Posted: November 19, 2022 Filed under: cat art, caturday, just because | Tags: Dobbs decision, DOJ, Elon Musk, Hobby Lobby decision, Jack Smith, January 6 investigation of Trump, Mar-a-Lago documents investigation, Merrick Garland, obstruction of justice, Special Counsel, Supreme Court, Twitter
By surrealist artist Ophelia Redpath, 1965
I wish I had kept a record of my sleep patterns and accompanying political events over the past 7 years. I know I rarely slept through the night during the first couple of years of Trump’s “presidency.” I would stay up late, sleep a couple of hours and wake up at 3AM to obsessively check twitter for news, and still get up early the next day. Now I’m going through a period of time when I can’t get to sleep until very late–around 1:00-2:00AM–and then sleeping until 10:00 or 11:00AM. I’m also getting old–I’ll be 75 soon–and it takes me awhile to get going in the morning. Anyway, I slept until 10:00 today, so I’m once again very late in posting. If only we knew what is going to happen with the Trump investigations, maybe I would be able to go back to sleeping like a normal person.
As everyone knows by now, yesterday Merrick Garland announced the appointment of a special prosecutor to decide whether to indict Trump in the Mar-a-Lago documents and January 6 insurrection cases–including whether Trump has obstructed justice.
CNN: DOJ announces special counsel for Trump-related Mar-a-Lago and January 6 criminal investigations.
Attorney General Merrick Garland on Friday appointed a special counsel to oversee the criminal investigations into the retention of national defense information at former President Donald Trump’s Mar-a-Lago resort and parts of the January 6, 2021, insurrection.
Both investigations implicate the conduct of Trump, who on Tuesday declared his candidacy in the 2024 presidential race, making him a potential rival of President Joe Biden.
“Based on recent developments, including the former president’s announcement that he is a candidate for president in the next election, and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” Garland said at the Justice Department on Friday.
Jack Smith, the former chief prosecutor for the special court in The Hague, where he investigated war crimes in Kosovo, will oversee the investigations….
The prosecutions of those who physically breached the US Capitol have been the most public aspect of the Justice Department’s January 6 probe, and those will remain under the purview of the US Attorney’s office in Washington, DC. But behind the scenes, prosecutors have subpoenaed scores of witnesses close to the former president for documents and testimony in the probe.
White Cat by Igor Galanin
“I intend to conduct the assigned investigations, and any prosecutions that may result from them, independently and in the best traditions of the Department of Justice,” Smith said in a statement Friday. “The pace of the investigations will not pause or flag under my watch. I will exercise independent judgment and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.” [….]
According to multiple sources, both the Mar-a-Lago investigation and the January 6 investigation around Trump are aiming to gather more information and bring witnesses into a federal grand jury in the coming weeks. Prosecutors sent out several new subpoenas related to both investigations in recent days, with quick return dates as early as next week.
Some of the witnesses being pursued in this round had not spoken to the investigators in these cases before, according to some of the sources.
Most of the TV/Twitter legal experts are saying this was a good decision by Garland. One dissenter is Neal Kaytal, who says it is a big mistake.
From Raw Story: Legal experts: Special counsel investigating Trump will move very quickly.
Former top DOJ official Andrew Weissmann believes that newly-appointed special counsel Jack Smith will move with haste in his investigations of former President Donald Trump.
Speaking with MSNBC’s Lawrence O’Donnell, after the host said Smith may become the “most important prosecutor in human history,” Weissmann discussed his history with the new special prosecutor.
“So I’ve known Jack for decades,” Weissman said.
“I was the chief of the criminal division when he started in the U.S. Attorney’s office,” he explained.
“And Jack, as you noted, has had all sorts of positions that make him really perfect for this job in the sense of his experience, he’s a career prosecutor, he’s completely apolitical — in public integrity, they prosecuted Democrats and Republicans,” Weissmann said. “They don’t care, if you committed a crime, it doesn’t matter what party you’re in or whether you’re in no party.”
He noted he learned from Robert Mueller that “you can’t slow things down to use as an excuse not to move forward.”
“For people who are worried about this slowing down, I have the exact opposite reaction.”
Marcy Wheeler suggested another reason why Garland might have taken the step of appointing a special counsel:
I think that makes sense. Of course Trump and Republicans will still claim the investigations are political, and I’m pretty sure Garland knows that. This morning at Politico Playbook, Rachel Bade summarized the political reactions so far: A new special counsel sets Washington ablaze.
Attorney General MERRICK GARLAND’s decision to name a special counsel to helm DONALD TRUMP-related probes at the Justice Department roiled the political world on Friday.
In an afternoon statement delivered before cameras at Main Justice, Garland argued the appointment of veteran DOJ hand JACK SMITH was necessary given that Trump and JOE BIDEN could be facing off for the presidency in 2024. “Such an appointment underscores the department’s commitment to both independence and accountability in particularly sensitive matters,” Garland said.
Some good it did him. On cue, Republicans called foul — and rushed forward to defend an ex-president who had appeared to be losing his grip on the GOP following the party’s disappointing election performance.
By François Batet
AT MAR-A-LAGO … After 10 days of midterm recriminations, the announcement put Trump back in his most comfortable posture: portraying himself as the victim of his corrupt enemies. During a fancy black-tie affair at his Florida resort, Trump told Fox News’ Brooke Singman that he won’t participate in the probe and blasted the DOJ for the “worst politicization” of the department ever.
— “I have been proven innocent for six years on everything — from fake impeachments to [former special counsel ROBERT] MUELLER who found no collusion, and now I have to do it more?” Trump told them. “It is not acceptable. It is so unfair. It is so political.”
ON CAPITOL HILL … Rep. MARJORIE TAYLOR GREENE (R-Ga.) tweeted that Republicans should “IMPEACH MERRICK GARLAND!” and insisted her party “refuse to appropriate any funding to Merrick Garland’s Special Counsel and defund any part of the DOJ acting on behalf of the Democrat party as a taxpayer funded campaign arm for the Democrat’s 2024 presidential nominee.”
— The latter is particularly noteworthy: It sets up a new and explosive spending clash that could easily prompt a government shutdown in the next Congress. Why? MTG and likeminded Trump loyalists will press KEVIN McCARTHY (or whoever else manages to become speaker) to toe a hard line while Democrats will absolutely refuse to defund the investigations. Watch this space.
IN LAS VEGAS … Even former Vice President MIKE PENCE blasted the special counsel appointment as “very troubling” during an appearance at the Republican Jewish Coalition’s annual meeting, according to another good-get interview by Fox’s Brooke Singman and Paul Steinhauser.
— “No one is above the law, but I am not sure it’s against the law to take bad advice from your lawyers,” he said. Pence went on to suggest that the DOJ has been politicized by Democrats and and to knock the FBI for conducting a raid on Mar-a-Lago to fish out classified information Trump had taken to his post-presidency residence. (Note that Smith won’t only be managing the documents probe, but Jan. 6-related matters as well.).
Bade notes that Republicans were all in on the investigation of Hillary Clinton’s handling of classified documents while she was running for president. You can also read a bit of background on Jack Smith at The New York Times.
One more on the Smith appointment from Jennifer Rubin at The Washington Post: Merrick Garland was right to appoint a special counsel.
Advocates of swift action against Trump no doubt will be alarmed by the announcement, but there is less here than meets the eye. For starters, Smith needs no introduction to the Justice Department. He was appointed first assistant U.S. attorney for the Middle District of Tennessee in February 2015. Before that, he worked as head of the department’s Public Integrity Section and as investigation coordinator in the Office of the Prosecutor at the International Criminal Court. He also worked in the U.S. attorney’s office in the Eastern District of New York.
Hold That Tiger by Jeanette Lassen
Most important, the attorney general announced that the career staff who have been working on these cases will continue in their roles. That, Garland suggested, will mean the query will “not slow down.” Smith will make a recommendation to Garland on whether to prosecute Trump. Until then, Garland will have no direct supervision over Smith.
Did Garland need to wait until Trump’s campaign launch to make the appointment? Perhaps not, but so long as Trump was not an active candidate, there was little reason for Garland to step aside. Now that Trump is a potential opponent to Biden, Garland believes it is essential to add a layer of separation between himself and the line prosecutors.
Constitutional scholar Laurence Tribe tells me, “Looking over Jack Smith’s decades of prosecutorial experience, it’s hard to imagine anyone better prepared to hit the ground running and to sew together whatever loose ends remain as he puts together a comprehensive prosecution of the leaders of the attempted coup, with the former president at its center, as well as a powerful prosecution of the former president for his theft of top secret documents as he absconded to Mar-a-Lago.” He adds that, while he previously “publicly urged that there was no need to appoint a special counsel, my principal concern was the need to avoid delay, and it appears that this appointment will solve that problem.”
Norman Eisen, who served as co-counsel to the House impeachment managers during Trump’s first impeachment, agrees. “I have no concern that a special counsel will shy away from charging, and Jack Smith has outstanding experience,” he tells me. Eisen also thinks the move will not cause much of a delay. He observes: “Mr. Smith should move with alacrity. Here, where any other American who had removed the even one classified document would be subject to likely prosecution, and where the former president took dozens, the rule of law demands fast action.”
In other news, The New York Times has an important story about a Supreme Court leak that–like the recent leak of the draft decision overturning Roe v. Wade–involves Justice Sam Alito: Former Anti-Abortion Leader Alleges Another Supreme Court Breach.
As the Supreme Court investigates the extraordinary leak this spring of a draft opinion of the decision overturning Roe v. Wade, a former anti-abortion leader has come forward claiming that another breach occurred in a 2014 landmark case involving contraception and religious rights.
In a letter to Chief Justice John G. Roberts Jr. and in interviews with The New York Times, the Rev. Rob Schenck said he was told the outcome of the 2014 case weeks before it was announced. He used that information to prepare a public relations push, records show, and he said that at the last minute he tipped off the president of Hobby Lobby, the craft store chain owned by Christian evangelicals that was the winning party in the case.
Both court decisions were triumphs for conservatives and the religious right. Both majority opinions were written by Justice Samuel A. Alito Jr. But the leak of the draft opinion overturning the constitutional right to abortion was disclosed in the news media by Politico, setting off a national uproar. With Hobby Lobby, according to Mr. Schenck, the outcome was shared with only a handful of advocates….
Joan Barber, Girl stroking cat
The evidence for Mr. Schenck’s account of the breach has gaps. But in months of examining Mr. Schenck’s claims, The Times found a trail of contemporaneous emails and conversations that strongly suggested he knew the outcome and the author of the Hobby Lobby decision before it was made public.
Mr. Schenck, who used to lead an evangelical nonprofit in Washington, said he learned about the Hobby Lobby opinion because he had worked for years to exploit the court’s permeability. He gained access through faith, through favors traded with gatekeepers and through wealthy donors to his organization, abortion opponents whom he called “stealth missionaries.”
The minister’s account comes at a time of rising concerns about the court’s legitimacy. A majority of Americans are losing confidence in the institution, polls show, and its approval ratings are at a historic low. Critics charge that the court has become increasingly politicized, especially as a new conservative supermajority holds sway.
Read the rest at the New York Times.
From Georgia–NBC News reports that: In win for Democrats, Georgia judge allows early voting in Senate runoff on Saturday after Thanksgiving.
A Fulton County judge ruled Friday that the Georgia Secretary of State cannot prohibit counties from voting on the Saturday after Thanksgiving, a victory for the state Democratic Party and Sen. Raphael Warnock’s campaign.
The order comes after a brief legal battle between Secretary of State Brad Raffensperger’s office and the Democratic Party of Georgia over the Dec. 6 Senate runoff between Warnock and Republican Herschel Walker.
Raffensperger, a Republican, had maintained that changes to Georgia voting laws meant that there could be no early voting on Nov. 26, the only Saturday when it would have been possible for Georgians to cast an early vote in the hotly contested race.
Democrats and Warnock’s campaign filed suit challenging Raffensperger’s determination, and Judge Thomas A. Cox agreed with their arguments in a ruling late Friday afternoon. “The Court finds that the absence of the Saturday vote will irreparably harm the Plaintiffs, their members, and constituents, and their preferred runoff candidate,” the judge wrote.
By Glenn Harrington
Raffensberger’s office will appeal the decision.
The dispute centers on a provision of Senate Bill 202, signed by Republican Gov. Brian Kemp in March 2021, which stipulates early in-person voting must end the Friday before the runoff. This year, that would be Friday, Dec. 2.
The law also stipulates early in-person voting not be held on any Saturday that follows a “public or legal holiday” on the preceding Thursday or Friday. Raffensperger contended that meant there would be no early in-person voting on Nov. 26, the Saturday following Thanksgiving. (It could not be held this weekend because the general election vote is not being certified until Nov. 21.)
Attorneys for the Democrats and Warnock argued the section of the law Raffensperger cited applies to primaries and general elections, but not to runoffs. Cox agreed.
Of course there is tons of news about Twitter and Musk. Here are some links to check out if you’re interested:
Yoel Roth at the New York Times: I Was the Head of Trust and Safety at Twitter. This Is What Could Become of It.
The Guardian: How Elon Musk’s Twitter reign magnified his brutal management style.
The Washington Post: Musk summons engineers to Twitter HQ as millions await platform’s collapse.
The New York Times: Elon Musk’s Twitter Teeters on the Edge After Another 1,200 Leave.
What are your thoughts on all this? What other stories are you following today?
Posted: October 15, 2022 Filed under: caturday, Donald Trump, just because | Tags: 11th Circuit appeals court, Charlottesville rally, DOJ, FBI, January 6 grand jury, John Donnelly, Mar-a-Lago search, Mark Short, Mike Pence, Patriot Front, Richard Spencer, stolen government documents, Unite the Right rally, Walt Nauta, Will Russell, Woburn MA
Portrait of his pet cat by Johann Benjamin Ehrenreich (1733 or 1739–1806
We are living in perilous times. Thanks to Trump’s enabling of U.S. Neo-Nazis, we’re learning that these toxic groups are everywhere–even here in ultra-blue Massachusetts. Back in July, about 100 members of a white supremacist group called Patriot Front marched through downtown Boston in matching outfits, their faces concealed by masks. It was quite a shock to local law enforcement and city leaders.
From The Boston Globe, July 23, 2022: The white-nationalist Patriot Front is getting bigger, and more visible, in New England.
Internal videos released this year by a nonprofit media groupshowed Patriot Front members in action—boxing in the woods in Sutton, spray-painting graffiti in Quincy, draping their banner from a Storrow Drive overpass in Boston, slapping on stickers in Providence’s Waterplace Park.
Despite New England’s reputation as a deeply blue region, those who’ve studied Patriot Front say that its local faction is among the group’s most active nationally, along with Virginia and Texas, where several of its leaders are based. The group, rooted in a notorious far-right rally in Virginia in 2017, is finding a receptive audience for its white supremacist ideology among certain young men — and has targeted colleges for recruitment.
In fact, there have been hundreds of incidents involving Patriot Front members in Massachusetts and Rhode Island this year alone, according to statistics compiled by the Anti-Defamation League. In addition, at least ninePatriot Front members or associates from across the region have faced charges stemming from their work for the group.
“These extremists perceive New England to have favorable racial demographics, which supposedly presents more opportunities to find like-minded people,”said Jeff Tischauser, a senior research analyst with the Southern Poverty Law Center, in an e-mail. “Extremists around the U.S. also take inspiration from New England history before, during, and immediately after the American Revolution.”
The July 2 march in Boston, which caught law enforcement and much of the public by surprise, represented something of a coming out party for the organization in New England, drawing members from all over the country to the city’s streets on a bustling holiday weekend. The noisy march of young white men banging drums and hoisting Patriot Front flags along the city’s storied Freedom Trail made national headlines and drew a sharp rebuke from Mayor Michelle Wu.
So I guess it shouldn’t be that surprising to learn that a police officer in Woburn, Massachusetts is a Neo-Nazi with ties to white supremacist leader Richard Spencer. Somehow John Donnelly was able to keep it a secret until he was smoked out by an anti-fascist group called Ignite the Right. Here’s the beginning of Twitter thread they posted. You can see the rest on Twitter.
Christopher Mathias at HuffPo: He Marched At The Nazi Rally In Charlottesville. Then He Went Back To Being A Cop.
A Massachusetts police officer attended the deadly “Unite the Right” rally in Charlottesville, Virginia, five years ago and acted in key security and planning roles, HuffPost has confirmed. He also used an alias to post racist and antisemitic comments online. The officer, John Donnelly, was still an active-duty member of the police force until Thursday, shortly after HuffPost inquired about his status with the department and role in the deadly white supremacist rally.
Donnelly, 33, was a patrolman for the Woburn Police Department near Boston, where he has been employed since 2015.
But on the morning of Aug. 12, 2017, Donnelly could be seen on video arriving at the Charlottesville rally with Richard Spencer, a prominent white supremacist for whom Donnelly was apparently acting as a security guard. Spencer, Donnelly and a coterie of other suit-and-tie fascists worked their way into a city park where they held court beneath a statue of Confederate Gen. Robert E. Lee, posing for photos and talking into livestreams.
Donnelly was among hundreds of white supremacists who invaded the university town. His fellow attendees violently attacked counterprotesters, with one neo-Nazi driving his car into a crowd of anti-fascists, killing a 32-year-old woman and injuring 19 others. That evening, Donnelly went to a party at a house near Charlottesville, where he joined in a celebration of the day’s events.
Donnelly then returned to Massachusetts and resumed his job as a cop.
His white supremacist activism and involvement in the Charlottesville rally has gone unknown for five years, during which time Donnelly — while still working as a police officer — became the president of a “back the blue” nonprofit raising money for law enforcement, as well as an award-winning real estate agent whose face is featured on a massive billboard in Woburn, a Boston suburb.
But last month, an anti-fascist collective called Ignite the Right provided HuffPost with evidence showing Donnelly attended the Charlottesville rally and connecting him to a series of deeply alarming messages posted online in which he advocated violence against leftists and minority groups.
HuffPo contacted the Chief of Police in Woburn, and Donnelly is now out of a job. Read about how Ignite the Right identified this secret Nazi at the link above.
Still Life with Cat, Mary Fedden, R.A.
Here’s a follow-up story, also from Christopher Mathias at HuffPo: District Attorney To Review All Cases Handled By Cop Who Planned Charlottesville Nazi Rally.
A Massachusetts prosecutor has promised to review all cases handled by police Officer John Donnelly after a HuffPost report exposed Donnelly’s role in planning the deadly 2017 white supremacist rally in Charlottesville, Virginia.
Middlesex County District Attorney Marina Ryan announced Friday that her office is now “thoroughly reviewing any pending or closed cases” in which Donnelly, a patrolman in Woburn, Massachusetts, was involved.
“We will be issuing a discovering notice disclosing this matter to defense counsel on those cases,” Ryan said in a statement. “That notice has already been added to our publicly available list of officers subject to exculpatory evidence disclosure.” [….]
On Thursday, HuffPost published a report detailing how Donnelly, 33, was among hundreds of white supremacists who descended on Charlottesville in August 2017 for a “Unite the Right” rally, terrorizing the town while chanting slogans such as “Jews will not replace us” and violently attacking counterprotesters….
Donnelly attended the rally as a bodyguard for Richard Spencer, a prominent white supremacist. Leaked chat logs from a neo-Nazi Discord server show Donnelly played an integral part in planning the weekend’s events.
The messages Donnelly posted on Discord show he may have belonged to the white supremacist group Identity Evropa. His messages were also full of racist and antisemitic slurs, and at times they advocated violence against leftists and minorities.
I usually don’t share local stories, but this is likely the tip of the iceberg. There are very likely many more police officers like Donnelly everywhere in the U.S. I suppose they were always there, but Trump has enabled them and given them permission to act out.
In other news, Trump is facing multiple investigations and prosecutors are getting closer to the FPOTUS. Here’s the latest.
The Washington Post: Judge bucks Trump, orders Pence aide to testify to Jan. 6 grand jury.
A former top aide to Vice President Mike Pence returned before agrand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter.
In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.
Calico Cat, by Agnes Bodor
Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail….
Grand jury matters are typically secret, but The Washington Post has reported that prosecutors are working with grand jurors and looking extensively at the actions of Trump and his advisers in the period between the November 2020 election and Jan. 6, 2021. Short’s case came to light on Sept. 22 after Trump attorneys M. Evan Corcoran, Timothy C. Parlatore and Rowley were seen at federal court in Washington when there were no publicly scheduled matters, along with a lead Jan. 6 federal prosecutor, Thomas Windom.
According to people familiar with the matter, Short had appeared before a grand jury in downtown Washington in July, but declined to answer certain questions after Flood argued the communications of top White House advisers are protected — and presented written documentation from Trump’s lawyers that they were asserting executive privilege.
The Justice Department asked the court to intervene, urging Howell to override Trump’s claim and to compel Short to answer questions about his communications with Trump, one person said. After arguments Sept. 22, Howell granted the government’s motion, the people said, but because the investigation and an appeal are ongoing, it is unclear if or when a redacted opinion will become public.
How long before Pence himself has to testify?
Julia Ainsley and Ali Vitali at NBC News: Congress asks Secret Service for an account of all contacts between agency, Oath Keepers up to and on Jan. 6, 2021.
The House Committee investigating the Jan. 6, 2021, Capitol insurrection has asked the Secret Service for records of all communications between the far-right Oath Keepers group and Secret Service agents prior to and on the day of the attack, after a preliminary accounting by the agency indicated multiple contacts in 2020, according to a Secret Service spokesman.
The spokesman said the Congressional request follows a short telephonic briefing from the Secret Service to committee staff, in which the agency said an agent from its protective intelligence division had “numerous” contacts with Oath Keepers leader Stewart Rhodes and other group members prior to Trump rallies in fall 2020, but that they were all part of common practice to inform the group of security protocols to follow.
That initial briefing was prompted by federal trial testimony in which the ex-leader of the North Carolina Oath Keepers said Rhodes was in contact with a member of the Secret Service around the time of a September 2020 rally….
Cat on a fence, 1956, by Alex Colville
The Secret Service found that multiple members of the organization, not just Rhodes, spoke to an agent in the protective intelligence division ahead of Trump rallies, the most recent conversation coming before a Dec. 12, 2020, rally, Guglielmi said.
Guglielmi also said the initial search showed the communications were part of common practices that allow agents to tell protesters where they can and cannot be during an event and what items they are prohibited from bringing.
“They reached out concerning logistics about demonstration areas and rules for attending presidential events. This is common activity between organized groups and advance agents,” said Guglielmi.
Two Secret Service officials told NBC News once the Oath Keepers had the phone number of the member of the agency’s protective intelligence detail, they made numerous calls directly to that agent.
Maybe it was routine, maybe not. I’m taking everything the Secret Service says with a grain of salt.
Charlie Savage at The New York Times: U.S. Asks Court to End Special Master Review of Files Seized From Trump.
In a 53-page brief for the U.S. Court of Appeals for the 11th Circuit, in Atlanta, the Justice Department broadly challenged the legal legitimacy of orders last month by Judge Aileen M. Cannon, who blocked investigators from using the materials and appointed an independent arbiter to sift them for any that are potentially privileged or Mr. Trump’s personal property.
The Justice Department already succeeded in persuading a panel of the Atlanta-based court to exempt about 100 documents marked classified from Judge Cannon’s move — a decision the Supreme Court declined to overturn this week. In its new filing, the Justice Department asked the appeals court to reverse her order for the remaining 11,000 or so records.
“This court has already granted the government’s motion to stay that unprecedented order insofar as it relates to the documents bearing classification markings,” the filing said. “The court should now reverse the order in its entirety for multiple independent reasons.” [….]
The Trump legal team is due to file a brief in November. The date of any oral arguments has not yet been announced, but the appeals court has granted a Justice Department request that it expedite consideration of the case. It may rule on the appeal before Judge Cannon receives the special master’s report and rules on any contested documents.
The dispute is the opening round in the main part of the Justice Department’s appeal of the orders by Judge Cannon as part of a lawsuit Mr. Trump filed after the F.B.I. carried out a court-ordered search of his Florida club and residence, Mar-a-Lago, in August.
The Wall Street Journal: FBI Seeks Additional Information From Two Trump Aides About Mar-a-Lago Records.
Federal investigators contacted at least two aides to former President Donald Trump months before the FBI searched his Mar-a-Lago resort and have sought to talk to them again in recent weeks, people familiar with the matter said, as the Justice Department examines possible obstruction of its efforts to retrieve hundreds of government and classified documents.
Dream of a Cat, by Norbertine Bresslern-Roth,1977
The aides, Walt Nauta and Will Russell, are witnesses in the Justice Department’s investigation into the handling of presidential and classified records taken from the White House but aren’t formally cooperating with the probe, the people said. Mr. Russell hasn’t personally spoken to investigators, who are communicating directly with his counsel.
Mr. Nauta, a former military valet who went to work at Mar-a-Lago after Mr. Trump left the White House, was seen on surveillance footage moving boxes from a storage room before and after investigators issued a subpoena in May seeking the documents’ return, the people said. Mr. Nauta told investigators that he did so at Mr. Trump’s request, one of the people said.
The federal interest in Mr. Russell hasn’t been previously reported. He served in the Trump White House, including as a coordinator of presidential travel, and went on to work for the former president in Florida after he left office. Mr. Russell had previously been subpoenaed in connection with the Justice Department’s investigation of the Jan. 6, 2021, riot at the U.S. Capitol. The FBI’s questioning of Mr. Nauta was earlier reported by the New York Times….
The Wall Street Journal previously reported that the extraordinary Aug. 8 search came after at least one person familiar with the stored papers told investigators there were more sensitive documents at Mar-a-Lago beyond what they had received in June through a grand jury subpoena.
Those two had better watch their backs. Now that their names are out there they’ll likely be dealing with death threats from the Trump cult.
More stories to check out:
The Washington Post: Jan. 6 video undermines Trump’s repeated efforts to blame Pelosi for Capitol security.
Op-Ed by Norman Eisen, Danielle Brian and The Jan. 6 Hearings Are Over. These 3 Things Must Happen Now.
Tom Nichols at The Atlantic: Donald Trump Tried to Destroy the Constitution. What will it take for millions of Americans to care?
The Daily Beast: Creepy Message Shows Oath Keepers’ Bloodlust for Mike Pence.
Raw Story: Former US attorney singles out the ‘criminal act’ that will lead Merrick Garland to indict Trump.
That’s all I have for today. What stories are you following?
Posted: October 8, 2022 Filed under: caturday, Donald Trump | Tags: Christopher Kise, Crimea, DOJ, fake heiress, Inna Yashchyshyn, John Solomon, Mar-a-Lago, National Archives, Russia, Russia investigation, special master, Trump stolen documents, Trump Tower, Ukraine, Valeriy Tarasenko
By Emanuele Cavalli (1904-1981)
Even though we are heading into a 3-day weekend, there is a surprising amount of news today. I’m going to focus on the following stories: Ukraine’s destruction of a bridge that is vital to Russian supply routes; New developments in the Trump stolen documents saga; and someshocking news on that Russian-speaking Ukrainian woman who infiltrated Mar-a-Lago awhile back.
Ukraine War News
CNN: Massive blast cripples parts of Crimea-Russia bridge, in blow to Putin’s war effort.
In a major blow for Russian President Vladimir Putin, a huge explosion has severely damaged the only bridge connecting the annexed Crimean peninsula with the Russian mainland, paralyzing a key supply route for Moscow’s faltering war in Ukraine.
The blast early Saturday caused parts of the Kerch Strait road and rail bridge – opened by Putin himself in 2018 – to collapse, images and video from the scene showed. At least three people were killed in the explosion, Russian officials said, citing preliminary information.
The exact cause of the blast at Europe’s longest bridge is yet to be confirmed. Russian officials said a truck exploded, causing Crimea-bound sections ofthe bridge’s road portion to collapse. A subsequent fire engulfed a train of fuel tanks on a separate, adjacent rail portion of the bridge.
Putin ordered a “government commission” to examine the Kerch bridge “emergency” in Crimea, Russian state media TASS reported.
An official in Crimea blamed “Ukrainian vandals” for the explosion. Some Ukrainian officials gloated over the incident without directly claiming responsibility – even announcing commemorative stamps will be made. Russian Foreign Ministry spokeswoman Maria Zakharova said that “the reaction of the Kyiv regime to the destruction of civilian infrastructure testifies to its terrorist nature.”
On the strategic importance of the bridge:
Kees van Dongen, The Concierge de la Villa Said, 1917
The damage to the road bridge appears to be severe, with the part of the bridge that carries westbound road traffic crippled in at least two places. The damage to the rail link where fuel tanks caught fire is unclear.
The bridge is strategically important because it links Russia’s Krasnodar region with the Crimean peninsula, which was annexed by Russia from Ukraine in 2014 in a move condemned by the international community.
It is a critical artery for supplying Crimea with both its daily needs and supplies for the military. Over the last few months, dozens of Russian military convoys have used the bridge, carrying vehicles, armor and fuel.
If the Russian military can’t use the bridge, its supply lines to forces in southern Ukraine would become more tenuous, especially when combined with Ukrainian advances southwards into Kherson region, north of Crimea.
Trump Stolen Documents News
Rolling Stone: Justice Department Asking if Trump Stashed Documents in Trump Tower.
FEDERAL INVESTIGATORS HAVE asked multiple witnesses if they knew whether Donald Trump had stashed any highly sensitive government documents at Trump Tower in Manhattan or at his private club in Bedminster, New Jersey, a person familiar with the matter and another source briefed on the situation tell Rolling Stone.
The FBI, according to these sources, had also asked in recent months whether the ex-president had a habit of transporting classified documents from his Florida estate Mar-a-Lago to the other Trump properties. The feds specifically discussed both the New York City and Bedminster locations with certain witnesses.
“It was obvious they wanted to know if this went beyond just Mar-a-Lago,” the first source says….
On Thursday, The New York Times reported that the Justice Department informed Trump’s legal team it believes the former president may have taken more documents than the ones the FBI returned to the National Archives after its August Mar-a-Lago search. Trump attorney Christopher Kise reportedly suggested that the former president voluntarily conduct a search for any further missing documents at another unnamed Trump property, according to the Times.
The FBI has been quietly interviewing a number of former Trump associates as part of its inquiry into his retention of classified documents….
The increased law enforcement scrutiny since the FBI search of Mar-a-Lago has prompted Trump to wonder aloud who in his circle could be helping the Justice Department’s investigation. In exchange with associates, Trump has asked whether anyone in MAGA world could be “wearing a wire” or if his phones are “tapped.” In private, associates of the former president told Rolling Stone that Trump remains focused on getting back “all” of the documents — even classified ones — taken by the FBI back, referring to them as “mine.”
Maggie Haberman and Michael Schmidt at The New York Times: How Trump Deflected Demands for Documents, Enmeshing Aides.
Late last year, as the National Archives ratcheted up the pressure on former President Donald J. Trump to return boxes of records he had taken from the White House to his Mar-a-Lago club, he came up with an idea to resolve the looming showdown: cut a deal.
By Li Gui Jun
Mr. Trump, still determined to show he had been wronged by the F.B.I. investigation into his 2016 campaign’s ties to Russia, was angry with the National Archives and Records Administration for its unwillingness to hand over a batch of sensitive documents that he thought proved his claims.
In exchange for those documents, Mr. Trump told advisers, he would return to the National Archives the boxes of material he had taken to Mar-a-Lago, in Palm Beach, Fla.
Mr. Trump’s aides never pursued the idea. But the episode is one in a series that demonstrates how Mr. Trump spent a year and a half deflecting, delaying and sometimes leading aides to dissemble when it came to demands from the National Archives and ultimately the Justice Department to return the material he had taken, interviews and documents show.
That pattern was strikingly similar to how Mr. Trump confronted inquiries into his conduct while in office: entertain or promote outlandish ideas, eschew the advice of lawyers and mislead them, then push lawyers and aides to impede investigators.
In the process, some of his lawyers have increased their own legal exposure and had to hire lawyers themselves. And Mr. Trump has ended up in the middle of an investigation into his handling of the documents that has led the Justice Department to seek evidence of obstruction.
Read the rest at the NYT.
Mike Levine and Kathrine Faulders at ABC News: On Trump’s last day in office, why were sensitive documents allegedly in such disarray?
At the end of Donald Trump’s presidency, his team returned a large batch of classified FBI documents and other government records to the Justice Department in such disarray that a year later — in a letter to lawmakers — the department said it still couldn’t tell which of the documents were the classified ones.
The documents came from the FBI’s controversial probe in 2016 looking at alleged links between Russia and Trump’s presidential campaign. Trump tried to make the documents public the night before he left office, issuing a “declassification” memo and secretly meeting with conservative writer John Solomon, who was allowed to review the documents, Solomon told ABC News this past week.
‘Tiptoes the Mischievous Kitten’, illustrated by P. B. Hickling
But for reasons that are still not clear – and to the great frustration of Trump and his political allies – none of the documents were ever officially released, and the Justice Department said Thursday it’s still working to determine which documents can be disclosed….
Much of what happened with the documents in those last days of the Trump administration — and ever since — remains shrouded in mystery because current and former government officials involved have refused to speak about it, especially now that the FBI is pursuing its investigation into Trump’s alleged mishandling of a separate cache of classified documents.
The story that still emerges, though, from pieces of public statements and Solomon’s own accounts is one that sheds further light on how Trump’s White House treated certain government secrets. And it helps explain how – in the midst of the FBI probe – Solomon became one of Trump’s official “representatives” to the National Archives.
There’s much more at the ABC link.
Yahoo News: A rift has opened in Trump’s legal team, with a lawyer frozen out for wanting to cooperate with the DOJ: NYT.
A rift has opened in Donald Trump’s legal team over how to respond to Mar-a-Lago classified documents case, The New York Times reported.
According to the Times, the rift was prompted by the Department of Justice telling Trump’s team it believes he still possesses government records, even after the FBI raid in August which seized hundreds of files from his home.
Two sources told The Times that attorney Christopher Kise put himself at odds wth Trump by advocating creating a “forensics team” of independent investigators to meticulously inspect whether Trump has any further records.
Per The Times, Trump was initially open to the idea, the report said, but was later persuaded by other attorneys to take a more aggressive approach, leading to Kise being sidelined.
Hugo Lowell at The Guardian: Donald Trump seeks to withhold two folders seized at Mar-a-Lago.
Donald Trump is seeking to withhold from the justice department two folders marked as containing correspondence with the National Archives and signing sheets that the FBI seized from his Mar-a-Lago resort, according to court filings in the special master review of the confiscated documents.
The former US president’s privilege assertions over the folders, which appear to have direct relevance to the criminal investigation into whether he retained national defense information and obstructed justice, are significant as they represent an effort to exclude the items from the inquiry and keep them confidential.
Barbara Perrine Chu, Woman with Two Cats
Most notably, Trump asserted privilege over the contents of one red folder marked as containing “NARA letters and other copies” and a second, manilla folder marked as containing “NARA letters one top sheet + 3 signing sheets”, a review of the court filings indicated.
The former president also asserted privilege over 35 pages of documents titled “The President’s Calls” that included the presidential seal in the upper left corner and contained handwritten names, numbers, notes about messages and four blank pages of miscellaneous notes, the filings showed.
Trump additionally also did the same over an unsigned 2017 letter concerning former special counsel Robert Mueller, pages of an email about election fraud lawsuits in Fulton County, Georgia, and deliberations about clemency to a certain “MB”, Ted Suhl and former Illinois governor Rod Blagojevich.
The documents the former president is attempting to withhold from the criminal investigation by asserting some sort of privilege – it was not clear whether he asserted executive or attorney-client privilege over the two folders, for instance – became clear after a Friday ruling by the special master.
Lowell figured out which documents Trump was claiming privilege on by comparing the document numbers in the latest filing with another filing that was briefly unsealed and obtained by Zoe Tillman of Bloomberg News.
News Related to Mysterious Woman Who Infiltrated Mar-a-Lago
Pittsburgh Post-Gazette: Valeriy Tarasenko, associate of fake heiress who wandered Mar-a-Lago and posed with Donald Trump, shot outside Canadian resort.
A close associate of a woman who posed as a member of a famous banking family and spent days at former President Donald Trump’s Mar-a-Lago home was shot Friday in a brazen attack outside a lakeside resort northwest of Montreal, the Canadian paper LaPresse reported.
Quebec provincial police have launched a search for the shooter and other accomplices behind the midday shooting of Valeriy Tarasenko, 44, in the upscale community of Esterel, according to LaPresse. Police said he suffered “significant injuries” but was expected to survive.
Mr. Tarasenko was a former business partner of Inna Yashchyshyn, a Russian-speaking Ukrainian immigrant who gained recent notoriety after an investigation by the Pittsburgh Post-Gazette and the Organized Crime and Corruption Reporting Project in August revealed that she masqueraded as a member of the Rothschild family and went to Mar-a-Lago, where she made inroads in the former president’s inner circle.
In prior interviews with the Post-Gazette, Mr. Tarasenko said that he met with the FBI and turned over a host of documents and photos tied to an investigation into Ms. Yashchyshyn, her trips to the former president’s estate, and businesses she formed – two with Mr. Tarasenko – over the past seven years.
A bit more:
By Holly Warburton
Quebec police said they were trying to “shed some light on the circumstances that led to the injuries of the victim.” But for now, “to protect the investigation, no other detail can be shared.”
Mr. Tarasenko, who was born in Ukraine and raised in Moscow, told the Post-Gazette and OCCRP that he had hired Ms. Yaschyshyn in 2014 to live in his Midtown Miami condo and watch his two daughters while he traveled on business.
But over the past year, the pair had a falling out, with Mr. Tarasenko accusing Ms. Yashchyshyn of abusing his children — allegations that she has vehemently denied.
The shooting is expected to widen the ongoing FBI investigation that includes several interviews with witnesses about a highly suspicious Miami charity, United Hearts of Mercy.
This seems like a significant story that isn’t getting that much attention in the U.S. media yet. Here are a two Canadian articles–rendered in English by Google Translate–and another at The New York Post.
Le Devoir: A man with a troubled past targeted by an armed attack in Estérel.
Radio Canada: One person injured in shooting at Estérel
The New York Post: Fake Ukrainian heiress: ‘My ex-lover forced me to become Anna de Rothschild’
Could this have anything to do with the stolen documents?
What are your thoughts? What other stories are you following today?
Posted: October 6, 2022 Filed under: Donald Trump, morning reads | Tags: 11th Circuit appeals court, animal cruelty, DOJ, Dr. Oz, Judge Aileen Cannon, SCOTUS, stolen documents
Georgia O’Keeffe, Autumn Trees
I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.
Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.
Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.
…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.
Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.
In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.
Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.
In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”
Oz also opposes abortion, so he doesn’t have a problem with women dying either.
There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.
Pierre Bonnard, Autumn View, 1912
Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.
A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.
The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.
The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.
“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.
No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.
The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.
Read more at the link.
A couple of days ago Bloomberg’s Zoe Tillman was able to download a court filing that was accidentally unsealed for a short time. The filing listed the documents that had been segregated from the FBI search results because they contained personal or potentially privileged material.
I can’t access her story, but here is an analysis from Philip Bump at The Washington Post: What the FBI took from Trump, according to an accidentally unsealed list.
The list includes two batches of documents, about five dozen in total. What’s included are about 520 pages of documents that the government believed should be screened for privilege by the special master assigned to the case. The government broke the documents into two groups. The first was material that related to Trump’s tenure as president, labeled Exhibit A. The second was material that appeared to be subject to attorney-client privilege. It’s marked Exhibit B.
Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.
Read the document descriptions at the WaPo.
Edvard Munch, Elm Forest in Autumn
This is from Emptywheel yesterday: Judge Aileen Cannon Treated a Public Letter About Trump’s Health As More Sensitive Than America’s National Security.
As I have shown, had Judge Aileen Cannon left well enough alone, the government would have handed all Category B documents identified by the filter team back to Trump on September 1. Instead, she deliberately inflicted what she herself deemed to be further harm on Trump to justify intervening in the search of Trump’s beach resort.
And now she may have caused even more harm. That’s because, by means that are not yet clear (but are likely due to a fuck-up by one of Cannon’s own staffers), the inventories from both Category A (government documents that deal with a legal issue) and Category B (more personal documents) were briefly posted on the docket. (h/t Zoe Tillman, who snagged a copy)
Those inventories not only show Cannon’s claims of injury to Trump were even more hackish than I imagined. But it creates the possibility that DOJ’s filter team will attempt to retain some of the documents included in Category B, notably records pertaining to the Georgia fraud attempts and January 6, they otherwise wouldn’t have.
Start with the hackishness. The harm that Cannon sustained to justify intervening consisted of preventing DOJ from returning, “medical documents, correspondence related to taxes, and accounting information” to Trump, “depriv[ing Trump]of potentially significant personal documents.” Cannon made DOJ withhold such documents from Trump for a least two additional weeks and then used it to argue that Trump had a personal interest in what DOJ claims are mostly government documents and press clippings.
The single solitary medical document pertaining to Trump (there’s a Blue Cross explanation of benefits that appears to pertain to someone else) is this letter from Trump’s then-personal physician released during the 2016 Presidential campaign.
Not only was it publicly released over six years ago, but details of medicines left off the report and Trump’s role in dictating an earlier version of the letter were widely reported in 2017.
Aileen Cannon held up a national security investigation into highly sensitive documents stored insecurely at a beach resort targeted by foreign intelligence services, in part, because the FBI seized a public letter than had been released as part of a political campaign six years ago.
She personally halted efforts to keep the United States safe, in part, to prevent leaks of a document that Trump released himself six years ago.
Read more at the link.
Jason Leopold and Jack Gillum at Bloomberg on who packed the boxes Trump sent to Mar-a-Lago: Trump Says US Agency Packed Top-Secret Documents. These Emails Suggest Otherwise.
Former President Donald Trump publicly said that one reason that the FBI found boxes of classified documents improperly stored at his Florida estate was that federal workers had packed up the White House after his 2020 defeat.
Autumn in Bavaria, Wassily Kandinsky, 1908
But documents obtained by Bloomberg News under a Freedom of Information Act request suggest a different story. More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows.
One thing is clear: The boxes were packed when the movers got there.
While the records don’t specify what the boxes contained, they provide the most detailed account to date of how the GSA assisted the outgoing administration between January and September 2021.
After the FBI’s unprecedented Aug. 8 search of Trump’s Mar-a-Lago estate, the former president and his allies, including Fox News’s Sean Hannity, Stephen Bannon’s Breitbart News and former Trump defense official Kash Patel, have claimed that Trump can’t be held legally responsible for the dozens of boxes of highly classified documents found around Mar-a-Lago because the GSA — essentially the federal government’s office and property manager — was in charge of filling boxes and shipping them.
Apparently, those were all lies. Read the rest of the details at Bloomberg. A few days ago, The Washington Post reported that Trump himself packed the 15 boxes that he turned over the the National Archives in January. At the time, Alex Cannon, a Trump lawyer, refused to certify that all the documents had been returned, because he didn’t believe that was true. IMO, Trump probably packed the boxes that he took from the White House too.
More News, Links Only:
NBC News: FBI arrests pastor who wore his company jacket on Jan. 6 and pushed into police line.
David Wasserman at the Cook Political Report: House Rating Changes: Ten Races Shift, Mostly Towards Democrats.
NBC News: Cheney warns Arizona voters that the GOP nominees for governor and secretary of state are threats to democracy.
Politico: Abortion ‘has given Democrats a second look’ from GOP-leaning women.
The Washington Post: 14-year-old’s arthritis meds denied after Ariz. abortion ban, doctor says.
Roger Sollenberger at The Daily Beast: She Had an Abortion With Herschel Walker. She Also Had a Child With Him.
Secret Service news from Carol Leonnig at The Washington Post: VP was in car accident; Secret Service first called it ‘mechanical failure’
Timothy Snyder: How does the Russo-Ukrainian War end?
Financial Times: Vladimir Putin’s botched mobilisation triggers blame game in Russia.
That’s all I have for you today. What stories are you following?
Posted: October 4, 2022 Filed under: Afternoon Reads, Donald Trump, just because | Tags: "independent state legislature theory", DOJ, FBI, Mar-a-Lago, National Archives, nuclear weapons, Oath Keepers, Russia, SCOTUS, seditious conspiracy, stolen government documents, Ukraine, Vladimir Putin
Mr Toad in The Wind in the Willows, illustration by Inga Moore
My posts are getting later and later. I look around at what’s happening in the world on my blogging days and somehow it takes me a long time to get going. Maybe it’s just because I’m getting old, or maybe it’s because I’m traumatized by seven years of reading about Trump and the horrors he has inflicted on our country–or maybe both. I don’t know why I ever thought he would go away once he was out of office. Back when he was ranting on Twitter all the time, I used to wish he would go away and leave us alone. Now I realize he will never go away until he dies, and even then we’ll be reading about the damage he has done–if we survive as a country with freedom of speech and press, that is.
The latest on Trump’s legal problems and crimes
The Washington Post: Trump’s lawyer refused his request in February to say all documents returned.
Former president Donald Trump asked one of his lawyers to tell the National Archives and Records Administration in early 2022 that Trump had returned all materials requested by the agency, but the lawyer declined because he was not sure the statement was true, according to people familiar with the matter.
As it turned out, thousands more government documents — including some highly classified secrets — remained at Trump’s Mar-a-Lago residence and private club….
Alex Cannon, an attorney for Trump, had facilitated the January transfer of 15 boxes of presidential records from Mar-a-Lago to the National Archives, after archives officials agitated for more than a year to get “all original presidential records” back, which they are required by law to do. Following months of stonewalling by Trump’s representatives, archives officials threatened to get the Justice Department or Congress involved.
Trump himself eventually packed the boxes that were returned in January, people familiar with the matter said. The former president seemed determined in February to declare that all material sought by the archives had been handed over, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss internal conversations.
Around the same time The Washington Post reported that the archives had retrieved documents from Mar-a-Lago, the people said, Trump asked his team to release a statement he had dictated. The statement said Trump had returned “everything” the archives had requested. Trump asked Cannon to send a similar message to archives officials, the people said. In addition, the former president told his aides that the documents in the boxes were “newspaper clippings” and not relevant to the archives, two of these people said, and complained that the agency charged with tracking government records was being persnickety about securing the materials from his Florida club.
But Cannon, a former Trump Organization lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the archives all the requested material had been returned. He told others he was not sure if other documents were still at the club and would be uncomfortable making such a claim, the people familiar with the matter said. Other Trump advisers also encouraged Cannon not to make such a definitive statement, people familiar with the matter said.
The Feb. 7 statement Trump dictated was never released over concerns by some of his team that it was not accurate, people familiar with the matter said. A different statement issued three days later said Trump had given boxes of materials to the archives in a “friendly” manner. It did not say that all of the materials were handed over.
So Cannon will be another witness against Trump if he’s ever brought to trial. There’s much more at the WaPo link.
Bilbo comes to the huts of the raft elves, by JRR Tolkien
From J. Michael Luttig at The Atlantic on the upcoming SCOTUS case based on Trump’s efforts to get Republican state legislators to create fake sets of electors in order to overturn his 2020 election loss: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory.
The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.
In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections and to appoint state electors who quadrennially cast the votes for president and vice president on behalf of the voters of the states. It would mean that the partisan gerrymandering of congressional districts by state legislatures would not be reviewable by the state courts—including the states’ highest court—under their state constitutions.
The independent-state-legislature theory gained traction as the centerpiece of President Donald Trump’s effort to overturn the 2020 presidential election. In the Supreme Court, allies of the former president argued that the theory, as applied to the electors clause, enabled the state legislatures to appoint electors who would cast their votes for the former president, even though the lawfully certified electors were bound by state law to cast their votes for Joe Biden because he won the popular vote in those states. The Supreme Court declined to decide the question in December 2020. The former president and his allies continued thereafter to urge the state legislatures, and even self-appointed Trump supporters, to transmit to Congress alternative, uncertified electoral slates to be counted by Congress on January 6.
That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling. There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.
To the extent that advocates of the independent-state-legislature theory have any evidence at all to support the theory, it is exceedingly thin. Their textual argument is that the total disempowerment of state courts necessarily follows from the fact that the elections clause empowers the state legislatures to prescribe the “manner” of holding congressional elections.
But there is neither more nor less significance to the fact that the Constitution assigns this quintessential legislative power to the state legislatures than that the Constitution assigns federal lawmaking to Congress, rather than to the executive or the judiciary. And yet, the Constitution provides for judicial review of the actions of both.
It’s long, of course, so read the rest at The Atlantic if you’re so inclined.
And then there’s Trump’s mentor, Putin. Will he ever go away?
This is by Walter Russell Mead at The Wall Street Journal–I didn’t encounter a paywall: Putin’s Nuclear Threat Is Real. The conflict isn’t only about Ukraine. He’s waging a global war on the U.S.-led order.
Even as poorly trained, poorly led and poorly supplied Russian forces retreat on the battlefield, the danger that the war in Ukraine will erupt into a wider conflict continues to grow. Vladimir Putin has responded to the weakening of his military position by “annexing” four contested regions inside Ukraine, declaring that the conflict in Ukraine is a war for the survival of Russia, and raising the specter of a nuclear strike. The West is taking note of these moves and the sabotage of Baltic pipelines connecting European consumers to Russian gas. National security adviser Jake Sullivan has warned Russia that any use of nuclear weapons would have catastrophic consequences for Russian forces, and Jens Stoltenberg, secretary general of the North Atlantic Treaty Organization, repeated that message Sunday morning.
Inga Moore, The Secret Garden
As the Biden administration scrambles to manage the most dangerous international confrontation since the 1962 Cuban Missile Crisis, it must see the world through Mr. Putin’s eyes. Only then can officials know how seriously to take the nuclear saber-rattling and develop an appropriate response.
While American presidents going back to George W. Bush have failed to appreciate the depth and passion of Mr. Putin’s hostility to the U.S., the Russian president isn’t that hard to read. Like a movie supervillain who can’t resist sharing the details of his plans for world conquest with the captured hero, Mr. Putin makes no secret of his agenda. At Friday’s ceremony marking Russia’s illegal and invalid “annexation” of four Ukrainian regions, he laid out his worldview and ambitions in a chilling and extraordinary speech that every American policy maker should read.
Mr. Putin sees global politics today as a struggle between a rapacious and domineering West and the rest of the world bent on resisting our arrogance and exploitation. The West is cynical and hypocritical, and its professed devotion to “liberal values” is a sham. The West is not a coalition of equals; it represents the domination of the “evil Anglo-Saxons” over the Europeans and Japan. Mr. Putin sees this American-led world system as the successor to the British Empire, and he blames the Anglo-Saxon or English-speaking powers for a host of evils, from the Atlantic slave trade to European imperialism to the use of nuclear weapons in World War II.
This attack on “Anglo-Saxon” greed, brutality and hypocrisy is not original to Mr. Putin. He is reading from a script developed by opponents of British and American liberal capitalism and geopolitical power over hundreds of years. Napoleon could have delivered large swathes of this speech. Very different figures such as Kaiser Wilhelm II, Adolf Hitler as well as Joseph Stalin, Imperial Japanese leaders like Hideki Tojo, Iran’s Ayatollah Ruhollah Khomeini and Osama bin Laden shared much of Mr. Putin’s critique. One can hear versions of it on many college campuses, and it plays a significant role in the intellectual and cultural life of many postcolonial countries and movements around the world.
Again, this is a long read, so I hope you will also be able to do so without hitting a paywall. If it helps, I clicked on a link from Memeorandum.
The latest Ukraine news from The Washington Post: Ukraine hammers Russian forces into retreat on east and south fronts.
Ukrainian troops on Tuesday accelerated their military advances on two fronts, pushing Russian forces into retreat in the Donetsk and Luhansk regions to the east and Kherson region to the south.
The gains showed Kyiv continuing to recapture occupied territory on the same day that President Vladimir Putin and his rubber-stamp parliament sought to formalize their increasingly far-fetched annexation claims of four Ukrainian regions.
“The Ukrainian armed forces commanders in the south and east are throwing problems at the Russian chain of command faster than the Russians can effectively respond,” said a Western official who requested anonymity to brief reporters about sensitive security information. “And this is compounding the existing dysfunction within the Russian invasion force.”
Ukraine has been pushing to take back as much of its occupied territory as it can before Russia potentially sends hundreds of thousands of reinforcements to the battlefield, following a recent mobilization effort.
The Story of Dr. Dolittle, illustrated by Angel Dominguez
The Ukrainian counteroffensive, which had moved far more slowly in the south compared to the lightning push through the northeast Kharkiv region in September, has suddenly picked up speed, with Russian units retreating in recent days from a large swath of territory along the west bank of the Dnieper River.
Ukrainian forces pushed ahead dozens of miles into the southern Kherson region, liberating towns and villages and recreating scenes from mid-September when they swept into Kharkiv and were greeted by joyful residents who had spent many months under Russian occupation.
On Monday, the spokesperson for the Russian Defense Ministry acknowledged that “superior tank units” of Ukraine had “wedged in the depth of our defense line” near the villages of Zolota Balka and Oleksandrivka in the Kherson region.
Read the rest at the WaPo.
Yesterday was day one of the Oath Keepers seditious conspiracy trial:
CNN: Takeaways from the dramatic first day and opening statements of the Oath Keepers trial.
With the historic case that they had brought against Oath Keepers accused of plotting to attack the US Capitol on January 6, 2021, prosecutors framed up how the jury should think about the allegations with an hour-plus opening statement that kicked off the trial in earnest.
Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.
The Justice Department’s opening statement featured messages and other communications among the defendants that prosecutors say show the Oath Keepers’ unlawful plotting to disrupt Congress’ certification of President Joe Biden’s electoral win. As the prosecutors sought to use the words of the defendants against them, they also played video capturing the Oath Keepers’ actions in the Capitol and displayed maps and charts to help the jury follow along. Each juror has their own screen to see evidence.
“They said out loud and in writing what they planned to do,” Jeffrey Nestler, an assistant US Attorney, told the jury. “When the opportunity finally presented itself … they sprang into action.”
A lawyer for Rhodes, the first defense attorney to deliver an opening statement told the jurors that they will see evidence that will show that the defendants “had no part in the bulk” of the violence that occurred on January 6.
“You may not like what you see and hear our defendants did,” attorney Phillip Linder said, “but the evidence will show that they didn’t do anything illegal that day.”
That’s the introduction to the story. Read the takeaways at CNN. Again, it’s a long read.
The Washington Post: U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6.
Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” — the peaceful transfer of presidential power — culminating in their role in the attack on the U.S. Capitol, a prosecutor told a jury Monday in the firstseditious conspiracy trialof the sprawling Jan. 6 investigation.
Rhodes and four co-defendants that day staged an “arsenal” of firearms in nearby Virginia and several forcibly breached the Capitol with a mob to prevent Congress from confirming President Biden’s 2020 election victory, thwarting the will of U.S. voters and elected representatives, Assistant U.S. Attorney Jeffrey Nestler said during opening statements in federal court.
Where the Wild Things Are, Maurice Sendak
“That was their goal — to stop by whatever means necessary the lawful transfer of presidential power, including by taking up arms against the United States government,” Nestler said. Descending on Washington “to attack not just the Capitol, not just Congress, not just our government — but our country itself.”
Rhodes’s defense decried the prosecution as “government mischaracterization and government overreach.” Oath Keepers came to Washington as “peacekeeping” security guards who “had no part in the bulk of the violence that occurred on January 6th,” attorney Phillip Linder said, believing that President Donald Trump could invoke the Insurrection Act to mobilize private militias, put down riots and remain in power.
“That is why he did what he did,” Linder said, adding that Rhodes would testify in his own defense. “You’re going to hear from Stewart Rhodes himself about who he is, about the Oath Keepers, what their role is and what their role was on January 6th.”
The clashing views of democracy, patriotism and violence at the seat of the U.S. government during the handoff from Trump to Biden played out in the most-anticipated trial to arise from the Jan. 6. 2021, Capitol siege. Held at a federal courthouse blocks from the Capitol where events unfolded 21 months ago, the trial of Rhodes — a former Army paratrooper and Yale Law graduate who has become one of the most visible figures of the far-right anti-government movement — poses a major legal and political test of the Biden administration’s pledge to combat domestic terrorism, as well as the law and the courts.
Read more at the WaPo.
Yes, there’s a lot going on and I haven’t even touched on the reporting on the midterm races. What are your thoughts, and what stories are of most interest to you today?