August 19, 2022

Patricia Mazzei & Alan Feuer of the New York Times: "A federal judge ordered the government on Thursday to propose redactions to the highly sensitive affidavit that was used to justify a search warrant executed by the F.B.I. last week at ... Donald J. Trump's private home and club, saying he was inclined to unseal parts of it. Ruling from the bench, the judge, Bruce E. Reinhart, said it was 'very important' that the public have as 'much information' as it can about the historic search at Mar-a-Lago, Mr. Trump's Florida residence, noting that there were portions of the affidavit that 'could be presumptively unsealed.'... Judge Reinhart's decision appeared to strike a middle course between the Justice Department, which had wanted to keep the affidavit entirely under wraps as its investigation into Mr. Trump's handling of classified documents continued, and a group of news organizations, which requested that it be released in full to the public....

"... Although Mr. Trump himself has called on social media for the affidavit to be released -- echoing similar demands made by congressional allies like Senator Lindsey Graham, Republican of South Carolina -- his lawyers were conspicuously absent from the legal proceeding surrounding the unsealing process. At any time, Mr. Trump could have filed papers asking Judge Reinhart to make the affidavit public, but he chose not to." (Also linked yesterday afternoon.) A Guardian story is here.

~~~ Jamie Gangel, et al., of CNN: "In the days since the FBI seized classified and top secret documents from Donald Trump's Mar-a-Lago resort, the former President and his allies have claimed that Trump had a 'standing order' to declassify documents he took from the Oval Office to the White House residence. But 18 former top Trump administration officials tell CNN they never heard any such order issued during their time working for Trump, and that they believe the claim to be patently false.... 'Nothing approaching an order that foolish was ever given,' said John Kelly, who served as Trump's chief of staff for 17 months from 2017 to 2019.... Mick Mulvaney, who succeeded Kelly as acting White House chief of staff, also dismissed the idea and told CNN he was 'not aware of a general standing order' during his tenure." ~~~

     ~~~ Matthew Chapman of the Raw Story: "On Thursday, Rolling Stone reported that FBI investigators are now questioning former Trump administration officials to check on the former president's alibi that he issued a 'standing order' to declassify the government material found at his Mar-a-Lago country club in Palm Beach, Florida -- and that among those interrogated were top national security staff.... Prior reports have indicated that among the documents the FBI searched for as part of the Mar-a-Lago warrant were high-level nuclear weapons secrets -- which, according to legal experts, the president doesn't actually have unilateral authority to declassify even if he wants to." The Rolling Stone story, which is firewalled, is here.

Jonah Bromwich, et al., of the New York Times: "One of Donald J. Trump’s most trusted executives pleaded guilty on Thursday to conspiring with Mr. Trump's company to carry out a long-running tax scheme, an admission that painted a damning picture of the former president's family business but did not advance a broader investigation into the man himself. As part of the plea deal with the Manhattan district attorney's office, the executive, Allen H. Weisselberg, is required to testify at the company's trial if prosecutors choose to call on him, and to admit his role in conspiring with Mr. Trump's company to carry out the tax scheme." (Also linked yesterday.)

Senate races are just different, they're statewide, candidate quality has a lot to do with the outcome. -- Sen. Mitch McConnell, on why the GOP may do poorly in the November election ~~~

~~~ Senate Races 2022. Mitch Knocks GOP Senate Candidates. Amy Wang & Mariana Alfaro of the Washington Post: "Senate Minority Leader Mitch McConnell (R-Ky.) is warning that the GOP may not win back control of the Senate in November's midterm elections -- a cycle that typically would be favorable to the party not in power -- as a political action committee linked to McConnell stages a rescue effort in the Ohio Senate race. Asked Wednesday by reporters in Kentucky about his midterm predictions, McConnell said there's 'probably a greater likelihood the House flips than the Senate.'" The NBC News story is here. MB: This is a swipe at Trump, too: it is Trump-endorsed candidates in states like Georgia, Pennsylvania & Ohio that the quality of the GOP candidates sucks.

Beyond the Beltway

Florida. Tim Craig of the Washington Post: "A federal judge on Thursday blocked Florida from enforcing a new state law that limits how private companies teach diversity and inclusion in the workplace, saying the measure violates the U.S. Constitution's First Amendment right to freedom of speech and expression. In a ruling that took aim at one of Gov. Ron DeSantis's top priorities, U.S. District Court Judge Mark E. Walker said Florida has turned 'the First Amendment upside down' by trying to regulate how employers train employees on topics such as racial inclusion and gender equity.... The 'Stop Woke Act' ... prohibits trainings in public schools, colleges and universities, and workplaces that may cause someone to feel guilty or ashamed about the past collective actions of their race or sex.'... The injunction ... only blocks the enforcement of provisions of the law that deal with trainings offered by private employers."

Florida. Anthony Izaguirre of the AP: "Florida Gov. Ron DeSantis on Thursday announced criminal charges against 20 people for illegally voting in 2020, the first major public move from the Republican's controversial new election police unit. The charges mark the opening salvo from the Office of Election Crimes and Security, which from its conception drew widespread criticism from Democrats and voting rights groups who feared the unit would serve as a political tool for the governor. DeSantis said the people charged were convicted of murder or a felony sexual offense and therefore exemptfrom a constitutional amendment that restores voting rights to some felons. He said most of those charged were from Broward, Miami-Dade or Palm Beach counties, all Democratic strongholds. He released few details." The 20 people were among more than 11 million Florida voters who cast ballots in the 2020 election.

Maryland Gubernatorial Race. Ovetta Wiggins & Erin Cox of the Washington Post: "Republican Gov. Larry Hogan has ratcheted up the rhetoric about GOP gubernatorial candidate Dan Cox, describing him earlier this week as mentally unstable. Hogan, who has previously called Cox a 'QAnon whack job,' described the GOP nominee as 'a nut' during a recent radio interview and reiterated his prediction that Cox has 'no chance whatsoever' of being elected as Maryland's governor in November. 'He's not, in my opinion, mentally stable,' Hogan, who is term-limited, said Wednesday on WGMD radio, based on the Eastern Shore. 'He wanted to hang my friend, Mike Pence, and took three busloads of people to the Capitol.'"

Pennsylvania Senate Race. Kim Bellware of the Washington Post: "In Pennsylvania's contentious Senate race, Democratic nominee Lt. Gov. John Fetterman is hitting his Republican rival, Mehmet Oz, where he lives. Fetterman took aim Wednesday at the number of houses Oz owns.... 'I've never spoken to a PA resident who doesn't know how many houses they have ... let alone be off by 8,' Fetterman quipped on Twitter after a Tuesday report by the Daily Beast that Oz owns 10 properties -- far more than the two 'legitimate' houses he claimed in an exchange with a Democratic operative during a recent public event. Oz defended himself by saying he purchased his houses with his own money -- a swipe at Fetterman, who relied on significant financial assistance from his family until becoming lieutenant governor in 2019.... The social media spat comes as new prognostications show that the tight race is drifting in Fetterman's favor[.]" ~~~

     ~~~ Marie: It isn't as if Fetterman wasn't working; rather, he worked at extremely low-paying, public-service jobs: at AmeriCorps & as a $150/month small-town mayor.

West Virginia/Massachusetts. Eliza Fawcett of the Washington Post: "Three men were indicted in the death of the notorious gangster James (Whitey) Bulger, who was beaten to death four years ago in a West Virginia federal prison where he was serving a sentence for crimes that terrorized Boston in the 1970s and '80s, prosecutors said on Thursday. Fotios Geas, Paul J. DeCologero and Sean McKinnon were charged with conspiracy to commit first-degree murder by the U.S. Attorney's Office for the Northern District of West Virginia. All three men were incarcerated with Mr. Bulger in the Hazelton prison in Bruceton Mills, W.Va., where Mr. Bulger, 89, had been serving two life terms for his role in 11 murders committed when he controlled Boston's underworld for several decades.&" A Guardian report is here.

Wyoming. They Lie Even When They Win. Olivia Beavers of Politico: "After Donald Trump-backed Harriet Hageman claimed Wednesday night that Rep. Liz Cheney never fully conceded their Wyoming GOP primary race, the defeated incumbent released her receipts. Hageman told Fox News that Cheney had 'left a very brief two-second message on my cell phone' Tuesday night, without addressing 'any kind of concession or anything else.' According to audio provided by the Cheney campaign to Politico, however, Cheney called Hageman to concede the race at 8:13 p.m. on Tuesday night. Audible in the recording is an aide notifying Cheney that the Associated Press had just called the race for her opponent. 'Hi, Harriet, it is Liz Cheney calling,' Cheney is heard saying in the audio. 'It is about 8:13 on Tuesday the 16th, I'm calling to concede the election and congratulate you on the win. Thanks.' The recording contradicts the narrative Hageman offered host Sean Hannity on Wednesday about Cheney's call on primary night.... Cheney added that she never heard back from Hageman." (Also linked yesterday afternoon.)

Way Beyond

Ukraine, et al.

The New York Times' live updates of developments Friday in Russia's war on Ukraine are here. The Guardian's live updates for Friday are here. ~~~

     ~~~ The Washington Post's live updates for Friday are here: "Both Russia and Ukraine are warning of a possible attack on the Zaporizhzhia nuclear power plant, currently under Russian control, in southeastern Ukraine. Plant employees have been ordered to stay home, and Russia could be preparing to disconnect the plant from Ukraine's electricity grid. The United Nations has expressed alarm, warning that any damage to the plant would be 'suicide.' Here's the latest on the war and its ripple effects across the globe."

Liz Sly of the Washington Post: "Until this week, Ukrainians seemed to see President Volodymyr Zelensky as beyond reproach.... Comments he made to The Washington Post justifying his failure to share with Ukrainians details of repeated U.S. warnings that Russia planned to invade have punctured the bubble, triggering a cascade of public criticism unprecedented since the war began. Ordinary people tweeted their experiences of chaos and dislocation after an invasion for which they were unprepared, and described how they might have made different choices had they known what was coming. Public figures and academics wrote harsh critiques on Facebook of his decision to downplay the risk of an invasion, saying he bears at least some responsibility for the atrocities that followed. In the interview with The Post, published Tuesday, Zelensky cited his fears that Ukrainians would panic, flee the country and trigger economic collapse as the reason he chose not to share the stark warnings passed on by U.S. officials regarding Russia's plans."

Comments

[Akhilleus]

Those 18 people questioned about Trump’s declassificationism were just not in the loop. Of COURSE there was a decl-ass-ify order. But only Fatty knew about it. Hey, we’re talking top top top really wicked secret stuff, right? You don’t want just anyone knowing about it. So Trump had a double secret standing order to decl-ass-ify anything he wanted. He only had to tell himself.

So there. Besides, that was stuff was his, not theirs. Moochers.

[Jeanne]

I can't believe that judge in Florida. He signed off on the whole magilla by the FBI, then waffles on NOT publishing the affadavit, saying okay, Sharpies at the ready, THEN, okay, maybe... I suspect he is not on the side of "the public," but has had thousands of death threats from the crazies and is afraid for his life. In fact, what I JUST typed is being said on MSNBC. I am absolutely sick of the media in general, for their endless fascination with the Orange Poisonous Snake and their near-constant "both sidesism." Why bend over backwards and upsidedown to give that monster the benefit of the doubt?? Because it sells.

[Akhilleus]

The judge in Florida who has ordered the DoJ to suggest redactions to the affidavit presented in the investigation of Trump’s illegal retention of secret documents has already weathered some threats from right-wing Trumpist goons. Judge Bruce Reinhart, I’m guessing, hopes to survive this latest round of legal wrangling with a crime lord former president* and his violent brownshirts.

But this is the idea. Scare the crap out of people with death threats against them and their family members and more often than not, you get what you want, thus the judge’s decision to release perhaps a redacted version of the affidavit.

As usual, this is not enough for the thugs. Right on cue, as soon as the announcement was made, Fatty screamed that the entire unredacted document must be released so his followers can track down the FBI agents involved in the investigation and get to any witnesses, as well as the so-called snitch.

Just think about that. This is like John Gotti demanding that federal agents investigating his criminal activities show him everything they have, including their methods and dates of surveillance, names and addresses of witnesses and the names and addresses of investigators.

At this very late date, neither Trump nor his club, knife, gun, and microphone wielding thugs deserve the tiniest benefit of the doubt. Their goal is to frustrate any investigation against the Dear Leader, attack witnesses, and threaten anyone connected with unrestrained violence. No quarter should be given these people. Trump himself is a proven liar who cannot be trusted in the most innocuous interaction.

And as a sidebar, it’s becoming clear that the dangerous levels of aggression called for and sponsored by right-wingers, who see violence as a primary tool to get their way has spread like a pathogen across the culture.

Yesterday I heard a head shaking report about umpires, and officials in all sports and at all levels. It’s getting harder and harder to find people who want to put themselves in harm’s way as fans, parents, and coaches become increasingly belligerent and, taking their cue from the confederate zeitgeist, turn to violence to demonstrate their disdain for calls they don’t agree with.

A couple of years ago in Lakewood, Colorado, a brawl broke out as parents rushed the field after a call made by a 13(!) year old umpire, at a game for seven year olds, went against their team. A brawl! Police conducted a MANHUNT for one guy who went around the field sucker punching other parents. Just a month ago, a 72 year old man umpiring a game for 13 year old kids was hospitalized after a coach attacked him and broke his jaw.

Now I’ve been a baseball fan my whole life, and I played for many years. It’s a god given right for fans to criticize calls they don’t like. “Kill the umpire!” might have been a phrase used by the most vociferous, but it was never meant as a call for actual murder. (My own favorite epithet is “Hey Blue (umps are routinely called “Blue” by most players), wipe that sweat off your glass eye!” But violence?)

As the culture is increasingly dragged down by the example of crude and violent political “leaders”, we all suffer the consequences. Yes, even seven year old kids playing a game.

But it’s no game at the federal level. Nonetheless, Trump and his army of thugs are ready and willing to attack the umpires at that level. And when they scream “Kill the umpire”, you know it’s not an empty threat.

[Marie Burns]

@Jeanne: Generally, judges do not release search warrants or the affidavits officers submit to try to justify a search warrant -- instead of going for a less drastic measure -- like asking the person to hand over the stuff or subpoenaing the stuff.

The reason judges don't usually release affidavits is because the law enforcement entity requesting an affidavit doesn't want the person whose premises they search -- or witnesses and potential witnesses -- to know what-all they've got on the perp and who the witnesses might be.

However, because of the heightened public interest in the raid on Mar-a-Lardo, and to try to calm down the crazies, Merrick Garland agreed to release the warrant itself (somewhat redacted), but he opposed release of the affidavit. News media filed motions asking the court to release the affidavit. Trump said he wanted it released, but that was just blather; his attorneys did not file a motion to have the affidavit made public, and according to one news report I heard, one of Trump's attorneys sat there in the courtroom yesterday & listened to the arguments but didn't say a peep.

So Reinhart is not holding back here; rather, he is going above-and-beyond to suggest he might release a redacted warrant. We don't know how he'll rule, but he has at least opened the door for much more "transparency" than usually surrounds search warrants & court papers accompanying them.

Update: And what Akhilleus wrote.

[Akhilleus]

One more thing about right-wing violence. I listened, yesterday, to an interview Terry Gross conducted with Adam Schiff. Schiff, who is on the Jan. 6 committee and was instrumental in the first of Trump’s TWO impeachment trials. She asked about threats, wondering if the level of vitriol now on the right, replete with death threats from unstable nuts pushed to the brink by irresponsible lies from TV hosts and pols, would keep qualified and committed young people from getting into politics.

Schiff paused and told her that he gets death threats so often that he has had to accept them as the cost of doing his job. But it wasn’t until his wife, clearly upset and perhaps scared, asked “Why do so many people hate you?” that he truly appreciated the toll such extremism takes on those not even involved in his work.

I think we hear about these sort of things so often now that it’s become a kind of annoying noise. But just think of being on the receiving end of not just one, but hundreds of threats from strangers promising to kill you and your family. For DOING YOUR JOB!!

For people in congress (Democrats, that is) who regularly receive threats of violence up to and including murder, of you, your spouse, and your kids, especially because most of these people are in DC and typically far away from their families, I can only imagine the stress level. If I heard from some nut that he wanted to kill me and my family, I’d be permanently stationed at the door with a baseball bat (don’t own a gun).

And here’s the thing. Violence from the right is no longer just a threat, a hypothetical. They have proven that they will kill if you get in their way.

TrumpWorld.

[NJC]

Sadly the Dems' response to threats of/actual violence is the continued call for adherence to the "rule of law." For those who promote violence this is laughably pathetic weak tea. Frankly the rule of law is the farthest most alien notion of all. The opposite is true, of course. Rule of law implies a legitimate government, which they categorically deny. We can hope with all muscularity at our disposal that the next Dem POTUS candidate has a much stronger message than the current office holder. That he/she has the drumbeat of THIS is what the government means/does for you.

[Marie Burns]

Decades ago, when I lived in Southern California, I visited family in Houston at Christmastime. My brother-in-law -- who lived in Houston -- & I went out shopping one morning, and as I was driving along a busy commercial street in a nice area of North Houston, a guy in a pick-up truck cut us off. In the spirit of the season, I smiled and gave him the finger, as was my custom. My brother-in-law, who was hardly a shrinking-violet type, was horrified: "My god, Marie, you can't do that! You're in Texas. He could shoot you!"

Oh. I was surprised that my family accepted bullying as a sort of cost-of-living factored into being a Texan. You just let people get away with rude behavior without complaining so you wouldn't be shot dead for the slightest of excuses.

Nowadays, that's probably true in most or all of the country. I do not exercise my middle finger any more. People still cut me off from time-to-time (though not often), and I just smile & keep my hands on the wheel. The mild satisfaction of a fuck-you is not worth the risk.

U.S.A.

[Akhilleus]

Marie,

Plus in gun and violence happy ‘merica, flipping someone off could be not only excuse for them to shoot you, but a perfect defense that will allow them to walk after you’re dead, the middle finger being a deadly weapon that caused the shooter to fear for his life. After all, he was just standing his ground against a threat to his life. What’s worse? That’s not even hyperbole.

[Patrick]

Marie: every driver around you is an assassin, who wants to kill you by auto if given the chance to make it look like an accident. Fortunately, they are also all idiots, so mostly all you need to do is mind your distance, direction and speed and keep updating your anticipatory avoidance and escape maneuver as you go.

When you live in the US, you get in the habit of thinking that if you stay in lane, drive at the limit, signal when necessary, and observe right-of-way precedence, you are pretty safe. So you watch the signs, the stripes, the lights, and feel you're OK. And you feel slighted when another driver behaves badly near you, jeopardizing your safety.

In many other countries, drivers don't pay as much attention to all of those things ... they pay attention to the other vehicles, people, animals and obstacles on the road. They know the lights and signs don't kill ... the drivers do.

In none of those countries except the US do you have to worry about the other driver shooting you. Other forms of violence, yes; shooting, no.

[Akhilleus]

Listening to a report on the whack jobs taking over the Arizona GQP, I heard something to the effect that less psycho Republicans in the state are decrying this swing to the ultra right and hoping the whackos lose in November so things can get back to normal.

Hmmm…back to normal? Do they mean “Newt Gingrich, Darth Cheney, Decider, Tom DeLay, Karl Rove” normal? Because when you think about it, these are the assholes who set the stage for Trump and the current crop of psychotics taking over. In fact, moving over to Wyoming, one could say that Liz Cheney just fell into a political pothole carved out by her lying war monger, war profiteer, torture loving dad.

Reaping and sowing.

[Akhilleus]

Um…wow.

Here’s Runny Hair Dye Man with the scoop on purloined top secret documents at Martyr Lardo.

Sure, Trump took those docs. He was just “keeping them safe”.

Was Rudy always this stupid? Maybe that hair dye is toxic. I’m betting Fatty, and what’s left of his legal team (some chick who used to do night court in Fuckaloopa, Arkansas), are thrilled to hear Rudy go on TV and admit that Fatty did in fact take the docs and was just “keeping them safe”. In an unlocked broom closet. Just the place to store nuclear codes with Chinese spies, the Pillow Guy, and oddball winger weirdos prowling around.

https://mobile.twitter.com/atrupar/status/1560464469230342144

[Akhilleus]

Oh, and what I said about Arizona and Wyoming goes triple for Mitch McConnell. Can’t find candidates who aren’t smarter than a dead centipede? Maybe you shouldn’t have invited them in.