Monday Reads: Sunshine on a Cloudy Day

Good Day, Sky Dancers!

There are some interesting articles and analyses today so let’s get started!

Jessica Levinson at MSNBC has this to say about the classified documents and the media’s false equivalencies between the last two presidents. ” Investigations into classified docs should leave Trump more worried than Biden. Don’t focus on the headlines in the investigations into classified documents held by Donald Trump and Joe Biden. Focus on the details.”

There’s a line in an old song that goes, “Lawyers dwell on small details.” It’s true. The law is all about details. From one perspective, two cases may appear similar, but depending on the details, they can be very different.”

Classified documents were found at the offices and homes of former President Donald Trump and President Joe Biden from the time he was vice president. In November Attorney General Merrick Garland appointed Jack Smith as special counsel to lead the investigation into the presence of classified documents at Trump’s Mar-a-Lago residence. Thursday, after reports that classified documents from his vice presidency had been found at Biden’s home and office, Garland appointed Robert Hur as special counsel to investigate that matter.

So far, the stories look similar. Neither Biden nor Trump should have been in possession of classified documents after they left office. These are the people’s documents, not theirs.

But because the law concerns itself with details, not headlines, the similarities mostly stop there.

As a former president, Trump might be indicted, but perhaps the most important reason Biden is unlikely to face indictment or criminal prosecution is he’s currently president. As we know all too well from the four years of the Trump administration, the Justice Department has a policy against indicting sitting presidents. An opinion issued by the Office of Legal Counsel, a division of the Justice Department, provides that charging the president with a crime would “unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.”

The GOP now controls the House of Representatives, and we know members of that party have been raring to go to investigate and possibly impeach Biden. But impeaching Biden for possessing classified documents would be improper for two reasons. First, there is a good argument to be made that people can only be impeached for misconduct committed while in office. Biden’s retention of classified documents occurred after he left the vice presidency and before he assumed the presidency. Second, impeachment is only available when the subject of the impeachment has engaged in “treason, bribery, or other high crimes and misdemeanors.”

After a Trump attorney’s false assertion to the Justice Department that all the requested documents at Trump’s Mar-a-Lago residence had been returned, the Justice Department was ultimately forced to obtain and execute a search warrant.

For reasons discussed below, Biden’s conduct is unlikely to be characterized as criminal, even if he weren’t the sitting president. There is also plenty of reason to believe that Trump will or at least ought to be. Consider what each did after being alerted that he might be in possession of classified documents.

Trump reportedly ignored multiple requests from the National Archives for those documents, and after a Trump attorney’s false assertion to the Justice Department that all the requested documents at Trump’s  Mar-a-Lago residence had been returned, the Justice Department was ultimately forced to obtain and execute a search warrant. Prosecutors have also argued that Trump’s team tried to hide the documents found at Mar-a-Lago before and after the subpoena was issued.

Reportedly, in Biden’s case, the White House counsel alerted the National Archives as soon as classified documents were found at Biden’s former office in November. The National Archives didn’t ask; Biden’s team offered.

Then that team searched for any additional documents that belonged to the government. It found additional files at Biden’s residence in December and more last week, before the White House announced Saturday that additional documents had been found Thursday. The Biden story is one of cooperation, not obstruction.

The contrast was muddied this weekend in the Sunday Shows.  There’s an outline of what various Congressional Representatives said at Politico written by Eugene Daniels. “POLITICO Playbook: Three storylines to watch in Biden’s document drama.”  Evidently, some Republicans still believe that someone that obviously obstructed the return of stolen documents deserves the same treatment as one that immediately notified the Archives of their existence and fully cooperated.

GOP investigations are inevitable, and they will be ferocious. Rep. JAMES COMER (R-Ky.), the newly minted chair of the House Oversight Committee, released a statement yesterday hammering Biden and promising an investigation.

“Many questions need to be answered but one thing is certain: oversight is coming,” Comer said. “The Biden White House’s secrecy in this matter is alarming. Equally alarming is the fact that Biden aides were combing through documents knowing there would be a Special Counsel appointed.”

Comer is now requesting additional documents and communications “related to the searches of President Joe Biden’s homes and other locations by Biden aides for classified documents, as well as the visitor log of the president’s Wilmington, Delaware, home from January 20, 2021 to present,” per CNN’s Daniella Diaz.

The exchange of the morning came as Comer appeared on CNN’s “State of the Union” with Jake Tapper, which offered a preview of how Republicans will approach the issue, especially vis-a-vis Trump.

Tapper: “Do you only care about classified documents being mishandled when Democrats do the mishandling?”

Comer: “Absolutely not. … At the end of the day, my biggest concern isn’t the classified documents, to be honest with you. My concern is there’s such a discrepancy between how President Trump was treated … versus Joe Biden.” Watch the video

The Washington Post has an exclusive today.  “New details link George Santos to cousin of sanctioned Russian oligarch. The New York congressman once claimed Andrew Intrater’s company was his “client,” while another Intrater company allegedly made a deposit with a firm where Santos worked.  Isaac Stanley-Becker and Rosalind S. Helderman share the byline.

George Santos, the freshman Republican congressman from New York who lied about his biography, has deeper ties than previously known to a businessman who cultivated close links with a onetime Trump confidant and who is the cousin of a sanctioned Russian oligarch, according to video footage and court documents.

Andrew Intrater and his wife each gave the maximum $5,800 to Santos’ main campaign committee and tens of thousands more since 2020 to committees linked to him, according to filings with the Federal Election Commission. Intrater’s cousin is Russian billionaire Viktor Vekselberg, who has been sanctioned by the U.S. government for his role in the Russian energy industry.

The relationship between Santos and Intrater goes beyond campaign contributions, according to a statement made privately by Santos in 2020 and a court filing the following year in a lawsuit brought by the Securities and Exchange Commission against a Florida-based investment firm, Harbor City Capital, where Santos worked for more than a year.

Taken together, the evidence suggests Santos may have had a business relationship with Intrater as Santos was first entering politics in 2020. It also shows, according to the SEC filing, that Intrater put hundreds of thousands of dollars into Santos’ onetime employer, Harbor City, which was accused by regulators of running a Ponzi scheme. Neither Santos nor Intrater responded to requests for comment. Attorneys who have represented Intrater also did not respond.

And speaking of “business dealings,” this is from DAWN. “U.S.: Investigate New Evidence of President Trump’s Business Dealings with MBS . Multimillion-dollar payments from LIV Golf, Reportedly 93% owned by MBS-Controlled Fund, to Trump Golf Resorts Raise Serious Questions about Conflict of Interest, Threats to National Security.”

The U.S. Department of Justice and Congress should investigate the disturbing facts and circumstances surrounding payments by Saudi Arabia’s sovereign Public Investment Fund (PIF), via its wholly-owned LIV Golf company, to businesses owned by former President Donald Trump, said Democracy for the Arab World Now (DAWN).

On January 13, 2023, Elliot Peters, a name partner at Keker, a prominent San Francisco law firm, who is lead counsel to the PGA in the players’ lawsuit, inadvertently revealed in a court proceeding that PIF owns 93% of LIV Golf, pays for all of its events, and holds all of the entity’s financial risk. PIF’s chairman is Saudi Crown Prince Mohamed bin Salman (MBS), who has absolute and final decision-making control over the fund. LIV Golf is a newly established golf tournament franchise that has emerged as a rival to PGA Golf. It has paid Trump-owned golf resorts unknown millions of dollars to hold its events there, and former President Trump has publicly championed the new league, made prominent appearances at its events, and urged PGA players to sign on with LIV Golf.

“The revelation that a fund controlled by Crown Prince MBS actually owns almost all of LIV Golf means that MBS has been paying Donald Trump unknown millions for the past two years, via their mutual corporate covers,” said Sarah Leah Whitson, Executive Director of DAWN. “The national security implications of payments from a grotesquely abusive foreign dictator to a president of the United States who provided extraordinary favors to him are as dangerous as they are shocking.”

The information about LIV Golf was otherwise kept sealed in the secret shareholder agreement between PIF and LIV Golf, although LIV Golf had previously disclosed that the PIF was its majority shareholder. There has been no independent verification of the ownership percentages reportedly revealed in court. It is not known who owns the other seven percent of LIV Golf. LIV Golf Players and LIV Golf have sued PGA for suspending PGA players who have signed contracts with LIV Golf, and PGA has sued LIV Golf and the PIF for interfering with its players’ contracts. MBS is the chairman of PIF and has absolute decision-making power over its investments.

There is little doubt that MBS controls the PIF with as much absolute power as he controls the rest of the country, with final decision-making on all of PIF’s investments. When PIF’s advisory panel objected to PIF’s $2 billion investment in Trump’s son-in-law’s newly established fund, Affinity Partners, MBS reportedly vetoed the objections to proceed with the controversial investment as the only investor in a start-up fund that had no track record. Following DAWN’s demand for Congress to investigate this investment, as well as the $1 billion PIF investment in Trump’s former Treasury Secretary Stephen Mnuchin’s newly established fund, Senator Warren announced she would commence an investigation into conflict of interest breaches and ethics law violations that bar solicitation of foreign government officials while in office.

“Former President Trump made no secret of the endless favors he granted MBS and Saudi Arabia during his term in office, from his first state visit to the country, to vetoing legislation that would have banned arms sales to the country, to protecting MBS by hiding the CIA’s report concluding MBS ordered Jamal Khashoggi’s murder,” said Whitson. “It now appears that like his son-in-law and treasury secretary, Trump is cashing in his chits with MBS for all these favors.”

DAWN stands for Democracy for the Arab World Now.  It’s an advocacy group founded by Jamal Khashoggi, an American Journalist brutally murdered at the request of MBS in the Saudi Consulate in Istanbul on October 2, 2018.

Further down the Republican food chain, we have this headline by Caleb Newton writing for  Bipartisan Report:. “Legal Action Against Ron DeSantis For Migrant Trafficking Upheld By Judge.”

Florida Judge John C. Cooper has upheld a lawsuit filed in his personal capacity by a Democratic state Senator from the south of the state challenging the legal framework GOP Governor Ron DeSantis used for transports last year of migrants from Texas to a community in Massachusetts.

The trip, which was evidently facilitated without any prior notice to local leaders or members of the community where the migrants arrived, although residents quickly mobilized to help those involved, mirrored high-profile efforts by other Republican governors. That list includes Greg Abbott of Texas, whose administration was responsible for a trip that saw migrants arrive in temperatures below freezing outside the D.C. residence of the vice president on Christmas Eve. With the trip for which DeSantis was responsible and other ventures, concerns have also circulated about potential deception targeting those the organizers were trying to cajole into joining the voluntary trips, including about basic facts like the eventual destination.

In Florida, the case from Democrat Jason Pizzo challenges the process by which the state set aside $12 million for the transport of migrants. Also at issue in general has been that the transports designated for support by those funds originate in Florida, but the migrants the DeSantis team ferried to Massachusetts started their trek in Texas, although the venture made a brief stop of under an hour in Florida itself. Pizzo argues a new initiative of the substance seen in something like the funds for transports for migrants requires a separate legislative effort rather than mere inclusion in routine budgeting.

The Miami Herald noted the state team argued the budgetary provisions were actually just expanding on a law imposing restrictions on state partnerships with individuals transporting certain migrants into Florida unless detaining or removing those individuals from Florida or the United States. The thing is — that other law was signed after the budget, so no argument about the two building off each other would inherently solve the fact that such isn’t how time works.

Cooper scheduled the trial in Pizzo’s case to start at the end of this month, on January 30. The DeSantis team specifically — and unsuccessfully — sought the case’s dismissal. Separately, the Florida governor has already faced a raft of other scrutiny over the endeavor, including confirmation from the oversight official known as an inspector general at the federal Treasury Department that they would be looking at DeSantis’s usage of interest derived from federal relief funds connected to COVID-19 for the flights. That official spoke to the situation after an inquiry from members of the Congressional delegation from Massachusetts.

Nothing like a bit of sunshine on a cloudy day.

What’s on your reading and blogging list today?

 


Lazy Caturday Reads

Vladimir Rumyantsev

By Vladimir Rumyantsev

After looking around at today’s news, I’d like to go back to bed, pull the covers over my head and pretend none of the madness is actually happening. But I’ll try to pull myself together and post some stories worth reading today.

The most serious news today is that we are rapidly approaching the debt limit and House Republicans are threatening to force a default on the country’s debt, which would crash the U.S. economy–and likely the global economy.

The Guardian: Treasury secretary: US to reach debt ceiling on Thursday.

Janet Yellen, the US treasury secretary, has notified Congress that the US is projected to reach its debt limit on Thursday, 19 January, and will then resort to “extraordinary measures” to avoid default.

In a letter to House and Senate leaders on Friday, Yellen said her actions will buy time until Congress can pass legislation that will either raise the nation’s $31.4tn borrowing authority or suspend it again for a period of time.

She urged lawmakers to act quickly to raise the debt ceiling to “protect the full faith and credit of the United States”.

“Failure to meet the government’s obligations would cause irreparable harm to the US economy, the livelihoods of all Americans and global financial stability,” she said.

Republicans now in control of the House have threatened to use the debt ceiling as leverage to demand spending cuts from Democrats and the Biden administration. This has raised concerns in Washington and on Wall Street about a bruising fight over the debt ceiling this year that could be at least as disruptive as the protracted battle of 2011, which prompted the brief downgrade of the US credit rating and years of forced domestic and military spending cuts….

The White House said on Friday after Yellen’s letter that it will not negotiate over raising the debt ceiling.

“This should be done without conditions,” White House spokesperson Karine Jean-Pierre told reporters. “There’s going to be no negotiation over it.”

Republicans are suggesting we pay some bills and postpone others. The Washington Post: House Republicans prepare emergency plan for breaching debt limit.

House Republicans are preparing a plan telling the Treasury Department what to do if Congress and the White House don’t agree to lift the nation’s debt limit later this year, underscoring the brinkmanship newly empowered conservatives will bring to the high-stakes negotiations over averting a U.S. default, according to six people aware of the internal discussions.

Kim Roberti

By Kim Roberti

The plan, which was previously unreported, was part of the private deal reached this month to resolve the standoff between House conservatives and Rep. Kevin McCarthy (R-Calif.) over the election of a House speaker. Rep. Chip Roy (R-Tex.), a leading conservative who helped broker the deal, told The Washington Post that McCarthy agreed to pass a payment prioritization plan by the end of the first quarter of the year.

The emerging contingency plan shows how Republicans are preparing to threaten to not lift the nation’s debt ceiling without major spending cuts from the Biden administration. Congress must pass a law raising the current limit of $31.4 trillion or the Treasury Department can’t borrow anymore, even to pay for spending lawmakers have already authorized. Economists warn that not raising the debt limit could cause the United States to default, sparking a major panic on Wall Street and leading to millions of job losses.

In the preliminary stages of being drafted, the GOP proposal would call on the Biden administration to make only the most critical federal payments if the Treasury Department comes up against the statutory limit on what it can legally borrow. For instance, the plan is almost certain to call on the department to keep making interest payments on the debt, according to four people familiar with the internal deliberations who spoke on the condition of anonymity to describe private conversations. House Republicans’ payment prioritization plan may also stipulate that the Treasury Department should continue making payments on Social Security, Medicare and veterans benefits, as well as funding the military, two of the people said.

Such a move would be unprecedented and hugely controversial, and even releasing the plan could turn into a major political liability for the GOP. A hypothetical proposal that protects Social Security, Medicare, veterans benefits and the military would still leave out huge swaths of critical federal expenditures on things such as Medicaid, food safety inspections, border control and air traffic control, to name just a handful of thousands of programs. Democrats are also likely to accuse Republicans of prioritizing payments to U.S. bondholders — which include Chinese banks — over American citizens.

Read more details on the GOP’s idiotic “plan” at the link.

The other big story is the ongoing attempts of Republicans and some in the media to draw comparisons between Trump’s theft of hundreds of government documents and refusal to return them to the recent discovery of a small number of classified documents from Joe Biden’s time as Vice President in an old office and at his home in Delaware.

CBS News: Total number of Biden documents known to be marked classified is about 20, source says.

The approximately 10 documents marked classified and discovered at the Penn Biden Center included top-secret material, according to a federal law enforcement official familiar with the investigation.

Top secret is the highest of the three basic levels of classification: confidential, secret and top secret. A leak of top secret information could cause “exceptionally grave damage.”

Fewer than 10 documents marked classified were found at the Biden residence in Wilmington, Del., and none were marked top secret.

In all, the source said, the total number of known documents marked classified is roughly 20,between the two locations.

Toby the Dog, Stephen Hanson

Toby the Dog, Stephen Hanson

NPR: Here’s what we know about the classified documents found at Biden’s home and office.

President Biden is facing a Department of Justice investigation after his lawyers found classified documents at his Delaware residence and an office in Washington, D.C.

On Thursday, Attorney General Merrick Garland appointed former Justice Department official Robert Hur to lead the DOJ probe.

“This appointment underscores for the public the department’s commitment to both independence and accountability in particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law,” Garland said Thursday.

The announcement comes three days after news broke that classified documents had been found at Biden’s private office in November less than a week before the midterm elections – a discovery that led the DOJ to launch an initial inquiry.

Details on the documents and where they were located:

Early last November, Biden’s personal lawyers were packing files from his one-time office at the Penn Biden Center for Diplomacy and Global Engagement, a think tank founded in 2018 by the University of Pennsylvania where Biden served as a fellow and professor before he became president.

There, in a “locked closet,” the White House says, they discovered some files that were marked as classified, even though the office had not been authorized for the storage of classified documents. The documents were quickly turned over to the National Archives.

Then, on Nov. 4, the National Archives inspector general informed the Department of Justice of the discovery. In mid-November, Garland tapped John Lausch, a Trump-appointed U.S. Attorney in Chicago, to begin an initial investigation.

In December, after a review that began after the November discovery, Biden’s personal counsel Robert Bauer informed Lausch that another set of documents had been found in the garage of Biden’s private home in Wilmington, Del. Those documents were soon secured by the FBI.

Finally, on Wednesday night, Biden’s team discovered one more classified document at Biden’s Wilmington home.

As far as we know, Biden’s retention of the documents was unintentional, but the news has provided a golden opportunity for Trump’s dishonest allies.

Jonathan Chait at New York Magazine: Biden’s Document Blunder Is Nothing Like Trump’s Crime. Trump is facing charges because he defied the law.

The sweet spot for Donald Trump’s allies has always been when they can justify his abuses and crimes through misdirected comparisons rather than direct defense. Did Trump extort Ukraine into smearing his opponent? Well, Ted Kennedy once did something kind of like this. Did Trump try to stay in office after losing the election? Maybe so, but let us tell you about the time a Democrat registered an objection to the Electoral College count in Congress.

The key aspect of these arguments is exaggeration, not fabrication. They seize on real events, often genuinely bad things done by other politicians, then use them as pretext to dismiss actions by Trump of a vastly greater order of magnitude.

Belinda Del Pesco

By Belinda Del Pesco

As many people have very neutrally pointed out, the news that President Biden held on to classified documents is pure manna for Trump’s defenders. It gives them a set of facts to work with that, if examined without any of the important context, can be spun to the willfully credulous as evidence that these men have committed similar crimes.

“There’s no good case for putting a President in prison — much less making two Presidents into cellmates — for improperly retaining materials from recent public office,” intones The Wall Street Journal. “When Mr. Trump was out on a limb by himself, this point was less obvious to some of our media competitors. Now that Mr. Biden faces a similar inquiry, perhaps they see how ridiculous it is.”

But Trump is not potentially facing charges because he improperly took classified documents. It’s because when the government found out about the documents, he refused to give them back and — allegedly — took steps to hide them from the FBI. This is not a small twist on the same crime. It is the crime….

This is how he has operated for his entire career. He cheats, lies, and steals in the expectation that he can brazen out any consequences. He can simply refuse to let Black people rent an apartment or pay contractors what he promised them or lie to his lenders about his worth, and whatever cost he faces will be worth it. The reason his document theft rose to the level of a federal crime was that he applied this method to behavior that is covered by the federal criminal code and handled by prosecutors he can’t necessarily bully or bribe into submission.

As we discovered during the Watergate scandal, it’s the cover-up that gets people in trouble. If Trump had just returned all the documents immediately, as Biden did, he (Trump) wouldn’t be facing the possibility of prosecution for obstruction of justice.

Ethics expert Norm Eisen at CNN: Opinion: I worked on document handling issues in government. Here’s why Biden’s and Trump’s cases are different.

We will all need to be patient now that former Maryland US attorney Robert Hur has been appointed by US Attorney General Merrick Garland as the special counsel in charge of the investigation into the classified documents found at President Joe Biden’s home and private office from his time as vice president.

But giving Hur the time to dig into the legitimate questions he must ask does not mean we should compare Biden’s legal exposure to that of Donald Trump.

Based on what we know now, Biden is unlikely ever to face charges, whereas Trump is at high risk because of his obstructive conduct and other factors absent from the Biden case. The cases have special counsels and classified documents in common — but little else.

Hur, who was nominated by then-President Trump for the US attorney role in Maryland in 2018, will now attempt to determine how the batches of classified documents got to Biden’s home in Wilmington, Delaware and to his private office in Washington, DC; who was involved; and who may have seen them.

Still Life with Dillan, Alison Friend

Still Life with Dillan, Alison Friend

He will seek to make sure that there are no more anywhere else on Biden’s personal property (a bone of contention in the Trump investigation) and liaise as necessary with national security officials to assess the risk to national security. And he undoubtedly will look at the logistics of the search; for example, if the first batch of documents was discovered in November 2022, why the review that unearthed the new documents was not completed until this Wednesday….

The bottom line is that so far this appears to be a very different case, and the discovery of the second small tranche of documents and the appointment of the special counsel doesn’t change that. If these preliminary indications bear out, it appears unlikely Biden will face charges at the end of Hur’s investigation (whenever that may be).

Just as Hur must decide the Biden case on its facts, special counsel Jack Smith, who is looking at the Trump documents case, should not be influenced in any way in making his determinations about charging Trump based upon this separate and very different case involving Biden.

The Washington Post addressed the issue of the media response to the Biden story. Will this become another “but her emails” episode? The Biden documents scandal is a test for the media — and an opportunity.

After two years of relative quiet, the Washington press corps mounted familiar battle stations this week as a Biden administration scandal took shape.

“You’re not going to answer the questions, but we’re going to ask them because that’s our job,” Ed O’Keefe, a correspondent for CBS News, told White House press secretary Karine Jean-Pierre during a press briefing Wednesday in which she repeatedly refused to provide new information about classified documents that had been found improperly stored in the president’s former office space.

It triggered a back-and-forth that led Jean-Pierre to plead, “You don’t need to be contentious with me here.”

Yet for all the pent-up vigor with which they launched into the facts of the case, journalists also labored to contextualize a matter made all the more complex by the shadow of former president Donald Trump’s own ongoing classified-documents scandal. And they girded against partisan criticism that they are going too hard or too soft on the story.

Less than 48 hours after CBS News first broke the story Monday evening, some conservatives were quick to insist that “the media” was somehow downplaying it….

In reality, every network was covering the news that President Biden’s attorneys had voluntarily handed over classified documents on Nov. 2, the same day they discovered them found improperly stored in his private office.

The story was the lead piece on ABC’s and CBS’s evening news shows Monday and the second piece on NBC’s “Nightly News.” CNN devoted 1 hour and 47 minutes to the Biden documents that night compared with 14 minutes spent by MSNBC and 29 minutes on Fox News, according to Media Matters, a liberal group tracking media.

Read the whole discussion at the link if you’re interested. Personally, I expect the media to work hard to try to equate the two scandals. I just hope Biden doesn’t give them any more ammunition.

Woman with book and orange cat, Carol Keiser

Woman with book and orange cat, Carol Keiser

Yesterday, the judge in E. Jean Carroll’s sexual assault lawsuit against Trump released the transcript of Trump’s deposition, and it is just as disgusting as I expected.

The Washington Post: Trump falsely claimed in deposition that Carroll spoke about enjoying rape.

Donald Trump used a sworn deposition in a case brought by his sexual assault accuser E. Jean Carroll to continue calling her a liar and to claim she is mentally ill — denying that he sexually assaulted her even as he falsely claimed Carroll said in a CNN interview that she enjoyed being raped.

In rambling and combative testimony during an October session at Mar-a-Lago, Trump reiterated past claims he didn’t know Carroll, except as an adversary in what he termed “hoax” litigation, and said she was a “nut job”who was fabricating the story altogether.

“I know nothing about her,” he said in response to questions from Carroll’s attorney Roberta Kaplan, according to court documents unsealed Friday. “I think she’s sick. Mentally sick.”

The former president twisted Carroll’s comments from a June 2019 interview with CNN anchor Anderson Cooper, in which shesaid she shied away from calling her alleged encounter with Trump a “rape” because the word “has so many sexual connotations” and is a “fantasy” for many.

“I think most people think of rape as being sexy,” she told Cooper, according to a transcript of the interview, explaining that she instead thinks of her alleged attack as a “fight.”

Trump cited the interview in telling Kaplan that Carroll “loved” sexual assault.

“She actually indicated that she loved it. Okay?” Trump said in the deposition. “In fact, I think she said it was sexy, didn’t she? She said it was very sexy to be raped.”

Kaplan then asked: “So, sir, I just want to confirm: It’s your testimony that E. Jean Carroll said that she loved being sexually assaulted by you?”

And Trump answered: “Well, based on her interview with Anderson Cooper, I believe that’s what took place.”

That sounds like an admission that the rape actually happened.

More stories to check out:

Idaho State Journal: Idaho lawmaker ‘deeply sorry’ for comment comparing cows and women’s health.

The Daily Beast: Indiana Lab Worker Fired for Sending Creepy Threats to Democratic Rep. Eric Swalwell.

Fox59 News: ‘I hope you get tied to the back of a truck’: Indiana man threatens Congressman, gets fired from lab manager position.

Legal Insurrection: SCOTUS Investigation Into Abortion Leak Seems A Mess

The Daily Beast: Matt Schlapp and Our Culture of Protecting Predators.

Have a great long weekend, Sky Dancers!!


Friday the 13th Reads: “They were warned… They are doomed… And on Friday the 13th, nothing will save them.”

Good Day Sky Dancers!

The news appears to be all over the place today. I’ll see if I can sort through it.  Meanwhile, it’s Fanart Friday and Friday the 13th, and I’m still stressed by the headlines and life circumstances.  It’s always good to curl up with a good horror movie. Enjoy these fan takes on Jason Vorhees from the franchise and the slasher that never seems to die.

My mother was born in Kansas City, Missouri, and I consider the city my second hometown. We spent most weekends there or in small neighboring Kansas towns with my grandparents. It was the place I always wanted to live because “Everything is up-to-date in Kansas City.”  I’d prefer to stay on the Kansas Side of State Line Road today, where most of my cousins have settled.  Missouri has lost its mind.

This is from the Washington Post as reported by Timothy Bella. “Missouri Republicans adopt stricter House dress code — but just for women.” WTAF?

The Republican-controlled Missouri House of Representatives used its session’s opening day Wednesday to tighten the dress code for female legislators, while leaving the men’s dress code alone.

The changes were spearheaded by state Rep. Ann Kelley (R), a co-sponsor who was among the Republicans seeking to require women to wear a blazer when in the chamber. She was met by swift opposition from Democrats who called it “ridiculous.”

The state House eventually approved a modified version of Kelley’s proposal, which allows for cardigans as well as jackets, but still requires women’s arms to be concealed. Missouri Democrats tore into Republicans for pushing the new restrictions on what women in the chamber could wear.

“We are fighting — again — for a woman’s right to choose for something. This time, it’s how she covers herself — and the interpretation of someone who has no background in fashion,” state Rep. Raychel Proudie (D) said in a speech on the floor. “I spent $1,200 on a suit, and I can’t wear it in the People’s House because someone who doesn’t have the range tells me that it’s inappropriate.”

While previous rules said that “dresses or skirts or slacks worn with a blazer or sweater and appropriate dress shoes or boots” were allowed to be worn by female lawmakers, Kelley, one of the co-sponsors of H.R. 11, said Wednesday that women needed to wear jackets on the floor as “it is essential to always maintain a formal and professional atmosphere.”

Paging Marjorie Taylor Greene, Kyrsten Sinema, and Lauren Boebert! Any fashion tips?  I remember being forced to wear nude hose, low heels, and a suited skirt through much of the 80s and 90s.  I couldn’t even wear pants to school until 8th grade.  Do we really need to be monitored, and for what reason?

There is some justice left in the world for Trump.  This is from the New York Times. “Trump Organization Fined $1.6 Million for Evading Taxes”.  Will have to borrow from some of his friends or grift his followers for the sum?

Former president Donald J. Trump’s family real estate business was ordered on Friday to pay a $1.6 million criminal penalty for its conviction on felony tax fraud and other charges, a stinging rebuke and the maximum possible punishment.

The sentence, handed down by a judge in State Supreme Court in Manhattan, caps a lengthy legal ordeal for Mr. Trump’s company, the Trump Organization, which was convicted in December of doling out off-the-books perks to some of its top executives. One of the executives who orchestrated the scheme, Allen H. Weisselberg, pleaded guilty and testified at the company’s trial. He was sentenced on Tuesday to serve five months at the notorious Rikers Island jail complex.

The financial penalty is a pittance to the company, and the former president, who collected hundreds of millions of dollars in revenue each year while in office. But the verdict branded the company a lawbreaker, exposed a culture that nurtured illegality for years and handed political ammunition to Mr. Trump’s opponents. Prosecutors also continue to press a criminal investigation against the man himself.

The Trump Organization’s lawyers on Friday sought a smaller penalty, pinning the blame on an outside accounting firm, Mazars USA, which they said should have halted the wrongdoing. They also blamed Mr. Weisselberg, who they say carried out the scheme without intending to benefit the Trump Organization. But Joshua Steinglass, a prosecutor in the Manhattan district attorney’s office, argued that the company carried out “a multidimensional scheme to defraud the tax authorities.”

“To avoid detection, they simply falsified the records,” he explained. “This conduct can only be described as egregious,” adding that although the maximum fines may have limited impact on the corporation, “this court should nonetheless impose such fines.”

The judge overseeing the case, Juan Merchan, agreed, imposing the maximum $1.61 million.

“These are arguments that were made throughout the trial,” Justice Merchan said about the defense’s contention that Mazars and Mr. Weisselberg were to blame. “This is not what the evidence has shown, and it is certainly not what the jury found.”

Jason Voorhees, 2017
by Kid-Eternity

This story hits home for me and other cancer survivors and their friends and family.  It’s from the BBC. “US cancer death rate drops by 30% since 1991 .”  There some interesting sidenotes to these findings.

The research found that “at least 42% of the projected new cancers are potentially avoidable”, noting that 19% of cancers are caused by smoking and 18% of cancers are “caused by a combination of excess body weight, drinking alcohol, poor nutrition, and physical inactivity”.

The report also examined racial and economic disparities in cancer outcomes.

The Covid-19 pandemic added to already existing difficulties for marginalised groups to get cancer screenings and treatment.

For nearly every type of cancer, white people have a higher survival rate than black people. Black women with breast cancer face a 41% higher death rate than white women.

One bright spot was that cancer death rates in children and adolescents have seen large declines. Since the 1970s, cancer death rates in children have declined by 71% and by 61% for those ages 15 to 19.

Cancer is the second most common cause of death, after accidents, for children one to 14 years old.

Some cancer progress in children has lagged behind adult research due to “lower enrolment in clinical trials, differences in tumour biology and treatment protocols, as well as treatment tolerance and compliance,” according to the report.

New York Representative George Santos just keeps giving the Trump Family Criminal Syndicate in the Grift business. This is from CNN: “George Santos said accused ‘Ponzi scheme’ he worked at was ‘100% legitimate’ when accused of fraud in 2020.”

Republican Rep. George Santos, said a company later accused of running a “Ponzi scheme” was “100% legitimate” when it was accused by a potential customer of fraud in 2020, more than a year before it was sued by the US Securities and Exchange Commission. Once the company, where he worked, came under federal scrutiny, Santos claimed publicly that he was unaware of accusations of fraud at the firm, a CNN KFile review of Santos’ social media and statements found.

Santos, the embattled freshman Republican, faces growing pressure to resign after he lied and misrepresented his educational, work and family history, including falsely claiming he was Jewish and the descendant of Holocaust survivors. Santos admitted to “embellishing” his resume, but has maintained he is “not a criminal.”

Santos worked at Harbor City Capital Corp. in 2020 and 2021, a company the SEC said was a “classic Ponzi scheme” in an April 2021 complaint against the firm. A Ponzi scheme is a type of fraud where existing investors are paid with funds from new investors, often promising artificially high rates of return with little risk. Santos was not named in the SEC complaint.

As I recall, Nixon was the last Republican to say “I am not a crook.”  How’d that work out for him?

Here’s some reads if you want to get caught up with the Russian attacks on Ukraine.

New York Times: Western Tanks Appear Headed to Ukraine, Breaking Another Taboo

BBCSoledar: Russia claims victory in battle for Ukraine salt mine town

CNNPutin burns through another top Ukraine commander as armed forces chief is handed ‘poisoned chalice’

NBC NewsSatellite images show staggering destruction from bitter fighting in Ukraine’s east

Breaking Defense: How to re-arm NATO for the post-Ukraine future

Well, that’s it for me today!!  Don’t go camping today!

What’s on your reading and blogging list today?


Thursday Reads: A Mixed Bag

Good Afternoon!!

There isn’t any big overarching story dominating today’s news, so I have a mixed bag of articles to share.

I’m going to begin with a story that should be a huge scandal, but the mainstream media and cable news stations have been slow to cover it–I’m not sure why. I posted the story a couple of times here after Roger Sollenberger of The Daily Beast broke it on January 5: Herschel Walker Staffer: Matt Schlapp ‘Groped’ My Crotch.

A staffer for Herschel Walker’s Senate campaign has alleged to The Daily Beast that longtime Republican activist Matt Schlapp made “sustained and unwanted and unsolicited” sexual contact with him while the staffer was driving Schlapp back from an Atlanta bar this October.

The staffer said the incident occurred the night of Oct. 19, when Schlapp, chair of the American Conservative Union and lead organizer for the influential Conservative Political Action Conference, “groped” and “fondled” his crotch in his car against his will after buying him drinks at two different bars.

The staffer described Schlapp, who had traveled to Georgia for a Walker campaign event, as inappropriately and repeatedly intruding into his personal space at the bars. He said he was also keenly aware of his “power dynamic” with Schlapp, widely regarded as one of the most influential figures in national conservative politics.

Read more at the link. Yesterday, CNN finally picked up the story and discussed it extensively on the air; and The New York Daily News published an article about it. Maybe now it will get more attention.

From the CNN story: GOP strategist alleges powerful conservative Matt Schlapp sexually assaulted him.

A Republican strategist alleges that Matt Schlapp, the influential chairman of the American Conservative Union, groped and fondled his groin as he drove Schlapp back to an Atlanta hotel several weeks before the November midterm election.

The strategist, a male in his late thirties who was working for the Georgia GOP and Herschel Walker’s Senate campaign at the time, told CNN that Schlapp made the unwanted sexual advances on the ride back from two area bars on October 19. Schlapp allegedly invited the strategist, who was assigned to drive Schlapp, to join him in his hotel room. The staffer declined the offer, and hours later reported the incident to senior campaign staff….

The staffer says he called and texted friends in real time to tell them what happened. CNN reviewed a text exchange between the staffer and a friend in politics, where the staffer is clearly upset and wondering how to tell the campaign that one of their surrogates had allegedly assaulted him. The exchange is being made public for the first time.

“He’s pissed I didn’t follow him to his hotel room,” the staffer wrote.

“I’m so sorry man,” the acquaintance responded. “What a f**king creep.”

The staffer later texted, “I just don’t know how to say it to my superiors thst heir [sic] surrogate fondled my junk without my consent.” [….]

Schlapp runs the ACU, the organization most widely known for staging the Conservative Political Action Conference, known as CPAC. Both Schlapp and the group occasionally butted heads with Donald Trump before he was elected president in 2016, but have since become fierce loyalists. Schlapp, who served in the George W. Bush White House as director of political affairs, took over the ACU in 2014. His wife, Mercedes Schlapp, worked as Trump’s communications director for nearly two years, from 2017 to 2019.

More on the text messages:

According to text messages reviewed by CNN, Schlapp suggested meeting the staffer for drinks.

“I have a dinner at 7. May grab a beer after if you want to join let me know,” Schlapp texted the staffer. The staffer told CNN he joined Schlapp because of the ACU leader’s standing in conservative political circles.

Once at the bar, the staffer says Schlapp began to inappropriately invade his personal space. After leaving the bar, the staffer alleges Schlapp sexually assaulted him as he was driving Schlapp back to his hotel. The staffer said he did not respond in the moment because he was stunned into silence and was focused on getting Schlapp out of the car as quickly as possible.

Later that evening, Schlapp called the staffer, according to a call log reviewed by CNN, to confirm the staffer would be driving him to another Walker event the next morning. After receiving the call, the staffer says he broke down and memorialized what happened by recording videos of himself describing the alleged assault.

“Matt Schlapp, of the CPAC, grabbed my junk and pummeled it at length. And I’m sitting there (in the car) saying, ‘What the hell is going on that this person with a wife and kids is literally doing this to me, from Manuel’s Tavern to the Hilton Garden Inn there at the Atlanta Airport,’” the staffer says in one of the self-recorded clips, which CNN reviewed. “He literally has his hands on me. And I feel so f**king dirty. Feel so f**king dirty. So I don’t know what to do in the morning.”

The next morning, the staffer told top Walker campaign officials about the alleged incident and they immediately directed him not to drive Schlapp and to pass on a number of a car service.

Why isn’t this story getting more traction? Is it because Schlapp is so powerful within the GOP? He heads up organizations that are virulently anti-gay. I’m waiting for it to come out in The New York Times and The Washington Post.

Next, Joe Biden’s lawyers found a second batch of classified documents in Delaware. There’s no comparison with what Trump did, but I’m worried that this may prevent the DOJ from prosecuting Trump for actually stealing government documents and refusing to return them.

The New York Times: Second Set of Classified Documents Were Found at Biden’s Wilmington Home, White House Says.

The second set of classified documents from President Biden’s time as vice president were discovered at a storage space in the garage of his home in Wilmington, Del., a top White House lawyer said on Thursday….

The White House statement, by Richard Sauber, a special counsel to Mr. Biden, did not answer fundamental questions about the contents of the documents, who packed them and whether anyone had gained access to them after he left office. It also did not say when the second batch had been found.

The statement came after the White House acknowledged this week that an earlier batch had been discovered on Nov. 2 in the closet of an office at a think tank that Mr. Biden had used after leaving the vice presidency.

The statement added that the Biden team immediately notified the Justice Department and arranged for it to take possession of the documents.

Mr. Sauber said Mr. Biden’s team had also searched a house the president owned in Rehoboth Beach, Del., but found no documents stored there.

On Tuesday, Mr. Biden told reporters in Mexico City that he was “surprised” to learn in the fall that his lawyers had found classified government documents in his former office at the Penn Biden Center for Diplomacy and Global Engagement.

He said his staff had fully cooperated with the National Archives and the Justice Department, but made no mention of the documents later found in Delaware.

Mr. Biden’s lawyers discovered “a small number” of classified documents in his former office at a Washington think tank last fall, the White House said on Monday, prompting the Justice Department to scrutinize the situation to determine how to proceed.

As you probably know, the Justice Department is investigating and will eventually decide whether a special counsel should be appointed. So far, there isn’t any comparison between what Trump and Biden did, but of course Republicans will make that claim. Here’s a good thread on the differences between the two.

Read the rest on Twitter.

Jim Jordan, who will be in charge of the Judiciary Committee and the so-called “weaponization of government” subcommittee, is probably salivating over this story. This is from Loch K. Johnson, Frederick Baron, and Dennis Aftergut at The Bulwark: Jim Jordan, Church Committee Pretender.

Members of the new Republican majority in the House of Representatives are trying to stick a civil libertarian label on the subcommittee they’re creating to “investigate the investigators.” Its formal name will be the Select Subcommittee on the Weaponization of the Federal Government. But when talking about it to the press, some Republicans have taken to calling it a reincarnated “Church committee.”

They are invoking the 1975-76 Senate Select Committee on Intelligence Activities chaired by Sen. Frank Church (D-Idaho). That committee was launched after a bombshell 1974 New York Times report about Nixon-era CIA domestic surveillance on anti-war activists and other dissident American citizens.

Two of us (Johnson and Baron) served in key staff positions on the Church committee. The comparison is preposterous. The new House subcommittee is not remotely up to the Church committee standard—in origin, composition, or purpose.

To begin with, the Church committee bore serious moral authority, which arose from its truly bipartisan mission: tough-minded rethinking of intelligence agency activities under administrations of both parties stretching back almost twenty years.

Indispensable to its credibility was the energetic participation of steely moderate Republican senators like Howard Baker (R-Tenn.), Charles Mathias (R-Md.), and Richard Schweiker (R-Penn.). These were statesmen—intellectually honest and adept. In particular, Baker performed an indispensable, fair-minded role for Church committee Republicans, as he had done on the Senate Watergate Committee.

One example: Concerned about the Church committee’s probe into FBI activities against Martin Luther King Jr., Baker sought evenhandedness without obstruction. “Let’s have a balance, not just focus on King,” Baker said. “Perhaps a session on FBI infiltration of the KKK, too.”

On the Church committee, GOP senators—including the committee’s vice chairman, the conservative John Tower (R-Texas)—were willing to pursue the truth about the actions of Republican administrations. In turn, Democratic senators, including Church, Walter Mondale (D-Minn.), and Gary Hart (D-Col.), were willing to probe the actions of the Kennedy and Johnson administrations. That commitment to nonpartisan inquiry catalyzed the committee’s powerful, evidence-based critique of intelligence agency misconduct, and serious proposals for agency reforms later adopted in the Ford and Carter administrations.

What the Church Committee did:

The Church committee unearthed dramatic breaches of law and American norms:

  • CIA assassination plots against foreign leaders such as Fidel Castro in Cuba and Patrice Lumumba in the Congo.
  • FBI COINTELPRO surveillance, infiltration, and disruption targeting King, his Southern Christian Leadership Conference, and the anti-Vietnam War movement.
  • CIA and FBI mail-opening programs that snooped on broad swaths of U.S. citizens.

Those legitimate subjects of investigation are a far cry from what the new House subcommittee is setting out to do: fishing for stories about the mythical deep state and looking into “ongoing criminal investigations”—that is, going after the law enforcement officials investigating the January 6th insurrection.

Read the rest at the link.

Republicans are also salivating about the opportunity to “investigate” Hunter Biden. That could come back to bite Trump though.

The New York Times: Hunter Biden’s Tangled Tale Comes Front and Center.

The way Republicans tell it, President Biden has been complicit in a long-running scheme to profit from his position in public life through shady dealings around the world engineered by his son, Hunter Biden.

Taking a first step in their long-promised investigation, Republicans on the House Oversight Committee on Wednesday demanded information about the Bidens’ banking transactions from the Treasury Department. And in an earlier report on the Bidens intended to lay the groundwork for hearings they plan to hold, they said they had evidence “demonstrating deliberate, repeated deception of the American people, abuse of the executive branch for personal gain, use of government power to obstruct the investigation” and more.

The real Hunter Biden story is complex and very different in important ways from the narrative promoted by Republicans — but troubling in its own way.

After his father became vice president, Hunter Biden, a 52-year-old Yale-educated lawyer, forged business relationships with foreign interests that brought him millions of dollars, raised questions about whether he was cashing in on his family name, set off alarms among government officials about potential conflicts of interest, and provided Republicans an opening for years of attacks on his father.

And after the death of his brother, Beau, in 2015, Hunter descended into a spiral of addiction and tawdry and self-destructive behavior.

He is sober now and no longer entangled in foreign business deals. He is a visible presence in his father’s life — his oldest daughter was married at the White House in November, and he attended a state dinner last month.

But the investigation into his previous dealings may be coming to a head.

David C. Weiss, the U.S. attorney for Delaware, is closing in on a decision about whether to prosecute Hunter Biden on charges stemming from his behavior during his most troubled years.

Investigators have pored over documents related to and questioned witnesses about his overseas business dealings. They include his role on the board of Burisma, a Ukrainian energy company led by an oligarch who at the time was under investigation for corruption — a position that Hunter accepted while his father, as vice president, was overseeing Obama administration policy in Ukraine.

They also include his equity stake in a Chinese business venture, and his failed joint venture with a Chinese tycoon who had courted well-connected Americans in both parties — at one point he gave Hunter Biden a large diamond as a gift — but was later detained by Chinese authorities.

Investigators have similarly sought information about interactions between Hunter Biden’s business associates and his father.

But Mr. Weiss, people familiar with the investigation say, appears to be focused on a less politically explosive set of possible charges stemming from his failure to meet filing deadlines for his 2016 and 2017 tax returns, and questions about whether he falsely claimed at least $30,000 in deductions for business expenses.

Mr. Weiss is also said to be considering charging Hunter Biden, who has openly acknowledged his years of struggle with drugs and alcohol, with lying on a U.S. government form that he filled out to purchase a handgun in 2018. On the form, he answered that he was not using drugs — an assertion that prosecutors might be able to challenge based on his erratic behavior and possible witness accounts of his drug use around that period.

One more sad story for us old fans of 1960’s rock. Yesterday, guitar legend Jeff Beck died suddenly of bacterial meningitis.

From the NYT obit: Jeff Beck, Guitarist With a Chapter in Rock History, Dies at 78.

Jeff Beck, one of the most skilled, admired and influential guitarists in rock history, died on Tuesday in a hospital near his home at Riverhall, a rural estate in southern England. He was 78.

The cause was bacterial meningitis, Melissa Dragich, his publicist, said.

During the 1960s and ’70s, as either a member of the Yardbirds or as leader of his own bands, Mr. Beck brought a sense of adventure to his playing that helped make the recordings by those groups groundbreaking.

In 1965, when he joined the Yardbirds to replace another guitar hero, Eric Clapton, the group was already one of the defining acts in Britain’s growing electric blues movement. But his stinging licks and darting leads on songs like “Shapes of Things” and “Over Under Sideways Down” added an expansive element to the music that helped signal the emerging psychedelic rock revolution.

Three years later, when Mr. Beck formed his own band, later known as the Jeff Beck Group — along with Rod Stewart, a little-known singer at the time, and the equally obscure Ron Wood on bass — the weight of the music created an early template for heavy metal. Specifically, the band’s 1968 debut, “Truth,” provided a blueprint that another former guitar colleague from the Yardbirds, Jimmy Page, drew on to found Led Zeppelin several months later.

In 1975, when Mr. Beck began his solo career with the “Blow by Blow” album, he reconfigured the essential formula of that era’s fusion movement, tipping the balance of its influences from jazz to rock and funk, in the process creating a sound that was both startlingly new and highly successful. “Blow by Blow” became a Billboard Top 5 and, selling a million or more copies, a platinum hit.

Along the way, Mr. Beck helped either pioneer or amplify important technical innovations on his instrument. He elaborated the use of distortion and feedback effects, earlier explored by Pete Townshend; intensified the effect of bending notes on the guitar; and widened the range of expression that could be coaxed from devices attached to the guitar like the whammy bar.

Drawing on such techniques, Mr. Beck could weaponize his strings to hit like a stun gun or caress them to express what felt like a kiss. His work had humor, too, with licks that could cackle and leads that could tease.

Click the NYT link to read the rest. I saw the Jeff Beck Group at The Boston Tea Party in 1968 or 1969. The warm-up group was Buddy Miles. Rod Stewart was impressive as the lead singer. That was before he went more mainstream. Anyway, it was a great show. The Tea Party was a great big hall–no seats or anything and it was LOUD.

Have a great Thursday everyone!!


Tuesday Reads: GOP Clown Show

Clowns, by Philippe Jacquot,

Clowns, by Philippe Jacquot

Good Afternoon!!

The GOP clown show has begun. Last night House Republicans voted to gut the House ethics committee as part of a rules package agreed to by Speaker Kevin McCarthy. Also in the rules package, they approved a new subcommittee under the Judiciary Committee headed by Rep. Jim Jordan that will supposedly investigate the “weaponization” of the federal government. In the first bill taken up by the new House, they voted to eliminate funding for new IRS agents that was included in the Inflation Reduction Act.

Hugo Lowell at The Guardian: House Republicans move to defang ethics office investigating its members.

House Republicans moved to pre-emptively kill any investigations against its members as it curtailed the power of an independent ethics office just as it was weighing whether to open inquiries into lawmakers who defied subpoenas issued by the House January 6 select committee last year.

The incoming Republican majority also paved the way for a new special subcommittee with a wide mandate to investigate the US justice department and intelligence agencies, which could include reviewing the criminal investigations into Donald Trump and a Republican congressman caught up in the Capitol attack inquiry.

The measures took effect as House Republicans narrowly passed the new rules package that included the changes for the next Congress, 220-213, setting the stage for politically charged fights with the Biden administration over access to classified materials and details of criminal investigations.

Seeking to protect itself, the rules package first undercut the ability of the office of congressional ethics (OCE) to function, with changes that struck at its principal vulnerabilities to defang its investigative powers for at least the next two years, according to sources familiar with its operation.

The changes to the OCE are twofold: reintroducing term limits for members of the bipartisan board, which would force out three of four Democratic-appointed members, and restricting its ability to hire professional staff to the first 30 days of the new congressional session.

The issue with the changes, the Guardian previously reported, is that the OCE requires board approval to open new investigations, while new hires are typically approved by the board. The term limits would mean Democrats need to find new board members, which can take months – far longer than the 30-day hiring period.

In essence, the changes mean that by the time the OCE has a board, it may have run out of time to hire staff, leaving it with one counsel to do possible investigations into the new House speaker, Kevin McCarthy, and other Republican lawmakers who defied January 6 select committee subpoenas.

Politico’s Kyle Cheney on the planned “weaponization” subcommittee: Mutually assured obstruction: House GOP aims ‘weaponization’ panel at DOJ.

House Republicans are declaring what amounts to an investigative war on the Biden administration, pledging to probe “ongoing criminal investigations” at the Justice Department.

Veterans of some of Congress’ recent major probes, and the department itself, predict that they’ll be told to pound sand.

Evil Clown vs Smiley, by Herr Karl

Evil Clown vs Smiley, by Herr Karl

 

GOP lawmakers are dramatically escalating their standoff with the administration by launching a wide-ranging investigative panel to probe what they call the “weaponization of government.” It’s a broad mandate that will allow the party to look into any government agency or program that it views as suspect, including the FBI, IRS and the intelligence community — making good on a key demand of a band of hardline conservatives who opposed Speaker Kevin McCarthy’s bid for the gavel.

And it’s an opening salvo that promises to escalate quickly. The Justice Department is certain to fiercely protect its most sensitive investigative files and prosecutors are simply not going to hand over information on open criminal probes, legal experts say. The resulting conflict promises to erode the already strained relationship between DOJ and congressional Republicans.

“This will be a separation of powers hornets’ nest,” said former House General Counsel Stan Brand, who represented witnesses before the Jan. 6 select committee, including Dan Scavino, a top adviser to former President Donald Trump. “In order to insulate the process from taint, [DOJ] will have to draw clearer ‘lines in the sand’ over what they will provide.”

The genesis of the proposed select panel — which would operate underneath the Judiciary Committee, chaired by Rep. Jim Jordan (R-Ohio) — has exacerbated concerns among DOJ allies about how GOP lawmakers will use their broad directive.

Notably, those seeking to access ongoing criminal matters are among the staunchest political allies of the former president whose efforts to overturn the 2020 election are the subject of a special counsel investigation. Several GOP members of Congress — including House Freedom Caucus Chair Scott Perry (R-Va.) — allied closely with Trump, prompting the department to scrutinize their actions.

Perry declined to rule out serving on the panel in an ABC interview on Sunday, asking: “Why should anybody be limited just because someone has made an accusation? Everybody in America is innocent until proven otherwise.”

Both Perry and Jordan were subpoenaed by the Jan. 6 select committee to testify about events surrounding the Capitol attack by a mob of the former president’s supporters. Both declined to comply with the subpoena.

Though GOP leaders have not yet announced any members of the new investigative panel, McCarthy has indicated to House Republicans that he anticipates Jordan will lead it. Rep. Dan Bishop (R-N.C.), who pushed for the investigative body for months, is viewed as a likely member. Rep. Thomas Massie (R-Ky.) has also said publicly he expects to participate.

There’s much more on the plans for the new subcommittee at the link. I can’t imagine these bozos will pry anything from the DOJ. There’s obviously a serious separation of powers issue there.

Republicans in the House also plan to “investigate” the origins of the Covid pandemic. The Washington Post: House GOP to embark on sweeping probe of covid origin, U.S. response.

House Republicans on Monday commissioned a special investigative panel focused on the coronavirus pandemic, hoping to leverage their new, powerful majority to press scientists and federal officials about the origin of the public health crisis and the government’s response to it.

Lovely Clown, by Leonid Afrenov

Lovely Clown, by Leonid Afrenov

Party lawmakers officially chartered the new effort in a sprawling package setting the chamber’s rules for the next two years, awarding it a sweeping mandate — from looking into vaccine development, school closures and other mitigation measures to examining the roughly $5 trillion in emergency federal aid approved since early 2020.

Republicans have long derided Democrats, public health experts and others who advocated for an aggressive government response to covid-19, which has claimed millions of lives globally. At the center of GOP criticism is the suspicion that the coronavirus originated out of laboratory experiments in Wuhan, China, potentially backed by U.S. money — a view at odds with peer-reviewed scientific papers pointing to a more likely origin in a Wuhan market.

In the process, Republican lawmakers also have clashed with scientists and doctors on a wide array of policies meant to arrest the spread of the virus — opposing vaccine mandates, blasting in-person capacity limits and rejecting new federal funding for tests, treatments and other tools.

With new control of the House, however, the GOP aims to surface those concerns in a more prominent setting, questioning a wide array of current and former government officials, potentially including Anthony S. Fauci, the former head of the National Institute of Allergy and Infectious Diseases. The panel, officially named as the Select Subcommittee on the Coronavirus Pandemic, essentially replaces a Democrat-led legislative body that had focused its work on monitoring emergency coronavirus aid for fraud. Under Republicans, it does not yet have a leader, but it is expected to hold its first hearing in February.

Sigh . . .

You can read more about the McCarthy rules package at The New York Times: New House Rules Make It Easier to Dump Speaker, and Harder to Spend or Raise Taxes.

According to Andrew Solender at Axios, there’s another secret addendum to the rules package: House Republicans in the dark on McCarthy’s shadow document.

A private document that only some House Republicans have seen and others refuse to talk about could play an outsized role in the governance of the chamber over the next two years.

Why it matters: The document contains concessions — not included in the rules package passed on Monday night — that House Speaker Kevin McCarthy (R-Calif.) made to rebellious Freedom Caucus members to secure the speaker’s gavel.

 — Those members have threatened to kill McCarthy’s speakership as swiftly as they acquiesced to it if he reneges on their handshake agreements.

Driving the news: The existence of a “secret three-page addendum” containing “the most controversial concessions” that McCarthy made in order to get elected was first reported by Punchbowl News on Monday and confirmed to Axios by multiple GOP aides and members.

  — One of those concessions is three seats set aside for conservatives on the Rules Committee, as well as representation for them on the powerful Appropriations Committee.

  — Other McCarthy giveaways include votes on congressional term limits and a select committee on the weaponization of the federal government, a debt limit strategy and a more open amendment process on appropriations bills.

  — One thing the document doesn’t contain, according to NRCC Chair Richard Hudson (R-N.C.), who said he’s seen it, is promised committee chairmanships for specific members: “No names, just representation [on panels].”

Read the rest at Axios.

Ben Werschkul at Yahoo Business on the IRS defunding bill: Here’s why the House GOP made defunding the IRS its first priority.

The House GOP’s first policy bill out of the gate didn’t address inflation or gas prices or immigration, but instead went after the Internal Revenue Service.

Dark Clown, by

Dark Clown, by BERTOLINO Florent

The bill was passed Monday evening on a straight party line vote of 221 to 210 to reverse much of the $80 billion in extra funding set aside for the agency by 2022’s Inflation Reduction Act. need of reform.” [….]

The claim from countless Republicans, from Speaker McCarthy on down, is that the influx of money will lead to a flood of 87,000 new IRS agents who will then turn and harass everyday Americans. Some critics of the agency go even further and claim these new agents will be armed.

But fact-checkers have repeatedly debunked the claims, and the agency itself pushed back in a Yahoo Finance op-ed from then-IRS Commissioner Charles Rettig in August.

The viral claims are “absolutely false,” Rettig wrote at the time, adding his agency “is often perceived as an easy target for mischaracterizations,” but he promised the new money will not lead to increased audit scrutiny on households making under $400,000.

The plan is instead for much of the money to go toward wealthy tax cheats. IRS estimates of the so-called “tax gap” — the difference between what taxes are owed to the government and what is actually paid — is hundreds of billions of dollars a year.

Much of the $80 billion will be focused on taking a bite out of the gap, focusing on wealthy tax payers. The investment is projected to pay for itself and then bring in over $100 billion in increased tax revenue over the coming decade.

By contrast, a new analysis from the Congressional Budget Office released Monday afternoon found that the net effect of the House GOP bill’s to defund the agency would increase the deficit by more than $114.3 billion over the coming decade if enacted.

Fortunately, this bill will most likely die in the Senate, and if it somehow gets to Biden’s desk, he will veto it.

In other news, Republicans are gleeful, because a small number of classified documents were found while lawyers were cleaning out an office used by Joe Biden before he became president. The lawyers immediately contacted the National Archives and turned over the documents, and the DOJ is now looking into what happened. There’s no comparison between this and Donald Trump’s stealing of hundreds of classified documents and refusing to return them, but Republicans will have a field day anyway. One hopes the press will recognize the differences.

Philip Bump at The Washington Post: The Trump and Biden classified-document revelations are not the same.

After serving as Barack Obama’s vice president for eight years, Joe Biden did what high-profile former politicians so often do: He set up a think tank at a prominent university.

Biden’s was called the Penn Biden Center for Diplomacy and Global Engagement, headquartered at the University of Pennsylvania. But unlike other elected officials and other such institutions, Biden’s engagement with the Penn Biden Center was soon back-burnered. By April 2019, he was a candidate for the presidency.

In November, almost exactly two years after Biden’s election, attorneys for the president were emptying an office at the center when, according to their account, they discovered about 10 documents bearing classification markings. The next day, the documents were turned over to the National Archives. The Justice Department is now reviewing them.

In its most concise distillation — documents with classification markings found in president’s office — the scenario seems like a mirror of the controversy that swirled around Donald Trump for much of last year, including the FBI search of his Mar-a-Lago property. Trump and his allies have, predictably, tried to draw this comparison, looping in funding that Penn (broadly; not the Biden center) has received from China.

365-days-with-this-clown-ylli-haruni

355 days with this clown, by Ylli Haru

“When is the FBI going to raid the many homes of Joe Biden, perhaps even the White House?” Trump fumed on the social media platform he owns. “These documents were definitely not declassified.”

But, just as the fundamental issue with the Trump documents is not whether they were classified, the situations with the two presidents are not obviously comparable in the way that Trump suggests.

At this point, we don’t know much about the Biden documents beyond what his team has made public, which is certainly an important caveat. According to the Biden team’s statement, the documents were found in a locked closet and quickly turned over to the government. What they contain is unclear, as is their current classification level or status. (There are, of course, numerous existing documents that are no longer classified but which may nonetheless still carry classification markings.) One person, tongue presumably in cheek, told CBS News that the documents did not contain nuclear secrets.

Obvious differences are that Biden didn’t take the documents deliberately and his attorney turned them over to the National Archives as soon as they discovered them. Read the rest at the WaPo.

Meanwhile, the DOJ is still attempting to get Trump to return any documents that he still possesses. Hugo Lowell at The Guardian: DoJ seeks to question Trump team that found more classified documents.

The US justice department is intensifying its investigation of Donald Trump’s unauthorized retention of national security materials as it prepares to question the people who searched the former president’s properties at the end of last year and found more documents with classified markings.

The department was given a general explanation from Trump’s lawyers at the time about who conducted the search – a company said to be known to Trump with experience handling classified records cases – when the new documents marked as classified were returned to the government around Thanksgiving last year.

But the department, unsatisfied with that accounting, last week convinced a federal judge in a sealed hearing to force Trump’s lawyers to give the names of the people who retrieved the documents with an intent to question them directly, according to sources familiar with the matter.

The move by prosecutors to ask a federal judge to compel the information marks the latest escalating twist in the criminal investigation into Trump’s potential unauthorized retention of highly sensitive government documents as well as obstruction of justice.

The pattern of prosecutors now seeking judicial intervention at every turn signals an aggressive posture from the special counsel Jack Smith, who is overseeing the investigation after being appointed to insulate the department from accusations of political conflicts with Trump, who is now a 2024 presidential candidate.

The justice department told Trump’s legal team in October that it suspected the former president was still in possession of additional documents with classified markings even after the FBI seized hundreds of sensitive materials when agents searched his Mar-a-Lago property on 8 August.

After initially resisting suggestions to retain an outside firm to search his properties for any classified documents, Trump retained people to search his other properties including Trump Tower in New York, Trump Bedminster golf club in New Jersey, Mar-a-Lago, and a storage unit in Florida.

The search, carried out by a company described as being a known entity to the former president, turned up at the storage unit at least two more documents with classified markings that Trump’s lawyers then hurriedly turned over to prosecutors on the documents case.

That’s it for me today. What else is happening? What stories are you following?