Thursday Reads: The Wheels of Justice

lady-justice-sepia-laura-pierre-louis

Lady Justice, by Laura Pierre Louis

Good Day, Sky Dancers!!

“The wheels of justice turn slowly, but grind exceedingly fine.” No one knows the source for this quote–one candidates is Sun Tzu and another is Sextus Empricus. But it looks like that is what is happening now in the many legal investigations of Donald Trump. Frankly, I’ve let go of frustration over how slowly the wheels are turning, because I believe there is progress being made. I’m not convinced Trump will ever go to prison, but I think he will finally pay a price for his crimes against our country. Here’s the latest:

Donald J. Trump is set to be questioned under oath on Thursday in a civil fraud lawsuit brought by New York Attorney General Letitia James, the latest in a series of legal predicaments entangling the former president, who also faces a separate 34-count criminal indictment unsealed last week.

Ms. James’s civil case, which was filed in September and is expected to go to trial later this year, accuses Mr. Trump, his family business and three of his children of a “staggering” fraud for overvaluing the former president’s assets by billions of dollars. The lawsuit seeks $250 million that it contends they reaped through those deceptions, made in Mr. Trump’s annual financial statements — and asks a judge to essentially run him out of business in the state if he is found liable at trial.

Ms. James’s office plans to question Mr. Trump as part of the discovery phase of the case, in preparation for the trial.

The former president, who spent the night at his Manhattan residence in Trump Tower, arrived at the attorney general’s office shortly before 10 a.m. As a crowd chanted “New York hates you,” Mr. Trump’s motorcade drove into the parking garage underneath the office building at 28 Liberty Street….

This is the second time that lawyers for Ms. James, a Democrat, are questioning Mr. Trump under oath: He also sat for a deposition in the summer of 2022, shortly before the attorney general filed her lawsuit. During that deposition, Mr. Trump lashed out at Ms. James, accusing her of being motivated by politics and then invoking his Fifth Amendment right against self-incrimination hundreds of times over the course of four hours.

Depositions are held in private, so the specifics of his testimony will not be immediately known. But as of Wednesday evening, Mr. Trump was not expected to assert his Fifth Amendment right, people familiar with his thinking said.

Because he was in the White House or on the campaign trail for several years — and no longer running his company — Mr. Trump might try to avoid providing direct answers to Ms. James’s questions, instead giving insubstantial responses. He might say, for example, that he does not recall a particular incident or was not present for it. He could also claim that he delegated the valuation of his assets to employees.

Trump vented his anger and frustration in ugly, deranged posts on his Twitter clone, Truth Social. Examples:

 

This man belongs in a rubber room!

Special Counsel Jack Smith is moving rapidly in his January 6 and stolen documents investigations. The Washington Post reports that Smith is looking into Trump’s fundraising using lies about election fraud: Special counsel focuses on Trump fundraising off false election claims.

Federal prosecutors probing the Jan. 6, 2021, attack on the U.S. Capitol have in recent weeks sought a wide range of documents related to fundraising after the 2020 election, looking to determine if former president Donald Trump or his advisers scammed donors by using false claims about voter fraud to raise money, eight people familiar with the new inquiries said.

Franco/Flemish School; Justice

Franco/Flemish School; Justice; The Ashmolean Museum of Art and Archaeology; unknown British artist

 

Special counsel Jack Smith’s office has sentsubpoenas in recent weeks to Trump advisers and former campaign aides, Republican operatives and other consultants involved in the 2020 presidential campaign, the people said. They have also heard testimony from some of these figures in front of a Washington grand jury, some of the people said.

The eight people with knowledge of the investigation spoke on the condition of anonymity to discuss an ongoing criminal investigation.

The fundraising prong of the investigation is focused on money raised during the period between Nov. 3, 2020, and the end of Trump’s time in office on Jan. 20, 2o21, and prosecutors are said to be interested in whether anyone associated with the fundraising operation violated wire fraud laws, which make it illegal to make false representations over email to swindle people out of money.

The new subpoenas received since the beginning of March, which have not been previously reported, show the breadth of Smith’s investigation, as Trump embarks on a campaign for reelection while assailing the special counsel investigation and facing charges of falsifying business records in New York and a separate criminal investigation in Georgia.

The subpoenas seek more specific types of communications so that prosecutors can compare what Trump allies and advisers were telling one another privately about the voter-fraud claims with what they were saying publicly in appeals that generated more than $200 million in donations from conservatives, according to people with knowledge of the investigation.

Read more at the WaPo.

Trump is hilariously suing Michael Cohen for $500 million for violating a nondisclosure agreement. Raw Story: Trump accidentally admits Michael Cohen told the truth in his new lawsuit: Legal expert.

Former President Donald Trump is launching a $500 million lawsuit against his former attorney and fixer Michael Cohen, alleging that he violated attorney-client privilege when he issued a tell-all book about the hush payment he helped Trump faciliate to adult film star Stormy Daniels.

But that claim doesn’t make any sense for Trump, said former Manhattan prosecutor Karen Friedman Agnifilo on CNN’s “OutFront” on Wednesday — because it implicitly requires Trump to admit that everything Cohen said, which he is now denying by pleading not guilty to criminal charges against him in New York, is actually true.

“When you look at this, Trump is alleging that Michael Cohen broke attorney-client privilege, he’s talking about all these falsehoods that he put out there,” said anchor Erica Hill. “Is there a legal merit here? I mean, does he have a case?

“It’s an interesting case here because, on the one hand, he’s saying everything is false, right?” said Agnifilo. “So if he was breaching attorney-client privilege, you’re doing that by telling things that were said to you in confidence. But so, is he saying things that Michael Cohen is saying are true because I told him in confidence, and now he’s breached that privilege? Or is he saying that the things are false? Because if they’re false, why didn’t he bring a defamation claim? So it kind of makes no sense.

“It really reads to me like he’s just trying to put his defense in the criminal case out and try and get his statements out there in the court of public opinion.”

She added: “I also think it’s worth noting that there is a little bit of witness intimidation going on here as well. And he’s just using the court system like he seems to want to do, by going after his foes and adversaries.”

Politico: Appeals court rejects Peter Navarro’s bid to retain hundreds of presidential records.

A federal appeals court panel on Wednesday rejected a bid by former Trump White House adviser Peter Navarro to retain hundreds of government records despite a judge’s order to return them promptly to the National Archives.

“There is no public interest in Navarro’s retention of the records, and Congress has recognized that the public has an interest in the Nation’s possession and retention of Presidential records,” the three-judge panel of the D.C. Circuit Court of Appeals concluded in a unanimous two-page order.

The Justice Department sued Navarro last year, seeking to reclaim hundreds of records — contained in Navarro’s personal ProtonMail account — that the government said should have been returned to the National Archives after the Trump administration came to an end in January 2021.

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Justica Justice, by Fabiano Millani

 

Navarro acknowledged that at least 200 to 250 records in his possession belong to the government, but he contended that no mechanism exists to enforce that requirement — and that doing so might violate his Fifth Amendment rights against self-incrimination. Last month, U.S. District Court Judge Colleen Kollar-Kotelly rejected that claim, ordering Navarro to promptly return the records he had identified as belonging to the government.

But Navarro appealed the decision, rejecting the notion that the Justice Department had any legitimate mechanism to force him to return the records. And he urged the court to stay Kollar-Kotelly’s ruling while his appeal was pending. But the appeals court panel — which included Judges Patricia Millett and Robert Wilkins, both appointees of President Barack Obama, and Judge Neomi Rao, an appointee of President Donald Trump — rejected Navarro’s stay request.

Within minutes, Kollar-Kotelly put the squeeze on Navarro, ordering him to turn over the 200 to 250 records “on or before” Friday. She also ordered him to perform additional searches or presidential records that might be in his possession by May 8, with further proceedings scheduled for later in the month.

I’m not sure if these records are related to the January 6 investigation, but Navarro has claimed that giving them up will violate his Fifth Amendment rights.

The flurry of filings is the latest twist in a saga that began when the National Archives discovered that Navarro had relied on a ProtonMail account to do official government business — the result of a congressional investigation into the Trump administration’s handling of the coronavirus crisis.

Navarro is also trying to fend off criminal charges for defying a different congressional investigation — the probe by the Jan. 6 select committee — into his role in strategizing to help Trump overturn the results of the 2020 election. He faces charges for contempt of Congress for defying a subpoena issued by the select committee, a case that has been repeatedly delayed amid battles over executive privilege and immunity for presidential advisers.

In its brief order rejecting Navarro’s stay, the appeals court panel concluded that returning the documents would not violate Navarro’s protection against self-incrimination.

allegory-of-justice-gaetano-gandl

Allegory of Justic, by Gaetano Gandolfi

The wheels of justice are grinding slowly in the Trump investigations, but it looks like they are moving more quickly than the fight for women’s rights their own bodily autonomy. This decision makes no sense to me.

AP: Court preserves access to abortion pill but tightens rules.

AUSTIN, Texas (AP) — A federal appeals court ruled that the abortion pill mifepristone can still be used for now but reduced the period of pregnancy when the drug can be taken and said it could not be dispensed by mail.

The decision late Wednesday temporarily narrowed a ruling by a lower court judge in Texas that had completely blocked the Food and Drug Administration’s approval of the nation’s most commonly used method of abortion. Still, preventing the pill from being sent by mail amounts to another significant curtailing of abortion access — less than a year after the reversal of Roe v. Wade resulted in more than a dozen states effectively banning abortion outright.

The case is likely to go to the U.S. Supreme Court.

“We are going to continue to fight in the courts, we believe the law is on our side, and we will prevail,” White House Press Secretary Karine Jean-Pierre said Thursday, speaking to reporters from Dublin during a visit by President Joe Biden.

Opponents that brought the Texas lawsuit against the drug last year cast the decision by the 5th U.S. Circuit Court of Appeals as a victory.

Abortion rights groups expressed relief that the FDA approval would remain in place for now but criticized the court for reinstating restrictions on the drug. Whole Woman’s Health, an abortion provider that operates six clinics in five states, said in a tweet they were continuing to offer mifepristone in clinics and through virtual services while reviewing the decision that came down shortly before midnight Wednesday.

For goddess sake! Just leave women alone to decide on their medical care in consultation with their doctors!! It’s time to ban Viagra, which is far more dangerous than Mifepristone.

In other news, the case of the leaked classified documents is moving rapidly. The New York Times has now named the leaker: Leader of Online Group Where Secret Documents Leaked Is Air National Guardsman.

The leader of a small online gaming chat group where a trove of classified U.S. intelligence documents leaked over the last few months is a 21-year-old member of the intelligence wing of the Massachusetts Air National Guard, according to interviews and documents reviewed by The New York Times.

The national guardsman, whose name is Jack Teixeira, oversaw a private online group named Thug Shaker Central, where about 20 to 30 people, mostly young men and teenagers, came together over a shared love of guns, racist online memes and video games.

Two U.S. officials confirmed that investigators want to talk to Airman Teixeira about the leak of the government documents to the private online group. One official said Airman Teixeira might have information relevant to the investigation.

Federal investigators have been searching for days for the person who leaked the top secret documents online but have not identified Airman Teixeira or anyone else as a suspect. The F.B.I. declined to comment.

Starting months ago, one of the users uploaded hundreds of pages of intelligence briefings into the small chat group, lecturing its members, who had bonded during the isolation of the pandemic, on the importance of staying abreast of world events.

The New York Times spoke with four members of the Thug Shaker Central chat group, one of whom said he has known the person who leaked for at least three years, had met him in person, and referred to him as the O.G. The friends described him as older than most of the group members, who were in their teens, and the undisputed leader. One of the friends said the O.G. had access to intelligence documents through his job.

While the gaming friends would not identify the group’s leader by name, a trail of digital evidence compiled by The Times leads to Airman Teixeira.

The Times has been able to link Airman Teixeira to other members of the Thug Shaker Central group through his online gaming profile and other records. Details of the interior of Airman Teixeira’s childhood home — posted on social media in family photographs — also match details on the margins of some of the photographs of the leaked secret documents.

The Times also has established, through social media posts and military records, that Airman Teixeira is enlisted in the 102nd Intelligence Wing of the Massachusetts Air National Guard. Posts on the unit’s official Facebook page congratulated Airman Teixeira and colleagues for being promoted to Airman First Class in July 2022.

This is kind of funny, because The Washington Post claimed an exclusive in a story this morning that did not name the leaker: Leaker of U.S. secret documents worked on military base, friend says. But it really wasn’t an exclusive, because Aric Tolder reported the story at bellingcat first.

Now, he has the byline in the NYT story. Hahaha. Hooray for the underdog. He also plans to stay at bellingcat for now.

I imagine there will be more news breaking on this story today. I’ll be watching. Have a great Thursday everyone!!


Thursday Reads

Good Morning!!

Yesterday we learned of the tragic death of journalist Eric Boelert in a bicycle accident. He was only 57. This is such a terrible loss.

The Washington Post: Liberal media critic Eric Boehlert dies in bicycle collision.

Eric Boehlert, a liberal critic who offered blistering takedowns and analysis of mainstream and conservative media, died Monday in a bicycle collision in his New Jersey hometown. He was 57.

“Through his journalism, social media, books, and appearances on CNN and MSNBC, Eric was a fierce defender of democracy, social justice and truth in media,” Boehlert’s family said in a statement released Wednesday. “He was fearless and brilliant in his investigation of hypocrisies and double standards in the media, and his contribution was priceless.”

Boehlert’s wife, Tracy Breslin, told the Bergen Record her husband was the cyclist that N.J. Transit said was struck by a train on Monday night. The couple have two adult children.

News of Boehlert’s death provoked an outpouring of grief online from friends and fans of his media criticism, which started appearing in liberal publications such as Media Matters for America, Daily Kos and Salon in the mid 2000s, before he later became prominent on social media and cable news….

Boehlert covered the music industry for Rolling Stone and Billboard early in his career, before he turned his attention to media criticism. He contributed to the liberal media watchdog Media Matters for more than a decade starting in the mid-2000s and also worked as a senior writer for Salon and a media critic at Daily Kos. He took aim at both right-wing media and mainstream outlets for what he saw as their failings, and in early 2020 he started his own liberal newsletter called Press Run because, as he wrote, “we can’t fix America if we don’t fix the press.”

“When a radical White House player is eagerly chipping away at our freedoms and the Constitution, we need the press to stand up to the unprecedented challenge at hand — a press corps that doesn’t wallow in ‘Both Sides’ journalism as a way to escape the wrath from Republicans,” he wrote in February 2020.

There’s much more at the WaPo link.

It’s not clear yet how Boelert could have been hit by a train, but someone from NJ posted this on Twitter:

https://twitter.com/JamesFallows/status/1511848151858229253?s=20&t=-ewA3jzVGRDpmxD8rUtt6A

News from DC

This is a strange story and I suspect it will get even stranger. AP News: US: 2 posed as agents, gave gifts to Secret Service officers.

Federal prosecutors on Wednesday charged two men they say were posing as federal agents, giving free apartments and other gifts to U.S. Secret Service agents, including one who worked on the first lady’s security detail.

The two men — Arian Taherzadeh, 40, and Haider Ali, 36 — were taken into custody as more than a dozen FBI agents charged into a luxury apartment building in Southeast Washington on Wednesday evening.

Prosecutors allege Taherzadeh and Ali had falsely claimed to work for the Department of Homeland Security and work on a special task force investigating gang and violence connected to the Jan. 6 insurrection at the U.S. Capitol. They allege the two posed as law enforcement officers to integrate with actual federal agents.

Taherzadeh is accused of providing Secret Service officers and agents with rent-free apartments — including a penthouse worth over $40,000 a year — along with iPhones, surveillance systems, a drone, flat screen television, a generator, gun case and other policing tools, according to court documents.

He also offered to let them use a black GMC SUV that he identified as an “official government vehicle,” prosecutors say. In one instance, Taherzadeh offered to purchase a $2,000 assault rifle for a Secret Service agent who is assigned to protect the first lady.

Prosecutors said four Secret Service employees were placed on leave earlier this week as part of the investigation.

The First Lady?! Is anyone making sure the Biden’s are really being protected? I hope so.

More from The Washington Post: 2 men accused of posing as federal officers to get near Secret Service.

The charges against Ali and Taherzadeh were made public as FBI personnel were seen in the Navy Yard area Wednesday night and were photographed on social media going into an apartment building. In a statement, the FBI said personnel were conducting “court authorized law enforcement activity” in the 900 block of First Street SE.

The investigation into the pair began March 14 when a U.S. Postal Service inspector went to a D.C. apartment complex to respond to a complaint of an assault on a letter carrier at the building, where many people who work for the FBI, Secret Service, Department of Defense and Navy live. Residents told the inspector that Ali and Taherzadeh identified themselves to residents as Department of Homeland Security investigations special agents who may have witnessed the assault, the affidavit said.

They claimed they were “special police” officers involved in undercover gang-related investigations and probes related to the Jan. 6 attack on the U.S. Capitol, the affidavit states. Other residents told the inspector the men used several apartments in the building, claiming the Department of Homeland Security paid the rent, and used an SUV equipped with emergency lights they identified as “their official DHS vehicle.”

The inspector learned the men were in contact with several members of the Secret Service and had provided gifts to them or their families and use of the SUV, the affidavit states. The document did not explain how the inspector learned about the gifts.

The affidavit included photos of the men in police tactical gear with “POLICE” emblazoned on their clothing. And in one instance, Taherzadeh sent a stock photo from the Internet to one witness and claimed to be in Homeland Security Investigations training, investigators alleged.

And who were these guys working for? Was it a foreign country? I guess we’ll be learning more in the days to come.

The Washington Post: House votes to hold ex-Trump aides Navarro, Scavino in contempt of Congress.

The House voted Wednesday to hold two former aides to President Donald Trump in contempt of Congress for refusing to comply with subpoenas related to the investigation into the Jan. 6, 2021, attack on the Capitol by a pro-Trump mob.

The 220-to-203 vote results in criminal referrals to the Justice Department, which will decide whether to charge former trade and manufacturing director Peter Navarro and former White House communications chief Daniel Scavino Jr. with misdemeanors that can result in up to one year in prison and a fine of up to $100,000.

During Wednesday’s floor debate, Rep. Bennie G. Thompson (D-Miss.), chairman of the House select committee investigating the Jan. 6 attack, said Navarro and Scavino “must be held accountable for their defiance of the law.”

“Even if you do it on your own time, trying to overturn an election is still trying to overturn an election,” Thompson said, adding: “This kind of cynical behavior as we investigate a violent insurrection is just despicable. It can’t stand. Dan Scavino and Peter Navarro must be held accountable for their abuses of the public trust.”

Republicans countered by accusing Democrats of targeting their political opponents — despite the bipartisan nature of the Jan. 6 select committee.

A bit of comic relief:

The Daily Beast: Congresswoman Who Downplayed the Capitol Riot Is Very Concerned About a Slap Joke.

Rep. Marjorie Taylor Greene (R-GA) downplayed the violence at the Capitol, voted against awarding congressional medals to Capitol Police officers injured in the insurrection, and ranted that the agency is like the “gazpacho” (presumably a reference to Nazi Germany’s Gestapo). But now she wants to them to devote resources to investigating comedian Jimmy Kimmel’s joke that Will Smith should slap her. “[T]his threat of violence against me by @jimmykimmel has been filed with the @CapitolPolice,” she tweeted Wednesday. Greene has, among other things, harassed a school shooting survivor, posted a mock-up pic of her holding a machine gun near lawmakers’ heads, and liked a Facebook post about executing Democrats.

Ukraine News and Commentary

The Bundesnachrichtendienst (BND), Germany’s foreign intelligence service, has acquired gruesome new insights into the atrocities committed by Russian military forces in the town of Bucha near the Ukrainian capital of Kyiv. DER SPIEGEL has learned that the BND intercepted Russian military radio traffic in which the murder of civilians in Bucha was discussed. Some of the intercepted radio traffic can apparently be directly linked to dead bodies that have been photographed in Bucha.

Following the withdrawal of the Russian military from the town over the weekend, a mass grave was discovered as well as the bodies of several dozen dead civilians left lying on the streets. The hands of some of the victims had been tied, while other bodies showed signs of torture. Numerous women and children are also reportedly among the victims.

The Russian government has vehemently denied that Russian forces are responsible for these war crimes. Several – completely unsubstantiated – claims have been made that the alleged war crimes have been staged by Ukraine. Those claims, however, are contradicted by the statements of numerous witnesses interviewed by reporters from DER SPIEGEL and other news outlets in the town of Bucha.

The intercepted comments now appear to completely refute Russia’s denials. DER SPIEGEL has learned that the BND briefed parliamentarians on Wednesday about its findings. Some of the intercepted traffic apparently matches the locations of bodies found along the main road through town. In one of them, a soldier apparently told another that they had just shot a person on a bicycle. That corresponds to the photo of the dead body lying next to a bicycle that has been shared around the world. In another intercepted conversation, a man apparently said: First you interrogate soldiers, then you shoot them.

Read more at the link.

The Washington Post: In Bucha, the scope of Russian barbarity is coming into focus.

BUCHA, Ukraine — The name of this city is already synonymous with the month-long carnage that Russian soldiers perpetrated here.

But the scale of the killings and the depravity with which they were committed is only just becoming apparent as police, local officials and regular citizens start the grim task of clearing Bucha of the hundreds of corpses decomposing on streets and in parks, apartment buildings and other locations.

As a team from the district prosecutor’s office moved slowly through Bucha on Wednesday, investigators uncovered evidence of torture before death, beheading and dismemberment, and the intentional burning of corpses.

Some of the cruelest violence took place at a glass factory on the edge of town.

On the gravel near a loading dock lay the body of Dmytro Chaplyhin, 21, whose abdomen was bruised black and blue, his hands marked with what looked like cigarette burns. He ultimately was killed by a gunshot to the chest, concluded team leader Ruslan Kravchenko. His body then was turned into a weapon, tied to a tripwire connected to a mine.

If you can stand to read more, click the link above.

Timothy Snyder at The Washington Post: By denying a Ukrainian culture, Putin flattens his own.

In his 1926 poem “Debt to Ukraine,” Vladimir Mayakovsky wrote: “It’s hard to crush people into one. Don’t raise yourself so high.” After all, the poet continued: “Do we know the Ukrainian night? No, we do not know the Ukrainian night.” But Vladimir Putin wants to crush people into one. He says God told him that Ukrainian souls are Russian. History revealed to him that Ukraine strives to be one with Russia; the very language he speaks entitles him to invade any country where Russian is spoken. An official Russian news service removed any ambiguity a few days ago, publishing a text advocating the complete elimination of the Ukrainian nation as such. And so Ukraine must be crushed, and anyone who thinks or speaks of Ukraine must be eliminated.

By way of these deep misunderstandings, Putin has placed the Ukrainian nation at the center of world history, for everyone to see. A Ukrainian actor, Volodymyr Zelensky, is now one of the most recognizable people on Earth. Putin’s invasion made visible not only that courageous, democratically elected president but also functional institutions, an impressive civil society, and journalists, activists and musicians who appear on our television screens and in our newspapers.

Matters are murkier in Putin’s Russia. A war based upon a big lie is also hard on its culture of origin. Everyone is looking at the Russian nation — or perhaps, rather, for it. What does it do to a society to invade a neighbor, which it claims to love, on the basis of bottomless self-deception? Americans have not yet recovered from the lies they told about Iraq two decades ago, and the Russian deception campaign runs far deeper. How are Russian parents altered when they deny to their children in Ukraine that any war is taking place? What sort of nation makes war and then forbids the use of the very word?

This is Putin’s war, but it is far too simple to say that it is only his war. It is made in the name of Russia, and the killing and maiming and abducting and deporting of Ukrainians are being done by tens of thousands of Russian citizens. As north-central Ukraine is liberated by its own citizens, hundreds of corpses of Ukrainian civilians are found in Bucha and other towns, in positions that suggest atrocities including rape, torture and execution. “This is how the Russian state will now be perceived,” Zelensky said. “Your culture and human appearance perished together with the Ukrainian men and women to whom you came.” Massacres seem to be a normal Russian occupation practice. Even as Russians are committing war crimes that violate Ukraine’s right to exist, Russians are told (and often seem to believe) that they are refighting the Second World War and resisting Nazis. That is a very big lie, and big lies do lasting damage.

I’ll end there. I’m grateful to live in a country that isn’t at war right now. Have a peaceful Thursday, Sky Dancers.

J