Wednesday Reads: Robert Hur Is a Lying Liar.

Posted: March 13, 2024 | Author: bostonboomer | Filed under: 2024 presidential Campaign, Donald Trump, Joe Biden, just because | Tags: Adam Schiff, Bill Barr, classified documents, cognitive decline, Eric Swalwell, House Judiciary Committee, James Comey, memory issues, President Joe Biden, Special Counsel Robert Hur | 2 Comments

Good Day!!

The self-satisfied Mr. Robert Hur

Yesterday Robert Hur testified before the House Judiciary Committee. Before his appearance, Hur resigned from the Department of Justice and reportedly worked with Republicans in preparing his testimony. Hur and his Republican pals made every effort to make Biden look bad, but Democrats were well prepared to counter those efforts. And, unfortunately for Hur, the transcript of his interviews with Biden was also released yesterday.

You probably recall that Hur’s final report included gratuitous claims about President Biden’s age and cognitive abilities. Some observers have compared Hur’s behavior with that of James Comey’s attack on Hillary Clinton just before the 2016 election. Fortunately, we are months away from the 2024 vote.

Molly Jong-Fast at MSNBC: Robert Hur took a page from the James Comey playbook — and made it worse.

I remember where I was on Oct. 28, 2016, the day James Comey released his letter. I was at a health food restaurant with a Republican friend of mine. “This is going to lose her the election,” I told my friend. I felt like I was going to throw up. I knew what a Donald Trump presidency would mean for women, for all of us.

“Don’t be silly,” said my friend, who I suspect later voted for Trump. The New York Times had the story on the front page: “Emails in Anthony Weiner Inquiry Jolt Hillary Clinton’s Campaign.” On Nov. 8, 2016, Clinton lost the election to Trump 304 to 227. The Comey letter had created just enough muddiness to make it seem like both candidates were ethically challenged. It was the false equivalence that Trump was able to ride to the White House. Data guru Nate Silver wrote that the Comey letter “was probably enough to change the outcome of the Electoral College.” Not only did Comey make Trump president but then he wrote numerous very tedious books. He became a resistance hero, riding his regret all the way to the bank.

Fast-forward to Feb. 8, 2024, when Republican special counsel Robert Hur released his 345-page report. The report is being seen by some as an exoneration, saying that no criminal charges are warranted in the classified documents case against President Joe Biden. But Hur, who used to work for the Trump administration, couldn’t let Biden off the hook entirely, especially 269 days before an election. Hur, a member of a Republican Party that now largely works as a campaign arm for the former president, delivered the goods for his party. Sure, he found no legal basis to charge Biden, but but but… Hur proceeded to editorialize ad nauseam about Biden’s mental acuity, delivering right-wing talking points up on a platter. He wrote, “[At] trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory.”

Saying you don’t remember stuff in a deposition is pretty much standard. For example, Dr. Anthony Fauci said “I don’t recall” 174 times during a deposition about alleged collusion between the Biden administration and social media platforms — but because there isn’t a narrative about Fauci’s age crafted by Trump World, no one thought this had anything to do with his mental acuity….

Lies, by Edel Rodriguez

Hur’s report was a partisan hit job, but it didn’t matter, as former Obama chief of staff Jim Messina tweeted: “Let’s be clear — the special counsel isn’t a dummy and we should be very careful not to take the bait after Comey pulled this in 2016. Hur, a lifelong Republican and creature of DC, didn’t have a case against Biden, but he knew exactly how his swipes could hurt Biden politically.”

Joe Scarborough put it even more succinctly: “He couldn’t indict Biden legally, so he tried to indict Biden politically.” Yet again, a Republican special counsel had put his finger on the scale, just like Comey did in 2016. Hur isn’t a neurologist; he has no idea what Biden’s mental acuity is. Former attorney general Eric Holder condemned the report: “Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions,” he posted on X, adding: “Had this report been subject to a normal DOJ review these remarks would undoubtedly have been excised.” Shame on Attorney General Merrick Garland for letting this partisan hit job be released.

Some background information on Hur from AP (written before yesterday’s testimony): Who is Robert Hur? A look at the special counsel due to testify on Biden classified documents case.

The special counsel who impugned the president’s age and competence in his report on how Joe Biden handled classified documents will himself be up for questioning this week.

Robert Hur is scheduled to testify before a congressional committee on Tuesday as House Republicans try to keep the spotlight on unflattering assessments of Biden.

Some Biden aides and allies have suggested that Hur, a Republican appointed to his role as U.S. attorney by Donald Trump, is a political partisan. Hur’s defenders say he has shown throughout his career that his work is guided by only facts and the law — not politics.

A review of Hur’s professional life shows he’s no stranger to politically charged investigations. He prosecuted former elected officials as Maryland’s chief federal law enforcement officer. And as a Justice Department official, he helped monitor special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election….

The Naked Truth and the Masked Lies, by Rosita Allinckx

Hur held one of the most powerful jobs in the Justice Department during a tumultuous time in the Trump administration, serving as the top aide to [Rod] Rosenstein, the department’s second-in-command.

As the principal associate deputy attorney general, Hur helped run day-to-day operations of the department in 2017 and early 2018. He also helped Rosenstein stay on top of Mueller’s progress in the Russia investigation. Hur held bi-weekly meetings with the special counsel’s team and reported back to Rosenstein, the former deputy attorney general said in an interview.

Rosenstein said he hired Hur because he knew he would maintain a calm and steady demeanor and “approach cases in a nonpartisan way.”

Um . . . Sure, Jan. Read more background at the link.

Why did Hur resign from the DOJ before testifying? Doesn’t that seem suspicious?

Igor Deyrsh at Yahoo News: Biden special counsel Robert Hur’s resignation from DOJ makes his testimony “even more problematic.”

Hur, a Trump-appointed U.S. attorney who was tapped to lead the Biden probe by Attorney General Merrick Garland, formally stepped down one day before his Tuesday appearance at the request of Republicans led by Chairman Jim Jordan, R-Ohio. He drew criticism from Biden and the Democrats for criticizing the president’s memory in the report even as he declined to charge him.

Former Mueller prosecutor Andrew Weissmann explained that the Justice Department “cannot give instructions” to a former employee about what he “can and cannot testify to.”

“That makes it even more problematic from our perspective … if he was still a federal employee, DOJ would have to approve his testimony and they’d be involved in his appearance tomorrow,” a Democratic Judiciary Committee source told The Independent.

“It’s hard not to anticipate some real ugliness with Robert Hur’s testimony,” tweeted former U.S. Attorney Harry Litman. “He already showed his partisan colors in the inappropriate parts of his report. And he and the [Republicans] obviously contemplate he can vilify Biden now that he’s testifying as a ‘private citizen.’”

So it appears Hur’s motivation was to have the freedom to attack Biden without any DOJ influence on what he would say. Before I get to the testimony, here are some stories about Hur’s final report:

Adam Serwer at The Atlantic: How Hur Misled the Country on Biden’s Memory.

“First impressions stick,” writes Serwer. No matter that clarifications follow–it’s what people hear first that stays with them.

Five years ago, a partisan political operative with the credibility of a long career in government service misled the public about official documents in order to get Donald Trump the positive spin he wanted in the press. The play worked so well that a special counsel appointed to examine President Joe Biden’s handling of classified documents, Robert Hur, ran it again.

In 2019, then–Attorney General Bill Barr—who would later resign amid Trump’s attempts to suborn the Justice Department into backing his effort to seize power after losing reelection—announced that Special Counsel Robert Mueller had not found sufficient evidence to indict Trump on allegations that he had assisted in a Russian effort to sway the 2016 election and had obstructed an investigation into that effort. Mueller’s investigation led to indictments of several Trump associates, but he later testified that Justice Department policy barred prosecuting a sitting president, and so indicting Trump was not an option. Barr’s summary—which suggested that Trump had been absolved of any crimes—was so misleading that it drew a rebuke not only from Mueller himself but from a federal judge in a public-records lawsuit over material related to the investigation. That judge, Reggie Walton, wrote in 2020 that the discrepancies “cause the court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller report in favor of President Trump despite certain findings in the redacted version of the Mueller report to the contrary.”

Truth and Lies, by Louise Fletcher

As my colleague David Graham wrote at the time, the ploy worked. Trump claimed “total exoneration,” and mainstream outlets blared his innocence in towering headlines. Only later did the public learn that Mueller’s report had found “no criminal conspiracy but considerable links between Donald Trump’s campaign and Russia, and strongly suggested that Trump had obstructed justice.”

Now this same pattern has emerged once again, only instead of working in the president’s favor, it has undermined him. Hur, a former U.S. attorney in the Trump administration, was appointed by Attorney General Merrick Garland to investigate Biden for potential criminal wrongdoing after classified documents were found at his home. (Trump has been indicted on charges that he deliberately mishandled classified documents after storing such documents at his home in Florida and deliberately showing them off to visitors as “highly confidential” and “secret information.”)

In Hur’s own summary of his investigation, he concluded that “no criminal charges are warranted in this matter,” even absent DOJ policy barring prosecution of a sitting president. But that part was not what caught the media’s attention. Rather it was Hur’s characterization of Biden as having memory problems, validating conservative attacks on the president as too old to do the job. The transcripts of Hur’s interviews with Biden, released yesterday by House Democrats, suggest that characterization—politically convenient for Republicans and the Trump campaign—was misleading.

Read the rest at the Atlantic.

And how did Hur mislead?

Andrew Prokop at Vox: Robert Hur’s report exaggerated Biden’s memory issues.

When special counsel Robert Hur released his report last month explaining why he wouldn’t charge President Joe Biden with mishandling classified documents, his claim that Biden displayed a “poor memory” and “diminished faculties” in their interview received enormous attention.

But now, the full transcripts of Hur’s interviews with Biden have been released — and they make Hur’s claims about Biden’s memory appear cherry-picked and exaggerated.

Biden sat for more than five hours with Hur’s team over two days. In that time, he said he did not recall specifics about how particular boxes ended up in his residences or offices after his vice presidency. But he engaged at length about his process for handling classified information and many other topics.

Hur’s claim that Biden had demonstrated some sort of general “poor memory” hangs almost entirely on mix-ups by Biden about in what specific year several years-old events occurred. The transcript makes clear Biden remembers all those events. But it seems Biden just doesn’t pay a lot of attention to which specific year stuff happened in.

So why did Hur hype this up so much?

His report and his House testimony Tuesday suggest one reason. Hur proposed a theory, outlined in the report, about Biden’s deliberate wrongdoing — that Biden kept classified documents about Afghanistan policy deliberations to help burnish his reputation and legacy.

However, Hur couldn’t prove this theory, in part because Biden said he couldn’t recall why these documents were in his garage. Hence, the special counsel bashed Biden for his “poor memory” — knowing full well how that would play when the report became public.

truth-hidden-between-the-lies-jeff-klena

Truth Hidden Between the Lies, by Jeff Klena

This is a good article, and it also deals with Hur’s testimony and how Democrats’ countered his claims. After breaking down problems with Hur’s report, Prokop quotes Adam Schiff:

Hur’s report looks less like a smoking gun proving Biden’s supposed age-related decline, and more like dirty pool, Rep. Adam Schiff (D-CA) argued.

“You know this, I know this, there is nothing more common with a witness of any age, when asked about events that are years old, than to say ‘I do not recall.’ Indeed, they’re instructed by their attorney to do that, if they have any question about it,” Schiff said.

Hur argued back that his consideration of Biden’s memory was relevant to his charging decisions, and that he was perfectly willing, indeed required, to explain his thinking on that topic in his report to the attorney general.

Schiff disputed this. “What is in the rules is, you don’t gratuitously do things to prejudice the subject of an investigation when you’re declining to prosecute. You don’t gratuitously add language that you know will be useful in a political campaign.”

“You were not born yesterday,” Schiff added. “You understood exactly what you were doing. It was a choice.”

Why on earth did Merrick Garland appoint this guy?

Chris Megerian at AP: Hur said Biden couldn’t recall when his son died. The interview transcript is more complicated.

The White House knew it had a political problem on its hands when a special counsel report questioned President Joe Biden’s memory last month, but Biden saw a much more personal affront as well.

Robert Hur, who had been appointed to investigate whether Biden mishandled classified documents, wrote that the president couldn’t recall in an interview with prosecutors the date when his adult son, Beau, died of cancer. It was a shocking contention about a keystone event in Biden’s life, and it fed into questions about whether the 81-year-old president is fit to serve another term….

Hur didn’t ask the president about his son’s death; Biden brought it up himself during a discussion about how he stored documents at a rental home in Virginia after leaving the vice president’s office in 2017.

And Biden recalled the specific date that Beau died, although he briefly wondered aloud about the year as the conversation toggled between various events.

“What month did Beau die?” Biden mused. “Oh, God, May 30th.”

A White House lawyer interjected by saying, “2015.”

“Was it 2015 he had died?” Biden asked. When someone responded affirmatively, the president added, “It was 2015.” [….]

Hur, in his testimony before the House Judiciary Committee, said his report’s discussion of Biden’s memory was “necessary and accurate and fair” because his state of mind was an important part of evaluating whether he committed a crime.

“I did not sanitize my explanation nor did I disparage the president unfairly,” he said.

What an asshole! As Adam Serwer wrote, Hur made sure that the first impression he gave of Biden’s interviews was on of a doddering old man with cognitive issues.

Fraud, by Carl Bowlby

Yesterday, Eric Swalwell got Hur to admit that during one of the interviews he characterized Biden as having a “photographic memory!” From HuffPost, via Yahoo News: Robert Hur Admits Telling Biden He Seemed To Have ‘Photographic Recall.’

Although special counsel Robert Hur impugned Joe Biden’s memory in his investigation over whether the president mishandled classified documents, he actually told Biden that he appeared “to have a photographic understanding and recall.”

The comment, which appears in transcripts of Hur’s interviews with Biden, did not make it into Hur’s final report. Hur concluded in the report that Biden should not be charged over the documents, but made sure to mention his doubts about the president’s memory.

But Hur admitted he made those comments during an exchange with Rep. Eric Swalwell (D-Calif.) during his Tuesday meeting with the House Judiciary Committee.

The California Democrat asked Hur about a comment that appears on “Day 1, Page 47” of the transcript.

“You said to President Biden, ‘You appear to have a photographic understanding and recall of the House,’” Swalwell said. “Did you say that to President Biden?”

Hur conceded that “those words do appear on Page 47 of the transcript.”

Swalwell pressed further.

“‘Photographic’ is what you said, is that right?” he asked.

“That word does appear on Page 47 of the transcript,” Hur responded.

“Never appeared in your report, though. Is that correct? The word ‘photographic’?” Swalwell asked.

“It does not appear in my report,” Hur said.

Interesting that he chose to leave that out.

Andrew Weissman and Ryan Goodman at Just Security: The Real “Robert Hur Report” (Versus What You Read in the News).

The Special Counsel Robert Hur report has been grossly mischaracterized by the press. The report finds that the evidence of a knowing, willful violation of the criminal laws is wanting. Indeed, the report, on page 6, notes that there are “innocent explanations” that Hur “cannot refute.” That is but one of myriad examples we outline in great detail below of the report repeatedly finding a lack of proof. And those findings mean, in DOJ-speak, there is simply no case. Unrefuted innocent explanations is the sine qua non of not just a case that does not meet the standard for criminal prosecution – it means innocence. Or as former Attorney General Bill Barr and his former boss would have put it, a total vindication (but here, for real).

But even without the prompting of a misleading “summary” by Barr, the press has gotten the lede wrong. This may be because of a poorly worded (we’re being charitable) thesis sentence on page 1 of Hur’s executive summary. Hur writes at the outset: “Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.” You have to wait for the later statements that what the report actually says is there is insufficient evidence of criminality, innocent explanations for the conduct, and affirmative evidence that Biden did not willfully withhold classified documents. Put another way, that same sentence about “our investigation uncovered evidence” could equally apply to Mike Pence, who had classified documents at his home, which is similarly some “evidence” of a crime, but also plainly insufficient to remotely establish criminality.

The press incorrectly and repeatedly blast out that the Hur report found Biden willfully retained classified documents, in other words, that Biden committed a felony; with some in the news media further trumpeting that the Special Counsel decided only as a matter of discretion not to recommend charges.

Read a details analysis of the report at the link.

Charlie Savage has a very detailed comparison of Robert Hur’s claims about Biden’s memory and the transcript of the interviews: How the Special Counsel’s Portrayal of Biden’s Memory Compares With the Transcript. It’s too long and detailed to excerpt, but it’s worth a read if you’re interested.

One more article that addresses yesterday’s testimony:

Jeremy Herb and Marshall Cohen at CNN: Takeaways from Robert Hur’s testimony on Biden’s mishandling of classified documents.

Former special counsel Robert Hur appeared before Congress on Tuesday to explain his investigation into President Joe Biden’s handling of classified documents – which led to no charges against the president but plenty of consternation among Democrats when Hur described Biden as a “well-meaning, elderly man with a poor memory” in his report.

While Hur came ready to defend his investigation, outlining a specific, legal case — or lack thereof – the members of the House Judiciary Committee were fighting a battle over the much more subjective political consequences to Hur’s report just months before the 2024 presidential election.

Truth Lies at the Bottom of the Well, by Frances MacDonald

Republicans attacked Biden as they pressed Hur on his decision not to prosecute the president, while Democrats criticized Hur for his comments about Biden’s memory – while also focusing much of their attention on former President Donald Trump and the differences in the former president’s classified documents case, which led to an indictment last year.

Hur tried his best to stick to what was in his report, even as he was pushed to go further either to criticize Biden – or to declare his innocence.

Hur was clear on Tuesday that he did not want to play ball with Republicans on whether Biden is “senile,” given the former special counsel’s decision to describe Biden as an “elderly man with a poor memory” in his investigative report.

“Webster’s Dictionary defines ‘senile’ as exhibiting a decline of cognitive ability, such as memory, associated with old age,” Republican Rep. Scott Fitzgerald of Wisconsin said. “Mr. Hur, based on your report, did you find that the president was senile?”

“I did not. That conclusion does not appear in my report,” Hur replied emphatically.

Rep. Pramila Jayapal, a Washington state Democrat, tussled with Hur over his conclusions, claiming Hur “exonerated” Biden. But Hur immediately took issue with the term during a tense exchange in which they both repeatedly cut each other off.

“This lengthy, expensive an independent investigation resulted in a complete exoneration of President Joe Biden for every document you discussed in your report, you found insufficient evidence that the president violated any laws about possession or retention of classified materials,” Jayapal said.

“I need to go back and make sure that I take note of a word that you used, ‘exoneration,’” Hur said. “That is not a word that is used in my report and that is not a part of my task as a prosecutor.”

“You exonerated him,” Jayapal retorted.

“I did not exonerate him,” Hur said. “That word does not appear in the report.”

Okay then. But he didn’t charge him either. What can I say. Hur is just an asshole. Also, please note that Hur was question about whether he would accept a role in a second Trump administration, and he refused to answer. We can only hope that this controversy will be forgotten by the time we get to November.

Wednesday Reads

Posted: January 10, 2024 | Author: bostonboomer | Filed under: abortion rights, Donald Trump, just because | Tags: abortion, Defense Secretary Lloyd Austin, E. Jean Carroll, Glenn Kirschner, House Judiciary Committee, House Oversight Committee, Hunter Biden, John Sauer, Judge Florence Y. Pan, Judge Lewis Kaplan, Margery Taylor Greene, Nancy Mace, post-Dobbs cruelty to pregnant women, Rep Jim Jordan, Rep. James Comer, Special Counsel James I. Pearce, Trump's presidential immunity appeal | 9 Comments

Good Day!!

Peder Mørk Mønsted, Sunny winter landscape with a road, 1907

I was just about to get going on my post when I glanced at the TV screen (sound muted) and noticed a wild scene in the House Oversight Committee hearing. The Republicans scheduled the meeting today to hold Hunter Biden in contempt for ignoring their subpoena to appear for a secret deposition.

You’ll recall that Rep. James Comer originally said that Hunter could testify either in a public hearing or behind closed doors with committee staff. Hunter offered to testify publicly under oath but Comer freaked out and said it would have to be in a closed deposition. Obviously, they have no evidence of wrongdoing and Comer wanted to be able to lie about what happened in a closed hearing.

Anyway, Hunter showed up at the hearing today with two of his attorneys and sat in the audience. The media was all a-flutter.

Republicans were outraged. Nancy Mace yelled at Hunter and accused him of not having the “balls” to respond to the subpoena. After a long, idiotic rant by Mace, it was Margery Taylor Greene’s turn. Unfortunately for her, Hunter and his attorneys left the meeting as she began to speak, and all of the press followed them out the door, leaving Greene with no one to record whatever stupid things she planned to say.

Here’s the report from NBC News: Hunter Biden makes surprise appearance at House committee hearing to hold him in contempt.

The son of the president arrived on Capitol Hill on Wednesday morning to attend in person congressional committee meetings called to hold him in contempt of Congress — setting up an unprecedented standoff on live television between Hunter Biden and House Republicans who have long sought his testimony as part of their impeachment inquiry into his father.

Hunter Biden was accompanied by his attorneys Abbe Lowell and Kevin Morris. He did not initially respond to questions.

House Republicans on the Oversight and Judiciary Committees are holding separate committee votes on Wednesday recommending that Hunter Biden be charged with contempt of Congress.

Hunter Biden is at odds with Republicans over their demand that he testify behind closed doors. The president’s son, who is facing two separate criminal indictments, has agreed to testify publicly, an offer Republicans have refused, continuing to insist that the testimony be given behind closed doors.

During the Oversight Committee’s markup Wednesday morning, Rep. Nancy Mace, R-S.C., called for Hunter Biden’s arrest on the spot for defying the congressional subpoena.

“Hunter Biden you are too afraid for a deposition, and I still think you are today,” she said.

“Play stupid games, win stupid prizes,” she added.

Outside the chamber, Lowell said committee Republicans were motived by “improper partisan motives.” He said he and his client had offered to work with Republicans on the committees on a half dozen occasions since February of last year to see “how relevant information to any legitimate inquiry could be provided,” but their first five offers were ignored. He called the subsequent GOP subpoena for a closed-door deposition “a tactic that the Republicans have repeatedly misused in their political crusade to selectively leak and mischaracterize what witnesses have said.”

Asked by NBC News shortly after leaving the Oversight hearing whether he would testify today if asked, Hunter Biden replied “yes.” He and his team left the building afterwards.

This is interesting. It appears that Chairman Comer has a hypocrisy issue as he accuses Joe and Hunter Biden of “corruption.” Roger Sollenberger at The Daily Beast: Oversight Chairman James Comer’s ‘Legitimate’ Shell Company Was Shut Down—Twice.

As Rep. James Comer (R-KY) plows ahead with his sensationalized impeachment inquiry premised on Hunter Biden’s business dealings, the Oversight Chairman has alleged that Biden’s opaque financial operations merit investigation, and that people who own corporations have a “responsibility” to maintain proper “books and records.”

But a review of dozens of tax, real estate, and business filings in Kentucky and Tennessee indicate that Comer’s own personal “books and records” are opaque at best—and improper at worst.

Jef Bourgeau (American, b.1950), The Gloaming, 2024

Those records include the dealings of Comer’s shell company, Farm Team Properties LLC, which the state of Kentucky has dissolved twice for failure to file annual reports—first in 2020, then again in 2022.

Kentucky law states that an administratively dissolved business “continues its existence but shall not carry on any business except that necessary to wind up and liquidate its business and affairs.” An official with the Kentucky Department of Revenue told The Daily Beast that a company in administrative dissolution may not legally conduct business in the state—such as executing deals and leases, securing loans, or collecting rent as an LLC.

But in response to questions about the shell company last month, Comer told Fox Business that Farm Team Properties not only holds properties, it also “manages” them, “leases hunting on my 1,600 acres of farmland,” and generates “lots of revenue, legitimate revenue.” (The previous month, he denied having an LLC during a committee hearing.)

While Comer and his wife rectified the first dissolution within a few weeks, they allowed the October 2022 dissolution to languish for more than a year, only reinstating the entity last month, after The Daily Beast first reported on the company and flagged the dissolution on social media. It’s not clear from Comer’s filings whether Farm Team Properties ceased business activity for those 14 months.

The “books and records” questions also run to Comer’s real estate holdings, which directly contradict his recent public statements about his LLC. For one, Comer reports rental income from all of his farmland holdings, but it’s not clear whether that income derives from Farm Team’s alleged hunting leases. If so, experts told The Daily Beast, his records should reflect that, and they do not.

The opacity of Comer’s disclosures—along with his contradictory defenses of the shell company—mean the public still doesn’t have a clear picture of his finances. And Comer’s broadsides targeting Hunter Biden’s cloudy corporate entities would seem to invite parallel scrutiny into the similar haze that has settled over his own business dealings….

On personal financial disclosures starting from 2017—the year Comer’s wife created Farm Team Properties—and continuing through his most recent statement covering 2022, Comer has listed the income from the company as “none.” But after recent reports from The Daily Beast and the Associated Press raised questions about the shell company, Comer has called into question whether he’s really making no money from the entity.

House ethics rules state that members who “own an interest in a partnership or limited liability company established for the purpose of holding real estate,” must describe “each individual property held by the company.” Members also “must disclose each asset held by the company in which your interest (or that of your spouse or dependent child) had a period-end value of more than $1,000” or had recorded “more than $200 in income during the reporting period.”

Brendan Fischer, an ethics expert and deputy director of watchdog Documented, told The Daily Beast that it seems as if Comer should disclose more information.

“For a company created to hold investment properties—which sounds like Farm Team Properties, LLC—a Congressperson not only must disclose the company, they must also provide details about the properties it owns, and the amount of any income (such as rental income) from those properties,” Fischer said, noting that the rules apply “regardless of whether the entity is taxed as a partnership or corporation.”

Comer’s disclosures list his FTP ownership as a business interest, not as investment or real estate, despite the fact that it owns properties and is engaged in “real estate speculation.” This was true in 2017, when Farm Team Properties was created to hold property and obscure Comer’s co-ownership with a campaign donor, the Associated Press reported last month.

Sollenberger notes that Comer is a millionaire, because his father handed over two valuable properties for $10 apiece. Read much more about Comer’s shady dealings at The Daily Beast link.

The House Judiciary Committee, chaired by Jim Jordan (who refused to honor a subpoena from the House January 6 Committee) is also meeting today in order to decide whether to hold Hunter Biden in contempt.

Winter Trees, by Egon Schiele

CNN on the Judiciary Committee hearing:

In a different committee room, Jordan gaveled in the Judiciary panel’s meeting.

“Rather than come before us and answering questions about these and other concurring instances of the Biden family trading cash for influence, Hunter Biden held a press conference a few hundred yards from here, a press conference where he said I’m happy to answer questions in public but when he finished his statement he abruptly left, taking no questions from the press,” Jordan said.

“We have no choice but to hold Mr. Biden in contempt,” he added.

The pair of markups on Wednesday kick off a lengthy process and underscore that the Republican effort to obtain testimony from the president’s son will remain difficult. If the contempt resolution passes out of committee, it is referred to the full House for a contempt vote.

If an eventual House floor vote succeeds, the Department of Justice, which is already pursuing two criminal cases against the president’s son, would have to determine whether to prosecute the president’s son for evading a congressional subpoena.

Yesterday, Trump showed up in person for the hearing on his appeal of Judge Tanya Chutkan’s denial of his claim of “absolute presidential immunity” from criminal prosecution. The hearing didn’t go well for him. Joyce Vance wrote about it at Civil Discourse: Trump’s Bad Day in Court. The first of many to come.

Following Tuesday morning’s oral argument in the District of Columbia, Donald Trump made some predictable comments to the press from a Washington, D.C., hotel. As he finished, a reporter shouted out a request that he use the moment to tell his followers, “No violence.” The former president walked out of the room without responding.

The Judges came prepared for oral argument on Trump’s immunity motion. Let’s start with the key figures in the argument:

Judges: Bush appointee Karen LeCraft Henderson. Biden appointees Florence Y. Pan and J. Michelle Childs.

Lawyer for Trump: Former Missouri Solicitor General John Sauer.

Lawyer for the Special Counsel: James I. Pearce, a career federal prosecutor who has worked in both DOJ’s public integrity section, which Jack Smith previously led, and in the Criminal Division’s appellate section.

The top line from the argument: a broad consensus among observers that the panel didn’t buy Trump’s immunity argument. None of the Judges seemed to believe Trump should be immune from prosecution. But each Judge came at it from a different vantage point. While they may end up agreeing on a single rationale for their decision, it’s also possible we could have an opinion with concurrences by one or more of the Judges, using different reasoning.

Mr. Sauer argued first because Trump is the petitioner—he lost in the trial court and is asking the Court of Appeals to reverse Judge Chutkan’s decision. Mr. Pearce, who argued second, began by telling the court that no other president in history claimed his immunity from prosecution extended beyond his time in office. A president’s role is unique, Pearce said, “but not above the law.”

The most telling points in the oral argument centered on hypotheticals offered by Judge Pan. Judges frequently use hypotheticals to help them understand what a ruling would mean both for the case at hand and in future cases. Judge Pan posed three to Sauer, asking whether, under his view of immunity, a president could:

order Seal Team 6 to execute a political rival, and get away with it

accept a payment for issuing a pardon, and get away with it

sell nuclear secrets to a foreign power, and get away with it

Landscape with Snow, Vincent Van Gogh

Sauer argued that presidents can only be prosecuted if they are first impeached and convicted by the Senate. He, of course, has to argue this because otherwise, his client Donald Trump is in trouble.

It’s an unappetizing position. Sauer ran into still more trouble as the hypothetical was played out with both lawyers in turn, exploring the ways a president could avoid being impeached and convicted. They ranged from a president who resigns to avoid conviction, succeeds in concealing criminal conduct until he leaves office so he is never impeached, or even one who orders the deaths of his opponents in the Senate to prevent conviction. Under Trump’s theory of immunity, no prosecution would be available in these cases.

You don’t have to be a high-end appellate lawyer to understand that this argument is a stone-cold loser. At least in a democracy.

Read the rest of Vance’s analysis at the link above.

HuffPost recaps an interview from last night’s Lawrence O’Donnell show on MSNBC: Ex-Prosecutor Surprised By ‘Jarring’ Aspect To Trump Court Appearance.

Former U.S. Army prosecutor Glenn Kirschner on Tuesday said Donald Trump’s demeanor as he appeared before the D.C. Circuit Court of Appeals — while his attorneys argued his “absolute immunity” for acts he committed during his presidency ― was “kind of jarring.”

The former president and Republican 2024 front-runner behaved “entirely like a defendant, not like a politician,” Kirschner told MSNBC’s Lawrence O’Donnell.

It was in stark contrast to Trump’s usual bluster.

“I think I know what retail politics means,” said Kirschner. “He didn’t look anybody in the eye, he didn’t take an interest in anyone around, he kept his head down. He sort of lumbered forward to counsel table and plopped down.”

Trump “seemed like a defeated defendant who was kind of resigned to his fate,” he added.

Kirschner later described the argument being put forward by Trump’s legal team as “harebrained.”

From Raw Story: ‘Dead man walking’: Legal expert explains the moment Trump lost immunity appeal.

Former President Donald Trump’s attorney John Sauer failed catastrophically in selling an absolute immunity argument the appellate judges considering whether special counsel Jack Smith’s election conspiracy prosecution can move forward, argued former federal prosecutor Harry Litman on MSNBC Tuesday.

In particular, he said, it was over as soon as Sauer seemed to concede their position would imply Trump can assassinate his opponents with no recourse.

Edvard Munch, Winter Landscape

“He basically threatened some sort of unrest or bedlam if things didn’t go his way,” said anchor Chris Hayes. “He didn’t take any questions … and the headline comes from a hypothetical that appears in Jack Smith’s own briefs, which is to say the argument that Trump and his lawyers are making proves too much, obviously goes too far. It cannot be the case. Under the Constitution and under the rule of law, in a democracy and such as ours, it would allow it to be possible to order Seal Team Six to assassinate a political rival and not face accountability but for some impeachment and conviction.”

“Cannot be, that is the headline, all three judges will reject that proposition,” agreed Litman. “Basically after Judge Pan asked that hypo about Seal Team Six, Sauer … was a dead man walking. He will lose. He should lose. Legally, historically, logically, et cetera. So in that sense there is the satisfaction that this vampire will have a stake in its heart.”

“But below the headline, Chris, there’s more drama, I would say, because this is one of the cases in which the three judges were kind of probing different theories, and one at one stage Judge Henderson said maybe we need to remand, to Judge Chutkan, this. They were probing different ideas, none of which was in lockstep with what Chutkan said. There are two reasons it matters. Depending on how they decide, even if they were unanimous, and you could see it concurring with Judge Henderson, if they were unanimous it could affect the prospects for a remand, and remand might entail a subsequent round of appeals under the remanded standard by Trump and a little bit more delay. And also could affect whether the Supreme Court takes review. So that lower level, there was some drama.”

George Conway wrote a long piece about yesterday’s hearing at The Atlantic: Trump’s Lawyer Walked Into a Trap. It’s pretty entertaining, if you can get through the paywall. They usually allow one free article, before they cut you off.

The second E. Jean Carroll case is also coming up soon. From Jose Pagliery at The Daily Beast: Judge Signals Trump Is Doomed in New E. Jean Carroll Trial.

With Donald Trump’s second rape defamation trial only one week away, a federal judge has rewarded the billionaire’s unceasing legal insolence and delusional defense strategy with a brutal order laying out just how punishing the court battle is going to be.

Until recently, the former president’s lawyers had been preparing for the upcoming defamation trial as if the first one never happened—seeing it as a chance to rewrite history and try to clear Trump’s name after a jury last year concluded he sexually assaulted the journalist E. Jean Carroll decades ago.

But on Tuesday, U.S. District Judge Lewis Kaplan made it clear that Trump is not getting another go at whether he raped Carroll.

“In other words, the material facts concerning the alleged sexual assault already have been determined, and this trial will not be a ‘do over’ of the previous trial,” Kaplan wrote in an order.

In the 27-page order, the federal judge reiterated that the jury will merely be deciding how badly to reprimand Trump for dragging Carroll’s name through the mud while he was at the White House in 2019—when he denied a coercive sexual encounter that did, according to a jury last year, occur.

This new jury will see the most damning evidence of Trump’s misogyny, from the Access Hollywood tape in which he gloats about how he can “grab them by the pussy” to the videotaped deposition where he remarks that stars get away with sexual assault “unfortunately—or fortunately.”

The previous iteration of this case dealt with the defamatory denials Trump made after leaving office, a trial that cost him $5 million in damages (which he apparently paid).

The second defamation trial, which begins next week, deals with the denials Trump made as U.S. president, with all the additional attention and gravitas his former position of power bestowed upon him at the time he made those comments.

Kaplan’s order on Tuesday clarified that Trump will have the obligation—but not the right—to remain silent about nearly everything the billionaire intended to say in court.

“Mr. Trump and his counsel are precluded, in the presence of the jury, from claiming that Mr. Trump did not sexually abuse (“rape”) Ms. Carroll, that Mdid not make his… 2019 statements concerning Ms. Carroll with actual malice… or that Ms. Carroll fabricated her account,” he wrote.

In other (not new) news, Republican politicians are showing themselves to be sadistic psychopaths when it comes to women’s abilities to make choices about their bodies and health care. Dahlia Lithwick and Mark Joseph Stern at Slate: Republican Officials Openly Insult Women Nearly Killed by Abortion Bans.

For many years before S.B. 8 passed in Texas and was then swept into existence by the Supreme Court, and before Dobbs ushered in a more formal regime of forced childbirth six months later, the groups leading the charge against reproductive rights liked to claim that they loved pregnant women and only wanted them to be safe and cozy, stuffed chock-full of good advice and carted around through extra-wide hallways for safe, sterile procedures in operating rooms with only the best HVAC systems. Then Dobbs came down and within minutes it became manifestly clear that these advocates actually viewed pregnant people as the problem standing in the way of imaginary, healthy babies—and that states willing to privilege fetal life would go to any and all lengths to ensure that actual patients’ care, comfort, informed consent, and very survival would be subordinate.

We are only beginning to understand the extent to which pregnant women are dying and will continue to die due to denials of basic maternal health care, candid medical advice, and adequate treatment. The issue of emergency abortions, though, has already rocketed to the U.S. Supreme Court, which agreed on Friday to decide whether federal law compels hospitals to terminate dangerous pregnancies regardless of state bans. No matter how SCOTUS rules, the fallout is already all around us. The stories of Kate Cox in Texas, devastated would-be mothers in Tennessee, and a horrifying prosecution of a mother who miscarried in Ohio all surface the brutal reality of the post-Dobbs zeitgeist: Any woman who seeks to terminate a pregnancy is wicked, any woman who miscarries is evil, and any woman who—for reasons of failing health, circumstance, or simple bad luck—does not prove to be an adequate incubator deserves whatever she gets. Every unborn fetus is the priority over the pregnant person carrying it and must be carried to term at all costs. So goes the moral calculus of the death-panel judges who now determine how to weigh the competing interests between real, existing human life and a state’s dogmatic fixation with a fetus that, by definition, must be seraphically innocent.

Frosted Evening, by Paul Evans

One need only look at red states’ scramble to defend their draconian abortion bans to witness this perverse moral hierarchy in action. In the wake of Roe v. Wade’s demise, the victims of these laws are no longer hypothetical: They are flesh-and-blood women, directly and viscerally injured by the denial of basic health care, and some of them have even had the gall to fight for their rights. Republican attorneys general have responded with furious indignation, openly demeaning these women as liars, wimps, partisans, and baby killers.

A recent filing by the office of Tennessee Attorney General Jonathan T. Skrmetti, a Republican, captures the dynamic all too well. Skrmetti has been fighting a lawsuit filed by a group of Tennessee women denied emergency abortions under the ultranarrow medical exception to that state’s ban. The women plaintiffs suffered an appalling range of trauma, including sepsis and hemorrhaging, because they could not terminate their pregnancies. The attorney general’s response to their complaint is a scathing, shockingly personal broadside against the victims of the ban. He accused them of attempting to draw “lines about which unborn lives are worth protecting” by imposing a medical exception “of their own liking.” He mocked them for asserting that ostensibly minor conditions like “sickle cell disease” might justify an abortion. And he insisted that the lead plaintiff, Nicole Blackmon, lacks standing, because she underwent sterilization after the state forced her to carry a nonviable pregnancy and deliver a stillborn baby. The attorney general viciously suggested that, if Blackmon really wanted to fight Tennessee’s ban, she could have tried for another doomed pregnancy.

Perhaps Skrmetti deserves half credit for candor, because he did not even pretend to treat these plaintiffs like compelling moral human beings. Instead, he wrote that Tennessee may allow different standards of care for pregnant and nonpregnant women. A pregnant woman, the attorney general averred, may be refused a treatment if it “has the potential to harm unborn lives—an issue not implicated” when treating nonpregnant women. “No equal-protection rule,” he concluded, “bars lawmakers from acting on that difference to protect unborn babies.” In other words, once a woman is pregnant, she becomes a vessel for “unborn babies,” giving the state authority to cut off her access to urgently necessary health care. Since nonpregnant women don’t immediately suffer the consequences of abortion bans, those bans don’t discriminate on the basis of sex.

There’s much more at the link.

One more story before I wrap this up. I’m sure you’ve heard that Defense Secretary Lloyd Austin was was treated for prostate cancer in December and was hospitalized with complications from surgery on Jan. 1. The problem is that President Biden and other top officials had no clue this was happening. From BBC News: President Joe Biden was only told that US Defence Secretary Lloyd Austin was being treated for cancer on Tuesday, the White House has said.

Mr Austin, 70, was admitted to hospital on 1 January and then to the intensive care unit for complications following surgery in December.

He has faced criticism for not telling senior officials about it for days.

He has since apologised for not “ensuring the public was appropriately informed”.

The lag in notifying the White House raised potential national security concerns and issues of transparency within the Biden administration.

The defence secretary sits just below the president in the chain of command for the US military, and is one of the most important members of the president’s Cabinet.

The Pentagon confirmed Mr Austin remained hospitalised on Tuesday.

At a press briefing on Tuesday, National Security Council spokesman John Kirby said that President Biden was only informed that day about the diagnosis of prostate cancer.

“Nobody at the White House knew that Secretary Austin had prostate cancer until this morning,” he said.

While he emphasised the president’s initial reaction was concern for the secretary’s health, Mr Kirby acknowledged the communications were “not optimal.”

“This is not the way it is supposed to go,” Mr Kirby said.

Mr Biden and Sec Austin have not spoken since their last interaction over the weekend, according to Mr Kirby.

Mr Austin’s deputy, Kathleen Hicks, was not informed of his hospital stay despite being asked to assume some of his responsibilities.

This seems pretty odd. It’s not clear what is going to happen to Austin yet.That’s it for me today. What stories have you been following?

Thursday Reads: Extreme Heat and Other News

Posted: July 13, 2023 | Author: bostonboomer | Filed under: Afternoon Reads, birth control, Climate change, just because | Tags: Chris Wray, cocaine in White House, extreme heat, Floods, heat dome, heat wave, House Judiciary Committee, January 6 prosecutions, Justice Department, Oath Keepers prison sentences, over the counter birth control pill, Secret Service, surfing sea otter, weather | 11 Comments

Good Afternoon!!

Extreme Heat, by Ronda Breen

Today will be another boiling hot day for millions of people in the U.S. and Europe. There has also been record flooding in many places in recent days.

We’ve had a relatively cool summer here in New England, until recently. Now we are also experiencing an extended period 90+ degree heat, pouring rain, and floods.

Is this extreme weather the new normal, as Dakinikat has suggested? I’ve been looking around this morning to see what experts are saying about this situation.

The Heat Wave and What it Means

Fortune Magazine: More than 1 in 3 Americans are under heat alert as there’s no relief in sight for the apocalyptic summer weather.

It’s hardly revelatory that summer is hot, but the summer of 2023 is standing out as records fall and thermometers push their breaking points. If you’re hoping for some sort of relief, it’s not coming anytime soon.

The South and Southwest will continue to face record temperatures for as much as the coming two weeks, forecasters have warned. A heat dome (another term for a ridge of high pressure) over Arizona, Nevada and parts of California could trap the hot air in place. Heat.gov, the government’s heat portal, says over 113 million Americans are under heat alerts. Given that the 2020 census put America’s population at about 331.5 million people, this heat alert means that you have a one in three chance of being under heat alert as an American this July.

It’s oppressive everywhere, but some areas are especially noteworthy. Phoenix has reported temperatures of over 110 degrees for 12 consecutive days. In the coming days, forecasters say that could climb to 118—and there’s no end in sight. Death Valley, Calif., meanwhile, is forecast to hit 123 degrees later this week.

Another heat dome over the South is keeping temperatures close to the 100-degree mark, with high humidity making it feel hotter. Heat indexes in the Lower Mississippi valley, for instance, are expected in the 110-115 range Thursday. That hazardous heat, in some regions, could last through July 20, forecasters say.

This is unreal news from Florida. Live Science: Florida waters now ‘bona fide bathtub conditions’ as heat dome engulfs state.

Coastal waters around Florida have reached alarming temperatures of 95 degrees Fahrenheit (35 degrees Celsius) with no sign of cooling off anytime soon, experts say.

The Sunshine State is in the midst of its hottest year in modern history, with temperatures over land averaging in the mid 90s F (35 C) — 3 to 5 F (1.7 to 2.8 C) above normal for this time of year. Ocean waters have absorbed much of this heat, causing sea temperatures to soar to record highs, which could spell trouble for marine ecosystems and strengthen storms and hurricanes.

Józef Chełmoński, Indian Summer, 1875

“It’s an astounding, prolonged heat wave even for a place that’s no stranger to sultry weather,” Brian McNoldy, a senior research associate at the University of Miami’s School of Marine, Atmospheric, and Earth Science, told the Washington Post. “It’s not something we like to see near land simply because it would allow a storm to maintain a high intensity right up to landfall or rapidly intensify as it approaches landfall.” [….]

The current bath-like conditions are consistent with a “severe” marine heat wave, according to the National Oceanic and Atmospheric Administration (NOAA). The agency defines marine heat waves as “prolonged periods of anomalously high sea surface temperature” that can impact “a broad range of marine life.”

This includes coral bleaching, as reefs are “extremely sensitive to slight changes (just a few degrees) in water [temperature],” Berardelli wrote. NOAA’s Coral Reef Watch has designted an “Alert Level 1” area off the coast of Florida — the second-highest warning on the scale — with “significant bleaching likely.”

NBC News: Heat wave scorches millions as relief efforts strive to keep up.

Across a wide swath of the U.S. from Texas to Nevada, a major heat wave that is threatening to break temperature records continued to bake parts of the South and Southwest on Wednesday, sending people scrambling for relief and adding to what has become a series of weather extremes that researchers say fit the pattern of a warming environment.

Temperatures well into the triple digits are expected this weekend from California to Texas to Florida, with parts of Nevada forecast to reach 116 degrees Fahrenheit and cities in Arizona expected to hit a staggering 118 F.

“Today is Day 12 of 110-plus, and the exclamation on this event is yet to come,” said David Hondula, who directs the Phoenix Office of Heat Response and Mitigation, which was gearing up for a weekend spike in temperatures.

Last month was the warmest June globally since at least 1850, when record-keeping began, according to a new report by Berkeley Earth, a nonprofit research organization that focuses on climate data analysis. The report found that June 2023 broke the previous record, set last year, by a “large margin,” putting the planet on track for one of the warmest years on record — if not the warmest….

Hondula said his primary concern was the city’s population of people experiencing homelessness.

“We know there will be hundreds of people living on the street during this heat event and at much, much higher risk than everybody else,” Hondula said.

Last year, heat played a role in 425 deaths in Maricopa County, where Phoenix is, according to a report released this June. About 56% of the heat deaths involved people experiencing homelessness.

My god. Imagine being homeless and spending day after day outdoors in this heat!

One more article on the likely meaning of this heat wave from Sarah Kaplan at The Washington Post: Floods, fires and deadly heat are the alarm bells of a planet on the brink.

The world is hotter than it’s been in thousands of years, and it’s as if every alarm bell on Earth were ringing.

The warnings are echoing through the drenched mountains of Vermont, where two months of rain just fell in only two days. India and Japan were deluged by extreme flooding.

Heat Stroke, by Weshon Hornsby

They’re shrilling from the scorching streets of Texas, Florida, Spain and China, with a severe heat wave also building in Phoenix and the Southwest in coming days.

They’re burbling up from the oceans, where temperatures have surged to levels considered “beyond extreme.”

And they’re showing up in unprecedented, still-burning wildfires in Canada that have sent plumes of dangerous smoke into the United States.

Scientists say there is no question that this cacophony was caused by climate change — or that it will continue to intensify as the planet warms. Research shows that human greenhouse gas emissions, particularly from burning fossil fuels, have raised Earth’s temperature by about 1.2 degrees Celsius (2.2 Fahrenheit) above preindustrial levels. Unless humanity radically transforms the way people travel, generate energy and produce food, the global average temperature is on track to increase by more than 3 degrees Celsius (5.4 Fahrenheit), according to the Intergovernmental Panel on Climate Change — unleashing catastrophes that will make this year’s disasters seem mild.

The only question, scientists say, is when the alarms will finally be loud enough to make people wake up.

“This is not the new normal,” said Friederike Otto, a climate scientist at the Imperial College London. “We don’t know what the new normal is. The new normal will be what it is once we do stop burning fossil fuels … and we’re nowhere near doing that.”

The arrival of summer in the Northern Hemisphere and the return of the El Niño weather pattern, which tends to raise global temperatures, are contributing to this season of simultaneous extremes, Otto said. But the fact that these phenomena are unfolding against a backdrop of human-caused climate change is making these disasters worse than ever before.

What might have been a balmy day without climate change is now a deadly heat wave, she said. What was once a typical summer thunderstorm is now the cause of a catastrophic flood.

And a day that is usually warm for the planet — July 4 — was this year the hottest ever recorded. Earth’s global average temperature of more than 17 degrees Celsius (62.6 Fahrenheit) may well have been the hottest it has gotten in the last 125,000 years.

When will governments and corporations begin to take climate change seriously?

Other News – Odds and Ends

New this morning from The New York Times: F.D.A. Approves First U.S. Over-the-Counter Birth Control Pill.

The Food and Drug Administration on Thursday approved a birth control pill to be sold without a prescription for the first time in the United States, a milestone that could significantly expand access to contraception.

Summertime, by Mary Cassatt, 1804

The medication, called Opill, will become the most effective birth control method available over the counter — more effective at preventing pregnancy than condoms, spermicides and other nonprescription methods. Experts in reproductive health said its availability could be especially useful for young women, teenagers and those who have difficulty dealing with the time, costs or logistical hurdles involved in visiting a doctor to obtain a prescription.

The pill’s manufacturer, Perrigo Company, based in Dublin, said Opill would most likely become available from stores and online retailers in the United States in early 2024.

The company did not say how much the medication would cost — a key question that will help determine how many people will use the pill — but Frédérique Welgryn, Perrigo’s global vice president for women’s health, said in a statement that the company was committed to making the pill “accessible and affordable to women and people of all ages.” Ms. Welgryn has also said the company would have a consumer assistance program to provide the pill at no cost to some women.

“Today’s approval marks the first time a nonprescription daily oral contraceptive will be an available option for millions of people in the United States,” Dr. Patrizia Cavazzoni, director of the F.D.A.’s Center for Drug Evaluation and Research, said in a statement. “When used as directed, daily oral contraception is safe and is expected to be more effective than currently available nonprescription contraceptive methods in preventing unintended pregnancy.”

Lazy Caturday Reads

Posted: January 7, 2023 | Author: bostonboomer | Filed under: caturday | Tags: cat art, GOP Freedom Caucus, GOP Meltdown, House Judiciary Committee, House Rules Committee, Kevin McCarthy, Matt Gaetz, Rep. Jim Jordan, Rep. Mike Rogers of Alabama | 17 Comments

Illustration by ladimir Rumyantzev

Happy Caturday!!

After an insane week of Republican tantrums, Kevin McCarthy is finally Speaker of the House. But it doesn’t sound like he’ll have much control over his caucus. He seems to have given in to all of their demands in order to have a title with very little power. It was an embarrassing week for the Republican Party and for the country, capped by a scene in which Rep. Mike Rogers of Alabama and Matt Gaetz of Florida nearly came to blows.

Benjy Sarlin, Kadia Goba, and Shelby Talcott at Semaphor: Kevin McCarthy finally became Speaker of the House after one last shocking meltdown. Here’s how it all happened.

McCarthy and his allies confidently predicted he would be elected Speaker of the House Friday night after a breakthrough in negotiations earlier in the day that saw 15 holdouts abandon their opposition.

The expectation was a critical mass of remaining holdouts would switch sides or vote present to seal his inevitable election as speaker.

Rep. Lauren Boebert, R-Colo. earned wild applause when she voted “present” for the first time, helping lower the threshold for a McCarthy win — just as his team had hoped would happen.

Members did the same for Rep. Wesley Hunt, R-Texas, who had flown back from tending to his wife and newborn premature baby in order to attend the crucial vote, and Ken Buck, R-Colo., who had rushed back from Colorado after undergoing a medical procedure.

But four holdouts, including a freshman from Arizona, Eli Crane, voted for other candidates. Then, after deliberately skipping his initial vote, Gaetz waited to the end of the roll call to vote “present” — leaving McCarthy one vote short.

Pandemonium ensued. An enraged Rep. Mike Rogers, R-Ala. had to be physically restrained as he charged to confront Gaetz with the C-SPAN cameras rolling.

Wild scene as Rep. Mike Rogers has to be physically restrained by another member while going after Gaetz as McCarthy tries to secure final votes pic.twitter.com/c0u2lZxgYr

— Cabot Phillips (@cabot_phillips) January 7, 2023

Rep. Hudson, R-N.C., left, pulls Rep. Rogers, R-Ala., as he confronts Rep. Matt Gaetz, R-Fla., during the 14th round of voting for speaker as the House meets for the fourth day to try and elect a speaker in Washington, Friday, Jan. 6, 2023. (@AP Photo/@andyharnik) pic.twitter.com/ok3K8ERtfU

— Andrew Harnik (@andyharnik) January 7, 2023

Back to the Semaphor article:

Afterwards, a stunned Rep. Patrick McHenry, R-N.C., who had just nominated McCarthy and was seen animatedly working Gaetz over during the vote, took to the podium to ask that the House be allowed to adjourn until Monday.

As members tried to get their bearings, President Trump placed quick calls ahead of the 15th ballot — just before midnight — to Reps. Andy Biggs, who had voted for Rep. Jim Jordan, and Gaetz, a source familiar with the situation told Semafor.

Another photo from earlier showed Marjorie Taylor Greene trying to reach a holdout after the failed vote, Rep. Matt Rosendale, R-Montana with a phone call from a “DT” as Rosendale appeared to rebuff her.

In the next ballot, more holdouts voted “present” and McCarthy was finally elected to thunderous applause and deep sighs of relief, completing his long rise through leadership across three presidential administrations.

Cat in the evening on the bench birds, Paul Kulsha2

Cat in the evening on the bench with birds, Paul Kulsha2

I stayed up until the bitter end, but I nodded off a few times and somehow I missed the fight scene. What I saw was Matt Gaetz approaching McCarthy, after which McCarthy rushed to the voting table to change his vote to no on adjournment. McCarthy looked thrilled after he finally won the 15th vote, but what did he actually win?

Sahil Kapur at NBC News: How Kevin McCarthy got the votes for speaker — and why it could haunt him.

After four days of deadlock and embarrassing defeats not seen in a century, House Speaker Kevin McCarthy finally carved out a path to placate a faction of rebels and secure the job early Saturday, with promises that could come back to haunt him.

McCarthy flipped 14 of his holdouts and convinced the rest to stand down, securing election as the 53rd speaker of the House on the 15th ballot after overcoming a last-minute wrench that scuttled his best-laid plans on the previous ballot. In doing so, he made a series of concessions that weaken the power of his office and expand the clout of far-right members of the House Republican conference, which critics say could complicate his job of governing under a wafer-thin majority.

McCarthy and his allies sensed they were on the verge of a breakthrough on Thursday night after Rep. French Hill, R-Ark., and others tapped by the now-speaker met with a group of right-wing holdouts — including Reps. Scott Perry of Pennsylvania, Chip Roy of Texas and Byron Donalds of Florida. The mutiny was led by members of the far-right House Freedom Caucus, which is known for wielding raw power and having a high tolerance for chaos to force House GOP leaders to bend to their wishes.

McCarthy’s team presented them with a “framework” of House rules changes and other promises that would appease the group — and that ultimately prompted six House members to vote “present,” a crucial move that lowered the threshold for a majority and paved the way for him to succeed….

Perry, the Freedom Caucus chairman, said Friday he decided to vote for McCarthy after that framework was put on the table. But he also made clear his support for McCarthy was conditional on the terms of the deal holding up.

The concessions were mostly about the Rules Committee.

The Republican rules package released Friday includes those concessions. It will allow any one member to force a “motion to vacate” the speaker’s chair and overthrow McCarthy. It makes it harder for the House to raise spending, taxes and the debt limit. And Perry said the agreement includes “conservative representation” across the House, including by adding members of the right flank to key committees.

Perry and Roy declined to divulge details, but two sources with knowledge told NBC News that the Freedom Caucus was demanding three seats on the powerful Rules Committee, which controls the bills that make it to the House floor…

Illustration by Irina Zeniuk

The deal is poised to enhance the power of far-right Republicans, at the expense of moderates who want to advance legislation that can win the approval of a Democratic-controlled Senate and President Joe Biden. It could make McCarthy’s task of passing must-do bills like funding the government and lifting the debt ceiling much harder under a slim majority if a group of five Republicans can effectively force him out at any time.

Still, the more moderate or mainstream Republicans put up little resistance to the pact that party leaders agreed to, with some accepting it as the cost of doing business under narrow margins….

Democrats say the reported concessions will make the House ungovernable and cause crises.

“What we’re seeing is the incredibly shrinking speakership,” former House Speaker Nancy Pelosi said in an interview Friday. “It is not a good thing for the House of Representatives. We are the people’s house. We have to negotiate with the Senate. We have to negotiate with the White House. And instead, we are diminishing the leadership role of the House.”

Tuesday Reads: 97 Days Until November 3

Posted: July 28, 2020 | Author: bostonboomer | Filed under: morning reads, U.S. Politics | Tags: Andrew Weissmann, Anthony Fauci, Anti-Trump books, Bill Barr, conspiracy theories, Donald Trump, Facebook, House Judiciary Committee, hydroxychloroquine, Mueller report, New York Yankees, Norm Eisen, Peter Strzok, Russia investigation, Stella Immanuel, Twitter | 17 Comments

Good Morning!!

Trump personal attorney Bill Bar will testify before the House Judiciary Committee today. The hearing will begin around 10:45. I should watch it, but I’m going to spare myself that maddening experience. Megan Mineiro of Courthouse News will be tweeting about it, so I’ll check her timeline for updates.

Barr has released his opening statement. CNN: Barr calls Russia scandal ‘bogus,’ says he acts independently of Trump in blistering opening statement: Barr calls Russia scandal ‘bogus,’ says he acts independently of Trump in blistering opening statement.

In Barr’s prepared remarks, which were provided to CNN by the Justice Department on Monday, the attorney general says he has acted independently of President Donald Trump in the decisions he’s made in several criminal cases he’s handled.

“Ever since I made it clear that I was going to do everything I could to get to the bottom of the grave abuses involved in the bogus ‘Russiagate’ scandal, many of the Democrats on this Committee have attempted to discredit me by conjuring up a narrative that I am simply the President’s factotum who disposes of criminal cases according to his instructions. Judging from the letter inviting me to this hearing, that appears to be your agenda today,” Barr says in his written remarks.

Barr’s testimony on Tuesday is his first before the House Judiciary Committee, where Democrats have accused him of committing numerous abuses. It comes after he did not appear at a hearing before the panel last year and a March date was postponed. Democrats plan to push Barr on his intervention into the prosecutions of two Trump allies, his move last month to oust a prominent and powerful US attorney, and the Justice Department’s use of force against protesters to Barr’s threats to state and local officials over their handling of coronavirus. A Democratic committee counsel told reporters Monday that Democratic lawmakers will seek to paint Barr as repeatedly overruling career staff to serve the President’s interests first.

Barr will also face questions on his role in the administration’s crackdown on the protests across the country that followed George Floyd’s killing in May, including the decision to forcibly disperse a peaceful demonstration at Lafayette Square in June and the dispatching of federal officers to Portland, Oregon, where rioters have clashed with authorities nightly outside a complex of federal buildings.

In his opening statement, Barr said the President “has not attempted to interfere” in the criminal decisions he’s made, which would include lessening the sentencing recommendation for Trump’s longtime friend Roger Stone and to move to dismiss charges against Trump’s first national security adviser Michael Flynn.

He’s lying, of course. Just Security: “He’s Lying.” New Book Reveals Havoc Bill Barr Wrought Inside Congress.

On Tuesday morning, when Attorney General William Barr finally appears before the House Judiciary Committee, a book will be released covering one of Barr’s most controversial and most consequential actions to date: the attorney general’s grossly misleading summary of the Mueller Report.

The book’s author is Ambassador Norman Eisen, who served as special counsel to the Judiciary Committee during the impeachment hearings of Donald J. Trump. His was not simply a ringside seat; Eisen was a key player. That’s why this behind-the-scenes account sheds new light on the history-shaping impact of Barr’s actions.

“He’s lying.” Chairman of the House Judiciary Committee Jerrold Nadler privately told Eisen and other staff as they tried to make sense of Barr’s 4-page summary without the benefit of the Mueller Report itself. The Chairman “saw right through Barr’s fabrications and was blunt about it,” writes Eisen in the book.

Not everyone else did. Former FBI Director James Comey said in a CNN interview at the time that “Bill Barr, our attorney general, deserves the benefit of the doubt.”

Nadler would be proven correct once the Mueller Report was released, but that would be more than three weeks later—a lifetime in American politics. And it would be almost an exact year before a federal court would weigh in. Judge Reggie B. Walton used part of his opinion in March of this year to call out Barr for the attorney general’s “misleading” and “distorted” account of Mueller’s findings.

That was a harsh assessment with added weight due to its legal significance. As Lisa Gilbert observed at Just Security, “To underscore the significance of Judge Walton’s findings: Barr’s summary of the Mueller Report was not simply a lie told to the media or public. It was a statement Barr submitted to Congress.”

More books about Trump’s and Barr’s corrupt behavior are coming. Andrew Weissmann, one of the top prosecutors in the Mueller investigation has a book coming out on September 29. And now a book by Trump FBI nemesis Peter Strzok has been announced. AP: Ex-FBI agent Strzok due out with book about Trump, Russia.

Former FBI counterintelligence agent Peter Strzok, who played a key role in the Russia investigation but whose pejorative text messages about Donald Trump during the 2016 campaign made him a target of the president’s wrath, is releasing a book on his concerns the president could be compromised.

“Compromised: Counterintelligence and the Threat of Donald J. Trump” is due out Sept. 8, publisher Houghton Mifflin Harcourt Books & Media said in a statement to The Associated Press.

The book will offer an insider’s view on some of the most sensational and politically freighted investigations in modern American history, including into whether the 2016 Trump campaign coordinated with Russia to sway the presidential election. Due out two months before the November election, the book adds to the list of first-person accounts from other senior FBI and Justice Department officials during the Trump era.

“Russia has long regarded the United States as its ‘Main Enemy,’ and I spent decades trying to protect our country from their efforts to weaken and undermine us,” Strzok said Tuesday in a statement accompanying the book announcement.

“In this book,” he added, “I use that background to explain how the elevation by President Trump and his collaborators of Trump’s own personal interests over the interests of the country allowed Putin to succeed beyond Stalin’s wildest dreams, and how the national security implications of Putin’s triumph will persist through our next election and beyond.”

Remember when Trump claimed he was invited to throw out the first pitch at a NY Yankees game and later cancelled the appearance because he supposedly is working so hard to defeat the coronavirus pandemic? It turns out the Yankees never actually invited him. The New York Times: Trump Announced, Then Canceled, a Yankees Pitch. Both Came as a Surprise.

An hour before Dr. Anthony S. Fauci threw the first pitch at the season opener between the New York Yankees and the Washington Nationals, President Trump stood on the briefing room stage at the White House and declared that he, too, had been invited to throw out his own opening pitch.

“Randy Levine is a great friend of mine from the Yankees,” Mr. Trump, referring to the president of the baseball team, told reporters on Thursday as Dr. Fauci was preparing to take the mound. “And he asked me to throw out the first pitch, and I think I’m doing that on Aug. 15 at Yankee Stadium.”

There was one problem: Mr. Trump had not actually been invited on that day by the Yankees, according to one person with knowledge of Mr. Trump’s schedule. His announcement surprised both Yankees officials and the White House staff.

But Mr. Trump had been so annoyed by Dr. Fauci’s turn in the limelight, an official familiar with his reaction said, that he had directed his aides to call Yankees officials and make good on a longtime standing offer from Mr. Levine to throw out an opening pitch. No date was ever finalized.

Trump just can’t stand it when he isn’t the center of attention. He took a break last night from his “hard work” to retweet vile conspiracy theories that were removed by both Facebookand

The Washington Post: Facebook deleted a viral video full of false coronavirus claims. Then Trump shared it on Twitter.

On Monday evening, Facebook scrubbed from its site a viral video showing a group of doctors making misleading and false claims about the coronavirus pandemic after more than 14 million people had watched it. Hours later, President Trump tweeted out multiple clips of the same video to his 84.2 million followers.

Trump shared the video — which claims that face masks and lockdowns are not needed to stop the disease — as he shared 14 tweets over a half-hour span defending the use of hydroxychloroquine, an antimalarial drug that the president has repeatedly promoted, and attacking Anthony S. Fauci, the nation’s top infectious-diseases expert.

Twitter soon followed Facebook and YouTube in removing the videos, deleting several of the tweets that Trump shared, and even adding a note to its trending topics warning about the potential risks of hydroxychloroquine use….

The video Trump shared Monday night showed a collection of doctors speaking in favor of treating covid-19 patients with the antimalarial drug. The clip focused on the testimony of a woman named Stella Immanuel, who received a medical license in Texas last November, according to state records. The doctor did not return a request for comment.

NBC News: Twitter removes tweet highlighted by Trump falsely claiming COVID-19 ‘cure.’

Twitter removed a tweet that had been retweeted by President Donald Trump that falsely said that there was a cure for the coronavirus.

Late Monday night, Trump retweeted the tweet from an account with the handle “@stella_immanuel” that said: “Covid has cure. America wake up.”

Twitter soon after removed the tweet and replaced it with a gray box that says, “This Tweet is no longer available.”

A cure for COVID-19, the disease caused by the coronavirus, doesn’t exist and scientists have been working on developing both a range of treatments as well as vaccines. They and the Trump administration are racing to have a vaccine ready by the end of the year….

Trump also retweeted tweets defending the use of the drug hydroxychloroquine, including one that accused Dr. Anthony Fauci, a member of the White House coronavirus task force, of misleading the public by dismissing the drug.

“Doctor” Immanuel has quite a resume. The Daily Beast: Trump’s New Favorite COVID Doctor Believes in Alien DNA, Demon Sperm, and Hydroxychloroquine.

A Houston doctor who praises hydroxychloroquine and says that face masks aren’t necessary to stop transmission of the highly contagious coronavirus has become a star on the right-wing internet, garnering tens of millions of views on Facebook on Monday alone. Donald Trump Jr. declared the video of Stella Immanuel a “must watch,” while Donald Trump himself retweeted the video.

Before Trump and his supporters embrace Immanuel’s medical expertise, though, they should consider other medical claims Immanuel has made—including those about alien DNA and the physical effects of having sex with witches and demons in your dreams.

Immanuel, a pediatrician and a religious minister, has a history of making bizarre claims about medical topics and other issues. She has often claimed that gynecological problems like cysts and endometriosis are in fact caused by people having sex in their dreams with demons and witches.

She alleges alien DNA is currently used in medical treatments, and that scientists are cooking up a vaccine to prevent people from being religious. And, despite appearing in Washington, D.C. to lobby Congress on Monday, she has said that the government is run in part not by humans but by “reptilians” and other aliens.

Immanuel gave her viral speech on the steps of the Supreme Court at the “White Coat Summit,” a gathering of a handful of doctors who call themselves America’s Frontline Doctors and dispute the medical consensus on the novel coronavirus. The event was organized by the right-wing group Tea Party Patriots, which is backed by wealthy Republican donors.

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