“So it begins, a proud moment in our history. Another trump first. MAGA.” John Buss @repeat1968
Good Day, Sky Dancers!
I’m moving a little slow today. I woke up to Temple snuggled utterly beside me. She usually sleeps down by my feet. She stood up, looking like she was trying to assume the position, then darted off the bed. Fortunately, she got down there. I spent the wee hours of the morning cleaning up the floor. She seemed much better when we went for our morning walk, but dawn is always too early for me. I’m used to lecturing and gigging at night.
I did check the phone. BB had texted me this. It totally changed my thoughts about what I share with you today. Of course, I’d planned on covering one of the most historical trials in history, and we’ll get to that. I’m not sure this excitement will start until after the jury is seated. However, it’s Trump, and who knows what the overgrown toddler will do. So, back to the matter at hand. This is from Vox’s Ian Millihiser. “The Supreme Court effectively abolishes the right to mass protest in three US states. It is no longer safe to organize a protest in Louisiana, Mississippi, or Texas.”
So, forced birth advocates can do whatever shenanigans they want and be protected by some warped take on religious freedom and freedom of speech. The rest of us may be liable for things others did that take away our freedom and strip us of all our assets. This is from Ian’s analysis.
Under that lower court decision, a protest organizer faces potentially ruinous financial consequences if a single attendee at a mass protest commits an illegal act.
It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South.
For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016.
The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”
Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock.
Indeed, as Justice Sonia Sotomayor points out in a brief opinion accompanying the Court’s decision not to hear Mckesson, the Court recently reaffirmed the strong First Amendment protections enjoyed by people like Mckesson in Counterman v. Colorado (2023). That decision held that the First Amendment “precludes punishment” for inciting violent action “unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”
The reason Claiborne protects protest organizers should be obvious. No one who organizes a mass event attended by thousands of people can possibly control the actions of all those attendees, regardless of whether the event is a political protest, a music concert, or the Super Bowl. So, if protest organizers can be sanctioned for the illegal action of any protest attendee, no one in their right mind would ever organize a political protest again.
Demonstrators marching in the street holding signs during the March on Washington, 1963 [Source: Library of Congress]
The case is one with which the justices were already familiar. In 2019, the U.S. Court of Appeals for the 5th Circuit allowed the officer’s lawsuit to go forward. Mckesson then appealed to the Supreme Court, where he argued that the lawsuit against him was barred by the First Amendment and the Supreme Court’s 1982 decision in NAACP v. Claiborne Hardware Co., which limited the NAACP’s liability for a nonviolent protest that it organized.
In November 2020, the court sent the case back to the 5th Circuit with instructions to seek guidance from the Louisiana Supreme Court on whether state law would in fact allow Mckesson to be held liable.
After the Louisiana Supreme Court issued an opinion indicating that, under the facts alleged by the officer, a protest leader could be sued for negligence, a divided 5th Circuit issued a new opinion allowing the lawsuit to go forward. Doe had alleged, the majority wrote, that Mckesson had “organized and directed the protest in such a manner as to create an unreasonable risk that one protester would assault or batter” the officer.
Judge Don Willett dissented from the panel’s ruling. He agreed that Doe “deserves justice” and should be able to sue the person who actually injured him. But he rejected the idea that Doe can sue Mckesson, arguing that the theory on which the majority relied was “foreclosed — squarely — by the Constitution and Supreme Court precedent.”
Mckesson returned to the Supreme Court last fall, asking the justices to weigh in. But after considering the case at seven consecutive conferences, the justices denied review.
Justice Sonia Sotomayor penned a statement regarding the court’s decision to deny review. She noted that since the court of appeals issued its decision, the Supreme Court in Counterman v. Colorado “made clear that the First Amendment bars the use of an objective standard like negligence for punishing speech, and it read Claiborne and other incitement cases as demanding a showing of intent.” Because the Supreme Court may turn down cases “for many reasons,” Sotomayor stressed, the denial of review in Mckesson’s case “expresses no review about the merits of” his claim. Moreover, she added, the court of appeals should “give full and fair consideration to arguments regarding Counterman’s impact in any future proceedings in this case.”
Demonstrator at the Vietnam Moratorium, 1969 [Source: Library of Congress]
Evidently, the right-wing judges in the case fear protestors at their steps more than they truly believe in the intent of the Bill of Rights. It also makes me wonder about the protests on January 6. Does this mean that everyone there can be sued for the resulting damage? I guess I’m just going to have to wait to hear the legal minds talk about it on the News tonight. They’re already on overtime given the start of the Stormy Daniels Hush Money Case today.
Repeating complaints he has made for months, Trump argued that Judge Juan Merchan is corrupt and the charges against him are political in nature and baseless, and he dubbed the entire effort a “witch hunt.”
“The Radical Left Democrats are already cheating on the 2024 Presidential Election by bringing, or helping to bring, all of these bogus lawsuits against me, thereby forcing me to sit in courthouses, and spend money that could be used for campaigning, instead of being out in the field knocking Crooked Joe Biden, the WORST President in the History of the United States,” he wrote in one early morning Truth Social post. “Election Interference!”
Trump’s criminal hush money trial will start jury selection Monday in Manhattan, where prosecutors claim the former president illegally covered up payments made to hide a previous affair during the closing days of the 2016 presidential campaign.
Trump also again denounced the gag order placed against him, which was expanded after he berated Merchan’s wife and daughter in prior social media posts.
“I want my VOICE back. This Crooked Judge has GAGGED me. Unconstitutional!” Trump wrote. “The other side can talk about me, but I am not allowed to talk about them! Rigged Trial!”
It is unclear if Trump will testify during the trial, though he is expected to attend it in person, including Monday’s session.
As the first criminal trial of an American president headed toward jury selection on Monday, the judge overseeing the case against Donald J. Trump once again declined to step aside, and prosecutors sought to punish the former president for possibly violating a gag order.
Before beginning the arduous process of choosing a jury for the landmark trial — on allegations that Mr. Trump falsified documents to cover up a sex scandal involving a porn star — the judge announced his decision to remain on the case, rejecting Mr. Trump’s latest effort to oust him.
Michael Tomasky has this delightful headline at The New Republic. “We May Finally Get to Write: “Convicted Felon Donald Trump.” The former president’s lawlessness has dodged many an obstacle over the years, but he’s facing a new challenge now: a jury of his peers.” Tomasky asks my favorite question, and I am paraphrasing. How the fuck does Trump get away with all of this continually?
We’re finally here. This week, Donald Trump will sit in a courtroom and face criminal charges. The courtroom has not been kind to Trump this year: A Manhattan jury found the Trump Organization guilty on 17 counts of tax fraud last December, and E. Jean Carroll won that hefty judgment against Trump for sexual abuse, but these were civil proceedings. So mark this down as the week the criminal justice system finally managed to haul Trump before the bar of justice.
The only real question here is why this took so long. It’s not as if it wasn’t obvious in 2015 that Trump had total contempt for the law. That was easy for all to see. How has he gotten away with it for this long?
It’s partly due to an utterly docile Republican Party, whose leaders know very well that Trump’s a brigand but are afraid to say so. It’s partly Trump’s reliance on an old Roy Cohn legal strategy—delay, deny, accuse the other side of what you yourself have done, conjure up totally fictional defenses that should be laughed out of court but at least slow down the proceedings. And conservative judges have played their role, such as Aileen Cannon and the U.S. Supreme Court.
But crucially, this is also a media story—more precisely, it’s the story of our two medias, the mainstream and the right-wing. The mainstream media have consistently held Trump to a lower standard of behavior than other politicians, and the right-wing media have held him to no standard of behavior, making excuses for everything.
It’s so important to understand this phenomenon. We have two medias in this country. One wakes up every morning looking for a fight, and the other, with some exceptions, wakes up every morning looking for nuance and rationalizations. It’s a huge part of the story of how we got here.
Take this now completely forgotten tale from the very early days of the Trump administration. On January 24—Trump’s fourth day in office—then–national security adviser Mike Flynn was interviewed by the FBI about his Russia connections. On January 26 and 27, Sally Yates of the Justice Department told the White House about her department’s suspicions about Flynn.
That same night of January 27—the first week of his presidency—Trump had dinner with then–FBI director James Comey. The FBI was investigating Flynn. It was also, we learned shortly thereafter, investigating Trump’s 2016 campaign.
What was said at that dinner? We don’t know everything, but that May, Trump admitted that he asked Comey if he, Trump, was under investigation. The mere asking of the question, as Lawrence Tribe said at the time, was a high crime and misdemeanor—an attempt to intimidate and to obstruct justice.
That should have launched a congressional investigation at the very least. But the Republicans controlled the House at the time, so that wasn’t going to happen. In fact, then-Speaker Paul Ryan came out and called Comey compromised, backing Trump all the way.
And the media? Oh, it was a story all right, I wouldn’t deny that it was. But while I haven’t done a content analysis, I’d bet you that Bill Clinton’s tarmac visit with Loretta Lynch inspired more outrage in both medias than this episode did. Naturally, I’m not defending what Clinton did. But he was an ex-president with no power over Lynch. Trump was the sitting president will all power over Comey—which he exercised that May by firing him.
This is one of dozens of examples in which Trump flagrantly violated norms and standards. It made a little stink for a moment or two, but it eventually faded away, quietly departing the front pages, blending into the blurry background of half-remembered Trumpian lies and outrages that have proven to be too numerous for the media watchdogs to actually keep track of, leaving one feeling overwhelmed.
That’s why this week is different. This, finally, is a court of criminal law. There will be facts submitted for the record. There will be testimony, under oath. And eventually, in an estimated six weeks or so, there will be a verdict from a jury of Trump’s peers.
Let’s hope just does, in fact, prevail. I’m not a lawyer, so I must listen to them. However, I should know about equities, as I’ve never seen anything like this before.
I have no words about this last move on DJT stock other than, what is wrong with NASDAQ and the people holding this stock? It already has a negative P/E ratio, and you want to further decimate shareholder value? At the very least, it’s unethical, but is this legal? This is from CNBC. Kevin Breuninger has the analysis. “Trump Media shares plunge more than 15% after company files to issue additional DJT stock.” This plan sounds fishy and appears based on allowing Trump to cash out when allowed. The use of warrants here is legal but off. People need to dump this stock quickly and learn a lesson or fifty.
Shares of Trump Media plunged more than 15% on Monday after the company filed to issue millions of additional shares of stock.
Trump Media’s dramatic slide came as Donald Trump sat in a Manhattan courtroom for the start of his criminal trial on hush money-related charges. Trump is the majority stakeholder in the company.
Trump Media, which created the Truth Social app and trades under the stock ticker DJT on the Nasdaq, fell nearly 20% last week.
Since the company began public trading on March 26, its share price has fallen more than 62%, from an opening price of $70.90 that day down to around $27 on Monday.
As a result, its market capitalization has been slashed by nearly $6 billion, leaving it at around $3.7 billion as of Monday.
The company’s intent to issue more common stock was disclosed in a preliminary prospectus filed with the Securities and Exchange Commission.
The shares cannot be issued until a registration statement with the SEC takes effect.
The filing describes a plan to offer more than 21.4 million shares of common stock, issuable “upon the exercise of warrants,” the filing shows. Stock warrants give their holder the ability to buy shares at a predetermined price within a certain time frame.
Trump Media predicted in the filing that it will receive “up to an aggregate of approximately $247.1 million from the exercise of the Warrants.”
The closing price of Trump Media’s warrants was $13.69 as of Friday, according to the filing. The warrants are being traded on the Nasdaq under the ticker “DJTWW.” That ticker was down more than 8% as of 11 a.m. ET.
The company also seeks to offer the resale of up to 146.1 million shares of stock from “selling securityholders,” 114.8 million of which are held by Trump himself. Trump owns 78.8 million shares of the company, and stands to obtain 36 million “earnout shares” if the stock stays above $17.50 for enough trading days.
Trump’s current stake in the company — nearly 60% of its shares — was worth more than $2.2 billion at Monday morning’s share price. Trump is not allowed to sell his shares until a six-month lockup period expires.
So, another week under the glare of the Orange Crashing Meteor. Please let all of this end so we can return to being the country we should be.
What’s on your reading and blogging list today?
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Katsushika Hokusai, A view of Mt Vesuvius with fat cats
Happy Caturday!!
Today’s cat art comes from Svetlata Petrova’s Fat Cat Art website. As you probably recall, Petrova inserts her now deceased orange cat into famous works of art.
As if we didn’t have enough to worry about in the Middle East, it appears there’s a danger of open conflict between Israel and Iran. Here’s the latest.
DUBAI, April 13 (Reuters) – Iran’s Revolutionary Guards seized an Israeli-linked cargo ship in the Strait of Hormuz on Saturday, days after Tehran said it could close the crucial shipping route and warned it would retaliate for an Israeli strike on its Syria consulate.
Iran’s state-run IRNA news agency reported that a Guards helicopter had boarded and taken into Iranian waters the Portuguese flagged MSC Aries, saying it was linked to Israel.
MSC, which operates the Aries, confirmed Iran had seized the ship and said it was working “with the relevant authorities” for its safe return and the wellbeing of its 25 crew.
MSC leases the Aries from Gortal Shipping, an affiliate of Zodiac Maritime, Zodiac said in a statement, adding that MSC is responsible for all the vessel’s activities. Zodiac is partly owned by Israeli businessman Eyal Ofer.
Video on Iranian news channels purporting to show the seizure included a figure abseiling from a helicopter on to a ship. Reuters was able to verify that the ship in the video was the MSC Aries but not the date it was recorded.
The incident comes amid rising regional tensions since the start of Israel’s campaign in Gaza in October, with Israel or its ally the United States clashing repeatedly with Iranian-aligned groups in Lebanon, Syria, Iraq and Yemen.
Iran has threatened to retaliate for suspected Israeli airstrikes on its consulate in Syria’s capital Damascus on April 1 that killed seven Revolutionary Guards officers including two senior commander
A bit more from NBC News:
The move could escalate tension in a region reeling from the war in Gaza and a recent strike, suspected to have been carried out by Israel, that killed senior Iranian military officers. Since Hamas’ Oct. 7 deadly terror attack and mass hostage taking and Israel’s subsequent fullscale assault on the Gaza Strip, more than 33,000 people have died and 75,000 others have been injured.
Van Gogh’s The Siesta, with fat cats
And attacks by Iran-backed Houthi militants on ships in the Red Sea have already rocked global trade as several major shipping lines and oil transporters suspended their services through the waterway.
As companies avoid the Suez Canal, which feeds into the Red Sea, and opt instead to go around Africa to get to the Indian Ocean, it can add up to 14 days to a shipping route, incurring higher fuel costs. And since ships take a longer time to get to their destinations, delays in container and commodity deliveries are inevitable.
IRNA stated that the Portuguese-flagged ship was operated by the Zodiac shipping company, which is part of Israeli billionaire Eyal Ofer’s Zodiac Group. Zodiac said in a statement that the ship is managed and operated by the U.K.-based shipping company, MSC, which confirmed on Saturday that the MSC Aries has been “boarded by Iranian authorities via via helicopter.” The shipping company also said there were 25 crew members onboard and that it is working with “relevant authorities” to ensure their safety….
The United Kingdom Maritime Trade Operations (UKMTO) agency said on X that the MSC Aries had been seized 50 nautical miles northeast of the Fujairah, an area close to the Strait of Hormuz that forms the entrance to the Persian Gulf.
The Biden administration is using every diplomatic and military tool to contain what officials expect will be an imminent Iranian reprisal attack against Israel — in the hope that U.S. pressure can keep the conflict from escalating into a regionwide catastrophe.
Call it “the guns of April.” Though this is hardly a conflagration on the order of World War I, it’s a moment that eerily evokes the dynamics of summer 1914, when a war that every power sought to avoid suddenly appeared inevitable, with consequences that no one could predict. Officials hope that any exchange between Iran and Israel will be short and contained — and won’t draw in other powers. But they truly don’t know what’s ahead.
President Biden said on Friday that he expects that Iran will strike Israel “sooner [rather] than later” in retaliation for an April 1 attack that killed seven Quds Force operatives in Damascus, Syria. U.S. intelligence has observed signs of Iranian preparation for attack, sources said, and the expectation on Friday was that the strike could happen within 24 to 48 hours. Biden’s message to Tehran was: “Don’t.”
Long Way Home at Andrew Wyeth’s Christina’s World
The United States is moving on two tracks to steer this crisis away from what could be a devastating cycle of escalation. On the military front, the United States and Israel are both stressing defenses that could neuter an Iranian attack. But if Iran or its proxies succeed in a major strike, Israeli and U.S. officials have warned that it could trigger an offensive spiral that might eventually involve the United States.
Israel has the best air-defense system in the world, and U.S. officials hope the Israelis could shoot down Iranian drones, cruise missiles or ballistic missiles — the three most likely forms of attack. Israel’s defense will be supplemented by antimissile systems on U.S. destroyers that have been rushed to the region, as well as an aircraft carrier and other forces that are already there.
The Biden team warned Iran this week about the danger of overreaching, in messages sent through the Swiss Embassy in Tehran. Administration officials also asked diplomats from China, Saudi Arabia, the United Arab Emirates, Qatar and Iraq to pass the same signal to Iranian leaders.
A bit more:
The Iranians have responded through the Swiss, as recently as Wednesday, that they don’t want a confrontation with the United States. Tehran has sent the same message through China and other nations that have been passing messages.
“Iran has to respond, but it will be contained,” is how one source described the Iranian messages that have been sent through diplomatic channels. But U.S. officials worry that these reassurances might not be reliable — and that once direct conflict begins, it could move in unpredictable and dangerous ways.
The tension within the administration was palpable Friday as the window opened for expected Iranian action. The wider war that the White House has sought to avoid since Hamas’s Oct. 7 terrorist attack and Israel’s devastating response seemed possible within hours. “Praying that things stay calm,” one Israeli official messaged me.
This is not good.
Here in the U.S., we are still dealing with narcissistic psychopath Trump and his Republican supporters in the House. Speaker Mike Johnson is refusing to bring Ukraine military aid to a vote and increasing the danger that Russia will crush Ukraine and move to attack other European countries.
The former commander of the UK’s Joint Forces Command has warned that Ukraine could face defeat by Russia in 2024.
General Sir Richard Barrons has told the BBC there is “a serious risk” of Ukraine losing the war this year.
The reason, he says, is “because Ukraine may come to feel it can’t win”.
“And when it gets to that point, why will people want to fight and die any longer, just to defend the indefensible?”
Ukraine is not yet at that point.
But its forces are running critically low on ammunition, troops and air defences. Its much-heralded counter-offensive last year failed to dislodge the Russians from ground they had seized and now Moscow is gearing up for a summer offensive.
So what will that look like and what are its likely strategic objectives?
“The shape of the Russian offensive that’s going to come is pretty clear,” says Gen Barrons.
“We are seeing Russia batter away at the front line, employing a five-to-one advantage in artillery, ammunition, and a surplus of people reinforced by the use of newish weapons.”
These include the FAB glide bomb, an adapted Soviet-era “dumb bomb” fitted with fins, GPS guidance and 1500kg of high explosive, that is wreaking havoc on Ukrainian defences.
Scene from Hieronymus Bosch’s Temptation of St. Anthony
“At some point this summer,” says Gen Barrons, “we expect to see a major Russian offensive, with the intent of doing more than smash forward with small gains to perhaps try and break through the Ukrainian lines.
“And if that happens we would run the risk of Russian forces breaking through and then exploiting into areas of Ukraine where the Ukrainian armed forces cannot stop them.”
But where?
Last year the Russians knew exactly where Ukraine was likely to attack – from the direction of Zaporizhzhia south towards the Sea of Azov. They planned accordingly and successfully blunted Ukraine’s advance.
Now the boot is on the other foot as Russia masses its troops and keeps Kyiv guessing where it is going to attack next.
Russian Forces are deploying a new, long-range cruise missile, known as the Kh-69, as it steps up attacks on Ukraine’s energy infrastructure.
The Washington DC-based think tank, the Institute for the Study of War (ISW), noted in its Friday report that the new air-to-surface missiles were part of Russia’s “continued efforts to improve strike packages and penetrate Ukraine’s degraded air defense.”
Russia has renewed its attacks against Ukraine’s energy infrastructure in recent weeks, exploiting Kyiv’s dwindling air defense systems.
“We need air defense systems and other defense assistance, not just turning a blind eye and having lengthy discussions,” President Volodymyr Zelenskyy said in a post on X.
The post was in response to a Russian missile attack overnight on April 11 that destroyed the Trypillia Thermal Power Plant. The plant is one of the primary energy suppliers to Ukraine’s capital, Kyiv. The plant was hit by the new Kh-69 missiles, according to the Ukrainian military.
“ISW has not previously observed the Russian use of Kh-69 missiles in Ukraine,” it said.
“Russian forces have reportedly launched Kh-69 missiles from 400 kilometers away from their targets, exceeding a previous estimated range of 300 kilometers and the 200-kilometer range of the most recent Kh-59MK2 variant,” wrote the ISW.
Shortly after congressional leaders met with Japan’s prime minister in Speaker Johnson’s ceremonial office in the Capitol on Thursday morning, the conversation turned to Ukraine aid.
Mr. Johnson was in the middle of another agonizing standoff with the ultraconservatives in his conference, after they had blocked legislation to extend a major warrantless surveillance law that is about to expire. His chief Republican antagonist, Representative Marjorie Taylor Greene of Georgia, had intensified her threat to oust him. But on Ukraine, he offered his counterparts an assurance.
Henri Rousseau, Tyger’s Dream with fat cat
His comments, confirmed by multiple people familiar with the meeting, were consistent with what Mr. Johnson has been saying for weeks, both publicly and privately: that he intends to ensure the House will move to assist Ukraine, a step that many members of his party oppose.
Even as right-wing Republicans have sought to ratchet up pressure on their speaker, Mr. Johnson has continued to search for a way to win the votes to push through a Ukraine aid. He is battling not only stiff resistance to the idea among House Republicans, but also mounting opposition among Democrats to sending unfettered military aid to Israel given the soaring civilian death toll and humanitarian catastrophe unfolding in Gaza….
Mr. Johnson earlier this month floated bringing up the $95 billion emergency national security spending package for Ukraine and Israel passed by the Senate in February — and moving it through the House in tandem with a second bill containing policies endorsed by the conservative wing of his party, according to people familiar with the discussions.
That plan envisioned two consecutive votes — one on the Senate-passed bill, and another on a package of sweeteners geared toward mollifying Republicans who otherwise would be infuriated by Mr. Johnson’s decision to push through a bipartisan aid package for Ukraine. The second bill could include the REPO Act, which would pay for some of the aid by selling off Russian sovereign assets that have been frozen, as well as a measure forcing President Biden to reverse a moratorium on new permits for liquefied natural gas export facilities. It could also include some kind of border security measure.
Donald Trump and House Speaker Mike Johnson appeared together Friday at the former president’s Florida estate, a show of unity as the embattled Johnson faces a threat to his leadership.
“He’s doing a really good job under very tough circumstances and I appreciate that he came to Mar-a-Lago,” Trump said of Johnson.
William Holman Hunt, The Awakening of CATscience
The focus of their joint appearance was on what they call “election integrity” — a chief priority for Trump, who continues to lie about the results of the 2020 presidential race. Trump’s attention on the issue comes in an election year when there is expected to be another tight matchup against President Joe Biden.
Johnson, who was one of the 147 GOP lawmakers who voted to overturn the results of the 2020 election, said Friday congressional Republicans will introduce legislation to require people who register to vote in a federal election to prove that they are an American citizen.
As he outlined the proposal, Johnson made several false claims about noncitizens voting in elections — repeating assertions Trump has made in recent days.
Former President Donald Trump and House Speaker Mike Johnson raised concerns Friday about the integrity of US elections in a joint appearance at Mar-a-Lago that featured false claims about voting, immigration and other topics.
Trump’s team billed the event as being about “election integrity”– a phrase he often uses to describe the lie that the 2020 election was rigged, as well as his unfounded claims about future mass voter fraud….
House Speaker Mike Johnson raised baseless concerns about “potentially hundreds of thousands of votes” being cast by undocumented immigrants in the November presidential election.
“If an individual only asserts or simply states that they are a citizen, they don’t have to prove it, and they can register that person to vote in a federal election,” Johnson said, adding that “we only want US citizens to vote in US elections.”
To solve this issue, which he called a “serious problem,” Johnson said House Republicans would propose a bill that requires people to directly provide proof of US citizenship when registering to vote for federal elections.
Facts First:The system, as it is currently set up, is working, and effectively prevents mass voting by non-citizens in US elections. Despite Johnson’s focus on this topic, it is extremely rare, according to decades of voting data and nonpartisan experts. It’s so uncommon that voting experts don’t see it as a problem plaguing US elections.
In federal and state elections, where voting by non-citizens is illegal, it occurs on a microscopic level. (It’s true that a handful of municipalities have passed laws letting non-citizens participate in local elections, like for school board. But this wasn’t the focus of Johnson’s concerns about federal elections.)
When people register to vote, they must provide a driver’s license or social security number, and their identity is checked against existing databases. Voters are required to swear under penalty of perjury that they are a US citizen, and multiple federal laws make it illegal for non-citizens to vote, which can lead to imprisonment or deportation.
This system, as shown from decades of data, is very effective at stopping non-citizens from registering and voting in federal elections.
“It happens almost never,” said David Becker, founder of the nonpartisan Center for Election Innovation & Research. “Making something illegal doesn’t stop it from happening, but we know how often it happens, and it’s extremely rare. This is a problem that is very small. And it has almost always occurred because of a misunderstanding.”
The judge in Donald Trump’s hush money criminal case on Friday turned down the former president’s request to postpone his trial because of publicity about the case.
It’s the latest in a string of delay denials that Trump has gotten from various courts this week as he fights to stave off the trial’s start Monday with jury selection.
After Van Gogh, Catcher in the Irises
Among other things, Trump’s lawyers had argued that the jury pool was deluged with what the defense saw as “exceptionally prejudicial” news coverage of the case. The defense maintained that was a reason to hold off the case indefinitely.
Judge Juan M. Merchan wrote that Trump “appears to take the position that his situation and this case are unique and that the pre-trial publicity will never subside. However, this view does not align with reality.”
Pointing to Trump’s two federal defamation trials and a state civil fraud trial in Manhattan within the past year, Merchan wrote that the ex-president himself “was personally responsible for generating much, if not most, of the surrounding publicity with his public statements” outside those courtrooms and on social media.
“The situation Defendant finds himself in now is not new to him and at least in part, of his own doing,” the judge added. He said questioning of prospective jurors would address any concerns about their ability to be fair and impartial.
Donald J. Trump, having failed to fend off a criminal trial in Manhattan that begins on Monday, said that he planned to testify in the case stemming from a hush-money payment to a porn star.
Taking questions Friday from reporters at his Mar-a-Lago estate in Palm Beach, Fla., Mr. Trump, when asked whether he would take the stand, responded that he would.
“I’m testifying. I tell the truth,” he said, standing just off a sunny patio of the private club with Speaker Mike Johnson behind him. “I mean, all I can do is tell the truth. And the truth is that there’s no case. They have no case.”
That is highly unlikely, but NYT reporters prefer stenography to actual reporting.
Despite Mr. Trump’s comments, it is far from a sure thing that he will testify. Instead, his comments initiate a familiar two-step: It will not be clear whether the former president will take the stand until the moment he actually does.
Mr. Trump will most likely wait to see whether the prosecution presents a strong case — and whether the judge presiding over the trial plans to restrict prosecutors’ efforts to cross-examine him, according to people with knowledge of his planning.
In past cases, Mr. Trump has wavered after saying that he would testify, including during his civil fraud trial last year, when he canceled his defense testimony the day before he was scheduled to take the stand.
When he was called to testify by the New York attorney general’s office, which filed the case, it did not go well. The judge in the case, who found Mr. Trump liable for conspiring to inflate his net worth, criticized the former president for not answering directly and questioned his credibility.
Testifying in a criminal case would be even riskier. In the trial scheduled to start next week, Mr. Trump is for the first time facing the threat of criminal conviction. He will be at a disadvantage with a jury in Manhattan, a heavily Democratic county.
Donald Trump is doing his best Wizard of Oz imitation. These days, Trump is not looking like the “winner” he needs voters to believe him to be. Like the title character in L Frank Baum’s 1900 children’s fantasy and the 1939 movie, there is less there than meets the eye. The 45th president’s lead in the polls evaporates while his cash stash shrinks.
His upcoming felony fraud trial in Manhattan looms. For the record, he is zero for three in his bids to adjourn the trial, and lawyers are expensive.
At the same time, the stock price of Trump Media & Technology Group – his eponymous meme stock, DJT – has plummeted this week. “DJT stock is down again,” announced Barron’s on Thursday. “Trump’s stake in Truth Social parent has taken a hit.”
Elsewhere a headline blared: “Trump’s ‘DJT’ stock dives to lowest close since Ron DeSantis dropped out”. Reminder, Trump is a guy whose businesses are no stranger to bankruptcy or allegations of fraud. He leaves wreckage in his wake.
The spirit of Trump University remains alive. Like life in Oz, so much in Trump World is illusory.
Meanwhile, Trump’s attempts to bond New York state’s $454m judgment have run into a legal roadblock. The purported bond posted to avoid enforcement pending appeal may be legally insufficient. Letitia James, the state’s attorney general, demands clarification. Whether the paperwork will be sustained will be decided at a court hearing later this month.
If the court finds the bond to be insufficient or invalid, James may be able to immediately seek to collect what the state is owed. Financial humiliation set against the backdrop of the campaign is something that Trump can ill afford.
For the record, he has already posted a $91m bond to stave off enforcement in the second E Jean Carroll defamation case. His assets are getting tied up, his liquidity ebbs. To him, image is almost everything.
To push or not to push? Rene Magritte, Memory of a Journey with fat cat
Green next addresses Trump’s political problems because of the abortion issue.
At the same time, abortion has re-emerged as a campaign issue, to the horror of the presumptive Republican nominee and his minions. The death of Roe v Wade cost the Republican party its “red wave” in the 2022 midterms. This time, it may lead to another Trump loss and Hakeem Jeffries of Queens wielding the speaker’s gavel in the US House of Representatives.
Hell hath no fury like suburban moms and their daughters. The last thing they need is a thrice-married libertine seventysomething with a penchant for adult film stars and Playboy models telling them how to raise their kids or meddling in their personal lives.
When a guy who hawks Bibles for a side-hustle refuses to say whether any of his partners ever had an abortion, it’s time to roll your eyes and guard your wallet.
Donald Trump’s acolytes gathered at Mar-a-Lago on Wednesday evening to celebrate the public listing of his social media firm, even as the company’s stock continued to crater. Under the Palm Beach sky, right-wing radio host Sebastian Gorka sucked on a cigar, actor Jon Voight posed for photos, and country singer turned Bible salesman Lee Greenwood belted his runaway hit “God Bless the USA.” At the end of the song, he and the former president saluted.
In a speech, Trump encouraged investors to keep calm. “We have over $200 million dollars in cash, which is very liquid,” he said, according to a reporter from Right Side Broadcasting Network in attendance.
On Trump’s social media site, Truth Social, the mood is less ebullient. “Man I really thought we were gonna see a jump today. Especially after that party last night. There is always tomorrow,” one user lamented on Thursday morning.
“Doesn’t it seem strange that the price goes down steadily every day? Haven’t seen a green day for a while,” wondered another.
Shares of Truth Social’s parent company, Trump Media and Technology Group, have fallen more than 50 percent since late March, as the company’s dire financial position has become more clear. Last year, it brought in just $4.1 million in revenue and posted a $58.2 million loss.
Even after tanking, however, the business is still worth more than $4 billion on paper—a number that defies normal valuation metrics. Trump loyalists have helped keep the stock afloat as a way to financially support him, though TMTG remains heavily shorted by investors who believe its shares will continue to fall.
On Truth Social, retail investors are encouraging each other to keep the faith. “When the whole world is set on ruining you with everything that they have got, it’s a good sign that you are likely on the right side of things,” one person wrote on Thursday.
Another user sought to liken TMTG to high-growth tech companies: “I don’t understand all the concern about this stock going down. All of the big stocks were very low at the beginning,” the person said. “We are less than a month into this being an actual stock. I am optimistic about [Truth Social] and will continue to hold and keep buying when I can.”
Suckers.
That’s all I have for you today. Have a great weekend, everyone!!
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“You know, when the jury is seated, Trump won’t be able to contain himself.” John Buss, @Repeat1968
Good Day, Sky Dancers!
We’ve had incredibly stormy weather down here this week. Almost all the streets a few blocks downhill from me flooded, and Uptown became a surfing safari. Even City Hall was closed for the day. The winds were wild. A tornado severely damaged a small city on the North Shore close to the Mississippi Border. Fortunately, I had just bought groceries, and the electricity stayed on. It was a good week to just read a book in many ways. This weekend is the quiet before the next storm. It’s a named storm like many that go into the history books. It’s officially entitled “The People of the State of New York v. Donald J. Trump.” We all know it as the Stormy Daniels Hush Money Case.
Former President Donald Trump will go on trial in Manhattan next week as he faces felony charges for falsifying bank records—the first of his criminal cases to go to trial—which will mark the culmination of a yearslong saga stemming from his alleged affair with adult film actress Stormy Daniels and a “hush money” payment made during his 2016 campaign to keep her quiet.
Kristal did not want to hear any news yesterday afternoon. I imagine a lot of us are Kristal.
This is a historical trial. He’s the first Former President to be criminally indicted. Trump faces 34 felony charges of falsifying business records in the first degree. These charges carry a maximum sentence of 136 years if convicted on all counts. Since Trump is a criminal defendant on parole, he must attend court daily. Unless they can sedate him with tranquilizers that would stun an elephant, I doubt he can hold it together. You see, my friend John agrees with that assessment. The list of witnesses is trickling out through the media. This is from MSNBC.
NBC News obtained a list of potential witnesses for the prosecution in Trump’s hush money trial. The list includes Stormy Daniels, Karen McDougal, Michael Cohen, and Hope Hicks among other Trump associates.
Politico has a long story today about Michael Cohen and his testimony next week. “Michael Cohen on the Trump Trial: Prepare To Be Surprised. Trump’s former attorney on the hush money trial, how he’s preparing for life as the key witness and who he expects Trump will choose as a 2024 running mate.” Ryan Lizza interviewed Cohen, which is the central part of the article.
Trump’s defense is going to be to paint you as an untrustworthy witness. He’s going to cite your guilty plea for lying to Congress, and the fact that the Justice Department declined to offer you a cooperation deal because prosecutors thought you lied to them. And he’ll say you’re out for revenge and that you have a financial incentive to see him convicted. So how do you defend yourself from those accusations?
I wish that when people state that “you lied to Congress,” that you’d do me the courtesy — do yourself the courtesy — of finishing the sentence. What is the sentence? That I had done that, really, for the benefit of Donald J. Trump. And that lie centered around the number of times that I had stated that I spoke to Donald about the failed Trump Tower Moscow real estate project — in conjunction with other lawyers Jay Sekulow, Abbe Lowell, Ty Cobb, with other individuals like Alan Garten or Ivanka [Trump] and Jared [Kushner]. Everybody worked on that statement. I was just the fool who went ahead and read it into the record and submitted it. But what benefit did I have in terms of saying three times versus 10? That’s the lie: That I claimed to have spoken to Donald three times about the failed Trump Tower Moscow real estate project, when the true answer was 10.
I appreciate you putting it in context. With these other accusations, is that the way you approach it: You put those things in context for the jury so that they understand them, and what sounds like a dramatic allegation can be defanged?
Absolutely. There is a ton of misinformation, disinformation, malinformation that has been put out there by Trump and acolytes literally since the Steele dossier. We all know that the Steele dossier was completely inaccurate, as it related to me. I don’t even talk about any of the other allegations raised in that garbage document.
Hey, look what I found on the side of the street while walking Temple. You’d think gold spray paint and a Sharpie signature would last longer!
Can you imagine the energy in that courtroom when he takes the stand, and Trump has to just sit there? So, most of us know the basis of this story and have been pummeled by it for such a long time. I might as well go to that level since so many of these concerns are about killing tabloid stories. This is the first time I’ve seen someone get the dirt on Melania’s reaction to the allegations. This is from HuffPo. It’s reported by Ed Mazza. “Ex-Aide Reveals What ‘Humiliated’ Melania Trump Did After Stormy Daniels News. Stephanie Grisham also explained why the ex-president is probably “quite worried” about his wife right now.”
A former aide to Melania Trump said former President Donald Trump’s looming trial in the Stormy Daniels hush money case could be causing some stress in their marriage.
“I spent a ton of time with her when the news was breaking about Stormy Daniels,” Stephanie Grisham said on CNN on Wednesday. “And she didn’t take it lightly at all.”
Daniels claimed to have had an affair with Trump from 2006-2007, while Melania Trump was caring for the couple’s then-infant child. Grisham said separate allegations of an affair with Playboy Playmate Karen McDougal also led to tensions in the White House.
“We went to the State of the Union separately. She refused to walk out to Marine One with him because she didn’t want to be like Hillary Clinton and standing by her man,” said Grisham, who was chief of staff to the then-first lady before becoming White House press secretary under Donald Trump. “She’s a very independent and strong woman.”
She said she believed Melania Trump would “push” her husband to go on the witness stand during the hush money trial, which is set to begin next week, to defend himself in public.
“This is very, very embarrassing for her. It’s humiliating for her,” she said. “And I can guarantee you that she’s not happy right now and that he’s quite worried about that.”
You may watch the video here on CNN. Frankly, I just couldn’t get past the Botox lips. While this is all historical, sensational, and tacky, I still have this question. The analysis is also from Politico. It’s provided by James Romoser. “How Donald Trump Gets Special Treatment in the Legal System. The former president rails against a “two-tiered system of justice.” But he’s the one benefiting from it.” This is what my Inquiring Mind wants to know.
A firebrand politician named Donald is about to stand trial. Just a few days before jury selection, he goes on TV to slam the charges as baseless and biased.
“The FBI and the Justice Department,” he insists, have “targeted” their political opponents in a burst of partisan persecution.
The rhetoric sounds familiar, but this is not a story about Donald Trump. It’s about a man named Don Hill, a former Dallas City Council member who was facing bribery charges 15 years ago.
The telltale clue that this isn’t about Trump is what happened next: The judge, upset by the attempt to taint the jury pool, slapped the politician-turned-defendant with criminal contempt and ultimately sentenced him to 30 days in jail for violating a gag order.
Today, Trump routinely spouts invective far more inflammatory than anything Hill said. He denigrates prosecutors. He lies about his cases. He vilifies thejudges overseeing them — and then vilifies their wives and daughters, too. Yet Trump has never faced the swift repercussions that were imposed on Hill — and are routinely imposed on other defendants in America.
Instead, Trump gets special treatment.
“I can’t imagine any other defendant posting on social media about a judge’s family and not being very quickly incarcerated,” said Russell Gold, a law professor at the University of Alabama.
As Trump prepares to begin his first criminal trial on Monday in New York, the tolerance of his tirades is perhaps the most glaring sign of the judicial system’s Trump exceptionalism. But it’s far from the only example. Over the past year, in ways large and small, in criminal cases and civil ones, Trump has consistently been given more freedom and more privileges than virtually any other defendant in his shoes.
Some judges in Trump’s cases may have afforded him unique leeway in hopes of avoiding any appearance that they are meddling in the 2024 campaign. Indeed, Trump’s role as a presidential candidate — one who is always eager to play the martyr — complicates the task of prosecutors and judges eager to lower the temperature of the proceedings. Penalizing Trump before he’s ever convicted of anything could stir a backlash and trigger more heat, not less.
Tom Toles Editorial Cartoon
The central question to every discussion I have with anybody concerning Trump and his trial antics is, How The FUCK does this guy get away with it? The interesting analysis this week that Kristal avoided was the comparison between OJ Simpson’s epic trial and Trump’s endless trials. The answer is, “And when you’re a star, they let you do it. You can do anything.” It took me a while to determine the resounding difference between my black and white colleagues’ reactions to the trial verdict as we watched its announcement in our corporate lawyer’s office. It was, for once, the system did to a rich black guy (football star, football announcer, and movie star) what they always do for rich and famous white men. OJ had an excellent lawyer and the prosecutors weren’t up to the challenge.
The jury saw the opportunity to make a point. Johnny Cochrane was a well-paid and extremely brilliant lawyer who knew how to do his job. I can’t say Donald will have that exact representation. Kaitlin Collins at CNN has this story. “Trump attorney who became a crucial witness against him has departed legal team.” OJ eventually got caught doing more crimes and did time. Will one of these criminal suits put this asshole in jail please?
More from Romoser.
But even in the civil fraud case — which by all accounts was a devastating loss for Trump and his businesses — there were nonetheless signs of special deference. Justice Arthur Engoron, who oversaw the trial, was extraordinarily tolerant of Trump’s courtroom antics and outbursts. During a day of testimony in November, Trump essentially converted the witness box into a campaign stump — a privilege few other witnesses would receive.
Engoron ultimately issued the nearly half-billion-dollar penalty, and Trump seemed headed toward a financial crisis when he was unable to secure a bond to stave off the immediate enforcement of the verdict.
But after Trump complained to a New York appeals court, a panel of judges intervened with an unexpected 11th-hour reprieve, issuing a terse, unexplained order that sharply reduced the bond amount that Trump had to post while he appeals the verdict. The decision ensured that Trump wouldn’t have to start selling off assets and that James couldn’t start seizing them.
The American legal system is currently undergoing a Trump-induced stress test, one that will only intensify when Trump’s Manhattan trial begins on Monday.
Each day, during breaks in trial, he’ll stand in the hallway outside the courtroom and denounce the charges. He’ll continue to test the bounds of the gag order that the judge in the case, Justice Juan Merchan, recently imposed. He may even mutter “witch hunt” within earshot of jurors, as he’s done before.
Voters will be watching. So will the prosecutors in his other criminal cases — all of whom are trying, but so far failing, to bring him to trial before Election Day. Those prosecutors have left unsaid the reason why the timing matters so much, but everyone involved knows it: If Trump is elected president again, all pending criminal cases will stop in their tracks.
This is an extremely long article, but it is definitely worth reading. It capsulizes everything most of us have been wondering about these long Trump-filled years. One more Trump Trial note, and I’m off for the weekend. This is from The Daily Beast and reported by Jose Pagliery. “Trump Bond’s Cayman Connection ‘Stinks to High Heaven.’ The company that saved Donald Trump with a $175 million bank fraud bond is playing an insurance game that has experts questioning whether New York will ever see the money.”
When the questionably leveraged company that rescued Donald Trump with a last-minute $175 million court bond insured itself with its own parent company, it raised concerns about how the company was playing with its finances.
But now, as even more details come out about that parent company—particularly that it’s based in the Cayman Islands, a notorious tax haven—the concerns are just piling up.
Former industry regulators and investigators told The Daily Beast that Knight Specialty Insurance Company being financially backed by a firm based in the Cayman Islands should raise eyebrows at the New York AG’s office—particularly because companies frequently organize in the Cayman Islands not just to avoid taxes, but also to minimize visibility into its business practices, avoid more stringent U.S. regulations, and make liability harder should things go wrong.
All of those concerns could come into play if the New York Attorney General has to chase the company down for the money Trump currently owes for committing bank fraud.
“This just stinks to high heaven,” said Dave Jones, who oversaw the nation’s largest insurance market as California’s insurance commissioner for seven years until 2018.
“Taken in its totality, this dog does not hunt. Along every step of the way, this purported bond is problematic. It’s just one issue after another that calls into question whether this bond could ever possibly satisfy the judgment,” said Jones, who’s now the director of the Climate Risk Initiative at University of California Berkeley.
Former regulators described a potential worst-case scenario: Trump loses his bank fraud case on appeal and refuses to pay, the insurance company can’t actually come up with the money, and the New York Attorney General runs into problems chasing after a second company that never explicitly promised to pay this particular court judgment—and is based in a little-regulated foreign jurisdiction in the Caribbean Sea.
“The risk here is the company will not have the liquidity to pay on the bond when demanded, and the beneficiary of this bond, the New York AG, may not have a direct claim against the reinsurer,” said former New York Department of Financial Services superintendent Maria Vullo. “That the reinsurer is in the Cayman Islands compounds this issue as it is a non-U.S. jurisdiction, which makes collection very difficult.”
These rich assholes usually do not come by their money with ethical businesses. So, why do we expect them to play by the book? Here’s another one that should be thrown in jail. “Leo rejects Senate subpoena from panel probing gifts to Supreme Court justices. The conservative judicial activist called the move ‘politically motivated,’ and the committee chair said Leo had left them ‘no other choice’ but to move forward with the compulsory process.” This is from Washington Postwriter Tobi Raji.
The Senate Judiciary Committee sent a subpoena Thursday to conservative judicial activist Leonard Leo as part of a months-long inquiry into undisclosed gifts to Supreme Court justices and he promptly rejected it, calling the move “politically motivated.”
“I am not capitulating to his lawless support of Senator Sheldon Whitehouse and the left’s dark money effort to silence and cancel political opposition,” Leo said of Sen. Dick Durbin (D-Ill.), the committee’s chairman, in a statement to The Washington Post.
The committee voted along party lines on Nov. 30 to authorize subpoenas for Leo and Texas billionaire Harlan Crow following reports that Supreme Court Justices Clarence Thomasand Samuel A. Alito Jr. accepted — and did not disclose — free luxury travel and gifts from Crow, Leo and conservative donor Robin Arkley II.
Crow did not receive a subpoena Thursday, his spokesman Michael Zona told The Post.
In a statement to The Post, Durbin said sending a subpoena to Leo was a necessary step.
“Since July 2023, Leonard Leo has responded to the legitimate oversight requests of the Senate Judiciary Committee with a blanket refusal to cooperate,” Durbin said. “His outright defiance left the Committee with no other choice but to move forward with compulsory process. For that reason, I have issued a subpoena to Mr. Leo.”
“Mr. Leo has played a central role in the ethics crisis plaguing the Supreme Court and, unlike the other recipients of information requests in this matter, he has done nothing but stonewall the Committee. This subpoena is a direct result of Mr. Leo’s own actions and choices,” Durbin continued.
First, they eliminate campaign finance law, and then the dark money warps the system. Welcome to the hell wrought by Leonard Leo and his Federalist Society buddies.
I’m sure you’ve heard about the latest outrage from the woman-hating Arizona Supreme Court. If this law takes effect, women in the state will not be able to get an abortion unless they are at death’s door. If that means you can’t ever get pregnant again, too fucking bad. If you’re 12 years old and you’ve been raped and impregnated by your stepfather, tough shit. You’re carrying that fetus to term young lady, and you’d better not complain about it. Welcome to the post-Dobbs world. Never forget: Trump did this. For now, Republicans are pretending to have problems with this decision, but if Trump is elected and Republicans control Congress, this will likely be the law of the land.
Arizona’s highest court on Tuesday upheld an 1864 law that bans nearly all abortions, a decision that could have far-reaching consequences for women’s health care and election-year politics in a critical battleground state.
“Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the court said in a 4-to-2 decision.
But the court, whose justices are all Republican appointees, also put its ruling on hold for the moment and sent the matter back to a lower court for additional arguments about the law’s constitutionality. Abortion providers said they expected to continue performing abortions through May as their lawyers and Democratic lawmakers searched for new legal arguments and additional tactics to delay the ruling.
The ruling immediately set off a political earthquake. Democrats condemned it as a “stain” on Arizona that would put women’s lives at risk. Several Republicans, sensing political peril, also criticized the ruling and called for the Republican-controlled Legislature to repeal it.
The decision from the Arizona Supreme Court concerned a law that was on the books long before Arizona achieved statehood. It outlaws abortion from the moment of conception, except when necessary to save the life of the mother, and it makes no exceptions for rape or incest. Doctors prosecuted under the law could face fines and prison terms of two to five years.
Planned Parenthood Arizona, the plaintiff, and other abortion-rights supporters argued that the 1864 ban, which had sat dormant for decades, had essentially been overtaken by years of subsequent Arizona laws regulating and limiting abortion — primarily, a 2022 law banning abortion after the 15th week of pregnancy.
But the territorial-era ban was never repealed. And the Arizona Supreme Court said Arizona’s Legislature had not created a right to abortion when it passed the 15-week ban. Because the federal right to abortion in Roe v. Wade had now been overturned, nothing in federal or state law prevented Arizona from enforcing the near-total ban, the court wrote.
“Because the federal constitutional right to abortion that overrode § 13-3603 no longer exists, the statute is now enforceable,” the court’s four-person majority wrote, using the statutory number of the 1864 ban.
A near-total abortion ban slated to go into effect in the coming weeks in Arizona is expected to have a seismic impact on the politics of the battleground state, testing the limits of Republican support for abortion restrictions and putting the issue front and center in November’s election.
Arizona’s conservative Supreme Court on Tuesday revived a near-total ban on abortion, invoking an 1864 law that forbids the procedure except to save a mother’s life and punishes providers with prison time. The decision supersedes Arizona’s previous rule, which permitted abortions up to 15 weeks.
Elisabetta Sirani, Timoclea Killing Her Rapist, 1659
Arizonans are poised to consider the issue in November, now that the groups working to amend the state’s constitution to enshrine abortion rights — which include the ACLU of Arizona and Planned Parenthood Advocates of Arizona — say that they have acquired enough signatures to establish a ballot measure, according to the Arizona Republic. Meanwhile, Republicans in the state are asking Arizona Gov. Katie Hobbs (D) and the Republican-led state legislature to come up with a solution.
The developments in Arizona are part of a wave of state actions to reckon with the future of access to reproductive care after the U.S. Supreme Court, with a conservative majority installed during Donald Trump’s presidency, overturned Roe v. Wade in 2022. While several states enacted abortion restrictions as a result of overturning Roe, protecting access to reproductive care has broadly been a winning issue for Democratic candidates and for ballot measures that protect abortion access in the elections since the 2022 ruling.
As a battleground state, there is a lot on the line in Arizona’s looming elections. President Biden is running for reelection after winning the state in 2020 by fewer than 11,000 votes, and the race for a Senate seat in the state could prove crucial in determining which party controls the body next year. The balance of the statehouse is at stake this election cycle, too, with Republicans holding a one-vote majority in each chamber.
Polls show that abortion is a motivating issue for Arizona voters.
All of a sudden, Arizona Republicans are not so sure they like what’s happening, now that they got their wish to overturn Roe v. Wade.
Hours after Arizona’s supreme court declared on Tuesday that a 160-year-old abortion ban is now enforceable, Republicans in the state took a surprising stance for a party that has historically championed abortion restrictions – they denounced the decision.
“This decision cannot stand,” said Matt Gress, a Republican state representative. “I categorically reject rolling back the clock to a time when slavery was still legal and we could lock up women and doctors because of an abortion.” [….]
“Today’s Arizona supreme court decision reinstating an Arizona territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least,” said TJ Shope, a Republican state senator.
“I oppose today’s ruling,” added Kari Lake, a Republican running to represent Arizona in the US Senate and a Donald Trump loyalist. Lake called on the state legislature to “come up with an immediate commonsense solution that Arizonans can support”.
Since the US supreme court overturned Roe v Wade, leading the GOP to stumble in the 2022 midterms and abortion rights supporters to win a string of ballot measures, including in purple and red states, Republicans have struggled to find a way to talk about abortion without turning off voters. But their response to the ruling on the 1864 ban may mark their fastest and strongest rebuke of abortion bans since Roe fell.
Scowling woman, by Hope Gangloff
“This is an earthquake that has never been seen in Arizona politics,” said Barrett Marson, a Republican consultant in Arizona, of the decision. “This will shake the ground under every Republican candidate, even those in safe legislative or congressional seats.” [….]
Some of the criticisms of the Tuesday ruling came from politicians who had previously supported the 1864 ban or cheered the end of Roe v Wade. Lake previously called the ban a “great law”, according to PolitiFact. David Schweikert, an Arizona congressman who is facing one of the most competitive House races in the country this November, said on Tuesday that he does not support the ruling and wants the state legislature to “address this issue immediately”, but in 2022 said the fall of Roe “pleased” him.
The speaker of the Arizona state house and the president of the state senate, who are both Republicans, also released a joint statement saying that they would be “listening to our constituents to determine the best course of action for the legislature”. In contrast, on the day Roe fell, the Republican-controlled state senate released a statement declaring that the 1864 ban was in effect immediately. That statement unleashed confusion and chaos among abortion providers in Arizona, prompting them to stop offering the procedure out of an abundance of caution.
Here’s an example of what goes on in the Arizona Senate. This happened the day before the Supreme Court ruling came out.
“Let it be so, Father God,” Kern said. “Lord, right now, we ask thee to release the presence of the lord in the senate chamber.”
The video of the senator and his group was originally shared on TikTok by Tony Cani and reposted on many social media platforms. Jeanne Casteen, the executive director of Secular Arizona, a nonprofit advocacy organization that promotes the separation of church and state in Arizona, called attention to the video on X, formerly known as Twitter.
In her replies, many users were baffled by the senator’s behavior, citing First Amendment violations and false practices of Christianity….
However, Kern doubled down on his actions as he responded to critics in an X post.
“Looks like our prayer team stirred up some god-haters … Not to worry though…prayer over our state at the State Senate is way more powerful,” he wrote.
It took little more than a day for Donald Trump’s political gambit on abortion to come undone.
On Monday, the former president declined to support any new national law setting limits on abortions. Going against the views of many abortion opponents in his Republican Party, Trump was looking for a way to neutralize or at least muddy a galvanizingissue that has fueled Democratic victories for nearly two years. He hoped to keep it mostly out of the conversation ahead of the November elections.
Auguste Toulmouche’s 1866 painting The Hesitant Fiancée
On Tuesday, the Arizona Supreme Court showed just how difficult it will be to do that. The court resurrected an 1864 law that bans nearly all abortions, except to save the life of the mother. The law also imposes penalties on abortion providers.
Trump had said let the states handle the issue. The Arizona court showed the full implications of that states’ rights strategy.
The Arizona ruling came in a state that will be especially crucial in deciding the outcome of the presidential election, a state that President Biden won by fewer than 11,000 votes and that Trump’s campaign team has eyed as one of the best opportunities for a pickup. It is likely that a referendum to protect abortion rights will be on Arizona’s ballot in November. The court ruling only heightens the significance of the issue for the rest of the campaign year.
But the court ruling reverberated far beyond Arizona’s borders. The Biden-Harris campaign and other Democrats pounced on the ruling in an effort to further their argument that Trump and Republicans are a threat to freedoms.
All abortion politics are national, not local. Abortion developments — new laws, new restrictions, new stories of women caught up in heart-wrenching and sometimes life-threatening decisions — are no longer confined to the geography where they take place. They are instantly part of the larger debate.
Joyce Vance had some choice words about the Arizona situation at Civil Discourse: Welcome to 1864.
When the Supreme Court decided Dobbs, it opened up Pandora’s Box, undoing fifty years of protection for abortion rights under Roe v. Wade. In the wake of that decision, states pulled lots of horribles out of the box and used them to prevent women from making their own choices about reproductive health care. In some cases, those decisions involved their ability to conceive and carry to term in the future and even their lives. Arizona now seems intent on joining them.
This is Dobbs in action, which leaves it up to each state to decide whether women have abortion rights and, if so, to what extent. Your gerrymandered state legislature is now in charge of your healthcare and the lives of people you love….
In a couple of weeks, virtually all abortions will be a felony event in Arizona. Doctors and providers, including people who help others obtain abortions, can be prosecuted and sentenced to two to five years in prison if convicted. There are no exceptions for pregnancies resulting from rape or incest. As we’ve seen in other states, the mere threat of consequences like this is enough to shut down abortion procedures across the state. Welcome back to 1864.
Arizona women can still travel to nearby California, New Mexico, or Colorado, where abortion is accessible, at least for now. But the distances can be long, travel prohibitively expensive for some women, and impractical for those with jobs or with children and/or parents to care for.
Arizona is leaning into the national trend. The Guttmacher Institute tracks abortion laws across the country. As of this week, only two states, Vermont and Oregon, provide what they characterize as the “most protection” for abortion. Fifteen states are in the “most restrictive” category, which includes measures like the complete ban with very limited exceptions in Idaho, North Dakota, South Dakota, Oklahoma, Texas, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Mississippi, Alabama, West Virginia, and South Carolina. We can add Arizona to that list after today’s decision. Guttmacher categorizes six additional states as “very restrictive,” (this is where Arizona used to be) and another seven states as “restrictive”. The map is stark and getting worse.
Read the rest at Civil Discourse.
Three more pieces on Trump and his waffling on abortion politics.
If you missed Donald Trump’s abortion ‘announcement’ yesterday, the short version is that he’s trying to wash his hands of the issue by saying abortion should be up to the states. He knows abortion is a loser for the GOP—and if there’s anything Trump hates, it’s losing.
CNN notes that the disgraced former president has been waffling behind the scenes for months, and The Washington Post reports that anti-abortion advisors like Kellyanne Conway and Sen. Lindsey Graham tried to talk Trump out of yesterday’s announcement.
Blue Monday, by Annie Lee
They not only told him that his stance meant he’d be supporting the states that allow ‘abortions up until birth’, but that he’d also be implicitly supporting the states whose bans he thinks are too restrictive—like Florida’s and Arizona’s.
Indeed, a Biden campaign spokesperson didn’t waste any time before tweeting that Trump was “endorsing every single abortion ban in the states, including abortion bans with no exceptions…and he’s bragging about his role in creating this hellscape.”
The response from anti-abortion groups and other Republicans has been mixed. While groups like Susan B. Anthony Pro-Life America made clear that they’re focused on defeating President Joe Biden, they also took a couple of hits at Trump. SBA president Marjorie Dannenfelser, for example, said the group is “deeply disappointed.” Sen. Lindsey Graham also spoke up, saying he “respectfully” disagrees and that he’s going to push ahead with federal legislation. (Because Trump takes criticism so well, he lashed out at the pair in a series of posts on Truth Social.)
Former vice president Mike Pence, who has said he’s not endorsing Trump, called Trump’s stance a “slap in the face to millions of pro-life Americans.”
Others, however, aren’t so worried. Tony Perkins, president of the Family Research Council, for example, told The Washington Post that he was confident that Trump would still sign a federal ban: “I take the president’s statement with a comma, not a period.”
On Monday, Donald Trump released a video announcing his much heralded abortion “policy.” The statement was typically garbled, deliberately vague, and chock full of absurd assertions.
For example, Trump bizarrely asserted that that “both sides wanted and, in fact, demanded” that Roe v. Wade be “ended.” His suggestion is that the entire nation was clamoring for the end of reproductive rights that he engineered with his Supreme Court nominations, when in fact national polling shows that a solid majority supports legal abortion. (If you can stomach it, you can watch Trump’s entire video statement below.)
As has long been typical, many in the press misreported the gist of the statement. A New York Times headline declared that Trump had said “Abortion Restrictions Should Be Left to the States.” This is incorrect, and gives Trump undeserved credit for his typical, and deliberate, ambiguity.
Trump did not say he would refuse to sign a federal abortion ban into law, and his record is to the contrary. He supported a federal 20-week ban when he was in the White House and said was “disappoint[ed]” when it was filibustered in the Senate.
But the headlines not only misstated what Trump said, they also omitted the most repugnant and revealing portion of his presentation — his repulsive lie that women have been “execut[ing]” their own children “after birth,” with the assistance of doctors.
Trump said:
“It must be remembered that the Democrats are the radical ones on this position because they support abortion up to and even beyond the ninth month. The concept of having an abortion in the later months and even execution after birth. And that’s exactly what it is. The baby is born, the baby is executed after birth is unacceptable. And almost everyone agrees with that.”
The claim is a grotesque derivation of the “partial birth” abortion smear GOP politicians have employed for years as a cover for their agenda to wholly, or near wholly, ban abortion care, which they have succeeded in doing in large swaths of the nation since SCOTUS ended federal abortion rights in June 2022.
Trump’s version of this familiar lie is not only over the top, but it reveals his deep affinity with the Christian right. It’s an affinity rooted not in a shared faith with right-wing Christians, but rather in a deeply shared fear of women’s empowerment, with the policy goal of taking it away.
MIAMI — There’s no state that will need to navigate Donald Trump’s abortion stance quite like Florida, which has authorized one of the strictest abortion bans in the country but also could broadly enshrine abortion rights protections in the state constitution through a ballot measure in November.
The Republican Party of Florida and key conservative lawmakers, including Gov. Ron DeSantis, consider Florida’s ballot initiative “extreme” and want voters to oppose it. But they’re not calling on Trump to pick up a megaphone over the cause. They generally support his stance to leave one of the most politically treacherous issues for Republicans up to states to decide — even as abortion rights supporters in Arizona, a key battleground state, also are trying to put a similar initiative on the ballot.
“I’ve always believed this is a states’ issue,” said Evan Power, the Republican Party of Florida chair. “That is why we will fight to oppose the Florida constitutional amendment because the people’s representatives here in Florida have adopted a Florida constitutionally-sound approach.”
State Sen. Joe Gruters, a longtime Trump ally and an RNC national committee member, agreed with Power’s assessment about state decision-making and called the former president’s statement “perfect.” Asked whether he wanted Trump’s help on getting the word out about the referendum, Gruters replied that DeSantis — someone he has clashed with in the past — could keep championing the issue.
Rep. Anna Paulina Luna, a Florida Republican who has drawn several Democratic challengers, also said this is a “states rights issue.”
“He’s doing exactly what he’s supposed to be doing,” she said of Trump.
Florida Republicans have good reason to tread lightly around Trump. The former president attacked one of his close allies, Sen. Lindsey Graham, after the South Carolina Republican broke with the president over abortion. One of the nation’s most influential anti-abortion groups, Susan B. Anthony Pro-Life America, also stated it was “deeply disappointed” by Trump’s decision. Marjorie Dannenfelser, the group’s president, later reiterated the organization’s support of Trump.
Read the rest at Politico.
That’s all I have for you today, because women’s reproductive freedom is all I can think about right now. I’m hoping other angry women and men around the country will react by voting for Democrats in November.
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It’s Eclipse Day! Be safe out there! John Buss @repeat1968
Good Day, Sky Dancers!
It’s quite the day today! The country’s gone nuts over the Solar Eclipse, and it’s separated by nuts who think the Rapture is coming and nuts who are just plain enjoying their nerdy selves. Count me in the later number. Count Governor Hillbilly HuckaBuck in Arkansas as nutty with a lot of stupid on the side. “Gov. Sanders declares state of emergency ahead of eclipse.” This is from the NBC affiliate in Little Rock.
This reminds me of the approach to school here. Jefferson Parish is sending their students home early. New Orleans Parish says their students will use the opportunity to learn something. Scalise is the Jefferson Parish Congress Critter, just to let you know where they stand.
Gov. Sarah Huckabee Sanders declared a state of emergency on Friday ahead of the solar eclipse, according to a news release.
Sanders said in the release that she released funds from the Response and Recovery Fund to help commercial carriers transport essentials to customers in the state during the eclipse.
The essential items listed in the order include groceries, pharmacy items, medical equipment, goods, commodities, fuel, poultry, livestock and feed.
The release said the decision was made out of caution due to the expected increase of visitors to Arkansas “potentially causing hardships.”
“We want to make sure Arkansans and all visitors have an enjoyable experience and come back again and again,” Sanders said in a statement.
The order will allocate $100,000 from the fund to address program and administrative costs and will be managed by the director of the Arkansas Division of Emergency Management.
The only idiot I know that’s stared at the sun during an eclipse is the Orange Dotard.
Q: Why does Arkansas need a 3-day state of emergency for a 3-minute eclipse?!
A: Gov. Sanders is concerned that locals will be hopelessly disoriented by the event, like the time that Parents Without Partners and a hog-calling contest were accidentally booked into the same venue. https://t.co/K1x8huSRvH
So, someone found this down here in Lafayette, Lousyana. Don’t even ask! Maybe that’s why we’ve got a few sprinkles of rain! He’s coming! He’s coming!
As for me, once a Girl Scout and Daisy and Brownie Leader, always one! Today, I’m going to try to see the eclipse. I got eclipse glasses for me and the neighbors. I’ve also been introducing all the AirBNB invaders to Ricky, Lucy, Rob, and Laura, the Gold Crested Night Herons, who are back in their nests in Oak Trees on the Neutral Ground. I also ranted about the highly inappropriate gentrifiers and the historical houses they wrecked during yesterday’s Bywater house tour.
We live in a historic district from the 1830s. Appreciate it! Your kitchens do not belong in the back parlor, which has been ripped open to the front parlor, with the historical features ripped off and sent to auction! Mine, the pocket door, and the original fireplace mantels are still there! There are plenty of burbs for your turquoise vinyl loveseats in little boxes built for that! I got that from my mother, who led the charge to restore a Victorian Mansion built by a Civil War General and Union Pacific Railroad man. Being a docent in that House was my very first job. It also taught me a lot about architectural styles and furniture. My Little House is perfect example of the period, precisely what I dreamed of owning. I don’t want to sit in an opened-up room staring at a kitchen and sitting in a room with furniture that looks like it came from my orthodontist’s office in the ’60s.
Lucy! I’m home!!!
Let’s get back to the Orange Dotard and his new ad. It concerns the Solar Eclipse, which is a doozy. This is from The Guardian. “Trump posts bizarre solar eclipse ad – with his head blocking out the sun, plunging US into darkness. During the August 2017 total solar eclipse, the then-president went viral when he ignored all eclipse safety recommendations by gazing directly at the sun with his naked eyes.” I really don’t ever want to see the word naked and Trump together in one headline.
Is it a bird? Is it a plane? Is it the moon crossing the sun? No, it’s Donald Trump’s head.
Seven years on from the notorious moment where he stared directly at the sun during the last solar eclipse over the US, the former president is jumping on the sungazing bandwagon yet again.
On Sunday night, Mr Trump posted a bizarre campaign ad on Truth Social where his own head takes on the role of the moon – blocking out the sun and plunging America into total darkness.
The video begins with the words “the most important moment in human history is taking place in 2024” emblazoned over an image of the flaming sun, while dramatic music plays in the backdrop.
Images show large crowds gathered to watch the solar event, staring up at the sky wearing protective glasses.
The footage moves between the awestruck crowds and the sun where a huge silhouette begins to slowly move across it.
But, it’s not the moon causing the rare phenomenon. It’s the outline of Mr Trump’s head – complete with quiff, bushy eyebrows and long neck.
As his head covers the entirety of the sun – creating its own solar eclipse – a phrase flashes across the screen: “We will save America. And make it great again.”
Coincidentally, one of my fellow brownies sent this to me today. It’s a picture of a driving tour pamphlet my mother wrote about old Houses in Council Bluffs, Iowa. I illustrated it in high school. I love restored old houses.
There are a lot of headlines you might want to check out, and I will list a few. I need to focus on the natural world and my neighbors right now! I’m getting ramped up for rain that will ruin my eclipse view. Hey! A Girl Scout has to do what a Girl Scout does!
Update: New Orleans Rains and clouds did not cooperate with viewing the eclipse. I enjoyed chatting and meeting with the Underground Women’s Astronomy and Shit-stirring Committee. Thanks to Anne Renee, and Nancy! Also, the gay couple across the street was out on the porch with the eclipse glasses I gave everyone I could, only to find out the local libraries were doing that, too. You can always depend on New Orleans Librarians! They are fierce!
Let us know how you made it out. I hope you can get through whatever WordPress is doing to make it impossible for nearly everyone–including me–to reply to threads!!
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
Sorry, dude, if you protest too much and damages result, you will have to pay for everything. Ask your SCOTUS buddies. 
Let’s hope just does, in fact, prevail. I’m not a lawyer, so I must listen to them. However, I should know about equities, as I’ve never seen anything like this before.
You may watch the
This is an extremely long article, but it is definitely worth reading. It capsulizes everything most of us have been wondering about these long Trump-filled years. One more Trump Trial note, and I’m off for the weekend. This is from 
These rich assholes usually do not come by their money with ethical businesses. So, why do we expect them to play by the book? Here’s another one that should be thrown in jail. “Leo rejects Senate subpoena from panel probing gifts to Supreme Court justices. The conservative judicial activist called the move ‘politically motivated,’ and the committee chair said Leo had left them ‘no other choice’ but to move forward with the compulsory process.” This is from 
I’m sure you’ve heard about the latest outrage from the woman-hating Arizona Supreme Court. If this law takes effect, women in the state will not be able to get an abortion unless they are at death’s door. If that means you can’t ever get pregnant again, too fucking bad. If you’re 12 years old and you’ve been raped and impregnated by your stepfather, tough shit. You’re carrying that fetus to term young lady, and you’d better not complain about it. Welcome to the post-Dobbs world. Never forget: Trump did this. For now, Republicans are pretending to have problems with this decision, but if Trump is elected and Republicans control Congress, this will likely be the law of the land.
So, someone found this down here in Lafayette, Lousyana. Don’t even ask! Maybe that’s why we’ve got a few sprinkles of rain! He’s coming! He’s coming!
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