Wednesday Reads: Trump is Out of Business in New York

Good Day!!

Lady_Justice_Eduardo_Rodriguez_Calzado, 2017

Lady Justice, by Eduardo Rodriguez, 2017

All hell broke loose in Donald Trump’s life yesterday afternoon. New York Supreme Court Judge Arthur Engoron cancelled his business licenses in the state and ordered them into receivership. Legal experts call this the “corporate death penalty.”

From long-time Trump expert David Cay Johnston at DC Report: Judge Gives Trump Organization the Corporate Death Penalty.

Donald Trump is no longer in business.

Worse, the self-proclaimed multibillionaire may soon be personally bankrupt as a result, stripped of just about everything because for years he engaged in calculated bank fraud and insurance fraud by inflating the value of his properties, a judge ruled Tuesday.

His gaudy Trump Tower apartment, his golf courses, his Boeing 757 jet and even Mar-a-Lago could all be disposed of by a court-appointed monitor, leaving Trump with not much more than his pensions as a one term president and a television performer.

A New York State judge on Tuesday cancelled all of the business licenses for the Trump Organization and its 500 or so subsidiary  companies and partnerships after finding that Trump used them to, along with his older two sons, commit fraud.

Under the New York General Business Law you can only do business in your own name as a sole proprietor or with a business license, which the state calls a “business certificate.”  All of Trump’s businesses were corporations or partnerships that require business certificates.

The civil fraud case was brought by Letitia James, the elected attorney general of New York State.

The evidence and the issues were so clear cut, Judge Arthur F. Engoron ruled on Tuesday, that there was no reason to waste the court’s time trying them.

In a 35-page decision, Judge Engoron also excoriated Trump and his lawyers for making nonsense arguments, so badly misquoting legal cases that they turned the law upside down, and other legal misconduct.

The judge also sanctioned Trump’s lawyers $7,500 each for repeatedly advancing frivolous arguments. Judge Engoron’s decision can be appealed, but that may not have much chance of succeeding.

I give Trump’s chances of prevailing on appeal at somewhere between zero and nothing except perhaps on some minor procedural point, which you can be sure Trump will describe as complete vindication.

The summary judgement decision Tuesday was partial, however.

A non-jury trial before Judge Engoron next week will determine how much Trump will be fined for his years of bank fraud and insurance fraud.

Barring a highly unlikely reversal by an appeals court, Trump’s business assets eventually will be liquidated since he cannot operate them without a business license. Retired Judge Barbara Jones was appointed to monitor the assets, an arrangement not unlike the court-supervised liquidation of a bankrupt company or the assets of a drug lord.

justice-pierre-subleyras

Justice, by Pierre Subleyras

I thought this piece by Jose Pagliery at The Daily Beast gave the clearest explanation of the details of the case among the many that I read: Trump Basically Just Lost the New York Bank Fraud Case Before It Even Started. I’ll post some of it, but I’d recommend read the whole article if you have the time and interest.

Former President Donald Trump, his top executives, and heirs were declared completely liable of “persistent and repeated fraud”—and the real estate empire was unceremoniously stripped of its business licenses in New York—after a judge’s powerful ruling Tuesday ahead of a massive trial that seeks to hit them with more than $250 million in penalties for bank fraud.

And in a stunning development, the judge has already ordered the complete dissolution of the fabled Trump Organization–the tycoon’s pride and joy, the empire that made him famous and elevated him into the White House. The Trump Organization and its sister companies will be sent into receivership to be under the control of a court-appointed officer.

Even before the trial officially starts, the ruling handed New York Attorney General Letitia James a near total victory, meaning that next week’s trial will mostly focus on damages that could pulverize whatever is left of Trump’s many business entities and bank accounts.

In his 35-page opinion, Justice Arthur F. Engoron tore apart what he called the Trump family’s “bogus arguments” and obstreperous conduct. And he summed up the entire defense as “a fantasy world, not the real world.”

“In defendants’ world: rent regulated apartments are worth the same as unregulated apartments; restricted land is worth the same as unrestricted land, restricts can evaporate into thin air… all illegal acts are untimely if they stem from one untimely act; and square footage [is] subjective,” he wrote.

Trump, several of his heirs, and top executives will now be fighting off accusations of bank and insurance fraud at a civil trial that’s scheduled to run from early October until late December. AG Letitia James seeks to punish them all for routinely lying about property values to score better deals. At trial, it will be up to Judge Engoron alone whether the Trumps will owe $250 million-plus in penalties, be prohibited from serving as executives, and have the company charters revoked.

Of course, Trump posted an idiotic statement on the decision to Truth Social. It’s reproduced in the article. A bit more on the case itself:

The judge’s ruling represents a significant setback for Trump by revoking his company’s authority to do business in New York, where the Trump Organization is headquartered and where Trump has major real estate interests. It also represents a victory for Attorney General Letitia James (D), who had asked that Engoron simplify the upcoming trial by deciding in advance that fraud was broadly committed so the state would need to prove only specific illegal acts.

On Tuesday, Engoron ripped the Trumps—and their lawyers—apart for dragging this on so long with legal arguments that wasted the courts time by repeatedly questioning whether the AG even had the authority to hold them accountable this way.

Justice by Francisca Vogel

Justice, by Francisca Vogel

Those arguments “glaringly misrepresent” the law and trying them again and again “invoke the time-loop in the film Groundhog Day,’” the judge wrote, calling attempts to topple the case this way “pure sophistry.”

Engoron also made the pivotal decision to keep all of the AG’s lawsuit intact, concluding that all of the real estate deals in question are not too old for law enforcement to crack down on for bank fraud. He brushed off the Trumps’ attempt to whittle down the lawsuit ahead of a trial that could drain the wealthy family’s bank accounts.

The timing of this decision also throws a wrench into the Trumps’ Hail Mary play, in which they sued the judge directly and prematurely asked a state appellate court to intervene because he hadn’t yet made his decision on the statute of limitations—an oddly aggressive move that reeked of delay tactics. That higher court, the appellate division’s First Judicial Department, has yet to weigh in. Doing so now might be a moot point. As such, the trial appears to be set to start next Monday, as planned.

There’s still more from the Judge on Trump’s fraudulent behavior at the link. Pagliery tweeted from the New York courthouse this morning, where Trump’s lawyers were back arguing with the judge this morning. Here’s his latest article:

Jose Pagliery at The Daily Beast: Team Trump Prepares for Doom at New York Bank Fraud Trial.

On the heels of yesterday’s critical court ruling ordering the death of the fabled Trump Organization, lawyers for Donald Trump appeared in court on Wednesday to pick up the pieces and make sense of how this can possibly get any worse for the former president.

Huge sections of the Trump family’s real estate empire are having their business licenses revoked, and the Trumps are losing control of their companies to a court-appointed official. The trial set to start next week threatens to empty their bank accounts too.

Half a day after Justice Arthur F. Engoron’s Tuesday ruling, it’s evident the real estate tycoon and his lawyers still aren’t sure what will happen to Trump’s Monopoly board collection of buildings in Manhattan and elsewhere.

“Certain of the entities own physical assets, like 40 Wall Street and Trump Tower. Are those assets now going to be sold? Or managed under direction of the monitor?” Trump defense lawyer Christopher Kise asked the judge in court.

After privately discussing the matter with his law clerk, the judge declined to make a final decision “right now.” But the judge made clear an independent person will play a role in determining the fate of this multibillion dollar network of companies, giving both investigators and the Trump family extra time to jointly find an outside official who can oversee this while they’re wrested from the family’s control.

Engoron on Tuesday decided that New York Attorney General Letitia James already proved the Trump family routinely lied to banks by wildly inflating property values for years—the first of seven counts in the AG’s lawsuit. Each count alleges a violation of the state’s Executive Law § 63(12), which keeps corporations honest. In court today, Trump’s attorneys asked a question dripping with existential dread.

“What’s the point of the others?” Kise asked the judge. “I don’t know how many 63(12) counts you need. You’ve already granted relief, except for disgorgement.”

Kise was referring to the next punishment the Trumps might face, as state investigators want to seize $250 million-plus in profits that they obtained after faking asset values on business paperwork submitted to banks for loans.

La Justice, by Gee

La Justice, by Gee

This process is going to be fascinating. My guess is it will end up taking a long time before we know the final upshot. But as of now, Trump has been stripped of his identity as a successful businessman. That has to be deeply humiliating for him.

Trump whisperer Maggie Haberman and fellow New York Times reporter wrote about this: Ruling Against Trump Cuts to the Heart of His Identity.

Nearly every aspect of Donald J. Trump’s life and career has been under scrutiny from the justice system over the past several years, leaving him under criminal indictment in four jurisdictions and being held to account in a civil case for what a jury found to be sexual abuse that he committed decades ago.

But a ruling on Tuesday by a New York State judge that Mr. Trump had committed fraud by inflating the value of his real estate holdings went to the heart of the identity that made him a national figure and launched his political career.

By effectively branding him a cheat, the decision in the civil proceeding by Justice Arthur F. Engoron undermined Mr. Trump’s relentlessly promoted narrative of himself as a master of the business world, the persona that he used to enmesh himself in the fabric of popular culture and that eventually gave him the stature and resources to reach the White House.

The ruling was the latest remarkable development to test the resilience of Mr. Trump’s appeal as he seeks to win election again despite the weight of evidence against him in cases spanning his years as a New York developer, his 2016 campaign, his efforts to overturn his 2020 election loss and his handling of national security secrets after leaving office.

The authors note that, so far, none of the cases against Trump have seemingly hurt his campaign to win the presidency again in 2024.

Whether the effect of Justice Engoron’s ruling is any different remains to be seen. But his finding imperils both Mr. Trump’s public image and his business empire. The former president now faces not only the prospect of having to pay $250 million in damages, but he could also lose properties like Trump Tower that are inextricably linked to his brand….

In all of Mr. Trump’s recent legal travails, his typical tactics for self-preservation have largely failed him. When cornered, Mr. Trump has traditionally sought to bluster his way out of trouble, falling back on exaggerations or outright lies to escape.

These methods have served him well in the business and political arenas, where there is often little price to pay for bending the truth and where voters tend not to distinguish between gradations of prevarications. Those methods, though, have been much less effective so far in the courts, which operate according to strict standards of veracity and staid and sober rules.

In straightforward terms, Justice Engoron punctured Mr. Trump’s bubble of protective falsehoods about the way he conducted his business.

More Interesting Stories to Check Out

NBC News: The FBI is probing whether Egyptian intelligence played a role in Bob Menendez’s alleged bribery scheme.

Molly Jong-Fast at Vanity Fair: Let’s Not Sleepwalk Into Another Trump Presidency.

Amanda Marcotte at Salon: President Drink Bleach says what? Trump now claims he beat George W. Bush and Barack Obama.

CNN: Commander Biden bites another Secret Service agent, the 11th known incident.

The New Republic: The Sick, Racist Message Behind Why Trump Chose That Particular Gun Store.

The Hill: FCC chair proposes reinstating Obama-era net neutrality rules.

The Messenger: Trump Adds Two Attorneys to Criminal Defense Team.

The Daily Beast: UAW Leader Has No Desire at All to Talk to Trump in Michigan.

Have a great Wednesday everyone!!


Thursday Reads

Good Morning!!

Satue of Liberty

Lately, I’ve been thinking about how to feel about our chances of saving American democracy. Now that Trump and many of his cronies have been indicted, can we breathe easy? I think things are looking better, but it looks like Trump will get the Republican nomination no matter what happens with all his criminal and civil cases. It’s also highly likely that Trump and many of his allies will appeal court decisions again and again in order to delay convictions.

It seems that the Georgia case is likely to proceed quickly; but Trump is going to try to get his case transferred to federal court, as Meadows has already done, and both of them are going to appeal a negative decision all the way to the Supreme Court.

The January 6 case is also moving fairly quickly; but, again, there will be appeals.

The stolen documents case looked promising, but Judge Cannon is determined to protect Trump. It’s likely that Jack Smith will eventually have to appeal her rulings to the 11th Circuit. Whether she can be removed from the case is an open question.

It is very likely to come down in the end to Joe Biden beating Trump again in the 2024 election. I believe he can do it, but those of us who care are going to have to go through some anxious times. I’d be interested to know how others feel about all this.

Now, here’s what’s happening in political news and opinion.

Yesterday, Mitch McConnell had another public episode of “freezing up” while speaking to reporters. I’m guessing this has probably happened more then once–just not during a public appearance.

These could be mini-strokes or symptoms of Parkinson’s disease, according to CNN’s Dr. Sanjay Gupta. Gupta also suggested that these episodes have likely been more frequent than we know, base on the way McConnell’s aides seemed to immediately know what to do.

The New York Times: McConnell Freezes Up a Second Time While Addressing Reporters.

Senator Mitch McConnell of Kentucky, the longtime Republican leader who has appeared increasingly diminished and frail after a series of falls and a serious head injury this year, froze up suddenly during a news conference on Wednesday in Covington, Ky., the second such episode he has experienced on camera in recent weeks.

Mr. McConnell, 81, was taking questions from reporters after an event hosted by the Northern Kentucky Chamber of Commerce when he was asked for his thoughts on running for re-election in 2026. Mr. McConnell, who appeared thinner and paler than he has in recent months, began to answer the question with a slight chuckle and abruptly stopped speaking for about 30 seconds, standing motionless as he gripped his lectern with his mouth pursed and his eyes fixed.

When an aide approached to ask if he had heard the question, he mumbled “yes,” but he seemed unable to continue speaking or to move.

It was the second such incident in two months, and the scene intensified questions about Mr. McConnell’s health condition, his ability to serve and his future in the Senate.

Mr. McConnell had a concussion in March when he fell at a Washington hotel during a fund-raising event, and was absent from the Senate for weeks while giving almost no updates on his health status. Since then, he has had at least two more falls, which his office did not disclose.

Read more at the NYT link.

Politico: McConnell quickly convenes with allies after second public freeze.

The Senate GOP leader paused for roughly 30 seconds during a press availability in Kentucky, a little more than a month after a similar episode in the Capitol in late July. His office attributed both episodes to lightheadedness, adding that McConnell would consult on Wednesday with a physician as a precautionary measure.

That explanation may not stem questions when the Senate reconvenes next week. While worries about McConnell’s first freeze had faded somewhat during August recess, with even some critics publicly defending his abilities, the second incident is sure to trigger increased scrutiny of McConnell’s hold on the conference, as well as who might succeed him.

Senators quickly sought more information about McConnell’s health after the incident, according to one person familiar with the dynamics. Shortly after the Wednesday incident, McConnell held calls with his closest allies including Minority Whip John Thune (R-S.D.), Conference Chair John Barrasso (R-Wyo.) and Sen. John Cornyn (R-Texas), according to people familiar with the calls. All of them are potential successors to McConnell.

What’s going on in the Senate GOP behind the scenes?

Internally, McConnell is facing dual dynamics: His potential successors — Cornyn, Thune and Barrasso — are backing his leadership, staying supportive and say he’s sharp. There’s no mechanism to force another leadership race until the end of next year, though a group of five senators can call a special conference meeting to discuss the matter.

There’s no sign of that yet, though some Republican senators privately say his grip on the caucus and his engagement in meetings has waned since March. The dynamics are complicated by McConnell’s 2022 leadership race, in which he both won handily and faced his first opposition ever. He beat Sen. Rick Scott (R-Fla.), a former chair of the National Republican Senatorial Committee, 37-10. That means he has a built-in group of detractors amid the latest health queries.

McConnell has led the conference since 2007, the longest run for a Senate party leader in history. He will be up for reelection in 2026, and his pause on Wednesday occurred after a question about whether he will run again.

The GOP leader still has unfinished business. He’s trying to facilitate more aid to Ukraine and offer an alternate vision to former President Donald Trump. Trump and McConnell haven’t spoken since December 2020, and Trump continues to advocate for Republicans to replace McConnell. The Kentucky Republican refuses to speak about Trump even as the presidential candidate cruises toward the GOP nomination.

McConnell is also highly focused on flipping the Senate in 2024, particularly after 2022’s disappointing election losses. And he’s hoping to help Daniel Cameron, a former aide, win the Kentucky governorship this fall, even dispatching his chief of staff to the state to help beat Democratic Gov. Andy Beshear. If there is a Senate vacancy, the governor would select the replacement from a small group of Republicans recommended by the state GOP.

What’s happening with McConnell also puts the spotlight on 90-year-old Diane Feinstein.

Politico: Feinstein is a silent character in her sad and messy final chapter.

SAN FRANCISCO — A beach house in an exclusive neighborhood. A trust fund worth more than most Americans will see in a lifetime. A family so prominent that the increasingly acrimonious legal dispute must be turned over to an out-of-town judge.

Dianne Feinstein

Sen. Dianne Feinstein (D-Calif.), flanked by aides, arrives for a Senate Judiciary Committee meeting on Capitol Hill May 11, 2023. (Francis Chung/POLITICO via AP Images)

The feud over the estate left by Sen. Dianne Feinstein’s late husband, Richard Blum, has many of the ingredients of a Netflix thriller — complete with a billion-dollar fortune and the potential for a season-ending cliffhanger over whether she will unleash political chaos by retiring from the Senate. It’s the story that everyone is whispering about given the messy final chapter in the life of a grand dame of California politics.

The family struggle that has emerged in recent weeks raises fresh questions about the 90-year-old senator’s ability to serve. A review of the San Francisco Superior Court file, along with a half-dozen interviews with family friends and associates, suggests Feinstein appears to be almost completely removed from the legal brawl, despite her stature and vast knowledge of government and the law.

“The estate battle is a spectacle that diminishes people’s image and memory of her,” said Jerry Roberts, a journalist who wrote a biography of Feinstein and has closely followed her career for 50 years. “It’s a great sadness.”

The family legal battle mirrors the uncomfortable debate over her future in Washington — with Feinstein herself largely silent about the drama surrounding her.

Feinstein continues to serve in Congress despite questions about her ability to hold office, including memory issues amplified by muddled public comments and concerns about her overall health following a bout of shingles that sidelined her for nearly three months.

The stakes for her party are huge. If she were to step down before her term ends in early 2025, Senate Republicans have said they would prevent another Democrat from taking her place on the Judiciary Committee to block President Joe Biden’s federal court appointments. The Democrats lack the 60 votes needed to change committee assignments.

Read the rest at Politico.

And what is that “stable genius” Trump up to?

The Daily Beast: Trump Posts More than 30 Video Rants in One Day on Truth Social.

Former President Donald Trump went absolutely buck wild online Wednesday, posting more than 30 angry videos railing against his 2020 opponent Joe Biden, the Department of Justice, Democrats in general, Fox News, special prosecutor Jack Smith, Rupert Murdoch, and his own attorney general Bill Barr, among others. He bragged that his recent interview with Tucker Carlson has beaten Oprah’s interview with Michael Jackson as the most watched in history, and claimed the first Republican primary debate on Fox News was “one of the lowest rated EVER, if not THE LOWEST.” After hours of posting the rambling video messages, he paused to wish everyone in Florida dealing with Hurricane Idalia well—but immediately returned to his furious ranting. It’s unclear if anything in particular prompted the display, though he did promise on Tuesday to post more videos covering “many subjects in many timeframes.”

You can find some of the crazy videos on Twitter. Here’s one if you’re curious.

Martin Pengally at The Guardian: Donald Trump vows to lock up political enemies if he returns to White House.

Donald Trump says he will lock up his political enemies if he is president again.

In an interview on Tuesday, the rightwing broadcaster Glenn Beck raised Trump’s famous campaign-trail vow to “lock up” Hillary Clinton, his opponent in 2016, a promise Trump did not fulfill in office.

Beck said: “Do you regret not locking [Clinton] up? And if you’re president again, will you lock people up?”

Trump said: “The answer is you have no choice, because they’re doing it to us.”

Trump has encouraged the “lock her up” chant against other opponents but he remains in considerable danger of being locked up himself.

ApNewsroom_APTOPIX_Georgia_Election_Indictment_65468Under four indictments, he faces 91 criminal charges related to election subversion, retention of classified information and hush-money payments to an adult film star. He denies wrongdoing and claims to be the victim of political persecution. Trials are scheduled next year….

Trump told Beck that Biden was behind the indictments against him. In fact, all were brought by prosecutors independent of the White House: 44 by the justice department special counsel Jack Smith, 34 by the Manhattan district attorney, Alvin Bragg, and 13 by Fani Willis, the district attorney of Fulton county, Georgia.

Trump also claimed “the woman that I never met, that they accused me of rape, that’s being run by a Democrat, a Democrat operative, and paid for by the Democrat [sic] party”.

That was a reference to civil claims brought by E Jean Carroll, a writer who says Trump sexually assaulted her in New York in the 1990s. Earlier this year, Trump was found liable for sexual abuse and defamation and fined about $5m. A second trial is due next year. The judge in the case has said Trump has been adjudicated a rapist.

Also facing investigations of his business affairs, Trump said Democrats and other opponents were “sick people … evil people”.

It’s still so hard for me to understand how anyone can support this maniac, but here we are.

The New York Times: Trump Asks to Dismiss Suit as A.G. Says He Inflated Worth by $2.2 Billion.

Before Donald J. Trump was indicted four times over, he was sued by New York’s attorney general, who said that for years the former president, his business and members of his family had fraudulently overvalued their assets by billions of dollars.

Before any of those criminal trials will take place, Mr. Trump is scheduled for a civil trial in New York in October. During the trial, the attorney general, Letitia James, will seek to bar him and three of his children from leading their family business, the Trump Organization, and to require him to pay a fine of around $250 million.

On Wednesday, Ms. James fired an opening salvo, arguing that a trial is not necessary to find that Mr. Trump and the other defendants inflated the value of their assets in annual financial statements, fraudulently obtaining favorable loans and insurance arrangements.

The fraud was so pervasive, she said in a court filing, that Mr. Trump had falsely boosted his net worth by between $812 million and $2.2 billion each year over the course of a decade.

“Based on the undisputed evidence, no trial is required for the court to determine that defendants presented grossly and materially inflated asset values,” the filing said.

But Mr. Trump’s lawyers, in their own motion, argued that the entire case should be thrown out, relying in large part on a recent appellate court decision that appeared as if it could significantly narrow the scope of the case because of a legal time limit. Mr. Trump had received most of the loans in question too long ago for the matter to be considered by a court, his lawyers argue.

Read more at the NYT.

One more before I wrap this up, an opinion piece by Chris Whipple (author of a book of White House chiefs of staff) in The New York Times: Mark Meadows Is a Warning About a Second Trump Term.

On Monday, Mark Meadows, a former White House chief of staff, testified in an effort to move the Georgia racketeering case against his former boss Donald Trump and co-defendants to federal court. On the stand, he said that he believed his actions regarding the 2020 election fell within the scope of his job as a federal official.

The courts will sort out his legal fate in this and other matters. If convicted and sentenced to prison, Mr. Meadows would be the second White House chief of staff, after Richard Nixon’s infamous H.R. Haldeman, to serve jail time.

But as a cautionary tale for American democracy and the conduct of its executive branch, Mr. Meadows is in a league of his own. By the standards of previous chiefs of staff, he was a uniquely dangerous failure — and he embodies a warning about the perils of a potential second Trump term.

Historically, a White House chief of staff is many things: the president’s gatekeeper, confidant, honest broker of information, “javelin catcher” and the person who oversees the execution of his agenda.

But the chief’s most important duty is to tell the president hard truths.

meadows-mug-President Dwight Eisenhower’s Sherman Adams, a gruff, no-nonsense gatekeeper, was so famous for giving unvarnished advice that he was known as the “Abominable No Man.” In sharp contrast, when it came to Mr. Trump’s myriad schemes, Mr. Meadows was the Abominable Yes Man.

It was Mr. Meadows’s critical failure to tell the president what he didn’t want to hear that helped lead to the country’s greatest political scandal, and his own precipitous fall….

There used to be stiff competition for the title of history’s worst White House chief of staff. Mr. Eisenhower’s chief Adams was driven from the job by a scandal involving a vicuna coat; Mr. Nixon’s Haldeman served 18 months in prison for perjury, conspiracy and obstruction of justice in the Watergate scandal; and George H.W. Bush’s John Sununu resigned under fire after using government transportation on personal trips.

But the crimes Mr. Meadows is accused of are orders of magnitude greater than those of his predecessors. Even Mr. Haldeman’s transgressions pale in comparison. Mr. Nixon’s chief covered up a botched attempt to bug the headquarters of the political opposition. Mr. Meadows is charged with racketeering — for his participation in a shakedown of a state official for nonexistent votes — and soliciting a violation of an oath by a public officer.

Mr. Meadows didn’t just act as a doormat to President Trump; he seemed to let everyone have his or her way. Even as he tried to help Mr. Trump remain in office, Mr. Meadows agreed to give a deputy chief of staff, Chris Liddell, the go-ahead to carry out a stealth transition of power to Joe Biden. This made no sense, but it was just the way Mr. Meadows rolled. Mr. Trump’s chief is a world-class glad-hander and charmer.

Read the rest at the NYT.

That’s it for me today. What stories are you following?


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?