Thursday Reads

Good Afternoon!!

It’s another big news day today. Here’s what’s happening.

Big media is focused on the missing submersible with billionaires on board and there’s breaking news at doesn’t sound good.

UPDATE: I just saw on CNN that the debris appears to be from the submersible.

From the Associated Press article:

The U.S. Coast Guard said Thursday that an underwater vessel has located a debris field near the Titanic in the search for a missing submersible with five people aboard, a potential breakthrough in an increasingly urgent around-the-clock effort.

The Coast Guard’s post on Twitter gave no details, such as whether officials believe the debris is connected to the Titan, which was on an expedition to view the wreckage of the Titanic. The search passed the critical 96-hour mark Thursday when breathable air could have run out.

The Titan was estimated to have about a four-day supply of breathable air when it launched Sunday morning in the North Atlantic — but experts have emphasized that was an imprecise approximation to begin with and could be extended if passengers have taken measures to conserve breathable air. And it’s not known if they survived since the sub’s disappearance.

Rescuers have rushed ships, planes and other equipment to the site of the disappearance. On Thursday, the U.S. Coast Guard said an undersea robot sent by a Canadian ship had reached the sea floor, while a French research institute said a deep-diving robot with cameras, lights and arms also joined the operation.

At the same time, another tragedy has been virtually ignored. Jill Fillipovic at CNN: Opinion: While we hope for the best for the lost Titanic-exploring submersible, let’s not forget these other victims.

It’s interesting to watch the national fascination with this story [the missing submersible], especially compared to, say, the attention paid to the sinking of another boat, this one full of desperate migrants in the Mediterranean last week; dozens were killed, and hundreds of men, women and children are still missing. Many migrants, mostly from Syria, Egypt and Pakistan, may be dead.

And the Greek Coast Guard, despite indications that the boat was in distress, did not intervene, blaming the smuggled migrants who they say didn’t want help. Widespread outrage and anguish for the hundreds of souls taking an extraordinary risk in search of a better life, and those who failed them along the way, seems much more justifiable than the frenzy over a small, lost group of hyper-niche tourists, tragic as both circumstances may turn out to be. And yet, while the migrant story is far from being ignored, it’s not receiving the same breathless moment-by-moment updates accorded the lost Titanic hunters.

But human interest, we know, does not at all run proportional to human suffering, and often has little to do with who or what is deserving of significant attention. And the story of a vessel occupied by wealthy curiosity-seekers, lost in the depths of the ocean in its search to find a vessel occupied by wealthy curiosity-seekers lost in the depths of the ocean, has all the component parts of an addictive story: irony, suspense, potential tragedy, potential glory, lifestyles of the rich, aspiration and hubris.

Read more at at the CNN link.

It’s now coming out that there were many safety issues with the submersible. 

From NPR:

Experts from within and outside OceanGate raised concerns about the safety of its Titan submersible as far back as 2018, years before it went missing during a deep-sea dive to the Titanic shipwreck site.

Several of those complaints have resurfaced this week, as the frantic search for the vessel — and its five passengers — continues.

“It hasn’t surprised us,” said Will Kohnen, the chair of the Marine Technology Society’s Submarine Committee (formerly the Manned Underwater Vehicles Committee), about the Titan’s disappearance. “We’ve been aware of this project for some time and have had some concerns.”

In March 2018, after one of the international industry group’s annual conferences, Kohnen drafted a letter to OceanGate CEO Stockton Rush — the pilot of the missing vessel — expressing “unanimous concern” on behalf of its members about the development of the Titan and its planned Titanic expeditions.

“Our apprehension is that the current experimental approach adopted by Oceangate could result in negative outcomes (from minor to catastrophic) that would have serious consequences for everyone in the industry,” he wrote, according to a copy obtained by the New York Times….

Kohnen told Morning Edition‘s A Martínez on Wednesday that the group’s main concern was a lack of oversight and adherence to industry-accepted safety guidelines.

“Most of the companies in this industry that are building submersibles and deep submersibles follow a fairly well-established framework of certification and verification and oversight, through classification societies,” he said. “And that was at the root of OceanGate’s project, is that they were going to go solo, going without that type of official oversight, and that brought a lot of concerns.”

You can also check out this piece at TechCrunch: A whistleblower raised safety concerns about OceanGate’s submersible in 2018. Then he was fired.

The director of marine operations at OceanGate, the company whose submersible went missing Sunday on an expedition to the Titanic in the North Atlantic, was fired after raising concerns about its first-of-a-kind carbon fiber hull and other systems before its maiden voyage, according to a filing in a 2018 lawsuit first reported by Insider and New Republic.

David Lochridge was terminated in January 2018 after presenting a scathing quality control report on the vessel to OceanGate’s senior management, including founder and CEO Stockton Rush, who is on board the missing vessel.

According to a court filing by Lochridge, the preamble to his report read: “Now is the time to properly address items that may pose a safety risk to personnel. Verbal communication of the key items I have addressed in my attached document have been dismissed on several occasions, so I feel now I must make this report so there is an official record in place.”

The report detailed “numerous issues that posed serious safety concerns,” according to the filing. These included Lochridge’s worry that “visible flaws” in the carbon fiber supplied to OceanGate raised the risk of small flaws expanding into larger tears during “pressure cycling.” These are the huge pressure changes that the submersible would experience as it made its way and from the deep ocean floor. He noted that a previously tested scale model of the hull had “prevalent flaws.”

More details at the link.

Samuel Alito has temporarily taken the pressure off Clarence Thomas.

A couple of days ago, ProPublica published a story about a luxury fishing trip to that Samuel Alito took with Leonard Leo. They were accompanied by billionaire Paul Singer, who flew both men on his private plane.

From ProPublica: Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court.

In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.

Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.

In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.

Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.

Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.

“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.

ProPublica sent a series of questions to Alito before publishing the story. Instead of answering them, Alito got his pals at the Wall Street Journal to publish a whiny defense–before the ProPublica article came out. 

NYT story by Adam Liptak: Justice Alito Defends Private Jet Travel to Luxury Fishing Trip.

Justice Samuel A. Alito Jr. took the unusual step late Tuesday of responding to questions about his travel with a billionaire who frequently has cases before the Supreme Court hours before an article detailing their ties had even been published.

In an extraordinary salvo in a favored forum, Justice Alito defended himself in a pre-emptive article in the opinion pages of The Wall Street Journal before the news organization ProPublica posted its account of a luxury fishing trip in 2008….

Justice Alito said he had spoken to Mr. [Paul] Singer [who flew Alito to Alaska on his private plane] only a handful of times, including on two occasions when Mr. Singer introduced the justice before speeches. “It was and is my judgment that these facts would not cause a reasonable and unbiased person to doubt my ability to decide the matters in question impartially,” Justice Alito wrote.

He added that he did not know of Mr. Singer’s connection to the cases before the court, including one in which the court issued a 7-to-1 decision in favor of one of Mr. Singer’s businesses, with Justice Alito in the majority.

But Mr. Singer’s connection to the case, Republic of Argentina v. NML Capital, was widely reported. A Forbes article covering the decision bore the headline “Supreme Court Hands Billionaire Paul Singer a Victory Over Argentina.” An article in The New York Times noted that the parties to the case included “NML Capital, an affiliate of Elliott Management, the hedge fund founded by Paul Singer.”

Alito’s justification for taking the free private plane flight was ludicrous and got him mocked all day long on Twitter.

Justice Alito said he was not required to disclose the trip on Mr. Singer’s private jet in “a seat that, as far as I am aware, would have otherwise been vacant.”

A federal law requires disclosures of gifts over a certain value but makes exceptions for “personal hospitality of any individual” at “the personal residence of that individual or his family or on property or facilities owned by that individual or his family.” Justice Alito wrote that a jet is such a facility, quoting from dictionary definitions.

In March, the Judicial Conference of the United States, the policymaking body for the federal courts, issued new guidelines requiring disclosure of travel by private jet and stays in commercial properties like resorts.

This morning, CNN published another embarrassing story for Alito.

CNN: Alito in the hot seat over trips to Alaska and Rome he accepted from groups and individuals who lobby the Supreme Court.

Last July, Alito was feted in Rome by Notre Dame’s Religious Liberty Initiative, which has in recent years joined the growing ranks of conservative legal activists who are finding new favor at the Supreme Court – and forging ties with the justices. The group’s legal clinic has filed a series of “friend-of-the-court” briefs in religious liberty cases before the Supreme Court since its founding in 2020.

After the high court overturned Roe v. Wade last year, the group paid for Alito’s trip to Rome to deliver a keynote address at a gala hosted at a palace in the heart of the city. It was his first known public appearance after the decision.

At the start of his speech, he thanked the group for the “warm hospitality” it provided to him and his wife, which, he later said, included a stay at a hotel that “looks out over the Roman Forum.”

During various parts of the address, he gleefully mocked critics of his ruling overturning the constitutional right to abortion. What really “wounded” him, the conservative justice said, was when Prince Harry, the Duke of Sussex, “addressed the United Nations and seemed to compare ‘the decision whose name may not be spoken’ with the Russian attack on the Ukraine.”

Justices are often known for usually maintaining a low profile, and the court’s public information office in recent years has been less forthcoming about their public appearances. But the court’s ruling last year in the abortion case propelled the nine jurists and their rulings to new heights and fueled new questions about the justices’ behavior both on and off the bench.

Alito joined the majority in ruling in favor of the Religious Liberty Initiative’s position in several of the cases for which it submitted briefs, including the one that reversed Roe, which he authored, and a 2022 decision that said a high school football coach had the right to pray on the 50-yard line after games.

I wonder which right wing justice will be next? I hope some investigative journalist is looking into which billionaire(s) have given gifts to Brett Kavanaugh. It’s also notable that the introductions to the billionaire sugar daddies came from former Federalist Society head Leonard Leo. Check out this piece from Josh Marshall at TPM: Leonard Leo’s SCOTUS-FedSoc Sponsor Family Program.

There’s big news today on the Trump stolen documents case.

Last night, Jack Smith sent the first installment of discovery to Trump’s lawyers.

CNN: Trump receives first batch of evidence against him in classified documents case, including audio tapes.

Special counsel Jack Smith has begun producing evidence in the Mar-a-Lago documents case to Donald Trump, according to a Wednesday court filing that hints that investigators collected for the case multiple recordings of the former president – not just audio of an interview Trump gave at Bedminster for a forthcoming Mark Meadows memoir.

Prosecutors in the filing used the plural “interviews” to describe recordings of Trump – made with his consent – obtained by the special counsel that have now been turned over to his defense team. It is unclear what the additional recordings may be of or how relevant they will be to the Justice Department’s case against the former president, though the recordings include the Bedminster tape where Trump speaks about a secret military document to a writer and others, the prosecutors said in the filing.

he prosecutors’ update to the court on Wednesday night marks another swift move toward trial, which the Justice Department has said should happen quickly, and captures at least some of the extent of the evidence investigators secured to build their historic case against Trump.

The first batch of discovery production – made up of unclassified materials – includes transcripts of witness testimony in front of the grand juries in Washington, DC, and Florida that were probing the mishandling of government documents from Trump’s White House. It also includes materials collected via subpoenas and search warrants; memos detailing other witness interviews given through mid-May in the investigation; and copies of the surveillance footage investigators obtained in the probe.

The first batch of evidence, provided on Wednesday, “includes the grand jury testimony of witnesses who will testify for the government at the trial of this case,” the special counsel’s office wrote.

More from Hugo Lowell at The Guardian: 

From The Guardian:

Federal prosecutors investigating Donald Trump’s retention of national security material were examining evidence within weeks of the FBI search of Mar-a-Lago last year that he might have handled classified documents at his Bedminster club in New Jersey, according to two people close to the matter.

The indications of classified documents at Bedminster so alarmed prosecutors that they focused part of the investigation on whether Trump might have transported the materials or disclosed their contents there in addition to refusing to return them to the government, the people said….

The suspicion that Trump travelled with classified documents between Mar-a-Lago, his winter residence, and Bedminster, his summer residence, started early in the criminal investigation that intensified after the FBI search and culminated in Trump being accused of violating the Espionage Act….

Within weeks of the FBI search of Mar-a-Lago, the justice department sought to act on the indications of classified documents at Bedminster when it told the Trump legal team that prosecutors believed the former president still possessed classified materials, the people said.

The message in the letter, which became a formal court motion filed under seal weeks later, was clear: arrange for new searches of all of the Trump properties because, as of that time, the only place that had been combed for classified documents was the Mar-a-Lago resort.

Whether to acquiesce with the request split the Trump legal team. Trump in-house counsel Boris Epshteyn and Trump lawyer Chris Kise were uneasy about being ordered around by the government, while the other Trump lawyers Tim Parlatore and Jim Trusty suggested a cooperative approach.

The legal team ultimately decided on working with the justice department and, in one exchange, asked prosecutors which Trump properties and where at the Trump properties they wanted them to search.

A few more details at the link.

Trump now knows who has testified in the grand jury and what secrets they have revealed. He must be throwing ketchup around at Bedminster. He has posted several insane messages on Truth Social. Here’s a sample:

I wonder how long it will take him to reveal information he gets from the discovery. If he starts attacking Mark Meadows, we’ll have a clue.

Have a great Thursday, Sky Dancers!!