Lazy Caturday Reads

Cinder, an Intersex tortoiseshell kitten

Cinder, previously Cindi

Happy Caturday!!

I read an interesting cat news story yesterday about a “rare” male tortoiseshell kitten. From The Oregonian: ‘Unicorn’ kitten, born intersex, adopted from central Oregon shelter.

Central Oregon veterinarians are excited about a rare tortoiseshell kitten that was brought into a shelter earlier this spring, and adopted into a new family last Friday.

That’s because the kitten, Cinder, was born intersex, with both male and female genitals.

The Central Oregon Humane Society announced the news about about the kitten on Friday, saying it was like “spotting a unicorn.”

“Even though I’ve only been in the veterinary field for nine years, this very well could be a once-in-a-career moment,” Bailey Shelton, clinic manager at the shelter, said in a news release. “They always talked about how rare male tortoiseshells are back in school, but seeing one in person is something else.”

Due to a stroke of genetics, tortoiseshell colored cats, known for their swirling coats of black and orange, are almost always female. And while Cinder does have some female genitals, including what appears to be a vulva, the shelter said, it does not have a uterus or ovaries, born instead with a pair of testicles (which have since been removed).

CinderCrystal Bloodworth, medical director for the shelter, said now that Cinder has been neutered, it will grow up appearing to be female. However, given its anatomy at birth, the shelter has opted to label the kitten as male.

“To call it a male is tough, but with the binary nature of animals and people’s perception of animals, we chose male,” Bloodworth said.

While rare, incidents of hermaphroditism in cats is not unheard of, the shelter said. Like humans, intersex cats can be born with many variations of both male and female genitalia. This cat likely has three chromosomes, XXY, with two Xs that allow for the tortoiseshell coloring and a Y that allows for the testicles.

Cinder was brought into the central Oregon shelter in April, part of a litter relinquished by a local cat owner. The kitten, presumed to be female, was taken into a foster home and named Cindi. Veterinarians discovered the male genitals during a routine spay surgery, after which the cat was renamed Cinder.

More cute photos at the link.

Here are some of the stories topping the news today.

As I’m sure you know, yesterday the corrupt Supreme Court struck down the Trump era ban on bump stocks, thus making it easier for angry men with guns to murder huge numbers of people quickly. NBC News: Supreme Court rules ban on gun bump stocks is unlawful.

In a 6-3 ruling on ideological lines, with the court’s conservatives in the majority, the court held that an almost 100-year-old law aimed at banning machine guns cannot legitimately be interpreted to include bump stocks.

The Trump administration imposed the prohibition after the Las Vegas mass shooting in 2017, in which Stephen Paddock used bump stock-equipped firearms to open fire on a country music festival, initially killing 58 people. Then-President Donald Trump personally called for the accessory to be banned.

Writing for the majority, Justice Clarence Thomas said that a firearm equipped with the accessory does not meet the definition of “machinegun” under federal law.

The ruling prompted a vigorous dissent from liberal Justice Sonia Sotomayor.

“When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck,” she wrote in reference to bump stocks enabling semiautomatic rifles to operate like machine guns. Sotomayor also took the rare step of reading a summary of her dissent in court.

Even with the federal ban out of the picture, bump stocks will still not be readily available nationwide. More than a dozen states have already banned them, according to Everytown for Gun Safety, a nonprofit gun-control group. Congress could also act.

A response to the decision from Mark Joseph Stern at Slate: Clarence Thomas’ Opinion Legalizing Bump Stocks Is Indefensible.

The Supreme Court’s conservative supermajority carved a huge loophole into the federal prohibition against machine guns on Friday, striking down a bump stock ban first enacted in 2018 by the Trump administration. Its 6–3 decision allows civilians to convert AR-15–style rifles into automatic weapons that can fire at a rate of 400–800 rounds per minute. One might hope a ruling that stands to inflict so much carnage would, at least, be indisputably compelled by law. It is not. Far from it: To reach this result, Justice Clarence Thomas’ opinion for the court tortures statutory text beyond all recognition, defying Congress’ clear and (until now) well-established commands. As Justice Sonia Sotomayor explained in dissent, the supermajority flouts the “ordinary meaning” of the law, adopting an “artificially narrow” interpretation that will have “deadly consequences.” This Supreme Court will be squarely at fault for the next mass shooting enabled by a legal bump stock.

A Boy with a Cat, by Pierre Auguste Renoir

A Boy with a Cat, by Pierre Auguste Renoir

Friday’s decision, Garland v. Cargill, is not a Second Amendment case. The plaintiffs do not (yet) argue that the Constitution guarantees a right to own bump stocks. Rather, they claim that the Trump administration stretched existing law too far when it outlawed bump stocks following the 2017 Las Vegas shooting. The gunman committed that massacre with the assistance of a bump stock, allowing him to murder 60 people in 10 minutes from 490 yards away, the deadliest single-gunman mass shooting in U.S. history. To use this device, a gunman attaches it to his AR-15, then holds his finger on the trigger and leans forward to maintain pressure on the bump stock. A semiautomatic requires the shooter to pull the trigger to fire each round. When done correctly, by contrast, “bump firing” can then unleash a spray of bullets without repeated pulls of the trigger, and at the rate of an automatic weapon. This barrage is audible in many videos of the Las Vegas shooting; victims were mowed down in rapid succession because the bump stock enabled nonstop fire.

For years, the Bureau of Alcohol, Tobacco, Firearms, and Explosives had been monitoring these devices; the agency found some unlawful, depending on their precise mechanisms, but did not take a formal position overall. The Las Vegas shooting prompted ATF to conclude that bump stocks transform semiautomatic rifles into machine guns, rendering them illegal under a long-standing federal statute. That’s because this law bans “any part designed and intended solely and exclusively” for “converting a weapon into a machinegun.” And a “machinegun” is defined as any firearm that fires “automatically” by “a single function of the trigger.” After extensive deliberation, ATF found that bump stock–equipped rifles do exactly that.

Now the Supreme Court has decided that it understands firearms better than the ATF. Thomas’ majority opinion reads like the fevered work of a gun fetishist, complete with diagrams and even a GIF. The justice, who worships at the altar of the firearm, plainly relished the opportunity to depict the inner workings of these cherished tools of slaughter. (It’s no surprise that he borrowed the images from the avidly pro-gun Firearms Policy Foundation.) To reach his preferred result, Thomas falsely accused ATF of taking the “position” that bump stocks were legal, then “abruptly” reversing course after the Las Vegas shooting. This account is dead wrong: ATF took a careful, case-by-case view of different bump stock–like devices as gunmakers developed them, deeming some permissible and others unlawful. The gun industry pushed these devices into the mainstream by deceiving ATF about their purpose; in one case, for instance, a manufacturer won approval from the agency by claiming a bump stock was designed to accommodate people with limited hand strength—then turned around and marketed it as the next best thing to a machine gun.

Read the rest at Slate.

The Supreme Court still has a large number of cases to decide before they wrap up this session. One of those decisions will be on Trump’s claim of absolute immunity from anything he did as “president.” Adam Liptak at The New York Times: Supreme Court’s Leisurely Pace Will Produce Pileup of Late June Rulings.

The Supreme Court has been moving at a sluggish pace in issuing decisions this term, entering the second half of June with more than 20 left to go. That is not terribly different from the last two terms, when the pace at which the court issued decisions started to slow….

There are two main theories for why the court has started moving slowly, and they reinforce each other. The first is that the proportion of blockbusters is high, in this term in particular. In the coming weeks, the justices will weigh in on criminal charges against former President Donald J. Trumpabortiongunssocial mediahomelessnessthe opioid crisis and the power of executive agencies.

Morning Kiss, by Raphael Vavasseur

Morning Kiss, by Raphael Vavasseur

Of the 23 remaining cases, perhaps a dozen of them have the potential to reshape significant parts of American society.

The second theory is that the justices are not getting along very well in the aftermath of the leak of the decision overturning Roe v. Wade in 2022, the decision itself, the drumbeat of ethics scandals, the announcement of an ethics code that seems toothless and the drop in public respect for the court.

The justices themselves, whose party line has long been that they are a collegial bunch, have let slip a darker view in public appearances.

Soon after the leak, Justice Clarence Thomas said it was “like kind of an infidelity.”

“Look where we are, where that trust or that belief is gone forever,” he said. “And when you lose that trust, especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”

In her own remarks last month, Justice Sonia Sotomayor said the court’s direction has reduced her to tears.

“There are days that I’ve come to my office after an announcement of a case and closed my door and cried,” she said. “There have been those days. And there are likely to be more.”

On Friday, Justice Sotomayor announced a dissent in a case on a firearms law from the bench, a rare move that signals profound disagreement.

The court has said that it will not issue more decisions until Thursday. It will doubtless add days for decision announcements the last week of June, the court’s self-imposed deadline for finishing its work before the justices’ summer break. But it will be a challenge to issue all of the remaining decisions by then.

Maybe Thomas and Alito are getting too old to keep up? That’s another important reason why Biden just has to win in November. If Trump is elected, those two will step down and be replaced by even worse people, if that is possible.

Speaking of old people, Donald Trump turned 78 yesterday. Yes, President Biden is a few years older, but he kept up an amazing pace during his two recent trips to Europe. In fact, the Biden-Harris campaign Twitter account noted that in a speech in Palm Beach yesterday, “Trump attack[ed] President Biden for being too energetic: He flies back and forth and back and forth between countries.” Meanwhile, Trump has been playing golf more than campaigning.

Meanwhile, Trump met with a group of CEO’s on Thursday, and it did not go well for him. Christina Wilke and Brian Schwartz at CNBC: 

Former President Donald Trump failed to impress everyone in a room full of top CEOs Thursday at the Business Roundtable’s quarterly meeting, multiple attendees told CNBC.

“Trump doesn’t know what he’s talking about,” said one CEO who was in the room, according to a person who heard the executive speaking. The CEO also said Trump did not explain how he planned to accomplish any of his policy proposals, that person said.

Emile Vernon,

A girl with her cat, by Emile Vernon

Several CEOs “said that [Trump] was remarkably meandering, could not keep a straight thought [and] was all over the map,” CNBC’s Andrew Ross Sorkin reported Friday on CNBC’s “Squawk Box.”

Among the topics on which Trump offered scant details were how he would reduce taxes and cut back on business regulations, according to two other people in the room who spoke to CNBC….

The same CEOs who were struck by Trump’s lack of focus “walked into the meeting being Trump supporter-ish or thinking that they might be leaning that direction,” Sorkin reported.

“These were people who I think might have been actually predisposed to [Trump but] actually walked out of the room less predisposed” to him, Sorkin said….

Trump’s energy in the meeting was also noticeably subdued, according to two people who were in the room. At no time during his remarks was there any noticeable applause for Trump, two attendees told CNBC.

It’s difficult to understand why anyone is surprised by Trump’s idiocy at this point. I guess they must only watch Fox News and read the Wall Street Journal.

This week, the New York Post doctored a video to make President Biden look spaced out like Trump often is. William Vaillancourt at The Daily Beast: White House Rips ‘Desperate’ Murdoch Press Over Deceptive Biden Video.

A member of the White House communications team went after The New York Post on Thursday after it posted on social media a deceptively edited video of President Joe Biden at the G7 economic summit in Italy.

White House Senior Deputy Press Secretary Andrew Bates responded to a post by the publication on X that had the caption, “President Biden appeared to wander off at the G7 summit in Italy, with officials needing to pull him back to focus.”

“The Murdoch outlets are so desperate to distract from @POTUS’s record that they just lie,” Bates wrote….

The fake video showed Biden walking away from the other people to talk to some skydivers who had just landed nearby. The Post cut out the skydivers and show Biden appear to be walking away for no reason.

“Here, they use an artificially narrow frame to hide from viewers that he just saw a skydiving demonstration,” Bates continued. “He’s saying congratulations to one of the divers and giving a thumbs up.”

Bates included a wider version of the same clip which shows Biden walking over toward one of the skydivers, who could not be seen in the Post’s video.

The Post isn’t the only Murdoch-owned paper that the White House’s press team has criticized lately. In taking issue with a report in The Wall Street Journal claiming that Biden’s mental acuity was “slipping,” Bates called attention to how some Democrats in Congress said their quotes to the contrary were cut from the article.

Pierre Bonnard

A girl with a cat, by Pierre Bonnard

Disinformation is very serious problem in the presidential campaign, particularly because of Trump’s stochastic terrorism and his followers’ responses. Check out this story by Joseph Menn at The Washington Post: Stanford’s top disinformation research group collapses under pressure.

The Stanford Internet Observatory, which published some of the most influential analysis of the spread of false information on social media during elections, has shed most of its staff and may shut down amid political and legal attacks that have cast a pall on efforts to study online misinformation.

Just three staffers remain at the Observatory, and they will either leave or find roles at Stanford’s Cyber Policy Center, which is absorbing what remains of the program, according to eight people familiar with the developments, some of whom spoke on the condition of anonymity to discuss internal matters.

The Election Integrity Partnership, a prominent consortium run by the Observatory and a University of Washington team to identify viral falsehoods about election procedures and outcomes in real time, has updated its webpage to say its work has concluded.

Two ongoing lawsuits and two congressional inquiries into the Observatory have cost Stanford millions of dollars in legal fees, one of the people told The Washington Post. Students and scholars affiliated with the program say they have been worn down by online attacks and harassment amid the heated political climate for misinformation research, as legislators threaten to cut federal funding to universities studying propaganda.

Alex Stamos, the former Facebook chief security officer who founded the Observatory five years ago, moved into an advisory role in November. Observatory research manager Renée DiResta’s contract was not renewed in recent weeks.

The collapse of the Observatory is the latest and largest in a series of setbacks for the community of researchers who try to detect propaganda and explain how false narratives are manufactured, gather momentum and become accepted by various groups. It follows Harvard’s dismissal of misinformation expert Joan Donovan, who in a December whistleblower complaint alleged that the university’s close and lucrative ties with Facebook parent Meta led the university to clamp down on her work, which was highly critical of the social media giant’s practices.

“The Stanford Internet Observatory has played a critical role in understanding a range of digital harms,” said Kate Starbird, who led the University of Washington’s work on the Election Integrity Partnership and continues to publish on election misinformation.

Starbird said that while most academic studies of online manipulation look backward from much later, the Observatory’s “rapid analysis” helped people around the world understand what they were seeing on platforms as it happened.

Brown University professor Claire Wardle said the Observatory had created innovative methodology and trained the next generation of experts.

“Closing down a lab like this would always be a huge loss, but doing so now, during a year of global elections, makes absolutely no sense,” said Wardle, who previously led research at the anti-misinformation nonprofit First Draft. “We need universities to use their resources and standing in the community to stand up to criticism and headlines.”

One more story, before I wrap this post up. Anthony Fauci has a tell-all book coming out, and Martin Pengally writes about it at The Daily Beast: Anthony Fauci: Volcanic Donald Trump Screamed F-Bombs, Then Said He Loved Me.

Donald Trump shouted foul-mouthed abuse at Anthony Fauci, then lurched into telling him he loved him—and claimed he would win the 2020 election in a “fucking landslide,” the top medical adviser reveals in his new memoir.

In the eagerly awaited book, Fauci describes conversations with Trump during the COVID-19 pandemic in which the then-president would “announce that he loved me and then scream at me on the phone.”

Edouard Vuillard

By Edouard Vuillard

“Let’s just say, I found this to be out of the ordinary,” Fauci writes, of conversations peppered with f-bombs, including the claim Fauci had cost the U.S. economy “one trillion fucking dollars.”

The book, On Call: A Doctor’s Journey in Public Service, will be published in the U.S. next week—as Trump and President Joe Biden’s rematch gathers pace. The Daily Beast obtained a copy.

On the page, Fauci describes interactions with Trump as the administration wrestled with the president’s opposition to public health measures including masking; Trump’s desire to reopen the country; his indulgence of advisers with dubious qualifications pushing untested treatments; his bizarre suggestion that bleach might kill the virus; and, ultimately, his own hospitalization with COVID….

In 2020, within weeks of the first COVID cases, Fauci became a Republican punching bag. Enemies saw him as an avatar of the medical establishment when he relentlessly urged COVID precautions, starting with social distancing, moving to lockdowns, then masking and vaccines.

He told Congress this month that he, his wife, and his adult daughter were the subjects of death threats. During the pandemic he received a full-scale security detail.

In his book, Fauci reports his last conversation with Trump, in which Trump said he would win re-election “by a fucking landslide” against Biden, whom he deemed “fucking stupid.”

Those are my offerings for today. I hope you find something of interest to you here.


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?