Lazy Caturday Reads

Happy Caturday!!

By Paul Bond

By Paul Bond

The U.S. media and the pundit class are still trying to drive Joe Biden out of the presidential race, and I’m sick and tired of it. These privileged people have the wherewithal to leave the country if Trump gets back in the White House; I don’t.

I see no evidence that Biden is experiencing “cognitive decline,” and he certainly does not have dementia. Democrats should be rallying around Biden, whether they like him personally or not. He is the only thing standing between us and a MAGA dictatorship. Biden needs to stay in the race and beat Trump. He did it once; I believe he can do it again.

Once he’s elected, if Biden wants to retire before the end of his term, Kamala Harris will be there to take over. If he leaves now, Harris will likely be unable to appoint someone as VP, because both houses of Congress have to confirm her choice. The Republicans would joyfully block anyone she picks.

Last night Biden submitted to an interview with ABC’s George Stephanopoulos. I tried to watch it, but I had to turn it off. Stephanopoulos’s questions were ignorant, insulting, and patronizing. I just couldn’t handle it. You can read the full transcript at ABC News.

I recommend this piece by Rebecca Solnit at The Guardian: Why is the pundit class so desperate to push Biden out of the race?

I am not usually one to offer diagnoses of people I’ve never met, but it does seem like the pundit class of the American media is suffering from severe memory loss. Because they’re doing exactly what they did in the 2016 presidential race – providing wildly asymmetrical and inflammatory coverage of the one candidate running against Donald J Trump.

They have become a stampeding herd producing an avalanche of stories suggesting Biden is unfit, will lose, and should go away, at a point in the campaign in which replacing him would likely be somewhere between extremely difficult and utterly catastrophic. They do this while ignoring something every scholar and critic of journalism knows well and every journalist should. As Nikole Hannah-Jones put it: “As media we consistently proclaim that we are just reporting the news when in fact we are driving it. What we cover, how we cover it, determines often what Americans think is important and how they perceive these issues yet we keep pretending it’s not so.” They are not reporting that he is a loser; they are making him one.

According to one journalist’s tally, the New York Times has run 192 stories on the subject since the debate, including 50 editorials and 142 news stories. The Washington Post, which has also gone for saturation coverage, published a resignation speech they wrote for him. Not to be outdone, the New Yorker’s editor-in-chief declared that Biden not going away “would be an act not only of self-delusion but of national endangerment” and had a staff writer suggest that Democrats should use the never-before-deployed 25th amendment.

Since this would have to be led by Vice-President Kamala Harris, it would be a sort of insider coup. And so it goes with what appears to be a journalistic competition to outdo each other in the aggressiveness of the attacks and the unreality of the proposals. It’s a dogpile and a panic, and there is no one more unable to understand their own emotional life, biases, and motives than people who are utterly convinced of their own ironclad rationality and objectivity, AKA most of these pundits.

Serial Cudlers, by Daniel Ryan

Serial Cuddlers, by Daniel Ryan

Speaking of coups, we’ve had a couple of late, which perhaps merit attention as we consider who is unfit to hold office. This time around, Trump is not just a celebrity with a lot of sexual assault allegations, bankruptcies, and loopily malicious statements, as he was in 2016. He’s a convicted criminal who orchestrated a coup attempt to steal an election both through backroom corruption and public lies and through a violent attack on Congress. The extremist US supreme court justices he selected during his last presidential term have themselves staged a coup this very Monday, overthrowing the US constitution itself and the principle that no one is above the law to make presidents into kings, just after legalizing bribery of officials, and dismantling the regulatory state by throwing out the Chevron deference.

His own former staffers are part of the Heritage Foundation’s team planning to implement Project 25 if Trump wins, which would finish off our system of government with yet another coup. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” said the foundation’s president the other day. This alarms me. So does the behavior of the US mainstream media, which seems more concerned with sabotaging the only thing standing between us and this third coup.

“Why aren’t we talking about Trump’s fascism?” demands the headline of Jeet Heer’s piece in the Nation, to which the answer might be a piece by the Nation’s own editor-in-chief titled “Biden’s patriotic duty” that proposes his duty is to get lost. Sometimes I wonder if all this coverage is because the media know how to cover a normal problem like a sub-par candidate; they don’t know how to cover something as abnormal and unprecedented as the end of the Republic. So for the most part they don’t.

Biden is old. He was one kind of appalling in the 27 June debate, listless and sometimes stumbling and muddling his words. But Trump was another kind of appalling, in that almost everything he said was an outrageous lie and some of it was a threat. I get that writing about the monstrosity that is Trump faces the problem that it’s not news; he’s been a monster spouting lurid nonsense all his life (but his political crimes are recent, and his free-associating public soliloquies on sharks, batteries, toilets, water flow, and Hannibal Lector, among other topics, are genuinely demented). He’s a racist, a fascist, and a rapist (according to a civil-court verdict).

We are deciding if this nation has a future as a more-or-less democratic Republic this November, and on that rides the fate of the earth when it comes to acting on climate change. If the US falters at this decisive moment in the climate crisis, it will drag down everyone else’s efforts. Under Trump, it will. But the shocking supreme court decisions this summer and the looming threat of authoritarianism have gotten little ink and air, compared to the hue and cry about Biden’s competence.

Click the link to read the rest.

It has been more than a week since the debate now, and polls are beginning to reflect voters’ reactions. Gregory Korte and Mark Niquette report at Bloomberg: Biden Narrows Gap With Trump in Swing States Despite Debate Loss.

President Joe Biden registered his best showing yet in a Bloomberg News/Morning Consult tracking poll of battleground states, even as voters offered withering appraisals of his debate performance amid panic within his party.

Cat in a cardboard box, by Ruskin Spear

Cat in a cardboard box, by Ruskin Spear

Republican Donald Trump led Democrat Biden by only 2 percentage points, 47% to 45%, in the critical states needed to win the November election. That’s the smallest gap since the poll began last October. Biden now leads Trump in Michigan and Wisconsin. He’s within the poll’s statistical margin of error in Arizona, Georgia, Nevada and North Carolina, and is farthest behind in the critical state of Pennsylvania.

Swing-state voters thought Biden acquitted himself poorly in the debate, with fewer than one in five respondents saying the 81-year-old was the more coherent, mentally fit or dominant participant.

The poll results land as the Democratic Party finds itself in an extraordinary bind mere weeks before its nominating convention. To pressure Biden into releasing delegates would be to abandon a candidate who has beaten Trump before and has portrayed his debate debacle as the latest surmountable setback in a career marked by personal tragedies and three previous White House campaigns.

Voters’ reactions to Biden’s debate performance:

The Bloomberg News/Morning Consult poll is the first comprehensive survey of the states most likely to decide the outcome in the Electoral College since the debate on June 27. Its findings run counter to some recent national polls, which showed a worsening picture for Biden. The poll could turn out to be a statistical outlier.

While the results show a “modest boost” in concerns about Biden’s mental acuity, they’re “nothing to match the level of alarm expressed by prominent voices in the Democratic Party,” said Eli Yokley, US political analyst for Morning Consult. “This suggests the age matter was already baked into most voters’ minds: The only difference now is more Democrats are acknowledging it.”

The view from the swing states could be affected by an advertising blitz from Biden and his Democratic allies, who have lately outspent their Republican rivals 5-to-1 in those places.

The Bloomberg News/Morning Consult poll also started four days after the debate — later than some national polls — giving voters more time to evaluate Biden’s performance.

The poll’s first responses came on the day the Supreme Court granted Trump immunity for criminal acts he may have committed as part of his “official responsibilities.” The issue of democracy now rivals immigration as the second-biggest concern among swing-state voters, and it’s one of few issues — including climate change, abortion and health care — where Biden enjoys a significant edge in voter trust.

Read more if you can get past the paywall. I signed up for free articles for one day.

NBC News has a gossipy article about supposed conflicts between President Biden’s family and staff. I’m no going to quote from it; it’s very similar to the gossip column-like pieces that the NYT and WaPo like to publish. But here’s a link, if you want to read it. It’s quite melodramatic, so have a fainting couch and smelling salts handy: ‘It’s Shakespearean’: Long-simmering tensions between Biden’s family and aides spill out.

Meanwhile, Trump is up to no good, as usual. He and his thugs have noticed that Americans might not want to have an unfettered strongman in place of a normal president. They are starting to hear about the Heritage Foundation and “Project 2025, and it’s not going over well with normal people as opposed the MAGA maniacs. So yesterday, someone post at Truth Social in Trumps name, claim to know nothing, nothing at all about Project 2025. (I know Trump didn’t actually write the post, because there were no misspellings or oddly capitalized words; and it included words like “abysmal.”

Maya Yang at The Guardian: Donald Trump claims to ‘know nothing’ about Project 2025.

Donald Trump is trying to claim he has “nothing to do” with Project 2025, a political roadmap created by people close to him for his potential second term.

The project, which is led by the Heritage Foundation, a conservative thinktank, seeks to crack down on various issues including immigration, reproductive rights, environmental protections and LGBTQ+ rights. It also aims to replace federal employees with Trump loyalists across the government.

Tell us a story, by Dolores McKay, 1923

From the book “Tell us a story,” by Dolores McKay, 1923

Trump wrote in a post on his Truth Social network: “I know nothing about Project 2025. I have no idea who is behind it. I disagree with some of the things they’re saying and some of the things they’re saying are absolutely ridiculous and abysmal. Anything they do, I wish them luck, but I have nothing to do with them.”

The former president’s post came a day after the Heritage Foundation’s president, Kevin Roberts, said the US was in the midst of a “second American revolution” that can be bloodless “if the left allows it to be”. He made the comments on Steve Bannon’s War Room podcast, adding that Republicans are “in the process of taking this country back”.

In response to Trump’s post, several critics were quick to point out that it appears unlikely that he is unaware of Project 2025, given that many individuals involved in the project are his closest allies.

“Many people involved in Project 2025 are close to Trump world & have served in his previous admin,” CNN’s Alayna Treene said.

Also from The Guardian, Robert Reich: We should all be terrified of Trump’s Project 2025.

“Project 2025” is nothing short of a 900-page blueprint for guiding Donald Trump’s second term of office if he’s re-elected.

After the Heritage Foundation unveiled Project 2025 in April last year, when Trump was seeking the Republican nomination, he had no problem with it.

But now that the nation is turning its attention to the general election, Trump doesn’t want Project 2025 to draw attention. Its extremism is likely to turn off independents and moderates.

So Trump is now claiming he has “no idea who is behind” Project 2025….

The Project 2025 playbook was written by more than 20 officials who Trump himself appointed during his first term. If he has “no idea” who they are, he’s showing an alarming cognitive decline.

One of the leaders of Project 2025 is Russ Vought. Vought was Trump’s director of the Office of Management and Budget, a key position in the White House. Vought is also drafting Trump’s 2024 GOP platform.

Another Project 2025 leader is John McEntee, another of Trump’s top White House aides. (McEntee recently went viral in a video in which he claimed he gives counterfeit money to homeless people to get them arrested.)

Even the national press secretary for Trump’s campaign appears in the Project 2025 recruitment video.

A bit more:

Trump says he “knows nothing” about Project 2025. And he says he “disagrees” with it.

As the former chairman of the Republican party, Michael Steele put it, “Ok, let’s all play with Stupid for minute … so exactly how do you ‘disagree’ with something you ‘know nothing about’ or ‘have no idea’ who is behind, saying or doing the thing you disagree with?”

Bed kitty

Artist unknown

Trump may also be worried that Heritage president Kevin Roberts could alarm independents and moderates. On Wednesday, Roberts raised the prospect of political violence. “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be,” Roberts told the War Room podcast, founded by Trump adviser Steve Bannon.

But let’s be clear. The Trump campaign platform is basically Project 2025. Trump’s Make America Great Again Pac is running ads calling it “Trump’s Project 2025”.

The Make America Great Again Pac also created the website TrumpProject2025.com. In case there’s any doubt that Trump and the Heritage Foundation are working in close partnership, Trump can be seen in this video praising the Heritage Foundation and saying he “needs” them to “achieve” his goals.

The close relationship between Trump and the Heritage Foundation goes back years. In 2018, the Heritage Foundation bragged that Trump implemented two-thirds of their policy recommendations in his first year – more than any other president had done for them.

The goals of Project 2025 are the same goals Trump tried to achieve in his first term or has been advocating in this campaign.

One key goal of Project 2025 is to purge all government agencies of anyone more loyal to the constitution than to Trump – a process Trump himself started in October 2020 when he thought he would remain in office.

Trump has promised to give rightwing evangelical Christians what they want. Accordingly, Project 2025 calls for withdrawing the abortion pill mifepristone from the market, expelling trans service members from the military, banning life-saving gender affirming care for young people, ending all diversity programs, and using “school choice” to gut public education.

Read the rest at The Guardian.

Trump is trying to use the SCOTUS “immunity” ruling to get rid of the espionage and other charges against him for stealing and hoarding secret government documents.

Kyle Cheney at Politico: Trump seeks new pause in classified documents case, citing Supreme Court’s immunity ruling.

Donald Trump says the Supreme Court’s ruling that he has blanket immunity from prosecution for his “official acts” as president should result in a monthslong pause of his criminal proceedings in Florida.

The Friday filing by Trump’s legal team with U.S. District Judge Aileen Cannon is the latest move by the former president to seize on the high court’s landmark immunity ruling to sideline his lingering criminal cases. He is asking Cannon for a chance to argue the immunity issue before her between now and early September, effectively pausing all other proceedings in the case by two months.

3c70b473e18cfff9d0543e43468670c4Trump has argued that his decision to transmit classified documents to his Florida home as he prepared to leave the presidency should be treated as an “official act” and be removed from special counsel Jack Smith’s case against Trump for allegedly hoarding national security secrets at his Mar-a-Lago estate. Now, he says, the Supreme Court’s ruling requires that the case be put on hold until the immunity issue is resolved.

The push by Trump is the latest effort to wield the Supreme Court’s decision as a weapon in his ongoing cases in Florida, Washington, D.C. and Georgia, each of which implicate some of Trump’s actions in his final months in the White House. The ruling has already scrambled plans for New York state judge Juan Merchan to sentence Trump on his 34-count conviction for concealing evidence of his alleged 2006 affair wiAlth porn star Stormy Daniels. Though that case centered on Trump’s private actions, some of the evidence prosecutors relied on overlapped with his first two years in the White House, which Trump contends should have been treated as off-limits.

A few more interesting stories to check out:

Thom Hartmann at Common Dreams: Trump’s Far-Right Army Is Threatening Bloodshed. Believe Them.

AP via HuffPost: Kansas Supreme Court Strikes Down Two Anti-Abortion Laws.

Raw Story: ‘Investigate!’ Outrage as MAGA candidate accused of misdeeds at dangerous daycare he ran.

AlJazeera: World leaders congratulate Iran’s Pezeshkian on presidential election win.

CNN: Hamas ready to drop key demand in truce and hostage deal, official says.

That’s it for me today. I hope you all are enjoying the long weekend.


Wednesday Reads

Good Day!!

Anderson-Kayoon-Studio-Scene

Studio Scene, by Kayoon Anderson

Today, the press and cable TV are mostly focused on tomorrow’s debate and how Biden can deal with Trump’s insanity and incoherence. I don’t find the discussions about this very interesting. I think Biden knows how to bait Trump, and no one really knows what crazy nonsense Trump will unleash. I hope Biden will mock Trump’s fear of sharks and electric boats; his claims that there’s not enough water in shower heads and dishwashers; and his claim that he got his vast knowledge about “nuclear” by osmosis from his uncle the MIT professor. Trump has absolutely no interest or knowledge about policy and Biden can demonstrate that too.

It is concerning that Trump is claiming Biden will be “jacked up” on drugs, because low information voters appear to be incredibly stupid and will likely believe it. Of course, Trump is the one who could be using drugs as a crutch.

Philip Bump at The Washington Post: No, Biden won’t be on performance-enhancing drugs for the debate.

Allies of Donald Trump have painted themselves into a cognitive corner. President Biden is unfit for office, they argue, because he is so old, and his mental abilities have deteriorated markedly. But then Biden will, say, deliver a State of the Union address in which he is energetic and pointed for more than an hour.

So they modify their claim: Biden is addled and wandering, except when he is given some sort of medication, perhaps a stimulant, that reverses that effect. And here we are, with Trump and those seeking his reelection to the White House demanding that Biden submit to some sort of drug test before this week’s first presidential debate, purportedly in effort to sniff out this theoretical drug.

Experts who spoke with The Washington Post, though, confirm that no such medicine exists.

At the outset, we should recognize that this claim is generally not offered seriously. It is, instead, an effort to escape the aforementioned contradiction, a way to hold both that Biden is incapable of serving as president and yet, unquestionably at times, not demonstrating any such impairment. What’s more, the demand that Biden undergo a drug test is itself not serious. It is, instead, meant to create a condition that allows Trump and his allies to continue to claim that any strong performance from Biden is a function of medication. The result is win-win for Trump, who can blame any loss on this wonder drug.

The wackos at Fox “News” are busy speculating about what drugs Biden could be using.

Host Maria Bartiromo — no stranger to conspiratorial argumentation — hosted Rep. Eric Burlison (R-Mo.) where she offered an observation made by Rep. Ronny Jackson (R-Tex.).

“Jackson says Biden will have been at Camp David for a full week before the debate,” Bartiromo said, “and that they’re probably experimenting with getting doses right. Giving him medicine ahead of the debate.”

Burlison agreed that this was possible, though he offered that it might be more innocuous than medication. Perhaps, he said, Biden’s team is “jack[ing] him up on Mountain Dew.”

“Nothing like that exists,” Thomas Wisniewski, director of the NYU Langone Alzheimer’s Disease Research Center, told The Washington Post by phone. “There are no medications or stimulants that can reverse a dementing process transiently.”

but quite often that can just exacerbate their confusion, as well,” he added. “They can be more stimulated, but they are not going to be behaving in a more cogent or normal fashion as a result of being stimulated by anything. Very often it’s the reverse.”

Adam Brickman, associate professor of neuropsychology at Columbia University Irving Medical Center, concurred with that assessment.

“I’m not aware of any medications that would reverse or mask cognitive decline,” Brickman said. What’s more, he noted that “the association between energy and cognition is a very weak one. In other words, someone could have low energy but totally intact cognition and vice versa.”

Of course the goal of these drug claims is to prepare the idiots who support Trump for the likelihood that Biden will wipe the floor with Trump during tomorrow’s debate.

Amanda Marcotte at Salon: Trump’s claim that Biden is “jacked up” on drugs is more than projection — it’s cult conditioning.

Donald Trump has been thinking a lot about cocaine lately, even though drug-running is one of the few felony charges he’s not been indicted or convicted for. He has been routinely accusing President Joe Biden of using drugs, with the usual vivid details Trump injects into all his weird fantasies. “So a little before debate time, he gets a shot in the a—,” Trump told rallygoers in Philadelphia Saturday. “I say he’ll come out all jacked up,” he added, before going off on a diatribe accusing Biden of being the owner of a bag of cocaine found in a White House visitors’ closet last year.

La Lecture, 1877, by Henri Fanton-Latour

La Lecture, 1877, by Henri Fanton-Latour

Since there’s no flight of Trump’s fancy too bizarre for right-wing media, this obsession of Trump’s is getting echoed by Republican politicians and MAGA talking heads. Fox News hosts, Republican politicians, MAGA media influencers, and every right-wing troll on Twitter have been playing their part as well-trained parrots, repeating the lie. The National Republican Congressional Committee (NRCC) is even putting the lie in paid advertising.

Everyone knows that Trump’s favorite rhetorical tactic is psychological projection. You’d think Republicans would be a little more worried this would raise questions about what Trump has been ingesting. But no: The campaign tapped disgraced former White House doctor Rep. Ronny Jackson, R-Tex. to be a major Trump surrogate pushing this lie. Jackson’s been hitting both TV and podcasts to toss around drug names like “Adderall” and “Provigil.” This only reinforces suspicions that this accusation is a confession, however. When Jackson was Trump’s White House doctor, he earned the nickname “Dr. Feelgood” for relentlessly pushing these drugs on people who do not need themJackson’s behavior was so egregious that the Navy stripped him of his rank.

What’s telling about this lie is, as with many MAGA falsehoods, it seems few, if any, of the people repeating it actually believe it. Trump and his allies have accused Biden not just of being a little tired at times, but of having dementia. As Mona Charen pointed out on the “Daily Blast” podcast, if Adderall could restore a demented person’s brain, they’d be mass distributing it to the millions of people who are suffering from this disease. As for the cocaine accusation, even the most naive person in the country knows cocaine makes people less coherent, not sharper. It causes people to ramble on about nonsense, which is closer to describing your average Trump speech, not anything Biden has been up to.

Trump is using his second favorite trick, besides projection: Tricking his followers into believing they’re in on his con.

Trump isn’t trying to convince anyone of this lie. He’s convincing them that, by repeating the obvious lie, they can share in what they believe is his mastery over reality itself. The lie is not a thing the MAGA person sincerely believes. It’s a weapon Trump has provided them. When he loses the debate, which they clearly expect he will, the lie gives them a way to participate in the post-debate spin. But it’s also the stupidity of the lie that makes it so fun. Saying something deliberately dumb is a reliable way to drive the liberals mad. Angering liberals is the emotional core of the MAGA base….

As I’ve written about before, this strategy is the oldest technique in the con artist’s book. The best way for a grifter to gain a mark’s trust is to make him feel like he’s in on the con. Cult leaders operate the same way, by creating this sense of intimacy with their victims. Once the mark feels he’s part of the conspiracy, it’s that much easier to victimize him. The mark feels like the predator and not the prey, and so he lets his guard down around the actual villain picking his pocket. Trump does this to his followers over and over again, and they always fall for it. Even the Capitol insurrection is a good example. Trump convinced the rioters that they were his partners in the attempted coup. In reality, they were his patsies, set up to take the fall while he hid away in the White House.

Read the whole piece at Salon. It’s good.

NPR has an interesting article on the Biden and Trump “debates” in 2020: COVID tests and crosstalk: What happened the last time Trump and Biden debated.

With Trump and Biden now near even in the latest polls, and many Americans unenthused — and still undecided — about voting for either of them, Thursday’s debate offers both candidates an opportunity. But it’s not without risks.

It’s likely to be a memorable night if 2020 is any indication. Here’s a look at what happened last time Trump and Biden took the stage together….

Albert Edelfelt, Portrait of the artist's sister Bertha Edelfelt, 1881

Albert Edelfelt, Portrait of the artist’s sister Bertha Edelfelt, 1881

The first round, in September 2020, was by many accounts a disaster. NPR’s Domenico Montanaro called it “maybe the worst presidential debate in American history.”

Trump arrived on the debate stage trailing in the polls and, apparently, jonesing for drama. He interrupted Biden constantly, peppering him with questions and personal slights despite moderator Chris Wallace’s pleas for order.

At one point, while Biden was talking about his late son Beau’s military service, Trump jumped in to attack his other son, Hunter, for his drug use (which Biden managed to seize as a sympathetic moment).

Biden tried in vain to ignore Trump talking over him throughout — but called the then-president a “clown” more than once. At one point he had clearly had enough.

“Will you shut up, man?” he said exasperatedly, as Trump continued accusing him of wanting to pack the Supreme Court. “This is so unpresidential.”

Trump even bulldozed over Wallace, prompting the then-Fox News anchor to declare, “Mr. President, I am the moderator of this debate and I would like you to let me ask my question and then you can answer.”

A bit more on the first “debate”:

Still, a few substantive moments stood out amidst the chaos and crosstalk.

One was when Wallace asked if Trump was willing to condemn white supremacists and tell them to “stand down.”

Trump blamed the “left-wing” instead, but said he was prepared to do so. At that point, both Wallace and Biden urged him to go ahead. Trump asked for a name, and Biden suggested the Proud Boys.

“Proud Boys, stand back and stand by,” Trump said, in what sounded more like a call to action, and quickly became part of the far-right extremist group’s new social media logo.

Trump also repeatedly made baseless claims about the upcoming election being rigged, saying “This is going to be fraud like you’ve never heard.”

When Wallace asked if he would urge his supporters to stay calm during a potentially prolonged period of counting ballots, Trump demurred. He said instead that he was “urging my supporters to go into the polls and watch very carefully.”

“If it’s a fair election, I am 100% on board,” he said. “But if I see tens of thousands of ballots being manipulated, I can’t go along with that.”

Read the rest at NPR.

The Supreme Court is still releasing decisions. Once again, they have held back the one on Trump’s claim of “presidential immunity.” They announced two decisions today.

The Guardian: US supreme court allows government to request removal of misinformation on social media.

The US supreme court has struck down a lower court ruling in the case of Murthy v Missouri, finding that the government’s communications with social media platforms about Covid-19 misinformation did not violate the first amendment. The court’s decision permits the government to call on tech companies to remove falsehoods and establishes boundaries around free speech online.

The court ruled 6-3 that the plaintiffs had no standing to bring the case against the Biden administration, with conservative justices Samuel Alito, Clarence Thomas and Neil Gorsuch dissenting.

The ruling is a blow to a longstanding Republican-backed effort to equate content moderation with censorship. Plaintiffs in the lawsuit, which included the founder of a far-right conspiracy website, argued that the government and federal agencies were coercing tech companies into silencing conservatives through demands to take down misinformation about the pandemic.

Bloomberg Law: Supreme Court Further Weakens Public Corruption Prosecutions.

The US Supreme Court again pared back a public corruption law, this time saying that state and local officials who accept “gratuities” aren’t covered by a federal bribery statute.

The 6-3 ruling by Justice Brett Kavanaugh on Wednesday was the latest in a string of cases cutting the reach of federal corruption laws and prosecutorial discretion to bring charges against government officials.

Woman reading in garden. Ignacio Díaz Olano

Woman reading in garden. Ignacio Díaz Olano

In the latest case, Snyder v. United States, the justices said a law which makes it a crime for certain state or local officials to “corruptly” accept anything of value over $5,000 doesn’t reach gratuities paid in recognition of past actions.

The ruling undoes the conviction of former Portage, Indiana, Mayor James Snyder for receiving $13,000 from a trucking company after it was awarded city contracts.

A contrary ruling had the potential to criminalize “commonplace gratuities” like a Dunkin’ Donuts gift card, Chipotle dinner, or tickets to a Hoosiers game, the court said.

The ruling split the justices along ideological lines. Writing for the liberal justices in dissent, Justice Ketanji Brown Jackson said “Snyder’s absurd and atextual reading of the statute is one only today’s Court could love.”

The justices’ concern over prosecutorial overreach could have implications for a number of criminal cases over the Jan. 6 Capitol riot. The justices in Fischer v. United States are considering whether federal prosecutors went too far in charging some defendants with an Enron-era statute prohibiting obstruction of an official proceeding.

Judge Aileen Cannon held another hearing yesterday in her efforts to waste as much time as possible and prevent the stolen documents case from going to trial. Here’s some of what happened:

Adam Klasfeld at Just Security: Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster.

Nearly two years after the FBI’s search of Mar-a-Lago, former President Donald Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.

Trump’s attorney, Emil Bove, argued that the search warrant was not detailed enough to survive Fourth Amendment scrutiny.

U.S. District Judge Aileen Cannon pointedly disagreed: “It seems like it is, based on the caselaw that’s been submitted,” she said, minutes before court adjourned.

Though Cannon did not immediately issue a ruling, Trump’s challenge hinges on the “particularity” of the warrant, and her remarks throughout the proceedings left little doubt as to her leanings.

“It’s clearly delineated there to search for documents with classification markings,” she remarked toward the start of the hearing.

Click the link to read more about the hearing.

At Public Notice, Liz Dye wrote about Trump’s claims that he should be able to attack anyone involved in the legal cases against him: Trump asserts constitutional right to harass FBI agents.

In the stolen documents case in Florida, Trump called the special counsel’s motion to stop him from spreading vicious lies about the FBI agents who searched Mar-a-Lago a “naked effort to impose totalitarian censorship of core political speech, under threat of incarceration, in a clear attempt to silence President Trump’s arguments to the American people about the outrageous nature of this investigation and prosecution.” [….]

In Florida, Special Counsel Jack Smith moved to bar Trump from accusing the FBI agents who executed the search warrant at Mar-a-Lago of trying to assassinate him.

The backstory is that on May 21, Trump claimed to have been “shown Reports” that President Biden “AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE” back in August 2022 when it raided the private club where he was storing stolen government documents.

Bild 594

Sleeping Woman with a Book, by Ferdinand Max Bredt

In fact, the “Report” was boilerplate language from the FBI’s operations order for the warrant, attached as an exhibit to his own motion to suppress the evidence kicked up on that raid. The FBI took great care to execute the warrant at a time when the club was shuttered for the season and there was no prospect that the former president and his family would be there. Nevertheless, Trump and his MAGA henchmen spent several news cycles claiming that President Biden had sent in agents “locked and loaded” ready to shoot him.

Those agents will necessarily be witnesses at the trial (should it ever happen), and yet Trump is falsely accusing them of attempted murder. Two of them were already publicly outed back in 2022 when someone gave the unredacted warrant to Breitbart and a former Trump aide, both of whom published it with the agents’ signatures visible.

After the agents were doxxed, they and their families were threatened and harassed, which influenced Magistrate Judge Bruce Reinhart’s decision to keep under seal parts of the affidavit in support of the warrant.

“Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated,” he wrote.

Judge Cannon doesn’t seem to think this is a big deal.

Trump insists that his lies about the FBI are “core political speech” protected by the First Amendment. He also deliberately distorts the “heckler’s veto,” as he has done many times before, claiming that he cannot be silenced to prevent foreseeable, violent acts by his supporters. But as the DC Circuit wrote in its order upholding the gag order in the election interference case, “That doctrine prohibits restraining speech on the grounds that it ‘might offend a hostile mob’ hearing the message.” [….]

The DC Circuit judges noted that the trial judge need not find that the defendant’s statements had led to violent attacks in this case, they could infer the danger from attacks on everyone from Atlanta poll workers, to grand jurors in Fulton County, to the jury foreperson doxxed in the Roger Stone case. Applying the standard set out by the Supreme Court in Gentile v. State Bar of Nevada, the judges blessed the gag order based on a finding that Trump’s attacks on witnesses, jurors, and court staff posed a “substantial likelihood of materially prejudicing” the proceedings.

But that may not matter to Judge Aileen Cannon, who showed marked hostility to this (and every other) prosecutorial motion at a hearing Monday in Fort Pierce, where she waved away the ample record of Trump endangering witnesses and law enforcement, as well as an exhibit showing threats to FBI agents by a man who was killed in an attempted attack on an FBI building in Cincinnati just days after the warrant on Mar-a-Lago was executed.

“There still needs to be a factual connection between A and B,” the judge said, rebuffing Assistant US Attorney David Harbach’s efforts to make the government’s case.

“Mr. Harbach, I don’t appreciate your tone,” she fumed in response to the complaint that she wasn’t letting the government articulate its position, according to Just Security’s Adam Klasfeld, who was in the courtroom. “I expect decorum in this courtroom at all times. If you cannot do that, I’m sure one of your colleagues can take up this motion.” [….]

It seems highly unlikely that Cannon will do anything to curb Trump’s speech, until someone else gets hurt — and, if and when that happens, she will blame the government for failing to properly argue in favor of the gag order.

One more on the stolen documents case from Justin Rohrlich at The Daily Beast: New Pics Show Nuclear Secrets Stashed Beside the Diet Cokes at Mar-a-Lago.

On Monday night, following Trump’s latest disingenuous contention—that the FBI agents who seized and reviewed the contents of boxes upon boxes of sensitive materials stored at Mar-a-Lago “failed to maintain” the exact order of the documents within, which Trump now claims could somehow exonerate him—government lawyers filed a scathing response letting the air out of Trump’s contentions.

Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).

Nikolai Bekker Portrait of Countess Maria Hilarionovna Worontsov-Dachkova (1919).

Far from a neatly ordered system under which Trump, a notorious pack rat, maintained a precise inventory of important documents, Special Prosecutor Jack Smith, along with prosecutors Jay Bratt and David Harbach, noted the “cluttered collection of keepsakes,” which “traveled from one readily accessible location to another” around the Palm Beach, Florida club.

“[T]his is not a case where reams of identically-sized documents were stacked neatly in file folders or redwelds, arrayed perfectly within a box,” the filing states. “To anyone other than Trump, the boxes had no apparent organization whatsoever.”

Trump kept highly guarded secrets in boxes with “personally chosen keepsakes of various sizes and shapes from his presidency—newspapers, thank you notes, Christmas ornaments, magazines, clothing, and photographs of himself and others,” the government’s filing goes on.

“After they landed in stacks in the storage room, several boxes fell and splayed their contents on the floor; and boxes were moved to Trump’s residence on more than one occasion so he could review and pick through them,” the filing continues. “Against this backdrop of the haphazard manner in which Trump chose to maintain his boxes, he now claims that the precise order of the items within the boxes when they left the White House was critical to his defense, and, what’s more, that FBI agents executing the search warrant in August 2022 should have known that.”

Smith, Bratt, and Harbach included a slew of exhibits to back up their position, with numerous previously unseen pictures of Trump’s decidedly chaotic storage methods. One shows assorted wadded-up golf shirts side-by-side with a folder marked “CONFIDENTIAL.” Another shows extremely sensitive defense-related documents carelessly stacked up on the floor beside cases of Diet Coke, a Hermes tie box, and a “Save America” cap, several toppled boxes with papers, binders, and folders spilling out, and a box containing a Christmas pillow and a random length of bubble wrap, beneath which, as national security analyst and writer Marcy Wheeler pointed out, at least one document prosecutors say was related to America’s nuclear weapons program.

In one exhibit, Smith & Co. provide a new photo of a storage closet at Mar-a-Lago where the contents of at least five upturned bankers boxes can be seen spilling out onto the floor. Several suit jackets in plastic dry cleaning bags hang from a rack above them, a Gibson guitar case leans against the wall, and what appears to be a piece of rococo plaster molding teeters atop a cardboard box nearby. According to the indictment, one of the boxes seen here contained a 2019 document marked “SECRET//REL TO USA, FVEY,” which denotes the Five Eyes intelligence alliance that includes Australia, Canada, New Zealand, the United Kingdom, and the U.S.

Read more and see photos at the Daily Beast link.

This post is getting really long, so I’m going going to end there. I’ll add a few more links in the comment thread. Have a great day, everyone!!