Wednesday Reads: If You’re Not Voting for Biden, You’re Voting for the End of Democracy. Period.

Good Morning!!

Rene Magritte, The False Mirror, 1928

Rene Magritte, The False Mirror, 1928

Yesterday, Time Magazine published an interview with Donald Trump. Why did he choose Time to reveal his plans for rescinding the Constitution if he is elected in November? I’d guess it’s because he wanted another Time cover to add to his collection. He’s a demented old man who doesn’t realize that Time long ago became fairly irrelevant. But they certainly got the attention of the the political world yesterday. Trump spelled out his plans for 2025 and beyond and they are horrifying.

I agree with this tweet that Aaron Rupar posted after reading the article:

I increasingly believe this election will be a referendum on whether anything matters anymore. There’s no rational case for Trump, but there’s a loud contingent on the left that just wants to burn it down. Combine that with low information voters and Republicans circling the wagons around their guy, and you have the outlines of a calamity. Hopefully people wake up.

Here’s the Time interview, followed by commentary from other publications. I’ve cut out the author’s cutesy commentary and just included Trump’s plans.

Eric Cortellessa at Time: How Far Trump Would Go.

Six months from the 2024 presidential election, Trump is better positioned to win the White House than at any point in either of his previous campaigns. He leads Joe Biden by slim margins in most polls, including in several of the seven swing states likely to determine the outcome. But I had not come to ask about the election, the disgrace that followed the last one, or how he has become the first former—and perhaps future—American President to face a criminal trial. I wanted to know what Trump would do if he wins a second term, to hear his vision for the nation, in his own words.

What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world. To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding. He is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.

Trump remains the same guy, with the same goals and grievances. But in person, if anything, he appears more assertive and confident. “When I first got to Washington, I knew very few people,” he says. “I had to rely on people.” Now he is in charge. The arranged marriage with the timorous Republican Party stalwarts is over; the old guard is vanquished, and the people who remain are his people. Trump would enter a second term backed by a slew of policy shops staffed by loyalists who have drawn up detailed plans in service of his agenda, which would concentrate the powers of the state in the hands of a man whose appetite for power appears all but insatiable. “I don’t think it’s a big mystery what his agenda would be,” says his close adviser Kellyanne Conway. “But I think people will be surprised at the alacrity with which he will take action.” [….]

In a second term, Trump’s influence on American democracy would extend far beyond pardoning powers. Allies are laying the groundwork to restructure the presidency in line with a doctrine called the unitary executive theory, which holds that many of the constraints imposed on the White House by legislators and the courts should be swept away in favor of a more powerful Commander in Chief.

TV Man, by Michael Vincent Manalo

TV Man, by Michael Vincent Manalo

Nowhere would that power be more momentous than at the Department of Justice. Since the nation’s earliest days, Presidents have generally kept a respectful distance from Senate-confirmed law-enforcement officials to avoid exploiting for personal ends their enormous ability to curtail Americans’ freedoms. But Trump, burned in his first term by multiple investigations directed by his own appointees, is ever more vocal about imposing his will directly on the department and its far-flung investigators and prosecutors.

In our Mar-a-Lago interview, Trump says he might fire U.S. Attorneys who refuse his orders to prosecute someone: “It would depend on the situation.” He’s told supporters he would seek retribution against his enemies in a second term. Would that include Fani Willis, the Atlanta-area district attorney who charged him with election interference, or Alvin Bragg, the Manhattan DA in the Stormy Daniels case, who Trump has previously said should be prosecuted? Trump demurs but offers no promises. “No, I don’t want to do that,” he says, before adding, “We’re gonna look at a lot of things. What they’ve done is a terrible thing.”

Trump has also vowed to appoint a “real special prosecutor” to go after Biden. “I wouldn’t want to hurt Biden,” he tells me. “I have too much respect for the office.” Seconds later, though, he suggests Biden’s fate may be tied to an upcoming Supreme Court ruling on whether Presidents can face criminal prosecution for acts committed in office. “If they said that a President doesn’t get immunity,” says Trump, “then Biden, I am sure, will be prosecuted for all of his crimes.” (Biden has not been charged with any, and a House Republican effort to impeach him has failed to unearth evidence of any crimes or misdemeanors, high or low.)

On his goal of mass deportation of immigrants:

Trump’s radical designs for presidential power would be felt throughout the country. A main focus is the southern border. Trump says he plans to sign orders to reinstall many of the same policies from his first term, such as the Remain in Mexico program, which requires that non-Mexican asylum seekers be sent south of the border until their court dates, and Title 42, which allows border officials to expel migrants without letting them apply for asylum. Advisers say he plans to cite record border crossings and fentanyl- and child-trafficking as justification for reimposing the emergency measures. He would direct federal funding to resume construction of the border wall, likely by allocating money from the military budget without congressional approval. The capstone of this program, advisers say, would be a massive deportation operation that would target millions of people. Trump made similar pledges in his first term, but says he plans to be more aggressive in a second. “People need to be deported,” says Tom Homan, a top Trump adviser and former acting head of Immigration and Customs Enforcement. “No one should be off the table.”

For an operation of that scale, Trump says he would rely mostly on the National Guard to round up and remove undocumented migrants throughout the country. “If they weren’t able to, then I’d use [other parts of] the military,” he says. When I ask if that means he would override the Posse Comitatus Act—an 1878 law that prohibits the use of military force on civilians—Trump seems unmoved by the weight of the statute. “Well, these aren’t civilians,” he says. “These are people that aren’t legally in our country.” He would also seek help from local police and says he would deny funding for jurisdictions that decline to adopt his policies. “There’s a possibility that some won’t want to participate,” Trump says, “and they won’t partake in the riches.”

helen-lundeberg, biological fantasy, 1946

Helen Lundeberg, Biological Fantasy, 1946

On Abortion:

As President, Trump nominated three Supreme Court Justices who voted to overturn Roe v. Wade, and he claims credit for his role in ending a constitutional right to an abortion. At the same time, he has sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. “I think they might do that,” he says. When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, “It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.” President Biden has said he would fight state anti-abortion measures in court and with regulation.

Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to “the moment of fertilization.” I ask Trump if he would veto that bill if it came to his desk. “I don’t have to do anything about vetoes,” Trump says, “because we now have it back in the states.”

There’s much more at the Time Magazine link.

Two brief commentaries from TNR:

Elie Quinland Houghtaling at The New Republic: Trump Hints Another January 6 Could Happen If He Loses the Election.

Donald Trump hasn’t quite let go of the possibility of utilizing mob violence if he loses the next election.

In a sprawling interview for Time magazine, Trump hinted that leveraging political violence to achieve his end goals was still on the table.

“If we don’t win, you know, it depends,” he told Time. “It always depends on the fairness of the election.”

And from Trump’s perspective, that’s winning rhetoric. According to him, his incendiary comments supporting a mob mentality, his early warnings of forthcoming abuses of power, and his threats to be a dictator on “day one” are only inching him closer to the White House. “I think a lot of people like it,” Trump told Time….

Meanwhile, the trial that will determine Trump’s level of involvement on the day that his followers actually attempted to overthrow Congress’s certification of the 2020 vote has been indefinitely waylaid by the former president’s claim of presidential immunity. The Supreme Court heard arguments for that case last week. It is currently unclear how the justices will decide the case, though they are expected to issue an opinion sometime between the end of June and early July.

Also from TNR, by Hafiz Rashid: If This Trump Warning on 2024 Doesn’t Scare You, You’re Sleepwalking. Donald Trump is warning that 2024 could be America’s “last election.”

If you ask Donald Trump, the election could determine the fate of the United States itself.

“If we don’t win on November 5, I think our country is going to cease to exist. It could be the last election we ever have. I actually mean that,” the former president said at a campaign rally in Grand Rapids, Michigan, on Tuesday.

JeeYoung Lee, Panic Room, 2010

JeeYoung Lee, Panic Room, 2010

In fact, looking at Trump’s plans for a potential second term, it’s more likely that the opposite is true. He has claimed that he wants to be a dictator, but only on “day one,” and plans to install his legal allies at all levels of government. And his Cabinet? It’s sure to be full of ideologues, immigration hard-liners, and outright fascists. Even conservative judges claim he’ll shred the legal system.

But Trump’s remarks could also be a veiled threat that he should win, or else. The far right, from Trump down to militias, hate groups, and grassroots MAGA supporters, could react violently if the election doesn’t go in their favor.

As Brynn Tannehill wrote for The New Republic in March, “The election cycle either ends in chaos and violence, balkanization, or a descent into a modern theocratic fascist dystopia.” It might not be a stretch to suggest that Trump could plan another January 6–type event if he loses. After all, only months prior to the Capitol insurrection, he urged the Proud Boys to “stand back and stand by” on a debate stage.

Molly Olmstead at Slate: The Most Alarming Answer From Trump’s Interview With Time.

On April 12, former President Donald Trump sat for an interview with Time. That interview, which ran with some follow-up questions from this past Saturday, was published on Tuesday, and it included a number of alarming tidbits from Trump, many of which reaffirmed his earlier extreme positions or took them further.

But perhaps the most shocking response dealt with a hypothetical posed by the reporter, Eric Cortellessa. Relatively early in the conversation, Cortellessa pushed Trump to take a stance on a federal abortion ban. Trump refused, insisting that his views on abortion did not matter—that he was leaving it up to the states to decide, and that was that. Even as Cortellessa insisted that it was “important to voters” to know where he stands, Trump didn’t budge, even when asked how he felt about women being punished for having abortions. Cortellessa then raised the prospect of a surveillance state keeping tabs on women and their reproductive systems:

Cortellessa: Do you think states should monitor women’s pregnancies so they can know if they’ve gotten an abortion after the ban?

Trump: I think they might do that. Again, you’ll have to speak to the individual states. Look, Roe v. Wade was all about bringing it back to the states. 

Trump’s refusal to take a stance on such a sinister possibility shows he remains just as concerned about disappointing his white evangelical base as he is about alienating more moderate voters. But he may have underestimated just how radical this nonstance really was, and just how unsettling it may seem to voters.

That ended up being a theme of the more than hourlong interview: Trump dodged so many questions by railing about his victimhood, boasting about his victories, or just straight-out lying, but when he did give a direct response, it showed a man who had learned no lessons from his 2020 loss or his ongoing legal challenges. The Trump of the interview was just as extreme as ever.

Read the rest at Slate.

Ed Pilkington at The Guardian: Trump threatens to prosecute Bidens if he’s re-elected unless he gets immunity.

Donald Trump has warned that Joe Biden and his family could face multiple criminal prosecutions once he leaves office unless the US supreme court awards Trump immunity in his own legal battles with the criminal justice system.

In a sweeping interview with Time magazine, Trump painted a startling picture of his second term, from how he would wield the justice department to hinting he may let states monitor pregnant women to enforce abortion laws….

Portrait of the Late Mrs. Partridge, by Leonora Carrington

Portrait of the Late Mrs. Partridge, by Leonora Carrington

Trump made a direct connection between his threat to appoint a special prosecutor to investigate the Bidens should he win re-election in November with the case currently before the supreme court over his own presidential immunity.

Asked whether he intends to “go after” the Bidens should he gain a second term in the White House, Trump replied: “It depends what happens with the supreme court.”

If the nine justices on the top court – three of whom were appointed by Trump – fail to award him immunity from prosecution, Trump said, “then Biden I am sure will be prosecuted for all of his crimes, because he’s committed many crimes”.

Trump and his Republican backers have long attempted to link Biden to criminal wrongdoing relating to the business affairs of his son Hunter Biden, without unearthing any substantial evidence. Last June, in remarks made at his golf course in Bedminster, New Jersey, Trump threatened to appoint a special prosecutor were he re-elected “to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family”. [….]

Several of Trump’s comments in the Time interview will ring alarm bells among those concerned with the former president’s increasingly totalitarian bent.

Trump’s remarks raise the specter that, were he granted a second presidential term, he would weaponize the justice department to seek revenge against the Democratic rival who defeated him in 2020.

Despite the violence that erupted on 6 January 2021 at the US Capitol after he refused to accept defeat in the 2020 election, which is the subject of one of two federal prosecutions he is fighting, Trump also declined to promise a peaceful transfer of power should he lose again in November.

Asked by Cortellessa whether there would be political violence should Trump fail to win, he replied: “If we don’t win, you know, it depends. It always depends on the fairness of an election.”

Pouring yet more gasoline on to the fire, Trump not only repeated his falsehood that the 2020 election had been stolen from him, but said he would be unlikely to appoint anyone to a second Trump administration who believed Biden had legitimately prevailed four years ago. “I wouldn’t feel good about it, because I think anybody that doesn’t see that that election was stolen – you look at the proof,” he said.

Philip Bump at The Washington Post: Trump won’t say what he plans to do as president.

The cover story of Time magazine is presented as definitive.

“If he wins,” it states over a picture of former president Donald Trump sitting on a stool. The story from reporter Eric Cortellessa bears the headline, “How far Trump would go,” and interweaves quotes from a lengthy interview Trump granted Cortellessa with the reporter’s assessments of what it tells us about a potential second Trump term.

Max Ernst, The Barbarians

Max Ernst, The Barbarians

But as is often the case, a lot of what Trump is reported as planning to do is constructed from murky, noncommittal answers Trump offered to specific questions. The interview is very revealing about Trump’s approach to the position in that it strongly suggests he hasn’t thought much about important issues, and makes clear how relentlessly he relies on rhetoric to derail questions.

The interview is not revealing about what Trump is firmly committed to doing. But that’s revealing in its own way: It makes it obvious that a second term, like the first, would see policy and executive actions driven by whomever is around Trump. And Trump is clearly committed to having around him only people who share his political worldview.

Before we list the firm policy commitments Trump offered to Cortellessa, which won’t take long, it’s useful to point out all the revealing comments Trump made simply by being given the space to talk.

For example, when asked whether he would use the military to help deport immigrants despite prohibitions against deploying the military against civilians, Trump told Cortellessa that “these aren’t civilians.” He claimed they were, instead, part of an “invasion,” rhetoric he’s used before. This is false — but revealing about Trump’s potential willingness to use force as part of a deportation effort.

I don’t know about this. I thought Trump made his plans pretty clear–especially because we can base our interpretations on what he has already done. But you can read more at the WaPo link.

Nicholas Nehamas and Reid J. Epstein at The New York Times: Biden and Democrats Seize on Trump’s Striking Interview.

The Biden campaign is mounting a concerted push to attack former President Donald J. Trump over statements he made to Time magazine in a wide-ranging interview published Tuesday morning, particularly on abortion.

In the interview, Mr. Trump refused to commit to vetoing a national abortion ban and said he would allow states to monitor women’s pregnancies and prosecute those who violated abortion restrictions.

“This is reprehensible,” President Biden wrote on X. “Donald Trump doesn’t trust women. I do.”

Julie Chavez Rodriguez, Mr. Biden’s campaign manager, said in a statement that Mr. Trump would “sign a national abortion ban, allow women who have an abortion to be prosecuted and punished, allow the government to invade women’s privacy to monitor their pregnancies and put I.V.F. and contraception in jeopardy nationwide.”

Abortion has become a winning issue for Democrats, and Mr. Biden has argued that Mr. Trump and Republicans will continue to erode abortion rights. He and Vice President Kamala Harris have campaigned heavily on the issue in battleground states, and Democrats hope that state ballot initiatives to protect abortion rights will help their candidates for president, Congress and state offices. Their messaging has sought to pin state abortion bans directly on Mr. Trump, whose appointees to the Supreme Court helped overturn Roe v. Wade….

The former president also told Time that he would deploy the U.S. military to detain and deport migrants, and did not dismiss the possibility of political violence should he lose the election.

Democrats highlighted some of those statements as well.

“Donald Trump’s repeated threats of political violence are as horrifying and dangerous as they are un-American,” said Alex Floyd, a spokesman for the Democratic National Committee. “Trump is hellbent on threatening our democracy, win or lose.”

Hillary Clinton urged her followers on X to read about Mr. Trump’s plans for a second term and “take them seriously.”

That’s all I have today. I truly believe that our democracy is hanging in the balance. Whatever you think of Joe Biden, he has generally been a good president. Trump was a disaster last time, and if he wins again, it will be be far worse–beyond anything we can imagine.


Wednesday Reads

Good Morning!!

reading-woman-daydrreaming-by-henri-matisse-1921-henri-matisse

Reading Woman Daydreaming, by Henri Matisse

Those of us who are hanging onto hope that U.S. democracy can still be saved must not only fight Republicans, but also powerful media organizations, especially The New York Times and The Washington Post.

If you follow social media, you’ve undoubtedly seen people mocking New York Times headlines that suggest any good news for Biden is actually negative–along the lines of “The economy is booming–why that’s bad for Biden.”

Despite the fact that news organizations will certainly be persecuted by a second Trump administration, it really appears that at least the wealthy people in charge want another Trump presidency because they believe it will help their bottom line. Working journalists are facing layoffs these days, so perhaps fear of losing their jobs makes them willing to do their bosses’ bidding.

Right now, as Trump faces a historic criminal trial, the Times and Washington Post continue to publish gossipy lightweight stories.

David Kurtz writes in the TPM Morning Memo about a piece in the NYT yesterday on Melania Trump: NYT Is Said To Have Learned Nothing From Its Trump I Coverage.

Yesterday’s NYT apologia for Melania Trump was laugh-out-loud funny, by which I mean so, so bad. Reminiscent of its much-mocked coverage of Javanka during Trump I, the piece had all the usual hallmarks of NYT toadyism.

Let’s start with the passive-voice headline: “Melania Trump Avoids the Courtroom, but Is Said to Share Her Husband’s Anger”

“Said to” is one of the great journalistic sophistries. It does so much apparent work with so little actual effort.

What is this awkward headline construction meant to convey? That despite all her heartache over the Stormy Daniels affair, Melania, too, is outraged (OUTRAGED!) over Manhattan DA Alvin Bragg’s wrongful criminal prosecution of her husband.

How does the NYT know this? So glad you asked!

Melania hasn’t said anything publicly about her supposed outrage. She hasn’t attended legal proceedings with Trump. She hasn’t been by his side at the trial.

But wait! She’s has purportedly spoken “in private” about her feelings.

It’s the classic dipsy-do of the Javanka coverage: Why take any risk of speaking publicly when you can launder it through the NYT. We are never so courageous as we are in our private musings.

But how is the NYT privy to Melania’s private thoughts and comments?

The sourcing: “according to several people familiar with her thinking.” Yes! Bravo! It’s self serving on top of self serving, with two degrees of separation to play it safe.

Why are these “people familiar” granted anonymity? Because they can’t speak publicly “out of fear of jeopardizing a personal relationship with the Trumps.” Perfect! These brave truth-tellers are risking so much – by which I mean, so little – to get their essential truths out into the public sphere.

Here’s the nugget of “reporting” around which the entire article is built:

But Mrs. Trump, the former first lady, shares his view that the trial itself is unfair, according to several people familiar with her thinking.

In private, she has called the proceedings “a disgrace” tantamount to election interference, according to a person with direct knowledge of her comments who could not speak publicly out of fear of jeopardizing a personal relationship with the Trumps.

The rest of the piece is a filament of speculation, pop psychology, knowing winks about cliched relationship tropes, and lazy stereotypes about wives and mothers – all in service of trying to wring a drop of compassion from readers for the private turmoil that comes with being married to DJT.

Read the rest at TPM. But really, who the hell cares what Melania thinks? As the back of her famous jacket read, “I really don’t care, do u?”

Reuss, Albert, 1889-1975; Woman Reading

Albert Reuss 1889-1975, Woman Reading

Another lightweight story from yesterday’s New York Times by style critic Guy Trebay (at least, I guess it’s favorable to Biden): The Biden Guide to Dressing Younger.

Joe Biden is a dapper guy. He always has been. When he turned up decades ago for a first date with the woman who would become his wife and the country’s first lady, her gut reaction was, “This is never going to work, not in a million years.”

Dressed in a sports coat and loafers, Joe Biden was too dapper for someone who had previously gone out with men in T-shirts and clogs.

They worked it out. And the future president stuck to his style. It was one that sometimes skewed Gatsby, for which in 1974 Washingtonian magazine noted his penchant for pinstripe suits and tasseled loafers when citing him as one of the best dressed men in the Senate. It was one that was sometimes too high-toned for its setting. In 1979, Mr. Biden, then a second-term senator, exuded confidence in a “tailored suit and expensive tie” for a campus speech at the University of Alabama, The New Yorker later reported.

It was one that, on occasion, even threatened to upstage the boss. Yes, it must have been flattering to be praised by The Chicago Tribune as the “best-dressed guy” at Bill Clinton’s 2000 State of the Union address. Politically, however, it was not the best look.

Still, dapper cred has stood President Biden in good stead. When Donald J. Trump, now 77, derides his 81-year-old opponent as doddering Uncle Joe, he is missing a point any tailor would be happy to clarify. There is getting old, and there is looking old. To avoid having your clothes add unnecessary years, make style your friend.

“Joe Biden’s style is timeless and doesn’t have any expiration date,” the designer Todd Snyder said recently. If you think that is accidental, you are not paying attention.

Meanwhile, Trump is a dumpy old guy in baggy suits and extra long ties who claims Biden has dementia, an obvious projection.

A campaign story from Clive Wootson, Jr. at The Washington Post: Scranton vs. Mar-a-Lago: Biden turns sharply to populism.

SCRANTON — President Biden’s schedulers did not publicly announce his second stop Tuesday during his visit to his hometown, but it came as little surprise that he’d end up at the gray house with black shutters where he spent the earliest years of his life. He even nodded to the visit in a speech that mixed his biography with his thoughts on tax policy.

Berthe Morisot, 1873

By Berthe Morisot, 1873

“Scranton is a place that climbs in your heart, and it never leaves,” Biden said. “For me it was 2446 North Washington Avenue.”

But the trip was about more than sentiment during the first day of Biden’s three-day swing through this pivotal battleground state. He leaned into populist anger against the rich and worries of a world weighted against the middle class as he sought to draw distinctions between himself and his likely Republican opponent in November, Donald Trump.

“All I knew about people like Trump is that they looked down on us,” Biden told the crowd in his childhood town, contrasting his upbringing with Trump’s frequent visits to his resort in Palm Beach, Fla. “They wouldn’t let us into their homes and their country clubs. When I look at the economy, I look at it through the eyes of Scranton, not through the eyes of Mar-a-Lago.”

Biden will further stress that contrast Wednesday when he travels to Pittsburgh to address the United Steelworkers and unveil a raft of new trade protections for the steel industry. The president will call for a tripling of the 7.5 percent tariff on Chinese steel imports, as well as increased pressure to prevent China from shipping steel to America through Mexican ports….

The actions are just the latest sign of the president’s determination to be seen as a defender of American workers like those in the steel industry, whose employees are spread across states in the industrial Midwest, the so-called “blue wall” that could decide Biden’s political fate in November.

In making the argument, he has leaned into his middle-class upbringing, including the years he spent in Scranton, which he portrays as a scrappy, working-class town. He argues that Trump, on the other hand, is a billionaire who lives in a gilded club in Florida and would bolster other billionaires, the very people who have had an unfair advantage for too long.

Again, I guess at least it’s favorable to Biden.

In the News Today:

A serious piece from Mark Joseph Stern at Slate Magazine: Hundreds of Jan. 6 Prosecutions—Including Donald Trump’s—Are Suddenly in Peril at the Supreme Court.

Will the Supreme Court jeopardize the prosecution of more than 350 defendants involved with Jan. 6, including Donald Trump, by gutting the federal statute that prohibits their unlawful conduct? Maybe so. Tuesday’s oral arguments in Fischer v. United States were rough sledding for the government, as the conservative justices lined up to thwap Joe Biden’s Department of Justice for allegedly overreaching in its pursuit of Jan. 6 convictions. Six members of the court took turns wringing their hands over the application of a criminal obstruction law to the rioters, fretting that they faced overly harsh penalties for participating in the violent attack. Unmentioned but lurking in the background was Trump himself, who can wriggle out of two major charges against him with a favorable decision in this case.

There are, no doubt, too many criminal laws whose vague wording gives prosecutors near-limitless leeway to threaten citizens with decades in prison. But this isn’t one of them. Congress wrote a perfectly legible law and the overwhelming majority of judges have had no trouble applying it. It would be all too telling if the Supreme Court decides to pretend the statute is somehow too sweeping or jumbled to use as a tool of accountability for Jan. 6.

Start with the obstruction law itself, known as Section 1552(c), which Congress enacted to close loopholes that Enron exploited to impede probes into its misconduct. The provision is remarkably straightforward—a far cry from the ambiguous, sloppy, or muddled laws that typically flummox the judiciary. It’s a mainstay of the Department of Justice’s “Capitol siege” prosecutions, deployed in about a quarter of all cases. Overall, 350 people face charges under this statute, Trump among them, and the DOJ has used it to secure the convictions of about 150 rioters. It targets anyone who “corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so.” And it clarifies that an official proceeding includes “a proceeding before the Congress.”

A Woman Reading, by Pablo Picasso, 1920

A Woman Reading, by Pablo Picasso, 1920

The government argues that some rioters attempted to “obstruct” an “official proceeding” by halting the count of electoral votes through “corrupt” means. That includes Joseph Fischer, the defendant in the current case. Fischer, who served as a police officer before Jan. 6, allegedly texted that the protest “might get violent”; that “they should storm the capital and drag all the democrates [sic] into the street and have a mob trial”; and that protesters should “take democratic congress to the gallows,” because they “can’t vote if they can’t breathe..lol.” Video evidence shows Fischer assaulting multiple police officers on the afternoon of Jan. 6 after breaching the Capitol.

Would anyone seriously argue that this person did not attempt to corruptly obstruct an official proceeding? For a time, it seemed not: 14 of the 15 federal judges—all but Judge Carl Nichols in this case—considering the charge in various Jan. 6 cases agreed that it applied to violent rioters bent on stopping the electoral count. So did every judge on the U.S. Court of Appeals for the District of Columbia Circuit except one, Judge Gregory Katsas. Both Nichols and Katsas were appointed by Trump. Their crusade to kneecap the law caught SCOTUS’ attention, and the court decided to intervene despite overwhelming consensus among lower court judges. The Supreme Court’s decision will have major implications for Trump: Two of the four charges brought by special counsel Jack Smith in the former president’s Jan. 6 prosecution revolve around this offense. A ruling that eviscerates the obstruction law would arguably cut out the heart of the indictment.

Stern writes that at least three justices–Clarence Thomas, Neil Gorsuch, and Samuel Alito appear likely to do that. Read the rest at Slate.

Catherine Belton at The Washington Post: Secret Russian foreign policy document urges action to weaken the U.S.

Russia’s Foreign Ministry has been drawing up plans to try to weaken its Western adversaries, including the United States, and leverage the Ukraine war to forge a global order free from what it sees as American dominance, according to a secret Foreign Ministry document.

In a classified addendum to Russia’s official — and public — “Foreign Policy Concept of the Russian Federation,” the ministry calls for an “offensive information campaign” and other measures spanning “the military-political, economic and trade and informational psychological spheres” against a “coalition of unfriendly countries” led by the United States.

“We need to continue adjusting our approach to relations with unfriendly states,” states the 2023 document, which was provided to The Washington Post by a European intelligence service. “It’s important to create a mechanism for finding the vulnerable points of their external and internal policies with the aim of developing practical steps to weaken Russia’s opponents.”

The document for the first time provides official confirmation and codification of what many in the Moscow elite say has become a hybrid war against the West. Russia is seeking to subvert Western support for Ukraine and disrupt the domestic politics of the United States and European countries, through propaganda campaigns supporting isolationist and extremist policies, according to Kremlin documents previously reported on by The Post. It is also seeking to refashion geopolitics, drawing closer to China, Iran and North Korea in an attempt to shift the current balance of power.

Using much tougher and blunter language than the public foreign policy document, the secret addendum, dated April 11, 2023, claims that the United States is leading a coalition of “unfriendly countries” aimed at weakening Russia because Moscow is “a threat to Western global hegemony.” The document says the outcome of Russia’s war in Ukraine will “to a great degree determine the outlines of the future world order,” a clear indication that Moscow sees the result of its invasion as inextricably bound with its ability — and that of other authoritarian nations — to impose its will globally.

Reuss, Albert, 1889-1975; Lady Reading a Book

Albert Reuss, Lady Reading a Book

The Russians have clearly succeeded in subverting much of the Republican Party. Right now, far right Republicans are talking about getting rid of House Speaker Mike Johnson because he appears to be trying to pass some military aid for Ukraine.

The Washington Post: Momentum builds to oust Johnson from House speakership.

House Speaker Mike Johnson’s job is in serious jeopardy as two far-right lawmakers are threatening to oust him after the embattled Republican leader proposed a complex plan intended to fund key foreign allies during wartime.

Johnson (La.) introduced a four-part proposal Monday night to decouple aid for Israel, which faced a barrage of missiles and drones from Iran over the weekend, and help for Ukraine in its fight against Russia, along with two other measures. But his angry right flank — which has for weeks threatened to wrest Johnson’s gavel — escalated its attacks Tuesday morning, also vowing to sink a procedural measure needed to consider his plan.

During a weekly Republicanmeeting Tuesday morning, Rep. Thomas Massie (Ky.) upped the ante when he stood and called on Johnson to resign after announcing that he had signed on to Rep. Marjorie Taylor Greene’s plan to depose him, known as a motion to vacate.

That means that if Democrats chose not to rescue Johnson, Republicans would need just a simple majority to oust their second speaker in six months, causing the House to descend further into chaos during an election year when their slender grasp on the majority is at stake. Republicans appear seriously divided not only about the possible effort to eject Johnson, but also on the foreign aid bills, especially the Ukraine aid that a strident faction staunchly opposes.

Massie said he had warned the speaker in a private conversation “weeks ago” that if the motion to oust him was called to the floor, and Democrats did not help bail him out, Republicans would be successful in removing him as speaker because “we’re steering everything toward what [Senate Majority Leader] Chuck Schumer wants.”

“The motion is going to get called, okay? Does anybody doubt that? The motion will get called, and then he’s going to lose more votes than Kevin McCarthy,” Massie said, referencing the previous GOP speaker, who lost the gavel when eight Republicans joined all Democrats to oust him in October.

“I am not resigning,” Johnson said defiantly at a news conference Tuesday, calling the threat “absurd” as Republicans are “trying to do their job.”

If Republicans don’t watch out, they could end up with Speaker Hakim Jeffries. But loyalty to Putin is these Republicans’ top priority.

Yesterday, Senator Tom Cotton recommended that drivers should mow down protesters who block roads. After being criticized, he “doubled down.” Allison Quinn at The Daily Beast: Tom Cotton Doubles Down on Calls for Mob Violence Against Protesters.

A day after encouraging members of the public to “take matters into their own hands” to deal with peaceful protesters, Sen. Tom Cotton (R-AR) is doubling down on his endorsement of mob violence.

The Arkansas Republican shared a video on X on Tuesday morning of climate protesters who were blocking a road in France being grabbed and tossed on the side of the road by angry drivers. “How it should be done,” he captioned the video.

[Wordpress won’t let me post the video, but you can watch it at the link above.]

Cotton was apparently unfazed by backlash he received over comments made a day earlier, when he said protesters who blocked part of the Golden Gate Bridge would’ve been tossed off the bridge if it had happened in Arkansas.

“I encourage people who get stuck behind the pro-Hamas mobs blocking traffic: take matters into your own hands to get them out of the way. It’s time to put an end to this nonsense,” he wrote on X about protesters criticizing the U.S. response to the Israel-Hamas war.

Cotton, who famously penned an op-ed in 2020 calling for troops to be deployed to crush nationwide protests, also suggested in comments to Fox News that protesters blocking the road should have their hands “glued … to a car or the pavement,” noting that it’d be “probably pretty painful to have their skin ripped off.”

Nice guy.

On Trump’s NYC criminal trial

Travis Gettys at Raw Story: Trump allies concerned about ‘physical toll’ of trial on elderly ex-president: DC insider.

Donald Trump has apparently dozed off during each of the first two days of his criminal trial, and MSNBC’s Jonathan Lemire said allies are concerned about the “physical toll” of sitting through hours of courtroom proceedings on the 77-year-old former president.

Judge Juan Merchan has already told the ex-president he must attend the trial or face potential jail time, and those who know Trump understand that he lacks discipline and will likely find it hard to control himself in the courtroom during a trial that’s expected to last for more than a month.

John, Gwen, 1876-1939; The Convalescent

The Convalescent, by Gwen John, 1876-1939

“He has a legendary short attention span, ricocheting from one thought to the next, would frustrate his business advisers and his White House staff,” said Lemire, who hosts “Way Too Early” and also serves as Politico’s White House bureau chief. “He’s been, best I can tell, disciplined only a handful of times in his life – the last week of the [2016] election, he was convinced to stay off Twitter, and we know that helped him win in the last few days with an assist from FBI director [James] Comey, but that’s certainly the exception rather than the rule. He is undisciplined.”

“I was speaking to someone in Trumpworld last night who did acknowledge that, that the physical toll this is taking on Trump already,” Lemire added. “A couple of times we have seen him close his eyes, potentially asleep. Though he’s been in courtrooms a lot in recent months, most of those appearances relatively brief, an hour here, a couple of hours there – lots of breaks. He never had to be there for eight, nine hours at a time, and he’s going to have to do that each and every day. He gets today off but he’ll be back tomorrow, he’ll be back Friday. He’ll be back Monday, and there’s concern in Trumpworld about the physical toll this will take on him.”

I’ll bet Trump just loves that story.

The Hill: Toobin implies Trump remarks after court may hurt him if played for jury.

Legal analyst Jeffrey Toobin suggested former President Trump’s remarks after the second day of his hush money trial — centered on the falsification of business records — could possibly hurt him.

Toobin implied to CNN’s Anderson Cooper on Tuesday night that the comments, which “could be played before the jury,” may come back to haunt the former president in the case. But, the analyst added, Trump could also turn it around and say he doesn’t handle his own business records.

“Remember, the whole case is about the falsification of these business records. And you know, Trump has potentially the argument, ‘Look, I run a multibillion-dollar company. I don’t know how the accountants, how the bookkeepers record things,’” he said. “That’s going to be a big issue in the case.”

“How is the government going to prove that Trump knew and initiated or at least supported the idea that these payoffs were recorded as legal fees?” Toobin asked, adding that the former president “caught himself” in his remarks. “But you know that that video could be played before the jury, no question.”

While speaking to reporters Tuesday after the second day of jury selection wrapped up in the historic criminal trial, the former president said he marked the reimbursements at the center of the case as a “legal expense,” before noting that the accountants did that.

“I was paying a lawyer, and we marked it down as a legal expense — some accountant. I didn’t know,” Trump told reporters. “Mark it down as a legal expense. That’s exactly what it was. And you get indicted over that?”

“When he started to say, I marked it down as legal expenses, my ears perked up because it’s been a little bit unclear exactly how the state is going to prove that Trump falsified the records because many of these entries may have been made by the accountants for the Trump Organization,” she added.

Stephen Collinson at CNN: A jury that will decide Trump’s fate begins to take shape as first criminal trial powers ahead.

There are two Donald Trump criminal trials now taking place.

There’s the one in a Manhattan courtroom, where a judge, attorneys for both sides and prospective jurors are making strenuous efforts to lay the foundation of the fair trial to which the ex-president and every other citizen is entitled.

And there’s the imaginary trial that exists in Trump’s rhetoric, led by “heartless thugs” and a “very conflicted judge” who is “rushing the trial” that the presumptive GOP nominee claims is a “Biden inspired witch-hunt.”

In court on Tuesday, Trump made eye contact with potential jurors and was admonished by Judge Juan Merchan for muttering while one was questioned. But the surprisingly snappy pace of the process confounded initial expectations that putting on trial possibly the most famous man on Earth would be a laborious and prolonged process. While there were occasional moments of levity in the court and reminders that Trump’s status make him a defendant like none other, conversations that members of the jury pool had with the judge and defense lawyers and prosecutors hinted at the gravity of what will unfold in the coming weeks.

Reading Woman, by Henri Matisse

One potential juror, for instance, noted: “This is real. This man’s life is on the line, the country’s on the line, this is serious.”

As Trump’s hush money trial quickened on its second, compelling day — with seven jurors seated — Trump stepped up efforts to discredit the proceedings and the legal system itself. He bolstered the argument that is both his primary defense and his main campaign message — that he’s a persecuted victim being prosecuted because he’s on course to win back the White House in November. The former president’s strategy encapsulates one of the most consequential challenges to the American courts system in modern memory — one that is likely to leave it tarnished in the eyes of tens of millions of his supporters whatever the jury decides. And it exemplifies the unprecedented circumstances of the first former president going on trial in the middle of an election campaign that is now running more through multiple court rooms than swing states.

But outside the courtroom, the former president raged, offering a skewed commentary on the good faith efforts inside.

When the search for 12 jurors plus alternates paused for the day, Trump motorcaded to a bodega uptown, to highlight what he says is rising crime faced by the owners of small stores that are often open all night and especially serve immigrant communities. Trump was in his element, waving to a crowd that chanted “Four more years” and “We love Trump,” as he belted out quotes that dripped with falsehoods about foreign nations emptying their prisons and asylums to send a tide of migrants to American cities.

In a rowdy event in which he looked more like a mayoral candidate than a presumptive presidential nominee, he made two points. First that Manhattan District Attorney Alvin Bragg should be going after ‘real’ criminals and not him, and that his obligation to attend the trial was keeping him off the campaign trail, as his rival, President Joe Biden, sweeps this week through swing-state Pennsylvania.

Poor, pitiful Donald.

That’s all I have for you today. What do you think? What other stories are you following?


Lazy Caturday Reads

Good Afternoon!!

Walter Chandoha plays with one of his subjects at his home studio in 1955.

Walter Chandoha plays with one of his subjects at his home studio in 1955.

Today I’m featuring cat photos by Walter Chandoha. Chandoha was a famous photographer of animals–mostly cats. You can read about him and see more photos in this 2019 New York Times obituary by Richard Sandomir: Walter Chandoha, Photographer Whose Specialty Was Cats, Dies at 98.

Taking pictures of cats soon began to look like a more fulfilling career path than the one in advertising that Mr. Chandoha had planned while attending New York University, after serving in World War II. So, after graduating, he turned to freelance photography for a living — and, by the mid-1950s, he had begun a long period as the dominant commercial cat photographer of his era.

“Walter Chandoha’s cat models, shown on this page, must be alert, graceful and beautiful,” read a newspaper ad in 1956 for a cat food brand that featured his photos. “To keep them that way, Mr. Chandoha feeds them Puss ‘n Boots because Puss ‘n Boots is good nutrition.”

On a winter’s evening in 1949, Walter Chandoha was walking to his three-room apartment in Astoria, Queens, when he spotted an abandoned gray kitten shivering in the snow. He put it in a pocket of his Army coat and brought it home to his wife, Maria.

The kitten’s antics — racing through the apartment each night as if possessed, shadowboxing with his image in a mirror — inspired the couple to name him Loco. Mr. Chandoha (pronounced shan-DOE-uh) was moved to photograph Loco and quickly sold the pictures to newspapers and magazines around the world.

By the time he died, on Jan. 11, Mr. Chandoha had taken some 90,000 cat photos, nearly all before cats had become viral darlings of social media. He was 98.

Now, on to the day’s news:

It’s becoming very clear that the courts are not going to protect us from a possible Trump dictatorship. Thank goodness for E. Jean Carroll and NY AG Letitia James. At least two New York courts have hit Trump where it hurts–his finances. But the two federal cases seem stalled and the Georgia case just took a bit hit. Those three prosecutions of Trump are unlikely to take place before the election now. We are going to have to defeat him at the ballot box.

At The New Republic, Michael Tomasky writes: We Have to Beat Donald Trump. Clearly, the Broken Legal System Won’t.

Judge Scott McAfee has ruled that Fulton County District Attorney Fani Willis can stay on the case against Donald Trump in that jurisdiction, provided that Nathan Wade, the prosecutor on the case with whom she had a relationship, withdraws. I guess we count that a win, although to be honest, Willis has so damaged herself by her colossally terrible judgment that it probably would have been better if she were out of the picture.

Cats play together in 1962.

Cats play together in 1962.

The other problem with Willis’s scandal is how it slowed the case down, giving Trump’s lawyers a chance to make this not about the defendant but about her—and another chance to delay, delay, delay.

Meanwhile, Thursday, down in Florida, we saw Trumpy Judge Aileen Cannon issue yet another ruling in the classified documents case that helps Trump. She didn’t support Trump’s lawyers’ motion to dismiss the case, but she kicked the can down the road in a way that’s very helpful to Trump. MSNBC analyst Andrew Weissmann even called it the “worst possible outcome” for the government. “If the judge had simply said, ‘I agree with Donald Trump, and I find that this is vague, and I’m dismissing it,’ the government could have appealed it to the Court of Appeals for the Eleventh Circuit, as they have done twice before and won twice before,” Weissmann said. “But she also did not want to rule in favor of the government. So what she did is said, ‘Why don’t you bring this up later? I think there’s some real issues here.’”

Also this week, in the Stormy Daniels hush-money case against Trump, Manhattan District Attorney Alvin Bragg shocked us all by asking for a 30-day delay in the trial, which was scheduled to start March 25. Trump’s lawyers had requested a 90-day delay. Bragg conceded that some delay was appropriate.

Why? It looks like it’s the fault of federal prosecutors. Bragg’s office requested certain documents a while ago from the Southern District of New York, and it shared them with Trump’s lawyers during the discovery process. Trump’s lawyers suspected there was more, especially relating to Trump’s former lawyer Michael Cohen, so they subpoenaed the SDNY. That happened in January. It was only earlier this month that the Southern District turned over all the documents….

It’s more than fair to ask: Why did the Southern District take so long to produce these documents? And we must also ask this: Did Merrick Garland know his prosecutors were taking so long to hand over documents, and thus playing into Trump’s hands? And if he knew, did he do anything about it?

And then there’s the most significant case of all–the one about Trump’s efforts to overturn the 2020 election.

Finally, let’s recall the status of the fourth criminal case against Trump, the biggest one, at least to my mind—the January 6 insurrection case. On that one, we’re basically waiting on the Supreme Court, which announced on February 28 that it would hear arguments in Trump’s claim of complete immunity but set the argument date for April 25. The high court could easily take another month—or even two—to hand down its decision after that, meaning that this crucial trial, about whether a sitting president initiated an insurrection against the government of the United States, may not happen before Election Day.

How in the world did all this happen? A few weeks ago, it looked like the wheels of justice were finally turning, catching up on a man who has flouted and broken laws not only during his presidency but for his entire adult life,

going back to when he and his father wouldn’t rent apartments to Black people in Queens. There was the judgment in the E. Jean Carroll case. And then the whopping penalty in the New York attorney general’s case against the Trump Organization.

But this week, it looks like everything is falling apart.

An American shorthair in 1966.

An American shorthair in 1966.

We can’t count on the courts. They move slowly and they favor the rich and powerful. We can’t count on the media either. They seem to favor another Trump presidency because the bosses believe the insanity and chaos would be good for their bottom line.

CNN on the Fani Willis case:

Another problem comes from MAGA threats. MSBNC’s Kyle Griffin wrote on Twitter that

“Judge Scott McAfee had written his order on Willis and Wade early last week, according to NBC News, but because he had been receiving threats, he waited until today to make it public in order to allow for proper security to be in place for him and his family.”

At NBC,  and Trump hush money trial postponed until mid-April, judge rules.

The trial in the New York hush money case against former President Donald Trump has been delayed until the middle of April, Judge Juan Merchan ruled Friday.

Merchan said the trial — originally scheduled to begin March 25 — would be pushed back 30 days from Friday.

He also scheduled a hearing for the trial’s initial start date, to discuss a motion filed by Trump’s attorneys regarding document production in the case.

Merchan said he will set a new trial date “if necessary” when he rules on that motion, meaning it’s possible the trial proceedings could be delayed beyond the middle of next month.

Manhattan District Attorney Alvin Bragg had previously said he would support the trial being delayed at least 30 days, into late April. Trump’s legal team requested that it be postponed 90 days.

Bragg said Thursday that Trump’s request to delay the trial was the result of the U.S. Attorney in Manhattan providing over 100,000 pages of discovery, which Bragg said were “largely irrelevant to the subject matter of this case.” The U.S. Attorney’s Office provided an additional 15,000 pages of discovery on Friday, which Bragg’s office said were also “likely to be unrelated to the subject matter of this case.”

The documents relate to Michael Cohen’s guilty plea in 2018 to numerous criminal charges, including making secret payments to women who claimed they had affairs with Trump, lying to Congress about Trump’s business dealings with Russia and failing to report millions of dollars in income.

Echoing MIchael Tomasky, WTF is going on with the Southern District and the DOJ. Are there MAGA people still in place that are helping Trump delay justice?

This 1955 photo is one of Walter Chandoha’s most famous shots. “My daughter Paula and the kitten both ‘smiled’ for the camera at the same time. … But the cat’s not smiling, he’s meowing.”

This 1955 photo is one of Walter Chandoha’s most famous shots. “My daughter Paula and the kitten both ‘smiled’ for the camera at the same time. … But the cat’s not smiling, he’s meowing.”

Speaking of the rich and powerful, why is Elon Musk still getting federal contracts after his support for Nazis and white supremacists and his support for Russia’s war against Ukraine?

Joey Roulette and Marisa Taylor at Reuters: Exclusive: Musk’s SpaceX is building spy satellite network for US intelligence agency, sources say.

SpaceX is building a network of hundreds of spy satellites under a classified contract with a U.S. intelligence agency, five sources familiar with the program said, demonstrating deepening ties between billionaire entrepreneur Elon Musk’s space company and national security agencies.

The network is being built by SpaceX’s Starshield business unit under a $1.8 billion contract signed in 2021 with the National Reconnaissance Office (NRO), an intelligence agency that manages spy satellites, the sources said.

The plans show the extent of SpaceX’s involvement in U.S. intelligence and military projects and illustrate a deeper Pentagon investment into vast, low-Earth orbiting satellite systems aimed at supporting ground forces.

If successful, the sources said the program would significantly advance the ability of the U.S. government and military to quickly spot potential targets almost anywhere on the globe.

The contract signals growing trust by the intelligence establishment of a company whose owner has clashed with the Biden administration and sparked controversy, opens new tab over the use of Starlink satellite connectivity in the Ukraine war, the sources said.

The Wall Street Journal reported, opens new tab in February the existence of a $1.8 billion classified Starshield contract with an unknown intelligence agency without detailing the purposes of the program.

Reuters reporting discloses for the first time that the SpaceX contract is for a powerful new spy system with hundreds of satellites bearing Earth-imaging capabilities that can operate as a swarm in low orbits, and that the spy agency that Musk’s company is working with is the NRO.

Will Musk have access to this program, as he does with Starlink? How do we know he won’t share information with Russia? Am I an idiot to ask that?

Chandoha’s backlighting technique dramatizes the defensive posture of a kitten seeing a dog in 1957.

Chandoha’s backlighting technique dramatizes the defensive posture of a kitten seeing a dog in 1957.

Another tale of the rich and powerful from Eric Lipton, Jonathan Swan, and Maggie Haberman at The New York Times: Kushner Developing Deals Overseas Even as His Father-in-Law Runs for President.

Jared Kushner, the son-in-law of Donald J. Trump, confirmed on Friday that he was closing in on major real estate deals in Albania and Serbia, the latest example of the former president’s family doing business abroad even as Mr. Trump seeks to return to the White House.

Mr. Kushner’s plans in the Balkans appear to have come about in part through relationships built while Mr. Trump was in office. Mr. Kushner, who was a senior White House official, said he had been working on the deals with Richard Grenell, who served briefly as acting director of national intelligence under Mr. Trump and also as ambassador to Germany and special envoy to the Balkans.

One of the proposed projects would be the development of an island off the coast of Albania into a luxury tourist destination.

A second — with a planned luxury hotel and 1,500 residential units and a museum — is in Belgrade, the capital of Serbia, at the site of the long-vacant former headquarters of the Yugoslav Army destroyed in 1999 by the NATO bombings, according to a member of Parliament in Serbia and Mr. Kushner’s company.

These first two projects both involve land now controlled by the governments, meaning a deal would have to be finalized with foreign governments.

A third project, also in Albania, would be built on the Zvërnec peninsula, a 1,000-acre coastal area in the south of Albania that is part of the resort community known as Vlorë, where several hotels and hundreds of villas would be built, according to the plan.

Mr. Kushner’s participation would be through his investment firm, Affinity Partners, which has $2 billion in funding from Saudi Arabia’s Public Investment Fund, among other foreign investors. In a statement, an official with Affinity Partners said it had not been determined whether the Saudi funds might be a part of any project Mr. Kushner is considering in the Balkans.

How does Kushner get away with this? Why aren’t Congressional Democrats investigating him, even if the DOJ is too busy or corrupt? I don’t get it.

Commentary from Carl Gibson at Raw Story: ‘Corrupt’: Jared Kushner’s overseas business deals under fire as Trump runs for president.

Former President Donald Trump’s son-in-law Jared Kushner (who was also a senior adviser in his White House) has been ramping up his overseas business dealings undeterred by the optics of doing so in the midst of his father-in-law’s presidential campaign.

A Friday report in the New York Times scrutinized Kushner’s real estate deals in Balkan countries of Albania and Serbia, in which he stands to reap significant financial benefits once they’re completed. The Times reported that Kushner has been working with Richard Grenell, who was Trump’s former acting Director of National Intelligence who also served as German ambassador and a special envoy to the Balkans.

An American shorthair squeezes into a glass in 1960.

An American shorthair squeezes into a glass in 1960.

Notably, two of the three projects Kushner is aiming to finalize this year involve the transfer of land currently owned by Albania and Serbia, meaning a member of the president’s immediate family (Kushner is married to Trump’s daughter, Ivanka) stands to receive money directly from foreign governments. According to the Times, the first project involves redeveloping an island off the Albanian coast into a high-end luxury resort, and the second would be a 1,500-unit apartment building, museum and luxury hotel in the Serbian capital city of Belgrade. The third — which doesn’t involve a direct land acquisition from a foreign government — is a planned resort development in coastal southern Albania.

Kushner has been capitalizing on his foreign connections since leaving the White House. After Kushner’s departure became official, he launched his investment firm, Affinity Partners, which received a $2 billion investment from Saudi Arabia’s Public Investment Fund as well as from other foreign business interests in the United Arab Emirates and Qatar.

The former president’s son-in-law worked closely with Saudi Crown Prince Mohammed bin-Salman while he was in the White House, as Trump frequently put him in the driver’s seat in negotiations with Middle Eastern countries. In 2018, bin-Salman was accused of playing a direct role in the dismemberment and murder of Washington Post journalist Jamal Khashoggi (President Joe Biden made it clear in 2022 that the Saudi crown prince was immune from any legal action in relation to Khashoggi’s assassination)….

Meanwhile, Republicans continue to investigate Biden’s son, Hunter, for his own foreign business deals even as Kushner plows ahead in the Balkans. House Oversight Committee chairman Rep. James Comer (R-Kentucky) and House Judiciary Committee chairman Rep. Jim Jordan (R-Ohio) both maintain that the president improperly influenced foreign governments in his son’s favor, though their respective investigations have yet to yield any smoking gun evidence.

In Israel-Hamas war news, Senator Chuck Schumer spoke out this week about Israel’s conduct in Gaza. Jonathan Weisman at The New York Times: A Watershed Moment for the Politics of Israel, Courtesy of Chuck Schumer.

Over 44 painstakingly scripted minutes on the floor of the Senate on Thursday, the majority leader, Chuck Schumer, spoke of his Jewish identity, his love for the State of Israel, his horror at the wanton slaughter of Israelis on Oct. 7 and his views on the apportionment of blame for the carnage in Gaza, saying that it first and foremost lay with the terrorists of Hamas.

Then Mr. Schumer, a New York Democrat and the highest-ranking elected Jew in American history, said Israel’s prime minister, Benjamin Netanyahu, was an impediment to peace, and called for new elections in the world’s only Jewish state.

The opposition was not nearly so painstaking.

Within minutes, the House Republican leadership demanded an apology. The Senate Republican leader, Mitch McConnell of Kentucky, using Mr. Netanyahu’s nickname, declared: “Make no mistake — the Democratic Party doesn’t have an anti-Bibi problem. It has an anti-Israel problem.” And the Republican Jewish Coalition proclaimed that “the most powerful Democrat in Congress knifed the Jewish state in the back.”

Walter Chandoha, 1962

Walter Chandoha, 1962

The months that have followed the slaughter of Oct. 7 and the ensuing, calamitously deadly war in Gaza have been excruciating for American Jews, caught between a tradition of liberalism that has dominated much of Jewish politics and an anti-Israel response from the political left that has left many feeling isolated and, at times, persecuted.

But Mr. Schumer’s speech was potentially a watershed moment in a much longer political process, pursued initially by Republicans but joined recently by left-wing Democrats — to turn Israel into a partisan issue. Republicans, as they see it, would be the party of Israeli supporters. Democrats, as the rising left would have it, would be the party of Palestine

At the root of that divide is a fundamental question: Is support for the Jewish State separable from the support of Israel’s democratically elected government? For years, Republicans have said no. Increasingly, the Democratic left agrees but from a different perspective: Israel is bad, regardless of who governs it.

“The pressure — electoral, social, cultural — on American Jews right now to declare themselves” on the justice of the war in Gaza and on the legitimacy of the Israeli prime minister has been “unrelenting, unforgiving and sometimes downright vicious,” said David Wolpe, a prominent rabbi in Los Angeles and a visiting scholar at Harvard Divinity School.

Mr. Schumer’s speech and the ensuing partisan response have made that pressure even more intense.

“It’s impossible to understate the seismic event this was,” said Matthew Brooks, the longtime chief executive of the Republican Jewish Coalition, who made it clear that the group would use the speech to drive Jewish voters to the G.O.P.

Read more at the NYT.

A couple more stories of note:

This should be shocking news, but the NYT didn’t even run a story on it. CNN: Pence says he ‘cannot in good conscience’ endorse Trump.

Former Vice President Mike Pence on Friday said he “cannot in good conscience” endorse presumptive GOP nominee Donald Trump, a stunning repudiation of his former running mate and the president he served with.

“Donald Trump is pursuing and articulating an agenda that is at odds with the conservative agenda that we governed on during our four years. That’s why I cannot in good conscience endorse Donald Trump in this campaign,” Pence said on Fox News.

1968

A cat cozies up to a dog, 1968

The former vice president, after ending his own presidential bid in October, withheld an endorsement in the 2024 Republican primary, but he previously vowed to back the eventual GOP nominee. Trump had said after Pence dropped out that his former vice president should endorse him, saying, “I chose him, made him vice president. But … people in politics can be very disloyal.”

While he said he is “incredibly proud” of the record of the Trump-Pence administration, Pence argued that the former president has walked away from conservative issues, pointing to Trump’s stance on abortion and US national debt and his reversal on TikTok.

“During my presidential campaign, I made it clear there were profound differences between me and President Trump on a range of issues. And not just our difference on my constitutional duties that I exercised January 6th,” Pence said on “The Story with Martha MacCallum.”

“As I have watched his candidacy unfold, I’ve seen him walking away from our commitment to confronting the national debt. I’ve seen him starting to shy away from a commitment to the sanctity of human life. And this last week, his reversal on getting tough on China and supporting our administration’s efforts to force a sale of ByteDance’s TikTok,” he added.

Many other former members of Trump’s administration have also said they won’t vote for him. Yesterday Ron Filipkowski posted this list on Twitter:

The Republican 43rd President won’t endorse Trump.

His VP won’t endorse Trump.

The 2012 Republican nominee won’t endorse Trump.

His running mate won’t endorse Trump.

Trump’s own VP won’t endorse him.

His last AG won’t.

His last Sec Defense won’t.

Wake up, America!

One more from Brian Schott at The Salt Lake Tribune: ‘We are losing our kids to a satanic cult,’ Sen. Tommy Tuberville warns during Utah campaign stop.

Alabama Republican U.S. Sen. Tommy Tuberville had a stark warning for the approximately 100 Utah GOP delegates who crowded into a Bluffdale warehouse to hear him speak on Friday afternoon: Malevolent supernatural forces are working to undermine America.

“I’ve traveled all over the country — all 50 states — I’ve been in good places and bad places. The one thing I saw, we are losing our kids to a satanic cult,” Tuberville, who traveled to Utah to campaign for GOP U.S. Senate candidate Trent Staggs, warned.

The former college football coach and ardent Donald Trump supporter gave his full endorsement to Staggs, one of 11 Republicans vying for the GOP nomination to succeed Sen. Mitt Romney in Washington.

Brandishing an upside-down pocket Constitution, Tuberville said the 2024 election wasn’t Republican vs. Democrat but “anti-American vs. American.”

“We’ve lost our moral values across the country. We’ve got to get back to the Constitution, and we have got to get back to the Bible. We’ve got to get God back in our country,” Tuberville said. “There’s not one Democrat that can tell you they stand up for God.”

What exactly is he talking about? Is he saying the Democratic Party is a satanic cult or is he referring to the Mormon Church? Probably the former, I know.

Republican delegates ate it up as he careened from anti-transgender statements to discussion of immigration and chaos at the border to a prediction left-wing mobs are set to wreak chaos across the country this summer to help Joe Biden win reelection.

Tuberville even went so far as to claim the federal government has been corrupted to go after conservatives instead of criminals, which was seemingly an indirect reference to the hundreds of Trump supporters who were charged after attacking the Capitol on Jan. 6, 2021.

“We’ve lost our Department of Justice. In most of the country, we don’t have a criminal justice system anymore. Nobody goes to jail, unless you’re an innocent person that really loves this country, then they’ll put you in jail,” Tuberville said. “We have never overcome a cult like we’re dealing with right now.”

The loudest boos from the GOP delegates on hand came when Tuberville and Staggs took swipes at Sen. Mitt Romney, who was the party’s presidential nominee just a dozen years ago.

What a wacko.

That’s all I have for you today. I hope you all are having a nice weekend!


Wednesday Reads: MAGA Republicans in Disarray

Good Day!!

Hugo Scheiber, Man Reading Newspaper 1918

Hugo Scheiber, Man Reading Newspaper, 1918

Yesterday was a huge news day. The top story was the decision by the DC Circuit Court ruling stating that  Trump does not have immunity from prosecution for crimes committed as president. Now Trump must decide by Monday whether to take the case to the Supreme Court.

On Thursday, the Supreme Court will hear arguments regarding the Colorado case arguing that the 14th Amendment makes Trump ineligible to appear on the state’s primary ballot.

Trump is also awaiting a decision from Judge Engoron in the New York fraud case that could potentially bankrupt him.

In addition, Republicans in the House and Speaker Mike Johnson failed miserably as he lost two votes he put on the floor: aid to Israel and  impeachment of Homeland Security Secretary Alejandro Mayorkas. On top of that, the head of the RNC announced her resignation.

In the Senate, Mitch McConnell knifed Senator James Lankford in the back after assigning him to negotiated a border bill that included aid to Ukraine and Israel. Democrats gave Republicans everything they wanted, but they backed down on Trump’s orders.

I’ll get to as many of these stories as I can.

Kyle Cheney and Josh Gerstein at Politico: Trump is not immune from prosecution for bid to subvert the 2020 election, appeals court rules.

Former President Donald Trump — and indeed any other former president — may be prosecuted for alleged crimes they committed while in office, a federal appeals court panel ruled Tuesday.

The unanimous 57-page decision from a three-judge panel of the D.C. Circuit Court of Appeals is a major win for special counsel Jack Smith, who is seeking to put Trump on trial this year on federal felony charges stemming from his efforts to overturn the 2020 election.

Trump quickly vowed an appeal, which could be at the Supreme Court by Monday.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the D.C. Circuit judges wrote. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

The ruling affirms U.S. District Judge Tanya Chutkan’s historic conclusion that former presidents may be prosecuted for crimes they committed in office, even if those alleged crimes arguably related to their official duties. Trump had argued that former presidents could not be prosecuted for such actions without first being impeached and convicted by Congress.

The judges put their decision on hold only until Monday to allow Trump to ask the Supreme Court to take up the immunity fight on an emergency basis. If he does so, the decision won’t take effect until the high court acts on his request, the appeals panel decreed.

Trump could also ask the D.C. Circuit to rehear the case. But the panel said doing that won’t delay the return of the case to Chutkan, the trial judge, unless the full bench of the D.C. Circuit agrees to a rehearing, which requires a majority of the 11 active appellate judges.

The force of Tuesday’s unanimous ruling Tuesday, backed by two liberal judges and one staunch conservative, may have been worth the wait for Smith. Rather than a splintered decision that could be picked apart more easily, the ruling lays out a groundbreaking legal and political framework for bringing a former president to trial.

The Newspaper, by Aldo Luongo

The Newspaper, by Aldo Luongo

At The Atlantic, George Conway writes: An Airtight Ruling Against Trump. In a masterful opinion, the D.C. Circuit rejected the former president’s bid for immunity.

On July 24, 1974, when the Supreme Court issued its decision in United States v. Nixon, ordering President Richard Nixon to produce the Watergate tapes, the president turned to his chief of staff, Alexander Haig, to understand what had just happened. He later recounted the exchange in his memoirs:

“Unanimous?” I guessed.

“Unanimous. There’s no air in it at all,” he said.

“None at all?” I asked.

“It’s tight as a drum.”

These words echoed through my mind today, nearly 50 years later, as I read the historic opinion of the United States Court of Appeals for the District of Columbia Circuit in United States v. Trump, holding that former President Donald Trump does not enjoy immunity from prosecution for any crimes he committed in attempting to end constitutional democracy in the United States.

The result was no surprise. As I said last month, no one who attended the oral argument could have believed Trump had any chance of prevailing. The question was timing: How long would an appeal delay Trump’s trial, originally scheduled for March 4? Many of us thought that the decision might come sooner, perhaps within days of the argument, given how quickly the court had scheduled briefing and argument. And by the end of last week, some commentators had, by their own reckoning, reached the “freakout stage” as to why the decision was taking so long.

They—and we—needn’t have worried. Issued exactly four weeks after the argument, the court’s decision came plenty fast. It’s not that often that you get a unanimous 57-page decision on novel questions of law in 28 days. And you almost never get an opinion of this quality in such a short period of time. I’ve read thousands of judicial opinions in my four decades as a law student and lawyer. Few have been as good as this one.

Unanimous. No air. Tight as a drum. The court’s per curiam opinion—per curiam meaning “for the court,” in that no individual judge authored it—is all that and more. It’s a masterful example of judicial craftsmanship on many levels. The opinion weaves together the factual context, the constitutional text, the judicial precedent, history, the parties’ concessions, and razor-sharp reasoning, with no modicum of judicial and rhetorical restraint, to produce an overwhelmingly cohesive, and inexorably convincing, whole. The opinion deserves a place in every constitutional-law casebook, and, most important—are you listening, members of the Supreme Court?—requires no further review.

The opinion far exceeds any commentator’s poor power to add or detract, so I’ll mostly let it speak for itself. The bottom line:

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.

I shared this as a gift link (see above), so you should be able to read the whole piece without a subscription.

You can also check out this article at Just Security: How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines.

On the Colorado case, Anne E. Marimow writes at The Washington Post: In Trump’s Colorado case, Supreme Court will make and face history.

The Supreme Court on Thursday will confront the critical question of Donald Trump’s eligibility to return to the White House, hearing arguments in an unprecedented case that gives the justices a central role in charting the course of a presidential election for the first time in nearly a quarter-century.

reading-the-newspapers-LENTULOV, ARISTARKH

Reading the Newspapers, by Aristarkh Lentulov

The justices will decide whetherColorado’s top court was correctto apply a post-Civil War provisionof the Constitution to order Trump off the ballot after concluding his actions around the Jan. 6, 2021, attack on the Capitol amounted to insurrection.Primary voting is already underway in some states. Colorado’s ballots for the March 5 primary were printed last week and include Trump’s name. But his status as a candidate will depend on what the Supreme Court decides.

Unlike Bush v. Gore in 2000, when the court’s decision handed the election to George W. Bush, the case challenging Trump’s qualifications for a second term comes at a time when a large swath of the country views the Supreme Court through a partisan lens and a significant percentagestill believes false claims that the last presidential election was rigged.

The justices — especially their cautious, consensus-building chief, John G. Roberts Jr. — may be reluctant to wade into such a politically fraught dispute, experts say. The court could rule more narrowly, finding, for example, that Colorado was wrong to bar Trump from the ballot because of a technicality.

But election law experts have implored the justices to definitively decide the key question of whether Trump is disqualified under Section 3 of the 14th Amendment, settling the issue nationwide so that other states with similar challenges to Trump’s candidacy follow along.

They warn of political instability not seen since the Civil War if the court was to overturn Colorado’s ruling but leave open the possibility that Congress could try to disqualify Trump later in the process, including after the general election.

“You can see this one coming. There are flashing red lights warning 10 months before the election that chaos this time is not only possible but more than likely given that 2020 broke the norm and dented the guardrails,” said veteran Republican election lawyer Benjamin Ginsberg, who played a central role for Bush in the Florida recount.

Note the other SCOTUS cases coming up:

Trump’s eligibility is not the only question before the court that could affect the former president’s political future. Later this term, the justices are set to review the validity of a law that was used to charge hundreds of people in connection with the Jan. 6 riot and is also a key element of Trump’s four-count federal election obstruction case in Washington. Trump’s claim that he is protected by presidential immunity from being prosecuted for trying to block Joe Biden’s 2020 election victory also appears headed to the high court after the U.S. Court of Appeals for the D.C. Circuit ruled against Trump this week.

In the Colorado case, the justices will have to weigh untested legal issues against the backdrop of broad concerns about democracy. Put simply, should the ramifications of disqualifying the leading Republican candidate in the midst of the primary election outweigh the consequences of allowing a candidate to run again after he tried to subvert the outcome of the last election?

In the civil fraud case in New York, we are awaiting a decision by Judge Arthur Engoron, but there is a problem. The Trump Organization’s former CFO Allan Weisselberg is trying to negotiate a settlement with the Manhattan DA in the election interference case, because he may have committed perjury in that case. Judge Engoron wants to know whether that affects his case.

The New York Times: Judge in Trump’s Civil Fraud Case Asks Whether a Key Witness Lied.

The judge overseeing Donald J. Trump’s civil fraud case has questioned whether a key witness committed perjury during the former president’s trial, a new court filing shows.

The judge, Arthur F. Engoron, asked Mr. Trump’s lawyers to address the truthfulness of the witness, Allen H. Weisselberg, Mr. Trump’s longtime chief financial officer. Mr. Weisselberg and Mr. Trump are both defendants in the case, which was brought by the New York attorney general, Letitia James.

man-reading-newspaper-cliff-wilson

Man Reading Newspaper, by Cliff Wilson

Justice Engoron, who is expected to issue a decision in the nonjury case this month, cited a recent New York Times article about Mr. Weisselberg’s testimony. The article reported that Mr. Weisselberg, 76, is negotiating a potential agreement with the Manhattan district attorney’s office that would require him to plead guilty to perjury for his testimony.

“I of course want to know whether Mr. Weisselberg is now changing his tune, and whether he is admitting he lied under oath in my courtroom at this trial,” Justice Engoron wrote to the lawyers on both sides of the case in a recent email made public on Tuesday.

The complex situation stems from overlapping criminal and civil cases brought by the two New York law enforcement agencies.

The district attorney, Alvin L. Bragg, has jurisdiction over perjury and other crimes committed in Manhattan. In addition to scrutinizing Mr. Weisselberg’s testimony in the civil fraud case, Mr. Bragg is preparing to put Mr. Trump on trial next month for criminal charges stemming from a hush-money payment to a porn star.

In the civil fraud case, the attorney general, Ms. James, accused Mr. Trump, Mr. Weisselberg and others of fraudulently inflating the former president’s net worth and is asking the judge to impose a roughly $370 million penalty. The monthslong trial took place in the fall.

Mr. Weisselberg was one of more than 40 witnesses. While it is unclear which of his statements might have caught the district attorney’s attention, the attorney general’s office stopped questioning him shortly after Forbes magazine published an article in which it accused Mr. Weisselberg of having lied under oath about his involvement in valuing Mr. Trump’s penthouse apartment.

As to how Trump will manage to pay the huge settlement that is very likely coming from Judge Engoron, Jose Pagliery writes at The Daily Beast: Inside Donald Trump’s Incredible Cash Crunch.

Donald Trump is just days away from getting slammed with a court judgment that could be worth hundreds of millions of dollars as a punishment for his decades of bank fraud with the Trump Organization. And two little-known New York laws could leave Trump scrambling for cash: a requirement that he immediately front the money to appeal the decision, and a sky-high state interest rate.

During a deposition with the New York Attorney General in April 2023, Trump boasted that he had $400 million in cash, bragging about how it’s “a lot for a developer.” But even if that were true, it likely won’t be enough to simultaneously cover last month’s $83 million verdict at his rape defamation trial—which he needs to immediately set aside to appeal that case—and the $370 million demanded by the AG for his incessant lying to banks.

arne-kavli-woman-reading-newspaper

Woman Reading Newspaper, by Arne Kavli

While the judge deciding the bank fraud case hasn’t come up with a final figure that Trump owes, every indication is that it will be into the hundreds of millions. A message from the judge on Tuesday actually suggested it could be even more than what the New York AG is seeking.

Trump’s sudden cash demands are exacerbated by a quirk in New York law. Not only would the judgment get automatically inflated by an unusually high interest rate of 9 percent, but Trump would need to give the court the enlarged total—plus an extra 10 to 20 percent—in order to appeal and have another day in court. And it would all be due by mid-March.

The self-proclaimed billionaire real estate tycoon is about to be caught in a trap of his own making, forced to front a massive amount of cash and possibly liquidate assets—while potentially unable to access the money, because the court order could limit his ability to tap his Monopoly board of properties.

Meanwhile, Trump also faces mounting difficulty in finding surety companies and banks to guide him through the appeal, because his credibility is the very focal point of the case in question. (Trump also has a long history of stiffing banks and creditors.)

One more interesting read (h/t JJ) by Ankush Khardori at New York Magazine: What Happens, Exactly, If Trump Is Sentenced to Prison? New York Mag. usually allows only one free article, so clear your cashe before you head over there.

On the embarrassing day for House Republicans:

David Kurtz at Talking Points Memo: Republicans Are Flailing Like Never Before And It’s Amazing To Behold.

The House GOP under Speaker Mike Johnson is flopping around like a fish in the bottom of the boat.

In a nearly unprecedented failure, Johnson brought articles of impeachment to the House floor and lost. He lost! He didn’t have the votes! He couldn’t do the math!

It was a spectacular and unexpected failure. The impeachment was bogus to begin with. Homeland Security Secretary Alejandro Mayorkas had not committed any high crimes or misdemeanors and hadn’t even been accused of doing so. This was purely a political impeachment, designed to front the border issue for the House GOP and Donald Trump in an election year. So even on its own terms as a political hatchet job, Johnson was unable to get the job done.

House Republicans insist they can bring the impeachment back to the floor later and win because Rep. Steve Scalise (R-LA) would have been the deciding vote last night but was absent for treatment for cancer. We shall see.

As a fitting coda to the day, Johnson brought up an Israel funding bill right after the impeachment vote, and it failed, too.

Stephen Collinson: How a botched impeachment laid bare a GOP House that cannot function.

Once Mike Johnson’s speakership was merely implausible. Now it looks incompetent.

The rookie Republican leader – already struggling to wield a tiny, extreme and malfunctioning majority – suffered a spectacular embarrassment on Tuesday night in a failed vote to impeach Homeland Security Secretary Alejandro Mayorkas.

The drama undermined what was already a questionable case for impeachment – more over policy disagreements than the constitutional standard of treason, bribery or high crimes and misdemeanors.

And it told a story of a House in utter disarray.

Joe Reading Newspaper, by David Tanner

Joe Reading Newspaper, by David Tanner

Setting up a high-stakes, televised tour de force for the impeachment of a Cabinet official for only the second time in history was a daring act. But failing to actually pull it off by a couple of votes broke the cardinal rule of not putting a bill on the floor until the numbers are rock solid.

The result was a debacle that made the House leadership a laughing stock.

The failure played into the hands of a White House that delights in portraying Johnson’s majority as an engine for Donald Trump’s political stunts more than a serious governing force. And it raised serious doubts over the GOP’s capacity to pull off another politized maneuver designed to please the former president – an impeachment of President Joe Biden.

The malpractice of Johnson’s impeachment team was encapsulated by Democrats outmaneuvering them to bring a shoeless Rep. Al Green, who was recovering from surgery, to the chamber in a wheelchair to cast a dramatic vote.

Moments after the Mayorkas impeachment failed, Johnson was also unable to pass a standalone bill containing billions of dollars in aid for Israel. It was another busted gambit to jam the Biden administration. The president had threatened to veto the bill in protest of Johnson’s refusal to hold votes on a broader package that also included aid to Ukraine and Taiwan. The speaker said Biden and Democrats should be “ashamed” of failing to support an ally embroiled in a war. But the double failure on the House floor did more to highlight his own deficiencies than discomfort Biden.

On the Senate mess:

Kayla Guo at The Washington Post: As G.O.P. Demolishes Border Deal, One of Its Own Stands in the Wreckage.

It was late on a Thursday afternoon in the marbled halls of the Senate, and a small group of negotiators — one Republican, one Democrat and one independent — had just about finished a painstakingly put together border security compromise it took them months to forge.

But what should have been a triumphant moment felt more like an ordeal for the lone Republican in the trio.

“I feel like the guy standing in the middle of the field in a thunderstorm, holding up the metal stick,” Senator James Lankford, the Oklahoma Republican who was his party’s lead broker of the deal, told reporters last week.

The plight of Mr. Lankford, a slim, understated Baptist minister with a neatly combed shock of red hair and a baritone voice that regularly delivers deadpan quips, reflects the extraordinary rise and fall of the border and Ukraine deal that is expected to collapse in a test vote in the Senate on Wednesday — and the political forces within the Republican Party that brought it down.

For months, Mr. Lankford, a staunch conservative, labored over the package alongside Senators Christopher S. Murphy, Democrat of Connecticut, and Kyrsten Sinema, an Arizona independent, demanding strict immigration policies his party insisted must be a part of any bill to send a fresh infusion of aid to Ukraine. But when Mr. Lankford managed to extract them, he found his fellow Republicans unwilling to embrace the plan, in a vivid illustration of how the political ground for any compromise on immigration has vanished for a party that has decided the issue is too valuable as a political weapon to resolve….

Just as Mr. Lankford and his fellow negotiators neared a deal, former President Donald J. Trump stepped in, trashing the bill both before and after it was released on Sunday and opening the floodgates of Republican resistance. That left Mr. Lankford fighting to keep the deal alive while being attacked by members of his own party, including in his home state, where the Republican Party tried to censure him late last month for “playing fast and loose with Democrats on our border policy.” (The resolution was later rescinded.)

Mr. Lankford said he was only the latest in a long line of lawmakers who had been burned by failed efforts to push through a bipartisan immigration deal.

Read all the details at the WaPo.

That’s it for me today. What’s do you think about all this? What else is on your mind?


Lazy Caturday Reads

Happy Caturday!!

NOTE: The artwork in today’s post is from the Los Angeles Cat Art Show.

AMANDA-by-Mark-Ryden

Amanda, by Mark Ryden

Yesterday Dakinikat wrote about Texas Governor Greg Abbott’s refusal to accept the decision of the right wing, corrupt Supreme Court that Federal law supersedes Texas state law; and therefore, Biden can order the removal of Abbott’s lethal razer wire from the Texas border with Mexico.

Unfortunately, other Republican Governors have come forward to back Abbott, and Donald Trump is urging these governors to send National Guard troops to support Abbott’s illegal activities. This is dangerously close to threatening civil war.

Vice News: Trump Calls on ‘All Willing States’ to Send National Guard Soldiers to Texas.

Like pouring water on a grease fire, former President Donald Trump has weighed in on the escalating standoff between the federal government and Texas.

In a multi-part social media post shared Thursday night, Trump called on “all willing states” to deploy their national guard forces to Texas “to prevent the entry of illegals, and to remove them back across the Border.”

Texas Gov. Greg Abbott told Tucker Carlson on Friday, that so far, ten governors had sent National Guard or other law enforcement resources to assist on the border, and will be “disappointed” if others do not follow suit.

Oklahoma Gov. Kevin Stitt told Fox News on Friday that he also “absolutely” plans to send national guard soldiers to Texas. ““We’ve already started putting the numbers together,” said Stitt.

(Less than 24 hours earlier, Stitt joined Newsmax host Carl Higbie for a casual chat about potential “force-on-force conflict” breaking out at the border.)

Stitt is one of 25 red state governors who have released statements expressing support for Abbott, who is continuing to defy the Supreme Court’s ruling earlier this week that found that the federal government, not states, have ultimate jurisdiction over border enforcement

The background:

The Court’s 5-4 ruling gave a green light to Border Control to cut down the miles of razor wire that Texas forces had erected without federal permission along the Rio Grande and around Shelby Park in Eagle Pass, which is an epicenter for unauthorized border crossings.

Yawning-Toothy-Silhouette_Brandon-Boyd

Yawning Toothy Silhouette, by Brandon Boyd

Two weeks ago, the Texas National Guard seized control of Shelby Park, blocking Border Control’s access to the area and effectively preventing them from conducting rescue missions. Rio Grande. Days later, a migrant woman and two children drowned, which the Biden Administration blamed Texas for. 

Abbott has doubled down on border enforcement activity since the Supreme Court ruling. He published a strongly-worded letter on Wednesday that accused the Biden Administration of abdicating its constitutional responsibility to protect states from “invasion.” “The federal government has broken the compact between the United States and the states,” Abbott asserted.

Abbott cited a dissenting opinion from the 2012 Supreme Court case Arizona v. United States that argued that states have a constitutional authority to protect themselves if the federal government fails to.

Cori Alonso-Yoder, an associate professor from George Washington University Law School’s Fundamentals of Lawyering Program, told VICE News that she believes Abbott’s statement falls “more into the realm of political theater than actual supported legal theory.”

There’s also a bunch of crazy “christians” who say they will march to the border.

Business Insider: A convoy calling themselves ‘God’s army’ plans to head to the Texas border to stop migrants from entering the US.

A convoy of hundreds of people plans to head to the Texas border to stop migrants crossing into the country from Mexico.

The group, called “Take Our Border Back,” is organizing on Telegram and now has more than 1,600 followers.

One of the group’s organizers described them as “God’s army” in a planning call, according to Vice.

“This is a biblical, monumental moment that’s been put together by God,” one organizer said, per Vice.

Another said: “We are besieged on all sides by dark forces of evil.”

“Blessed are the peacemakers, for they shall be called the sons of God. It is time for the remnant to rise,” they said.

Pete Chambers, a lieutenant colonel organizing the group, has claimed he was a Green Beret. He explained the group’s plans while speaking to conspiracist Alex Jones on his Infowars show on Thursday.

“That’s what Green Berets do. Unconventional warfare is our bread and butter. Now we’re doing domestic internal defense,” Chambers said.

More at the Insider link.

The Senate is now working on a new border bill, and President Biden has endorsed it. It’s not yet clear what House Republicans will do, but Speaker Johnson has said the bill is dead on arrival.

Politico: Biden says he’ll shut down the border if deal gives him authority.

President Joe Biden on Friday urged Congress to pass a bipartisan bill to address the immigration crisis at the nation’s southern border, saying he would shut down the border the day the bill became law.

Katsunori Miyagi, Gravity Cat

Katsunori Miyagi, Gravity Cat

“What’s been negotiated would — if passed into law — be the toughest and fairest set of reforms to secure the border we’ve ever had in our country,” Biden said in a statement. “It would give me, as President, a new emergency authority to shut down the border when it becomes overwhelmed. And if given that authority, I would use it the day I sign the bill into law.”

Biden’s Friday evening statement resembles a ramping up in rhetoric for the administration, placing the president philosophically in the camp arguing that the border may hit a point where closure is needed. The White House’s decision to have Biden weigh in also speaks to the delicate nature of the dealmaking, and the urgency facing his administration to take action on the border — particularly during an election year, when Republicans have used the issue to rally their base.

The president is also daring Republicans to reject the deal as it faces a make-or-break moment amid GOP fissures.

It comes after a hectic week on the Hill, as Senate negotiators try to salvage monthslong talks to reach a border deal and unlock aid for Ukraine. The White House has continued to engage in talks and has publicly signaled optimism that a deal can be struck, even as some House Republicans say any bill is dead on arrival in the lower chamber. Donald Trump has also tried to scuttle the talks, adding another layer to complicated negotiations.

On the developing deal:

The contours of the deal are still subject to negotiation. But the negotiators have long discussed setting triggers for daily border crossings after which the Biden administration could shut down the border between ports of entry. Under the current proposal, asylum seekers would still be authorized to present claims at authorized ports of entry, although they would face a much higher standard for being granted the opportunity to apply for asylum.

Republicans who support a deal say the authority would both force Biden’s hand and strengthen that of his potential successor.

“This is an opportunity to put laws on the books that someone who is genuinely interested in securing the border will be able to use,” Sen. Thom Tillis (R-N.C.) said as the Senate adjourned Thursday. “President Donald J. Trump in 2017 asked for laws like this. We’re going to deliver it and if he becomes president, he’ll be glad that we did.”

The terms of the deal under discussion, which is largely agreed to but not yet final, would also give DHS expulsion authority if border encounters hit an average of 4,000-a-day over the course of a week, a metric that includes asylum appointments. That authority would become mandatory if daily crossings average more than 5,000 people for a week or crest over 8,500 a day, according to two people briefed on the emerging agreement and who were granted anonymity to discuss the details.

Read more at Politico.

Manu Raju at CNN: Biden endorses emerging deal to give US new power to clamp down on border crossings.

Senate negotiators have agreed to empower the US to significantly restrict illegal migrant crossings at the southern border, according to sources familiar with the matter, a move aimed at ending the migrant surge that has overrun federal authorities over the past several months.

President Joe Biden has vowed to use the authority offered by the deal, embracing measures that are far more draconian than he’s previously considered in an area many voters perceive him as weaker than former President Donald Trump.

Kitty-Bread-Time_Travis-Lampe

Kitty Bread Time, by Travis Lampe

The Senate deal, which is expected to be unveiled as soon as next week, would also speed up the asylum process to consider cases within six months – compared with the current system, under which it could take up to 10 years for asylum seekers.

The details provide a new window into high-profile negotiations that have been going on for months – as Senate leaders hold out hope they can attach the deal to aid to Ukraine, Israel and Taiwan as domestic and international crises loom. The plan would also put pressure on Republicans to decide whether to greenlight these new authorities or reject the plan as Trump has urged the GOP to defeat anything short of what he calls a “perfect” bill.

Under the soon-to-be-released package, the Department of Homeland Security would be granted new emergency authority to shut down the border if daily average migrant encounters reach 4,000 over a one-week span. If migrant crossings increase above 5,000 on average per day on a given week, DHS would be required to close the border to migrants crossing illegally not entering at ports of entry. Certain migrants would be allowed to stay if they prove to be fleeing torture or persecution in their countries.

Moreover, if crossings exceed 8,500 in a single day, DHS would be required to close the border to migrants illegally crossing the border. Under the proposal, any migrant who tries to cross the border twice while it is closed would be banned from entering the US for one year.

The goal of the trio of negotiators – GOP Sen. James Lankford of Oklahoma, Independent Sen. Kyrsten Sinema of Arizona and Democratic Sen. Chris Murphy of Connecticut – is to prevent surges that overwhelm federal authorities. The Biden administration and Senate leaders have been heavily involved in the talks, and more details of the deal are expected to be released in the coming days.

Meanwhile, it appears Congress is continuing to block aid to Ukraine.

Pablo Manriquez at The New Republic: Senate Republicans Are on a Major Ukraine Collision Course.

In the Senate battle over Ukraine funding, one surprising issue has emerged that has led to a fascinating intra-Republican dispute—and one of the most aggressively anti-Ukraine Republicans is very vocally leading the “anti” side.

The issue is whether the United States and other Western countries should pay to prop up Ukraine’s entire economy, and specifically its social safety net and old-age pensions, or just replenish its critically diminished supply of munitions in its war with Russia. On December 11, Ukrainian President Volodymyr Zelenskiy traveled to Washington to make his case to Congress for $61 billion in emergency assistance the White House has requested for Ukraine.

Paul Koudounaris, Warhol Cat

Paul Koudounaris, Warhol Cat

“If there’s anyone inspired by unresolved issues on Capitol Hill, it’s just [Russian President Vladimir] Putin and his sick clique,” Zelenskiy said, only to fly home empty-handed because many MAGA Republicans in both chambers of Congress have soured on America’s Ukrainian ally—a position in lockstep with Donald Trump’s longtime geopolitical bromance with Russia’s leader-oligarch, Vladimir Putin.

Walking point in that platoon is Ohio Senator J.D. Vance, once an anti-Trump moderate who was reincarnated on the 2022 campaign trail as an ultra-MAGA scourge of liberals and university professors and elite educational institutions (he has a law degree from Yale). “Even if you support funding for Ukraine for some national defense purpose, which obviously I do not, I think it suggests that they’re effectively becoming a welfare client if we’re funding their pensioners,” said Vance, who is considered a possible vice presidential pick for Trump.

In December, Ukraine’s minister for social policy, Oksana Zholnovych, said that 500,000 civil servants, 1.4 million teachers, and 10 million pensioners could experience payment delays if foreign humanitarian assistance is not approved soon.

Vance and other MAGA senators have since gone out of their way to throw cold water on Biden’s funding package for Ukraine, which has been tied down in the Senate with unrelated immigration policy concessions Senate leaders in both parties have demanded to push a deal through.

Read the rest at TNR.

Anne Appelbaum at The Atlantic: Is Congress Really Going to Abandon Ukraine Now?

As I write this I am in Warsaw, 170 miles from Poland’s border with Ukraine. The front line, where Ukrainians are right now fighting and dying, is another 450 miles beyond that. Not so far, in other words. A long day’s drive. I am well within range of Russian missiles, the kind that have hit Kyiv, Odesa, and Lviv so many times over the past two years.

Tens of millions of other people—Poles, Germans, Romanians, Finns, Estonians, Swedes, Slovaks, Lithuanians, Czechs, Latvians, Norwegians—are also in range of Russian conventional missiles, whether launched from Belarus, Russian-controlled parts of Ukraine, or Russia itself. Anyone in Europe could also be hit by Russian nuclear weapons, of course, as Russian television propagandists so frequently like to remind us. Dmitri Medvedev, a former Russian president, in recent months has threatened Poland with the loss of its statehood, threatened Sweden and Finland with nuclear and hypersonic missiles, and said the Baltic states belong to Russia anyway.

Most of the time, the possibility of Russian aggression doesn’t affect anybody or change anything. No one talks about it. Life goes on as normal. In Finland and Romania, preparations for presidential elections are under way. In Germany, farmers are on strike. Lithuania is holding an international light festival.

The moment the Ukrainians start to lose, all of that will change. For the past few months, Western observers have been tossing around the word stalemate, as if the Russian invasion of Ukraine had settled into some kind of dull, permanent stasis. In fact, the battlefield is dynamic. The front line is constantly changing, and the changes, both material and psychological, are starting to favor Russia. The Ukrainians are just as brave as they were a year ago and just as innovative. Their drones recently hit a Russian gas depot near St. Petersburg, hundreds of miles from Ukraine, among other targets. With no navy of their own, they have pushed much of the Russian Black Sea fleet away from their shores. But on the ground, in the southern and eastern parts of their country, they are rationing ammunition. They’ve never had sufficient missiles and bullets, and now they are at risk of not having enough to keep fighting at all.

Marc Dennis, Night Out

Marc Dennis, Night Out

Were their front line to fall back dramatically, the horrific violence alone would trigger a shock wave through the rest of Europe. Russian occupation of more territory would continue to mean what it has meant for the past two years: torture chambers, random arrests, and thousands of kidnapped children. But an even deeper, broader shock wave would be triggered by the growing realization that the United States is not just an unreliable ally, but an unserious ally. A silly ally. Unlike the European Union, which collectively spends more money on Ukraine than Americans do but can’t yet produce as many weapons, the U.S. still has ammunition and weapons to send. Now Washington is on the verge of refusing to do so, but not because the White House has had a change of heart.

The looming end of American aid to Ukraine is not a policy decision. For two years, the Biden administration successfully led an international coalition to provide not soldiers but rather military aid to Ukraine. Officials convened regular meetings, consulted with allies, pulled in military support from around the world. Majorities in the U.S. continue to support Ukraine. Majorities in both houses of Congress do too. The Senate is said to have its legislation almost ready to go. But now, for reasons that outsiders find impossible to understand, a minority of Republican members of Congress, in a fit of political pique, are preparing to cut it all off. They might succeed.

Read the rest at The Atlantic. If you can’t get past the paywall, Applebaum has posted a gift article on Twitter.

On Thursday night, Alabama executed Kenneth Eugene Smith using nitrogen gas, a method never before used, but approved by the right wing Supreme Court. It did not go well, but Alabama will pretend that it did.

One more story before I call it a day.

Yahoo News: Alabama AG calls first nitrogen gas execution ‘textbook,’ but witnesses say inmate thrashed in final moments.

Alabama Attorney General Steve Marshall on Friday vowed to continue using nitrogen gas in executions and offered to assist other states interested in the novel method, while fending off concerns that an inmate executed the night before did not become unconscious as quickly as expected and thrashed on the gurney, according to witnesses.

“What occurred last night was textbook,” Marshall told reporters after the execution of Kenneth Eugene Smith on Thursday evening by nitrogen hypoxia, in which he was forced to breathe only nitrogen through a mask and was denied oxygen.

The execution, the first in the U.S. using nitrogen gas, lasted roughly 30 minutes from the time it started to Smith’s time of death. Marshall said Friday that nitrogen hypoxia “is no longer an untested method — it is a proven one.”

But the physical reaction of Smith, who was 58 and on death row for over three decades for a 1988 murder-for-hire slaying, was already being highly scrutinized after a 2022 attempt to execute him by lethal injection failed when prison staff could not locate a suitable vein.

Media witnesses to Thursday’s execution said Smith was conscious for several minutes into the execution and then appeared to shake and writhe on the gurney for two minutes. They said that was followed by several minutes of deep breaths until his breathing slowed and it was no longer perceptible….

…one media witness said it appeared to take longer than the state had suggested for Smith to become unconscious and die.

“It’s interesting to see the attorney general say that everything went consistent with plans that they laid out,” Lee Hedgepeth, an Alabama reporter, said on MSNBC.

“We saw him begin violently shaking, thrashing against the straps that held him down,” Hedgepeth said of Smith. “This was the fifth execution that I’ve witnessed in Alabama, and I’ve never seen such a violent execution or a violent reaction to the means of execution.”

He added that Smith had dry-heaved into the mask.

There’s more at the link.

That’s all I have for you today–not a lot of good news, I’m afraid. What stories are you following?