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.
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?
BREAKING: Judge Merchan drops a bombshell on Donald Trump in his criminal hush money trial, reveals a slew of damaging information that prosecutors can mention.
This is from the Washington Post’slive 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.
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?
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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.
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 Republichas 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.
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.
Louis Gossett Jr has sadly passed away at the age of 87.
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.
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.
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.
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.
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
Portrait of Vsevolod Emilievich Meyerhold, by Pytr Konchalovsk, 1938
Today’s big political story: House Republicans’ efforts to impeach President Biden for supposed corruption involving his son Hunter is in deep trouble. You probably heard that their star witness has been indicted and arrested for lying to the FBI. On top of that, his “evidence” came from the Kremlin. Republicans are the Putin Party. Here’s the latest:
The former FBI informant charged with lying about the Bidens’ dealings in Ukraine told investigators after his arrest that Russian intelligence officials were involved in passing information to him about Hunter Biden, prosecutors said Tuesday in a new court filing, noting that the information was false.
Prosecutors also said Alexander Smirnov has been “actively peddling new lies that could impact US elections” after meeting with Russian spies late last year and that the fallout from his previous false bribery accusations about the Bidens “continue[s] to be felt to this day.”
Smirnov claims to have “extensive and extremely recent” contacts with foreign intelligence officials, prosecutors said in the filing. They said he previously told the FBI that he has longstanding and extensive contacts with Russian spies, including individuals he said were high-level intelligence officers or command Russian assassins abroad.
Prosecutors with special counsel David Weiss’ team said Tuesday that Smirnov has maintained those ties and noted that, in a post-arrest interview last week, “Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about Businessperson 1,” referring to President Joe Biden’s son, Hunter Biden.
The revelations about Smirnov’s alleged foreign contacts were disclosed as part of prosecutors’ arguments to keep him jailed ahead of trial – though a federal judge later granted Smirnov’s release with several conditions, including GPS monitoring and the surrender of his two passports. Smirnov declined to answer questions as he left the courthouse Tuesday evening.
Prosecutors alleged that Smirnov “claims to have contacts with multiple foreign intelligence agencies,” including in Russia, and that he could use those contacts to flee the United States.
The explosive revelation comes amid backlash over how Smirnov’s now-debunked allegations played into House Republicans’ impeachment inquiry into the president.
Read more details at CNN.
From the Associated Press:
A former FBI informant charged with making up a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company had contacts with Russian intelligence-affiliated officials, prosecutors said Tuesday.
Prosecutors revealed the alleged contact as they urged a judge in Las Vegas to keep Alexander Smirnov behind bars while he awaits trial. But U.S. Magistrate Judge Daniel Albregts allowed Smirnov to be released from custody on electronic GPS monitoring.
Joan Brown, Noel in the Kitchen (circa 1964).
He is accused of falsely telling his FBI handler that executives with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each around 2015 — a claim that became central to the Republican impeachment inquiry in Congress….
According to prosecutors, Smirnov admitted in an interview after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip….
Prosecutors said Smirnov, who holds dual U.S.-Israeli citizenship, falsely reported to the FBI in June 2020 that executives associated with Burisma paid millions of dollars to Hunter and Joe Biden in 2015 or 2016.
But Smirnov had only routine business dealings with the company starting in 2017 and made the bribery allegations after he “expressed bias” against Joe Biden while he was a presidential candidate, according to prosecutors.
He is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles, where he lived for 16 years before relocating to Las Vegas two years ago.
Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Democrats called for an end to the probe after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”
Republicans’ main witness in their efforts to impeach Joe Biden has already been charged with lying to the FBI. Now he has also admitted to having ties to Russian intelligence officers.
Alexander Smirnov, a longtime FBI informant with ties to Ukraine, had claimed to have proof of Biden and his son Hunter accepting bribes from a Ukrainian oligarch. Republicans repeatedly touted Smirnov’s claims in their quest to impeach the president. But last week, the Justice Department announced that it was charging Smirnov with making a false statement and creating a false record related to the bribery allegation.
Now, in a detention memo filed Tuesday, the Justice Department revealed that Smirnov confessed that Russian intelligence officers helped him smear Hunter Biden.
“During his custodial interview on February 14, Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about” the younger Biden, the filing said.
Smirnov also told the FBI that he had had repeated contact with a Russian official who, as Smirnov told it, was “the son of a former high-ranking Russian government official, someone who purportedly controls two groups of individuals tasked with carrying out assassination efforts in a third-party country, a Russian representative to another country, and … someone with ties to a particular Russian intelligence service.”
Laurie Simmons, Blonde-Aqua Sweater-Dog (2014).
Smrinov initially tried to spread the Biden Ukrainian corruption story just before the 2020 election, but Justice Department prosecutors are warning that Smirnov’s “misinformation” goes far beyond that.
“He is actively peddling new lies that could impact U.S. elections after meeting with Russian intelligence officials in November,” they said in the filing.
The memo notes that Smirnov himself reported several meetings with Russian officials as recently as December 2023.
The charges against Smirnov are the latest major fail in Republicans’ attempts to impeach Biden, which has been nothing but a comedy of errors. For almost a year, the GOP has insisted that Biden and his son are guilty of corruption. Republicans have not produced a shred of concrete evidence of their claims, but they have repeatedly upheld accusations from a supposedly credible but confidential FBI source (whom we now know is Smirnov) as reason enough to keep investigating the president.
Attorneys for Hunter Biden on Tuesday moved to dismiss tax-related charges brought by special counsel David Weiss in California, accusing prosecutors of selectively targeting President Joe Biden’s son, violating a statute of limitations, and filing duplicative charges on three counts of failure to pay and tax evasion.
“The special counsel has gone to extreme lengths to bring charges against Mr. Biden that would not have been filed against anyone else,” Hunter Biden’s attorney Abbe Lowell said in a statement.
“Prosecutors reneged on binding agreements, bowed to political pressure to bring unprecedented charges, overreached in their authority, ignored the rules and allowed their agents to run amok, and repeatedly misstated evidence to the court to defend their conduct. It is time to hold the special counsel accountable and dismiss these improper charges,” Lowell said.
Weiss’ office charged Hunter Biden in December with nine felony and misdemeanor charges stemming from his failure to pay $1.4 million in taxes for three years during a time when he was in the throes of addiction. Hunter Biden has pleaded not guilty to all charges.
The back taxes and penalties were eventually paid in full by a third party, identified by ABC News as Hunter Biden’s attorney and confidant, Kevin Morris.
In his motions on Tuesday, Lowell reiterated many of the arguments he waged in his efforts to dismiss three additional felony counts Biden faces in Delaware – charges to which Biden has also pleaded not guilty.
Lowell claimed that the tax indictment is the result of a selective and vindictive prosecution stemming from political pressure, that Weiss was not properly appointed special counsel and therefore lacks authority to file charges, and that an immunity agreement struck by the two parties last summer remains in effect.
Lowell also argued that the statute of limitations for Biden’s alleged failure to pay taxes in 2016 expired in April 2023.
As Donald Trump’s legal troubles consume more and more of his time, they’re also consuming more of his donors’ money—and there’s a huge hole in the bucket.
On Tuesday, Trump’s “Save America” leadership political action committee reported raising just $8,508 from donors in the entire month of January, while spending about $3.9 million, according to a new filing with the Federal Election Commission.
Nearly $3 million of that overall spending total was used for one purpose: to pay lawyers.
At the same time, the Trump campaign itself reported a net loss of more than $2.6 million for the month of January. It raised about $8.8 million while spending around $11.5 million, according to a separate filing made public on Tuesday.
The filings reveal that Trump is continuing to burn through his donors’ funds as he struggles to feed two massive cash drains—astronomical legal bills stemming from numerous civil cases and four criminal indictments, plus the costs of a national presidential campaign….
Jean-François Millet, Shepherdess and Her Flock (1862–63).
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
Mary Cassatt, Little Girl in a Blue Armchair (1878).
In his motion for reconsideration, Smith also argues that Cannon minimizes the risk of real-world harm and witness intimidation these individuals would face. He notes that there is a “well-documented pattern in which judges, agents, prosecutors, and witnesses involved in cases involving Trump have been subject to threats, harassment, and intimidation.” Cannon’s cavalier attitude is dangerous for the potential witnesses whose identities could be revealed. As Smith asserts in his brief, “a court’s duty is to prevent harms to the witnesses or the judicial process ‘at their inception.’ ” Cannon appears willing to abdicate that duty.
In response to Smith’s reconsideration motion, Cannon ordered Trump to respond by Friday. That will set up a dramatic ruling by Cannon: Either she reverses her position—which would be an admission that she was fundamentally mistaken about the law in a way that caused “manifest injustice”—or she leaves her ruling in place, putting individuals in jeopardy and twisting the law to help Trump. At that point, Smith may have enough ammunition to seek her reassignment from the 11th Circuit.
Beyond that contretemps, there is a second possible dispute that may be headed to the court of appeals shortly. Earlier this month saw two days of hearings on whether the defendants in the case will get access to highly classified documents under the Classified Information Procedures Act. That statute allows the government to petition the court to redact, summarize, or even withhold classified information in a criminal case. Notably, the CIPA provides the government with the ability to immediately and swiftly appeal. Thus, even if Smith loses a ruling related only to a single document, the statute allows him to go straight to the 11th Circuit.
Some stories out today provide details on Trump’s plans for the U.S. if he somehow gets back into the White House.
An influential think tank close to Donald Trump is developing plans to infuse Christian nationalist ideas in his administration should the former president return to power, according to documents obtained by POLITICO.
Spearheading the effort is Russell Vought, who served as Trump’s director of the Office of Management and Budget during his first term and has remained close to him. Vought, who is frequently cited as a potential chief of staff in a second Trump White House, is president of The Center for Renewing America think tank, a leading group in a conservative consortium preparing for a second Trump term.
Christian nationalists in America believe that the country was founded as a Christian nation and that Christian values should be prioritized throughout government and public life. As the country has become less religious and more diverse, Vought has embraced the idea that Christians are under assault and has spoken of policies he might pursue in response.
CRA’s work fits into a broader effort by conservative, MAGA-leaning organizations to influence a future Trump White House. Two people familiar with the plans, who were granted anonymity to discuss internal matters, said that Vought hopes his proximity and regular contact with the former president — he and Trump speak at least once a month, according to one of the people — will elevate Christian nationalism as a focal point in a second Trump term.
The documents obtained by POLITICO do not outline specific Christian nationalist policies. But Vought has promoted a restrictionist immigration agenda, saying a person’s background doesn’t define who can enter the U.S., but rather, citing Biblical teachings, whether that person “accept[ed] Israel’s God, laws and understanding of history.”
On Tuesday, Politico published an exposé of the secret plans of The Center for Renewing America think tank, described as “a leading group in a conservative consortium preparing for a second Trump term.” Led by Russell Vought, who once worked as Trump’s director of the Office of Management and Budget, the group has drafted a blueprint to turn the U.S. into a “Christian nationalist” country. The group argues that “freedom is defined by God, not man,” which is a fancy way of saying that they oppose most human rights. Subsequently, they are calling for an end to free speech, by using the Insurrection Act to quell protests. The coalition also expressed support for “overturning same-sex marriage, ending abortion and reducing access to contraceptives.”
Former President Donald Trump likened the $355 million judgment against him in a New York civil trial to the death of Russian opposition leader Alexei Navalny during a Fox News town hall on Tuesday evening.
“It is a form of Navalny. It is a form of communism or fascism,” he said, before going on to attack the judge in the case, Arthur Engoron, who he called a “nut job.”
Trump compared himself to Navalny, the outspoken critic of Russian President Vladimir Putin, who died in prison on Friday, on several occasions during the event. Earlier in the town hall, Trump praised Navalny as a “very brave guy” because he chose to return to Russia, where he had been jailed since 2021, though Trump said he “probably would have been a lot better off staying away and talking from outside.”
“People thought that could happen and it did happen,” Trump said, referring to Navalny’s death. “And it’s a horrible thing.”
Asked about outrage over Navalny’s death, Trump said, “It’s happening here.” He said his indictments are “all because of the fact that I’m in politics.”
Trump refrained from blaming Putin for the death, as President Joe Biden and former U.N. Ambassador Nikki Haley, Trump’s sole remaining credible primary opponent, have done.
Trump’s remarks amounted to a doubling down on his controversial post on Truth Social on Monday that “the sudden death of Alexei Navalny has made me more and more aware of what is happening in our Country.”
Lock him up.
That’s all the news I have for you today. What are your thoughts? What other stories are you interested in?
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Still life with a cup on a tray, 1919, Duncan Grant
Good Day, Sky Dancers!
I’m getting ready to be one of the huddled masses who stays at home to avoid the insanity and commercialism of Crassmas season. Check my closets! No ugly sweaters here! Some significant feature articles in the so-called ‘national’ newspapers highlight the decades we’ve endured where a small theocratic cult has managed to capture institutions. Nothing like staying home this time of year with good reads and a good cup of coffee with your favorite music.
I had two doses of the season watching my granddaughters put up a series of ‘squishmallows’ onto one tree branch. These little stuffed plushies are the latest versions of beanie babies or whatever is terrifically overpriced but terribly necessary this year. I frankly had difficulty telling them from the plushies Temple had as a puppy that only cost a few dollars. Puppy toys aren’t generally designer-branded. I also got a photo of the two of them terrified and screaming on a store Santa’s lap, whose smile was fixed in place. I learned there’s such a thing as Santa trauma from BB. I heard my mother’s voice coming from my depths, asking, “What did you do to them?” Music on. Coffee hot. Now, for the reads.
So, let me start with a New York Times article that features the national trauma brought on by Theocratic Inquisitor Samuel Alito and his co-conspirators. “Behind the Scenes at the Dismantling of Roe v. Wade .”
Justice Barrett, selected to clinch the court’s conservative supermajority and deliver the nearly 50-year goal of the religious right, opposed even taking up the case. When the jurists were debating Mississippi’s request to hear it, she first voted in favor — but later switched to a no, according to several court insiders and a written tally. Four male justices, a minority of the court, chose to move ahead anyway, with Justice Kavanaugh providing the final vote.
Those dynamics help explain why the responses stacked up so speedily to the draft opinion in February 2022: Justice Alito appeared to have pregamed it among some of the conservative justices, out of view from other colleagues, to safeguard a coalition more fragile than it looked.
The Supreme Court deliberates in secret, and those who speak can be cast out of the fold. To piece together the hidden narrative of how the court, guided by Justice Alito, engineered a titanic shift in the law, The New York Times drew on internal documents, contemporaneous notes and interviews with more than a dozen people from the court — both conservative and liberal — who had real-time knowledge of the proceedings. Because of the institution’s insistence on confidentiality, they spoke on the condition of anonymity.
At every stage of the Dobbs litigation, Justice Alito faced impediments: a case that initially looked inauspicious, reservations by two conservative justices and efforts by colleagues to pull off a compromise. Chief Justice John G. Roberts Jr., a conservative, along with the liberal Justice Stephen G. Breyer, worked to prevent or at least limit the outcome. Justice Breyer even considered trying to save Roe v. Wade — the 1973 ruling that established the right to abortion — by significantly eroding it.
To dismantle that decision, Justice Alito and others had to push hard, the records and interviews show. Some steps, like his apparent selective preview of the draft opinion, were time-honored ones. But in overturning Roe, the court set aside more than precedent: It tested the boundaries of how cases are decided.
Justice Ginsburg’s death hung over the process. For months, the court delayed announcing its decision to hear the case, creating the appearance of distance from her passing. The justices later allowed Mississippi to perform a bait-and-switch, widening what had been a narrower attempt to restrict abortion while she was alive into a full assault on Roe — the kind of move that has prompted dismissals of other cases.
The most glaring irregularity was the leak to Politico of Justice Alito’s draft. The identity and motive of the person who disclosed it remains unknown, but the effect of the breach is clear: It helped lock in the result, The Times found, undercutting Chief Justice Roberts and Justice Breyer’s quest to find a middle ground.
In the Dobbs case, the court “barreled over each of its normal procedural guardrails,” wrote Richard M. Re, a University of Virginia law professor and former Kavanaugh clerk on a federal appellate court, adding that “the court compromised its own deliberative process.”
Still Life, Duncan Grant
It’s a really tough and long read but one that every person concerned with freedom and privacy and every woman should read. Four men were behind the ultimate push. Four bullies got the say over the women
With their waiting game, the justices had nearly broken a record: Dobbs was the second most re-listed case ever granted review.
But sometime before the announcement, Justice Barrett had switched her vote. Just four members of the court, the bare minimum, chose to grant, with Justice Kavanaugh taking the side of Justices Alito, Gorsuch and Thomas. They overrode five colleagues — including all the female justices — who had an array of concerns. The men appeared to be betting that Justice Barrett would ultimately side with them, pushing herinto a case she had not wanted to take.
Her reasons for the reversal are unclear. But as a professor in 2013, she had written a law review article laying out the kind of dilemma she faced in spring 2021. “If the court’s opinions change with its membership, public confidence in the court as an institution might decline,” she noted. “Its members might be seen as partisan rather than impartial and case law as fueled by power rather than reason.”
That July, with its audience before the court secure, Mississippi made the case more monumental, abruptly changing its strategy. “Roe and Casey are egregiously wrong,” the state’s main brief declared on its first page. It urged the justices to be bold. “The question becomes whether this court should overrule those decisions. It should.”
Still Life with Bookcase, Duncan Grant
The Washington Post article is also about Zealot bullies whose patriarchal, xenophobic, and racist religion let them do, say, and back anyone to enable the codification of their deeply hateful beliefs. ” Let’s just melt into some pleasant painting and escape the overarching desire to control everyone for a while.
“Why Bob Vander Plaats thinks some evangelicals can’t quit Trump.” Might as well face it; they’re addicted to hate. Vander Plaats is an evangelical leader in Iowa who is behind Desantis now. As if, Trump wasn’t a big enough bully and control freak for them. The interview is based on a poll from the Iowa-based paper The Des Moines Register. This was my family newspaper of choice growing up. Yes, I feel strongly about these people. I’m glad I’ve moved away from them. They make awful neighbors!
The Early: The poll also found 51 percent of likely caucus-goers who describe themselves as evangelicals support Trump. Do you see a divide between evangelical leaders like yourself and evangelical voters when it comes to Trump?
Vander Plaats: No, I really don’t know if I do. There’s some evangelicals [who] believe Trump of 2016 is going to be Trump of 2024. And I get that. I understand where they’d be like, “I’d rather have Trump than Joe Biden. I want to bring Trump back because Trump was good.” I’m not discounting that stuff at all. I’m just saying I’m looking at electability and who’s going to move us forward.
There may be a disconnect there. I don’t see a huge disconnect otherwise.
The Early: How do you think the Trump of 2024 would be different from the Trump of 2016?
Vander Plaats: First of all, day one, you’re really a lame duck, because you’re in your second term.
And who’s going to make up his team? I’m very concerned about that. A lot of his team members have been under litigation, and it’s been expensive for them. And if that’s the track record — “I’m going to go serve but then I’m going to get sued” — and there’s been no real propensity to say, “I’ve got [former Trump lawyer Rudy] Giuliani‘s back,” or “I’ve got [former White House chief of staff Mark] Meadows’s back” or “I’ve got [former Trump lawyer] Jenna Ellis’s back. It’s awfully hard now to recruit people to come in.
The Early: DeSantis signed a six-week abortion ban in Florida. He has said he would support a 15-week national ban as president. Trump has not committed to doing so. Why do you think so many evangelical voters are supporting Trump over DeSantis?
Vander Plaats: Trump is well known — 100 percent name ID. And he did things that they remember. And so you’re not going to leave him until you’re sold on somebody. There’s also part of the evangelical community — which I fully understand — they want a disrupter. They just want a disrupter: “This is wrong, and we need a disrupter just to shake it up.” And I think they view Trump being a champion in that.
Still life with Ginger Jar, Sugar Bowl, Oranges, and Bath Towel, Camille Pissarro
Moms for Liberty, the extremist “parental rights group,” was supposed to help the Republican Party regain the White House. In July, former president Donald Trump called the anti-LGBTQ group with 300 active chapters across the county a “grassroots juggernaut.” They are credited with forcing schools to lift mask mandates, banning books featuring LGBTQ characters, and supporting anti-trans laws and policies across the country. The group was on track to be instrumental to the GOP in the 2024 election.
But, over the course of the past five months, the group has begun to unravel.
Experts have questioned the claims about the size of the group’s membership, and individual members have been exposed as sex offenders and acolytes of the Proud Boys. Then, last month, Moms for Liberty cofounder Bridget Ziegler admitted in a police interview to being in a relationship with her husband and another woman. The interview was conducted after the woman in question alleged that Ziegler’s husband, Florida GOP chair Christian Ziegler, had raped her.
Ziegler’s husband has denied the allegations and refused to resign from his position as GOP chair, despite calls from Florida governor Ron DeSantis and other state Republicans to do so. Ziegler is also a member of the Sarasota County School Board, and has been instrumental in ushering in Florida’s Don’t Say Gay bill, pushing a Christian agenda in public schools, and banning the teaching of critical race theory. On Tuesday night, the board voted 4–1 in favor of a nonbinding resolution calling for her to resign, marking a rapid fall from grace for Ziegler and a potential fatal blow to Moms for Liberty.
“The impact of the Zeigler scandal has been enormous on the Moms for Liberty structure,” Liz Mikitarian, the founder of the activist group STOP Moms for Liberty, which closely tracks the group’s activities, tells WIRED. “We see chapters moving away or taking a break, chapter leadership questioning their roles and scrambling at the national level to save their ‘mom’ brand. The organization is trying to distance itself from the Zieglers, but this is impossible because the Zieglers are interwoven into the very fabric of Moms for Liberty.”
Still Life with Teapot (French: Nature morte avec pot de thé), 1902 and 1906, by Paul Cézanne.
Republicans keep trying to come up with a coherent message on abortion. And real life keeps intruding.
On the campaign trail this week, Nikki Haley was pressed — yet again — to say whether she’d sign a national abortion ban into law. She dismissed the prospect of such a ban as an effort to “scare people” and jostled with Chris Christie over who had the more reasonable position on abortion.
As the two traded shots, though, they were upstaged by events far away from New Hampshire.
Texas Attorney General Ken Paxton, an ally of former President Donald Trump, drew national attention for blocking Kate Cox, whose fetus had a terminal condition, from having an abortion. And then, on Wednesday, the Supreme Court decided to take up a case that could affect access to mifepristone — a ruling that could get in the way of GOP efforts to sound reasonable on the issue.
The contrast between the GOP candidates’ maneuvering toward the middle and the real-world events that remind the public of the party’s most aggressively anti-abortion faction shows how vexing the issue remains for the party. Eighteen months after the fall of Roe v. Wade, even Republicans who try to moderate — or, like Donald Trump, try not to talk about it — are struggling mightily to get on the right side of popular opinion.
“We have to humanize the situation and deal with it with compassion,” Haley told reporters at Tuesday’s New Hampshire town hall when asked about the Texas case.
The conversation around abortion rights has remained front and center since the Supreme Court overturned Roe last year — from Republicans’ ongoing debate about a national abortion ban to off-year elections reemphasizing the salience of abortion rights for voters.
Republicans continue struggling to find a position they can sell to both their base and the general public, a point that Christie stressed at a New Hampshire town hall on Wednesday: “The voters in this state have a right to know where [Haley] stands, not just her happy talk,” he said. “She wants to be everything to everybody on that issue.”
Haley’s comments on the Cox case in Texas stake out a less aggressive position on abortion than some of her fellow Republicans — and it’s not the first time she has taken such a stance. In November’s GOP presidential debate, Haley urged Republicans to be “honest” about the feasibility of enacting a federal abortion ban.
Still Life with a Pewter Jug and Pink Statuette, Henri Matisse. 1910
Democracy has grown and matured by turning into a self-fulfilling prophecy: It persists because everyone in a society believes it should and will exist. If democratic culture dims, democracy’s prospects dim with it.
The United States, the first country to claim the mantle of democracy in the modern era, has long had an exceptionally strong democratic culture. Belief in democratic ideals, liberal rights, and the basics of constitutional government are so fundamental to American identity that they’ve been collectively described as the country’s “civil religion.”
Yet today, America’s vaunted democratic culture is withering before our eyes. American democracy, once seemingly secure, is now in so much trouble that 75 percent of Americans believe that “the future of American democracy is at risk in the 2024 presidential election,” according to a study by the Public Religion Research Institute and the Brookings Institution.
This withering took off during Donald Trump’s rise to power and has continued apace in his post-presidency. The more he attacks the foundations of the democratic system, the less everyone — both his supporters and his opponents — believe American democracy is both healthy and likely to endure.
Moreover, he has birthed an anti-democratic movement inside the Republican Party dedicated to advancing his vision (or something like it). These Republicans vocally and loudly argue American democracy is a sham — and that dire measures are justified in response. This faction is already influential, and will likely become more so given its especial prominence among the ranks of young conservatives.
As worrying as the prospect of a second Trump term is, the damage he and his allied movement have already done to American democratic culture is not hypothetical: It’s already here, it’s getting worse, and it will likely persist — even if Trump loses in 2024.
Put differently, Trump has already robbed us of our sense of security and faith in our democracy. The consequences of that theft are not abstract, but rather ones we’ll all have to deal with for years to come.
Winter Flowers William Henry Hunt, c.1850
The nations of NATO–of which we are still one–are coming to grips with having anti-democratic Hungary in its midsts as it looks to include Ukraine among its members. Hungary is taking active steps along with the Republican Party here that loves itself some Victor Orban to defund Ukraine’s freedom fight. This is a sad statement. This is from the BBC. “Hungary blocks €50bn of EU funding for Ukraine.”
Hungary – which maintains close ties with Russia – has long opposed membership for Ukraine but did not veto that move.
Mr Orban left the negotiating room momentarily in what officials described as a pre-agreed and constructive manner, while the other 26 leaders went ahead with the vote.
He told Hungarian state radio on Friday that he had fought for eight hours to stop his EU partners but could not convince them. Ukraine’s path to EU membership would be a long process anyway, he said, and parliament in Budapest could still stop it happening if it wanted to.
Talks on the financial package ended in the early hours of Friday. EU leaders said negotiations would resume early next year, reassuring Kyiv that support would continue.
Speaking later that day, European Council President Charles Michel said he was “confident and optimistic” the EU would fulfil its promise to support Ukraine.
Belgian Prime Minister Alexander De Croo echoed him: “The message to Ukraine is: we will be there to support you, we just need to figure out a few of the details together.”
Mr Michel had earlier confirmed that all but one EU leader had agreed on the aid package and wider budget proposals for the bloc – although Sweden still needed to consult its parliament. He vowed to achieve the necessary unanimity for the deal.
A long delay in financial aid for the country would cause big problems for Ukraine’s budget, Kyiv-based economist Sergiy Fursa told the BBC.
“It pays for all social responsibilities of the government – wages for teachers, doctors for pensions,” he said.
Ukraine’s counter-offensive against Russia’s occupying forces ground to a halt at the start of winter, and there are fears that the Russians could simply outgun Ukraine.
The Senate delayed the start of its holiday break on Thursday to allow for more time to reach a deal on President Joe Biden’s emergency spending bill that lawmakers hope will pair U.S. assistance to Ukraine with major immigration reforms.
The upper chamber is expected to return to work on Monday. Meanwhile, the GOP-controlled House recessed and isn’t scheduled to return until Jan. 9, 2024, ensuring that critical military and financial assistance to Ukraine to defend against ongoing Russian aggression won’t be approved by Congress and delivered to Kyiv for at least another month.
“We have to get this done,” Senate Majority Leader Chuck Schumer (D-N.Y.) insisted in a speech on the Senate floor on Thursday. “Our Republican colleagues who have said action on the border is so urgent should have no problem with continuing to work next week.”
“We know the world is watching,” he added. “We know autocrats like [Russian President Vladimir] Putin and [Chinese President Xi] Jinping are hoping for us to fail. So we need to try with everything we have to get the job done.”
Fa la la la la, la la la la … peace on earth, goodwill to everyone! I’ll be at home if you need me!
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
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