Tuesday Reads: Republicans Fight the Law; Will the Law Win?

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Good Afternoon!!

Remember that so-called “whistleblower” that House Republicans were so excited about? They claimed to have a witness who would blow their “Biden family corruption” case wide open. Then the witness supposedly disappeared and they had no idea where he was. Well, yesterday the DOJ indicted the guy. It turns out he’s an agent for China.

The Daily Beast: GOP’s ‘Missing’ Biden Probe Witness Faces Laundry List of Federal Charges.

The “missing” witness long-touted by Republicans in Congress as the missing link to their probe into alleged Biden family corruption was accused Monday of being an unregistered foreign agent for China and an international arms trafficker while violating U.S. sanctions on Iran and lying to investigators, among a laundry list of other federal charges.

Dual U.S.-Israeli citizen Gal Luft had already skipped out on his bail while in Cyprus awaiting extradition to the U.S. for a separate case in March—though he alleges that the sprawling case against him represents political persecution and retaliation by the Biden administration against a potential witness.

The House Oversight Committee has for months touted a secret “informant” who could provide evidence of an alleged “quid pro quo” deal for foreign aid between an Obama-era Biden and an unnamed country—though details of the arrangement remain murky and unverified at best.

Those claims partially unraveled when Rep. James Comer (R-KY) in May held a much-hyped press conference in which he promised to expose the preliminary findings of four months’ worth of scrutiny into the Biden family’s business dealings—while failing to air any real evidence of corruption. He then offered a partial excuse for the failure: their star witness had up and disappeared….

Luft then came forward days later in an interview with New York Post opinion columnist Miranda Devine, alleging that he was hiding out in an undisclosed location after being arrested on five charges, including arms dealing across the Third World, as well as a violation of the Foreign Agents Registration Act, among other charges.

“The chances of me getting a fair trial in Washington are virtually zero,” he told Devine as the reason he skipped out on his bail. “I had to do what I had to do.”

Comer and other Republican House members continued to tout Luft as a credible witness right up until Friday, the day before charges were announced by the SDNY.

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

More information on Luft from The Independent: ‘Whistleblower’ who accused Bidens of corruption is charged with arms trafficking and violating Iran sanctions.

A “whistleblower” who has repeatedly accused the Bidens of corruption has been charged by the Justice Department with arms trafficking, acting as a foreign agent for China and violating Iran sanctions.

Gal Luft, who is a citizen of both the United States and Israel, is accused of paying a former adviser to Donald Trump on behalf of principals in China in 2016 without registering as a foreign agent.

Prosecutors say that Mr Luft pushed the former government employee, who is not named, to push policies that were favourable to China.

They also allege that he set up meetings between officials of Iran and a Chinese energy company to discuss oil deals, which would violate US sanctions.

They also alleged that Mr Luft “conspired with others and attempted to broker illicit arms transactions with, among others, certain Chinese individuals and entities” by working as a middleman to find both buyers and sellers for “certain weapons and other materials” in violation of the US Arms Control Act.

Specifically, prosecutors say he attempted to broker a sale of anti-tank weapons, grenade launchers and mortar rounds to Libya by Chinese companies, and also pushed to arrange for the United Arab Emirates to purchase bombs and rockets, and for Kenya to acquire unmanned aerial vehicles capable of striking targets on the ground.

He sounds like a great witness for the Republican “investigations.”

Mr Luft, 57, was arrested in Cyprus in February on US charges but fled after being released on bail while awaiting extradition and is not currently in US custody.

US Attorney for the Southern District of New York Damian Williams said in a statement that Mr Luft “engaged in multiple, serious criminal schemes”.

“He subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking U.S. Government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement,” Mr Williams said.

“As the charges unsealed today reflect, our Office will continue to work vigorously with our law enforcement partners to detect and hold accountable those who surreptitiously attempt to perpetrate malign foreign influence campaigns here in the United States”.

Comer was still defending this guy as a credible witness last night on NewsMax.

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Yesterday Judge Cannon granted a short delay in for Walt Nauta to appear in the Mar-a-Lago stolen documents case.

Raw Story: Judge Aileen Cannon grants ‘unnecessary’ delay in Trump documents case.

Controversial U.S. District Judge Aileen Cannon granted a delay for Donald Trump’s aide and co-defendant Walt Nauta in a classified documents case. Prosecutors have called the delay “unnecessary.”

In a filing on Monday, Nauta’s team asked to delay Friday’s hearing, which was set to determine how some materials would be handled in the trial. The attorneys did not propose a date for the new hearing.

“An indefinite continuance is unnecessary, will inject additional delay in this case, and is contrary to the public interest,” special counsel Jack Smith said in a subsequent filing on Monday.

On Tuesday, Cannon granted a 4-day delay, setting the new hearing for July 18 at 2:00 P.M. A court filing said Trump and Smith had agreed to the new date.

This is obviously part of Trump’s usual strategy of delaying court cases as long as possible. Now the Trump lawyers are trying to get Cannon to delay the case until after the 2024 election!

The New York Times: Trump Lawyers Seek Indefinite Postponement of Documents Trial.

Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.

The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.

While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.

There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely….

Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.

This really is a test for Cannon. If she grants such a delay, she should be replaced.

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Here are some details on the Trump filing, from the TPM Morning Memo, by David Kurtz.

Some of the filing is the usual defense counsel performative moaning and groaning and sighing heavily about all the work involved and the inherent advantages prosecutors have over them because they’ve long had access to the evidence, blah blah blah. To that end, Trump wants U.S. District Judge Aileen Cannon to:

  • withdraw her order for an August 2023 trial;
  • reject DOJ’s proposal for a December 2023 trial; and
  • postpone indefinitely even setting a trial date.

But there’s more than the usual slow-rolling going on here. And it matters to the big question of whether Cannon can and will keep the Mar-a-Lago case on track for a trial before the 2024 presidential election.

Trump’s claims in this regard are remarkable:

  • He’s too busy running for president to be put on trial.
  • He’s too busy with other criminal and civil trials to add this one to the calendar.
  • He’s still trying to make the case about the Presidential Records Act (it’s not).
  • “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”
  • You can’t find an impartial jury in the midst of a presidential election.

The overall thrust of the filing by Trump is that a trial before the election is not advisable, though it stops short of saying so explicitly.

One more on the documents case from Jose Pagliery at The Daily Beast: Mar-a-Lago Jury Selection Will Be a MAGA Country Minefield.

The federal judge overseeing Donald Trump’s classified documents trial is taking steps that could stock the jury box with the former president’s supporters.

U.S. District Judge Aileen M. Cannon has set the upcoming trial to open on Aug. 14 at her tiny satellite courthouse in the northern reaches of her district, which stretches from the tropical Florida Keys to the citrus groves halfway up the state.

That decision means Trump’s jurors are set to be drawn from the most brightly red corner of a vast court district, plucked from a community that leans heavily Republican—instead of the highly populous and more Democratic urban areas further south….

Park View, Aksel Jørgensen, Danish, 1909

Park View, Aksel Jørgensen, Danish, 1909

Several Miami lawyers, some of whom asked to remain anonymous because they have active cases before Cannon, noted that Trump’s chances to win what otherwise appears to be an insurmountable criminal case increase the further north he goes.

“You drive around, and you’ll see ‘Trump’ flags and ‘Make America Great Again’ flying in front of houses,” said Paul Bernard, a criminal defense lawyer in Fort Pierce. “With Trump’s trial down this way, he’s going to have a bunch of supporters—and they’re going to make their way onto the jury panel.”

According to local court rules, federal trials in the Fort Pierce division draw jurors from five counties: Highlands, Indian River, Martin, Okeechobee, and St. Lucie.

It’s solidly MAGA country: all five counties voted heavily in favor of Trump in the 2020 election he ultimately lost, with Okeechobee topping out at 72 percent. Across the board, the former president nabbed 62 percent of the vote on average.

Read the whole thing at The Daily Beast link.

There is also news in the Georgia election interference case.

The Atlanta Journal-Constitution: Grand jurors who will consider Trump charges to be selected Tuesday.

The selection of two Fulton County grand juries will be made Tuesday, with one of the panels expected to decide whether to hand up an indictment for alleged criminal interference in the 2020 presidential election.

One set of jurors is likely to be asked to bring formal charges against former President Donald Trump and other well-known political and legal figures. In a letter to county officials almost two months ago, District Attorney Fani Willis indicated the indictment could be obtained at some point between July 31 and Aug. 18.

Willis began her investigation shortly after hearing the leaked Jan. 2, 2021, phone call in which Trump asked Secretary of State Brad Raffensperger to “find” the 11,780 votes he needed to defeat Joe Biden in Georgia. She later convened a special purpose grand jury which examined evidence and heard testimony over an almost eight-month period. Its final report, only part of which has been made public, recommended multiple people be indicted for alleged crimes.

Ravens, by Päivi Ollila (Finnish, b. 1982)Superior Court Judge Robert McBurney, who oversaw the special purpose grand jury, will preside over Tuesday’s selection of the two grand juries for this term of court.

Each panel will have 23 grand jurors, plus three alternates. One panel will meet Mondays and Tuesdays, the other Thursdays and Fridays. Both will work in secret and are expected to decide whether to hand up indictments in hundreds of cases. It is unclear which one will consider the much-anticipated election-meddling case.

When a grand jury meets, at least 16 members must be present to conduct business. At least 12 grand jurors must vote to bring an indictment. The burden of proof is much lower for a grand jury to indict someone than it is for a jury to convict or acquit someone and grand jurors typically hear only from the prosecution.

It sounds like indictments could be coming soon.

One more story out of Georgia, from Kaitlyn Polantz at CNN: Rudy Giuliani is negotiating possible resolution to lawsuit brought by 2 Georgia election workers.

Rudy Giuliani is negotiating a possible resolution in his ongoing court dispute with former Georgia election workers Wandrea “Shaye” Moss and Ruby Freeman, after they accused him of defaming them following the 2020 election and already won nearly $90,000 from him for attorneys’ fees.

The lawsuit from Moss and her mother, Freeman, presents a significant risk to Giuliani financially. It also comes at a time when the former New York mayor and Manhattan prosecutor is attempting to fend off two disbarment proceedings, as well as interest from special counsel Jack Smith’s office, which is criminally investigating Donald Trump’s response to the 2020 vote, of which Giuliani was a central player.

In a court filing late Friday, Moss and Freeman’s legal team disclosed that Giuliani’s lawyer approached them on Thursday “to discuss a potential negotiated resolution of issues that would resolve large portions of this litigation and otherwise give rise to Plaintiffs’ anticipated request for sanctions.”

“Counsel for both parties have worked diligently to negotiate a resolution and believe they are close,” Moss and Freeman’s lawyer wrote.

The negotiation is over “certain factual issues regarding Defendant Giuliani’s liability,” the court filing also said.

Another update on the negotiations is expected in court on Tuesday….

Moss and Freeman accuse Giuliani of scapegoating them in a fabricated effort to undermine how votes were counted in Georgia in 2020.

That’s all I have for you today–lots of legal news involving corrupt Republicans. What else is new?


Monday Reads: Republicans and their Cultural Revolution

Sunrise over the Fields at Eragny, Camille Pissaro, 1891

Good Day, Sky Dancers!

Yes.  That headline associates what’s going on today with Republican government officials and Mao’s Cultural Revolution.

It’s still hot here, although we’re not topping out at 99.  It was 86 at 9 am, and I’m still not used to waking up to that kind of heat.  I believe this is the new normal, even though I seriously don’t want to believe it.  This is extreme heat.

Judd Legum reports this today in a piece called “Pride and Prejudice.”

Last week, seven Republican state attorneys general sent a letter to Target CEO Brian Cornell warning that selling LGBTQ-themed merchandise “to families and young children” may be illegal. The letter, written by Indiana Attorney General Todd Rokita (R) — and co-signed by the attorneys general of Arkansas, Idaho, Kentucky, Missouri, Mississippi, and South Carolina — alleges that selling “LGBT-themed onesies, bibs, and overalls, t-shirts” could violate “[s]tate child-protection laws” prohibiting the “sale or distribution… of obscene matter.” An item is obscene, the letter notes, if its “dominant theme… appeals to the prurient interest in sex.”

The actual LGBTQ-themed merchandise sold by Target in kids sizes, however, is patently not obscene.

The letter cites a number of other state laws “to protect children,” including new laws requiring material “harmful to minors” to be removed from school libraries, prohibiting “gender transition procedures on minors,” and banning the use of a minor’s preferred pronoun. The attorneys general admit that “these laws may not be implicated” by the merchandise for sale at Target but “they nevertheless demonstrate that our States have a strong interest in protecting children.”

Unable to marshall a real legal argument, much of the letter involves parroting misinformation about the items offered for sale in Target during Pride Month. For example, the letter claims that Target sold “girls’ swimsuits with ‘tuck-friendly construction’ and ‘extra crotch coverage’ for male genitalia.” This is false. Those swimsuits were “only offered in adult sizes.”

The attorneys general also object to Target selling a t-shirt called “Pride Adult Drag Queen Katya.” As the name suggests, this is a t-shirt that is offered only in adult sizes.

So, is this obscene in your view?

Sunset, Rouen, Camille Pissarro, 1898

The Culture Crusaders of the Republican party are getting more outrageous by the day. Nick Robbins-Early at The Guardian describes the right’s behavior in Congress, taking aim at the Maga crowd. “‘A deranged ploy’: how Republicans are fueling the disinformation wars. Several actions by the far right in the last month could result in a flood of conspiracy theories before the 2024 election”  Republicans use propaganda to drive their cult to extreme beliefs.  Stacked Federal Courts allow the crazy to question established law and weird interpretations of the US Constitution.

A federal judge in Louisiana ruled last week that a wide range of Biden administration officials could not communicate with social media companies about content moderation issues, and in a lengthy opinion described the White House’s outreach to platforms as “almost dystopian” and reminiscent of “an Orwellian ministry of truth”.

The ruling, which was delivered by the Trump-appointed judge Terry Doughty, was a significant milestone in a case that Republicans have pushed as proof that the Biden administration is attempting to silence conservative voices. It is also the latest in a wider rightwing campaign to weaken attempts at stopping false information and conspiracy theories from proliferating online, one that has included framing disinformation researchers and their efforts as part of a wide-reaching censorship regime.

Republican attorneys general in Missouri and Louisiana have sued Biden administration officials, the GOP-controlled House judiciary committee has demanded extensive documents from researchers studying disinformation, and rightwing media has attacked academics and officials who monitor social media platforms. Many of the researchers involved have faced significant harassment, leading to fears of a chilling effect on speaking out against disinformation ahead of the 2024 presidential election.

The Republican pushback against anti-disinformation campaigns has existed for years, alleging that content moderation on major platforms has unfairly targeted conservative voices. Many tech platforms have instituted policies against misinformation or hateful speech that have resulted in content such as election denial, anti-vaccine falsehoods and far-right conspiracy theories being removed – all which tend to skew Republican. But research has found that allegations of anti-conservative bias at social media companies have little empirical evidence, with a 2021 New York University study showing that these platforms’ algorithms instead often work to amplify rightwing content.

The rightwing narrative of tech platform censorship persisted, however, intensifying as companies prohibited medical misinformation about Covid-19. It gained additional momentum last year after the Department of Homeland Security rolled out a disinformation governance board aimed at researching ways to stop malicious online influence campaigns and harmful misinformation. Republican politicians and rightwing media immediately seized on the board as proof of a leftist authoritarian plot.

Sunrise on the Sea, Camille Pissaro, 1883

Extremist positions are imperiling the lives of pregnant women.  This is an exclusive from CNN. “A 45-year-old got pregnant in a state with a ban on abortions. She flew across the country to get one.”

When 45-year-old Victoria realized she was five weeks late and the lines showed as positive on two pregnancy tests, the New Orleans resident dreamed up a plan to get an abortion.

Traveling out of state was the only abortion option for Victoria, who asked CNN to withhold her last name out of fear of backlash against her and her family. Louisiana is one of several states that have essentially banned all abortions.

“It was probably one of the hardest things I’ve had to go through, from the moment of discovering that I was pregnant at age 45 to actually having to have to take time off work, travel across the country, do a meeting with a doctor, and then take the pills and then skedaddle back home and then go to work like nothing had happened,” Victoria told CNN of her experience earlier this year.

Victoria’s story about the distance she traveled and the hardships she endured to get an abortion reflects a wider American reality, where women seeking the procedure must navigate through a patchwork of states with varying levels of access.

The average travel time to an abortion facility more than tripled, from less than 30 minutes to more than an hour and a half, after the US Supreme Court overturned Roe v. Wade in 2022, according to a November study in the Journal of the American Medical Association. And for women in Texas and Louisiana, average travel times to the nearest abortion facility were seven hours longer – almost a full workday in travel time to get an abortion.

Victoria says she was grateful she could drop everything and afford to spend $1,000 for the procedure, including same-week airfare with connections both ways and appointment and medication fees.

Sunset, Claude Monet, 1880

You can imagine what it would take if this woman didn’t have a supportive boss as well as money.  Read more about her journey at the link.

Of course, for many of these folks, it’s all about the money.  This is another dynamite piece of journalism by ProPublica “Right-Wing Websites Connected to Former Trump Lawyer Are Scamming Loyal Followers With Phony Celebrity Pitches. A mysterious network called AdStyle is placing ads with fake endorsements from celebrities like Oprah Winfrey and Elon Musk on conservative sites based in the U.S. and abroad.”

Oprah Winfrey looked upset.

The photo caught her midsentence, her left hand jabbing at the camera.

“They are twisting everything,” the TV icon was quoted as saying, under a red “BREAKING NEWS” banner.

The ad featuring the Winfrey image and quote ran on the conservative website DC Swamp Tales. It directed readers to a webpage that resembled a news article. The text spun a narrative about a television interviewer who unfairly berated Winfrey for promoting a revolutionary product that could “reverse Dementia instantly & for good.”

But there was no such dispute. Winfrey’s quote was fake, and her name and likeness were used without permission. The product, a low-dose, cannabis-derived gummy supplement, does not treat dementia, let alone reverse it.

“These ads are false. Oprah Winfrey does not have anything to do with these products,” Nicole Nichols, a spokesperson for Winfrey’s company Harpo Inc., told ProPublica.

Such scam ads have proliferated on right-wing websites worldwide in the past eight months. They use fake endorsements from celebrities including Winfrey, country music singers Dolly Parton and Reba McEntire, Twitter and Tesla owner Elon Musk, actor Ryan Reynolds, Canadian prime minister Justin Trudeau and former German chancellor Gerhard Schröder to promote dubious medicines and cryptocurrency frauds. Conservative publishers make money from each click on a deceptive ad, exploiting their like-minded readers.

The ads were placed by AdStyle, an ad network whose corporate website lists it as being registered in Delaware with an office in Boca Raton, Florida. Its website said it is “trusted by” major brands including Toyota, Ikea, EA Games and L’Oréal. But Florida and Delaware corporate registries have no record of AdStyle, which appears to be operated by a Latvian couple living in Italy. Spokespeople for Toyota and Ikea said they could not find any records of those companies working with AdStyle. EA Games and L’Oréal did not respond to queries.

“These ads are certainly terrible,” said Kirsten Grenier Burnett, a spokesperson for McEntire. Spokespeople for Trudeau, Musk, Reynolds, Shröder and Parton either did not respond or declined to comment.

This month, after reporters contacted AdStyle, the “trusted by” assertion and the brand logos were removed from the company’s website.

So, I’m about to go to lunch with a pal I’ve known from grade school to high school. We were folk-singing girls with guitars!  Anyway, continue the conversation or post what you’re reading!

What’s on your reading and blogging list today?


Lazy Caturday Reads

sea-cat-art-heidi-taillefer-painting-surreal-cat-pictura-sea-pisica

Sea cat art by Heider Taillefer

Happy Caturday!!

I’m in a surreal frame of mind this morning. I’m not sure what’s wrong with me. I have a sore throat and I feel kind of lightheaded. I hope I’m not getting sick. Maybe it’s just because I’m reading a surreal book, The Secret History, by Donna Tartt. I know I should have read it years ago, but somehow I never got around to it. It’s very different from what I expected. I knew it was about a murder involving upper middle class classics students at a college in Vermont. I didn’t expect it to be full of slapstick humor. It’s somewhat disconcerting, but very well written. It has definitely taken my mind off the horror of U.S. politics.

Speaking of surreal murders, 73-year-old Lesley Van Houten is going to be let out of prison. NBC News: Manson family killer Leslie Van Houten will be paroled, lawyer says, after Gov. Newsom drops fight.

Leslie Van Houten, a follower of Charles Manson who was convicted in two killings, will be paroled in weeks, her attorney said Friday after California’s governor said he would not challenge it at the State Supreme Court.

“She’s thrilled,” Van Houten’s attorney Nancy Tetreault said.\Van Houten, now 73, will be paroled in the next several weeks after spending more than five decades in prison, Tetreault said.

An appeals court ruled in May that Van Houten is eligible for parole, reversing a decision by Gov. Gavin Newsom to reject parole.

Newsom, who has repeatedly blocked efforts for Van Houten to be paroled, had until Monday to file a challenge with the state Supreme Court.

Newsom, a Democrat, said Friday he would not do so….

Van Houten is serving a life sentence after being convicted along with other cult members of the 1969 killings of Leno and Rosemary LaBianca in Los Angeles.

A jury convicted Van Houten in 1971 of two counts of first-degree murder and one count of conspiracy to commit murder. She was initially sentenced to death, but that was overturned and she has spent 52 years in state prison.

Van Houten has been before the state Board of Parole Hearings more than 20 times. The board has recommended Van Houten be paroled five times since 2016, according to the state Department of Corrections and Rehabilitation.

She threw her life away back in 1969 when she chose to follow instructions from Manson and his  bloodthirsty cult member Susan Atkins. I doubt if she’s a danger to society at this point. 

Paris-Through-my-window-1913 marc Chagall

Paris Through My Window, by Marc Chagall, 1913

There’s a bit of Trump investigation news this morning from New York Times both-sides reporter Michael Schmidt: Trump Asked About I.R.S. Inquiry of F.B.I. Officials, Ex-Aide Says Under Oath.

John F. Kelly, who served as former President Donald J. Trump’s second White House chief of staff, said in a sworn statement that Mr. Trump had discussed having the Internal Revenue Service and other federal agencies investigate two F.B.I. officials involved in the investigation into his campaign’s ties to Russia.

Mr. Kelly said that his recollection of Mr. Trump’s comments to him was based on notes that he had taken at the time in 2018. Mr. Kelly provided copies of his notes to lawyers for one of the F.B.I. officials, who made the sworn statement public in a court filing.

“President Trump questioned whether investigations by the Internal Revenue Service or other federal agencies should be undertaken into Mr. Strzok and/or Ms. Page,” Mr. Kelly said in the statement. “I do not know of President Trump ordering such an investigation. It appeared, however, that he wanted to see Mr. Strzok and Ms. Page investigated.”

Mr. Kelly’s assertions were disclosed on Thursday in a statement that was filed in connection with lawsuits brought by Peter Strzok, who was the lead agent in the F.B.I.’s Russia investigation, and Lisa Page, a former lawyer in the bureau, against the Justice Department for violating their privacy rights when the Trump administration made public text messages between them.

I hope Page and Strzok finally get their revenge on Trump.

The disclosures from Mr. Kelly, made under penalty of perjury, demonstrate the extent of Mr. Trump’s interest in harnessing the law enforcement and investigative powers of the federal government to target his perceived enemies. In the aftermath of Richard M. Nixon’s presidency, Congress made it illegal for a president to “directly or indirectly” order an I.R.S. investigation or audit.

The New York Times reported last July that two of Mr. Trump’s greatest perceived enemies — James B. Comey, whom he fired as F.B.I. director, and Mr. Comey’s deputy, Andrew G. McCabe — were the subject of the same type of highly unusual and invasive I.R.S. audit.

It is not known whether the I.R.S. investigated Mr. Strzok or Ms. Page. But Mr. Strzok became a subject in the investigation conducted by the special counsel John Durham into how the F.B.I. investigated Mr. Trump’s campaign. Neither Mr. Strzok nor Ms. Page was charged in connection with that investigation, which former law enforcement officials and Democrats have criticized as an effort to carry out Mr. Trump’s vendetta against the bureau. Mr. Strzok is also suing the department for wrongful termination.

Mr. Strzok and Ms. Page exchanged text messages that were critical of Mr. Trump and were later made public by Rod J. Rosenstein, then the deputy attorney general under Mr. Trump, as he faced heavy criticism from Republicans on Capitol Hill who were trying to find ways to undermine him.

Katzenworld, Femke Hiemstra

Katzenworld, Femke Hiemstra

NBC has an interesting excerpt from the new book by former Trump official Miles Taylor: White House officials worried Trump showed reporters classified material while in office, new book recounts.

A forthcoming book by an ex-Trump administration aide describes an episode in which officials worried that then-President Donald Trump was cavalier in his handling of classified information while talking to reporters, according to a copy obtained by NBC News.

Miles Taylor, who was a top aide to Homeland Security Secretary Kirstjen Nielsen, writes about the 2018 episode in a book set to be published this month. As a sitting president at the time, Trump had broad powers to declassify information. Yet the incident Taylor describes suggests that his aides still believed he needed to show more care toward state secrets — an issue that landed him in legal peril after he left office and took sensitive records with him….

Trump was still president when the episode Taylor described unfolded Oct. 18, 2018. Taylor writes that he was in a private meeting in the West Wing with John Bolton, who was then Trump’s national security adviser.

Then-White House press secretary Sarah Huckabee Sanders came into Bolton’s office and described an interview that Trump had given in the Oval Office, according to Taylor’s book, “Blowback.” (It’s common for White House press aides to sit in when the president gives interviews.)

Trump had been talking to the reporters about Jamal Khashoggi, the dissident and journalist who was killed that month by Saudi assassins in Turkey.

Sanders told Bolton that the president had picked up classified documents relating to intelligence on Khashoggi’s death and displayed them, Taylor writes, but that the reporters were unlikely to have been able to read the text.

Bolton gasped at first, but “breathed a sigh of relief” when Sanders told him there had been no cameras in the room, according to the book.

Still, “We were all disturbed by the lapse in protocol and poor protection of classified information,” Taylor writes.

It looks like Rudy Giuliani will finally be disbarred in DC. CBS News: Rudy Giuliani should be disbarred for false election fraud claims, D.C. review panel says.

A Washington, D.C., Bar Association review panel is recommending former New York Mayor Rudolph Giuliani be disbarred in Washington for his handling of litigation challenging the 2020 election on behalf of then-President Trump.

Daniel Ryan

By Daniel Ryan

Giuliani “claimed massive election fraud but had no evidence,” wrote the three-lawyer panel in a report released Friday, regarding the errors and unsupported claims in a Pennsylvania lawsuit he argued seeking to overturn the Republican president’s loss to Democrat Joe Biden.

Between Election Day and the Jan. 6, 2021, riot at the U.S. Capitol, Giuliani and other Trump lawyers repeatedly pressed claims of election fraud that were almost uniformly rejected by federal and state courts. He’s the third lawyer who could lose his ability to practice law over what he did for Trump: John Eastman faces disbarment in California, and Lin Wood this week surrendered his license in Georgia.

“Mr. Giuliani’s effort to undermine the integrity of the 2020 presidential election has helped destabilize our democracy,” wrote the three lawyers on the panel, Robert C. Bernius, Carolyn Haynesworth-Murrell and Jay A. Brozost.

The panel’s report will now go to the D.C. Court of Appeals for a final decision.

How much lower can this man sink. It’s difficult to believe that he was once a DOJ official and then U.S. Attorney for the Southern District of New York, not to mention mayor of NYC.

The Zuckerberg-Musk fight over the new Threads social media app is pretty entertaining. Here’s the latest:

The Guardian: Zuckerberg’s ‘Twitter killer’ Threads hits 70m sign-ups in two days.

Mark Zuckerberg’s “Twitter-killer” Threads has reached 70m sign-ups in less than 48 hours, as it more than doubled its growth from its first day on app stores.

The new microblogging platform was launched in 100 countries this week . It immediately accumulated significant numbers of users, hitting more than 30 million within its first 24 hours, apparently making it the fastest downloaded app ever. On Friday, however, Zuckerberg announced on his Threads account that the user total had more than doubled that figure.

marc-chagall-le-poète

Marc Chagall, Le Poète

“70 million sign ups on Threads as of this morning. Way beyond our expectations,” he wrote. Threads launched around the world at 7pm EST in the US on Wednesday.

Elon Musk’s Twitter has reacted to the new rival with a formal threat to sue the “copycat” app over alleged violation of its “intellectual property rights”….

Zuckerberg, chief executive of Threads and Instagram owner Meta, has said he wants to make “kindness” a focus of the app’s appeal, in a reference to concerns that the rival platform, which has more than 250 million users, has become too hostile for some.

“The goal is to keep it friendly as it expands. I think it’s possible and will ultimately be the key to its success,” he wrote on his Threads account. “That’s one reason why Twitter never succeeded as much as I think it should have, and we want to do it differently.”

That seems unlikely, knowing human nature, but we can hope.

Mashable: Threads backtracks flagging right-wing users for spreading disinformation.

If you regularly spread “false information” online, Threads already knows. The platform apparently flagged those accounts on launch, warning users that considered following them, before backtracking.

When Threads launched on Wednesday, numerous right-wing users shared(opens in a new tab) their dissatisfaction(opens in a new tab) with Twitter’s biggest competitor — on Twitter of course — over having their accounts flagged for disinformation. 

As of Friday, however, it seems the warning label on accounts that reported the issue has since disappeared….

“This account has repeatedly posted false information that was reviewed by independent fact-checkers or went against our Community Guidelines,” read the label that would pop up when another user attempted follow these accounts.

The wording on the label is similar to a warning prompt that appears on Meta services like Facebook and Instagram. As Threads is so new and still so tightly connected to Instagram, it appears Meta used an account’s existing reputation to inform Threads users of their history.

Later on, Andy Stone of Meta, said the warning labels had been posted by mistake and they were removed from right wing accounts.

Tayor Lorenz at The Washington Post: How Twitter lost its place as the global town square.

Alex Pearlman, a stand-up comedian in Philadelphia, woke up one morning in June and turned on the local news. A portion of Interstate 95 had collapsed. Pearlman thought it was the type of thing people should know about.

Five years ago, he would have turned to Twitter to spread the news. But on that Sunday morning, he picked up his phone and made a TikTok — which quickly amassed more than 2 million views.

Michael Bridges

By Michael Bridges

A decade ago, Twitter rose to prominence by casting itself as a “global town square,” a space where anyone could reach millions of people overnight. The platform was pivotal in facilitating large social movements, such as the Arab Spring protests in the Middle East and the Black Lives Matter protests over police violence. In a recent email to staff, Twitter’s new chief executive, Linda Yaccarino, repeated this characterization, calling the site “a global town square for communication.”

But Twitter no longer serves this function. Thanks to a string of disastrous missteps over the past year by new owner Elon Musk — punctuated by the decision last week to cap the number of posts users can view — Twitter is hemorrhaging users and relevance. While Meta’s new Threads app is making an impressive debut, most social media experts say TikTok reigns as the new global town square and has held that role for quite a while.

“Twitter is definitely not anyone’s public square. Not anymore,” said Chris Messina, who on Thursday posted the hashtag #DeadTwitter on Threads. Twitter is “Elon Musk’s private playground where he’s about to charge everyone … for entry and access #DeadTwitter.”

On Musk’s failed “leadership”:

Since taking the helm last fall promising to champion “free speech,” Musk has alienated users with a relentless stream of updates that are hostile to the app’s heaviest users. He removed all legacy check marks — Twitter’s years-old way to assure users that posters are really who they say they are — sowing distrust and leading to significant financial consequences for major brands that were easily impersonated under the new system. He then sold blue check marks, which ensured amplification to anyone willing to pay $8 a month, allowing scammers and grifters to crowd out the replies to popular tweets. Interesting content has been down-ranked in favor of pay-to-play blue check mark replies, some of which push crypto scams and pornography.

Musk also flooded the “for you” timeline with his own tweets, driving away users who came to the service to follow friends and interests outside of the platform’s billionaire owner.

“Before, if I saw someone was verified, they’d have to have done something of note to get it,” said Ryan Fay, a theater director in Atlanta. “Now, I can’t trust anyone who claims to be a journalist and has a check mark because they paid for it, and I don’t know if they have any credentials or knowledge. Seeing a blue check now means this person is using Twitter to try to sell me something or some sort of scamming.”

Musk also fired Twitter’s trust and safety team, allowing harassment and abuse to explode across the platform unchecked. He’s banned prominent journalists and liberal activists. He’s railed against LGTBQ people and declared the word “cisgender” a slur. If that wasn’t enough to drive the most dedicated Twitter users to greener pastures, last week he began limiting the number of tweets users could read, blocking nonpaying users from being served more than 600 tweets per day.

There’s much more on Musk’s failures at the WaPo link. For now, it feels so satisfying to have an alternative to the mess Musk made at Twitter. We’ll have to wait and see how Zuckerberg does with Threads.

Have a great Caturday everyone!!


Finally Friday Reads: Think and Vote Local and Global

Good Day, Sky Dancer!

There’s always been a debate within the belief communities that embrace karma concerning its application to a group of people, a nation-state, or perhaps, even a global community.  I’ve always been on the side that embraces something akin to the psychological concept of gestalt.  That is the idea that “an organized whole that is perceived as more than the sum of its parts.”

Sometimes, you have to make the parts matter.

While mainstream America was complacent and asleep, a group of radical right Republicans began scheming a way to shape the courts and state government bodies into entities where they could capture American Laws. It took a manic form in the 90s.  Now, just as the states began sending lawsuits up to courts packed with their minions, it appears other states are using means to put their states back on track to normalcy and constitutional law.

You can see the struggles clearly if you watch the headlines from state to state. It’s clearest in the so-called culture war issues.  Blue state governors and citizens are finding legal ways to bypass the Supreme Court by changing their state laws or using the tools they’ve already been given.  This is driving the right-wingers crazy, so they are now looking for more Federal intervention to save their crusades.

Here are two examples where Governors from the Democratic Party are using their line-item veto creatively.  The first to do this was Governor Gretchen Whitmer of Michigan in 2019.

“The Republican budgets were a complete mess, and today I used my executive powers to clean them up to protect Michiganders,” said Governor Whitmer. “The state’s budget is a reflection of our values, and make no mistake that public health and safety, access to health care, and protecting classroom spending is more important than handouts to lobbyists and vendors.”

The governor of Wisconsin brilliantly got the Republicans in the state to go along without knowing the final intention.  This is from VOX “How Wisconsin’s governor bested the GOP and secured education funding for 400 years.”  This is reported by Li Zhou.

This week, Wisconsin’s Democratic Gov. Tony Evers made key changes to the state budget passed by the Republican-controlled legislature, slashing GOP tax cuts and guaranteeing education funding increases for the next 402 years. It was a staggering maneuver that follows years of battles between Evers and GOP lawmakers. And it’s one that highlights how a Democratic state leader can use singular executive powers to combat a legislature dominated by Republicans.

Evers pulled these changes off by leveraging a tool known as the line-item veto, a power granted to governors in 44 states, which allows them to veto parts of a budget bill instead of the entire measure. Wisconsin, in particular, gives governors “uniquely powerful” line-item veto authorities for appropriations bills that allow them to target “sentences, words or in some cases even a single character or digit,” according to WisContext’s Will Cushman.

Evers made full use of this power when changing a phrase that increased funding for the “2023–24 school year and the 2024–25 school year” to the “2023–2425” school years by vetoing parts of that sentence. On Wednesday, Evers signed the new $99 billion budget, which will span the next two years, into law.

A similar move happened in Pennslyvania. This is from Spotlight Pennslyvania. “Pa. Gov. Shapiro says he will scrap school vouchers in end-run on Senate Republicans.”  This time Democratic members of the state’s legislature tanked the deal. See what happens when we actually fight back?

Gov. Josh Shapiro says he plans to scrap his push for private school vouchers in Pennsylvania’s state budget in order to close a deal with the commonwealth’s divided legislature five days after the deadline.

The Democrat issued a statement Wednesday acknowledging that talks had deadlocked over a $100 million voucher program, which he had supported and which state Senate Republicans passed as part of their budget proposal last week. Pennsylvania House Democratic leaders oppose vouchers and had refused to act on the Senate’s bill.

Shapiro’s solution, he said, was to promise state House Democrats that if they pass the Senate’s budget, he will then line-item veto the vouchers from the $45.5 billion spending plan.

“Our Commonwealth should not be plunged into a painful, protracted budget impasse while our communities wait for the help and resources this commonsense budget will deliver,” Shapiro said in a statement.

See, elected officials from the Democratic Party can hold up a budget too.

Catch this move by Arizona’s governor Katie Hobbs.  This is from NPR via the AP. “Arizona governor approves over-the-counter contraceptive medications at pharmacies.”  Aren’t you happy that Kari Lake got “a couple of bucks and a one-way ticket to Palookaville,” i.e., Maralardo?

Adults in Arizona can now obtain contraceptive medications over the counter at a pharmacy without a doctor’s prescription under a governor’s order announced Thursday.

Gov. Katie Hobbs said the rule will go into effect immediately. It applies to self-administered birth control such as hormonal and oral contraceptives, and patients 18 or older need only complete a screening and a blood pressure test.

“We are building an Arizona for everyone, which means ensuring people across the state have what they need to live a free and healthy life,” the Democratic governor said in a statement.

Over 20 states have statutes that let pharmacists dispense FDA-approved hormonal contraceptives without a prescription, according to a statement from the Arizona Department of Health Services.

Hobbs has used her executive powers in recent weeks to promote reproductive freedom. In June she issued a sweeping executive order effectively stripping prosecutors of their ability to pursue charges against anyone involved with a legally obtained abortion.

Meanwhile, Ohio voters take matters into their own hands just like Kansas did last year.  This is from the New York Times. “Ohio Moves Closer to Ballot Issue That Would Protect Abortion Rights. Supporters of protecting abortion in the state’s Constitution submitted enough signatures to get on the November ballot. But another vote in August could make it harder to win.” This is reported by Kate Zernike.

Ohio moved one step closer to becoming the next big test case in the nation’s fight over abortion, after supporters of a measure that would ask voters to establish a right to abortion in the state’s Constitution this week said they had filed more than enough signatures to put it on the ballot in November.

Ohioans United for Reproductive Rights said on Wednesday that it had collected roughly 710,000 signatures across all of the state’s 88 counties over the last 12 weeks. Under state law, the coalition needed 413,466 to qualify for the ballot. State election officials now have until July 25 to verify the signatures.

Supporters of abortion rights are turning to ballot measures in the aftermath of the ruling last year by the United States Supreme Court overturning Roe v. Wade, which for 50 years had guaranteed a right to abortion in the federal Constitution. They are betting on polls showing that public opinion increasingly supports some right to abortion, and opposes the bans and stricter laws that conservative state legislatures have enacted since the court’s decision.

Voters in six states, including conservative ones such as Kentucky and Kansas, voted to protect or establish a right to abortion in their constitutions in last year’s elections, and abortion rights advocates in about 10 other states are considering similar plans.

Meanwhile, we have to remember that School Boards and the State Superintendent of Schools’ position is crucial.  Checking down-ballot in your state is as important as voting for President.  This is shameful. This is from Raw Story and was written by Mattew Chapman. “‘Let’s not tie it to skin color’: Oklahoma superintendent says racism not to blame for infamous Tulsa massacre.”

Far-right Oklahoma State Superintendent Ryan Walters suggested at a public hearing in Norman that lessons about the infamous racial massacre that destroyed the most prosperous Black community in Oklahoma don’t have to mention race, reported Fox 25 News.

“The Cleveland County Republican Party invited him to speak at the Norman Central Library. The room was packed with many unhappy Oklahomans, making for an hour of chaos,” reported David Chasanov.

“It doesn’t matter how much the radical left attacks me,” Walters told the crowd. ‘It doesn’t matter how much the teachers union spends against me. I will never stop speaking truth.”

However, things got tricky for Walters when someone asked him if teaching about the infamous “Black Wall Street” massacre in the city of Tulsa would be banned under his restrictions on teaching “Critical Race Theory.”

“Let’s not tie it to the skin color and say that the skin color determined that,” Walters replied.

The Tulsa massacre was an act of racial mass terrorism in 1921 that destroyed the Greenwood District of Tulsa, a nationally-renowned prosperous community nicknamed “Black Wall Street.” After a 19-year-old Black shoeshiner named Dick Rowland was arrested on trumped-up charges for allegedly assaulting a white elevator operator named Sarah Page, white residents of Tulsa rioted, looting and burning down the Greenwood District. Roughly 300 people were killed, and when the National Guard was sent in, the Black residents were arrested by the thousands.

Meanwhile, down here in Lousyana, our Democratic Governor John Bel Edwards put his personal religion above the health of women. My tax dollars will support pregnancy propaganda centers.  This is from the Louisiana Illuminator and was reported by Julie O’Donohue.  “Tax credit approved for donors to Louisiana anti-abortion centers.”  I’d like to challenge this one as going against many of our religious views.  Wonder if the ACLU is up to it?

“Gov. John Bel Edwards signed a new tax credit for donors to anti-abortion crisis pregnancy centers into law last week – about a year after Louisiana put a near-total ban on abortion in place.

Donors to the organizations, which have been renamed maternal wellness centers in the state law, will be able to benefit from $30 million worth of income tax breaks that will be issued from 2025 through 2030.

A donor will be able to claim an income tax credit equal to 50% of their contribution to a center or 50% of their total state income tax liability in the year the contribution was made, whichever is lower.

The total amount of tax credits that can be given out will be generally limited to $5 million per year, except that credits from years where the $5 million maximum is not reached can be rolled forward and made available in subsequent years.

If the $5 million is maxed out early in a given year, then donors who weren’t able to receive a credit that year are put to the front of the line for getting the tax break in the following year. No one center is allowed to benefit from more than 20% of the tax credits made available, according to the law.

Anti-abortion groups pushed for the law sponsored by Senate President Pro Tempore Beth Mizell, R-Franklinton.

“It is critical for the pro-life movement to find every avenue to support Louisiana mothers, whether that be through private or public resources,” said Ben Clapper, executive director of Louisiana Right to Life, one of the state’s large anti-abortion advocacy organizations.

“We believe this important law permitting Louisiana citizens to receive a tax credit when they donate to a maternal wellness center will strengthen resources for families,” he said.”

Mizell, in hearings during the legislative session, said she thought the centers could help improve women’s health in Louisiana.

Here’s the deception.  This will undoubtedly include child trafficking (i.e., coerced letting babies go up for adoption).

Donors to the organizations, which have been renamed maternal wellness centers in the state law, will be able to benefit from $30 million worth of income tax breaks that will be issued from 2025 through 2030

 

Everyone is waiting to see if it is possible for the AG of Colorado to take on the Supreme Court in that Fake Wedding Planner Case.   Neal Katyal suggested it was possible. Other Legal Scholars do not think it is possible. This is from Salon.  “Legal scholars: SCOTUS can’t be forced to reconsider “made-up” case — but lawyers can be punished. Professors push back on ex-solicitor general’s claim that SCOTUS can be compelled to reexamine 303 Creative cases”

 But legal scholars pushed back on Katyal’s argument.

“I think this is a nonstarter,” former U.S. Attorney Barb McQuade, a University of Michigan law professor, told Salon. “The Court glossed over standing in this case because a plaintiff is permitted to make a facial challenge to a law on the ground that yet violates the First Amendment.”

“If the allegations about fabrication are true, then the lawyers may have an ethics problem to address with their state bar, but it will not affect the outcome of the case,” McQuade added.

Leah Litman, a law professor at the University of Michigan, told Salon that parties are “free to file a motion for reconsideration or rehearing,” but ultimately, it will be up to the court to decide whether to do anything about it.

“Attorneys are subject to judicial discipline & discipline from bar organizations if they lie to the court,” Litman said.

Longtime Harvard Constitutional scholar Laurence Tribe told Salon that Katyal “certainly knows that no state attorney general has any such authority,” adding that he doesn’t take Katyal literally when he suggests that.

“But it would be a mistake to let that obscure the central fact that the entire case was based on entirely hypothetical ‘worries’ that the web designer claimed to have about how the state’s officers might come after her under the state anti-discrimination laws if a same-sex couple were to ask her to design a wedding site for them and if she were to refuse,” Tribe said. “In my view, the disgraceful fact, which in no way depends on the falsity of the allegations about the fellow who supposedly asked Lorie Smith to design a website for a same-sex wedding, is the very fact that the Supreme Court’s majority was willing to render what amounted to an advisory opinion that it would never have done but for its eagerness to denigrate same-sex marriage and LGBTQ rights generally and that, under Article III, it had no business doing.”

There are 486 days to the next President Election.  Be sure to check your state’s primaries, and carefully choose all the candidates from POTUS to your dog catcher.  It can make a difference.

What’s on your reading and blogging list today?


Thursday Reads

Good Day!!

boston-skyline-diane-bell

Boston Skyline, by Diane Bell

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

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

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

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

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

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

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

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

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

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

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

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

Read more details at the NYT link. 

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

Summer in the Park, by Susan Sternau

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

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

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

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

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

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

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

More details at the link.

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

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

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

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

Summer in the City, by Olena Maksymova

Summer in the City, by Olena Maksymova

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

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

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

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

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

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

That seems pretty incriminating.

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

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

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

Summer in the City (NY), by Julian Barrow

Summer in the City (NY), by Julian Barrow

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

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

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

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

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

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

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

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

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

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

Summer in the City, Edward Hopper

Summer in the City, Edward Hopper

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

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

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

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

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

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

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

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

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

summer-in-the-city-aniko-hencz

Summer in the City, by Aniko Hencz

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

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

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

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

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

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

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

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

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

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

Read the rest at Bloomberg.

Two more good articles on this insane decision:

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

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

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