Thursday Reads: SCOTUS News

Good Morning!!

I feel emotionally wrung out this morning. We are living through important events that will reverberate down through history, and we still don’t know which side will control how future generations see these events. Will we succeed in rescuing U.S. democracy, or will the forces of fascism win in the end? Will we survive the stunning series of decisions the reactionary Supreme Court has inflicted on us in the past couple of weeks? With the societal divisions being sown by the GOP and the Court lead to a new civil war? Today I’m going to focus on the latest decisions from the Trumpist SCOTUS decisions.

Nina Totenberg at NPR: Supreme Court restricts the EPA’s authority to mandate carbon emissions reductions.

The U.S. Supreme Court on Thursday dealt a major blow to the Environmental Protection Agency’s power to regulate carbon emissions that cause climate change. The decision by the conservative court majority sets the stage for further limitations on the regulatory power of other agencies as well.

By a vote of 6 to 3, the court said that any time an agency does something big and new – in this case addressing climate change – the regulation is presumptively invalid, unless Congress has specifically authorized regulating in this sphere.

At issue in the case were rules adopted by the Trump and Obama administrations and aimed at addressing the country’s single-largest carbon emissions problem – from coal-fired power plants. The Obama plan was broad, the Trump plan narrow. The Obama plan didn’t regulate only coal-fired plants. Instead, it set strict carbon limits for each state and encouraged the states to meet those limits by relying less on coal-fired power plants and more on alternative sources of energy – wind, solar, hydro-electric and natural gas. The goal of the plan was to produce enough electricity to satisfy U.S. demand in a way that lowered greenhouse emissions.

The concept worked so well that even after Obama’s Clean Power Plan was temporarily blocked by the Supreme Court and then repealed by the Trump administration, most utilities continued to abandon coal because it was just too expensive, compared to other energy producing methods. In fact, even without the regulation in place, the reduction targets for carbon emissions were met 11 years ahead of schedule.

Fearing the Obama approach might someday be revived, the coal industry, joined by West Virginia and 16 other states, went to court in support of the Trump plan and its more restrictive interpretation of the Clean Air Act. A federal appeals court in Washington, D.C., ruled against them in 2021.

But on Thursday, the Supreme Court sided with the coal industry, ruling that the Clean Air Act does not authorize anything other than direct regulation of coal-fired plants….

The decision appears to enact major new limits on agency regulations across the economy, limits of a kind not imposed by the court for 75 years or more. The decision, for instance, casts a cloud of doubt over a proposed Securities and Exchange Commission rule that would require companies offering securities to the public to disclose climate-related risks – like severe weather events that have or likely will affect their business models. Also in jeopardy is a new interim rule adopted by the Federal Energy Regulatory Commission “aimed at treating greenhouse gas emissions and their contribution to climate change the same as all other environmental impacts [the Commission] considers.”

The Supreme Court deigned to give Biden one win, on immigration. The Washington Post: Supreme Court clears Biden to end Trump’s ‘Remain in Mexico’ policy.

The Supreme Court on Thursday ruled for the Biden administration on a controversial immigration policy, saying it had the authority to reverse a Trump-era policy that requires asylum seekers to remain in Mexico while their cases are reviewed in U.S. courts.

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. writing for himself and Justice Brett M. Kavanaugh, and the court’s three liberals, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

Roberts said federal immigration law gives the executive discretion: He may return asylum seekers to Mexico, but is not required to do so.

Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett dissented.

Barrett said that she agreed with the majority on the merits of the decision but that the court should not have decided the case and should have remanded it to lower courts.

Alito, writing for himself, Thomas and Gorsuch, said the Department of Homeland Security should not be free to “simply release into this country untold numbers of aliens who are very likely to be removed if they show up for their removal hearings. This practice violates the clear terms of the law, but the Court looks the other way.”

From NPR, another bit of good SCOTUS news: Ketanji Brown Jackson to be sworn in as first Black woman on the Supreme Court.

Ketanji Brown Jackson will be sworn in Thursday at noon as the 116th Supreme Court justice and the first Black woman to serve on the high court.

Biden nominated Jackson in February, fulfilling a campaign promise to nominate the first Black woman to the Supreme Court.

“It has taken 232 years and 115 prior appointments for a Black woman to be selected to serve on the Supreme Court of the United States, but we’ve made it! We’ve made it — all of us,” Jackson said in remarks at a White House event the day after the Senate vote.

“I have dedicated my career to public service because I love this country and our Constitution and the rights that make us free,” Jackson also said.

Jackson, 51, has been confirmed since April, when the Senate voted 53 to 47 on her nomination. It was expected she would replace 83-year-old Justice Stephen Breyer — whom she clerked for after shed graduated from Harvard Law School in 1996 — when he stepped down. His retirement will be effective Thursday.

Jackson will take two oaths during the livestreamed event: a constitutional oath, administered by Chief Justice John Roberts, and a judicial oath, administered by Breyer.

Biden and Congressional Democrats are still struggling to deal with the Court’s decision to take away American women’s control over their own bodies and turn women in their childbearing years into broodmares.

The Washington Post: Democrats call on Biden to declare abortion national health emergency.

Lawmakers and advocates are pushing President Biden to declare a national health emergency to increase financial resources and flexibility in states that continue to allow abortion access following the Supreme Court’s decision to overturn Roe v. Wade.

The Congressional Black Caucus made the initial request the morning of the court’s ruling, and the House Pro-Choice Caucus is privately urging the administration to act swiftly. 

“The fundamental right to control your body and future has been ripped away from American women,” Assistant Speaker of the HouseRep. Katherine M. Clark (D-Mass.) told The Early. “Declaring an emergency is an immediate step to help patients access the care they need.”

Supporters say time is critical because the remaining abortion clinics are seeing a massive increase in demand that is going to be difficult to meet.

“They are doing everything they can,” Sen. Tina Smith (D-Minn.) said of an abortion clinic treating women in the northern parts of Minnesota, Wisconsin and Michigan. “But they are severely resource constrained in terms of the providers that they have, in terms of the physical facilities that they have, in terms of the financial resources they need to try to expand access to care, which they desperately want to do.” 

“This would be another way for the full legal authority of the federal government to be brought into play as we try to protect women’s health,” Smith said in an interview on Washington Post Live this week. 

Another suggestion is to change the filibuster rules for abortion laws. The Washington Post: Biden endorses scrapping Senate filibuster to codify abortion, privacy rights.

Today, President Biden chastised the Supreme Court for “outrageous behavior” and said he would support an exception to the Senate’s filibuster rules to make it easier to write abortion protections into law. Biden, speaking on the world stage in Madrid, called the court’s decision last week to overturn Roe v. Wade “destabilizing” and said an exception should be made to a Senate rule that requires 60 votes for most bills to advance.

Politico: Biden says he supports a filibuster carveout to restore abortion rights.

“I believe we have to codify Roe v. Wade in the law and the way to do that is to make sure that Congress votes to do that, and if the filibuster gets in the way, it’s like voting rights, it should be ‘we provide an exception for this’ — require an exception to the filibuster for this action to deal with the Supreme Court decision,” Biden said during a press conference at the NATO summit.

Biden’s comments come on the heels of the consequential Supreme Court decision last Friday to overturn the landmark 1973 decision and deny a constitutional right to abortion. The president has previously been opposed to getting rid of the filibuster — which establishes a 60-vote threshold to move most bills through the Senate — but said Thursday he would do “everything in my power” to protect the right to choose .

The president added he’d be in favor of changing filibuster rules to not only guarantee abortion rights but also a constitutional right to privacy — which he said the Supreme Court “wiped” out with its decision on Roe. He said codifying privacy rights would protect access to abortion as well as a “whole range of issues,” including same-sex marriage….

Biden’s support for ending the filibuster is his most concrete call for legislative action yet on preserving abortion rights. With the filibuster as it stands, Democrats almost certainly lack the 60 votes they would need to codify Roe in a 50-50 Senate.

So far, Joe Manchin and Kyrsten Sinema haven’t agreed to go along with this strategy.

Republicans have been hoping that violent demonstrations would follow the SCOTUS decision on Roe v. Wade, but their wishes haven’t come true so far. Kathryn Joyce at Salon: Did violence follow Roe decision? Yes — almost all of it against pro-choice protesters.

Before the Supreme Court even announced its decision overturning Roe v. Wade last Friday, right-wing politicians and media had begun warning of a wave of violent demonstrations or riots by pro-choice protesters. Rep. Paul Gosar, R-Ariz., called on “all patriots” to defend local churches and crisis pregnancy centers, while Fox News hyped warnings about a “night” or “summer of rage” and various far-right activists — from the America First/groyper movement to the Proud Boys to a staffer for Arizona gubernatorial candidate Kari Lake — issued threats against leftists they claimed were about to become violent. 

But it appears that most of the violence that occurred in response to the Roe decision this past weekend was directed at pro-choice demonstrators, not caused by them.

On Friday night, in Cedar Rapids, Iowa, a man drove his pickup truck into a group of women protesters, hitting several and driving over the ankle of one woman. Iowa journalist Lyz Lenz, who was covering the protest, noted on Twitter that the attack came at the end of a peaceful event, as demonstrators were crossing the road at a crosswalk while the man had a red light. “The truck drove around other cars in order to hit protesters,” Lenz wrote, adding that the driver “was screaming” while a woman in the truck with him begged him to stop….

That same night, at a pro-choice protest in Providence, Rhode Island, an off-duty police officer named Jeann Lugo — who, until this weekend, was a Republican candidate for state Senate — punched his Democratic opponent, reproductive rights organizer Jennifer Rourke, in the face. 

Providence police arrested Lugo and charged him with assault and disorderly conduct, placing him on administrative leave. On Saturday, Lugo dropped out of the Senate race and announced he would not be seeking any political office before apparently deactivating his Twitter account. 

In Atlanta, photographer Matthew Pearson documented a group of more than a dozen Proud Boys coming to counterprotest a pro-choice demonstration, while an Atlanta antifascist group posted photos of the group boarding a Humvee painted with the Proud Boys’ logo.

In several other states, police responded to demonstrations against the SCOTUS ruling with heavy-handed tactics and violence. 

Read about more of these events at the Salon link.

I’ll add more news in the comment thread. Have a nice Thursday!


Thursday Reads

Timothy Horn, Leaving Kansas

Timothy Horn, Leaving Kansas

Good Morning!!

The 5th January 6 hearing will be held today at 3PM. The planned 6th hearing has now been postponed until after the July 4th break, and there will be at least 2 more hearings in July. Today the committee will focus on Trump’s attempts to get the Department of Justice to help him overturn the 2020 election results. Republican Adam Kinzinger will take the lead today.

NPR: Who you’ll hear from and what to expect in today’s Jan. 6 House committee hearing.

Acting Attorney General Jeffrey Rosen and former Acting Deputy Attorney General Richard Donoghue are among Thursday’s witnesses. Both refused to give in to Trump’s efforts to get the DOJ to advance his fraudulent claims of voter fraud and overturn the election.

When former Attorney General Bill Barr announced his resignation in December 2020, Trump badgered Rosen and Donoghue in at least nine calls and meetings, according to a report by the Senate Judiciary Committee.

“Just say the election was corrupt and leave the rest to me and the Republican congressmen,” Trump told the two men, according to their testimony.

Also to appear in Thursday’s hearing is Steven Engel, who headed DOJ’s Office of Legal Counsel. Engel was one of the officials who told the former president he would have no choice but to quit if Trump replaced the acting attorney general with environmental lawyer Jeffrey Bossert Clark. Clark was reportedly more willing to go along with Trump’s fraudulent claims of a stolen election.

Several other DOJ lawyers, including Donoghue, also threatened to quit if Clark was appointed.

“The President said ‘Suppose I do this. Suppose I replace him, Jeff Rosen, with him, Jeff Clark. What do you do?’ And I said ‘Sir, I would resign immediately. There is no way I’m serving one minute under this guy, Jeff Clark,'” Donoghue said in a piece of video testimony played at Tuesday’s hearing.

Clark appeared before the House committee in February for a deposition, but pled the Fifth dozens of times.

Horn-Timothy-e1460054648141

Timothy Horn

More from CNN: What to watch for in Thursday’s January 6 committee hearing.

Three top officials who led the Justice Department in the final days of the Trump administration will testify at Thursday’s hearing at 3pm ET about how the then-President and his allies sought to enlist the department to give their baseless fraud allegations credibility and how Trump considered replacing the acting attorney general with an official who bought into his claims of fraud, according to committee aides.

Aides said that the hearing would also scrutinize discussions inside the White House about the appointment of a special counsel to investigate Trump’s claims of voter fraud, which came up at a heated December 2020 Oval Office meeting with Sidney Powell and Trump’s first national security adviser, Michael Flynn.

But the main focus of the hearing will be Jeffrey Clark:

Committee aides said the hearing would focus on the role that Clark played inside the Justice Department pushing Trump’s false claims of fraud. Clark planned to “reverse the department’s investigative conclusions regarding election fraud,” according to committee aides, and wanted to send out letters to states suggesting there had been fraud.

His push was swiftly rejected by Rosen and Donoghue, which led to the Oval Office showdown where Trump considered putting Clark in charge of the department.

While serving as the acting head of civil cases at the Justice Department at the end of the Trump presidency, Clark floated plans to give Georgia’s legislature and other states backing to undermine the popular vote results. He gave credence to unfounded conspiracy theories of voter fraud, according to documents from the Justice Department, and communicated with Trump about becoming the attorney general, a Senate investigation found this month.

The extent of Clark’s talks with Trump in the days before January 6 aren’t yet publicly known.

Ryan J. Reilly at NBC News: Who is Jeffrey Clark? Jan. 6 panel seeks to make Trump’s man at DOJ famous.

Clark took a pretty standard path for a conservative lawyer: Harvard University, Georgetown Law, clerk for Ronald Reagan-appointed federal appeals Judge Danny Julian Boggs and a partnership at the law firm Kirkland & Ellis, with a stint in the Justice Department’s environmental division during George W. Bush’s administration. His unusually long Justice Department biography even included, for some reason, details about his elementary school….

Timothy Horn, Blue Bug

Timothy Horn, Blue Bug (shadow selfie)

After the 2020 election, according to his fellow Republican-appointed colleagues at the Justice Department, Clark began to elicit concerns.

“What’s going on with Jeff Clark?” Trump-appointed acting Attorney General Jeffrey Rosen recalled in an interview with the Senate Judiciary Committee. He added that Clark brought up “internet theories” about voting machines’ being hacked via smart thermostats. “This is inconsistent with how I perceived him in the past.”

Rosen started realizing something was “off-kilter,” that “something odd was going on with Jeff Clark,” when it was learned that he had, in violation of a Justice Department rule banning contact between Justice Department officials and the White House except through proper channels, met with Trump.

“It’s even more evident in hindsight, but at the time, I did think, ‘He’s meeting with the president and now he wants to be briefed by the DNI on thermostats?’ plus the title change. Just what is going on here with Jeff Clark?” [….]

Clark is still on the Trump train and is still a conspiracy theorist.

Previous testimony indicates Clark was a true believer who was convinced the election had been stolen. To his colleagues at the Justice Department, according to the testimony, he was the butt of the joke, a guy who — in spite of his education — lacked the ability to discern fact from fiction on the World Wide Web….

Clark has continued to be a presence in MAGA world. He has an account with a few hundred followers on Truth Social, Trump’s social media platform, where his Trump-mimicking handle is @RealJeffClark.

He has said the Jan. 6 committee is “power drunk and unconstitutional,” and he has shared stories from the conspiracy website Gateway Pundit, including a story about the debunked propaganda movie “2000 Mules.” He has written for the conspiracy website Revolver News about what he described as efforts to “Kill All the Trump Lawyers — By Canceling Them.” He’s making appearances on Steve Bannon’s “War Room” podcast. And he’s trying to raise money, telling would-be donors that he has “been targeted for cancellation by the hyper-partisan January 6 Committee, the ‘mainstream’ media, and a collection of leftist law professors and supposed ‘Republicans’ who are conveniently never-Trumpers.”

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Timothy Horn

The hearing should be interesting. According to Luke Broadwater of The New York Times,

The House committee investigating the Jan. 6 attack on the Capitol plans to unveil new evidence on Thursday about how President Donald J. Trump tried to manipulate the Justice Department to help him cling to power after he lost the 2020 election, aides said on Wednesday….

The story of how Mr. Trump attempted to intervene in the workings of the Justice Department to keep himself in office has been well documented by both the Senate Judiciary Committee and the House Jan. 6 committee, but aides to the House inquiry said Thursday’s hearing will contain new revelations.

Meanwhile, the current DOJ has stepped up its investigation of Trump’s efforts to get state legislatures to submit “alternate” slates of electors from swing states that Biden won.

The Washington Post: Jan. 6 probe expands with fresh subpoenas in multiple states.

Federal agents investigating the Jan. 6, 2021, attack on the U.S. Capitol on Wednesdaydropped subpoenas on people in multiple locations, widening the probe of how political activists supporting President Donald Trump tried to use invalid electors to thwart Joe Biden’s 2020 electoral victory.

Agents conducted court-authorized law enforcement activity Wednesday morning at different locations, FBI officials confirmed to The Washington Post. One was the home of Brad Carver, a Georgia lawyer who allegedly signed a document claiming to be a Trump elector. The other was the Virginia home of Thomas Lane, who worked on the Trump campaign’s efforts in Arizona and New Mexico. The FBI officials did not identify the people associated with those addresses, but public records list each of the locations as the home addresses of the men.

Among those who received a subpoena Wednesday was David Shafer, the chairman of the Georgia Republican Party, who served as a Trump elector in that state, people familiar with the investigation said. Shafer’s lawyer declined to comment.

Separately, at least some of the would-be Trump electors in Michigan received subpoenas, according to a person who spoke on the condition of anonymity to discuss an ongoing investigation. But it was not immediately clear whether that activity was related to a federal probe or a state-level criminal inquiry.

Timothy Horn

Timothy Horn

The precise nature of the information being sought by the Justice Department at the homes of Carver and Lane was not immediately clear.

Officials have previously said that the Justice Department and the FBI were examining the issue of false electors, whom Trump and others hoped might be approved by state legislators in a last-ditch bid to keep Trump in the White House. Until now, however, those investigative efforts seemed to primarily involve talking to people in Republican circles who knew of the scheme and objected; the subpoenas issued Wednesday suggest the Justice Department is now moving to question at least some of those who allegedly agreed to pursue the effort.

Later yesterday, 8NewsNow in Las Vegas reported that the FBI searched the home of the Chairman of the Nevada GOP and took his phone: I-Team sources: FBI seizes Nevada GOP chairman’s phone as part of fake elector investigation.

FBI agents served a search warrant Wednesday on Nevada’s top GOP official, sources told the 8 News Now I-Team’s George Knapp.

Agents seized the cell phone of state Republican chairman Michael McDonald, reportedly as part of an investigation into the fake elector scheme initiated at the end of the 2020 presidential election.

A second search warrant was issued for state party secretary James DeGraffenreid, who also signed the document, but FBI agents could not locate him Wednesday, sources told Knapp.

In December 2020, the 8 News Now I-Team reported the Nevada Republican Party’s six electors signed paperwork signaling their support for former President Donald Trump in a symbolic ceremony devoid of any legal merit, which was held in Carson City and coincided with the official state-sanctioned tally on Dec. 14, 2020….

The certificate received by the National Archives looks much different than the official state-sealed one and reads, “We, the undersigned, being the duly elected and qualified electors for president and vice president of the United States of America from the State of Nevada, do hereby certify six electoral votes for Trump.”

In a statement after the event, Nevada GOP chair Michael McDonald said the party’s electors convened in Carson City due to ongoing legal battles seeking to overturn the election results. Nevada Republicans lost all court cases involving allegations of voter fraud.

Timothy Horn4

Timothy Horn

CNN: DOJ subpoenas Georgia Republican Party chairman as it expands Trump fake elector probe.

Federal investigators subpoenaed the Georgia Republican Party chairman for information related to the fake elector scheme there — as the Justice Department has issued a fresh round of subpoenas to people from several states who acted as rogue electors after the 2020 presidential election, multiple sources familiar with the situation told CNN.

The subpoena for the chairman, David Shafer, represents a significant step because he played a central role in organizing the fake slate of electors from Georgia and coordinated the effort with the Trump campaign.

The focus on Shafer also comes as sources tell CNN the Justice Department subpoenaed Trump electors this week in Georgia, Michigan and Pennsylvania — all states that former President Donald Trump lost.

The Justice Department has been scrutinizing the Trump campaign’s use of so-called alternate electors. The new round of subpoenas represents an escalation of a criminal probe that, before now, had approached lower-level Republicans. All along, however, federal investigators have pursued information about political figures higher up, including at the top of the Trump campaign.

In the weeks after the 2020 election and leading up to January 6, 2021, Trump’s allies sent fake slates of electors to the National Archives declaring that the then-President had won seven states that he actually lost. The bid failed, and then-Vice President Mike Pence certified Joe Biden’s electoral win on January 6 after rioters had been cleared from the US Capitol.

Related stories to check out, links only:

The Washington Post: Sen. Ron Johnson under fire over fake-electors disclosure at hearing.

William Saletan at The Bulwark: John Eastman’s Phony “Plenary Authority” Theory.

CBS News: CBS News obtains images from documentary film footage given to Jan. 6 panel.

CNN: What Americans are saying about the Jan. 6 hearings.

The Washington Post: As Jan. 6 committee targets Trump, his consternation at McCarthy grows.

The New York Times: A Year Later, Some Republicans Second-Guess Boycotting the Jan. 6 Panel.

Have a nice Thursday, and if you watch the hearing this afternoon, please share your reactions with us.


Tuesday Reads

Bowes, Josephine, 1825-1874; Study of Birch Trees

Bowes, Josephine; Study of Birch Trees; The Bowes Museum.

Good Morning!!

Today’s January 6 Committee hearing has now been scheduled for 1PM. As you know, the hearing will focus on Trump’s efforts to pressure state lawmakers to set up slates of fake electors. It could be a blockbuster. Politico just broke the news that Ginni Thomas’s communications with Arizona lawmakers could come up in the questioning.

From the Politico Playbook:

The logistics … Chair BENNIE THOMPSON (D-Miss.) and Vice Chair LIZ CHENEY (R-Wyo.) are expected to open the hearing, and Rep. ADAM SCHIFF (D-Calif.) will play a key role. There will be four witnesses broken up over two panels.

— The first panel features (1) Arizona House Speaker RUSTY BOWERS(2) Georgia Secretary of State BRAD RAFFENSPERGER and (3) his deputy, GABRIEL STERLING.

Bowers is expected to describe the pressure campaign from Trump, RUDY GIULIANI and VIRGINIA THOMAS, the wife of Supreme Court Justice CLARENCE THOMAS. In one phone call, Trump and Giuliani pushed Bowers to change Arizona law retroactively “to allow the Legislature to choose a different slate of presidential electors than picked by voters.”

And the Playbook also broke this news this morning:

SCOOP: The House select committee investigating Jan. 6 sent a subpoena last week to ALEX HOLDER, a documentary filmmaker who was granted extensive access to President DONALD TRUMP and his inner circle, and who shot interviews with the then-president both before and after Jan. 6. The existence of this footage is previously unreported.

Landscape with trees, Felix Edouard Vallotton

Landscape with trees, Felix Edouard Vallotton

A source familiar with the project told Playbook on Monday night that Holder began filming on the campaign trail in September 2020 for a project on Trump’s reelection campaign. Over the course of several months, Holder had substantial access to Trump, Trump’s adult children and VP MIKE PENCE, both in the White House and on the campaign trail.

According to the subpoena, which was obtained exclusively by Playbook, the committee wants three main things from Holder:

(1) Raw footage from Jan. 6.

(2) Raw footage of interviews from September 2020 to present with Trump, Pence, DONALD TRUMP JR.IVANKA TRUMPERIC TRUMP and JARED KUSHNER.

(3) Raw footage “pertaining to discussions of election fraud or election integrity surrounding the November 2020 presidential election.”

Holder is expected to fully cooperate with the committee in an interview scheduled for Thursday. Read the full subpoena

The second panel will focus on an election worker from Georgia:

— The second panel has just one witness: SHAYE MOSS, an election worker in Georgia. She and her mother processed ballots in 2020 and were targets of a smear campaign by Trump allies. David Wickert at the Atlanta Journal-Constitution has a deep dive on Moss, who was accused “of rigging the November 2020 election for Joe Biden with ‘suitcases’ of ballots on election night. The pair were featured in a video that Trump attorney Rudy Giuliani called a ‘smoking gun’ for voting fraud.”

A committee aide said that Moss would outline how “being targeted by the former president has upended her life and that of her mother. … They were subjected to death threats, intimidation, coercion, forced to go into hiding.”

Raffensperger and Sterling are relatively well known now, but I had not heard of Rusty Bowers before. Here’s some information about him from The Washington Post: Who is Rusty Bowers?

Arizona House Speaker Russell “Rusty” Bowers, a Republican, was pressured by Donald Trump and other members of his party to refuse to accept the results of Arizona’s election in 2020. Bowers is expected to be Tuesday’s first live witness before the Jan. 6 panel.

Vickerman, Stanley, 1922-1997; Tree Roots

Vickerman, Stanley; Tree Roots; Kirklees Museums and Galleries

Bowers, 69, supported Trump’s 2020 campaign. When the former president lost the election in Arizona by 10,457 votes, he and his lawyer Rudy Giuliani called Bowers to persuade him to block the state legislature from certifying the results.

Bowers refused.

His decision to stand firm against Trump put him at the center of the ire of the former president’s supporters. Armed protesters gathered outside his house and screamed that he was a pedophile. Last summer, the state’s right-wing Patriot Party attempted to recall Bowers from office, complaining that he did not do enough to support an audit of the 2020 election. The effort failed, the Arizona Republic reported.

The state lawmaker, who will not be in charge of the Arizona House next year — he decided to seek a state Senate seat instead — received the John F. Kennedy Profile in Courage Award in April for resisting intimidation from Trump.

Adam Schiff will take the lead in today’s hearing. From Nicholas Wu and Kyle Cheney at Politico: Jan. 6 committee to highlight Trump’s state-level pressure to overturn the 2020 election.

The select committee intends to lay out Tuesday how Trump leaned on statehouse Republicans — from Pennsylvania, to Georgia, to Michigan, to Arizona and others — to pull off a scheme that would culminate on Jan. 6, 2021, when then-Vice President Mike Pence presided over the counting of electoral votes.

Under Trump’s plan, Pence would be presented with competing slates of electors — those certified by the governors, and those certified by state legislators — and he would assert the extraordinary power to choose which slates to count. But no state legislature responded to Trump’s demand, and Pence, without any genuine controversy, rejected the scheme as illegal.

In fact, the legality of the plan will be at the heart of Tuesday afternoon’s hearing, which will be led in part by panel member Rep. Adam Schiff (D-Calif.). It’s the select panel’s fourth public hearing as investigators lay out their findings.

Dancing around the large trees at Perros Maurice Denis - 1914, Bo Fransson

Dancing around the large trees at Perros Maurice Denis – 1914, Bo Fransson

Trump-aligned lawyers concocted the effort, leaning on fringe constitutional theory and the guidance of John Eastman, a primary architect of the effort to pressure Pence on Jan. 6. Eastman himself acknowledged in emails obtained by the select committee that the Pence plan would be “dead on arrival” without the backing of state legislatures — yet he pushed ahead anyway, suggesting that the confusion around alternate electors would give Pence enough cover to act.

Trump’s own White House counsel’s office also raised doubts about the plan, according to testimony released by the select panel in court filings. And in the days before Jan. 6, Pence’s chief counsel Greg Jacob engaged in an intense debate with Eastman, contending that not a single justice of the Supreme Court would back his plan — a point he said Eastman reluctantly conceded.

Select committee aides told reporters Monday that the hearing would highlight new evidence of Trump’s direct awareness and involvement in the fake electors scheme. To highlight the issue, the panel plans to hear from Georgia Secretary of State Brad Raffensperger, his aide Gabriel Sterling and other state and local officials. Several of Tuesday’s witnesses were subpoenaed to appear. Schiff told the Los Angeles Times Monday the panel would also highlight proof of then-White House chief of staff Mark Meadows’ involvement in Georgia.

I don’t want to miss a minute of this!

This is from yesterday’s Washington Post: Trump campaign documents show advisers knew fake-elector plan was baseless.

The convening of the electoral college on Dec. 14, 2020, was supposed to mark the end of the wild, extended presidential election that year.

But when the dayarrived, a strange thing happened. In seven swing states won by JoeBiden, when the Democrat’s electors assembled to formally elect him president, Trump supporters showed up, too, ready to declare that their man had actually won.

“The electors are already here — they’ve been checked in,” a state police officer told the group in Michigan, according to a video of the encounter, as he barred the Republicans from the Capitol in a state Biden won by more than 154,000 votes.

In Nevada,a state Biden had won by about 33,600 votes,a photo distributed by the state Republican Party showed Trump supporters squeezing around an undersize picnic table dressed up with a bit of bunting, preparing to sign formal certificates declaring that they were “the duly elected and qualified” electors of their state.

Ellison, R.; Oak Trees

Ellison, R.; Oak Trees; Colchester and Ipswich Museums Service

At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede.

But internal campaign emails and memos revealthat the convening of the fake electors was apparently a much more concerted strategy, intended to give Vice President Mike Pence a reason to declare that the outcome of the election was somehow in doubt on Jan. 6, 2021, when he was to preside over the congressional counting of the electoral college votes.

The documents show that Trump’s team pushed ahead and urged the electors to meet — then pressured Pence to cite the alternate Trump slates — even as various Trump lawyers acknowledged privately that they did not have legal validity and the gatherings had not been in compliance with state laws.

Adam Schiff spoke to The Los Angeles Times about Mark Meadows’ role in interfering in the Georgia election: House Jan. 6 committee to reveal Meadows’ pressure on Georgia election officials.

The House Jan. 6 committee plans to show in its fourth hearing Tuesday that President Trump’s then-chief of staff Mark Meadows “had an intimate role … in this plot to put pressure on [Georgia] state legislators and on elections officials,” Rep. Adam B. Schiff (D-Burbank), a member of the panel, told The Times in an interview.

Among other things, Schiff said the committee investigating the 2021 insurrection at the U.S. Capitol will release new information about Meadows’ appearance at a key election meeting in Georgia and text messages revealing that he wanted to send autographed Make America Great Again hats to people conducting the audit….

With the Jan. 6 probe, Schiff and House Democrats have a powerful tool they lacked in the previous investigations: Some of Trump’s closest allies have spelled out in sworn testimony the details of the former president’s actions leading up to Jan. 6 and, in many cases, how they advocated against such moves.

In the interview, Schiff, a former prosecutor, expressed surprise that the House committee got so many people to speak on the record.

“I’m glad these people are coming forward,” he said. “I’m glad they’re speaking out. It took a long time for [former Atty. Gen.] Bill Barr to do the right thing. It took a long time for many others who enabled Donald Trump to say ‘I can’t go any further.’”

But he added, if they had spoken out earlier, “we might have been spared all the trauma we went through.”

Bough, Samuel, 1822-1878; Entrance to Cadzow Forest, near Glasgow

Bough, Samuel; Entrance to Cadzow Forest, near Glasgow; York Museums Trust.

I’ll end with some Ginni Thomas news that The Washington Post broke last night: Speaker at meeting of Ginni Thomas group called Biden’s win illegitimate long after Jan. 6, video shows.

Two months after rioters stormed the U.S. Capitol in an attempt to help President Donald Trump stay in office, Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, attended a gathering of right-wing activists where a speaker declared to roaring applause that Trump was still the “legitimate president,” a video recording of the event shows.

“There is a robbery that is going on in this country right now,” pastor and conservative radio personality C.L. Bryant told the crowd, according to video posted to Facebook by an attendee. “In fact, I say it to you and I’ll say it loud and clear, and I’m not ashamed to say it. I won’t bite my tongue. I do believe that Donald John Trump is the only legitimate president.”

The event on March 6, 2021, was a meeting of Frontliners for Liberty. The group vaulted from obscurity to national attention last week with the disclosure that Thomas had invited pro-Trump lawyer John Eastman to speak to its members in December 2020.

The revelation, originating from emails that a judge ordered Eastman to turn over to the House committee investigating the Jan. 6 insurrection, showed that Thomas was in contact with Eastman, a key legal architect of the attempt to subvert the election. The judge, David O. Carter of the Central District of California, wrote in a June 7 opinion that the emails, including two in which the group’s “high-profile leader” invited Eastman to speak — were relevant to the committee’s work.

While text messages and emails unearthed in recent weeks have shown that Thomas was involved in those efforts before Jan. 6, her attendance at the Orlando gathering indicates that her alliance with election deniers continued even after Joe Biden was inaugurated. Frontliners has hosted hard-right lawmakers, insisted on strict secrecy and proclaimed that the nation’s top enemy is the “radical fascist left,” according to social media posts, court filings and interviews with several people involved in the group.

I can’t wait for 1:00! If you’re watching the hearing, please share your thoughts in the comment thread.


Lazy Caturday Reads

Good Morning!!

spoon-feeding-cat4Today’s art work is from the European Renaissance period, around the 15th and 16th centuries, when people apparently liked to treat their pet cats like babies–spoon-feeding them and sometimes even swaddling them. Unfortunately I couldn’t find the artists’ names.

In honor of Caturday and to give you a brief respite from the insane news of the day, here’s an article about Willow, the White House cat. Kate Bennett at CNN: As presidential cat, Willow Biden has privileges.

In the dog days of summer, Willow the cat rules the roost.

On Friday, Willow’s crate was spotted being carried by a staff member from the White House residence to Marine One, the presidential helicopter that will ferry the feline – along with President Joe Biden and first lady Dr. Jill Biden – to Rehoboth, Delaware, and the family’s beach house…

“Willow often spends the weekends with the First Family, including in Rehoboth, Wilmington, and Camp David,” the first lady’s press secretary Michael LaRosa told CNN.

When she is not being whisked away for the weekend, Willow has privileges to roam the White House. She is predominantly restricted to the White House executive residence’s private second and third floors, where CNN is told Willow particularly enjoys the solarium, a bright space above the South Portico, where she “receives lots of attention from the Executive Residence staff.” In Wilmington and at Camp David, “she often sits on the porch in the sun,” says LaRosa.

Back home, Willow also likes to visit working staff in the East Wing, taking leisurely naps on the desk of the press secretary, chasing her toys in and out of offices and generally being open to scratches. Once or twice, Willow has explored beyond her domain, making it as far as the chief usher’s office on the main floor, just next to the North entrance.

The East Wing staff has made a sign to alert when Willow is out and about, which features of photo of her face and reads: “Willow is on the prowl! Please keep these doors closed.”

I didn’t know the story of how Willow came to be adopted by Jill Biden until I read this story. They met when Jill gave a speech in rural Pennsylvania, where Willow lived in a barn.

“Willow made quite an impression on Dr. Biden in 2020 when she jumped up on the stage and interrupted her remarks,” LaRosa said several months ago. “Seeing their immediate bond, the owner of the farm knew that Willow belonged with Dr. Biden.”

She named her Willow after her hometown of Willow Grove, Pennsylvania. Though it wouldn’t be until January that Willow actually moved into her digs at the White House, she enjoyed staying with Biden acquaintances in Washington, DC, until the timing was right to officially add her to the Biden home.

Willow sounds like a very clever cat. She knew what she wanted and made it happen.

spoon-feeding-cat2It seems that Trump has been closely following the January 6 hearings, and he’s not at all happy about them. Justin Baragona at The Daily Beast: Trump Slams ‘Human Conveyer Belt’ Pence for Lacking ‘Courage’ to Steal Election.

Former President Donald Trump lashed out at Mike Pence on Friday for not having the “courage” to overthrow President Joe Biden’s election victory—just a day after the Jan. 6 committee hailed the ex-veep as a hero for not participating in Trump’s failed coup attempt.

Additionally, the twice-impeached ex-president denied that he ever called Pence a “wimp” for not going along with his crazy theory to steal the 2020 election. At the same time, though, Trump repeatedly called Pence a “human conveyer belt” and a “robot” for certifying Biden’s electoral votes….

After railing about the “sham” and “unselect” committee during his speech at the Faith and Freedom Coalition on Friday, Trump turned his attention to Pence and other “RINOs” he felt were insufficiently loyal to him following the election.

“One guy got up and said that he heard me calling Mike Pence a ‘wimp,’” Trump stated. “Now honestly, I’m the president of the United States. I’m sitting, I think they said at my desk. ‘He’s a wimp.’ How many people listen to me—I don’t even know who these people are! But I never called Mike Pence a wimp. I never called him a wimp.”

From there, however, the ex-president took aim at his former running mate for failing to assist in illegally keeping him in office—and he basically called Pence a wimp in so many words.

“Mike Pence had a chance to be great,” Trump exclaimed. “He had a chance to be, frankly, historic. But just like [former Attorney General] Bill Barr and the rest of these weak people, Mike—and I say it sadly because I like him—but Mike did not have the courage to act.” [….]

Regarding the legal consensus that Pence had “no choice” but to certify Biden’s victory, the disgraced ex-president likened Pence to a “human conveyer belt.”

After claiming he never wanted Pence to “decide” the election but rather just wanted him to send votes back to state legislatures for them to decide, Trump seemed to confirm that he pushed Eastman’s garbage theories in conversations with his vice president. (Though, according to Pence’s chief of staff Marc Short, this particular encounter never happened.)

“So, I said, ‘Mike, if you do this, you can be Thomas Jefferson,’” the ex-president boasted. “And then, after it all went down, I looked at him one day and I said, ‘Mike, hate to say this, but you’re no Thomas Jefferson.’”

spoon-feeding-cat6Trump also attacked Pence on his fake Twitter social media outlet “Truth Social.” The Independent: Trump claims he never asked Pence to overturn the election on Truth Social after dramatic Jan 6 hearing.

Mr Trump’s words come a day after the House select committee investigating the riot at the US Capitol held its third public hearing, where Mr Pence’s former White House Counsel Greg Jacob testified about the pressure campaign the former vice president sustained at the hands of the president and his legal team.

Multiple video depositions, including from former White House lawyer Eric Herschmann, showed how Mr Trump knew his plan to overturn the election results were illegal.

But Mr Trump pushed back on the allegations on his social media platform Truth Social.

“Such LIES & MISREPRESENTATION by the Unselects, and absolutely nobody allowed to challenge what is being said”, Mr Trump posted. “As an example, I never asked V.P. Pence to ‘overturn’ the election (although Thomas Jefferson ‘took’ the Georgia votes), but that he send the votes back to the Legislatures so that they could determine if the irregularities and Fraud were as widespread and signficant [sic] as they seemed.”

Dementia Don’s family needs to stage an intervention and get this man some professional help. He’s likely to get even more enraged on Tuesday, when the January 6 Committee hearing will focus on Trump’s efforts to “find” enough votes to overturn Biden’s 2020 win in Georgia. Georgia Public Broadcasting News: Raffensperger, Sterling will headline Tuesday’s Jan. 6 hearings.

Georgia Secretary of State Brad Raffensperger and his top deputy Gabriel Sterling will testify at Tuesday’s hearing of the House Select Committee to Investigate the January 6th Attack on the United States Capitol, to shine more light on one of the more brazen attempts to overturn the 2020 election….

Raffensperger famously rebuffed former President Donald Trump’s pressure to “find” enough votes to reverse his narrow election defeat, and Sterling was a frequent figure on televised news conferences debunking false claims of fraud and fellow Republicans’ attacks on election workers.

In last month’s primary elections, Raffensperger defeated Trump-backed challenger Rep. Jody Hice.

girl-feeding-a-catTuesday’s committee hearing is expected to highlight the pressure campaign that Trump and his allies exerted on local elections officials in Georgia and other states to reverse the presidential election results, and comes on the heels of a hearing Thursday that outlined attempts to get former Vice President Mike Pence to reject the Electoral College results.

The Georgia officials’ public testimony comes after Raffensperger appeared recently in a closed-door special grand jury investigation in Fulton County that is seeking to determine if Trump and others violated several state laws in their efforts to overturn the 2020 presidential election.

Raffensperger and others have also provided hours of testimony privately to the committee, including discussion of the unprecedented call from Trump, leaked to GPB NewsThe Washington Post and other outlets in the runup to Georgia’s dual U.S. Senate runoffs.

Read more at the link.

The Committee has also requested testimony from Ginni Thomas, after it came out that she exchanged emails with nutty Trump attorney John Eastman during his efforts to overturn the election. NPR reports that Thomas claims she’s looking forward to answering questions:

Ginni Thomas told the right-wing news site The Daily Caller in a story published after the start of Thursday’s hearing that she would “look forward” to speaking with the committee.

“I can’t wait to clear up misconceptions. I look forward to talking to them,” The Daily Caller reported. Thomas has worked with the Daily Caller in the past, including producing an interview with her husband.

I can’t wait either.

Jim Newell and Jordan Weissmann have questions for her: Ginni Thomas: Were you sending emails about a criminal f***ing conspiracy?

Just how deeply involved was Ginni Thomas in plotting to overthrow the results of the 2020 election? The Jan. 6 committee may be poking around to try and find out. After Trump’s loss, Thomas—wife of Justice Clarence Thomas—texted extensively with White House chief of staff Mark Meadows about overturning the outcome and pushed Arizona lawmakers to do the same with their state’s vote. This week, the Washington Post reported that the panel is examining emails between Thomas and the lawyer John Eastman, who was Trump’s apparent point man on all things coup-related (and who will now forever be associated with the words “I believe I should be on the pardon list, if that is still in the works”). After the Post story broke, Eastman posted his email correspondence with Thomas on his Substack in a post titled: “OMG, Mrs. Thomas asked me to give an update about election litigation to her group. Stop the Presses!” It mostly just seemed to confirm that, yes, the two were in contact. The committee is now planning to interview Thomas, who says she is looking forward to clearing up any “misconceptions.” Here’s the key context for all this: At one point, Eastman told another Trump ally in an email that there was “a heated fight underway” at the Supreme Court over the election. It’s not clear where he got that idea. Was he fed this information by his friend Ginni? And what would that tell us, exactly, about Clarence Thomas’ activities at the court? Inquiring minds would like to know what the queen of Boomer texters, and her wildly powerful husband, were up to.

Also see Jamelle Bouie at The New York Times: Ginni Thomas Has a Lot of Explaining to Do.

spoon-feeding-cat15This is from CNBC: Ginni Thomas-tied Facebook group ‘FrontLiners for Liberty’ could be a new focus in Jan. 6 investigation.

A Facebook group that appears to be run by Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, could become a new point of interest in the U.S. House Select Committee’s investigation into the Jan. 6 attack on the U.S. Capitol.

Congressional investigators said they planned to ask Ginni Thomas to testify before the committee hours after Trump attorney John Eastman on Thursday publicly posted a Dec. 4, 2020 email from Thomas asking him to speak to a gathering she called “Frontliners,” which she described as featuring “grassroots state leaders.” Ginni Thomas is listed as an administrator of a Facebook group that goes by a similar name and description: “FrontLiners for Liberty.”

The private group, which listed more than 50 members, was created in August 2020, just two months before the November elections, according to the page’s description.

The groupwhich CNBC reviewed before it was removed from public view, described itself as “a new collaborative, liberty-focused, action-oriented group of state leaders representing grassroots armies to CONNECT, INFORM and ACTIVATE each other weekly to preserve constitutional governance.” Although Thomas’ personal Facebook page isn’t verified, it contained numerous photos ofJustice Thomas.

The group’s pages were removed from public view after CNBC reached out to Thomas about the organization. It now shows a notice from Facebook saying that it’s either been deleted or the privacy settings have been changed.

CNBC also tried to get answers through Facebook messenger to Stephanie Coleman, who is also listed administrator of the group and the wife of the late Gregory Coleman who was Texas’ solicitor general. Greg Coleman was once a clerk for Justice Thomas.

Coleman and Thomas are repeatedly pictured together on Coleman’s personal Facebook page, including a photo of the two together in December 2016 with former White House chief strategist Steve Bannon.

More news, links only:

spoon-feeding-cat13Just Security: 8 Top Former Prosecutors, Senior DOJ Officials on Key New Evidence in Effort to Pressure Pence.

The Washington Post: Supreme Court could soon make it easier to carry guns in six states.

Vice: Uvalde Hires Private Law Firm to Argue It Doesn’t Have to Release School Shooting Public Records.

The Guardian: The ‘big rip-off’: how Trump exploited his fans with ‘election defense’ fund.

HuffPost: The Far-Right’s Assault On An Idaho Pride Event Was Meticulously Planned.

The New York Times: Proud Boys Led Major Breaches of Capitol on Jan. 6, Video Investigation Finds.

David Von Drehle at The Washington Post: A new ‘National Conservative’ manifesto sounds a lot like fascism.

Garry Kasparov at The Wall Street Journal: Awakened to Putin’s Threat, Biden and the West Nod Off Again.

Have a nice Juneteenth weekend everyone!!


Tuesday Reads: Yesterday’s Jan. 6 Committee Hearing

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Good Morning!!

Much of today’s news is about yesterday’s January 6 committee hearing, but before I get to that, this morning the committee announced that tomorrow’s scheduled hearing has been postponed. NBC News: Jan. 6 committee abruptly postpones Wednesday hearing.

The House committee investigating the Jan. 6 attack on the Capitol announced Tuesday that it was postponing its public hearing scheduled for 10 a.m. on Wednesday.

The next hearing will take place on Thursday instead.

The committee did not say why it was postponing Wednesday’s hearing.

The witnesses who were expected to testify at the hearing included former acting Attorney General Jeffrey Rosen, former acting Deputy Attorney General Richard Donoghue and Steve Engel, former assistant attorney general for the Office of Legal Counsel….

Rep. Liz Cheney, R-Wyo., said last week that the third hearing would offer evidence about Trump’s unsuccessful plan to oust Rosen and replace him with another DOJ official who was more supportive of Trump’s fraud claims, Jeffrey Clark, according to Cheney. Clark drafted a letter to states that said the department “identified significant concerns that may have impacted the outcome of the election.”

“In our hearings, you will hear first-hand how the senior leadership of the department threatened to resign, how the White House Counsel threatened to resign, and how they confronted Donald Trump and Jeff Clark in the Oval Office,” Cheney said Thursday.

Committee member Rep. Zoe Lofgren told Morning Joe that the postponement is “no big deal.”

Perhaps in anticipation of the committee’s scheduled topic for Wednesday, Michael Kranish wrote in The Washington Post: Inside the explosive Oval Office confrontation three days before Jan. 6.

Three days before Congress was slated to certify the 2020 presidential election, a little-known Justice Department official named Jeffrey Clark rushed to meet President Donald Trump in the Oval Office to discuss a last-ditch attempt to reverse the results.

Clark, an environmental lawyer by trade, had outlined a plan in a letter he wanted to send to the leaders of key states Joe Biden won. It said that the Justice Department had “identified significant concerns” about the vote and that the states should consider sending “a separate slate of electors supporting Donald J. Trump” for Congress to approve.

In fact, Clark’s bosses had warned there was not evidence to overturn the election and had rejected his letter days earlier. Now they learned Clark was about to meet with Trump. Acting attorney general Jeffrey Rosen tracked down his deputy, Richard Donoghue, who had been walking on the Mall in muddy jeans and an Army T-shirt. There was no time to change. They raced to the Oval Office.

As Rosen and Donoghue listened, Clark told Trump that he would send the letter if the president named him attorney general.

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Jeffrey Clark

Donoghue told Trump that Clark was “not competent” to serve as Attorney General, and if Trump appointed him there would be mass resignations at the DOJ. Kranish writes that January 6 Committee witness have revealed new information about what happened in that January 3 Oval Office meeting.

A reconstruction of the events by The Washington Post, based on the court filings, depositions, Senate and House reports, previously undisclosed emails, and interviews with knowledgeable government officials, shows how close the country came to crisis three days before the insurrection.

The evidence, which fills in crucial details about Clark’s efforts, includes an email showing he was sent a draft of a letter outlining a plan to try to overturn the election by a just-arrived Justice Department official who had once written a book claiming President Barack Obama planned to “subvert the Constitution.”

But larger mysteries could still be solved at a Jan. 6 committee hearing on Wednesday morning slated to examine Clark’s actions, including the crucial question of whether Clark and his allies were acting on their own initiative — or whether they were one piece of a larger, well-planned effort to keep Trump in power. That question gets to the heart of the committee’s professed mission: proving there was a “coordinated, multi-step effort to overturn the 2020 presidential election.”

It’s a long read, so you’ll have to go to the WaPo to read all the details.

Now for some reactions to yesterday’s Committee presentation.

Trump biographer Timothy O’Brien at Bloomberg: Trump Knew Exactly What He Was Doing on Jan. 6.

“Jerry, just remember: It’s not a lie if you believe it.” — George Costanza, “Seinfeld”

Did Donald Trump believe he was telling the truth when he claimed that the 2020 election, which he lost, was rigged against him? I think not, but I’m just one person.

Fortunately, lots of other White House advisers, such as former Attorney General William Barr, told Trump in the days and weeks after the election that there was no fraud. Barr called the claims “bullshit,” “rubbish” and “idiotic.” Trump’s advisers were surprised, sometime stunned, that he plowed ahead anyway. Those were just some of the revelations from the second day of testimony of the select congressional committee investigating the Jan. 6 attack on the US Capitol.

One reason this matters is that the hearing’s most important audience isn’t voters or historians. It’s an audience of one: Attorney General Merrick Garland. If Garland’s Justice Department decides to charge Trump with electoral fraud, it will need to demonstrate to a jury that Trump intended to commit a crime when he staged an attempted coup — and that he knew what he was doing was wrong. The Jan. 6 committee is laying lots of persuasive evidence on Garland’s desk.

In addition to Barr, other White House and campaign advisers, including Jared Kushner, Bill Stepien, Eric Herschmann, Alex Cannon and Jeffrey Rosen, told Trump that there was no election fraud. Some advisers did insist otherwise, including Rudy Giuliani. But based on testimony at the hearing, the Giuliani crowd was telling Trump what he already wanted to hear. Barr testified that Trump had no interest in the “actual facts.” Stepien testified that Trump’s “mind was made up” that mail-in voting was a scam months before the election took place.

Barr went as far as to say that if Trump really did believe there was fraud, he had “become detached from reality.” But Trump’s never been detached from reality — he has simply created the narratives he wants to get what he wants. He’s been doing that for decades. You can call this modus operandi lying, or exaggerating, or prevaricating, or dissembling, or falsely speaking. Whatever the term, he knows exactly what he’s doing when he does it.

Read more at the link. Fortunately AG Garland says he’s following the Committee’s presentations.

Hugo Lowell at The Guardian: Garland says he is watching January 6 hearings amid pressure to investigate Trump.

“I am watching and I will be watching all the hearings, although I may not be able to watch all of it live,” Garland said shortly after the select committee concluded its second hearing. “I can assure you the January 6 prosecutors are watching all of the hearings, as well.”

The attorney general declined to address potential investigations into Trump or other individuals mentioned by the select committee at the hearings, saying that could undermine prosecutors’ work and would be unfair to people under scrutiny who might never be charged.

But Garland reiterated earlier promises that the justice department is exploring potential criminal conduct regardless of those people’s level, their positions in the government and proximity to Trump, or whether they were at the Capitol on 6 January 2021.

The justice department appears in recent weeks to have expanded its criminal investigation to examine top figures connected to Trump’s efforts to overturn the results of the 2020 election, including government officials and Republican lawyers and operatives.

One grand jury in Washington is investigating the rallies that preceded the Capitol attack and whether any executive or legislative branch officials were involved in trying to obstruct Joe Biden’s election certification, according to a subpoena seen by the Guardian.

The justice department also appears to be investigating political operatives close to Trump, according to another grand jury subpoena seen by the Guardian, as well as some Trump lawyers involved in a scheme to send fake Trump electors to Congress.

Read the rest at The Guardian.

At The Daily Beast, Julia Davis reports: Team Putin in a Panic Over Jan. 6 Hearings ‘Lynching Trump.’

The House select committee’s primetime Jan. 6. hearings are causing conniptions in Moscow.

105146647-GettyImages-872801238rThe attempted insurrection was embraced by the Kremlin as cause célèbre, with Russian President Vladimir Putin himself calling for an investigation into the death of Ashli Babbitt, who was part of the crowd attacking the U.S. Capitol. Russia’s state-controlled media obsessively covered the notorious attack, praising the would-be insurrectionists as law-abiding protesters and criticizing the United States for prosecuting them. But now, propagandists seem to be concerned that the hearings may negatively impact the chances of re-election for their so-called “partner,” former U.S. President Donald J. Trump.

Kremlin-controlled state media has been relishing the faltering popularity ratings of President Biden, describing Trump as a shoo-in for re-election and openly hoping that a Republican takeover in the midterms would spell a change in America’s foreign policy towards Ukraine. The Jan. 6 committee hearings seem to be a fly in the ointment and now Putin’s propagandists are no longer certain of what the future elections might hold.

Assuming that a criminal prosecution against Trump is all but inevitable, state TV host Vladimir Solovyov seemed perturbed during his show The Evening With Vladimir Solovyov last Friday: “Look at what’s going on in America. A criminal prosecution against Trump and his followers is an obvious step towards a dictatorship.” Solovyov failed to mention the kind of penalties one might face in Russia for attempting a violent insurrection, where people get arrested for something so innocuous as holding up a sign that says “Peace,” or even a blank sheet of paper….

Dmitry Abzalov, Director of the Center for Strategic Communications, was equally agitated: “The most crucial point is as follows: we need to understand what’s going to happen in the electoral sense. The internal political component is extremely significant. The most important events on our political calendar are local elections in Great Britain as well as a very difficult situation in July and August, since the midterms in the U.S. actually start during summer months. Every Thursday they’ll be lynching Trump in prime time.”

Click the link to read the rest.

William Saletan at The Bulwark: If Trump Wasn’t Lying, That’s Worse. A delusional president is far more dangerous than a mendacious one.

On Monday, the House January 6th Committee presented evidence that Donald Trump, after losing the 2020 election, promoted allegations of voter fraud that his own advisers had told him were false. According to the committee, this evidence proves he was lying.

But the evidence actually points to a different conclusion: Trump wasn’t lying in the way that other presidents have done. He was simply impervious. He refused to accept unwelcome facts. And that degree of imperviousness, in a president, is much more dangerous than dishonesty.

Testimony at Monday’s hearing showed that many people around Trump—Mark Meadows, Jared Kushner, Ivanka Trump, and others—knew his claims were false. But the testimony about Trump himself was different. Nobody recalled the then-president privately admitting, in the style of Richard Nixon, that he was hiding the truth. Instead, everyone who had interacted with Trump described him as batting away information he didn’t want to hear.

Saletan then provides a four-part summary of the evidence, which you can read at the link above.

If Trump truly believed, despite all evidence, that the election was stolen, that might buy him some relief from criminal charges that require corrupt intent. But in terms of his fitness for office, the theory that he was deluded—not lying—is more alarming, not less.

In his testimony, Barr described a meeting with Trump on Dec. 14, 2020. Trump was still ranting about Dominion and other fantastic tales. “I was somewhat demoralized,” Barr told the committee, “because I thought, boy, if he really believes this stuff . . . he’s become detached from reality.” Barr speculated that Trump had “lost contact.” He recalled that each time he told Trump “how crazy some of these allegations were,” Trump brushed aside the information: “There was never an indication of interest in what the actual facts were.”

“I felt that before the election it was possible to talk sense to the President,” Barr testified. This sometimes required “a big wrestling match” with Trump, he explained, but “it was possible to keep things on track.” But “after the election, he didn’t seem to be listening.”

Detached from realityLost contactNo interest in facts.

We can’t have a president who thinks—or doesn’t think—this way. We can’t put the world’s most powerful armed forces and nuclear arsenal back in the hands of a man who believes, no matter what, that he has the mandate of the people—and is willing to use violence to stay in power. In the Oval Office, a madman is far more dangerous than a liar.

I’m not sure what to believe. I do think that Trump has shown himself to be delusional in many situations. On the other hand, if Trump truly believed his lies, it would be much more difficult to prosecute him.

Trump himself issued a response to the evidence provided by the committee. The Hill: Trump releases 12-page response to Jan. 6 hearing.

The 12-page document underscores how Trump has yet to move on from his false claims of fraud in the 2020 election and how the committee’s work may be central to a potential 2024 campaign….

Trump repeats a handful of disproven claims to assert the 2020 election was stolen from him and rigged in favor of Democrats, including some that were brought up during testimony by former Trump campaign and administration officials.

One section of Trump’s statement focuses on ballot trafficking claims, for which he cites the Dinesh D’Souza documentary “2000 Mules.” In testimony shown earlier Monday, former Attorney General William Barr laughed at the mention of the film, saying he was “unimpressed with it” and dismissed the idea that it proved widespread fraud.

Another section asserts that President Biden could not have won the states of Pennsylvania, Arizona or Georgia because he got more Black votes and Hispanic votes than former President Obama. Each of those states has performed audits and recounts and found no evidence of widespread fraud.

Trump in one section claimed states such as Pennsylvania and Michigan took additional time after Election Day to count ballots because it was part of an elaborate scheme to ship in fraudulent votes so Biden could erase Trump’s narrow leads in those states.

But former Fox News editor Chris Stirewalt testified in person on Monday to dismiss that very theory, known as the “red mirage.” Stirewalt explained that Republicans typically do better on Election Day, while Democrats perform better in early voting. Some states, such as Pennsylvania, do not count early votes or mail-in ballots until Election Day, meaning it takes additional time to finalize the count.

https://twitter.com/marceelias/status/1536479254489210884?s=20&t=hq6i1VYkMuRQ0NMWqBMsvw

From Raw Story: ‘Admissible in any future trial’: Analysts nail Trump’s 12-page Jan. 6 response rant.

Former President Donald Trump is being mocked and attacked online after issuing a 12-page statement that is partly a typical Trump rant but follows with a case his campaign has made that questions nebulous things like “ballot stuff” and alleges that because ballots were counted after midnight they’re fraudulent.

As Democratic election lawyer Marc Elias noted, Trump’s lawyers should let him know that statements like these can be used against him in any forthcoming legal proceedings. Typically, lawyers advise their clients to stay quiet and refrain from speaking out.

That’s it for me today. What stories have captured your interest?