Thursday Reads

Good Morning!!

Everyone is talking about the shocking story about Clarence Thomas published early this morning at ProPublica. We knew that Thomas was corrupt, but the scale of the corruption revealed by authors Joshua Kaplan, Justin Elliott, and Alex Mierjeski is beyond mind-boggling. And they provide plenty of photos of Thomas enjoying luxury accommodations alongside the wealthy and powerful. Thomas never reported any of these gifts.

From the article:

IN LATE JUNE 2019, right after the U.S. Supreme Court released its final opinion of the term, Justice Clarence Thomas boarded a large private jet headed to Indonesia. He and his wife were going on vacation: nine days of island-hopping in a volcanic archipelago on a superyacht staffed by a coterie of attendants and a private chef.

If Thomas had chartered the plane and the 162-foot yacht himself, the total cost of the trip could have exceeded $500,000. Fortunately for him, that wasn’t necessary: He was on vacation with real estate magnate and Republican megadonor Harlan Crow, who owned the jet — and the yacht, too.

For more than two decades, Thomas has accepted luxury trips virtually every year from the Dallas businessman without disclosing them, documents and interviews show. A public servant who has a salary of $285,000, he has vacationed on Crow’s superyacht around the globe. He flies on Crow’s Bombardier Global 5000 jet. He has gone with Crow to the Bohemian Grove, the exclusive California all-male retreat, and to Crow’s sprawling ranch in East Texas. And Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks.

The extent and frequency of Crow’s apparent gifts to Thomas have no known precedent in the modern history of the U.S. Supreme Court.

These trips appeared nowhere on Thomas’ financial disclosures. His failure to report the flights appears to violate a law passed after Watergate that requires justices, judges, members of Congress and federal officials to disclose most gifts, two ethics law experts said. He also should have disclosed his trips on the yacht, these experts said.

Get this: Thomas even went with Crow to the legendary Bohemian Grove.

More from the ProPublica article:

In a statement, Crow acknowledged that he’d extended “hospitality” to the Thomases “over the years,” but said that Thomas never asked for any of it and it was “no different from the hospitality we have extended to our many other dear friends.”

Through his largesse, Crow has gained a unique form of access, spending days in private with one of the most powerful people in the country. By accepting the trips, Thomas has broken long-standing norms for judges’ conduct, ethics experts and four current or retired federal judges said.

“It’s incomprehensible to me that someone would do this,” said Nancy Gertner, a retired federal judge appointed by President Bill Clinton. When she was on the bench, Gertner said, she was so cautious about appearances that she wouldn’t mention her title when making dinner reservations: “It was a question of not wanting to use the office for anything other than what it was intended.”

Virginia Canter, a former government ethics lawyer who served in administrations of both parties, said Thomas “seems to have completely disregarded his higher ethical obligations.”

“When a justice’s lifestyle is being subsidized by the rich and famous, it absolutely corrodes public trust,” said Canter, now at the watchdog group CREW. “Quite frankly, it makes my heart sink.”

ProPublica uncovered the details of Thomas’ travel by drawing from flight records, internal documents distributed to Crow’s employees and interviews with dozens of people ranging from his superyacht’s staff to members of the secretive Bohemian Club to an Indonesian scuba diving instructor.

I haven’t finished reading the article yet, but I definitely will go back to it today.

This is from John Wagner at The Washington Post: Justice Thomas accepted luxury travel for years from GOP donor, report says.

Federal law mandates that top officials from the three branches of government, including the Supreme Court, file annual forms detailing their finances, outside income and spouses’ sources of income, with each branch determining its own reporting standards.

Judges are prohibited from accepting gifts from anyone with business before the court. Until recently, however, the judicial branch had not clearly defined an exemption for gifts considered “personal hospitality.”

Revised rules adopted by a committee of the Judicial Conference, the courts’ policymaking body, seek to provide a fuller accounting. The rules took effect March 14.

Gifts such as an overnight stay at a personal vacation home owned by a friend remain exempt from reporting requirements. But the revised rules require disclosure when judges are treated to stays at commercial properties, such as hotels, ski resorts or corporate hunting lodges. The changes also clarify that judges must report travel by private jet….

While the wide scope of Crow’s funding of Thomas’s travel has not been previously reported, the largesse of the billionaire donor directed at the justice has provoked controversy previously.

In 2011, the New York Times reported that Crow had done many favors for Thomas and his wife, notably financing the multimillion-dollar purchase and restoration of a cannery in Pin Point, Ga., that was a pet project of the justice.

The Times also reported that Crow helped finance a Savannah, Ga., library project dedicated to Thomas, presented him with a Bible that belonged to Frederick Douglass and reportedly provided $500,000 for Ginni Thomas to start a tea-party-related group.

Thomas, who joined the court in 1991, has drawn scrutiny on other ethical issues in recent years, several related to the political activism of his wife. She has been allied with numerous people and groups that have interests before the court, and she has dedicated herself to right-wing causes involving some of the most polarizing issues in the country.

In other news, reporters and legal experts are busy critiquing Manhattan District Attorney Alvin Bragg’s case against Donald Trump. Here’s one of the worst:

Shugerman writes: The Trump Indictment Is a Legal Embarrassment.

Tuesday was historic for the rule of law in America, but not in the way Alvin Bragg, the Manhattan district attorney, would have imagined. The 34-count indictment — which more accurately could be described as 34 half-indictments — was a disaster. It was a setback for the rule of law and established a dangerous precedent for prosecutors.

This legal embarrassment reveals new layers of Trumpian damage to the legal foundations of the United States: Mr. Trump’s opponents react to his provocations and norms violations by escalating and accelerating the erosion of legal norms.

The case appears so weak on its legal and jurisdictional basis that a state judge might dismiss the case and mitigate that damage. More likely, the case is headed to federal court for a year, where it could lose on the grounds of federal pre-emption — only federal courts have jurisdiction over campaign finance and filing requirements. Even if it survives a challenge that could reach the Supreme Court, a trial would most likely not start until at least mid-2024, possibly even after the 2024 election.

Instead of the rule of law, it would be the rule of the circus.

Let’s start with the obvious problem that the payments at issue were made around six years ago. The basic facts have been public for five years. There are undoubtedly complicated political reasons for the delay, but regardless, Mr. Bragg’s predecessor, Cyrus Vance Jr., had almost a year to bring this case after Mr. Trump left office, but did not do so, and Attorney General Merrick Garland’s Justice Department also declined. To address the perception of a reversal and questions of legitimacy, Mr. Bragg had a duty to explain more about the case and its legal basis in what’s known as a “speaking indictment,” which the team of former counsel Robert Mueller made famous in its filings.

Legal experts have been speculating about the core criminal allegation in this case, because the expected charge for “falsifying business records” becomes a felony only “when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

Astonishingly, the district attorney’s filings do not make clear the core crime that would turn a filing misdemeanor into a felony. Neither the 16-page indictment nor the accompanying statement of facts specifies, though the statement of facts does drop hints about campaign laws. In a news conference, Mr. Bragg answered that he did not specify because he was not required to by law. His answer was oblivious to how law requires more than doing the minimum to the letter — it demands fairness, notice and taking public legitimacy seriously. 

Phew! Now that’s a smackdown! 

Here’s different point of view from high profile attorney Harry Litman:

From the Los Angeles Times: Column: Don’t underestimate the strengths of Alvin Bragg’s case against Donald Trump.

Manhattan Dist. Atty. Alvin Bragg’s indictment of former President Trump takes an open-ended approach to the charges that some critics of the unprecedented prosecution see as a weakness. What the detractors have overlooked are the substantial and unanticipated legal and factual strengths in the case Bragg outlined.

A key question in advance of Tuesday’s unsealing of the indictment concerned how Bragg would augment the easily proven misdemeanor charges of falsifying business records. Under New York law, those offenses become felonies only if they’re in furtherance of another crime. Many theories were circulating as to what second crime Bragg would allege, and most of the possibilities had noteworthy shortcomings.

Bragg’s answer was essentially “I’ll tell you later.” He took advantage of the wording of the state law, which requires only that the misdemeanor be done in service of “a crime,” to buy himself maximum time and flexibility.

Bragg may have to pick his crime down the line, perhaps in answer to an expected defense motion for a “bill of particulars” — that is, a fleshing out of the Delphic indictment to enable Trump’s team to prepare an appropriate defense.

On the other hand, the prosecutor may not have to specify a second crime. The jury instructions on falsification of business records say it’s a felony if the defendant acted “with intent to defraud that included an intent to commit another crime or to aid or conceal the commission thereof.” It’s therefore not clear that they require the jury even to agree on what the augmenting crime is.

But Bragg this week also added a potent possible second crime beyond what many observers expected. It emerges from the fact that in making his lawyer Michael Cohen “whole” for the hush money he paid to Stormy Daniels, Trump included enough to compensate Cohen for the taxes he would have to pay on the “income” — that is, on the phony legal retainer that camouflaged the hush money.

It’s not clear whether Cohen in fact declared and paid taxes on the reimbursement or whether the Trump Organization declared it as a business expense. The Bragg team’s insight is that it doesn’t matter: The language that elevates business record falsification to a felony only requires “an intent to commit another crime or to aid or conceal the commission thereof.”

That purposely encompasses what lawyers call “inchoate” crimes. The law would plainly be satisfied by the inclusion of money intended to commit or conceal another crime — namely, a false tax filing — whether or not that crime occurred.

Importantly, this theory could be a way around the legal questions inherent in alleging that the second crime was a state or federal campaign finance violation.

Read the rest at the LA Times.

Another big and disturbing story is happening in Tennessee.

From Reuters: Tennessee Republicans likely to expel three Democratic lawmakers from statehouse.

Republicans who control the Tennessee House of Representatives will vote on Thursday on whether to expel three Democratic members for their role in a gun control demonstration at the statehouse last week.

Last Friday’s protest saw hundreds of demonstrators flood into the statehouse, four days after a Nashville school shooting ended with three 9-year-old children and three school staff members dead.

Three Democratic lawmakers stood on the House floor and used a bullhorn to lead protesters in chanting demands for stricter gun laws. In the resolutions calling for their expulsion, Republicans accused the three of engaging in “disorderly behavior” and said they “did knowingly and intentionally bring disorder and dishonor to the House of Representatives through their individual and collective actions.”

The expulsion vote is likely to easily pass in the Republican-dominated House and lead to the ouster of Rep. Gloria Johnson, Rep. Justin Jones and Rep. Justin Pearson. They say they were within their First Amendment rights to take part in the protest.

“It’s morally insane that a week after a mass shooting took six lives in our community, House Republicans only response is to expel us for standing with our constituents to call for gun control,” Jones wrote on Twitter this week. “What’s happening in Tennessee is a clear danger to democracy all across this nation.

Republicans Rep. Andrew Farmer, Rep. Gino Bulso, and Rep. Bud Hulsey filed three resolutions on Monday to expel their Democratic colleagues. The resolutions on Monday passed in a preliminary vote along party lines, 72-23.

Imagine if this insanity spreads to other Republican-controlled legislatures–and it very likely will, if it’s successful.

Commentary from Margaret Renkl at The New York Times: As Young People March for Their Lives, Tennessee Crushes Dissent and Overrides Democracy.

NASHVILLE — Yesterday the eyes of the country were on the indictment of a former president, along with the all too real possibility that political or public chaos would erupt as a result. Here in Tennessee, we were watching a different kind of chaos unfold as our state government doubled down on its love affair with guns, even in the immediate aftermath of a horrific school shooting. I wish I could tell you that guns were the worst of it.

Last Thursday, in the wake of the shooting, peaceful protesters at the Tennessee State Capitol rallied for gun reform. Activists waved signs in the statehouse gallery, and Representatives Justin Jones, Gloria Johnson and Justin J. Pearson, all Democrats, led them in chants from the House floor during breaks. Between bills, the lawmakers also approached the podium to speak. They did not wait to be formally recognized.

On Monday, statehouse Republicans stripped all three of their committee memberships and deactivated their ID badges. The Democrats “did knowingly and intentionally bring disorder and dishonor to the House of Representatives,” the formal resolutions against them read. Tomorrow, the House will vote on whether to expel the three lawmakers for talking out of turn.

Expulsion is extremely rare in Tennessee history. As the Politico reporter Natalie Allison pointed out on Twitter, the Tennessee House didn’t even vote to expel a Republican legislator who had been accused of sexually assaulting three teenage girls.

The resolutions against Mr. Jones, Ms. Johnson and Mr. Pearson were filed against a backdrop that highlights the absurdity of the actions Republicans have taken against them.

On Monday at 10:13 a.m., one week to the minute after a shooter armed with military-style weapons entered the church-affiliated Covenant School and murdered three children and three adults, more than 7,000 Nashville students staged a walkout to demand gun reform. It was a sight to behold: Vanderbilt University students marching down one street, Belmont University students marching down another, all of them joining a large crowd of high school and college students from around town. They were determined to speak as one voice directly to their government — to the only people with any power to reduce the risks they take just by going to class.

No place in this firearm-besotted country is safe from gun violence, but Tennessee students are at particular risk, and not just in school. They live in a state with some of the nation’s most permissive gun laws, as well as the highest rate of gun theft — and perhaps unsurprisingly, one of the highest rates of gun deaths.

Read the rest at the NYT.

Those are the top stories today, as I see it. I’ll add a few more in the comment thread. What do you think? What other stories have captured your interest?


Thursday Reads: Trump’s Terrible Day

Good Afternoon!!

Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:

Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.

First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.

For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.

For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.

The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.

The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).

What the three-judge panel–including two judges appointed by Trump–said:

Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.

Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….

But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….

In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.

You might also check out this straight news piece by Charlie Savage, et al. at The New York Times: 

In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.

The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.

The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”

The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.

Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.

This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.

In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.

New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.

The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.

With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.

Read the rest at Just Security. Here’s John Buss’s commentary:

What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.

From the article:

The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.

Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”

Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.

But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.

Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.

She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.

It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.

More news, links only:

Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.

The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.

CNN: Russia’s military divided as Putin struggles to deal with Ukraine’s counteroffensive, US sources say.

Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.

AP News: At least 9 killed as Iran protests spread over woman’s death.

NBC News: Enthusiasm for upcoming midterms is at all-time high, NBC News poll shows.

The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.

Miami Herald: Operatives linked to DeSantis promised to fly migrants to Delaware — but left them stranded.

NBC News: House passes bill to prevent stolen elections, despite strong GOP opposition.

Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.

NBC News: Hurricane Fiona intensifies to Category 4 as Puerto Rico contends with aftermath.

Have a tremendous Thursday, Sky Dancers!!


Tuesday Reads

Bowes, Josephine, 1825-1874; Study of Birch Trees

Bowes, Josephine; Study of Birch Trees; The Bowes Museum.

Good Morning!!

Today’s January 6 Committee hearing has now been scheduled for 1PM. As you know, the hearing will focus on Trump’s efforts to pressure state lawmakers to set up slates of fake electors. It could be a blockbuster. Politico just broke the news that Ginni Thomas’s communications with Arizona lawmakers could come up in the questioning.

From the Politico Playbook:

The logistics … Chair BENNIE THOMPSON (D-Miss.) and Vice Chair LIZ CHENEY (R-Wyo.) are expected to open the hearing, and Rep. ADAM SCHIFF (D-Calif.) will play a key role. There will be four witnesses broken up over two panels.

— The first panel features (1) Arizona House Speaker RUSTY BOWERS(2) Georgia Secretary of State BRAD RAFFENSPERGER and (3) his deputy, GABRIEL STERLING.

Bowers is expected to describe the pressure campaign from Trump, RUDY GIULIANI and VIRGINIA THOMAS, the wife of Supreme Court Justice CLARENCE THOMAS. In one phone call, Trump and Giuliani pushed Bowers to change Arizona law retroactively “to allow the Legislature to choose a different slate of presidential electors than picked by voters.”

And the Playbook also broke this news this morning:

SCOOP: The House select committee investigating Jan. 6 sent a subpoena last week to ALEX HOLDER, a documentary filmmaker who was granted extensive access to President DONALD TRUMP and his inner circle, and who shot interviews with the then-president both before and after Jan. 6. The existence of this footage is previously unreported.

Landscape with trees, Felix Edouard Vallotton

Landscape with trees, Felix Edouard Vallotton

A source familiar with the project told Playbook on Monday night that Holder began filming on the campaign trail in September 2020 for a project on Trump’s reelection campaign. Over the course of several months, Holder had substantial access to Trump, Trump’s adult children and VP MIKE PENCE, both in the White House and on the campaign trail.

According to the subpoena, which was obtained exclusively by Playbook, the committee wants three main things from Holder:

(1) Raw footage from Jan. 6.

(2) Raw footage of interviews from September 2020 to present with Trump, Pence, DONALD TRUMP JR.IVANKA TRUMPERIC TRUMP and JARED KUSHNER.

(3) Raw footage “pertaining to discussions of election fraud or election integrity surrounding the November 2020 presidential election.”

Holder is expected to fully cooperate with the committee in an interview scheduled for Thursday. Read the full subpoena

The second panel will focus on an election worker from Georgia:

— The second panel has just one witness: SHAYE MOSS, an election worker in Georgia. She and her mother processed ballots in 2020 and were targets of a smear campaign by Trump allies. David Wickert at the Atlanta Journal-Constitution has a deep dive on Moss, who was accused “of rigging the November 2020 election for Joe Biden with ‘suitcases’ of ballots on election night. The pair were featured in a video that Trump attorney Rudy Giuliani called a ‘smoking gun’ for voting fraud.”

A committee aide said that Moss would outline how “being targeted by the former president has upended her life and that of her mother. … They were subjected to death threats, intimidation, coercion, forced to go into hiding.”

Raffensperger and Sterling are relatively well known now, but I had not heard of Rusty Bowers before. Here’s some information about him from The Washington Post: Who is Rusty Bowers?

Arizona House Speaker Russell “Rusty” Bowers, a Republican, was pressured by Donald Trump and other members of his party to refuse to accept the results of Arizona’s election in 2020. Bowers is expected to be Tuesday’s first live witness before the Jan. 6 panel.

Vickerman, Stanley, 1922-1997; Tree Roots

Vickerman, Stanley; Tree Roots; Kirklees Museums and Galleries

Bowers, 69, supported Trump’s 2020 campaign. When the former president lost the election in Arizona by 10,457 votes, he and his lawyer Rudy Giuliani called Bowers to persuade him to block the state legislature from certifying the results.

Bowers refused.

His decision to stand firm against Trump put him at the center of the ire of the former president’s supporters. Armed protesters gathered outside his house and screamed that he was a pedophile. Last summer, the state’s right-wing Patriot Party attempted to recall Bowers from office, complaining that he did not do enough to support an audit of the 2020 election. The effort failed, the Arizona Republic reported.

The state lawmaker, who will not be in charge of the Arizona House next year — he decided to seek a state Senate seat instead — received the John F. Kennedy Profile in Courage Award in April for resisting intimidation from Trump.

Adam Schiff will take the lead in today’s hearing. From Nicholas Wu and Kyle Cheney at Politico: Jan. 6 committee to highlight Trump’s state-level pressure to overturn the 2020 election.

The select committee intends to lay out Tuesday how Trump leaned on statehouse Republicans — from Pennsylvania, to Georgia, to Michigan, to Arizona and others — to pull off a scheme that would culminate on Jan. 6, 2021, when then-Vice President Mike Pence presided over the counting of electoral votes.

Under Trump’s plan, Pence would be presented with competing slates of electors — those certified by the governors, and those certified by state legislators — and he would assert the extraordinary power to choose which slates to count. But no state legislature responded to Trump’s demand, and Pence, without any genuine controversy, rejected the scheme as illegal.

In fact, the legality of the plan will be at the heart of Tuesday afternoon’s hearing, which will be led in part by panel member Rep. Adam Schiff (D-Calif.). It’s the select panel’s fourth public hearing as investigators lay out their findings.

Dancing around the large trees at Perros Maurice Denis - 1914, Bo Fransson

Dancing around the large trees at Perros Maurice Denis – 1914, Bo Fransson

Trump-aligned lawyers concocted the effort, leaning on fringe constitutional theory and the guidance of John Eastman, a primary architect of the effort to pressure Pence on Jan. 6. Eastman himself acknowledged in emails obtained by the select committee that the Pence plan would be “dead on arrival” without the backing of state legislatures — yet he pushed ahead anyway, suggesting that the confusion around alternate electors would give Pence enough cover to act.

Trump’s own White House counsel’s office also raised doubts about the plan, according to testimony released by the select panel in court filings. And in the days before Jan. 6, Pence’s chief counsel Greg Jacob engaged in an intense debate with Eastman, contending that not a single justice of the Supreme Court would back his plan — a point he said Eastman reluctantly conceded.

Select committee aides told reporters Monday that the hearing would highlight new evidence of Trump’s direct awareness and involvement in the fake electors scheme. To highlight the issue, the panel plans to hear from Georgia Secretary of State Brad Raffensperger, his aide Gabriel Sterling and other state and local officials. Several of Tuesday’s witnesses were subpoenaed to appear. Schiff told the Los Angeles Times Monday the panel would also highlight proof of then-White House chief of staff Mark Meadows’ involvement in Georgia.

I don’t want to miss a minute of this!

This is from yesterday’s Washington Post: Trump campaign documents show advisers knew fake-elector plan was baseless.

The convening of the electoral college on Dec. 14, 2020, was supposed to mark the end of the wild, extended presidential election that year.

But when the dayarrived, a strange thing happened. In seven swing states won by JoeBiden, when the Democrat’s electors assembled to formally elect him president, Trump supporters showed up, too, ready to declare that their man had actually won.

“The electors are already here — they’ve been checked in,” a state police officer told the group in Michigan, according to a video of the encounter, as he barred the Republicans from the Capitol in a state Biden won by more than 154,000 votes.

In Nevada,a state Biden had won by about 33,600 votes,a photo distributed by the state Republican Party showed Trump supporters squeezing around an undersize picnic table dressed up with a bit of bunting, preparing to sign formal certificates declaring that they were “the duly elected and qualified” electors of their state.

Ellison, R.; Oak Trees

Ellison, R.; Oak Trees; Colchester and Ipswich Museums Service

At the time, the gatherings seemed a slapdash, desperate attempt to mimic President Donald Trump’s refusal to concede.

But internal campaign emails and memos revealthat the convening of the fake electors was apparently a much more concerted strategy, intended to give Vice President Mike Pence a reason to declare that the outcome of the election was somehow in doubt on Jan. 6, 2021, when he was to preside over the congressional counting of the electoral college votes.

The documents show that Trump’s team pushed ahead and urged the electors to meet — then pressured Pence to cite the alternate Trump slates — even as various Trump lawyers acknowledged privately that they did not have legal validity and the gatherings had not been in compliance with state laws.

Adam Schiff spoke to The Los Angeles Times about Mark Meadows’ role in interfering in the Georgia election: House Jan. 6 committee to reveal Meadows’ pressure on Georgia election officials.

The House Jan. 6 committee plans to show in its fourth hearing Tuesday that President Trump’s then-chief of staff Mark Meadows “had an intimate role … in this plot to put pressure on [Georgia] state legislators and on elections officials,” Rep. Adam B. Schiff (D-Burbank), a member of the panel, told The Times in an interview.

Among other things, Schiff said the committee investigating the 2021 insurrection at the U.S. Capitol will release new information about Meadows’ appearance at a key election meeting in Georgia and text messages revealing that he wanted to send autographed Make America Great Again hats to people conducting the audit….

With the Jan. 6 probe, Schiff and House Democrats have a powerful tool they lacked in the previous investigations: Some of Trump’s closest allies have spelled out in sworn testimony the details of the former president’s actions leading up to Jan. 6 and, in many cases, how they advocated against such moves.

In the interview, Schiff, a former prosecutor, expressed surprise that the House committee got so many people to speak on the record.

“I’m glad these people are coming forward,” he said. “I’m glad they’re speaking out. It took a long time for [former Atty. Gen.] Bill Barr to do the right thing. It took a long time for many others who enabled Donald Trump to say ‘I can’t go any further.’”

But he added, if they had spoken out earlier, “we might have been spared all the trauma we went through.”

Bough, Samuel, 1822-1878; Entrance to Cadzow Forest, near Glasgow

Bough, Samuel; Entrance to Cadzow Forest, near Glasgow; York Museums Trust.

I’ll end with some Ginni Thomas news that The Washington Post broke last night: Speaker at meeting of Ginni Thomas group called Biden’s win illegitimate long after Jan. 6, video shows.

Two months after rioters stormed the U.S. Capitol in an attempt to help President Donald Trump stay in office, Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, attended a gathering of right-wing activists where a speaker declared to roaring applause that Trump was still the “legitimate president,” a video recording of the event shows.

“There is a robbery that is going on in this country right now,” pastor and conservative radio personality C.L. Bryant told the crowd, according to video posted to Facebook by an attendee. “In fact, I say it to you and I’ll say it loud and clear, and I’m not ashamed to say it. I won’t bite my tongue. I do believe that Donald John Trump is the only legitimate president.”

The event on March 6, 2021, was a meeting of Frontliners for Liberty. The group vaulted from obscurity to national attention last week with the disclosure that Thomas had invited pro-Trump lawyer John Eastman to speak to its members in December 2020.

The revelation, originating from emails that a judge ordered Eastman to turn over to the House committee investigating the Jan. 6 insurrection, showed that Thomas was in contact with Eastman, a key legal architect of the attempt to subvert the election. The judge, David O. Carter of the Central District of California, wrote in a June 7 opinion that the emails, including two in which the group’s “high-profile leader” invited Eastman to speak — were relevant to the committee’s work.

While text messages and emails unearthed in recent weeks have shown that Thomas was involved in those efforts before Jan. 6, her attendance at the Orlando gathering indicates that her alliance with election deniers continued even after Joe Biden was inaugurated. Frontliners has hosted hard-right lawmakers, insisted on strict secrecy and proclaimed that the nation’s top enemy is the “radical fascist left,” according to social media posts, court filings and interviews with several people involved in the group.

I can’t wait for 1:00! If you’re watching the hearing, please share your thoughts in the comment thread.


Lazy Caturday Reads

Good Morning!!

spoon-feeding-cat4Today’s art work is from the European Renaissance period, around the 15th and 16th centuries, when people apparently liked to treat their pet cats like babies–spoon-feeding them and sometimes even swaddling them. Unfortunately I couldn’t find the artists’ names.

In honor of Caturday and to give you a brief respite from the insane news of the day, here’s an article about Willow, the White House cat. Kate Bennett at CNN: As presidential cat, Willow Biden has privileges.

In the dog days of summer, Willow the cat rules the roost.

On Friday, Willow’s crate was spotted being carried by a staff member from the White House residence to Marine One, the presidential helicopter that will ferry the feline – along with President Joe Biden and first lady Dr. Jill Biden – to Rehoboth, Delaware, and the family’s beach house…

“Willow often spends the weekends with the First Family, including in Rehoboth, Wilmington, and Camp David,” the first lady’s press secretary Michael LaRosa told CNN.

When she is not being whisked away for the weekend, Willow has privileges to roam the White House. She is predominantly restricted to the White House executive residence’s private second and third floors, where CNN is told Willow particularly enjoys the solarium, a bright space above the South Portico, where she “receives lots of attention from the Executive Residence staff.” In Wilmington and at Camp David, “she often sits on the porch in the sun,” says LaRosa.

Back home, Willow also likes to visit working staff in the East Wing, taking leisurely naps on the desk of the press secretary, chasing her toys in and out of offices and generally being open to scratches. Once or twice, Willow has explored beyond her domain, making it as far as the chief usher’s office on the main floor, just next to the North entrance.

The East Wing staff has made a sign to alert when Willow is out and about, which features of photo of her face and reads: “Willow is on the prowl! Please keep these doors closed.”

I didn’t know the story of how Willow came to be adopted by Jill Biden until I read this story. They met when Jill gave a speech in rural Pennsylvania, where Willow lived in a barn.

“Willow made quite an impression on Dr. Biden in 2020 when she jumped up on the stage and interrupted her remarks,” LaRosa said several months ago. “Seeing their immediate bond, the owner of the farm knew that Willow belonged with Dr. Biden.”

She named her Willow after her hometown of Willow Grove, Pennsylvania. Though it wouldn’t be until January that Willow actually moved into her digs at the White House, she enjoyed staying with Biden acquaintances in Washington, DC, until the timing was right to officially add her to the Biden home.

Willow sounds like a very clever cat. She knew what she wanted and made it happen.

spoon-feeding-cat2It seems that Trump has been closely following the January 6 hearings, and he’s not at all happy about them. Justin Baragona at The Daily Beast: Trump Slams ‘Human Conveyer Belt’ Pence for Lacking ‘Courage’ to Steal Election.

Former President Donald Trump lashed out at Mike Pence on Friday for not having the “courage” to overthrow President Joe Biden’s election victory—just a day after the Jan. 6 committee hailed the ex-veep as a hero for not participating in Trump’s failed coup attempt.

Additionally, the twice-impeached ex-president denied that he ever called Pence a “wimp” for not going along with his crazy theory to steal the 2020 election. At the same time, though, Trump repeatedly called Pence a “human conveyer belt” and a “robot” for certifying Biden’s electoral votes….

After railing about the “sham” and “unselect” committee during his speech at the Faith and Freedom Coalition on Friday, Trump turned his attention to Pence and other “RINOs” he felt were insufficiently loyal to him following the election.

“One guy got up and said that he heard me calling Mike Pence a ‘wimp,’” Trump stated. “Now honestly, I’m the president of the United States. I’m sitting, I think they said at my desk. ‘He’s a wimp.’ How many people listen to me—I don’t even know who these people are! But I never called Mike Pence a wimp. I never called him a wimp.”

From there, however, the ex-president took aim at his former running mate for failing to assist in illegally keeping him in office—and he basically called Pence a wimp in so many words.

“Mike Pence had a chance to be great,” Trump exclaimed. “He had a chance to be, frankly, historic. But just like [former Attorney General] Bill Barr and the rest of these weak people, Mike—and I say it sadly because I like him—but Mike did not have the courage to act.” [….]

Regarding the legal consensus that Pence had “no choice” but to certify Biden’s victory, the disgraced ex-president likened Pence to a “human conveyer belt.”

After claiming he never wanted Pence to “decide” the election but rather just wanted him to send votes back to state legislatures for them to decide, Trump seemed to confirm that he pushed Eastman’s garbage theories in conversations with his vice president. (Though, according to Pence’s chief of staff Marc Short, this particular encounter never happened.)

“So, I said, ‘Mike, if you do this, you can be Thomas Jefferson,’” the ex-president boasted. “And then, after it all went down, I looked at him one day and I said, ‘Mike, hate to say this, but you’re no Thomas Jefferson.’”

spoon-feeding-cat6Trump also attacked Pence on his fake Twitter social media outlet “Truth Social.” The Independent: Trump claims he never asked Pence to overturn the election on Truth Social after dramatic Jan 6 hearing.

Mr Trump’s words come a day after the House select committee investigating the riot at the US Capitol held its third public hearing, where Mr Pence’s former White House Counsel Greg Jacob testified about the pressure campaign the former vice president sustained at the hands of the president and his legal team.

Multiple video depositions, including from former White House lawyer Eric Herschmann, showed how Mr Trump knew his plan to overturn the election results were illegal.

But Mr Trump pushed back on the allegations on his social media platform Truth Social.

“Such LIES & MISREPRESENTATION by the Unselects, and absolutely nobody allowed to challenge what is being said”, Mr Trump posted. “As an example, I never asked V.P. Pence to ‘overturn’ the election (although Thomas Jefferson ‘took’ the Georgia votes), but that he send the votes back to the Legislatures so that they could determine if the irregularities and Fraud were as widespread and signficant [sic] as they seemed.”

Dementia Don’s family needs to stage an intervention and get this man some professional help. He’s likely to get even more enraged on Tuesday, when the January 6 Committee hearing will focus on Trump’s efforts to “find” enough votes to overturn Biden’s 2020 win in Georgia. Georgia Public Broadcasting News: Raffensperger, Sterling will headline Tuesday’s Jan. 6 hearings.

Georgia Secretary of State Brad Raffensperger and his top deputy Gabriel Sterling will testify at Tuesday’s hearing of the House Select Committee to Investigate the January 6th Attack on the United States Capitol, to shine more light on one of the more brazen attempts to overturn the 2020 election….

Raffensperger famously rebuffed former President Donald Trump’s pressure to “find” enough votes to reverse his narrow election defeat, and Sterling was a frequent figure on televised news conferences debunking false claims of fraud and fellow Republicans’ attacks on election workers.

In last month’s primary elections, Raffensperger defeated Trump-backed challenger Rep. Jody Hice.

girl-feeding-a-catTuesday’s committee hearing is expected to highlight the pressure campaign that Trump and his allies exerted on local elections officials in Georgia and other states to reverse the presidential election results, and comes on the heels of a hearing Thursday that outlined attempts to get former Vice President Mike Pence to reject the Electoral College results.

The Georgia officials’ public testimony comes after Raffensperger appeared recently in a closed-door special grand jury investigation in Fulton County that is seeking to determine if Trump and others violated several state laws in their efforts to overturn the 2020 presidential election.

Raffensperger and others have also provided hours of testimony privately to the committee, including discussion of the unprecedented call from Trump, leaked to GPB NewsThe Washington Post and other outlets in the runup to Georgia’s dual U.S. Senate runoffs.

Read more at the link.

The Committee has also requested testimony from Ginni Thomas, after it came out that she exchanged emails with nutty Trump attorney John Eastman during his efforts to overturn the election. NPR reports that Thomas claims she’s looking forward to answering questions:

Ginni Thomas told the right-wing news site The Daily Caller in a story published after the start of Thursday’s hearing that she would “look forward” to speaking with the committee.

“I can’t wait to clear up misconceptions. I look forward to talking to them,” The Daily Caller reported. Thomas has worked with the Daily Caller in the past, including producing an interview with her husband.

I can’t wait either.

Jim Newell and Jordan Weissmann have questions for her: Ginni Thomas: Were you sending emails about a criminal f***ing conspiracy?

Just how deeply involved was Ginni Thomas in plotting to overthrow the results of the 2020 election? The Jan. 6 committee may be poking around to try and find out. After Trump’s loss, Thomas—wife of Justice Clarence Thomas—texted extensively with White House chief of staff Mark Meadows about overturning the outcome and pushed Arizona lawmakers to do the same with their state’s vote. This week, the Washington Post reported that the panel is examining emails between Thomas and the lawyer John Eastman, who was Trump’s apparent point man on all things coup-related (and who will now forever be associated with the words “I believe I should be on the pardon list, if that is still in the works”). After the Post story broke, Eastman posted his email correspondence with Thomas on his Substack in a post titled: “OMG, Mrs. Thomas asked me to give an update about election litigation to her group. Stop the Presses!” It mostly just seemed to confirm that, yes, the two were in contact. The committee is now planning to interview Thomas, who says she is looking forward to clearing up any “misconceptions.” Here’s the key context for all this: At one point, Eastman told another Trump ally in an email that there was “a heated fight underway” at the Supreme Court over the election. It’s not clear where he got that idea. Was he fed this information by his friend Ginni? And what would that tell us, exactly, about Clarence Thomas’ activities at the court? Inquiring minds would like to know what the queen of Boomer texters, and her wildly powerful husband, were up to.

Also see Jamelle Bouie at The New York Times: Ginni Thomas Has a Lot of Explaining to Do.

spoon-feeding-cat15This is from CNBC: Ginni Thomas-tied Facebook group ‘FrontLiners for Liberty’ could be a new focus in Jan. 6 investigation.

A Facebook group that appears to be run by Virginia “Ginni” Thomas, the wife of Supreme Court Justice Clarence Thomas, could become a new point of interest in the U.S. House Select Committee’s investigation into the Jan. 6 attack on the U.S. Capitol.

Congressional investigators said they planned to ask Ginni Thomas to testify before the committee hours after Trump attorney John Eastman on Thursday publicly posted a Dec. 4, 2020 email from Thomas asking him to speak to a gathering she called “Frontliners,” which she described as featuring “grassroots state leaders.” Ginni Thomas is listed as an administrator of a Facebook group that goes by a similar name and description: “FrontLiners for Liberty.”

The private group, which listed more than 50 members, was created in August 2020, just two months before the November elections, according to the page’s description.

The groupwhich CNBC reviewed before it was removed from public view, described itself as “a new collaborative, liberty-focused, action-oriented group of state leaders representing grassroots armies to CONNECT, INFORM and ACTIVATE each other weekly to preserve constitutional governance.” Although Thomas’ personal Facebook page isn’t verified, it contained numerous photos ofJustice Thomas.

The group’s pages were removed from public view after CNBC reached out to Thomas about the organization. It now shows a notice from Facebook saying that it’s either been deleted or the privacy settings have been changed.

CNBC also tried to get answers through Facebook messenger to Stephanie Coleman, who is also listed administrator of the group and the wife of the late Gregory Coleman who was Texas’ solicitor general. Greg Coleman was once a clerk for Justice Thomas.

Coleman and Thomas are repeatedly pictured together on Coleman’s personal Facebook page, including a photo of the two together in December 2016 with former White House chief strategist Steve Bannon.

More news, links only:

spoon-feeding-cat13Just Security: 8 Top Former Prosecutors, Senior DOJ Officials on Key New Evidence in Effort to Pressure Pence.

The Washington Post: Supreme Court could soon make it easier to carry guns in six states.

Vice: Uvalde Hires Private Law Firm to Argue It Doesn’t Have to Release School Shooting Public Records.

The Guardian: The ‘big rip-off’: how Trump exploited his fans with ‘election defense’ fund.

HuffPost: The Far-Right’s Assault On An Idaho Pride Event Was Meticulously Planned.

The New York Times: Proud Boys Led Major Breaches of Capitol on Jan. 6, Video Investigation Finds.

David Von Drehle at The Washington Post: A new ‘National Conservative’ manifesto sounds a lot like fascism.

Garry Kasparov at The Wall Street Journal: Awakened to Putin’s Threat, Biden and the West Nod Off Again.

Have a nice Juneteenth weekend everyone!!


Lazy Caturday Reads

Gedda Runyon Starlin “House Prince”

Gedda Runyon Starlin, “House Prince”

Good Afternoon!!

You’ve probably heard about actor Bruce Willis having stopped acting because he has aphasia. Aphasia is most commonly caused by a stroke that affects language areas–usually located on the left side of the brain. It can but it can also follow a severe head injury or other brain trauma. It can result from traumatic brain injuries suffered by athletes in contact sports like football and hockey. Willis’ family has declined to explain the cause of his aphasia, so we don’t know if he had a stroke or some other type of brain injury or if he has Alzheimer’s disease or dementia. There’s an interesting story at the LA Times on other celebrities who have struggled with aphasia, including Sharon Stone, Dick Clark, Kirk Douglas, and Patricia Neal.

Apparently Willis showed signs of cognitive decline as far back as 2017, but he continued working. His performances apparently deteriorated enough that he received a “Razzie” award (now rescinded) for “worst performance in a 2021 movie.” I’m not sure what to think about this, but it made me uncomfortable when I learned about this. Abigail Weinberg writes at Mother Jones: For Years, Hollywood Suspected Bruce Willis’ Deteriorating Health. They Exploited Him Anyway This is a labor issue.

After an illustrious career that featured starring roles in movies like Pulp Fiction and The Sixth Sense, Willis had in recent years taken to churning out dozens of low-budget productions. A new Los Angeles Times article reveals just how bad things were on the set of those movies—and gives the impression that the actor was being taken advantage of.

Two crew members from the upcoming film White Elephant told the Times that Willis asked aloud, “Why am I here?” “Someone would give him a line and he didn’t understand what it meant,” a crew member said. “He was just being puppeted.”

The incidents ranged from relatively benign to potentially dangerous: A crew member from the 2020 movie Hard Kill said that Willis repeatedly fired a gun loaded with blanks on the wrong cue. The incident seems particularly stark in light of Alec Baldwin’s gun accidentally firing and killing cinematographer Halyna Hutchins on the set of Rust last year.

So, why were the dozens of people involved in these films so set on working with someone who wasn’t cognitively fit to perform? Well, the money, of course. “His involvement in films—even if for a fleeting few minutes—helped low-budget independent filmmakers sell their films internationally,” the Times explains. “Having Willis’ face on a movie poster or a lineup of streaming service thumbnails helped draw viewers to his films.”

Seems a tad exploitative, no? I’m no Hollywood insider, but I hope these revelations will spur the industry to work toward safer on-set conditions for workers on- and off-screen.

Being rich and famous doesn’t protect you from exploitation.

Another labor story from The Daily Beast: Amazon Workers Claim Historic Union Win in Big Blow to Bezos.

An Amazon warehouse in New York City made history on Friday when workers said they had won a vote to form the retail behemoth’s first union, a breakthrough that represented another sign that support for labor unions is resurgent in America.

159f2e26b59b52e97d73dc11824ae139Over 2,000 employees at the fulfillment center known as JFK8 voted to form a union, organizers said, after facing down months of hostile messaging that workers say included daily mandatory meetings with Amazon’s anti-union consultants.

The victory was especially significant because employees not only appeared to unionize a facility controlled by one of the world’s most powerful companies—but also to join the Amazon Labor Union (ALU). The grassroots group is led by current and former warehouse workers who waged a hard-fought battle frequently billed as Davids battling a $1.6-trillion Goliath.

Outside the National Labor Relations Board (NLRB) office in Brooklyn, ALU president Chris Smalls and other organizers popped champagne once the win was official.

“It’s not about me,” Smalls told reporters at a press conference. “Amazon tried to make it about me from Day 1. And I never said it was going to be Amazon versus Chris Smalls. It’s always going to be Amazon versus the people, and today the people have spoken, and the people wanted a union.”

During his remarks, the new union president took aim at Amazon’s billionaire founder, saying, “We want to thank Jeff Bezos for going to space because when he was up there, we was signing people up.”

The Ginni and Clarence Thomas story continues to develop. Yesterday, Dakinikat posted the Daily Beast story about Thomas’s influence on Trump’s hiring and firing decisions. Jane Mayer, who wrote a book about Clarence Thomas, added this to the story:

This situation presents serious problems for the Supreme Court and for Congress. It’s unlikely that Clarence Thomas will voluntarily recuse himself from January 6 cases and I doubt if Chief Justice Roberts will take action unless there is a massive public outcry. At The Washington Post, Paul Waldman writes: What can Democrats do about Clarence Thomas?

The controversy over Virginia “Ginni” Thomas, Clarence Thomas and the Jan. 6 insurrection is demonstrating one profound difference between Democrats and Republicans: how they view the value of making a stink….

Given his wife’s role in encouraging the effort to overturn the election that culminated in the awful events of that day, Clarence Thomas should obviously recuse himself from any case having to do with Jan. 6. But what can Democrats do about him?

The way Democrats are answering that question tells us a lot about their party.

This Friday, 17 progressive organizations are releasing a letter calling on Democrats to launch a congressional investigation of Justice Thomas’s “misconduct in his handling of cases regarding the January 6 insurrection, the 2020 presidential election, and other cases involving his wife’s political activities.”

As the groups note in their letter, which is spearheaded by Take Back the Court, Supreme Court justices are bound by a federal statute that says they, like other judges, should recuse themselves from any case in which their “impartiality might reasonably be questioned.”

Patrick Saunders, Opal in the Window

Patrick Saunders, Opal in the Window

In addition, in the past, Thomas has failed to properly disclose his wife’s income from political groups (he later amended his disclosures after the omissions were revealed), and she reportedly works with groups that have business before her husband.

What might a congressional investigation accomplish? The letter argues that it might determine “whether Justice Thomas’ conduct was consistent with basic principles of judicial ethics, whether he violated federal law and his oath to ‘impartially discharge and perform his judicial duties, and what actions must be taken in response.”

But so far, Democrats have largely been restrained in response to the Ginni Thomas revelations. While a few more liberal lawmakers, including Rep. Alexandria Ocasio-Cortez (D-N.Y.) have said Clarence Thomas should resign or be impeached, Democratic leaders have not.

Read the rest at the WaPo. You can also check out this post from Emptywheel today: On Ginni Thomas’ Obstruction Exposure and Clarence’s Former Clerk Carl Nichols

There’s also more news today about the gap in the White House phone logs during the January 6 Capitol insurrection. Dakinikat also wrote yesterday about the Axios claim that it was no big deal; the Trump executive assistant who kept track of the call log was out that day. I don’t buy it. That’s just too convenient an excuse. 

Last night CNN reported: Trump’s presidential diarist tells Jan. 6 committee White House officials provided less detail about his activities days before riot.

Just days before the US Capitol riot, White House officials started providing fewer details about then-President Donald Trump‘s calls and visits, the person in charge of compiling those activities for the official record told the House select committee investigating January 6, 2021, according to two sources with knowledge of the probe.

The committee interviewed Trump’s presidential diarist roughly two weeks ago. That interview has not been previously reported, nor has the testimony describing a noticeable drop-off in information provided by Oval Office staff leading up to January 6.

Daniel F. Gerhartz, 1965

By Daniel F. Gerhartz, 1965

Other witnesses also have told the panel there was significantly less information being shared with those involved in White House record-keeping during the same time period, according to three sources familiar with the investigation.

One source described how White House record-keepers appeared to be “iced out” in the days leading up to January 6.

“The last day that normal information was sent was the 4th,” said another source familiar with the investigation. “So, starting the 5th, the diarist didn’t receive the annotated calls and notes. This was a dramatic departure. That is all out of the ordinary.”

The White House diarist normally receives many streams of information, including the phone logs from the switchboard, the president’s movements from the US Secret Service and, critically, the notes from Oval Office operations, which detail calls, guests and activities.

The Guardian’s Ed Pilkington doesn’t seem to buy the Axios excuse either. He writes today: What is Trump hiding? The Capitol riot-sized hole in White House call log.

At 2.26pm on 6 January last year, Donald Trump picked up a White House phone and placed a call to Mike Lee, the Republican senator from Utah. The communication came at a very significant moment.

Thirty-seven minutes earlier, a riot had been declared by Washington DC police. Minutes after that the then vice-president, Mike Pence, was rushed out of the Senate chamber, where he had been presiding over Congress’s certification of Joe Biden’s victory in the 2020 election, and put into hiding.

Fifteen minutes before Trump made the call his supporters, exhorted by the sitting president to “fight like hell” against what he falsely claimed was a rigged election, broke through a window in the south front of the Capitol and entered the heart of American democracy.

And we know Trump was watching it on TV.

Yet when you look for recorded details of Trump’s 2.26pm call which was made, as Hugo Lowell of the Guardian revealed, on an official White House landline, they are nowhere to be found. The Lee call was one of an unknown number that Trump made during a mysterious gap of 7 hours 37 minutes that exists in the call logs – precisely the timeframe of the Capitol attack.

Belinda Del Pasco

By Belinda Del Pasco

Those missing call logs, disclosed by the Washington Post and CBS News, raise several burning questions – how did the records disappear? who carried out the excising? – but none more urgent than this: what was Trump trying to hide?

“A gap like this doesn’t happen by accident. It’s not a coincidence,” said Charlie Sykes, columnist at the Trump-resistant conservative outlet the Bulwark. “There is no innocent explanation here – somebody made the decision to rip up the record for the crucial hours of January 6 and there has to be a reason why.”

What Trump is trying to hide lies at the heart of the House committee investigation into the January 6 insurrection. The former president has consistently tried to block information flowing to the committee – pressuring his inner circle not to testify, tearing up documents before they were handed over.

The stakes in the tussle over evidence rose sharply this week when a federal judge said in a ruling that Trump “more likely than not … dishonestly conspired to obstruct” Congress on 6 January. That would be a criminal act.

Read the rest at The Guardian.

Finally, Merrick Garland spoke publicly again yesterday. CNN’s Tierney Sneed reports: Garland says the only pressure DOJ feels on January 6 probes is to ‘do the right thing.’

After several recent developments in the January 6 investigations that put the Justice Department in the center of the political whirlwinds, Attorney General Merrick Garland said Friday that the only pressure his agency feels is to “do the right thing” by following “the facts and the law.”

“The only pressure I feel, and the only pressure that our line prosecutors feel, is to do the right thing. That means we follow the facts and the law, wherever they may lead,” Garland said at a news conference Friday, where he was announcing new charges in an unrelated gun trafficking case.

Garland was asked about political pressure on the agency at the end of a momentous week for the efforts to scrutinize the 2020 election reversal plot.

dbf8dd19adee267eff34b427875d5e68On Monday, a federal judge said that it was “more likely than not that President Trump corruptly attempted to obstruct” Congress’ electoral certification vote. The assertion by US District Judge David Carter came in a documents disclosure case related to the House select committee investigation of the January 6 attack on the Capitol….

On Friday, Garland would not weigh in on the Carter opinion or on the status of the Meadows referral.

“We follow the facts and the law wherever they lead, and that’s all I can say about the investigation,” Garland said when asked about the ruling, as he referenced department policy of not commenting on ongoing investigations. “The best way to undermine an investigation is to say things out of court about how they’re going.”

Asked about the status of the Meadows referral, Garland said, “We don’t comment on ongoing referrals.”

I don’t know what else he is supposed to say. He has said repeatedly that he will follow the evidence up to and including people at the top. But the Garland detractors aren’t going to stop whining.

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