Wednesday Reads: Everything is Awful and Stupid.

Good Day!!

I’ve been getting more sleep than usual lately, but my chronic insomnia kicked in last night. I got almost no sleep. I’m really not ready to face another day with Trump and his antics, but I’ll do the best I can.

This news just broke from the Supreme Court:

The Washington Post (gift link): Supreme Court limits key provision of the landmark Voting Rights Act.

The Supreme Court on Wednesday sharply weakened a key provision of the landmark Voting Rights Act, a ruling that limits the consideration of race in drawing voting maps and could usher in Republican gains in the House.

The decision could touch off a scramble by Republicans to redraw minority-majority districts, especially in the South. New districts could shiftthe balance of power in Congress by imperiling the reelection prospects of some Black Democrats, possibly as soon as November’s midterms in some instances.

Samuel Alito (with Neil Gorsuch in the background on the left.)

The ruling also carries significant symbolic weight, effectively scaling backthe last major pillar of a 60-year-old law long considered one of the marquee achievements of the civil rights era. The Voting Rights Act bans discriminatory voting practices such as literacy tests and poll taxes, and has helped greatly increase minority representation in state and federal offices.

The ruling also carries significant symbolic weight, effectively scaling backthe last major pillar of a 60-year-old law long considered one of the marquee achievements of the civil rights era. The Voting Rights Act bans discriminatory voting practices such as literacy tests and poll taxes, and has helped greatly increase minority representation in state and federal offices.

In an ideologically divided 6-3 ruling, the conservative justices created a higher bar for the law’s powerful provision that allows states to use race to draw maps that help minority communities elect candidates of their choice. Section 2, as it is known, is aimed at combating discriminatory gerrymandering that weakens the power of Black, Latino, Native American and Asian voters.

States must walk a careful line when drawing maps for voting districts. The Voting Rights Act directsstates to consider race to some degreewhen redistricting to ensure that racial minority groups have an opportunity to elect representatives who reflect their priorities. Maps explicitly drawn along racial lines, however, violate the equal-protection clause of the 14th Amendment and the 15th Amendment’s ban on racial discrimination in voting practices.

Specifically:

The court’s conservative majority found Louisiana unlawfully discriminated by race when it created a second majority-Black congressional district to comply with the VRA. Justice Samuel A. Alito Jr. wrote the opinion for the majority.

“Section 2 of the Voting Rights Act … was designed to enforce the Constitution — not collide with it,” Alito wrote. “Unfortunately, lower courts have sometimes applied this Court’s [Section] 2 precedents in a way that forces States to engage in the very race-based discrimination that the Constitution forbids.”

The decision came over the sharp objections of the court’s three liberals. Justice Elena Kagan delivered the dissent from the bench, signaling strong disagreement.

“Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power,” Kagan wrote in the dissent.

Kate Riga at Talking Points Memo: Alito Pens Decision That ‘Eviscerates’ The Voting Rights Act.

The Roberts Court finally achieved its years-long goal of killing the Voting Rights Act Wednesday, publishing a ruling that, the liberal justices say, will make proving racial discrimination in redistricting virtually impossible.

“Under the Court’s new view of Section 2, a State can, without legal consequence, systematically dilute minority citizens’ voting power,” wrote Justice Elena Kagan in her dissent.

“Of course, the majority does not announce today’s holding that way. Its opinion is understated, even antiseptic,” she continued. “The majority claims only to be “updat[ing]” our Section 2 law, as though through a few technical tweaks. But in fact, those ‘updates’ eviscerate the law…”

Justice Samuel Alito wrote the majority opinion, joined by all five other justices inthe bench’s right wing. Kagan was joined in her dissent by Justices Sonia Sotomayor and Ketanji Brown Jackson. Justice Clarence Thomas also wrote a concurrence joined by Justice Neil Gorsuch.

Alito defangs the law by unilaterally cancelling out congressional fixes to it — primarily, that plaintiffs bringing claims of racial vote dilution no longer have to prove that the legislators drawing the maps did so to purposefully discriminate. This bar had proved so difficult to overcome, especially as legislators became more adept at using facially neutral language, that Congress adopted amendments to the VRA asserting that if the maps have a discriminatory effect, that’s enough. Chief Justice John Roberts, then working in the Reagan administration, spearheaded the unsuccessful effort to doom the passage of those amendments.

Alito hand waves this history away, in part, by echoing Roberts’ reasoning in an earlier decision that eviscerated the VRA’s preclearance requirement, which required jurisdictions with histories of racial discrimination in voting to submit changes in election laws to the federal government for clearance before they could take effect. Roberts, in Shelby County v. Holder, said that the country had made such great strides in racial equality that the preventative measure was no longer necessary — ushering in a flood of new voter restrictions, particularly in the states that comprised the old Confederacy.

Read the rest at TPM.

Trump has insomnia too, it seems. He posted an idiotic message to Iran at an ungodly hour:

Trump posted this insanity at 4 in the morning

Aaron Rupar (@atrupar.com) 2026-04-29T13:17:33.611Z

He is such an embarrassment! Of course the corporate media report this as if it’s perfectly normal. Here’s the latest on the Iran situation:

NBC News: Trump warns Iran ‘better get smart soon’ as he weighs military options over Strait of Hormuz.

President Donald Trump warned Iran “better get smart soon” Wednesday, as he weighed military options for the Strait of Hormuz with peace talks at an impasse.

Members of Trump’s national security team presented him with multiple options this week for how to handle the continuing bottleneck in the strait after negotiations failed to reopen the critical waterway, a U.S. official and a person familiar with the meeting told NBC News.

The standoff between Washington and Tehran, including the continued U.S. naval blockade, means the key trade route has been effectively blocked for two months.

The threat of prolonged disruption to the global economy has sent energy prices soaring — gas price averages in the U.S. reached $4.23 a gallon,the highest level in nearly four years, while the international benchmark price for oil, Brent crude, surged to $115 a barrel early Wednesday.

Meanwhile, Iran’s national rial currency hit a record low against the dollar, as Tehran’s economy also showed growing signs of strain.

The options discussed during Monday’s meeting in the Situation Room included whether the U.S. military presence in the strait should change — either increase or decrease — and whether the military should become more aggressive in conducting operations there, the U.S. official said.

Trump has not made any decisions about the way forward, the sources said, and it’s not clear when he might make a decision.

They don’t even note that the warning from Trump came in an idiotic Truth Social post until paragraph 11!

Trump and other top administration officials met with a group of energy industry executives on Tuesday, discussing possible next steps in continuing the blockade of Iran’s ports “for months if needed” and how to minimize impacts on American consumers, a White House official told NBC News.

The meeting was hosted by Treasury Secretary Scott Bessent included executives from Chevron, Trafi, Vitol and Mecuria, among other companies.

The U.S. showed little immediate enthusiasm for a new Iranian proposal that would end the war and reopen the strait without resolving the impasse over the Islamic Republic’s nuclear program — a key stumbling block in the stalled peace talks.

There’s quite a bit more information at the link.

Raw Story: Trump quietly telling insiders to prepare for ‘extended’ blockade of Iran: report.

President Donald Trump is quietly telling administration insiders to prepare for an “extended” blockade of Iran as negotiations to end the war with the regime drag on.

On Tuesday, the Wall Street Journal reported, citing “U.S. officials,” that Trump has told his aides that the blockade of Iran will continue, as the two sides remain far apart on Trump’s stated goal of getting the regime to give up its nuclear arms capabilities altogether. The report followed a meeting in the Situation Room on Monday, where Trump administration officials reviewed an offer to end the war from the Iranian regime that included reopening the Strait of Hormuz in exchange for delaying talks about nuclear weapons.

The report also suggests that Trump appears to be digging in and trying to tighten the screws on Iran’s economy.

“In recent meetings, including a Monday discussion in the Situation Room, Trump opted to continue squeezing Iran’s economy and oil exports by preventing shipping to and from its ports,” according to the report. “He assessed that his other options—resume bombing or walk away from the conflict—carried more risk than maintaining the blockade, officials said.”

“Yet continuing the blockade also prolongs a conflict that has driven up gas prices, hurt Trump’s poll numbers and further darkened Republicans’ prospects in the midterm elections,” it continued. “It has also caused the lowest number of transits through the Strait of Hormuz since the war began.”

In other Middle East news, the UAE is leaving OPEC. AP: The UAE’s departure from OPEC shakes up the alliance that influences oil prices worldwide.

The decision by the United Arab Emirates to leave the OPEC oil cartel shook up the 65-year-old alliance that produces some 40% of the world’s crude oil and exerts major influence over the price of energy around the globe.

OPEC countries

The UAE said in the announcement Tuesday that when it leaves OPEC this Friday, it plans to carry on with its long-held goal of increasing crude production “in a gradual and measured manner, aligned with demand and market conditions.”

Right now, that’s academic as far as oil prices go, since Iran is still blocking the Strait of Hormuz, which means much of the oil from Persian Gulf producers such as the UAE cannot be exported. But the departure could have long-term effects on oil prices….

The Organization of the Petroleum Exporting Countries was formed in Baghdad in September 1960 by Iran, Iraq, Kuwait, Saudi Arabia and Venezuela. It has 12 members — counting the UAE — that hold more than 80% of the world’s proven oil reserves. Other members are Algeria, Equatorial Guinea, Gabon, Libya, Nigeria and the Republic of the Congo….

The group, headquartered in Vienna, aims to regulate oil prices by coordinating increases or decreases in production.

The goal has been to keep prices high enough so member governments can balance their budgets and reap the benefits of their natural resources — but not so high as to cause a recession in consuming countries or to halt energy-consuming activity, a phenomenon known as demand destruction.

Trump has really screwed us and the rest of the world with his illegal Iran war. Analysis by Andrew Roth at The Guardian: Trump in tough spot as he tries to avoid deal that highlights US failures in Iran.

Donald Trump is learning first-hand about the perils of mission creep.

The US-Israel war in Iran has just passed its eighth week – twice as long as the president predicted it would take when US warplanes launched their joint attack with Israeli forces to decapitate the Iranian leadership and paralyse its military. The military attacks were successful. The predictions about the political cause-and-effect to follow were not.

Iran has survived the initial strikes and remains defiant, closing the strait of Hormuz in a move that has blocked off a fifth of the global oil trade. The US has responded with its own blockade to lock in Iranian oil, inflicting losses of an estimated $500m daily on Tehran and threatening the country’s long-term energy production – but negotiations have stalled and it is not clear if the White House is willing to withstand the pain of a sustained economic war or the risk of a military operation to open the strait.

“This has gone from being a war of choice to a war of necessity,” said Aaron David Miller, an analyst at the Carnegie Endowment and a former US diplomat and Middle East negotiator.

The war had transformed from a conflict involving Iran, the US and Israel to a “global economic crisis which shows no signs of abating”. Just this week, petrol prices in the US approached a four-year high, and they are expected to continue to rise before a crucial midterm election that could allow the Democrats to retake congress.

“The status quo is not tolerable … there has to be a fix to it,” Miller said. “It strikes me that the administration is in a very tough spot.”

But the solution remains elusive. One option would be to negotiate a temporary reopening of the strait of Hormuz but to delay nuclear talks on the fate of the more than 400kg of highly enriched uranium (HEU) – as well as the country’s right to enrich uranium in the future.

Read the rest at The Guardian.

Yesterday the “Justice” Department indicted James Comey for the second time. The indictment is unbelievably stupid. He is accused of threatening to assassinate Trump because he posted on social media a photo of some seashells spelling “86 47.”

This Comey indictment should be in Comic Sans

Tim Dickinson (@timdickinson.bsky.social) 2026-04-28T21:09:18.050Z

Attorney Ken White AKA Popehat wrote about it at The Popehat Report: The Comey Threat Indictment Is A Grave Embarrassment To The United States Department of Justice And The Rule of Law.

I wrote up the Comey indictment.www.popehat.com/p/the-comey-…

8647 Hat (@kenwhite.bsky.social) 2026-04-28T21:37:00.166Z

On April 28, 2026, the United States Department of Justice indicted former FBI Director James Comey over a mildly sassy arrangement of seashells. The charge is preposterous and no competent or honest prosecutor would bring it. It represents a betrayal of the professional and ethical obligations of every U.S. Department of Justice attorney involved, and reflects the complete collapse of the Department’s credibility and independence in favor of a cultish and cretinous devotion to Donald Trump.

The indictment concerns James Comey’s May 25, 2025 post to his Instagram account remarking “Cool shell formation on my beach walk” and showing shells arranged to spell out “86 47.” [….]

47 is Donald Trump, the 47th President of the United States, and “86” is slang for ditch, get rid of, or discard.

Based on this, the United States Attorney’s Office for the Eastern District of North Carolina — the venue of the sassy beach stroll — secured an indictment against Comey for two federal felonies: threatening the President of the United States in violation of Title 18, United States Code, Section 871 and transmitting a threat in interstate commerce in violation of Title 18, United States Code, 875(c). In both counts, the government asserts that “a reasonable recipient who is familiar with the circumstances would interpret as a serious expression of intent to do harm.” That is, of course, a preposterous lie….

Let’s look at what the government would have to prove to convict Comey of these offenses, using cases from the Fourth Circuit, which governs this district. To prove a threat against the President in violation of Section 871, the prosecution must offer “(1) the proof of “a true threat” and (2) that the threat is made “knowingly and willfully.”“ United States v. Lockhart, 382 F.3d 447, 449-450 (4th Cir. 2004). To prove a threat in interstate commerce in violation of Section 875(c), the government must prove that “(1) that the defendant knowingly transmitted a communication in interstate or foreign commerce; (2) that the defendant subjectively intended the communication as a threat; and (3) that the content of the communication contained a “true threat” to kidnap or injure.” United States v. White, 810 F.3d 212, 220-21 (4th Cir. 2016). For purposes of both statutes, a “true threat” is a statement which an “ordinary, reasonable recipient who is familiar with the context in which the statement is made would interpret it as a serious expression of an intent to do harm.” White, 810 F.3d at 221.

Prosecutions for threats against the President played a substantial role in developing the First Amendment doctrine of “true threats,” which separates bluster and rhetoric from actual threats to do harm. In Watts v. United States, 394 U.S. 705 (1969), the United States Supreme Court took up the conviction of an 18-year-old man who said this during an anti-draft protest during Vietnam: “They always holler at us to get an education. And now I have already received my draft classification as 1-A and I have got to report for my physical this Monday coming. I am not going. If they ever make me carry a rifle the first man I want to get in my sights is L. B. J. . . . . They are not going to make me kill my black brothers.” The Court articulated the core of the “true threat” doctrine, noting that political rhetoric, hyperbole, and robust debate that does not convey an intent to do harm is protected by the First Amendment:

“But whatever the “willfullness” requirement implies, the statute initially requires the Government to prove a true threat. We do not believe that the kind of political hyperbole indulged in by petitioner fits within that statutory term. For we must interpret the language Congress chose “against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). The language  [**1402]  of the political arena, like the language used in labor disputes, see Linn v. United Plant Guard Workers of America, 383 U.S. 53, 58 (1966), is often vituperative, abusive, and inexact. We agree with petitioner that his only offense here was “a kind of very crude offensive method of stating a political opposition to the President.” Taken in context, and regarding the expressly conditional nature of the statement and the reaction of the listeners, we do not see how it could be interpreted  otherwise. Watts, 394 U.S. at 708.”

No minimally rationally person could possibly conclude, seeing James Comey’s beachside dad joke, that he was expressing a sincere intent to harm the President. Nobody could look at it and conclude that Comey intended to convey that message. In evaluating whether a threat is “true,” the trier of fact must consider the context. Here the context is seashells. The context is the former Director of the FBI, a lifetime member of law enforcement, who is a well-known critic of the President and a target of the President’s wrath, using a campy mechanism to express opposition to the President, using slang for “ditch” or “eject” or “get rid of.” No rational person could see that and say “the former director of the FBI is saying he’s going to kill the President”!”

I could now cite to you a legion of cases for that proposition, finding rhetoric far more concerning than this protected by the First Amendment, analyzing language and context to show this is protected. But it wouldn’t matter, would it? If you are a minimally rational person, you don’t need to see the precedent, and if you’re a cultist, no amount of precedent matters to you.

He does go on; read the rest at the link above.

From Blanche’s press conference yesterday:

Q: Should we expect more indictments of this sort? For example, in 2020 Gretchen Whitmer did a TV hit with "8645" in the background." Would you pursue that?BLANCHE: As far as other instances of threats against the president — those will be investigated

Aaron Rupar (@atrupar.com) 2026-04-28T20:49:30.385Z

I hope Blanche doesn’t have plans to continue legal work in the future. I don’t think he’s going to have a license. The same goes for the lawyers who prosecute this case.

One more from The Washington Post: Prosecutions of Trump’s foes add to GOP’s headaches in midterms.

Republicans hoping their party’s standard-bearer will stay focused on voters’ priorities heading into the November midterms caught no relief on Tuesday as the Trump administration announced charges against former FBI director James B. Comey and an aide to former chief medical adviser Anthony S. Fauci, as well as a review of Disney’s broadcast licenses.

The latest instances of turning government power against President Donald Trump’s critics and pursuing years-old grievances added to frustrations felt by Republicans who say the president isn’t doing enough to address the signature issues that won him a second term.

Two-thirds of Americans said Trump hasn’t paid enough attention to the country’s most important problems in a CNN survey conducted late last month, up from 52 percent in February 2025 and higher than at any point in his first term.

“No Republican wants to run on ‘I stand with Donald Trump’s retribution tour’” while gas prices are so high, said Barrett Marson, a GOP strategist in Arizona. “There is no doubt that the vast majority of non-MAGA voters want Trump to focus on anything but his personal animus toward a wide variety of people.”

The White House said the Comey prosecution has no bearing on Trump’s efforts to bring down costs — moves that include signing a tax-cut bill, adding discounted drugs to a government-run portal, expanding domestic beef production, releasing oil reserves and easing restrictions on tankers moving fuel between U.S. ports.

“The idea that President Trump and his Cabinet agencies cannot execute multiple actions simultaneously is so laughably false,” spokeswoman Abigail Jackson said. “The insinuation that a grand jury returning an indictment is mutually exclusive with the administration’s strong efforts on the economy is objectively false.”

Other Republicans, however, asked about the administration’s priorities. Sen. Thom Tillis (R-North Carolina), a member of the Senate Judiciary Committee, questioned whether the Comey case was the best use of time and resources for the acting U.S. attorney from his state who brought the charges, W. Ellis Boyle. Trump renominated Boyle to the position in January after the Senate took no action on his nomination last year.

This is just who Trump is. We can only hope the Democrats will win the House and Senate and impeach him.

That’s it for me today. What’s on your mind?

 


Wednesday Reads

Good Morning!!

Foggy Landscape, by Raul Cantu

Foggy Landscape, by Raul Cantu

Pretty soon the U.S. Supreme Court is going to have to get involved in the Trump mess. That became even more likely after the we got big news out of Colorado. The state’s supreme court has banned Trump from the 2024 ballot.

The Washington Post: Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court.

In a historic decision Tuesday, the Colorado Supreme Court barred Donald Trump from running in the state’s presidential primary after determining that he had engaged in insurrection on Jan. 6, 2021.

The 4-to-3 decision marked the first time a court has ruled to keep a presidential candidate off the ballot under an 1868 provision of the Constitution that bars insurrectionists from holding office. The ruling comes as courts in other states consider similar cases. All seven justices on the Colorado Supreme Court were initially appointed by Democratic governors.

If other states reach the same conclusion, Trump would have a difficult — if not impossible — time securing the Republican nomination and winning in November.

The decision is certain to be appealed to the U.S. Supreme Court, but it will be up to the justices to decide whether to take the case. Scholars have said only the nation’s high court can settle for all states whether the Jan. 6 attack on the U.S. Capitol constituted an insurrection and whether Trump is banned from running.

“A majority of the court holds that President Trump is disqualified from holding the office of President under Section Three of the Fourteenth Amendment to the United States Constitution,” the decision reads. “Because he is disqualified, it would be a wrongful act under the Election Code for the Colorado Secretary of State to list him as a candidate on the presidential primary ballot.”

The U.S. Supreme Court justices separately are weighing a request from special counsel Jack Smith to expedite consideration of Trump’s immunity claim in one of his criminal cases — his federal indictment in Washington on charges of illegally trying to obstruct Joe Biden’s 2020 election victory. Trump has denied wrongdoing.

The Colorado Supreme Court’s majority determined that the trial judge was allowed to consider Congress’s investigation of the Jan. 6, 2021, attack on the U.S. Capitol, which contributed to the determination that Trump engaged in insurrection.

“We conclude that the foregoing evidence, the great bulk of which was undisputed at trial, established that President Trump engaged in insurrection,” the majority wrote.

Frosty Morning, by Ottis Adams

Frosty Morning, by Ottis Adams

From Talking Points Morning Memo by David Kurtz: Like It Or Not, The Roberts Court Is About To Be Confronted With The Trump Problem.

The decision by the Colorado Supreme Court to remove Donald Trump from the GOP primary ballot has cast us deeper into uncharted waters.

I had a vague notion even into adulthood that the constitutional order in America was challenged every 50 years or so in ways that stress-tested the system. By that measure, I regret to inform you that we live in extraordinary times.

Since 1998, some of the markers – by the numbers:

  • 3 going on 4 presidential impeachments;
  • 2 winning presidential candidates losing the popular vote;
  • 1 going on 2 presidential elections decided by the Supreme Court;
  • 1 attempted coup; and
  • 4 criminal prosecutions of an ex-president.

While it’s not just Donald Trump, you can see his outsize impact on those numbers.

I’m not of the view that testing constitutional limits is somehow dangerous or ill-advised. We should thoroughly ventilate the 14th Amendment’s Disqualification Clause, as is being done now. It’s been a mistake, in my view, to spend decades circling around but never quite confronting the true extent of executive privilege. In the half century since Watergate, we shouldn’t have operated under the untested specter of a Justice Department opinion that sitting presidents can’t be criminally charged.

So I don’t think there’s anything inherently ill-advised about treating the Constitution as a robust mechanism to be used, tested, amended, and reinvigorated. Not every brush with a constitutional question is a constitutional crisis. (To clear up any possible confusion, I’m talking here about the constitutional structure itself, not the scope of individual rights protected by the Constitution, whose developments have their own history and evolution under the law.)

The next few months are going to see a series of new tests.

Read more, with suggestions for further reading at the TPM link.

More commentary from Rick Hasen at the Election Law Blog: Will the U.S. Supreme Court Keep Donald Trump Off the Ballot ? Some Initial Thoughts.

I am traveling and so I offer only some brief and initial thoughts here about what the United States Supreme Court may and should do in light of the Colorado Supreme Court’s determination that Donald Trump is ineligible to serve as president under Section 3 of the 14th amendment for encouraging insurrection.

Anatoly Deverin

By Anatoly Deverin

My bottom line is that the Colorado opinion is a serious and careful opinion that reaches a reasonable conclusion that Trump is disqualified. Nonetheless the opinion reaches many novel legal issues that the U.S. Supreme Court could decide the other way should that court reach the merits. (The three dissenters on the Colorado court did not really reach the merits.) Trump would need to prevail on only one of these legal issues to win on any appeal, so in some ways the legal odds are with him.

It is far from clear that the U.S. Supreme Court will reach the merits—there are many legal doctrines like ripeness and mootness that would give the Court a way to avoid deciding the issues in the case. But it is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible. Voters need to know if the candidate they are supporting for President is eligible. And if we don’t get a final judicial  resolution before January 6, 2025 a Democratic-majority Congress could decide Trump is disqualified even if he appears to win the electoral college vote. That would be tremendously destabilizing. 

In the end the legal issues are close but the political ramifications of disqualification would be enormous. Once again the Supreme Court is being thrust into the center of a U.S. presidential election. But unlike in 2000 the general political instability in the United States makes the situation now much more precarious.

The media has finally begun talking about Trump’s fascist tendencies and actually comparing him to Hitler. Calder McHugh writes at Politico Magazine: ‘Trump Knows What He’s Doing’: The Creator of Godwin’s Law Says the Hitler Comparison Is Apt.

Any time people start fighting on the internet, someone will inevitably reach for the Hitler comparison. It’s a virtually unbreakable rule known as “Godwin’s law,” named after Mike Godwin, an early internet enthusiast who coined it back in 1990. It’s also understood that often the party mentioning Hitler or the Nazis is losing the argument, though that’s not part of the law itself.

Godwin’s law was invoked this weekend when President Joe Biden’s campaign said former President Donald Trump had “parroted Adolf Hitler” when he accused undocumented immigrants of “poisoning the blood of our country.”

But according to Godwin himself, that doesn’t mean Biden is losing the argument.

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

Lights in the Murk, 2022, Jeremy Miranda (American, b.1980)

“Trump’s opening himself up to the Hitler comparison,” Godwin said in an interview. And in his view, Trump is actively seeking to evoke the parallel.

Trump made almost identical comments in an interview with the far-right website The National Pulse in November, around the same time Trump also called his political opponents “vermin” — all rhetoric that Hitler used to disparage Jews.

“You could say the ‘vermin’ remark or the ‘poisoning the blood’ remark, maybe one of them would be a coincidence,” Godwin said. “But both of them pretty much make it clear that there’s something thematic going on, and I can’t believe it’s accidental.”

Comparisons to Hitler and the Nazis happen all the time, particularly in online discourse, but they’re often dismissed as ridiculous or clumsy. When public figures or their staff mention the H-word, it can provoke derision. But the Biden campaign has made a deadly serious statement, and a political wager that the public won’t dismiss the charge as hyperbole.

Read an interview with Godwin at the Politico link.

At The New York Times, Michael Gold writes: Trump, Attacked for Echoing Hitler, Says He Never Read ‘Mein Kampf.’

Former President Donald J. Trump on Tuesday doubled down on his widely condemned comment that undocumented immigrants are “poisoning the blood of our country,” rebuffing criticism that the language echoed Adolf Hitler by insisting that he had never read the Nazi dictator’s autobiographical manifesto.

Mr. Trump did not repeat the exact phrase, which has drawn criticism since he first uttered it in an interview with a right-leaning website and then repeated it at a rally in New Hampshire on Saturday.

But he said on Tuesday night in a speech in Iowa that undocumented immigrants from Africa, Asia and South America were “destroying the blood of our country,” before alluding to his previous comments.

“That’s what they’re doing. They’re destroying our country,” Mr. Trump continued. “They don’t like it when I said that. And I never read ‘Mein Kampf.’ They said, ‘Oh, Hitler said that.’”

He added that Hitler said it “in a much different way,” without making his meaning clear.

Undocumented immigrants, he added, “could be healthy. They could be very unhealthy. They could bring in disease that’s going to catch on in our country.” And he again said that they were “destroying the blood of our country” and “destroying the fabric of our country.”

Mr. Trump and his campaign have dismissed the comparisons between his remark and language used by Hitler using the words “poison” and “blood” to denigrate those who Hitler deemed a threat to the purity of the Aryan race.

In one chapter of “Mein Kampf” named “Race and People,” Hitler wrote, “All the great civilizations of the past became decadent because the originally creative race died out, as a result of contamination of the blood.” In another passage, he links “the poison which has invaded the national body” to an “influx of foreign blood.”

I believe that Trump has never read “Mein Kampf,” because he doesn’t read anything; but I have no doubt that Steven Miller–who writes Trump’s speeches–has read it. Trump was reading these Hitler-like words from his teleprompter.

Winter in the forest, Isaac Levitan 1885

Winter in the forest, Isaac Levitan 1885

Speaking of media troubles, NPR’s David Folkenflik has a troubling scoop about the next boss of The Washington Post: New ‘Washington Post’ CEO accused of Murdoch tabloid hacking cover-up.

When Washington Post owner Jeff Bezos wanted an assured hand to right the newspaper’s shaky finances, he turned to Will Lewis, a 54-year-old former editor of The Daily Telegraph and former publisher of The Wall Street Journal, whom he called “exceptional, tenacious.” Lewis will start as the Post‘s publisher and CEO in early January.

A dozen years ago, media magnate Rupert Murdoch also turned to Lewis when he wanted to find someone to rectify the hacking and bribery scandals engulfing his British Sunday tabloid, News of the World.

Lewis’ publicly stated charge was to root out newsroom corruption, cooperate with police and help settle claims from people targeted by the company’s journalists for voicemail and email hacking. The Guardian called him “News Corp’s clean-up campaigner.”

A very different picture of Lewis emerges from material presented in London courtrooms in recent months and reviewed by NPR. The man picked to lead the Post — a paper with the slogan “Democracy Dies in Darkness”  stands accused of helping to lead a massive cover-up of criminal activity when he was acting outside public view.

In lawsuits against News Corp.’s British newspapers, lawyers for Prince Harry and movie star Hugh Grant depict Lewis as a leader of a frenzied conspiracy to kneecap public officials hostile to a multibillion-dollar business deal and to delete millions of potentially damning emails. In addition, they allege, Lewis sought to shield the CEO of News Corp.’s British arm, News UK, from scrutiny and to conceal the extent of wrongdoing at News of the World‘s more profitable sister tabloid, The Sun.

In sum, the Duke of Sussex and Grant argue that Lewis was a linchpin of efforts to limit the fallout during a key period between late 2010 and 2012.

These concerns about Lewis’ actions have been percolating for years.

Through a spokesperson, Lewis declined to comment to NPR for this story. He previously denied the broad outlines of these accusations, saying they are utterly unfounded. Lewis has not personally been sued as part of any of this current litigation, which offers greater specificity and sweep to the allegations.

Read all the details at the NPR link.

It’s all over for Ron DeSantis; even he must realize that by now. Jake Lahut writes at The Daily Beast: How Ron DeSantis’ $100 Million ‘Death Star’ Collapsed.

Long before Ron DeSantis’ presidential ambitions began to falter, it was clear to anyone paying close attention that there were fatal flaws in his much-hyped political operation.

“I had to have it explained to me the first time DeSantis came here for a parade,” an early DeSantis supporter in New Hampshire recalled to The Daily Beast. “I was gonna show up for the parade and I was informed, ‘This is a Never Back Down event, so you can’t mention anything about the campaign.’ And I was like, what the hell is this?”

This, the New Hampshire presidential campaign veteran would come to learn, was how the DeSantis campaign thought they’d cracked the code to beat former President Donald Trump.

Never Back Down was launched as a super PAC—loaded up with $80 million transferred from DeSantis’ state-level PAC in Florida—designed to carry him to the presidency through sheer force. The prospect of a talent-stocked PAC spending historic sums on organizing and campaign messaging was initially so fearsome that some Republicans dubbed Never Back Down the “Death Star.”

As the New Hampshire source’s befuddlement at the parade showed, however, Never Back Down’s ambitious vision was destined to collide with the strict federal rules barring campaigns and super PACs from cooperating on strategy or even communicating at all.

But few in Republican politics expected just how spectacularly this vaunted Death Star would ultimately implode.

“This will go down as maybe the worst-orchestrated effort in modern presidential history,” said a person familiar with Never Back Down’s operations.

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

Forest in Winter, Lawren S. Harris, Canadian, 1885-1970

After months spent out of sync with the campaign, a number of officials with Never Back Down have either resigned or been fired; top PAC strategists have cursed at each other and nearly come to blows in private meetings; and a new breakaway PAC has formed.

Most troubling of all, DeSantis might be sliding backward in his quest for the presidency despite the staggering sum of nearly $100 million that his PAC has spent to support him.

With DeSantis struggling to maintain even second place as the Iowa and New Hampshire contests near, the governor’s sympathizers are fully considering the consequences of his team’s big bet that they could outsource a huge primary victory to a super PAC.

“It is gonna cost us the election,” the DeSantis supporter, who later switched allegiance to a rival non-Trump campaign, recalled thinking to themselves several months ago, now describing the decision to outsource so many critical functions to Never Back Down as “a huge, huge mistake, and we could not afford one on this.”

“We’ll never win another election if we don’t stop PACs trying to become the campaign,” the former DeSantis supporter said.

Read more details at The Daily Beast.

Three more interesting stories, before I wrap this up:

ABC News: Federal judge orders documents naming Jeffrey Epstein’s associates to be unsealed.

A federal judge in New York has ordered a vast unsealing of court documents in early 2024 that will make public the names of scores of Jeffrey Epstein’s associates.

The documents are part of a settled civil lawsuit alleging Epstein’s one-time paramour Ghislaine Maxwell facilitated the sexual abuse of Virginia Giuffre. Terms of the 2017 settlement were not disclosed.

Maxwell is currently serving a 20-year prison sentence after she was convicted of sex trafficking and procuring girls for Epstein, who died by suicide in 2019 in a Manhattan jail while awaiting trial on federal sex trafficking charges.

Anyone who did not successfully fight to keep their name out of the civil case could see their name become public — including Epstein’s victims, co-conspirators and innocent associates.

Judge Loretta Preska set the release for Jan. 1, giving anyone who objects to their documents becoming public time to object. Her ruling, though, said that since some of the individuals have given media interviews their names should not stay private.

The documents may not make clear why a certain individual became associated with Giuffre’s lawsuit, but more than 150 people are expected to be identified in hundreds of files that may expose more about Epstein’s sex trafficking of women and girls in New York, New Mexico, the U.S. Virgin Islands and elsewhere. Some of the names may simply have been included in depositions, email or legal documents.

Some of the people have already been publicly associated with Epstein. For instance, Harvard law professor Alan Dershowitz is publicly named in the judge’s order. Certain minor victims will remain redacted.

The New York Times: Giuliani’s Money Woes Were a Focus of Ukraine Inquiry, Records Reveal.

Before Rudolph W. Giuliani was ordered to pay $148 million to two Georgia election workers he defamed, and before he owed his own lawyers several million dollars more, federal prosecutors were scrutinizing whether he pursued dubious business dealings in Ukraine to shore up his dwindling fortune, according to court records unsealed late Tuesday.

The documents lifted the veil on a criminal investigation that federal prosecutors spent three years conducting into the dealings of Mr. Giuliani, the former New York mayor who had reinvented himself as Donald J. Trump’s personal lawyer and attack dog.

Apple Grove Moon, Peter Skulthorpe

Apple Grove Moon, Peter Skulthorpe

The investigation, which did not result in charges for Mr. Giuliani, centered on whether he illegally lobbied the Trump administration in 2019 on behalf of Ukrainian officials. Those same Ukrainians helped Mr. Giuliani dig for dirt on Joseph R. Biden Jr., who was then on his way to becoming the Democratic presidential nominee and who would ultimately defeat Mr. Trump in 2020.

The prosecutors had assembled enough evidence to persuade a judge in April 2021 to authorize the seizure of Mr. Giuliani’s phones and computers, an extraordinary step to take against any lawyer, let alone one who had represented a sitting president. And for a time, it appeared as if the prosecutors, working in the same Manhattan U.S. attorney’s office that Mr. Giuliani had presided over decades earlier, might seek to indict him.

But when they failed to find a smoking gun in Mr. Giuliani’s electronic records, the prosecutors notified the judge overseeing the matter that they had ended the long-running investigation.

A spokesman for Mr. Giuliani did not immediately respond to a request for comment late Tuesday.

The judge, J. Paul Oetken, recently ordered the prosecutors to release the search warrant materials in response to a request from The New York Times. Mr. Giuliani consented to the newspaper’s request, as did the government, with certain redactions to protect privacy interests.

While much of the evidence that underpinned the search warrant had already come to light in the media and through Mr. Trump’s first impeachment proceedings in late 2019,the search warrant materials represent the government’s most comprehensive catalog yet of Mr. Giuliani’s ties to Ukraine.

And for the first time, the records explicitly linked Mr. Giuliani’s recent financial troubles to his dealings in Ukraine, suggesting that he did not just want Ukrainian officials’ help in attacking Mr. Biden but also their money.

Spencer S. Hsu at The Washington Post: Judge again turns over Rep. Perry’s phone records to DOJ Jan. 6 probe.

A federal judge on Tuesday granted the Justice Department access to nearly 1,700 records recovered from the cellphone of Rep. Scott Perry (R-Pa.) in a long-running legal battle in the criminal investigation of former president Donald Trump’s efforts to overturn the 2020 presidential election.

Chief U.S. District Judge James E. Boasberg of D.C. gave investigators access to 1,659 records and withheld 396 others after a federal appeals court directed him to individually review 2,055 communications from Perry’s phone to decide which were protected by the Constitution’s “speech or debate” clause, which grants members of Congress immunity from criminal investigation when acting in their official capacities.

The FBI seized Perry’s phone in August 2022 under a court order seeking to understand Perry’s involvement in the machinations that were the subject of Trump’s criminal indictment this August for allegedly plotting to prevent President Biden from taking office.

An outline of the contents of Perry’s sensitive discussions with Trump’s legal advisers, aides and others spilled into public view in a quickly withdrawn court filing last month, revealing details of efforts to gain access to secret intelligence about the election, to replace the attorney general with former Justice Department official Jeffrey Clark and to reverse the department’s finding that Biden had been elected fairly. The filing also described Perry’s discussions with Pennsylvania state officials who supported Trump’s fraud allegations, with private individuals claiming expertise in cybersecurity and with attorneys for Trump’s campaign.

Tuesday’s order will determine which messages investigators with special counsel Jack Smith can actually use as potential evidence in any case, pending an expected renewed appeal by Perry, part of legal fight that has tied up the records for more than a year.

Read more at the WaPo.

That’s it for me today. What are your thoughts? What stories are you following?


Tuesday Reads: Gordon Gekko for President?

Good morning! Today is the New Hampshire primary. We’ll live blog the returns later tonight. As of last night, Gordon Gekko Mitt Romney had a big lead in the polls, with Ron Paul second and John Huntsman and Rick Santorum tied for third place.

Romney, the former governor of neighboring Massachusetts, holds a 24 percentage point lead over his closest rival, with 41 percent of likely Republican primary voters indicating they’d vote for him, the WMUR New Hampshire Primary Poll said.

U.S. Rep. Ron Paul from Texas was favored by 17 percent of likely primary voters, followed by former Utah Gov. Jon Huntsman and former U.S. Sen. Rick Santorum of Pennsylvania, each with 11 percent, and former House Speaker Newt Gingrich collecting 8 percent.

Several polls indicated Gingrich would finish in the top three.

“All of the candidates behind Romney have a good chance finishing anywhere between second and fifth place,” said Andrew Smith, director of the UNH Survey Center in Durham.

Yesterday Romney stepped in it again when he told an audience that he really likes firing people.

The final day of campaigning saw Romney under fire for a comment about health insurance that quickly became fodder for criticism.

Asked about the issue in Nashua, New Hampshire, Romney said he wanted a person to be able to own his or her own policy “and perhaps keep it the rest of their life.”

“That means the insurance company will have the incentive to keep you healthy. It also means if you don’t like what they do, you can fire them,” he said.

“I like being able to fire people who provide services to me,” Romney added. “If someone doesn’t give me the good service I need, I want to say I am going to get somebody else to provide that service to me.”

Romney complained that everyone was taking his remarks out of context, but when you’re a former corporate raider worth $250 million, it’s probably a good idea to watch what you say about putting people out of work.

Anyway, the latest meme about Romney is that he’s Gordon Gekko brought to life. I think it’s a pretty good comparison. I don’t know if you recall the quote from the recent Vanity Fair profile of Romney that I included in a recent post:

Romney described himself as driven by a core economic credo, that capitalism is a form of “creative destruction.” This theory, espoused in the 1940s by the economist Joseph Schumpeter and later touted by former Federal Reserve Board chairman Alan Greenspan, holds that business must exist in a state of ceaseless revolution. A thriving economy changes from within, Schumpeter wrote in his landmark book, Capitalism, Socialism and Democracy, “incessantly destroying the old one, incessantly creating a new one.” But as even the theory’s proponents acknowledged, such destruction could bankrupt companies, upending lives and communities, and raise questions about society’s role in softening some of the harsher consequences.

Romney, for his part, contrasted the capitalistic benefits of creative destruction with what happened in controlled economies, in which jobs might be protected but productivity and competitiveness falters. Far better, Romney wrote in his book No Apology, “for governments to stand aside and allow the creative destruction inherent in a free economy.” He acknowledged that it is “unquestionably stressful—on workers, managers, owners, bankers, suppliers, customers, and the communities that surround the affected businesses.” But it was necessary to rebuild a moribund company and economy.

That sure sounds Gekko-like, doesn’t it?

Yesterday, Rick Klein of ABC News addressed the Romney/Gekko issue.

Virtually all of Romney’s rivals are now sensing a powerful issue. Jon Huntsman said today that the firing comment shows that Romney is “completely out of touch” with the American economy.

Rick Perry, skipping ahead a state, is calling it the “ultimate insult for Mitt Romney to come to South Carolina and tell you he feels your pain, because he caused it.”

Gingrich is equating Romney’s business style with finding “clever legal ways to loot a company.” Rick Santorum’s stump speech includes a line about not needing a CEO as president, and he suggested at ABC’s Saturday night debate in New Hampshire that Romney’s background calls into question whether he “can inspire and paint a positive vision for this country.”

Romney hasn’t made matters easier for himself as he’s tried to connect with voters on the economy. The son of a millionaire business titan said over the weekend: “I know what it’s like to worry about whether or not you are going to get fired.”

Klein claims it’s too late for any of this to affect the New Hampshire primary results. I wouldn’t be so sure. New Hampshirites are famous for making up their minds at the last minute. Remember Hillary’s surprise win in 2008?

Romney has been expecting the Gordon Gekko comparisons, so you have to wonder why he hasn’t managed to curb some of these Gekko-like remarks.  I guess he just can’t help himself.

Mitt Romney says he knows a photo in which he appears with other executives at Bain Capital LLC posing with cash in their hands, pockets and mouths will be used against him if he wins the Republican presidential nomination.

The 1980s image — called the “Gordon Gekko” photo by some Democrats, a reference to the Michael Douglas character in the movie “Wall Street” — offers an easy attack line at a time of high unemployment and sharp rhetoric against the nation’s top money managers, investors and bankers.

“We posed for a picture, just celebrating the fact that we had raised a lot of money and then we hoped to be able to return it with a good return,” Romney said on “Fox News Sunday.”

Here’s Romney’s defense of the photo on Fox News Sunday.

Andrew Leonard of Salon also discussed the comparison of Romney with Gekko.

Like Gekko, Romney made his fortune buying and selling companies; and like Gekko, he believes that his “greed is good” version of rough-and-tumble creative destruction is a positive force for America, weeding out the bad performers and nurturing lean-and-mean profit engines. If you are looking for the paradigmatic exemplar of the new style of capitalism mogul launched by the Reagan revolution, Romney is your man. Michael Douglas’ Gordon Gekko is merely ersatz.

But what Leonard finds so amazing is that this attack on Romney and his leverage buyouts is being led Newt Gingrich.

The shock is to see Newt Gingrich and his financial backers channeling the Oliver Stone critique so passionately and wholeheartedly. If you have not seen the three-minute advertisement “When Romney Came to Town,” the soon-to-be debuted documentary lambasting Romney as the enemy of the American worker, prepare to be flabbergasted.

“Their greed was only matched by their willingness to do anything to make millions in profits.”

“This film is about one such raider and his firm.”

“His mission: To reap massive rewards for himself and his investors.

“Romney took foreign seed money from Latin America, and began a pattern exploiting dozens of American businesses.”

And so on. Michael Moore doesn’t sting this hard, and MoveOn isn’t this angry. If Romney, as expected, ends up winning the Republican nomination, Obama’s campaign team can relax. Their work has already been done.

Here’s the trailer for the 27-minute documentary that Gingrich backers have purchased.


Politico calls it “the Bain Bomb.”

While conservatives look unlikely to unite around one alternative to Romney, the campaigns themselves are uniting around the theme that the former head of Bain Capital looted companies, tossed people out of jobs and is now exaggerating his success at the venture capital firm.

In the context of this moment in American politics, in which frustration with the privileged is boiling hot, the attack, from Republicans on one side and the Obama campaign on the other, will test Romney. If he ends up looking more like an opportunist who profited for the few than like a man who created jobs for the many, it’s hard to imagine his polls numbers won’t drop.

Conservative bloggers, who generally can’t stand Romney have begun defending him against his rivals attacks, and Dana Millback called Romney “the Scrooge McDuck of the 2012 presidential race. Bloomberg reports that buyout firms are getting nervous about damage to their reputations.

This could be fun to watch. I thought Newt’s attack on Romney yesterday was spot on.

Is Romney full of shit or what? He even makes Newt Gingrich look good. I hope Newt sticks around and continues letting it all hang out. Every single word he said about Romney was the truth.

I’m going to wrap this up with a more serious take on Romney from Robert Reich: Mitt: Son of “Citizen’s United.” I had forgotten that Reich ran for governor of Massachusetts in the the Democratic primary in 2002. Please go read the whole thing and try not to weep while you’re doing it.

As Reich says, Romney is the ultimate big money candidate. He was in 2002, and now with the help of the Roberts Court, he has more money than any candidate ever dreamed of before. If you thought Obama was the candidate of Wall Street–and he was in 2008–Romney is soooo much more so. He has money and connections that make Obama’s fundraising look pathetic. And none of this money even needs to be reported–it could be coming from overseas, even from foreign governments, and we’d never know.

Tonight we’ll find out of any of this barrage of Gordon Gekko/Mitt Romney comparisons will have any effect. I’m rooting for Romney to be taken down a peg. And then on to South Carolina!

Please share your links in the comments, and I hope to see you tonight for the live blog.