Thursday Reads

spanish-still-life-Henri Matisse, 1911

Spanish Still Life, Henri Matisse, 1911

Good Morning!!

The Fox News-Dominion lawsuit and the Tucker Carlson-Kevin McCarthy effort to paint January 6 as a tourist visit are still getting the most attention in today’s political news. I’ll get to that in a minute. But first, Senate Minority Leader Mitch McConnell has been hospitalized after a fall last night. McConnell is 81.

The Washington Post: Mitch McConnell hospitalized after falling at hotel.

Senate Minority Leader Mitch McConnell (R-Ky.) has been hospitalized following a fall at a hotel in Washington, his spokesman said late Wednesday.

The 81-year-old senator was attending a private dinner at a local hotel when he tripped, spokesman David Popp said in a statement. “He has been admitted to the hospital where he is receiving treatment,” he added, without providing any further details on his condition.

McConnell, who is serving his seventh six-year term in the Senate, became GOP leader in 2007. He has held the post for longer than any other Republican and for years has been among the most powerful elected officials in Washington.

He previously underwent surgery following a serious fall in August 2019, when he fractured his shoulder after tripping outside his Louisville home. The procedure kept him out of the public eye for weeks as he spent the congressional break recovering at home and undergoing physical therapy.

The senator, who overcame polio as a child, also has a history of heart issues and underwent triple bypass surgery in 2003, just after being promoted to the No. 2 Senate Republican post.

When pictures emerged in 2020 showing his hands bruised and bandaged, he downplayed interest in his health as media hype. As of December, the average age in the Senate was 64.

We don’t know how serious his injuries are yet. Maybe we’ll learn something later today.

The latest on the Fox News-Dominion story. The “journalists” on the “news” side of Fox are pissed off.

Justin Baragona at The Daily Beast: Fox News Journalists Sound Off on ‘Soul-Crushing’ Dominion Filings.

“I think no regular person could read this and look at Fox like a news organization at this point.”

In the wake of bombshell legal filings showing that Fox News executives and stars seemingly sought to pacify their disgruntled MAGA viewers by airing election lies, while punishing and censoring the employees attempting to deliver the actual truth, the above observation has become commonplace within media circles.

Pierre Auguste Renoir, By the Water or Near the Lake 1880

Pierre Auguste Renoir, By the Water or Near the Lake 1880

But some of the shots are being fired from within the conservative cable giant.

According to nine Fox News staffers and insiders, the pre-trial filings in Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News further impugn and sully the reputation of the network’s “straight news” journalists, especially since they show Fox was “operating out of fear” over losing viewers to smaller right-wing competitors following its Decision Desk’s early (and accurate) Arizona election night call for President Joe Biden.

“We are not happy,” one reporter told The Daily Beast.

At the same time, five sources familiar with the situation say that despite the very public reputational harm resulting from the Dominion documents, the news side has been kept in the dark on the filings, with no communication from Fox’s corporate management or human resources department.

“It’s just a really bad time to be working here,” one news producer said.

The prime time entertainment stars have waged war on the “journalists,” despite the fact that everyone from Rupert Murdoch down knew that Trump’s claims that the 2020 election was stolen were complete nonsence.

More than anything, the tranche of internal messages and texts Dominion obtained from Fox executives, hosts, and producers show a network in full-blown crisis over the fear of losing its relevance within the conservative movement—and a network whose top stars loathed the fact-driven journalists on the “hard news” side.Rupert Murdoch, the head of the Fox empire, privately conceded that Trump’s claims were “really crazy stuff,” and Fox News CEO Suzanne Scott warned shortly after the election that they shouldn’t “give the crazies an inch.”

Even stars like Sean Hannity and Laura Ingraham privately trash-talked Team Trump’s “insane” fraud claims. But despite all that, the Fox hosts were simultaneously boosting them on the network’s airwaves in the days and weeks after the election.

More than anything, the tranche of internal messages and texts Dominion obtained from Fox executives, hosts, and producers show a network in full-blown crisis over the fear of losing its relevance within the conservative movement—and a network whose top stars loathed the fact-driven journalists on the “hard news” side.Rupert Murdoch, the head of the Fox empire, privately conceded that Trump’s claims were “really crazy stuff,” and Fox News CEO Suzanne Scott warned shortly after the election that they shouldn’t “give the crazies an inch.”

Even stars like Sean Hannity and Laura Ingraham privately trash-talked Team Trump’s “insane” fraud claims. But despite all that, the Fox hosts were simultaneously boosting them on the network’s airwaves in the days and weeks after the election.

Other hard news Fox hosts such as Neil Cavuto and Leland Vittert also found themselves in the crosshairs for pushing “anti-Trump” narratives in the days following the election.

There’s much more on the “news” vs. entertainment war at the link above.

Field Flowers, Andrew Wyeth

Field Flowers, Andrew Wyeth

Brian Stelter at Vanity Fair: “We’re All Embarrased”: Inside Fox News as Dominion Revelations Rattle the Network.

Stelter writes that Fox has been holding workshops for its employees on libel law, including the concept of “actual malice.”

Insiders say the workshops have happened for years. Indeed, legal refreshers are routine at major media companies—make sure you ask for comment, choose your adjectives carefully, attribute incendiary claims. But there is nothing routine about this moment in Fox News history. Every new legal filing in Dominion’s $1.6 billion defamation suit sets off a wave of coverage, criticism, and mockery, from the front page of The New York Times to the cold open of Saturday Night Live. More revelations came Tuesday, including Tucker Carlson saying of Donald Trump, “I hate him passionately,” and Rupert Murdoch saying “I hate our Decision Desk people”—the ones who accurately projected that Joe Biden had beat Trump.

From a corporate HR standpoint, some of the most destabilizing texts show Fox’s most powerful opinion hosts—Carlson, Sean Hannity and Laura Ingraham—dumping on their colleagues on the “news” side. New court filings show the opinion hosts derided numerous Fox reporters by name. “We thought they hated us,” one correspondent said, “but now we know it in their own words.”

For the people caught up in the case, whose private messages are being exposed and ridiculed, the process is “excruciating,” an on-air personality said. However, they have had months to prepare for this moment, since the discovery procedures and depositions ate up much of last year.

A Fox News spokeswoman declined to comment on Vanity Fair’s reporting about the recent legal training classes—or whether stars like Hannity had to participate. But in a statement Tuesday about the new filings, Fox accused Dominion of distorting the truth “in their PR campaign to smear FOX News and trample on free speech and freedom of the press.”

Such official dismissals aren’t shutting down the chatter inside Fox, though employees are cautious about when and where they gossip about the latest cache of private exchanges made public. “We’re very careful when we’re miked up,” said the on-air personality. “And we’re not texting about it.” Half a dozen Fox employees found other ways to share insights for this story. All were granted anonymity because they would never be allowed to address such a sensitive subject on the record. Even the network’s own media analyst, Howard Kurtz, has been muzzled: He disclosed on February 27 that “the company has decided that as part of the organization being sued, I can’t talk about it or write about it, at least for now.”

Again, you can read much more about the internal war at the network at the Vanity Fair link.

There’s also a battle raging between Fox News and Donald Trump.

The Washington Post: Inside the simmering feud between Donald Trump and Fox News.

Donald Trump got a tip-off on Saturday that the Fox News Channel would be taking his Conservative Political Action Conference speech live, a switch from the network’s largely indifferent posture toward the former president since he helped send it into crisis after the 2020 election.

amaryllis-1910, Piet Mondrian

Piet Mondrian, Amaryllis, 1910

Trump decided he could not pass up the opportunity to send a message.

“I hope Fox doesn’t turn off, but we did much better in 2020 than we did in 2016,” he said in an apparent reference to the false election claims that were at the center of many of the network’s controversies, including a $1.6 billion defamation lawsuit against Fox News that has led to a massive release of internal company documents.

It was just another volley in a low-grade war — some of it public, much of it hidden — that has emerged as one of the defining dynamics in the Republican Party as the 2024 presidential campaign gets underway. Trump’s advisers see in Fox News leadership a clear adversary in their march back to the White House and have sought to foster a divide between executives and “the brave and patriotic” opinion hosts with whom he continues to have relationships.

Trump attacked Fox Chairman Rupert Murdoch by name this month, calling him and his executives a “group of MAGA hating Globalist RINOS” who are “aiding & abetting the destruction of America.” Trump’s son, Donald Trump Jr. — noting that he had not been invited on the network in six months — accused Fox News leaders last week of harboring an “America Last, war forever, garbage, fold-to-the-Democrats agenda.” Other allies, such as Stephen K. Bannon, have shredded the network in public.

Documents uncovered by ongoing litigation have also revealed the extent of the ongoing hostility toward Trump from Murdoch and other top executives, both before and after the Jan. 6, 2021, attack on the U.S. Capitol. The Fox News boss emailed a former company executive in early 2021 that the goal was “to make Trump a non person.” Fox News board member Paul D. Ryan, a former Republican House speaker, told another Fox executive around the same time that he had communicated to both Rupert Murdoch and Fox Corp. CEO Lachlan Murdoch that there was a “huge inflection point to keep Trump down and move on.”

Good luck with that. Trump is never going to stop making trouble for all of us until he finally kicks the bucket.

The New York Times: Records Show Fox and G.O.P.’s Shared Quandary: Trump.

“Do we have enough dead people for tonight?”

It was a week after the 2020 elections, and Tucker Carlson — along with Fox News executives and other hosts — had watched with panic as Fox viewers, furious and disbelieving at President Donald J. Trump’s defeat, began to turn against the top-rated network. The viewers believed Mr. Trump’s claims that a widespread conspiracy of voter fraud was behind his loss. And as Mr. Carlson’s nightly 8 p.m. hour approached, the host pushed his producers to give the viewers what they wanted.

He demanded examples of dead people voting in Nevada or Georgia, even offering to call the Trump campaign personally to ask for help. That night, he trumpeted the evidence, borrowed from a Trump campaign news release: Four allegedly dead Georgians had cast ballots. Within days, though, the campaign’s spoon-fed examples began to fall apart. Three of the dead Georgians were actually alive. And Mr. Carlson was forced to partly retract his allegations, while insisting to viewers that “a whole bunch of dead people did vote.”

Alfred_Sisley_The small meadows in spring

Alfred_Sisley, The Small Meadows in Spring

Mr. Carlson’s frantic effort to appease angry Fox viewers, revealed in texts and emails released as part of a $1.6 billion defamation suit against Fox News by Dominion Voting Systems, underscore the central quandary faced both by Fox and the Republican Party in the wake of Mr. Trump’s defeat and still today, as the former president mounts another campaign for the White House.

Like the Republican Party more broadly, Fox wants and needs the support of Trump fans, who both dominate party primaries and form the core of Fox’s viewership. And like the party, Fox has found it difficult to quit Mr. Trump even as his manic efforts to relitigate his defeat have hobbled the party in subsequent elections.

Fox News has been the most trusted and watched source of information for conservative America for decades, and its frequent symbiosis with the Republican Party is well established. But the internal documents released in recent days have provided an unprecedented glimpse into network decision-making as its dual imperatives — to keep its base audience of conservatives satisfied and meet its promise to maintain journalistic standards of fairness and factuality — came into conflict as never before.

This is one of those long, gossipy articles, mostly focusing on Tucker Carlson. Read the rest at the NYT.

For more on Carlson’s struggles, you can also read this piece at Politico by media reporter Jack Shafer: Opinion | The Tucker Carlson Schtick Melts Away. We finally know what the Fox News host really believes.

Also check out this story by Olivia Beavers and Sarah Farris at Politico: McCarthy’s GOP tries to move on from Tucker Carlson-Jan. 6 drama.

Mere hours after Tucker Carlson’s latest segment minimizing the Jan. 6 Capitol attack, House Republicans were eager to change the subject from the Fox News host’s riot revisionism.

While Carlson continued to roil Washington, many GOP lawmakers who gathered Wednesday morning were celebrating their unexpected win on a bill rolling back progressive D.C. crime laws and plotting their response to Thursday’s White House budget.

Carlson didn’t come up at all during House Republicans’ meeting, according to four members in the room who spoke on condition of anonymity. And not a single GOP lawmaker asked about it when given the chance to speak. In fact, some members were privately surprised by the amiability of this week’s first closed-door huddle — generally because there is usually some drama, but particularly since the Fox News segment has publicly reopened painful cross-party fissures over Jan. 6, 2021.

Yet Speaker Kevin McCarthy’s decision to let Carlson access thousands of hours of Capitol footage from the riot has left a lingering cloud over his own leadership team, which was repeatedly pressed about the move as Carlson continues to downplay the violence of the siege by supporters of former President Donald Trump. Senate Republicans heaped criticism Tuesday on Carlson’s portrayal of the riot, led by Minority Leader Mitch McConnell (though few directly dinged McCarthy).

“It seems like some in the press want to talk about Jan 6 every day. So do Democrats. They only want to talk about certain parts of it, though,” House Majority Leader Steve Scalise (R-La.) told reporters during a press conference where every question focused on the Fox News footage.

spring-flowers-1884, Claude Monet

Spring Flowers, 1884, by Claude Monet

Other House Republicans are planning to “investigate” the January 6 Committee investigation. NBC News: Republicans launch an investigation into the Jan. 6 committee that examined the riot.

A Republican-controlled House committee launched an inquiry Wednesday into the Democratic-controlled Jan. 6 committee, which a staff member said will review whether pertinent information about the riot was omitted from the high-profile examination of the attack on the U.S. Capitol.

Many House Republicans were vocal critics since the creation of the Jan. 6 committee, and the inquiry seems to make good on lawmaker campaign trail vows to investigate the investigators.

The House Administration’s subcommittee on oversight will be combing through the massive amount of records collected by the Jan. 6 committee, which was dissolved in January, said the staffer, with the goal of analyzing how the panel conducted the investigation….

The subcommittee — made up of four Republicans and two Democrats — will be looking into roughly two million documents and records, the source said, which the House Administration Committee obtained from the House Rules Committee after the Jan. 6 panel was dissolved.

The subcommittee will be led by Rep. Barry Loudermilk, R-Ga., a Trump ally who had his own run-in with the Jan. 6 committee. The panel accused Loudermilk of giving tours of the Capitol in the days leading up to the riot.

Video footage showed Loudermilk guiding a tour of House office buildings during a time when the complex was closed off to visitors because of pandemic restrictions. Loudermilk has strenuously denied that the group he was leading was using the tour to inspect the facility ahead of the riot.

I suspect this “investigation” will be about as successful as Jim Jordan’s “weaponization of government” subcommittee.

One more January 6 story from Politico’s Alexander Burns: A Startling Document Predicted Jan. 6. Democrats Are Missing Its Other Warnings.

Weeks before the 2020 election, a secret 87-page document outlined in matter-of-fact language the threat posed by Donald Trump’s still-to-come campaign of election denial. The private paper — the existence of which has not been reported before — forecast with chilling confidence the likelihood of violence during the presidential handover and proposed a far-reaching set of political reforms to thwart Trumpism in the future.

Americans remember that dark winter well. But the impetus for structural change has faded, even among Democrats who still privately seethe about the country’s broken political system — and fear an uglier meltdown could come in 2024 or beyond.

Irises and Roses, Vincent Van GoghThe report carried a plain title: Plan D. Reading it, I wondered if the D stood for “doomsday.”

Actually, the letter was not a cipher. Plan D was the fourth of several studies organized by an opaque advocacy group, known as the Hub, to prepare for the depredations of the Trump era. The Hub is known in Washington for its sophisticated dark-money interventions in electoral politics. During the 2020 campaign, it also gathered up strategists, lawyers and activists to draft plans for a different kind of conflict.

The document is an artifact from a dangerous time: Warning that Trump would surely not concede defeat to Joe Biden, it advised Trump’s opponents to “assume the worst” would follow. It urged them to gird for a struggle not only with the president but with “institutions controlled or influenced by the GOP, including the courts.” The document forecast “militia and white supremacist activities through the inauguration — and, very likely, accelerated activity in the early months of a Biden administration.”

Plan D is sobering reading even today. It is a catalog of the defects in America’s electoral process and political culture that made it vulnerable to a rampaging demagogue— defects that some Democrats wanted to fix with drastic measures.

Should Biden lose narrowly, the report said, “layers of illegitimate structures and interventions will have contributed to it.” It closed with a warning against complacency even if Trump were to be defeated.

“A Biden win will not prove that our democracy is healthy,” the document argued, continuing: “Win, lose, or draw, we should perceive ourselves not in a singular moment of crisis but rather in what may be an era of existential challenge for American democracy.”

It’s a long read, and pretty dispiriting.

A few more stories, links only:

The New York Times: Former Army Private Sentenced to 45 Years in Neo-Nazi Plot to Kill Soldiers.

The Washington Post: GOP operative comes forward as accuser in sexual misconduct claim against CPAC head.

NBC News: 6-year-old who shot teacher won’t face charges, prosecutor says.

The Washington Post: The fear and fury of these Florida parents.

That’s it for me today. Have a great Thursday everyone!!


Lazy Caturday Reads: Odds and Ends With Medieval Cats

“Organ cat, prayer book, Bruges or Ghent c. 1480-1490 (Baltimore, Walters Art Museum

“Organ cat, prayer book, Bruges or Ghent c. 1480-1490 (Baltimore, Walters Art Museum

Happy Caturday!!

It has been another busy news week, and today there are some stories that follow up on recent news and others that look further back in time. As we move closer to the midterm elections, things are looking better for Democrats to keep control of the Senate. Of course the fallout continues from the FBI search of Mar-a-Lago. The judge in the case released more information on the search warrant, and there could be more coming.  A court has ordered the DOJ to release a memo related to the Mueller investigation that Bill Barr refused to make public. A Michigan judge made an important decision on abortion laws in the state. Finally, the NYT published a fascinating op-ed by two law professors who argue that the U.S. Constitution is “broken.”

Republican midterm woes

Bob Brigham at Raw Story: It’s Mitch McConnell’s fault ‘bumbling extremists’ are hurting the GOP: report.

On Thursday, Senate GOP Leader Mitch McConnell (R-KY) seemed to admit that the Grand Old Party doesn’t have the highest quality roster of candidates.

“I think there’s probably a greater likelihood the House flips than the Senate,” McConnell said. “Senate races are just different, they’re statewide, candidate quality has a lot to do with the outcome.”

Writing in Vanity Fair, Eric Lutz reported, “He didn’t mention any of those candidates directly, but he almost certainly could have been talking about any of Donald Trump’s handpicked contenders, who earned the former president’s support seemingly for one of two reasons: He knows them from television, or they’re loyalists who have organized their campaigns almost entirely around his 2020 election lies. There’s a lot of crossover there, obviously, but the first camp includes Mehmet Oz, a former TV doctor who apparently believes raw asparagus belongs in a crudité, and Herschel Walker, the former football great whose own campaign staff reportedly regards him as a ‘pathological liar.’” [….]

“Then there’s the second camp of MAGA candidates, which includes the likes of Blake Masters, the Peter Thiel protégé who literally has the backing of some of the Internet’s most well-known white nationalists. (Masters has attempted to distance himself from this community.) One of several extremists on the ballot in Arizona, where election deniers Kari Lake and Mark Finchem are respectively running for governor and secretary of state, Masters is trailing Democrat Mark Kelly by eight points, according to a Fox News poll released this week,” Lutz reported. “None of this to say to say that these bumbling extremists can’t win; if a country is capable of electing Trump president, Georgia is certainly capable of electing a guy like Walker. But McConnell’s apparent sense that this batch of bozos might dash GOP dreams of a Senate majority may be well-founded, even if midterms tend to favor the party that doesn’t control the White House.”

There’s more at the link.

The Washington Post: ‘It’s a rip-off’: GOP spending under fire as Senate hopefuls seek rescue.

Republican Senate hopefuls are getting crushed on airwaves across the country while their national campaign fund is pulling ads and running low on cash — leading some campaign advisers to ask where all the money went and todemand an audit of the committee’s finances, according to Republican strategists involved in the discussions.

cce5dffa09cd07e1392867bc4fe34d0eIn a highly unusual move, the National Republican Senatorial Committee this week canceled bookings worth about $10 million, including in the critical states of Pennsylvania, Wisconsin and Arizona. A spokesman said the NRSC is not abandoning those races but prioritizing ad spots that are shared with campaigns and benefit from discounted rates. Still, the cancellations forfeit cheaper prices that came from booking early, and better budgeting could have covered both.

“The fact that they canceled these reservations was a huge problem — you can’t get them back,” said one Senate Republican strategist, who like others spokes on the condition of anonymity to discuss internal matters. “You can’t win elections if you don’t have money to run ads.”

The NRSC’s retreat came after months of touting record fundraising, topping $173 million so far this election cycle, according to Federal Election Commission disclosures. But the committee has burned through nearly all of it, with the NRSC’s cash on hand dwindling to $28.4 million by the end of June.

As of that month, the committee disclosed spending just $23 million on ads, with more than $21 million going into text messages and more than $12 million to American Express credit cardpayments, whose ultimate purpose isn’t clear from the filings. The committee also spent at least $13 million on consultants, $9 million on debt payments and more than $7.9 million renting mailing lists, campaign finance data show.

Read the rest at the WaPo.

The Mar-a-Lago search

Insider: Newly unsealed documents from the FBI raid on Mar-a-Lago put Trump in even worse legal peril, experts say.

Former President Donald Trump has offered a shifting array of defenses in response to the August 8 FBI search of his Mar-a-Lago resort in Florida, which uncovered a trove of secret documents.

Among them is the claim that he declassified all of the documents while in office under the president’s sweeping powers over national secrets.

But procedural documents unsealed Thursday by federal judge Bruce Reinhart, including the cover sheet of the warrant used in the search, revealed that this defense may not be as effective as Trump hoped, legal experts say.

One implication of the new information is that even if Trump is right about the documents being declassified, he still could have broken the law, Lawrence Tribe, a Harvard constitutional law scholar, tweeted….

eaa24cb69fb7796173a1ea2584132657[The cover sheet] showed that the FBI believes that Trump may be guilty of the willful retention of national defense information, concealment or removal of government records, and obstruction of federal investigation.

Bradley P. Moss, a national security attorney, told Insider that the new documents “clarify but ultimately do not change much” of what we previously knew.

A striking detail, he said, is that the FBI believes Trump has obstructed its probe.

“Clearly, the FBI currently believes Mr. Trump not only took properly marked classified documents to Mar-a-Lago, but he kept them and resisted turning them over when confronted by the government,” Moss said.

NBC News: Trump thinks the Mar-a-Lago search will help him in 2024. Some allies aren’t so sure.

The day after federal agents searched Mar-a-Lago, former President Donald Trump told a group of conservative lawmakers that “being president was hell,” according to three people at the meeting.

But to some he sounded ready to have the job again.

“He was not to be deterred,” said Rep. Randy Weber of Texas, one of a dozen Republican House members who met with Trump on Aug. 9. He described Trump’s state of mind in the immediate aftermath of the search as “pretty miffed, but measured.” 

Everything that’s occurred since that Bedminster, New Jersey, meeting  — and since federal agents seized a trove of top secret and other highly classified documents from his resort — has put Trump exactly where he and his supporters want him to be, according to people close to him. He’s in a fight, squaring off with Washington institutions and a political establishment he says are out to get him, issues he brought up in the meeting with the lawmakers and in conversations with others.

ugly-medieval-cats-art-106-5aafb169b1ec0__700Taken together, it’s reoriented Trump’s thinking about whether he should announce a presidential campaign before or after the midterm elections, according to those who have spoken with him over the past two weeks. They said Trump feels less pressure to announce early because viable challengers who might otherwise force his hand have faded into the background. But there are other reasons to wait.

Trump is now inclined to launch his candidacy after the November elections, in part to avoid blame should an early announcement undermine the GOP’s effort to win control of Congress, said one person close to him, speaking on condition of anonymity to talk more freely.A post-midterm announcement would suit Republican leaders who’ve been urging Trump to hold off so that he doesn’t overshadow the party’s candidates.Michael Caputo, a former Trump campaign and administration official, described Trump’s attitude in recent days after speaking with him, as “business as usual.”

Business as usual for Trump: the possibility of multiple criminal charges and crappy lawyers who have no clue how to defend a criminal.

Judge orders release of Bill Barr’s memo protecting Trump

The Washington Post: Court orders release of DOJ memo on Trump obstruction in Mueller probe.

A federal appeals court has ordered the release of a secret Justice Department memo discussing whether President Donald Trump obstructed the investigation into Russian interference in the 2016 election.

The unanimous panel decision issued Friday echoes that of a lower court judge, Amy Berman Jackson, who last year accused the Justice Department of dishonesty in its justifications for keeping the memo hidden.

The panel of three judges, led by Chief Judge Sri Srinivasan, said that whether or not there was “bad faith,” the government “created a misimpression” and could not stop release under the Freedom of Information Act.

The memo was written by two senior Justice Department officials for then-attorney general William P. Barr, who subsequently told Congress that there was not enough evidence to charge Trump with obstruction of special counsel Robert S. Mueller III’s inquiry. A redacted version was released last year but left under seal the legal and factual analysis.

Department officials argued that the document was protected because it involved internal deliberations over a prosecutorial decision. But the judges agreed with Jackson that both Mueller and Barr had clearly already concluded that a sitting president could not be charged with a crime. The discussion was over how Barr would publicly characterize the obstruction evidence Mueller had assembled, the Justice Department conceded on appeal.

ugly-medieval-cats-art-135-5ab10dfb09a49__700A bit more from Politico: Appeals court backs ruling to release DOJ memo on Trump prosecution.

A federal appeals court ruled Friday that the Justice Department must make public an internal memo senior lawyers there prepared in 2019 about whether then-President Donald Trump’s actions investigated in special counsel Robert Mueller’s probe of ties between the 2016 Trump campaign and Russia amounted to crimes prosecutors would ordinarily charge.

The D.C. Circuit Court of Appeals said the Justice Department failed to meet its legal burden to show that the memo from the department’s Office of Legal Counsel was part of a genuine deliberative process advising then-Attorney General William Barr on how to handle sensitive issues left unresolved when Mueller’s probe concluded in March 2019.

Trump was never charged in Mueller’s probe and the special prosecutor’s final report declined to opine on whether what he did in response to the investigation amounted to a crime.

However, some Trump opponents have called on the Attorney General Merrick Garland to reconsider the issue now that Trump is no longer president. Release of the long-sought DOJ memo could fuel those calls and draw more unwanted attention to Trump’s potential criminal liability at a time when he is besieged by a slew of other legal woes relating to his handling of classified government records, his role in inspiring many of those involved in the Jan. 6 attack on the Capitol and his broader efforts to overturn Joe Biden’s win in the 2020 presidential election.

Abortion in Michigan

Detroit Free Press: Michigan judge issues indefinite ban on criminalizing abortions in key Michigan counties.

A Michigan judge ruled Friday prosecutors in the state’s largest counties are barred from bringing criminal charges for months to come under a state law banning most abortions.

The decision from Oakland County Circuit Court Judge Jacob Cunningham comes after two days of hearings and means every county in Michigan with an abortion clinic is at least temporarily immune from the threat of criminal prosecutions over abortion procedures.

“As currently applied, the court finds (the abortion law) is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” Cunningham said.

ugly-medieval-cats-art-115-5aafbd8c8ffe9__700“The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”

At times, Cunningham seemed to ridicule arguments from conservative prosecutors seeking to enforce the 1931 abortion law. He said prosecutors would suffer zero harm from not having the ability to prosecute abortion providers.

Going much further, he told these prosecutors to instead focus their efforts elsewhere.

“The court suggests county prosecutors focus their attention and resources … to investigation and prosecution of criminal sexual conduct, homicide, arson, child and elder abuse, animal cruelty and other violent and horrific crimes that we see in our society,” Cunningham said.

Is the Constitution broken?

Ryan D. Doerfler and The Constitution Is Broken and Should Not Be Reclaimed. You’ll need to go to the NYT link if you’re interested, because it’s very long. The main idea is that the Constitution is dated and favors conservatives; liberals need to change their thinking about “constitutionalism.”

When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the Constitution wrong. But struggling over the Constitution has proved a dead end. The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.

The idea of constitutionalism is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day. Our Constitution’s guarantee of two senators to each state is an example. And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed, national constitutions have been associated with some set of basic freedoms and values that transient majorities might otherwise trample.

1_0eG0UKcj-KC4U0eU2YFNeABut constitutions — especially the broken one we have now — inevitably orient us to the past and misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now. This aids the right, which insists on sticking with what it claims to be the original meaning of the past.

Arming for war over the Constitution concedes in advance that the left must translate its politics into something consistent with the past. But liberals have been attempting to reclaim the Constitution for 50 years — with agonizingly little to show for it. It’s time for them to radically alter the basic rules of the game.

In making calls to regain ownership of our founding charter, progressives have disagreed about strategy and tactics more than about this crucial goal. Proposals to increase the number of justices, strip the Supreme Court’s jurisdiction to invalidate federal law or otherwise soften the blow of judicial review frequently come together with the assurance that the problem is not the Constitution; only the Supreme Court’s hijacking of it is. And even when progressives concede that the Constitution is at the root of our situation, typically the call is for some new constitutionalism.

If that whets your appetite for me, click the link and read the rest.

Those are today’s main political stories as I see it. Maybe we’ll have some time to take a breath before more shocking news breaks. I can use a quite weekend and I wish you the same.


Lazy Caturday Reads

Liquid Cat, photo by Karen Slagle

Liquid Cat, photo by Karen Slagle

Happy Caturday!!

My stress level is sky high lately. If only I could relax like a cat, blissfully unaware of the daily shocks we humans have to deal with these days. At least it’s the weekend, so maybe we’ll get a break–or maybe even some good news? Here’s the latest:

The Guardian: Demonstrators across the US protest expected reversal of Roe v Wade.

With the US supreme court apparently poised to overturn the 1973 landmark decision which made abortion legal, hundreds of thousands of people across America are planning to take to the streets to protest the looming decision.

A coalition of groups such as Planned ParenthoodUltraVioletMoveOn and the Women’s March are organizing Saturday’s demonstrations, whose rallying cry is “Bans Off Our Bodies”. More than 370 protests are planned, including in Washington DC, New York, Los Angeles and Chicago….

The “Bans Off Our Bodies” gatherings will take place three days after Democrats in the US Senate on Wednesday made a largely symbolic effort to advance legislation that would codify the right to an abortion into federal law. All 50 Republicans and one conservative-aligned Democrat – West Virginia’s Joe Manchin – voted against the measure, leaving it well short of the 60 votes necessary for it to advance.

Also from The Guardian: Protesters rally outside US supreme court justices’ homes ahead of pro-choice marches.

Pro-choice demonstrators continue to turn up outside the homes of supreme court justices, with the latest target being conservative Amy Coney Barrett, who signed on to a majority draft opinion that was leaked to reveal an intention to overturn the constitutional right to seek an abortion in the US.

f98f3f2f0a7f126cf8c3e9070096f64e“The right to your own body – to do what you want with your own body – is the most personal freedom you can have,” one protester said from among a group wearing long red “handmaid” capes and white bonnets earlier this week to symbolize forced childbearing, as members of the Virginia state police watched nearby….

Several organizations, led by Planned Parenthood and the Women’s March, are preparing for a nationwide day of pro-choice marches on Saturday….

Protesters have so far gathered outside the residences in the Washington DC area of Samuel Alito, who wrote the scorching draft opinion, and Brett Kavanaugh, as well as Barrett and the chief justice, John Roberts, who did not sign on to the draft opinion, unlike the other three and Justices Clarence Thomas and Neil Gorsuch.

Yesterday, British medical journal The Lancet released a scathing editorial warning the U.S. Supreme Court that if they overturn Roe v. Wade, they will have women’s “blood on their hands.”

The Lancet: Why Roe v. Wade Must Be Defended.

“Abortion presents a profound moral issue on which Americans hold sharply conflicting views.” So begins a draft opinion by Associate Justice Samuel Alito, leaked from the US Supreme Court on May 2, 2022. If confirmed, this judgement would overrule the Court’s past decisions to establish the right to access abortion. In Alito’s words, “the authority to regulate abortion must be returned to the people and their elected representatives”. The Court’s opinion rests on a strictly historical interpretation of the US Constitution: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” His extraordinary text repeatedly equates abortion with murder.

The Due Process clause of the 14th Amendment to the Constitution has been the main foundation underpinning the right of American women to an abortion. That 1868 Amendment was passed during the period of American Reconstruction, when states’ powers were being subjected to certain limitations. The goal of the Amendment was to prevent states from unduly restricting the freedoms of their citizens. That guarantee of personal liberty, so the Supreme Court had previously held, extended to pregnant women, with qualifications, who decided to seek an abortion. Alito rejected that reasoning. He argued that for any right not mentioned in the Constitution to be protected, it must be shown to have had deep roots in the nation’s history and tradition. Abortion does not fulfil that test. Worse, Roe was an exercise in “raw judicial power”, it “short-circuited the democratic process”, and it was “egregiously wrong” from the very beginning. It was now time, according to Alito, “to set the record straight”.

6a00d8341c630a53ef0133f4fe6739970b-600wiWhat is so shocking, inhuman, and irrational about this draft opinion is that the Court is basing its decision on an 18th century document ignorant of 21st century realities for women. History and tradition can be respected, but they must only be partial guides. The law should be able to adapt to new and previously unanticipated challenges and predicaments. Although Alito gives an exhaustive legal history of abortion, he utterly fails to consider the health of women today who seek abortion. Unintended pregnancy and abortion are universal phenomena. Worldwide, around 120 million unintended pregnancies occur annually. Of these, three-fifths end in abortion. And of these, some 55% are estimated to be safe—that is, completed using a medically recommended method and performed by a trained provider. This leaves 33 million women undergoing unsafe abortions, their lives put at risk because laws restrict access to safe abortion services.

Read the rest at the link.

At The Washington Post, Dana Millbank writes: Roe’s impending reversal is a 9/11 attack on America’s social fabric.

Washington’s reaction to the leaked Supreme Court draft opinion overturning Roe v. Wade has been typically myopic.

Republicans first tried to make people believe that the issue wasn’t the opinion itself but the leak. Now they’re absurdly trying to portray Democrats as supporters of infanticide. Democrats, in turn, squabbled among themselves before a show vote on a doomed abortion rights bill. And the news media have reverted to our usual horse-race speculation about how it will affect the midterms.

This small-bore response misses the radical change to society that Justice Samuel Alito and his co-conspirators are poised to ram down the throats of Americans. Their stunning action might well change the course of the midterms — but more importantly, it is upending who we are as a people.

Assuming little changes from the draft, overturning Roe would be a shock to our way of life, the social equivalent of the 9/11 attacks (which shattered our sense of physical security) or the crash of 2008 (which undid our sense of financial security). As epoch-making decisions go, this is Brown v. Board of Education, but in reverse: taking away an entrenched right Americans have relied upon for half a century. We remember Brown because it changed us forever, not because it altered the 1954 midterms.

Read more at the WaPo.

Clarence Thomas, husband of Ginni Thomas, who supported a coup against the U.S. government, is still whining about the SCOTUS link, which most likely came from a right wing source. Adam Liptak at The New York Times: Justice Thomas Says Leaked Opinion Destroyed Trust at the Supreme Court.

6a00d8341c630a53ef0133f4feaa48970b-600wiThe leak of a draft opinion has done irreparable damage to the Supreme Court, Justice Clarence Thomas said at a conference in Dallas on Friday night, adding that it had destroyed trust among its members.

“What happened at the court is tremendously bad,” Justice Thomas said. “I wonder how long we’re going to have these institutions at the rate we’re undermining them.”

The leak of the opinion, which would overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion, was “like kind of an infidelity,” Justice Thomas said.

“Look where we are, where that trust or that belief is gone forever,” he said. “And when you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”

Tough shit. My trust in SCOTUS was gone after Thomas was confirmed by lying about his sexual harassment of Anita HIll.

I won’t quote from this one, but if you want to read an argument by a constitutional scholar who is a Democrat who supports abortion rights but opposes Roe, check out this article at The Wall Street Journal by Akhil Reed Amar: The End of Roe v. Wade. I found it interesting but not that helpful for women who are facing a disastrous and traumatic future around pregnancy and childbirth. The article wasn’t behind the paywall when I opened it.

In other news, Republican Senators refused to visit Ukraine with Democrats, but then they organized their own trip. Please note that one of their GOP colleagues, Rand Paul, is currently blocking a bill to provide more aid to help Ukraine defend itself against Russia. The New York Times: McConnell and other Republican senators make a secret visit to Ukraine.

Senator Mitch McConnell of Kentucky, the minority leader, visited Ukraine on Saturday to meet with President Volodymyr Zelensky, leading the latest delegation of American lawmakers to the country as the United States deepens its commitment to Kyiv’s fight against the Russian invasion.

6a00d8341c630a53ef0133f4f00414970b-600wiThe surprise visit by Mr. McConnell, who was accompanied by three other Republican senators, comes as the Senate is working to pass a $40 billion emergency military and humanitarian aid package for Ukraine. It follows a string of other clandestine visits, including by the first lady, Jill Biden, and Speaker Nancy Pelosi….

“Helping Ukraine is not an instance of mere philanthropy — it bears directly on America’s national security and vital interests that Russia’s naked aggression not succeed and carries significant costs,” Mr. McConnell said this week. “If Ukraine fails to repel Russian aggression, there is no question that the threat to American and European security will grow.”

The trip was disclosed by Mr. Zelensky’s office. Details were not yet available from the lawmakers.

Mr. McConnell was joined by Senators John Barrasso of Wyoming, a member of his leadership team and the Foreign Relations Committee; John Cornyn of Texas, a member of the Intelligence Committee; and Susan Collins of Maine, who sits on both the Intelligence Committee and the Appropriations Committee, which oversees government funding.

In the photos I’ve seen, Zelensky doesn’t look as happy as he did when Jill Biden and Nancy Pelosi visited him.

The New York Times’s Luke Broadwater and Emily Cochrane on the subpoenas of members of Congress by the January 6th committee: Subpoenas for Republicans Raise New Questions for Jan. 6 Panel.

The decision by the House committee investigating the Jan. 6 attack on the Capitol to issue subpoenas to five Republican members of Congress, including Representative Kevin McCarthy, the minority leader, has sent a shock wave through Capitol Hill, heightening tensions in an already hostile environment and raising questions about the future of the inquiry and the institution itself.

The move by the Democratic-led panel set up a showdown with Republicans that could result in the threat of jail time against sitting members of Congress — including Mr. McCarthy, who is in line to be speaker if his party wins control of the House in November. It also had major implications for the investigation, and whether the country will ever get full answers about the deadly mob attack on the Capitol on Jan. 6, 2021, that disrupted the peaceful transfer of power and left more than 150 police officers injured.

Some Democrats immediately began clamoring for Mr. McCarthy and other lawmakers to be held in criminal contempt if they fail to appear at their scheduled depositions in late May, while Republicans warned of retaliation if they take control of the House after the midterm elections.

“I wouldn’t be for it, but turnabout is fair play,” Representative Thomas Massie, Republican of Kentucky, said of retaliatory subpoenas. He called the Jan. 6 committee’s subpoenas a “horrible precedent for the institution,” adding: “It’s a race to the bottom.”

88cba75816c3e74906a3af2d2eb71db4I’d say the refusal of Republicans and Trump associates to honor Congressional subpoenas looks bad for Republicans, especially if they try to investigate Democrats in the future; but for the NYT, it’s always about how everything that happens is bad for Democrats.

Meanwhile at Axios: More bombshells for Jan. 6 committee before June hearings.

The Jan. 6 committee may seek testimony from additional lawmakers as soon as next week, ahead of blockbuster TV hearings that kick off next month, Axios has learned.

Driving the news: Chiefs of staff and other aides to members of the House select committee were told Friday on their weekly call with committee staff to brace for more bombshells ahead of the June 9 start to public hearings, according to two sources on the call….

The big picture: The committee created a major stir with post-election implications when on Thursday it issued subpoenas to five House Republicans, including two of the GOP’s top brass — House Minority Leader Kevin McCarthy (R-Calif.) and the Judiciary Committee’s ranking member Jim Jordan (R-Ohio).

  — Members haven’t said how they would enforce those subpoenas.

  — Rep. Jamie Raskin (D-Md.), a member of the committee, told Axios on Thursday that “the fact-gathering process will continue through the hearings.”

What we’re hearing: A U.S. Capitol Police security briefing for members and their chiefs of staff, to prepare for the June hearings, is scheduled for May 20.

That’s what’s happening so far today, as I see it. What’s on your mind?


Lazy Caturday Reads

lightning_cloud_by_chiakiro_dea7odg-pre

Lightning Cloud, by Chiakiro

Good Afternoon!!

Politico “Playbook” has a good brief summary of where things stand right now with the January 6 Committee investigation: The Jan. 6 committee drama gets serious. (I’ve added a few links to longer articles.)

JAN. 6 INVESTIGATION STEAMROLLS FORWARD — Over the last 24 hours, we’ve seen major developments in the ongoing investigation into the pro-Trump Jan. 6 riots that sought to overthrow democracy in America.

1) Executive privilege waived: “President JOE BIDEN will not invoke executive privilege to shield an initial set of records from DONALD TRUMP’s White House that’s being sought by congressional investigators probing the Jan. 6 Capitol attack,” report Nicholas Wu, Kyle Cheney, Betsy Woodruff Swan and Meridith McGraw.

— What comes next: Trump has 30 days to challenge the decision in court, after which time, the National Archives will release the documents to the Jan. 6 panel. The former president is already asserting privilege over 45 specific documents requested from the committee, and indicated in a letter that he wants to bar the release of additional documents “potentially numbering in the millions.”

2) Committee subpoenas hit deadlines: The first wave of high-profile subpoenas from the Jan. 6 committee have been served, and not all of the subjects are cooperating, as Nicholas, Kyle, Betsy and Meridith detail:

  • STEVE BANNON claims that Trump’s invocation of executive privilege means that he doesn’t have to participate. (That strikes legal experts as dubious, seeing as at the time of the 2020 election, Bannon hadn’t worked in the White House for several years.)
  • MARK MEADOWS is “engaging with the Select Committee,” per a statement from the panel.
  • KASH PATEL issued a statement Friday confirming that he “responded to the subpoena in a timely manner” and is engaging with the committee.
  • DAN SCAVINO was officially served with his subpoena on Friday.

— What comes next: In a statement from Jan. 6 Committee Chair BENNIE THOMPSON (D-Miss.) and Vice Chair LIZ CHENEY (R-Wyo.), the panel said it “will not allow any witness to defy a lawful subpoena or attempt to run out the clock, and we will swiftly consider advancing a criminal contempt of Congress referral.” If they’re serious, a criminal referral would require a full floor vote in the House.More from NYT’s Maggie Haberman and Luke Broadwater

— Something to watch:“Congress’ Jan. 6 investigators face an inevitable reckoning with their GOP colleagues,”by Kyle Cheney and Olivia Beavers

Ophelia Redpath, 1965

By Ophelia Redpath, 1965

Also from Politico: Capitol Police whistleblower delivers scathing rebuke to two of its senior leaders on Jan. 6, by Daniel Lippman and Betsy Woodruff Swan.

A former high-ranking Capitol Police official with knowledge of the department’s response to the Jan. 6 attack has sent congressional leaders a scathing letter accusing two of its senior leaders of mishandling intelligence and failing to respond properly during the riot.

The whistleblower, who requested anonymity for privacy reasons and left the force months after the attack, sent the 16-page letter late last month to the top members of both parties in the House and Senate. His missive makes scorching allegations against Sean Gallagher, the Capitol Police’s acting chief of uniformed operations, and Yogananda Pittman, its assistant chief of police for protective and intelligence operations — who also served as its former acting chief.

The whistleblower accuses Gallagher and Pittman of deliberately choosing not to help officers under attack on Jan. 6 and alleges that Pittman lied to Congress about an intelligence report Capitol Police received before that day’s riot. After a lengthy career in the department, the whistleblower was a senior official on duty on Jan. 6.

The whistleblower’s criticism went beyond Capitol Police leaders to Congress. Without naming specific lawmakers, his letter accuses congressional leaders of having “purposefully failed” to tell the truth about the department’s failures.

POLITICO obtained the letter detailing the allegations, which is circulating among Capitol Police officers, and is publishing portions of it here. To protect the whistleblower’s identity, POLITICO is not publishing the letter in full.

Click the Politico link to read the rest.

Evelina Oliveira

By Evelina Oliveira

This morning the Washington Post Editorial Board posted this in response to the Senate Judiciary Committee’s report on Trump’s efforts to overturn the 2020 election at a meeting three days before the January 6 attack on the Capitol: Opinion: Without these changes, U.S. democracy will remain vulnerable to Trump and other bad actors.

The Senate report details how Mr. Trump tried persistently to enlist the Justice Department in his scheme to overturn the 2020 election results. His pressure campaign, after Attorney General William P. Barr resigned in December, featured calls and meetings with Mr. Rosen and other top Justice Department staff. It continued as Mr. Trump sent them a preposterous petition he wanted them to file with the Supreme Court asking the justices to void Joe Biden’s victory. It reached its zenith in a cockamamie plot to force Mr. Rosen to pressure state governments to cook the results or be replaced by Jeffrey Clark, a lower-ranking Justice official who would go along with the scheme.

Mr. Trump failed because Mr. Rosen and other officials in key positions refused to cooperate and threatened to resign. But they could not stop Mr. Trump from forcing the resignation of the U.S. attorney in Atlanta and replacing him with a lawyer the then-president thought would pursue the fraud investigations he wanted to see.

The editors argue:

The seriousness of Mr. Trump’s effort to nullify an election, his continuing lies about the results and the willingness of so many Republicans to indulge those lies call for several responses.

The investigations must continue. The House’s Jan. 6 committee should compel Mr. Clark, who did not cooperate with the Senate Judiciary panel, to testify. The House and the Justice Department must enforce the committee’s subpoenas, which several Trump confidantes appear prepared to flout on the former president’s say-so. The National Archives should turn over documents immediately. If courts are involved, judges must act with urgency….

Most urgently, Congress must reinforce elements of the nation’s democratic infrastructure vulnerable to exploitation by bad actors such as Mr. Trump. It should revamp the ancient Electoral Count Act to limit partisan interference in presidential vote tallying, and it should impose federal election standards that insulate state election officials from political pressure.

The Committee needs to get right to work on enforcing the subpoenas and Steve Bannon should immediately be arrested and jailed. I hope they do something quickly, but I’m not holding my breath.

After he backed down and allowed a vote to avert a U.S. default and a global financial crisis, Mitch McConnell is now threatening to let it happen in December. His excuse is that Chuck Schumer made an
“inappropriate” speech after the vote. Here’s the speech:

Behind Schumer, you can also see Joe Manchin having a hissy fit over the speech. He agrees with his pal McConnell, apparently.

The Guardian: Schumer ‘poisoned well’ over debt limit, McConnell says in insult-laden letter.

Mitch McConnell, the Republican leader in the Senate, sought to fight his way out of a corner on Friday by releasing an angry letter in which he blamed Democrats for the impasse over the debt ceiling he broke by ending a refusal to co-operate he had said was absolute.

In the letter to Joe Biden, McConnell complained about a speech in which the Democratic majority leader, Chuck Schumer, attacked Republicans for their behaviour.

Lamenting Schumer’s lack of civility – which prompted angry scenes in the Senate – McConnell levelled a string of insults at his opposite number.

paradise-cat-hans-ruettimann

Paradise Cat, by Hans Ruettimann

“Last night,” the minority leader wrote, late on Friday, “in a bizarre spectacle, Senator Schumer exploded in a rant that was so partisan, angry and corrosive that even Democratic senators were visibly embarrassed by him and for him.

“This tantrum encapsulated and escalated a pattern of angry incompetence from Senator Schumer … this childish behavior only further alienated the Republican members who helped facilitate this short-term patch. It has poisoned the well even further.”

Democrats argue it was McConnell who poisoned the well by refusing to co-operate with raising the debt limit, a step they took repeatedly with Donald Trump in power. Experts say a US default would be catastrophic for the global economy.

McConnell insisted: “In light of Senator Schumer’s hysterics and my grave concerns about the ways that another vast, reckless, partisan spending bill would hurt Americans and help China, I will not be a party to any future effort to mitigate the consequences of Democratic mismanagement.”

Suddenly being partisan is a bad thing because a Democrat did it? Talk about the pot calling the kettle black.

Finally, a little comic relief: it appears that the Q-Anon nuts have turned on Michael Flynn. Will Sommer at The Daily Beast: Michael Flynn to QAnon Believers: I’m Not a Satanist!

Former Trump National Security Adviser Michael Flynn has been on a relentless media tour since his pardon last year, sitting for interviews with even the most obscure right-wing media outlets to promote the MAGA agenda.

But on Tuesday, Flynn appeared on a little-known YouTube channel called Truth Unveiled TV for a very different reason: rebutting the idea that he led a church congregation in a Satanic ritual borrowed from a nuclear doomsday cult.

In a video entitled “Some Have Said That General Flynn Prayed to Satan in a Recent Prayer,” host Paul Oebel gave Flynn a chance to rebut the growing right-wing controversy alleging he’s signed on with Lucifer.

Steampunk cat lady, by Jeff Haynie

Steampunk cat lady, by Jeff Haynie

“I even saw a show the other day saying ‘Michael’s flipped on the side of the devil,’” Oebel said. “Can you please explain what happened there?”

“All of these people that talk about turning to whatever…” Flynn said. “People need to stop overthinking what everybody is saying.”

The bizarre YouTube interview marked Flynn’s latest attempt in a weeks-long campaign to convince his one-time fans in the QAnon conspiracy theory movement that he isn’t a Satanist.

Prior to the unusual controversy, Flynn had embraced his position as a hero to supporters of QAnon, taking a QAnon oathraising money from QAnon believers, and selling QAnon T-shirts. In May, Flynn even appeared at a QAnon conference and endorsed the idea of a military coup.

But QAnon fame is a fickle thing. After promoting QAnon for more than a year, Flynn now finds himself on the business end of the conspiracy theory. Like QAnon targets before him, Flynn is now struggling to persuade angry QAnon believers that he isn’t a secret Satan-worshipper.

Read the rest at The Daily Beast.

That’s all I have for you today. Have a great weekend!


Thursday Reads: McConnell Blinks; New Report on Trump Coup Attempt

Armin Glatter, Reading Girl, Hungarian, 1861-1916

Armin Glatter, Reading Girl, Hungarian, 1861-1916

Good Morning!!

Yesterday Mitch McConnell backed down and offered the Democrats a short-term agreement on raising the debt ceiling. This morning AP reports: Schumer: Agreement reached on short-term debt ceiling fix.

Senate Majority Leader Chuck Schumer said Thursday an agreement has been reached with Republicans to extend the government’s borrowing authority into December, temporarily averting a debt crisis.

“We’ve reached agreement,” Schumer announced as he opened the Senate. “Our hope is to get this done as soon as today.”

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

WASHINGTON (AP) — Republican and Democratic leaders edged back from a perilous standoff over lifting the nation’s borrowing cap, with Democratic senators signaling they were receptive to an offer from Senate GOP leader Mitch McConnell that would allow an emergency extension into December.

McConnell made the offer late Wednesday shortly before Republicans were prepared to block legislation to suspend the debt limit until December of next year and as President Joe Biden and business leaders ramped up their concerns that an unprecedented federal default would disrupt government payments to millions of people and throw the nation into recession.

The emerging agreement sets the stage for a sequel of sorts in December, when Congress will again face pressing deadlines to fund the government and raise the debt limit before heading home for the holidays.

A procedural vote — on the longer extension the Republicans were going to block — was abruptly delayed late Wednesday and the Senate recessed so lawmakers could discuss next steps. Democrats emerged from their meeting more optimistic that a crisis would be averted.

Politico speculates that McConnell gave in because he feared the Democrats would finally decide to get rid of the filibuster.

McConnell backed down after Democratic threats of nuking the filibuster for the debt ceiling started to become more real. At their Tuesday lunch, Democratic senators discussed how McConnell’s blockade on the debt ceiling was boosting the case of filibuster reformers. Later that day, Biden, generally a skeptic of filibuster reform, said such a change for the debt ceiling was now a “real possibility.”

George Cochran Lambdin, Girl Reading

George Cochran Lambdin, Girl Reading

McConnell took notice. Our friend Manu Raju at CNN reported, “McConnell told his colleagues he’s concerned about pressure on [JOE] MANCHIN and [KYRSTEN] SINEMA to gut [the] filibuster in order to raise [the] debt ceiling, I’m told. He pointed to this as reason why he is floating short-term increase in order to ease pressure on and push Democrats to use reconciliation.”

McConnell himself alluded to how filibuster reform was the key issue at play. “It’s not clear whether the Democratic leaders have wasted two-and-a-half months because they simply cannot govern, or whether they are intentionally playing Russian roulette with the economy to try to bully their own members into going back on their word and wrecking the Senate,” he said on the Senate floor.

The minority leader seemed skittish enough about where filibuster reform fever was headed in the Democratic caucus that he vetted his compromise plan with Manchin and Sinema, report Burgess Everett, Marianne LeVine and Anthony Adragna.

Democratic supporters of filibuster reform have taken note of how the issue seems to have moved McConnell. “The filibuster is McConnell’s instrument of obstruction,” one Democratic senator told Playbook. “He wants to protect that at all costs. He was at real risk of overplaying his hand as he faced the growing prospect that we would have 51 votes to waive it for the purpose of dealing with debt. He wanted to avoid creating that precedent. Still, would have been better for us to just do it.”

Jennifer Rubin has a good column on McConnell’s possible motivations at The Washington Post: Opinion: Mitch McConnell ‘blinked’ on the debt ceiling. Here’s what that means.

Besides the debt ceiling mess, the biggest story this morning is a report issued by the Senate Judiciary Committee on Trump’s plans to attempt a coup after he lost the 2020 election.

Katie Benner at The New York Times: Report Cites New Details of Trump Pressure on Justice Dept. Over Election.

Even by the standards of President Donald J. Trump, it was an extraordinary Oval Office showdown. On the agenda was Mr. Trump’s desire to install a loyalist as acting attorney general to carry out his demands for more aggressive investigations into his unfounded claims of election fraud.

Young Mother in the Garden, Mary Cassatt

Young Mother in the Garden, Mary Cassatt

On the other side during that meeting on the evening of Jan. 3 were the top leaders of the Justice Department, who warned Mr. Trump that they and other senior officials would resign en masse if he followed through. They received immediate support from another key participant: Pat A. Cipollone, the White House counsel. According to others at the meeting, Mr. Cipollone indicated that he and his top deputy, Patrick F. Philbin, would also step down if Mr. Trump acted on his plan.

Mr. Trump’s proposed plan, Mr. Cipollone argued, would be a “murder-suicide pact,” one participant recalled. Only near the end of the nearly three-hour meeting did Mr. Trump relent and agree to drop his threat.

Mr. Cipollone’s stand that night is among the new details contained in a lengthy interim report prepared by the Senate Judiciary Committee about Mr. Trump’s efforts to pressure the Justice Department to do his bidding in the chaotic final weeks of his presidency.

More details on the report:

The report draws on documents, emails and testimony from three top Justice Department officials, including the acting attorney general for Mr. Trump’s last month in office, Jeffrey A. Rosen; the acting deputy attorney general, Richard P. Donoghue, and Byung J. Pak, who until early January was U.S. attorney in Atlanta. It provides the most complete account yet of Mr. Trump’s efforts to push the department to validate election fraud claims that had been disproved by the F.B.I. and state investigators.

The interim report, released publicly on Thursday, describes how Justice Department officials scrambled to stave off a series of events during a period when Mr. Trump was getting advice about blocking certification of the election from a lawyer he had first seen on television and the president’s actions were so unsettling that his top general and the House speaker discussed the nuclear chain of command.

“This report shows the American people just how close we came to a constitutional crisis,” Richard J. Durbin, Democrat of Illinois and chair of the Senate Judiciary Committee, said in a statement. “Thanks to a number of upstanding Americans in the Department of Justice, Donald Trump was unable to bend the department to his will. But it was not due to a lack of effort.”

Mr. Durbin said that he believes the former president, who remains a front-runner for the Republican nomination in 2024, would have “shredded the Constitution to stay in power.”

The Washington Post: Senate report gives new details of Trump efforts to use Justice Dept. to overturn election.

On Jan. 3, then-acting attorney general Jeffrey Rosen, his deputy Richard Donoghue, and a few other administration officials met in the Oval Office for what all expected to be a final confrontation on Trump’s plan to replace Rosen with Jeffrey Clark, a little-known Justice Department official who had indicated he would publicly pursue Trump’s false claims of mass voter fraud.

Alabaster, Vera, 1889-1964; Girl Reading

Vera Alabaster, 1889-1964; Girl Reading

According to testimony Rosen gave to the committee, Trump opened the meeting by saying, “One thing we know is you, Rosen, aren’t going to do anything to overturn the election.”

For three hours, the officials then debated Trump’s plan, and the insistence by Rosen and others that they would resign rather than go along with it.

The Senate report says that the top White House lawyer, Pat Cipollone, and his deputy also said they would quit if Trump went through with his plan.

During the meeting, Donoghue and another Justice Department official made clear that all of the Justice Department’s assistant attorneys general “would resign if Trump replaced Rosen with Clark,” the report says. “Donoghue added that the mass resignations likely would not end there, and that U.S. Attorneys and and other DOJ officials might also resign en masse.”

A key issue in the meeting was a letter that Clark and Trump wanted the Justice Department to send to Georgia officials warning of “irregularities” in voting and suggesting the state legislature get involved. Clark thought the letter should also be sent to officials in other states where Trump supporters were contesting winning Biden vote totals, the report said.ther DOJ officials might also resign en masse.”

Rosen and Donoghue had refused to send such a letter, infuriating Trump. According to the report, the president thought that if he installed Clark as the new attorney general, the letter would go out and fuel his bid to toss out Biden victories in a handful of states.

Two more interesting articles about the Senate report:

CNN: Senate Judiciary Committee issues sweeping report detailing how Trump and a top DOJ lawyer attempted to overturn 2020 election.

Politico: Senate Judiciary probe of Trump’s 2020 machinations zeroes in on Pennsylvania House Republican.

Also breaking this morning, Politico’s Betsy Woodruff Swan reports: ‘The intelligence was there’: Law enforcement warnings abounded in the runup to Jan. 6.

On Dec. 24, a private intelligence company that works with law enforcement issued a grave warning: Users of a pro-Trump internet forum were talking about turning violent on Jan. 6.

“[A] supposedly violent insurrection by [Trump’s] supporters has ‘always been the plan,’” read a briefing by that company, SITE Intelligence Group. SITE sent this bulletin and others to its numerous subscribers, including U.S. federal law enforcement.

Woman Reading by Jean Leon Henri Gouweloos

Woman Reading by Jean Leon Henri Gouweloos

That briefing is among a host of previously unreported documents that circulated among law enforcement officials in the weeks before Jan. 6 — laying out, some with jarring specificity, the threats that culminated in the attack on the Capitol. They showed just how much of a danger far-right extremists posed to federal buildings and lawmakers. And they bolster the argument that Jan. 6 was not an intelligence failure.

“A potpourri of communities overtly strategized to storm the Capitol building and arrest — if not outright kill — public officials and carry out a coup,” said Rita Katz, the founder and executive director of SITE, which supplied many of the most detailed and specific warnings ahead of Jan. 6She said Jan. 6 represented the most “profound failure to act” she has ever seen in decades of sharing intelligence with the U.S. government.

“Law enforcement officials were alerting their superiors and other agencies to the threats SITE had identified—many of which ended up manifesting that day, just as they were written,” she said. “These warnings were distributed by the FBI and other agencies well before January 6.”

The new documents come from a variety of sources in addition to SITE, including an industry group that tracks threats to rail transportation, the New York City Police Department, a state-government intelligence-sharing hub and the FBI itself. SITE shared its briefings with POLITICO. Property of the People, a transparency watchdog group focused on national security, obtained the other documents through open-records requests.

The documents mirror a flood of public warnings about the gathering danger posed by the outer fringes of the Trump movement in the months leading up to Jan. 6. The congressional select committee probing the attack is scrutinizing the failure of law enforcement to protect the Capitol that day.

There’s much more at the Politico link.

Have a great Thursday, Sky Dancers!!