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?


Thursday Reads

Good Morning!!

As I was starting my day, I discovered that my internet was down. It finally came back, and I’ve been belatedly looking around at the latest news. Every day it gets crazier and crazier. Why did I ever think we could be rid of Trump if he lost the 2020 election? Fat chance. Will he ever go away? Maybe if he finally goes to prison or dies of old age. In the meantime, we’re stuck with a dangerous high profile lunatic who may have the ability to destroy not only our democracy, but also our national security.

How many of those top secret documents did Trump read or share with visitors to his office–where documents were stored in boxes and even in his desk?! What if he decides to reveal government secrets on Truth Social or in TV interviews? Some Democrats are worried he could do something that insane.

The Daily Beast: Dem Lawmakers Grow Concerned Trump May Spill State Secrets.

The damning photograph that the Department of Justice released Tuesday night, showing classified documents spread out across the carpeted floor at Mar-a-Lago, confirmed that former President Donald Trump had kept records related to intercepted communications—possibly involving secret spy satellites or surveillance aircraft.

And the sensitive nature of those secrets, coupled with Trump’s particularly unhinged behavior in recent days, has many Democratic lawmakers nervous.

In the photo released late Tuesday, some of the documents were labeled “TOP SECRET.” Others were just “SECRET.” But either way, the White House memos cautioned that they should severely limit access to details contained within. Some of the documents can be seen with the “NOFORN” marking, indicating that no foreign nationals should ever lay eyes on them.

All of the visible cover sheets warned that the contents were “HSC-P/SI/TK,” meant to signify that the secrets they held inside were strictly controlled, clandestinely captured, and involving possible aerial reconnaissance, respectively.

1200x-1Adding to the chaos, in the hours before and after that DOJ disclosure, Trump showed himself to be increasingly volatile, taking to his own social media app to share bizarre conspiracy theories about Hunter Biden’s laptop, Q-Anon cult material, and assert that the records he had are, in fact, no longer restricted.

“Thought they wanted them kept Secret? Lucky I Declassified!” Trump’s personal account posted Wednesday morning.

The implied threat is that he could, if he so desired, reveal them at any time….

“I would not leave it beyond him to do something as insane as that. When someone is cornered, they make very bad decisions, and Donald Trump is in a very bad situation right now. We don’t know what he will do,” Rep. Ted Lieu (D-CA) said in an interview with The Daily Beast.

Read remarks from several other Congresspeople at the link. Just a bit more:

The damage assessment currently underway by the office of Director of National Intelligence Avril Haines will take into account what could happen if these secrets were exposed. And the FBI has seized surveillance video footage from Mar-a-Lago that might show who handled those records without permission this past summer.

But Trump continues to rage-post online, which is why Rep. Jared Huffman (D-CA) warned that the threat is ongoing.

“Here’s what makes it truly scary: Trump is weirdly attached to all of this ‘Top Secret’ information, he constantly throws tantrums, and he has an insatiable desire for attention including on social media,” Huffman said. “Since he no longer has White House china to smash, his next tantrum might be blurting out sensitive national secrets on Truth Social, or calling his pal [Vladimir] Putin to divulge or even sell information. With anyone else these would seem like crazy scenarios, but not with Trump.”

From Andrew Feinberg at The Independent: ‘We’re gonna blind ourselves’: Ex-intel officials say Trump’s document hoarding could ruin years of work.

Former president Donald Trump’s hoarding of highly classified national defence information at the Palm Beach, Florida, home could bring about a level of damage to US intelligence operations not seen in decades, according to current and former intelligence community officials and experts who spoke to The Independent.

A Tuesday court filing from the Department of Justice laid out just how many documents containing America’s most sensitive secrets were recovered from the ex-president over the last nine months.

More than 100 “unique documents with classification markings” were seized from his Mar-a-Lago club during an 8 August search by FBI agents, including three stored in Mr Trump’s desk. Classification levels ranged from confidential — the lowest level of classification in the US system — to the highest, top secret.

The department also said “certain documents” found at Mr Trump’s property bore markings denoting them as containing “sensitive compartmented information”, a designation reserved for extremely closely held secrets often involving intelligence sources and methods or nuclear weapons. Those 100 joined another 38 documents which FBI agents recovered from Mr Trump’s counsel during a 3 June meeting at Mar-a-Lago, plus another 184 documents which National Archives and Records Administration officials brought back from Florida in a set of 15 boxes Mr Trump allowed them to retrieve in January.

What national security experts told The Independent:

The experts who spoke with The Independent have decades of combined experience dealing with the most sensitive information, ranging from battlefield intelligence meant to disrupt terrorism networks to human intelligence gathered from clandestine assets and the highly technical signals intelligence collected by the National Security Agency.

All of them expressed fears that Mr Trump’s retention of such closely held secrets in a notoriously insecure facility — and one that has long been known to be a target of foreign intelligence services — will lead the US government to undertake what will be a unilateral degradation of American intelligence capabilities, on the assumption that whatever programs described in the papers stored at Mar-a-Lago may already have been or will soon be compromised.

David Priess, a former CIA intelligence officer who delivered daily intelligence briefings to then-FBI Director Robert Mueller and other top officials during the George W Bush administration, told The Intependent in a phone interview that it’s possible that some programmes that may be compromised by Mr Trump’s retention of documents in such a public place could still be salvaged if the documents in question are not specific as to intelligence sources or methods….

“It’s likely that some of the information is going to lead to some at least some serious investigation and possibly some actual shutdowns of some collection,” he said.

Another former CIA analyst, who asked for anonymity because they now hold another sensitive position in the US government, said Mr Trump’s retention of documents pertaining to “HUMINT” — human intelligence that is often gathered with the aid of sources recruited in hostile countries over a period of years — could lead intelligence officials to pull the plug on long-running operations and possibly could force them to mount operations to extract operatives or assets to safety.

“There’s a good chance someone at Langley is now trying to figure out how to exfiltrate some very helpful folks from very unfriendly places,” they said.

Feinberg notes that this already happened in 2017, when Trump blabbed about a secret operation to Sergey Lavrov and Russian Ambassador Sergey Kislyak in the Oval Office.

Meanwhile, Trump’s incompetent lawyers are blabbing scary stuff. Alina Habba, who previously represented a parking garage company, thinks violating the espionage act is a “mundane” crime.

And she says that she has been in Trump’s office–where he was storing top secret documents in his desk and in boxes, and so have lots of other visitors.

https://twitter.com/petestrzok/status/1565159612432744451?s=20&t=b9701kNKbmJX61eDUQ9Z_w

Today at 1PM, Judge Aileen Cannon will hold a hearing on whether she should appoint a “special master” to examine the documents the FBI seized from Mar-a-Lago. Tierney Sneed at CNN: What to watch for at Thursday’s hearing in Trump’s bid for a special master over documents seized at Mar-a-Lago.

After an explosive court brief and picture of classified documents from Mar-a-Lago earlier this week, the Justice Department will argue in court Thursday against a request by former President Donald Trump that a so-called special master be appointed in to review the evidence the FBI seized at his Florida resort last month.

US District Judge Aileen Cannon will be considering whether to bring in third party oversight of the Justice Department, in which an outside attorney would in theory identify and filter out evidence that should be withheld from investigators because it was privileged.

Arguing it is unnecessary, prosecutors in court filings Tuesday night provided new details about its investigation into whether classified government documents were illegally mishandled. Lawyers for the former president, who filed a lawsuit last week seeking the appointment, meanwhile argued in a Wednesday night court filing that the Justice Department could not be trusted, as Trump claimed the search itself was unjustified.

Cannon previously signaled an inclination toward granting Trump’s request, but that was before the Justice Department’s dramatic filing this week.

Sneed lists the following questions to watch for (Read details at the CNN link):

 — How sharply does DOJ go after Trump’s spin?

 — How are the dynamics on Trump team playing out?

 — Does the judge recalibrate her approach?

 — If the judge grants the special master review, what does it look like?

As you know, over the past two days, first the DOJ and then Trump lawyers turned in filings with their arguments about Trump’s request for a special master. The DOJ strongly opposed the request in a longer than usual argument (35 pages) on Tuesday; Trump’s team responded with their arguments in favor yesterday. Today journalists are reporting new insights into the two opposing filings. 

Two more relevant reads:

Barbara McQuade at The Daily Beast: Are Trump’s Passports the FBI’s Smoking Gun?

According to DOJ’s recent brief, classified documents in that office were “commingled” in a desk drawer with three passports. While the government did not disclose the name on the passports, Trump himself has complained that during the search, the FBI “stole” his three passports. It seems a safe bet that the passports DOJ recovered were Trump’s.

The significance of the passports is enormous. As DOJ explained in an understated footnote, “The location of the passports is relevant evidence in an investigation of unauthorized retention and mishandling of national defense information.”

In other words, the presence of the passports in the same drawer as the classified records tends to tie the unauthorized possession of these documents to Trump himself. A photo included with the filing shows the items that were recovered from his office. Among the classification markings on the documents are “Top Secret,” meaning that the disclosure of the material could cause exceptionally grave damage to the national security of the United States.

A routine practice in drafting search warrants is to include a request to seize identity documents that can connect the subject of the investigation with the premises. That helps to make the evidentiary tie between the person and any contraband that might be found at the location. For example, if searching for illegal drugs in a house where multiple people come and go, agents will seek authority to seize identity documents like a driver’s license, photographs or other personal possessions located in the same room as the contraband. Finding both of these items together tends to connect the person to the contraband. Here, the presence of Trump’s passports alongside the classified documents supports an inference that he himself possessed the classified documents.

To the extent Trump may be inclined to pin all blame on his lawyer who signed a document in June attesting that all of the classified documents had been returned, the documents in his personal desk drawer are a problem for him. The former president would need to explain away the notion that he himself possessed these documents long after the government asked for their return, and despite personal assurances from Trump when Counterintelligence Section Chief Jay Bratt visited Mar-a-Lago in June to inspect the storage of documents. At the time, Trump told Bratt, “Whatever you need, just let us know.”

The former president’s continued retention of the documents, even after the repeated requests to return them, suggests a willful violation of the law.

Read more at The Daily Beast.

The Washington Post: Justice filing points to new legal trouble for Trump and lawyers, experts say.

Newly public details from the Justice Department’s criminal probe of documents taken to Mar-a-Lago suggest enormous legal peril for two of Donald Trump’s attorneys  and considerable uncertainty for Trump himself, intelligence and legal expertssaid.

There’s no way to predict whether the Justice Department will ultimately pursue charges against the former president or his associates. But in a court filing Tuesday night, government lawyers recounted numerous instances in which Trump’s lawyers allegedly misled government officials during the investigation, and in which Trump or his team appear to have haphazardly handled materials that contained national security secrets.

The evidence laid out in the filing, experts said, could build a legal case that Trump attorneys Evan Corcoran and Christina Bobb obstructed the government’s investigation, allegedly telling FBI agents and prosecutors that they had handed over all classified documents when in fact many remained in Trump’s possession.

Left unanswered were key questions that could determine Trump’s legal fate: Did he direct Corcoran and Bobb to mislead the government, either before or after the FBI raid of his Florida home and club?

And, if so, why did he want to keep reams of top-secret classified documents there?

“It’s bad,” said Peter Lapp, a former FBI agent who worked on espionage cases and is now a private consultant. “It’s all pretty damning.”

Read the rest at the WaPo.

I’ll end there. I’ll be hanging out on Twitter to watch for reports from Judge Cannon’s courtroom. I hope there will be a quick resolution. If she does favor a special master, I wonder if the DOJ will appeal? What do you think? What other stories are you following?


Tuesday Reads

Sunshine,, by Mary Gibbs

Sunshine, by Mary Gibbs

Good Morning!!

Many of you know that I was born in North Dakota and have a long family history there as well as in Minnesota. We moved away when I was a child; but both sets of grandparents were still there, so we often went back to visit. I’m the eldest child in my family, and my other siblings don’t remember much, if anything, about North Dakota, or even about our paternal grandparents. My mother’s parents eventually moved to Indiana.

I’ve heard stories about North Dakota from my parents all my life and I guess for that reason, I still have an emotional attachment to the place. I took two trips up there with my parents, and we found the places my parents were born and grew up–my Dad in Fargo and my Mom in Hope and Lisbon. we also visited the North Dakota State campus in Fargo, where my parents met in a political science class, and Grand Forks, where my Dad got his masters degree at the University of North Dakota. We also explored the Theodore Roosevelt National Park and visited several historical sites. 

It might sound strange, but when we were there, I had a real sense of belonging, a feeling that “This is where I came from.” Now my Dad is gone and my Mom has lost most of her memories–at least she can’t talk about them anymore. My Mom used to tell me that I was the only one who could carry on those memories for them.

Do I sound nuts? I don’t know. What triggered this reverie was an article in Smithsonian Magazine: See the Incredible Sunflower Superbloom in North Dakota.

North Dakota is one of the nation’s top sunflower-producing states, using the cheery yellow flowers for everything from bird seed mixes to cooking oils.

But before North Dakota’s many hardworking farmers start to harvest this tasty crop, the state comes alive with the golden hue of thousands upon thousands of sunflowers, all blooming together at the same time.

Known as a “superbloom,” the jaw-dropping phenomenon occurs every year toward the end of summer. Spring planting was delayed this year in North Dakota and other northern states because of cold, wet weather—but that also means that sunflowers in some parts of the state are still blooming.

Right now, many of the state’s sunflower fields are in peak bloom, with nearly all flowers showing off their delicate yellow petals. As such, the state has earned a reputation as “the best place in the United States to experience the vast sunflower blooms,” says Sara Otte Coleman, North Dakota’s tourism director, in a statement.

I found this interesting:

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Ukrainian immigrants first began planting sunflowers when they moved to North Dakota in the late 19th and early 20th centuries following the passage of the Homestead Act of 1862. Sunflowers are still an important plant for Ukrainians, both symbolically and economically. Before the Russian invasion of Ukraine in February, Ukraine was the largest exporter of sunflower oil in the world, though the war has largely halted production, per the New York Times’ Christine Hauser.

As well as this scientific fact:

When they’re young, sunflowers turn their heads toward the sun as it moves in the sky, a behavior known as heliotropism. But as they mature and start to produce seeds, they mostly point east, which scientists have learned helps the plants attract bees and ultimately reproduce.

Quite a few artists have painted sunflowers, and I’ve illustrated this post with some of those works.

 

On to today’s news…

Trump is melting down on his imitation twitter. So far, he has posted 60 times on Truth Social, including highlighting garbage from Q-anon and 4-chan.

Jake Epstein and Nicole Gaudiano at Insider: Trump posts dozens of memes attacking Biden, the FBI, and others as the former president’s allies beg him to keep quiet.

In the weeks since the FBI’s unprecedented search of Donald Trump’s Mar-a-Lago estate, the former president’s allies have pleaded with him to stop publicly commenting on the raid and fight the Justice Department’s investigation in the courts.

Trump isn’t listening.

On Tuesday morning alone, Trump has taken to his Truth Social platform over four dozen times to share memes and posts attacking his political enemies. Some posts are memes attacking President Joe Biden or other Democrats, while others are baseless election fraud claims or attempts to delegitimize the FBI. 

One post in particular from Tuesday morning shows a photo of Trump with the false caption, “TRUMP WON,” in reference to the 2020 presidential election. The former president then reposted the photo and wrote that the “FBI has advanced this fact even further.” 

Another post included a photo with a caption that read: “81 million votes… and I’ve never seen a pro Biden hat, shirt or flag in my life.” Trump reposted the photo and said, “It is rather amazing, isn’t it?”

Trump earlier demanded in an all-caps filled message that he be reinstated as the “rightful winner” of the presidency or that a new election for president be held “immediately” — a request with no basis in constitutional law. 

If only there were some way to speed up the investigation and take this man off the streets.

Please, let him go to jail. . . please.

Republicans are getting nervous about what Trump’s insane behavior will mean for them in the upcoming midterm elections. Politico: ‘There’s enormous frustration’: Trump forces Republicans off-script… again.

The investigation into Donald Trump’s handling of classified national security records is forcing Republicans into a strained defense during a pre-midterm sprint in which they’d much rather be talking about Joe Biden.

After having decried the FBI’s search of the ex-president’s home, many Trump defenders went silent uponthe release on Friday of the probable-cause affidavit that revealed the extent of Trump’s efforts to hold onto the top-secret documents. GOP worries about the developments of the case and Trump announcing a 2024 run before November are giving way to a subtle, broader warning about putting the former president too much on the ballot this fall.

“Republicans should focus on defeating Democrats, and every Democrat should have the word Biden in front of their name,” said Trump ally and former Republican Speaker Newt Gingrich. “The Republican focus should be to win the election in November. Trump will do a fine job defending himself. He’ll be fine.”

4-sunflowers-claude-monet

Sunflowers, by Claude Monet

Some top Republicans acknowledge the growing angst and concern, as it’s become clearer that Trump may have been warehousing some of America’s most sensitive secrets in an unsecured basement — and even refused to turn them over when the National Archives and Justice Department tried to recover them. One top Republican fundraiser asked to describe the mood among donors, said, “There is enormous frustration.”

“The question is, is there willingness to express that frustration,” the fundraiser added. “I don’t know the answer to that. But there is real frustration, and with the exception of people who are too stupid to understand the need to be frustrated, it is nearly universal.”

Strained defenses and private frustrations are familiar emotions for some Republicans during the Trump era. But the stakes are particularly high this fall, with projections of a red wave in the House getting dimmed to a smaller GOP majority and as Sen. Chuck Schumer appears potentially poised to remain in control of the Senate.

Republican hopes for winning back the Senate are looking worse all the time. Sahil Kapur at NBC News: Here are the signs Republicans’ hopes for a ‘red wave’ are receding ahead of the 2022 elections.

Last fall, Republicans held high hopes of a “red wave” in the 2022 elections after they stormed to power in blue-leaning Virginia and nearly won the governor’s race in New Jersey. While Democrats were demotivated, the GOP base was on fire.

But in recent weeks, numerous data points have indicated Republican prospects of a smashing victory are dimming. While the president’s party tends to perform poorly in midterm elections, there are signs it is shaping up to be an unusual year, potentially enabling Democrats to hold one or both chambers of Congress.

Some of the bad signs for the GOP:

  • A Democratic victory in a bellwether election. The starkest sign of a shifting landscape came last week in the Hudson Valley, a highly competitive district north of New York City that has mirrored the national landscape for years. It voted for Joe Biden in 2020, Trump in 2016 and Barack Obama in 2012. In a red wave climate, Democrats would have no business winning the special House election. Yet Democrat Pat Ryan defeated Republican Marc Molinaro in a test of each party’s preferred message. Ryan ran on protecting abortion rights, combating gun violence and battling corporate greed, while Molinaro sought to make the election a referendum on Biden, inflation and “one-party” rule in Washington.
  • Persuadable voters are trending toward Democrats. The latest NBC News poll, conducted this month, included an unusual finding for midterm elections: Persuadable voters in the midterm election are tilting toward Democrats, the party in power. This group accounts for about 25% of respondents, who float between the parties and tend to be male, moderate, independent and exurban. They preferred Republicans by 6 points in the combined NBC News polls of January, March and May. But in the August poll, they leaned toward Democrats by 3 points.
  • The GOP’s “enthusiasm” edge is shrinking. In March, the NBC News poll found that Republicans held a 17-point “enthusiasm” advantage over Democrats — that is, their voters were more likely to express high interest in voting this fall. In the August poll, the GOP advantage fell to 2 points.
  • Mitch McConnell is downplaying expectations in the Senate. McConnell, the Republican leader, isn’t sounding too bullish about his prospects to capture control of the Senate, having predicted just two weeks ago, “There’s probably a greater likelihood the House flips than the Senate.” That may be a product of the shifting environment, along with a phenomenon McConnell described as “candidate quality.” A series of first-time Republican contenders are struggling in competitive races against seasoned Democratic politicians. Recruitment failures in states like New Hampshire and Arizona have led GOP governors to decline to run.

Read the rest of the bad omens at the NBC link.

the-sunflower-1907, Gustav Klimt

The Sunflower, by Gustav Klimt, 1907

Today is the day the DOJ is supposed to file it’s response to the Trump request for a Special Master to review the government documents that the FBI recovered in its search of Mar-a-Lago. Yesterday the judge agreed the DOJ response could be 40 pages long. It looks like Merrick Garland is planning to spell out in detail what Trump is suspected of doing.

Tierney Sneed and Paul LeBlanc at CNN: DOJ to file lengthy response to Trump’s request for a special master to oversee Mar-a-Lago search review.

The Justice Department on Tuesday will file publicly in court its response to former President Donald Trump’s bid for a special master to oversee the FBI’s review of materials seized in the Mar-a-Lago search.

The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.

Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.

Trump must file his reply to the Justice Department by 8 p.m. ET Wednesday night, per Cannon’s order, and the judge has scheduled a hearing for Thursday to consider Trump’s request for a special master — a third-party attorney appointed by a court to oversee part of a certain case. Notably, Cannon has already signaled a “preliminary intent” to grant Trump’s request, which could bring new complications to the DOJ’s closely watched investigation.

Yesterday the DOJ said it has already reviewed the documents.

The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.

In a court filing Monday, the agency said it has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege and is in the process of addressing privilege disputes.

Meanwhile, Trump has hired a new attorney who may be more competent than that ones currently representing him. Marc Caputo at NBC News: Trump hires former Florida solicitor general in criminal probe of Mar-a-Lago documents.

Chris Kise, Florida’s former solicitor general who served on Gov. Ron DeSantis’ transition team, inked a contract to represent Donald Trump in the criminal case that resulted in the FBI search of the former president’s home in Mar-a-Lago, according to two sources with knowledge of the discussions.

twelve-sunflowers-in-a-vase-Vincent Van Gogh

Twelve sunflowers in a vase, by Vincent Van Gogh

Kise, who declined to comment, began negotiations with Trump shortly after the FBI’s search of his Palm Beach estate Aug. 8. Numerous other criminal defense attorneys have said they couldn’t represent the former president in the Southern District of Florida, citing the all-consuming job of representing Trump or his reputation as a penny-pinching problematic client with a history of having rival advisers who backstab one another, according to five people with knowledge of the legal effort.

Other attorneys declined because their firms wanted to avoid the political blowback of representing such a divisive figure, according to those in Trump’s orbit who say thatKise is considering leaving the firm of Foley & Lardner — where he had briefly represented Venezuela’s government two years ago when hostilities with the United States ran high — to take the job.

Kise has won four cases before the U.S. Supreme Court and numerous ones before the Florida Supreme Court, and he also has a reputation as a skilled political knife fighter. In the waning days of the 2018 governor’s race, Kise widely publicized damaging information about Democrat Andrew Gillum secretly accepting free tickets to the Broadway show “Hamilton” from undercover FBI agents, in contravention of Florida’s ethics laws. Gillum, who denied wrongdoing, went on to narrowly lose to DeSantis and was indicted earlier this year following the FBI investigation.

Read the rest at the link.

We’ll have to wait until Thursday for the hearing in Judge Cannon’s court to learn more about how the investigation of Trump’s theft of highly classified government documents is going. Personally, I can’t wait!

What’s on your mind today? Please feel free to discuss any topic you wish in the comment thread below.