One of the groups where he shared information had upward of 150 users, officials said, and among the members “are a number of individuals who represented that they resided in other countries” and whose accounts trace back to foreign internet addresses.
Thursday Reads
Posted: May 18, 2023 Filed under: Donald Trump, FBI | Tags: "weaponization of government" hearings, classified documents, Jack Smith, Jack Teixeira, Jim Jordan, Mark Zaid, National Archives, national security clearances, Trump stolen documents 13 CommentsGood Morning!!
I don’t want to get too excited about this and then be let down, but it seems significant. Last night on Alex Wagner’s MSNBC show, national security attorney Mark Zaid said that the latest revelations about the Trump stolen documents investigation suggest that an indictment could be coming in weeks, not months. You can watch the video at Raw Story.
The Raw Story article is based on a new report from CNN yesterday: Exclusive: New evidence in special counsel probe may undercut Trump’s claim documents he took were automatically declassified.
The National Archives has informed former President Donald Trump that it is set to hand over to special counsel Jack Smith 16 records that show Trump and his top advisers had knowledge of the correct declassification process while he was president, according to multiple sources.
In a May 16 letter obtained by CNN, acting Archivist Debra Steidel Wall writes to Trump, “The 16 records in question all reflect communications involving close presidential advisers, some of them directed to you personally, concerning whether, why, and how you should declassify certain classified records.”
The 16 presidential records, which were subpoenaed earlier this year, may provide critical evidence establishing the former president’s awareness of the declassification process, a key part of the criminal investigation into Trump’s mishandling of classified documents.
The records may also provide insight into Trump’s intent and whether he willfully disregarded what he knew to be clearly established protocols, according to a source familiar with recent testimony provided to the grand jury by former top Trump officials.
Trump and his allies have insisted that as president, Trump did not have to follow a specific process to declassify documents. At a CNN town hall last week Trump repeated the claim that simply by removing classified documents from the White House he had declassified them. “And, by the way, they become automatically declassified when I took them,” Trump said.
According to the letter, Trump tried to block the special counsel from accessing the 16 records by asserting a claim of “constitutionally based privilege.” But in her letter, Wall rejects that claim, stating that the special counsel’s office has represented that it “is prepared to demonstrate with specificity to a court, why it is likely that the 16 records contain evidence that would be important to the grand jury’s investigation.” [….]
The letter goes on to state that the records will be handed over on May 24, 2023 “unless prohibited by an intervening court order.” [….]
Trump’s team may challenge this in court, this person said, but claimed in the past the Archives has handed over documents before the Trump team has had a chance to challenge the release in court.
Read more at the CNN link. Back to the Raw Story analysis:
According to a National Archives letter to Trump on May 16, the staff intends to provide special counsel Jack Smith 16 records that would reveal the White House advisers were taught the appropriate way to declassify documents.
“The 16 records in question all reflect communications involving close presidential advisers, some of them directed to you personally, concerning whether, why, and how you should declassify certain classified records,” acting Archivist Debra Steidel Wall wrote to Trump in a letter obtained by CNN.
This isn’t the first time that Trump has failed to scapegoat others for the documents that ended up at Mar-a-Lago. Top Trump adviser Kash Patel told a far-right outlet that the General Services Administration (GSA) packed up Trump’s boxes, and they were the ones who somehow forced Trump to steal the documents. Not long after, the GSA released a letter saying that they required the staff to sign off on the contents in the boxes.
Posting the CNN report on Twitter, former Republican Ethics Czar for George W. Bush, Richard Painter, explained that it’s an example of Trump lying to the federal government, a breach of 18 U.S.C 1001. “Yet another felony,” said Painter.
National security lawyer Mark Zaid said that Trump’s “awareness” of the classification process goes to Trump’s state of mind, “which is what criminal cases are generally about.”
Mark Zaid’s remarks:
Speaking to MSNBC’s Alex Wagner, Zaid explained that the case has never been about the mishandling of national defense information or classified documents. It’s about the Espionage Act. Mishandling classified information is a fairly frequent occurrence, he said, noting that he wouldn’t be surprised if every president since Reagan (and likely before that) had done it.
….What’s at issue here is that, as you reported and CNN had reported, Trump and his inner circle were told how to properly classify and declassify information. And I will say even further, because I independently verified it, that they were instructed in the days and weeks before leaving the White House for the transition on how to pack up the documents so as not to take classified information.”
He pointed to the obstruction piece of the case as being another problem for Trump. If leaks are to be believed, Zaid said, “Trump not only mishandled the information but also sought to hide it from the U.S. government and obstruct the investigation by deliberately acting on that, as well as giving instructions to others possibly, even his lawyers, as to where to move the documents around Mar-a-Lago.”
This seems like a BFD.
There’s unsettling news about Jack Teixeira today. He’s the airman from Massachusetts who stole massive amounts classified information and leaked it online.
From the NYT article by Glenn Thrush and Robin Stein:
Air Force officials caught Airman Jack Teixeira taking notes and conducting deep-dive searches for classified material months before he was charged with leaking a vast trove of government secrets, but did not remove him from his job, according to a Justice Department filing on Wednesday.
On two occasions in September and October 2022, Airman Teixeira’s superiors in the Massachusetts Air National Guard admonished him after reports that he had taken “concerning actions” while handling classified information. Those included stuffing a note into his pocket after reviewing secret information inside his unit, according to a court filing ahead of a hearing before a federal magistrate judge in Worcester, Mass., on Friday to determine whether he should be released on bail.
Airman Teixeira — who until March shared secrets with scores of online friends from around the world on Discord, a social media platform popular with gamers — “was instructed to no longer take notes in any form on classified intelligence information,” lawyers with the department’s national security division wrote in an 11-page memo arguing for his indefinite detention.
The airman’s superiors also ordered him to “cease and desist on any deep dives into classified intelligence information,” although it is not clear how, or if, they enforced that directive.
The new information was intended to drive home the government’s argument that Airman Teixeira’s relentless quest for intelligence to share with online friends — which he acknowledged to be improper — makes his release a danger to national security. But it also raised troubling new questions about whether the military missed opportunities to stop or limit one of the most damaging intelligence leaks in recent history.
The signs that something was amiss seem unmistakable in retrospect. In late January, a master sergeant who was working at the Air Force base on Cape Cod in Massachusetts observed Airman Teixeira inappropriately accessing reports on the Joint Worldwide Intelligence Communication System, the Pentagon’s secure intranet system, the memo said.
“Teixeira had been previously been notified to focus on his own career duties and not to seek out intelligence products,” one of his superiors wrote in a memo on Feb. 4 that prosecutors included in their filing.
Not only was Airman Teixeira allowed to remain in his job — he seems to have retained his top-secret security clearance — but he was subsequently given the second of two certificates after completing training intended to prevent the “unauthorized disclosure” of classified information.
Two of Teixeira’s bosses have been suspended and have lost their security clearances.
More from Devlin Barrett at The Washington Post. Again, the purpose of the filing is the argument from federal prosecutors that Teixeira should not be released on bond.
The Air National Guard member accused in a high-profile classified leaks case appears to have shared sensitive secrets with foreign nationals and had raised concernamong his co-workers in the months before he was charged with mishandling and disseminating national security information, prosecutors said in a court filing Wednesday….
Teixeira’s “willful transmission of classified information over an extended period to more than 150 users worldwide” undermines his lawyer’s claims that he never meant for the information to be shared widely, prosecutors wrote….
The new filing also recounts online chats in which Teixeira appears to both brag about how much classified information he knows and has shared, and understand the potential legal consequences of such actions.
“Knowing what happens more than pretty much anyone is cool,” the airman allegedly wrote in a chat dated mid-November. When another user suggested he write a blog about the information, Teixeira replied, “making a blog would be the equivalent of what chelsea manning did,” referring to a major classified leak case in 2010.
The filing also shows that Teixeira was written up by colleagues for apparently not following rules for the use of classified systems. A Sept. 15 Air Force memorandum included in the newly released court materialsnotes that Teixiera “had been observed taking notes on classified intelligence information” inside a room specifically designed to handle sensitive classified material.
That is covered in the NYT article.
This morning, Jim Jordan is holding another one of his ridiculous “weaponization of government” hearings. He has finally revealed the identity of some of his secret “whistleblowers.” The New York Times published information on today’s expected witnesses. The gist: these whistleblowers either participated in or supported Trump’s January 6, 2021 coup attempt.
From the NYT story by Alan Feuer: F.B.I. Revokes Security Clearances of 3 Agents Over Jan. 6 Issues.
The Federal Bureau of Investigation has revoked the security clearances of three agents who either took part in the riot at the Capitol on Jan. 6, 2021, or later expressed views about it that placed into question their “allegiance to the United States,” the bureau said on Wednesday in a letter to congressional investigators.
The letter, written by a top official at the F.B.I., came one day before at least two of the agents — Marcus Allen and Stephen Friend — were set to testify in front of a House Judiciary subcommittee investigating what Republicans contend is the “weaponization” of the federal government against conservatives.
For several months, Republican lawmakers have been courting F.B.I. agents who they believe support their contentions that the bureau and other federal agencies have been turned against former President Donald J. Trump and his supporters both before and after the Capitol attack.
Some of the agents have come forward as self-described whistle-blowers and taken steps like writing a letter to the leaders of the F.B.I. complaining about ways in which the bureau has discriminated against conservatives.
The agents who had their security clearances revoked — Mr. Allen, Mr. Friend and a third man, Brett Gloss — have all been suspended by the F.B.I. as the bureau reviews their cases, according to congressional investigators.
Why were these agents suspended?
Mr. Gloss’s top-secret clearance was revoked two weeks ago after bureau investigators determined that while moving with the pro-Trump mob on Jan. 6, he entered a restricted area of the Capitol grounds — a violation of federal law….
Mr. Allen’s top-secret security clearance was revoked after the bureau found that he had “expressed sympathy for persons or organizations that advocate, threaten or use force or violence,” the letter said. F.B.I. investigators determined that Mr. Allen had sent an email from his bureau account to several colleagues months after the Capitol attack, urging them to “exercise extreme caution and discretion in pursuit of any investigative inquiries or leads pertaining to the events of” Jan. 6, the letter said….
Mr. Friend, whose security clearance was revoked on Tuesday, had refused last summer to take part in a SWAT arrest of a Jan. 6 suspect who was facing misdemeanor charges. Mr. Friend had taken the position that the raid represented an excessive use of force.
“I have an oath to uphold the Constitution,” Mr. Friend, a 12-year veteran of the bureau, told his supervisors when he declined to join the operation on Aug. 24 in Jacksonville, Fla. “I have a moral objection and want to be considered a conscientious objector.”
More interesting stories to check out:
NBC News: New House bill would block pay for members of Congress if the U.S. defaults.
The Washington Post: School librarians face a new penalty in the banned-book wars: Prison.
The Daily Beast: PEN America And Penguin Sue Over Florida’s Book Bans.
AP News: Trust in Supreme Court fell to lowest point in 50 years after abortion decision, poll shows.
Guest essay by Randal D. Eliason at The New York Times: Why the Supreme Court Is Blind to Its Own Corruption.
The Daily Beast: GOP Congressman [Clay Higgins] Manhandles Protester During Boebert Event.
Politico: Trump 2020 lawyer indicated he may be target of Fulton County probe, court docs say.
That’s it for me. What stories have captured your interest today.
Tuesday Reads
Posted: May 16, 2023 Filed under: Crime, Domestic terrorism, Economy, Global Financial Crisis | Tags: debt limit, GOP extortion, guns, mass shooting, mental illness, violence 12 Comments
HENRI MATISSE -Les Pensées de Pascal,1924
Good Morning!!
I’m still trying to recover from Dakinikat’s post yesterday. She seems convinced that the Supreme Court will agree with the 5th Circuit that the way the Consumer Finance Protection bureau is financed is unconstitutional and their decision will lead to the downfall of the Federal Reserve, Social Security, Medicare, and other off-the-books programs. I’m not convinced it will happen, but I’m still extremely depressed by Dakinikat’s arguments.
But for today, I’m trying to set all that aside and just worry about what’s happening (or not happening) with the debt ceiling. Here’s the latest on that emergency.
This is an opinion piece by The Washington Post’s Katherine Rampell, who is very knowledgeable about economic issues: After breaking itself, Congress tries to break the rest of government, too.
The GOP House’s debt-limit-and-spending-cuts bill does a lot of things to sabotage the basic functions of government. It decimates spending on safety-net programs. It creates more red tape to block Americans from accessing services they’re legally eligible for. And it makes it harder for government to fund itself in the first place.
But perhaps the most destructive, least noticed part of the bill is a provision that would force virtually all federal regulatory machinery to grind to a halt.
Tucked into Republicans’ debt-limit-ransom bill is some legislative language that has been kicking around Capitol Hill for a while, known as the Reins Act. If enacted, the law would prevent “major” agency regulations — somewhere around 80 to 100 per year — from going into effect unless Congress first approves each and every one.
To be clear, under current law, Congress already has the ability to rescind regulations it dislikes. This new bill would essentially change the default, so that no major regulation could take effect before Congress gives its blessing.
This change might sound reasonable. After all, tons of American problems have been dumped at the feet of executive-branch agencies (guns, immigration, health costs, etc.). It would be great if federal lawmakers got more involved in trying to solve literally any of them.
But if you think about how Congress actually functions (or rather, doesn’t), you’ll realize this is not an earnest attempt to get lawmakers to roll up their sleeves and conquer the Big Issues. It’s about throwing sand in the gears of the executive branch, so that no one can solve any issue. Ever.
By Ernest Ange Duez
Rampell explains why the system is set up the way it is.
There are two main reasons Congress currently delegates certain regulatory issues to executive-branch agencies such as the Food and Drug Administration or the Securities and Exchange Commission.
First, some policy questions aretechnically challenging. What amount of arsenic in the air is “safe”? What should bethe technical standards for mammography equipment? How should the Volcker Rule be implemented in practice? As talented and hard-working as congressional staff are, they might not have the time or expertise to make informed decisions about such minutiae. Agency scientists or other subject-matter experts are tapped to weigh evidence, solicit input from the public, hold hearings, etc., to execute the objectives Congress has enacted.
The second reason is political.
There are plenty of policy questions that Congress has technical capacity to resolve but might prefer not to. Maybe lawmakers can’t come to an agreement within their caucus. Maybe they know that whatever they choose to do will be unpopular.
So: They punt, and make it some other government functionary’s problem.
For example, Congress has been unable to pass significant immigration reform in more than three decades, leaving the executive branch to address migration-related problems in sometimes legally tenuous ways (see: the legal limbo ofso-called dreamers, or former president Donald Trump’s unfunded border wall). Congress has all but abdicated many of its basic responsibilities to other branches of government, such as passing a budget, setting tariffs or deciding on abortion rights.
Or, you know, making sure the federal government doesn’t default on its debt. Apparently even some Republicans are now rooting for President Biden to direct Treasury to mint a new $1 trillion platinum coin to pay off government expenses or adopt some other deus-ex-machination.
Read more at the WaPo.
Biden and McCarthy are meeting again today. From The New York Times: Biden and McCarthy Set for More Talks as Debt Limit Deadline Nears.
The 3 p.m. meeting comes a day after Treasury Secretary Janet L. Yellen reiterated that the United States could run out of money to pay its bills by June 1 if Congress does not raise or suspend the debt limit.
Jean Metzinger (French, 1883–1956), Tea Time, woman with a spoon
Republicans have said they want to slash federal spending before lifting the debt ceiling. The president has maintained that raising the limit is a responsibility of Congress and should be done without conditions to avoid an economic disaster, even as he has said he is open to separate negotiations over spending.
Over the weekend, the White House projected cautious optimism regarding a potential agreement, but on Monday, Speaker Kevin McCarthy expressed doubts.
“I don’t think we’re in a good place,” Mr. McCarthy said. “I know we’re not.”
Some potential areas of compromise have emerged in recent days, however. Mr. McCarthy said on Monday that he wanted to negotiate some of the key provisions of the bill to raise the debt limit that House Republicans passed last month. Those include spending caps, permitting changes for domestic energy projects, work requirements for safety net programs like food stamps and clawing back unspent money allocated for pandemic relief programs. “All of that I felt would be very positive,” he said.
Most of the people on food stamps are children, so this would go along with the new Republican push to get rid of child labor laws.
In addition to Mr. McCarthy, Senator Mitch McConnell, Republican of Kentucky and the minority leader; Senator Chuck Schumer, Democrat of New York and the majority leader; and Representative Hakeem Jeffries of New York, the Democratic leader, will join Mr. Biden at the White House.
The government hit the $31.4 trillion debt limit on Jan. 19, and the Treasury Department has been using accounting maneuvers to keep paying its bills. Mr. Biden is also scheduled to leave for Japan on Wednesday to attend the Group of 7 meeting, heightening the sense of urgency to make progress on the debt limit….
“We welcome a bipartisan debate about our nation’s fiscal future,” Mr. Schumer said on Monday. “But we’ve made it plain to our Republican colleagues that default is not an option. Its consequences are too damaging, too severe. It must be taken off the table.”
Ms. Yellen will warn on Tuesday that the standoff over the debt limit is already having an impact on financial markets and is increasing the burden of debt on American taxpayers. Investors, she will note, have become wary of holding onto government debt that matures in early June — when the government could start running out of cash.
“We are already seeing the impacts of brinkmanship,” Ms. Yellen will say at the Independent Community Bankers of America summit, according to excerpts from her prepared remarks.
The Washington Post: Liberals grow fearful Biden may reward GOP for weaponizing debt ceiling.
The White House’s liberal allies are increasingly worried that negotiations with House Republicans over the budget risk rewarding the GOP for threatening the U.S. economy with default, even as Biden administration aides insist the talks have nothing to do with the looming debt ceiling deadline.
Tea Time, by Jacques Jourdan
Since last week, Biden aides have been in talks with staffers representing leaders in Congress about a deal to fund the federal government next year that would also raise the nation’s debt ceiling, which must be lifted by as soon as June 1 to avoid potential economic catastrophe. President Biden will host House Speaker Kevin McCarthy (R-Calif.) and other top congressional leaders again on Tuesday for more discussions.
The fresh talks follow months in which Biden and his top aides insisted that the White House would not entertain making any trade-offs to raise the debt limit, saying that would set a dangerous precedent that encourages GOP brinkmanship. And yet, to some critics, the administration appears to be doing exactly that — following unrelenting pressure from the business community and even some moderate Democratic voices to enter bipartisan talks after the House passed a spending and debt limit bill last month.
Publicly, Biden administration officials are adamant that they are working with House Republicans on a deal to fund the federal government in the next fiscal year — not to raise the debt ceiling. Privately, however, even some Biden aides recognize that the negotiations appear to be in part about the debt limit. Behind the scenes, negotiators are clear that any deal on the budget must resolve the debt ceiling deadline, as well. Democratic negotiators also acknowledge that they will have to agree to more spending cuts if they want to secure a longer extension of the debt ceiling — an implicit recognition that lawmakers are bartering over the full faith and credit of the U.S. government, an approach Biden has repeatedly disavowed.
“The issue here is principle: If you accept the idea that you can, in essence, be held to blackmail with the debt ceiling, it will be done again and again. Not to be crass, but it’s essentially negotiating with terrorists who have taken hostages,” said Dean Baker, a liberal economist at the Center for Economic Policy and Research, a left-leaning think tank. “More and more people in progressive circles are becoming concerned with it.”
Of course most of the mainstream media is reporting on all this as if it’s a typical negotiation over a political dispute, and failing to point out that Congressed raised the debt limit with no fuss when Trump was in the White House.
Jonathan Chait at New York Magazine: The Media Is Normalizing Debt-Ceiling Extortion. No, this isn’t how Congress always does it. It’s different and dangerous.
Ten years ago, when Barack Obama faced down an attempt by House Republicans to extract concessions in return for lifting the debt ceiling, he explained that he saw this tactic as inimical to functioning self-government. “If we continue to set a precedent in which a president … is in a situation in which each time the United States is called upon to pay its bills, the other party can simply sit there and say, ‘Well, we’re not going to … pay the bills unless you give us … what we want,’ that changes the constitutional structure of this government entirely,” he explained….
But as the new Republican-led House seeks to renew the effort to use the debt ceiling as a hostage, a revisionist interpretation has taken hold: This isn’t a new or dangerous tactic, it’s just how Congress operates.
At the Tea Table” (Konstantin Korovin, 1888)
“The House Republicans’ insistence on negotiations and compromise is not hostage taking. It is the ordinary stuff of politics,” claims law professor Michael McConnell. “A standalone clean debt ceiling is dead on arrival … In modern times, the debt ceiling is raised with negotiations,” asserts Punchbowl’s Jake Sherman.
Read the rest at the NY Magazine link.
In other news, yesterday the Virginia office of Democratic Congressman Gerry Connolly was attacked by a man armed with a baseball bat.
The New York Times: Staff Members Attacked With Bat at Congressman’s Virginia Office.
A man armed with a baseball bat and demanding to see Representative Gerald E. Connolly, Democrat of Virginia, attacked and injured two staff aides in a rampage inside the congressman’s Fairfax, Va., office, the latest episode in a surge of political violence across the country.
Xuan Kha Tran Pham, 49, of Fairfax, was facing charges for one count of felony aggravated malicious wounding and one count of malicious wounding, according to the Fairfax City Police Department. He was being held without bond.
Police said they had not yet identified a motive, and Capitol Police said in a statement that the suspect was not known to them.
Sgt. Lisa Gardner, a spokeswoman for the Fairfax City Police, said at a news conference on Monday afternoon that the assailant walked into Mr. Connolly’s office after 10:30 a.m. with what appeared to be a metal baseball bat and struck two staff members in the upper body.
Both staff members were conscious when the police arrived about five minutes after a 911 call, she said. They were taken to and then released from the hospital, Mr. Connolly said.
“You could absolutely tell that the people inside were scared; they were hiding,” Sergeant Gardner said.
“It’s quite frankly scary that someone can walk up to an office with a baseball bat and just start swinging at innocent victims,” she added.
Tea in the Garden” (Ernest-Joseph Laurent, 1859-1929)
Here’s some information on Xuan Kha Tran Pham from the AP, via News10: Mentally ill man who attacked congressional staffers has violent history, police say.
A mentally ill man chased and threatened a woman with a metal baseball bat in a northern Virginia neighborhood before attacking U.S. Rep. Gerry Connolly’s office, shattering windows and striking two women, including an intern on her first day on the job, authorities said.
Staffers then managed to shelter in an inner office until officers arrived, within five minutes. Connolly said they used a stun gun to subdue the man, identified as Xuan-Kha Tran Pham, 49, of Fairfax. He was held without bond at the Fairfax County Adult Detention Center on charges of malicious wounding and aggravated malicious wounding. It was not immediately clear if he had an attorney pending his first appearance Tuesday.
Pham, 49, has been violent before, attacking police officers last year. His father, Hy Pham, told The Washington Post his son is schizophrenic and had dealt with mental illness since his late teens. He said he had been trying, without success, to arrange mental health care for his son. The father could not immediately be reached by The Associated Press….
“At this time, it is not clear what the suspect’s motivation may have been,” Capitol Police said in a statement announcing a joint investigation with Fairfax City Police.
Police said the man is suspected in a separate attack a short time earlier Monday.
Fairfax County Police said a man later identified as Pham approached a woman parked in her car about five miles (eight kilometers) away from Connolly’s office at 10:37 a.m. The man asked the woman if she was white, then hit her windshield with a bat and ran away, according to police.
A video recorded on a neighbor’s home camera system at the same site shows a man with a bat chasing a woman who can be heard screaming. Dan Ashley, the homeowner, said it was “troubling to see this sort of thing happening in the neighborhood.”
The video is on Twitter if you want to watch it. Just search for Xuan-Kha Tran Pham.
There was gun violence yesterday too–what else is new?
The New York Times: 3 People Killed and 6 Injured in New Mexico Shooting.
An 18-year-old gunman fired indiscriminately while roaming a residential street in Farmington, N.M., on Monday morning, killing three people before the police arrived and killed the suspect, the authorities said. Six other people, including two officers, were injured.
The authorities received several reports of shots fired near Dustin Avenue and Ute Street just before 11 a.m., Chief Steve Hebbe of the Farmington Police Department said in a video statement released on Monday night, adding that the rampage appeared to be “purely random.”
“Old Woman Pouring Tea” (Unknown artist, 19th century)
Chief Hebbe said that the gunman, whom he did not name, had used at least three different weapons, including an “AR-style rifle,” a gun commonly used in mass shootings, as he roamed through the neighborhood, randomly firing “at whatever entered his head to shoot at” including at least six houses and three cars.
Officers located the shooter in the 700 block of North Dustin Avenue, Chief Hebbe said, where they shot and killed him.
The two injured police officers — one from the Farmington Police Department, and a state police officer — were treated at the San Juan Regional Medical Center in Farmington, the authorities said. The state police officer had been released by Monday night and the other officer was “doing well,” according to Chief Hebbe….
The conditions of the others who were injured were not immediately known, and the authorities did not release the names of any victims or the suspect.
The motive for the shooting remained unclear. In an earlier news conference, Deputy Chief Baric Crum said it was not immediately known whether the suspect had any criminal history or why he was in the neighborhood.
I guess we’ll learn more today.
One more from 5NBC Dallas-Ft. Worth: 12-Year-Old Charged With Murder, Accused of Killing Sonic Employee.
A 12-year-old and a 20-year-old are both facing a murder charge after a restaurant employee was gunned down during an altercation with a customer Saturday night in Keene.
Flowers and a cross now stand outside the Sonic Drive-In on Old Betsy Road in Keene. It’s a growing memorial to Matthew Davis, a 32-year-old employee and father who was shot and killed while on the job Saturday night.
According to a statement from Keene Police, the shooting happened at about 9:40 p.m. Angel Gomez, 20, went to the Sonic with several passengers and was acting “disorderly” in the parking lot when Davis confronted him for urinating in the parking lot, Keene Police Chief James Kidd said.
The confrontation turned physical and a 12-year-old who was in Gomez’s car pulled out an assault rifle and fired six rounds at Davis, Kidd said.
Davis was struck multiple times and was taken by an air ambulance to a nearby hospital, but he did not survive.
Gomez and the 12-year-old fled the area, but Gomez eventually returned to the scene and was taken into custody. Police tracked the 12-year-old to Rio Vista where he was arrested.
Unbelievable.
I think that’s about enough bad news for today. I’m sorry to be the bearer of so much horror. Please take care of yourselves today and if you find any good news, I hope you post it in the comment thread.
Mostly Monday Reads: The Case of Consumer Protection, Fiat money, and Other off-budget Agencies.
Posted: May 15, 2023 Filed under: Afternoon Reads, American Fascists, Right Wing Angst | Tags: Consumer Financial Protection Agency, debt ceiling crisis, Debt ceiling negotiations, Elon Musk, Fifth Circuit, Recep Tayyip Erdogan 9 Comments
Good Day, Sky Dancers!
Yes, it’s another rabbit hole. Yes, it’s rather scholarly and lawyerly. Yes, we all didn’t catch this back in February when the 5th Circuit made a decision that may impact more than just the Consumer Financial Protection Bureau. The Bureau has been on every outrage list of right-wingers and the financial industry due to its oversight of how it snags borrowers and then proceeds to drain every last drop of money it can. You may remember this being set up by the Obama Administration under the leadership of Elizabeth Warren before her Senate run.
The most revealing thing about the scope of the case that SCOTUS agreed to review is the weird logic of the 5th Circuit and the actual grounds of the case. This is from Scotus Blog on February 27. It’s written by Amy Howe. “Court will review constitutionality of consumer-watchdog agency’s funding.”
The Supreme Court on Monday agreed to take up a major case involving funding for the Consumer Financial Protection Bureau, which was formed in response to the 2008 financial crisis. A federal appeals court ruled in October that the funding mechanism for the CFPB violates the Constitution, but the Biden administration, which had asked the justices to weigh in, says that allowing the lower court’s decision to stand could raise “grave concerns” for “the entire financial industry.”
The announcement came as part of a list of orders from the justices’ private conference last week.
The case involving the CFPB began as a challenge by the payday-lending industry to a 2017 rule that (as relevant here) barred lenders from making additional efforts to withdraw payments from borrowers’ bank accounts after two consecutive failed attempts due to a lack of funds.
A three-judge panel of the U.S. Court of Appeals for the 5th Circuit rejected most of the groups’ challenges to the rule, but it ultimately struck down the rule based on the CFPB’s unique funding scheme, which operates outside the normal congressional appropriations process. Instead of receiving money allocated to it each year by Congress, the CFPB receives funding directly from the Federal Reserve, which collects fees from member banks. And that scheme, the court of appeals concluded, violates the Constitution’s appropriations clause, which directs that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” The appropriations clause, the court of appeals explained, “ensures Congress’s exclusive power over the federal purse,” which is in turn essential to ensure that other branches of government don’t overstep their authority. The court of appeals vacated the 2017 rule on the ground that the CFPB was receiving funding through that unconstitutional funding mechanism when it adopted the rule.
The CFPB came to the Supreme Court in November, asking the justices to take up the case and overrule what it characterized as the lower court’s “unprecedented and erroneous understanding of the Appropriations Clause.” The appropriations clause, the CFPB argued, means “simply that no money can be paid out of the Treasury unless it has been appropriated by an Act of Congress.” In the case of the CFPB, the government contends, “Congress enacted a statute explicitly authorizing the CFPB to use a specified amount of funds from a specified source for specified purposes. The Appropriations Clause requires nothing more.”
Let me explain why the court’s logic and the current makeup of SCOTUS worry me. Many quasi-agencies are funded the same way the CFPB is funded. If they let the logic of the 5th circuit stand, you would be surprised at what would likely be eliminated next. This is from Nina Totenburg’s All Things Considered on February 27.
The Supreme Court agreed on Monday to take up a case that could threaten the existence of the Consumer Financial Protection Bureau and potentially the status of numerous other federal agencies, including the Federal Reserve.
A panel of three Trump appointees on the Fifth Circuit Court of Appeals ruled last fall that the agency’s funding is unconstitutional because the CFPB gets its money from the Federal Reserve, which in turn is funded by bank fees.
Although the agency reports regularly to Congress and is routinely audited, the Fifth Circuit ruled that is not enough. The CFPB’s money has to be appropriated annually by Congress or the agency, or else everything it does is unconstitutional, the lower courts said.
The CFPB is not the only agency funded this way. The Federal Reserve itself is funded not by Congress but by banking fees. The U.S. Postal Service, the U.S. Mint, and the Federal Deposit Insurance Corp., which protects bank depositors, and more, are also not funded by annual congressional appropriations.
In its brief to the Supreme Court, the Biden administration noted that even programs like Social Security and Medicare are paid for by mandatory spending, not annual appropriations.
“This marks the first time in our nation’s history that any court has held that Congress violated the Appropriations Clause by enacting a law authorizing spending,” wrote the Biden administration’s Solicitor General Elizabeth Prelogar.
Lydon Larouche, The John Birch Society, and now cryptocurrency maniacs, including Elon Musk, have been after all of these agencies for decades. Have they found the court and the basis that could do that? Tottenberg also notes this.
A conservative bête noire
Conservatives who have long opposed the modern administrative state have previously challenged laws that declared heads of agencies can only be fired for cause. In recent years, the Supreme Court has agreed and struck down many of those provisions. The court has held that administrative agencies are essentially creatures of the Executive Branch, so the president has to be able to fire at-will and not just for cause.
This is from the Consumer Finance Monitor. “SCOTUS agrees to decide whether CFPB’s funding is unconstitutional but will not hear case until next Term.” We’re going to have to watch this one.
The sole question presented by the CFPB’s petition is:
Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau (CFPB), 12 U.S.C. 5497, violates the Appropriations Clause, U.S. Const. Art. I, § 9, Cl. 7, and in vacating a regulation promulgated at a time when the CFPB was receiving such funding.
Thus, by denying CFSA’s cross-petition and also rejecting CFSA’s request to consider the alternative grounds as antecedent questions to the CFPB’s petition, the Supreme Court is poised to decide the Appropriations Clause issue.
While the Court’s decision not to hear the case this Term means the Fifth Circuit decision will continue to be a cloud over all CFPB actions and could slow the pace of enforcement activity (particularly in pending cases where defendants can be expected to assert the Appropriations Clause issue as a defense), we do not expect it to impact the CFPB’s ongoing supervisory activity in any material way or deter Director Chopra from continuing to pursue his aggressive regulatory agenda.
Here’s an exciting read by Dave Troy, writing for The Washington Spectator, if you’d like to visit the crockpot of crazy folks wanting to tank our economy through debt default or any other possible way. “The Wide Angle: Crash the Global Economy? It’s Harder than It Sounds.”
Just yesterday, I visited the “Rage Against the War Machine” rally at the Lincoln Memorial. Organized by the Libertarian Party, the People’s Party, and the Schiller Institute (run by LaRouche’s widow, Helga Zepp), it was thick with leafleteers pushing LaRouche messaging and featured speeches by two dozen or so Putin-friendly speakers, including presidential candidates Jill Stein, Dennis Kucinich, Tulsi Gabbard, and Ron Paul.
One speaker led the crowd in a chant, “all wars are bankers’ wars,” bringing things full circle: the assertion being that it is only because we have departed from pure, good, and undefiled Austrian economics and the gold standard can (usually Jewish) bankers print the money required to fuel endless war. It seems no one at this anti-war rally had arrived at the most obvious solution: tell Vladimir Putin to withdraw his troops and go home.
Paul, the final live speaker of the day, predictably took the podium to chants of “End the Fed” with a phalanx of Russian flags behind him in the afternoon light. (Ironically, the Eccles Federal Reserve building, barely a block away, is undergoing renovations.)
The North-Paul strategy seems to be alive and well. The most obvious strategy to achieve it would be to crash the global economy by failing to raise the debt ceiling. Kevin McCarthy has repeatedly and explicitly stated his intent to pursue this, and the Washington Post recently reported that the strategy has been developed by former Trump budget director Russell Vought. But two things stand in his way.
The Debt Ceiling Crisis looms eminently. This is from Sahil Kapur and NBC News. “The big problem with trying to cut spending in a debt ceiling bill. President Biden and congressional leaders have a major hurdle to overcome as negotiators meet privately to consider a way forward and prevent a self-inflicted economic calamity.”
Heading into an expected meeting between President Joe Biden and congressional leaders this week, Republican lawmakers say an agreement on “spending caps” is important in securing their support to avert a dangerous debt default.
The House-passed debt ceiling bill would slash federal spending to fiscal year 2022 levels, requiring appropriators charged with allocating government funding to cut $131 billion compared with what Congress is currently spending.
Meeting that target without cutting defense funding would require a steep 17% cut to nondefense discretionary spending.
“Democrats will not let nondefense take a disproportionate share of deep cuts. So Republicans will have to moderate their cut demands if they want to spare defense,” said Brian Riedl, a former Senate Republican policy aide who now works at the Manhattan Institute, a conservative public policy think tank.
Riedl said they may be able to avoid the dispute by freezing spending rather than making cuts, suggesting “a two-year freeze” on federal spending as one possible endgame.
The trick is that Republicans do not want to touch Defense Spending. We’re not at war anywhere anymore so that should be the item to look for any cuts. Spending on the Military generally is just about half of discretionary spending. No country spends the kinds of money we spend on its military budget.
We’re watching Turkey’s election go to run-offs while it appears Elon Musk is using Twitter in the interests of Erdogan and his business interests there.
Erdogan is currently trending on Twitter, along with a lot of information on how Twitter has successfully fought off Erdogan’s attempt to censor its content.
All of this should make for an interesting few weeks.
What’s on your reading and blogging list today?
Lazy Caturday Reads: A Mixed Bag of Stories
Posted: May 13, 2023 Filed under: abortion rights, Donald Trump, Twitter | Tags: abortion in Texas, animal cruelty, Chris Licht, CNN, CNN Trump town hall, Diane Feinstein, Elon Musk, Linda Yaccarino, Racism, Tommy Tuberville, violence against women, white supremacistis 11 Comments
August Macke, Still Life with a Cat.
Happy Caturday!!
It has been another exhausting week, and I’m tired of dealing with Trump’s poisonous effect on our country. Unfortunately his evil influence is still affecting a large portion of the GOP electorate. If only he would just disappear. But that’s not going to happen. We are stuck with him for the time being, and we have to face that reality. So I’ll include a few Trump stories in a mixed bag of other topics.
I really hate to post this story, but I’m going to so you know to watch out for this. I just discovered that Elon Musk has enabled animal cruelty tweets and videos on Twitter.
This is from Ben Collins, the disinformation and extremism reporter at NBC News: Cat and dog torture videos litter Twitter, adding to concerns about moderation.
Graphic videos of animal abuse have circulated widely on Twitter in recent weeks, generating outrage and renewed concern over the platform’s moderation practices.
One such video, in which a kitten appears to be placed inside a blender and then killed, has become so notorious that reactions to it have become their own genre of internet content.
Laura Clemens, 46, said her 11-year-old son came home from his school in London two weeks ago and asked if she had seen the video.
“There’s something about a cat in a blender,” Clemens remembered her son saying.
Clemens said she went on Twitter and searched for “cat,” and the search box suggested searching for “cat in a blender.”
Clemens said that she clicked on the suggested search term and a gruesome video of what appeared to be a kitten being killed inside of a blender appeared instantly. For users who have not manually turned off autoplay, the video will begin rolling instantly. NBC News was able to replicate the same process to surface the video on Wednesday.
Clemens said she is grateful her child asked her about the video instead of simply going on Twitter and typing in the word “cat” by himself.
Cats, by Franz Marc
So the autofill function on Twitter was guiding people to these horrific tweets.
The spread of the video as well as its presence in Twitter’s suggested searches is part of a worrying trend of animal cruelty videos that have littered the social media platform following Elon Musk’s takeover, which included mass layoffs and deep cuts to the company’s content moderation and safety teams.
Last weekend, gory videos from two violent events in Texas spread on Twitter, with some users saying that the images had been pushed into the platform’s algorithmic “For You” feed.
The animal abuse videos appear to predate those videos. Various users have tweeted that they have seen the cat video, with some trying to get Musk’s attention on the issue — some dating back to early May. Clemens said she flagged the video on May 3 to Twitter’s support account and Ella Irwin, the vice president of trust and safety at Twitter and one of Musk’s closest advisers….
Yoel Roth, Twitter’s former head of trust and safety, told NBC News that he believes the company likely dismantled a series of safeguards meant to stop these kinds of autocomplete problems.
Of course Musk has fired all the people who used deal with issues like this. NBC reached out to Twitter about this problem and received no response, but apparently by Friday Twitter had completely turned off all search bar autofill suggestions.
Now a little comic relief. Here’s a suggestion for Dakinikat in her ongoing struggle to get her cat Keely to swallow her meds.
Dave Paresh at Wired has a story about Twitter’s incoming CEO: Twitter’s New CEO, Linda Yaccarino, Has a Fearsome To-Do List.
LINDA YACCARINO IS going to have to change her tune. As a long-time executive overseeing ad sales at global television giant NBCUniversal, she spent years fighting social media companies for the billions of dollars that advertisers divide up every year between old and new media….
At Twitter, Yaccarino will have to spin her knowledge of social media’s weaknesses into an asset and start competing with the traditional media industry that she has championed since long before online social networks were even a thing. Elon Musk announced on Friday that Yaccarino will oversee business operations while he focuses on Twitter’s technology and design as executive chair and CTO.
Together, Yaccarino and Musk will try to stop the drain of users and advertisers of the past several months and start to formulate his vision of turning Twitter into an “everything app,” with digital payments tools and other features Musk has yet to clearly articulate. All that will make Yaccarino’s to-do list more wide-ranging than she ever had in TV, and she must do it at a company still reeling from Musk’s sometimes chaotic revamp and his laying off of most of its employees. Here are five tasks awaiting her….
Yaccarino’s deftness at getting advertisers to open up their checkbooks earned her a huge role at NBC. She persuaded them to keep spending on TV spots even as consumers devoted more time to online services, and to try out new streaming options, such as NBC’s Peacock.
The challenge at Twitter is different. Most advertisers want to avoid association with questionable content, but Musk has embraced controversy, chopping down teams that moderate content and monitore potential racial and political bias in Twitter’s recommendation systems. He also relaxed rules for combating hate speech against transgender users, censored journalists and critics, and welcomed back users his predecessors had banned for breaking Twitter’s content rules, including former US president Donald Trump.
Good luck to Yaccarino. That sounds like the hopeful descriptions of Trump staffers who try to control him or at least minimize the damage he causes. Musk is just as much of a narcissistic psychopath as Trump, if not worse. Read more at Wired if you’re interested.
Breakfast with the cat, Rutholph Epp, German
People are still talking about Trump’s disastrous “town hall” on CNN.
Charlie Nash at Mediaite: Republican at Trump Town Hall Says Many in Audience Were ‘Disgusted’ or ‘Bewildered’ By Ex-President.
Many audience members at CNN’s town hall with former President Donald Trump on Wednesday were “disgusted” and “bewildered” by the spectacle, but were told to be respectful and not to boo, according to a report.
“The floor manager came out ahead of time and said, Please do not boo, please be respectful. You were allowed to applaud,” claimed Republican political consultant Matthew Bartlett in an interview with Puck News senior political correspondent Tara Palmeri on Thursday.
“And I think that set the tone where people were going to try their best to keep this between the navigational beacons, and that if they felt compelled to applaud, they would, but they weren’t going to have an outburst or they weren’t going to boo an answer,” he said.
Bartlett claimed that, while many in the audience applauded and cheered the former president, “there were also people that sat there quietly disgusted or bewildered.” He estimated that while around half of the audience expressed vocal support for Trump, the other half sat in silence. Bartlett also alleged that Trump repeatedly “lost the audience” when he spoke about topics like January 6 or the results of the 2020 election, despite the appearance on CNN that the audience was consistently on his side.
“In a TV setting, you hear the applause, but you don’t see the disgust,” Bartlett told Palmeri. “So Trump did not have the entire room on his side, make no mistake, even if it certainly came across that way on TV.”
Well, isn’t that special? CNN’s Christ Licht has a lot of answer for. But he still thinks the “town hall” was a success. He didn’t take it well when staffers criticized his decision to hold what amounted to a Trump rally on in prime time.
Alex Griffing at Mediaite: CNN’s Oliver Darcy Reportedly Scolded By Boss Chris Licht Over ‘Emotional’ Trump Town Hall Coverage: ‘They Put the Fear of God Into Him.’
CNN media reporter Oliver Darcy was reportedly scolded by his boss Chris Licht, the chairman and CEO of the network, over his critical coverage of the network’s Trump town hall on Wednesday night.
Puck’s Dylan Byers reported Friday that Licht “summoned” Darcy “and his editor to a meeting with himself and top executives in which they told him that his coverage of Trump town hall had been too emotional and stressed the importance of remaining dispassionate.”
Darcy reported on the town hall after the event, writing, “It’s hard to see how America was served by the spectacle of lies that aired on CNN Wednesday evening.”
Jonelle Summerfield. Afternoon Tea for One
He offered some kind words for Kaitlan Collins, who moderated the event, calling her “as tough and knowledgable of an interviewer as they come.” He noted that “she fact-checked Trump throughout the 70-minute town hall.” On the whole, his analysis was critical of the network.
Byers, a veteran media reporter who has worked everywhere from NBC to Politico to CNN, added further detail:
“summoned Darcy and his editor Jon Passantino to a meeting with himself, CNN comms chief Kris Coratti, editorial executive vice president Virginia Moseley and senior vice president of global news Rachel Smolkin, in which they told him that his coverage had been too emotional and repeatedly stressed the importance of remaining dispassionate when covering the news, be it CNN or any other media organization.”
“Darcy stood by his work and pushed back on the ‘emotional’ characterization, one source with knowledge of the meeting said. But afterward two sources who heard about the meeting described him as visibly shaken,” Byers reported.
“They put the fear of God into him,” Byers reported another source saying. Darcy took over Brian Stelter’s Reliable Sources newsletter after Licht ousted Stelter at the network.
For Pete’s sake, Darcy is a media critic. He’s supposed to express his opinions. Chris Licht doesn’t seem to know much about journalism.
Diane Feinstein has finally returned to Washington and will again fill her seat on the Senate Judiciary Committee. Perhaps now Biden’s judicial appointments will resume getting approval. But there are concerns about Feinstein’s health.
From Paul McCloud at Rolling Stone: Feinstein’s Health Crisis Goes Back Farther than We Knew.
DIANNE FEINSTEIN, 89, returned to Congress this week, ending an almost three-month medical absence that highlighted her advanced age and deteriorating health. But her decline, and the problems it entails for American democracy, date back farther and go deeper than has been publicly known.
Multiple sources tell Rolling Stone that in recent years Feinstein’s office had an on-call system — unbeknownst to Feinstein herself — to prevent the senator from ever walking around the Capitol on her own. At any given moment there was a staff member ready to jump up and stroll alongside the senator if she left her office, worried about what she’d say to reporters if left unsupervised. The system has been in place for years.
“They will not let her leave by herself, but she doesn’t even know it,” says Jamarcus Purley, a former staffer.
Senators juggle a heavy schedule of votes, hearings and meetings on a wide range of subjects. Momentary lapses and mixups about a topic are far from unheard of. But over the last several years, interviews with Feinstein devolved into confusion on a near-daily basis. A familiar pattern would emerge: Feinstein would make an unexpected stance on a bill or policy position, only for her staff to quickly follow up by email to correct the record. It got to the point where reporters would pause before rushing to publish an otherwise-newsworthy declaration because of the inevitability of staff reversing her statement.
By Lotte Laserstein
Feinstein once notably seemed to forget she had relinquished her role as third in line to the presidency. As the longest-serving member of the Senate majority, she would traditionally serve as president pro tempore, behind only the vice president and speaker of the House in the line of succession. Feinstein announced last October via a written statement she would voluntarily give up the title. But when asked about it three weeks latershe told a reporter she was still considering what to do. The staffer quickly corrected the Senator.
It’s a sad career coda for a groundbreaking lawmaker, who has said she will retire when her term expires at the end of next year. Feinstein joined the Senate in 1992 as the first female senator from California, accomplishing a series of firsts as she rose through the chamber’s ranks. As well as advancing landmark gun control and marriage equality laws, she became the first woman to lead the Senate’s intelligence panel in 2009. In 2017, became the first woman to chair the Judiciary Committee.
There’s much more at the link.
Another Senator who should definitely retire is Alabama’s Tommy Tuberville, who wants to control the Defense Department’s abortion policies and thinks that white supremacists should be welcomed in the U.S. military.
Megan Leibowitz at NBC News: Military promotions impasse drags on as Sen. Tuberville defends blockade.
Dozens of military promotions continue to languish in the Senate as GOP Sen. Tommy Tuberville digs in on blocking typically routine approvals over his opposition to the Pentagon’s abortion policy.
About 200 defense-related promotions are awaiting Senate action, but Tuberville has indicated he has no plans to ease up on his blockade unless the Defense Department reverses course on an abortion policy for service members and their dependents that was announced in October.
Since March, Tuberville has been using a procedural tactic to slow promotions that are often quickly approved in the Senate by unanimous consent. One senator’s objection, however, can stall the approval process.
The Alabama senator’s moves have provoked bipartisan backlash, including from Senate Minority Leader Mitch McConnell, R-Ky. Asked in a press conference Wednesday about Tuberville’s holds, McConnell replied, “No, I don’t support putting a hold on military nominations. I don’t support that.”
Tuberville responded to McConnell’s remarks on Thursday saying the Pentagon has not been responsive.
“I’m not talking to anybody — crickets from anybody in the military, you know, to work this out,” Tuberville told reporters.
When reached for comment, a Pentagon spokesperson said in a statement that Defense Secretary Lloyd Austin “and the Department continue to engage Senator Tuberville and his office in good faith and have directly relayed how his hold on our general and flag officers have risks to our military readiness and severely limit the Department’s ability to ensure strategic and operational success.”
Still life with cat, Thomas Hart Benton
Philip Bump wrote about Tuberville’s remarks about white supremacists at The Washington Post: Sen. Tuberville rises to the defense of racists in the armed forces.
Sen. Tommy Tuberville (R-Ala.) offered an unusual criticism of the Biden administration in a radio interview this week.
“We, our military and [Defense Secretary Lloyd] Austin put out an order to stand down and all military across the country, saying we’re going to run out the White nationalists, people that don’t believe how we believe,” he told NPR affiliate WBHM. “And that’s not how we do it in this country.”
He was asked if White nationalists should be allowed to serve in the military.
“They call them that,” he replied. “I call them Americans.”
Tuberville was elected to the Senate with President Donald Trump’s support in the 2020 election that Trump lost. Even before taking office, Tuberville pledged to oppose the electors cast by states Trump lost in an effort to slow or block Joe Biden’s ascension to the presidency.
Trump-adjacent rhetoric: that Biden and his administration are trying to villainize the right as being riddled with racists and domestic terrorists. It’s just that he got it backward. Instead of suggesting that decent, hard-working Americans were being cast as racists, he’s suggesting that racists are simply decent, hard-working Americans.
The idea that Biden (and Austin by extension) are using accusations of White nationalism as a cudgel was a central part of Tucker Carlson’s rhetoric back in his Fox News days. Immediately after Biden’s inauguration, Carlson highlighted a portion of the new president’s speech in which he — obviously alluding to the riot at the Capitol two weeks before — swore to uproot extremism.
Biden promised to “confront and … defeat” the “rise of political extremism, white supremacy, [and] domestic terrorism” that the country was seeing.
“The question is,” Carlson said in response, “what does it mean to wage war on white supremacists? Can somebody tell us in very clear language what a white supremacist is?”
Tuberville is a real looney-tune, and I’m much more worried about what he will do next than I am about Diane Feinstein’s cognitive decline.
I’m going to end with another horror story–this time about abortion rights.
From the AP, via The Washington Post: A Texas woman was fatally shot by her boyfriend after she got an abortion, police say.
A man who didn’t want his girlfriend to get an abortion fatally shot her during a confrontation in a Dallas parking lot, police said.
Finally Friday Reads: The Media is the Message
Posted: May 12, 2023 Filed under: just because | Tags: Bye Bye Elon, CNN Shit show, Republican Criminals, Running on Empty 26 Comments
Portrait of Pablo Picasso, 1912 – Juan Gris
Good Day, Sky Dancers!
Way back in 1964, Canadian communication theorist Marshall McLuhan titled the first chapter of his book Understanding Media: The Extensions of Man, “The Medium is the Message.” You may read that chapter at the link with the pdf. Wiki has a good summary of the book’s theses, which might explain why I went down this rabbit hole. I read the book in my first high school journalism class, and it’s stuck with me on many levels. He discusses economics, Shakespeare, Cubism, and print and tv media, among other modern inventions, which sent me back to the book for a reread when I declared my economics major and had just finished my Shakespeare class in university. Here I am again, chasing the medium and the message for clues.
McLuhan argues that a “message” is, “the change of scale or pace or pattern” that a new invention or innovation “introduces into human affairs”.[10]
McLuhan understood “medium” as a medium of communication in the broadest sense. In Understanding Media he wrote: “The instance of the electric light may prove illuminating in this connection. The electric light is pure information. It is a medium without a message, as it were, unless it is used to spell out some verbal ad or name.”[11] The light bulb is a clear demonstration of the concept of “the medium is the message”: a light bulb does not have content in the way that a newspaper has articles or a television has programs, yet it is a medium that has a social effect; that is, a light bulb enables people to create spaces during nighttime that would otherwise be enveloped by darkness. He describes the light bulb as a medium without any content. McLuhan states that “a light bulb creates an environment by its mere presence”.[7] Likewise, the message of a newscast about a heinous crime may be less about the individual news story itself (the content), and more about the change in public attitude towards crime that the newscast engenders by the fact that such crimes are in effect being brought into the home to watch over dinner.[12]
In Understanding Media, McLuhan describes the “content” of a medium as a juicy piece of meat carried by the burglar to distract the watchdog of the mind.[11] This means that people tend to focus on the obvious, which is the content, to provide us valuable information, but in the process, we largely miss the structural changes in our affairs that are introduced subtly, or over long periods of time. As society’s values, norms, and ways of doing things change because of the technology, it is then we realize the social implications of the medium. These range from cultural or religious issues and historical precedents, through interplay with existing conditions, to the secondary or tertiary effects in a cascade of interactions that we are not aware of.[12]
Pablo Picasso, 1910, Girl with a Mandolin (Fanny Tellier),Cubism. (2023, May 10). In Wikipedia.
So, I will spare you the Shakespeare but indulge in cubist art today as we consider two things that didn’t exist when the book was written or when I was in high school or University. Today, we have social media and constant streaming of news and news opinion in online newspapers, tv, and podcasts. The medium is a new form of news sharing, and the message, well, the message, can be pretty alarming. At the moment, it all seems overwhelming. I do, however, delight in sharing degenerate art.
Hold on to your coffee cup. I’m about to write about two people who I loathe and whose leadership and contributions to the US public square come through today’s modern media. First up, Elon Musk will be stepping down from Twitter, and his potential replacement is causing windows to rattle in right-wing buildings everywhere.
Reportedly, his replacement will be Linda Yaccarino. Brian Krasenstein introduces her thusly.
NBCUniversal’s Linda Yaccarino appears to be in talks with Musk and Twitter for the position as the company’s CEO. Currently Yaccarino works for NBCUniversal where she is responsible for monetizing the company’s industry-leading portfolio of linear networks, digital and streaming platforms, distribution and commerce partnerships, and client relationships. She also oversees all Global, National and Local Ad Sales, Partnerships, Marketing, Ad Tech, Data, Measurement, Commerce and Strategic Initiatives there.
Yaccarino worked for the WEF (World Economic Forum), one of the global institutions that frighten anyone on the right.
This is from Today’s Washington Post.
Musk had not publicly named Yaccarino but said Thursday that the new CEO will start in aboutsix weeks, after which he will transition to executive chair and chief technology officer.
The choice of Yaccarino, a longtime media industry insider, could signal a change at the ailing microblogging platform and prove a relief to advertisers, many of whom left Twitter after Musk took control. Twitter has laid off roughly three-quarters of its staff, and users have complained about outages and a shift in atmosphere amid sweeping Musk-led changes.
Whether Yaccarino will restore Twitter’s pre-Musk culture, double down on the tech executive’s approach or transform it into something else entirely will be a key question of her tenure — and users have wasted no time scraping her history to make predictions. Here’s what we know.
Yaccarino is chairman of global advertising and partnerships at NBCUniversal, where she oversees 2,000 workers on a team that has generated more than $100 billion in ad sales, according to her profile on the company’s website. Her team has forged partnerships with Apple News, BuzzFeed, Snapchat and Twitter, among others. Word of her talks with Musk come at a potentially awkward time, as Yaccarino is scheduled to address major NBCUniversal clients on Monday at the company’s “upfront,” an event intended to attract advertisers.
Some Musk fans have zeroed in on Yaccarino’s work with the World Economic Forum, an organization of political power brokers and global business leadersthat Musk has criticized, as a sign that she will return Twitter to its old ways or tamp down on Musk’s free-speech initiatives. At the WEF,which promotes globalization and hosts the annual Davos forum,she serves as chairman on the Taskforce on the Future of Work and sits on a committee for media, entertainment and culture, according to her LinkedIn profile.
Responding to some of those concerns in a tweet, Musk said that the platform’s “commitment to open source transparency and accepting a wide range of viewpoints remains unchanged.”
Fernand Léger, The City, 1919, oil on canvas, 231.1 × 298.4 cm (Philadelphia Museum of Art)
This is a rapid about-face given the timeline of Musk’s Twitter acquisition. Musk began acquiring Twitter on April 14, 2022. The deal wrapped up on October 27, 2022. Musks started buying company shares in January 2022. He was the largest shareholder by April, with a 9.1 percent ownership stake.
Meanwhile, back in TVland, the Trump CNN Townhall continues to disgust. BB featured this yesterday, and the hoopla continues. This is from Hugo Lowell, writing for The Guardian. “Trump’s team revels in town hall victory as CNN staff rages at ‘spectacle of lies’ Questions also linger over what the network offered the ex-president in exchange for what some called a Trump infomercial.” Nothing says hostile work environment like putting a young woman in the position of being called “nasty” and listening to an accused Sexual Abuser and defamer give a repeat performance on prime time tv.
Donald Trump believes he got everything that he wanted from the controversial town hall hosted by CNN, according to multiple people close to him, even as it embarrassed the network and prompted a wave of outrage, including from many of its own staff who were upset that it gave Trump a platform to lie to a large audience.
The former president was interested in doing a town hall mainly because it would give the campaign material to clip for social media. He was interested in doing it on CNN because the campaign reached an understanding – which a spokesperson denied – that it would book more Trump surrogates.
Trump was not particularly concerned by whether the broadcast would get high ratings, though he told CNN’s chief executive, Chris Licht, backstage that he would boost their ratings, to which Licht nodded and said he should have “a good conversation and have fun”, two of the people said.
Trump’s advisers saw the town hall ultimately as a strategic win for the former president, who revelled in playing off the live audience of Republican and Republican-leaning voters in New Hampshire, which is hosting the first 2024 GOP presidential primary, and talked over the CNN moderator, Kaitlan Collins, as she tried to factcheck him in real time.
Man in a Hammock by Albert Gleizes
Nothing says Medium and Message more than this. “Licht nodded and said he should have “a good conversation and have fun,” two of the people said.” Yes, that’s precisely what a town hall for a criminal, racist, misogynist, insurrectionist presidential candidate should do. I particularly liked this headline and take by Dan Froomkin. “Lessons for Chris Licht’s successor at CNN.”
There is no evidence that CNN President Chris Licht is capable of learning anything. Nevertheless, his own journalists gave him a hell of a lesson during and after the totally predictable disaster that was the “town hall” with Donald Trump Wednesday night.
Licht has tried to make CNN neutral political territory, most notably by firing bold truth-tellers like Brian Stelter and John Harwood who minced no words when it came to calling out the tornado of lies spawned by Trump, Fox News, and the rest of the MAGA ecosystem.
Licht made it clear to the remaining CNN staffers that they should shove the contentious talk about Trump, in an attempt to appeal to more conservative voters; that they should not “take sides”.
What CNN journalists made clear in turn, on Wednesday night, is that in the Trump era, standing up for the truth absolutely requires you to engage in behavior that looks very much to one side like you’re taking the other. You simply cannot be a legitimate journalist and be neutral about Donald Trump.
Kaitlin Collins is no liberal – Tucker Carlson plucked her straight out of college to work at the Daily Caller — but Trump, blustering and blathering, cast her as a lefty patsy simply for trying to correct a tiny percentage of his flat-out lies. One MAGA publication called her a fool, rude, smug, arrogant, dismissive, boorish and ignorant.
Coming right out of the town hall, CNN’s star anchors completely refused to appear neutral – because to do so would have violated every jot and tittle of their journalistic principles.
And they didn’t only pan Trump, they expressed horror at the bizarre, ravening audience that Licht had pulled together.
Dancer in a café by Jean Metzinger
But then there’s my old friend from Katrina days, Anderson Cooper. “Anderson Cooper, company man .” This is from Finding Gravity and Jamison Foser.
Speaking of fundamentally dishonest, CNN host Anderson Cooper used his show to lash out at critics: 4
Now, many of you think CNN shouldn’t have given him any platform to speak. And I understand the anger about that. Giving him the audience, the time, I get that. But this is what I also get. The man you were so disturbed to see and hear from last night? That man is the frontrunner for the Republican nomination for president. And according to polling, no other Republican is even close. That man you were so upset to hear from last night, he may be president of the United States in less than two years.
And that audience that upset you? That’s a sampling of about half the country. They are your family members, your neighbors, and they are voting. And many said they’re voting for him. Now, maybe you haven’t been paying attention to him since he left office. Maybe you’ve been enjoying not hearing from him, thinking ‘it can’t happen again. Some investigation is going to stop him.’ Well, it hasn’t so far.
So if last night showed anything, it showed it can happen again. It is happening again. He hasn’t changed, and he is running hard. You have every right to be outraged today and angry, and never watch this network again. But do you think staying in your silo and only listening to people you agree with is going to make that person go away?
This is just breathtakingly dishonest, condescending, and hypocritical.
I’ll take the last part first — the hypocrisy. Here is Anderson Cooper, a multimillionaire dozens of times over thanks to a hefty salary from the cable channel he is so piously defending, 5
ridiculing CNN critics for siloing themselves away so they don’t have to hear a word they disagree with — and he’s doing it as a monologue on the television show he hosts! Cooper could have invited a critic of the CNN/Trump rally on his show; could have given the critic a chance to counter his defense of CNN. But he chose instead to hide behind a monologue, siloed away, safe from counterpoint and disagreement. Like a coward, hoping those he disagrees with will simply go away if he ignores them long enough. He did exactly what he claimed CNN critics are doing. Pathetic cowardice and pathetic hypocrisy.
And of course CNN’s critics 6
aren’t siloed away, unaware of what Trump says. They can’t be — it’s virtually impossible to be unaware of the crap that oozes out of Donald Trump’s mouth; news companies like CNN constantly report the things he says and does. And critics aren’t saying CNN shouldn’t do that. They’re saying CNN should do it responsibly. They’re saying that there’s a difference between reporting on Trump and giving him a platform. They’re saying that CNN shouldn’t give him more than an hour of live airtime to lie and spread hatred in front of a hand-picked audience of adoring fans.
And speaking of that audience, the one Anderson Cooper so condescendingly insisted was a “sampling” of about half the country, as though anyone is unaware that Trump has fans, and as though broadcasting the audience was some kind of important piece of journalism? That audience was instructed that they could applaud but not boo. It was an orchestrated event, a fictionalization.
Think about how much contempt you have to have for your audience to behave the way Anderson Cooper did tonight. To condescendingly, and dishonestly, lecture your audience for not wanting to listen to a (carefully stage-managed) crowd cheer on a man who regularly incites violence as he mocks a woman he has already lost a civil judgement for defaming and sexually assaulting are nothing but snowflakes. To ridicule your audience for being afraid to hear disagreement — and doing it in a monologue instead of in conversation with a guest who might push back on your dishonest portrayal of critics.
Paysage Cubiste by Albert Gleizes
Well, that should harsh his mellow. And then there’s this: “CNN’s Trump town hall was a fascist ritual ” It’s written by Noah Berlatsky at Public Notice. That headline gets straight to the point about the medium and the message.
How can 74 million Trump supporters be fascists?
Democratic presidential nominee Hillary Clinton was widely excoriated when she said in 2016 that half of Trump’s voters were “racist, sexist, homophobic, xenophobic, and Islamophobic” — a “basket of deplorables,” as she memorably put it. In 2022, Shadi Hamid of the Brookings Institute worried that “to say that tens of millions of supporters of the other party … are fascists, fascistic, or semi-fascistic is to use the language of national emergency.” That transforms the other party from “adversaries to enemies,” he argues, which makes it too easy “to justify taking extraordinary action to suppress the threat.”
Hamid is afraid of the effects of polarization. But the way he keeps incredulously insisting that tens of millions of Trump supporters can’t be fascists also suggests that he is just loath to believe that so many Americans — our fellow countrymen, our neighbors, our relatives — can be bad people. Fascism is evil. Americans aren’t evil. So how can Americans be fascists?
The CNN town hall was a 70 minute demonstration in the grim mechanics of how. Robert O. Paxton argues that a core characteristic of fascism is “an obsessive preoccupation with community decline, humiliation, or victimhood” paired with “compensatory cults of unity, energy, and purity.” Fascists claim that they, the pure bearers of the nation’s pride, are being assaulted, smeared, and debased (generally by marginalized people). They then use that as an excuse for extremes of violence in the name of revenge and purity.
You can read more about any of this analysis at the links.
So, I’ve gone way over my usual word count, so I’ll assume you’re mostly asleep by now. However, there’s just one more deplorable to mention. He’s been taking lessons on how to use the term ‘witch hunt’ from Donald Trump. He’s not quite up to the anger level yet.
This is from the New York Times. “What Comes Next for George Santos? The fraud and money laundering charges unsealed on Wednesday do not immediately restrict Mr. Santos from serving in Congress, but the consequences in the months ahead could be severe.” Perhaps a CNN townhall is in his future? The article is written by Rebecca Davis O’Brien.
The day after Representative George Santos was charged with wire fraud and money laundering as part of a 13-count federal indictment, he was free to go back to work as a freshman Republican congressman from Long Island. Mr. Santos, who pleaded not guilty, can still vote in the House, and he can still raise money to run for re-election.
In other words, there were few tangible, immediate consequences for Mr. Santos as a result of his indictment.
But that could change in the weeks to come.
First, Santos has little to do in Congress since he sits on no committees. His basic job is to vote the way McCarthy tells him to vote. He finally has his dream job. They’re not going to toss him out. He’ll just have to wait for the Federal Criminal Case.
Federal prosecutors on Wednesday indicated that their investigation was ongoing: The U.S. attorney’s office in Brooklyn is working alongside the Department of Justice’s public integrity section in Washington, the F.B.I., the Nassau County District Attorney’s Office, and the criminal investigation arm of the Internal Revenue Service.
The grand jury that voted to charge Mr. Santos will continue to meet and hear witness testimony. Prosecutors could bring additional charges against him, and even charge other people, since there are still a lot of unanswered questions about his background and the financing of his 2022 campaign.
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