Thursday Reads: Latest on the Stolen Government Docs and Other News

Posted: October 6, 2022 | Author: bostonboomer | Filed under: Donald Trump, morning reads | Tags: 11th Circuit appeals court, animal cruelty, DOJ, Dr. Oz, Judge Aileen Cannon, SCOTUS, stolen documents | 20 Comments

Georgia O’Keeffe, Autumn Trees

Good Morning!!

I got the Omicron booster and a flu shot this morning. I was fortunate that the local Council on Aging came to my apartment building to give the vaccines. My town is really nice to us old folks.

Both of my arms hurt already, especially the left, where I got the Covid shot. I hope I won’t have a too many side effects. It hurts to type, so this won’t be a fancy post.

Before I get going on the latest news, I want to share this shocking story about Dr. Oz that Jezebel published on Monday: Dr. Oz’s Scientific Experiments Killed Over 300 Dogs, Entire Litter of Puppies.

…[A] review of 75 studies published by Mehmet Oz between 1989 and 2010 reveals the Republican Senate candidate’s research killed over 300 dogs and inflicted significant suffering on them and the other animals used in experiments.

Oz, the New Jersey resident who’s currently running for U.S. Senate from Pennsylvania, was a “principal investigator” at the Columbia University Institute of Comparative Medicine labs for years and assumed “full scientific, administrative, and fiscal responsibility for the conduct” of his studies. Over the course of 75 studies published in academic journals reviewed by Jezebel, Oz’s team conducted experiments on at least 1,027 live animal subjects that included dogs, pigs, calves, rabbits, and small rodents. Thirty-four of these experiments resulted in the deaths of at least 329 dogs, while two of his experiments killed 31 pigs, and 38 experiments killed 661 rabbits and rodents.

In the early 2000s, testimony from a whistleblower and veterinarian named Catherine Dell’Orto about Oz’s research detailed extensive suffering inflicted on his team’s canine test subjects, including multiple violations of the Animal Welfare Act, which sets minimum standards of care for dogs, cats, primates, rabbits, and other animals in the possession of animal dealers and laboratories. The law specifically requires researchers and breeders to use pain-relieving drugs or euthanasia on the animals, and not use paralytics without anesthesia, or experiment multiple times on the same animal.

Dell’Orto testified that a dog experimented on by Oz’s team experienced lethargy, vomiting, paralysis, and kidney failure, but wasn’t euthanized for a full two days. She alleged other truly horrifying examples of gratuitously cruel treatment of dogs, including at least one dog who was kept alive for a month for continued experimentation despite her unstable, painful condition, despite how data from her continued experimentation was deemed unusable. According to Dell’Orto, one Oz-led study resulted in a litter of puppies being killed by intracardiac injection with syringes of expired drugs inserted in their hearts without any sedation. Upon being killed, the puppies were allegedly left in a garbage bag with living puppies who were their littermates. Dell’Orto’s allegations, made in 2003 and 2004, are detailed in letters from PETA to the university and USDA. In an interview with Billy Penn last month, she acknowledged PETA “is not a reliable source of information,” but said the organization’s letters honestly reflected what she told the organization and provided documentation for.

In May 2004, Columbia University was ordered by the USDA to pay a $2,000 penalty for violations of the Animal Welfare Act. The fine paid by Columbia was the result of a settlement between the university and the USDA, based on the findings of Columbia’s internal investigation of Oz’s research. The USDA accepted these findings, but according to Dell’Orto, the review was faulty, and “had investigators on the committee that were also complicit in this type of poorly designed, cruel animal experimentation.” Dell’Orto also noted that while Oz wasn’t the one who euthanized the dogs and puppies himself, “When your name is on the experiment, and the way the experiment is designed inflicts such cruelty to these animals, by design, there’s a problem.”

Oz also opposes abortion, so he doesn’t have a problem with women dying either.

There’s quite a bit of news on the stolen government documents investigation, so I’m going to focus on that. I’ll add more news links at the end of the post.

Pierre Bonnard, Autumn View, 1912

Yesterday afternoon, the 11th Circuit appeals court undercut Trump’s SCOTUS appeal by granting the DOJ’s request for expedited consideration of their appeal of Judge Loose Cannon’s special master decision. Josh Gerstein and Kyle Cheney at Politico: Appeals court expedites DOJ challenge to Mar-a-Lago special master.

A federal appeals court agreed on Wednesday to expedite consideration of a Justice Department’s bid to shut down the external review process for the 11,000 documents seized by the FBI during its August raid of former President Donald Trump’s residence.

The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government’s appeal to remove what prosecutors contend is an unnecessary obstacle to their investigation into potentially illegal retention of classified information, theft of government records and obstruction of justice.

The schedule set by the appeals court for legal briefing on the issue is not quite as rapid as the Justice Department proposed, but is faster than Trump’s legal team urged. Under the new schedule, Trump’s lawyers would have to stake out their position in the dispute by Nov. 10 and briefing would be complete by Nov. 17.

“No extensions allowed,” Judge Adalberto Jordan wrote, indicating that he had consulted with Chief Judge William Pryor on the plan.

No date was set Wednesday for oral argument, but Adalberto’s order said a “special merits panel” would be assigned to the case.

The legal fight over the documents found at Trump’s Mar-a-Lago club in Florida has now proliferated into four arenas: the Florida courtroom of U.S. District Court Judge Aileen Cannon, who first approved the former president’s request for a special master; the Brooklyn courtroom of the special master she appointed, senior Judge Raymond Dearie; the Atlanta-based 11th Circuit Court of Appeals and the Supreme Court.

Tuesday Reads

Posted: October 4, 2022 | Author: bostonboomer | Filed under: Afternoon Reads, Donald Trump, just because | Tags: "independent state legislature theory", DOJ, FBI, Mar-a-Lago, National Archives, nuclear weapons, Oath Keepers, Russia, SCOTUS, seditious conspiracy, stolen government documents, Ukraine, Vladimir Putin | 18 Comments

Mr Toad in The Wind in the Willows Inga Moore

Mr Toad in The Wind in the Willows, illustration by Inga Moore

Good Afternoon!!

My posts are getting later and later. I look around at what’s happening in the world on my blogging days and somehow it takes me a long time to get going. Maybe it’s just because I’m getting old, or maybe it’s because I’m traumatized by seven years of reading about Trump and the horrors he has inflicted on our country–or maybe both. I don’t know why I ever thought he would go away once he was out of office. Back when he was ranting on Twitter all the time, I used to wish he would go away and leave us alone. Now I realize he will never go away until he dies, and even then we’ll be reading about the damage he has done–if we survive as a country with freedom of speech and press, that is.

The latest on Trump’s legal problems and crimes

The Washington Post: Trump’s lawyer refused his request in February to say all documents returned.

Former president Donald Trump asked one of his lawyers to tell the National Archives and Records Administration in early 2022 that Trump had returned all materials requested by the agency, but the lawyer declined because he was not sure the statement was true, according to people familiar with the matter.

As it turned out, thousands more government documents — including some highly classified secrets — remained at Trump’s Mar-a-Lago residence and private club….

Alex Cannon, an attorney for Trump, had facilitated the January transfer of 15 boxes of presidential records from Mar-a-Lago to the National Archives, after archives officials agitated for more than a year to get “all original presidential records” back, which they are required by law to do. Following months of stonewalling by Trump’s representatives, archives officials threatened to get the Justice Department or Congress involved.

Trump himself eventually packed the boxes that were returned in January, people familiar with the matter said. The former president seemed determined in February to declare that all material sought by the archives had been handed over, said the people, who like others interviewed for this article spoke on the condition of anonymity to discuss internal conversations.

Around the same time The Washington Post reported that the archives had retrieved documents from Mar-a-Lago, the people said, Trump asked his team to release a statement he had dictated. The statement said Trump had returned “everything” the archives had requested. Trump asked Cannon to send a similar message to archives officials, the people said. In addition, the former president told his aides that the documents in the boxes were “newspaper clippings” and not relevant to the archives, two of these people said, and complained that the agency charged with tracking government records was being persnickety about securing the materials from his Florida club.

But Cannon, a former Trump Organization lawyer who worked for the campaign and for Trump after the presidency, told Trump he could not tell the archives all the requested material had been returned. He told others he was not sure if other documents were still at the club and would be uncomfortable making such a claim, the people familiar with the matter said. Other Trump advisers also encouraged Cannon not to make such a definitive statement, people familiar with the matter said.

The Feb. 7 statement Trump dictated was never released over concerns by some of his team that it was not accurate, people familiar with the matter said. A different statement issued three days later said Trump had given boxes of materials to the archives in a “friendly” manner. It did not say that all of the materials were handed over.

So Cannon will be another witness against Trump if he’s ever brought to trial. There’s much more at the WaPo link.

bilbo_comes_to_the_huts_of_the_raft-elves__the_tolkien_estate_limited_1937

Bilbo comes to the huts of the raft elves, by JRR Tolkien

From J. Michael Luttig at The Atlantic on the upcoming SCOTUS case based on Trump’s efforts to get Republican state legislators to create fake sets of electors in order to overturn his 2020 election loss: There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory.

The Supreme Court will decide before next summer the most important case for American democracy in the almost two and a half centuries since America’s founding.

In Moore v. Harper, the Court will finally resolve whether there is a doctrine of constitutional interpretation known as the “independent state legislature.” If the Court concludes that there is such a doctrine, it would confer on state legislatures plenary, exclusive, and judicially unreviewable power both to redraw congressional districts for federal elections and to appoint state electors who quadrennially cast the votes for president and vice president on behalf of the voters of the states. It would mean that the partisan gerrymandering of congressional districts by state legislatures would not be reviewable by the state courts—including the states’ highest court—under their state constitutions.

The independent-state-legislature theory gained traction as the centerpiece of President Donald Trump’s effort to overturn the 2020 presidential election. In the Supreme Court, allies of the former president argued that the theory, as applied to the electors clause, enabled the state legislatures to appoint electors who would cast their votes for the former president, even though the lawfully certified electors were bound by state law to cast their votes for Joe Biden because he won the popular vote in those states. The Supreme Court declined to decide the question in December 2020. The former president and his allies continued thereafter to urge the state legislatures, and even self-appointed Trump supporters, to transmit to Congress alternative, uncertified electoral slates to be counted by Congress on January 6.

That as many as six justices on the Supreme Court have flirted with the independent-state-legislature theory over the past 20 years is baffling. There is literally no support in the Constitution, the pre-ratification debates, or the history from the time of our nation’s founding or the Constitution’s framing for a theory of an independent state legislature that would foreclose state judicial review of state legislatures’ redistricting decisions. Indeed, there is overwhelming evidence that the Constitution contemplates and provides for such judicial review.

To the extent that advocates of the independent-state-legislature theory have any evidence at all to support the theory, it is exceedingly thin. Their textual argument is that the total disempowerment of state courts necessarily follows from the fact that the elections clause empowers the state legislatures to prescribe the “manner” of holding congressional elections.

But there is neither more nor less significance to the fact that the Constitution assigns this quintessential legislative power to the state legislatures than that the Constitution assigns federal lawmaking to Congress, rather than to the executive or the judiciary. And yet, the Constitution provides for judicial review of the actions of both.

It’s long, of course, so read the rest at The Atlantic if you’re so inclined.

And then there’s Trump’s mentor, Putin. Will he ever go away?

This is by Walter Russell Mead at The Wall Street Journal–I didn’t encounter a paywall: Putin’s Nuclear Threat Is Real. The conflict isn’t only about Ukraine. He’s waging a global war on the U.S.-led order.

Even as poorly trained, poorly led and poorly supplied Russian forces retreat on the battlefield, the danger that the war in Ukraine will erupt into a wider conflict continues to grow. Vladimir Putin has responded to the weakening of his military position by “annexing” four contested regions inside Ukraine, declaring that the conflict in Ukraine is a war for the survival of Russia, and raising the specter of a nuclear strike. The West is taking note of these moves and the sabotage of Baltic pipelines connecting European consumers to Russian gas. National security adviser Jake Sullivan has warned Russia that any use of nuclear weapons would have catastrophic consequences for Russian forces, and Jens Stoltenberg, secretary general of the North Atlantic Treaty Organization, repeated that message Sunday morning.

Inga Moore, The Secret Garden

As the Biden administration scrambles to manage the most dangerous international confrontation since the 1962 Cuban Missile Crisis, it must see the world through Mr. Putin’s eyes. Only then can officials know how seriously to take the nuclear saber-rattling and develop an appropriate response.

While American presidents going back to George W. Bush have failed to appreciate the depth and passion of Mr. Putin’s hostility to the U.S., the Russian president isn’t that hard to read. Like a movie supervillain who can’t resist sharing the details of his plans for world conquest with the captured hero, Mr. Putin makes no secret of his agenda. At Friday’s ceremony marking Russia’s illegal and invalid “annexation” of four Ukrainian regions, he laid out his worldview and ambitions in a chilling and extraordinary speech that every American policy maker should read.

Mr. Putin sees global politics today as a struggle between a rapacious and domineering West and the rest of the world bent on resisting our arrogance and exploitation. The West is cynical and hypocritical, and its professed devotion to “liberal values” is a sham. The West is not a coalition of equals; it represents the domination of the “evil Anglo-Saxons” over the Europeans and Japan. Mr. Putin sees this American-led world system as the successor to the British Empire, and he blames the Anglo-Saxon or English-speaking powers for a host of evils, from the Atlantic slave trade to European imperialism to the use of nuclear weapons in World War II.

This attack on “Anglo-Saxon” greed, brutality and hypocrisy is not original to Mr. Putin. He is reading from a script developed by opponents of British and American liberal capitalism and geopolitical power over hundreds of years. Napoleon could have delivered large swathes of this speech. Very different figures such as Kaiser Wilhelm II, Adolf Hitler as well as Joseph Stalin, Imperial Japanese leaders like Hideki Tojo, Iran’s Ayatollah Ruhollah Khomeini and Osama bin Laden shared much of Mr. Putin’s critique. One can hear versions of it on many college campuses, and it plays a significant role in the intellectual and cultural life of many postcolonial countries and movements around the world.

Again, this is a long read, so I hope you will also be able to do so without hitting a paywall. If it helps, I clicked on a link from Memeorandum.

The latest Ukraine news from The Washington Post: Ukraine hammers Russian forces into retreat on east and south fronts.

Ukrainian troops on Tuesday accelerated their military advances on two fronts, pushing Russian forces into retreat in the Donetsk and Luhansk regions to the east and Kherson region to the south.

The gains showed Kyiv continuing to recapture occupied territory on the same day that President Vladimir Putin and his rubber-stamp parliament sought to formalize their increasingly far-fetched annexation claims of four Ukrainian regions.

“The Ukrainian armed forces commanders in the south and east are throwing problems at the Russian chain of command faster than the Russians can effectively respond,” said a Western official who requested anonymity to brief reporters about sensitive security information. “And this is compounding the existing dysfunction within the Russian invasion force.”

Ukraine has been pushing to take back as much of its occupied territory as it can before Russia potentially sends hundreds of thousands of reinforcements to the battlefield, following a recent mobilization effort.

The Story of Dr. Dolittle, illustrated by Angel Dominguez

The Ukrainian counteroffensive, which had moved far more slowly in the south compared to the lightning push through the northeast Kharkiv region in September, has suddenly picked up speed, with Russian units retreating in recent days from a large swath of territory along the west bank of the Dnieper River.

Ukrainian forces pushed ahead dozens of miles into the southern Kherson region, liberating towns and villages and recreating scenes from mid-September when they swept into Kharkiv and were greeted by joyful residents who had spent many months under Russian occupation.

On Monday, the spokesperson for the Russian Defense Ministry acknowledged that “superior tank units” of Ukraine had “wedged in the depth of our defense line” near the villages of Zolota Balka and Oleksandrivka in the Kherson region.

Read the rest at the WaPo.

Yesterday was day one of the Oath Keepers seditious conspiracy trial:

CNN: Takeaways from the dramatic first day and opening statements of the Oath Keepers trial.

With the historic case that they had brought against Oath Keepers accused of plotting to attack the US Capitol on January 6, 2021, prosecutors framed up how the jury should think about the allegations with an hour-plus opening statement that kicked off the trial in earnest.

Five alleged members of the far-right militia, including its leader Stewart Rhodes, are on trial in Washington DC’s federal courthouse. They have pleaded not guilty to the charge of seditious conspiracy, a charge rarely brought by the Justice Department, and other charges.

The Justice Department’s opening statement featured messages and other communications among the defendants that prosecutors say show the Oath Keepers’ unlawful plotting to disrupt Congress’ certification of President Joe Biden’s electoral win. As the prosecutors sought to use the words of the defendants against them, they also played video capturing the Oath Keepers’ actions in the Capitol and displayed maps and charts to help the jury follow along. Each juror has their own screen to see evidence.

“They said out loud and in writing what they planned to do,” Jeffrey Nestler, an assistant US Attorney, told the jury. “When the opportunity finally presented itself … they sprang into action.”

A lawyer for Rhodes, the first defense attorney to deliver an opening statement told the jurors that they will see evidence that will show that the defendants “had no part in the bulk” of the violence that occurred on January 6.

“You may not like what you see and hear our defendants did,” attorney Phillip Linder said, “but the evidence will show that they didn’t do anything illegal that day.”

That’s the introduction to the story. Read the takeaways at CNN. Again, it’s a long read.

The Washington Post: U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6.

Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” — the peaceful transfer of presidential power — culminating in their role in the attack on the U.S. Capitol, a prosecutor told a jury Monday in the firstseditious conspiracy trialof the sprawling Jan. 6 investigation.

Rhodes and four co-defendants that day staged an “arsenal” of firearms in nearby Virginia and several forcibly breached the Capitol with a mob to prevent Congress from confirming President Biden’s 2020 election victory, thwarting the will of U.S. voters and elected representatives, Assistant U.S. Attorney Jeffrey Nestler said during opening statements in federal court.

Where the Wild Things Are, Maurice Sendak

“That was their goal — to stop by whatever means necessary the lawful transfer of presidential power, including by taking up arms against the United States government,” Nestler said. Descending on Washington “to attack not just the Capitol, not just Congress, not just our government — but our country itself.”

Rhodes’s defense decried the prosecution as “government mischaracterization and government overreach.” Oath Keepers came to Washington as “peacekeeping” security guards who “had no part in the bulk of the violence that occurred on January 6th,” attorney Phillip Linder said, believing that President Donald Trump could invoke the Insurrection Act to mobilize private militias, put down riots and remain in power.

“That is why he did what he did,” Linder said, adding that Rhodes would testify in his own defense. “You’re going to hear from Stewart Rhodes himself about who he is, about the Oath Keepers, what their role is and what their role was on January 6th.”

The clashing views of democracy, patriotism and violence at the seat of the U.S. government during the handoff from Trump to Biden played out in the most-anticipated trial to arise from the Jan. 6. 2021, Capitol siege. Held at a federal courthouse blocks from the Capitol where events unfolded 21 months ago, the trial of Rhodes — a former Army paratrooper and Yale Law graduate who has become one of the most visible figures of the far-right anti-government movement — poses a major legal and political test of the Biden administration’s pledge to combat domestic terrorism, as well as the law and the courts.

Tuesday Reads

Posted: May 31, 2022 | Author: bostonboomer | Filed under: Afternoon Reads, just because, U.S. Politics | Tags: gun laws, Jill Biden, Joe Biden, media, new civil war, SCOTUS, Senate, Uvalde school shooting, Watergate | 9 Comments

Woman with dog and flowers by Quincy Verdun

Good Afternoon!!

The news continues to be bleak this morning. The Uvalde mass shooting is still at in the headlines, and so are multiple mass shootings that have followed it. Senators are arguing about gun control; and there is no possible solution, because the Senate is broken. Even if the Senate by some miracle passed a new laws on guns, the right-wing Supreme Court would likely overturn them. Meanwhile, President Biden is struggling to deal with so many serious problems while his approval ratings sink. I can’t address all those topics, but here are some stories to check out today.

Last week I wrote a post about the possibility that the U.S. is building up to a new civil war. Today Edward Luce addressed that question at Financial Times: Is America heading for civil war?

In the summer of 2015, America caught a glimpse of how its future could unfold. The US military conducted a routine exercise in the south that triggered a cascade of conspiracy theories, particularly in Texas. Some believed the manoeuvre was the precursor to a Chinese invasion; others thought it would coincide with a massive asteroid strike. The exercise, called Jade Helm 15, stood for “homeland eradication of local militants”, according to one of the right’s dark fantasy sites. Greg Abbot, Texas’s Republican governor, took these ravings seriously. He ensured that the 1,200 federal troops were closely monitored by the armed Texas National Guard. In that bizarre episode, which took place a year before Donald Trump became the Republican nominee for president, we see the germs of an American break-up.

As with any warning of impending civil war, the very mention of another American one sounds impossibly alarmist — like persistent warnings from chief Vitalstatistix in the Asterix comic series that the sky was about to fall on Gaulish heads. America’s dissolution has often been mispredicted.

Yet a clutch of recent books make an alarmingly persuasive case that the warning lights are flashing redder than at any point since 1861. The French philosopher Voltaire once said: “Those who can make you believe absurdities can make you commit atrocities.” As the University of California’s Barbara Walter shows in her bracing manual, How Civil Wars Start, US democracy today is checking all the wrong boxes.

Dachshund Puppies by Otto Bache

Even before Trump triumphed in the 2016 presidential election, political analysts were warning about the erosion of democracy and drift towards autocracy. The paralysing divisions caused by Trump’s failed putsch of January 6, 2021, has sent it into dangerous new territory. Polls show that most Republicans believe, without evidence, that the election was stolen by Democrats backed by the so-called “deep state”, the Chinese government, rigged Venezuelan voting machines, or a feverish combination thereof.

In This Will Not Pass, a book by New York Times reporters Jonathan Martin and Alexander Burns, Joe Biden is quoted telling a senior Democrat: “I certainly hope [my presidency] works out. If it doesn’t I’m not sure we’re going to have a country.” That a US president could utter something so apocalyptic without raising too many eyebrows shows how routine such dread has become.

Read the rest at Financial Times.

The press is letting us down, writes Margaret Sullivan at The Washington Post: Why the press will never have another Watergate moment.

You’ll be hearing a lot about Watergate in the next several weeks, as the 50th anniversary of the infamous June 17, 1972, burglary at the Democratic National Committee headquarters approaches. There will be documentaries, cable-news debates, the finale of that Julia Roberts miniseries (“Gaslit”) based on the popular Watergate podcast (“Slow Burn”). I’ll be moderating a panel discussion at the Library of Congress on the anniversary itself — and you can certainly count on a few retrospectives in this very newspaper.

The scandal has great resonance at The Washington Post, which won a Pulitzer Prize for public service in 1973 for its intrepid reporting and the courage it took to publish it. And it has particular meaning for me, because, like many others of my generation, I was first drawn into journalism by the televised Senate hearings in 1973, and I was enthralled by the 1976 movie “All the President’s Men,” based on the book by Post reporters Bob Woodward and Carl Bernstein.

Young Girl Reading by Joseph W. Gies

Yet thinking about Watergate saddens me these days. The nation that came together to force a corrupt president from office and send many of hisco-conspiratoraides to prison is a nation that no longer exists.

“The national newspapers mattered in a way that is unimaginable to us today, and even the regional newspapers were incredibly strong,” Garrett Graff, author of “Watergate: A New History,” told me last week. I have been immersed in his nearly 800-page history — a “remarkably rich narrative,” former Post executive editor Leonard Downie Jr. called it in a review — which sets out to retell the story.

Americans read about Watergate in their daily papers and watched the dramatic hearings on television. Gradually, public opinion changed and Nixon was forced to resign. Sullivan writes and Graff argues conditions are very different today.

Our media environment is far more fractured, and news organizations are far less trusted.

And, in part, we can blame the rise of a right-wing media system. At its heart is Fox News, which was founded in 1996, nearly a quarter-century after the break-in, with a purported mission to provide a “fair and balanced” counterpoint to the mainstream media. Of course, that message often manifested in relentless and damaging criticism of its news rivals. Meanwhile, Fox News and company have served as a highly effective laundry service for Trump’s lies. With that network’s help, his tens of thousands of false or misleading claims have found fertile ground among his fervent supporters — oblivious to the skillful reporting elsewhere that has called out and debunked those lies.

As Graff sees it, the growth of right-wing media has enabled many Republican members of Congress to turn a blind eye to the malfeasance of Team Trump. Not so during the Watergate investigation; after all, it was Sen. Howard Baker (R-Tenn.) who posed the immortal question: “What did the president know, and when did he know it?” Even the stalwart conservative Sen. Barry Goldwater (Ariz.) was among those who, at the end, managed to convince Nixon that he must resign.

Head over to the WaPo to read the whole column.

ABC News reports that 911 operators did inform police at the site of the Uvalde shooting that children were alive and calling for help: ‘Full of victims’: Video appears to show Texas 911 dispatchers relaying information from children in classroom.

Video obtained by ABC News, taken outside Robb Elementary School in Uvalde, Texas, as last week’s massacre was unfolding inside, appears to capture a 911 dispatcher alerting officers on scene that they were receiving calls from children who were alive inside the classroom that the gunman had entered — as law enforcement continued to wait nearly an hour and a half to enter the room.

Puppies, by Federico Olaria

“Child is advising he is in the room, full of victims,” the dispatcher can be heard saying in the video. “Full of victims at this moment.”

“Is anybody inside of the building at this…?” the dispatcher asked.

Minutes later, the dispatcher says again: “Eight to nine children.”

The video, obtained by ABC News, also shows police rescuing children from inside the school by breaking through a window and pulling them out, and also leading them out the back door to safety….

The video, which appears to show some of what took place outside the school, raises new questions about law enforcement’s response to one of the nation’s deadliest school shootings, which left 19 children and two teachers dead.

The gunman was left inside the classroom for 77 minutes as 19 officers waited in the hallway — and many more waited outside the building — after the incident commander wrongly believed the situation had transitioned from an active shooter to a barricaded subject, law enforcement has said.

The Supreme Court is still trying to find out who leaked Alito’s draft opinion on abortion. CNN reports: Exclusive: Supreme Court leak investigation heats up as clerks are asked for phone records in unprecedented move.

Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks to provide cell phone records and sign affidavits, three sources with knowledge of the efforts have told CNN.

Some clerks are apparently so alarmed over the moves, particularly the sudden requests for private cell data, that they have begun exploring whether to hire outside counsel.

Ticket Home, by Christina Ramos

The court’s moves are unprecedented and the most striking development to date in the investigation into who might have provided Politico with the draft opinion it published on May 2. The probe has intensified the already high tensions at the Supreme Court, where the conservative majority is poised to roll back a half-century of abortion rights and privacy protections.

Chief Justice John Roberts met with law clerks as a group after the breach, CNN has learned, but it is not known whether any systematic individual interviews have occurred.

Lawyers outside the court who have become aware of the new inquiries related to cell phone details warn of potential intrusiveness on clerks’ personal activities, irrespective of any disclosure to the news media, and say they may feel the need to obtain independent counsel.

“That’s what similarly situated individuals would do in virtually any other government investigation,” said one appellate lawyer with experience in investigations and knowledge of the new demands on law clerks. “It would be hypocritical for the Supreme Court to prevent its own employees from taking advantage of that fundamental legal protection.”

I’ll end with a story that isn’t completely negative. It’s an interview with First Lady Jill Biden at Bazaar: A First Lady Undeterred.

In November 2020, when Joe Biden was elected president, the win seemed to validate not just his decision to enter this race but his entire career in politics. He has been grieving in public since he was sworn in to the United States Senate in 1973 from the hospital where his two young sons were recovering from the car crash that killed his first wife, Neilia, and their one-year-old daughter, Naomi. He married Jill five years later. Toward the end of his second term as vice president, in 2015, one of those sons, Beau, died of brain cancer. He resolved to launch this bid—his third in three decades—after watching white nationalists march on Charlottesville in 2017. The nation was sick and divided. He wanted to heal it.

Pierre Bonnard, Andree Bonnard with her dogs

When the ballots were tallied, Biden was declared the winner. But in the meantime, America had further deteriorated. It was battling one novel virus and several older ones. The pandemic had exposed long-festering discrimination and hate. Hundreds of thousands of people had died. Biden had the kind of credentials no one envies; few in politics could claim more experience with sorrow.

Pundits wrote that Joe Biden had met his moment. But Jill Biden—a patient educator in an era of rampant misinformation, a woman so determined to be present for her people that she spent one weekend in March straining the limits of the space-time continuum—was there to greet it too.

Now the moment has changed. The pandemic stretches on, with new variants making quick work of the Greek alphabet. Health-care workers are burnt out. Teachers are exhausted. The Russian invasion of Ukraine is devastating—and driving up the cost of fuel amid rampant inflation. Biden’s approval numbers have sunk into the low 40s. Several polls ahead of the midterm elections predict dire losses for Democrats, with both the House and the Senate threatening to slip into Republican control.

It’s not the kind of environment that sets an obvious course for the nation’s most scrutinized political spouse—let alone for one who describes herself as an introvert and was so lukewarm on the rites and rituals of the Washington horse race that she spent her husband’s entire Senate career at their home in Delaware. But perhaps that’s for the best. In the absence of a guidebook, Jill Biden is writing her own.

Read the interview at the link.

Lazy Caturday Reads

Posted: May 14, 2022 | Author: bostonboomer | Filed under: Afternoon Reads | Tags: abortion rights, cats relaxing, caturday, Clarence Thomas, January 6 Committee, Mitch McConnell, Rand Paul, Republicans, Roe v. Wade, SCOTUS, Ukraine, women's rights | 26 Comments

Liquid Cat, photo by Karen Slagle

Happy Caturday!!

My stress level is sky high lately. If only I could relax like a cat, blissfully unaware of the daily shocks we humans have to deal with these days. At least it’s the weekend, so maybe we’ll get a break–or maybe even some good news? Here’s the latest:

The Guardian: Demonstrators across the US protest expected reversal of Roe v Wade.

With the US supreme court apparently poised to overturn the 1973 landmark decision which made abortion legal, hundreds of thousands of people across America are planning to take to the streets to protest the looming decision.

A coalition of groups such as Planned Parenthood, UltraViolet, MoveOn and the Women’s March are organizing Saturday’s demonstrations, whose rallying cry is “Bans Off Our Bodies”. More than 370 protests are planned, including in Washington DC, New York, Los Angeles and Chicago….

The “Bans Off Our Bodies” gatherings will take place three days after Democrats in the US Senate on Wednesday made a largely symbolic effort to advance legislation that would codify the right to an abortion into federal law. All 50 Republicans and one conservative-aligned Democrat – West Virginia’s Joe Manchin – voted against the measure, leaving it well short of the 60 votes necessary for it to advance.

Also from The Guardian: Protesters rally outside US supreme court justices’ homes ahead of pro-choice marches.

Pro-choice demonstrators continue to turn up outside the homes of supreme court justices, with the latest target being conservative Amy Coney Barrett, who signed on to a majority draft opinion that was leaked to reveal an intention to overturn the constitutional right to seek an abortion in the US.

“The right to your own body – to do what you want with your own body – is the most personal freedom you can have,” one protester said from among a group wearing long red “handmaid” capes and white bonnets earlier this week to symbolize forced childbearing, as members of the Virginia state police watched nearby….

Several organizations, led by Planned Parenthood and the Women’s March, are preparing for a nationwide day of pro-choice marches on Saturday….

Protesters have so far gathered outside the residences in the Washington DC area of Samuel Alito, who wrote the scorching draft opinion, and Brett Kavanaugh, as well as Barrett and the chief justice, John Roberts, who did not sign on to the draft opinion, unlike the other three and Justices Clarence Thomas and Neil Gorsuch.

Yesterday, British medical journal The Lancet released a scathing editorial warning the U.S. Supreme Court that if they overturn Roe v. Wade, they will have women’s “blood on their hands.”

The Lancet: Why Roe v. Wade Must Be Defended.

“Abortion presents a profound moral issue on which Americans hold sharply conflicting views.” So begins a draft opinion by Associate Justice Samuel Alito, leaked from the US Supreme Court on May 2, 2022. If confirmed, this judgement would overrule the Court’s past decisions to establish the right to access abortion. In Alito’s words, “the authority to regulate abortion must be returned to the people and their elected representatives”. The Court’s opinion rests on a strictly historical interpretation of the US Constitution: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” His extraordinary text repeatedly equates abortion with murder.

The Due Process clause of the 14th Amendment to the Constitution has been the main foundation underpinning the right of American women to an abortion. That 1868 Amendment was passed during the period of American Reconstruction, when states’ powers were being subjected to certain limitations. The goal of the Amendment was to prevent states from unduly restricting the freedoms of their citizens. That guarantee of personal liberty, so the Supreme Court had previously held, extended to pregnant women, with qualifications, who decided to seek an abortion. Alito rejected that reasoning. He argued that for any right not mentioned in the Constitution to be protected, it must be shown to have had deep roots in the nation’s history and tradition. Abortion does not fulfil that test. Worse, Roe was an exercise in “raw judicial power”, it “short-circuited the democratic process”, and it was “egregiously wrong” from the very beginning. It was now time, according to Alito, “to set the record straight”.

What is so shocking, inhuman, and irrational about this draft opinion is that the Court is basing its decision on an 18th century document ignorant of 21st century realities for women. History and tradition can be respected, but they must only be partial guides. The law should be able to adapt to new and previously unanticipated challenges and predicaments. Although Alito gives an exhaustive legal history of abortion, he utterly fails to consider the health of women today who seek abortion. Unintended pregnancy and abortion are universal phenomena. Worldwide, around 120 million unintended pregnancies occur annually. Of these, three-fifths end in abortion. And of these, some 55% are estimated to be safe—that is, completed using a medically recommended method and performed by a trained provider. This leaves 33 million women undergoing unsafe abortions, their lives put at risk because laws restrict access to safe abortion services.

Read the rest at the link.

At The Washington Post, Dana Millbank writes: Roe’s impending reversal is a 9/11 attack on America’s social fabric.

Washington’s reaction to the leaked Supreme Court draft opinion overturning Roe v. Wade has been typically myopic.

Republicans first tried to make people believe that the issue wasn’t the opinion itself but the leak. Now they’re absurdly trying to portray Democrats as supporters of infanticide. Democrats, in turn, squabbled among themselves before a show vote on a doomed abortion rights bill. And the news media have reverted to our usual horse-race speculation about how it will affect the midterms.

This small-bore response misses the radical change to society that Justice Samuel Alito and his co-conspirators are poised to ram down the throats of Americans. Their stunning action might well change the course of the midterms — but more importantly, it is upending who we are as a people.

Assuming little changes from the draft, overturning Roe would be a shock to our way of life, the social equivalent of the 9/11 attacks (which shattered our sense of physical security) or the crash of 2008 (which undid our sense of financial security). As epoch-making decisions go, this is Brown v. Board of Education, but in reverse: taking away an entrenched right Americans have relied upon for half a century. We remember Brown because it changed us forever, not because it altered the 1954 midterms.

Lazy Caturday Reads: Mostly SCOTUS Stuff

Posted: March 26, 2022 | Author: bostonboomer | Filed under: Afternoon Reads | Tags: caturday, Clarence Thomas, Ginni Thomas, Harvard, Joe Biden, Ketanji Brown Jackson, Mark Meadows, Poland, SCOTUS, U.S. troops, Ukraine | 33 Comments

Willow, the Biden family’s new pet cat at the White House on Wednesday, Jan. 27, 2022. The Washington Monument can be seen in the distance. (Erin Scott/The White House, AP)

Good Afternoon!!

Joe Biden wasn’t my first choice for the Democratic nomination in 2020; in fact, I didn’t want him to run at all. But I was wrong. He has been a good president so far, and his deep foreign policy knowledge and experience have been showcased during the Ukraine crisis. This morning Biden was in Poland meeting with U.S. troops at the Ukraine border. It appears he’s a hit as commander-in-chief.

So great to have a Commander in Chief who will eat with the troops again, who doesn't look down upon those of us who are serving or have served. https://t.co/0j08GagP3s
— Amy McGrath (@AmyMcGrathKY) March 26, 2022

Yesterday the majority of the Supreme Court acknowledged that Biden is in fact commander-in-chief of the U.S. armed forces, but Alito, Gorsuch, and Thomas disagreed. Ian Millhiser at Vox: The Supreme Court rules that Joe Biden is commander-in-chief. Three justices dissent.

The Supreme Court on Friday evening decided, no, it was not going to needlessly insert itself in the military chain of command above President Joe Biden.

The Court’s decision in Austin v. U.S. Navy SEALs 1-26 largely halted a lower court order that permitted certain sailors to defy a direct order. A group of Navy special operations personnel sought an exemption from the Pentagon’s requirement that all active duty service members get vaccinated against Covid-19, claiming that they should receive a religious exemption.

A majority of the Court effectively ruled that, yes, in fact, troops do have to follow orders, including an order to take a vaccine.

The decision is undeniably a win for the balance of power between the executive branch and the judiciary that has prevailed for many decades. But the fact that the Court had to weigh in on this at all — not to mention that three justices, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, dissented from the majority — is a worrisome sign about America’s judiciary.

Brett Kavanagh explained why he sided with the majority:

…laying out why the lower court erred, this court “in effect inserted itself into the Navy’s chain of command, overriding military commanders’ professional military judgments.” Had the Court ruled the other way in SEALs, it would have effectively placed itself at the apex of the military’s chain of command, displacing Biden as commander-in-chief.

Henry (dog) and traveling companion Baloo, by Cynthia Bennett

But as Kavanaugh correctly notes in his concurring opinion, there is a long line of Supreme Court precedents establishing that courts should be exceedingly reluctant to interfere with military affairs.

In Gilligan v. Morgan (1973), for example, the Court held that “the complex, subtle, and professional decisions as to the composition, training, equipping, and control of a military force are essentially professional military judgments,” and that “it is difficult to conceive of an area of governmental activity in which the courts have less competence.”

Nevertheless, Judge Reed O’Connor, a notoriously partisan judge in Texas who is best known for a failed effort to repeal the Affordable Care Act, ruled in favor of the service members who refused to follow a direct order. And the conservative United States Court of Appeals for the Fifth Circuit refused the Navy’s request to stay key parts of O’Connor’s order.

That left the responsibility of restoring the military’s proper chain of command to the Supreme Court. Though the Court’s order does not wipe out O’Connor’s decision in its entirety, it temporarily blocks that decision “insofar as it precludes the Navy from considering respondents’ vaccination status in making deployment, assignment, and other operational decisions.”

In other SCOTUS news, the Ginni Thomas story is still snowballing. Daknikat wrote quite a bit about Thomas yesterday; https://skydancingblog.com/2022/03/25/friday-reads-you-shouldnt-go-back-home/if you haven’t read her post, please check it out.

Scott Wong at NBC News: Ginni Thomas pressed for GOP lawmakers to protest 2020 election results.

Shortly after the 2020 election, Virginia “Ginni” Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, sent an email to an aide to a prominent House conservative saying she would have nothing to do with his group until his members go “out in the streets,” a congressional source familiar with the exchange told NBC News.

Thomas told an aide to incoming Republican Study Committee Chairman Jim Banks, R-Ind., that she was more aligned with the far-right House Freedom Caucus, whose leaders just two months later would lead the fight in Congress to overturn the results of Democrat Joe Biden’s victory.

Cat who thinks he’s a dog by Jack Shepherd. He was raised with and by the dogs.

The RSC was long representative of the most conservative House members, but in the past several years, it has been replaced by the tea party-driven Freedom Caucus.

Thomas wrote to the aide that Freedom Caucus members were tougher than RSC members, were in the fight and had then-President Donald Trump’s back, according to the source familiar with the email contents. Until she saw RSC members “out in the streets” and in the fight, she said, she would not help the RSC, the largest caucus of conservatives on Capitol Hill.

Her November 2020 email came in response to a request from the RSC to offer policy recommendations as Banks was set to take the helm of the group in early 2021. But when Thomas portrayed the RSC as soft in its support for Trump and told its members to take to the streets, the aide thanked her for her suggestions and moved on….

The email exchange suggests Thomas was pressuring Republicans in Congress to get more aggressive in fighting for Trump at a key moment when the lame-duck president and his inner circle were devising a strategy to overturn the results of the 2020 election and keep him in power.

Obviously Thomas has access to powerful politicians only because she is married to Clarence Thomas.

Conservative columnist Matt Lewis at The Daily Beast: If Ginni Thomas’ Big Lie Texts Don’t Shock You, Nothing Will.

“Biden and the Left [are] attempting the greatest Heist of our History.”

“[The] Biden crime family & ballot fraud co-conspirators…are being arrested and…will be living in barges off GITMO to face military tribunals for sedition.”

Oh yeah, and “Watermarked ballots in over 12 states have been part of a huge Trump & military white hat sting operation in 12 key battleground states.”

Another photo of the cat who thinks he’s a dog and his friends, by Jack Shepherd.

These aren’t the rantings of some obscure, tinfoil hat-wearing lunatic. These are just a few of the 29 text messages sent by Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, to Donald Trump’s Chief of Staff Mark Meadows. These messages were sent in the wake of Joe Biden’s 2020 presidential victory, as Mrs. Thomas sought to push Meadows to try to overturn the 2020 election results—sometimes quoting far-right websites to make her case.

In a world where more tenuous relationships than a spouse have sparked huge controversies (think Barack Obama’s relationships with the Rev. Jeremiah Wright and the former Weather Underground activist Bill Ayers), the level of this conflict of interest should be condemned by intellectually honest conservatives.

As one smart observer put it, “If you had a problem with Bill Clinton meeting with Attorney General Loretta Lynch on the tarmac, you should probably have a problem with Ginni Thomas’s barrage of texts to White House Chief of Staff Mark Meadows in the days preceding a legitimate self-coup attempt.”

Click the link to read the rest.

Another conservative take from David French at The Atlantic: The Worst Ginni Thomas Text Wasn’t From Ginni Thomas. Mark Meadows and the dangerous religious zeal of “Stop the Steal.”

After giving examples of Thomas’s text messages, French writes:

This is the kind of communication that would make you worry about a family member’s connection to reality. When it comes from the wife of a Supreme Court justice who enjoys direct access to the White House chief of staff, it’s not just disturbing; it’s damaging to the Supreme Court….

It is…understandable if ordinary Americans wonder whether she’s made an impact on her husband, and it’s important for Justice Thomas to recuse himself from any future cases that could potentially involve additional disclosures of his wife’s communications with the White House or her involvement in the effort to overturn the election.

Mako the Cat-Dog: raised by cats, he thinks he is one.

But the Ginni Thomas texts were not the most alarming aspect of Woodward and Costa’s story. There was a text in the chain that disturbed me more than anything Ginni Thomas wrote. It came from Meadows, and here’s what it said: This is a fight of good versus evil . . . Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues. I have staked my career on it. Well at least my time in DC on it.

One of the most dangerous aspects of the effort to overturn the election was the extent to which it was an explicitly religious cause. January 6 insurrectionists stampeded into the Senate chamber with prayers on their lips. Prominent religious leaders and leading Christian lawyers threw themselves into the effort to delay election certification or throw out the election results entirely. In the House and Senate, the congressional leaders of the effort to overturn the election included many of Congress’s most public evangelicals.

They didn’t just approach the election fight with religious zeal; they approached it with an absolute conviction that they enjoyed divine sanction. The merger of faith and partisanship was damaging enough, but the merger of faith with lawlessness and even outright delusion represented a profound perversion of the role of the Christian in the public square.

Read the rest at The Atlantic.

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