Thursday Reads

wu201110

Good Morning!!

Prospects are not looking good for Trump’s efforts to overturn the election results, but that doesn’t mean he won’t do serious damage to the government in his remaining lame duck weeks. The biggest problem for the transition to a real president is that Trump’s staff and most GOP elected officials are living in fear of Trump’s tantrums.

The Daily Beast: Trump’s National Security Adviser Tells Staff: Don’t Even Mention Biden’s Name.

President Donald Trump continues to refuse to cede the election. His national security adviser, Robert O’Brien, is enabling the mayhem, four senior officials told The Daily Beast.

O’Brien—once viewed as a potential check on Trump’s erratic national security demands—endorsed the installation of a pair of Trumpists at the Pentagon’s highest levels, while a defense secretary O’Brien has long opposed was fired by tweet.

One official claimed that O’Brien has been supportive of a peaceful transfer of power, joking in a Monday event about Trump’s loss and directing his staff to begin drafting transition materials. But three other officials told The Daily Beast that O’Brien has emerged as one of Trump’s biggest enablers at a decisive moment, supporting the president’s bid to retain power even though it is being waged through a nationwide disinformation campaign….

20201110edshe-bThis week, officials say, O’Brien supported the removal of several top officials at the Pentagon and favored Christopher Miller, a former NSC official who moved to the National Counterterrorism Center, to replace Esper as secretary of defense. He also approved of the installation of Kash Patel as Miller’s chief of staff, officials said. Patel worked previously under O’Brien at the National Security Council. One senior official described Miller and Patel as “O’Brien’s boys.” Patel is also said to be close with another former NSC colleague, Ezra Cohen-Watnick, who is now the Pentagon’s senior intelligence official.

A bit more:

Other officials familiar with the matter noted that O’Brien has also pushed national security officials to publicly embrace the absurd Trump message that the election has not been certified and that there are still legal battles playing out across the country that could turn in the president’s favor.

“If you even mention Biden’s name… that’s a no-go, you’d be fired,” one national security official said. “Everyone is scared of even talking about the chance of working with the [Biden] transition.”

Asked if officials in the White House feel comfortable saying Biden’s name in the West Wing, one senior White House official said, half-jokingly, “Sure, you can say his name. If you’re talking about who lost the election to the president.”

Behind closed doors, one official claimed, O’Brien has been much more forthcoming about Trump’s loss and the need to prepare for a transition. The problem, the other officials said, is that O’Brien hasn’t made that known to the commander in chief.

There’s much more interesting gossip at the Daily Beast link.

wu201109On the other hand, some right wingers are speaking up, including John Yoo, Mike DeWine, and John Bolton.

The law firms representing Trump are also getting antsy. The New York Times: Growing Discomfort at Law Firms Representing Trump in Election Lawsuits.

Jones Day is the most prominent firm representing President Trump and the Republican Party as they prepare to wage a legal war challenging the results of the election. The work is intensifying concerns inside the firm about the propriety and wisdom of working for Mr. Trump, according to lawyers at the firm.

Doing business with Mr. Trump — with his history of inflammatory rhetoric, meritless lawsuits and refusal to pay what he owes — has long induced heartburn among lawyers, contractors, suppliers and lenders. But the concerns are taking on new urgency as the president seeks to raise doubts about the election results.

Some senior lawyers at Jones Day, one of the country’s largest law firms, are worried that it is advancing arguments that lack evidence and may be helping Mr. Trump and his allies undermine the integrity of American elections, according to interviews with nine partners and associates, who spoke on the condition of anonymity to protect their jobs.

At another large firm, Porter Wright Morris & Arthur, based in Columbus, Ohio, lawyers have held internal meetings to voice similar concerns about their firm’s election-related work for Mr. Trump and the Republican Party, according to people at the firm. At least one lawyer quit in protest.

Read more at the NYT.

245440_rgb_768Yesterday another large law firm withdrew from a case in Arizona. Westlaw Today: Snell & Wilmer withdraws from election lawsuit as Trump contests Arizona results.

(Reuters) – The largest law firm representing the Trump campaign or its allies in post-election litigation challenging votes in key states has withdrawn from an election lawsuit in Maricopa County, Arizona.

Associate Presiding Civil Judge Daniel Kiley on Tuesday granted Snell & Wilmer’s request to withdraw as counsel of record for the Republican National Committee. The RNC had teamed-up with the Trump campaign and the Arizona Republican Party in the case, which alleges that Maricopa County incorrectly rejected some votes cast on Election Day.

Snell & Wilmer partners Brett Johnson and Eric Spencer first moved to withdraw on Sunday, a day after the case was filed. Johnson and Spencer did not respond to requests for comment. Snell & Wilmer chairman Matthew Feeney said the firm doesn’t comment on its client work.

Two other large law firms that have represented the Trump campaign in election litigation, Jones Day and Porter Wright Morris & Arthur, have faced an onslaught of online criticism this week from critics who say the cases erode confidence in the democratic process, sparked by a Monday New York Times story focused on the firms’ roles.

This story at The Washington Post by Philip Rucker, Josh Dawsey, and Ashley Parker suggests that Trump may be beginning to accept reality: Trump insists he’ll win, but aides say he has no real plan to overturn results and talks of 2024 run.

lk110520daprTrump aides, advisers and allies said there is no grand strategy to reverse the election results, which show President-elect Joe Biden with a majority of electoral college votes, as well as a 5 million-vote lead in the national popular vote.

Asked about Trump’s ultimate plan, one senior administration official chuckled and said, “You’re giving everybody way too much credit right now.”

Republican officials have scrambled nationwide to produce evidence of widespread voter fraud that could bolster the Trump campaign’s legal challenges, but no such evidence has surfaced. And Biden’s lead in several states targeted by the Trump campaign has expanded as late-counted votes are reported. In all-important Pennsylvania, the Democrat now leads by more than 50,000 votes….

Trump has been spending his days largely on the phone, calling advisers, allies and friends. The president has been “trying to find people who will give him good news,” one adviser said.

Still, Trump has indicated in some of these conversations that he understands Biden will take over the presidency on Jan. 20, Inauguration Day. Rather than talking about a second term, Trump has been matter-of-factly discussing a possible 2024 campaign — an indication that he knows his time as president is coming to an end, at least for now.

“I’m just going to run in 2024. I’m just going to run again,” Trump has been saying, according to a senior administration official who has spoken with him this week.

In 2024, Trump will be 79 years old and his dementia will have gotten much worse. But he’ll likely try to continue making our lives a living hell after he leaves the White House. 

jd111120daprAccording to Mike Allen at Axios, Trump plans to form his own media company: Scoop: Trump eyes digital media empire to take on Fox News.

President Trump has told friends he wants to start a digital media company to clobber Fox News and undermine the conservative-friendly network, sources tell Axios.

The state of play: Some Trump advisers think Fox News made a mistake with an early call (seconded by AP) of President-elect Biden’s win in Arizona. That enraged Trump, and gave him something tangible to use in his attacks on the network.

  • “He plans to wreck Fox. No doubt about it,” said a source with detailed knowledge of Trump’s intentions…..

Here’s Trump’s plan, according to the source:

  • There’s been lots of speculation about Trump starting a cable channel. But getting carried on cable systems would be expensive and time-consuming.

  • Instead, Trump is considering a digital media channel that would stream online, which would be cheaper and quicker to start.

  • Trump’s digital offering would likely charge a monthly fee to MAGA fans. Many are Fox News viewers, and he’d aim to replace the network — and the $5.99-a-month Fox Nation streaming service, which has an 85% conversion rate from free trials to paid subscribers — as their top destination.

I’ll believe that when I see it. Everyone needs to remember that Trump is a terrible businessman. Besides, he will have to deal with his massive debts and likely criminal charges in New York.

245231_rgb_768In the meantime, Trump has decapitated the top leadership of the Department of Defense and he may soon finish his takeover of the U.S. intelligence infrastructure.

The New York Times: Trump Stacks the Pentagon and Intel Agencies With Loyalists. To What End?

President Trump’s abrupt installation of a group of hard-line loyalists into senior jobs at the Pentagon has elevated officials who have pushed for more aggressive actions against Iran and for an imminent withdrawal of all American forces from Afghanistan over the objections of the military.

Mr. Trump made the appointments of four top Pentagon officials, including a new acting defense secretary, this week, leaving civilian and military officials to interpret whether this indicated a change in approach in the final two months of his presidency.

At the same time, Mr. Trump named Michael Ellis as a general counsel at the National Security Agency over the objections of the director, Gen. Paul M. Nakasone.

There is no evidence so far that these new appointees harbor a secret agenda on Iran or have taken up their posts with an action plan in hand. But their sudden appearance has been a purge of the Pentagon’s top civilian hierarchy without recent precedent.

Administration officials said the appointments were partly about Afghanistan, where the president has been frustrated by what he sees as a military moving too slowly to fulfill his promise that all American troops will be home by Christmas. The Pentagon announced on Wednesday that Douglas Macgregor, a retired Army colonel and fierce proponent of ending American involvement in Afghanistan, would serve as a senior adviser.

Read the rest at the NYT.

I’ll end there, and add a few more links in the comment thread. I hope everyone is doing OK. Please check in with us today if you have the time and inclination–we love to hear from you!


Tuesday Reads: Trump’s “Autocratic Attempt”

Good Morning!!

Benito Mussolini

Benito Mussolini

The U.S. is going through a very dangerous time. Joe Biden and Kamala Harris have been elected decisively, but Trump and his GOP cult followers are trying to overthrow the election results. They are, in fact, attempting a coup.

Masha Gessen at The New Yorker, November 5: By Declaring Victory, Donald Trump Is Attempting an Autocratic Breakthrough.

The President of the United States has called the election a fraud. He has declared victory without basis, tweeting on Wednesday, “We have claimed” Pennsylvania, Georgia, North Carolina, and perhaps Michigan—all states that were still counting votes. Donald Trump, who has been engaged in an autocratic attempt for the last four years, is now trying to stage an autocratic breakthrough.

I have borrowed the term “autocratic attempt” from the work of Bálint Magyar, a Hungarian sociologist who set out to develop analytical tools for understanding the turn away from democracy in many Eastern and Central European countries. I have found Magyar’s ideas surprisingly illuminating when applied to the United States.

Magyar divides the autocrat’s journey into three stages: autocratic attempt, autocratic breakthrough, and autocratic consolidation. The attempt is a period when autocracy is still preventable, or reversible, by electoral means. When it is no longer possible to reverse autocracy peacefully, the autocratic breakthrough has occurred, because the very structures of government have been transformed and can no longer protect themselves. These changes usually include packing the constitutional court (the Supreme Court, in the case of the U.S.) with judges loyal to the autocrat; packing and weakening the courts in general; appointing a chief prosecutor (the Attorney General) who is loyal to the autocrat and will enforce the law selectively on his behalf; changing the rules on the appointment of civil servants; weakening local governments; unilaterally changing electoral rules (to accommodate gerrymandering, for instance); and changing the Constitution to expand the powers of the executive.

Josef Stalin

Josef Stalin

For all the apparent flailing and incompetence of the Trump Administration, his autocratic attempt checks most of the boxes. He has appointed three Supreme Court Justices and a record number of federal judges. The Justice Department, under William Barr, acts like Trump’s pocket law-enforcement agency and personal law firm. Trump’s army of “acting” officials, some of them carrying out their duties in violation of relevant federal regulations, have made mincemeat of the rules and norms of federal appointments. Trump has preëmptively declared the election rigged; has incited voter intimidation and encouraged voter suppression; has mobilized his armed supporters to prevent votes from being counted; and has explicitly stated that he is changing the rules of the election. “We want all voting to stop,” he said on Wednesday morning, and vowed to take his case to the Supreme Court.

Please go read the rest at The New Yorker.

Ezra Klein makes a similar argument at Vox: Trump is attempting a coup in plain sight.

The Trump administration’s current strategy is to go to court to try and get votes for Biden ruled illegitimate, and that strategy explicitly rests on Trump’s appointees honoring a debt the administration, at least, believes they owe. One of his legal advisers said, “We’re waiting for the United States Supreme Court — of which the President has nominated three justices — to step in and do something. And hopefully Amy Coney Barrett will come through.”

If that fails, and it will, Mark Levin, one of the nation’s most popular conservative radio hosts, is explicitly calling on Republican legislatures to reject the election results and seat Donald Trump as president anyway. After Twitter tagged the tweet as contested, Trump’s press secretary weighed in furiously on Levin’s behalf.

That this coup probably will not work — that it is being carried out farcically, erratically, ineffectively — does not mean it is not happening, or that it will not have consequences. Millions will believe Trump, will see the election as stolen. The Trump family’s Twitter feeds, and those of associated outlets and allies, are filled with allegations of fraud and lies about the process (reporter Isaac Saul has been doing yeoman’s work tracking these arguments, and his thread is worth reading). It’s the construction of a confusing, but immersive, alternative reality in which the election has been stolen from Trump and weak-kneed Republicans are letting the thieves escape.

Francisco Franco

Francisco Franco, Spain

This is, to borrow Hungarian sociologist Bálint Magyar’s framework, “an autocratic attempt.” That’s the stage in the transition toward autocracy in which the would-be autocrat is trying to sever his power from electoral check. If he’s successful, autocratic breakthrough follows, and then autocratic consolidation occurs. In this case, the would-be autocrat stands little chance of being successful. But he will not entirely fail, either. What Trump is trying to form is something akin to an autocracy-in-exile, an alternative America in which he is the rightful leader, and he — and the public he claims to represent — has been robbed of power by corrupt elites.

“Democracy works only when losers recognize that they have lost,” writes political scientist Henry Farrell. That will not happen here.

It won’t happen, because the GOP is going along with Trump’s attempt.

Here’s the grim kicker: The conditions that made Trump and this Republican Party possible are set to worsen. Republicans retained control of enough statehouses to drive the next redistricting effort, too, and their 6-3 majority on the Supreme Court will unleash their map-drawers more fully. The elections analyst G. Elliott Morris estimates that the gap between the popular vote margin and the tipping point state in the Electoral College will be 4 to 5 percentage points, and that the GOP’s control of the redistricting process could push it to 6 to 7 points next time.

To say that America’s institutions did not wholly fail in the Trump era is not the same thing as saying they succeeded. They did not, and in particular, the Republican Party did not. It has failed dangerously, spectacularly. It has made clear that would-be autocrats have a path to power in the United States, and if they can walk far enough down that path, an entire political party will support them, and protect them. And it has been insulated from public fury by a political system that values land over people, and that lets partisan actors set election rules and draw district lines — and despite losing the presidency, the GOP still holds the power to tilt that system further in its direction in the coming years.

What happens when the next would-be autocrat tries this strategy — and what if they are smoother, more strategic, more capable than this one?

How is Trump’s autocratic attempt going so far? He has fired the Secretary of Defense and replaced him with a partisan loyalist. 

Adolf HItler

Adolf HItler, Germany

The Independent: ‘God help us’: Fired defence secretary Mark Esper worries about ‘yes men’ under Trump.

In an exclusive interview with Military Times that dropped shortly after his abrupt firing, Mr Esper took exception with critics who have called him a “yes man”, the source of the derogatory nickname “Yesper” used by the president.

“Name another Cabinet secretary that’s pushed back… Have you seen me on a stage saying, ‘Under the exceptional leadership of blah-blah-blah, we have blah-blah-blah-blah?” Mr Esper said.

“At the end of the day, it’s as I said — you’ve got to pick your fights… I could have a fight over anything, and I could make it a big fight, and I could live with that —why? Who’s going to come in behind me? It’s going to be a real ‘yes man.’ And then God help us.”

The interview was conducted on 4 November, before Mr Esper’s replacement would have been known.

Trump also fired the three officials who were in charge of our nuclear weapons. NPR: 

The Trump administration abruptly dumped the leaders of three agencies that oversee the nuclear weapons stockpile, electricity and natural gas regulation, and overseas aid during the past two days, drawing a rebuke from a prominent Republican senator for one of the decisions.

The sudden departures included:

  • Lisa Gordon-Hagerty, administrator of the National Nuclear Security Administration, the first woman to oversee the agency in charge of the nuclear stockpile. She was required to resign on Friday.
  • Bonnie Glick, deputy administrator of the U.S. Agency for International Development. She was replaced by acting Administrator John Barsa, who had run out of time for his more senior role under the Federal Vacancies Reform Act.
  • Neil Chatterjee, chairman of the Federal Energy Regulatory Commission and a former aide to Senate Majority Leader Mitch McConnell. He was replaced as chairman, though he will remain at FERC, an independent agency, as a commissioner.

The firings were overshadowed by the prolonged drama of the presidential election.

Hideki Tojo, Japan

Hideki Tojo, Japan

Trump is expected to fire CIA director Gina Haspel and FBI director Christopher Wray, according to Axios.

He has named another yes man as general counsel at the NSA. The Washington Post: White House official and former GOP political operative Michael Ellis named as NSA general counsel.

The Pentagon general counsel has named a White House official and former GOP political operative to be the top lawyer at the National Security Agency, the U.S. government’s largest and most technically advanced spy agency, U.S. officials said.

The selection of Michael Ellis, which has not yet been announced, was made Monday, said officials, speaking on the condition of anonymity because they were not authorized to speak publicly. The appointment was made under pressure from the White House, said a person familiar with the matter….

Ellis, who was chief counsel to Rep. Devin Nunes (R-Calif.), a staunch supporter of President Trump and then-chairman of the House Intelligence Committee, has been at the White House since early 2017, when he became a lawyer on the National Security Council and then this year was elevated to senior director for intelligence.

There’s much more at the link.

Bill Barr is also on the case. The New York Times: Barr Hands Prosecutors the Authority to Investigate Voter Fraud Claims.

Attorney General William P. Barr, wading into President Trump’s unfounded accusations of widespread election irregularities, told federal prosecutors on Monday that they were allowed to investigate “specific allegations” of voter fraud before the results of the presidential race are certified.

Augusto Pinochet, chile

Augusto Pinochet, Chile

Mr. Barr’s authorization prompted the Justice Department official who oversees investigations of voter fraud, Richard Pilger, to step down from the post within hours, according to an email Mr. Pilger sent to colleagues that was obtained by The New York Times.

Mr. Barr said he had authorized “specific instances” of investigative steps in some cases. He made clear in a carefully worded memo that prosecutors had the authority to investigate, but he warned that “specious, speculative, fanciful or far-fetched claims should not be a basis for initiating federal inquiries.”

Mr. Barr’s directive ignored the Justice Department’s longstanding policies intended to keep law enforcement from affecting the outcome of an election. And it followed a move weeks before the election in which the department lifted a prohibition on voter fraud investigations before an election.

More from NBC News: DOJ’s election crimes chief resigns after Barr allows prosecutors to probe voter fraud claims.

The head of the branch of the Justice Department that prosecutes election crimes resigned Monday hours after Attorney General William Barr issued a memo to federal prosecutors authorizing them to investigate “specific allegations” of voter fraud before the results of the presidential race are certified.

Richard Pilger, who was director of the Election Crimes Branch of the DOJ, sent a memo to colleagues that suggested his resignation was linked to Barr’s memo, which was issued as the president’s legal team mount baseless legal challenges to the election results, alleging widespread voter fraud cost him the race.

“Having familiarized myself with the new policy and its ramifications, and in accord with the best tradition of the John C. Keeney Award for Exceptional Integrity and Professionalism (my most cherished Departmental recognition), I must regretfully resign from my role as Director of the Election Crimes Branch,” Pilger’s letter said, according to a copy obtained by NBC News.

“I have enjoyed very much working with you for over a decade to aggressively and diligently enforce federal criminal election law, policy, and practice without partisan fear or favor. I thank you for your support in that effort.”

Kim Il-sung, North Korea

Kim Il-sung, North Korea

Finally, Trump is preventing the Biden transition team from beginning their work. The Washington Post: White House, escalating tensions, orders agencies to rebuff Biden transition team.

The Trump White House on Monday instructed senior government leaders to block cooperation with President-elect Joe Biden’s transition team, escalating a standoff that threatens to impede the transfer of power and prompting the Biden team to consider legal action.

Officials at agencies across the government who had prepared briefing books and carved out office space for the incoming Biden team to use as soon as this week were told instead that the transition would not be recognized until the Democrat’s election was confirmed by the General Services Administration, the low-profile agency that officially starts the transition.

While media outlets on Saturday projected Biden as the winner, President Trump has not conceded the election.

“We have been told: Ignore the media, wait for it to be official from the government,” said a senior administration official, who like others spoke on the condition of anonymity because the person was not authorized to speak publicly.

The GSA, the government’s real estate arm, remained for a third day the proxy in the battle. Administrator Emily Murphy, a Trump political appointee who has lasted a full term in an administration where turnover has been the norm, is refusing to sign paperwork that releases Biden’s $6.3 million share of nearly $10 million in transition resources and gives his team access to agency officials and information.

So that’s where things stand right now, as we battle an out-of-control pandemic with no help from the federal government and the Supreme Court hears arguments that may end the Affordable Care Act and strip 20,000,000 people of health insurance. 

Hang in there Sky Dancers! Take care of yourselves in this dangerous time. 


Thursday Reads

Birch Grove, Isaac Levitan, 1885=89

Birch Grove, Isaac Levitan, 1885-89

Good Morning!!

My brain is mush this morning. I stayed up all night on Tuesday, fell asleep very early yesterday, and woke up this morning at 3:00. I’m too old for this. I wonder when we’ll know something definitive about the election results. At least we know that Biden is the winner; we just don’t know which state will put him over the top.

The best outcome would be for Pennsylvania to be called for Biden. Here’s Senator Bob Casey explaining where vote counting stands in his state as of this morning:

John Wagner has  live election updates on the state of the race at The Washington Post: Biden closes in on electoral college victory; race narrows in Arizona, Georgia.

The latest …
  • Arizona: Biden’s lead narrowed to about 68,000 votes early Thursday as Maricopa County, the state’s largest jurisdiction, released the tallies of more ballots it had counted. Arizona Secretary of State Katie Hobbs said her state has just under 450,000 ballots left to count.
  • Georgia: Fulton County, home to Atlanta, continued counting ballots overnight. Trump’s lead had narrowed to about 18,500 votes as of early Thursday. Fulton County elections chief Rick Barron said officials will release more vote totals around 11 a.m.
  • Nevada: Updated vote totals will be released around noon Eastern time Thursday, officials said.
  • North Carolina: As of late Wednesday, officials were still counting provisional and absentee ballots. Trump was ahead, but officials said it is likely that the winner will not be known for days.
  • Pennsylvania: Trump maintained a lead of about 164,000 votes, but that was expected to shrink as more ballots were counted in heavily Democratic areas.

Trump is supposedly filing lawsuits to stop vote counting in states that look bad for him, but it seems unlikely his efforts will come to anything. 

Claude Monet - (1840 - 1926) Ulivi nel giardino Moreno 1884

Claude Monet – (1840 – 1926) Ulivi nel giardino Moreno 1884

The New York Times: With His Path to Re-election Narrowing, Trump Turns to the Courts.

With his political path narrowing, President Trump turned to the courts and procedural maneuvers on Wednesday in a last-ditch effort to stave off defeat in the handful of states that will decide the outcome of the bitterly fought election.

The president’s campaign intervened at the Supreme Court in a case challenging Pennsylvania’s plan to count ballots received for up to three days after Election Day. The campaign said it would also file suit in Michigan to halt the counting there while it pursues its demands for better access for the observers it sent to monitor elections boards for signs of malfeasance in tallying ballots, modeled on a similar suit it was pursuing in Nevada.

On Wednesday evening, Mr. Trump’s team added Georgia to its list of legal targets, seeking a court order enforcing strict deadlines in Chatham County in the wake of allegations by a Republican poll observer that a small number of ineligible ballots might be counted in one location.

In Wisconsin, which along with Michigan was called on Wednesday for his Democratic opponent, Joseph R. Biden Jr., the president’s campaign announced it would request a recount.

I think the best outcome we can hope for today is that Pennsylvania will get enough votes counted for the state to be called for Biden. That would put him over 270, and make Trump’s claims in other states irrelevant. Here’s Senator Bob Casey explaining where the Pennsylvania vote counting stands this morning.

The moves signaled Mr. Trump’s determination to make good on his longstanding threats to carry out an aggressive post-Election Day campaign to upend any result not in his favor and pursue his baseless allegations that the outcome was rigged.

But it was not clear how much effect any of his efforts would have. In Georgia, the suit is about 53 ballots, and another case in Pennsylvania is about fewer than 100.

The Road Under the Trees, Maurice de Vlaminck

The Road Under the Trees, Maurice de Vlaminck

The Biden camp is ready to fight back, according to Politico: Biden campaign gears up for legal warfare as he nears 270.

In a Zoom call with donors Wednesday, the aides told the group that Joe Biden was on pace to reach 270 electoral votes in short order, beaming over victories in the Midwestern states that Donald Trump flipped four years ago….

The campaign had good reason to project confidence: On Wednesday evening, Biden was on the cusp of clinching 270 electoral votes and the presidency after Michigan and Wisconsin were called in his favor.

At the same time, President Donald Trump was making specious claims of victory, cranking up unfounded grievances about stolen votes and filing lawsuits to challenge vote counts. Biden advisers moved to reassure anxious supporters as Trump declared himself the winner in states such as Pennsylvania, where hundreds of thousands of votes had yet to be tallied.

Biden’s team activated teams of attorneys in Nevada, Wisconsin, Pennsylvania and Michigan in preparation for court battles, and blasted out requests for donations to combat myriad legal challenges.

Canale a Bruges by Alfred Joseph Auguste Van Neste (1874-1969)The problem for Trump is that he would have to provide actual evidence of the “fraud” he is claiming. ProPublica: If Trump Tries to Sue His Way to Election Victory, Here’s What Happens.

A hearing on Wednesday in an election case captured in miniature the challenge for the Trump campaign as it gears up for what could become an all-out legal assault on presidential election results in key swing states: It’s easy enough to file a lawsuit claiming improprieties — in this case, that Pennsylvania had violated the law by allowing voters whose mail-in ballots were defective to correct them — but a lot harder to provide evidence of wrongdoing or a convincing legal argument. “I don’t understand how the integrity of the election was affected,” said U.S. District Judge Timothy Savage, something he repeated several times during the hearing. (However the judge rules, the case is unlikely to have a significant effect; only 93 ballots are at issue, a county election official said.)

“A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.

Levitt said judges by and large have ignored the noise of the race and the bluster of President Donald Trump’s Twitter feed. “They’ve actually demanded facts and haven’t been ruling on all-caps claims of fraud or suppression,” Levitt said. “They haven’t confused public relations with the predicate for litigation, and I would expect that to continue.”

If Levitt is right, that may augur poorly for the legal challenges to the presidential election. Either way, the number of cases is starting to rapidly increase. But lawsuits will do little good unless, as in the 2000 presidential election, the race winds up being so close that it comes down to a very thin margin of votes in one or more must-win states.

Read the rest at ProPublica.

Lane at alchamps, Arles, Paul Gaugin, 1888

Lane at alchamps, Arles, Paul Gaugin, 1888

Trump seems to think that he can just call on “his” Supreme Court justices to overturn the results of the election. But he can’t actually do that. Zoe Tillman at Buzzfeed News: Supreme Court To Fight Election Results. Here’s What Would Need To Happen To End Up There.

In the early hours of Wednesday, with many states still going through the lawful process of tallying votes, President Donald Trump declared: “We will be going to the Supreme Court.”

That’s not how the courts work, though. With rare exceptions that don’t apply to the election, no one can simply bring a case to the US Supreme Court. Trump’s rhetoric created an appearance of legal uncertainty around the election results that doesn’t exist yet — by Wednesday evening, there were a handful of lawsuits pending, but none involved the kind of consequential fights over final vote tallies that would decide the outcome of the race.

That could change, of course. Trump’s campaign said they’ll seek a recount in Wisconsin after former vice president Joe Biden was declared the winner, and could try to go to court to challenge the results if he still lost after that. Decision Desk HQ called Wisconsin for Biden outright on Wednesday.

There’s already a case pending before the Supreme Court about whether Pennsylvania can count absentee ballots that arrive between Nov. 4 and Nov. 6, but that would only be a vehicle for deciding the election if the race came down to Pennsylvania’s 20 electoral votes — and if those as-yet-unknown number of post–Election Day ballots would change the outcome.

Regardless of whether the Trump campaign’s lawsuits succeed in stopping any ballots from being counted, they’ve underscored Trump and his campaign’s efforts to falsely question the lawfulness of ballot counting that extends beyond Election Day — something that happens in every election. 


Monday Reads! Vote Him OUT!

Pierre Edouard Baranowski, 1918 – Amedeo Modigliani

Good Day Sky Dancers!

Tis the season to be Voting!  And we all really, really, really need to do that and take as many people with us as possible!

I can hardly turn on the TV any more.

Here’s all I want to say from The Rolling Stone: via The Hill: “Rolling Stone endorses Biden, calls Trump ‘categorically unfit to be president'”. How can such a strongly worded statement be such an understatement?  But that’s been our upside down country for the past nearly 4 years.

Rolling Stone magazine is endorsing Democratic nominee Joe Biden for president, saying in a piece on Monday that the U.S. has lived “under a man categorically unfit to be president” for the last four years.

“Fortunately for America,” the magazine said at the top of its endorsement of the former vice president, “Joe Biden is Donald Trump’s opposite in nearly every category: The Democratic presidential nominee evinces competence, compassion, steadiness, integrity, and restraint.”

“Perhaps most important in this moment, Biden holds a profound respect for the institutions of American democracy, as well as a deep knowledge about how our government — and our system of checks and balances — is meant to work; he aspires to lead the nation as its president, not its dictator,” the magazine continued. “The 2020 election, then, offers the nation a chance to reboot and rebuild from the racist, authoritarian, know-nothing wreckage wrought by the 45th president.”

Trump’s only plan for America is one that keeps him in office and in the position of not being held accountable for anything including the massive grifting.

Amedeo Modigliani – Christina

So, what kind of things are going on right now?

Well, first, Trump is trying all kinds of ways to make Dr. Fauci look bad and to convince us all the virus is no big deal.  This is from CBS’ 60 Minutes as reported by Jonathan LaPook: “Fauci admits administration has restricted his media appearances, says he’s not surprised Trump got COVID”.  

Dr. Anthony Fauci has been a voice of logic and stability since the pandemic began. And right now, he’s worried we’re heading in the wrong direction. Worldwide the number of new cases is surging at an alarming rate, as seen in this map by Johns Hopkins University. This week, Russia reported a record number of infections, and cases are spiking in the UK, France, and Italy.

Dr. Anthony Fauci: When you have a million deaths and over 30 million infections globally, you can not say that we’re on the road to essentially getting out of this. So quite frankly, I don’t know where we are. It’s impossible to say.

What Dr. Fauci knows for sure is, here in the United States, infections are beginning to rise as the weather gets colder and people congregate indoors. Over the last two weeks, new cases have gone up in at least 38 states.

Dr. Jon LaPook: How bad would things have to get for you to advocate a national lockdown?

Dr. Anthony Fauci: They’d have to get really, really bad. First of all, the country is fatigued with restrictions. So we wanna use public health measures not to get in the way of opening the economy, but to being a safe gateway to opening the economy. So instead of having an opposition, open up the economy, get jobs back, or shut down. No. Put “shut down” away and say, “We’re gonna use public health measures to help us safely get to where we wanna go.”

Those measures were not in place last month in the rose garden when President Trump announced the nomination of Amy Coney Barrett to the Supreme Court.

Dr. Jon LaPook: Were you surprised that President Trump got sick?

Dr. Anthony Fauci: Absolutely not. I was worried that he was going to get sick when I saw him in a completely precarious situation of crowded, no separation between people, and almost nobody wearing a mask. When I saw that on TV, I said, “Oh my goodness. Nothing good can come outta that, that’s gotta be a problem.” And then sure enough, it turned out to be a superspreader event.

The good Doctor intends to vote in person on election day and says it can be done safely.  Read or watch the entire interview at the link.

Yes. Please vote.

The AP went in search of the not so elusive Burbie women in Michigan and low and behold they found more than a few women of color!  Wow!  Some one tell the Russian Potted Plant occupying the Oval Office! Claire Galofaro  reports:  ‘Our house is on fire’: Suburban women lead a Trump revolt .  However, the lede feature is a suburban white woman so there’s still that. (sigh).  But it’s Michigan and that’s an important state.

For many of those women, the past four years have meant frustration, anger and activism — a political awakening that powered women’s marches, the #MeToo movement and the victories of record numbers of female candidates in 2018. That energy has helped create the widest gender gap — the political divide between men and women — in recent history. And it has started to show up in early voting as women are casting their ballots earlier than men. In Michigan, women have cast nearly 56% of the early vote so far, and 68% of those were Democrats, according to the voting data firm L2.

That could mean trouble for Trump, not just in Oakland County but also in suburban battlegrounds outside Milwaukee, Philadelphia and Phoenix.

Trump has tried to appeal to “the suburban housewives of America,” as he called them. Embracing fear and deploying dog whistles, he has argued that Black Lives Matter protesters will bring crime, low-income housing will ruin property values, suburbs will be abolished. Campaigning in Pennsylvania last week, he begged: “Suburban women, will you please like me?”

There’s no sign all this is working. Some recent polls show Biden winning support from about 60% of suburban women. In 2016, Democrat Hillary Clinton won 52%, according to an estimate by the Pew Research Center.

Talk to women across suburban Michigan, and you’ll find ample confirmation: the lifelong Republican who says her party has been commandeered by cowards. The Black executive who fears for the safety of her sons. The Democrat who voted for Trump in 2016 but now describes him as “a terrible person.”

Together, they create a powerful political force.

All I can say is whatever it takes to get that Monster out of the White House.

This NYT Times Op-ED asks a question we can only hope isn’t rhetorical. “Has Trump Drawn the Water for a ‘Republican Blood Bath’?  And if he has, what should Biden do with his first term?”  It’s a conversation between Gail Collins and Bret Stephens.

Gail: Speaking of the competition between Trump and Biden, what did you think of those town hall pseudo debates?

Bret: I think they’re a public service. Biden continues to dispel the myth that he no longer has a brain. And Trump continues to dispel the myth that he’s ever had a heart. The more voters are reminded of these two facts between now and the election, the likelier we are to send Trump into permanent exile in Mar-a-Lago or wherever else he goes from here.

Gail: Well thanks to great reporting from our Times colleagues, we are able to hope that the first place he goes from here is bankruptcy.

Bret: From Here to Bankruptcy? Wasn’t that a film with Burt Lancaster and Montgomery Clift?

Gail: If it was a new version, we’d have to watch the scene where Trump goes to the beach and embraces Melania (or Stormy? Or someone in between?) in the waves. Definitely don’t want to go there.

Bret: In the meantime, it looks like Amy Coney Barrett is heading toward confirmation, and some progressives are advocating all manner of retaliation against Republicans for pushing the nomination through: ending the Senate filibuster for legislation, packing the Supreme Court, even pushing for statehood for Puerto Rico and the District of Columbia.

All this assumes Democrats win back the Senate and the White House. If they do, is any of that warranted or wise?

Gail: None of those would be on the top of my priority list, but I can understand why they’re coming up. The way the Republicans have handled court appointments is shocking, including their decision to break all the precedents they set during the Obama administration and ram Barrett through just days before the election.

Bret: Well, I wouldn’t object to any president’s right to nominate a justice at any point in his presidency if Mitch McConnell hadn’t held up Merrick Garland’s nomination to replace Antonin Scalia on transparently bogus grounds. But the hypocrisy rankles and reeks. If Senate Republicans had integrity — ha! — they would have held themselves to their own standard and held the nomination until after January.

Frans Hellens, 1919 – Amedeo Modigliani –

Trump’s constant trips to the Courts appear to be paying off for everyone but Trump Policy.  This is from WAPO. “Federal judge strikes down Trump plan to slash food stamps for 700,000 unemployed Americans” as reported by Spencer Hsu.

A federal judge on Sunday formally struck down a Trump administration attempt to end food stamp benefits for nearly 700,000 unemployed people, blocking as “arbitrary and capricious” the first of three such planned measures to restrict the federal food safety net.

“In a scathing 67-page opinion, Chief U.S. District Judge Beryl A. Howell of D.C. condemned the Agriculture Department for failing to justify or even address the impact of the sweeping change on states, saying its shortcomings had been placed in stark relief amid the pandemic, during which unemployment has quadrupled and rosters of the Supplemental Nutrition Assistance Program have grown by more than 17 percent, with more than 6 million new enrollees.

The rule “at issue in this litigation radically and abruptly alters decades of regulatory practice, leaving States scrambling and exponentially increasing food insecurity for tens of thousands of Americans,” Howell wrote, adding that the Agriculture Department “has been icily silent about how many [adults] would have been denied SNAP benefits had the changes sought . . . been in effect while the pandemic rapidly spread across the country.” The judge concluded that the department’s “utter failure to address the issue renders the agency action arbitrary and capricious.”

Howell temporarily enjoined the proposal on March 13, the same day President Trump declared the coronavirus outbreak a national emergency. Congress then waived the requirement for the duration of the emergency as part of economic relief legislation, and the Trump administration suspended its planned April implementation date.

However, the Agriculture Department appealed the judge’s earlier order, and absent court intervention the rule would have taken full effect at the end of the state of emergency. Spokesmen for the department did not immediately respond to a request for comment.

Also going to SCOTUS is the Trump Wall debacle and his “remain in Mexico policy (via Reuters) “U.S. Supreme Court to review legality of Trump’s ‘remain in Mexico’ asylum policy”.

The U.S. Supreme Court on Monday agreed to decide the legality of one of President Donald Trump’s hardline immigration policies that has forced tens of thousands of migrants along the southern border to wait in Mexico, rather than entering the United States, while their asylum claims are processed.

The justices will hear a Trump administration appeal of a 2019 lower court ruling that found that the policy likely violated federal immigration law. The “remain in Mexico” policy remains in effect because the Supreme Court in March put the lower court’s decision to block it on hold while the legal battle continues.

The Republican president has said the policy, which took effect in January 2019, has reduced the flow of migrants from Central America into the United States. Restricting both illegal and legal immigration has been a central theme of Trump’s presidency. He has sought to reduce asylum claims through a series of policy and rule changes.

Immigration advocacy groups and 11 individual asylum seekers who fled violence in El Salvador, Guatemala and Honduras were returned to Mexico after entering the United States filed suit to challenge the legality of the policy.

Portrait of Jeanne Herbuterne – Amedeo Modigliani 

Further information on this can be found at WAPO: “Supreme Court to review Trump’s border wall funding and ‘remain-in-Mexico’ program”.

The Trump administration had asked the court to intervene in both because of decisions against it in lower courts.

Also in both cases, the justices have previously allowed the administration to proceed with its plans while the merits of the issues were litigated.

In July, the court rejected a last-ditch effort from environmentalists to stop the ongoing construction of parts of the border wall. A panel of the U.S. Court of Appeals for the 9th Circuit ruled in late June that the administration’s use for the wall of funds intended for the Defense Department was unlawful.

By the time the court hears the case, lawyers for the American Civil Liberties Union, which is representing the Sierra Club and the Southern Border Communities Coalition, say the Trump administration will have used all of the money.

But the administration told the court it was important for it to weigh in to correct the decision that the president did not have the authority to redirect military funds to pay for border wall construction.

Trump, who ran for office in 2016 promising that Mexico would pay for the border wall, has obtained more than $15 billion in federal funds for his signature project, including $5 billion provided by Congress through conventional appropriations. The president has tapped into Pentagon accounts for the remaining $10 billion, including the $2.5 billion transfer last year that the 9th Circuit said was unlawful.

In 2019, the Supreme Court in an emergency order allowed the administration to proceed with the transfers and contracts for construction, even though House Democrats, affected states and environmental groups said that violated the will of Congress, which withheld the funds from the administration.

So, if you’re like me and getting very tired, wistful, and full of wishing you will never hear anything negative about dull moments again, just join us and vote!  VOTE!  VOTE!

What’s on your reading and blogging list today?


Lazy Caturday Reads: Trump In Trouble

Good Morning!!

Only a little more than 2 weeks to go until November 3!

Biden continues to lead Trump in the polls. In the latest NPR/PBS NewsHour/Marist poll, he Biden is ahead by 11 points among likely voters. At Vanity Fair, Bess Levin humorously summarizes the findings: Poll: Americans Think Donald Trump is a “Horrible” “Disgusting” “Putinesque” “Ass.” They additionally think he’s a “racist,” “despicable,” “corrupt,” “antichrist.”

Trump was able to win in 2016 with just 46% of voters casting a ballot in his favor because states key to the Electoral College backed him. But Biden is ahead in several crucial states, including Michigan, Pennsylvania, and Wisconsin, which helped Trump clinch the election four years ago. Not only has Biden maintained an advantage with Black, Latino, and women voters—which might have something to do with the fact that Trump is a flaming raollscist and misogynist—plus young voters, independents, and people who live in cities and suburbs, he is also leading the president with a heretofore unthinkable collection of individuals: white people.

Yes, Trump, who won white voters by 20 points in 2016, and has spent the last four years saying and doing things that have suggested there was a nonzero chance he might appear at a rally one day wearing a white sheet and burning a cross, is losing to Biden with his favorite demographic….

e311dc18f9055eeb652c4493bf95a51fAdditionally, 52% of likely voters view Trump’s presidency as a failure, which is generally not a great thing vis-à-vis winning an election. The bad news for the president comes on the heels of his white-power-embracing, lie-spewing, explosive-diarrhea-of-the-mouth debate performance earlier this month and his COVID-19 diagnosis. And it’s not the only thing the campaign should probably be worried about! On top of the cold, hard data, poll respondents were asked to describe the candidates using one word, and for Trump, the views are a positive sign, unless it’s considered a positive that Americans think he’s a pathetic jackass:

“For Trump, the word that stands out is ‘incompetent,’ while for Biden it is ‘honest.’

From the NPR article:

To be clear, both candidates have a range of words ascribed to them that are positive and negative.

For Trump, on the positive end, people said he is “good,” “great,” “successful” and “strong.” On the negative side, “incompetent” was overwhelmingly the most common word used, followed by “liar,” “failure,” “bad,” “horrible,” “disaster,” “arrogant” and “buffoon.”

The positives ascribed to Biden include, for example, “honest,” “confident,” “hopeful,” “good,” “trustworthy” and “compassionate.”

On the negative side, voters said: “old,” “confused,” “incompetent,” “senile” and “weak.”

Biden also beat Trump soundly in TV ratings of their competing town hall appearances on Thursday night. Vanity Fair: It’s Official: Biden Beats Trump in Town Hall Television Ratings.

Dr. Thomas’ Eclectric Oil was formulated by Dr. S. N. Thomas in the late 1840s. It contained spirits of turpentine, camphor, oil of tar, red thyme, and fish oil

Dr. Thomas’ Eclectric Oil was formulated by Dr. S. N. Thomas in the late 1840s. It contained spirits of turpentine, camphor, oil of tar, red thyme, and fish oil.

According to Nielsen numbers released Friday, the Biden event was watched by 13.9 million viewers on ABC, easily besting Trump’s NBC spectacle, which drew just 10.9 million viewers. The Trump event’s total viewership was dwarfed by Biden’s even though Trump’s was simulcast on CNBC and MSNBC: as CNN noted, the three networks combined for roughly 13 million viewers, a total that still lagged behind the Biden event.

Before Thursday night’s town hall with Trump aired on NBC—a last-minute decision that was broadly panned—outlets reported that the president was banking on a ratings windfall.

“He looks at this the same way he looks at attendance at his rallies versus the [turnout] Biden gets for his events,” an anonymous source told The Daily Beast this week. “He obviously wants to blow Biden out of the water.

But on Friday morning, in the wake of mockery for his performance, Trump received some surprising news: a Biden ratings lead in the preliminary numbers. Even then, it was expected that Trump would ultimately prevail, owing to the fact that NBC blanketed its cable networks with the president. Alas, that wasn’t the case—although Trump could still potentially claim victory, as the Nielsen numbers only account for television viewership and not online and streaming numbers. (As one reporter noted, however, Biden’s town hall did comfortably beat Trump’s event in viewership on YouTube.)

It’s not looking good for Trump, and he is clearly freaking out about it. In a rally in Macon, GA last night he said he might have to leave the country if he loses.

From the article:

At one point, Mr. Trump threatened to leave the country should he lose the election.

“Could you imagine if I lose?” he said. “I’m not going to feel so good. Maybe I’ll have to leave the country, I don’t know.”

Trailing in the polls and at a significant cash deficit compared to Mr. Biden, Mr. Trump attempted to argue that he was opting against raising more money as he enters the final stretch of the election.

7ba691e3487ddcefa6da51176d2d1c9a“I could raise more money,” he said. “I would be the world’s greatest fund-raiser, but I just don’t want to do it.”

Mr. Trump’s campaign announced this week that he had raised over $247 million last month, far short of the record $383 million raised by Mr. Biden’s campaign and affiliated Democratic committees.

The president also delivered a discursive monologue about what he cast as a choice to not be more presidential, an allusion to the chaotic style that has turned off suburban women, a group that helped boost Mr. Trump to victory four years ago.

“I used to go and I’d imitate a president who’s playing presidential — it’s so easy compared to what we do,” he said. “I said, ‘I can be more presidential than any president in our history with the possible exception of Abraham Lincoln when he wore the hat, that’s tough to beat.’”

Mr. Trump acknowledged his losses in the suburbs, seeming to link his slide to his divisive style. Mr. Biden leads by 23 points among suburban women in battleground states, according to recent polling by The New York Times and Siena College. Among suburban men, the race is tied.

“Suburban women,” he said. “I heard they like my policy but they don’t like my personality. I said they don’t care about my personality, they want to be safe.”

I don’t think it’s just his personality that turns off women voters. It’s his actions and non-actions.

76b7e01e343198f80551b13039a37789Trump might actually try to leave the country if he loses, because he will face multiple criminal prosecutions. But that won’t save him from the millions he owes to someone, likely Deutsche Bank. The New York Times has a new article up based on Trump’s tax data: $421 Million in Debt: Trump Calls It ‘a Peanut,’ but Challenges Lie Ahead.

President Trump painted a rosy picture of his financial condition during a televised town hall on Thursday night, calling his hundreds of millions of dollars in debt coming due “a peanut” and saying he had borrowed it as a favor to lenders eager to take advantage of his financial strength.

In fact, the loans, and the unusual requirement he had to accept to receive them, illustrate the financial challenges he faces and the longstanding reluctance of banks to deal with him.

Mr. Trump had to personally guarantee $421 million in debt, a rare step that lenders only require of businesses that may not be able to repay. The commitment puts his assets on the line and could place his lenders, should he be re-elected, in the position of deciding whether to foreclose on a sitting president.

The personal guarantee also speaks to why, despite Mr. Trump’s assertion that banks are eager to lend him money, nearly all the money he borrowed in the last decade came from only two institutions.

“When a bank asks for a personal guarantee, it is because the bank isn’t satisfied with the creditworthiness of the borrower,” said Richard Scott Carnell, who served as assistant secretary for financial institutions at the Treasury Department under President Bill Clinton and now teaches law at Fordham University. “If the captain gives a personal guarantee for the ship, he will be less likely to sink it.”

Sheet music, 1876There are lots of articles today on the ridiculous New York Post/Rudy Giuliani story about Hunter Biden’s alleged emails. This one is by David Ignatius at The Washington Post: The truth behind the Hunter Biden non-scandal.

The story of Hunter Biden’s involvement with the Ukrainian gas company Burisma isn’t a scandal about his father, as the Trump campaign claims, but part of a personal tragedy for the vice president’s son, compounded by this week’s dissemination of what looks like disinformation about Joe Biden’s role.

What’s clear, beyond the false scandal-mongering, has been evident for years: Hunter Biden made a mistake getting involved with a dubious company like Burisma. But the notion that the Burisma affair undermines Joe Biden’s case to be president is, as he would say, malarkey.

The Biden campaign has been understandably reluctant to respond, for fear of giving the story legitimacy. Still, Biden has said his son made a mistake. Family friends say the vice president is reluctant to publicly criticize Hunter Biden further, but they stress that both Bidens have learned the painful lesson that a president’s children should stay away from international business. Would that the Trump family recognized that rule.

That’s really the point, isn’t it? I wonder why more news outlets don’t focus on Trump’s nepotism and the corrupt behavior of his children and son-in-law.

e0112888dc530ac522ef0f49d21a74a3The Hunter-Ukraine connection has been a political sideshow since the Biden campaign began. It got new voltage this week when the New York Post published what it claimed were emails from Hunter Biden’s laptop suggesting that he had helped arrange a 2015 meeting between his father and a Burisma executive. The Biden campaign denied any such meeting, and its accounts, based on recollections of multiple staff members, are believable. An Eastern European expert in digital forensics who has examined some of the Ukrainian documents leaked to the New York Post told me he found anomalies — such as American-style capitalization of the names of ministries — that suggest fakery.

Read more at the WaPo and at the following links:

AP: Biden email episode illustrates risk to Trump from Giuliani.

The Daily Beast: Bolton Warned His Staff To Stay Away From Russia-Aligned Rudy Giuliani.

NPR: Analysis: Questionable ‘N.Y. Post’ Scoop Driven by Ex-Hannity Producer, Giuliani.

The Daily Beast: Rudy: Only ‘50/50’ Chance I Worked With a ‘Russian Spy’ to Dig Dirt on Bidens.

One more before I wrap this up. Yesterday Judge Reggie Walton called Trump’s bluff on his tweeted order to declassify every document associated with the Russia investigation. The Washington Post: U.S. judge: Do Trump’s tweets or White House lawyers speak for president on declassifying entire Russia probe?

A federal judge rebuked the Justice Department and the White House Counsel’s Office on Friday for dismissing without explanation President Trump’s “emphatic and unambiguous” tweets ordering the declassification of all documents in the government’s probe of Russia’s interference in the 2016 U.S. election.

“I have fully authorized the total Declassification of any & all documents pertaining to the single greatest political CRIME in American History, the Russia Hoax,” the president tweeted Oct. 6. “Likewise, the Hillary Clinton Email Scandal. No redactions!”

1883 posterTrump’s blanket statement came the day after he returned to the White House from three days of treatment for the novel coronavirus at Walter Reed National Military Medical Center in Bethesda, Md. The tweet has since created a headache for government lawyers in pending open-records lawsuits filed by news organizations seeking fuller disclosure of special counsel Robert S. Mueller III’s report and investigative materials.

Associate Deputy Attorney General Bradley Weinsheimer maintained in a court filing Tuesday that the White House Counsel’s Office informed the Justice Department that notwithstanding the president’s statement, “there is no order requiring wholesale declassification or disclosure of documents at issue.”

The Judge wasn’t buying it.

At Friday’s hearing, however, Judge Reggie B. Walton of the U.S. District Court in D.C. expressed bafflement at the claim that President Trump’s words were not to be believed.

“I think the American public has a right to rely on what the president says his intention is,” Walton said.

“It seems to me when a president makes a clear, unambiguous statement of what his intention is, that I can’t rely on the White House Counsel’s Office saying, ‘Well, that was not his intent,’ ” the judge said in a hearing conducted by videoconference because of the coronavirus pandemic.

Walton directed the department by noon Tuesday to clarify with Trump or “an individual who has conferred directly with the president” whether Trump had intended to order the declassification and release of Mueller report materials without redaction. The judge cited the urgency of releasing as much information as possible in the remaining days before the election.

This could get interesting. I hope you all have a great weekend. Please stop by Sky Dancing if you have the time and inclination–we love to hear from you!