Mostly Monday Reads: A Fascist Returns to Power in Italy and the Return of the January 6th Committee

Posted: September 26, 2022 | Author: | Filed under: just because | Tags: , , , , | 20 Comments

Pearblossom Highway, 1986, David Hockney-

Good Day Sky Dancers!

I’ve been trying to get a handle on today’s headlines, and wow, there’s chaos afoot in the world and our country.  The New York Times has this for a headline: “U.S. Warns Russia of ‘Catastrophic Consequences’ if It Uses Nuclear Weapons.” That’s nothing I thought I’d see again since the Cold War was over.

Then, Italy’s voters elected one of those bleach-blonde fascists we see so much these days on Fox News and Republican Conventions. For Eyes on the Right, Damon Linker analyzes the election results for us: ” What just happened in Italy? Much the same as what’s happened in France, Great Britain, Sweden, Poland, Hungary, and the U.S.”

What happened in yesterday’s election in Italy?

At the purely factual level, a coalition of right-wing and center-right parties won big in an election trigged by the collapse of a government led by the center-left Mario Draghi.

Giorgia Meloni’s Fratelli D’Italia (Brothers of Italy) was the biggest vote winner. The Fratelli were founded in 2012 as a successor to the post-fascist MSI (Italian Social Movement), which was itself founded in 1946 by Giorgio Almirante, who served as a minister under Mussolini. The other major members of the coalition are Matteo Salvini’s Lega and Silvio Berlusconi’s Forza Italia. A fourth party called Noi Moderati (really a coalition of small, centrist parties) is also expected to join a right-leaning government. At the time of this writing, with about half of the votes counted, it looks like the right will take something in the range of 60 percent of the seats in both the lower and upper houses of the legislature while winning a slightly smaller share of the vote than polls had predicted. (With Salvini’s Lega, especially, under-performing.)

The reality is somewhat less ominous than one might conclude from hearing we’re living through “the return of fascism in Italy.” The incoming government is certainly Italy’s most right-wing since World War II. But it’s also the case that the members of the victorious coalition have much more in common with other right-leaning politicians and parties around the contemporary world than they do with the politics of the 1930s.

I’m not confident that reassures me especially given the Italian voter turnout.  This is from The New York Times: “Giorgia Meloni’s Hard-Right Party Leads in Italy’s Voting. Early results suggest that she could be Italy’s next prime minister, the first woman to hold the position and the first with post-Fascist roots. It will still be weeks before a new government is formed.” One-third of Italian voters sat out the election.

She grew up with a single mother in a working-class area of Rome, and being a woman, and mother, has been central to her political identity.

Being a woman has also distinguished her, and marked a major shift, from her coalition partners, especially Mr. Berlusconi, the subject of endless sex scandals.

But Ms. Meloni, Mr. Berlusconi and Mr. Salvini share a hard-right vision for the country. Ms. Meloni has called for a naval blockade against migrants and spread fears about a “great replacement” of native Italians. The three share populist proposals for deep tax cuts that economists fear would inflate Italy’s already enormous debt, and a traditionalist view of the family.

Despite the constraints of an Italian Constitution that is explicitly anti-Fascist and designed to stymie the rise of another Mussolini, many liberals are now worried that the right-wing coalition will erode the country’s norms. There was concern that if the coalition were to win two-thirds of the seats in Parliament, it would have the ability to change the Constitution to increase government powers.

On Thursday, during one of Ms. Meloni’s final rallies before the election, she exclaimed that “if the Italians give us the numbers to do it, we will.”

But the coalition, while winning 44 percent of the vote and a majority in Parliament, appeared not to hit that mark.

There seems to be a growing voter backlash against what the Trump Regime SCOTUS appointments have done to Abortion Rights.  Let’s hope we have a massive turnout for our elections in November.

Politico writer Steven Shepard reports, “Pollsters fear they’re blowing it again in 2022. Democrats seem to be doing better than expected with voters. But if the polls are wrong, they could be disappointed in November — again.”

Pollsters know they have a problem. But they aren’t sure they’ve fixed it in time for the November election.

Since Donald Trump’s unexpected 2016 victory, pre-election polls have consistently understated support for Republican candidates, compared to the votes ultimately cast.

Once again, polls over the past two months are showing Democrats running stronger than once expected in a number of critical midterm races. It’s left some wondering whether the rosy results are setting the stage for another potential polling failure that dashes Democratic hopes of retaining control of Congress— and vindicates the GOP’s assertion that the polls are unfairly biased against them.

It’s not that pollsters haven’t tried to fix the issues that plagued them in recent elections. Whether they’re public firms conducting surveys for the media and academic instructions or private campaign consultants, they have spent the past two years tweaking their methods to avoid a 2020 repeat.

But most of the changes they have made are small. Some pollsters are hoping that since Trump isn’t running in the midterms, the problems of underestimating Republicans’ vote share will disappear with him. But others worry that Trump’s ongoing dominance of the news cycle — from the FBI seizure of classified documents at Mar-a-Lago to litigation against his businesses in New York — effectively is making him the central political figure going into Election Day.

“There’s no question that the polling errors in [20]16 and [20]20 worry the polling profession, worry me as a pollster,” said Charles Franklin, the director of the Marquette Law School Poll in Milwaukee and a longtime survey-taker in the battleground state of Wisconsin. “The troubling part is how much of that is unique to when Donald Trump is on the ballot, versus midterms when he is not on the ballot.”

David Hockney, Pop Art Paintings 2006 -2009

Let’s hope people just turn out to say no to Trumpism.

The upcoming January 6 Committee public hearing is being overshadowed by a book and the release of information by former senior technical adviser Denver Riggleman.  Riggleman looks a bit too opportunistic for me to fully trust his rationale for doing this. This is an interview with him via CBS’ 60 minutes.

Bill Whitaker: Wait a minute: Someone in the White House was calling one of the rioters while the riot was going on?

Denver Riggleman: On January 6th, absolutely.

Bill Whitaker: And you know who both ends of that call?

Denver Riggleman: I only know one end of that call. I don’t know the White House end, which I believe is more important. But the thing is the American people need to know that there are link connections that need to be explored more.

As senior technical adviser for the January 6th committee, Denver Riggleman, a former House Republican and ex- military intelligence officer, ran a data-driven operation pursuing phone records and other digital clues tied to the attack on the Capitol.

Denver Riggleman: From my perspective, you know, being in counterterrorism, you know, if the White House, even if it’s a short call, and it’s a connected call, who is actually making that phone call?

CNN has identified the rioter and has more information on the Rigglemen story.  Many texts from Mark Meadows “reveal direct White House communications with pro-Trump operative behind plans to seize voting machines.”  Will this be part of the next public hearing?

As allies of then-President Donald Trump made a final push to overturn the election in late-December 2020, one of the key operatives behind the effort briefed then-White House chief of staff Mark Meadows about his attempts to gain access to voting systems in key battleground states, starting with Arizona and Georgia, according to text messages obtained by CNN.

Phil Waldron, an early proponent of various election-related conspiracy theories, texted Meadows on December 23 that an Arizona judge had dismissed a lawsuit filed by friendly GOP lawmakers there. The suit demanded state election officials hand over voting machines and other election equipment, as part of the hunt for evidence to support Trump’s baseless claims of voter fraud.

In relaying the news to Meadows, Waldron said the decision would allow opponents to engage in “delay tactics” preventing Waldron and his associates from immediately accessing machines. Waldron also characterized Arizona as “our lead domino we were counting on to start the cascade,” referring to similar efforts in other states like Georgia.

David Hockney

Mark Meadows should be in some deep doo-doo over this, to use a Poppy Bushism. This analysis of the Riggleman interview comes from The Hill‘s Brad Dress. “Riggleman says Mark Meadows text messages reveal ‘roadmap to an attempted coup.’”

“The Meadows text messages show you an administration that was completely eaten up with a digital virus called QAnon conspiracy theories,” the former GOP lawmaker said. “You can look at text messages as a roadmap, but it’s also a look into the psyche of the Republican Party today.”

Before he stepped down in April, Riggleman and his team combed through phone records, emails, social media posts and text messages on behalf of the House committee.

That included 2,000 messages connected to Meadows, which Riggleman called “a roadmap to an attempted coup … of the United States.”

In those messages, Riggleman said his team traced the phone numbers of previously unidentified contacts to members of Congress and Trump allies including Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas who pushed to overturn the 2020 election.

Riggleman said what “shook me was the fact that if Clarence agreed with or was even aware of his wife’s efforts, all three branches of government would be tied to the stop the steal movement.”

 

And, there’s this already.

This is from the Tweet posted above. “If Trump is charged, it should be for the worst of his crimes. ‘Seditious conspiracy’ and ‘insurrection’ are more fitting charges than ‘interfering with an official proceeding’ or ‘defrauding the U.S.’”

The significance of Jan. 6 shouldn’t be obscured by legalese before a public contending with the seduction of insurrectionist rhetoric. Charging Trump only with narrowly defined crimes could backfire, and Garland should resist, even if that’s what the House select committee investigating Jan. 6 ends up recommending. The vice chair of the committee, Rep. Liz Cheney (R-Wyo.), has hinted at a possible criminal referral to the Justice Department, both in hearings last month and in interviews during the course of the investigation, by highlighting two potential crimes: interfering with an official proceeding and defrauding the United States. A brief the committee filed in a legal dispute with Trump attorney John Eastman, who hatched the fake-electors scheme in the multipronged effort to overturn the election, also highlights these two offenses. Cheney has further suggested that the committee may include a referral on witness tampering, based on contact Trump had with those called to testify before the panel.

The committee may be tempted to stake out a moderate position regarding criminal charges in a misguided effort to garner public support and make the unprecedented prosecution of a former president more palatable, but the Justice Department must act independently in deciding what, or whether, to charge. To be sure, the DOJ should consider any evidence of criminality uncovered by the committee, but it should give no weight to the committee’s opinion in reaching its determination.

Restricting a federal prosecution to two rather obscure-sounding charges — and a possible third relating to the integrity of the process — would not only downplay the seriousness of Trump’s offenses but could also exacerbate the view that any such prosecution is politically motivated. After the Mar-a-Lago search, that perception took hold among Trump supporters, who accuse the FBI of acting on a technicality involving federal records, even though the bureau had a search warrant signed by a federal judge and based on a showing of probable cause that a crime had been committed. Violating the Presidential Records Act by removing or destroying government documents is not in itself in the same league as insurrection or seditious conspiracy; if, however, the records in question pertain to serious national security breaches — The Washington Post has reported that some of the documents relate to nuclear weapons — that might be a different matter.

You may continue reading that at the WAPO link.

So, I think I’m confused, dazed, and befuddled enough today trying to think all this through.  What do you think?

What’s on your reading and blogging list today?

Lazy Caturday Reads: Two Wannabe Tyrants and A Struggling One

Posted: September 24, 2022 | Author: | Filed under: caturday, Donald Trump | Tags: , , , , | 13 Comments

Happy Caturday!!

079258366aa3aa1cb71e700f59e9028dHillary Clinton dared to speak the truth about Trump in an interview yesterday. Mary Papenfuss wrote about it at HuffPo: Hillary Clinton Compares Trump To Hitler In Disturbing Interview.

In a stinging interview Friday one-time presidential candidate Hillary Clinton compared Donald Trump to Adolf Hitler, and his political rallies to Nazi gatherings.

She zeroed in on Trump’s rally last week in Youngstown, Ohio, where members of the crowd raised a stiff-armed, one-finger QAnon salute to the former president in a gesture chillingly reminiscent of the “heil Hitler” salute.

The QAnon gesture stands for WWG1WGA, or: “Where We Go One We Go All.”

“I remember as a young student, you know, trying to figure out how people get basically brought in by Hitler. How did that happen?” Clinton asked during an onstage interview at the Texas Tribune Festival in Austin.

“I’d watch newsreels and I’d see this guy standing up there ranting and raving, and people shouting and raising their arms. I thought, ‘What’s happened to these people?’” she added.

“You saw the rally in Ohio the other night,” Clinton noted. “Trump is there ranting and raving for more than an hour, and you have these rows of young men with their arms raised. What is going on?”

She added: “I think it is fair to say we’re in a struggle between democracy and autocracy.”

Trump had another rally in North Carolina yesterday. He did plenty of ranting and railing, but his security people stopped audience members who raised their arms in the “heil Hitler”-like gesture. Either Trump or his advisers must have been paying attention to the negative public reaction.

From Eric Garcia, reporter at The Independent, who attended the rally: QAnon, the Big Lie and misogyny: Inside Trump’s Wilmington rally. Trump was supposedly there to support Republican candidates; but, as usual, the rally was all about him and his many grievances.

Former president Donald Trump held a rally in Wilmington on Friday, his first since New York attorney general Letitia James announced her civil lawsuit against him, his three eldest children, his business associates, and the Trump organisation this week….

Indeed, before Mr Trump took the stage, the two monitors on the sides of the stage played a segment from Fox News’ host Jesse Watters comparing Mr Trump’s storage of documents with that of the previous four former presidents.

But the former president also used the rally to air his grievances against Ms James’s lawsuit against him, his family and his business organization, which she called “The Art of the Steal” at a Wednesday press conference.

GettyImages-987491478“There’s no better example of the chilling obsession with targeting political opponents than the baseless, abusive and depraved lawsuit against me, my family, my company, by the racist attorney general of New York state,” he said, giving her the moniker “Letitia ‘Peekaboo’ James.” [….]

Mr Trump’s dislike of female public figures who challenge him – be they Hillary Clinton, Elizabeth Warren, Meryl Streep or Rosie O’Donnell – is well-known. But throughout his speech, he repeatedly ridiculed Ms James, a Black woman, in incredibly personal terms, saying that she is more focused on attacking him than focusing on violent crime.

“This raging maniac campaign for office ranting and raving about her goal – her only goal is, we got to get Donald Trump,” he said about Ms James. “In fact, I was watching it and I said ‘boy, that woman is angry, I don’t think she likes me too much.’”

Garcia on the QAnon salute:

During his rally in Ohio last week, Mr Trump and rally goers confused many when he played dramatic music while attendees pointed one finger in the air. Mr Trump repeated the practice this time, albeit it looked like fewer people raised their fingers in the air during the rally.

A few people who attended the rally had QAnon memorabilia, with some attendees wearing QAnon hats and one truck having an image of Mr Trump with John F Kennedy Jr and former president John F Kennedy, prominent figures in the QAnon conspiracy theories.

Gay Gaines said she approved of the use.

“I loved it, it was very emotional, very touching, very inspirational, very uplifting, and hopeful,” she said. “Good way to end it.”

ShortStack_265125897_1_Carol_Ramsey_MLeditTrump has been “retruthing” QAnon messages regularly on his imitation Twitter website, but yesterday he really outdid himself. Insider: Donald Trump shares Truth Social photo proclaiming him as second only to Jesus.

Former President Donald Trump shared a post on his Truth Social account on Friday, declaring him as “second” only to Jesus.

The post by Truth Social user @austinnegrete said: “Jesus is the Greatest. President @realDonaldTrump is the second greatest.”

It accompanied an image of a painting of Jesus by artist Dan Wilson.

Trump “ReTruthed,” or reposted, the Jesus comparison to his 4.1 million Truth Social followers.

Of course this is ridiculous, as is the QAnon craziness; but we know from past experience that Trump’s ranting and his sway over his audiences is dangers. Mark Follman writes at Mother Jones: Trump Continues to Escalate His Dangerous Incitement.

As the ex-president faces advancing federal and state investigations ranging from Mar-a-Lago to New York to Georgia, he has escalated an insidious form of political incitement, behavior that seems to signal a growing desperation over his legal predicaments. As I first reported beginning two years ago, Trump has long honed a rhetorical method that security experts call “stochastic terrorism”: By continually demonizing his “enemies,” he stirs random violence from extremist supporters as a means to exert and try to maintain political power.

Investigation of the January 6 insurrection showed the consequences of this technique on a mass scale—and further revealed Trump’s explicit willingness to resort to it after attempts to overturn the 2020 election via Congress and the courts had failed. According to sworn testimony from Cassidy Hutchinson, a former top aide in the White House, Trump knowingly urged armed supporters to descend on the Capitol that day and had wanted to lead them there. Ever since, Trump has successfully spread the use of incitement among GOP leaders, as I documented recently.

Repetition across various media is key to the technique and increases the likelihood of violence, according to recently published research from threat assessment experts. Trump has delivered on that in recent weeks: He has continued to target various agencies and individuals using his Truth Social platform, speeches at political rallies, and interviews on Fox News and other more fringe media outlets.

ShortStack_265618904_1_Marguerite_Young_MLeditAnd he has used particularly grim rhetoric. At a Sept. 3 rally in Pennsylvania, Trump calledthe FBI and Justice Department “vicious monsters” and President Biden an “enemy of the state.” During an interview on a right-wing radio show on Sept. 15, he predicted there would be “big problems” in the country if he were to be charged by the Justice Department. “I don’t think the people of the United States would stand for it,” he told host Hugh Hewitt. On Truth Social, Trump promoted a QAnon meme featuring him as a heroic icon of the lunatic conspiracy-theory movement regarded by the FBI as a domestic terrorism threat. Soon thereafter, Trump gave an apocalyptic speech at an Ohio rally where he used music evoking a QAnon theme song, prompting fascistic salutes from the crowd.

Trump hammered home similar messages again on Wednesday in a lengthy sit-down at Mar-a-Lago with Fox News anchor Sean Hannity. Asked by Hannity to comment on a new lawsuit from New York Attorney General Letitia James over alleged financial fraud by Trump, the ex-president laid into the state’s top lawyer and her staff: “They were demeaning me constantly, these people,” he said. “There’s something wrong with them. I really believe they hate our country.”

His effort specifically to provoke feelings of contempt among his supporters is no accident and furthers the risk for violence.

Read the rest at the link.

On MSNBC this morning, former Trump fixer Michael Cohen had a few choice words for his former boss. Raw Story: Cornered Trump ‘doesn’t care if he burns the country down’: former adviser.

Speaking with host Ali Velshi, Cohen said the former president has big legal troubles coming at him from different directions and painting him into a corner.

He then predicted the former president won’t go down quietly.

“What stands out to you, what’s the thing you’re most thinking about right now?” host Velshi asked.

“There are so many investigations and you wouldn’t believe — if this was a television show you would turn around and say, ‘it’s too stupid! I can’t watch this, it’s stupid, it can never happen,'” Cohen exclaimed. “But it is happening in real-time in our lives.”

“Our democracy is in peril because of one man; one man who goes ahead and weaponizes the United States Department of Justice against his critics, against the country against anybody who was not one of his supporters, he is willing to go after.”

“He doesn’t care if he burns the country down in doing it,” Cohen

0b834e1e3ab544c08f19500a8ffeccb6Enough about Trump. Let’s turn to the Trump wannabe in Florida who is also a danger to democracy could end up running for president in 2024–Ron DeSantis. Could he be facing a serious backlash from Florida voters?

Greg Sargent at The Washington Post: Ugly new details about Ron DeSantis’s stunt point to a deeper scam.

Who paid for the migrants to be transported from Texas to Florida?

That question emerges from new revelations about Gov. Ron DeSantis’s vile stunt, in which he transported two planeloads of migrants from Texas to Florida and on to Martha’s Vineyard in Massachusetts.

The Florida Republican refuses to release the state contract that funded the flights. That suggests DeSantis is seeking to bury critical facts even as reporters fill in details about the flights — and their questionable legality.

This potentially points to a deeper scam. DeSantis — whose presidential ambitions emit a stench akin to Limburger rotting in an old sock — is gushing with own-the-libs bluster, vowing to keep shoving migrants in the faces of elite liberals everywhere. But the ones truly getting “owned” by this farce are right-wing voters and Florida taxpayers. The more information that comes out, the clearer this will become.

In a useful piece NBC News’s Marc Caputo reports that the outfit contracted to ship migrants — Vertol Systems Company Inc. — has contributed tens of thousands of dollars to super PACs backing Florida GOP candidates. One funded Matt Gaetz, a right-wing media troll who moonlights as a congressman.

That company has been paid $1.6 million so far, per NBC, and the contract totals $12 million, supposedly to cover future shipments of migrants to other states. NBC also reports:

“But the state budget authorizing the program specifies that “unauthorized aliens” are supposed to be flown from “this state” of Florida — not any other state — and Republicans who crafted the program this year said publicly that Venezuelans seeking asylum are not considered “unauthorized aliens” because they’re allowed to be in this country.”

So a big question is whether state funding of the transport of migrants from Texas to Florida violated that budgetary language. On this basis, a Democratic state senator filed a lawsuit Thursday to block further funding for the flights.

Read more at the WaPo.

bc848f30f3057dd0b612f28a08cce1c2Could DeSantis be facing serious backlash over his treatment of asylum-seekers? Check this out:

The Hill: DeSantis risks voter backlash in Florida with migrant flights.

Florida Gov. Ron DeSantis (R) is facing mounting scrutiny in his home state over his controversial decision last week to fly dozens of mostly Venezuelan migrants to the elite resort island of Martha’s Vineyard, Mass.

While the move was lauded by conservatives as a powerful protest of the Biden administration’s approach to border security, it has sparked a wave of criticism from Democrats and members of Florida’s vast Hispanic community, a politically influential force in the Sunshine State.

“With this move, this stunt, obviously he made his base very happy,” said Adelys Ferro, the executive director of the Venezuelan American Caucus. “But there are many people more toward the middle and people who are independents that are very disgusted and that reject all of this.”

“We are Venezuelan Americans and we vote, and we’re going to vote in November,” she added. “And we’re never going to vote for somebody who does this.

DeSantis has been busy attacking teachers and mistreating immigrants, but will he be ready to deal with an approaching hurricane? CBS News: Tropical Storm Ian strengthens over Caribbean and could approach Florida as major hurricane.

Tropical Storm Ian strengthened as it moved over the Caribbean Saturday and could approach Florida early next week as a major hurricane, according to forecasters. Florida Gov. Ron DeSantis has declared a state of emergency.

The National Hurricane Center (NHC) said early Saturday that Tropical Storm Ian was 270 miles south-southeast of Kingston, Jamaica, moving west at 15 mph. It had maximum sustained winds of 45 mph.

“Early next week, Ian is forecast to move near or over western Cuba as a strengthening hurricane and then approach the Florida peninsula at or near major hurricane strength, with the potential for significant impacts from storm surge, hurricane-force winds, and heavy rainfall,” the National Hurricane Center said.

On Friday, DeSantis signed an executive order issuing a state of emergency for 24 Florida counties which could be in the storm’s path. The order also places the Florida National Guard on standby. DeSantis also put in a request for a federal “pre-landfall emergency declaration.”

Finally, what’ happening with Trump’s idol and mentor Vladimir Putin?

The Washington Post: As Russian Losses Mount in Ukraine, Putin Gets More Involved in War Strategy.

President Vladimir V. Putin of Russia has thrust himself more directly into strategic planning for the war in Ukraine in recent weeks, American officials said, including rejecting requests from his commanders on the ground that they be allowed to retreat from the vital southern city of Kherson.

A withdrawal from Kherson would allow the Russian military to pull back across the Dnipro River in an orderly way, preserving its equipment and saving the lives of soldiers.

4306128e4d89a0be73cdb541c5e153fdBut such a retreat would be another humiliating public acknowledgment of Mr. Putin’s failure in the war, and would hand a second major victory to Ukraine in one month. Kherson was the first major city to fall to the Russians in the initial invasion, and remains the only regional capital under Moscow’s control. Retaking it would be a major accomplishment for President Volodymyr Zelensky of Ukraine.

Focused on victory at all costs, Mr. Putin has become a more public face of the war as the Russian military appears increasingly in turmoil, forcing him to announce a call-up this week that could sweep 300,000 Russian civilians into military service. This month, Moscow has demonstrated it has too few troops to continue its offensive, suffers from shortages of high-tech precision weaponry and has been unable to gain dominance of Ukraine’s skies.

Read more at the WaPo.

The New York Times: Putin’s Draft Draws Resistance in Russia’s Far-Flung Regions.

President Vladimir V. Putin’s surprise draft to reinforce his invasion of Ukraine ran into growing resistance across Russia on Friday as villagers, activists and even some elected officials asked why the conscription drive appeared to be hitting minority groups and rural areas harder than the big cities.

Some of the greatest anguish played out hundreds or thousands of miles away from the front line, in the Caucasus Mountains and the northeastern region of Yakutia, a sparsely populated expanse that straddles the Arctic Circle. Community leaders described remote villages where much of the working-age male population received conscription notices in recent days, leaving families that subsist off the land without men around to work ahead of the long winter.

“We have reindeer herders, hunters, fishermen — we have so few of them anyway,” Vyacheslav Shadrin, the chairman of the council of elders for a small Indigenous group known as the Yukaghirs, said in a phone interview. “But they are the ones being drafted most of all.”

Mr. Putin announced the call-up on Wednesday, describing it as a “partial mobilization” necessary to counter Ukraine and its Western backers, who he said were seeking Russia’s destruction. It was a move he had long delayed making, even as supporters of the war clamored for a draft in order to allow Russia to intensify its assault.

Russia will mobilize about 300,000 civilians, defense officials said, focusing on men with military experience and special skills, though some Russian media that now operate outside the country reported that the number could be much higher.

But by Friday, even some of the hawkish commentators who had been urging a draft were criticizing the sweeping and uneven way it appeared to be rolling out.

Read the rest at the NYT.

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

Finally Friday Reads

Posted: September 23, 2022 | Author: | Filed under: campaign financing, corporate money, corruption, court rulings, executive privilege, misogyny, Republican politics, Treason and Sedition Republican Style, tRump crimes against humanity, War on Women | 22 Comments

Caspar David Friedrich, Monk by the Sea, c. 1809,

Good Day Sky Dancers!

The headlines are filled with Republican Shenanigans. Holding them accountable for illegal actions appears difficult.  This highlights the difference in treatment for everyone else and white men.

The case against Rep. Matt Gaetz has now been considered too difficult to prosecute because all of the witnesses are not upstanding citizens.  What do you expect from a gang of sex traffickers of underage women?  Devlin Barret, writing for The Washington Post, states: “Career prosecutors recommend no charges for Gaetz in the sex-trafficking probe. Investigators see credibility challenges for two of the main witnesses in the probe of the congressman’s past dealings with a 17-year-old.”

Career prosecutors have recommended against charging Rep. Matt Gaetz (R-Fla.) in a long-running sex-trafficking investigation — telling Justice Department superiors that a conviction is unlikely in part because of credibility questions with the two central witnesses, according to people familiar with the matter.

Senior department officials have not made a final decision on whether to charge Gaetz, but it is rare for such advice to be rejected, these people told The Washington Post, speaking on the condition of anonymity to discuss the deliberations. They added that it is always possible additional evidence emerges that could alter prosecutors’ understanding of the case.

Nevertheless, it is unlikely that federal authorities will charge Gaetz with a crime in an investigation that started in late 2020 and focused on his alleged involvement with a 17-year-old girlseveral years earlier. Gaetz,40, has repeatedly denied wrongdoing, saying he has never paid for sex. He has also said the only time he had sex with a 17-year-old was when he was also 17.

Chase William Merritt, Idle Hours .1894

The congressman is likely a role model for these guys.  Again, this is from The Washington Post, written by Taylor Lorenz. “The online incel movement is getting more violent and extreme, report says. The Center for Countering Digital Hate analyzed more than 1 million posts showing a rise in advocacy of rape, mass killings.”

The most prominent forum for men who consider themselves involuntarily celibate or “incels” has become significantly more radicalized over the past year and a half and is seeking to normalize child rape, a new report says.

The report, by the Center for Countering Digital Hate’s new Quant Lab, is the culmination of an investigation that analyzed more than 1 million posts on the site. It found a marked spike in conversations about mass murder and growing approval of sexually assaulting prepubescent girls.

The report also says that platforms including YouTube and Google, as well as internet infrastructure companies like Cloudflare are facilitating the growth of the forum, which the report said is visited by 2.6 million people every month. “These businesses should make a principled decision to withdraw their services from sites causing such significant harm,” the report says.

“This is a novel, new violent extremist movement born in the internet age, which defies the usual characteristics of violent extremist movements that law enforcement and the intelligence community are usually used to,” said Imran Ahmed, founder and CEO of CCDH, a US-based nonprofit. “Our study shows that it is organized, has a cogent ideology and has clearly concluded that raping women, killing women, and raping children is a clear part of the practice of their ideology.”

Incels blame women for their failings in life. The term originated decades ago, and while the first incel forum was founded by a woman in the mid 1990s, incel communities have since become almost exclusively male. Incel ideology has been linked to dozens of murders and assaults over the past decade, the most prominent one involving Elliot Rodger, a 22-year-old self-described incel who murdered six people in a stabbing and shooting rampage in Santa Barbara, Calif., in 2014. Before killing himself, he posted a long manifesto and YouTube videos promoting incel ideology.

In March, the U.S. Secret Service’s National Threat Assessment Center released a report warning that anti-woman violence was a growing terrorism threat.

According to the CCDH analysis, members of the forum post about rape every 29 minutes, and more than 89 percent of posters support rape and say it’s acceptable. The CCDH analysis also found that posters on the forum are seeking to normalize child rape. More than a quarter of members of the forum have posted pedophilia keywords, the analysis found, and more than half of the members of the forum support pedophilia.

I don’t believe this is necessarily a new thing.  This is the problem with the internet.  It lets the worst of society hang together and leads to an evil gestalt.  These men gain confidence and ideas from their online cult.  Also, they can see how easy it is for certain types of men to avoid legal entanglements.

This is written by Brian Bennet.   Steal food or smoke a joint, and you wind up in jail for years. This is especially true if you’re a minority or a poor person.  Steal millions via government grants; they ignore you.  Like in sports, Colin Kaepernick and Michael Vick get demonized for their behaviors and dumped. Brett Favre steals millions for welfare recipients in Mississippi and crickets.

On Wednesday, New York Attorney General Letitia James compounded Trump’s legal woes, announcing that the state was suing Trump, his three adult children, the Trump Organization, and senior management in the company, alleging business fraud involving the value of assets to banks, insurance companies and the state tax authorities.

The sheer number of investigations and the increasingly tangled defenses his legal team is having to put on paper and argue in court amount to a stress test of Trump’s standard strategy to deny, deflect, delay, and not put anything in writing.

“I don’t think there’s any other president who was in a similar legal jeopardy” after leaving office, says Timothy Naftali, a historian at New York University and former director of the federal Richard Nixon Presidential Library and Museum. Warren Harding was investigated by his own vice president and successor, Calvin Coolidge. Nixon would have been the target of investigations for years if Gerald Ford had not pardoned him in September 1974, a month after Nixon resigned from office.

“Even Nixon pales by comparison,” says Norman Eisen, an anti-corruption expert at Brookings Institution and the former special counsel to the Democrat’s House Judiciary Committee from 2019 to 2020 during Trump’s first impeachment. “Nixon just had one Watergate scandal. Trump has had a succession of them, each one more concerning than the last.”

In Georgia, Fulton County District Attorney Fani Willis is looking into how Trump pressured election officials to swing the 2020 presidential election in his direction. The House Jan. 6 Committee and the Department of Justice are both looking at what role Trump played in the lead up to the deadly attack on the Capitol Building to stop the lawful counting of electoral college votes. Federal prosecutors have an active criminal investigation into how and why Trump took thousands of government documents—many containing state secrets—to his residence at Mar-a-Lago and why he refused repeated requests to return them.

And New York’s civil lawsuit announced by James on Wednesday is on top of a separate criminal investigation out of the Manhattan District Attorneys’ Office into the Trump Organization that is set to go to trial in October.

In all of the ongoing cases, Trump is employing the tried-and-true playbook he first learned all those years ago from Cohn for staying out of prison and staying in business, according to Jennifer Taub, a professor at Western New England University School of Law who has tracked the ways that Trump had evaded accountability for decades.

Beach in Pourville, Claude Monet, 1882

This exclusive headline from CNN really is fascinating.  I imagine the move is to stop the prosecutors from being able to find and flip associates.  “Exclusive: Trump’s secret court fight to stop grand jury from getting information from his inner circle.”

Former President Donald Trump‘s attorneys are fighting a secret court battle to block a federal grand jury from gathering information from an expanding circle of close Trump aides about his efforts to overturn the 2020 election, people briefed on the matter told CNN.

The high-stakes legal dispute — which included the appearance of three attorneys representing Trump at the Washington, DC, federal courthouse on Thursday afternoon — is the most aggressive step taken by the former President to assert executive and attorney-client privileges in order to prevent some witnesses from sharing information in the criminal investigation events surrounding January 6, 2021.

The court fight over privilege, which has not been previously reported and is under seal, is a turning point for Trump’s post-presidency legal woes.

How the fight is resolved could determine whether prosecutors can tear down the firewall Trump has tried to keep around his conversations in the West Wing and with attorneys he spoke to as he sought to overturn the 2020 election and they worked to help him hold onto the presidency.

This dispute came to light as former Trump White House adviser and lawyer Eric Herschmann received a grand jury subpoena seeking testimony, the people briefed said.

Other former senior Trump White House officials, including former White House counsel Pat Cipollone and his deputy Patrick Philbin, appeared before the grand jury in recent weeks, after negotiating specific subjects they would decline to answer question about, because of Trump’s privilege claims.

Have you ever seen anyone claim privilege this many times?  Nixon didn’t get away with it, so what’s the deal with the Trump claims?  This Trumper candidate seems pretty audacious with the lies too.  Uh, that’s not how this works JR, this is not how any of this works.

But these folks will be bankrolled!  Check out these links!

Alex Isenstadt / Politico:  Trump to unleash millions in the midterms in possible prelude to 2024

 Peter Stone / The Guardian: Alarm as Koch bankrolls dozens of election denier candidates

Former Justice Stephan Breyer warns the current Supreme Court Cartel not to take its backward-facing privilege too seriously.  This is also from CNN, and then I am done with all these bad boys.  “Breyer warns justices that some opinions could ‘bite you in the back’ in exclusive interview with CNN’s Chris Wallace.”

Retired Supreme Court Justice Stephen Breyer is warning his colleagues against “writing too rigidly” in their opinions, saying that such decisions could “bite you in the back” in a world that is constantly changing.

In a wide-ranging interview with CNN’s Chris Wallace on “Who’s Talking to Chris Wallace,” which debuted Friday on HBOMax and airs Sunday night on CNN, Breyer also bemoaned his position in the court’s minority liberal bloc during his final year on the bench, addressed the court’s reversal of Roe v. Wade and spoke about the ongoing controversy regarding Ginni Thomas, the wife of Justice Clarence Thomas.

Breyer said it was a “very frustrating” spot to be in as he found himself in dissent in a number of historically consequential cases where he said the majority side (conservatives — although the retired justice did not use that description) was unwilling to bend.

“You start writing too rigidly and you will see, the world will come around and bite you in the back,” Breyer said in his first televised interview since leaving the bench earlier this year. “Because you will find something you see just doesn’t work at all. And the Supreme Court, somewhat to the difference of others, has that kind of problem in spades.”

“Life is complex, life changes,” Breyer added. “And we want to maintain insofar as we can — everybody does — certain key moral political values: democracy, human rights, equality, rule of law, etc. To try to do that in an ever-changing world. If you think you can do that by writing 16 computer programs — I just disagree.

The comments from Breyer come days before the Supreme Court begins its first term without him in nearly 30 years. In the new term, the justices will consider issues including voting rights, immigration, affirmative action, environmental regulations and religious liberty — areas where the solid conservative majority can easily control the outcomes.

Okay, that’s “all I can stands and I can’t stands no more.”  (To quote my childhood hero.)

What’s on your reading and blogging list today?

 

The great nations of Europe were standing on the shore.
They’d conquered what was behind them
And now they wanted more
So they looked to the mighty ocean
And took to the Western sea
The great nations of Europe in the 16th century

Hide your wives and daughters, hide the groceries too
The great nations of Europe comin’ through

 

 

Thursday Reads: Trump’s Terrible Day

Posted: September 22, 2022 | Author: | Filed under: Afternoon Reads, Donald Trump, Hillary Clinton, SCOTUS | Tags: , , , , , , | 27 Comments

Good Afternoon!!

Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:

Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.

First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.

For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.

For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.

The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.

The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).

What the three-judge panel–including two judges appointed by Trump–said:

Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.

Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….

But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….

In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.

You might also check out this straight news piece by Charlie Savage, et al. at The New York Times: 

In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.

The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.

The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”

The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.

Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.

This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.

In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.

New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.

The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.

With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.

Read the rest at Just Security. Here’s John Buss’s commentary:

What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.

From the article:

The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.

Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”

Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.

But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.

Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.

She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.

It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.

More news, links only:

Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.

The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.

CNN: Russia’s military divided as Putin struggles to deal with Ukraine’s counteroffensive, US sources say.

Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.

AP News: At least 9 killed as Iran protests spread over woman’s death.

NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.

The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.

Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.

NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.

Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.

NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.

Have a tremendous Thursday, Sky Dancers!!

Tuesday Reads

Posted: September 20, 2022 | Author: | Filed under: just because | 26 Comments

Good Afternoon!!

Today is a big day for the Trump stolen documents case. His response to the DOJ filing at the 11th Circuit appeals court was due at noon, and at 2PM the DOJ and Trump lawyers meet with Special Master Raymond Dearie in New York to discuss the process by which Dearie will review the stolen documents. The documents marked classified can’t be included in the review yet, because of the DOJ appeal asking the 11th Circuit for a stay on Judge Loose Cannon’s order that Trump lawyers review them with Dearie.

Yesterday Trump filed a response to a request from Dearie about Trump’s claims to have declassified documents. Kyle Cheney at Politico: Trump discovers he’s not in Cannon-land anymore.

The court-appointed “special master” reviewing documents the FBI seized during the Aug. 8 search has asked the former president to disclose details about any materials he claims to have declassified before calling them his property.

In a court filing Monday, Trump’s attorneys urged Raymond Dearie, the senior federal judge based in Brooklyn, to drop a component of his plan that includes asking Trump for those details. Disclosing those during the review, Trump’s attorneys said, was not a requirement of U.S. District Court Judge Aileen Cannon’s order appointing Dearie as special master. And, they added, it could harm Trump’s defense against any forthcoming criminal charges.

“[T]he Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” the attorneys wrote.

Trump’s team’s comments came in response to a request from Dearie for a proposed agenda when he convenes the parties Tuesday for a preliminary conference in his Brooklyn courtroom. And it wasn’t their only gripe with Dearie’s “draft management plan” for the Mar-a-Lago review — which Trump himself demanded and for which his team picked Dearie as one of two acceptable options for the special master role.

Trump’s team also raised concerns about Dearie’s request for information about whether any subsequent Fourth Amendment litigation filed by Trump to reclaim the documents should be filed with the magistrate judge who authorized the search in the first place: Bruce Reinhart, who Trump has assailed without basis as biased against him.

And Trump’s lawyers also quibbled with Dearie’s proposed deadlines, contending that his draft plan “compresses the entirety of the inspection and labeling process to be completed by October 7, 2022.”

“We respectfully suggest that all of the deadlines can be extended to allow for a more realistic and complete assessment of the areas of disagreement,” his lawyers argued.

I guess the Trump team are now regretting that they asked for Dearie as special master. He expects them spell out the claims they have been making publicly, while avoiding discussing them in Loose Cannon’s court. She appeared to make decisions based on those public comments about declassification and Fourth Amendment violations even though the Trump lawyers didn’t argue them in their court filings. In addition, Trump’s lawyers came right out and admitted that he could be indicted.

Greg Sargent at The Washington Post: Trump’s lawyers just gave away the game, exposing his Achilles’ heel.

Throughout the Mar-a-Lago saga, it has been a running joke: Donald Trump and his media propagandists kept insisting he had declassified the documents he hoarded, supposedly proving his innocence. Yet his lawyers kept refusing to fully embrace this view, suggesting that as a legal argument, it’s rather worthless.

Now Trump’s trickery has run aground in spectacularly revealing fashion: In a new filing, Trump’s lawyers effectively admit they don’t want to address whether he declassified documents, while seeming to acknowledge he could face indictment.

This episode reveals the perils of lawyering by Fox News: If you tailor arguments to a forum where damning facts are never admitted as evidence and Trump’s defenses never face real scrutiny, eventually you’ll hit a wall of legal reality.

This bizarre turn came after Trump and the Justice Department submitted filings to Judge Raymond Dearie, the special master conducting a review of documents that the department secured in the search of Trump’s Mar-a-Lago resort, in response to Trump’s demands for that review.

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post

In their filing, Trump’s lawyers responded to a plan Dearie suggested for this process. While that plan is not public, the Trump team’s objections provide a glimpse of it. As The Post reports

“Specifically, the legal team objected to what it said was Dearie’s request that it ‘disclose specific information regarding declassification to the Court and to the Government.'”

That’s not all Trump’s legal team said, however. There’s also this:

“Trump’s lawyers wrote that they don’t want Dearie to force Trump to “fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order” — a remarkable statement that acknowledges at least the possibility that the former president or his aides could be criminally charged.”

Here’s what this means: Dearie essentially asked Trump’s lawyers to put up or shut up. And they chose Door No. 2.

Trump has been claiming he believes he owns the stolen documents. Maggie Haberman published this scoop last night at The New York Times: Trump Was Warned Late Last Year of Potential Legal Peril Over Documents.

A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.

The lawyer, Eric Herschmann, sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material, the people said.

The account of the conversation is the latest evidence that Mr. Trump had been informed of the legal perils of holding onto material that is now at the heart of a Justice Department criminal investigation into his handling of the documents and the possibility that he or his aides engaged in obstruction.

In January, not long after the discussion with Mr. Herschmann, Mr. Trump turned over to the National Archives 15 boxes of material he had taken with him from the White House. Those boxes turned out to contain 184 classified documents, the Justice Department has said.

But Mr. Trump continued to hold onto a considerable cache of other documents, including some with the highest security classification, until returning some under subpoena in June and having even more seized in a court-authorized search of his Mar-a-Lago residence and private club by F.B.I. agents last month.

The precise date of the late 2021 meeting between Mr. Trump and Mr. Herschmann is unclear. It was also unclear what, if any, awareness Mr. Herschmann had of what was in the boxes when the subject was discussed.

But by then, the National Archives had told associates of Mr. Trump that it was missing documents like original copies of his presidential correspondence with the North Korean dictator Kim Jong-un and the letter left for him by President Barack Obama. Archives officials said they had been told by then that there were roughly two dozen boxes of documents that had been in the White House residence and which qualified as presidential records, which had never been sent to the archives.

The meeting with Judge Dearie is going on now and Josh Gerstein of Politico is in the courtroom.

Trump’s lawyers have also filed a response to the DOJ’s appeal to the 11th Circuit.

Harry Litman posted a series of tweets about the Trump response.

We can’t know how long the appeal will take, but experts are saying the 11th circuit quick response the the DOJ appeal suggests they may act quickly.

There is plenty of other news, but I’m just going to post links, because I’m not feeling well today. It’s just stomach troubles, but it’s interfering with my ability to concentrate and write.

Important News Links:

CNN: Hurricane Fiona left 1 million without running water in Dominican Republic and much of Puerto Rico without power. Now it’s slamming the Turks and Caicos.

The Washington Post: Video appears to undercut Trump elector’s account of alleged voting-data breach in Georgia.

The New York Times: Videos Show Trump Allies Handling Georgia Voting Equipment.

CNN: These male politicians are pushing for women who receive abortions to be punished with prison time.

Charlotte Shane at Harpers: The Right to Not Be Pregnant.

William Saletan at The Bulwark: The Chaotic Politics of Lindsey Graham’s Abortion Bill.

The Guardian: Criminal investigation launched into DeSantis asylum seeker flights.

Charlotte Alter at Time: Conspiracy Theorists Want to Run America’s Elections. These Are the Candidates Standing in Their Way.

Enjoy the rest of your Tuesday Sky Dancers!!

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