AI technology can be used legitimately to quickly survey the research in a field. But Oren Etzioni, a professor emeritus at the University of Washington who studies AI, said he was shocked by the sloppiness in the MAHA Report.
“Frankly, that’s shoddy work,” he said. “We deserve better.”
“The MAHA Report: Making Our Children Healthy Again,” which addressed the root causes of America’s lagging health outcomes, was written by a commission of Cabinet officials and government scientific leaders. It was led by Health and Human Services Secretary Robert F. Kennedy Jr., who has a history of misstating science, and written in response to an executive order from President Donald Trump.
Extra Lazy Caturday Reads
Posted: April 29, 2023 Filed under: American Gun Fetish, Cats, caturday, Criminal Justice System, Donald Trump, ethics, SCOTUS | Tags: abortion, AR-15, Dobbs decision, Jane Roberts, John Roberts, mass shootings, nuclear weapons, Samuel Alito, stolen classified documents case, Texas, Trump fund-raising, Ukraine, Wire fraud 14 Comments
Happy Caturday!!
I’m getting a very slow start this morning. It feels like everything is kind of awful today, as it often is lately. The politics news is bad enough, but sadly there’s been another mass shooting and the perpetrator is still at large. Not surprisingly, it’s in Texas, and of course the weapon was an AR-15.
ABC News: 5 dead in Texas ‘execution-style’ shooting, suspect armed with AR-15 is on the loose.
Five people are dead after being shot in a Texas home by a suspect armed with an AR-15 style rifle in a horrific series of “execution style” shootings, police said.
A manhunt is currently underway for the suspect, identified by police as 39-year-old Francisco Oropeza, according to ABC station KTRK in Houston.
A judge has issued an arrest warrant for Oropeza and assigned a $5 million bond. Authorities believe Oropeza left by walking or on a bicycle and is currently within a two mile radius of the scene, KTRK reported.
Police said the incident occurred at 11:31 p.m. local time on Friday when officials from the San Jacinto County Sheriff’s Office received a call about harassment in the town of Cleveland, about 55 miles north of Houston.
When authorities arrived at the location, they found several victims shot at the property, police said. Three of the deceased were females and two were males, including the youngest, an 8-year-old boy.
Two female victims were discovered in the bedroom lying on top of two surviving children, authorities told ABC News.
Three minors were located uninjured, but covered in blood. They were transported to a local hospital.
Police said they believe the massacre occurred after neighbors asked the suspect to stop shooting his gun in the front yard because there was a baby trying to sleep.
“My understanding is that the victims, they came over to the fence and said ‘Hey could [you not do your] shooting out in the yard? We have a young baby that’s trying to go to sleep,” and he had been drinking and he says ‘I’ll do what I want to in my front yard,'” San Jacinto County Sheriff Greg Capers told KTRK.
WTF?! I’m at a complete loss for words. There’s more insanity at the link.
Yesterday we got more shocking news about our out-of-control Supreme Court.
Sammy Alito gave a pathetic, whiny interview to James Taranto and David Rivkin of The Wall Street Journal: Justice Samuel Alito: ‘This Made Us Targets of Assassination.’
Justice Samuel Alito was supposed to speak to law students at George Mason University in Arlington, Va., but when they showed up, he wasn’t there….
It wasn’t a lingering fear of Covid-19. In a mid-April interview in his chambers, Justice Alito fills us in on the May 12, 2022, event: “Our police conferred with the George Mason Police and the Arlington Police and they said, ‘It’s not a good idea. He shouldn’t come here. . . . The security problems will be severe.’ So I ended up giving the speech by Zoom,” he says. “Still, there were so many protesters and they were so loud that you could hear them.”
By now a noisy mob of law students may sound like any other school day, but last May also was a tumultuous time for the court. The preceding week, someone had leaked a draft of Justice Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, a landmark abortion case that wouldn’t be decided until late June….
He now says that the leak “created an atmosphere of suspicion and distrust. We worked through it, and last year we got our work done. This year, I think, we’re trying to get back to normal operations as much as we can. . . . But it was damaging.”
It was damaging for millions of American women and for doctors too, but Sammy is oblivious to that. Alito also believes he knows who the leaker is.
“I personally have a pretty good idea who is responsible, but that’s different from the level of proof that is needed to name somebody,” he says. He’s certain about the motive: “It was a part of an effort to prevent the Dobbs draft . . . from becoming the decision of the court. And that’s how it was used for those six weeks by people on the outside—as part of the campaign to try to intimidate the court.”
That campaign included unlawful assemblies outside justices’ homes, and that wasn’t the worst of it. “Those of us who were thought to be in the majority, thought to have approved my draft opinion, were really targets of assassination,” Justice Alito says. “It was rational for people to believe that they might be able to stop the decision in Dobbs by killing one of us.” On June 8, an armed man was arrested outside the home of Justice Brett Kavanaugh; the suspect was later charged with attempted assassination and has pleaded not guilty.
This man is delusional. No one suggested preventing the decision by murdering one of the justices. People peacefully demonstrated outside their homes. One crazy guy showed up outside Kavanaugh’s house and then turned himself into to police without doing anything.
He adds that “I don’t feel physically unsafe, because we now have a lot of protection.” He is “driven around in basically a tank, and I’m not really supposed to go anyplace by myself without the tank and my members of the police force.” Deputy U.S. marshals guard the justices’ homes 24/7. (The U.S. Marshals Service, a bureau of the Justice Department, is distinct from the marshal of the court, who reports to the justices and oversees the Supreme Court Police.)
He’s a lot safer than women who are refused care after miscarriages until they are at death’s door, but Sammy couldn’t care less about them. He is also ignorant of the history of protests against Supreme Court justices.
Anyway, read the interview at the the WSJ if you can stomach it.
Yesterday, Insider’s Mattathias Schwartz broke a story about John Roberts ethical problems: Jane Roberts, who is married to Chief Justice John Roberts, made $10.3 million in commissions from elite law firms, whistleblower documents show.
Two years after John Roberts’ confirmation as the Supreme Court’s chief justice in 2005, his wife, Jane Sullivan Roberts, made a pivot. After a long and distinguished career as a lawyer, she refashioned herself as a legal recruiter, a matchmaker who pairs job-hunting lawyers up with corporations and firms.
Roberts told a friend that the change was motivated by a desire to avoid the appearance of conflicts of interest, given that her husband was now the highest-ranking judge in the country. “There are many paths to the good life,” she said. “There are so many things to do if you’re open to change and opportunity.”
And life was indeed good for the Robertses, at least for the years 2007 to 2014. During that eight-year stretch, according to internal records from her employer, Jane Roberts generated a whopping $10.3 million in commissions, paid out by corporations and law firms for placing high-dollar lawyers with them.
That eye-popping figure comes from records in a whistleblower complaint filed by a disgruntled former colleague of Roberts, who says that as the spouse of the most powerful judge in the United States, the income she earns from law firms who practice before the Court should be subject to public scrutiny.
“When I found out that the spouse of the chief justice was soliciting business from law firms, I knew immediately that it was wrong,” the whistleblower, Kendal B. Price, who worked alongside Jane Roberts at the legal recruiting firm Major, Lindsey & Africa, told Insider in an interview. “During the time I was there, I was discouraged from ever raising the issue. And I realized that even the law firms who were Jane’s clients had nowhere to go. They were being asked by the spouse of the chief justice for business worth hundreds of thousands of dollars, and there was no one to complain to. Most of these firms were likely appearing or seeking to appear before the Supreme Court. It’s natural that they’d do anything they felt was necessary to be competitive.”
Roberts’ apparent $10.3 million in compensation puts her toward the top of the payscale for legal headhunters. Price’s disclosures, which were filed under federal whistleblower-protection laws and are now in the hands of the House and Senate Judiciary committees, add to the mounting questions about how Supreme Court justices and their families financially benefit from their special status, an area that Senate Democrats are vowing to investigate after a series of disclosure lapses by the justices themselves.
No wonder Roberts is resisting any serious ethics rules for his powerful court. Unfortunately he’s not alone. Even the liberal justices don’t want ethics rules. The three branches of government are supposed to be equal, but the Supremes are behaving as if their branch is more equal than the other two.
ABC News: All 9 Supreme Court justices push back on oversight: ‘Raises more questions,’ Senate chair says.
There’s no conservative-liberal divide on the U.S. Supreme Court when it comes to calls for a new, enforceable ethics code.
All nine justices, in a rare step, on Tuesday released a joint statement reaffirming their voluntary adherence to a general code of conduct but rebutting proposals for independent oversight, mandatory compliance with ethics rules and greater transparency in cases of recusal.
The implication, though not expressly stated, is that the court unanimously rejects legislation proposed by Democrats seeking to impose on the justices the same ethics obligations applied to all other federal judges.
“The justices … consult a wide variety of authorities to address specific ethical issues,” the members of the high court said in a document titled “Statement on Ethics Principles and Practices.”
It appears to be the first time an entire court has publicly explained its approach to ethics issues and attested to specific parts of federal law governing their conduct.
The justices’ statement, appended to a letter from Chief Justice John Roberts to Senate Judiciary Committee Chairman Dick Durbin, D-Ill., appears squarely aimed at answering critics’ concerns and demands from some for outside oversight.
“Without a formal code of conduct, without a way to receive ethics complaints and without a way to investigate them, the Supreme Court has set itself apart from all other federal institutions,” said Gabe Roth, executive director of Fix the Court, a left-leaning judicial watchdog group that has been lobbying Congress to mandate a high court code.
Durbin said Thursday in a statement that the justices’ explanation of their approach to ethics “raises more questions than it resolves.”
“Make no mistake,” he said, “Supreme Court ethics reform must happen whether the Court participates in the process or not.”
I hope Durbin is prepared to keep pushing this.
Two stories on Trump’s crimes:
The New York Times: Prosecutors in Jan. 6 Case Step up Inquiry Into Trump Fund-Raising.
As they investigate former President Donald J. Trump’s efforts to overturn the 2020 election, federal prosecutors have also been drilling down on whether Mr. Trump and a range of political aides knew that he had lost the race but still raised money off claims that they were fighting widespread fraud in the vote results, according to three people familiar with the matter.
Led by the special counsel Jack Smith, prosecutors are trying to determine whether Mr. Trump and his aides violated federal wire fraud statutes as they raised as much as $250 million through a political action committee by saying they needed the money to fight to reverse election fraud even though they had been told repeatedly that there was no evidence to back up those fraud claims.
The prosecutors are looking at the inner workings of the committee, Save America PAC, and at the Trump campaign’s efforts to prove its baseless case that Mr. Trump had been cheated out of victory.
In the past several months, prosecutors have issued multiple batches of subpoenas in a wide-ranging effort to understand Save America, which was set up shortly after the election as Mr. Trump’s main fund-raising entity. An initial round of subpoenas, which started going out before Mr. Trump declared his candidacy in the 2024 race and Mr. Smith was appointed by Attorney General Merrick B. Garland in November, focused on various Republican officials and vendors that had received payments from Save America.
But more recently, investigators have homed in on the activities of a joint fund-raising committee made up of staff members from the 2020 Trump campaign and the Republican National Committee, among others. Some of the subpoenas have sought documents from around Election Day 2020 up the present.
Prosecutors have been heavily focused on details of the campaign’s finances, spending and fund-raising, such as who was approving email solicitations that were blasted out to lists of possible small donors and what they knew about the truth of the fraud claims, according to the people familiar with their work. All three areas overlap, and could inform prosecutors’ thinking about whether to proceed with charges in an investigation in which witnesses are still being interviewed.
Read the rest at the NYT.
Dennis Aftergut at Justia: Trump’s Nonsensical Letter to Congress Attacking the DOJ’s Mar-a-Lago Case Shows He Has No Defense.
On Wednesday, former President Donald Trump’s lawyers sent a desperate, 10-page letter to Rep. Mike Turner, chair of the House Intelligence Committee. The punch line comes in its conclusion: “DOJ should be ordered to stand down” in Special Counsel Jack Smith’s case against Trump for obstructing justice in his 18 months of stonewalling the return of classified documents improperly held at Mar-a-Lago.
Of course, Congress has no such power. Ironically, the letter achieved something completely unintended. It effectively confirmed that Trump has no viable defense against the likely Justice Department charges for Trump’s obstruction.
The letter also revealed for the first time that the classified documents recovered in the August 7, court-approved search of Trump’s country club home may include briefings of foreign leaders.
It’s hard to know what Trump was trying to achieve beyond “spin.” No crimes to see here, the letter lamely contends.
His lawyers assert that Trump didn’t knowingly possess or retain top-secret documents at Mar-a-Lago. His aides were just sloppy, the letter says, in the rushed process of leaving the White House, and Trump didn’t even know the classified documents were there. Even Vice Presidents Mike Pence and Joe Biden inadvertently took classified documents after their time in office.
If these contentions are a preview of Trump’s defenses to an indictment from Smith’s grand jury, Jack Smith can rest easy. The arguments are so abysmally weak that they leave any knowledgeable observer with a simple inference: Trump and his lawyers know an indictment is coming soon and there’s nothing they can do about it but offer smoke and mirrors.
Like asking Congressman Turner to investigate the need for legislation to address the lack of controls on classified documents that elected officials unintentionally take when leaving public service. Here’s the problem for the former president and his letter: Jack Smith has mountains of evidence that contradict Trump’s claim that his improper possession and retention of those classified documents was inadvertent.
Read more at the link.
I haven’t been following the war in Ukraine very closely, but this NYT headline caught my attention: U.S. Wires Ukraine With Radiation Sensors to Detect Nuclear Blasts.
The United States is wiring Ukraine with sensors that can detect bursts of radiation from a nuclear weapon or a dirty bomb and can confirm the identity of the attacker.
In part, the goal is to make sure that if Russia detonates a radioactive weapon on Ukrainian soil, its atomic signature and Moscow’s culpability could be verified.
Ever since Russia invaded Ukraine 14 months ago, experts have worried about whether President Vladimir V. Putin of Russia would use nuclear arms in combat for the first time since the American bombings of Hiroshima and Nagasaki in 1945. The preparations, mentioned last month in a House hearing and detailed Wednesday by the National Nuclear Security Administration, a federal agency that is part of the Energy Department, seem to constitute the hardest evidence to date that Washington is taking concrete steps to prepare for the worst possible outcomes of the invasion of Ukraine, Europe’s second largest nation.
The Nuclear Emergency Support Team, or NEST, a shadowy unit of atomic experts run by the security agency, is working with Ukraine to deploy the radiation sensors, train personnel, monitor data and warn of deadly radiation.
In a statement sent to The New York Times in response to a reporter’s question, the agency said the network of atomic sensors was being deployed “throughout the region” and would have the ability “to characterize the size, location and effects of any nuclear explosion.” Additionally, it said the deployed sensors would deny Russia “any opportunity to use nuclear weapons in Ukraine without attribution.”
Read more details at the NYT.
I’m going to end there. What else is happening? What stories have captured your interest today?
Thursday Reads
Posted: April 27, 2023 Filed under: Donald Trump, ethics, SCOTUS | Tags: Background Checks, defamation, E. Jean Carroll, Jack Teixeira, January 6 grand jury, John Roberts, mass shootings, Mike Pence, Pentagon documents, rape, security clearances, Senate Judiciary Committee, Supreme Court ethics 19 Comments
Tove Jansson, Still life with fruit and flowers on the background of an open door, 1945
Good Afternoon!!
Once again the news is coming fast and furious today, but the top story has to be the latest about Jack Teixeira, the 21-year-old air national guardsman who leaked classified documents on Discord.
The story is getting worse with each passing day. This kid not only had access to secret government documents, but also he stockpiled weapons in his parents’ home and fantasized about being a mass murderer.
NPR: The suspected leaker of Pentagon documents is due back in federal court.
The air national guardsman accused of leaking U.S. government secrets is due back in federal court in Worcester, Mass., at 1 p.m. on Thursday. Federal prosecutors are urging that the defendant, Jack Teixeira, 21, a member of the Massachusetts Air National Guard, remain in jail pending trial.
In a new court filing, federal prosecutors say Teixeira faces significant prison time, if convicted, and poses a serious flight risk. They say he took steps to obstruct the investigation into the leak of U.S. intelligence documents, many of which were about Ukraine’s war against Russia.
According to court papers, investigators found a tablet, a laptop and a gaming console — all of them smashed — in a dumpster at Teixeira’s house after his arrest. Teixeira also allegedly told an associate online to delete all messages with him and that if anyone came asking questions about him, not to tell them anything. Prosecutors also say Teixeira began in February 2022 to access classified national defense information that had no bearing on his job. Not all of those materials have publicly surfaced yet.
NBC News: Intel leaks suspect is a flight risk and could have access to more classified docs, prosecutors say.
Prosecutors will urge a judge Thursday to keep Jack Teixeira, 21, behind bars, arguing he poses “a serious flight risk,” and that a “foreign adversary” could try to help him escape the United States and give him safe haven.
“The information to which the Defendant had access — and did access — far exceeds what has been publicly disclosed on the Internet to date,” the document said. The leaks “have the capacity to cause additional exceptionally grave damage to the U.S. national security if disclosed.”
The 18-page memo said Teixeira had a history of making violent and racist remarks — including posting on social media about wanting to carry out a mass shooting — keeping “an arsenal of weapons”and tactical gear at his house, and trying to thwart federal investigators by apparently destroying evidence.
The filing comes ahead of a detention hearing Thursday in Massachusetts federal court. Teixeira, who has not entered a plea, has been in jail since his arrest earlier this month in a case that represents one of the most significant intelligence leaks in years. The saga has fueled global uproar and doubts over America’s ability to guard its secrets….
“The damage the Defendant has already caused to the U.S. national security is immense. The damage the Defendant is still capable of causing is extraordinary,” prosecutors wrote. “If the Defendant were released, it would be all too easy for him to further disseminate classified information and would create the unacceptable risk that he would flee the United States and take refuge with a foreign adversary to avoid the reach of U.S. law.”

Spring still life, by Susan Novak
On Teixeira’s fascination with mass shootings:
Teixeira also used his government computer to search for information on previous mass shootings, including “Uvalde” and “Mandalay Bay shooting,” the filing said. Media reports have suggested these searches may have been related to Teixeira’s belief in conspiracy theories that the government had prior knowledge of these shootings, it added. But prosecutors said that coupled with his social media posts and weapons cache these searches were “troubling.”
Teixeira lives in his mother and stepfather’s house in North Dighton, Massachusetts, and in his bedroom keeps a gun locker stocked with handguns, bolt-action rifles, shotguns, and an AK-style high-capacity weapon, prosecutors said.
His “arsenal of weapons” also included a bazooka, and a “silencer-style accessory,” according to investigators, who found a tactical helmet with a GoPro camera and mount in the dumpster outside, according to the filing.
BBC News: Jack Teixeira: Suspected leaker made threats and researched shootings, US says.
Jack Teixeira wrote on social media that he wanted to kill a “ton of people” as a way of “culling the weak minded”, according to a court filing.
The 18-page document also claimed the 21-year-old asked what type of rifle would be easy to operate from an SUV.
According to the prosecutors, he posted repeatedly about “troubling” violent acts including a potential mass shooting. He allegedly described building an “assassination van” and driving around shooting people in a “crowded urban or suburban environment”.
He also allegedly searched for multiple recent mass shootings on his government computer, including Uvalde and the Las Vegas shooting.
The filing also said a search of Mr Teixeira’s home had uncovered “a virtual arsenal of weapons, including bolt-action rifles, rifles, AR and AK-style weapons, and a bazooka” that were kept “just feet from his bed”.
It added that he was suspended from high school when a classmate overheard him making threats and discussing Molotov cocktails as well as other weapons.
How the hell did this kid get a top secret security clearance from the Pentagon? Here’s a clue:
In other news, E. Jean Carroll testified in her civil case against Donald Trump yesterday, and it was powerful. Trump didn’t have the guts to show up in court, and that probably didn’t make a good impression on the jury.
Mitchell Epner at The Daily Beast: Jury Has Likely Decided Trump’s Fate in Rape Case Already.
On the first day of trial testimony Wednesday, E. Jean Carroll took the witness stand and provided unvarnished testimony that she was raped by Donald Trump in the 1990s. She testified: “I’m here because Donald Trump raped me, and when I wrote about it, he said it did not happen.”
By André Deymonaz
She testified that she and Trump went together to the lingerie department on the sixth floor of Bergdorf Goodman, flirting. When they got there, Trump followed her into the dressing room and pushed her against the wall, knocking her head and disorienting her. He also pulled down her tights, stuck his fingers inside of her vagina—causing her great pain—and stuck his penis inside of her vagina, for a period of time, while she struggled against him.
This testimony is the key to the case. If the jury believes it, they will find Trump liable for the rape of E. Jean Carroll, and likely award her significant damages. If the jury does not believe it, they will return a verdict in favor of the former president.
Based upon more than 25 years of experience as a trial attorney, including service as an Assistant United States Attorney prosecuting sex crimes, I believe that it is highly likely that the jurors have already made up their minds about whether Carroll is telling the truth—before she has completed her direct testimony and long before Donald Trump’s attorneys have the opportunity to cross-examine her.
On Trump absenting himself:
This case won’t be a “he said, she said” case—because Trump is unlikely to testify.
In fact, Trump has not attended the trial at all so far. During opening statements, his attorney, Joe Tacopina, appeared to indicate that the trend would continue, saying that Trump’s testimony would only occur in deposition excerpts. Trump’s witness list consists of only two people, Donald Trump and Dr. Edgar Nace, a psychiatric expert witness.
Trump also is not presenting any exhibits, other than excerpts from depositions. If he does not testify, the only way he will get facts into evidence will be through cross-examination of Ms. Carroll’s witnesses.
Ms. Carroll, on the other hand, will present a number of corroborating witnesses:
- Lisa Birnbaum: The bestselling author will testify that Carroll told her immediately after the incident what Trump had done to her. She will also testify that she told Carroll that she had been “raped.”
- Carol Martin: The first African-American anchor on local news in New York City (for over two decade) will likewise testify that Carroll told her immediately of the rape by Trump. Martin will testify that she told Carroll not to pursue the case, because he had “200 lawyers” and would destroy her.
- Jessica Leeds: Another of Trump’s alleged victims, she will testify that she was sexually assaulted by Donald Trump when she sat next to him on a flight in the 1970s, when he attempted to place his fingers inside of her vagina.
- Natasha Stoynoff: Then a reporter for People magazine, she will testify that Donald Trump sexually assaulted her when she was at Mar-A-Lago in the early 2000s, working on a story.
Carroll is also set to present the infamous Access Hollywood video, in which Donald Trump bragged that he could grab women “by the pussy” without consent, because he was “a star.”
Perhaps even more importantly, Carroll already addressed most of the points that Trump’s attorneys wanted to make on cross-examination.
Read more at the link.

Still life with a ginger jar and eggplant, by Paul Cezanne
In addition to all this, Trump posted about the case on Truth Social yesterday, and the judge was not happy. He suggested that Trump could get himself in further trouble by trying to influence the jury.
The Guardian: Judge rebukes Trump for ‘entirely inappropriate’ post before E Jean Carroll testimony.
Before Carroll took the stand…the judge in the case, Lewis A Kaplan, rebuked Trump for an “entirely inappropriate” statement on his social media platform, Truth Social, shortly before proceedings began.
Kaplan warned the former president’s lawyers that such statements about the case could bring more legal problems upon himself.
Trump, who has not attended so far, called the case “a made-up scam”. He also called Carroll’s lawyer “a political operative” and alluded to a DNA issue Kaplan has ruled cannot be part of the case.
“This is a fraudulent and false story – Witch Hunt!” Trump wrote….
The judge told Trump’s lawyers: “What seems to be the case is that your client is basically endeavoring, certainly, to speak to his quote-unquote public, but, more troubling, the jury in this case about stuff that has no business being spoken about.”
He also called Trump’s post “a public statement that, on the face of it, seems entirely inappropriate”.
The Trump attorney Joe Tacopina noted that jurors are told not to follow any news or online commentary about the case. But he said he would ask Trump “to refrain from any further posts about this case”.
“I hope you’re more successful,” Kaplan said, adding that Trump “may or may not be tampering with a new source of potential liability”.
This morning Carroll testified that she has been receiving threats, following Trump’s postings.
Another big story broke late yesterday. Trump has lost high fight to keep Mike Pence from testifying to the January 6 grand jury.
CNN: Trump loses appeal to block Pence from testifying about direct communications.
Former President Donald Trump has lost an emergency attempt to block former Vice President Mike Pence from testifying about their direct conversations, in the latest boost to a federal criminal investigation examining Trump’s and others’ actions after the 2020 election.
The former president has repeatedly tried and failed to close off some answers from witnesses close to him in the special counsel’s investigation. This latest order from the DC Circuit Court of Appeals likely will usher in Pence’s grand jury testimony quickly – an unprecedented development in modern presidential history.
The decision, from Judges Patricia Millett, Robert Wilkins and Greg Katsas on the DC Circuit, came in a sealed case on Wednesday night that CNN previously identified as Trump’s executive privilege challenge to Pence. No dissents were noted on the public docket.
Trump has tried to block Pence from testifying about their direct communications, even after the former vice president wrote about some of those exchanges and a lower-court judge had ruled against him.
Trump asked the DC Circuit for emergency intervention weeks ago. The court refused to put on hold Pence’s subpoena and to override the lower-court ruling, flatly denying Trump’s requests.
Trump could try to appeal again and even press the issue at the Supreme Court. Yet he gave up pushing several past executive privilege challenges to special counsel Jack Smith’s investigation after similar rulings from this court of appeals.

Breakfast still life, 1924, by Ilya Mashkov
One more important story–on the latest developments in the Supreme Court ethics scandal.
Dahlia Lithwick and Mark Joseph Stern at Slate: King Roberts: The chief justice’s latest trick to ward off oversight is the ploy of a royal, not a judge.
Last Thursday, Sen. Dick Durbin invited Chief Justice John Roberts to testify before the Senate Judiciary Committee about, well, to put it directly—the Supreme Court’s diaphanous ethics regime. On Tuesday evening, in his letter to Durbin in which he declined the invitation, Roberts finally named the problem: “Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence,” he wrote. In other words, the justices can enforce checks and balances on the other branches, but the other branches can enforce no checks or balances upon the justices. Which is precisely the problem the Senate Judiciary Committee is attempting to solve.
In an accompanying “Statement on Ethics Principles and Practices,” presumably released for the public, the chief justice laid out the web of laws and practices and guidelines used voluntarily by each justice to determine their individual ethics obligations. Perhaps he was attempting to clarify things, but instead the document illuminates the problem. These obligations and commitments are advisory, unenforceable, and subjective. In response to the widespread concern that no person should be a judge in their own cause, the court has confirmed that it shall continue to be the sole judge of that. (Meanwhile, it will enforce this principle against other courts—which is great, but also … come on!)
Put aside for a moment Politico’s new report that Justice Neil Gorsuch failed to disclose that he’d sold his valuable Colorado property to a prominent lawyer with multiple cases before the court only nine days after he was confirmed, or Bloomberg’s new revelations that Harlan Crow, Justice Clarence Thomas’ GOP-megadonor billionaire friend, also had business before the court, yet his lavish gifts to Thomas were not disclosed because the justice said Crow had no business before the court. Note also that Gorsuch’s failure to disclose has been defended on the grounds that the justice was not friends with the purchaser of his land, whereas Thomas’ failure to disclose Crow’s gifts has been defended on the grounds that the justice was close friends with him. Which “friend” rule wins? Who can possibly know.
The justices themselves are wholly responsible for this high-octane ethics quagmire, which now drags into its fourth week. Any sane institution that relies wholly on public approval, when faced with multiple irrefutable reports of distortions and deception, would respond with a plan to do better. It speaks volumes that the Imperial Court’s response is a promise to simply continue to do the same. Why? Because it thinks the other branches won’t do anything about it. As Ian Millhiser noted in Vox this week, the Constitution makes it extraordinarily difficult to remove a justice, or diminish the court’s power. The reason it is set up this way, believe it or not, is because the framers thought the judiciary would rise above the partisan fray. In practice, however, the Supreme Court has proven remarkably easy for one political party to capture. Its members are selected through a flagrantly political process. It is formed by political imperatives. And yet the court pretends—and demands we all pretend—that it’s magically purified of politics as soon as its justices are seated.
Read the rest at Slate.
That’s all I have for you today. Have a great Thursday, everyone!
Friday Reads: SCOTUS Runs Amok, Congress Vacations, and the Trump Mob got the Blues
Posted: July 1, 2022 Filed under: Black Women Lead, Civil Liberties, Civil Rights, Climate change, ethics, SCOTUS, Second Amendment, Surreality, the GOP, The Insurrection Fallout, The Right Wing, Trump Trash 14 Comments
Happy Friday!
We’re closing in on Independence Day! I’m sure the six signers of the Declaration of Independence that led to me being here sure wouldn’t be happy with the mess we’re in today. None of the nation’s three branches of government is fairing well in today’s polls either. A new Emerson Poll is out and Americans are clearly not happy or trustful of any of the branches.
The latest Emerson College Polling national survey of US voters finds a majority disapprove of President Biden, Congress, and the Supreme Court. Biden has a 40% job approval, while 53% disapprove of the job he is doing as president. Since last month, Biden’s approval has increased two points. The US Congress has a 19% job approval, while 70% disapprove of the job they are doing. The Supreme Court has a 36% job approval; 54% disapprove.
Spencer Kimball, Executive Director of Emerson College Polling said, “Independent voters align more with Democrats on Supreme Court approval: 71% of Democrats and 58% of Independents disapprove of the job that the Supreme Court is doing whereas a majority, 56%, of Republicans approve of the job they are doing.”
In the 2022 November Midterm Elections, 46% of voters plan to vote for the Republican congressional candidate on the ballot while 43% plan to support the Democratic congressional candidate. This congressional ballot test has remained relatively stagnant since last month’s national poll, where Republicans also led by three points on the congressional ballot, 45% to 42%.
Looking at 2024, 64% of Democratic primary or caucus voters think President Biden should be the Democratic nominee for president, while 36% think he should not be. In the 2024 Republican Primary, 55% of voters would support former President Trump, 20% Florida Governor Ron DeSantis, and 9% former Vice President Mike Pence. No other potential GOP candidate clears 5%.
In a hypothetical 2024 Presidential Election matchup between President Biden and former President Trump, Trump holds 44% support while Biden has 39% support; 12% would vote for someone else and 5% are undecided. “Since last month, Trump has held his share of support while Biden’s support has reduced four points.”
The Trump family crime syndicate certainly is a cult. Let’s hope we don’t get a repeat where the left just boycotts our democracy because they can’t get their way. The desire to see Roe as national law is strong everywhere but in the White Christian Nationalist party.
Following the Supreme Court decision to overturn its 1973 Roe v. Wade ruling, which leaves abortion legality up to the states, 59% of voters think that Congress should pass a law legalizing the right to abortion. Among women, support for the legislation is higher: 62% think Congress should pass a law legalizing the right to abortion compared to 55% of men.
“While a majority, 65%, of Republicans oppose Congress passing a law to legalize the right to abortion, the policy has majority support among Democrats and Independent voters, 81% of Democratic voters and 58% of Independent voters support federal legislative action to legalize abortion,” Kimball said.
Congressional legalization of the right to abortion has the highest support among 18-29 year olds: 76% support a federal legalization of abortion, compared to 59% of 30-49 year olds, 50% of 50-64 year olds, and 56% of those over 65.
A majority, 57%, say that they or someone that they’ve known have had an abortion. Among those who have had or know someone who has had an abortion, 62% think Congress should pass a law legalizing the right to abortion.
There are also some numbers on the impact of the public hearings held by the January 6th committee.
The January 6th hearings have had a split impact on voters’ intention to vote for Donald Trump in 2024 if he were to run: 35% say it makes them less likely, 32% say it makes them more likely, 28% say it makes no difference.
Kimball noted, “Half of Republicans say they are more likely to vote for Trump following the January 6th hearings, while a plurality, 38%, of Independents say they are less likely to support Trump if he runs in 2024. More specifically, among those who voted for Trump in 2020, nine percent say they are less likely to vote for him again in 2024 after the hearings.”
Kimball continued, “The January 6th hearings reflect an educational divide, regarding their impact on Trump support: those with a college degree or less are about 33% less likely to vote for Trump because of the hearings, whereas 51% of those with a postgraduate degree are less likely to support Trump because of the hearings.”
Yes, Trump loves him some undereducated people. There are also some numbers on the economy–which is labeled the most important issue by the majority of voters–and gun regulation.
In other polling news, Reproductive and Women’s rights are moving quickly up the priority scale. It’s hard to see that we will get anything done without some new blood in the senate.
A new poll finds a growing percentage of Americans calling out abortion or women’s rights as priorities for the government in the wake of the Supreme Court’s decision to overturn Roe v. Wade, especially among Democrats and those who support abortion access.
With midterm elections looming, President Joe Biden and Democrats will seek to capitalize on that shift.
House Speaker Nancy Pelosi said in remarks immediately after the decision that “reproductive freedom is on the ballot in November.” But with pervasive pessimism and a myriad of crises facing the nation, it’s not clear whether the ruling will break through to motivate those voters — or just disappoint them.
Everyone is still reeling from the number of extremely radical opinions forced on us by a group of White Nationalist Christians on the Supreme Court.
Well, that’s a nice statement. Now, DO SOMETHING!
https://twitter.com/lindarchilders/status/1541588025771061248
From Hayes Brown writing at MSNBC: “Congress has let the Supreme Court run amok. The founders would be baffled by a judiciary that Congress can’t — or won’t — balance.”
The Supreme Court ended its term Thursday having produced a string of decisions that with casual brutality threatened Americans’ privacy, health and well-being. Democrats, in the face of this assault on the rights and privileges of their constituents, haven’t responded with the necessary anger or urgency.
The framers intended Congress to be the most powerful of the three branches of government, consisting of representatives of the people and the states. The executive was to be feared and constrained; the judiciary was, in comparison, an afterthought mostly left to future Congresses to craft. In drafting the Federalist Papers, Alexander Hamilton considered the courts the “least dangerous to the political rights of the Constitution.”
What we’ve seen this term is a court determined to prove Hamilton wrong. While Congress has the ability to curtail the authority that the unbalanced, undemocratic courts have accumulated, there seems to be almost no drive among Democrats to even challenge the third branch.
Let me clarify that I do not propose invalidating the principle of judicial review, whereby the courts have the authority to block and overturn legislative and executive actions. The Supreme Court’s function as arbiter of the Constitution is an important and needed one, given the possible abuses from the other branches.
It’s a power that is more easily used to strike down than to build. As Vox’s Ian Milhiser has noted, while the court can’t establish an agency to protect the rights of citizens, it can absolutely erase one out of existence.
Here’s some historical reference from Ian Milhiser at Vox: “The case against the Supreme Court of the United States. The Court was the midwife of Jim Crow, the right hand of union busters, the dead hand of the Confederacy, and now is one of the chief architects of America’s democratic decline.”
Meanwhile, the Supreme Court’s public approval ratings are in free fall. A Gallup poll taken in June before the Court’s decision in Dobbs found that only 25 percent of respondents have “a great deal” or “quite a lot” of confidence in the Court, a historic low. And that’s after nearly a year’s worth of polls showing the Court’s approval in steady decline.
To thisI say, “good.” The Dobbs decision is the culmination of a decades-long effort by Republicans to capture the Supreme Court and use it, not just to undercut abortion rights but also to implement an unpopular agenda they cannot implement through the democratic process.
And the Court’s Republican majority hasn’t simply handed the Republican Party substantive policy victories. It is systematically dismantling voting rights protections that make it possible for every voter to have an equal voice, and for every political party to compete fairly for control of the United States government. Alito, the author of the opinion overturning Roe, is also the author of two important decisions dismantling much of the Voting Rights Act.
This behavior is consistent with the history of an institution that once blessed slavery and described Black people as “beings of an inferior order.” It is consistent with the Court’s history of union-busting, of supporting racial segregation, and of upholding concentration camps.
Moreover, while the present Court is unusually conservative, the judiciary as an institution has an inherent conservative bias. Courts have a great deal of power to strike down programs created by elected officials, but little ability to build such programs from the ground up. Thus, when an anti-governmental political movement controls the judiciary, it will likely be able to exploit that control to great effect. But when a more left-leaning movement controls the courts, it is likely to find judicial power to be an ineffective tool.
The Court, in other words, simply does not deserve the reverence it still enjoys in much of American society, and especially from the legal profession. For nearly all of its history, it’s been a reactionary institution, a political one that serves the interests of the already powerful at the expense of the most vulnerable. And it currently appears to be reverting to that historic mean.

WASHINGTON, DC – JUNE 30: In this handout provided by the Supreme Court, Chief Justice John G. Roberts, Jr. (R) looks on as Justice Ketanji Brown Jackson signs the Oaths of Office in the Justices’ Conference Room at the Supreme Court on June 30, 2022 in Washington, DC. Jackson was sworn in as the newest Supreme Court Justice today, replacing the now-retired Justice Stephen G. Breyer. (Photo by Fred Schilling/Collection of the Supreme Court of the United States via Getty Images)
Newly sworn-in Justice Ketanji Brown-Jackson is going to join the normal group of women on the court and will have her job cut out for her!
President Joe Biden in a written statement praised Judge Ketanji Brown Jackson’s historic swearing in as the first Black female Justice of the Supreme Court, calling it a “profound step forward.”
“Her historic swearing in today represents a profound step forward for our nation, for all the young, Black girls who now see themselves reflected on our highest court, and for all of us as Americans,” Biden said in the written statement.
Biden also thanked retiring Justice Stephen Breyer for “his many years of exemplary service.”
Here are some links to news on the latest January 6th Committee’s findings.
From Politico: New details of Jan. 6 panel’s mystery messages emerge
“[A person] let me know you have your deposition tomorrow,” read a slide that the Jan. 6 committee broadcast at the end of Hutchinson’s hearing, which Vice Chair Liz Cheney (R-Wyo.) characterized as pressure on a key witness. “He wants me to let you know that he’s thinking about you. He knows you’re loyal, and you’re going to do the right thing when you go in for your deposition.”
Meadows is the person whose name was redacted in that slide. Contents of that final deposition were described to POLITICO, which could not independently corroborate the identity of the intermediary or that Meadows directed any message be delivered to Hutchinson before her second deposition.
From David Rothkopf of The Daily Beast: Put a Fork in Donald Trump—the Ex-President Is Done
Mark it on your calendars. This was the week the meteoric political career of Donald Trump did what meteors often do and collided with planet Earth, leaving a large, ugly mark on the landscape.
The fact that Trump may soon announce his candidacy for the presidency in the days ahead is itself more of a sign of his political collapse than it is of any strength he may have. The first time he ran for president, he did it because he thought it would boost his brand. This time he is likely to do it because he thinks it may make him more difficult to prosecute. And because he can use it to mount one last big attempt to fleece his supporters.
From the Washington Post: ‘Take me up to the Capitol now’: How close Trump came to joining rioters
The excursion that almost happened came into clearer focus this week, as the House committee investigating the attack on the Capitol on Jan. 6, 2021 presented explosive testimony and records detailing Trump’s fervent demands to lead his supporters mobbing the seat of government. Though Trump’s trip was ultimately thwarted by his own security officers, the new evidence cuts closer to the critical question of what he knew about the violence in store for that day.
Trump has acknowledged his foiled effort to reach the Capitol. “Secret Service wouldn’t let me,” he told The Washington Post in April. “I wanted to go. I wanted to go so badly. Secret Service says you can’t go. I would have gone there in a minute.”
But as Trump repeatedly floated the idea in the weeks leading up to Jan. 6, several of his advisers doubted he meant it or didn’t take the suggestion seriously. One senior administration official said Trump raised the prospect repeatedly but in a “joking manner.”
As a result, the White House staff never turned Trump’s stated desires into concrete plans. Press officers made no preparations for a detour to the Capitol, such as scheduling an additional stop for the motorcade and the pool of reporters who follow the president’s movements. There was no operational advance plan drafted for the visit. No speech was written for him to deliver on the Hill, and it wasn’t clear exactly what Trump would do when he got there, said the person who talked with Trump about the idea.
From MediaIte’s Colby Hall: “Rudy Giuliani Deletes Tweet Insisting Cassidy Hutchinson Was Not Present When He Asked for a Pardon.” Giuliani has to be so close to jail that he can smell the jello.
Flagged by Ron Flipowski, who noted “She wasn’t there when I asked Trump for a pardon. But I never asked for a pardon. Only Rudy.”
He deleted the apparently self-incriminating Tweet and clarified that he never asked for a pardon …
So, that’s enough of the chaos for today. I’m just dreaming of BBQ chicken, potato salad, and a really big piece of my mother’s chocolate cake.
Have a nice long weekend!
What’s on your reading and blogging list today?
Blueprint For Accountability, Long Overdue
Posted: March 24, 2012 Filed under: #Occupy and We are the 99 percent!, Banksters, Blueprint for Accountability, corporatism, corruption, ethics, just because, Rule of Law 21 CommentsMark your calendars for this Tuesday, March 27th, 7:00 pm [EST]. Why? The Culture Project will be running another of its Town Hall discussions, a
live stream production from Georgetown University. Stellar participants include: Eliot Spitzer, Matt Taibbi, Dylan Ratigan, Ron Suskind, Van Jones, Heather McGhee and Jessie LaGreca. See brief bio background here.
The discussion topic? It’s all in the title—accountability, the very essence of a sound democracy, yet sadly, an ingredient we’ve seen purposely, repeatedly ignored and shunned by government and corporate leaders alike.
Occupy Wall St. brought public attention to the problem—the yawning divide between the 1% and everyone else. Now, the hard work begins: how do we, public and private citizens alike, steer ourselves back to the premise that the Rule of Law is essential and applies to everyone. How do we make our demands felt inside a broken, corrupt system, where our vote is compromised by big money, our voices drowned in the sludge of corporate and financial interests?
The plan or blueprint needs fresh dialogue, new ideas.
What precisely is the Culture Project? you might be asking. From the site:
CULTURE PROJECT is dedicated to addressing critical human rights issues by creating and supporting artistic work that amplifies marginalized voices. By fostering innovative collaboration between human rights organizations and artists, we aim to inspire and impact public dialogue and policy, encouraging democratic participation in the most urgent matters of our time.
The Accountability series is a slight departure from what the group has done before—programs addressing human rights issues. But in a sense all of our rights are at peril, as is self-evident in the on-going Presidential campaign rhetoric.
The first of the series was launched with MSNBC’s Rachel Maddow in a discussion on torture and the War on Terror. Subsequent presentations featured Robert Kennedy, Jr. ,who spoke to the continuing diminishment of American values and Cornell West last September spoke on the 40th Anniversary of the Attica Prison Rebellion.
I wasn’t aware of these programs. Hattip to Alternet for bringing me up to speed and alerting readers about the program scheduled for Tuesday night
This is another example of networking getting the message out and a live stream presentation made available, reaching a far wider audience than would normally be the case.
Personally, I’m a great fan of Eliot Spitzer. Despite his past personal problems, I think he has a true gift in explaining the financial/legal shenanigans that Wall St. adopted and continues to practice as business as usual. All at the expense of the American public. Dylan Ratigan has his own MSNBC TV show, Monday through Friday. He’s a former financial guy himself and has a book out “Greedy Bastards,” which has spent weeks and weeks on the NY Best Seller’s List. He’s been screaming daily about the country’s breakdown, the systemic corruption and lawlessness pervading everything—the financial sector, education, healthcare, energy, etc. Matt Taibbi writes for the Rolling Stone and has been equally merciless in calling the TBTF’s out for the highway robbers they were and continue to be. Add the other voices on the panel and I suspect the conversation will be lively and worth the 2-hour investment of time.
Live stream program will be found here.
Should be an interesting, informative night. Let the brainstorming begin!


A complete transcript of the speech follows. Also, you may listen to and watch
This phenomenon played out yesterday as one of RFK Jr.’s prodigal research adventures turned into something I wouldn’t even expect from an undergrad or, actually, even someone sitting in my high school or university composition class. He was, of course, a legacy student there because of his father. We also know he was the dorm’s drug dealer from
Well, the nation’s biggest and most disappointing media of record investigated and found some interesting things in the MAHA report. Let’s start with the
So, our Secretary of Health and Human Services is so bereft of research skills that he can’t even avoid the number one Rookie mistake. Does he have anyone around him who knew better and could catch this? I can tell you that a team of peers that checks every research paper headed to publication in an academically sound journal would never let this go through to print. If you’re the main author, you try to avoid any humiliating mistakes for serious journals.
So, while all this is going on, we’re beginning to hear some interesting information on Elon Musk as he exists stage right. This is from
I’m not about to go to the Gossip Rag road, but there are rumors about Mush and Steven Miller’s wife if you’re interested. This is from the
All the best people, folks, all the best. So, I know you just want to know the latest information on the American Soap Opera “As the Tarrifs and the TACO Turns.”
It wasn’t a lingering fear of Covid-19. In a mid-April interview in his chambers, Justice Alito fills us in on the May 12, 2022, event: “Our police conferred with the George Mason Police and the Arlington Police and they said, ‘It’s not a good idea. He shouldn’t come here. . . . The security problems will be severe.’ So I ended up giving the speech by Zoom,” he says. “Still, there were so many protesters and they were so loud that you could hear them.”
“When I found out that the spouse of the chief justice was soliciting business from law firms, I knew immediately that it was wrong,” the whistleblower, Kendal B. Price, who worked alongside Jane Roberts at the legal recruiting firm Major, Lindsey & Africa, told Insider in an interview. “During the time I was there, I was discouraged from ever raising the issue. And I realized that even the law firms who were Jane’s clients had nowhere to go. They were being asked by the spouse of the chief justice for business worth hundreds of thousands of dollars, and there was no one to complain to. Most of these firms were likely appearing or seeking to appear before the Supreme Court. It’s natural that they’d do anything they felt was necessary to be competitive.”
The justices’ statement, appended to a letter from Chief Justice John Roberts to Senate Judiciary Committee Chairman Dick Durbin, D-Ill., appears squarely aimed at answering critics’ concerns and demands from some for outside oversight.
In part, the goal is to make sure that if Russia detonates a radioactive weapon on Ukrainian soil, its atomic signature and Moscow’s culpability could be verified.





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