Wednesday Reads: MAGA Republicans in Disarray

Good Day!!

Hugo Scheiber, Man Reading Newspaper 1918

Hugo Scheiber, Man Reading Newspaper, 1918

Yesterday was a huge news day. The top story was the decision by the DC Circuit Court ruling stating that  Trump does not have immunity from prosecution for crimes committed as president. Now Trump must decide by Monday whether to take the case to the Supreme Court.

On Thursday, the Supreme Court will hear arguments regarding the Colorado case arguing that the 14th Amendment makes Trump ineligible to appear on the state’s primary ballot.

Trump is also awaiting a decision from Judge Engoron in the New York fraud case that could potentially bankrupt him.

In addition, Republicans in the House and Speaker Mike Johnson failed miserably as he lost two votes he put on the floor: aid to Israel and  impeachment of Homeland Security Secretary Alejandro Mayorkas. On top of that, the head of the RNC announced her resignation.

In the Senate, Mitch McConnell knifed Senator James Lankford in the back after assigning him to negotiated a border bill that included aid to Ukraine and Israel. Democrats gave Republicans everything they wanted, but they backed down on Trump’s orders.

I’ll get to as many of these stories as I can.

Kyle Cheney and Josh Gerstein at Politico: Trump is not immune from prosecution for bid to subvert the 2020 election, appeals court rules.

Former President Donald Trump — and indeed any other former president — may be prosecuted for alleged crimes they committed while in office, a federal appeals court panel ruled Tuesday.

The unanimous 57-page decision from a three-judge panel of the D.C. Circuit Court of Appeals is a major win for special counsel Jack Smith, who is seeking to put Trump on trial this year on federal felony charges stemming from his efforts to overturn the 2020 election.

Trump quickly vowed an appeal, which could be at the Supreme Court by Monday.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the D.C. Circuit judges wrote. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

The ruling affirms U.S. District Judge Tanya Chutkan’s historic conclusion that former presidents may be prosecuted for crimes they committed in office, even if those alleged crimes arguably related to their official duties. Trump had argued that former presidents could not be prosecuted for such actions without first being impeached and convicted by Congress.

The judges put their decision on hold only until Monday to allow Trump to ask the Supreme Court to take up the immunity fight on an emergency basis. If he does so, the decision won’t take effect until the high court acts on his request, the appeals panel decreed.

Trump could also ask the D.C. Circuit to rehear the case. But the panel said doing that won’t delay the return of the case to Chutkan, the trial judge, unless the full bench of the D.C. Circuit agrees to a rehearing, which requires a majority of the 11 active appellate judges.

The force of Tuesday’s unanimous ruling Tuesday, backed by two liberal judges and one staunch conservative, may have been worth the wait for Smith. Rather than a splintered decision that could be picked apart more easily, the ruling lays out a groundbreaking legal and political framework for bringing a former president to trial.

The Newspaper, by Aldo Luongo

The Newspaper, by Aldo Luongo

At The Atlantic, George Conway writes: An Airtight Ruling Against Trump. In a masterful opinion, the D.C. Circuit rejected the former president’s bid for immunity.

On July 24, 1974, when the Supreme Court issued its decision in United States v. Nixon, ordering President Richard Nixon to produce the Watergate tapes, the president turned to his chief of staff, Alexander Haig, to understand what had just happened. He later recounted the exchange in his memoirs:

“Unanimous?” I guessed.

“Unanimous. There’s no air in it at all,” he said.

“None at all?” I asked.

“It’s tight as a drum.”

These words echoed through my mind today, nearly 50 years later, as I read the historic opinion of the United States Court of Appeals for the District of Columbia Circuit in United States v. Trump, holding that former President Donald Trump does not enjoy immunity from prosecution for any crimes he committed in attempting to end constitutional democracy in the United States.

The result was no surprise. As I said last month, no one who attended the oral argument could have believed Trump had any chance of prevailing. The question was timing: How long would an appeal delay Trump’s trial, originally scheduled for March 4? Many of us thought that the decision might come sooner, perhaps within days of the argument, given how quickly the court had scheduled briefing and argument. And by the end of last week, some commentators had, by their own reckoning, reached the “freakout stage” as to why the decision was taking so long.

They—and we—needn’t have worried. Issued exactly four weeks after the argument, the court’s decision came plenty fast. It’s not that often that you get a unanimous 57-page decision on novel questions of law in 28 days. And you almost never get an opinion of this quality in such a short period of time. I’ve read thousands of judicial opinions in my four decades as a law student and lawyer. Few have been as good as this one.

Unanimous. No air. Tight as a drum. The court’s per curiam opinion—per curiam meaning “for the court,” in that no individual judge authored it—is all that and more. It’s a masterful example of judicial craftsmanship on many levels. The opinion weaves together the factual context, the constitutional text, the judicial precedent, history, the parties’ concessions, and razor-sharp reasoning, with no modicum of judicial and rhetorical restraint, to produce an overwhelmingly cohesive, and inexorably convincing, whole. The opinion deserves a place in every constitutional-law casebook, and, most important—are you listening, members of the Supreme Court?—requires no further review.

The opinion far exceeds any commentator’s poor power to add or detract, so I’ll mostly let it speak for itself. The bottom line:

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.

I shared this as a gift link (see above), so you should be able to read the whole piece without a subscription.

You can also check out this article at Just Security: How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines.

On the Colorado case, Anne E. Marimow writes at The Washington Post: In Trump’s Colorado case, Supreme Court will make and face history.

The Supreme Court on Thursday will confront the critical question of Donald Trump’s eligibility to return to the White House, hearing arguments in an unprecedented case that gives the justices a central role in charting the course of a presidential election for the first time in nearly a quarter-century.

reading-the-newspapers-LENTULOV, ARISTARKH

Reading the Newspapers, by Aristarkh Lentulov

The justices will decide whetherColorado’s top court was correctto apply a post-Civil War provisionof the Constitution to order Trump off the ballot after concluding his actions around the Jan. 6, 2021, attack on the Capitol amounted to insurrection.Primary voting is already underway in some states. Colorado’s ballots for the March 5 primary were printed last week and include Trump’s name. But his status as a candidate will depend on what the Supreme Court decides.

Unlike Bush v. Gore in 2000, when the court’s decision handed the election to George W. Bush, the case challenging Trump’s qualifications for a second term comes at a time when a large swath of the country views the Supreme Court through a partisan lens and a significant percentagestill believes false claims that the last presidential election was rigged.

The justices — especially their cautious, consensus-building chief, John G. Roberts Jr. — may be reluctant to wade into such a politically fraught dispute, experts say. The court could rule more narrowly, finding, for example, that Colorado was wrong to bar Trump from the ballot because of a technicality.

But election law experts have implored the justices to definitively decide the key question of whether Trump is disqualified under Section 3 of the 14th Amendment, settling the issue nationwide so that other states with similar challenges to Trump’s candidacy follow along.

They warn of political instability not seen since the Civil War if the court was to overturn Colorado’s ruling but leave open the possibility that Congress could try to disqualify Trump later in the process, including after the general election.

“You can see this one coming. There are flashing red lights warning 10 months before the election that chaos this time is not only possible but more than likely given that 2020 broke the norm and dented the guardrails,” said veteran Republican election lawyer Benjamin Ginsberg, who played a central role for Bush in the Florida recount.

Note the other SCOTUS cases coming up:

Trump’s eligibility is not the only question before the court that could affect the former president’s political future. Later this term, the justices are set to review the validity of a law that was used to charge hundreds of people in connection with the Jan. 6 riot and is also a key element of Trump’s four-count federal election obstruction case in Washington. Trump’s claim that he is protected by presidential immunity from being prosecuted for trying to block Joe Biden’s 2020 election victory also appears headed to the high court after the U.S. Court of Appeals for the D.C. Circuit ruled against Trump this week.

In the Colorado case, the justices will have to weigh untested legal issues against the backdrop of broad concerns about democracy. Put simply, should the ramifications of disqualifying the leading Republican candidate in the midst of the primary election outweigh the consequences of allowing a candidate to run again after he tried to subvert the outcome of the last election?

In the civil fraud case in New York, we are awaiting a decision by Judge Arthur Engoron, but there is a problem. The Trump Organization’s former CFO Allan Weisselberg is trying to negotiate a settlement with the Manhattan DA in the election interference case, because he may have committed perjury in that case. Judge Engoron wants to know whether that affects his case.

The New York Times: Judge in Trump’s Civil Fraud Case Asks Whether a Key Witness Lied.

The judge overseeing Donald J. Trump’s civil fraud case has questioned whether a key witness committed perjury during the former president’s trial, a new court filing shows.

The judge, Arthur F. Engoron, asked Mr. Trump’s lawyers to address the truthfulness of the witness, Allen H. Weisselberg, Mr. Trump’s longtime chief financial officer. Mr. Weisselberg and Mr. Trump are both defendants in the case, which was brought by the New York attorney general, Letitia James.

man-reading-newspaper-cliff-wilson

Man Reading Newspaper, by Cliff Wilson

Justice Engoron, who is expected to issue a decision in the nonjury case this month, cited a recent New York Times article about Mr. Weisselberg’s testimony. The article reported that Mr. Weisselberg, 76, is negotiating a potential agreement with the Manhattan district attorney’s office that would require him to plead guilty to perjury for his testimony.

“I of course want to know whether Mr. Weisselberg is now changing his tune, and whether he is admitting he lied under oath in my courtroom at this trial,” Justice Engoron wrote to the lawyers on both sides of the case in a recent email made public on Tuesday.

The complex situation stems from overlapping criminal and civil cases brought by the two New York law enforcement agencies.

The district attorney, Alvin L. Bragg, has jurisdiction over perjury and other crimes committed in Manhattan. In addition to scrutinizing Mr. Weisselberg’s testimony in the civil fraud case, Mr. Bragg is preparing to put Mr. Trump on trial next month for criminal charges stemming from a hush-money payment to a porn star.

In the civil fraud case, the attorney general, Ms. James, accused Mr. Trump, Mr. Weisselberg and others of fraudulently inflating the former president’s net worth and is asking the judge to impose a roughly $370 million penalty. The monthslong trial took place in the fall.

Mr. Weisselberg was one of more than 40 witnesses. While it is unclear which of his statements might have caught the district attorney’s attention, the attorney general’s office stopped questioning him shortly after Forbes magazine published an article in which it accused Mr. Weisselberg of having lied under oath about his involvement in valuing Mr. Trump’s penthouse apartment.

As to how Trump will manage to pay the huge settlement that is very likely coming from Judge Engoron, Jose Pagliery writes at The Daily Beast: Inside Donald Trump’s Incredible Cash Crunch.

Donald Trump is just days away from getting slammed with a court judgment that could be worth hundreds of millions of dollars as a punishment for his decades of bank fraud with the Trump Organization. And two little-known New York laws could leave Trump scrambling for cash: a requirement that he immediately front the money to appeal the decision, and a sky-high state interest rate.

During a deposition with the New York Attorney General in April 2023, Trump boasted that he had $400 million in cash, bragging about how it’s “a lot for a developer.” But even if that were true, it likely won’t be enough to simultaneously cover last month’s $83 million verdict at his rape defamation trial—which he needs to immediately set aside to appeal that case—and the $370 million demanded by the AG for his incessant lying to banks.

arne-kavli-woman-reading-newspaper

Woman Reading Newspaper, by Arne Kavli

While the judge deciding the bank fraud case hasn’t come up with a final figure that Trump owes, every indication is that it will be into the hundreds of millions. A message from the judge on Tuesday actually suggested it could be even more than what the New York AG is seeking.

Trump’s sudden cash demands are exacerbated by a quirk in New York law. Not only would the judgment get automatically inflated by an unusually high interest rate of 9 percent, but Trump would need to give the court the enlarged total—plus an extra 10 to 20 percent—in order to appeal and have another day in court. And it would all be due by mid-March.

The self-proclaimed billionaire real estate tycoon is about to be caught in a trap of his own making, forced to front a massive amount of cash and possibly liquidate assets—while potentially unable to access the money, because the court order could limit his ability to tap his Monopoly board of properties.

Meanwhile, Trump also faces mounting difficulty in finding surety companies and banks to guide him through the appeal, because his credibility is the very focal point of the case in question. (Trump also has a long history of stiffing banks and creditors.)

One more interesting read (h/t JJ) by Ankush Khardori at New York Magazine: What Happens, Exactly, If Trump Is Sentenced to Prison? New York Mag. usually allows only one free article, so clear your cashe before you head over there.

On the embarrassing day for House Republicans:

David Kurtz at Talking Points Memo: Republicans Are Flailing Like Never Before And It’s Amazing To Behold.

The House GOP under Speaker Mike Johnson is flopping around like a fish in the bottom of the boat.

In a nearly unprecedented failure, Johnson brought articles of impeachment to the House floor and lost. He lost! He didn’t have the votes! He couldn’t do the math!

It was a spectacular and unexpected failure. The impeachment was bogus to begin with. Homeland Security Secretary Alejandro Mayorkas had not committed any high crimes or misdemeanors and hadn’t even been accused of doing so. This was purely a political impeachment, designed to front the border issue for the House GOP and Donald Trump in an election year. So even on its own terms as a political hatchet job, Johnson was unable to get the job done.

House Republicans insist they can bring the impeachment back to the floor later and win because Rep. Steve Scalise (R-LA) would have been the deciding vote last night but was absent for treatment for cancer. We shall see.

As a fitting coda to the day, Johnson brought up an Israel funding bill right after the impeachment vote, and it failed, too.

Stephen Collinson: How a botched impeachment laid bare a GOP House that cannot function.

Once Mike Johnson’s speakership was merely implausible. Now it looks incompetent.

The rookie Republican leader – already struggling to wield a tiny, extreme and malfunctioning majority – suffered a spectacular embarrassment on Tuesday night in a failed vote to impeach Homeland Security Secretary Alejandro Mayorkas.

The drama undermined what was already a questionable case for impeachment – more over policy disagreements than the constitutional standard of treason, bribery or high crimes and misdemeanors.

And it told a story of a House in utter disarray.

Joe Reading Newspaper, by David Tanner

Joe Reading Newspaper, by David Tanner

Setting up a high-stakes, televised tour de force for the impeachment of a Cabinet official for only the second time in history was a daring act. But failing to actually pull it off by a couple of votes broke the cardinal rule of not putting a bill on the floor until the numbers are rock solid.

The result was a debacle that made the House leadership a laughing stock.

The failure played into the hands of a White House that delights in portraying Johnson’s majority as an engine for Donald Trump’s political stunts more than a serious governing force. And it raised serious doubts over the GOP’s capacity to pull off another politized maneuver designed to please the former president – an impeachment of President Joe Biden.

The malpractice of Johnson’s impeachment team was encapsulated by Democrats outmaneuvering them to bring a shoeless Rep. Al Green, who was recovering from surgery, to the chamber in a wheelchair to cast a dramatic vote.

Moments after the Mayorkas impeachment failed, Johnson was also unable to pass a standalone bill containing billions of dollars in aid for Israel. It was another busted gambit to jam the Biden administration. The president had threatened to veto the bill in protest of Johnson’s refusal to hold votes on a broader package that also included aid to Ukraine and Taiwan. The speaker said Biden and Democrats should be “ashamed” of failing to support an ally embroiled in a war. But the double failure on the House floor did more to highlight his own deficiencies than discomfort Biden.

On the Senate mess:

Kayla Guo at The Washington Post: As G.O.P. Demolishes Border Deal, One of Its Own Stands in the Wreckage.

It was late on a Thursday afternoon in the marbled halls of the Senate, and a small group of negotiators — one Republican, one Democrat and one independent — had just about finished a painstakingly put together border security compromise it took them months to forge.

But what should have been a triumphant moment felt more like an ordeal for the lone Republican in the trio.

“I feel like the guy standing in the middle of the field in a thunderstorm, holding up the metal stick,” Senator James Lankford, the Oklahoma Republican who was his party’s lead broker of the deal, told reporters last week.

The plight of Mr. Lankford, a slim, understated Baptist minister with a neatly combed shock of red hair and a baritone voice that regularly delivers deadpan quips, reflects the extraordinary rise and fall of the border and Ukraine deal that is expected to collapse in a test vote in the Senate on Wednesday — and the political forces within the Republican Party that brought it down.

For months, Mr. Lankford, a staunch conservative, labored over the package alongside Senators Christopher S. Murphy, Democrat of Connecticut, and Kyrsten Sinema, an Arizona independent, demanding strict immigration policies his party insisted must be a part of any bill to send a fresh infusion of aid to Ukraine. But when Mr. Lankford managed to extract them, he found his fellow Republicans unwilling to embrace the plan, in a vivid illustration of how the political ground for any compromise on immigration has vanished for a party that has decided the issue is too valuable as a political weapon to resolve….

Just as Mr. Lankford and his fellow negotiators neared a deal, former President Donald J. Trump stepped in, trashing the bill both before and after it was released on Sunday and opening the floodgates of Republican resistance. That left Mr. Lankford fighting to keep the deal alive while being attacked by members of his own party, including in his home state, where the Republican Party tried to censure him late last month for “playing fast and loose with Democrats on our border policy.” (The resolution was later rescinded.)

Mr. Lankford said he was only the latest in a long line of lawmakers who had been burned by failed efforts to push through a bipartisan immigration deal.

Read all the details at the WaPo.

That’s it for me today. What’s do you think about all this? What else is on your mind?


Lazy Caturday Reads

Happy Caturday!!

By Matt McCarthy, Surreal Cat Art

By Matt McCarthy, Surreal Cat Art

Today is the third anniversary of the January 6, 2001 Capitol insurrection, which Trump incited and applauded. It was a failed coup attempt–a last ditch effort to keep Trump in power after all his legal efforts had failed.

Yesterday, President Biden spoke about the insurrection in the first speech of his campaign for reelection, and it was a barn-burner.

David Smith at The Guardian: Fired-up Biden shows gloves are off in January 6 anniversary speech.

This time it’s personal. On Friday Joe Biden tore into his predecessor Donald Trump as never before. He brimmed with anger, disdain and contempt. He apparently had to stop himself from swearing. So much for “when they go low, we go high” – and plenty of Democrats will be just fine with that.

If Biden was seeking to jolt his half-conscious 2024 re-election campaign into life, this may have done the trick. The palpable loathing of Trump took a good 10 or 20 years off him. Keep hating like this and he might do a Benjamin Button all the way to election day.

There is no better illustration of Biden’s evolution than a speech he delivered on the first anniversary of the January 6 insurrection. On that occasion, he denounced a “web of lies” but never mentioned Trump by name, preferring to cite the “former president”. Those were still the days when he would talk about “the former guy” and get a laugh.

Two years on, in an address near Valley Forge, Pennsylvania, Biden spoke the name “Trump” more than 40 times in less than an hour as he warned that his likely 2024 opponent would sacrifice American democracy to put himself in power. The 81-year-old president generally seems like a grandfatherly figure predisposed to give people the benefit of the doubt, which makes his detestation of Trump all the more striking.

Trump’s failure to act as a violent mob stormed the US Capitol, despite the pleas of staff and family members, was “among the worst derelictions of duty by a president in American history”, Biden said, noting that Trump went on to lose 60 court cases that took him back to the truth “that I had won the election and he was a loser”….

The president went on to recall how Trump has called the insurrectionists “patriots” and claimed there was a “lot of love” on January 6. At that, Biden shook his head, blinked and let out a gasp of disbelief, as if stunned anew by the assertion. “The rest of the nation, including law enforcement, saw a lot of hate and violence,” he said.

Biden furiously denounced political violence and Trump’s habit of joking about the big lie-influenced intruder who attacked Paul Pelosi, the former House speaker Nancy Pelosi’s husband, with a hammer, saying: “And he thinks that’s funny. He laughed about it. What a sick – ”

He halted. At the last moment, the president of the United States had saved himself from uttering a profanity. The urge coursed through his body and found relief in his hands, which clenched into fists, as the crowd filled in with laughter and whooping. “My God,” Biden said. “I think it’s despicable, seriously, not just for a president but for any person to say that.”

Read the rest at The Guardian. Read the full transcript of Biden’s speech at The White House site.

Andrey Scherbak, Russian artist

By Andrey Scherbak, Russian artist

This review of the speech is by Reid J. Epstein at The New York Times: Biden Condemns Trump as Dire Threat to Democracy in a Blistering Speech.

President Biden on Friday delivered a ferocious condemnation of Donald J. Trump, his likely 2024 opponent, warning in searing language that the former president had directed an insurrection and would aim to undo the nation’s bedrock democracy if he returned to power.

On the eve of the third anniversary of the Jan. 6, 2021, attack on the Capitol by Mr. Trump’s supporters, Mr. Biden framed the coming election as a choice between a candidate devoted to upholding America’s centuries-old ideals and a chaos agent willing to discard them for his personal benefit.

“There’s no confusion about who Trump is or what he intends to do,” Mr. Biden warned in a speech at a community college not far from Valley Forge in Pennsylvania, where George Washington commanded troops during the Revolutionary War. Exhorting supporters to prepare to vote this fall, he said: “We all know who Donald Trump is. The question is: Who are we?”

In an intensely personal address that at one point nearly led Mr. Biden to curse Mr. Trump by name, the president compared his rival to foreign autocrats who rule by fiat and lies. He said Mr. Trump had failed the basic test of American leaders, to trust the people to choose their elected officials and abide by their decisions.

“We must be clear,” Mr. Biden said. “Democracy is on the ballot. Your freedom is on the ballot.”

The harshness of Mr. Biden’s attack on his rival illustrated both what his campaign believes to be the stakes of the 2024 election and his perilous political standing. Confronted with low approval ratingsbad head-to-head polling against Mr. Trump, worries about his age and lingering unease with the economy, Mr. Biden is turning increasingly to the figure who has proved to be Democrats’ single best motivator.

In a speech in New Hampshire, Liz Cheney also issued a dire warning.

The Daily Beast: Liz Cheney Warns That Voting for Trump in 2024 Could Be ‘Last Vote You’ll Ever Cast.’

On the eve of the third anniversary of the Jan. 6 insurrection, former Rep. Liz Cheney (R-WY) warned the 2024 election could be the nation’s last.

Speaking to a room full of Dartmouth College students, Cheney expressed her belief that former President Donald Trump would refuse to hand over the reins of power if elected to a second term.

“He won’t leave office,” Cheney said. “He already tried not to leave office once. So I think there’s a lot of living in a fantasy world that’s going on with Republicans telling themselves, ‘Look, we’ll vote for him, it won’t be so bad.’ It may well be the last real vote you ever get to cast. It will be that bad.”

GiantCats, artist unknown

Giant Cats, artist unknown

What’s more, Cheney looks at her former colleagues in Congress and sees a group of enablers who would happily acquiesce to Trump’s designs and help muscle him back to power if the 2024 election result is in doubt.

The biggest enabler of all, Cheney said, might be her former “good friend” Mike Johnson—the backbencher turned Speaker of the House.

If no presidential candidate is able to secure 270 electoral votes in November, the decision could head to a House floor controlled by Johnson, the architect of the House GOP’s legal efforts to swing the last election to Trump.

“I think we need to be concerned about a Mike Johnson speakership, particularly in an instance where there’s a contested election,” Cheney said on Friday. “It’s a dangerous situation if the Republicans are in the majority.”

The AP discusses the status of the January 6 criminal investigations and trials, as well the unsolved mystery of who planted two pipe bombs.: Hundreds of convictions, but a major mystery is still unsolved 3 years after the Jan. 6 Capitol riot.

Authorities are still working to identify more than 80 people wanted for acts of violence at the Capitol and to find out who placed pipe bombs outside the Republican and Democratic national committees’ offices the day before the Capitol attack. And they continue to regularly make new arrests, even as some Jan. 6 defendants are being released from prison after completing their sentences.

The cases are playing out at the same courthouse where Donald Trump is scheduled to stand trial in March in the case accusing the former president of conspiring to overturn his 2020 election loss in the run-up to the Capitol attack….

More than 1,230 people have been charged with federal crimes in the riot, ranging from misdemeanor offenses like trespassing to felonies like assaulting police officers and seditious conspiracy. Roughly 730 people have pleaded guilty to charges, while another roughly 170 have been convicted of at least one charge at a trial decided by a judge or a jury, according to an Associated Press database.

Only two defendants have been acquitted of all charges, and those were trials decided by a judge rather than a jury.

About 750 people have been sentenced, with almost two-thirds receiving some time behind bars. Prison sentences have ranged from a few days of intermittent confinement to 22 years in prison. The longest sentence was handed down to Enrique Tarrio, the former Proud Boys national chairman who was convicted of seditious conspiracy for what prosecutors described as a plot to stop the transfer of power from Trump, a Republican, to Joe Biden, a Democrat….

Defense attorneys and prosecutors are closely watching a case that will soon be heard by the U.S. Supreme Court that could impact hundreds of Jan. 6 defendants. The justices agreed last month to hear one rioter’s challenge to prosecutors’ use of the charge of obstruction of an official proceeding, which refers to the disruption of Congress’ certification of Biden’s 2020 presidential election victory over Trump.

More than 300 Jan. 6 defendants have been charged with the obstruction offense, and so has Trump in the federal case brought by special counsel Jack Smith. Lawyers representing rioters have argued the charge was inappropriately brought against Jan. 6 defendants.

The justices will hear arguments in March or April, with a decision expected by early summer. But their review of the obstruction charge is already having some impact on the Jan. 6 prosecutions. At least two defendants have convinced judges to delay their sentencings until after the Supreme Court rules on the matter.

On the pipe bombs:

One of the biggest remaining mysteries surrounding the riot is the identity of the person who placed two pipe bombs outside the offices of the Republican and Democratic national committees the day before the Capitol attack. Last year, authorities increased the reward to up to $500,000 for information leading to the person’s arrest. It remains unclear whether there was a connection between the pipe bombs and the riot.

giant_cat_with_a_wireless_tail__ai_art__by_3d1viner_dfkvjsi-414w-2x

Giant Cat with a Wireless Tail, by 3d1viner

One of the biggest remaining mysteries surrounding the riot is the identity of the person who placed two pipe bombs outside the offices of the Republican and Democratic national committees the day before the Capitol attack. Last year, authorities increased the reward to up to $500,000 for information leading to the person’s arrest. It remains unclear whether there was a connection between the pipe bombs and the riot….

The explosive devices were placed outside the two buildings between 7:30 p.m. and 8:30 p.m. on Jan. 5, 2021, but officers didn’t find them until the next day. Authorities were called to the Republican National Committee’s office around 12:45 p.m. on Jan. 6. Shortly after, a call came in for a similar explosive device found at the Democratic National Committee headquarters. The bombs were rendered safe, and no one was hurt.

Video released by the FBI shows a person in a gray hooded sweatshirt, a face mask and gloves appearing to place one of the explosives under a bench outside the DNC and separately shows the person walking in an alley near the RNC before the bomb was placed there. The person wore black and light gray Nike Air Max Speed Turf sneakers with a yellow logo.

In other news, the Supreme Court has agreed to decide whether Trump can be kept off the Colorado primary ballot. Their decision will obviously affect the other similar cases in multiple states. This week, efforts to disqualify Trump based on the 14th Amendment were initiated in Illinois and Massachusetts.

Adam Liptak at The New York Times: Supreme Court to Decide Whether Trump Is Eligible for Colorado Ballot.

The Supreme Court agreed on Friday to decide whether former President Donald J. Trump is eligible for Colorado’s Republican primary ballot, thrusting the justices into a pivotal role that could alter the course of this year’s presidential election.

The sweep of the court’s ruling is likely to be broad. It will probably resolve not only whether Mr. Trump may appear on the Colorado primary ballot after the state’s top court declared that he had engaged in insurrection in his efforts to subvert the 2020 election, but it will most likely also determine his eligibility to run in the general election and to hold office at all.

Not since Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush, has the Supreme Court taken such a central role in an election for the nation’s highest office.

The case will be argued on Feb. 8, and the court will probably decide it quickly. The Colorado Republican Party had urged the justices to rule by March 5, when many states, including Colorado, hold primaries.

The number of challenges to Mr. Trump’s eligibility across the country can only have added pressure on the court to hear the Colorado case, as they underscored the need for a nationwide resolution of the question.

The case is one of several involving or affecting Mr. Trump on the court’s docket or on the horizon. An appeals court will hear arguments on Tuesday on whether he has absolute immunity from prosecution, and the losing side is all but certain to appeal. And the court has already said that it will rule on the scope of a central charge in the federal election-interference case in a decision expected by June.

Mr. Trump asked the Supreme Court to intervene after Colorado’s top court disqualified him from the ballot last month. That decision is on hold while the justices consider the matter.

Cathedral of St. Paul, by JReischl on Deviant Art

Cathedral of St. Paul, by JReischl on Deviant Art

The Supreme Court also agreed to hear an abortion case yesterday, and, since it *only* involves women’s lives and safety, it was overshadowed by the Trump eligibility case. But this one is horrific.

Ann E. Marimow at The Washington Post: Supreme Court to decide if U.S. law requires some emergency room abortions.

The Supreme Court said Friday it will review a case challenging Idaho’s strict abortion ban, which the Biden administration says conflicts with a federal law requiring emergency room doctors to perform the procedure in some circumstances.

Idaho’s attorney general asked the justices to intervene after a lower-court judge blocked a section of Idaho’s abortion statute targeting doctors. The judge said the provision violates a federal law that requires hospitals receiving Medicare funding to guarantee emergency care. In its brief order Friday, the justices allowed the Idaho law to take full effect for now and said they would review the matter on an expedited basis in April.

The Biden administration turned to the Medicare law as a narrow way to challenge state-level abortion bans in federal court after the Supreme Court’s conservative majority overturned the fundamental right to an abortion established decades earlier in Roe v. Wade. The effort was seen as one of the few paths the administration could pursue to preserve access to abortion, which remains a galvanizing and divisive issue across the country in the lead-up to the 2024 presidential election.

The issue of access to abortion in health emergencies is not the only reproductive-rights case to reach the high court this term. The justices also will decide whether to limit access to the widely used abortion medication mifepristonefirst approved by the Food and Drug Administration more than 20 years ago.

Idaho was one of several states to pass a “trigger” law before the 2022 decision in Dobbs v. Jackson Women’s Health, with the expectation that it would automatically take effect if the high court overturned Roe. The Idaho law, passed in 2020, bans most abortions and imposes penalties of up to five years in prison on doctors who perform the procedure, with an exception when “necessary to prevent the death of a pregnant woman.”

Abortion rights advocates and medical experts say the Idaho law, and similar bans in more than two dozen other states, have put doctors and hospitals at legal risk as they navigate life-or-death decisions for pregnant patients and seek to interpret vague medical exceptions to decide whether it is permissible in some circumstances to terminate a pregnancy.

In a similar case in Texas, the conservative U.S. Court of Appeals for the 5th Circuit this week ruled against the Biden administration, saying Texas hospitals and doctors are not obligated to perform abortions under the federal emergency-care law.

From the AP: The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies.

The Supreme Court on Friday allowed Idaho to enforce its strict abortion ban, even in medical emergencies, while a legal fight continues.

The justices said they would hear arguments in April and put on hold a lower court ruling that had blocked the Idaho law in hospital emergencies, based on a lawsuit filed by the Biden administration.

Ariduka55, Japanese artistThe Idaho case gives the court its second major abortion dispute since the justices in 2022 overturned Roe v. Wade and allowed states to severely restrict or ban abortion. The court also in the coming months is hearing a challenge to the Food and Drug Administration’s rules for obtaining mifepristone, one of two medications used in the most common method of abortion in the United States.

In the case over hospital emergencies, the Biden administration has argued that hospitals that receive Medicare funds are required by federal law to provide emergency care, potentially including abortion, no matter if there’s a state law banning abortion.

U.S. District Judge B. Lynn Winmill in Idaho agreed with the administration. But in a separate case in Texas, a judge sided with the state.

Idaho makes it a crime with a prison term of up to five years for anyone who performs or assists in an abortion.

One more from the White House website: Statement from President Joe Biden on Supreme Court Order on Idaho’s Abortion Ban.

Today’s Supreme Court order allows Idaho’s extreme abortion ban to go back into effect and denies women critical emergency abortion care required by federal law. The overturning of Roe v. Wade has enabled Republican elected officials to pursue dangerous abortion bans like this one that continue to jeopardize women’s health, force them to travel out of state for care, and make it harder for doctors to provide care, including in an emergency. These bans are also forcing doctors to leave Idaho and other states because of laws that interfere with their ability to care for their patients. This should never happen in America.

The Vice President and I believe that health care decisions should be made by women and their doctors, not politicians. We will continue to defend a woman’s ability to access emergency care under federal law. As this case continues, the stakes could not be higher for women across America. Congress must immediately restore the protections of Roe v. Wade so that women in every state can access the health care they need.

That’s it for me today. What else is happening?


Lazy Caturday Reads

Happy Caturday!!

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Benson B. Moore, born Washington, DC 1882-died Stuart, FL 1974

We’ve nearly reached the end of 2023. We’re also at the end of the typically slow news time known as “the holidays.” Therefore, there isn’t a lot of breaking news for me to post about. But here are a few interesting stories that are worth reading, along with some cat art from the Smithsonian “artful cats” collection.

Alex Shephard at The New Republic: Elon Musk Is The New Republic’s 2023 Scoundrel of the Year.

In one sense, Elon Musk has gotten exactly what he wanted. For all his talk about free speech, his primary motivation for sinking $44 billion into buying Twitter last year was clearly an unquenchable desire to be the center of attention. After Donald Trump’s defenestration in the wake of the January 6 insurrection, there was a main-character-size hole on the social network: Enter Musk and his infantile need for validation.

That Twitter—now renamed X, for reasons only Musk really understands—is now teetering on the brink of collapse and worth less than half what the world’s second-richest man paid for it is funny. It elicits deserved schadenfreude. Musk entered Twitter’s office carrying a sink—a terrible joke, and one of his better ones—last fall and has subsequently made countless decisions, big and small, all of which have made the platform significantly less viable and less worth spending any amount of time on. It is hard to think of a billionaire who has done more to damage their own reputation in such a short period of time.

Not so long ago, Musk was seen by many as a good tech billionaire, if not the good tech billionaire. While others like Meta’s Mark Zuckerberg built digital trinkets that actively made the world a worse place, Musk was something different: a visionary intent on building real things, whether they be electric cars or rockets, that were aimed at accelerating a Jetsons-like vision of the future. While rivals at Google and Facebook—and, for that matter, Twitter—were hauled before Congress to testify about the deleterious effects of their creations, Musk remained relatively unscathed. Now it is clear that he is not just more villainous than all of them but that he is also a deeply stupid and unserious person.

Elon Musk is evil. While he has mostly made headlines for his incompetence, he has unleashed and legitimized truly heinous forces on Twitter: He has welcomed back some of the world’s most toxic people—Alex JonesDonald Trumpinnumerable Nazis and bigots—and has gone out of his way, again and again, to validate them. That Musk would endorse a heinous antisemitic conspiracy theory, as he did last month, is both unsurprising and reprehensible. It is, more than anything else, a reflection of who he is: He may be fantastically wealthy, but he is also deeply hateful, someone who has decided to devote his fortune and his time to attacking diversity and progress on nearly every front.

Musk has insisted again that he bought Twitter to save it from itself—that the platform had become too restrictive and that, to become a true “digital town square” where the best ideas rise to the top, it needed to welcome everyone. It is now abundantly clear that Musk’s real intention is and always has been to put his thumb on the scale: to elevate his own hateful views about, in no particular order: liberals; the media; diversity, equity, and inclusion programs; trans people; and liberal Jews. He sees Twitter as a weapon, a way to not only push his agenda but to sic his army of loyalist losers on anyone he deems an enemy.

For all of the talk about Musk being a “real life Tony Stark,” he has always been a deeply uncool person’s idea of a cool person: He is, in many ways, a sentient m’lady Reddit post circa 2011. It’s hard to think of a more pathetic figure now: someone scraping the internet for conspiracy theories and “jokes” aimed at affirming his status and influence. He has, again and again, done the opposite: Far from showing himself as a swaggering, popular figure, he has revealed himself to be a venal, thin-skinned moron. He may very well be the most unfunny person alive, a fact reified dozens of times a day.

Wow! Read the rest at The New Republic. I wonder if Musk is too stupid to read TNR. If he does read this, he’ll probably sue Alex Shephard

At HuffPost, SV Date assesses the DeSantis campaign: DeSantis’ 2023: More Than $160 Million Spent To Buy A Collapse In The Polls.

A year after Ron DeSantis led Donald Trump in some 2024 presidential primary polls, and with just weeks to go before the first ballots are cast, the Florida governor is already explaining how Democrats conspired to stop him: by repeatedly charging the coup-attempting former president with breaking the law.

DeSantis’ campaign and super PAC have spent more than $160 million to boost him, and he spent the better part of 2023 on the road. But, he now says, it may not have been enough to overcome the advantage he believes Trump received from getting indicted four times.

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Jacques Hnizdovsky, born Pylypcze, Ukraine 1915-died New York City 1985

“If I could have one thing change, I wish Trump hadn’t been indicted on any of this stuff,” he told the Christian Broadcasting Network last week. “It sucked out a lot of oxygen.” [….]

“The race was decided totally out of their control,” said one DeSantis donor and supporter who spoke on condition of anonymity. “Trump got indicted. And indicted and indicted and indicted. The race was over after the first indictment.”

Other Republicans are less charitable as they describe DeSantis’ steady decline over the year ― which began with GOP donors giving him unsolicited six- and seven-figure checks, saw him spend far more time and energy attacking the Walt Disney Co. and the nation’s top doctor during the COVID pandemic than he ever did taking on the front-runner in his race, and ended with DeSantis some 40 points behind Trump in national polls.

“He started the primary on third base and stole second,” said David Jolly, who served with DeSantis as a fellow Republican member of Congress from Florida. “We’ve now witnessed one of the most expensive and embarrassing collapses in Republican history.”

Fergus Cullen, a former New Hampshire Republican Party chair, wondered about DeSantis’ apparent strategy of trying to win over the roughly one-third of primary voters who are “only Trump,” rather than the two-thirds who are open to someone else….

The Florida governor’s various missteps over the year ― as well as those of his campaign and his supporting super political action committee ― have been well documented, from the time he called Russia’s invasion of Ukraine a “territorial dispute” to the mass campaign layoffs just two months after he officially began his run to the recent dysfunction at the super PAC, Never Back Down.

There’s more at the link.

Historian Heather Cox Richardson weighed in on Niki Haley’s Civil War gaffe at her substack, Letters from an American:

When asked at a town hall on Wednesday to identify the cause of the United States Civil War, presidential candidate and former governor of South Carolina Nikki Haley answered that the cause “was basically how government was going to run, the freedoms, and what people could and couldn’t do…. I think it always comes down to the role of government and what the rights of the people are…. And I will always stand by the fact that, I think, government was intended to secure the rights and freedoms of the people.”

Haley has correctly been lambasted for her rewriting of history. The vice president of the Confederacy, Alexander Stephens of Georgia, was quite clear about the cause of the Civil War. Stephens explicitly rejected the idea embraced by U.S. politicians from the revolutionary period onward that human enslavement was “wrong in principle, socially, morally, and politically.” Instead, he declared: “Our new government is founded upon…the great truth, that the negro is not equal to the white man; that slavery—subordination to the superior race—is his natural and normal condition.” [….]

Haley has been backpedaling ever since—as well as suggesting that the question was somehow a “gotcha” question from a Democrat, as if it was a difficult question to answer—but her answer was not simply bad history or an unwillingness to offend potential voters, as some have suggested. It was the death knell of the Republican Party.

Robert Smithson, American, b. Passaic, New Jersey, 1938–1973

Robert Smithson, American, b. Passaic, New Jersey, 1938–1973

That party formed in the 1850s to stand against what was known as the Slave Power, a small group of elite enslavers who had come to dominate first the Democratic Party and then, through it, the presidency, Supreme Court, and Senate. When northern Democrats in the House of Representatives caved to pressure to allow enslavement into western lands from which it had been prohibited since 1820, northerners of all political stripes recognized that it was only a question of time until elite enslavers took over the West, joined with lawmakers from southern slave states, overwhelmed the northern free states in the House of Representatives, and made enslavement national.

So in 1854, after Congress passed the Kansas-Nebraska Act that allowed the spread of enslavement into previously protected western lands, northerners abandoned their old parties and came together first as “anti-Nebraska” coalitions and then, by 1856, as the Republican Party.

At first their only goal was to stop the Slave Power, but in 1859, Illinois lawyer Abraham Lincoln articulated an ideology for the new party. In contrast to southern Democrats, who insisted that a successful society required leaders to dominate workers and that the government must limit itself to defending those leaders because its only domestic role was the protection of property, Lincoln envisioned a new kind of government, based on a new economy.

Lincoln saw a society that moved forward thanks not to rich people, but to the innovation of men just starting out. Such men produced more than they and their families could consume, and their accumulated capital would employ shoemakers and storekeepers. Those businessmen, in turn, would support a few industrialists, who would begin the cycle again by hiring other men just starting out. Rather than remaining small and simply protecting property, Lincoln and his fellow Republicans argued, the government should clear the way for those at the bottom of the economy, making sure they had access to resources, education, and the internal improvements that would enable them to reach markets.

When the leaders of the Confederacy seceded to start their own nation based in their own hierarchical society, the Republicans in charge of the United States government were free to put their theory into practice. For a nominal fee, they sold farmers land that the government in the past would have sold to speculators; created state colleges, railroads, national money, and income taxes; and promoted immigration.

Click the link to read more serious history.

The rest of the notable news this morning is Trump-related. Here’s what’s happening:

At her substack, Civil Discourse, Joyce Vance writes about latest on Trump lawyer Kenneth Chesebro, (which Dakinikat covered yesterday): What does the new reporting about Kenneth Chesebro mean?

CNN had a lengthy piece late Thursday on Kenneth Chesebro’s statement to prosecutors in Michigan (he is also talking to prosecutors elsewhere), that included his emails with others involved in the fake electors scheme and some audio of his statement to prosecutors. You will recall that Chesebro is a Harvard educated lawyer, who has been attributed with the role of architect of the fake electors scheme. Chesebro was charged in the Fulton County case, where he pled guilty, but with an asterisk. Chesebro continues to maintain that there was nothing illegal about the fake electors scheme. He pled guilty to one felony count of conspiracy to file false documents. He continues to maintain through his lawyer that the fake electors scheme was a legitimate strategy, put into play to protect Trump’s legal options. Chesebro’s attorney has said Trump has nothing to fear from his testimony.

So, Chesebro doesn’t look like a cooperator in the traditional sense. Cooperation means pleading guilty, making a full confession, and agreeing to testify against others. And that doesn’t seem to be what has happened here, making the deal Chesebro got in Fulton County, something of a mystery. Chesebro, at least on the surface, isn’t much of a witness for the government. It seems like he would testify there wasn’t an illegal conspiracy to interfere with the results of the election. In some cases, cooperating witness’ statements evolve overtime. Every prosecutor has put a cooperator on the stand who started out with lies, maintaining their innocence, but evolved progressively over time towards the truth—which then had to be corroborated with other evidence and a candid confession to the lies as well, as the crimes. But that doesn’t seem to be what’s happening here, either.

Cat with Lantern Woodblock print

Cat with Lantern Woodblock print, by Kobayashi Kiyochika

Chesebro, and his “cooperation” remain something of an enigma, which makes this new report all the more interesting. Is Chesebro being more cooperative with prosecutors in Michigan? Has he finally had his come to Jesus moment? But much of the story is not new. The Washington Post, for instance, reported previously on his proffer in Georgia. But the CNN story is illuminating when we put it in context with everything else, and particularly with what we already know from the work of the January 6 committee.

Perhaps the most interesting new detail comes midway through the story, when we learn that prior to Chesebro’s guilty plea in Georgia, his lawyers reached out to Smith’s team. But they have still not received a response (or an invitation to proffer as have others, like Rudy Giuliani) from prosecutors. No reason is offered for this.

CNN obtained access to audio of some of Chesebro’s proffer with Michigan prosecutors, however. He has apparently been on the circuit, speaking with prosecutors in a number of different states where there are investigations in progress. The audio reveals a petulant, childish witness, upset about what he perceives as lies told about him by other Trump campaign lawyers and his financial problems. You can read the entire report from CNN here.

That’s a lot of questions. Read Vance’s take at her substack link above.

At Aaron Rupar’s substack Public Notice, Liz Dye writes about Jack Smith’s latest filing in the January 6 case: Jack Smith’s new motion could obliterate Trump’s DC strategy.

On Wednesday, Special Counsel Jack Smith asked the court to put the kibosh on Donald Trump’s efforts to “turn the courtroom into a forum in which he propagates irrelevant disinformation.” If Judge Tanya Chutkan grants this motion, it will eviscerate the former president’s plan to defend himself in DC by making the case about anything other than his own plot to obstruct the congressional certification of President Biden’s 2020 victory.

Broadly speaking, Trump wants to make the election interference trial into a glorified segment of Steve Bannon’s podcast. As he screams WITCH HUNT on social media, his lawyers accuse Biden of weaponizing the Justice Department and seek to introduce evidence of every crackpot election theory ever aired on Newsmax.

Unsurprisingly, the prosecution would like to avoid all that, so the special counsel has filed a motion to block Trump from bombarding the jurors with irrelevant and prejudicial evidence. And because Smith takes no prisoners, he’s done it in the most aggressive way possible….

Since before the indictment even dropped in August, Trump screamed daily that Biden is directing the Justice Department to persecute him. He also claimed that Biden is controlling the New York criminal and civil cases, as well as the RICO case in Georgia. He never presents any evidence of this because it’s patently ridiculous. The DOJ has no control over state prosecutions, and the entire purpose of the special counsel statute is to remove investigations which pose a conflict of interest from the immediate control of the DOJ….

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Ted Gordon, born Louisville, KY 1924

[The Trump team’s] legal filings are scarcely more subtle. In October, Trump filed a motion to dismiss the case based on “selective and vindictive prosecution” — essentially a claim that the DOJ indicted him solely to kneecap Biden’s 2024 opponent.

The motion itself is a farcical hash of anonymously sourced articles from the supposedly fake news Washington Post and New York Times alleging that Biden confided to his inner circle that he wished AG Garland would be more aggressive. In fact, both stories confirm that Biden stayed far away from the Trump cases, even before Garland handed them off to Smith to avoid the appearance of conflict. Trump’s motion also mangles a quote from a press conference to suggest that “Biden’s publicly stated objective is to use the criminal justice system to incapacitate President Trump, his main political rival and the leading candidate in the upcoming election.” (That’s not remotely what he said.)

Even the most mundane scheduling brief is larded with assertions that “the incumbent administration has targeted its primary political opponent — and leading candidate in the upcoming presidential election — with criminal prosecution.”

In response, Smith argues:

“Through public statements, filings, and argument in hearings before the Court, the defense has attempted to inject into this case partisan political attacks and irrelevant and prejudicial issues that have no place in a jury trial,” Special Counsel Smith argued in a pretrial motion filed Wednesday. “Although the Court can recognize these efforts for what they are and disregard them, the jury — if subjected to them — may not.”

Prosecutors accuse Trump of attempting to engage in jury nullification, that is, securing an acquittal by convincing jurors to disregard the evidence and law in favor of their own personal feelings of justice. They argue that “the defendant should be precluded from raising irrelevant political issues” which might “improperly suggest to the jury that it should base its verdict on something other than the evidence at trial.”

Toward that end, they seek to exclude a broad swath of evidence which maps almost perfectly onto Trump’s motions to compel and to dismiss for selective prosecution.

There’s much more explanation and analysis at the Public Notice link.

Two legal minds weighed in on what the Supreme Court might do about states dropping Trump’s from their ballots.

Adam Liptak at the New York Times: How the Supreme Court May Rule on Trump’s Presidential Run.

The Supreme Court, battered by ethics scandals, a dip in public confidence and questions about its legitimacy, may soon have to confront a case as consequential and bruising as Bush v. Gore, the 2000 decision that handed the presidency to George W. Bush.

Until 10 days ago, the justices had settled into a relatively routine term. Then the Colorado Supreme Court declared that former President Donald J. Trump was ineligible to hold office because he had engaged in an insurrection. On Thursday, relying on that court’s reasoning, an election official in Maine followed suit.

An appeal of the Colorado ruling has already reached the justices, and they will probably feel compelled to weigh in. But they will act in the shadow of two competing political realities.

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Jimmy Tsutomu Mirikitani, born Sacramento, CA 1920-died New York City 2012

They will be reluctant to wrest from voters the power to assess Mr. Trump’s conduct, particularly given the certain backlash that would bring. Yet they will also be wary of giving Mr. Trump the electoral boost of an unqualified victory in the nation’s highest court.

Chief Justice John G. Roberts Jr. will doubtless seek consensus or, at least, try to avoid a partisan split of the six Republican appointees against the three Democratic ones.

He may want to explore the many paths the court could take to keep Mr. Trump on state ballots without addressing whether he had engaged in insurrection or even assuming that he had.

Among them: The justices could rule that congressional action is needed before courts can intervene, that the constitutional provision at issue does not apply to the presidency or that Mr. Trump’s statements were protected by the First Amendment.

“I expect the court to take advantage of one of the many available routes to avoid holding that Trump is an insurrectionist who therefore can’t be president again,” said Nicholas Stephanopoulos, a law professor at Harvard.

Read the rest at The New York Times.

Shan Wu at The Daily Beast: Here’s What SCOTUS Should Do With the Trump Ballot Cases.

The U.S. Supreme Court needs to understand that the disqualification of former President Donald J. Trump under Section 3 of the 14th Amendment from running again for President of the United States is going exactly as it should. The Maine Secretary of State ruled in an administrative proceeding that Trump is disqualified, and the Colorado Supreme Court ruled similarly.

Both states followed the law set forth in the U.S. Constitution that anyone who once took an oath to support the Constitution but then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to enemies of the same” cannot again serve our country. But four other states (Florida, Michigan, Minnesota, California) came out the other way, while fourteen other states (Alaska, Arizona, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming) still have disqualification cases pending. This sets up a potential crazy quilt map of states where Trump is on the ballot in some state but not in others. There is nothing wrong with this. It’s federalism at work.

Under the Constitution, the states have primary power over administering federal elections with Congress also possessing authority to regulate how the elections are run—voter registration being an example. So, the fact that who can run, who can vote and the “time place and manner” in which voting takes place varies from state to state is normal—and, arguably, the high court need not concern itself with these issues.

Woman and Cats, Will Barnet, born Beverly, MA 1911-died New York City 2012

Woman and Cats, Will Barnet, born Beverly, MA 1911-died New York City 2012

Given this, SCOTUS does not have to take the ultimate appeal of any of these cases. Its discretion to take cases is complete, and letting the different cases stand would be an unreviewable decision on their part that would both keep them out of a repeat of their gross interference in the 2000 presidential election where the high court, not the people, made George W. Bush the 43rd President, and perhaps staunch the bleed out of their credibility. But the justices—liberal and conservative alike—are unlikely to be able to resist the glamour of taking on a case that can decide who will be president in 2024, and most legal experts believe they will take on the case.

If the justices do take on the cases, then they should limit what issues they decide to the ones that most clearly relate to Constitutional interpretation. Chief among those is the question of whether the president of the United States is an “officer” of the United States since some—including Trump—argue that the President is not an officer of the United States, and therefore the disqualification provision does not apply.

The justices should dispose of this question by holding that the President is an officer of the United States. To conclude otherwise begs the question of what is the president then? Trump would like the answer to be that the president is an emperor or a king rather than a mere officer serving the Constitution, and that’s what SCOTUS would be anointing him if it concludes that presidents do not hold office.

Read more analysis at The Daily Beast.

I hope everyone is having a nice, peaceful end-of-2023 weekend. All the best for the new year!


Wednesday Reads

Good Morning!!

Foggy Landscape, by Raul Cantu

Foggy Landscape, by Raul Cantu

Pretty soon the U.S. Supreme Court is going to have to get involved in the Trump mess. That became even more likely after the we got big news out of Colorado. The state’s supreme court has banned Trump from the 2024 ballot.

The Washington Post: Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court.

In a historic decision Tuesday, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining that he had engaged in insurrection on Jan. 6, 2021.

The 4-to-3 decision marked the first time a court has ruled to keep a presidential candidate off the ballot under an 1868 provision of the Constitution that bars insurrectionists from holding office. The ruling comes as courts in other states consider similar cases. All seven justices on the Colorado Supreme Court were initially appointed by Democratic governors.

If other states reach the same conclusion, Trump would have a difficult — if not impossible — time securing the Republican nomination and winning in November.

The decision is certain to be appealed to the U.S. Supreme Court, but it will be up to the justices to decide whether to take the case. Scholars have said only the nation’s high court can settle for all states whether the Jan. 6 attack on the U.S. Capitol constituted an insurrection and whether Trump is banned from running.

“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the decision reads. “Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”

The U.S. Supreme Court justices separately are weighing a request from special counsel Jack Smith to expedite consideration of Trump’s immunity claim in one of his criminal cases — his federal indictment in Washington on charges of illegally trying to obstruct Joe Biden’s 2020 election victory. Trump has denied wrongdoing.

The Colorado Supreme Court’s majority determined that the trial judge was allowed to consider Congress’s investigation of the Jan. 6, 2021, attack on the U.S. Capitol, which contributed to the determination that Trump engaged in insurrection.

“We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection,” the majority wrote.

Frosty Morning, by Ottis Adams

Frosty Morning, by Ottis Adams

From Talking Points Morning Memo by David Kurtz: Like It Or Not, The Roberts Court Is About To Be Confronted With The Trump Problem.

The decision by the Colorado Supreme Court to remove Donald Trump from the GOP primary ballot has cast us deeper into uncharted waters.

I had a vague notion even into adulthood that the constitutional order in America was challenged every 50 years or so in ways that stress-tested the system. By that measure, I regret to inform you that we live in extraordinary times.

Since 1998, some of the markers – by the numbers:

  • 3 going on 4 presidential impeachments;
  • 2 winning presidential candidates losing the popular vote;
  • 1 going on 2 presidential elections decided by the Supreme Court;
  • 1 attempted coup; and
  • 4 criminal prosecutions of an ex-president.

While it’s not just Donald Trump, you can see his outsize impact on those numbers.

I’m not of the view that testing constitutional limits is somehow dangerous or ill-advised. We should thoroughly ventilate the 14th Amendment’s Disqualification Clause, as is being done now. It’s been a mistake, in my view, to spend decades circling around but never quite confronting the true extent of executive privilege. In the half century since Watergate, we shouldn’t have operated under the untested specter of a Justice Department opinion that sitting presidents can’t be criminally charged.

So I don’t think there’s anything inherently ill-advised about treating the Constitution as a robust mechanism to be used, tested, amended, and reinvigorated. Not every brush with a constitutional question is a constitutional crisis. (To clear up any possible confusion, I’m talking here about the constitutional structure itself, not the scope of individual rights protected by the Constitution, whose developments have their own history and evolution under the law.)

The next few months are going to see a series of new tests.

Read more, with suggestions for further reading at the TPM link.

More commentary from Rick Hasen at the Election Law Blog: Will the U.S. Supreme Court Keep Donald Trump Off the Ballot ? Some Initial Thoughts.

I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court’s determination that Donald Trump is ineligible to serve as president under Section 3 of the 14th amendment for encouraging insurrection.

Anatoly Deverin

By Anatoly Deverin

My bottom line is that the Colorado opinion is a serious and careful opinion that reaches a reasonable conclusion that Trump is disqualified. Nonetheless the opinion reaches many novel legal issues that the U.S. Supreme Court could decide the other way should that court reach the merits. (The three dissenters on the Colorado court did not really reach the merits.) Trump would need to prevail on only one of these legal issues to win on any appeal, so in some ways the legal odds are with him.

It is far from clear that the U.S. Supreme Court will reach the merits—there are many legal doctrines like ripeness and mootness that would give the Court a way to avoid deciding the issues in the case. But it is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible. Voters need to know if the candidate they are supporting for President is eligible. And if we don’t get a final judicial  resolution before January 6, 2025 a Democratic-majority Congress could decide Trump is disqualified even if he appears to win the electoral college vote. That would be tremendously destabilizing. 

In the end the legal issues are close but the political ramifications of disqualification would be enormous. Once again the Supreme Court is being thrust into the center of a U.S. presidential election. But unlike in 2000 the general political instability in the United States makes the situation now much more precarious.

The media has finally begun talking about Trump’s fascist tendencies and actually comparing him to Hitler. Calder McHugh writes at Politico Magazine: ‘Trump Knows What He’s Doing’: The Creator of Godwin’s Law Says the Hitler Comparison Is Apt.

Any time people start fighting on the internet, someone will inevitably reach for the Hitler comparison. It’s a virtually unbreakable rule known as “Godwin’s law,” named after Mike Godwin, an early internet enthusiast who coined it back in 1990. It’s also understood that often the party mentioning Hitler or the Nazis is losing the argument, though that’s not part of the law itself.

Godwin’s law was invoked this weekend when President Joe Biden’s campaign said former President Donald Trump had “parroted Adolf Hitler” when he accused undocumented immigrants of “poisoning the blood of our country.”

But according to Godwin himself, that doesn’t mean Biden is losing the argument.

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

“Trump’s opening himself up to the Hitler comparison,” Godwin said in an interview. And in his view, Trump is actively seeking to evoke the parallel.

Trump made almost identical comments in an interview with the far-right website The National Pulse in November, around the same time Trump also called his political opponents “vermin” — all rhetoric that Hitler used to disparage Jews.

“You could say the ‘vermin’ remark or the ‘poisoning the blood’ remark, maybe one of them would be a coincidence,” Godwin said. “But both of them pretty much make it clear that there’s something thematic going on, and I can’t believe it’s accidental.”

Comparisons to Hitler and the Nazis happen all the time, particularly in online discourse, but they’re often dismissed as ridiculous or clumsy. When public figures or their staff mention the H-word, it can provoke derision. But the Biden campaign has made a deadly serious statement, and a political wager that the public won’t dismiss the charge as hyperbole.

Read an interview with Godwin at the Politico link.

At The New York Times, Michael Gold writes: Trump, Attacked for Echoing Hitler, Says He Never Read ‘Mein Kampf.’

Former President Donald J. Trump on Tuesday doubled down on his widely condemned comment that undocumented immigrants are “poisoning the blood of our country,” rebuffing criticism that the language echoed Adolf Hitler by insisting that he had never read the Nazi dictator’s autobiographical manifesto.

Mr. Trump did not repeat the exact phrase, which has drawn criticism since he first uttered it in an interview with a right-leaning website and then repeated it at a rally in New Hampshire on Saturday.

But he said on Tuesday night in a speech in Iowa that undocumented immigrants from Africa, Asia and South America were “destroying the blood of our country,” before alluding to his previous comments.

“That’s what they’re doing. They’re destroying our country,” Mr. Trump continued. “They don’t like it when I said that. And I never read ‘Mein Kampf.’ They said, ‘Oh, Hitler said that.’”

He added that Hitler said it “in a much different way,” without making his meaning clear.

Undocumented immigrants, he added, “could be healthy. They could be very unhealthy. They could bring in disease that’s going to catch on in our country.” And he again said that they were “destroying the blood of our country” and “destroying the fabric of our country.”

Mr. Trump and his campaign have dismissed the comparisons between his remark and language used by Hitler using the words “poison” and “blood” to denigrate those who Hitler deemed a threat to the purity of the Aryan race.

In one chapter of “Mein Kampf” named “Race and People,” Hitler wrote, “All the great civilizations of the past became decadent because the originally creative race died out, as a result of contamination of the blood.” In another passage, he links “the poison which has invaded the national body” to an “influx of foreign blood.”

I believe that Trump has never read “Mein Kampf,” because he doesn’t read anything; but I have no doubt that Steven Miller–who writes Trump’s speeches–has read it. Trump was reading these Hitler-like words from his teleprompter.

Winter in the forest, Isaac Levitan 1885

Winter in the forest, Isaac Levitan 1885

Speaking of media troubles, NPR’s David Folkenflik has a troubling scoop about the next boss of The Washington Post: New ‘Washington Post’ CEO accused of Murdoch tabloid hacking cover-up.

When Washington Post owner Jeff Bezos wanted an assured hand to right the newspaper’s shaky finances, he turned to Will Lewis, a 54-year-old former editor of The Daily Telegraph and former publisher of The Wall Street Journal, whom he called “exceptional, tenacious.” Lewis will start as the Post‘s publisher and CEO in early January.

A dozen years ago, media magnate Rupert Murdoch also turned to Lewis when he wanted to find someone to rectify the hacking and bribery scandals engulfing his British Sunday tabloid, News of the World.

Lewis’ publicly stated charge was to root out newsroom corruption, cooperate with police and help settle claims from people targeted by the company’s journalists for voicemail and email hacking. The Guardian called him “News Corp’s clean-up campaigner.”

A very different picture of Lewis emerges from material presented in London courtrooms in recent months and reviewed by NPR. The man picked to lead the Post — a paper with the slogan “Democracy Dies in Darkness”  stands accused of helping to lead a massive cover-up of criminal activity when he was acting outside public view.

In lawsuits against News Corp.’s British newspapers, lawyers for Prince Harry and movie star Hugh Grant depict Lewis as a leader of a frenzied conspiracy to kneecap public officials hostile to a multibillion-dollar business deal and to delete millions of potentially damning emails. In addition, they allege, Lewis sought to shield the CEO of News Corp.’s British arm, News UK, from scrutiny and to conceal the extent of wrongdoing at News of the World‘s more profitable sister tabloid, The Sun.

In sum, the Duke of Sussex and Grant argue that Lewis was a linchpin of efforts to limit the fallout during a key period between late 2010 and 2012.

These concerns about Lewis’ actions have been percolating for years.

Through a spokesperson, Lewis declined to comment to NPR for this story. He previously denied the broad outlines of these accusations, saying they are utterly unfounded. Lewis has not personally been sued as part of any of this current litigation, which offers greater specificity and sweep to the allegations.

Read all the details at the NPR link.

It’s all over for Ron DeSantis; even he must realize that by now. Jake Lahut writes at The Daily Beast: How Ron DeSantis’ $100 Million ‘Death Star’ Collapsed.

Long before Ron DeSantis’ presidential ambitions began to falter, it was clear to anyone paying close attention that there were fatal flaws in his much-hyped political operation.

“I had to have it explained to me the first time DeSantis came here for a parade,” an early DeSantis supporter in New Hampshire recalled to The Daily Beast. “I was gonna show up for the parade and I was informed, ‘This is a Never Back Down event, so you can’t mention anything about the campaign.’ And I was like, what the hell is this?”

This, the New Hampshire presidential campaign veteran would come to learn, was how the DeSantis campaign thought they’d cracked the code to beat former President Donald Trump.

Never Back Down was launched as a super PAC—loaded up with $80 million transferred from DeSantis’ state-level PAC in Florida—designed to carry him to the presidency through sheer force. The prospect of a talent-stocked PAC spending historic sums on organizing and campaign messaging was initially so fearsome that some Republicans dubbed Never Back Down the “Death Star.”

As the New Hampshire source’s befuddlement at the parade showed, however, Never Back Down’s ambitious vision was destined to collide with the strict federal rules barring campaigns and super PACs from cooperating on strategy or even communicating at all.

But few in Republican politics expected just how spectacularly this vaunted Death Star would ultimately implode.

“This will go down as maybe the worst-orchestrated effort in modern presidential history,” said a person familiar with Never Back Down’s operations.

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

After months spent out of sync with the campaign, a number of officials with Never Back Down have either resigned or been fired; top PAC strategists have cursed at each other and nearly come to blows in private meetings; and a new breakaway PAC has formed.

Most troubling of all, DeSantis might be sliding backward in his quest for the presidency despite the staggering sum of nearly $100 million that his PAC has spent to support him.

With DeSantis struggling to maintain even second place as the Iowa and New Hampshire contests near, the governor’s sympathizers are fully considering the consequences of his team’s big bet that they could outsource a huge primary victory to a super PAC.

“It is gonna cost us the election,” the DeSantis supporter, who later switched allegiance to a rival non-Trump campaign, recalled thinking to themselves several months ago, now describing the decision to outsource so many critical functions to Never Back Down as “a huge, huge mistake, and we could not afford one on this.”

“We’ll never win another election if we don’t stop PACs trying to become the campaign,” the former DeSantis supporter said.

Read more details at The Daily Beast.

Three more interesting stories, before I wrap this up:

ABC News: Federal judge orders documents naming Jeffrey Epstein’s associates to be unsealed.

A federal judge in New York has ordered a vast unsealing of court documents in early 2024 that will make public the names of scores of Jeffrey Epstein’s associates.

The documents are part of a settled civil lawsuit alleging Epstein’s one-time paramour Ghislaine Maxwell facilitated the sexual abuse of Virginia Giuffre. Terms of the 2017 settlement were not disclosed.

Maxwell is currently serving a 20-year prison sentence after she was convicted of sex trafficking and procuring girls for Epstein, who died by suicide in 2019 in a Manhattan jail while awaiting trial on federal sex trafficking charges.

Anyone who did not successfully fight to keep their name out of the civil case could see their name become public — including Epstein’s victims, co-conspirators and innocent associates.

Judge Loretta Preska set the release for Jan. 1, giving anyone who objects to their documents becoming public time to object. Her ruling, though, said that since some of the individuals have given media interviews their names should not stay private.

The documents may not make clear why a certain individual became associated with Giuffre’s lawsuit, but more than 150 people are expected to be identified in hundreds of files that may expose more about Epstein’s sex trafficking of women and girls in New York, New Mexico, the U.S. Virgin Islands and elsewhere. Some of the names may simply have been included in depositions, email or legal documents.

Some of the people have already been publicly associated with Epstein. For instance, Harvard law professor Alan Dershowitz is publicly named in the judge’s order. Certain minor victims will remain redacted.

The New York Times: Giuliani’s Money Woes Were a Focus of Ukraine Inquiry, Records Reveal.

Before Rudolph W. Giuliani was ordered to pay $148 million to two Georgia election workers he defamed, and before he owed his own lawyers several million dollars more, federal prosecutors were scrutinizing whether he pursued dubious business dealings in Ukraine to shore up his dwindling fortune, according to court records unsealed late Tuesday.

The documents lifted the veil on a criminal investigation that federal prosecutors spent three years conducting into the dealings of Mr. Giuliani, the former New York mayor who had reinvented himself as Donald J. Trump’s personal lawyer and attack dog.

Apple Grove Moon, Peter Skulthorpe

Apple Grove Moon, Peter Skulthorpe

The investigation, which did not result in charges for Mr. Giuliani, centered on whether he illegally lobbied the Trump administration in 2019 on behalf of Ukrainian officials. Those same Ukrainians helped Mr. Giuliani dig for dirt on Joseph R. Biden Jr., who was then on his way to becoming the Democratic presidential nominee and who would ultimately defeat Mr. Trump in 2020.

The prosecutors had assembled enough evidence to persuade a judge in April 2021 to authorize the seizure of Mr. Giuliani’s phones and computers, an extraordinary step to take against any lawyer, let alone one who had represented a sitting president. And for a time, it appeared as if the prosecutors, working in the same Manhattan U.S. attorney’s office that Mr. Giuliani had presided over decades earlier, might seek to indict him.

But when they failed to find a smoking gun in Mr. Giuliani’s electronic records, the prosecutors notified the judge overseeing the matter that they had ended the long-running investigation.

A spokesman for Mr. Giuliani did not immediately respond to a request for comment late Tuesday.

The judge, J. Paul Oetken, recently ordered the prosecutors to release the search warrant materials in response to a request from The New York Times. Mr. Giuliani consented to the newspaper’s request, as did the government, with certain redactions to protect privacy interests.

While much of the evidence that underpinned the search warrant had already come to light in the media and through Mr. Trump’s first impeachment proceedings in late 2019,the search warrant materials represent the government’s most comprehensive catalog yet of Mr. Giuliani’s ties to Ukraine.

And for the first time, the records explicitly linked Mr. Giuliani’s recent financial troubles to his dealings in Ukraine, suggesting that he did not just want Ukrainian officials’ help in attacking Mr. Biden but also their money.

Spencer S. Hsu at The Washington Post: Judge again turns over Rep. Perry’s phone records to DOJ Jan. 6 probe.

A federal judge on Tuesday granted the Justice Department access to nearly 1,700 records recovered from the cellphone of Rep. Scott Perry (R-Pa.) in a long-running legal battle in the criminal investigation of former president Donald Trump’s efforts to overturn the 2020 presidential election.

Chief U.S. District Judge James E. Boasberg of D.C. gave investigators access to 1,659 records and withheld 396 others after a federal appeals court directed him to individually review 2,055 communications from Perry’s phone to decide which were protected by the Constitution’s “speech or debate” clause, which grants members of Congress immunity from criminal investigation when acting in their official capacities.

The FBI seized Perry’s phone in August 2022 under a court order seeking to understand Perry’s involvement in the machinations that were the subject of Trump’s criminal indictment this August for allegedly plotting to prevent President Biden from taking office.

An outline of the contents of Perry’s sensitive discussions with Trump’s legal advisers, aides and others spilled into public view in a quickly withdrawn court filing last month, revealing details of efforts to gain access to secret intelligence about the election, to replace the attorney general with former Justice Department official Jeffrey Clark and to reverse the department’s finding that Biden had been elected fairly. The filing also described Perry’s discussions with Pennsylvania state officials who supported Trump’s fraud allegations, with private individuals claiming expertise in cybersecurity and with attorneys for Trump’s campaign.

Tuesday’s order will determine which messages investigators with special counsel Jack Smith can actually use as potential evidence in any case, pending an expected renewed appeal by Perry, part of legal fight that has tied up the records for more than a year.

Read more at the WaPo.

That’s it for me today. What are your thoughts? What stories are you following?


Finally Friday Reads: Tossing Trump and Going Local

Good Day, Sky Dancers!

I’ve spent some time this week having to find Keely Cat, who escaped Saturday afternoon and showed up 5 days later.  Everyone was relieved she was home.  She’s included in that number.  Many neighbors helped us, and I got some very good suggestions from online friends, too.  Both BB and JJ have been holding me together and giving me some time to worry and search.  She hadn’t had her seizure meds since Saturday morning.  She’s a bit more animated than the Turtle when she has one.  I gave her a dose today and yesterday after a seizure yesterday morning.  All of us here are much more relaxed and a bit cooler.  We’ve finally escaped the excessive heat, and the house cools down at night.  All of this is a relief for me, and now it’s back to fretting about our national problems.

Several well-respected law professors and judges are insisting that Trump is not qualified to hold office again because of the 14th Amendment, and the argument is turning into court cases.   This is from ABC News.”State election officials prepare for efforts to disqualify Trump under 14th Amendment. New Hampshire, Michigan and Arizona are bracing for lawsuits.”

Efforts to keep former President Donald Trump off the 2024 ballot under the 14th Amendment are gaining momentum as election officials in key states are preparing for or starting to respond to legal challenges to Trump’s candidacy.

The argument to disqualify Trump from appearing on primary or general election ballots in 2024 boils down to Section 3 of the U.S. Constitution’s 14th Amendment, which states that an elected official is not eligible to assume public office if that person “engaged in insurrection or rebellion against” the United States, or had “given aid or comfort to the enemies thereof,” unless they are granted amnesty by a two-thirds vote of Congress.

Several advocacy groups have said that Trump’s actions on Jan. 6, 2021, fit that criteria — that he directly engaged in an insurrection. The legal theory has been pursued, unsuccessfully, against a few other elected Republicans; arguing their actions around Jan. 6 and support for overturning the 2020 election results amounted to the disqualifying behavior.

Trump has denied any involvement in the attack on the Capitol.

“Joe Biden, Democrats, and Never Trumpers are scared to death because they see polls showing President Trump winning in the general election,” Trump campaign spokesperson Steven Chung told ABC News in a statement. “The people who are pursuing this absurd conspiracy theory and political attack on President Trump are stretching the law beyond recognition much like the political prosecutors in New York, Georgia, and DC. There is no legal basis for this effort … “

The push to disqualify Trump under this constitutional clause gained more traction when two members of the conservative Federalist Society, William Baude and Michael Stokes Paulsen, recently supported the idea in the pages of the Pennsylvania Law Review. Following the Baude and Paulsen article, retired conservative federal appeals judge J. Michael Luttig and Harvard Law Professor Emeritus Laurence Tribe made the same argument in The Atlantic.

Now, threats of filings against Trump under this clause are gaining steam in a number of states, including New Hampshire and Arizona and in Michigan, a lawsuit to disqualify Trump was filed on Monday. Secretaries of state say they have started to take steps to prepare for the possibility of administering elections without the current GOP front-runner.

In an interview with ABC News, Michigan Secretary of State Jocelyn Benson, a Democrat, said that she and other secretaries of state from Pennsylvania, Georgia, Nevada, New Hampshire and Maine started having conversations over a year ago about preparing for the legal challenges to Trump’s candidacy.

“I’m talking every day with colleagues about this, we’re all recognizing that our decisions that we make may in some cases be the first but won’t be the last and there may be multiple decision points throughout the course of the election cycle,” Benson said. “So, I think the public needs to be prepared for this to be an ongoing issue that is it has several resolution points and evolutions points throughout the cycle.”

But as conversations grow around the use of the 14th Amendment provision, some legal scholars and election officials are increasingly concerned about the practicality of the emerging lawsuits.

I just want to get rid of him one way or another.  Mitch McConnell is getting a lot of attention after his second freeze-up that was captured in pressers.  BB wrote about this and the possible causes yesterday. While McConnell has been “medically cleared” by the physician who attends Congress, many political pundits are now suggesting something “be done” about him. This is from Jack Schafer, writing for Politico. “Why Is Nobody Doing Anything About Mitch McConnell?  Washington is paralyzed as the Senate minority leader freezes up.”

If McConnell were a bus driver or broadcaster or teacher engaged in any other occupation that, like serving as a legislative leader, demands real-time responses, he would have been benched pending a medical examination. Instead, Mitch’s verbal stoppage has been met with paralysis by the political order, which seems incapacitated by his condition. The president and others have voiced their “concerns” for McConnell’s episodes, offering verbal placeholders for the stark questions that demand answers. Instead, apart from the barest of acknowledgments that McConnell will consult a physician, and the prospect of an internal Senate GOP discussion, it’s the Washington establishment that is acting lightheaded and professing that things are fine.

These aren’t the 81-year-old senator’s only recent medical misadventures. He suffered a fall and concussion in March that sent him to the hospital for treatment. In a 2019 tumble at his Louisville, Ky., home, he fractured his shoulder. In October 2020, when reporters noticed his bruised and bandaged hands, he fended off their questions with what has become his boilerplate. “I can just tell you that I’m just fine,” he said. At that time, McConnell aides, aware of the senator’s perambulatory instability, were warning journalists not to get underfoot of the GOP leader as he walked the halls of the Senate lest they prompt another spill.

Older people fall. It’s a fact. President Joe Biden, 80, tripped on a sandbag in June. Older people experience mental lapses. That’s a fact, too. Neither a fall nor a lapse in isolation constitutes a crisis. But McConnell is not your standard-issue example of a stumbling elder who can be patched up and returned to service with little inconvenience to his peers. He’s a leader of the U.S. Senate — brokering judicial and Cabinet appointments, stewarding legislation, mobilizing his party to compete in the 2024 elections, not to mention representing Kentucky. Even a layman could assert McConnell needs advanced treatment and rest without being accused of practicing medicine without a license. And yet, only muffled words of interest in McConnell’s health by other senators have been sounded, mostly upbeat. “After he fell, obviously he was a little bit groggy when he first got back. But he’s picked up a lot more energy since then,” said Sen. Tommy Tuberville (R-Ala.) in July.

McConnell isn’t even the leading example of an aged legislator whose diminished capacity is ignored by the Senate so he can maintain his plush seat of power. Sen. Dianne Feinstein (D-Calif.) appears to be in rapid physical and mental decline — and her supporters have, at least initially, concealed the severity of her health battles. In July, the 90-year-old was so out of it she had to be coached by Democratic colleague Sen. Patty Murray to say “aye” in a committee meeting. Feinstein’s condition has received more attention than McConnell’s, with a half-dozen members of the House calling on her to resign. But for senators, the Feinstein story is like a reel from the black comedy The Death of Stalin, as the senators remain as timid as the Politburo members gathered around Joseph Stalin’s deathbed who refused to replace him until he was absolutely cold.

What the Senate needs is not a legal measure like the 25th Amendment, which governs the replacement of a mentally or physically faltering president. Nor would age limits for senators, which would reduce the body’s gerontological problem, automatically remedy the current state. People under 65 can have debilitating strokes or other mentally sapping medical problems. Neither would a medical board empowered to certify the mental and physical health of legislators do the trick. Some of us barely want to heed our doctors’ advice. Who wants to assign them to review who can serve in Congress?

What the Senate needs is some spine. Instead of playing the supportive colleague for other legislators who struggle to do their jobs or otherwise turn their backs on the infirm and doddering, senators need to use their powers of persuasion, their parliamentary skills at replacing leadership and old-fashioned jawboning to persuade the mentally muddled or seriously ill to remove themselves from the pinnacles of power and even, if necessary, to resign.

GOP Candidate and former South Carolina Governor and Ambassador to the UN, Nikki Haley, is less than subtle about McConnell’s condition. “Nikki Haley Calls Senate A ‘Privileged Nursing Home’ After McConnell Freezes. “We need to know they’re at the top of their game,” Haley told Fox News. “You can’t say that right now looking at Congress.” HuffPo writer Kelby Vera watched Fox, so we don’t have to.

Former South Carolina Gov. Nikki Haley urged aging lawmakers to accept “when it’s time to go” after Senate Minority Leader Mitch McConnell (R-Ky.) froze up during a press conference in Kentucky on Wednesday.

Haley, who is running in the 2024 Republican presidential primary, called McConnell’s situation “sad” while appearing on Fox News’ “The Story” on Thursday, where she described the Senate as the “most privileged nursing home in the country.”

“No one should feel good about seeing that any more than we should feel good about seeing Dianne Feinstein, any more than we should feel good about a lot of what’s happening or seeing Joe Biden’s decline,” Haley said, targeting the senior Democratic senator from California and the Democratic president.

Politicians on both sides of the aisle have questioned 90-year-old Feinstein’s fitness for office following her extended absence from the capital earlier this year after a prolonged bout with shingles.

And conservatives have frequently cited Biden’s age among the reasons they believe he’s not fit to be president. Biden, who turns 81 in November, became the oldest candidate ever elected commander in chief when he won the 2020 presidential election.

“What I will say is, right now, the Senate is the most privileged nursing home in the country,” Haley went on. “I mean, Mitch McConnell has done some great things, and he deserves credit. But you have to know when to leave.”

She then repeated her call for term limits and mental competency tests for elected officials over the age of 75.

“I wouldn’t care if they did them over the age of 50,” added Haley, who is 51. “But these people are making decisions on our national security. They’re making decisions on our economy, on the border.”

“We need to know they’re at the top of their game,” she continued. “You can’t say that right now, looking at Congress.”

Haley suggested it was time for “new faces, new voices [and] younger generations” to work in government before saying, “We need to have everybody else understand when it’s time to go.

Please, please tell me that the new voice for Trumperz isn’t Vivek Ramissmarmy.  The last thing we need is another TechBro in a position to wreck society. This is an opinion from the New York Times by David French.  French is not one of my favorites, and he’s Republican, but this is the voice of reason here.  “The Articulate Ignorance of Vivek Ramaswamy.”

Now let’s fast-forward to the present moment. Instead of offering a plausible explanation for their mistakes — much less apologizing — all too many politicians deny that they’ve made any mistakes at all. They double down. They triple down. They claim that the fact-checking process itself is biased, the press is against them and they are the real truth tellers.

I bring this up not just because of the obvious example of Donald Trump and many of his most devoted followers in Congress but also because of the surprising success of his cunning imitator Vivek Ramaswamy. If you watched the first Republican debate last week or if you’ve listened to more than five minutes of Ramaswamy’s commentary, you’ll immediately note that he is exceptionally articulate but also woefully ignorant, or feigning ignorance, about public affairs. Despite his confident delivery, a great deal of what he says makes no sense whatsoever.

As The Times has documented in detail, Ramaswamy is prone to denying his own words. But his problem is greater than simple dishonesty. Take his response to the question of whether Mike Pence did the right thing when he certified the presidential election on Jan. 6, 2021. Ramaswamy claims that in exchange for certification, he would have pushed for a new federal law to mandate single-day voting, paper ballots and voter identification. Hang on. Who would write the bill? How would it pass a Democratic House and a practically tied Senate? Who would be president during the intervening weeks or months?

It’s a crazy, illegal, unworkable idea on every level. But that kind of fantastical thinking is par for the course for Ramaswamy. This year, for instance, he told Don Lemon on CNN, “Black people secured their freedoms after the Civil War — it is a historical fact, Don, just study it — only after their Second Amendment rights were secured.”

Wait. What?

While there are certainly Black Americans who used weapons to defend themselves in isolated instances, the movement that finally ended Jim Crow rested on a philosophy of nonviolence, not the exercise of Second Amendment rights. The notion is utterly absurd. If anything, armed Black protesters such as the Black Panthers triggered cries for stronger gun control laws, not looser ones. Indeed, there is such a long record of racist gun laws that it’s far more accurate to say that Black Americans secured greater freedom in spite of a racist Second Amendment consensus, not because of gun rights.

Ramaswamy’s rhetoric is littered with these moments. He’s a very smart man, blessed with superior communication skills, yet he constantly exposes his ignorance, his cynicism or both. He says he’ll “freeze” the lines of control in the Ukraine war (permitting Russia to keep the ground it’s captured), refuse to admit Ukraine to NATO and persuade Russia to end its alliance with China. He says he’ll agree to defend Taiwan only until 2028, when there is more domestic chip manufacturing capacity here in the States. He says he’ll likely fire at least half the federal work force and will get away with it because he believes civil service protections are unconstitutional.

The questions almost ask themselves. How will he ensure that Russia severs its relationship with China? How will he maintain stability with a weakened Ukraine and a NATO alliance that just watched its most powerful partner capitulate to Russia? How will Taiwan respond during its countdown to inevitable invasion? And putting aside for a moment the constitutional questions, his pledge to terminate half the federal work force carries massive, obvious perils, beginning with the question of what to do with more than a million largely middle- and high-income workers who are now suddenly unemployed. How will they be taken care of? What will this gargantuan job dislocation do to the economy?

Ramaswamy’s bizarre solutions angered his debate opponents in Milwaukee, leading Nikki Haley to dismantle him on live television in an exchange that would have ended previous presidential campaigns. But the modern G.O.P. deemed him one of the night’s winners. A Washington

Post/FiveThirtyEight/Ipsos poll found that 26 percent of respondents believed Ramaswamy won, compared with just 15 percent who believed Haley won.

Miss Keely is home.

Republicans make me want to run away from my own country. Trumper and his cult make our country look like something from a Dystopian Science Fiction novel.  But for right now,  Keely is back, my children and their children are in safe states, and I live in a community of Social Aid and Pleasure Clubs. Cultural pride and civic responsibility are a thing down here, even though some of our elected politicians seem to forget about it as quickly as others.

I really fear for this year’s governor’s race.  Trumpsters and his tricksters have made me hypervigilant about local elections.  I hope you’re hypervigilant about yours, too. This is from the Louisiana Luminator.  The commentary is by Greg LaRose. “Questions abound as the Louisiana governor’s race heads into the homestretch.”  The presumed leader in the race, Jeff Landry, refused to show up to the debates. What makes these guys so uncooperative with the Democratic process?  Well, they don’t want democracy.

Even apparent frontrunner Attorney General Jeff Landry, who’s firmly aligned himself with former President Trump and his far-right followers, is a man of mystery to many. He will bypass all but one televised debate, a key opportunity to get his message to the public. The one event he’s committed to so far will take place in a friendly setting he could attempt to pack with his own supporters.

Landry has said he intends to call a special session once in office on the topic of crime. He hasn’t shared any specifics on what he has in mind, other than vilifying authorities in the state’s largest cities for a “catch and release” approach to criminal justice. His plans for education are equally uncertain, other than his frequent conservative appeal to parental rights and rejection of the “woke mob.”

It’s hard to say whether this lack of detail from Landry’s stances will affect his appeal with moderate voters who have been key in recent governor’s races. Sure, Louisiana has grown more conservative as of late, but it’s in question whether its citizenry has moved as far to the right as other Southern states.

Stephen Waguespack and Treasurer John Schroder are positioning themselves as the anti-Landry candidate, although both are strongly conservative in their own right.

Waguespack’s recurring campaign message attempts to frame him as the outsider in the race, but many view him as the quintessential insider given his business lobby background and position in the Jindal administration. He has laid out policy plans if he becomes governor, but he still has to win over voters who may not be convinced he’s the most qualified for the job.

Schroder has been by far the most aggressive in taking on Landry. The two have a history of clashes going back to their time together on the State Bond Commission, which the treasurer chairs and whose procedural financial decisions Landry has attempted to politicize.

Yet in some ways, Schroder is farther right than anyone in the field. He’s selectively played this card on the campaign trail, but it’s not clear yet whether or how he would manifest these views if elected governor.

Hunter Lundy has attempted to position himself as the Christian conservative alternative in the field. Thanks to his ample self-funded campaign, he’s conveyed that message fairly well based on his showing recent polls. Chances are low he can find enough far-right leaning fellow independents to make a serious bid, but he could possibly take enough votes away from Republicans in the race to make the primary more interesting.

And Colorado Springs has the same problem we do in Louisiana. Business Handouts that do nothing but secure political contributions to their puppets.

There are more Republicans and each of them are pretty out there in right field. We do have a candidate for the Democratic party who is likely to win the run-off.  But, the race won’t be easy for Shawn Williams.

Democrat Shawn Wilson could well fall into this same category, even as a favorite to make the runoff as the endorsed candidate of his party. People know him primarily for his role as former secretary of the state transportation department, but that’s not necessarily the positive association Wilson wants it to be.

It’s questionable whether he can follow the path of his old boss, Gov. John Bel Edwards, and appeal to enough moderate voters to give Landry, should he make the runoff, a serious run. Edwards made his anti-abortion stance clear from the start, and Wilson, though personally “pro-life,” espouses the political views of the abortion rights crowd.

What Edwards also had going for him in the 2015 election was running against a hugely unpopular candidate in David Vitter, who didn’t even carry his home Jefferson Parish in the runoff. Edwards also had the support of trial lawyers and his West Point pedigree

For every effort to paint Landry in a negative shade comparable to Vitter, the state Republican Party and political action committees have responded with huge ad buys to boost the attorney general’s profile.

Whether any other candidate can take the momentum away from Landry — or he somehow does so himself — is increasingly in doubt as Election Day nears.

Let us know how things look in your state!  It’s important we keep democracy alive in our states.  It’s also important we don’t elect people with massive discrimination plots and an eye on decimating the local public school systems.

Anyway, I’m going to try to have a nice relaxing day today and just enjoy the return of my prodigal kitty.

What’s on your reading and blogging list today?