Republicans on the House Judiciary Committee deleted their Oct. 6 tweet that appeared to support Ye, formerly known as Kanye West, after months of controversy over his antisemitic remarks.
“Kanye. Elon. Trump,” read the tweet, which held up Ye alongside Elon Musk, the new owner of Twitter, who has been bringing back right-wing figures who were once banned, and former President Donald Trump.
The tweet was deleted Thursday as Ye was launching a lengthy antisemitic tirade on the show hosted on Infowars by conspiracy theorist Alex Jones, who is known for promoting falsehoods around events like the shooting at Sandy Hook Elementary School in Connecticut in 2012.
“I love Jewish people, but I also love Nazis,” Ye said on the show Thursday. He also repeatedly expressed his admiration for Adolf Hitler.
House Judiciary Committee Republicans did not immediately reply to a request for comment about the deleted tweet. The GOP, currently in the minority, won control of the House in November’s midterm elections.
In an appearance on conspiracy theorist Alex Jones’ show, Ye – the rapper formerly known as Kanye West – doubled down on a series of antisemitic comments he’s made in recent months. Ye appeared on the show alongside Nick Fuentes, the white-nationalist internet personality. The pair had dinner with former President Donald Trump last week.
Hours later, Twitter CEO Elon Musk announced that Ye’s Twitter account was suspended. The move came after the rapper reportedly posted on Twitter an image of a swastika depicted inside a Star of David.
On Jones’ show Thursday, Ye’s statements were among his most brazen. “I see good things about Hitler,” Ye said during the nearly 3-hour interview. Later, he veered into Holocaust denialism.
“This was a mask-off moment, to hear Ye just outright say that he admires Hitler,” said Megan Squire, deputy director of data analytics at the Southern Poverty Law Center. Often extremists talk around the subject of Nazism, she said, couching true beliefs in cloaked language in order to avoid being banned from mainstream platforms. Pushing the boundaries, said Squire, provides a permission structure to other far right voices.
The recent string of antisemitic comments began in October, when Ye posted “I’m going death con 3 on JEWISH PEOPLE.” The tweet has since been deleted. Ye then spoke out on a number of podcasts and interview shows, repeating his talking points and promoting his run for president in 2024.
Before decamping to fringe channels that specialize in extremist rhetoric, Ye made an appearance in an interview with Fox News’ Tucker Carlson. He used the occasion to air his anti-abortion stance and grievances with the fashion industry. But soon after, Vice News revealed that show producers cut Ye’s references to his beliefs that align with the Black Hebrew Israelites.
Women’s Pavilion, Paul Klee, 1921
Sorry, Republicans, you own this Troika of hate. Musk. Ye. Trump.
A federal appeals court on Thursday removed a major obstacle to the criminal investigation into former President Donald J. Trump’s hoarding of government documents, ending an outside review of thousands of records the F.B.I. seized from his home and freeing the Justice Department to use them in its inquiry.
In a unanimous but unsigned 21-page ruling, a three-member panel of the U.S. Court of Appeals for the 11th Circuit in Atlanta shut down a lawsuit brought by Mr. Trump that has, for nearly three months, slowed the inquiry into whether he illegally kept national security records at his Mar-a-Lago residence and obstructed the government’s efforts to retrieve them.
The appeals court was sharply critical of the decision in September by Judge Aileen M. Cannon, a Trump appointee who sits in the Southern District of Florida, to intervene in the case. The court said Judge Cannon never had legitimate jurisdiction to order the review or bar investigators from using the files, and that there was no justification for treating Mr. Trump differently from any other target of a search warrant.
“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the court wrote.
The judges’ findings are consistent with what legal experts have been saying since the Trump lawyers went Judge-shopping and came up with an eager interloper. Here’s the kicker.
Limits on when courts can interfere with a criminal investigation “apply no matter who the government is investigating,” it added. “To create a special exception here would defy our nation’s foundational principle that our law applies ‘to all, without regard to numbers, wealth or rank.’”
The panel included two judges appointed by Trump.
Ernst Ludwig Kirchner, German, Self-Portrait with Cat, 1920.
Well, there’s Ye. There’s Trump. And now, let’s do Musk. “Hate Speech’s Rise on Twitter Is Unprecedented, Researchers Find. Problematic content and formerly barred accounts have increased sharply in the short time since Elon Musk took over, researchers said.” This is also from The New York Times.
Before Elon Musk bought Twitter, slurs against Black Americans showed up on the social media service an average of 1,282 times a day. After the billionaire became Twitter’s owner, they jumped to 3,876 times a day.
Slurs against gay men appeared on Twitter 2,506 times a day on average before Mr. Musk took over. Afterward, their use rose to 3,964 times a day.
And antisemitic posts referring to Jews or Judaism soared more than 61 percent in the two weeks after Mr. Musk acquired the site.
These findings — from the Center for Countering Digital Hate, the Anti-Defamation League and other groups that study online platforms — provide the most comprehensive picture to date of how conversations on Twitter have changed since Mr. Musk completed his $44 billion deal for the company in late October. While the numbers are relatively small, researchers said the increases were atypically high.
The shift in speech is just the tip of a set of changes on the service under Mr. Musk. Accounts that Twitter used to regularly remove — such as those that identify as part of the Islamic State, which were banned after the U.S. government classified ISIS as a terror group — have come roaring back. Accounts associated with QAnon, a vast far-right conspiracy theory, have paid for and received verified status on Twitter, giving them a sheen of legitimacy.
These changes are alarming, researchers said, adding that they had never seen such a sharp increase in hate speech, problematic content and formerly banned accounts in such a short period on a mainstream social media platform.
“Elon Musk sent up the Bat Signal to every kind of racist, misogynist and homophobe that Twitter was open for business,” said Imran Ahmed, the chief executive of the Center for Countering Digital Hate. “They have reacted accordingly.”
Young Woman with a Red Fan, Max Pechstein, 1910
CNN Prognosticators are getting some encouraging Poll results in the Warnock/Walker race. “CNN Poll: Warnock holds a narrow edge over Walker in final undecided Senate contest.” Walker is not fit for the Senate, but his treatment of women makes him an unacceptable choice. Our Georgia Sky Dancers are voting in even the most desperate situations, like long lines and illness.
In the final undecided Senate contest of 2022, Democratic Sen. Raphael Warnock of Georgia holds a narrow lead over Republican challenger Herschel Walker among those likely to vote in a runoff election Tuesday, according to a new CNN Poll conducted by SSRS.
The survey shows that Walker faces widespread questions about his honesty and suffers from a negative favorability rating, while nearly half of those who back him say their vote is more about opposition to Warnock than support for Walker. Voters’ modestly more positive views of Warnock and a firmly committed base of supporters appear to boost the incumbent in the new poll.
Overall, 52% of likely voters say they plan to support Warnock in Tuesday’s runoff and 48% pick Walker. Partisans on both sides are deeply entrenched, with nearly all Democrats (99%) behind Warnock and 95% of Republicans backing Walker. Independents break in Warnock’s favor, 61% to 36%, but make up a relatively small slice of likely voters, 17%, compared with 24% in a CNN exit poll of voters in the first round of this contest last month. (Warnock finished narrowly ahead of Walker in November but without the majority of the vote needed to avoid a runoff.)
An ex-girlfriend of Herschel Walker, the Republican Senate nominee in Georgia, has come forward in The Daily Beast to allege that the former football star was violent and threatening toward her during an incident that took place in 2005.
Cheryl Parsa, a Dallas resident, told the news outlet she had a five-year relationship with Walker from 2004 to 2009. She alleges that in 2005, after she found Walker with another woman, he got angry, and, according to her account, placed his hands on her chest and neck and also swung his fist at her. She told The Daily Beast that she thought he was “going to beat me” and that she fled.
This endless Republican parade of wife-beaters, child sex traffickers, racists, mass shooters, anti-semites, and just crazy people is emotional torture. They light their torches, set fires, then ignore the resulting damage. I have decreased my daily exposure to the news, which isn’t good in a democracy.
It’s a moment of panic that has played out again and again for people in more than a dozen states since the Supreme Court overturned Roe v. Wade in June.
Once they find out they’re pregnant, there isn’t much time to act. The closest open abortion clinics that once offered next-day appointments are now often fully booked three, four, even five weeks in advance. Pills purchased online can take up to a month to arrive.
Every day, the fetus gets a little bigger — and the anxiety builds.
Inpolarized, post-Roe America, the experiences that draw widespread attention are often the most harrowing: a 10-year-old rape victim forced to leave her state to end her pregnancy, or a woman denied an abortion for a fetus without a skull.
Often lost in the discussion are the more routine stories. The mother of two who can’t afford a third child. The teenager who can’t tell her parents she’s pregnant. The 25-year-old who isn’t ready to be a mom.
Over the next decade, if recent trends hold, more than a million people with unwanted pregnancies are likely to run up against an abortion ban. Some will find a way, traveling hundreds of miles or securing illegal pills through the mail. Others will resign themselves to parenthood.
The Washington Post made contact with three pregnant women who were seeking abortions while living in states with strict abortion bans. These women, reached early in their pregnancies, communicated regularly with The Post, sharing their experiences through calls, text messages and other documentation that supported their accounts. They participated on the condition that only their first names be used to protect their privacy.
Here are their stories, from the minute the two pink lines appeared.
The stories are compelling. It’s not hard to think about how voting and women’s rights were the first to fall in the Republican-packed Supreme Court. I feel so exhausted. Being under attack by a radical minority, White Christian Nationalism bloc eats everything out of one’s psyche and soul. It’s all just out there, isn’t it? At least we can’t be accused of playing race cards, jumping to Reductio ad Hitlerum, or being hysterical anymore. All you have to do is point to what they are saying out loud and doing daily. The Republican-run committees are just going to be amplifying it all. We’ll still be here even if making sense of it isn’t possible anymore. The key is still to follow truth with action.
And, yes, what would a conversation about NAZIs be without ‘degenerate’ art from the period by German painters.
What’s on your reading and blogging list today?
Did you like this post? Please share it with your friends:
Portrait of his pet cat by Johann Benjamin Ehrenreich (1733 or 1739–1806
Happy Caturday!!
We are living in perilous times. Thanks to Trump’s enabling of U.S. Neo-Nazis, we’re learning that these toxic groups are everywhere–even here in ultra-blue Massachusetts. Back in July, about 100 members of a white supremacist group called Patriot Front marched through downtown Boston in matching outfits, their faces concealed by masks. It was quite a shock to local law enforcement and city leaders.
Internal videos released this year by a nonprofit media groupshowed Patriot Front members in action—boxing in the woods in Sutton, spray-painting graffiti in Quincy, draping their banner from a Storrow Drive overpass in Boston, slapping on stickers in Providence’s Waterplace Park.
Despite New England’s reputation as a deeply blue region, those who’ve studied Patriot Front say that its local faction is among the group’s most active nationally, along with Virginia and Texas, where several of its leaders are based. The group, rooted in a notorious far-right rally in Virginia in 2017, is finding a receptive audience for its white supremacist ideology among certain young men — and has targeted colleges for recruitment.
In fact, there have been hundreds of incidents involving Patriot Front members in Massachusetts and Rhode Island this year alone, according to statistics compiled by the Anti-Defamation League. In addition, at least ninePatriot Front members or associates from across the region have faced charges stemming from their work for the group.
“These extremists perceive New England to have favorable racial demographics, which supposedly presents more opportunities to find like-minded people,”said Jeff Tischauser, a senior research analyst with the Southern Poverty Law Center, in an e-mail. “Extremists around the U.S. also take inspiration from New England history before, during, and immediately after the American Revolution.”
The July 2 march in Boston, which caught law enforcement and much of the public by surprise, represented something of a coming out party for the organization in New England, drawing members from all over the country to the city’s streets on a bustling holiday weekend. The noisy march of young white men banging drums and hoisting Patriot Front flags along the city’s storied Freedom Trail made national headlines and drew a sharp rebuke from Mayor Michelle Wu.
So I guess it shouldn’t be that surprising to learn that a police officer in Woburn, Massachusetts is a Neo-Nazi with ties to white supremacist leader Richard Spencer. Somehow John Donnelly was able to keep it a secret until he was smoked out by an anti-fascist group called Ignite the Right. Here’s the beginning of Twitter thread they posted. You can see the rest on Twitter.
In his day job, John Donnelly works as a Police Officer for Woburn PD in #Massachusetts.
A Massachusetts police officer attended the deadly “Unite the Right” rally in Charlottesville, Virginia, five years ago and acted in key security and planning roles, HuffPost has confirmed. He also used an alias to post racist and antisemitic comments online. The officer, John Donnelly, was still an active-duty member of the police force until Thursday, shortly after HuffPost inquired about his status with the department and role in the deadly white supremacist rally.
Donnelly, 33, was a patrolman for the Woburn Police Department near Boston, where he has been employed since 2015.
But on the morning of Aug. 12, 2017, Donnelly could be seen on video arriving at the Charlottesville rally with Richard Spencer, a prominent white supremacist for whom Donnelly was apparently acting as a security guard. Spencer, Donnelly and a coterie of other suit-and-tie fascists worked their way into a city park where they held court beneath a statue of Confederate Gen. Robert E. Lee, posing for photos and talking into livestreams.
Donnelly was among hundreds of white supremacists who invaded the university town. His fellow attendees violently attacked counterprotesters, with one neo-Nazi driving his car into a crowd of anti-fascists, killing a 32-year-old woman and injuring 19 others. That evening, Donnelly went to a party at a house near Charlottesville, where he joined in a celebration of the day’s events.
Donnelly then returned to Massachusetts and resumed his job as a cop.
His white supremacist activism and involvement in the Charlottesville rally has gone unknown for five years, during which time Donnelly — while still working as a police officer — became the president of a “back the blue” nonprofit raising money for law enforcement, as well as an award-winning real estate agent whose face is featured on a massive billboard in Woburn, a Boston suburb.
But last month, an anti-fascist collective called Ignite the Right provided HuffPost with evidence showing Donnelly attended the Charlottesville rally and connecting him to a series of deeply alarming messages posted online in which he advocated violence against leftists and minority groups.
HuffPo contacted the Chief of Police in Woburn, and Donnelly is now out of a job. Read about how Ignite the Right identified this secret Nazi at the link above.
A Massachusetts prosecutor has promised to review all cases handled by police Officer John Donnelly after a HuffPost report exposed Donnelly’s role in planning the deadly 2017 white supremacist rally in Charlottesville, Virginia.
Middlesex County District Attorney Marina Ryan announced Friday that her office is now “thoroughly reviewing any pending or closed cases” in which Donnelly, a patrolman in Woburn, Massachusetts, was involved.
“We will be issuing a discovering notice disclosing this matter to defense counsel on those cases,” Ryan said in a statement. “That notice has already been added to our publicly available list of officers subject to exculpatory evidence disclosure.” [….]
On Thursday, HuffPost published a report detailing how Donnelly, 33, was among hundreds of white supremacists who descended on Charlottesville in August 2017 for a “Unite the Right” rally, terrorizing the town while chanting slogans such as “Jews will not replace us” and violently attacking counterprotesters….
Donnelly attended the rally as a bodyguard for Richard Spencer, a prominent white supremacist. Leaked chat logs from a neo-Nazi Discord server show Donnelly played an integral part in planning the weekend’s events.
The messages Donnelly posted on Discord show he may have belonged to the white supremacist group Identity Evropa. His messages were also full of racist and antisemitic slurs, and at times they advocated violence against leftists and minorities.
I usually don’t share local stories, but this is likely the tip of the iceberg. There are very likely many more police officers like Donnelly everywhere in the U.S. I suppose they were always there, but Trump has enabled them and given them permission to act out.
In other news, Trump is facing multiple investigations and prosecutors are getting closer to the FPOTUS. Here’s the latest.
In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.
Calico Cat, by Agnes Bodor
Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail….
Grand jury matters are typically secret, but The Washington Post has reported that prosecutors are working with grand jurors and looking extensively at the actions of Trump and his advisers in the period between the November 2020 election and Jan. 6, 2021. Short’s case came to light on Sept. 22 after Trump attorneys M. Evan Corcoran, Timothy C. Parlatore and Rowley were seen at federal court in Washington when there were no publicly scheduled matters, along with a lead Jan. 6 federal prosecutor, Thomas Windom.
According to people familiar with the matter, Short had appeared before a grand jury in downtown Washington in July, but declined to answer certain questions after Flood argued the communications of top White House advisers are protected — and presented written documentation from Trump’s lawyers that they were asserting executive privilege.
The Justice Department asked the court to intervene, urging Howell to override Trump’s claim and to compel Short to answer questions about his communications with Trump, one person said. After arguments Sept. 22, Howell granted the government’s motion, the people said, but because the investigation and an appeal are ongoing, it is unclear if or when a redacted opinion will become public.
The House Committee investigating the Jan. 6, 2021, Capitol insurrection has asked the Secret Service for records of all communications between the far-right Oath Keepers group and Secret Service agents prior to and on the day of the attack, after a preliminary accounting by the agency indicated multiple contacts in 2020, according to a Secret Service spokesman.
The spokesman said the Congressional request follows a short telephonic briefing from the Secret Service to committee staff, in which the agency said an agent from its protective intelligence division had “numerous” contacts with Oath Keepers leader Stewart Rhodes and other group members prior to Trump rallies in fall 2020, but that they were all part of common practice to inform the group of security protocols to follow.
That initial briefing was prompted by federal trial testimony in which the ex-leader of the North Carolina Oath Keepers said Rhodes was in contact with a member of the Secret Service around the time of a September 2020 rally….
Cat on a fence, 1956, by Alex Colville
The Secret Service found that multiple members of the organization, not just Rhodes, spoke to an agent in the protective intelligence division ahead of Trump rallies, the most recent conversation coming before a Dec. 12, 2020, rally, Guglielmi said.
Guglielmi also said the initial search showed the communications were part of common practices that allow agents to tell protesters where they can and cannot be during an event and what items they are prohibited from bringing.
“They reached out concerning logistics about demonstration areas and rules for attending presidential events. This is common activity between organized groups and advance agents,” said Guglielmi.
Two Secret Service officials told NBC News once the Oath Keepers had the phone number of the member of the agency’s protective intelligence detail, they made numerous calls directly to that agent.
Maybe it was routine, maybe not. I’m taking everything the Secret Service says with a grain of salt.
In a 53-page brief for the U.S. Court of Appeals for the 11th Circuit, in Atlanta, the Justice Department broadly challenged the legal legitimacy of orders last month by Judge Aileen M. Cannon, who blocked investigators from using the materials and appointed an independent arbiter to sift them for any that are potentially privileged or Mr. Trump’s personal property.
The Justice Department already succeeded in persuading a panel of the Atlanta-based court to exempt about 100 documents marked classified from Judge Cannon’s move — a decision the Supreme Court declined to overturn this week. In its new filing, the Justice Department asked the appeals court to reverse her order for the remaining 11,000 or so records.
“This court has already granted the government’s motion to stay that unprecedented order insofar as it relates to the documents bearing classification markings,” the filing said. “The court should now reverse the order in its entirety for multiple independent reasons.” [….]
The Trump legal team is due to file a brief in November. The date of any oral arguments has not yet been announced, but the appeals court has granted a Justice Department request that it expedite consideration of the case. It may rule on the appeal before Judge Cannon receives the special master’s report and rules on any contested documents.
The dispute is the opening round in the main part of the Justice Department’s appeal of the orders by Judge Cannon as part of a lawsuit Mr. Trump filed after the F.B.I. carried out a court-ordered search of his Florida club and residence, Mar-a-Lago, in August.
Federal investigators contacted at least two aides to former President Donald Trump months before the FBI searched his Mar-a-Lago resort and have sought to talk to them again in recent weeks, people familiar with the matter said, as the Justice Department examines possible obstruction of its efforts to retrieve hundreds of government and classified documents.
Dream of a Cat, by Norbertine Bresslern-Roth,1977
The aides, Walt Nauta and Will Russell, are witnesses in the Justice Department’s investigation into the handling of presidential and classified records taken from the White House but aren’t formally cooperating with the probe, the people said. Mr. Russell hasn’t personally spoken to investigators, who are communicating directly with his counsel.
Mr. Nauta, a former military valet who went to work at Mar-a-Lago after Mr. Trump left the White House, was seen on surveillance footage moving boxes from a storage room before and after investigators issued a subpoena in May seeking the documents’ return, the people said. Mr. Nauta told investigators that he did so at Mr. Trump’s request, one of the people said.
The federal interest in Mr. Russell hasn’t been previously reported. He served in the Trump White House, including as a coordinator of presidential travel, and went on to work for the former president in Florida after he left office. Mr. Russell had previously been subpoenaed in connection with the Justice Department’s investigation of the Jan. 6, 2021, riot at the U.S. Capitol. The FBI’s questioning of Mr. Nauta was earlier reported by the New York Times….
The Wall Street Journal previously reported that the extraordinary Aug. 8 search came after at least one person familiar with the stored papers told investigators there were more sensitive documents at Mar-a-Lago beyond what they had received in June through a grand jury subpoena.
Those two had better watch their backs. Now that their names are out there they’ll likely be dealing with death threats from the Trump cult.
I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.
Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.
…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.
Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.
In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.
Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.
In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”
Oz also opposes abortion, so he doesn’t have a problem with women dying either.
There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.
Pierre Bonnard, Autumn View, 1912
Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.
A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.
The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.
The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.
“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.
No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.
The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.
Read more at the link.
A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.
New details on the types of government, business, and personal records federal investigators found at Mar-a-Lago: https://t.co/13V6tKemEa
(For technical reasons we don't have a link to the document in the piece at the moment, but here it is: https://t.co/jSDjDvHiPR)
The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.
Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.
As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.
And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)
Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.
Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.
The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.
Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.
She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.
Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.
Autumn in Bavaria, Wassily Kandinsky, 1908
But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.
One thing is clear: The boxes were packed when the movers got there.
While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.
After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.
Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.
Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:
In this single clip Trump tells Hannity about his process of telekinetic declassification (not a thing) then speculates the FBI might’ve been looking for Hillary’s emails in Mar-a-Lago (he didn’t really seem to be joking). Wild stuff. pic.twitter.com/ehX8QqTnmB
Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.
Me on how the Eleventh Circuit didn’t just reject Judge Cannon’s intervention in Trump’s case; it went out of its way to pour cold water on right-wing claims that the entire investigation and search are just bad faith harassment by DOJ:https://t.co/nSALmcdJ8Y
For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.
For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.
The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.
The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).
What the three-judge panel–including two judges appointed by Trump–said:
Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.
Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….
But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….
In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.
You might also check out this straight news piece by Charlie Savage, et al. at The New York Times:
BREAKING: Appeals court (2 Trump appointees and 1 Obama appointee) grants DOJ request to block part of Cannon's order, restores investigators access to docs marked as classified and excludes them from special master review. w/ @alanfeuer@GlennThrushhttps://t.co/bhRfdejx4E
In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.
Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.
In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.
New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.
The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.
With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.
Read the rest at Just Security. Here’s John Buss’s commentary:
What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.
First on CNN: The House January 6 committee reaches an agreement to interview Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas https://t.co/z9h6Bnk7Xn
The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.
Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”
But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.
Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.
She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.
It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.
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.
peej
Carissa
bostonboomer
dakinikat
ecocatwoman
grayslady
mablue2
JJ Lopez aka Minkoff Minx
NW Luna
peggysue22
quixote
skydancingguestblogger
Mona (aka Wonk the Vote)
Sky Dancing 
Recent Comments