Wednesday Reads

Good Morning!!

Sea, Dark Sky (2021), by Alice Brasser (Netherlands)

Sea, Dark Sky (2021), by Alice Brasser (Netherlands)

Before I get to all the Trump crime news, I want to highlight this piece at The Guardian about climate change: ‘We are damned fools’: scientist who sounded climate alarm in 80s warns of worse to come, by Oliver Milman.

The world is shifting towards a superheated climate not seen in the past 1m years, prior to human existence, because “we are damned fools” for not acting upon warnings over the climate crisis, according to James Hansen, the US scientist who alerted the world to the greenhouse effect in the 1980s.

Hansen, whose testimony to the US Senate in 1988 is cited as the first high-profile revelation of global heating, warned in a statement with two other scientists that the world was moving towards a “new climate frontier” with temperatures higher than at any point over the past million years, bringing impacts such as stronger storms, heatwaves and droughts.

The world has already warmed by about 1.2C since mass industrialization, causing a 20% chance of having the sort of extreme summer temperatures currently seen in many parts of the northern hemisphere, up from a 1% chance 50 years ago, Hansen said.

“There’s a lot more in the pipeline, unless we reduce the greenhouse gas amounts,” Hansen, who is 82, told the Guardian. “These superstorms are a taste of the storms of my grandchildren. We are headed wittingly into the new reality – we knew it was coming.”

Hansen was a Nasa climate scientist when he warned lawmakers of growing global heating and has since taken part in protests alongside activists to decry the lack of action to reduce planet-heating emissions in the decades since.

He said the record heatwaves that have roiled the USEuropeChina and elsewhere in recent weeks have heightened “a sense of disappointment that we scientists did not communicate more clearly and that we did not elect leaders capable of a more intelligent response”.

“It means we are damned fools,” Hansen said of humanity’s ponderous response to the climate crisis. “We have to taste it to believe it.”

This year looks likely to be the hottest ever recorded globally, with the summer already seeing the hottest June and, possibly, hottest week ever reliably measured. Conversely, 2023 may in time be considered an average or even mild year, as temperatures continue to climb. “Things will get worse before they get better,” Hansen said.

“This does not mean that the extreme heat at a particular place this year will recur and grow each year. Weather fluctuations move things around. But the global average temperature will go up and the climate dice will be more and more loaded, including more extreme events.”

Read the rest at The Guardian.

Now on to the Trump Crimes:

The news that Trump received a target letter from Jack Smith warning him he is about to be indicted in the January 6 case has pushed the stolen documents case in Florida into the background. Judge Cannon can dither about setting a date for the stolen documents trial all she wants; the January 6 case will be tried in Washington DC, will likely be on a fast track, and will be higher profile. Trump could be indicted for the third time as early as Friday.

Tao Fung Shan (2019), by Stephen Wong Chun Hei (Hong Kong b. 1986),

Tao Fung Shan (2019), by Stephen Wong Chun Hei (Hong Kong b. 1986),

ABC News: Special counsel informs Trump he is target in probe of efforts to overturn 2020 election.

Special counsel Jack Smith has informed former President Donald Trump by letter that he is a target in his investigationSp into efforts to overturn the 2020 election, sources familiar with the matter tell ABC News.

Trump also confirmed the development in a post on his Truth Social platform….

The target letter mentions three federal statutes: conspiracy to commit offense or to defraud the United States, deprivation of rights under color of law, and tampering with a witness, victim or an informant, sources familiar with the matter told ABC News.

There are no additional details in the letter and it does not say how the special counsel’s office claims Trump may have violated the statutes listed, sources said.

Trump, appearing Tuesday night at a town hall in Cedar Rapids, Iowa, told Fox News’ Sean Hannity that he received the letter on Sunday.

“It bothers me,” said the former president. “I got the letter on Sunday night. Think of it, I don’t think they’ve ever sent a letter on Sunday night. And they’re in a rush because they want to interfere, it’s election interference, never been done like this in the history of our country and it’s a disgrace what’s happening to our country.”

Target letters are typically given to subjects in a criminal investigation to put them on notice that they are facing the prospect of indictment.

According to Rolling Stone,

The letter mentions three federal statutes: Conspiracy to commit offense or to defraud the United States; deprivation of rights under color of law; and tampering with a witness, victim, or an informant. It does not offer further details, nor does it detail how the special counsel believes Trump may have violated the statutes, the source tells Rolling Stone.

The letter does not mention statutes on sedition or insurrection, according to the source….

The source said the statutes listed likely refer to the prosecutor’s interest in charging Trump with obstructing the election certification process, including Trump efforts to pressure Mike Pence to stop the certification of President Biden’s 2020 victory.

More bad legal news for Trump at HuffPost: Donald Trump Loses Bid For New Trial In E. Jean Carroll Case.

A federal judge on Wednesday rejected Donald Trump’s request for a new trial in a civil case brought by E. Jean Carroll, where a jury found the former U.S. president liable for sexually abusing and defaming the writer and awarded her $5 million in damages.

In a 59-page decision, U.S. District Judge Lewis Kaplan in Manhattan said the jury did not reach a “seriously erroneous result,” and the May 9 verdict was not a “miscarriage of justice.”

Carroll had accused Trump of raping her in a Manhattan department store dressing room in the mid-1990s, and then branding the incident a hoax in an October 2022 post on his Truth Social platform.

Trump had argued that awarding Carroll $2 million in compensatory damages for sexual assault was “excessive” because the jury found he had not raped her, while the award for defamation was based on “pure speculation.”

The judge also found that Trump did rape Carroll, despite his claims of being exhonerated of that charge, according to the “common definition.”

As I’m sure you know, more big legal news hit yesterday from Michigan. The Detroit News: 16 false Trump electors face felony charges in Michigan.

Attorney General Dana Nessel is leveling felony charges against 16 Republicans who signed a certificate falsely stating that Donald Trump won Michigan’s 2020 presidential election, launching criminal cases against top political figures inside the state GOP.

Each of the 16 electors, including former Michigan Republican Party Co-Chairwoman Meshawn Maddock and Shelby Township Clerk Stan Grot, have been charged with eight felony counts, including forgery and conspiracy to commit election law forgery, according to Nessel’s office.

Moonlight Dance, by Paul Batch,, 1979

Moonlight Dance, by Paul Batch,, 1979

The revelation capped six months of investigation and produced the most serious allegations yet in Michigan over the campaign to overturn Trump’s loss to Democrat Joe Biden in 2020. Biden won the state by 154,000 votes or 3 percentage points, but Trump and his supporters maintained false and unproven claims that fraud swung the result.

As part of the push to undermine Biden’s victory, Trump supporters gathered inside the then-Michigan Republican Party headquarters on Dec. 14, 2020, and signed a certificate, claiming to cast the state’s 16 electoral votes for Trump.

Eventually, the false certificate was sent to the National Archives and Congress. The document inaccurately claimed the Trump electors had met inside the Michigan Capitol. However, they hadn’t. Biden’s electors convened inside the Capitol, and the building was closed to others on Dec. 14, 2020.

“The false electors’ actions undermined the public’s faith in the integrity of our elections and, we believe, also plainly violated the laws by which we administer our elections in Michigan,” said Nessel, a Democrat, in a statement.

“My department has prosecuted numerous cases of election law violations throughout my tenure, and it would be malfeasance of the greatest magnitude if my department failed to act here in the face of overwhelming evidence of an organized effort to circumvent the lawfully cast ballots of millions of Michigan voters in a presidential election.”

The 16 defendants are:

  • Kathy Berden, 70, of Snover
  • William (Hank) Choate, 72, of Cement City
  • Amy Facchinello, 55, of Grand Blanc
  • Clifford Frost, 75, of Warren
  • Stanley Grot, 71, of Shelby Township
  • John Haggard, 82, of Charlevoix
  • Mari-Ann Henry, 65, of Brighton
  • Timothy King, 56, of Ypsilanti
  • Michele Lundgren, 73, of Detroit
  • Meshawn Maddock, 55, of Milford
  • James Renner, 76, of Lansing
  • Mayra Rodriguez, 64, of Grosse Pointe Farms
  • Rose Rook, 81, of Paw Paw
  • Marian Sheridan, 69, of West Bloomfield
  • Ken Thompson, 68, of Orleans
  • Kent Vanderwood, 69, of Wyoming

The Special Counsel is also examining 2020 election crimes in Arizona and Georgia.CNN: Former Arizona governor contacted by special counsel in Jan. 6 probe.

Special counsel Jack Smith’s team has contacted former Arizona Gov. Doug Ducey, who Donald Trump pressured to overturn the 2020 election, a source familiar with the outreach confirmed first to CNN.

A spokesman for Ducey confirmed the outreach from Smith’s team, which has not been previously reported.

Phil Greenwood (UK ,Wales. b.1943), Moon Lights, etching and aquating

Phil Greenwood (UK ,Wales. b.1943), Moon Lights, etching and aquating

“Yes, he’s been contacted. He’s been responsive, and just as he’s done since the election, he will do the right thing,” Ducey spokesman Daniel Scarpinato told CNN.

Trump narrowly lost Arizona to Joe Biden by less than 11,000 votes. Trump publicly attacked Ducey, a former ally, over the state’s certification of the results. As Ducey was certifying the election results in November 2020, Trump appeared to call the governor – with a “Hail to the Chief” ringtone heard playing on Ducey’s phone. Ducey did not take that call but later said he spoke with Trump, though he did not describe the specifics of the conversation.

Ducey, behind closed doors, said that the former president was pressuring him to find fraud in the presidential election in Arizona that would help him overturn the election, a source with knowledge told CNN earlier this month after The Washington Post first reported the news. There was no recording made of that call, a source familiar with the matter said.

Then-Vice President Mike Pence also spoke with Ducey in the wake of the 2020 election.

The Atlanta Journal-Constitution: EXCLUSIVE: Feds sought surveillance video from State Farm Arena in Trump probe.

Federal prosecutors examining former President Donald Trump’s attempt to hold onto power following the 2020 election requested surveillance and other security footage recorded at Atlanta’s State Farm Arena, according to a subpoena obtained by The Atlanta Journal-Constitution.

In a grand jury subpoena dated May 31, the Georgia Secretary of State’s office was directed to hand over “any and all security video or security footage, or any other video of any kind, depicting or taken at or near” State Farm and “any associated data.”

The subpoena, which was obtained by The AJC through an open records request and had not been previously reported, shows the widening interest in Georgia from Justice Department special counsel Jack Smith, who sent a so-called “target” letter to Trump on Sunday.

It also demonstrated the growing areas of overlap between the DOJ probe and the Fulton County investigation of interference in Georgia’s 2020 elections, which is expected to result in indictments against Trump and others next month.

Previous subpoenas and grand jury appearances show that Fulton and federal prosecutors are both interested in the appointment of a slate of “alternate” Trump electors in swing states like Georgia, as well as the pressure the former president placed on Georgia Secretary of State Brad Raffensperger.

Now back to Judge Cannon’s hearing yesterday on the documents case. Alan Feuer at The New York Times: Prosecutors and Trump Lawyers Clash Over Timing in Classified Documents Case.

The federal judge overseeing former President Donald J. Trump’s classified documents case expressed skepticism on Tuesday about the government’s request to go to trial as early as December, but she also seemed disinclined to accede immediately to Mr. Trump’s desire to have the trial put off until after the 2024 election.

Appearing for the first time at a hearing in the case, the judge, Aileen M. Cannon, came to no decision about when to schedule the trial, saying she would issue a written order “promptly.”

George Wesley Bellows (USA 1882-1925)

George Wesley Bellows (USA 1882-1925), A Fresh Breeze, 1913

The question of the trial’s timing could be hugely consequential, given that the legal proceeding is intertwined with the calendar of a presidential campaign in which Mr. Trump is now the front-runner for the Republican nomination.

For nearly two hours in Federal District Court in Fort Pierce, Fla., Judge Cannon, a Trump appointee, peppered prosecutors and the former president’s lawyers with questions that suggested she was in command of her courtroom and well-versed in the facts of the case.

Her decision about when to schedule the trial will be an early test for the judge, who came under widespread criticism last year after she rendered some decisions in a related case that were favorable to Mr. Trump at an early stage of the investigation.

At one point, Judge Cannon directly asked one of Mr. Trump’s lawyers, Christopher Kise, if he wanted to put off the trial until after the election. When Mr. Kise said he did, Judge Cannon told him that she wanted to focus on near-term issues like the amount of discovery evidence the defense had to review and the types of motions the lawyers planned to file.

As the hearing came to end, Todd Blanche, another one of Mr. Trump’s lawyers, asked Judge Cannon if the defense could return to court in November and reassess the trial schedule then. Appearing to pick up on the judge’s desire to create what she called “a road map” for the case, Mr. Blanche said that if a trial date absolutely had to be chosen, he would ask for one in mid-November 2024, after the election.

Timing is particularly important in this case because if the trial is delayed until after votes are cast and Mr. Trump wins the race, he could try to pardon himself or have his attorney general dismiss the matter entirely.

I imagine the Special Counsel would appeal to the 11th Circuit if Cannon has the nerve to schedule the trial after the election, as Trump wants.

One more tidbit from The Daily Beast: Ex-NYPD Commissioner Bernie Kerik ‘in Talks’ With Jack Smith’s Team, Lawyer Says.

Former New York City police commissioner Bernie Kerik is in talks to be interviewed by special counsel Jack Smith’s team investigating efforts to overturn the result of the 2020 presidential election, Kerik’s attorney said Tuesday. Kerik worked with Rudy Giuliani after the election to find evidence of voter fraud and later provided documents about a plan to keep Donald Trump in power to the House Jan. 6 committee. Tim Parlatore, a lawyer who quit Trump’s legal team in May and who now represents Kerik, was asked by Kaitlan Collins on CNN if he expected the former commissioner to receive a letter like the one Trump received informing him that he was a target of Smith’s investigation. Parlatore said Kerik hasn’t received a target letter and does not expect him to at any point. But when asked if Parlatore is “in talks” about Kerik having an interview with the special counsel, the attorney said: “Yeah sure, absolutely. Mr. Kerik has nothing to hide. He’s happy to sit down and explain everything to them.”

Cherry Blossoms in Dining Room, by Dmitri Cavander (USA b. 1969)Finally, news broke of another astonishing Trump crime yesterday–theft of valuable Israeli antiquities.

The New Republic: It Never Ends: Trump Took Precious Israeli Antiquities to Mar-a-Lago.

Trump’s Mar-a-Lago bathrooms and ballrooms were not just filled with top secret government documents. He apparently has also been hoarding temporarily loaned Israeli antiquities there for four years.

Haaretzreports that Israel lent the Trump White House antiquities, including ancient ceramic lamps from its national treasures collection, for a Hanukkah candle-lighting event in 2019. Israel Hasson, the then-director of the Israeli Antiquities Authority, approved the loan of the antiquities so long as they were returned within weeks.

Hasson told Haaretz that “we wanted our man to go and bring it back, but then Covid broke out, and everything got stuck.” So Hasson’s agency had asked Saul Fox, a major Jewish-American donor to the Antiquities Authority, to keep the items in tow until they could be brought back to Israel. But, Haaretz reports, Israeli authorities discovered several months ago that the antiquites instead ended up at Mar-a-Lago, “where they still remain.”

Eli Eskozido, the new Antiquities Authority head, has asked the Israeli government and Trump’s former U.S. ambassador to Israel to coordinate a return of the antiquities, but to no avail. One source told Haaretz that he wouldn’t be surprised if “the items Israel seeks are also eventually found in some bathroom.”

Republicans have bent over backward to show their inextinguishable support for Israel, but it’s unclear whether they will question why Trump has been harboring Israeli antiquities. After all, they had barely any criticism for his stealing of U.S. national security documents.

The extent of Trump criming is breathtaking, but his comeuppance is coming. As we say in the Midwest, he is up shit creek.

Have a wonderful Wednesday, Sky Dancers!!


Freedom Day Reads

Good Day, Sky Dancers, and Happy Juneteenth!

June is rapidly becoming my favorite month.  We’ve been celebrating Pride all month and are doing Juneteenth.  You can smell the white beans, andouille, and rice coming down the hall.  I realized so many things in the last two days about this neighborhood which was developed after the Louisiana Purchase in 1812.  Enjoyment was mostly possible because the tourists have gone. Temple and I danced in the streets for the third Sunday of Pride Tea. I am now a fan of Dancing Queen which I used to flip the channel to avoid back in the day.

My Dentist office defines the magic of the gumbo pot of our country. My hygienist and dentist are second generation from the South Vietnam Diaspora. The office area and the patients are racially diverse.  This would have been impossible not that long ago. The second thing is I thank all of the Congress and administrations that continue to support Medicare. I do not know what I would do with out it.

We’re in the midst of an extremely long and dangerous heatwave. We cannot stop using fossil fuels fast enough. This is the second year of this and it’s not normal at all. There are so many things you can experience if you just take time to look around you and see the daily sites and people that are part of your neighborhood.  I guess I should’ve spent more time reading Golden Books and watching Mister Rogers and Sesame Street.  It’s all here.

John Blake from CNN has this to say about the history of slavery that formed our country. “As the nation celebrates Juneteenth, it’s time to get rid of these three myths about slavery.” 

Temple “Tempie” Cummins stoically stares at the camera with her arms folded in her lap, sitting stiffly in a chair in her dusty, barren backyard with her weather-beaten wooden shack behind her. Her dark, creased face reflects years of poverty and worry.

The faded black and white image of Cummins from 1937 was snapped by a historian who stopped by her home in Jasper, Texas, to ask her about her childhood during slavery. Cummins, who did not know her exact age, shared stories of uninterrupted woe until she recounted how she and her mother discovered that they had been freed.

She said her mother, a cook for their former slave owner’s family, liked to hide in the chimney corner to eavesdrop on dinner conversations. One day in 1865, she overheard her owner say that slavery had ended, but he wasn’t going to let his slaves know until they harvested “another crop or two.”

“When mother heard that she say she slip out the chimney corner and crack her heels together four times and shouts, ‘I’s free, I’s free,’ ” Cummins told the historian, who recorded her story for a New Deal writers’ project that collected the narratives of the formerly enslaved during the Great Depression. “Then she runs to the field, ‘gainst marster’s will and tol’ all the other slaves and they quit work.”

Tempie Cummins, who was formerly enslaved, shared her story with a historian who recorded it for a New Deal writers’ project.

That story is one of the first recorded memoires of an experience that would inspire the creation of Juneteenth, an annual holiday celebrating the end of slavery that the US will commemorate this Monday. It marks the moment in June of 1865 when Union troops arrived in Texas to inform enslaved African Americans that they were free by executive decree. Many people like Cummins in remote areas of Texas and elsewhere did not know that they were free as their White owners hid the news from them.

Juneteenth has since become known as “America’s Second Independence Day.” Now a federal holiday, it will be celebrated by parades, proclamations, and ceremonies throughout the US. Though it commemorates a moment when enslaved African Americans were freed, the US is still held captive by several myths about slavery and people like Cummins.

One of the biggest myths that historians and storytellers have successfully challenged in recent years is that enslaved African Americans were docile, passive victims who had to wait until White abolitionists and “The Great Emancipator” Abraham Lincoln freed them. Black soldiers, for example, played a pivotal role in winning the Civil War. This new understanding of slavery has led to a rhetorical shift: It’s no longer proper to refer to people like Cummins as simply “slaves.”

“There’s been a shift in the historical community attempting to not define the period or the people by what was done to them in the sense that their identity becomes a noun, a slave, but rather that they are that they were in the process of being enslaved,” says Tobin Miller Shearer, a historian and director of African American Studies at the University of Montana.

“There were slavers who did that to them,” he says, “but there’s more to their identity than what was being done to them.”

Yet other myths about slavery persist, in part, because of the sheer enormity and brutality of slavery.

“The enslavement of an estimated ten million Africans over a period of almost four centuries in the Atlantic slave trade was a tragedy of such scope that it is difficult to imagine, much less comprehend,” Albert J. Raboteau wrote in “Slave Religion: The ‘Invisible Institution’ in the Antebellum South.”

So many events in our Country’s history are shameful.  Covering them up only serves the same masters who want to keep every one who is not like them oppressed and worse off or in a form of servitude.

In 1838 Cherokee people were forcibly moved from their homeland and relocated to Indian Territory, now Oklahoma.  They resisted their Removal by creating their own newspaper, The Cherokee Phoenix, as a platform for their views.  They sent their educated young men on speaking tours throughout the United States.  They lobbied Congress, and created a petition with more than 15,000 Cherokee signatures against Removal.  They took their case to the U.S. Supreme Court, which ruled that they were a sovereign nation n Worcester vs. Georgia (1832).  President Andrew Jackson ignored the Supreme Court decision, enforced his Indian Removal Act of 1830, and pushed through the Treaty of New Echota.
In 1838 Cherokee people were forcibly taken from their homes,  incarcerated in stockades, forced to walk more than a thousand miles, and removed to Indian Territory, now Oklahoma. More than 4,000 died and many are buried in unmarked graves along “The Trail Where They Cried.”

Vanessa Carr Kennedy (My Dear Friend)
Drag Queen Story Time at Longview Gardens Family Day. Note, no children, or parents were harmed in the filming of this movie.

A lot of this history has the same roots.  “Opinion: The Supreme Court is making religion an all-purpose excuse for ignoring the law. First it was wedding cakes, and now it’s wedding websites. Conservatives who oppose same-sex marriage are testing the line between religious freedom and unlawful discrimination.”  This is from the L.A. Times and Xiao Wang. Remember, there are Evangelical Christians that support genocide in this case and likely for others.

Looking for a federal law to be declared unconstitutional? Religion may well be your best bet — and that’s true regardless of how “real” your religious beliefs are.

That’s part of the thinking behind one case the Supreme Court heard this session and will resolve soon. In 303 Creative vs. Elenis, the court is considering the constitutionality of a Colorado statute prohibiting most businesses from discriminating against LGBTQ+ customers. Lori Smith, a Christian webpage designer, had wanted to expand into the wedding website business — but only for opposite-sex couples, a plan that would have violated the Colorado law at issue. Her lawyers made the case on free speech grounds, but given Smith’s religious beliefs, “religious freedom” represents an undeniable backdrop to the suit.

The 303 Creative case is no outlier. Religion-based claims have proliferated in recent years, and plaintiffs have often won because courts have almost invariably found their religious beliefs to be sincerely held. Meanwhile, the burden of proof for the government — that it is not unduly interfering in religious practice — has become much harder to prove.

A string of recent Supreme Court cases demonstrates how religion offers litigants a ready path to disobey laws without consequence. In the 2021-22 term alone, the Supreme Court decided several high-profile cases that affirmed religion’s supremacy.

In Kennedy vs. Bremerton School District, the justices determined that a high school football coach could not be placed on leave for violating a rule against public prayer. In Carson vs. Makin, it held that Maine was constitutionally required to subsidize religious schools. And in Ramirez vs. Collier, it postponed the execution of an inmate after he asked, at the 11th hour, that his pastor lay hands on him — despite having previously explicitly disclaimed the same form of relief.

Then, in a narrow 5-4 decision last September, the court left in place a New York state court decision requiring Yeshiva University to recognize an LGBTQ+ student group over the school’s purported religious objections. Ruling on technical grounds, the majority directed the university to first seek relief in state court. But four dissenting justices would have granted review to vindicate the university’s 1st Amendment rights — and those justices say that the university would “surely” win if the case comes back up, after state proceedings conclude.

How did these results come to be?

In the conventional understanding, religious exercise was cast off as an almost disfavored right. Courts were, historically, generally willing to let the government prevail whenever public policy and religion came into conflict. Now though, when the court says that government action affecting religious exercise must satisfy “strict scrutiny” — a notoriously difficult burden — it actually means it.

But that’s not the full story. Courts aren’t just making it harder for the government in these cases; they’re also making things easier for plaintiffs.

Plaintiffs must in theory show that their religious beliefs are sincerely held before strict scrutiny can kick in. This requirement dates to a 1944 decision, United States vs. Ballard, which for many years served as an effective gatekeeper against cries of “religion” casually trumping the law.

But in practice, this requirement has been hollowed out since at least the early 1990s.

How is it that so many of us–to include women–so definitely way up over 50% are now being subjected to disenfranchisement and not included.  Meanwhile, we’re stuck in this Rule of Law Soap Opera because a bunch of idiots who voted for this man and set up laws to disenfranchise us.  They also stacked courts so that the government has more say in what happens with women’s bodies than we do.  How is this the land of the Free?

This is from The Hill.  I pity judges who have to order things that any lawyer should stop his client from doing as a normal party of a case. “Judge orders Trump not to disclose evidence in documents case.” 

A federal magistrate judge Monday agreed to a motion from the Justice Department to block former President Trump from disclosing information relating to the Mar-a-Lago case, after prosecutors said the investigation remains ongoing.

The order sides with the Justice Department in allowing Trump to see evidence collected in the case — including classified documents — but only in the presence of his attorneys.

It also blocks him from disseminating any information from the case with reporters or on social media, mirroring a similar order agreed to in the hush money case being prosecuted by authorities in New York.

“Defendants shall only have access to Discovery Materials under the direct supervision of Defense Counsel or a member of Defense Counsel’s staff. Defendants shall not retain copies of Discovery Material,” Judge Bruce Reinhart, who approved the warrant to search Mar-a-Lago, wrote in the order.

The Justice Department in its Friday request said that restrictions were required, as its investigation could yield additional arrests.

“The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals,” the department wrote.

Now is the time for us to stand together.

Happy Freedom Day!  Independence Day comes up next!  Do you know where your civil liberties and civil rights are going?

What’s on your reading and blogging list today?

 

 

 


Totally Thursday Reads: Karma’s at Bat and Hits Home Runs

You can have your cake and eat it too. #IndictmentDay #WhichWitchHunt #DingDong John (repeat1968) Buss @repeat1968

Good Day, Sky Dancers!

I get to go to the doctor tomorrow, so BB and I traded days again.  Your eyes are not deceiving you! But, wow, did I get a Newsday today. I can’t see what’s going on in the news in the lowest hell realm, but they are celebrating a new denizen.

The New York Times obit for Payable to Pat Robertson is pretty disappointing. It not only displays its typical bothersiderism but acts like everyone loved him but us grumpy feminists and the GLBT community.

Let’s face it.  The man was walking evil.  I’m happier he’s gone than I was when Phyllis Schafly found her karmic spot in Avīci. There are actually 28 Naraka–hell realms–in Buddhist mythology. None of them are permanent, but then none of them are pleasant either.

Robertson’s run for president basically turned the Republican party into a place where culture war crusaders were welcomed and, dare I say, groomed for candidacy at all levels of government. He also was one of those who got everyone’s granny to give away her bank account by promising all kinds of things.  Count me among his detractors.

Witchhunts!  Witchcraft! WitchyWomen!  Oh My!  And the happiest tag of them all #IndictmentWatch!

Two UK newspapers have been on top of the news from yesterday. First, a Grand Jury in Florida is examing charges of espionage and obstruction.  This is from the Independent. “Prosecutors ready to ask for Trump indictment on obstruction and Espionage Act charges.” Andrew Feinberg has this excellent bit of reporting. Additionally, it mentions casually that President Biden “laughs off” pardoning Orange Caligula.

The Department of Justice is preparing to ask a Washington, DC grand jury to indict former president Donald Trump for violating the Espionage Act and for obstruction of justice as soon as Thursday, adding further weight to the legal baggage facing Mr Trump as he campaigns for his party’s nomination in next year’s presidential election.

The Independent has learned that prosecutors are ready to ask grand jurors to approve an indictment against Mr Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, transmitting or losing” any “information respecting the national defence”.

The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit Mr Trump’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Palm Beach, Florida property long after his term expired on 20 January 2021.

That section of US criminal law is written in a way that could encompass Mr Trump’s conduct even if he was authorised to possess the information as president because it states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document …relating to the national defence,” and “willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it” can be punished by as many as 10 years in prison.

It is understood that prosecutors intend to ask grand jurors to vote on the indictment on Thursday, but that vote could be delayed as much as a week until the next meeting of the grand jury to allow for a complete presentation of evidence, or to allow investigators to gather more evidence for presentation if necessary.

This looks to be a bit of brilliant lawyering. They know Trump will drag things out, and they know he always has arguments that do that.  This approach cuts off a lot of legal shenanigans and appeal opportunities. This is also the case with the selection of a Florida venue. They’re going for the quick kill.  This is Hugo Lowell’s offering from The Guardian.“Trump’s lawyers told he is target in Mar-a-Lago documents investigation.”  And there was much rejoicing in the streets!  Lowell appeared on MSNBC with Ari Melber yesterday evening, and wow, did he have the goods!

Federal prosecutors formally informed Donald Trump’s lawyers last week that the former president is a target of the criminal investigation examining his retention of national security materials at his Mar-a-Lago resort and obstruction of justice, according to two people briefed on the matter.

The move – the clearest sign yet that Trump is on course to be indicted – dramatically raises the stakes for Trump, as the investigation nears its conclusion after taking evidence before a grand jury in Washington and a previously unknown grand jury in Florida.

Trump’s lawyers were sent a “target letter” days before they met on Monday with the special counsel Jack Smith, who is leading the Mar-a-Lago documents case, and the senior career official in the deputy attorney general’s office, where they asked prosecutors not to charge the former president.

Trump has reportedly said he had not been personally informed by the justice department that he was a target when asked directly by a New York Times reporter, but demurred when asked whether his legal team had been told about the designation.

The development comes as prosecutors have obtained evidence of criminal conduct occurring at Mar-a-Lago and decided that any indictments should be charged in the southern district of Florida, where the resort is located, rather than in Washington, according to people familiar with the matter.

To that end, prosecutors last month started issuing subpoenas to multiple Trump aides that compelled them to testify before a new grand jury in Florida, impaneled around the time that the grand jury in Washington stopped taking new evidence, the Guardian previously reported.

It’s nice to see Fleet Street give both the New York Times and the Washington Post a comeuppance.  Their reporters are more like insiders than journalists on a beat.  More from Andrew Feinberg.

Let’s repeat this together. The Independent has learned that prosecutors are prepared to ask grand jurors to vote on charges as early as Thursday.”  #IndictmentWatch.

A separate grand jury that is meeting in Florida has also been hearing evidence in the documents investigation. That grand jury was empaneled in part to overcome legal issues posed by the fact that some of the crimes allegedly committed by Mr Trump took place in that jurisdiction, not in Washington. Under federal law, prosecutors must bring charges against federal defendants in the jurisdiction where the crimes took place.

Even if grand jurors vote to return an indictment against the ex-president this week, it is likely that those charges would remain sealed until both the Washington and Florida grand juries complete their work.

Another source familiar with the matter has said Mr Trump’s team was recently informed that he is a “target” of the Justice Department probe, which began in early 2022 after National Archives and Records Administration officials discovered more than 100 documents bearing classification markings in a set of 15 boxes of Trump administration records retrieved from Mar-a-Lago, the century-old mansion turned private beach club where Mr Trump maintains his primary residence and post-presidential office.

Over the course of the last year, grand jurors have heard testimony from numerous associates of the ex-president, including nearly every employee of Mar-a-Lago, former administration officials who worked in Mr Trump’s post-presidential office and for his political operation, and former high-ranking administration officials such as his final White House chief of staff, Mark Meadows.

Up next on the January 6th DOJ investigation is a subpoena for Steve Bannon.  We are going to get subpoenas on some MAGArat congress critters next, and hopefully, Ginnie Thomas.  I don’t know if there’s enough popcorn on the planet to carry us through the next few weeks.  It’s going to be a glorious Independence Day at this rate!

SCOTUS actually just did something surprising today on a day when everything has not been surprising but long overdue!  This is from NBC News,  “Supreme Court backs landmark voting rights law, strikes down Alabama congressional map. The justices threw out Republican-drawn congressional districts that a lower court said discriminated against Black voters.”   Lawerence Hurley has the lede. Please say this also pertains to the Gret State of Lousyana too!

The Supreme Court on Thursday struck down Republican-drawn congressional districts in Alabama that civil rights activists say discriminated against Black voters in a surprise reaffirmation of the landmark Voting Rights Act.

The court in a 5-4 vote ruled against Alabama, meaning the map of the seven congressional districts, which heavily favors Republicans, will now be redrawn. Chief Justice John Roberts and Justice Brett Kavanaugh, both conservatives, joined the court’s three liberals in the majority.

In doing so, the court — which has a 6-3 conservative majority — turned away the state’s effort to make it harder to remedy concerns raised by civil rights advocates that the power of Black voters in states like Alabama is being diluted by dividing voters into districts where white voters dominate.

In the ruling, Roberts, writing for the majority, said a lower court had correctly concluded that the congressional map violated the voting rights law.

In 2013, Roberts authored a ruling that gutted a separate, important provision of the Voting Rights Act and has long argued that various government efforts to address historic racial discrimination are problematic and may exacerbate the situation.

He wrote in Thursday’s ruling that there are genuine fears that the Voting Rights Act “may impermissibly elevate race in the allocation of political power” and that the Alabama ruling “does not diminish or disregard those concerns.”

The court instead “simply holds that a faithful application of our precedents and a fair reading of the record before us do not bear them out here,” Roberts added.

As such, the court left open future challenges to the law, with Kavanaugh writing in a separate opinion that his vote did not rule out challenges to Section 2 based on whether there is a time at which the 1965 law’s authorization of the consideration of race in redistricting is no longer justified.

Civil rights groups and their supporters, including the Biden administration, reveled in a largely unexpected victory.

I’m already in need of a 7th Inning Stretch!

Alright! Let’s get this post published and take it down the thread!

What’s on your reading and blogging list today?


Thursday Reads: #DeSaster and #Decorum Day

#DeSaster by Artist John Buss

Good Day, Sky Dancers!

I’m still recovering from all that grading, but at least I get to write about these ultra-embarrassing Maga Moments today!  This one is a hoot!  Weirdo Congresswoman MGT play-acting as the Speaker Pro Tempore. This is the woman that does everything but pig calls from her seat at anything she deems woke. This is from The Guardian. “House Democrats laugh off Marjorie Taylor Greene’s call for ‘decorum.’ Far-right Georgia Republican draws laughter after banging gavel and demanding order as Steve Scalise spoke.”  I’m relieved to see one media outlet call her far right instead of conservative for a change.

Democrats in the House chamber burst into raucous laughter when Marjorie Taylor Greene called for “decorum”.

The far-right Georgia Republican, controversialist and conspiracy theorist was presiding over the House on Wednesday as Steve Scalise, the Republican majority leader, was speaking.

Scalise was discussing the debt ceiling standoff between House Republicans and the Biden White House.

He said: “We are in fact the only body in this town who has actually taken steps to address the debt ceiling and the spending problem in Washington.”

An unseen lawmaker yelled something. From the dais, Greene pounded her gavel and called for order.

Scalise asked: “I ask that the House be in order and there be some decorum on the other side.”

After a pause, Greene pounded her gavel and said: “The members are reminded to abide by decorum of the House.”

The chamber erupted in laughter and catcalls. Greene banged her gavel repeatedly. Eventually, Scalise returned to his remarks.

 

We had an idea that the DeSantis blastoff with Twitter Monster Elon Musk would be a disaster but, now it’s being called a #DeSaster.  They own it.  This is from Susan B. Glasser at The New Yorker. “It Was More Than a #DeSaster. Ron DeSantis’s botched campaign launch suggests that he’s no Trump killer.” Did he remember to write “Be Likable” at the top of his notes?

I’ve long been of the view that Donald Trump is something akin to a horror-movie monster—a Godzilla or a T. Rex, say—for the American political system. In such movies, it’s often not the puny humans who take out the monster; it’s another monster. And in such a scenario it would seem to make perfect sense that only a Republican specifically engineered and optimized for the bizarre cult of G.O.P. politics in 2024 would be the right candidate to do the job on Trump. But if that’s the theory of the case for Ron DeSantis, the forty-four-year-old governor of Florida, the events of Wednesday evening showed it’s still very much an unproven theory.

Was DeSantis’s Presidential-campaign launch best described as a debacle? A farce? A nightmare? The Times called it a “meltdown.” Politico went with “horrendous.” Perhaps the best summation of Wednesday’s epic fail was #DeSaster, an actual trending hashtag on Twitter. Whatever one chose to call it, it’s a pretty bad sign for a campaign when the biggest controversy inspired by its début is what synonym for “terrible” to give it. And the problem wasn’t just the technical glitches. The start of the Twitter Spaces event featuring DeSantis and Twitter’s billionaire owner, Elon Musk, was delayed by more than twenty-five minutes while Musk audibly struggled to get his new platform to work. But just as wretched was what DeSantis had to say once he started talking, both on Twitter and in a subsequent interview on Fox News, which boiled down to a lot of complaints about the “legacy media” and little rationale for his candidacy.

Trump, whose name DeSantis never uttered on Wednesday night, welcomed the news of his rival’s implosion with a video of a rocket labelled “Ron 2024!” exploding on a launchpad. Don, Jr., gleefully compared DeSantis to the former Florida Republican governor eviscerated by his father in 2016. “DeSantis is making JEB! look high energy right now,” he taunted. Even Joe Biden, who unlike Trump was mentioned frequently by DeSantis, joined in. The President tweaked DeSantis in a tweet urging supporters to give money to his own campaign. “This link works,” Biden promised.

But the rush to mockery, though understandable, was also a bit of a distraction.

There are so many public guffaws over this it’s hard to keep track of the links.  But, here’s a good one from Axios. “DeSantis PAC adds fake fighter jets to launch video.”  All that was missing were the white boots, the pudding fingers, and the New Hampshire guffaw seen ’round the world.

The super PAC supporting Ron DeSantis’ presidential campaign altered footage to include the sound and sight of fighter jets flying over the Florida governor in its video promoting his campaign launch.

Why it matters: It’s the latest instance of political ads including digitally altered videos to promote or attack candidates, making it difficult for viewers to discern what’s real.

What they’re saying: The PAC did not deny altering the footage but responded to Axios’ questions by focusing on the video’s larger message.

  • Communications director Erin Perrine told Axios: “The ‘President for the People’ video encapsulates the mounting issues facing our nation caused by Joe Biden, and how Governor Ron DeSantis will stand up to the challenge, beat Biden, and turn our country around.
  • “This message and this election is so important for all Americans.”

Between the lines: The DeSantis PAC is a key part of his campaign, even though they cannot legally coordinate with each other.

Guess what’s going on with CPAC after its pious leader has been credibly accused of grabbing them by the balls?  Have we finally rid our country of the Hoedown of Hate?  This is from New York Magazine and Ben Jacobs. “CPAC Is Rocked by a Resignation.”

A top leader in the organization that puts on CPAC, the highly influential conference of conservative leaders, resigned on Tuesday night, citing financial mysteries surrounding the organization’s leader.

Bob Beauprez, the longtime treasurer of the American Conservative Union, said that he was not fully informed about money being paid for chairman Matt Schlapp’s legal defense against a lawsuit accusing him of sexual assault. “I cannot deliver a financial report at the upcoming board meeting with any confidence in the accuracy of the numbers,” Beauprez wrote in a letter to the ACU’s board of directors.

Schlapp did not immediately respond to a request for comment. Beauprez’s resignation comes at a time of crisis for the group as Schlapp fends off the lawsuit and CPAC’s influence dwindles in the post-Trump era.

Every time you deal with a Republican, you have to follow the money.

I’m ending on a different note.  The world is a better place because of Tiny Turner. She saved my life. She gave me the strength to leave an abusive relationship, and her mantra led me to my Buddhist path even though we belong to different sects.   She was not only the Queen of Rock and Roll but the Queen of many hearts. I saw this story and had to share it. “How Tina Turner Became the ‘Queen of Rugby League’ In Australia.”

The late Tina Turner had a river deep connection with Australia, one that was built on hits, touring, connections and a unique sporting alliance.

Turner’s extraordinary solo comeback in 1984 was engineered by Roger Davies, the great Australian artist manager who has guided the careers of Pink, Olivia Newton-John, Janet Jackson, Cher and many others. For bonus points, Davies was portrayed by one of his clients, James Reyne, frontman of Australian Crawl, in 1993’s What’s Love Got to Do With It, the award-winning autobiographical film based on Turner’s life.

The rocker also starred as Auntie Entity in 1985’s Beyond Thunderdome, the third in George Miller’s Mad Max action movie franchise.

The “Nutbush City Limits” singer, however, would tackle something no other U.S pop artist had done, when she committed to a series of much-loved campaigns for Australia’s premier rugby league competition.

From 1989 to 1995, Turner was the face of the New South Wales Rugby League (NSWRL) competition, now rebranded the National Rugby League (NRL), appearing alongside the game’s most famous athletes in national commercials, and sometimes on the ground for the sport’s showpiece events, including a set during the 1993 grand final at the Sydney Football Stadium.

Those campaigns included Turner’s hits “What You Get Is What You See” and “The Best,” and, for many sports fans and athletes in these parts, she represents a golden era for the code.

Thanks to her contribution as the competition expanded out of New South Wales, “The Best” is today recognized as the unofficial anthem of rugby league in Australia, a sport for only the knuckliest, toughest types in society.

Tina was simply the best.

What’s on your reading and blogging list today?

 


Thursday Reads

Good Morning!!

Everyone is talking about the shocking story about Clarence Thomas published early this morning at ProPublica. We knew that Thomas was corrupt, but the scale of the corruption revealed by authors Joshua Kaplan, Justin Elliott, and Alex Mierjeski is beyond mind-boggling. And they provide plenty of photos of Thomas enjoying luxury accommodations alongside the wealthy and powerful. Thomas never reported any of these gifts.

From the article:

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Get this: Thomas even went with Crow to the legendary Bohemian Grove.

More from the ProPublica article:

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

https://twitter.com/petestrzok/status/1643944883785289731?s=20

I haven’t finished reading the article yet, but I definitely will go back to it today.

This is from John Wagner at The Washington Post: Justice Thomas accepted luxury travel for years from GOP donor, report says.

Federal law mandates that top officials from the three branches of government, including the Supreme Court, file annual forms detailing their finances, outside income and spouses’ sources of income, with each branch determining its own reporting standards.

Judges are prohibited from accepting gifts from anyone with business before the court. Until recently, however, the judicial branch had not clearly defined an exemption for gifts considered “personal hospitality.”

Revised rules adopted by a committee of the Judicial Conference, the courts’ policymaking body, seek to provide a fuller accounting. The rules took effect March 14.

Gifts such as an overnight stay at a personal vacation home owned by a friend remain exempt from reporting requirements. But the revised rules require disclosure when judges are treated to stays at commercial properties, such as hotels, ski resorts or corporate hunting lodges. The changes also clarify that judges must report travel by private jet….

While the wide scope of Crow’s funding of Thomas’s travel has not been previously reported, the largesse of the billionaire donor directed at the justice has provoked controversy previously.

In 2011, the New York Times reported that Crow had done many favors for Thomas and his wife, notably financing the multimillion-dollar purchase and restoration of a cannery in Pin Point, Ga., that was a pet project of the justice.

The Times also reported that Crow helped finance a Savannah, Ga., library project dedicated to Thomas, presented him with a Bible that belonged to Frederick Douglass and reportedly provided $500,000 for Ginni Thomas to start a tea-party-related group.

Thomas, who joined the court in 1991, has drawn scrutiny on other ethical issues in recent years, several related to the political activism of his wife. She has been allied with numerous people and groups that have interests before the court, and she has dedicated herself to right-wing causes involving some of the most polarizing issues in the country.

In other news, reporters and legal experts are busy critiquing Manhattan District Attorney Alvin Bragg’s case against Donald Trump. Here’s one of the worst:

Shugerman writes: The Trump Indictment Is a Legal Embarrassment.

Tuesday was historic for the rule of law in America, but not in the way Alvin Bragg, the Manhattan district attorney, would have imagined. The 34-count indictment — which more accurately could be described as 34 half-indictments — was a disaster. It was a setback for the rule of law and established a dangerous precedent for prosecutors.

This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms.

The case appears so weak on its legal and jurisdictional basis that a state judge might dismiss the case and mitigate that damage. More likely, the case is headed to federal court for a year, where it could lose on the grounds of federal pre-emption — only federal courts have jurisdiction over campaign finance and filing requirements. Even if it survives a challenge that could reach the Supreme Court, a trial would most likely not start until at least mid-2024, possibly even after the 2024 election.

Instead of the rule of law, it would be the rule of the circus.

Let’s start with the obvious problem that the payments at issue were made around six years ago. The basic facts have been public for five years. There are undoubtedly complicated political reasons for the delay, but regardless, Mr. Bragg’s predecessor, Cyrus Vance Jr., had almost a year to bring this case after Mr. Trump left office, but did not do so, and Attorney General Merrick Garland’s Justice Department also declined. To address the perception of a reversal and questions of legitimacy, Mr. Bragg had a duty to explain more about the case and its legal basis in what’s known as a “speaking indictment,” which the team of former counsel Robert Mueller made famous in its filings.

Legal experts have been speculating about the core criminal allegation in this case, because the expected charge for “falsifying business records” becomes a felony only “when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

Astonishingly, the district attorney’s filings do not make clear the core crime that would turn a filing misdemeanor into a felony. Neither the 16-page indictment nor the accompanying statement of facts specifies, though the statement of facts does drop hints about campaign laws. In a news conference, Mr. Bragg answered that he did not specify because he was not required to by law. His answer was oblivious to how law requires more than doing the minimum to the letter — it demands fairness, notice and taking public legitimacy seriously. 

Phew! Now that’s a smackdown! 

Here’s different point of view from high profile attorney Harry Litman:

From the Los Angeles Times: Column: Don’t underestimate the strengths of Alvin Bragg’s case against Donald Trump.

Manhattan Dist. Atty. Alvin Bragg’s indictment of former President Trump takes an open-ended approach to the charges that some critics of the unprecedented prosecution see as a weakness. What the detractors have overlooked are the substantial and unanticipated legal and factual strengths in the case Bragg outlined.

A key question in advance of Tuesday’s unsealing of the indictment concerned how Bragg would augment the easily proven misdemeanor charges of falsifying business records. Under New York law, those offenses become felonies only if they’re in furtherance of another crime. Many theories were circulating as to what second crime Bragg would allege, and most of the possibilities had noteworthy shortcomings.

Bragg’s answer was essentially “I’ll tell you later.” He took advantage of the wording of the state law, which requires only that the misdemeanor be done in service of “a crime,” to buy himself maximum time and flexibility.

Bragg may have to pick his crime down the line, perhaps in answer to an expected defense motion for a “bill of particulars” — that is, a fleshing out of the Delphic indictment to enable Trump’s team to prepare an appropriate defense.

On the other hand, the prosecutor may not have to specify a second crime. The jury instructions on falsification of business records say it’s a felony if the defendant acted “with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.” It’s therefore not clear that they require the jury even to agree on what the augmenting crime is.

But Bragg this week also added a potent possible second crime beyond what many observers expected. It emerges from the fact that in making his lawyer Michael Cohen “whole” for the hush money he paid to Stormy Daniels, Trump included enough to compensate Cohen for the taxes he would have to pay on the “income” — that is, on the phony legal retainer that camouflaged the hush money.

It’s not clear whether Cohen in fact declared and paid taxes on the reimbursement or whether the Trump Organization declared it as a business expense. The Bragg team’s insight is that it doesn’t matter: The language that elevates business record falsification to a felony only requires “an intent to commit another crime or to aid or conceal the commission thereof.”

That purposely encompasses what lawyers call “inchoate” crimes. The law would plainly be satisfied by the inclusion of money intended to commit or conceal another crime — namely, a false tax filing — whether or not that crime occurred.

Importantly, this theory could be a way around the legal questions inherent in alleging that the second crime was a state or federal campaign finance violation.

Read the rest at the LA Times.

Another big and disturbing story is happening in Tennessee.

From Reuters: Tennessee Republicans likely to expel three Democratic lawmakers from statehouse.

Republicans who control the Tennessee House of Representatives will vote on Thursday on whether to expel three Democratic members for their role in a gun control demonstration at the statehouse last week.

Last Friday’s protest saw hundreds of demonstrators flood into the statehouse, four days after a Nashville school shooting ended with three 9-year-old children and three school staff members dead.

Three Democratic lawmakers stood on the House floor and used a bullhorn to lead protesters in chanting demands for stricter gun laws. In the resolutions calling for their expulsion, Republicans accused the three of engaging in “disorderly behavior” and said they “did knowingly and intentionally bring disorder and dishonor to the House of Representatives through their individual and collective actions.”

The expulsion vote is likely to easily pass in the Republican-dominated House and lead to the ouster of Rep. Gloria Johnson, Rep. Justin Jones and Rep. Justin Pearson. They say they were within their First Amendment rights to take part in the protest.

“It’s morally insane that a week after a mass shooting took six lives in our community, House Republicans only response is to expel us for standing with our constituents to call for gun control,” Jones wrote on Twitter this week. “What’s happening in Tennessee is a clear danger to democracy all across this nation.

Republicans Rep. Andrew Farmer, Rep. Gino Bulso, and Rep. Bud Hulsey filed three resolutions on Monday to expel their Democratic colleagues. The resolutions on Monday passed in a preliminary vote along party lines, 72-23.

Imagine if this insanity spreads to other Republican-controlled legislatures–and it very likely will, if it’s successful.

Commentary from Margaret Renkl at The New York Times: As Young People March for Their Lives, Tennessee Crushes Dissent and Overrides Democracy.

NASHVILLE — Yesterday the eyes of the country were on the indictment of a former president, along with the all too real possibility that political or public chaos would erupt as a result. Here in Tennessee, we were watching a different kind of chaos unfold as our state government doubled down on its love affair with guns, even in the immediate aftermath of a horrific school shooting. I wish I could tell you that guns were the worst of it.

Last Thursday, in the wake of the shooting, peaceful protesters at the Tennessee State Capitol rallied for gun reform. Activists waved signs in the statehouse gallery, and Representatives Justin Jones, Gloria Johnson and Justin J. Pearson, all Democrats, led them in chants from the House floor during breaks. Between bills, the lawmakers also approached the podium to speak. They did not wait to be formally recognized.

On Monday, statehouse Republicans stripped all three of their committee memberships and deactivated their ID badges. The Democrats “did knowingly and intentionally bring disorder and dishonor to the House of Representatives,” the formal resolutions against them read. Tomorrow, the House will vote on whether to expel the three lawmakers for talking out of turn.

Expulsion is extremely rare in Tennessee history. As the Politico reporter Natalie Allison pointed out on Twitter, the Tennessee House didn’t even vote to expel a Republican legislator who had been accused of sexually assaulting three teenage girls.

The resolutions against Mr. Jones, Ms. Johnson and Mr. Pearson were filed against a backdrop that highlights the absurdity of the actions Republicans have taken against them.

On Monday at 10:13 a.m., one week to the minute after a shooter armed with military-style weapons entered the church-affiliated Covenant School and murdered three children and three adults, more than 7,000 Nashville students staged a walkout to demand gun reform. It was a sight to behold: Vanderbilt University students marching down one street, Belmont University students marching down another, all of them joining a large crowd of high school and college students from around town. They were determined to speak as one voice directly to their government — to the only people with any power to reduce the risks they take just by going to class.

No place in this firearm-besotted country is safe from gun violence, but Tennessee students are at particular risk, and not just in school. They live in a state with some of the nation’s most permissive gun laws, as well as the highest rate of gun theft — and perhaps unsurprisingly, one of the highest rates of gun deaths.

Read the rest at the NYT.

Those are the top stories today, as I see it. I’ll add a few more in the comment thread. What do you think? What other stories have captured your interest?