A jury is set to hear opening statements Monday on whether Donald Trump falsified bank records in connection with his effort to hide an alleged affair from voters in the 2016 election.
The historic trial began this week with a speedy but emotional jury selection. A few potential jurors cried as they considered whether they could handle the first-ever trial of a former president — one who is known for his tirades against the U.S. justice system and is also the presumptive Republican nominee in this year’s presidential election.
New York Supreme Court Justice Juan Merchan thanked participants for their bravery as several shared painful details of their pasts in front of scores of reporters during the jury screening process. He praised others for their honesty in saying that Trump’s rhetoric would make it hard for them to judge Trump fairly.
“I feel so overcome, nervous and anxious,” one potential juror told the judge Friday morning. “This is so much more stressful than I thought it was going to be.” A couple of hours later, a man who had been protesting outside the courthouse all week in opposition to both Trump and President Biden set himself on fire; he was hospitalized in critical condition.
Through questions designed to root out bias among the jury pool, both sides have started to signal their trial strategies.
Assistant District Attorney Joshua Steinglass told prospective jurors that the government would prove not just bank fraud but an implicit conspiracy to “commit election fraud” and “pull the wool over the eyes of the American voters.” In prosecutors’ formulation, Trump skirted campaign finance laws by funneling a $130,000 payment to adult-film actress Stormy Daniels though Michael Cohen, his attorney and fixer, then falsely claiming the money used to repay Cohen was for legal work.
Defense attorney Susan Necheles laid the groundwork for impeaching the testimony of Cohen, a convicted perjurer, by asking potential jurors if they could “use your common sense” and “understand that if two witnesses … say two diametrically opposed things, someone is lying.”
She added that jurors should agree that “if somebody tells a story a number of different ways over time and changes the details, that might be a sign that they are lying.”
Lazy Caturday Reads
Posted: April 20, 2024 Filed under: cat art, caturday, Donald Trump, Joe Biden | Tags: FISA bill, House Speaker Mike Johnson, January 6, Judge Chutkan, Letitia James, MAGA Republicans, Marjorie Taylor Green, Rep. Ken Buck, Rep. Tom Cole, Russia, Trump trials, Ukraine aid 5 Comments
Drawing by Laurel Burch
Happy Caturday!!
I have a mixed bag of reads for you this morning. Of course there’s news about Trump’s trials. The jury is all set in the hush money/election interference case, and the trial will begin on Monday with opening statements. The jury interviews were disturbing; many potential jurors were anxious and fearful about getting involved in the case, and some actually shed tears. In the NY fraud case, it looks like Trump’s $175 million bond might not be accepted.
House Speaker Mike Johnson finally decided to pass a bill with aid for Ukraine, and it looks like this could happen this weekend. How did that happen?
The Senate was finally able to pass the FISA bill, just in the nick of time.
Marjorie Taylor Greene emerges as Moscow’s handmaiden, and some Republicans are fed up with her and the other far right crazies.
Trump Trials
The Washington Post: Opening statements set for Monday in Trump’s New York hush money trial.
Unknown artist
Some things jurors said during their interviews:
One member of the jury pool said Friday that growing up in New Jersey, Trump was his image of big city success. He told himself that one day he would live in Trump Tower, the Fifth Avenue landmark Trump built in the early 1980s: “That was a powerful symbol for me.”
Now, the man said, he associated Trump with “harmful” and “divisive” politics. Worse, he said, he did not think Trump really believed the biased things he said — “I think he just pushes it to stay in power.”
The man was eliminated from the group after it came out that he had referred to Trump on social media as “the devil.” So was a woman who said Trump’s rise had “emboldened” homophobic, racist and sexist commentary at the gym where she used to box.
Others were excluded for reasons having nothing to do with the famous defendant. One woman was overwhelmed with emotion when she explained she could not serve on the jury because of a past felony conviction, the details of which she shared with the judge. A man teared up when he said he had been the victim of a crime.
Trump’s team has been scouring social media for evidence that jurors are biased against him. But many of those picked said they did not engage on such platforms or follow politics closely, preferring news about sports, technology and business. Along with the mainstream news publications the president routinely disparages, multiple prospective jurorssaid they read the conservative New York Post and watch Fox News. And many of the people screened said they would have no problem judging the former president.
He seems “selfish and self-serving,” said one woman.
The way he carries himself in public “leaves something to be desired,” said another.
His “negative rhetoric and bias,” said another man, is what is “most harmful.”
Over the past week, Donald Trump has been forced to sit inside a frigid New York courtroom and listen to a parade of potential jurors in his criminal hush money trial share their unvarnished assessments of him.
It’s been a dramatic departure for the former president and presumptive 2024 GOP nominee, who is accustomed to spending his days in a cocoon of cheering crowds and constant adulation. Now a criminal defendant, Trump will instead spend the next several weeks subjected to strict rules that strip him of control over everything from what he is permitted to say to the temperature of the room.
“He’s the object of derision. It’s his nightmare. He can’t control the script. He can’t control the cinematography. He can’t control what’s being said about him. And the outcome could go in a direction he really doesn’t want,” said Tim O’Brien, a Trump biographer and critic.
Many days, Trump heads to his nearby golf course, where he is “swarmed by people wanting to shake his hand, take pictures of him, and tell him how amazing he is,” said Stephanie Grisham, a longtime aide who broke with Trump after the storming of the Capitol on Jan. 6, 2021….
Now, Trump faces a trial that could result in felony convictions and possible prison time. And he will have to listen to more critics, without being able to punch back verbally — something he revels in doing.
Artist unknown
NBC News: on the latest from the financial fraud case: New York AG Letitia James asks judge to void Trump’s bond in his civil fraud verdict.
New York Attorney General Letitia James on Friday asked that a judge void former President Donald Trump’s bond in his civil fraud case, questioning whether the company that issued it has the funds to back it up.
In a 26-page filing ahead of a pre-scheduled hearing on Monday, James expressed concern about whether Knight Specialty Insurance Company could secure the $175 million bond. She also argued that the collateral put up by the former president should be under the full control of the company.
One of James’ concerns about KSIC is that the insurer “is not authorized to write business in New York and thus not regulated by the state’s insurance department.” She added that the company “had never before written a surety bond in New York or in the prior two years in any other jurisdiction, and has a total policyholder surplus of just $138 million.”
James also criticized Trump’s team’s apparent hold on the collateral put up to back the bond.
“KSIC does not now have an exclusive right to control the account and will not obtain such control unless and until it exercises a right to do so on two days’ notice,” she wrote….
The new filing comes after James filed a notice earlier this month seeking more information about the former president’s bond. In that filing, she asked that Trump’s lawyers or the insurance company “file a motion to justify the surety bond” or provide additional information about the collateral put up by Trump within 10 days.
The hearing will compete for attention with the beginning of Trump’s trial in the hush money/election interference case.
Some January 6 case news at Politico: ‘It can happen again’: Judge set to preside over Trump trial delivers her toughest Jan. 6 sentence to date.
U.S. District Judge Tanya Chutkan has handed down her harshest Jan. 6 sentence to date — five-and-a-half years — to Scott Miller, a Maryland man and former Proud Boys leader who assaulted multiple officers in a violent attempt to breach the Capitol.
Chutkan based her sentence, delivered on Friday, in part on Miller’s “aggressive” actions at the Capitol but also on his private writings that called for racial and religious violence against minorities and Jews. She said the evidence of his “violent ideology” — his embrace of Nazism and his purported belief that Washington, D.C., residents should be executed — troubled her despite Miller’s insistence that he had disavowed those beliefs soon after Jan. 6.
Chutkan’s 66-month sentence narrowly edges two 63-month sentences she handed down to Robert Palmer and Mark Ponder, who similarly joined some of the most egregious violence at the Capitol on Jan. 6: the brutal hand-to-hand combat at the mouth of the building’s Lower West Terrace tunnel.
Chutkan, who is in line to preside over the criminal trial of Donald Trump for his bid to subvert the 2020 election, emphasized her belief that the Jan. 6 mob attack was “close to as serious a crisis as this nation has ever faced.” She lauded officers who, though outnumbered and ill-equipped, fought to protect the building.
“They faced horrendous circumstances. They were assaulted, spat on, beaten, kicked, gassed,” Chutkan said. “They are patriots.”
Chutkan also worried that the conditions that caused Jan. 6 still exist.
“It can happen again,” the Obama-appointed judge said. “Extremism is alive and well in this country. Threats of violence continue unabated.”
I can’t wait until Chutkan sits in judgement on Trump.
Mike Johnson’s turnaround on Ukraine
BBC News: Ukraine Russia war: US Congress close to passing long-awaited aid.
After months of delay, the House of Representatives is due to vote on tens of billions of dollars in US military aid for Ukraine and Israel.
The Guardians, Jerzy Marek
Both measures have vocal opponents in Congress, and their hopes of passage have hinged on a fragile bipartisan coalition to overcome legislative hurdles.
A key procedural vote on Friday gave a strong indication the votes will pass.
A debate is under way and voting is expected later on Saturday.
House Speaker Mike Johnson says he wants to push the measures through, even if it jeopardises his position.
The Ukraine vote will be closely watched in Kyiv, which has warned of an urgent need for fresh support from its allies as Russia makes steady gains on the battlefield.
If the House passes the bills, the Senate may approve the package as soon as this weekend. President Joe Biden has pledged to sign it into law.
Read details on the bills at the BBC link.
ABC News: House Democrats help Johnson avoid defeat on foreign aid bills, despite GOP defections.
The House on Friday cleared a key procedural hurdle in passing foreign aid to Israel, Ukraine and Taiwan, despite dozens of Republican defections, with Democrats helping Speaker Mike Johnson avoid a stinging defeat.
Soon after, a third Republican said he would join a threatened move to oust him.
The chamber voted 316-94 to advance the bills, setting up Saturday votes on final passage of $95 billion in foreign assistance that has been held up in a political fight in Washington for several months.
Procedural votes such as Friday’s are typically passed by the House majority alone, but Democrats stepped in to help push the legislation forward after Republican hard-liners collectively opposed the measure. More Democrats voted to advance the bills than Republicans.
“Democrats, once again, will be the adults in the room,” said Rep. Jim McGovern, D-Mass., during debate ahead of the vote.
Leaving the House floor after the vote, Johnson said the four foreign aid bills are “the best possible product” under the circumstances. “We look forward to final passage on the bill tomorrow.”
The individual bills provide roughly $26 billion for Israel, $61 billion for Ukraine and $8 billion for the Indo-Pacific. The measures are similar to legislation passed by a bipartisan group in the Senate back in February, which tied all aid together into one measure.
Greg Sargent at The New Republic: Mike Johnson’s Shockingly Pro-Ukraine Speech Really Sticks It to MAGA.
It was a remarkable moment: After introducing a package of bills that includes military aid to Ukraine, Mike Johnson flatly told reporters on Wednesday that enabling Ukraine to defend itself is in the best interests of America and the world. This surprised a lot of people who had wrongly assumed the House speaker was effectively functioning as a stooge for Vladimir Putin—and Donald Trump—and would thus slow-walk Ukraine aid to death before ever allowing a vote on it.
By Найди кота
Johnson’s new stance has attracted a good deal of positive attention. But I want to highlight an aspect of it that’s been overlooked because it’s an important tell about the true state of MAGA ideology and what it’s demanding of Republicans these days.
“I really do believe the intel and the briefings that we’ve gotten,” Johnson said, in a moment that became a mini-speech. “I think that Vladimir Putin would continue to march through Europe if he were allowed. I think he might go to the Balkans next. I think he might have a showdown with Poland, or one of our NATO allies.” If so, he added, we might find ourselves sending troops to defend allies from Putin later.
Did we really hear the speaker say that he believes what our intelligence services have told him about the long-term consequences of cutting off aid to Ukraine?
This is a direct challenge to the MAGA worldview in multiple ways. Johnson is treating Putin as the aggressor in the Russia-Ukraine conflict and acknowledging his broader imperialist designs, which is heresy to some MAGA Republicans. But he’s also flatly declaring that on these matters, the deep state is very much to be believed.
A big MAGA conceit is the idea that a nefarious deep-state network of senior federal bureaucrats, nongovernmental experts, and technocratic and managerial elites lurks behind the push to fund Ukraine—and that it’s making up lies about Russia’s war to create a pretext to fulfill a broader set of sinister globalist aims.
Representative Marjorie Taylor Greene recently tweeted this:
The Ukraine scam is up.
If our Republican majority in Congress funds Joe Biden’s war against Russia on behalf of Ukraine (because he’s a puppet on strings) then Republicans are tools of the foreign war loving deep state.
This is probably MAGA’s most elaborate exercise in up-is-down totalitarian-style propaganda of all: Biden is being manipulated by a deep-state “scam”—i.e., the idea that Ukraine is worth defending—to carry out a war against Russia, which has been magically transformed from aggressor to victim.
Read the rest at TNR.
It really appears that Biden worked his charms on Johnson over a period of weeks. Politico: How Johnson and Biden locked arms on Ukraine.
Speaker Mike Johnson’s sudden bid to deliver aid to Ukraine came days after fresh intelligence described the U.S. ally at a true make-or-break moment in its war with Russia.
It was exactly the kind of dire assessment that President Joe Biden and the White House had spent months privately warning Johnson was inevitable.
The House GOP leader is embracing $60.8 billion in assistance to Ukraine in a push to prevent deep losses on the battlefield, amid warnings that Ukrainians are badly outgunned and losing faith in the U.S. following months of delay in providing new funds.
The intelligence, shown to lawmakers last week and described by two members who have seen it, built on weeks of reports that have alarmed members of Congress and Biden administration officials. On Thursday, CIA Director William Burns warned that, barring more U.S. aid, Ukraine “could lose on the battlefield by the end of 2024.”
It heightened the sense of urgency surrounding a White House effort to convince Johnson to hold a public vote on Ukraine aid that has dragged on behind the scenes since the day he became speaker. Johnson had resisted for months in the face of growing threats to his speakership if he sided with Biden and allowed the vote.
Since the last time Congress approved aid to Ukraine in late 2022, conservative skepticism of sending U.S. weapons and dollars to the country has grown, threatening Johnson’s speakership as well as Biden’s foreign policy agenda.
But he has now effectively locked arms with the president: Johnson’s alignment with Biden this week has extended at times even to deploying similar talking points in favor of funding Ukraine, and comes in defiance of efforts by conservatives like Sen. J.D. Vance (R-Ohio) to rally a rebellion….
Johnson’s support for the aid bill, part of a package that could pass the House as soon as this weekend, would grant Biden a major foreign policy victory that has eluded him for a year. It would stabilize a Ukrainian defense running low on munitions and bracing for a renewed Russian offensive in early summer.
It’s also validation, Biden aides and allies said, of a White House strategy focused on slowly courting Johnson behind the scenes while letting him find his own path to a solution — even if it meant weathering frequent setbacks and building frustration within its own party.
Biden’s years of experience in the Senate and as Vice President are serving him (and us) in good stead.
Senate passes the FISA bill
Charlie Savage and Luke Broadwater at The New York Times: Senate Passes Two-Year Extension of Surveillance Law Just After It Expired.
The Senate early on Saturday approved an extension of a warrantless surveillance law, moving to renew it shortly after it had expired and sending President Biden legislation that national security officials say is crucial to fighting terrorism but that privacy advocates decry as a threat to Americans’ rights.
The law, known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, had appeared all but certain to lapse over the weekend, with senators unable for most of Friday to reach a deal on whether to consider changes opposed by national security officials and hawks.
By Chuck Berk
But after hours of negotiation, the Senate abruptly reconvened late on Friday for a flurry of votes in which those proposed revisions were rejected, one by one, and early on Saturday the bill, which extends Section 702 for two years, won approval, 60 to 34.
“We have good news for America’s national security,” Senator Chuck Schumer of New York, the Democratic majority leader, said as he stood during the late-night session to announce the agreement to complete work on the bill. “Allowing FISA to expire would have been dangerous.”
In a statement, Attorney General Merrick B. Garland praised the bill’s passage, calling Section 702 “indispensable to the Justice Department’s work to protect the American people from terrorist, nation-state, cyber and other threats.” [….]
While the program has legal authority to continue operating until April 2025 regardless of whether Congress extended the law, the White House sent a statement to senators on Friday warning them that a “major provider has indicated it intends to cease collection on Monday” and that another said it was considering stopping collection. The statement did not identify them, and the Justice Department declined to say more.
The statement also said that the administration was confident that the FISA court would order any such companies to resume complying with the program, but that there could be gaps in collection in the meantime — and if a rash of providers challenged the program, the “situation could turn very bad and dangerous very quickly.” It urged senators to pass the House bill without any amendments before the midnight deadline.
Marjorie Taylor Greene and the Crazy Caucus
Julia Davis at The Daily Beast: Whiplash as Russia Toasts Derided Marjorie Taylor Greene as Their Top New Hero.
In recent years, clips from Tucker Carlson’s shows were prominently featured on many Russian state TV shows, with hosts and guests clinging to his every word and even surmising he might be the only American they don’t want to kill.
After Carlson’s flat-footed interview with Russian President Vladimir Putin, followed by caustic comments from both the host and the subject, the bloom was off the rose.
Similarly, Mike Johnson’s arrival as the 56th Speaker of the House was cheered on state TV with the anticipation that—at Trump’s request—he would block U.S. aid to Ukraine. For months, Johnson did just that, prompting state TV host Olga Skabeeva to describe him as “our Johnson.” His recent reversal of this stance prompted Russian propagandists to debate whether he was “bought” or simply “bent over” by the Democrats.
Now, Russia’s former favorites have been edged out by Congresswoman Marjorie Taylor Greene—the new darling of the Kremlin-controlled state television. In the past, Greene was routinely mocked for her uneducated statements and used as a prime example of how stupid all Americans are, which is a popular refrain in Russian media. After laughing at Greene for confusing gazpacho with the Nazi Gestapo and claiming that California wildfires have been caused by “Jewish space lasers,” leading propagandists described her antics as evidence of the “mental debilitation” of Western politicians.
By Malysheva Nastenka
But the mood changed once Greene started to say things that the Russian propaganda apparatus found extremely useful. Her Tweets that labeled NATO as a useless organization and demanded the U.S. withdraw from the alliance it is currently leading were featured on state TV and described as “sensational.” Greene’s rhetoric has been interpreted by state TV host Evgeny Popov to mean that “She believes that Americans should help Putin win. Yes, you heard that right. To help him win in Ukraine.”
Greene’s baseless claims that the U.S. is “supporting Nazis in Ukraine” were likewise lauded by state TV propagandists and showcased on multiple channels. Previous mockery did not deter the state-controlled media from gladly using Greene’s misleading statements to their advantage. The U.S. congresswoman was starting to become a long-distance darling for the Moscow crowd, prominently featured on state television and adored to the point that the Kremlin’s favorite propagandist Vladimir Solovyov proclaimed, “Thank goodness she exists.”
The importance of influential Westerners repeating the Russian talking points is constantly underscored by the head of RT, Margarita Simonyan—who admits that her state-controlled network is running covert operations in the United States and other countries. She described RT’s efforts as the “empire of covert projects that is working with public opinion.”
Greene is now routinely showcased on the most popular programs as a prime example that the cracks in the GOP support for Ukraine are “good signals from Washington.” Solovyov and the guests on his show even touted Marjorie as a possible replacement for Russia’s perennial favorite, Donald Trump, as the next U.S. president—while acknowledging that the congresswoman is “somewhat funny.”
The Hill: Buck takes swing at ‘Moscow Marjorie’: She is just ‘mouthing the Russian propaganda.’
Former Rep. Ken Buck (R-Colo.) went after Rep. Marjorie Taylor Greene (R-Ga.) for her anti-Ukraine position in an interview on CNN Friday.
“Moscow Marjorie has reached a new low,” Buck said in an interview on CNN’s “Erin Burnett OutFront” with anchor Erica Hill. “You know, during the Russian Revolution, [Bolshevik Revolution leader Vladimir] Lenin talked about American journalists who were writing glowing reports about Russia at the time as ‘useful idiots.’”
“And I don’t even think that Marjorie reaches that level of being a useful idiot here,” Buck continued. “She is just mouthing the Russian propaganda, and really hurting American foreign policy in the process.”
During a House Oversight Committee meeting Wednesday, Greene noted news stories and displayed photos she said showed neo-Nazis in Ukraine. She brought up her concern over how it is seen as misinformation to discuss “the Nazis in Ukraine and their recruitment efforts that go all around the world.”
Greene, who also filed a motion in late March to vacate against current House Speaker Mike Johnson (R-La.), argued against foreign aid during an appearance on former White House aide Steve Bannon’s “War Room” podcast Thursday, saying she wants “an ‘America First’ economy” and that “we are going to demand it from our Republican leaders.” [….]
It’s not the first time Buck has referred to Greene as “Moscow Marjorie”. The Colorado Republican coined the nickname earlier this month when disagreeing with former House Speaker Kevin McCarthy’s (R-Calif.) assessment of Taylor Greene as a “very serious legislator”.
“My experience with Marjorie is, people have talked to her about not filing articles of impeachment on President Biden before he was sworn into office, on not filing articles of impeachment that were groundless made on other individuals in the Biden administration,” he told Erin Burnett in a separate CNN interview.
“And she was never moved by that. She was always focused on her social media account,” Buck continued. “And Moscow Marjorie is focused now on this Ukraine issue and getting her talking points from the Kremlin and making sure that she is popular and she is getting a lot of coverage.”
Rep. Tom Cole (R-Oklahoma) has been in the House of Representatives for more than 20 years. In a recent interview with Politico, he unleashed on newer members of the House Republican Conference over behavior he views as counterproductive.
Cole was particularly candid about his feelings for the House majority’s far-right fringe. He lamented that a small handful of extremists among his conference has so far been able to oust a sitting House speaker and assert their will over the rest of the party despite not holding any leadership positions.
The Oklahoma Republican, who chairs the House Rules Committee, specifically referred to the hijacking of the rules process — in which the majority shapes legislation in a way that gives it the best chance of passage before it’s actually brought to the floor — as a primary concern. He noted that while members of the majority voting down rules to make a political point was done sparingly when Reps. John Boehner (R-Ohio) and Paul Ryan (R-Wisconsin) were speaker, “we just finally saw the dam break” after former House Speaker Kevin McCarthy (R-California) was forced out.
“I would argue it’s a lack of respect for the institution and the wisdom of the institution. These things have evolved over not decades, but centuries. This is a 234-year-old institution,” Cole said. “So it’s, you know, you’ve got to grow up.”
Cole was especially sore about the eight Republicans who sided with all Democrats to oust McCarthy last fall. He noted that even though the motion to vacate McCarthy came about after he worked with Democrats to keep the U.S. current on its debt service obligations, House Democrats were eager to use the opportunity to strip McCarthy of the speaker’s gavel.
“I think it’s on both sides of the aisle. They see the turmoil. I think Democrats kind of enjoyed it in McCarthy’s case because they weren’t particularly fond of him. He was our most effective political player, largest fundraiser, best candidate recruiter, best strategist, so I get why they wanted to take our Tom Brady off the field,” Cole said. “He kept the government open on a Saturday, and he was fired on Tuesday.”
Currently, House rules allow for just one member to bring a motion to vacate a sitting speaker to the floor. Cole told Politico he thought that threshold should be raised in order to avoid the chaos that engulfed the House of Representatives for nearly a month in 2023 while the majority bickered among itself about who should become the next speaker.
“Frankly, I think you should have a majority of your own caucus that wants to do this. We had eight people that put ourselves at the mercy of the Democratic minority leader — and there wasn’t any mercy in that case,” Cole said. “And quite frankly, they had no alternative candidate. They had no exit strategy. It was just, ‘I’m mad and I have the ability to do it.'”
Republicans in disarray.
Those are the top stories today, as I see it. What other stories have caught your interest?
Lazy Caturday Reads
Posted: January 21, 2023 Filed under: cat art, Cats, caturday | Tags: Brett Kavanaugh, Covid-19, Davos, debt limit, Doug Letter, Janet Yellen, January 6, John Roberts, leaked draft, medicare, Roe v. Wade, Social Security, Supreme Court 21 Comments
Goddess, Hunter, Consort, Thief, by Peter Paul Rubens, 16th Century
Happy Caturday!!
The Supreme Court is in the news and not in a good way. You know about John Roberts’ failed “investigation” into the leak of the draft decision to overturn Roe v. Wade, but did you know about the secret documentary on Brett Kavanaugh? Here’s the latest:
Charlie Savage at The New York Times: Supreme Court’s Inquiry Into Leak Included Interviews With Justices.
The Supreme Court’s internal investigation into who leaked a draft of the opinion last year overturning the landmark decision that had established a constitutional right to abortion included talking to all nine justices, the marshal of the court said on Friday.
But the justices — unlike dozens of law clerks and permanent employees of the court — were not made to sign sworn affidavits attesting that they had not been involved in the leak of the draft opinion overruling Roe v. Wade and that they knew nothing about it.
The clarification by the marshal, Gail A. Curley, who oversaw the inquiry, followed widespread speculation over its scope and limitations. In a 20-page report on Thursday, Ms. Curley disclosed that the investigation had not turned up the source of the leak while leaving ambiguous whether it had extended to interviewing the justices themselves.
“During the course of the investigation, I spoke with each of the justices, several on multiple occasions,” Ms. Curley said on Friday. “The justices actively cooperated in this iterative process, asking questions and answering mine.”
She added: “I followed up on all credible leads, none of which implicated the justices or their spouses. On this basis, I did not believe that it was necessary to ask the justices to sign sworn affidavits.”
Ms. Curley did not indicate whether she searched the justices’ court-issued electronic devices and asked them to turn over personal devices and cellphone records, as she did with other personnel. She also did not address whether she had interviewed any of the justices’ spouses, another question that arose after her report was made public.
It wasn’t much of an investigation if even Gini Thomas was not questioned, and the most likely suspects–the right wing justices– weren’t required to sign affidavits. But no one really expected Roberts to do a serious investigation when he won’t even deal with the justices’ political activities and conflicts of interest. What a weakling he is.
On to the Kavanagh documentary.
The Guardian: ‘I hope this triggers outrage’: surprise Brett Kavanaugh documentary premieres at Sundance.
A secretly made documentary expanding on allegations of sexual assault against supreme court justice Brett Kavanaugh has premiered at this year’s Sundance film festival.
Four year old girl with cat, by Jacob Gerritsz Cuyp, 1647
Justice, a last-minute addition to the schedule, aims to shine a light not only on the women who have accused Kavanaugh, a Donald Trump nominee, but also the failed FBI investigation into the allegations.
“I do hope this triggers outrage,” said producer Amy Herdy in a Q&A after the premiere in Park City, Utah. “I do hope that this triggers action, I do hope that this triggers additional investigation with real subpoena powers.”
The film provides a timeline of the allegations, initially that Kavanaugh was accused by Christine Blasey Ford of sexual assault when she was 15 and he 17. She alleged that he held her down on a bed and groped her, and tried to rip her clothes off before she got away. Kavanaugh was also accused of sexual misconduct by Deborah Ramirez, who alleged that he exposed himself and thrust his penis at her face without her consent at a college party.
About the film:
The first scene features Ford, half off-camera, interviewed by the film’s director Doug Liman, whose credits include Mr and Mrs Smith and The Bourne Identity. Justice features a number of interviews with journalists, lawyers, psychologists and those who knew Ford and Ramirez.
“This was the kind of movie where people are terrified,” Liman said. “The people that chose to participate in the movie are heroes.”
In the film, Ramirez, who previously told her story to Ronan Farrow in the New Yorker, also shares her story on-camera. Ramirez is referred to as someone “they worked hard for people not to know”, her story never given the space it deserved until long after Kavanaugh was confirmed to the court in October 2018….
The film then details how the circles around Ramirez and Kavanaugh responded, showing text messages of a discussion when Ramirez’s allegations were about to go public, of a mutual friend being asked by Kavanaugh to go on record to defend him. Another friend refers to it as “a cover-up”.
The New Yorker included a statement from a group of students at the time in support of Kavanaugh. A year later, the film shows that two of them emailed the New Yorker to remove their names from the statement.
Ramirez’s lawyers claim they contacted Republican senator Jeff Flake, who was involved in Kavanaugh’s confirmation hearings, to explain what happened to her. The next day Flake called to delay the confirmation and insist on a week-long FBI investigation.
But the film details how the FBI failed to call on the many witnesses recommended by Ramirez’s lawyers. Footage is shown of the film-makers meeting with a confidential source who plays tape of Kavanaugh’s classmate Max Stier, now a prominent figure in Washington running a non-profit, who allegedly witnessed Kavanaugh involved in a similar act of alleged drunken exposure with a female student at a dorm party at Yale. The woman has chosen to remain anonymous and this is the first time this recording has been heard.
Read more details at the link. You can also check out this piece at The Hollywood Reporter: How Doug Liman Directed a Brett Kavanaugh FBI Investigation Doc in Secret.
Some January 6 investigation news:
Politico: The House’s legal lieutenant in its Trump wars speaks out — about Jan. 6 and more.
While Congress’ biggest Donald Trump antagonists are household names to political junkies — think Liz Cheney, Adam Schiff, Jamie Raskin — there’s a lesser-known Trump adversary who may have been more effective than the others: Doug Letter.
Portrait of Cleopea Krieg von Bellikon, 1499-1671, by Hans Asper
The former House general counsel was involved in every political brawl between House Democrats and Trump that has defined Washington politics for the past four years. Letter helped guide the work of the Jan. 6 select committee, played a critical role in both Trump impeachments and strategized the certification of Joe Biden’s win — before violent rioters upended those plans on Jan. 6, 2021….
In a wide-ranging interview with POLITICO, the House’s former top attorney described his tenure battling a former president who tested the limits of executive power at every turn, resisting efforts at accountability in ways that previous chief executives had not. But he has faith that his work helped to stem future presidential attempts to push constitutional boundaries, lending more power to lawmakers.
“I just feel like the Biden administration and future administrations are not going to act like the Trump administration,” Letter said. “They’re not going to show such ignorance of our system and think that the executive branch can ignore the legislative branch. That’s not the way it works.”
Doug Letter on January 6:
Letter was returning to the House floor from some basement vending machines when he ran into Speaker Nancy Pelosi being whisked from the Capitol under heavy guard. Don’t go back up there, one official told him. An angry mob had breached the building.
But Letter, in a panic, said he had to retrieve several giant binders that were full of sensitive strategy and scripts for the day’s proceedings. He opted to forgo evacuating with Pelosi and instead raced back to the chamber.
“I was the last person in before they locked the doors,” Letter recalled.
The attack on the Capitol led to the Jan. 6 select committee, where the House’s then-top attorney charted a legal strategy that Letter now describes as one of the hallmarks of his tenure.
Through his work on that panel, Letter secured at least two streams of information that became a core element of the committee’s voluminous findings: Trump’s confidential White House records and the Chapman University emails of attorney John Eastman, an architect of the then-president’s bid to subvert the 2020 election.
Letter also won court fights to obtain telephone records from Arizona GOP chair Kelli Ward, who took part in Trump world’s plan to send false electors to Congress. And he helped direct the House’s strategy to hold certain Trump advisers in contempt of Congress, which resulted in prosecutions of Trump advisers Peter Navarro and Steve Bannon.
“We had a whole enormous number of people that, as we now know, were putting together this massive, not just a conspiracy, but a whole bunch of conspiracies, to attack our democracy,” Letter said.
Read the rest at Politico.
Joseph Goodhue Chandler, American folk art
As you know, I went to a meeting in my over-60 apartment building awhile back. Most of the people there weren’t wearing masks. I came down with something a few days later, and it dragged on for weeks. I thought others here in the building were being careful too, but I was wrong. We haven’t talked much about Covid-19 on the blog lately, but yesterday I read this article that really angered me, and I want to share it with you.
Slate: Billionaires at Davos Don’t Think COVID Is a Cold.
In photos of 2023’s World Economic Forum—or Davos as it is commonly called, after the Swiss resort town where it annually occurs—you might not notice the HEPA filters. They’re in the background, unobtrusive and unremarked upon, quietly cleansing the air of viruses and bacteria. You wouldn’t know—not unless you asked—that every attendee was PCR tested before entering the forum, or that in the case of a positive test, access was automatically, electronically, revoked. The folks on stage aren’t sporting masks (mostly), so unless you looked at the official Davos Health & Safety protocol, you wouldn’t be aware that their on-site drivers are required to wear them. You also might be surprised to learn that if, at any point, you start to feel ill at Davos, you can go collect a free rapid test, or even call their dedicated COVID hotline.
It’s hard to square this information with the public narrative about COVID, isn’t it? President Joe Biden has called the pandemic “over.” The New York Timesrecently claimed that “the risk of Covid is similar to that of the flu” in an article about “hold outs” that are annoyingly refusing to accept continual reinfection as their “new normal.” Yet, this week the richest people in the world are taking common sense, easy—but strict—precautions to ensure they don’t catch COVID-19 at Davos.
In addition to high-quality ventilation, masks, hotlines and PCR testing, some have noted the signature blue glow of Far-UVC lighting, demonstrated to kill pathogens in the air, although this is unconfirmed. We can be certain, however, that the testing, high-quality ventilation, and filtration protocol is effective at preventing the kind of super-spreader events most of us are now accustomed to attending.
t seems unlikely to me that a New York Times reporter will follow the super-rich around like David Attenborough on safari, the way one of their employees did when they profiled middle-class maskers last month. I doubt they will write “family members and friends can get a little exasperated by the hyper-concern” about the assembled prime ministers, presidents, and CEOs in Switzerland. After all, these are important people. The kind of people who merit high-quality ventilation. The kind of people who deserve accurate tests.
Why is the media so hellbent on portraying simple, scientifically proven measures like masking—in environments absent of high-quality ventilation, full of people who do not have easy and consistent access to tests—as ridiculous and unnecessary as hundreds of people continue to die daily here in the U.S.?
Why is the public accepting a “new normal” where we are expected to get infected over and over and over again, at work events with zero precautions, on airplanes with no masks, and at social dinners trying to approximate our 2019 normal?
Very good questions. I guess the rich are entitled to protection, but the rest of us can just get sick and die for all they care. I hope you’ll go read the whole article at Slate.
Finally, a couple of articles about the upcoming fight over the debt limit:
CNN: Yellen warns of ‘global financial crisis’ if US debt limit agreement isn’t reached.
Treasury Secretary Janet Yellen on Friday warned of the widespread global effects that could be felt if the federal government exhausts extraordinary measures and fails to raise the debt ceiling, telling CNN’s Christiane Amanpour about the ways everyday Americans could face stark consequences.
Yellen’s warning comes after the United States on Thursday hit its $31.4 trillion debt limit set by Congress, forcing the Treasury Department to start taking extraordinary measures to keep the government paying its bills.
Still Life with Fighting Cats, by Frans Snyders (1579-1657), Flemish painter
While those newly deployed extraordinary measures are largely behind-the-scenes accounting maneuvers, Yellen told Amanpour that “the actual date at which we would no longer be able to use these measures is quite uncertain, but it could conceivably come as early as early June.”
Speaking exclusively to CNN from Senegal, Yellen said that after the measures are exhausted, the US could experience at a minimum downgrading of its debt as a result of Congress failing to raise the debt ceiling. The effects of the federal government failing to make payments, she argued, could be as broad as a “global financial crisis.”
“If that happened, our borrowing costs would increase and every American would see that their borrowing costs would increase as well,” Yellen said. “On top of that, a failure to make payments that are due, whether it’s the bondholders or to Social Security recipients or to our military, would undoubtedly cause a recession in the US economy and could cause a global financial crisis.”
“It would certainly undermine the role of the dollar as a reserve currency that is used in transactions all over the world. And Americans – many people would lose their jobs and certainly their borrowing costs would rise,” she continued.
Read more at CNN.
The Washington Post: Biden aides want to force GOP to abandon debt limit threats.
It’s January 6th. Do you know where our democracy is Headed?
Posted: January 6, 2023 Filed under: just because | Tags: January 6, Live Blog Speaker Vote 26 Comments
Aug. 28, 1963 — Martin Luther King Jr.’s “I Have a Dream” speech
Good Day Sky Dancers!
When I started this blog as a file cabinet for my writing else blog, I knew I’d commemorate days of celebration and sadness. We’ve had both and other highly emotional anniversaries. For me, it’s the day that Hurricane Katrina made landfall. For JJ, it’s undoubtedly September 11th. For BB, it’s likely the day of the Boston Marathon bombing. Most of us remember the assassination of JFK, RFK, and MLK. We have memories of Watergate. Then, there are those passed on from our grandparents and parents, like the bombing of Pearl Harbor. We have days to commemorate our War dead and those who fought for our democracy and preservation of the Union, and for the abolition of slavery.
Today is the second anniversary of the January 6th insurrection. Everything dealing with that day and events before, after, and surrounding it stands out as the day a violent minority decided they’d prefer a tyrant to the democratic republic left to us by those who formed the country and those who have ensured we expand the dream of liberty and justice for all.
Abraham Lincoln gave his speech at the dedication of the Gettysburg National Cemetery before this crowd on November 19, 1863, at Gettysburg.
Today, one-third of our government is gridlocked because of that same obnoxious and toxic group of insurrectionists. This is happening even while our Justice System deals with the illegal acts from 2 years ago. States have made it harder for some people to vote in between events. We’ve also seen women declared incapable of making their own reproductive healthcare decisions. We’ve seen military-style weapons turn on children, grocery shoppers, and places built by the GLBTQ community as safe spaces. Anti-semitism is part of daily conversation. And, we have the return of Book Banning. ” More censorship. Florida No. 1 in prison book-bans. Even books about ‘Star Trek’ and flowers” This commentary is by Scott Maxwell, writing for the Orlando Sentinal.
It’s hard to keep track of all the things that have been banned and censored here in the “Free State of Florida” — from middle school math books to live entertainment.
But some of the most-banned commodities in the Sunshine State are the books allowed in prisons.
As the Orlando Sentinel’s Amanda Rabines recently reported, Florida’s prison system is a leading book-banner, restricting everything from issues of The Economist magazine to “Betty Crocker’s Good and Easy Cookbook.”
And when the researchers from The Marshall Project, a nonprofit focused on the U.S. justice system, describe Florida as a leading book-banner, they mean leading by a country mile.
In Georgia, they banned 28 books. In Kansas, it was 99.
In Florida, the number was 20,200.
Florida’s goal seems to be to keep incarcerated people bored and uneducated — a dangerous combination for correctional guards while prisoners are still behind bars, and for the public if and when they’re ever released.
Unless you believe society is better off when prisoners are prohibited from reading books like “How to Draw and Paint Flowers”?
The biggest question remains how resilient our institutions of governance are? It took decades to deal with Jim Crow laws in the South after the end of reconstruction. It took decades to extend access to voting beyond the original white, rich male landowners. It also took decades and a constitutional amendment to make the US Senate a democratically elected body.
Enemy troops did not storm our Capitol during the Civil War. We have a law that prevents insurrectionists from running for office. How can we deal with those holding public positions today if we can’t even block modern insurrectionists from the highest positions in the country? How is it that Trump can run for the office of President again?
President Joe Biden on Friday will commemorate the January 6, 2021, insurrection at the US Capitol – the day he’s called “one of the darkest periods of our nation’s history” – as he seeks to elevate the law enforcement and election officials that held firm against the most serious effort to prevent the peaceful transfer of power in US history.
In a week defined by dramatic contrasts between a White House at work and a House Republican majority in chaos, Friday’s event will serve as an almost visceral coda. It will give Biden the opportunity to highlight the extremist risk to the nation and its politics that he sees as still very real – even as signs that the fever driven by his predecessor has started to break in concrete ways. That risk, in the view of some White House officials, will serve as a literal, if unintentional, split screen to Biden’s remarks.
Officials say Biden doesn’t plan to directly address the chaos on the House floor that has blocked Republican Leader Kevin McCarthy from the speakership the last four days. But the connection is unmistakable.
Many in the House commemorated the occasion with a moment of silence. We’re now back to live coverage of the next vote, where we will not have a congress or a Speaker of the House who is second in line to the Presidency. Will today change anything?
Texas Governor John Connally adjusts his tie (foreground) as President and Mrs. Kennedy, in a pink outfit, settled in rear seats, prepared for motorcade into the city from the airport, Nov. 22, 1963, in Dallas.
Representative Clyburn is giving a heartfelt speech on “liberty, justice, and freedom” for all. He’s the Representative putting Jeffries’s name up for Speaker right now. He’s speaking about two years ago and the abnormal number of votes being held this week. “America is great because she is good. If America ceases to be good, she will not be great.”
And Gaetz just nominated Jim Jordan. His speech was so vitriolic that some members walked out on it. Boebert is nominating Hearn of Oklahoma. They evidently attended a meeting last night. “House members blocking McCarthy speaker bid meet at offices of ex-Trump chief Mark Meadows.” This is reported by John Ward.
Several Republican House members fighting to stop Rep. Kevin McCarthy from becoming speaker of the House met Friday morning at the offices of the Conservative Partnership Institute, an organization run by Mark Meadows and Jim DeMint.
Meadows, a former Republican congressman from North Carolina, was chief of staff to former President Donald Trump and played a central role in efforts to overturn the 2020 election. He joined CPI as senior partner in January 2021, a few weeks after Trump supporters stormed the U.S. Capitol, on Jan. 6.
There just was one switch to McCarthy. It was from Dan Bishop of South Carolina. And now a second.
I’m opening this post now so we can be live.
March 17, 1973 — “Burst of Joy” Sal Veder, In this Pulitzer Prize–winning picture, released prisoner of war Lt. Col. Robert L. Stirm is greeted by his family at Travis Air Force Base in Fairfield, California, as he returns home from the Vietnam War.
Here are some other suggested reads:
Alayna Treene / Axios: House Democrats connect Jan. 6 to GOP’s speakership fight
Alan Feuer / New York Times Judge Rules for Justice Dept. in Dispute With Trump Over Documents Search
Bloomberg: Trump Special Counsel Probe Adds Two Anti-Corruption Prosecutors
Jose Pagliery / The Daily Beast: How Trump’s Missing Call Logs Could Become His Nixon Tapes
CNN: Two years after US Capitol attack, investigation into Trump and insurrection enters new phase
Thursday Reads: Come Hell and High Water
Posted: March 31, 2022 Filed under: just because | Tags: DOJ Investigation January 6, January 6, Russia Ukraine war, Trump Treason 22 Comments
The Storm, Pierre-Auguste Cot, 1880, The Met
Good Day Sky Dancers!
I’m back from another few days of more excitement than I really need. Fortunately, the worst of yesterday’s storms missed the City of New Orleans but more than a dozen tornadoes ravaged the south including states north and east of us. I spent most of the evening fixated on the various radars identifying debris and hooks. I can’t wait to get my weather station set up in the backyard!
There is some news coming out of the Justice Department about a criminal probe into the January 6 rally prep and funding. The Washington Post had most of its national security reporters on the story and it’s a big one! They broke the story last night around supper time. “Justice Dept. expands Jan. 6 probe to look at rally prep, financing. Subpoena requests seek information about the planning for gathering outside White House that preceded Capitol riot”
In the past two months, a federal grand jury in Washington has issued subpoena requests to some officials in former president Donald Trump’s orbit who assisted in planning, funding and executing the Jan. 6 rally, said the people familiar with the matter, who spoke on the condition of anonymity to discuss an ongoing investigation.
The development shows the degree to which the Justice Department investigation — which already involves more defendants than any other criminal prosecution in the nation’s history — has moved further beyond the storming of the Capitol to examine events preceding the attack.
The events of Jan. 6, 2021, are a legally fraught puzzle for federal investigators. Prosecutors and FBI agents must distinguish between constitutionally protected First Amendment activity, such as speech and assembly, and the alleged conspiracy to obstruct Congress or other potential crimes connected to fundraising and organizing leading up to Jan. 6.
The task is also complicated by the proximity of those two very different types of activities — speech and violence — that occurred within hours of each other and less than a mile apart.
Edvard Munch, The Storm, 1893 MoMA
Also revealed yesterday were more details concerning the huge loss of phone logs on the day of the attack. This is from the UK Guardian. “Revealed: Trump used White House phone for call on January 6 that was not on official log. Trump’s call to Republican senator should have been reflected in presidential call log on day of Capitol attack but wasn’t.” There was some suspicion of the use of a burner phone or borrowed phones as BB discussed in earlier posts this week. This seems to show at least one phone call that wasn’t logged or was and then removed.
Donald Trump used an official White House phone to place at least one call during the Capitol attack on January 6 last year that should have been reflected in the internal presidential call log from that day but was not, according to two sources familiar with the matter.
The former president called the phone of a Republican senator, Mike Lee, with a number recorded as 202-395-0000, a placeholder number that shows up when a call is incoming from a number of White House department phones, the sources said.
The number corresponds to an official White House phone and the call was placed by Donald Trump himself, which means the call should have been recorded in the internal presidential call log that was turned over to the House select committee investigating the Capitol attack.
Trump’s call to Lee was reported at the time, as well as its omission from the call log, by the Washington Post and CBS. But the origin of the call as coming from an official White House phone, which has not been previously reported, raises the prospect of tampering or deletion by Trump White House officials.
It also appears to mark perhaps the most serious violation of the Presidential Records Act – the statute that mandates preservation of White House records pertaining to a president’s official duties – by the Trump White House concerning January 6 records to date.
This is from the Norm Eisen link to CNN and his OpEd co-authored with Fred Wertheimer. “Finally, a road map to hold Trump accountable.”
The resignation of two Manhattan prosecutors for their boss’s failure to charge former President Donald Trump over potential financial crimes last month has reignited debate over whether he will ever be held accountable for his alleged misdeeds.
That matters not only looking back but also going forward because perhaps his most notorious outrage — the big lie that he won the 2020 presidential election — has not halted. It continues to drive hundreds of voter suppression and election sabotage bills and anti-democratic candidates across the country. And it has captured and corrupted a significant faction of the Republican Party.
Thankfully, Judge David Carter’s decision on Monday, finding Trump “more likely than not” committed crimes, sets out a road map for finally imposing consequences for the big lie. It does so by tackling the thorniest legal issues regarding Trump, his enablers and the events in and around January 6, 2021 — and showing how they can be addressed by prosecutors.
Perhaps the most daunting of these is the question of Trump’s criminal intent. How can a prosecutor prove what Trump was thinking when he publicly claims good faith but refuses to testify, when those closest to him also resist or are hostile witnesses and when he does not use the prosecutor’s best friend, email?
Intent is where the Manhattan District Attorney’s financial case seemed to come a cropper. Whatever you think of the DA’s failure to prosecute financial crime, and we strongly disagreed, Carter offered a powerful array of evidence about democracy crimes.
Carter applies precedent to show that “a person does not need to know their actions are wrong to break the law.” Trump exceeded this threshold because he likely knew that right-wing lawyer John Eastman’s plan to throw out electoral votes was illegal. Carter cites the January 6 House select committee’s carefully compiled evidence that Trump was advised publicly and privately numerous times that there was absolutely no evidence of significant electoral fraud.
As the opinion notes, Trump’s calls to Georgia Secretary of State Brad Raffensperger in which he famously asked the secretary to “give (him) a break” and “find 11,780 votes” (one vote more than Biden’s margin of victory in that state) reveal the former President’s goal: not to undertake any legitimate investigation, but simply to overturn the election. This is strong evidence of a “corrupt mindset,” and it leads Carter to an eminently simple conclusion: “(t)he illegality of the plan was obvious.”
Edward Mitchell Bannister, Approaching Storm, 1886, Smithsonian American Art Museum,
I’d also like to use the Wayback Machine to visit Marcie’s Post of February 21 that covers “HOW JUDGE AMIT MEHTA ARGUED IT PLAUSIBLE THAT TRUMP CONSPIRED WITH TWO MILITIAS at Empty Wheel.
IT IS PLAUSIBLE THAT DONALD TRUMP ENTERED INTO A CONSPIRACY WITH TWO MILITIAS
As Judge Mehta laid out, accepting the claims alleged as true (which one must do on motions to dismiss), there were five things Trump did that made the plaintiffs’ claims of a conspiracy plausible, which is the standard required to reject the motion to dismiss:
- They agreed to pursue the goal of disrupting the vote certification: “The President, the Proud Boys, the Oath Keepers, and others “pursu[ed] the same goal”: to disrupt Congress from completing the Electoral College certification on January 6th.”
- Trump encouraged means of obstructing the vote count and the militias (and others) carried them out: “He knew the respective roles of the conspirators: his was to encourage the use of force, intimidation, or threats to thwart the Certification from proceeding, and organized groups such as the Proud Boys and the Oath Keepers would carry out the required acts.”
- Trump incited law-breaking: “Based on these allegations, it is reasonable to infer that before January 6th the President would have known about the power of his words and that, when asked, some of his supporters would do as he wished. On January 6th they did so. When he called on them to march to the Capitol, some responded, “Storm the Capitol.” Thousands marched down Pennsylvania Avenue as directed. And, when some were inside the Capitol, they told officers, “We were invited here by the President of the United States.”
- Trump called for collective action: “Fourth, the President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable.”
- Trump ratified the riot: “And then, around 6:00 p.m., after law enforcement had cleared the building, the President issued the following tweet: ‘These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!’ A reasonable observer could read that tweet as ratifying the violence and other illegal acts that took place at the Capitol only hours earlier.”
Laying out the conspiracy like this is the easy part.
The hard part is finding that the sitting President could be sued, and could be sued substantially for his speech.
Marcie notes the Judge took care of that part too in 3 easy steps. So, it’s getting increasingly obvious that sitting judges consider Trump guilty-as-fuck to use a JJism. If you want some more of Marcie’s research follow this thread as she schools Ben Wittes for not doing his homework.
Well, enough of the Trump Hell realm. Now to the Russian-created Hell Realm.
Henri Rousseau, Tiger In A Tropical Storm Surprised, National Gallery, London, England
That all looks promising. From the NBC Link:
The Biden administration could soon announce a plan to release around 1 million barrels of oil a day from the Strategic Petroleum Reserve for as long as six months, a source familiar with the matter has told NBC News. The announcement could come as soon as Thursday.
In Ukraine, an evacuation convoy of 17 buses was able to leave the besieged port city of Mariupol Thursday morning, according to its city council, with further evacuations anticipated for Friday. Meanwhile, the Pentagon said it had seen Russian forces near Kyiv move north or into Belarus, with both the U.S. and U.K. saying it appeared troops were looking to resupply and reorganize.
But, from the Covid-19 front, it looks like Mitch wants us all to die and go to hell.
The size of a bipartisan package to provide fresh spending to combat COVID-19 could shrink to $10 billion, Senate Republican Leader Mitch McConnell said Thursday, and the chamber’s top Democrat also suggested its price tag could fall.
Negotiators have been trying for weeks to revive a $15.6 billion compromise they had agreed to earlier this month. That fell apart after House Democrats rejected cuts in pandemic aid to states to help pay for it, and the parties remain divided over how to find savings both sides can accept.
The new money would be to purchase vaccines, treatments and tests, which the administration says are running low, even as the more transmissible omicron variant BA.2 spreads quickly in the U.S. and abroad.
So, that’s it for me today. I’ll be back tomorrow with more from all of these black swan events.
What’s on your reading and blogging list today?
Lazy Caturday Reads
Posted: January 15, 2022 Filed under: Afternoon Reads | Tags: Donald Trump, fascism, FBI, January 6, Merrick Garland, snowstorm, Tonga, tsunami, volcano eruption, winter weather 17 Comments
By German cartoonist Rudi Herzlmeier
Good Afternoon!!
The temperature here in the Boston area was 1 degree this morning. We had wind chill temperatures around -20 overnight and today will see -11 wind chills. Winter weather this year has been weird everywhere. For the past couple of weeks here, we have been alternating between freezing cold and unseasonably warm days.
Today a massive winter storm is moving from the upper Midwest into the South. Eventually the storm will move up the coast and into New England as a “southeaster.” So far it looks like my area will miss the heavy snow. I hope that prediction holds! I feel for those of you who live down south.
CNN: Where to expect snow in the days ahead as a massive storm system moves south.
A massive storm system that’s dumping several inches of snow on the central US is expected to move toward the southeast Saturday, prompting the governors of Georgia, North Carolina, South Carolina and Virginia to declare states of emergency ahead of a crippling ice and snow event.
More than 65 million people in the affected areas are under winter weather alerts, the National Weather Service said.
“A strong developing storm over the Lower Mississippi Valley will move eastward to the Southeast by Sunday morning, then head northeastward to the northern mid-Atlantic by Monday,” the National Weather Service Prediction Center said early Saturday.
Rain, snow, sleet, and freezing rain — or a combination of all of those — will make travel difficult over the three-day holiday weekend across the Eastern US.
A swath of 8 to 12 inches of snow was recorded across portions of North Dakota on Friday.
From there, the system dove deeper south, heading into Missouri, Arkansas and Kansas where it delivered rain and snowfall.
“How fast surface temperatures fall below freezing, and therefore, how fast rain changes to snow will play a big role in determining just how much snow accumulates,” said the NWS office in Topeka, Kansas.
Throughout Saturday the storm system will bring heavy bands of snowfall to the Mid-South and Tennessee Valley.
Localized areas of Tennessee could see snow totals exceeding 6 inches as the storm continues its eastward track toward the Southern Appalachians.
There’s lots more winter weather news to read at that CNN link.
By Rudi Herzlmeier
Out on the West Coast, there’s another type of natural disaster warning. The New York Times: Tsunami Reported in Tonga After an Underwater Volcano Eruption.
A four-foot tsunami wave was reported to have hit Tonga’s capital, Nuku’alofa, on Saturday, sending people rushing to higher ground. Witnesses said ash had fallen from the sky, after an underwater volcano erupted earlier near the remote Pacific nation.
The volcano, Hunga Tonga-Hunga Ha’apai, is about 40 miles north of the Pacific archipelago’s main island, Tongatapu.
The Bureau of Meteorology in Australia reported the tsunami on Twitter. But communication with Tonga was disrupted, according to The Associated Press, so there were no immediate official reports of injuries or the extent of the damage.
The Tonga Meteorological Service issued a tsunami warning for the archipelago on Saturday evening. On their Facebook pages, the meteorological services for nearby Fiji and Samoa also issued alerts, advising people to stay away from low-lying coastal areas.
The National Tsunami WarninI g Center in the United States issued a tsunami advisory for the West Coast on Saturday morning Pacific time, including the Washington and Oregon coast, with the National Weather Service in Portland reporting possible one- to three-foot waves in Newport, Ore., Long Beach, Wash., and Seaside, Ore. “First wave may not be the highest,” and later waves may “be larger,” the tweet said.
I think I’d rather have a snowstorm.
Unfortunately, I guess I’ll have to get to the politics news now. I want to recommend three long reads and then I’ll list some links to other interesting stories.
First a piece by Yale philosophy professor and fascism expert Jason Stanley at The Guardian, published last month: America is now in fascism’s legal phase.
Let us be reminded that before there is a final solution, there must be a first solution, a second one, even a third. The move toward a final solution is not a jump. It takes one step, then another, then another.”
So began Toni Morrison’s 1995 address to Howard University, entitled Racism and Fascism, which delineated 10 step-by-step procedures to carry a society from first to last.
Morrison saw, in the history of US racism, fascist practices – ones that could enable a fascist social and political movement in the United States.
Cats out for a walk, Rudi Hurzlmeier
Writing in the era of the “super-predator” myth (a Newsweek headline the next year read, “Superpredators: Should we cage the new breed of vicious kids?”), Morrison unflinchingly read fascism into the practices of US racism. Twenty-five years later, those “forces interested in fascist solutions to national problems” are closer than ever to winning a multi-decade national fight.
The contemporary American fascist movement is led by oligarchical interests for whom the public good is an impediment, such as those in the hydrocarbon business, as well as a social, political, and religious movement with roots in the Confederacy. As in all fascist movements, these forces have found a popular leader unconstrained by the rules of democracy, this time in the figure of Donald Trump.
Morrison’s interest was not in fascist demagogues or fascist regimes. It was rather in “forces interested in fascist solutions to national problems”. The procedures she described were methods to normalize such solutions, to “construct an internal enemy”, isolate, demonize and criminalize it and sympathizers to its ideology and their allies, and, using the media, provide the illusion of power and influence to one’s supporters.
Philosophers have always been at the forefront in the analysis of fascist ideology and movements. In keeping with a tradition that includes the philosophers Hannah Arendt and Theodor Adorno, I have been writing for a decade on the way politicians and movement leaders employ propaganda, centrally including fascist propaganda, to win elections and gain power.
Often, those who employ fascist tactics do so cynically – they do not really believe the enemies they target are so malign, or so powerful, as their rhetoric suggests. Nevertheless, there comes a tipping point, where rhetoric becomes policy. Donald Trump and the party that is now in thrall to him have long been exploiting fascist propaganda. They are now inscribing it into fascist policy.
The article is very long, but well worth reading. Remember, Hitler got many of his ideas from the Jim Crow South.
In the lead-up to the Capitol siege, the FBI received at least a dozen warnings about the possibility of violence that day (see timeline below.) When the day came and the Capitol barricades fell, it became evident the FBI largely ignored them all.
The warnings came from all sides: regional law enforcement, social media platforms, Congress (specifically the House and Senate intelligence committees), a top defense official, extremist watchdogs, right-wing experts, journalists and even three different components within the FBI itself.
By Rudi Herzlmeier
Grid reviewed every public statement FBI officials made about the bureau’s intelligence leading up to the siege to understand how the FBI explained its posture on Jan. 6. We read hundreds of pages of FBI briefings and press statements, FBI officials’ testimony before Congress and public comments in news reports.
We found that the FBI has given at least five different explanations for why it failed to heed these warnings and take steps to foil the Capitol attack or help other agencies prepare a sufficient response. Some of them support arguments the FBI should get more money and legal authorities. But given what we now know, none of them holds up.
“They’re following the same blueprint as 9/11,” said Mike German, a former undercover FBI agent and author of “Disrupt, Discredit and Divide: How the New FBI Damages Democracy.” He is a fellow at the Brennan Center for Justice. “First they say, ‘We had no intelligence,’ then say, ‘Our authorities prevented us from getting the intelligence,’ which is not true.”
The institutional lack of introspection, while unsurprising, is deeply worrisome, German and others agree. The threat of political violence — particularly from the right, and targeting democratic institutions and political leaders — is higher than at any point in modern history. Many key indicators point in one direction: Extremist violence is reportedly surging, and threats against election officials and members of Congress are increasing. The threat of lethality from domestic violent extremist groups “is higher than it ever was,” Attorney General Merrick Garland told Congress last May.
If the FBI remains blinkered to the most serious and likely threats, Jan. 6 might not be its last major failure. American democracy has largely survived the violence of Jan. 6, and the Department of Justice has undertaken a historic effort to investigate, indict and prosecute hundreds of participants — who might never have stormed the Capitol in the first place if the FBI had heeded clear warnings and taken proper steps to prevent the attack.
Palidino goes on to refute the five main excuses the FBI has given for it’s failure to respond to the many warnings they received before January 6. It appears that the bureau is still focusing more on left wing protestors than on right wing violence, despite the public claims of director Chris Wray.
The final long read is by Jennifer Taub at The Washington Monthly: Merrick Garland’s Trump Problem—and Ours.
Timing is everything. When it comes to free and fair elections and ensuring that Donald Trump and fellow authoritarians do not pull off a successful coup, we are nearly out of time. At least 19 states have added laws that make it more difficult to vote, according to the Brennan Center for Justice, and 49 state legislatures are considering voting restrictions, including, most ominously, measures that would take election management out of the hands of secretaries of state and hand it over to GOP-controlled legislatures. We have until November 8to fix this.
Espresso by rudi Hurzlmeier
The prosecution of the former president is on a slower timeline. This includes not only the criminal investigations being pursued in Georgia by the Fulton County district attorney, and in New York by the state attorney general and the Manhattan district attorney, but also any investigations emanating from the U.S. Department of Justice. But that’s okay; Merrick Garland is no longer the problem or the solution.
I came to this conclusion after Attorney General Garland delivered a much-hyped speech commemorating the anniversary of the January 6 attack on the Capitol. After considering his words, I opened a calendar and did the math. We’ll get to that math in a moment. But first, let’s be clear about what Garland did and didn’t promise.
After watching his talk and then reading the prepared remarks published on the DOJ website, I have this take: I fully trust Garland to prosecute Trump in connection with the events directly leading up to and surrounding the certification of the electoral vote on January 6. But I’m less sure how much Trump mischief that will include.
Why do I believe DOJ is currently investigating the former president? Some doubt it. There have been no leaks to the press. By comparison, the Select Committee to Investigate the January 6th Attack on the United States Capitol has been less circumspect. Committee members, including Republican Representative Liz Cheney, have made it clear that they are examining Trump’s legal culpability on a number of grounds. Garland will have access to whatever the committee uncovers, including the report they plan to issue as early as this summer. And if the panel, chaired by Representative Bennie Thompson, makes criminal referrals to DOJ, committee staff will turn over the evidence they have gathered.
In such a referral, the committee might reference several statutes that DOJ can use to prosecute the former president and others, including obstruction of an official proceeding, conspiracy, and seditious conspiracy. They might also use the wire fraud statute to charge those who raised funds off the Big Lie.
Read the rest at The Washington Monthly link.
More stories to check out:
Yahoo News: Fake electoral documents under new scrutiny as Trump prepares for Arizona visit.
Emptywheel: The Structure of the January 6 Assault: “I Will Settle With Seeing [Normies] Smash Some Pigs To Dust.
Greg Sargent at The Washington Post: Kevin McCarthy’s coverup for Trump may be hiding knowledge of possible crimes.
Aaron Blake at The Washington Post: The conservative knives come out for Brett Kavanaugh.
The New York Times: Census Memo Cites ‘Unprecedented’ Meddling by Trump Administration.
What’s on your mind today? What stories are you following?
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