Wednesday Reads

Good Day!!

There is quite a bit of news happening today. The top stories involve the Supreme Court, abortion, Hunter Biden, and the phony “impeachment” of President Biden by a bunch of Republican idiots. Here goes:

The Supreme Court has agreed to hear two troubling cases, one involving access to early abortions, and another that could affect January 6th cases.

The Washington Post: Supreme Court will decide access to key abortion drug mifepristone.

The Supreme Court will decide this term whether to limit access to a key abortion drug, returning the polarizing issue of reproductive rights to the high court for the first time since the conservative majority overturned Roe v. Wade last year.

230421083228-mifepristone-file-041323The Biden administration and the manufacturer of mifepristone have asked the justices to overturn a lower-court ruling that would make it more difficult to obtain the medication, which is part of a two-drug regimen used in more than half of all abortions in the United States. Oral arguments will likely be scheduled for the spring, with a decision by the end of June, further elevating the issue of abortion, which has proven galvanizing for Democrats, during the 2024 campaign season.

The justices will review a decision fromthe conservative U.S. Court of Appeals for the 5th Circuit that said the Food and Drug Administration did not follow proper procedures when it began loosening regulations for obtaining the mifepristone, which was first approved more than 20 years ago. The changes made over the last few years included allowing the drug to be taken later in pregnancy, to be mailed directly to patients and to be prescribed by a medical professional other than a doctor.

Medications to terminate pregnancy, which can be taken at home, have increased in importance over the last 18 months, as more than a dozenstates severely limited or banned abortions following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization.

Read more at the WaPo link.

NBC News: Supreme Court agrees to hear Jan. 6 case that could affect Trump prosecution.

The Supreme Court on Wednesday agreed to hear an appeal brought by a man charged with offenses relating to the Jan. 6, 2021, assault on the U.S. Capitol in a case that could have a major impact on the criminal prosecution of former President Donald Trump.

The justices will hear a case brought by defendant Joseph Fischer, who is seeking to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory, which was disrupted by a mob of Trump supporters.

Two other Jan. 6 defendants, Edward Lang and Garret Miller, brought similar appeals, the outcome of which will be dictated by the Supreme Court’s ruling in Fischer’s case.

Fritz Ulrich, a federal public defender representing Fischer, said he was pleased that the court will clarify the scope of the law in question but had no further comment.

Trump has been charged with the same offense as well as others in his federal election interference case. The court’s decision to take up the issue, as well as the timing of its ultimate ruling, could therefore affect his case.

How the case against Trump could be affected:

It will take months for the justices to hear oral arguments and issue a ruling sometime during the court’s current nine-month term, which ends in June.

Trump’s lawyers could use the Supreme Court’s involvement as one opportunity to delay his election interference trial, which is scheduled to start in March.

Trump is the front-runner in the polls for the Republican presidential nomination, and any delay in his criminal trial in Washington would be to his benefit.

If Trump were to win the election in November, he would then be in a position to have the charges dismissed. If the case proceeds as scheduled in March and Trump were to be convicted, he could be sentenced before the election.

Read all the details at NBC News.

One more abortion story:

NBC News: Florida abortion rights activists win over Republicans in ballot measure push.

Jaymie Carter is a registered Republican.

She has been named by two Republican governors — first Rick Scott, then Ron DeSantis — to sit on the Board of Trustees for the State College of Florida, and she says she voted for DeSantis in his 2022 campaign for governor.

231212-florida-abortion-rights-se-556p-967933But when it comes to the issue of abortion, she’s breaking with her party.

“Women are concerned about what’s happening with our bodies and our right to choose. And there’s a lot of people that you wouldn’t think would be the pro-choice advocates, but they are,” she said. “And the government overreach, it’s huge right now.”

Carter is one of more than 150,000 registered Republican voters who have signed a petition in support of a ballot amendment that would bar the state from restricting abortion “before viability” — which is usually at 24 weeks — or “when necessary to protect the patient’s health.”

That total comes from the Florida Women’s Freedom Coalition, one of several groups working to gather the 891,523 signatures necessary to get the measure on the ballot, working with Floridians Protecting Freedom, the campaign leading the ballot initiative. The group says it has gathered and submitted more than 1.3 million signatures so far. The website of the Florida Division of Elections says it has validated 687,699 signatures as of mid-December.

Florida is one of nine states where groups are pushing to get measures on the ballot that would bar restrictions on abortion rights, following a streak of wins for similar measures in Kansas and Ohio.

And as the Feb. 1 deadline to get the petitions submitted and verified approaches in Florida, some Republican voters are coming out publicly to support and even advocate for it.

Very interesting. I wonder if Ron DeSantis has heard about this yet?

This is the day that House Republicans ordered Hunter Biden to undergo a behind-closed-doors deposition. In a surprise move, Biden held an impressive press conference, in which he reiterated his willingness to answer questions at a public hearing.

Luke Broadwater at The New York Times: Hunter Biden, Defying Deposition Subpoena, Again Offers Public Testimony.

Hunter Biden, the president’s son, appeared on Capitol Hill on Wednesday morning to offer to publicly testify in House Republicans’ impeachment investigation into his father, though he insisted he would not appear for a private deposition they scheduled over his refusals.

The younger Mr. Biden, who has been served a subpoena to testify, spoke to reporters in a hastily called news conference outside the Capitol near the Senate, across the complex from a House office building where Republican lawmakers were waiting to question him behind closed doors.

“I am here,” Mr. Biden said. “Let me state as clearly as I can: My father was not involved in my business.”

“There is no evidence to support the allegations my father was involved in my business because it did not happen,” he added.

The younger Mr. Biden has objected to providing private testimony, saying he fears Republicans will selectively leak his remarks and try to distort what he says. He has repeatedly proposed that he appear at a public hearing instead to answer their questions.

“They have lied over and over,” Mr. Biden said of Republicans.

Republicans have threatened to hold him in contempt of Congress if he does not comply.

Jacqueline Alemany and Matt Viser at The Washington Post: Ahead of House GOP vote on impeachment inquiry, Hunter Biden defies subpoena.

Hunter Biden will not appear for a closed-door deposition Wednesday, defying a subpoena from House Republicans who are investigating the Biden family’s finances.

“I’m here to testify at a public hearing today,” Hunter Biden said in a statement outside of the Capitol on Wednesday morning. “Republicans do not want an open process where Americans can see their tactics … or hear what I have to say.” [….]

hunter_biden_AP_23312563019935_NAT_1205

Hunter Biden

Hunter Biden maintained that he would answer questions only in a public hearing. His legal team has pointed to past comments in which House Oversight Committee Chairman James Comer (R-Ky.) all but dared Hunter Biden to testify — publicly or privately — and the team has said they don’t trust House Republicans not to selectively leak his testimony.

“For six years I’ve been targeted by the unrelenting Trump Machine asking ‘where’s Hunter,’” Hunter Biden said. “Here’s my answer: I am here.”

Comer over the past two weeks has rebuffed Hunter Biden’s offer to publicly testify before the committee, and Republicans on Wednesday vowed to move expeditiously to initiate proceedings to hold him in contempt of Congress for defying their subpoena.

Hunter Biden “does not get to dictate the terms of the subpoena,” Comer told reporters outside of an empty hearing room where Hunter Biden was scheduled to be deposed. Pressed about whether he has found evidence that President Biden had engaged in wrongdoing or criminal conduct, Comer said he had found “some very serious evidence,” before citing two examples of banking records he has repeatedly mischaracterized.

The fake charges against President Biden:

The foundation of the impeachment inquiry, outlined by Judiciary Committee Chairman Jim Jordan (R-Ohio) in a briefing with reporters last week, rests on an unsubstantiated accusation that has become the linchpin of allegations regarding the Biden family’s purported corrupt and criminal conduct.

downloadRepublicans allege that Joe Biden as vice president pushed for the firing of Ukraine’s top prosecutor, Viktor Shokin, to quash a probe into the former owner of Burisma, the Ukrainian gas company where Hunter Biden sat on the board. That allegation has been widely refuted by former U.S. officials, as well as Ukrainian anti-corruption activists.

As part of the inquiry, House Republicans also have elevated claims that the Biden administration slowed a Justice Department investigation into Hunter Biden’s financial background, but that testimony has been repeatedly disputed by officials involved in the case.

“There is no fairness or decency in what these Republicans are doing. Their false facts have become the beliefs of too many people,” Hunter Biden said Wednesday.

“They have taken the light of my dad’s love for me and presented it as darkness,” he continued. “They have no shame.

Jonathan Chait at New York Magazine: We Were Told Biden Is Secretly Running the DOJ. Why Is His Son Being Charged?

It has long been an article of faith on the right that Attorney General Merrick Garland is prosecuting Donald Trump because President Biden wants him to. Even the Trump-skeptical corners of the conservative media casually assert, without bothering to supply any evidence for the charge, that Biden is behind the DOJ investigations.

“Biden Justice Department officials and Democratic prosecutors are currently trying to put the other side’s leading contender for the White House in jail … The vapors over Trump saying he’s going to target his enemies,” argues National Review editor-in-chief Rich Lowry, “is rich coming from people who have targeted their enemy by any means necessary for years now.”

“Meantime, a Justice Department special counsel has filed trumped-up charges against Mr. Trump for allegedly defrauding the U.S. … writes Wall Street Journal columnist Allysia Finley, “Abuse executive power. Ignore the law. Run roughshod over individual liberties. Retaliate against political opponents. Mr. Biden and his allies have done exactly what they warn Mr. Trump will do if he returns to the White House.”

You’d think those conservatives might be questioning this assumption, now that Garland’s Justice Department is prosecuting Joe Biden’s son for tax evasion. But no, they’re just pretending it isn’t happening.

There was never any basis for the charge that Garland is working at Biden’s behest. Garland is well-respected by legal types in both parties — that’s why Barack Obama thought he was the only Supreme Court nominee who stood any chance of confirmation by a Republican Senate in 2016 — and received 70 votes for his confirmation.

Unlike Trump, who repeatedly demanded his attorneys general prosecute his enemies and let his criminal buddies go free, and made these demands privately with even more corrupt intent, there is zero public evidence or reporting to suggest Biden has improperly tried to influence Garland’s decisions.

What’s more, the two Justice Department cases against Trump both flow directly from publicly identifiable sources. Trump is being charged in the documents case because the National Archive asked him to return government property, he refused, and then covered up his crimes when the FBI came looking. The January 6 case comes directly out of an investigation by a House committee that turned up damning evidence….

Indeed, the president is angry with his attorney general. “Biden’s relationship with Garland — which was already tense — has become more frigid amid Biden’s frustration at the lengthy criminal investigation and now prosecution of Hunter by the Justice Department,” reports Alex Thompson, “People close to Biden also have fumed at Garland for appointing a special counsel in August.” Thompson also reports, “One person close to the president unflatteringly compared Garland to the former FBI director James Comey, claiming they both have been obsessed with the appearance of having integrity rather than just trying to make the right decision.”

Read the rest at the link.

The accusers: Jim Jordan and James Comer

The accusers: Jim Jordan and James Comer

The New York Times: House Set to Approve Biden Impeachment Inquiry as It Hunts for an Offense.

The Republican-led House is on track to approve a formal impeachment inquiry into President Biden on Wednesday, pushing forward with a yearlong G.O.P. investigation that has failed to produce evidence of anything approaching high crimes or misdemeanors.

Republicans say the vote, which is expected in the evening, is needed to give them full authority to carry out their investigations amid anticipated legal challenges from the White House. Democrats have denounced the inquiry as a fishing expedition and a political stunt.

G.O.P. leaders refrained for months from calling a vote to open an impeachment inquiry, given the reservations of mainstream Republicans, many of them from politically competitive districts, about moving forward without proof that Mr. Biden did anything wrong. But the political ground has shifted considerably, and most of them are now willing to do so, emphasizing that they are not yet ready to charge the president.

“Voting in favor of an impeachment inquiry does not equal impeachment,” Representative Tom Emmer of Minnesota, the No. 3 House Republican, said at a news conference on Tuesday. “We will continue to follow the facts wherever they lead, and if they uncover evidence of treason, bribery or other high crimes and misdemeanors, then and only then will the next steps towards impeachment proceedings be considered.”

Read more at the NYT. I guess we’ll learn later today if the Republicans have the votes for their impeachment inquiry without a shred of evidence to support it.

More stories worth checking out today:

AP: Biden takes a tougher stance on Israel’s ‘indiscriminate bombing’ of Gaza.

The New York Times: Top Court Clears Path for Democrats to Redraw House Map in New York.

Reuters: US agency will not reinstate $900 mln subsidy for SpaceX Starlink unit.

The New York Times: In a First, Nations at Climate Summit Agree to Move Away From Fossil Fuels.

Shan Wu at The Daily Beast: Trump, Elon Musk, and Billionaire ‘Populists’ Threaten Democracy and Freedom.


Lazy Caturday Reads

Happy Caturday!!

michael-peter-ancher-sunday-afternoon-in-a-fisher-familys-house.-a-young-girl-reading

Michael Peter Ancher, Sunday afternoon in a fisher family’s house, a young girl reading.

Dakinikat provided us with plenty of scream-worthy news yesterday, so I’m going to try to find a few more upbeat stories today. Wish me luck.

First up, I looked around for cat news, and I found a heart-warming story about a lost cat and the dog who saved his life. BBC News: Dog leads owner to cat stuck 100ft down Cornish mine shaft.

A lucky cat was rescued by firefighters after falling 100ft (30m) down a mineshaft in Cornwall – and it was all thanks to a quick-thinking dog.

After six days of searching, Mowgli’s owner Michele Rose said she had “almost given up hope” of finding her missing pet.

But she said she saw her dog Daisy “going berserk”, running in and out of woods near their home in Harrowbarrow.

Daisy’s intervention led to the rescue of her feline friend, Ms Rose said.

Daisy guided her along a footpath toward the Prince of Wales old mine workings, she said, before “stopping dead in her tracks” next to the mineshaft.

“Daisy is a superstar, she’s an amazing dog.

“Without Daisy doing that Mowgli could still be down there, that’s for sure,” Ms Rose said.

“She was persistent in making me follow her, it was amazing.”

The RSPCA and Cornwall Fire and Rescue were called but it was “too dark” on the first night to access the mineshaft, the RSPCA said.

The next morning the team, led by RSPCA animal rescue officer Stephen Findlow, spotted Mowgli, who was 100ft down – but remarkably uninjured – and he was pulled to safety.

The family has another cat, Baloo, who greeted Mowgli after he was pulled up.

Ms Rose said she adopted kittens Mowgli and Baloo in December 2022 and oversaw a gentle introduction to Daisy, who was already resident.

She added: “Daisy was already a year old when the kittens arrived and they have all been inseparable ever since.

“She is quite matriarchal and puts up with them, they love her and she’s very protective of them.”

Here’s a story about cats being “crime fighters.” The Chicago Tribune, via Police1.com: Ill. PD to expand program ‘deputizing’ feral cats to contain city’s rat population.

NILES, Ill. — Police in Niles, Illinois — a suburb of Chicago — expressed satisfaction with a pilot program begun in August to “deputize” five feral cats to control the rat population, a police official told Pioneer Press. Now, the department says it is looking to extend the program.

The cats have lived around the 7800 block of Nordica Avenue for about three years under the care of a resident. The Niles police department recruited the cats because they are a natural deterrent to rats, according to Niles Police.

Earlier in the year, Niles officials passed a wildlife ordinance to curb rat problems in the village. According to the village’s website, the Community Development Department tracks and investigates rat complaints and inspects alleys and properties. The department gives out free rat traps to residential properties.

By James Pelham, 1800s

By James Pelham, 1800s

Niles Police Sergeant Dan Borkowski told Pioneer Press through email that the department reviewed complaint data from the Development Department and resident feedback and decided to continue and expand the feral cat program. Borkowski said the department had yet to determine where the cats will be placed because it’s contingent on cat availability and host families to take care of the cats.

Borkowski said they would keep the cats in a more defined territory. The village’s animal control officer gave Sarwat Hakim, the resident who has been watching over the feral cats, three makeshift, tarped shelters for the felines….

Hakim said the cats usually stay in the neighborhood or head off into the forest preserves, where they hunt for rats.

Hakim said before the cats were in the neighborhood, she used to see a lot of rats and rat traps. She hasn’t seen a rat trap in the neighborhood for about a year, which she is a fan of because she worries about kids potentially playing with them.

Hakim said she started caring for one feral cat three years ago when it kept returning for food. The cat gave birth to 15 cats, most of which were put up for adoption, with four of the cats staying behind.

“They’re so united you wouldn’t believe it,” said Hakim.

Hakim said she and her daughter-in-law feed the cats chicken in the morning, canned tuna for lunch and dinner, with cat food, both dried and canned, served as a snack. The cats also like to drink milk, she said.

“I hope nobody harms them and lets them stay because they’re benefiting us getting rid of the rats,” she said.

I suppose I should find some politics news.

The Washington Post’s Philip Bump has a great piece about Rep. James Comer. (He’s the guy who wants to impeach President Biden for lending money to his brother.): The political perils of taking James Comer’s word for it.

One can think of the claims presented by House Oversight Committee Chairman James Comer (R-Ky.) as though they are the experiments of a ninth-grade physics class.

The assignment is simple: Build a contraption that will ensure an egg survives a fall from the roof of the school. So Comer and his friends get together and sketch out little parachutes and agree that the parachutes will work great and talk about how cool the different little parachutes are.

They build the parachutes and take them over to Fox News’s desk and Fox News takes the eggs and puts them in the parachute and holds it one hand over the other and lets go: the egg survived! What a parachute! Going to hype this parachute for a few days until you come up with a new one.

Sometimes, though, Comer or one of his buddies has to take the egg to the actual roof. Maybe Comer thinks some of the parachutes will actually work; probably he knows that a lot of them won’t. But either way, the teacher holds them over the edge of the building and subjects them to reality.

Ssssssssssplat. Over and over and over again. Different eggs and different parachutes but the same result.

Thanks to his incessant chatter about his parachutes and how cool they are, Comer has — despite this pattern — built a reputation with his peers as a really great parachute-maker. A lot of them have only heard Comer talk about his parachutes or have only seen the Fox News tests of the parachutes, so they really think he’s got it, he’s a master of Newtonian physics. Asked to head to the roof for their own tests, they simply grab the parachutes that Comer’s made. Bad move.

So what happened when another Republican Congressman tried to use Comer’s “evidence” in a non-Fox appearance?

On Thursday morning, Rep. Greg Murphy (R-N.C.) put some to the test. Murphy appeared on CNN to discuss subpoenas issued by Comer’s Oversight Committee to President Biden’s son Hunter and the president’s brother, James Murphy sits on the House Ways and Means Committee, which, along with Oversight and Rep. Jim Jordan’s (R-Ohio) Judiciary Committee, is tasked with leading the stalled impeachment investigation into the president.

Murphy was asked by host John Berman whether he would vote to hold the Bidens in contempt should they not comply with the subpoena. “Absolutely,” Murphy replied. Then he got out the parachute.

WC Mills, Gentleman in a top hat reading with his cat beside him

WC Mills, Gentleman in a top hat reading with his cat beside him

“You know, here’s the deal, John,” he said with the confidence of a guy who has never seen Comer’s physics experiments at work. “It’s very, very clear. Why … would Hunter and Jim create 20 shell companies to not — to be legal? We’ve seen time and time again — and Representative Comer has proved this — there was money, influencing peddling that Biden had during his last couple of years as vice president. And then after, right afterwards, they wanted to gain the money back.”

Sssssssssplat.

Comer likes to talk about the “shell companies,” ignoring that a number are simply corporate entities like one that serves as the structure for Hunter Biden’s law firm and another that’s a consulting company he ran. The Washington Post examined each of these “20 shell companies” finding that — despite Murphy’s insinuations — they were created because this is how business structures often work. (Comer tends not to talk about the much more extensive web of corporations controlled by the Trump Organization, which might have given Murphy pause.)

What happened when Murphy tried to explain what Joe Biden did that was criminal?

Comer also has not by any stretch proved that there was influence peddling by Joe Biden. That’s the crux of what he wants to prove and what his investigations are pointed toward. He’s shown, with an abundance of evidence, the already-obvious efforts by Hunter Biden to leverage his last name as he sought out business deals — but has also accrued numerous sworn statements from former Hunter Biden partners that Joe Biden wasn’t involved in the effort. (Among those drawing that line was Devon Archer.)

Berman, however, took the conversation in a different direction. He asked Murphy why he’d vote to hold Hunter or James Biden in contempt when he voted against holding former Trump adviser Stephen K. Bannon in contempt in 2021 after Bannon failed to provide testimony to the House select committee investigating the Jan. 6 riot at the Capitol.

“Well, I think it’s a little bit different when you have a president of the United States,” he said. “We have somebody who’s not an elected official. You know, the president of the United States was selling his influence, his son was selling his influence—”

Berman interjected: “I don’t understand. We’re talking—”

“It’s a little bit different of standards, John, when you have somebody who’s in elected office,” Murphy continued, “versus somebody who’s not in elected office.”

Berman then asked what elected office Hunter Biden held. Oops!

Unfortunately for Rep. Comer, it turns out that he also lent money to his brother.

Roger Sollenberger at The Daily Beast: James Comer, Like Joe Biden, Also Paid His Brother $200K.

House Oversight Committee chair James Comer (R-KY) on Wednesday subpoenaed President Joe Biden’s brother, James Biden, who Comer has implicated in unsubstantiated allegations of “shady business practices” in the Biden family.

Comer has in particular been trying to make hay out of two personal loan repayments from James Biden to his brother, for $40,000 and $200,000—with all transactions occurring in 2017 and 2018, when Joe Biden was neither in office nor a candidate.

Escha van den Bogerd

By Escha van den Bogerd

But if Comer genuinely believes these transactions clear the “shady business practices” bar, he might want to consider a parallel inquiry into his own family.

According to Kentucky property records, Comer and his own brother have engaged in land swaps related to their family farming business. In one deal—also involving $200,000, as well as a shell company—the more powerful and influential Comer channeled extra money to his brother, seemingly from nothing. Other recent land swaps were quickly followed with new applications for special tax breaks, state records show. All of this, perplexingly, related to the dealings of a family company that appears to have never existed on paper.

But unlike with the Bidens, Comer’s own history actually borders a conflict of interest between his official government role and his private family business—and it’s been going on for decades.

While Comer and House GOP allies have tried to cast the Biden transactions as evidence of unsavory and possibly impeachable offenses, multiple news organizations—including CNNThe Wall Street JournalFactCheck.org, and the conservative-leaning Washington Examiner—have all thrown cold water on the notion that the payments are evidence of anything other than a brother helping a brother.

Click the link to read the rest.

Speaking of conflicts involving people holding high-level positions, The Washington Post’s Ruth Marcus has an op-ed about serious ethics issues for Clarence and Ginni Thomas: The Crystal Clanton case shows a system failure.

Well, so much for getting to the bottom of the story of Crystal Clanton, the judicial law clerk accused of sending racist texts. And so much for all the talk about having Supreme Court justices abide by the code of conduct that covers other federal judges. In this case, at least, the mechanism to enforce that code turned out to be toothless. The judicial discipline system is better at self-protection than self-policing.

To review: Clanton is a protégé of Justice Clarence Thomas and Ginni Thomas. She met Ginni Thomas while working at the conservative youth group Turning Point USA. Her employment was terminated in 2017 after the New Yorker’s Jane Mayer unearthed texts apparently sent by Clanton: “I HATE BLACK PEOPLE. Like f— them all … I hate blacks. End of story.” Clanton told Mayer in an email that “I have no recollection of these messages and they do not reflect what I believe or who I am and the same was true when I was a teenager.” (Clanton was 20 when the texts were sent in 2015, and evidence suggests that this was not an isolated episode).

After leaving Turning Point, Clanton went to work for Ginni Thomas and lived in the Thomas’s home for almost a year. She attended George Mason University’s Antonin Scalia Law School and, with enthusiastic backing from Clarence Thomas, secured one of the most prestigious judicial clerkships in the country, for William H. Pryor Jr., chief judge of the U.S. Court of Appeals for the 11th Circuit. Pryor, a reliable “feeder” of clerks to Thomas and other conservative justices, recommended Clanton for a district court clerkship, with Judge Corey Maze of Alabama, before she joined his chambers.

girl-with-cat-merle-keller

Girl with cat, by Merle Keller

And she appears to be en route to the high court. “It is certainly my intention to consider her for a clerkship should she perform as I expect and excel in her clerkships,” Thomas has written.

When the news of Clanton’s clerkships surfaced in 2021, Democrats on the House Judiciary Committee filed an ethics complaint; the matter was assigned to the 2nd Circuit to handle. Chief Judge Debra Ann Livingston dismissed the complaint without even appointing a special committee to look into the facts, as provided for under the rules and suggested by the 11th Circuit judge who conducted the initial review.

Livingston did not examine the underlying question of whether Clanton sent the racist texts. Rather, she found only that Pryor and Maze “performed all of the due diligence that a responsible judge would undertake” before hiring Clanton. The judges, she said, were “in possession of information that the allegations were false — that the anonymous sources relied on in the media accounts were not trustworthy,” and that “they have been repeatedly informed that the allegations of racist text messages and remarks are not true.”

In fact, there were on-the-record sources and screen shots of the texts. Turning Point spokesman Andrew Kolvet confirmed to me that Clanton was “terminated from Turning Point after the discovery of problematic texts.”

There’s much more at the link.

Of course, creepy news keeps breaking about the new Speaker of the House, Mike Johnson. Tori Otten at The New Republic: Why Is Mike Johnson Flying a Christian Nationalist Flag Outside His Office?

House Speaker Mike Johnson has three flags hanging outside his office: the American flag, the Louisiana state flag, and a flag representing a movement that wants to turn the United States into a religious Christian nation.

Normal stuff, you know?

The flag is white with a green evergreen tree in the middle and the phrase “An Appeal to Heaven” at the top. A report published Friday by Rolling Stone confirmed that the flag is outside his district office in Washington.

The flag was originally used as a banner during the Revolutionary War, but over the past decade, it has been embraced by a sect of Christianity called the New Apostolic Reformation, or NAR. A central tenet of NAR’s belief system is that it is God’s will for Christians to take control of all aspects of U.S. society—including education, arts and entertainment, the media, and businesses—to create a religious nation.

The NAR fully embraced Donald Trump when he announced he was running for office, endorsing him early on and helping endear him to other Christian movements. As a result, the Appeal to Heaven flag has become popular among Trump supporters.

The flag has appeared in photos of far-right politicians and election deniers such as Doug Mastriano, the Trump-endorsed candidate for Pennsylvania governor. Mastriano lost to Democrat Josh Shapiro.

The flag was also everywhere at the January 6 insurrection. Rolling Stone estimated that there may have been hundreds of Appeal to Heaven flags throughout the mob.

It should not be surprising that Johnson subscribes to the NAR belief system. He has a well-documented history of opposing abortion access, LGBTQ rights, and environmental policy on the grounds that they are non-Christian.

But it’s upsetting and deeply concerning that he is able to embrace it so openly without so much as a slap on the wrist. What’s more, Rolling Stone’s revelation comes just days after the House of Representatives censured Rashida Tlaib for her comments about Israel and Palestine.

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Man reading with cat, by Gustaf Dalstrom

One more politics story about the Democratic Mayor of New York City. The New York Times: F.B.I. Seizes Eric Adams’s Phones as Campaign Investigation Intensifies.

F.B.I. agents seized Mayor Eric Adams’s electronic devices early this week in what appeared to be a dramatic escalation of a criminal inquiry into whether his 2021 campaign conspired with the Turkish government and others to funnel money into its coffers.

The agents approached the mayor after an event in Manhattan on Monday evening and asked his security detail to step away, a person with knowledge of the matter said. They climbed into his S.U.V. with him and, pursuant to a court-authorized warrant, took his devices, the person said.

The devices — at least two cellphones and an iPad — were returned to the mayor within a matter of days, according to that person and another person familiar with the situation. Law enforcement investigators with a search warrant can make copies of the data on devices after they seize them.

A lawyer for Mr. Adams and his campaign said in a statement that the mayor was cooperating with federal authorities, and had already “proactively reported” at least one instance of improper behavior….

The surprise seizure of Mr. Adams’s devices was an extraordinary development and appeared to be the first direct instance of the campaign contribution investigation touching the mayor. Mr. Adams, a retired police captain, said on Wednesday that he is so strident in urging his staff to “follow the law” that he can be almost “annoying.” He laughed at the notion that he had any potential criminal exposure.

The Mayor’s attorney says that Adams is not personally under investigation. We’ll see, I guess.

The federal investigation into Mr. Adams’s campaign burst into public view on Nov. 2, when F.B.I. agents searched the home of the mayor’s chief fund-raiser and seized two laptop computers, three iPhones and a manila folder labeled “Eric Adams.”

The fund-raiser, a 25-year-old former intern named Brianna Suggs, has not spoken publicly since the raid.

Mr. Adams responded to news of the raid by abruptly returning from Washington, D.C., where he had only just arrived for a day of meetings with White House and congressional leaders regarding the migrant influx, an issue he has said threatens to “destroy New York City.”

On Wednesday, he said his abrupt return was driven by his desire to be present for his team, and out of concern for Ms. Suggs, who he said had gone through a “traumatic experience.” [….]

The warrant obtained by the F.B.I. to search Ms. Suggs’s home sought evidence of a conspiracy to violate campaign finance law between members of Mr. Adams’s campaign, the Turkish government or Turkish nationals, and a Brooklyn-based construction company, KSK Construction, whose owners are originally from Turkey. The warrant also sought records about donations from Bay Atlantic University, a Washington, D.C., college whose founder is Turkish and is affiliated with a school Mr. Adams visited when he went to Turkey as Brooklyn borough president in 2015.

I guess we’ll learn more as time goes on.

I hope everyone has a great Caturday and Veteran’s Day weekend!!


Lazy Caturday Reads With Trucker Cats

Happy Caturday!!

Percy, the trucker cat, Paul Robertson

Percy the trucker cat, photo by Paul Robertson

Dakinikat turned me on to the world of truck drivers who have cat companions along for the ride. Here’s an article that discusses the phenomenon. CharityPaws.com: Trucker Cats May Be The Coolest Cats!

For what it’s worth, having a pet is hard work.

Love is easy enough to provide while on the road – but food, water, space, and entertainment are all needs too, and sometimes hard to come up with.

In the case of dogs especially, playtime is the hardest need to fill for truckers. After several hour-long walks, a game of tug-of-war, and an afternoon in the sun spent playing fetch, who wouldn’t be tired? But for truckers this can be time consuming and delay important deliveries!

That’s why many truckers have turned to cats as the solution for those lonely road trips. Trucker cats are the coolest cats with their chill laid back personalities and ability to make truckers feel awesome. They also have some great hearing which is why the made it to our list of “what animal has the best hearing” list. Having a companion with good hearing on board can help you find critters that may sneak around while you are sleeping or even alert you to danger!

With most of their time spent on the road in a little truck cab, cats are the perfect companion for truckers– and here’s some of the best reasons why according to one trucker’s resource:

  • Cats are low-maintenance: they eat less than their canine counterparts, take up less room, and don’t need as much playtime.
  • They’re loving and affectionate: cats are just as sweet as any other animal, once they have a chance to warm up to you.
  • They’re obedient, and trainable: cats can do tricks and walk on leashes, with the proper time and training!
  • They’re protective: though not as scary as a dog, cats are perfectly capable of altering truckers if something looks, sounds, or even smells off.

Other reasons topping truckers’ lists include cleanliness, cuteness, and the fact that having a cat in a truck is a pretty good conversation starters. Some even say that having a feline friend is a constant reminder to drive and act safely during the long haul. They are also incredibly loyal as shown by the Room 8 cat – and having that kind of loyalty on the road will make any trucker feel amazing!

Read more at the link above.

Here’s a video about trucker cats, posted on YouTube by Cheezburger.

Long Read: Are Americans Experiencing Collective Trauma?

I want to call your attention to an excellent, but very long read in The New Republic by Anna Marie Cox: We Are Not Just Polarized. We Are Traumatized. Subhead: “The pandemic. The mass shootings. Insurrection. Trump. We’ve been through so much. What if our entire national character is a trauma response?”

This is a very long piece, so I’m just going to give you some samples to help you decide if you want to tackle reading the whole thing.

As of last year, four in 10 Americans knew at least one person who died from Covid. This year, three in 10 Americans say they know someone who has been affected by an opioid addiction, and one in five knows someone who’s died from a painkiller overdose. In 2022, more than three million adults were displaced by some form of natural disaster—that’s more than three times as many displaced per year between 2008 and 2021. Last year, some cities saw a 50 percent increase in evictions over pre-pandemic levels. One in five knows someone who’s died due to gun violence; one in six has witnessed a shooting; 21 percent have been personally threatened by a gun. Half of Americans know someone personally who has experienced at least one of those events.

After Trump’s “grab her by” tape became public, calls to the national sexual assault hotline jumped up by 35 percent (as Michelle Goldberg observed, Trump was a walking trigger for assault survivors). During the Brett Kavanaugh hearings, calls to the sexual assault hotline spiked 201 percent. Lockdown—the first two months of the pandemic—saw a rise in intimate partner violence of 101 percent, with the rate stabilizing at an increase of about 8 percent from pre-pandemic numbers as of 2022.

trucker-cat-percy, image credit Paul Robertson

Another photo of Trucker cat Percy, by Paul Robertson

And then there are the frontline workers and “essential personnel,” those who risked their lives for our safety and comfort during the spring of 2020. I assume that we agree health professionals faced trauma (and may well still). There are 22 million of them in the United States, and after the pandemic, 55 percent reported experiencing burnout, and three in 10 said they were now considering leaving the profession. The 55 million essential personnel who worked through the worst days of Covid suffered a similar toll: A year into the pandemic, the American Psychiatric Association found that 34 percent of essential workers had been treated by a mental health professional, 80 percent had trouble over- or under-sleeping, and 39 percent said they were drinking more alcohol than they had before….

These are traumas at the individual level in numbers so large that they demand national attention because there are national consequences—think of the nationwide therapist shortage and “the Great Resignation.”

So, what if the reason so many people identify as trauma survivors is that they are? What if the horrors of the last seven years do translate into a nation that is suffering more than mere political dysfunction? What if the polarization, paranoia, conspiracism, and hopelessness that bog us down have a more holistic origin than structural malfunctions or individual malfeasance?

What if our entire national character is a trauma response?

Before you say “bullshit,” remember: Cynicism is a trauma response.

Next Cox explores expert opinions about the concept of “collective trauma.”

The origin of the academic study of “collective trauma” has been credited to Kai Erikson’s 1977 bookEverything in Its Path, an account of the aftermath of the Buffalo Creek flood in Logan County, West Virginia, five years prior, which killed 125 people and destroyed 550 homes in a small mining community. In the book, Erikson writes of grappling with “thousands of pages of transcript material, whole packing boxes full of it,” that confounded him “not because the material is contradictory or difficult to interpret but because it is so bleakly alike.” He found respondents echoing one another to a frustrating degree, so much so that “a researcher is very apt to conclude after rummaging through these data that there is really not very much to say.” Eventually, however, he came to believe that the uniformity itself was meaningful; the damage done at Buffalo Creek was something more than a mere collection of individual harms.

Collective trauma, he wrote, means “a blow to the basic tissues of social life that damages the bonds attaching people together and impairs the prevailing sense of communality.” Collective trauma happens in slow motion, “A form of shock all the same…. ‘I’ continue to exist, though damaged and maybe even permanently changed. ‘You’ continue to exist, though distant and hard to relate to. But ‘we’ no longer exist as a connected pair or as linked cells in a larger communal body.”

Abdirahman Abdul and Aisha

Trucker Abdirahman Abdul and Aisha

In other words, the defining characteristic of collective trauma—and what makes it almost impossible to self-diagnose—is that people who have been through it no longer believe in the integrity of their community. How does anyone see themselves as a traumatized collective if no one feels that they belong?

So, pull back to the macro level. For a moment, put aside your or anyone else’s individual experience. Think of the country itself as a patient.

In the past seven years, the country has sustained significant, repeated damage to its institutions. The courts, elections, law enforcement, and so on are its vital organs. Trump has been punching America in the kidneys since he first floated the idea of a “rigged election.” January 6 was a heart attack. The musculature that is the justice system, well, it was always spasmodic. The murders of George Floyd, Breonna Taylor, and Ahmaud Arbery shocked many white people into awareness of our already dysfunctional law enforcement apparatus, and then the Dobbs decision drove home how easily the rights that support us can be yanked away. Were we ever really as strong as we thought?

The country was already weakened by Trumpism when the pandemic attacked our nervous systems more than figuratively. It cut away at the millions of tiny threads that knit up our towns and cities. Think of the loose social ties that grow from just seeing the same people at the grocery store (or the office) every day—think of the mail. Our national proprioception—our awareness of where our parts are in relation to one another—deteriorated. Our creaky supply chain is another symptom of this disconnect. So is “you’re on mute.”

I won’t quote any more, but these excerpts are just from the introductory part of the article. Cox later demonstrates with examples how the notion of trauma can apply to our collective experience as a nation. There is so much in the piece, that I wonder if Cox is planning to turn it into a book.

I’m not sure how the MAGA world fits into this hypothesis, but after my reading about the traumas of Appalachia–from poverty, drugs, unemployment, and breakdown of families (see my Wednesday post), I wonder if an argument could be made that the attraction to Trump as powerful father figure could also have arisen out of trauma. At any rate, I highly recommend this article.

Other Stories to Check Out

NBC News: Special counsel asks for ‘narrow’ gag order for Trump in election interference case.

Citing threats against individuals former President Donald Trump has targeted, special counsel Jack Smith has asked a federal judge for a narrowly tailored gag order that restricts the 2024 presidential candidate from making certain extrajudicial statements about the election interference case brought against him.

A redacted copy of a government filing — released Friday, after an order from U.S. District Judge Tanya Chutkan — comes in connection with the election interference case, one of four criminal cases the former president is facing, two of which are federal.

“The defendant has an established practice of issuing inflammatory public statements targeted at individuals or institutions that present an obstacle or challenge to him,” the special counsel’s office wrote.

Whispur and DanDan, photo by Whispurer on Reddit

Whispur and DanDan, photo by Whispurer on Reddit

The government said Trump “made clear his intent to issue public attacks related to this case when, the day after his arraignment, he posted a threatening message on Truth Social.”

Trump’s Aug. 4 post read: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

Trump, the office wrote, “has made good on his threat,” spreading “disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the Court, prosecutors, and prospective witnesses.

“Like his previous public disinformation campaign regarding the 2020 presidential election, the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution—the judicial system—and to undermine confidence in and intimidate individuals—the Court, the jury pool, witnesses, and prosecutors,” the prosecutors wrote.

Naturally, Trump responded publicly to the filing:

At an event in Washington, Trump made his first public remarks on the filing by attacking Smith, arguing that the special counsel “wants to take away my rights under the First Amendment, wants to take away my right of speaking freely and openly.”

Steven Cheung, a spokesperson for the Trump campaign, responded earlier Friday by calling the filing “nothing more than blatant election interference because President Trump is by far the leading candidate in this race.”

Alan Feuer and Charlie Savage at The New York Times: Special Counsel Obtained 32 Private Messages From Trump’s Twitter Account.

The federal prosecutors who charged former President Donald J. Trump with a criminal conspiracy over his attempts to overturn the 2020 election obtained 32 private messages from his Twitter account through a search warrant this winter as part of their investigation, court papers unsealed on Friday said.

Questions have lingered about what prosecutors were looking for in Mr. Trump’s Twitter account ever since it was revealed last month that the government had served the warrant on Twitter in January. In an earlier release of documents, prosecutors disclosed that they had obtained some private messages from Mr. Trump’s account but not how many.

The 32 messages, whose content has not been disclosed, were only a small fraction of the larger body of data that Twitter was forced to turn over under the terms of the warrant, the new court papers said. Much of the legal wrangling over the matter focused on the Justice Department’s demand that Twitter, purchased last year by Elon Musk and now known as X, not inform Mr. Trump of the search warrant.

Mr. Trump’s posts on the platform in the chaotic months after the election were mentioned several times in the indictment that the special counsel, Jack Smith, filed against him in Washington last month. What remains unclear is whether Mr. Smith’s team sought the warrant for Mr. Trump’s account merely to confirm that he had posted the messages that appeared in public, or whether they suspected that some private data in the account might also be important.

What were investigators looking for in the private messages?

The newly unsealed documents — an exhaustive record of the legal fight between Twitter and the Justice Department over whether to hide the execution of the warrant from Mr. Trump — added a few new details about what the government may have been seeking.

Waylon-the-Trucker-Cat, by owner Nick

Waylon the Trucker Cat, photo by owner Nick

For example, the materials showed that prosecutors wanted to learn if there were other accounts that Mr. Trump had been logging into from the same internet address he used for his Twitter account, which during his presidency was a main channel for his public statements. But it was not clear whether looking for other accounts was merely a routine step or whether investigators had a specific reason to be asking.

The new materials — unsealed at the request of a coalition of news media organizations, including The New York Times — opened a broader window into the back and forth between the special counsel’s office and Twitter. The dispute touched on how to balance the government’s need to protect a sensitive investigation with the social media company’s desire to be transparent with its most famous user.

The documents were particularly sharp in describing Mr. Trump’s repeated attempts to obstruct federal inquiries — an argument that prosecutors used in securing permission from a judge in Washington not to tell the former president for months that they had obtained the warrant for his account.

In detailing Mr. Trump’s “pattern of obstructive conduct,” the new papers cited his attempts to interfere with the special counsel’s other inquiry — one in which the former president stands accused of illegally holding on to dozens of classified documents after leaving office.

Read more at the NYT.

ABC News: Hunter Biden’s lawyer says gun statute unconstitutional, case will be dismissed.

The attorney for President Joe Biden’s son Hunter Biden, who is facing felony gun charges, said Friday that the statute is “likely unconstitutional” and he expects “the case will be dismissed before trial.”

“On the facts, we think we’ll have a defense,” Abbe Lowell told ABC News’ George Stephanopoulos in an interview on “Good Morning America.”

The younger Biden has been indicted by special counsel David Weiss on three felony gun charges, bringing renewed legal pressure on him after a plea agreement he struck with prosecutors imploded in recent months.

The conduct described in the indictment dates back to October 2018, when Hunter Biden procured a Colt Cobra 38SPL despite later acknowledging that he was addicted to drugs around that time.

While the criminal statutes cited in the indictment are clear — it is a crime to lie on a gun application form or to possess a firearm as a drug user – Hunter Biden’s attorney suggested that the charges could be unconstitutional, citing a recent appeals court ruling that drug use alone should not automatically prevent someone from obtaining a gun.

“The only change that has occurred between when they investigated [this alleged crime] and today is that the law changed,” Lowell said. “But the law didn’t change in favor of the prosecution. The law changed against it.”

With Republicans launching an impeachment inquiry on Capitol Hill, Lowell suggested that political pressure on prosecutors played into their decision, questioning the timing of the charges in light of revelations from whistleblowers about the investigation.

No kidding. The political pressure from right wing Congresspeople has been off the charts. And Special Counsel David Weiss himself was appointed by Bill Barr after political pressure from Donald Trump.

CNN: Justice Jackson implores Americans to ‘own even the darkest parts of our past’ in speech commemorating 60th anniversary of 16th Street Baptist Church bombing.

Supreme Court Justice Ketanji Brown Jackson on Friday implored Americans to “own even the darkest parts of our past” in a speech commemorating 60 years since the deadly 16th Street Baptist Church bombing.

“History is also our best teacher. Yes, our past is filled with too much violence, too much hatred, too much prejudice. But can we really say that we are not confronting those same evils now?” Jackson said at the church in Birmingham, Alabama.

Photo by abbenquesnel on flicker

Trucker cat, photo by abbenquesnel on flicker

“We have to own even the darkest parts of our past, understand them and vow never to repeat them. We must not shield our eyes. We must not shrink away lest we lose it all,” she said.

The justice didn’t invoke a particular case, but as a whole her speech nodded to efforts targeting the teaching of critical race theory in schools and books about the struggle for racial equality and other topics.

“If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth or history. It is certainly the case that parts of this country’s story can be hard to think about,” she said. “I know that atrocities like the one we are memorializing today are difficult to remember and relive. But I also know that it is dangerous to forget them.”

At times, Jackson, the first Black woman to serve on the Supreme Court, drew a personal connection to the tragedy, in which a bomb exploded at the church on September 15, 1963, killing Denise McNair, Cynthia Wesley, Addie Mae Collins and Carole Robertson. Nearly two dozen others were injured.

“As a mother of two young women who will always be my little girls, I can imagine no greater horror than to lose a child this way,” Jackson said.

“And even now, six decades later, the magnitude of that tragic loss weighs heavily on all of us because those girls were just getting started. They could have broken barriers. They could have shattered ceilings. They could have grown up to be doctors or lawyers or judges appointed to serve on the highest court in our land,” she added.

Read more at CNN.

That’s a sampling of today’s news. Feel free to discuss anything and everything in the comment thread.


Friday Reads: Breaking News!

Good Afternoon!!

Breaking News: Attorney General Merrick Garland has appointed a special counsel to oversee the Hunter Biden investigation. 

Associated Press: Attorney General Garland appoints a special counsel in the Hunter Biden probe.

Attorney General Merrick Garland announced Friday he is appointing a special counsel in the Hunter Biden probe, deepening the investigation of the president’s son ahead of the 2024 election.

Garland said he is naming David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president’s son, as the special counsel.

Garland said on Tuesday that Weiss told him that “in his judgment, his investigation has reached a stage at which he should continue his work as a Special Counsel, and he asked to be appointed.”

“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said.

The move is a momentous development from the typically cautious Garland and comes amid a pair of sweeping Justice Department probes into Donald Trump, the former president, and President Joe Biden’s chief rival in next year’s election. It comes as House Republicans are mounting their own investigation into Hunter Biden’s business dealings.

Jim Jordan must be celebrating.

Also Breaking News: The hearing with Judge Tanya Chutkan on the prosecution’s request for a protective order in January 6 case has just wrapped up. Chutkan made it pretty clear that Trump had better not intimidate witnesses or pollute the jury pool, or he will be in big trouble. She alsBo told the defense to stop talking about politics. This is a criminal case, and she will not allow the politics to interfere with her decisions. Trump must follow the conditions he was given at his arraignment. If that causes him to have to keep his big fat mouth shut in some instances, that’s just too bad (my words). If you want a good, detailed thread on the hearing, I recommend this one by Brandi Buchman:

Read it on Twitter. And here is Buchman’s story at Law and Crime: Trump lawyers, special counsel square off in court on limits for pretrial evidence in Jan. 6 indictment.

A report from CNN: Judge Chutkan says Trump’s right to free speech in January 6 case is ‘not absolute.’

US District Judge Tanya Chutkan said that she plans to put serious limits over how sensitive evidence is handled in the Donald Trump 2020 election interference case, in a dramatic hearing Friday in Washington, DC, that could set the tone for the upcoming trial.

The former president has a right to free speech, but that right is “not absolute,” Chutkan said. “Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute. In a criminal case such as this one, the defendant’s free speech is subject to the rules.” [….]

Whether or not Trump’s public statements are covered by the protective order that’s issued, she said, if they result in the intimidation of a witness or the obstruction of justice, “I will be scrutinizing them very carefully.”

Trump’s lawyer John Lauro said: “President Trump will scrupulously abide by his conditions of release.”

Chutkan adopted restrictions proposed by prosecutors that would bar Trump from publicly disclosing information from interview transcripts and recordings from the investigation, including from witness interviews with investigators that took place outside of the grand jury….

Chutkan and Lauro had several pointed exchanges about what the 2024 presidential contender should be allowed to say about the evidence that is turned over to him in the case.

“No one disagrees that any speech that intimidates a witness would be prohibited, what we are talking about is fair use of information,” Lauro said at one point, putting forward a hypothetical that Trump is publicly remarking on something from his personal memory that is also evidence in the case.

“The fact that he is running a political campaign currently has to yield to the administration of justice,” the judge said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”

Lauro put forward a hypothetical of Trump making a statement while debating his former Vice President Mike Pence – who is also running for the White House now and is a key witness in the criminal case – that overlapped with what’s in discovery.

The judge wasn’t sold.

“He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order,” Chutkan said.

From The Daily Beast: Jack Smith Wants Trump Convicted by Super Tuesday.

Special Counsel Jack Smith’s office wants to put former President Donald Trump on trial for his attempted coup in January next year—a move that, if approved by a judge, could brand him a felon before the biggest GOP presidential primaries.

In a filing on Thursday, the special counsel’s office proposed a trial date of January 2, 2024, which they say would take “no longer than four to six weeks.”

Should U.S. Magistrate Judge Moxila A. Upadhyaya approve that date, Trump’s trial could be done and dusted before the GOP’s primaries in South Carolina and Michigan, with plenty of time before the delegate-rich slate of Super Tuesday states in March.

Trump already faces two other separate criminal trials in March and May in New York and Florida, respectively. However, those trials have been delayed enough that Trump still managed to snag key elections before risking the embarrassing reality of being convicted of felonies while asking voters to make him the Republican nominee.

Prosecutors working on these different cases all wanted earlier dates, but judges gave into Trump’s demands for more time. While his lawyers cited the sheer amount of overwhelming work required to sort through millions of pages of evidence, the former president has used political rallies and online posts to accuse prosecutors of trying to derail his re-election campaign. In the end, judges gave Trump a little extra time.

Also at The Daily Beast, Jose Pagliery has a story on Judge “loose” Cannon and another big mistake: Inside One ‘Egregious’ Mistake From Trump’s Florida Judge Aileen Cannon.

U.S. District Judge Aileen Cannon, whose pro-Trump bias and head-turning errors have raised questions about whether she should be overseeing former President Donald Trump’s criminal trial in Florida, made what appears to be another surprising mistake last year.

Now, a defense lawyer is seizing on her misstep to try freeing his client from prison—even though he was caught on tape violently throwing a courtroom chair at a prosecutor and threatening to kill him.

The blunder was simple and entirely avoidable. The federal judge told jurors they could find the man, Christopher Wilkins, “guilty or not guilty.” But then she handed jurors a verdict form that didn’t even have those options.

“How far does somebody have to go to school to say that a verdict form is supposed to say guilty and not guilty?” asked defense lawyer Jeffrey Garland. “That would be one of the more egregious versions of jury instruction error… it’s such a rare error.”

Garland formally filed an appeal on Thursday and hopes to overturn a case that’s as black-and-white as they come—on a technicality.

“This is the judge’s deal. This is nobody else’s deal. I’m gonna tell ya, I’ve done a lot of appeals, and I’ve got a pretty good winning record. This is a great issue,” he said. “For a guy who’s on tape throwing a chair in court, it’s pretty ‘not good’ behavior. It would have been simple. You have a trial, properly instruct a jury, give them a form, and the jury’s gonna do what the jury’s gonna do.”

Cannon’s short and controversial history on the bench is under a microscope, given that she is presiding over such an historic criminal trial: that of a former president facing prison time for mishandling classified records at Mar-a-Lago and lying to the feds in a coverup. Trump himself appointed her in his final months in office, yet she has not recused herself from the case.

Read more at The Daily Beast.

Trump allies face potential charges in Georgia over voting machine breaches.

The Fulton county district attorney investigating Donald Trump’s efforts to overturn the 2020 election results in Georgia has evidence to charge multiple allies of the former president involved in breaching voting machines in the state, according to two people briefed on the matter.

The potential charges at issue are computer trespass felonies, the people said, though the final list of defendants and whether they will be brought as part of a racketeering case when prosecutors are expected to present evidence to the grand jury next week remain unclear.

To bring a racketeering case under Georgia state law, prosecutors need to show the existence of an “enterprise” predicated on at least two “qualifying” crimes, of which computer trespass is one. The Guardian has reported that prosecutors believe they have sufficient evidence for a racketeering case.

The statute itself prohibits the intentional use of a computer or computer network without authorization in order to remove data, either temporarily or permanently. It also prohibits interrupting or interfering with the use of a computer, as well as altering or damaging a computer.

Prosecutors have taken a special interest in the breach of voting machines in Coffee county, Georgia, by Trump allies because of the brazen nature of the operation and the possibility that Trump was aware that his allies intended to covertly gain access to the machines.

In a series of particularly notable incidents, forensics experts hired by Trump allies copied data from virtually every part of the voting system, which is used statewide in Georgia, before uploading them to a password-protected website that could be accessed by 2020 election deniers.

Read the rest at the link above.

I’m going to end there. This post is mostly breaking news. I’ll update in the comments if I hear more about these stories. 


Tuesday Reads

Good Day Sky Dancers!!

Now that the long weekend is over, there is quite a bit of news breaking. These are the three biggest stories of the day so far: a tentative date has been set for Trump’s trial in the stolen documents case; yesterday, Trump gave an interview to Brett Baier of Fox News in which he confessed to multiple crimes; and today, Hunter Biden reached an agreement with the Feds.

Kyle Cheney at Politico: Judge sets tentative trial date for Trump documents case.

Donald Trump’s criminal trial for hoarding military secrets at Mar-a-Lago has a starting date — Aug. 14 — but don’t expect it to hold.

U.S. District Court Judge Aileen Cannon bookmarked the last two weeks in August for the historic trial, part of an omnibus order setting some early ground rules and deadlines for the case. That would represent a startlingly rapid pace for a case that is expected to be complicated and require lengthy pretrial wrangling over extraordinarily sensitive classified secrets.

But a review of Cannon’s criminal cases since she took the bench in late 2020 suggests this is standard practice for the Florida-based judge. She typically sets trial dates six to eight weeks from the start of a case, only to allow weeks- or months-long delays as issues arise and the parties demand more time to prepare. While her order on Tuesday starts the clock on a slew of important pretrial matters in the Trump case, it’s not likely to resemble anything close to the timeframe that will ultimately govern the case.

Also from Kyle Cheney at Politico: Trump judge’s thin criminal trial resume comes with a twist.

Aileen Cannon, the federal judge overseeing Donald Trump’s latest criminal case, has run just four, relatively routine criminal trials in her short tenure on the bench — a stark contrast to the historic and complex proceedings she’s about to undertake related to the former president.

A review of the Southern District of Florida dockets show Cannon’s criminal work has consisted almost entirely of a few categories of cases: distribution of a controlled substance, illegal reentry of people who had previously been deported, felons in possession of firearms and child pornography or trafficking. Nearly all have resulted in plea agreements, and the four that did not were handled in brief trials that lasted no more than three days apiece in court.

Those cases have featured few significant opinions or rulings of note on complex issues of law. And Cannon, 42, has almost always sided with prosecutors on routine challenges to evidence, motions to suppress evidence by defendants and efforts to dismiss various cases.

Cannon’s thin resume, combined with her surprisingly deferential rulings to Trump — who appointed her in November 2020 — in a civil lawsuit challenging the FBI raid of his Mar-a-Lago estate last year, have raised questions about her readiness for the complexities of the first-ever federal prosecution of a former president. Prosecutors say he hoarded national military secrets at his Mar-a-Lago estate after leaving office and concealed them from government officials seeking to recover them.

There’s one exception, however, to Cannon’s judicial history that has largely escaped scrutiny. For nearly one-and-a-half years, she’s shepherded a complex, 10-defendant health care fraud case to the verge of trial, and in the course has litigated tangled and fraught issues of attorney-client privilege and motions to suppress — some of which could be precursors to battles in the upcoming Trump case.

Read more details at Politico.

If you are a Twitter denizen, you may have seen some clips from Trump’s weird interview with Fox News’s Brett Baier. I can just imagine how his defense attorneys reacted. But they already know he can’t be controlled–even when it’s for his own good. Here are some media and expert reactions.

https://twitter.com/maggieNYT/status/1670958219932442624?s=20

Former President Donald J. Trump claimed to a Fox News anchor in an interview on Monday that he did not have a classified document with him in a meeting with a book publisher even though he referred during that meeting to “secret” information in his possession.

The July 2021 meeting — at Mr. Trump’s golf club in Bedminster, N.J. — was recorded by at least two people in attendance, and a transcript describes the former president pointing to a pile of papers and then saying of Gen. Mark A. Milley, whom he had been criticizing: “Look. This was him. They presented me this — this is off the record, but — they presented me this. This was him. This was the Defense Department and him.”

On the recording, according to two people familiar with its contents, Mr. Trump can be heard flipping through papers as he talks to a publisher and writer working on a book by his final White House chief of staff, Mark Meadows. Mr. Trump and the people in the meeting do not explicitly say what document the former president is holding.

According to the transcript, Mr. Trump describes the document, which he claims shows General Milley’s desire to attack Iran, as “secret” and “like, highly confidential.” He also declares that “as president, I could have declassified it,” adding, “Now I can’t, you know, but this is still a secret.”

But in the interview on Monday, with the Fox News anchor Bret Baier, Mr. Trump denied that he had been referring to an actual document and claimed to have simply been referring to news clippings and magazine pieces.

“There was no document,” Mr. Trump insisted. “That was a massive amount of papers and everything else talking about Iran and other things. And it may have been held up or may not, but that was not a document. I didn’t have a document per se. There was nothing to declassify. These were newspaper stories, magazine stories and articles.”

Rolling Stone: Trump All But Confesses to Mishandling Classified Docs on Fox News.

A WEEK AFTER his second post-presidential arrest, this one for his alleged mishandling of classified documents after leaving the White House, Donald Trump turned to Fox News host Bret Baier on Monday to make the case for why he should lead the country again. But he ended up essentially confessing to the crime of which he’s accused: stealing and sharing top-secret government information.

Before that, however, Baier pressed Trump to explain why he kept the boxes of classified materials at Mar-a-Lago and refused to comply with government requests to return them, as described in his new felony indictment. In between dismissing the case as “the document hoax” or accusing other presidents of illegally hoarding their own sensitive documents, Trump offered the bizarre explanation that he couldn’t give up the boxes to authorities because they also contained… his clothes.

“Like every other president I take things out,” Trump said. “In my case, I took it out pretty much in a hurry. People packed it up and left. I had clothing in there, I had all sorts of personal items in there. Much, much stuff.” After a brief digression to call his former attorney general Bill Barr a “coward,” Trump reiterated, “I have got a lot of things in there. I will go through those boxes. I have to go through those boxes. I take out personal things.” Finally, he clarified what those items were: “These boxes were interspersed with all sorts of things: golf shirts, clothing, pants, shoes, there were many things,” he said.

That really isn’t a good excuse, since government documents are not supposed to be mixed with other papers, much less clothing. More from the RS piece:

Later on in the interview, Trump and Baier got into a debate on the results of the 2020 election, with the Fox anchor trying in vain to remind the former president that he lost while Trump rambled on about fake ballots. The rest of the conversation involved Trump bashing Biden’s international diplomacy, from Ukraine to the Middle East to China, and musing about how much better things were with him in office.

Afterward, Fox News chief political analyst Brit Hume said that Trump’s answers regarding matters of the law were “on the verge on incoherent,” and specifically mentioned the bizarre detail of not returning the boxes of classified documents because they hadn’t been “separated from his golf shirts or whatever he was saying.” Overall, Hume said, it sounded as if Trump was making the argument that the papers were his to do with as he liked, “which I don’t think is going to hold up in court.”

Trump also claimed he was “too busy” to go through the documents and take out his personal stuff. He claimed that justifies his having one of his lawyers certify to the Feds that there were no more documents at Mar-a-Lago, ordering Walt Nauta to move the documents around to hide them from his lawyers, and refusing to obey a subpoena.

Here is one of the best parts of the Baier interview. It doesn’t have much of Trump in it, so it’s safe to watch.

https://twitter.com/KevinTober94/status/1670923018351067137?s=20

Finally, Hunter Biden has reached a deal with the Trump-appointed prosecutor investigating his case.

The Washington Post: Hunter Biden reaches deal to plead guilty in tax, gun case.

President Biden’s son Hunter has reached a tentative agreement with federal prosecutors to plead guilty to two minor tax crimes and admit to the facts of a gun charge under terms that would likely keep him out of jail, according to court papers filed Tuesday.

Any proposed plea deal would have to be approved by a federal judge. Both the prosecutors and the defense counsel have requested a court hearing at which Hunter Biden, 53, can enter his plea.

The agreement caps an investigation that was opened in 2018 during the Trump administration, and has generated intense interest and criticism since 2020 from Republican politicians who accused the Biden administration of reluctance to pursue the case.The terms of the proposed deal — negotiated with Delaware U.S. Attorney David Weiss, a holdover from President Donald Trump’s administration — are likely to face similar scrutiny.

The court papers indicate the younger Biden has tentatively agreed to plead guilty to two misdemeanor tax charges of failure to pay in 2017 and 2018. The combined tax liability is roughly $1.2 million over those years, according to people familiar with the plea deal, who spoke on condition of anonymity to describe details of the agreement that are not yet public. Prosecutors plan to recommend a sentence of probation for those counts, these people said. Biden’s representatives have said he previously paid back the IRS what he owed.

It’s a busy news day. I’ll add a few more stories in the comment thread. Have a tremendous Tuesday everyone!