Mostly Monday Michael Cohen Reads

Good Day, Sky Dancers!

There’s a lot of insanity today from the MAGA crowd and its imperial maggot.  Let’s start but not end there.

This is from CNBC‘s Dan Magan. “Trump said ‘there’s going to be a lot of woman coming forward’ if he ran for president, Michael Cohen testifies.” 

Michael Cohen testified Monday that Donald Trump warned him that “just be prepared, there’s going to be a lot of women coming forward,” once Trump announced that he was running for president.

Cohen also testified about secretly recording Trump during a meeting about reimbursing the publisher of The National Enquirer for making a $150,000 hush money payment to a Playboy model to buy her silence about an alleged affair with Trump.

Cohen’s revelations came on his first day of testimony at Trump’s New York criminal hush money trial, where the former lawyer and fixer detailed efforts to protect Trump’s presidential campaign in 2016 from being harmed by salacious disclosures.

Once slavishly devoted to Trump, Cohen is now his avowed enemy and could be the key witness against him in the case in Manhattan Supreme Court.

The 57-year-old is set to tell jurors about how he paid porn star Stormy Daniels $130,000 shortly before the 2016 presidential election, in exchange for her silence about a one-night stand she had with Trump a decade earlier.

Trump’s reimbursement of Cohen for that payoff while he was serving in the White House is the basis for the Manhattan District Attorney’s case against the ex-president.

The Trump Organization reported the Daniels-related reimbursements to Cohen as legal expenses. But District Attorney Alvin Bragg alleges that this constituted a crime — falsification of business records — committed by Trump to hide the fact that the hush money had protected his then-wobbling presidential candidate at a key moment.

Cohen will probably continue to behave, but his outside social media, much like his former boss’s, is a challenging problem for the court. This is from the Washington Post‘s Blair Guild. “The weird world of Michael Cohen’s live TikTok streaming.  The former Trump fixer, now a critic, is expected to take the stand this week in Donald Trump’s hush money criminal trial. Meanwhile, he is live wearing cowboy hat filters, receiving calls from Rosie O’Donnell and sharing his feelings on TikTok.”

The Trump fixer turned critic riffs on whatever he wants: his political beliefs, books he’s recently read and the New York Rangers have all come up. But notably, Cohen, a disbarred lawyer, occasionally veers into rants about Trump.
Cohen suspects Trump’s legal team is tuning in to his live streams.

Trump’s defense attorney Todd Blanche last week urged the judge in the case to prohibit Cohen from talking about Trump outside of court, saying it was unfair because Trump cannot respond to the attacks.

New York Supreme Court Justice Juan Merchan did not issue a formal order, but he instructed prosecutors “to communicate to Mr. Cohen that the judge is asking him to refrain from making any more statements about this case.”

Prosecutors said they have told Cohen and other witnesses to refrain from speaking about Trump — but they conceded that they have no real power to make them stop.

The live streams typically attract a few thousand viewers, wide-ranging in their opinions about Cohen. The comments section is a mixed bag of people attacking Cohen with clown-face emojis and supporters defending his personal growth out of Trump’s sphere.

There are examples if you happen to be interested. I’ve lived long enough to be tired of white men and their ever-lasting gobstopper whinging.  Cohen is not a victim. He is one in a long line of enablers. His life would be better served if he engaged in behavior that wasn’t quite so self-serving.

I want to take some time again to show you the impact of the MAGA cult on those of us unfortunate enough to have MAGA legislators and governors.  They’re really coming from women here in Louisiana.  They want complete control over us.  This is what happens when any person with a brain sits out an election.

Here are some really appalling policies put into place to punish women for being women. We are chattel here. This is from the AP. “Louisiana lawmakers reject adding exceptions of rape and incest to abortion ban.” I’m pretty sure the woman who is now our state AG will not take these laws to the Supreme Court.  Instead, she will fight the groups that do.

Despite pleas from Democrats and gut-wrenching testimony from doctors and rape survivors, a GOP-controlled legislative committee rejected a bill Tuesday that would have added cases of rape and incest as exceptions to Louisiana’s abortion ban.

In the reliably red state, which is firmly ensconced in the Bible Belt and where even some Democrats oppose abortions, adding exceptions to Louisiana’s strict law has been an ongoing battle for advocates — with a similar measure failing last year. Currently, of the 14 states with abortion bans at all stages of pregnancy, six have exceptions in cases of rape and five have exceptions for incest.

“I will beg (committee) members to come to common sense,” Democratic state Rep. Alonzo Knox said to fellow lawmakers ahead of the vote, urging them to give approval to the exceptions. “I’m begging now.”

Lawmakers voted against the bill along party lines, with the measure failing 4-7.

A nearly identical bill met the same fate last year, effectively dying in the same committee. In the hopes of advancing the legislation out of committee and to the House floor for full debate, bill sponsor Democratic state Rep. Delisha Boyd added an amendment to the measure so that the exceptions would only apply to those who are younger than 17. However, the change was still not enough to sway opponents.

This week, they’re preparing this move, as reported in the Washington Post. “Louisiana moves to make abortion pills ‘controlled dangerous substances.’  Someone possessing the pills without a valid prescription or outside of professional practice could be prosecuted and sentenced to prison.”

Louisiana could become the first state in the country to categorize mifepristone and misoprostol — the drugs used to induce an abortion — as controlled dangerous substances, threatening incarceration and fines if an individual possesses the pills without a valid prescription or outside of professional practice.

Legislators in Baton Rouge added the provision as a last-minute amendment to a Senate bill that would criminalize an abortion if someone gives a pregnant woman the pills without her consent, a scenario of “coerced criminal abortion” that nearly occurred with one senator’s sister.

A pregnant woman obtaining the two drugs “for her own consumption” would not be at risk of prosecution. But, with the exception of a health-care practitioner, a person helping her get the pills would be.

Louisiana already bans both medication and surgical abortions except to save a patient’s life or because a pregnancy is “medically futile.” Lawmakers just rejected adding exceptions for teenagers under 17 who become pregnant through rape or incest.

The amendment would list mifepristone and misoprostol under the state’s Uniform Controlled Dangerous Substances Act, which regulates depressants, opioids and other sometimes highly addictive drugs. It elicited a strong reaction from more than 240 Louisiana doctors, who called it “not scientifically based.”

“Adding a safe, medically indicated drug for miscarriage management … creates the false perception that these are dangerous drugs that require additional regulation,” they wrote in a letter sent last week to the bill’s sponsor, Republican Sen. Thomas Pressly. They noted misoprostol’s other critical uses, including to prevent gastrointestinal ulcers and to aid in labor and delivery.

“Given its historically poor maternal health outcomes, Louisiana should prioritize safe and evidence-based care for pregnant women,” they urged.

The amendment, written with guidance from Louisiana Right to Life, was added after the Senate unanimously passed S.B. 276 in mid-April. The measure is awaiting a final vote in the House before the session ends June 3, with little opposition expected.

“As Senator Pressly has stated, the medical community regularly uses controlled substances in a myriad of medical situations, including emergencies,” said Sarah Zagorski, communications director for the antiabortion organization. “The use of these drugs for legitimate health care needs will still be available, just like all other controlled substances are still available for legitimate uses.”

H/T to JJ.

Screaming is not enough. What always makes me maddest is when any woman gives power to men who have an interest in uprooting the power of women.  This is from the marvelous Joyce Vance at her Substack.  “Mar-a-No-Go. There was little doubt before last week that federal Judge Aileen Cannon was determined to delay Trump’s criminal case in front of her—the Mar-a-Lago classified documents case—until after the election. Now, there is none.”

It’s been apparent for months that the May 20 trial date in this case wasn’t going to be the actual start of trial, as the Judge let critical motions stack up and refused to rule. This week, she announced that the trial date was off, and then she refused to set a new one. Special Counsel Jack Smith had asked for a July trial date, but Judge Cannon said it would be “imprudent and inconsistent” with her duty to “fairly consider the various pending pre-trial motions … [and] … critical CIPA issues … necessary to present this case to a jury.”

This is the language from Judge Cannon’s order where she vacates the trial date and says she’ll set a new one…some day after she decides all of the pending motions.

This case could and should have been ready for trial in December or January if she had been working on the motions and realistic deadlines all along.

Judge Cannon’s action here bears a striking similarity to what Trump asked her to do back in July of 2023, when he and co-defendant Walt Nauta filed a joint motion asking her to “postpone initial consideration of any rescheduled trial date until after substantive motions have been presented and adjudicated.” She didn’t then; she scheduled the May trial date. But now, she has given Trump what he wanted all along, and it’s contrary to what the law directs judges to do.

The Speedy Trial Act provides that, “In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial.” Refusing to set a trial date is not what the rules authorize federal judges to do; in fact, the rules direct judges to set a trial date at the beginning of the case, before all of the motions are even filed. Here, we have a Judge who won’t set a trial date because of eight motions that are still pending on her docket because she has refrained from deciding them.

If one of us has our civil rights denied, we all face the same fate.  If the Justice system puts any person or company above the law, there is no such thing as true Justice in this country.

This is from Chris Geidner, writing at Law Dork. “Justice Thomas has used this “hideous place” to amass the power he now exploits. Thomas’s attack on Washington comes as he will, yet again, issue rulings that set the national rules for the legal questions before the justices.”

It is in this context that one must regard Justice Clarence Thomas’s latest attack on the city that has provided him with a federal government job since the late 1970s.

“I think what you are going to find and especially in Washington, people pride themselves on being awful. It is a hideous place as far as I’m concerned,” Thomas told the audience at the Eleventh Circuit Judicial Conference, per the Associated Press, on Friday.

It is, however, a “hideous place” that Thomas has nonetheless used to obtain increasing positions of power over the decades. Ever since he reached his perch on the U.S. Supreme Court in 1991, he has used that position to provide others within positions of power with access to the Supreme Court’s building; to establish and build relationships with the rich and powerful; and, finally, to create his own network of power among his former clerks.

Over the next seven weeks, Thomas will be one of nine people releasing decisions in 40 cases at the Supreme Court that will set forth the standard for whether presidents will be immune from criminal prosecution for actions taken in office for life, whether his Bruen decision renders unconstitutional the federal ban on gun possession by those people who have a domestic-violence restraining order out against them, and whether medication abortion remains accessible in a post-Roe America on its current terms, among many other pivotal decisions.

Further still — and throwing his cries of grievance even further into doubt — he will be doing so on a court that is the most conservative it has ever been since he joined it.

Thomas’s vote matters in all of those 40 cases, he will write an opinion in many of them; and he will write the court’s opinion in a handful of cases — setting the national rule for whatever legal question is at issue in those cases.

It is the 33rd year in which Clarence Thomas is doing so as an associate justice of the Supreme Court of the United States. From this “hideous place.”

What’s on your reading and blogging list today?


Lazy Caturday Reads

Good Afternoon!!

I don’t know if anyone is reading this. I’ve had quite a disturbing day so far. My phone suddenly stopped working and I was unable to make or receive calls. I spent a couple of hours messaging back and forth with tech support, and they finally got things working. Somehow I got thrown off the network and couldn’t get back on. But the guy finally figured it out and I can phone and text again. Fortunately, I got a very kind and patient representative who hung in there with me all that time.

Dakinikat wondered if the problem could have something to do with the solar storm that made the northern lights visible all the way down South. I guess it’s possible. The phone was working yesterday until around 1PM. I didn’t realize there was a problem until later though. Anyway, enough of my boring life. 

Since it’s Caturday, I want to recommend a lovely piece in The Atlantic by Tom Nichols about his much loved cat Carla, who recently passed away: The Cat Who Saved Me. I will never owe another cat the debt that I owe her.

Almost 15 years ago, I was in bad shape. I was divorced, broke, drinking too much, and living in a dated walk-up next to a noisy bar. (It was only minutes from my young daughter, it had a nice view of the bay here in Newport, and I could afford it.) The local veterinary hospital was a few doors down; they always kept one or two adoptable animals in the window. One day, a gorgeous black cat, with a little white tuxedo patch and big gold-green eyes, showed up in a small cage. I stared at her for a while. She stared back patiently.

Tom NIchols with Carla

Tom NIchols with Carla

I wasn’t taking very good care of myself at that moment, so I decided I couldn’t take care of a cat. I walked on. For weeks, the cat sat there. For weeks, we stared at each other. One day, as I was deep in my cups, I took a walk with a friend and co-worker who also happened to be my next-door neighbor. “You look at that damn cat every day,” he said. “Just go in and get it.”

So I did.

The cat was called “RC” and she was a stray, but her preexisting spaying and good health showed that she’d once had a home. Now she was the queen of the animal clinic: Because of her gentle temperament, the staff would let her out of the cage after hours, and she would sit on their desks while they did their paperwork.

I picked her up. She looked at me as if to say: Yeah, I recognize you. You’re the doofus who stared at me for weeks. I signed the papers and took her home. She was fluffy and black-haired, so I decided I would name her after Carla Tortelli from the show Cheers; thus, she became Carla T. Nichols. She explored the apartment quietly for a day or two, and then, one afternoon, I found her on my bed, stretched out on her back, paws up, purring. Yep, she was saying. This will do.

I was still deeply depressed, but every night, Carla would come and flake out over my keyboard as I struggled to work. That’s enough of that,she seemed to say. And then we would go into the living room, where I would sit in a chair and Carla would sit on the armrest. (We’ve now both seen almost every episode of Law & Order.) Slowly, she added routine to my life, but mostly, we had lots of hours of doing nothing—the quiet time that can feel sort of desolate if you’re alone, but like healing if you have the right company.

Soon, I started to see daylight. I met a woman named Lynn. I laid off the booze. I got help of various kinds.

Lynn started to come to the apartment more often, but Carla gave her a full examination before bestowing approval: That cat was not going to let some newcomer waltz in and wreck the careful feline therapy she’d been providing. Finally, Carla climbed on the pillows one morning and curled up around Lynn’s head. Okay, she was saying. Lynn can stay.

That was the beginning of the turnaround. I hope you’ll go read the rest. It’s a wonderful description of what can happen when you welcome a special animal into your life.

A few interesting news stories to check out:

ProPublica: IRS Audit of Trump Could Cost Former President More Than $100 Million.

Former President Donald Trump used a dubious accounting maneuver to claim improper tax breaks from his troubled Chicago tower, according to an IRS inquiry uncovered by ProPublica and The New York Times. Losing a yearslong audit battle over the claim could mean a tax bill of more than $100 million.

The 92-story, glass-sheathed skyscraper along the Chicago River is the tallest and, at least for now, the last major construction project by Trump. Through a combination of cost overruns and the bad luck of opening in the teeth of the Great Recession, it was also a vast money loser.

But when Trump sought to reap tax benefits from his losses, the IRS has argued, he went too far and in effect wrote off the same losses twice.

The first write-off came on Trump’s tax return for 2008. With sales lagging far behind projections, he claimed that his investment in the condo-hotel tower met the tax code definition of “worthless,” because his debt on the project meant he would never see a profit. That move resulted in Trump reporting losses as high as $651 million for the year, ProPublica and the Times found.

Emile Munier, A Small Child reading to a cat

Emile Munier, A small child reading to a cat

There is no indication the IRS challenged that initial claim, though that lack of scrutiny surprised tax experts consulted for this article. But in 2010, Trump and his tax advisers sought to extract further benefits from the Chicago project, executing a maneuver that would draw years of inquiry from the IRS. First, he shifted the company that owned the tower into a new partnership. Because he controlled both companies, it was like moving coins from one pocket to another. Then he used the shift as justification to declare $168 million in additional losses over the next decade.

The issues around Trump’s case were novel enough that, during his presidency, the IRS undertook a high-level legal review before pursuing it. ProPublica and the Times, in consultation with tax experts, calculated that the revision sought by the IRS would create a new tax bill of more than $100 million, plus interest and potential penalties….

The reporting by ProPublica and the Times about the Chicago tower reveals a second component of Trump’s quarrel with the IRS. This account was pieced together from a collection of public documents, including filings from the New York attorney general’s suit against Trump in 2022, a passing reference to the audit in a congressional report that same year and an obscure 2019 IRS memorandum that explored the legitimacy of the accounting maneuver. The memorandum did not identify Trump, but the documents, along with tax records previously obtained by the Times and additional reporting, indicated that the former president was the focus of the inquiry.

Read more at the ProPublica link. There’s also an article at The New York Times: Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows.

More trouble for Trump? Roger Sollenberger at The Daily Beast writes: Trump Campaign Hid Settlements With Women, New Complaint Says.

A sex discrimination lawsuit against Donald Trump’s campaign has triggered new accusations that Trump’s lawyers have intentionally covered up settlement payments to women, in violation of federal law.

On Friday, watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a complaint with the Federal Election Commission, demanding an investigation into the alleged cover-up. The complaint cites new allegations from 2016 Trump campaign aide A.J. Delgado, which she lodged in a sworn court declaration earlier this week as part of her ongoing discrimination suit against Trump’s political operation.

Delgado’s filing presented evidence of top Trump attorney Marc Kasowitz openly admitting that the campaign wanted to use a law firm to cover up a potential settlement payout in 2017. The arrangement, as Delgado described it, appears specifically designed to evade the consequences of federal disclosure laws that require campaigns to publicly report the identities of payment recipients.

“In other words, the payment would be routed through a middleman, to hide the fact that the Campaign had settled, from the public and the FEC,” Delgado stated. “I thus have direct, personal experience with the Defendant-Campaign hiding settlement payments to women, routing them through a ‘middleman law firm,’ which to the public would only appear as payments ‘for legal services.’”

Delgado also claimed to have “information and reason to believe” that other campaign payments have hidden settlements with women “who raised complaints of gender discrimination, pregnancy discrimination, and sexual harassment.” Those payments, she said, are related to the $4.1 million that flowed to Kasowitz’s law firm over a two-month period immediately following the November 2020 election, as well as millions in mysterious legal reimbursements to the campaign’s compliance firm, Red Curve Solutions, which The Daily Beast first reported earlier this month, prompting a federal complaint.

The declaration is particularly significant in that it captures a direct admission of the campaign’s actual intentions behind this middleman arrangement—to keep the existence of a settlement from the public, and, by doing so, from the FEC itself.

More at the Daily Beast link.

Did you hear about Trump promising to cut taxes for oil companies in return for a $1 billion donation to his campaign? Greg Sargent at The New Republic: Trump’s Sleazy $1 Billion Shakedown of Oil Execs Gives Dems an Opening.

A new Washington Post report that Trump made explicit policy promises to a roomful of Big Oil executives—while urging them to raise $1 billion for his campaign—is a powerful story in part because it wrecks what’s left of that mystique. In case you didn’t already know this, it shows yet again that if Trump has employed that aforementioned knowledge of elite corruption and self-dealing to any ends in his public career, it’s chiefly to benefit himself.

James Pelham

James Pelham, little girl reading with her cat

That counter narrative is a story that Democrats have a big opportunity to tell—if they seize on this news effectively. How might they do that?

For starters, the revelations seem to cry out for more scrutiny from Congress. Democratic Senator Sheldon Whitehouse of Rhode Island, who has been presiding over hearings into the oil industry as chair of the Budget Committee, says it’s “highly likely” that the committee will examine the new revelations.

“This is practically an invitation to ask more questions,” Whitehouse told me, describing this as a “natural extension of the investigation already underway.”

There’s plenty to explore. As the Post reports, an oil company executive at the gathering, held at Trump’s Mar-a-Lago resort last month, complained about environmental regulations under the Biden administration. Then this happened:

Trump’s response stunned several of the executives in the room overlooking the ocean: You all are wealthy enough, he said, that you should raise $1 billion to return me to the White House. At the dinner, he vowed to immediately reverse dozens of President Biden’s environmental rules and policies and stop new ones from being enacted, according to people with knowledge of the meeting, who spoke on the condition of anonymity to describe a private conversation.

Giving $1 billion would be a “deal,” Trump said, because of the taxation and regulation they would avoid thanks to him, according to the people.

Obviously industries have long donated to politicians in both parties in hopes of governance that takes their interests into account, and they explicitly lobby for this as well. But in this case, Trump may have made detailed, concrete promises while simultaneously soliciting a precise amount in campaign contributions.

For instance, the Post reports, Trump vowed to scrap Biden’s ban on permits for new liquefied natural gas exports “on the first day.” He also promised to overturn new tailpipe emission limits designed to encourage the transition to electric vehicles, and he dangled more leases for drilling in the Gulf of Mexico, “a priority that several of the executives raised.”

“The phrase that instantly came to mind as I was reading the story was ‘quid pro quo,’” Whitehouse told me. He also pointed to a new Politico report that oil industry officials are drawing up executive orders for Trump to sign as president. “Put those things together and it starts to look mighty damn corrupt,” Whitehouse said.

I mean, it would be a bribe, wouldn’t it?

Clarence Thomas is whining again. The AP via Politico: Thomas says critics are pushing ‘nastiness’ and calls Washington a ‘hideous place.’

FAIRHOPE, Alabama — Supreme Court Justice Clarence Thomas told attendees at a judicial conference Friday that he and his wife have faced “nastiness” and “lies” over the last several years and decried Washington, D.C., as a “hideous place.”

Thomas spoke at a conference attended by judges, attorneys and other court personnel in the 11th Circuit Judicial Conference, which hears federal cases from Alabama, Florida and Georgia. He made the comments pushing back on his critics in response to a question about working in a world that seems meanspirited.

Jan Steen, Children want to teach a cat reading

Jan Steen, Children want to teach a cat reading

“I think there’s challenges to that. We’re in a world and we — certainly my wife and I the last two or three years it’s been — just the nastiness and the lies, it’s just incredible,” Thomas said.

“But you have some choices. You don’t get to prevent people from doing horrible things or saying horrible things. But one you have to understand and accept the fact that they can’t change you unless you permit that,” Thomas said.

Thomas has faced criticisms that he accepted luxury trips from a GOP donor without reporting them. Thomas last year maintained that he didn’t have to report the trips paid for by one of “our dearest friends.” His wife, conservative activist Ginni Thomas has faced criticism for using her Facebook page to amplify unsubstantiated claims of corruption by President Joe Biden, a Democrat.

He did not discuss the content of the criticisms directly, but said that “reckless” people in Washington will “bomb your reputation.”

“They don’t bomb you necessarily, but they bomb your reputation or your good name or your honor. And that’s not a crime. But they can do as much harm that way,” Thomas said.

His reputation is already shot to hell. Why doesn’t he just resign and get out of Washington if he hates it so much?

The New York Times: Will You Accept the Election Results? Republicans Dodge the Question.

Less than six months out from the presidential contest, leading Republicans, including several of Donald J. Trump’s potential running mates, have refused to commit to accepting the results of the election, signaling that the party may again challenge the outcome if its candidate loses.

In a series of recent interviews, Republican officials and candidates have dodged the question, responded with nonanswers or offered clear falsehoods rather than commit to a notion that was once so uncontroversial that it was rarely discussed before an election.

The evasive answers show how the former president’s refusal to concede his defeat after the 2020 election has ruptured a tenet of American democracy — that candidates are bound by the outcome. Mr. Trump’s fellow Republicans are now emulating his hedging well in advance of any voting.

For his part, Mr. Trump has said he will abide by a fair election but has also suggested that he already considers the election unfair. Mr. Trump frequently refers to the federal and state charges he is facing as “election interference.” He has refused to rule out the possibility of another riot from his supporters if he loses again.

“If we don’t win, you know, it depends,” Mr. Trump said last month when asked by Time magazine about the prospect of political violence. “It always depends on the fairness of an election.”

The authors go on to list several prominent Republicans who have refused to say if they will accept the election results. Read the rest at the NYT.

I’m going to end there. I’m really stressed out by my phone issue and a think I need a nap. Take care everyone.


Finally Friday Reads: Crime and Punishment

The smell of fear begins to bubble up through all the other odors. John Buss @repeat1968

Good Day, Sky Dancers!

These are days when you have to hold on to every instance where Justice and the Rule of Law stand firm.  The small victories come when an insurrectionist gets jail time. Today, we learned that Steve Bannon is headed to Jail.  Peter Navarro started his sentence in March.”Ex-Trump aide Peter Navarro begins serving prison sentence after historic contempt prosecution.”  This event was reported by CNN.  (Note:  BB reminded me that one of the last things Donald did in office was to pardon Bannon for fundraising for a border wall that never happened.)

His conviction was a rare example of a member of Trump’s inner circle being held accountable by the criminal justice system for their resistance to scrutiny. Navarro’s stint in prison comes as Trump himself has yet to face criminal consequences for the various crimes he’s been accused of committing.

“It’s historic, and will be to future White House aides who get subpoenaed by Congress,” Stanley Brand, a former House general counsel who now represents Navarro as one of his defense lawyers, said on Monday.

Navarro’s punishment for evading a House probe will boost the leverage lawmakers will have – under administrations of both parties – to secure cooperation in their investigations.

CNBC reports on Bannon’s next stop.  “Trump White House aide Steve Bannon loses appeal of contempt of Congress conviction.”

A federal appeals court on Friday unanimously upheld the criminal contempt of Congress conviction of former Trump White House senior aide Steve Bannon for refusing to testify and provide documents to the House committee that investigated the Jan. 6, 2021, attack on the U.S. Capitol.The appeals court rejected Bannon’s argument that he was not guilty because his attorney had advised him not to comply with a subpoena from the House committee.

The ruling by a three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia Circuit makes it more likely that Bannon will soon have to begin serving a sentence of four months in jail for his conviction of two counts of contempt.

Bannon could ask the full judicial line-up of the D.C. Circuit to hear his appeal again, which might postpone his jail term. He also could ask the U.S. Supreme Court to take an appeal of Friday’s ruling.

But such requests typically face very long odds of success.

CNBC has requested comment from Bannon’s appellate lawyer on the ruling. The decision was written by Judge Bradley Garcia, who was appointed to the D.C. Circuit appeals court last year by President Joe Biden. The other two judges on the panel were Justin Walker, who was appointed by former President Donald Trump, and Cornelia Pillard, who was appointed by former President Barack Obama.

In March, Peter Navarro, another ex-adviser to Trump, began serving a four-month federal jail sentence after the Supreme Court refused to hear an appeal of his conviction for refusing to comply with a subpoena from the Jan. 6 House committee. Pillard also was a member of the three-judge panel on the D.C. Circuit that upheld Navarro’s conviction.

Bannon will also spend 4 months in jail. This is from the New York Times.  “Federal Appeals Court Upholds Bannon’s Contempt Conviction. Stephen Bannon, a longtime ally of Donald Trump, had been found guilty of defying a subpoena from the House Jan. 6 committee. He now faces a four-month prison sentence.

The decision by the court means that Mr. Bannon could soon become the second former Trump aide to be jailed for ignoring a subpoena from the committee. The House panel sought his testimony as part of its wide-ranging investigation into Mr. Trump’s efforts to remain in power after losing the 2020 election, and its explosive hearings two years ago previewed much of the evidence used against Mr. Trump in a federal indictment filed last summer accusing him of plotting to overturn his defeat.

In March, Peter Navarro, who once worked as a trade adviser to Mr. Trump, reported to federal prison in Miami to begin serving his own four-month prison stint after a jury found him guilty of contempt of Congress for ignoring one of the committee’s subpoenas.

The judge who oversaw Mr. Bannon’s trial had allowed him to remain at home during the appeal of his conviction and is now in a position to force him to surrender.

You may also remember that there were major indictments in the Georgia case, even though the case itself was stalled.  John Eastman surrendered at a Georgia jail 8 months ago. He was released pending trial.  Three Trump lawyers–Sidney Powel, Kenneth Cheesebro, and Jenna Ellis–pleaded guilty.  Rudy Guilliani and Mark Meadows are also considered co-conspirators.

Paul Manaford got his pardon ticket punched. He’s looking to be a repeat offender.  This is from the Washington Post. “Paul Manafort, poised to rejoin Trump world, aided Chinese media deal.  The former Trump campaign chairman, likely to help manage this summer’s GOP convention, resumed consulting after being pardoned in 2020.”

After pleading guilty to money laundering and obstruction of justice, Paul Manafort, the globe-trotting political consultant and former campaign chairman for Donald Trump, asked for leniency in his sentencing, telling a federal judge five years ago that he was nearly 70 years old, struggling with health concerns and remorseful for his actions.

The judge rejected his entreaties in the spring of 2019, ordering Manafort to remain behind bars for more than seven years.Less than two years later, however, Manafort’s criminal record was wiped clean when Trump pardoned him. He was among the dozensof allies, extended family members and former campaign staffers allowed to walk free.

With his freedom, Manafort hardly retired to a quiet home life. Instead, the longtime power broker — briefly brought low by the investigation into Russian interference in the 2016 election — reengaged in international consulting, according to documents obtained by The Washington Post and people familiar with his activities who spoke on the condition of anonymity because of the matter’s sensitivity.

Manafort has been assisting an effort to launch a Netflix-like mobile streaming and entertainment platform in China that, according to corporate documents, has the endorsement of the Chinese government. In an email to The Post, Manafort said he was “not involved with China” and has “had nothing to do with China, including Chinese businesses, government, individuals, or anything else,” but acknowledged that he “was asked to make introductions to U.S. studios and potential U.S. partners in the venture.”

Manafort, now 75, also sought to advise political figures in Japan and South Korea, according to a person who was approached by party officials in those countries checking on the consultant’s reputation. Manafort has roamed widely, traveling to Guatemala last year on the invitation of a migrant advocacy group called Proyecto Guatemala Migrante. The group’s leader, Verónica Pimentel, said she and a colleague discussed Latin American politics and the Latino vote with Manafort and introduced him to a Guatemalan presidential candidate, Ricardo Sagastume, who confirmed the meeting.

Emails, documents and interviews fill in details of Manafort’s life and work between 2020, when he swapped prison for home confinement owing to the coronavirus pandemic and then landed a pardon from Trump, and this election cycle, as he prepares to reenter Trump’s orbit. Advisers say Trump is determined to hire Manafort, likely handing him a substantial role at the Republican National Convention in Milwaukee, because he appreciates that his onetime campaign chairman has remained loyal to him even while serving in prison.

The fake elector arrests in Arizona might just interfere with all the Trump repeat offenders, including the Donald up there at the top of the offensive list.  Christina Bob and Rudy Guiliani are defendants also. With its dalliance on Presidential Immunity, it looks like the Supreme Court could stall any or all of these.  Hillary Clinton was on Morning Joe on Thursday.  She made stern mention of the Court and its actions. This is from The Hill.

Former Secretary of State Hillary Clinton knocked the Supreme Court on Thursday for delaying its ruling on former President Trump’s presidential immunity claim in his federal election interference case.

“The other point I would quickly make is that the Supreme Court is doing our country a grave disservice in not deciding the case about immunity,” Clinton, the 2016 Democratic nominee for president, said in an interview on MSNBC’s “Morning Joe.”

Clinton said some Supreme Court justices were seemingly trying to find loopholes for the former president during arguments before the court late last month.

“I read the excellent decision by the court of appeals, and the judges there, I think, covered every possible argument,” Clinton said, “and what we heard when this case was tried before the Supreme Court — to my ear at least — were efforts to try to find loopholes, to try to create an opportunity for Trump to have attempted to overturn an election, to have carried out hundreds and hundreds of pages of very highly classified material for his own amusement, interest, trading — we don’t know what.”

“These are very serious charges against any American, but someone who’s both been a president and wants to be a president again — that should cause any voter to think not twice, but many, many times over, about whether we should entrust our country to him,” Clinton added.

Late last month, the Supreme Court heard arguments in Trump’s presidential immunity claim and seemed poised to grant him at least some protections from criminal prosecution after hearing two hours of arguments.

The court still has not made a decision on the question of immunity, but the justices’ lengthy discussion of how to create guardrails between official versus personal conduct suggested they may ask the lower court to revisit its decision. Doing so would almost certainly delay Trump’s numerous legal proceedings.

The court delayed Trump’s election interference case just by taking up the immunity claims rather than letting the appeal court decision stand. Any further decision at the lower court might be appealed, a process that could again send the case to the high court.

Clinton said Wednesday that the American people ought to have an answer about whether Trump is guilty in the federal election interference case and in the other cases before they head to the polls in November to decide whether to send him back to the White House.

“Justice delayed is justice denied,” Clinton said. “And the people in our country, it looks as though will most likely go to vote without knowing the outcome of these other very serious trials.”

The Supreme Court is at the end of the term and still has some pretty significant cases to decide. This is reported by CBS News‘ Melissa Quinn.  “The Supreme Court is nearing the end of its term. Here are the major cases it still has to decide.

 The Supreme Court has wrapped up arguments for its current term and until around the end of June, it will be handing down opinions for the remaining cases, among them, over a dozen involving hot-button issues including abortion, guns, homelessness, Purdue Pharma’s bankruptcy plan and the prosecution of former President Donald Trump.

This term, which began in October 2023, follows two in which the Supreme Court handed down consequential decisions unwinding the constitutional right to abortion and bringing to an end affirmative action in higher education. The justices kicked off this latest slate of cases with several involving administrative law and online speech. But it was a pair of disputes involving Trump that captured widespread attention and thrust the justices into the center of legal battles with high stakes for the former president as he mounts a bid to return to the White House.

The court has already decided one of the cases involving the presumptive Republican presidential nominee: whether Colorado could keep him off the 2024 ballot using a Civil War-era provision of the 14th Amendment. The high court ruled in March that states cannot disqualify Trump from holding the presidency under Section 3 of the 14th Amendment and allowed him to stay on the ballot.

“It’s the most consequential term of my lifetime,” said Victoria Nourse, law professor at Georgetown University, “because they’re covering a gambit of things from guns to abortion to presidential power.”

So, we’ve seen what happens when courts do their job and when they try to do something entirely different.  This is an Op-Ed from MSNBC’s Hayes Brown. “Judge Aileen Cannon set herself up for failure. Donald Trump’s classified documents case could prove difficult for even the most experienced judge. Judge Cannon is not exactly handling herself well.”

It’s entirely possible that a more experienced judge would be facing similar problems. But that Cannon is even in a position to make these decisions is due to an almost literary twist of fate. There are more than two dozen federal district judges in the southern district of Florida. Cases are assigned at random among them. It is only through the luck of the draw that Trump would see his classified documents case fall before Cannon. With the shadow of the special master case looming over her, she’s opted to take her time to get things right. Yet that has opened her up to an entirely different set of criticisms. That includes her frankly bizarre decision to have the prosecution and defense spend time on crafting potential jury instructions and arguments regarding the Presidential Records Act rather than deal with the more pressing issues on her plate.

Unfortunately for everyone who isn’t a co-defendant in this case, Cannon’s careful treading fits perfectly with Trump’s preferred strategy of delaying his court appearances for as long as possible. The trial had originally been scheduled to begin on May 20 — though given that Trump is in the middle of a separate criminal trial in New York, that was clearly not going to happen. Both Smith, who brought the charges against Trump last year, and the former president’s lawyers agreed that a delay would be necessary. Smith’s team argued that a summer trial was still possible, while Trump naturally pushed for a trial date after Election Day. Since a hearing on the matter in March, Cannon had only given hints at when a rescheduled trial would take place, the last of which was Monday when she bumped back a key CIPA-related filing deadline.

Again, the evidentiary role of classified material would likely slow down any criminal trial, let alone one involving a former president. But given the clear evidence that Trump was in possession of the documents seized despite a subpoena to return them and attempted to foil the government’s efforts to recover them, this should be an open and shut case once it gets before a jury. Instead, Cannon has only painted herself into a corner, overcorrecting from her past mistakes in a way that has only exacerbated her subsequent follies.

Well, enough of that!  At least I have an excuse to use one of my favorite Warren Zevon songs today!

What’s on your reading and blogging list today?


Wednesday Reads

Good Day!!

Master of the blue jeans2

A woman sewing blue denim pants, by “Master of the Blue Jeans.”

I’m going to begin today with a story that has nothing to do with politics or current events–just because I think it’s interesting. Did you know that people wore blue jeans way back in the 16th century? I didn’t. An art exhibit will soon open in Paris that will focus on a mysterious artist, known only as “Master of the Blue Jeans.”

Sonja Anderson at Smithsonian Magazine: When Were Blue Jeans Invented? These Paintings Suggest the Fashion Trend Dates Back to the 1600s.

An exhibition centered on the “Master of the Blue Jeans” is opening in Paris this month—and the work on display is not that of Levi Strauss, founder of the eponymous clothing company, but rather a 17th-century Italian painter.

The upcoming show at Galerie Canesso features two paintings by the mysterious artist, who was active in northern Italy in the 1600s and is known only by his “master” moniker. The painter’s oil canvases depict early iterations of the stiff blue fabric beloved today, as worn by Italian peasants. According to a statement, the pieces have proved to be important artifacts in garment history, “pushing back [blue jeans’] provenance by centuries.”

Speaking with Artnet’s Vittoria Benzine, Maurizio Canesso, an art collector and the gallery’s founder, says, “People are still not very familiar with the true history of blue jeans, as they confuse it with the material made by Levi Strauss.”

In truth, Canesso argues, when the American businessman behind Levi’s jeans started selling denim work pants in the late 1800s, he merely added metal rivets and structure to a fabric that already boasted a storied European past.

“Jeans come from Genoa, while denim comes from the French city of Nîmes,” says Canesso. Blue jeans were made with perpendicular stitches in northwest Italy, while denim was woven in chevron patterns in southern France. But the key component of the fabric’s history is its coloration.

“Until the 11th century, no one could wear blue fabric because they didn’t know how to make blue color adhere,” Canesso says. “Only in the year 1000 did this begin to happen using woad leaves, and at a very high cost. The genius of the Genoese was to find the indigo stone in India and make this an industrial and therefore low-cost process.”

The ten denim-themed paintings attributed to the master were previously thought to be the work of several different artists. But in 2004, curator Gerlinde Gruber reattributed the group of artworks to a single unnamed painter then dubbed the Master of the Blue Jeans. By 2010, Canesso had acquired all of the master’s works, and he presented them in an exhibition at his Paris gallery that same year.

“Unfortunately, we have no new theories about who the Master of the Blue Jeans was,” Véronique Damian, an art historian at Galerie Canesso, tells the Observer’s Vanessa Thorpe. Evidence indicates the artist spent the bulk of his career in Italy’s northern region of Lombardy, though he may trained elsewhere.

I’m including some of the artist’s work in this post, just because.

In the more painful world of politics, Trump had a bad day in New York yesterday, and he got some bad news in India; but he got some gifts from judges in Florida and Georgia.

As I’m sure you’re aware, Stormy Daniels testified in Trump’s hush money case yesterday. 

The Washington Post: Stormy Daniels testifies, Trump curses in an angry day in court.

Stormy Daniels, the adult-film actress at the center of Donald Trump’s hush money trial, testified Tuesday about a disturbing sexual encounter she says she had with him, leading to angry, profane muttering from the former president that alarmed the judge.

New York Supreme Court Justice Juan Merchan called Trump’s lawyer Todd Blanche to a sidebar during a midday break to say that Trump was “cursing audibly” and possibly intimidating Daniels, who had begun testifying, according to a trial transcript.

Beggar-Boy-with-a-Piece-of-Pie

Beggar Boy with a Piece of Pie (wearing a denim jacket)

“I understand that your client is upset at this point,” Merchan said to the defense attorney, according to the transcript, “but he is cursing audibly and he is shaking his head visually and that’s contemptuous. It has the potential to intimidate the witness and the jury can see that.”

Blanche assured the judge he would speak to Trump.

“I am speaking to you here at the bench because I don’t want to embarrass him,” Merchan said. “You need to speak to him. I won’t tolerate that.”

The exchange punctuated a day of rage — sometimes whispered from the defense table, sometimes declared loudly by Daniels from the witness stand.

It was one of several surreal moments on the 13th day of the first criminal trial of a former U.S. president, including descriptions by Daniels of their alleged sexual encounter in 2006 that were so detailed that defense attorneys demanded a mistrial.

While Merchan rejected their request, Daniels at times seemed to be describing nonconsensual sex that could be considered highly prejudicial for the jury, which in turn could give Trump — the presumptive Republican presidential nominee — solid grounds to appeal if he is found guilty.

It sounds like the sex actually was nonconsensual though. Daniels’ description of what happened sounds very much like a date rape situation in which she was taken advantage of by a much older and more powerful man. She was 27. He was 60. He was much taller and stronger. She was invited for dinner, but there was no dinner. When she was ready to leave, she went to the bathroom. When she came back, he was on the bed in boxers. She tried to leave, but he blocked the door. This description is from Harry Litman on Twitter:

thought time to go. when opened the bathroom door, Trump had come in and was on the bed, in boxer shirts and a t-shirt. she was startled. felt like room spun in full motion. blood leaves my hands and feet. “ohmygod — what did I miss to get here?” she laughed nervously

The next thing I knew I was on the bed. opposite side of bed. missionary position. objection – sustained

I blacked out. but I was not drugged in any way, no alcohol. didn’t feel threatened physically “There was an imbalance of power for sure. but I was not threatened verbally or physically”

Had sex with him on the bed. Merchan sustaining objections to details. Staring at ceiling didn’t know how I got there. sustained. stricken touch his skin? objection sustained. he wasn’t wearing a condom. concerning to her but didn’t say anything.

sex was brief. remembers getting dressed. sitting on edge of bed, noticed completely dark outside. hard to get shoes on, hands shaking so hard. DJT: “oh it’s great, let’s get together again honey bunch.” I just wanted to leave. DVD she signed was on nightstand.

DJT: “We have to get together again soon” “we were so fantastic together. talked about the show” I just left as fast as I could. Didn’t express any concern about Melania. or mention her. didn’t have dinner. took cab back to hotel.

I felt ashamed I didn’t stop the sex so I didn’t tell many people about it. Remembered some additional details later. Merchan very stern about level of detail — wants to keep it spare.

It’s pretty clear from Daniels’ description that she was traumatized. I doubt if the judge understands that, but maybe some jurors will. Just because she is a porn actress doesn’t mean she can’t be raped. Her description is also reminiscent of E. Jean Carroll’s experience–Trump lifted her up against the wall and grabbed her genitals before she realized what was happening. It’s also reminisce of his own description in the Access Hollywood tape–how he can grab women “by the pussy. If you’re a star they let you do it.”

Amanda Marcotte at Salon: “He was bigger and blocking the way”: Stormy Daniels takes the stand and reminds people who Trump is.

Daniels matters for reasons outside of the courtroom and the specifics of this hush-money trial. Daniels’ story is yet another reminder of what may prove to be Trump’s electoral downfall: His bottomless misogyny. 

On the witness stand, Daniels reportedly spoke quickly and was apparently quite nervous. Initially, her story of meeting Trump sounded funny. She painted him as a pathetic older man trying — and failing — to impress the younger woman. When he first asked her to dinner, she replied “no,” but with an expletive. Her publicist eventually talked her into it, hoping Daniels could leverage the connection into a spot on “The Apprentice.” In his hotel room, she described him wearing “silk or satin” pajamas and asked him to put on real clothes. He allegedly used the “don’t even sleep in the same room” line when she asked about his wife, Melania, who had recently had a baby. Daniels described Trump as “pompous” and “arrogant.” She recounted how she jokingly spanked him with a magazine, hoping to tease him into being less of a jerk.

Then the tone of her story changed, as she described how they came to have sex. Trump waited until she was in the bathroom, Daniels said, and then he stripped down to boxer shorts and a T-shirt.  “The room spun in slow motion,” she recalled on the witness stand. When she made for the door, “he was bigger and blocking the way,” she said of Trump. She denied it was sexual assault, however, because “I was not threatened either verbally or physically.” [….]

Whether or not Trump’s sexual encounter with Daniels was consensual in the legal sense, she describes it as unwanted.

“I didn’t say anything at all,” she told the court repeatedly. Claiming that she “blacked out” during the encounter, afterward, Daniels said, “my hands were shaking so hard” and “I felt ashamed that I didn’t stop it and that I didn’t say ‘No.'”

Another painting by Master of the blue jeans

Another painting by Master of the Blue Jeans

A person doesn’t have to be threatened in order for sex to be nonconsensual. Back to Marcotte’s piece:

Following Daniels’ testimony on Tuesday, I was struck by how much it has in common with what E. Jean Carroll described in her two recent civil trials, where both juries found that Trump had sexually assaulted her in the 90s. Carroll, too, told of a random encounter with Trump she initially thought to be flirty but not sexual. Like Daniels, Carroll describes teasing Trump, who famously has no sense of humor about himself. In both cases, the women describe Trump becoming aggressive after the light mockery. In Carroll’s case, the judge described what happened after as what “many people commonly understand the word ‘rape.'” Daniels, to be clear, frames her encounter with Trump differently.

Since the release of the “Access Hollywood” video in 2016, in which Trump can be heard bragging about sexual assault, the Beltway media has repeatedly tried to move on from the story of Trump’s legion of issues with women. Indeed, when Carroll’s accusations first came out in 2019, the press barely paid any mind. But the story of his rampant misogyny has never fully gone away. There was the Women’s March that overshadowed his 2017 inauguration. Then the over two dozen women who stepped forward with stories of being subject to the sexual harassment and assault Trump himself described so vividly. Trump, of course, is more responsible than any other person on the planet for the overturn of Roe v. Wade and the stampede of Republican state legislators banning abortion. He promised to stack the Supreme Court with anti-choice justices, and his three appointees provided the votes necessary in Dobbs v. Jackson Women’s Health, which ended the legal right to abortion. While Trump has tried to make moderate-sounding noises on this issue, he keeps inadvertently revealing his anti-choice radicalism. In a recent Time interview, for instance, he indicated that he’s fine if states “monitor women’s pregnancies so they can know if they’ve gotten an abortion.” 

Noah Berlansky at Public Notice: Stormy Daniels details Trump’s sleazy contempt for women.

On the stand, Daniels provided ugly details about how Trump treated her, and about how Trump treats, and views, women. These insights are notable, but they’re not new. In 2016, leaked audio of Trump making grotesque and sexist comments about women to Access Hollywood host Billy Bush almost derailed his presidential campaign. Last year, Trump was held liable for sexual assaulting and then repeatedly defaming advice columnist E. Jean Carroll.

But Daniels’s testimony is a reminder that contempt and mistreatment of women is a core theme of Trump’s life and politics. Both the press and Democratic opponents have struggled to make this issue central to 2024, even though abortion rights and women’s health care are the key issues of the campaign. It’s unclear whether the trial will spark more reporting and discussion of Trump’s treatment of and attitudes about women. But it should….

Daniels’s testimony is intended to establish the background facts of the payment. It also, though, paints Trump as a liar, a bully, and a sexual manipulator. Daniels said while she was in Trump’s hotel room, she went to the bathroom, and when he came out he was in his boxer shorts, a moment Daniels describes as “like a jump scare.” She said, “the room spun in slow motion” and she realized “I’ve put myself in this bad situation.”

Daniels is careful to emphasize that Trump did not physically coerce her. He did, however, according to Daniels, suggest that if she cooperated with him he could help her career through his connections and a possible appearance on the Celebrity Apprentice reality show, where Trump was the star. She eventually agreed to have sex even though Trump did not use a condom — she was adamant about using condoms in her adult film shoots.

Master of the blue jeans3

By Master of the Blue Jeans.

She testified that during sex she stared at the ceiling and tried to think of something else, and afterwards she had trouble dressing because her hands were shaking. She said, “I felt ashamed that I didn’t stop it and that I didn’t say no.”

Daniels kept in touch with Trump for some time because he was still offering her the chance to appear on Celebrity Apprentice, which would have been a huge mainstream boost to her career. She met with Trump once more in Los Angeles, at which point “he kept trying to make sexual advances, putting his hand on my leg, scooting closer.” She rebuffed him, and in a later phone call he admitted he was not going to put her on his television show. At that point she ceased communicating with him.

Again, Daniels has not accused Trump of sexual harassment or violence, and she says their encounter was consensual. Her testimony makes clear, though, that Trump was pressuring her for sex in return for business opportunities — a variation on the ugly tradition of the Hollywood casting couch. We don’t know if Trump ever had any intention of keeping his promises or of helping Daniels. But whether he did or not, his actions as she describes them were sleazy at best, and she found the experience painful and traumatic enough to leave her literally shaking.

The encounter doesn’t sound consensual to me. As I said above, it sounds like date rape.

More Trump legal news, and it’s not good.

Kyle Cheney at Politico: Judge Cannon indefinitely postpones Trump’s classified docs trial.

The judge presiding over Donald Trump’s criminal case in Florida — on charges that he hoarded classified secrets at his Mar-a-Lago estate after his presidency — has indefinitely postponed the trial, once scheduled for May 20.

The date had been widely expected to move amid a tangle of pretrial conflicts between special counsel Jack Smith and Trump’s attorneys. Smith had urged Judge Aileen Cannon to reschedule the trial to begin on July 8, but an order from the judge on Tuesday afternoon suggested that she is unlikely to even decide on a new trial date before late July.

Cannon, a Trump appointee who took the bench in late 2020, indicated in the order that, before setting a new trial date, she intends to resolve the backlog of other issues in the case that have piled up on her plate. Smith’s defenders have criticized Cannon for what they see as a plodding pace in resolving pretrial matters, and tensions between the special counsel and the judge have flared in recent months over a series of puzzling rulings that threatened to derail the case.

“[F]inalization of a trial date at this juncture — before resolution of the myriad and interconnected pre-trial and [classified evidence] issues … would be imprudent and inconsistent with the Court’s duty to fully and fairly consider the various pending pre-trial motions,” Cannon wrote in the five-page order.

That reshuffling further clouds the picture for Smith, who is also awaiting a Supreme Court ruling on presidential immunity that could determine whether his other case against Trump — charges in Washington D.C. for attempting to subvert the 2020 election — can move forward this year….

Trump has sought to delay all of his criminal cases until after this year’s election. If he wins, he could shut down the two federal cases brought by Smith, and the state cases in New York and Georgia also might have to be frozen.

And from The Atlanta Journal-Constitution: Court of Appeals agrees to consider DA removal in Trump election case.

The Georgia Court of Appeals on Wednesday decided to hear an appeal of a judge’s ruling allowing District Attorney Fani Willis to remain at the helm of Fulton County’s election interference case against former President Donald Trump.

The court’s decision almost certainly means a significant delay of a trial here for Trump and his 14 co-defendants and signals that Willis’ leadership role isn’t guaranteed. It is unclear how long the appeals court will take to decide the issue but they are not known for moving swiftly.

farmers-wearing-jeans-1930s

Farmers wearing jeans, 1930s

“There’s no way this case gets to trial this year,” said Atlanta defense attorney Andrew Fleischman, who is closing following the case. “I would expect the appeals court to issue its opinion some time next year.”

On March 29, Superior Court Judge Scott McAfee issued a “certificate of immediate review,” which allowed the defendants to appeal his ruling to the Georgia Court of Appeals before a trial begins.

Under Appeals Court rules, such a pretrial — or interlocutory — appeal is typically assigned to a three-judge screening panel. And all it takes is for one of those judges to decide whether the court accepts the appeal. The court’s order one-page order did not divulge which judge voted to grant the application.

In his order granting the pre-trial review, McAfee said he will continue working on the case, resolving pending motions, while the appeals court takes up the removal issue.

The bad news for Trump is that he is losing a significant percentage of Republican voters in the primaries, which are still going on. Niki Haley is still getting votes. Adam Wren and Madison Fernandez at Politico: Unexpected warning signs for Trump in busy Indiana primary.

In 2016, Indiana put Donald Trump on the doorstep of the GOP presidential nomination. But eight years later, the state he called “Importantville” delivered his campaign some flashing red warning signs as Nikki Haley cleaned up in the suburbs.

By virtue of its late-in-the-nominating-calendar primary, the Hoosier state has always occupied a unique and occasionally powerful perch to make or break candidacies: Sen. Ted Cruz and then-Ohio Gov. John Kasich dropped out immediately after Trump’s victory that year. But the barn-red state also often acts as a pace car for Republicans nationally.

And in a primary that saw a record-breaking $98 million splash across the state, according to AdImpact, Tuesday was no exception.

A zombie Haley candidacy continued to punch above its weight in the Trumpiest of states: The former South Carolina governor is on track to break 20 percent for the first time since she dropped out of the race two months ago.

Read more at the link.

I don’t know if you’ve been following the reporting about New York Times editor Joe Kahn and his pathetic explanations for why his paper seems to be rooting for another Trump presidency. 

Dan Froomkin at Press Watch: New York Times editor Joe Kahn says defending democracy is a partisan act and he won’t do it.

Joe Kahn, after two years in charge of the New York Times newsroom, has learned nothing.

He had an extraordinary opportunity, upon taking over from Dean Baquet, to right the ship: to recognize that the Times was not warning sufficiently of the threat to democracy presented by a second Trump presidency.

But to Kahn, democracy is a partisan issue and he’s not taking sides. He made that clear in an interview with obsequious former employee Ben Smith, now the editor of Semafor.

Kahn accused those of us asking the Times to do better of wanting it to be a house organ of the Democratic party:

To say that the threats of democracy are so great that the media is going to abandon its central role as a source of impartial information to help people vote — that’s essentially saying that the news media should become a propaganda arm for a single candidate, because we prefer that candidate’s agenda.

But critics like me aren’t asking the Times to abandon its independence. We’re asking the Times to recognize that it isn’t living up to its own standards of truth-telling and independence when it obfuscates the stakes of the 2024 election, covers up for Trump’s derangement, and goes out of its way to make Biden look weak.

1_Marlon_Brando_wearing_jeans_in_The_Wild_One

Marlon Brando wearing jeans in The Wild One

Kahn’s position is, not coincidentally, identical to that of his boss, publisher A.G. Sulzberger, who I recently wrote about in my post, “Why is New York Times campaign coverage so bad? Because that’s what the publisher wants.”

And to the extent that Kahn has changed anything in the Times newsroom since Baquet left, it’s to double down on a form of objectivity that favors the comfortable-white-male perspective and considers anything else little more than hysteria.

Throwing Baquet under the bus, Kahn called the summer of the Black Lives Matter protests “an extreme moment” during which the Times lost its way.

“I think we’ve learned from it. I think we found our footing after that,” he said.

I translate that to mean that the old guard has reasserted total control over the rabble.

Read the rest at Press Watch.

I’ll wrap this up with a couple of creepy stories about Robert Kennedy Jr.

In 2010, Robert F. Kennedy Jr. was experiencing memory loss and mental fogginess so severe that a friend grew concerned he might have a brain tumor. Mr. Kennedy said he consulted several of the country’s top neurologists, many of whom had either treated or spoken to his uncle, Senator Edward M. Kennedy, before his death the previous year of brain cancer.

Several doctors noticed a dark spot on the younger Mr. Kennedy’s brain scans and concluded that he had a tumor, he said in a 2012 deposition reviewed by The New York Times. Mr. Kennedy was immediately scheduled for a procedure at Duke University Medical Center by the same surgeon who had operated on his uncle, he said.

While packing for the trip, he said, he received a call from a doctor at NewYork-Presbyterian Hospital who had a different opinion: Mr. Kennedy, he believed, had a dead parasite in his head.

The doctor believed that the abnormality seen on his scans “was caused by a worm that got into my brain and ate a portion of it and then died,” Mr. Kennedy said in the deposition.

Gross. Maybe that explains some of his weird ideas?

NBC News: RFK Jr.’s new hire who downplayed Jan. 6 appears to have been at the Capitol during the attack.

A right-wing social media influencer hired by Robert F. Kennedy Jr.’s presidential campaign who previously said Jan. 6 was “Democrat misdirection” appears to have himself been on the restricted grounds of the U.S. Capitol during the attack.

Marilyn Monroe

Marilyn Monroe in blue jeans

NBC News first reported that Kennedy’s campaign hired Zach Henry’s firm, Total Virality, for “influencer engagement” in March. Henry had worked as deputy communications director for Republican Vivek Ramaswamy’s presidential campaign, as well as for Blake Masters during his Senate run in Arizona.

Henry, as NBC News reported, had posted that Jan. 6 was “no MAGA insurrection Just more Democrat misdirection” and appears to have embraced conspiracy theories about the Capitol attack, including posting that “antifa” was behind it, which is false.

But photos and videos uncovered by NBC News and online “sedition hunters,” who have aided the FBI in hundreds of cases against Capitol rioters, appear to show Henry among the mob outside the Capitol on Jan. 6, 2021, beyond the previously established police lines, although it is unclear whether any of the barricades and “restricted” signs remained by the time he arrived.

There is no indication that Henry entered the Capitol or that he engaged in assaults on police officers or in destruction of property. Federal prosecutors have almost entirely focused their resources on Jan. 6 participants who either went inside the building or committed violence or destruction outside it, so there is little chance that Henry would be charged; the few nonviolent Jan. 6 defendants who were charged solely for going on restricted Capitol grounds were generally charged with misdemeanors.

But Henry’s presence on Capitol grounds would be significant given his previous social media posts about Jan. 6 and his new position on Kennedy’s campaign as Kennedy runs for president as an independent against former President Donald Trump.

That’s it for me today. What stories have you been following?


Mostly Monday Reads: The Blinding White

Trump’s theatrics intensified over the weekend. He was photographed at a car race with his entourage in tow. His co-conspirator and personal Valet is now carrying a large briefcase. Got me thinking what was inside… John Buss, @repeat1968

Good Day, Sky Dancers!

Just when I think that Donald’s supporters can’t be any more idiotic, the groupthink leads them to some next-level crazy.  Their latest efforts are wearing adult diapers outside their jeans and touting the masculinity of diaper-wearing by adult men.  Seriously, who thought this up?  Well, here’s one explanation by FirstPost explainers. “Oh, S**t! Why are Trump’s supporters wearing nappies to rallies?”

After Donald Trump’s former lawyer Michael Cohen nicknamed him ‘Von ShitzInPantz’, the Republican candidate’s supporters are making diapers great again…or at least trying to. They are thronging rallies wearing nappies; some are donning T-shirts and holding placards with slogans like ‘Real Men Wear Diapers’ and ‘Diapers over Dems’

Just when you think US presidential elections can’t get more bizarre, they throw up a surprise. Donald Trump’s supporters do not disappoint. They are showing up at his rallies wearing nappies and shirts that read “Real Man Wear Diapers”.

But why?

Trump supporters, aka MAGAs, are responding to recent developments in the former president’s hush money trial case, where his lawyer Todd Blanche read out a string of offensive posts by his ex-lawyer Michael Cohen in the courtroom.

It’s not exactly on the same level as turning “Let’s Go Brandon” into Dark Brandon, is it? SkyNews reports that “Donald Trump supporters have started wearing nappies. They also have a new slogan: Real Men Wear Diapers.” Something tells me that not one of these folks was ever the cool kid or the nerdy kid in school.

The peculiar new craze began after Mr Trump was described as “Von ShitzInPantz”.

Michael Cohen, his former lawyer, said in a post on X last month: “Hey Von ShitzInPantz…your attacks of me stink of desperation. We are all hoping that you take the stand in your defence.”

He added, a couple of days later: “Oh… Von ShitzInPantz. Keep whining, crying and violating the gag order you petulant defendant!”

On Thursday, during Mr Trump’s hush money trial, the prosecution alleged he had further violated a gag order connected to the case.

On Tuesday, he was fined $9,000 (£7,100) and held in contempt by the judge for breaches of the same order.

But Mr Trump’s defence lawyer, Todd Blanche, said his client was the victim of attacks by both Mr Cohen and the media.

Mr Blanche also referred to comments from President Joe Biden, referring to Donald Trump experiencing “stormy weather”.

Since then, Trump supporters have apparently been trying to get back at Mr Cohen by wearing nappies and declaring that “real men” do the same.

If this is the best they can do to “own the libs,” then count me ROFLMAO.  Can you imagine what that kid in the red shirt would do if his mom made him do it for any other reason?   There are so many conspiracy theories out there that you just wonder if there’s a movement to drop Republican babies repeatedly on their heads.  This article from Salon is just eye-opening. “Who believes the most “taboo” conspiracy theories? It might not be who you think. White men with graduate degrees, a new study finds, are highly likely to hold especially noxious beliefs.”  Paul Rosenburg is the writer and provides some insight into the study.

Like Henry Ford before him, Elon Musk has emerged as America’s top conspiracy spreader. But he’s hardly alone. Robert F. Kennedy Jr. is the conspiracy-theory candidate for president, and as Paul Krugman observed last summer, was attracting “support from some of the biggest names in Silicon Valley”:

Jack Dorsey, who founded Twitter, has endorsed him, while some other prominent tech figures have been holding fund-raisers on his behalf. Elon Musk, who is in the process of destroying what Dorsey built, hosted him for a Twitter Spaces event.

Krugman didn’t focus on conspiracy theory as such but on something closely related: distrust of experts and skepticism about widely accepted facts. He described this tendency as the “brain rotting drug” of reflexive contrarianism, quoting economist Adam Ozimek.

That wasn’t exactly scientific, but a new paper entitled “The Status Foundations of Conspiracy Beliefs” by Saverio Roscigno, a PhD candidate at the University of California, Irvine, is. Its most eye-catching finding is the discovery of “a cluster of graduate-degree-holding white men who display a penchant for conspiracy beliefs” that are “distinctively taboo.”

Specifically, Roscigno writes, “approximately a quarter of those who hold a graduate degree agree or strongly agree” that school shootings like those at Sandy Hook and Parkland “are false flag attacks perpetrated by the government,” which is “around twice the rate of those without graduate degrees.” Results are similar for the proposition that the number of Jews killed in the Holocaust “has been exaggerated on purpose.”

These findings are striking for many reasons. Most obviously, they go against the common belief — long supported by research — that conspiracist beliefs are more common among lower-income and less-educated individuals. They also challenge the  formulation popularized by Joseph Uscinski that “conspiracy theories are for losers,” and should be understood as “alarm systems and coping mechanisms to help deal with foreign threat and domestic power centers” that “tend to resonate when groups are suffering from loss, weakness, or disunity.”

Von ShitzinPants, by @deAdder

What follows the introduction is an interview with Roscigno that is quite enlightening.  Follow the link to read more.

Minority Leader Hakeem Jeffries has laid out some important election messaging. “‘If Roe v. Wade can fall, anything can fall,’ says Jeffries in stressing importance of elections.”  This is reported by Nick Robertson at The Hill.

House Minority Leader Hakeem Jeffries (D-N.Y.) emphasized the stakes of the 2024 election in a “60 Minutes” interview on Sunday, warning that much more than abortion rights are at risk if former President Trump gets a second term.

He told CBS’ Norah O’Donnell that reproductive freedom will be an “incredibly significant” issue in the race.

“And the extreme MAGA Republicans have set in motion the erosion of reproductive freedom,” he said. “We’re gonna fight for it with everything that we’ve got at our disposal.”

“If Roe v. Wade can fall, anything can fall,” he continued. “Social Security can fall. Medicare can fall. Voting rights can fall. And God help us all, but democracy itself can fall. If Roe v. Wade can fall, then anything can fall.”

Jeffries’ comments come as Democrats turn their sights on battleground states focusing on abortion rights arguments, as Arizona, Florida, Montana and others prepare for abortion rights ballot issues.

GOP state lawmakers in Arizona overturned a Civil War-era abortion restriction last week after multiple attempts and mass criticism from Democrats, while another strict abortion law went into effect in Florida on Wednesday.

But Jeffries also said that Democrats need to run on a positive message, in addition to warning about what Republicans could take away. He pointed to the gun safety regulation and investments in manufacturing as the “real results.”

However, most Americans still perceive the Biden economy as weaker than the economy under President Trump, according to polls, as the Biden campaign struggles to change the narrative.

The biggest problem is that many Americans believe completely untrue things. That last sentence shows just one.  Here’s another lie that Donald spins constantly.

Given that crime is a staple element of tabloid news, coverage of local tragedies, rather than seeming to occur at a distance, brings the specter of mayhem into communities that experience little or no crime. As Gideon Taffe of Media Matters reported in January 2023, Fox produced “a misleading narrative” about the United States being in the grip of a crime wave in 2022, devoted 11 percent of its reporting to the topic in advance of the midterm election. But that crime wave was “largely created by its own relentless coverage,” Taffe writes. “By focusing on racist stereotypes, smearing progressive prosecutors and pushing conspiracy theories, Fox made crime one of the biggest perceived ailments in the country and pushed far-right policy prescriptions ahead of the election.

The only sane policy responses, Fox hosts proclaimed, were those embraced by the Party of Trump. And these “draconian solutions” meant a return to policies forcibly ended in the courts as civil rights violations:

”Fox personalities began arguing for a return to “Broken Windows” policing, which involves aggressive enforcement and harsher sentences for lower level crimes. In reality, there is no evidence that this strategy works as a deterrent to reduce crime, and other heavy-handed policing tactics based on the broken windows theory have been found to significantly discriminate against Black Americans and other minority groups.

But as Taffe also pointed out, crime in the United States has dramatically decreased — 73 percent, to be precise — over the last thirty years. 2023 saw the biggest national drop in murder rates ever recorded (6 percent) and murders in cities dropped 12 percent. Yes, there are periodic crime spikes. (There was one during the pandemic). But overall, the trend is towards less crime.

The Atlantic’s crime reporter, Jeff Asher, pointed out that less crime doesn’t mean no crime. Yet “declining murder does not mean there were not thousands upon thousands of these tragedies this year,” he wrote on his Substack:

Nor does it mean that there was an acceptable level of gun violence, even in places seeing rapid declines. It simply means that the overall trend was extraordinarily positive and should be recognized as such.Detroit is on pace to have the fewest murders since 1966 and Baltimore and St Louis are on pace for the fewest murders in each city in nearly a decade. Other cities that saw huge increases in murder between 2020 and 2022, like MilwaukeeNew Orleans and Houston, are seeing sizable declines in 2023. There are still cities like Memphis and Washington, DC, that are seeing increasing murders in 2023, but those cities are especially notable because they are the outliers this year, not the norm.

How can Jeffries and others get through the roar of Donald and Fox News(sic)  lies? Trump spent the weekend in Florida fundraising and propping up his propaganda machine while moaning about the unbearable whiteness of being. He just can’t get any breaks, can he? This is from the Washington Post. “After big weekend in Palm Beach, Trump returns to N.Y. courtroom.”

A donor luncheon at Donald Trump’s Mar-a-Lago estate over the weekend provided the former president a chance to size up his potential 2024 running mates, several of whom were in attendance, and to escalate attacks on prosecutors in his four criminal cases. On Monday, he is back in a New York courtroom as a trial continues in one of those cases. Trump has been charged with falsifying records to cover up paying hush money to an adult-film actress during the 2016 presidential campaign.

Two potential VEEP candidates are not doing well in the media spotlight.  We all know now about poor Cricket’s demise at the hands of South Dakota Governor Kristi Noem.  Now, Tim Scott is looking worse all the time. This is from CNN. “‘A very chilling signal’: Ex-Trump DHS official reacts to Tim Scott’s answer about accepting election results

Sen. Tim Scott (R-SC), a potential vice presidential pick for Donald Trump, refused to commit to saying he would accept the results of the 2024 presidential election. Miles Taylor, former chief of staff at the US Department of Homeland Security, says it is part of Scott’s audition to be Trump’s running mate.

Both display a worrying lack of character, much like Trump supporters show few signs of higher brain function.  It really gets to me after a while.  Last night, some crazy drunk guy emptied two clips near a Bed and Breakfast catering to the gay community where there was a courtyard full of partiers.  One of my neighbors found out that he was mad that his car broke down.  It was less than a block from me.  Thankfully, the police got him immediately, and no one was hurt. Two other shootings in the city were reported, but not this one.  I’m waiting for the rationale behind this, even though none exists.  Our governor and his legislature just removed all the civil rights gains we made in criminal law and policing here.   We also are now a state that no longer requires permits for any kind of gun ownership.

I heard the first round while sitting here at my desk.  I heard the second round of shots, and then there was the loud, short sound of a police siren.  Temple, eager for her last walk, and I stuck our heads out the door and saw that there were at least 10 police cars but no SWAT van, EMS, or Coroner.  The amazing number of blue lights made me tip-toe out of my gate and up to the bar on the corner.  I had a nice conversation with the two guards at the abandoned navy base and found out as much as I could.  I didn’t sleep well last night and am still slightly shaky as I write this.  The number of shots that came from each clip was beyond imagination.

Among all the other things we need, like access to proper healthcare, criminal justice reform, respect for differences, and such, we really need sensible gun laws.

And, ah, the burden of whiteness!!

In the current phase of the dispute, a three-judge trial judge panel sided with a group of 12 self-described “non-African American” voters who alleged that their “personal dignity” had been injured because the new map with two Black-majority districts “racially stigmatizes,” “racially stereotypes” and “racially maligns” them.

Their lawsuit said that the congressional plan amounted “to the application of affirmative action in redistricting, unseen in previous racial gerrymandering” cases and violated the Constitution’s equal protection clause.

Last week, the two Trump-appointed judges in the majority rejected arguments from the state that the lawmakers had other reasons besides race for drawing the plan the way they did. The state had pointed to the desires by state lawmakers to protect certain congressional incumbents.

I hope your week goes well. Mine is starting off a bit weird. All hugs are appreciated!

What’s on your reading and blogging list today?

It’s times like these you learn to live again
It’s times like these you give and give again
It’s times like these you learn to love again
It’s times like these time and time again