Tuesday Reads: Will We Ever Be Rid Of Him?

Turn in the Road, Paul Cezanne

Turn in the Road, by Paul Cezanne

Good Morning!!

The election has been over for weeks, but Trump is determined to continue making our lives miserable until the bitter end. He plans to troll Biden’s inauguration, and begin running for president again as soon as he leaves the White House. We may not be rid of him until the day he dies.

I have been having trouble sleeping again, despite feeling exhausted. I’m tense much of the time, worried about what is going to happen next. I think it’s likely that millions of Americans are going to be suffering from PTSD for some time after the years of abuse we have suffered at Trump’s hands. Even formerly loyal Republicans are getting sick of his whining.

Talking Points Memo: AZ’s GOP Gov Appears To Get A Call From Trump As Biden’s Win Becomes Official In The State.

President Trump, who still refuses to concede to President-elect Joe Biden despite how his legal battles contesting the legitimacy of the election process have fallen flat, appeared to call up Arizona Gov. Doug Ducey (R) as the governor certified the battleground state’s election results on Monday.

Arizona’s certification of its election results on Monday handed the state’s 11 electoral votes to Biden and cemented the swearing-in of Senator-elect Mark Kelly, a Democrat who defeated Sen. Martha McSally (R-AZ), this week.

Ducey, Arizona Attorney General Mark Brnovich and Arizona Supreme Court Chief Justice Robert Brutinel (all of whom are Republican) witnessed secretary of state Katie Hobbs, a Democrat, certify the state’s election results as required by state law….

Last July, Ducey told reporters that he changed his ringtone to “Hail to the Chief” to alert him when the White House is calling.

Resnik noted that specific ringtone was heard while Ducey was in the middle of certifying the state’s results. The Arizona governor appeared to silence the call.

Raw Story:‘It’s over’: Joe Biden’s win is certified in all key states — and Donald Trump can’t handle the truth.

Since Nov. 7, the result of the 2020 presidential race has been clear: Joe Biden has defeated President Donald Trump by a substantial enough margin that the outcome has never really been in doubt by serious observers. But on Monday, the results met a new official threshold as Arizona and Wisconsin became the final decisive swing states to certify their votes.

“All six key states have now certified their election results with Joe Biden as the winner,” said attorney Marc Elias, who has been involved in key election law cases for the Democratic Party. “Trump and his allies remain 1-39 in court.”

In addition to the newly certified swing states, Pennsylvania, Michigan, Nevada, and Georgia have also certified Biden as the winner. Georgia is still undergoing a recount, but it is not expected to affect the result, especially since the state has already conducted an audit of the ballots, carried out by hand, that affirmed a margin for Biden of more than 12,000 votes. Trump also funded recounts of two counties in Wisconsin, which likewise reaffirmed Biden’s win. Certifications are also being carried out in swing states Trump won and states where the presidential election outcome was never really in doubt.

Road in a Forest, Claude Monet

Road in a Forest, by Claude Monet

Eugene Robinson at The Washington Post: Trump is an ego monster. Republicans, don’t let him consume you.

Maybe it’s not pure, unadulterated cynicism. Maybe soon-to-be-former President Trump is having a genuine existential crisis. I’d feel sorry for the friends and family who have to be around him right now, if they weren’t such sycophants and grifters. It must be a bumpy ride.

In his desperation to avoid being forever labeled a loser, Trump is pursuing a futile course of action that only causes him to lose to President-elect Joe Biden again and again. Trump was declared the loser slightly after Election Day; he loses repeatedly and decisively in court; he loses in recounts and then demands re-recounts, which he will also lose. So much losing!

With Trump, it’s generally wise to assume the basest motives. Maybe he is actually trying to bully Republicans into nullifying the election and helping him stage what would amount to an authoritarian coup d’etat. Maybe he is spitefully trying to make life as difficult as possible for the new administration by delegitimizing Biden’s victory in the eyes of many voters. Maybe he is reinforcing his cult-leader control over his followers in what amounts to a massive act of hostage-taking, hoping to use them as human shields against potential criminal investigations or prosecutions — or as sources of ongoing profit.

But perhaps, on some level, Trump simply cannot accept that in an election that saw Republicans do well overall — gaining seats in the House, retaining control of statehouses, winning Senate seats that polls indicated they would almost surely lose — the man at the top of the ticket got creamed by more than 6 million votes.

“So I led this great charge, and I’m the only one that lost?” Trump tweeted Sunday. “No, it doesn’t work that way. This was a massive fraud, a RIGGED ELECTION!”

But yes, it does work that way. And no, of course the election wasn’t rigged. What happened was that voters turned out in record numbers for the specific purpose of kicking Trump out of the White House. It was a massive act of rejection, a clear message sent by more than 80 million of Trump’s fellow citizens: Go away.

But it looks like he will never go away until he either dies or his dementia advances to the point where he can no longer tweet or call in to right wing TV and radio.

Road at St Paul (Var) 1922 by F?lix Vallotton 1865-1925

Road at St Paul (Var) 1922 Felix Vallotton

Trump may actually want to overturn the election, but he’s also using his ridiculous legal “strategy” to wring more money from his cult followers.

The New York Times: Trump Raises $170 Million as He Denies His Loss and Eyes the Future.

President Trump has raised about $170 million since Election Day as his campaign operation has continued to aggressively solicit donations with hyped-up appeals that have funded his fruitless attempts to overturn the election and that have seeded his post-presidential political ambitions, according to a person familiar with the matter.

The money, much of which was raised in the first week after the election, according to the person, has arrived as Mr. Trump has made false claims about fraud and sought to undermine public confidence in the legitimacy of President-elect Joseph R. Biden Jr.’s victory.

Instead of slowing down after the election, Mr. Trump’s campaign has ratcheted up its volume of email solicitations for cash, telling supporters that money was needed for an “Election Defense Fund.”

In reality, the fine print shows that the first 75 percent of every contribution currently goes to a new political action committee that Mr. Trump set up in mid-November, Save America, which can be used to fund his political activities going forward, including staff and travel. The other 25 percent of each donation is directed to the Republican National Committee.

A donor has to give $5,000 to Mr. Trump’s new PAC before any funds go to his recount account.

Still, the Trump campaign continues to urgently ask for cash. On Monday, Mr. Trump signed a campaign email that breathlessly told supporters that the end of November — nearly four weeks after Election Day — represented “our most IMPORTANT deadline EVER.”

More details at the NYT link.

Meanwhile, Trump’s “legal team” and his media sycophants are becoming more and more unhinged.

Tim Miller at The Bulwark: Trump Lawyer: Former DHS Senior Official Should Be Executed.

On Monday President Trump’s campaign lawyer and former U.S. Attorney Joe diGenova said that fired Trump cybersecurity chief Chris Krebs should be executed for saying that the election was the “most secure in United States history.”

country-road-1890 Vincent van Gogh

Country Road, 1890, by Vincent van Gogh

DiGenova, appearing on the Howie Carr show, which simulcasts on Newsmax, took aim at Krebs as an aside during a wheels-off segment full of false claims about how the United States election had been rigged.

“Anybody who thinks that this election went well, like that idiot Krebs who used to be the head of cybersecurity [for Trump]. That guy is a class A moron. He should be drawn and quartered. Taken out at dawn and shot,” diGenova said.

This is not just a random Parler troll trying to get attention. This is an attorney speaking on behalf of the President of the United States’ re-election campaign. And while it may read like a macabre joke, the direct nature of diGenova’s comments make it impossible to interpret as anything other than a real wish/threat against a public servant for offering truthful testimony.

Joe diGenova should get a visit from the FBI.

And then there’s Lou Dobbs, suggesting on live TV that Trump must take “drastic action.” Media Matters: Lou Dobbs calls on Trump to take “drastic action” over non-existent election fraud.

LOU DOBBS (HOST): And as I said at the outset of the broadcast, Sidney, this is no longer about just voter fraud or electoral fraud. This is something much bigger. And this president has to take, I believe, drastic action, dramatic action to make certain that the integrity of this election is understood or lack of it, the crimes that have been committed against him and the American people. And if the Justice Department doesn’t want to do it, if the FBI cannot do it, then we have to find other resources within the federal government. We’ve got to rise above this because the nation itself — this is an assault on the core of a democracy, any democracy. Our ability to cast a secret ballot. Your thoughts, Sidney, as we wrap up here.

SIDNEY POWELL: That’s exactly right, Lou. It affects the bedrock of our democratic republic. It can’t be allowed to stand and, frankly, I’m about to think the entire FBI and the entire Department of Justice need to be hosed out with Chlorox and fire hoses.

As Trump whines about losing the election, his trophy wife has been busy doing something she hates: choosing ugly “decorations” for the White House for Christmas.

NBC News: Melania Trump unveils Christmas decorations for final holiday season in White House.

First lady Melania Trump on Monday morning revealed this year’s White House Christmas decorations and theme: “America the Beautiful.” The unveiling comes less than two months after secret recordings from June 2018 were aired by CNN, in which she complained about preparing for the holidays at the White House.

The first lady announced the decorations on Twitter with a 1-minute video showcasing the festive halls and rooms of the White House. The White House also issued the video and a press release about the reveal on Monday.

“During this special time of the year, I am delighted to share ‘America the Beautiful’ and pay tribute to the majesty of our great Nation,” the first lady tweeted. “Together, we celebrate this land we are all proud to call home.” [….]

This year’s decorations may just be the most anticipated of the Trump presidency, following the public release in October of the first lady’s expletive-filled 2018 complaints about planning for the holiday at the White House.

“I’m working … my a** off on the Christmas stuff, that you know, who gives a f*** about the Christmas stuff and decorations?” She said in the leaked audio that was secretly recorded by Trump’s former senior adviser and friend Stephanie Winston Wolkoff. “But I need to do it, right?”

Monica Hesse at The Washington Post: Everything we needed to know about Melania Trump is in those bewildering Christmas decorations.

It’s our final Christmas with Melania Trump, and we shall celebrate in the usual way: by accompanying FLOTUS on an annual tour of her White House decor, a one-minute video that also appears to serve as a trailer for a movie about a woman who wakes up in a castle one holiday season and goes searching for the person who spiked her eggnog with mushrooms.

the-louveciennes-road, Camille Pissarro

The Louveciennes Road, by Camille Pissarro

And so here we are, following the first lady down colonnades and breezeways as she encounters rows of looming, florally festooned evergreens in the manner of someone who has never seen a tree.

The decor contains many roses, white lights and hanging ornaments — airplanes, speedboats — which Melania looks up at and beholds in wonder. There is a painting of a reindeer and another one of a fox; there is an ornament of an American flag and another one reading “Be Best,” referencing the first lady’s launch-failure of a signature initiative. There is a banner celebrating the 19th Amendment, which now comes across as fourth-dimensional trolling given that the majority of American women voters used their ballots to eject Melania’s husband from the White House.

Over the past four years Melania’s off-kilter Christmas decorations have become a reliable source of controversy. This began with her first holiday in 2017, when she unveiled a maze of icy, creepy branches that appeared to be a joint production created by the set decorator from “The Haunting of Hill House” and the Babadook. In 2018, she showcased giant blood-red trees onto which the Internet promptly Photoshopped white bonnets to turn them into extras from “The Handmaid’s Tale.”

Last year’s decor, in a color palette of attractive creams, was considerably less terrifying, but it still contained the contradictory elements that have made each year perplexing.

Be sure to read the rest at the WaPo.

I can’t wait to get rid of this trailer trash family. They remind me of the Beverly Hillbillies.

That’s all I have for you today. I know I skipped the really serious stories, but I’m reaching the limit of how much horror I can handle first thing in the morning.

Take care Sky Dancers! We will get through this together some how some way.


Lazy Caturday Reads

Cat playing, Charles Frederick Tunnicliffe

Cat playing, by Charles Frederick Tunnicliffe

Good Afternoon!!

With just 53 more days until the inauguration, Trump is dreaming up ways to make things more difficult for Joe Biden and for the American people by undermining U.S. foreign policy, hurting the military, damaging the environment and public health, hurting federal employees, and making sure the coronavirus pandemic kills as many people as possible. He even plans to troll Biden’s inauguration.

It’s not clear what Trump had to do with the murder of an Iranian nuclear scientist, but he isn’t objecting to it. Pompeo was traveling around the Middle East shortly before it happened.

The Guardian: Iran scientist’s assassination appears intended to undermine nuclear deal.

The assassination of Mohsen Fakhrizadeh may not much have impact on the Iranian nuclear programme he helped build, but it will certainly make it harder to salvage the deal intended to restrict that programme, and that is – so far – the most plausible motive.

Israel is widely agreed to be the most likely perpetrator. Mossad is reported to have been behind a string of assassinations of other Iranian nuclear scientists – reports Israeli officials have occasionally hinted were true.

Photo by  Walker Evans

Photo by Walker Evans

According to former officials, the Obama administration leaned on Israel to discontinue those assassinations in 2013, as it started talks with Tehran that led two years later to the Joint Comprehensive Plan of Action (JCPOA), by which Iran accepted constraints on its nuclear activities in exchange for sanctions relief.

It would be a fair guess that Joe Biden would also oppose such assassinations when he takes office on 20 January and tries to reconstitute the JCPOA – which has been left wounded but just about alive in the wake of Donald Trump’s withdrawal in 2018.

If Mossad was indeed behind the assassination, Israel had a closing window of opportunity in which to carry it out with a green light from an American president, and there seems little doubt that Trump, seeking to play a spoiler role in his last weeks in office, would have given approval, if not active assistance. He is reported to have asked for military options in Iran, in the aftermath of his election defeat.

“I think they would have had to get a green light from Washington. I don’t think they would do it without,” Dina Esfandiary, a fellow at the Century Foundation, said. “In terms of motive, I think it’s just pushing Iran to do something stupid to ensure that the Biden administration’s hands are tied when they come in to pursue negotiations and de-escalation.’

CNN: Iran’s supreme leader vows revenge after top nuclear scientist apparently assassinated.

Iran’s Supreme Leader Ayatollah Seyyed Ali Khamenei has vowed revenge and to continue the country’s “scientific” activities after the killing of the country’s chief nuclear scientist, as top Iranian officials pile blame on Israel over the killing.

A-Feline-Family-Agnes-Augusta-Talboys-private-collection

A Feline Family, by Agnes Augusta Talboys

Mohsen Fakhrizadeh, who became the face of Iran’s controversial nuclear program, was killed in a district east of Tehran on Friday, in what Iranian officials are calling an assassination.

“There are two matters that people in charge should put in their to do list: 1- To follow up the atrocity and retaliate against those who were responsible for it. 2- To follow up Martyr Fakhrizadeh’s scientific and technical activities in all fields in which he was active,” Khamenei wrote Saturday in a tweet from an account often attributed to him, making a veiled reference to the country’s nuclear activities.

He added: “Our distinguished nuclear scientist in the defense of our country, Mr Mohsen Fakhrizadeh was killed by the oppressive enemies. This rare scientific mind lost his life for his everlasting great scientific work. He lost his life for God and the supreme leader. God shall reward him greatly.”

Trump is rushing to damage environmental protections and public health before he leaves office, and EPA employees are fighting back. The New York Times: E.P.A.’s Final Deregulatory Rush Runs Into Open Staff Resistance.

President Trump’s Environmental Protection Agency was rushing to complete one of its last regulatory priorities, aiming to obstruct the creation of air- and water-pollution controls far into the future, when a senior career scientist moved to hobble it.

Jane Brown, Cat in a restaurant window, Penzance, circa 1060

Photo by Jane Brown, Cat in a restaurant window, Penzance, circa 1060

Thomas Sinks directed the E.P.A.’s science advisory office and later managed the agency’s rules and data around research that involved people. Before his retirement in September, he decided to issue a blistering official opinion that the pending rule — which would require the agency to ignore or downgrade any medical research that does not expose its raw data — will compromise American public health.

“If this rule were to be finalized it would create chaos,” Dr. Sinks said in an interview in which he acknowledged writing the opinion that had been obtained by The New York Times. “I thought this was going to lead to a train crash and that I needed to speak up.”

With two months left of the Trump administration, career E.P.A. employees find themselves where they began, in a bureaucratic battle with the agency’s political leaders. But now, with the Biden administration on the horizon, they are emboldened to stymie Mr. Trump’s goals and to do so more openly.

The filing of a “dissenting scientific opinion” is an unusual move; it signals that Andrew Wheeler, the administrator of the E.P.A., and his politically appointed deputies did not listen to the objections of career scientists in developing the regulation. More critically, by entering the critique as part of the official Trump administration record on the new rule, Dr. Sinks’s dissent will offer Joseph R. Biden Jr.’s E.P.A. administrator a powerful weapon to repeal the so-called “secret science” policy.

Trump is threatening to veto a defense bill because it includes instructions to remove Confederate names from military bases. NBC News:

President Donald Trump is threatening to veto legislation to fund the military as one of his final acts in office unless a widely supported, bipartisan provision to rename military bases honoring Confederate military leaders is removed, according to White House, defense and congressional sources.

Dream of a Cat, by Norbertine Breslern-Roth

Since the Nov. 3 election, Trump has privately told Republican lawmakers that he won’t back down from his position during the campaign that he would veto the annual National Defense Authorization Act if it includes an amendment to rename the bases….

Trump’s stance has put in doubt legislation that had been agreed to by Republicans and Democrats in the House and the Senate. It has sent members of Trump’s party scrambling to find a path for the defense bill, which outlines military policy and funding, and put them on a collision course with Democrats.

Trump is working to destroy protections for civil service employees. The Washington Post: Trump moves to strip job protections from White House budget analysts as he races to transform civil service.

The outgoing Trump administration is racing to enact the biggest change to the federal civil service in generations, reclassifying career employees at key agencies to strip their job protections and leave them open to being fired before Joe Biden takes office.

The move to pull off an executive order the president issued less than two weeks before Election Day — affecting tens of thousands of people in policy roles — is accelerating at the agency closest to the White House, the Office of Management and Budget.

The budget office sent a list this week of roles identified by its politically appointed leaders to the federal personnel agency for final sign-off. The list comprises 88 percent of its workforce — 425 analysts and other experts who would shift into a new job classification called Schedule F.

The employees would then be vulnerable to dismissal before Trump leaves office if they are considered poor performers or have resisted executing the president’s priorities, effectively turning them into political appointees that come and go with each administration.

1_jamiecampbell_Saddest-Kitten-2012

Photo by Jamie Campbell: Saddest Kitten

Trump’s Treasury secretary is working to make it harder for Biden to help Americans impacted by the pandemic. Fox Business: Mnuchin plans to move $455B in coronavirus relief out of Biden’s reach.

Treasury Secretary Steven Mnuchin is expected to move $455 billion in unspent coronavirus stimulus money into a fund that the incoming Biden administration cannot deploy without congressional approval, Bloomberg reported.

The CARES Act funding will be placed in the agency’s General Fund, a Treasury Department spokesperson told Bloomberg. If Mnuchin’s successor — Biden is widely expected to pick former Federal Reserve Chair Janet Yellen to fill the role — wants to access that money, she will need to receive Congress’ blessing….

Last week, Mnuchin said he would not extend several emergency loan programs set up with the Federal Reserve, prompting a rare criticism from the U.S. central bank. While the lending facilities have been little used so far, they were viewed as a vital backstop for the pandemic-ravaged economy.

The money is part of the $500 billion Treasury Department fund created at the end of March by the CARES Act. The Treasury Fund set aside $46 billion for loans and loan guarantees to the airline industry, and the remainder was designated to support Fed lending programs to businesses, states and municipalities.

And of course there’s the raging pandemic that Trump has not only ignored but enabled with his rallies and his mocking of public restr

CNN: US is ’rounding the corner into a calamity,’ expert says, with Covid-19 deaths projected to double soon.

As Thanksgiving week draws to an end, more experts are warning the Covid-19 pandemic will likely get much worse in the coming weeks before a possible vaccine begins to offer some relief.

Agnes Miller Parker, Siamise cat, 1950

Agnes Miller Parker, Siamise cat, 1950

More than 205,000 new cases were reported Friday — which likely consists of both Thursday and Friday reports in some cases, as at least 20 states did not report Covid-19 numbers on Thanksgiving.

The US has now reported more than 100,000 infections every day for 25 consecutive days, with a daily average of more than 166,000 across the last week — almost 2.5 times higher than the summer’s peak counts in July.

The number of Covid-19 patients in US hospitals is just off record levels: more than 89,800 on Friday, only a few hundred lower than the peak set a day earlier, according to the COVID Tracking Project….

Based on the current Covid-19 numbers in the US, the country is far from rounding the corner, she said.

“If anything, we are rounding the corner into a calamity,” Wen said. “We’re soon going to exceed well more than 2,000 deaths, maybe 3,000, 4,000 deaths every single day here in the US.”

That projection has been echoed by other experts including Dr. Jonathan Reiner, a professor of medicine at George Washington University, who predicted Wednesday the country’s daily death toll would likely double in 10 days, and soon see “close to 4,000 deaths a day.”

Finally, Trump wants to cause problems for Biden’s inauguration and first term. I doubt if it will work, but it will be a national embarrassment. The Daily Beast: Trump’s Already Gaming Out a 2024 Run—Including an Event During Biden’s Inauguration.

In the twilight of his presidency, Donald Trump is discussing different ways to disrupt the impending Joe Biden era, chief among them by announcing another run against him.

According to three people familiar with the conversations, the president, who refuses to acknowledge he lost the 2020 election as he clearly did, has not just talked to close advisers and confidants about a potential 2024 run to reclaim the White House but about the specifics of a campaign launch. The conversations have explored, among other things, how Trump could best time his announcement so as to keep the Republican Party behind him for the next four years. Two of these knowledgeable sources said the president has, in the past two weeks, even floated the idea of doing a 2024-related event during Biden’s inauguration week, possibly on Inauguration Day, if his legal effort to steal the 2020 election ultimately fails.

According to two sources with direct knowledge of the matter, the president has privately bragged that he’d still remain in the spotlight, even if Biden is in the Oval Office, in part because the news media will keep regularly covering him since—as Trump has assessed—he gets the news outlets ratings and those same outlets find Biden “boring.”

That’s it for me today. I hope you all are having a relaxing holiday weekend!


Lazy Caturday Reads

cat-and-butterfly-v-diane-hoeptner

Cat and Butterfly by Diane Hoeptner

Good Morning!!

The coronavirus pandemic is worsening by the day, and the Trump administration refuses to do anything about it. Yesterday, the defeated “president” emerged from his hidey hole for an appearance in the former Rose Garden. He proceeded to falsely claim credit for the Pfizer vaccine and pretend that the election is still undecided.

Maeve Reston at CNN thinks Trump is beginning to accept reality: Trump wavers between reality and election fiction with eye on his legacy during Rose Garden vaccine address.

President Donald Trump had an eye on his legacy as he strode to the microphone in the White House Rose Garden Friday and touted the administration’s “unequaled and unrivaled” efforts to help produce a coronavirus vaccine through Operation Warp Speed. Then, for a brief moment, he seemed close to acknowledging the reality that his presidency is almost over.

“I will not — this administration will not be doing a lockdown,” Trump said, speaking for the first time in a week as coronavirus cases in the US shatter records and hospitalizations are surging. “Hopefully whatever happens in the future — who knows which administration it will be — I guess time will tell, but I can tell you this administration will not go to a lockdown.”

It was a fleeting shift in tone suggesting that the reality of President-elect Joe Biden’s substantial win is seeping into Trump’s psyche even as he and his advisers publicly deny it.

Midori Yamada

By Midori Yamada

The Democrat now has 306 electoral votes to Trump’s 232 as a result of wins in two longtime Republican states, Arizona and Georgia, CNN projects — far above the 270 threshold that Biden needed to clinch the presidency. But the indisputable math has not prevented the President from continuing to try to whip up outrage among his supporters on Twitter with unfounded accusations that the election has been stolen from him.

Friday’s speech in the Rose Garden was a portrait of a President clinging to power as his legal challenges to the election results crumble around him, mindful that he ought to show Americans what he’s been doing with the power of government as he spends his days tweeting conspiracy theories about lost or deleted votes in the midst of a pandemic that is coursing through the United States.

Except he isn’t really doing anything about the most pressing problem facing the country–the pandemic. Philip Bump at The Washington Post: Trump also refuses to admit he lost the fight against the coronavirus.

“Case levels are high, but a lot of the case levels are high because of the fact that we have the best testing program anywhere in the world,” he said. “We’ve developed the most and the best tests, and we test far more than any other country. So it shows obviously more cases.”

This is false for a variety of reasons. The most obvious misstatement is that the current surge in new cases, leading to 1 in every 350 Americans contracting the virus in the past week, is solely a function of more testing. In reality, the number of new cases during this surge (which began around Sept. 12) has easily outpaced the increase in the number of tests being conducted. The rate at which tests are coming back positive is more than 9 percent at the moment, twice what it was a month ago.

It’s also important to remember that the United States has conducted so many tests because we’ve had to. Countries like South Korea effectively contained the virus and therefore didn’t have to keep testing hundreds of thousands of people a week. It’s our failure to contain the virus that necessitates a broad deployment of testing….

Jane Lewis Menagerie

Menagerie, by Jane Lewis

“The federal government has 22,000 beds immediately available for states and jurisdictions that need additional capacity,” Trump said Friday. “But we think that it’s going to start going down possibly very quickly. We’ll see what happens. But with the vaccine, you’ll see numbers going down within a matter of months. And it’ll go down very rapidly.”

There’s no indication that the need for hospital capacity is going to go down quickly. It’s also not clear where that federal capacity is or how states can access it. It may be the case that the vaccine will drive down new infections and hospitalizations, but even limited distribution of the vaccine is weeks away. For most Americans, it’s months away, and cases are surging now.

Read more at the WaPo.

As I wrote in a comment yesterday, I think Trump should be prosecuted for negligent homicide. At Alternet, via Raw Story, Cory Fenwick writes: The Trump plan for mass death is unfolding before our eyes.

On Friday, the COVID Tracking Project reported that the number of positive coronavirus infections in the last day had reached 170,000, the highest record ever and a number that was, just a few months ago, hard to imagine. It’s now our daily reality, and it’s likely to only get worse.

Other figures are just as frightening. Hospitalizations — one of the clearest signs of the seriousness of the out break —have reached a new high at 69,000, according to the project. Deaths are at a disturbing 1,300, though that rate is almost certain to spike in recent weeks following the more recent spike in cases. And as the newest and largest wave yet engulfs the country, reports have begun to appear of hospitals being overwhelmed with patients, which is almost certainly a precursor to a spike in the case fatality rate.

By Jane Hoptner

by Jane Hoptner

It’s our horrifying new status quo, and one that experts and observers have been warning would unfold this fall for months. But the ming-boggling truth is that for the Trump administration, everything is pretty much going as planned.

Ever since the first wave in the spring, President Donald Trump has seemed increasingly drawn to the so-called (and, indeed, misleadingly named) “herd immunity” approach to the pandemic. On this approach, you reject government restrictions meant to stop people from getting the virus. What advocates of this strategy believe is that it’s best that more people get the virus, because eventually, enough people will have had it, they’ll immune, and life will return to normal.

Click the link to read the rest.

This piece by Ed Yong at The Atlantic is a must read: ‘No One Is Listening to Us.’ More people than ever are hospitalized with COVID-19. Health-care workers can’t go on like this.

In the months since March, many Americans have habituated to the horrors of the pandemic. They process the election’s ramifications. They plan for the holidays. But health-care workers do not have the luxury of looking away: They’re facing a third pandemic surge that is bigger and broader than the previous two. In the U.S., states now report more people in the hospital with COVID-19 than at any other point this year—and 40 percent more than just two weeks ago.

Emergency rooms are starting to fill again with COVID-19 patients. Utah, where Nathan Hatton is a pulmonary specialist at the University of Utah Hospital, is currently reporting 2,500 confirmed cases a day, roughly four times its summer peak. Hatton says that his intensive-care unit is housing twice as many patients as it normally does. His shifts usually last 12 to 24 hours, but can stretch to 36. “There are times I’ll come in in the morning, see patients, work that night, work all the next day, and then go home,” he told me. I asked him how many such shifts he has had to do. “Too many,” he said.

Grey-Kitty-CM-Cooper

Grey Kitty, by C.M. Cooper

Hospitals have put their pandemic plans into action, adding more beds and creating makeshift COVID-19 wards. But in the hardest-hit areas, there are simply not enough doctors, nurses, and other specialists to staff those beds. Some health-care workers told me that COVID-19 patients are the sickest people they’ve ever cared for: They require twice as much attention as a typical intensive-care-unit patient, for three times the normal length of stay. “It was doable over the summer, but now it’s just too much,” says Whitney Neville, a nurse based in Iowa. “Last Monday we had 25 patients waiting in the emergency department. They had been admitted but there was no one to take care of them.” I asked her how much slack the system has left. “There is none,” she said.

The entire state of Iowa is now out of staffed beds, Eli Perencevich, an infectious-disease doctor at the University of Iowa, told me. Worse is coming. Iowa is accumulating more than 3,600 confirmed cases every day; relative to its population, that’s more than twice the rate Arizona experienced during its summer peak, “when their system was near collapse,” Perencevich said. With only lax policies in place, those cases will continue to rise. Hospitalizations lag behind cases by about two weeks; by Thanksgiving, today’s soaring cases will be overwhelming hospitals that already cannot cope. “The wave hasn’t even crashed down on us yet,” Perencevich said. “It keeps rising and rising, and we’re all running on fear. The health-care system in Iowa is going to collapse, no question.”

There’s much more at the link. I hope you’ll take the time to read it.

It’s so sad to see North Dakota, my birthplace and the state where my parents were born and raised, experiencing such a terrible health emergency. USA Today: The Dakotas are ‘as bad as it gets anywhere in the world’ for COVID-19.

South Dakota welcomed hundreds of thousands of visitors to a massive motorcycle rally this summer, declined to cancel the state fair and still doesn’t require masks. Now its hospitals are filling up and the state’s current COVID-19 death rate is among the worst in the world.

2-Feridun-Oral-White-Persian-Cat

White Persian Cat, by Feridun Oral

The situation is similarly dire in North Dakota, with the state’s governor recently moving to allow health care workers who have tested positive for COVID-19 to continue working if they don’t show symptoms. It’s a controversial policy recommended by the U.S. Centers for Disease Control and Prevention in a crisis situation where hospitals are short-staffed.

And now — after months of resisting a statewide mask mandate — North Dakota Gov. Doug Burgum changed course late Friday, ordering masks to be worn statewide and imposing several business restrictions.

“Our situation has changed, and we must change with it,” Burgum said in a video message posted at 10 p.m. Friday. Doctors and nurses “need our help, and they need it now,” he said.

Both North and South Dakota now face a predictably tragic reality that health experts tell USA TODAY could have been largely prevented with earlier public health actions.

Governor Kristi Noem of South Dakota is still resisting. Sioux Falls Argus Leader: If Joe Biden enacts mask mandates, lockdowns, South Dakota Gov. Kristi Noem won’t enforce them.

The office of Gov. Kristi Noem said in a statement to the Argus Leader Friday that the first-term governor, who’s risen to stardom in the Republican party for her hands-off approach to managing the pandemic, has no intention of using state resources to enforce any federal COVID-19 orders.

“It’s a good day for freedom. Joe Biden realizes that the president doesn’t have the authority to institute a mask mandate,” said Ian Fury, communications specialist for Noem. “For that matter, neither does Governor Noem, which is why she has provided her citizens with the full scope of the science and trusted them to make the best decisions for themselves and their loved-ones.”

Famous last words?

Amaryllis and Cats, Elizabeth Blackadder

Amaryllis and Cats, by Elizabeth Blackadder

More stories to check out today:

The New York Times: It’s Traumatizing: Coronavirus Deaths are Climbing Again.

Katlyn Polantz at CNN: Trump had a very bad Friday in court with his election cases. They’re headed for more action next week.

Politico: ‘Purely outlandish stuff’: Trump’s legal machine grinds to a halt.

CNN: Federal election official blasts Trump’s false election claims as ‘laughable,’ ‘baffling’ and ‘insulting’

The Washington Post: Federal prosecutors assigned to monitor election malfeasance tell Barr they see no evidence of substantial irregularities.

NBC News: QAnon’s Dominion voter fraud conspiracy theory reaches the president.

The Daily Beast: How Trump’s Voter Fraud War Room Became a Fart-Infused ‘Room From Hell’

Reuters: President-elect Biden, denied classified intel briefings, to bring in national security experts.

Susan Rice at The New York Times: Here’s How Trump’s Stalling Risks Our National Security.

The Washington Post: Defense secretary sent classified memo to White House about Afghanistan before Trump fired him.

The New York Times: Christopher Krebs Hasn’t Been Fired, Yet.

Have a nice weekend, Sky Dancers!

 


Tuesday Reads: Trump’s “Autocratic Attempt”

Good Morning!!

Benito Mussolini

Benito Mussolini

The U.S. is going through a very dangerous time. Joe Biden and Kamala Harris have been elected decisively, but Trump and his GOP cult followers are trying to overthrow the election results. They are, in fact, attempting a coup.

Masha Gessen at The New Yorker, November 5: By Declaring Victory, Donald Trump Is Attempting an Autocratic Breakthrough.

The President of the United States has called the election a fraud. He has declared victory without basis, tweeting on Wednesday, “We have claimed” Pennsylvania, Georgia, North Carolina, and perhaps Michigan—all states that were still counting votes. Donald Trump, who has been engaged in an autocratic attempt for the last four years, is now trying to stage an autocratic breakthrough.

I have borrowed the term “autocratic attempt” from the work of Bálint Magyar, a Hungarian sociologist who set out to develop analytical tools for understanding the turn away from democracy in many Eastern and Central European countries. I have found Magyar’s ideas surprisingly illuminating when applied to the United States.

Magyar divides the autocrat’s journey into three stages: autocratic attempt, autocratic breakthrough, and autocratic consolidation. The attempt is a period when autocracy is still preventable, or reversible, by electoral means. When it is no longer possible to reverse autocracy peacefully, the autocratic breakthrough has occurred, because the very structures of government have been transformed and can no longer protect themselves. These changes usually include packing the constitutional court (the Supreme Court, in the case of the U.S.) with judges loyal to the autocrat; packing and weakening the courts in general; appointing a chief prosecutor (the Attorney General) who is loyal to the autocrat and will enforce the law selectively on his behalf; changing the rules on the appointment of civil servants; weakening local governments; unilaterally changing electoral rules (to accommodate gerrymandering, for instance); and changing the Constitution to expand the powers of the executive.

Josef Stalin

Josef Stalin

For all the apparent flailing and incompetence of the Trump Administration, his autocratic attempt checks most of the boxes. He has appointed three Supreme Court Justices and a record number of federal judges. The Justice Department, under William Barr, acts like Trump’s pocket law-enforcement agency and personal law firm. Trump’s army of “acting” officials, some of them carrying out their duties in violation of relevant federal regulations, have made mincemeat of the rules and norms of federal appointments. Trump has preëmptively declared the election rigged; has incited voter intimidation and encouraged voter suppression; has mobilized his armed supporters to prevent votes from being counted; and has explicitly stated that he is changing the rules of the election. “We want all voting to stop,” he said on Wednesday morning, and vowed to take his case to the Supreme Court.

Please go read the rest at The New Yorker.

Ezra Klein makes a similar argument at Vox: Trump is attempting a coup in plain sight.

The Trump administration’s current strategy is to go to court to try and get votes for Biden ruled illegitimate, and that strategy explicitly rests on Trump’s appointees honoring a debt the administration, at least, believes they owe. One of his legal advisers said, “We’re waiting for the United States Supreme Court — of which the President has nominated three justices — to step in and do something. And hopefully Amy Coney Barrett will come through.”

If that fails, and it will, Mark Levin, one of the nation’s most popular conservative radio hosts, is explicitly calling on Republican legislatures to reject the election results and seat Donald Trump as president anyway. After Twitter tagged the tweet as contested, Trump’s press secretary weighed in furiously on Levin’s behalf.

That this coup probably will not work — that it is being carried out farcically, erratically, ineffectively — does not mean it is not happening, or that it will not have consequences. Millions will believe Trump, will see the election as stolen. The Trump family’s Twitter feeds, and those of associated outlets and allies, are filled with allegations of fraud and lies about the process (reporter Isaac Saul has been doing yeoman’s work tracking these arguments, and his thread is worth reading). It’s the construction of a confusing, but immersive, alternative reality in which the election has been stolen from Trump and weak-kneed Republicans are letting the thieves escape.

Francisco Franco

Francisco Franco, Spain

This is, to borrow Hungarian sociologist Bálint Magyar’s framework, “an autocratic attempt.” That’s the stage in the transition toward autocracy in which the would-be autocrat is trying to sever his power from electoral check. If he’s successful, autocratic breakthrough follows, and then autocratic consolidation occurs. In this case, the would-be autocrat stands little chance of being successful. But he will not entirely fail, either. What Trump is trying to form is something akin to an autocracy-in-exile, an alternative America in which he is the rightful leader, and he — and the public he claims to represent — has been robbed of power by corrupt elites.

“Democracy works only when losers recognize that they have lost,” writes political scientist Henry Farrell. That will not happen here.

It won’t happen, because the GOP is going along with Trump’s attempt.

Here’s the grim kicker: The conditions that made Trump and this Republican Party possible are set to worsen. Republicans retained control of enough statehouses to drive the next redistricting effort, too, and their 6-3 majority on the Supreme Court will unleash their map-drawers more fully. The elections analyst G. Elliott Morris estimates that the gap between the popular vote margin and the tipping point state in the Electoral College will be 4 to 5 percentage points, and that the GOP’s control of the redistricting process could push it to 6 to 7 points next time.

To say that America’s institutions did not wholly fail in the Trump era is not the same thing as saying they succeeded. They did not, and in particular, the Republican Party did not. It has failed dangerously, spectacularly. It has made clear that would-be autocrats have a path to power in the United States, and if they can walk far enough down that path, an entire political party will support them, and protect them. And it has been insulated from public fury by a political system that values land over people, and that lets partisan actors set election rules and draw district lines — and despite losing the presidency, the GOP still holds the power to tilt that system further in its direction in the coming years.

What happens when the next would-be autocrat tries this strategy — and what if they are smoother, more strategic, more capable than this one?

How is Trump’s autocratic attempt going so far? He has fired the Secretary of Defense and replaced him with a partisan loyalist. 

Adolf HItler

Adolf HItler, Germany

The Independent: ‘God help us’: Fired defence secretary Mark Esper worries about ‘yes men’ under Trump.

In an exclusive interview with Military Times that dropped shortly after his abrupt firing, Mr Esper took exception with critics who have called him a “yes man”, the source of the derogatory nickname “Yesper” used by the president.

“Name another Cabinet secretary that’s pushed back… Have you seen me on a stage saying, ‘Under the exceptional leadership of blah-blah-blah, we have blah-blah-blah-blah?” Mr Esper said.

“At the end of the day, it’s as I said — you’ve got to pick your fights… I could have a fight over anything, and I could make it a big fight, and I could live with that —why? Who’s going to come in behind me? It’s going to be a real ‘yes man.’ And then God help us.”

The interview was conducted on 4 November, before Mr Esper’s replacement would have been known.

Trump also fired the three officials who were in charge of our nuclear weapons. NPR: 

The Trump administration abruptly dumped the leaders of three agencies that oversee the nuclear weapons stockpile, electricity and natural gas regulation, and overseas aid during the past two days, drawing a rebuke from a prominent Republican senator for one of the decisions.

The sudden departures included:

  • Lisa Gordon-Hagerty, administrator of the National Nuclear Security Administration, the first woman to oversee the agency in charge of the nuclear stockpile. She was required to resign on Friday.
  • Bonnie Glick, deputy administrator of the U.S. Agency for International Development. She was replaced by acting Administrator John Barsa, who had run out of time for his more senior role under the Federal Vacancies Reform Act.
  • Neil Chatterjee, chairman of the Federal Energy Regulatory Commission and a former aide to Senate Majority Leader Mitch McConnell. He was replaced as chairman, though he will remain at FERC, an independent agency, as a commissioner.

The firings were overshadowed by the prolonged drama of the presidential election.

Hideki Tojo, Japan

Hideki Tojo, Japan

Trump is expected to fire CIA director Gina Haspel and FBI director Christopher Wray, according to Axios.

He has named another yes man as general counsel at the NSA. The Washington Post: White House official and former GOP political operative Michael Ellis named as NSA general counsel.

The Pentagon general counsel has named a White House official and former GOP political operative to be the top lawyer at the National Security Agency, the U.S. government’s largest and most technically advanced spy agency, U.S. officials said.

The selection of Michael Ellis, which has not yet been announced, was made Monday, said officials, speaking on the condition of anonymity because they were not authorized to speak publicly. The appointment was made under pressure from the White House, said a person familiar with the matter….

Ellis, who was chief counsel to Rep. Devin Nunes (R-Calif.), a staunch supporter of President Trump and then-chairman of the House Intelligence Committee, has been at the White House since early 2017, when he became a lawyer on the National Security Council and then this year was elevated to senior director for intelligence.

There’s much more at the link.

Bill Barr is also on the case. The New York Times: Barr Hands Prosecutors the Authority to Investigate Voter Fraud Claims.

Attorney General William P. Barr, wading into President Trump’s unfounded accusations of widespread election irregularities, told federal prosecutors on Monday that they were allowed to investigate “specific allegations” of voter fraud before the results of the presidential race are certified.

Augusto Pinochet, chile

Augusto Pinochet, Chile

Mr. Barr’s authorization prompted the Justice Department official who oversees investigations of voter fraud, Richard Pilger, to step down from the post within hours, according to an email Mr. Pilger sent to colleagues that was obtained by The New York Times.

Mr. Barr said he had authorized “specific instances” of investigative steps in some cases. He made clear in a carefully worded memo that prosecutors had the authority to investigate, but he warned that “specious, speculative, fanciful or far-fetched claims should not be a basis for initiating federal inquiries.”

Mr. Barr’s directive ignored the Justice Department’s longstanding policies intended to keep law enforcement from affecting the outcome of an election. And it followed a move weeks before the election in which the department lifted a prohibition on voter fraud investigations before an election.

More from NBC News: DOJ’s election crimes chief resigns after Barr allows prosecutors to probe voter fraud claims.

The head of the branch of the Justice Department that prosecutes election crimes resigned Monday hours after Attorney General William Barr issued a memo to federal prosecutors authorizing them to investigate “specific allegations” of voter fraud before the results of the presidential race are certified.

Richard Pilger, who was director of the Election Crimes Branch of the DOJ, sent a memo to colleagues that suggested his resignation was linked to Barr’s memo, which was issued as the president’s legal team mount baseless legal challenges to the election results, alleging widespread voter fraud cost him the race.

“Having familiarized myself with the new policy and its ramifications, and in accord with the best tradition of the John C. Keeney Award for Exceptional Integrity and Professionalism (my most cherished Departmental recognition), I must regretfully resign from my role as Director of the Election Crimes Branch,” Pilger’s letter said, according to a copy obtained by NBC News.

“I have enjoyed very much working with you for over a decade to aggressively and diligently enforce federal criminal election law, policy, and practice without partisan fear or favor. I thank you for your support in that effort.”

Kim Il-sung, North Korea

Kim Il-sung, North Korea

Finally, Trump is preventing the Biden transition team from beginning their work. The Washington Post: White House, escalating tensions, orders agencies to rebuff Biden transition team.

The Trump White House on Monday instructed senior government leaders to block cooperation with President-elect Joe Biden’s transition team, escalating a standoff that threatens to impede the transfer of power and prompting the Biden team to consider legal action.

Officials at agencies across the government who had prepared briefing books and carved out office space for the incoming Biden team to use as soon as this week were told instead that the transition would not be recognized until the Democrat’s election was confirmed by the General Services Administration, the low-profile agency that officially starts the transition.

While media outlets on Saturday projected Biden as the winner, President Trump has not conceded the election.

“We have been told: Ignore the media, wait for it to be official from the government,” said a senior administration official, who like others spoke on the condition of anonymity because the person was not authorized to speak publicly.

The GSA, the government’s real estate arm, remained for a third day the proxy in the battle. Administrator Emily Murphy, a Trump political appointee who has lasted a full term in an administration where turnover has been the norm, is refusing to sign paperwork that releases Biden’s $6.3 million share of nearly $10 million in transition resources and gives his team access to agency officials and information.

So that’s where things stand right now, as we battle an out-of-control pandemic with no help from the federal government and the Supreme Court hears arguments that may end the Affordable Care Act and strip 20,000,000 people of health insurance. 

Hang in there Sky Dancers! Take care of yourselves in this dangerous time. 


Thursday Reads

Birch Grove, Isaac Levitan, 1885=89

Birch Grove, Isaac Levitan, 1885-89

Good Morning!!

My brain is mush this morning. I stayed up all night on Tuesday, fell asleep very early yesterday, and woke up this morning at 3:00. I’m too old for this. I wonder when we’ll know something definitive about the election results. At least we know that Biden is the winner; we just don’t know which state will put him over the top.

The best outcome would be for Pennsylvania to be called for Biden. Here’s Senator Bob Casey explaining where vote counting stands in his state as of this morning:

John Wagner has  live election updates on the state of the race at The Washington Post: Biden closes in on electoral college victory; race narrows in Arizona, Georgia.

The latest …
  • Arizona: Biden’s lead narrowed to about 68,000 votes early Thursday as Maricopa County, the state’s largest jurisdiction, released the tallies of more ballots it had counted. Arizona Secretary of State Katie Hobbs said her state has just under 450,000 ballots left to count.
  • Georgia: Fulton County, home to Atlanta, continued counting ballots overnight. Trump’s lead had narrowed to about 18,500 votes as of early Thursday. Fulton County elections chief Rick Barron said officials will release more vote totals around 11 a.m.
  • Nevada: Updated vote totals will be released around noon Eastern time Thursday, officials said.
  • North Carolina: As of late Wednesday, officials were still counting provisional and absentee ballots. Trump was ahead, but officials said it is likely that the winner will not be known for days.
  • Pennsylvania: Trump maintained a lead of about 164,000 votes, but that was expected to shrink as more ballots were counted in heavily Democratic areas.

Trump is supposedly filing lawsuits to stop vote counting in states that look bad for him, but it seems unlikely his efforts will come to anything. 

Claude Monet - (1840 - 1926) Ulivi nel giardino Moreno 1884

Claude Monet – (1840 – 1926) Ulivi nel giardino Moreno 1884

The New York Times: With His Path to Re-election Narrowing, Trump Turns to the Courts.

With his political path narrowing, President Trump turned to the courts and procedural maneuvers on Wednesday in a last-ditch effort to stave off defeat in the handful of states that will decide the outcome of the bitterly fought election.

The president’s campaign intervened at the Supreme Court in a case challenging Pennsylvania’s plan to count ballots received for up to three days after Election Day. The campaign said it would also file suit in Michigan to halt the counting there while it pursues its demands for better access for the observers it sent to monitor elections boards for signs of malfeasance in tallying ballots, modeled on a similar suit it was pursuing in Nevada.

On Wednesday evening, Mr. Trump’s team added Georgia to its list of legal targets, seeking a court order enforcing strict deadlines in Chatham County in the wake of allegations by a Republican poll observer that a small number of ineligible ballots might be counted in one location.

In Wisconsin, which along with Michigan was called on Wednesday for his Democratic opponent, Joseph R. Biden Jr., the president’s campaign announced it would request a recount.

I think the best outcome we can hope for today is that Pennsylvania will get enough votes counted for the state to be called for Biden. That would put him over 270, and make Trump’s claims in other states irrelevant. Here’s Senator Bob Casey explaining where the Pennsylvania vote counting stands this morning.

The moves signaled Mr. Trump’s determination to make good on his longstanding threats to carry out an aggressive post-Election Day campaign to upend any result not in his favor and pursue his baseless allegations that the outcome was rigged.

But it was not clear how much effect any of his efforts would have. In Georgia, the suit is about 53 ballots, and another case in Pennsylvania is about fewer than 100.

The Road Under the Trees, Maurice de Vlaminck

The Road Under the Trees, Maurice de Vlaminck

The Biden camp is ready to fight back, according to Politico: Biden campaign gears up for legal warfare as he nears 270.

In a Zoom call with donors Wednesday, the aides told the group that Joe Biden was on pace to reach 270 electoral votes in short order, beaming over victories in the Midwestern states that Donald Trump flipped four years ago….

The campaign had good reason to project confidence: On Wednesday evening, Biden was on the cusp of clinching 270 electoral votes and the presidency after Michigan and Wisconsin were called in his favor.

At the same time, President Donald Trump was making specious claims of victory, cranking up unfounded grievances about stolen votes and filing lawsuits to challenge vote counts. Biden advisers moved to reassure anxious supporters as Trump declared himself the winner in states such as Pennsylvania, where hundreds of thousands of votes had yet to be tallied.

Biden’s team activated teams of attorneys in Nevada, Wisconsin, Pennsylvania and Michigan in preparation for court battles, and blasted out requests for donations to combat myriad legal challenges.

Canale a Bruges by Alfred Joseph Auguste Van Neste (1874-1969)The problem for Trump is that he would have to provide actual evidence of the “fraud” he is claiming. ProPublica: If Trump Tries to Sue His Way to Election Victory, Here’s What Happens.

A hearing on Wednesday in an election case captured in miniature the challenge for the Trump campaign as it gears up for what could become an all-out legal assault on presidential election results in key swing states: It’s easy enough to file a lawsuit claiming improprieties — in this case, that Pennsylvania had violated the law by allowing voters whose mail-in ballots were defective to correct them — but a lot harder to provide evidence of wrongdoing or a convincing legal argument. “I don’t understand how the integrity of the election was affected,” said U.S. District Judge Timothy Savage, something he repeated several times during the hearing. (However the judge rules, the case is unlikely to have a significant effect; only 93 ballots are at issue, a county election official said.)

“A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee,” said Justin Levitt, a professor at Loyola Law School in Los Angeles.

Levitt said judges by and large have ignored the noise of the race and the bluster of President Donald Trump’s Twitter feed. “They’ve actually demanded facts and haven’t been ruling on all-caps claims of fraud or suppression,” Levitt said. “They haven’t confused public relations with the predicate for litigation, and I would expect that to continue.”

If Levitt is right, that may augur poorly for the legal challenges to the presidential election. Either way, the number of cases is starting to rapidly increase. But lawsuits will do little good unless, as in the 2000 presidential election, the race winds up being so close that it comes down to a very thin margin of votes in one or more must-win states.

Read the rest at ProPublica.

Lane at alchamps, Arles, Paul Gaugin, 1888

Lane at alchamps, Arles, Paul Gaugin, 1888

Trump seems to think that he can just call on “his” Supreme Court justices to overturn the results of the election. But he can’t actually do that. Zoe Tillman at Buzzfeed News: Supreme Court To Fight Election Results. Here’s What Would Need To Happen To End Up There.

In the early hours of Wednesday, with many states still going through the lawful process of tallying votes, President Donald Trump declared: “We will be going to the Supreme Court.”

That’s not how the courts work, though. With rare exceptions that don’t apply to the election, no one can simply bring a case to the US Supreme Court. Trump’s rhetoric created an appearance of legal uncertainty around the election results that doesn’t exist yet — by Wednesday evening, there were a handful of lawsuits pending, but none involved the kind of consequential fights over final vote tallies that would decide the outcome of the race.

That could change, of course. Trump’s campaign said they’ll seek a recount in Wisconsin after former vice president Joe Biden was declared the winner, and could try to go to court to challenge the results if he still lost after that. Decision Desk HQ called Wisconsin for Biden outright on Wednesday.

There’s already a case pending before the Supreme Court about whether Pennsylvania can count absentee ballots that arrive between Nov. 4 and Nov. 6, but that would only be a vehicle for deciding the election if the race came down to Pennsylvania’s 20 electoral votes — and if those as-yet-unknown number of post–Election Day ballots would change the outcome.

Regardless of whether the Trump campaign’s lawsuits succeed in stopping any ballots from being counted, they’ve underscored Trump and his campaign’s efforts to falsely question the lawfulness of ballot counting that extends beyond Election Day — something that happens in every election.