In the months since March, many Americans have habituated to the horrors of the pandemic. They process the election’s ramifications. They plan for the holidays. But health-care workers do not have the luxury of looking away: They’re facing a third pandemic surge that is bigger and broader than the previous two. In the U.S., states now report more people in the hospital with COVID-19 than at any other point this year—and 40 percent more than just two weeks ago.
Emergency rooms are starting to fill again with COVID-19 patients. Utah, where Nathan Hatton is a pulmonary specialist at the University of Utah Hospital, is currently reporting 2,500 confirmed cases a day, roughly four times its summer peak. Hatton says that his intensive-care unit is housing twice as many patients as it normally does. His shifts usually last 12 to 24 hours, but can stretch to 36. “There are times I’ll come in in the morning, see patients, work that night, work all the next day, and then go home,” he told me. I asked him how many such shifts he has had to do. “Too many,” he said.
Grey Kitty, by C.M. Cooper
Hospitals have put their pandemic plans into action, adding more beds and creating makeshift COVID-19 wards. But in the hardest-hit areas, there are simply not enough doctors, nurses, and other specialists to staff those beds. Some health-care workers told me that COVID-19 patients are the sickest people they’ve ever cared for: They require twice as much attention as a typical intensive-care-unit patient, for three times the normal length of stay. “It was doable over the summer, but now it’s just too much,” says Whitney Neville, a nurse based in Iowa. “Last Monday we had 25 patients waiting in the emergency department. They had been admitted but there was no one to take care of them.” I asked her how much slack the system has left. “There is none,” she said.
The entire state of Iowa is now out of staffed beds, Eli Perencevich, an infectious-disease doctor at the University of Iowa, told me. Worse is coming. Iowa is accumulating more than 3,600 confirmed cases every day; relative to its population, that’s more than twice the rate Arizona experienced during its summer peak, “when their system was near collapse,” Perencevich said. With only lax policies in place, those cases will continue to rise. Hospitalizations lag behind cases by about two weeks; by Thanksgiving, today’s soaring cases will be overwhelming hospitals that already cannot cope. “The wave hasn’t even crashed down on us yet,” Perencevich said. “It keeps rising and rising, and we’re all running on fear. The health-care system in Iowa is going to collapse, no question.”
Lazy Caturday Reads: Trump’s Failed Coup
Posted: November 21, 2020 Filed under: morning reads, U.S. Politics | Tags: Donald Trump, failed coup attempt, remaining norms Trump could break, Rudy Giuliani, Trump has lost it 14 Comments
Mary Fedden, Cat along the shore
Good Morning!!
I’m not too with it these days. I’ve had a nagging cold for a couple of weeks now and it isn’t going away. I’m afraid it might be turning into a sinus infection. I’ve been trying to keep up with the posts and comments as best I can. I got a coronavirus test last week just in case. It was negative. Anyway, I’m going to call my doctor’s office again on Monday if I don’t feel better. I just thought I’d let you know why I haven’t been commenting as much as usual.
Trump is still trying to stage a half-baked coup. Here’s the latest on that pathetic story.
At The Daily Beast, William Bredderman provides a summary of Trump’s recent attempts to reverse the election results: The Desperate Final Gasps of Team Trump’s Flailing ‘Mini-Coup’
The past week saw Team Trump piling up losses and running out of road.
The campaign dropped its lawsuit to stop the certification of President-elect Joe Biden’s victory in Michigan, while the Pennsylvania Supreme Court threw out the campaign’s claim that COVID-19 restrictions had deprived GOP observers of their right to monitor the postal vote count.
Cat on the carpet, Gleb Baranov
Then, on Thursday night, with just four days remaining before both Michigan and Pennsylvania certify their results, Rudolph Giuliani and local lawyer Marc Scaringi dropped a wild new brief in the U.S. District Court for the Middle District of Pennsylvania. Probably the most audacious of the dozens of legal Hail Marys the campaign and Republican interests have hurled into the end zone since Election Night, the filing argues that the campaign’s constitutional rights have been violated and asks the judge to declare Trump the winner of the Keystone State’s 20 electoral college votes.
But, according to Charles Fried, solicitor general under Ronald Reagan, this brief’s legal claim hangs almost entirely on a single word: “meaningful”—as in the “meaningful observation of the canvassing of mail ballots.” The professor at Harvard Law School told The Daily Beast that, in this context, ”meaningful” has no meaning at all.
The suit makes essentially the same argument that the state Supreme Court rejected: that observers in several counties could not get as near to the tabulation as they wanted. Now, at the federal level, they argue the system in Pennsylvania violated the campaign’s due process rights under the 14th Amendment by denying them “meaningful” access.
According to Fried, however, “meaningful” has no legal definition, nor is it adequately described in the legal team’s filings.
“There’s no allegation here. It’s just an unsubstantiated claim, which was thrown out in several courts,” he told The Daily Beast. “And now they’ve gone to federal court. Why should the result be any different?”
Fried described this latest tack as “garbage”—the same way he characterized the Trump team’s legal efforts two weeks ago, before the campaign shed several attorneys and took on Giuliani and Scaringi.
Read more details about Trump’s garbage lawsuits at the link.

Dog and Cat, Alex Colville
Also from The Daily Beast, by Asawin Suabsaeng and Sam Stein: Team Trump Leaders, Including Campaign Manager Bill Stepien, Have No Faith in Rudy.
While Donald Trump’s attorney Rudy Giuliani embarks on a quixotic and potentially destructive effort to reverse the results of the 2020 election, much of the president’s official campaign apparatus wants to disown it.
Several officials in leadership positions on Trump’s re-election team, including campaign manager Bill Stepien, have recently told associates they have zero faith in Giuliani, and are currently waiting for what they view as a doomed, haphazard legal fight to burn out and end, according to four sources with knowledge of the situation.
One Trumpadviser called the current strategy a “dead end,” and said Giuliani’s high-profile attempts at drumming up legal obstacles to the certification of Biden’s election amounted to a “hostile takeover of the campaign.”
“The obvious thing is, this is a shitshow,” the adviser said. “When the Rudy show started, that was a sidelining of everyone else. At that point, it became an issue of going through the motions and the recognition of, ‘OK, this is definitely over because we don’t have a chance with… these conspiracy theories.’”
But Trump apparently thinks what Rudy is doing is just ducky.
The sense of resignation felt privately by a chunk of the Trump campaign operation is at odds with the president’s personal assessment of how his long-shot efforts to recapture a second term are going.
by Orovida Camille Pissarro
As of Friday night, two sources close to the president said he remained intensely invested and personally supportive of Giuliani’s legal challenges. It was presumed among campaign staff that he was thrilled with his team’s now-infamous press conference on Thursday, in which Giuliani, and two other allied lawyers—Sidney Powell and Jenna Ellis—presented a smorgasbord of wild conspiracy theories about election fraud, including a lengthy explanation of how anti-Trump Venezuelan villains supposedly worked to rob Trump of legal votes. And, for that reason, there was little appetite for anyone to say anything questioning the current approach—at least with their name attached to it.
“It appears that none of us are allowed to say [publicly] that that was one of the weirdest fucking things we’ve ever witnessed,” one senior Trump administration official said, noticeably exasperated.
Click the link to read the rest.
Of course we have long known that Trump is out of his mind. This is from David Smith at The Guardian: Trump’s monumental sulk: president retreats from public eye as Covid ravages US.
There was one thing that even Donald Trump’s harshest critics were never able to accuse him of: invisibility….
Yet two weeks after his defeat by Joe Biden in the election, Trump has effectively gone missing in action. Day after day passes without a public sighting. He does not hold press conferences any more. He has even stopped calling into conservative media….
John French Sloan, Chinese Restaurant
Amid the deafening silence, Trump’s only “proof of life” since Biden’s victory has been a handful of public events at the White House and a military cemetery, weekend outings to his golf course in Virginia and a barrage of tweets airing grievances and pushing baseless conspiracy theories that the election was stolen from him.
“I don’t think we’ve had a president since Richard Nixon who is as far in the bunker and detached from the country as Donald Trump is right now,” said Larry Jacobs, director of the Center for the Study of Politics and Governance at the University of Minnesota.
“Donald Trump has not only suffered a catastrophic political defeat, he’s clearly also suffering from a deep emotional break. This behavior is even more erratic than usual and he has retreated. He has put himself in a form of psychological isolation. His emotional state is clearly abysmal. In the popular lexicon, he’s lost it.”
Trump’s pathetic efforts are still dangerous, writes Jonathan Chait at New York Magazine: The Danger (and Ineptitude) of Trump’s Failed Coup.
In his address to the Democratic National Convention in August, Barack Obama warned that the Trump administration “has shown it will tear our democracy down if that’s what it takes to win.” Kamala Harris began her first speech as vice-president-elect by saying “America’s democracy is not guaranteed.”
By Felix Vallotton
Some may have dismissed this as mere hyperventilated campaign rhetoric. But in the days that followed the election, Trump fulfilled the stark prophecies. He has seized whatever powers he still has in his grasp to rattle the system and to take vengeance against his successor by leaving him with a ruin.
Trump has attempted to retain power much as he wielded it throughout his term: with a comic ineptitude of his means that made it difficult to absorb the seriousness of his ends. If you had predicted four years ago that Trump would finish his term by proposing to cancel the election and reinstall himself in a second term, you’d have been brushed off as a hysteric. And yet here he is attempting to do just that and recruiting Republican allies to his mad scheme. The certainty of his failure does not make the damage caused by the coup effort disappear. It simply makes it harder to see clearly. The surreality of Mussolini continually slipping on banana peels is the defining paradox of this sordid era.
To lead his attempted coup, Trump has turned once again to Rudy Giuliani. Just weeks before, Giuliani — who is the subject of a criminal investigation for his efforts to shake down Ukraine while working for Trump and who was colluding publicly with a man identified by the U.S. Treasury Department as a Russian spy — had produced what he called “evidence” of a global criminal plot by Joe Biden and his family. (Many people on the right spent the last ten days of the campaign scolding the media for failing to take his accusations seriously.) In the aftermath of the election, Giuliani emerged to claim he had uncovered yet another worldwide plot — this one even wider and more sinister in scope.
Read more at the link.

By Edward Bawden 1903-1989
Peter Nicholas at The Atlantic: The 3 Norms Trump Could Still Break.
America has seen little of Donald Trump since the election. Speaking to the nation largely through Twitter, he’s barely strayed outside the White House as he absorbs a defeat that shattered the myth he created of his own invincibility. Still, he’s been busy—firing officials he deems disloyal and plotting ways to stay in power. He can’t and won’t overturn the election result, but he can cause plenty more havoc on his way out. Some of the ways would be immediately evident; others, hidden.
“We’re going to have to be very vigilant in the next two months for abuse of the pardon power, awarding of contracts to friends and family, and destruction of records, as well as policy decisions to box in the incoming administration,” Representative Adam Schiff, the chairman of the House Intelligence Committee, who helped prosecute the case against Trump in the Senate impeachment trial earlier this year, told me.
Trump, too, may feel boxed in, and for that reason he may be more prone to acting out. Congressional investigators still want to see his tax records. Prosecutors in New York are scrutinizing his business practices. The Biden administration will face intense public pressure to examine the money that flowed to Trump’s hotels and golf clubs over the past four years.
Soon enough, Trump will be stripped of the leverage that arms presidents looking to protect their interests. As he confronts an uncertain future, he could stretch or smash the boundaries of presidential power in ways no one else has tried. He could damage the basic notion that presidents are accountable for their actions and answerable to the law. All of which makes the interregnum before Joe Biden’s swearing-in an especially precarious time.
Nicholas writes that Trump could:
1) try to pardon himself (and his compatriots)
2) try to ditch important records.
3) spout state secrets.
Read the Nicholas’ detailed arguments at The Atlantic link.
That’s it for me today. I’m going back to bed. Take care everyone!
Lazy Caturday Reads
Posted: November 14, 2020 Filed under: morning reads, U.S. Politics | Tags: 2020 presidential election, coronavirus pandemic, Donald Trump, Doug Burgum, health-care workers, hospitalizations, Joe Biden, Kristi Noem, North Dakota, South Dakota, Trump Death Cult, Trump denial of election results, vaccines 20 Comments
Cat and Butterfly by Diane Hoeptner
Good Morning!!
The coronavirus pandemic is worsening by the day, and the Trump administration refuses to do anything about it. Yesterday, the defeated “president” emerged from his hidey hole for an appearance in the former Rose Garden. He proceeded to falsely claim credit for the Pfizer vaccine and pretend that the election is still undecided.
Maeve Reston at CNN thinks Trump is beginning to accept reality: Trump wavers between reality and election fiction with eye on his legacy during Rose Garden vaccine address.
President Donald Trump had an eye on his legacy as he strode to the microphone in the White House Rose Garden Friday and touted the administration’s “unequaled and unrivaled” efforts to help produce a coronavirus vaccine through Operation Warp Speed. Then, for a brief moment, he seemed close to acknowledging the reality that his presidency is almost over.
“I will not — this administration will not be doing a lockdown,” Trump said, speaking for the first time in a week as coronavirus cases in the US shatter records and hospitalizations are surging. “Hopefully whatever happens in the future — who knows which administration it will be — I guess time will tell, but I can tell you this administration will not go to a lockdown.”
It was a fleeting shift in tone suggesting that the reality of President-elect Joe Biden’s substantial win is seeping into Trump’s psyche even as he and his advisers publicly deny it.
By Midori Yamada
The Democrat now has 306 electoral votes to Trump’s 232 as a result of wins in two longtime Republican states, Arizona and Georgia, CNN projects — far above the 270 threshold that Biden needed to clinch the presidency. But the indisputable math has not prevented the President from continuing to try to whip up outrage among his supporters on Twitter with unfounded accusations that the election has been stolen from him.
Friday’s speech in the Rose Garden was a portrait of a President clinging to power as his legal challenges to the election results crumble around him, mindful that he ought to show Americans what he’s been doing with the power of government as he spends his days tweeting conspiracy theories about lost or deleted votes in the midst of a pandemic that is coursing through the United States.
Except he isn’t really doing anything about the most pressing problem facing the country–the pandemic. Philip Bump at The Washington Post: Trump also refuses to admit he lost the fight against the coronavirus.
“Case levels are high, but a lot of the case levels are high because of the fact that we have the best testing program anywhere in the world,” he said. “We’ve developed the most and the best tests, and we test far more than any other country. So it shows obviously more cases.”
This is false for a variety of reasons. The most obvious misstatement is that the current surge in new cases, leading to 1 in every 350 Americans contracting the virus in the past week, is solely a function of more testing. In reality, the number of new cases during this surge (which began around Sept. 12) has easily outpaced the increase in the number of tests being conducted. The rate at which tests are coming back positive is more than 9 percent at the moment, twice what it was a month ago.
It’s also important to remember that the United States has conducted so many tests because we’ve had to. Countries like South Korea effectively contained the virus and therefore didn’t have to keep testing hundreds of thousands of people a week. It’s our failure to contain the virus that necessitates a broad deployment of testing….
Menagerie, by Jane Lewis
“The federal government has 22,000 beds immediately available for states and jurisdictions that need additional capacity,” Trump said Friday. “But we think that it’s going to start going down possibly very quickly. We’ll see what happens. But with the vaccine, you’ll see numbers going down within a matter of months. And it’ll go down very rapidly.”
There’s no indication that the need for hospital capacity is going to go down quickly. It’s also not clear where that federal capacity is or how states can access it. It may be the case that the vaccine will drive down new infections and hospitalizations, but even limited distribution of the vaccine is weeks away. For most Americans, it’s months away, and cases are surging now.
Read more at the WaPo.
As I wrote in a comment yesterday, I think Trump should be prosecuted for negligent homicide. At Alternet, via Raw Story, Cory Fenwick writes: The Trump plan for mass death is unfolding before our eyes.
On Friday, the COVID Tracking Project reported that the number of positive coronavirus infections in the last day had reached 170,000, the highest record ever and a number that was, just a few months ago, hard to imagine. It’s now our daily reality, and it’s likely to only get worse.
Other figures are just as frightening. Hospitalizations — one of the clearest signs of the seriousness of the out break —have reached a new high at 69,000, according to the project. Deaths are at a disturbing 1,300, though that rate is almost certain to spike in recent weeks following the more recent spike in cases. And as the newest and largest wave yet engulfs the country, reports have begun to appear of hospitals being overwhelmed with patients, which is almost certainly a precursor to a spike in the case fatality rate.
by Jane Hoptner
It’s our horrifying new status quo, and one that experts and observers have been warning would unfold this fall for months. But the ming-boggling truth is that for the Trump administration, everything is pretty much going as planned.
Ever since the first wave in the spring, President Donald Trump has seemed increasingly drawn to the so-called (and, indeed, misleadingly named) “herd immunity” approach to the pandemic. On this approach, you reject government restrictions meant to stop people from getting the virus. What advocates of this strategy believe is that it’s best that more people get the virus, because eventually, enough people will have had it, they’ll immune, and life will return to normal.
Click the link to read the rest.
This piece by Ed Yong at The Atlantic is a must read: ‘No One Is Listening to Us.’ More people than ever are hospitalized with COVID-19. Health-care workers can’t go on like this.
There’s much more at the link. I hope you’ll take the time to read it.
It’s so sad to see North Dakota, my birthplace and the state where my parents were born and raised, experiencing such a terrible health emergency. USA Today: The Dakotas are ‘as bad as it gets anywhere in the world’ for COVID-19.
South Dakota welcomed hundreds of thousands of visitors to a massive motorcycle rally this summer, declined to cancel the state fair and still doesn’t require masks. Now its hospitals are filling up and the state’s current COVID-19 death rate is among the worst in the world.
White Persian Cat, by Feridun Oral
The situation is similarly dire in North Dakota, with the state’s governor recently moving to allow health care workers who have tested positive for COVID-19 to continue working if they don’t show symptoms. It’s a controversial policy recommended by the U.S. Centers for Disease Control and Prevention in a crisis situation where hospitals are short-staffed.
And now — after months of resisting a statewide mask mandate — North Dakota Gov. Doug Burgum changed course late Friday, ordering masks to be worn statewide and imposing several business restrictions.
“Our situation has changed, and we must change with it,” Burgum said in a video message posted at 10 p.m. Friday. Doctors and nurses “need our help, and they need it now,” he said.
Both North and South Dakota now face a predictably tragic reality that health experts tell USA TODAY could have been largely prevented with earlier public health actions.
Governor Kristi Noem of South Dakota is still resisting. Sioux Falls Argus Leader: If Joe Biden enacts mask mandates, lockdowns, South Dakota Gov. Kristi Noem won’t enforce them.
The office of Gov. Kristi Noem said in a statement to the Argus Leader Friday that the first-term governor, who’s risen to stardom in the Republican party for her hands-off approach to managing the pandemic, has no intention of using state resources to enforce any federal COVID-19 orders.
“It’s a good day for freedom. Joe Biden realizes that the president doesn’t have the authority to institute a mask mandate,” said Ian Fury, communications specialist for Noem. “For that matter, neither does Governor Noem, which is why she has provided her citizens with the full scope of the science and trusted them to make the best decisions for themselves and their loved-ones.”
Famous last words?

Amaryllis and Cats, by Elizabeth Blackadder
More stories to check out today:
The New York Times: It’s Traumatizing: Coronavirus Deaths are Climbing Again.
Katlyn Polantz at CNN: Trump had a very bad Friday in court with his election cases. They’re headed for more action next week.
Politico: ‘Purely outlandish stuff’: Trump’s legal machine grinds to a halt.
The Washington Post: Federal prosecutors assigned to monitor election malfeasance tell Barr they see no evidence of substantial irregularities.
NBC News: QAnon’s Dominion voter fraud conspiracy theory reaches the president.
The Daily Beast: How Trump’s Voter Fraud War Room Became a Fart-Infused ‘Room From Hell’
Reuters: President-elect Biden, denied classified intel briefings, to bring in national security experts.
Susan Rice at The New York Times: Here’s How Trump’s Stalling Risks Our National Security.
The Washington Post: Defense secretary sent classified memo to White House about Afghanistan before Trump fired him.
The New York Times: Christopher Krebs Hasn’t Been Fired, Yet.
Have a nice weekend, Sky Dancers!
Thursday Reads
Posted: November 12, 2020 Filed under: morning reads, U.S. Military, U.S. Politics | Tags: & Wilmer, Department of Defense, Donald Trump, Fox News, intelligence agencies, Jones Day, Porter, Robert O'Brien, Trump tantrums, Wright Morris & Arthur 11 CommentsGood Morning!!
Prospects are not looking good for Trump’s efforts to overturn the election results, but that doesn’t mean he won’t do serious damage to the government in his remaining lame duck weeks. The biggest problem for the transition to a real president is that Trump’s staff and most GOP elected officials are living in fear of Trump’s tantrums.
The Daily Beast: Trump’s National Security Adviser Tells Staff: Don’t Even Mention Biden’s Name.
President Donald Trump continues to refuse to cede the election. His national security adviser, Robert O’Brien, is enabling the mayhem, four senior officials told The Daily Beast.
O’Brien—once viewed as a potential check on Trump’s erratic national security demands—endorsed the installation of a pair of Trumpists at the Pentagon’s highest levels, while a defense secretary O’Brien has long opposed was fired by tweet.
One official claimed that O’Brien has been supportive of a peaceful transfer of power, joking in a Monday event about Trump’s loss and directing his staff to begin drafting transition materials. But three other officials told The Daily Beast that O’Brien has emerged as one of Trump’s biggest enablers at a decisive moment, supporting the president’s bid to retain power even though it is being waged through a nationwide disinformation campaign….
This week, officials say, O’Brien supported the removal of several top officials at the Pentagon and favored Christopher Miller, a former NSC official who moved to the National Counterterrorism Center, to replace Esper as secretary of defense. He also approved of the installation of Kash Patel as Miller’s chief of staff, officials said. Patel worked previously under O’Brien at the National Security Council. One senior official described Miller and Patel as “O’Brien’s boys.” Patel is also said to be close with another former NSC colleague, Ezra Cohen-Watnick, who is now the Pentagon’s senior intelligence official.
A bit more:
Other officials familiar with the matter noted that O’Brien has also pushed national security officials to publicly embrace the absurd Trump message that the election has not been certified and that there are still legal battles playing out across the country that could turn in the president’s favor.
“If you even mention Biden’s name… that’s a no-go, you’d be fired,” one national security official said. “Everyone is scared of even talking about the chance of working with the [Biden] transition.”
Asked if officials in the White House feel comfortable saying Biden’s name in the West Wing, one senior White House official said, half-jokingly, “Sure, you can say his name. If you’re talking about who lost the election to the president.”
Behind closed doors, one official claimed, O’Brien has been much more forthcoming about Trump’s loss and the need to prepare for a transition. The problem, the other officials said, is that O’Brien hasn’t made that known to the commander in chief.
There’s much more interesting gossip at the Daily Beast link.
On the other hand, some right wingers are speaking up, including John Yoo, Mike DeWine, and John Bolton.
The law firms representing Trump are also getting antsy. The New York Times: Growing Discomfort at Law Firms Representing Trump in Election Lawsuits.
Jones Day is the most prominent firm representing President Trump and the Republican Party as they prepare to wage a legal war challenging the results of the election. The work is intensifying concerns inside the firm about the propriety and wisdom of working for Mr. Trump, according to lawyers at the firm.
Doing business with Mr. Trump — with his history of inflammatory rhetoric, meritless lawsuits and refusal to pay what he owes — has long induced heartburn among lawyers, contractors, suppliers and lenders. But the concerns are taking on new urgency as the president seeks to raise doubts about the election results.
Some senior lawyers at Jones Day, one of the country’s largest law firms, are worried that it is advancing arguments that lack evidence and may be helping Mr. Trump and his allies undermine the integrity of American elections, according to interviews with nine partners and associates, who spoke on the condition of anonymity to protect their jobs.
At another large firm, Porter Wright Morris & Arthur, based in Columbus, Ohio, lawyers have held internal meetings to voice similar concerns about their firm’s election-related work for Mr. Trump and the Republican Party, according to people at the firm. At least one lawyer quit in protest.
Read more at the NYT.
Yesterday another large law firm withdrew from a case in Arizona. Westlaw Today: Snell & Wilmer withdraws from election lawsuit as Trump contests Arizona results.
(Reuters) – The largest law firm representing the Trump campaign or its allies in post-election litigation challenging votes in key states has withdrawn from an election lawsuit in Maricopa County, Arizona.
Associate Presiding Civil Judge Daniel Kiley on Tuesday granted Snell & Wilmer’s request to withdraw as counsel of record for the Republican National Committee. The RNC had teamed-up with the Trump campaign and the Arizona Republican Party in the case, which alleges that Maricopa County incorrectly rejected some votes cast on Election Day.
Snell & Wilmer partners Brett Johnson and Eric Spencer first moved to withdraw on Sunday, a day after the case was filed. Johnson and Spencer did not respond to requests for comment. Snell & Wilmer chairman Matthew Feeney said the firm doesn’t comment on its client work.
Two other large law firms that have represented the Trump campaign in election litigation, Jones Day and Porter Wright Morris & Arthur, have faced an onslaught of online criticism this week from critics who say the cases erode confidence in the democratic process, sparked by a Monday New York Times story focused on the firms’ roles.
This story at The Washington Post by Philip Rucker, Josh Dawsey, and Ashley Parker suggests that Trump may be beginning to accept reality: Trump insists he’ll win, but aides say he has no real plan to overturn results and talks of 2024 run.
In 2024, Trump will be 79 years old and his dementia will have gotten much worse. But he’ll likely try to continue making our lives a living hell after he leaves the White House.
According to Mike Allen at Axios, Trump plans to form his own media company: Scoop: Trump eyes digital media empire to take on Fox News.
President Trump has told friends he wants to start a digital media company to clobber Fox News and undermine the conservative-friendly network, sources tell Axios.
The state of play: Some Trump advisers think Fox News made a mistake with an early call (seconded by AP) of President-elect Biden’s win in Arizona. That enraged Trump, and gave him something tangible to use in his attacks on the network.
- “He plans to wreck Fox. No doubt about it,” said a source with detailed knowledge of Trump’s intentions…..
Here’s Trump’s plan, according to the source:
-
There’s been lots of speculation about Trump starting a cable channel. But getting carried on cable systems would be expensive and time-consuming.
-
Instead, Trump is considering a digital media channel that would stream online, which would be cheaper and quicker to start.
-
Trump’s digital offering would likely charge a monthly fee to MAGA fans. Many are Fox News viewers, and he’d aim to replace the network — and the $5.99-a-month Fox Nation streaming service, which has an 85% conversion rate from free trials to paid subscribers — as their top destination.
I’ll believe that when I see it. Everyone needs to remember that Trump is a terrible businessman. Besides, he will have to deal with his massive debts and likely criminal charges in New York.
In the meantime, Trump has decapitated the top leadership of the Department of Defense and he may soon finish his takeover of the U.S. intelligence infrastructure.
The New York Times: Trump Stacks the Pentagon and Intel Agencies With Loyalists. To What End?
President Trump’s abrupt installation of a group of hard-line loyalists into senior jobs at the Pentagon has elevated officials who have pushed for more aggressive actions against Iran and for an imminent withdrawal of all American forces from Afghanistan over the objections of the military.
Mr. Trump made the appointments of four top Pentagon officials, including a new acting defense secretary, this week, leaving civilian and military officials to interpret whether this indicated a change in approach in the final two months of his presidency.
At the same time, Mr. Trump named Michael Ellis as a general counsel at the National Security Agency over the objections of the director, Gen. Paul M. Nakasone.
There is no evidence so far that these new appointees harbor a secret agenda on Iran or have taken up their posts with an action plan in hand. But their sudden appearance has been a purge of the Pentagon’s top civilian hierarchy without recent precedent.
Administration officials said the appointments were partly about Afghanistan, where the president has been frustrated by what he sees as a military moving too slowly to fulfill his promise that all American troops will be home by Christmas. The Pentagon announced on Wednesday that Douglas Macgregor, a retired Army colonel and fierce proponent of ending American involvement in Afghanistan, would serve as a senior adviser.
Read the rest at the NYT.
I’ll end there, and add a few more links in the comment thread. I hope everyone is doing OK. Please check in with us today if you have the time and inclination–we love to hear from you!
Thursday Reads
Posted: November 5, 2020 Filed under: just because, morning reads, U.S. Politics | Tags: 2020 presidential election results, American divided, counting votes, Donald Trump, Joe Biden, Pennsylvania, SCOTUS, Senator Bob Casey 56 Comments
Birch Grove, Isaac Levitan, 1885-89
Good Morning!!
My brain is mush this morning. I stayed up all night on Tuesday, fell asleep very early yesterday, and woke up this morning at 3:00. I’m too old for this. I wonder when we’ll know something definitive about the election results. At least we know that Biden is the winner; we just don’t know which state will put him over the top.
The best outcome would be for Pennsylvania to be called for Biden. Here’s Senator Bob Casey explaining where vote counting stands in his state as of this morning:
John Wagner has live election updates on the state of the race at The Washington Post: Biden closes in on electoral college victory; race narrows in Arizona, Georgia.
The latest …
Trump is supposedly filing lawsuits to stop vote counting in states that look bad for him, but it seems unlikely his efforts will come to anything.

Claude Monet – (1840 – 1926) Ulivi nel giardino Moreno 1884
The New York Times: With His Path to Re-election Narrowing, Trump Turns to the Courts.
With his political path narrowing, President Trump turned to the courts and procedural maneuvers on Wednesday in a last-ditch effort to stave off defeat in the handful of states that will decide the outcome of the bitterly fought election.
The president’s campaign intervened at the Supreme Court in a case challenging Pennsylvania’s plan to count ballots received for up to three days after Election Day. The campaign said it would also file suit in Michigan to halt the counting there while it pursues its demands for better access for the observers it sent to monitor elections boards for signs of malfeasance in tallying ballots, modeled on a similar suit it was pursuing in Nevada.
On Wednesday evening, Mr. Trump’s team added Georgia to its list of legal targets, seeking a court order enforcing strict deadlines in Chatham County in the wake of allegations by a Republican poll observer that a small number of ineligible ballots might be counted in one location.
In Wisconsin, which along with Michigan was called on Wednesday for his Democratic opponent, Joseph R. Biden Jr., the president’s campaign announced it would request a recount.
I think the best outcome we can hope for today is that Pennsylvania will get enough votes counted for the state to be called for Biden. That would put him over 270, and make Trump’s claims in other states irrelevant. Here’s Senator Bob Casey explaining where the Pennsylvania vote counting stands this morning.
The moves signaled Mr. Trump’s determination to make good on his longstanding threats to carry out an aggressive post-Election Day campaign to upend any result not in his favor and pursue his baseless allegations that the outcome was rigged.
But it was not clear how much effect any of his efforts would have. In Georgia, the suit is about 53 ballots, and another case in Pennsylvania is about fewer than 100.

The Road Under the Trees, Maurice de Vlaminck
The Biden camp is ready to fight back, according to Politico: Biden campaign gears up for legal warfare as he nears 270.
In a Zoom call with donors Wednesday, the aides told the group that Joe Biden was on pace to reach 270 electoral votes in short order, beaming over victories in the Midwestern states that Donald Trump flipped four years ago….
The campaign had good reason to project confidence: On Wednesday evening, Biden was on the cusp of clinching 270 electoral votes and the presidency after Michigan and Wisconsin were called in his favor.
At the same time, President Donald Trump was making specious claims of victory, cranking up unfounded grievances about stolen votes and filing lawsuits to challenge vote counts. Biden advisers moved to reassure anxious supporters as Trump declared himself the winner in states such as Pennsylvania, where hundreds of thousands of votes had yet to be tallied.
Biden’s team activated teams of attorneys in Nevada, Wisconsin, Pennsylvania and Michigan in preparation for court battles, and blasted out requests for donations to combat myriad legal challenges.
The problem for Trump is that he would have to provide actual evidence of the “fraud” he is claiming. ProPublica: If Trump Tries to Sue His Way to Election Victory, Here’s What Happens.
A hearing on Wednesday in an election case captured in miniature the challenge for the Trump campaign as it gears up for what could become an all-out legal assault on presidential election results in key swing states: It’s easy enough to file a lawsuit claiming improprieties — in this case, that Pennsylvania had violated the law by allowing voters whose mail-in ballots were defective to correct them — but a lot harder to provide evidence of wrongdoing or a convincing legal argument. “I don’t understand how the integrity of the election was affected,” said U.S. District Judge Timothy Savage, something he repeated several times during the hearing. (However the judge rules, the case is unlikely to have a significant effect; only 93 ballots are at issue, a county election official said.)
“A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.
Levitt said judges by and large have ignored the noise of the race and the bluster of President Donald Trump’s Twitter feed. “They’ve actually demanded facts and haven’t been ruling on all-caps claims of fraud or suppression,” Levitt said. “They haven’t confused public relations with the predicate for litigation, and I would expect that to continue.”
If Levitt is right, that may augur poorly for the legal challenges to the presidential election. Either way, the number of cases is starting to rapidly increase. But lawsuits will do little good unless, as in the 2000 presidential election, the race winds up being so close that it comes down to a very thin margin of votes in one or more must-win states.
Read the rest at ProPublica.

Lane at alchamps, Arles, Paul Gaugin, 1888
Trump seems to think that he can just call on “his” Supreme Court justices to overturn the results of the election. But he can’t actually do that. Zoe Tillman at Buzzfeed News: Supreme Court To Fight Election Results. Here’s What Would Need To Happen To End Up There.
In the early hours of Wednesday, with many states still going through the lawful process of tallying votes, President Donald Trump declared: “We will be going to the Supreme Court.”
That’s not how the courts work, though. With rare exceptions that don’t apply to the election, no one can simply bring a case to the US Supreme Court. Trump’s rhetoric created an appearance of legal uncertainty around the election results that doesn’t exist yet — by Wednesday evening, there were a handful of lawsuits pending, but none involved the kind of consequential fights over final vote tallies that would decide the outcome of the race.
That could change, of course. Trump’s campaign said they’ll seek a recount in Wisconsin after former vice president Joe Biden was declared the winner, and could try to go to court to challenge the results if he still lost after that. Decision Desk HQ called Wisconsin for Biden outright on Wednesday.
There’s already a case pending before the Supreme Court about whether Pennsylvania can count absentee ballots that arrive between Nov. 4 and Nov. 6, but that would only be a vehicle for deciding the election if the race came down to Pennsylvania’s 20 electoral votes — and if those as-yet-unknown number of post–Election Day ballots would change the outcome.
Regardless of whether the Trump campaign’s lawsuits succeed in stopping any ballots from being counted, they’ve underscored Trump and his campaign’s efforts to falsely question the lawfulness of ballot counting that extends beyond Election Day — something that happens in every election.











This week, officials say, O’Brien supported the removal of several top officials at the Pentagon and favored Christopher Miller, a former NSC official who moved to the National Counterterrorism Center, to replace Esper as secretary of defense. He also approved of the installation of Kash Patel as Miller’s chief of staff, officials said. Patel worked previously under O’Brien at the National Security Council. One senior official described Miller and Patel as “O’Brien’s boys.” Patel is also said to be close with another former NSC colleague, Ezra Cohen-Watnick, who is now the Pentagon’s senior intelligence official.
Trump aides, advisers and allies said there is no grand strategy to reverse the election results, which show President-elect Joe Biden with a majority of 












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