The Wires
powered by Surfing Waves
Help!

To keep the Conversation going, please help me by linking news articles, opinion pieces and other political content in today's Comments section.

Link Code:   <a href="URL">text</a>

OR here's a link generator. The one I had posted died, then Akhilleus found one, but it too bit the dust. He found yet another, which I've linked here, and as of September 23, 2024, it's working.

OR you can always just block, copy and paste to your comment the URL (Web address) of the page you want to link.

Note for Readers. It is not possible for commenters to "throw" their highlighted links to another window. But you can do that yourself. Right-click on the link and a drop-down box will give you choices as to where you want to open the link: in a new tab, new window or new private window.

Thank you to everyone who has been contributing links to articles & other content in the Comments section of each day's "Conversation." If you're missing the comments, you're missing some vital links.

INAUGURATION 2029

Marie: I don't know why this video came up on my YouTube recommendations, but it did. I watched it on a large-ish teevee, and I found it fascinating. ~~~

 

Hubris. One would think that a married man smart enough to start up and operate his own tech company was also smart enough to know that you don't take your girlfriend to a public concert where the equipment includes a jumbotron -- unless you want to get caught on the big camera with your arms around said girlfriend. Ah, but for Andy Bryon, CEO of A company called Astronomer, and also maybe his wife, Wednesday was a night that will live in infamy. New York Times link. ~~~

Commencement ceremonies are joyous occasions, and Steve Carell made sure that was true this past weekend (mid-June) at Northwestern's commencement:

~~~ Carell's entire commencement speech was hilarious. The audio and video here isn't great, but I laughed till I cried.

CNN did a live telecast Saturday night (June 7) of the Broadway play "Good Night, and Good Luck," written by George Clooney and Grant Heslov, about legendary newsman Edward R. Murrow's effort to hold to account Sen. Joe McCarthy, "the junior senator from Wisconsin." Clooney plays Murrow. Here's Murrow himself with his famous take on McCarthy & McCarthyism, brief remarks that especially resonate today: ~~~

     ~~~ This article lists ways you still can watch the play. 

New York Times: “The New York Times Company has agreed to license its editorial content to Amazon for use in the tech giant’s artificial intelligence platforms, the company said on Thursday. The multiyear agreement 'will bring Times editorial content to a variety of Amazon customer experiences,' the news organization said in a statement. Besides news articles, the agreement encompasses material from NYT Cooking, The Times’s food and recipe site, and The Athletic, which focuses on sports. This is The Times’s first licensing arrangement with a focus on generative A.I. technology. In 2023, The Times sued OpenAI and its partner, Microsoft, for copyright infringement, accusing the tech companies of using millions of articles published by The Times to train automated chatbots without any kind of compensation. OpenAI and Microsoft have rejected those accusations.” ~~~

     ~~~ Marie: I have no idea what this means for "the Amazon customer experience." Does it mean that if I don't have a NYT subscription but do have Amazon Prime I can read NYT content? And where, exactly, would I find that content? I don't know. I don't know.

Washington Post reporters asked three AI image generators what a beautiful woman looks like. "The Post found that they steer users toward a startlingly narrow vision of attractiveness. Prompted to show a 'beautiful woman,' all three tools generated thin women, without exception.... Her body looks like Barbie — slim hips, impossible waist, round breasts.... Just 2 percent of the images showed visible signs of aging. More than a third of the images had medium skin tones. But only nine percent had dark skin tones. Asked to show 'normal women,' the tools produced images that remained overwhelmingly thin.... However bias originates, The Post’s analysis found that popular image tools struggle to render realistic images of women outside the Western ideal." ~~~

     ~~~ Marie: The reporters seem to think they are calling out the AI programs for being unrealistic. But there's a lot about the "beautiful women" images they miss. I find these omissions remarkably sexist. For one thing, the reporters seem to think AI is a magical "thing" that self-generates. It isn't. It's programmed. It's programmed by boys, many of them incels who have little or no experience or insights beyond comic books and Internet porn of how to gauge female "beauty." As a result, the AI-generated women look like cartoons; that is, a lot like an air-brushed photo of Kristi Noem: globs of every kind of dark eye makeup, Scandinavian nose, Botox lips, slathered-on skin concealer/toner/etc. makeup, long dark hair and the aforementioned impossible Barbie body shape, including huge, round plastic breasts. 

New York Times: “George Clooney’s Broadway debut, 'Good Night, and Good Luck,' has been one of the sensations of the 2024-25 theater season, breaking box office records and drawing packed houses of audiences eager to see the popular movie star in a timely drama about the importance of an independent press. Now the play will become much more widely available: CNN is planning a live broadcast of the penultimate performance, on June 7 at 7 p.m. Eastern. The performance will be preceded and followed by coverage of, and discussion about, the show and the state of journalism.”

 

Contact Marie

Email Marie at constantweader@gmail.com

Constant Comments

Success is not final, failure is not fatal: it is the courage to continue that counts.

Success is not final, failure is not fatal; it is the courage to continue that counts. — Anonymous

A nation of sheep will beget a government of wolvesEdward R. Murrow

Publisher & Editor: Marie Burns

I have a Bluesky account now. The URL is https://bsky.app/profile/marie-burns.bsky.social . When Reality Chex goes down, check my Bluesky page for whatever info I am able to report on the status of Reality Chex. If you can't access the URL, I found that I could Google Bluesky and ask for Marie Burns. Google will include links to accounts for people whose names are, at least in part, Maria Burns, so you'll have to tell Google you looking only for Marie.

Friday
Feb092024

The Conversation -- February 9, 2024

I'm well-meaning, and I'm an elderly man, and I know what the hell I'm doing. I've been president and I put this country back on its feet. -- President Joe Biden, White House remarks, Thursday evening

Mr. Biden would likely present himself ... as a sympathetic, well-meaning, elderly man with a poor memory. -- Special Counsel Robert Hur, report

Zolan Kanno-Youngs of the New York Times: "The White House on Friday called the special counsel's report into President Biden's handling of classified material politically motivated, escalating its attempts to discredit a document that characterized the president as elderly and forgetful. Vice President Kamala Harris suggested that the report was more of a political attack than an unbiased legal document. Ian Sams, a spokesman for the White House Counsel's Office, said the report was 'inappropriate' and 'troubling.'...

"'The way the president's demeanor in that report was characterized could not be more wrong on the facts and clearly politically motivated,' Ms. Harris said in response to questions from reporters at the White House. She also said Mr. Biden had sat down for in-person interviews with the special counsel's office just a day after the Oct. 7 Hamas attack on Israel. 'It was an intense moment for the commander in chief of the United States of America,' Ms. Harris said. 'He was in front of it all, coordinating and directing leaders who are in charge of America's national security.'"

Kierra Frazier of Politico: "Former Attorney General Eric Holder slammed Special Counsel Robert Hur's report that contained observations on President Joe Biden's memory. 'Special Counsel Hur report on Biden classified documents issues contains way too many gratuitous remarks and is flatly inconsistent with long standing DOJ traditions,' Holder said in a post on X early Friday morning. 'Had this report been subject to a normal DOJ review these remarks would undoubtedly have been excised.'... Tommy Vietor, a former Obama White House aide who now co-hosts Pod Save America, said the report was filled with 'ad hominem attacks' and was 'just a right-wing hit job from within Biden's own DOJ.' 'Hur, a lifelong Republican and creature of DC, didn't have a case against Biden, but he knew exactly how his swipes could hurt Biden politically,' said Jim Messina, Barack Obama's 2012 campaign manager."

Ruth Marcus of the Washington Post: Robert Hur's "extensive discussions of [President Biden's cognitive condition] were not merely gratuitous -- they constituted an egregious transgression of prosecutorial boundaries.... [Hur's] portrayal of Biden as a doddering old man is inconsistent with what I hear from those who have frequent interactions with him. But assuming its accuracy, the details go far beyond what is appropriate to explain the decision to decline prosecution, and far beyond Hur's brief.... Prosecutors are supposed to remain above the partisan fray, not embroiled in it.... A responsible prosecutor would have taken care to avoid what Hur has done, which is to let his report become a potent -- perhaps even lethal -- weapon in the coming campaign." ~~~

~~~ Marie: Yes, but if you credit Hur with writing, not a report, but a rambling, incoherent novel of the Look Homeward, Angel genre, then maybe it's what you might call a coming-of-aging story about a protagonist whom Hur calls "Joe Biden": ~~~

~~~ Marcy Wheeler: "Hur spent a year trying to find facts that would allow him to charge Joe Biden, charge a President, doing backflips with the evidence along the way, and then writing up a report that provides far more evidence about 40 year old documents covered by Speech and Debate than we'll ever learn about the stolen documents at Mar-a-Lago. This was never an ethical prosecutorial pursuit. It was always about writing a novel for a rabid audience." MB: This is one of Wheeler's long proofs, but Hur gives her a lot of material to work through.

Paul Campos in LG&$: "It's difficult to overstate what an absolutely astonishing own goal Merrick Garland scored by appointing Robert Hur to lead the Biden documents case.... So why did Merrick Garland do this incredibly stupid and reckless thing?... Because Robert Hur was Executive Editor of the Stanford Law Review, and clerked for the Chief Justice of the United States Supreme Court, and was a partner at Gibson Dunn, and somebody with that kind of impeccable legal pedigree wouldn't ever be a partisan hack, because if he was that would call into question the impeccable judgment of the other Elite Lawyers who anointed appointed him to those exalted offices, where Objective Legal Analysis always wins out over Partisan Political Considerations, because only the Very Best People get those kinds of jobs, because ... OK I can't do this any more.

"Merrick Garland should be fired immediately. He has one of the most important jobs in the United States, and he's absolutely terrible at it, which is a bad combination, especially when there's a little light sedition in the air.... This guy might as well be a Republican plant, but the really sad part is that I don't doubt for a second that he's as sincere as Linus in the pumpkin patch, waiting for the Spirit of the Law to bring presents to all the good little boys and girls...."

Robert Draper & Michael Schmidt of the New York Times: "A lawyer for the chief witness against Representative Matt Gaetz, Republican of Florida, said on Friday that the witness was cooperating with a House Ethics Committee investigation into whether Mr. Gaetz had sex with an underage girl while he was serving in Congress. Fritz Scheller, a lawyer for Mr. Gaetz's former friend and political ally Joel Greenberg, said he provided documents to the committee related to claims Mr. Greenberg has made about Mr. Gaetz. Mr. Greenberg previously told federal investigators that he had witnessed Mr. Gaetz having sex with a 17-year-old girl. 'Mr. Greenberg has and will cooperate with any congressional request,' Mr. Scheller said in an email on Friday."

Brandi Buchman of Law & Crime: "In a new motion, special counsel Jack Smith shredded Donald Trump's latest attempt to indefinitely delay the classified documents case in Florida before U.S. District Judge Aileen Cannon, urging the court to resist the former president's efforts to 'stop at nothing' to delay facing a jury. '... the tactics they deploy are relentless and misleading -- they will stop at nothing to stall the adjudication of the charges against them by a fair and impartial jury of citizens...,' Smith wrote in the 9-page brief filed in Florida late Thursday.... Trump's lawyers were either simply unprepared or were flatly ignoring court orders, according to the special counsel, and now, three months on, as Trump's team has filed requests to adjourn the case completely, they still come asking for more time to file pretrial documents.... Most offensive to the special counsel is Trump's attempt to dismiss the 40-some charges he faces for alleged illegal retention of sensitive and classified documents by attempting to advance an argument of 'presidential immunity.' The conduct charged took place after Trump left office, Smith wrote."

Edward Moreno & Joe Rennison of the New York Times: "Stocks rose on Friday, with the S&P 500 index closing above 5,000 for the first time amid a rally fueled by better-than-expected earnings reports. The move comes less than a month after the index returned to record territory, surpassing a high set in January 2022. The benchmark, which tracks the stock performance of the largest companies in America, is the foundation of many portfolios and retirement plans and is the most common gauge of sentiment on Wall Street. The rally in the stock market has come with inflation cooling, corporate profits growing and lower borrowing costs on the horizon."

U.K. Your Royal Gossip Fix, Ctd. Mark Landler of the New York Times: "Prince Harry has settled his privacy claims against a British tabloid publisher, his lawyer told a London court on Friday, two months after a judge found the publisher guilty of 'widespread and habitual' hacking of the prince's cellphone. The settlement with Mirror Group Newspapers -- which his lawyer said would amount to at least 400,000 pounds, or $504,000 -- brings to an end one battle in Harry's long-running war against the press over its intrusive coverage of his private life.... In addition to paying for the costs of the case, the Mirror Group would pay additional 'significant' damages, the prince's lawyer, David Sherborne, said.... In his statement, Harry singled out Piers Morgan, a prominent TV personality and a former editor of The Daily Mirror, saying Mr. Morgan 'knew perfectly well what was going on.' Mr. Morgan's 'contempt for the court's ruling and his continued attacks ever since demonstrate why it was so important to obtain a clear and detailed judgment,' Harry said."

~~~~~~~~~~

The Report

Glenn Thrush of the New York Times: "The special counsel investigating President Biden said in a report released on Thursday that he had decided 'no criminal charges are warranted' against Mr. Biden over his handling of classified material after leaving the vice presidency in early 2017, but had found evidence that Mr. Biden had willfully retained and disclosed some sensitive material. Robert K. Hur, the special counsel, said in his highly unflattering report that Mr. Biden had left the White House after his vice presidency with classified documents about Afghanistan and notebooks with handwritten entries 'implicating sensitive intelligence sources and methods' taken from internal White House briefings. The report said that Mr. Biden had shared the content of the notebooks with a ghostwriter who helped him on his 2017 memoir, 'Promise Me, Dad' even though he knew some of it was classified. While Mr. Hur decided not to prosecute Mr. Biden, some of his reasons for doing so are likely to raise new questions about the president's conduct and his mental state....' Mr. Biden would likely present himself to a jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory,' Mr. Hur wrote."

"White House officials said Mr. Biden had fully cooperated with the investigation and that he took the handling of classified information seriously. 'We disagree with a number of inaccurate and inappropriate comments in the special counsel's report. Nonetheless, the most important decision the special counsel made -- that no charges are warranted -- is firmly based on the facts and evidence,' Richard Sauber, a special counsel for Mr. Biden, said in a statement.... In the report's introduction, Mr. Hur cited Mr. Biden's cooperation with investigators, in stark contrast with ... Donald J. Trump's behavior when documents were discovered at his resort in Florida, as one of the factors in his decision not to bring charges.... Mr. Hur could not establish whether classified documents discovered at Mr. Biden's house had been willfully retained, or whether they had been obtained during his vice presidency and sloppily stored." (Also linked yesterday.)

     ~~~ Politico's report, by Betsy Swan, is here: "Biden's memory lapse was a common theme throughout Hur's report.... One of [Biden's] attorneys, Bob Bauer, took umbrage with the portrayal, accusing Hur of 'essentially, "trashing" the subject of an investigation' with 'extraneous, unfounded and irrelevant critical commentary.' Biden's attorneys also wrote directly to Hur and his team before the report's publication to complain about the focus on the president's memory lapses. As documented in the report, they called the focus 'gratuitous' and urged Hur to revise his summarizations, saying it was beyond his 'expertise and remit.'... Biden addressed the report during an appearance at a retreat for House Democrats on Thursday afternoon. 'I was pleased to see the special counsel make clear the stark differences between this case and Trump's,' he said, 'The special counsel in my case decided against moving forward with any charges. This matter is now closed.' He banged the podium with a fist." (Also linked yesterday.) ~~~

     ~~~ The report, via the DOJ, is here. It begins with an executive summary. President Biden's statement, via the White House, is here.(Also linked yesterday.)

Marie: You are not mistaken. This report was Jim Comey on steroids. Remember when Comey released the FBI's report recommending no charges against Hillary Clinton for her home server blunder but then trashed her in a press conference ostensibly called to clear her? (Not to be confused with the "October Surprise," which arguably cost Clinton the election.) Joy Reid pointed out on MSNBC last night that at the bottom of the first page of the executive summary (p. 5 of the linked report), Hur writes, "Mr. Biden has long seen himself as a historic figure.... He believed his record during decades in the Senate made him worthy of the presidency...." This is not how a factual DOJ report is supposed to be written. As President Biden's attorneys wrote, Hur went beyond his "expertise and remit." An analogous Mueller report might have begun, "Mr. Trump is an ignorant, narcissistic sociopath with autocratic tendendies who should never have ascended to any public office, let along the presidency*." It didn't. ~~~

~~~ As to Biden's being "a well-meaning, elderly man with a poor memory," his interviewers asked him questions going back 40 years. I sat for a deposition when I was "a well-meaning 50-year-old woman" with no cognitive problems. When I was asked about a letter I had written when I was 21 years old, I did not remember the letter. At all. Ari Melber of MSNBC pointed out that lawyers usually advise their clients to say, "I don't recall" when asked about something they couldn't remember. And you don't have to be a doddering old codger with a faulty memory to forget dates and specifics. Most of us don't remember much about uneventful matters that occurred decades ago. Hur's characterization of President Biden is over the top, politically-motivated and in extremely bad form. It reflects poorly on him more than it does on Biden. P.S. If Merrick Garland had any balls, he would make a public statement condemning the tenor of the so-called report.

Michael Shear of the New York Times: "The investigation into Mr. Biden’s handling of the documents ... [made] such startling assertions that they prompted a fiery and emotional attempt at political damage control from the president within hours. Speaking to the cameras from the Diplomatic Reception Room at the White House, Mr. Biden on Thursday evening blasted the report by Robert K. Hur, the special counsel, accusing the report's authors of 'extraneous commentary' about his age and mental capacity.... The president's lawyers, Bob Bauer and Richard Sauber, took exception in a Feb. 5 letter with Mr. Hur's description of the president's memory. 'It is hardly fair to concede that the president would be asked about events years in the past, press him to give his "best" recollections and then fault him for his limited memory,' the lawyers wrote. 'The president's inability to recall dates or details of events that happened years ago is neither surprising nor unusual.'...

"The tough language by Mr. Hur could set the stage for Mr. Trump and his allies to launch a fresh round of political attacks on Mr. Biden for doing the very same kinds of things Mr. Trump is accused of doing.... Republicans began using the report to attack Mr. Biden almost immediately, sometimes going much further than the prosecutor's actual conclusions. Senator Marco Rubio, Republican of Florida, said on social media, falsely, that 'the special counsel decided not to bring charges against Biden because they believe he has age related dementia.'" NPR's report is here. ~~~

Josh Marshall of TPM: "... this is another example of the universal rule: Republican special counsels are chosen to investigate Democrats. And Republican special counsels are chosen to investigate Republicans. It may not have been a great idea for Merrick Garland to have a two-time Trump appointee investigate Joe Biden. But here we are. Robert Hur totally slimed Biden with these gratuitous comments about his mental acuity and memory.... Even if you assume they are the product of a good faith evaluation they are still wildly inappropriate. DOJ guidelines make clear that if you're not bringing charges you don't bash the subject of the investigation in your announcement (a la James Comey). You certainly aren't supposed to affirmatively attempt to demean the subject of the investigation with clearly political attacks that aren't even related to what you're investigating." MB: On the other hand, Hur did not find a blue dress. ~~~

~~~ Scott Lemieux in LG&$: Ditto. "It's very bad, but at this late date it has to hang on Garland at least as much as Hur himself. He was doing what anybody should have expected him to do."

Samantha Latson of Politico: "Donald Trump and his GOP presidential rival Nikki Haley each slammed a Justice Department special counsel decision Thursday not to charge President Joe Biden for mishandling classified documents.... 'THIS HAS NOW PROVEN TO BE A TWO-TIERED SYSTEM OF JUSTICE AND UNCONSTITUTIONAL SELECTIVE PROSECUTION! The Biden Documents Case is 100 times different and more severe than mine,' Trump, who faces criminal prosecution for deliberately retaining classified material, said in a statement. 'I did nothing wrong, and I cooperated far more. What Biden did is outrageously criminal.'... Haley also used the decision to take a jab at both Biden and her rival Trump: 'Both Joe Biden and Donald Trump were reckless with classified documents,' she wrote on social media platform X. "If Biden's defense is old age and forgetfulness, Trump can easily make the same claim....'" ~~~

     ~~~ Marie: Maybe the upside of narcissism is that it doesn't require any coordination with facts. A narcissist can lie with alacrity, as Trump does here. He doesn't have to read; he doesn't have to study; he doesn't have to rationalize or make excuses; he just flips off the world and presents his own fantasies as reality.

Presidential Race

Adam Liptak of the New York Times: "The Supreme Court seemed poised on Thursday to issue a lopsided decision rejecting a challenge to ... Donald J. Trump's eligibility to hold office again. Justices across the ideological spectrum expressed skepticism about several aspects of a ruling from the Colorado Supreme Court that Mr. Trump's conduct in trying to subvert the 2020 race made him ineligible to hold office under a constitutional provision that bars people who have sworn to support the Constitution and then engaged in insurrection.... The ruling is likely to resolve not only whether Mr. Trump may appear on the Colorado primary ballot but also whether he is eligible to run in the general election. Indeed, the decision in the Colorado case will almost certainly apply to any other state where Mr. Trump's eligibility to run has been challenged, including Maine, where the state's top elections official ruled he should be excluded from the ballot. There was very little discussion of the Jan. 6 assault on the Capitol or of Mr. Trump's role in it. But a majority of the justices indicated that they were prepared to rule that individual states may not disqualify candidates in a national election unless Congress first enacts legislation allowing them to do so. Some justices also seemed open to two other arguments: that the post-Civil War prohibition at issue, Section 3 of the 14th Amendment, bars candidates from holding office, as opposed to running for it, and that the president is not among the officials to whom the provision applies."

Traditionally the idea of state's rights has been the purview and preponderant obsession of the wingers on the court.... But of course if that means states get to decide stuff the wingers don't cotton to, then that state's rights stuff is right out. The only thing consistent about them is the belief that their side needs to win no matter what. -- Akhilleus, in yesterday's thread

They are textualists only when textualism provides a means to and end -- like when they say, "Well, we have to give everybody a gun because it says so right here in the Second Amendment." But when a purported 'close reading' does not suit them, suddenly they are pragmatists. -- Chris Hayes of MSNBC, Thursday (very loose paraphrase)

You do have to wonder how the Supremes would have reacted had Hillary Clinton led a motley army into the Capitol to try to prevent Joe Biden from counting electoral votes in 2016. Would she still be eligible to run for president? Just asking. -- Marie

Chris Geidner of Law Dork: "... the U.S. Supreme Court appeared all but certain to rule that, at least under current federal law, Donald Trump can appear on Colorado's Republican presidential primary ballot, reversing the Colorado Supreme Court's decision to the contrary.... The justices appeared to be more concerned about what removing Trump from the ballot would do rather than whether the Constitution says he is disqualified."

Glenn Kessler of the Washington Post: "After saying he'd listened to the Supreme Court oral arguments Thursday..., Trump reverted to one of his signature falsehoods.... Trump ... referred to what his detractors 'kept saying about what I said right after the insurrection ... if it was an insurrection.' He claimed that what he really did was offer 'very beautiful, very heartwarming statements' during the Jan. 6, 2021, attack on the Capitol. He also suggested people should view the video he posted late in the day -- or as he put it, 'very shortly after.' That would be hard. The video was removed from YouTube and other social media shortly after being posted, on the grounds that it violated the terms of service by spreading false information about the 2020 election." Kessler provides a timeline of the events of the day and Trump's responses. It's a useful and shocking reminder of what a horrible human being Trump is. ~~~

     ~~~ Marie: CNN played live bits of Trump's remarks after the hearing. They kept cutting out because, as Jake Tapper said, Trump was lying so much and just giving a campaign speech. What was more startling than the lies was how infantile Trump is. If he listened to the hearing, why didn't he say any more about it than "they did a good job," or words to that effect. Instead, he rambled on about extraneous matters: "We're at 90% in Nevada, I think we're at 90% everywhere, Joe Biden sucks, blah, blah." Don't tell me Joe Biden is off his game when Trump is totally out of it, reduced to toddler babble. I suspect his aides tell him how good his poll numbers are the way you tell a severely intellectually disabled person that the stick figures he drew are great, and the poor fellow is able to parrot back, "I did good, didn't I?"

Michael Gold of the New York Times: "... Donald J. Trump glided to victory in Nevada's Republican caucuses on Thursday, an outcome all but guaranteed because he was the only major candidate on the ballot. The Associated Press declared Mr. Trump the winner shortly after caucus sites closed in Nevada, giving him his fourth straight triumph in a Republican nominating contest that awards delegates this year."

Annals of "Journalism," Ha Ha Ha. Hannity Promotes Violence Against Strangers on Live TV. Jake Offenhartz of the AP: "Members of the Guardian Angels roughed up a man during a live interview on Fox News Tuesday night, then misidentified him as a 'migrant' in a primetime segment meant to highlight disorder and crime caused by new arrivals to New York City. The bizarre altercation played out as Curtis Sliwa, founder of the anti-crime patrol group, was speaking to Sean Hannity from Times Square, flanked by volunteers in their signature red berets and bomber jackets. As some Guardian Angels began leaving Sliwa's side to attend to an off-screen disturbance, the camera panned to show them confronting an unidentified man, pushing him to the sidewalk and placing him in a headlock. 'In fact, our guys have just taken down one of the migrant guys...,' Sliwa told Hannity.... The man is not a migrant, but a New Yorker from the Bronx, police said Wednesday afternoon. Though Sliwa claimed the man had been caught shoplifting, police provided no evidence to support the allegation.... Police said the man was issued a disorderly conduct summons because he was acting in a loud and threatening manner on a public sidewalk.... Sliwa said he had believed the man was a migrant because he was 'speaking Spanish.'..." ~~~

     ~~~ Philip Bump of the Washington Post: Hannity "welcomed Sliwa back at the end of the show to explain what happened. 'Well, he had been shoplifting first,' Sliwa claimed. 'The Guardian Angels spotted him, stopped him. He resisted. And let's just say we gave him a little pain compliance.' Hannity chuckled. 'His mother back in Venezuela felt the vibrations. He's sucking concrete. The cops scraped off the asphalt.'... That Fox News carried the scuffle live was a function of a number of bad decisions, certainly. But all of them were downstream from the same point of origin: wanting to cast New York City, once again, as collapsing metropolis overrun by criminal immigrants."

The Trials of Trump & the Trump Gang

Igor Derysh of Salon: "Legal experts sounded the alarm after the judge overseeing Donald Trump's classified documents case rejected special counsel Jack Smith's bid to keep government witnesses secret. Smith's team opposed making information public that could reveal the identity or any personal identifying information of any potential witnesses in the case or any transcripts or other documents they may have provided, citing concerns about witness intimidation. Trump-appointed U.S. District Judge Aileen Cannon ruled in Trump's favor on the matter, writing: '... the Special Counsel has not set forth a sufficient factual or legal basis warranting deviation from the strong presumption in favor of public access to the records at issue.'... Longtime Harvard Law Prof. Laurence Tribe said he hopes Tuesday's order 'will trigger a motion to remove her.... The 11th Circuit might well agree this was the last straw. Compromising national security is a bridge too far,' he tweeted. 'It is impossible to overstate how awful and unethical is Aileen Cannon,' added Norman Ornstein, emeritus scholar at the American Enterprise Institute. 'Clearly has no business being a judge at any level.'" ~~~

~~~ So Then.... Mike Levine & Katherine Faulders of ABC News: "Federal authorities are currently investigating a series of threats made online to a potential witness related to special counsel Jack Smith's classified documents case against ... Donald Trump, according to a new court filing from Smith's team. In the filing late Wednesday in federal court in Florida, Smith's team asked U.S. District Judge Aileen Cannon ... to let them file an exhibit under seal because, they wrote, 'The exhibit describes in some detail threats that have been made over social media to a prospective Government witness and the surrounding circumstances, and the fact that those threats are the subject of an ongoing federal investigation being handled by a United States Attorney's Office.'"

They're Going to Take Him Away, Away. Spencer Hsu of the Washington Post: "A federal judge on Thursday ordered former Trump White House aide Peter Navarro to begin serving a four month-prison term for ignoring a subpoena from the House committee investigating the Jan. 6, 2021, Capitol attack, rejecting his request to stay free while he appeals his conviction on two counts of criminal contempt of Congress.... In a 12-page opinion, U.S. District Judge Amit P. Mehta said that none of Navarro's claims posed a 'substantial question of law' or a close call. Unless the U.S. Circuit Court of Appeals for the District of Columbia stays his sentence imposed Jan. 25, Mehta ordered, Navarro 'shall report to the designated Bureau of Prisons ('BOP') facility on the date ordered by the BOP.' Navarro has not received a reporting date and is expected to ask the circuit court to intervene."


Dino Grandoni
of the Washington Post: "Michael Mann, a prominent climate scientist, won his long-standing legal battle against two right-wing bloggers who claimed that he manipulated data in his research and compared him to convicted child molester Jerry Sandusky, a major victory for the outspoken researcher. A jury in a civil trial in Washington on Thursday found that the two writers, Rand Simberg and Mark Steyn, defamed and injured the researcher in a pair of blog posts published in 2012, and awarded him more than $1 million. 'I hope this verdict sends a message that falsely attacking climate scientists is not protected speech,' Mann said in a statement[.] Mann's victory comes amid heightened attacks on scientists working not just on climate change but also on vaccines and other issues." The AP's report is here.

~~~~~~~~~~

Israel/Palestine, et al.

The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: President "Biden's comments [that Israel's attacks on Gaza are 'over the top'] follow National Security Council spokesman John Kirby saying 'we would not support' a major Israeli military operation in crowded Rafah under current conditions, and Secretary of State Antony Blinken saying he had conveyed 'profound concerns' to Israel about inflammatory rhetoric and actions, calling for it to address the high civilian death toll. Biden also issued a memorandum laying out standards for countries that receive U.S. weapons and, for the first time, requires the administration to submit an annual report to Congress about whether they are meeting the requirements. It comes after Democratic lawmakers raised concerns about the extent of Israels campaign in Gaza." ~~~

     ~~~ The New York Times' live updates for Friday are here.

Yasmeen Abutaleb of the Washington Post: "President Biden on Thursday said Israel's military campaign in Gaza has been 'over the top' in his sharpest rebuke yet and said he hoped the current negotiations over a release of hostages in exchange for a long-term pause could lay the groundwork to change the course of the war.... Biden, who has been resistant to speak in detail about the suffering in Gaza, also spoke in the most visceral terms yet about the desperation in the enclave. 'I've been pushing really hard to get humanitarian assistance into Gaza. A lot of innocent people are starving. A lot of innocent people are in trouble and they're dying and it's got to stop,' Biden said. The comments mark a stunning turnaround for Biden, who has an emotional attachment to Israel and has largely refused to criticize the country even as anger grows among left-leaning parts of the Democratic base over the war in Gaza and its enormous civilian toll."

Ukraine, et al.

Karoun Demirjian of the New York Times: "A sweeping emergency aid bill for Ukraine and Israel inched ahead in the Senate on Thursday, providing glimmers of hope for the measure after a series of setbacks. But hurdles remained as Republicans slow-walked progress, demanding changes and feuding internally over whether to back it. In a bipartisan show of support, the Senate voted 67 to 32 to advance the bill, with 17 Republicans joining Democrats to move it forward. The legislation would provide $60.1 billion for Ukraine, $14.1 billion for Israel and $10 billion in humanitarian aid for civilians in global conflicts. But many Republicans were still withholding their backing as they demanded changes to the package, and many others opposed it outright. 'We hope to reach an agreement with our Republican colleagues on amendments,' Senator Chuck Schumer, Democrat of New York and the majority leader, said. 'We are going to keep working on this bill until the job is done.'" (Also linked yesterday

Andrew Kramer & Mark Santora of the New York Times: "President Volodymyr Zelensky of Ukraine on Thursday removed his top general as part of a sweeping overhaul of his military command, the most significant shake-up in Ukrainian leadership since Russia invaded almost two years ago. The dismissal ended weeks of speculation about the fate of the commander, Gen. Valery Zaluzhny, whose relationship with Mr. Zelensky had deteriorated as Ukraine failed to make a breakthrough in its counteroffensive last summer and fall. Mr. Zelensky was prepared to fire the general 10 days ago before temporarily backing off, Ukrainian officials have said. The upheaval comes at a difficult moment for Ukraine in the war, amid intensified Russian attacks, partisan wrangling in the United States over providing aid to the government in Kyiv and the tensions between Ukraine's civilian and military leadership. General Zaluzhny will be replaced by Gen. Oleksandr Syrsky, the head of Ukraine's ground forces, the president said." (Also linked yesterday.)

Anton Troianovski of the New York Times: "Speaking to Tucker Carlson, the former Fox News host, [Vladimir] Putin called on the United States to 'make an agreement' to cede Ukrainian territory to Russia in order to end the war. He sought to appeal directly to American conservatives just as Republican lawmakers are holding up aid to Ukraine on Capitol Hill, echoing the talking points of politicians like ... Donald J. Trump who say that the United States has more pressing priorities than a war thousands of miles away.... Much of the interview constituted a familiar Kremlin history lesson about Russia's historical claim to Eastern European lands, beginning in the ninth century, that Mr. Putin made little effort to distill for American ears.... Mr. Carlson pressed Mr. Putin to release [Evan] Gershkovich, the Wall Street Journal correspondent whom Russia arrested last year on espionage accusations that The Journal and the U.S. government vehemently deny. Mr. Putin said 'the dialogue continues' on his fate, hinting that the Kremlin was holding out for a favorable offer from the United States to release him as part of a prisoner swap."

News Lede

New York Times: "Seiji Ozawa, the high-spirited Japanese conductor who took the Western classical music world by storm in the 1960s and '70s and was music director of the Boston Symphony Orchestra from 1973 to 2002, died on Feb. 6 in Tokyo. He was 88."

Thursday
Feb082024

The Conversation -- February 8, 2024

Glenn Thrush of the New York Times: "The special counsel investigating President Biden said in a report released on Thursday that he had decided 'no criminal charges are warranted' against Mr. Biden over his handling of classified material after leaving the vice presidency in early 2017, but had found evidence that Mr. Biden had willfully retained and disclosed some sensitive material. Robert K. Hur, the special counsel, said in his highly unflattering report that Mr. Biden had left the White House after his vice presidency with classified documents about Afghanistan and notebooks with handwritten entries 'implicating sensitive intelligence sources and methods' taken from internal White House briefings. The report said that Mr. Biden had shared the content of the notebooks with a ghostwriter who helped him on his 2017 memoir, 'Promise Me, Dad' even though he knew some of it was classified. While Mr. Hur decided not to prosecute Mr. Biden, some of his reasons for doing so are likely to raise new questions about the president's conduct and his mental state.... 'Mr. Biden would likely present himself to a jury, as he did during our interview with him, as a sympathetic, well-meaning, elderly man with a poor memory,' Mr. Hur wrote.

"White House officials said Mr. Biden had fully cooperated with the investigation and that he took the handling of classified information seriously. 'We disagree with a number of inaccurate and inappropriate comments in the special counsel's report. Nonetheless, the most important decision the special counsel made -- that no charges are warranted -- is firmly based on the facts and evidence,' Richard Sauber, a special counsel for Mr. Biden, said in a statement.... In the report's introduction, Mr. Hur cited Mr. Biden's cooperation with investigators, in stark contrast with ... Donald J. Trump's behavior when documents were discovered at his resort in Florida, as one of the factors in his decision not to bring charges.... Mr. Hur could not establish whether classified documents discovered at Mr. Biden's house had been willfully retained, or whether they had been obtained during his vice presidency and sloppily stored."

     ~~~ Politico's report, by Betsy Swan, is here: "Biden's memory lapse was a common theme throughout Hur's report.... One of [Biden's] attorneys, Bob Bauer, took umbrage with the portrayal, accusing Hur of 'essentially, "trashing" the subject of an investigation' with 'extraneous, unfounded and irrelevant critical commentary.' Biden's attorneys also wrote directly to Hur and his team before the report's publication to complain about the focus on the president's memory lapses. As documented in the report, they called the focus 'gratuitous' and urged Hur to revise his summarizations, saying it was beyond his 'expertise and remit.'... Biden addressed the report during an appearance at a retreat for House Democrats on Thursday afternoon. 'I was pleased to see the special counsel make clear the stark differences between this case and Trump's,' he said, 'The special counsel in my case decided against moving forward with any charges. This matter is now closed.' He banged the podium with a fist." ~~~

     ~~~ The report, via the DOJ, is here. It begins with an executive summary. President Biden's statement, via the White House, is here.

Karoun Demirjian of the New York Times: "A sweeping emergency aid bill for Ukraine and Israel inched ahead in the Senate on Thursday, providing glimmers of hope for the measure after a series of setbacks. But hurdles remained as Republicans slow-walked progress, demanding changes and feuding internally over whether to back it. In a bipartisan show of support, the Senate voted 67 to 32 to advance the bill, with 17 Republicans joining Democrats to move it forward. The legislation would provide $60.1 billion for Ukraine, $14.1 billion for Israel and $10 billion in humanitarian aid for civilians in global conflicts. But many Republicans were still withholding their backing as they demanded changes to the package, and many others opposed it outright. 'We hope to reach an agreement with our Republican colleagues on amendments,' Senator Chuck Schumer, Democrat of New York and the majority leader, said. 'We are going to keep working on this bill until the job is done.'"

Andrew Kramer & Mark Santora of the New York Times: "President Volodymyr Zelensky of Ukraine on Thursday removed his top general as part of a sweeping overhaul of his military command, the most significant shake-up in Ukrainian leadership since Russia invaded almost two years ago. The dismissal ended weeks of speculation about the fate of the commander, Gen. Valery Zaluzhny, whose relationship with Mr. Zelensky had deteriorated as Ukraine failed to make a breakthrough in its counteroffensive last summer and fall. Mr. Zelensky was prepared to fire the general 10 days ago before temporarily backing off, Ukrainian officials have said. The upheaval comes at a difficult moment for Ukraine in the war, amid intensified Russian attacks, partisan wrangling in the United States over providing aid to the government in Kyiv and the tensions between Ukraine's civilian and military leadership. General Zaluzhny will be replaced by Gen. <Oleksandr Syrsky, the head of Ukraine's ground forces, the president said."

Marie: The seat-of-the-pants analyses I'm hearing on the teevee re: the Colorado disqualification case is that the Supremes will rule, perhaps 9-0 against Colorado. I'm having oral surgery again this afternoon, so I won't be around to post links to relevant commentary. On the up side, I think oral surgery will be more fun than reading how the Supremes are horrified by the idea of kicking an insurrectionist leader off the ballot.

~~~~~~~~~~

CNN is liveblogging developments in the Supreme Court's hearing of Colorado voters' effort to keep Donald Trump off the state's ballot on the basis of his disqualification under Section 3 of the 14th Amendment. ~~~

     ~~~ The Washington Post's live updates are here. The New York Times' liveblog is here.

Marie: The Supreme Court has announced on its main Web page that it will livestream an audio feed of oral arguments this morning. Update: The livefeed is up on the Supremes' main page. The Constitution Center has a list of page URLs where you can hear the livefeed, which is set to begin at 10 am ET. ~~~

     ~~~ The AP will have live audio on this YouTube page. (MB: uh, supposedly -- when I linked to the page the WashPo listed for carrying the audio, the feed had been removed). Looks as if MSNBC & CNN will carry the audio live, too.

Ann Marimow of the Washington Post: "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.... 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" ~~~

~~~ Adam Liptak of the New York Times: "The Supreme Court will hear arguments on Thursday in an extraordinary case that could alter the course of the presidential election by deciding whether ... Donald J. Trump's conduct in trying to subvert the 2020 race made him ineligible to hold office again.... The sweep of the court's ruling is likely to be broad. It will probably not only resolve whether Mr. Trump may appear on the Colorado primary ballot, but it will also most likely determine his eligibility to run in the general election and to hold office at all."

Marie: Ever since (or maybe even before) Colorado decided Donald Trump was disqualified from appearing on the state's presidential ballot, I have been wondering if this couldn't be a state-by-state decision. Comes now law professor Akhil Amar and says, well, yes. ~~~

~~~ ** Akhil Amar, in a New York Times op-ed: "A 50-state solution allows each state to use its own distinct procedures and protocols for applying Section 3 [of the Fourteenth Amendment].... Section 3's authors actually had not one but two recent insurrections in mind. Before the bloody insurrection that began when cannons roared at Fort Sumter in April 1861, there was the first insurrection of the 1860s, led by cabinet members of outgoing President James Buchanan, including John B. Floyd, the war secretary, and Philip Francis Thomas, the treasury secretary, among many others. A shadowy network of affiliates and co-conspirators aimed in several and nefarious ways ... to prevent the lawful counting of President-elect Abraham Lincoln's electoral votes and to thwart his lawful inauguration in early March 1861.... In 1860, Lincoln was not on the ballot in every state; ditto for Ralph Nader in 2000. Welcome to the Electoral College.... The Constitution is best read to safeguard intricate federalism over pure nationalism -- and the Supreme Court's ruling should reflect that principle." ~~~

     ~~~ BTW, Hillary Clinton, in an interview on MSNBC, more-or-less endorsed Amar's approach and hypothesized that the Supremes might go along with it, too, in order to avoid making the larger decision on Trump's self-disqualification.

Meet the Lawyers! Ann Marimow of the Washington Post profiles the two lawyers who are leading the arguments the Trump disqualification case before the Supreme Court, Jonathan Mitchell for Trump and Jason Murray for the Colorado voters.

Charlie Savage of the New York Times profiles Seth Barrett Tillman, a professor at the University of Ireland, who asserts that "the particular phrase 'officer of the United States' refers only to appointed positions, not the presidency.... With Josh Blackman, who teaches at South Texas College of Law Houston, Professor Tillman submitted a friend-of-the-court brief and asked to participate in arguments, but the court declined. Still, his hobbyhorse will be on the Supreme Court's agenda, and it has drawn as much zealous backing as it has ferocious pushback.... Akhil Reed Amar, a Yale Law School professor who submitted a brief siding with Colorado's top court, portrayed Professor Tillman's theory as a 'gimmick' that relied on tracing words in "all these interesting little ways that makes no sense of the thing as a whole." He predicted it would get at most three votes on the nine-member court."

~~~~~~~~~~

Marie: It looks like the new leader of both the House and Senate is Donald Trump, (maybe with an assist from aide Vladimir Putin).

Seth Meyers comments on Wednesday's House debacle. Thanks to RAS for the link:

Annie Karni of the New York Times: "The Senate bogged down on Wednesday over a bill to send tens of billions of dollars to Ukraine and Israel after Senate Republicans blocked a compromise that would have paired the aid with stringent border security measures, adjourning without moving forward on the emergency national security spending package. Democrats, pressing to salvage the aid from becoming a casualty of ... Donald J. Trump's political campaign, promised a Thursday vote to advance a stand-alone foreign aid bill stripped of the immigration measures. But after a day of stalemate on Capitol Hill, Senator Chuck Schumer, Democrat of New York and the majority leader, announced that senators needed more time to agree on how to move forward on that alternative, which Democrats and Republicans alike said they hoped would be successful.

"Mr. Schumer had hoped for a quick vote on Wednesday on what he called his 'Plan B for reviving the aid package after the border deal failed. But by Wednesday evening, action had stalled, as Senate Republicans slow-walked business on the floor while they regrouped. They held open a procedural vote for hours as they sought assurances from Democrats that if they voted to allow the stripped-down aid bill to move forward, they would be allowed to propose changes. Senator John Cornyn, Republican of Texas, told reporters that there were ongoing discussions about how the money to Ukraine and Israel would be distributed." ~~~

~~~ The AP report on the Senate fail is here. CNN's report is here. ~~~

     ~~~ Marie: The NYT, AP & CNN reports do not mention this: Alex Wagner reported on MSNBC on-air that the stripped-down foreign aid bill failed a cloture vote Wednesday 58-41, "and Democrats have till tomorrow to convince two more Republicans to vote for cloture." Wagner put up a graphic showing the 58-41 count. ~~~

~~~ Annie Karni of the New York Times: "Senate Republicans on Wednesday blocked a bill to pair tens of billions of dollars in aid to Ukraine and Israel with stringent border security measures, thwarting a compromise they had demanded in the latest setback to the emergency national security spending package. But Democrats quickly moved to salvage the aid, with Senator Chuck Schumer of New York, the majority leader, pivoting to advance a stand-alone foreign aid bill stripped of the immigration deal. A vote on that alternative was expected later on Wednesday." This is the pinned item in a liveblog.

Sahil Kapur & Frank Thorp of NBC News: "Within 48 hours of the release of a long-awaited immigration and foreign aid bill he had championed, Senate Minority Leader Mitch McConnell's Republican conference rejected his pitch to support it, knifed the deal and left it for dead. Just four Republicans voted for it. In the end, even McConnell backtracked and voted against the package that he had helped develop. It was a jarring moment on Capitol Hill that pointed to a changed landscape: The Kentucky Republican, a one-man power center for more than a decade, is seeing his influence with fellow senators wane as his party continues to transform into the right-wing populist mold of Donald Trump."

Catie Edmondson of the New York Times: "As Republicans tanked their own bid to impeach Alejandro N. Mayorkas, the homeland security secretary, [Speaker Mike] Johnson, who minutes before had been buttonholing holdouts on the House floor, was the face of the failure, a slightly panicked look on his face and his cheeks flushed as he announced the loss. Then the House moved on to a second vote Mr. Johnson had orchestrated, on a $17.6 billion aid package for Israel that he knew would not muster the votes it needed to pass. It also failed. The back-to-back defeats highlighted the litany of problems Mr. Johnson inherited the day he was elected speaker and his inexperience in the position.... The next phase of that game could be even more challenging." ~~~

~~~ Brett Meiselas of Meidas Touch: "Speaker Mike Johnson and House Republicans were shocked as their impeachment resolution against Homeland Security Secretary Alejandro Mayorkas went down in flames on Tuesday by a vote of 214-216. Republicans Ken Buck, Tom McClintock, Blake Moore, and Mike Gallagher voted against the measure. Moore changed his vote to a 'no' at the last second for procedural reasons, after Democratic Rep. Al Green arrived straight from the hospital in a wheelchair and scrubs to make what would be the deciding vote. Johnson and House Republicans were infuriated by Green's presence at the vote, and apparently had not counted on this possibility. In fact, the vote was planned with Green's absence in mind. Speaker Johnson planned the vote for Tuesday because he thought the Democrats would be down a vote while Green was in surgery.... On Wednesday, when asked about the failed vote, Speaker Johnson acknowledged that House Republicans were not prepared for Green's presence." Thanks to RAS for the link. ~~~

     ~~~ Marie: I don't rely on the Meisalas boys for factual reporting, but Brett is right about this. Nancy Pelosi, who is famous for knowing how to count votes, appeared on MSNBC yesterday and told Andrea Mitchell that a leader has to count her own votes and not worry about how many votes the other side thinks it has. Catie Edmondson wrote (report linked above), "Former Speaker Nancy Pelosi, a famed vote counter, couldn't help but offer unsolicited advice to Mr. Johnson. 'You have to have your votes. Don't worry about the other side -- you have to have your votes.... You know what's a majority. If you don't have that -- don't bring it to the floor.'"; Obviously, Mike Johnson was unaware of (or ignored) that arithmetical principle. ~~~

~~~ The Implosion of the GOP. Jacqueline Alemany, et al., of the Washington Post: Wednesday's House meltdown "was the latest in a tenure marred by chaos and frustration, with members starting to lose patience with an inexperienced leader who they feel has made serious tactical missteps overseeing an unwieldy conference that even Republicans admit may be impossible to corral. The dysfunction in the House Republican conference was rivaled only by that of its counterpart in the Senate.... The GOP leaders' shaky hold over their conferences has led Democrats to fret about whether the House can again avert a government shutdown ahead of a March 1 deadline -- as well as whether Congress may abandon key U.S. allies during wartime. The chaos that has plagued congressional Republicans has intensified as Trump has tightened his grip on the party in his bid to lock up the GOP presidential nomination. Johnson and Senate Minority Leader Mitch McConnell (R-Ky.) have applied dramatically different approaches to Trump.... But Trump's influence has minimized their credibility with and sway over their colleagues. It has also caused some members to fear that the emerging leadership vacuum and their inability to govern could cost them politically."

Garcia Gets the Better of Miss Margie. Ed Mazza of the Huffington Post: "... during a hearing on crime..., [Rep. Marjorie Taylor] Greene ... went on a lengthy rant on everything from crime in the nation's capital to gun rights to Donald Trump to Black Lives Matter and beyond.... Rep. Robert Garcia (D-Calif.) ... pointed out what he found 'ironic' about Greene talking about crime in Washington, D.C. 'She literally supported an insurrection and attack on the Capitol,' Garcia said. He said Greene 'coddled' the insurrectionists when she visited them last year in jail, where she offered them handshakes and pats on the back and said they were 'political prisoners.... They actually tried to overthrow our government,' Garcia reminded her. That caused Greene ― who last month called Hunter Biden a 'coward' for leaving a hearing when she was speaking about him ― to walk out of the hearing." (Also linked yesterday.)

Joe Davidson of the Washington Post: "The Democratic chairman of a powerful Senate committee on Wednesday called on President Biden to fire the lead watchdog for the Social Security Administration, pointing to stalled investigations and plunging staff morale. In a letter sent Wednesday to the White House, Sen. Ron Wyden (Ore.), chairman of the Senate Finance Committee, said promises by Inspector General Gail Ennis to 'establish a culture that welcomes debate, collaboration, and transparency ... appear to have been hollow.... I urge you to remove her.'... Wyden's letter comes as Ennis, a 2019 Trump administration appointee, faces multiple long-running investigations into her leadership.... Ennis has drawn particular scrutiny for an anti-fraud program run by the inspector general's office that leveled large penalties against disabled claimants -- and for allegedly retaliating against staffers who raised alarms about that practice, which began under Ennis's predecessor and continued on her watch."

Surprise, Surprise! Expedient-Friend-of-Clarence Harlan Crow Is [an Alleged!] Tax Cheat. Paul Kiel of ProPublica: "A key congressional committee is pressuring billionaire Harlan Crow for answers after investigators turned up additional evidence that he misrepresented his yacht as a business to score a tax break.... Drawing on the trove of leaked tax data that was the basis of our 'Secret IRS Files' series, ProPublica reported that, from 2003 to 2015, Crow and his father reported nearly $8 million in net losses from operating the ship, with about half flowing to Harlan Crow.... Yacht owners who regularly lease out their ships can write off losses related to chartering, but ProPublica could find no evidence of the [yacht] Michaela Rose being chartered. In fact, former crew members said the ship was used solely by Crow's family, friends and executives of his company, along with their guests. Congressional investigators found the same thing when they spoke to former crew members, [Sen. Ron] Wyden [D-Ore.] wrote.... The committee's investigators were able to confirm that the ship lacked the proper registrations [in the U.S. & U.K. for chartering]." Thanks to RAS for the link.

Stephanie Saul of the New York Times: "A congressional committee examining campus antisemitism accused Harvard on Wednesday of obstructing its investigation, saying that the university failed to submit documents it had requested while flooding the committee with publicly available pages containing 'inexplicable' redactions. Representative Virginia Foxx, a Republican of North Carolina, said Harvard was providing a 'limited and dilatory' response to her investigation of the school's handling of alleged campus antisemitism. Ms. Foxx, chair of the House Education and the Workforce Committee, threatened to use subpoena power to force Harvard to submit more documents.... Harvard said that it was cooperating with the inquiry and that it 'has provided extensive information.'..." MB: Foxx is a well-known right-wing rabble-rouser, and Harvard, generally speaking, is the Snob Center of America, so I withhold judgment on who's in the right here.

The Trials of Trump & the Trump Gang

Holmes Lybrand & Katelyn Polantz of CNN: "Donald Trump's legal team is outlining how he intends to fight the classified documents case against him in Florida, including by claiming presidential immunity, despite a significant defeat on that issue in the election subversion case in Washington, DC. In a filing Tuesday, Trump's attorneys asked Judge Aileen Cannon, who is presiding over the Florida case, for more time to follow certain pretrial motions they're considering, including to suppress discovery and allege prosecutorial misconduct. The attorneys also say they expect to file arguments on presidential immunity in the case, a defense that was decidedly tossed out by the DC Circuit Court of Appeals on Tuesday, the same day as Trump's filing in Florida.... Trump has said he intends to appeal the DC Circuit Court's ruling. The former president's attorneys indicated in the filing they may argue special counsel Jack Smith's prosecution in Florida has been selective and vindictive, that prosecutors violated Trump's due process rights and are misusing information gathered during the investigation." ~~~

     ~~~ Marie: I heard some expert on MSNBC (sorry, can't recall who) say that Trump's bringing an immunity claim to the documents case could force the Supremes to hear the D.C. case because two separate courts in two different judicial districts would be ruling on immunity. Seems to me the Supremes could simply affirm the lower court's ruling without elaborating in one of their "shadow docket" type rulings. This would more-or-less require Cannon to reject whatever immunity claim Trump's lawyers assert in the case she's overseeing. But we all know I'm no expert.

Kara Scannell of CNN: “A federal judge denied Donald Trump's motions for a mistrial in the defamation case brought by columnist E. Jean Carroll saying the former president's arguments had no 'merit.'... Judge Lewis Kaplan denied Trump's motions from the bench during the civil trial and said a written order would follow. In the written order on Wednesday, the judge said granting a request for a mistrial 'would have been entirely pointless' because it would only mean that the case would start over.... He also denied Trump's request for sanctions and criticized Trump's attorneys for first making the motion for a mistrial in front of the jury during Carroll's cross-examination when they had known about the deletion of messages for over a year. He said if he were to grant any remedy to Trump, which he was not inclined to do, it would consist of cross-examining Carroll about deleting messages, which his attorneys did at trial."

Joseph Harvey of the Huffington Post: "MSNBC's Lawrence O'Donnell was flabbergasted by a detail in a new court filing from special counsel Jack Smith in the classified documents case against Donald Trump and two co-defendants. According to the Friday filing, an attorney for Carlos De Oliveira, a co-defendant and maintenance supervisor at Mar-a-Lago, said he was unable to review CCTV footage the prosecution had obtained from the Trump Organization and provided during discovery because he did not own or have access to a laptop or desktop computer. De Oliveira's attorney said he had been attempting to review the entirety of the government's discovery documents on a handheld tablet, the filing stated. To resolve the issue, the government offered to loan the attorney a laptop, and 'hand-delivered a computer to him,' according to the filing. The prosecution said it has since offered assistance to the attorney, 'providing tips and examples, and offering to set up calls,' whenever he has flagged technical issues.' The unprofessionalism and incompetence of the Trump team of lawyers continues to amaze,' O'Donnell said Monday...." (Also linked yesterday.) ~~~

     ~~~ Marie: I don't own a tablet, but I'm pretty sure you can review documents on one. Maybe this is a ploy to get De Oliveira off in an appeal based on incompetence of counsel. It could work!

More on the Presidential Race

Katie Rogers of the New York Times: "President Biden traveled to New York on Wednesday to headline three fund-raisers, where he presented himself as the last line of defense against the re-election of Donald Trump and as a dedicated -- if imperfect -- leader who had been around long enough to recognize the existential threat Mr. Trump poses to democratic institutions, including the presidency.... At all three events, Mr. Biden largely stayed away from the war in Gaza, and though protests were barely visible from the presidential motorcade, people angry over his support for Israel's campaign against Hamas had gathered to demonstrate at different points throughout the city."

When a Self-help Guru Gives Up. Chris Cameron of the New York Times: "Marianne Williamson, the self-help author, is suspending her long-shot campaign for the Democratic presidential nomination, she said in a video address on Wednesday.... Ms. Williamson on Tuesday placed a very distant third place in Nevada's primary election, behind President Biden -- who won nearly 90 percent of the vote -- and behind 'none of these candidates,' a ballot option that earned less than 6 percent of the vote. She had put significant effort into campaigning in the state before the primary, but ultimately drew under 3 percent of the vote." The AP story is here.

Another Loser to "None of These Candidates' Soldiers On. Jazmine Ulloa of the New York Times: "Nikki Haley on Wednesday blasted Donald J. Trump for his backroom effort to twist delegate and primary rules in his favor, calling it 'ironic' that a former president who fueled lies about his 2020 election loss was now trying to 'bully' his way to the 2024 Republican nomination.... She went on to say that the reason he was trying so hard to win the election was because he needed 'to get off all these court issues that he's dealing with.... And I think Americans need to see this for what it is,' she said. The rebuke is among the sharpest attacks Ms. Haley has aimed at Mr. Trump yet...." MB: Sorry, I see no irony here. Rather, Trump is behaving consistently: he tried to bully his way to staying in the White House in 2020/21 by fomenting an insurrection; he's bullying his hoped-for path back to the White House by intimidating Republican officials at every level of government and rigging some state primary procedures to favor him.

Hawaii. Daryl Huff of Hawaii News Now: "A proposal that would allow Donald Trump to be disqualified from the Hawaii ballot for causing an insurrection survived a close vote in a state Senate committee Tuesday. While other states have tried to block Trump because of his role in sparking the Jan. 6 attack at the Capitol. Hawaii law doesn't provide for that. The measure, Senate Bill 2392, would establish a process through the chief elections officer. The bill drew more than 300 pieces of negative testimony and only about 20 testimonies in favor. The small conference room was dominated by Trump supporters, who often cheered each other's testimony.... The committee voted 3-to-2 to send the bill to the full Senate."


Glenn Thrush
of the New York Times: "The final report of Robert K. Hur, the special counsel investigating President Biden's handling of classified documents retained from his vice presidency, has been sent to the White House and to Attorney General Merrick B. Garland, two of the final steps before its public release, officials said on Wednesday. Mr. Garland received the report on Monday, he told congressional leaders in a letter on Wednesday. He said that Mr. Hur had previously sent a copy to the White House Counsel's Office for possible revisions based on claims of executive privilege, and that the White House was still reviewing the report. Ian Sams, a spokesman for the White House Counsel's Office, said the review would be completed by the end of the week.... Mr. Garland's letter contained no indication that the department would pursue an indictment, and people around Mr. Biden have said they do not expect one."

You Do Not Have a Constitutional Right to Spit Your Germs & Viruses at Others. Mike Catalini of the AP: "A federal appeals court shot down claims Monday that New Jersey residents refusal to wear face masks at school board meeting during the COVID-19 outbreak constituted protected speech under the First Amendment. The 3rd Circuit Court of Appeals issued a ruling in two related cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey. The suits revolved around claims that the plaintiffs were retaliated against by school boards because they refused to wear masks during public meetings. In one of the suits, the court sent the case back to a lower court for consideration. In the other, it said the plaintiff failed to show she was retaliated against." MB: But, but how can speech be free if you're forced to speak through a device that muffles speech? (Also linked yesterday.)

Hecho en Mexico. Anna Swanson & Simon Romero of the New York Times: "New data released on Wednesday showed that Mexico outpaced China to become America's top source of official imports for the first time in 20 years -- a significant shift that highlights how increased tensions between Washington and Beijing are altering trade flows. The United States' trade deficit with China narrowed significantly last year, with goods imports from the country dropping 20 percent to $427.2 billion, the data shows. American consumers and businesses turned to Mexico, Europe, South Korea, India, Canada and Vietnam for auto parts, shoes, toys and raw materials.... Economists say the relative decrease in trade with China is clearly linked to the tariffs imposed by the Trump administration and then maintained by the Biden administration." (Also linked yesterday.) ~~~

     ~~~ Marie: So how about this? Trump's radical China tariffs improved U.S. trade with Mexico. This, in turn, means there are more jobs in Mexico, so immigration to the U.S. from Central and South America may decrease by the increase in the number of jobs these would-be U.S. immigrants can get in Mexico. So in one fell swoop, Trump has not only cut trade with China but also solved the border crisis. The guy is a stable genius.

Annals of "Journalism," Ha Ha Ha. Robyn Dixon & Natalia Abbakumova of the Washington Post begin with Kremlin spokesman Dmitry Peskov's takedown of a blatant lie TuKKKer Carlson told about his interview of Vladimir Putin. Then they write, "The Kremlin's decision to allow the interview demonstrated Putin's interest in building bridges to the disruptive MAGA element of the Republican Party, and it seemed to reflect the Kremlin's hope that Donald Trump would return to the presidency and that Republicans would continue to block U.S. military aid to Ukraine. Halting aid from the United States, which is Ukraine's biggest Western supporter, could provide Russia with a path to victory in the nearly two-year war.... Putin portrays himself as a guardian of traditional conservative values, showing common cause with MAGA conservatives.... Pro-Trump Republicans are a natural ally for Putin on LGBTQ+ and other issues but also because the Kremlin has long sought to exploit divisions in American society and interfere in U.S. politics.... Carlson has often echoed Kremlin propaganda about Russia's war on Ukraine, by attacking Ukrainian President Volodymyr Zelensky and opposing U.S. military aid to help Ukraine defend itself."

Trolling Racists -- A Half Century Ago. Noah Berlatsky, in a CNN opinion piece, remarks on how the right wing misunderstands Mel Brooks' presentation of race in the 1974 film "Blazing Saddles." Berlatsky writes a useful review of the film. "Blazing Saddles," Berlatsky writes, "presents everyday good White townspeople, as racist -- and as irredeemable fools because they are racist.... Gene Wilder as Bart's (Cleavon Little) fast-drawing friend Jim, is ... explicit. 'You've got to remember that these are just simple farmers,' Jim reassures Bart after he's endured racist insults from a nice White grandma. 'These are people of the land. The common clay of the new West. You know .. morons.'... You're really not supposed to outright say that rural White MAGA voters -- the 'people of the land' -- are deplorable racist dunderheads. You're supposed to be respectful. But 'Blazing Saddles,' 50 years ago, said that treating racists with respect is BS -- even if those racists look like your grandma, even if those racists live in small towns and hang out in diners." Thanks to Akhilleus for the link to the video:

~~~~~~~~~~

Voter Suppression, Campus Component. Maddie Kasper of the Washington Post: "After voting rules were loosened in many states for the 2020 election, which was held in the depths of the coronavirus pandemic, GOP lawmakers have sought to tighten restrictions for 2024. Although the efforts have been ostensibly aimed at curbing fraud, elections experts say voter fraud is already exceedingly rare. Democrats say they believe the real objective is to limit voting among college students, who voted in historic numbers in 2020 and overwhelmingly supported Joe Biden, helping to power his victory.... Voters in Idaho, for example, can no longer use student ID cards at the polls.... Numerous other forms of identification, including concealed weapons licenses, remain acceptable.... Students at public universities in Ohio could previously vote with their student ID card if it met certain criteria.... The new Ohio law would require [students] to give up [IDs issued by other states] for one issued by Ohio.... In Democratic-led states such as New York or Colorado, for instance, lawmakers have passed bills that will likely lead to easier access to polling places on college campuses. Several Republican-led states have moved in the other direction."

Florida. Lori Rozsa of the Washington Post: "The Florida Supreme Court heard arguments Wednesday regarding a proposed amendment enshrining abortion rights in the state constitution, the last hurdle in getting the issue before voters after a successful grass-roots signature drive. The group Floridians Protecting Freedom gathered more than 1.5 million signatures in less than nine months to put the proposal on the ballot -- far more than the 891,523 needed. But Florida Attorney General Ashley Moody has objected to the language in the proposed amendment and asked the state's high court to reject it.... Legal analysts said it was difficult to gauge how justices might rule based on the questions asked and comments made."

~~~~~~~~~~

Israel/Palestine, et al. The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "Hamas's response to a proposed cease-fire deal in exchange for the release of hostages included some 'non-starters' but creates space to 'pursue negotiations,' U.S. Secretary of State Antony Blinken said in Israel, in contrast with Israeli Prime Minister Benjamin Netanyahu, who called the militant group's demands 'delusional.' In Iraq, a U.S. military strike Wednesday in Baghdad killed a key commander of a militia group that has plotted attacks on American troops throughout the region, officials said.... Blinken met with Palestinian Authority President Mahmoud Abbas on Wednesday in the West Bank, where Abbas called for an immediate halt to Israel's war in the Gaza Strip, the official Palestinian news agency Wafa reported."

U.K. Your Royal Gossip Fix. Jesus Jiménez of the New York Times: "Prince Harry did not meet with his brother, Prince William, during a roughly 24-hour trip to Britain after Buckingham Palace announced that their father had cancer, an indication that relations between the siblings remain tense.... The king's eldest son [William] resumed his duties as the Prince of Wales, carrying out an honors ceremony at Windsor Castle and attending a charity fund-raiser. It was unknown what Harry and King Charles, 75, discussed during a visit that lasted between 30 and 45 minutes at Clarence House, the king's residence in London."

Tuesday
Feb062024

The Conversation -- February 7, 2024

Annie Karni of the New York Times: "Senate Republicans on Wednesday blocked a bill to pair tens of billions of dollars in aid to Ukraine and Israel with stringent border security measures, thwarting a compromise they had demanded in the latest setback to the emergency national security spending package. But Democrats quickly moved to salvage the aid, with Senator Chuck Schumer of New York, the majority leader, pivoting to advance a stand-alone foreign aid bill stripped of the immigration deal. A vote on that alternative was expected later on Wednesday." This is the pinned item in a liveblog. ~~~

Karni: "The Senate is now taking one of two procedural votes that it needs to get through before it takes up Chuck Schumer's Plan B -- a foreign aid package without the border security measures that Republicans negotiated and then voted against."

Annie Karni of the New York Times: "Senate Democrats are planning to make a last-ditch effort on Wednesday to salvage an aid bill for Ukraine and Israel, with Republicans expected to kill a version of the package that includes stringent border security measures that they had demanded be included. Senator Chuck Schumer of New York, the majority leader, has told his Democratic colleagues that after a critical test vote set for early Wednesday afternoon, in which Republicans are expected to block the border and Ukraine package, he plans to quickly force a vote on a stand-alone bill that would send tens of billions of dollars in funding to Kyiv and Israel." An NBC News story is here.

Joseph Harvey of the Huffington Post: "MSNBC's Lawrence O'Donnell was flabbergasted by a detail in a new court filing from special counsel Jack Smith in the classified documents case against Donald Trump and two co-defendants. According to the Friday filing, an attorney for Carlos De Oliveira, a co-defendant and maintenance supervisor at Mar-a-Lago, said he was unable to review CCTV footage the prosecution had obtained from the Trump Organization and provided during discovery because he did not own or have access to a laptop or desktop computer. De Oliveira's attorney said he had been attempting to review the entirety of the government's discovery documents on a handheld tablet, the filing stated. To resolve the issue, the government offered to loan the attorney a laptop, and 'hand-delivered a computer to him,' according to the filing. The prosecution said it has since offered assistance to the attorney, 'providing tips and examples, and offering to set up calls,' whenever he has flagged technical issues.' The unprofessionalism and incompetence of the Trump team of lawyers continues to amaze,' O'Donnell said Monday...." ~~~

     ~~~ Marie: I don't own a tablet, but I'm pretty sure you can review documents on one. Maybe this is a ploy to get De Oliveira off in an appeal based on incompetence of counsel. It could work!

Garcia Gets the Better of Miss Margie. Ed Mazza of the Huffington Post: "... during a hearing on crime..., [Rep. Marjorie Taylor] Greene ... went on a lengthy rant on everything from crime in the nation's capital to gun rights to Donald Trump to Black Lives Matter and beyond.... Rep. Robert Garcia (D-Calif.) ... pointed out what he found 'ironic' about Greene talking about crime in Washington, D.C. 'She literally supported an insurrection and attack on the Capitol,' Garcia said. He said Greene 'coddled' the insurrectionists when she visited them last year in jail, where she offered them handshakes and pats on the back and said they were 'political prisoners.... They actually tried to overthrow our government,' Garcia reminded her. That caused Greene ― who last month called Hunter Biden a 'coward' for leaving a hearing when she was speaking about him ― to walk out of the hearing."

Hecho en Mexico. Anna Swanson & Simon Romero of the New York Times: "New data released on Wednesday showed that Mexico outpaced China to become America's top source of official imports for the first time in 20 years -- a significant shift that highlights how increased tensions between Washington and Beijing are altering trade flows. The United States' trade deficit with China narrowed significantly last year, with goods imports from the country dropping 20 percent to $427.2 billion, the data shows. American consumers and businesses turned to Mexico, Europe, South Korea, India, Canada and Vietnam for auto parts, shoes, toys and raw materials.... Economists say the relative decrease in trade with China is clearly linked to the tariffs imposed by the Trump administration and then maintained by the Biden administration." ~~~

     ~~~ Marie: So how about this? Trump's radical China tariffs improved U.S. trade with Mexico. This, in turn, means there are more jobs in Mexico, so immigration to the U.S. from Central and South America may decrease by the increase in the number of jobs these would-be U.S. immigrants can get in Mexico. So in one fell swoop, Trump has not only cut trade with China but also solved the border crisis. The guy is a stable genius.

You Do Not Have a Constitutional Right to Spit Your Germs & Viruses at Others. Mike Catalini of the AP: "A federal appeals court shot down claims Monday that New Jersey residents' refusal to wear face masks at school board meetings during the COVID-19 outbreak constituted protected speech under the First Amendment. The 3rd Circuit Court of Appeals issued a ruling in two related cases stemming from lawsuits against officials in Freehold and Cranford, New Jersey. The suits revolved around claims that the plaintiffs were retaliated against by school boards because they refused to wear masks during public meetings. In one of the suits, the court sent the case back to a lower court for consideration. In the other, it said the plaintiff failed to show she was retaliated against." MB: But, but how can speech be free if you're forced to speak through a device that muffles speech?

~~~~~~~~~~

Marie: Sorry, my Internet service has been out all night & early morning. It just came back, so I'll be posting late today (assuming I don't lose my connection again). Update: I posted new links till about 9:00 am ET, so if you checked in before that, you might want to scan the page to see what wasn't there the first time you checked.

Dan Mangan of CNBC: "Neither President Joe Biden nor anyone else is expected to be criminally charged in an investigation into how classified documents ended up in Biden's Delaware home and a private office, NBC News reported Tuesday. A senior law enforcement official told NBC that a report on that probe by Department of Justice special counsel Robert Hur will be made public in the coming days. Hur has spent more than a year investigating how classified government documents came to be sent to Biden's home in Wilmington and to a Washington, D.C., office he had maintained before becoming president in January 2021." MB: So unfa-a-a-air to Trump.

Peter Baker & Catie Edmondson of the New York Times: "President Biden took the border fight directly to ... Donald J. Trump on Tuesday, blaming his predecessor and putative challenger for torpedoing a bipartisan immigration agreement out of crass politics at the expense of national security. Weighing in forcefully after months of largely staying out of the fray, Mr. Biden called on congressional Republicans to 'show some spine' and stand up to Mr. Trump. But he effectively acknowledged that the deal negotiated over several months was doomed and vowed to make it a campaign issue against the opposition. 'All indications are this bill won't even move forward to the Senate floor,' Mr. Biden said in a speech televised from the White House. 'Why? A simple reason. Donald Trump. Because Donald Trump thinks this is bad for him politically.' The president said that Mr. Trump would 'rather weaponize this issue than actually solve it' and has leaned on Republicans to block it. 'It looks like they're caving,' he added." The Hill's report (also linked yesterday) is here. ~~~

~~~ Joe gives 'em hell: ~~~

     ~~~ Here's a transcript of President Biden's remarks, via the White House. ~~~

~~~ Alexander Bolton of the Hill: "Senate Republicans, under heavy pressure from former President Trump, will block a procedural motion to begin debate on a bipartisan border security deal this week, leaving funding for the war in Ukraine in limbo for the foreseeable future. A failure to advance the border security deal this week would signal the legislation is unlikely to pass the Senate without major changes. And any revisions to asylum and border security reforms negotiated with the White House and Senate Democrats could scuttle the whole deal.... Asked Tuesday morning if any Senate Republicans will vote to proceed to the bill, [Senate Minority Whip John] Thune [R-S.D.] said it's 'unlikely' because members of his conference want more time to study the complicated package. 'I think it's unlikely because I just think our members are still -- they want more time to evaluate it,' he said.... He said Senate Majority Leader Chuck Schumer's (D-N.Y.) decision to schedule a vote Wednesday to allow the bill to proceed is 'rushing it.'" (Also linked yesterday.)

Republicans' Day of Dysfunction & Defeat
Yesterday was a very bad day for Trump and the Party of Trump:

Catie Edmondson of the New York Times: "Republicans in Congress suffered a humiliating series of setbacks on Tuesday on critical elements of their agenda, turning the Capitol into a den of dysfunction that has left several major issues, including U.S. military aid to Ukraine and Israel, in limbo amid political feuding.... The events that unfolded on Capitol Hill on Tuesday offered a vivid portrait of congressional disarray instigated by Republicans, who are bent on opposing President Biden at every turn but lack a large enough majority or the unity to work their will.... In a dramatic denouement, Democrats brought out Representative Al Green of Texas, still in a hospital gown from having undergone emergency surgery, to vote against the bill [to impeach Alejandro Mayorkas] after he had missed previous votes. That deadlocked the tally, dooming the impeachment effort, which required a simple majority to pass. [Speaker Mike Johnson] left the Capitol without addressing what appeared to be a calamitous miscalculation on the impeachment vote."

** Ha Ha Ha Ha Ha Ha Ha. Karoun Demirjian of the New York Times: "The United States House of Representatives rejected impeachment charges against Alejandro N. Mayorkas, the homeland security secretary, on Tuesday after a small group of Republicans broke with their party and refused to support what amounted to a partisan indictment of President Biden's immigration policies. The 216-214 dealt a stunning defeat to Speaker Mike Johnson, who had expressed confidence that he had the votes to charge Mr. Mayorkas with high crimes and misdemeanors for failing to lock down the United States border with Mexico amid a migrant surge, a move that Republicans have been promising for more than a year. In an extraordinary scene on the House floor, Republican leaders held the vote open for several minutes as they scrambled to corral the necessary votes to approve the charges, as Democrats jeered and yelled 'Order!' and the tally hovered at a tie. In the end, three Republican defections -- by Representatives Ken Buck of Colorado, Mike Gallagher of Wisconsin, and Tom McClintock of California -- were enough to sink the measure." This is the pinned item in a liveblog. MB: Looks as if the Johnson will bring up the Mayorkas impeachment for a vote again Wednesday.~~~

Update. Catie Edmondson: "Raj Shah, a spokesman for Speaker Johnson, says 'House Republicans fully intend to bring articles of impeachment against Secretary Mayorkas back to the floor when we have the votes for passage.' Assuming no one changes their vote, Republicans would be able to win a slim majority once Representative Steve Scalise of Louisiana, the No. 2 Republican, returns to Washington. He has been recovering from treatment for multiple myeloma and away from the Capitol for the past few weeks." (Also linked yesterday.)

     ~~~ CNN's liveblog of the impeachment vote is here. (Also linked yesterday.) An AP story is here.

Ha Ha Ha Ha Ha Ha Ha. Manu Raju, et al., of CNN: "The House on Tuesday failed to pass a standalone package for $17.6 billion in Israel aid amid opposition from both Republicans and Democratic leaders. Because of resistance among members of the conservative House Freedom Caucus, House Speaker Mike Johnson had been forced to bring up the bill under a procedure that requires two-thirds majority of the House to approve it. That means he needed the support of a sizable number of Democrats to get behind it, and failed to cross that threshold." MB: Apparently Johnson will try again on this one, too. (Also linked yesterday.) ~~~

~~~ "Clown Car Crashes into a Wall." Scott Lemieux in LG&$: "Congressional Republicans are refusing to do anything about the 'crisis' at the border because they don't actually care about the substance of the issue, as opposed to using it as a race-baiting political weapon. It is amazing, however, that House Republicans can't even whip the votes to do empty partisan symbolism over the issue[.]"

The Trials of Trump and the Trump Gang

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. -- Federal Appeals Court, in a unanimous decision, released Tuesday

Former President Trump's alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government. He allegedly injected himself into a process in which the President has no role -- the counting and certifying of the Electoral College votes -- thereby undermining constitutionally established procedures and the will of the Congress.

At bottom, former President Trump's stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches. Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter. - Ibid. ~~~

~~~ ** Adam Feuer & Charlie Savage of the New York Times: "A federal appeals court on Tuesday rejected ... Donald J. Trump's claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden. The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court -- possibly with an intermediate request to the full appeals court. Still, the panel's 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?... The panel said ... that the underlying case, which was put on hold by the trial judge in December, would remain suspended if Mr. Trump appealed its decision to the Supreme Court by Monday, Feb. 12." (Also linked yesterday.) ~~~

     ~~~ Marie: IOW, Trump cannot further delay his trial by appealing the three-judge panel's ruling to the full (en banc) D.C. Appeals court. According to Lisa Rubin of MSNBC, Trump can still appeal to the full appeals court, but the three judges' decision sends the case back to the trial judge as of next Tuesday, so motions and other court business can proceed. Update: Andrew Weissmann agrees with what I wrote: that Trump cannot take the intermediary step of asking for an en banc review by the appeals court; he must go directly to the Supremes -- and he has only a week to do so. ~~~

     ~~~ The ABC News report is here. And here is the ruling, via the Court. (Also linked yesterday.) ~~~

     ~~~ Marie: At bottom, it is ludicrous to even submit that the framers would have drawn up a Constitution rendering the head of the new government above the law when they had recently fought a bloody revolution to extricate the colonies from arbitrary laws imposed by a "Tyrant" king "who repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States."

     ~~~ Marie, Ctd: Two things struck me about the ruling, which I haven't heard anyone else mention (though surely others have). (1) The judges strongly implied that Trump was guilty when they wrote, "Former President Trump's alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government." We've all seen or read enough of the evidence to know that Trump did what he is alleged to have done. (2) The judges on the panel were all women, One White, one Black, on Asian. Misogynist Trump must be livid that three women -- including two of color -- have made a mockery of his assertion he is above the law. ~~~

~~~ Charlie Savage of the New York Times: "... in an opinion on Tuesday eviscerating [Trump's] assertion [that he was immune from criminal prosecution in perpetuity], three federal appeals court judges portrayed his position as not only wrong on the law but also repellent.... The 57-page opinion was issued on behalf of all three members of a panel of the United States Court of Appeals for the District of Columbia Circuit. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes. The ruling systematically weighed and forcefully rejected each of Mr. Trump's arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court -- to which Mr. Trump is widely expected to appeal -- will decide there is any need for it to take up the case." ~~~

~~ Aaron Blake of the Washington Post with some takeaways from the decision: "1. The decision was full-throated[.]... In repeatedly knocking down [Trump's] claims to immunity, they served notice that it wasn't a particularly close call.... They said there was 'no functional justification' for finding Trump immune.... 2. It used Trump's and his lawyers' own words against him[.]... They noted that Trump's own impeachment lawyers granted that he could still be criminally charged even if acquitted by the Senate. One of those lawyers said the criminal courts were actually the more appropriate venue, given that Trump was a former president at that point.... 3. It hamstrings Trump's efforts to delay[.]... They put their ruling on hold only until Monday, and it would remain on hold only if Trump appeals to the Supreme Court.... 4. It has implications for a second Trump term[.]... They gestured at the idea that a president could even use this immunity to cling to power by breaking the law."

     ~~~ Marie: And another thing. Clarence Thomas, husband of insurrectionist Ginni -- who even attended the rally at the Ellipse -- would be obligated to recuse himself from any vote on how the Supremes address Trump's appeal, IF the Supremes were bound by any meaningful code of ethics. But it isn't and he won't. ~~~

     ~~~ (Update. Tobi Raji of the Washington Post looks at the matter of a Thomas recusal, but in relation to the Fourteen Amendment case, which the Supreme Court will hear Thursday. One thing she found: "... the court did not indicate when it took the Colorado ballot case that Thomas, or any justice, would sit out -- which means it is almost certain that all will participate.")

~~~ Khalada Rahman of Newsweek, republished by MSN: "Donald Trump has claimed that every president will be 'immediately indicted' by the opposing party after leaving office if they are not granted immunity.... 'IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY,' Trump wrote on his Truth Social platform on Monday night. 'WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!'" MB: No, Donald, only a corrupt DOJ would automatically and "immediately" indict a former president without cause. I wonder if the Appeals Court gave Trump's attorneys a heads-up yesterday that their ruling was coming Tuesday, because Trumpaloony certainly seemed exercised Monday night. (Also linked yesterday.) ~~~

     ~~~ Marie: If this is true, how come it's never happened in the roughly 225 years of our little experiment in democracy? This sounds more like a promise that if the courts don't give Trump absolute immunity and if he is re-elected, he will make sure Joe Biden is "IMMEDIATELY INDICTED BY THE OPPOSING PARTY."

Luke Broadwater of the New York Times: "More than 60 Republicans -- led by Representative Matt Gaetz of Florida and Representative Elise Stefanik of New York -- said on Tuesday that they had signed onto a resolution declaring that [Donald] Trump 'did not engage in insurrection.'... The measure aims to influence courts and state election officials who are weighing whether Mr. Trump is eligible to hold office under the 14th Amendment's ban on insurrectionists.... Senator J.D. Vance, Republican of Ohio, is introducing a companion measure in the Senate.... Michael Fanone, a former District of Columbia police officer who was badly injured in the mob violence of Jan. 6..., [wrote in a statement,] '... no piece of paper signed by a group of spineless extremists will ever change the facts about that dark day.... The insurrection was violent, it was deadly and it will happen again if we do not expunge the MAGA ideology that stoked the flames of insurrection in the first place.'" The Hill's story is here. ~~~

     ~~~ Marie: This little resolution on a revolution appears to me to do two things not stated by the instigators: (1) Cover their asses, because most of them were implicated in the insurrection (in fact, some asked Trump for pardons, which he did not grant). (2) Provide Trump with a list of "loyal" members of Congress (and, implicitly "disloyal" members).

Keven Breuninger of CNBC: "The New York judge set to deliver a verdict in the civil business fraud trial of Donald Trump has ordered attorneys in the case to give him details about possible perjury by former Trump Organization Chief Financial Officer Allen Weisselberg. Judge Arthur Engoron, in an email to the attorneys made public Tuesday, said that if Weisselberg had lied in one aspect of his testimony, the judge might disregard anything Weisselberg has said on the witness stand or to investigators. Engoron flagged a New York Times report last week that said Weisselberg is negotiating a deal with the Manhattan District Attorney's Office that would require him to plead guilty to perjury. That report, which cited people with knowledge of the matter, said that Weisselberg would have to admit that he lied during his testimony at Trump's fraud trial in Manhattan Supreme Court. Weisselberg, 76, would also have to say he lied under oath during an interview with the office of New York Attorney General Letitia James, the Times reported." (Also linked yesterday.) The New York Times story is here.

Colin Kalmbacher of Law & Crime: "Former U.S. Department of Justice attorney Jeffrey Clark lost a bid to delay attorney disciplinary hearings over his efforts to help Donald Trump overturn the results of the 2020 presidential election, an appellate court in Washington, D.C., ruled Tuesday morning. The D.C. Bar Office of Disciplinary Counsel filed ethics charges against Clark in July 2022. Those proceedings have been paused for several months as the result of various appeals. Clark motioned to have the case against him removed to a federal court in October 2022. A federal judge denied that request in June 2023 in an opinion finding federal courts have no jurisdiction over attorney licensing disputes."

Matthew Chapman of the Raw Story: "A political fundraising committee tied to ... Donald Trump has diverted $2.3 million to pay the legal bills of former first daughter Ivanka Trump, reported Business Insider on Tuesday. 'The group, called Save America PAC, spent a combined $2.3 million in 2023 for two law firms that represented Ivanka Trump, his eldest daughter, according to a Business Insider review of Federal Election Commission records,' reported Jacob Sherman. 'The PAC spent an additional $5.3 million on the law firm Robert & Robert, which represented his three eldest children -- Ivanka Trump, Eric Trump, and Donald Trump, Jr. -- as well as the Trump Organization in an array of lawsuits that have no apparent relation to Trump's campaign to retake the presidency in the 2024 election.'"

Johnny Diaz of the New York Times: "A security officer who had worked as a contractor for the State Department was arrested on federal charges on Tuesday in connection with his participation in the breach of the U.S. Capitol on Jan. 6, 2021, the authorities said. The employee, Kevin Michael Alstrup, was arrested in Washington on charges of entering and remaining in a restricted building; disorderly and disruptive conduct; and picketing or parading in the Capitol building, according to an arrest warrant that was filed in U.S. District Court for the District of Columbia." The NBC News story is here.

Presidential Race + RNC

Nevada Primary. Alex Seitz-Wald of NBC News: "President Joe Biden easily won Nevada's Democratic presidential primary Tuesday night, NBC News projects.... Rep. Dean Phillips, the Minnesota Democrat running a long-shot primary challenge against Biden, entered the race too late to get on the ballot in Nevada, meaning self-help author Marianne Williamson was Biden's best-known challenger in Tuesday's contest. Biden is on track to win the vast majority of the vote, with Williamson finishing far behind him, just as she did in the two previous contests, in New Hampshire and South Carolina." ~~~

~~~ Nevada Primary. Haley Loses to None-of-the-Above. Kellen Browning of the New York Times: "Nikki Haley was outvoted in Nevada's Republican presidential primary by a 'None of These Candidates' option on the ballot on Tuesday, according to The Associated Press, an embarrassment in a contest in which she faced no direct competition. The primary, which awards no delegates, had seemed like a foregone conclusion, as ... Donald J. Trump chose not to take part. On Thursday, he will instead participate in party-run caucuses where all of the state's 26 delegates will be awarded, a choice by Nevada Republicans that complicated the process and rendered the primary basically irrelevant. As the top vote-getter after 'None of These Candidates,' Ms. Haley is still expected to be declared the victor, according to the secretary of state's office, which pointed to a state election law that says 'only votes cast for the named candidates shall be counted' when determining the result.... Supporters of Mr. Trump in Nevada, including Gov. Joe Lombardo, had advocated selecting 'None of These Candidates' on the primary ballot as a protest vote against Ms. Haley."

Maggie Haberman, et al., of the New York Times: "The chairwoman of the Republican National Committee, Ronna McDaniel, has told ... Donald J. Trump she is planning to step down shortly after the South Carolina primary on Feb. 24, according to two people familiar with the plans. Mr. Trump is then likely to promote the chairman of the North Carolina Republican Party, Michael Whatley, as her replacement, according to several people.... Under the arcana of the committee's rules, however, Mr. Trump cannot simply install someone. A new election must take place, and Mr. Whatley could face internal party dissent. Ms. McDaniel has faced months of pressure, a campaign from Trump-allied forces to unseat her and growing dissatisfaction and anxiety in the Trump camp about the strained finances of the R.N.C.... Mr. Trump likes Mr. Whatley for one overwhelming reason...: He is 'a stop the steal guy,' as one of the people described him. He endorses Mr. Trump's false claims about mass voter fraud and Mr. Trump believes he did a good job delivering North Carolina, a 2020 swing state, to him." Politico's story is here.


Maxine Joselow
of the Washington Post: "The Environmental Protection Agency is strengthening limits on fine particulate matter, one of the nation's most widespread deadly air pollutants, prompting praise from public health experts and backlash from business groups. The stricter standards could prevent thousands of premature deaths, particularly in communities of color where people have breathed unhealthy air for decades. While business groups don't dispute these enormous health benefits, they argue that the standards could cause major economic upheaval by erasing manufacturing jobs across the country. The rule illustrates the challenges facing the Biden administration as it balances two priorities: Reducing pollution in overburdened communities and reviving U.S. manufacturing."

Michael Schmidt of the New York Times: "When ... Donald J. Trump, in his final hours in the White House in early 2021, commuted a 10-year drug smuggling sentence being served by a New Yorker named Jonathan Braun, he made no mention of Mr. Braun's many other legal problems. Months earlier, the Federal Trade Commission and the New York State attorney general had filed suits against Mr. Braun saying he swindled and intimidated borrowers who had taken money from a network of predatory lenders he ran, charging usurious interest rates and making violent threats. On Tuesday, a federal judge in New York imposed $20 million in fines on Mr. Braun after finding him liable for the accusations made by the trade commission. Judge Jed S. Rakoff of the Federal District Court in Manhattan excoriated Mr. Braun in the ruling, depicting him as a hardened, craven man who 'gleefully, with little remorse,' boasted about his illegal conduct and treated it as a 'laughing matter' as he threatened the business owners he gouged." (Also linked yesterday.)

Annals of "Journalism," Ha Ha Ha. Anton Troianovski, et al., of the New York Times: "Tucker Carlson, the former Fox News host, has interviewed President Vladimir V. Putin of Russia, the Kremlin said on Wednesday, a sign that the Russian leader is seeking to make a direct appeal to American conservatives as U.S. aid to Ukraine hangs in the balance.... Mr. Carlson has been in Moscow for several days, according to Russian state media, which has delivered a blow-by-blow account of his visit.... 'We're here to interview the president of Russia, Vladimir Putin,' Mr. Carlson said in a video apparently shot from a high-rise building in central Moscow and posted to the social media network X. 'We'll be doing that soon.'... In promoting the expected interview, Mr. Carlson falsely asserted that he was alone among Western media figures in trying to interview Mr. Putin." ~~~

     ~~~ Marie: Well, now, I might have to take back all the nasty things I've said about TuKKKer. It takes guts to even enter a high-rise in Moscow, much less publicize one's whereabouts. Luckily for our hero, he has managed to avert an assisted leap from the window. So far.

~~~~~~~~~~

Michigan. Ed White of the AP: "A Michigan jury convicted a school shooter's mother of involuntary manslaughter Tuesday in a first-of-its-kind trial to determine whether she had any responsibility in the deaths of four students in 2021. Prosecutors say Jennifer Crumbley was grossly negligent when she failed to tell Oxford High School that the family had guns, including a 9 mm handgun that her son, Ethan Crumbley, used at a shooting range on the weekend before the Nov. 30, 2021, attack." (Also linked yesterday.)

~~~~~~~~~~

Israel/Palestine, et al. The Washington Post's live updates of developments Wednesday in the Israel/Hamas war are here: "Secretary of State Antony Blinken met with Israeli Prime Minister Benjamin Netanyahu in Jerusalem, on a visit to discuss a possible deal to release the Israeli hostages held by Hamas in Gaza in return for an extended pause in fighting. Hamas officials confirmed on Wednesday that the group's latest response to a cease-fire proposal included hostage releases in three phrases, an initial 45-day pause in fighting and the complete withdrawal of Israeli forces from Gaza.... Blinken said he would discuss Hamas's response with top Israeli officials on Wednesday, on his fifth visit to the region since the war in Gaza began.... Hamas floated the response to a broad framework negotiated among the United States, Qatar and Egypt, with participation by Israel. Blinken said there was 'a lot of work to be done,' while Qatar's prime minister said Hamas's response to the proposal was generally positive. Netanyahu has adamantly refused to consider a permanent cease-fire."