Lazy Caturday Reads

Happy Caturday!!

Tama the Cat by Hiroaki TakahashiI’m really late getting started today, so I’m just going to get right to today’s news. Things are getting out of hand in the the Middle East, and Republicans in the House are determined to make the worse. They are also working hard to shut down the government unless they get all the goodies they are demanding. Johnson did manage to get a continuing resolution passed, but he depended on Democratic votes. Meanwhile the Republicans are holding back funding for Ukraine’s fight against Russia.

This is from Heather Cox Richardson’s Letters from an American: January 18, 2024.

This afternoon, Congress passed a new continuing resolution necessary to fund the government past the upcoming deadlines in the previous continuing resolution. Those deadlines were tomorrow (January 19) and February 2. The deadlines in the new measure are March 1 and March 8. This is the third continuing resolution passed in four months as extremist Republicans have refused to fund the government unless they get a wish list of concessions to their ideology.

Today’s vote was no exception. Eighteen Republican senators voted against the measure, while five Republicans did not vote (at least one, Chuck Grassley of Iowa, is ill). All the Democrats voted in favor. The final tally was 77 to 18, with five not voting. 

In the House the vote was 314 to 108, with 11 not voting. Republicans were evenly split between supporting government funding and voting against it, threatening to shut down the government. They split 107 to 106. All but two Democrats voted in favor of government funding. (In the past, Jake Auchincloss of Massachusetts and MIke Quigley of Illinois have voted no on a continuing resolution to fund the government in protest that the measure did not include funding for Ukraine.)

This means that, like his predecessor Kevin McCarthy (R-CA), House speaker Mike Johnson (R-LA) had to turn to Democrats to keep the government operating. The chair of the extremist House Freedom Caucus, Bob Good (R-VA), told reporters that before the House vote, Freedom Caucus members had tried to get Johnson to add to the measure the terms of their extremist border security bill. Such an addition would have tanked the bill, forcing a government shutdown, and Johnson refused.

Republican extremists in Congress are also doing the bidding of former president Donald Trump, blocking further aid to Ukraine in its struggle to fight off Russian aggression and standing in the way of a bipartisan immigration reform measure. Aid to Ukraine is widely popular both among the American people and among lawmakers. Immigration reform, which Republicans have demanded but are now opposing, would take away one of Trump’s only talking points before the 2024 election.

Richardson discusses a column in yesterday’s Washington Post about what happens when a country backslides on democracy: Poland is a test case for reviving a corrupted democracy, by Lee Hochstader. This could apply to Ukraine and potentially to the U.S.

With authoritarians and tyrants on the march across the world, Poland is an emerging test case of whether a corrupted democracy can be revived. The discouraging early signs are that it might be harder than building one from scratch.

Contempt for the niceties of representative and pluralistic democracy, along with florid rhetorical excess, were the trademarks of the man who controlled Poland’s ruling party for the past eight years, before a shock electoral defeat last fall cast him into political exile.

Chikanobu Toyohara 1838-1912

Ghost Cat, by Chikanobu Toyohara 1838-1912

Now Jaroslaw Kaczynski, having meted out death by a thousand cuts to Polish democracy in a failed effort to cement his grip on power, leads an irreconcilable opposition.

His escalating standoff with the new government of Prime Minister Donald Tusk is a stress test that is likely to subject Eastern Europe’s biggest and most influential country to a bitter contest of wills for the foreseeable future. And it is far from clear that Poland can regain the vibrant democracy, independent judiciary and robust institutions it worked so hard to establish from the ruins of communism more than 30 years ago.

“It was easier then because there was broad consensus in society and the political class about the general direction,” Piotr Buras, head of the European Council on Foreign Relations’ Warsaw office, told me. “Now this is the core of the conflict.”

Tusk, who was prime minister from 2007 to 2014, took office again last month. It doesn’t mean that he took power.

Over the course of its two terms in government, Kaczynski’s Law and Justice party jury-rigged systems, rules and institutions to its own partisan advantage, seeding its allies in the courts, prosecutors’ offices, state-owned media and central bank. Kaczynski’s administration erected an intricate legal obstacle course designed to leave the party with a stranglehold on key levers of power even if it were ousted in elections.

On top of that, President Andrzej Duda, a Kaczynski ally, is set to remain in office until his term expires in August next year. He retains broad powers, including to veto legislation, and has already thwarted Tusk’s agenda where possible.

Read more at the WaPo. This is the danger we face if we let Trump gain power again.

This is funny. From The Kiyv Independent: Zelensky invites Trump to Ukraine.

President Volodymyr Zelensky has extended an invitation to Donald Trump to visit Kyiv, with a specific condition attached.

Speaking with U.K. broadcaster Channel 4 News, Zelensky said that Trump would be warmly received in the capital under one stipulation: the former U.S. president must demonstrate his ability to bring an end to the war with Russia within 24 hours, as he once promised.

Trump has repeatedly said that the war would not have happened if he was still in power in Washington, and that he would bring it to an immediate end if voted back in because he has what he described as “a good relationship” with both Volodymyr Zelensky and Russian leader Vladimir Putin.

Beyond that, former U.S. president has provided no details of what his peace deal would involve.

Zelensky, who has previously extended the invitation without receiving a response, emphasized that if Trump indeed has a “formula” for resolving the war, he is eager to learn the specifics.

“So, I invite President Trump. If he can come here, I will need 24 minutes — yes, 24 minutes. Not more. Yes. Not more — 24 minutes to explain [to] President Trump that he can’t manage this war. He can’t bring peace because of Putin.”Zelensky said on air: “He is very welcome to come here, but I think he can not end the war in 24 hours, without giving our land to Putin.”

On the Israel situation, from The Washington Post: Growing number of Senate Democrats question Biden’s Israel strategy.

Five Senate Democrats on Friday signed onto a measure that would condition aid to Israel on its compliance with international law, bringing the total number of co-sponsors to 18. And a prominent Democrat, Sen. Tim Kaine of Virginia, is rounding up support for his amendment to stop President Biden from circumventing Congress when he orders weapons transfers to Israel, a maneuver the president has pursued twice in recent months.

Kobayashi-Kiyochika-Cat-and-Lantern

Kobayashi Kiyochika, Cat and Lantern

Earlier this week, 11 senators voted for a bill by Sen. Bernie Sanders aimed at forcing the Biden administration to examine potential human rights abuses by Israel.

After weeks of unquestioning support, the Senate is emerging as a center of resistance to Biden’s unwavering embrace of Israel — at least in modest ways — as even centrist Democrats are signaling their discomfort with the president’s “bear hug” of Israeli Prime Minister Benjamin Netanyahu. A number of prominent Democrats have proposed or backed measures that aim to hold Israel accountable or to shift American strategy, even if they are unlikely to garner enough support to pass.

The growing willingness of establishment Democrats to criticize or push back on Israel — a move that would have come with serious political ramifications just a few months ago — signals a shift in the politics of the party since the war in Gaza began more than 100 days ago. Senators from swing states, including Georgia, Wisconsin and Minnesota, have signed on to some of these measures as polls show a notable drop in support for Biden among young, Muslim and Arab American voters over his handling of the issue.

While few senators are voicing full-throated criticism of Biden’s Israel policy, the new, more skeptical tone reflects an increasing unease as the civilian toll in Gaza rises and Israel repeatedly flouts U.S. requests to modify its military onslaught.

“Every week the Netanyahu coalition promises the Biden administration that we will see meaningful changes, and every week it never materializes,” said Sen. Chris Van Hollen (D-Md.), who, along with Kaine, organized the effort to impose conditions in exchange for aid. Van Hollen noted that some members of Netanyahu’s far-right coalition are even “bragging” about ignoring American requests.

Read more at the WaPo.

Iran’s involvement in the conflicts is getting scary. From Reuters: Iranian and Hezbollah commanders help direct Houthi attacks in Yemen.

Commanders from Iran’s Islamic Revolutionary Guards Corps (IRGC) and Lebanon’s Hezbollah group are on the ground in Yemen helping to direct and oversee Houthi attacks on Red Sea shipping, four regional and two Iranian sources told Reuters.

Iran – which has armed, trained and funded the Houthis – stepped up its weapons supplies to the militia in the wake of the war in Gaza, which erupted after Iranian-backed militants Hamas attacked Israel on Oct. 7, the four regional sources said.

Tehran has provided advanced drones, anti-ship cruise missiles, precision-strike ballistic missiles and medium-range missiles to the Houthis, who started targeting commercial vessels in November in solidarity with Palestinians in Gaza, the sources said.

IRGC commanders and advisers are also providing know-how, data and intelligence support to determine which of the dozens of vessels travelling through the Red Sea each day are destined for Israel and constitute Houthi targets, all the sources said.

Washington said last month that Iran was deeply involved in planning operations against shipping in the Red Sea and that its intelligence was critical to enable the Houthis to target ships.

The Guardian: Iran accuses Israel of killing Revolutionary Guards spy chief in Damascus.

A suspected Israeli strike killed the Iranian Revolutionary Guards’ espionage chief for Syria and three other guard members on Saturday, Iran has said, in an attack that destroyed much of a multistorey residential building in Damascus.

The UK-based Syrian Observatory for Human Rights said six people were killed in the Israeli strike on the upmarket Mazzeh neighbourhood in the Syrian capital.

inagaki_tomoo_fourcatssleeping

Four Cats Sleeping, by Inagaki Tomoo

In recent weeks, Israel has been accused of intensifying strikes on senior Iranian and allied figures in Syria and Lebanon, raising fears the war in Gaza could expand into a regional conflict.

“The Revolutionary Guards’ Syria [intelligence] chief, his deputy and two other guard members were martyred in the attack on Syria by Israel,” Iran’s Mehr news agency said.

In a statement, the Islamic Revolutionary Guard Corps (IRGC) confirmed it had lost four of its members and blamed Israel.

When asked about the strike, the Israeli army said: “We do not comment on reports from the foreign media.”

Tensions between Iran and Israel have risen to a new high after the bloody surprise attack launched by Hamas into Israel on 7 October.

Trump has been directing racist attacks against Niki Haley, now that the Republican primary campaign has moved to New Hampshire. 

The Washington Post: Trump lobs racially charged attacks against Haley ahead of N.H. primary. [For the WaPo headline writer: the attacks are racist, not “racially charged.”

Former president Donald Trump is lobbing racially charged attacks at Republican rival Nikki Haley, a daughter of Indian immigrants who served as his U.N. ambassador, days before a hotly contested New Hampshire primary that could determine the trajectory of the party’s nominating contest.

In a lengthy post on his social media platform Friday, Trump gave his GOP rival a nickname that appeared to be yet another racist dog whistle.

Writing on Truth Social, Trump repeatedly referred to Haley as “Nimbra,” an apparent intentional misspelling of her birth name. Haley, whose parents moved to the United States in the 1960s, was born Nimarata Nikki Randhawa.

Reminiscent of his spurious claims about former president Barack Obama’s citizenship, Trump also last week spread a false “birther” claim about Haley when he shared a post on Truth Social from the Gateway Pundit, a far-right website that propagates baseless accusations. [IOW: lies]

The post falsely suggested Haley was ineligible to be president or vice president because her parents were not U.S. citizens when she was born. This is not true. The Constitution states that a natural-born citizen can be president, and Haley automatically became a U.S. citizen when she was born in South Carolina in 1972.

Friday wasn’t the first time Trump has mocked Haley’s name. After the Iowa caucuses on Monday, Trump embarked on a tirade against Haley, misspelling her given first name.

“Anyone listening to Nikki ‘Nimrada’ Haley’s wacked out speech last night, would think that she won the Iowa Primary,” Trump wrote on Truth Social. “She didn’t, and she couldn’t even beat a very flawed Ron DeSanctimonious, who’s out of money, and out of hope. Nikki came in a distant THIRD!” (DeSanctimonious is a Trump nickname for another GOP rival, Florida Gov. Ron DeSantis.)

Meanwhile, Trump is demonstrating his cognitive decline in his campaign speeches. Yesterday, he confused Nicki Haley with Nancy Pelosi–claiming Haley was responsible for Congressional security on January 6, 2021.

Raw Story: ‘He’s aging very fast’: ‘Deeply confused’ Trump slammed for blaming Nikki Haley for Jan. 6.

Donald Trump on Friday was skewered online for apparently confusing Nikki Haley and Nancy Pelosi, resulting in the ex-president blaming the former for the events of Jan. 6.

Leisure Day by Togyu Okumura

Leisure Day by Togyu Okumura

Trump was delivering remarks in Concord, New Hampshire, on Friday, when he said that Haley was “offered 10,000 people” on Jan. 6, and implied that she was involved in the deleting of video evidence. These are common allegations that the former president has previously lobbed at Pelosi and the Jan. 6 subcommittee.

The video quickly went viral, causing people to make fun of Trump and even suggest he has mental health concerns.

“Do we need to do the dementia test again?” asked national security attorney Bradley P. Moss. MSNBC personality Mehdi Hasan had a similar take, asking, “Does he need to take the ‘person woman man camera TV’ test again?”

Hasan had been responding to a Biden-Harris HQ post in which the campaign says a “deeply confused Trump confuses Nancy Pelosi and Nikki Haley multiple times.”

Trump has also begun bragging again about how he “aced” a cognitive test as president. Actually the test he took is designed to detect dementia and has nothing to do with IQ or intelligence generally.

The Washington Post: A ‘whale’ of a tale: Trump continues to distort cognitive test he took.

Donald Trump this week bragged about purportedly acing a widely used cognitive test that was administered to him when he was president, suggesting that the test included identifying drawings of three animals.

“I think it was 35, 30 questions,” the former president said in Portsmouth, N.H., of the test, which he said involved a few animal identification queries. “They always show you the first one, like a giraffe, a tiger, or this, or that — a whale. ‘Which one is the whale?’ Okay. And that goes on for three or four [questions] and then it gets harder and harder and harder.”

The only problem: The creator of the test in question, called the Montreal Cognitive Assessment, or MoCA, said it has never included the specific combination of animals described by Trump in any of its versions over the years.

In fact, Ziad Nasreddine, the Canadian neurologist who invented the test, said the assessment — intended primarily to test for signs of dementia or other cognitive decline — has never once included a drawing of a whale.

“I don’t think we have a version with a whale,” said Nasreddine, who added there are three versions of the test currently in circulation.

He and other physicians allowed for the possibility that Trump was just offering hypothetical examples. The Trump campaign did not respond to a request for comment.

For nearly four years, Trump has periodically boasted about his performance on the cognitive test, always tweaking the questions he alleges he aced, from correctly reciting a series of words in order — “Person. Woman. Man. Camera. TV.” — to, most recently, identifying an animal — a whale — that did not appear on the test.

Experts also note that the assessment is not an I.Q. or intelligence test, though Trump has often talked about it as if it was.

“It’s a very, very low bar for somebody who carries the nuclear launch codes in their pocket to pass and certainly nothing to brag about,” said Jonathan Reiner, a cardiologist and professor of medicine and surgery at the George Washington School of Medicine & Health Sciences.

And get this: part of Trump’s deposition for his civil fraud case has just been released.

CBS News: Deposition video shows Trump claiming he prevented “nuclear holocaust” as president.

Combative, angry and prone to grandiose claims — newly unveiled footage of an April 2023 deposition gives a glimpse into how former President Donald Trump behaves when testifying under oath.

Tsukioka Yoshitoshi, Looking Tiresome

Tsukioka Yoshitoshi, Looking Tiresome

The video, released to CBS News on Friday in response to a freedom of information request, shows Trump claiming to have averted a “nuclear holocaust” and “saving millions of lives” as president. A transcript of the deposition was previously made public as an exhibit in Trump’s New York civil fraud case.

Trump testified at trial on Nov. 6, and his testimony that day often mirrored the April deposition.

During the trial, Trump said he was too “busy in the White House” to worry about his businesses. “My threshold was China, Russia and keeping our country safe,” he said.

It echoed a response he gave in his April 2023 testimony in a small conference room with New York Attorney General Letitia James. He went further that day, explaining just what he believes he kept Americans safe from:

“I was very busy. I considered this the most important job in the world, saving millions of lives. I think you would’ve had nuclear holocaust if I didn’t deal with North Korea. I think you would’ve had a nuclear war if I weren’t elected. And I think you might have a nuclear war now, if you want to know the truth,” Trump said.

Read more from the deposition at the link.

One more on Trump’s issues from Raw Story: E. Jean Carroll jury is seeing ‘there is something seriously wrong’ with Trump: attorney.

Appearing on MSNBC on Saturday morning, conservative attorney George Conway was asked how the jury in the E.Jean Carroll defamation trial is likely viewing Donald Trump in the flesh as opposed to just seeing clips of him on TV.

Getting right into it with the hosts of MSNBC’s “The Weekend,’ Conway explained, “When you see little clips of him, you kind of think you know, it’s reality TV. He’s silly, he’s harmless, it’s just nonsense and he just does his thing, he does his schtick. But when you see him up close and in person you start to realize there’s something seriously wrong with him.”

“And that’s what happens with his own people,” he continued before recalling, “Remember how his chief of staff, General Kelly, brought in a book, like the psychiatrists had written about Donald Trump, saying he was completely out of his mind, and he [Kelly] is like, ‘This is the key. We could figure this out!'”

“People learn, there is something seriously wrong with this guy, and I think what this jury is going to learn, which is like you are in this solemn proceeding you are taking this seriously, and jurors generally don’t look at scams and people behaving badly in the courtroom, and here, they have this psychopath sitting right there,” he elaborated. “It’s got to be off-putting and scary, and just appalling to them, because they were actually seeing him in the flesh, this real person, not this caricature on TV, this self-caricature on TV. They’re seeing the face, the face literally, of evil right there.”

Yes, the face of evil is accurate–I agree.

What do you think about all this? What other stories are you interested in?


Tuesday Reads: Republicans Fight the Law; Will the Law Win?

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Good Afternoon!!

Remember that so-called “whistleblower” that House Republicans were so excited about? They claimed to have a witness who would blow their “Biden family corruption” case wide open. Then the witness supposedly disappeared and they had no idea where he was. Well, yesterday the DOJ indicted the guy. It turns out he’s an agent for China.

The Daily Beast: GOP’s ‘Missing’ Biden Probe Witness Faces Laundry List of Federal Charges.

The “missing” witness long-touted by Republicans in Congress as the missing link to their probe into alleged Biden family corruption was accused Monday of being an unregistered foreign agent for China and an international arms trafficker while violating U.S. sanctions on Iran and lying to investigators, among a laundry list of other federal charges.

Dual U.S.-Israeli citizen Gal Luft had already skipped out on his bail while in Cyprus awaiting extradition to the U.S. for a separate case in March—though he alleges that the sprawling case against him represents political persecution and retaliation by the Biden administration against a potential witness.

The House Oversight Committee has for months touted a secret “informant” who could provide evidence of an alleged “quid pro quo” deal for foreign aid between an Obama-era Biden and an unnamed country—though details of the arrangement remain murky and unverified at best.

Those claims partially unraveled when Rep. James Comer (R-KY) in May held a much-hyped press conference in which he promised to expose the preliminary findings of four months’ worth of scrutiny into the Biden family’s business dealings—while failing to air any real evidence of corruption. He then offered a partial excuse for the failure: their star witness had up and disappeared….

Luft then came forward days later in an interview with New York Post opinion columnist Miranda Devine, alleging that he was hiding out in an undisclosed location after being arrested on five charges, including arms dealing across the Third World, as well as a violation of the Foreign Agents Registration Act, among other charges.

“The chances of me getting a fair trial in Washington are virtually zero,” he told Devine as the reason he skipped out on his bail. “I had to do what I had to do.”

Comer and other Republican House members continued to tout Luft as a credible witness right up until Friday, the day before charges were announced by the SDNY.

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

More information on Luft from The Independent: ‘Whistleblower’ who accused Bidens of corruption is charged with arms trafficking and violating Iran sanctions.

A “whistleblower” who has repeatedly accused the Bidens of corruption has been charged by the Justice Department with arms trafficking, acting as a foreign agent for China and violating Iran sanctions.

Gal Luft, who is a citizen of both the United States and Israel, is accused of paying a former adviser to Donald Trump on behalf of principals in China in 2016 without registering as a foreign agent.

Prosecutors say that Mr Luft pushed the former government employee, who is not named, to push policies that were favourable to China.

They also allege that he set up meetings between officials of Iran and a Chinese energy company to discuss oil deals, which would violate US sanctions.

They also alleged that Mr Luft “conspired with others and attempted to broker illicit arms transactions with, among others, certain Chinese individuals and entities” by working as a middleman to find both buyers and sellers for “certain weapons and other materials” in violation of the US Arms Control Act.

Specifically, prosecutors say he attempted to broker a sale of anti-tank weapons, grenade launchers and mortar rounds to Libya by Chinese companies, and also pushed to arrange for the United Arab Emirates to purchase bombs and rockets, and for Kenya to acquire unmanned aerial vehicles capable of striking targets on the ground.

He sounds like a great witness for the Republican “investigations.”

Mr Luft, 57, was arrested in Cyprus in February on US charges but fled after being released on bail while awaiting extradition and is not currently in US custody.

US Attorney for the Southern District of New York Damian Williams said in a statement that Mr Luft “engaged in multiple, serious criminal schemes”.

“He subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking U.S. Government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement,” Mr Williams said.

“As the charges unsealed today reflect, our Office will continue to work vigorously with our law enforcement partners to detect and hold accountable those who surreptitiously attempt to perpetrate malign foreign influence campaigns here in the United States”.

Comer was still defending this guy as a credible witness last night on NewsMax.

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Yesterday Judge Cannon granted a short delay in for Walt Nauta to appear in the Mar-a-Lago stolen documents case.

Raw Story: Judge Aileen Cannon grants ‘unnecessary’ delay in Trump documents case.

Controversial U.S. District Judge Aileen Cannon granted a delay for Donald Trump’s aide and co-defendant Walt Nauta in a classified documents case. Prosecutors have called the delay “unnecessary.”

In a filing on Monday, Nauta’s team asked to delay Friday’s hearing, which was set to determine how some materials would be handled in the trial. The attorneys did not propose a date for the new hearing.

“An indefinite continuance is unnecessary, will inject additional delay in this case, and is contrary to the public interest,” special counsel Jack Smith said in a subsequent filing on Monday.

On Tuesday, Cannon granted a 4-day delay, setting the new hearing for July 18 at 2:00 P.M. A court filing said Trump and Smith had agreed to the new date.

This is obviously part of Trump’s usual strategy of delaying court cases as long as possible. Now the Trump lawyers are trying to get Cannon to delay the case until after the 2024 election!

The New York Times: Trump Lawyers Seek Indefinite Postponement of Documents Trial.

Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.

The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.

While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.

There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely….

Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.

This really is a test for Cannon. If she grants such a delay, she should be replaced.

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Here are some details on the Trump filing, from the TPM Morning Memo, by David Kurtz.

Some of the filing is the usual defense counsel performative moaning and groaning and sighing heavily about all the work involved and the inherent advantages prosecutors have over them because they’ve long had access to the evidence, blah blah blah. To that end, Trump wants U.S. District Judge Aileen Cannon to:

  • withdraw her order for an August 2023 trial;
  • reject DOJ’s proposal for a December 2023 trial; and
  • postpone indefinitely even setting a trial date.

But there’s more than the usual slow-rolling going on here. And it matters to the big question of whether Cannon can and will keep the Mar-a-Lago case on track for a trial before the 2024 presidential election.

Trump’s claims in this regard are remarkable:

  • He’s too busy running for president to be put on trial.
  • He’s too busy with other criminal and civil trials to add this one to the calendar.
  • He’s still trying to make the case about the Presidential Records Act (it’s not).
  • “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”
  • You can’t find an impartial jury in the midst of a presidential election.

The overall thrust of the filing by Trump is that a trial before the election is not advisable, though it stops short of saying so explicitly.

One more on the documents case from Jose Pagliery at The Daily Beast: Mar-a-Lago Jury Selection Will Be a MAGA Country Minefield.

The federal judge overseeing Donald Trump’s classified documents trial is taking steps that could stock the jury box with the former president’s supporters.

U.S. District Judge Aileen M. Cannon has set the upcoming trial to open on Aug. 14 at her tiny satellite courthouse in the northern reaches of her district, which stretches from the tropical Florida Keys to the citrus groves halfway up the state.

That decision means Trump’s jurors are set to be drawn from the most brightly red corner of a vast court district, plucked from a community that leans heavily Republican—instead of the highly populous and more Democratic urban areas further south….

Park View, Aksel Jørgensen, Danish, 1909

Park View, Aksel Jørgensen, Danish, 1909

Several Miami lawyers, some of whom asked to remain anonymous because they have active cases before Cannon, noted that Trump’s chances to win what otherwise appears to be an insurmountable criminal case increase the further north he goes.

“You drive around, and you’ll see ‘Trump’ flags and ‘Make America Great Again’ flying in front of houses,” said Paul Bernard, a criminal defense lawyer in Fort Pierce. “With Trump’s trial down this way, he’s going to have a bunch of supporters—and they’re going to make their way onto the jury panel.”

According to local court rules, federal trials in the Fort Pierce division draw jurors from five counties: Highlands, Indian River, Martin, Okeechobee, and St. Lucie.

It’s solidly MAGA country: all five counties voted heavily in favor of Trump in the 2020 election he ultimately lost, with Okeechobee topping out at 72 percent. Across the board, the former president nabbed 62 percent of the vote on average.

Read the whole thing at The Daily Beast link.

There is also news in the Georgia election interference case.

The Atlanta Journal-Constitution: Grand jurors who will consider Trump charges to be selected Tuesday.

The selection of two Fulton County grand juries will be made Tuesday, with one of the panels expected to decide whether to hand up an indictment for alleged criminal interference in the 2020 presidential election.

One set of jurors is likely to be asked to bring formal charges against former President Donald Trump and other well-known political and legal figures. In a letter to county officials almost two months ago, District Attorney Fani Willis indicated the indictment could be obtained at some point between July 31 and Aug. 18.

Willis began her investigation shortly after hearing the leaked Jan. 2, 2021, phone call in which Trump asked Secretary of State Brad Raffensperger to “find” the 11,780 votes he needed to defeat Joe Biden in Georgia. She later convened a special purpose grand jury which examined evidence and heard testimony over an almost eight-month period. Its final report, only part of which has been made public, recommended multiple people be indicted for alleged crimes.

Ravens, by Päivi Ollila (Finnish, b. 1982)Superior Court Judge Robert McBurney, who oversaw the special purpose grand jury, will preside over Tuesday’s selection of the two grand juries for this term of court.

Each panel will have 23 grand jurors, plus three alternates. One panel will meet Mondays and Tuesdays, the other Thursdays and Fridays. Both will work in secret and are expected to decide whether to hand up indictments in hundreds of cases. It is unclear which one will consider the much-anticipated election-meddling case.

When a grand jury meets, at least 16 members must be present to conduct business. At least 12 grand jurors must vote to bring an indictment. The burden of proof is much lower for a grand jury to indict someone than it is for a jury to convict or acquit someone and grand jurors typically hear only from the prosecution.

It sounds like indictments could be coming soon.

One more story out of Georgia, from Kaitlyn Polantz at CNN: Rudy Giuliani is negotiating possible resolution to lawsuit brought by 2 Georgia election workers.

Rudy Giuliani is negotiating a possible resolution in his ongoing court dispute with former Georgia election workers Wandrea “Shaye” Moss and Ruby Freeman, after they accused him of defaming them following the 2020 election and already won nearly $90,000 from him for attorneys’ fees.

The lawsuit from Moss and her mother, Freeman, presents a significant risk to Giuliani financially. It also comes at a time when the former New York mayor and Manhattan prosecutor is attempting to fend off two disbarment proceedings, as well as interest from special counsel Jack Smith’s office, which is criminally investigating Donald Trump’s response to the 2020 vote, of which Giuliani was a central player.

In a court filing late Friday, Moss and Freeman’s legal team disclosed that Giuliani’s lawyer approached them on Thursday “to discuss a potential negotiated resolution of issues that would resolve large portions of this litigation and otherwise give rise to Plaintiffs’ anticipated request for sanctions.”

“Counsel for both parties have worked diligently to negotiate a resolution and believe they are close,” Moss and Freeman’s lawyer wrote.

The negotiation is over “certain factual issues regarding Defendant Giuliani’s liability,” the court filing also said.

Another update on the negotiations is expected in court on Tuesday….

Moss and Freeman accuse Giuliani of scapegoating them in a fabricated effort to undermine how votes were counted in Georgia in 2020.

That’s all I have for you today–lots of legal news involving corrupt Republicans. What else is new?


Thursday Reads

Munch, Summer Day or Embrace on the beach, (1904,_Linde_Frieze)

Summer Day or Embrace on the beach, (1904), by Edvard Munch

Good Day!!

There is some Trump investigation news this morning, plus, news just broke that the Supreme Court has gutted Affirmative Action in college admissions.

But before I get to those stories, a few articles about the awful summer weather we are having. Here in New England and across much of the Midwest, we’re having poor air quality because of the Canadian wildfires; and in much of the Southern U.S. people are suffering greatly from excessive heat.

CNN: People urged to stay indoors as smoke from Canadian wildfires continues to create unhealthy air quality from the Midwest to the Northeast.

Dangerous air quality and hazy skies persist as smoke from Canada’s raging wildfires drifts south, leaving more than 100 million people under air quality alerts across a dozen states from Minnesota to New York and down to the Carolinas.

Chicago had the worst air quality among major cities in the world early Thursday, according to IQAir. The air in Washington, DC, Minneapolis, Detroit and New York City was among the top 10 most polluted.

Smoke will continue to drift across the Midwest and into the mid-Atlantic and Northeast on Thursday. Forecast models predict a slow improvement beginning Thursday and additional decreases by Friday.

The worst air quality is likely to remain over the Great Lakes and Ohio Valley, with some increase in smoke in states including Washington and New York, but levels are not expected to reach those seen a few weeks ago.

In Canada – which is seeing its worst fire season on record – authorities have also issued air quality alerts across several provinces.

“With no end in sight to the Canadian wildfires and west to northwesterly winds expected to persist from south central Canada into the north central to northeast U.S., poor air quality conditions are likely to continue,” the National Weather Service warned.

The New York Times is providing live updates on the smoke as it works it’s way toward NYC.

The New York Times on the heat: Misery Engulfs the South as Heat Wave Spreads.

Even for Southerners used to spending a lot of time outside, this week’s brutal heat and humidity — which spread from Texas across the Gulf Coast and north into Missouri, Tennessee and Arkansas on Wednesday — are a little much….

An oppressive heat wave that baked Texas and Oklahoma last week, contributing to several deaths, has engulfed much of the southern and central United States, raising the heat index to dangerously high levels from Kansas City to the Florida Keys.

high-summer-ii-1915-1024x800

High Summer, 1915, by Edvard Munch

Temperatures will climb up to 20 degrees above normal for much of the region through at least the weekend, reaching the upper 90s or low 100s in many places, with the heat index — a measure of how heat and humidity make the air feel — soaring even higher….

Major cities where the heat index could reach between 110 to 120 degrees over the next few days include Dallas, San Antonio, New Orleans and Nashville, as well as Little Rock, Ark.; Jackson, Miss.; and Montgomery, Ala. “Many areas outside of Texas will experience their most significant heat of the season so far,” a forecast from the National Weather Service said.

Health experts consider a heat index of over 103 degrees dangerous, with a higher risk of cramps, exhaustion and heat stroke, particularly after exercise or long stretches in the sun.

High humidity will continue to produce “potentially life-threatening” heat through the rest of the week, the Weather Service said, and nighttime temperatures will offer little respite, staying unseasonably high even while the sun is down.

“That’s substantial because your house isn’t cooling off as much at night,” said Rob Perillo, the chief meteorologist at KATC-TV in Lafayette, La. “When you’re shooting 95 at noon, and it’s above 95 until 7 at night,” he added, “it’s not only hotter, but it’s hotter longer.”

NBC News: Scorching heat and Canada wildfires could be tied to ‘wavy, blocky’ jet stream.

Scientists say a closely watched atmospheric pattern — the jet stream — is behind both the Canadian wildfires and the scorching heat in Texas, raising questions about how it shapes extreme weather events and whether climate change is disrupting its flow.

The jet stream, a ribbon of air that encircles the Northern Hemisphere at high altitudes, drives pressure changes that determine weather across North America. The jet stream’s wavy pattern creates areas of high and low pressure.

In recent months, the jet stream’s patterns trapped and stalled a ridge of high pressure over northern Canada, which caused a heat wave and primed the landscape for the wildfires that later sent smoke pouring into the Midwest and the eastern U.S. Earlier this month, another ridge of high pressure centered over Texas, sending temperatures soaring.

800px-Edvard_Munch_-_Summer_Night's_Dream._The_Voice_(1893)

Summer Night’s Dream/The Voice, by Edvard Munch, 1893

More than 100 million people in the U.S. faced either blistering heat or unhealthy air quality Wednesday.

In recent weeks, the jet stream has appeared unusual and disjointed, scientists say. Some researchers think climate change is disrupting its flow and causing it to bake regions in heat longer. They are concerned that changes in the patterns could cause extremes to increase more rapidly than climate models have projected as the world warms.

Michael Mann, a climate scientist at Pennsylvania State University, likened visualizations of the jet stream’s appearance in recent weeks to the swirling brushstrokes of a post-impressionist painter.

“I’m honestly at a loss to even characterize the current large-scale planetary wave pattern,” Mann tweeted this month. “Frankly, it looks like a Van Gogh.”

Now that’s an interesting interpretation!

In other news, the right wing Supreme Court has struck again.

Adam Liptak at The New York Times: Supreme Court Strikes Down Race-Based Admissions at Harvard and U.N.C.

In disavowing race as a factor in achieving educational diversity, the court all but ensured that the student population at the campuses of elite institutions will become whiter and more Asian and less Black and Latino.

Race-conscious admissions programs at Harvard and the University of North Carolina are unconstitutional, the Supreme Court ruled on Thursday, the latest decision by its conservative supermajority on a contentious issue of American life.

Chief Justice John G. Roberts Jr., writing for the 6-3 majority, said the two programs “unavoidably employ race in a negative manner” and “involve racial stereotyping,” in a manner that violates the Constitution.

Universities can consider how race has affected an applicant’s life, but he emphasized that students “must be treated based on his or her experiences as an individual — not on the basis of race.”

Justice Sonia Sotomayor summarized her dissent from the bench — a rare move that signals profound disagreement. The court, she wrote, was “further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”

“The devastating impact of this decision cannot be overstated,” she said in her scorching dissent.

The ruling could have far-reaching effects, and not just at the colleges and universities across the country that are expected to revisit their admissions practices. The decision could prompt employers to rethink how they consider race in hiring and it could potentially narrow the pipeline of highly credentialed minority candidates entering the work force.

Read more details at the NYT.

There is exception to the ruling: it doesn’t apply to military academies. I wonder why?

https://twitter.com/themaxburns/status/1674431227670175745?s=20

On to the Trump investigation stories.

ABC News: Top Trump campaign aide identified as key individual in classified docs indictment: Sources.

One of the top advisers on Donald Trump’s 2024 campaign is among the individuals identified but not named by special counsel Jack Smith in his indictment against the former president for allegedly mishandling classified documents after leaving the White House and obstructing the government’s efforts to retrieve them, sources familiar with the matter told ABC News.

the-mystery-of-a-summer-night-1892-1024x730

The Mystery of a Summer Night, 1892, by Edvard Munch

Susie Wiles, one of Trump’s most trusted advisers leading his second reelection effort, is the individual singled out in Smith’s indictment as the “PAC Representative” who Trump is alleged to have shown a classified map to in August or September of 2021, sources said.

Trump, in the indictment, is alleged to have shown the classified map of an unidentified country to Wiles while discussing a military operation that Trump said “was not going well,” while adding that he “should not be showing the map” to her and “not to get too close.”

The alleged exchange between Trump and Wiles is the second of two instances detailed by prosecutors in the indictment showing how Trump allegedly disclosed classified information in private meetings after leaving the White House. The first was a July 2021 audio recording, obtained by ABC News earlier this week, in which Trump is heard showing people what he describes as a “secret” and “highly confidential” document relating to Iran.

ABC News has reported the meeting involved people who were helping Trump’s former chief of staff, Mark Meadows, with his memoir, according to sources. Smith’s team has spoken to the meeting’s attendees, which included the writers helping Meadows with his book and at least two aides to Trump, according to sources….

It does not appear, based on the indictment, that Trump was charged specifically for his retention of either the Iran document or the classified map shown to the person identified as Wiles. Rather, the two instances speak to what Smith’s prosecutors see as Trump’s state of mind in how he handled and sometimes shared classified materials in his possession after leaving the White House, sources said, as well as his alleged efforts to subvert the government’s efforts to get the documents back.

Rolling Stone: Trump Demanded ‘My Documents’ Back Even After His Lawyers Told Him He’d Be Indicted.

LAST MONTH, DONALD Trump’s lawyers told him he was on the cusp of a federal indictment in the classified documents case. But the former president still wanted “my documents” and “my boxes” back, asking some of his lawyers if they could get them from the federal government, according to a source with direct knowledge of the matter and two other people briefed on it.

It’s one of many such conversations Trump has had over the past few months, the sources say. In these conversations, Trump also claimed it was “illegal” that he could no longer have the documents seized in the Mar-a-Lago raid. Those materials, Trump insisted, belonged to “me.” Trump has also asked if there are any other possible legal maneuvers or court filings they could try to accomplish this that they hadn’t thought of yet.

For much of his post-presidency, Trump has incorrectly insisted to various aides and confidants that the highly classified documents he continued to hoard were “mine.” In some of these conversations, according to the source with knowledge of the matter, Trump has also mentioned that he’ll get the documents back in 2025 — because he predicts he’ll be president again, and therefore regain unfettered access to the government’s most sensitive secrets.

summer-night-inger-on-the-shore-1889

Summer Night – Inger on the Shore, 1899, by Edvard Munch

Apparently some of Trump’s lawyers have gone along with his claims.

Two sources familiar with the situation tell Rolling Stone that several lawyers — some retained by Trump and others politically aligned with him — have briefed Trump that he is, in their view, entitled to the return of government documents under an obscure part of the Presidential Records Act, specifically 44 USC 2205(3), which asserts that “Presidential records of a former President shall be available to such former President or the former President’s designated representative.”

But experts on classification rules disagree. “Whatever one might say about his Presidential Records Act argument, there’s no argument that it immunizes him from criminal prosecution under the Espionage Act,” Brian Greer, an attorney who served in the CIA’s office of general counsel from 2010 to 2018, tells Rolling Stone. Nor does the act allow a former president to defy a lawful court-ordered subpoena for documents and obstruct justice, as the special counsel alleges Trump did in the indictment, Greer adds.

Hugh Lowell at The Guardian: Trump valet arraignment delayed after losing Florida lawyer over fees dispute.

Donald Trump’s valet charged in the classified documents case had his arraignment on Tuesday delayed for a second time to July by a magistrate judge, after he was forced to abandon his top choice Florida lawyer over a dispute about legal fees, according to two people familiar with the matter.

The valet, Walt Nauta, appeared alongside Trump when the former president pleaded not guilty to 37 criminal charges in federal district court in Miami this month but could not himself enter a plea – a necessary step to start trial preparation – because he lacked local counsel.

Two weeks later, Nauta remains without a lawyer admitted to practice in the southern district of Florida after the person at the top of the shortlist drawn up by Nauta’s defense team decided he needed to charge higher fees to represent him the night before the arraignment, the people said.

The previously unreported dispute over fees in effect meant Nauta could not retain the person as his Florida lawyer, the people said, even though he would be paid by Trump’s political action committee Save America, which has also been paying the fees of his lead lawyer, Stanley Woodward.

The reason for the rate hike was not clear, but at least one Florida lawyer who had seriously considered representing Nauta decided several days ago that the reputational and legal risks of working with Trump’s co-defendant in the documents case were too great.

Susan Glasser at The New Yorker: Why Donald Trump Was So Mad at Mark Milley That He Confessed to a Crime.

With the sounds of papers rustling in the background, Trump is heard complaining about General Mark Milley, the chairman of the Joint Chiefs of Staff. “He said that I wanted to attack Iran—isn’t it amazing?” Trump told his visitors, who included book advisers to his former chief of staff, Mark Meadows. A few days earlier, I had reported about Milley’s concerns in the final months of Trump’s Presidency that Trump might provoke a military conflict with Iran as part of his effort to remain in power, despite losing the 2020 election. This, Milley told others, was one of the “nightmare scenarios” that he was working to prevent. At Bedminster, Trump apparently brandished the Pentagon’s attack plan—which he claimed had been presented to him by Milley. “This totally wins my case,” Trump said. “You know, except, like, it is highly confidential.” He added, “See, as President, I could have declassified it; now I can’t, but this is classified. . . . it’s so cool.” The tape ends with a line that was not included in the federal indictment: Trump asking, “Bring some Cokes in, please?” The whole exchange was happening, in other words, not in some top-secret facility, but with someone standing by to fetch drinks, in Trump’s office, right near the pool at his country club.

Summer Night on the Beach, Edvard Munch

Summer Night on the Beach, Edvard Munch

To legal observers and, indeed, to pretty much anyone who could hear, the audiotape sounded like an admission of guilt. But this is Trump, a serial liar for whom an obvious defense presents itself: that he was not telling the truth to his visitors when he claimed to be showing them secret papers. And, sure enough, by Tuesday, Trump told reporters on his way back from a New Hampshire campaign appearance, “It was bravado, if you want to know the truth”—bravado here being a Trump synonym for “bullshitting.” This is the 2023 equivalent of dismissing the “Access Hollywood” tape as mere “locker-room talk” that had nothing to do with Trump’s actual behavior toward women. He even suggested that the papers he is heard shuffling through were just “building plans.” For Trump, it’s better to be a liar than a convict.

The damning evidence against Trump would not exist if not for his rift with Mark Milley, a remarkable feud between the Commander-in-Chief and the nation’s top general that had been a secret backdrop to the public drama that played out after the 2020 election. At the time the tape was made, in the summer of 2021, Trump was apoplectic that Milley’s fears about him were becoming public. Two recently published books—one by the journalists Carol Leonnig and Phil Rucker of the Post, and the other by Michael Bender, then of the Wall Street Journal—had reported new details about Milley’s efforts, including regular “land the plane” phone calls with Meadows, the White House chief of staff, to prevent Trump from drawing the military into his quest to overturn the 2020 election. Milley was even quoted fretting about Trump and his supporters staging a “Reichstag moment”—a fear that seemed eerily prescient on January 6, 2021, when a violent mob of Trump supporters stormed the U.S. Capitol, seeking to block congressional certification of Trump’s defeat. Trump, in turn, publicly denounced Milley and said that he had only picked him as chairman in 2018 to spite James Mattis, his soon-to-quit Defense Secretary at the time.

Glasser, as always, is long-winded, so you’ll need to read more at The New Yorker to get the full story about Trump’s rage at Milley. Milley was afraid that Trump might try to attack Iran after he lost the election. Basically, Milley told the truth about him, and Trump never likes people who do that.

One more from Raw Story: I’ve ‘never seen anyone in government’ so dangerous to national security as Trump: Bob Woodward.

Legendary journalist Bob Woodward tore into former President Donald Trump in an interview on CNN Wednesday evening, calling him the largest threat to national security he had ever seen from any U.S. government official.

This comes amid the release of an audio tape of Trump boasting to patrons of his New Jersey golf club about possessing highly classified defense information about an attack on Iran — which he now denies — and reporting that he was motivated to do so by anger at Joint Chiefs Chairman Mark Milley for working to constrain his post-2020 election impulses.

“Bob, you’ve interviewed the former president a lot,” said anchor Anderson Cooper. “We’ve discussed your own tape of him. What stands out to you about this latest recording?”

“Well, it really shows that Donald Trump is an alarming, dangerous threat to national security,” said Woodward, who helped expose the Watergate scandal decades ago and has recently been caught up in a legal battle with Trump over White House transcripts. “In the book, ‘Peril’ that I did with Robert Costa, we recount two National Security Council meetings where Trump, not General Milley or the Defense Department, was agitating for a possible attack on Iran. And he is pushing it. And General Milley, the Chairman of the Joint Chiefs, the number one military man in the country, is telling Trump, you don’t want a war. If you start a war, you’re going to get into a conflict that you can’t get out of.”

“You see him in this reporting that we did from these meetings from notes, that it is the generals who say, no, no, no,” Woodward continued. “And Trump says, well — in one of the meetings the Iranians have enough to make two nuclear bombs, and he’s worried about that and thinking that maybe they should consider an attack. And these contingency plans are most sensitive documents in the government because what they do is they outline in a crisis how we might attack Iran, what the casualties would be, how many ships would be sunk, how long it might take. And that’s something you can’t treat casually, as Trump has.”

That’s it for me. What stories have caught your interest today?


Thursday Reads: Drip, Drip, Drip

The Balcony in Vernonnet, 1920, Pierre Bonnard

The Balcony in Vernonnet, 1920, Pierre Bonnard

Good Morning!!

The evidence against Trump keeps coming out bit by bit. Yesterday was a big day for news about the stolen documents case. CNN first broke the news that Trump was caught on tape discussing a classified document that he retained after leaving the White House. Then The New York Times, The Guardian, and The Washington Post added more information to the story.

CNN: EXCLUSIVE: Trump captured on tape talking about classified document he kept after leaving the White House.

Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.

The recording indicates Trump understood he retained classified material after leaving the White House, according to multiple sources familiar with the investigation. On the recording, Trump’s comments suggest he would like to share the information but he’s aware of limitations on his ability post-presidency to declassify records, two of the sources said….

Special counsel Jack Smith, who is leading the Justice Department investigation into Trump, has focused on the meeting as part of the criminal investigation into Trump’s handling of national security secrets. Sources describe the recording as an “important” piece of evidence in a possible case against Trump, who has repeatedly asserted he could retain presidential records and “automatically” declassify documents.

Prosecutors have asked witnesses about the recording and the document before a federal grand jury. The episode has generated enough interest for investigators to have questioned Gen. Mark Milley, one of the highest-ranking Trump-era national security officials, about the incident.

Ramo de gladiolos, lirios y margaritas (1878), Claude Monet

Ramo de gladiolos, lirios y margaritas (1878), Claude Monet

It’s interesting and significant that the meeting at which Trump talked about the document was at his Bedminster golf club in New Jersey. The incident took place at a meeting with two ghost writers who were working on Mark Meadows’ autobiography. Other attendees were “communications specialist” Margo Martin, and other Trump aides. It appears that Martin may be the source of the recording.

Back to the CNN story:

Meadows’ autobiography includes an account of what appears to be the same meeting, during which Trump “recalls a four-page report typed up by (Trump’s former chairman of the Joint Chiefs of Staff) Mark Milley himself. It contained the general’s own plan to attack Iran, deploying massive numbers of troops, something he urged President Trump to do more than once during his presidency.”

The document Trump references was not produced by Milley, CNN was told….

The meeting in which Trump discussed the Iran document with others happened shortly after The New Yorker published a story by Susan Glasser detailing how, in the final days of Trump’s presidency, Milley instructed the Joint Chiefs to ensure Trump issued no illegal orders and that he be informed if there was any concern. The story infuriated Trump.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Glasser reported that in the months following the election, Milley repeatedly argued against striking Iran and was concerned Trump “might set in motion a full-scale conflict that was not justified.” Milley and others talked Trump out of taking such a drastic action, according to the New Yorker story.

Trump appeared to be holding the secret document he was describing because the recording picked up the “sound of paper rustling.” Even if he didn’t show it to the others, he never should have had the document in an unsecured meeting room with people without security clearances.

Some observers were wondering if Trump could be charged with espionage if this recording is “top secret,” because then it might not be able to be used in court. But Hugh Lowell reports at The Guardian that it is only classified as  “secret”: Trump regretted not declassifying retained military document in recording.

The document at issue is understood to be classified as “secret” – significant as the justice department typically prefers to charge espionage cases involving retention of materials at that level, rather than “top secret” papers that might be too sensitive or “confidential” papers that are too low.

The recording was made at Trump’s Bedminster golf club in July 2021, when the former president met with people helping his former chief of staff Mark Meadows write a book, by his aide Margo Martin who regularly taped conversations with authors to ensure they accurately recounted his remarks.

Apple Tree In Blossom, 1898c, Carl Larsson (Swedish 1853-1919

Apple Tree In Blossom, 1898c, Carl Larsson (Swedish 1853-1919

For several minutes of the audio recording, the sources said, Trump talks about how he cannot discuss the document because he no longer possesses the sweeping presidential power to declassify now out of office, but suggests that he should have done so when he was still in the White House.

But the previously unreported suggestion that he should have declassified the document presents a potentially perilous moment, as it indicates Trump knew that he had retained material which remained sensitive to national security – as well as the limitations on discussing it with unauthorized people. CNN earlier reported that prosecutors had the recording.

Prosecutors in the office of special counsel Jack Smith appear to have obtained the recording around March, as the criminal investigation targeting Trump intensified and numerous Trump aides were subpoenaed to testify before the federal grand jury hearing evidence in the case in Washington.

The tape was played to multiple witnesses, including Martin, when she testified in mid-March after having her laptop and phones imaged by prosecutors, the sources said. The first time the Trump lawyers learned about the tape was after Martin testified, one of the sources said.

As I suggested earlier, it appears that Martin’s laptop was the source of the recording. The New York Times also reported that Martin attended the meeting and doesn’t quite claim she is the source, but it seems pretty likely, since prosecutors had her laptop. A bit more from The New York Times story:

Bouquet de Mimosa sur la Table 1938, Édouard Vuillard

Bouquet de Mimosa sur la Table 1938, Édouard Vuillard

In an interview with CNN on Wednesday night, James Trusty, a lawyer representing Mr. Trump in the case, indicated that the former president was taking the position that he had declassified the material he took with him upon leaving office.

“When he left for Mar-a-Lago with boxes of documents that other people packed for him that he brought, he was the commander in chief,” Mr. Trusty said. “There is no doubt that he has the constitutional authority as commander in chief to declassify.”

Mr. Trusty said officials could prove that Mr. Trump had declassified material. But when pressed on whether Mr. Trump had declassified the document in question at the Bedminster meeting, Mr. Trusty declined to say.

That’s pretty weak.

Here’s The Washington Post story, which you can read if you’re interested. It’s mostly a recap of the other reports and background on the investigation: Prosecutors have recording of Trump discussing sensitive Iran document.

One more Trump stolen document investigation story from The New York Times: Prosecutors Scrutinize Handling of Security Footage by Trump Aides in Documents Case.

For the past six months, prosecutors working for the special counsel Jack Smith have sought to determine whether former President Donald J. Trump obstructed the government’s efforts to retrieve a trove of classified documents he took from the White House.

More recently, investigators also appear to be pursuing a related question: whether Mr. Trump and some of his aides sought to interfere with the government’s attempt to obtain security camera footage from Mar-a-Lago that could shed light on how those documents were stored and who had access to them.

The search for answers on this second issue has taken investigators deep into the bowels of Mar-a-Lago, Mr. Trump’s private club and residence in Florida, as they pose questions to an expanding cast of low-level workers at the compound, according to people familiar with the matter. Some of the workers played a role in either securing boxes of material in a storage room at Mar-a-Lago or maintaining video footage from a security camera that was mounted outside the room.

Two weeks ago, the latest of these employees, an information technology worker named Yuscil Taveras, appeared before a grand jury in Washington, according to two people familiar with the matter.

Girl in a Garden, Henri LebasqueSo now we know the name of the aide who helped Walt Nauta move the boxes around.

Mr. Taveras was asked questions about his dealings with two other Trump employees: Walt Nauta, a longtime aide to Mr. Trump who served as one of his valets in the White House, and Carlos Deoliveira, described by one person familiar with the events as the head of maintenance at Mar-a-Lago.

Phone records show that Mr. Deoliveira called Mr. Taveras last summer, and prosecutors wanted to know why. The call caught the government’s attention because it was placed shortly after prosecutors issued a subpoena to Mr. Trump’s company, the Trump Organization, demanding the footage from the surveillance camera near the storage room.

The call also occurred just weeks after Mr. Deoliveira helped Mr. Nauta move boxes of documents into the storage room — the same room that Mr. Deoliveira at one point fitted with a lock. The movement of the boxes into the room took place at another key moment: on the day before prosecutors descended on Mar-a-Lago for a meeting with Mr. Trump’s lawyers intended to get him to comply with a demand to return all classified documents.

The Trump Organization ultimately turned over the surveillance tapes, but Mr. Smith’s prosecutors appear to be scrutinizing whether someone in Mr. Trump’s orbit tried to limit the amount of footage produced to the government.

They asked Mr. Taveras an open-ended question about if anyone had queried him about whether footage from the surveillance system could be deleted.

The Times doesn’t know what Taveras told the grand jury. Read more at the link.

Today, Hugo Lowell has another story at The Guardian on the turmoil among Trump’s many lawyers: Months of distrust inside Trump legal team led to top lawyer’s departure. And get this: Lowell learned all this because he was sitting at the next table in a restaurant.

Donald Trump’s legal team for months has weathered deep distrust and interpersonal conflict that could undermine its defense of the former president as the criminal investigation into his handling of classified documents and obstruction of justice at Mar-a-Lago nears its conclusion.

The turmoil inside the legal team only exploded into public view when one of the top lawyers, Tim Parlatore, abruptly resigned two weeks’ ago from the representation citing irreconcilable differences with Trump’s senior adviser and in-house counsel Boris Epshteyn.

But the departure of Parlatore was the culmination of months of simmering tensions that continue to threaten the effectiveness of the legal team at a crucial time – as federal prosecutors weigh criminal charges – in part because the interpersonal conflicts remain largely unresolved.

It also comes as multiple Trump lawyers are embroiled in numerous criminal investigations targeting the former president: Epshteyn was recently interviewed by the special counsel, while Parlatore and Trump lawyer Evan Corcoran testified to the grand jury in the classified documents inquiry.

The turmoil has revolved around hostility among the lawyers on the legal team who have come to distrust each other as well as their hostility directed at Epshteyn, over what they regard as his oversight of the legal work and gatekeeping direct access to the former president.

In one instance, the clashes became so acute that some of the lawyers agreed to a so-called “murder-suicide” pact where if Parlatore got fired, others would resign in solidarity. And as some of the lawyers tried to exclude Epshteyn, they withheld information from co-counsel who they suspected might brief him.

Read all the details at The Guardian link.

So . . . that’s the latest on just one of the Trump investigations. Will we learn more today? Drip, drip, drip.


Tuesday Reads

Solitude (Lonliness), Paul Delvaux, 1956

Solitude (Loneliness), Paul Delvaux, 1956

Good Morning!!

As Daknikat wrote yesterday, it looks as if Republicans will win enough seats to control the House with a very small majority. But they won’t be able to do much. I suppose they’ll spend their time and energy investigating Hunter Biden and any other crackpot problem they can dream up. The good news is than Lauren Bobert’s seat is still undecided for now.

AP News: California wins leave GOP poised to seize US House control.

Two threatened U.S. House Republicans in California triumphed over Democratic challengers Monday, helping move the GOP within a seat of seizing control of the chamber while a string of congressional races in the state remained in play.

In a bitter fight southeast of Los Angeles, Republican Rep. Michelle Steel defeated Democrat Jay Chen in a district that was specifically drawn to give Asian Americans, who comprise the largest group in the district, a stronger voice on Capitol Hill. It includes the nation’s largest Vietnamese community.

East of Los Angeles, Republican Rep. Ken Calvert notched a win over Democrat Will Rollins. With 80% of the votes tallied, Calvert, the longest serving Republican in the California congressional delegation, established a nearly 5,500-vote edge in the contest.

Ten races in the state remained undecided as vote-counting continued, though only a handful were seen as tight enough to break either way.

It takes 218 seats to control the House. Republicans have locked down 217 seats so far, with Democrats claiming 205.

Should Democrats fail to protect their fragile majority, Republican Rep. Kevin McCarthy of Bakersfield would be in line to replace Speaker Nancy Pelosi of San Francisco.

Read about the remaining undecided races at the link.

The Independent: Lauren Boebert – live: Republican under fire for ‘embarrassing’ tweet as she leads race by just 1,200 votes.

Lauren Boebert has taken aim at Nancy Pelosi and called for the House Speaker’s ousting while her own future in politics continues to hang in the balance.

“Waiting this long for election results is going to make firing Nancy Pelosi as Speaker of the House that much sweeter,” she wrote on Twitter on Monday.

Automat, Edward Hopper

Automat, Edward Hopper

Republicans are just one seat away from control of the House of Representatives, with the balance of power potentially hinging on th eoutcome of Ms Boebert’s race among serveral others that have not yet been decided.

Ms Boebert’s race is still too close to call and it is unlikely that the outcome will be known until the end of the week – at the soonest.

The far-right Republican is currently leading Democratic challenger Adam Frisch by just 1,122 votes in what has shaped up to be an unexpectedly close race. The race could be headed for an automatic recount if neither candidate fails to win by a margin of more than 0.5 per cent.

If only she would lose! This is from Newsweek yesterday: Lauren Boebert in Danger as Rejected Mail-in Ballot Checks Could Help Rival.

The race for Colorado’s third congressional district remains too close to be called, as Trump-endorsed Rep. Lauren Boebert is currently only slightly ahead of her rival, Democrat Adam Frisch.

But the incumbent congresswoman’s narrow lead could once again be overturned if thousands of likely rejected votes in favor of her challenger were to be “cured”, as a recount looms over the Colorado race.

Every year in Colorado, thousands of ballots are reportedly rejected for issues related to signature verification, such as a missing signature or a discrepancy in the signature. Local officials then alert voters of the issue, giving them a week to fix the problem and make their vote count. The process, which is done in 23 other state besides Colorado, is called “ballot curing.”

Boebert was widely projected to win the midterms, with polling website FiveThirtyEight giving her a 97 in 100 chance of victory in the days ahead of the vote.

As of November 14 and with nearly all of the ballots being counted, Boebert is leading with 50.1 percent of the vote (162,040 votes) against Frisch’s 49.8 percent (160,918 votes).

A recount could be called if the final margin between Boebert and Frisch is less than or equal to 0.5 percent of the leading candidate’s vote total. At the moment, the gap between the two candidates is 0.38 percent.

Frisch could still oust the Republican incumbent, an election denier and one of Donald Trump‘s most ardent supporters, if thousands of votes likely rejected for signature verification were cast in support of the Democratic nominee.

So it’s still up in the air.

In Arizona, Katie Hobbs finally triumphed in the race for governor. AZ Central: Katie Hobbs elected Arizona’s 5th female governor, defeating election denier Kari Lake.

Katie Hobbs, Arizona’s Democratic election chief who built a national profile by standing up to false claims about the 2020 presidential election, has won the state’s race for governor.

The Associated Press, NBC News and CNN called the race for Hobbs shortly after 7 p.m. Monday, following a nail-biter week of election returns that highlighted the competitiveness of politics in the state.

the-lonely-ones-1935, edvard Munch

The Lonely Ones, by Edvard Munch, 1935

“Democracy is worth the wait,” Hobbs posted on social media before issuing a statement thanking her family, volunteers and staff for their work.

“This was not just about an election — it was about moving this state forward and facing the challenges of our generation,” the statement read, ending: “Let’s get to work.”

Late-in-the-race polling showed her Republican opponent Kari Lake, the former television news anchor, with the momentum as Nov. 8 neared. Instead, voters offered a stunning rebuke of Lake, who was one of the nation’s most prominent election deniers.

With Hobbs’ win, Arizonans followed voters in other battleground states who rejected gubernatorial candidates who pushed false claims about election results.

As Arizona’s 24th governor, Hobbs will be the fifth female to hold the top elected office, more than in any other state.

That’s amazing. We just finally got our first female governor here in Massachusetts.

Donald Trump is supposedly announcing that he’s running for president today, and The New York Times and Washington Post can hardly wait. The NYT even hired another “Trump whisperer” to go along with their star access journalist Maggie Haberman. This is from Emptywheel: In the Wake of Trump’s Third Electoral Failure, NY Times Boasts of Hiring a Third Trump Whisperer.

…Jonathan Swan is a good reporter. Indeed, his move to the NYT, which frees him to write like a human being rather than a McKinsey consultant (AKA Axios style), will likely be a significant improvement on his coverage of DC politics.

But it is downright insane that, at a time the GOP and Fox News are at least making noise about ditching Trump, the NYT pitched this hire — and their own political reporting — in terms of Trump.

Our insightful, authoritative and addictive coverage of the election this year drove home an essential truth: The Times’s political team is simply the best in the business.

Take our coverage of Republicans and Donald J. Trump.

We have Maggie Haberman, the dominant reporter of the Trump era, whose prolific, revealing and exclusive coverage has become indispensable to millions of readers. We have Michael Bender, whom Maggie admired as her “fierce competitor” from his days at The Wall Street Journal, and who has delivered exclusives on everything from the former president’s plans to buy Greenland to examinations of how Trumpism remade the Republican party.

And today we are thrilled to tell you that Jonathan Swan, a gifted, dogged and high-impact reporter, will be joining The Times. Jonathan, a national political reporter at Axios, is one of the biggest news breakers and best-sourced reporters in Washington.

Even if you have never met Jonathan, you know his stories. He first reported that Trump would recognize Jerusalem as Israel’s capital, that the U.S. would pull out of the Paris climate deal, that Steve Bannon would be fired and that Paul Ryan would retire from Congress.

Or perhaps you watched his riveting interview with then-President Trump in 2020, which won Jonathan an Emmy (and made his facial expressions famous.) Ben Smith, the former media columnist for The Times, wrote at the time that it was “perhaps the best interview of Mr. Trump’s term.’’

Jonathan’s nine-part written series on the final days of the Trump administration won broad acclaim, and the podcast on which it was based rose to No. 1 on the Apple charts. [my emphasis]

Alan_Parry_ Weekend Retreat

Weekend Retreat, by Alan Parry

Again, I think the Swan hire is a net good for reporting — but aside from the degree to which Swan is an improvement over Jonathan Martin, who just moved to become Politico’s Politics Bureau Chief — that has nothing to do with the NYT.

Particularly accompanied as it is by Maggie’s multiple efforts to suggest Trump is still The One, the pitch of Swan as a Trump-whisperer — rather than simply as a very good reporter of right wing politics — this announcement commits to keeping Trump (as a politician, rather than, for example, a criminal suspect, something none of these three are very good at reporting) the center of attention.

The Washington Post article hyping Trump’s announcement–two years ahead of the 2024 election–of courses features gossip reporters Ashley Parker and Josh Dawsey: Trump campaign operation takes shape ahead of expected 2024 announcement.

Really, who the hell cares? Why don’t these newspapers cover President Biden, who is actually accomplishing plenty, while Trump is likely to be indicted before 2024? Or they could cover the fact that Russia is still working to influence our elections, which CNN reported this morning: CNN Exclusive: US intelligence suggests Russia put off announcing Kherson retreat until after midterm elections.

The US has intelligence that Russia may have delayed announcing its withdrawal from the Ukrainian city of Kherson in part to avoid giving the Biden administration a political win ahead of the midterm elections, according to four people familiar with the intelligence.

Senior Russian officials discussed the US midterms as a factor during deliberations about the withdrawal announcement, one person familiar with the intelligence said. Waiting until after the US election was always a “pre-planned condition” of Russia’s withdrawal from Kherson, a second person familiar with the intelligence told CNN.

Still, the election was far from the only consideration in Russia’s retreat, officials said. Military analysts say Russia had few other operational options and had been preparing to pull back for weeks, leading US officials to wonder when the Russians would officially acknowledge the withdrawal.

While the intelligence is not a formal assessment of Russia’s intentions, it is a sign that Russia has a continued interest in influencing the US political landscape — although the sources said Russia probably miscalculated the impact such an announcement would actually have on the elections.

“I doubt Americans would really have noticed,” said another source familiar with western intelligence.

President Joe Biden last week appeared to hint that the US believed that the timing of Russia’s announcement was more than mere coincidence.

“I find it interesting they waited until after the election to make that judgement, which we knew for some time they were going to be doing, and it’s evidence of the fact that they have some real problems – the Russian military,” Biden said at a press conference last Wednesday.

Carl_Gustav_Carus_-_Woman_on_the_Balcony_-_Google_Art_Project

Carl Gustav Carus, Woman on the Balcony

I’m going to end with this shocking story from The New York Times about Iran: Stymied by Protests, Iran Unleashes Its Wrath on Its Youth.

One girl, a 14-year-old, was incarcerated in an adult prison alongside drug offenders. A 16-year-old boy had his nose broken in detention after a beating by security officers. A 13-year-old girl was physically attacked by plainclothes militia who raided her school.

A brutal crackdown by the authorities in Iran trying to halt protests calling for social freedom and political change that have convulsed the country for the past two months has exacted a terrible toll on the nation’s youth, according to lawyers in Iran and rights activists familiar with the cases.

Young people, including teenage girls and boys, have been at the center of the demonstrations and clashes with security forces on the streets and university campuses and at high schools. Iranian officials have said the average age of protesters is 15.

Some have been beaten and detained, others have been shot and killed on the streets, or beaten in the custody of security services, and the lives of countless others have been disrupted as the authorities raid schools in an effort to crack down on dissent.

The authorities are targeting thousands of minors, under the age of 18, for participating in the protests, according to interviews with two dozen people, including lawyers in Iran involved in cases and rights activists, as well as parents, relatives and teenagers living in the country. Rights groups say that at least 50 minors have been killed.

The lawyers and many of the individuals interviewed for this article asked not to be named for fear of retribution.

The targeting of young people comes amid a broader crackdown on protesters in which 14,000 people have been arrested, according to the United Nations. On Sunday, state media said an unidentified person had been sentenced to death for setting fire to a government building.

There’s much more at the link. Sorry to hit you with this horrifying story, but I thought it was urgent. What can the U.S. do about this? The U.N.?

Please share your thoughts and any other stories that interest you in the comment thread.