Thursday Reads: Come Hell and High Water

Posted: March 31, 2022 | Author: | Filed under: just because | Tags: , , , | 22 Comments

The Storm, Pierre-Auguste Cot, 1880, The Met

Good Day Sky Dancers!

I’m back from another few days of more excitement than I really need.  Fortunately, the worst of yesterday’s storms missed the City of New Orleans but more than a dozen tornadoes ravaged the south including states north and east of us.  I spent most of the evening fixated on the various radars identifying debris and hooks.  I can’t wait to get my weather station set up in the backyard!

There is some news coming out of the Justice Department about a criminal probe into the January 6 rally prep and funding. The Washington Post had most of its national security reporters on the story and it’s a big one!  They broke the story last night around supper time. “Justice Dept. expands Jan. 6 probe to look at rally prep, financing. Subpoena requests seek information about the planning for gathering outside White House that preceded Capitol riot”

In the past two months, a federal grand jury in Washington has issued subpoena requests to some officials in former president Donald Trump’s orbit who assisted in planning, funding and executing the Jan. 6 rally, said the people familiar with the matter, who spoke on the condition of anonymity to discuss an ongoing investigation.

The development shows the degree to which the Justice Department investigation — which already involves more defendants than any other criminal prosecution in the nation’s history — has moved further beyond the storming of the Capitol to examine events preceding the attack.

The events of Jan. 6, 2021, are a legally fraught puzzle for federal investigators. Prosecutors and FBI agents must distinguish between constitutionally protected First Amendment activity, such as speech and assembly, and the alleged conspiracy to obstruct Congress or other potential crimes connected to fundraising and organizing leading up to Jan. 6.

The task is also complicated by the proximity of those two very different types of activities — speech and violence — that occurred within hours of each other and less than a mile apart.

Edvard Munch, The Storm, 1893 MoMA

Also revealed yesterday were more details concerning the huge loss of phone logs on the day of the attack.  This is from the UK Guardian. “Revealed: Trump used White House phone for call on January 6 that was not on official log. Trump’s call to Republican senator should have been reflected in presidential call log on day of Capitol attack but wasn’t.”  There was some suspicion of the use of a burner phone or borrowed phones as BB discussed in earlier posts this week. This seems to show at least one phone call that wasn’t logged or was and then removed.

Donald Trump used an official White House phone to place at least one call during the Capitol attack on January 6 last year that should have been reflected in the internal presidential call log from that day but was not, according to two sources familiar with the matter.

The former president called the phone of a Republican senator, Mike Lee, with a number recorded as 202-395-0000, a placeholder number that shows up when a call is incoming from a number of White House department phones, the sources said.

The number corresponds to an official White House phone and the call was placed by Donald Trump himself, which means the call should have been recorded in the internal presidential call log that was turned over to the House select committee investigating the Capitol attack.

Trump’s call to Lee was reported at the time, as well as its omission from the call log, by the Washington Post and CBS. But the origin of the call as coming from an official White House phone, which has not been previously reported, raises the prospect of tampering or deletion by Trump White House officials.

It also appears to mark perhaps the most serious violation of the Presidential Records Act – the statute that mandates preservation of White House records pertaining to a president’s official duties – by the Trump White House concerning January 6 records to date.

This is from the Norm Eisen link to CNN and his OpEd co-authored with Fred Wertheimer. “Finally, a road map to hold Trump accountable.”

The resignation of two Manhattan prosecutors for their boss’s failure to charge former President Donald Trump over potential financial crimes last month has reignited debate over whether he will ever be held accountable for his alleged misdeeds.

That matters not only looking back but also going forward because perhaps his most notorious outrage — the big lie that he won the 2020 presidential election — has not halted. It continues to drive hundreds of voter suppression and election sabotage bills and anti-democratic candidates across the country. And it has captured and corrupted a significant faction of the Republican Party.

Thankfully, Judge David Carter’s decision on Monday, finding Trump “more likely than not” committed crimes, sets out a road map for finally imposing consequences for the big lie. It does so by tackling the thorniest legal issues regarding Trump, his enablers and the events in and around January 6, 2021 — and showing how they can be addressed by prosecutors.

Perhaps the most daunting of these is the question of Trump’s criminal intent. How can a prosecutor prove what Trump was thinking when he publicly claims good faith but refuses to testify, when those closest to him also resist or are hostile witnesses and when he does not use the prosecutor’s best friend, email?

Intent is where the Manhattan District Attorney’s financial case seemed to come a cropper. Whatever you think of the DA’s failure to prosecute financial crime, and we strongly disagreed, Carter offered a powerful array of evidence about democracy crimes.

Carter applies precedent to show that “a person does not need to know their actions are wrong to break the law.” Trump exceeded this threshold because he likely knew that right-wing lawyer John Eastman’s plan to throw out electoral votes was illegal. Carter cites the January 6 House select committee’s carefully compiled evidence that Trump was advised publicly and privately numerous times that there was absolutely no evidence of significant electoral fraud.

As the opinion notes, Trump’s calls to Georgia Secretary of State Brad Raffensperger in which he famously asked the secretary to “give (him) a break” and “find 11,780 votes” (one vote more than Biden’s margin of victory in that state) reveal the former President’s goal: not to undertake any legitimate investigation, but simply to overturn the election. This is strong evidence of a “corrupt mindset,” and it leads Carter to an eminently simple conclusion: “(t)he illegality of the plan was obvious.”

Edward Mitchell Bannister, Approaching Storm, 1886, Smithsonian American Art Museum,

I’d also like to use the Wayback Machine to visit Marcie’s Post of February 21 that covers “HOW JUDGE AMIT MEHTA ARGUED IT PLAUSIBLE THAT TRUMP CONSPIRED WITH TWO MILITIAS at Empty Wheel.

IT IS PLAUSIBLE THAT DONALD TRUMP ENTERED INTO A CONSPIRACY WITH TWO MILITIAS

As Judge Mehta laid out, accepting the claims alleged as true (which one must do on motions to dismiss), there were five things Trump did that made the plaintiffs’ claims of a conspiracy plausible, which is the standard required to reject the motion to dismiss:

  • They agreed to pursue the goal of disrupting the vote certification: “The President, the Proud Boys, the Oath Keepers, and others “pursu[ed] the same goal”: to disrupt Congress from completing the Electoral College certification on January 6th.”
  • Trump encouraged means of obstructing the vote count and the militias (and others) carried them out: “He knew the respective roles of the conspirators: his was to encourage the use of force, intimidation, or threats to thwart the Certification from proceeding, and organized groups such as the Proud Boys and the Oath Keepers would carry out the required acts.”
  • Trump incited law-breaking: “Based on these allegations, it is reasonable to infer that before January 6th the President would have known about the power of his words and that, when asked, some of his supporters would do as he wished. On January 6th they did so. When he called on them to march to the Capitol, some responded, “Storm the Capitol.” Thousands marched down Pennsylvania Avenue as directed. And, when some were inside the Capitol, they told officers, “We were invited here by the President of the United States.”
  • Trump called for collective action: “Fourth, the President’s January 6 Rally Speech can reasonably be viewed as a call for collective action. The President’s regular use of the word “we” is notable.”
  • Trump ratified the riot: “And then, around 6:00 p.m., after law enforcement had cleared the building, the President issued the following tweet: ‘These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!’ A reasonable observer could read that tweet as ratifying the violence and other illegal acts that took place at the Capitol only hours earlier.”

Laying out the conspiracy like this is the easy part.

The hard part is finding that the sitting President could be sued, and could be sued substantially for his speech.

Marcie notes the Judge took care of that part too in 3 easy steps.  So, it’s getting increasingly obvious that sitting judges consider Trump guilty-as-fuck to use a JJism.  If you want some more of Marcie’s research follow this thread as she schools Ben Wittes for not doing his homework.

Well, enough of the Trump Hell realm. Now to the Russian-created Hell Realm.

Henri Rousseau, Tiger In A Tropical Storm Surprised, National Gallery, London, England

That all looks promising.  From the NBC Link:

The Biden administration could soon announce a plan to release around 1 million barrels of oil a day from the Strategic Petroleum Reserve for as long as six months, a source familiar with the matter has told NBC News. The announcement could come as soon as Thursday.

In Ukraine, an evacuation convoy of 17 buses was able to leave the besieged port city of Mariupol Thursday morning, according to its city council, with further evacuations anticipated for Friday. Meanwhile, the Pentagon said it had seen Russian forces near Kyiv move north or into Belarus, with both the U.S. and U.K. saying it appeared troops were looking to resupply and reorganize.

But, from the Covid-19 front, it looks like Mitch wants us all to die and go to hell.

The size of a bipartisan package to provide fresh spending to combat COVID-19 could shrink to $10 billion, Senate Republican Leader Mitch McConnell said Thursday, and the chamber’s top Democrat also suggested its price tag could fall.

Negotiators have been trying for weeks to revive a $15.6 billion compromise they had agreed to earlier this month. That fell apart after House Democrats rejected cuts in pandemic aid to states to help pay for it, and the parties remain divided over how to find savings both sides can accept.

The new money would be to purchase vaccines, treatments and tests, which the administration says are running low, even as the more transmissible omicron variant BA.2 spreads quickly in the U.S. and abroad.

So, that’s it for me today. I’ll be back tomorrow with more from all of these black swan events.

What’s on your reading and blogging list today?

Lazy Caturday Reads

Posted: March 19, 2022 | Author: | Filed under: Afternoon Reads | Tags: , , , , , , , , , , , , , , | 45 Comments

Good Afternoon!!

St.Gertrude herself and cats Zarathustra and David Bowie captured in stained glass

St.Gertrude herself and cats Zarathustra and David Bowie captured in stained glass

It’s been a long time since I posted Fat Cat Art by Svetlana Petrova & Zarathustra the Cat / FatCatArt.com. Dakinikat posted a comment on Thursday about St. Gertrude, the patron saint of cats, whose feast day is the same as St. Patrick’s day. I was looking for paintings of her when I came across this one at the Fat Cat Art site. The other images in this post are also by Petrova and her late beloved ginger cat Zarathustra.

The Ukraine war rages on, as Putin continues to commit ghastly war crimes by attacking civilians. Reading about what’s happening, let alone watching the images on TV is horrifying. It’s a terribly helpless feeling, and there’s a temptation to want the U.S. to get more actively involved, but that is simply impossible.

Last night on MSNBC, Lawrence O’Donnell gave a powerful explanation of what the U.S. trying to enforce a no fly zone over Ukraine would mean. You can watch it on The Last Word website. It lasts about 7 minutes. Basically, O’Donnell said that the very idea is a fantasy and that a no fly zone has never been enforced against a nuclear power. It would mean U.S. and Russian pilots being shot down and killed and would also involve U.S. planes flying over Russian territory. I recommend watching it if you didn’t see it last night.

For the latest news on Ukraine, I recommend The Guardian’s summary of the latest updates: Russia-Ukraine war: what we know on day 24 of the invasion.

  • Ukrainian president Volodymyr Zelenskiy says the time has come for peace talks, warning that it will otherwise take generations for Russia to recover from losses suffered during the war. He released a video address saying Ukraine wanted meaningful and honest negotiations with Moscow on peace and security without delay, Reuters reported. “The time has come for a meeting – it is time to talk.” Zelenskiy said Russian forces were deliberately blocking humanitarian supplies to cities under attack.
  • Ukraine’s position is unchanged in talks with Russia, Ukrainian negotiator Mykhailo Podolyak said. Earlier today, a member of Russia’s negotiating team said Moscow and Kyiv were most aligned on Ukraine’s neutrality and giving up on joining Nato. Podolyak accused Russian statements of attempting “to provoke tension in the media”.
  • Russia says it has used a hypersonic weapon for the first time, to destroy an underground military depot in western Ukraine. Hypersonic missiles are fast weapons that can evade detection by missile defence systems. The defence ministry said it had destroyed a large underground depot for missiles and aircraft ammunition in the Ivano-Frankivsk region.
  • Ukraine’s interior minster told Associated Press it would take years to find and defuse all of the unexploded ordnance from the country. Denys Monastyrsky said: “A huge number of shells and mines have been fired at Ukraine and a large part haven’t exploded. They remain under the rubble and pose a real threat. It will take years, not months, to defuse them.”
  • Sergei Lavrov, Russia’s foreign minister, praised Fox News for its coverage of the war in Ukraine during an in-studio interview with the Russian state-controlled RT network. “We know the manners and the tricks that are being used by the western countries to manipulate media … If you take the United States, only Fox News is trying to present some alternative point of view,” he said.

Click the link for more updates.

Boris Kustodiev. Merchant’s Wife at Cat’s Tea

Boris Kustodiev. Merchant’s Wife at Cat’s Tea

In other news, Republicans are of course trying to smear Supreme Court nominee Ketanji Brown Jackson and it is sickening.

Ruth Marcus at The Washington Post: Opinion: How low will the GOP go in taking on Ketanji Brown Jackson? Josh Hawley lets us know.

“I’ve noticed an alarming pattern when it comes to Judge Jackson’s treatment of sex offenders, especially those preying on children,” Hawley tweeted. “I’m concerned that this [is] a record that endangers our children.” [….]

In the cherry-picked, context-free Hawley-verse, Jackson has been lying in wait to foist this child-endangerment scheme on the country since her law school days. Count one is her writing as a student editor on the Harvard Law Review, about sex-offender registries, DNA databanks and civil-commitment laws that states were busy enacting.

In her article, Jackson grappled with the tension between constitutional limits on permissible punishment and the community’s need for self-protection. Given conservatives’ focus on analyzing the text of a law rather than divining lawmakers’ intent, you might have thought that Hawley would cheer Jackson’s argument that in assessing the constitutionality of sex offender laws, “courts have relied too heavily on the legislatures’ intent.” But no.

Instead, Hawley wrenches a few lines out of context. “As far back as her time in law school, Judge Jackson has questioned making convicts register as sex offenders — saying it leads to ‘stigmatization and ostracism.’ ”

Hello, Senator? That is in a section headlined “The Critics” that outlines the views of the statute’s opponents. Hawley might just have easily quoted from the previous section — “commitment legislation literally immobilizes dangerous sexual deviants and, thus, presumably promotes both immediate and long-term public safety.”

And that’s just from Jackson’s law school days. Hawley also attacks Jackson for supporting a review of minimum sentencing guidelines for child porn along with every other member of the U.S. Sentencing Commission. Finally he criticizes her work as a judge:

Vincent van Gogh, The Starry Night, true version, aka The Furry Night

Vincent van Gogh, The Starry Night, true version, aka The Furry Night

The final count against Jackson involves how she, in Hawley’s assessment, “put her troubling views into action. In every single child porn case for which we can find records, Judge Jackson deviated from the federal sentencing guidelines in favor of child porn offenders.”

Sounds terrible, right? Except because the guidelines are so outdated and therefore unfair, that’s what judges do in almost every case — 70 percent, according to the latest statistics.

According to data compiled by the U.S. Sentencing Commission, judges imposed below-guidelines sentences in nearly 80 percoent of child pornography cases in the District of Columbia, where Jackson was a trial court judge before being elevated to the appeals court. In Missouri, Hawley’s home state, judges imposed sentences below the guidelines in more than 77 percent of cases.

For more background on Jackson’s record on these issues, you can read this article by Tierney Sneed at CNN: GOP senators push misleading portrayal of Ketanji Brown Jackson’s record on child porn cases.

After Hawley posted a Twitter thread enumerating his false accusations, right wing “news” outlet OAN took the smears even further. Media Matters: Baseless OAN attack on Ketanji Brown Jackson echoes QAnon conspiracy theory.

Following Sen. Josh Hawley’s (R-MO) Twitter rant yesterday against Supreme Court nominee Judge Ketanji Brown Jackson, a segment on OAN took his unfounded and misleading attacks against her record in a more deranged direction. The host and her guest falsely accused Jackson of being “kind” to pedophiles, echoing the long-running QAnon conspiracy theory accusing liberal elites of engaging in pedophilia.

During the March 17 segment on OAN’s Tipping Point, host Kara McKinney outlined the conspiratorial accusations against Jackson before RedState editor Brandon Morse immediately dove into QAnon-like commentary about what he described as “the pedophilia problem that is currently happening in the left”

Here’s what Morse had to say:

Andrew Wyeth, The Cat in Christina’s World

Andrew Wyeth, The Cat in Christina’s World

Morse claimed that the “corporate media” is ignoring this issue because of self-interest:

They have been doing their absolute best to try to eliminate any substantial talk about the pedophilia problem that is currently in the left and especially the radical left. They have been trying to make this almost a normal thing for some time. And if they come down hard on it, then it’ll reinforce the idea to society that pedophilia is a bad thing. And it is a very bad thing. It should be come down on hard. But they’re not.

And I’m afraid that the reason that they’re not doing this is because there’s probably more pedophiles, or at least people who are friendly to pedophiles out there, than we might think in positions of power, especially on the left. You know, you had a ton of people suddenly go into hiding or shut up, you know, once Jeffrey Epstein was back in the spotlight for this. And it’s scary to think that you have a lot of these leftists, these Democrats, politicians, activists, media figures who have been caught, or who have been trying to ease the pain of any of these pedophiles who are to be — who should be suffering for their crimes. You see this a lot, lately.

And it’s scary to think that this new judge that’s come up here is one of these people who is going to be very kind to them. 

It sounds like the upcoming hearings on Jackson’s nomination are going to be an embarrassing clown show.

From the AP, some horrifying news from South Carolina: Firing-squad executions get the greenlight in South Carolina.

South Carolina has given the greenlight to firing-squad executions, a method codified into state law last year after a decade-long pause in carrying out death sentences because of the state’s inability to procure lethal injection drugs.

The state Corrections Department said Friday that renovations have been completed on the death chamber in Columbia and that the agency had notified Attorney General Alan Wilson that it was able to carry out a firing-squad execution.

Lawmakers set about tweaking state law to get around the lethal injection drug situation. Legislation that went into effect in May made the electric chair the state’s primary means of execution while giving inmates the option of choosing death by firing squad or lethal injection, if those methods are available.

During South Carolina’s lengthy debate, Democratic state Sen. Dick Harpootlian — a prosecutor-turned-criminal-defense lawyer — introduced the firing squad option. He argued that it presented “the least painful” execution method available.

Gustav Klimt, Portrait of Adele Bloch-Bauer with the Cat

Gustav Klimt, Portrait of Adele Bloch-Bauer with the Cat

“The death penalty is going to stay the law here for a while,” Harpootlian said. “If we’re going to have it, it ought to be humane.”

According to officials, the death chamber now also includes a metal chair, with restraints, in the corner of the room in which inmates will sit if they choose execution by firing squad. That chair faces a wall with a rectangular opening, 15 feet away, through which the three shooters will fire their weapons.

State officials also have created protocols for carrying out the executions. The three shooters, all volunteers who are employees of the Corrections Department, will have rifles loaded with live ammunition, with their weapons trained on the inmate’s heart.

A hood will be placed over the head of the inmate, who will be given the opportunity to make a last statement.

Finally, the House isn’t keen on the Senate’s permanent daylight saving time bill, according to Dan Diamond of The Washington Post: Senate plan for permanent daylight saving time faces doubts in the House.

The House is set to hit the snooze button on the Senate’s plan to permanently change the nation’s clocks.

“It could be weeks — or it could be months” before House Democratic leaders decide whether to tee up a vote on eliminating the biannual clock changes that have governed daily life in most states for decades, said Rep. Frank Pallone Jr. (D.-N.J.), who chairs the House Energy and Commerce Committee that oversees time change policies. While the Sunshine Protection Act, which unanimously passed the Senate on Tuesday, would nationally shift clocks an hour later to maximize daylight, some doctors have argued that adopting permanent standard time would be a healthier option and better align with humans’ natural rhythms.

Pallone, who held a hearing last week on daylight saving time, said he shares the Senate’s goal to end the “spring forward” and “fall back” clock changes linked to more strokes, heart attacks and car accidents. But he wants to collect more information, asking for a long-delayed federal analysis on how time changes might affect productivity, traffic and energy costs, among other issues.

Pablo Picatso, Woman with a Fan and a Cat, having fun

Pablo Picasso, Woman with a Fan and a Cat, having fun

“There isn’t a consensus, in my opinion in the House, or even generally at this point, about whether we should have standard versus daylight saving as the permanent time,” Pallone said. “Immediately after the Senate passed the bill, I had members come up to me on the floor and say, ‘Oh, don’t do that. I want the standard time,’ ” he added, declining to identify the lawmakers.

The White House also has not communicated its position on permanent daylight saving time, congressional aides said. While President Biden, as a freshman senator, voted for that in December 1973 — the last time that Congress attempted to institute the policy nationwide — he also witnessed the near-immediate collapse of support amid widespread reports that darker winter mornings were contributing to more car accidents and worsened moods. Members of Congress introduced nearly 100 pieces of legislation to change or do away with the law before it was finally repealed in October 1974.

A few more stories to check out:

Raw Story: Top Kremlin spy boss reportedly under house arrest over Ukraine debacle: WSJ.

The Washington Post: It’s 70 degrees warmer than normal in eastern Antarctica. Scientists are flabbergasted.

Greg Bluestein at Politico: How Brian Kemp Resisted Trump’s Pressure to Overturn the Georgia Election Results.

The Daily Beast: People’s Convoy Reveals Ridiculous New Goal: ‘Take Back’ Black Lives Matter Plaza.

That’s it for me today. What are you thinking and reading about? Take care Sky Dancers!