But Twitter no longer serves this function. Thanks to a string of disastrous missteps over the past year by new owner Elon Musk — punctuated by the decision last week to cap the number of posts users can view — Twitter is hemorrhaging users and relevance. While Meta’s new Threads app is making an impressive debut, most social media experts say TikTok reigns as the new global town square and has held that role for quite a while.
Lazy Caturday Reads
Posted: July 8, 2023 Filed under: cat art, caturday, Donald Trump | Tags: Elon Musk, Jamal Kashoggi, John Kelly, Lesley Van Houten, Lisa Page, Manson murders, Mark Zuckerberg, Miles Taylor, Peter Strzok, Rudy Giuliani, Threads, Twitter 3 Comments
Sea cat art by Heider Taillefer
Happy Caturday!!
I’m in a surreal frame of mind this morning. I’m not sure what’s wrong with me. I have a sore throat and I feel kind of lightheaded. I hope I’m not getting sick. Maybe it’s just because I’m reading a surreal book, The Secret History, by Donna Tartt. I know I should have read it years ago, but somehow I never got around to it. It’s very different from what I expected. I knew it was about a murder involving upper middle class classics students at a college in Vermont. I didn’t expect it to be full of slapstick humor. It’s somewhat disconcerting, but very well written. It has definitely taken my mind off the horror of U.S. politics.
Speaking of surreal murders, 73-year-old Lesley Van Houten is going to be let out of prison. NBC News: Manson family killer Leslie Van Houten will be paroled, lawyer says, after Gov. Newsom drops fight.
Leslie Van Houten, a follower of Charles Manson who was convicted in two killings, will be paroled in weeks, her attorney said Friday after California’s governor said he would not challenge it at the State Supreme Court.
“She’s thrilled,” Van Houten’s attorney Nancy Tetreault said.\Van Houten, now 73, will be paroled in the next several weeks after spending more than five decades in prison, Tetreault said.
An appeals court ruled in May that Van Houten is eligible for parole, reversing a decision by Gov. Gavin Newsom to reject parole.
Newsom, who has repeatedly blocked efforts for Van Houten to be paroled, had until Monday to file a challenge with the state Supreme Court.
Newsom, a Democrat, said Friday he would not do so….
Van Houten is serving a life sentence after being convicted along with other cult members of the 1969 killings of Leno and Rosemary LaBianca in Los Angeles.
A jury convicted Van Houten in 1971 of two counts of first-degree murder and one count of conspiracy to commit murder. She was initially sentenced to death, but that was overturned and she has spent 52 years in state prison.
Van Houten has been before the state Board of Parole Hearings more than 20 times. The board has recommended Van Houten be paroled five times since 2016, according to the state Department of Corrections and Rehabilitation.
She threw her life away back in 1969 when she chose to follow instructions from Manson and his bloodthirsty cult member Susan Atkins. I doubt if she’s a danger to society at this point.

Paris Through My Window, by Marc Chagall, 1913
There’s a bit of Trump investigation news this morning from New York Times both-sides reporter Michael Schmidt: Trump Asked About I.R.S. Inquiry of F.B.I. Officials, Ex-Aide Says Under Oath.
John F. Kelly, who served as former President Donald J. Trump’s second White House chief of staff, said in a sworn statement that Mr. Trump had discussed having the Internal Revenue Service and other federal agencies investigate two F.B.I. officials involved in the investigation into his campaign’s ties to Russia.
Mr. Kelly said that his recollection of Mr. Trump’s comments to him was based on notes that he had taken at the time in 2018. Mr. Kelly provided copies of his notes to lawyers for one of the F.B.I. officials, who made the sworn statement public in a court filing.
“President Trump questioned whether investigations by the Internal Revenue Service or other federal agencies should be undertaken into Mr. Strzok and/or Ms. Page,” Mr. Kelly said in the statement. “I do not know of President Trump ordering such an investigation. It appeared, however, that he wanted to see Mr. Strzok and Ms. Page investigated.”
Mr. Kelly’s assertions were disclosed on Thursday in a statement that was filed in connection with lawsuits brought by Peter Strzok, who was the lead agent in the F.B.I.’s Russia investigation, and Lisa Page, a former lawyer in the bureau, against the Justice Department for violating their privacy rights when the Trump administration made public text messages between them.
I hope Page and Strzok finally get their revenge on Trump.
The disclosures from Mr. Kelly, made under penalty of perjury, demonstrate the extent of Mr. Trump’s interest in harnessing the law enforcement and investigative powers of the federal government to target his perceived enemies. In the aftermath of Richard M. Nixon’s presidency, Congress made it illegal for a president to “directly or indirectly” order an I.R.S. investigation or audit.
The New York Times reported last July that two of Mr. Trump’s greatest perceived enemies — James B. Comey, whom he fired as F.B.I. director, and Mr. Comey’s deputy, Andrew G. McCabe — were the subject of the same type of highly unusual and invasive I.R.S. audit.
It is not known whether the I.R.S. investigated Mr. Strzok or Ms. Page. But Mr. Strzok became a subject in the investigation conducted by the special counsel John Durham into how the F.B.I. investigated Mr. Trump’s campaign. Neither Mr. Strzok nor Ms. Page was charged in connection with that investigation, which former law enforcement officials and Democrats have criticized as an effort to carry out Mr. Trump’s vendetta against the bureau. Mr. Strzok is also suing the department for wrongful termination.
Mr. Strzok and Ms. Page exchanged text messages that were critical of Mr. Trump and were later made public by Rod J. Rosenstein, then the deputy attorney general under Mr. Trump, as he faced heavy criticism from Republicans on Capitol Hill who were trying to find ways to undermine him.

Katzenworld, Femke Hiemstra
NBC has an interesting excerpt from the new book by former Trump official Miles Taylor: White House officials worried Trump showed reporters classified material while in office, new book recounts.
A forthcoming book by an ex-Trump administration aide describes an episode in which officials worried that then-President Donald Trump was cavalier in his handling of classified information while talking to reporters, according to a copy obtained by NBC News.
Miles Taylor, who was a top aide to Homeland Security Secretary Kirstjen Nielsen, writes about the 2018 episode in a book set to be published this month. As a sitting president at the time, Trump had broad powers to declassify information. Yet the incident Taylor describes suggests that his aides still believed he needed to show more care toward state secrets — an issue that landed him in legal peril after he left office and took sensitive records with him….
Trump was still president when the episode Taylor described unfolded Oct. 18, 2018. Taylor writes that he was in a private meeting in the West Wing with John Bolton, who was then Trump’s national security adviser.
Then-White House press secretary Sarah Huckabee Sanders came into Bolton’s office and described an interview that Trump had given in the Oval Office, according to Taylor’s book, “Blowback.” (It’s common for White House press aides to sit in when the president gives interviews.)
Trump had been talking to the reporters about Jamal Khashoggi, the dissident and journalist who was killed that month by Saudi assassins in Turkey.
Sanders told Bolton that the president had picked up classified documents relating to intelligence on Khashoggi’s death and displayed them, Taylor writes, but that the reporters were unlikely to have been able to read the text.
Bolton gasped at first, but “breathed a sigh of relief” when Sanders told him there had been no cameras in the room, according to the book.
Still, “We were all disturbed by the lapse in protocol and poor protection of classified information,” Taylor writes.
It looks like Rudy Giuliani will finally be disbarred in DC. CBS News: Rudy Giuliani should be disbarred for false election fraud claims, D.C. review panel says.
A Washington, D.C., Bar Association review panel is recommending former New York Mayor Rudolph Giuliani be disbarred in Washington for his handling of litigation challenging the 2020 election on behalf of then-President Trump.
By Daniel Ryan
Giuliani “claimed massive election fraud but had no evidence,” wrote the three-lawyer panel in a report released Friday, regarding the errors and unsupported claims in a Pennsylvania lawsuit he argued seeking to overturn the Republican president’s loss to Democrat Joe Biden.
Between Election Day and the Jan. 6, 2021, riot at the U.S. Capitol, Giuliani and other Trump lawyers repeatedly pressed claims of election fraud that were almost uniformly rejected by federal and state courts. He’s the third lawyer who could lose his ability to practice law over what he did for Trump: John Eastman faces disbarment in California, and Lin Wood this week surrendered his license in Georgia.
“Mr. Giuliani’s effort to undermine the integrity of the 2020 presidential election has helped destabilize our democracy,” wrote the three lawyers on the panel, Robert C. Bernius, Carolyn Haynesworth-Murrell and Jay A. Brozost.
The panel’s report will now go to the D.C. Court of Appeals for a final decision.
How much lower can this man sink. It’s difficult to believe that he was once a DOJ official and then U.S. Attorney for the Southern District of New York, not to mention mayor of NYC.
The Zuckerberg-Musk fight over the new Threads social media app is pretty entertaining. Here’s the latest:
The Guardian: Zuckerberg’s ‘Twitter killer’ Threads hits 70m sign-ups in two days.
Mark Zuckerberg’s “Twitter-killer” Threads has reached 70m sign-ups in less than 48 hours, as it more than doubled its growth from its first day on app stores.
The new microblogging platform was launched in 100 countries this week . It immediately accumulated significant numbers of users, hitting more than 30 million within its first 24 hours, apparently making it the fastest downloaded app ever. On Friday, however, Zuckerberg announced on his Threads account that the user total had more than doubled that figure.
Marc Chagall, Le Poète
“70 million sign ups on Threads as of this morning. Way beyond our expectations,” he wrote. Threads launched around the world at 7pm EST in the US on Wednesday.
Elon Musk’s Twitter has reacted to the new rival with a formal threat to sue the “copycat” app over alleged violation of its “intellectual property rights”….
Zuckerberg, chief executive of Threads and Instagram owner Meta, has said he wants to make “kindness” a focus of the app’s appeal, in a reference to concerns that the rival platform, which has more than 250 million users, has become too hostile for some.
“The goal is to keep it friendly as it expands. I think it’s possible and will ultimately be the key to its success,” he wrote on his Threads account. “That’s one reason why Twitter never succeeded as much as I think it should have, and we want to do it differently.”
That seems unlikely, knowing human nature, but we can hope.
Mashable: Threads backtracks flagging right-wing users for spreading disinformation.
If you regularly spread “false information” online, Threads already knows. The platform apparently flagged those accounts on launch, warning users that considered following them, before backtracking.
When Threads launched on Wednesday, numerous right-wing users shared(opens in a new tab) their dissatisfaction(opens in a new tab) with Twitter’s biggest competitor — on Twitter of course — over having their accounts flagged for disinformation.
As of Friday, however, it seems the warning label on accounts that reported the issue has since disappeared….
“This account has repeatedly posted false information that was reviewed by independent fact-checkers or went against our Community Guidelines,” read the label that would pop up when another user attempted follow these accounts.
The wording on the label is similar to a warning prompt that appears on Meta services like Facebook and Instagram. As Threads is so new and still so tightly connected to Instagram, it appears Meta used an account’s existing reputation to inform Threads users of their history.
Later on, Andy Stone of Meta, said the warning labels had been posted by mistake and they were removed from right wing accounts.
Tayor Lorenz at The Washington Post: How Twitter lost its place as the global town square.
Alex Pearlman, a stand-up comedian in Philadelphia, woke up one morning in June and turned on the local news. A portion of Interstate 95 had collapsed. Pearlman thought it was the type of thing people should know about.
Five years ago, he would have turned to Twitter to spread the news. But on that Sunday morning, he picked up his phone and made a TikTok — which quickly amassed more than 2 million views.
By Michael Bridges
A decade ago, Twitter rose to prominence by casting itself as a “global town square,” a space where anyone could reach millions of people overnight. The platform was pivotal in facilitating large social movements, such as the Arab Spring protests in the Middle East and the Black Lives Matter protests over police violence. In a recent email to staff, Twitter’s new chief executive, Linda Yaccarino, repeated this characterization, calling the site “a global town square for communication.”
“Twitter is definitely not anyone’s public square. Not anymore,” said Chris Messina, who on Thursday posted the hashtag #DeadTwitter on Threads. Twitter is “Elon Musk’s private playground where he’s about to charge everyone … for entry and access #DeadTwitter.”
On Musk’s failed “leadership”:
Since taking the helm last fall promising to champion “free speech,” Musk has alienated users with a relentless stream of updates that are hostile to the app’s heaviest users. He removed all legacy check marks — Twitter’s years-old way to assure users that posters are really who they say they are — sowing distrust and leading to significant financial consequences for major brands that were easily impersonated under the new system. He then sold blue check marks, which ensured amplification to anyone willing to pay $8 a month, allowing scammers and grifters to crowd out the replies to popular tweets. Interesting content has been down-ranked in favor of pay-to-play blue check mark replies, some of which push crypto scams and pornography.
Musk also flooded the “for you” timeline with his own tweets, driving away users who came to the service to follow friends and interests outside of the platform’s billionaire owner.
“Before, if I saw someone was verified, they’d have to have done something of note to get it,” said Ryan Fay, a theater director in Atlanta. “Now, I can’t trust anyone who claims to be a journalist and has a check mark because they paid for it, and I don’t know if they have any credentials or knowledge. Seeing a blue check now means this person is using Twitter to try to sell me something or some sort of scamming.”
Musk also fired Twitter’s trust and safety team, allowing harassment and abuse to explode across the platform unchecked. He’s banned prominent journalists and liberal activists. He’s railed against LGTBQ people and declared the word “cisgender” a slur. If that wasn’t enough to drive the most dedicated Twitter users to greener pastures, last week he began limiting the number of tweets users could read, blocking nonpaying users from being served more than 600 tweets per day.
There’s much more on Musk’s failures at the WaPo link. For now, it feels so satisfying to have an alternative to the mess Musk made at Twitter. We’ll have to wait and see how Zuckerberg does with Threads.
Have a great Caturday everyone!!
Lazy Caturday Reads: Fake Voter Fraud and Real SCOTUS Fraud
Posted: July 1, 2023 Filed under: cat art, caturday, Corrupt and Political SCOTUS, Donald Trump, just because, SCOTUS | Tags: 303 Creative v. Elenis, Arizona 2020 election, Biden v. Nebraska, Doug Ducey, legal standing issues, Lorie Smith, Mike Pence, Neil Gorsuch, Rudy Giuliani, voting rights 18 Comments
Cat and Girl by Tara Dougans
Happy Caturday!!
There’s quite a bit happening in politics news today, even though it is kind of a long holiday weekend with a Monday in between. I’ll bet plenty of working people are taking Monday off. I’m retired now; but whenever there’s a holiday weekend, I get the same feelings I used to when I was working. It feels like a time to goof off–maybe laze around reading a good book or binge watching something on TV. It’s a time to relax in the peaceful knowledge that you’re not required to be anywhere or do anything in particular.
Here in Boston, the Fourth of July weekend means lots of folks will be headed for Cape Cod or New Hampshire, and the city will be eerily quiet in the daytime. When I first moved to Boston from Indiana, I dutifully got a Massachusetts driver’s license; but I didn’t have a car, so I didn’t have to brave the insane Boston traffic. Eventually, I decided I wanted to learn to handle Boston driving even though I was terrified. I waited until the Fourth of July weekend, and drove all over downtown on empty streets to practice and build my confidence.
Yesterday, I started getting that holiday weekend feeling again. I can’t explain it any more than I can explain how I get that back to school feeling in the fall. I guess repeated experiences have formed pathways in my brain that are triggered by certain times of the year.
I feels like there should be a dearth of political news, too, but that’s not the case. It’s another very busy news day. There’s news of another “perfect” phone call by Trump trying to overturn the 2020 election. And of course, there are plenty of reactions to the most recent Supreme Court decisions.
Another “Perfect” Phone Call?
Leigh Ann Caldwell, Josh Dawsey, and Yvonne Winget Sanchez at The Washington Post: Trump pressured Arizona Gov. Doug Ducey to overturn 2020 election.
In a phone call in late 2020,President Donald Trump tried to pressure Arizona Gov. Doug Ducey (R) to overturn the state’spresidential election results, saying that if enough fraudulent votes could be found it would overcome Trump’s narrow loss in Arizona, according to three people familiar with the call.
Trump also repeatedly asked Vice President Mike Pence to call Ducey and prod him to find the evidence to substantiate Trump’s claims of fraud, according to two of these people. Pence called Ducey several times to discuss the election, they said, though he did not follow Trump’s directions to pressure the governor.
The extent of Trump’s efforts to cajole Ducey into helping him stay in power have not before been reported, even as other efforts by Trump’s lawyer and allies to pressure Arizona officials have been made public….
By Indira Baldano
Trump phoned the governor’s cellphone on Nov. 30,2020, as Ducey was in the middle of signing documents certifying President Biden’s win in the state during a live-streamed video ceremony. Trump’s outreach was immediately clear to those watching. They heard “Hail to the Chief” play on the governor’s ringtone. Ducey pulled his phone from out of his suit jacket, muted the incoming call and put his phone aside. On Dec. 2,he told reporters he spoke to the president after the ceremony,buthe declined to fully detail the nature of the conversation. Ducey said the president had “an inquisitive mind”but did not ask the governor to withhold his signature certifying the election results.
But four people familiar with the call said Trump spoke specifically about his shortfall of more than 10,000 votes in Arizona and then espoused a range of false claims that would show he overwhelmingly won the election in the state and encouraged Ducey to study them. At the time, Trump’s attorneys and allies spread false claims to explain his loss, including that voters who had died and noncitizens had cast ballots.
After Trump’s call to Ducey, Trump directed Pence, a former governor who had known Ducey for years, to frequently check in with the governor for any progress on uncovering claims of voting improprieties, according to two people with knowledge of the effort.
Pence was expected to report back his findings and was peppered with conspiracy theories from Trump and his team,the person said. Pence did not pressure Ducey, but told him to please call if he found anything because Trump was looking for evidence, according to those familiar with the calls.
Like officials in Georgia, Ducey told Trump there was no evidence of widespread voter fraud in his state. Trump then began attacking Ducey publicly and shifted his efforts to using Rudy Giuliani to convince the Arizona legislature to find the “fraud” for him.
The article says that Ducey has not been contacted by the Special Counsel’s team, but he has interviewed other Arizona officials.
More than half a dozen past and current officials in Arizona contacted by Trump or his allies after his defeat have either been interviewed by Smith’s team or have received grand jury subpoenas seeking records,according to four people familiar with the interviews.Those interviewed include Bowers, the former Arizona House speaker, and three current members of the governing board of Maricopa County, the largest voting jurisdiction in the state that affirmed that Biden won.
Spokespeople for Arizona Gov. Katie Hobbs (D) and Arizona Attorney General Kris Mayes (D), told The Post this week that their offices have not received correspondence from Smith’s team seeking records about the 2020 election. The Arizona Secretary of State’s office received a grand jury subpoena dated Nov. 22, 2022, that sought information about communications with Trump, his campaign and his representatives, according to an official familiar with the document but not authorized to publicly speak about it.
Reactions to Recent SCOTUS Rulings
There is a massive amount of discussion of the garbage rulings the Supreme Court issued this week. The student loan forgiveness case is getting a great deal of attention, as is the case of the web designer who used a fake customer and a non-existent wedding website to get the court to decide she could discriminate against gay couples. Dakinikat wrote a terrific post yesterday about several of the latest decisions, so I’m just going to follow that with some of the latest reactions from Court observers. If you haven’t read Dakinikat’s post, I highly recommend it.
Paul Blumenthal at HuffPost: The Supreme Court’s Conservative Supermajority Continues Its Work Rolling Back The 20th Century.
When five conservative justices on the Supreme Court overturned Roe v. Wade and ended the right to an abortion in 2022, it signaled a new era for the court’s conservatism, one in which none of the rights and policies that emerged from the 20th century appeared safe.
By Valentin Gubarev
It also spawned a debate over the internal dynamics of that conservative supermajority. Chief Justice John Roberts did not join his fellow conservatives in overturning Roe. Had Roberts lost control of the court to the conservative ultras like Justices Clarence Thomas and Samuel Alito? Would he regain control in the next term?
The decisions released at the close of the court’s most recent term in June ― ending affirmative action in higher education, declaring a new right to discriminate against gay couples and voiding President Joe Biden’s plan for student loan debt relief ― present a different question: Does it even matter if Roberts is in the driver’s seat?
The conservative movement that built this court has long sought to roll back the legal and policy advances meant to blunt historic bigotries and discrimination, as well as the ability of the federal government to aid people harmed by the power of private capital. And they are continuing on that path whether Roberts or the ultra cohort runs the court.
At first, the conservative movement hoped that Ronald Reagan’s election in 1980 would allow them to sweep away the policies of both the New Deal and the 1960s and 1970s, but they could not consolidate political power to do so through the legislative and executive branches. Instead, they launched a legal movement to win control of the judiciary and enact their policies outside of the political process.
That is what they have done over the last decade. They gutted the Voting Rights Act, first in 2013 and again in 2021. They blew a hole in restrictions on religious prayer in schools in 2022. And, of course, ended protections for reproductive rights in Dobbs v. Jackson Women’s Health Organization. Their progress continued this term.
Blumenthal addresses how each of the recent decisions of this illegitimate court have continued the work of erasing the gains of the last century. Read the rest of his arguments at HuffPo.
Ian Millhiser at Vox on the fake marriage website decision: Neil Gorsuch has a problem with telling the truth.
On Thursday, Justice Neil Gorsuch released a 26-page opinion venting outrage about a legal dispute that does not exist, involving websites that do not exist. Yet this case, built on imaginary grounds, will have very real consequences for LGBTQ consumers, and for anti-discrimination laws more broadly. All of the Court’s Republican appointees joined Gorsuch’s opinion in 303 Creative v. Elenis.
That said, the fake dispute that Gorsuch imagines in his 303 Creative opinion involves a reasonably narrow legal question….
The case centers on Lorie Smith, a website designer who wishes to expand her business into designing wedding websites — something she has never done before. She says she’s reluctant to do so, however, because she fears that if she designs such a website for an opposite-sex couple, Colorado’s anti-discrimination law will compel her to also design wedding websites for same-sex couples. And Smith objects to same-sex marriages.
As Gorsuch summarizes her claim, Smith “worries that, if she [starts designing wedding websites,] Colorado will force her to express views with which she disagrees.”
This is not a religious liberty claim, it is a free speech claim, rooted in well-established law, which says that the First Amendment forbids the government from compelling people to say something that they would rather not say. In ruling in Smith’s favor, the Court does not say that any religious conservative can defy any anti-discrimination law. It simply holds that someone like Smith, who publishes words for a living, may refuse to say something they don’t want to say.
The problem is that Smith brought her case using a fake customer who never requested a service she never offered. Back to the Millhiser piece:
Before this case was argued, I wrote that if Lorie Smith had been approached by a same-sex couple and refused to design a wedding website for them, and if she had then been sued for refusing to do so, then she would have a very strong First Amendment defense against such a suit. As the Supreme Court said in Rumsfeld v. Forum for Academic and Institutional Rights (2006), “freedom of speech prohibits the government from telling people what they must say.” And that includes the right of a web designer to refuse to write words on a website that they do not wish to write.
But none of these events have actually happened. And, for that reason, the Supreme Court should have dismissed the case.
The frustrating thing about this case is that it involves an entirely fabricated legal dispute. Again, Lorie Smith has never actually made a wedding website for a paying customer. Nor has Colorado ever attempted to enforce its civil rights law against Ms. Smith. Indeed, in its brief to the Supreme Court, Colorado expressed doubt that its anti-discrimination law would even apply to Smith.
Is this Gorsuch’s effort to set up a precedent for allowing businesses to discriminate against protected classes? And isn’t this decision based on fraud, since we now know that the customer Smith identified never contacted her and is already married and not gay?
And that wasn’t the only case SCOTUS decided on fake grounds. David Dayan at The American Prospect: Supreme Court Decides Fake Plaintiffs Are Good Plaintiffs.
Approximately 43 million Americans were made between $10,000 and $20,000 poorer today (plus interest) thanks to six Republican lawyers from Harvard and Yale. They decided that a program based on a statute intended to modify student loan balances in the event of an emergency could not modify student loan balances in the event of the COVID-19 emergency. And they did it by claiming that a plaintiff was injured by this program, when that plaintiff did not petition the Court over its injury, had no involvement in the case, and would likely not be injured by the program.
This is the upside-down world in which the Supreme Court dealt a fatal blow to the Biden administration’s student debt cancellation program. Advocates and members of Congress are now calling for a Plan B, to enact debt relief by some other means; for various reasons, I doubt that the administration will take that opportunity. But what should not be ignored is the way in which the nation’s highest court relies on dodgy theories and facts not in evidence to make the pronouncements it wants….
By Susan Visser
The plaintiffs in the two student loan cases, one of which was so preposterous that it was thrown out unanimously for lack of standing (that was the one where two borrowers said they didn’t have a chance to make public comment to get more debt relief, and that the remedy should be that nobody gets debt relief), simply didn’t like that borrowers would have some debt canceled, on ideological grounds. Nobody seriously contests this as their aim. But in American law, at least in theory, you have to have standing to sue: A party would have to be harmed by 43 million people getting debt relief, and eliminating the debt relief would have to redress this harm.
The Roberts Court, with the chief justice writing for the majority, believes they found one in the Missouri Higher Education Loan Authority (MOHELA), a student loan servicer that stands to lose $44 million in servicing fees from debts that would be wholly canceled, according to the state of Missouri’s calculations. There’s one problem: MOHELA is not a plaintiff in the case. MOHELA in fact didn’t know about the case until hearing news reports, played no role in the case, opposed the case from being brought, and would not give the state of Missouri evidence for the case until required by state sunshine laws. We know all this from internal documents and public statements by MOHELA.
Even if MOHELA went ahead and sued, the contract they signed to accept federal student loans for servicing stipulates explicitly that the government has “sole discretion” to remove contracts from servicers, that the contractor cannot “object or protest,” and that the contractor “waives and releases all current or future claims” related to this. Perhaps this is why MOHELA did not sue in this case. Moreover, MOHELA stood to gain from debt cancellation on net, because it would get an estimated $61 million in fees to process forgiveness (more than Missouri said they would lose), and it would eliminate legal liability from botching Public Service Loan Forgiveness (PSLF) claims, and many of those loans would have been extinguished in debt cancellation.
Read the rest at the American Prospect link.
More on this standing issue and conflicts on the court from Mark Joseph Stern at Slate: John Roberts Is Already Frustrated With the Response to SCOTUS Killing Student Debt Relief.
The Supreme Court struck down Joe Biden’s student debt relief plan in a 6–3 decision on Friday that rewrites federal law to create a bespoke, extra-textual prohibition on the large-scale cancellation of student debt. Chief Justice John Roberts’ decision in Biden v. Nebraska blazed past a clearly insurmountable standing problem to scold the president for even trying to use the law according to its own plain terms in order to offer mass debt relief in the wake of the COVID-19 pandemic. He also chastised Justice Elena Kagan for her “disturbing” suggestion, in dissent, that the majority had gone “beyond the proper role of the judiciary.” The decision boils down to the chief justice’s obvious disdain for student debt relief—which is perhaps why he interpreted Kagan’s criticism as, in his words, a “personal” affront….
By Indira Baldano
The biggest question in the case was whether anyone could establish standing to challenge the program in the first place. After all, the federal government itself holds this debt, and no one is obviously “injured” by the government helping somebody else by erasing their debt. (In a separate case decided on Friday, the court unanimously held that two people who oppose the plan had no standing to sue.) Missouri tried to get around this problem by fixating on MOHELA, a corporation created by the state that services student loans. The Missouri attorney general asserted that MOHELA would suffer financially because of Biden’s plan—which turns out to be false—and that the state itself could represent its interests in court. A key flaw in this reasoning is that MOHELA is an independent entity from Missouri that could have sued to defend its own interests, but refused to do so, and even refused to help Missouri “represent” it in court. (State officials had to file public records requests to obtain key information because MOHELA did not want to participate in this case at all.)
Roberts didn’t care about any of that. MOHELA is “an instrumentality of Missouri,” he wrote, and Biden’s plan “will cut MOHELA’s revenues.” (Again: provably false!) So, according to Roberts and the court’s five other hard-line conservatives, the state had established standing.
This is so similar to what Gorsuch did in the fake marriage website case! The right wing justices can’t wait for legitimate cases to be brought; they have to search for fake ones, because they are desperate to return our country to the bad old days of Jim Crow and white male dominance.
Elena Kagan wasn’t having it.
Kagan pulled no punches in response. “From the first page to the last, today’s opinion departs from the demands of judicial restraint,” she wrote. “At the behest of a party that has suffered no injury, the majority decides a contested public policy issue properly belonging to the politically accountable branches and the people they represent.” She skewered the idea that Missouri and MOHELA are interchangeable, citing the Missouri Supreme Court’s own declaration that they are not. And she eviscerated the majority for “wielding the major-questions sword” to overrule “legislative judgments” that belong to the political branches.
Congress had better watch out, because the Court is working to displace them. Just wait until they get control of the power of the purse!
One more SCOTUS action from yesterday reported by Sam Levine at The Guardian: Supreme court leaves intact Mississippi law disenfranchising Black voters.
The US supreme court turned away a case on Friday challenging Mississippi’s rules around voting rights for people with felony convictions, leaving intact a policy implemented more than a century ago with the explicit goal of preventing Black people from voting.
Those convicted of any one of 23 specific felonies in Mississippi permanently lose the right to vote. The list is rooted in the state’s 1890 constitutional convention, where delegates chose disenfranchising crimes that they believed Black people were more likely to commit. “We came here to exclude the negro. Nothing short of this will answer,” the president of the convention said at the time. The crimes, which include bribery, theft, carjacking, bigamy and timber larceny, have remained largely the same since then; Mississippi voters amended it remove burglary in 1950 and added murder and rape in 1968.
By Tara Dougans
It continued to have a staggering effect in Mississippi. Sixteen per cent of the Black voting-age population remains blocked from casting a ballot, as well as 10% of the overall voting age population, according to an estimate by The Sentencing Project, a criminal justice non-profit. The state is about 38% Black, but Black people make up more than half of Mississippi’s disenfranchised population.
Challengers to the law argued that the policy was unconstitutional because it bore the “discriminatory taint” from the 1890 constitution. One of the plaintiffs was Roy Harness, a social worker in his late 60s who is permanently barred from voting because he was convicted of forgery decades ago. Forgery was one of the original crimes included in the list of disenfranchising offenses.
Read more details at The Guardian.
I’ll end there and share a few more stories in the comments. Have a great Fourth of July sort of weekend!
Lazy Caturday Reads
Posted: June 17, 2023 Filed under: Cats, caturday, Crime, Criminal Justice System | Tags: Costa Mesa CA Planned Parenthood attack, history of slavery, Jim Jordan, Merrick Garland, Minneapolis police, Pittsburgh Tree of Life shooting, Robert Bowers, Rudy Giuliani, slave auctions, Special Counsel Jack Smith, Trump investigations 9 Comments
Cat in frying pan
Happy Caturday!!
After all the excitement the last two weeks, today feels like a somewhat slow news day. It’s a long weekend, so that might have something to do with it. Anyway, I have found several interesting stories to share with you.
First up, this fascinating long read at ProPublica by Jennifer Berry Hawes: How a Grad Student Uncovered the Largest Known Slave Auction in the U.S.
Sitting at her bedroom desk, nursing a cup of coffee on a quiet Tuesday morning, Lauren Davila scoured digitized old newspapers for slave auction ads. A graduate history student at the College of Charleston, she logged them on a spreadsheet for an internship assignment. It was often tedious work.
She clicked on Feb. 24, 1835, another in a litany of days on which slave trading fueled her home city of Charleston, South Carolina. But on this day, buried in a sea of classified ads for sales of everything from fruit knives and candlesticks to enslaved human beings, Davila made a shocking discovery.
On page 3, fifth column over, 10th advertisement down, she read:
“This day, the 24th instant, and the day following, at the North Side of the Custom-House, at 11 o’clock, will be sold, a very valuable GANG OF NEGROES, accustomed to the culture of rice; consisting of SIX HUNDRED.”
She stared at the number: 600.
A sale of 600 people would mark a grim new record — by far.
Until Davila’s discovery, the largest known slave auction in the U.S. was one that was held over two days in 1859 just outside Savannah, Georgia, roughly 100 miles down the Atlantic coast from Davila’s home. At a racetrack just outside the city, an indebted plantation heir sold hundreds of enslaved people. The horrors of that auction have been chronicled in books and articles, including The New York Times’ 1619 Project and “The Weeping Time: Memory and the Largest Slave Auction in American History.” Davila grabbed her copy of the latter to double-check the number of people auctioned then.
It was 436, far fewer than the 600 in the ad glowing on her computer screen.
She fired off an email to a mentor, Bernard Powers, the city’s premier Black history expert. Now professor emeritus of history at the College of Charleston, he is founding director of its Center for the Study of Slavery in Charleston and board member of the International African American Museum, which will open in Charleston on June 27.
If anyone would know about this sale, she figured, it was Powers.
Yet he too was shocked. He had never heard of it. He knew of no newspaper accounts, no letters written about it between the city’s white denizens.
“The silence of the archives is deafening on this,” he said. “What does that silence tell you? It reinforces how routine this was.”
Davila eventually approached ProPublica with her find. A reporter did further research, and eventually learned the source of the ad.
A ProPublica reporter found the original ad for the sale, which ran more than two weeks before the one Davila spotted. Published on Feb. 6, 1835, it revealed that the sale of 600 people was part of the estate auction for John Ball Jr., scion of a slave-owning planter regime. Ball had died the previous year, and now five of his plantations were listed for sale — along with the people enslaved on them.
The Ball family might not be a household name outside of South Carolina, but it is widely known within the state thanks to a descendant named Edward Ball who wrote a bestselling book in 1998 that bared the family’s skeletons — and, with them, those of other Southern slave owners.
“Slaves in the Family” drew considerable acclaim outside of Charleston, including a National Book Award. Black readers, North and South, praised it. But as Ball explained, “It was in white society that the book was controversial.” Among some white Southerners, the horrors of slavery had long gone minimized by a Lost Cause narrative of northern aggression and benevolent slave owners.
Based on his family’s records, Edward Ball described his ancestors as wealthy “rice landlords” who operated a “slave dynasty.” He estimated they enslaved about 4,000 people on their properties over 167 years, placing them among the “oldest and longest” plantation operators in the American South.
Read the rest at ProPublica, if you’re interested in this history.
Yesterday, a jury found Robert Bowers, the Pittsburgh Tree of Life shooter guilty on all charges. CNN: Gunman in Pittsburgh synagogue shooting found guilty of all 63 federal charges.
Robert Bowers, the gunman who killed 11 worshippers at Pittsburgh’s Tree of Life synagogue in 2018, was convicted by a federal jury Friday on all 63 charges against him.
Bowers, 50, now faces the possibility of the death sentence at the hands of the same jury for the deadliest attack ever on Jewish people in the US.
Asked to individually confirm their verdicts, each juror answered “yes” without hesitation. Some were forceful in their replies. They deliberated for about five hours over two days.
Bowers was convicted of 11 capital counts of obstruction of free exercise of religious beliefs resulting in death and 11 capital counts of use of a firearm to commit murder during and in relation to a crime of violence, among other charges.
Bowers was also convicted of 11 counts of hate crimes resulting in death.
The convictions mean the trial will move to a separate penalty phase, with the jury weighing further evidence to decide whether to sentence him to death or life in prison without the possibility of parole.
The penalty phase is scheduled to begin June 26.
Steve Almasy at CNN: Jury in Pittsburgh synagogue massacre trial will hear more distressing testimony when penalty phase begins.
For much of the past two-plus weeks, many of the federal government’s 60 witnesses described the horror when a gunman entered the Tree of Life synagogue in Pittsburgh in 2018 and killed 11 worshippers – the deadliest attack ever on Jewish people in the United States.
A federal jury convicted the gunman Friday on all 63 charges against him, including 22 capital charges. On June 26, the same jury will again hear horrible details of the massacre and what those losses mean to families, as it decides the fate of Robert Bowers….
Testimony from prosecution witnesses included a 911 operator who listened to a victim’s last words before she was fatally shot, a survivor who said one of the people who was killed fell inches from her, a police officer who had to step over bodies while rescuing a wounded SWAT member, and a wounded woman who refused to leave her mother as her mom died.
Other witnesses included medical, firearms and computer experts….
The president of the Jewish Community Center of Greater Pittsburgh said Friday that survivors have taken the witness stand to provide important testimony despite the immense difficulty of that task. They will continue to do so in the next phase of the trial, Brian Schreiber said.
“We look forward to hearing the direct victim-impact testimony. They will be able to tell, in their own words, what that loss feels like,” said Schreiber, who lost friends in the attack.
Schreiber did not take an official stance on a potential death sentence for the gunman.
“It’s going to be gut-wrenching,” said Jeff Finkelstein, president of the Jewish Federation of Greater Pittsburgh. “It’s going to reopen wounds that keep getting reopened for us here in our Pittsburgh community – not just the Jewish community, but this greater Pittsburgh region. And I just encourage everyone to seek the support that they might need.”
The Jewish Community Center of Greater Pittsburgh has been providing support for those affected by the shooting through its 10.27 Healing Partnership program, which Schreiber said will continue to offer resources. The name of the program is a nod to the date, October 27, 2018, when the attack took place.
Also yesterday, Merrick Garland released the results of a federal investigation of the Minneapolis Police that was begun after the murder of George Floyd. The New York Times: Minneapolis Police: Scathing Report Exposes Racist and Unconstitutional Policing.
The Justice Department on Friday released a damning account of systemic abuses and discrimination by the police in Minneapolis, the result of a multiyear investigation that began after the murder of George Floyd in police custody ignited protests across the country.
In an 89-page report, investigators laid out repeated instances of the police engaging in unlawful discrimination against Black and Native American people, as well routinely failing to take arrestees’ health complaints seriously and violating the First Amendment rights of demonstrators and journalists at protests.
“The patterns and practices we observed made what happened to George Floyd possible,” said Attorney General Merrick B. Garland, who ordered the investigation in April 2021.
The Justice Department found there was “reasonable cause to believe” that police officers engaged in a “pattern or practice of conduct that deprives people of their rights under the Constitution and federal law.”
Among many other examples of discrimination by officers, investigators outlined an episode in which an officer said his goal was to wipe the Black Lives Matter movement “off the face of the earth.” Mr. Garland added that officers often used some version of the line, “You can breathe, you’re talking right now,” when placing citizens in chokeholds.
The city has agreed to negotiate a court-enforced agreement that, if enacted, would require a sweeping overhaul of the city’s police force, which has faced an exodus of officers and a lack of community support since the death of Mr. Floyd, a 46-year-old Black man, in May 2020.
Read details of the agreement and reactions to the report in Minneapolis at the NYT link.
A bit of Trump investigation news broke yesterday. CNN: Special counsel seeks court order to ensure Trump and his defense don’t share materials turned over in discovery.
Special counsel Jack Smith’s team is asking the judge in the classified documents case against Donald Trump to bar the former president and his defense team from publicly disclosing some of the materials shared in the criminal case as part of the discovery process.
In a new filing on Friday, Smith’s team said that among the unclassified materials that prosecutors are set to turn over to the defense is “information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals.”
The filing, which includes a proposed protective order, is an expected, procedural step now that Trump has entered his not guilty plea and the proceedings are moving forward. Lawyers for Trump and his co-defendant Walt Nauta do not oppose the requested protective order, according to the filing.
US Magistrate Judge Bruce Reinhart, citing local court rules. Reinhart approved the search warrant the FBI executed at Mar-a-Lago last year.
Smith’s team said in the filing that the “government is ready to provide unclassified discovery to the defense.”
“The discovery materials include sensitive and confidential information,” including personal and financial data, information that reveals “sensitive” investigative techniques and information about potential witnesses, according to the filing. Some of that information could be in grand jury transcripts or recordings of witness interviews.
“The materials also include information pertaining to ongoing investigations, the disclosure of which could compromise those investigations and identify uncharged individuals,” the filing said.
[Emphasis added] That sounds interesting. From Alan Feuer at The New York Times: Evidence in Trump Documents Case Hints at ‘Ongoing Investigations,’ Filing Says.
The federal prosecutors overseeing the classified documents case against former President Donald J. Trump said in court papers on Friday that the evidence they are poised to give the defense as part of the normal process of discovery contained information about “ongoing investigations” that could “identify uncharged individuals.”
The court papers — a standard request to place a protective order on the discovery material — contained no explanation about what those other inquiries might be or whether they were related to the indictment detailing charges against Mr. Trump of illegally retaining dozens of national defense documents and obstructing the government’s efforts to get them back. The papers also did not identify who the uncharged people were.
Still, the reference to continuing investigations was the first overt suggestion — however vague — that other criminal cases could emerge from the work that the special counsel Jack Smith has done in bringing the Espionage Act and obstruction indictment against Mr. Trump in Miami last week.
Mr. Smith is also overseeing the parallel investigation into Mr. Trump’s efforts to reverse his election loss in 2020 and the ensuing assault on the Capitol by a mob of his supporters on Jan. 6, 2021.
Some witnesses close to Mr. Trump have been questioned by Mr. Smith’s team in connection with the both the documents and election interference inquiries.
Very interesting.
One more crime story, h/t Dakninikat. From Marisa Sarnoff at Law and Crime: ‘BOOM’: Marine arrested in 2022 firebomb attack on Planned Parenthood clinic.
An active duty U.S. Marine is in federal custody after being arrested for allegedly firebombing a [Costa Mesa, CA] Planned Parenthood clinic in 2022.
Chance Brannon, 23, a Marine corporal, and Tibet Ergul, 21, were arrested Wednesday in the April 2022 attack, the U.S. Attorney’s Office announced in a press release. They are each charged with using an explosive or fire to cause property damage.
According to the criminal complaint, Brannon and Ergul attacked the clinic in the early morning hours of March 13, 2022. Prosecutors say they threw a Molotov cocktail — an incendiary device made up of a glass bottle containing a flammable substance, such as liquid gasoline, that is lit and then thrown, shattering on impact and igniting the liquid — at the clinic entrance. The fire damaged the building and, according to the Justice Department, caused the healthcare clinic to close the next day and cancel some 30 appointments.
Prosecutors say that a witness called in a tip to the FBI that Ergul had sent a text message describing the attack.
“BOOM [fire emoji],” the message from Ergul to the witness said in describing the impact of the Molotov cocktail on the building of the “Costa Mesa health center/Planned Parenthood clinic,” according to the complaint. Ergul allegedly told the witness that he wished he “could’ve recorded the combustion.”
The witness also identified Brannon to the FBI, in part through a picture Ergul sent the witness on March 14, 2022, appearing to depict the Molotov cocktail. The witness said the picture looked like it was taken inside Brannon’s car.
Both defendants are scheduled to be arraigned on July 24.
I’ll end with a little comic relief about the endless efforts of Republicans to prove that President Biden is corrupt.
The New Republic: Giuliani Says Key Biden Informant Is Dead.
There’s a new wrinkle in the Republicans’ totally legitimate investigation into Joe Biden: One of their informants is apparently dead, according to Rudy Giuliani.
Republicans have spent all week accusing the president of accepting a massive bribe from Ukraine (conveniently at the same time that Donald Trump was arrested for allegedly stealing and hiding classified documents), and have referred a number of times to a set of recordings that they claim prove his guilt. The GOP learned about these supposed recordings as part of the House Oversight Committee’s months-long investigation into the Biden family, which has yet to produce any actual evidence linking the president to wrongdoing.
House members were allowed last week to see a redacted version of an FD 10-23, a form the FBI uses to note unverified information from confidential sources. Several Republican lawmakers say that not only does the FBI form they saw last week mention this bribe but that a Burisma executive has audio recordings of Biden and Hunter Biden accepting the money. Both Anna Paulina Luna and Marjorie Taylor Greene said that the executive is Burisma owner Mykola Zlochevsky.
But according to Rudy Giuliani, the executive is actually the wife of Burisma co-founder Mykola Lisin. Giuliani told Newsmax over the weekend that Lisin died under suspicious circumstances. He seemed to imply the businessman left the recordings to his wife, but she died before the FBI could interview her.
The FBI “followed up on none of the evidence I gave them,” Giuliani said. “I gave them one witness that any investigator would jump through hoops to go to. Gave them a witness who is a woman, who is the chief accountant at this crooked company Burisma.”
“She was the wife of the former owner, who died under suspicious circumstances. And she was willing to give up all of the offshore bank accounts, including the Bidens’!”
Oh my goodness me! How very incriminating. Except there is simply no evidence that any tapes involving Biden actually exist.
From Tommy Christopher at Mediaite: Jim Jordan Notes ‘We Don’t Know For Sure If These Tapes Exist’ When Asked About Impeaching Biden Over Probe.
Ohio Republican Congressman Jim Jordan pointed out “we don’t know” if the tapes Republicans claim implicate President Joe Biden “exist” when he was asked about impeaching the president.
Republicans like Sen. Chuck Grassley (R-IA) and Rep. James Comer (R-KY) are having a rough time with the media in their promotion of an FBI form they say details allegations against Biden and his son Hunter Biden — the latest wrinkle being the claim that an informant’s source claims to have over a dozen audiotapes implicating Biden.
Several Republicans have pumped the brakes by pointing out the tapes may not even exist, including Grassley, Comer, and Wisconsin Sen. Ron Johnson.
On a recent edition of The Chris Salcedo Show, Jordan pointedly brought up the uncertainty in the context of impeaching Biden over the tapes, telling host Chris Salcedo that “we don’t know for sure if these tapes exist.” [….]
When reached for comment, White House counsel spokesman Ian Sams told Mediaite, “Everything in their so-called investigation seems to be mysteriously missing: informants, audio tapes, and most importantly of all – any credible evidence. Maybe it’s time for House Republicans to join the President to focus on real issues that matter to the American people like fighting inflation and creating jobs instead of these sad sideshow stunts.”
That’s it for me today. I hope you are all having a nice long weekend.
Insane Thursday Reads, with Bunnies
Posted: February 10, 2022 Filed under: morning reads | Tags: Christian nationalists, classified documents, Department of Justice, destruction of documents, Donald Trump, Hillary Clinton, January 6 insurrection, Kim Jong Un, Maggie Haberman, Michigan, National Archives, Rudy Giuliani, seizing voting machines, White House toilets 22 Comments
Painting by Janie Olsen
Good Morning!!
Well, now we know why Trump was obsessed with low water toilets. It turns out he was trying to flush torn up documents in the White House bathrooms.
Axios: Haberman book: Flushed papers found clogging Trump WH toilet.
While President Trump was in office, staff in the White House residence periodically discovered wads of printed paper clogging a toilet — and believed the president had flushed pieces of paper, Maggie Haberman scoops in her forthcoming book, “Confidence Man.”
Why it matters: The revelation by Haberman, whose coverage as a New York Times White House correspondent was followed obsessively by Trump, adds a vivid new dimension to his lapses in preserving government documents. Axios was provided an exclusive first look at some of her reporting.
Haberman also revealed to Axios that Trump claims to be keeping in touch with one of his favorite dictators, Kim Jong Un.
Haberman reports Trump has told people that since leaving office, he has remained in contact with North Korean leader Kim Jong-un — whose “love letters,” as Trump once called them, were among documents the National Archives retrieved from Mar-a-Lago.
The book will be published in October. Read more about it at Axios.
More on Trump’s destruction of documents:
The Washington Post: National Archives asks Justice Dept. to investigate Trump’s handling of White House records.
The National Archives and Records Administration has asked the Justice Department to examine Donald Trump’s handling of White House records, sparking discussions among federal law enforcement officials about whether they should investigate the former president for a possible crime, according to two people familiar with the matter.
Full Moon Hare, by Andrew Bailey
The referral from the National Archives came amid recent revelations that officials recovered 15 boxes of materials from the former president’s Mar-a-Lago residence in Florida that were not handed back in to the government as they should have been, and that Trump had turned over other White House records that had been torn up. Archives officials suspected Trump had possibly violated laws concerning the handling of government documents — including those that might be considered classified — and reached out to the Justice Department, the people familiar with the matter said.
The people spoke on the condition of anonymity to discuss a politically sensitive request. The two people said the discussions about the matter remained preliminary, and it was not yet clear whether the Justice Department would investigate. The department also might be interested in merely reclaiming classified materials. A Justice Department spokesman declined to comment.
The New York Times: Archives Found Possible Classified Material in Boxes Returned by Trump.
The National Archives and Records Administration discovered what it believed was classified information in documents Donald J. Trump had taken with him from the White House as he left office, according to a person briefed on the matter.
The discovery, which occurred after Mr. Trump returned 15 boxes of documents to the government last month, prompted the National Archives to reach out to the Justice Department for guidance, the person said. The department told the National Archives to have its inspector general examine the matter, the person said.
It is unclear what the inspector general has done since then, in particular, whether the inspector general has referred the matter to the Justice Department.
An inspector general is required to alert the Justice Department to the discovery of any classified materials that were found outside authorized government channels.
The Washington Post Editorial Board: Opinion: Documents weren’t the only things Trump tore up while in office.
Former president Donald Trump liked the feel of tearing things up — figuratively, as he did with laws and norms of public service; but also literally, as he did with documents that he was required to preserve under the Presidential Records Act. Having refused to give his elected successor a smooth and orderly transition, Mr. Trump then skulked away to Mar-a-Lago in Florida with 15 boxes of official documents and mementos that should have gone to the National Archives.
The Post reported this past weekend that Mr. Trump routinely destroyed briefing papers, schedules, articles, letters and memos, ripping them into quarters or smaller pieces, leaving the detritus on his desk in the Oval Office, in the trash can of his private West Wing study or on the floor of Air Force One. Mr. Trump’s aides were left to retrieve the pieces and piece them back together, sometimes hunting through special “burn bags” intended for classified material to find torn documents that needed to be reassembled and preserved. Recently, the committee investigating the Jan. 6 insurrection received documents from the National Archives and Records Administration (NARA) that appeared to have been torn apart and taped back together.
Mr. Trump broke the law. After President Richard M. Nixon’s resignation, Congress passed a number of laws intended to preserve the integrity of documents and other materials from Nixon’s presidency, and made the laws applicable to all future presidents. The Presidential Records Act of 1978 ended the practice of records belonging to former presidents and declared that the United States shall “reserve and retain complete ownership, possession, and control of presidential records.” The law requires a president to “take all such steps as may be necessary” to make sure the records are preserved — an important pillar of accountability in a democracy and also essential for historical understanding of the presidency….
Mr. Trump, who mercilessly attacked Hillary Clinton for using a private email server, turned out to be a slovenly steward of the people’s property. He regarded himself as above the law, but he was not. What’s left of the jigsawed and taped-up pages might not provide the thoroughgoing record of his presidency that the law demands, but they are a wrenching testament to his penchant for wanton destruction.

Wild Rabbit, by wildlife photographer Julian Rad
Here’s another bonkers story that The Washington Post broke yesterday: Giuliani asked Michigan prosecutor to give voting machines to Trump team.
Jacqueline Alemeny, one of the reporters on the WaPo story, appeared on MSNBC yesterday.
Antrim County prosecutor James Rossiter told the newspaper that Giuliani and others called him around Nov. 20, 2020, and pressed him to hand over the voting machines so they could be examined for fraud, as part of an ongoing scheme to undo Trump’s loss in Michigan, and journalist Jackie Alemany explained the significance of her colleagues’ findings to MSNBC’s “Morning Joe.”
Painting by Scott Gustafson
“Well, it’s amazing, first of all, we are continuing to find so much new information that has yet to be uncovered, which is exactly what the Jan. 6 committee is doing,” Alemany said. “But this story especially is just fairly shocking because it shows them actually trying to implement some of their plans that we’ve seen sketched out in executive orders to seize voting machines. Here is a situation where they dialed in on a specific county and found a reason to do so despite it being obviously quite unconstitutional.”
“Even in the conversations I’ve had just in the past few months there are still a lot of people involved with this effort who believed that these voting machines needed to be seized to be protected so they could prove fraud,” she added. “These people are true believers.””That’s why those clips that were just played are so important for everyone to remember, especially when this investigation might potentially lead to whether or not this was negligence or actually intentional behavior,” Alemany said. “But it is clear that the former president knew exactly what was wrong with doing these things. He called up Nancy Pelosi and Hillary Clinton on ripping up documents, taking classified information, accepting gifts, mischaracterizations because he knew it was politically damaging and gave the appearance of being corrupt. That’s what I think ultimately the DOJ is going to have to do if they decide ultimately to investigate the 15 boxes taken from Mar-A-Lago, which is what the archives has asked them to do according to our reporting yesterday.”
More on the Trumpist efforts to seize voting machines from Betsey Woodruff at Politico: Read the emails showing Trump allies’ connections to voting machine seizure push.
Leaked emails obtained by POLITICO reveal the connection of two outside Trump allies — Washington lawyer Katherine Friess and Texas entrepreneur Russell Ramsland — to the failed push to seize voting machines as part of a desperate bid to overturn the 2020 election.
The emails show then-President Donald Trump’s former national security adviser, Michael Flynn, and another former military officer workshopping the draft of a Trump executive order to seize voting machines. The emails between Flynn, retired Army Col. Phil Waldron and others provide new details about the events that preceded the assault on the Capitol last Jan. 6.
It is unclear if the Capitol riot select committee has obtained the emails. POLITICO is publishing them here, solely redacting the senders’ and recipients’ email addresses. We are also publishing two draft versions of the executive order that would have directed authorities to seize voting equipment. CBS News previously reported on the contents of the emails and published one of the drafts.
All three emails were sent to multiple people, including Friess, who appears to have lobbied for a variety of clients, including groups linked to Puerto Rico and the telecommunications industry. Friess’ visibility into the efforts to overturn the election results on Trump’s behalf has drawn comparatively little scrutiny. She did not respond to requests for comment. Ramsland, Waldron, Flynn and Trump lawyer Rudy Giuliani — also a central player in the election subversion effort — also did not respond to requests for comment.
Head over to Politico to read the emails.

Bunny Graces, by Belinda Cooper
At The Religion News Service, a report on how right win Christians and the January 6 insurrection: New report details the influence of Christian nationalism on the insurrection.
A team of scholars, faith leaders and advocates unveiled an exhaustive new report Wednesday (Feb. 9) that documents in painstaking detail the role Christian nationalism played in the Jan. 6 attack on the U.S. Capitol and calling it an unsettling preview of things to come.
Christian nationalism was used to “bolster, justify and intensify the January 6 attack on the Capitol,” said Amanda Tyler, head of the Baptist Joint Committee for Religious Liberty, which sponsored the report along with the Freedom From Religion Foundation. Tyler’s group is behind an initiative called Christians Against Christian Nationalism.
The organizations touted the report as “the most comprehensive account to date of Christian nationalism and its role in the January 6 insurrection,” compiled using “videos, statements, and images from the attack and its precursor events.”
The report, written chiefly by Andrew L. Seidel, an author and director of strategic response at the Freedom From Religion Foundation, details Christian nationalist rhetoric and symbols that cropped up at events that preceded the insurrection, such as the Million MAGA March and Jericho Marches that took place in Washington in Dec. 2020 and Jan. 2021.
Christian nationalist symbols and references, Seidel writes, were ubiquitous at those gatherings, as well as the insurrection itself: flags with superimposed American flags over Christian symbols; “An Appeal to Heaven” banners; prayers recited by members of the extremist group Proud Boys shortly before the attack or by others as they stormed the Capitol.
Speaking to reporters on Wednesday, Seidel highlighted what he called the preponderance of “openly militant” rhetoric that conflated religion and violence. He pointed to William McCall Calhoun Jr., a Georgia lawyer who reportedly claimed on social media that he was among those who “kicked in Nancy Pelosi’s office door” on Jan. 6. (Calhoun later claimed in an interview with the Atlanta Journal Constitution that he did not personally enter any office.)
What are your thoughts on all this insanity? What other stories are you following today?
Tuesday Reads
Posted: June 15, 2021 Filed under: morning reads | Tags: 2020 presidential election, Arizona, Biden plan to counter domestic terrorism, Department of Justice, Donald Trump, G7, Georgia, Jeffrey Rosen, Joe Biden, NATO, Rudy Giuliani, Vladimir Putin 23 Comments
House by the Railroad, Edward Hopper.
Good Morning!!
Revelations just keep on coming about Trump’s crazy efforts to overturn the 2020 election. The New York Times and CNN have obtained emails that show how the White House tried to get the Justice Department to investigate insane claims about election conspiracy theories, including a baseless theory about Italian satellites changing votes.
Katie Benner at The New York Times: Trump Pressed Official to Wield Justice Dept. to Back Election Claims.
An hour before President Donald J. Trump announced in December that William P. Barr would step down as attorney general, the president began pressuring Mr. Barr’s eventual replacement to have the Justice Department take up his false claims of election fraud.
Mr. Trump sent an email via his assistant to Jeffrey A. Rosen, the incoming acting attorney general, that contained documents purporting to show evidence of election fraud in northern Michigan — the same claims that a federal judge had thrown out a week earlier in a lawsuit filed by one of Mr. Trump’s personal lawyers.
Another email from Mr. Trump to Mr. Rosen followed two weeks later, again via the president’s assistant, that included a draft of a brief that Mr. Trump wanted the Justice Department to file to the Supreme Court. It argued, among other things, that state officials had used the pandemic to weaken election security and pave the way for widespread election fraud.
The draft echoed claims in a lawsuit in Texas by the Trump-allied state attorney general that the justices had thrown out, and a lawyer who had helped on that effort later tried with increasing urgency to track down Mr. Rosen at the Justice Department, saying he had been dispatched by Mr. Trump to speak with him.
The emails, turned over by the Justice Department to investigators on the House Oversight Committee and obtained by The New York Times, show how Mr. Trump pressured Mr. Rosen to put the power of the Justice Department behind lawsuits that had already failed to try to prove his false claims that extensive voter fraud had affected the election results….
The documents dovetail with emails around the same time from Mark Meadows, Mr. Trump’s chief of staff, asking Mr. Rosen to examine unfounded conspiracy theories about the election, including one that claimed people associated with an Italian defense contractor were able to use satellite technology to tamper with U.S. voting equipment from Europe.

Yellow House in Arles, Vincent Van Gogh
Benner reports much more insanity in this article. Here’s just a bit more:
Much of the correspondence also occurred during a tense week within the Justice Department, when Mr. Rosen and his top deputies realized that one of their peers had plotted with Mr. Trump to first oust Mr. Rosen and then to try to use federal law enforcement to force Georgia to overturn its election results. Mr. Trump nearly replaced Mr. Rosen with that colleague, Jeffrey Clark, then the acting head of the civil division.
Mr. Rosen made clear to his top deputy in one message that he would have nothing to do with the Italy conspiracy theory, arrange a meeting between the F.B.I. and one of the proponents of the conspiracy, Brad Johnson, or speak about it with Rudolph W. Giuliani, Mr. Trump’s personal lawyer.
“I learned that Johnson is working with Rudy Giuliani, who regarded my comments as an ‘insult,’” Mr. Rosen wrote in the email. “Asked if I would reconsider, I flatly refused, said I would not be giving any special treatment to Giuliani or any of his ‘witnesses’, and reaffirmed yet again that I will not talk to Giuliani about any of this.”
More details from CNN: New emails show how Trump and his allies pressured Justice Department to try to challenge 2020 election results.
The emails also provide new detail into how Mark Meadows, then-White House chief of staff, directed Rosen to have then-Assistant Attorney General Jeffrey Clark — who reportedly urged Trump to make him acting attorney general instead of Rosen — investigate voter fraud issues in Georgia before the US attorney there resigned in January.
Amid the pressure, Rosen said he refused to speak to Trump’s personal lawyer Rudy Giuliani about his false claims that the 2020 election was stolen.
When Meadows sought to have Rosen arrange an FBI meeting with a Giuliani ally pushing a conspiracy theory that Italy was using military technology and satellites to somehow change votes to Joe Biden, Rosen said he would not help Giuliani.
Weatherside, 1965, by Andrew Wyeth
“I flatly refused, said I would not be giving any special treatment to Giuliani or any of his ‘witnesses,’ and re-affirmed yet again that I will not talk to Giuliani about any of this,” Rosen wrote to Donoghue.\The new emails provide additional detail to reports earlier this month from CNN, The New York Times and others on Meadows’ emails to Rosen after the election, which revealed how the top White House aide had urged the Justice Department to take action for Trump’s benefit. The emails included a list of complaints about voting procedures in New Mexico, alleged “anomalies” in a Georgia county and the claims about Italian satellites.
The emails also show how Trump directed allies toward Rosen, who had been named acting attorney general following Barr’s December 2020 resignation after Barr had publicly said there had not been widespread fraud in the election.
Kurt Olsen, a private attorney, reached out to John Moran at the Justice Department on December 29 requesting a meeting with Rosen, promising he could meet at the Justice Department with an hour’s notice. He attached a draft complaint modeled after the Texas Supreme Court lawsuit unsuccessfully challenging the election results in four states, and wrote in a follow-up email that Trump directed him to meet with Rosen to discuss the US bringing a similar action.
“The President of the United States has seen this complaint, and he directed me last night to brief AG Rosen in person today to discuss bringing this action,” Olsen wrote. “I have been instructed to report back to the President this afternoon after the meeting.”
The same day, Trump’s White House assistant also forwarded the draft complaint to Rosen and Donoghue to review, saying it had also been shared with Meadows and White House counsel Pat Cipollone.
By the end of the year, it was clear Rosen and Donoghue had tired of the pressure campaign from the White House.
At least it’s good to know there was pushback from some Trump appointees.
The insanity continues in Arizona and elsewhere. Will Sommer at The Daily Beast: Republicans Now Want to ‘Audit’ Election Results in States That Trump Won.
In the wake of the Arizona audit’s success at grabbing publicity across right-wing media, Republican lawmakers in states that Trump won are demanding Arizona-style audits or other election inspections of their own.
The Republican hunt for voter-fraud evidence even in states that voted for Trump reveals how far inside the party the idea has spread that the election was stolen.
Houses at Falaise in the Fog, Claude Monet
Focusing on fraud claims allows Republican officials to raise money and attention from devoted Trump supporters, according to former Republican National Committee communications director Doug Heye. It also helps lawmakers align themselves with Trump’s claims of widespread fraud, ingratiating themselves with the energized Trump grassroots as they try to claim more power in the party.“
This is about two things, and these are symbiotic,” Heye said. “The continued fealty for all things Trump, and placating the base or the portion of the base that still can’t accept a clear loss.” [….]
The prospect of audits that could somehow dispute Biden’s electoral college win have become articles of faith for Trump supporters unable to get over the former president’s defeat, as Republican-held legislatures across the country use a sense that the election was stolen to push voting restrictions across the country. Some Republican voters have also become fixated on a “domino theory” about the election, which holds that if Arizona’s audit finds fraud in their election, other states that voted for Biden will fall like dominos.
In other news, today the Biden administration released a “National Strategy for Countering Domestic Terrorism.” You can read the White House statement at that link.
The New York Times: Biden Administration Forms Blueprint to Combat Domestic Extremism.
The Biden administration is aiming to bolster information sharing with technology companies, potentially expand hiring of intelligence analysts and improve screening of government employees for ties to domestic terrorism as part of a much-anticipated plan expected to be released on Tuesday detailing how the federal government should combat extremism.
President Biden ordered the review of how federal agencies addressed domestic extremism soon after coming into office, part of an effort to more aggressively acknowledge a national security threat that has grown since the Capitol riot on Jan. 6.
Changing a Flat, Norman Rockwell
The 32-page plan synthesizes steps that have been recommended by national security officials — including bolstering relationships with social media companies and improving information sharing among law enforcement agencies — into one blueprint on how to more effectively identify extremists in the country after years of heightened focus on foreign terrorists.
“We cannot ignore this threat or wish it away,” Mr. Biden wrote in the strategy document. “Preventing domestic terrorism and reducing the factors that fuel it demand a multifaceted response across the federal government and beyond.”
The new strategy was widely expected to detail a position on whether the government should establish a domestic terrorism law that prosecutors could use to investigate and charge homegrown extremists instead of relying on assault, murder and hate crime charges. The strategy instead indicates that the administration is focused for now on bolstering methods of combating extremism already used by the government, despite Mr. Biden calling for such a law during the presidential campaign.
The Guardian: White House unveils first national strategy to fight domestic terrorism.
The White House has published its first ever national strategy for countering domestic terrorism five months after a violent mob stormed the US Capitol in Washington.
The framework released on Tuesday by the national security council describes the threat as now more serious than potential attacks from overseas but emphasises the need to protect civil liberties.
Anticipating Republican objections that Joe Biden could use counterterrorism tools to persecute supporters of Donald Trump, the strategy is also careful to state that domestic terrorism must be tackled in an “ideologically neutral” manner.
Houses in Munich, 1908, Wassily Kandinsky
It cites examples such as “an anti-authority extremist” ambushing, shooting and killing five police officers in Dallas In 2016; a lone gunman (and leftwing activist) wounding four people at a congressional baseball practice in 2017; and an “unprecedented attack” on Congress on 6 January.
“They come across the political spectrum,” a senior administration said on a media conference call. “We acknowledge the shooting at the congressional baseball, the attack on police officers in Dallas, just as we acknowledge the attack in Charlottesville and the attack on the Capitol on January 6.
“So it’s not motivating politics or ideology that matters for us or, more importantly for the strategy and its implementation. It’s when political grievances become acts of violence and we remain laser focused on that.”
Of course Biden is in Europe right now, and he will meet with Vladimir Putin soon. David Rothkopf at The Daily Beast: Here’s What Biden’s Team Expects From His Meeting With Putin.
The political world and the media have zeroed in on President Joe Biden’s meeting this week with Vladimir Putin as the most important diplomatic event in which this young administration has participated. But the truth is that the heaviest diplomatic lifting with regard to the US-Russia relationship, and American national security, will have already taken place before the meeting in Geneva begins—or it will come in its wake.
National Security Advisor Jake Sullivan said that Biden would be arriving at the Geneva meeting “with the wind at his back.” What he meant by that, according to a senior official traveling with the president, is that “in many respects, the most important part of the president’s message to Putin will have been made in the days before the meeting.” The official cited the achievements associated with Biden’s meetings with the U.K. leadership, G7 leaders, his NATO counterparts and top officials from the EU.
House in Provence, 1867, Paul Cezanne
Trump not only distinguished himself from all previous American presidents by publicly bending the knee before his political sponsor Vladimir Putin in Helsinki, on Twitter and whenever he had the chance, the only coherent part of Trump foreign policy was that he effectively rejected three-quarters of a century of U.S. history by seeking to dismantle the international order America had tried to build since World War II. He attacked our allies. He condemned NATO. He disparaged the EU. And whenever he was given a chance, he rewarded Putin despite his invasion of Ukraine, his murder of his opponents (including on foreign soil), his freelancing in Syria, his efforts to erode the west’s relationship with Turkey and more.
Biden has been one of those who helped build the international system Trump attacked. He has been committed to undoing the damage Trump did. Just in the last week, Biden announced an effort to revitalize the Atlantic Charter, mended ties within the G7, made an unprecedented pledge of 500 million doses of COVID-19 vaccine as part of the G7’s commitment to provide 1 billion doses to needy nations worldwide, and re-engaged with our allies on terms more consistent with the pro-democracy, anti-autocracy message of our past.
Read the rest at The Daily Beast.
That’s it for me. What’s on your mind today?






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