Lazy Caturday Reads With Weird Medieval Cats

ugly-cat9Good Morning!!

Two hundred and fifty years ago today, a bunch of protesters in Boston staged a demonstration in our country’s a long fight for democracy. From WCVB Boston: ‘Grand-scale’ reenactment planned for 250th anniversary of Boston Tea Party.

The 250th anniversary of the Boston Tea Party, a pivotal event on the road to the American Revolution, will be marked with a series of events in the city on Saturday, culminating in a reenactment of the destruction of the tea.

On Dec. 16, 2023, the Sons of Liberty stormed aboard the brig Beaver and ship Eleanor to destroy wooden chests of East India Company tea. They dumped more than 300 crates of tea into Boston Harbor to protest taxes imposed on the colonies, who did not have representation in Parliament.

Two-and-a-half centuries after that famous act of defiance, reenactors plan to recreate the historic event starting at 8 p.m. Saturday. Members of the public are invited to the Harborwalk at 510 Atlantic Ave. to witness the reenactment.

“When history asked Boston in 1773 if we were willing to do what it takes to defend our liberties, we took tea leaves for ink and made the ocean our page,” Boston Mayor Michelle Wu said.

Earlier Saturday, a series of other events are planned:

  1. 4 p.m. to 5 p.m.: An outdoor screening at Faneuil Hall plaza of “Faneuil Hall and the Boston Tea Party: A protest in principle. A retrospective on revolution.” Free tickets to this event are sold out.
  2. 6 p.m. to 7 p.m.: Reenactors portraying citizens of colonial Boston will present news of the tea crisis at Downtown Crossing, Reader’s Plaza at Milk St. and Washington St.
  3. 6:15 p.m. to 7:30 p.m.: Reenactors will recreate a vigorous debate inside Old South Meeting House, which hosted several meetings about the tea crisis, including the final meeting before Samuel Adams gave the signal that started the Boston Tea Party. Tickets for this event are sold out.
  4. 7:30 p.m. to 8 p.m.: A fife and drum corps will lead a rolling rally from Old South Meeting House to the Harborwalk for the tea party reenactment.

From The Los Angeles Times Editorial Board: Editorial: The Boston Tea Party 250 years later, and we’re still fighting for democracy.

In the 250 years since members of the Sons of Liberty boarded ships in Boston Harbor to dump their cargo of imported tea overboard — on Dec. 16, 1773 — the right to protest over inadequate representation has been a central liberty of Americans.

There was already broad agreement in 18th century Britain and its American colonies that taxation without representation violated a supposedly free person’s rights.

ugly-cat6But the British government had a far more limited view of what constitutes actual representation than the Colonists did. Parliament asserted that it represented the people in Britain’s American colonies even if they had no role in electing it.

After the Sons of Liberty action, Americans began to feel differently. A mercantile protest against tax breaks and corporate welfare for a private but influential monopoly (the British East India Co.) became a blow against the entire panoply of legislation and taxation adopted to coerce loyalty to the crown and Parliament.

The principle of no taxation without representation became increasingly about the definition of representation.

In the ensuing two and a half centuries, the American republic has moved in fits and starts toward perfecting democratic representation. It has had a very long way to go. Enslaved Africans and their descendants, Native Americans on reservations and women were represented in government in name only until recently, without voting power, the same way British Parliament once claimed to represent people who had no ability to say “yes” or “no” to their supposed delegates. In a sense, American democracy did not actually come into being until 1965, when the Voting Rights Act finally guaranteed Black voters equal rights to elect their government officials.

The fight isn’t over. Court rulings have permitted racial and partisan gerrymandering that undermine the Voting Rights Act and weaken the principle of one-person, one-vote — itself a fairly recent principle in American democracy. Residents of the District of Columbia will tell you, accurately, that they are taxed without representation. In many states, people who have served time for felonies cannot regain their right to vote, at least not without re-enfranchisement procedures so cumbersome as to be practically impossible….

In observing the semiquincentennial of the Boston Tea Party, it’s important to recall that although it began as an anti-tax protest, it was ultimately about the true meaning of representative government. The people of Boston in 1773 were unwilling to support a government in which they had no say. The Tea Party’s proper legacy is the continuing fight for fuller, more representative voting rights.

If you’d like a longer read about the Boston Tea Party, the long struggle for democracy in the U.S. and the unique dangers to liberty we face today, check out this interesting piece in The New York Times by Jennifer Schluessler: The Boston Tea Party Turns 250 and Raises 21st-Century Questions.

Yesterday was a very bad day for Rudy Giuliani. Eileen Sullivan at The New York Times: Jury Orders Giuliani to Pay $148 Million to Election Workers He Defamed.

A jury on Friday ordered Rudolph W. Giuliani to pay $148 million to two former Georgia election workers who said he had destroyed their reputations with lies that they tried to steal the 2020 election from Donald J. Trump.

Judge Beryl A. Howell of the Federal District Court in Washington had already ruled that Mr. Giuliani had defamed the two workers, Ruby Freeman and Shaye Moss. The jury had been asked to decide only on the amount of the damages.

ugly-cat15The jury awarded Ms. Freeman and Ms. Moss a combined $75 million in punitive damages. It also ordered Mr. Giuliani to pay compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss, as well as $20 million to each of them for emotional suffering.

Mr. Giuliani, who helped lead Mr. Trump’s effort to remain in office after his defeat in the 2020 election but has endured a string of legal and financial setbacks since then, was defiant after the proceeding.

“I don’t regret a damn thing,” he said outside the courthouse, suggesting that he would appeal and that he stood by his assertions about the two women.

He said that the torrent of attacks and threats the women received from Trump supporters were “abominable” and “deplorable,” but that he was not responsible for them.

His lawyer, Joseph Sibley IV, had also argued that Mr. Giuliani, the former New York mayor and federal prosecutor, should not be held responsible for abuse directed to Ms. Freeman and Ms. Moss by others.

Mr. Sibley had warned that an award of the scale being sought by the women would be the civil equivalent of the death penalty for his client. Outside the courthouse on Friday, Mr. Giuliani called the amount “absurd.”

Break out the tiny violin. A bit more:

Over hours of emotional testimony during the civil trial in Washington, Ms. Freeman and Ms. Moss described how their lives had been completely upended after Dec. 3, 2020, when Mr. Giuliani first suggested that they had engaged in election fraud to tilt the result against Mr. Trump in Georgia, a critical swing state.

The women, who are Black and are mother and daughter, were soon flooded with expletive-laden phone calls and messages, threats, and racist attacks, they testified. People said they should be hanged for treason or lynched; others told them they fantasized about hearing the sound of their necks snapping.

They showed up at Ms. Freeman’s home. They tried to execute a citizen’s arrest of Ms. Moss at her grandmother’s house. They called Ms. Moss’s 14-year-old son’s cellphone so much that it interfered with his virtual classes, and he finished his first year of high school with failing grades.

“This all started with one tweet,” Ms. Freeman told the jury, referring to a social media post from Mr. Giuliani saying, “WATCH: Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes.”

All lies, of course.

No one knows how much Rudy is worth these days, because he refused to provide information on his assets to the court. But it’s highly unlikely he has anything like the millions he’s been ordered to pay. Of course, he’s planning to appeal.

ugly-cat3From CBS News: What is Rudy Giuliani’s net worth in 2023? Here’s a look into his assets amid defamation trial.

Rudy Giuliani followed his time in public service with a lucrative career in the private sector that turned him into a multimillionaire. But the former New York mayor now faces legal damages of $148 million in a defamation case filed by two Georgia election workers.

A jury of eight Washington, D.C., residents ruled Giuliani must pay $148 million to the election workers, Ruby Freeman and her daughter, Wandrea “Shaye” Moss. Their attorneys had asked the jurors to award $24 million each in damages. Giuliani was earlier found liable for several defamation claims against them.

The jury on Friday said the former mayor must pay $16.2 million to Freeman and $17 million to Freeman, as well as $20 million to each for emotional distress and an additional $75 million in punitive damages.

So how much is he worth today?

Giuliani’s current net worth could be worth less than $50 million, based on his attorney’s comment that the damages sought by Moss and Freeman would “be the end” of him.

About 15 years ago, Giuliani’s net worth was more than $50 million, with $15 million of that total from his business activities, including his work with lobbying firm Giuliani Partners, according to CNN. At the time, he earned about $17 million a year, the news outlet reported.

How much has Giuliani’s net worth changed over the years?

Giuliani faces considerable expenses, hurt by a third divorce and pricey lawsuits, and signs suggest they have taken a financial toll. To generate cash, he’s sold 9/11 shirts for $911 and pitched sandals sold by Donald Trump ally Mike Lindell. He also started selling video messages on Cameo for $325 a pop, although his page on the site says Giuliani is no longer available.

Giuliani owes about $3 million in legal fees, according to The New York Times. He earns about $400,00 a year from a radio show and also receives some income from a podcast, but it’s not enough to cover his debts, the newspaper reported. Earlier this year, Giuliani’s long-term attorney sued him, alleging that the former mayor owes him almost $1.4 million in legal fees.

Meanwhile, Giuliani in July listed his Manhattan apartment for $6.5 million, and it was still available in mid-December, according to Sotheby’s. The 3-bedroom, 3-bathroom co-op includes a library with a wood-burning fireplace and a butler’s pantry.

Unfortunately, Trump is still in the news. Here’s what’s happening with the narcissistic wannabe dictator.

From The Wall Street Journal: The Conservative Coterie Behind Trump’s Second-Term Agenda. A small group of loyalists is influencing his campaign policy plans, as many past top aides have broken with the former president.

When Donald Trump sat down in the office of his Bedminster, N.J., golf club late this summer to flesh out his trade and border policy, familiar faces were across from him: Robert Lighthizer and Russell Vought, two of the architects of the former president’s populist first-term record.

ugly-cat16Trump’s former trade representative and White House budget director, respectively, are part of a cadre of allies helping him shape policy proposals across a range of topics, laying the groundwork for what would be an aggressive and controversial second-term agenda.

The group—which also includes Stephen Miller, driver of hard-line immigration policies, former Housing Secretary Ben Carson and John Ratcliffe, former director of national intelligence, among others—is stocked with veterans of Trump’s first term who are closely aligned with his vision of protectionist economic policies and an isolationist approach to foreign policy. 

They are likely to take key administration roles should Trump win the election, according to the campaign, which has worked to counter speculation over Trump’s inner circle and policy-formulation process.

Importantly for Trump, these figures have stuck by him following his loss to President Biden in 2020, unlike the many past cabinet officials and other top aides who now oppose him. Trump’s first term was marked by dissension, with policy disagreements and personality clashes leading to heated Oval Office arguments and damaging leaks to reporters.

In contrast, aides say, the current group of Trump confidantes is on the same page. Whether such harmony could be preserved in an actual second Trump administration—which would include hundreds more aides and a full cabinet—is less clear.

This is pretty much the same agenda that The Washington Post and The New York Times have described recently.

Trump’s policy development, like much of what he has brought to government, is unorthodox—a mix of his gut instincts and working style. He eschews traditional meetings and flowcharts, aides say, and instead draws on his experience in business and direct conversations with an extended network of contacts of longtime friends, CEOs and people he has met in politics. He often pits one viewpoint against another, a hallmark of his first tenure in office.

Flights to and from campaign events have turned into policy huddles with staff and are where Trump reads articles, instructing aides to get someone on the phone when they land or the following day, according to people involved in the discussions.

His policy agenda has excited core supporters while alarming Democrats and some Republicans.

ugly-cat8“He’s been pretty clear in saying he will use the levers of government to go after his political opponents, which is anathema to conservatives,” said Marc Short, who served in the Trump administration and was a top adviser to former Vice President Mike Pence’s presidential campaign. Short said Trump’s 2016 platform appealed to the party in part by focusing on appointing conservative judges and cutting taxes.

Other key people Trump and his team are in regular communication with over policy ideas—and who could take important administration roles—include the following:

  • Brandon Judd, president of the National Border Patrol Council, the union representing border agents
  • Matt Whitaker, former acting attorney general, who took over after Jeff Sessions was forced out of the job

There’s more at the link. I got in by clicking the link at Memeorandum.

Another article about Trump’s plans at Politico: The Crazy Conservative Scheme to Make Trump Look Normal: Rehabilitate Nixon.

Among a small but influential group of young conservative activists and intellectuals, “Tricky Dick” is making a quiet — but notable — comeback. Long condemned by both Democrats and Republicans as the “crook” that he infamously swore not to be, Nixon is reemerging in some conservative circles as a paragon of populist power, a noble warrior who was unjustly consigned to the black list of American history.

Across the right-of-center media sphere, examples of Nixonmania abound. Online, popular conservative activists are studying the history of Nixon’s presidency as a “blueprint for counter-revolution” in the 21st century. In the pages of small conservative magazines, readers can meet the “New Nixonians” who are studying up on Nixon’s foreign policy prowess. On TikTok, users can scroll through meme-ified homages to Nixon. And in the weirdest (and most irony laden) corners of the internet, Nixon stans are even swooning over the former president’s swarthy good looks.

“I’ve always been pretty fascinated with him,” said Curt Mills, a conservative journalist and self-professed Nixon fan. (Mills has contributed to POLITICO Magazine.) “I think the Nixon story is really an American story. He really is this guy who is from nowhere, and he’s just absolutely reviled … [but] I do think he has this charisma that’s sort of underrated.”

ugly-cat7The Nixon renaissance is being driven in part by young conservatives’ genuine interest in Nixon, whom Mills colorfully described as “our Shakespearean president.” But when pressed about their pro-Nixon views, even his most sincere supporters readily admit that the Nixon-mania isn’t being driven solely — or even primarily — by academic interest in Nixon. Instead, the populist right’s ongoing effort to rehabilitate Nixon, which is unfolding against the backdrop of the 2024 Republican primary, is really about another divisive former Republican president: Donald Trump.

In the topsy-turvy historical tableau of 2023, to defend Nixon is to back Trump — and to rescue the former from historical ignominy is, according to the thinking of some young conservatives, to save the latter from the same fate.

“If we can rehabilitate Richard Nixon in a balanced and fair manner — or even if we can just create questions in the public discourse about Nixon and about Nixon’s presidency — then I think, by way of analogy, it will provoke similar questions about Donald Trump,” said the conservative activist Christopher Rufo, who published a lengthy defense of Nixon earlier this year for City Journal. “It will give us the kind of template, it will give us the precedents, it will give us the skills, where we can more effectively defend a conservative president against these kinds of attacks.”

Read the rest at Politico, if you can handle it.

Time Magazine has a piece about Texas abortion laws and Kate Cox, the woman who fled the state in order to get abortion care after learning she was carrying a non-viable fetus and faced the prospect of losing her ability to have children in the future: That Texas Abortion Case Is Even Worse Than You Think.

So much of the national conversation this week has been about Kate Cox, the 31-year-old mom who had to flee Texas to have an abortion to end a doomed pregnancy as the state’s Supreme Court slowly decided to substitute its judgment for her doctor’s advice.

But what’s been missing from most of the talk about this case is this reality: Texas has at least three separate laws on the books designed to make getting an abortion nearly impossible. Those overlapping, vague statutes not only create one of the most restrictive environments in the country for reproductive rights, but shaped Cox’s case in ways that many following her ordeal likely missed. It also shows how even minor details can matter, especially when judges have political bents and time is an urgent component.

ugly-cat2To understand the lay of the land that Cox, her family, and her doctor were facing, we need to look at what Texas lawmakers put in place before Dobbs, the 2022 case that invalidated a half-century of protections enshrined in Roe v. Wade. A year earlier, Texas passed a so-called “trigger ban” that would outlaw abortions should the Supreme Court overturn Roe. We’ll call this Ban A. It serves up a felony life sentence for health care providers who perform abortions and a $100,000 fine.

A second 2021 law—let’s call it Ban B—was a novel attempt at effectively banning most abortions in Texas without waiting for the Supreme Court to give permission, and it largely succeeded. That law runs along civil lines by deputizing neighbors and strangers to enforce it through lawsuits. Under Ban B (also known as S.B. 8), even an Uber driver who ferries a customer to a place where abortions are performed can be civilly charged. Critics have labeled it a Bounty Law. Yet unlike Ban A, Ban B isn’t a complete ban, though it functions as one in practice. It blocks most pregnant individuals from seeking an abortion after about six weeks, or when lawmakers decided there exists a beating “fetal heart”—a term doctors do not use, because a fetus at that point does not yet have a heart. (What abortion opponents describe as a heartbeat at that stage is actually the electrical impulses developing cells start to emit.)

Finally, there is Ban C, which are the pre-Roe laws in Texas, dating back to the state’s first criminal code of 1857. At that time, the state had a ban on abortion—including the funding of it—except in cases when the pregnant person’s life was at risk. The penalty? Five years in prison for those providing the care. Texas officials have asserted that those laws snapped back into effect when Roe fell.

All three abortion bans include language that provides exceptions when the health of the pregnant person is in question, although the specific definitions and conditions are different and vague. (None, it also should be noted, holds the pregnant party criminally liable.)

This all created a legal and medical minefield for Kate Cox, the Dallas-area mother of two who has been public about wanting, in her words, “a large family.” When Cox and her family learned the fetus she was carrying had tested positive for a genetic condition that almost always results in a miscarriage or stillbirth, she took action. She had already been to the hospital four times in two weeks seeking emergency attention and worried what this troubled pregnancy would mean for her future potential; her doctor agreed that an abortion would leave her with the greatest potential for a pregnancy at a future date.

There’s much more at the link.

You’ve probably heard about the latest horror story in Israel’s war with Hamas. The IDF accidentally killed three Israeli hostages. From the Guardian: IDF says Israeli hostages it killed in Gaza were bare chested and waving white flag.

Three Israeli hostages killed by the Israel Defence Forces in Gaza were bare chested and carrying a white flag when they were shot, according to an initial military investigation.

The killing of the three men – who were kidnapped by Hamas on 7 October during its assault on southern Israel – has triggered widespread anger and incredulity in Israel amid a mounting sense of anxiety over the safety of the remaining hostages in Gaza.

According to reports of the IDF probe in the Israeli media, the three men Yotam Haim, Samer El-Talalka and Alon Shamriz – all in their 20s – had somehow escaped their captors and were approaching an IDF position in the Shejaiya area of Gaza City where there has been heavy fighting.

One of the men was carrying a stick with a white cloth tied to it and all had removed their shirts. Spotting the three, an Israeli soldier on a rooftop, however, opened fire on the men, shouting “Terrorists!”.

While two of the hostages fell to the ground immediately, the third fled into a nearby building. When a commander arrived on the scene, the unit was ordered into the building where it killed the third hostage despite his pleas for help in Hebrew.

It emerged too that the IDF had identified a nearby building marked with “SOS” and “Help! Three hostages” two days earlier but had believed it might be a trap.

As the first details of the killing were released by the IDF on Friday night, after most Israelis had begun to mark Shabbat, the Jewish day of rest, a hastily called demonstration converged on the Kirya, Israel’s sprawling military headquarters compound in Tel Aviv.

Chanting “Shame”, “There’s no time” and “Deal now!” – the last a demand for a new ceasefire agreement with Hamas and a hostage exchange – the protesters represent a growing thread of anger in Israel at the way in which the war is being prosecuted, as the situation of the remaining hostages in Gaza has taken a series of dark of turns in the past week.

There’s much more at the link.

That’s all I have for you today. I hope you all have a terrific weekend!


Tuesday Reads: Republicans Fight the Law; Will the Law Win?

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Hans Thoma (1839–1924) Goldene Zeit, 1876.

Good Afternoon!!

Remember that so-called “whistleblower” that House Republicans were so excited about? They claimed to have a witness who would blow their “Biden family corruption” case wide open. Then the witness supposedly disappeared and they had no idea where he was. Well, yesterday the DOJ indicted the guy. It turns out he’s an agent for China.

The Daily Beast: GOP’s ‘Missing’ Biden Probe Witness Faces Laundry List of Federal Charges.

The “missing” witness long-touted by Republicans in Congress as the missing link to their probe into alleged Biden family corruption was accused Monday of being an unregistered foreign agent for China and an international arms trafficker while violating U.S. sanctions on Iran and lying to investigators, among a laundry list of other federal charges.

Dual U.S.-Israeli citizen Gal Luft had already skipped out on his bail while in Cyprus awaiting extradition to the U.S. for a separate case in March—though he alleges that the sprawling case against him represents political persecution and retaliation by the Biden administration against a potential witness.

The House Oversight Committee has for months touted a secret “informant” who could provide evidence of an alleged “quid pro quo” deal for foreign aid between an Obama-era Biden and an unnamed country—though details of the arrangement remain murky and unverified at best.

Those claims partially unraveled when Rep. James Comer (R-KY) in May held a much-hyped press conference in which he promised to expose the preliminary findings of four months’ worth of scrutiny into the Biden family’s business dealings—while failing to air any real evidence of corruption. He then offered a partial excuse for the failure: their star witness had up and disappeared….

Luft then came forward days later in an interview with New York Post opinion columnist Miranda Devine, alleging that he was hiding out in an undisclosed location after being arrested on five charges, including arms dealing across the Third World, as well as a violation of the Foreign Agents Registration Act, among other charges.

“The chances of me getting a fair trial in Washington are virtually zero,” he told Devine as the reason he skipped out on his bail. “I had to do what I had to do.”

Comer and other Republican House members continued to tout Luft as a credible witness right up until Friday, the day before charges were announced by the SDNY.

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

Rolf Nesch (Germany 1893-1975 Norway), Swans, from Esslingen

More information on Luft from The Independent: ‘Whistleblower’ who accused Bidens of corruption is charged with arms trafficking and violating Iran sanctions.

A “whistleblower” who has repeatedly accused the Bidens of corruption has been charged by the Justice Department with arms trafficking, acting as a foreign agent for China and violating Iran sanctions.

Gal Luft, who is a citizen of both the United States and Israel, is accused of paying a former adviser to Donald Trump on behalf of principals in China in 2016 without registering as a foreign agent.

Prosecutors say that Mr Luft pushed the former government employee, who is not named, to push policies that were favourable to China.

They also allege that he set up meetings between officials of Iran and a Chinese energy company to discuss oil deals, which would violate US sanctions.

They also alleged that Mr Luft “conspired with others and attempted to broker illicit arms transactions with, among others, certain Chinese individuals and entities” by working as a middleman to find both buyers and sellers for “certain weapons and other materials” in violation of the US Arms Control Act.

Specifically, prosecutors say he attempted to broker a sale of anti-tank weapons, grenade launchers and mortar rounds to Libya by Chinese companies, and also pushed to arrange for the United Arab Emirates to purchase bombs and rockets, and for Kenya to acquire unmanned aerial vehicles capable of striking targets on the ground.

He sounds like a great witness for the Republican “investigations.”

Mr Luft, 57, was arrested in Cyprus in February on US charges but fled after being released on bail while awaiting extradition and is not currently in US custody.

US Attorney for the Southern District of New York Damian Williams said in a statement that Mr Luft “engaged in multiple, serious criminal schemes”.

“He subverted foreign agent registration laws in the United States to seek to promote Chinese policies by acting through a former high-ranking U.S. Government official; he acted as a broker in deals for dangerous weapons and Iranian oil; and he told multiple lies about his crimes to law enforcement,” Mr Williams said.

“As the charges unsealed today reflect, our Office will continue to work vigorously with our law enforcement partners to detect and hold accountable those who surreptitiously attempt to perpetrate malign foreign influence campaigns here in the United States”.

Comer was still defending this guy as a credible witness last night on NewsMax.

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Frits Thaulow, Norwegian, Summer Day in the Garden, 1880

Yesterday Judge Cannon granted a short delay in for Walt Nauta to appear in the Mar-a-Lago stolen documents case.

Raw Story: Judge Aileen Cannon grants ‘unnecessary’ delay in Trump documents case.

Controversial U.S. District Judge Aileen Cannon granted a delay for Donald Trump’s aide and co-defendant Walt Nauta in a classified documents case. Prosecutors have called the delay “unnecessary.”

In a filing on Monday, Nauta’s team asked to delay Friday’s hearing, which was set to determine how some materials would be handled in the trial. The attorneys did not propose a date for the new hearing.

“An indefinite continuance is unnecessary, will inject additional delay in this case, and is contrary to the public interest,” special counsel Jack Smith said in a subsequent filing on Monday.

On Tuesday, Cannon granted a 4-day delay, setting the new hearing for July 18 at 2:00 P.M. A court filing said Trump and Smith had agreed to the new date.

This is obviously part of Trump’s usual strategy of delaying court cases as long as possible. Now the Trump lawyers are trying to get Cannon to delay the case until after the 2024 election!

The New York Times: Trump Lawyers Seek Indefinite Postponement of Documents Trial.

Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.

The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.

While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.

There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely….

Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.

This really is a test for Cannon. If she grants such a delay, she should be replaced.

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Albert Marquet (1875-1947), Baigneurs à Carqueiranne (1938)

Here are some details on the Trump filing, from the TPM Morning Memo, by David Kurtz.

Some of the filing is the usual defense counsel performative moaning and groaning and sighing heavily about all the work involved and the inherent advantages prosecutors have over them because they’ve long had access to the evidence, blah blah blah. To that end, Trump wants U.S. District Judge Aileen Cannon to:

  • withdraw her order for an August 2023 trial;
  • reject DOJ’s proposal for a December 2023 trial; and
  • postpone indefinitely even setting a trial date.

But there’s more than the usual slow-rolling going on here. And it matters to the big question of whether Cannon can and will keep the Mar-a-Lago case on track for a trial before the 2024 presidential election.

Trump’s claims in this regard are remarkable:

  • He’s too busy running for president to be put on trial.
  • He’s too busy with other criminal and civil trials to add this one to the calendar.
  • He’s still trying to make the case about the Presidential Records Act (it’s not).
  • “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”
  • You can’t find an impartial jury in the midst of a presidential election.

The overall thrust of the filing by Trump is that a trial before the election is not advisable, though it stops short of saying so explicitly.

One more on the documents case from Jose Pagliery at The Daily Beast: Mar-a-Lago Jury Selection Will Be a MAGA Country Minefield.

The federal judge overseeing Donald Trump’s classified documents trial is taking steps that could stock the jury box with the former president’s supporters.

U.S. District Judge Aileen M. Cannon has set the upcoming trial to open on Aug. 14 at her tiny satellite courthouse in the northern reaches of her district, which stretches from the tropical Florida Keys to the citrus groves halfway up the state.

That decision means Trump’s jurors are set to be drawn from the most brightly red corner of a vast court district, plucked from a community that leans heavily Republican—instead of the highly populous and more Democratic urban areas further south….

Park View, Aksel Jørgensen, Danish, 1909

Park View, Aksel Jørgensen, Danish, 1909

Several Miami lawyers, some of whom asked to remain anonymous because they have active cases before Cannon, noted that Trump’s chances to win what otherwise appears to be an insurmountable criminal case increase the further north he goes.

“You drive around, and you’ll see ‘Trump’ flags and ‘Make America Great Again’ flying in front of houses,” said Paul Bernard, a criminal defense lawyer in Fort Pierce. “With Trump’s trial down this way, he’s going to have a bunch of supporters—and they’re going to make their way onto the jury panel.”

According to local court rules, federal trials in the Fort Pierce division draw jurors from five counties: Highlands, Indian River, Martin, Okeechobee, and St. Lucie.

It’s solidly MAGA country: all five counties voted heavily in favor of Trump in the 2020 election he ultimately lost, with Okeechobee topping out at 72 percent. Across the board, the former president nabbed 62 percent of the vote on average.

Read the whole thing at The Daily Beast link.

There is also news in the Georgia election interference case.

The Atlanta Journal-Constitution: Grand jurors who will consider Trump charges to be selected Tuesday.

The selection of two Fulton County grand juries will be made Tuesday, with one of the panels expected to decide whether to hand up an indictment for alleged criminal interference in the 2020 presidential election.

One set of jurors is likely to be asked to bring formal charges against former President Donald Trump and other well-known political and legal figures. In a letter to county officials almost two months ago, District Attorney Fani Willis indicated the indictment could be obtained at some point between July 31 and Aug. 18.

Willis began her investigation shortly after hearing the leaked Jan. 2, 2021, phone call in which Trump asked Secretary of State Brad Raffensperger to “find” the 11,780 votes he needed to defeat Joe Biden in Georgia. She later convened a special purpose grand jury which examined evidence and heard testimony over an almost eight-month period. Its final report, only part of which has been made public, recommended multiple people be indicted for alleged crimes.

Ravens, by Päivi Ollila (Finnish, b. 1982)Superior Court Judge Robert McBurney, who oversaw the special purpose grand jury, will preside over Tuesday’s selection of the two grand juries for this term of court.

Each panel will have 23 grand jurors, plus three alternates. One panel will meet Mondays and Tuesdays, the other Thursdays and Fridays. Both will work in secret and are expected to decide whether to hand up indictments in hundreds of cases. It is unclear which one will consider the much-anticipated election-meddling case.

When a grand jury meets, at least 16 members must be present to conduct business. At least 12 grand jurors must vote to bring an indictment. The burden of proof is much lower for a grand jury to indict someone than it is for a jury to convict or acquit someone and grand jurors typically hear only from the prosecution.

It sounds like indictments could be coming soon.

One more story out of Georgia, from Kaitlyn Polantz at CNN: Rudy Giuliani is negotiating possible resolution to lawsuit brought by 2 Georgia election workers.

Rudy Giuliani is negotiating a possible resolution in his ongoing court dispute with former Georgia election workers Wandrea “Shaye” Moss and Ruby Freeman, after they accused him of defaming them following the 2020 election and already won nearly $90,000 from him for attorneys’ fees.

The lawsuit from Moss and her mother, Freeman, presents a significant risk to Giuliani financially. It also comes at a time when the former New York mayor and Manhattan prosecutor is attempting to fend off two disbarment proceedings, as well as interest from special counsel Jack Smith’s office, which is criminally investigating Donald Trump’s response to the 2020 vote, of which Giuliani was a central player.

In a court filing late Friday, Moss and Freeman’s legal team disclosed that Giuliani’s lawyer approached them on Thursday “to discuss a potential negotiated resolution of issues that would resolve large portions of this litigation and otherwise give rise to Plaintiffs’ anticipated request for sanctions.”

“Counsel for both parties have worked diligently to negotiate a resolution and believe they are close,” Moss and Freeman’s lawyer wrote.

The negotiation is over “certain factual issues regarding Defendant Giuliani’s liability,” the court filing also said.

Another update on the negotiations is expected in court on Tuesday….

Moss and Freeman accuse Giuliani of scapegoating them in a fabricated effort to undermine how votes were counted in Georgia in 2020.

That’s all I have for you today–lots of legal news involving corrupt Republicans. What else is new?


Thursday Reads

Good Afternoon!!

Oskar Bergman, Spring Birches and Red Cottages by the Sea

Oskar Bergman, Spring Birches and Red Cottages by the Sea

You probably saw the incredible story that The Washington Post broke yesterday about FBI agents living in fear of Donald Trump. Some were so scared that they wanted to treat Trump with kid gloves, even after he stole hundreds of classified documents from the government and refused to return them. So it’s not just elected Republicans who are scared of Trump–even some in law enforcement want to let him get away with serious crimes in order to protect their own careers.

The Washington Post: Showdown before the raid: FBI agents and prosecutors argued over Trump.

Months of disputes between Justice Department prosecutors and FBI agents over how best to try to recover classified documents from Donald Trump’s Mar-a-Lago Club and residence led to a tense showdown near the end of July last year, according to four people familiar with the discussions.

Prosecutors argued that new evidence suggested Trump was knowingly concealing secret documents at his Palm Beach, Fla., home and urged the FBI to conduct a surprise raid at the property. But two senior FBI officials who would be in charge of leading the search resisted the plan as too combative and proposed instead to seek Trump’s permission to search his property, according to the four people, who spoke on the condition of anonymity to describe a sensitive investigation.

Prosecutors ultimately prevailed in that dispute, one of several previously unreported clashes in a tense tug of war between two arms of the Justice Department over how aggressively to pursue a criminal investigation of a former president. The FBI conducted an unprecedented raid on Aug. 8, recovering more than 100 classified items, among them a document describing a foreign government’s military defenses, including its nuclear capabilities.

Starting in May, FBI agents in the Washington field office had sought to slow the probe, urging caution given itsextraordinary sensitivity, the people said.

Some of those field agents wanted to shutter the criminal investigation altogether in early June, after Trump’s legal team asserted a diligent search had beenconducted and all classified records had been turned over, according to somepeople with knowledge of the discussions.

This sounds familiar. Back in 2016, James Comey kept the investigation of Trump and Russia secret, while making public statements about the much less significant investigation of Hillary Clinton’s emails; because FBI agents in the New York office had it in for Hillary and supported Trump. WTF is going on with the FBI? Here’s what Peter Strzok, who lost his job at the FBI because of pressure from Trump, had to say about this news:

https://twitter.com/petestrzok/status/1630919361564164096?s=20

https://twitter.com/petestrzok/status/1630920732753494016?s=20

Back to the WaPo article:

The disagreements stemmed in large part from worries among officials that whatever steps they took in investigating a former president would face intense scrutiny and second-guessing by people inside and outside the government. However, the agents, who typically perform the bulk of the investigative work in cases, and the prosecutors, who guide agents’ work and decide on criminal charges, ultimately focused on very different pitfalls, according to people familiar with their discussions.

On one side, federal prosecutors in the department’s national security division advocated aggressive ways to secure some of the country’s most closely guarded secrets, which they feared Trump was intentionally hiding at Mar-a-Lago; on the other, FBI agents in the Washington field office urged more caution with such a high-profile matter, recommending they take a cooperative rather than confrontational approach.

Both sides were mindful of the intense scrutiny the case was drawing and felt they had to be above reproach while investigating a former president then expected to run for reelection. While trying to follow the Justice Department playbook for classified records probes, investigators on both sides braced for Trump to follow his own playbook of publicly attacking the integrity of their investigation, according to people with knowledge of their discussions.

The FBI agents’ caution also was rooted in the fact that mistakes in prior probes of Hillary Clinton and Trump had proved damaging to the FBI, and the cases subjected the bureau to sustained public attacks from partisans, the people said.

Prosecutors countered that the FBI failing to treat Trump as it had other government employees who were not truthful about classified records could threaten the nation’s security. As evidence surfaced suggesting that Trump or his team was holding back sensitive records, the prosecutors pushed for quick action to recover them, according to the people familiar with the discussions.

It’s a very long piece–head over to the WaPo to read the rest.

Paul Cézanne, Melting Snow

Paul Cézanne, Melting Snow

I have to ask: why does Christopher Wray still have a job? From Jennifer Rubin at The Washington Post: Christopher Wray is getting away with doing a lousy job.

The MAGA right thinks FBI Director Christopher A. Wray is some sort of patsy for Democrats. But the problem is not that Wray, a Trump appointee, is showing favoritism to a Democratic administration. It’s that he is not doing his job when it comes to threats from right-wing authoritarianism.

Don’t take my word for it. The Government Accountability Office issued a report this week concerning the performance of multiple agencies and police units regarding the Jan. 6, 2021, insurrection. Among its findings: The FBI “did not consistently follow agency policies or procedures for processing tips or potential threats because they did not have controls to ensure compliance with policies.”

The extent to which the FBI was aware of credible threats but did not prepare is breathtaking:
In the weeks preceding the January 6 attack on the Capitol, the FBI obtained information across other sources indicating potential threats. Through human source reporting, investigations, and observed activity, the FBI identified the increasing threat of violence at high profile special events, such as the 2020 election and 2021 presidential inauguration. FBI officials we spoke with said that from December 29, 2020, through January 6, 2021, they tracked domestic terrorism subjects that were traveling to Washington, D.C., and developed reports related to January 6 events. As of January 6, 2021, FBI officials noted that the Washington Field Office was tracking 18 domestic terrorism subjects as potential travelers to the D.C. area.
Other information came directly from social media platforms. From October 1, 2020, through January 5, 2021, officials from the FBI we spoke with said they obtained and reviewed 73 potential domestic terrorism related referrals from one social media platform, and obtained one referral on January 4, 2021, related to potential violence in Washington, D.C. on January 6. In addition, the FBI received information from another social media platform from late November 2020 through January 6, 2021, regarding potential violence at January 6 events.

Once the FBI had that information, it did not act upon it with the urgency required. “FBI personnel did not follow policies for processing some tips, resulting in them not being developed into reports that could have been shared with partners. Specifically, the FBI did not process all relevant information related to potential violence on January 6.”

The conclusion: “While the FBI identified and shared threat information, it did not process certain referrals from social media platforms according to policies and procedures and, as a result, it failed to share critical information with all relevant partners.”

Worse, the bureau has not undertaken the kind of systematic self-evaluation needed to correct glaring inadequacies. “The ongoing FBI review of its actions during the weeks preceding January 6, 2021, has not included an assessment of how it processed information. Assessing this process will help determine if the mistakes we identified are isolated or due to a systemic cause.” (Emphasis added.)

Click the link to read the rest.

In other news, Chris Christie thinks Trump will be indicted by this summer. The Independent: Chris Christie explains why he believes Trump will be indicted.

Former New Jersey Governor Chris Christie has said that he thinks former President Donald Trump will be indicted in connection to at least one of the numerous investigations he’s the subject of, as the former president campaigns for the 2024 GOP nomination.

Gabriele Münter, Still Life on the Tram (After Shopping)

Gabriele Münter, Still Life on the Tram (After Shopping)

Mr Christie, who ran against Mr Trump and more than a dozen others in the 2016 Republican primary, spoke to conservative radio host Hugh Hewitt on Wednesday, saying that he believes Mr Trump’s attorneys wouldn’t be able to reject the case of the grand jury in Fulton County, Georgia, even after the jury foreperson made a series of media appearances, prompting criticism towards some of her conduct….

“This is a very difficult case to make off the phone call,” Mr Christie said of the phone conversation between Mr Raffensperger and Mr Trump. “Now I don’t know what their other evidence is. That’s supposed to be the beauty of the grand jury system. And it is so far in this case that you don’t know what all the specific other evidence may be. But based upon what I know publicly, I think it’s a tough case to bring against the former president based upon the information we now know.”

Mr Christie added that Mr Trump appears to be legally vulnerable in connection to the lead-up to the January 6, 2021 insurrection and obstruction of Congress.

“I think the most likely place it will happen is New York. And I think it’s the least harmful matter to him,” he told Mr Hewitt. “If in fact, all they’re looking at is the Stormy Daniels payments….

“I think in terms of the likelihood of indictment, I’d put New York first, the special counsel second, Georgia third. But in terms of the seriousness of the peril for the president, I’d put the special counsel above either of those,” Mr Christie said.

“So in brief, do you expect an indictment by July?” the host asked the ex-governor.

“I expect that New York probably would act. I don’t know whether the special counsel will act by that time, but my guess is that New York would act by that time,” he said.

The New York Times broke some news yesterday on that New York case: Kellyanne Conway Meets With Prosecutors as Trump Inquiry Escalates.

Kellyanne Conway, who managed the final months of Donald J. Trump’s 2016 campaign, met with prosecutors from the Manhattan district attorney’s office on Wednesday, the latest sign that the office is ramping up its criminal investigation into the former president.

The prosecutors are scrutinizing Mr. Trump’s role in a hush money payment to a porn star, Stormy Daniels, who has said she had an affair with him. The $130,000 payment was made by Mr. Trump’s longtime fixer, Michael D. Cohen, in the closing days of the 2016 campaign, and Mr. Trump ultimately reimbursed him.

Mr. Cohen has said that Ms. Conway played a small yet notable role in the payment: she was the person Mr. Cohen alerted after making the payment, he wrote in his 2020 memoir.

“I called Trump to confirm that the transaction was completed, and the documentation all in place, but he didn’t take my call — obviously a very bad sign, in hindsight,” he wrote. Instead, he wrote, Ms. Conway “called and said she’d pass along the good news.”

Ms. Conway, who was seen walking into the district attorney’s office shortly before 2 p.m. on Wednesday, is the latest in a string of witnesses to meet with prosecutors in the last month or so. Since the district attorney, Alvin L. Bragg, impaneled a grand jury in January to hear evidence about Mr. Trump’s role in paying the hush money, at least five witnesses have testified: Jeffrey McConney and Deborah Tarasoff, employees of Mr. Trump’s company; David Pecker and Dylan Howard, two former leaders of The National Enquirer, which helped arrange the hush money deal; and Keith Davidson, a former lawyer for Ms. Daniels.

The decision to question those central players in the hush money saga before the grand jury suggests that Mr. Bragg is nearing a decision on whether to seek an indictment of the former president.

Weasels Playing, Franz Marc

Weasels Playing, Franz Marc

Another possibility for Trump to face some accountability is through a lawsuit by Georgia poll workers Ruby Freeman and Shaye Moss. The Daily Beast: Georgia Poll Workers Pick Up Where Jan. 6 Committee Left Off.

Two Georgia poll workers who were attacked by 2020 election conspiracy theorists are picking up where the Jan. 6 congressional investigation left off—by trying to independently examine the private communications between two of the men behind the firestorm: Rudy Giuliani and former President Donald Trump.

Giuliani, who played a central role in the Republican attempt to overturn the 2020 presidential election as Trump’s lawyer, refused to tell congressional investigators about their conversations, citing attorney-client privilege.

But now, a mother and daughter still reeling from the MAGA harassment are trying to pierce that veil.

Ruby Freeman and Shaye Moss of Fulton County, Georgia, are turning their defamation lawsuit against Giuliani into a no-limits, fact-finding mission, according to an undisclosed letter from their attorneys reviewed exclusively by The Daily Beast.

In their Jan. 13 letter, the pair’s attorneys tell Giuliani’s defense lawyer that his objections to the Jan. 6 Committee’s questions about interactions with Trump “were improper,” warning that they intend to bulldoze right over them.

“Mr. Giuliani invoked privilege during January 6 testimony with respect to certain topics we expect to broach during his… deposition,” said the letter, which was written in anticipation of a closed-door questioning session.

Giuliani was deposed on Wednesday inside a midtown Manhattan skyscraper that serves as the headquarters of Willkie Farr & Gallagher, the high-end international law firm representing the women.

Lawyers for Freeman and Moss said they want to know more about Giuliani’s interactions with Trump, as well as his “correspondence” with the Department of Justice regarding Trump’s mission to overturn the 2020 election, conservative state legislators who were coaxed into publicly doubting the ballot results that year, and fake Republican electors who tried to band together as alternate electoral college votes to supplant the real ones that went for Joe Biden.

There’s much more at the link.

On Tuesday, I posted about the Supreme Court hearing on Biden’s student loan forgiveness plan. According to this story at CNBC, the odds may have shifted toward the Biden administration winning the case: Biden administration lawyer may have saved student loan forgiveness plan at Supreme Court, experts say.

The government’s top Supreme Court lawyer may have saved President Joe Biden’s $400 billion student loan forgiveness plan from what experts considered all but certain defeat.

Experts lobbed praise on Solicitor General Elizabeth Prelogar, the lawyer who represented the Biden administration in front of the nine justices Tuesday.

“The Biden administration now seems more likely than not to win the cases,” said higher education expert Mark Kantrowitz.

“Her preparation, poise and power were impressive,” Kantrowitz said.

Wassily_Kandinsky_Tree_Of_Life

Wassily Kandinsky, Tree of Life

In contrast, the attorneys for plaintiffs opposed to the program were less than stellar, Kantrowitz said. “It was like the difference between a star quarterback and two tiddlywinks players,” he said.

University of Illinois Chicago law professor Steven Schwinn agreed: “Prelogar knocked it out of the park.”

“I do think she could have influenced or even changed the thinking of two justices, maybe more,” he added.

On Wednesday, Fordham law professor Jed Shugerman tweeted that he remains “struck by SG Elizabeth Prelogar’s brilliant performance.”

“She may have snatched victory from the jaws of defeat,” Shugerman wrote.

The nine justices considered two legal challenges to Biden’s plan to cancel up to $20,000 in student debt for borrowers. Six GOP-led states — Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina — had brought one of the lawsuits, and the other was backed by the Job Creators Network Foundation, a conservative advocacy organization.

Prelogar argued that the president was acting squarely within the law to avoid borrower distress during national emergencies and that plaintiffs had not shown in any way that they’d be harmed by the policy, which is typically a requirement to establish so-called legal standing.

I hope these experts are right. We’ll have to wait a few months to find out.

This story out of Michigan is really scary. NBC News: ‘Heavily armed’ man who FBI said targeted Jewish Michigan officials was after state Attorney General Dana Nessel, she says.

Michigan Attorney General Dana Nessel was targeted last month by a “heavily armed” man who threatened injury and death to Jewish members of the state government, she said Thursday morning.

Jack Eugene Carpenter III is accused of tweeting: “I’m heading back to Michigan now threatening to carry out the punishment of death to anyone that is jewish in the Michigan govt if they don’t leave, or confess, and now that kind of problem,” according to a criminal complaint filed Feb. 18.

“Because I can Legally do that, right?” he added, according to the FBI affidavit.

Carpenter’s mother confirmed to investigators that the tweets came from him and that to her knowledge, he was in possession of “three handguns, a 12 gauge shotgun, and two hunting rifles, one of which is an MIA, military-style weapon,” the complaint said.

Nessel, a Democrat, said Thursday in a tweet that the FBI confirmed she had been one of the officials targeted by “the heavily armed defendant in this matter.”

“It is my sincere hope that the federal authorities take this offense just as seriously as my Hate Crimes & Domestic Terrorism Unit takes plots to murder elected officials,” she said.

That’s all the news I have for you today. Please share your thoughts in the comment thread and post any other stories that interest you.