Thanks guys for pitching in to post news links when I was under the weather on Tuesday. I really appreciate it. My eyes are better, although they are still watery from hay fever. As usual, there is quite a bit of news today. I’ll try to hit the highlights.
Yesterday, President Biden announced his promised student loan forgiveness plan. That link goes to the White House website with a full explanation of the plan.
President Biden announced student loan debt relief for tens of millions of Americans, saying he would cancel $10,000 in debt for those earning less than $125,000 per year and $20,000 for those who had received Pell grants for low-income students. https://t.co/7WJUuKuxS4pic.twitter.com/3yF5wKaNPl
President Biden announced a plan on Wednesday to wipe out significant amounts of student loan debt for tens of millions of Americans, saying he would cancel $10,000 in debt for those earning less than $125,000 per year and $20,000 for those who had received Pell grants for low-income families.
The debt forgiveness, although less than what some Democrats had been pushing for, comes after months of deliberations in the White House over fairness and fears that it could exacerbate inflation before the midterm elections.
“All of this means people can start finally to climb out from under that mountain of debt,” Mr. Biden said in remarks from the White House. “To finally think about buying a home or starting a family or starting a business. And by the way, when this happens, the whole economy is better off.”
Mr. Biden also announced that a pandemic-era pause on student loan payments, which has been in effect since March 2020, would expire at the end of the year. The timing for the debt relief is uncertain; the Department of Education said it would set up an application process by the end of the year.
Across the United States, 45 million people owe $1.6 trillion for federal loans taken out for college — more than they owe on car loans, credit cards or any consumer debt other than mortgages.
Students who received Pell grants will be eligible for $20,000 in debt forgiveness on their loans. About 60 percent of borrowers have received Pell grants, and the majority come from families making less than $30,000 a year. The Education Department estimates that 27 million borrowers will qualify for up to $20,000 in relief.
Millions of other borrowers will be eligible for $10,000 in debt relief, as long as they earn less than $125,000 a year or are in households earning less than $250,000. Borrowers will be assessed based on the income they reported in 2021 or 2020.
Of course Republicans are complaining that the plan is unfair to people who never went to college and people who already paid off their student loans. Note that they are not concerned about the unfairness of their tax cuts for the richest Americans that must be paid for by the rest of us. Here’s how Biden responded to a press question about that:
Dark Brandon: Eliminator of the Student Loans, Destroyer of the Double Standards pic.twitter.com/jSmtyghFxL
Washington Post satirist Alexandra Petri’s response to these complaints:
I look down at the face of my sleeping child and I vow: If this baby’s life is even one particle easier than mine was, I will burn this whole place down! https://t.co/5OgDR7C5V7
DISGUSTING! AWFUL! I have just received word that life is getting marginally better for some people, and I am white-hot with fury! This is the worst thing that could possibly happen! I did not suffer and strive and work my fingers to the bone so that anybody else could have a life that does not involve suffering and striving and the working of fingers to the bone. I demand to see only bones and no fingers!
Sometimes I wake up in the middle of the night thrashing because I have had the nightmare again, the nightmare in which someone else is being spared a small hint of the suffering I endured. The world should not get better! The world should get worse along with me and perish along with me.
Every time anyone’s life improves at all, I personally am insulted. Any time anyone devises a labor-saving device, or passes some kind of weak, soft-hearted law that forecloses the opportunity for a new generation of children to lose fingers in dangerous machinery, I gnash my teeth. This is an affront to everyone who struggled so mightily. To avoid affronting them, we must keep everything just as bad as ever. Put those fingers back into the machines, or our suffering will have been in vain.
When I see unleaded paint or un-asbestosed homes, I froth at the mouth and start stomping up and down like Rumpelstiltskin. And who are we to think we deserve better than to die of sepsis? Why shouldn’t smallpox be out in the world for us as it once was? Are we too good for scurvy, now? Our great-grandparents made do without penicillin, did they not?
What a fallen, broken world we live in. The audacity of people trying to eat food not contaminated by waste, or increase the number of rhinos in the wild — they had better not! Clean the air? YOU STOP THAT RIGHT NOW. Inhaling thick lungfuls of coal smoke was miserable for me, and it will be miserable for you. Put the cockroaches back into the kitchen, please, and lye back into the meat!
Petri is a national treasure.
Two more articles on the student loan cancellation:
Hey, I’m 74 and I have no clue how much I owe at this point with all the added interest. It could very well be $300,00 at this point. I’m still happy that some young people are getting a break.
Another big story from yesterday: the secret memo that Bill Barr used to absolve Trump of obstruction of the Mueller investigation was released thanks to a lawsuit by Citizens for Ethics.
Former Attorney General Bill Barr misled an entire country about what was in the Mueller Reporter in order to undermine the report and justify not charging Donald Trump with obstruction.
The Justice Department has released the entire text of a secret 2019 memo thatlaid out the legal rationale for not charging President Donald Trump with committing obstruction of justice in the investigation into whether Russia interfered in the 2016 election.
The nine-page memo, addressed to Deputy Attorney General Rod J. Rosenstein, says no potential instances of obstruction of justice by Trump that werecited by special counsel Robert S. Mueller III’s “would warrant a prosecution for obstruction of justice,” regardless of whether the person being investigated was a sitting president….
The memo was written by two senior Justice Department officials for Attorney General William P. Barr, who subsequently told Congress there was not enough evidence to charge Trump with obstruction of Mueller’s inquiry. A redacted version was released last year, leaving the legal and factual analysisunder seal.
The newly released analysis shows that Steven A. Engel, then the head of the Office of Legal Counsel, and Edward O’Callaghan, then a senior Justice Department official, concluded that Mueller did “not identify sufficient evidence to prove any criminal offense beyond a reasonable doubt.”
Pursuing such a case, the memo argued, could stretch obstruction laws to apply to a wide range of officials taking actions “that could influence an investigation” and would raise “serious questions of public policy and constitutional law that would weigh against pursuing criminal charges except under the clearest of cases.”
More news broke yesterday about Trump’s theft of highly classified government documents. It just keeps getting worse.
From the Rolling Stone article:
IN THE WEEKS after the FBI’s Mar-a-Lago raid, former President Donald Trump repeatedly made a simple-sounding but extraordinary ask: he wanted his lawyers to get “my documents” back from federal law enforcement.
Trump wasn’t merely referring to the alleged trove of attorney-client material that he insists was scooped up by the feds during the raid, two people familiar with the matter tell Rolling Stone. The ex-president has been demanding that his team find a way to recover “all” of the official documents that Trump has long referred to as “mine” — including the highly sensitive and top secret ones.
Sources close to Trump agree with outside legal experts that such a sweeping legal maneuver would be a long-shot, at best. “I hate to break it to the [former] president, but I do not think he is going to get all [the] top-secret documents back,” says one Trump adviser. “That ship has probably sailed.”
Further, several longtime Trump advisers say they want absolutely nothing to do with the now-infamous boxes of documents, fearing that any knowledge of them could invite an unwanted knock on the door from the feds. “Who would want any of that back? … If it is what they say it is, keep them the hell away,” a second adviser says.
Still, the former president’s legal team appears to be working to retrieve at least some of the papers seized during the Aug. 8 federal search. In recent days, the Trump team — led by former federal prosecutor Evan Corcoran — has been quietly prepping additional legal arguments and strategies to try to pry back material that the feds removed from the ex-president’s Florida abode and club, the sources say. Those measures include drafting a so-called “Rule 41(g) motion,” which allows “a person aggrieved by an unlawful search and seizure of property” to “move for the property’s return,” according to the Federal Rules of Criminal Procedure.
Good luck with that. Trump is even more delusional than I thought.
NEW: In a May 2021 email, the top lawyer for the National Archives says Trump kept two dozen boxes of presidential records in the White House residence that he did not return despite a determination from his top lawyer that the boxes should be returned. https://t.co/w0EehsJUsY
About two dozen boxes of presidential records stored in then-President Donald Trump’s White House residence were not returned to the National Archives and Records Administration in the final days of his term even after Archives officials were told by a Trump lawyer that the documents should be given back, according to an email from the top lawyer at the record-keeping agency.
“It is also our understanding that roughly two dozen boxes of original presidential records were kept in the Residence of the White House over the course of President Trump’s last year in office and have not been transferred to NARA, despite a determination by Pat Cipollone in the final days of the administration that they need to be,” wrote Gary Stern, the agency’s chief counsel, in an email to Trump lawyers in May 2021, according to a copy reviewed by The Washington Post.
The email shows NARA officials were concerned about Trump keeping dozens of boxes of official records even before he left the White House — concerns that only grew in the coming months as Trump repeatedly declined to return the records. It also showed that Trump’s lawyers had concerns about Trump taking the documents and agreed that the boxes should be returned — at least according to the top Archives officials — while Trump kept the documents.
The previously unreported email — sent about 100 days after the former president left office with the subject line “Need for Assistance re Presidential Records” — also illustrates the myriad efforts Archives officials made to have documents including classified material returned over an 18-month period, culminating with an FBI raid this month at Trump’s Mar-a-Lago Club in Florida….
Stern does not say in the email how he determined that the boxes were in Trump’s possession. He wrote that he also had consulted another Trump lawyer during the final days of Trump’s presidency — without any luck. “I had also raised this concern with Scott in the final weeks,” Stern writes in the email, referring to Trump lawyer Scott Gast, who is also copied on the email.
In the email, Stern again asks for the documents to be returned.
So Trump knew he would be committing a crime if he kept those documents and took them with him when he left the White House. Read more at the WaPo link.
One more before I wrap this up. This new today.
The Justice Department is expected to propose extensive redactions to the affidavit used to obtain a search warrant for Donald Trump’s Florida residence in a bid to shield witnesses from intimidation or retribution if it is made public, officials said.https://t.co/lyVBIytSx3
The Justice Department on Thursday is expected to propose extensive redactions to the affidavit used to obtain a search warrant for former President Donald J. Trump’s Florida residence in an effort to shield witnesses from intimidation or retribution if it is made public, officials said.
Despite a federal judge’s demand that the government submit its request under seal by noon, it is unlikely to lead to the immediate release of the affidavit. In its most complete form, the document would disclose important, and potentially revelatory, details about the government’s justification for taking the extraordinary step of searching Mar-a-Lago on Aug. 8.
The submission by the Justice Department is a significant legal milepost in an investigation that has swiftly emerged as a major threat to Mr. Trump, whose lawyers have offered a confused and at times stumbling response. But it is also an inflection point for Attorney General Merrick B. Garland, who is trying to balance protecting the prosecutorial process by keeping secret details of the investigation, and providing enough information to defend his decision to request a search unlike any other in history….
Last week, Bruce E. Reinhart, a federal magistrate judge in Florida, surprised prosecutors by saying he was inclined to release portions of the affidavit at the request of news organizations, including The New York Times, after the government proposed redactions.
Disclosing even a partial version of the affidavit would be highly unusual: Such documents, which typically include evidence gathered to justify the search, like information provided by witnesses, are almost never unsealed before the government files criminal charges. There is no indication the Justice Department plans to file charges anytime soon.
We should hear more about this later today.
That’s all I have for you today. Have a great Thursday!
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I can’t write a post, because my eyes are very irritated from allergies this morning and it’s difficult for me to see on the computer. It’s frustrating, because today is an important news day. It turns out that Trump had hundreds of highly classied documents squireled away at Mar-a-Lago. Who knows what secrets he gave away to Putin or other foreign enemies?
Please post freely in the comment thread on this and any other topic that interests you. I will check in later on my tablet.
Have a nice Tuesday.
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I’m late today, but the ‘scratch’ part of our title comes from me and the sudden outburst of hives I got yesterday. I’m pretty miserable at the moment, so bear with me. The ‘sniff’ part is the sniff tests coming out of the Mar-a-Lago search warrant. None of the former guy’s excuses pass the sniff test. Politico has some headlines today.
The federal magistrate judge who authorized the warrant to search Donald Trump’s Mar-a-Lago estate emphasized Monday that he “carefully reviewed” the FBI’s sworn evidence before signing off and considers the facts contained in an accompanying affidavit to be “reliable.”
Magistrate Judge Bruce Reinhart offered his assessment in a 13-page order memorializing his decision to consider whether to unseal portions of the affidavit, which describe the evidence the bureau relied on to justify the search of the former president’s home.
Reinhart ruled last week that he would consider unsealing portions of the affidavit after conferring with the Justice Department and determining whether proposed redactions would be sufficient to protect the ongoing criminal investigation connected to the search. But in his order, Reinhart emphasized that he may ultimately agree with prosecutors that any redactions would be so extensive that they would render the document useless.
“I cannot say at this point that partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion after hearing further from the Government,” Reinhart wrote.
Two lawyers Conversing, date not known, Honoré Daumier
The group of congressional leaders charged with reviewing the most sensitive intelligence information has asked the Biden administration for access to the documents seized from former President Donald Trump’s private residence in Florida, according to two people with direct knowledge of the request.
The inquiry from the so-called “Gang of 8” comes as lawmakers from both parties seek to learn more about the unprecedented investigation into the former president. And it suggests that Congress is unwilling to be a bystander in the political and legal fallout following the FBI’s Aug. 8 search of Trump’s Mar-a-Lago estate in Palm Beach, Fla.
It follows a similar request from Senate Intelligence Committee Chair Mark Warner (D-Va.) and Vice Chair Marco Rubio (R-Fla.), who asked the nation’s top intelligence official to draw up an assessment of possible national-security risks related to Trump’s handling of the sensitive documents.
The Gang of 8 includes the top two congressional leaders in each chamber — Senate Majority Leader Chuck Schumer, Senate Minority Leader Mitch McConnell, Speaker Nancy Pelosi and House Minority Leader Kevin McCarthy — as well as the top Democrat and Republican on the House and Senate intelligence committees.
A spokesperson for the Senate Intelligence Committee declined to comment. A representative for the Office of the Director of National Intelligence also declined to comment.
Privately, Capitol Hill aides have expressed frustration about the fact that Congress has learned little about the investigation into the former president, especially since it reportedly involves matters of national security. The executive branch has historically resisted congressional inquiries about ongoing law-enforcement actions, arguing that it could compromise the investigation.
The FBI search warrant unsealed earlier this month revealed that the Justice Department was investigating potential violations of the Espionage Act, the Presidential Records Act and obstruction of justice in relation to Trump’s storage of White House materials at his home.
Dr. Fauci is stepping down from his position by the end of the year. This is from The New York Times.
Dr. Anthony S. Fauci said on Monday that he intended to leave government service in December to “pursue the next chapter” of his career, and that he would step down as President Biden’s top medical adviser and the director of the National Institute of Allergy and Infectious Diseases, which he has led for 38 years.
The announcement by Dr. Fauci, 81, was not entirely unexpected. He has hinted for some time that he was thinking of retiring, saying last month that he would “almost certainly” do so by 2025. In an interview Sunday evening, he said he was “not retiring in the classic sense” but would devote himself to traveling, writing and encouraging young people to enter government service.
“So long as I’m healthy, which I am, and I’m energetic, which I am, and I’m passionate, which I am, I want to do some things outside of the realm of the federal government,” Dr. Fauci said in the interview, adding that he wanted to use his experience and insight into public health and public service to “hopefully inspire the younger generation.”
In a statement on Monday, Mr. Biden thanked Dr. Fauci, whom he called a “dedicated public servant and a steady hand with wisdom and insight.” The two had worked closely together during a global outbreak of the Zika virus when Mr. Biden was vice president.
“Because of Dr. Fauci’s many contributions to public health, lives here in the United States and around the world have been saved,” the president said.
Few scientists have had as large or as long-lasting an impact on public policy. Dr. Fauci joined the National Institutes of Health in 1968, when Lyndon B. Johnson was president; he was appointed the director of its infectious disease branch in 1984, when the AIDS epidemic demanded attention.
Dr. Fauci has advised every president since Ronald Reagan — seven in all — and has been adept at navigating the nexus of science and politics. Among his proudest accomplishments, he said, was his work with President George W. Bush in developing a global program to combat H.I.V./AIDS, known as PEPFAR, which has saved an estimated 21 million lives. Mr. Bush — whose father, George Bush, called Dr. Fauci a hero during a 1988 presidential debate — awarded him the Presidential Medal of Freedom in 2008.
A South Dakota ethics board on Monday said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser license that it could take action against her.
The three retired judges on the Government Accountability Board determined that “appropriate action” could be taken against Noem, though it didn’t specify the action.
The board voted unanimously to invoke procedures calling for a contested case hearing that would give Noem, who has denied wrongdoing, a chance to publicly defend herself against the allegations related to “conflicts of interest” or “malfeasance.”
The retired judges also referred a complaint that Noem flew on state-owned airplanes to political events to the state attorney general’s office for further investigation. That puts the investigation under the oversight of the interim attorney general, Mark Vargo, who was appointed by Noem.
William Frederick Yeames , Defendant and Counsel (1895)
For years, Democrats warned that abortion rights were under grave threat. Across the US, anti-abortion activists in red states chipped away at access and pushed for conservative judges to secure their gains. Yet for many Americans, the prospect of losing the constitutional right to abortion that had existed since 1973 remained worrying but remote.
That all changed in June, when in Dobbs v Jackson, the supreme court overturned Roe v Wade, the 49-year-old ruling which had established the right.
Since then, bans have taken effect in at least 10 states. Republicans are rushing ahead with new restrictions and stirring fears that other rights, including same-sex marriage and access to contraception, could be vulnerable too.
And yet, from rural Minnesota to ruby red Kansas and a conservative corner of Nebraska, there are signs of a brewing backlash that Democrats believe will reshape the battle for control of Congress and statehouses this fall.
Republicans are “the dog that caught the bus”, said Cecile Richards, a former head of Planned Parenthood. “This is what they’ve been wanting for years. Now they own it.”
White House officials, Democratic candidates and party strategists say the loss of reproductive choice has not only galvanized their once-disillusioned base but is strengthening Democrats’ appeal among independent and Republican-leaning women in suburbs who were key to the party’s recent victories.
The landslide vote to protect abortion rights in conservative Kansas earlier this month further emboldened Democrats – and emphasized that Republicans risk overreaching on one of the most emotionally charged issues in American life.
“The world just completely flipped upside down after the Dobbs decision,” said Richards, now co-chair at American Bridge 21st Century, a liberal Super Pac. “We’re no longer defending a right. We now actually have to fight to get a right back.”
A strange, false claim is all over conservative cable TV, right-wing social media and in the halls of Congress, where it’s been repeated by dozens of GOP lawmakers: President Biden is going to hire and arm 87,000 IRS agents to target everyday Americans.https://t.co/1m637XH8pj
A strange, false claim is all over conservative cable TV, right-wing social media and in the halls of Congress, where it’s been repeated by dozens of Republican lawmakers: President Joe Biden, the warning goes, is going to hire and arm 87,000 Internal Revenue Service agents to target everyday Americans.
As the head of the Republican National Committee hyperbolically tweeted recently: “How long until Democrats send the IRS ‘SWAT team’ after your kids’ lemonade stand?”
The tale of how the tale of 87,000 armed agents made it into mainstream political dialogue began last May on the website of Americans for Tax Reform, a conservative advocacy group run by anti-tax fixture, Grover Norquist. And while it was repeated occasionally from then to now, it exploded in recent weeks following relentless efforts by a cross-section of the Republican firmament to promote the false claim on social media, in right-wing broadcasts and in the halls of Congress.
Political discourse is impossible when one Party insists that something baseless is the biggest problem of the century. How do we make this stop?
Meanwhile, John Pavlovitz has this to say about the folks that embrace nothing but Conspiracy Theories.
Every day I see Christians lamenting the “Cancel Culture;” claiming whenever they face accountability for their words or their conduct, or for the policies or politicians they support—that they are being systematically silenced.
This is irony of biblical proportions.
The Evangelical Church in America doesn’t hate cancel culture, it invented it.
Ask LGBTQ human beings, who have been continually bullied into silence by pastors and youth leaders: who are berated and marginalized and excluded from spiritual community if they speak their truest truth or desire to marry the person they love or want to serve in ministry. Ask them how welcome or heard they feel in the Evangelical Church and how much of a presence they have if they want to be both out and included.
Ask women, who in most Conservative denominations are still not allowed to become pastors or to lead Bible Studies in mixed gender classes; who are still theologically treated as less-than and expected to be silent and submissive, relegated to the kitchen and the bedroom. Ask them how their claims of sexual abuse or domestic violence have been received and how much of a voice they have if they question authority or seek opportunity.
Ask people of color, whose most passionate opposition to equality still comes from white Evangelicals; people who daily face discrimination from a religious entity that is steeped in white supremacy and whose cries for justice in the face of unspeakable brutality by law enforcement are greeted with sustained resistance.
There’s a pretty long list but I’d say these folks canceled The Beatitudes along with a list of other things they should embrace if they are who they say they are.
So, I’m going to go lather up in more anti-itch cream. Y’all have a great start to the week!
What’s on your reading and blogging list today?
and is “justice” “just ice”?
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“Organ cat, prayer book, Bruges or Ghent c. 1480-1490 (Baltimore, Walters Art Museum
Happy Caturday!!
It has been another busy news week, and today there are some stories that follow up on recent news and others that look further back in time. As we move closer to the midterm elections, things are looking better for Democrats to keep control of the Senate. Of course the fallout continues from the FBI search of Mar-a-Lago. The judge in the case released more information on the search warrant, and there could be more coming. A court has ordered the DOJ to release a memo related to the Mueller investigation that Bill Barr refused to make public. A Michigan judge made an important decision on abortion laws in the state. Finally, the NYT published a fascinating op-ed by two law professors who argue that the U.S. Constitution is “broken.”
On Thursday, Senate GOP Leader Mitch McConnell (R-KY) seemed to admit that the Grand Old Party doesn’t have the highest quality roster of candidates.
“I think there’s probably a greater likelihood the House flips than the Senate,” McConnell said. “Senate races are just different, they’re statewide, candidate quality has a lot to do with the outcome.”
Writing in Vanity Fair, Eric Lutz reported, “He didn’t mention any of those candidates directly, but he almost certainly could have been talking about any of Donald Trump’s handpicked contenders, who earned the former president’s support seemingly for one of two reasons: He knows them from television, or they’re loyalists who have organized their campaigns almost entirely around his 2020 election lies. There’s a lot of crossover there, obviously, but the first camp includes Mehmet Oz, a former TV doctor who apparently believes raw asparagus belongs in a crudité, and Herschel Walker, the former football great whose own campaign staff reportedly regards him as a ‘pathological liar.’” [….]
“Then there’s the second camp of MAGA candidates, which includes the likes of Blake Masters, the Peter Thiel protégé who literally has the backing of some of the Internet’s most well-known white nationalists. (Masters has attempted to distance himself from this community.) One of several extremists on the ballot in Arizona, where election deniers Kari Lake and Mark Finchem are respectively running for governor and secretary of state, Masters is trailing Democrat Mark Kelly by eight points, according to a Fox News poll released this week,” Lutz reported. “None of this to say to say that these bumbling extremists can’t win; if a country is capable of electing Trump president, Georgia is certainly capable of electing a guy like Walker. But McConnell’s apparent sense that this batch of bozos might dash GOP dreams of a Senate majority may be well-founded, even if midterms tend to favor the party that doesn’t control the White House.”
Republican Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash — leading some campaign advisers to ask where all the money went and todemand an audit of the committee’s finances, according to Republican strategists involved in the discussions.
In a highly unusual move, the National Republican Senatorial Committee this week canceled bookings worth about $10 million, including in the critical states of Pennsylvania, Wisconsin and Arizona. A spokesman said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.
“The fact that they canceled these reservations was a huge problem — you can’t get them back,” said one Senate Republican strategist, who like others spokes on the condition of anonymity to discuss internal matters. “You can’t win elections if you don’t have money to run ads.”
The NRSC’s retreat came after months of touting record fundraising, topping $173 million so far this election cycle, according to Federal Election Commission disclosures. But the committee has burned through nearly all of it, with the NRSC’s cash on hand dwindling to $28.4 million by the end of June.
As of that month, the committee disclosed spending just $23 million on ads, with more than $21 million going into text messages and more than $12 million to American Express credit cardpayments, whose ultimate purpose isn’t clear from the filings. The committee also spent at least $13 million on consultants, $9 million on debt payments and more than $7.9 million renting mailing lists, campaign finance data show.
Former President Donald Trump has offered a shifting array of defenses in response to the August 8 FBI search of his Mar-a-Lago resort in Florida, which uncovered a trove of secret documents.
Among them is the claim that he declassified all of the documents while in office under the president’s sweeping powers over national secrets.
But procedural documents unsealed Thursday by federal judge Bruce Reinhart, including the cover sheet of the warrant used in the search, revealed that this defense may not be as effective as Trump hoped, legal experts say.
One implication of the new information is that even if Trump is right about the documents being declassified, he still could have broken the law, Lawrence Tribe, a Harvard constitutional law scholar, tweeted….
[The cover sheet] showed that the FBI believes that Trump may be guilty of the willful retention of national defense information, concealment or removal of government records, and obstruction of federal investigation.
Bradley P. Moss, a national security attorney, told Insider that the new documents “clarify but ultimately do not change much” of what we previously knew.
A striking detail, he said, is that the FBI believes Trump has obstructed its probe.
“Clearly, the FBI currently believes Mr. Trump not only took properly marked classified documents to Mar-a-Lago, but he kept them and resisted turning them over when confronted by the government,” Moss said.
The day after federal agents searched Mar-a-Lago, former President Donald Trump told a group of conservative lawmakers that “being president was hell,” according to three people at the meeting.
But to some he sounded ready to have the job again.
“He was not to be deterred,” said Rep. Randy Weber of Texas, one of a dozen Republican House members who met with Trump on Aug. 9. He described Trump’s state of mind in the immediate aftermath of the search as “pretty miffed, but measured.”
Everything that’s occurred since that Bedminster, New Jersey, meeting — and since federal agents seized a trove of top secret and other highly classified documents from his resort — has put Trump exactly where he and his supporters want him to be, according to people close to him. He’s in a fight, squaring off with Washington institutions and a political establishment he says are out to get him, issues he brought up in the meeting with the lawmakers and in conversations with others.
Taken together, it’s reoriented Trump’s thinking about whether he should announce a presidential campaign before or after the midterm elections, according to those who have spoken with him over the past two weeks. They said Trump feels less pressure to announce early because viable challengers who might otherwise force his hand have faded into the background. But there are other reasons to wait.
Trump is now inclined to launch his candidacy after the November elections, in part to avoid blame should an early announcement undermine the GOP’s effort to win control of Congress, said one person close to him, speaking on condition of anonymity to talk more freely.A post-midterm announcement would suit Republican leaders who’ve been urging Trump to hold off so that he doesn’t overshadow the party’s candidates.Michael Caputo, a former Trump campaign and administration official, described Trump’s attitude in recent days after speaking with him, as “business as usual.”
Business as usual for Trump: the possibility of multiple criminal charges and crappy lawyers who have no clue how to defend a criminal.
Judge orders release of Bill Barr’s memo protecting Trump
A federal appeals court has ordered the release of a secret Justice Department memo discussing whether President Donald Trump obstructed the investigation into Russian interference in the 2016 election.
The unanimous panel decision issued Friday echoes that of a lower court judge, Amy Berman Jackson, who last year accused the Justice Department of dishonesty in its justifications for keeping the memo hidden.
The panel of three judges, led by Chief Judge Sri Srinivasan, said that whether or not there was “bad faith,” the government “created a misimpression” and could not stop release under the Freedom of Information Act.
The memo was written by two senior Justice Department officials for then-attorney general William P. Barr, who subsequently told Congress that there was not enough evidence to charge Trump with obstruction of special counsel Robert S. Mueller III’s inquiry. A redacted version was released last year but left under seal the legal and factual analysis.
Department officials argued that the document was protected because it involved internal deliberations over a prosecutorial decision. But the judges agreed with Jackson that both Mueller and Barr had clearly already concluded that a sitting president could not be charged with a crime. The discussion was over how Barr would publicly characterize the obstruction evidence Mueller had assembled, the Justice Department conceded on appeal.
A federal appeals court ruled Friday that the Justice Department must make public an internal memo senior lawyers there prepared in 2019 about whether then-President Donald Trump’s actions investigated in special counsel Robert Mueller’s probe of ties between the 2016 Trump campaign and Russia amounted to crimes prosecutors would ordinarily charge.
The D.C. Circuit Court of Appeals said the Justice Department failed to meet its legal burden to show that the memo from the department’s Office of Legal Counsel was part of a genuine deliberative process advising then-Attorney General William Barr on how to handle sensitive issues left unresolved when Mueller’s probe concluded in March 2019.
Trump was never charged in Mueller’s probe and the special prosecutor’s final report declined to opine on whether what he did in response to the investigation amounted to a crime.
However, some Trump opponents have called on the Attorney General Merrick Garland to reconsider the issue now that Trump is no longer president. Release of the long-sought DOJ memo could fuel those calls and draw more unwanted attention to Trump’s potential criminal liability at a time when he is besieged by a slew of other legal woes relating to his handling of classified government records, his role in inspiring many of those involved in the Jan. 6 attack on the Capitol and his broader efforts to overturn Joe Biden’s win in the 2020 presidential election.
A Michigan judge ruled Friday prosecutors in the state’s largest counties are barred from bringing criminal charges for months to come under a state law banning most abortions.
The decision from Oakland County Circuit Court Judge Jacob Cunningham comes after two days of hearings and means every county in Michigan with an abortion clinic is at least temporarily immune from the threat of criminal prosecutions over abortion procedures.
“As currently applied, the court finds (the abortion law) is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” Cunningham said.
“The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”
At times, Cunningham seemed to ridicule arguments from conservative prosecutors seeking to enforce the 1931 abortion law. He said prosecutors would suffer zero harm from not having the ability to prosecute abortion providers.
Going much further, he told these prosecutors to instead focus their efforts elsewhere.
“The court suggests county prosecutors focus their attention and resources … to investigation and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty and other violent and horrific crimes that we see in our society,” Cunningham said.
Is the Constitution broken?
Ryan D. Doerfler and Samuel Moyn, law professors from Harvard and Yale respectively, published this guest essay at The New York Times: The Constitution Is Broken and Should Not Be Reclaimed. You’ll need to go to the NYT link if you’re interested, because it’s very long. The main idea is that the Constitution is dated and favors conservatives; liberals need to change their thinking about “constitutionalism.”
When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the Constitution wrong. But struggling over the Constitution has proved a dead end. The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.
The idea of constitutionalism is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day. Our Constitution’s guarantee of two senators to each state is an example. And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed, national constitutions have been associated with some set of basic freedoms and values that transient majorities might otherwise trample.
But constitutions — especially the broken one we have now — inevitably orient us to the past and misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now. This aids the right, which insists on sticking with what it claims to be the original meaning of the past.
Arming for war over the Constitution concedes in advance that the left must translate its politics into something consistent with the past. But liberals have been attempting to reclaim the Constitution for 50 years — with agonizingly little to show for it. It’s time for them to radically alter the basic rules of the game.
In making calls to regain ownership of our founding charter, progressives have disagreed about strategy and tactics more than about this crucial goal. Proposals to increase the number of justices, strip the Supreme Court’s jurisdiction to invalidate federal law or otherwise soften the blow of judicial review frequently come together with the assurance that the problem is not the Constitution; only the Supreme Court’s hijacking of it is. And even when progressives concede that the Constitution is at the root of our situation, typically the call is for some new constitutionalism.
If that whets your appetite for me, click the link and read the rest.
Those are today’s main political stories as I see it. Maybe we’ll have some time to take a breath before more shocking news breaks. I can use a quite weekend and I wish you the same.
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Louisiana Attorney General Jeff Landry (R) successfully urged the Louisiana Bond Commission on Thursday to delay a $39 million future line of credit for the New Orleans Sewerage & Water Board–which the city needs for its flood response–until city officials agree to enforce the state’s abortion ban. The move comes right at the start of hurricane season, on the same day New Orleans has issued a flood advisory.
The financing that’s being held hostage would, specifically, be used to build a power station for the Sewerage & Water Board to help combat flooding. Melinda Deslatte, a research director at Public Affairs Research Council of Louisiana, live-tweeted today’s meeting, in which Republican politicians decided to punish New Orleans, a Democratic stronghold in the state, for defending abortion rights in the wake of a near-total ban. (Officials in New Orleans, including even the police, have vowed not to enforce the state’s new ban, which has already pushed out all three of its abortion clinics.)
Read more about the impact on the City at the link. Here’s more from investigative reporter Sam Karlin living in the city. The NOPD will not make arrests but now say they will investigate.
City councilmember JP Morrell reacts to our story on NOPD's policy that requires officers to investigate abortions, even if they don't make arrests. https://t.co/A5d7ofQCxg
We currently have a police shortage typical of many big cities these days. Why put our police to work on this ridiculousness and make a big deal of it? Landry seeks to replace John Bel Edwards as Louisiana’s governor next year. Will Louisiana’s three big cities that lost their abortion clinics and the surrounding areas come out to ensure he doesn’t get into the position to Desantis/Abbott our state into White Christian Nationalism? Stay tuned.
Meanwhile, a shocking story presented on MSNBC by Alex Wagner shows that “DeSantis imposes extreme culture war framing on nuanced U.S. civics.” This includes downplaying the role of slavery in the country, promoting Scalia and his strict views on originalism, showing that slave-owning founders didn’t like slavery with no citations to the quotes, and promoting the idea that the founders really wanted a country that was essentially a Christian state with no separation between that religion and the state. It even includes a cartoon of the idea of a porous and fluid fence rather than a wall. This is all wrapped up in a seminar aimed at getting Florida’s educators to join in clearly White Christian Patriarchal Nationalism propagandizing.
Please watch and see the appalling materials as a young Florida Civics Teacher reveals the material and its shortcomings. A discussion with Professor Jelanie Cobb follows.
Florida Gov. Ron DeSantis announced the first arrests made by the state’s new elections police force Thursday: Twenty people previously incarcerated for murder or sexual assault who he said had illegally voted in the 2020 election.
The GOP-led Florida legislature passed a bill creating the Office of Election Crimes and Security earlier this year at DeSantis’s behest. While the 2020 election went smoothly in Florida — DeSantis called it the “gold standard” for elections — the governor has said there are still issues and conservative lawmakers have sought to further tighten voting regulations.
The governor — widely considered a potential 2024 presidential candidate — heralded the arrests, saying the unit had “sprung into action to hold individuals accountable for voter fraud.” DeSantis said they had been arrested for violating the rules of a constitutional amendment passed by Florida voters in 2018 that allows formerly incarcerated people to register to vote — except for those who committed felony sexual assault or murder.
“This is just the opening salvo,” DeSantis said. “This is not the sum total of 2020.”
But voting groups and experts said that if anything the initial arrests indicate Florida’s election system is robust and crimes rare. Some expressed concern that the new unit could have a chilling effect, particularly on vulnerable groups of voters, such as formerly incarcerated people who are legally entitled to vote.
“It’s 20 people out of millions of voters,” Michael McDonald, an expert on voting and a professor of political science at the University of Florida. “These arrests are inconsequential to the integrity of the electoral system.”
DeSantis made the announcement flanked by law enforcement officers in Broward County, which has the most registered Democrats of any county in Florida. The arrests came about six weeks after the office opened and five days before the state’s primary election.
A federal judge has suspended partial enforcement of Florida’s “Stop WOKE Act,” a bill that Republican Gov. Ron DeSantis endorsed that restricts how companies and schools discuss race.
DeSantis signed the bill into law in April. It would limit race-based teachings in schools, and the way that private companies carry out mandatory diversity, equity, and inclusion trainings. Companies that have 15 employees or more could face civil lawsuits if someone accuses them of violating the law.
In his opinion, Chief US District Judge Mark Walker blocked the employer portion of the law, saying it violated free speech. He compared the law to Netflix’s blockbuster science-fiction hit, “Stranger Things.”
“In the popular television series Stranger Things, the ‘upside down’ describes a parallel dimension containing a distorted version of our world,” Walker, a nominee of then-President Barack Obama, wrote in his opinion. “Recently, Florida has seemed like a First Amendment upside down.”
“Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” Walker continued. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”
The governor’s press office told Insider on Friday that it planned to appeal the decision.
“Judge Walker has effectively ruled that companies have a first amendment right to instruct their employees in white supremacy,” said communications director Taryn Fenske. “We disagree and will be appealing his decision.”
The law targeted what many Republicans call “critical race theory.” Formally, critical race theory examines racism in US institutions stemming from slavery and the Jim Crow era. Democrats have argued it’s mostly taught in law schools, and defenders of DEI trainings say it’s necessary to prevent implicit bias, discrimination, and racism.
Gustav Klimt – Hope, II, 1907′
Ladies and gentlemen, this is your future Orwellian Republican State!
The bad news for Never Trump Republicans this week wasn’t just that Liz Cheney lost the primary for her Wyoming congressional seat on Tuesday. It wasn’t even that she lost by such an overwhelming margin. It was that her loss fit a pattern in which the GOP’s voters have roundly rejected Republican after Republican who voted to impeach Trump. Only two of the 10 House Republicans who did so will even be on the ballot in November — one of whom is running in a district that Joe Biden won by more than 10 percentage points in 2020.
It’s clear at this point that the Republican Party is a pro-Trump party, and that its voters recoil from candidates who are ardently opposed to the former president. The results of this primary season — and Cheney’s loss in particular — show a Never Trump wing on the verge of extinction.
Cheney’s loss follows those this year of Reps. Peter Meijer of Michigan, Jaime Herrera Beutler of Washington, and Tom Rice of South Carolina, among those Republicans who voted to impeach Trump. Another four Republican House members who voted to impeach — Adam Kinzinger of Illinois, Anthony Gonzalez of Ohio, John Katko of New York, and Fred Upton of Michigan — opted against even running for reelection.
This continues a trend within the GOP since Trump took office, as Republican critics like Sens. Bob Corker of Tennessee and Jeff Flake of Arizona have opted not to seek reelection, while others, like Rep. Mark Sanford of South Carolina, lost their primaries.
“I’m unaware of any Republican primary where the organizing principle that Trump is a bad guy was ever successful,” Rep. Matt Gaetz (R-FL), a close Trump ally in Congress who had been campaigning against Cheney since days after her impeachment vote, told Vox. “Republicans might have squeaked through who were not pro-Trump, but those candidates had some other organizing principle. Liz Cheney didn’t, and that’s why she lost so badly.”
Even an ardent Never Trumper like Tim Miller, a former top Republican operative and author of a recent New York Times bestseller, Why We Did It, conceded that Trump won the battle for the soul of the GOP. “A lot of people misunderstand what is happening in this moment and think the Republican Party might somehow go back to being the party of Liz Cheney and Paul Ryan,” Miller said. “It’s never going back — at least not any time on the horizon.”
By Wednesday, Eric Trump was bragging about his father as one of the all-time great political assassins. “Last night, my father killed another political dynasty, and that’s the Cheneys,” he told the Newsmax host Eric Bolling. “He first killed the Bushes, then he killed the Clintons. Last night, he killed the Cheneys. He’s been rino hunting ever since he got into politics, and last night he was successful again.” Trump’s story, as narrated by his son, is that of a political axe murderer—a grim reaper of the “Republican in Name Only” establishment. In the Trump lexicon, “killer” is a compliment. Donald Trump himself has bragged about this, explaining that the term constituted high praise from his ruthless father, Fred, who taught him to be one.
The family must be so proud. Trump has zealously stuck to the paternal creed. From the start, he has been an almost uniquely destructive force in American politics, a leader not only willing to blow anything up that stands in his path but one who glories in the act. The result has been a Republican Party transformed almost entirely into Trump’s Republican Party. Nearly all of those who stood against him have been purged or defeated or have cravenly renounced their previous views. “She may have been fighting for principles,” Taylor Budowich, a Trump spokesperson, said, after Cheney’s loss, “but they are not the principles of the Republican Party.” Which is as close to an inarguably true statement as has ever been issued by the Mar-a-Lago government in exile. The Republican Party’s ideology these days is simply whatever-Trump-wants-ism, as it made clear when it did not even bother to issue a new policy platform at its 2020 convention, settling instead for a simple resolution saying that it was for Trump. Being a classy winner, though, is clearly not part of the emerging party doctrine. After the Wyoming results came in, Budowich posted to Twitter a video compilation of Trump dancing, set to the tune of “na, na, na, na, hey, hey, hey, goodbye,” along with the message “Bye bye, @Liz_Cheney.”
The results of this midterm season so far have shown how nearly complete Trump’s Republican triumph already is. Dozens of election deniers who have adopted the former President’s lies about his 2020 election loss have won Republican nominations, up and down the ballot. Only two of the ten House Republicans who voted to impeach Trump for his role in the January 6th insurrection are still in the running to remain in Congress. And, of course, polls show that Trump himself remains a strong front-runner for the Republican nomination in 2024. The headlines after Tuesday’s voting would have been inconceivable in the immediate aftermath of his failed effort to hold onto power: “Trump’s dominance in GOP comes into focus,” the Washington Post said. “Cheney’s Wyoming defeat is a win for Trump and a decisive blow to fading GOP establishment,” the Los Angeles Times declared. “Cheney’s defeat end of an era for GOP; Trump’s party now,” the Associated Press said. So why are Trump’s opponents—at least some of them—feeling in any way optimistic?
But, over the summer, a new school of what might be called “Trumptimism” has taken hold among some Democratic strategists and independent analysts. In the mess of our current politics, they discern a case for optimism—history-defying, experience-flouting optimism that maybe things won’t work out so badly after all in November. “In the age of Trump, nothing is normal,” Simon Rosenberg, the president of the liberal think tank the New Democrat Network and a veteran strategist, told me, on Thursday. “Nothing is following traditional physics and rules, so why would this midterm?”
Follow the link to read the rationale behind the assertion. Meanwhile, the Republican with the most fluid values ever discourages Liz Cheney from running for President. “What Mitt Romney says about Liz Cheney possibly running for president”. If this man ever had a hope to make any of us sorry he couldn’t hold any higher office he’s blown it now.
As Rep. Liz Cheney contemplates her next move after losing the Republican primary in Wyoming this week, Utah Sen. Mitt Romney says he wouldn’t encourage her to run for president.
“I’m not going to encourage anyone to run for president. I’ve done that myself, and that’s something I’m not doing again. I don’t know if she really wants to do that. She would not become the nominee if she were to run. I can’t imagine that would occur,” Romney told the Deseret News on Thursday.
Cheney, he said, might run for other purposes but “I’m not in collaboration with that effort.”
Remember, this is from the man that put his dog on the top of his car while driving fast. He’s all in it for the convenience.
On Thursday, September 15, President Biden will host at the White House the United We Stand Summit to counter the corrosive effects of hate-fueled violence on our democracy and public safety, highlight the response of the Biden-Harris Administration and communities nationwide to these dangers, and put forward a shared vision for a more united America.
President Biden decided to run for president after the horror of the hate-fueled violence that erupted in Charlottesville, Virginia, in 2017. Since taking office, his Administration has consistently taken steps to counter hate-motivated violence — from signing the bipartisan COVID-19 Hate Crimes Act, to releasing the first-ever National Strategy for Countering Domestic Terrorism, to signing the Bipartisan Safer Communities Act, the most significant legislation in three decades to reduce gun violence.
Even as our nation has endured a disturbing series of hate-fueled attacks, from Oak Creek to Pittsburgh, from El Paso to Poway, from Atlanta to Buffalo, Americans remain overwhelmingly united in their opposition to such violence. The United We Stand Summit will bring together heroes from across America who are leading historic work in their communities to build bridges and address hate and division, including survivors of hate-fueled violence. The summit will include a bipartisan group of federal, state, and local officials, civil rights groups, faith and community leaders, technology and business leaders, law enforcement officials, former members of violent hate groups who now work to prevent violence, gun violence prevention leaders, media representatives, and cultural figures. It will feature a keynote speech from President Biden as well as inclusive, bipartisan panels and conversations on countering hate-fueled violence, preventing radicalization and mobilization to violence, and fostering unity.
As President Biden said in Buffalo after the horrific mass shooting earlier this year, in the battle for the soul of our nation “we must all enlist in this great cause of America.” The United We Stand Summit will present an important opportunity for Americans of all races, religions, regions, political affiliations, and walks of life to take up that cause together.
Is this possible given that the states that have more wildlife and vacant land still control entire states and send 2 senators to the District? Will, this 30% that includes Racists, Gun Toting Militias, White Christian Militias, Incels, and folks that hate independent women and the GLBT community really coming around to uniting with the rest of us?
Thank you @potus for your leadership in combating the threat of extremist violence, including violence targeting our LGBTQ+ community. The United We Stand summit is one important step toward improving the federal government's response to these threats.https://t.co/ZIxpU5OSTw
This is from the HRC link above. It’s from The Washington Post.
Biden will deliver a keynote speech at the gathering, which the White House says will include civil rights groups, faith leaders, business executives, law enforcement, gun violence prevention advocates, former members of violent hate groups, the victims of extremist violence and cultural figures. The White House emphasized that it also intends to bring together Democrats and Republicans, as well as political leaders on the federal, state and local levels to unite against hate-motivated violence.
Biden, a Democrat, has frequently cited 2017’s white supremacist protest in Charlottesville, Virginia, with bringing him out of political retirement to challenge then-President Donald Trump in 2020. He promised during that campaign to work to bridge political and social divides and to promote national unity, but fulfilling that cause remains a work in progress.
Sindy Benavides, the CEO of League of United Latin American Citizens, said the genesis of the summit came after the Buffalo massacre, as her organization along with the Anti-Defamation League, the National Action Network and other groups wanted to press the Biden administration to more directly tackle extremist threats.
But how do we solve a problem like Greg Abbott, Marjorie Taylor Green, Ron DeSantis, Jeff Landry, Steve Scalise, Jim Jordan, and all the the other Trump Zombies?
Vote them out if we can! I’m not sure his voters can be shamed into embracing the American Dream ever again.
What’s on your reading and blogging list today?
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
In a highly unusual move, the National Republican Senatorial Committee this week canceled bookings worth about $10 million, including in the critical states of Pennsylvania, Wisconsin and Arizona. A spokesman said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.
[The cover sheet] showed that the FBI believes that Trump may be guilty of the willful retention of national defense information, concealment or removal of government records, and obstruction of federal investigation.
Taken together, it’s reoriented Trump’s thinking about whether he should announce a presidential campaign before or after the midterm elections, according to those who have spoken with him over the past two weeks. They said Trump feels less pressure to announce early because viable challengers who might otherwise force his hand have faded into the background. But there are other reasons to wait.
A bit more from Politico: 
“The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”
But constitutions — especially the 
But how do we solve a problem like Greg Abbott, Marjorie Taylor Green, Ron DeSantis, Jeff Landry, Steve Scalise, Jim Jordan, and all the the other Trump Zombies?
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