Wednesday Reads

Good Afternoon!!

There’s not a lot of exciting politics news today; and that is probably a good thing, considering how bad things are looking for the country in the long run. We only have a little more than a month until Trump moves into the White House and tries to become president for life. 

Have you heard the latest gossip? Donald Trump, Jr., who is still engaged to Kimberly Guilfoyle, has a new girlfriend. 

Olivia Craighead at The Cut: Don Jr. Keeps Stepping Out With a Woman Who’s Not Kimberly Guilfoyle.

Is there trouble in paradise for one of America’s most unsettling couples? Sure seems like it. Donald Trump Jr. and Kimberly Guilfoyle may be on the rocks, if the Daily Mail is to be believed. While the fiancés were spotted together about a week after the election, the tabloid has been all over what looks like Don Jr.’s new relationship with Bettina Anderson, a Republican socialite who lives in Florida. So what’s going on here?

Let’s back up a few months. In September, the Daily Mail reported that Don Jr. and Anderson had been “spotted canoodling” during a brunch date the month prior. According to their sources, this new fling was “the talk of Palm Beach.” One source said that Anderson reached over “to plant a sexy kiss” on Don Jr. three times during their meal at the Honor Bar.

“She seemed totally smitten with Don — and he with her,” the source told the Daily Mail.

Bettina Anderson

Bettina Anderson

Guilfoyle was probably shocked to learn this information, right? Well, not so fast. The day after the first Daily Mail reports, friends of the former Fox News host told the tabloid that she might have had an idea of what was going on.

“Kimberly either didn’t know about Bettina — or didn’t want to know. Did she hear whispers that Don Jr. was fooling around with someone else? Probably,” one of Guilfoyle’s so-called friends said. “She’s no fool but it’s easy to deceive yourself when you’re so committed to someone and believe he’s committed to you.”

Guilfoyle and Trump have been together since 2018, and got engaged on New Year’s Eve 2020 (his birthday). During their time together, she became a mainstay in the MAGA world, often seen at Trump events, delivering speeches at Republican National Conventions, and sharing almost nothing but pro-Trump content on Instagram. By Election Night this year, it seemed like she and Trump Jr. had worked things out, as she stood by his side at his father’s victory speech.

But all was reportedly not well. The Daily Mail is back on the Trumpfoyle beat, and on Tuesday, they reported that the purportedly engaged couple has not been spotted together since November 12. Meanwhile, on Monday, Don Jr. and Bettina were photographed holding hands while out to dinner to celebrate her 38th birthday. The tabloid also reported that he has been living with his new girlfriend at her West Palm Beach townhouse instead of in the $15.5 million mansion he and Guilfoyle bought in 2021.

Gross. Who would want to hang around with Don Jr., much less live with him? I guess it takes all kinds.

According to US Magazine, via Yahoo News, Anderson is “a model and an influencer” with “more than 38,000 followers on” Instagram.

Anyway, Trump Sr. is giving Guilfoyle a consolation prize–He plans to appoint her Ambassador to Greece.

The Daily Beast, via Yahoo News: Trump Sends Don Jr.’s Fiancée Kimberly Guilfoyle Abroad After Split Rumors.

Donald Trump has appointed former Fox News host Kimberly Guilfoyle as his ambassador to Greece—just hours after pictures published by the Daily Mail showed her fiancé, Donald Trump Jr., hand-in-hand with another woman.

“For many years, Kimberly has been a close friend and ally,” the president-elect said in his announcement, which he posted to Truth Social.

Kimberly Guilfoyle and Don Jr

Kimberly Guilfoyle and Don Jr

“Her extensive experience and leadership in law, media, and politics along with her sharp intellect make her supremely qualified to represent the United States, and safeguard its interests abroad. Kimberly is perfectly suited to foster strong bilateral relations with Greece, advancing our interests on issues ranging from defense cooperation to trade and economic innovation.”

Guilfoyle’s nomination requires Senate confirmation and would see her handling foreign affairs.

The announcement hit conspicuously soon after Trump Jr., 46, was pictured cozying up with Palm Beach socialite Bettina Anderson, 38.

Trump Jr. made no comment on the rumors on social media when he congratulated Guilfoyle in a brief statement to X Tuesday night: “I am so proud of Kimberly. She loves America and she always has wanted to serve the country as an Ambassador. She will be an amazing leader for America First.”

There’s more information coming out on Luigi Mangione, the man who has been arrested and charged with murdering of United Health Care CEO Brian Thompson in NYC. Here’s the latest:

The mainstream media has refused to publish Mangione’s “manifesto,” but Ken Klippenstein has posted it on his website:

I’ve obtained a copy of suspected killer Luigi Mangione’s manifesto — the real one, not the forgery circulating online. Major media outlets are also in possession of the document but have refused to publish it and not even articulated a reason why. My queries to The New York Times, The Washington Post, CNN and NBC to explain their rationale for withholding the manifesto, while gladly quoting from it selectively, have not been answered.

I’ll have more to say on this later — on how unhealthy the media’s drift away from public disclosure is — but for now, here’s the manifesto:

“To the Feds, I’ll keep this short, because I do respect what you do for our country. To save you a lengthy investigation, I state plainly that I wasn’t working with anyone. This was fairly trivial: some elementary social engineering, basic CAD, a lot of patience. The spiral notebook, if present, has some straggling notes and To Do lists that illuminate the gist of it. My tech is pretty locked down because I work in engineering so probably not much info there. I do apologize for any strife of traumas but it had to be done. Frankly, these parasites simply had it coming. A reminder: the US has the #1 most expensive healthcare system in the world, yet we rank roughly in life expectancy. United is the [indecipherable] largest company in the US by market cap, behind only Apple, Google, Walmart. It has grown and grown, but as our life expectancy? No the reality is, these [indecipherable] have simply gotten too powerful, and they continue to abuse our country for immense profit because the American public has allwed them to get away with it. Obviously the problem is more complex, but I do not have space, and frankly I do not pretend to be the most qualified person to lay out the full argument. But many have illuminated the corruption and greed (e.g.: Rosenthal, Moore), decades ago and the problems simply remain. It is not an issue of awareness at this point, but clearly power games at play. Evidently I am the first to face it with such brutal honesty.”

John Herrmann at New York Magazine: Luigi Mangione’s Full Story Isn’t Online.

When the identity of Luigi Mangione, the alleged UnitedHealthcare CEO shooter, was revealed on Monday, the online search — a reporting process that’s become a collective online ritual — began. It turns out he left a lot of information online: an active account on X, an Instagram, a Facebook, a Goodreads, a Reddit account, and maybe even a Tinder profile. The dossier came together fast.

Luigi Mangione1

Luigi Mangione

Reporters and social-media users noted possible red flags, strange and eerie fragments of information, and small ironies. On Goodreads, he had posted a contrarian riff on Ted Kaczynski’s manifesto. Was it evidence of violent tendencies? He also reviewed a couple of books about back pain. On X, he posted about AI superintelligence and followed some anti-woke pundits. Had he tumbled down a slippery slope? Was he blackpilled? Some sort of accelerationist? On Reddit, he posted about backpacks and spinal injuries. Had he been hiding in plain sight all along?

In isolation, with the hindsight that they were posted by someone who went on to allegedly assassinate a health-care CEO, these accounts, and some of these posts, assumed new meaning, which is reasonable and understandable: It’s a crazy story that people want to understand, and the way social media has been processing it more broadly is unprecedented in about six different ways. But what’s most striking about Mangione’s extensive online dossier is that, had it been studied before the shooting took place, it wouldn’t have raised much alarm. You can spend hours reading these posts, sifting through his follows, and looking for clues about what Type of Guy he is, but the supportable theories are pretty thin: Mangione had an online profile consonant with his identity and context. He shared and posted and followed like a 20-something striver with a foot in the tech industry, listened to Rogan, and considered himself a rationalist or at least unusually rational….

His media consumption — wellness podcasts, a dash of “heterodox” punditry, tech personalities on X — might have placed him near some worrying ideological tendencies, but no more so than millions of other young men in his social milieu; on digital paper, he’s a bit like one of those young male swing voters that dominated post-election recriminations, albeit with an Ivy on his LinkedIn. If a dating profile led you to these accounts, you might wonder if he was going to talk at you about AI or if he might be sort of socially awkward. You might wonder if he’s a bit of a pod bro, or an RFK guy, but you’d also see a lot of stuff that looks — again, without future context — if not normal, then demographically typical. You wouldn’t have wondered if he was planning an assassination. You’d probably have assumed he was friendly! Now, everyone’s looking for the online trail that leads directly the sidewalk in front of the Midtown Hilton, but they haven’t quite found it. Nor, in 2024, should they expect to.

Herrmann argues that a criminal’s “on-line footprint” doesn’t really reveal who a person is anymore, if it ever did.

Faith in the existence of meaning in the “online trail” started waning when social media achieved full ubiquity. By the mid-2010s, the sorts of evidence you’d find in the aftermath of a shocking news event tended to be either hidden in places like 4chan — intentionally inscrutable communities within a fully mainstream internet — or left behind intentionally to be found and shared in the form of a manifesto, an archived Discord channel, or a recording of the act itself. These revelations could still be illuminating or at least shocking — the Pittsburgh synagogue shooter left a trail of posts on the right-wing social-media site Gab, for example — but in recent years, the post-news deep-dive, which has become a messy and fraught spectacle unto itself, wasn’t producing much in the way of understanding. Mostly, if you were planning a dramatic crime, you knew better than to post about it. If you wanted nobody to see you, or suspect you of anything, you simply didn’t post about it.

Mangione’s stubbornly normal online footprint, and the way the media and public have feasted upon it, marks the closing of this circle. Online, he was a guy with unremarkable niche interests and a serious appetite for boring productivity books. The reflexive assumption that his digital trail must contain essential, decodable truths about his motives has produced less in the way of insight than of fandom, which is constructed online through a similar process of breathless driven data aggregation.

Ashley Southall and Maria Cramer at The New York Times: Police Say Suspect’s Notebook Described Rationale for C.E.O. Killing.

Luigi Mangione, who has been charged with killing the chief executive of UnitedHealthcare at a company investors’ day, was arrested with a notebook that detailed plans for the shooting, according to two law enforcement officials.

The notebook described going to a conference and killing an executive, the officials said.

Luigi Mangione2

Luigi Mangione

“What do you do? You wack the C.E.O. at the annual parasitic bean-counter convention. It’s targeted, precise, and doesn’t risk innocents,” was one passage written in the notebook, the officials said….

When Mr. Mangione was arrested, the authorities also found a 262-word handwritten note with him, which begins by appearing to take responsibility for the murder. The note, which officials described as a manifesto, also mentioned the existence of a notebook. The recovery of the notebook was first reported by CNN.

The suspect saw the killing as a “symbolic takedown,” according to a New York Police Department internal report that detailed parts of a three-page manifesto found with him at the time of his arrest. The report added that the suspect “likely views himself as a hero of sorts who has finally decided to act upon such injustices” and expressed concern that others might see him as a “martyr and an example to follow.” [….]

On his way into court on Tuesday afternoon, Mr. Mangione shouted about “an insult to the intelligence of the American people and their lived experience.”

It was not exactly clear what he was referring to as deputies worked to push him into the courthouse. On Wednesday, the sheriff of Blair County, James E. Ott, said that otherwise Mr. Mangione had not given deputies any problems.

Read more at the NYT.

The NYT has another article about Mangione’s wealthy Baltimore family: The Prominent Maryland Family of the Suspect in the C.E.O. Killing.

Daniel Gilbert at The Washington Post: Severe pain shaped UnitedHealth CEO murder suspect’s view of health system.

Even when Luigi Mangione was surrounded with people who cared about him, he was isolated by a spinal defect that dealt the athletic young man crippling pain and contributed to a jaundiced view of the American health-care system.

Authorities charged Mangione, 26, with murder in the shooting of UnitedHealthcare CEO Brian Thompson in New York, but have said little about a motive for the killing. They found a three-page, handwritten document on Mangione that expressed disdain for the American health-care system, they’ve said.

On Reddit in April, Mangione foreshadowed that skepticism about the health-care industry as he offered advice for getting a doctor to perform spinal surgery.

“Tell them you are ‘unable to work’ / do your job,” he wrote. “We live in a capitalist society. I’ve found that the medical industry responds to these key words far more urgently than you describing unbearable pain and how it’s impacting your quality of life.”

Nothing in his Reddit posts reviewed by The Postindicate violent intentions. Authorities have not laid out their case for what drove Mangione to escalate his frustration with the health system, which is common in the United States, into an allegedly premeditated murder of a prominent health-care executive….

Mangione’s arrest has stunned his friends and family, most of whom appear to have lost touch with him in the last six months.

“We all condemn violence of any kind,” said Josiah Ryan, a spokesman for Surfbreak HNL, a co-living community in Honolulu where Mangione lived for six months in 2022. He added, “There’s sadness, because he was a person who was well-loved and no one saw this coming.”

Mangione's back x-ray

Mangione’s back X-ray

Ryan said that Mangione’s back pain was well known within the Surfbreak community. “It was a real problem for him, and he had to think about that in a way that most 24-year-old young men living in Hawaii would not have to worry about their health,” he said.

Mangione’s struggles with his back pain offer a glimpse into the interior life of a young man who outwardly lived a charmed existence — the scion of a wealthy family in Maryland who was valedictorian of his prestigious private school in Baltimore and earned degrees in computer science from the University of Pennsylvania….

In archived Reddit comments, Mangione doesn’t express anger toward UnitedHealthcare or other health insurers. But the posts chronicle his struggle over years to deal with back pain that became increasingly debilitating.

“From childhood until age 23, my back would always ache if I stood too long, but it wasn’t too bad,” he wrote in February. But as he entered his mid-20s, the pain began to disrupt his life, and he also struggled with cognitive issues.

In a Reddit group focused on brain fog, he wrote, “The people around you probably won’t understand your symptoms — they certainly don’t for me.”

Lots of people live with chronic pain (including me), but we don’t kill people over it.

A bit of Trump crime news: Manhattan DA Alvin Bragg is trying to keep his case against Trump alive. Laura Italiano at Business Insider: Bragg says Trump’s crimes and ‘history of malicious conduct’ are too serious for his hush-money case to be dismissed.

In an 82-page court filing made public Tuesday, Manhattan prosecutors say Donald Trump’s “history of malicious conduct” is too serious for his hush-money case to be dismissed.

The filing, signed by DA Alvin Bragg, also fights Trump’s claim that he enjoys something called presidential-elect immunity — above and beyond the presidential immunity bestowed on him by the US Supreme Court in June.

“There are no grounds for such relief now, prior to inauguration,” Bragg wrote in opposing Trump’s 11th-hour motion to dismiss, “because President-elect immunity does not exist.”

With just six weeks left before his January 20 inauguration — and six months after a Manhattan jury convicted him — Trump is again demanding that New York Supreme Court Justice Juan Merchan immediately dismiss his hush-money case.

It’s his third time trying to void his indictment or his conviction. If successful, Trump would escape altogether his already thrice-delayed sentencing.

NYC Commissioner Bribery Investigation

Manhattan District Attorney Alvin Bragg

The president elect faces as little as no jail time and a potential maximum of four years prison for falsifying 34 business records throughout his first year of office to retroactively hide a hush-money payment to adult actress Stormy Daniels. (Legal experts have said that it’s unlikely Trump would be sentenced to jail time as a 78-year-old first-time offender convicted of low-level felonies, and any jail sentence would be stayed as he appeals.)

Trump paid for Daniels’ silence just eleven days before 2016 election, and jurors unanimously found that he thereby conspired to promote his own election by unlawful means, Bragg wrote.

The evidence presented against Trump was “overwhelming,” reads the filing, which is also signed by a lead prosecutor on the case, Christopher Conroy.

“The crimes that the jury convicted defendant of committing are serious offenses that caused extensive harm to the sanctity of the electoral process and to the integrity of New York’s financial marketplace,” which relies on honest record-keeping, Bragg wrote.

Finally, at Public Notice, Liz Dye writes: Trump plots to steal Congress’s budget authority.

One of the strangest aspects in living in a declining democracy is that everyone is forced to learn about arcane areas of the law … if only to see them trampled by the despot.

The first Trump administration taught us about the Logan Act, the Federal Vacancies Reform Act, and the Presidential Records Act. Those were all about the limits of the president’s authority. Could Trump dispatch Mike Flynn to secretly negotiate with the Russian ambassador before taking office? Could he simply stack federal agencies with his cronies serving in an acting capacity and avoid Senate confirmation? Could he steal or destroy government records?

The answer was an enthusiastic “yes,” thanks to the Supreme Court, with an assist from Judge Aileen Cannon. In the name of ensuring that he can act “boldly” and “without hesitation,” six conservative justices gave the president unlimited authority to commit crimes without fear of prosecution. The imperial presidency is upon us.

But even that blank check isn’t enough for Trump and his enablers. To reshape society, they need the legislative and judicial branches to be more than supine. They need to steal Congress’s power, too. And so, while we’re learning about Trump’s plans to use recess appointments to sidestep the senate’s constitutionally mandated “advice and consent” role, we now have to learn about the Impoundment Control Act of 1974.

I can’t do this important post justice with excerpts, but there’s no paywall, so please go read it at Public Notice. Here’s a bit more.

It all goes back to Nixon

The Constitution vests “the power of the purse” in Congress.

Article I, Section 8, Clause 1, AKA the Spending Clause, specifies that “Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” And Section 9 says that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”

Congress passes the budget and allocates government revenues as it sees fit — that’s just black-letter law. And so in 1972, Congress passed the Federal Water Pollution Control Act, allocating $5 billion for 1973, $6 billion for 1974, and $7 billion for 1975 for municipal sewer updates. President Richard Nixon tried and failed to veto the law, and, after it was passed, he instructed EPA Administrator William Ruckelshaus to allot “[n]o more than $2 billion of the amount authorized for the fiscal year 1973, and no more than $3 billion of the amount authorized for the fiscal year 1974.”

The City of New York sued, and in a 1975 case called Train v. City of New York, the Supreme Court held that Nixon had no discretion to refuse to spend money allocated by Congress. Ruckelshaus was obligated to dispense the $18 billion over three years, despite Nixon’s strong belief that cities should simply live with rotting pipes.

And while that case was percolating through, Congress went one further and passed the Impoundment Control Act, to make it clear to Nixon that he should quit encroaching on their turf and monkeying with the budget….

Under the ICA, the president must either spend the funds obligated by the legislature, or come to Congress with a “special message” and explain why not. Congress then has 45 days to vote for rescission, rescinding the original allocation. If Congress doesn’t agree, or simply ignores the message, the funds must be spent as originally ordained. (Here’s a handy ICA fact sheet from the Dems on the House Budget Committee.)

Elon Musk and Vivek Ramaswamy, who clearly don’t know or care about the separation of powers, are currently promising to slash $2 trillion from the federal budget and delete entire federal agencies through their fake DOGE committee. But even in his first administration, Trump violated the ICA by withholding the defense allocation for Ukraine in 2019.

Read the rest at the link.

That’s all I have for today. We’re having a stormy day here, so I’m going to try to distract myself with a good book. Have a nice day, everyone.


Wednesday Reads

Good Day!!

This is getting ridiculous. On August 27, Trump staged a campaign event at Arlington National Cemetery, supposedly to commemorate the deaths of 13 soldiers in a suicide bombing that took place during the U.S. withdrawal from Afghanistan. This was not an official event, even though Trump tried to pretend it was. He was apparently invited to the private ceremony by 2 of the deceased soldiers’ families.

As we all know by now, a woman representative of the cemetery tried to stop Trump’s people from filming and photographing in Arlington’s Section 60, because federal law forbids it. Two Trump staff members verbally abused the woman and roughly pushed her aside. Later they claimed that she was mentally ill.

A report was filed with police, but the woman declined to prosecute because she feared reprisals from Trump’s goons and thugs. There are still many questions about this incident, chief among them: why has no reporter or other witness revealed the names of the staffers who attacked the woman? And why has the army refused to provide any further information?

Arlington Cemetery

Arlington National Cemetery

Now, a week later, Trump himself is claiming the incident never happened. David Kurtz from TPM’s Morning Memo: Trump: ‘It Was A Made Up Story.’

Since we last touched base on Trump’s Arlington National Cemetery fiasco, none of the big six outstanding questions have been answered – but Trump may have given himself a new self-inflicted wound.

With the Army declaring the case “closed” after the cemetery staffer in fear of MAGA reprisals declined to press criminal charges over the alleged incident and with a holiday weekend allowing attention to drift away from the story, Trump took the curious step of reigniting the firestorm by publicly issuing a complete denial Tuesday that any kind of altercation took place.

Not only did it not happen but the story was “made up,” Trump claimed, by “Comrade Kamala and her misinformation squad.” It was, in Trump’s telling, just a “BEAUTIFUL DAY OF HONOR” with “no fights or problems.”

Here’s what Trump posted, according to NPR

Former President Donald Trump denied Tuesday there was a conflict or “fighting,” during his visit to Arlington National Cemetery last week, calling it a “made up story,” though Army officials said one of their employees “was abruptly pushed aside” by Trump campaign officials.

“It was a made up story by Comrade Kamala and her misinformation squad,” Trump posted on his Truth Social website using the sobriquet he has coined for Vice President Harris, the Democratic presidential nominee. “She made it all up to make up for the fact that she and Sleepy Joe have BLOOD ON THEIR HANDS for the INCOMPETENT AFGHANISTAN Withdrawal – THE MOST EMBARRASSING DAY IN U.S. HISTORY!!!”

Back to David Kurtz at TPM:

So now we have a situation where the Trump campaign disparaged the cemetery staffer has having a “mental health episode,” said she shouldn’t be in her job, suggested she suffered from Trump Derangement Syndrome – and now Trump himself is claiming nothing even happened.

At the same time, the Army seems desperate to make this all go away.

The Army is currently sitting on the police report filed by the cemetery staffer recounting her version of the incident where she was reportedly verbally abused and shoved aside by two Trump campaign staffers when she tried to enforce cemetery rules against political activities.

As of late last week, Democratic staffers on the Senate Armed Services Committee “have been directly communicating with Army officials about the incident, and are in the process of seeking and receiving the information in the report and about what happened,” according to Greg Sargent

At the at same time, House Democratic staffers attempting to looking into the matter are “frustrated” about resistance from the Army they’re running into, Sargent reports:

“Meanwhile, senior House Democrats are privately pushing Army officials to say more clearly what laws or regulations they think may have been broken and to reveal more details about what happened, another aide says, noting that Democratic staffers are encountering resistance, leaving them frustrated.”

With Trump issuing a blanket denial of any incident even occurring, is the Army going to release the police report and provide more details about the incident or leave the cemetery staffer twisting in the wind?

Apparently, even the U.S. Army is intimidated by Trump.

Will Bunch at The Philadelphia Inquirer: The ugly truth we’re missing on Trump, Arlington. [Hint: misogyny]

….[D]espite a week of headlines, there’s one critical aspect to this story I feel is being ignored, even though it is central to the very essence of Trump’s warped campaign.

The people closest to Trump allegedly shoved and verbally abused a woman — because that’s what they do.

And when the woman complained in a formal statement to the U.S. Army, Team Trump gaslit her by accusing her of being a psycho — seemingly part of an intimidation campaign which was meant to scare the accuser from pressing criminal charges.

Steven Cheung2

Steven Cheung

This blatantly sexist bullying of the Arlington employee has worked — just as it’s worked so many times for Trump himself during his decades-long trail of sexual abuse and harassment allegations, and just as violence and gross mistreatment of women hasn’t thwarted the careers of Trump’s male-dominated inner circle.

We shouldn’t let the other unseemly aspects of Trump’s behavior at one of America’s most sacred places obscure the fact that rank misogyny is the lifeblood of this authoritarian crusade to retake the White House, and that contempt for women saturates everything they do. It runs the gamut from taking away reproductive rights and ridiculing any female who doesn’t become a “tradwife,” to the inner circle’s 100% tolerance policies toward sexual harassment, to the ultimate goal of creating doubts that any woman — first Hillary Clinton, now Kamala Harris — is fit to lead the United States.

In the Arlington affair, the circumstances and setting are different, but the Team Trump response carries powerful echoes of practically every time Trump or his subordinates have been accused of misconduct involving women. Consider the best-known case: that of Manhattan writer E. Jean Carroll, who accused Trump of sexually assaulting her in a department-store dressing room in 1996 and has won civil court judgments over both the assault — which the judge characterized as a rape — and the campaign of defamation surrounding it.

In both the Carroll case and the physical attack at Arlington, Trump insisted the woman was making it all up. And you can hear the echoes of what Trump and his lawyers falsely said about Carroll — that she was a lying political operative — in spokesman Steven Cheung’s outrageous claim about the cemetery employee that she was “clearly suffering from a mental health episode” and in campaign chair Chris LaCivita branding her as “despicable.”

These aggressive deny-and-defame tactics have enabled a billionaire-turned-president to brush off more than two dozen credible allegations of sexual harassment or assault over his career, and — in a demoralizing moment of clarity about the brute force of misogyny in America — defeat the first major-party woman nominee in 2016, even after he was caught on tape bragging about his propensity for grabbing female private parts.

Of course J.D. Vance fits in with this gang of woman-haters, as Bunch goes on to discuss.

Gee, I wonder why Trump is doing poorly among women voters? Alexander Bolton at The Hill: Republicans fret over Trump’s free fall among women.

Republican pollster Whit Ayres says “it’s going to be a challenge” for Trump to chip away at Vice President Harris’s big lead among women.

“The real challenge right now for Republicans is whether they can perform sufficiently well among men to overcome the deficit among women. Given the prominence of abortion in this year’s race and Trump’s past statements about women, the traditional gender gap could become a gender chasm,” he warned.

An ABC News/Ipsos poll published Sunday showed Harris with a huge lead over Trump among women, 54 percent to 41 percent, while Trump enjoyed a more modest 51 percent to 46 percent lead over Harris among men.

Especially concerning for Republicans, the ABC/Ipsos poll showed Harris’s standing among women had jumped significantly compared to before the Democratic convention in Chicago, when she led Trump by only 6 points among women.

A Reuters/Ipsos poll published Thursday also showed Harris with a 13-point lead among women, 49 percent to 36 percent, and Trump with a smaller lead among men voters.

Both polls showed Harris with a 4-percentage point overall lead nationwide.

Trump has tried to win over college-educated and suburban women by moderating his position on abortion and backing free in vitro fertilization (IVF) treatments.

But those proposals are meeting a backlash from anti-abortion conservatives, and GOP strategists are skeptical about how much they will influence women who have already moved away from Trump….

Glenn Kessler at The Washington Post Fact Checker also addressed the Arlington incident: Trump appears to have misled Gold Star families on troop deaths in Afghanistan.

“We didn’t lose one person in 18 months. And then they took over that disaster.”

— Former president Donald Trump, in a video of him at Arlington National Cemetery speaking to the families of U.S. troops killed at Abbey Gate in Afghanistan, posted on TikTok, Aug. 28

This TikTok of Trump’s controversial visit to Arlington, where he marked the third anniversary of a suicide bombing that killed 13 U.S. troops during the chaotic evacuation of Afghanistan overseen by President Joe Biden,has been viewed more than 11 million times. Federal law prohibits election-related activities at military cemeteries, but Trump’s entourage pushed past a cemetery employee who tried to prevent Trump’s aides from bringing cameras, according to the Army.

US-POLITICS-VOTE-TRUMP

Trump senior adviser Chris LaCivita

Those cameras appear to have recorded Trump saying these words to the Gold Star families. (The TikTok shows him talking to families as the words are spoken as a voice-over.) In his phrasing, it sounds as if no troops were killed in Afghanistan during the last 18 months of his presidency. That’s false, though as we will show, there was an 18-month gap with no fatalities across Trump’s and Biden’s combined presidencies.

The Facts

A Trump campaign spokesman did not respond to queries about why Trump says there were no fatalities over 18 months. Using the Defense Casualty Analysis System, we first reviewed every 18-month period in Trump’s four years as president, looking only at deaths in hostile action in Afghanistan during Operation Freedom’s Sentinel, not accidental deaths such as in a vehicle or helicopter crash. There was no such period.

Then we focused on the last 18 months of his presidency — July 20, 2019, to Jan. 20, 2021. That makes the most sense since Trump referenced Biden’s taking over. The Defense Department database showed 12 deaths from hostile action in that period. We double-checked with the news releases issued by the Pentagon in that period and confirmed the 12 names.

The last two deaths occurred on Feb. 8, 2020. Javier Jaguar Gutierrez of San Antonio and Antonio Rey Rodriguez of Las Cruces, New Mexico, both 28, werefatally ambushed by a rogue Afghan policeman. Trump, along with Vice President Mike Pence, flew to Dover Air Force Base when the bodies arrived in the United States.

Kessler also notes that Trump initially agreed with Biden’s withdrawal policy, and he (Trump) also bragged that he was the one who set up the process of withdrawal.

In March 2020, Trump approved an agreement with the Taliban (not the Afghan government at the time) for all U.S. forces to leave the country by May 1, 2021. He sealed the deal with a phone conversation with Abdul Ghani Baradar, a co-founder of the Taliban and head of its political office in Qatar. “We had a good long conversation today and, you know, they want to cease the violence,” Trump told reporters at the time. “They’d like to cease violence also.”

Despite abandoning many of Trump’s policies, Biden honored this one, just stretching out the departure by a few months in 2021.

Trump even celebrated Biden’s decision to stick with the withdrawal. “Getting out of Afghanistan is a wonderful and positive thing to do. I planned to withdraw on May 1st, and we should keep as close to that schedule as possible,” he said in a written statement after Biden announced he would continue the departure set in motion by Trump.

At a political rally on June 26 that year, weeks before the collapse of the Afghan government, Trump bragged that he had made it difficult for Biden to change course. “I started the process. All the troops are coming back home. They couldn’t stop the process,” he said. “Twenty-one years is enough, don’t we think? Twenty-one years. They [the Biden administration] couldn’t stop the process. They wanted to, but it was very tough to stop the process.”

Read the rest at the WaPo.

You might also be interested in this piece by Parker Malloy: How the Media Let Trump Off the Hook for His Arlington National Cemetery Stunt.

A couple of updates on Trump’s legal woes:

AP: Federal judge rejects Donald Trump’s request to intervene in wake of hush money conviction.

A federal judge on Tuesday swiftly rejected Donald Trump’s request to intervene in his New York hush money criminal case, spurning the former president’s attempt at an end-run around the state court where he was convicted and is set to be sentenced in two weeks.

U.S. District Judge Alvin Hellerstein’s ruling — just hours after Trump’s lawyers asked him to weigh the move — upends the Republican presidential nominee’s plan to move the case to federal court so that he could seek to have his conviction overturned in the wake of the U.S. Supreme Court’s presidential immunity ruling.

Trump’s lawyers challenged the decision, filing a notice of appeal late Tuesday in the 2nd U.S. Circuit Court of Appeals. Trump and his lawyers “will continue to fight to move this Hoax into federal court where it should be put out of its misery once and for all,” his campaign spokesperson, Steven Cheung, said in a statement.Hellerstein, echoing his denial of Trump’s pretrial bid to move the case, said the defense failed to meet the high burden of proof for changing jurisdiction and that Trump’s conviction for falsifying business records involved his personal life, not official actions that the Supreme Court ruled are immune from prosecution.

Shirin Ali at Slate: Trump’s Last-Ditch Effort to Delay His Sentencing.

Trump has been doing everything he can to avoid his upcoming sentencing in New York, with his attorneys filing a last-ditch motion last week to get the hush money case transferred to federal court. Meanwhile, special counsel Jack Smith filed a new superseding indictment that adjusts for the Supreme Court’s landmark presidential-immunity decision.

106969366-16358675892021-11-02t153839z_1689359001_rc2emq90xivt_rtrmadp_0_new-york-election

Manhattan District Attorney Alvin Bragg

A few days later, Trump’s attorneys responded by proposing a timeline for resolving the Jan. 6 federal case that extends well beyond the November election.Last week, the former president’s attorneys filed a removal notice that requested that his hush money case be transferred to federal court and out of New York Supreme Court Justice Juan Merchan’s hands, about two weeks before his scheduled sentencing on Sept. 18.

This is the second time Trump’s defense team has asked to transfer this case; a district-court judge denied its first attempt earlier this year. However, this time around, Trump’s team has the Supreme Court’s presidential-immunity decision to point to. In a 65-page notice, the lawyers argue that Manhattan District Attorney Alvin Bragg’s case was “flawed” and that he used evidence that should not have been admissible because it’s related to “official acts” covered by presumptive immunity.

“Post-trial removal is necessary under these circumstances to afford President Trump an unbiased forum, free from local hostilities, where he can seek redress for these Constitutional violations,” write Trump’s attorneys.Just three weeks ago, his attorneys also requested that Merchan delay Trump’s Sept. 18 sentencing. Trump has repeatedly tried and failed to get the judge to recuse himself from the hush money trial as well. On Tuesday, Bragg’s office responded to Trump’s removal request, noting that proceedings in state court can continue even as the federal courts consider the request.

That case appears to be decided, but apparently Trump is trying to appeal once again. Back to the Slate article:

The Special Counsel Files a New Indictment

The Supreme Court’s presidential-immunity decision was considered a big win for Trump, but Jack Smith isn’t giving up yet. Last week, the special counsel filed a new superseding indictment in his federal election-interference case against the former president.

The indictment raises the same four counts against Trump as the original did, including for obstruction of an official proceeding, a charge that could be affected by the Supreme Court’s recent ruling in Fischer v. United States. That decision narrowed the scope of the Sarbanes-Oxley Act—it included a section that seemed to broadly outlaw any obstruction of an official proceeding, and the justices ruled that it should apply only to interference with official documents. Smith’s determination to keep the obstruction charges indicates he’s willing to risk litigating the issue further in court.

The superseding indictment also eliminated any mention of former Trump Department of Justice official Jeffrey Clark and cut back significantly on how much it discusses former Vice President Mike Pence’s role. (Trump’s conversations with former DOJ officials and advisers are now considered “official” acts that are covered by absolute immunity and thus cannot be used as evidence, while his conversations with Pence appear to be covered by presumptive immunity.) [….]

Judge Tanya Chutkan has scheduled a hearing Thursday to determine the next steps in this case. Her biggest priority will be to conclude what portions of Smith’s indictment fall under core official presidential acts and what do not. In order to make those decisions, she could find that evidentiary hearings are necessary and require that witnesses testify, though Smith has reportedly been hoping to avoid this kind of minitrial….

The special counsel and Trump’s attorneys filed a joint proposal late last week that laid out two very different timelines for Smith’s federal election-interference case. The former president also indicated that he plans to file a series of motions challenging Smith’s superseding indictment and his appointment to special counsel.

Trump’s attorneys suggested a timeline in which Chutkan considers a series of motions through the end of this year—stretching well past November’s presidential election. Their timeline would have Chutkan considering a motion to dismiss based on presidential immunity in mid-December and pretrial litigation continuing through spring and fall 2025. The defense also acknowledges Smith’s new superseding indictment, arguing that it “correspondingly requires time to review the new charging instrument as [Trump] determines what steps and procedures to undertake regarding, among other motions, his Presidential immunity defense.”

We are going to have to get Kamala Harris elected if we want any chance of Trump finally facing legal accountability.

640px-Ginni_Thomas

Ginni Thomas

I’ll end with one more interesting story from ProPublica: Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much.”

Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court — efforts sparked, in large part, by her husband’s ethical lapses.

Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as “the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.”

Shackelford read Thomas’ email aloud on a July 31 private call with his group’s top donors.

Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”

Shackelford said he saw Thomas’ support as evidence that judges, who “can’t go out into the political sphere and fight,” were thankful for First Liberty’s work to block Supreme Court reform. “It’s neat that, you know, those of you on the call are a part of protecting the future of our court, and they really appreciate it,” he said.

On the same call, Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)

After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording.

Have a nice Wednesday, everyone!!


Wednesday Reads

Gabriele Münter

By Gabriele Münter

Good Morning!!

Yesterday was the second day of Trump’s Manhattan trial for a plot to interfere with the 2016 election by covering up payoffs to extramarital sexual partners and planting fake stories in the National Enquirer.

It was also the second day of testimony by David Pecker, former CEO of American Media, which owned the Enquirer and many other publications. Pecker, Trump, and his lawyer/fixer Michael Cohen orchestrated the fake news operation.

Before the trial resumed, Judge Juan Merchan held a hearing about whether Trump had already violated the terms of his gag order.

A wrap-up of yesterday’s court business at The Washington Post: A secret pact at Trump Tower helped kill bad stories in 2016.

Donald Trump’s 2016 presidential campaign was repeatedly aided by the National Enquirer, which squelched potentially damaging stories about him and pumped out articles pummeling his rivals, the former boss of the supermarket tabloid testified Tuesday during the ex-president’s trial on charges of falsifying business records.

Trump, the first former U.S. president to face a criminal trial, spent his day in the Manhattan courtroom fighting two pitched battles — one against the testimony of former tabloid executive David Pecker, his longtime friend, and another against the increasingly likely prospect that he will be punished by the trial judge for allegedly violating a gag order.

On both fronts, prosecutors seemed to inflict significant damage. At one point, New York Supreme Court Justice Juan Merchan warned Trump lawyer Todd Blanche that he was “losing all credibility.” At another, Trump grimaced and shook his head as Pecker described how he helped kill an allegation — ultimately found to be false — that Trump had a child with a maid at his building.

The busy court day was punctuated by prosecutors detailing the full factual and legal foundation of their case against Trump, one built around a misdemeanor state charge of trying to illegally influence an election.

Pecker, the former CEO of American Media Inc., the company that once ran the Enquirer and other celebrity gossip publications, said he met with Trump and Trump’s then-lawyer Michael Cohen in 2015 to discuss how the tabloid, which had a long relationship with the real estate mogul and reality TV star, could help Trump’s bid for president.

“I said what I would do is I would run or publish positive stories about Mr. Trump, and I would publish negative stories about his opponents,” Pecker testified.

That wasn’t all he pledged to do.

Pecker said he told Trump: “I would be your eyes and ears. … If I hear anything negative about yourself, or if I hear anything about women selling stories, I would notify Michael Cohen as I did over the last several years.”

The deal Pecker described was a mutual back-scratching arrangement in which Cohen would feed stories to the tabloid about Republican rivals like Ted Cruz, and the paper would publish glowing stories about Trump. Pecker said he had a “great relationship” with Trump dating to the late 1980s, but that didn’t seem to be his primary motivation. Stories about the brash celebrity businessman helped sell copies of the tabloid.

NBC News on one of the most dramatic fake stories: National Enquirer made up the story about Ted Cruz’s father and Lee Harvey Oswald, former publisher says.

David Pecker, the former publisher of the National Enquirer, testified at Donald Trump’s trial Tuesday that the tabloid completely manufactured a negative story in 2016 about the father of Sen. Ted Cruz, of Texas, who was then Trump’s rival for the GOP presidential nomination.

Anna Billing

By Anna Billing

The paper had published a photo allegedly showing Cruz’s father, Rafael Cruz, with Lee Harvey Oswald handing out pro-Fidel Castro pamphlets in New Orleans in 1963, not long before Oswald assassinated President John F. Kennedy.

Trump repeatedly referred to the story on the campaign trail and in interviews.

“I mean, what was he doing — what was he doing with Lee Harvey Oswald shortly before the death? Before the shooting?” Trump said in an interview with Fox News in May 2016. “It’s horrible.”

Manhattan prosecutor Joshua Steinglass asked Pecker about the story’s origins during the trial Tuesday in Manhattan. Pecker said that then-National Enquirer editor-in-chief Dylan Howard and the tabloid’s research department got involved, and Pecker indicated that they faked the photo that was the foundation for the story.

“We mashed the photos and the different picture with Lee Harvey Oswald. And mashed the two together. And that’s how that story was prepared — created I would say,” Pecker said on the witness stand.

Asked by Steinglass whether Cruz had gained popularity in the presidential race at the time, Pecker said, “I believe so.”

The revelation came up as the prosecution focused on negative articles that were published by the tabloid about Trump’s Republican opponents at the time. Pecker explained that it was Michael Cohen, Trump’s personal lawyer, who would orchestrate the planting of these stories.

Pecker said Cohen would call and say they’d like his publication to run an article on a certain candidate, adding that Cohen would then send him a piece about Cruz, for example, and the National Enquirer “would embellish it from there.”

The Enquirer also ran negative stories about other Trump opponents in the 2016 Republican primaries and about Hillary Clinton.

Judge Merchan hasn’t yet made a decision on whether Trump violated his gag order, but his decision could be released today.

Rolling Stone on the gag order hearing: ‘Losing All Credibility’: Judge Torches Team Trump’s Gag Order Defense.

Donald Trump’s alleged violations of a gag order restricting him from attacking witnesses, jurors, prosecutors, and court staff during his ongoing criminal hush money trial got their own day in court on Tuesday.

During a tense hearing, Judge Juan Merchan heard arguments from Manhattan prosecutors requesting that Trump be sanctioned for “willful” violations of the gag order — and sparred with Trump’s attorneys over claims of ignorance by the president. No decision was handed down Tuesday, but prosecutors have requested that Trump be fined $1,000 for each violation, and reminded that future violations of the order “can be punished not only with additional fines but also with a term of incarceration of up to 30 days.” [….]

Trump’s attorneys argued that, as a political candidate, the former president needed the freedom to respond to attacks by his critics. Merchan grilled this defense, pressing Trump’s team to back up their argument that witnesses in the case had directly attacked Trump. “I keep asking you over and over again for a specific answer, and I’m not getting an answer,” Merchan said to Trump attorney Todd Blanche.

Merchan also threw out the defense’s argument that Trump’s reposts on Truth Social did not constitute violations of the gag order, as the former president had several people helping run his account. “Your client can wash your hands of it,” Merchan said of reposts, telling Blanche that content doesn’t just “magically” appear on Trump’s account. “It’s not passive […] someone had to do something.”

Blanche at one point insisted to Merchan that Trump was aware of the gag order and trying to comply with it. Merchan wasn’t having it. “You’re losing all credibility,” Merchan responded. “I have to tell you right now, you’re losing all credibility with the court.”

Edvard Munch, Man in the Cabbage Field

Edvard Munch, Man in the Cabbage Field

It’s highly unlikely that the judge will decide to incarcerate Trump for gag order violations, but the Secret Service prepared, just in case.

ABC News: Secret Service prepares for if Trump is jailed for contempt in hush money case.

The U.S. Secret Service held meetings and started planning for what to do if former President Donald Trump were to be held in contempt in his criminal hush money trial and Judge Juan Merchan opted to send him to short-term confinement, officials familiar with the situation told ABC News.

Merchan on Tuesday reserved decision on the matter after a contentious hearing. Prosecutors said at this point they are seeking a fine.

“We are not yet seeking an incarceratory penalty,” assistant district attorney Chris Conroy said, “But the defendant seems to be angling for that.”

Officials do not necessarily believe Merchan would put Trump in a holding cell in the courthouse but they are planning for contingencies, the officials said.

There have not been discussions yet about what to do if Trump is convicted and sentenced to prison….

“Under federal law, the United States Secret Service must provide protection for current government leaders, former Presidents and First Ladies, visiting heads of state and other individuals designated by the President of the United States,” the agency said in a statement. “For all settings around the world, we study locations and develop comprehensive and layered protective models that incorporate state of the art technology, protective intelligence and advanced security tactics to safeguard our protectees. Beyond that, we do not comment on specific protective operations.”

I doubt if that will ever happen, much as I’d like it to. It’s much more likely Trump would be confined to his home with an ankle bracelet.

Yesterday, Trump claimed that thousands of his supporters who wanted to protest his trial outside the courthouse were turned away by police. That just didn’t happen, and he’s frustrated about it.

Amanda Marcotte at Salon: Trump keeps begging for a “rally behind MAGA” — but his supporters aren’t showing up to court.

Donald Trump can’t decide how he wants his supporters to feel about the scene outside of the Manhattan courtroom where he’s being tried on 34 felony indictments for election interference and business fraud. He repeatedly argues that the city he travels through in a daily motorcade to his trial is a war zone. “Violent criminals that are murdering people, killing people” are free to “do whatever they want,” he’s falsely claimed, blasting District Attorney Alvin Bragg as “lazy on violent crime” because he’s supposedly too focused on prosecuting Trump.

By Gary Kim

By Gary Kim

It’s all a lie — crime is way down from the pandemic-related spikes — but it’s one Trump repeats ad nauseam. And it’s constantly reinforced by Fox News, which pushes out a series of misleading stories and images meant to scare their elderly suburbanite audiences into believing that going into the nation’s largest city results in instant murder. Nonetheless, Trump keeps pleading with his followers to run through what they’ve been told is a “bloodbath” in order to, you know, persuade Bragg and presiding Judge Juan Merchan to just give up on this whole trial nonsense.

On Monday, Trump begged his followers on Truth Social to “RALLY BEHIND MAGA” at courthouses, unsubtly suggesting that they model themselves after the mostly imaginary leftist rioters who “scream, shout, sit, block traffic, enter buildings, not get permits, and basically do whatever they want.” When the MAGA hats failed to show, Trump tried to inspire them with a post complaining that it’s “SO UNFAIR!!!” that he doesn’t get throngs of people like the kind seen at the antiwar protest a few miles north at Columbia University. Other than a few scattered people with pro-Trump signs, the mob he longed for never showed. So he took his pleas to the cameras outside the courthouse Tuesday morning:

WordPress won’t let me post the video, but you can see it at the Salon link.

What’s especially funny about all this is that Trump can’t quite admit that his people just aren’t showing up, and keeps on blaming the barricades and the cops. His lies got to the level of childish make-believe on Tuesday afternoon, as he falsely claimed on Truth Social that “Thousands of people were turned away from the Courthouse” while denying that he was “disappointed by the crowds.” Of course, by fantasizing about a massive caravan rallied to his defense, he proved he is not satisfied with reality.

As the New York Times reported, “A day after Trump issued a call for more supporters to gather outside the Manhattan Criminal Courthouse, the number reached its nadir. The number of identifiable Trump fans across the street in Collect Pond Park on Tuesday sank to the mid-single digits, after hovering at about a dozen for a week”

How can this childish man actually have a chance to be POTUS again?

One more article on the Manhattan trial–an opinion piece by Jed Handelsman Shugerman at The New York Times: I Thought the Bragg Case Against Trump Was a Legal Embarrassment. Now I Think It’s a Historic Mistake.

About a year ago, when Alvin Bragg, the Manhattan district attorney, indicted former President Donald Trump, I was critical of the case and called it an embarrassment. I thought an array of legal problems would and should lead to long delays in federal courts.

After listening to Monday’s opening statement by prosecutors, I still think the Manhattan D.A. has made a historic mistake. Their vague allegation about “a criminal scheme to corrupt the 2016 presidential election” has me more concerned than ever about their unprecedented use of state law and their persistent avoidance of specifying an election crime or a valid theory of fraud.

To recap: Mr. Trump is accused in the case of falsifying business records. Those are misdemeanor charges. To elevate it to a criminal case, Mr. Bragg and his team have pointed to potential violations of federal election law and state tax fraud. They also cite state election law, but state statutory definitions of “public office” seem to limit those statutes to state and local races.

Both the misdemeanor and felony charges require that the defendant made the false record with “intent to defraud.” A year ago, I wondered how entirely internal business records (the daily ledger, pay stubs and invoices) could be the basis of any fraud if they are not shared with anyone outside the business. I suggested that the real fraud was Mr. Trump’s filing an (allegedly) false report to the Federal Election Commission, and only federal prosecutors had jurisdiction over that filing.

A recent conversation with Jeffrey Cohen, a friend, Boston College law professor and former prosecutor, made me think that the case could turn out to be more legitimate than I had originally thought. The reason has to do with those allegedly falsified business records: Most of them were entered in early 2017, generally before Mr. Trump filed his Federal Election Commission report that summer. Mr. Trump may have foreseen an investigation into his campaign, leading to its financial records. Mr. Trump may have falsely recorded these internal records before the F.E.C. filing as consciously part of the same fraud: to create a consistent paper trail and to hide intent to violate federal election laws, or defraud the F.E.C.

In short: It’s not the crime; it’s the cover-up.

Looking at the case in this way might address concerns about state jurisdiction. In this scenario, Mr. Trump arguably intended to deceive state investigators, too. State investigators could find these inconsistencies and alert federal agencies. Prosecutors could argue that New York State agencies have an interest in detecting conspiracies to defraud federal entities; they might also have a plausible answer to significant questions about whether New York State has jurisdiction or whether this stretch of a state business filing law is pre-empted by federal law.

Shugerman didn’t address the fake news operation with the Enquirer.

Henry Woods, El velo de la primera comunión (1893)

Henry Woods, El velo de la primera comunión (1893)

In other news, the Senate passed the bill with aid to Ukraine, and Biden will sign it today.

The New York Times: Biden to Sign Aid Package for Ukraine and Israel.

President Biden was set to sign a $95.3 billion package of aid to Ukraine, Israel and Taiwan on Wednesday, reaffirming U.S. support for Kyiv in the fight against Russia’s military assault after months of congressional gridlock put the centerpiece of the White House’s foreign policy in jeopardy.

The Senate voted overwhelmingly to approve the package on Tuesday night, a sign of bipartisan support after increasingly divisive politics raised questions on Capitol Hill and among U.S. allies over whether the United States would continue to back Kyiv. The 79-to-18 vote provided Mr. Biden another legislative accomplishment to point to, even in the face of an obstructionist House.

“Congress has passed my legislation to strengthen our national security and send a message to the world about the power of American leadership: We stand resolutely for democracy and freedom, and against tyranny and oppression,” Mr. Biden said on Tuesday evening, just minutes after the Senate vote.

He said he would sign the bill into law and address the American people on Wednesday “so we can begin sending weapons and equipment to Ukraine this week.”

The White House first sent a request for the security package in October, and officials have bluntly acknowledged that the six-month delay put Ukraine at a disadvantage in its fight against Russia.

“The Russians have slowly but successfully taken more ground from the Ukrainians and pushed them back against their first, second and, in some places, their third line of defense,” John F. Kirby, a spokesman for Mr. Biden’s National Security Council, said on Tuesday on Air Force One. “The short answer is: Yes, there absolutely has been damage in the last several months.”

Arlette Saenz at CNN: How the White House convinced Mike Johnson to back Ukraine aid.

The Senate’s vote on Tuesday to approve new aid for Ukraine capped off six months of public pressure and private overtures by the White House to build support, including the not-insignificant task of winning over House Speaker Mike Johnson.

For months, President Joe Biden and his team pressed the case for additional aid both publicly and privately, leaning into courting Johnson – whose young speakership was under pressure from his right flank – behind the scenes through White House meetings, phone calls and detailed briefings on the battlefield impacts, administration officials said.

Grappling with the leadership dynamics in a House GOP conference increasingly resistant to more aid, Biden directed his team to use every opportunity possible to lay out the consequences of inaction directly to Johnson. That included warnings of what it would mean not just for Ukraine, but also Europe and the US, if Russian President Vladimir Putin were to succeed, administration officials said.

The president specifically urged his team to lean into providing a full intelligence picture of Ukraine’s battlefield situation in their conversations with the speaker and his staff as well as discussing the national security implications for the US, officials said. That push played out over the next six months – starting with a Situation Room briefing one day after Johnson became speaker.

National security adviser Jake Sullivan and Office of Management and Budget Director Shalanda Young briefed the speaker and other key lawmakers on how aid for Ukraine was running out, putting the country’s efforts to fight off Russia in jeopardy. Biden stopped by the meeting and met with Johnson on the side to convey a similar message. Sullivan followed up four days later with a call to Johnson to highlight the measures in place to track aid in Ukraine.

But Johnson quickly made clear aid for Ukraine and Israel would need to be separated – an approach the White House opposed and one that would be tested time and time again in the coming months.

The ordeal ended on Tuesday when the Senate passed the $95 billion foreign aid package, with nearly $61 billion for Ukraine, marking a long-sought foreign policy win for Biden, who has spent the past two years rallying Western support for the war-torn country in its fight against Russia. At the same time, the president has been grappling with his own battle back home to get more aid approved amid resistance from some Republicans. The White House has said he will sign that legislation – which also provides over $26 billion for Israel and humanitarian assistance and more than $8 billion for the Indo-Pacific, including Taiwan – as soon as possible.

Read more details at CNN.

While Trump has been dozing off in court in New York, President Biden has been campaigning, most recently in Florida.

HuffPost: Biden To Florida Voters: Six-Week Abortion Ban Is Trump’s Fault.

President Joe Biden swooped into Florida Tuesday, hoping to parlay the state’s new restrictive abortion law — as well as a ballot initiative that could undo it — into a campaign issue that could give him the state’s trove of electoral votes come November, effectively locking up his reelection.

“There’s one person responsible for this nightmare, and he acknowledges it and he brags about it: Donald Trump,” Biden told a boisterous crowd in a gym at Hillsborough Community College in Tampa.

He attacked Florida’s six-week abortion ban — approved in the wake of the Supreme Court’s 2022 decision overturning Roe v. Wade and ending a national right to abortion — and reminded voters that it was the coup-attempting former president’s three appointees to the high court that paved the way.

“It was Donald Trump who ripped away the rights and freedom of women in America,” he said. “We’ll teach Donald Trump and extreme MAGA Republicans a valuable lesson: Don’t mess with the women of America.”

Political consultants from both parties, while skeptical that Biden will actually win Florida, agree that forcing Trump on the defensive in a state he cannot afford to lose and which he only won by three percentage points in 2020 is a smart move.

“I don’t think he’d be in Tampa today if they didn’t see it as good place to make a contrast,” said Steve Schale, who ran former President Barack Obama’s successful Florida campaign operation in both 2008 and 2012. “There’s nothing more valuable, particularly for an incumbent, than a candidate’s time.”

David Hockney, NIchols Canyon, Hollywood HIlls

David Hockney, NIchols Canyon, Hollywood HIlls

Just one more story–an op-ed by Melissa Murray and Andrew Weissmann in The New York Times on the Supreme Court’s upcoming hearing on Trump’s claim of “presidential immunity.”

The Supreme Court’s decision to hear oral arguments in Donald Trump’s immunity-appeal case on Thursday may appear to advance the rule of law. After all, few, if anyone, thinks that a majority of the court will conclude that a former president is completely immune from federal criminal liability.

But the court’s decision to review the immunity case actually undermines core democratic values.

The Supreme Court often has an institutional interest in cases of presidential power. But the court’s insistence on putting its own stamp on this case — despite the widespread assumption that it will not change the application of immunity to this case and the sluggish pace chosen to hear it — means that it will have needlessly delayed legal accountability for no justifiable reason. Even if the Supreme Court eventually does affirm that no person, not even a president, is above the law and immune from criminal liability, its actions will not amount to a victory for the rule of law and may be corrosive to the democratic values for which the United States should be known.

That is because the court’s delay may have stripped citizens of the criminal justice system’s most effective mechanism for determining disputed facts: a trial before a judge and a jury, where the law and the facts can be weighed and resolved.

It is this forum — and the resolution it provides — that Mr. Trump seeks, at all costs, to avoid. It is not surprising that he loudly proclaims his innocence in the court of public opinion. What is surprising is that the nation’s highest court has interjected itself in a way that facilitates his efforts to avoid a legal reckoning.

Looking at the experience of other countries is instructive. In Brazil, the former president Jair Bolsonaro, after baselessly claiming fraud before an election, was successfully prosecuted in a court and barred from running for office for years. In France, the former president Jacques Chirac was successfully prosecuted for illegal diversion of public funds during his time as mayor of Paris. Likewise, Argentina, Italy, Japan and South Korea have relied on the courts to hold corrupt leaders to account for their misconduct….

Consider India, Bolivia, Hungary and Venezuela, where the erosion of judicial independence of the courts has been accompanied by a rise in all-consuming power for an individual leader.

Within our constitutional system, the U.S. Supreme Court can still act effectively and quickly to preserve the judiciary’s role in a constitutional democracy. If the court is truly concerned about the rule of law and ensuring that these disputed facts are resolved in a trial, it could issue a ruling quickly after the oral argument.

It would then fall to the special counsel Jack Smith and Judge Chutkan to ensure that this case gets to a jury. Obviously, fidelity to due process and careful attention to the rights of the accused are critical. To get to a trial and avoid any further potential delay, Mr. Smith may decide to limit the government’s case to its bare essentials — what is often called the “slim to win” strategy. And Judge Chutkan has already warned Mr. Trump that his pretrial unruly statements with respect to witnesses and others may result in her moving up the start of the trial to protect the judicial process.

Read the rest at the NYT.

That’s it for me today. What do you think? Are there other stories that interest you?


Lazy Caturday Reads

Good Afternoon!!

Walter Chandoha plays with one of his subjects at his home studio in 1955.

Walter Chandoha plays with one of his subjects at his home studio in 1955.

Today I’m featuring cat photos by Walter Chandoha. Chandoha was a famous photographer of animals–mostly cats. You can read about him and see more photos in this 2019 New York Times obituary by Richard Sandomir: Walter Chandoha, Photographer Whose Specialty Was Cats, Dies at 98.

Taking pictures of cats soon began to look like a more fulfilling career path than the one in advertising that Mr. Chandoha had planned while attending New York University, after serving in World War II. So, after graduating, he turned to freelance photography for a living — and, by the mid-1950s, he had begun a long period as the dominant commercial cat photographer of his era.

“Walter Chandoha’s cat models, shown on this page, must be alert, graceful and beautiful,” read a newspaper ad in 1956 for a cat food brand that featured his photos. “To keep them that way, Mr. Chandoha feeds them Puss ‘n Boots because Puss ‘n Boots is good nutrition.”

On a winter’s evening in 1949, Walter Chandoha was walking to his three-room apartment in Astoria, Queens, when he spotted an abandoned gray kitten shivering in the snow. He put it in a pocket of his Army coat and brought it home to his wife, Maria.

The kitten’s antics — racing through the apartment each night as if possessed, shadowboxing with his image in a mirror — inspired the couple to name him Loco. Mr. Chandoha (pronounced shan-DOE-uh) was moved to photograph Loco and quickly sold the pictures to newspapers and magazines around the world.

By the time he died, on Jan. 11, Mr. Chandoha had taken some 90,000 cat photos, nearly all before cats had become viral darlings of social media. He was 98.

Now, on to the day’s news:

It’s becoming very clear that the courts are not going to protect us from a possible Trump dictatorship. Thank goodness for E. Jean Carroll and NY AG Letitia James. At least two New York courts have hit Trump where it hurts–his finances. But the two federal cases seem stalled and the Georgia case just took a bit hit. Those three prosecutions of Trump are unlikely to take place before the election now. We are going to have to defeat him at the ballot box.

At The New Republic, Michael Tomasky writes: We Have to Beat Donald Trump. Clearly, the Broken Legal System Won’t.

Judge Scott McAfee has ruled that Fulton County District Attorney Fani Willis can stay on the case against Donald Trump in that jurisdiction, provided that Nathan Wade, the prosecutor on the case with whom she had a relationship, withdraws. I guess we count that a win, although to be honest, Willis has so damaged herself by her colossally terrible judgment that it probably would have been better if she were out of the picture.

Cats play together in 1962.

Cats play together in 1962.

The other problem with Willis’s scandal is how it slowed the case down, giving Trump’s lawyers a chance to make this not about the defendant but about her—and another chance to delay, delay, delay.

Meanwhile, Thursday, down in Florida, we saw Trumpy Judge Aileen Cannon issue yet another ruling in the classified documents case that helps Trump. She didn’t support Trump’s lawyers’ motion to dismiss the case, but she kicked the can down the road in a way that’s very helpful to Trump. MSNBC analyst Andrew Weissmann even called it the “worst possible outcome” for the government. “If the judge had simply said, ‘I agree with Donald Trump, and I find that this is vague, and I’m dismissing it,’ the government could have appealed it to the Court of Appeals for the Eleventh Circuit, as they have done twice before and won twice before,” Weissmann said. “But she also did not want to rule in favor of the government. So what she did is said, ‘Why don’t you bring this up later? I think there’s some real issues here.’”

Also this week, in the Stormy Daniels hush-money case against Trump, Manhattan District Attorney Alvin Bragg shocked us all by asking for a 30-day delay in the trial, which was scheduled to start March 25. Trump’s lawyers had requested a 90-day delay. Bragg conceded that some delay was appropriate.

Why? It looks like it’s the fault of federal prosecutors. Bragg’s office requested certain documents a while ago from the Southern District of New York, and it shared them with Trump’s lawyers during the discovery process. Trump’s lawyers suspected there was more, especially relating to Trump’s former lawyer Michael Cohen, so they subpoenaed the SDNY. That happened in January. It was only earlier this month that the Southern District turned over all the documents….

It’s more than fair to ask: Why did the Southern District take so long to produce these documents? And we must also ask this: Did Merrick Garland know his prosecutors were taking so long to hand over documents, and thus playing into Trump’s hands? And if he knew, did he do anything about it?

And then there’s the most significant case of all–the one about Trump’s efforts to overturn the 2020 election.

Finally, let’s recall the status of the fourth criminal case against Trump, the biggest one, at least to my mind—the January 6 insurrection case. On that one, we’re basically waiting on the Supreme Court, which announced on February 28 that it would hear arguments in Trump’s claim of complete immunity but set the argument date for April 25. The high court could easily take another month—or even two—to hand down its decision after that, meaning that this crucial trial, about whether a sitting president initiated an insurrection against the government of the United States, may not happen before Election Day.

How in the world did all this happen? A few weeks ago, it looked like the wheels of justice were finally turning, catching up on a man who has flouted and broken laws not only during his presidency but for his entire adult life,

going back to when he and his father wouldn’t rent apartments to Black people in Queens. There was the judgment in the E. Jean Carroll case. And then the whopping penalty in the New York attorney general’s case against the Trump Organization.

But this week, it looks like everything is falling apart.

An American shorthair in 1966.

An American shorthair in 1966.

We can’t count on the courts. They move slowly and they favor the rich and powerful. We can’t count on the media either. They seem to favor another Trump presidency because the bosses believe the insanity and chaos would be good for their bottom line.

CNN on the Fani Willis case:

Another problem comes from MAGA threats. MSBNC’s Kyle Griffin wrote on Twitter that

“Judge Scott McAfee had written his order on Willis and Wade early last week, according to NBC News, but because he had been receiving threats, he waited until today to make it public in order to allow for proper security to be in place for him and his family.”

At NBC,  and Trump hush money trial postponed until mid-April, judge rules.

The trial in the New York hush money case against former President Donald Trump has been delayed until the middle of April, Judge Juan Merchan ruled Friday.

Merchan said the trial — originally scheduled to begin March 25 — would be pushed back 30 days from Friday.

He also scheduled a hearing for the trial’s initial start date, to discuss a motion filed by Trump’s attorneys regarding document production in the case.

Merchan said he will set a new trial date “if necessary” when he rules on that motion, meaning it’s possible the trial proceedings could be delayed beyond the middle of next month.

Manhattan District Attorney Alvin Bragg had previously said he would support the trial being delayed at least 30 days, into late April. Trump’s legal team requested that it be postponed 90 days.

Bragg said Thursday that Trump’s request to delay the trial was the result of the U.S. Attorney in Manhattan providing over 100,000 pages of discovery, which Bragg said were “largely irrelevant to the subject matter of this case.” The U.S. Attorney’s Office provided an additional 15,000 pages of discovery on Friday, which Bragg’s office said were also “likely to be unrelated to the subject matter of this case.”

The documents relate to Michael Cohen’s guilty plea in 2018 to numerous criminal charges, including making secret payments to women who claimed they had affairs with Trump, lying to Congress about Trump’s business dealings with Russia and failing to report millions of dollars in income.

Echoing MIchael Tomasky, WTF is going on with the Southern District and the DOJ. Are there MAGA people still in place that are helping Trump delay justice?

This 1955 photo is one of Walter Chandoha’s most famous shots. “My daughter Paula and the kitten both ‘smiled’ for the camera at the same time. … But the cat’s not smiling, he’s meowing.”

This 1955 photo is one of Walter Chandoha’s most famous shots. “My daughter Paula and the kitten both ‘smiled’ for the camera at the same time. … But the cat’s not smiling, he’s meowing.”

Speaking of the rich and powerful, why is Elon Musk still getting federal contracts after his support for Nazis and white supremacists and his support for Russia’s war against Ukraine?

Joey Roulette and Marisa Taylor at Reuters: Exclusive: Musk’s SpaceX is building spy satellite network for US intelligence agency, sources say.

SpaceX is building a network of hundreds of spy satellites under a classified contract with a U.S. intelligence agency, five sources familiar with the program said, demonstrating deepening ties between billionaire entrepreneur Elon Musk’s space company and national security agencies.

The network is being built by SpaceX’s Starshield business unit under a $1.8 billion contract signed in 2021 with the National Reconnaissance Office (NRO), an intelligence agency that manages spy satellites, the sources said.

The plans show the extent of SpaceX’s involvement in U.S. intelligence and military projects and illustrate a deeper Pentagon investment into vast, low-Earth orbiting satellite systems aimed at supporting ground forces.

If successful, the sources said the program would significantly advance the ability of the U.S. government and military to quickly spot potential targets almost anywhere on the globe.

The contract signals growing trust by the intelligence establishment of a company whose owner has clashed with the Biden administration and sparked controversy, opens new tab over the use of Starlink satellite connectivity in the Ukraine war, the sources said.

The Wall Street Journal reported, opens new tab in February the existence of a $1.8 billion classified Starshield contract with an unknown intelligence agency without detailing the purposes of the program.

Reuters reporting discloses for the first time that the SpaceX contract is for a powerful new spy system with hundreds of satellites bearing Earth-imaging capabilities that can operate as a swarm in low orbits, and that the spy agency that Musk’s company is working with is the NRO.

Will Musk have access to this program, as he does with Starlink? How do we know he won’t share information with Russia? Am I an idiot to ask that?

Chandoha’s backlighting technique dramatizes the defensive posture of a kitten seeing a dog in 1957.

Chandoha’s backlighting technique dramatizes the defensive posture of a kitten seeing a dog in 1957.

Another tale of the rich and powerful from Eric Lipton, Jonathan Swan, and Maggie Haberman at The New York Times: Kushner Developing Deals Overseas Even as His Father-in-Law Runs for President.

Jared Kushner, the son-in-law of Donald J. Trump, confirmed on Friday that he was closing in on major real estate deals in Albania and Serbia, the latest example of the former president’s family doing business abroad even as Mr. Trump seeks to return to the White House.

Mr. Kushner’s plans in the Balkans appear to have come about in part through relationships built while Mr. Trump was in office. Mr. Kushner, who was a senior White House official, said he had been working on the deals with Richard Grenell, who served briefly as acting director of national intelligence under Mr. Trump and also as ambassador to Germany and special envoy to the Balkans.

One of the proposed projects would be the development of an island off the coast of Albania into a luxury tourist destination.

A second — with a planned luxury hotel and 1,500 residential units and a museum — is in Belgrade, the capital of Serbia, at the site of the long-vacant former headquarters of the Yugoslav Army destroyed in 1999 by the NATO bombings, according to a member of Parliament in Serbia and Mr. Kushner’s company.

These first two projects both involve land now controlled by the governments, meaning a deal would have to be finalized with foreign governments.

A third project, also in Albania, would be built on the Zvërnec peninsula, a 1,000-acre coastal area in the south of Albania that is part of the resort community known as Vlorë, where several hotels and hundreds of villas would be built, according to the plan.

Mr. Kushner’s participation would be through his investment firm, Affinity Partners, which has $2 billion in funding from Saudi Arabia’s Public Investment Fund, among other foreign investors. In a statement, an official with Affinity Partners said it had not been determined whether the Saudi funds might be a part of any project Mr. Kushner is considering in the Balkans.

How does Kushner get away with this? Why aren’t Congressional Democrats investigating him, even if the DOJ is too busy or corrupt? I don’t get it.

Commentary from Carl Gibson at Raw Story: ‘Corrupt’: Jared Kushner’s overseas business deals under fire as Trump runs for president.

Former President Donald Trump’s son-in-law Jared Kushner (who was also a senior adviser in his White House) has been ramping up his overseas business dealings undeterred by the optics of doing so in the midst of his father-in-law’s presidential campaign.

A Friday report in the New York Times scrutinized Kushner’s real estate deals in Balkan countries of Albania and Serbia, in which he stands to reap significant financial benefits once they’re completed. The Times reported that Kushner has been working with Richard Grenell, who was Trump’s former acting Director of National Intelligence who also served as German ambassador and a special envoy to the Balkans.

An American shorthair squeezes into a glass in 1960.

An American shorthair squeezes into a glass in 1960.

Notably, two of the three projects Kushner is aiming to finalize this year involve the transfer of land currently owned by Albania and Serbia, meaning a member of the president’s immediate family (Kushner is married to Trump’s daughter, Ivanka) stands to receive money directly from foreign governments. According to the Times, the first project involves redeveloping an island off the Albanian coast into a high-end luxury resort, and the second would be a 1,500-unit apartment building, museum and luxury hotel in the Serbian capital city of Belgrade. The third — which doesn’t involve a direct land acquisition from a foreign government — is a planned resort development in coastal southern Albania.

Kushner has been capitalizing on his foreign connections since leaving the White House. After Kushner’s departure became official, he launched his investment firm, Affinity Partners, which received a $2 billion investment from Saudi Arabia’s Public Investment Fund as well as from other foreign business interests in the United Arab Emirates and Qatar.

The former president’s son-in-law worked closely with Saudi Crown Prince Mohammed bin-Salman while he was in the White House, as Trump frequently put him in the driver’s seat in negotiations with Middle Eastern countries. In 2018, bin-Salman was accused of playing a direct role in the dismemberment and murder of Washington Post journalist Jamal Khashoggi (President Joe Biden made it clear in 2022 that the Saudi crown prince was immune from any legal action in relation to Khashoggi’s assassination)….

Meanwhile, Republicans continue to investigate Biden’s son, Hunter, for his own foreign business deals even as Kushner plows ahead in the Balkans. House Oversight Committee chairman Rep. James Comer (R-Kentucky) and House Judiciary Committee chairman Rep. Jim Jordan (R-Ohio) both maintain that the president improperly influenced foreign governments in his son’s favor, though their respective investigations have yet to yield any smoking gun evidence.

In Israel-Hamas war news, Senator Chuck Schumer spoke out this week about Israel’s conduct in Gaza. Jonathan Weisman at The New York Times: A Watershed Moment for the Politics of Israel, Courtesy of Chuck Schumer.

Over 44 painstakingly scripted minutes on the floor of the Senate on Thursday, the majority leader, Chuck Schumer, spoke of his Jewish identity, his love for the State of Israel, his horror at the wanton slaughter of Israelis on Oct. 7 and his views on the apportionment of blame for the carnage in Gaza, saying that it first and foremost lay with the terrorists of Hamas.

Then Mr. Schumer, a New York Democrat and the highest-ranking elected Jew in American history, said Israel’s prime minister, Benjamin Netanyahu, was an impediment to peace, and called for new elections in the world’s only Jewish state.

The opposition was not nearly so painstaking.

Within minutes, the House Republican leadership demanded an apology. The Senate Republican leader, Mitch McConnell of Kentucky, using Mr. Netanyahu’s nickname, declared: “Make no mistake — the Democratic Party doesn’t have an anti-Bibi problem. It has an anti-Israel problem.” And the Republican Jewish Coalition proclaimed that “the most powerful Democrat in Congress knifed the Jewish state in the back.”

Walter Chandoha, 1962

Walter Chandoha, 1962

The months that have followed the slaughter of Oct. 7 and the ensuing, calamitously deadly war in Gaza have been excruciating for American Jews, caught between a tradition of liberalism that has dominated much of Jewish politics and an anti-Israel response from the political left that has left many feeling isolated and, at times, persecuted.

But Mr. Schumer’s speech was potentially a watershed moment in a much longer political process, pursued initially by Republicans but joined recently by left-wing Democrats — to turn Israel into a partisan issue. Republicans, as they see it, would be the party of Israeli supporters. Democrats, as the rising left would have it, would be the party of Palestine

At the root of that divide is a fundamental question: Is support for the Jewish State separable from the support of Israel’s democratically elected government? For years, Republicans have said no. Increasingly, the Democratic left agrees but from a different perspective: Israel is bad, regardless of who governs it.

“The pressure — electoral, social, cultural — on American Jews right now to declare themselves” on the justice of the war in Gaza and on the legitimacy of the Israeli prime minister has been “unrelenting, unforgiving and sometimes downright vicious,” said David Wolpe, a prominent rabbi in Los Angeles and a visiting scholar at Harvard Divinity School.

Mr. Schumer’s speech and the ensuing partisan response have made that pressure even more intense.

“It’s impossible to understate the seismic event this was,” said Matthew Brooks, the longtime chief executive of the Republican Jewish Coalition, who made it clear that the group would use the speech to drive Jewish voters to the G.O.P.

Read more at the NYT.

A couple more stories of note:

This should be shocking news, but the NYT didn’t even run a story on it. CNN: Pence says he ‘cannot in good conscience’ endorse Trump.

Former Vice President Mike Pence on Friday said he “cannot in good conscience” endorse presumptive GOP nominee Donald Trump, a stunning repudiation of his former running mate and the president he served with.

“Donald Trump is pursuing and articulating an agenda that is at odds with the conservative agenda that we governed on during our four years. That’s why I cannot in good conscience endorse Donald Trump in this campaign,” Pence said on Fox News.

1968

A cat cozies up to a dog, 1968

The former vice president, after ending his own presidential bid in October, withheld an endorsement in the 2024 Republican primary, but he previously vowed to back the eventual GOP nominee. Trump had said after Pence dropped out that his former vice president should endorse him, saying, “I chose him, made him vice president. But … people in politics can be very disloyal.”

While he said he is “incredibly proud” of the record of the Trump-Pence administration, Pence argued that the former president has walked away from conservative issues, pointing to Trump’s stance on abortion and US national debt and his reversal on TikTok.

“During my presidential campaign, I made it clear there were profound differences between me and President Trump on a range of issues. And not just our difference on my constitutional duties that I exercised January 6th,” Pence said on “The Story with Martha MacCallum.”

“As I have watched his candidacy unfold, I’ve seen him walking away from our commitment to confronting the national debt. I’ve seen him starting to shy away from a commitment to the sanctity of human life. And this last week, his reversal on getting tough on China and supporting our administration’s efforts to force a sale of ByteDance’s TikTok,” he added.

Many other former members of Trump’s administration have also said they won’t vote for him. Yesterday Ron Filipkowski posted this list on Twitter:

The Republican 43rd President won’t endorse Trump.

His VP won’t endorse Trump.

The 2012 Republican nominee won’t endorse Trump.

His running mate won’t endorse Trump.

Trump’s own VP won’t endorse him.

His last AG won’t.

His last Sec Defense won’t.

Wake up, America!

One more from Brian Schott at The Salt Lake Tribune: ‘We are losing our kids to a satanic cult,’ Sen. Tommy Tuberville warns during Utah campaign stop.

Alabama Republican U.S. Sen. Tommy Tuberville had a stark warning for the approximately 100 Utah GOP delegates who crowded into a Bluffdale warehouse to hear him speak on Friday afternoon: Malevolent supernatural forces are working to undermine America.

“I’ve traveled all over the country — all 50 states — I’ve been in good places and bad places. The one thing I saw, we are losing our kids to a satanic cult,” Tuberville, who traveled to Utah to campaign for GOP U.S. Senate candidate Trent Staggs, warned.

The former college football coach and ardent Donald Trump supporter gave his full endorsement to Staggs, one of 11 Republicans vying for the GOP nomination to succeed Sen. Mitt Romney in Washington.

Brandishing an upside-down pocket Constitution, Tuberville said the 2024 election wasn’t Republican vs. Democrat but “anti-American vs. American.”

“We’ve lost our moral values across the country. We’ve got to get back to the Constitution, and we have got to get back to the Bible. We’ve got to get God back in our country,” Tuberville said. “There’s not one Democrat that can tell you they stand up for God.”

What exactly is he talking about? Is he saying the Democratic Party is a satanic cult or is he referring to the Mormon Church? Probably the former, I know.

Republican delegates ate it up as he careened from anti-transgender statements to discussion of immigration and chaos at the border to a prediction left-wing mobs are set to wreak chaos across the country this summer to help Joe Biden win reelection.

Tuberville even went so far as to claim the federal government has been corrupted to go after conservatives instead of criminals, which was seemingly an indirect reference to the hundreds of Trump supporters who were charged after attacking the Capitol on Jan. 6, 2021.

“We’ve lost our Department of Justice. In most of the country, we don’t have a criminal justice system anymore. Nobody goes to jail, unless you’re an innocent person that really loves this country, then they’ll put you in jail,” Tuberville said. “We have never overcome a cult like we’re dealing with right now.”

The loudest boos from the GOP delegates on hand came when Tuberville and Staggs took swipes at Sen. Mitt Romney, who was the party’s presidential nominee just a dozen years ago.

What a wacko.

That’s all I have for you today. I hope you all are having a nice weekend!


Thursday Reads

Good Morning!!

Everyone is talking about the shocking story about Clarence Thomas published early this morning at ProPublica. We knew that Thomas was corrupt, but the scale of the corruption revealed by authors Joshua Kaplan, Justin Elliott, and Alex Mierjeski is beyond mind-boggling. And they provide plenty of photos of Thomas enjoying luxury accommodations alongside the wealthy and powerful. Thomas never reported any of these gifts.

From the article:

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Get this: Thomas even went with Crow to the legendary Bohemian Grove.

More from the ProPublica article:

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

https://twitter.com/petestrzok/status/1643944883785289731?s=20

I haven’t finished reading the article yet, but I definitely will go back to it today.

This is from John Wagner at The Washington Post: Justice Thomas accepted luxury travel for years from GOP donor, report says.

Federal law mandates that top officials from the three branches of government, including the Supreme Court, file annual forms detailing their finances, outside income and spouses’ sources of income, with each branch determining its own reporting standards.

Judges are prohibited from accepting gifts from anyone with business before the court. Until recently, however, the judicial branch had not clearly defined an exemption for gifts considered “personal hospitality.”

Revised rules adopted by a committee of the Judicial Conference, the courts’ policymaking body, seek to provide a fuller accounting. The rules took effect March 14.

Gifts such as an overnight stay at a personal vacation home owned by a friend remain exempt from reporting requirements. But the revised rules require disclosure when judges are treated to stays at commercial properties, such as hotels, ski resorts or corporate hunting lodges. The changes also clarify that judges must report travel by private jet….

While the wide scope of Crow’s funding of Thomas’s travel has not been previously reported, the largesse of the billionaire donor directed at the justice has provoked controversy previously.

In 2011, the New York Times reported that Crow had done many favors for Thomas and his wife, notably financing the multimillion-dollar purchase and restoration of a cannery in Pin Point, Ga., that was a pet project of the justice.

The Times also reported that Crow helped finance a Savannah, Ga., library project dedicated to Thomas, presented him with a Bible that belonged to Frederick Douglass and reportedly provided $500,000 for Ginni Thomas to start a tea-party-related group.

Thomas, who joined the court in 1991, has drawn scrutiny on other ethical issues in recent years, several related to the political activism of his wife. She has been allied with numerous people and groups that have interests before the court, and she has dedicated herself to right-wing causes involving some of the most polarizing issues in the country.

In other news, reporters and legal experts are busy critiquing Manhattan District Attorney Alvin Bragg’s case against Donald Trump. Here’s one of the worst:

Shugerman writes: The Trump Indictment Is a Legal Embarrassment.

Tuesday was historic for the rule of law in America, but not in the way Alvin Bragg, the Manhattan district attorney, would have imagined. The 34-count indictment — which more accurately could be described as 34 half-indictments — was a disaster. It was a setback for the rule of law and established a dangerous precedent for prosecutors.

This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms.

The case appears so weak on its legal and jurisdictional basis that a state judge might dismiss the case and mitigate that damage. More likely, the case is headed to federal court for a year, where it could lose on the grounds of federal pre-emption — only federal courts have jurisdiction over campaign finance and filing requirements. Even if it survives a challenge that could reach the Supreme Court, a trial would most likely not start until at least mid-2024, possibly even after the 2024 election.

Instead of the rule of law, it would be the rule of the circus.

Let’s start with the obvious problem that the payments at issue were made around six years ago. The basic facts have been public for five years. There are undoubtedly complicated political reasons for the delay, but regardless, Mr. Bragg’s predecessor, Cyrus Vance Jr., had almost a year to bring this case after Mr. Trump left office, but did not do so, and Attorney General Merrick Garland’s Justice Department also declined. To address the perception of a reversal and questions of legitimacy, Mr. Bragg had a duty to explain more about the case and its legal basis in what’s known as a “speaking indictment,” which the team of former counsel Robert Mueller made famous in its filings.

Legal experts have been speculating about the core criminal allegation in this case, because the expected charge for “falsifying business records” becomes a felony only “when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

Astonishingly, the district attorney’s filings do not make clear the core crime that would turn a filing misdemeanor into a felony. Neither the 16-page indictment nor the accompanying statement of facts specifies, though the statement of facts does drop hints about campaign laws. In a news conference, Mr. Bragg answered that he did not specify because he was not required to by law. His answer was oblivious to how law requires more than doing the minimum to the letter — it demands fairness, notice and taking public legitimacy seriously. 

Phew! Now that’s a smackdown! 

Here’s different point of view from high profile attorney Harry Litman:

From the Los Angeles Times: Column: Don’t underestimate the strengths of Alvin Bragg’s case against Donald Trump.

Manhattan Dist. Atty. Alvin Bragg’s indictment of former President Trump takes an open-ended approach to the charges that some critics of the unprecedented prosecution see as a weakness. What the detractors have overlooked are the substantial and unanticipated legal and factual strengths in the case Bragg outlined.

A key question in advance of Tuesday’s unsealing of the indictment concerned how Bragg would augment the easily proven misdemeanor charges of falsifying business records. Under New York law, those offenses become felonies only if they’re in furtherance of another crime. Many theories were circulating as to what second crime Bragg would allege, and most of the possibilities had noteworthy shortcomings.

Bragg’s answer was essentially “I’ll tell you later.” He took advantage of the wording of the state law, which requires only that the misdemeanor be done in service of “a crime,” to buy himself maximum time and flexibility.

Bragg may have to pick his crime down the line, perhaps in answer to an expected defense motion for a “bill of particulars” — that is, a fleshing out of the Delphic indictment to enable Trump’s team to prepare an appropriate defense.

On the other hand, the prosecutor may not have to specify a second crime. The jury instructions on falsification of business records say it’s a felony if the defendant acted “with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.” It’s therefore not clear that they require the jury even to agree on what the augmenting crime is.

But Bragg this week also added a potent possible second crime beyond what many observers expected. It emerges from the fact that in making his lawyer Michael Cohen “whole” for the hush money he paid to Stormy Daniels, Trump included enough to compensate Cohen for the taxes he would have to pay on the “income” — that is, on the phony legal retainer that camouflaged the hush money.

It’s not clear whether Cohen in fact declared and paid taxes on the reimbursement or whether the Trump Organization declared it as a business expense. The Bragg team’s insight is that it doesn’t matter: The language that elevates business record falsification to a felony only requires “an intent to commit another crime or to aid or conceal the commission thereof.”

That purposely encompasses what lawyers call “inchoate” crimes. The law would plainly be satisfied by the inclusion of money intended to commit or conceal another crime — namely, a false tax filing — whether or not that crime occurred.

Importantly, this theory could be a way around the legal questions inherent in alleging that the second crime was a state or federal campaign finance violation.

Read the rest at the LA Times.

Another big and disturbing story is happening in Tennessee.

From Reuters: Tennessee Republicans likely to expel three Democratic lawmakers from statehouse.

Republicans who control the Tennessee House of Representatives will vote on Thursday on whether to expel three Democratic members for their role in a gun control demonstration at the statehouse last week.

Last Friday’s protest saw hundreds of demonstrators flood into the statehouse, four days after a Nashville school shooting ended with three 9-year-old children and three school staff members dead.

Three Democratic lawmakers stood on the House floor and used a bullhorn to lead protesters in chanting demands for stricter gun laws. In the resolutions calling for their expulsion, Republicans accused the three of engaging in “disorderly behavior” and said they “did knowingly and intentionally bring disorder and dishonor to the House of Representatives through their individual and collective actions.”

The expulsion vote is likely to easily pass in the Republican-dominated House and lead to the ouster of Rep. Gloria Johnson, Rep. Justin Jones and Rep. Justin Pearson. They say they were within their First Amendment rights to take part in the protest.

“It’s morally insane that a week after a mass shooting took six lives in our community, House Republicans only response is to expel us for standing with our constituents to call for gun control,” Jones wrote on Twitter this week. “What’s happening in Tennessee is a clear danger to democracy all across this nation.

Republicans Rep. Andrew Farmer, Rep. Gino Bulso, and Rep. Bud Hulsey filed three resolutions on Monday to expel their Democratic colleagues. The resolutions on Monday passed in a preliminary vote along party lines, 72-23.

Imagine if this insanity spreads to other Republican-controlled legislatures–and it very likely will, if it’s successful.

Commentary from Margaret Renkl at The New York Times: As Young People March for Their Lives, Tennessee Crushes Dissent and Overrides Democracy.

NASHVILLE — Yesterday the eyes of the country were on the indictment of a former president, along with the all too real possibility that political or public chaos would erupt as a result. Here in Tennessee, we were watching a different kind of chaos unfold as our state government doubled down on its love affair with guns, even in the immediate aftermath of a horrific school shooting. I wish I could tell you that guns were the worst of it.

Last Thursday, in the wake of the shooting, peaceful protesters at the Tennessee State Capitol rallied for gun reform. Activists waved signs in the statehouse gallery, and Representatives Justin Jones, Gloria Johnson and Justin J. Pearson, all Democrats, led them in chants from the House floor during breaks. Between bills, the lawmakers also approached the podium to speak. They did not wait to be formally recognized.

On Monday, statehouse Republicans stripped all three of their committee memberships and deactivated their ID badges. The Democrats “did knowingly and intentionally bring disorder and dishonor to the House of Representatives,” the formal resolutions against them read. Tomorrow, the House will vote on whether to expel the three lawmakers for talking out of turn.

Expulsion is extremely rare in Tennessee history. As the Politico reporter Natalie Allison pointed out on Twitter, the Tennessee House didn’t even vote to expel a Republican legislator who had been accused of sexually assaulting three teenage girls.

The resolutions against Mr. Jones, Ms. Johnson and Mr. Pearson were filed against a backdrop that highlights the absurdity of the actions Republicans have taken against them.

On Monday at 10:13 a.m., one week to the minute after a shooter armed with military-style weapons entered the church-affiliated Covenant School and murdered three children and three adults, more than 7,000 Nashville students staged a walkout to demand gun reform. It was a sight to behold: Vanderbilt University students marching down one street, Belmont University students marching down another, all of them joining a large crowd of high school and college students from around town. They were determined to speak as one voice directly to their government — to the only people with any power to reduce the risks they take just by going to class.

No place in this firearm-besotted country is safe from gun violence, but Tennessee students are at particular risk, and not just in school. They live in a state with some of the nation’s most permissive gun laws, as well as the highest rate of gun theft — and perhaps unsurprisingly, one of the highest rates of gun deaths.

Read the rest at the NYT.

Those are the top stories today, as I see it. I’ll add a few more in the comment thread. What do you think? What other stories have captured your interest?