The U.S. media and the pundit class are still trying to drive Joe Biden out of the presidential race, and I’m sick and tired of it. These privileged people have the wherewithal to leave the country if Trump gets back in the White House; I don’t.
I see no evidence that Biden is experiencing “cognitive decline,” and he certainly does not have dementia. Democrats should be rallying around Biden, whether they like him personally or not. He is the only thing standing between us and a MAGA dictatorship. Biden needs to stay in the race and beat Trump. He did it once; I believe he can do it again.
Once he’s elected, if Biden wants to retire before the end of his term, Kamala Harris will be there to take over. If he leaves now, Harris will likely be unable to appoint someone as VP, because both houses of Congress have to confirm her choice. The Republicans would joyfully block anyone she picks.
Last night Biden submitted to an interview with ABC’s George Stephanopoulos. I tried to watch it, but I had to turn it off. Stephanopoulos’s questions were ignorant, insulting, and patronizing. I just couldn’t handle it. You can read the full transcript at ABC News.
I am not usually one to offer diagnoses of people I’ve never met, but it does seem like the pundit class of the American media is suffering from severe memory loss. Because they’re doing exactly what they did in the 2016 presidential race – providing wildly asymmetrical and inflammatory coverage of the one candidate running against Donald J Trump.
They have become a stampeding herd producing an avalanche of stories suggesting Biden is unfit, will lose, and should go away, at a point in the campaign in which replacing him would likely be somewhere between extremely difficult and utterly catastrophic. They do this while ignoring something every scholar and critic of journalism knows well and every journalist should. As Nikole Hannah-Jones put it: “As media we consistently proclaim that we are just reporting the news when in fact we are driving it. What we cover, how we cover it, determines often what Americans think is important and how they perceive these issues yet we keep pretending it’s not so.” They are not reporting that he is a loser; they are making him one.
According to one journalist’s tally, the New York Times has run 192 stories on the subject since the debate, including 50 editorials and 142 news stories. The Washington Post, which has also gone for saturation coverage, published a resignation speech they wrote for him. Not to be outdone, the New Yorker’s editor-in-chief declared that Biden not going away “would be an act not only of self-delusion but of national endangerment” and had a staff writer suggest that Democrats should use the never-before-deployed 25th amendment.
Since this would have to be led by Vice-President Kamala Harris, it would be a sort of insider coup. And so it goes with what appears to be a journalistic competition to outdo each other in the aggressiveness of the attacks and the unreality of the proposals. It’s a dogpile and a panic, and there is no one more unable to understand their own emotional life, biases, and motives than people who are utterly convinced of their own ironclad rationality and objectivity, AKA most of these pundits.
Serial Cuddlers, by Daniel Ryan
Speaking of coups, we’ve had a couple of late, which perhaps merit attention as we consider who is unfit to hold office. This time around, Trump is not just a celebrity with a lot of sexual assault allegations, bankruptcies, and loopily malicious statements, as he was in 2016. He’s a convicted criminal who orchestrated a coup attempt to steal an election both through backroom corruption and public lies and through a violent attack on Congress. The extremist US supreme court justices he selected during his last presidential term have themselves staged a coup this very Monday, overthrowing the US constitution itself and the principle that no one is above the law to make presidents into kings, just after legalizing bribery of officials, and dismantling the regulatory state by throwing out the Chevron deference.
His own former staffers are part of the Heritage Foundation’s team planning to implement Project 25 if Trump wins, which would finish off our system of government with yet another coup. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” said the foundation’s president the other day. This alarms me. So does the behavior of the US mainstream media, which seems more concerned with sabotaging the only thing standing between us and this third coup.
“Why aren’t we talking about Trump’s fascism?” demands the headline of Jeet Heer’s piece in the Nation, to which the answer might be a piece by the Nation’s own editor-in-chief titled “Biden’s patriotic duty” that proposes his duty is to get lost. Sometimes I wonder if all this coverage is because the media know how to cover a normal problem like a sub-par candidate; they don’t know how to cover something as abnormal and unprecedented as the end of the Republic. So for the most part they don’t.
Biden is old. He was one kind of appalling in the 27 June debate, listless and sometimes stumbling and muddling his words. But Trump was another kind of appalling, in that almost everything he said was an outrageous lie and some of it was a threat. I get that writing about the monstrosity that is Trump faces the problem that it’s not news; he’s been a monster spouting lurid nonsense all his life (but his political crimes are recent, and his free-associating public soliloquies on sharks, batteries, toilets, water flow, and Hannibal Lector, among other topics, are genuinely demented). He’s a racist, a fascist, and a rapist (according to a civil-court verdict).
We are deciding if this nation has a future as a more-or-less democratic Republic this November, and on that rides the fate of the earth when it comes to acting on climate change. If the US falters at this decisive moment in the climate crisis, it will drag down everyone else’s efforts. Under Trump, it will. But the shocking supreme court decisions this summer and the looming threat of authoritarianism have gotten little ink and air, compared to the hue and cry about Biden’s competence.
President Joe Biden registered his best showing yet in a Bloomberg News/Morning Consult tracking poll of battleground states, even as voters offered withering appraisals of his debate performance amid panic within his party.
Cat in a cardboard box, by Ruskin Spear
Republican Donald Trump led Democrat Biden by only 2 percentage points, 47% to 45%, in the critical states needed to win the November election. That’s the smallest gap since the poll began last October. Biden now leads Trump in Michigan and Wisconsin. He’s within the poll’s statistical margin of error in Arizona, Georgia, Nevada and North Carolina, and is farthest behind in the critical state of Pennsylvania.
Swing-state voters thought Biden acquitted himself poorly in the debate, with fewer than one in five respondents saying the 81-year-old was the more coherent, mentally fit or dominant participant.
The poll results land as the Democratic Party finds itself in an extraordinary bind mere weeks before its nominating convention. To pressure Biden into releasing delegates would be to abandon a candidate who has beaten Trump before and has portrayed his debate debacle as the latest surmountable setback in a career marked by personal tragedies and three previous White House campaigns.
Voters’ reactions to Biden’s debate performance:
The Bloomberg News/Morning Consult poll is the first comprehensive survey of the states most likely to decide the outcome in the Electoral College since the debate on June 27. Its findings run counter to some recent national polls, which showed a worsening picture for Biden. The poll could turn out to be a statistical outlier.
While the results show a “modest boost” in concerns about Biden’s mental acuity, they’re “nothing to match the level of alarm expressed by prominent voices in the Democratic Party,” said Eli Yokley, US political analyst for Morning Consult. “This suggests the age matter was already baked into most voters’ minds: The only difference now is more Democrats are acknowledging it.”
The view from the swing states could be affected by an advertising blitz from Biden and his Democratic allies, who have lately outspent their Republican rivals 5-to-1 in those places.
The Bloomberg News/Morning Consult poll also started four days after the debate — later than some national polls — giving voters more time to evaluate Biden’s performance.
The poll’s first responses came on the day the Supreme Court granted Trump immunity for criminal acts he may have committed as part of his “official responsibilities.” The issue of democracy now rivals immigration as the second-biggest concern among swing-state voters, and it’s one of few issues — including climate change, abortion and health care — where Biden enjoys a significant edge in voter trust.
Read more if you can get past the paywall. I signed up for free articles for one day.
NBC News has a gossipy article about supposed conflicts between President Biden’s family and staff. I’m no going to quote from it; it’s very similar to the gossip column-like pieces that the NYT and WaPo like to publish. But here’s a link, if you want to read it. It’s quite melodramatic, so have a fainting couch and smelling salts handy: ‘It’s Shakespearean’: Long-simmering tensions between Biden’s family and aides spill out.
Meanwhile, Trump is up to no good, as usual. He and his thugs have noticed that Americans might not want to have an unfettered strongman in place of a normal president. They are starting to hear about the Heritage Foundation and “Project 2025, and it’s not going over well with normal people as opposed the MAGA maniacs. So yesterday, someone post at Truth Social in Trumps name, claim to know nothing, nothing at all about Project 2025. (I know Trump didn’t actually write the post, because there were no misspellings or oddly capitalized words; and it included words like “abysmal.”
Donald Trump is trying to claim he has “nothing to do” with Project 2025, a political roadmap created by people close to him for his potential second term.
The project, which is led by the Heritage Foundation, a conservative thinktank, seeks to crack down on various issues including immigration, reproductive rights, environmental protections and LGBTQ+ rights. It also aims to replace federal employees with Trump loyalists across the government.
From the book “Tell us a story,” by Dolores McKay, 1923
Trump wrote in a post on his Truth Social network: “I know nothing about Project 2025. I have no idea who is behind it. I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.”
The former president’s post came a day after the Heritage Foundation’s president, Kevin Roberts, said the US was in the midst of a “second American revolution” that can be bloodless “if the left allows it to be”. He made the comments on Steve Bannon’s War Room podcast, adding that Republicans are “in the process of taking this country back”.
In response to Trump’s post, several critics were quick to point out that it appears unlikely that he is unaware of Project 2025, given that many individuals involved in the project are his closest allies.
“Many people involved in Project 2025 are close to Trump world & have served in his previous admin,” CNN’s Alayna Treene said.
“Project 2025” is nothing short of a 900-page blueprint for guiding Donald Trump’s second term of office if he’s re-elected.
After the Heritage Foundation unveiled Project 2025 in April last year, when Trump was seeking the Republican nomination, he had no problem with it.
But now that the nation is turning its attention to the general election, Trump doesn’t want Project 2025 to draw attention. Its extremism is likely to turn off independents and moderates.
So Trump is now claiming he has “no idea who is behind” Project 2025….
The Project 2025 playbook was written by more than 20 officials who Trump himself appointed during his first term. If he has “no idea” who they are, he’s showing an alarming cognitive decline.
One of the leaders of Project 2025 is Russ Vought. Vought was Trump’s director of the Office of Management and Budget, a key position in the White House. Vought is also drafting Trump’s 2024 GOP platform.
Trump says he “knows nothing” about Project 2025. And he says he “disagrees” with it.
As the former chairman of the Republican party, Michael Steele put it, “Ok, let’s all play with Stupid for minute … so exactly how do you ‘disagree’ with something you ‘know nothing about’ or ‘have no idea’ who is behind, saying or doing the thing you disagree with?”
Artist unknown
Trump may also be worried that Heritage president Kevin Roberts could alarm independents and moderates. On Wednesday, Roberts raised the prospect of political violence. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” Roberts told the War Room podcast, founded by Trump adviser Steve Bannon.
But let’s be clear. The Trump campaign platform is basically Project 2025. Trump’s Make America Great Again Pac is running ads calling it “Trump’s Project 2025”.
The Make America Great Again Pac also created the website TrumpProject2025.com. In case there’s any doubt that Trump and the Heritage Foundation are working in close partnership, Trump can be seen in this video praising the Heritage Foundation and saying he “needs” them to “achieve” his goals.
The close relationship between Trump and the Heritage Foundation goes back years. In 2018, the Heritage Foundation bragged that Trump implemented two-thirds of their policy recommendations in his first year – more than any other president had done for them.
The goals of Project 2025 are the same goals Trump tried to achieve in his first term or has been advocating in this campaign.
One key goal of Project 2025 is to purge all government agencies of anyone more loyal to the constitution than to Trump – a process Trump himself started in October 2020 when he thought he would remain in office.
Trump has promised to give rightwing evangelical Christians what they want. Accordingly, Project 2025 calls for withdrawing the abortion pill mifepristone from the market, expelling trans service members from the military, banning life-saving gender affirming care for young people, ending all diversity programs, and using “school choice” to gut public education.
Read the rest at The Guardian.
Trump is trying to use the SCOTUS “immunity” ruling to get rid of the espionage and other charges against him for stealing and hoarding secret government documents.
Donald Trump says the Supreme Court’s ruling that he has blanket immunity from prosecution for his “official acts” as president should result in a monthslong pause of his criminal proceedings in Florida.
The Friday filing by Trump’s legal team with U.S. District Judge Aileen Cannon is the latest move by the former president to seize on the high court’s landmark immunity ruling to sideline his lingering criminal cases. He is asking Cannon for a chance to argue the immunity issue before her between now and early September, effectively pausing all other proceedings in the case by two months.
Trump has argued that his decision to transmit classified documents to his Florida home as he prepared to leave the presidency should be treated as an “official act” and be removed from special counsel Jack Smith’s case against Trump for allegedly hoarding national security secrets at his Mar-a-Lago estate. Now, he says, the Supreme Court’s ruling requires that the case be put on hold until the immunity issue is resolved.
The push by Trump is the latest effort to wield the Supreme Court’s decision as a weapon in his ongoing cases in Florida, Washington, D.C. and Georgia, each of which implicate some of Trump’s actions in his final months in the White House. The ruling has already scrambled plans for New York state judge Juan Merchan to sentence Trump on his 34-count conviction for concealing evidence of his alleged 2006 affair wiAlth porn star Stormy Daniels. Though that case centered on Trump’s private actions, some of the evidence prosecutors relied on overlapped with his first two years in the White House, which Trump contends should have been treated as off-limits.
““No Mortal Man is Above the Law,” sayeth the Supremes. Enjoy your Independence Day; if the Conflicted Convicted Felon is elected, it’ll be our last.” John Buss, Repeat 1968
Good Day, Sky Dancers!
Independence Day has always been my favorite holiday, and it’s my youngest daughter’s too. When we lived in the Quarter, we would always walk our 2 blonde labs to the Mississippi River Bank and watch the left and east bank boats launch a huge fireworks display. Down here in the Bywater, it’s still the same short walk to the riverbank, but the Poland Avenue Wharf or the newest Crescent Park are the favorite places to go. Cars always turn to our local NPR station for patriotic music and blast it loud. You can tell when it’s time for the display because all the bars and houses empty into the streets and head south to the banks of the Mississippi River. I have always wondered what past celebrations were like, but that’s a rabbit hole for another day.
I spent the pre-show hours with friends listening to his industrial band livestream their efforts while sitting in their driveway patio. It seemed like a normal fourth. While everyone headed to the river, I headed home to Temple to let her dig a burrow under me to hide from the noise. No displays for me in the last 10 years. Just time at home in bed comforting Temple. The weird thing this year was the fireworks didn’t seem to bother her, and she spent most of the time spooning me. Maybe she sensed that my fear was far greater than hers today. It’s a thought.
Twilight’s last gleaming from last night at my neighbor’s driveway patio.
The swiftboating of the democratic candidate season has begun. My friend who owns the bar on the corner told me she’s hearing from others besides me who are looking for places to become expats. Given the Le Pen elections, I’m researching the south of France right now, although they may soon have their counter-revolution. Russia is happy about that one. I’m sure they have high hopes for us.
If you haven’t seen this little speech, you really should. “Leader of the pro-Trump Project 2025 suggests there will be a new American Revolution. Kevin Roberts said the revolution will be bloodless “if the left allows it to be.” This is from the AP but sourced at Politico.
The leader of a conservative think tank orchestrating plans for a massive overhaul of the federal government in the event of a Republican presidential win said that the country is in the midst of a “second American Revolution” that will be bloodless “if the left allows it to be.”
Heritage Foundation President Kevin Roberts made the comments Tuesday on Steve Bannon’s “War Room” podcast, adding that Republicans are “in the process of taking this country back.”
Democrats are “apoplectic right now” because the right is winning, Roberts told former U.S. Rep. Dave Brat, one of the podcast’s guest hosts as Bannon is serving a four-month prison term. “And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”
Roberts’ remarks shed light on how a group that promises to have significant influence over a possible second term for former President Donald Trump is thinking about this moment in American politics. The Heritage Foundation is spearheading Project 2025, a sweeping road map for a new GOP administration that includes plans for dismantling aspects of the federal government and ousting thousands of civil servants in favor of Trump loyalists who will carry out a hard-right agenda without complaint.
His call for revolution and vague reference to violence also unnerved some Democrats who interpreted it as threatening.
“This is chilling,” former Democratic presidential candidate Marianne Williamson wrote on the social platform X. “Their idea of a second American Revolution is to undo the first one.”
James Singer, a spokesperson for President Joe Biden’s reelection campaign, pointed to this week’s Fourth of July holiday in an emailed statement.
“248 years ago tomorrow America declared independence from a tyrannical king, and now Donald Trump and his allies want to make him one at our expense,” Singer said, adding that Trump and his allies are ”dreaming of a violent revolution to destroy the very idea of America.”
Roberts, whose name Bannon recently floated to The New York Times as a potential chief of staff option for Trump, also said on the podcast that Republicans should be encouraged by the Supreme Court’s recent immunity ruling.
Bannon is in jail right now, serving time for contempt of Congress. The New Republic‘s Parker Malloy has a good point here. “Why Does the Media Insist on Helping Steve Bannon Act the Martyr? NBC and ABC snagged pre-prison interviews with the far-right globalist. But to what end? They became tools in his propaganda machine.” The press just falls right in line by normalizing this behavior.
NBC News’s Vaughn Hillyard and ABC News’s Jonathan Karl recently made a journalistic misstep by interviewing Steve Bannon right before he reported to prison. This move, which might seem innocuous at first glance, actually elevates Bannon’s “political prisoner” narrative, a misleading storyline that does little but bolster the War Room host’s victim complex.
By interviewing Bannon just before he heads to prison, both NBC and ABC are essentially giving him a platform to paint himself as a martyr.
It allows Bannon to control the narrative. This plays directly into the hands of Bannon and his supporters, who are eager to cast any legal action against them as part of a broader conspiracy to silence dissent. It’s a classic tactic: position yourself as a victim to garner sympathy and rally support.
But Bannon is not going to prison for his political beliefs or his support for Donald Trump. He’s going to prison because he defied a congressional subpoena. By allowing Bannon to put some focus on his claims of political persecution, these interviews shift attention away from his actual misconduct and the legal consequences of that misconduct. This undermines the rule of law and gives credence to the idea that powerful individuals can evade accountability by crying foul.
Beyond that, it normalizes extremist rhetoric. In his interview with Karl, Bannon doubled down on his inflammatory language, discussing “retribution” and the need for investigations and potential imprisonments of political figures. Bannon listed former FBI Director James Comey, FBI Deputy Director Andrew McCabe, former Defense Secretary Mark Esper, former Joint Chiefs Chairman Mark Milley, Attorney General Merrick Garland, and former Attorney General Bill Barr as people who should be “very worried” about prosecution under a second Trump administration. Bannon defended his use of the slogan “Victory or Death!” at the recent Turning Point Action convention and rolled his eyes at Karl for even asking him about his 2020 comments about beheading Dr. Anthony Fauci and FBI Director Christopher Wray.
Mark Robinson, the extremist GOP nominee for governor in North Carolina, appeared to endorse political violence in a bizarre and extended rant he delivered on June 30 in a small-town church.
“Some folks need killing!” Robinson, the state’s lieutenant governor, shouted during a roughly half-hour-long speech in Lake Church in the tiny town of White Lake, in the southeast corner of the state. “It’s time for somebody to say it. It’s not a matter of vengeance. It’s not a matter of being mean or spiteful. It’s a matter of necessity!”
Robinson’s call for the “killing” of “some folks” came during an extended diatribe in which he attacked an extraordinary assortment of enemies. These ranged from “people who have evil intent” to “wicked people” to those doing things like “torturing and murdering and raping” to socialists and Communists. He also invoked those supposedly undermining America’s founding ideals and leftists allegedly persecuting conservatives by canceling them and doxxing them online.
In all this, Robinson appeared to endorse lethal violence against these unnamed enemies, particularly on the left, though he wasn’t exactly clear on which “folks” are the ones who “need killing.”
Robinson, a self-described “MAGA Republican,” has a long history of wildly radical and unhinged moments. He has linked homosexuality to pedophilia, called for the arrest of trans women, pushed hallucinogenic antisemitic conspiracy theories, endorsed the vile “birther” conspiracy about Barack Obama, described Michelle Obama as a man, hinted at the need to violently oppose federal law enforcement and the government, and posted memes mocking and denying the brutal, violent assault on Nancy Pelosi’s husband, among many other things.
President Joe Biden will hold a rally Friday in Wisconsin and then sit for his first televised interview since his disastrous debate performance last week, events could be crucial in determining whether he can salvage his embattled candidacy.
The interview with anchor George Stephanopoulos of ABC News is shaping up to be one of the most high-stakes moments for a president or a candidate in many years. Democratic elected officials, donors and voters will be closely watching to see whether he can still deliver in an adversarial setting and turn in a performance worthy of being the party’s nominee to defeat Donald Trump this fall.
The interview will “air in its entirety as a primetime special” at 8 p.m. ET Friday, ABC said, adding that a “transcript of the unedited interview will be made available the same day.”
Before that, Biden is expected to speak this afternoon at a campaign rally in Madison, Wisconsin. At the rally, Biden will “underscore the stakes of this election for our democracy, our rights and freedoms, and our economy,” a campaign official said. Also speaking will be Gov. Tony Evers, a Democrat, and Rep. Mark Pocan, D-Wis., among others.
The White House said the interview team from ABC “will be with us all day in Wisconsin” and able to cover the rally event and to observe the president as he participates in his schedule, and said it has “some flexibility” around the length of the sit-down but “no exact estimate” of the duration of the conversation.
Read the next paragraph, which I will not print here, and try not to bang your head against your desk, wall, or coffee table. Law Professor Richard W. Painter is floating a Constitutional Amendment on X.
Const. Amend. 28: “The President and the judges of the United States courts including the Supreme Court, shall be bound by the criminal laws of the United States and also by financial disclosure and conflict of interest laws enacted by Congress.” So who votes against?
So, I have to share this one from the New York Times even though I’m about to cancel my subscription. “Biden Tells Governors He Needs More Sleep and Less Work at Night. The president’s opening remark to a group of key Democratic leaders — that he was in the race to stay — chilled any talk of his withdrawal, participants said.” The usual suspects, Reid J. Epstein and Maggie Haberman, reported it.
President Biden told a gathering of Democratic governors that he needs to get more sleep and work fewer hours, including curtailing events after 8 p.m., according to two people who participated in the meeting and several others briefed on his comments.
The remarks on Wednesday were a stark acknowledgment of fatigue from the 81-year-old president during a meeting intended to reassure more than two dozen of his most important supporters that he is still in command of his job and capable of mounting a robust campaign against former President Donald J. Trump.
But Mr. Biden told the governors, some of whom were at the White House while others participated virtually, that he was staying in the race.
He described his extensive foreign travel in the weeks before the debate, something that the White House and his allies have in recent days cited as the reason for his halting performance during the debate. Initially, Mr. Biden’s campaign blamed a cold, putting out word about midway through the debate amid a series of social media posts questioning why Mr. Biden was struggling.
Mr. Biden said that he told his staff he needed to get more sleep, multiple people familiar with what took place in the meeting said. He repeatedly referenced pushing too hard and not listening to his team about his schedule, and said he needed to work fewer hours and avoid events scheduled after 8 p.m., according to one of the people familiar with what took place at the meeting.
After Gov. Josh Green of Hawaii, a physician, asked Mr. Biden questions about the status of his health, Mr. Biden replied that his health was fine. “It’s just my brain,” he added, according to three people familiar with what took place — a remark that some in the room took as a joke, including Gov. Kathy Hochul of New York, according to a person close to her. But at least one governor did not, and was puzzled by it.
Jen O’Malley Dillon, Mr. Biden’s campaign chair, who attended the meeting, said in a statement that he had said, “All kidding aside,” a recollection confirmed by another person briefed on the meeting. Ms. O’Malley Dillon added: “He was clearly making a joke.”
So, I fully admit to being depressed and worried. I know that BB stopped her NYT subscription. I hope John Buss doesn’t mind. I shared this bit he posted to his FaceBook about canceling his. I seriously worry about him in North Carolina, too. None of us in the old Confederate States are safe right now.
This is from a poll taken in April and reported by the AP on May 1. “Half of US adults mistrust media coverage of 2024 elections, a poll finds. About half of Americans say they are extremely or very concerned that news organizations will report inaccuracies or misinformation during the election. According to a poll, 42% express worry that news outlets will use generative artificial intelligence to create stories. (AP Video: Serkan Gurbuz)”
I think it’s likely that if they redid that this month, they’d find a statistically significant increase in the number of people saying that. However, I admit that I live in the Southern City that promptly surrendered when Captain David Farragut of the Union Navy bombed two forts and arrived at the port. We are a haven for the GLBT community. We also have a strong Jewish presence and are well known for being a place of refuge for many diasporas. Our new governor hates us and wants to take away our city charter, which is the legal means by which we don’t become the rest of the state. You have to wonder how many cities like ours will come under direct attack if MAGA either gets its way or doesn’t.
The only way out of this is to VOTE and get everyone you know to VOTE because our lives depend on it.
I really hope you got to enjoy a little celebration on Independence Day. I’m still on board with ensuring liberty and justice for all. I am also standing by the Biden/Harris ticket. Again, you realize that I have had a lot of gripes in the past about Biden and what happened to Anita Hill. It is somewhat karmic that what is going on now is somewhat built in by the bad decision he, Teddy Kennedy, and John Kerry made about Clarence Thomas. Forty-eight percent of the Senate was against his confirmation. He should’ve been Borked. That, unfortunately, is toxic water under the bridge of democracy, but we have what we have now, and it is what it is. Remember the words of Benjamin Franklin and fight for it. The Roberts Supreme Court just took down the republic.
“A republic, if you can keep it.”
–Benjamin Franklin’s response to Elizabeth Willing Powel’s question: “Well, Doctor, what have we got, a republic or a monarchy?”
What’s on your reading and blogging list today?
I’m sentimental, if you know what I mean I love the country but I can’t stand the scene And I’m neither left or right I’m just staying home tonight Getting lost in that hopeless little screen But I’m stubborn as those garbage bags That time cannot decay I’m junk but I’m still holding up This little wild bouquet Democracy is coming to the U.S.A
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Today, the press and cable TV are mostly focused on tomorrow’s debate and how Biden can deal with Trump’s insanity and incoherence. I don’t find the discussions about this very interesting. I think Biden knows how to bait Trump, and no one really knows what crazy nonsense Trump will unleash. I hope Biden will mock Trump’s fear of sharks and electric boats; his claims that there’s not enough water in shower heads and dishwashers; and his claim that he got his vast knowledge about “nuclear” by osmosis from his uncle the MIT professor. Trump has absolutely no interest or knowledge about policy and Biden can demonstrate that too.
It is concerning that Trump is claiming Biden will be “jacked up” on drugs, because low information voters appear to be incredibly stupid and will likely believe it. Of course, Trump is the one who could be using drugs as a crutch.
Allies of Donald Trump have painted themselves into a cognitive corner. President Biden is unfit for office, they argue, because he is so old, and his mental abilities have deteriorated markedly. But then Biden will, say, deliver a State of the Union address in which he is energetic and pointed for more than an hour.
So they modify their claim: Biden is addled and wandering, except when he is given some sort of medication, perhaps a stimulant, that reverses that effect. And here we are, with Trump and those seeking his reelection to the White House demanding that Biden submit to some sort of drug test before this week’s first presidential debate, purportedly in effort to sniff out this theoretical drug.
Experts who spoke with The Washington Post, though, confirm that no such medicine exists.
At the outset, we should recognize that this claim is generally not offered seriously. It is, instead, an effort to escape the aforementioned contradiction, a way to hold both that Biden is incapable of serving as president and yet, unquestionably at times, not demonstrating any such impairment. What’s more, the demand that Biden undergo a drug test is itself not serious. It is, instead, meant to create a condition that allows Trump and his allies to continue to claim that any strong performance from Biden is a function of medication. The result is win-win for Trump, who can blame any loss on this wonder drug.
The wackos at Fox “News” are busy speculating about what drugs Biden could be using.
Host Maria Bartiromo — no stranger to conspiratorial argumentation — hosted Rep. Eric Burlison (R-Mo.) where she offered an observation made by Rep. Ronny Jackson (R-Tex.).
“Jackson says Biden will have been at Camp David for a full week before the debate,” Bartiromo said, “and that they’re probably experimenting with getting doses right. Giving him medicine ahead of the debate.”
Burlison agreed that this was possible, though he offered that it might be more innocuous than medication. Perhaps, he said, Biden’s team is “jack[ing] him up on Mountain Dew.”
“Nothing like that exists,” Thomas Wisniewski, director of the NYU Langone Alzheimer’s Disease Research Center, told The Washington Post by phone. “There are no medications or stimulants that can reverse a dementing process transiently.”
but quite often that can just exacerbate their confusion, as well,” he added. “They can be more stimulated, but they are not going to be behaving in a more cogent or normal fashion as a result of being stimulated by anything. Very often it’s the reverse.”
Adam Brickman, associate professor of neuropsychology at Columbia University Irving Medical Center, concurred with that assessment.
“I’m not aware of any medications that would reverse or mask cognitive decline,” Brickman said. What’s more, he noted that “the association between energy and cognition is a very weak one. In other words, someone could have low energy but totally intact cognition and vice versa.”
Of course the goal of these drug claims is to prepare the idiots who support Trump for the likelihood that Biden will wipe the floor with Trump during tomorrow’s debate.
Donald Trump has been thinking a lot about cocaine lately, even though drug-running is one of the few felony charges he’s not been indicted or convicted for. He has been routinely accusing President Joe Biden of using drugs, with the usual vivid details Trump injects into all his weird fantasies. “So a little before debate time, he gets a shot in the a—,” Trump told rallygoers in Philadelphia Saturday. “I say he’ll come out all jacked up,” he added, before going off on a diatribe accusing Biden of being the owner of a bag of cocaine found in a White House visitors’ closet last year.
La Lecture, 1877, by Henri Fanton-Latour
Since there’s no flight of Trump’s fancy too bizarre for right-wing media, this obsession of Trump’s is getting echoed by Republican politicians and MAGA talking heads. Fox News hosts, Republican politicians, MAGA media influencers, and every right-wing troll on Twitter have been playing their part as well-trained parrots, repeating the lie. The National Republican Congressional Committee (NRCC) is even putting the lie in paid advertising.
What’s telling about this lie is, as with many MAGA falsehoods, it seems few, if any, of the people repeating it actually believe it. Trump and his allies have accused Biden not just of being a little tired at times, but of having dementia. As Mona Charen pointed out on the “Daily Blast” podcast, if Adderall could restore a demented person’s brain, they’d be mass distributing it to the millions of people who are suffering from this disease. As for the cocaine accusation, even the most naive person in the country knows cocaine makes people less coherent, not sharper. It causes people to ramble on about nonsense, which is closer to describing your average Trump speech, not anything Biden has been up to.
Trump isn’t trying to convince anyone of this lie. He’s convincing them that, by repeating the obvious lie, they can share in what they believe is his mastery over reality itself. The lie is not a thing the MAGA person sincerely believes. It’s a weapon Trump has provided them. When he loses the debate, which they clearly expect he will, the lie gives them a way to participate in the post-debate spin. But it’s also the stupidity of the lie that makes it so fun. Saying something deliberately dumb is a reliable way to drive the liberals mad. Angering liberals is the emotional core of the MAGA base….
As I’ve written about before, this strategy is the oldest technique in the con artist’s book. The best way for a grifter to gain a mark’s trust is to make him feel like he’s in on the con. Cult leaders operate the same way, by creating this sense of intimacy with their victims. Once the mark feels he’s part of the conspiracy, it’s that much easier to victimize him. The mark feels like the predator and not the prey, and so he lets his guard down around the actual villain picking his pocket. Trump does this to his followers over and over again, and they always fall for it. Even the Capitol insurrection is a good example. Trump convinced the rioters that they were his partners in the attempted coup. In reality, they were his patsies, set up to take the fall while he hid away in the White House.
With Trump and Biden now near even in the latest polls, and many Americans unenthused — and still undecided — about voting for either of them, Thursday’s debate offers both candidates an opportunity. But it’s not without risks.
It’s likely to be a memorable night if 2020 is any indication. Here’s a look at what happened last time Trump and Biden took the stage together….
Albert Edelfelt, Portrait of the artist’s sister Bertha Edelfelt, 1881
The first round, in September 2020, was by many accounts a disaster. NPR’s Domenico Montanaro called it “maybe the worst presidential debate in American history.”
Trump arrived on the debate stage trailing in the polls and, apparently, jonesing for drama. He interrupted Biden constantly, peppering him with questions and personal slights despite moderator Chris Wallace’s pleas for order.
At one point, while Biden was talking about his late son Beau’s military service, Trump jumped in to attack his other son, Hunter, for his drug use (which Biden managed to seize as a sympathetic moment).
Biden tried in vain to ignore Trump talking over him throughout — but called the then-president a “clown” more than once. At one point he had clearly had enough.
“Will you shut up, man?” he said exasperatedly, as Trump continued accusing him of wanting to pack the Supreme Court. “This is so unpresidential.”
Trump even bulldozed over Wallace, prompting the then-Fox News anchor to declare, “Mr. President, I am the moderator of this debate and I would like you to let me ask my question and then you can answer.”
A bit more on the first “debate”:
Still, a few substantive moments stood out amidst the chaos and crosstalk.
One was when Wallace asked if Trump was willing to condemn white supremacists and tell them to “stand down.”
Trump blamed the “left-wing” instead, but said he was prepared to do so. At that point, both Wallace and Biden urged him to go ahead. Trump asked for a name, and Biden suggested the Proud Boys.
“Proud Boys, stand back and stand by,” Trump said, in what sounded more like a call to action, and quickly became part of the far-right extremist group’s new social media logo.
Trump also repeatedly made baseless claims about the upcoming election being rigged, saying “This is going to be fraud like you’ve never heard.”
When Wallace asked if he would urge his supporters to stay calm during a potentially prolonged period of counting ballots, Trump demurred. He said instead that he was “urging my supporters to go into the polls and watch very carefully.”
“If it’s a fair election, I am 100% on board,” he said. “But if I see tens of thousands of ballots being manipulated, I can’t go along with that.”
Read the rest at NPR.
The Supreme Court is still releasing decisions. Once again, they have held back the one on Trump’s claim of “presidential immunity.” They announced two decisions today.
The US supreme court has struck down a lower court ruling in the case of Murthy v Missouri, finding that the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. The court’s decision permits the government to call on tech companies to remove falsehoods and establishes boundaries around free speech online.
The court ruled 6-3 that the plaintiffs had no standing to bring the case against the Biden administration, with conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting.
The ruling is a blow to a longstanding Republican-backed effort to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives through demands to take down misinformation about the pandemic.
The US Supreme Court again pared back a public corruption law, this time saying that state and local officials who accept “gratuities” aren’t covered by a federal bribery statute.
The 6-3 ruling by Justice Brett Kavanaugh on Wednesday was the latest in a string of cases cutting the reach of federal corruption laws and prosecutorial discretion to bring charges against government officials.
Woman reading in garden. Ignacio Díaz Olano
In the latest case, Snyder v. United States, the justices said a law which makes it a crime for certain state or local officials to “corruptly” accept anything of value over $5,000 doesn’t reach gratuities paid in recognition of past actions.
The ruling undoes the conviction of former Portage, Indiana, Mayor James Snyder for receiving $13,000 from a trucking company after it was awarded city contracts.
A contrary ruling had the potential to criminalize “commonplace gratuities” like a Dunkin’ Donuts gift card, Chipotle dinner, or tickets to a Hoosiers game, the court said.
The ruling split the justices along ideological lines. Writing for the liberal justices in dissent, Justice Ketanji Brown Jackson said “Snyder’s absurd and atextual reading of the statute is one only today’s Court could love.”
The justices’ concern over prosecutorial overreach could have implications for a number of criminal cases over the Jan. 6 Capitol riot. The justices in Fischer v. United States are considering whether federal prosecutors went too far in charging some defendants with an Enron-era statute prohibiting obstruction of an official proceeding.
Judge Aileen Cannon held another hearing yesterday in her efforts to waste as much time as possible and prevent the stolen documents case from going to trial. Here’s some of what happened:
Nearly two years after the FBI’s search of Mar-a-Lago, former President Donald Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Trump’s attorney, Emil Bove, argued that the search warrant was not detailed enough to survive Fourth Amendment scrutiny.
U.S. District Judge Aileen Cannon pointedly disagreed: “It seems like it is, based on the caselaw that’s been submitted,” she said, minutes before court adjourned.
Though Cannon did not immediately issue a ruling, Trump’s challenge hinges on the “particularity” of the warrant, and her remarks throughout the proceedings left little doubt as to her leanings.
“It’s clearly delineated there to search for documents with classification markings,” she remarked toward the start of the hearing.
In the stolen documents case in Florida, Trump called the special counsel’s motion to stop him from spreading vicious lies about the FBI agents who searched Mar-a-Lago a “naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution.” [….]
In Florida, Special Counsel Jack Smith moved to bar Trump from accusing the FBI agents who executed the search warrant at Mar-a-Lago of trying to assassinate him.
The backstory is that on May 21, Trump claimed to have been “shown Reports” that President Biden “AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE” back in August 2022 when it raided the private club where he was storing stolen government documents.
Sleeping Woman with a Book, by Ferdinand Max Bredt
In fact, the “Report” was boilerplate language from the FBI’s operations order for the warrant, attached as an exhibit to his own motion to suppress the evidence kicked up on that raid. The FBI took great care to execute the warrant at a time when the club was shuttered for the season and there was no prospect that the former president and his family would be there. Nevertheless, Trump and his MAGA henchmen spent several news cycles claiming that President Biden had sent in agents “locked and loaded” ready to shoot him.
Those agents will necessarily be witnesses at the trial (should it ever happen), and yet Trump is falsely accusing them of attempted murder. Two of them were already publicly outed back in 2022 when someone gave the unredacted warrant to Breitbart and a former Trump aide, both of whom published it with the agents’ signatures visible.
After the agents were doxxed, they and their families were threatened and harassed, which influenced Magistrate Judge Bruce Reinhart’s decision to keep under seal parts of the affidavit in support of the warrant.
“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated,” he wrote.
Judge Cannon doesn’t seem to think this is a big deal.
Trump insists that his lies about the FBI are “core political speech” protected by the First Amendment. He also deliberately distorts the “heckler’s veto,” as he has done many times before, claiming that he cannot be silenced to prevent foreseeable, violent acts by his supporters. But as the DC Circuit wrote in its order upholding the gag order in the election interference case, “That doctrine prohibits restraining speech on the grounds that it ‘might offend a hostile mob’ hearing the message.” [….]
The DC Circuit judges noted that the trial judge need not find that the defendant’s statements had led to violent attacks in this case, they could infer the danger from attacks on everyone from Atlanta poll workers, to grand jurors in Fulton County, to the jury foreperson doxxed in the Roger Stone case. Applying the standard set out by the Supreme Court in Gentile v. State Bar of Nevada, the judges blessed the gag order based on a finding that Trump’s attacks on witnesses, jurors, and court staff posed a “substantial likelihood of materially prejudicing” the proceedings.
But that may not matter to Judge Aileen Cannon, who showed marked hostility to this (and every other) prosecutorial motion at a hearing Monday in Fort Pierce, where she waved away the ample record of Trump endangering witnesses and law enforcement, as well as an exhibit showing threats to FBI agents by a man who was killed in an attempted attack on an FBI building in Cincinnati just days after the warrant on Mar-a-Lago was executed.
“There still needs to be a factual connection between A and B,” the judge said, rebuffing Assistant US Attorney David Harbach’s efforts to make the government’s case.
“Mr. Harbach, I don’t appreciate your tone,” she fumed in response to the complaint that she wasn’t letting the government articulate its position, according to Just Security’s Adam Klasfeld, who was in the courtroom. “I expect decorum in this courtroom at all times. If you cannot do that, I’m sure one of your colleagues can take up this motion.” [….]
It seems highly unlikely that Cannon will do anything to curb Trump’s speech, until someone else gets hurt — and, if and when that happens, she will blame the government for failing to properly argue in favor of the gag order.
On Monday night, following Trump’s latest disingenuous contention—that the FBI agents who seized and reviewed the contents of boxes upon boxes of sensitive materials stored at Mar-a-Lago “failed to maintain” the exact order of the documents within, which Trump now claims could somehow exonerate him—government lawyers filed a scathing response letting the air out of Trump’s contentions.
Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).
Far from a neatly ordered system under which Trump, a notorious pack rat, maintained a precise inventory of important documents, Special Prosecutor Jack Smith, along with prosecutors Jay Bratt and David Harbach, noted the “cluttered collection of keepsakes,” which “traveled from one readily accessible location to another” around the Palm Beach, Florida club.
“[T]his is not a case where reams of identically-sized documents were stacked neatly in file folders or redwelds, arrayed perfectly within a box,” the filing states. “To anyone other than Trump, the boxes had no apparent organization whatsoever.”
Trump kept highly guarded secrets in boxes with “personally chosen keepsakes of various sizes and shapes from his presidency—newspapers, thank you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others,” the government’s filing goes on.
“After they landed in stacks in the storage room, several boxes fell and splayed their contents on the floor; and boxes were moved to Trump’s residence on more than one occasion so he could review and pick through them,” the filing continues. “Against this backdrop of the haphazard manner in which Trump chose to maintain his boxes, he now claims that the precise order of the items within the boxes when they left the White House was critical to his defense, and, what’s more, that FBI agents executing the search warrant in August 2022 should have known that.”
Smith, Bratt, and Harbach included a slew of exhibits to back up their position, with numerous previously unseen pictures of Trump’s decidedly chaotic storage methods. One shows assorted wadded-up golf shirts side-by-side with a folder marked “CONFIDENTIAL.” Another shows extremely sensitive defense-related documents carelessly stacked up on the floor beside cases of Diet Coke, a Hermes tie box, and a “Save America” cap, several toppled boxes with papers, binders, and folders spilling out, and a box containing a Christmas pillow and a random length of bubble wrap, beneath which, as national security analyst and writer Marcy Wheeler pointed out, at least one document prosecutors say was related to America’s nuclear weapons program.
In one exhibit, Smith & Co. provide a new photo of a storage closet at Mar-a-Lago where the contents of at least five upturned bankers boxes can be seen spilling out onto the floor. Several suit jackets in plastic dry cleaning bags hang from a rack above them, a Gibson guitar case leans against the wall, and what appears to be a piece of rococo plaster molding teeters atop a cardboard box nearby. According to the indictment, one of the boxes seen here contained a 2019 document marked “SECRET//REL TO USA, FVEY,” which denotes the Five Eyes intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the U.S.
Read more and see photos at the Daily Beast link.
This post is getting really long, so I’m going going to end there. I’ll add a few more links in the comment thread. Have a great day, everyone!!
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Fartman arrives at the Manhattan Courthouse for another week of heroics battling the Deep State. John Buss, @repeat1968
Good Day, Sky Dancers!
What a rainy Monday this has become! At least April is consistent, and we’re getting plenty of spring flowers here! I hear the frogs and green anoles chirp. Frogs are wonderful! They can also whistle, croak, ribbit, peep, cluck, bark, and grunt. He has today off, but we will undoubtedly hear more weird sounds from Donald as he is once more confined to a cold courtroom with its hard chairs and people ruining his branding once again!
This is from Public Notice. The analysis is provided by Lisa Needham. “Trump’s criminal trial is off to a bad start for him. He’s low energy both inside and outside the courtroom.” The Correspondent’s Dinner didn’t help his mood any either. We’ll get to that. I promise.
Thanks to New York’s relatively strict laws regarding media access to courtrooms, Trump’s trial has what is, for Trump, the precisely wrong level of exposure. New York doesn’t allow cameras or live audio, and it’s only because of the extraordinary nature of the proceedings that the court administration decided to make daily transcripts of the trial available for free on the court’s official website. Transcripts can run to thousands of dollars for a single day and are not usually turned around within 24 hours.
So, with the proceedings not entirely behind closed doors, Trump can’t outright lie about what transpired. But the lack of cameras and real-time coverage also means Trump can’t turn things into a circus by engaging in ridiculous behavior to distract media attention from the trial’s substance. When you combine this with the fact that the judge, not Trump, is wholly in control of the order of proceedings each day, this has to be one of the most maddening and humiliating experiences imaginable for him.
Trump can slake his thirst for attention and deploy his clumsy attempts to derail the narrative only a few times per day, when he is swarmed by media entering or exiting the courtroom. On those occasions, he goes on brief, highly repetitive rants that generate nothing but negative headlines for him.
Perhaps worst of all for Trump, even his most die-hard supporters don’t seem all that interested in trekking to Lower Manhattan. Trump is self-soothing over this, spinning an easily disprovable yarn that the courthouse is an “armed camp to keep people away” and that officials are turning around thousands of his supporters. Instead, CNN journalists attending the trial have said there have been days where the teeming number of MAGA faithful can be measured in single digits.
In all, after only two weeks Donald Trump has, in short order, basically been reduced to being a mere mortal while in Judge Merchan’s courtroom. This reality is the opposite of the titan or God king messiah he presents himself as to his MAGA followers and the public more generally.
In an attempt to make better sense of the second week of Donald Trump’s hush-money trial, its implications for the 2024 Election and the larger democracy crisis, and what may happen next, I recently spoke with a range of experts.
I want to highlight this one. There are more at the link.
Dr. John Gartner is a prominent psychologist and contributor to the bestselling book “The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President.”
Trump’s trial in Manhattan is providing more evidence of his apparent cognitive decline. Trump fell asleep 4 out of 6 days of his own trial. Falling asleep is not in and of itself particularly specific to dementia. I fall asleep at dinner parties, because I’m old and work too hard. Bill Clinton was famous for it. But can you remember a criminal defendant repeatedly unable to stay awake at his own trial? I can’t. It’s obviously very rare. Most people are pumped full of adrenaline when they’re in the dock. Some have argued Trump’s just tired, or perhaps deprived of his stimulants. But lots of defendants are tired, and either on drugs, or missing their drugs, while in court, but they don’t repeatedly pass out at their own trials.
However, dementia patients frequently pass out during the day. And come to think of it, this may be the first criminal trial I’ve been aware of where the defendant appears, in my opinion, to have dementia. Is it a coincidence that it’s also the only one I’ve ever known where the defendant can’t remain awake most days? Trump appears to be losing control of his basic biological functions. One is sleep-wake. The other may be excretion. Twitter blew up when both Ben Meiselas and George Conway reported they had heard from multiple credible sources in the courtroom that Trump was loudly passing gas, and the smell was overpowering. This was judged by Snopes to be unconfirmed. But, personally, I happen to trust the people who reported it. I don’t believe they would make that up. There have been unconfirmed reports of Trump using adult diapers.
Normally, this would be a personal matter, but America really needs to know if Trump is incontinent. His apparent disease is progressing rapidly before our eyes and yet we’re being gaslit that this is “Trump being Trump.” That’s true, but it is also Trump appears to be dementing, and the mainstream media doesn’t seem to want to report on that story.
The trial is really a form of psychological torture for a malignant narcissist who needs to appear powerful. Instead, he appears small, confused, and helpless. Jenifer Rubin wrote in her Washington Post column: “Trump day by day has become smaller, more decrepit, and frankly, somewhat pathetic.” Thankfully, the Biden campaign is amplifying this winning message. Biden-Harris HQ, who describe themselves as “the official rapid response of the Biden-Harris campaign” on X/Twitter, wrote: “A feeble and tired Donald Trump once again falls asleep in court.” To fight back Trump must act out. He is defying Merchan’s gag order repeatedly, flagrantly and at a manic pace with no thought of the consequences—in lobby of the courthouse on a lunch break, on Newsmax in the evening, and then dozens of times at 3 AM on Truth Social.
Judge Juan Merchan will be unable to escape a show-down with Trump who will compulsively push him to the limit, and beyond, forcing an inevitable confrontation. Only one will emerge as dominant, and my money is on the judge, but that’s not a foregone conclusion. If Donald Trump is jailed, he’ll wear his incarceration like a martyr, like he’s Nelson Mandela or Alexei Navalny. While Fox News and his base will stoke right-wing outrage, I think sane people still like presidents who don’t get jailed.
There’s still much tea-reading on Donald’s case before the Supreme Court. This is from Business Insider. “A 15-year-old law review by Brett Kavanaugh offers a clue at how the Supreme Court Justice could rule in Trump’s immunity case.” The analysis by Katherine Tangalakis-Lippert.
But one clue, hidden in a 2009 legal review written by Trump-appointed Justice Brett Kavanaugh, could indicate how the conservative judge may decide in this case. And as Kavanaugh is relatively moderate compared to the court’s other right-leaning justices, his 15-year-old analysis may offer insight into how the other Republican-appointed justices are looking at the matter before them.
In his article, published in the Minnesota Law Review in 2009, when he was working as a US Circuit Judge,Kavanaugh argues that the public grossly underestimates the difficulty of the President’s job and that anyone elected to hold the office should “be able to focus on his never-ending tasks with as few distractions as possible.”
“The point is not to put the President above the law or to eliminate checks on the President, but simply to defer litigation and investigations until the President is out of office,” Kavanaugh wrote, arguing in favor of deferring criminal and civil prosecutions against sitting presidents accused of wrongdoing to ensure they can efficiently carry out the responsibilities of office.
One might contend that the country needs a check against a bad-behaving or law-breaking president, Kavanaugh acknowledges, but “the Constitution already provides that check.”
“If the President does something dastardly, the impeachment process is available. No single prosecutor, judge, or jury should be able to accomplish what the Constitution assigns to the Congress,” Kavanaugh wrote.”Moreover, an impeached and removed President is still subject to criminal prosecution afterwards.”
We hear this from retired Judge Lusttig speaking on MSNBC. “Judge Luttig blasts SCOTUS for avoiding ‘key question’ at the heart of Trump immunity case.” This interview is with Ali Velshi. You may watch the interview at the link.
Former federal Judge J. Michael Luttig joins Ali Velshi to discuss his takeaways from this week’s Supreme Court oral arguments on former President Donald Trump’s presidential immunity claim, which many believe will lead to more delays in Trump’s federal criminal cases, and potentially impact the future of the presidency itself. “That this absurd argument is even being made before the Supreme Court is an embarrassment to the Constitution and to our country,” Judge Luttig says. Judge Luttig also criticizes the Supreme Court for avoiding the “straightforward, key question” about the case itself, and explains what decision he believes the justices are most likely to make.
We need to ensure discussions on the Supreme Court’s arguments for this case and the abortion case in Idaho do not go into the darkness with time. This group likes to drag their feet along with their knuckles.
Senator Fetterman changed his attire just a bit but glitzy isn’t his thing.
The Correspondent’s Dinner really got to the Donald, who was likely flinging ketchup and farting poo while watching. This, however, was Biden’s night. This is from The Hill, as reported by Cate Martel. “12:30 Report — Glitzy Correspondent’s Dinner highlights. Nerd prom weekend!”
“Saturday Night Live” (“SNL”) comedian Colin Jost hosted the White House Correspondents’ Association Dinner over the weekend.
Meanwhile, here are a few clips out there on the X site. There were several moments of protest also. Protestors unfurled a Palestinian flag out of the window of the Washington Hilton. That was the location of the event.
Joe Biden had some great jokes and delivery. Example: ““My wife Jill was worried how I’d do. I told her, ‘Don’t worry, it’s just like riding a bike.’ She said, ‘that’s what I’m worried about.’” Talk about the ability to laugh at yourself.
My favorite joke by Josh was this one. “”Can we just acknowledge how refreshing it is to see a President of the United States at an event that doesn’t begin with a bailiff saying, ‘All rise?'”
Guess who is still rage watching reruns of the Colin Jost & Biden hosted WHCD White House Correspondents Dinner, fuming, pulling up diapers & chest high pants, throwing ketchup, slamming hamberders, swigging Diet Cokes… with grandpa Trump?
BREAKING: Colin Jost tells President Biden at the White House Correspondents Dinner how his late grandfather voted for Biden because he was a decent man. Retweet so all Americans see this heartwarming moment. pic.twitter.com/UcA1Sq4hRF
President Biden’s message to the press: The defeated former president has made no secret of his attack on our democracy. He said he wants to be a dictator on day one, promised a ‘bloodbath’ when he loses again, and so much more. Eight years ago, you could have written it off as… pic.twitter.com/hcqoYa5ARM
Yesterday was the second day of Trump’s Manhattan trial for a plot to interfere with the 2016 election by covering up payoffs to extramarital sexual partners and planting fake stories in the National Enquirer.
It was also the second day of testimony by David Pecker, former CEO of American Media, which owned the Enquirer and many other publications. Pecker, Trump, and his lawyer/fixer Michael Cohen orchestrated the fake news operation.
Before the trial resumed, Judge Juan Merchan held a hearing about whether Trump had already violated the terms of his gag order.
Donald Trump’s 2016 presidential campaign was repeatedly aided by the National Enquirer, which squelched potentially damaging stories about him and pumped out articles pummeling his rivals, the former boss of the supermarket tabloid testified Tuesday during the ex-president’s trial on charges of falsifying business records.
Trump, the first former U.S. president to face a criminal trial, spent his day in the Manhattan courtroom fighting two pitched battles — one against the testimony of former tabloid executive David Pecker, his longtime friend, and another against the increasingly likely prospect that he will be punished by the trial judge for allegedly violating a gag order.
On both fronts, prosecutors seemed to inflict significant damage. At one point, New York Supreme Court Justice Juan Merchan warned Trump lawyer Todd Blanche that he was “losing all credibility.” At another, Trump grimaced and shook his head as Pecker described how he helped kill an allegation — ultimately found to be false — that Trump had a child with a maid at his building.
The busy court day was punctuated by prosecutors detailing the full factual and legal foundation of their case against Trump, one built around a misdemeanor state charge of trying to illegally influence an election.
Pecker, the former CEO of American Media Inc., the company that once ran the Enquirer and other celebrity gossip publications, said he met with Trump and Trump’s then-lawyer Michael Cohen in 2015 to discuss how the tabloid, which had a long relationship with the real estate mogul and reality TV star, could help Trump’s bid for president.
“I said what I would do is I would run or publish positive stories about Mr. Trump, and I would publish negative stories about his opponents,” Pecker testified.
That wasn’t all he pledged to do.
Pecker said he told Trump: “I would be your eyes and ears. … If I hear anything negative about yourself, or if I hear anything about women selling stories, I would notify Michael Cohen as I did over the last several years.”
The deal Pecker described was a mutual back-scratching arrangement in which Cohen would feed stories to the tabloid about Republican rivals like Ted Cruz, and the paper would publish glowing stories about Trump. Pecker said he had a “great relationship” with Trump dating to the late 1980s, but that didn’t seem to be his primary motivation. Stories about the brash celebrity businessman helped sell copies of the tabloid.
David Pecker, the former publisher of the National Enquirer, testified at Donald Trump’s trial Tuesday that the tabloid completely manufactured a negative story in 2016 about the father of Sen. Ted Cruz, of Texas, who was then Trump’s rival for the GOP presidential nomination.
By Anna Billing
The paper had published a photo allegedly showing Cruz’s father, Rafael Cruz, with Lee Harvey Oswald handing out pro-Fidel Castro pamphlets in New Orleans in 1963, not long before Oswald assassinated President John F. Kennedy.
“I mean, what was he doing — what was he doing with Lee Harvey Oswald shortly before the death? Before the shooting?” Trump said in an interview with Fox News in May 2016. “It’s horrible.”
Manhattan prosecutor Joshua Steinglass asked Pecker about the story’s origins during the trial Tuesday in Manhattan. Pecker said that then-National Enquirer editor-in-chief Dylan Howard and the tabloid’s research department got involved, and Pecker indicated that they faked the photo that was the foundation for the story.
“We mashed the photos and the different picture with Lee Harvey Oswald. And mashed the two together. And that’s how that story was prepared — created I would say,” Pecker said on the witness stand.
Asked by Steinglass whether Cruz had gained popularity in the presidential race at the time, Pecker said, “I believe so.”
The revelation came up as the prosecution focused on negative articles that were published by the tabloid about Trump’s Republican opponents at the time. Pecker explained that it was Michael Cohen, Trump’s personal lawyer, who would orchestrate the planting of these stories.
Pecker said Cohen would call and say they’d like his publication to run an article on a certain candidate, adding that Cohen would then send him a piece about Cruz, for example, and the National Enquirer “would embellish it from there.”
The Enquirer also ran negative stories about other Trump opponents in the 2016 Republican primaries and about Hillary Clinton.
Judge Merchan hasn’t yet made a decision on whether Trump violated his gag order, but his decision could be released today.
Donald Trump’s alleged violations of a gag order restricting him from attacking witnesses, jurors, prosecutors, and court staff during his ongoing criminal hush money trial got their own day in court on Tuesday.
During a tense hearing, Judge Juan Merchan heard arguments from Manhattan prosecutors requesting that Trump be sanctioned for “willful” violations of the gag order — and sparred with Trump’s attorneys over claims of ignorance by the president. No decision was handed down Tuesday, but prosecutors have requested that Trump be fined $1,000 for each violation, and reminded that future violations of the order “can be punished not only with additional fines but also with a term of incarceration of up to 30 days.” [….]
Trump’s attorneys argued that, as a political candidate, the former president needed the freedom to respond to attacks by his critics. Merchan grilled this defense, pressing Trump’s team to back up their argument that witnesses in the case had directly attacked Trump. “I keep asking you over and over again for a specific answer, and I’m not getting an answer,” Merchan said to Trump attorney Todd Blanche.
Merchan also threw out the defense’s argument that Trump’s reposts on Truth Social did not constitute violations of the gag order, as the former president had several people helping run his account. “Your client can wash your hands of it,” Merchan said of reposts, telling Blanche that content doesn’t just “magically” appear on Trump’s account. “It’s not passive […] someone had to do something.”
Blanche at one point insisted to Merchan that Trump was aware of the gag order and trying to comply with it. Merchan wasn’t having it. “You’re losing all credibility,” Merchan responded. “I have to tell you right now, you’re losing all credibility with the court.”
Edvard Munch, Man in the Cabbage Field
It’s highly unlikely that the judge will decide to incarcerate Trump for gag order violations, but the Secret Service prepared, just in case.
The U.S. Secret Service held meetings and started planning for what to do if former President Donald Trump were to be held in contempt in his criminal hush money trial and Judge Juan Merchan opted to send him to short-term confinement, officials familiar with the situation told ABC News.
Merchan on Tuesday reserved decision on the matter after a contentious hearing. Prosecutors said at this point they are seeking a fine.
“We are not yet seeking an incarceratory penalty,” assistant district attorney Chris Conroy said, “But the defendant seems to be angling for that.”
Officials do not necessarily believe Merchan would put Trump in a holding cell in the courthouse but they are planning for contingencies, the officials said.
There have not been discussions yet about what to do if Trump is convicted and sentenced to prison….
“Under federal law, the United States Secret Service must provide protection for current government leaders, former Presidents and First Ladies, visiting heads of state and other individuals designated by the President of the United States,” the agency said in a statement. “For all settings around the world, we study locations and develop comprehensive and layered protective models that incorporate state of the art technology, protective intelligence and advanced security tactics to safeguard our protectees. Beyond that, we do not comment on specific protective operations.”
I doubt if that will ever happen, much as I’d like it to. It’s much more likely Trump would be confined to his home with an ankle bracelet.
Yesterday, Trump claimed that thousands of his supporters who wanted to protest his trial outside the courthouse were turned away by police. That just didn’t happen, and he’s frustrated about it.
Donald Trump can’t decide how he wants his supporters to feel about the scene outside of the Manhattan courtroom where he’s being tried on 34 felony indictments for election interference and business fraud. He repeatedly argues that the city he travels through in a daily motorcade to his trial is a war zone. “Violent criminals that are murdering people, killing people” are free to “do whatever they want,” he’s falsely claimed, blasting District Attorney Alvin Bragg as “lazy on violent crime” because he’s supposedly too focused on prosecuting Trump.
By Gary Kim
It’s all a lie — crime is way down from the pandemic-related spikes — but it’s one Trump repeats ad nauseam. And it’s constantly reinforced by Fox News, which pushes out a series of misleading stories and images meant to scare their elderly suburbanite audiences into believing that going into the nation’s largest city results in instant murder. Nonetheless, Trump keeps pleading with his followers to run through what they’ve been told is a “bloodbath” in order to, you know, persuade Bragg and presiding Judge Juan Merchan to just give up on this whole trial nonsense.
On Monday, Trump begged his followers on Truth Social to “RALLY BEHIND MAGA” at courthouses, unsubtly suggesting that they model themselves after the mostly imaginary leftist rioters who “scream, shout, sit, block traffic, enter buildings, not get permits, and basically do whatever they want.” When the MAGA hats failed to show, Trump tried to inspire them with a post complaining that it’s “SO UNFAIR!!!” that he doesn’t get throngs of people like the kind seen at the antiwar protest a few miles north at Columbia University. Other than a few scattered people with pro-Trump signs, the mob he longed for never showed. So he took his pleas to the cameras outside the courthouse Tuesday morning:
WordPress won’t let me post the video, but you can see it at the Salon link.
What’s especially funny about all this is that Trump can’t quite admit that his people just aren’t showing up, and keeps on blaming the barricades and the cops. His lies got to the level of childish make-believe on Tuesday afternoon, as he falsely claimed on Truth Social that “Thousands of people were turned away from the Courthouse” while denying that he was “disappointed by the crowds.” Of course, by fantasizing about a massive caravan rallied to his defense, he proved he is not satisfied with reality.
As the New York Times reported, “A day after Trump issued a call for more supporters to gather outside the Manhattan Criminal Courthouse, the number reached its nadir. The number of identifiable Trump fans across the street in Collect Pond Park on Tuesday sank to the mid-single digits, after hovering at about a dozen for a week”
How can this childish man actually have a chance to be POTUS again?
About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems would and should lead to long delays in federal courts.
After listening to Monday’s opening statement by prosecutors, I still think the Manhattan D.A. has made a historic mistake. Their vague allegation about “a criminal scheme to corrupt the 2016 presidential election” has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.
To recap: Mr. Trump is accused in the case of falsifying business records. Those are misdemeanor charges. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races.
Both the misdemeanor and felony charges require that the defendant made the false record with “intent to defraud.” A year ago, I wondered how entirely internal business records (the daily ledger, pay stubs and invoices) could be the basis of any fraud if they are not shared with anyone outside the business. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and only federal prosecutors had jurisdiction over that filing.
A recent conversation with Jeffrey Cohen, a friend, Boston College law professor and former prosecutor, made me think that the case could turn out to be more legitimate than I had originally thought. The reason has to do with those allegedly falsified business records: Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. Mr. Trump may have falsely recorded these internal records before the F.E.C. filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the F.E.C.
In short: It’s not the crime; it’s the cover-up.
Looking at the case in this way might address concerns about state jurisdiction. In this scenario, Mr. Trump arguably intended to deceive state investigators, too. State investigators could find these inconsistencies and alert federal agencies. Prosecutors could argue that New York State agencies have an interest in detecting conspiracies to defraud federal entities; they might also have a plausible answer to significant questions about whether New York State has jurisdiction or whether this stretch of a state business filing law is pre-empted by federal law.
Shugerman didn’t address the fake news operation with the Enquirer.
Henry Woods, El velo de la primera comunión (1893)
In other news, the Senate passed the bill with aid to Ukraine, and Biden will sign it today.
President Biden was set to sign a $95.3 billion package of aid to Ukraine, Israel and Taiwan on Wednesday, reaffirming U.S. support for Kyiv in the fight against Russia’s military assault after months of congressional gridlock put the centerpiece of the White House’s foreign policy in jeopardy.
The Senate voted overwhelmingly to approve the package on Tuesday night, a sign of bipartisan support after increasingly divisive politics raised questions on Capitol Hill and among U.S. allies over whether the United States would continue to back Kyiv. The 79-to-18 vote provided Mr. Biden another legislative accomplishment to point to, even in the face of an obstructionist House.
“Congress has passed my legislation to strengthen our national security and send a message to the world about the power of American leadership: We stand resolutely for democracy and freedom, and against tyranny and oppression,” Mr. Biden said on Tuesday evening, just minutes after the Senate vote.
He said he would sign the bill into law and address the American people on Wednesday “so we can begin sending weapons and equipment to Ukraine this week.”
The White House first sent a request for the security package in October, and officials have bluntly acknowledged that the six-month delay put Ukraine at a disadvantage in its fight against Russia.
“The Russians have slowly but successfully taken more ground from the Ukrainians and pushed them back against their first, second and, in some places, their third line of defense,” John F. Kirby, a spokesman for Mr. Biden’s National Security Council, said on Tuesday on Air Force One. “The short answer is: Yes, there absolutely has been damage in the last several months.”
The Senate’s vote on Tuesday to approve new aid for Ukraine capped off six months of public pressure and private overtures by the White House to build support, including the not-insignificant task of winning over House Speaker Mike Johnson.
For months, President Joe Biden and his team pressed the case for additional aid both publicly and privately, leaning into courting Johnson – whose young speakership was under pressure from his right flank – behind the scenes through White House meetings, phone calls and detailed briefings on the battlefield impacts, administration officials said.
Grappling with the leadership dynamics in a House GOP conference increasingly resistant to more aid, Biden directed his team to use every opportunity possible to lay out the consequences of inaction directly to Johnson. That included warnings of what it would mean not just for Ukraine, but also Europe and the US, if Russian President Vladimir Putin were to succeed, administration officials said.
The president specifically urged his team to lean into providing a full intelligence picture of Ukraine’s battlefield situation in their conversations with the speaker and his staff as well as discussing the national security implications for the US, officials said. That push played out over the next six months – starting with a Situation Room briefing one day after Johnson became speaker.
National security adviser Jake Sullivan and Office of Management and Budget Director Shalanda Young briefed the speaker and other key lawmakers on how aid for Ukraine was running out, putting the country’s efforts to fight off Russia in jeopardy. Biden stopped by the meeting and met with Johnson on the side to convey a similar message. Sullivan followed up four days later with a call to Johnson to highlight the measures in place to track aid in Ukraine.
But Johnson quickly made clear aid for Ukraine and Israel would need to be separated – an approach the White House opposed and one that would be tested time and time again in the coming months.
The ordeal ended on Tuesday when the Senate passed the $95 billion foreign aid package, with nearly $61 billion for Ukraine, marking a long-sought foreign policy win for Biden, who has spent the past two years rallying Western support for the war-torn country in its fight against Russia. At the same time, the president has been grappling with his own battle back home to get more aid approved amid resistance from some Republicans. The White House has said he will sign that legislation – which also provides over $26 billion for Israel and humanitarian assistance and more than $8 billion for the Indo-Pacific, including Taiwan – as soon as possible.
Read more details at CNN.
While Trump has been dozing off in court in New York, President Biden has been campaigning, most recently in Florida.
President Joe Biden swooped into Florida Tuesday, hoping to parlay the state’s new restrictive abortion law — as well as a ballot initiative that could undo it — into a campaign issue that could give him the state’s trove of electoral votes come November, effectively locking up his reelection.
“There’s one person responsible for this nightmare, and he acknowledges it and he brags about it: Donald Trump,” Biden told a boisterous crowd in a gym at Hillsborough Community College in Tampa.
He attacked Florida’s six-week abortion ban — approved in the wake of the Supreme Court’s 2022 decision overturning Roe v. Wade and ending a national right to abortion — and reminded voters that it was the coup-attempting former president’s three appointees to the high court that paved the way.
“It was Donald Trump who ripped away the rights and freedom of women in America,” he said. “We’ll teach Donald Trump and extreme MAGA Republicans a valuable lesson: Don’t mess with the women of America.”
Political consultants from both parties, while skeptical that Biden will actually win Florida, agree that forcing Trump on the defensive in a state he cannot afford to lose and which he only won by three percentage points in 2020 is a smart move.
“I don’t think he’d be in Tampa today if they didn’t see it as good place to make a contrast,” said Steve Schale, who ran former President Barack Obama’s successful Florida campaign operation in both 2008 and 2012. “There’s nothing more valuable, particularly for an incumbent, than a candidate’s time.”
David Hockney, NIchols Canyon, Hollywood HIlls
Just one more story–an op-ed by Melissa Murray and Andrew Weissmann in The New York Times on the Supreme Court’s upcoming hearing on Trump’s claim of “presidential immunity.”
The Supreme Court’s decision to hear oral arguments in Donald Trump’s immunity-appeal case on Thursday may appear to advance the rule of law. After all, few, if anyone, thinks that a majority of the court will conclude that a former president is completely immune from federal criminal liability.
But the court’s decision to review the immunity case actually undermines core democratic values.
The Supreme Court often has an institutional interest in cases of presidential power. But the court’s insistence on putting its own stamp on this case — despite the widespread assumption that it will not change the application of immunity to this case and the sluggish pace chosen to hear it — means that it will have needlessly delayed legal accountability for no justifiable reason. Even if the Supreme Court eventually does affirm that no person, not even a president, is above the law and immune from criminal liability, its actions will not amount to a victory for the rule of law and may be corrosive to the democratic values for which the United States should be known.
That is because the court’s delay may have stripped citizens of the criminal justice system’s most effective mechanism for determining disputed facts: a trial before a judge and a jury, where the law and the facts can be weighed and resolved.
It is this forum — and the resolution it provides — that Mr. Trump seeks, at all costs, to avoid. It is not surprising that he loudly proclaims his innocence in the court of public opinion. What is surprising is that the nation’s highest court has interjected itself in a way that facilitates his efforts to avoid a legal reckoning.
Looking at the experience of other countries is instructive. In Brazil, the former president Jair Bolsonaro, after baselessly claiming fraud before an election, was successfully prosecuted in a court and barred from running for office for years. In France, the former president Jacques Chirac was successfully prosecuted for illegal diversion of public funds during his time as mayor of Paris. Likewise, Argentina, Italy, Japan and South Korea have relied on the courts to hold corrupt leaders to account for their misconduct….
Consider India, Bolivia, Hungary and Venezuela, where the erosion of judicial independence of the courts has been accompanied by a rise in all-consuming power for an individual leader.
Within our constitutional system, the U.S. Supreme Court can still act effectively and quickly to preserve the judiciary’s role in a constitutional democracy. If the court is truly concerned about the rule of law and ensuring that these disputed facts are resolved in a trial, it could issue a ruling quickly after the oral argument.
It would then fall to the special counsel Jack Smith and Judge Chutkan to ensure that this case gets to a jury. Obviously, fidelity to due process and careful attention to the rights of the accused are critical. To get to a trial and avoid any further potential delay, Mr. Smith may decide to limit the government’s case to its bare essentials — what is often called the “slim to win” strategy. And Judge Chutkan has already warned Mr. Trump that his pretrial unruly statements with respect to witnesses and others may result in her moving up the start of the trial to protect the judicial process.
Read the rest at the NYT.
That’s it for me today. What do you think? Are there other stories that interest you?
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Trump has argued that his decision to transmit classified documents to his Florida home as he prepared to leave the presidency should be treated as an “official act” and be removed from special counsel Jack Smith’s case against Trump for allegedly hoarding national security secrets at his Mar-a-Lago estate. Now, he says, the Supreme Court’s ruling requires that the case be put on hold until the immunity issue is resolved.
Bannon is in jail right now, serving time for contempt of Congress. 
Also, from TNR is this headline about the black man running for governor on the insanity platform. 
If you want a real shock, go see The Economist Cover Picture today with the heading “No way to Run a Country.” 
So, I fully admit to being depressed and worried. I know that BB stopped her NYT subscription. I hope John Buss doesn’t mind. I shared this bit he posted to his FaceBook about canceling his. I seriously worry about him in North Carolina, too. None of us in the old Confederate States are safe right now.
Needham says, “Trump is itching to get back on the campaign trail.” I’m not sure he has enough energy for the golf course, even with his little cart. Maybe all that anger and outrage will get him off the sofa. Chauncey Devega, writing for Salon, has this take on this day of peace and silence for everyone not on Truth Social. “
There’s still much tea-reading on Donald’s case before the Supreme Court. This is from 
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