So they modify their claim: Biden is addled and wandering, except when he is given some sort of medication, perhaps a stimulant, that reverses that effect. And here we are, with Trump and those seeking his reelection to the White House demanding that Biden submit to some sort of drug test before this week’s first presidential debate, purportedly in effort to sniff out this theoretical drug.
Wednesday Reads
Posted: June 26, 2024 Filed under: "presidential immunity", 2024 presidential Campaign, Donald Trump, Joe Biden, just because | Tags: Biden-Trump debate 2024, Biden-Trump debates 2020, FBI search of Mar-a-Lago, Judge Aileen Cannon, Murthy v Missouri, No Biden won't be on drugs, Snyder v United States, stolen documents case, Supreme Court, Trump attacks on FBI agents, Trump storage methods 4 CommentsGood Day!!
Studio Scene, by Kayoon Anderson
Today, the press and cable TV are mostly focused on tomorrow’s debate and how Biden can deal with Trump’s insanity and incoherence. I don’t find the discussions about this very interesting. I think Biden knows how to bait Trump, and no one really knows what crazy nonsense Trump will unleash. I hope Biden will mock Trump’s fear of sharks and electric boats; his claims that there’s not enough water in shower heads and dishwashers; and his claim that he got his vast knowledge about “nuclear” by osmosis from his uncle the MIT professor. Trump has absolutely no interest or knowledge about policy and Biden can demonstrate that too.
It is concerning that Trump is claiming Biden will be “jacked up” on drugs, because low information voters appear to be incredibly stupid and will likely believe it. Of course, Trump is the one who could be using drugs as a crutch.
Philip Bump at The Washington Post: No, Biden won’t be on performance-enhancing drugs for the debate.
Allies of Donald Trump have painted themselves into a cognitive corner. President Biden is unfit for office, they argue, because he is so old, and his mental abilities have deteriorated markedly. But then Biden will, say, deliver a State of the Union address in which he is energetic and pointed for more than an hour.
Experts who spoke with The Washington Post, though, confirm that no such medicine exists.
At the outset, we should recognize that this claim is generally not offered seriously. It is, instead, an effort to escape the aforementioned contradiction, a way to hold both that Biden is incapable of serving as president and yet, unquestionably at times, not demonstrating any such impairment. What’s more, the demand that Biden undergo a drug test is itself not serious. It is, instead, meant to create a condition that allows Trump and his allies to continue to claim that any strong performance from Biden is a function of medication. The result is win-win for Trump, who can blame any loss on this wonder drug.
The wackos at Fox “News” are busy speculating about what drugs Biden could be using.
Host Maria Bartiromo — no stranger to conspiratorial argumentation — hosted Rep. Eric Burlison (R-Mo.) where she offered an observation made by Rep. Ronny Jackson (R-Tex.).
“Jackson says Biden will have been at Camp David for a full week before the debate,” Bartiromo said, “and that they’re probably experimenting with getting doses right. Giving him medicine ahead of the debate.”
Burlison agreed that this was possible, though he offered that it might be more innocuous than medication. Perhaps, he said, Biden’s team is “jack[ing] him up on Mountain Dew.”
“Nothing like that exists,” Thomas Wisniewski, director of the NYU Langone Alzheimer’s Disease Research Center, told The Washington Post by phone. “There are no medications or stimulants that can reverse a dementing process transiently.”
but quite often that can just exacerbate their confusion, as well,” he added. “They can be more stimulated, but they are not going to be behaving in a more cogent or normal fashion as a result of being stimulated by anything. Very often it’s the reverse.”
Adam Brickman, associate professor of neuropsychology at Columbia University Irving Medical Center, concurred with that assessment.
“I’m not aware of any medications that would reverse or mask cognitive decline,” Brickman said. What’s more, he noted that “the association between energy and cognition is a very weak one. In other words, someone could have low energy but totally intact cognition and vice versa.”
Of course the goal of these drug claims is to prepare the idiots who support Trump for the likelihood that Biden will wipe the floor with Trump during tomorrow’s debate.
Amanda Marcotte at Salon: Trump’s claim that Biden is “jacked up” on drugs is more than projection — it’s cult conditioning.
Donald Trump has been thinking a lot about cocaine lately, even though drug-running is one of the few felony charges he’s not been indicted or convicted for. He has been routinely accusing President Joe Biden of using drugs, with the usual vivid details Trump injects into all his weird fantasies. “So a little before debate time, he gets a shot in the a—,” Trump told rallygoers in Philadelphia Saturday. “I say he’ll come out all jacked up,” he added, before going off on a diatribe accusing Biden of being the owner of a bag of cocaine found in a White House visitors’ closet last year.
La Lecture, 1877, by Henri Fanton-Latour
Since there’s no flight of Trump’s fancy too bizarre for right-wing media, this obsession of Trump’s is getting echoed by Republican politicians and MAGA talking heads. Fox News hosts, Republican politicians, MAGA media influencers, and every right-wing troll on Twitter have been playing their part as well-trained parrots, repeating the lie. The National Republican Congressional Committee (NRCC) is even putting the lie in paid advertising.
Everyone knows that Trump’s favorite rhetorical tactic is psychological projection. You’d think Republicans would be a little more worried this would raise questions about what Trump has been ingesting. But no: The campaign tapped disgraced former White House doctor Rep. Ronny Jackson, R-Tex. to be a major Trump surrogate pushing this lie. Jackson’s been hitting both TV and podcasts to toss around drug names like “Adderall” and “Provigil.” This only reinforces suspicions that this accusation is a confession, however. When Jackson was Trump’s White House doctor, he earned the nickname “Dr. Feelgood” for relentlessly pushing these drugs on people who do not need them. Jackson’s behavior was so egregious that the Navy stripped him of his rank.
What’s telling about this lie is, as with many MAGA falsehoods, it seems few, if any, of the people repeating it actually believe it. Trump and his allies have accused Biden not just of being a little tired at times, but of having dementia. As Mona Charen pointed out on the “Daily Blast” podcast, if Adderall could restore a demented person’s brain, they’d be mass distributing it to the millions of people who are suffering from this disease. As for the cocaine accusation, even the most naive person in the country knows cocaine makes people less coherent, not sharper. It causes people to ramble on about nonsense, which is closer to describing your average Trump speech, not anything Biden has been up to.
Trump is using his second favorite trick, besides projection: Tricking his followers into believing they’re in on his con.
Trump isn’t trying to convince anyone of this lie. He’s convincing them that, by repeating the obvious lie, they can share in what they believe is his mastery over reality itself. The lie is not a thing the MAGA person sincerely believes. It’s a weapon Trump has provided them. When he loses the debate, which they clearly expect he will, the lie gives them a way to participate in the post-debate spin. But it’s also the stupidity of the lie that makes it so fun. Saying something deliberately dumb is a reliable way to drive the liberals mad. Angering liberals is the emotional core of the MAGA base….
As I’ve written about before, this strategy is the oldest technique in the con artist’s book. The best way for a grifter to gain a mark’s trust is to make him feel like he’s in on the con. Cult leaders operate the same way, by creating this sense of intimacy with their victims. Once the mark feels he’s part of the conspiracy, it’s that much easier to victimize him. The mark feels like the predator and not the prey, and so he lets his guard down around the actual villain picking his pocket. Trump does this to his followers over and over again, and they always fall for it. Even the Capitol insurrection is a good example. Trump convinced the rioters that they were his partners in the attempted coup. In reality, they were his patsies, set up to take the fall while he hid away in the White House.
Read the whole piece at Salon. It’s good.
NPR has an interesting article on the Biden and Trump “debates” in 2020: COVID tests and crosstalk: What happened the last time Trump and Biden debated.
With Trump and Biden now near even in the latest polls, and many Americans unenthused — and still undecided — about voting for either of them, Thursday’s debate offers both candidates an opportunity. But it’s not without risks.
It’s likely to be a memorable night if 2020 is any indication. Here’s a look at what happened last time Trump and Biden took the stage together….
Albert Edelfelt, Portrait of the artist’s sister Bertha Edelfelt, 1881
The first round, in September 2020, was by many accounts a disaster. NPR’s Domenico Montanaro called it “maybe the worst presidential debate in American history.”
Trump arrived on the debate stage trailing in the polls and, apparently, jonesing for drama. He interrupted Biden constantly, peppering him with questions and personal slights despite moderator Chris Wallace’s pleas for order.
At one point, while Biden was talking about his late son Beau’s military service, Trump jumped in to attack his other son, Hunter, for his drug use (which Biden managed to seize as a sympathetic moment).
Biden tried in vain to ignore Trump talking over him throughout — but called the then-president a “clown” more than once. At one point he had clearly had enough.
“Will you shut up, man?” he said exasperatedly, as Trump continued accusing him of wanting to pack the Supreme Court. “This is so unpresidential.”
Trump even bulldozed over Wallace, prompting the then-Fox News anchor to declare, “Mr. President, I am the moderator of this debate and I would like you to let me ask my question and then you can answer.”
A bit more on the first “debate”:
Still, a few substantive moments stood out amidst the chaos and crosstalk.
One was when Wallace asked if Trump was willing to condemn white supremacists and tell them to “stand down.”
Trump blamed the “left-wing” instead, but said he was prepared to do so. At that point, both Wallace and Biden urged him to go ahead. Trump asked for a name, and Biden suggested the Proud Boys.
“Proud Boys, stand back and stand by,” Trump said, in what sounded more like a call to action, and quickly became part of the far-right extremist group’s new social media logo.
Trump also repeatedly made baseless claims about the upcoming election being rigged, saying “This is going to be fraud like you’ve never heard.”
When Wallace asked if he would urge his supporters to stay calm during a potentially prolonged period of counting ballots, Trump demurred. He said instead that he was “urging my supporters to go into the polls and watch very carefully.”
“If it’s a fair election, I am 100% on board,” he said. “But if I see tens of thousands of ballots being manipulated, I can’t go along with that.”
Read the rest at NPR.
The Supreme Court is still releasing decisions. Once again, they have held back the one on Trump’s claim of “presidential immunity.” They announced two decisions today.
The Guardian: US supreme court allows government to request removal of misinformation on social media.
The US supreme court has struck down a lower court ruling in the case of Murthy v Missouri, finding that the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. The court’s decision permits the government to call on tech companies to remove falsehoods and establishes boundaries around free speech online.
The court ruled 6-3 that the plaintiffs had no standing to bring the case against the Biden administration, with conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting.
The ruling is a blow to a longstanding Republican-backed effort to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives through demands to take down misinformation about the pandemic.
Bloomberg Law: Supreme Court Further Weakens Public Corruption Prosecutions.
The US Supreme Court again pared back a public corruption law, this time saying that state and local officials who accept “gratuities” aren’t covered by a federal bribery statute.
The 6-3 ruling by Justice Brett Kavanaugh on Wednesday was the latest in a string of cases cutting the reach of federal corruption laws and prosecutorial discretion to bring charges against government officials.
Woman reading in garden. Ignacio Díaz Olano
In the latest case, Snyder v. United States, the justices said a law which makes it a crime for certain state or local officials to “corruptly” accept anything of value over $5,000 doesn’t reach gratuities paid in recognition of past actions.
The ruling undoes the conviction of former Portage, Indiana, Mayor James Snyder for receiving $13,000 from a trucking company after it was awarded city contracts.
A contrary ruling had the potential to criminalize “commonplace gratuities” like a Dunkin’ Donuts gift card, Chipotle dinner, or tickets to a Hoosiers game, the court said.
The ruling split the justices along ideological lines. Writing for the liberal justices in dissent, Justice Ketanji Brown Jackson said “Snyder’s absurd and atextual reading of the statute is one only today’s Court could love.”
The justices’ concern over prosecutorial overreach could have implications for a number of criminal cases over the Jan. 6 Capitol riot. The justices in Fischer v. United States are considering whether federal prosecutors went too far in charging some defendants with an Enron-era statute prohibiting obstruction of an official proceeding.
Judge Aileen Cannon held another hearing yesterday in her efforts to waste as much time as possible and prevent the stolen documents case from going to trial. Here’s some of what happened:
Adam Klasfeld at Just Security: Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster.
Nearly two years after the FBI’s search of Mar-a-Lago, former President Donald Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Trump’s attorney, Emil Bove, argued that the search warrant was not detailed enough to survive Fourth Amendment scrutiny.
U.S. District Judge Aileen Cannon pointedly disagreed: “It seems like it is, based on the caselaw that’s been submitted,” she said, minutes before court adjourned.
Though Cannon did not immediately issue a ruling, Trump’s challenge hinges on the “particularity” of the warrant, and her remarks throughout the proceedings left little doubt as to her leanings.
“It’s clearly delineated there to search for documents with classification markings,” she remarked toward the start of the hearing.
Click the link to read more about the hearing.
At Public Notice, Liz Dye wrote about Trump’s claims that he should be able to attack anyone involved in the legal cases against him: Trump asserts constitutional right to harass FBI agents.
In the stolen documents case in Florida, Trump called the special counsel’s motion to stop him from spreading vicious lies about the FBI agents who searched Mar-a-Lago a “naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution.” [….]
In Florida, Special Counsel Jack Smith moved to bar Trump from accusing the FBI agents who executed the search warrant at Mar-a-Lago of trying to assassinate him.
The backstory is that on May 21, Trump claimed to have been “shown Reports” that President Biden “AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE” back in August 2022 when it raided the private club where he was storing stolen government documents.
Sleeping Woman with a Book, by Ferdinand Max Bredt
In fact, the “Report” was boilerplate language from the FBI’s operations order for the warrant, attached as an exhibit to his own motion to suppress the evidence kicked up on that raid. The FBI took great care to execute the warrant at a time when the club was shuttered for the season and there was no prospect that the former president and his family would be there. Nevertheless, Trump and his MAGA henchmen spent several news cycles claiming that President Biden had sent in agents “locked and loaded” ready to shoot him.
Those agents will necessarily be witnesses at the trial (should it ever happen), and yet Trump is falsely accusing them of attempted murder. Two of them were already publicly outed back in 2022 when someone gave the unredacted warrant to Breitbart and a former Trump aide, both of whom published it with the agents’ signatures visible.
After the agents were doxxed, they and their families were threatened and harassed, which influenced Magistrate Judge Bruce Reinhart’s decision to keep under seal parts of the affidavit in support of the warrant.
“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated,” he wrote.
Judge Cannon doesn’t seem to think this is a big deal.
Trump insists that his lies about the FBI are “core political speech” protected by the First Amendment. He also deliberately distorts the “heckler’s veto,” as he has done many times before, claiming that he cannot be silenced to prevent foreseeable, violent acts by his supporters. But as the DC Circuit wrote in its order upholding the gag order in the election interference case, “That doctrine prohibits restraining speech on the grounds that it ‘might offend a hostile mob’ hearing the message.” [….]
The DC Circuit judges noted that the trial judge need not find that the defendant’s statements had led to violent attacks in this case, they could infer the danger from attacks on everyone from Atlanta poll workers, to grand jurors in Fulton County, to the jury foreperson doxxed in the Roger Stone case. Applying the standard set out by the Supreme Court in Gentile v. State Bar of Nevada, the judges blessed the gag order based on a finding that Trump’s attacks on witnesses, jurors, and court staff posed a “substantial likelihood of materially prejudicing” the proceedings.
But that may not matter to Judge Aileen Cannon, who showed marked hostility to this (and every other) prosecutorial motion at a hearing Monday in Fort Pierce, where she waved away the ample record of Trump endangering witnesses and law enforcement, as well as an exhibit showing threats to FBI agents by a man who was killed in an attempted attack on an FBI building in Cincinnati just days after the warrant on Mar-a-Lago was executed.
“There still needs to be a factual connection between A and B,” the judge said, rebuffing Assistant US Attorney David Harbach’s efforts to make the government’s case.
“Mr. Harbach, I don’t appreciate your tone,” she fumed in response to the complaint that she wasn’t letting the government articulate its position, according to Just Security’s Adam Klasfeld, who was in the courtroom. “I expect decorum in this courtroom at all times. If you cannot do that, I’m sure one of your colleagues can take up this motion.” [….]
It seems highly unlikely that Cannon will do anything to curb Trump’s speech, until someone else gets hurt — and, if and when that happens, she will blame the government for failing to properly argue in favor of the gag order.
One more on the stolen documents case from Justin Rohrlich at The Daily Beast: New Pics Show Nuclear Secrets Stashed Beside the Diet Cokes at Mar-a-Lago.
On Monday night, following Trump’s latest disingenuous contention—that the FBI agents who seized and reviewed the contents of boxes upon boxes of sensitive materials stored at Mar-a-Lago “failed to maintain” the exact order of the documents within, which Trump now claims could somehow exonerate him—government lawyers filed a scathing response letting the air out of Trump’s contentions.
Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).
Far from a neatly ordered system under which Trump, a notorious pack rat, maintained a precise inventory of important documents, Special Prosecutor Jack Smith, along with prosecutors Jay Bratt and David Harbach, noted the “cluttered collection of keepsakes,” which “traveled from one readily accessible location to another” around the Palm Beach, Florida club.
“[T]his is not a case where reams of identically-sized documents were stacked neatly in file folders or redwelds, arrayed perfectly within a box,” the filing states. “To anyone other than Trump, the boxes had no apparent organization whatsoever.”
Trump kept highly guarded secrets in boxes with “personally chosen keepsakes of various sizes and shapes from his presidency—newspapers, thank you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others,” the government’s filing goes on.
“After they landed in stacks in the storage room, several boxes fell and splayed their contents on the floor; and boxes were moved to Trump’s residence on more than one occasion so he could review and pick through them,” the filing continues. “Against this backdrop of the haphazard manner in which Trump chose to maintain his boxes, he now claims that the precise order of the items within the boxes when they left the White House was critical to his defense, and, what’s more, that FBI agents executing the search warrant in August 2022 should have known that.”
Smith, Bratt, and Harbach included a slew of exhibits to back up their position, with numerous previously unseen pictures of Trump’s decidedly chaotic storage methods. One shows assorted wadded-up golf shirts side-by-side with a folder marked “CONFIDENTIAL.” Another shows extremely sensitive defense-related documents carelessly stacked up on the floor beside cases of Diet Coke, a Hermes tie box, and a “Save America” cap, several toppled boxes with papers, binders, and folders spilling out, and a box containing a Christmas pillow and a random length of bubble wrap, beneath which, as national security analyst and writer Marcy Wheeler pointed out, at least one document prosecutors say was related to America’s nuclear weapons program.
In one exhibit, Smith & Co. provide a new photo of a storage closet at Mar-a-Lago where the contents of at least five upturned bankers boxes can be seen spilling out onto the floor. Several suit jackets in plastic dry cleaning bags hang from a rack above them, a Gibson guitar case leans against the wall, and what appears to be a piece of rococo plaster molding teeters atop a cardboard box nearby. According to the indictment, one of the boxes seen here contained a 2019 document marked “SECRET//REL TO USA, FVEY,” which denotes the Five Eyes intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the U.S.
Read more and see photos at the Daily Beast link.
This post is getting really long, so I’m going going to end there. I’ll add a few more links in the comment thread. Have a great day, everyone!!
Lazy Caturday Reads
Posted: June 15, 2024 Filed under: 2024 presidential Campaign, cat art, Cats, caturday, Donald Trump, Joe Biden | Tags: Anthony Fauci, bump stocks, disinformation, doctored video, gun violence, intersex cats, mass shootings, Supreme Court, tortoiseshell cats, Trump's dementia 4 Comments
Cinder, previously Cindi
Happy Caturday!!
I read an interesting cat news story yesterday about a “rare” male tortoiseshell kitten. From The Oregonian: ‘Unicorn’ kitten, born intersex, adopted from central Oregon shelter.
Central Oregon veterinarians are excited about a rare tortoiseshell kitten that was brought into a shelter earlier this spring, and adopted into a new family last Friday.
That’s because the kitten, Cinder, was born intersex, with both male and female genitals.
The Central Oregon Humane Society announced the news about about the kitten on Friday, saying it was like “spotting a unicorn.”
“Even though I’ve only been in the veterinary field for nine years, this very well could be a once-in-a-career moment,” Bailey Shelton, clinic manager at the shelter, said in a news release. “They always talked about how rare male tortoiseshells are back in school, but seeing one in person is something else.”
Due to a stroke of genetics, tortoiseshell colored cats, known for their swirling coats of black and orange, are almost always female. And while Cinder does have some female genitals, including what appears to be a vulva, the shelter said, it does not have a uterus or ovaries, born instead with a pair of testicles (which have since been removed).
Crystal Bloodworth, medical director for the shelter, said now that Cinder has been neutered, it will grow up appearing to be female. However, given its anatomy at birth, the shelter has opted to label the kitten as male.
“To call it a male is tough, but with the binary nature of animals and people’s perception of animals, we chose male,” Bloodworth said.
While rare, incidents of hermaphroditism in cats is not unheard of, the shelter said. Like humans, intersex cats can be born with many variations of both male and female genitalia. This cat likely has three chromosomes, XXY, with two Xs that allow for the tortoiseshell coloring and a Y that allows for the testicles.
Cinder was brought into the central Oregon shelter in April, part of a litter relinquished by a local cat owner. The kitten, presumed to be female, was taken into a foster home and named Cindi. Veterinarians discovered the male genitals during a routine spay surgery, after which the cat was renamed Cinder.
More cute photos at the link.
Here are some of the stories topping the news today.
As I’m sure you know, yesterday the corrupt Supreme Court struck down the Trump era ban on bump stocks, thus making it easier for angry men with guns to murder huge numbers of people quickly. NBC News: Supreme Court rules ban on gun bump stocks is unlawful.
In a 6-3 ruling on ideological lines, with the court’s conservatives in the majority, the court held that an almost 100-year-old law aimed at banning machine guns cannot legitimately be interpreted to include bump stocks.
The Trump administration imposed the prohibition after the Las Vegas mass shooting in 2017, in which Stephen Paddock used bump stock-equipped firearms to open fire on a country music festival, initially killing 58 people. Then-President Donald Trump personally called for the accessory to be banned.
Writing for the majority, Justice Clarence Thomas said that a firearm equipped with the accessory does not meet the definition of “machinegun” under federal law.
The ruling prompted a vigorous dissent from liberal Justice Sonia Sotomayor.
“When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck,” she wrote in reference to bump stocks enabling semiautomatic rifles to operate like machine guns. Sotomayor also took the rare step of reading a summary of her dissent in court.
Even with the federal ban out of the picture, bump stocks will still not be readily available nationwide. More than a dozen states have already banned them, according to Everytown for Gun Safety, a nonprofit gun-control group. Congress could also act.
A response to the decision from Mark Joseph Stern at Slate: Clarence Thomas’ Opinion Legalizing Bump Stocks Is Indefensible.
The Supreme Court’s conservative supermajority carved a huge loophole into the federal prohibition against machine guns on Friday, striking down a bump stock ban first enacted in 2018 by the Trump administration. Its 6–3 decision allows civilians to convert AR-15–style rifles into automatic weapons that can fire at a rate of 400–800 rounds per minute. One might hope a ruling that stands to inflict so much carnage would, at least, be indisputably compelled by law. It is not. Far from it: To reach this result, Justice Clarence Thomas’ opinion for the court tortures statutory text beyond all recognition, defying Congress’ clear and (until now) well-established commands. As Justice Sonia Sotomayor explained in dissent, the supermajority flouts the “ordinary meaning” of the law, adopting an “artificially narrow” interpretation that will have “deadly consequences.” This Supreme Court will be squarely at fault for the next mass shooting enabled by a legal bump stock.
A Boy with a Cat, by Pierre Auguste Renoir
Friday’s decision, Garland v. Cargill, is not a Second Amendment case. The plaintiffs do not (yet) argue that the Constitution guarantees a right to own bump stocks. Rather, they claim that the Trump administration stretched existing law too far when it outlawed bump stocks following the 2017 Las Vegas shooting. The gunman committed that massacre with the assistance of a bump stock, allowing him to murder 60 people in 10 minutes from 490 yards away, the deadliest single-gunman mass shooting in U.S. history. To use this device, a gunman attaches it to his AR-15, then holds his finger on the trigger and leans forward to maintain pressure on the bump stock. A semiautomatic requires the shooter to pull the trigger to fire each round. When done correctly, by contrast, “bump firing” can then unleash a spray of bullets without repeated pulls of the trigger, and at the rate of an automatic weapon. This barrage is audible in many videos of the Las Vegas shooting; victims were mowed down in rapid succession because the bump stock enabled nonstop fire.
For years, the Bureau of Alcohol, Tobacco, Firearms, and Explosives had been monitoring these devices; the agency found some unlawful, depending on their precise mechanisms, but did not take a formal position overall. The Las Vegas shooting prompted ATF to conclude that bump stocks transform semiautomatic rifles into machine guns, rendering them illegal under a long-standing federal statute. That’s because this law bans “any part designed and intended solely and exclusively” for “converting a weapon into a machinegun.” And a “machinegun” is defined as any firearm that fires “automatically” by “a single function of the trigger.” After extensive deliberation, ATF found that bump stock–equipped rifles do exactly that.
Now the Supreme Court has decided that it understands firearms better than the ATF. Thomas’ majority opinion reads like the fevered work of a gun fetishist, complete with diagrams and even a GIF. The justice, who worships at the altar of the firearm, plainly relished the opportunity to depict the inner workings of these cherished tools of slaughter. (It’s no surprise that he borrowed the images from the avidly pro-gun Firearms Policy Foundation.) To reach his preferred result, Thomas falsely accused ATF of taking the “position” that bump stocks were legal, then “abruptly” reversing course after the Las Vegas shooting. This account is dead wrong: ATF took a careful, case-by-case view of different bump stock–like devices as gunmakers developed them, deeming some permissible and others unlawful. The gun industry pushed these devices into the mainstream by deceiving ATF about their purpose; in one case, for instance, a manufacturer won approval from the agency by claiming a bump stock was designed to accommodate people with limited hand strength—then turned around and marketed it as the next best thing to a machine gun.
Read the rest at Slate.
The Supreme Court still has a large number of cases to decide before they wrap up this session. One of those decisions will be on Trump’s claim of absolute immunity from anything he did as “president.” Adam Liptak at The New York Times: Supreme Court’s Leisurely Pace Will Produce Pileup of Late June Rulings.
The Supreme Court has been moving at a sluggish pace in issuing decisions this term, entering the second half of June with more than 20 left to go. That is not terribly different from the last two terms, when the pace at which the court issued decisions started to slow….
There are two main theories for why the court has started moving slowly, and they reinforce each other. The first is that the proportion of blockbusters is high, in this term in particular. In the coming weeks, the justices will weigh in on criminal charges against former President Donald J. Trump, abortion, guns, social media, homelessness, the opioid crisis and the power of executive agencies.
Morning Kiss, by Raphael Vavasseur
Of the 23 remaining cases, perhaps a dozen of them have the potential to reshape significant parts of American society.
The second theory is that the justices are not getting along very well in the aftermath of the leak of the decision overturning Roe v. Wade in 2022, the decision itself, the drumbeat of ethics scandals, the announcement of an ethics code that seems toothless and the drop in public respect for the court.
The justices themselves, whose party line has long been that they are a collegial bunch, have let slip a darker view in public appearances.
Soon after the leak, Justice Clarence Thomas said it was “like kind of an infidelity.”
“Look where we are, where that trust or that belief is gone forever,” he said. “And when you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”
In her own remarks last month, Justice Sonia Sotomayor said the court’s direction has reduced her to tears.
“There are days that I’ve come to my office after an announcement of a case and closed my door and cried,” she said. “There have been those days. And there are likely to be more.”
On Friday, Justice Sotomayor announced a dissent in a case on a firearms law from the bench, a rare move that signals profound disagreement.
The court has said that it will not issue more decisions until Thursday. It will doubtless add days for decision announcements the last week of June, the court’s self-imposed deadline for finishing its work before the justices’ summer break. But it will be a challenge to issue all of the remaining decisions by then.
Maybe Thomas and Alito are getting too old to keep up? That’s another important reason why Biden just has to win in November. If Trump is elected, those two will step down and be replaced by even worse people, if that is possible.
Speaking of old people, Donald Trump turned 78 yesterday. Yes, President Biden is a few years older, but he kept up an amazing pace during his two recent trips to Europe. In fact, the Biden-Harris campaign Twitter account noted that in a speech in Palm Beach yesterday, “Trump attack[ed] President Biden for being too energetic: He flies back and forth and back and forth between countries.” Meanwhile, Trump has been playing golf more than campaigning.
Meanwhile, Trump met with a group of CEO’s on Thursday, and it did not go well for him. Christina Wilke and Brian Schwartz at CNBC:
Former President Donald Trump failed to impress everyone in a room full of top CEOs Thursday at the Business Roundtable’s quarterly meeting, multiple attendees told CNBC.
“Trump doesn’t know what he’s talking about,” said one CEO who was in the room, according to a person who heard the executive speaking. The CEO also said Trump did not explain how he planned to accomplish any of his policy proposals, that person said.
A girl with her cat, by Emile Vernon
Several CEOs “said that [Trump] was remarkably meandering, could not keep a straight thought [and] was all over the map,” CNBC’s Andrew Ross Sorkin reported Friday on CNBC’s “Squawk Box.”
Among the topics on which Trump offered scant details were how he would reduce taxes and cut back on business regulations, according to two other people in the room who spoke to CNBC….
The same CEOs who were struck by Trump’s lack of focus “walked into the meeting being Trump supporter-ish or thinking that they might be leaning that direction,” Sorkin reported.
“These were people who I think might have been actually predisposed to [Trump but] actually walked out of the room less predisposed” to him, Sorkin said….
Trump’s energy in the meeting was also noticeably subdued, according to two people who were in the room. At no time during his remarks was there any noticeable applause for Trump, two attendees told CNBC.
It’s difficult to understand why anyone is surprised by Trump’s idiocy at this point. I guess they must only watch Fox News and read the Wall Street Journal.
This week, the New York Post doctored a video to make President Biden look spaced out like Trump often is. William Vaillancourt at The Daily Beast: White House Rips ‘Desperate’ Murdoch Press Over Deceptive Biden Video.
A member of the White House communications team went after The New York Post on Thursday after it posted on social media a deceptively edited video of President Joe Biden at the G7 economic summit in Italy.
White House Senior Deputy Press Secretary Andrew Bates responded to a post by the publication on X that had the caption, “President Biden appeared to wander off at the G7 summit in Italy, with officials needing to pull him back to focus.”
“The Murdoch outlets are so desperate to distract from @POTUS’s record that they just lie,” Bates wrote….
The fake video showed Biden walking away from the other people to talk to some skydivers who had just landed nearby. The Post cut out the skydivers and show Biden appear to be walking away for no reason.
“Here, they use an artificially narrow frame to hide from viewers that he just saw a skydiving demonstration,” Bates continued. “He’s saying congratulations to one of the divers and giving a thumbs up.”
Bates included a wider version of the same clip which shows Biden walking over toward one of the skydivers, who could not be seen in the Post’s video.
The Post isn’t the only Murdoch-owned paper that the White House’s press team has criticized lately. In taking issue with a report in The Wall Street Journal claiming that Biden’s mental acuity was “slipping,” Bates called attention to how some Democrats in Congress said their quotes to the contrary were cut from the article.
A girl with a cat, by Pierre Bonnard
Disinformation is very serious problem in the presidential campaign, particularly because of Trump’s stochastic terrorism and his followers’ responses. Check out this story by Joseph Menn at The Washington Post: Stanford’s top disinformation research group collapses under pressure.
One more story, before I wrap this post up. Anthony Fauci has a tell-all book coming out, and Martin Pengally writes about it at The Daily Beast: Anthony Fauci: Volcanic Donald Trump Screamed F-Bombs, Then Said He Loved Me.
Donald Trump shouted foul-mouthed abuse at Anthony Fauci, then lurched into telling him he loved him—and claimed he would win the 2020 election in a “fucking landslide,” the top medical adviser reveals in his new memoir.
In the eagerly awaited book, Fauci describes conversations with Trump during the COVID-19 pandemic in which the then-president would “announce that he loved me and then scream at me on the phone.”
By Edouard Vuillard
“Let’s just say, I found this to be out of the ordinary,” Fauci writes, of conversations peppered with f-bombs, including the claim Fauci had cost the U.S. economy “one trillion fucking dollars.”
The book, On Call: A Doctor’s Journey in Public Service, will be published in the U.S. next week—as Trump and President Joe Biden’s rematch gathers pace. The Daily Beast obtained a copy.
On the page, Fauci describes interactions with Trump as the administration wrestled with the president’s opposition to public health measures including masking; Trump’s desire to reopen the country; his indulgence of advisers with dubious qualifications pushing untested treatments; his bizarre suggestion that bleach might kill the virus; and, ultimately, his own hospitalization with COVID….
In 2020, within weeks of the first COVID cases, Fauci became a Republican punching bag. Enemies saw him as an avatar of the medical establishment when he relentlessly urged COVID precautions, starting with social distancing, moving to lockdowns, then masking and vaccines.
He told Congress this month that he, his wife, and his adult daughter were the subjects of death threats. During the pandemic he received a full-scale security detail.
In his book, Fauci reports his last conversation with Trump, in which Trump said he would win re-election “by a fucking landslide” against Biden, whom he deemed “fucking stupid.”
Those are my offerings for today. I hope you find something of interest to you here.
Wednesday Reads
Posted: June 12, 2024 Filed under: 2024 presidential Campaign, abortion rights, birth control, Donald Trump, Joe Biden, War on Women | Tags: Department of Justice, Hunter Biden, Merrick Garland, Project 2025, Reproductive Health Care, Ryan Hamilton, Texas 7 CommentsGood Afternoon!!
There are lots of important stories today; it’s difficult to decide which of them is most important, so I’ll just begin with another reproductive health care horror story out of Texas. I don’t know if you’ve been following this one, but a few days ago, a man from Texas posted on Twitter about what happened to his wife when she sought help for a failing pregnancy. He expressed so poignantly what so many couples have been dealing with after the Supreme Court overturned Roe.
Here is a portion of his first post about it. Read the whole thing at the link.
My heart is broken: As friends & family know, my wife was pregnant with our 2nd child, & about to begin her 2nd trimester. A few days ago she had severe pains, & bleeding, and had to go to the emergency room. There, it was discovered that our baby no longer had a heartbeat. Devastated doesn’t come close to what that feels like. Unfortunately for people like us, because of the current laws in the state of Texas, that was only the beginning of this nightmare. Jess (my wife) had an “incomplete miscarriage”, and what needed to happen, what was best for HER, and her health, was to terminate the pregnancy, and get the baby out.
Radio DJ Ryan Hamilton
The doctor gave her a medication that would move this process along, and sent her home. Where, apparently we would be handling it ourselves. We were told it might take a couple of attempts before it worked….
After a long, painful night of the equivalent of early labor, the baby was still with her. So, we went back to the Emergency Center to get the 2nd dose. A new doctor was on call. He was an older man. You could hear him in the hallway as he said, “I’m not giving her a pill so she can go home and have an ab*rtion!”. Being well aware that our baby no longer had a heartbeat. Then, he came into the room to say, and I quote: “Considering the current stance. I’m not going to prescribe you this pill”. Then, just sent us on our way.
The “CURRENT STANCE”?! Did he really just say that?! No one should ever have to hear their wife say: “Get this dead baby out of me!”.
Can you even imagine how that must feel?
The pain, and the bleeding continued. So, we decided to go to another hospital, about an hour away. There was a female doctor on call there, and we thought we might have better luck.
I should probably mention, the procedure to get the baby out is called a D & C. It’s scary, & traumatizing, but sometimes necessary in situations like ours. Especially in emergency circumstances.
So we get to the next hospital. They take Jess in, ask her a bunch of questions, do a new scan… confirm that the baby is still there, with no heartbeat, and then disappear… for hours. Only to come back in and keep asking the same questions over and over. It’s becoming clear that they’re primary concern is NOT my wife’s health. Instead, they seem to be worried about the legalities involved.
So, they decide it is not “enough of an emergency” to perform the D & C. They do, however, prescribe another, stronger, final dose of the medication for us to try again… at home.
So, we go home to try again. Another long day/night of early labor pains. Only to discover my wife UNCONSCIOUS in the bathroom. Having to pick my wife’s cold, limp body off of that bathroom floor, not sure if I was about to lose her, is something I will NEVER forget. She had to be rushed to the hospital.
By this point she had lost so much blood, and bodily fluid, her body gave out. They were able to stabilize her, give her the fluids she needed, and we came back home yesterday afternoon. We were also able to confirm that our baby was no longer with her.
Now, not only do we have to live with the loss of our baby… we have to live with the nightmare of what we just experienced because of political and religious beliefs. MY WIFE’S HEALTH SHOULD HAVE COME FIRST. PERIOD! God knows what mental and emotional damage this has done. If you consider yourself a staunch “pro-lifer” … 1) You’ve never been through what we just went through, and 2) You should take a long, hard look in the mirror and reevaluate your reasons for supporting such a cold, barbaric, ignorant point of view. It’s not that black & white, and it’s never going to be. If you think your “Pray To End Ab*rtion” sign in your yard is “Christian”, I suggest you revisit the teachings of Jesus and try again. If you support these laws that make ab*rtion illegal, and result in people being put through what we just were, you should be ashamed of yourself. I’ve never been so angry, or heartbroken… and the devastation I’m feeling must pale in comparison to what my poor wife is feeling.
If you go to Hamilton’s feed, you can read much more. Now here is a portion of his latest post from yesterday:
How is my wife? Lots of folks asking (thank you)….It’s been a little over 2 weeks since it happened, & we were told it would be a minimum of 6 weeks before her body recovered from all the blood she lost.
Ryan and Jess Hamilton
Because of the amount of blood loss, she still gets light headed & has dizzy spells. But those are getting less frequent. We are monitoring her HCG levels at home. As of now, she is still getting a positive pregnancy test. This is where it gets scary. If those levels don’t go down soon there is serious risk of infection, which can lead to a world of other very scary problems. Including sepsis. So, she’s not out of the woods yet, physically… and her incomplete miscarriage, is STILL potentially incomplete.
The likelihood of her still needing a D&C is looking increasingly likely. Which, if they would have just DONE THE PROCEDURE IN THE FIRST PLACE, WE WOULDN’T BE HERE! The barbaric way she was treated will forever infuriate me. We have no faith in the doctors, or the medical system here in Texas….So seeking care here is not something we are interested in. However, there are physicians in other states who have reached out. They have been caring, & kind, & very generous in their offers to get us the help we need, if we need it.
This is real life here in Texas. Denying my wife the care she needed. Sending her home on 3 different occasions to almost bleed out on our bathroom floor. Texas Abortion Law did that. My wife is strong. I am in awe of her strength as she recovers. I know she’s going to be ok. But, here we are, weeks later, and we STILL may have to leave the state to get the care she needs….
How many women in Texas and other red states have experienced these nightmarish results since the end of Roe? We know there are many. As we all know, women are once again second class citizens or worse. Right wing Republicans are calling stories like this “fear-mongering.” One anti-abortion site actually claimed that he is lying.
They say the same things about Republicans’ efforts to ban birth control. Anyone who votes for Republican this year is supporting their war on women.
Yesterday’s news was dominated by another family tragedy, the felony conviction of President Joe Biden’s son Hunter. Republicans seem almost disappointed in the outcome of the trial; they apparently hoped that President Biden would interfere to protect his son.
From Noah Berlatsky at Public Notice: Hunter Biden’s conviction destroys key MAGA conspiracy theory.
Yesterday, Hunter Biden, son of the president, was convicted on three charges of lying about narcotics use on a gun-purchase form.
In a sane world, this would not be great news for former president and presumptive GOP nominee Donald Trump, who has been arguing for a year that President Joe Biden has subverted and weaponized the Justice Department. Are we to believe that Biden weaponized the the DOJ to prosecute his own son?
Apparently we are. Trump campaign press secretary Karoline Leavitt popped up gamely on Newsmax to insist that the Hunter conviction is just a “distraction from the real crimes of the corrupt Biden family crime family.” (RNC co-chair Lara Trump used the same talking point on Hannity as this newsletter was being finalized.) Trump advisor and right-hand ghoul Stephen Miller similarly tried to keep the conspiracies spinning; he insisted that the DOJ should have prosecuted Hunter not on gun charges, but for more serious crimes.
The hapless James Comer also got in on the act, tweeting that Hunter’s conviction is somehow evidence that the DOJ “continue[s] to cover for the Big Guy, Joe Biden.”
Of course, if Hunter had been exonerated, Comer and company would be insisting the verdict was rigged. You can’t shame conspiracy theorists. But for anyone who’s not inside the MAGA bubble, the verdict shows pretty clearly that Biden is doing anything but weaponizing the rule of law — even if the law in this case is neither thoughtful nor just.
What result did Republicans want? According to Berlansky:
Meanwhile, Donald Trump has been convicted in New York on 34 counts of falsifying business records to cover up hush money payments to adult film star Stormy Daniels. Trump is slated to be sentenced next month. He’s also facing a slew of other charges related to his efforts to overturn the 2020 election and his mishandling of classified material after he left the White House.
Hunter Biden leaves court after conviction, holding hands with Jill Biden and his wife Melissa Cohen Biden
Republicans have worked themselves into a rabid lather in defense of Trump’s rampant criminality. Shortly after Republicans took control of the House last year, Ohio Rep. Jim Jordan created a Subcommittee on the Weaponization of Government specifically to push false claims that Biden’s DOJ is engaged in political prosecutions of conservative figures, especially Trump.
Trump recently made the ludicrous claim that the DOJ is trying to kill him. Ultra MAGA Rep. Matt Gaetz floated another conspiracy theory in a hearing this month, charging Attorney General Merrick Garland with “dispatching” a former senior official at DOJ to work in the Manhattan district attorney’s office and push through a Trump conviction. This claim is, of course, baseless.
In this climate, a Hunter Biden exoneration would be red meat. The right was already gearing up to spew gleeful conspiracy theories and blame the president if Hunter was not convicted. Just last week, Fox News host Jesse Watters pushed a racist conspiracy theory in which he claimed the trial had been stacked with Black jurors who would refuse to vote to convict.
With Hunter’s conviction, though, MAGA is facing the sad demise of their conspiratorial hopes. Gaetz, for instance, tweeted, “The Hunter Biden gun conviction is kinda dumb tbh.” But if Hunter had beaten the charges, you can bet everyone from Gaetz to Miller to Trump to Jordan to rabid MAGA twitter blue checks would all be on the same message. And it wouldn’t be that the charges are underwhelming.
Instead of attacking the judge, jury, and prosecution in his son’s case, President Biden made a graceful public statement:
“As I said last week, I am the President, but I am also a Dad,” Biden said. “Jill and I love our son, and we are so proud of the man he is today. So many families who have had loved ones battle addiction understand the feeling of pride seeing someone you love come out the other side and be so strong and resilient in recovery.”
“As I also said last week, I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal,” the president added. “Jill and I will always be there for Hunter and the rest of our family with our love and support. Nothing will ever change that.”
Biden also changed his plans for the afternoon to head home to Delaware to be with his son.
Jill Lawrence at The Bulwark: Joe Biden Won’t Give Up on Hunter or America. Who is the real tough guy in this race? It’s not Donald Trump.
WE GET IT, AMERICA. You think Donald Trump is tough and Joe Biden is compassionate, and therefore not tough enough. But you’ve got it exactly backwards. Trump whines so constantly about “what I’ve been through” that he should adopt “Poor, Poor, Pitiful Me” as his campaign song.
Don’t mistake Biden’s empathy for weakness. The major challenges he has confronted in his first term have required focus, discipline, and strength—from the death, destruction, and global destabilization of two raging wars to his own son’s prosecution on gun charges and the jury’s guilty verdict Tuesday.
Persistence, restraint, forcefulness, forbearance—these qualities speak to an underlying toughness, and Biden has demonstrated them all during his presidency. The Hunter Biden saga is no exception.
Here’s what I mean:
When he took office, Joe Biden retained Delaware’s Trump-appointed U.S. attorney, David Weiss, to finish an investigation into whether Hunter Biden falsified a gun form and evaded taxes while he was addicted to drugs. Joe Biden did not attack the justice system when a Trump-appointed judge—Maryellen Noreika—questioned Hunter’s plea agreement, which ultimately fell apart. Joe Biden didn’t comment or intervene when Attorney General Merrick Garland—his own appointee—elevated Weiss to special counsel status, allowing him broader authority to investigate and bring charges.
President Biden hugging Hunter after his conviction. The President traveled to Delaware to be with his son.
When his son went on trial in Wilmington, again in Noreika’s courtroom, Joe Biden did not attack the judge. He also said he would not pardon Hunter if he were convicted. After the guilty verdict Tuesday, the president said he was proud of “the man he is today” and added: “As I also said last week, I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”
Although prosecutions in gun cases like Hunter’s are rare, as even some conservatives have noted, Biden did not call the system “rigged.” He did not howl about the unfairness of it all. And he left it to others to make a point that should be obvious: Trump’s convictions last month are not the same as Hunter’s. As filmmaker/TV producer Morgan J. Freeman joked shortly after the verdict, “How will this affect Hunter Biden’s campaign?” Exactly.
Patti Davis, a president’s daughter and a self-described former speed and cocaine addict, wrote this week that Hunter’s actions and illness forced Joe Biden “into a choice between the primal urge to protect a child and the public responsibility to uphold the law. That is a terrible place to be.”
BIDEN WAS STRONG ENOUGH AND TOUGH ENOUGH to choose upholding the law. He was also tough enough to keep a speaking engagement with gun-safety advocates, many of whom have experienced personal tragedy involving guns, a few hours after his son was convicted on all three gun charges. And he was tough enough to weather what happened at that event.
“Never give up on hope,” Biden told the audience at the conference hosted by the group Everytown for Gun Safety. Then a protester began shouting at him about “genocide,” upset about deaths in Gaza amid Israel’s fierce response to last fall’s Hamas attack. The Biden-friendly crowd erupted into chants of “four more years,” drowning out the heckler. Biden’s response was remarkable: “No, no, no, no,” he said. “Folks, folks, it’s okay. Look, they care. Innocent children have been lost. They make a point.”
Read the rest at the Bulwark link.
Republicans repeatedly accuse President Biden and Democrats of “weaponizing” the DOJ and the justice system, but Donald Trump has made clear that he is the one who hopes to do that in another term as “president.”
Yesterday, Attorney General Merrick Garland responded to those accusations in The Washington Post: Merrick Garland: Unfounded attacks on the Justice Department must end.
Last week, a California man was convicted of threatening to bomb an FBI field office where hundreds of agents and other employees work. In one of his threats to the FBI, the man wrote: “I can go on a mass murder spree. In fact, it would be very explainable by your actions.”
These heinous threats of violence have become routine in an environment in which the Justice Department is under attack like never before.
In recent weeks, we have seen an escalation of attacks that go far beyond public scrutiny, criticism, and legitimate and necessary oversight of our work. They are baseless, personal and dangerous.
These attacks come in the form of threats to defund particular department investigations, most recently the special counsel’s prosecution of the former president.
Merrick Garland
They come in the form of conspiracy theories crafted and spread for the purpose of undermining public trust in the judicial process itself. Those include false claims that a case brought by a local district attorney and resolved by a jury verdict in a state trial was somehow controlled by the Justice Department.
They come in the form of dangerous falsehoods about the FBI’s law enforcement operations that increase the risks faced by our agents.
They come in the form of efforts to bully and intimidate our career public servants by repeatedly and publicly singling them out.
They come in the form of false claims that the department is politicizing its work to somehow influence the outcome of an election. Such claims are often made by those who are themselves attempting to politicize the department’s work to influence the outcome of an election.
And media reports indicate there is an ongoing effort to ramp up these attacks against the Justice Department, its work and its employees.
We will not be intimidated by these attacks. But it is absurd and dangerous that public servants, many of whom risk their lives every day, are being threatened for simply doing their jobs and adhering to the principles that have long guided the Justice Department’s work.
Read the rest at the WaPo.
Finally, here’s a powerful piece at Slate by Dahlia Lithwick and Norman Ornstein: The Biggest Lie Trump–Biden 2024 Rematch Voters Are Telling Themselves. The system will not inevitably “hold.”
Most would-be dictators run for office downplaying or sugarcoating their intentions, trying to lure voters with a vanilla appeal. But once elected, the autocratic elements take over, either immediately or gradually: The destruction of free elections, undermining the press, co-opting the judiciary, turning the military into instruments of the dictatorship, installing puppets in the bureaucracy, making sure the legislature reinforces rather than challenges lawless or unconstitutional actions, using violence and threats of violence to cow critics and adversaries, rewarding allies with government contracts, and ensuring that the dictator and family can secrete billions from government resources and bribes. This was the game plan for Putin, Sisi, Orbán, and many others. It’s hardly unfamiliar.
Donald Trump is rather different in one respect. He has not softened his spoken intentions to get elected. While Trump is a congenital liar—witness his recent claim that he, not Joe Biden, got $35 insulin for diabetics—when it comes to how he would act if elected again to the presidency, he has been brutally honest, as have his closest advisers and campaign allies. His presidency would feature retribution against his enemies, weaponizing and politicizing the Justice Department to arrest and detain them whether there were valid charges or not. He has pledged to pardon the Jan. 6 violent insurrectionist rioters, who could constitute a personal vigilante army for President Donald Trump, presumably alongside the official one.
Kevin Roberts, head of the Heritage Foundation, home of Project 2025
He has openly said he would be a dictator on Day One, reimplementing a Muslim ban, purging the bureaucracy of professional civil servants and replacing them with loyalists, invoking the Insurrection Act to quash protests and take on opponents while replacing military leaders who would resist turning the military into a presidential militia with pliant generals. He would begin immediately to put the 12 million undocumented people in America into detention camps before moving to deport them all. His Republican convention policy director, Russell Vought, has laid out many of these plans as have his closest advisers, Stephen Miller, Steve Bannon, and Michael Flynn, among others. Free elections would be a thing of the past, with more radical partisan judges turning a blind eye to attempts to protect elections and voting rights. He has openly flirted with the idea that he would ignore the 22nd Amendment and stay beyond his term of office.
The battle plan of his allies in the Heritage Foundation, working closely with his campaign via Project 2025, includes many of the aims above, and more; it would also tighten the screws on abortion after Dobbs, move against contraception, reinstate criminal sanctions against gay sex while overturning the right to same-sex marriage, among other things. His top foreign policy adviser, Richard Grenell, has reiterated what Trump has said about his isolationist-in-the-extreme foreign policy—jettison NATO, abandon support for Ukraine and give Putin a green light to go after Poland and other NATO countries, and reorient American alliances to create one of strongmen dictators including Kim Jong-un. Shockingly, Speaker of the House Mike Johnson violated sacred norms and endangered security by bypassing qualified lawmakers and appointing to the House Intelligence Committee two dangerous and manifestly unqualified members—one insurrectionist sympathizer, Rep. Scott Perry, who has sued the FBI, and one extremist demoted by the military for drunkenness, pill pushing, and other offenses, Rep. Ronny Jackson—simply because Donald Trump demanded it. They will have access to America’s most critical secrets and will likely share them with Trump if his status as a convicted felon denies him access to top secret information during the campaign. This is part of a broader pattern in which GOP lawmakers do what Trump wants, no matter how extreme or reckless.
In general, the mainstream media have shrugged at these overt plans and troubling actions, and most voters either have not focused on them or have dismissed them as exaggerations or impossibilities. After all, our constitutional system has endured for almost 250 years, and the web of checks and balances is strong. There is evidence to support that optimism. We have just seen a historic moment in the rule of law: A unanimous jury of his peers found Trump guilty on 34 felony counts of falsifying financial documents to influence the outcome of the 2016 election….
But conviction notwithstanding, there is reason to be alarmed—deeply alarmed. This one felony conviction was hardly a vindication of the American justice system. The system “held” only insofar as it was capable of somewhat muzzling the ongoing threats leveled by the defendant against the presiding judge and his family, the jurors and the witnesses, and the team of prosecutors who brought the case. The system held only insofar as efforts to bully and terrorize and bribe witnesses who have helped Donald Trump commit crimes with impunity for decades didn’t quite manage to silence all of those witnesses.
And, depressingly, the system only “held” insofar as it doesn’t collapse upon appeal, say if a someday–Supreme Court, summoned by Speaker Mike Johnson, decides, for no reason law would ever permit or condone, to step in and somehow scupper the whole conviction while giving Trump free rein to act with impunity.
We live in scary times. Anyone who isn’t voting for President Biden is voting for the 2025 Plan and a U.S. dictatorship.
But, as Biden said about gun laws, we can’t give up hope. It’s not over yet, and I do believe Biden can and will win. Then we will have to deal with whatever comes when Trump and his MAGA goons refuse to accept the outcome of another election.
Take care, and hang in there Sky Dancers.
Thursday Reads
Posted: June 6, 2024 Filed under: Corrupt and Political SCOTUS, Donald Trump, Joe Biden, SCOTUS | Tags: Alito law clerk Susan Sullivan, Clarence Thomas, D-Day 80th anniversary, Dick Durbin, Hunter Biden trial, Judge Aileen Cannon, Justice Samuel Alito, Normandy, right to contraception, Senate vote on birth control, Todd Blanche, Trump courthouse lunches 3 CommentsGood Morning!!
“The eyes of the world are upon you,” Eisenhower speaking to troops before Normandy invasion.
Today is the 80th anniversary of D-Day, and President Biden is in France to mark the occasion. Some reports:
President Biden and key U.S. allies were in Normandy Thursday to commemorate the 80th anniversary of the U.S.-led allied forces’ D-Day invasion of Nazi-occupied France. The brazen air and sea invasion would mark the beginning of the end of World War II, leading to the defeat of Adolf Hitler’s Nazi German forces in Europe less than a year later.
Mr. Biden, French President Emmanuel Macron, British Prime Minister Rishi Sunak and Canadian Prime Minister Justin Trudeau were together to mark the most significant victory of the Western allies in the war, as well as the largest seaborne invasion in history. Mr. Biden is in France through the weekend for D-Day anniversary commemorations and plans to meet with leaders of key allies during his visit.
“Seventy-three-thousand brave Americans landed at Utah and Omaha beaches in Normandy on June 6, 1944 and the president will greet American veterans and their family members while in France to honor their sacrifice,” White House press secretary Karine Jean-Pierre said in announcing the president’s trip.
Mr. Biden and first lady Jill Biden met WWII veterans one by one ahead of a memorial ceremony at the Normandy American Cemetery on Thursday, presenting each one with coins made to commemorate the D-Day anniversary. He chatted and joked with some of the men, asking about their hometowns, thanking them for their service and calling them the greatest generation ever.
The president delivered remarks later Thursday at a commemoration ceremony that was also attended by members of Congress from both parties, including House Majority Leader Steve Scalise, House Democratic Leader Hakeem Jeffries, and speaker emerita Nancy Pelosi.
The Independent: D-Day – latest: Biden warns world ‘will not surrender to bullies’ as he commemorates 80th anniversary.
President Joe Biden has vowed to not “surrender to the bullies” as he praised D-Day veterans for their bravery at a commemorative event.
The US President addressed the crowd in Ver-sur-Mer, France, on the 80th anniversary of the landings as he promised the 50 countries standing with Ukraine “will not walk away”.
“Make no mistake the autocrats of the world are watching closely to see what happens in Ukraine. To see if we let this illegal aggression go unchecked,” he said.
“To surrender to bullies, to bow down to dictators is simply unthinkable.”
He added: “History tells us freedom is not free. You want to know the price of freedom come here to Normandy to look.”
President Joe Biden and first lady Jill Biden greet a World War II veteran during ceremonies to mark the 80th anniversary of D-Day in Normandy. AP
Yahoo News: D-Day latest: Biden brands Putin ‘tyrant and bully’ in Normandy speech.
US President Joe Biden referred to Vladimir Putin as a ‘tyrant’ and a ‘bully’ in his D-Day commemoration speech, after hailing the ‘resolute’ Second World War troops who fought in Normandy 80 years ago today.
President Biden was among the speakers at an international gathering in northern France to commemorate the June 1944 conflict. Biden recognised the bravery of troops who stormed the beaches in Normandy, before going on to speak about the Ukraine war and how ‘the struggle between dictatorship and freedom is unending’.
Earlier, French President Emmanuel Macron had given France’s highest award, the Legion d’Honneur, to a number of US veterans, while the Danish prime minister said it is our generation’s “responsibility” to stand up to Vladimir Putin.
The New York Times’ Roger Cohen has a special report on D-Day with photos by Laetitia Vancon: D-Day at 80: Veterans of the pivotal battle of World War II are disappearing. Europe, facing new conflict, recalls what their comrades died for.
They were ordinary. The young men from afar who clambered ashore on June 6, 1944, into a hail of Nazi gunfire from the Normandy bluffs did not think of themselves as heroes.
No, said Gen. Darryl A. Williams, the commanding general of United States Army Europe and Africa, the allied soldiers “in this great battle were ordinary,” youths who “rose to this challenge with courage and a tremendous will to win, for freedom.”
In front of the general, during a ceremony this week at Deauville on the Normandy coast, were 48 American survivors of that day, the youngest of them 98, most of them 100 years old or more. The veterans sat in wheelchairs. They saluted, briskly enough. Eight decades have gone by, many of them passed in silence because memories of the war were too terrible to relate.
When the 90th anniversary of D-Day comes around in 2034, there may be no more vets. Living memory of the beaches of their sacrifice will be no more.
“Dark clouds of war in Europe are forming,” General Williams said, as he alluded to allied determination to defend Ukraine against Russian attack. This 80th anniversary of the landings is a celebration, but a somber one. Europe is troubled and apprehensive, extremism eating at its liberal democracies.
For more than 27 months now, there has been a war on the continent that has taken hundreds of thousands of young Ukrainian and Russian lives. Russia was not invited to the commemoration even though the role of the Soviet Red Army in the defeat of Hitler was critical. A decade ago, President Vladimir V. Putin attended. Now he speaks of nuclear war. It is a time of fissuring and uncertainty.
Remembering the fight against Hitler in WWII is so important today, when a criminal and conman has apparently hypnotizes a large portion of the U.S. population. We can’t allow him to end our democracy and turn Europe over to Putin.
Back in the USA, Senate Republicans showed their true colors yesterday in a vote to protect the right to contraception.
CNN: Senate GOP blocks bill to guarantee access to contraception.
Senate Republicans voted Wednesday to block a bill put forward by Democrats that would guarantee access to contraception nationwide, as Democrats seek to highlight the issue in the run up to November’s elections.
The bill – the Right to Contraception Act – would enshrine into federal law a right for individuals to buy and use contraceptives, as well as for health care providers to provide them. It would apply to birth control pills, the plan B pill, condoms and other forms of contraception.
The legislation failed to advance in a procedural vote by a tally of 51 to 39. Most Republicans dismissed the effort as a political messaging vote that is unnecessary and overly broad.
GOP Sens. Lisa Murkowski and Susan Collins crossed over to vote with Democrats in favor of advancing the bill. Schumer switched his vote to a no at the last minute in a procedural move that will allow Democrats to bring the bill back up in the future if they want.
“This is a show vote. It’s not serious,” GOP Sen. John Cornyn of Texas said. “Plus, it’s a huge overreach. It doesn’t make any exceptions for conscience. … It’s a phony vote because contraception, to my knowledge, is not illegal. It’s not unavailable.”
The vote is part of a larger push by Senate Democrats to draw attention to how the Supreme Court’s decision to overturn Roe v. Wade has affected all aspects of reproductive health – not just abortion – as the election draws closer. Democrats are highlighting the issue this month, which marks the two-year anniversary of the high court’s ruling.
“In the coming weeks, Senate Democrats will put reproductive freedoms front and center before this chamber, so that the American people can see for themselves who will stand up to defend their fundamental liberties,” Senate Majority Leader Chuck Schumer said ahead of the vote.
Democratic senators have also introduced a legislative package to establish a nationwide right to in-vitro fertilization, which is expected to come up for a vote as soon as next week.
The Daily Beast: Biden Campaign Names and Shames Republicans Who Voted to Block Contraception Bill.
The Biden campaign posted a video on Wednesday night showing the faces of the 39 senators who voted against the legislation. (Seven Republican senators were not present for the vote.)
“These are the Trump-aligned Republicans who just blocked a bill to protect a woman’s right to contraception,” the campaign tweeted on X….
Ahead of the vote, Schumer said that Senate Democrats would “put reproductive freedoms front and center before this chamber, so that the American people can see for themselves who will stand up to defend their fundamental liberties,” according to the Associated Press.
Polling has consistently shown that there is broad bipartisan support among American voters for contraception, with 92 percent of respondents telling Gallup in 2022 that birth control was “morally acceptable.”
Republicans argued that legislation to enshrine the right to contraception is unnecessary, as it remains freely accessible and available across the country….
But Schumer said in a post-vote speech that “we are kidding ourselves if we think the hard-right is satisfied with overturning Roe,” warning that birth control could be next as reproductive rights continue to be threatened.
“So, make one thing clear: today was not a ‘show vote’ – this was a show-us-who-you-are vote,” he said. “And Senate Republicans showed the American people exactly who they are.”
Recall that after the Dobbs decision, Clarence Thomas stated his desire to overturn the decisions that made contraception, same sex marriage, and sex between same sex partners basic rights–all based on the right to privacy.
Speaking of the right wing SCOTUS justices, last night a former clerk of Samuel Alito appeared on Lawrence O’Donnell’s MSNBC show.
HuffPost: Former Alito Law Clerk ‘Aghast’ After Seeing Jan. 6 Flag Outside His Home, Calls For Recusal.
A former law clerk for Supreme Court Justice Samuel Alito said Wednesday she was shocked after learning two flags affiliated with rioters during the Jan. 6, 2021, insurrection were flown outside his homes, saying she believed he should recuse himself from several cases before the court.
Susan Sullivan, who worked as a clerk while Alito was a judge on the Third Circuit Court of Appeals, spoke to MSNBC’s Lawrence O’Donnell amid the controversy surrounding the flags.
“I was aghast when I saw those photographs because I’ve never known Justice Alito to be anything other than an honorable man, to be a man of integrity,” Sullivan, now a professor at Temple University, told O’Donnell. “It is irrelevant if Mrs. Alito flew it or not. The fact is that flag was there.”
“This is not an insignificant symbol,” she went on. “Irrespective of why it is there, who put it there, it shouldn’t have been there. The problem is that flag is incendiary and it cannot do anything other than raise a reasonable inference of bias.”
Alito has rejected the calls for him to recuse from January 6 related cases.
“I am confident that a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of Supreme Court cases would conclude that the events … do not meet the applicable standard for recusal,” he wrote in a letter to lawmakers last month. “I am therefore required to reject your request.”
Sullivan rejected that claim in the Wednesday interview and an earlier opinion piece in The Philadelphia Inquirer, saying recusal was warranted especially because of the decision before the court.
“[It is] the symbol of these people who attacked the capitol. They support Trump unconditionally,” she said. “So if you have cases before the court that directly relates not just to the former president but to criminal cases that involve that election process…”
“The stakes have never been higher and recusal is, to me, it just defies logic that one would not recuse themselves from a case like this,” Sullivan added. “The stakes are too high.”
Why isn’t Senator Durbin, chair of the Senate Judiciary Committee doing anything to rein in Alito?
Noah Berlansky at Public Notice: Dick Durbin needs to step up and do his damn job.
The Republican-controlled House Judiciary Committee on Tuesday held a lengthy oversight hearing to badger Attorney General Merrick Garland and push the GOP’s false narrative about President Biden weaponizing the DOJ against Donald Trump.
Even though the hearing was conducted in obvious bad faith, it was in some ways successful, at least in the limited sense that Republicans grabbed a lot of headlines and forced Garland to spend a day on the defensive. Virtually every major news outlet it extensive coverage, ranging from the New York Times to MSNBC to Newsmax….
Congressional oversight hearings give Congress a chance to focus the national conversation on what members want to talk about. It gives them a chance to pressure executive branch officials to adopt congressional priorities, or to explain and potentially embarrass themselves.
In contrast, Democrats in the Senate have been bizarrely reluctant to use hearings to advance their agenda. Dick Durbin, chair of the Senate Judiciary Committee, has refused to hold hearings to investigate egregious evidence of Supreme Court Justice Clarence Thomas receiving gifts from far right billionaires, or to demand answers from Alito about his apparent embrace of the insurrection. Instead, he’s posting weak statements on social media meekly calling for right-wing members of the Court to do a better job policing themselves.
Republicans like Jim Jordan are ignorant about a lot of things. But they understand that the gavel is power, and they are not afraid to use it. Senate Democrats need to get over their qualms and, in this instance, behave more like their rivals across the aisle….
Hearings drive narratives. But they can do more than that. Congress has real power to pressure government officials, and hearings are a way to demonstrate and exercise that power.
Read more at Public Notice.
More odds and ends:
The Daily Beast: Hunter Biden Prosecutors Might’ve Already Lost the Jury.
The Hunter Biden trial starting in Wilmington, Delaware, is a poster-child case for potential jury nullification.
Biden, the only surviving son of President Joe Biden, is being tried for possessing a firearm while being a user of illegal drugs or drug addict and for lying about the same on a purchase form when he bought a gun. On the surface, the prosecution—a culmination of more than a half-decade of investigation by Special Counsel David Weiss—would appear to have a slam dunk case because there is no real dispute he bought the gun, or that he had a drug addiction around the time he bought the gun.
The strict definition of jury nullification is when a jury has determined that a defendant is guilty beyond a reasonable doubt—but either rejects the evidence or refuses to apply the law because the jury “wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.”
Mr. and Mrs. Hunter Biden
Let’s be clear. Juries are not supposed to do that. They are supposed to convict if the evidence proves guilt beyond a reasonable doubt and acquit if it doesn’t.
But while the definition of nullification conjures up images of a jury making a social justice-inspired speech in refusing to convict, the reality is quite different because the jury does not need to make such a blatant statement. Rather, the sense that jurors may have of unfairness can be evidenced in an acquittal—despite strong evidence of guilt. (There’s also, of course, the possibility of a hung jury.)
What that means is skilled defense counsel can bring out the factors of unfairness without having to specifically ask a jury to ignore evidence or the law, while skilled prosecutors need to guard against the kind of evidence and testimony that may lead to nullification.
Thus far, the trial is revealing an outmatched prosecution, which has already blundered into a couple of minefields. Defense counsel Abbe Lowell is a seasoned high-profile defense counsel who has defended Ivanka Trump and Jared Kushner and got former presidential candidate John Edwards acquitted on campaign finance charges (brought by then-DOJ lawyer Jack Smith).
In the opening by the Biden defense team, Lowell focused on the requirement that the false statements on the gun ownership form had to be “knowing”—a term that Lowell claimed the prosecution tried to avoid in its opening. The utility of this defense is that it works synergistically with the effects of Biden’s admitted drug addiction affecting his decision-making abilities, as well as necessitating a deep dive into the details of his addiction and the specific timeline of when he was using crack cocaine and his efforts to get clean.
The defense appears to be setting up a defense theory that, on the specific date Biden bought the gun, he genuinely believed he was not an addict because he had just finished an 11-day rehabilitation program.
More at the link.
Alan Feuer at The New York Times: Judge Reshuffles Hearings in Trump Documents Case.
The federal judge overseeing former President Donald J. Trump’s classified documents case abruptly changed the proceeding’s schedule on Wednesday, reshuffling the timing for hearings on an array of important legal issues.
The move by the judge, Aileen M. Cannon, was unlikely to have much impact on the overall trajectory of the case, but it reflected the substantial number of unresolved legal motions she is juggling. Last month, Judge Cannon scrapped the case’s trial date, saying she could not yet pick a new one because of what she described at the time as “the myriad and interconnected” questions she had still not managed to consider.
Judge Cannon kept in place a hearing she had set for June 21 to discuss a motion by Mr. Trump’s lawyers to dismiss the indictment on the grounds that Jack Smith, the special counsel named to oversee the prosecutions of Mr. Trump, was illegally appointed to his job.
Similar motions have been rejected in cases involving other special counsels, including Robert S. Mueller III, who investigated connections between Russia and Mr. Trump’s 2016 campaign, and David C. Weiss, who has brought two criminal cases against Hunter Biden, President Biden’s son.
The most important change Judge Cannon made to the schedule in a brief order was arguably the cancellation of a three-day hearing that had been set to take place starting June 24 in Federal District Court in Fort Pierce, Fla.
The hearing was originally meant to consider whether Mr. Trump’s lawyers should be permitted access to communications between prosecutors working for Mr. Smith and officials at the National Archives and several national security agencies.
Giddy up
The lawyers want those communications to bolster their claims that Mr. Smith worked hand in glove with the Biden administration and members of the so-called deep state to bring the documents case against Mr. Trump.
Prosecutors had objected to holding the proceeding at all, telling Judge Cannon in March that no similar hearings had ever been held in the Southern District of Florida, where she sits. In her order on Wednesday, she said she would place the hearing back on her calendar at some point in the future.
Instead of that hearing, Judge Cannon said there would now be a shorter one, on June 24 and 25, to consider different topics, including any lingering discussion about Mr. Smith’s appointment.
Judge Cannon also told the defense and the prosecution to be ready to debate Mr. Trump’s motion to exclude from the case any evidence — including more than 100 classified documents — that the F.B.I. discovered in August 2022 when agents searched Mar-a-Lago, Mr. Trump’s private club and residence in Florida.
The two sides will argue as well over Mr. Trump’s attempt to suppress the private audio notes that prosecutors obtained from one of his lawyers through a process that pierced the normal protections of attorney-client privilege. The notes by the lawyer, M. Evan Corcoran, were central to the government’s allegations that Mr. Trump had obstructed the government’s repeated efforts to reclaim the classified materials he took to Mar-a-Lago.
Finally, the parties are expected to discuss Mr. Smith’s request to Judge Cannon to alter Mr. Trump’s conditions of release by barring him from making public statements that could endanger F.B.I. agents working on the case.
Aileen Cannon is an expert at causing unnecessary delays without triggering an appeal to the 11th Circuit. If she rules that Jack Smith was illegally appointed, that would be cause for immediate appeal, so she will probably find some way to just waste more time.
Jose Pagliery at The Daily Beast: Trial Lawyer Lost 8 Lbs Skipping Trump’s McDonald’s Courthouse Lunches.
Donald Trump’s lead lawyer says the former president’s seven-week criminal trial in New York took a physical toll—but he still managed to lose weight by skipping Trump’s notoriously unhealthy meals.
Todd Blanche appeared on a podcast, For The Defense, hosted by the attorney David Oscar Markus.
“Was it McDonald’s for lunch every single day, or did you get something else?” Markus asked.
“Oh, no-no-no,” Blanche said. “Well, first of all, I didn’t have lunch one day. I ate in the morning and at night.”
Delivery of McDonalds order for Trump’s courthouse lunch
“Look, President Trump’s team takes care of everybody. Like, everybody gets food. You know, there’s a lot of food. It’s not always McDonald’s. There’s a lot of… variety. There’s pizza, and there’s other non-healthy alternatives to McDonald’s.”
Blanche smiled, turning away from the camera and raising his eyebrows.
“Look, I loved it, because, you know, you come in from lunch, and as you know when you’re on trial, you’re trying to figure out what the heck you’re gonna stuff in your belly with the hour that you have. And we would walk in, and there would just be this, just, plethora of just food everywhere,” he said, gesturing with his hands.
The public got a peek last Thursday, when Donald Trump Jr. posted a TikTok video from what legal teams sometimes call the “war room,” where defendants strategize during breaks. The clip showed Trump Sr. sitting before a half-finished 20-ounce Diet Coca-Cola, an opened bag of Lay’s potato chips, a box of Milk Duds, a Milky Way bar, a theater-sized box of Whoppers malted milk balls, and what appeared to be four Hostess SnoBalls….
Trump’s go-to McDonald’s meal—two Big Macs, two Filet-O-Fish, and a chocolate shake—was first described by close ally Corey R. Lewandowski in a 2017 book, Let Trump Be Trump.
How is it possible that Trump hasn’t had a heart attack by now?
That’s all I have for you today. I hope you’re enjoying your Thursday.
Lazy Caturday Reads: Lying Liars Trump and Alito
Posted: June 1, 2024 Filed under: 2024 presidential Campaign, cat art, caturday, Corrupt and Political SCOTUS, Donald Trump, Joe Biden | Tags: Justice Samuel Alito, Russian reaction to Trump conviction, Ted Kennedy, Threats from Trump supporters, Trump is a felon 6 CommentsHappy Caturday!!
If he were a normal former president, the fact that Trump was convicted of 34 felony counts of falsifying business records by a jury of his peers would be much more shocking. But he is also charged with more serious crimes against the United States–fomenting an insurrection and stealing top secret classified documents and hoarding them in his resort property. And of course, he is charged with trying to overturn the results of the 2020 presidential election in Georgia. We probably won’t know the outcome of those three cases until after the 2024 election, but we can begin to assess the results of the jury verdicts in Manhattan.
From Jason Lange at Reuters: Exclusive: One in 10 Republicans less likely to vote for Trump after guilty verdict, Reuters/Ipsos poll finds.
Ten percent of Republican registered voters say they are less likely to vote for Donald Trump following his felony conviction for falsifying business records to cover up a hush money payment to a porn star, according to a Reuters/Ipsos poll that closed on Friday.
The two-day poll, conducted in the hours after the Republican presidential candidate’s conviction by a Manhattan jury on Thursday, also found that 56% of Republican registered voters said the case would have no effect on their vote and 35% said they were more likely to support Trump, who has claimed the charges against him are politically motivated and has vowed to appeal.
The potential loss of a tenth of his party’s voters is more significant for Trump than the stronger backing of more than a third of Republicans, since many of the latter would be likely to vote for him regardless of the conviction.
Among independent registered voters, 25% said Trump’s conviction made them less likely to support him in November, compared to 18% who said they were more likely and 56% who said the conviction would have no impact on their decision.
The verdict could shake up the race between Trump, who was U.S. president from 2017-2021, and Democratic President Joe Biden ahead of the Nov. 5 election. U.S. presidential elections are typically decided by thin margins in a handful of competitive swing states, meaning that even small numbers of voters defecting from their candidates can have a big impact.
Biden and Trump remain locked in a tight race, with 41% of voters saying they would vote for Biden if the election were held today and 39% saying they would pick Trump, according to the poll, which surveyed 2,556 U.S. adults nationwide.
At the Bulwark, Nicholas Grossman writes: Trump’s Conviction Clarifies Things. In November, voters will know exactly what’s at stake.
IT IS NOW A LEGAL FACT that Donald Trump criminally falsified business records 34 times to cover up his attempt to hide an extramarital sexual affair. He is a convicted felon.
On its own, this would be one of the biggest scandals in presidential history. Public revelation of an affair with no connection to a crime ended Gary Hart’s presidential campaign in 1987. President Bill Clinton got impeached in 1998 and subsequently disbarred for committing the crime of perjury to cover up his affair with Monica Lewinsky. Trump’s hush-money fraud scandal is at least on par with that, and arguably worse, since his crimes occurred during a presidential campaign, rather than in the middle of a re-elected president’s second term. And that’s before noting that Trump has also been found liable for sexual abuse (and repeated defamation) in separate court proceedings involving a different woman, E. Jean Carroll, also on its own one of the biggest presidential scandals ever.
Woody in the garden, by Celia Pike
These scandals look trivial only in comparison to Trump’s even bigger crimes: conspiring to defraud the United States out of its presidential election results in 2020; and stealing, retaining, and exposing high-level national security secrets after leaving office. Trump faces federal charges for both of those, as well as additional state charges in Georgia relating to his post-defeat actions, but none of these cases will conclude, or perhaps even start, before this November’s election.
That’s why his Manhattan conviction is such a big deal. Trump is running for president to put himself above the law, and if he wins, it will cause democratic backsliding in the United States like that in Turkey, Hungary, India, and elsewhere. With only accusations and indictments against Trump, less invested voters could chalk it up to the he-said/she-said mudslinging of politics, but a jury conviction makes the stakes clearer. And the news is big enough to penetrate information bubbles, so the sort of voters who pay little attention to politics but end up deciding elections will hear about it….
There is no indication so far that this criminal conviction will get anyone to vote for Trump who wasn’t already planning to.
Grossman notes that we haven’t seen any big protests or political violence from right wingers following the verdict so far. But of course Trump and his gang are already lying about what happened.
AS SOON AS THE JURY ANNOUNCED its verdict, Trump, Republicans, and right-wing media began to lie about the trial—of course. They’ve engaged in the absurd doublethink of claiming Trump couldn’t possibly get a fair look from a jury of New Yorkers because everyone there hates him, just a few days after claiming Trump is so loved in New York that his rally in the Bronx had over 25,000 attendees (it was probably a tenth of that). They have attacked the judge, prosecutors, and the judicial system itself. If they can find out their names, they’ll probably attack members of the jury—hopefully just with words.
But the fact of the conviction is too big to deny. In that way, it’s like COVID and the 2020 election. Trump could distort public understanding of what was happening, but his early-2020 lies that COVID was nothing to worry about couldn’t overcome the medical reality. Since leaving office, he’s gotten the Republican party on board with his big election lie—but no matter how many Republicans falsely claim Trump was unfairly cheated, no matter how much fan fiction QAnon conspiracy theorists create, Joe Biden is now president and Donald Trump is not.
Still, Trump will presumably appeal his Manhattan conviction, and there’s almost no chance the legal process will end before the election. Even with the conviction, Trump can legally run for president and Americans can vote for him if they want.
There have been threats, of course. At NBC, Ryan J. Reilly reports on Trump fans’ efforts to attack members of the Manhattan jury: Trump supporters try to doxx jurors and post violent threats after his conviction.
The 34 felony guilty verdicts returned Thursday against former President Donald Trump spurred a wave of violent rhetoric aimed at the prosecutors who secured his conviction, the judge who oversaw the case and the ordinary jurors who unanimously agreed there was no reasonable doubt that the presumptive Republican presidential nominee falsified business records related to hush money payments to a porn star to benefit his 2016 campaign.
Advance Democracy, a non-profit that conducts public interest research, said there has been a high volume of social media posts containing violent rhetoric targeting New York Judge Juan Merchan and Manhattan District Attorney Alvin Bragg, including a post with Bragg’s purported home address. The group also found posts of the purported addresses of jurors on a fringe internet message board known for pro-Trump content and harassing and violent posts, although it is unclear if any actual jurors had been correctly identified.
The posts, which have been reviewed by NBC News, appear on manyof the same websites used by Trump supporters to organize for violence ahead of the Jan. 6, 2021, attack on the Capitol. These forums were hotbeds of threats inspired by Trump’s lies about the 2020 election, which he lost, and that the voting system was “rigged” against him. They now feature new threats echoing Trump’s rhetoric and false claims about the hush money trial, including that the judicial system is now “rigged” against him.
“Dox the Jurors. Dox them now,” one user wrote after Trump’s conviction on a website formerly known as “The Donald,” which was popular among participants in the Capitol attack. (That post appears to have been quickly removed by moderators.)
“We need to identify each juror. Then make them miserable. Maybe even suicidal,” wrote another user on the same forum. “1,000,000 men (armed) need to go to washington and hang everyone. That’s the only solution,” wrote another user. “This s— is out of control.”
“I hope every juror is doxxed and they pay for what they have done,” another user wrote on Trump’s Truth Social platform Thursday. “May God strike them dead. We will on November 5th and they will pay!”
“War,” read a Telegram post from one chapter of the Proud Boys, the far-right group whose former chair and three other members were convicted of seditious conspiracy because of their actions at the Capitol on Jan. 6, just a few months after Trump infamously told the group to “stand back and stand by“ during a 2020 debate.
“Now you understand. To save your nation, you must fight. The time to respond is now. Franco Friday has begun,” another Proud Boys chapter wrote, apparently referring to fascist dictator Francisco Franco of Spain.
One Jan. 6 defendant who already served time in prison for his role in the Capitol attack also weighed in on X, posting a photo of Bragg and a photo of a noose. “January 20, 2025 traitors Get The Rope,” he wrote, referring to the date of the next presidential inauguration.
At The Daily Beast, Kremlin watcher Julia Davis reports that “Putin Pals” are upset about the verdict: Visibly Distressed Putin Pals Shaken Up by Trump Verdict.
Russian state-controlled media apparatus closely followed the legal troubles of former U.S. President Donald J. Trump, spicing up most of their coverage with pro-Trump clips from Fox News and Tucker Carlson. Russian propagandists were openly hoping for a hung jury and were visibly disappointed when Trump became a convicted felon on all 34 charges he was facing.
On Friday morning, Dmitry Kulikov, host of Solovyov Live, the self-described “most patriotic channel” in Russia, said on-air, “They wronged our Donald Trump!” Malek Dudakov, a political scientist who specializes in America, said that the hope for a miracle—meaning a hung jury—was extinguished. He said, with Russia’s affectionate middle name usage, “The miracle did not happen. Our Donald Fredovych was found guilty on all 34 counts.” For that, Dudakov blamed the judge and the jury and baselessly claimed that all of them were prejudiced against Trump. “Now, he is a felon,” he surmised, while also noting that the former president’s incarceration as a result of this conviction is unlikely.
Dudakov expressed hope that despite his legal troubles, Trump would still win in the upcoming presidential election. Kulikov and Dudakov jointly echoed Tucker Carlson’s assertions that their preferred candidate will prevail, “unless desperately panicked Democrats will organize an assassination of Donald Fredovych.” They expressed hope that Biden—not Trump—would die before the elections.
Similar reactions reverberated across Russian media outlets. Appearing on a state TV show 60 Minutes Friday morning, State Duma member Aleksei Zhuravlyov opted to discuss Trump’s conviction before addressing other bad news Russia is facing, with Western governments broadly signing off on Ukraine’s right to defend itself by striking Russia on its own turf. Zhuravlyov said he would address this “escalation” later and started with his rant against America for turning Trump into a felon.
Mischaracterizing the prosecution by describing it as “a lawsuit brought by Stormy Daniels,” host Olga Skabeeva chimed in and described Trump as “a former and potentially future U.S. president.” She surmised that the situation is too ridiculous for words and keeps escalating on every front. Skabeeva complained that earlier predictions of a hung jury did not come true, bitterly adding in perfect English, “Shit happens.”
At The New York Times, Reid J. Epstein and Nicholas Nehamas report on the Biden campaign’s reaction to the guilty verdicts: Hopeful Yet Cautious, Biden’s Team Aims to Exploit Trump’s Conviction.
For more than a year, President Biden has sought to cast the 2024 election not as a referendum on his four years in office but on whether voters want to return Donald J. Trump to office after a first term in which he undermined abortion rights, democracy and the rule of law.
Now, Mr. Trump’s guilty verdict on all 34 counts in his hush-money trial on Thursday has given Mr. Biden’s campaign a fresh way to frame the race: a stark choice between someone who is a convicted felon and someone who is not.
Mr. Trump’s conviction could well shake up U.S. politics, serving as a convening moment that cuts through a fragmented news media ecosystem even if it does not change pessimism about inflation and the cost of living. Mr. Trump has led many polls, with voters holding dim views of Mr. Biden’s stewardship of the economy, the southern border and foreign wars.
The Manhattan jury’s verdict is likely to focus attention on Mr. Trump in a way that Mr. Biden’s supporters have long hoped it would. Even if Mr. Biden does not directly affix the title “felon” to his rival, scores of his allies are planning to do so in their communications about Mr. Trump through the end of the campaign.
“Donald Trump is a racist, a homophobe, a grifter and a threat to this country,” said Gov. J.B. Pritzker of Illinois, a top Biden surrogate and an influential billionaire donor for Democratic causes. “He can now add one more title to his list — a felon.”
Mr. Biden has to this point said virtually nothing about the New York case against Mr. Trump or any of the other three criminal indictments he faces, trying to stay above the fray as his rival baselessly claims that Mr. Biden orchestrated the charges. And the White House demurred after the verdict: “We respect the rule of law, and have no additional comment,” said Ian Sams, a spokesman for the White House Counsel’s Office.
The Biden campaign was less circumspect. Its aides tried to tie the verdict to the choice voters will face in November.
“Donald Trump has always mistakenly believed he would never face consequences for breaking the law for his own personal gain,” said Michael Tyler, the campaign’s communications director. “Convicted felon or not, Trump will be the Republican nominee for president.”
At CNN, Daniel Dale fact-checked Trump’s rambling, stream-of-consciousness post-conviction “news conference”: Fact check: Trump’s post-conviction monologue was filled with false claims.
Former President Donald Trump said he was going to hold a “press conference” on Friday in the wake of his Thursday conviction in Manhattan on felony charges of falsifying business records.
Instead, Trump delivered a rambling monologue that was filled with false claims on subjects ranging from the Manhattan trial to immigration to tax policy.
Here is a fact check of some of the inaccurate or unsubstantiated claims he made.
Some excerpts:
Crime in NYC:
Trump repeated his familiar claim that, while Manhattan prosecutors have been focusing on him, New York City has been experiencing record-high violent crime. He said this time that “you have violent crime all over this city at levels that nobody’s ever seen before.”
Facts First: Trump’s claim is not even close to true. Violent crime in New York City – and violent crime in Manhattan in particular – has plummeted since the early 1990s and is today nowhere near record levels.
New York City recorded 391 murders in 2023, down about 83% from the 2,262 in 1990; 1,455 rapes in 2023, down about 53% from the 3,126 in 1990; and 16,910 robberies in 2023, down about 83% from the 100,280 in 1990.
Michael Cohen’s crimes
Criticizing key prosecution witness Michael Cohen, Trump repeated a claim he made during the trial in April. He asserted that Cohen, his former lawyer and fixer, “got into trouble not because of me” but because of “outside deals” and “something to do with taxicabs and medallions, and he borrowed money, and that’s why he went.” He added that Cohen pleaded guilty to campaign finance violations to try to get himself a lighter penalty.
Trump continued: “He got in trouble for a very simple reason: because he was involved with borrowing a lot of money and he did something with the banks – I don’t know, defrauded the banks, but something happened.”
Black cat in Klimt’s garden
Facts First: Trump’s claim that Cohen got into trouble simply because of his non-Trump-related activities, such as those related to taxis and loans, is not true. First, Cohen’s case was referred to federal prosecutors in New York by the special counsel, Robert Mueller, who was appointed to investigate any connections between the Trump campaign and Russia. Second, Cohen’s three-year prison sentence in 2018 was for multiple crimes, some of which were directly related to Trump.
Most notably, Cohen was sentenced for campaign finance offenses connected to a hush money scheme during the 2016 presidential campaign to conceal Trump’s alleged extramarital relationships – the same hush money scheme that was central to this prosecution against Trump. Cohen was also sentenced to two months in prison, to run concurrently with the three-year sentence, for lying to Congress in 2017 in relation to previous talks about the possibility of building a Trump Tower in Moscow, Russia, including about the extent of Trump’s involvement in the aborted Moscow initiative and about when in 2016 the discussions ended. (The discussions continued into June 2016, the month after Trump became the presumptive Republican nominee, and did not conclude in January 2016 before the first votes were cast, as Cohen had claimed.)
There’s much more at the CNN link.
I’ve been posting quite a bit about Samuel Alito’s flag scandal. I have a couple of follow-ups to share on that.
Andrew Gumbel at The Guardian: Neighbors say Alitos used security detail car to intimidate them after sign dispute.
Neighbors of Samuel Alito and his wife described how a disagreement over political lawn signs put up in the wake of the 2020 presidential election quickly devolved into “unhinged behavior towards a complete stranger” by the supreme court justice’s wife.
Emily Baden says she never intended to get into a fight with Alito and his wife, Martha-Ann, her powerful neighbors who live on the same suburban cul-de-sac as her mother outside Washington DC.
Then a large black car, part of the Alitos’ security detail, started parking in front of her mother’s house instead of theirs, and Baden understood the perils of being an ordinary citizen going up against one of the most powerful men in the country.
The two sides do not agree on much, but Baden, a staunch liberal, and Martha-Ann Alito, a staunch conservative, concur that they began exchanging words in late 2020, almost two months after Joe Biden’s election victory over Donald Trump. Soon after, according to Baden, the Alitos’ security detail began parking a car directly in front of her mother’s house – several houses down from its usual spots either directly in front of the Alitos or across the street from them.
“This happened a handful of times,” Baden now recalls. “I took that as directly threatening.”
Baden and her husband both say that the security detail’s car showed up in front of her mother’s house again two weeks ago, after the New York Times broke the story about an upside-down American flag hanging on the Alitos’ flagpole in the days before Biden’s inauguration – a symbol associated with the January 6 insurrection that sought to prevent Biden from taking office at all.
Baden was no longer living with her mother by that point – she is now a mother herself and living on the west coast. Neither she nor her mother were mentioned by name in the initial Times story. Still, she found the message that this sent disturbing.
“I couldn’t say who was in the car because of the tinted glass, and nobody ever said anything. I took it as a general threat,” she said. “The message was, we could do terrible things to you, and nobody would be able to do anything about it. When it comes to justices at the supreme court, they make the laws, but the laws don’t apply to them.”
Creepy.
David Masciotra at The New Republic: Ted Kennedy Warned Us About Samuel Alito. He Was Ignored.
Alito’s hard-right ideology, and his shameless lack of ethics, were obvious when he was nominated by President George W. Bush in 2005. A few Democratic senators sounded the siren, but the mainstream media, even its so-called “liberal” mainstays, largely ignored the warnings, unwittingly cooperating with an elite, right-wing operation to install a dishonest, partisan extremist on the highest court of the country.
Cats in the garden, by Anne Parker
As The New York Times reported on the eve of Alito’s confirmation in 2006, his placement on the court was the “culmination” of an effort that began during the Reagan administration to staff the judiciary with ideologues of the religious right. Conservatives also deployed an adroit media strategy to temper, silence, and even disparage any attempt to criticize Alito during the nomination hearings. Public relations specialists and legal experts, coordinating on behalf of the Federalist Society, Christian organizations like Focus on the Family, and Republican senators, helped to sell Alito to the Senate, the media, and the public—even before his nomination. “We boxed them in,” one lawyer who participated in the meetings told the newspaper, presumably referring to the Senate and the mainstream media.
Early in the Alito nomination fight, Democrats uncovered a memo the judge wrote while he was working for the Reagan administration in 1985 that articulated his opposition to legal abortion. He advised against waging a “frontal assault on Roe” only because such a maneuver would prove politically unpopular, and instead advocated for a steady demolition of access to reproductive health care at the state level. Until the 2022 Dobbs decision overturning Roe, the Alito playbook is exactly what many Southern and heartland states followed to make abortion all but impossible within their borders.
The memo did not stop Alito from lying to the late Senator Edward Kennedy, whose diary revealed that, while meeting privately in Kennedy’s office, Alito assured him that he would never vote to overturn Roe. Unlike Republican Senator Susan Collins, who believed the same lie from Brett Kavanaugh and Amy Coney Barrett, Kennedy was not gullible enough to vote in favor of Alito’s confirmation.
Read more at the TNR link.
That’s all I have for you today. Have a great summer weekend!
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