Finally Friday Reads: We Understand the Assignment

“Ketchup is flying.” John Buss, @repeat1968

Good Day, Sky Dancers!

While the Wall Street Journal and the other “big” newspapers were busy writing about how President Biden looked so old and tired and ignoring the insane things Dotard DonOld was saying at his rallies, President Biden was busy negotiating a complex deal with multiple countries to get a WSJ writer and other hostages released from Russian Prison.  There are so many amazing things about this series of negotiations that it’s hard to list. Still, one of the many amazing things was that there were no leaks of any ongoing processes, that included other countries, the CIA, the State Department, the Vice President, and other U.S. officials.

The Wall Street Journal is even being gracious today with its news and headlines about their freed reporter Evan Gershkovich, who is now in San Antonio for medical exams and has been reunited with his mother. They have even acknowledged the role Vice President Harris played in the Swap.

Vice President Kamala Harris played a role in negotiations with allies to secure the prisoner-swap deal. Harris met with both German Chancellor Olaf Scholz and Slovenian Prime Minister Robert Golob separately in intimate settings during the Munich Security Conference in February to urge both leaders to push the deal through, according to a White House official.

Harris’s meeting with Scholz was particularly critical to securing the exchange because releasing Krasikov was a key Russian demand. The two first had a normal bilateral meeting before Harris asked Scholz to stay back for a “restricted bilateral,” the official said. Harris asked everyone to leave except Scholz and one aide on each side.

“They had a back and forth about how to best move forward about that, but ultimately, she was pressing Scholz to take action on this,” the official said.

Harris has met Scholz previously on several occasions and had a “good working relationship with him,” the official said. That is “part of the reason why she was able to have a really good, frank conversation with him.”

Harris had never met Golob before the conference. Their meeting was the highest-level U.S. engagement at the time with the Slovenian government, which was holding two Russian nationals Moscow wanted released. That meeting was also restricted to just Harris, Golob and two aides.

Separately, Harris spoke to Yulia Navalnaya, widow of Alexey Navalny, on Thursday, according to a White House official. Russian political prisoners who had worked with Navalny were released as part of the swap.

The German Chancellor and the Slovenian Prime Minister were key to the deal.  The AP reports the swap as a “landmark.”

The United States and Russia completed their biggest prisoner swap in post-Soviet history on Thursday, with Moscow releasing journalist Evan Gershkovich and fellow American Paul Whelan, along with dissidents including Vladimir Kara-Murza, in a multinational deal that set two dozen people free.

Gershkovich, Whelan and Alsu Kurmasheva, a journalist with dual U.S.-Russia citizenship, arrived on American soil shortly before midnight for a joyful reunion with their families. President Joe Biden and Vice President Kamala Harris also were at Joint Base Andrews in Maryland to greet them and dispense hugs all around.

The trade unfolded despite relations between Washington and Moscow being at their lowest point since the Cold War after Russian President Vladimir Putin’s February 2022 invasion of Ukraine.

Negotiators in backchannel talks at one point explored an exchange involving Russian opposition leader Alexei Navalny, but after his death in February ultimately stitched together a 24-person deal that required significant concessions from European allies, including the release of a Russian assassin, and secured freedom for a cluster of journalists, suspected spies, political prisoners and others.

I don’t care that some bad guys got sent back to Russia.  That’s a type of punishment, even though Putin played them up as heroes. I can’t imagine they will be completely safe there.  However, we brought the good folks home to thrive.

I keep reporting that my phone banking response is just about the most uplifting since I did my first phone back as a junior in high school.  The election updates are getting more positive as the Harris Campaign raked in more than twice Team Weird.  This is from NBC News. Election 2024 live updates: Harris team says it raised $310M in July, more than double what Trump’s team announced. Vice President Kamala Harris’ team said it raised $200 million during the first week of her campaign.”

  • Vice President Kamala Harris’ team announced today that it raised $310 million in July. That would trounce the $138.7 million former President Donald Trump’s team said it raised last month. NBC News cannot verify those reports until Federal Election Commission reports for July are released.

Tara Sutter, reporting for The Hill, has this headline. “Pritzker says Trump ‘bewildered’ by Harris, new Dem excitement.”  I’m getting trolled on social media whenever I produce my mini-report on what people say to me.  On my Wednesday calls this week, I got to talk to seniors in places like Tennessee, Missouri, and Illinois this week. They are fired up and ready to go! They’re talking to their family and friend circles to pass a better world to our children and their children! I feel very positive.  Some of these folks live in deeply red corners of their states.  Yet, they’ve decided to talk about how excited they are about Harris to friends, family, and neighbors.  One woman said she saw a woman wearing a Kamala t-shirt in a restaurant, which surprised her.  She talked to the woman, and they said they would stand up for the future!  The couple from Tennessee asked how they could volunteer!  They said they knew they had to fight for the future.  I guess I’m not the only granny for sanity.

Illinois Gov. JB Pritzker (D) said Thursday he believes former President Trump is “bewildered” by Vice President Harris and the excitement she has generated among Democrats.

Kamala Harris is the perfect person at this moment,” Pritzker said on MSNBC’s “The Beat” to anchor Ari Melber. “We’ve got the kind of palpable excitement, the energy, that we really need in the party to carry us to victory in November, and of course Donald Trump is, I think, bewildered by it all. I don’t know that he has any idea how to handle the excitement that’s happening on the Democratic side, or Kamala Harris herself.”

Pritzker is among the many names floated as a possible running mate for Harris, the likely Democratic presidential nominee. His home state will also host this year’s Democratic National Convention later this month in Chicago.

“We’re planning a phenomenal convention here in Chicago. … the excitement is palpable,” Pritzker said. “The United Center, which is where the convention will happen, is being spruced up, lookin’ terrific.”

Besides Pritzker, other names on the vice presidential shortlist include Pennsylvania Gov. Josh Shapiro,  Minnesota Gov. Tim Walz, Kentucky Gov. Andy Beshear, Arizona Sen. Mark Kelly and Transportation Secretary Pete Buttigieg.

Democratic Governors are all speaking out with enthusiasm. They’re also nailing Donald and the guy who changed his name three times to the wall.  DonOld is ratcheting up the racism and misogyny.  This is from Susan B. Glasser reporting for The New Yorker.  “Trump’s Racist Attack on Kamala Harris Was No Accident. Is it, perhaps, a sign that the Vice-President’s swift rise in the polls has him panicked?”

Spoiler alert: he meant it. When Donald Trump claimed, on Wednesday afternoon, in a combative onstage interview at the National Association of Black Journalists convention in Chicago, that Kamala Harris had adopted her identity as a Black woman in an effort to gain political advantage, he drew appalled gasps from the audience. “She was Indian all the way, and then all of a sudden she made a turn and she became a Black person,” he said. This was an inaccurate slur as well as a bizarre one. Harris has always been proudly biracial: she is the daughter of an Indian mother and a Black, Jamaican father, both of whom immigrated to the U.S. She attended Howard, a historically Black college, where she joined one of Black America’s most storied sororities. Nonetheless, Trump doubled down on this particularly Trumpian form of hate speech. In a post on his Truth Social platform, he wrote, “Crazy Kamala is saying she’s Indian, not Black. This is a big deal. Stone cold phony. She uses everybody, including her racial identity!” That evening, in a rally in Pennsylvania, his campaign even projected an old news headline proclaiming Harris the first Indian American U.S. senator. Trump’s embattled Vice-Presidential nominee, J. D. Vance, joined in, too, calling Harris a “total phony who caters to whatever audience is in front of her.”

By Thursday morning, as the liberal commentariat feasted on its horror over his remarks and right-leaning pundits struggled to explain and excuse it, Trump mocked them all, posting an old photo of Harris alongside relatives on the Indian side of her family. He wrote, “Thank you Kamala for the nice picture you sent from many years ago! Your warmth, friendship, and love of your Indian Heritage are very much appreciated.” In another post, he circulated the conspiracy theorist Laura Loomer’s idea that, because Harris’s birth certificate says her father’s “color or race” is “Jamaican,” not Black, she is a “liar” who is “NOT black and never has been.”

How much clearer does it have to get? America, you are being trolled.

Laura Loomer probably holds the Guinness World Record for being the largest piece of shit ever.  Meanwhile, I thoroughly enjoyed watching the Atlanta rally Tuesday night.  I got to stick around for some campaign insider stuff and a Zoom visit from the Vice President.  It’s been a long time since I’ve been this hyped up to volunteer my ass off.  This is from the Washington Post. “Harris events: Not your father’s campaign rallies (or Biden’s). If there was ever any indication of the head-snapping transition that Democrats have gone through, it was the one that occurred on Tuesday night in Atlanta when 10,000 people danced and cheered to Megan Thee Stallion before Harris took the stage for a campaign rally.”

If there was ever any indication of the head-snapping transition that Democrats have gone through, it was the one that occurred on Tuesday night in Atlanta when 10,000 people danced and cheered to Megan Thee Stallion before Vice President Harris took the stage for a campaign rally to the strains of Beyoncé’s “Freedom.” Biden forecast this kind of a change four years ago when he talked about a bridge to a new generation, but that transformation didn’t take place until the past two weeks when he officially relinquished his grip on the party.

In fact, Joe Biden never came up.

From the music to the outfits — and, most tellingly, the crowd size — it was clearer than ever that the shift to a new Democratic generation was complete.

By and large, it is the same campaign aides who were putting on Biden events that are now in charge of Harris ones. But the types of crowds interested in attending Harris events — and the musicians willing to perform at them — are very different. The new playlist, even if controlled by the same staffers who curated Biden’s soundtrack (a mix including Whitney Houston’s “Higher Love,” Tom Petty’s “I Won’t Back Down,” and Elton John’s “Philadelphia Freedom”), has a certain Harris flair, and is put together based on her personal input.

Campaign aides say they are still thinking about how Harris events will be different, and they are determined to not only do large-scale rallies but want to put her in smaller settings as well. The coming days will provide more of a test case as Harris picks a running mate and launches a seven-state tour that will probably include a range of venues.

In Atlanta, the baton was fully passed to Kamala Harris. This was now her party. Her campaign. Her playlist.

Even though this headline comes with my usual admonition about trusting polls, it’s a good sign. “Kamala Harris Now Leads Donald Trump in Eight National Polls.”  That’s eight data points, so that’s good.  This reporting comes in Newsweek by Martha McHardy AND Andrew Stanton.

The new polls show the presumptive Democratic nominee is leading the former president by between 1 and 4 points.

RMG Research is the latest pollster to find Harris leading Trump in the national popular vote. The firm released a survey on Friday showing her with a 5-point lead (47 percent to 47 percent) over the former president. The poll was conducted among 3,000 registered voters from July 29 to July 31.

A poll conducted by Civiqs between July 27 and July 30 also showed Harris with a 5-point lead over Trump. Among 1,123 registered voters, Harris leads Trump 49 percent to 45 percent. Her lead is outside the poll’s margin of error of plus or minus 3 percentage points.

Harris is ahead of the Republican presidential nominee by 3 points in a poll by Leger conducted between July 26 and July 28. The poll, which surveyed 1,002 U.S. residents and had a margin of error of plus or minus 3.1 percentage points, showed she was leading Trump with 49 percent of the vote to his 46 percent. That represents a 4-point increase for the Democrat since Leger’s June poll.

When third-party candidates were included in the Leger poll, Harris’ lead over Trump grew to 7 points, to 48 percent, compared to the former president’s 41 percent.

Harris had a smaller lead of 2 points over Trump in four other national polls. These include a poll conducted by The Economist and YouGov, where the vice president polled at 46 percent among 1,434 registered voters—a lead within the poll’s 3 percent margin of error.

The other polls, conducted between July 23 and July 30 by Redfield and Wilton StrategiesAngus Reid, and Florida Atlantic University, showed Harris leading by 2 points—within each poll’s margin of error.

We just have to keep up the Momala Momentum.  This is an interview from Elle on her role as stepmom to two young adults.  To hell with J.D. Vance and his parade of stereotypes.

Cole and Ella could not have been more welcoming. They are brilliant, talented, funny kids who have grown to be remarkable adults. I was already hooked on Doug, but I believe it was Cole and Ella who reeled me in.

To know Cole and Ella is to know that their mother Kerstin is an incredible mother. Kerstin and I hit it off ourselves and are dear friends. She and I became a duo of cheerleaders in the bleachers at Ella’s swim meets and basketball games, often to Ella’s embarrassment. We sometimes joke that our modern family is almost a little too functional.

A few years later when Doug and I got married, Cole, Ella, and I agreed that we didn’t like the term “stepmom.” Instead they came up with the name “Momala.”

Our time as a family is Sunday dinner. We come together, all of us around the table, and over time we’ve fallen into our roles. Cole sets the table and picks the music, Ella makes beautiful desserts, Doug acts as my sous-chef, and I cook.

So, that’s it for me today. We’re on our 4th heatwave and have perpetual Severe Heat warnings.  I’m at the point where I just fill my soaking tub up with cold water and literally chill out.  I’m watching the  Tropical Storm headed to Southern Florida. The Gulf Waters are hot.  This could become a big wet one; southernmost Florida is on the Dirty Side.  CNN is calling it this way. “Tropical Storm Debby forecast to hit Florida this weekend with torrential rain and wind.” It’s going straight up the East Coast and could become a Cyclone Level  Four.  So, be safe if you’re on its path.

What’s on your reading and blogging list today?


Mostly Monday Reads: Justice too Long Delayed is Justice Denied*

“As Trump’s criminal trial winds down, Melania finally makes her way to the Manhattan Courthouse to support her embattled husband.” John Buss, @repeat1968

Good Day, Sky Dancers!

I think it’s obvious by now that we no longer have a two-party system.  Neither of them was ever close to fine, but whatever theocratic, fascist right-wing cult that calls itself Republican these days is beyond a political party. They are incapable of governing. They have nothing to offer policy-wise that comes close to being conservative or constitutional.  I’m not sure what’s propping them up at this point,  but it’s getting beyond worrisome.

I’m not sure I can even sit through the next round of upcoming presidential debates.  I still remember clearly sitting at a Hillary Volunteer Event at the Country Club in my Bywater neighborhood with my daughters and their guys, watching Trump stalk Hillary.  Dr. David Lustig put it this way. “When I remember Trump debating, I recall him interrupting and talking over Biden incessantly, spewing ludicrous, asinine lies as only he can. But most saliently, I recall him stalking Hillary onstage, like a crazed Chucky doll— or as his hero, Hannibal Lecter, might have done.”

This headline from the New York Times reminds us that these are not normal times. “Closing Arguments in Trump’s Trial Will Likely Be Next Week, Judge Says. Defense lawyers have the opportunity to call witnesses, including their client, former President Donald J. Trump, but whether he will testify is not clear. Then the case goes to the jury.” Jonah E. Bromwich and Matthew Haag share the lede.  As for me, I want some speedy justice.

The judge in the criminal trial of former President Donald J. Trump said on Monday that the case would take longer than anticipated to wrap up, with closing arguments now not expected until next week.

“It was either have a long break now or have a long break then, and unfortunately the calendar is what it is,” said the judge, Juan M. Merchan, referring to the long weekend for Memorial Day.

The new schedule outlined by Justice Merchan meant that the jurors who would decide Mr. Trump’s innocence or guilt would not have the case in their hands until after the holiday. Next week will be the trial’s seventh.

After more than seven hours of sometimes bruising cross-examination over two days, Michael D. Cohen, former President Trump’s one-time lawyer and fixer, will return to the stand Monday to face final questions from the Trump defense team. Before Justice Merchan’s remarks on Monday, prosecutors were expected to rest their case as soon as Tuesday after Mr. Cohen steps down.

Court will be adjourned on Wednesday, the normal off day for the trial every week, but also on Friday and Monday, which is Memorial Day.

Mr. Cohen is the 19th — and most consequential — witness called by the Manhattan district attorney’s office in the first criminal trial of an American president. When the defense questioning concludes, prosecutors may re-interview Mr. Cohen.

After that, the defense has the opportunity to present its own case. On Thursday, Mr. Trump’s lawyers said that he had yet to decide whether he would testify, and it is unclear whether his lawyers might call other witnesses.

Will he actually testify? This is from Politico. “Trump claims he wants to testify at his trial. No one else thinks he should.
“Anybody testifying for their own sake, it doesn’t play out well,” said one Trump ally.”

On the eve of his criminal trial, Donald Trump told reporters in Florida that he would take the stand and testify if necessary. “All I can do is tell the truth,” Trump proclaimed.

That boast is about to be put to the test, as Trump and his defense team decide in the coming days whether to present him as a witness.

His Republican backers say the New York trial is a sham and prosecutors haven’t proven their case — so why bother? Former prosecutors say he would open himself up to all sorts of damaging questions, from whether he had sex with porn star Stormy Daniels to alleged fraudulent business practices and inquiries about his honesty that could be political and legal landmines.

“He’s somebody who’s not controlled, who is going to be all over the place,” said Renato Mariotti, a former federal prosecutor and legal analyst.

As Trump’s historic criminal trial winds down, with closing arguments delivered as soon as next week, one of the biggest questions remaining (besides the jury’s verdict) is whether the former president will take the stand in his own defense. While there may be some political benefits to Trump testifying, including boasting to his supporters that he wasn’t afraid to tell his side of the story, the legal risks, many say, are too high.

I’m not about to guess if he’ll testify, but I can imagine he’s being told to not do it by everyone.  The other thing I question is that if he doesn’t testify on his own behalf after whining continually about being gagged and unable to defend himself, what impact, if any, will it have on his cult and those Republican pols cowed into supporting him? I hope he does it. I’d watch even though every time he speaks, I shudder and feel sick.

The instability in the Middle East continues to be the 100-year plague that keeps on killing. There are two top stories there.  This headline from the AP was jolting.” Iran’s president, foreign minister, and others found dead at helicopter crash site, state media says.”

Iranian President Ebrahim Raisi and the country’s foreign minister were found dead Monday hours after their helicopter crashed in fog, leaving the Islamic Republic without two key leaders as extraordinary tensions grip the wider Middle East.

Supreme Leader Ayatollah Ali Khamenei, who has the final say in the Shiite theocracy, quickly named a little-known vice president as caretaker and insisted the government was in control, but the deaths mark yet another blow to a country beset by pressures both at home and abroad.

Iran has offered no cause for the crash nor suggested sabotage brought down the helicopter, which fell in mountainous terrain in a sudden, intense fog.

In Tehran, Iran’s capital, businesses were open and children attended school Monday. However, there was a noticeable presence of both uniformed and plainclothes security forces.

“We were shocked that we lost such a character, a character that made Iran proud, and humiliated the enemies,” said Mohammad Beheshti, 36.

The crash comes as the Israel-Hamas war roils the region. Iran-backed Hamas led the attack that started the conflict, and Hezbollah, also supported by Tehran, has fired rockets at Israel. Last month, Iran launched its own unprecedented drone-and-missile attack on Israel.

hard-liner who formerly led the country’s judiciary, Raisi, 63, was viewed as a protege of Khamenei. During his tenure, relations continued to deteriorate with the West as Iran enriched uranium closer than ever to weapons-grade levels and supplied bomb-carrying drones to Russia for its war in Ukraine.

Israel’s war policy is still the focus of the International Justice system.  This is from a statement from the ICC. “ Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine.” Top of the list goes to Bibi Netanyahu and his Minister of Defense, Yoav Gallant.

Today I am filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:

  • Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
  • Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
  • Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
  • Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
  • Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
  • Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
  • Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
  • Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.

My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas running in parallel. We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies. Some of these crimes, in our assessment, continue to this day.

My Office submits there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz. The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence.

It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes. We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute.

During my own visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as to the site of Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.

My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October.

I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office. We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.

I again reiterate my call for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.

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“Bibi and I would like to thank you for your vote. … And such Lovely children. I’m sure I’ll meet them someday.” Bibi and War Guy.

The Israeli people–all of them–deserve better than Bibi and his fanatics.  The subsequent indictments belong to them.

On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for  the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:

  • Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
  • Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
  • Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
  • Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
  • Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
  • Persecution as a crime against humanity contrary to article 7(1)(h);
  • Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel. We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.

My Office submits that the evidence we have collected, including interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery and statements from the alleged perpetrator group, shows that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.

This occurred through the imposition of a total siege over Gaza that involved completely closing the three border crossing points, Rafah, Kerem Shalom and Erez, from 8 October 2023 for extended periods and then by arbitrarily restricting the transfer of essential supplies – including food and medicine – through the border crossings after they were reopened. The siege also included cutting off cross-border water pipelines from Israel to Gaza – Gazans’ principal source of clean water – for a prolonged period beginning 9 October 2023, and cutting off and hindering electricity supplies from at least 8 October 2023 until today. This took place alongside other attacks on civilians, including those queuing for food; obstruction of aid delivery by humanitarian agencies; and attacks on and killing of aid workers, which forced many agencies to cease or limit their operations in Gaza.

My Office submits that these acts were committed as part of a common plan to use starvation as a method of war and other acts of violence against the Gazan civilian population as a means to (i) eliminate Hamas; (ii) secure the return of the hostages which Hamas has abducted, and (iii) collectively punish the civilian population of Gaza, whom they perceived as a threat to Israel.

The effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known, and have been confirmed by multiple witnesses interviewed by my Office, including local and international medical doctors. They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.

Here are a few last links to suggest for y’all before I head down to the corner store for a bag of cat food.  (Via Memeorandum)

You have a great week!

What’s on your reading and blogging list today?

*About the headline:  Martin Luther King Jr. wrote, “Justice too long delayed is justice denied” in his “Letter from Birmingham Jail,” which was smuggled out of prison in 1963.


Mostly Monday Reads: Just Another Manic Monday

The Trump Legal Team is prepared to start the Manhattan Election Interference Trial and provide a robust defense against Donald’s continuing offenses. John Buss, @repeat1968

Good Day, Sky Dancers!

Donald’s getting all the attention in the world right now, but is it the kind he really wants? My Saturday Night Last Walk with Temple, the Poland Avenue Greeter, usually means dog biscuits, scratchies, and attention from the locals sitting on the sidewalk outside the local bars. It’s fest season, so we’re filled with tourists. We met the most pleasant young women from Australia, England, and France! The conversation eventually turned to all the ado about Trump, as it ultimately does. We’re worried about you,” they said. “Nous sommes tellement inquiets pour toi.”  Happy Earth Day!

These folks come from countries where most of us have family members who fought beside their family members. My Father, John, fought in the skies of England and France; he was named after his Uncle John, who fought in the trenches of France and Belgium. I can say that I’m worried about us, too, as our electoral and judicial systems churn through all the detritus that Donald has put us through.

Timothy O’Brien knows Trump just about as well as anyone. He has written books about him and endured the ordeal of Donald dragging him through the court system. He won. This is his analysis for Bloomberg. Trump’s Trial Is the Reality Show He Never Wanted. he former president faces weeks of challenging witnesses and tawdry stories.” 

Prosecutors and defense attorneys will make opening statements today in a criminal fraud trial in New York that Donald Trump has tried mightily, and unsuccessfully, to delay.

He continuously savaged Juan Merchan, the judge presiding over the trial, and belittled the charges he faces. He mocked the jury selection process that consumed the case’s first week, and, when awake, appeared so determined to rattle prospective jurors that Merchan was forced to remind Trump that he wouldn’t “have any jurors intimidated in this courtroom.”

Trump’s allies at Fox News and on right-wing social media platforms put the court and jurors in their crosshairs as well. “This isn’t the pursuit of justice, it’s a political persecution that is tearing our country apart,” noted Vivek Ramaswamy, floating atop the flotsam of his failed presidential bid. Elon Musk, fashioning himself as a legal scholar, concurred. He told the 181.5 million people who follow him on X, the social media platform he owns, that “this case is obviously a corruption of the law.”

Jurors felt the heat. Some dropped out, saying they feared for their well-being. That’s a phenomenon usually confined in the US to mob or terrorism prosecutions, but in an era when a former president glowingly compares himself to “the great gangster” Al Capone, here we are. Still, scores of jurors were reviewed and by Friday 12 of them, along with six potential alternates, had been empaneled.

Even then, Trump’s lawyers took a final long shot. They asked a New York appellate court to delay the trial and change the venue because they felt that jury selection seemed rushed. The appellate court swatted down that effort in less than an hour. And now, with a jury seated, the fireworks start. Witnesses will testify, many of them well-known figures from Trumplandia. Trump himself may or may not take the stand.

Trump is veering from rage to petulance, and from slumber to intimidation, in the courtroom because he’s the star of a lurid Manhattan reality show he isn’t producing or directing. He doesn’t control the narrative and others are writing the scripts. And some of the scripts say nasty things about him, his sex life, his bookkeeping and his attempts to bury stories that might have derailed his 2016 presidential campaign.

A televised trial would show us much more about Trump than the sketch artists and people in the room where it happens can explain. Also, we know that televising that trial would put a lot of folks in danger, too. I’ve already seen potential jurors cower at the thought of Trump’s crazed cult and its obsession with guns and violence. I  hope their stories are having an impact. A  lot of our closest friends around the world are worried about us. We are concerned about us.

And he’s already asleep again.

Today, we will get transcripts of opening statements. We also saw Judge Marchan’s decisions on what the prosecution may present that could damage the defense case. Yesterday, we learned the first witness will be David Pecker of the National Inquirer. Doesn’t this feel like an ad for a reality show from Bizzaro World?

This is from the Washington Post’s live coverage. It is being continually updated. “Prosecution calls first witness in Trump hush money trial.”

Prosecutors on Monday called their first witness, former National Enquirer publisher David Pecker, in Donald Trump’s criminal trial for allegedly falsifying business records to hide a hush money payment during the 2016 presidential election campaign. Pecker allegedly helped broker the payment as part of a “catch and kill” scheme to bury negative stories about Trump while he was running for president. Earlier in the day, the prosecution and defense lawyers delivered opening statements.

Dahlia Lithwick and Anat Shenker-OSorio have an interesting piece up at Slate. “The Trump Trial Is Already Influencing Public Opinion. Pundits are reading these shifts completely wrong—this is exactly the kind of movement that could determine the election.”

Four days in, and with the jury just selected, those in the commentariat class are already ready to offer their closing arguments in Donald Trump’s New York criminal trial. Most of the naysayers are lawyers. Some of them doubt that Trump will be found guilty of even a misdemeanor, much less a felony, for his alleged crime of illegally offering hush money payments to hide an affair he had before the 2016 presidential election. They question the soundness of what they deem a rather novel legal theory—elevating the minor crime of falsifying records into the more serious charge of doing so in furtherance of another crime. Others are just exhausted. Our Slate colleague Richard Hasen, in the L.A. Times, declared, “I have a hard time even mustering a ‘meh.’ ” It’s understandable to feel jaded by what has been a yearslong process, with Trump seeming to evade accountability every time—but dismissing this case is precisely the category error that holds that what lawyers believe about legal verdicts is somehow predictive of political and electoral outcomes.

And it’s not just the lawyers. The pundits are also certain they know how the public will think about a trial that’s barely begun. They’re sure they understand how it will affect a vote that remains 200 days away, and they are bringing in survey data to back up their claims. ABC News thus declared, “The polls suggest that a guilty verdict would be unlikely to have a big influence come November,” citing as evidence the fact that “just 35 percent of independents and 14 percent of Republicans” believe that Trump is guilty in the New York criminal case. As further proof that Manhattan District Attorney Alvin Bragg’s efforts are going to be electorally inconsequential, they go on to reference a Quinnipiac poll showing that only 29 percent of voters would be less likely to support Trump upon a conviction in this criminal trial.

And, sure, all of these are in fact numbers, and they are indeed less than 50 percent, and, yes, we’ve been told many, many times that it takes that plus one to win an election. But this is where so many political analysts have either memory-holed how presidential elections actually work in the U.S. or are demonstrating that motivated cognition is one hell of a drug. Because for Trump to lose this election, it does not require over 50 percent of people to say that this trial would flip their vote. Many people are already absolutely determined not to vote for the criminal defendant. As in 2016 and 2020, the 2024 election will come down to margins of 1 or 2 percentage points in just six states. In this game of winner takes all, even by a hair, dropping “only” 9 percent of your base upon a Bragg conviction—as the most Trump-favorable poll testing the stakes of this case reports—means you would lose the election.

Thus, while it is absolutely the case that 36 percent of independents saying that a guilty verdict would move them away from Trump is less than the 44 percent saying it wouldn’t, when your vote total is presently neck and neck and electoral precedent says it will come down to the wire, you cannot afford to lose anyone, let alone over a third of the gettable voters. That 36 percent matters greatly.

And so, those who are dismissing the electoral consequences of this criminal trial by declaring that events in Manhattan over the next few weeks will merely animate Trump’s base—a base that will see this trial as yet more proof of the Deep State’s (™) persecution of their Lord—are also demonstrating a fundamental misunderstanding of electoral math. You cannot mobilize the voters who are already absolutely voting for Trump to any greater heights. No matter how rabid their fury, and how bottomless their sense of shared grievance, they still get only one vote each—at least until they figure out how to commit the voter fraud they love to decry on a broader scale. The rank and file in the tank for MAGA cannot become more impactful.

Tom Toles Editorial Cartoon

Politico’s Erico Orden reports on the opening statements by the Defense. “Trump’s lawyer kicks off his opening statement to the jury with four words: ‘President Trump is innocent.’ And he said he’ll be referring to his client as “President Trump” because “he earned it.” Does this reek of white male entitlement, or is it just me?

Trump lawyer Todd Blanche began his opening statement with these words: “President Trump is innocent. President Trump did not commit any crimes,” he said, speaking slowly. “The Manhattan district attorney’s office should never have brought this case.”

Blanche told jurors that he and others would refer to Trump as “President Trump” because he “earned it.”

“We will call him President Trump out of respect for the office that he held,” Blanche said.

Blanche continued: “He’s not just our former president. He’s not just Donald Trump that you’ve seen on TV…he’s also a man, he’s a husband, he’s a father. He’s a person, just like you and just like me.”

As he spoke, Trump turned his body slightly in the direction of the jury box, the first time he has done so since the jurors entered the courtroom.

The People call Pecker. John Buss, @repeat1968

The New York Times reports this in its Live Updates. ” prosecutors Allege’ Criminal Conspiracy’ as Trump’s Trial Opens. David Pecker, the longtime publisher of The National Enquirer, will continue testifying Tuesday about what prosecutors say was a plot to cover up a sex scandal involving Donald J. Trump. The former president is charged with falsifying business records.”

I will try to keep an eye out to post the transcripts when they become available later today.

I would like to mention the vote in the House to provide continued support to Ukraine. This is from Reuters. “US  House advances $95 billion Ukraine-Israel package toward Saturday vote’.”

The U.S. House of Representatives advanced a $95 billion legislative package on Friday providing aid to Ukraine, Israel and the Indo-Pacific in a broad bipartisan vote, overcoming hardline Republican opposition that had held it up for months.

Friday’s procedural vote, which passed 316-94 with more support from Democrats than the Republicans who hold a narrow majority, advanced a package similar to a measure that passed the Democratic-majority Senate in February.

Democratic President Joe Biden, Democratic Senate Majority Leader Chuck Schumer, top Senate Republican Mitch McConnell and top House Democrat Hakeem Jeffries had been pushing for a House vote since then. Republican House Speaker Mike Johnson had held off in the face of opposition from a small but vocal segment of his party.

In addition to the aid for allies, the package includes a provision to transfer frozen Russian assets to Ukraine, and sanctions targeting Hamas and Iran and to force China’s ByteDance to sell social media platform TikTok or face a ban in the U.S.

The legislation provides more than $95 billion in security assistance, including $9.1 billion for humanitarian aid, which Democrats had demanded.

If the House passes the measure, as expected, the Senate will need to follow suit to send it to Biden to sign into law.

Schumer on Friday told senators to be prepared to come back over the weekend if needed.

Wow. What a Newsday!   I promise to try to keep up with some updates!

What’s on your reading and blogging list today?


Finally Friday Reads: Right-Wing Media’s Ghoulish Conspiracy Fixations

Good Day, Sky Dancers!

I’m always astounded by the difference in coverage of national tragedies by traditional media and the new outlets created to make stupid people more stupid. This is the same media that schoolmarm us about how not to politicize mass shootings.  The horrific collapse of the Francis Scott Key Bridge in Baltimore is a textbook example of news turned into hate speech and lies. This is from Forbes Magazine.  The analysis was written by Janice Gassam Asare, an expert on DEI. “Baltimore Bridge Collapse Creates More DEI Attacks: How Allies Can Push Back.”

Amidst the horrific news of the bridge collapse, some chose to focus on Mayor Scott’s age and race and proceeded to blame DEI for the bridge collapse. Utah state Rep. Phil Lyman along with Florida congressional candidate Anthony Sabatini were among those blaming the incident on DEI. One X user tweeted that Mayor Scott was “Baltimore’s DEI mayor,” with that tweet garnering nearly 6,000 reposts at the time of this article, while another user tweeted that the mayor “looks like a teen.” The creator behind the Darkest Hue, a platform created as a safe space for dark-skinned Black girls, women, and femmes wrote in an Instagram post “It is becoming increasingly clear that DEI is being used as a dog whistle for Black people, as if to substitute racial slurs.”

DEI is a term that has become increasingly more polarizing. An acronym created to highlight the importance of diversity, equity, and inclusion has been warped and distorted by DEI critics. The same way that terms like woke and critical race theory (CRT) have been hijacked, morphed, and mutilated, the term DEI is experiencing a similar fate. There is an increasing phenomenon where individuals who have very little understanding of DEI are critiquing its utility and effectiveness.

What follows is several points that include actual data debunking the right-wing screeds. This is the first point just for reference.  You may learn more about it at the like to Forbes.

Those who understand the value of DEI and recognize how it can be a tool to fight against oppression and injustice can counteract the anti-DEI sentiment in a few ways.

1. Numbers don’t lie. One popular DEI myth is that it promotes the hiring of unqualified non-white job candidates. But what does the data say? Looking specifically at different industries will reveal prevalent racial disparities. If DEI was increasing the representation of non-white candidates, this would be reflected in the numbers but many industries, like the media and artificial intelligence, remain overwhelmingly white. The data will expose the anti-DEI myths for what they are, so those fighting DEI propaganda should lean on the data to combat DEI misinformation.

Arianna Coghill writes about the conspiracy theories adopted by the usual news outlets for lies and conspiracy theories at Mother Jones.  “A List of Weird Stuff the Right Connected to the Baltimore Bridge Collapse.”  Coghill compiled a short list of Twitter offerings showing responses from the usual suspects and Republicans running for high office.  They’re ugly.

Aaron Rupar shows us  “Matt Schlapp on Newsmax admits he’s “no expert” but tries to blame the Baltimore bridge collapse on “drug-addled” employees and covid lockdowns.”

In an interview with Sen. Rick Scott (R-Fl.), Fox News’ Maria Bartiromo appeared to suggest a “wide open” immigration policy at the border could be a factor here. Her rationale? The cargo ship had been flying under a Singaporean flag.

Over on Newsmax, Conservative Political Action Conference chairman Mike Schlapp invoked everything from “drug-addled employees” to Covid lockdowns while discussing the collapse. “We have to wake up as a country and realize that we have too many people who aren’t ready to do these jobs,” Schlapp, who conceded that he was not an expert on the situation, said.

Secretary of Transportation Pete Buttigieg has even been accused of being an unqualified DEI hire. Secretary Buttigieg gave an interview to CNN’s Kaitlan Collins this morning and slammed the conspiracy theories and lies concerning the bridge’s collapse.  This is from  The Independent. “Pete Buttigieg slams conspiracy theories about Baltimore bridge collapse. ‘Unfortunately, it’s a fact of life in America today,’ Mr Buttigieg said about the prevalence of conspiracy theories.”

CNN’s Kaitlan Collins pointed out there have been “wild conspiracy theories” about what caused the disaster, ranging from a cyberattack, the captain having side effects from a Covid-19 vaccine, and blaming the Obamas.

She asked Mr Buttigieg whether he thought he would have to combat these conspiracy theories in the midst of a crisis?

“We’re in the business of dealing with roads and bridges and sometimes ships and trains,” he said. “So we are not in the habit as a Department of Transportation, of being in the business of dealing with conspiracies, or conspiracy theories or that kind of wild thinking. But unfortunately, it is a fact of life in America today.

“What’s really upsetting is when misinformation or disinformation circulates, that is not without victims.

“This is a human tragedy,” Mr Buttigieg said, adding that six men lost their lives.

While two workers were rescued from the immediate aftermath, six others went missing. They were all presumed dead after 17 hours of searching.

Two bodies were pulled from a submerged pickup truck the following morning, while four others have still not been found.

His department needs “good, factual information” into how that happened to make effective future decisions, like bridge design and shipping policies.

Policies based on “good, factual information” are not what the Republican Party is about these days, even though this is nothing new.  The New Republic has this think piece by Ellie Quinlan Houghtaling. “The Insanely Racist Conspiracy Theory on Baltimore Key Bridge Collapse. Fox News is amplifying a racist conspiracy on the Francis Scott Key Bridge collapse. Because of course it is.”

At about 1:40 a.m. EST on Tuesday, a 1,000-foot cargo ship careened past large concrete obstacles ahead of Baltimore’s Francis Scott Key Bridge, colliding with one of its structural pillars and toppling it into the Patapsco River. Mere hours later, conservatives were already hurling their racist conspiracy theories against the wall to see what sticks.

In an early morning broadcast, Fox Business attempted to tie the horrific situation—which was deemed a developing mass casualty event by the Baltimore City Fire Department—to the “wide-open border.” Via a clumsily worded, cross-wired question, Fox Business host Maria Bartiromo connected the catastrophic collapse to President Joe Biden’s immigration policy.

“Let me also get your take on what’s going on in terms of world affairs. The White House has issued a statement on this saying that ‘there’s no indication of nefarious intent in the collapse of the Francis Scott Key Bridge,’” started Bartiromo. “The ship involved in the collapse of the bridge is 948 feet long, called The Dali, a Singaporean-flag container, but of course you’ve been talking a lot about the potential for wrongdoing or potential for foul play given the wide-open border. That is why you have been so adamant.”

Fortunately, we do have rational people in the West Wing at the moment to deal with what may be a significant disruption to supply chains.  This is from Heather Cox Richardson, writing in her Substack Letters from an American.  Thank goodness we have adults in the Executive Branch today.

Yesterday the National Economic Council called a meeting of the Supply Chain Disruptions Task Force, which the Biden-Harris administration launched in 2021, to discuss the impact of the collapse of the Francis Scott Key Bridge and the partial closure of the Port of Baltimore on regional and national supply chains. The task force draws members from the White House and the departments of Transportation, Commerce, Agriculture, Defense, Labor, Health and Human Services, Energy, and Homeland Security. It is focused on coordinating efforts to divert ships to other ports and to minimize impacts to employers and workers, making sure, for example, that dock workers stay on payrolls.

Today, Transportation Secretary Pete Buttigieg convened a meeting of port, labor, and industry partners—ocean carriers, truckers, local business owners, unions, railroads, and so on—to mitigate disruption from the bridge collapse. Representatives came from 40 organizations including American Roll-on Roll-off Carrier; the Georgia Ports Authority; the International Longshoremen’s Association, the International Organization of Masters, Mates and Pilots; John Deere; Maersk; Mercedes-Benz North America Operations; Seabulk Tankers; Under Armour; and the World Shipping Council.

Today the U.S. Department of Transportation’s Federal Highway Administration announced it would make $60 million available immediately to be used as a down payment toward initial costs. Already, though, some Republicans are balking at the idea of using new federal money to rebuild the bridge, saying that lawmakers should simply take the money that has been appropriated for things like electric vehicles, or wait until insurance money comes in from the shipping companies.

One piece of really great news today.  Orlando Mayorquin writes this in The New York Times.  “Woman Who Received 5-Year Sentence in Voter Fraud Case Is Acquitted. A Texas appeals court reversed its earlier opinion that had upheld the conviction of Crystal Mason, who was found guilty of illegally casting a provisional ballot in 2016, even though she claimed she hadn’t known she was ineligible to vote. ”

In its decision to reverse her conviction and acquit her, the Second Court of Appeals said that the prosecution did not have enough evidence to prove that she knew.

A copy of the ruling was provided by the A.C.L.U. of Texas and the Texas Civil Rights Project.

“I was thrown into this fight for voting rights and will keep swinging to ensure no one else has to face what I’ve endured for over six years, a political ploy where minority voting rights are under attack,” Ms. Mason said in a statement Thursday. “I’ve cried and prayed every night for over six years straight that I would remain a free Black woman.”

Thomas Buser-Clancy, a lawyer with the A.C.L.U. of Texas who represented Ms. Mason, called her victory a win for democracy.

“We are relieved for Ms. Mason, who has waited for too long with uncertainty about whether she would be imprisoned and separated from her family for five years simply for trying to do her civic duty,” he said.

A Texas appeals court reversed its earlier opinion that had upheld the conviction of Crystal Mason, who was found guilty of illegally casting a provisional ballot in 2016, even though she claimed she hadn’t known she was ineligible to vote.

Today, we found out that one of Hollywood’s greats has passed.  Lou Gossett has passed.

 Louis Gossett Jr., the first Black man to win a supporting actor Oscar and an Emmy winner for his role in the seminal TV miniseries “Roots,” has died. He was 87.

Gossett’s first cousin Neal L. Gossett told The Associated Press that the actor died in Santa Monica, California. A statement from the family said Gossett died Friday morning. No cause of death was revealed.

Gossett’s cousin remembered a man who walked with Nelson Mandela and who also was a great joke teller, a relative who faced and fought racism with dignity and humor.

“Never mind the awards, never mind the glitz and glamor, the Rolls-Royces and the big houses in Malibu. It’s about the humanity of the people that he stood for,” his cousin said.

Rest in Power, Chappy.

What’s on your reading and blogging list today?


Finally, Friday Reads: Texas blames its Victims

Good Day, Sky Dancers!

It’s been hard to avoid Texas and Florida’s policy and political decisions these days. They’ve both taken a hard right turn and have elected officials who frequently create what is at the root of their biggest complaints.  Chris Hayes sent me straight down the rabbit hole of Texas Gun Dealers and Smugglers when I first heard that Mexico was suing U.S. Gun Manufacturers. Russel L. Honoré woke me to the instances of gangs in Haiti and the breakdown of governance and its relationship to gun Smugglers from Florida. Both of the states are banning books, punishing women who require reproductive care, and terrorizing their LGBTQ communities.  Both Texas and Florida have had instances of terrible mass shootings and have done nothing to address the root causes.  They basically have no control over the explosion of the demand and access to automatic weapons. They appear indifferent that much of that demand comes from arms smugglers who constantly buy large amounts of guns and send them south.

No one needs a weapon of war. It’s a bigger version of the state of Vermont, whose lax gun laws have historically created a problem for its neighbors. Vermont has recently strengthened its laws and now stands as #18 for gun law strength. The biggest problem within Vermont was suicide by gun.  They’ve now instituted a program and red-flag laws specifically tailored to address the issue. These statistics are from Everytown Research & Policy, which allows you to track many different public policies for your city and state. Texas is rated #32, while Florida is rated #22.   Louisiana is #26. The South is plagued by a gun culture.

We don’t hear much about this, but the Biden-Harris DOJ has an initiative to stop the flow of guns out of the United States that are going to our neighbors in the South.  Its primary focus is on the gun traffic to Mexico, which goes directly to the Cartels. Did you know that Mexican laws make it illegal to purchase or have a semiautomatic weapon? It’s our guns that are used to terrorize the locals and send them fleeing to us. It also gives these same folks money to purchase Fentynal to take care of the Opioid addicts in the US who use it in place of the OxyCotin they were given by their doctors who were told by Big Pharma Purdue that its pain drug wasn’t addictive.  It is.  It’s like the 21st Century Triangle Trade. (Read that link.  It goes to UMass Law and a discussion of the company’s bankruptcy and how the Sackler family was shielded from liability.)

The Biden-Harris Administration continues to take significant and historic actions to disrupt the trafficking of illicit fentanyl and dismantle firearms trafficking networks.  Drug traffickers’ supply of firearms enables them to grow their enterprises and move deadly drugs, including illicit fentanyl, into the United States. They use these weapons, which consist of everything from handguns to high caliber and assault weapons, against the Mexican people, including law enforcement and military personnel who try to stop their operations. That’s why discovering, disrupting, and dismantling firearms trafficking networks is critical to the Biden-Harris Administration’s efforts to combat illicit fentanyl.

This is from the Arms Control Association.  It’s written by Chad Lawhorm. “Mexican Lawsuit Against U.S. Gun Firms to Proceed.”

The U.S. Court of Appeals for the First Circuit has revived Mexico’s $10 billion lawsuit against U.S. gun manufacturers, which previously was dismissed by a lower court.

Despite the broad immunity granted to gun-makers by the U.S. Protection of Lawful Commerce in Arms Act, the Boston-based appeals court unanimously found that Mexico’s lawsuit “plausibly alleges a type of claim that is statutorily exempt from the [act’s] general prohibition,” Reuters reported on Jan. 22.

Alejandro Celorio Alcántara, the lawyer leading the lawsuit for the Mexican government, told El País in an interview on Jan. 25 that the decision to revive the case was “historic.”

“Not only will we have the opportunity to present our evidence, we will be able to ask the defendant companies to share their evidence with us…. That’s the kind of information we’re going to get in litigation. It could be a gold mine,” he said.

The appeals court decision overturns a lower court’s 2022 dismissal, which found that foreign governments cannot sue under U.S. law. It marks a significant legal advancement for Mexico, supported by U.S. gun control advocates.

Mexico has argued that the actions of gun manufacturers have contributed directly to the violence within its national borders.

The lawsuit seeks financial damages and aims to hold these manufacturers accountable for their role in international arms trafficking and related harms, such as declining investment and economic activity in Mexico​​.

Other companies named in the suit are Beretta USA, Barrett Firearms Manufacturing, Colt’s Manufacturing Co., and Glock Inc. All have denied wrongdoing.

The U.S. law typically shields gun manufacturers from liability for the improper use of their products. The gun companies have argued that Mexico does not have legal standing to sue. (See ACT, September 2022.)

The lower court agreed with the immunity argument, ruling that the law prohibits legal action brought by foreign governments. The appeals court determined that the law was designed only to protect lawful firearms-related commerce and not the problem Mexico identified, namely, companies accused of aiding and abetting illegal gun sales by knowingly facilitating the trafficking of firearms into the country.

According to Celorio Alcántara, the gun-makers unsuccessfully attempted to distance themselves from the issue of gun trafficking by describing the scale and scope of supply chains and the number of individuals involved in those processes.

Mexico, on the other hand, focused on the U.S. law and why it did not apply. “We pointed out that [it] has no extraterritorial effect, that there is a direct violation of the machine gun export ban, and that the defendant companies violate state and federal laws,” Celorio Alcántara said.

The decision to revive the case could pave the way for other litigation against gun manufacturers on similar grounds, potentially affecting how firearms are marketed, distributed, and regulated within the United States and internationally.

“Other countries will surely be able to analyze whether this decision…gives them a window to sue, such as Jamaica, Canada, or other countries that are suffering from the same problem,” Celorio Alcántara said.

As the Mexican case proceeds, it likely will encounter more legal and political hurdles given the power of the gun lobby, contentious gun control debates in the United States, and intricate legal arguments surrounding the law.

Here is an academic publication on the topic. “Arms Trafficking Between the U.S. and Mexico. An examination of this complex issue — and why it often gets lost in the ongoing border debates.” As you can see, this is a typical ploy by the powerful men. Blame the victims at the border, but don’t blame the gun traffickers who are your neighbors.

The right to own a firearm is guaranteed in the constitutions of both the U.S. and Mexico, but the chances of a Mexican citizen legally obtaining a gun in Mexico are slim.

Gun laws in Mexico are highly restrictive–there is only one gun store from which Mexicans can buy firearms legally in the entire country. Meanwhile, the U.S. has the largest legal gun market in the world.

But many of the guns legally purchased in the U.S. do not stay in the U.S.

Over 2.5 million illicit American guns have crossed into Mexico over the last decade. Over that time, more than 215,000 people have been murdered in Mexico.

According to the Center for American Progress, the U.S. is the primary source of weapons used in violent crimes in Mexico. In 2018, more than 20,000 of the 30,000 intentional murders in Mexico were committed with firearms.

Most of the guns trafficked into Mexico are military and assault style rifles. For years, the Mexican government has urged the U.S. to reinstate the Violent Crime Control and Law Enforcement Act of 1994, which made it “unlawful for a person to manufacture, transfer, or possess” a semi-automatic assault weapon. The law was adopted with a sunset clause and expired in 2004, even though the majority of Americans supported a ban at the time.

Today, 67% of Americans support a ban on military and assault-style weapons.

The semi-automatic, military style weapons that cross the U.S.-Mexico border, which were formerly banned under U.S. federal law, are now legal unless banned by state or local law. Arizona, for example, has not banned semi-automatic weapons, nor does the state require private sellers to initiate a background check when transferring a firearm.

More than 90% of Americans support background checks for all gun sales, yet a loophole in federal gun laws–known as the “private sale exemption” or “gun show loophole”–exempts unlicensed sellers from having to perform a background check before selling a firearm. This exemption helps legally purchased U.S. guns easily find their way into the hands of gun traffickers.

For some in Mexico, firearms trafficking is just another way to earn a living. Traffickers can purchase firearms in the U.S. and turn around to sell them in Mexico. They can get upwards of three times what they spent in Arizona at a gun show or through a private U.S. seller. Organized crime and drug trafficking operations take advantage of this supply chain and traffic both in bulk and little by little.

Between 2011 and 2016, over 70% of the 106,000 guns used in violent crimes in Mexico originated in the U.S. Those 160,000 guns represent a small fraction of the total number of weapons crossing the border from the U.S. into Mexico. In 2019, around 28,465 weapons, mostly handguns, were legally sold to Mexico. Yet, it is estimated that between 2010 and 2012, nearly 213,000 legally purchased firearms in the U.S. were illegally smuggled across the U.S.-Mexico border. These 213,000 firearms represented 2.2% of arms sales in the U.S. during that time, valued at around $200 million.

U.S.-sourced guns are not only contributing to lethal crime and political instability in Mexico, but also Central America. From 2014 to 2016, 49% of guns used in the commission of a crime seized in El Salvador, and 45% seized in Honduras, were originally purchased in the U.S. This supply chain leads to the displacement of Central Americans fleeing violence in their home countries.

A Black Transgender friend who moved from New Orleans, where she frequently performed in the Drag Cabaret where I provided music, sent out this missive from Houston last week. I want to share it with you. “Black trans woman gunned down in early-morning hours in southwest Houston. Diamond Brigman, 36, was transgender, which left some wondering if she was targeted when she was gunned down last weekend.”  A friend of mine was chased off the street by a woman wielding a knife early this week.  She also was one of the performers I worked with. State officials are complicit in these deaths.

On Tuesday night, friends gathered to mourn the death of a woman who was shot and killed over the weekend.

Diamond Brigman was transgender, which left some wondering if she was targeted.

She was only 36.

Brigman’s friends said her killing is a stark reminder of the violence that trans women, especially Black trans women, face. She was shot and killed while standing on the side of Country Creek Street in southwest Houston early Saturday morning.

A little after 1 a.m. that morning, Houston police said surveillance video showed a white Chevy Malibu circle the area several times before a man got out of the passenger side of the car and opened fire on Brigman.

“Shot numerous pistol rounds out of the car. And, of course, the result of that is this individual dead on the side of the road,” an investigator said at the scene.

The shooter was described as being about 5 feet, 5 inches tall. Police said the shooter and the driver ditched the car and ran. They still haven’t been found.

“She was larger than life she had a lot of energy and always smiling and personable,” Joelle Espeut said.

Espeut is a local trans advocate and a friend of Brigman. She said crimes like this shouldn’t be happening in 2024.

“The rate and level of violence that is inflicted on Black trans women is parallel to the violence that is inflicted upon Black cisgender women,” Espeut said.

She said the majority of the killers are the same, too.

“Both Black trans women and Black cisgender women are being killed and murdered through intimate partner violence,” Espeut said.

Diamond Brigman.  Say her name.   Violence against women continues to plague this country.  “When Your Home State Also Becomes Your Abuser’ The leading cause of death for pregnant women is homicide, most often by an abusive partner with a gun. And Texas is forcing victims to stay pregnant while making it easier for abusers to get guns.”  This is from HuffPo. It’s reported by Alanna Vagianos.

The leading cause of death among pregnant and postpartum women in the U.S. is homicide, most often by an abusive partner with a gun. Pregnant and postpartum women are more than twice as likely to be murdered than to die from sepsis, hypertensive disorders or hemorrhage.

Experts tell HuffPost other states with abortion bans are also seeing an increase in domestic violence, but Texas stands out for a few reasons. The state was the first to severely restrict abortion in 2021, forcing women to stay pregnant nearly a year before Roe fell and exposing domestic violence victims to more violence with fewer ways to escape. At the same time, the Lone Star state has the largest rate of gun sales in the country and continues to have lax firearm restrictions. The state is so firearm friendly that gun rights groups chose it as the testing ground for a Supreme Court case that will determine if domestic abusers get to keep their guns.

In the last decade, the amount of women shot and killed by an abuser has nearly doubled in Texas.

Ah, Texas!  Such a Pro-life Haven!

The cruelty continues in the MAGAtrocity.  “HOUSE REPUBLICANS WANT TO BAN UNIVERSAL FREE SCHOOL LUNCHES. The Republican Study Committee’s annual budget also calls to permanently defund UNRWA and eliminate the National Labor Relations Board.” This is from The Intercept and is written by Prem Thakker. It doesn’t get any more pro-life than starving children to death and letting women reach death’s door in nonviable pregnancies like the story told by this woman in the Arizona State Legislature.  “A Democratic senator needs an abortion. She told her colleagues about Arizona’s ‘cruel’ laws. While Eva Burch spoke on the Senate floor about her planned abortion, almost all of her GOP colleagues found something else to do.” 

This is also part of their budget plan to kill everyone that’s not enriching them. ” House Republican budget calls for raising the retirement age for Social Security. A budget by the Republican Study Committee, a group of more than 170 GOP lawmakers, highlights how many in the party would seek to govern if Republicans win in November.  And of course, Louisiana’s new MAGAtrocity Governo has this on his agenda. “Under Jeff Landry, Louisiana Republicans target unions, workers’ comp, child labor law. The bills would limit collective bargaining, change how unions pay dues and raise the bar for workers’ compensation claims.”

Blame and punish the victim. It’s a Republican policy thing. These things wouldn’t even pass Richard Nixon’s muster.  It’s a game to see how cruel we can be!

What’s on your reading and blogging list today?

Together we’ll stand, divided we’ll fall
Come on now people, let’s get on the ball and work together
Come on, come on let’s work together, now, now people
Because together we will stand, every boy, every girl, and a man
Before when things go wrong, as they sometimes will
And the road you travel, it stays all uphill
Let’s work together, come on, come on, let’s work together, ah
You know together we will stand, every boy, girl, woman, and a man
Oh well now, two or three minutes, two or three hours
What does it matter now, in this life of ours
Let’s work together, come on, come on
Let’s work together, now, now people
Because together we will stand, every boy, every woman, and a man
Oh, come on
Oh come on, let’s work together
Oh well now, make someone happy, make someone smile
Let’s all work together and make life worthwhile
Let’s work together, come on, come on
Let’s work together, now, now people
Because together we will stand, every boy, girl, woman, and a man
Ah, yeah
Well now, together we will stand, every boy, girl, woman, and a man
Ah, yeah

Songwriters: Wilbert Harrison
Let’s Work Together lyrics © Sony/ATV Music Publishing LLC