We also explored the Theodore Roosevelt National Park and visited several historical sites. 

It might sound strange, but when we were there, I had a real sense of belonging, a feeling that “This is where I came from.” Now my Dad is gone and my Mom has lost most of her memories–at least she can’t talk about them anymore. My Mom used to tell me that I was the only one who could carry on those memories for them.

Do I sound nuts? I don’t know. What triggered this reverie was an article in Smithsonian Magazine: See the Incredible Sunflower Superbloom in North Dakota.

North Dakota is one of the nation’s top sunflower-producing states, using the cheery yellow flowers for everything from bird seed mixes to cooking oils.

But before North Dakota’s many hardworking farmers start to harvest this tasty crop, the state comes alive with the golden hue of thousands upon thousands of sunflowers, all blooming together at the same time.

Known as a “superbloom,” the jaw-dropping phenomenon occurs every year toward the end of summer. Spring planting was delayed this year in North Dakota and other northern states because of cold, wet weather—but that also means that sunflowers in some parts of the state are still blooming.

Right now, many of the state’s sunflower fields are in peak bloom, with nearly all flowers showing off their delicate yellow petals. As such, the state has earned a reputation as “the best place in the United States to experience the vast sunflower blooms,” says Sara Otte Coleman, North Dakota’s tourism director, in a statement.

I found this interesting:

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Ukrainian immigrants first began planting sunflowers when they moved to North Dakota in the late 19th and early 20th centuries following the passage of the Homestead Act of 1862. Sunflowers are still an important plant for Ukrainians, both symbolically and economically. Before the Russian invasion of Ukraine in February, Ukraine was the largest exporter of sunflower oil in the world, though the war has largely halted production, per the New York Times’ Christine Hauser.

As well as this scientific fact:

When they’re young, sunflowers turn their heads toward the sun as it moves in the sky, a behavior known as heliotropism. But as they mature and start to produce seeds, they mostly point east, which scientists have learned helps the plants attract bees and ultimately reproduce.

Quite a few artists have painted sunflowers, and I’ve illustrated this post with some of those works.

 

On to today’s news…

Trump is melting down on his imitation twitter. So far, he has posted 60 times on Truth Social, including highlighting garbage from Q-anon and 4-chan.

Jake Epstein and Nicole Gaudiano at Insider: Trump posts dozens of memes attacking Biden, the FBI, and others as the former president’s allies beg him to keep quiet.

In the weeks since the FBI’s unprecedented search of Donald Trump’s Mar-a-Lago estate, the former president’s allies have pleaded with him to stop publicly commenting on the raid and fight the Justice Department’s investigation in the courts.

Trump isn’t listening.

On Tuesday morning alone, Trump has taken to his Truth Social platform over four dozen times to share memes and posts attacking his political enemies. Some posts are memes attacking President Joe Biden or other Democrats, while others are baseless election fraud claims or attempts to delegitimize the FBI. 

One post in particular from Tuesday morning shows a photo of Trump with the false caption, “TRUMP WON,” in reference to the 2020 presidential election. The former president then reposted the photo and wrote that the “FBI has advanced this fact even further.” 

Another post included a photo with a caption that read: “81 million votes… and I’ve never seen a pro Biden hat, shirt or flag in my life.” Trump reposted the photo and said, “It is rather amazing, isn’t it?”

Trump earlier demanded in an all-caps filled message that he be reinstated as the “rightful winner” of the presidency or that a new election for president be held “immediately” — a request with no basis in constitutional law. 

If only there were some way to speed up the investigation and take this man off the streets.

Please, let him go to jail. . . please.

Republicans are getting nervous about what Trump’s insane behavior will mean for them in the upcoming midterm elections. Politico: ‘There’s enormous frustration’: Trump forces Republicans off-script… again.

The investigation into Donald Trump’s handling of classified national security records is forcing Republicans into a strained defense during a pre-midterm sprint in which they’d much rather be talking about Joe Biden.

After having decried the FBI’s search of the ex-president’s home, many Trump defenders went silent uponthe release on Friday of the probable-cause affidavit that revealed the extent of Trump’s efforts to hold onto the top-secret documents. GOP worries about the developments of the case and Trump announcing a 2024 run before November are giving way to a subtle, broader warning about putting the former president too much on the ballot this fall.

“Republicans should focus on defeating Democrats, and every Democrat should have the word Biden in front of their name,” said Trump ally and former Republican Speaker Newt Gingrich. “The Republican focus should be to win the election in November. Trump will do a fine job defending himself. He’ll be fine.”

4-sunflowers-claude-monet

Sunflowers, by Claude Monet

Some top Republicans acknowledge the growing angst and concern, as it’s become clearer that Trump may have been warehousing some of America’s most sensitive secrets in an unsecured basement — and even refused to turn them over when the National Archives and Justice Department tried to recover them. One top Republican fundraiser asked to describe the mood among donors, said, “There is enormous frustration.”

“The question is, is there willingness to express that frustration,” the fundraiser added. “I don’t know the answer to that. But there is real frustration, and with the exception of people who are too stupid to understand the need to be frustrated, it is nearly universal.”

Strained defenses and private frustrations are familiar emotions for some Republicans during the Trump era. But the stakes are particularly high this fall, with projections of a red wave in the House getting dimmed to a smaller GOP majority and as Sen. Chuck Schumer appears potentially poised to remain in control of the Senate.

Republican hopes for winning back the Senate are looking worse all the time. Sahil Kapur at NBC News: Here are the signs Republicans’ hopes for a ‘red wave’ are receding ahead of the 2022 elections.

Last fall, Republicans held high hopes of a “red wave” in the 2022 elections after they stormed to power in blue-leaning Virginia and nearly won the governor’s race in New Jersey. While Democrats were demotivated, the GOP base was on fire.

But in recent weeks, numerous data points have indicated Republican prospects of a smashing victory are dimming. While the president’s party tends to perform poorly in midterm elections, there are signs it is shaping up to be an unusual year, potentially enabling Democrats to hold one or both chambers of Congress.

Some of the bad signs for the GOP:

  • A Democratic victory in a bellwether election. The starkest sign of a shifting landscape came last week in the Hudson Valley, a highly competitive district north of New York City that has mirrored the national landscape for years. It voted for Joe Biden in 2020, Trump in 2016 and Barack Obama in 2012. In a red wave climate, Democrats would have no business winning the special House election. Yet Democrat Pat Ryan defeated Republican Marc Molinaro in a test of each party’s preferred message. Ryan ran on protecting abortion rights, combating gun violence and battling corporate greed, while Molinaro sought to make the election a referendum on Biden, inflation and “one-party” rule in Washington.
  • Persuadable voters are trending toward Democrats. The latest NBC News poll, conducted this month, included an unusual finding for midterm elections: Persuadable voters in the midterm election are tilting toward Democrats, the party in power. This group accounts for about 25% of respondents, who float between the parties and tend to be male, moderate, independent and exurban. They preferred Republicans by 6 points in the combined NBC News polls of January, March and May. But in the August poll, they leaned toward Democrats by 3 points.
  • The GOP’s “enthusiasm” edge is shrinking. In March, the NBC News poll found that Republicans held a 17-point “enthusiasm” advantage over Democrats — that is, their voters were more likely to express high interest in voting this fall. In the August poll, the GOP advantage fell to 2 points.
  • Mitch McConnell is downplaying expectations in the Senate. McConnell, the Republican leader, isn’t sounding too bullish about his prospects to capture control of the Senate, having predicted just two weeks ago, “There’s probably a greater likelihood the House flips than the Senate.” That may be a product of the shifting environment, along with a phenomenon McConnell described as “candidate quality.” A series of first-time Republican contenders are struggling in competitive races against seasoned Democratic politicians. Recruitment failures in states like New Hampshire and Arizona have led GOP governors to decline to run.

Read the rest of the bad omens at the NBC link.

the-sunflower-1907, Gustav Klimt

The Sunflower, by Gustav Klimt, 1907

Today is the day the DOJ is supposed to file it’s response to the Trump request for a Special Master to review the government documents that the FBI recovered in its search of Mar-a-Lago. Yesterday the judge agreed the DOJ response could be 40 pages long. It looks like Merrick Garland is planning to spell out in detail what Trump is suspected of doing.

Tierney Sneed and Paul LeBlanc at CNN: DOJ to file lengthy response to Trump’s request for a special master to oversee Mar-a-Lago search review.

The Justice Department on Tuesday will file publicly in court its response to former President Donald Trump’s bid for a special master to oversee the FBI’s review of materials seized in the Mar-a-Lago search.

The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.

Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.

Trump must file his reply to the Justice Department by 8 p.m. ET Wednesday night, per Cannon’s order, and the judge has scheduled a hearing for Thursday to consider Trump’s request for a special master — a third-party attorney appointed by a court to oversee part of a certain case. Notably, Cannon has already signaled a “preliminary intent” to grant Trump’s request, which could bring new complications to the DOJ’s closely watched investigation.

Yesterday the DOJ said it has already reviewed the documents.

The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.

In a court filing Monday, the agency said it has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege and is in the process of addressing privilege disputes.

Meanwhile, Trump has hired a new attorney who may be more competent than that ones currently representing him. Marc Caputo at NBC News: Trump hires former Florida solicitor general in criminal probe of Mar-a-Lago documents.

Chris Kise, Florida’s former solicitor general who served on Gov. Ron DeSantis’ transition team, inked a contract to represent Donald Trump in the criminal case that resulted in the FBI search of the former president’s home in Mar-a-Lago, according to two sources with knowledge of the discussions.

twelve-sunflowers-in-a-vase-Vincent Van Gogh

Twelve sunflowers in a vase, by Vincent Van Gogh

Kise, who declined to comment, began negotiations with Trump shortly after the FBI’s search of his Palm Beach estate Aug. 8. Numerous other criminal defense attorneys have said they couldn’t represent the former president in the Southern District of Florida, citing the all-consuming job of representing Trump or his reputation as a penny-pinching problematic client with a history of having rival advisers who backstab one another, according to five people with knowledge of the legal effort.

Other attorneys declined because their firms wanted to avoid the political blowback of representing such a divisive figure, according to those in Trump’s orbit who say thatKise is considering leaving the firm of Foley & Lardner — where he had briefly represented Venezuela’s government two years ago when hostilities with the United States ran high — to take the job.

Kise has won four cases before the U.S. Supreme Court and numerous ones before the Florida Supreme Court, and he also has a reputation as a skilled political knife fighter. In the waning days of the 2018 governor’s race, Kise widely publicized damaging information about Democrat Andrew Gillum secretly accepting free tickets to the Broadway show “Hamilton” from undercover FBI agents, in contravention of Florida’s ethics laws. Gillum, who denied wrongdoing, went on to narrowly lose to DeSantis and was indicted earlier this year following the FBI investigation.

Read the rest at the link.

We’ll have to wait until Thursday for the hearing in Judge Cannon’s court to learn more about how the investigation of Trump’s theft of highly classified government documents is going. Personally, I can’t wait!

What’s on your mind today? Please feel free to discuss any topic you wish in the comment thread below.


Lazy Caturday Reads: Revelations from the Mar-a-Lago Affidavit

Théophile Steinlen, Pierriot et le chat

Théophile Steinlen, Pierriot et le chat

Happy Caturday!!

Once again, it has been quite a week. I’ve been checking the latest headlines and looking around Twitter to see what’s happening. Of course, most of the political talk is about the redacted affidavit the DOJ used to get a warrant to search Mar-a-Lago for classified documents that Trump refused to return to the government.

After yesterday, legal experts are arguing that it is inevitable that Trump will be indicted and charged with obstruction and possibly with violations of the espionage act. Today, I see more experts speculating that Trump may have already shared top secret information with foreign parties. A number of people are sharing this timeline from The Intellectualist. Laufer is a well-known civil rights attorney.

Here are the latest stories on the search, the affidavit and what may happen next.

First up, this is from Andrew Weissman, a leading prosecutor in the Mueller investigation. The New York Times: We Knew the Justice Department Case Was Righteous. This Affidavit Confirms It.

Mr. Trump knows the answers to the most important unanswered questions: What material did he take from the White House, why did he take it, what had he done with it, and what was he planning to do with it? There is nothing that prevented him for over a year from publicly answering those questions; he surely has not remained silent because the answers are exculpatory.

Above all, the redacted affidavit (and an accompanying brief explaining the redactions), which was released on Friday, reveals more evidence of a righteous criminal case related to protecting information vital to our nation’s security.

girl-and-a-cat-anastasiya-malakhova

Girl and a cat, by Anastasiya Malakhova

I can assure you, based on my experience as the general counsel of the F.B.I., that although there may be too much information deemed sensitive at the lowest level of classification, that was never the case with top-secret material.

Indeed, the redacted affidavit details some of what was found in a preliminary review of material earlier returned by Mr. Trump at the repeated requests of National Archives officials, including “184 unique documents bearing classification markings, including 67 documents marked as confidential, 92 documents marked as secret and 25 documents marked as top secret.” An agent who reviewed that earlier material saw documents marked with “the following compartments/dissemination controls: HCS, FISA, ORCON, NOFORN and SI.”

The markings for top-secret and sensitive compartmented information indicate the highest level of security we have. Those levels protect what is rightly described as the crown jewel of the national security community.

Especially with information classified at that level, the government doesn’t get to pick and choose to defend the nation’s top secrets based on politics — it doesn’t matter if the person in question is a Democrat or Republican, a former president, a secretary of state or Edward Snowden. These documents belong to the government, and their having been taken away poseda clear risk to our national security.

Read the rest at the NYT link.

The Washington Post Editorial Board: The Trump affidavit shows the Mar-a-Lago search was hardly capricious.

Trump defenders have slammed the FBI’s search as aggressive and unwarranted. What has come out since, including on Friday, suggests the search was hardly capricious. Instead, all available evidence suggests it was a thoughtful choice made after other options had been exhausted. Along the way, the affidavit showed that the Justice Department considered the dubious defense from Mr. Trump’s allies that all the documents were declassified and that keeping them at Mar-a-Lago was therefore legal.

The catalogue of markings on the 184 classified documents agents reviewed before asking to search Mar-a-Lago also explains the DOJ’s determination to learn more. Acronyms such as SI, HCS, FISA and NOFORN might seem like collections of random letters to the layman, but they signify extraordinarily sensitive information: intelligence derived from clandestine human sources, for example, or from surveillance of foreign spies. That material in these categories was allegedly mixed in with other random papers as well as a mishmash of items reportedly including golf balls, a raincoat and a razor, is alarming — even absent intent to use them maliciously.

Read together, these facts should help assuage concerns that Attorney General Merrick Garland embarked on an ill-considered prosecutorial frolic when he sought to search Mar-a-Lago — though this reality is unlikely to stop the flow of reckless rhetoric from Trump acolytes. Meanwhile, those taking a more levelheaded approach should continue to do what they’ve done so far: wait. There was much we didn’t know before this affidavit was unsealed. There’s much we still don’t know now.

Milda Šležaitė, Boy with a cat

Milda Šležaitė, Boy with a cat

National security attorney Bradley Moss writes at The Daily Beast: It’s Over: Trump Will Be Indicted.

I have finally seen enough. Donald Trump will be indicted by a federal grand jury.

You heard me right: I believe Trump will actually be indicted for a criminal offense. Even with all its redactions, the probable cause affidavit published today by the magistrate judge in Florida makes clear to me three essential points:

(1) Trump was in unauthorized possession of national defense information, namely properly marked classified documents.

(2) He was put on notice by the U.S. Government that he was not permitted to retain those documents at Mar-a-Lago.

(3) He continued to maintain possession of the documents (and allegedly undertook efforts to conceal them in different places throughout the property) up until the FBI finally executed a search warrant earlier this month.

That is the ball game, folks. Absent some unforeseen change in factual or legal circumstances, I believe there is little left for the Justice Department to do but decide whether to wait until after the midterms to formally seek the indictment from the grand jury.

Moss says that if only Trump had cooperated after he was pressed by the National Archives last year instead of turning over some of the documents and holding on to the rest, he probably would have gotten away with taking them from the White House.

But Trump just could not bring himself to play by the rules. He turned over 15 boxes last January but did not turn over all the records. Political operatives from conservative organizations started whispering into his ear that he had legal precedent on his side to refuse to turn over the classified records to NARA (he did not). His lawyers surprisingly wrote a rather condescending letter to DOJ in May 2022, effectively arguing that even if there were still classified records at Mar-a-Lago the FBI lacked the authority to take any criminal action against Trump given his former status as president. Then, in June 2022 after the FBI executed a subpoena to recover more records at Mar-a-Lago, two Trump lawyers wrote (and one signed) a sworn affidavit reassuring the government there were no more classified records at the property.

Read more at the link.

Charlie Savage at The New York Times: Possibility of Obstruction Looms Over Trump After Thwarted Efforts to Recover Documents.

When the Justice Department proposed redactions to the affidavit underlying the warrant used to search former President Donald J. Trump’s residence, prosecutors made clear that they feared the former president and his allies might take any opportunity to intimidate witnesses or otherwise illegally obstruct their investigation.

Child with cat, Julie Manet, Pierre August Renoir

Child with cat, Julie Manet, Pierre August Renoir

“The government has well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed,” prosecutors said in the brief.

The 38-page affidavit, released on Friday, asserted that there was “probable cause to believe that evidence of obstruction will be found at” Mr. Trump’s Mar-a-Lago compound, indicating that prosecutors had evidence suggesting efforts to impede the recovery of government documents.

Since the release of the search warrant, which listed three criminal laws as the foundation of the investigation, one — the Espionage Act — has received the most attention. Discussion has largely focused on the spectacle of the F.B.I. finding documents marked as highly classified and Mr. Trump’s questionable claims that he had declassified everything held at his residence.

But by some measures, the crime of obstruction is as, or even more, serious a threat to Mr. Trump or his close associates. The version investigators are using, known as Section 1519, is part of the Sarbanes-Oxley Act, a broad set of reforms enacted in 2002 after financial scandals at companies like Enron, Arthur Andersen and WorldCom.

The heavily redacted affidavit provides new details of the government’s efforts to retrieve and secure the material in Mr. Trump’s possession, highlighting how prosecutors may be pursuing a theory that the former president, his aides or both might have illegally obstructed an effort of well over a year to recover sensitive documents that do not belong to him.

To convict someone of obstruction, prosecutors need to prove two things: that a defendant knowingly concealed or destroyed documents, and that he did so to impede the official work of any federal agency or department. Section 1519’s maximum penalty is 20 years in prison, which is twice as long as the penalty under the Espionage Act.

There’s much more at the NYT link.

Julian Barnes and Mark Mazzetti at The New York Times: Classified Material on Human Intelligence Sources Helped Trigger Alarm.

They risk imprisonment or death stealing the secrets of their own governments. Their identities are among the most closely protected information inside American intelligence and law enforcement agencies. Losing even one of them can set back American foreign intelligence operations for years.

Clandestine human sources are the lifeblood of any espionage service. This helps explain the grave concern within American agencies that information from undercover sources was included in some of the classified documents recently removed from Mar-a-Lago, the Florida home of former President Donald J. Trump — raising the prospect that the sources could be identified if the documents got into the wrong hands.

child-and-cat-linda-bryant

Child and cat, by Linda Bryant

Mr. Trump has a long history of treating classified information with a sloppiness few other presidents have exhibited. And the former president’s cavalier treatment of the nation’s secrets was on display in the affidavit underlying the warrant for the Mar-a-Lago search. The affidavit, released in redacted form on Friday, described classified documents being found in multiple locations around the Florida residence, a private club where both members and their guests mingle with the former president and his coterie of aides.

Nothing in the documents released on Friday described the precise content of the classified documents or what risk their disclosure might carry for national security, but the court papers did outline the kinds of intelligence found in the secret material, including foreign surveillance collected under court orders, electronic eavesdropping on communications and information from human sources — spies….

Could Trump have already revealed secret sources of intelligence, as implied in the Tweet at the top of this post? I’m asking, not the NYT reporters. They note that Trump claimed he declassified all the documents at his resort, but . . .

“HCS information is tightly controlled because disclosure could jeopardize the life of the human source,” said John B. Bellinger III, a former legal adviser to the National Security Council in the George W. Bush administration. “It would be reckless to declassify an HCS document without checking with the agency that collected the information to ensure that there would be no damage if the information were disclosed.”

C.I.A. espionage operations inside numerous hostile countries have been compromised in recent years when the governments of those countries have arrested, jailed and even killed the agency’s sources.

Last year, a top-secret memo sent to every C.I.A. station around the world warned about troubling numbers of informants being captured or killed, a stark reminder of how important human source networks are to the basic functions of the spy agency. Honestly, I wouldn’t put it past Trump to have handed secret information over to Russia or Saudi Arabia.

Could Republicans be getting a little nervous about how serious the case against Trump is? Jonathan Weisman at The New York Times: Republicans, Once Outraged by Mar-a-Lago Search, Become Quieter as Details Emerge.

In the minutes and hours after the F.B.I.’s search of former President Donald J. Trump’s residence in Florida this month, his supporters did not hesitate to denounce what they saw as a blatant abuse of power and outrageous politicization of the Justice Department.

maud-humphrey-girl-with-cat-1894_u-l-q1i5fog0

Maud Humphrey, Girl with cat, 1894

But with the release of a redacted affidavit detailing the justification for the search, the former president’s allies were largely silent, a potentially telling reaction with ramifications for his political future.

“I would just caution folks not to draw too many conclusions,” Gov. Glenn Youngkin of Virginia, a Republican, said on Fox News. It was a starkly different admonition from his earlier condemnations of what he said were “politically motivated actions.”

Some Republicans will no doubt rally around Mr. Trump and his claim that he is once again being targeted by a rogue F.B.I. that is still out to get him. His former acting White House chief of staff, Mick Mulvaney, said on Twitter that “this raid was, in fact, just about documents,” which he called “simply outrageous.” Representative Andy Biggs, Republican of Arizona and an ardent Trump ally, was on the right-wing broadcaster Newsmax denouncing the F.B.I. as politically biased, though he notably did not defend the former president’s possession of highly classified documents.

But generally, even the most bombastic Republicans — Representatives Marjorie Taylor Greene of Georgia, Lauren Boebert of Colorado, Jim Jordan of Ohio — were at least initially focused elsewhere. Ms. Greene was posting on Friday about border “invasions.” Ms. Boebert noted on Twitter the anniversary of the suicide bombing of U.S. service members at the airport in Kabul, Afghanistan. Mr. Jordan was focused on an interview with Mark Zuckerberg, the Facebook founder. None tweeted about the affidavit.

Read the rest at the NYT.

A few more stories on the search and affidavit to check out:

Lloyd Green at The Guardian: The FBI’s Mar-a-Lago affidavit paints an unsettling portrait of Trump.

Mary Papenfuss at HuffPost: William Barr Rips Trump For ‘Pandering To Outrage’ Over Mar-A-Lago Search.

The New York Times: Inside the 20-Month Fight to Get Trump to Return Presidential Material.

Charlie Savage at The New York Times: The Affidavit for the Search of Trump’s Home, Annotated.

Greg Sargent at The Washington Post: 3 big things we learned from the Mar-a-Lago affidavit.

That’s quite a bit of reading material, I know. Pick and choose what interests you. What else is on your mind today?


Lazy Caturday Reads: Odds and Ends With Medieval Cats

“Organ cat, prayer book, Bruges or Ghent c. 1480-1490 (Baltimore, Walters Art Museum

“Organ cat, prayer book, Bruges or Ghent c. 1480-1490 (Baltimore, Walters Art Museum

Happy Caturday!!

It has been another busy news week, and today there are some stories that follow up on recent news and others that look further back in time. As we move closer to the midterm elections, things are looking better for Democrats to keep control of the Senate. Of course the fallout continues from the FBI search of Mar-a-Lago. The judge in the case released more information on the search warrant, and there could be more coming.  A court has ordered the DOJ to release a memo related to the Mueller investigation that Bill Barr refused to make public. A Michigan judge made an important decision on abortion laws in the state. Finally, the NYT published a fascinating op-ed by two law professors who argue that the U.S. Constitution is “broken.”

Republican midterm woes

Bob Brigham at Raw Story: It’s Mitch McConnell’s fault ‘bumbling extremists’ are hurting the GOP: report.

On Thursday, Senate GOP Leader Mitch McConnell (R-KY) seemed to admit that the Grand Old Party doesn’t have the highest quality roster of candidates.

“I think there’s probably a greater likelihood the House flips than the Senate,” McConnell said. “Senate races are just different, they’re statewide, candidate quality has a lot to do with the outcome.”

Writing in Vanity Fair, Eric Lutz reported, “He didn’t mention any of those candidates directly, but he almost certainly could have been talking about any of Donald Trump’s handpicked contenders, who earned the former president’s support seemingly for one of two reasons: He knows them from television, or they’re loyalists who have organized their campaigns almost entirely around his 2020 election lies. There’s a lot of crossover there, obviously, but the first camp includes Mehmet Oz, a former TV doctor who apparently believes raw asparagus belongs in a crudité, and Herschel Walker, the former football great whose own campaign staff reportedly regards him as a ‘pathological liar.’” [….]

“Then there’s the second camp of MAGA candidates, which includes the likes of Blake Masters, the Peter Thiel protégé who literally has the backing of some of the Internet’s most well-known white nationalists. (Masters has attempted to distance himself from this community.) One of several extremists on the ballot in Arizona, where election deniers Kari Lake and Mark Finchem are respectively running for governor and secretary of state, Masters is trailing Democrat Mark Kelly by eight points, according to a Fox News poll released this week,” Lutz reported. “None of this to say to say that these bumbling extremists can’t win; if a country is capable of electing Trump president, Georgia is certainly capable of electing a guy like Walker. But McConnell’s apparent sense that this batch of bozos might dash GOP dreams of a Senate majority may be well-founded, even if midterms tend to favor the party that doesn’t control the White House.”

There’s more at the link.

The Washington Post: ‘It’s a rip-off’: GOP spending under fire as Senate hopefuls seek rescue.

Republican Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash — leading some campaign advisers to ask where all the money went and todemand an audit of the committee’s finances, according to Republican strategists involved in the discussions.

cce5dffa09cd07e1392867bc4fe34d0eIn a highly unusual move, the National Republican Senatorial Committee this week canceled bookings worth about $10 million, including in the critical states of Pennsylvania, Wisconsin and Arizona. A spokesman said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.

“The fact that they canceled these reservations was a huge problem — you can’t get them back,” said one Senate Republican strategist, who like others spokes on the condition of anonymity to discuss internal matters. “You can’t win elections if you don’t have money to run ads.”

The NRSC’s retreat came after months of touting record fundraising, topping $173 million so far this election cycle, according to Federal Election Commission disclosures. But the committee has burned through nearly all of it, with the NRSC’s cash on hand dwindling to $28.4 million by the end of June.

As of that month, the committee disclosed spending just $23 million on ads, with more than $21 million going into text messages and more than $12 million to American Express credit cardpayments, whose ultimate purpose isn’t clear from the filings. The committee also spent at least $13 million on consultants, $9 million on debt payments and more than $7.9 million renting mailing lists, campaign finance data show.

Read the rest at the WaPo.

The Mar-a-Lago search

Insider: Newly unsealed documents from the FBI raid on Mar-a-Lago put Trump in even worse legal peril, experts say.

Former President Donald Trump has offered a shifting array of defenses in response to the August 8 FBI search of his Mar-a-Lago resort in Florida, which uncovered a trove of secret documents.

Among them is the claim that he declassified all of the documents while in office under the president’s sweeping powers over national secrets.

But procedural documents unsealed Thursday by federal judge Bruce Reinhart, including the cover sheet of the warrant used in the search, revealed that this defense may not be as effective as Trump hoped, legal experts say.

One implication of the new information is that even if Trump is right about the documents being declassified, he still could have broken the law, Lawrence Tribe, a Harvard constitutional law scholar, tweeted….

eaa24cb69fb7796173a1ea2584132657[The cover sheet] showed that the FBI believes that Trump may be guilty of the willful retention of national defense information, concealment or removal of government records, and obstruction of federal investigation.

Bradley P. Moss, a national security attorney, told Insider that the new documents “clarify but ultimately do not change much” of what we previously knew.

A striking detail, he said, is that the FBI believes Trump has obstructed its probe.

“Clearly, the FBI currently believes Mr. Trump not only took properly marked classified documents to Mar-a-Lago, but he kept them and resisted turning them over when confronted by the government,” Moss said.

NBC News: Trump thinks the Mar-a-Lago search will help him in 2024. Some allies aren’t so sure.

The day after federal agents searched Mar-a-Lago, former President Donald Trump told a group of conservative lawmakers that “being president was hell,” according to three people at the meeting.

But to some he sounded ready to have the job again.

“He was not to be deterred,” said Rep. Randy Weber of Texas, one of a dozen Republican House members who met with Trump on Aug. 9. He described Trump’s state of mind in the immediate aftermath of the search as “pretty miffed, but measured.” 

Everything that’s occurred since that Bedminster, New Jersey, meeting  — and since federal agents seized a trove of top secret and other highly classified documents from his resort — has put Trump exactly where he and his supporters want him to be, according to people close to him. He’s in a fight, squaring off with Washington institutions and a political establishment he says are out to get him, issues he brought up in the meeting with the lawmakers and in conversations with others.

ugly-medieval-cats-art-106-5aafb169b1ec0__700Taken together, it’s reoriented Trump’s thinking about whether he should announce a presidential campaign before or after the midterm elections, according to those who have spoken with him over the past two weeks. They said Trump feels less pressure to announce early because viable challengers who might otherwise force his hand have faded into the background. But there are other reasons to wait.

Trump is now inclined to launch his candidacy after the November elections, in part to avoid blame should an early announcement undermine the GOP’s effort to win control of Congress, said one person close to him, speaking on condition of anonymity to talk more freely.A post-midterm announcement would suit Republican leaders who’ve been urging Trump to hold off so that he doesn’t overshadow the party’s candidates.Michael Caputo, a former Trump campaign and administration official, described Trump’s attitude in recent days after speaking with him, as “business as usual.”

Business as usual for Trump: the possibility of multiple criminal charges and crappy lawyers who have no clue how to defend a criminal.

Judge orders release of Bill Barr’s memo protecting Trump

The Washington Post: Court orders release of DOJ memo on Trump obstruction in Mueller probe.

A federal appeals court has ordered the release of a secret Justice Department memo discussing whether President Donald Trump obstructed the investigation into Russian interference in the 2016 election.

The unanimous panel decision issued Friday echoes that of a lower court judge, Amy Berman Jackson, who last year accused the Justice Department of dishonesty in its justifications for keeping the memo hidden.

The panel of three judges, led by Chief Judge Sri Srinivasan, said that whether or not there was “bad faith,” the government “created a misimpression” and could not stop release under the Freedom of Information Act.

The memo was written by two senior Justice Department officials for then-attorney general William P. Barr, who subsequently told Congress that there was not enough evidence to charge Trump with obstruction of special counsel Robert S. Mueller III’s inquiry. A redacted version was released last year but left under seal the legal and factual analysis.

Department officials argued that the document was protected because it involved internal deliberations over a prosecutorial decision. But the judges agreed with Jackson that both Mueller and Barr had clearly already concluded that a sitting president could not be charged with a crime. The discussion was over how Barr would publicly characterize the obstruction evidence Mueller had assembled, the Justice Department conceded on appeal.

ugly-medieval-cats-art-135-5ab10dfb09a49__700A bit more from Politico: Appeals court backs ruling to release DOJ memo on Trump prosecution.

A federal appeals court ruled Friday that the Justice Department must make public an internal memo senior lawyers there prepared in 2019 about whether then-President Donald Trump’s actions investigated in special counsel Robert Mueller’s probe of ties between the 2016 Trump campaign and Russia amounted to crimes prosecutors would ordinarily charge.

The D.C. Circuit Court of Appeals said the Justice Department failed to meet its legal burden to show that the memo from the department’s Office of Legal Counsel was part of a genuine deliberative process advising then-Attorney General William Barr on how to handle sensitive issues left unresolved when Mueller’s probe concluded in March 2019.

Trump was never charged in Mueller’s probe and the special prosecutor’s final report declined to opine on whether what he did in response to the investigation amounted to a crime.

However, some Trump opponents have called on the Attorney General Merrick Garland to reconsider the issue now that Trump is no longer president. Release of the long-sought DOJ memo could fuel those calls and draw more unwanted attention to Trump’s potential criminal liability at a time when he is besieged by a slew of other legal woes relating to his handling of classified government records, his role in inspiring many of those involved in the Jan. 6 attack on the Capitol and his broader efforts to overturn Joe Biden’s win in the 2020 presidential election.

Abortion in Michigan

Detroit Free Press: Michigan judge issues indefinite ban on criminalizing abortions in key Michigan counties.

A Michigan judge ruled Friday prosecutors in the state’s largest counties are barred from bringing criminal charges for months to come under a state law banning most abortions.

The decision from Oakland County Circuit Court Judge Jacob Cunningham comes after two days of hearings and means every county in Michigan with an abortion clinic is at least temporarily immune from the threat of criminal prosecutions over abortion procedures.

“As currently applied, the court finds (the abortion law) is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” Cunningham said.

ugly-medieval-cats-art-115-5aafbd8c8ffe9__700“The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”

At times, Cunningham seemed to ridicule arguments from conservative prosecutors seeking to enforce the 1931 abortion law. He said prosecutors would suffer zero harm from not having the ability to prosecute abortion providers.

Going much further, he told these prosecutors to instead focus their efforts elsewhere.

“The court suggests county prosecutors focus their attention and resources … to investigation and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty and other violent and horrific crimes that we see in our society,” Cunningham said.

Is the Constitution broken?

Ryan D. Doerfler and The Constitution Is Broken and Should Not Be Reclaimed. You’ll need to go to the NYT link if you’re interested, because it’s very long. The main idea is that the Constitution is dated and favors conservatives; liberals need to change their thinking about “constitutionalism.”

When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the Constitution wrong. But struggling over the Constitution has proved a dead end. The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.

The idea of constitutionalism is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day. Our Constitution’s guarantee of two senators to each state is an example. And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed, national constitutions have been associated with some set of basic freedoms and values that transient majorities might otherwise trample.

1_0eG0UKcj-KC4U0eU2YFNeABut constitutions — especially the broken one we have now — inevitably orient us to the past and misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now. This aids the right, which insists on sticking with what it claims to be the original meaning of the past.

Arming for war over the Constitution concedes in advance that the left must translate its politics into something consistent with the past. But liberals have been attempting to reclaim the Constitution for 50 years — with agonizingly little to show for it. It’s time for them to radically alter the basic rules of the game.

In making calls to regain ownership of our founding charter, progressives have disagreed about strategy and tactics more than about this crucial goal. Proposals to increase the number of justices, strip the Supreme Court’s jurisdiction to invalidate federal law or otherwise soften the blow of judicial review frequently come together with the assurance that the problem is not the Constitution; only the Supreme Court’s hijacking of it is. And even when progressives concede that the Constitution is at the root of our situation, typically the call is for some new constitutionalism.

If that whets your appetite for me, click the link and read the rest.

Those are today’s main political stories as I see it. Maybe we’ll have some time to take a breath before more shocking news breaks. I can use a quite weekend and I wish you the same.


Monday Reads: Residual Trump Chaos and Damage

Frankenthaler Helen, Mountains and Sea, 1952

Good Day Sky Dancers!

Another Monday reveals all the residual chaos and damage caused by Trump and his administration, his appointments to the Supreme Court, and his White National Christianists Cult.  I’m going to start with one of the Incel Militias that were part of the insurrection and have been disturbing the peace in other states.

The Three Percenters are one of the vilest groups with a conspiracy theory claiming that only 3% of American colonists fought against the British during the American Revolution, a claim that has never been proven.   They are also known as III%ers or Threepers.  This is from the Southern Poverty Law Center‘s catalogue of Domestic Terrorists known as HateWatch.

“Get an indictment. Present it to the sheriff. If they don’t uphold the law, that’s where the militia come in.”
– Jon Ritzheimer, a Three Percenter and former Oath Keepers member, on his plans to link up with local antigovernment militias and conduct a citizen’s arrest of U.S. Sen. Debbie Stabenow (D-Mich.)

“The only good Muslim is a dead Muslim. If you’re a Muslim I’m going to enjoy shooting you in the head. When we go on operations there’s no leaving anyone behind, even if it’s a 1-year-old. … I guarantee if I go on a mission those little fuckers are going bye-bye.”
– Patrick Stein, member of the terrorist group The Crusaders, which split from the Kansas Security Force Three Percent

“That’s what my group does. We monitor them and their activity, we show up in their neighborhoods armed and let them know they’re being watched and if they fuck up my guys will take em [sic] out.”
– David Wright, leader of a Three Percenter group, Bureau of American Islamic Relations (BAIR)

There are more quotes and facts about this group at the link.  Go there only if you want to be triggered by hate and violent threats. It figures that the first Jan. 6 defendant convicted in court would be a Threeper. The Prosecution called them “terrorists.” Indeed, they are.

This is from The Washington Post: “U.S. seeks 15-year sentence for Guy Reffitt, citing terrorism. The Three Percenters recruiter, the first Jan. 6 defendant convicted at trial, was found guilty of leading a charge while armed that led to first break-in at the U.S. Capitol and also of threatening his son. ”

… Assistant U.S. Attorneys Jeffrey Nestler and Risa Berkower said Reffitt’s case is exceptional.

Reffitt “played a central role” at the head of a vigilante mob that challenged and overran police at a key choke point, a stairway leading up from the Lower West Terrace, before the initial breach of windows near the Capitol’s Senate Wing Doors at 2:13 p.m., prosecutors said. After the riot, Reffitt warned his son and 16-year-old daughter that “if you turn me in, you’re a traitor, and traitors get shot,” his son testified at the trial.

Conventional sentencing rules are of “inadequate scope” to account for the range of Reffitt’s obstruction, witness tampering and weapon offenses, prosecutors wrote in a 58-page sentencing memo.

“Reffitt sought not just to stop Congress, but also to physically attack, remove, and replace the legislators who were serving in Congress,” prosecutors wrote.

They called his conduct “a quintessential example of an intent to both influence and retaliate against government conduct through intimidation or coercion” and said it reflected the statutory definition of terrorist violence that is subject to harsher punishment.

Nowhere is there more legal chaos than in the states after the reversal of Roe.  Laws older than the passage of women’s suffrage may soon come into effect.  These laws are also from periods before modern obstetric and gynecology practice and knowledge.

This is from The Detroit Free Press about the situation in Michigan.  It’s written by Dave Boucher. “Michigan court ruling lets prosecutors file charges under 1931 abortion law”.

A court order that sought to bar enforcement of a dormant law criminalizing most abortions in Michigan does not apply to county prosecutors, the Michigan Court of Appeals ruled Monday.

The massively consequential ruling means the 1931 law banning all abortions except those done to protect the life of a pregnant person essentially takes effect immediately, said David Kallman, an attorney for Great Lakes Justc Center, a conservative organization representing several Michigan prosecutors who challenged the injunction.

“We’re ecstatic. It’s wonderful. That’s exactly what we’ve been saying all along,” Kallman said Monday morning in a phone interview.

The decision could have a sweeping and drastic impact in the state, where Gov. Gretchen Whitmer, Attorney General Dana Nessel and many other pro-abortion rights advocates have fought to maintain legal access to abortion following the U.S. Supreme Court’s reversal of Roe v. Wade in June.

What is wrong with these people?   Radical Misogynists are eager to strip women of the rights granted to them by the Constitution to be free of forced servitude to the state or any other entity.

The Washington Post continues this discussion this morning.”Major legal fights loom over abortion pills, travel out of state. The reversal of Roe v. Wade after nearly 50 years is expected to trigger a new set of legal challenges for which there is little precedent”

The Supreme Court’s three liberal justices, in denouncing their colleagues’decision to eliminate the nationwide right to abortion, warned last month that returning this polarizing issue to the states would give rise to greater controversy in the months and years to come.

Among the looming disputes, they noted:Can states ban mail-order medication used to terminate pregnancies or bar their residents from traveling elsewhere to do so?

“Far from removing the court from the abortion issue,” Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan wrote in dissent, “the majority puts the court at the center of the coming ‘interjurisdictional abortion wars.’ ”

The overturning of Roe v. Wade after nearly 50 years is expected to trigger a newset of legal challenges for which there is little precedent, observers say, further roiling the nation’s bitter political landscape and compounding chaos as Republican-led states move quickly to curtail access to reproductive care. It is possible, if not probable, that one or both of these questions will eventually work its way back to the high court.

With friends like Grand Inquisitor Alito, churches fund political campaigns and actions brazenly.  This article by Peter Slevin –writing for The New Yorker–is a horrifying example of how an extremely well-off Catholic Church can oppress women with well-funded Political Campaigns.

When Justice Samuel Alito and his colleagues squinted at history and ruled that the U.S. Constitution included no right to abortion, Dinah Sykes felt her heart sink. But here she was, on an evening in July, sweating through her blue T-shirt in ninety-five-degree heat, trying to persuade Kansans to block an effort to remove the right to abortion from the state constitution. She held a stack of flyers and carried a bottle of water in a cloth bag slung over her shoulder. A blond ponytail poked through the back of her baseball cap. “Sixty per cent of Kansans believe a woman should have a right to choose,” she said, as she walked from house to house. “And they should not have someone else’s beliefs forced upon them.”

Sykes, a local lawmaker, was in Merriam, a southwestern suburb of Kansas City. Early in her two-hour canvassing session, she climbed the steps of a split-level home and rang the bell. When Adrienne Maples, a professional photographer, came to the door, Sykes launched into her riff: “Are you aware that there is a referendum on the August 2nd ballot?” Before Sykes, who is the Democratic minority leader in the Kansas Senate, could finish explaining that the vote may lead to an abortion ban, Maples interrupted. “I’m pretty sure there are a lot of pissed-off women who will be voting no,” she said. Maples planned to be one of them. “I’m concerned that we’re slipping backwards. This is scary.

On Tuesday, in the dead of summer, when many Kansans are on vacation and college campuses are largely empty, voters will be asked to amend the state constitution, and give license to the Republican-dominated legislature to rewrite the state’s laws on abortion. It will be the nation’s first direct electoral test of abortion rights since the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. The Catholic Church is spending millions to advance the amendment, while a broad coalition of pro-choice organizations is scrambling to stop it, testing a new message tailored to appeal to independents and moderate Republicans. The pitch casts the amendment as an infringement on personal liberties—a government mandate “designed to interfere with private medical decisions.” The front of the flyer that Sykes was tucking into screen doors did not mention abortion. It said “It’s up to us to keep Kansans free by Voting No!”

Republicans who turned their backs on Veterans last week by voting no to fund programs to help Veterans sickened by Burn Pits are ignoring that vote.  I am among the constituents that trolled him for his vote.  Now, he has amnesia.

The latest Trumperz Tantrum votes haunt them all in the upcoming election. Democratic Candidate Luke Mixon, running against Senator Foghorn Leghorn, is riding that horse in his ads. I’m pretty sure he’s not the only one.  I would also like to say that all these snarky, trolling ads of Republicans on all kinds of issues are the only thing that puts a big ol’ smile on my face these days.

Beginnings, Helen Frankenthaler, 2002

Meanwhile, Republicans are still trying to fuck with our democratic election process.  They want state legislatures to do the voting for them. This is from Politico: “Trump-backed conspiracy theorist makes a charge for chief election position in Arizona. State Rep. Mark Finchem is part of a pro-Trump coalition of secretary of state candidates running in battleground states throughout the country.”

Should he win on Tuesday, Finchem will become the latest member of the “America First Secretary of State Coalition” to secure the Republican nomination in a key battleground, putting them a general election win away from running the 2024 presidential vote in their states — four years after working to subvert President Joe Biden’s election win and falsely claiming the vote was marred. The coalition’s founder, Jim Marchant, is the Republican nominee in Nevada, while Kristina Karamo is the de-facto GOP pick in Michigan. And in Pennsylvania, where the governor picks the state’s chief election official, coalition member Doug Mastriano is the GOP candidate.

In Arizona, where GOP state legislators have embraced Trump’s fictions and financed investigations into the 2020 vote count, Trump supporters are “gunning for secretary of state,” said Mike Noble, the chief of research and managing partner at the Arizona-based polling firm OH Predictive Insights. “[It] is definitely one they have really put a priority on.”

Meanwhile, Margaret Sullivan speculates about Faux News and Trump Replacements writing this at The Washington Post. “The cautious calculation behind whether Fox will dump Trump.” Whatever will Tuckums do?

On the one hand, the opinion pages of two Murdoch newspapers — the Wall Street Journal and the New York Post — have turned on Trump recently, both offering scathing editorials that blasted him for his role on Jan. 6, 2021, particularly his utter lack of leadership in calling off the dangerous mob. And, far more important than any newspaper editorial, his most valuable media ally, Fox News, has skipped much of the live coverage of the former president’s speeches and rallies while not interviewing him live for months.

Worse, the person emerging as his chief rival for the 2024 Republican presidential nomination, Florida governor Ron DeSantis, has clearly caught the cable network’s eye.

But there’s still plenty of sycophancy on display. Just days ago, the talking heads of “Fox & Friends” — perhaps chastened by Trump’s raging that they had gone to the “dark side” after they reported some unfavorable poll numbers — once again stroked his fragile but oversize ego. Brian Kilmeade called him the “greatest golfing president ever,” and Ainsley Earhardt backed that up with one admiring exclamation: “Athletic!”

I’m not sure what Trump’s Saudi-backed LIV golf tournament did but piss off most of New York City.  The One Dollar special ticket didn’t even draw a crowd per Insider.

Former President Donald Trump has faced criticism for hosting the event at one of his golf courses in light of allegations of human rights abuses against the Arab kingdom, such as the killing of journalist Jamal Khashoggi.

The 9/11 Justice group, composed of family members of 9/11 victims, has criticized Trump for hosting the tournament despite what they describe as “clear” evidence linking Saudi Arabia to the terrorist attack.

Some 9/11 family members and survivors protested near the event on Thursday.

Trump made various remarks to reporters throughout the event, The Wall Street Journal said, including talking about Trump Doral, his Miami property that will host a second LIV event this year.

When asked how much he was being paid to work with LIV, Trump said it was “very generous” but added, “I don’t do it for that,” per the outlet.

I’m sure all of us would be glad to get him and his cult off the news cycle, but it seems highly unlikely.

Btw, the beautiful art is from American Artist Helen Frankenthaler, whose mid-century modern abstract art is amazing. Good thing we love truth and beauty here to cover all these cult activities.

Anyway, what’s on your reading and blogging list?