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 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.”
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.
….[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 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.
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….
“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.
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.”
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.
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.
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.
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.
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!!
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Trump’s Arlington National Cemetery scandal is still alive and kicking. This is unusual for Trump. The media generally works to normalize even his grossest violations of laws and norms. In fact, the major media have mostly ignored this episode too, but independent outlets and social media have kept it going. So I’m still reading, thinking, and writing about it.
Berlatsky’s argument is that we may not yet be at the point of being ruled by a dictator, but people are acting as if fascism is already here, because they are afraid of standing up to Trump. hey know he and his thugs will make their lives a living hell. Berlatsky writes that “Fascist vigilante harassment chills resistance.”
This week, Republican presidential candidate Donald Trump oozed orangely into Arlington National Cemetary to take a picture of himself standing over veteran’s graves with an oleaginous smile and a big thumb’s up.
You may think this is tasteless. And you’d be correct. It’s also illegal. It’s against federal law to campaign in Army National Military Cemeteries.
An Arlington official attempted to enforce the rules, and told Trump he couldn’t take his grotesque pictures there. Trump campaign thugs then verbally abused the official and pushed them. When the official filed an incident report, the Trump campaign issued a statement insulting them and claiming they were mentally ill.
The official decided not to press charges, because they were afraid that if they did, they would be targeted, harassed, and worse by Trump supporters, according to the New York Times.
Again, an Arlington official, doing their job, tried to enforce rules that are supposed to apply to all. They were roughed up and insulted. And they are afraid to stand up to Trump and his campaign because they know that if their opposition to Trump becomes public, their life will be destroyed.
This isn’t an idle fear. Trump has sicced his fascist dittohead minions on election workers whose only crime was refusing to throw the election for Donald Trump. They were doxed and harassed at their home, and one had to go into hiding. Trump also organized a violent coup, in which his supporters attacked the capital building, terrorizing representatives and workers, and five people died. News organization have found a list of incidents in which Trump supporters committed violence explicitly in his name.
Standing up to Trump is frightening. If he singles you out, his supporters will try to hurt you and your loved ones.
Trump and his campaign flaks are quite aware of this dynamic, and they use it to their advantage. The campaign said it could release video backing up its version of events. It hasn’t done so, probably because the video shows that the Arlington worker was in the right. But if the video shows the Arlington worker’s face, that worker will be tracked down by Trump supporters. “We have video” isn’t evidence; it’s a threat.
And Trump’s threats, implied and otherwise, worked. The official was scared to challenge the leader of a fascist movement for fear of fascist abuse.
Berlatsky argues that “the press is intimidated too.” Is that why the fact checkers have been bending over backwards to explain away Trump’s false claims? I hope you’ll read the rest at the Substack link above.
The section of Arlington National Cemetery that Donald Trump visited on Monday is both the liveliest and the most achingly sad part of the grand military graveyard, set aside for veterans of the wars in Iraq and Afghanistan. In Section 60, young widows can be seen using clippers and scissors to groom the grass around their husbands’ tombstones as lots of children run about.
I like your hair, by Natalia Shaloshvili
Karen Meredith knows the saddest acre in America only too well. The California resident’s son, First Lieutenant Kenneth Ballard, was the fourth generation of her family to serve as an Army officer. He was killed in Najaf, Iraq, in 2004, and laid to rest in Section 60. She puts flowers on his gravesite every Memorial Day. “It’s not a number, not a headstone,” she told me. “He was my only child.”
The sections of Arlington holding Civil War and World War I dead have a lonely and austere beauty. Not Section 60, where the atmosphere is sanctified but not somber—too many kids, Meredith recalled from her visits to her son’s burial site. “We laugh, we pop champagne. I have met men who served under him, and they speak of him with such respect. And to think that this man”—she was referring to Trump—“came here and put his thumb up—”
She fell silent for a moment on the telephone, taking a gulp of air. “I’m trying not to cry.”
For Trump, defiling what is sacred in our civic culture borders on a pastime. Peacefully transferring power to the next president, treating political adversaries with at least rudimentary grace, honoring those soldiers wounded and disfigured in service of our country—Trump long ago walked roughshod over all these norms. Before he tried to overturn a national election, he mocked his opponents in the crudest terms and demeaned dead soldiers as “suckers.”
But the former president outdid himself this week, when he attended a wreath-laying ceremony honoring 13 American soldiers killed in a suicide bombing in Kabul during the final havoc-marked hours of the American withdrawal. Trump laid three wreaths and put hand over heart; that is a time-honored privilege of presidents. Trump, as is his wont, went further. He walked to a burial site in Section 60 and posed with the family of a fallen soldier, grinning broadly and giving a thumbs-up for his campaign photographer and videographer….
A cemetery employee politely attempted to stop the campaign staff from filming in Section 60. Taking campaign photos and videos at gravesites is expressly forbidden under federal law. The Trump entourage, according to a subsequent statement by the U.S. Army, which oversees the cemetery, “abruptly pushed” her aside.
Trump’s campaign soon posted a video on TikTok, overlaid with Trump’s narration: “We didn’t lose one person in 18 months. And then they”—the Biden administration—“took over, that disaster of leaving Afghanistan.”
Trump was unsurprisingly not telling the truth; 11 soldiers were killed in Afghanistan in his last year in office, and his administration had itself negotiated the withdrawal. But such fabrications are incidental sins compared with what came next. A top Trump adviser, Chris LaCivita, and campaign spokesperson Steven Cheung talked to reporters and savaged the employee who had tried to stop the entourage. Cheung referred to her as “an unnamed individual, clearly suffering a mental-health episode.” LaCivita declared her a “despicable individual” who ought to be fired.
Once again, I have to ask why anyone would vote for this repulsive creature for any office, much less president?
Of course, Trump has taken no responsibility whatever for his disgusting behavior. In fact, yesterday he even claimed that he had no idea who posted the video ad on his TicTac account. He suggested that the gold star families who invited him may have done it–or maybe it was Vice President Harris’ campaign!
By Rakhmet Redzhepov
Rep. Jamie Raskin is now demanding answers about the events in Arlington Cemetery.
Rep. Jamie Raskin, the top Democrat on the House Oversight and Accountability Committee, demanded Friday a “full account” of a reported incident between Donald Trump and his campaign and their collective appearance this week at Arlington National Cemetery.
Trump and his campaign faced intense backlash following a reported physical altercation with a cemetery official and faced questions over whether they may have violated federal law banning campaign materials from being photographed or filmed in certain sections of the cemetery.
A TikTok video showed Trump in Section 60, where the altercation purportedly occurred, smiling and giving a thumbs-up. Trump has said the family of a soldier laid to rest in the section invited him, and his campaign has said they were allowed to ring a photographer.
“The fact is that a private photographer was permitted on the premises and for whatever reason an unnamed individual, clearly suffering from a mental health episode, decided to physically block members of President Trump’s team during a very solemn ceremony,” spokesman Steven Cheung said in the statement.
laws were violated.
In a letter to Christine Wormuth, secretary of the Army, Raskin referenced reports of a “verbal and physical altercation” between members of the Trump campaign and cemetery staff.
“It appears that the Trump campaign refused to abide by Arlington National Cemetery’s absolute prohibition on ‘filming for partisan, political, or fundraising purposes’ and ‘abruptly pushed aside’ Cemetery staff trying to ‘ensure adherence’ to these rules,” he said in the letter obtained by Punchbowl News.
In doing so, he asked the Army secretary to hand the committee an incident report and deliver a briefing on what happened, “including whether Trump campaign staff violated federal law or Cemetery rules and whether the Trump campaign informed the families of servicemembers buried at the Cemetery that their gravestones would be used in Mr. Trump’s political campaign ads.”
Here’s an example of how Trump intimidates the media. At a rally in Pennsylvania yesterday a Trump supporter actually broke down the barriers to the press area.
JOHNSTOWN, Pa. (AP) — A man at Donald Trump’s rally in Johnstown, Pennsylvania, stormed into the press area as the former president spoke and was surrounded by police and sheriff’s deputies before eventually being subdued with a Taser.
The incident Friday came moments after Trump had criticized major media outlets for what he said was unfavorable coverage and dismissed CNN as fawning for its interview Thursday with his Democratic rival Kamala Harris and her running mate, Tim Walz….
The man made it over a bicycle rack ringing the media area and began climbing the back side of a riser where television reporters and cameras were stationed, according to a video of the incident posted to social media by a reporter for CBS News. People near him tried to pull him off the riser and were quickly joined by police officers.
The crowd cheered as a pack of police led the man away, prompting Trump to declare, “Is there anywhere that’s more fun to be than a Trump rally?”
Moments later police handcuffed another man in the crowd and led him out of the arena. It was not immediately clear whether that detention was related to the initial altercation.
At the time of the incident, Trump was criticizing the media for its coverage of his campaign and the election more broadly—and, in particular, attacking CNN’s recent interview with his opponent, Kamala Harris.
As the man was detained and removed from the rally, the former president quipped, “Is there anywhere that’s more fun to be than a Trump rally?” per the Associated Press.
Trump is right to be worried about the Harris-Walz interview on CNN. It got great ratings.
It was a strong night for CNN, which has struggled recently to reach the ratings of Fox News or MSNBC. Although it’s a much lower audience rating than Harris and Walz’s big DNC speeches, it’s still a promising stat for the Harris campaign, continuing a trend of her events receiving higher viewership than those of her opponent.
When Trump gave a town hall on CNN in May 2023, one of his first proper campaign events of the 2024 election cycle, only 3.3 million viewers tuned in. And more recently, when Trump did his first joint sit-down with running mate JD Vance in July, they drew an estimated 4 million viewers. All of those cable ratings, however, still trail the average audience for the network’s nightly news broadcasts, which tend to bring in around 7-8 million viewers.
The Harris-Walz campaign can also boast a more popular national convention this year; 20.1 million people tuned into the third day of the DNC where Walz gave his speech, for instance, while only 17.9 million viewers turned in for JD Vance’s big moment….
The ratings gap seemed particularly disappointing for Trump, considering how much pride he openly took in his RNC ratings. After his speech this year, he posted on Truth Social that his ratings were the “best and most successful in history,” even though viewership was trailing behind both his 2020 and 2016 performance.
Meanwhile, Harris’ convention ratings actually outdid Joe Biden’s in 2020. It’s a performance that gives credence to the idea that the Harris-Walz campaign has more energy and enthusiasm behind it, whereas that long-speculated Trump fatigue might have finally started to set in.
Trump fatigue set in for me long ago. If only he would just disappear.
There are a couple of interesting articles on J.D. Vance today. I got into the NYT even though I cancelled my subscription, apparently because I clicked the link at Memeorandum.
Donald J. Trump knew that JD Vance could take a punch. But during their first week together on the campaign trail, the former president wondered just how many hits his new running mate could absorb.
The volume and velocity of attacks from Democrats stunned even Mr. Trump. He was unaware of the most incendiary remarks that opponents were rapidly unearthing from Mr. Vance’s past, and the former president told allies that he was troubled by the idea that more comments would come to light as Democrats savaged his heir apparent as weird and anti-women.
A month later, polls show that the number of Americans who dislike Mr. Vance continues to grow — but Mr. Trump could not be happier.
The reason: Mr. Vance’s relentless pace of full-throttle performances as Mr. Trump’s well-trained attack dog has pleased the former president and instilled a sense of stability inside a campaign still shaken by President Biden’s sudden exit from the race.
Mr. Trump had instructed his young sidekick to fight forcefully through those initial attacks, and later said Mr. Vance’s execution exceeded his expectations, according to three allies who insisted on anonymity to discuss private conversations.
In a quintessentially Trumpian display of bravado, the former president has privately praised Mr. Vance by comparing himself to Vince Lombardi, telling people that his eye for political talent was now on par with the Hall of Fame football coach’s ability to find Super Bowl-caliber players.
But beyond Mar-a-Lago, early returns on Mr. Vance are less enthusiastic. Polls show that he effectively amplifies Mr. Trump’s political strengths but that he also magnifies his weaknesses. Mr. Vance’s approval rating improved by nearly double digits among the nation’s least educated and poorest voters since joining the Republican ticket — but plunged by even wider margins among college graduates and independent women, according to an NPR/PBS News/Marist poll.
How those conflicting opinions either resolve themselves or become further inflamed will help determine whether Mr. Trump ends the race in less than 10 weeks with a second presidential term or a second electoral defeat.
There’s more at the link, if you can get past the paywall.
Donald Trump’s running mate, JD Vance, said that professional women “choose a path to misery” when they prioritize careers over having children in a September 2021 podcast interview in which he also claimed men in America were “suppressed” in their masculinity.
The Ohio senator and vice-presidential candidate said of women like his classmates at Yale Law School that “pursuing racial or gender equity is like the value system that gives their life meaning … [but] they all find that that value system leads to misery”.
Vance also sideswiped the Minnesota congresswoman Ilhan Omar, a one-time Somali refugee, claiming she had shown “ingratitude” to America, and that she “would be living in a craphole” had she not moved to the US.
In an emailed response to the Guardian, Omar slammed what she called the “ignorant and xenophobic rhetoric spewed by Mr Vance” as “dangerous and un-American”.
Ever since he was picked by Trump, Vance has been hit by scandals over his past comments, especially those concerning women and his perception of their role in society.
Ever since he was picked by Trump, Vance has been hit by scandals over his past comments, especially those concerning women and his perception of their role in society.
Last week his campaign was rocked by previous comments blasting a teachers union president for not having “some of her own” children. His previous characterizations of Democratic leaders as “childless cat ladies” have also troubled the Trump campaign’s efforts to appeal to suburban women.
On the newly found interview:
In the 2021 interview Vance also claimed men and boys in the US were “suppressed” in their masculinity and made racially charged remarks about American cities and his political opponents.
By Sharyn Bursiic
Of Afghans who assisted US troops during the occupation of that country who were now seeking to come to America, Vance asked whether “certain groups of people can successfully become American citizens”, and said those hostile to Minneapolis’s Somali American community “don’t like people getting hatcheted in the street in [their] own community”.
At the same time, Vance claimed that “the left uses racism as a cudgel”, and that he had been a “little too worried” in the past about such accusations because they can be “career-ending” and “destroy a person’s life”.
Sophie Bjork-James, an assistant professor at Vanderbilt University who has written extensively on topics including US evangelicals and populist politics, said: “Vance represents a new articulation of rightwing politics that is bridging the Christian right and a tech-influenced hypermasculine conservatism.
“He appeals to evangelicals with the message that we find happiness by fulfilling traditional gender roles, which is a cornerstone of white evangelical Christianity. He also speaks to a misogynist trend emerging out of the tech world among people who would prefer not to talk about any kind of diversity at all.”
“What they share is the view that women shouldn’t be in paid work: they should be in the home and rearing children. But the public line isn’t ‘we hate women’, it’s ‘women will be happier if they stay at home’,” she added.
I can see why Trump likes Vance. They both hate women. There’s more at the link, and The Guardian doesn’t have a paywall.
Those are my recommended reads for today. What’s on your mind?
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I wish I could say that this is the usual Labor Day Weekend start of the Silly Season heading toward the election, but I can’t. The first establishment media interview with Vice President Harris and Governor Walz went to Dana Bash, who is not exactly in the bag for MAGA but just a poor interviewer. CNN used to be the place to go for news. Now it’s the place to go for yawns and gotcha questions. I didn’t see the interview, but their follow-up panel was sleep-inducing. I did see bits and pieces last night. I waited for the Transcript and the video this morning to take in more than just the CNN-chosen ‘highlights.’ There were only two questions and comments that grabbed my attention.
BASH: On that note, you had a lot of Republican speakers at the convention. Will you appoint a Republican to your Cabinet?
HARRIS: Yes, I would.
BASH: Any one in mind—
HARRIS: Yes, I would. No, no one in particular in mind. I got — we got 68 days to go with this election, so I’m not puttin’ the cart before the horse. But I would. I think — I think it’s really important. I — I have spent my career inviting diversity of opinion. I think it’s important to have people at the table when some of the most important decisions are being made that have different views, different experiences. And I think it would be to the benefit of the American public to have a member of my Cabinet who is a Republican.
BASH: Speaking of Republicans, I want to ask you about your opponent, Donald Trump. I was a little bit surprised, people might be surprised to hear that you have never interacted with him, met him face to face. That’s gonna change soon, but what I want to ask you about is what he said last month. He suggested that you happened to turn Black recently for political purposes, questioning a core part of your identity.
HARRIS: Yeah.
BASH: Any—
HARRIS: Same old, tired playbook. Next question, please. (LAUGH)
BASH: That’s it?
HARRIS: That’s it.
It allowed Harris to share her priorities and discuss Biden/Harris’s achievements. The gotcha moments came over the misunderstanding of her role in border negotiations in North Central America, fracking, and the ‘affordability crisis.’ She answered these questions directly and succinctly. That’s not stopping the Trumplican Media from saying the interview was a Dumpsterfire. But then, it’s doubtful any of the MAGA faithful actually watch CNN. I didn’t think any of the gotcha questions landed, but then I operate in a world where I don’t want White Male Christian Dominance with a token Tulsi Gabbard and Vivek Ramaswamy added as props.
BASH: You talk about — you call it the opportunity economy. You are well aware that right now many Americans are struggling. There’s a crisis of affordability. One of your campaign themes is, “We’re not going back.” But I wonder what you say to voters who do want to go back when it comes to the economy specifically because their groceries were less expensive, housing was more affordable when Donald Trump was president.
HARRIS: Well, let’s start with the fact that when Joe Biden and I came in office during the height of a pandemic, we saw over 10 million jobs were lost. People — I mean, literally we are all tracking the numbers. Hundreds of people a day were dying because of COVID. The economy had crashed.
In large part, all of that because of mismanagement by Donald Trump of that crisis. When we came in, our highest priority was to do what we could to rescue America. And today, we know that we have inflation at under 3%. A lot of our policies have led to the reality that America recovered faster than any wealthy nation around the world.
But you are right. Prices in particular for groceries are still too high. The American people know it. I know it. Which is why my agenda includes what we need to do to bring down the price of groceries. For example, dealing with an issue like price gouging.
What we need to do to extend the child tax credit to help young families be able to take care of their children in their most formative years. What we need to do to bring down the cost of housing. My proposal includes what would be a tax credit of $25,000 for first-time home buyers so they can just have enough to put a down payment on a home, which is
part of the American dream and their aspiration, but do it in a way that allows them to actually get on the path to achieving that goal and that dream.
BASH: So you have been vice president for three and a half years. The steps that you’re talking about now, why haven’t you done them already?
So, my answer would be, “D’oh, I’m Vice President, and my job is to implement President Biden’s policy, you know.” But she’s classier than me and answered this way.
HARRIS: Well, first of all, we had to recover as an economy, and we have done that. I’m very proud of the work that we have done that has brought inflation down to less than 3%, the work that we have done to cap the cost of insulin at $35 a month for seniors. Donald Trump said he was gonna do a number of things, including allowing Medicare to negotiate drug prices. Never happened. We did it.
So now, and I — as I travel in the state of Georgia and around our country, the number of seniors that have benefited, I’ve met — I was in Nevada recently. A grandmother who showed me her receipts. And before we capped the cost of insulin for seniors at $35 a month she was paying hundreds of dollars, up to thousands of dollars a month for her insulin. She’s not doing that any longer.
BASH: So you maintain Bidenomics is a success.
So, my answer would be: “Look at the damned economic, inflation, and job numbers, you stupid bitch!” But, again, she’s classier than me, and I guess I would have to maintain a modicum of dignity, being an economics professor and all. I would not say that to my class, but they are students, and she’s an overpaid talking head with a penchant for too much one hand then the other hand journalism even when the other hand is stealing us blind and wants to be a dictator.
HARRIS: I maintain that when we do the work of bringing down prescription medication for the American people, including capping the cost — of the annual cost of prescription medication for seniors at $2,000; when we do what we did in the first year of being in office to extend the child tax credit so that we cut child poverty in America by over 50%; when we do what we have done to invest in the American people and bringing manufacturing back to the United States so that we created over 800,000 new manufacturing jobs, bringing business back to America; what we have done to improve the supply chain so we’re not relying on foreign governments to supply American families with their basic needs, I’ll say that that’s good work. There’s more to do, but that’s good work.
But hey, what about? That came next. Read more at the link or watch the video.
Today, I was delighted by a Washington Post Op-Ed by Dana Milbank, which was witty and true. It was a definite dig at that horrid thing at the New York Times earlier in the week. In a test of character, Trump shows his true grift. In his disorientation, the GOP nominee and former president retreats to his instincts.”
The New York Times ran a fine specimen of unintentional comedy this week: an essay by conservative writer Rich Lowry titled “Trump Can Win on Character.”
The only thing that could have made it better was if it had been under the byline of Stormy Daniels.
Lowry’s argument itself wasn’t quite as absurd as the headline. He was only suggesting that Trump repeatedly call Vice President Kamala Harris “weak,” which Trump probably won’t do, because he’s too busy calling her a communist, a copycat, stupid, a recent conversion to being Black or someone with a crazy laugh who is not as good looking as he is.
Trump could win on various things: inflation, immigration, isolationism. But the notion that a felon and adjudicated sexual abuser who shouts barnyard obscenities and vulgar epithets at his rallies would return to the White House on the strength of his upstanding character? Well, let’s just say there are very fine people on both sides who would have trouble making that argument.
As though in answer to the suggestion that he can “win on character,” Trump responded over the next couple of days by:
Holding a campaign event in front of graves at Arlington National Cemetery, where his staff reportedly pushed aside a cemetery official trying to enforce rules against politicizing the sacred ground. Trump posed graveside with a big grin and a thumbs-up, and his campaign set the Republican nominee’s cemetery visit to music and posted it as a TikTok video. When a Harris spokesman commented on the “sad” event, Trump’s running mate, Sen. JD Vance of Ohio, declared that Harris herself “can go to hell.” (Vance, after a cool reception last week at a doughnut shop in Georgia, got booed by firefighters this week in Boston.)
Announcing that two of the nation’s most prominent conspiracy theorists — Robert F. Kennedy Jr. and Tulsi Gabbard — would be co-chairs of his presidential transition if he wins the election, with influence over key appointments and policies. Gabbard’s trumpeting of Russian propaganda has been labeled “treasonous” by Sen. Mitt Romney (R-Utah), and Kennedy’s long-shot presidential campaign somehow fizzled after he acknowledged, among other things, having a brain worm and leaving a dead bear cub in New York’s Central Park.
Rolling out his latest attempt to cajole his supporters to line his own pockets. This time, he offered another round of “digital trading cards” featuring a Trump superhero. Supporters who parted with $1,485 or more in this Trump-enrichment scam would be sent a piece of the fabric cut from the “knockout suit” he wore during his June debate with President Joe Biden.
Proclaiming that it was “Biden’s fault and Harris’s fault” that he was the victim of a failed assassination attempt, asserting without evidence that they prevented the Secret Service from protecting him and that he might have been shot “because of their rhetoric.” The FBI reported that the shooter, a Republican, had searched online for both Biden and Trump events and settled on the Trump rally as a “target of opportunity.”
Sharing another fusillade of posts on social media that cited QAnon slogans, called for the imprisonment of his opponents, and suggested that Harris used sex to advance her career.
On Thursday, Trump was in Michigan and as coarse as ever — referring twice to Harris’s running mate, Gov. Tim Walz of Minnesota, as “Tampon Tim”; preposterously claiming that in Democratic states “you’re allowed to kill the baby after the baby is born”; and saying of Harris: “Nobody knows who the hell she is. She does not give a damn about you.” While complaining that the Army had said he used the Arlington National Cemetery visit “to politic,” he went right on “politicking” about it. Referring to the families of the fallen he met with, Trump said Biden and Harris “killed their children as though they had a gun in their hand.”
That last bit still has me peeved. I have relatives buried in Arlington National Cemetary, and my Dad chose to be buried in a Washington State Veteran’s Cemetery, where the Pilot and Navigator of his World War II B-25 bombing crew is also buried. I am incensed about this for my family, who served in the Military from the Revolutionary War forward, including the winning side of the Civil War. Historian Heather Cox Richardson puts this into perspective in her Substack, Letters from an American.
And now the U.S. Army has weighed in on the scandal surrounding Trump’s visit to Arlington National Cemetery for a campaign photo op, after which his team shared a campaign video it had filmed. The Army said that the cemetery hosts almost 3,000 public wreath-laying ceremonies a year without incident and that Trump and his staff “were made aware of federal laws, Army regulations and [Department of Defense] policies, which clearly prohibit political activities on cemetery grounds.”
It went on to say that a cemetery employee “who attempted to ensure adherence to these rules was abruptly pushed aside…. This incident was unfortunate, and it is also unfortunate that the… employee and her professionalism has been unfairly attacked. [Arlington National Cemetery] is a national shrine to the honored dead of the Armed Forces, and its dedicated staff will continue to ensure public ceremonies are conducted with the dignity and respect the nation’s fallen deserve.”
“I don’t think I can adequately explain what a massive deal it is for the Army to make a statement like this,” political writer and veteran Allison Gill of Mueller, She Wrote, noted. “The Pentagon avoids statements like this at all costs. But a draft dodging traitor decided to lie about our armed forces staff, so they went to paper.”
The deputy Pentagon press secretary Sabrina Singh said the Department of Defense is “aware of the statement that the Army issued, and we support what the Army said.” Hours later, Trump campaign manager Chris LaCivita reposted the offending video on X and, tagging the official account for Army Secretary Christine Wormuth, said he was “hoping to trigger the hacks” in her office.
In Talking Points Memo, Josh Marshall reported that the Trump campaign’s plan was to lay a wreath at Arlington National Cemetery to honor the 13 members of the U.S. military killed in the suicide bombing during the evacuation of Kabul, Afghanistan, in August 2021. They intended to film the event and then attack Vice President Kamala Harris and President Joe Biden for not “showing up” for the event, which they intended to portray as an “established memorial.”
She has also some good news to share from the Financial World. I can only say that Janet Rivlin’s hands are all over this. Good for her!
Another major story from yesterday is that the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has finalized two rules that will work to stop corruption and money laundering in U.S. residential real estate and in private investment.
This is a big deal. As scholar of kleptocracies Casey Michel put it: “This is a massive, massive deal in the world of counter-kleptocracy—the U.S. is finally ending the gargantuan anti–money laundering loopholes for real estate, private equity, hedge funds, and more. Can’t overstate how important this is. What a feat.”
The White Stripes are the latest band telling the DonOld Campaign to cease and desist! “‘Fascists’: Jack White threatens to sue Trump campaign over use of music. White Stripes singer angered after Trump aide shares social media post using clip of band’s hit Seven Nation Army.” I wonder if it’s too late for Chachi to record something dismal? The display of privilege in all these acts of theft of dignity and expression is just the latest in the NepoBaby news.
Another bit of Trumplican Justice and Karma from The Hill. “Georgia election workers seek control of Giuliani’s assets to collect on $146M defamation judgment. Two Georgia election workers have asked a federal judge for control over Rudy Giuliani’s assets to collect on the $146 million defamation judgment against him for baselessly claiming they engaged in election fraud in 2020.”
The request from Ruby Freeman and Shaye Moss comes just short of a month after the ex-New York City mayor’s defunct bankruptcy, filed in the aftermath of the staggering judgment, was formally closed.
“Mr. Giuliani has spent years evading accountability for his actions — first in litigation in the U.S. District Court for the District of Columbia, and then in chapter 11 bankruptcy proceedings that Mr. Giuliani commenced in this District,” Aaron Nathan, an attorney for the mother-daughter duo, wrote in a Friday court filing. “Now that Mr. Giuliani’s bankruptcy case has been dismissed, Plaintiffs are finally in a position to receive a measure of compensation by enforcing their judgment.”
Freeman and Moss asked the judge to order Giuliani to turn over personal property in his possession and to give the women the power to take possession of and sell any property he does not turn over.
“Those remedies are overwhelmingly justified under New York law,” Nathan wrote. “And they are all the more appropriate in the context of this case, where Mr. Giuliani has proven time and again that he will never voluntarily comply with court orders, much less voluntarily satisfy Plaintiffs’ judgment.”
After a trial in December, a jury ordered Giuliani to pay Freeman and Moss more than $148 million, though after attorneys fees and other adjustments, the judgment was formally entered just under $146 million.
The election workers testified to their lives being turned upside down by a torrent of racist and violent threats after Giuliani, the ex-personal lawyer of former President Trump, baselessly claimed they committed widespread fraud in the 2020 presidential election.
Giuliani froze the judgment, and other pending lawsuits against him, by filing for Chapter 11 bankruptcy. But the judge’s dismissal of that case enabled the two election workers to collect on the judgment — even though they are likely to recover far less than $146 million, given Giuliani disclosed only $10.6 million in assets to the bankruptcy court.
Well, y’all have a great long weekend and remember how many lives it has cost to make this country what it is and can be. We can’t afford to let them all down now.
What’s on your reading and blogging list today?
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Every day I wonder why any American would support Donald Trump. His first term as “president” was a disaster. Among other horrors, he mismanaged the Covid-19 pandemic and allowed hundreds of thousands of our citizens to die unnecessarily. He alienated our allies and sucked up to Vladimir Putin and other dictators like North Korea’s Kim Jong Un, China’s Xi jinping, and Turkey’s Tayip Erdogan. He frequently demonstrated his lack of respect for members of our military who risk their lives to protect their country. And of course he brazenly committed numerous crimes as “president.” How can anyone vote for this man for any public office?
Yesterday Trump once again demonstrated his contempt for U.S. military members who sacrificed their lives in service to their country.
Two members of Donald Trump’s campaign staff had a verbal and physical altercation Monday with an official at Arlington National Cemetery, where the former president participated in a wreath-laying ceremony, NPR has learned.
A source with knowledge of the incident said the cemetery official tried to prevent Trump staffers from filming and photographing in a section where recent U.S. casualties are buried. The source said Arlington officials had made clear that only cemetery staff members would be authorized to take photographs or film in the area, known as Section 60.
When the cemetery official tried to prevent Trump campaign staff from entering Section 60, campaign staff verbally abused and pushed the official aside, according to the source.
Trump participated in an event to mark the third anniversary of a deadly attack on U.S. troops in Afghanistan as U.S. forces withdrew from the country; 13 U.S. service members were killed in the attack. The Trump campaign has blamed President Biden and Vice President Harris, now the Democratic presidential nominee, for the chaotic withdrawal.
In a statement to NPR, Steven Cheung, the Trump campaign’s spokesman, strongly rejected the notion of a physical altercation, adding: “We are prepared to release footage if such defamatory claims are made.
“The fact is that a private photographer was permitted on the premises and for whatever reason an unnamed individual, clearly suffering from a mental health episode, decided to physically block members of President Trump’s team during a very solemn ceremony,” Cheung said in the statement.
A “mental health issue?” Why on earth was Trump participating in this event? He doesn’t hold any federal office. Apparently some relatives of fallen soldiers invited him.
Officials at Arlington national cemetery have filed a report over the behavior of members of Donald Trump’s campaign staff who reportedly shoved and verbally abused an employee during a “crass” photo opportunity for the Republican presidential candidate.
The officials confirmed that a confrontation took place at the Virginia cemetery on Monday after the former president participated in a wreath-laying ceremony for 13 US servicemen and -women killed in a 2021 suicide bomb attack in Kabul, Afghanistan.
In a statement, Arlington acknowledged one of its representatives became involved in the altercation with two Trump staffers, telling them that only cemetery representatives were allowed to take video and photographs in Section 60, an area where recent US casualties mostly from Iraq and Afghanistan are buried….
The staffers “verbally abused and pushed the official aside” as the person attempted to prevent them accompanying Trump into the section, according to NPR, which first published the allegation on Tuesday night.
Following the wreath-laying, photographs from his visit showed Trump grinning and flashing a thumbs-up sign as he stood at the graves of several of the fallen military members, imagery that drew swift rebuke.
“The hallowed grounds of Arlington National Cemetery are the final resting place of our American heroes. Trump defiled Arlington National Cemetery by doing a crass campaign stunt over the grave of a dead hero. And his campaign staff acted like bullies,” the Democratic California congressman Ted Lieu posted to X.
Trump couldn’t care less about the men and women buried in Arlington Cemetery.
In other news from yesterday, Special Counsel Jack Smith filed a superseding indictment of Trump in the January 6 case in the DC Circuit. As Andrew Weissmann pointed out last night on MSNBC, Trump has now been criminally indicted by 5 grand juries.
Special counsel Jack Smith Tuesday announced that a grand jury had reindicted former President Donald Trump on four charges related to his Jan. 6, 2021, coup attempt to honor the direction given by the U.S. Supreme Court in its July ruling holding that Trump was immune from criminal prosecution for “official acts.”
“Today, a federal grand jury in the District of Columbia returned a superseding indictment,” Smith wrote in a separate filing to U.S. District Judge Tanya Chutkan, who is handling the case. “The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings.”
Trump’s first public reaction to the new indictment was to repost a message on Truth Social by Mike Davis, a former Senate lawyer who supports him, that ends with: “Bottom Line: There’s no chance this case goes to trial before the election. Trump wins. Jack Smith fired. Case closed.”
About an hour later, Trump personally responded with a five-post screed on his social media platform in which he called Smith “deranged” and claimed, without any evidence, that the prosecution was being directed by President Joe Biden’s White House. He also repeated his lie that Democrats had cheated to win the 2020 election.
He ended with: “PERSECUTION OF A POLITICAL OPPONENT!”
More on the indictment:
The “superseding” indictment, as it is known, charges Trump with the same four counts as in the original indictment that was filed a year ago: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing an official proceeding and conspiracy to deprive millions of Americans of their right to have their votes counted.
It follows the same narrative structure, laying out how Trump spent months after losing his 2020 reelection bid laying the groundwork for the violent assault on the Capitol by his mob of followers.
“Despite having lost, the defendant ― who was also the incumbent president ― was determined to remain in power,” Smith wrote. “So, for more than two months following election day on November 3, 2020, the defendant spread lies that there had been outcome-determinative fraud in the election [that] he had actually won. These claims were false, and the defendant knew that they were false.”
But Smith’s new indictment does not reference Trump’s efforts to enlist federal government employees in the executive branch — who all technically report to him. For instance, the original indictment had mentioned a Department of Justice official whom Trump considered making his attorney general because of his willingness to tell state officials that voter fraud had occurred. The new indictment does not include the official as a co-conspirator, but does still include the other five individuals who were not in government.
The Supreme Court ruled in July that Trump had immunity from prosecution for “official” acts, and specifically cited the ability to hire and fire executive branch employees to carry out his wishes.
The revised indictment, now at 36 pages compared to the 45-page original, still centers on Trump’s scheme to have allies in key states won by Biden create fake Electoral College slates and send them to the Senate. The plan was for then-Vice President Mike Pence to use the fake Trump slates instead of the legitimate slates for Democrat Joe Biden and declare Trump the winner.
Special counsel Jack Smith defiantly re-injected the question of Donald Trump’s bid to steal the 2020 election into the intensifying end game of this year’s White House race.
By trying to rescue his case after his initial indictment was gutted by the Supreme Court’s immunity ruling, Smith signaled that he is determined to bring the former president to justice — even though there will be no trial before Election Day.
“I think this is basically Jack Smith saying, ‘I still got this’” former FBI Deputy Director Andrew McCabe, a CNN legal and national security commentator, said after the special counsel on Tuesday filed a modified indictment endorsed by a new grand jury.
His move underscored the huge personal investment Trump has in winning the presidency in November: He not only would return to the nation’s top office, but would also gain the authority to halt this and another federal case against him and head off any sentences that could include jail time if he is convicted.
“This is a very big year, it is a very important election,” former federal prosecutor Ankush Khardori told CNN’s Alex Marquardt on Tuesday. “This case is at stake in the election, because if Trump wins, it is going away. If Trump loses to Harris, this case is going to proceed to some sort of conclusion.”
The conservative majority’s ruling earlier this summer that Trump could be covered by immunity from criminal prosecution for some of his actions as president represented one of the most consequential moments in Supreme Court history and has massive implications for the US system of government. Many mainstream scholars blasted the decision as contrary to the spirit of the country’s founders in that it appeared to hand significant unchecked powers to the presidency.
The decision also sent shockwaves through an already tumultuous presidential race, since it appeared to offer an ex-president who already believed he was all powerful the chance to pursue strongman rule if he wins November’s election. Democratic nominee Kamala Harris criticized the decision in her convention speech last week: “Consider, the power he will have … Just imagine Donald Trump with no guardrails, and how he would use the immense powers of the presidency of the United States.”
Smith’s move also creates other profound political, legal, and constitutional overtones at a critical national moment, 10 weeks from an election that could profoundly reshape the country and that may again test its institutions to the limit.
In this Xitter thread, I went through everything that had been added or removed from the superseding indictment against Trump, based on this redline. The changes include the following:
Removal of everything having to do with Jeffrey Clark
Removal of everything describing government officials telling Trump he was nuts (such as Bill Barr explaining that he had lost Michigan in Kent County, not Wayne, where he was complaining)
Removal of things (including Tweets and Trump’s failure to do anything as the Capitol was attacked) that took place in the Oval Office
Addition of language clarifying that all the remaining co-conspirators (Rudy Giuliani, John Eastman, Sidney Powell, Kenneth Chesebro, and — probably — Boris Epshteyn) were private lawyers, not government lawyers
Tweaked descriptions of Trump and Mike Pence to emphasize they were candidates who happened to be the incumbent
New language about the treatment of the electoral certificates
The logic of Blassingame is why Jack Smith included these paragraphs describing that Trump and Pence were acting as candidates.
1. The Defendant, DONALD J. TRUMP, was a candidate for President of the United States in 2020. He lost the 2020 presidential election.
[snip]
5. In furtherance of these conspiracies, the Defendant tried–but failed–to enlist the Vice President, who was also the Defendant’s running mate and, by virtue of the Constitution, the President of the Senate, who plays a ceremonial role in the January 6 certification proceeding.
As I’ve said repeatedly, it’s not clear that adopting the Blassingame rubric will work for SCOTUS, even though they did nothing to contest this rubric.
That’s because Chief Justice Roberts used Pence’s role as President of the Senate to deem his role in certification an official responsibility, thereby deeming Trump’s pressure of Pence an official act. Smith will need to rebut the presumption of immunity but also argue that using these conversations between Trump and Pence will not chill the President’s authority.
Read the rest at Emptywheel.
Another big story from yesterday: New video came out about Nancy Pelosi’s role on January 6.
Nancy Pelosi spent the duration of the Jan. 6 Capitol attack focused on ensuring Joe Biden would be certified president as soon as possible. Then she turned her attention to Donald Trump.
“I just feel sick about what he did to the Capitol and the country today,” Pelosi said as she slumped, visibly exhausted, in the back of her SUV in the pre-dawn hours of Jan. 7. “He’s got to pay a price for that.”
Pelosi’s comment was included in about 50 minutes of unaired footage captured by her daughter, filmmaker Alexandra Pelosi, who was at the former speaker’s side at key moments on Jan. 5, 6 and 7 in 2021. POLITICO has reviewed the footage, which HBO turned over this week to the Republican-led House Committee on Administration.
Pelosi’s office on January 6
The panel is conducting an investigation aimed at undermining the findings of the Jan. 6 select committee, which found Trump singularly responsible for the havoc his supporters unleashed on the Capitol, and spotlighting the security failures that exacerbated the violence. The panel has reviewed video from various sources, including security footage and the clips from HBO.
It’s the most detailed glimpse yet of Pelosi’s rushed evacuation from the Capitol, showcasing her deep discomfort at being forced to flee from the rioters — who she feared would see the evacuation as a twisted victory — and her insistence that Congress return to finish certifying the election. It also showed how her focus quickly shifted to impeaching Trump for a second time, an effort that was ultimately successful, as well as preparing to fire Capitol security officials who she believed mismanaged the threats to the building….
As she moved, Pelosi immediately inquired as to whether then-Senate Majority Leader Mitch McConnell had approved a request for the National Guard. Her chief of staff, Terri McCullough, responded that he had. Moments later, a security official at Pelosi’s side informed her the pro-Trump mob had “already breached the Capitol.”
At first, Pelosi scolded security officials for forcing her evacuation. “I did not appreciate this,” she said. “I do not support this.”
“If they stop the proceedings, they will have succeeded in stopping the validation of the presidency of the United States,” she added. Pelosi then lit into Capitol security officials for failing to anticipate the attack.
“How many times did the members ask, ‘Are we prepared? Are we prepared?’ We’re not prepared for the worst,” Pelosi continued. “We’re calling the National Guard, now? It should’ve been here to start out. I just don’t understand it. Why do we empower people this way by not being ready?”
Of course we now know that Trump loyalists prevented the National Guard from being deployed for several hours. There’s much more at the link.
Hours after a mob of Donald Trump supporters stormed the U.S. Capitol and assaulted dozens of police officers in an attempt to reach members of Congress, Rep. Nancy Pelosi, D-Calif., then the House speaker, referred to the then-president as “a domestic enemy.”
The comments came in video shot by documentary filmmaker Alexandra Pelosi, Pelosi’s daughter, that HBO recently turned over to Congress. NBC News on Tuesday reviewed more than 30 minutes of video from the roughly 48 hours surrounding the Capitol attack on Jan. 6, 2021, including video that showed Pelosi being led away from the building by her security detail as she pressed her staff members to get the National Guard to respond to the Capitol.
The newly surfaced remarks go further than the public ones she made on Jan. 7, when she said Trump had “incited an armed insurrection against America” and “instigated” an attack that would “forever stain our nation’s history.”
“We take an oath to protect our country from all enemies, foreign and domestic,” she said. “There is a domestic enemy in the White House. And let’s not mince words about this.”
The previously unaired video also shows Pelosi taking responsibility for not pressing law enforcement officials harder about their preparations ahead of the attack.
“Why weren’t the National Guard there to begin with?” Pelosi asked. “They clearly didn’t know, and I take responsibility for not having them just prepared for more,” she said as she was being escorted away by security on Jan. 6. “It’s stupid that we should be in a situation like this.”
Pelosi would not have had independent authority to summon the National Guard, and the Capitol Police Board is in charge of security for the U.S. Capitol. The head of the Capitol Police resigned shortly after the riot, as did the House sergeant-at-arms, and the video shows Pelosi in discussions with her staff about getting resignations from both officials.
“They thought these people would act civilized? They thought these people gave a damn? What is it that is missing here in terms of anticipation?” she added….
The comments also indicate that Pelosi was skeptical about the motivations of the law enforcement community, which is generally conservative-leaning. (A high-ranking FBI official, for example, was warned in the hours after the attack that many within the bureau were “sympathetic” to the Capitol rioters.)
“Shame on us,” Pelosi said as her security unit whisked her off to nearby Fort McNair, where several congressional leaders ended up on the night of Jan. 6 when the facility turned into a command center for those in the order of presidential succession. “Shame on us. I’m suspicious of them and their motivations, tell you the truth.”
That’s three big stories to chew on. What do you think?
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
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