A revolt or an incitement to revolt against established authority,
usually in the form of Treason or Defamation against government.
This is the description of acts that fall under the area of sedition under the US Constitution and law.
Sedition is the crime of revolting or inciting revolt against government. However, because of the broad protection of free speech under the First Amendment, prosecutions for sedition are rare.
Nevertheless, sedition remains a crime in the United States under 18 U.S.C.A. § 2384 (2000), a federal statute that punishes seditious conspiracy, and 18 U.S.C.A. § 2385 (2000), which outlaws advocating the overthrow of the federal government by force.
Generally, a person may be punished for sedition only when he or she makes statements that create a Clear and Present Danger to rights that the government may lawfully protect (schenck v. united states, 249 U.S. 47, 39 S. Ct. 247, 63 L. Ed. 470 [1919]).
The crime of seditious conspiracy is committed when two or more persons in any state or U.S. territory conspire to levy war against the U.S. government. A person commits the crime of advocating the violent overthrow of the federal government when she willfully advocates or teaches the overthrow of the government by force, publishes material that advocates the overthrow of the government by force, or organizes persons to overthrow the government by force. A person found guilty of seditious conspiracy or advocating the overthrow of the government may be fined and sentenced to up to 20 years in prison. States also maintain laws that punish similar advocacy and conspiracy against the state government.
And with that, lets’ start our reads with The New Yorker‘s Susan B Glasser. “It’s Not Just Trump’s War on Democracy Anymore. Republicans have gone far beyond merely humoring their losing leader.” They have gone way way to far. It now is taking the tone of sedition. I’m continuing some of the news BB shared with us yesterday. You may read her post yesterday for some more background as we see more news and analysis breaking today.
We know see exactly how many representatives in the US Congress want to overturn the election and who they are. This is beginning to look a lot more like an attempt to overthrow our legitimate government. The first appeal to the Supreme Court to throw out the votes of certain states was rebuffed soundly on Tuesday. The “safe harbor” date will come on December 14. And then this happened on Wednesday.
Undaunted, in the space of a few hours on Wednesday, Trump had his campaign join an even more far-fetched lawsuit, by Texas, asking the Court to throw out millions of votes in battleground states that decided the election’s outcome—Georgia, Michigan, Pennsylvania, and Wisconsin—all of which have already certified their results. A few hours after this news, Hunter Biden, the son of the man who did win the election, announced that Trump’s appointee as U.S. Attorney for Delaware had opened a federal criminal investigation of his tax dealings. Here, too, you could say it was all just a predictable mess. Trump has been obsessed with Hunter Biden for years; he pushed Ukraine to launch a politically harmful investigation of Biden so hard that he got impeached over it. So why wouldn’t the President join the Texas case, even though it is, as the election lawyer Rick Hasen put it, more press release than legal argument? Trump certainly has never minded losing in court.
What came as a gut punch, though, and still, even after all this time, a real surprise to me, was the announcement that seventeen other states—or at least their attorneys general—had filed a brief supporting the spurious Texas lawsuit, representing, from South Carolina to Utah, an array of pro-Trump red states. Eighteen states, in other words, are making the preposterous—and democratically devastating—argument that the Supreme Court should throw out other states’ votes because they do not like the results. So much for federalism and states’ rights and all those other previously cherished Republican principles. Up on Capitol Hill, meanwhile, a hundred and six House Republicans filed an amicus brief of their own supporting the Texas lawsuit. Some of these same Trump supporters in Congress are also now considering objecting to the Electoral College results when they are presented to the House, on January 6th, in what is meant to be a purely pro-forma procedural move. Mitt Romney dismissed the idea as “madness,” but he remains a lonely public voice against Trump, as his fellow-Republicans either fall in line or remain inexcusably silent. This has gone far beyond just humoring Trump for a few days.
In its response to the Texas case, filed Thursday afternoon, Pennsylvania called the lawsuit’s claims “moot, meritless, and dangerous,” and said that its Trump-inspired assault on results in states where Biden won amounts to a “seditious abuse of the judicial process.” The Supreme Court, Pennsylvania argued, should not only reject the Texas case but in so doing “send a clear and unmistakable signal that such abuse must never be replicated.”
NEW: We've responded in TX vs. PA, GA, MI, WI.
Texas has not suffered harm because it dislikes the result of the election. Nothing in the Constitution supports Texas' view that it can dictate how four other states run their elections.
The odds of the Texas election lawsuit prevailing in the Supreme Court might not be less than one in a quadrillion, but they are extremely remote — and should be.
Texas is asking the Supreme Court to invalidate the presidential election in four battleground states won by Joe Biden because, it argues, election procedures in those states violated the Constitution, and the resulting irregularities impermissibly diluted the votes of Texans.
To call this far-fetched is an understatement — it is the Kraken of constitutional law.
Texas has no standing to challenge the election procedures in Pennsylvania, Wisconsin, Michigan, and Georgia, and the Supreme Court doesn’t have the authority to order new elections in those states or bar electors from those states from voting in the Electoral College. The case was brought by Texas because the Supreme Court is required to hear all lawsuits brought by a state against other states, but it retains the power to dismiss those suits out of hand if the case is not one that a state legally can bring. If there were any prior case that lent credibility to these outlandish claims, Texas would have cited it.
We apologize to our readers for endorsing Michael Waltz in the 2020 general election for Congress.
We had no idea, had no way of knowing at the time, that Waltz was not committed to democracy.
During our endorsement interview with the incumbent congressman, we didn’t think to ask, “Would you support an effort to throw out the votes of tens of millions of Americans in four states in order to overturn a presidential election and hand it to the person who lost, Donald Trump?”
Our bad.
No kidding.
Here’s the Amicus Brief where you can see who in your state is trying to start a second civil war. You can also read more on this crap about the 106 Republican Congress Critters here at CBS. I’d just like to apologize from the sane people living in Louisiana for the crazy district that voted whackado Mike Johnson who appears to have been a leader in the act of sedition.
Congressman Mike Johnson, a Republican from Louisiana, circulated an email, obtained by CBS News, from his personal account to GOP members Wednesday that asked them to join a friend-of-the-court brief to be filed in support of the effort spearheaded by Texas Attorney General Ken Paxton. Johnson was a vocal defender of Mr. Trump during impeachment proceedings.
“The simple objective of our brief is to affirm for the court (and our constituents back home) our serious concerns with the integrity of our election system,” Johnson wrote. “We are not seeking to independently litigate the particular allegations of fraud in our brief (this is not our place as amici). We will merely state our belief that the broad scope of the various allegations and irregularities in the subject states merits careful, timely review by the Supreme Court.”
Attorney General Dave Yost on Thursday filed a legal brief with the U.S. Supreme Court opposing a Texas lawsuit’s goal to effectively delay the Electoral College from voting Joe Biden the next U.S. president.
Yost, a Columbus Republican, stated in the brief that the Supreme Court lacks authority to order state legislatures in Georgia, Michigan, Pennsylvania and Wisconsin to appoint presidential electors. Texas Attorney General Ken Paxton’s lawsuit argues such a move is needed because coronavirus-related changes to election rules in those states opened the door to voter fraud (claims of which have so far been unsubstantiated).
“The relief that Texas seeks would undermine a foundational premise of our federalist system: the idea that the States are sovereigns, free to govern themselves,” Yost stated in the brief, adding later: “The courts have no more business ordering the People’s representatives how to choose electors than they do ordering the People themselves how to choose their dinners.
From David Cohen at the Rolling Stone: “Trump’s ‘Big’ Texas Supreme Court Lawsuit Is Just as Fake as All the Others. Don’t be fooled because the case was filed in the Supreme Court. It’s going nowhere — and Trump is still on his way out of the White House”
Trump’s latest ridiculous attempt to thwart the will of the American electorate comes in the form of a Texas lawsuit filed Tuesday morning. In the lawsuit, Texas is suing the states of Pennsylvania, Michigan, Wisconsin, and Georgia, alleging election officials in each of those states failed to follow their state laws during the election by making it easier for people to vote absentee, early, and/or by mail, and thus — according to Texas — making it easier for voter fraud. The remedy the suit seeks is to throw out the results of all four states. Of course, all four states voted for Biden.
This lawsuit is peculiar because Texas filed it directly in the Supreme Court. Almost all Supreme Court cases start in the lower courts and take their time to work their way up to the Supreme Court. However, the Constitution allows for a small sliver of cases to be filed directly in the Supreme Court. One such category is suits “in which a state shall be a party.” And federal statute says cases between two or more states must be filed in the Supreme Court. Texas is suing four other states; thus, Texas had to file in the Supreme Court.
But just because this is the type of case that must be filed directly in the Supreme Court doesn’t mean that the court will actually hear the case. The court has discretion to hear these types of cases directly or to send them to the lower courts for development before it gets to the supremes.
Commentators all over the political spectrum agree that there is no way the Supreme Court will touch this case. Take your pick among the almost endless reasons why: There is no legal basis for one state to complain about the election procedures of another state. There is no constitutional requirement that states have similar voting rules or procedures. The justices, even the extreme conservatives appointed by Trump, will not want to interfere with an election that wasn’t that close. And, possibly most important, the justices will have no interest in overturning the votes of millions of people and thereby anointing themselves the final decision-makers in presidential elections. There is just no world in which this lawsuit succeeds, as it is completely frivolous.
Nonetheless, Trump has labeled this case “the big one” and filed a motion yesterday to intervene. In plain English, that means he wants to join Texas as a party in the case because he has a stake in its outcome. Other politicians are clamoring to get on board. Texas Sen. Ted Cruz, eager to show his boundless loyalty to the man he has called “utterly amoral,” a “serial philanderer,” a “narcissist at a level I don’t think this country’s ever seen,” and a “pathological liar,” has offered to argue the case in the Supreme Court. And 18 states filed a brief yesterday supporting this lawsuit.
Biden and Harris share a faith that empathetic governance can restore the solidarity we’ve lost. Biden told TIME he has lately been reading about Franklin D. Roosevelt’s first 100 days, when FDR worked to pull the nation out of the Great Depression, a feat that helped restore confidence in democracy. “We’re the only country in the world that has come out of every crisis stronger than we went into the crisis,” he insists. “I predict we will come out of this crisis stronger than when we went in.” Their challenge is, above all, not about any one policy, proposal or piece of legislation. It is convincing America that a future exists, for all of us, together. It is nothing less than reconciling America with itself.
We’re still counting down the days until January 20. Our nation is still being held hostage to the malign intent of Trump and his cronies for 39 days.
Come on we can do this! We can pull through all of this together. We have a country to rebuild! We also have to do as much as we can to get those Georgia Senatorial seats which both have been declared too close to call if you believe FiveThirtyEight.
Hang in there! Be safe!
What’s on your reading and blogging list today?
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Vincent van Gogh, Winter scene with Arles in the background
Good Morning!!
I don’t even know how to think or write about what Trump is doing right now. He has somehow convince 17 state attorney generals to join a stupid lawsuit that asks the Supreme Court to overturn the 2020 election. The man behind the suit is Texas AG Ken Paxton, who is currently under investigation by the FBI.
On Tuesday morning, Texas Attorney General Ken Paxton asked the Supreme Court to effectively declare Donald Trump the winner of the 2020 election. Paxton’s lawsuit falsely accuses Georgia, Michigan, Pennsylvania, and Wisconsin of counting invalid votes in violation of the Constitution. It asks the justices to remedy this alleged misconduct by forcing all four states’ legislatures to throw out every vote and appoint electors who support Trump. Many Republican lawmakers have already endorsed such a scheme, but Paxton is the first to ask SCOTUS to facilitate it. If the Supreme Court took up his invitation, it would commit the single biggest act of vote nullification in American history, voiding millions of ballots to hand Trump an unearned second term.
The Supreme Court, however, is not going to take up Paxton’s invitation. It has asked for a response from the four defendant states by 3 p.m. on Thursday; in light of the court’s hasty disposition of similarly laughable complaints, we can safely assume that the justices intend to dispatch this case promptly. Paxton’s suit is shot through with conspiracy theories and constitutional claims with no basis in law. Texas Solicitor General Kyle Hawkins, who typically authors the office’s lawsuits, did not sign on to this one, nor did his deputies; instead, Paxton brought in a “special counsel” from outside the agency. His suit is so ridiculous that it led some commentatorsto wonder whether the attorney general might have another motive for filing it. Paxton, after all, is reportedly under investigation by the FBI for alleged bribery and abuse of office. Trump, meanwhile, has been distributing pardons to his allies like candy. Paxton’s suit makes more sense as pardon-bait than it does as a legal document. And he may need presidential clemency to escape the federal criminal charges that could be imminent.
So this may just be an attempt by Paxton to get a pardon from Trump, but 17 other Republican-controlled states are going along with this assault on the democracy. In the article, Stern enumerates Paxton’s long history of criminal conduct and corruption. Read about it at the link.
President Donald Trump asked the Supreme Court on Wednesday to block millions of votes from four battleground states that voted for President-elect Joe Biden.
Trump’s request came in a filing with the court asking to intervene in a lawsuit brought by Texas Attorney General Ken Paxton seeking to invalidate millions of votes cast in Georgia, Michigan, Pennsylvania and Wisconsin.
The President is being represented by a new attorney, John Eastman, who is known for recently pushing a racist conspiracy theory questioning whether Vice President-elect Kamala Harris was eligible for the role because her parents were immigrants….
“Our Country is deeply divided in ways that it arguably has not been seen since the election of 1860,” the petition states. “There is a high level of distrust between the opposing sides, compounded by the fact that, in the election just held, election officials in key swing states, for apparently partisan advantage, failed to conduct their state elections in compliance with state election law.”
Echoing arguments made by Texas, Trump says the battleground states used the pandemic “as an excuse” and “ignored or suspended the operation of numerous state laws designed to protect the integrity of the ballot.”
He asks the court to block the states from using “constitutionally infirm 2020 election results” unless the legislatures of the states “review the 2020 election results.”
Instead of actually doing the job of POTUS in the midst of an out-of-control pandemic and economic disaster, Trump is spending all of his time claiming he actually won the election that he lost and trying to convince judges and lawmakers to help him with execute a coup and turn the U.S. into an authoritarian state.
Pierre-Auguste Renoir – Skaters in the Bois de Boulogne
At the end of the nation’s deadliest day so far during the coronavirus pandemic, President Trump on Wednesday night emerged at an indoor Hanukkah party to speak with a crowd mostly wearing masks but not adhering to social distancing in the East Room of the White House.
Then, the president falsely said again that he won the election, boasting that victory was on the horizon in the form of long-shot legal efforts that have been repeatedly defeated in multiple states.
“All I ask for is people with wisdom and with courage, that’s all,” Trump told the crowd, according to a video of the event shared by Jewish Insider’s Jacob Kornbluh. “Because if certain very important people, if they have wisdom and if they have courage, we’re going to win this election in a landslide.”
The crowd responded by breaking into a chant of, “Four more years!”
VIDEO: Trump tells the crowd at the Hanukkah party that with the help of “certain very important people, if they have wisdom and if they have courage, we are going to win this election.” — remarks followed with loud chants of “four more years.” pic.twitter.com/FjCyFGOqPC
The moment highlighted a consistent theme of Trump’s actions in the past month, as he has declined to address a dramatically worsening pandemic while focusing instead on his thus-far failed efforts to overturn the election results.
Wednesday’s White House holiday party came on the same day that 3,140 people died of covid-19 in the United States, a single-day record for deaths, according to a Washington Post analysis. Nationwide, 106,000 people were hospitalized with covid, another record.
The Hanukkah party was among at least 25 indoor parties planned in a packed holiday season at the White House, which ignored warnings from the Trump administration’s own public health experts to avoid large groups and limit travel.
President Trump is shifting his focus to Congress after the courts roundly rejected his bid to overturn the results of the election, pressuring congressional Republicans into taking a final stand to keep him in power.
Trump’s push is part of a multipronged approach as he also seeks to lobby state and federal lawmakers to give him cover for his unsubstantiated claims of widespread voter fraud, as well as rally support for a last-gasp legal challenge in the Supreme Court that election law experts almost universally dismiss.
The president has been calling Republicans, imploring them to keep fighting and more loudly proclaim the election was stolen while pressing them on what they plan to do. He spoke to Arizona GOP Party Chairwoman Kelli Ward and Rep. Mike Johnson (R-La.), head of the conservative Republican Study Committee, on Wednesday, and is expected to meet Thursday at the White House with several state attorneys general. Meanwhile, Rudolph W. Giuliani, Trump’s personal lawyer and point man in the legal fight, has been making similar calls from the hospital, where he is being treated for covid-19.
Claude Monet, Snow Scene at Argenteuil, 1875
The president also has enlisted Vice President Pence to reach out to governors and other party leaders in key states to see what else can be done to help the president. A person familiar with the calls said Pence has not exerted pressure on lawmakers to take specific actions and sees them as “checking in.” [….]
Meanwhile, on Capitol Hill, Trump’s conservative allies in the House have been privately buttonholing GOP senators, seeking to enlist one to join in objecting to slates of electors on Jan. 6, according to multiple people familiar with their effort who spoke on the condition of anonymity to discuss their plans.
On that day, Congress will meet in a joint session to count the electoral votes and declare Joe Biden as the 46th president — with Pence presiding. But if a member of the House and a member of the Senate challenge a state’s results, the whole Congress would vote — and the GOP plotting all but assures the routine process could take a dramatic turn, forcing Republicans to choose between accepting the election results or Trump’s bid to overturn the outcome.
Unbelievable. Read much more about the Republican efforts to support Trump’s power grab.
I can’t understand why journalists are not writing that Trump’s behavior is simply insane. He is insane, and that needs to be discussed publicly.
A growing number of Senate Republicans are ready to publicly acknowledge what’s been widely known for weeks but what they’ve refused to say: Joe Biden won the presidency and will be sworn in on January 20.
What they’re less certain about: What President Donald Trump will do after the Electoral College votes on Monday and how they plan to respond if he won’t concede after Biden is the official winner.
“Trump’s going to do what Trump is going to do,” said Sen. Chuck Grassley of Iowa, who has asserted that Biden will be the President-elect once the Electoral College votes on Monday, but told CNN that it’s Trump’s call on conceding the race. “That’s the only answer I’m going to give you.”
Ivan Shishkin, In the Wild North, 1891
For weeks, Republicans in the House and Senate have refused to acknowledge Biden’s victory, arguing that Trump has a right to pursue his case in court and staying mostly silent as the President wages a rhetorical assault on a foundation of democracy by arguing baselessly that the election was “stolen” and “rigged.”
And after interviews with more than two dozen Republican senators, many of them have pointed to December 14 as the defining moment — when electors meet in their state capitals to make the results official. Yet they are also confronting a new reality: Biden will officially clinch the necessary electoral votes to assume the presidency and the President is showing no signs of letting up.
Many Republicans won’t say if they’ll acknowledge the electoral reality next week. But others are ready to move on and acknowledge Biden won.
PRESIDENT TRUMP’S lying about the election has become dangerous — and not just in the sense that it damages democratic norms. It also increasingly threatens to spur physical violence against Americans who have done their duty to oversee a free and fair vote.
Officials in Arizona, Colorado, Georgia, Kentucky, Minnesota, Vermont and Wisconsin havereported receiving threats or harassment. The Arizona Republican Party asked its Twitter followers Tuesday if they were willing to give their lives to overturn the election and “die for something.”
Armed “protesters” menaced Michigan Secretary of State Jocelyn Benson (D) and her family in their home over the weekend. “Someone’s going to get killed,” said Gabriel Sterling, a senior Georgia election official, as he detailed last week the death threats he and others have received. Yet, Mr. Trump continues to pour gasoline on the fire, tweeting Wednesday that “We will soon be learning about the word ‘courage’, and saving our Country.” Kim Ward, the majority leader of the Pennsylvania state Senate, told the New York Times that if she refused to cooperate with efforts to challenge the election result, “I’d get my house bombed tonight.” [….]
…passions are not dissipating; they are exploding. Republicans across the country, from Senate Majority Leader Mitch McConnell (Ky.) down to county GOP chairs, are inflaming them with their encouragement or their acquiescence. Violence seems ever more possible when President-elect Joe Biden’s victory becomes official — if not before. Short of that, Mr. Trump is creating a new playbook for failed candidates: Rile the base; delegitimize your opponent’s victory; pressure state officials to flip the results. This strategy could be far more potent in a closer election. It threatens the foundations of U.S. democracy.
There’s plenty of other news, so please use the comments to share the stories you are following today.
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With a seven-day average of 2,249 deaths, the country broke the previous mark of 2,232 set on April 17 in the early weeks of the pandemic. Seven-day averages can provide a more accurate picture of the virus’s progression than daily death counts, which can fluctuate and disguise the broader trend line.
The United States is approaching 300,000 total deaths, with nearly 283,000 recorded, according to a New York Times database. The nation is averaging nearly 200,000 cases per day, an increase of 15 percent from the average two weeks earlier, and has recorded over than 15 million total cases.
Much has changed since the previous peak in April. The coronavirus is no longer concentrated in big urban areas like New York City and now envelops much of the country, including rural areas that had avoided it for several months.
Many of the hardest-hit counties on a per person basis are now in the Midwest. North Dakota, where one in every 10 residents has contracted the virus, has the highest total reported cases by population, followed closely by South Dakota, Iowa, Wisconsin and Nebraska.
The latest wave to hit the United States has hospitalized record numbers. Each day since Dec. 2, more than 100,000 Covid-19 patients were in hospitals. That far surpasses the number of people hospitalized during the peaks spring and summer, which at their worst had nearly 60,000 Americans in the hospital daily.
The new peak also comes as the nation prepares for holiday celebrations, and as colder temperatures may push people to congregate indoors. Infectious-disease experts have warned that trends in the United States, which reported a record 2,885 deaths on Wednesday, could continue to worsen over the next several weeks.
Before Pfizer’s coronavirus vaccine was proved highly successful in clinical trials last month, the company offered the Trump administration the chance to lock in supplies beyond the 100 million doses the pharmaceutical maker agreed to sell the government as part of a $1.95 billion deal months ago.
But the administration, according to people familiar with the talks, never made the deal, a choice that now raises questions about whether the United States allowed other countries to take its place in line.
As the administration scrambles to try to purchase more doses of the vaccine, President Trump plans on Tuesday to issue an executive order that proclaims that other nations will not get the U.S. supplies of its vaccine until Americans have been inoculated.
But the order appears to have no real teeth and does not expand the U.S. supply of doses, according to a description of the order on Monday by senior administration officials.
The chief scientist of the Trump administration’s Operation Warp Speed was unable to explain President Donald Trump’s latest executive order Tuesday, which aims to prioritize shipment of the coronavirus vaccine to Americans over other countries.
“Frankly, I don’t know, and frankly, I’m staying out of this. I can’t comment,” Slaoui said. “I literally don’t know.”
“You don’t know?” asked anchor George Stephanopoulos.
“Yes,” Slaoui said.
“But you’re the chief science adviser for Operation Warp Speed,” Stephanopoulos pressed.
“Our work is, you know, rolling,” Slaoui replied. “We have plans. We feel that we can deliver the vaccines as needed. So I don’t know exactly what this order is about.”
Indeed, it remains unclear how Trump’s executive order would be enforced, as drugmakers are already making agreements to deliver supplies for other countries.
Slaoui was similarly dismissive when asked about the executive order in another interview Tuesday, telling Fox News that “what the White House is doing is what the White House is doing.”
The incompetence would be funny if it weren’t going to kill people.
Pfizer has told the Trump administration it cannot provide substantial additional doses of its coronavirus vaccine until late June or July because other countries have rushed to buy up most of its supply, according to multiple individuals familiar with the situation.
That means the U.S. government may not be able to ramp up as rapidly as it had expected from the 100 million doses of the Pfizer vaccine that it purchased earlier this year, raising questions about whether it can keep to its aggressive schedule to vaccinate most Americans by late spring or early summer.\Trump administration officials denied there would be availability issues in the second quarter, citing other vaccines in the pipeline — most immediately, Moderna’s, also expected to be approved in coming weeks. Both vaccines are two-dose regimens, so the 100 million doses purchased of each would cover 50 million people each.
“I’m not concerned about our ability to buy vaccines to offer to all of the American public,” Gen. Paul Ostrowski, who oversees logistics for Operation Warp Speed, the government’s initiative to expedite vaccine development, said in an interview Monday. “It’s clear that Pfizer made plans with other countries. Many have been announced. We understand those pieces.”
But several officials knowledgeable about the contracts said that supplies from other companies may be insufficient to fill the gap.
Let’s hope the Biden administration will be able to deal with the mess that Trump is leaving them.
Trump’s lawyer needs a doctor. If you saw him gallivanting across the country for the past month trying to overturn the election, it should come as no surprise to you that Rudy Giuliani, once revered as “America’s Mayor,” was hospitalized for COVID-19 this week.
Giuliani, a potential one-man superspreader whose recent visit forced the entire Arizona legislature to close up shop, is being treated at Georgetown University Medical Center. For the rich and powerful, there’s always room at the inn. Or hospital. And while we all hope for his speedy recovery, this is the latest sign that a pattern of privilege has emerged. It goes like this: Having tempted fate by refusing to social distance or wear masks, Trump and his team contract the virus. Next, they receive world-class medical treatment. Last, they quickly recover.
It’s not a victimless advantage. Their miraculous recovery reinforces the resentment of every hoohaw who won’t wear a mask and throws a fit at a bar in Staten Island because last call comes early at 10 p.m. The problem with these quick recoveries is that they demonstrate (to people who are the most susceptible to this message) that COVID-19 isn’t really a big deal.
Trump said yesterday that Giuliani is doing well and doesn’t have a fever. Then why is he in the hospital? I’m 73. Would I be hospitalizes with mild symptoms and no fever?
Meanwhile, there’s still no stimulus coming from Congress; and the one they are working on doesn’t include checks to help us regular folks, but it does include liability protections for corporations that force people to work in unsafe conditions. John Nichols at The Nation:
What the United States desperately needs is a multitrillion-dollar stimulus package to provide the resources to fight the current coronavirus surge, to provide for the unemployed and underemployed, to keep small businesses and small farms afloat, to fund state and local governments and schools, and to organize and implement the distribution of the vaccines that are vital to ending the current crisis.
What the United States does not need is a massive corporate bailout that allows the wealthiest and most powerful businesses in this country to avoid liability for actions they take that sicken and kill Americans.
Unfortunately, that is what Senate majority leader Mitch McConnell and his minions have been battling to include in a new Covid-19 “relief” package. And key Democrats could end up going along with the grim reaper’s ghoulish scheme as he again uses federal legislation to insulate irresponsible CEOs from accountability—and, conveniently, to reward the business interests that fund Republican campaigns.
Exploiting the sense of urgency over the peaking pandemic and the prospect of what President-elect Joe Biden refers to as a “long dark winter” for working families, McConnell and his colleagues have for months held relief proposals hostage over the issue of a so-called “liability shield.” Such a shield—even if it is limited, even if it is only temporary—would give corporations immunity from lawsuits related to Covid-19.
Considering the stark evidence of irresponsibility on the part of US corporations since the pandemic hit, the proposal is absurd. Yet the “COVID Emergency Relief Framework” scheme that was initially proposed by corporate-aligned centrists in Congress but has now attracted backing from leading congressional Republicans and Democrats proposes just such a liability shield. The one-page outline of the plan released last week includes among its proposals: “Provide short term federal protection from coronavirus-related lawsuits with the purpose of giving states time to develop their own response.”
Tuesday marks the “safe harbor” deadline — the date when states must certify results if they want protection under federal election law against Congress stepping in to decide which candidate gets their electoral votes. The fact that lawsuits are pending won’t prevent states from getting the benefits of certifying results by that date, according to election law experts. Judges are already wary of injecting legal uncertainty into the election and causing chaos and will be even more reluctant to do so after the deadline passes.
“The doors close significantly after the safe harbor deadline passes,” said Rebecca Green, codirector of the Election Law Program at William & Mary Law School. “It’s going to be a heavy lift to convince a judge to defy federal deadlines. I think it would only happen or be successful if some kind of wild evidence of just unbelievable scale were unearthed that was credible.”
Trump’s campaign has conceded that the Dec. 8 deadline is key to the fate of its legal challenges. It has pushed courts to rush to consider cases by then. In the campaign’s failed constitutional challenge to Biden’s win in Pennsylvania, Trump’s lawyers argued on Nov. 22 that it was “critically important” for a federal appeals court to hear the case before the deadline, which at that point was 16 days away. The court agreed to expedite the case and ruled against Trump in a 3–0 decision just five days later.
Read more at Buzzfeed.
Coming soon: the Trump pardon spree. Once again, this would be hilarious if it weren’t so dangerous. Axios: Trump plots mass pardons, even to people not asking.
President Trump isn’t just accepting pardon requests but blindly discussing them “like Christmas gifts” to people who haven’t even asked, sources with direct knowledge of the conversations told Axios.
Behind the scenes: Trump recently told one adviser he was going to pardon “every person who ever talked to me,” suggesting an even larger pardon blitz to come. As with most Trump conversations, the adviser wasn’t sure how seriously to take the president — although Trump gave no indication he was joking.
The big picture: The president relishes his unilateral authority to issue get-out-of-jail-free cards. Lately, though, he’s been soliciting recipients, asking friends and advisers who they think he should pardon.
Trump has also interrupted conversations to spontaneously suggest that he add the person he’s speaking with to his pardon list, these sources said.
The pardon clause’s language is broad indeed, unambiguously allowing the president to pardon seemingly any other person convicted for any federal criminal offense. But its language does not unambiguously include the president himself. Had the Framers intended to give the president such broad power, we would expect them to have clearly said so. After all, the new nation was in the process of rejecting a monarchical government in favor of a democratic republic.
Instead, the words they chose to confer the pardon power on the president contemplate his granting of reprieves and pardons only to persons other than himself. The word “grant” connotes a gift, bestowal, conferral or transfer by one person to another — not to himself. That would have been the understanding of this word at the time of the Constitution’s drafting, and it is how the term “grant” was understood and is used elsewhere in the Constitution.
At the same time, the “take care” argument against the power to self-pardon merely assumes the very conclusion it reaches: that the pardon clause does not empower the president to pardon himself, and therefore that his self-pardon would be irreconcilable with his responsibility to take care that the laws be faithfully executed. This begs the question just as much as the textual argument made for self-pardons. If the Constitution allows a president to pardon himself, there could be no argument that in pardoning himself the president was not faithfully executing the laws.
Read the full argument at the WaPo.
Hang in there Sky Dancers! We just have to survive 43 more days of this insanity until the Inauguration.
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I’ve been considering searching for old episodes of Mr. Rogers that the girls and I used to watch back in the appropriate age range day just because I always remembered feeling so good just knowing some one like him was around. I used to even sneak watches at him when I was a teenager during the Nixon Years. He was fairly new to PBS but wow, it was so nice to see a kind and gentle man. Anyway, we now have TikTok and Nick Cho who is @yourKoreanDad. I’m going to start out with this before we have to take another trip on the Trump Crazy Train because every one needs a good daily dose of a kind and gentle man,
Also, please enjoy these selections of Korean art!
And, have a lot of love and fun with your Korean dad! We all need something after over four years of Trumpist Terrorism!
Meet Nick Cho, the Korean dad behind the most wholesome TikTok account there is pic.twitter.com/XXDaXDWGUH
Heading into this season, Tom Brady signed a two-year, $50 million contract with the Tampa Bay Buccaneers. It was a deal that was signed about a week after the coronavirus pandemic forced sports to essentially shut down in the country.
And those ensuing months would prove to be a challenging time for the U.S. as nearly 300,000 people have died along with millions of COVID-19 cases and jobs lost. To help counteract the economic impact, congress passed the Paycheck Protection Program (PPP) to assist businesses during the crisis.
Well, Brady’s own company, TB12, was among the businesses to receive a PPP loan — a loan of $960,000 — but you probably won’t be surprised to see that the Bucs quarterback hasn’t exactly struggled financially.
According to a report from TMZ, Brady recently purchased a multi-million-dollar, custom boat that was delivered to him in St. Petersburg, Fla., on Thursday. The 40-foot boat was named “Viva a Vida” after Gisele’s environmental initiative.
Ship-jangsaeng the Twelve “Ten Symbols of Longevity”
I’m not sure why he felt the need for the government to subsidize his business while he’s getting paid like that but you know, that’s just what deplorables do these days.
Then, there are these deplorables who showed up Michigan’s Secretary of State Jocelyn Benson’s house late Saturday while she and her son were finishing up their Holiday Decorations. What was the purpose of this neighborhood visit? Well, in typical deplorable style it included death threats and the usual horrible taunts plus guns. Lots of gun toting and lots of rage by the usual set of deplorable white men.
Jocelyn Benson just released a statement: “As my four year old son and I were finishing up decorating the house for Christmas on Saturday night … dozens of armed individuals stood outside my home shouting obscenities and chanting into bullhorns in the dark of night.” pic.twitter.com/LqwHNBa72U
About 20-30 protesters, some open-carrying guns, gathered outside Secretary of State Jocelyn Benson’s home Saturday night to challenge President-elect Joe Biden’s win in Michigan, police said.
Officers responded to a public disturbance around 9:50 p.m., Dec. 5 outside of Benson’s Detroit residence, said the Michigan State Police. Some of the protesters carried weapons, police said, and the crowd dispersed once officers arrived. No protesters were arrested, police said. Detroit police were called to the scene, as well.
Protesters posted two livestream videos of the rally, which showed people chanting for election audits and to “Stop the steal.” At least one individual shouted “you’re murderers” in the videos, according to a joint statement by Michigan Attorney General Dana Nessel and Wayne County Prosecutor Kym Worthy.
The rally was a threat against not only Benson and her family, but also Michigan voters, Benson said in a statement.
“The demands made outside my home were unambiguous, loud and threatening,” she said in the release. “They targeted me in my role as Michigan’s Chief Election Officer. But the threats of those gathered weren’t actually aimed at me – or any other elected officials in this state. They were aimed at the voters.”
She noted in the release that she and her 4-year-old son were decorating the house for Christmas when the protesters arrived.
The big picture: The Trump talk could create a split-screen moment: the outgoing president addressing a roaring crowd in an airport hangar while the incoming leader is sworn in before a socially distanced audience outside the Capitol, as NBC News first reported.
Immediately announcing he is running for re-election in 2024 would set up four years of Trump playing Biden’s critic-in-chief.
The visual also would embody the vast difference in the two leaders’ approaches to the pandemic.
And flying off from the South Lawn before landing in Florida would let Trump escape protests, the normal pleasantries of welcoming the incoming president to the White House — and sitting there while Biden takes the oath of office.
Well, look who is hospitalized with the Corona Virus?
The 76-year-old former New York mayor was admitted to Georgetown University Hospital on Sunday. Giuliani, who has frequently appeared without a mask in recent weeks, may have spread the virus among public officials. https://t.co/uQfRck4Egp
Rudy Giuliani, President Donald Trump’s personal attorney and the face of his longshot legal challenges to overturn the presidential election results, has been hospitalized after testing positive for Covid-19.
The 76-year-old former New York mayor was admitted to Georgetown University Hospital on Sunday, a source familiar with the matter confirmed to CNN. Giuliani appeared to confirm his positive diagnosis, hours after it was announced on Twitter by Trump, by tweeting that he’s “getting great care and feeling good.”
There have been no additional details provided about his condition, and it is unclear when Giuliani received a positive test for Covid-19. He and his spokeswoman have not responded to CNN’s requests for comment.
This story comes from Stephanie Ruhle whose entire family has tested positive.
Stephanie Ruhle: My family's Covid diagnosis shows how our broken, confusing system exploits privilege https://t.co/jHWrEffXB7
One of the people who did take my call seriously, the woman who cuts my hair, canceled her Thanksgiving, took her kids out of school, stopped going to work and made no money for nearly two weeks. Her test, which she spent three hours waiting to get, came back eight days later. It was negative. But how many people can put their lives, livelihoods and jobs on hold just to do the right thing?
Hourly wage workers are going to work sick because they can’t afford not to work. Many of their employers are ignoring the symptoms, because they are trying to keep business alive.
Testing remains a challenge — and there are no consequences for people who don’t self-isolate while they wait several days just to get results, especially if they have no or minimal symptoms.
And then there are people who may know they are spreading the coronavirus and simply don’t care. Any of these scenarios is possible, because there is no comprehensive national containment plan.
I think it’s pretty obvious to most of us by now that Trump and his Trumpists don’t give a damn about any one but themselves.
Oh, and there’s rumors that Bill Barr is bailing early. Good Riddance to the lot of them! I would like to live in a world where never have to hear a word about any of them again unless it has to do with a pending jail term.
Take care this week! Be safe! We care and love you here our beloved community! We just got to hang in here for a few more months and then ride the change!
What’s on your reading and blogging list today?
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Today’s Caturday illustrations are by Japanese artist Tetsuo Takahara.
We are getting our first Nor’easter of the season today and tomorrow. I don’t know how much snow we will get yet, but it’s already stormy out there.
[*UPDATE*] For those in New England, a Nor'easter will be tracking just off the coast today through early tomorrow bringing heavy rain and snow, as well as gusty winds. pic.twitter.com/H9Kpvs8gEE
BOSTON — A nasty Nor’easter has taken aim at Southern New England Saturday, with snow totals again upped to more than a foot in parts of the state. What started as a rainy day will turn into snow, leading to messy conditions across the state.
The National Weather Service has continued to raise the expected snow totals in the days leading up to the storm, with Saturday morning’s updated forecast showing parts of the state could see as much as 18 inches of accumulation. A winter storm warning is in effect from 1 p.m. Saturday until 7 a.m. Sunday.
Most of the state should see the first flakes fall by early-to-mid afternoon, though the northwest corner of the state could see snow as early as 10 a.m. Worcester is expected to be hit hardest, with a foot to a foot and a half of snow expected.\
The combination of the wet, heavy snow with high winds could lead to downed trees, power lines and widespread power outages. While the Cape and islands aren’t expected to see too much snow accumulation, they’ll be hit the hardest by the winds, which could top out at 65 mph in Provincetown. Keep electronic devices charged in case of a power outage.
A rapidly intensifying nor’easter will bring heavy rain and snow from the Mid-Atlantic through New England this weekend, triggering winter weather alerts in several Northeastern states….
“As the system rapidly intensifies, it will also bring windy conditions, especially along the coast from the mid-Atlantic through Maine,” said CNN meteorologist Taylor Ward. “Expect winds to gust 30 to 40 mph Saturday, with some gusts perhaps even topping 50 mph in areas like Cape Cod.”
Gale warnings are in effect along the coast from the Carolinas to Maine. A reduction in visibility, along with strong winds, are expected to cause hazardous seas, which could capsize or damage vessels.
This storm could intensify fast enough to become a “bomb cyclone,” a phenomenon characterized by a pressure drop of at least 24 millibars within 24 hours and increased precipitation and winds.
The heaviest rain will fall along the Eastern Seaboard, particularly from Richmond, Virginia, to Boston, where rainfall totals of 2 to 4 inches are expected.
The heaviest snow will likely fall between Worcester, Massachusetts and Caribou, Maine, where 8 to 12 inches is forecast. Over one foot of snow is possible for isolated locations, especially in Maine.
So if you’re in the path of the storm, stay inside, get cozy and comfortable with a good book or other favorite indoor activity.
If you’re getting the feeling I’m avoiding the political news, you’re absolutely right. But I’ll force myself. Here are some of today’s top stories.
A federal judge on Friday ordered the Trump administration to fully restore an Obama-era program designed to shield young, undocumented immigrants from deportation, dealing what could be a final blow to President Trump’s long-fought effort to end the protections.
The program, known as Deferred Action for Childhood Arrivals, was created by President Barack Obama in 2012. Over the years, it has protected more than 800,000 individuals, known as “dreamers,” who met a series of strict requirements for eligibility.
But those protections have been under legal and political siege from Republicans for years, leaving the immigrants who were enrolled in DACA uncertain whether the threat of deportation from the United States could quickly return with a single court order or presidential memorandum.
Judge Nicholas G. Garaufis of the U.S. District Court in Brooklyn directed the administration on Friday to allow newly eligible immigrants to file new applications for protection under the program, reversing a memorandum issued in the summer by Chad Wolf, the acting secretary of Homeland Security, which restricted the program to people who were already enrolled. As many as 300,000 new applicants could now be eligible, according to the lawyers who pushed for the reinstatement.
The memo from the Department of Homeland Security also limited benefits under the program, including permits to work, to one year, but the judge ordered the government to restore them to a full two years. Judge Garaufis, who was appointed by President Bill Clinton, also said the government must find a way to contact all immigrants who are eligible for the program to inform them of the change.
The judge said the government must announce the changes to the program on its website by Monday.
President Donald Trump and his legal allies earned a platinum sombrero Friday, striking out five times in a matter of hours in states pivotal to the president’s push to overturn the election results — and losing a sixth in Minnesota for good measure.
It was another harsh milestone in a monthlong run of legal futility, accompanied by sharp rebukes from county, state and federal judges who continue to express shock at the Trump team’s effort to simply scrap the results of an election he lost. Several of the most devastating opinions, both Friday and in recent weeks, have come from conservative judges and, in some federal cases, Trump appointees.
The losses included a rejection in Wisconsin from the state Supreme Court, where the majority was gobsmacked at the effort by a conservative group to invalidate the entire election without any compelling evidence of voter fraud or misconduct.
“The relief being sought by the petitioners is the most dramatic invocation of judicial power I have ever seen,” said Brian Hagedorn, a conservative elected justice, in a concurring opinion. “Judicial acquiescence to such entreaties built on so flimsy a foundation would do indelible damage to every future election. Once the door is opened to judicial invalidation of presidential election results, it will be awfully hard to close that door again. This is a dangerous path we are being asked to tread.”
An Arizona county judge, similarly, tossed a suit brought by state GOP chair Kelli Ward. “The court finds no misconduct, no fraud and no effect on the outcome of the election.” Ward has vowed to appeal that ruling.\A Nevada judge issued a point-by-point rejection of every claim lodged by the Trump team, emphasizing that the facts they presented were sparse and unpersuasive. Carson City District Judge James Russell’s opinion repeatedly emphasized their case would not have succeeded “under any standard of proof.” [….]
In one of the most prominent cases — a suit in Georgia brought by controversial lawyers Sidney Powell and Lin Wood — a federal appeals court dismissed an appeal seeking to expand a restraining order a district court judge issued Sunday barring any alterations to voting machines in three Georgia counties.
A unanimous three-judge panel of the 11th Circuit Court of Appeals rejected the appeal without even hearing oral arguments from the litigants.
Read more at Politico.
Trump is headed to Georgia today for a rally supposedly to support incumbent Senators David Perdue and Kelly Loeffler, but he’s more likely to use the event to whine about h.is election loss. The New York Times: A Gathering Political Storm Hits Georgia, With Trump on the Way.
ATLANTA — Some of the biggest names in national politics jumped into the fiercely contested runoffs for two Georgia Senate seats on Friday, even as a second recount showed that Joseph R. Biden Jr. had maintained his lead in the state and Republicans braced for a visit by President Trump, who has railed against his loss there with baseless claims of fraud.
With Mr. Trump set to campaign for the two Republican incumbents, David Perdue and Kelly Loeffler, on Saturday, Vice President Mike Pence and former President Barack Obama held dueling events to underscore the vital stakes in the special elections: If both Republicans are defeated, control of the Senate will shift to Democrats just as Mr. Biden moves into the Oval Office.
Mr. Obama appeared virtually at a turn-out-the-vote event for Jon Ossoff, the Democrat facing Mr. Perdue, and the Rev. Raphael Warnock, Ms. Loeffler’s opponent, and spoke of his frustration in seeing his initiatives blocked by the Republican-controlled Senate when he was in office. “If the Senate is controlled by Republicans who are interested in obstruction and gridlock, rather than progress and helping people, they can block just about anything,” Mr. Obama said.
Mr. Pence — with Mr. Perdue and Ms. Loeffler by his side — attended a Covid-19 briefing at the Atlanta headquarters of the Centers for Disease Control and Prevention and said later at a rally for the Republican candidates that “we’re going to save the Senate, and then we’re going to save America.”
Yeah, right.
The Senate races are playing out at a hyperpartisan moment in American politics that has led to a civil war among Georgia Republicans divided over whether to support Mr. Trump as he persists with false assertions that the election was stolen from him. In Georgia and elsewhere, the president’s lawyers remain engaged in a failing, last-minute effort to throw the election to Mr. Trump.
Even as he tweeted this week that he wanted “a big David and Kelly WIN,” Mr. Trump called Brian Kemp, the state’s Republican governor, “hapless” for failing to work to overturn the election results, while also criticizing Georgia’s top election official, Secretary of State Brad Raffensperger. His sustained assault on Georgia’s voting system prompted an extraordinary rebuke this week from another high-ranking elections official, who warned of violent threats against poll workers and publicly pleaded with the president to cool down his conspiratorial rhetoric.
Meanwhile the coronavirus pandemic is surging everywhere. Here in Massachusetts, the numbers of new cases have climbed to 5,000 or more every day. Deaths are fewer than in the spring, but people are still dying on a daily basis.
Since the beginning of the pandemic, public-health experts have warned of one particular nightmare. It is possible, they said, for the number of coronavirus patients to exceed the capacity of hospitals in a state or city to take care of them. Faced with a surge of severely ill people, doctors and nurses will have to put beds in hallways, spend less time with patients, and become more strict about whom they admit into the hospital at all. The quality of care will fall; Americans who need hospital beds for any other reason—a heart attack, a broken leg—will struggle to find space. Many people will unnecessarily suffer and die….
Yet that worst-case scenario never came to pass at a national level. At the springtime peak, even as northeastern hospitals faced a deluge, 60,000 people were hospitalized nationwide. When the Sun Belt frothed with cases this summer, hospitalizations again reached the 60,000 mark before they started to fall.
A month ago, in early November, hospitalizations passed 60,000—and kept climbing, quickly. On Wednesday, the country tore past a nauseating virus record. For the first time since the pandemic began, more than 100,000 people were hospitalized with COVID-19 in the United States, nearly double the record highs seen during the spring and summer surges.
The pandemic nightmare scenario—the buckling of hospital and health-care systems nationwide—has arrived. Several lines of evidence are now sending us the same message: Hospitals are becoming overwhelmed, causing them to restrict whom they admit and leading more Americans to needlessly die.
The current rise in hospitalizations began in late September, and for weeks now hospitals have faced unprecedented demand for medical care. The number of hospitalized patients has increased nearly every day: Since November 1, the number of people hospitalized with COVID-19 has doubled; since October 1, it has tripled.
HOUSTON — The United States is winding up a particularly devastating week, one of the very worst since the coronavirus pandemic began nine months ago.
On Friday, a national single-day record was set, with more than 226,000 new cases. It was one of many data points that illustrated the depth and spread of a virus that has killed more than 278,000 people in this country, more than the entire population of Lubbock, Texas, or Modesto, Calif., or Jersey City, N.J.
“It’s just an astonishing number,” said Caitlin Rivers, a senior scholar at the Johns Hopkins Center for Health Security. “We’re in the middle of this really severe wave and I think as we go through the day to day of this pandemic, it can be easy to lose sight of how massive and deep the tragedy is.”
In California, where daily case reports have tripled in the last month, Gov. Gavin Newsom announced a new round of regional stay-at-home orders to address a mounting crisis over intensive-care beds. Some counties in the Bay Area said they were enacting tough new restrictions this weekend, before the state rules come into effect. And in South Florida, which is in the early stages of a new surge, physicians and politicians alike worried that there might not be enough resources to treat the sick.
Head over to the NYT for the rest. It’s worth a read.
That’s it for me today. I’m going to hunker down with a good book while I ride out the storm. Take care, Sky Dancers! I hope you’ll stop by today if you have the time and inclination. I’ll be checking in.
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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.
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