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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