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?


Monday Reads: A bit of this and that!

Ernst Ludwig Kirchner, Fränzi in front of Carved Chair, 1910.

Good Afternoon Sky Dancers!

There are a lot of long-form articles up today that are worth a read.  I’m going to start with a few on the abortion issue since Kansas has a significant vote today. Kansas is the first state to have a Post-Roe vote.  This is from The New York Times: “‘Everybody Is Dug In’: Kansans Fiercely Debate the First Post-Roe Vote on Abortion. The Aug. 2 ballot question will decide whether the State Constitution will allow legislators to ban or further restrict the procedure.”

Kansas voters will decide next week whether to remove protections of abortion rights from their State Constitution, providing the first electoral test of Americans’ attitudes on the issue since the Supreme Court overturned Roe v. Wade.

The election could give the state’s Republican-controlled Legislature authority to pass new abortion limits or to outlaw the procedure entirely, potentially reshaping the map of abortion access in the nation’s center. The vote, which has been planned since last year but took on far higher stakes after the federal right to abortion was eliminated, is expected to send a message far beyond Kansas as politicians nationwide weigh new abortion measures and watch for signs of how the public is reacting.

“Kansas is the bull’s-eye of the United States in terms of its geography, but it’s also the bull’s-eye where all the energy that has emerged from the Supreme Court decision has now focused,” said Pastor Randy Frazee, who leads a large church in suburban Kansas City, and who like many clergy members supports giving legislators the power to restrict abortions.

“Complementary Yellow Twin Sisters,” unknown artist

A good deal of my family is still in the Kansas City area. One of my great grandfathers was a Methodist circuit rider back in the day when Kansas had a healthy abolitionist movement. We’ll see if the old Kansas idea of Christian social justice is still there.  FiveThirtyEight discusses “How The Fight To Ban Abortion Is Rooted In The ‘Great Replacement’ Theory.”  It’s also firmly rooted in the idea that men own women and whatever activities they can do.  This analysis was written by Alex Samuels and Monica Potts.

Throughout colonial America and into the 19th century, abortions were fairly common with the help of a midwife or other women and could be obtained until the point that you could feel movement inside, according to Lauren MacIvor Thompson, a historian of early-20th-century women’s rights and public health. Most abortions were induced through herbal or medicinal remedies and, like other medical interventions of the time, weren’t always effective or safe.

But the dynamics surrounding the procedure changed by the mid-19th century, as America’s elites began to fear a rising tide of immigrants from Ireland, Italy and other European countries (people often viewed as “inferior”), suffragists seeking new freedoms and recently freed Black people, whom these elites feared were reproducing at higher rates than the white population. Laws limiting abortion, it was believed, would ultimately force middle- and upper-class white women — who had the most access to detect and terminate unwanted pregnancies — to bear more white children.

“There were concerns that these other groups were demographically outpacing white, Anglo-Saxon, Protestant women. And so they thought to limit the bodily autonomy of white women and limit access to contraception in order to force them to have children. That they felt would keep up with the demographic birth rate,” said Alex DiBranco, the co-founder and executive director of the Institute for Research on Male Supremacism.

It took time for the anti-abortion movement to attract supporters, and unlike today, religious groups were not originally an active part of it. Still, momentum built as a small but influential number of physicians began arguing that licensed male doctors — as opposed to female midwives — should care for women throughout the reproductive cycle. In the late 1850s, one of the leaders of the nascent anti-abortion movement, a surgeon named Horatio Robinson Storer, began arguing that he didn’t want the medical profession to be associated with abortion. He was able to push the relatively new American Medical Association to support his cause, and soon they were working to delegitimize midwives and enforce abortion bans. In an 1865 essay issued by order of the AMA, Storer went so far as to say of white women that “upon their loins depends the future destiny of the nation.”

The Family (John Gruen, Jane Wilson and Julia), Alice Neel, 1970

There’s a lot more in the article if you can stand to read all the misogyny, racism, and basic WASP nationalism. From Cameron Joseph, at VICE we learn exactly how deep the Republican Party’s hatred of women has become.  “JD Vance Suggests People in ‘Violent’ Marriages Shouldn’t Get Divorced. The Ohio Republican Senate nominee claimed people “shift spouses like they change their underwear,” and that it had damaged a generation of children.”

“This is one of the great tricks that I think the sexual revolution pulled on the American populace, which is the idea that like, ‘well, OK, these marriages were fundamentally, you know, they were maybe even violent, but certainly they were unhappy. And so getting rid of them and making it easier for people to shift spouses like they change their underwear, that’s going to make people happier in the long term,’” Vance said.

“And maybe it worked out for the moms and dads, though I’m skeptical. But it really didn’t work out for the kids of those marriages,” Vance continued. “And that’s what I think all of us should be honest about, is we’ve run this experiment in real time. And what we have is a lot of very, very real family dysfunction that’s making our kids unhappy.”

Vance was responding to a moderator who referenced his grandparents’ relationship before asking, “What’s causing one generation to give up on fatherhood when the other one was so doggedly determined to stick it out, even in tough times?” And those comments came immediately after he brought up his grandparents’ relationship and how it differed from his parents’ generation. He described their marriage as “violent” in his best-selling book “Hillbilly Elegy,” though they’d reconciled by the time he came along and helped raise him, giving him a sense of safety and stability his mother was unable to provide.

“Culturally, something has clearly shifted. I think it’s easy but also probably true to blame the sexual revolution of the 1960s. My grandparents had an incredibly chaotic marriage in a lot of ways, but they never got divorced, right? They were together to the end, ’til death do us part. That was a really important thing to my grandmother and my grandfather. That was clearly not true by the 70s or 80s,” he said.

Terrace in Balcic, Nutzi Acontz, 1930

How about once women actually get choices, where they can take care of themselves and their families, that makes the horrid man in their life irrelevant?  I endured one marriage of 20 years and believe me, never again. He’s working on his third btw.

So, one more topic I want to cover today is how the Republicans are trying to form a new kind of servitude on everyone but white Christian men and billionaires. First up from The Daily Beast: “The Four Stages of Republican Misinformation. The right has a tested formula to brainwash its base. From the Big Lie to attacking a 10-year-old rape victim, here’s how they do it.”  This is written by Wajahat Ali.

The entire right-wing ecosystem unleashed its full arsenal to discredit the 10-year-old girl as a liar, intimidate her physician, demonize liberals, and continue its march backward, undeterred, in its quest to make Handmaid’s Tale cosplay a reality—in an America that subordinates and punishes women for having the audacity to control their own bodies.

To achieve its goal, the right uses a now familiar four-part strategy.

First, Republicans use any means necessary to achieve power and promote their unpopular, extremist, counter-majoritarian agenda.

Second, they create and promote disinformation and lies to frighten their base and Jedi mind-trick them into believing they are being oppressed by the actual victims.

Third, they create a specific villain, target them, and then attack them through scapegoating, smearing, and intimidation.

Fourth, they never apologize or back down once their lie is exposed, but instead, they double down, and in times of doubt, always pivot towards racism and fear-mongering.

To illustrate the strategy, look no further than the GOP’s rationalization of the Jan. 6 insurrection and embrace of the Big Lie—which gave them the successful blueprint to promote their hateful anti-abortion policies.

First, Donald Trump deliberately promoted lies and conspiracy theories about election fraud conducted by Democrats. Instead of accepting his defeat, he unleashed a premeditated, coordinated strategy to engage in a failed coup, which eventually resulted in thousands of his supporters overtaking the U.S. Capitol in an effort to overturn a free and fair election.

To get to the point where a 10-year-old rape victim has to cross state lines for an abortion, look to the GOP’s four-decade effort to kill Roe v. Wade. Republicans finally got their wish by packing the Supreme Court with right-wing extremists in black robes handpicked by the Federalist Society. Sen. Mitch McConnell stole Merrick Garland’s seat by refusing to hold a confirmation hearing, citing the need to wait until after the 2016 election. Then, he went against his own bullshit precedent and bum-rushed Justice Amy Coney Barrett on to the Court after millions of votes had already been cast in the 2020 election. That’s how they got a right-wing majority to dutifully overturn Roe, which led to Republican-controlled states imposing draconian laws that are punishing women and their health-care providers.

Second, the right-wing media ecosystem continues to amplify the Big Lie and fuel conspiracy theories, which has since resulted in a majority of GOP voters falsely believing Biden was not fairly elected. More than 100 Republicans who have won their recent primaries support the Big Lie, which has transformed into a MAGA litmus test for aspiring GOP candidates.

Anxiety, Edvard Munch,1894

There’s more.  It’s a brutally factual and honest assessment. This leads to a story sent to me last night by BostonBoomer.  This is from The Atlantic: “America’s Self-Obsession Is Killing Its Democracy. The U.S. still has a chance to fix itself before 2024. But when democracies start dying—as ours already has—they usually don’t recover.”  It’s written by Brian Klaas.  I hate to be a Debbie Downer, but we must wake everyone up to all of this.

American democracy is dying. There are plenty of medicines that would cure it. Unfortunately, our political dysfunction means we’re choosing not to use them, and as time passes, fewer treatments become available to us, even though the disease is becoming terminal. No major prodemocracy reforms have passed Congress. No key political figures who tried to overturn an American election have faced real accountability. The president who orchestrated the greatest threat to our democracy in modern times is free to run for reelection, and may well return to office.

Our current situation started with a botched diagnosis. When Trump first rose to political prominence, much of the American political class reacted with amusement, seeing him as a sideshow. Even if he won, they thought, he’d tweet like a populist firebrand while governing like a Romney Republican, constrained by the system. But for those who had watched Trump-like authoritarian strongmen rise in Turkey, India, Hungary, Poland, the Philippines, Sri Lanka, Thailand, and Venezuela, Trump was never entertaining. He was ominously familiar.

At issue was a classic frame-of-reference problem. America’s political culture is astonishingly insular. Turn on cable news and it’s all America, all the time. Other countries occasionally make cameos, but the story is still about us. (Poland is discussed if Air Force One goes to Warsaw; Iran flits into view only in relation to Washington’s nuclear diplomacy; Madagascar appears only in cartoon form, mostly featuring talking animals that don’t actually live there.) Our self-obsession means that whenever authoritarianism rises abroad, it’s mentioned briefly, if at all. Have you ever spotted a breathless octobox of talking heads on CNN or Fox News debating the death of democracy in Turkey, Sri Lanka, or the Philippines?

That’s why most American pundits and journalists used an “outsider comes to Washington” framework to process Trump’s campaign and his presidency, when they should have been fitting every fresh fact into an “authoritarian populist” framework or a “democratic death spiral” framework. While debates raged over tax cuts and offensive tweets, the biggest story was often obscured: The system itself was at risk.

Even today, too many think of Trump more as Sarah Palin in 2012 rather than Viktor Orbán in 2022. They wrongly believe that the authoritarian threat is over and that January 6 was an isolated event from our past, rather than a mild preview of our future. That misreading is provoking an underreaction from the political establishment. And the worst may be yet to come.

This is another long read, but please check it out! I think I’ve saddled you with enough angst and anxiety for a while.  Oh, and sorry, but I am on a Queen binge recently. So enjoy the killer lyrics and solo guitar by Brian May, the Freddie vocals, and the artwork that is this video.

What’s on your reading and blogging list today?

While the sun hangs in the sky and the desert has sand
While the waves crash in the sea and meet the land
While there’s a wind and the stars and the rainbow
‘Til the mountains crumble into the plain
Oh, yes, we’ll keep on tryin’
Tread that fine line
Oh, we’ll keep on tryin’, yeah
Just passing our time
While we live according to race, colour or creed
While we rule by blind madness and pure greed
Our lives dictated by tradition, superstition, false religion
Through the aeons, and on and on
Oh, yes, we’ll keep on tryin’
We’ll tread that fine line
Oh-oh, we’ll keep on tryin’
‘Til the end of time
‘Til the end of time
Through the sorrow, all through our splendour
Don’t take offence at my innuendo
You can be anything you want to be
Just turn yourself into anything you think that you could ever be
Be free with your tempo, be free, be free
Surrender your ego, be free, be free to yourself
If there’s a God or any kind of justice under the sky
If there’s a point, if there’s a reason to live or die
If there’s an answer to the questions, we feel bound to ask
Show yourself, destroy our fears, release your mask
Oh, yes, we’ll keep on trying
Hey, tread that fine line
Yeah, we’ll keep on smiling, yeah (yeah, yeah)
And whatever will be, will be
We’ll keep on trying
We’ll just keep on trying
‘Til the end of time
‘Til the end of time
‘Til the end of time


Season One Finale Friday Reads

My friend John’s take on Josh Hawley today.

Good Day Sky Dancers!

We learned from last night’s January 6 Committee Hearing that we’ve got at least three new installments coming in September. I’m hoping the DOJ uses that time wisely to check on the Secret Service and all the other co-conspirators to Trump’s planned sedition and coup. Let’s wrap up the Season One Finale and examine some more exciting side stories accompanying it.

First up, from USA Today, Security footage shows Senator Josh Hawley hauling ass to escape Trump’s mob as it invaded the Capitol. These were the folks he egged on earlier at the Trump Rally to do just that! Looks like Josh probably needed a change of pants too! Although I’m not confident that my friend Peter meant quite that when he wrote “A Stain On Our History” last night.

From Peter’s Blog:

Lawyers love timelines even lapsed ones like me. The committee has done a masterful job assembling a coherent and convincing timeline of what happened at the White House on the day of the Dipshit Insurrection and the day after.

The committee established that Trump did more than just sit there watching teevee during the now infamous 187-minute gap. He made calls, cheered on the rioters, refused to denounce the violence, and continued plotting with Rudy Giuliani and various senators including the running man: Josh Hawley.

Peter also points out Trump’s troubles with his “Just Go Home” recording. There was a lot of meat in yesterday’s hearing, but the tick-tock of the lost One Hour and Eight-Seven Minutes was all it promised. This is from NPR: “January 6 panel sheds light on the 187 minutes Trump went dark during Capitol siege,” by Barbara Sprunt.

The Democrat-led committee shed light on the much-talked about but still murky 187 minutes that stretched from his speech to his supporters at 1:10 p.m. ET to his 4:17 p.m. ET video statement asking them to return home.

The hearing, led by military veterans Reps. Elaine Luria, D-Va., and Adam Kinzinger, R-Ill., used witness testimony to piece together Trump’s actions the afternoon of Jan. 6, as there was not an official call log from the White House that afternoon and nothing included in the presidential daily diary.

“The chief White House photographer wanted to take pictures because it was, in her words, ‘very important for his archives and for history.’ But she was told: ‘no photographs’,” Luria said.

White House counsel and White House officials testified that Trump did not make any calls to the secretary of defense, the attorney general or the secretary of homeland security during the siege.

Although the White House call logs are empty, Trump lawyer and ally Rudy Giuliani’s call logs show at least two calls between him and the president that day. The committee also noted that other Trump calls that day are known, including several to Republican senators to urge them to delay the certification of Biden’s win.

A major theme from the hearing was how much television the former president consumed as the chaos and violence unfolded.

“President Trump sat in his dining room and watched the attack on television while his senior-most staff closest advisers and family members begged him to do what is expected of any American president,” Luria said. “When lives and our democracy hung in the balance, President Trump refused to act because of his selfish desire to stay in power.”

The committee played video clips of news coverage from Fox News, to show what Trump watched in real time as he tuned in from his dining room, just off from the Oval Office. He watched as his supporters, donning red caps and chanting his name, overwhelmed and outnumbered police as they flooded the Capitol grounds and attempted to breach the Capitol.

As I mentioned, there was also additional action around the hearings themselves. This is from The Daily Beast “DC Trucker Protesters Claim It Was One of Their People Heckling the Cop Beaten by January 6 Mob.” Those watching the hearings know that the audience includes many of the Capitol Police most affected by the mob.

A former D.C. police officer who nearly died after the angry mob that stormed the U.S. Capitol on Jan. 6, 2021, was harassed by protesters with the far-right 1776 Restoration Movement (formerly The People’s Convoy) as he came to the Thursday night primetime hearing. Michael Fanone, who survived a heart attack suffered during the riot, was called “a toxic loser” and other names as he walked near the Capitol. Fanone, a commenter for CNN, had testified in the trial of one of his attackers earlier Thursday, during which he told the judge he hoped the man suffered in prison. Video from the scene showed what appeared to be a dust-up between people harassing Fanone and a man with a banner defending the insurrection hearings. One member of the anti-COVID-19 vaccine 1776 Restoration Movement admitted on a Friday morning livestream that the individual that hounded Fanone was one of their own. The group formerly called The People’s Convoy remains camped out on the National Mall, despite their top livestreamers jumping ship and many members contracting COVID-19.

Donald Trump attracts the worst of humanity. It looks like many pieces of shit were harvested by him in the Secret Service. Again, no wonder Major was biting a bunch of them. This will undoubtedly be on Season Two of the Committee hearings. This is from The New York Times: “Watchdog Informs Secret Service of Criminal Inquiry Into Missing Texts. The Homeland Security Department’s inspector general told the Secret Service to halt its internal investigation into how phone records from around January 6 were purged.”

The inspector general for the Department of Homeland Security directed the Secret Service to halt its internal search for purged texts sent by agents around the time of Jan. 6 so that it does not “interfere with an ongoing criminal investigation,” according to a letter reviewed by The New York Times.

“To ensure the integrity of our investigation, the U.S.S.S. must not engage in any further investigative activities regarding the collection and preservation of the evidence referenced above,” the Homeland Security Department’s deputy inspector general, Gladys Ayala, wrote to James M. Murray, the director of the Secret Service. “This includes immediately refraining from interviewing potential witnesses, collecting devices or taking any other action that would interfere with an ongoing criminal investigation.”

The mention of a potential criminal investigation into the deleted texts of Secret Service personnel sought by Congress and the inspector general suggested the growing seriousness of the scrutiny into the agency’s handling of records from around the time of the attack on the Capitol.

Damon Linker–writing for Eyes on the RIght– asks the question everyone is asking these days. “What the Hell Is Going On at the Secret Service? It sure doesn’t look good”.

In what follows, I am not proposing or alleging that the U.S. Secret Service actively conspired with Donald Trump to advance his extra-legal plans to remain in power after losing the 2020 election. What I’m suggesting is that there were and are enough troubling things going on in and around the agency that an extensive investigation at the highest levels is amply warranted.

What We Know

For those who haven’t been paying attention, here is the background:

  • The House Select Committee to Investigate the January 6th Attack on the U.S. Capitol asked the Secret Service to provide it with text messages among 24 agents in the month prior to and including January 6, 2021. On Tuesday of this week, the agency informed the committee that it had no text messages to share, because they were unintentionally deleted as the result of a message-system migration that began in late January 2021. (The Secret Service has since provided the committee with a single text message. You heard that right: one message.)
  • This deletion took place despite the fact that on January 16, 2021, eleven days before the system migration began, Congress specifically instructed the Department of Homeland Security, which oversees the Secret Service, not to delete anything related to the events of January 6.
  • People well-informed about the technical issues involved find the claim that the Secret Service accidentally deleted or lost all of the relevant text messages as part of a system migration highly implausible.
  • Per reporting in the Washington Post, the Department of Homeland Security’s Office of Inspector General, a watchdog agency, prepared a public alert in October 2021 about Secret Service stonewalling with regard to requests for records and texts having to do with the January 6 attack. The alert was never issued. Then, in February 2022, this same office “learned … that the Secret Service had purged nearly all cellphone texts from around the time of the [attack] but chose not to alert Congress.” We know of both of these non-alerts only because “two whistleblowers who have worked with [DHS] Inspector General Joseph V. Cuffari” have disclosed them to investigators.
  • The current director of the Secret Service, James Murray, was appointed by Donald Trump in 2019. Trump originally wanted to appoint Secret Service agent Tony Ornato to be agency director, but Ornato was at that time serving as White House deputy chief of staff. That crossover from the Secret Service to senior White House operations was highly unusual. (Ornato was a central organizer of the violent removal of protesters from Lafayette Square in June 2020 so President Trump could undertake a photo-op holding a Bible.) Instead of accepting an appointment to head the agency, Ornato apparently recommended Murray for the job.
  • Oh, and way back on December 31, 2020, six days before the events of January 6, Slate ran a short article, based on reporting in the Washington Post, titled, “Secret Service Shakes Up Presidential Detail Amid Fears Some Agents Aligned with Trump.” This reporting showed that prior to the Capitol Hill insurrection, the incoming administration made arrangements to have the president-elect protected by agents Biden knew personally from his time as vice president for fear that agents currently assigned to the presidential detail might remain loyal to the outgoing president.

That sure looks bad, doesn’t it? I can imagine that’s what started the Criminal probe announced yesterday by the Homeland Security IG.

The critical thing the public hearing did yesterday was that it brought other eyewitnesses to the table which could back up the incredible, earlier testimony of Cassidy Hutchinson. This is from MSNBC and MaddowBlog.  It’s written by Steve Benen. “Testimony bolsters Hutchinson claims on Trump’s January 6 meltdown. The right pushed back against Cassidy Hutchinson’s recent testimony, but other witnesses now bolstered much of her assertions.”

Cassidy Hutchinson’s recent testimony to the Jan. 6 committee covered a lot of ground, but there was one story that generated a lot of conversation. The former West Wing staffer described a scene, which had been described to her by Tony Ornato, a senior Secret Service official at the time, in which Donald Trump went a little berserk after his Secret Service agents told him he was being taken back to the White House after his speech at the Ellipse, instead of being taken to the Capitol.

The comments drew plenty of pushback from the right, but nearly a month later, as The New York Times noted, the basic elements of the anecdote appear sound.

One of the most significant disclosures from Ms. Hutchinson was that there was an angry dispute between Mr. Trump and his security detail in his car when the detail refused to drive him to the Capitol to join his supporters. Testimony played on Thursday from an anonymous White House security official and a sergeant in the Metropolitan Police Department who was driving in Mr. Trump’s motorcade corroborated that claim.

“The only description I received was that the president was upset and was adamant about going to the Capitol,” Sergeant Mark Robinson said in deposition testimony. “And there was a heated discussion about that.”

Politico noted a second witness — a person with a national security background given anonymity because of “fear of retribution” — who told the committee that Ornato said the president was “irate” at not being able to the go to the Capitol.

Rep. Elaine Luria, a Democratic member of the committee, said investigators also have “evidence from multiple sources regarding an angry exchange in the presidential SUV.”

This came on the heels of a recent CNN report that quoted two Secret Service sources who confirmed that Trump “demanded to go to the US Capitol on January 6, 2021, and berated his protective detail when he didn’t get his way.”

To be sure, some of the provocative details have not yet been definitively proven. Hutchinson, for example, was told about a moment in which Trump allegedly tried to grab the steering wheel of the Suburban he was riding in, and others have not confirmed that aspect of the story.

I imagine we’ll hear more about this as the press and others dig into the stories. nother thing I’m waiting for is the judge’s verdict on Steve Bannon, whose trial was sent to the jury today after the closing hearings. o, we are on verdict watch. You may want to read this in Mother’s Jones by Dan Friedman published 10 days ago. “ Leaked Audio: Before Election Day, Bannon Said Trump Planned to Falsely Claim Victory. “That’s our strategy. He’s gonna declare himself a winner.”

Hmmmmmm.

So, those are my suggested reads today. What’s on your reading and blogging list?

My hopes for little Stevie Bannon for some background music!