The U.S. Supreme Court ordered the Trump administration early Saturday to temporarily halt the deportations of dozens of alleged Venezuelan gang members who immigration advocates say were at imminent risk of being removed from the country.
“The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court,” the order reads.
The court did not explain its reasoning in its brief unsigned emergency order. Justices Clarence Thomas and Samuel A. Alito Jr. dissented, with Alito saying he would file a more fulsome statement on his disagreement with the ruling later.
The Trump administration was preparing to deport the Venezuelan men under the Alien Enemies Act, the American Civil Liberties Union said Friday as it scrambled to find a court it could persuade to step in and block the removals before it was too late.
In a statement early Saturday, the ACLU’s lead counsel in the case, Lee Gelernt, said the organization was “relieved that the Supreme Court has not permitted the administration to whisk them away the way others were just last month.”
But the fate of the detainees targeted for this latest round of removals remains unresolved. Attorneys for the migrants had also pressed federal judges in Texas and Washington as well as the New Orleans-based U.S. Court of Appeals for the 5th Circuit to intervene, arguing that the government had not provided those targeted a meaningful opportunity to challenge the reasons for their removals.In its order early Saturday, the Supreme Court said it would take further action after the 5th Circuit had weighed in. Around that same time, a three-judge panel from that appellate court denied the ACLU’s emergency request to block the deportations and chided its lawyers for coming to them before a lower court had ruled on the issue.
Lazy Caturday Reads: Revolutionary Cats for Liberty and the Rule of Law
Posted: April 19, 2025 Filed under: cat art, caturday, Donald Trump, just because | Tags: Alien Enemies Act, American Revoution, Defense Department, Doge, Elon Musk, government censorship, Harvard University, immigration, medical journals, Pentagon, Pete Hegseth, Steve Vladek, Supreme Court 4 CommentsGood Afternoon!!
Before I get to the news, I want to call attention to the fact that today April 19, 2025 is the 250th anniversary of the first shots fired in the American revolutionary war–commemorated in the Concord Hymn, by Ralph Waldo Emerson:
By the rude bridge that arched the flood,
It’s a big deal here in the Boston area, although I haven’t seen much about it in the news. If you watch Rachel Maddow’s show, she has been talking about this anniversary for the past few days. Towns around where I live have lots of celebrations going on. I think this anniversary is really significant right now, because of Trump’s and Musk’s efforts to destroy our government an install a Russian-style dictatorship.
Now on to today’s momentous news:
The Trump administration’s war on immigrants is running into some serious pushback. Early this morning, the Supreme Court ordered the Trump gang to halt their planned deportment of Venezualan men from a Texas detention camp. Trump must be enraged.
The Washington Post (gift article): Supreme Court blocks Alien Enemies Act deportation of Venezuelan men.
Read the rest at the WaPo.
JJ sent this piece by Steve Vladek at One First: The Supreme Court’s Late-Night Alien Enemy Act Intervention.
Just before 1:00 a.m. (ET) last night/very early this morning, the Supreme Court handed down a truly remarkable order in the latest litigation challenging the Trump administration’s attempts to use the Alien Enemy Act (AEA) to summarily remove large numbers of non-citizens to third countries, including El Salvador:
I wanted to write a short1 post to try to put the order into at least a little bit of context—and to sketch out just how big a deal I think this (aggressive but tentative) intervention really is.
I. The J.G.G. Ruling
As I wrote at the time, although I disagreed with the majority’s “habeas-only” analysis, the broader ruling made would’ve made at least a modicum of sense if the Court was dealing with any other administration, but it raised at least the possibility that the Trump administration, specifically, would try to play games to make habeas review effectively inadequate. And all of those games would unfold while no court has ruled, one way or the other, on either the facial legal question (does the AEA apply at all to Tren de Aragua); or case-specific factual/legal questions about whether individual detainees really are “members” of TdA. Lo and behold, that’s what happened.
II. The J.A.V. Ruling
As folks may recall, just 12 days ago, the Court issued a short per curiam opinion in Trump v. J.G.G., in which it held two things: First, a 5-4 majority held that challenges to removal under the AEA must be brought through habeas petitions where detainees are being held, not through Administrative Procedure Act claims in the D.C. district court (like J.G.G.). Second, the Court unanimously held that “AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”In the immediate aftermath of the Court’s April 7 ruling in J.G.G., litigants successfully obtained TROs against AEA removals in three different district courts—the Southern District of New York; the District of Colorado; and, as most relevant here, the Southern District of Texas. In the S.D. Tex. case (J.A.V. v. Trump), Judge Fernando Rodriguez (not that it should matter, but a Trump appointee) barred the government from removing the named plaintiffs or anyone else “that Respondents claim are subject to removal under the [AEA] Proclamation, from the El Valle Detention Center.” (The other rulings were also geographically specific.)
III. The A.A.R.P. Case
Then things got messy. According to media reports, starting on Thursday, a number of non-citizens being held at the Bluebonnet detention facility in Anson, Texas (in the Northern District of Texas) were given notices of their imminent removal under the AEA (in English only), with no guidance as to how they could challenge their removal in advance. Not only did this appear to be in direct contravention of the Supreme Court’s ruling in J.G.G., but it also raised the question of whether the government was moving detainees to Bluebonnet, specifically, to get around the district court orders barring removals of individuals being held at El Valle and other facilities.The ACLU had already filed a habeas petition on Wednesday in the Northern District of Texas on behalf of two specific (anonymous) plaintiffs and a putative class of all Bluebonnet detainees—captioned A.A.R.P. v. Trump. Judge Hendrix had already denied the ACLU’s initial motion for a TRO—based on government representations that the named plaintiffs were not in imminent threat of removal (he reserved ruling on the request for class-wide relief).
Thus, once the news of the potentially imminent AEA removals started leaking out, the ACLU did two things at once: It sought renewed emergency relief from Judge Hendrix in the A.A.R.P. case, and it went back to Chief Judge Boasberg in the J.G.G. case—which has not yet been dismissed—since that case at least for the moment includes a nationwide class of individuals subject to possible removal under the AEA. And while it waited for both district judges to rule, the ACLU sought emergency relief in A.A.R.P. from both the Fifth Circuit and the Supreme Court.
You’ll need to head over to One First to read the details, but here some of Vladek’s conclusions. He argues that this is “massively important,” because the court acted very quickly, without waiting for the 5th Circuit to rule, they “didn’t hide behind any technicalities” as they have previously, and “perhaps most significantly, the Court seemed to not be content with relying upon representations by the government’s lawyers.”
Maybe the Court is finally beginning to understand that Trump really wants to make the U.S. a dictatorship.
Yesterday Dakinikat wrote Senator Chris Van Hollen’s meeting in El Salvador with wrongly deported Kilmar Abrego Garcia. Last night, Van Hollen returned to the U.S. and held a remarkable press conference to report on his experience.
ABC News: Van Hollen describes dramatic meeting with Abrego Garcia in El Salvador upon return to US.
Sen. Chris Van Hollen took aim at President Donald Trump and the El Salvador government over their treatment of Kilmar Abrego Garcia, the migrant who the government said in court was erroneously deported to El Salvador, and for trying to deflect from the notion that the U.S. government is flouting court orders to “facilitate” his return to the U.S.
The Maryland Democrat joined Abrego Garcia’s wife and mother and other supporters at Washington Dulles International Airport on Friday and spoke about his three-day visit, providing more details about the one-hour conversation he had with Abrego Garcia.
Van Hollen said the Trump administration is lying about the case in attempt to distract from questions about whether Abrego Garcia’s rights were violated by bringing up gang violence.
“This case is not about just one man. It’s about protecting the constitutional rights of everyone who resides in the United States of America,” he said….
Van Hollen revealed during the press conference that Abrego Garcia told him during their meeting that he has been moved out of CECOT to another facility that was further away.
“We all thought he was at CECOT, which I didn’t know until I met him,” he said.
Abrego Garcia described being handcuffed, shackled and put on planes with other migrants, noting that they could not see where they were going, according to the senator. Van Hollen added that Abrego Garcia was held in a cell with 25 other people and fearful of other prisoners who taunted him.
The senator said Abrego Garcia told him he was transported to his current facility nine days ago.
“He said the conditions are better, but he said despite the better conditions, he still has no access to news from the outside world and no ability to communicate with the outside world,” Van Hollen said.
I wonder if they moved him to make sure nothing happened to him. Could Trump and Bukele be getting anxious about all the attention? Read more details at the link.
HuffPost: Trump White House Lashes Out At Senator Who Visited Wrongly Deported Man In El Salvador.
President Donald Trump accused Sen. Chris Van Hollen of political grandstanding after the Maryland Democrat managed to meet this week with an immigrant who had made a life in his state before being wrongfully deported to El Salvador last month.
The case sparked fresh fears that the Trump administration is not particularly interested in respecting the rule of law in the United States.
The president wrote on his social media platform that the senator “looked like a fool yesterday standing in El Salvador begging for attention from the Fake News Media, or anyone.”
He threw in an insult: “GRANDSTANDER!!!”
Trump also lashed out at the immigrant, Kilmar Abrego Garcia, saying he was “not a very innocent guy” on Friday while speaking to reporters….
The White House also mocked Van Hollen’s trip on X, formerly Twitter, marking up a New York Times headline to label Abrego Garcia an “MS-13 illegal alien” who is “never coming back.”
Trump is such a whiny baby.
More on the Administration’s war on immigrants from Makena Kelly and Vittoria Elliot at Wired: DOGE Is Building a Master Database to Surveil and Track Immigrants.
Operatives from Elon Musk’s so-called Department of Government Efficiency (DOGE) are building a master database at the Department of Homeland Security (DHS) that could track and surveil undocumented immigrants, two sources with direct knowledge tell WIRED.
DOGE is knitting together immigration databases from across DHS and uploading data from outside agencies including the Social Security Administration (SSA), as well as voting records, sources say. This, experts tell WIRED, could create a system that could later be searched to identify and surveil immigrants.
The scale at which DOGE is seeking to interconnect data, including sensitive biometric data, has never been done before, raising alarms with experts who fear it may lead to disastrous privacy violations for citizens, certified foreign workers, and undocumented immigrants.
A United States Customs and Immigration Services (USCIS) data lake, or centralized repository, existed at DHS prior to DOGE that included data related to immigration cases, like requests for benefits, supporting evidence in immigration cases, and whether an application has been received and is pending, approved, or denied. Since at least mid-March, however, DOGE has been uploading mass amounts of data to this preexisting USCIS data lake, including data from the Internal Revenue Service (IRS), SSA, and voting data from Pennsylvania and Florida, two DHS sources with direct knowledge tell WIRED.
“They are trying to amass a huge amount of data,” a senior DHS official tells WIRED. “It has nothing to do with finding fraud or wasteful spending … They are already cross-referencing immigration with SSA and IRS as well as voter data.”
Since president Donald Trump’s return to the White House earlier this year, WIRED and other outlets have reported extensively on DOGE’s attempts to gain unprecedented access to government data, but until recently little has been publicly known about the purpose of such requests or how they would be processed. Reporting from The New York Times and The Washington Post has made clear that one aim is to cross-reference datasets and leverage access to sensitive SSA systems to effectively cut immigrants off from participating in the economy, which the administration hopes would force them to leave the county. The scope of DOGE’s efforts to support the Trump administration’s immigration crackdown appear to be far broader than this, though. Among other things, it seems to involve centralizing immigrant-related data from across the government to surveil, geolocate, and track targeted immigrants in near real time.
That is seriously frightening.
On a lighter note, this is hilarious. The Trump folks claim their attack on Harvard was all a silly mistake.
The New York Times: Trump Officials Blame Mistake for Setting Off Confrontation With Harvard.
Harvard University received an emailed letter from the Trump administration last Friday that included a series of demands about hiring, admissions and curriculum so onerous that school officials decided they had no choice but to take on the White House.
The university announced its intentions on Monday, setting off a tectonic battle between one of the country’s most prestigious universities and a U.S. president. Then, almost immediately, came a frantic call from a Trump official.
The April 11 letter from the White House’s task force on antisemitism, this official told Harvard, should not have been sent and was “unauthorized,” two people familiar with the matter said.
The letter was sent by the acting general counsel of the Department of Health and Human Services, Sean Keveney, according to three other people, who were briefed on the matter. Mr. Keveney is a member of the antisemitism task force.
It is unclear what prompted the letter to be sent last Friday. Its content was authentic, the three people said, but there were differing accounts inside the administration of how it had been mishandled. Some people at the White House believed it had been sent prematurely, according to the three people, who requested anonymity because they were not authorized to speak publicly about internal discussions. Others in the administration thought it had been meant to be circulated among the task force members rather than sent to Harvard.
But its timing was consequential. The letter arrived when Harvard officials believed they could still avert a confrontation with President Trump. Over the previous two weeks, Harvard and the task force had engaged in a dialogue. But the letter’s demands were so extreme that Harvard concluded that a deal would ultimately be impossible.
Why didn’t the Trump people speak up sooner then? Why did they wait until all the back and forth we’ve been watching?
After Harvard publicly repudiated the demands, the Trump administration raised the pressure, freezing billions in federal funding to the school and warning that its tax-exempt status was in jeopardy.
A senior White House official said the administration stood by the letter, calling the university’s decision to publicly rebuff the administration overblown and blaming Harvard for not continuing discussions.
“It was malpractice on the side of Harvard’s lawyers not to pick up the phone and call the members of the antisemitism task force who they had been talking to for weeks,” said May Mailman, the White House senior policy strategist. “Instead, Harvard went on a victimhood campaign.”
So the “misunderstanding” is Harvard’s fault? Anyway the remaining Trump demands are still outrageous.
Still, Ms. Mailman said, there is a potential pathway to resume discussions if the university, among other measures, follows through on what Mr. Trump wants and apologizes to its students for fostering a campus where there was antisemitism.
Mr. Keveney could not be reached for comment. In a statement, a spokesman for the antisemitism task force said, “The task force, and the entire Trump administration, is in lock step on ensuring that entities who receive taxpayer dollars are following all civil rights laws.”
Harvard pushed back on the White House’s claim that it should have checked with the administration lawyers after receiving the letter.
The letter “was signed by three federal officials, placed on official letterhead, was sent from the email inbox of a senior federal official and was sent on April 11 as promised,” Harvard said in a statement on Friday. “Recipients of such correspondence from the U.S. government — even when it contains sweeping demands that are astonishing in their overreach — do not question its authenticity or seriousness.”
The statement added: “It remains unclear to us exactly what, among the government’s recent words and deeds, were mistakes or what the government actually meant to do and say. But even if the letter was a mistake, the actions the government took this week have real-life consequences” on students and employees and “the standing of American higher education in the world.
Just more evidence that the Trump administration is full of stupid, incompetent assholes.
The recent goings on at the Department of Defense are more evidence of that.
Politico: Pentagon turmoil deepens: Top Hegseth aide leaves post.
Joe Kasper, Defense Secretary Pete Hegseth’s chief of staff will leave his role in the coming days for a new position at the agency, according to a senior administration official, amid a week of turmoil for the Pentagon.
Senior adviser Dan Caldwell, Hegseth deputy chief of staff Darin Selnick and Colin Carroll, the chief of staff to Deputy Defense Secretary Stephen Feinberg, were placed on leave this week in an ongoing leak probe. All three were terminated on Friday, according to three people familiar with the matter, who, like others, were granted anonymity to discuss a sensitive issue.
The latest incidents add to the Pentagon’s broader upheaval in recent months, including fallout from Hegseth’s release of sensitive information in a Signal chat with other national security leaders and a controversial department visit by Elon Musk.
Kasper had requested an investigation into Pentagon leaks in March, which included military operational plans for the Panama Canal, a second carrier headed to the Red Sea, Musk’s visit and a pause in the collection of intelligence for Ukraine.
But some at the Pentagon also started to notice a rivalry between Kasper and the fired advisers.
“Joe didn’t like those guys,” said one defense official. “They all have different styles. They just didn’t get along. It was a personality clash.”
The changes will leave Hegseth without a chief of staff, deputy chief of staff, or senior adviser in his front office.
“There is a complete meltdown in the building, and this is really reflecting on the secretary’s leadership,” said a senior defense official. “Pete Hegseth has surrounded himself with some people who don’t have his interests at heart.”
And of course Hegseth has no fucking clue what he’s doing.
And get this: Trump appointees are trying to censor professional journals.
The New York Times: Trump-Allied Prosecutor Sends Letters to Medical Journals Alleging Bias.
A federal prosecutor has sent letters to at least three medical journals accusing them of political bias and asking a series of probing questions suggesting that the journals mislead readers, suppress opposing viewpoints and are inappropriately swayed by their funders.
The letters were signed by Edward Martin Jr., a Republican activist serving as interim U.S. attorney in Washington, D.C. He has been criticized for using his office to target opponents of President Trump.
Some scientists and doctors said they viewed the letters as a threat from the Trump administration that could have a chilling effect on what journals publish. The health secretary, Robert F. Kennedy Jr., has said he wants to prosecute medical journals, accusing them of lying to the public and colluding with pharmaceutical companies.
One of the letters was sent to the journal Chest, published by the American College of Chest Physicians. The New York Times obtained a copy of the letter.
The Times confirmed that at least two other publishers had received nearly identically worded letters, but those publishers would not speak publicly because they feared retribution from the Trump administration.
In the letter to Chest, dated Monday, Mr. Martin wrote, “It has been brought to my attention that more and more journals and publications like CHEST Journal are conceding that they are partisans in various scientific debates.”
He demanded that the journal’s publishers answer a series of questions by May 2. Do they accept submissions from “competing viewpoints?” What do they do if the authors they published “may have misled their readers?” Are they transparent about influence from “supporters, funders, advertisers and others?”
And he specifically singled out the National Institutes of Health, which funds some of the research the journals publish, asking about the agency’s role “in the development of submitted articles.”
The prosecutor’s inquiry amounts to “blatant political intimidation of our medical journals,” Dr. Adam Gaffney, a pulmonologist and researcher in Massachusetts whose articles have been published in Chest, wrote on X.
Unreal.
That’s all I have for you today. I wish you all a nice weekend, and Happy Easter, if you celebrate it.
Wednesday Reads: Clown Prince Trump
Posted: April 9, 2025 Filed under: Donald Trump, U.S. Economy, U.S. Politics | Tags: bond market crash, China, Elon Musk, EU, Financial Crisis, global safe haven, Stock Market, UK 13 CommentsHello Sky Dancers!!
Dakinikat should be writing this post, but you’re stuck with me. I stayed up till about 2:30 last night doom scrolling and trying to understand what Trump’s tariff madness has done to us. The latest disaster last night was that the bond market is collapsing.
I’ll do my best to post relevant stories, and perhaps Dakinikat will chime in later. Thanks to Trump’s insanity, we could end up in another financial crisis comparable to the one in 2008.
What’s happening with tariffs:
There’s even more insane news this morning: China responded to Trump’s 104 percent tariff threat with another 84% tariff on the U.S.
CNBC: China slaps 84% retaliatory tariffs on U.S. goods in response to Trump.
China has pushed back again on U.S. President Donald Trump’s tariff policies by hiking its levies on U.S. imports to more than 80%.
Tariffs on U.S. goods entering China will rise to 84% from 34% starting April 10, according to a translation of a Office of the Tariff Commission of the State Council announcement. The hike comes in response to the latest U.S. tariff increase on Chinese goods to more than 100% that began at midnight.
The tit-for-tat escalation of tariffs threatens to crush trade between the world’s two largest economies. According to the Office of the U.S. Trade Representative, the U.S. exported $143.5 billion of goods to China in 2024, while importing products worth $438.9 billion.
The Trump administration announced a sweeping new tariff policy last week, warning other countries not to retaliate. Some nations, including Japan, have seemed willing to negotiate on tariffs, but China appears to be taking a more hard-line stance and quickly announced a countertariff.
After China’s initial response to the April 2 tariff rollout, Trump announced an additional 50% hike, putting the total level for import taxes on Chinese goods at 104%….
The trade war has spooked investors around the world by increasing the odds of slower economic growth, higher inflation and lower corporate profits, sparking a sharp sell-off in April.
The S&P 500 finished Tuesday down nearly 20% from its peak, putting the U.S. large-cap stock index in a bear market. South Korea’s Kospi Index fell into a bear market of its own on Wednesday. Stocks in Shanghai and Hong Kong are also down sharply since the U.S. tariff announcement on April 2.
David Pierson and Barry Wang at The New York Times: For U.S. and China, a Risky Game of Chicken With No Off-Ramp in Sight.
A whopping increase in tariffs, followed by a whopping retaliation. Nationalist Chinese bloggers comparing President Trump’s levies to a declaration of war. China’s Foreign Ministry vowing that Beijing will “fight to the end.”
For years, the world’s two biggest powers have flirted with the idea of an economic decoupling as tensions between them have risen. The acceleration this week of their trade relationship’s deterioration has made the prospect of such a divorce seem closer than ever.
That was underscored on Wednesday when China announced an additional 50 percent tariff on U.S. goods, matching new American levies that had taken effect hours earlier. China also struck at American companies, imposing export controls on a dozen of them and adding six others to a list of “unreliable entities,” preventing them from doing business in China.
China’s new tariffs, which will take effect on Thursday, mean all American goods shipped to China will face an additional 85 percent import tax. The minimum U.S. tax on Chinese imports is now 104 percent. Both figures would have been unimaginable a few weeks ago.
With China’s top leader, Xi Jinping, and Mr. Trump locked in a game of chicken — each unwilling to risk looking weak by making a concession — the trade fight could spiral even further out of control, inflaming tensions over other areas of competition like technology and the fate of Taiwan, the self-governing island claimed by Beijing.
Mr. Trump’s bare-knuckle tactics make him a singular force in U.S. politics. But in Mr. Xi, he faces a hardened opponent who survived the turmoil of China’s late-20th-century political purges, and who views the United States’ competitive tactics as ultimately aimed at subverting the ruling Communist Party’s legitimacy.
“Trump has never gone into a back-alley brawl where the other side is willing to brawl and use the same kind of tactics as him,” said Scott Kennedy, a senior adviser at the Center for Strategic and International Studies, a Washington think tank. “For China, this is about their sovereignty. This is about the Communist Party’s hold on power. For Trump, it might just be a political campaign.”
From what I’m hearing and reading, this is going to hit U.S. small businesses hard, drive many of them into bankruptcy, and send their employees to the unemployment lines.
China isn’t the only country that’s retaliating.
Politico: EU takes revenge on Trump’s tariffs as countries approve €20B+ retaliation.
BRUSSELS — The EU can apply retaliatory tariffs on nearly €21 billion of U.S. products like soybeans, motorcycles and orange juice after the bloc’s 27 countries assented to the measures on Wednesday, the European Commission announced.
“The EU considers U.S. tariffs unjustified and damaging, causing economic harm to both sides, as well as the global economy. The EU has stated its clear preference to find negotiated outcomes with the U.S., which would be balanced and mutually beneficial,” the EU executive said in a statement.
Hitting back against U.S. President Donald Trump’s steel and aluminum tariffs, the European Union’s countermeasures will apply in three rounds. Measures covering €3.9 billion in trade will go into force next week, with a further €13.5 billion from mid-May and a final round of €3.5 billion following in December.
Only Hungary opposed the package, according to four EU diplomats with direct knowledge of the vote, while all other 26 countries voted in favor….
The retaliation does not yet respond to Trump’s imposition of 20 percent “reciprocal” tariffs on all EU exports, which came into force on Wednesday, and his latest 25 percent tariff on cars. Trump has also said tariffs on pharmaceuticals are coming soon.
The European Commission is considering putting forward its countermeasures on those tariffs as early as next week. “It will for sure be soon. I expect it could be as early as next week,” trade spokesperson Olof Gill said Tuesday.
What’s happening with the bond markets:
Felix Salmon at Axios: The bond market plunges as crisis brews.
The price of U.S. Treasury bonds is plunging, in what Treasury Secretary Scott Bessent on Wednesday called “deleveraging convulsions.” The effect is to raise borrowing costs just as recession fears spike.
Why it matters: The last thing America needed in the midst of a global trade war and a stock-market meltdown was a debt crisis too. But that now seems to be a real possibility.
What they’re saying: “This is the script for a truly existential financial crisis,” writes Columbia economic historian Adam Tooze, who wrote a whole book on the very similar dynamics that overtook the Treasury market in March 2020.
Driving the news: Bond yields — which move in the opposite direction to prices — are soaring in the wake of protectionist U.S. tariffs.
- The amount that the U.S. government needs to pay to borrow money for a decade rose briefly to more than 4.5% Wednesday morning. For a 30-year bond, the yield rose to more than 5%.
- Those moves are truly enormous by bond market standards. As recently as Friday, the 10-year yield was less than 4%, and the 30-year was below 4.4%.
The intrigue: In normal times, the most consistent buyer of Treasury bonds is a group of hedge funds that participate in something called the “basis trade.”
- They buy the bonds in order to hedge their derivatives exposure to institutional investors, who can lock in slightly higher yields in the futures market.
- The profit on any given trade is minuscule, but it’s also very close to risk-free, so the hedge funds can apply as much as 50x or even 100x leverage.
- By many accounts, the basis trade is now unwinding, which means the hedge funds are selling their bonds — or, at the very least, not buying new ones.
The big picture: In a move reminiscent of the bond-market tantrum that swept U.K. Prime Minister Liz Truss from office in 2022, the technical factors in the bond market were precipitated by — and also exacerbated — fundamental issues with the country’s finances.
More from Philip Inman and Jasper Jolly at The Guardian: Dramatic sell-off of US government bonds as tariff war panic deepens.
US government bonds, traditionally seen as one of the world’s safest financial assets, are undergoing a dramatic sell-off as Donald Trump’s escalation of his tariff war with China sends panic through all sectors of the financial markets.
The falls suggest that as Trump’s fresh wave of tariffs on dozens of economies came into force, including 104% levies against Chinese goods, investors are beginning to lose confidence in the US as a cornerstone of the global economy.
The yield – or interest rate – on the benchmark 10-year US Treasury bond rose by 0.16 percentage points on Wednesday to 4.42%, its highest since late February – and this week has undergone the three biggest intraday moves since Trump was elected in November. Yields move inversely to prices, so surging yields mean falling prices as demand drops.
The move in the 30-year bond was more dramatic. The 30-year yield briefly jumped above 5% to its highest since late 2023 and was last trading at 4.9157%, or 0.2 percentage points higher than Tuesday.
“This is a fire sale of Treasuries,” said Calvin Yeoh, portfolio manager at the hedge fund Blue Edge Advisors. “I haven’t seen moves or volatility of this size since the chaos of the pandemic in 2020,” he told Bloomberg.
Analysts believe the US Federal Reserve may need to step in. Jim Reid, at Deutsche Bank, said: “Markets are pricing a growing probability of an emergency [interest rate] cut, just as we saw during the Covid turmoil and the height of the GFC [global financial crisis] in 2008.” [….]
UK bonds were also under severe pressure after the US moves. The yield on a 30-year UK gilt hit 5.518% on Wednesday morning, up 16 basis points and surpassing a previous 27-year high of 5.472% set in January.
Shorter-dated 10-year gilt yields were slightly higher at 4.69% while two-year yields ticked down at 3.92%.
Higher yields on gilts – UK government bonds – will make things even more difficult for Downing Street, as it will raise the cost of borrowing to fund investment.
Colby Smith at The New York Times (gift link): U.S. Bond Sell-Off Raises Questions About ‘Safe Haven’ Status.
A sharp sell-off in U.S. government bond markets has sparked fears about the growing fallout from President Trump’s sweeping tariffs and retaliation by China, the European Union and others, raising questions about what is typically seen as the safest corner for investors to take cover during times of turmoil.
Yields on 10-year Treasuries — the benchmark for a wide variety of debt — shot 0.2 percentage points higher on Wednesday, to 4.45 percent, a big move in that market. Just a few days ago, it had traded below 4 percent. Yields on the 30-year bond rose significantly as well, at one point on Wednesday topping 5 percent. Borrowing costs globally have also shot higher.
The sell-off comes as investors have fled riskier assets globally in what some fear has parallels to what became known as the “dash for cash” episode during the pandemic, when the Treasury market broke down. The recent moves have upended a longstanding relationship in which the U.S. government bond market serves as a safe harbor during times of stress.
Volatility has surged as stock markets have plummeted amid fears that the U.S. economy is hurtling toward stagflation, in which economic growth contracts while inflation surges. The S&P 500 is now on the verge of entering a bear market, meaning it has dropped 20 percent from its recent high.
“The global safe-haven status is in question,” said Priya Misra, a portfolio manager at JPMorgan Asset Management. “Disorderly moves have happened this week because there is no safe place to hide.”
Scott Bessent, the U.S. Treasury secretary, sought to tamp down concerns on Wednesday, brushing off the sell-off as nothing more than investors who bought assets with borrowed money having to cover their losses.
“I believe that there is nothing systemic about this — I think that it is an uncomfortable but normal deleveraging that’s going on in the bond market,” he said in an interview with Fox Business.
But the moves have been significant enough to raise broader concerns about how foreign investors now perceive the United States, after Mr. Trump decided to slap onerous tariffs on nearly all of its trading partners. Some countries have sought to strike deals with the administration to lower their tariff rates. But China retaliated on Wednesday, announcing an 84 percent levy on U.S. goods after Mr. Trump raised the tariff rate on Chinese goods to 104 percent.
In a social media post on Wednesday, the former U.S. Treasury secretary Lawrence H. Summers said the broader sell-off suggested a “generalized aversion to US assets in global financial markets” and warned about the possibility of a “serious financial crisis wholly induced by US government tariff policy.”
Some analysis and commentary on what’s happening:
Heather Cox Richardson at Letters from an American: April 8, 2025.
Stocks were up early today as traders put their hopes in Treasury Secretary Scott Bessent’s suggestion that the Trump administration was open to negotiations for lowering Trump’s proposed tariffs. But then U.S. Trade Representative Jamieson Greer said there would not be exemptions from the tariffs for individual products or companies, and President Donald J. Trump said he was going forward with 104% tariffs on China, effective at 12:01 am on Wednesday.
Markets fell again. By the end of the day, the Dow Jones Industrial Average had fallen by another 320 points, or 0.8%, a 52-week low. The S&P 500 fell 1.6% and the Nasdaq Composite fell 2.2%.
Rob Copeland, Maureen Farrell, and Lauren Hirsch of the New York Times reported today that over the weekend, Wall Street billionaires tried desperately and unsuccessfully to change Trump’s mind on tariffs. This week they have begun to go public, calling out what they call the “stupidity” of the new measures. These industry leaders, the reporters write, did not expect Trump to place such high tariffs on so many products and are shocked to find themselves outside the corridors of power where the tariff decisions have been made.
Elon Musk is one of the people Trump is ignoring to side with Peter Navarro, his senior counselor for trade and manufacturing. Navarro went to prison for refusing to answer a congressional subpoena for information regarding Trump’s attempt to overturn the 2020 presidential election. Since Musk poured $290 million into getting Trump elected in 2024 and then burst into the news with his “Department of Government Efficiency,” he has seemed to be in control of the administration. But he has stolen the limelight from Trump, and it appears Trump’s patience with him might be wearing thin.
Elizabeth Dwoskin, Faiz Siddiqui, Pranshu Verma, and Trisha Thadani of the Washington Post reported today that Musk was among those who worked over the weekend to get Trump to end his new tariffs. When Musk failed to change the president’s mind, he took to social media to attack Navarro personally, saying the trade advisor is “truly a moron,” and “dumber than a sack of bricks.”
Read the rest at the Substack link above.
David E. Sanger at The New York Times (gift link): An Experiment in Recklessness: Trump as Global Disrupter.
As the breadth of the Trump revolution has spread across Washington in recent weeks, its most defining feature is a burn-it-down-first, figure-out-the-consequences-later recklessness. The costs of that approach are now becoming clear.
Administration officials knew the markets would dive and other nations would retaliate when President Trump announced his long-promised “reciprocal” tariffs. But when pressed, several senior officials conceded that they had spent only a few days considering how the economic earthquake might have second-order effects.
And officials have yet to describe the strategy for managing a global system of astounding complexity after the initial shock wears off, other than endless threats and negotiations between the leader of the world’s largest economy and everyone else.
Take the seemingly unmanaged escalation with China, the world’s second largest economy, and the only superpower capable of challenging the United States economically, technologically and militarily. By American and Chinese accounts, there was no substantive conversation between Mr. Trump and China’s top leader, Xi Jinping, or engagement among their senior aides, before the countries plunged toward a trade war.
Last Wednesday, Mr. Trump’s hastily devised formula for figuring out country-by-country tariffs came up with a 34 percent tax on all Chinese goods, everything from car parts to iPhones to much of what is on the shelves at Walmart and on Amazon’s app.
When Mr. Xi, predictably, matched that figure, Mr. Trump issued an ultimatum for him to reverse the decision in 24 hours — waving a red flag in front of a leader who would never want to appear to be backing down to Washington. On Wednesday, the tariff went to 104 percent, with no visible strategy for de-escalation.
If Mr. Trump does get into a trade war with China, he shouldn’t look for much help from America’s traditional allies — Japan, South Korea or the European Union — who together with the United States account for nearly half of the world economy. All of them were equally shocked, and while each is negotiating with Mr. Trump, they seem in no mood to help him manage China.
“Donald Trump has launched a global economic war without any allies,” the economist Josh Lipsky of the Atlantic Council wrote on Tuesday. “That is why — unlike previous economic crises in this century — there is no one coming to save the global economy if the situation starts to unravel.”
The global trading system is only one example of the Trump administration tearing something apart, only to reveal it has no plan for how to replace it.
Read the rest at the NYT.
Andrew Egger at The Bulwark: A Microwaved Mind.
There’s a paradox to covering Donald Trump these days. On the one hand, he’s never out of the news—a wannabe dictator busy remaking the government and the economy so that more and more decisions about our futures answer only to his whim. On the other hand, there’s so much news about what he’s doing that it’s easy to reduce our thinking about Trump to the sum of his actions. There’s Trump the bundle of bad policy ideas, Trump the destroyer of institutions, Trump the fountain of post-truth grievance. It’s hard to take the time to dwell on the man himself—to focus our attention on Donald Trump the clown.
Yesterday afternoon, as markets continued crashing and with the further implementation of backbreaking tariffs just hours away, the clown was on full display. Trump participated in the ceremonial signing of an executive order on “unleashing American energy.” In the East Room event, he was in his element: coal miners in hard hats behind him, an audience crammed with his political flunkies in front. He ended up riffing for about 45 minutes. Let’s listen in, shall we? [….]
The topic du jour, of course, was energy, specifically the “beautiful clean coal” that Trump loves so much. Trump riffed at length on the supposed stupidity of proposals to retrain miners for skilled labor in other industries, reminiscing his 2016 campaign against Hillary Clinton:
“One thing I learned about the coal miners . . . You could give them a penthouse on Fifth Avenue and a different kind of a job and they’d be unhappy. Coal mining is what they love to do,” Trump said. “And she was gonna put them in a high-tech industry, to make little cell phones, I don’t know. Do you think you’d be good at that? I don’t know.”
Anyway, no need for any of that now, the president exulted: “We’re gonna be crushing Biden-era environmental restrictions. . . . And we have clean air and clean water and now we have clean coal. And at the same time we’re gonna do other things and forms of technology and also energy, like our country has never seen before.”
On his tariffs:
Trump didn’t totally avoid talk of the market crash he kicked off last week—a “whole situation,” he noted, that “was somewhat explosive.”
But, Trump added, you should see the response we’re getting! “We have had talks with many, many countries. . . . And our problem is, we can’t see that many that fast. But we don’t have to because, you know, the tariffs are on, and money is pouring in at a level that we’ve never seen before.”
How much money are we talking? “We’re taking in almost $2 billion a day in tariffs,” Trump said. “America is gonna be very rich again very soon.”
Got all that? Yes, markets are tanking because of the tariffs. But not to worry: We’re going to strike great deals to replace them soon. But not too soon, because we don’t have time to deal with all these countries at once. But that’s okay, because look at how much money these tariffs are making us!
That’s it for me. I’ve learned a lot and I plan to continue studying this stuff. I expect Daknikat with have a lot to say on Friday. For now, hang in there everyone and take care of yourselves.
Wednesday Reads
Posted: November 27, 2024 Filed under: Donald Trump, just because | Tags: Donald Trump, Elon Musk, news, politics, regression to childhood, Trump, Vladimir Putin 3 CommentsGood Afternoon!!

By Christopher Denise
I’m still struggling to recover from the shock of the election results. At first I kept paying close attention to the news, but now I find that I just want to avoid the horror of current events. I wish there was some way I could regress to childhood and be blissfully free of the pain and anxiety that comes with greater knowledge of the outside world. Right now, I’m really having a great deal of resistance to reading the news, and watching it on TV is out of the question.
I forced myself to check current events today so I could write this post. Here are some stories that caught my attention. Trump is talking to foreign leaders on insecure phones. He is still naming stunningly inappropriate people to important government posts. He’s threatening neighboring countries with ridiculous tariffs. He’s threatening to end civil service protection for government employees. He has given Elon Musk free rein to create chaos. And he appears to have gotten away with all the crimes he was indicted for. Is it any wonder that I want to go back in time and escape real life?
Today’s reads:
Michael Collins at USA Today: ‘Dangerous territory’: Trump’s unsecured calls with world leaders concern foreign policy experts.
Donald Trump had been the president-elect for just two days when he reportedly spoke by phone with Russian President Vladimir Putin on Nov. 7.
On the call, Trump advised the Russian president not to escalate the war with Ukraine and reminded him of the U.S.’s military presence in Europe, according to an account first published by The Washington Post, which cited multiple sources familiar with the conversation.
The Kremlin, however, denied that meeting had ever taken place. “Pure fiction,” Kremlin spokesperson Dmitry Peskov insisted.
Normally, the U.S. would be able to document that the call had happened. But not this time.
That’s because the State Department, which traditionally helps coordinate phone calls between incoming presidents and world leaders, has been shut out of Trump’s calls with foreign dignitaries.
That means the conversations were not held over secure phone lines, no State Department staff were available to offer guidance on the nuances on foreign policy and no official interpreters were on hand to overcome language barriers that can sometimes lead to confusion or misunderstandings about exactly what was said.
For U.S. foreign policy analysts, Trump’s calls with Putin and other world leaders after his victory over Vice President Kamala Harris in the Nov. 5 election are cause for alarm.
“We’re entering a dangerous territory of telephone games, where Trump is going to have private chats with foreign leaders, and they’re going to tell their teams one thing, and Trump is going to tell our national security team another,” said Brett Bruen, a former diplomat who worked in the White House under President Barack Obama
Different interpretations of private conversations stemming from translation difficulties or misunderstandings could not only sow confusion, Bruen said, but also could trigger an international crisis.
Trump’s transition team did not respond to questions about why he has not involved the State Department in his calls with foreign leaders….
Historically, the State Department has helped coordinate phone calls between incoming presidents and foreign leaders because it’s important to ensure during the transition that the government is always speaking with one voice, particularly on matters of national security and foreign policy, according to the nonpartisan Center for Presidential Transition.
But since his first term as president, Trump has openly expressed suspicion and resentment of what he derisively calls “the Deep State,” the government bureaucrats who he argues worked secretly behind the scenes to sabotage his agenda.

By Kajsa Hallström
Read more details at the USA Today link. Trump is behaving like an enemy of the U.S., so why does he have the right to be president? This is so fucked up.
Trump has now partially agreed to some of the transition rules. The Washington Post: Trump signs transition agreement with Biden, but it lacks key guardrails.
The Trump transition team said Tuesday it had reached an agreement with the Biden White House to start coordinating the handoff of federal agencies to the new administration.
But the Trump team is still refusing to accept several typical trappings of the presidential transition process,including federal funding, equipment and office space — as well as official government background and security checks for his transition staff. The agreement does not include an ethics pledge for the president-elect, required by the Presidential Transition Act, stating that Trump will avoid conflicts of interest while in office.
An ethics plan covering the transition staff was signed by the Trump team and posted on the website of the General Services Administration, which coordinates the handover of hundreds of agencies.
The agreement clears the way for Trump-appointed “landing teams” to start entering government offices to receive briefings from career staff about the operations of hundreds of federal agencies, a ritual of presidential transitions. By turning down about $7 million in federal funding for the transition, Trump will be able to raise unlimited privatedonations for his transition.
The long delay in signing the transition deal — which was signed by Vice President Kamala Harris before the election in September — does not mean that Trump’s transition will now conform to those of his predecessors. The president-elect refused to abide by key requirements aimed at transparency and security.
The limited agreement also reflects a deep distrust the president-elect holds toward the federal governmentfor stymieing his first-term agenda or in some cases bolstering legal cases against him. Trump and his political alliespledged during the campaign to radically downsize and restructure the federal workforce of 2.2 million.
Trump’s transition team has not signed a memorandum of understanding with the Justice Department, for instance, that would allow the agency to conduct background checks and intensive reviews for the security clearances that many of Trump’s landing teams need for the Biden administration to legally share classified intelligence and national defense briefings. The briefings will only be given to Trump transition officials who have a proper security clearance and have signed a nondisclosure agreement, according to the White House.
Some ethics guardrails were put in place with the White House. Transition officials are prohibited, for instance, from using information they learn in their new roles for their personal benefit.
But the plan does not include language about the president-elect’s own ethical conduct during the transition, a new provision of the Presidential Transition Act added by Congress after ethical issues dogged the first Trump administration.
Again, why was this evil man even allowed to run for office? Read more excuses at the WaPo link.
The New York Times: Trump Picks Stanford Doctor Who Opposed Lockdowns to Head N.I.H.
President-elect Donald J. Trump said on Tuesday evening that he had selected Dr. Jay Bhattacharya, a Stanford physician and economist whose authorship of an anti-lockdown treatise during the coronavirus pandemic made him a central figure in a bitter public health debate, to be the director of the National Institutes of Health.
“Together, Jay and RFK Jr. will restore the NIH to a Gold Standard of Medical Research as they examine the underlying causes of, and solutions to, America’s biggest health challenges, including our Crisis of Chronic Illness and Disease,” Mr. Trump wrote on social media, referring to Robert F. Kennedy Jr., his choice to lead the N.I.H.’s parent agency, the Department of Health and Human Services.
If confirmed by the Senate, Dr. Bhattacharya would lead the world’s premier medical research agency, with a $48 billion budget and 27 separate institutes and centers, each with its own research agenda, focusing on different diseases like cancer and diabetes. Dr. Bhattacharya, who is not a practicing physician, has called for overhauling the N.I.H. and limiting the power of civil servants who, he believes, played too prominent a role in shaping federal policy during the pandemic.
He is the latest in a series of Trump health picks who came to prominence during the coronavirus pandemic and who hold views on medicine and public health that are at times outside the mainstream. The president-elect’s health choices, experts agree, suggest a shake-up is coming to the nation’s public health and biomedical establishment.
Dr. Bhattacharya is one of three lead authors of the Great Barrington Declaration, a manifesto issued in 2020 that contended that the virus should be allowed to spread among young healthy people who were “at minimal risk of death” and could thus develop natural immunity, while prevention efforts were targeted to older people and the vulnerable.
Through a connection with a Stanford colleague, Dr. Scott Atlas, who was advising Mr. Trump during his first term, Dr. Bhattacharya presented his views to Alex M. Azar II, Mr. Trump’s health secretary. The condemnation from the public health establishment was swift. Dr. Bhattacharya and his fellow authors were promptly dismissed as cranks whose “fringe” policy prescriptions would lead to millions of unnecessary deaths.
Read more about this awful person at the NYT link.

By Christopher “Denise
Politico: Trump taps financier and donor Phelan to be Navy secretary.
President-elect Donald Trump has selected businessman John Phelan as his nominee to lead the Navy, according to a statement released on Tuesday night.
“It is my great honor to announce John Phelan as our next United States Secretary of the Navy! John will be a tremendous force for our Naval Servicemembers, and a steadfast leader in advancing my America First vision,” Trump wrote. “He will put the business of the U.S. Navy above all else.”
Trump’s pick of Phelan, after choosing Army National Guard Veteran and former Fox News host Pete Hegseth to lead the Defense Department, is a sign that the incoming administration could prioritize disruptors coming into the agency instead of long-tenured bureaucrats. Trump is also eyeing businessman Steve Feinberg and defense investor Trae Stephens as the Pentagon’s No. 2, The Wall Street Journal reported.
Phelan, who leads the private investment firm Rugger Management and once handled Michael Dell’s investments, was a major donor to the Trump campaign and reportedly hosted the president-elect at his Aspen, Colorado, home this summer where Trump went on a profanity-laced tirade about immigration and warned that the election could be the last the United States ever had if Vice President Kamala Harris had won.
And get this: Phelan has no military experience. Trump also consider Ronny Jackson for the job!
Politico: Kash Patel and Cliff Sims are jostling for the deputy director gig at the CIA.
Two Trump transition insiders, Cliff Sims and Kash Patel, are angling to be deputy director of the CIA — and angering others who feel they’re using their roles on the transition to undermine any would-be contenders, according to three people familiar with the matter.
The No. 2 position at the powerful spy agency is one of the most sought-after national security posts that remains unfilled. It does not require Senate confirmation — a concern for other roles, like FBI director, Patel is said to be interested in — but wields enormous influence inside the U.S. intelligence community.
The frustration toward Sims, the former White House and ODNI communications strategist, and Patel, the firebrand former House Intelligence Committee staffer and Pentagon official, stems from the fact that both are helping the transition interview candidates for the CIA role, said the three people, all of whom were granted anonymity to share details on the transition.
“The issue that a lot of us have is that these people are involved in staffing national security jobs, and at the same time they’re also promoting themselves for the same roles,” said one of the people.
There is also a concern that Patel in particular is fighting dirty. A second person said there was suspicion Patel was leaking damaging stories on Sims, citing a recent story on a blow-up Trump had after being reminded Sims wrote a tell-all memoir in 2019 after leaving the White House.
Trump has also put Elon Musk in a prominent position in his transition, and now we are hearing from Musk’s mother, who seems even stupider than her son.
When President-elect Donald Trump said Elon Musk and Vivek Ramaswamy would recommend major cuts to the federal government in his administration, many public employees knew that their jobs could be on the line.
Now they have a new fear: becoming the personal targets of the world’s richest man – and his legions of followers.
By Anna Matveeva
Last week, in the midst of the flurry of his daily missives, Musk reposted two X posts that revealed the names and titles of people holding four relatively obscure climate-related government positions. Each post has been viewed tens of millions of times, and the individuals named have been subjected to a barrage of negative attention. At least one of the four women named has deleted her social media accounts.
Although the information he posted on those government positions is available through public online databases, these posts target otherwise unknown government employees in roles that do not deal directly with the public.
Several current federal employees told CNN they’re afraid their lives will be forever changed – including physically threatened – as Musk makes behind-the-scenes bureaucrats into personal targets. Others told CNN that the threat of being in Musk’s crosshairs might even drive them from their jobs entirely – achieving Musk’s smaller government goals without so much as a proper review.
“These tactics are aimed at sowing terror and fear at federal employees,” said Everett Kelley, president of the American Federation of Government Employees, which represents more than 800,000 of the 2.3 million civilian federal employees. “It’s intended to make them fearful that they will become afraid to speak up.”
This isn’t new behavior for Musk, who has often singled out individuals who he claims have made mistakes or stand in his way. One former federal employee, previously targeted by Musk, said she experienced something very similar.
“It’s his way of intimidating people to either quit or also send a signal to all the other agencies that ‘you’re next’,” said Mary “Missy” Cummings, an engineering and computer science professor at George Mason University, who drew Musk’s ire because of her criticisms of Tesla when she was at the National Highway Traffic Safety Administration.
Read the rest at the link.
The Independent: Elon Musk’s mom says it’s ‘degrading’ to call her son ‘wealthy’: He’s ‘the genius of the world.’
The mother of Elon Musk, the world’s richest man, stopped by Fox Business on Monday to scold those who call her son “wealthy,” claiming it was “degrading” and that she would prefer he be referred to as the “genius of the world.”
With her son now president-elect Donald Trump’s “First Buddy” and in charge of the so-called Department of Government Efficiency (DOGE), Maye Musk sat down with Fox Business anchor Stuart Varney to gush over her 53-year-old child’s accomplishments.
Besides talking about the younger Musk’s companies SpaceX, Tesla and X (formerly Twitter), she also dished on how well her son and Trump get along, especially since the election.
“I’ve seen them together, but very shortly. I live in New York, and they’re in Mar-a-Lago or at a SpaceX launch, and they just seem to be having fun. A lot of fun,” she declared, adding: “And it’s nice for both of them to have fun, and [Elon] really respects him a lot and is really happy that there’s a future for America now.”
She also claimed that it would be “very easy” for her son and DOGE co-chair Vivek Ramaswamy to slash the federal workforce and cut spending, citing Elon Musk’s severe and immediate layoffs when he purchased Twitter in 2022.
Seemingly parroting her son’s talking points, she absolutely trashed the press. “What they call mainstream media, but I call them dishonest Democrat media, they will be trying to break up the relationship. They will be hating everything,” she said. “And I told that to Elon, he said he expects that because they were dishonest before the election.”
Whatever.

Artist unknown
There’s just a tiny bit of possible good news from former federal prosecutor Barbara McQuade at MSNBC: How Jack Smith quietly ensured Trump’s Jan. 6 case isn’t actually going anywhere.
Special counsel Jack Smith filed a motion with the trial court in the District of Columbia to dismiss the Jan. 6 election interference case against President-elect Donald Trump on Monday, kicking up a flurry of questions — namely, why would the special counsel pull the plug? Smith later filed a motion with the 11th Circuit Court of Appeals to dismiss the appeal of the government documents case against Trump. While Trump has vowed to fire Smith, why would the special counsel do something to make it easy for Trump, by dismissing the cases himself before Trump is sworn in to office in January? Is this simply an example of what historian Timothy Snyder calls “obeying” an authoritarian in advance?
Not at all. In fact, this move could be an effort to keep the cases alive in the long term. An interesting tell in each motion is Smith’s request to dismiss the cases “without prejudice.” That means that the cases can be filed again. By dismissing the cases now on his own terms, Smith blocks Trump’s attorney general from dismissing the cases for all time.
In addition, by filing his motions pre-emptively, Smith was able to explain his reasons for dismissing the case, rather than allowing Trump’s future AG to mischaracterize them. According to Smith, he was dismissing the case not because of the merits or strength of the cases, but because he had to. As Smith explains, the DOJ’s Office of Legal Counsel, whose opinions are “binding” on the special counsel, has concluded that a sitting president may not be indicted or criminally prosecuted under the Constitution. OLC reasoned that criminal charges would make it impossible for a president to carry out his constitutional duties in light of the distraction of preparing a criminal defense, the public stigma that would hamper his leadership role and the obstacles prison would impose on his ability to perform his duties.
But Smith was careful to note that this relief from criminal prosecution is “temporary,” and ends when the president leaves office. Smith cites OLC as concluding that this form of immunity for a sitting president “would generally result in the delay, but not the forbearance, of any criminal trial” That is, Trump gets a reprieve, but only during his term in office.
Of course, as in most criminal cases, the statute of limitations here is five years from the date of the last act alleged in the indictments. In the Jan. 6 case, the last alleged conduct occurred in January 2021, so the deadline for filing new charges would typically be January 2026. In the documents case, in which the last act occurred in August 2022, the statute will expire in August 2027. Both dates will arrive well before Trump’s term ends. But Smith’s brief contains another tell when he writes that OLC has “noted the possibility that a court might equitably toll the statute of limitations to permit proceeding against the President once out of office.” That is, a court could call a timeout, pausing it on Trump’s inauguration day on Jan. 21, 2025, and then restarting the clock when Trump leaves office in 2029. That would give prosecutors plenty of time to refile charges. Certainly, the tolling issue would be litigated, but by dismissing the case now, Smith preserves this issue for future prosecutors to argue.
Read the rest at MSNBC.
That’s it for me today. I don’t know how I even got through those articles. I’m going back into hibernation now.
Wednesday Reads: And So It Begins . . .
Posted: November 13, 2024 Filed under: 2024 Elections, American Fascists, Donald Trump | Tags: Donald Trump, Elon Musk, John Thune, Lara Trump, Marco Rubio, news, politics, Senate Majority Leader, Trump, Vivek Ramaswamy 12 CommentsGood Afternoon!!
BREAKING NEWS– We dodged a bullet! Rick Scott will not be Senate Majority Leader.

John Thune, South Dakota Senator
The Hill: Thune elected Senate majority leader.
Sen. John Thune (R-S.D.) has been elected Senate majority leader, setting the stage for him to replace retiring Sen. Mitch McConnell (R-Ky.), who has held the top Senate GOP leadership job for the past 18 years.
Thune has served as Senate Republican whip, the No. 2-ranking position in the Senate GOP leadership, since 2019, and largely managed operation of the Senate floor since McConnell suffered a concussion from a fall in 2023.
Thune beat Sen. John Cornyn (R-Texas) by a vote of 25 to 24, according to two sources familiar.
Thune led after the first ballot. He won 25 votes while Cornyn won 15 votes and Sen. Rick Scott (R-Fla.) collected 13 votes.
“I am extremely honored to have earned the support of my colleagues to lead the Senate in the 119th Congress, and I am beyond proud of the work we have done to secure our majority and the White House,” he said in a statement after the vote. “This Republican team is united behind President Trump’s agenda, and our work starts today.”
And So It Begins . . . Trump’s appoints all the best people:
This is like 2016 only so much worse. For the past couple of days, Trump has been announcing his picks for the Cabinet and other important government posts, and his choices are even worse than we could have imagined.
Trump announced his choice of Marco Rubio as Secretary of State, which I guess is sort of reasonable. But it’s likely that one reason for appointing Rubio would be to open up the Senate seat in Florida so that he can give it to Lara Trump. Eventually, Trump will likely fire Rubio in humiliating fashion.
NBC News: Trump’s Cabinet moves hand Ron DeSantis a gift — but possibly with strings attached.
Florida Gov. Ron DeSantis will have a chance to put another stamp on state politics with a big appointment if Sen. Marco Rubio becomes secretary of state. But one major question hangs over that opportunity: How badly does President-elect Donald Trump want his daughter-in-law, Lara, to become a U.S. senator?
Lara Trump, future Senator?
DeSantis, like any Florida governor, has the ability to unilaterally appoint the person who would fill a vacant Senate seat, which may come into play following Monday’s news of Trump’s expected nomination of Rubio to lead the State Department. Trump could still change his mind, cautioned three sources familiar with the selection process, who said the decision wouldn’t be final until the president-elect makes a formal announcement.
But if Rubio’s Senate seat becomes open, there is little doubt DeSantis will face at least some pressure from Trump’s team to appoint a candidate they want, which would almost certainly be Lara Trump, according to seven people tracking deliberations around the potential vacancy.
Perhaps the worst appointment so far came yesterday with the announcement that Fox News weekend host Pete Hegseth will serve as Secretary of Defense. Hegseth is the person who urged Trump to pardon war criminal Eddie Gallagher.
Dave Philipps at The New York Times, Dec. 27, 2029, wrote about the aftermath of the Trump pardon: Anguish and Anger From the Navy SEALs Who Turned In Edward Gallagher.
The Navy SEALs showed up one by one, wearing hoodies and T-shirts instead of uniforms, to tell investigators what they had seen. Visibly nervous, they shifted in their chairs, rubbed their palms and pressed their fists against their foreheads. At times they stopped in midsentence and broke into tears.
“Sorry about this,” Special Operator First Class Craig Miller, one of the most experienced SEALs in the group, said as he looked sideways toward a blank wall, trying to hide that he was weeping. “It’s the first time — I’m really broken up about this.”
Video recordings of the interviews obtained by The New York Times, which have not been shown publicly before, were part of a trove of Navy investigative materials about the prosecution of Special Operations Chief Edward Gallagher on war crimes charges including murder.
They offer the first opportunity outside the courtroom to hear directly from the men of Alpha platoon, SEAL Team 7, whose blistering testimony about their platoon chief was dismissed by President Trump when he upended the military code of justice to protect Chief Gallagher from the punishment.
Eddie Gallagher
“The guy is freaking evil,” Special Operator Miller told investigators. “The guy was toxic,” Special Operator First Class Joshua Vriens, a sniper, said in a separate interview. “You could tell he was perfectly O.K. with killing anybody that was moving,” Special Operator First Class Corey Scott, a medic in the platoon, told the investigators.
Such dire descriptions of Chief Gallagher, who had eight combat deployments and sometimes went by the nickname Blade, are in marked contrast to Mr. Trump’s portrayal of him at a recent political rally in Florida as one of “our great fighters.” [….]
Platoon members said they saw Chief Gallagher shoot civilians and fatally stab a wounded captive with a hunting knife. Chief Gallagher was acquitted by a military jury in July of all but a single relatively minor charge, and was cleared of all punishment in November by Mr. Trump.
Video from a SEAL’s helmet camera, included in the trove of materials, shows the barely conscious captive — a teenage Islamic State fighter so thin that his watch slid easily up and down his arm — being brought in to the platoon one day in May 2017. Then the helmet camera is shut off.
In the video interviews with investigators, three SEALs said they saw Chief Gallagher go on to stab the sedated captive for no reason, and then hold an impromptu re-enlistment ceremony over the body, as if it were a trophy.
“I was listening to it, and I was just thinking, like, this is the most disgraceful thing I’ve ever seen in my life,” Special Operator Miller, who has since been promoted to chief, told investigators.
Hegseth is famous at Fox News for announcing that for ten years he never washed his hands.
More on Hegseth from CNN: Trump picks Fox News host and Army veteran Pete Hegseth to serve as secretary of defense.
Hegseth’s selection was a surprise, as he was not among those considered as a likely pick by members of Trump’s team, sources familiar with the discussions told CNN.
Sources said that it came down to Trump having a longstanding relationship with Hegseth, noting that the president-elect always thought he was “smart” and was impressed by his career. Trump also likes that Hegseth is a military veteran and the account of his service in his book, the sources said.
While Hegseth’s name had not been on the initial shortlist, Trump was struggling to land on a choice for the job, and he liked Hegseth from Trump’s last term when he briefly considered him for leading the Department of Veterans Affairs before being warned that he may not get confirmed by the Senate, one source familiar said.
“Trump also thinks he has the look,” one source said….
Trump’s choice of Hegseth is a notable departure from his picks for defense secretary in his first term, when he selected a four-star general, James Mattis, and an Army secretary, Mark Esper, to lead the Pentagon. But Trump ultimately soured on both of those secretaries and was sharply critical of them after Mattis resigned and Esper was fired.
One defense official told CNN, “Everyone is simply shocked.” Another Pentagon official who was following the potential picks for defense secretary learned about the possibility of Hegseth only in the hours before the nomination and, like others who spoke on condition of anonymity with CNN, didn’t know how to react.
Even some former Trump officials who have remained close to former colleagues and have been in touch with the transition were caught off guard. One former Trump official also said they were “shocked” by the selection and expect there’s going to be an effort to “take him down.”
Indeed, in choosing Hegseth, Trump has likely set off what could be his first contentious confirmation fight for a Cabinet pick. While Senate Republicans newly in the majority are likely to be deferential to Trump’s selections, Trump’s nominees can only afford to lose a handful of Republicans to win confirmation.
The article notes that Hegseth opposes women serving in combat. A bit more info:
The Princeton and Harvard grad also served as CEO for veterans advocacy organization Concerned Veterans for America and holds two Bronze Stars, according to Simon & Schuster, the company that published his 2017 book “In the Arena.”
Hegseth says he was removed from inauguration duty in 2021 because of what he described as a religious tattoo.
In his book, Hegseth wrote that he had served under former Presidents George W. Bush, Barack Obama, and Trump. His unit was tasked to work the inauguration of Joe Biden as well on January 20, 2021.
“Ultimately, members of my unit in leadership deemed that I was an extremist or a white nationalist because of a tattoo I have, which is a religious tattoo,” Hegseth told Fox News during an interview promoting his book in June. Hegseth said the tattoo is a Jerusalem cross.
Hegseth first job will probably be to lead a purge of generals who are not sufficiently loyal to Trump.
From The New Republic: Trump’s First Executive Order May Be a Military Purge. The order could place the military under the president’s total command, like never before.
Trump’s transition team has a “warrior board” executive order ready for the president-elect’s desk.
An executive order draft is floating around MAGA world that would establish a Trump-appointed “warrior board” with the power to purge any three- or four-star generals as it sees fit. The board would send its dismissal recommendations to Trump and they would be acted upon within 30 days.
The draft executive order, which was first reported on by The Wall Street Journal, makes it easy to quickly remove military officials “lacking in requisite leadership qualities” but leaves open the question of what those requisite qualities are. The executive order draws on General George C. Marshall’s 1940 creation of a “plucking board” led by retired general officers to “remove from line promotion any officer for reasons deemed good and sufficient.” But that plucking board was to uplift young officers with high potential, not to cull anyone not perfectly aligned with MAGA.
It’s not yet clear if Trump will sign the executive order, but Trump has held vitriol toward certain military leaders for some time now. He has vowed to weaponize them against the “enemy within,” to fire anyone involved in the 2021 U.S. withdrawal from Afghanistan, and to create a task force to weed out “woke generals.”

Pete Hegseth
Here is what Hegseth has promoted in the past. The Washington Post: Pete Hegseth has said exactly how he will shake up the Pentagon.
President-elect Donald Trump’s selection of Fox News host Pete Hegseth as his nominee for defense secretary would place atop the Pentagon a combat veteran and political ally who has assailed the military as ineffective and “woke,” mused about firing the chairman of the Joint Chiefs of Staff,and blasted the top brass as having failed to safeguard American strength.
Hegseth’s nomination suggests a coming battle over social and personnel issues within the armed forces, historically one of the nation’s most diverse institutions. He has been among Trump’s most high-profile supporters to champion the cause of rolling back initiatives designed to promote diversity.
Throughout his campaign, Trump made a distinction between fighting generals and “woke” generals, vowing to fire the latter. Asked in a podcast interview with the “Shawn Ryan Show” published last week what he would do, Hegseth set a tone that looks ominous for senior Pentagon officials.
“First of all, you’ve got to fire the chairman of the Joint Chiefs,” Hegseth said, referring to Gen. Charles Q. Brown Jr. “Any general, any admiral, whatever,” who was involved in diversity, equity and inclusion programs or “woke s—” has “got to go,” Hegseth said.
Now that Ivanka has stepped back from politics, it seems that Don Jr. has become an important adviser to Trump, according the WaPo article:
His [Hegseth’s] nomination represents a major victory for Donald Trump Jr., who has lobbied for the inclusion of more unorthodox candidates, such as Vice President-elect JD Vance and biotech entrepreneur Vivek Ramaswamy, against the wishes of establishment Republicans who favored filling key administration roles with those they see as more traditional choices, such as former secretary of state Mike Pompeo.
The breakneck speed of the Hegseth nomination also underscores the value Trump places on TV personalities who have used their platform to promote his agenda.
It’s difficult to believe that Senate Republicans would confirm this nomination, but Trump has demanded that the Senate stay in recess at the beginning of his term so he can put his corrupt choices in place though recess appointments.
Some more appointments that Trump announced yesterday: Mike Huckabee to be Ambassador to Israel; Elon Musk and Vivek Ramaswamy to lead a government efficiency department.
Rolling Stone: Elon Musk, Vivek Ramaswamy to Lead Trump’s New ‘Department of Government Efficiency.’
A month ago, billionaire Elon Musk warned that if Donald Trump won a second presidential term and gave him a role in government, Americans would need to “reduce spending to live within our means” and suffer “temporary hardship” in order to address the national debt. On Tuesday, the Tesla CEO seemed closer to achieving that goal after the president-elect announced Musk and Vivek Ramaswamy will lead a new “Department of Government Efficiency” (DOGE).
The two entrepreneurs will be tasked with paving the way for Trump’s administration “to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies,” Trump said in a statement.
Vivek Ramaswamy and Elon Musk
He added that DOGE could “become, potentially, ‘The Manhattan Project’ of our time. Republican politicians have dreamed about the objectives of ‘DOGE’ for a very long time” and that the department would partner with the White House Office of Management and Budget (OMB). Exactly how DOGE would “provide advice and guidance from outside of government” was not clear.
In the statement shared by Trump, Musk declared that DOGE “will send shockwaves through the system and anyone involved in Government waste, which is a lot of people!”
“Importantly, we will drive out the massive waste and fraud which exists throughout our annual $6.5 Trillion Dollars of Government Spending. They will work together to liberate our Economy, and make the U.S. Government accountable to ‘WE THE PEOPLE,’” Trump continued. The president-elect ended by stating DOGE’s work will “conclude” no later than July 4, 2026, and that a “smaller government” will be the “perfect gift” to the American people, marking the 250th anniversary of the Declaration of Independence.
Presumably, the DOGE will not tamper with all the government contracts that Musk’s companies receive.
Apparently Musk is still in Trump’s good graces, but he’s wearing out his welcome with many staff members and other Mar-a-Lago denizens. He has been horning in on Trump’s meetings and phone calls. Musk even wanted to go along with Trump for his meeting with President Joe Biden today!
The New York Times: At Mar-a-Lago, ‘Uncle’ Elon Musk Puts His Imprint on the Trump Transition.
In nearly every meeting that President-elect Donald J. Trump holds at Mar-a-Lago, alongside him is someone who has been elected to nothing, nominated to nothing and, only a few months ago, had no meaningful relationship with him.
Elon Musk.
The world’s richest person has ascended to a position of extraordinary, unofficial influence in Mr. Trump’s transition process, playing a role that makes him indisputably America’s most powerful private citizen. He has sat in on nearly every job interview with the Trump team and bonded with the Trump family, and he is trying to install his Silicon Valley friends in plum positions in the next administration.
Elon Musk jumping around like a complete idiot
Mr. Trump announced on Tuesday that Mr. Musk would help lead what he called the Department of Government Efficiency, a new body to “dismantle government bureaucracy.” But Mr. Musk’s true influence on the Trump transition effort goes well beyond that posting.
Mr. Musk has assumed an almost mythical aura in Mr. Trump’s inner circle. At Mar-a-Lago one recent evening, he walked into the dining room about 30 minutes after the president-elect did and received a similar standing ovation, according to two people who saw him enter.
Mr. Musk, often with his 4-year-old son X on his lap, has spent most of the last week at Mar-a-Lago, joining not just interviews but almost every meeting and many meals that Mr. Trump has had. He briefly shuttled back to Austin, Texas, where he has a $35 million compound, before returning on Friday, where he ate in Mar-a-Lago’s dining room and on its patio, roamed the gift shop and spent time on the golf course — all alongside the president-elect.
“I’m happy to be the first buddy!” he replied to a social-media follower this weekend.
CNBC: Elon Musk attends Trump’s first post-election meeting with House Republicans in D.C.
Elon Musk on Wednesday joined President-elect Donald Trump for his first post-election meeting with the House Republican conference in Washington, D.C., an adviser to Trump told NBC News. Trump and Musk flew to the nation’s capital together from Florida aboard Trump’s plane.
The development is the latest example of how Musk, the world’s richest man and one of the top backers of Trump’s winning campaign, has grown his presence and influence in the future president’s orbit.
Here’s Politico Playbook’s take: Playbook: Elon wears out his welcome.
ELON BUTTS IN — Later this morning, Trump travels to Washington for the first time since his sweeping presidential victory last week, where he’ll make the customary visit to the White House and huddle with allies on Capitol Hill.
Earlier this week, however, Trump’s inner circle was abuzz that he might have a traveling companion for the trip: not wife MELANIA, who is remaining in Florida, but ELON MUSK — who privately expressed interest in joining Trump for his visit with President JOE BIDEN, to the vexation of some Trump insiders.
To be fair, there have been few boundaries on Musk’s involvement in Trump’s campaign and now in his transition. Last night, Trump announced that Musk would co-lead a “Department of Government Efficiency” — a sort of meme-ified Simpson-Bowles commission — alongside MAGA hype man VIVEK RAMASWAMY.
But the notion of allowing Musk to tag along to the White House, for a hallowed ritual in the peaceful transfer of power, prompted a bewildered reaction inside Trump world: Was that even allowed? What was the protocol for such a thing?
As of last night, it appears the plan might not materialize. After appearing earlier this week on a draft manifest for this morning’s flight to D.C., we couldn’t get a clear answer last night on whether Musk is coming or not.
The bigger picture, however, is how Musk is starting to wear out his welcome with some in Trump’s orbit. After initially making a huge splash with his endorsement, made just moments after the July attempt on Trump’s life, some insiders now say he’s become almost a comical distraction, hanging around Mar-a-Lago, sidling into high-level transition meetings and giving unsolicited feedback on Trump’s personnel decisions.
“Elon is getting a little big for his britches,” one insider tells Playbook.
Trump, for his part, doesn’t seem to mind, relishing the attention he’s getting from the richest man in the world. Over the weekend, our colleagues Meridith McGraw and Natalie Allison reported, Trump was zipping Musk around in his golf cart, introducing him to club members and showing him the resort’s gift shop.
That proximity has given Musk access to some of the most intimate details of the Trump transition. For example: While much was made about Musk joining Trump’s recent call with Ukrainian President VOLODYMYR ZELENSKYY, we’re told that the encounter was more or less a fluke: Musk happened to be in the room when Zelenskyy called, and Trump put him on the phone.
I could go on, but this post is already too long. I have no doubt there will be more horrors to deal with today. today.













“The Senate finally corrects a 50-year mistake,” proclaimed Senate Majority Leader Chuck Schumer, a Democrat from New York, after senators approved the legislation at 12:15 a.m. Saturday.
This did not appear to be the case just days ago. On Wednesday, Trump joined Elon Musk in 
Republicans have said the investigation is a way to undermine the conservative majority court, and all the Republicans on the committee protested against the subpoenas authorized for Crow and others as part of the investigation. No Republicans signed on to the final report, and no formal report from them was expected.








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