Mostly Monday Reads: Unravelling the Graft and Threat of Donald’s Campaign

“Meanwhile… at Mar-a-Lardo, debate prep is in full swing for the convicted felon and presumptive Republican presidential candidate.”  John Buss, @repeat1968

Good Day, Sky Dancers!

The media might finally be waking up to the threat to democracy and our country that Donald, his thralls, his plan, and the people who have planted themselves around him pose.  Perhaps their short attention spans have turned toward the Thursday Presidential Debate. It’s also possible that the more you know about Project 2025, the more you realize how dangerous these people are.  More news outlets are beginning to report on it.

The AP is reporting today that a “Conservative-backed group is creating a list of federal workers it suspects could resist Trump plans.” This shows how seriously the MAGA crowd is taking it.  They’re already doing the necessary research to implement it. There will be no guardrails if Donald gets back into the White House.

From his home office in small-town Kentucky, a seasoned political operative is quietly investigating scores of federal employees suspected of being hostile to the policies of Republican Donald Trump, a highly unusual and potentially chilling effort that dovetails with broader conservative preparations for a new White House.

Tom Jones and his American Accountability Foundation are digging into the backgrounds, social media posts and commentary of key high-ranking government employees, starting with the Department of Homeland Security. They’re relying in part on tips from his network of conservative contacts, including workers. In a move that alarms some, they’re preparing to publish the findings online.

With a $100,000 grant from the Heritage Foundation, the goal is to post 100 names of government workers to a website this summer to show a potential new administration who might be standing in the way of a second-term Trump agenda — and ripe for scrutiny, reclassifications, reassignments or firings.

Today, Donald will be in Sleazy Steve Scalise’s district for fundraising. I can only imagine which of the outstate Republicans will come to lay out his trough. This is reported by nola.com, the remnants of the once-great Times-Picayune.  “Donald Trump to visit New Orleans on Monday to raise cash for his presidential campaign.” I imagine our new D’ohvenor will be there to take the knee.  The Oil and Gas Companies down here will shovel cash in his direction, and there will be White Christian Nationalists to encourage his angry, hateful, bigoted tirades.

Former President Donald Trump is scheduled to visit New Orleans on Monday for a fundraiser, less than a month after he was convicted on 34 felony charges in a New York courtroom.

The first criminal conviction of a U.S. president seems to have only cleaved supporters to him even closer.

Business owner Boysie Bollinger, who is hosting Trump at his Uptown New Orleans home, said organizers were originally hoping to raise $2 million but now believe they’ll collect $5 million.

“The obvious abuse by the (legal) system has got people upset,” Bollinger said. “It’s empowered people and made them feel stronger about him having a viable chance to run a good race.”

U.S. Rep. Steve Scalise, whose district includes the slice around Tulane University that includes Bollinger’s home, will be the special guest at the event.

“The stakes have never been higher,” said Scalise, the number two Republican in the U.S. House. “The Democratic Party has moved so far to the left under Biden that Barack Obama looks like a moderate.”

Trump’s visit takes place only three days before he and President Joe Biden engage in the first televised debate of the 2024 campaign. Tens of millions of people are expected to watch the 90-minute telecast on CNN.

There’s some good news on the polling front, at least.  However, it’s still too early to count on anything.  This is from Politico, as reported by Adam Wren.  “Trump is on a fundraising blitz. But there are other warning signs for Republicans. For the first time this year, the Fox News poll had Joe Biden leading Donald Trump by two points, within the poll’s margin of error.”

For Republicans who spent much of the year crowing about Joe Biden’s weaknesses, Donald Trump’s massive fundraising haul looked like an affirmation, with the former president erasing Joe Biden’s longstanding cash advantage.

But outside of the money race, a series of other developments in recent days have left even Republicans with the impression that November may not be quite as good for the GOP as it once seemed.

First came the GOP’s underperformance in a special House race in a deep-red swath of Ohio that included a swing county. Then, after Republicans over the weekend nominated a far-right candidate for lieutenant governor in Indiana, a top national GOP lawyer predicted a “serious” threat to the top of the ticket even in the heart of MAGA country.

Now, new polling from Fox News shows an 11-point swing in President Joe Biden’s favorability among independents: They prefer Biden by 9 points, a reversal from May, when they favored Trump by 2 points.

For the first time this year, the poll has Biden leading Trump by two points, 50-48, within the margin of error.

Trump may be raking in donations. But across the country, the mood of Republicans has dimmed, according to nearly a dozen Republican operatives, county chairs and current and former GOP officials. It comes amid ongoing concerns about the effect of abortion on Republican candidates. And it follows defections from Trump in the primaries and, most recently, polling that has found Trump’s conviction in his New York hush-money trial hurting him with independents.

There’s also evidence that young voters back Biden/Harris in another poll reported by The Hill. “Young voters backing Biden over Trump by 23-point margin: Poll.”  However, this news is no reason to be complacent about anything.  Back to Project 2025.  The Guardian Explainer is one source to get basic information. “What is Project 2025, and what does it have to do with a second Trump term? Conservatives have created a guide for how Trump and allies could dismantle the US government if he wins the election.”  This is from May of this year.  Remember, the AP is already reporting they’re preparing to implement the plan.

The June edition of The Nation also provided a primer on what the plans will do. “Why Trump’s Second Victory Would Be Worse. There’s now a real, organized effort to transform his resentments and impulses into policy. It’s called Project 2025.”  This effort was organized by Robert L. Borosage.

How far might Donald Trump go, if given a second chance? The estimates range from dictatorship to a rerun of his first term, when indolence, ignorance, and incompetence mitigated his menace.

But this time promises to be different—and far worse. Trump’s tempestuous stump performances, which meld vaudeville with venom, provide a clue. He has repeatedly promised to round up and deport millions of immigrants, pardon the January 6 offenders, prosecute his persecutors, impose tariffs on all imports—perhaps higher than 60 percent on goods from China—and “Drill, baby, drill!”

What’s different this time, as this special issue details, is that there is now an organized effort to transform Trump’s resentments and impulses into policy. Trump’s MAGA acolytes have not only dethroned the Republican establishment in Congress and red-state legislatures; they have taken over the party’s think tanks, including the Heritage Foundation, once the bastion of Reagan conservatism.

Now these MAGA operatives are, in the words of Heritage president Kevin D. Roberts, intent on “institutionalizing Trumpism.” The foundation’s Project 2025 includes a 900-page book, Mandate for Leadership, that lays out a Trumpist agenda for every corner of the government; a still-secret 180-day Transition Playbook for the first six months in office; a right-wing version of LinkedIn to recruit and vet candidates for political appointment; and a Presidential Academy to train them.

The essays in this issue describe core aspects of what is more assault than agenda, revealing how Project 2025 turns Trump’s insults and grievances into policy predicates. The result is a chilling guidebook to a second Trump term.

Please check it out.  Donald and his minions and thralls are always up to something.  BB pointed me to Emptywheel, where Marcy writes this.  With Putin reportedly learning Mandarin, this paints a very unpleasant landscape. “AN EGYPTIAN BANK CLAIMED DETAILS OF A SUSPECTED $10 MILLION PAYMENT TO TRUMP MIGHT BE IN CHINA.”

Back on September 19, 2018, then DC Chief Judge Beryl Howell denied a motion brought by an Egyptian bank to quash a subpoena for information on a suspected $10 million payment made to then-candidate Trump in fall 2016. That set off litigation that continued, at the District, Circuit, and Supreme Courts, for at least nine months.

As CNN described in 2020, not long after the investigation got shut down under Bill Barr, investigators had been trying to see whether Egypt (or some entity for which Egypt served as go-between) provided the money that Trump spent on his campaign weeks before the election.

For more than three years, federal prosecutors investigated whether money flowing through an Egyptian state-owned bank could have backed millions of dollars Donald Trump donated to his own campaign days before he won the 2016 election, multiple sources familiar with the investigation told CNN.

The investigation, which both predated and outlasted special counsel Robert Mueller’s probe, examined whether there was an illegal foreign campaign contribution. It represents one of the most prolonged efforts by federal investigators to understand the President’s foreign financial ties, and became a significant but hidden part of the special counsel’s pursuits.

The investigation was kept so secret that at one point investigators locked down an entire floor of a federal courthouse in Washington, DC, so Mueller’s team could fight for the Egyptian bank’s records in closed-door court proceedings following a grand jury subpoena. The probe, which closed this summer with no charges filed, has never before been described publicly.

Prosecutors suspected there could be a link between the Egyptian bank and Trump’s campaign contribution, according to several of the sources, but they could never prove a connection.

It took months of legal fight after Judge Howell denied that motion to quash before the Egyptian bank in question complied, and once they got subpoena returns, prosecutors repeatedly complained that the bank was still withholding information, which led prosecutors to reopen the investigation with a new grand jury.

That much we know from documentation unsealed back in 2019 (part onepart twopart three), in response to a Reporters Committee for Freedom of the Press request for unsealing.

On August 17, 2023, while she was still Chief Judge, Beryl Howell ordered the government to post newly unsealed sets of some of the orders she issued during the litigation. On Thursday, Chief Judge Boasberg ordered that newly redacted set of opinions to be released. While Howell released six opinions in June 2019 along with the other materials from the case — with redactions done digitally, thereby hiding the length of redactions — just three new versions of her orders got released last week:

These may be limited to orders incorporated as appendices in prior appeals, which might also explain why the first two appear twice in the newly-released materials.

Much of the newly unsealed material pertains to a fight over how much Alston & Bird, the law firm representing the Egyptian bank, could say about the litigation publicly

Feeling any better?  So, not only Russia but also China was actively backing Trump in the 2016 election.  ABC News has some more background on the Documents case, which is languishing in Loose Cannon’s court.  “Special counsel probed Trump Mar-a-Lago trip that aides ‘kept quiet’ weeks before FBI search: Sources. One witness was told Trump was “checking on the boxes,” sources said.”  

A trip to Mar-a-Lago taken by former President Donald Trump that aides allegedly “kept quiet” just weeks before FBI agents searched the property for classified materials in his possession raised suspicions among special counsel Jack Smith’s team as a potential additional effort to obstruct the government’s classified documents investigation, sources familiar with the matter told ABC News.

The previously unreported visit, which allegedly took place July 10-12 in the summer of 2022, was raised in several interviews with witnesses, sources familiar with the matter said, as investigators sought to determine whether it was part of Trump’s broader alleged effort to withhold the documents after receiving a subpoena demanding their return.

At least one witness who worked closely with the former president recalled being told at the time of the trip that Trump was there “checking on the boxes,” according to sources familiar with what the witness told investigators.

Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get them back. His longtime aide, Walt Nauta, and Mar-a-Lago property manager Carlos De Oliveira pleaded not guilty to related charges.

I’m glad more details on the Crime Spree, which is the Trump Campaign, are coming out.  It may not impact the red state thralls, but it sure would play well with Independents and young voters if the Biden/Harris campaign can motivate them to turn out.

Anyway, Happy Monday!  We’ll have a live thread on the night of the debate. However, WordPress has had endless problems lately since they made changes involving Jet Pack. It’s getting impossible for me to even comment on my post. I’ll try to call them on Wednesday, which is a day off from student time for me.

What’s on your reading and blogging list today?


Lazy Caturday Reads

Happy Caturday!!

Cat Thief, by Pil Hwa

Cat Thief, by Pil Hwa

Not surprisingly, there is quite a bit of Supreme Court news today. The right wing justices seem determined to help Trump prevent his criminal trials from going forward before the November election. We are waiting for SCOTUS to release a decision on Trump’s claim of “presidential immunity” for crimes he committed in office, and it looks like they are going to hold off announcing that decision until the bitter end.

And, of course, District Court Judge Aileen Cannon is working to help Trump avoid being tried for stealing and hoarding top secret government documents in a bathroom, a ballroom stage, an unsecure storage area, and of course, in his bedroom and even his desk.

Here’s the latest on the Supreme Court’s activities:

Josh Fiallo at The Daily Beast: What the Hell Is Going on With the Supreme Court’s Trump Ruling?

The Supreme Court released a slew of new rulings on Friday morning, but, once again, none of them included the decision weighing heaviest on Americans’ minds—whether Donald Trump should be granted king-like immunity for his criminal indictments.

Friday marks 114 days since the case was accepted by the high court—an inexcusable amount of time to rule on something so consequential to the country, a top legal expert tells The Daily Beast.

Laurence Tribe, a constitutional law professor at Harvard University, said Friday it’s clear that the Supreme Court, which has operated with a comfortable conservative majority since Trump’s presidency, is doing the ex-president’s bidding.

With each day that passes without a decision, the chances of a Trump trial before the 2024 election grow slimmer.

“They’re obviously delaying to benefit Donald Trump,” he said.

Tribe said, realistically, an appropriate time for the court to reach a decision on Trump would have been sometime in December, and Trump’s trial would’ve been completed by now.

Instead, it’s taken the Supreme Court more than twice the time to rule on Trump’s immunity—a matter an appeals court comprehensively rejected—than it took to rule on the much more complex United States vs. Richard Nixon case, which took 54 days.

What’s more, the arguments in Trump’s case were so outlandish that it should have been easy for the court to dispatch with them quickly, one former Supreme Court law clerk said this week.

Robert Reich agreed, saying that the court is in effect giving Trump immunity by their delay tactics. Another legal expert, Robert J. DeNault, told Fiallo:

While just a theory, he said it’s possible the court is contemplating two things—slating Trump’s case for “re-argument,” which would delay things even longer, or potentially ruling that special prosecutors like Jack Smith, whose team brought the election-subversion charges at the heart of Trump’s case, are unconstitutional

With their slow-walking of this case, the court has deliberately interfered in the 2024 election.

Wooster and Sauce, by Richard Adams

Wooster and Sauce, by Richard Adams

Lia Litman, a professor at the University of Michigan Law School and former court clerk to Justice Anthony Kennedy, published an op-ed at The New York Times on June 19: Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case.

For those looking for the hidden hand of politics in what the Supreme Court does, there’s plenty of reason for suspicion on Donald Trump’s as-yet-undecided immunity case given its urgency. There are, of course, explanations that have nothing to do with politics for why a ruling still hasn’t been issued. But the reasons to think something is rotten at the court are impossible to ignore.

On Feb. 28, the justices agreed to hear Mr. Trump’s claim that he is immune from prosecution on charges that he plotted to subvert the 2020 election. The court scheduled oral arguments in the case for the end of April. That eight-week interval is much quicker than the ordinary Supreme Court briefing process, which usually extends for at least 10 weeks. But it’s considerably more drawn out than the schedule the court established earlier this year on a challenge from Colorado after that state took Mr. Trump off its presidential primary ballot. The court agreed to hear arguments on the case a mere month after accepting it and issued its decision less than a month after the argument. Mr. Trump prevailed, 9-0.

Nearly two months have passed since the justices heard lawyers for the former president and for the special counsel’s office argue the immunity case. The court is dominated by conservatives nominated by Republican presidents. Every passing day further delays a potential trial on charges related to Mr. Trump’s efforts to remain in office after losing the 2020 election and his role in the events that led to the storming of the Capitol; indeed, at this point, even if the court rules that Mr. Trump has limited or no immunity, it is unlikely a verdict will be delivered before the election….

Mr. Trump’s lawyers put together a set of arguments that are so outlandish they shouldn’t take much time to dispatch. Among them is the upside-down claim that, because the Constitution specifies that an officer who is convicted in an impeachment proceeding may subsequently face a criminal trial, the Constitution actually requires an impeachment conviction before there is any criminal punishment.

That gets things backward: The Constitution confirms that impeachment is not a prerequisite to criminal prosecution. And yet Mr. Trump’s lawyers continued to take the untenable position, in response to questioning, that a president who orders the assassination of a political rival could not face criminal charges (absent impeachment by the House and conviction in the Senate).

It does not take weeks to explain why these arguments are wrong.

Read the whole thing at the NYT.

On another issue, Justice Sonia Sotomayor suggests that previously decided marriage rights could soon be in jeopardy. The New Republic: Sotomayor Issues Dire Warning on Supreme Court Ruling on Noncitizens.

In a ruling delivered Friday, the Supreme Court decided 6–3 that U.S. citizens have no constitutional interest in their noncitizen spouses being able to enter the United States—despite the fact that a married person has an inherent interest in their spouse being able to live in the same country as they do. Supreme Court Justice Sonia Sotomayor warned the ruling is an obvious sign the court will seek to overturn protections for marriage equality next.

Sotomayor issued a dire warning in her dissent, accusing the conservative supermajority of chipping away at constitutional protections for married couples and saying they’re making “the same fatal error” as they did in Dobbs v. Jackson, the 2022 Supreme Court ruling that overturned federal abortion protections.

By Stephanie Lambourne

By Stephanie Lambourne

“The majority, ignoring these precedents, makes the same fatal error it made in Dobbs: requiring too ‘careful [a] description of the asserted fundamental liberty interest,’” Sotomayor wrote. “The majority’s failure to respect the right to marriage in this country consigns U.S. citizens to rely on the fickle grace of other countries’ immigration laws to vindicate one of the ‘basic civil rights of man’ and live alongside their spouses.”

The case involved Sandra Muñoz, a U.S. citizen whose husband was denied a visa by the U.S. consulate in El Salvador. That denial came from a broad provision in U.S. immigration law that disqualifies a person from obtaining a visa if the consulate knows “or has reasonable ground to believe” that a person is trying to enter the U.S. “to engage solely, principally, or incidentally in” unlawful activity. Her husband was denied because of tattoos he has, which a court-appointed gang tattoo expert later determined were not gang-related.

Muñoz sued the State Department, arguing that her husband’s inexplicable denial of entry into the U.S. infringed on her constitutional liberty interest in her husband’s visa application and their inability to start a life together in the U.S. In upholding the denial, the Supreme Court’s conservative justices decided not just that the State Department doesn’t need to provide reason for denying a visa but that a citizen’s right to be married doesn’t supersede the state’s strict, and often questionable, immigration processes. The conservative supermajority of the Supreme Court’s ruling chips away at the core of Obergefell v. Hodges—the landmark ruling that legalized same-sex marriage in 2015—which decided that citizens have a right to marriage.

In her dissent, Sotomayor cast urgent warnings on the impact of restricting who is allowed to be married in the U.S., noting that the conservative decision will extend to couples “like the Lovings and the Obergefells, [who] depend on American law for their marriages’ validity.”

We knew this was coming. Clarence Thomas told us so after the Dobbs decision.

Yesterday, Judge Aileen Cannon began holding hearings on the question of whether the appointment of  Special Counsel Jack Smith was unconstitutional.

Gary Fineout and Kyle Cheney at Politico: Judge Cannon wants to know whether Merrick Garland is supervising Jack Smith.

The federal judge overseeing Donald Trump’s classified documents case grilled special counsel Jack Smith’s prosecutors Friday on how closely Attorney General Merrick Garland oversees their work.

Under persistent questioning from U.S. District Judge Aileen Cannon, the prosecutors declined to divulge details and seemed caught off-guard by the inquiries. At one point, Smith deputy James Pearce said he was “not authorized” to discuss the level of communication that occurred between the attorney general and the special counsel.

“I don’t want to make it seem like I’m hiding something,” Pearce then said.

The questioning came at the end of a five-hour hearing focused on a long-shot effort by Trump to have the charges against him thrown out. Smith has accused Trump of hoarding national secrets at his Mar-a-Lago estate after his presidency and obstructing the government’s efforts to retrieve them.

Trump contends that Smith’s appointment by Garland as special counsel in November 2022 is unconstitutional and that Smith lacked the legal authority to bring the case against the former president.

Sophie Sperlich's Solo Cat

Sophie Sperlich’s Solo Cat

Though other courts have uniformly swept aside similar challenges to the validity of special counsel appointments, Cannon — a 2020 Trump appointee to the bench — scheduled lengthy oral arguments on the matter, a sign that she was taking it seriously. During Friday’s proceedings, she gave little indication of how she intends to rule….

In questioning prosecutors about Garland’s supervision, Cannon seemed to be trying to determine how much independent authority Smith has in practice.

Smith’s team, led by Pearce, sharply rebutted arguments that Smith’s appointment was illegal and described Smith’s role as an uncontroversial exercise of Garland’s ability to organize the Justice Department as he sees fit. Pearce emphasized that Smith was “in compliance” with longstanding Justice Department rules and regulations regarding his appointment and his handling of the case.

The exchanges marked the beginning of a three-day stretch of intense hearings called by Cannon that will continue Monday and Tuesday. Monday’s hearing will focus on another aspect of Trump’s effort to invalidate Smith’s appointment — a claim that he is being improperly funded by an indefinite Justice Department budget line item.

The judge’s intense dive into an issue that has been brushed aside by most other courts has caused head-scratching in the legal community and drawn renewed criticism of her handling of the sensitive case. Adding to the unusual dynamic: Cannon permitted three outside experts — two in favor of Trump’s position and one in favor of Smith’s — to address the court for 30 minutes apiece, nearly unheard of in criminal matters.

The good news is that if Cannon does decide that Smith was illegally appointed, he will be able to appeal the decision to the 11th Circuit Court of Appeals–which is why Cannon probably won’t decide that. She’ll just keep wasting time until it’s too late to try the case before the election.

The rest of this post is devoted to insane Trump news, so be forewarned.

Asawin Suebsaeng and Adam Rawnsley at Rolling Stone: Trump’s Not ‘Bluffing’: Inside the MAGA Efforts To Make a Second Term Even More Extreme.

“OF COURSE WE aren’t fucking bluffing.” That’s the message one close Trump adviser and former administration official — who requested anonymity to speak candidly — wants to get across to the press and public, when asked about Donald Trump’s 2024 campaign vows of “retribution,” unprecedented force, and militaristic action. 

Indeed, this sentiment is shared widely among the upper echelon of Trumpland and the MAGAfied Republican Party, with various officials and conservatives with a direct line to the former president insisting that so-called “moderates” or alleged “establishment” types will be tamed or purged, if Trump retakes power next year.

Rolling Stone spoke with a dozen sources who are playing roles in Trump’s “government-in-waiting” or are in regular contact with the ex-president, including GOP lawmakers, Trump advisers, MAGA policy wonks, conservative attorneys, and former and current Trump aides. They universally stress that the former (and perhaps future) U.S. president and top allies are serious about following through on his extreme campaign pledges. These promises run the gamut from siccing active duty military units on not just American cities but also Mexican territory, all the way to prosecuting and potentially imprisoning Trump foes.

Several of these sources say that a wide range of litmus tests, loyalty screenings, and “guardrails” are already being implemented, or discussed with Trump, to root out so-called “RINOs” (Republicans in Name Only) and MAGA-skeptical conservatives from embedding themselves within a possible second Trump administration. These processes would be largely aimed at drastically curtailing the number of squishy Republican officials who would be able to get in Trump’s ear to, in the words of one GOP lawmaker on Capitol Hill, try to “scare Trump off of what needs to be done or should be.” This lawmaker cited former senior administration officials such as Mark Esper and John Kelly who, at times, urged the then-president to moderate his policy desires.

The long engagement, by Susan Herbert

The long engagement, by Susan Herbert

One idea regularly kicked around Trump’s government-in-waiting is a dramatic increase in the use of “lie detectors” across the federal apparatus, to root out or charge leakers and other subversives. These devices, called polygraphs, are frequently unreliable and inadmissible in courts of law….

Sources close to the former president and several of those counseling him on second-term policy add that one big reason they feel confident a revived Trump White House won’t be, in their minds, tamed in the ways it was during the first term is because Trump presumably won’t be running for reelection….

Further, many of Trump’s political and policy allies feel emboldened by the federal judiciary being (thanks to Trump) significantly more right-wing than it was when he first came into office. This would allow Team Trump, in the words of one conservative attorney close to the ex-president, to “get away with a lot more” than elected Republicans used to, in the face of an expected barrage of constitutional challenges to their executive actions or policies, if Trump wins in November.

There’s more at the link if you can get past the paywall. I got through by just wiping out my search history.

Politico: Trump keeps flip-flopping his policy positions after meeting with rich people.

Donald Trump privately hinted at a shift in immigration policy at a Business Roundtable meeting last week. He told the group “we need brilliant people” in this country, according to one of the attendees, who was granted anonymity to describe a private meeting. And when he talked about finding ways to keep American-educated talent at home, some top CEOs, like Apple’s Tim Cook, were seen nodding their heads.

The public move came a week later: On “The All-In Podcast” on Thursday, Trump said foreign nationals who graduate from U.S. colleges and universities should “automatically” be given a green card upon graduation.

It was the latest major policy shift from a candidate who has proven equal parts hardline and chameleon-like over time. Trump’s pivot on immigration followed his reversal on TikTok, embracing an app he once tried to ban, and his shift on cryptocurrency.

To the former president’s allies, the reversals are evidence of a nuanced politician taking thoughtful new positions on rapidly changing issues.

But there is also plainly a pattern of Trump aligning his political stances with the views of wealthy donors and business interests.

An automatic green card on graduation? Wouldn’t that attract even more immigrants to the U.S.? And hasn’t Trump said he was going deport all immigrants, whether they are here legally or not? I wonder how Stephen Miller feels about this latest Trump policy?

More on the green card promise from Chris Cameron at The New York Times: Trump Says He Would Give Green Cards to All Foreign College Students at Graduation.

Donald J. Trump said he would push for a program that would automatically give green cards to all foreign college students in America after they graduate, a reversal from restrictions he enacted as president on immigration by high-skilled workers and students to the United States.

But hours after Mr. Trump’s remarks aired, his campaign’s press secretary, Karoline Leavitt, walked back the former president’s comments, saying in a statement that there would be an “aggressive vetting process” that would “exclude all communists, radical Islamists, Hamas supporters, America haters and public charges” and that the policy would apply only to the “most skilled graduates who can make significant contributions to America.”

By Dee Nickerson

By Dee Nickerson

Appearing with the host David Sacks, a Silicon Valley investor who backs the former president’s 2024 campaign, on a podcast that aired Thursday afternoon, Mr. Trump had repeated his frequent criticism of high levels of immigration as an “invasion of our country.” But he was then pressed by Jason Calacanis, another investor who hosts the podcast, to “promise us you will give us more ability to import the best and brightest around the world to America.”

“I do promise, but I happen to agree,” Mr. Trump said, adding “what I will do is — you graduate from a college, I think you should get automatically, as part of your diploma, a green card to be able to stay in this country, and that includes junior colleges.”

It would have been a sweeping change that would have opened a vast path to American citizenship for foreigners. The State Department estimated that the United States hosted roughly one million international students in the academic year that ended in 2022 — a majority of whom came from China and India. The United States granted lawful permanent residence to roughly one million people during the year that ended in September 2022, so such a policy change would significantly increase the number of green cards issued.

Mr. Trump suggested on the podcast that he had wanted to enact such a policy while in office but “then we had to solve the Covid problem.” The Trump administration invoked the pandemic to enact many of the immigration restrictions that officials had wanted to put in place earlier in Mr. Trump’s term.

Mr. Trump also lamented “stories where people graduated from a top college or from a college, and they desperately wanted to stay here, they had a plan for a company, a concept, and they can’t — they go back to India, they go back to China, they do the same basic company in those places. And they become multibillionaires.”

It’s crazy, but obviously it will never happen.

Luke Broadwater at The New York Times: On the House Floor, Republicans Gag Mentions of Trump’s Conviction.

The history-making felony conviction of former President Donald J. Trump has raised some historic questions for the House’s rules of decorum, which have existed for centuries but can be bent to the will of whichever party controls the majority-driven chamber.

The Republicans who now hold the majority have used those rules to impose what is essentially a gag order against talking about Mr. Trump’s hush-money payments to a porn actress or about the fact that he is a felon at all, notwithstanding that those assertions are no longer merely allegations but the basis of a jury’s guilty verdict. Doing so, they have declared, is a violation of House rules.

Scene from a Train, by Richard Adams

Scene from a Train, by Richard Adams

In short, perhaps the only place in the United States where people are barred from talking freely about Mr. Trump’s crimes is the floor of what is often referred to as “the people’s House,” where Republicans have gone so far as to erase one such mention from the official record.

In recent weeks, Republican leaders have cracked down on Democrats who refer to Mr. Trump’s court cases on the floor, citing the centuries-old rules of decorum, which date back to the days of Thomas Jefferson. Merely mentioning that Mr. Trump is a felon prompts an admonishment from whomever is presiding when the offending fact is uttered. (Mr. Trump is also indicted on felony charges in cases related to his handling of classified documents and attempting to overturn the 2020 election.)

“The chair would remind members to refrain from engaging in personalities toward presumptive nominees for the office of the president,” is now a common phrase heard in the chamber after the mention of the words “Trump” and “felon.”

On one occasion, Republicans barred Representative Jim McGovern, Democrat of Massachusetts, from speaking for the rest of the day and deleted his comments from the Congressional Record after he railed against Mr. Trump and his court cases.

“When they censor any mention of Donald Trump’s criminal convictions, they are essentially trying to ban a fact,” Representative Jamie Raskin of Maryland, the top Democrat on the Oversight Committee, said in an interview. “I am not aware of any precedent where factual statements have been banned in our lifetime.”

So what else is new?

At The New Republic, Greg Sargent writes that Trump will try to blame Biden for crimes committed by immigrants: Trump Just Revealed How He’ll Attack Biden at Debate—and It’s Vile.

You can’t say you weren’t warned: At the upcoming presidential debate on June 27, Donald Trump plans to highlight a handful of horrific murders—allegedly by undocumented migrants—and blame them on President Biden. We know this because Trump told us so right on his Truth Social feed.

“We have a new Biden Migrant Killing—it’s only going to get worse, and it’s all Crooked Joe Biden’s fault,” Trump seethed, referring to the horrible death of a 12-year-old Texas girl. “I look forward to seeing him at the Fake debate on Thursday. Let him explain why he has allowed MILLIONS of people to come into our Country illegally!”

Now that Trump has telegraphed this coming assault, the Biden campaign has time to prepare a response. What should it be?

First, let’s be clear on why this line of attack is pure nonsense. Trump and MAGA figures have aggressively highlighted such killings lately, in many forms: Trump sometimes brings up victims at campaign events. MAGA lawmakers put them on T-shirts. Fox News airs visuals of migrant mug shots. And as Aaron Rupar shows, Fox sometimes even puts individual crimes in chyrons.

The argument is always that Biden’s policies are to blame for these horrors. But at the most obvious level, this is absurd, because immigrants do not commit crimes at higher rates than native-born Americans do. That includes undocumented immigrants. There is no link between immigration and violent crime.

Of course, the real Trump-MAGA message is that all undocumented immigrants should be presumed violent and dangerous, regardless of what any pointy-headed statistics say. MAGA figures are highlighting specific killings to smear millions—that is, they’re arguing by anecdote.

But even at the anecdotal level, the claims implode under scrutiny. Take Rachel Morin, a young mother who was horrifically murdered in Maryland, allegedly by a migrant from El Salvador. Trump highlighted her at a recent rally, and MAGA figures regularly cite her to criticize Biden’s new legal protections for the undocumented spouses of U.S. citizens.

We’ll just have to wait and see what happens on Thursday. I’m sure Trump’s behavior will be deranged and nonsensical. I don’t know if I can stand to watch it. At least we know that their mikes will be shut off while the other candidate is speaking.

That’s all the politics news I have for you today. I hope the cat art will make it somewhat bearable.


Finally Friday Reads! Putting the Lousy in Lousyiana

“Of course, Donald gets his cake and eats it too. SCOTUS gives him a nice birthday gift.” John Buss, @Repeat1968

Good Day, Sky Dancers!

It’s a busy news day.  The Supremes and the Loose Cannon are busy slowing down the many prosecutions of Donald the Traitorous.  Today is the second anniversary of the Dobbs Decision.  The Court released another decision today that was sound. Supreme Court Upholds Law Disarming Domestic Abusers. The justices rejected a Second Amendment challenge to a federal law that makes it a crime for people subject to domestic violence restraining orders to possess a gun.”  This was reported today in the NYT by Adam Liptak.

The Supreme Court ruled on Friday that the government may disarm a Texas man subject to a domestic violence order, limiting the sweep of its earlier blockbuster decision that vastly expanded gun rights.

That decision, issued in 2022, struck down a New York law that put strict limits on carrying guns outside the home. It also established a new legal standard for assessing laws limiting the possession of firearms, one whose reliance on historical practices has sown confusion as courts have struggled to apply it, with some judges sweeping aside gun control laws that have been on the books for decades.

The new case, United States v. Rahimi, explored the scope of that new test. Only Justice Clarence Thomas, the author of the majority opinion in the 2022 decision, dissented.

Writing for the majority, Chief Justice John G. Roberts Jr. said that Second Amendment rights had limits.

“When a restraining order contains a finding that an individual poses a credible threat to the physical safety of an intimate partner, that individual may — consistent with the Second Amendment — be banned from possessing firearms while the order is in effect,” he wrote. “Since the founding, our nation’s firearm laws have included provisions preventing individuals who threaten physical harm to others from misusing firearms.”

The case started in 2019 when Zackey Rahimi, a drug dealer in Texas, assaulted his girlfriend and threatened to shoot her if she told anyone, leading her to obtain a restraining order. The order suspended Mr. Rahimi’s handgun license and prohibited him from possessing firearms.

Mr. Rahimi defied the order in flagrant fashion, according to court records.

He threatened a different woman with a gun, leading to charges of assault with a deadly weapon. Then, in the space of two months, he opened fire in public five times.

Now, if gun dealers would just follow the law.  We’re still waiting for the big decision on absolute immunity.  It’s now unlikely Donald will be put to trial for his insurrection.  We also remember the murders of Andrew Goodman, James Chaney, and Michael Schwerner as they fought for voting rights.  If you haven’t watched the movie Mississippi Burning, you really should.   Here’s a link to the FBI site and information on the case.

60 years later, we still struggle to achieve the ability to vote for every eligible voter.

And in other news, the state of Louisiana is getting national attention for going after the separation of Church and State.  When people think of Louisiana, they usually think of good food, music, and fun!  It’s a beautiful, diverse state in terms of geography and people. Now we’re in the headlines for this utter idiot that a very small number of people voted into the Governor’s House.  The biggest lesson here is to go vote no matter what!  Despite SCOTUS’s decisions over the years, he’s itching to take this case to court.  Governor Klandry wants the state to create posters of the White Christian Nationalists’ version of the 10 commandments in every Louisiana public school classroom. The funny thing is the bill that’s now signed into law has 11 commandments.  There are so many versions that you wonder why the Calvinist version always takes precedence. Oh, yes, White Christian Evangelicals want the ones positing the most control.

Still, I wonder if having a rainbow in your classroom is “grooming,” why is having to explain adultery to a kindergartner something else?  Given the Dobbs Anniversary today, I’m not sure we rely on stare decisis.  Remember when the late and not-so-great Roy Moore tried to get them displayed at Alabama courthouses?  That didn’t go over so well with the court.  Neither did the attempt to put them in classrooms in 1978. This current law violates longstanding Supreme Court precedent and the First Amendment. Stone v. Graham, the Supreme Court overturned a similar state statute.   The finding stated that the First Amendment bars public schools from posting the Ten Commandments in classrooms.  That was over 40 years ago. But remember, they ignored all kinds of precedents to dump Roe and are gunning for birth control. We need to vote and be vigilant

I found this CNN interview with Louisiana State Representative Lauren Ventrella conducted by Boris Sanchez. She actually makes Marjorie Taylor Greene seem a bit less unhinged. She screams and interrupts so much that it’s difficult to watch. At one point, she attacks the interviewer personally. (Check the tape at 2:54)   I can’t believe these Republican women are getting more obnoxious than Michelle Bachman. At least this one wears professional clothing well do performance politics.  Moses was that the first historical law giver. That would be Babalyonia’s Hammarubi about 500 years prior to the entire mountain event.  The first time I went to the Louvre I had my exhusband take a picture of me standing next to a stone displaying his code.  He presented 282 case laws over all kinds of subject areas too.  That’s how impressed with it I was when I was studying ancient history in grade school and at university.

Much of the political press is yammering on about Trump’s big fundraising leap and speculation about the VEEP Sweepstakes with folks even saying Marco Rubio might be a game changer.  However, let’s not forget the main point about Trump which is what my state did when the looked at the last govenor’s race and sat it out. his is from Stephen Robinson writing at Public Notice. ” Don’t be gaslit: Trump’s corruption is unparalleled. His egregious self-dealing is disqualifying no matter how much Republicans yell about Hunter Biden.”  The author calls the move “classic swift-boating.”

“While I am not mandated to do this under the law, I feel it is visually important, as President, to in no way have a conflict of interest with my various businesses,” Trump tweeted on November 30, 2016.

It quickly became clear, however, that Trump’s divestment plan was a joke: He merely turned over active control to his two sons, Don Jr. and Eric, which hardly satisfied ethics experts. For instance, Richard Painter, former ethics counsel to Presidents George W. Bush and Barack Obama, argued that Trump should “put all his conflict-generating assets in a true blind trust run by an independent trustee.”

Trump held a press conference a week before his inauguration that was supposed to clarify how he planned to hand the family business over to his sons. However, the documents placed next to him as evidence of his complex financial preparations were just props, binders filled with blank paper.

There’s no way we can face any more of his monkey business in the Oval Office.  However, there’s another court trying slow down the application of Justice.  This is from Politico. “Is Jack Smith’s appointment constitutional? Trump’s Florida judge is set to decide. A hearing starting Friday will delve into Trump’s claim that the special counsel lacks authority.”  It’s hard to see such frivolous issues tie things up.  This is written by Kyle Cheney and Josh Gerstein.

Special counsel Jack Smith’s case against Donald Trump for allegedly stealing national security secrets is on trial Friday — just not in the way Smith intended.

U.S. District Judge Aileen Cannon has punted the case indefinitely and seems many months away from preparing it to go before a jury (assuming the case even makes it that far). Meanwhile, she has scheduled a multi-day hearing in her Fort Pierce, Florida, courtroom focused on whether Smith, the prosecutor leading the case, was unconstitutionally appointed or is otherwise acting without legal authority.

The claim is a far-fetched bid by Trump to scuttle the case altogether. Numerous courts have rejected nearly identical constitutional challenges to other special counsels.

And in a case that has moved like molasses for a year, Cannon’s decision to devote substantial time and resources to the argument is just the latest, and perhaps most blatant, example of her unusual approach. Her management of the case has frustrated the special counsel’s team and prompted critics to accuse her of being in the tank for Trump, who appointed her to the bench during his final year in office.

And in a case that has moved like molasses for a year, Cannon’s decision to devote substantial time and resources to the argument is just the latest, and perhaps most blatant, example of her unusual

The hearing on Trump’s challenge to Smith’s authority is set to begin Friday and to continue Monday morning. Later on Monday, Cannon plans to hear arguments on Smith’s request for an order barring Trump from lying about the FBI raid of Mar-a-Lago that led to the criminal charges in the case. And then, on Tuesday, Cannon has scheduled an additional hearing on another Trump motion that could derail the case.

This comes after it was reported that at least two colleagues approached her to ask her to not take the case. Here’s some information on that.  This is from LA Magazine. “Judge Aileen Cannon Rebuffed Senior Colleagues’ Plea to Step Aside From Trump’s Classified Documents Case. Cannon is the first judge in American history to preside over a criminal trial of the president who nominated that judge.”

New reports came out Thursday from the New York Times that Judge Aileen Cannon was encouraged to step aside by senior judges from her position as the assigned judge to ex-president Donald Trump’s classified documents case.

In June 2023, Trump-appointed Judge Aileen Cannon was just two years and seven months into her tenure as a federal judge for the Southern District of Florida, her first job as a judge, when she was assigned one of the highest-profile cases of our time — namely, the prosecution of Donald Trump in the classified documents case.

After Cannon was assigned the case a year ago, private expressions of Cannon-related concerns were raised across the courthouse due to her experience and lack of impartiality by her own colleagues.

Two senior judges — Chief Judge Cecilia M. Altonaga was one — waged an extraordinary effort to privately urge Cannon to step aside and allow a judge with more time on the bench to take over the case. Cannon refused.

Since then, Cannon has slow-walked pretrial motions and delayed the trial indefinitely — declining to set to a date for the trial to begin — although prosecutors have said they are prepared to start.

Well, that’s it for me!  Have a great weekend!

What’s on your reading and blogging list today?

 

 


Wednesday Reads

Good Morning!!

freedom-celebrating-juneteenth-2013-everett-spruill

Celebrating freedom on Juneteenth

Today is Juneteenth, so I’ll begin with some writing about the holiday that celebrates freedom from slavery.

The Los Angeles Times Editorial Board: Editorial: Juneteenth isn’t a holiday just for Black people. Everyone should celebrate freedom.

Juneteenth is no more a holiday just for Black people than the Fourth of July is a holiday just for white people. It recognizes and celebrates a profound milestone in American history — the declaration of freedom for an entire race of American people who had been held in bondage for centuries.

Although the day itself, June 19, 1865, was far less life-changing than it should have been.

Juneteenth commemorates the arrival of Union Army Major Gen. Gordon Granger in Galveston, Texas, with General Order No. 3 telling the people of the westernmost Confederate state that “all slaves are free.” Although the Emancipation Proclamation had taken effect in 1863, it couldn’t be implemented until the Civil War ended and Confederate states surrendered.

Confederate Gen. Robert E. Lee surrendered his troops to Union Gen. Ulysses S. Grant in April 1865 in Virginia, but other Confederate troops further south and west continued fighting, surrendering only in the months afterward. The 13th Amendment abolishing slavery would be ratified in December 1865.

Enslaved people in Texas were the last ones in the Confederacy to find out they were freed. But the news didn’t filter across the state immediately. And some slave owners didn’t obey the order right away, waiting to see who would enforce it.

Texas may have been the last Confederate state to get word of emancipation, but in 1980 it became the first U.S. state to make it an official holiday.

Juneteenth is now a federal holiday. It’s also recognized as a state holiday in more than 25 states and the District of Columbia.

A bit more:

The 1865 announcement of freedom didn’t end systemic racism and its discriminatory effects in housing, employment and education. It didn’t stop the violence Black people faced day after day, and still do. Black people make up 13% of the U.S. population but account for 37% of the prison and jail population. Similarly, Black people are 37% of the homeless population nationwide….

But there are reasons to celebrate this holiday. Juneteenth is about honoring fortitude, perseverance and, yes, optimism. Those are traits Americans have always had. And they are traits Black Americans have demonstrated in abundance for centuries — otherwise, no Black people would have survived here. And Black communities have held celebrations big and small for Juneteenth since 1866.

Consider Opal Lee. The former teacher is often called “the grandmother of Juneteenth” for her decades of activism to get it designated a federal holiday. When she was a young girl, a mob of white supremacists attacked her Texas home and burned the furniture on Juneteeth in 1939.

In 2016, a month before she turned 90, Lee set off on a four-month walk from her hometown of Fort Worth to Washington, D.C., to publicize her cause. In 2021, Congress with overwhelming bipartisan support passed a bill making Juneteenth a federal holiday, and President Biden signed it into law.

Last month, at 97, Lee stepped across the floor at a White House ceremony to be embraced by Biden as he placed the Medal of Freedom, the nation’s highest civilian honor, around her neck.

The Guardian: As Juneteenth grows in US, southern states cling to Confederate holidays.

Juneteenth has been recognized as a US federal holiday since 2021 and acts as a day to celebrate the end of slavery in the country – but millions of Americans will not have the day off today, 19 June, to mark the occasion.

At least 30 states – including most recently Rhode Island and Kentucky – and the District of Columbia recognize Juneteenth as an official public holiday, according to the Pew Research Center.

Opal Lee portrait

Portrait of Opal Lee by Sedrick Huckaby

Yet as the number of states to legally declare Juneteenth a holiday rises, other states continue to cling to holidays that honor the Confederacy.

Ten states – all in the American south – have at least one day commemorating the Confederacy, according to Axios, and six former Confederate states do not officially recognize Juneteenth: Florida, Mississippi, Alabama, Arkansas, South Carolina and North Carolina.

Mississippi and Alabama each celebrate three Confederate holidays – paid holidays for state employees: Confederate Memorial Day; the birthday of Jefferson Davis, the leader of the Confederacy; and Robert E Lee Day, to commemorate the leader of the Confederate army. In both states, Robert E Lee Day is also used to celebrate Martin Luther King Jr Day.

In Alabama, the Republican governor, Kay Ivey, has authorized this year’s Juneteenth as a state holiday for a fourth year, amid faltering legislative efforts to make it a permanent holiday.

A bill proposed earlier this year would have added Juneteenth as a permanent holiday in the state, but state employees would have been allowed to choose between taking that day or Jefferson Davis’s birthday off from work. The Alabama house of representatives approved the bill, but it did not get a vote in the state senate.

Read more at The Guardian.

At MSNBC, Hayes Brown has a think piece about why the Juneteenth holiday is just another sop to Black Americans instead of the government working to advance real equality: The vibes are very off this Juneteenth.

It’s Juneteenth 2022 and I am uncomfortable on a New York City beach. It’s not that the sun is too hot,which it isn’t, or that the water is too cold, though it is. The discomfort I feel comes from looking around the crowded sands and realizing how few faces look like mine on what’s meant to be a day celebrating us.

When President Joe Biden signed a bill declaring Juneteenth a federal holiday in 2021, it was one of the few tangible changes that was put into place after a wave of protests for racial justice that had rocked the country the previous year. In theory, the holiday recognized a turning point in America’s history as the last slaves learned of their freedom. But as I sat on that beach, I couldn’t help but wonder: “Who is this really for?”

juneteenth-kalunda-janae-hilton

Juneteenth, by Kalunda Janae Hilton

Texas first made Juneteenth an official holiday in 1980. After decades as a more regional celebration, the holiday quickly gained awareness nationally over the last decade, especially after it was featured on the ABC sitcom “black-ish” in 2017. But it was the civil rights protests of 2020 that truly propelled it into the mainstream, as millions took to the streets to demand an end to police brutality against Black Americans following the death of George Floyd in Minnesota and Breonna Taylor in Kentucky. Lawmakers seized on boosting Juneteenth as a way to show that those millions of voices weren’t being totally ignored….

But it’s seeming more and more like this was a gilded token. Hopes of federal police reform were dashed when Republicans realized they could hammer Democrats for being in favor of “defunding the police.” Support for Black Lives Matter has plummeted since 2020, with only a narrow majority backing the movement compared to the two-thirds support that was once there.

And when you look at who is getting to enjoy the newly established holiday, it’s clear that the benefit is not evenly distributed. Consulting firm Mercer found that the share of private employers that made Juneteenth a paid holiday surged from 9% in 2021 to 39% in 2023.

We then must consider that roughly a quarter of Black households in America are earning less than $25,000 per year, according to U.S. Census Bureau data. That puts then in the bottom 10% of earners, according to the Bureau of Labor Statistics. A Center for American Progress analysis of BLS data shows that among the lowest 10% of earners, 47% have no access to any form of paid time off, a number that falls to 38% when looking at part-time workers. Taken together, that means there’s a major chunk of the Black population that’s likely getting no benefit at all from Juneteenth.

Read the rest at the MSNBC link above.

Judge Aileen Cannon is back in the news, as she prepares to hear arguments on why the Trump stolen documents case should be dismissed. On of those arguments is that Special Counsel Jack Smith was illegally appointed. Yes, that’s a ridiculous notion that has already been adjudicated and rejected.

ABC News: Judge in Trump classified documents case to hear validity of special counsel’s appointment, gag order request.

The judge overseeing former President Donald Trump’s classified documents case will kick off a series of hearings this week on motions to dismiss the case. One of the hearings is expected to focus on a legal theory pushed by conservative legal critics of special counsel Jack Smith that seeks to invalidate his appointment.

Judge Aileen Cannon’s court calendar related to this case has become increasingly logjammed in recent months – as she has scheduled hearings on legal maneuvers by Trump and his co-defendants that other judges would not typically entertain.

Legal experts have raised questions over whether her decisions are simply a product of inexperience or in some instances show outright favoritism towards Trump — who appointed Cannon to the bench in 2020.

Judge Cannon, for example, has set aside all of Friday for a hearing on Trump’s motion arguing that Smith’s appointment was unlawful – an issue other courts have largely rejected.

On Monday, Cannon will kick off her court schedule with another hearing related to Smith’s appointment – a motion brought by Trump challenging the funding of the special counsel’s office. The same day, Cannon will hear arguments over Smith’s request for a gag order limiting Trump’s rhetoric about law enforcement involved in the search of Mar-a-Lago in August 2022.

Next Tuesday, she is scheduled to consider Trump’s request to throw out evidence gathered during that search as well as testimony provided by Evan Corcoran, his former lead attorney who Smith has alleged Trump misled as part of his efforts to obstruct the government’s investigation.

Ellie Quinlan Houghtaling at The New Republic, via Yahoo News: Judge Aileen Cannon Confusingly Does Jack Smith a Massive Favor.

Judge Aileen Cannon appears to be sick and tired of nonparties attempting to intervene in Donald Trump’s classified documents trial—even though she’s the one who allowed them to do so in the first place.

aileen-cannon-jack-smith

Aileen Cannon and Jack Smith

The Trump-appointed judge issued a paperless order Monday, rejecting without explanation a couple dozen Republican attorneys general and their proposed brief opposing special counsel Jack Smith’s pending gag order on the former president, which they decried as “presumptively unconstitutional.”

Attorneys general representing the states of Alabama, Alaska, Arkansas, Florida, Idaho, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming had all signed on to the amicus curiae. In it, they argued that the tabled gag was an affront to the First Amendment rights of everyday Americans, who have a right to hear Trump push back against legal prosecutors.

The fierce opposition arose after Smith argued for a change in Trump’s bond conditions, claiming that the presumptive Republican presidential nominee’s Truth Social posts were “grossly misleading” and “inflammatory.” Smith argued Trump’s posts put law enforcement and potential trial witnesses in legitimate danger.

“Those statements create a grossly misleading impression about the intentions and conduct of federal law enforcement agents—falsely suggesting that they were complicit in a plot to assassinate him—and expose those agents, some of whom will be witnesses at trial, to the risk of threats, violence, and harassment,” Smith said in May.

As noted above, she will still hear arguments from outsiders, just not from a bunch of right wing attorney generals.

At The Washington Post, Ruth Marcus has and opinion piece about Judge Cannon: Judge Aileen Cannon: What will she think of next?

From the start of the investigation into Donald Trump’s mishandling of classified documents, U.S. District Judge Aileen M. Cannon has seemed inclined to act in favor of the president who appointed her. Now, Cannon might be poised to issue her most audacious ruling yet, on Trump’s far-fetched bid to have the indictment dismissed on the grounds that special counsel Jack Smith’s appointment is constitutionally invalid.

This is the kind of Hail Mary motion that should have been dispatched quickly after Trump’s lawyers filed it in February. But that’s not the Cannon way. Instead — four months later, and more than a year after Trump was indicted — she is holding a day and a half of oral argument on the issue. She will be hearing not only from Trump and prosecutors but, unusually, also from outside parties contending for and against the legitimacy of the special counsel.

Perhaps, in the end, Cannon won’t take the plunge and kill the case. (Such a ruling shouldn’t jeopardize the election interference case pending in Washington.) But at this point, after months of vacillating between slow-walking the case and issuing rulings favorable to Trump, Cannon can’t be underestimated.

trump-documents-rt-gmh-220831_1661950232609_hpMain_16x9_1600The essence of Trump’s claim — backed by, among others, former attorneys general Edwin Meese III and Michael Mukasey — is that Smith’s naming as special counsel violates the Constitution’s appointments clause. That provision requires that “Officers of the United States” be nominated by the president and confirmed by the Senate. But the appointments clause allows Congress to give the “Heads of Departments” — in this case the attorney general — authority to appoint “inferior officers.”

“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,” they write. “As such, Jack Smith lacks the authority to prosecute this action.”

Smith “wields extraordinary power, yet effectively answers to no one,” says the brief filed on behalf of Meese and Mukasey. “He has no more authority to represent the United States in this Court than Tom Brady, Lionel Messi, or Kanye West.”

It’s true that the Supreme Court has bolstered the reach of the appointments clause in recent years. Still, the problem with the anti-Smith argument is threefold: text, history and precedent.

First, the law empowers the attorney general to make such appointments. For example, 28 U.S.C. §533 authorizes the attorney general to “appoint officials … to detect and prosecute crimes against the United States.” Likewise, 28 U.S.C. §515 provides that “any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal … which United States attorneys are authorized by law to conduct.”

And by the way, under the special-counsel regulations, Smith is bound to follow Justice Department rules and is subject to being overruled, or even removed for cause, by the attorney general.

Read the rest at the WaPo.

Yesterday, Vladimir Putin traveled to North Korea to meet with Kim Jong Un. The two dictators agreed to help each other militarily. The New York Times: Putin and Kim Sign Pact Pledging Mutual Support Against ‘Aggression.’

President Vladimir V. Putin of Russia and North Korea’s leader, Kim Jong-un, revived a Cold War-era mutual defense pledge between their nations on Wednesday, signing a new agreement that calls for them to assist each other in the event of “aggression” against either country.

The Russian president, in a briefing after the two leaders signed the document, did not clarify whether such assistance would require immediate and full-fledged military intervention in the event of an attack, as the now-defunct 1961 treaty specified. But he said that Russia “does not exclude the development of military-technical cooperation” with North Korea in accordance with the new agreement.

The pact was one of the most visible rewards Mr. Kim has extracted from Moscow in return for the dozens of ballistic missiles and over 11,000 shipping containers of munitions that Washington has said North Korea has provided in recent months to help support Mr. Putin’s war in Ukraine.

2b2aefc7-527d-4613-ae31-c66bd54e48d3It also represented the farthest the Kremlin has gone in throwing its weight behind North Korea, after years of cooperating with the United States at the United Nations in curbing Pyongyang’s nuclear and missile program — a change that accelerated after Russia’s invasion of Ukraine.

“This is a truly breakthrough document, reflecting the desire of the two countries not to rest on their laurels, but to raise our relations to a new qualitative level,” Mr. Putin added. Neither North Korea nor Russia immediately released the text of the new agreement.

Mr. Putin denounced the United States for expanding military infrastructure in the region and holding drills with South Korea and Japan. He rejected what he called attempts to blame the deteriorating security situation on North Korea, which has carried out six nuclear test explosions since 2006 and tested intercontinental ballistic missiles that could reach the United States.

“Pyongyang has the right to take reasonable measures to strengthen its own defense capability, ensure national security and protect sovereignty,” Mr. Putin said.

Mr. Kim called the pact a “most powerful agreement” and praised the “outstanding foresight” of Mr. Putin, “the dearest friend of the Korean people,” the state-owned Russian news agency RIA Novosti said.

I wonder if they also discussed ways to help put Trump back in the White House, where he would certainly withdraw the U.S. from NATO.

CNN: Putin says Russia and North Korea will help each other if attacked, taking ties to a ‘new level.’

Vladimir Putin said Russia and North Korea have ramped up ties to a “new level,” pledging to help each other if either nation is attacked in a “breakthrough” new partnership announced during the Russian president’s rare visit to the reclusive state.

Thousands of North Koreans chanting “welcome Putin” lined the city’s wide boulevards brandishing Russian and North Korean flags and bouquets of flowers, as Putin kicked off his first visit to North Korea in 24 years with a finely choreographed display of influence in the dictatorship.

The pair then signed the new strategic partnership to replace previous deals signed in 1961, 2000 and 2001, according to Russian state news agency TASS. “The comprehensive partnership agreement signed today includes, among other things, the provision of mutual assistance in the event of aggression against one of the parties to this agreement,” Putin said after the meeting.

He said the deal encompasses the “political, trade, investment, cultural spheres, and the security sphere as well,” calling the pact “truly a breakthrough document.”

Putin said joint drills involving the United States, South Korea and Japan were “hostile” toward North Korea,” characterizing the US policy as “confrontational.” Kim, meanwhile, called the new “alliance” a “watershed moment in the development of the bilateral relations.”

But the deal between the two autocrats raised many questions, too – including whether Russia’s nuclear deterrent now extends to North Korea, and vice versa, or whether the two nations will now hold joint military drills….

Putin was met with exuberant celebrations at a welcome ceremony with his counterpart at Kim Il Sung Square in the heart of the North Korean capital, where mounted soldiers, military personnel and children holding balloons cheered against the backdrop of large portraits of the each leader.

The two leaders presented their respective officials and stood together as the Russian national anthem played before riding off standing shoulder to shoulder in an open-top limousine as they smiled and waved to the crowds.

More interesting stories to check out:

BBC: China is the true power in Putin and Kim’s budding friendship.

The Washington Post: Heat wave to scorch Eastern U.S. with record high temperatures.

CNN: Why some scientists think extreme heat could be the reason people keep disappearing in Greece.

The New York Times: Trump Wasn’t Going to Stay in Milwaukee. Then Reporters Asked.

NBC News: Trump says business executives should be ‘fired for incompetence’ if they don’t support him.

The Daily Beast: Roger Stone Caught on Tape Discussing Trump’s Plan to Challenge 2024 Election.

Politico: Amy Coney Barrett may be poised to split conservatives on the Supreme Court.

Amanda Marcotte at Salon: Another evangelical abuse scandal: It’s a big reason why they worship Trump.


Mostly Monday Reads: The Word of the Day is Nescience

“Martha-Ann Alito is single-handedly making flags great again.” John Buss, @repeat1968

Good Day, Sky Dancers!

The best thing about reading is learning new things and possibly finding a new word. I’ve always aced the university exams’ sections on vocabulary, and the Grammarly app hoisted upon me by Purdue weekly reminds me I still hang in the top users for nerdy words and tone.  Don’t ask me about punctuation, though. Grammarly reminds me daily that I don’t use enough commas. So today, The Atlantic‘s Peter Wehner gave me the present of a new world.   According to Meriam Webster, nescience is a noun that means a lack of knowledge or awareness.  Its closest synonym is the word ignorance.  I wish I had known there was a great synonym out there for the word ignorance when I was writing on all the crap coming out of the Supreme Court last week, along with the Alito lies around his wife’s red-flaggery (with apologist to A. de Blácam.)

Now for today’s example use. “The Motivated Ignorance of Trump Supporters. They can’t claim they didn’t know.”

Motivated ignorance refers to willfully blinding oneself to facts. It’s choosing not to know. In many cases, for many people, knowing the truth is simply too costly, too psychologically painful, too threatening to their core identity. Nescience is therefore incentivized; people actively decide to remain in a state of ignorance. If they are presented with strong arguments against a position they hold, or compelling evidence that disproves the narrative they embrace, they will reject them. Doing so fends off the psychological distress of the realization that they’ve been lying to themselves and to others.

Motivated ignorance is a widespread phenomenon; most people, to one degree or another, employ it. What matters is the degree to which one embraces it, and the consequences of doing so. In the case of MAGA world, the lies that Trump supporters believe, or say they believe, are obviously untrue and obviously destructive. Since 2016 there’s been a ratchet effect, each conspiracy theory getting more preposterous and more malicious. Things that Trump supporters wouldn’t believe or accept in the past have since become loyalty tests. Election denialism is one example. The claim that Trump is the target of “lawfare,” victim to the weaponization of the justice system, is another.

I have struggled to understand how to view individuals who have not just voted for Trump but who celebrate him, who don’t merely tolerate him but who constantly defend his lawlessness and undisguised cruelty. How should I think about people who, in other domains of their lives, are admirable human beings and yet provide oxygen to his malicious movement? How complicit are people who live in an epistemic hall of mirrors and have sincerely—or half-sincerely—convinced themselves they are on the side of the angels?

Throughout my career I’ve tried to resist the temptation to make unwarranted judgments about the character of people based on their political views. For one thing, it’s quite possible my views on politics are misguided or distorted, so I exercise a degree of humility in assessing the views of others. For another, I know full well that politics forms only a part of our lives, and not the most important part. People can be personally upstanding and still be wrong on politics.

But something has changed for me in the Trump era. I struggle more than I once did to wall off a person’s character from their politics when their politics is binding them to an unusually—and I would say undeniably—destructive person. The lies that MAGA world parrots are so manifestly untrue, and the Trump ethic is so manifestly cruel, that they are difficult to set aside.

If a person insists, despite the overwhelming evidence, that Trump was the target of an assassination plot hatched by Biden and carried out by the FBI, this is more than an intellectual failure; it is a moral failure, and a serious one at that. It’s only reasonable to conclude that such Trump supporters have not made a good-faith effort to understand what is really and truly happening. They are choosing to live within the lie, to invoke the words of the former Czech dissident and playwright Vaclav Havel.

One of the criteria that need to be taken into account in assessing the moral culpability of people is how absurd the lies are that they are espousing; a second is how intentionally they are avoiding evidence that exposes the lies because they are deeply invested in the lie; and a third is is how consequential the lie is.

It’s one thing to embrace a conspiracy theory that is relevant only to you and your tiny corner of the world. It’s an entirely different matter if the falsehood you’re embracing and promoting is venomous, harming others, and eroding cherished principles, promoting violence and subverting American democracy.

This is the rant part of this long read, with plenty of examples and sources to back this up. It’s brilliant, so forgive me if it is considered an excessively long quote for ‘fair use.’ I’m also feeling better because Grammarly flagged a lot of comma mishaps in the article, which made me feel even more comfortable with its author.  I’ve got the Oxford comma down and am happy about that accomplishment. Go read the backup to the rant.  It’s important.

In this monolithic divided between those choosing nescience over knowledge, there’s still a group of undecideds.  It’s difficult to believe.  I’m using a Washington Post article today, and we’re about to see if Katherine Graham’s legacy will end shortly as some of the worst of Fleet Street do a hostile takeover. “The 2024 ‘Deciders’: Who are they and what makes them tick? Six in 10 key state voters turn out sporadically or are not firmly committed, Post-Schar poll finds.” Politics has been my blood sport of choice since Junior High School. I confess total nescience and disinterest in anything remotely sportISH. My role model was Shirley Chisholm, and I couldn’t wait to get my chance to vote.

In a nation where many voters have made up their minds, Denning and Etter are among the voters whose decisions about the presidential race are neither firmly fixed nor whose participation is wholly predictable. As a group, these voters do not exactly fit the description of being undecided. Some lean toward a specific candidate. Some even say they will definitely vote for that candidate. But age or voting history or both leave open the question of how they will vote in November — if they vote at all.

The Washington Post and the Schar School of Policy and Government at George Mason University surveyed 3,513 registered voters in the six key battleground states. The survey was completed in April and May,before a New York jury found Trump guilty on 34 counts in the hush money trial involving an adult-film actress. Of the 3,513 surveyed, 2,255 were classified as “Deciders” — those who fit into one or more categories: They voted in only one of the last two presidential elections; are between ages 18 and 25; registered to vote since 2022; did not definitely plan to vote for either Biden or Trump this year; or switched their support between 2016 and 2020.

They are also classified as Deciders because they will have enormous influence in determining the winner of what are expected to be another round of close contests in the battleground states.

In 2020, a shift of about 43,000 votes from Biden to Trump in Arizona, Georgia and Wisconsin would have changed the outcome. As a result, it is common to see suggestions that the 2024 presidential election will not only be decided by just six states but by a relatively few voters in those states. While it is broadly true that a fraction of the total electorate will decide the election, the universe of voters whose behavior is not truly predictable is fairly large. By the definitions used in this survey, 61 percent of voters in those six states can be called Deciders. That includes 33 percent who are sporadic voters and 44 percent who are uncommitted to Biden or Trump, with 17 percent fitting both of these categories.

This article in the Independent shows how amazing science can be. It also gives us a window into the concept of gender. “Woman who is ’95 per cent genetically male’ gives birth to twins. Woman had no ovaries and 95% male genes, but was fertilised using IVF.”

A woman who is “genetically male” has had twins, after three years of pioneering treatment.

The new mother looks like a woman, but has 95% male chromosomes.

Though she has no ovaries and has never menstruated, doctors in India were able to help the woman conceive and give birth to the children through treatment that helped develop her uterus, which was described as infantile.

“This is something similar to a male delivering twins,” Sunil Jindal, the infertility specialist who administered the treatment, told the Times of India.

The woman herself did not know she had the condition, according to Sky News. She was “flabbergasted” when she was told but her husband was supportive.

The mother’s condition is known as XY gonadal dysgenesis. That means that the woman has external female characteristics, but doesn’t have functional gonads or ovaries. Those organs are usually necessary for reproduction, helping to create the eggs from which babies will grow.

Instead, doctors developed embryos using a donor egg and then placed that in the uterus, after it had been treated. That allowed the woman to become pregnant.

Doctors then had to help the woman carry the pregnancy “in a body not designed for it”, as Anshu Jindal, medical director at the hospital that delivered the babies, described it to the Times of India.

The two babies, one boy and one girl, were delivered through caesarean section.

There have only been four or five cases where women with this condition have been able to give birth, according to experts. Even in women without the condition, assisted reproduction has a success rate of about 35%-40%.

I can only imagine what Alito and Thomas would make of a court case brought up by some fetus fetishist judge in nowhere Texas.  So, there appears to be a bit of a rebellion in the news department of The Washington Post over its new overlords from across the pond.  “Incoming Post editor tied to self-described ‘thief’ who claimed role in his reporting. Unpublished book drafts and other documents raise questions about Robert Winnett’s journalistic record just months before he is to assume a top newsroom role.”

The alleged offense was trying to steal a soon-to-be-released copy of former prime minister Tony Blair’s memoir.

The suspect arrested by London police in 2010 was John Ford, a once-aspiring actor who has since admitted to an extensive career using deception and illegal means to obtain confidential information for Britain’s Sunday Times newspaper. Facing potential prosecution, Ford called a journalist he said he had collaborated with repeatedly — and trusted to come to his rescue.

Winnett moved quickly to connect Ford with a lawyer, discussed obtaining an untraceable phone for future communications and reassured Ford that the “remarkable omerta” of British journalism would ensure his clandestine efforts would never come to light, according to draft chapters Ford wrote in 2017 and 2018 that were shared with The Post

That journalist, according to draft book chapters Ford later wrote recounting his ordeal, was Robert Winnett, a Sunday Times veteran who is set to become editor of The Washington Post later this year.

Winnett, currently a deputy editor of the Telegraph, did not respond to a detailed list of questions. Ford, who previously declined to be interviewed, did not respond to questions about the draft book chapters.

Winnett is now poised to take over the top editorial position in The Post’s core newsroom, scheduled to start after the November U.S. presidential election. He was appointed by Post CEO and Publisher William Lewis, who has mentored Winnett and worked with him at two British papers. Lewis is also mentioned in Ford’s draft chapters.

NPR’s David Folkenflik had an interesting take on this information, linking it to Rupert Murdoch. “New ‘Washington Post’ chiefs can’t shake their past in London.”  BB pointed me to this story last night.

A vast chasm divides common practices in the fiercely competitive confines of British journalism, where Lewis and Winnett made their mark, and what passes muster in the American news media. In several instances, their alleged conduct would raise red flags at major U.S. outlets, including The Washington Post.

Among the episodes: a six-figure payment for a major scoop; planting a junior reporter in a government job to secure secret documents; and relying on a private investigator who used subterfuge to secure private documents from their computers and phones. The investigator was later arrested.

On Saturday evening, The New York Times disclosed a specific instance in which a former reporter implicated both Lewis and Winnett in reporting that he believed relied on documents that were fraudulently obtained by a private investigator.

Lewis did not respond to detailed and repeated requests for comment from NPR for this article. Winnett also did not reply to specific queries sent directly to him and through the Telegraph Media Group.

The stakes are high. Post journalists ask what values Lewis and Winnett will import to the paper, renowned for its coverage of the Nixon-era Watergate scandals and for holding the most powerful figures in American life to account in the generations since.

“U.K. journalism often operates at a faster pace and it plays more fast and loose around the edges,” says Emily Bell, former media reporter and director of digital content for the British daily The Guardian.

Allegations in court that Lewis sought to cover up a wide-ranging phone hacking scandal more than a dozen years ago at Rupert Murdoch’s British newspapers are proving to be a flashpoint for the new Post publisher.

On at least four occasions since being named to lead the Post last fall, Lewis tried to head off unwelcome scrutiny from Post journalists — and from NPR.

In December, before he started the job, Lewis intensely pressured me not to report on the accusations, which arose in British suits against Murdoch’s newspapers in the U.K. He also repeatedly offered me an exclusive interview on his business plans for the Post if I dropped the story. I did not. The ensuing NPR piece offered the first detailed reports on new material underlying allegations from Prince Harry and others.

Immediately after that article ran, Lewis told then-Executive Editor Sally Buzbee it was not newsworthy and that her teams should not follow it, according to a person with contemporaneous knowledge. That intervention is being reported here for the first time. The Post did not run a story.

Lewis has denied the hacking coverup claims and is not a defendant in the lawsuits. Nor is he being criminally prosecuted. Lewis has said he acted to ensure people who were hacked by Murdoch’s papers were compensated.

As previously reported, on separate occasions in March and May, Lewis angrily pressured Buzbee to ignore the story as further developments unfolded in court.

You may read more salacious details at the link.  One more article about nescience.  This one is from Amanda Marcotte, who writes at Salon. “A tradwife drops a racist slur: Why the right’s trolling economy made Lilly Gaddis’ rise inevitable. Cashing in as a “cancel culture” martyr is getting harder, so attention addicts have to get more extreme.”

Let’s stipulate up front that it is theoretically possible that Lilly Gaddis, wannabe “tradwife” influencer, did not realize what she was doing when she used the n-word in a recent cooking TikTok. Her defenders, far more numerous now than in her more anonymous past, offer an “innocence by ignorance” excuse. But even not knowing the story, you’d be right to be skeptical. After all, she didn’t just let the word slip — she filmed, edited, and posted the content online. If you actually watch the clip that has gone viral, it becomes even harder to ignore the likelihood that it was a deliberate word choice

In the video, Gaddis is decked out in the standard tradwife gear of a cleavage-baring sundress and a cross necklace to justify the sexualized marketing. She is vaguely arranging food while providing a rant tailor-made to tickle the reactionary male brain. She accuses immigrants and Black women of being “gold-diggers,” while insisting Christian white girls like herself will love you, pathetic male viewer, solely for your masculine might, even if you are “broke.” She is going for maximum shock value, dropping not just the n-word, but other five-dollar curses that are clearly meant to to offer a transgressive thrill, coming from a young woman playing at being a more scantily clad June Cleaver.

But just in case there was any lingering doubt that this was a deliberate play for attention, Gaddis soon confirmed it in a tweet responding to the outrage: “Thanks black community for helping to launch my new career in conservative media! You all played your role well like the puppets you are.”

This wannabe Christian influencer is so obviously out for attention, so it’s tempting to ignore this story in hopes of not letting her have it. Still, Gaddis is an important illustration of the vicious cycle of greed and far-right radicalism driven by the social media ecosystem. The field of strivers wishing to be America’s next top troll is growing faster than can be maintained by the existing audience of incels, white supremacists and other miscreants radicalized online. Becoming the next big thing means attracting the coin of the authoritarian realm: liberal outrage. Yet as liberals get numb to the constant barrage of fascist provocation, the trolls have no choice but to up the ante. So this is how we get a woman in an apron pretending to cook on TikTok while dropping the most notorious of racial slurs.

I think I have done enough damage today.  Fortunately, we’ve had a few days of rain and clouds, so the heat is off its highs from the 90s.  Unfortunately, the humidity is oppressive. Thank goodness for long, billowy, cotton sun dresses.  I hope you have a good week.  BTW, “Trump challenges Biden to cognitive test, but confuses name of doctor who tested him.” This happened last night.  Donnie Demento is just getting worse and worse with every rally.

What’s on your reading and blogging list today?