Lazy Caturday Reads

It’s Caturday!!

Olga Sacharoff Young woman with cat

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:

  • 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.
  • 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.

  • 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

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

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

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

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?


Lazy Caturday Reads

Johann Benjamin Ehrenreich (1733 or 1739–1806

Portrait of his pet cat by Johann Benjamin Ehrenreich (1733 or 1739–1806

Happy Caturday!!

We are living in perilous times. Thanks to Trump’s enabling of U.S. Neo-Nazis, we’re learning that these toxic groups are everywhere–even here in ultra-blue Massachusetts. Back in July, about 100 members of a white supremacist group called Patriot Front marched through downtown Boston in matching outfits, their faces concealed by masks. It was quite a shock to local law enforcement and city leaders.

From The Boston Globe, July 23, 2022: The white-nationalist Patriot Front is getting bigger, and more visible, in New England.

Internal videos released this year by a nonprofit media groupshowed Patriot Front members in action—boxing in the woods in Sutton, spray-painting graffiti in Quincy, draping their banner from a Storrow Drive overpass in Boston, slapping on stickers in Providence’s Waterplace Park.

Despite New England’s reputation as a deeply blue region, those who’ve studied Patriot Front say that its local faction is among the group’s most active nationally, along with Virginia and Texas, where several of its leaders are based. The group, rooted in a notorious far-right rally in Virginia in 2017, is finding a receptive audience for its white supremacist ideology among certain young men — and has targeted colleges for recruitment.

In fact, there have been hundreds of incidents involving Patriot Front members in Massachusetts and Rhode Island this year alone, according to statistics compiled by the Anti-Defamation League. In addition, at least ninePatriot Front members or associates from across the region have faced charges stemming from their work for the group.

“These extremists perceive New England to have favorable racial demographics, which supposedly presents more opportunities to find like-minded people,”said Jeff Tischauser, a senior research analyst with the Southern Poverty Law Center, in an e-mail. “Extremists around the U.S. also take inspiration from New England history before, during, and immediately after the American Revolution.”

The July 2 march in Boston, which caught law enforcement and much of the public by surprise, represented something of a coming out party for the organization in New England, drawing members from all over the country to the city’s streets on a bustling holiday weekend. The noisy march of young white men banging drums and hoisting Patriot Front flags along the city’s storied Freedom Trail made national headlines and drew a sharp rebuke from Mayor Michelle Wu.

So I guess it shouldn’t be that surprising to learn that a police officer in Woburn, Massachusetts is a Neo-Nazi with ties to white supremacist leader Richard Spencer. Somehow John Donnelly was able to keep it a secret until he was smoked out by an anti-fascist group called Ignite the Right. Here’s the beginning of Twitter thread they posted. You can see the rest on Twitter.

Christopher Mathias at HuffPo: He Marched At The Nazi Rally In Charlottesville. Then He Went Back To Being A Cop.

A Massachusetts police officer attended the deadly “Unite the Right” rally in Charlottesville, Virginia, five years ago and acted in key security and planning roles, HuffPost has confirmed. He also used an alias to post racist and antisemitic comments online. The officer, John Donnelly, was still an active-duty member of the police force until Thursday, shortly after HuffPost inquired about his status with the department and role in the deadly white supremacist rally.

Donnelly, 33, was a patrolman for the Woburn Police Department near Boston, where he has been employed since 2015.

But on the morning of Aug. 12, 2017, Donnelly could be seen on video arriving at the Charlottesville rally with Richard Spencer, a prominent white supremacist for whom Donnelly was apparently acting as a security guard. Spencer, Donnelly and a coterie of other suit-and-tie fascists worked their way into a city park where they held court beneath a statue of Confederate Gen. Robert E. Lee, posing for photos and talking into livestreams.

Donnelly was among hundreds of white supremacists who invaded the university town. His fellow attendees violently attacked counterprotesters, with one neo-Nazi driving his car into a crowd of anti-fascists, killing a 32-year-old woman and injuring 19 others. That evening, Donnelly went to a party at a house near Charlottesville, where he joined in a celebration of the day’s events.

Donnelly then returned to Massachusetts and resumed his job as a cop.

His white supremacist activism and involvement in the Charlottesville rally has gone unknown for five years, during which time Donnelly — while still working as a police officer — became the president of a “back the blue” nonprofit raising money for law enforcement, as well as an award-winning real estate agent whose face is featured on a massive billboard in Woburn, a Boston suburb.

But last month, an anti-fascist collective called Ignite the Right provided HuffPost with evidence showing Donnelly attended the Charlottesville rally and connecting him to a series of deeply alarming messages posted online in which he advocated violence against leftists and minority groups.

HuffPo contacted the Chief of Police in Woburn, and Donnelly is now out of a job. Read about how Ignite the Right identified this secret Nazi at the link above.

Still Life with Cat, Mary Fedden, R.A.

Still Life with Cat, Mary Fedden, R.A.

Here’s a follow-up story, also from Christopher Mathias at HuffPo: District Attorney To Review All Cases Handled By Cop Who Planned Charlottesville Nazi Rally.

A Massachusetts prosecutor has promised to review all cases handled by police Officer John Donnelly after a HuffPost report exposed Donnelly’s role in planning the deadly 2017 white supremacist rally in Charlottesville, Virginia.

Middlesex County District Attorney Marina Ryan announced Friday that her office is now “thoroughly reviewing any pending or closed cases” in which Donnelly, a patrolman in Woburn, Massachusetts, was involved.

“We will be issuing a discovering notice disclosing this matter to defense counsel on those cases,” Ryan said in a statement. “That notice has already been added to our publicly available list of officers subject to exculpatory evidence disclosure.” [….]

On Thursday, HuffPost published a report detailing how Donnelly, 33, was among hundreds of white supremacists who descended on Charlottesville in August 2017 for a “Unite the Right” rally, terrorizing the town while chanting slogans such as “Jews will not replace us” and violently attacking counterprotesters….

Donnelly attended the rally as a bodyguard for Richard Spencer, a prominent white supremacist. Leaked chat logs from a neo-Nazi Discord server show Donnelly played an integral part in planning the weekend’s events.

The messages Donnelly posted on Discord show he may have belonged to the white supremacist group Identity Evropa. His messages were also full of racist and antisemitic slurs, and at times they advocated violence against leftists and minorities.

I usually don’t share local stories, but this is likely the tip of the iceberg. There are very likely many more police officers like Donnelly everywhere in the U.S. I suppose they were always there, but Trump has enabled them and given them permission to act out.

In other news, Trump is facing multiple investigations and prosecutors are getting closer to the FPOTUS. Here’s the latest.

The Washington Post: Judge bucks Trump, orders Pence aide to testify to Jan. 6 grand jury.

former top aide to Vice President Mike Pence returned before agrand jury Thursday to testify in a criminal probe of efforts to overturn the 2020 election after federal courts overruled President Donald Trump’s objections to the testimony, according to people familiar with the matter.

In a sealed decision that could clear the way for other top Trump White House officials to answer questions before a grand jury, Chief U.S. District Judge Beryl A. Howell ruled that former Pence chief of staff Marc Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources, one of those people said.

Calico Cat, by Agnes Bodor

Calico Cat, by Agnes Bodor

Trump appealed, but the U.S. Court of Appeals for the District of Columbia Circuit refused to postpone Short’s appearance while the litigation continues, the people said, signaling that attempts by Trump to invoke executive privilege to preserve the confidentiality of presidential decision-making were not likely to prevail….

Grand jury matters are typically secret, but The Washington Post has reported that prosecutors are working with grand jurors and looking extensively at the actions of Trump and his advisers in the period between the November 2020 election and Jan. 6, 2021. Short’s case came to light on Sept. 22 after Trump attorneys M. Evan Corcoran, Timothy C. Parlatore and Rowley were seen at federal court in Washington when there were no publicly scheduled matters, along with a lead Jan. 6 federal prosecutor, Thomas Windom.

According to people familiar with the matter, Short had appeared before a grand jury in downtown Washington in July, but declined to answer certain questions after Flood argued the communications of top White House advisers are protected — and presented written documentation from Trump’s lawyers that they were asserting executive privilege.

The Justice Department asked the court to intervene, urging Howell to override Trump’s claim and to compel Short to answer questions about his communications with Trump, one person said. After arguments Sept. 22, Howell granted the government’s motion, the people said, but because the investigation and an appeal are ongoing, it is unclear if or when a redacted opinion will become public.

How long before Pence himself has to testify?

Julia Ainsley and Ali Vitali at NBC News: Congress asks Secret Service for an account of all contacts between agency, Oath Keepers up to and on Jan. 6, 2021.

The House Committee investigating the Jan. 6, 2021, Capitol insurrection has asked the Secret Service for records of all communications between the far-right Oath Keepers group and Secret Service agents prior to and on the day of the attack, after a preliminary accounting by the agency indicated multiple contacts in 2020, according to a Secret Service spokesman.

The spokesman said the Congressional request follows a short telephonic briefing from the Secret Service to committee staff, in which the agency said an agent from its protective intelligence division had “numerous” contacts with Oath Keepers leader Stewart Rhodes and other group members prior to Trump rallies in fall 2020, but that they were all part of common practice to inform the group of security protocols to follow.

That initial briefing was prompted by federal trial testimony in which the ex-leader of the North Carolina Oath Keepers said Rhodes was in contact with a member of the Secret Service around the time of a September 2020 rally….

cat-on-fence-1956, Alex Colville

Cat on a fence, 1956, by Alex Colville

The Secret Service found that multiple members of the organization, not just Rhodes, spoke to an agent in the protective intelligence division ahead of Trump rallies, the most recent conversation coming before a Dec. 12, 2020, rally, Guglielmi said.

Guglielmi also said the initial search showed the communications were part of common practices that allow agents to tell protesters where they can and cannot be during an event and what items they are prohibited from bringing.

“They reached out concerning logistics about demonstration areas and rules for attending presidential events. This is common activity between organized groups and advance agents,” said Guglielmi.

Two Secret Service officials told NBC News once the Oath Keepers had the phone number of the member of the agency’s protective intelligence detail, they made numerous calls directly to that agent.

Maybe it was routine, maybe not. I’m taking everything the Secret Service says with a grain of salt.

Charlie Savage at The New York Times: U.S. Asks Court to End Special Master Review of Files Seized From Trump.

In a 53-page brief for the U.S. Court of Appeals for the 11th Circuit, in Atlanta, the Justice Department broadly challenged the legal legitimacy of orders last month by Judge Aileen M. Cannon, who blocked investigators from using the materials and appointed an independent arbiter to sift them for any that are potentially privileged or Mr. Trump’s personal property.

The Justice Department already succeeded in persuading a panel of the Atlanta-based court to exempt about 100 documents marked classified from Judge Cannon’s move — a decision the Supreme Court declined to overturn this week. In its new filing, the Justice Department asked the appeals court to reverse her order for the remaining 11,000 or so records.

“This court has already granted the government’s motion to stay that unprecedented order insofar as it relates to the documents bearing classification markings,” the filing said. “The court should now reverse the order in its entirety for multiple independent reasons.” [….]

The Trump legal team is due to file a brief in November. The date of any oral arguments has not yet been announced, but the appeals court has granted a Justice Department request that it expedite consideration of the case. It may rule on the appeal before Judge Cannon receives the special master’s report and rules on any contested documents.

The dispute is the opening round in the main part of the Justice Department’s appeal of the orders by Judge Cannon as part of a lawsuit Mr. Trump filed after the F.B.I. carried out a court-ordered search of his Florida club and residence, Mar-a-Lago, in August.

The Wall Street Journal: FBI Seeks Additional Information From Two Trump Aides About Mar-a-Lago Records.

Federal investigators contacted at least two aides to former President Donald Trump months before the FBI searched his Mar-a-Lago resort and have sought to talk to them again in recent weeks, people familiar with the matter said, as the Justice Department examines possible obstruction of its efforts to retrieve hundreds of government and classified documents.

Dream of a Cat - Norbertine Bresslern-Roth,1977

Dream of a Cat, by Norbertine Bresslern-Roth,1977

The aides, Walt Nauta and Will Russell, are witnesses in the Justice Department’s investigation into the handling of presidential and classified records taken from the White House but aren’t formally cooperating with the probe, the people said. Mr. Russell hasn’t personally spoken to investigators, who are communicating directly with his counsel.

Mr. Nauta, a former military valet who went to work at Mar-a-Lago after Mr. Trump left the White House, was seen on surveillance footage moving boxes from a storage room before and after investigators issued a subpoena in May seeking the documents’ return, the people said. Mr. Nauta told investigators that he did so at Mr. Trump’s request, one of the people said.

The federal interest in Mr. Russell hasn’t been previously reported. He served in the Trump White House, including as a coordinator of presidential travel, and went on to work for the former president in Florida after he left office. Mr. Russell had previously been subpoenaed in connection with the Justice Department’s investigation of the Jan. 6, 2021, riot at the U.S. Capitol. The FBI’s questioning of Mr. Nauta was earlier reported by the New York Times….

The Wall Street Journal previously reported that the extraordinary Aug. 8 search came after at least one person familiar with the stored papers told investigators there were more sensitive documents at Mar-a-Lago beyond what they had received in June through a grand jury subpoena.

Those two had better watch their backs. Now that their names are out there they’ll likely be dealing with death threats from the Trump cult.

More stories to check out:

The Washington Post: Jan. 6 video undermines Trump’s repeated efforts to blame Pelosi for Capitol security.

Op-Ed by Norman Eisen, Danielle Brian and The Jan. 6 Hearings Are Over. These 3 Things Must Happen Now.

Tom Nichols at The Atlantic: Donald Trump Tried to Destroy the Constitution. What will it take for millions of Americans to care?

The Daily Beast: Creepy Message Shows Oath Keepers’ Bloodlust for Mike Pence.

Raw Story: Former US attorney singles out the ‘criminal act’ that will lead Merrick Garland to indict Trump.

That’s all I have for today. What stories are you following?


Tuesday Reads

Mr Toad in The Wind in the Willows Inga Moore

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__the_tolkien_estate_limited_1937

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

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-doctor-dolittle, illustrated by Angel Dominguezr

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

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?


Tuesday Reads

Sunshine,, by Mary Gibbs

Sunshine, by Mary Gibbs

Good Morning!!

Many of you know that I was born in North Dakota and have a long family history there as well as in Minnesota. We moved away when I was a child; but both sets of grandparents were still there, so we often went back to visit. I’m the eldest child in my family, and my other siblings don’t remember much, if anything, about North Dakota, or even about our paternal grandparents. My mother’s parents eventually moved to Indiana.

I’ve heard stories about North Dakota from my parents all my life and I guess for that reason, I still have an emotional attachment to the place. I took two trips up there with my parents, and we found the places my parents were born and grew up–my Dad in Fargo and my Mom in Hope and Lisbon. we also visited the North Dakota State campus in Fargo, where my parents met in a political science class, and Grand Forks, where my Dad got his masters degree at the University of North Dakota. We also explored the Theodore Roosevelt National Park and visited several historical sites. 

It might sound strange, but when we were there, I had a real sense of belonging, a feeling that “This is where I came from.” Now my Dad is gone and my Mom has lost most of her memories–at least she can’t talk about them anymore. My Mom used to tell me that I was the only one who could carry on those memories for them.

Do I sound nuts? I don’t know. What triggered this reverie was an article in Smithsonian Magazine: See the Incredible Sunflower Superbloom in North Dakota.

North Dakota is one of the nation’s top sunflower-producing states, using the cheery yellow flowers for everything from bird seed mixes to cooking oils.

But before North Dakota’s many hardworking farmers start to harvest this tasty crop, the state comes alive with the golden hue of thousands upon thousands of sunflowers, all blooming together at the same time.

Known as a “superbloom,” the jaw-dropping phenomenon occurs every year toward the end of summer. Spring planting was delayed this year in North Dakota and other northern states because of cold, wet weather—but that also means that sunflowers in some parts of the state are still blooming.

Right now, many of the state’s sunflower fields are in peak bloom, with nearly all flowers showing off their delicate yellow petals. As such, the state has earned a reputation as “the best place in the United States to experience the vast sunflower blooms,” says Sara Otte Coleman, North Dakota’s tourism director, in a statement.

I found this interesting:

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Blooming Sunflowers, Boris Eremin, Ukrainian artist

Ukrainian immigrants first began planting sunflowers when they moved to North Dakota in the late 19th and early 20th centuries following the passage of the Homestead Act of 1862. Sunflowers are still an important plant for Ukrainians, both symbolically and economically. Before the Russian invasion of Ukraine in February, Ukraine was the largest exporter of sunflower oil in the world, though the war has largely halted production, per the New York Times’ Christine Hauser.

As well as this scientific fact:

When they’re young, sunflowers turn their heads toward the sun as it moves in the sky, a behavior known as heliotropism. But as they mature and start to produce seeds, they mostly point east, which scientists have learned helps the plants attract bees and ultimately reproduce.

Quite a few artists have painted sunflowers, and I’ve illustrated this post with some of those works.

 

On to today’s news…

Trump is melting down on his imitation twitter. So far, he has posted 60 times on Truth Social, including highlighting garbage from Q-anon and 4-chan.

Jake Epstein and Nicole Gaudiano at Insider: Trump posts dozens of memes attacking Biden, the FBI, and others as the former president’s allies beg him to keep quiet.

In the weeks since the FBI’s unprecedented search of Donald Trump’s Mar-a-Lago estate, the former president’s allies have pleaded with him to stop publicly commenting on the raid and fight the Justice Department’s investigation in the courts.

Trump isn’t listening.

On Tuesday morning alone, Trump has taken to his Truth Social platform over four dozen times to share memes and posts attacking his political enemies. Some posts are memes attacking President Joe Biden or other Democrats, while others are baseless election fraud claims or attempts to delegitimize the FBI. 

One post in particular from Tuesday morning shows a photo of Trump with the false caption, “TRUMP WON,” in reference to the 2020 presidential election. The former president then reposted the photo and wrote that the “FBI has advanced this fact even further.” 

Another post included a photo with a caption that read: “81 million votes… and I’ve never seen a pro Biden hat, shirt or flag in my life.” Trump reposted the photo and said, “It is rather amazing, isn’t it?”

Trump earlier demanded in an all-caps filled message that he be reinstated as the “rightful winner” of the presidency or that a new election for president be held “immediately” — a request with no basis in constitutional law. 

If only there were some way to speed up the investigation and take this man off the streets.

Please, let him go to jail. . . please.

Republicans are getting nervous about what Trump’s insane behavior will mean for them in the upcoming midterm elections. Politico: ‘There’s enormous frustration’: Trump forces Republicans off-script… again.

The investigation into Donald Trump’s handling of classified national security records is forcing Republicans into a strained defense during a pre-midterm sprint in which they’d much rather be talking about Joe Biden.

After having decried the FBI’s search of the ex-president’s home, many Trump defenders went silent uponthe release on Friday of the probable-cause affidavit that revealed the extent of Trump’s efforts to hold onto the top-secret documents. GOP worries about the developments of the case and Trump announcing a 2024 run before November are giving way to a subtle, broader warning about putting the former president too much on the ballot this fall.

“Republicans should focus on defeating Democrats, and every Democrat should have the word Biden in front of their name,” said Trump ally and former Republican Speaker Newt Gingrich. “The Republican focus should be to win the election in November. Trump will do a fine job defending himself. He’ll be fine.”

4-sunflowers-claude-monet

Sunflowers, by Claude Monet

Some top Republicans acknowledge the growing angst and concern, as it’s become clearer that Trump may have been warehousing some of America’s most sensitive secrets in an unsecured basement — and even refused to turn them over when the National Archives and Justice Department tried to recover them. One top Republican fundraiser asked to describe the mood among donors, said, “There is enormous frustration.”

“The question is, is there willingness to express that frustration,” the fundraiser added. “I don’t know the answer to that. But there is real frustration, and with the exception of people who are too stupid to understand the need to be frustrated, it is nearly universal.”

Strained defenses and private frustrations are familiar emotions for some Republicans during the Trump era. But the stakes are particularly high this fall, with projections of a red wave in the House getting dimmed to a smaller GOP majority and as Sen. Chuck Schumer appears potentially poised to remain in control of the Senate.

Republican hopes for winning back the Senate are looking worse all the time. Sahil Kapur at NBC News: Here are the signs Republicans’ hopes for a ‘red wave’ are receding ahead of the 2022 elections.

Last fall, Republicans held high hopes of a “red wave” in the 2022 elections after they stormed to power in blue-leaning Virginia and nearly won the governor’s race in New Jersey. While Democrats were demotivated, the GOP base was on fire.

But in recent weeks, numerous data points have indicated Republican prospects of a smashing victory are dimming. While the president’s party tends to perform poorly in midterm elections, there are signs it is shaping up to be an unusual year, potentially enabling Democrats to hold one or both chambers of Congress.

Some of the bad signs for the GOP:

  • A Democratic victory in a bellwether election. The starkest sign of a shifting landscape came last week in the Hudson Valley, a highly competitive district north of New York City that has mirrored the national landscape for years. It voted for Joe Biden in 2020, Trump in 2016 and Barack Obama in 2012. In a red wave climate, Democrats would have no business winning the special House election. Yet Democrat Pat Ryan defeated Republican Marc Molinaro in a test of each party’s preferred message. Ryan ran on protecting abortion rights, combating gun violence and battling corporate greed, while Molinaro sought to make the election a referendum on Biden, inflation and “one-party” rule in Washington.
  • Persuadable voters are trending toward Democrats. The latest NBC News poll, conducted this month, included an unusual finding for midterm elections: Persuadable voters in the midterm election are tilting toward Democrats, the party in power. This group accounts for about 25% of respondents, who float between the parties and tend to be male, moderate, independent and exurban. They preferred Republicans by 6 points in the combined NBC News polls of January, March and May. But in the August poll, they leaned toward Democrats by 3 points.
  • The GOP’s “enthusiasm” edge is shrinking. In March, the NBC News poll found that Republicans held a 17-point “enthusiasm” advantage over Democrats — that is, their voters were more likely to express high interest in voting this fall. In the August poll, the GOP advantage fell to 2 points.
  • Mitch McConnell is downplaying expectations in the Senate. McConnell, the Republican leader, isn’t sounding too bullish about his prospects to capture control of the Senate, having predicted just two weeks ago, “There’s probably a greater likelihood the House flips than the Senate.” That may be a product of the shifting environment, along with a phenomenon McConnell described as “candidate quality.” A series of first-time Republican contenders are struggling in competitive races against seasoned Democratic politicians. Recruitment failures in states like New Hampshire and Arizona have led GOP governors to decline to run.

Read the rest of the bad omens at the NBC link.

the-sunflower-1907, Gustav Klimt

The Sunflower, by Gustav Klimt, 1907

Today is the day the DOJ is supposed to file it’s response to the Trump request for a Special Master to review the government documents that the FBI recovered in its search of Mar-a-Lago. Yesterday the judge agreed the DOJ response could be 40 pages long. It looks like Merrick Garland is planning to spell out in detail what Trump is suspected of doing.

Tierney Sneed and Paul LeBlanc at CNN: DOJ to file lengthy response to Trump’s request for a special master to oversee Mar-a-Lago search review.

The Justice Department on Tuesday will file publicly in court its response to former President Donald Trump’s bid for a special master to oversee the FBI’s review of materials seized in the Mar-a-Lago search.

The agency was granted permission by Judge Aileen Cannon of the Southern District of Florida to file up to 40 pages after it said the 20-page limit set by the local rules of the court wasn’t sufficient to “adequately address the legal and factual issues raised by” Trump’s filings.

Cannon, a Trump appointee, did not set a specific deadline for the Justice Department’s filing beyond requesting it “on or before” Tuesday. The judge also ordered the agency to file under seal more details about what it seized from Trump’s resort, and a notice laying out the status of its review of the materials.

Trump must file his reply to the Justice Department by 8 p.m. ET Wednesday night, per Cannon’s order, and the judge has scheduled a hearing for Thursday to consider Trump’s request for a special master — a third-party attorney appointed by a court to oversee part of a certain case. Notably, Cannon has already signaled a “preliminary intent” to grant Trump’s request, which could bring new complications to the DOJ’s closely watched investigation.

Yesterday the DOJ said it has already reviewed the documents.

The Justice Department, meanwhile, has already signaled that it is using an internal filter team to review the seized items and separate material that could be subject to privilege claims.

In a court filing Monday, the agency said it has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege and is in the process of addressing privilege disputes.

Meanwhile, Trump has hired a new attorney who may be more competent than that ones currently representing him. Marc Caputo at NBC News: Trump hires former Florida solicitor general in criminal probe of Mar-a-Lago documents.

Chris Kise, Florida’s former solicitor general who served on Gov. Ron DeSantis’ transition team, inked a contract to represent Donald Trump in the criminal case that resulted in the FBI search of the former president’s home in Mar-a-Lago, according to two sources with knowledge of the discussions.

twelve-sunflowers-in-a-vase-Vincent Van Gogh

Twelve sunflowers in a vase, by Vincent Van Gogh

Kise, who declined to comment, began negotiations with Trump shortly after the FBI’s search of his Palm Beach estate Aug. 8. Numerous other criminal defense attorneys have said they couldn’t represent the former president in the Southern District of Florida, citing the all-consuming job of representing Trump or his reputation as a penny-pinching problematic client with a history of having rival advisers who backstab one another, according to five people with knowledge of the legal effort.

Other attorneys declined because their firms wanted to avoid the political blowback of representing such a divisive figure, according to those in Trump’s orbit who say thatKise is considering leaving the firm of Foley & Lardner — where he had briefly represented Venezuela’s government two years ago when hostilities with the United States ran high — to take the job.

Kise has won four cases before the U.S. Supreme Court and numerous ones before the Florida Supreme Court, and he also has a reputation as a skilled political knife fighter. In the waning days of the 2018 governor’s race, Kise widely publicized damaging information about Democrat Andrew Gillum secretly accepting free tickets to the Broadway show “Hamilton” from undercover FBI agents, in contravention of Florida’s ethics laws. Gillum, who denied wrongdoing, went on to narrowly lose to DeSantis and was indicted earlier this year following the FBI investigation.

Read the rest at the link.

We’ll have to wait until Thursday for the hearing in Judge Cannon’s court to learn more about how the investigation of Trump’s theft of highly classified government documents is going. Personally, I can’t wait!

What’s on your mind today? Please feel free to discuss any topic you wish in the comment thread below.


Lazy Caturday Reads: What A Week!

Happy Caturday!!

What a week this has been!

Norman-Catwell by Lucia Heffernan

Norman Catwell, by Lucia Heffernan

On Monday, the FBI executed a search of Trump’s Mar-a-Lago resort, and took 27 boxes that contained above top secret documents. Trump’s Republican allies viciously attacked the FBI and DOJ.

Predictably, on Thursday one of Trump’s fans entered an FBI office in Cincinnati, fired a nail gun, and pulled out an AR-15 style rifle. He then fled and was eventually shot and killed during a standoff in a cornfield.

While the standoff was in progress, Attorney General Merrick Garland made a public statement about the Mar-a-Lago search. He said that he had personally signed of on the search warrant, which was then approved by a federal magistrate judge in Florida based on probable cause that a crime had been committed. He also said he was requesting the release of the search warrant and the list of items taken in the search as long as Trump did not object.

On Friday Trump released the warrant and receipt for items taken to Breitbart, Fox News, and the Wall Street Journal about an hour before the court approved the public release. Trump did not hide the names of the agents listed in the warrant. Breitbart published the names, opening the agents to terroristic threats and violence from Trump fans. They were also threatening the judge.

Finally, we learned that the 45th president of the united states is being investigated for violating the espionage act as well as obstruction of justice. Read the full warrant and receipt at The Daily Beast. You can also read a timeline of events over many months that led up to the Mar-a-Lago search at USA Today.

While all this was happening, Democrats in the Senate and House passed Biden’s massive inflation reduction/health care/climate change bill.

Finally, yesterday afternoon, author Salmon Rushdie was attacked and badly injured at an event in upstate New York.

The latest on the Trump espionage investigation:

The Washington Post: Agents at Trump’s Mar-a-Lago seized 11 sets of classified documents, court filing shows.

The FBI search of former president Donald Trump’s Florida home earlier this week found four sets of top-secret documents and seven other sets of classified information, according to a list of items seized in the high-profile raid and unsealed by a federal magistrate judge on Friday.

Rudi Hurzlmeier

Cat art by Rudi Hurzlmeier

The written inventory — a document provided by investigators after a search — says the FBI took about 20 boxes of items from the Mar-a-Lago Club on Monday, including photo binders, information about the president of France, and a variety of classified material.

One set of documents is listed as “Various classified TS/SCI documents,” areference to top secret/sensitive compartmented information, a highly classified category of government secrets, in addition to the four sets of top-secret papers. Agents also took three sets of documents classified as secret, and three sets of papers classified as confidential — the lowest level of classification.

The list of seized material doesn’t further describe the subject matter of any of the classified documents.

“Some of what was in Trump’s possession is mind-boggling,” said Javed Ali, a senior official at the National Security Council during the Trump administration who now teaches at the University of Michigan. “Whenever you leave government — including probably a former president — you can’t just take it with you.”

More details from CNN: FBI took 11 sets of classified material from Trump’s Mar-a-Lago home while investigating possible Espionage Act violations.

The search warrant identifies three federal crimes that the Justice Department is looking at as part of its investigation: violations of the Espionage Act, obstruction of justice and criminal handling of government records. The inclusion of the crimes indicates the Justice Department has probable cause to investigate those offenses as it was gathering evidence in the search. No one has been charged with a crime at this time….

While details about the documents themselves remain scarce, the laws cited in the warrant offer new insight into what the FBI was looking for when it searched Trump’s home, an unprecedented step that has prompted a firestorm of criticism from the former President’s closest allies.

Kim Haskins, psychedelic cat painting

Kim Haskins, psychedelic cat painting

The laws cover “destroying or concealing documents to obstruct government investigations” and the unlawful removal of government records, according to the search warrant released Friday.

Also among the laws listed is one known as the Espionage Act, which relates to the “retrieval, storage, or transmission of national defense information or classified material.”

All three criminal laws cited in the warrant are from Title 18 of the United States Code. None of them solely hinge on whether information was deemed to be unclassified.

That last fact–that the items don’t have to be classified in order for a crime to have been committed–is going to short-circuit the excuses that Trump and his allies have been putting forward.

Here’s the claim from the Trump camp as reported by Lawrence O’Donnell on MSNBC last night.

Insider: Trump’s latest defense for Mar-a-Lago documents is everyone ‘brings home their work from time to time’ and the files were automatically declassified.

Former President Donald Trump said that everyone takes work home sometimes, as he sought to develop a new line to explain why top secret government documents were stored at his Mar-a-Lago residence in Florida.

“As we can all relate to, everyone ends up having to bring home their work from time to time. American presidents are no different,” said the statement from Trump’s office on Friday night read out on Fox News.

Trump further claimed that he had a “standing order” to declassify documents “the moment” they left the Oval Office.

“President Trump, in order to prepare for work the next day, often took documents, including classified documents, from the Oval Office to the residence. He had a standing order that documents removed from the Oval Office and taken into the residence were deemed to be declassified the moment he removed them,” the statement said.

Hahahahahahaha!!!

This new defense – portraying Trump as just another hard-working American – contradicts previous statements by Trump and his lawyers that baselessly claimed the FBI could have planted evidence while on site.

By Sofia Struk

Cat art by Sofia Struk

While the president has the authority to declassify documents, legal experts say they must follow a defined procedure. It is not clear if Trump ever did.

“He can’t just wave a wand and say it’s declassified,” Richard Immerman, a historian and an assistant deputy director of national intelligence in the Obama administration, told NBC News. “There has to be a formal process. That’s the only way the system can work.”

Immerman noted that declassified documents are marked with the date they were declassified. It is not the case with some of the documents returned from Mar-a-Lago to the National Archives this year, per NBC.

When reports of classified documents at Mar-a-Lago emerged in May, former Trump administration official Kash Patel claimed that Trump had declassified the files shortly before leaving office but that the classified markings had not been removed.

But none of this matters, because the espionage act charges do not hinge on whether documents are classified or not.

The Inflation reduction/health care/climate bill

The New York Times: A Detailed Picture of What’s in the Democrats’ Climate and Health Bill.

Democrats in Congress have had to scale back their legislative ambitions since last year, but the Inflation Reduction Act, passed by the House on Friday and sent to President Joseph R. Biden Jr. for his signature, is still a substantial piece of legislation, which will make big investments in the environment and health care, and increase taxes on some key groups.

The bill includes policies lowering the prices of prescription drugs; increasing the generosity of Medicare benefits; and encouraging the development of renewable energy and reducing the impact of climate change.

It would also raise taxes on some corporations and bolster the ability of the Internal Revenue Service to crack down on wealthy tax evaders. It would lower the federal deficit, though modestly.

The bill includes last-minute changes requested by Senator Kyrsten Sinema, Democrat of Arizona, the final holdout among her party’s 50 senators. Democratic leaders agreed to remove a tax on some wealthy hedge fund managers and private equity executives, and to include $4 billion in drought funding for her state.

Head over to the NYT link to see charts and a detailed list of everything in the bill.

A shocking attack on famed novelist Salmon Rushdie

The Washington Post: Salman Rushdie hospitalized after attack onstage in New York state.

Salman Rushdie, the renowned novelist whose work made him the subject of death threats, was attacked at an event in Chautauqua, N.Y., on Friday by a man who stormed the stage and stabbed the writer in the neck and abdomen, police said.

Rudi Hurzlmeier2

By Rudi Hurzlmeier

Rushdie was taken by helicopter to a hospital. His agent, Andrew Wylie, told the Associated Press that the writer was on a ventilator, with damage to his liver and nerves in an arm. He also said Rushdie will likely lose an eye.

Police identified Hadi Matar, 24, of New Jersey as the suspect in the attack. They have not yet determined a motive, Maj. Eugene Staniszewski of the New York State Police said, and are working with the local district attorney to decide which criminal charges will be filed. The FBI is also involved in the investigation.

In an instant Friday morning, a literary event in a lakeside town in western New York was transformed into a scene of potentially deadly violence, drawing gasps from the audience gathered in an open-air amphitheater.

Read more at the WaPo.

NewYork4: Who Is Hadi Matar? NJ Man Suspected in Salman Rushdie Attack Had Shia Extremist Sympathies.

Police are learning more information about the suspect who allegedly stormed onto a New York stage and stabbed author Salman Rushdie in the neck on Friday.

The suspect, 24-year-old Hadi Matar, was born in California, but recently moved to New Jersey, according to law enforcement sources familiar with the investigation. His last listed address was in Fairview, a Bergen County borough just across the Hudson River from Manhattan. FBI officials were seen going into the home of Matar Friday evening.

Sources said that Matar also had a fake New Jersey driver’s license on him.

State Police Maj. Eugene Staniszewski said the motive for the stabbing was unclear. A preliminary law enforcement review of Matar’s social media accounts shows he is sympathetic to Shia extremism and Islamic Revolutionary Guard Corps causes, a law enforcement person with direct knowledge of the investigation told NBC News. There are no definitive links to the IRGC but the initial assessment indicates he is sympathetic to the Iranian government group, the official says.

A bit more from ABC News: Suspect charged with attempted murder in on-stage attack of author Salman Rushdie.

Law enforcement officials briefed on the investigation told ABC News that “a preliminary investigation into the suspected perpetrator’s probable social media presence indicates a likely adherence or sympathy towards Shi’a extremism and sympathies to the Iranian regime/Islamic Revolutionary Guard Corps.”

The officials say investigators found photos on Matar’s phone of Iranian Maj. Gen. Qasem Soleimani and Abu Mahdi al-Muhandis, the leader of Iraq’s pro-Iranian militia movement, who were killed by U.S. forces in a drone strike in Baghdad on Jan. 3, 2020.

Police believe the suspect acted alone and were in the process Friday of obtaining search warrants for items including electronics and a backpack found at the scene that they believe belong to the suspect, Staniszewski said.

The FBI is also assisting with the investigation, he said.

The suspect had a pass to access the event, officials said.

It’s been an unbelievable news week, and I expect we’ll be learning more about these three big stories over the weekend. What are your thoughts? What other stories are you following?