These heinous threats of violence have become routine in an environment in which the Justice Department is under attack like never before.
Wednesday Reads
Posted: June 12, 2024 Filed under: 2024 presidential Campaign, abortion rights, birth control, Donald Trump, Joe Biden, War on Women | Tags: Department of Justice, Hunter Biden, Merrick Garland, Project 2025, Reproductive Health Care, Ryan Hamilton, Texas 7 CommentsGood Afternoon!!
There are lots of important stories today; it’s difficult to decide which of them is most important, so I’ll just begin with another reproductive health care horror story out of Texas. I don’t know if you’ve been following this one, but a few days ago, a man from Texas posted on Twitter about what happened to his wife when she sought help for a failing pregnancy. He expressed so poignantly what so many couples have been dealing with after the Supreme Court overturned Roe.
Here is a portion of his first post about it. Read the whole thing at the link.
My heart is broken: As friends & family know, my wife was pregnant with our 2nd child, & about to begin her 2nd trimester. A few days ago she had severe pains, & bleeding, and had to go to the emergency room. There, it was discovered that our baby no longer had a heartbeat. Devastated doesn’t come close to what that feels like. Unfortunately for people like us, because of the current laws in the state of Texas, that was only the beginning of this nightmare. Jess (my wife) had an “incomplete miscarriage”, and what needed to happen, what was best for HER, and her health, was to terminate the pregnancy, and get the baby out.
Radio DJ Ryan Hamilton
The doctor gave her a medication that would move this process along, and sent her home. Where, apparently we would be handling it ourselves. We were told it might take a couple of attempts before it worked….
After a long, painful night of the equivalent of early labor, the baby was still with her. So, we went back to the Emergency Center to get the 2nd dose. A new doctor was on call. He was an older man. You could hear him in the hallway as he said, “I’m not giving her a pill so she can go home and have an ab*rtion!”. Being well aware that our baby no longer had a heartbeat. Then, he came into the room to say, and I quote: “Considering the current stance. I’m not going to prescribe you this pill”. Then, just sent us on our way.
The “CURRENT STANCE”?! Did he really just say that?! No one should ever have to hear their wife say: “Get this dead baby out of me!”.
Can you even imagine how that must feel?
The pain, and the bleeding continued. So, we decided to go to another hospital, about an hour away. There was a female doctor on call there, and we thought we might have better luck.
I should probably mention, the procedure to get the baby out is called a D & C. It’s scary, & traumatizing, but sometimes necessary in situations like ours. Especially in emergency circumstances.
So we get to the next hospital. They take Jess in, ask her a bunch of questions, do a new scan… confirm that the baby is still there, with no heartbeat, and then disappear… for hours. Only to come back in and keep asking the same questions over and over. It’s becoming clear that they’re primary concern is NOT my wife’s health. Instead, they seem to be worried about the legalities involved.
So, they decide it is not “enough of an emergency” to perform the D & C. They do, however, prescribe another, stronger, final dose of the medication for us to try again… at home.
So, we go home to try again. Another long day/night of early labor pains. Only to discover my wife UNCONSCIOUS in the bathroom. Having to pick my wife’s cold, limp body off of that bathroom floor, not sure if I was about to lose her, is something I will NEVER forget. She had to be rushed to the hospital.
By this point she had lost so much blood, and bodily fluid, her body gave out. They were able to stabilize her, give her the fluids she needed, and we came back home yesterday afternoon. We were also able to confirm that our baby was no longer with her.
Now, not only do we have to live with the loss of our baby… we have to live with the nightmare of what we just experienced because of political and religious beliefs. MY WIFE’S HEALTH SHOULD HAVE COME FIRST. PERIOD! God knows what mental and emotional damage this has done. If you consider yourself a staunch “pro-lifer” … 1) You’ve never been through what we just went through, and 2) You should take a long, hard look in the mirror and reevaluate your reasons for supporting such a cold, barbaric, ignorant point of view. It’s not that black & white, and it’s never going to be. If you think your “Pray To End Ab*rtion” sign in your yard is “Christian”, I suggest you revisit the teachings of Jesus and try again. If you support these laws that make ab*rtion illegal, and result in people being put through what we just were, you should be ashamed of yourself. I’ve never been so angry, or heartbroken… and the devastation I’m feeling must pale in comparison to what my poor wife is feeling.
If you go to Hamilton’s feed, you can read much more. Now here is a portion of his latest post from yesterday:
How is my wife? Lots of folks asking (thank you)….It’s been a little over 2 weeks since it happened, & we were told it would be a minimum of 6 weeks before her body recovered from all the blood she lost.
Ryan and Jess Hamilton
Because of the amount of blood loss, she still gets light headed & has dizzy spells. But those are getting less frequent. We are monitoring her HCG levels at home. As of now, she is still getting a positive pregnancy test. This is where it gets scary. If those levels don’t go down soon there is serious risk of infection, which can lead to a world of other very scary problems. Including sepsis. So, she’s not out of the woods yet, physically… and her incomplete miscarriage, is STILL potentially incomplete.
The likelihood of her still needing a D&C is looking increasingly likely. Which, if they would have just DONE THE PROCEDURE IN THE FIRST PLACE, WE WOULDN’T BE HERE! The barbaric way she was treated will forever infuriate me. We have no faith in the doctors, or the medical system here in Texas….So seeking care here is not something we are interested in. However, there are physicians in other states who have reached out. They have been caring, & kind, & very generous in their offers to get us the help we need, if we need it.
This is real life here in Texas. Denying my wife the care she needed. Sending her home on 3 different occasions to almost bleed out on our bathroom floor. Texas Abortion Law did that. My wife is strong. I am in awe of her strength as she recovers. I know she’s going to be ok. But, here we are, weeks later, and we STILL may have to leave the state to get the care she needs….
How many women in Texas and other red states have experienced these nightmarish results since the end of Roe? We know there are many. As we all know, women are once again second class citizens or worse. Right wing Republicans are calling stories like this “fear-mongering.” One anti-abortion site actually claimed that he is lying.
They say the same things about Republicans’ efforts to ban birth control. Anyone who votes for Republican this year is supporting their war on women.
Yesterday’s news was dominated by another family tragedy, the felony conviction of President Joe Biden’s son Hunter. Republicans seem almost disappointed in the outcome of the trial; they apparently hoped that President Biden would interfere to protect his son.
From Noah Berlatsky at Public Notice: Hunter Biden’s conviction destroys key MAGA conspiracy theory.
Yesterday, Hunter Biden, son of the president, was convicted on three charges of lying about narcotics use on a gun-purchase form.
In a sane world, this would not be great news for former president and presumptive GOP nominee Donald Trump, who has been arguing for a year that President Joe Biden has subverted and weaponized the Justice Department. Are we to believe that Biden weaponized the the DOJ to prosecute his own son?
Apparently we are. Trump campaign press secretary Karoline Leavitt popped up gamely on Newsmax to insist that the Hunter conviction is just a “distraction from the real crimes of the corrupt Biden family crime family.” (RNC co-chair Lara Trump used the same talking point on Hannity as this newsletter was being finalized.) Trump advisor and right-hand ghoul Stephen Miller similarly tried to keep the conspiracies spinning; he insisted that the DOJ should have prosecuted Hunter not on gun charges, but for more serious crimes.
The hapless James Comer also got in on the act, tweeting that Hunter’s conviction is somehow evidence that the DOJ “continue[s] to cover for the Big Guy, Joe Biden.”
Of course, if Hunter had been exonerated, Comer and company would be insisting the verdict was rigged. You can’t shame conspiracy theorists. But for anyone who’s not inside the MAGA bubble, the verdict shows pretty clearly that Biden is doing anything but weaponizing the rule of law — even if the law in this case is neither thoughtful nor just.
What result did Republicans want? According to Berlansky:
Meanwhile, Donald Trump has been convicted in New York on 34 counts of falsifying business records to cover up hush money payments to adult film star Stormy Daniels. Trump is slated to be sentenced next month. He’s also facing a slew of other charges related to his efforts to overturn the 2020 election and his mishandling of classified material after he left the White House.
Hunter Biden leaves court after conviction, holding hands with Jill Biden and his wife Melissa Cohen Biden
Republicans have worked themselves into a rabid lather in defense of Trump’s rampant criminality. Shortly after Republicans took control of the House last year, Ohio Rep. Jim Jordan created a Subcommittee on the Weaponization of Government specifically to push false claims that Biden’s DOJ is engaged in political prosecutions of conservative figures, especially Trump.
Trump recently made the ludicrous claim that the DOJ is trying to kill him. Ultra MAGA Rep. Matt Gaetz floated another conspiracy theory in a hearing this month, charging Attorney General Merrick Garland with “dispatching” a former senior official at DOJ to work in the Manhattan district attorney’s office and push through a Trump conviction. This claim is, of course, baseless.
In this climate, a Hunter Biden exoneration would be red meat. The right was already gearing up to spew gleeful conspiracy theories and blame the president if Hunter was not convicted. Just last week, Fox News host Jesse Watters pushed a racist conspiracy theory in which he claimed the trial had been stacked with Black jurors who would refuse to vote to convict.
With Hunter’s conviction, though, MAGA is facing the sad demise of their conspiratorial hopes. Gaetz, for instance, tweeted, “The Hunter Biden gun conviction is kinda dumb tbh.” But if Hunter had beaten the charges, you can bet everyone from Gaetz to Miller to Trump to Jordan to rabid MAGA twitter blue checks would all be on the same message. And it wouldn’t be that the charges are underwhelming.
Instead of attacking the judge, jury, and prosecution in his son’s case, President Biden made a graceful public statement:
“As I said last week, I am the President, but I am also a Dad,” Biden said. “Jill and I love our son, and we are so proud of the man he is today. So many families who have had loved ones battle addiction understand the feeling of pride seeing someone you love come out the other side and be so strong and resilient in recovery.”
“As I also said last week, I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal,” the president added. “Jill and I will always be there for Hunter and the rest of our family with our love and support. Nothing will ever change that.”
Biden also changed his plans for the afternoon to head home to Delaware to be with his son.
Jill Lawrence at The Bulwark: Joe Biden Won’t Give Up on Hunter or America. Who is the real tough guy in this race? It’s not Donald Trump.
WE GET IT, AMERICA. You think Donald Trump is tough and Joe Biden is compassionate, and therefore not tough enough. But you’ve got it exactly backwards. Trump whines so constantly about “what I’ve been through” that he should adopt “Poor, Poor, Pitiful Me” as his campaign song.
Don’t mistake Biden’s empathy for weakness. The major challenges he has confronted in his first term have required focus, discipline, and strength—from the death, destruction, and global destabilization of two raging wars to his own son’s prosecution on gun charges and the jury’s guilty verdict Tuesday.
Persistence, restraint, forcefulness, forbearance—these qualities speak to an underlying toughness, and Biden has demonstrated them all during his presidency. The Hunter Biden saga is no exception.
Here’s what I mean:
When he took office, Joe Biden retained Delaware’s Trump-appointed U.S. attorney, David Weiss, to finish an investigation into whether Hunter Biden falsified a gun form and evaded taxes while he was addicted to drugs. Joe Biden did not attack the justice system when a Trump-appointed judge—Maryellen Noreika—questioned Hunter’s plea agreement, which ultimately fell apart. Joe Biden didn’t comment or intervene when Attorney General Merrick Garland—his own appointee—elevated Weiss to special counsel status, allowing him broader authority to investigate and bring charges.
President Biden hugging Hunter after his conviction. The President traveled to Delaware to be with his son.
When his son went on trial in Wilmington, again in Noreika’s courtroom, Joe Biden did not attack the judge. He also said he would not pardon Hunter if he were convicted. After the guilty verdict Tuesday, the president said he was proud of “the man he is today” and added: “As I also said last week, I will accept the outcome of this case and will continue to respect the judicial process as Hunter considers an appeal.”
Although prosecutions in gun cases like Hunter’s are rare, as even some conservatives have noted, Biden did not call the system “rigged.” He did not howl about the unfairness of it all. And he left it to others to make a point that should be obvious: Trump’s convictions last month are not the same as Hunter’s. As filmmaker/TV producer Morgan J. Freeman joked shortly after the verdict, “How will this affect Hunter Biden’s campaign?” Exactly.
Patti Davis, a president’s daughter and a self-described former speed and cocaine addict, wrote this week that Hunter’s actions and illness forced Joe Biden “into a choice between the primal urge to protect a child and the public responsibility to uphold the law. That is a terrible place to be.”
BIDEN WAS STRONG ENOUGH AND TOUGH ENOUGH to choose upholding the law. He was also tough enough to keep a speaking engagement with gun-safety advocates, many of whom have experienced personal tragedy involving guns, a few hours after his son was convicted on all three gun charges. And he was tough enough to weather what happened at that event.
“Never give up on hope,” Biden told the audience at the conference hosted by the group Everytown for Gun Safety. Then a protester began shouting at him about “genocide,” upset about deaths in Gaza amid Israel’s fierce response to last fall’s Hamas attack. The Biden-friendly crowd erupted into chants of “four more years,” drowning out the heckler. Biden’s response was remarkable: “No, no, no, no,” he said. “Folks, folks, it’s okay. Look, they care. Innocent children have been lost. They make a point.”
Read the rest at the Bulwark link.
Republicans repeatedly accuse President Biden and Democrats of “weaponizing” the DOJ and the justice system, but Donald Trump has made clear that he is the one who hopes to do that in another term as “president.”
Yesterday, Attorney General Merrick Garland responded to those accusations in The Washington Post: Merrick Garland: Unfounded attacks on the Justice Department must end.
Last week, a California man was convicted of threatening to bomb an FBI field office where hundreds of agents and other employees work. In one of his threats to the FBI, the man wrote: “I can go on a mass murder spree. In fact, it would be very explainable by your actions.”
In recent weeks, we have seen an escalation of attacks that go far beyond public scrutiny, criticism, and legitimate and necessary oversight of our work. They are baseless, personal and dangerous.
These attacks come in the form of threats to defund particular department investigations, most recently the special counsel’s prosecution of the former president.
Merrick Garland
They come in the form of conspiracy theories crafted and spread for the purpose of undermining public trust in the judicial process itself. Those include false claims that a case brought by a local district attorney and resolved by a jury verdict in a state trial was somehow controlled by the Justice Department.
They come in the form of dangerous falsehoods about the FBI’s law enforcement operations that increase the risks faced by our agents.
They come in the form of efforts to bully and intimidate our career public servants by repeatedly and publicly singling them out.
They come in the form of false claims that the department is politicizing its work to somehow influence the outcome of an election. Such claims are often made by those who are themselves attempting to politicize the department’s work to influence the outcome of an election.
And media reports indicate there is an ongoing effort to ramp up these attacks against the Justice Department, its work and its employees.
We will not be intimidated by these attacks. But it is absurd and dangerous that public servants, many of whom risk their lives every day, are being threatened for simply doing their jobs and adhering to the principles that have long guided the Justice Department’s work.
Read the rest at the WaPo.
Finally, here’s a powerful piece at Slate by Dahlia Lithwick and Norman Ornstein: The Biggest Lie Trump–Biden 2024 Rematch Voters Are Telling Themselves. The system will not inevitably “hold.”
Most would-be dictators run for office downplaying or sugarcoating their intentions, trying to lure voters with a vanilla appeal. But once elected, the autocratic elements take over, either immediately or gradually: The destruction of free elections, undermining the press, co-opting the judiciary, turning the military into instruments of the dictatorship, installing puppets in the bureaucracy, making sure the legislature reinforces rather than challenges lawless or unconstitutional actions, using violence and threats of violence to cow critics and adversaries, rewarding allies with government contracts, and ensuring that the dictator and family can secrete billions from government resources and bribes. This was the game plan for Putin, Sisi, Orbán, and many others. It’s hardly unfamiliar.
Donald Trump is rather different in one respect. He has not softened his spoken intentions to get elected. While Trump is a congenital liar—witness his recent claim that he, not Joe Biden, got $35 insulin for diabetics—when it comes to how he would act if elected again to the presidency, he has been brutally honest, as have his closest advisers and campaign allies. His presidency would feature retribution against his enemies, weaponizing and politicizing the Justice Department to arrest and detain them whether there were valid charges or not. He has pledged to pardon the Jan. 6 violent insurrectionist rioters, who could constitute a personal vigilante army for President Donald Trump, presumably alongside the official one.
Kevin Roberts, head of the Heritage Foundation, home of Project 2025
He has openly said he would be a dictator on Day One, reimplementing a Muslim ban, purging the bureaucracy of professional civil servants and replacing them with loyalists, invoking the Insurrection Act to quash protests and take on opponents while replacing military leaders who would resist turning the military into a presidential militia with pliant generals. He would begin immediately to put the 12 million undocumented people in America into detention camps before moving to deport them all. His Republican convention policy director, Russell Vought, has laid out many of these plans as have his closest advisers, Stephen Miller, Steve Bannon, and Michael Flynn, among others. Free elections would be a thing of the past, with more radical partisan judges turning a blind eye to attempts to protect elections and voting rights. He has openly flirted with the idea that he would ignore the 22nd Amendment and stay beyond his term of office.
The battle plan of his allies in the Heritage Foundation, working closely with his campaign via Project 2025, includes many of the aims above, and more; it would also tighten the screws on abortion after Dobbs, move against contraception, reinstate criminal sanctions against gay sex while overturning the right to same-sex marriage, among other things. His top foreign policy adviser, Richard Grenell, has reiterated what Trump has said about his isolationist-in-the-extreme foreign policy—jettison NATO, abandon support for Ukraine and give Putin a green light to go after Poland and other NATO countries, and reorient American alliances to create one of strongmen dictators including Kim Jong-un. Shockingly, Speaker of the House Mike Johnson violated sacred norms and endangered security by bypassing qualified lawmakers and appointing to the House Intelligence Committee two dangerous and manifestly unqualified members—one insurrectionist sympathizer, Rep. Scott Perry, who has sued the FBI, and one extremist demoted by the military for drunkenness, pill pushing, and other offenses, Rep. Ronny Jackson—simply because Donald Trump demanded it. They will have access to America’s most critical secrets and will likely share them with Trump if his status as a convicted felon denies him access to top secret information during the campaign. This is part of a broader pattern in which GOP lawmakers do what Trump wants, no matter how extreme or reckless.
In general, the mainstream media have shrugged at these overt plans and troubling actions, and most voters either have not focused on them or have dismissed them as exaggerations or impossibilities. After all, our constitutional system has endured for almost 250 years, and the web of checks and balances is strong. There is evidence to support that optimism. We have just seen a historic moment in the rule of law: A unanimous jury of his peers found Trump guilty on 34 felony counts of falsifying financial documents to influence the outcome of the 2016 election….
But conviction notwithstanding, there is reason to be alarmed—deeply alarmed. This one felony conviction was hardly a vindication of the American justice system. The system “held” only insofar as it was capable of somewhat muzzling the ongoing threats leveled by the defendant against the presiding judge and his family, the jurors and the witnesses, and the team of prosecutors who brought the case. The system held only insofar as efforts to bully and terrorize and bribe witnesses who have helped Donald Trump commit crimes with impunity for decades didn’t quite manage to silence all of those witnesses.
And, depressingly, the system only “held” insofar as it doesn’t collapse upon appeal, say if a someday–Supreme Court, summoned by Speaker Mike Johnson, decides, for no reason law would ever permit or condone, to step in and somehow scupper the whole conviction while giving Trump free rein to act with impunity.
We live in scary times. Anyone who isn’t voting for President Biden is voting for the 2025 Plan and a U.S. dictatorship.
But, as Biden said about gun laws, we can’t give up hope. It’s not over yet, and I do believe Biden can and will win. Then we will have to deal with whatever comes when Trump and his MAGA goons refuse to accept the outcome of another election.
Take care, and hang in there Sky Dancers.
Wednesday Reads
Posted: February 14, 2024 Filed under: 2024 Elections, just because | Tags: Alejandro Mayorkas, Donald Trump, immigration, Jim Prokopiak, Joe Biden, Lindsey Graham, Merrick Garland, NATO, Pennsylvania state house, snowsstorms, special elections, Tom Suozzi, Ukraine, weather 7 CommentsGood Morning!!
Winter landscape, by Pablo Picasso
Yesterday, the Boston area was supposed to get up to a foot of snow. For several days, meteorologists predicted a huge winter storm was on the way. They were confident it would happen. But at the last minute, Mother Nature changed her mind. There was a big storm, but its path shifted to the South, and guess what we got where I live? Nada. Some sleet and rain.
I really love snowstorms, and I was looking forward to this one. In addition, the entire Boston school system was shut down and many businesses closed for the day. That has to be expensive, right?
We’ve had several of these failed predictions this winter. What is the problem? Are meteorologists predicting these storms too many days ahead? I don’t know. But I’m disgusted. I’m never believing their forecasts again. There is supposedly another snowstorm on the way. I’ll believe it when I see it.
On with today’s reads.
Yesterday’s Special Elections
Democrats got some good news last night as they won special elections in New York and Pennsylvania.
The Washington Post: Suozzi wins New York special election, replacing George Santos.
Democrat Tom Suozzi won a hotly contested special election for Congress on Tuesday, the Associated Press projected, retaking a seat in suburban New York and offering his party some reassurance amid high anxiety about President Biden’s political vulnerabilities.
Suozzi beat Republican nominee Mazi Pilip to replace Republican George Santos, who was indicted on a charge of fraud and then expelled from Congress late last year amid revelations that he fabricated much of his life story. The race for New York’s 3rd District — long viewed as a dead heat — played out in a suburban part of Long Island that favored President Biden by eight points in 2020 but then swung toward Republicans, backing Santos by the same margin.
With more than 93 percent of the vote counted early Wednesday, Suozzi led Pilip by nearly eight percentage points.
National issues dominated the campaign, making Tuesday’s vote this year’s first high-profile test of the parties’ messages on abortion, the economy and, above all, immigration. Suozzi represented the area for six years previously and campaigned as a moderate who wanted to work across the aisle. But with New York City struggling to absorb more than 100,000 migrants arriving from the southern border, much of the campaign centered on what polling suggests is Democrats’ toughest issue….
In New York, Suozzi’s victory capped a long list of Democratic wins in recent special elections, which have showcased the party’s ability to turn out its base and tap into anger at GOP-backed abortion restrictions since the Supreme Court overturned Roe v. Wade. Democrats spent millions of dollars attacking Pilip’s “pro-life” stance even though she said she would not support a national ban on abortion.
Road in the Village of Baldersbronde, Winter Day 1912, by Laurits Anderson Ring
I’m not sure immigration will be the Democrats’ “toughest issue” anymore, since Republicans in Congress refused to pass an immigration bill that was supported by the Border Patrol Union and the U.S. Chamber of Congress simply because Donald Trump order them to vote no.
Gregory Krieg at CNN: Takeaways from New York’s high-stakes special election.
Democrat Tom Suozzi is heading back to Congress after defeating Republican Mazi Pilip in the special election to replace serial fabulist and expelled former GOP Rep. George Santos. The result will further narrow the GOP’s already thin House majority and hand President Joe Biden’s party a boost as the general election campaign comes into focus….
Both parties poured cash into the race for New York’s 3rd congressional district, but Democrats’ fundraising and registration advantage combined with Suozzi’s brand – he’s spent most of the last 30 years at or around the center of Long Island politics – and a fired-up base, angry over the Santos fiasco, delivered a victory that means the House GOP will now become even harder to corral.
For Pilip, who has vowed to run again in the fall, defeat meant an almost immediate rebuke from Trump, who called her a “very foolish woman” in a social media post Tuesday night. Pilip refused until the final days of the campaign to say whether she voted for Trump in 2020, though she did follow his lead in dissing a highly touted bipartisan Senate border bill – a decision that helped Suozzi tie her more tightly to the former president over the last week….
The campaign was staked on a series of issues from the beginning: immigration, inflation, Israel and abortion. Suozzi talked about reproductive rights but didn’t make it a centerpiece of his campaign. Inflation has mostly leveled out. And there was no political or policy space to speak of between the candidates who both fully backed Israel.
On the immigration issue:
Understanding this, Pilip and Republicans set about hammering Suozzi over the migrant crisis in New York City, claiming he caused it along with Biden – a line that ultimately didn’t quite wash with voters who have long recognized Suozzi as a moderate or centrist. When Pilip suggested he was in league with the progressive “squad,” Suozzi at their debate was prepared.
“For you to suggest I’m a member of the squad,” he said, “is about as believable as you being a member of George Santos’s volleyball team.” (And that was before a knowing reference to Rick Lazio, which only seasoned New York voters would appreciate.)
Most notably, though, Suozzi and state Democratic leaders didn’t repeat their mistakes from 2022. They aggressively countered Pilip’s migrant message and it never felt like the issue, typically a winner for the GOP, put Suozzi on the backfoot.
The weather was a factor in this election. Many Democrats vote early or by mail, while Republicans mostly vote on election day. The snowstorm may have kept Republicans from getting to the polls.
If you’re interested, there’s another good analysis of the NY 3 election by Noah Berlatsky at Public Notice: NY-03 gives Republicans lots to worry about.
Super Moon, by Jef Bourgeau
NBC News on the Pennsylvania special election: Pennsylvania Democrats pad narrow state House advantage with special election win.
Democrats won a state House special election in Pennsylvania on Tuesday night, preserving the party’s narrow majority in the closely watched battleground state, The Associated Press projected.
In the race for the open seat in the 140th state House District, Democrat Jim Prokopiak, a school board member in Bucks County, defeated Republican Candace Cabanas.
Prokopiak’s victory gives Democrats a narrow 102-100 majority in the state House, preventing another tie in the chamber.
The party had a one-seat majority, 102-101, before Democratic Rep. John Galloway resigned after he won a judgeship in November.
His departure created a tie. But another resignation Friday, by Republican Joe Adams, gave Democrats a fresh 101-100 advantage.
Republicans control the state Senate, while Democrats hold the governorship.
The win in Bucks County — a purple slice of the northern suburbs of Philadelphia — was hailed as positive news by national Democrats, some of whom had viewed the contest as an early bellwether of the party’s fortunes among suburban voters ahead of the 2024 election.
Even the Biden campaign weighed in on the victory, touting it as evidence that Bucks County voters would reject Donald Trump in the fall.
“With control of the state House on the line, Pennsylvanians again defeated Republicans’ anti-abortion agenda and voted for Jim Prokopiak, a Democrat who has stood up for women and working people,” Biden campaign manager Julie Chavez Rodriguez said in a statement.
More News:
House Republicans spent yesterday impeaching Homeland Security Secretary Alejandro Mayorkas based on zero evidence.
David Kurtz at TPM Morning Memo: Congrats On Your Bogus Impeachment, Champ.
The GOP-led House finally got its act together enough to stage an impeachment performance last evening, claiming the scalp of Biden Homeland Security Secretary Alejandro Mayorkas.
The same three Republican members who stymied the effort last week voted against impeachment again, but Rep. Steve Scalise’s return from cancer treatment gave the Speaker Mike Johnson (R-LA) the critical vote he needed to complete the flimsiest impeachment in history:
no claims of high crimes or misdemeanors;
no evidence of wrongdoing or graft;
no shame in using impeachment to salve the hurt feelings of Donald Trump over his two impeachments and to boost Republicans’ signature election year issue:
immigrationxenophobia.It’s totally appropriate to categorize these kinds of maneuvers by Republicans as performative or as playing politics or as engaging in political stunts. All true. But it’s also fundamentally an abuse of power. House Republicans are hikacking the levers of power that come with the offices they hold to advance their own partisan political aims and hold on to that power.
Not every example of an alignment between official acts and partisan political advantage is an abuse of power. But when you strip away any ostensibly objective motive for the official act, when you offer no pretense for the official act, when you’re only using the powers of the office to further your own political aims, when you stretch the law and the rules and bend them to your own grubby ends, you’re engaged in abuse of power. When, at the same time, you’re engaging in the wholesale breaking of government and institutions for the sake of it, all you’re left with is politics of the grimy, self-serving, and self-perpetuating variety.
There will have to be a trial in the Senate, but the “impeachment” is dead there. This is disgusting.
Sven Kroner, Hocuspocus
President Biden condemned Trump’s attack on NATO and his encouragement to Russia to attack our European allies.
BBC News: Biden slams Trump criticism of Nato as ‘shameful.’
President Joe Biden has blasted criticism of Nato by his likely 2024 election challenger, Donald Trump, as “dumb”, “shameful” and “un-American”.
The Democrat assailed Mr Trump for saying he would “encourage” Russia to attack any Nato member that did not meet its defence spending quota.
Mr Biden said the remarks underscored the urgency of passing a $95bn (£75bn) foreign aid package for US allies.
The bill just passed the Senate, but it faces political headwinds in the House.
At the White House on Tuesday, Mr Biden said a failure to pass the package – which includes $60bn for Ukraine – would be “playing into Putin’s hands”.
He said the stakes have risen because of Mr Trump’s “dangerous” remarks over the weekend.
“No other president in history has ever bowed down to a Russian dictator,” Mr Biden said.
“Let me say this as clearly as I can. I never will. For God’s sake. It’s dumb. It’s shameful. It’s dangerous. It’s un-American.”
Lindsey Graham, to his everlasting shame, voted against aid to Ukraine, Israel, and Gaza.
The Washington Post: Lindsey Graham, a longtime foreign policy hawk, bows to Trump on Ukraine.
Last May, Lindsey Graham (R-S.C.) visited Ukrainian President Volodymyr Zelensky in Kyiv, warmly embracing the embattled leader and later urging President Biden to “do more” to help the nation as it fights off Russia’s invasion.
Lazy Caturday Reads
Posted: February 10, 2024 Filed under: 2024 presidential Campaign, cat art, Cats, caturday, Donald Trump, just because | Tags: Climate change, Japanese cat art, Judge Aileen Cannon, Merrick Garland, President Joe Biden, Special Counsel Jack Smith, Special Counsel Robert Hur 4 CommentsHappy Caturday!!
By Utagawa Kuniyoshhi
Yesterday the press again focused on the Hur report that found no crimes in President Biden’s inadvertent possession of classified documents from his time as Vice President. But reporters only cared about one tiny portion of the report, in which Hur said Biden would be sympathetic to a jury because he comes across as a “well meaning elderly man with a poor memory.”
The gossip columnists at the NYT and WaPo were out in force. I’m not going to dignify these yellow journalists by excerpting their articles. It’s James Comey in 2016 all over again, except that the Hur report didn’t come out less than 2 weeks before the November election.
Meanwhile, the mainstream media overlooks Trump’s confusion, verbal flubs, and inability to form coherent sentences. Just last night he gave a speech full of examples of his cognitive issues.
The former president slurred when saying the word “subsidies,” said “dino-dollars” instead of “dollars,” and even said he doesn’t like being frontpage news every time he “said one word a little bit mispronunciation.” He also said that three years ago things were great, despite that being when Joe Biden became president, and he claimed twice there were no terror attacks during his tenure as president. He also said that Biden hasn’t spoken in months despite him addressing the press last night.
The flubs drew wide criticism from online onlookers.
Democratic youth activist Harry Sisson, in response to the ex-president’s “subsidies” flub, said, “Yikes.”
“Trump is slurring his speech again claiming that ‘Rich people are given $7,000 subsies.’ Uh…subsies?” he asked. “I’m not sure what that is and I don’t think anyone else does either. He can’t say subsidies properly so he must have dementia. Right, Republicans?”
Regarding the “subsies,” former prosecutor Ron Filipkowski said, “Dementia Trump is staring at the teleprompter, pauses to think about it, and still can’t say it.”
In yet another instance pointed out by the Biden-Harris HQ account on social media, Trump “gets distracted with bizarre story.”
“I know all about the marbles. I can tell you every marble,” Trump said.
Trump also appeared to mistake what day it was, saying, “If I wasn’t here, I’d be having a nice Saturday afternoon.” He said that, of course, on a Friday. This one was also picked up by Biden-Harris HQ.
Imagine if Biden were that befuddled? The press would have a field day.
From Mike Memoli at NBC News: ‘Cheap shot’: Biden allies go on the attack against the special counsel and the media.
The Biden campaign and the White House have landed on an initial strategy for responding to special counsel Robert Hur’s report that has spurred questions about the president’s fitness to hold office: Attack Hur and the media covering the report.
Woman Holding Black Cat, by TAkehisa Yumeji, 1919
The morning after Biden flashed anger at Hur for what he and other senior advisers argue was an inappropriate and excessive focus on his age, Ian Sams, a spokesperson for the White House counsel, sparred with the press corps for cherry-picking findings in the report, which he suggested was written in a way to shield Hur from political pressure from Republicans.
“I know it’s hard to wade through 400 full pages,” he said. “The report lays out example after example of how the president did not willfully take classified documents.”
Behind the scenes, Biden advisers in both the White House and his campaign were more scathing. One Biden ally said the report angered some of his supporters and, as a result, it was rallying them to his defense.
“People who are supporters of Biden are looking at that thinking that’s a cheap shot and he was playing politics,” the ally said.
The White House’s simmering animosity toward the media also burst into the public. One Biden aide said the media was “shameful” in its handling of the highly sensitive political moment.
“Hur couldn’t make his case and he takes partisan, personal and untrue swipes at Joe Biden,” one aide, who requested anonymity to speak frankly about internal views of the president’s team, said. “[He] did it so the media would take the bait, and none of you have learned a damn thing since 2016.”
The aide was referring to another fraught episode when then-FBI Director James Comey determined that while Democratic presidential nominee Hillary Clinton had been “extremely careless” in handling classified information, she would not face charges for using a private email server.
Yair Rosenberg at The Atlantic: What Biden’s Critics Get Wrong About His Gaffes.
On Sunday, Speaker of the House Mike Johnson went on television and mixed up Iran and Israel. “We passed the support for Iran many months ago,” he told Meet the Press, erroneously referring to an aid package for the Jewish state. Last night, the Fox News prime-time host Jesse Watters introduced South Dakota Governor Kristi Noem as hailing from South Carolina. I once joined a cable-news panel where one of the participants kept confusing then–Attorney General Jeff Sessions with Representative Pete Sessions of Texas. I don’t hold these errors against anyone, as they are some of the most common miscues made by people who talk for a living—and I’m sure my time will come.
Yesterday, President Joe Biden added another example to this list. In response to a question about Gaza, he referred to the Egyptian leader Abdel Fattah al-Sisi as the president of Mexico. The substance of Biden’s answer was perfectly cogent. The off-the-cuff response included geographic and policy details not just about Egypt, but about multiple Middle Eastern players that most Americans probably couldn’t even name. The president clearly knew whom and what he was talking about; he just slipped up the same way Johnson and so many others have. But the flub could not have come at a worse time. Because the press conference had been called to respond to Special Counsel Robert Hur’s report on Biden’s handling of classified documents, which dubbed the president an “elderly man with a poor memory,” the Mexico gaffe was immediately cast by critics as confirmation of Biden’s cognitive collapse.
Tama the Cat by Hiroaki Takahashi
But the truth is, mistakes like these are nothing new for Biden, who has been mixing up names and places for his entire political career. Back in 2008, he infamously introduced his running mate as “the next president of the United States, Barack America.” At the time, Biden’s well-known propensity for bizarre tangents, ahistorical riffs, and malapropisms compelled Slate to publish an entire column explaining “why Joe Biden’s gaffes don’t hurt him much.” The article included such gems as the time that then-Senator Biden told the journalist Katie Couric that “when the markets crashed in 1929, ‘Franklin Roosevelt got on the television and didn’t just talk about the princes of greed. He said, “Look, here’s what happened.”’” The only problem with this story, Slate laconically noted, was that “FDR wasn’t president then, nor did television exist.”
In other words, even a cursory history of Biden’s bungling shows that he is the same person he has always been, just older and slower—a gaffe-prone, middling public speaker with above-average emotional intelligence and an instinct for legislative horse-trading. This is why Biden’s signature moments as a politician have been not set-piece speeches, but off-the-cuff encounters, such as when he knelt to engage elderly Holocaust survivors in Israel so they would not have to stand, and when he befriended a security guard in an elevator at The New York Times on his way to a meeting with the paper’s editorial board, which declined to endorse him. And it’s why Biden’s key accomplishments—such as the landmark climate-change provisions of the Inflation Reduction Act, the country’s first gun-control bill in decades, and the expected expansion of the child tax credit—have come through Congress. The president’s strength is not orating, but legislating; not inspiring a crowd, but connecting with individuals.
Former federal prosecutor Shan Wu at The Daily Beast: Special Counsel Robert Hur’s Report on Biden’s Classified Documents Is Partisan and Unprofessional.
As part of his Don Quixote-like quest to avoid criticism, Attorney General Merrick Garland has binged on special counsel appointments throughout his tenure at the U.S. Department of Justice.
Now, following a string of debacles, including allowing Special Counsel John Durham to continue his useless four-year probe of the Mueller investigation—elevating the Hunter Biden prosecutor, David Weiss, to special counsel status after a half-decade of investigation—Garland’s hand-picked Special Counsel Robert Hur has produced a report on President Joe Biden’s handling of classified information that rivals former FBI Director James Comey’s infamous political hatchet-job on Hillary Clinton’s campaign.
Hur concludes what everybody already knew—namely that no criminal charges are warranted in Biden’s handling of classified materials—but gratuitously slams Biden’s fitness for office by describing him as a “sympathetic, well-meaning elderly man with a poor memory.” By allowing this unprofessional, partisan dig to be published, Garland plays right into the hands of former President Donald Trump and the extreme right’s ageist attacks on the president.
by Ayako Ishiguro
To be fair, maybe Hur was only trying to exercise what he thought was proper prosecutorial discretion in not bringing a weak case. Or perhaps, he may just be an inept, clumsy writer/editor.
But it was Garland’s responsibility to ensure that Hur’s report did not stray from proper Justice Department standards. Garland should have known the risks when he picked Hur—who had clerked for conservative Chief Justice William Rehnquist, served as the top aide to Deputy Attorney General Rod Rosenstein, who assisted Bill Barr’s distortion of the Mueller Report, and who was a Trump-appointed U.S. Attorney.
The bottom line is that Hur has produced a report that should have reassured the American people that President Biden did nothing wrong, but instead supplies Biden’s political rivals with ammunition for baseless attacks on Biden’s fitness for office.
Hur opens his report in a way that invites misinterpretation, by stating he “uncovered evidence that President Biden willfully retained and disclosed classified materials.” But Hur waits until the next paragraph to state that the evidence does not establish Biden’s guilt beyond a reasonable doubt.
The verb “uncovered” suggests evidence was hidden and only Hur’s skillful investigation discovered it. Nothing could be further from the truth, as the rest of the report demonstrates that President Biden hid nothing from the investigation and was entirely forthcoming. Hur’s wording also makes it sound like he believes Biden committed a crime, but he just can’t prove it when his report actually concludes there is a lack of evidence of Biden possessing criminal intent to commit a crime.
A report explaining the reasons for declination should be written in a very factual, non-pejorative way. Hur should have simply said that the evidence found in the investigation did not support a recommendation of criminal prosecution, and then gone on to explain what evidence had been evaluated.
There’s much more at the Daily Beast link.
Wu is not the only one who blames Merrick Garland for this fiasco. At Politico, Jonathan Lemire and Sam Stein write: White House frustration with Garland grows.
Joe Biden has told aides and outside advisers that Attorney General Merrick Garland did not do enough to rein in a special counsel report stating that the president had diminished mental faculties, according to two people close to the president, as White House frustration with the head of the Justice Department grows.
Cats practicing their music, Utagawa Kuniyoshi
The report from special counsel Robert Hur ultimately cleared Biden of any charges stemming from his handling of classified documents that were found at Biden’s think tank and his home. But Hur’s explanation for not bringing charges — that Biden would have persuaded the jury that he was a forgetful old man — upended the presidential campaign and infuriated the White House.
Biden and his closest advisers believe Hur went well beyond his purview and was gratuitous and misleading in his descriptions, according to those two people, who were granted anonymity to speak freely. And they put part of the blame on Garland, who they say should have demanded edits to Hur’s report, including around the descriptions of Biden’s faltering memory.
In White House meetings, aides have questioned why Garland felt the need to appoint a special counsel in the first place, though Biden has publicly said he supported the decision.
While Biden himself has not weighed in on Garland’s future, most of the president’s senior advisers do not believe that the attorney general would remain in his post for a possible second term, according to the two people.
A bit more:
“This has been building for a while,” said one of those people. “No one is happy”
Frustration within the White House at Garland has been growing steadily.
Last year, Biden privately denounced how long the probe into his son was taking, telling aides and outside allies that he believed the stress could send Hunter Biden spiraling back into addiction, according to the same two people. And the elder Biden, the people said, told those confidants that Garland should not have eventually empowered a special counsel to look into his son, believing that he again was caving to outside pressure.
Garland moved sooner in his investigation into former President Donald Trump’s election interference, a trial may already be underway or even have concluded, according to two people granted anonymity to discuss private matters. That trial still could take place before the election and much of the delay is owed not to Garland but to deliberate resistance put up by the former president and his team.
Here’s another point of view on President Biden from Republican Stuart Stevens at The New Republic: Just Say It, Democrats: Biden Has Been a Great President. His achievements have been nothing short of historic.
A plea to my Democratic friends: It’s time to start calling Joe Biden a great president. Not a good one. Not a better choice than Donald Trump. Joe Biden is a historically great president. Say it with passion backed by the conviction that it’s true.
Because it is.
Yes, the desire to see the 2024 election as a choice between a normal, stable president versus an erratic thug under indictment in multiple states is seductive. But don’t base a campaign on that contrast. Don’t go into 2024 with the game plan to win because Donald Trump is an existential threat to democracy. That’s true, he is, but that’s only making the case that Donald Trump shouldn’t be president. It’s not the reason Joe Biden should be reelected.
Joe Biden should remain president because of his historic level of achievement here at home while standing on the side of freedom versus tyranny in the largest land war in Europe since World War II, a role no American president has played since the Roosevelt-Truman era. Be bold. Walk into this campaign with swagger and confidence and pride.
It’s become a 2024 trope that Donald Trump is the only Republican whom President Biden could beat, and that Biden is the only Democrat whom Trump could defeat. Like a lot of things in politics, it’s true if you accept it. But that acceptance is voluntary. Reject that framing for the industrial political complex bullshit that it is, brought to you by the same class of experts who knew without question that Bill Clinton was dead in June 1992, when he was running third to Ross Perot and George Bush, with 24 percent of the vote.
Stop the nonsense that only a weak opponent gives Joe Biden a chance to win. It’s more than wrong—it’s dangerous, completely misjudging Donald Trump’s strength. Trump is dominating a contest for a presidential nomination like no candidate in modern history because he’s the weakest candidate?
No. Donald Trump is going to win the Republican nomination easily, be endorsed by all his opponents not named Christie or Hutchinson, and emerge from the primaries better positioned to face an incumbent president than any candidate since Ronald Reagan in 1980. If you don’t want to wake up with Trump as your president a year from now, stop fantasying that Trump might not be the Republican nominee. End the whining about a Trump-Biden choice that only helps Trump and get about the business of uniting behind a great president.
A bit more:
As someone who worked in Republican campaigns for almost 30 years, I say without hesitation that the Democratic Party is the only pro-democracy party in America. But guys, why do so many of you have this need to act like ungrateful children of wealthy parents—impossible to please and always demanding more? Name a president who accomplished as much in his first term.
A shapeshifting cat, by Utagawa Kuniyoshi
The stock market is hitting record highs. Unemployment is at a record low, with 14 million new jobs. Talk to small-business owners, and the biggest problem they are facing is finding workers. A child born in the first Republican “infrastructure week” would have been entering grade school by the time President Biden passed the largest public spending initiative in American history. As a Republican media consultant, I made hundreds of ads about the high cost of prescription drugs. But it took President Biden to give Medicare the power to directly negotiate with Big Pharma to lower prices and cap the cost of insulin for Medicare beneficiaries at $35. For all the bitching about gas prices, the United States is now producing more oil than any country in history. Yes, more than Russia or Saudi Arabia, and that’s one of the reasons gas prices are now lower in inflation-adjusted prices than in 1974. Yeah, I know, fossil fuels suck, and the world should run on solar power. But the Biden administration also launched a $7 billion solar power investment project.
What is most amazing is that Biden got this done in a world in which the majority of Republicans believe he is not a legal president. Ponder that for a minute. You are a White House staffer working to help pass Biden initiatives, and you are dealing with members of Congress and senators who don’t just disagree with your boss—they think he’s an illegitimate president.
Wake up and show some gratitude. You wanted student loan forgiveness. You got it, for three million borrowers. You wanted a president who would finally pass gun safety legislation. You got the most comprehensive bill in nearly 30 years, the Bipartisan Safer Communities Act, which passed with the support of 15 Republican senators and 14 Republican House members, opening the door to some hope that laws on gun violence might finally start to reflect the wishes of the majority of the country. Maybe you’re a Democrat who actually cares about the federal deficit, unlike the Republicans who fake concern. Since Biden took office, the deficit has decreased by $1.7 trillion.
Yesterday, Dakinikat wrote about Jack Smith’s arguments to Judge Aileen Cannon that secret grand jury information from government witnesses should not be made public or given to Trump and his co-defendants. Yesterday Cannon ordered Smith to hand over the files today. It’s not clear yet what will happen, but Smith could appeal this to the 11th Circuit. One reason Smith wants to keep the documents sealed is because there is an active investigation of witness intimidation involved.
From ABC News: Authorities investigating online threats made to potential witness related to Trump classified docs case.
Federal authorities are currently investigating a series of threats made online to a potential witness related to special counsel Jack Smith’s classified documents case against former President Donald Trump, according to a new court filing from Smith’s team.
In the filing late Wednesday in federal court in Florida, Smith’s team asked U.S. District Judge Aileen Cannon, the judge overseeing the case, to let them file an exhibit under seal because, they wrote, “The exhibit describes in some detail threats that have been made over social media to a prospective Government witness and the surrounding circumstances, and the fact that those threats are the subject of an ongoing federal investigation being handled by a United States Attorney’s Office.”
“Disclosure of the details and circumstances of the threats risks disrupting the investigation,” the filing said.
The targeted witness was not identified.
The three-page filing discussing the probe was submitted as part of a dispute between Smith’s team and Trump’s lawyers over how much information should be redacted — or totally withheld from public view — in certain court filings.
In their filing Wednesday, Smith’s team urged Judge Cannon to let them file the exhibit completely under seal because, they said, simply redacting names or other parts of the document could still “provide information to the suspect to which he/she may not otherwise be entitled.”
Newsweek: Donald Trump Handed Boost by Judge Cannon After Jack Smith Fury.
Donald Trump and his legal team will receive unredacted FBI witnesses’ reports as part of the classified documents case after Special Counsel Jack Smith failed in his bid to withhold the information.
Beauty and the Cat , by Kunisada Utagawa
Judge Aileen Cannon, who is overseeing the trial against the former president, ordered federal prosecutors to hand over unredacted materials sought by Trump’s legal team in discovery, as well as the two other co-defendants in the case, Walt Nauta and Carlos De Oliveira….
On Thursday, Smith accused Cannon of making a “clear error” when she allowed that the documents be handed over. He said in filings that the move would reveal the identities of numerous potential witnesses, as well as potentially exposing them to “significant and immediate risks of threats, intimidation, and harassment.” Newsweek contacted the Department of Justice on Saturday via email.
Cannon had originally paused deadlines for Smith’s team to hand over the documents while she considered the special counsel’s motion. However, the stay lasted only a few hours, and later she ruled on Friday that the information must be delivered to Trump and the other defendants by Saturday, February 10.
The judge ruled that the information, including the names of potential witnesses, will be sealed from the public until a later court order.
Cannon, who was nominated to the bench by Trump, has long faced calls to recuse herself from the case after she made a number of decisions that favored the former president; these include ones that could potentially delay the start of the trial, scheduled for May.
Twitter lawyers are still suggesting that Jack Smith may take his case to the 11th Circuit. I’ll post in the comments if anything happens.
I’ll end with this climate change story from CNN: Critical Atlantic Ocean current system is showing early signs of collapse, prompting warning from scientists.
A crucial system of ocean currents may already be on course to collapse, according to a new report, with alarming implications for sea level rise and global weather — leading temperatures to plunge dramatically in some regions and rise in others.
Using exceptionally complex and expensive computing systems, scientists found a new way to detect an early warning signal for the collapse of these currents, according to the study published Friday in the journal Science Advances. And as the planet warms, there are already indications it is heading in this direction.
The Atlantic Meridional Overturning Circulation (the AMOC) — of which the Gulf Stream is part — works like a giant global conveyor belt, taking warm water from the tropics toward the far North Atlantic, where the water cools, becomes saltier and sinks deep into the ocean, before spreading southward.
The currents carry heat and nutrients to different areas of the globe and play a vital role in keeping the climate of large parts of the Northern Hemisphere relatively mild.
For decades, scientists have been sounding the alarm on the circulation’s stability as climate change warms the ocean and melts ice, disrupting the balance of heat and salt that determines the currents’ strength.
While many scientists believe the AMOC will slow under climate change, and could even grind to a halt, there remains huge uncertainty over when and how fast this could happen. The AMOC has only been monitored continuously since 2004.
Scientists do know — from building a picture of the past using things like ice cores and ocean sediments — the AMOC shut down more than 12,000 years ago following rapid glacier melt.
Now they are scrambling to work out if it could happen again.
This new study provides an “important breakthrough,” said René van Westen, a marine and atmospheric researcher at the University of Utrecht in the Netherlands and study co-author.
Read the rest at CNN. Maybe Quixote will comment on this story if she comes by.
I hope everyone is having a great weekend!
Friday Reads: Breaking News!
Posted: August 11, 2023 Filed under: 2024 presidential Campaign, Afternoon Reads, Criminal Justice System, Donald Trump, just because | Tags: David Weiss, Fani Willis, Hunter Biden, Jack Smith, John Lauro, Judge Tanya Chutkan, Merrick Garland, racketeering case, Special Counsel 5 CommentsGood Afternoon!!
Breaking News: Attorney General Merrick Garland has appointed a special counsel to oversee the Hunter Biden investigation.
Associated Press: Attorney General Garland appoints a special counsel in the Hunter Biden probe.
Attorney General Merrick Garland announced Friday he is appointing a special counsel in the Hunter Biden probe, deepening the investigation of the president’s son ahead of the 2024 election.
Garland said he is naming David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president’s son, as the special counsel.
Garland said on Tuesday that Weiss told him that “in his judgment, his investigation has reached a stage at which he should continue his work as a Special Counsel, and he asked to be appointed.”
“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said.
The move is a momentous development from the typically cautious Garland and comes amid a pair of sweeping Justice Department probes into Donald Trump, the former president, and President Joe Biden’s chief rival in next year’s election. It comes as House Republicans are mounting their own investigation into Hunter Biden’s business dealings.
Jim Jordan must be celebrating.
Also Breaking News: The hearing with Judge Tanya Chutkan on the prosecution’s request for a protective order in January 6 case has just wrapped up. Chutkan made it pretty clear that Trump had better not intimidate witnesses or pollute the jury pool, or he will be in big trouble. She alsBo told the defense to stop talking about politics. This is a criminal case, and she will not allow the politics to interfere with her decisions. Trump must follow the conditions he was given at his arraignment. If that causes him to have to keep his big fat mouth shut in some instances, that’s just too bad (my words). If you want a good, detailed thread on the hearing, I recommend this one by Brandi Buchman:
Read it on Twitter. And here is Buchman’s story at Law and Crime: Trump lawyers, special counsel square off in court on limits for pretrial evidence in Jan. 6 indictment.
A report from CNN: Judge Chutkan says Trump’s right to free speech in January 6 case is ‘not absolute.’
US District Judge Tanya Chutkan said that she plans to put serious limits over how sensitive evidence is handled in the Donald Trump 2020 election interference case, in a dramatic hearing Friday in Washington, DC, that could set the tone for the upcoming trial.
The former president has a right to free speech, but that right is “not absolute,” Chutkan said. “Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute. In a criminal case such as this one, the defendant’s free speech is subject to the rules.” [….]
Whether or not Trump’s public statements are covered by the protective order that’s issued, she said, if they result in the intimidation of a witness or the obstruction of justice, “I will be scrutinizing them very carefully.”
Trump’s lawyer John Lauro said: “President Trump will scrupulously abide by his conditions of release.”
Chutkan adopted restrictions proposed by prosecutors that would bar Trump from publicly disclosing information from interview transcripts and recordings from the investigation, including from witness interviews with investigators that took place outside of the grand jury….
Chutkan and Lauro had several pointed exchanges about what the 2024 presidential contender should be allowed to say about the evidence that is turned over to him in the case.
“No one disagrees that any speech that intimidates a witness would be prohibited, what we are talking about is fair use of information,” Lauro said at one point, putting forward a hypothetical that Trump is publicly remarking on something from his personal memory that is also evidence in the case.
“The fact that he is running a political campaign currently has to yield to the administration of justice,” the judge said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”
Lauro put forward a hypothetical of Trump making a statement while debating his former Vice President Mike Pence – who is also running for the White House now and is a key witness in the criminal case – that overlapped with what’s in discovery.
The judge wasn’t sold.
“He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order,” Chutkan said.
From The Daily Beast: Jack Smith Wants Trump Convicted by Super Tuesday.
Special Counsel Jack Smith’s office wants to put former President Donald Trump on trial for his attempted coup in January next year—a move that, if approved by a judge, could brand him a felon before the biggest GOP presidential primaries.
In a filing on Thursday, the special counsel’s office proposed a trial date of January 2, 2024, which they say would take “no longer than four to six weeks.”
Should U.S. Magistrate Judge Moxila A. Upadhyaya approve that date, Trump’s trial could be done and dusted before the GOP’s primaries in South Carolina and Michigan, with plenty of time before the delegate-rich slate of Super Tuesday states in March.
Trump already faces two other separate criminal trials in March and May in New York and Florida, respectively. However, those trials have been delayed enough that Trump still managed to snag key elections before risking the embarrassing reality of being convicted of felonies while asking voters to make him the Republican nominee.
Prosecutors working on these different cases all wanted earlier dates, but judges gave into Trump’s demands for more time. While his lawyers cited the sheer amount of overwhelming work required to sort through millions of pages of evidence, the former president has used political rallies and online posts to accuse prosecutors of trying to derail his re-election campaign. In the end, judges gave Trump a little extra time.
Also at The Daily Beast, Jose Pagliery has a story on Judge “loose” Cannon and another big mistake: Inside One ‘Egregious’ Mistake From Trump’s Florida Judge Aileen Cannon.
U.S. District Judge Aileen Cannon, whose pro-Trump bias and head-turning errors have raised questions about whether she should be overseeing former President Donald Trump’s criminal trial in Florida, made what appears to be another surprising mistake last year.
Now, a defense lawyer is seizing on her misstep to try freeing his client from prison—even though he was caught on tape violently throwing a courtroom chair at a prosecutor and threatening to kill him.
The blunder was simple and entirely avoidable. The federal judge told jurors they could find the man, Christopher Wilkins, “guilty or not guilty.” But then she handed jurors a verdict form that didn’t even have those options.
“How far does somebody have to go to school to say that a verdict form is supposed to say guilty and not guilty?” asked defense lawyer Jeffrey Garland. “That would be one of the more egregious versions of jury instruction error… it’s such a rare error.”
Garland formally filed an appeal on Thursday and hopes to overturn a case that’s as black-and-white as they come—on a technicality.
“This is the judge’s deal. This is nobody else’s deal. I’m gonna tell ya, I’ve done a lot of appeals, and I’ve got a pretty good winning record. This is a great issue,” he said. “For a guy who’s on tape throwing a chair in court, it’s pretty ‘not good’ behavior. It would have been simple. You have a trial, properly instruct a jury, give them a form, and the jury’s gonna do what the jury’s gonna do.”
Cannon’s short and controversial history on the bench is under a microscope, given that she is presiding over such an historic criminal trial: that of a former president facing prison time for mishandling classified records at Mar-a-Lago and lying to the feds in a coverup. Trump himself appointed her in his final months in office, yet she has not recused herself from the case.
Read more at The Daily Beast.
The Guardian’s Hugo Lowell on the expected Georgia indictments:
Trump allies face potential charges in Georgia over voting machine breaches.
The Fulton county district attorney investigating Donald Trump’s efforts to overturn the 2020 election results in Georgia has evidence to charge multiple allies of the former president involved in breaching voting machines in the state, according to two people briefed on the matter.
The potential charges at issue are computer trespass felonies, the people said, though the final list of defendants and whether they will be brought as part of a racketeering case when prosecutors are expected to present evidence to the grand jury next week remain unclear.
To bring a racketeering case under Georgia state law, prosecutors need to show the existence of an “enterprise” predicated on at least two “qualifying” crimes, of which computer trespass is one. The Guardian has reported that prosecutors believe they have sufficient evidence for a racketeering case.
The statute itself prohibits the intentional use of a computer or computer network without authorization in order to remove data, either temporarily or permanently. It also prohibits interrupting or interfering with the use of a computer, as well as altering or damaging a computer.
Prosecutors have taken a special interest in the breach of voting machines in Coffee county, Georgia, by Trump allies because of the brazen nature of the operation and the possibility that Trump was aware that his allies intended to covertly gain access to the machines.
In a series of particularly notable incidents, forensics experts hired by Trump allies copied data from virtually every part of the voting system, which is used statewide in Georgia, before uploading them to a password-protected website that could be accessed by 2020 election deniers.
Read the rest at the link above.
I’m going to end there. This post is mostly breaking news. I’ll update in the comments if I hear more about these stories.
Lazy Caturday Reads
Posted: June 17, 2023 Filed under: Cats, caturday, Crime, Criminal Justice System | Tags: Costa Mesa CA Planned Parenthood attack, history of slavery, Jim Jordan, Merrick Garland, Minneapolis police, Pittsburgh Tree of Life shooting, Robert Bowers, Rudy Giuliani, slave auctions, Special Counsel Jack Smith, Trump investigations 9 Comments
Cat in frying pan
Happy Caturday!!
After all the excitement the last two weeks, today feels like a somewhat slow news day. It’s a long weekend, so that might have something to do with it. Anyway, I have found several interesting stories to share with you.
First up, this fascinating long read at ProPublica by Jennifer Berry Hawes: How a Grad Student Uncovered the Largest Known Slave Auction in the U.S.
Sitting at her bedroom desk, nursing a cup of coffee on a quiet Tuesday morning, Lauren Davila scoured digitized old newspapers for slave auction ads. A graduate history student at the College of Charleston, she logged them on a spreadsheet for an internship assignment. It was often tedious work.
She clicked on Feb. 24, 1835, another in a litany of days on which slave trading fueled her home city of Charleston, South Carolina. But on this day, buried in a sea of classified ads for sales of everything from fruit knives and candlesticks to enslaved human beings, Davila made a shocking discovery.
On page 3, fifth column over, 10th advertisement down, she read:
“This day, the 24th instant, and the day following, at the North Side of the Custom-House, at 11 o’clock, will be sold, a very valuable GANG OF NEGROES, accustomed to the culture of rice; consisting of SIX HUNDRED.”
She stared at the number: 600.
A sale of 600 people would mark a grim new record — by far.
Until Davila’s discovery, the largest known slave auction in the U.S. was one that was held over two days in 1859 just outside Savannah, Georgia, roughly 100 miles down the Atlantic coast from Davila’s home. At a racetrack just outside the city, an indebted plantation heir sold hundreds of enslaved people. The horrors of that auction have been chronicled in books and articles, including The New York Times’ 1619 Project and “The Weeping Time: Memory and the Largest Slave Auction in American History.” Davila grabbed her copy of the latter to double-check the number of people auctioned then.
It was 436, far fewer than the 600 in the ad glowing on her computer screen.
She fired off an email to a mentor, Bernard Powers, the city’s premier Black history expert. Now professor emeritus of history at the College of Charleston, he is founding director of its Center for the Study of Slavery in Charleston and board member of the International African American Museum, which will open in Charleston on June 27.
If anyone would know about this sale, she figured, it was Powers.
Yet he too was shocked. He had never heard of it. He knew of no newspaper accounts, no letters written about it between the city’s white denizens.
“The silence of the archives is deafening on this,” he said. “What does that silence tell you? It reinforces how routine this was.”
Davila eventually approached ProPublica with her find. A reporter did further research, and eventually learned the source of the ad.
A ProPublica reporter found the original ad for the sale, which ran more than two weeks before the one Davila spotted. Published on Feb. 6, 1835, it revealed that the sale of 600 people was part of the estate auction for John Ball Jr., scion of a slave-owning planter regime. Ball had died the previous year, and now five of his plantations were listed for sale — along with the people enslaved on them.
The Ball family might not be a household name outside of South Carolina, but it is widely known within the state thanks to a descendant named Edward Ball who wrote a bestselling book in 1998 that bared the family’s skeletons — and, with them, those of other Southern slave owners.
“Slaves in the Family” drew considerable acclaim outside of Charleston, including a National Book Award. Black readers, North and South, praised it. But as Ball explained, “It was in white society that the book was controversial.” Among some white Southerners, the horrors of slavery had long gone minimized by a Lost Cause narrative of northern aggression and benevolent slave owners.
Based on his family’s records, Edward Ball described his ancestors as wealthy “rice landlords” who operated a “slave dynasty.” He estimated they enslaved about 4,000 people on their properties over 167 years, placing them among the “oldest and longest” plantation operators in the American South.
Read the rest at ProPublica, if you’re interested in this history.
Yesterday, a jury found Robert Bowers, the Pittsburgh Tree of Life shooter guilty on all charges. CNN: Gunman in Pittsburgh synagogue shooting found guilty of all 63 federal charges.
Robert Bowers, the gunman who killed 11 worshippers at Pittsburgh’s Tree of Life synagogue in 2018, was convicted by a federal jury Friday on all 63 charges against him.
Bowers, 50, now faces the possibility of the death sentence at the hands of the same jury for the deadliest attack ever on Jewish people in the US.
Asked to individually confirm their verdicts, each juror answered “yes” without hesitation. Some were forceful in their replies. They deliberated for about five hours over two days.
Bowers was convicted of 11 capital counts of obstruction of free exercise of religious beliefs resulting in death and 11 capital counts of use of a firearm to commit murder during and in relation to a crime of violence, among other charges.
Bowers was also convicted of 11 counts of hate crimes resulting in death.
The convictions mean the trial will move to a separate penalty phase, with the jury weighing further evidence to decide whether to sentence him to death or life in prison without the possibility of parole.
The penalty phase is scheduled to begin June 26.
Steve Almasy at CNN: Jury in Pittsburgh synagogue massacre trial will hear more distressing testimony when penalty phase begins.
For much of the past two-plus weeks, many of the federal government’s 60 witnesses described the horror when a gunman entered the Tree of Life synagogue in Pittsburgh in 2018 and killed 11 worshippers – the deadliest attack ever on Jewish people in the United States.
A federal jury convicted the gunman Friday on all 63 charges against him, including 22 capital charges. On June 26, the same jury will again hear horrible details of the massacre and what those losses mean to families, as it decides the fate of Robert Bowers….
Testimony from prosecution witnesses included a 911 operator who listened to a victim’s last words before she was fatally shot, a survivor who said one of the people who was killed fell inches from her, a police officer who had to step over bodies while rescuing a wounded SWAT member, and a wounded woman who refused to leave her mother as her mom died.
Other witnesses included medical, firearms and computer experts….
The president of the Jewish Community Center of Greater Pittsburgh said Friday that survivors have taken the witness stand to provide important testimony despite the immense difficulty of that task. They will continue to do so in the next phase of the trial, Brian Schreiber said.
“We look forward to hearing the direct victim-impact testimony. They will be able to tell, in their own words, what that loss feels like,” said Schreiber, who lost friends in the attack.
Schreiber did not take an official stance on a potential death sentence for the gunman.
“It’s going to be gut-wrenching,” said Jeff Finkelstein, president of the Jewish Federation of Greater Pittsburgh. “It’s going to reopen wounds that keep getting reopened for us here in our Pittsburgh community – not just the Jewish community, but this greater Pittsburgh region. And I just encourage everyone to seek the support that they might need.”
The Jewish Community Center of Greater Pittsburgh has been providing support for those affected by the shooting through its 10.27 Healing Partnership program, which Schreiber said will continue to offer resources. The name of the program is a nod to the date, October 27, 2018, when the attack took place.
Also yesterday, Merrick Garland released the results of a federal investigation of the Minneapolis Police that was begun after the murder of George Floyd. The New York Times: Minneapolis Police: Scathing Report Exposes Racist and Unconstitutional Policing.
The Justice Department on Friday released a damning account of systemic abuses and discrimination by the police in Minneapolis, the result of a multiyear investigation that began after the murder of George Floyd in police custody ignited protests across the country.
In an 89-page report, investigators laid out repeated instances of the police engaging in unlawful discrimination against Black and Native American people, as well routinely failing to take arrestees’ health complaints seriously and violating the First Amendment rights of demonstrators and journalists at protests.
“The patterns and practices we observed made what happened to George Floyd possible,” said Attorney General Merrick B. Garland, who ordered the investigation in April 2021.
The Justice Department found there was “reasonable cause to believe” that police officers engaged in a “pattern or practice of conduct that deprives people of their rights under the Constitution and federal law.”
Among many other examples of discrimination by officers, investigators outlined an episode in which an officer said his goal was to wipe the Black Lives Matter movement “off the face of the earth.” Mr. Garland added that officers often used some version of the line, “You can breathe, you’re talking right now,” when placing citizens in chokeholds.
The city has agreed to negotiate a court-enforced agreement that, if enacted, would require a sweeping overhaul of the city’s police force, which has faced an exodus of officers and a lack of community support since the death of Mr. Floyd, a 46-year-old Black man, in May 2020.
Read details of the agreement and reactions to the report in Minneapolis at the NYT link.
A bit of Trump investigation news broke yesterday. CNN: Special counsel seeks court order to ensure Trump and his defense don’t share materials turned over in discovery.
Special counsel Jack Smith’s team is asking the judge in the classified documents case against Donald Trump to bar the former president and his defense team from publicly disclosing some of the materials shared in the criminal case as part of the discovery process.
In a new filing on Friday, Smith’s team said that among the unclassified materials that prosecutors are set to turn over to the defense is “information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals.”
The filing, which includes a proposed protective order, is an expected, procedural step now that Trump has entered his not guilty plea and the proceedings are moving forward. Lawyers for Trump and his co-defendant Walt Nauta do not oppose the requested protective order, according to the filing.
US Magistrate Judge Bruce Reinhart, citing local court rules. Reinhart approved the search warrant the FBI executed at Mar-a-Lago last year.
Smith’s team said in the filing that the “government is ready to provide unclassified discovery to the defense.”
“The discovery materials include sensitive and confidential information,” including personal and financial data, information that reveals “sensitive” investigative techniques and information about potential witnesses, according to the filing. Some of that information could be in grand jury transcripts or recordings of witness interviews.
“The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals,” the filing said.
[Emphasis added] That sounds interesting. From Alan Feuer at The New York Times: Evidence in Trump Documents Case Hints at ‘Ongoing Investigations,’ Filing Says.
The federal prosecutors overseeing the classified documents case against former President Donald J. Trump said in court papers on Friday that the evidence they are poised to give the defense as part of the normal process of discovery contained information about “ongoing investigations” that could “identify uncharged individuals.”
The court papers — a standard request to place a protective order on the discovery material — contained no explanation about what those other inquiries might be or whether they were related to the indictment detailing charges against Mr. Trump of illegally retaining dozens of national defense documents and obstructing the government’s efforts to get them back. The papers also did not identify who the uncharged people were.
Still, the reference to continuing investigations was the first overt suggestion — however vague — that other criminal cases could emerge from the work that the special counsel Jack Smith has done in bringing the Espionage Act and obstruction indictment against Mr. Trump in Miami last week.
Mr. Smith is also overseeing the parallel investigation into Mr. Trump’s efforts to reverse his election loss in 2020 and the ensuing assault on the Capitol by a mob of his supporters on Jan. 6, 2021.
Some witnesses close to Mr. Trump have been questioned by Mr. Smith’s team in connection with the both the documents and election interference inquiries.
Very interesting.
One more crime story, h/t Dakninikat. From Marisa Sarnoff at Law and Crime: ‘BOOM’: Marine arrested in 2022 firebomb attack on Planned Parenthood clinic.
An active duty U.S. Marine is in federal custody after being arrested for allegedly firebombing a [Costa Mesa, CA] Planned Parenthood clinic in 2022.
Chance Brannon, 23, a Marine corporal, and Tibet Ergul, 21, were arrested Wednesday in the April 2022 attack, the U.S. Attorney’s Office announced in a press release. They are each charged with using an explosive or fire to cause property damage.
According to the criminal complaint, Brannon and Ergul attacked the clinic in the early morning hours of March 13, 2022. Prosecutors say they threw a Molotov cocktail — an incendiary device made up of a glass bottle containing a flammable substance, such as liquid gasoline, that is lit and then thrown, shattering on impact and igniting the liquid — at the clinic entrance. The fire damaged the building and, according to the Justice Department, caused the healthcare clinic to close the next day and cancel some 30 appointments.
Prosecutors say that a witness called in a tip to the FBI that Ergul had sent a text message describing the attack.
“BOOM [fire emoji],” the message from Ergul to the witness said in describing the impact of the Molotov cocktail on the building of the “Costa Mesa health center/Planned Parenthood clinic,” according to the complaint. Ergul allegedly told the witness that he wished he “could’ve recorded the combustion.”
The witness also identified Brannon to the FBI, in part through a picture Ergul sent the witness on March 14, 2022, appearing to depict the Molotov cocktail. The witness said the picture looked like it was taken inside Brannon’s car.
Both defendants are scheduled to be arraigned on July 24.
I’ll end with a little comic relief about the endless efforts of Republicans to prove that President Biden is corrupt.
The New Republic: Giuliani Says Key Biden Informant Is Dead.
There’s a new wrinkle in the Republicans’ totally legitimate investigation into Joe Biden: One of their informants is apparently dead, according to Rudy Giuliani.
Republicans have spent all week accusing the president of accepting a massive bribe from Ukraine (conveniently at the same time that Donald Trump was arrested for allegedly stealing and hiding classified documents), and have referred a number of times to a set of recordings that they claim prove his guilt. The GOP learned about these supposed recordings as part of the House Oversight Committee’s months-long investigation into the Biden family, which has yet to produce any actual evidence linking the president to wrongdoing.
House members were allowed last week to see a redacted version of an FD 10-23, a form the FBI uses to note unverified information from confidential sources. Several Republican lawmakers say that not only does the FBI form they saw last week mention this bribe but that a Burisma executive has audio recordings of Biden and Hunter Biden accepting the money. Both Anna Paulina Luna and Marjorie Taylor Greene said that the executive is Burisma owner Mykola Zlochevsky.
But according to Rudy Giuliani, the executive is actually the wife of Burisma co-founder Mykola Lisin. Giuliani told Newsmax over the weekend that Lisin died under suspicious circumstances. He seemed to imply the businessman left the recordings to his wife, but she died before the FBI could interview her.
The FBI “followed up on none of the evidence I gave them,” Giuliani said. “I gave them one witness that any investigator would jump through hoops to go to. Gave them a witness who is a woman, who is the chief accountant at this crooked company Burisma.”
“She was the wife of the former owner, who died under suspicious circumstances. And she was willing to give up all of the offshore bank accounts, including the Bidens’!”
Oh my goodness me! How very incriminating. Except there is simply no evidence that any tapes involving Biden actually exist.
From Tommy Christopher at Mediaite: Jim Jordan Notes ‘We Don’t Know For Sure If These Tapes Exist’ When Asked About Impeaching Biden Over Probe.
Ohio Republican Congressman Jim Jordan pointed out “we don’t know” if the tapes Republicans claim implicate President Joe Biden “exist” when he was asked about impeaching the president.
Republicans like Sen. Chuck Grassley (R-IA) and Rep. James Comer (R-KY) are having a rough time with the media in their promotion of an FBI form they say details allegations against Biden and his son Hunter Biden — the latest wrinkle being the claim that an informant’s source claims to have over a dozen audiotapes implicating Biden.
Several Republicans have pumped the brakes by pointing out the tapes may not even exist, including Grassley, Comer, and Wisconsin Sen. Ron Johnson.
On a recent edition of The Chris Salcedo Show, Jordan pointedly brought up the uncertainty in the context of impeaching Biden over the tapes, telling host Chris Salcedo that “we don’t know for sure if these tapes exist.” [….]
When reached for comment, White House counsel spokesman Ian Sams told Mediaite, “Everything in their so-called investigation seems to be mysteriously missing: informants, audio tapes, and most importantly of all – any credible evidence. Maybe it’s time for House Republicans to join the President to focus on real issues that matter to the American people like fighting inflation and creating jobs instead of these sad sideshow stunts.”
That’s it for me today. I hope you are all having a nice long weekend.
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