Thursday Reads

spanish-still-life-Henri Matisse, 1911

Spanish Still Life, Henri Matisse, 1911

Good Morning!!

The Fox News-Dominion lawsuit and the Tucker Carlson-Kevin McCarthy effort to paint January 6 as a tourist visit are still getting the most attention in today’s political news. I’ll get to that in a minute. But first, Senate Minority Leader Mitch McConnell has been hospitalized after a fall last night. McConnell is 81.

The Washington Post: Mitch McConnell hospitalized after falling at hotel.

Senate Minority Leader Mitch McConnell (R-Ky.) has been hospitalized following a fall at a hotel in Washington, his spokesman said late Wednesday.

The 81-year-old senator was attending a private dinner at a local hotel when he tripped, spokesman David Popp said in a statement. “He has been admitted to the hospital where he is receiving treatment,” he added, without providing any further details on his condition.

McConnell, who is serving his seventh six-year term in the Senate, became GOP leader in 2007. He has held the post for longer than any other Republican and for years has been among the most powerful elected officials in Washington.

He previously underwent surgery following a serious fall in August 2019, when he fractured his shoulder after tripping outside his Louisville home. The procedure kept him out of the public eye for weeks as he spent the congressional break recovering at home and undergoing physical therapy.

The senator, who overcame polio as a child, also has a history of heart issues and underwent triple bypass surgery in 2003, just after being promoted to the No. 2 Senate Republican post.

When pictures emerged in 2020 showing his hands bruised and bandaged, he downplayed interest in his health as media hype. As of December, the average age in the Senate was 64.

We don’t know how serious his injuries are yet. Maybe we’ll learn something later today.

The latest on the Fox News-Dominion story. The “journalists” on the “news” side of Fox are pissed off.

Justin Baragona at The Daily Beast: Fox News Journalists Sound Off on ‘Soul-Crushing’ Dominion Filings.

“I think no regular person could read this and look at Fox like a news organization at this point.”

In the wake of bombshell legal filings showing that Fox News executives and stars seemingly sought to pacify their disgruntled MAGA viewers by airing election lies, while punishing and censoring the employees attempting to deliver the actual truth, the above observation has become commonplace within media circles.

Pierre Auguste Renoir, By the Water or Near the Lake 1880

Pierre Auguste Renoir, By the Water or Near the Lake 1880

But some of the shots are being fired from within the conservative cable giant.

According to nine Fox News staffers and insiders, the pre-trial filings in Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News further impugn and sully the reputation of the network’s “straight news” journalists, especially since they show Fox was “operating out of fear” over losing viewers to smaller right-wing competitors following its Decision Desk’s early (and accurate) Arizona election night call for President Joe Biden.

“We are not happy,” one reporter told The Daily Beast.

At the same time, five sources familiar with the situation say that despite the very public reputational harm resulting from the Dominion documents, the news side has been kept in the dark on the filings, with no communication from Fox’s corporate management or human resources department.

“It’s just a really bad time to be working here,” one news producer said.

The prime time entertainment stars have waged war on the “journalists,” despite the fact that everyone from Rupert Murdoch down knew that Trump’s claims that the 2020 election was stolen were complete nonsence.

More than anything, the tranche of internal messages and texts Dominion obtained from Fox executives, hosts, and producers show a network in full-blown crisis over the fear of losing its relevance within the conservative movement—and a network whose top stars loathed the fact-driven journalists on the “hard news” side.Rupert Murdoch, the head of the Fox empire, privately conceded that Trump’s claims were “really crazy stuff,” and Fox News CEO Suzanne Scott warned shortly after the election that they shouldn’t “give the crazies an inch.”

Even stars like Sean Hannity and Laura Ingraham privately trash-talked Team Trump’s “insane” fraud claims. But despite all that, the Fox hosts were simultaneously boosting them on the network’s airwaves in the days and weeks after the election.

More than anything, the tranche of internal messages and texts Dominion obtained from Fox executives, hosts, and producers show a network in full-blown crisis over the fear of losing its relevance within the conservative movement—and a network whose top stars loathed the fact-driven journalists on the “hard news” side.Rupert Murdoch, the head of the Fox empire, privately conceded that Trump’s claims were “really crazy stuff,” and Fox News CEO Suzanne Scott warned shortly after the election that they shouldn’t “give the crazies an inch.”

Even stars like Sean Hannity and Laura Ingraham privately trash-talked Team Trump’s “insane” fraud claims. But despite all that, the Fox hosts were simultaneously boosting them on the network’s airwaves in the days and weeks after the election.

Other hard news Fox hosts such as Neil Cavuto and Leland Vittert also found themselves in the crosshairs for pushing “anti-Trump” narratives in the days following the election.

There’s much more on the “news” vs. entertainment war at the link above.

Field Flowers, Andrew Wyeth

Field Flowers, Andrew Wyeth

Brian Stelter at Vanity Fair: “We’re All Embarrased”: Inside Fox News as Dominion Revelations Rattle the Network.

Stelter writes that Fox has been holding workshops for its employees on libel law, including the concept of “actual malice.”

Insiders say the workshops have happened for years. Indeed, legal refreshers are routine at major media companies—make sure you ask for comment, choose your adjectives carefully, attribute incendiary claims. But there is nothing routine about this moment in Fox News history. Every new legal filing in Dominion’s $1.6 billion defamation suit sets off a wave of coverage, criticism, and mockery, from the front page of The New York Times to the cold open of Saturday Night Live. More revelations came Tuesday, including Tucker Carlson saying of Donald Trump, “I hate him passionately,” and Rupert Murdoch saying “I hate our Decision Desk people”—the ones who accurately projected that Joe Biden had beat Trump.

From a corporate HR standpoint, some of the most destabilizing texts show Fox’s most powerful opinion hosts—Carlson, Sean Hannity and Laura Ingraham—dumping on their colleagues on the “news” side. New court filings show the opinion hosts derided numerous Fox reporters by name. “We thought they hated us,” one correspondent said, “but now we know it in their own words.”

For the people caught up in the case, whose private messages are being exposed and ridiculed, the process is “excruciating,” an on-air personality said. However, they have had months to prepare for this moment, since the discovery procedures and depositions ate up much of last year.

A Fox News spokeswoman declined to comment on Vanity Fair’s reporting about the recent legal training classes—or whether stars like Hannity had to participate. But in a statement Tuesday about the new filings, Fox accused Dominion of distorting the truth “in their PR campaign to smear FOX News and trample on free speech and freedom of the press.”

Such official dismissals aren’t shutting down the chatter inside Fox, though employees are cautious about when and where they gossip about the latest cache of private exchanges made public. “We’re very careful when we’re miked up,” said the on-air personality. “And we’re not texting about it.” Half a dozen Fox employees found other ways to share insights for this story. All were granted anonymity because they would never be allowed to address such a sensitive subject on the record. Even the network’s own media analyst, Howard Kurtz, has been muzzled: He disclosed on February 27 that “the company has decided that as part of the organization being sued, I can’t talk about it or write about it, at least for now.”

Again, you can read much more about the internal war at the network at the Vanity Fair link.

There’s also a battle raging between Fox News and Donald Trump.

The Washington Post: Inside the simmering feud between Donald Trump and Fox News.

Donald Trump got a tip-off on Saturday that the Fox News Channel would be taking his Conservative Political Action Conference speech live, a switch from the network’s largely indifferent posture toward the former president since he helped send it into crisis after the 2020 election.

amaryllis-1910, Piet Mondrian

Piet Mondrian, Amaryllis, 1910

Trump decided he could not pass up the opportunity to send a message.

“I hope Fox doesn’t turn off, but we did much better in 2020 than we did in 2016,” he said in an apparent reference to the false election claims that were at the center of many of the network’s controversies, including a $1.6 billion defamation lawsuit against Fox News that has led to a massive release of internal company documents.

It was just another volley in a low-grade war — some of it public, much of it hidden — that has emerged as one of the defining dynamics in the Republican Party as the 2024 presidential campaign gets underway. Trump’s advisers see in Fox News leadership a clear adversary in their march back to the White House and have sought to foster a divide between executives and “the brave and patriotic” opinion hosts with whom he continues to have relationships.

Trump attacked Fox Chairman Rupert Murdoch by name this month, calling him and his executives a “group of MAGA hating Globalist RINOS” who are “aiding & abetting the destruction of America.” Trump’s son, Donald Trump Jr. — noting that he had not been invited on the network in six months — accused Fox News leaders last week of harboring an “America Last, war forever, garbage, fold-to-the-Democrats agenda.” Other allies, such as Stephen K. Bannon, have shredded the network in public.

Documents uncovered by ongoing litigation have also revealed the extent of the ongoing hostility toward Trump from Murdoch and other top executives, both before and after the Jan. 6, 2021, attack on the U.S. Capitol. The Fox News boss emailed a former company executive in early 2021 that the goal was “to make Trump a non person.” Fox News board member Paul D. Ryan, a former Republican House speaker, told another Fox executive around the same time that he had communicated to both Rupert Murdoch and Fox Corp. CEO Lachlan Murdoch that there was a “huge inflection point to keep Trump down and move on.”

Good luck with that. Trump is never going to stop making trouble for all of us until he finally kicks the bucket.

The New York Times: Records Show Fox and G.O.P.’s Shared Quandary: Trump.

“Do we have enough dead people for tonight?”

It was a week after the 2020 elections, and Tucker Carlson — along with Fox News executives and other hosts — had watched with panic as Fox viewers, furious and disbelieving at President Donald J. Trump’s defeat, began to turn against the top-rated network. The viewers believed Mr. Trump’s claims that a widespread conspiracy of voter fraud was behind his loss. And as Mr. Carlson’s nightly 8 p.m. hour approached, the host pushed his producers to give the viewers what they wanted.

He demanded examples of dead people voting in Nevada or Georgia, even offering to call the Trump campaign personally to ask for help. That night, he trumpeted the evidence, borrowed from a Trump campaign news release: Four allegedly dead Georgians had cast ballots. Within days, though, the campaign’s spoon-fed examples began to fall apart. Three of the dead Georgians were actually alive. And Mr. Carlson was forced to partly retract his allegations, while insisting to viewers that “a whole bunch of dead people did vote.”

Alfred_Sisley_The small meadows in spring

Alfred_Sisley, The Small Meadows in Spring

Mr. Carlson’s frantic effort to appease angry Fox viewers, revealed in texts and emails released as part of a $1.6 billion defamation suit against Fox News by Dominion Voting Systems, underscore the central quandary faced both by Fox and the Republican Party in the wake of Mr. Trump’s defeat and still today, as the former president mounts another campaign for the White House.

Like the Republican Party more broadly, Fox wants and needs the support of Trump fans, who both dominate party primaries and form the core of Fox’s viewership. And like the party, Fox has found it difficult to quit Mr. Trump even as his manic efforts to relitigate his defeat have hobbled the party in subsequent elections.

Fox News has been the most trusted and watched source of information for conservative America for decades, and its frequent symbiosis with the Republican Party is well established. But the internal documents released in recent days have provided an unprecedented glimpse into network decision-making as its dual imperatives — to keep its base audience of conservatives satisfied and meet its promise to maintain journalistic standards of fairness and factuality — came into conflict as never before.

This is one of those long, gossipy articles, mostly focusing on Tucker Carlson. Read the rest at the NYT.

For more on Carlson’s struggles, you can also read this piece at Politico by media reporter Jack Shafer: Opinion | The Tucker Carlson Schtick Melts Away. We finally know what the Fox News host really believes.

Also check out this story by Olivia Beavers and Sarah Farris at Politico: McCarthy’s GOP tries to move on from Tucker Carlson-Jan. 6 drama.

Mere hours after Tucker Carlson’s latest segment minimizing the Jan. 6 Capitol attack, House Republicans were eager to change the subject from the Fox News host’s riot revisionism.

While Carlson continued to roil Washington, many GOP lawmakers who gathered Wednesday morning were celebrating their unexpected win on a bill rolling back progressive D.C. crime laws and plotting their response to Thursday’s White House budget.

Carlson didn’t come up at all during House Republicans’ meeting, according to four members in the room who spoke on condition of anonymity. And not a single GOP lawmaker asked about it when given the chance to speak. In fact, some members were privately surprised by the amiability of this week’s first closed-door huddle — generally because there is usually some drama, but particularly since the Fox News segment has publicly reopened painful cross-party fissures over Jan. 6, 2021.

Yet Speaker Kevin McCarthy’s decision to let Carlson access thousands of hours of Capitol footage from the riot has left a lingering cloud over his own leadership team, which was repeatedly pressed about the move as Carlson continues to downplay the violence of the siege by supporters of former President Donald Trump. Senate Republicans heaped criticism Tuesday on Carlson’s portrayal of the riot, led by Minority Leader Mitch McConnell (though few directly dinged McCarthy).

“It seems like some in the press want to talk about Jan 6 every day. So do Democrats. They only want to talk about certain parts of it, though,” House Majority Leader Steve Scalise (R-La.) told reporters during a press conference where every question focused on the Fox News footage.

spring-flowers-1884, Claude Monet

Spring Flowers, 1884, by Claude Monet

Other House Republicans are planning to “investigate” the January 6 Committee investigation. NBC News: Republicans launch an investigation into the Jan. 6 committee that examined the riot.

A Republican-controlled House committee launched an inquiry Wednesday into the Democratic-controlled Jan. 6 committee, which a staff member said will review whether pertinent information about the riot was omitted from the high-profile examination of the attack on the U.S. Capitol.

Many House Republicans were vocal critics since the creation of the Jan. 6 committee, and the inquiry seems to make good on lawmaker campaign trail vows to investigate the investigators.

The House Administration’s subcommittee on oversight will be combing through the massive amount of records collected by the Jan. 6 committee, which was dissolved in January, said the staffer, with the goal of analyzing how the panel conducted the investigation….

The subcommittee — made up of four Republicans and two Democrats — will be looking into roughly two million documents and records, the source said, which the House Administration Committee obtained from the House Rules Committee after the Jan. 6 panel was dissolved.

The subcommittee will be led by Rep. Barry Loudermilk, R-Ga., a Trump ally who had his own run-in with the Jan. 6 committee. The panel accused Loudermilk of giving tours of the Capitol in the days leading up to the riot.

Video footage showed Loudermilk guiding a tour of House office buildings during a time when the complex was closed off to visitors because of pandemic restrictions. Loudermilk has strenuously denied that the group he was leading was using the tour to inspect the facility ahead of the riot.

I suspect this “investigation” will be about as successful as Jim Jordan’s “weaponization of government” subcommittee.

One more January 6 story from Politico’s Alexander Burns: A Startling Document Predicted Jan. 6. Democrats Are Missing Its Other Warnings.

Weeks before the 2020 election, a secret 87-page document outlined in matter-of-fact language the threat posed by Donald Trump’s still-to-come campaign of election denial. The private paper — the existence of which has not been reported before — forecast with chilling confidence the likelihood of violence during the presidential handover and proposed a far-reaching set of political reforms to thwart Trumpism in the future.

Americans remember that dark winter well. But the impetus for structural change has faded, even among Democrats who still privately seethe about the country’s broken political system — and fear an uglier meltdown could come in 2024 or beyond.

Irises and Roses, Vincent Van GoghThe report carried a plain title: Plan D. Reading it, I wondered if the D stood for “doomsday.”

Actually, the letter was not a cipher. Plan D was the fourth of several studies organized by an opaque advocacy group, known as the Hub, to prepare for the depredations of the Trump era. The Hub is known in Washington for its sophisticated dark-money interventions in electoral politics. During the 2020 campaign, it also gathered up strategists, lawyers and activists to draft plans for a different kind of conflict.

The document is an artifact from a dangerous time: Warning that Trump would surely not concede defeat to Joe Biden, it advised Trump’s opponents to “assume the worst” would follow. It urged them to gird for a struggle not only with the president but with “institutions controlled or influenced by the GOP, including the courts.” The document forecast “militia and white supremacist activities through the inauguration — and, very likely, accelerated activity in the early months of a Biden administration.”

Plan D is sobering reading even today. It is a catalog of the defects in America’s electoral process and political culture that made it vulnerable to a rampaging demagogue— defects that some Democrats wanted to fix with drastic measures.

Should Biden lose narrowly, the report said, “layers of illegitimate structures and interventions will have contributed to it.” It closed with a warning against complacency even if Trump were to be defeated.

“A Biden win will not prove that our democracy is healthy,” the document argued, continuing: “Win, lose, or draw, we should perceive ourselves not in a singular moment of crisis but rather in what may be an era of existential challenge for American democracy.”

It’s a long read, and pretty dispiriting.

A few more stories, links only:

The New York Times: Former Army Private Sentenced to 45 Years in Neo-Nazi Plot to Kill Soldiers.

The Washington Post: GOP operative comes forward as accuser in sexual misconduct claim against CPAC head.

NBC News: 6-year-old who shot teacher won’t face charges, prosecutor says.

The Washington Post: The fear and fury of these Florida parents.

That’s it for me today. Have a great Thursday everyone!!


Friday Reads

Félix Vallotton, Laid down woman, sleeping, 1899, private collection.

Félix Vallotton, Lain down woman, sleeping, 1899, private collection.

Good Morning!!

I’m filling in for Dakinikat today, while she takes her cat Keely to the vet. Keely hasn’t had any problems since the seizure a few days ago, but she needs to be checked out and also get some shots. I’m curious to know what the vet thinks–I hope Dakinikat will update us later on.

The one-year anniversary of Russia’s invasion of Ukraine is getting lot of coverage today.

This is from The New York Times’ live updates: Here’s what to know on the first anniversary of Russia’s invasion of Ukraine.

With messages of support and new pledges of weapons, allies rallied around Ukraine on Friday as the first anniversary of Russia’s invasion prompted shows of solidarity around the world and a mix of anxiety and resolve in Ukraine.

“We will be victorious,” President Volodymyr Zelensky of Ukraine told a news conference, saying that Ukraine could win the war this year as long as its allies remain united “like a fist” and continue delivering weapons.

Even as leaders in Ukraine and around the world marked the anniversary with ceremonies and speeches, the fighting continued much as it has for the past year. The war has already done untold damage: Tens of thousands have been killed on both sides, millions of Ukrainians have been made homeless, and Ukraine has sustained tens of billions of dollars worth of damage that has left cities flattened and people around the country grappling with dark and cold.

But Ukrainians have also found strength in shared sacrifice, and hope in the setbacks their country’s forces have dealt Russia on the battlefield. Ukraine has largely stopped the offensives of its much larger and better-armed neighbor and has regained swathes of captured land, aided by the United States and its European allies, which have remained united, funneling billions of dollars of weapons to Kyiv.

The war has reverberated around the globe, reshaping and strengthening alliances, and affecting everything from grain prices to energy policy. But even as Russia found itself more isolated from the West, sanctions have failed to bring the country to its knees, and much of the rest of the world has continued to provide economic or diplomatic support to Moscow.

Read more details and updates at the NYT link.

From the AP: US commits $2 billion in drones, ammunition, aid to Ukraine.

The Pentagon announced a new package of long-term security assistance for Ukraine on Friday, marking the first anniversary of Russia’s invasion with a $2 billion commitment to send more rounds of ammunition and a variety of small, high-tech drones into the fight.

The announcement comes just days after President Joe Biden made an unannounced visit to Kyiv and pledged America’s continuing commitment to Ukraine. Biden told President Volodymyr Zelenskyy and his people that “Americans stand with you, and the world stands with you.”

John William Godward, Expectation

John William Godward, Expectation

In a statement Friday, the Pentagon said the aid includes weapons to counter Russia’s unmanned systems and several types of drones, including the upgraded Switchblade 600 Kamikaze drone, as well as electronic warfare detection equipment.

It also includes money for additional ammunition for the High Mobility Artillery Rocket Systems, artillery rounds and munitions for laser-guided rocket systems. But, in an unusual move, the Pentagon provided no details on how many rounds of any kind will be bought. Including this latest package, the U.S. has now committed more than $32 billion in security assistance to Ukraine since Russia’s invasion.

Defense Secretary Lloyd Austin said in a statement that the first anniversary of Russia’s invasion is a chance for all who believe in freedom “to recommit ourselves to supporting Ukraine’s brave defenders for the long haul — and to recall that the stakes of Russia’s war stretch far beyond Ukraine.”

Biden was scheduled to meet virtually Friday with other Group of Seven leaders and Zelenskyy “to continue coordinating our efforts to support Ukraine and hold Russia accountable for its war,” the White House said.

Those efforts include what the White House called “sweeping” sanctions on over 200 people and entities “to further degrade Russia’s economy and diminish its ability to wage war against Ukraine.” The Biden administration will also further restrict exports to Russia and raise tariffs on some Russian products imported to the U.S.

CNN has a story on the new sanctions: US Treasury takes ‘one of its most significant sanctions actions to date’ on anniversary of Russia’s war against Ukraine.

The US Treasury Department on Friday took what it called “one of its most significant sanctions actions to date” to crack down on those aiding Moscow’s war against Ukraine, targeting Russia’s metals and mining sector, its financial institutions, its military supply chain and individuals and companies worldwide that are helping Moscow avoid existing sanctions.

These latest actions by the Treasury Department are among a series of new measures announced by the Biden administration Friday that are meant to strengthen Kyiv and deter those providing support to Moscow as the war enters its second year without signs of abating.

Friday’s sweeping actions are meant to fill in gaps in existing sanctions that have been imposed over the past year of the war and are intended to impair “key revenue generating sectors in order to further degrade Russia’s economy and diminish its ability to wage war against Ukraine,” according to a White House fact sheet.

Frederic Leighton, Flaming June

Frederic Leighton, Flaming June

The administration on Friday imposed sanctions against a total of “over 200 individuals and entities, including both Russian and third-country actors across Europe, Asia, and the Middle East that are supporting Russia’s war effort,” according to the White House fact sheet.

The latest tranche of Treasury Department sanctions target a total of 22 individuals and 83 entities, according to a Treasury Department news release, and were taken in coordination with the Group of 7 nations.

The US State Department also imposed sanctions on dozens of Russian officials and entities involved in the war and will take “steps to impose visa restrictions on 1,219 members of the Russian military, including officers, for actions that threaten or violate the sovereignty, territorial integrity, or political independence of Ukraine,” US Secretary of State Antony Blinken said in a statement. Three Russian military officials – Artyom Igorevich Gorodilov, Aleksey Sergeyevich Bulgakov, and Aleksandr Aleksandrovich Vasilyev – will be blocked from entering the US due to their involvement “in gross violations of human rights perpetrated against Ukrainian civilians and prisoners of wars,” Blinken said.

You can also check these two longer reads about Ukraine:

Defense One: EXCLUSIVE: Seven Former NATO Supreme Allied Commanders Say U.S. ‘Must Do Everything We Can’ for a Ukrainian Victory.

Politico has an oral history of the Russian invasion, compiled from hours of interviews by Politico reporters: ‘Something Was Badly Wrong’: When Washington Realized Russia Was Actually Invading Ukraine.

There is some breaking news about the Mar-a-Lago stolen documents case. Both The Guardian and CNN are claiming exclusives.

The Guardian: Classified Trump schedules were moved to Mar-a-Lago after FBI search – sources.

Donald Trump’s lawyers found a box of White House schedules, including some that were marked classified, at his Mar-a-Lago resort in December because a junior aide to the former president had transported it from another office in Florida after the FBI completed its search of the property.

The former president does not appear to have played a direct role in the mishandling of the box, though he remains under investigation for the possible improper retention of national security documents and obstruction of justice. This previously unreported account of the retrieval was informed by two sources familiar with the matter.

Known internally as ROTUS, short for Receptionist of the United States, the junior aide initially kept the box at a converted guest bungalow at Mar-a-Lago called the “tennis cottage” after Trump left office, and she soon took it with her to a government-leased office in the Palm Beach area.

Mary Cassat, Girl in a Blue Armchair

Mary Cassatt, Girl in a Blue Armchair

The box remained at the government-leased office from where the junior aide worked through most of 2022, explaining why neither Trump’s lawyer who searched Mar-a-Lago in June for any classified-marked papers nor the FBI agents who searched the property in August found the documents.

Around the time that Trump returned to Mar-a-Lago from his Bedminster golf club in New Jersey at the end of the summer, the junior aide was told that she was being relocated to a desk in the anteroom of Trump’s own office at Mar-a-Lago that previously belonged to top aide Molly Michael.

The junior aide retrieved her work belongings – including the box – from the government-leased office and took them to her new Mar-a-Lago workspace around September. At that time, the justice department’s criminal investigation into Trump’s retention of national security documents was intensifying.

Read the rest at The Guardian.

CNN: Exclusive: How a box with classified documents ended up in Trump’s office months after FBI searched Mar-a-Lago.

The Justice Department wants to know how a box containing a handful of classified records scattered among copies of presidential schedules turned up at Mar-a-Lago late last year, well after several rounds of searches of the property by federal agents and aides to former President Donald Trump, according to people familiar with the matter.

Investigators working for special counsel Jack Smith in recent weeks have interviewed a Trump aide who copied classified materials found in the box using her phone to put them onto a laptop. After a voluntary interview with the aide, prosecutors subpoenaed the password to the laptop, which she provided, according to one of the sources.

The classified documents contained in the box were discovered in December, after the Justice Department told Trump’s legal team to conduct yet another search for documents at Trump’s Mar-a-Lago resort.

People familiar with the Trump legal team’s efforts to locate documents describe a confusing chain of events that delayed discovery of the box, including having its contents uploaded to the cloud, emailed to a Trump employee, and moved to an offsite location before finally ending up back at a Mar-a-Lago bridal suite that is now Trump’s office – the very place that the FBI had searched just weeks earlier….

The odyssey of the box has been a recent focus of Smith’s investigation into the mishandling of classified documents at Mar-a-Lago, according to people familiar with the line of questioning from federal prosecutors. The haphazard handling of documents that ended up online, on computers and moved around to multiple locations could further complicate Trump’s case in an investigation with criminal implications.

One person who described the box’s movements and the special counsel’s inquiry into it described federal investigators as suspecting a “shell game with classified documents.” The person said Trump’s daily movements and instructions to staff are a core part of prosecutors’ questions as well.

More details at CNN.

Mike Pence is getting quite a bit of attention in the news today, and it’s not positive attention.

CBS News: Special counsel asks judge to compel Mike Pence to testify in Jan. 6 probe.

Federal prosecutors have asked the chief judge in Washington, D.C.’s federal court to compel former Vice President Mike Pence to comply with a grand jury subpoena and testify as a witness in special counsel Jack Smith’s investigation into the events surrounding the Jan. 6, 2021 attack on the Capitol, three people familiar with the investigation told CBS News.

The motion to compel Pence’s testimony — filed in secret to Chief Judge Beryl Howell in recent days — came after lawyers for former President Donald Trump asserted executive privilege in response to Pence’s subpoena, the people said.

John Singer Sargent, Repose

John Singer Sargent, Repose

That assertion of executive privilege on Pence’s subpoena, the people added, is in line with how Trump’s team has responded to related subpoenas over the past year, with Trump’s attorneys often arguing that private conversations or interactions with a president should remain confidential….

Pence and his lawyers have also been preparing to invoke the Constitution’s Speech or Debate clause as a means of protecting him from the investigation. That clause protects members of Congress from being questioned about their legislative actions by other branches of the federal government.

Pence contends his unique role as both a member of the executive branch and president of the Senate — who presided over Congress’ certification of Electoral College votes on Jan. 6, 2021 — would be covered under the clause….

The motion to compel testimony filed by the special counsel’s office is the logical next step in a criminal probe, with prosecutors seeking to force a witness or third party to comply with a grand jury subpoena. Filed less than two weeks after news broke that Pence had received the subpoena, the legal document asks the court to uphold the subpoena’s legal authority and indicates Justice Department prosecutors are moving quickly in their attempt to get Pence before a grand jury.

Former federal judge Michael Luttig, who advised Pence when he was dealing with Trump’s pressure campaign to get Pence to try to overturn the 2020 election, has an op-ed in The New York Times today: Mike Pence’s Dangerous Gambit.

Former Vice President Mike Pence recently announced he would challenge Special Counsel Jack Smith’s subpoena for him to appear before a grand jury in Washington as part of the investigation into former President Donald Trump’s efforts to overturn the 2020 presidential election and the related Jan. 6 attack on the U.S. Capitol. Mr. Pence claimed that “the Biden D.O.J. subpoena” was “unconstitutional” and “unprecedented.” He added, “For me, this is a moment where you have to decide where you stand, and I stand on the Constitution of the United States.” Mr. Pence vowed to take his fight all the way to the Supreme Court.

A politician should be careful what he wishes for — no more so than when he’s a possible presidential candidate who would have the Supreme Court decide a constitutional case that could undermine his viability in an upcoming campaign.

Felix Vallotton, Laziness

Felix Vallotton, Laziness

The former vice president should not want the embarrassing spectacle of the Supreme Court compelling him to appear before a grand jury in Washington just when he’s starting his campaign for the presidency; recall the unanimous Supreme Court ruling that ordered Richard Nixon to turn over the fatally damning Oval Office tapes. That has to be an uncomfortable prospect for Mr. Pence, not to mention a potentially damaging one for a man who — at least as of today — is considered by many of us across the political spectrum to be a profile in courage for his refusal to join in the attempt to overturn the 2020 election in the face of Donald Trump’s demands. And to be clear, Mr. Pence’s decision to brand the Department of Justice’s perfectly legitimate subpoena as unconstitutional is a far cry from the constitutionally hallowed ground he stood on Jan. 6.

Injecting campaign-style politics into the criminal investigatory process with his rhetorical characterization of Mr. Smith’s subpoena as a “Biden D.O.J. subpoena,” Mr. Pence is trying to score points with voters who want to see President Biden unseated in 2024. Well enough. That’s what politicians do. But Jack Smith’s subpoena was neither politically motivated nor designed to strengthen President Biden’s political hand in 2024. Thus the jarring dissonance between the subpoena and Mr. Pence’s characterization of it. It is Mr. Pence who has chosen to politicize the subpoena, not the D.O.J.

Read the rest at the NYT.

Another take on this issue from Jennifer Rubin at The Washington Post: Pence has no right to dodge a subpoena.

Former vice president Mike Pence is bent on demonstrating to the MAGA base that he is not about to help prosecute would-be coup instigator Donald Trump, the very person who seemed to delight in egging on the mob that called for Pence’s head. To that end, Pence has threatened to refuse to appear in response to the grand jury subpoena special counsel Jack Smith has issued.

Rather than deploy the executive-privilege defense (almost certainly a loser since President Biden has waived it; in any case, United States v. Nixon stands for the proposition that executive privilege generally gives way in a criminal prosecution), Pence has cited the Constitution’s “speech and debate” clause. This passage from Article I protects lawmakers from arrest on the floor of Congress for things said there.

A close examination of Pence’s claim shows that the defense, even if valid in some respects, does not protect him from testifying about issues relating to the Jan. 6, 2021, coup attempt.

The argument that the vice president is an officer of Congress, and hence covered by the clause, is reasonable. Andy Wright and Ryan Goodman writing at Just Security explain: “The Speech or Debate Clause is designed as a safeguard against politically motivated civil litigation or criminal prosecutions that can chill congressional debate or intimidate legislators.” Therefore, they conclude, “It makes sense that the protections should extend to a Vice President when acting as President of the Senate or in other legislative branch capacity.” The Justice Department already conceded as much in multiple civil suits brought against the vice president (both Pence and then-vice president Joe Biden).

Yet, there is a compelling argument that Pence’s use of the speech and debate clause is inconsistent with the clause’s purpose, which is to insulate members of Congress from pressure from the executive. It might also be argued (as retired judge Michael Luttig has) that Pence’s role on Jan. 6 was purely ceremonial, not legislative, and thus the speech and debate clause does not apply. After all, Pence himself argued that day that he had no legislative authority to nullify the electoral votes.

These points might be subjects of novel litigation. But the government need not dispute the clause’s relevance because a good deal of what Smith wants to investigate is beyond any legislative function, and hence outside the scope of the clause.

Read more at the WaPo.

That’s all I have for you today. What are your thoughts on all this? What other stories are you following?


Tuesday Reads

Solitude (Lonliness), Paul Delvaux, 1956

Solitude (Loneliness), Paul Delvaux, 1956

Good Morning!!

As Daknikat wrote yesterday, it looks as if Republicans will win enough seats to control the House with a very small majority. But they won’t be able to do much. I suppose they’ll spend their time and energy investigating Hunter Biden and any other crackpot problem they can dream up. The good news is than Lauren Bobert’s seat is still undecided for now.

AP News: California wins leave GOP poised to seize US House control.

Two threatened U.S. House Republicans in California triumphed over Democratic challengers Monday, helping move the GOP within a seat of seizing control of the chamber while a string of congressional races in the state remained in play.

In a bitter fight southeast of Los Angeles, Republican Rep. Michelle Steel defeated Democrat Jay Chen in a district that was specifically drawn to give Asian Americans, who comprise the largest group in the district, a stronger voice on Capitol Hill. It includes the nation’s largest Vietnamese community.

East of Los Angeles, Republican Rep. Ken Calvert notched a win over Democrat Will Rollins. With 80% of the votes tallied, Calvert, the longest serving Republican in the California congressional delegation, established a nearly 5,500-vote edge in the contest.

Ten races in the state remained undecided as vote-counting continued, though only a handful were seen as tight enough to break either way.

It takes 218 seats to control the House. Republicans have locked down 217 seats so far, with Democrats claiming 205.

Should Democrats fail to protect their fragile majority, Republican Rep. Kevin McCarthy of Bakersfield would be in line to replace Speaker Nancy Pelosi of San Francisco.

Read about the remaining undecided races at the link.

The Independent: Lauren Boebert – live: Republican under fire for ‘embarrassing’ tweet as she leads race by just 1,200 votes.

Lauren Boebert has taken aim at Nancy Pelosi and called for the House Speaker’s ousting while her own future in politics continues to hang in the balance.

“Waiting this long for election results is going to make firing Nancy Pelosi as Speaker of the House that much sweeter,” she wrote on Twitter on Monday.

Automat, Edward Hopper

Automat, Edward Hopper

Republicans are just one seat away from control of the House of Representatives, with the balance of power potentially hinging on th eoutcome of Ms Boebert’s race among serveral others that have not yet been decided.

Ms Boebert’s race is still too close to call and it is unlikely that the outcome will be known until the end of the week – at the soonest.

The far-right Republican is currently leading Democratic challenger Adam Frisch by just 1,122 votes in what has shaped up to be an unexpectedly close race. The race could be headed for an automatic recount if neither candidate fails to win by a margin of more than 0.5 per cent.

If only she would lose! This is from Newsweek yesterday: Lauren Boebert in Danger as Rejected Mail-in Ballot Checks Could Help Rival.

The race for Colorado’s third congressional district remains too close to be called, as Trump-endorsed Rep. Lauren Boebert is currently only slightly ahead of her rival, Democrat Adam Frisch.

But the incumbent congresswoman’s narrow lead could once again be overturned if thousands of likely rejected votes in favor of her challenger were to be “cured”, as a recount looms over the Colorado race.

Every year in Colorado, thousands of ballots are reportedly rejected for issues related to signature verification, such as a missing signature or a discrepancy in the signature. Local officials then alert voters of the issue, giving them a week to fix the problem and make their vote count. The process, which is done in 23 other state besides Colorado, is called “ballot curing.”

Boebert was widely projected to win the midterms, with polling website FiveThirtyEight giving her a 97 in 100 chance of victory in the days ahead of the vote.

As of November 14 and with nearly all of the ballots being counted, Boebert is leading with 50.1 percent of the vote (162,040 votes) against Frisch’s 49.8 percent (160,918 votes).

A recount could be called if the final margin between Boebert and Frisch is less than or equal to 0.5 percent of the leading candidate’s vote total. At the moment, the gap between the two candidates is 0.38 percent.

Frisch could still oust the Republican incumbent, an election denier and one of Donald Trump‘s most ardent supporters, if thousands of votes likely rejected for signature verification were cast in support of the Democratic nominee.

So it’s still up in the air.

In Arizona, Katie Hobbs finally triumphed in the race for governor. AZ Central: Katie Hobbs elected Arizona’s 5th female governor, defeating election denier Kari Lake.

Katie Hobbs, Arizona’s Democratic election chief who built a national profile by standing up to false claims about the 2020 presidential election, has won the state’s race for governor.

The Associated Press, NBC News and CNN called the race for Hobbs shortly after 7 p.m. Monday, following a nail-biter week of election returns that highlighted the competitiveness of politics in the state.

the-lonely-ones-1935, edvard Munch

The Lonely Ones, by Edvard Munch, 1935

“Democracy is worth the wait,” Hobbs posted on social media before issuing a statement thanking her family, volunteers and staff for their work.

“This was not just about an election — it was about moving this state forward and facing the challenges of our generation,” the statement read, ending: “Let’s get to work.”

Late-in-the-race polling showed her Republican opponent Kari Lake, the former television news anchor, with the momentum as Nov. 8 neared. Instead, voters offered a stunning rebuke of Lake, who was one of the nation’s most prominent election deniers.

With Hobbs’ win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results.

As Arizona’s 24th governor, Hobbs will be the fifth female to hold the top elected office, more than in any other state.

That’s amazing. We just finally got our first female governor here in Massachusetts.

Donald Trump is supposedly announcing that he’s running for president today, and The New York Times and Washington Post can hardly wait. The NYT even hired another “Trump whisperer” to go along with their star access journalist Maggie Haberman. This is from Emptywheel: In the Wake of Trump’s Third Electoral Failure, NY Times Boasts of Hiring a Third Trump Whisperer.

…Jonathan Swan is a good reporter. Indeed, his move to the NYT, which frees him to write like a human being rather than a McKinsey consultant (AKA Axios style), will likely be a significant improvement on his coverage of DC politics.

But it is downright insane that, at a time the GOP and Fox News are at least making noise about ditching Trump, the NYT pitched this hire — and their own political reporting — in terms of Trump.

Our insightful, authoritative and addictive coverage of the election this year drove home an essential truth: The Times’s political team is simply the best in the business.

Take our coverage of Republicans and Donald J. Trump.

We have Maggie Haberman, the dominant reporter of the Trump era, whose prolific, revealing and exclusive coverage has become indispensable to millions of readers. We have Michael Bender, whom Maggie admired as her “fierce competitor” from his days at The Wall Street Journal, and who has delivered exclusives on everything from the former president’s plans to buy Greenland to examinations of how Trumpism remade the Republican party.

And today we are thrilled to tell you that Jonathan Swan, a gifted, dogged and high-impact reporter, will be joining The Times. Jonathan, a national political reporter at Axios, is one of the biggest news breakers and best-sourced reporters in Washington.

Even if you have never met Jonathan, you know his stories. He first reported that Trump would recognize Jerusalem as Israel’s capital, that the U.S. would pull out of the Paris climate deal, that Steve Bannon would be fired and that Paul Ryan would retire from Congress.

Or perhaps you watched his riveting interview with then-President Trump in 2020, which won Jonathan an Emmy (and made his facial expressions famous.) Ben Smith, the former media columnist for The Times, wrote at the time that it was “perhaps the best interview of Mr. Trump’s term.’’

Jonathan’s nine-part written series on the final days of the Trump administration won broad acclaim, and the podcast on which it was based rose to No. 1 on the Apple charts. [my emphasis]

Alan_Parry_ Weekend Retreat

Weekend Retreat, by Alan Parry

Again, I think the Swan hire is a net good for reporting — but aside from the degree to which Swan is an improvement over Jonathan Martin, who just moved to become Politico’s Politics Bureau Chief — that has nothing to do with the NYT.

Particularly accompanied as it is by Maggie’s multiple efforts to suggest Trump is still The One, the pitch of Swan as a Trump-whisperer — rather than simply as a very good reporter of right wing politics — this announcement commits to keeping Trump (as a politician, rather than, for example, a criminal suspect, something none of these three are very good at reporting) the center of attention.

The Washington Post article hyping Trump’s announcement–two years ahead of the 2024 election–of courses features gossip reporters Ashley Parker and Josh Dawsey: Trump campaign operation takes shape ahead of expected 2024 announcement.

Really, who the hell cares? Why don’t these newspapers cover President Biden, who is actually accomplishing plenty, while Trump is likely to be indicted before 2024? Or they could cover the fact that Russia is still working to influence our elections, which CNN reported this morning: CNN Exclusive: US intelligence suggests Russia put off announcing Kherson retreat until after midterm elections.

The US has intelligence that Russia may have delayed announcing its withdrawal from the Ukrainian city of Kherson in part to avoid giving the Biden administration a political win ahead of the midterm elections, according to four people familiar with the intelligence.

Senior Russian officials discussed the US midterms as a factor during deliberations about the withdrawal announcement, one person familiar with the intelligence said. Waiting until after the US election was always a “pre-planned condition” of Russia’s withdrawal from Kherson, a second person familiar with the intelligence told CNN.

Still, the election was far from the only consideration in Russia’s retreat, officials said. Military analysts say Russia had few other operational options and had been preparing to pull back for weeks, leading US officials to wonder when the Russians would officially acknowledge the withdrawal.

While the intelligence is not a formal assessment of Russia’s intentions, it is a sign that Russia has a continued interest in influencing the US political landscape — although the sources said Russia probably miscalculated the impact such an announcement would actually have on the elections.

“I doubt Americans would really have noticed,” said another source familiar with western intelligence.

President Joe Biden last week appeared to hint that the US believed that the timing of Russia’s announcement was more than mere coincidence.

“I find it interesting they waited until after the election to make that judgement, which we knew for some time they were going to be doing, and it’s evidence of the fact that they have some real problems – the Russian military,” Biden said at a press conference last Wednesday.

Carl_Gustav_Carus_-_Woman_on_the_Balcony_-_Google_Art_Project

Carl Gustav Carus, Woman on the Balcony

I’m going to end with this shocking story from The New York Times about Iran: Stymied by Protests, Iran Unleashes Its Wrath on Its Youth.

One girl, a 14-year-old, was incarcerated in an adult prison alongside drug offenders. A 16-year-old boy had his nose broken in detention after a beating by security officers. A 13-year-old girl was physically attacked by plainclothes militia who raided her school.

A brutal crackdown by the authorities in Iran trying to halt protests calling for social freedom and political change that have convulsed the country for the past two months has exacted a terrible toll on the nation’s youth, according to lawyers in Iran and rights activists familiar with the cases.

Young people, including teenage girls and boys, have been at the center of the demonstrations and clashes with security forces on the streets and university campuses and at high schools. Iranian officials have said the average age of protesters is 15.

Some have been beaten and detained, others have been shot and killed on the streets, or beaten in the custody of security services, and the lives of countless others have been disrupted as the authorities raid schools in an effort to crack down on dissent.

The authorities are targeting thousands of minors, under the age of 18, for participating in the protests, according to interviews with two dozen people, including lawyers in Iran involved in cases and rights activists, as well as parents, relatives and teenagers living in the country. Rights groups say that at least 50 minors have been killed.

The lawyers and many of the individuals interviewed for this article asked not to be named for fear of retribution.

The targeting of young people comes amid a broader crackdown on protesters in which 14,000 people have been arrested, according to the United Nations. On Sunday, state media said an unidentified person had been sentenced to death for setting fire to a government building.

There’s much more at the link. Sorry to hit you with this horrifying story, but I thought it was urgent. What can the U.S. do about this? The U.N.?

Please share your thoughts and any other stories that interest you in the comment thread.


Fabulous Friday Reads

Portrait of a woman reading in bed, Nicoline Tuxon, Danish painter

Portrait of a woman reading in bed, Nicoline Tuxon, Danish painter

Good Morning Sky Dancers!!

Steve Bannon is in court for his sentencing hearing right now. I’m keeping an eye out for the final decision, but so far Judge Carl Nichols has said he will have to serve at least a month in prison because that is the mandatory minimum sentence for contempt of Congress. The maximum is 2 years. According to CNN, the judge has called a short recess, after which he will announce the sentence. Bannon declined to speak, saying that his lawyers had spoken for him. I’ll update the post as soon as I learn Judge Nichols’ final decision.

UPDATE: Bannon sentenced to 4 months in prison. Obviously, he will appeal his conviction. From Yahoo News: Steve Bannon sentenced to 4 months in prison for criminal contempt of Congress.

WASHINGTON — Steve Bannon, ex-White House strategist and adviser to former President Donald Trump, was sentenced Friday to four months in federal prison and a $6,500 fine for refusing to appear before the House select committee investigating the Jan. 6, 2021, assault on the U.S. Capitol.

U.S. District Court Judge Carl Nichols sentenced Bannon to four months each on two counts of criminal contempt of Congress, but the prison terms will be served concurrently.

A jury found Bannon guilty of the charges in July of two counts of criminal contempt — one for refusing to appear for a deposition before the panel and the other for refusing to produce requested documents. Each count carries a minimum potential sentence of 30 days and a maximum of one year in jail, as well as a fine of $100 to $1,000.

Federal prosecutors sought six months in jail, while Bannon’s attorneys asked the court for probation.

Trump’s legal problems continue to escalate. Down in Georgia, former White House Counsel Pat Cippolone, and form George Senator Kelly Loeffler have each testified to the grand jury in the election interference case, and Lindsey Graham has been ordered to testify as well. And Trump crony Kash Patel has testified to the grand jury in stolen documents case.

CNN: Former White House Counsel Pat Cipollone, former US Sen. Kelly Loeffler testify to grand jury in Georgia investigating 2020 election interference.

Prosecutors in Georgia have secured grand jury testimony from two prominent witnesses – former US Sen. Kelly Loeffler and former White House Counsel Pat Cipollone – in their investigation into efforts to overturn the 2020 election results in that state, sources familiar with the matter tell CNN.

Laurits Tuxon, Portrait of his daughter looking at some drawings

Laurits Tuxon, Portrait of his daughter looking at some drawings

Their grand jury appearances in recent months, which have not been previously reported, highlight the wide-ranging investigation underway as Fulton County District Attorney Fani Willis probes efforts by former President Donald Trump and his allies to try to keep him in power.

Cipollone was the top White House lawyer at the end of the Trump administration and attended some of the meetings where Trump and his allies discussed ways to subvert the election results. He was among the former President’s advisers who pushed back along with the Justice Department, which found no evidence to support the claims of widespread fraud.

Cipollone has provided testimony to the House select committee investigating the January 6, 2021, attack on the US Capitol, as well as to a federal grand jury in the Justice Department’s criminal investigation, where he invoked Trump’s privilege claims to decline to answer some questions. He declined to comment on questions about the grand jury.

The revelation that Loeffler testified before the grand jury comes as hundreds of Loeffler’s text messages have surfaced, revealing new details about the Georgia Republican’s correspondence about efforts to challenge the election in the months leading up to and immediately following the January 6, 2021, attack on the US Capitol.

More details at the CNN link.

The Washington Post: Lindsey Graham must testify in 2020 election investigation, court rules.

Sen. Lindsey O. Graham (R-S.C.) must appear before a Georgia grand jury investigating possible attempts by President Donald Trump and his allies to disrupt the state’s 2020 presidential election, a federal appeals court said Thursday.

Graham’s lawyers had asked the court to block a subpoena from Fulton County District Attorney Fani Willis (D), claiming that a sitting senator is shielded from such investigations. But a three-judge panel of the U.S. Court of Appeals for the 11th Circuit denied Graham’s request and upheld a lower-court ruling narrowing the range of questions prosecutors can ask.

“Senator Graham has failed to demonstrate that this approach will violate his rights under the Speech and Debate Clause,” the order states, referring to the constitutional provision that protects lawmakers from being questioned about legislative activity.

Graham can ask the full appeals court to reconsider the order or ask the Supreme Court to intervene….

Willis wants to question Graham about calls he made to Georgia election officials soon after Trump lost the election to Joe Biden. Prosecutors say Graham has “unique knowledge” about the Trump campaign and the “multistate, coordinated efforts to influence the results” of the 2020 election in Georgia and elsewhere.

Graham’s legal team has said in court filings that his actions were legitimate legislative activity protected by the Constitution’s “speech and debate clause.”

Nikolai Bogdanov-Belsky, The schoolgirl reading by lamplight

Nikolai Bogdanov-Belsky, The schoolgirl reading by lamplight

CNN: Trump adviser Kash Patel has appeared before grand jury in Mar-a-Lago document probe.

Kash Patel, a top adviser to former President Donald Trump who has been deeply involved in disputes over classified records Trump kept from his presidency, appeared recently before the federal grand jury looking into the handling of documents at Mar-a-Lago, sources familiar with the matter tell CNN.

Patel spent several hours throughout the morning of October 13 before a grand jury at the US courthouse in Washington, DC. But it’s not clear if Patel answered the grand jury’s questions or declined to respond citing his Fifth Amendment protections, which is within his rights.

He is one of a handful of advisers around Donald Trump after his presidency who could have legal risk related to the Mar-a-Lago situation, according to court records and the sources, though it’s unclear if he is a target of the Justice Department probe. Patel served as a national security and defense official during the administration, and this summer became one of Trump’s designees to interact with the National Archives and the Justice Department as both agencies have tried to repossess classified records Trump kept from his presidency.

He has claimed in media interviews he personally witnessed Trump declassifying records before he left the presidency, and has argued he should be able to release classified information….

CNN spotted Patel walking the halls of the federal courthouse mid-morning last Thursday, remaining in the grand jury area for several hours until about 1 p.m. One of his attorneys, Stanley Woodward, ducked out of the ongoing Oath Keepers trial where he is a defense attorney for another defense client to escort Patel, wearing a bold red plaid jacket, down from the grand jury meeting area and out of the building. When asked at the courthouse by CNN, Woodward refused to say what Patel’s matter was about, and only confirmed that he represented the Trump adviser.

Read more at CNN.

Amanda Marcotte has a good article at Salon about the mainstream media’s election coverage: Please, media, stop pitting abortion against inflation — Republicans suck on both issues.

Cable news in the weeks before an election is the ninth circle of hell. For proof, look no further than the way MSNBC subjected Georgia’s Democratic gubernatorial candidate Stacey Abrams to an interview by 79-year-old white guy plagiarist and organized crime apologist Mike Barnicle. Abrams, whose only crime is being a “Star Trek” nerd who wants Georgia to suck less, was subjected to this crotchety fraud demanding she stop talking about abortion rights so much, arguing that what voters supposedly care about is “the cost of gas, food, bread, milk, things like that.” Because, as all old men who have never changed a diaper know, having and raising babies is totally free, unlike a gallon of gasoline.

ruby-ring-thomas-linker

The Ruby Ring, by Thomas Linker

Abrams handled the question as well as she could, pointing out that you “can’t divorce being forced to carry an unwanted pregnancy from the economic realities of having a child.” She went on to outline her plans to help Georgians with rising housing prices and other economic problems. But as much as it’s fun to kick around Barnicle for being out of touch, the sad truth is the false premise of his question is endemic throughout the mainstream media coverage of the 2022 midterm elections. Everywhere you turn, pundits and reporters are treating this election as if it’s a choice between fighting inflation and protecting abortion rights.

This is, and it cannot be stressed enough, total hooey. When it comes to the ballot box, there is absolutely no trade-off between reproductive rights and the economy. Either way, voting Republican is bad: Bad for the economy, bad for abortion rights. Pretending otherwise is misleading to the point of outright dishonesty. 

To say Republicans have no plan to fight inflation if they retake Congress is really an understatement. They have nothing concrete to offer about the issue beyond using it as a stick to beat Democrats with. The second polls close on Election Day, all GOP interest in relieving Americans’ economic woes will dry up.

We know this because Republicans aren’t even being subtle about their future plans, which most definitely do not involve giving a fig about inflation. As Heather “Digby” Parton wrote for Salon on Wednesday, Republicans are largely plotting to gin up fake scandals to demonize President Joe Biden. And that’s the best-case scenario.

Read the whole thing at Salon. It’s excellent.

President Joe Biden made the same point yesterday. Susan Glasser at The New Yorker: Joe Biden’s Walk-and-Chew-Gum Campaign.

For most of President Joe Biden’s tenure, Fox News’s Peter Doocy has played the role of pressroom scourge. A barbed question so nettled Biden back in January that the President was caught on a live microphone calling him a “stupid son of a bitch,” for which he quickly called Doocy to apologize. That specific query is the same one that still haunts Biden’s Presidency and his party today: “Do you think inflation is a political liability ahead of the midterms?” The answer, then and now, can be nothing other than the blindingly obvious: yes.

Doocy, at the tail end of a White House photo opportunity. With less than three weeks to go before the midterm elections, the President was signing an order to release fifteen million more barrels of oil from the Strategic Petroleum Reserve. “It’s not politically motivated at all,” Biden insisted, though even the most diehard Democrat would have a hard time seeing the move as anything other than a last-ditch effort to stop gas prices at the pump from rising further before the vote. Republicans were quick to pounce: Was this the kind of strategic use for which the stockpile was intended?

As Biden stood to leave, Doocy shouted a question. “Top domestic issue: Inflation or abortion?” he asked.

“They’re all important. Unlike you, there’s no one thing,” Biden retorted. “We oughta be able to walk and chew gum at the same time.”

In The Book Store Painting Irina Sztukowski

In The Book Store, by Irina Sztukowski

Finally, The Washington Post has an exclusive on Elon Musk’s plans to destroy Twitter if he manages to buy it: Documents detail plans to gut Twitter’s workforce.

Twitter’s workforce is likely to be hit with massive cuts in the coming months, no matter who owns the company, interviews and documents obtained by The Washington Post show, a change likely to have major impact on its ability to control harmful content and prevent data security crises.

Elon Musk told prospective investors in his deal to buy the company that he planned to get rid of nearly 75 percent of Twitter’s 7,500 workers, whittling the company down to a skeleton staff of just over 2,000.

Even if Musk’s Twitter deal falls through — and there’s little indication now that it will — big cuts are expected: Twitter’s current management planned to pare the company’s payroll by about $800 million by the end of next year, a number that would mean the departure of nearly a quarter of the workforce, according to corporate documents and interviews with people familiar with the company’s deliberations. The company also planned to make major cuts to its infrastructure, including data centers that keep the site functioning for more than 200 million users that log on each day.

The extent of the cuts, which have not been previously reported, help explain why Twitter officials were eager to sell to Musk: Musk’s $44 billion bid, though hostile, is a golden ticket for the struggling company — potentially helping its leadership avoid painful announcements that would have demoralized the staff and possibly crippledthe service’s ability to combat misinformation, hate speech and spam.

The impact of such layoffs would likely be immediately felt by millions of users, said Edwin Chen, a data scientist formerly in charge of Twitter’s spam and health metrics and now CEO of the content-moderation start-up Surge AI. He said that while he believed Twitter was overstaffed,the cuts Musk proposed were “unimaginable” and would put Twitter’s users at risk of hacks and exposure to offensive material such as child pornography.

“It would be a cascading effect,” he said, “where you’d have services going down and the people remaining not having the institutional knowledge to get them back up, and being completely demoralized and wanting to leave themselves.”

Twitter is where I go to get the very latest breaking news, but I guess the days of being able to do that are numbered.

What are your thoughts on these stories? What else is on your mind today?


Thursday Reads: Latest on the Stolen Government Docs and Other News

Georgia O'Keeffe, Autumn Trees

Georgia O’Keeffe, Autumn Trees

Good Morning!!

I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.

Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.

Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.

…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.

Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.

In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.

Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.

In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”

Oz also opposes abortion, so he doesn’t have a problem with women dying either.

There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.

Pierre Bonnard, Autumn View, 1912

Pierre Bonnard, Autumn View, 1912

Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.

A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.

The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.

The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.

“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.

No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.

The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.

Read more at the link.

A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.

I can’t access her story, but here is an analysis from Philip Bump at The Washington Post: What the FBI took from Trump, according to an accidentally unsealed list.

The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.

Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.

Read the document descriptions at the WaPo.

Edvard Munch, Elm Forest in Autumn

Edvard Munch, Elm Forest in Autumn

This is from Emptywheel yesterday: Judge Aileen Cannon Treated a Public Letter About Trump’s Health As More Sensitive Than America’s National Security.

As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.

And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)

Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.

Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.

The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.

Not only was it publicly released over six years ago, but details of medicines left off the report and Trump’s role in dictating an earlier version of the letter were widely reported in 2017.

Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.

She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.

Read more at the link.

Jason Leopold and Jack Gillum at Bloomberg on who packed the boxes Trump sent to Mar-a-Lago: Trump Says US Agency Packed Top-Secret Documents. These Emails Suggest Otherwise.

Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.

Autumn in Bavaria, Wassily Kandinsky, 1908

Autumn in Bavaria, Wassily Kandinsky, 1908

But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.

One thing is clear: The boxes were packed when the movers got there.

While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.

After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.

Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.

More News, Links Only:

NBC News: FBI arrests pastor who wore his company jacket on Jan. 6 and pushed into police line.

David Wasserman at the Cook Political Report: House Rating Changes: Ten Races Shift, Mostly Towards Democrats.

NBC News: Cheney warns Arizona voters that the GOP nominees for governor and secretary of state are threats to democracy.

Politico: Abortion ‘has given Democrats a second look’ from GOP-leaning women.

The Washington Post: 14-year-old’s arthritis meds denied after Ariz. abortion ban, doctor says.

Roger Sollenberger at The Daily Beast: She Had an Abortion With Herschel Walker. She Also Had a Child With Him.

Secret Service news from Carol Leonnig at The Washington Post: VP was in car accident; Secret Service first called it ‘mechanical failure’

Timothy Snyder: How does the Russo-Ukrainian War end?

Financial Times: Vladimir Putin’s botched mobilisation triggers blame game in Russia.

That’s all I have for you today. What stories are you following?