Wednesday Reads

Good Morning!!

reading-woman-daydrreaming-by-henri-matisse-1921-henri-matisse

Reading Woman Daydreaming, by Henri Matisse

Those of us who are hanging onto hope that U.S. democracy can still be saved must not only fight Republicans, but also powerful media organizations, especially The New York Times and The Washington Post.

If you follow social media, you’ve undoubtedly seen people mocking New York Times headlines that suggest any good news for Biden is actually negative–along the lines of “The economy is booming–why that’s bad for Biden.”

Despite the fact that news organizations will certainly be persecuted by a second Trump administration, it really appears that at least the wealthy people in charge want another Trump presidency because they believe it will help their bottom line. Working journalists are facing layoffs these days, so perhaps fear of losing their jobs makes them willing to do their bosses’ bidding.

Right now, as Trump faces a historic criminal trial, the Times and Washington Post continue to publish gossipy lightweight stories.

David Kurtz writes in the TPM Morning Memo about a piece in the NYT yesterday on Melania Trump: NYT Is Said To Have Learned Nothing From Its Trump I Coverage.

Yesterday’s NYT apologia for Melania Trump was laugh-out-loud funny, by which I mean so, so bad. Reminiscent of its much-mocked coverage of Javanka during Trump I, the piece had all the usual hallmarks of NYT toadyism.

Let’s start with the passive-voice headline: “Melania Trump Avoids the Courtroom, but Is Said to Share Her Husband’s Anger”

“Said to” is one of the great journalistic sophistries. It does so much apparent work with so little actual effort.

What is this awkward headline construction meant to convey? That despite all her heartache over the Stormy Daniels affair, Melania, too, is outraged (OUTRAGED!) over Manhattan DA Alvin Bragg’s wrongful criminal prosecution of her husband.

How does the NYT know this? So glad you asked!

Melania hasn’t said anything publicly about her supposed outrage. She hasn’t attended legal proceedings with Trump. She hasn’t been by his side at the trial.

But wait! She’s has purportedly spoken “in private” about her feelings.

It’s the classic dipsy-do of the Javanka coverage: Why take any risk of speaking publicly when you can launder it through the NYT. We are never so courageous as we are in our private musings.

But how is the NYT privy to Melania’s private thoughts and comments?

The sourcing: “according to several people familiar with her thinking.” Yes! Bravo! It’s self serving on top of self serving, with two degrees of separation to play it safe.

Why are these “people familiar” granted anonymity? Because they can’t speak publicly “out of fear of jeopardizing a personal relationship with the Trumps.” Perfect! These brave truth-tellers are risking so much – by which I mean, so little – to get their essential truths out into the public sphere.

Here’s the nugget of “reporting” around which the entire article is built:

But Mrs. Trump, the former first lady, shares his view that the trial itself is unfair, according to several people familiar with her thinking.

In private, she has called the proceedings “a disgrace” tantamount to election interference, according to a person with direct knowledge of her comments who could not speak publicly out of fear of jeopardizing a personal relationship with the Trumps.

The rest of the piece is a filament of speculation, pop psychology, knowing winks about cliched relationship tropes, and lazy stereotypes about wives and mothers – all in service of trying to wring a drop of compassion from readers for the private turmoil that comes with being married to DJT.

Read the rest at TPM. But really, who the hell cares what Melania thinks? As the back of her famous jacket read, “I really don’t care, do u?”

Reuss, Albert, 1889-1975; Woman Reading

Albert Reuss 1889-1975, Woman Reading

Another lightweight story from yesterday’s New York Times by style critic Guy Trebay (at least, I guess it’s favorable to Biden): The Biden Guide to Dressing Younger.

Joe Biden is a dapper guy. He always has been. When he turned up decades ago for a first date with the woman who would become his wife and the country’s first lady, her gut reaction was, “This is never going to work, not in a million years.”

Dressed in a sports coat and loafers, Joe Biden was too dapper for someone who had previously gone out with men in T-shirts and clogs.

They worked it out. And the future president stuck to his style. It was one that sometimes skewed Gatsby, for which in 1974 Washingtonian magazine noted his penchant for pinstripe suits and tasseled loafers when citing him as one of the best dressed men in the Senate. It was one that was sometimes too high-toned for its setting. In 1979, Mr. Biden, then a second-term senator, exuded confidence in a “tailored suit and expensive tie” for a campus speech at the University of Alabama, The New Yorker later reported.

It was one that, on occasion, even threatened to upstage the boss. Yes, it must have been flattering to be praised by The Chicago Tribune as the “best-dressed guy” at Bill Clinton’s 2000 State of the Union address. Politically, however, it was not the best look.

Still, dapper cred has stood President Biden in good stead. When Donald J. Trump, now 77, derides his 81-year-old opponent as doddering Uncle Joe, he is missing a point any tailor would be happy to clarify. There is getting old, and there is looking old. To avoid having your clothes add unnecessary years, make style your friend.

“Joe Biden’s style is timeless and doesn’t have any expiration date,” the designer Todd Snyder said recently. If you think that is accidental, you are not paying attention.

Meanwhile, Trump is a dumpy old guy in baggy suits and extra long ties who claims Biden has dementia, an obvious projection.

A campaign story from Clive Wootson, Jr. at The Washington Post: Scranton vs. Mar-a-Lago: Biden turns sharply to populism.

SCRANTON — President Biden’s schedulers did not publicly announce his second stop Tuesday during his visit to his hometown, but it came as little surprise that he’d end up at the gray house with black shutters where he spent the earliest years of his life. He even nodded to the visit in a speech that mixed his biography with his thoughts on tax policy.

Berthe Morisot, 1873

By Berthe Morisot, 1873

“Scranton is a place that climbs in your heart, and it never leaves,” Biden said. “For me it was 2446 North Washington Avenue.”

But the trip was about more than sentiment during the first day of Biden’s three-day swing through this pivotal battleground state. He leaned into populist anger against the rich and worries of a world weighted against the middle class as he sought to draw distinctions between himself and his likely Republican opponent in November, Donald Trump.

“All I knew about people like Trump is that they looked down on us,” Biden told the crowd in his childhood town, contrasting his upbringing with Trump’s frequent visits to his resort in Palm Beach, Fla. “They wouldn’t let us into their homes and their country clubs. When I look at the economy, I look at it through the eyes of Scranton, not through the eyes of Mar-a-Lago.”

Biden will further stress that contrast Wednesday when he travels to Pittsburgh to address the United Steelworkers and unveil a raft of new trade protections for the steel industry. The president will call for a tripling of the 7.5 percent tariff on Chinese steel imports, as well as increased pressure to prevent China from shipping steel to America through Mexican ports….

The actions are just the latest sign of the president’s determination to be seen as a defender of American workers like those in the steel industry, whose employees are spread across states in the industrial Midwest, the so-called “blue wall” that could decide Biden’s political fate in November.

In making the argument, he has leaned into his middle-class upbringing, including the years he spent in Scranton, which he portrays as a scrappy, working-class town. He argues that Trump, on the other hand, is a billionaire who lives in a gilded club in Florida and would bolster other billionaires, the very people who have had an unfair advantage for too long.

Again, I guess at least it’s favorable to Biden.

In the News Today:

A serious piece from Mark Joseph Stern at Slate Magazine: Hundreds of Jan. 6 Prosecutions—Including Donald Trump’s—Are Suddenly in Peril at the Supreme Court.

Will the Supreme Court jeopardize the prosecution of more than 350 defendants involved with Jan. 6, including Donald Trump, by gutting the federal statute that prohibits their unlawful conduct? Maybe so. Tuesday’s oral arguments in Fischer v. United States were rough sledding for the government, as the conservative justices lined up to thwap Joe Biden’s Department of Justice for allegedly overreaching in its pursuit of Jan. 6 convictions. Six members of the court took turns wringing their hands over the application of a criminal obstruction law to the rioters, fretting that they faced overly harsh penalties for participating in the violent attack. Unmentioned but lurking in the background was Trump himself, who can wriggle out of two major charges against him with a favorable decision in this case.

There are, no doubt, too many criminal laws whose vague wording gives prosecutors near-limitless leeway to threaten citizens with decades in prison. But this isn’t one of them. Congress wrote a perfectly legible law and the overwhelming majority of judges have had no trouble applying it. It would be all too telling if the Supreme Court decides to pretend the statute is somehow too sweeping or jumbled to use as a tool of accountability for Jan. 6.

Start with the obstruction law itself, known as Section 1552(c), which Congress enacted to close loopholes that Enron exploited to impede probes into its misconduct. The provision is remarkably straightforward—a far cry from the ambiguous, sloppy, or muddled laws that typically flummox the judiciary. It’s a mainstay of the Department of Justice’s “Capitol siege” prosecutions, deployed in about a quarter of all cases. Overall, 350 people face charges under this statute, Trump among them, and the DOJ has used it to secure the convictions of about 150 rioters. It targets anyone who “corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so.” And it clarifies that an official proceeding includes “a proceeding before the Congress.”

A Woman Reading, by Pablo Picasso, 1920

A Woman Reading, by Pablo Picasso, 1920

The government argues that some rioters attempted to “obstruct” an “official proceeding” by halting the count of electoral votes through “corrupt” means. That includes Joseph Fischer, the defendant in the current case. Fischer, who served as a police officer before Jan. 6, allegedly texted that the protest “might get violent”; that “they should storm the capital and drag all the democrates [sic] into the street and have a mob trial”; and that protesters should “take democratic congress to the gallows,” because they “can’t vote if they can’t breathe..lol.” Video evidence shows Fischer assaulting multiple police officers on the afternoon of Jan. 6 after breaching the Capitol.

Would anyone seriously argue that this person did not attempt to corruptly obstruct an official proceeding? For a time, it seemed not: 14 of the 15 federal judges—all but Judge Carl Nichols in this case—considering the charge in various Jan. 6 cases agreed that it applied to violent rioters bent on stopping the electoral count. So did every judge on the U.S. Court of Appeals for the District of Columbia Circuit except one, Judge Gregory Katsas. Both Nichols and Katsas were appointed by Trump. Their crusade to kneecap the law caught SCOTUS’ attention, and the court decided to intervene despite overwhelming consensus among lower court judges. The Supreme Court’s decision will have major implications for Trump: Two of the four charges brought by special counsel Jack Smith in the former president’s Jan. 6 prosecution revolve around this offense. A ruling that eviscerates the obstruction law would arguably cut out the heart of the indictment.

Stern writes that at least three justices–Clarence Thomas, Neil Gorsuch, and Samuel Alito appear likely to do that. Read the rest at Slate.

Catherine Belton at The Washington Post: Secret Russian foreign policy document urges action to weaken the U.S.

Russia’s Foreign Ministry has been drawing up plans to try to weaken its Western adversaries, including the United States, and leverage the Ukraine war to forge a global order free from what it sees as American dominance, according to a secret Foreign Ministry document.

In a classified addendum to Russia’s official — and public — “Foreign Policy Concept of the Russian Federation,” the ministry calls for an “offensive information campaign” and other measures spanning “the military-political, economic and trade and informational psychological spheres” against a “coalition of unfriendly countries” led by the United States.

“We need to continue adjusting our approach to relations with unfriendly states,” states the 2023 document, which was provided to The Washington Post by a European intelligence service. “It’s important to create a mechanism for finding the vulnerable points of their external and internal policies with the aim of developing practical steps to weaken Russia’s opponents.”

The document for the first time provides official confirmation and codification of what many in the Moscow elite say has become a hybrid war against the West. Russia is seeking to subvert Western support for Ukraine and disrupt the domestic politics of the United States and European countries, through propaganda campaigns supporting isolationist and extremist policies, according to Kremlin documents previously reported on by The Post. It is also seeking to refashion geopolitics, drawing closer to China, Iran and North Korea in an attempt to shift the current balance of power.

Using much tougher and blunter language than the public foreign policy document, the secret addendum, dated April 11, 2023, claims that the United States is leading a coalition of “unfriendly countries” aimed at weakening Russia because Moscow is “a threat to Western global hegemony.” The document says the outcome of Russia’s war in Ukraine will “to a great degree determine the outlines of the future world order,” a clear indication that Moscow sees the result of its invasion as inextricably bound with its ability — and that of other authoritarian nations — to impose its will globally.

Reuss, Albert, 1889-1975; Lady Reading a Book

Albert Reuss, Lady Reading a Book

The Russians have clearly succeeded in subverting much of the Republican Party. Right now, far right Republicans are talking about getting rid of House Speaker Mike Johnson because he appears to be trying to pass some military aid for Ukraine.

The Washington Post: Momentum builds to oust Johnson from House speakership.

House Speaker Mike Johnson’s job is in serious jeopardy as two far-right lawmakers are threatening to oust him after the embattled Republican leader proposed a complex plan intended to fund key foreign allies during wartime.

Johnson (La.) introduced a four-part proposal Monday night to decouple aid for Israel, which faced a barrage of missiles and drones from Iran over the weekend, and help for Ukraine in its fight against Russia, along with two other measures. But his angry right flank — which has for weeks threatened to wrest Johnson’s gavel — escalated its attacks Tuesday morning, also vowing to sink a procedural measure needed to consider his plan.

During a weekly Republicanmeeting Tuesday morning, Rep. Thomas Massie (Ky.) upped the ante when he stood and called on Johnson to resign after announcing that he had signed on to Rep. Marjorie Taylor Greene’s plan to depose him, known as a motion to vacate.

That means that if Democrats chose not to rescue Johnson, Republicans would need just a simple majority to oust their second speaker in six months, causing the House to descend further into chaos during an election year when their slender grasp on the majority is at stake. Republicans appear seriously divided not only about the possible effort to eject Johnson, but also on the foreign aid bills, especially the Ukraine aid that a strident faction staunchly opposes.

Massie said he had warned the speaker in a private conversation “weeks ago” that if the motion to oust him was called to the floor, and Democrats did not help bail him out, Republicans would be successful in removing him as speaker because “we’re steering everything toward what [Senate Majority Leader] Chuck Schumer wants.”

“The motion is going to get called, okay? Does anybody doubt that? The motion will get called, and then he’s going to lose more votes than Kevin McCarthy,” Massie said, referencing the previous GOP speaker, who lost the gavel when eight Republicans joined all Democrats to oust him in October.

“I am not resigning,” Johnson said defiantly at a news conference Tuesday, calling the threat “absurd” as Republicans are “trying to do their job.”

If Republicans don’t watch out, they could end up with Speaker Hakim Jeffries. But loyalty to Putin is these Republicans’ top priority.

Yesterday, Senator Tom Cotton recommended that drivers should mow down protesters who block roads. After being criticized, he “doubled down.” Allison Quinn at The Daily Beast: Tom Cotton Doubles Down on Calls for Mob Violence Against Protesters.

A day after encouraging members of the public to “take matters into their own hands” to deal with peaceful protesters, Sen. Tom Cotton (R-AR) is doubling down on his endorsement of mob violence.

The Arkansas Republican shared a video on X on Tuesday morning of climate protesters who were blocking a road in France being grabbed and tossed on the side of the road by angry drivers. “How it should be done,” he captioned the video.

[Wordpress won’t let me post the video, but you can watch it at the link above.]

Cotton was apparently unfazed by backlash he received over comments made a day earlier, when he said protesters who blocked part of the Golden Gate Bridge would’ve been tossed off the bridge if it had happened in Arkansas.

“I encourage people who get stuck behind the pro-Hamas mobs blocking traffic: take matters into your own hands to get them out of the way. It’s time to put an end to this nonsense,” he wrote on X about protesters criticizing the U.S. response to the Israel-Hamas war.

Cotton, who famously penned an op-ed in 2020 calling for troops to be deployed to crush nationwide protests, also suggested in comments to Fox News that protesters blocking the road should have their hands “glued … to a car or the pavement,” noting that it’d be “probably pretty painful to have their skin ripped off.”

Nice guy.

On Trump’s NYC criminal trial

Travis Gettys at Raw Story: Trump allies concerned about ‘physical toll’ of trial on elderly ex-president: DC insider.

Donald Trump has apparently dozed off during each of the first two days of his criminal trial, and MSNBC’s Jonathan Lemire said allies are concerned about the “physical toll” of sitting through hours of courtroom proceedings on the 77-year-old former president.

Judge Juan Merchan has already told the ex-president he must attend the trial or face potential jail time, and those who know Trump understand that he lacks discipline and will likely find it hard to control himself in the courtroom during a trial that’s expected to last for more than a month.

John, Gwen, 1876-1939; The Convalescent

The Convalescent, by Gwen John, 1876-1939

“He has a legendary short attention span, ricocheting from one thought to the next, would frustrate his business advisers and his White House staff,” said Lemire, who hosts “Way Too Early” and also serves as Politico’s White House bureau chief. “He’s been, best I can tell, disciplined only a handful of times in his life – the last week of the [2016] election, he was convinced to stay off Twitter, and we know that helped him win in the last few days with an assist from FBI director [James] Comey, but that’s certainly the exception rather than the rule. He is undisciplined.”

“I was speaking to someone in Trumpworld last night who did acknowledge that, that the physical toll this is taking on Trump already,” Lemire added. “A couple of times we have seen him close his eyes, potentially asleep. Though he’s been in courtrooms a lot in recent months, most of those appearances relatively brief, an hour here, a couple of hours there – lots of breaks. He never had to be there for eight, nine hours at a time, and he’s going to have to do that each and every day. He gets today off but he’ll be back tomorrow, he’ll be back Friday. He’ll be back Monday, and there’s concern in Trumpworld about the physical toll this will take on him.”

I’ll bet Trump just loves that story.

The Hill: Toobin implies Trump remarks after court may hurt him if played for jury.

Legal analyst Jeffrey Toobin suggested former President Trump’s remarks after the second day of his hush money trial — centered on the falsification of business records — could possibly hurt him.

Toobin implied to CNN’s Anderson Cooper on Tuesday night that the comments, which “could be played before the jury,” may come back to haunt the former president in the case. But, the analyst added, Trump could also turn it around and say he doesn’t handle his own business records.

“Remember, the whole case is about the falsification of these business records. And you know, Trump has potentially the argument, ‘Look, I run a multibillion-dollar company. I don’t know how the accountants, how the bookkeepers record things,’” he said. “That’s going to be a big issue in the case.”

“How is the government going to prove that Trump knew and initiated or at least supported the idea that these payoffs were recorded as legal fees?” Toobin asked, adding that the former president “caught himself” in his remarks. “But you know that that video could be played before the jury, no question.”

While speaking to reporters Tuesday after the second day of jury selection wrapped up in the historic criminal trial, the former president said he marked the reimbursements at the center of the case as a “legal expense,” before noting that the accountants did that.

“I was paying a lawyer, and we marked it down as a legal expense — some accountant. I didn’t know,” Trump told reporters. “Mark it down as a legal expense. That’s exactly what it was. And you get indicted over that?”

“When he started to say, I marked it down as legal expenses, my ears perked up because it’s been a little bit unclear exactly how the state is going to prove that Trump falsified the records because many of these entries may have been made by the accountants for the Trump Organization,” she added.

Stephen Collinson at CNN: A jury that will decide Trump’s fate begins to take shape as first criminal trial powers ahead.

There are two Donald Trump criminal trials now taking place.

There’s the one in a Manhattan courtroom, where a judge, attorneys for both sides and prospective jurors are making strenuous efforts to lay the foundation of the fair trial to which the ex-president and every other citizen is entitled.

And there’s the imaginary trial that exists in Trump’s rhetoric, led by “heartless thugs” and a “very conflicted judge” who is “rushing the trial” that the presumptive GOP nominee claims is a “Biden inspired witch-hunt.”

In court on Tuesday, Trump made eye contact with potential jurors and was admonished by Judge Juan Merchan for muttering while one was questioned. But the surprisingly snappy pace of the process confounded initial expectations that putting on trial possibly the most famous man on Earth would be a laborious and prolonged process. While there were occasional moments of levity in the court and reminders that Trump’s status make him a defendant like none other, conversations that members of the jury pool had with the judge and defense lawyers and prosecutors hinted at the gravity of what will unfold in the coming weeks.

Reading Woman, by Henri Matisse

One potential juror, for instance, noted: “This is real. This man’s life is on the line, the country’s on the line, this is serious.”

As Trump’s hush money trial quickened on its second, compelling day — with seven jurors seated — Trump stepped up efforts to discredit the proceedings and the legal system itself. He bolstered the argument that is both his primary defense and his main campaign message — that he’s a persecuted victim being prosecuted because he’s on course to win back the White House in November. The former president’s strategy encapsulates one of the most consequential challenges to the American courts system in modern memory — one that is likely to leave it tarnished in the eyes of tens of millions of his supporters whatever the jury decides. And it exemplifies the unprecedented circumstances of the first former president going on trial in the middle of an election campaign that is now running more through multiple court rooms than swing states.

But outside the courtroom, the former president raged, offering a skewed commentary on the good faith efforts inside.

When the search for 12 jurors plus alternates paused for the day, Trump motorcaded to a bodega uptown, to highlight what he says is rising crime faced by the owners of small stores that are often open all night and especially serve immigrant communities. Trump was in his element, waving to a crowd that chanted “Four more years” and “We love Trump,” as he belted out quotes that dripped with falsehoods about foreign nations emptying their prisons and asylums to send a tide of migrants to American cities.

In a rowdy event in which he looked more like a mayoral candidate than a presumptive presidential nominee, he made two points. First that Manhattan District Attorney Alvin Bragg should be going after ‘real’ criminals and not him, and that his obligation to attend the trial was keeping him off the campaign trail, as his rival, President Joe Biden, sweeps this week through swing-state Pennsylvania.

Poor, pitiful Donald.

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


Wednesday Reads

Good Morning!!

It’s 2024, and the media and the Republicans are gearing up for the presidential election in November. What are the Democrats doing? I’m sure they are raising plenty of money, but when will they wake up and start fighting back against the Republicans and the media? Make no mistake, big media is hoping for another Trump presidency, because it will mean chaos and gobs of money for those who cover the chaos. It will mean riches for the media bosses and reporters alike–think of all the new books they can sell as Trump destroys democracy and attempts to gain dictatorial power?

You’ve probably heard that The Washington Post recently got rid of 240 employees through buyouts. They chose to keep right wing columnists like Hugh Hewitt and dumped liberals like Greg Sargent. Fortunately, Sargent has been hired by The New Republic. 

This post by Tom Jones is from Poynter, a site that reports on and critiques the media: Opinion | Washington Post reaches buyout goals to, for now, avert layoffs.

The good news is that the Post has been able to meet its goal of trimming staff through buyouts instead of layoffs. The bad news is the Post will enter the new year with fewer employees — perhaps a couple of hundred.

Greg Sargent

Greg Sargent

Back in October, the Post announced that it was offering buyouts with the hopes of reducing staff by 240. (At the time, the Post had approximately 2,500 employees.)

Then late last month, Post interim CEO Patty Stonesifer told staff only half of the desired number of staffers — about 120 or so — had accepted the buyouts and that there would be layoffs if not enough employees took the buyouts. At the same time, The Daily Beast’s Corbin Bolies reported that Post executive editor Sally Buzbee told staff in an email that about 36 of the 120 who accepted the buyouts were from the newsroom. She said that was “about 30 percent of our goal across the News department.”

Then came Tuesday’s news that the Post had enough buyouts to avoid layoffs — for now (my words, not the Post’s). The exact number of buyouts isn’t known publicly.

In an email to staff, Stonesifer said the company “will enter the new year with a smaller organization but a better financial position.” Stonesifer also wrote, “I am very aware of how difficult this process has been for everyone involved and I want to thank you for the grace and respect you have shown at every step.”

In July, The New York Times Benjamin Mullin and Katie Robertson reported the Post was on track to lose about $100 million this year.

For the gossip columnists at the WaPo, President Biden is boring. Imagine how much better the paper’s “financial position” will be when Trump gets back in the White House and consolidates his power. The same will be true of The New York Times. Maggie Haberman will be cleaning up, along with her co-writers.

In another positive development, historian and political observer Rick Perlstein will be writing for The American Prospect. I’m seriously thinking about dumping my Washington Post subscription and giving that money to one of these liberal publications. 

Perlstein has published his first column. In it, he addresses three issues I worry about: the media focus on polls, the failure of journalists to address real issues, while tending to favor right wing narratives, and the failure of Democratic politicians to fight back hard against those narratives.

Rick Perlstein at The American Prospect: You are Entering the Infernal Triangle: Authoritarian Republicans, ineffectual Democrats, and a clueless media.

Perlstein on Polling:

As a historian who also writes about the present, there are certain well-worn grooves in the way elections get written about by pundits and political journalists from which I instinctively recoil. The obsession with polling, for one. Polls have value when approached with due humility, though you wonder how politicians and the public managed to make do without them before their modern invention in the 1930s. But given how often pollsters blow their most confident—and consequential—calls, their work is as likely to be of use to historians as object lessons in hubris as for the objective data they mean to provide.

Pollsters themselves are often the more useful data to study, especially when their models encode mistaken presumptions frozen in place from the past. In 1980, for instance, Ronald Reagan’s landslide was preceded by a near-universal consensus that the election was tied. The pollster who called it correctly, Lou Harris, was the only one who thought to factor into his models a variable that hadn’t been accounted for in previous elections, because it did not yet really exist: the Christian right.

Polling is systematically biased in just that way: toward variables that were evident in the last election, which may or may not be salient for this election. And the more polls dominate discussions of campaigns and elections, the more they crowd out intellectual energy that could be devoted to figuring out those salient, deeper, structural changes conditioning political reality: the kind of knowledge that doesn’t obediently stand still to be counted, totted up, and reduced to a single number.

On media predictions:

Another waaaaay too well-worn journalistic groove isprediction. I have probably read thousands of newspaper opinion column prognostications going back to the 1950s. Their track record is too embarrassing for me to take the exercise seriously, let alone practice it myself. Like bad polls, pundits’ predictions are most usefulwhen they are wrong. They provide an invaluable record of the unspoken collective assumptions of America’s journalistic elite, one of the most hierarchical, conformist groups of people you’ll ever run across. Unfortunately, they help shape our world nearly as much, and sometimes more, than the politicians they comment about. So their collective mistakes land hard….

Rick Perlstein, author, Reaganland: America’s Right Turn 1976-1980.

Rick Perlstein, author, Reaganland: America’s Right Turn 1976-1980.

And how ritualized? Consider one of elite journalism’s most deeply worn grooves: the morning-after declarations, should any Democrat win a presidential election, that the Republican politics of demagogic hate-mongering has shown itself dead and buried for all time—forgetting how predictably it returns in each new election, often in an increasingly vicious form.

In 1964: When the author of the Civil Rights Act, Lyndon Johnson, defeated a Republican who voted against the Civil Rights Act, Barry Goldwater, one of the most distinguished liberal newspaper editors in the South, Sam Ragan of the Raleigh News & Observer, pronounced that all future American elections would be decided “on issues other than civil rights.” His essay quoted the Los Angeles Times’ Washington bureau chief, who affirmed that conventional wisdom by observing that henceforth, whichever party takes the Black vote would be no more predictable than who would win “freckle-faced redheads and one-armed shortstops.” [There are many more examples of this phenomenon in the essay.]

This particular bias is rooted into elite punditry’s deepest, most dangerous groove of all: a canyon, if you will. On one side of the yawning gulf is the perennial fantasy that America is a nation fundamentally united and at peace with itself, “moderate,” “centrist,” where exceptions are epiphenomena entirely alien to settled American “norms.”

On “Reality”:

On the other side of the gulf is, well, reality.

The media habits that make it so hard to grasp that reality—that made Trump and his merry band of insurrectionists such a surprise to us—are perhaps as systematic as any foisted upon the public by state media in authoritarian nations. A little more innocent than, say, Pravda, however, because one wellspring of this stubborn fantasy, and why audiences are so receptive to it, is simple psychology. To acknowledge the alternative is to stare into a terrifying abyss: the realization that America has never not been part of the way to something like a civil war.

But suddenly, in 2024, no one can avoid acknowledging that abyss anymore. And that leaves journalism in a genuine crisis.

Generations of this incumbent, consensus-besotted journalism have produced the very conceptual tools, metaphors, habits, and technologies that we understand as political journalism. But these tools are thoroughly inadequate to understanding what politics now is.

According to polls (which, yes, have their uses, in moderation), something around half of likely voters would like to see as our next president a man who thinks of the law as an extension of his superior will, who talks about race like a Nazi, wants to put journalistic organizations whose coverage he doesn’t like in the dock for “treason,” and who promises that anyone violating standards of good order as he defines them—shoplifters, for instance—will be summarily shot dead by officers of the state who serve only at his pleasure. A fascist, in other words. We find ourselves on the brink of an astonishing watershed, in this 2024 presidential year: a live possibility that government of the people, by the people, and for the people could conceivably perish from these United States, and ordinary people—you, me—may have to make the kind of moral choices about resistance that mid-20th-century existentialist philosophers once wrote about. That’s the case if Trump wins. But it’s just as likely, or even more likely, if he loses, then claims he wins. That’s one prediction I feel comfortable with.

I’ve already quoted too much, but I hope it’s enough so that you’ll want to read the rest at The American Prospect.

Every morning, I read Joyce Vance’s substack, Civil Discourse. Today, she offered “a warning” to all of us who want to save democracy. We have to remember that no everyone is following news and politics closely. 

One morning before Christmas, I was working out with a friend who I adore, and workout with regularly. She’s young, smart, and a recent college graduate. In the middle of our session, my phone started going off incessantly and I finally picked it up. It was, of course, breaking news. That day, it was about the Giuliani bankruptcy.

I apologized to her for taking the call. I got off quickly and told her, by way of explanation, “Rudy Giuliani just filed for bankruptcy.”

Vance-Joyce

Joyce Vance

“Who’s Rudy Giuliani?” she asked.

One morning before Christmas, I was working out with a friend who I adore, and workout with regularly. She’s young, smart, and a recent college graduate. In the middle of our session, my phone started going off incessantly and I finally picked it up. It was, of course, breaking news. That day, it was about the Giuliani bankruptcy.

I apologized to her for taking the call. I got off quickly and told her, by way of explanation, “Rudy Giuliani just filed for bankruptcy.”

“Who’s Rudy Giuliani?” she asked.

You know that noise they make in TV sitcoms, the one where the needle scratches across the record, and everything is interrupted? That was what I heard in my head. My mind worked over the implications of her question for the remainder of our time together.

She was born after 9-11. She never knew Giuliani as America’s mayor when the Towers fell and certainly not as the staunch pro-law enforcement mayor in the city in earlier years. But it shocked me that someone of voting age was unaware of Giuliani—didn’t recognize his name and associate it with Trump’s efforts to overturn the 2020 election.

She asked me about the bankruptcy. “Is that a good thing or a bad thing?” I explained that he’d lost a big defamation case in Georgia because he said horrible things about two election workers and disrupted their lives. Still no signs of recognition, but she got the point. “What an a**hole,” she concluded, based on my brief description of what he’d done.

Read the rest at the substack link.

Like Joyce Vance, I grew up in a politically engaged family. It’s always a shock to me when I learn that some people have no idea what’s going on in the government. We need to reach out to the people us and discuss the danger of autocracy.

I’m really troubled by what happened to Claudine Gay, Harvard’s first Black president. She may well have some issues with past plagiarism, but if she had been white, I doubt if the issue would have even come up. The truth is, she was set up by Congressional Republicans who hate diversity in education. Two articles:

At The Atlantic, David Graham expresses the typical liberal media response: it’s a shame and of course she was targeted by right wingers, but Harvard still had to do the “right” thing: An Old-Fashioned Scandal Fells a New Harvard President.

Gay, a political scientist, resigned…, making her the second president of an Ivy League institution to bow out in the past month. University of Pennsylvania President Liz Magill stepped down on December 9, but the cases are not as similar as they might initially seem. Magill’s departure stemmed directly from the shaky December 5 congressional testimony by a panel of college presidents about anti-Semitism and the Israeli-Palestinian conflict, and was viewed as a victory for Elise Stefanik, the Republican representative who led the questioning.

What appear to have doomed Gay were the allegations of plagiarism lodged against her. This is an important distinction. Penn’s board of trustees was spooked by pressure from donors and politicians. The Harvard Corporation, an equivalent body, was not. In a December 12 statement, it acknowledged that Gay’s testimony had gone poorly, but said she would remain in her post, describing its position as a defense of open discourse and academic freedom. Although Stefanik is already claiming credit, what ended Gay’s short tenure were not the hot-button issues of campus speech and anti-Semitism but was instead the kind of scandal that one might expect to fell the president of any educational institution, whether a member of the Ivy League or a community college.

Yes, because Harvard initially supported her remaining president, so the right wingers had to find another reason to get rid of her.

On December 5, Gay, Magill, and MIT’s Sally Kornbluth were hauled before Congress to speak about anti-Semitism on campus, though many GOP members really seemed to be upset about what they saw as inconsistent standards for deciding what speech is and isn’t acceptable on campuses. The hearing was remarkable for, among other things, how little intellectual agility the presidents showed in the face of questioning. A college president has to fulfill a dual role, serving not only as an academic officer but also as a sort of front woman for her institution. The failure of these presidents to represent their universities well in such a public setting was bound to raise questions about their leadership, regardless of the subject matter.

harvard-claudine-gay

Claudine Gay

Gay survived the initial backlash to her testimony, but since then, the furor around allegations of plagiarism has grown. Many of the examples that have been made public represent extremely lazy rewriting of source material—Gay borrowed sentences or paragraphs, making minor changes to their wording or order of clauses without adding much analysis of her own. Some academics have described this as entirely unacceptable, while others have defended Gay—including some, such as David Canon, from whose work she repeatedly drew. “I am not at all concerned about the passages. This isn’t even close to an example of academic plagiarism,” Canon told The Washington Free Beacon….

The origin of the complaints is still murky. Allegations of academic misconduct against Gay had floated around online message boards for some time, The Wall Street Journal reported. One unnamed individual claims to be the source of the current charges. On October 24, the New York Post contacted the university to ask about allegations against Gay. On December 10, the conservative agitator Christopher Rufo and the journalist Christopher Brunet published claims of plagiarism in Gay’s 1997 Harvard dissertation. The next day, The Washington Free Beacon added more reporting….

Conservatives have long had it out for Gay, Harvard’s first Black president, whose appointment they viewed as a sop to progressive diversity, equity, and inclusion initiatives. The identity of the initial anonymous complainant against Gay is unclear, as is when he or she brought the complaints forward. The appearance of the allegations in conservative outlets and their timing, coming shortly after the war in Gaza thrust Gay into the spotlight, certainly suggest a politically motivated effort.

I’ve quoted the parts of Graham’s article that support my point of view. He still thinks she should have been fired.

Nia T. Evans at Mother Jones: What Claudine Gay’s Resignation From Harvard Means for the Rest of Us.

Claudine Gay’s resignation from her post as president of Harvard University is a shocking new twist in the ongoing saga over campus free speech. Gay resigned on Tuesday amid new allegations of plagiarism leveled through an unsigned complaint published in the Washington Free Beacon, a conservative outlet that has long criticized Gay. The news, which was broken by the Crimson, comes after months of attacks on Gay’s response to campus antisemitism and weeks after university leaders reaffirmed their support for her. Gay’s stunning departure is the latest casualty in a growing conservative crusade against “diversity in education” and a chilling reminder of the state of campus free speech amid Israel’s war on Gaza. 

“It has become clear that it is in the best interests of Harvard for me to resign,” Gay wrote in a letter to the Harvard community. “It has been distressing to have doubt cast on my commitments to confronting hate and to upholding scholarly rigor—two bedrock values that are fundamental to who I am.”

Gay’s 186-day tenure is the shortest in the school’s 388-year history. 

Just six months ago, Gay was heralded as the future of Harvard University. “I stand before you on this stage with the weight and honor of being a first,” she told a rain-soaked crowd during her inauguration ceremony. Her journey to becoming Harvard’s first Black female president felt like the quintessential American dream: she is the daughter of Haitian immigrants, a Stanford graduate with a doctorate from Harvard. An accomplished political scientist with an emphasis on race, democracy, and politics, she was praised by university and political leaders alike after being named Harvard’s 30th president in late 2022. Massachusetts Gov. Maura Healey called her “a leader for our time” driven by the “values to meet the moment” at Gay’s September inauguration ceremony. Harvard’s governing board announced her selection with glee. “We are confident Claudine will be a thoughtful, principled, and inspiring president for all of Harvard,” wrote Harvard Corporation senior fellow Penny Pritzker. “She will be a great Harvard president in no small part because she is such a good person.”

Gay’s brief tenure collided with historic political assaults against diversity and education. In June, the Supreme Court struck down affirmative action in a case in which Harvard was at its center. The October 7 terrorist attack on Israel by Hamas instigated an ongoing war that’s claimed more than 22,000 lives. The war also set off a fierce debate on college campuses across the country over free speech. In one well-documented incident, a conservative group paid for a truck to circle around Harvard Square with a billboard on which the names and photos of opponents of Israel’s actions were displayed. The billboard dubbed them “Harvard’s Leading Antisemites.”

The end result of the controversy and the efforts of right wingers:

Her resignation not only shakes things up at the most prestigious university in the country, it also exposes a larger trend of racial regression that picked up in the years following the 2020 uprisings as Black leaders have been installed in positions of power only to find themselves undermined by the systems they sought to save. Love it or hate it, Harvard sets the tone for national and international debates. To conservative activists celebrating on Twitter, Gay’s ouster is part of a larger project to purge progressive Black leaders from public institutions. Or as Chris Rufo put it, to abolish “DEI ideology from every institution in America.” In the end, Gay’s presidency has created yet another first: Harvard’s first Black female president was also its shortest-serving

Those are my top stories for today. Lots more is happening, of course. Here are more stories you might find interesting/enraging:

Times of Israel: Israel in talks with Congo and other countries on Gaza ‘voluntary migration’ plan.

The Texas Tribune: Emergency rooms not required to perform life-saving abortions, federal appeals court rules.

Jose Pagliery at The Daily Beast: Jack Smith Keeps Telegraphing Some Seriously Scandalous Trump Crimes.

David Kurtz at TPM’s Morning Memo: The New Argument That Might Save Trump’s March Trial Date.

Newsweek: ‘Storm the Capitol’ Board Game Celebrates Jan. 6 Rioters.

That’s it for me today. What’s on your mind?


Thursday Reads

Good Day!!

boston-skyline-diane-bell

Boston Skyline, by Diane Bell

It has been unseasonably cool here in the Boston area for much of this spring and early summer, but now we’re going into a heat wave like most of the rest of the country.

Thank goodness my heat pump is working very well. It was 90 degrees yesterday, and my apartment stayed cool. Today it is already 90 degrees and it’s not 11AM yet. I feel so fortunate to be living here in my nice subsidized elderly apartment.

When I think back to the summers in my old unairconditioned house, I wonder how I managed. On 90 degree days, I basically just had to sit in front of my fans until the sun stopped beating down on the roof after about 4:30PM. I really feel for Dakinikat, who has been experiencing day after day like that.

It’s still sort of a slow news week, because of the holiday, but it’s beginning to get busier.

For those of us who have been long-time Twitter addicts, this has been an unsettling week. It really looks like Elon Musk has managed to kill Twitter this time, and many alternatives are popping up. Last night I signed up for Threads by Instagram. I’m hoping it will approach being what Twitter used to be, although I don’t really trust Mark Zuckerberg. But I trust Jack Dorsey even less. So far, he’s not letting me get into Bluesky, and I’ve decided I don’t want to use his new app, since he’ll probably end up selling it to another billionaire idiot. 

The New York Times: Threads, Instagram’s ‘Twitter Killer,’ Has Arrived.

After months of speculation and secrecy, Mark Zuckerberg’s long-rumored competitor app to Twitter is here.

The new app, Threads, was unveiled on Wednesday as a companion to Instagram, the popular photo-sharing network that Mr. Zuckerberg’s company, Meta, bought more than a decade ago. If Instagram executives get their way, Threads will also replace rival Twitter, with some techies referring to it as a “Twitter killer.”

The rollout of Threads ramps up the rivalry between Mr. Zuckerberg and Elon Musk, who bought Twitter last year. Mr. Musk has changed the experience of Twitter by tinkering with its algorithm and other features, and most recently imposed temporary limits on how many tweets people could read when using the app, inciting outrage.

Many tech companies have tried capitalizing on Twitter’s turmoil in recent months. But Threads has a leg up, backed by Meta’s deep pockets and Instagram’s enormous user base of more than two billion monthly active users around the world.

In a post to his Threads account on Wednesday, Mr. Zuckerberg said: “I think there should be a public conversations app with 1 billion+ people on it. Twitter has had the opportunity to do this but hasn’t nailed it. Hopefully we will.” He later said that Threads achieved 10 million sign-ups within seven hours of its launch.

Mr. Musk weighed in, saying he was not impressed by Threads and claiming he had canceled his Instagram account. “It is infinitely preferable to be attacked by strangers on Twitter, than indulge in the false happiness of hide-the-pain Instagram,” he wrote on Twitter.

Read more details at the NYT link. 

Summer-in-the-Park-Oil-by-Susan-Sternau

Summer in the Park, by Susan Sternau

NBC News: What you need to know about Threads, Instagram’s new Twitter competitor.

Instagram’s Threads app, a text-based social media platform poised to become Twitter’s latest competitor, is now available to users in more than 100 countries.

The app, which was released Wednesday evening, a day ahead of its scheduled debut, enables users to sign up straight from their Instagram accounts. That means that once it is launched worldwide, more than 2 billion monthly active users may import their accounts into Threads….

The app opens up to a scrollable feed of short-form text limited to 500 characters a post, with the ability to add individual or carousel photos and videos. Posts will include content from accounts users follow, as well as from creators suggested by the platform’s recommendation algorithm. Viewers can engage by liking, commenting, reposting — including quoting a post — and sharing to their Instagram story or feed.

While most features mimic those of Twitter, its user interface design resembles Instagram’s, with the same heart, comment and share buttons and similarly placed tabs.

Once logged in, new users who have Instagram accounts are told their account must retain the same usernames, but are able to a different bio and link to their profiles. Verified Instagram users will take their check marks to Threads, as well. Users can then choose to follow in bulk all accounts they already follow on Instagram, which includes pre-following anyone who has not yet joined Threads….

Accounts that users have already blocked on Instagram will also be automatically blocked on Threads. Those who wish to limit interactions can choose whether to allow replies from everyone, accounts they follow or mentions — users whom they directly tagged in a thread — only. They can also choose to restrict mentions of themselves to just accounts they follow or to disallow them entirely.

More details at the link.

There’s new information about the Trump stolen documents case; the DOJ has unsealed previously unseen parts of the affidavit for the search of Mar-a-Lago. 

CNN: Justice Department had video of boxes being moved at Mar-a-Lago before FBI search, unredacted document shows.

The Justice Department has made public more about the significant photographic and video evidence they collected last summer from Mar-a-Lago after the Trump presidency, in a newly released version of the investigative record that supported the FBI search of the resort.

While the details match much of what was included in last month’s indictment of Donald Trump and his co-defendant Walt Nauta, the less-redacted search warrant affidavit reveals the extent of what prosecutors knew before asking to search the Florida property for documents or other evidence last summer.

Summer in the City, by Olena Maksymova

Summer in the City, by Olena Maksymova

The search affidavit, which still has several pages of redactions, describes with more public detail what prosecutors could see on spring 2022 surveillance footage from multiple angles outside a basement storage room where classified documents were kept in boxes at Mar-a-Lago.

The affidavit also includes at least one photo of boxes stacked in a room and captures how investigators believed boxes from Trump’s presidency were “relocated” or had been moved around.

“Video footage reflects that evidence has been moved recently,” prosecutors wrote in the court record. “It cannot be seen on the video footage where the boxes were moved when they were taken from the storage room area, and accordingly, the current location of the boxes that were removed from the storage room area but not returned to it is unknown.”

The affidavit said that the FBI’s review of security footage provided by the Trump Organization showed a person identified as “witness 5” moving boxes of documents around the estate throughout 2022, including on June 1, 2022, when he’s “observed carrying eleven brown cardboard boxes out the ANTEROOM entrance. One box did not have a lid on it and appeared to contain papers.”

Witness 5 is not named in the document. Nauta was accused in the indictment of obstruction and lying to investigators. Nauta is expected to plead not guilty in federal court in Miami on Thursday. Trump has pleaded not guilty.

“The day after that, on June 2, 2022, WITNESS 5 is observed moving twenty-five to thirty boxes, some of which were brown cardboard boxes and others of which were Bankers boxes consistent with the description of the FPOTUS BOXES, into the entrance of the ANTEROOM,” the filing said.

That seems pretty incriminating.

Remember how the press reacted when there were peaceful demonstrations outside the homes of SCOTUS justices? And when a troubled man showed up near Brett Kavanaugh’s house with a gun and then turned himself in to police without doing anything, the outrage was loud and long. I’ve been wondering why there hasn’t been more reporting on the crazy guy who showed up outside the Obamas’ home in DC with lots of guns and bombs. And even more creepy, he knew the address because it was posted on line by Donald Trump! Well finally, this event is getting a bit of attention.

Spencer S. Hsu at The Washington Post: U.S.: Man with guns near Obama home threatened McCarthy, Raskin.

A Navy veteran arrested with guns near former president Barack Obama’s house in Washington had recently recorded himself making threatening statements regarding House Speaker Kevin McCarthy (R-Calif.), Rep. Jamie B. Raskin (D-Md.) and a federal facility housing a nuclear research reactor in suburban Maryland, prosecutors said Wednesday.

Summer in the City (NY), by Julian Barrow

Summer in the City (NY), by Julian Barrow

U.S. prosecutors asked a judge to jail Taylor Taranto, 37, pending trial, saying that the QAnon conspiracy theorist showed up near Obama’s home shortly after Donald Trump posted on his social media platform what he claimed was Obama’s address. Taranto was armed, dangerous and in the grip of delusional thinking, prosecutors said, and had successfully eluded law enforcement for nearly a day before his arrest June 29 in a wooded area near Washington’s exclusive Kalorama neighborhood.

“Taranto is a direct and serious threat to the public. Taranto’s own words and actions demonstrate that he is a direct threat to multiple political figures as well as the public at large,” Assistant U.S. Attorneys Allison K. Ethen and Colin Cloherty wrote in a 26-page detention memo. “The risk that Taranto poses if released is high, and the severity of the consequences that could result are catastrophic.”

Authorities searched for Taranto before June 28, but he was living in his van, and his lack of a fixed address frustrated efforts to find him, prosecutors said. Law enforcement “escalated efforts to locate Taranto and increased resources to assist in the search” after his alleged threats that day, but were unsuccessful before he turned up near Obama’s residence.

Read more at the WaPo. It’s quite a long and detailed story.

Finally, the strange decision by a Trump-appointed judge in Louisiana is getting quite a bit of attention in the media.

The Hill: Court ruling prompts fears of ‘Wild West of disinformation.’

An order limiting the Biden administration’s communication with social media companies could make it harder to curb disinformation as the 2024 election nears.

A federal judge Tuesday curtailed communication between certain Biden administration agencies and social media companies after a GOP-led challenge to efforts to combat disinformation, arguing attempts to do so violated protected speech.

The ruling left experts concerned about a “chilling effect” on attempts to moderate false information online.

“If we end up with basically no meaningful content moderation, then it is going to be a Wild West of disinformation,” said Darrell West, a senior fellow at the Brookings Institution’s Center for Technology Innovation.

Summer in the City, Edward Hopper

Summer in the City, Edward Hopper

Two Republican state attorneys general argued that the Biden administration “coordinated and colluded with social-media platforms to identify disfavored speakers, viewpoints, and content.” The result, they said, was a “campaign of censorship” executed by the administration.  

U.S. District Judge Terry Doughty, a Trump appointee, ruled in their favor, ordering that Biden administration officials cannot contact social media companies relating to “in any manner the removal, deletion, suppression, or reduction of content containing protected free speech posted on social-media platforms.”  

Officials from the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Justice, the State Department and the FBI were told to cut those communications with the companies.  

The case had primarily taken aim at attempts to curtail disinformation during the COVID-19 pandemic, which Republicans decried as a violation of the First Amendment.

Raw Story: DOJ appeals ‘crazy’ Biden social media ruling ‘lightning fast’: legal expert.

Former federal prosecutor Harry Litman tweeted that a Trump-appointed federal judge’s injunction that blocks the Biden administration from communicating with social media companies was crazy “in substance and breadth,” noting the DOJ didn’t waste any time in filing its “lightning fast” appeal.

“Feds obviously know it’s nuts & dangerous,” Litman added.

Judge Terry A. Doughty issued the injunction in response to a lawsuit brought by Republican attorneys general of Louisiana and Missouri, who argued that the government overreached in efforts to stop the spread of vaccine disinformation and baseless allegations of election fraud.

The ruling is widely viewed as a legal win for conservatives.

summer-in-the-city-aniko-hencz

Summer in the City, by Aniko Hencz

The attorneys general behind the lawsuit that prompted the injunction contend that the Biden administration is behind a “sprawling federal ‘Censorship Enterprise’” that aims to pressure social media companies to censor posts expressing controversial political views and conservatives in particular, the report said.

The Biden administration argued that such communications were needed for public health and safety reasons, noting that the social media platforms have been used to propagate disinformation about COVID vaccines and the 2020 election.

The administration sought “necessary and responsible actions to protect public health, safety, and security” amid the pandemic and the conspiracy-fueled election dispute, Bloomberg News reports, noting that the DOJ plans to request that the judge’s order be put on hold during the appeal.

The Washington Post’s Cat Zakrzewski describes the injunction as an “extraordinary” ruling that “could upend years of efforts to enhance coordination between the government and social media companies.

Zoe Tillman and Emily Birnbaum at Bloomberg: Biden Appeal Opens a New Front in Battle Over Internet Speech.

The Biden administration’s battle with Republican-led states over free-speech limits escalated with its appeal of a judge’s sweeping order barring federal officials and agencies from communicating with social media companies over postings they deem objectionable. It’s the latest example of the judiciary flexing its muscles in cases testing the bounds of the First Amendment online.

The US Justice Department filed a notice of appeal in federal court in Louisiana on Wednesday, signaling its intent to take the fight to the 5th US Circuit Court of Appeals in New Orleans.

The DOJ also plans to ask the court to put the judge’s order on hold during the appeal, according to a person familiar with the case. The case could swiftly land before the US Supreme Court if the government’s request is rejected. 

Courts have played a star role mediating fights in recent years over how tech giants moderate what goes on their platforms. With federal law largely shielding companiesagainst being sued over what’s posted online, challengers have increasingly shifted the legal fight to the constitutional arena, probing the relationship between the government and the private sector. 

US District Judge Terry Doughty’s injunction on Tuesday represents a break with judges who have been wary of extending the First Amendment’s speech protections to content decisions made by companies, even in situations where government officials tried to exert influence, said Genevieve Lakier, a constitutional law expert at the University of Chicago Law School. 

Read the rest at Bloomberg.

Two more good articles on this insane decision:

Harry Litman and Lawrence Tribe at Just Security: Restricting the Government from Speaking to Tech Companies Will Spread Disinformation and Harm Democracy.

Philip Bump at The Washington Post: A deeply ironic reinforcement of right-wing misinformation.

That’s all I have for you today. I hope everyone is managing to stay safe in the ongoing hot weather.


Wednesday Reads: 4/20 again?

Good morning!

What a fucking asshole. Anyway, another year, another meme:

Cartoons via Cagle website:

Grab her by the pussy:

And let’s end with this powerful speech:

This is an open thread.


Tuesday Reads: Omicron, Trump, and Cuomo

Good Afternoon!!

Once again, there isn’t a lot of good news out there to talk about. The media is still “freaking out” about the Covid omicron variant, and we still don’t actually know much about it. Trump and his goons are still threatening U.S. democracy, and the DOJ appears to be doing nothing to stop them. Finally, in another media issue: CNN’s top talking head, Chris Cuomo needs to go, but the network is still dithering.

From Jennifer Rubin at The Washington Post:

The media freaked out during Thanksgiving weekend over the discovery of the omicron variant. The New York Stock Exchange dropped 900 points. Both were irrational, exaggerated responses based on little information.

The World Health Organization on Friday put out a balanced statement, advising, “This variant has a large number of mutations, some of which are concerning. Preliminary evidence suggests an increased risk of reinfection with this variant, as compared to other [variants of concern].” The WHO promised to keep member countries updated about this “detrimental change in COVID-19 epidemiology.” That was it.

Columbia Journalism Review recounted with a hint of exasperation:

Despite the massive uncertainty, the world’s media instantly swelled with content: “What we know about the Omicron variant”; “The Omicron Variant: We Still Know Almost Nothing”; “Opinion | The Omicron Variant Is Creating a Lot of Anxiety,” and so on and so on. Over the weekend, a debate took shape, among experts and journalists, as to whether all the coverage was too much. David Dowdy, an epidemiologist at Johns Hopkins University, accused fellow scientists of shamefully overselling fears about Omicron despite the paucity of hard data on the variant; Erin Biba, a freelance science journalist, tweeted that it is “completely and utterly exhausting” when “doomsday headlines and uninformed reporters create mass hysteria before we even have any details or information.”

Francis Collins, director of the National Institutes of Health, and Anthony S. Fauci, President Biden’s top coronavirus adviser, patiently explained in TV interviews over the weekend that we really did not know a lot about the variant. It would take a couple of weeks, they said, to answer questions about its severity and ability to spread. The WHO on Sunday also explained that we did not know much about the variant’s transmissibility, severity and the degree of protection afforded by existing vaccines.

Such nuance and caution were shoved aside. The cable TV news, mainstream news headlines and social media devolved into wild speculation and near-hysteria. Nations “scrambled” and “panicked,” we were told. The variant “stoked fear,” others relayed. Breathless reporting announced each new country in which omicron appeared.

It now looks like the omicron variant didn’t originate in South Africa. NBC News: Omicron COVID variant was in Europe before South African scientists detected and flagged it to the world.

Dutch health authorities announced on Tuesday that they found the new Omicron variant of the coronavirus in cases dating back as long as 11 days, indicating that it was already spreading in western Europe before the first cases were identified in southern Africa. The RIVM health institute said it found Omicron in samples dating from November 19 and 23.

Those findings predate the positive cases found among passengers who came from South Africa last Friday and were tested at Amsterdam’s Schiphol airport.

“It is not yet clear whether the people concerned [in the earlier cases] have also been to southern Africa,” the RIVM said, adding that the individuals had been informed of their Omicron infections and that local health services had started contact tracing.

“In the coming period, various studies will be conducted into the distribution of the Omicron variant in the Netherlands,” the institute said, noting that it would also re-examine more samples from previous COVID test results.

In any case, travel restrictions aren’t likely to keep the variant out of the U.S. On the other hand, according to the doctor who identified omicron, the people she saw who were infected had very mild symptoms.

The South African doctor who first identified the omicron variant that is spreading in the country and abroad has described the symptoms as she observed them in her patients, stating that the strain is so far producing “very, very mild” effects in them.

Dr Angelique Coetzee told BBC News that she had first noticed the symptoms in a young, male patient around the age of 30 whom she normally knew to be very healthy. He was “extremely tired” as well as having “body aches and pains with a bit of a headache,” a “scratchy” rather than sore throat, and no cough or loss of taste or smell, she said. The doctor was speaking about her experience of a small group of patients, and not making general comments about how all patients will experience it.

Coetzee tested the man for covid-19 and found him to be positive, then tested his family and found them all to have the virus, despite showing only “very, very mild symptoms,” she said. For the rest of the day, people kept presenting at her surgery with similar symptoms, and all tested positive. Noticing that the symptoms seemed to differ from the delta variant, which had hitherto been the most prevalent form of covid globally, she alerted the country’s vaccines committee, of which she is a member. They announced their resultant discovery of the omicron variant a few days later.

Perhaps reassuringly for those who are worrying about this new development, Coetzee noted that none of the cases she knew of were serious. “What we are seeing clinically in South Africa, and remember that I’m at the epicenter, that’s where I’m practicing, is extremely mild…We haven’t admitted anyone [to hospital]. I spoke to other colleagues of mine: The same picture,” she told the BBC.

Obviously, that could change, but it’s not time to panic yet.

The latest on Trump’s coup attempt at The Guardian: Trump called aides hours before Capitol riot to discuss how to stop Biden victory.

Hours before the deadly attack on the US Capitol this year, Donald Trump made several calls from the White House to top lieutenants at the Willard hotel in Washington and talked about ways to stop the certification of Joe Biden’s election win from taking place on 6 January.

The former president first told the lieutenants his vice-president, Mike Pence, was reluctant to go along with the plan to commandeer his largely ceremonial role at the joint session of Congress in a way that would allow Trump to retain the presidency for a second term.

But as Trump relayed to them the situation with Pence, he pressed his lieutenants about how to stop Biden’s certification from taking place on 6 January, and delay the certification process to get alternate slates of electors for Trump sent to Congress.

The former president’s remarks came as part of strategy discussions he had from the White House with the lieutenants at the Willard – a team led by Trump lawyers Rudy Giuliani, John Eastman, Boris Epshteyn and Trump strategist Steve Bannon – about delaying the certification.

Multiple sources, speaking to the Guardian on the condition of anonymity, described Trump’s involvement in the effort to subvert the results of the 2020 election.

Trump’s remarks reveal a direct line from the White House and the command center at the Willard. The conversations also show Trump’s thoughts appear to be in line with the motivations of the pro-Trump mob that carried out the Capitol attack and halted Biden’s certification, until it was later ratified by Congress.

The former president’s call to the Willard hotel about stopping Biden’s certification is increasingly a central focus of the House select committee’s investigation into the Capitol attack, as it raises the specter of a possible connection between Trump and the insurrection.

Trump also called the “command center” at the Willard multiple times on January 5.

Trump’s call to the lieutenants came a day after Eastman, a late addition to the Trump legal team, outlined at a 4 January meeting at the White House how he thought Pence could usurp his role in order to stop Biden’s certification from happening at the joint session.

At the meeting, which was held in the Oval Office and attended by Trump, Pence, Pence’s chief of staff, Marc Short, and his legal counsel, Greg Jacob, Eastman presented a memo that detailed how Pence could insert himself into the certification and delay the process.

The memo outlined several ways for Pence to commandeer his role at the joint session, including throwing the election to the House, or adjourning the session to give states time to send slates of electors for Trump on the basis of election fraud – Eastman’s preference.

The then acting attorney general, Jeff Rosen, and his predecessor, Bill Barr, who had both been appointed by Trump, had already determined there was no evidence of fraud sufficient to change the outcome of the 2020 election.

There’s a court hearing going on today about Trump’s attempts to exert executive privilege over his communications about the planned coup when he was “president.” From the CNN article:

A federal appeals court posed tough questions for lawyers for former President Donald Trump on Tuesday, as Trump attempts to convince the court that he should be able to keep records from his presidency from the House select committee that’s investigating the January 6 US Capitol riot.

“This all boils down to who decides. Who decides when it is in the best interest of the United States to disclose presidential records? Is it the current occupant of the White House or the former?” said Judge Ketanji Brown Jackson of the DC Circuit Court of Appeals.

The arguments are likely to be an uphill battle for the former President. The Biden administration and the House are aligned against him in wanting transparency about communications in the West Wing as Trump sought to overturn the 2020 election result and his supporters raided the Capitol. Trump lost his first round in court in the case, more quickly and resoundingly than his losses when he tried to claim broad protections from investigations while he was President.

Yet by raising major, unsettled questions about the power of former presidents to control information from their time in office, the case appears to be on a path to the Supreme Court.

Read more at the link.

3000Finally, CNN must fire Chris Cuomo. That link goes an Atlantic piece by David A. Graham. Yesterday, The New York Times published a shocking story on how Cuomo tried to help his brother Andrew escape accountability for his treatment of women: Chris Cuomo Played Outsize Role in Ex-Gov. Cuomo’s Defense.

Thousands of pages of new evidence and sworn testimony released on Monday show the extent to which former Gov. Andrew M. Cuomo relied on a group of allies, including his younger brother, the CNN host Chris Cuomo, to strategize how to deflect and survive a cascade of sexual harassment charges that eventually engulfed him.

Beginning last December with the first public accusation by a former aide, Lindsey Boylan, the records lay out in unvarnished detail how the tight-knit group of advisers discussed a series of increasingly drastic steps to manipulate the press, discredit his accusers and retain a grip on power that became less and less tenable.

After debating the legality of the move, they agreed to pass Ms. Boylan’s personnel file to reporters, portraying her as politically motivated and unhinged. They sought — and failed — to rally dozens of former female aides and supporters to pen an op-ed defending him.

Chris Cuomo pressed to take on a greater role in crafting his brother’s defense, including phoning into strategy calls and using his media contacts to keep tabs on reporters pursuing stories about the governor. At one point, he even ran down a secondhand tip that another woman accusing the governor of unwanted advances at a wedding was lying. (She was not.)

“You need to trust me,” Chris Cuomo pleaded with Melissa DeRosa, the governor’s secretary, at one point in March, arguing that she should rely on him and other outside advisers like the political consultant Lis Smith and the pollster Jefrey Pollock.

He added: “We are making mistakes we can’t afford.”

Yet Cuomo appeared in his usual time slot last night.

An even more pointed headline from CNBC: CNN host Chris Cuomo used his media sources to find out info on brother Andrew’s accusers, records show.

CNN host Chris Cuomo used his sources in the media world to seek information on women who accused his brother Andrew Cuomo, then the governor of New York, of sexual harassment, according to documents released Monday by the New York Attorney General’s Office.

While Chris Cuomo has previously acknowledged advising his brother and his team on the response to the scandals, the records show that his role in helping the then-governor was much larger and more intimate than previously known.

Chris Cuomo was actively in touch with Melissa DeRosa, who was the then-governor’s top aide, about incoming media reports that detailed alleged sexual harassment by Andrew Cuomo, according to exhibits from the Attorney General’s probe and a transcript of his interview with the state’s investigators. He also lobbied to help the governor’s office as it sought to weather the storm of accusations, and he dictated statements for the then-governor to use.

“Please let me help with the prep,” Chris Cuomo said to DeRosa in one message in early March. Then, three days after the New York Times reported in March about how Andrew Cuomo attempted to kiss a woman, Anna Ruch, in an unwanted advance at a wedding, Chris Cuomo texted DeRosa: “I have a lead on the wedding girl.”

CNN says they are “conducting a thorough review of the documents.”  Frankly, it’s difficult to understand why CNN kept Cuomo on after the initial revelations. If they don’t get rid of him now, they will lose all credibility as a news organization.

There are plenty of other stories out there. Which ones have caught your interest?