Posted: February 21, 2024 | Author: bostonboomer | Filed under: Donald Trump, Joe Biden, religion, Russia | Tags: Alexander Smirnov, Christian nationalism, FBI, Hunter Biden, Judge Aileen Cannon, Russian intelligence, Save America PAC, Special Counsel David Weiss, Special Counsel Jack Smith, stolen documents case |
Good Day!!
Portrait of Vsevolod Emilievich Meyerhold, by Pytr Konchalovsk, 1938
Today’s big political story: House Republicans’ efforts to impeach President Biden for supposed corruption involving his son Hunter is in deep trouble. You probably heard that their star witness has been indicted and arrested for lying to the FBI. On top of that, his “evidence” came from the Kremlin. Republicans are the Putin Party. Here’s the latest:
Hannah Rabinowitz and Cheri Mossburg at CNN: Indicted ex-FBI informant told investigators he got Hunter Biden dirt from Russian intelligence officials.
The former FBI informant charged with lying about the Bidens’ dealings in Ukraine told investigators after his arrest that Russian intelligence officials were involved in passing information to him about Hunter Biden, prosecutors said Tuesday in a new court filing, noting that the information was false.
Prosecutors also said Alexander Smirnov has been “actively peddling new lies that could impact US elections” after meeting with Russian spies late last year and that the fallout from his previous false bribery accusations about the Bidens “continue[s] to be felt to this day.”
Smirnov claims to have “extensive and extremely recent” contacts with foreign intelligence officials, prosecutors said in the filing. They said he previously told the FBI that he has longstanding and extensive contacts with Russian spies, including individuals he said were high-level intelligence officers or command Russian assassins abroad.
Prosecutors with special counsel David Weiss’ team said Tuesday that Smirnov has maintained those ties and noted that, in a post-arrest interview last week, “Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about Businessperson 1,” referring to President Joe Biden’s son, Hunter Biden.
The revelations about Smirnov’s alleged foreign contacts were disclosed as part of prosecutors’ arguments to keep him jailed ahead of trial – though a federal judge later granted Smirnov’s release with several conditions, including GPS monitoring and the surrender of his two passports. Smirnov declined to answer questions as he left the courthouse Tuesday evening.
Prosecutors alleged that Smirnov “claims to have contacts with multiple foreign intelligence agencies,” including in Russia, and that he could use those contacts to flee the United States.
The explosive revelation comes amid backlash over how Smirnov’s now-debunked allegations played into House Republicans’ impeachment inquiry into the president.
Read more details at CNN.
From the Associated Press:
A former FBI informant charged with making up a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company had contacts with Russian intelligence-affiliated officials, prosecutors said Tuesday.
Prosecutors revealed the alleged contact as they urged a judge in Las Vegas to keep Alexander Smirnov behind bars while he awaits trial. But U.S. Magistrate Judge Daniel Albregts allowed Smirnov to be released from custody on electronic GPS monitoring.
Joan Brown, Noel in the Kitchen (circa 1964).
He is accused of falsely telling his FBI handler that executives with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each around 2015 — a claim that became central to the Republican impeachment inquiry in Congress….
According to prosecutors, Smirnov admitted in an interview after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip….
Prosecutors said Smirnov, who holds dual U.S.-Israeli citizenship, falsely reported to the FBI in June 2020 that executives associated with Burisma paid millions of dollars to Hunter and Joe Biden in 2015 or 2016.
But Smirnov had only routine business dealings with the company starting in 2017 and made the bribery allegations after he “expressed bias” against Joe Biden while he was a presidential candidate, according to prosecutors.
He is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles, where he lived for 16 years before relocating to Las Vegas two years ago.
Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Democrats called for an end to the probe after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”
More details from Tori Otten at The New Republic: Republicans’ Star Hunter Biden Witness Is an Epic Disaster.
Republicans’ main witness in their efforts to impeach Joe Biden has already been charged with lying to the FBI. Now he has also admitted to having ties to Russian intelligence officers.
Alexander Smirnov, a longtime FBI informant with ties to Ukraine, had claimed to have proof of Biden and his son Hunter accepting bribes from a Ukrainian oligarch. Republicans repeatedly touted Smirnov’s claims in their quest to impeach the president. But last week, the Justice Department announced that it was charging Smirnov with making a false statement and creating a false record related to the bribery allegation.
Now, in a detention memo filed Tuesday, the Justice Department revealed that Smirnov confessed that Russian intelligence officers helped him smear Hunter Biden.
“During his custodial interview on February 14, Smirnov admitted that officials associated with Russian intelligence were involved in passing a story about” the younger Biden, the filing said.
Smirnov also told the FBI that he had had repeated contact with a Russian official who, as Smirnov told it, was “the son of a former high-ranking Russian government official, someone who purportedly controls two groups of individuals tasked with carrying out assassination efforts in a third-party country, a Russian representative to another country, and … someone with ties to a particular Russian intelligence service.”
Laurie Simmons, Blonde-Aqua Sweater-Dog (2014).
Smrinov initially tried to spread the Biden Ukrainian corruption story just before the 2020 election, but Justice Department prosecutors are warning that Smirnov’s “misinformation” goes far beyond that.
“He is actively peddling new lies that could impact U.S. elections after meeting with Russian intelligence officials in November,” they said in the filing.
The memo notes that Smirnov himself reported several meetings with Russian officials as recently as December 2023.
The charges against Smirnov are the latest major fail in Republicans’ attempts to impeach Biden, which has been nothing but a comedy of errors. For almost a year, the GOP has insisted that Biden and his son are guilty of corruption. Republicans have not produced a shred of concrete evidence of their claims, but they have repeatedly upheld accusations from a supposedly credible but confidential FBI source (whom we now know is Smirnov) as reason enough to keep investigating the president.
Hunter Biden and his attorney’s are back in court. Here’s a brief summary of their court filings from ABC News: Attorneys for Hunter Biden file motions to dismiss tax charges in California.
Attorneys for Hunter Biden on Tuesday moved to dismiss tax-related charges brought by special counsel David Weiss in California, accusing prosecutors of selectively targeting President Joe Biden’s son, violating a statute of limitations, and filing duplicative charges on three counts of failure to pay and tax evasion.
“The special counsel has gone to extreme lengths to bring charges against Mr. Biden that would not have been filed against anyone else,” Hunter Biden’s attorney Abbe Lowell said in a statement.
“Prosecutors reneged on binding agreements, bowed to political pressure to bring unprecedented charges, overreached in their authority, ignored the rules and allowed their agents to run amok, and repeatedly misstated evidence to the court to defend their conduct. It is time to hold the special counsel accountable and dismiss these improper charges,” Lowell said.
Weiss’ office charged Hunter Biden in December with nine felony and misdemeanor charges stemming from his failure to pay $1.4 million in taxes for three years during a time when he was in the throes of addiction. Hunter Biden has pleaded not guilty to all charges.
The back taxes and penalties were eventually paid in full by a third party, identified by ABC News as Hunter Biden’s attorney and confidant, Kevin Morris.
In his motions on Tuesday, Lowell reiterated many of the arguments he waged in his efforts to dismiss three additional felony counts Biden faces in Delaware – charges to which Biden has also pleaded not guilty.
Lowell claimed that the tax indictment is the result of a selective and vindictive prosecution stemming from political pressure, that Weiss was not properly appointed special counsel and therefore lacks authority to file charges, and that an immunity agreement struck by the two parties last summer remains in effect.
Lowell also argued that the statute of limitations for Biden’s alleged failure to pay taxes in 2016 expired in April 2023.
Marcy wrote in detail about the new filings at Emptywheel. You can wade through that if you want to: Hunter Biden’s Motions to Dismiss: The Technical Complaints.
The latest legal and political Trump news
Roger Sollenberger at The Daily Beast: Donald Trump’s Cash Crunch Just Got Much, Much Worse.
As Donald Trump’s legal troubles consume more and more of his time, they’re also consuming more of his donors’ money—and there’s a huge hole in the bucket.
On Tuesday, Trump’s “Save America” leadership political action committee reported raising just $8,508 from donors in the entire month of January, while spending about $3.9 million, according to a new filing with the Federal Election Commission.
Nearly $3 million of that overall spending total was used for one purpose: to pay lawyers.
At the same time, the Trump campaign itself reported a net loss of more than $2.6 million for the month of January. It raised about $8.8 million while spending around $11.5 million, according to a separate filing made public on Tuesday.
The filings reveal that Trump is continuing to burn through his donors’ funds as he struggles to feed two massive cash drains—astronomical legal bills stemming from numerous civil cases and four criminal indictments, plus the costs of a national presidential campaign….
Jean-François Millet, Shepherdess and Her Flock (1862–63).
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
Despite reporting almost no donations in January, the Save America PAC—a group Trump launched days after the 2020 election, ostensibly to fund legal challenges—actually increased its bottom line by more than $1 million, ending the month with nearly $6.3 million on hand.
However, that increase can’t be chalked up to new donations. It’s entirely due to a $5 million transfer from a different pro-Trump super PAC, which is still in the process of refunding $60 million that the former president demanded back last year, as his legal bills threatened to put Save America, his legal slush fund, into bankruptcy.
Read more bad news for Trump at the link above.
At Slate, Norman Eisen and Joshua Kolb speculation on the possibility that: Aileen Cannon Might Actually Get Herself Kicked Off the Trump Classified Docs Case.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
The recent news about possible Russian space nukes reminds us that we live in a very insecure world. That is why perhaps none of Donald Trump’s four criminal cases is more troubling than the federal prosecution brought by special counsel Jack Smith for mishandling classified documents. Unfortunately, the judge handling the case, Aileen Cannon—a last-minute appointment rushed through in the waning days of the Trump administration—has proved herself to be by far the worst of the jurists overseeing these momentous cases. Her decisions during the investigative phase of the case strayed wildly from precedent, leading to brutal reversals by the U.S. Court of Appeals for the 11th Circuit. Now Smith appears to be preparing to ask that body to overturn at least one and possibly two of her decisions. In our view, while he is there on those other issues, he should also petition them to remove her from the case.
Why do we think Smith might be headed to the court of appeals? In part because he has already sought reconsideration for the latest of Cannon’s unlawful orders. This is a step that is warranted only in rare circumstances, including when a judge has made a “clear error” that led to “manifest injustice.” In this instance, at Trump’s behest, Cannon has decided to unseal the identities of two dozen potential witnesses, along with sensitive information they provided to the government. The “clear error” Smith identifies is striking: He alleges that Cannon applied the wrong legal standard in making this decision, requiring him to make a far more stringent showing than should be needed to protect these names. In his motion for reconsideration, Smith shows that the case law—including the very cases Cannon herself cited in her order—does not establish the unreasonable hurdles she wants him to clear.
Mary Cassatt, Little Girl in a Blue Armchair (1878).
In his motion for reconsideration, Smith also argues that Cannon minimizes the risk of real-world harm and witness intimidation these individuals would face. He notes that there is a “well-documented pattern in which judges, agents, prosecutors, and witnesses involved in cases involving Trump have been subject to threats, harassment, and intimidation.” Cannon’s cavalier attitude is dangerous for the potential witnesses whose identities could be revealed. As Smith asserts in his brief, “a court’s duty is to prevent harms to the witnesses or the judicial process ‘at their inception.’ ” Cannon appears willing to abdicate that duty.
In response to Smith’s reconsideration motion, Cannon ordered Trump to respond by Friday. That will set up a dramatic ruling by Cannon: Either she reverses her position—which would be an admission that she was fundamentally mistaken about the law in a way that caused “manifest injustice”—or she leaves her ruling in place, putting individuals in jeopardy and twisting the law to help Trump. At that point, Smith may have enough ammunition to seek her reassignment from the 11th Circuit.
Beyond that contretemps, there is a second possible dispute that may be headed to the court of appeals shortly. Earlier this month saw two days of hearings on whether the defendants in the case will get access to highly classified documents under the Classified Information Procedures Act. That statute allows the government to petition the court to redact, summarize, or even withhold classified information in a criminal case. Notably, the CIPA provides the government with the ability to immediately and swiftly appeal. Thus, even if Smith loses a ruling related only to a single document, the statute allows him to go straight to the 11th Circuit.
Some stories out today provide details on Trump’s plans for the U.S. if he somehow gets back into the White House.
Politico’s Alexander Ward and Heidi Przybyla on Trump’s plans for our country: Trump allies prepare to infuse ‘Christian nationalism’ in second administration.
An influential think tank close to Donald Trump is developing plans to infuse Christian nationalist ideas in his administration should the former president return to power, according to documents obtained by POLITICO.
Spearheading the effort is Russell Vought, who served as Trump’s director of the Office of Management and Budget during his first term and has remained close to him. Vought, who is frequently cited as a potential chief of staff in a second Trump White House, is president of The Center for Renewing America think tank, a leading group in a conservative consortium preparing for a second Trump term.
Christian nationalists in America believe that the country was founded as a Christian nation and that Christian values should be prioritized throughout government and public life. As the country has become less religious and more diverse, Vought has embraced the idea that Christians are under assault and has spoken of policies he might pursue in response.
One document drafted by CRA staff and fellows includes a list of top priorities for CRA in a second Trump term. “Christian nationalism” is one of the bullet points. Others include invoking the Insurrection Act on Day One to quash protests and refusing to spend authorized congressional funds on unwanted projects, a practice banned by lawmakers in the Nixon era.
CRA’s work fits into a broader effort by conservative, MAGA-leaning organizations to influence a future Trump White House. Two people familiar with the plans, who were granted anonymity to discuss internal matters, said that Vought hopes his proximity and regular contact with the former president — he and Trump speak at least once a month, according to one of the people — will elevate Christian nationalism as a focal point in a second Trump term.
The documents obtained by POLITICO do not outline specific Christian nationalist policies. But Vought has promoted a restrictionist immigration agenda, saying a person’s background doesn’t define who can enter the U.S., but rather, citing Biblical teachings, whether that person “accept[ed] Israel’s God, laws and understanding of history.”
Read the rest at Politico, if you can stomach it.
At Salon, Amanda Marcotte has some thoughts on the Politico story: Donald Trump may not believe in God, but he still plans to turn America into a Christian theocracy.
If there were only some way to prove it, I would happily bet everything I own that Donald Trump does not believe in God. Not because he’s carefully engaged the many philosophical proofs for atheism that are out there, of course. He’s simply too much of a sociopathic narcissist to believe in anything higher than himself. He also, as recent court verdicts regarding sexual assault and massive fraud demonstrate, has no moral compass. He’s only too happy to be party to attempted murder, in fact, as long as it’s someone else who takes the risk of prison for it.
Alas, there’s no way to force Trump to tell the truth about his lack of belief in God, but there are plenty of signs of his deep contempt for religion. Multiple witnesses have described how he laughs at Christians behind their backs, calling their faith “bullshit.” When he play-acts belief in public, he struggles to hide his scorn, failing to acknowledge basic precepts of Christianity that even most non-believers understand.
I suspect most Americans, even Republican voters, understand that Trump is not a believer. (He does seem to think he’s a god himself, a view his voters are all too willing to endorse.) Unfortunately, this can incline folks to feel that, if re-elected, Trump will govern as a secularist. Focus groups, for instance, regularly show that voters disregard the threat Trump poses to legal abortion, even though he’s the reason Roe v. Wade was overturned. They correctly surmise that Trump would be fine with any woman he has sex with aborting an inconvenient pregnancy, but forget that, for Trump, rules are for other people. He’d only be too happy to send every woman who got an abortion to prison, so long as he personally is off the hook.
The grim reality, however, is that should Trump win (or steal) the White House this November, he will govern as a theocrat. There’s a reason that Speaker Mike Johnson, R-La., has attached himself like a suckerfish to Trump’s rear end. Johnson wants the U.S. to abandon freedom of religion, and instead run it according to his far-right view of a “biblically sanctioned government.” He sees Trump as the single best route to turning the country into a Christian dictatorship.
On Tuesday, Politico published an exposé of the secret plans of The Center for Renewing America think tank, described as “a leading group in a conservative consortium preparing for a second Trump term.” Led by Russell Vought, who once worked as Trump’s director of the Office of Management and Budget, the group has drafted a blueprint to turn the U.S. into a “Christian nationalist” country. The group argues that “freedom is defined by God, not man,” which is a fancy way of saying that they oppose most human rights. Subsequently, they are calling for an end to free speech, by using the Insurrection Act to quell protests. The coalition also expressed support for “overturning same-sex marriage, ending abortion and reducing access to contraceptives.”
One more outrageous/WTF Trump story before I bring this post to a close. Politico: Trump calls his civil fraud verdict a ‘form of Navalny.’
Former President Donald Trump likened the $355 million judgment against him in a New York civil trial to the death of Russian opposition leader Alexei Navalny during a Fox News town hall on Tuesday evening.
“It is a form of Navalny. It is a form of communism or fascism,” he said, before going on to attack the judge in the case, Arthur Engoron, who he called a “nut job.”
Trump compared himself to Navalny, the outspoken critic of Russian President Vladimir Putin, who died in prison on Friday, on several occasions during the event. Earlier in the town hall, Trump praised Navalny as a “very brave guy” because he chose to return to Russia, where he had been jailed since 2021, though Trump said he “probably would have been a lot better off staying away and talking from outside.”
“People thought that could happen and it did happen,” Trump said, referring to Navalny’s death. “And it’s a horrible thing.”
Asked about outrage over Navalny’s death, Trump said, “It’s happening here.” He said his indictments are “all because of the fact that I’m in politics.”
Trump refrained from blaming Putin for the death, as President Joe Biden and former U.N. Ambassador Nikki Haley, Trump’s sole remaining credible primary opponent, have done.
Trump’s remarks amounted to a doubling down on his controversial post on Truth Social on Monday that “the sudden death of Alexei Navalny has made me more and more aware of what is happening in our Country.”
Lock him up.
That’s all the news I have for you today. What are your thoughts? What other stories are you interested in?
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Posted: August 19, 2023 | Author: bostonboomer | Filed under: 2020 Elections, 2021 Insurrection, Afternoon Reads, Cats, caturday | Tags: China, Christopher Worrell, Enrique Tarrio, fake electors, FBI, foreign policy, Georgia election interference case, January 6 insurrection, January 6 prosecutions, Japan, Joe Biden, Joe Biggs, Kenneth Chesebro, Proud Boys, South Korea, Vietnam |
Happy Caturday!!
It’s difficult for me to focus on anything except the legal news about Trump’s crimes; but before I get to the latest on that, I want to call attention to Joe Biden’s latest foreign policy efforts. I admit I really that I originally was not at all enthused about a Biden presidency, but he has turned out to be very good at his job. His age and experience have prepared him for this moment in history.
Reuters: US, South Korea and Japan condemn China, agree to deepen military ties.
CAMP DAVID, Maryland, Aug 18 (Reuters) – U.S. President Joe Biden and the leaders of South Korea and Japan agreed at Camp David on Friday to deepen military and economic cooperation and made their strongest joint condemnation yet of “dangerous and aggressive behavior” by China in the South China Sea.
The Biden administration held the summit with the leaders of the main U.S. allies in Asia, South Korean President Yoon Suk Yeol and Japanese Prime Minister Fumio Kishida, in a bid to project unity in the face of China’s growing power and nuclear threats from North Korea.
In a summit statement the three countries committed to consult promptly with each other during crises and to coordinate responses to regional challenges, provocations and threats affecting common interests.
They also agreed to hold military training exercises annually and to share real-time information on North Korean missile launches by the end of 2023. The countries promised to hold trilateral summits annually.
While the political commitments fall short of a formal three-way alliance, they represent a bold move for Seoul and Tokyo, which have a long history of mutual acrimony stemming from Japan’s harsh 1910-1945 colonial rule of Korea.
The summit at the Maryland presidential retreat was the first standalone meeting between the U.S. and Japan and South Korea and came about thanks to a rapprochement launched by Yoon and driven by shared perceptions of threats posed by China and North Korea, as well as Russia after its invasion of Ukraine.
The leaders’ language on China stood out as stronger than expected, and is likely to provoke a response from Beijing, which is a vital trading partner for both South Korea and Japan.
“Regarding the dangerous and aggressive behavior supporting unlawful maritime claims that we have recently witnessed by the People’s Republic of China (PRC) in the South China Sea, we strongly oppose any unilateral attempts to change the status quo in the waters of the Indo-Pacific,” the statement said.
Next Biden plans to build closer ties with Vietnam. Politico: Biden to sign strategic partnership deal with Vietnam in latest bid to counter China in the region.
President Joe Biden will chalk up a fresh victory in his campaign to boost U.S. influence in the Indo-Pacific by sealing a deal with Vietnam next month aimed to draw Hanoi closer to Washington at a time of rising tensions with Beijing.
Biden will sign a strategic partnership agreement with Vietnam during a state visit to the Southeast Asian country in mid-September, according to three people with knowledge of the deal’s planning. They were granted anonymity because they weren’t authorized to speak on the record about the agreement.
The agreement will allow for new bilateral collaboration that will boost Vietnam’s efforts to develop its high technology sector in areas including semiconductor production and artificial intelligence….
The deal adds to Biden’s string of successful diplomatic initiatives aimed to reassert U.S. influence in Asia in the face of China’s growing economic, diplomatic and military muscle in the region. They include a historic Camp David summit Friday with Biden, Japanese Prime Minister Fumio Kishida and South Korean President Yoon Suk Yeol — aimed at addressing regional threats from North Korea and China.
The Vietnam agreement coincides with an uptick in tension between Hanoi and Beijing over long-standing territorial disputes in the South China Sea. Vietnam — along with the Philippines, Malaysia and Brunei — has long protested Beijing’s claim of authority over parts of the South China Sea that extend 1,200 miles from China’s coastline. Hanoi banned the Barbie movie last month due to a scene that appeared to reference the nine-dash line Beijing says marks its territorial waters. Satellite imagery released this week indicates China is building an airfield on an island that Hanoi says is Vietnamese territory.
But the agreement doesn’t necessarily signal that Vietnam is moving away from its giant neighbor China in favor of better ties with Washington.
“Vietnam is not aligning with the U.S. against China. … They’re happy to improve relations with the U.S., but it doesn’t mean they’re moving against China — they’re going to continue to calibrate very carefully,” said Scot Marciel, a former principal deputy assistant secretary for East Asia and the Pacific at the State Department who opened the first State Department office in Hanoi in 1993.
Now some legal news.
In the January 6th prosecutions, the DOJ has asked for 33 years in prison for Proud Boy leaders Enrique Tarrio and Joe Biggs. Kyle Cheney at Politico: Prosecutors seek 30-year sentences for Proud Boys leaders in Jan. 6 case.
Prosecutors are seeking 33-year prison sentences for former Proud Boys chair Enrique Tarrio and his ally Joe Biggs, who they say aimed to foment a revolution on Jan. 6 to keep former President Donald Trump in power.
The proposed jail sentences would nearly double the lengthiest Jan. 6 sentence handed down to date — 18 years for Oath Keepers leader Stewart Rhodes — a decision prosecutors say reflects the pivotal role that Proud Boys leaders played in stoking and exacerbating the violence at the Capitol that day.
“The defendants understood the stakes, and they embraced their role in bringing about a ‘revolution,’” prosecutors wrote in their sentencing memo released Thursday night. “They unleashed a force on the Capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election. The foot soldiers of the right aimed to keep their leader in power. They failed. They are not heroes; they are criminals.”
Both Tarrio and Biggs were convicted of seditious conspiracy in May by a jury who also found allies Philadelphia Proud Boy leader Zachary Rehl and Seattle Proud Boy leader Ethan Nordean guilty of the grave offense. Prosecutors are seeking 30 years for Rehl and 27 years for Nordean.
A fifth Proud Boy tried alongside the others, Dominic Pezzola, was acquitted of seditious conspiracy but convicted on other serious offenses. Pezzola may be the best known of the group, however. He shattered a Senate-wing window with a stolen police riot shield, triggering the breach of the Capitol itself. Prosecutors are seeking a 20-year jail term for him.
Read more details at the Politico link.
Marcy Wheeler has an interesting story about Proud Boy Joe Biggs, who used to be an informant for the FBI. If you’ve wondered why the FBI failed to warn people about the terrorists who were working to overthrow the government on January 6, here’s one answer. Emptywheel: “They Spoke Often:” It Took the Fash-Friendly FBI Over Two Months to Document the Lies their Informant, Joe Biggs, Told Them.
I always have a hard time excerpting Marcy’s posts, but I hope you’ll go read it at the link. The gist is that the FBI used Biggs to target “Antifa.” They were focused on radical left groups and ignored the violent extremist on the right. Here’s the summary at the end of the post:
The FBI claims it had no notice of the terrorist attack on the nation’s Capitol, not even with an FBI agent “speaking often” with one of its leaders and an DC intelligence cop speaking often with the other one.
So now, DOJ wants to hold Joe Biggs accountable for the lies he told to the FBI agent who thought a key leader of the Proud Boys would make an appropriate informant targeting Antifa. But thus far, his handler has not been held accountable for missing the planning of a terrorist attack in DC when while speaking “often” with one of its key leaders.
Notably, the Daytona FBI office is the same one where, after fake whistleblower Stephen Friend refused to participate in a SWAT arrest of a Three Percenter known to own an assault rifle, his supervisor said “he wished I just ‘called in sick’ for this warrant,” before taking disciplinary action against him (though Friend didn’t start in Daytona Beach until after Biggs had already been arrested).
The second of these interviews (but not the first) interview was mentioned in Biggs’ arrest affidavit. It’s possible that investigating agents didn’t even know about what occurred in the first one.
Indeed, it’s really hard to credit the reliability of a 302 written two days after Biggs described his chummy relationship but not this interview in an attempt to stay out of jail.
This is why the FBI didn’t warn against January 6. Because these terrorists were the FBI’s people.
Another Proud Boy, Christopher Worrell, was supposed to be sentenced soon, but yesterday, news broke that he has disappeared. Associated Press: Proud Boy on house arrest in Jan. 6 case disappears ahead of sentencing.
Authorities are searching for a member of the Proud Boys extremist group who disappeared days before his sentencing in a U.S. Capitol riot case, where prosecutors are seeking more than a decade in prison, according to a warrant made public Friday.
Christopher Worrell, 52, of Naples, Florida, was supposed to be sentenced Friday after being found guilty of spraying pepper spray gel on police officers, as part of the mob storming the Capitol as Congress was certifying Joe Biden’s presidential victory on Jan. 6, 2021. Prosecutors had asked a judge to sentence him to 14 years.
The sentencing was canceled and a bench warrant for his arrest issued under seal on Tuesday, according to court records. The U.S. attorney’s office for Washington, D.C., encouraged the public to share any information about his whereabouts.
Worrell had been on house arrest in Florida since his release from jail in Washington in November 2021, less than a month after a judge substantiated his civil-rights complaints about his treatment in the jail.
U.S. District Judge Royce Lamberth found Worrell’s medical care for a broken hand had been delayed, and held D.C. jail officials in contempt of court.
The big topic of conversation in the media and Twitter yesterday was a Trump ally who has previously passed under the radar–Kenneth Chesebro, who appears to be one of the unindicted co-conspirators in the Georgia election interference case. It turns out this guy was integral to what happened on January 6. Chesboro was also the originator of the scheme to use “fake electors” to overthrow the 2020 election.
CNN’s KFile: Kenneth Chesebro, alleged architect of fake electors’ plot, followed Alex Jones around Capitol grounds on January 6th.
When conspiracy theorist Alex Jones marched his way to the US Capitol on January 6, 2021, riling up his legion of supporters, an unassuming middle-aged man in a red “Trump 2020” hat conspicuously tagged along.
Videos and photographs reviewed by CNN show the man dutifully recording Jones with his phone as the bombastic media personality ascended to the restricted area of the Capitol grounds where mobs of then-President Donald Trump’s supporters eventually broke in.
While the man’s actions outside the Capitol that day have drawn little scrutiny, his alleged connections to a plot to overthrow the 2020 election have recently come into sharp focus: He is attorney Kenneth Chesebro, the alleged architect of the scheme to subvert the 2020 Electoral College process by using fake GOP electors in multiple states.
When asked by the House select committee where he was the first week of January 2021 and on January 6, Chesebro invoked his Fifth Amendment rights. But a CNN investigation has placed him outside of the Capitol at the same time as his alleged plot to keep Trump in office unraveled inside it.
There is no indication Chesebro entered the Capitol Building or was violent. Jones did not enter the Capitol on January 6, 2021, or engage in violence, but he had warned of a coming battle the day before and urged his supporters to converge on the Capitol.
Chesebro is the only one of the unindicted co-conspirators in Trump’s recent federal indictment and only member of Trump’s legal efforts who is now known to have been on the Capitol grounds on January 6.
CNN was able to place Chesebro at the protest through publicly available databases with photos and videos from that day. Interviews with his acquaintances also confirmed his identity. Chesebro declined CNN’s requests for comment, citing ongoing litigation.
It was unclear why Chesebro was following Jones on January 6.
“Even if Chesebro is simply a diehard Infowars fan, I think that would further illustrate how thin the line was between the serious, credentialed people who sought to undermine election results and the extremist figures who sought to unleash havoc was in that period, to the extent it meaningfully existed at all,” said Jared Holt, an expert at the Institute for Strategic Dialogue which investigates extremism, hate and disinformation.
Read the rest at CNN.
More on Cheseboro from The Washington Post: The ‘brains’ behind fake Trump electors was once a liberal Democrat.
VEGA ALTA, Puerto Rico — The blinds were drawn at a handsome villa in an oceanfront gated community on the northern coast of this Caribbean island. Inside, a woman’s voice could be heard calling out “Ken” — but no one answered the door.
Records show this isthe tropical refuge of Kenneth J. Chesebro, a lawyer who allegedly marshaled supporters of President Donald Trump to pose as electors in states won by Joe Biden in 2020, creating a pretext for Vice President Mike Pence to delay counting or disregard valid electoral college votes on Jan. 6, 2021.
Since then, Chesebro, 62, has kept a low profile. He decamped to Puerto Rico from New York last year, and some friends said he’d fallen out of touch. A prominent law firm issued no public announcement last year when it tapped him to run a new department and added no mention of him to its website.
Lawyers handling a case against him in Wisconsin have told a judge they were unable to locate him. Even the House select committee that investigated the pro-Trump attack on the Capitol did not depose him until last fall — after it had interviewed more than a thousand others and conducted public hearings — because it had trouble finding him, according to a person familiar with the situation who was not authorized to speak publicly.
Chesebro was among 19 people charged Monday in Georgia with a raft of crimes related to alleged efforts to overturn the results of the 2020 election. A 98-page indictment secured by Atlanta-area prosecutors portrays Chesebro as central not just to the convening of sham electors but also to the “strategy for disrupting and delaying the joint session of Congress on Jan. 6, 2021.” He faces seven felony charges, including conspiracy to commit forgery and conspiracy to file false documents, as well as violation of an anti-racketeering act originally aimed at dismantling organized crime groups.
Background information on Chesebro:
A Harvard-trained lawyer once keen on liberal causes, and registered as a Democrat as recently as 2016, Chesebro may be the least well known of the small set of figures key to both indictments. His retreat from public life since Jan. 6 has deepened the mystery for former classmates and colleagues puzzling over how he became a central player in plans to reverse the outcome of a democratic election.
“The Ken I knew would not have been involved with that,” said Holly Hostrop, a lawyer who worked with Chesebro about 20 years ago on litigation against the tobacco industry that extracted millions in punitive damages for ailing smokers. “I have great respect for his legal skills and felt we were on the side of angels in that litigation. It makes me wonder how he got sucked into this.”
The successful appellate lawyer studied at Harvard University under Laurence Tribe, the preeminent legal scholar who advised congressional Democrats on both of Trump’s impeachments. Chesebro continued working with Tribe for about 20 years, on wide-ranging litigation involving class-action claims and punitive damages.
But friends said his politics seemed to shift after he reaped sizable returns from his investments in cryptocurrency in the past half-decade. He began to stake out more-libertarian positions in legal briefs, especially in his home state of Wisconsin, where he started donating to Republicans and working with a former judge, Jim Troupis, who Chesebro would later testify under oath had brought him into Trump’s orbit.
“He was not making good-faith legal arguments for his client,” said Tribe, who expressed dismay over his former mentee’s emergence as an architect of Trump’s plans to cling to power. “He was inventing legal fiction that paid no attention to the law and creating a pretext for a conspiracy to steal an election.”
That’s all I have for you today. Have a nice Caturday!
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Posted: January 28, 2023 | Author: bostonboomer | Filed under: cat art, caturday | Tags: Allison Guerriero, Charles McGonigle, Department of Justice, FBI, George Santos, Mark Rossini, Memphis Police, Tyre Nichols |
It’s Caturday!!
Olga Sacharoff, Young woman with cat
Last night the Memphis Police released video of the brutal beating of Tyre Nichols–a young man who weighed 140 pounds–by five police officers after a routine traffic stop. It is horrific and inexplicable. At one point one of the officers lifted Nichols’ limp body up so the others could more easily punch and kick him. Nichols never got any explanation of why he had been stopped. Toward the end of the beating he called out for his mother.
The New York Times provides a brief analysis the video in a series of live updates of the coverage: Video Captures Brutal Beating of Tyre Nichols.
America was shocked anew on Friday by a display of police violence caught on video, as Memphis released body camera and surveillance footage of police officers kicking and punching a 29-year-old Black man who later died. The man, Tyre Nichols, ran after being pepper sprayed by officers, but shows no signs of fighting back as the police beat him with a baton. “To me, that’s worse than Rodney King,” said Ed Obayashi, a police training expert and use-of-force expert, after watching the video.
Here are the details:
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A New York Times analysis of the video footage found that police officers deployed an escalating spiral of physical force and gave conflicting orders, repeatedly demanding that Mr. Nichols show his hands, even as other officers held his arms behind his back while another punched him. After officers pepper sprayed and beat Mr. Nichols, they left him sitting on the ground unattended and handcuffed, and once the medics were on the scene, they stood by for more than 16 minutes without administering treatment.
- Mr. Nichols, who was pulled out of his car by officers, can be heard saying, “I’m just trying to go home,” and at one point repeatedly screams, “Mom, Mom, Mom” as he is clubbed. Lawyers have said that his mother’s home was about 100 yards away from where he was beaten. Here is what we know about Mr. Nichols.
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Five Memphis police officers accused of causing Mr. Nichols’s death — Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith — were fired last week and charged on Thursday with murder and other crimes. The officers, who are all Black, posted bail on Friday and were released from jail. Here are the charges they face.
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The sheriff of Shelby County, which includes Memphis, said that two of his deputies who were on the scene after the beating had been “relieved of duty” on Friday night, pending an investigation, after he watched the video. Earlier this week, the Memphis Fire Department said two of its employees had been relieved of duty pending an internal investigation.
The Times also created A Timeline of Tyre Nichols’s Lethal Police Encounter. Read it at the link.
Also from The New York Times live update page, an analysis by experts on police violence: ‘The definition of excessive force’: Policing experts assess the beating of Tyre Nichols.
Experts in police training who reviewed videos released on Friday of the fatal beating of Tyre Nichols in Memphis said they believed there was no justification for the actions of the police officers involved, who have been charged with crimes including second-degree murder in his death….
“In my career, I’ve never seen — I mean, you see it in the movies — but I’ve never seen an individual deliberately being propped up to be beaten,” said Ed Obayashi, a police training expert and lawyer who conducts use-of-force investigations for state law enforcement across the country.
“To me, that’s worse than Rodney King,” added Mr. Obayashi, who is also a deputy sheriff and policy adviser in the Plumas County Sheriff’s Office in California.
In police training, it is emphasized repeatedly to officers that they need to be aware of their physical surroundings, Mr. Obayashi said, but the same stress should be placed on awareness of their own emotions. If officers’ tempers run high, he said, they are bound to make mistakes.
Young Woman with Cat – Wetlesen, Wilhelm 1908 Norwegian 1871-1925
In the Nichols confrontation, it is possible the officers felt disrespected when their directions weren’t followed, he said.
“This appears to be a case of classic contempt of cop,” he said, “for them to catch up with him later and then exact their revenge on the poor individual.”
Chuck Wexler, executive director of the Police Executive Research Forum, an organization of current and former law enforcement officials that studies the improvement of policing, said the officers’ behavior also fell short in other ways….
The beating is “the definition of excessive force,” Mr. Wexler said. In his view, Mr. Nichols did not present a danger that matched the force the officers used, beyond appearing to not want to be arrested.
Even when Mr. Nichols was lying on the ground, none of the officers attempted to help him, which Mr. Wexler said was a violation of their duty to render aid.
“This person was not treated as a human being,” he said.
Who was Tyre Nichols? This is from the AP via ABC7 in Los Angeles: Tyre Nichols was NorCal native with ‘beautiful soul’ and creative eye. He was born in Sacramento and had a website dedicated to his photography.
On most weekends, Tyre Nichols would head to the city park, train his camera on the sky and wait for the sun to set.
“Photography helps me look at the world in a more creative way. It expresses me in ways I cannot write down for people,” he wrote on his website. He preferred landscapes and loved the glow of sunsets most, his family has said.
“My vision is to bring my viewers deep into what I am seeing through my eye and out through my lens,” Nichols wrote. “People have a story to tell, why not capture it.”
Nichols, a 29-year-old father, was on his way home from taking pictures of the sky on Jan. 7, when police pulled him over. He was just a few minutes from the home he shared with his mother and stepfather, when he was brutally attacked by five Memphis police officers…
He was the baby of their family, born 12 years after his closest siblings. He had a 4-year-old son and worked hard to better himself as a father, his family said. He was an avid skateboarder from Sacramento, California, and came to Memphis just before the coronavirus pandemic and got stuck. But he was fine with it because he was with his mother, and they were incredibly close, Wells said. He had her name tattooed on his arm.
Friends at a memorial service this week described him as joyful and lovable.
“This man walked into a room, and everyone loved him,” said Angelina Paxton, a friend who traveled to Memphis from California for the service.
There’s more at that link about Nichols’ life in Sacramento. Here is Nichols’ photography website. Read more about Nichols:
CNN: Tyre Nichols was a son and father who enjoyed skateboarding, photography and sunsets, his family says.
The New York Times: From Sacramento to Memphis, Tyre Nichols Cut His Own Path.
Cupboard Love – Walter Frederick Osborne Quimperie, Irish Impressionism
In other news, we are getting more information about the case of former top FBI agent Charles McGonigle, who has been charged with secretly taking money to help Russian oligarch Oleg Deripaska evade sanctions and from an Albanian intelligence operative and former FBI informant.
It appears that McGonigle was turned in by former girlfriend. Here’s a Daily Beast summary of a long Insider article about it. The Daily Beast: Enraged Ex-Lover Tipped Off FBI to Top Official Accused of Helping Russia.
The angry ex-lover of the FBI’s former New York counterintelligence chief claims she tipped the feds off to some of his misdeeds before his arrest last week. Charles McGonigal, who was part of the FBI probe of the Trump campaign’s Russia ties, has been charged with money laundering, lying to the FBI, and taking money to help a sanctioned Russian oligarch, among others. In an interview with Insider, Allison Guerriero said she dated McGonigal for a year, unaware he was married. He spent far more lavishly than an FBI salary would typically allow, she recalled, and she once found a bag of cash in his apartment. But after their fling ended, he revealed he was married and had no plans to leave his wife. She said she was so angry that, after a bout of drinking, she emailed his boss to disclose the affair as well as extensive dealings she’d noticed McGonigal had in Albania. It’s unclear what came of the email but the feds turned up on her doorstep three years later to ask her about McGonigal and some of her allegations regarding Albania appeared in last week’s indictment.
Here’s the story at The Insider: Exclusive: Inside the extramarital affair and cash-fueled double life of Charles McGonigal, the FBI spy hunter charged with taking Russian money. Here’s the introductory section:
One morning in October 2017, Allison Guerriero noticed something unusual on the floor of her boyfriend’s Park Slope, Brooklyn, apartment: a bag full of cash. There it was, lying next to his shoes, near the futon, the kind of bag that liquor stores give out. Inside were bundles of bills, big denominations bound up with rubber bands. It didn’t seem like something he should be carrying around. After all, her boyfriend, Charles F. McGonigal, held one of the most senior and sensitive positions in the FBI.
“Where the fuck is this from?” she asked.
“Oh, you remember that baseball game?” McGonigal replied, according to Guerriero’s recollection. “I made a bet and won.”
McGonigal had two high-school-age children and a wife — or “ex-wife” as he sometimes referred to her — back at home in Chevy Chase, Maryland. He would return there once or twice a month. But McGonigal had led Guerriero to believe that he was either divorced or soon would be. She didn’t question his story, nor did she question the story about the bag full of cash.
A few days before, Guerriero had sat on the couch with McGonigal in the one-room garden sublet to watch McGonigal’s Cleveland Indians beat the Yankees. Much later — after Guerriero’s cancer diagnosis, their breakup, and McGonigal’s retirement from the FBI — McGonigal would be indicted on suspicion of, among other things, accepting $225,000 in cash from a former employee of Albania’s intelligence agency. That total includes one $80,000 chunk that was allegedly handed over in a parked car, outside a restaurant, on October 5, 2017. October 5 and 6 also happened to be the days when the Indians beat the Yankees in the first two games of the American League Division Series. Today, Guerriero no longer believes the bag of cash contained winnings from a sports bet.
Read the rest at the Insider link.
This is a scoop from Josh Kovensky at Talking Points Memo: Albanian Firm Ties Indicted Former FBI Official To Yet Another Disgraced Former Agent.
Indicted former top FBI official Charles McGonigal is a partner in an Albanian firm along with another disgraced former FBI agent, records obtained by TPM show.
An Albanian corporate filing ties McGonigal to Mark Rossini, a flamboyant figure who left the FBI amid scandalous 2008 charges and who currently faces separate bribery-related charges in an August 2022 federal indictment in Puerto Rico.
By Simon Davis
The previously unreported business connection links McGonigal to another former agent with a similar profile: a high-flier at the bureau with experience in counterterrorism and counterintelligence, and one who appears to have engaged in business with an eyebrow-raising array of foreign clients after leaving federal law enforcement.
The nature of the Albanian company — called Lawoffice & Investigation — remains unclear. Why and how McGonigal apparently got involved with the firm, and how he may have met Rossini, are also unknown.
Albanian journalists have published a series of articles since September 2022 highlighting McGonigal’s presence at the company, which they tie to the country’s oil industry.
Prosecutors accused McGonigal this week in separate federal indictments in D.C. and Manhattan of concealing cash he received from a former Albanian intelligence employee totaling $225,000, and of evading sanctions for work he performed for Russian oligarch Oleg Deripaska, a paymaster of former Trump campaign manager Paul Manafort.
But the Albanian corporate document connects McGonigal to the murky world that led Rossini to not just one, but two run-ins with federal law enforcement. Federal prosecutors charged Rossini in August 2022 over his alleged involvement in a bribery scheme involving the former governor of Puerto Rico. That came 14 years after Rossini’s first scandal, which involved actress Linda Fiorentino and notorious Hollywood fixer Anthony Pellicano, and quickly became tabloid fodder.
“It just violates the basic precepts of why you sign up to take these kinds of jobs, or your focus on the mission and serving the U.S. government and the American public,” Javed Ali, a retired FBI senior analyst and former senior counterterrorism director at the National Security Council, told TPM of the allegations. “These are the kind of things that, at a really idealistic level, should be motivating you to do the work. … But what we’re seeing is one of the worst case examples of someone abusing their position and trying to leverage it for a different purpose.”
More at the linnk.
And of course there is news about scam artist and Republican Congressman George Santos, if that is in fact his name. Here’s the latest:
Noah Lanard and David Corn at Mother Jones: We Tried to Call the Top Donors To George Santos’ 2020 Campaign. Many Don’t Seem To Exist.
In September 2020, George Santos’ congressional campaign reported that Victoria and Jonathan Regor had each contributed $2,800—the maximum amount—to his first bid for a House seat. Their listed address was 45 New Mexico Street in Jackson Township, New Jersey.
A search of various databases reveals no one in the United States named Victoria or Jonathan Regor. Moreover, there is nobody by any name living at 45 New Mexico Street in Jackson. That address doesn’t exist. There is a New Mexico Street in Jackson, but the numbers end in the 20s, according to Google Maps and a resident of the street.
Santos’ 2020 campaign finance reports also list a donor named Stephen Berger as a $2,500 donor and said he was a retiree who lived on Brandt Road in Brawley, California. But a spokesperson for William Brandt, a prominent rancher and Republican donor, tells Mother Jones that Brandt has lived at that address for at least 20 years and “neither he or his wife (the only other occupant [at the Brandt Road home]) have made any donations to George Santos. He does not know Stephen Berger nor has Stephen Berger ever lived at…Brandt Road.”
By Isabel Crooke
The Regor and Berger contributions are among more than a dozen major donations to the 2020 Santos campaign for which the name or the address of the donor cannot be confirmed, a Mother Jones investigation found. A separate $2,800 donation was attributed in Santos’ reports filed with the Federal Election Commission to a friend of Santos who says he did not give the money.
Under federal campaign finance law, it is illegal to donate money using a false name or the name of someone else. “It’s called a contribution in the name of another,” says Saurav Ghosh, the director for federal campaign finance reform at the Campaign Legal Center, a nonpartisan watchdog group. “It’s something that is explicitly prohibited under federal law.”
These questionable donations, which account for more than $30,000 of the $338,000 the Santos campaign raised from individual donors in 2020, have not been previously cited in media reports. Mother Jones identified them by contacting (or trying to contact) dozens of the most generous donors to Santos’ 2020 campaign, which he ended up losing by 12 points.
There’s much more at the Mother Jones link.
It looks like Santos may be facing a criminal investigation by the DOJ. The Washington Post: Justice Department asks FEC to stand down as prosecutors probe Santos.
The Justice Department has asked the Federal Election Commission to hold off on any enforcement action against George Santos, the Republican congressman from New York who lied about key aspects of his biography, as prosecutors conduct a parallel criminal probe, according to two people familiar with the request.
The request, which came from the Justice Department’s Public Integrity Section, is the clearest sign to date that federal prosecutors are examining Santos’s campaign finances.
The request also asked that the FEC provide any relevant documents to the Justice Department, according to the knowledgeable people, who spoke on the condition of anonymity because of the matter’s sensitivity.
A Justice Department spokeswoman declined to comment. An FEC spokeswoman said the regulator “cannot comment on enforcement.” Neither Santos nor his attorney responded to requests for comment….
Separately, the Securities and Exchange Commission on Friday interviewed two people about Santos’s role in Harbor City Capital, an investment firm that was forced to shut down in 2021 after the SEC accused it of operating a “classic Ponzi scheme.” SEC interest in those people came after they were quoted Wednesday in The Washington Post describing how Santos solicited an investment in Harbor City at an Italian restaurant in Queens in late 2020….
“Basically they don’t want two sets of investigators tripping over each other,” said David M. Mason, a former FEC commissioner. “And they don’t want anything that the FEC, which is a civil agency, does to potentially complicate their criminal case.”
The request “indicates there’s an active criminal investigation” examining issues that overlap with complaints against Santos before the FEC, said Brett Kappel, a campaign finance lawyer at D.C.-based Harmon, Curran, Spielberg & Eisenberg.
That’s it for me today. What are your thoughts on all this? What other stories have captured your interest?
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Posted: October 4, 2022 | Author: bostonboomer | 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
Good Afternoon!!
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?
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