Thursday Reads
Posted: June 22, 2023 Filed under: Afternoon Reads, Donald Trump, just because, SCOTUS | Tags: Jack Smith, Lordy there are tapes, missing submersible, OceanGate, Paul Singer, Samuel Alito, sinking of migrant boat, stolen documents case, Supreme Court ethics 6 CommentsGood Afternoon!!
It’s another big news day today. Here’s what’s happening.
Big media is focused on the missing submersible with billionaires on board and there’s breaking news at doesn’t sound good.
UPDATE: I just saw on CNN that the debris appears to be from the submersible.
From the Associated Press article:
The U.S. Coast Guard said Thursday that an underwater vessel has located a debris field near the Titanic in the search for a missing submersible with five people aboard, a potential breakthrough in an increasingly urgent around-the-clock effort.
The Coast Guard’s post on Twitter gave no details, such as whether officials believe the debris is connected to the Titan, which was on an expedition to view the wreckage of the Titanic. The search passed the critical 96-hour mark Thursday when breathable air could have run out.
The Titan was estimated to have about a four-day supply of breathable air when it launched Sunday morning in the North Atlantic — but experts have emphasized that was an imprecise approximation to begin with and could be extended if passengers have taken measures to conserve breathable air. And it’s not known if they survived since the sub’s disappearance.
Rescuers have rushed ships, planes and other equipment to the site of the disappearance. On Thursday, the U.S. Coast Guard said an undersea robot sent by a Canadian ship had reached the sea floor, while a French research institute said a deep-diving robot with cameras, lights and arms also joined the operation.
At the same time, another tragedy has been virtually ignored. Jill Fillipovic at CNN: Opinion: While we hope for the best for the lost Titanic-exploring submersible, let’s not forget these other victims.
It’s interesting to watch the national fascination with this story [the missing submersible], especially compared to, say, the attention paid to the sinking of another boat, this one full of desperate migrants in the Mediterranean last week; dozens were killed, and hundreds of men, women and children are still missing. Many migrants, mostly from Syria, Egypt and Pakistan, may be dead.
And the Greek Coast Guard, despite indications that the boat was in distress, did not intervene, blaming the smuggled migrants who they say didn’t want help. Widespread outrage and anguish for the hundreds of souls taking an extraordinary risk in search of a better life, and those who failed them along the way, seems much more justifiable than the frenzy over a small, lost group of hyper-niche tourists, tragic as both circumstances may turn out to be. And yet, while the migrant story is far from being ignored, it’s not receiving the same breathless moment-by-moment updates accorded the lost Titanic hunters.
But human interest, we know, does not at all run proportional to human suffering, and often has little to do with who or what is deserving of significant attention. And the story of a vessel occupied by wealthy curiosity-seekers, lost in the depths of the ocean in its search to find a vessel occupied by wealthy curiosity-seekers lost in the depths of the ocean, has all the component parts of an addictive story: irony, suspense, potential tragedy, potential glory, lifestyles of the rich, aspiration and hubris.
Read more at at the CNN link.
It’s now coming out that there were many safety issues with the submersible.
Experts from within and outside OceanGate raised concerns about the safety of its Titan submersible as far back as 2018, years before it went missing during a deep-sea dive to the Titanic shipwreck site.
Several of those complaints have resurfaced this week, as the frantic search for the vessel — and its five passengers — continues.
“It hasn’t surprised us,” said Will Kohnen, the chair of the Marine Technology Society’s Submarine Committee (formerly the Manned Underwater Vehicles Committee), about the Titan’s disappearance. “We’ve been aware of this project for some time and have had some concerns.”
In March 2018, after one of the international industry group’s annual conferences, Kohnen drafted a letter to OceanGate CEO Stockton Rush — the pilot of the missing vessel — expressing “unanimous concern” on behalf of its members about the development of the Titan and its planned Titanic expeditions.
“Our apprehension is that the current experimental approach adopted by Oceangate could result in negative outcomes (from minor to catastrophic) that would have serious consequences for everyone in the industry,” he wrote, according to a copy obtained by the New York Times….
Kohnen told Morning Edition‘s A Martínez on Wednesday that the group’s main concern was a lack of oversight and adherence to industry-accepted safety guidelines.
“Most of the companies in this industry that are building submersibles and deep submersibles follow a fairly well-established framework of certification and verification and oversight, through classification societies,” he said. “And that was at the root of OceanGate’s project, is that they were going to go solo, going without that type of official oversight, and that brought a lot of concerns.”
You can also check out this piece at TechCrunch: A whistleblower raised safety concerns about OceanGate’s submersible in 2018. Then he was fired.
The director of marine operations at OceanGate, the company whose submersible went missing Sunday on an expedition to the Titanic in the North Atlantic, was fired after raising concerns about its first-of-a-kind carbon fiber hull and other systems before its maiden voyage, according to a filing in a 2018 lawsuit first reported by Insider and New Republic.
David Lochridge was terminated in January 2018 after presenting a scathing quality control report on the vessel to OceanGate’s senior management, including founder and CEO Stockton Rush, who is on board the missing vessel.
According to a court filing by Lochridge, the preamble to his report read: “Now is the time to properly address items that may pose a safety risk to personnel. Verbal communication of the key items I have addressed in my attached document have been dismissed on several occasions, so I feel now I must make this report so there is an official record in place.”
The report detailed “numerous issues that posed serious safety concerns,” according to the filing. These included Lochridge’s worry that “visible flaws” in the carbon fiber supplied to OceanGate raised the risk of small flaws expanding into larger tears during “pressure cycling.” These are the huge pressure changes that the submersible would experience as it made its way and from the deep ocean floor. He noted that a previously tested scale model of the hull had “prevalent flaws.”
More details at the link.
Samuel Alito has temporarily taken the pressure off Clarence Thomas.
A couple of days ago, ProPublica published a story about a luxury fishing trip to that Samuel Alito took with Leonard Leo. They were accompanied by billionaire Paul Singer, who flew both men on his private plane.
From ProPublica: Justice Samuel Alito Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court.
In early July 2008, Samuel Alito stood on a riverbank in a remote corner of Alaska. The Supreme Court justice was on vacation at a luxury fishing lodge that charged more than $1,000 a day, and after catching a king salmon nearly the size of his leg, Alito posed for a picture. To his left, a man stood beaming: Paul Singer, a hedge fund billionaire who has repeatedly asked the Supreme Court to rule in his favor in high-stakes business disputes.
Singer was more than a fellow angler. He flew Alito to Alaska on a private jet. If the justice chartered the plane himself, the cost could have exceeded $100,000 one way.
In the years that followed, Singer’s hedge fund came before the court at least 10 times in cases where his role was often covered by the legal press and mainstream media. In 2014, the court agreed to resolve a key issue in a decade-long battle between Singer’s hedge fund and the nation of Argentina. Alito did not recuse himself from the case and voted with the 7-1 majority in Singer’s favor. The hedge fund was ultimately paid $2.4 billion.
Alito did not report the 2008 fishing trip on his annual financial disclosures. By failing to disclose the private jet flight Singer provided, Alito appears to have violated a federal law that requires justices to disclose most gifts, according to ethics law experts.
Experts said they could not identify an instance of a justice ruling on a case after receiving an expensive gift paid for by one of the parties.
“If you were good friends, what were you doing ruling on his case?” said Charles Geyh, an Indiana University law professor and leading expert on recusals. “And if you weren’t good friends, what were you doing accepting this?” referring to the flight on the private jet.
ProPublica sent a series of questions to Alito before publishing the story. Instead of answering them, Alito got his pals at the Wall Street Journal to publish a whiny defense–before the ProPublica article came out.
NYT story by Adam Liptak: Justice Alito Defends Private Jet Travel to Luxury Fishing Trip.
Justice Samuel A. Alito Jr. took the unusual step late Tuesday of responding to questions about his travel with a billionaire who frequently has cases before the Supreme Court hours before an article detailing their ties had even been published.
In an extraordinary salvo in a favored forum, Justice Alito defended himself in a pre-emptive article in the opinion pages of The Wall Street Journal before the news organization ProPublica posted its account of a luxury fishing trip in 2008….
Justice Alito said he had spoken to Mr. [Paul] Singer [who flew Alito to Alaska on his private plane] only a handful of times, including on two occasions when Mr. Singer introduced the justice before speeches. “It was and is my judgment that these facts would not cause a reasonable and unbiased person to doubt my ability to decide the matters in question impartially,” Justice Alito wrote.
He added that he did not know of Mr. Singer’s connection to the cases before the court, including one in which the court issued a 7-to-1 decision in favor of one of Mr. Singer’s businesses, with Justice Alito in the majority.
But Mr. Singer’s connection to the case, Republic of Argentina v. NML Capital, was widely reported. A Forbes article covering the decision bore the headline “Supreme Court Hands Billionaire Paul Singer a Victory Over Argentina.” An article in The New York Times noted that the parties to the case included “NML Capital, an affiliate of Elliott Management, the hedge fund founded by Paul Singer.”
Alito’s justification for taking the free private plane flight was ludicrous and got him mocked all day long on Twitter.
Justice Alito said he was not required to disclose the trip on Mr. Singer’s private jet in “a seat that, as far as I am aware, would have otherwise been vacant.”
A federal law requires disclosures of gifts over a certain value but makes exceptions for “personal hospitality of any individual” at “the personal residence of that individual or his family or on property or facilities owned by that individual or his family.” Justice Alito wrote that a jet is such a facility, quoting from dictionary definitions.
In March, the Judicial Conference of the United States, the policymaking body for the federal courts, issued new guidelines requiring disclosure of travel by private jet and stays in commercial properties like resorts.
This morning, CNN published another embarrassing story for Alito.
Last July, Alito was feted in Rome by Notre Dame’s Religious Liberty Initiative, which has in recent years joined the growing ranks of conservative legal activists who are finding new favor at the Supreme Court – and forging ties with the justices. The group’s legal clinic has filed a series of “friend-of-the-court” briefs in religious liberty cases before the Supreme Court since its founding in 2020.
After the high court overturned Roe v. Wade last year, the group paid for Alito’s trip to Rome to deliver a keynote address at a gala hosted at a palace in the heart of the city. It was his first known public appearance after the decision.
At the start of his speech, he thanked the group for the “warm hospitality” it provided to him and his wife, which, he later said, included a stay at a hotel that “looks out over the Roman Forum.”
During various parts of the address, he gleefully mocked critics of his ruling overturning the constitutional right to abortion. What really “wounded” him, the conservative justice said, was when Prince Harry, the Duke of Sussex, “addressed the United Nations and seemed to compare ‘the decision whose name may not be spoken’ with the Russian attack on the Ukraine.”
Justices are often known for usually maintaining a low profile, and the court’s public information office in recent years has been less forthcoming about their public appearances. But the court’s ruling last year in the abortion case propelled the nine jurists and their rulings to new heights and fueled new questions about the justices’ behavior both on and off the bench.
Alito joined the majority in ruling in favor of the Religious Liberty Initiative’s position in several of the cases for which it submitted briefs, including the one that reversed Roe, which he authored, and a 2022 decision that said a high school football coach had the right to pray on the 50-yard line after games.
I wonder which right wing justice will be next? I hope some investigative journalist is looking into which billionaire(s) have given gifts to Brett Kavanaugh. It’s also notable that the introductions to the billionaire sugar daddies came from former Federalist Society head Leonard Leo. Check out this piece from Josh Marshall at TPM: Leonard Leo’s SCOTUS-FedSoc Sponsor Family Program.
There’s big news today on the Trump stolen documents case.
Last night, Jack Smith sent the first installment of discovery to Trump’s lawyers.
Special counsel Jack Smith has begun producing evidence in the Mar-a-Lago documents case to Donald Trump, according to a Wednesday court filing that hints that investigators collected for the case multiple recordings of the former president – not just audio of an interview Trump gave at Bedminster for a forthcoming Mark Meadows memoir.
Prosecutors in the filing used the plural “interviews” to describe recordings of Trump – made with his consent – obtained by the special counsel that have now been turned over to his defense team. It is unclear what the additional recordings may be of or how relevant they will be to the Justice Department’s case against the former president, though the recordings include the Bedminster tape where Trump speaks about a secret military document to a writer and others, the prosecutors said in the filing.
he prosecutors’ update to the court on Wednesday night marks another swift move toward trial, which the Justice Department has said should happen quickly, and captures at least some of the extent of the evidence investigators secured to build their historic case against Trump.
The first batch of discovery production – made up of unclassified materials – includes transcripts of witness testimony in front of the grand juries in Washington, DC, and Florida that were probing the mishandling of government documents from Trump’s White House. It also includes materials collected via subpoenas and search warrants; memos detailing other witness interviews given through mid-May in the investigation; and copies of the surveillance footage investigators obtained in the probe.
The first batch of evidence, provided on Wednesday, “includes the grand jury testimony of witnesses who will testify for the government at the trial of this case,” the special counsel’s office wrote.
More from Hugo Lowell at The Guardian:
Federal prosecutors investigating Donald Trump’s retention of national security material were examining evidence within weeks of the FBI search of Mar-a-Lago last year that he might have handled classified documents at his Bedminster club in New Jersey, according to two people close to the matter.
The indications of classified documents at Bedminster so alarmed prosecutors that they focused part of the investigation on whether Trump might have transported the materials or disclosed their contents there in addition to refusing to return them to the government, the people said….
The suspicion that Trump travelled with classified documents between Mar-a-Lago, his winter residence, and Bedminster, his summer residence, started early in the criminal investigation that intensified after the FBI search and culminated in Trump being accused of violating the Espionage Act….
Within weeks of the FBI search of Mar-a-Lago, the justice department sought to act on the indications of classified documents at Bedminster when it told the Trump legal team that prosecutors believed the former president still possessed classified materials, the people said.
The message in the letter, which became a formal court motion filed under seal weeks later, was clear: arrange for new searches of all of the Trump properties because, as of that time, the only place that had been combed for classified documents was the Mar-a-Lago resort.
Whether to acquiesce with the request split the Trump legal team. Trump in-house counsel Boris Epshteyn and Trump lawyer Chris Kise were uneasy about being ordered around by the government, while the other Trump lawyers Tim Parlatore and Jim Trusty suggested a cooperative approach.
The legal team ultimately decided on working with the justice department and, in one exchange, asked prosecutors which Trump properties and where at the Trump properties they wanted them to search.
A few more details at the link.
Trump now knows who has testified in the grand jury and what secrets they have revealed. He must be throwing ketchup around at Bedminster. He has posted several insane messages on Truth Social. Here’s a sample:
I wonder how long it will take him to reveal information he gets from the discovery. If he starts attacking Mark Meadows, we’ll have a clue.
Have a great Thursday, Sky Dancers!!
Thursday Reads
Posted: April 27, 2023 Filed under: Donald Trump, ethics, SCOTUS | Tags: Background Checks, defamation, E. Jean Carroll, Jack Teixeira, January 6 grand jury, John Roberts, mass shootings, Mike Pence, Pentagon documents, rape, security clearances, Senate Judiciary Committee, Supreme Court ethics 19 Comments
Tove Jansson, Still life with fruit and flowers on the background of an open door, 1945
Good Afternoon!!
Once again the news is coming fast and furious today, but the top story has to be the latest about Jack Teixeira, the 21-year-old air national guardsman who leaked classified documents on Discord.
The story is getting worse with each passing day. This kid not only had access to secret government documents, but also he stockpiled weapons in his parents’ home and fantasized about being a mass murderer.
NPR: The suspected leaker of Pentagon documents is due back in federal court.
The air national guardsman accused of leaking U.S. government secrets is due back in federal court in Worcester, Mass., at 1 p.m. on Thursday. Federal prosecutors are urging that the defendant, Jack Teixeira, 21, a member of the Massachusetts Air National Guard, remain in jail pending trial.
In a new court filing, federal prosecutors say Teixeira faces significant prison time, if convicted, and poses a serious flight risk. They say he took steps to obstruct the investigation into the leak of U.S. intelligence documents, many of which were about Ukraine’s war against Russia.
According to court papers, investigators found a tablet, a laptop and a gaming console — all of them smashed — in a dumpster at Teixeira’s house after his arrest. Teixeira also allegedly told an associate online to delete all messages with him and that if anyone came asking questions about him, not to tell them anything. Prosecutors also say Teixeira began in February 2022 to access classified national defense information that had no bearing on his job. Not all of those materials have publicly surfaced yet.
NBC News: Intel leaks suspect is a flight risk and could have access to more classified docs, prosecutors say.
Prosecutors will urge a judge Thursday to keep Jack Teixeira, 21, behind bars, arguing he poses “a serious flight risk,” and that a “foreign adversary” could try to help him escape the United States and give him safe haven.
“The information to which the Defendant had access — and did access — far exceeds what has been publicly disclosed on the Internet to date,” the document said. The leaks “have the capacity to cause additional exceptionally grave damage to the U.S. national security if disclosed.”
The 18-page memo said Teixeira had a history of making violent and racist remarks — including posting on social media about wanting to carry out a mass shooting — keeping “an arsenal of weapons”and tactical gear at his house, and trying to thwart federal investigators by apparently destroying evidence.
The filing comes ahead of a detention hearing Thursday in Massachusetts federal court. Teixeira, who has not entered a plea, has been in jail since his arrest earlier this month in a case that represents one of the most significant intelligence leaks in years. The saga has fueled global uproar and doubts over America’s ability to guard its secrets….
“The damage the Defendant has already caused to the U.S. national security is immense. The damage the Defendant is still capable of causing is extraordinary,” prosecutors wrote. “If the Defendant were released, it would be all too easy for him to further disseminate classified information and would create the unacceptable risk that he would flee the United States and take refuge with a foreign adversary to avoid the reach of U.S. law.”

Spring still life, by Susan Novak
On Teixeira’s fascination with mass shootings:
Teixeira also used his government computer to search for information on previous mass shootings, including “Uvalde” and “Mandalay Bay shooting,” the filing said. Media reports have suggested these searches may have been related to Teixeira’s belief in conspiracy theories that the government had prior knowledge of these shootings, it added. But prosecutors said that coupled with his social media posts and weapons cache these searches were “troubling.”
Teixeira lives in his mother and stepfather’s house in North Dighton, Massachusetts, and in his bedroom keeps a gun locker stocked with handguns, bolt-action rifles, shotguns, and an AK-style high-capacity weapon, prosecutors said.
His “arsenal of weapons” also included a bazooka, and a “silencer-style accessory,” according to investigators, who found a tactical helmet with a GoPro camera and mount in the dumpster outside, according to the filing.
BBC News: Jack Teixeira: Suspected leaker made threats and researched shootings, US says.
Jack Teixeira wrote on social media that he wanted to kill a “ton of people” as a way of “culling the weak minded”, according to a court filing.
The 18-page document also claimed the 21-year-old asked what type of rifle would be easy to operate from an SUV.
According to the prosecutors, he posted repeatedly about “troubling” violent acts including a potential mass shooting. He allegedly described building an “assassination van” and driving around shooting people in a “crowded urban or suburban environment”.
He also allegedly searched for multiple recent mass shootings on his government computer, including Uvalde and the Las Vegas shooting.
The filing also said a search of Mr Teixeira’s home had uncovered “a virtual arsenal of weapons, including bolt-action rifles, rifles, AR and AK-style weapons, and a bazooka” that were kept “just feet from his bed”.
It added that he was suspended from high school when a classmate overheard him making threats and discussing Molotov cocktails as well as other weapons.
How the hell did this kid get a top secret security clearance from the Pentagon? Here’s a clue:
In other news, E. Jean Carroll testified in her civil case against Donald Trump yesterday, and it was powerful. Trump didn’t have the guts to show up in court, and that probably didn’t make a good impression on the jury.
Mitchell Epner at The Daily Beast: Jury Has Likely Decided Trump’s Fate in Rape Case Already.
On the first day of trial testimony Wednesday, E. Jean Carroll took the witness stand and provided unvarnished testimony that she was raped by Donald Trump in the 1990s. She testified: “I’m here because Donald Trump raped me, and when I wrote about it, he said it did not happen.”
By André Deymonaz
She testified that she and Trump went together to the lingerie department on the sixth floor of Bergdorf Goodman, flirting. When they got there, Trump followed her into the dressing room and pushed her against the wall, knocking her head and disorienting her. He also pulled down her tights, stuck his fingers inside of her vagina—causing her great pain—and stuck his penis inside of her vagina, for a period of time, while she struggled against him.
This testimony is the key to the case. If the jury believes it, they will find Trump liable for the rape of E. Jean Carroll, and likely award her significant damages. If the jury does not believe it, they will return a verdict in favor of the former president.
Based upon more than 25 years of experience as a trial attorney, including service as an Assistant United States Attorney prosecuting sex crimes, I believe that it is highly likely that the jurors have already made up their minds about whether Carroll is telling the truth—before she has completed her direct testimony and long before Donald Trump’s attorneys have the opportunity to cross-examine her.
On Trump absenting himself:
This case won’t be a “he said, she said” case—because Trump is unlikely to testify.
In fact, Trump has not attended the trial at all so far. During opening statements, his attorney, Joe Tacopina, appeared to indicate that the trend would continue, saying that Trump’s testimony would only occur in deposition excerpts. Trump’s witness list consists of only two people, Donald Trump and Dr. Edgar Nace, a psychiatric expert witness.
Trump also is not presenting any exhibits, other than excerpts from depositions. If he does not testify, the only way he will get facts into evidence will be through cross-examination of Ms. Carroll’s witnesses.
Ms. Carroll, on the other hand, will present a number of corroborating witnesses:
- Lisa Birnbaum: The bestselling author will testify that Carroll told her immediately after the incident what Trump had done to her. She will also testify that she told Carroll that she had been “raped.”
- Carol Martin: The first African-American anchor on local news in New York City (for over two decade) will likewise testify that Carroll told her immediately of the rape by Trump. Martin will testify that she told Carroll not to pursue the case, because he had “200 lawyers” and would destroy her.
- Jessica Leeds: Another of Trump’s alleged victims, she will testify that she was sexually assaulted by Donald Trump when she sat next to him on a flight in the 1970s, when he attempted to place his fingers inside of her vagina.
- Natasha Stoynoff: Then a reporter for People magazine, she will testify that Donald Trump sexually assaulted her when she was at Mar-A-Lago in the early 2000s, working on a story.
Carroll is also set to present the infamous Access Hollywood video, in which Donald Trump bragged that he could grab women “by the pussy” without consent, because he was “a star.”
Perhaps even more importantly, Carroll already addressed most of the points that Trump’s attorneys wanted to make on cross-examination.
Read more at the link.

Still life with a ginger jar and eggplant, by Paul Cezanne
In addition to all this, Trump posted about the case on Truth Social yesterday, and the judge was not happy. He suggested that Trump could get himself in further trouble by trying to influence the jury.
The Guardian: Judge rebukes Trump for ‘entirely inappropriate’ post before E Jean Carroll testimony.
Before Carroll took the stand…the judge in the case, Lewis A Kaplan, rebuked Trump for an “entirely inappropriate” statement on his social media platform, Truth Social, shortly before proceedings began.
Kaplan warned the former president’s lawyers that such statements about the case could bring more legal problems upon himself.
Trump, who has not attended so far, called the case “a made-up scam”. He also called Carroll’s lawyer “a political operative” and alluded to a DNA issue Kaplan has ruled cannot be part of the case.
“This is a fraudulent and false story – Witch Hunt!” Trump wrote….
The judge told Trump’s lawyers: “What seems to be the case is that your client is basically endeavoring, certainly, to speak to his quote-unquote public, but, more troubling, the jury in this case about stuff that has no business being spoken about.”
He also called Trump’s post “a public statement that, on the face of it, seems entirely inappropriate”.
The Trump attorney Joe Tacopina noted that jurors are told not to follow any news or online commentary about the case. But he said he would ask Trump “to refrain from any further posts about this case”.
“I hope you’re more successful,” Kaplan said, adding that Trump “may or may not be tampering with a new source of potential liability”.
This morning Carroll testified that she has been receiving threats, following Trump’s postings.
Another big story broke late yesterday. Trump has lost high fight to keep Mike Pence from testifying to the January 6 grand jury.
CNN: Trump loses appeal to block Pence from testifying about direct communications.
Former President Donald Trump has lost an emergency attempt to block former Vice President Mike Pence from testifying about their direct conversations, in the latest boost to a federal criminal investigation examining Trump’s and others’ actions after the 2020 election.
The former president has repeatedly tried and failed to close off some answers from witnesses close to him in the special counsel’s investigation. This latest order from the DC Circuit Court of Appeals likely will usher in Pence’s grand jury testimony quickly – an unprecedented development in modern presidential history.
The decision, from Judges Patricia Millett, Robert Wilkins and Greg Katsas on the DC Circuit, came in a sealed case on Wednesday night that CNN previously identified as Trump’s executive privilege challenge to Pence. No dissents were noted on the public docket.
Trump has tried to block Pence from testifying about their direct communications, even after the former vice president wrote about some of those exchanges and a lower-court judge had ruled against him.
Trump asked the DC Circuit for emergency intervention weeks ago. The court refused to put on hold Pence’s subpoena and to override the lower-court ruling, flatly denying Trump’s requests.
Trump could try to appeal again and even press the issue at the Supreme Court. Yet he gave up pushing several past executive privilege challenges to special counsel Jack Smith’s investigation after similar rulings from this court of appeals.

Breakfast still life, 1924, by Ilya Mashkov
One more important story–on the latest developments in the Supreme Court ethics scandal.
Dahlia Lithwick and Mark Joseph Stern at Slate: King Roberts: The chief justice’s latest trick to ward off oversight is the ploy of a royal, not a judge.
Last Thursday, Sen. Dick Durbin invited Chief Justice John Roberts to testify before the Senate Judiciary Committee about, well, to put it directly—the Supreme Court’s diaphanous ethics regime. On Tuesday evening, in his letter to Durbin in which he declined the invitation, Roberts finally named the problem: “Testimony before the Senate Judiciary Committee by the Chief Justice of the United States is exceedingly rare, as one might expect in light of separation of powers concerns and the importance of preserving judicial independence,” he wrote. In other words, the justices can enforce checks and balances on the other branches, but the other branches can enforce no checks or balances upon the justices. Which is precisely the problem the Senate Judiciary Committee is attempting to solve.
In an accompanying “Statement on Ethics Principles and Practices,” presumably released for the public, the chief justice laid out the web of laws and practices and guidelines used voluntarily by each justice to determine their individual ethics obligations. Perhaps he was attempting to clarify things, but instead the document illuminates the problem. These obligations and commitments are advisory, unenforceable, and subjective. In response to the widespread concern that no person should be a judge in their own cause, the court has confirmed that it shall continue to be the sole judge of that. (Meanwhile, it will enforce this principle against other courts—which is great, but also … come on!)
Put aside for a moment Politico’s new report that Justice Neil Gorsuch failed to disclose that he’d sold his valuable Colorado property to a prominent lawyer with multiple cases before the court only nine days after he was confirmed, or Bloomberg’s new revelations that Harlan Crow, Justice Clarence Thomas’ GOP-megadonor billionaire friend, also had business before the court, yet his lavish gifts to Thomas were not disclosed because the justice said Crow had no business before the court. Note also that Gorsuch’s failure to disclose has been defended on the grounds that the justice was not friends with the purchaser of his land, whereas Thomas’ failure to disclose Crow’s gifts has been defended on the grounds that the justice was close friends with him. Which “friend” rule wins? Who can possibly know.
The justices themselves are wholly responsible for this high-octane ethics quagmire, which now drags into its fourth week. Any sane institution that relies wholly on public approval, when faced with multiple irrefutable reports of distortions and deception, would respond with a plan to do better. It speaks volumes that the Imperial Court’s response is a promise to simply continue to do the same. Why? Because it thinks the other branches won’t do anything about it. As Ian Millhiser noted in Vox this week, the Constitution makes it extraordinarily difficult to remove a justice, or diminish the court’s power. The reason it is set up this way, believe it or not, is because the framers thought the judiciary would rise above the partisan fray. In practice, however, the Supreme Court has proven remarkably easy for one political party to capture. Its members are selected through a flagrantly political process. It is formed by political imperatives. And yet the court pretends—and demands we all pretend—that it’s magically purified of politics as soon as its justices are seated.
Read the rest at Slate.
That’s all I have for you today. Have a great Thursday, everyone!






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