The Conversation -- September 12, 2023

Rebecca Kaplan & Summer Concepcion of NBC News: "House Speaker Kevin McCarthy, R-Calif., plans to endorse an impeachment inquiry into President Joe Biden in an effort to seek bank records and other documents from the president and his son Hunter Biden, two Republican sources familiar with the speaker's intentions told NBC News. McCarthy plans to tell lawmakers this week that it's a 'logical next step' of the GOP-led investigations that have been going on for months, according to two sources. House Judiciary Committee Chairman Jim Jordan, R-Ohio, and House Oversight Committee Chairman James Comer, R-Ky., will give members an update in a meeting of the House Republican Conference on Thursday morning, the sources said." ~~~

     ~~~ Marie: The "logical next step" to a couple of clowns coming up with no evidence of wrongdoing in their months-long sideshow is to send the clowns back to their trailers; it is not to put them in the center ring. They have no shame. ~~~

     ~~~ Update. Haley Talbot, et al., of CNN: "House Speaker Kevin McCarthy announced Tuesday that he endorsed launching a formal impeachment inquiry into President Joe Biden." According to NBC News reporters who were trying to figure out what it is McCarthy is "endorsing," a House vote is required to open an impeachment inquiry, and it isn't clear McCarthy has the votes to pull that off. In the meantime, an "impeachment inquiry" doesn't mean much. Update Update: Manu Raju of CNN says McCarthy has given up on trying to get a vote, as he had previously said was necessary, and is now going ahead with an "impeachment inquiry" under the direction of Jim Comer, with assistance from Jim Jordan & Jason Smith (chair of the House Ways and Means Committee). Expect a spectacle, one which at this point doesn't even have the support of the GOP caucus. ~~~

     ~~~ Update. Carl Hulse, et al., of the New York Times: "Mr. McCarthy's decision to unilaterally announce an impeachment investigation with no formal House vote entwined the Republican investigations into Mr. Biden with the funding fight that is rattling the Capitol. It appeared to be a bid to quell a brewing rebellion among ultraconservative critics who have accused the speaker of not taking a hard enough line on spending, by complying with their demands to more aggressively pursue the president. Mr. McCarthy said he would task three committees -- Oversight, Judiciary, and Ways and Means -- with carrying out the inquiry into the president and his family as Republicans hunt for evidence of financial wrongdoing or corruption. After months of digging, Republicans have found no such proof.... Mr. McCarthy's announcement appeared to clear the way for House investigators to issue subpoenas for the bank records of Mr. Biden and his family members.... Tuesday's move was a break with the past and a major change in strategy for Mr. McCarthy, who previously indicated that he believed the full House should vote on whether to move forward with an impeachment inquiry." ~~~

~~~ Meredith McGraw & Alex Isenstadt of Politico: "Donald Trump has been weighing in behind the scenes in support of the House GOP push to impeach President Joe Biden, including talking with a member of leadership in the lead up to Tuesday's announcement authorizing a formal impeachment inquiry. The former president has been speaking weekly with House GOP Conference Chair Elise Stefanik, who was the first member of Republican leadership to come out in support of impeachment. The two spoke Tuesday, after House Speaker Kevin McCarthy announced Republicans would be pursuing the inquiry, according to two people familiar with the conversation.... On Sunday night, Trump had dinner at his golf club in Bedminster, N.J., with Rep. Marjorie Taylor Greene (R-Ga.), an ally of Trump and McCarthy. At the gathering, the topic of impeachment was discussed, according to a person familiar with the conversation.... Late last month [Trump] wrote on Truth Social: 'Either IMPEACH the BUM, or fade into OBLIVION. THEY DID IT TO US.' But the extent of his private involvement ... shows the influence he continues to wield inside the party as its likely presidential nominee."

Marshall Cohen of CNN: "A liberal group filed a lawsuit Tuesday to block ... Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment's arcane 'insurrectionist ban.' The cases are seen as legal long shots.... The lawsuit was filed on behalf of eight Minnesota voters, including a former GOP-appointed state Supreme Court justice, a former Democratic secretary of state and an Iraq War veteran who ran his county GOP chapter. Minnesota Secretary of State Steve Simon, a Democrat, acknowledged in a statement last week that Minnesotans have the right under state law to challenge in court a candidate's eligibility for office, and pledged to 'honor the outcome of that process.'" ~~~

     ~~~ Marie: I hear people on the teevee argue that efforts to disallow Trump a place on the ballot are undemocratic and we must "let the people decide" if Trump should be president*. A couple of decades ago, many Republicans wished Arnold Schwarzenegger, the governor of California, were allowed to run for president even though Schwarzenegger was born in Austria and therefore not eligible under the Constitution to become president. There was a bit of grumbling, but nobody claimed Arnold's fate should be decided by the voters. The Fourteen Amendment restriction is essentially the same thing, only with the added wrinkle that somebody (unspecified by the Constitution) has to decide whether or not Trump is disqualified under this restriction. I suspect the reason the framers of the Fourteenth Amendment did not specify the mechanism for disqualification is that the presidential election is run by the states -- not the federal government -- and the process of disqualification will vary state-by-state, according to each state's unique laws.

Ryan Reilly of NBC News: "A host of the far-right media outlet InfoWars was sentenced Tuesday to 60 days in prison for his role in the Jan. 6 attack on the U.S. Capitol. Owen Shroyer is one of only a handful of Jan. 6 participants charged with a crime despite neither entering the Capitol building nor being accused of committing violence or destruction on Capitol grounds.... The conspiracy theorist was with Alex Jones on the grounds of the Capitol.... Prosecutors charged Shroyer because he had previously signed a deferred prosecution agreement after interrupting a congressional hearing in 2019 and had agreed as part of that case not to utter 'loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds.'"

Kim Tong-Hyung of the AP: "Joined by his top military officials handling his nuclear-capable weapons and munitions factories, North Korean leader Kim Jong Un arrived in Russia on Tuesday, where he is expected to hold a rare meeting with President Vladimir Putin that has sparked Western concerns about a potential arms deal for Moscow's war in Ukraine.... Kremlin spokesperson Dmitry Peskov said that Putin and Kim will lead their delegations in talks and could also meet 'one-on-one if necessary.' He added that Putin will host an official dinner for Kim."

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Donald Judd of CNN: "President Joe Biden marked the 22nd anniversary of the September 11, 2001, terrorist attacks on Monday, telling servicemembers gathered in Anchorage, 'terrorism -- including political and ideological violence -- is the opposite of all we stand for as a nation.... We must not succumb to the poisonous politics of difference and division, must never allow ourselves to be pulled apart attending manufactured grievances, we must continue to stand united,' he said. 'We all have an obligation, a duty, a responsibility to defend, to preserve, to protect our democracy.' Biden, who has previously marked 9/11 with visits to sites in Shanksville, Pennsylvania, the Pentagon, and Ground Zero in New York acknowledged that though Elmendorf Air Force Base is not 'located at Ground Zero, we know the distance did not dull or diminish the pain we felt across the nation of September 11.' Biden was speaking at the base as he traveled back from Hanoi, Vietnam, his final stop on a whirlwind trip to Asia to meet with Vietnamese leaders and attend the G-20 summit in New Delhi."

Claire Fahy of the New York Times: "Mourners gathered in grief in Lower Manhattan on Monday, hugging each other and fighting back tears as they remembered their loved ones who died on Sept. 11, 2001. Attendees of the ceremony commemorating the 22nd anniversary of the worst terrorist attack on American soil sat on folding chairs and leaned against trees as flute music filled the air and relatives of those who died read their names aloud -- a ritual that has remained virtually unchanged for more than two decades. Some wore T-shirts emblazoned with photos of their lost loved ones, while others carried posters or framed pictures. Many brought flowers and flags. The families were joined by a number of notable politicians, including Vice President Kamala Harris; Senators Chuck Schumer and Kirsten Gillibrand of New York; Gov. Kathy Hochul of New York; Eric Adams, New York City's mayor; and Bill de Blasio and Michael Bloomberg, Mr. Adams's two most immediate predecessors. Gov. Ron DeSantis of Florida ... also made a brief appearance. Mr. Adams, who was a police lieutenant at the time of the attacks, told CBS News in an interview that he had gone to ground zero that day, and was struck by the 'eerie stillness.'" (Also linked yesterday.) ~~~

     ~~~ Marie: Uh, where was America's Mayor? At the end of yesterday's Comments thread, Akhilleus had a suggestion on Rudy's whereabouts.

The Trials of the Trump Crime Family

The Perp.Time to File Some Frivolous Motions. Richard Fausset & Danny Hakim of the New York Times: "... Donald J. Trump asked a judge on Monday to throw out most of the 13 charges against him in the wide-ranging election interference indictment handed up by a grand jury last month in Georgia. The one-page motion from Mr. Trump's Georgia lawyer, Steven H. Sadow, refers to a more expansive motion also filed on Monday by one of Mr. Trump's 18 co-defendants in the Georgia case, the lawyer Ray Smith III. That motion gives a detailed critique of the 98-page indictment, arguing that its 'defects' are 'voluminous,' and that it is legally unsound." IOW, Trump is too cheap to file his own real motion; he's just piggybacking onto a motion filed by one of his gang.

Marie: Remember that old joke about the astronaut who came back from outer space and a reporter asked him if he had seen God. The astronaut replied, "Yes, and she's Black." Well, Donald Trump doesn't think that's funny, especially when it comes to his own Judgment Day: ~~~

~~~ Fin Gomez & Graham Kates of CBS News: "In a filing Monday, [Donald Trump's attorneys] argued that Judge Tanya Chutkan should recuse herself from the case for previous statements they say give the appearance of bias. They did not outright accuse Chutkan of being biased against Trump, but highlighted statements they claimed 'create a perception of prejudgment incompatible with our justice system.... Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying,' Trump's attorneys wrote in the filing.... Trump's filing highlights several instances during hearings related to defendants in Jan. 6 riot cases in which Trump's attorneys say Chutkan appeared critical of the former president.... The only case in which Trump has not sought a new judge or jurisdiction is one in which" he appointed the judge (Aileen Cannon). The New York Times story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: Appearing on MSNBC, Andrew Weissmann & Neal Katyal didn't think much of Trump's motion, especially inasmuch as federal judges are required to cite reasons for their sentencing decisions.

"The Big One." Marc Elias in Democracy Docket: Missing in the indictments of Donald Trump for attempting to overturn the 2020 presidential election: "Trump's audacious effort to enlist the U.S. Supreme Court in throwing out the election results in four key battleground states. At the time, Trump called the case 'the big one.' If successful, this one lawsuit would have disenfranchised more than 20 million voters across Georgia, Michigan, Pennsylvania and Wisconsin and changed the results of the election.... It was filed by the state of Texas, not gadfly lawyers. It was brought in the name of the state, signed by the state's attorney general with the support of the governor.... Other than the events that took place on Jan. 6, the Texas case was the most profoundly anti-democratic act in the post-election period. The use of state resources and official imprimatur to traffic in false information and overturn an election was a precursor to the fake elector schemes and Jeffrey Clark's attempt to use government resources to overturn Georgia's election results. Most importantly, the Texas case galvanized the Republican political and legal community behind Trump's plan to steal the election. Within two days, 17 other states -- represented by their state's lawyers -- filed a legal brief in support of Texas. Not to be outdone, 106 Republican members of Congress filed their own brief, also supporting Texas." Read on. (Also linked yesterday.) ~~~

     ~~~ Marie: Elias doesn't say so, but the Supremes threw out the case: Emma Platoff of the Texas Tribune (Dec. 2020): "... the U.S. Supreme Court ... tossed out the Texas lawsuit that had become a vehicle for Republicans across the country to contest President-elect Joe Biden's victory. In a few brief sentences, the high court said it would not consider the case.... 'Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,' the court wrote in an unsigned ruling Friday evening. Justices Samuel Alito and Clarence Thomas indicated they would have allowed Texas to bring the case but said they would 'not grant other relief.' None of Trump's appointees indicated they saw any merit in the lawsuit."

MEANWHILE, Down Florida Way, Judge Aileen Is Slow-waltzing with the One Who Brung Her. David Kurtz of TPM: "Welp, we're coming up on a month since U.S. District Judge Aileen Cannon issued any meaningful orders or rulings in the Mar-a-Lago documents case -- and frankly that's a generous application of the word 'meaningful.' Back on Aug. 17, Cannon did issue an order but it was more notable for kicking the can on the case than actually moving it forward. And since then, very little has happened in the Mar-a-Lago case.... Here's what Cannon still hasn't done: 1. Issued a protective order covering the handling of classified documents in the case. 2. Held Garcia hearings on the potential conflicts of interest facing two of the defense counsel in the case. But it's actually even a little worse than that: Cannon hasn't even scheduled hearings on these matters yet, even though they've been pending in one form or another for weeks.... Cannon hasn't held a hearing in the case since July 18."

Michael Kunzelman of the AP: "One of three active-duty Marines who stormed the U.S. Capitol together was sentenced on Monday to probation and 279 hours of community service -- one hour for every Marine who was killed or wounded fighting in the Civil War. U.S. District Judge Ana Reyes said she can't fathom why Dodge Hellonen violated his oath to protect the Constitution 'against all enemies, foreign and domestic' -- and risked his career -- by joining the Jan. 6, 2021, riot that disrupted Congress from certifying President Joe Biden's 2020 electoral victory."

** Heidi Przybyla of Politico: Citizens United "upended nearly 100 years of campaign spending restrictions." Before the decision came down, Ginni Thomas, Leonard Leo & Harlan Crow were ready for it, creating an organization where the initial goals were to block President Obama's agenda, mainly Obamacare. "From those early discussions among Leo, Thomas and Crow would spring a billion-dollar force that has helped remake the judiciary and overturn longstanding legal precedents on abortion, affirmative action and many other issues. It funded legal scholars to devise theories to challenge liberal precedents, helped to elect state attorneys general willing to apply those theories and launched lavish campaigns for conservative judicial nominees who would cite those theories in their rulings from the bench. The movement's triumphs are now visible but its engine remains hidden: A billion-dollar network of groups, most of which are registered as tax-exempt charities or social welfare organizations. Taking advantage of gaps in disclosure laws, they shield the identities of most of their donors and some of the recipients of the funds." They also hide whether or not some of the principals are "using charities for personal enrichment" and whether or not principals like Ginni Thomas are doing any work for the payments they receive. MB: If wingers are dumb, it might be because of inbreeding. This is a truly incestuous bunch. (Also linked yesterday.) ~~~

     ~~~ Marie: Ginni and her Courtly hubbie most likely file a joint return, so -- as Lawrence O'Donnell pointed out last night -- Ginni's income is Clarence's income. Sen. Sheldon Whitehouse (D-R.I.) emphasized that the purpose of setting up these dummy corporations, who compensate Ginni (& Leonard), is to hide the real sources of their income so that Clarence's conflicts-of-interest are entirely opaque.

Eugene Robinson of the Washington Post: Elon "Musk has acknowledged that he refused a request from the Ukrainian military last September to activate the Starlink satellite communications network, operated by the Musk-founded SpaceX, over Russian-occupied Crimea.... The Ukrainians' 'obvious intent' was 'to sink most of the Russian fleet at anchor,' Musk posted last week on X.... An impulsive billionaire, unsure of whether he wants to be a superhero or a Bond villain, should not have been in a position to make that call. No private citizen should be making such unilateral decisions about our national security.... The U.S. government should deploy its own low-Earth-orbit satellite array, whose use would be determined by the president and the military chain of command." ~~~

     ~~~ ** Marie: And that's not all. Musk has cut off Ukraine military communications in much of the area of Ukraine that Russia "annexed" in 2014 and/or controls now. As Rachel Maddow laid out last night, Musk had just spoken with the Russian ambassador to the U.S. before he made that particular decision to cut off the Ukraine military's communications system. Ronan Farrow the New Yorker wrote that Musk also spoke to Vladimir Putin. Musk also has -- and uses -- access to Ukraine's military communications. Musk is a naturalized American citizen. This sounds to me like old-fashioned, Constitutionally-defined treason. Musk is undermining U.S. national security interest during an armed conflict. Not only that, Musk's ability to undermine U.S. and Ukrainian interests is unique. I won't deny that arms-manufacturing giants like Lockheed Martin & Northrop Grumman can influence American military interests by their ability or failure to timely produce weapons & defense technology the Pentagon orders. But that's a far, far different thing from deciding when and where the U.S. and its allies can use those defense products. Something is fundamentally wrong when a wacky private citizen -- on his own quixotic whims and under the influence of an enemy combatant -- can make battlefield decisions.

Laurie McGinley & Lena Sun of the Washington Post: "The Food and Drug Administration on Monday approved a reformulated coronavirus vaccine in a bid to provide increased protection ahead of cooler weather -- even as the nation endures a late-summer uptick of covid-19 cases and hospitalizations. The shots, which target an omicron subvariant and were cleared for anyone 6 months and older, are manufactured by Moderna and by Pfizer and its German partner, BioNTech. If the Centers for Disease Control and Prevention signs off Tuesday, injections could be available in pharmacies, clinics and doctor's offices by the end of the week." This article is free to nonsubscribers. (Also linked yesterday.) ~~~

     ~~~ Here's the FDA's press release. (Also linked yesterday.)

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Virginia. Laura Vozzella of the Washington Post: "A Democrat running for a crucial seat in Virginia's House of Delegates performed sex acts with her husband for a live online audience and encouraged viewers to pay them with 'tips' for specific requests, according to online videos viewed by The Washington Post. Susanna Gibson, a nurse practitioner and mother of two young children running in a highly competitive suburban Richmond district, streamed sex acts on Chaturbate, a platform that says it takes its name from 'the act of masturbating while chatting online.'... In a written statement, Gibson called the exposure of the videos 'an illegal invasion of my privacy designed to humiliate me and my family.'... Daniel P. Watkins, a lawyer for Gibson, said disseminating the videos constitutes a violation of the state's revenge porn law, which makes it a Class 1 misdemeanor to 'maliciously' distribute nude or sexual images of another person with 'intent to coerce, harass, or intimidate.'... The Republican operative who alerted The Post to the videos denied any connection to the ... campaign [of Gibson's rival] or other groups active in Virginia elections this year." The AP's story is here.

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Morocco. Loveday Morris & Annabelle Timsit of the Washington Post: "Governments far and wide have offered aid to Morocco following a 6.8-magnitude earthquake that has left more than 2,500 people dead and thousands injured and displaced. But, to the bafflement of officials abroad, Morocco has been slow to accept support.... The Moroccan Interior Ministry said in a statement Sunday that it would initially accept search-and-rescue teams only from Britain, Qatar, Spain and the United Arab Emirates -- which it called 'friendly countries' -- after taking into account the 'needs of the field.' But Morocco also appeared slow to take up offers of broader humanitarian and technical assistance."

News Ledes

Libya. New York Times: "Thousands of people have been killed in Libya in the flooding caused by heavy rains that devastated parts of the country this weekend, a disaster exacerbated by the collapse of two dams in the coastal city of Derna, aid agencies said on Tuesday. Tamer Ramadan, head of the International Federation of Red Cross and Red Crescent Societies delegation in Libya, said the death toll from the flooding was expected to reach thousands in coming days. Speaking to reporters at a U.N. briefing via videoconference from Tunisia, he said 10,000 people were missing, and that those figures were based on reports from the Libyan Red Crescent on the ground."

New York Times: "The police in Pennsylvania said Danelo Cavalcante, a convicted murderer who escaped from a Pennsylvania prison more than 10 days ago, was armed and had been spotted again on Monday night.... Chester County's Department of Emergency Services issued a report of a shooting, with injuries, on Monday night.... But it was not immediately clear if the shooting, near Pughtown, Pa., had involved Mr. Cavalcante." ~~~

     ~~~ NBC News Update: "Escaped convict Danelo Cavalcante was shot at by a homeowner who found him in the garage stealing a rifle Monday night, authorities said.... The homeowner opened fire at the man, who was said by police to be Cavalcante, several times as he 'fled with the rifle.' Pennsylvania State Police responded to the scene within minutes but Cavalcante was gone. [George] Bivins [of the state police] said he believed Cavalcante was unharmed in the incident. A green sweatshirt and a white T-shirt believed to belong to the convict were found near the edge of the driveway of the home and the search perimeter was expanded to include that area. Earlier that evening, at 8 p.m. Monday, a motorist reported seeing a male crouched in the woodline along the south side of Fairview Road west at Route 100."

New York Times: "An American cave expert who became ill while he was more than 3,000 feet underground in a cave in Turkey, prompting an international rescue effort, was pulled safely from the cave soon after midnight Tuesday morning local time and immediately brought to a medical tent, the Speleological Federation of Turkey announced in a statement. While he was deep underground, the caver, Mark Dickey, 40, who is himself an expert cave rescuer, suffered gastrointestinal bleeding and lost three liters of blood. He was part of an expedition that was exploring the Morca cave, which he entered on Aug. 30."

The Conversation -- September 11, 2023

Marie: You know that old joke about the astronaut who came back from outer space and a reporter asked him if he had seen God. The astronaut replied, "Yes, and she's Black." Well, Donald Trump doesn't think that's funny, especially when it comes to his own Judgment Day: ~~~

~~~ Fin Gomez & Graham Kates of CBS News: "In a filing Monday, [Donald Trump's attorneys] argued that Judge Tanya Chutkan should recuse herself from the case for previous statements they say give the appearance of bias. They did not outright accuse Chutkan of being biased against Trump, but highlighted statements they claimed 'create a perception of prejudgment incompatible with our justice system.... Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying,' Trump's attorneys wrote in the filing.... Trump's filing highlights several instances during hearings related to defendants in Jan. 6 riot cases in which Trump's attorneys say Chutkan appeared critical of the former president.... The only case in which Trump has not sought a new judge or jurisdiction is one in which" he appointed the judge (Aileen Cannon). The New York Times story is here.

"The Big One." Marc Elias in Democracy Docket: Missing in the indictments of Donald Trump for attempting to overturn the 2020 presidential election: "Trump's audacious effort to enlist the U.S. Supreme Court in throwing out the election results in four key battleground states. At the time, Trump called the case 'the big one.' If successful, this one lawsuit would have disenfranchised more than 20 million voters across Georgia, Michigan, Pennsylvania and Wisconsin and changed the results of the election.... It was filed by the state of Texas, not gadfly lawyers. It was brought in the name of the state, signed by the state's attorney general with the support of the governor.... Other than the events that took place on Jan. 6, the Texas case was the most profoundly anti-democratic act in the post-election period. The use of state resources and official imprimatur to traffic in false information and overturn an election was a precursor to the fake elector schemes and Jeffrey Clark's attempt to use government resources to overturn Georgia's election results. Most importantly, the Texas case galvanized the Republican political and legal community behind Trump's plan to steal the election. Within two days, 17 other states -- represented by their state's lawyers -- filed a legal brief in support of Texas. Not to be outdone, 106 Republican members of Congress filed their own brief, also supporting Texas." Read on. ~~~

     ~~~ Marie: Elias doesn't say so, but the Supremes tnrew out the case: Emma Platoff of the Texas Tribune (Dec. 2020): "... the U.S. Supreme Court ... tossed out the Texas lawsuit that had become a vehicle for Republicans across the country to contest President-elect Joe Biden's victory. In a few brief sentences, the high court said it would not consider the case.... 'Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,' the court wrote in an unsigned ruling Friday evening. Justices Samuel Alito and Clarence Thomas indicated they would have allowed Texas to bring the case but said they would 'not grant other relief.' None of Trump's appointees indicated they saw any merit in the lawsuit."

** Heidi Przybyla of Politico: Citizens United "upended nearly 100 years of campaign spending restrictions." Before the decision came down, Ginni Thomas, Leonard Leo & Harlan Crow were ready for it, creating an organization where the initial goals were to block President Obama's agenda, mainly Obamacare. "From those early discussions among Leo, Thomas and Crow would spring a billion-dollar force that has helped remake the judiciary and overturn longstanding legal precedents on abortion, affirmative action and many other issues. It funded legal scholars to devise theories to challenge liberal precedents, helped to elect state attorneys general willing to apply those theories and launched lavish campaigns for conservative judicial nominees who would cite those theories in their rulings from the bench. The movement's triumphs are now visible but its engine remains hidden: A billion-dollar network of groups, most of which are registered as tax-exempt charities or social welfare organizations. Taking advantage of gaps in disclosure laws, they shield the identities of most of their donors and some of the recipients of the funds." They also hide whether or not some of the principals are "using charities for personal enrichment" and whether or not principals like Ginni Thomas are doing any work for the payments they receive. MB: If wingers are dumb, it might be because of inbreeding. This is a truly incestuous bunch.

Laurie McGinley & Lena Sun of the Washington Post: "The Food and Drug Administration on Monday approved a reformulated coronavirus vaccine in a bid to provide increased protection ahead of cooler weather -- even as the nation endures a late-summer uptick of covid-19 cases and hospitalizations. The shots, which target an omicron subvariant and were cleared for anyone 6 months and older, are manufactured by Moderna and by Pfizer and its German partner, BioNTech. If the Centers for Disease Control and Prevention signs off Tuesday, injections could be available in pharmacies, clinics and doctor's offices by the end of the week." This article is free to nonsubscribers. ~~~

     ~~~ Here's the FDA's press release.

Claire Fahy of the New York Times: "Mourners gathered in grief in Lower Manhattan on Monday, hugging each other and fighting back tears as they remembered their loved ones who died on Sept. 11, 2001. Attendees of the ceremony commemorating the 22nd anniversary of the worst terrorist attack on American soil sat on folding chairs and leaned against trees as flute music filled the air and relatives of those who died read their names aloud -- a ritual that has remained virtually unchanged for more than two decades. Some wore T-shirts emblazoned with photos of their lost loved ones, while others carried posters or framed pictures. Many brought flowers and flags. The families were joined by a number of notable politicians, including Vice President Kamala Harris; Senators Chuck Schumer and Kirsten Gillibrand of New York; Gov. Kathy Hochul of New York; Eric Adams, New York City's mayor; and Bill de Blasio and Michael Bloomberg, Mr. Adams's two most immediate predecessors. Gov. Ron DeSantis of Florida ... also made a brief appearance. Mr. Adams, who was a police lieutenant at the time of the attacks, told CBS News ... that he had gone to ground zero that day, and was struck by the 'eerie stillness.'" ~~~

     ~~~ Marie: Uh, where was America's Mayor?

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Jennifer Peltz of the AP: "Americans are looking back on the horror and legacy of 9/11, gathering Monday at memorials, firehouses, city halls and elsewhere to observe the 22nd anniversary of the deadliest terror attack on U.S. soil. Commemorations stretch from the attack sites -- at New York's World Trade Center, the Pentagon and Shanksville, Pennsylvania -- to Alaska and beyond. President Joe Biden is due at a ceremony on a military base in Anchorage."

Josh Boak & Aamer Madhani of the AP: "President Joe Biden closed a visit to Vietnam on Monday by spotlighting new business deals and partnerships between the two countries and paying respects at a memorial honoring his late friend and colleague Sen. John McCain , who endured a lengthy incarceration during the Vietnam War. Biden met with Prime Minister Phạm Minh Chính, who also accompanied the president to a quick drop by at a meeting of American and Vietnamese business leaders. Biden also sat down with President Võ Văn Thưởng, who hosted the U.S. president for a state luncheon of steamed codfish and Hanoian beef noodle soup. Biden spoke about strengthening Vietnam's semiconductor industry and his administration's commitment to an open Pacific."

Peter Baker & Katie Rogers of the New York Times: "President Biden cemented a new strategic relationship with Vietnam on Sunday, bringing two historical foes closer than they have ever been and putting the ghosts of the past behind them out of shared worry over China's mounting ambitions in the region. During a landmark visit to Hanoi by the American president, Vietnam's Communist Party leadership formally raised the country's ties to the United States to the highest level in Hanoi's diplomatic hierarchy, equivalent to those it has with Russia and China. Mr. Biden said the breakthrough was 'the beginning of even a greater era of cooperation' a half-century after American troops withdrew. 'Today, we can trace a 50-year arc of progress in the relationship between our nations, from conflict to normalization,' Mr. Biden said at a news conference after a meeting with Nguyen Phu Trong, the general secretary of the Communist Party of Vietnam. 'This is a new elevated status that will be a force for prosperity and security in one of the most consequential regions in the world.'"

Carl Hulse of the New York Times: "Congress is poised this week to dive into an epic fight over spending, as the Senate for the first time in years puts appropriations bills on the floor for debate and Speaker Kevin McCarthy tries to find his way out of a complex funding tangle that could ultimately threaten his leadership post. With less than three weeks remaining before government funding runs out on Sept. 30, Congress has not cleared any of its 12 annual appropriations bills, though there has been more progress than in the recent past. Given the rapidly approaching deadline, leaders of both the House and the Senate agree that a temporary stopgap funding measure will be needed to avert a government shutdown beginning Oct. 1. But that usually routine legislation is facing major obstacles in the Republican-led House, making its path to President Biden's desk unusually fraught." An AP story is here. ~~~

     ~~~ Sarah Ferris, et al., of Politico: "Kevin McCarthy is facing the greatest peril to his speakership since he clawed his way into the job eight months ago, with multiple factions of his party feuding and a looming revolt ahead during the battle to fund the government. Ultra-conservative members of the House GOP are talking in unsubtle terms about turning on McCarthy if he does not take a hard line in negotiations with the Senate and the Biden administration. More centrist Republicans, too, are increasingly fed up with McCarthy's efforts to placate the far right. They want him to stop giving ground to lawmakers they see as holding the party hostage to unrealistic demands."

AP: "The chairman of the House Foreign Affairs Committee is slamming a fellow Republican in the Senate for waging an unprecedented attempt to change Pentagon abortion policy by holding up hundreds of military nominations and promotions. Rep. Michael McCaul, R-Texas, told CNN's 'State of the Union' on Sunday that Alabama Sen. Tommy Tuberville is 'paralyzing the Department of Defense.'"

Alex Seitz-Wald of NBC News: "As three high-profile California Democrats vie to replace retiring Sen. Dianne Feinstein, Democratic Gov. Gavin Newsom said in an interview with NBC's 'Meet the Press' that he would not appoint any of them to the seat, should it become vacant sooner than expected.... In his most direct comments on the matter yet, Newsom said in the interview with Chuck Todd ... that he would instead make an 'interim appointment' to replace Feinstein if necessary. '... I don't want to get involved in the primary,' Newsom said. 'It would be completely unfair to the Democrats that have worked their tail off. That primary is just a matter of months away. I don't want to tip the balance of that.'"

Nicholas Riccardi of the AP: "Attorneys for ... Donald Trump moved a lawsuit seeking to bar him from running again for the White House from state to federal court in the first step of what promises to be a tangled legal battle that seems destined for the U.S. Supreme Court. The liberal group Citizens for Responsibility and Ethics in Washington filed the initial lawsuit on Wednesday in Colorado state court, arguing a Civil War-era clause prohibiting higher office for those who once swore an oath to the Constitution and then engaged in 'insurrection' prevents Trump from running in 2024. The initial state judge in Denver assigned the case recused himself for an unspecified conflict of interest, and then Trump's attorneys on Thursday moved the case to federal court -- asserting that the matter should be adjudicated at the federal level since it raises a constitutional issue. The plaintiffs in the case will argue it should first go back to state court, but both sides anticipate that ultimately the top echelons of the federal system will have to consider the issues the lawsuit raises."

Presidential Race 2024. Stephen Collinson of CNN: "Donald Trump is conjuring his most foreboding vision yet of a possible second term, telling supporters in language resonant of the run-up to the January 6 mob attack on the US Capitol that they need to 'fight like hell' or they will lose their country. The rhetorical escalation from the four-times-indicted ex-president came at a rally in South Dakota on Friday night where he accused his possible 2024 opponent, President Joe Biden, of ordering his indictment on 91 charges across four criminal cases as a form of election interference. 'I don't think there's ever been a darkness around our nation like there is now,' Trump said, in a dystopian speech in which he accused Democrats of allowing an 'invasion' of migrants over the southern border and of trying to restart Covid 'hysteria.'... Trump's strong lead in the primary shows there is a market for his brand of strongman theatrics. Millions of voters trust and admire him and have been persuaded both by his false claims that he won the 2020 election and that the criminal indictments he is facing are an attempt to persecute him for his political views."

Dan Balz of the Washington Post: "In a polarized United States, what divides Democrats and Republicans the most ... is the issue of race, whether in regard to the backgrounds of the voters who make up the two parties' coalitions, or the conflicting agendas and priorities each side advocates in the pursuit of power.... Lilliana Mason of Johns Hopkins University writes in ... a report produced by the American Political Science Association (APSA)..., 'The process of social sorting allowed the Republican Party to represent the interests of "traditional" white, Christian America while the Democratic Party was increasingly representing those who were still struggling to overturn centuries of social inequality. This type of divide is not easily corrected -- Democrats and Republicans have opposing visions of who should hold power in American society and how much progress has already been made.'" ~~~

     ~~~ Marie: Sorry, I don't think a person is really a Christian if he's a racist any more than a person who displays a Confederate flag is an American patriot.

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Dixieland. Gillian Brockell of the Washington Post: "A number of state flags still commemorate -- in ways both obvious and oblique -- the bloody attempt to create a permanent slave society.... Three state flags -- for Alabama, Florida and Tennessee -- contain elements reminiscent of the battle flag and were adopted during the Jim Crow era but otherwise lack historical proof of an intentional link.... [In 2020,] Mississippi became the last state to remove the Confederate battle flag from its state flag.... Seven state flags, including Maryland's, have documented links to the Confederacy and white supremacy. Here they are, ranked from least to most obvious...."

New Mexico. Edward Helmore of the Guardian & Agencies: "A pro-gun group is suing the New Mexico governor, Michelle Lujan Grisham, in an effort to block a 30-day emergency order suspending the right to carry firearms in public in Albuquerque's Bernalillo county issued last week after a spate of shootings."

News Ledes

Weather Channel: "Hurricane Lee continues to grow larger and its northward turn this week could eventually take it on a track that brings rain, wind and coastal flooding impacts to Bermuda, Atlantic Canada and eastern New England, but there remains a high amount of uncertainty in the forecast. The hurricane will send dangerous high surf and rip currents to the U.S. East Coast regardless of where it tracks over the next several days." ~~~

     ~~~ Washington Post: "Large and powerful Hurricane Lee is plowing across the Atlantic Ocean north of the Leeward Islands and there is an increasing likelihood that it will affect parts of eastern North America late this week. After it makes a hard turn to the north Wednesday, it could sideswipe Bermuda on Thursday before possibly bringing storm hazards to eastern New England."

Pennsylvania. AP: "Authorities say an escaped murderer who has eluded capture since breaking out of a southeastern Pennsylvania prison a week and a half ago slipped out of the search area, changed his appearance, stole a dairy delivery van, abandoning it miles away and remained at large. Lt. Col. George Bivens of the Pennsylvania State Police said Sunday that Danelo Souza Cavalcante stole the unlocked van which had the keys inside sometime Saturday night about three-quarters of a mile from the northern perimeter of the search area where hundreds of law enforcement officers had been searching for him.... The theft [of the van] wasn't noticed for hours, and in the meantime Cavalcante, 34, traveled more than 20 miles (32 kilometers) northeast to East Pikeland Township and Phoenixville. Shortly before 10 p.m. Saturday he went to an East Pikeland Township home of a person he had worked with several years ago and asked to meet with him, police said. The homeowner, who was at dinner with his family and didn't respond, called police after returning home and reviewing his doorbell video. Shortly after 10 p.m. Saturday, police said, Cavalcante went to the Phoenixville area home of another former work associate, who wasn't home, police said."

Morocco. AP: "People in Morocco slept in the streets of Marrakech for a third straight night as soldiers and international aid teams in trucks and helicopters began to fan into remote mountain towns hit hardest by a historic earthquake. The disaster killed more than 2,100 people -- a number that is expected to rise -- and the United Nations estimated that 300,000 people were affected by Friday night's magnitude 6.8 quake. Amid offers from several countries, including the United States and France, Moroccan officials said Sunday that they are accepting international aid from just four countries: Spain, Qatar, Britain and the United Arab Emirates."

The Conversation -- September 10, 2023

Matt Viser & Meryl Kornfield of the Washington Post: "President Biden gathered with some of the world's top leaders Sunday morning at a memorial site [in New Delhi] for Mohandas K. Gandhi, one of history's foremost independence figures known for espousing nonviolent resistance, at a time when the world's richest nations are consumed by debate over Russia's ongoing invasion of Ukraine.... Afterward, Biden departed for Hanoi for a 24-hour stop aimed at upgrading the diplomatic relationship between Vietnam and the United States in a way that could continue reorienting parts of the Asia-Pacific region as a counterbalance to China. It will be the first time that Biden, who has visited dozens of nations and whose generation was engulfed by the Vietnam War, sets foot in the country."

A Declaration Signifying Nothing (or at Least Not Much). Katie Rogers of the New York Times: "A painstakingly negotiated declaration Saturday evening at the Group of 20 summit in New Delhi omitted any condemnation of Russia's invasion of Ukraine or its brutal conduct of the war, instead lamenting the 'suffering' of the Ukrainian people. It was an eye opening departure from a similar document agreed to less than a year ago in Bali, when leaders acknowledged different views over the invasion but still issued a strong condemnation of the Russian invasion and called on Moscow to withdraw its troops.... [President] Biden and his advisers focused on what the new declaration had achieved: It included new language on the issue of global debt and on overhauling institutions like the World Bank to address the growing strains on poorer countries; an invitation to the African Union to join the G20; and a push for more financing to help vulnerable nations deal with the costs of dealing with climate change. The declaration also underscored the potential of digital technologies to increase inclusion in global economies."

Ben Protess, et al., of the New York Times: "One day in June of last year..., Yuscil Taveras..., who ran Mar-a-Lago's technology department from a cramped work space in the [resort's] basement..., confided in an office mate that another colleague had just asked him, at [Donald] Trump's request, to delete the [security] footage that [federal] investigators were seeking.... Before long, the story had ricocheted around the grounds ... and up the chain of command at Trump Tower in Manhattan, prompting Mr. Taveras's superiors in New York to warn against deleting the tapes.... Looking to steer clear of the investigation..., , when he was summoned before a grand jury this spring, Mr. Taveras did not fully recount the incident. Only after prosecutors subsequently threatened to charge him for failing to tell all that he knew did Mr. Taveras shift course to become a potentially important witness in the case.... This account of Mr. Taveras's turnabout ... reveals new details of the critical ... he played in helping investigators develop evidence that Mr. Trump and two aides allegedly plotted to destroy security footage showing boxes of classified materials being shuttled in and out of a storage room at Mar-a-Lago." ~~~

     ~~~ Marie: I'm happy to report that this is a Trump mob story in which a character is named Matt the Squids Junior. All Trump Crime Family stories should have more characters with names like that. I mean, "Mark Meadows" and "Jeffrey Clark" are so plain-vanilla borrr-ing. Rudy the Ghoul & Kenny the Cheese are much more in keeping with what I had in mind.

Ryan Reilly of NBC News: "The man who federal authorities say set off a brutal battle with police at the lower west tunnel of the U.S. Capitol on Jan. 6 was arrested Friday, nearly two years after he was identified by online sleuths. Gregory Mijares was identified by online 'Sedition Hunters' in 2021. An FBI affidavit said the bureau received a tip in October 2021, and then interviewed Mijares in March 2023. Mijares was arrested in Crown Point, Indiana, on Friday, according to court records, and charged with felony civil disorder along with two misdemeanor charges. Video footage shows Mijares was the first rioter to enter the Capitol through the lower west terrace doors on Jan. 6, 2021. The lower west terrace was the site of some of the worst violence at the Capitol that day. Several police officers sustained major injuries, and rioter Rosanne Boyland died amid the chaos.... Online sleuths were able to identify Mijares with the help of a photo posted by a journalist that shows him posing near the Capitol after the attack when he was not wearing his mask." MB: There's no indication in the story as to why it took authorities almost two years to arrest a guy who was believed to be such a prominent insurrectionist. P.S. Shouldn't the Sedition Hunters get some kind of award/reward for finding these perps?

A New Wrinkle in the Mystery of the 20th Century. Peter Baker of the New York Times: "Now, 60 years later, Paul Landis, one of the Secret Service agents just feet away from President John F. Kennedy on that fateful day in Dallas, is telling his story in full for the first time. And in at least one key respect, his account differs from the official version in a way that may change the understanding of what happened in Dealey Plaza.... Mr. Landis's account, included in a forthcoming memoir, would rewrite the narrative of one of modern American history's most earth-shattering days in an important way.... It could ... encourage those who have long suspected that there was more than one gunman in Dallas on Nov. 22, 1963, adding new grist to one of the nation's enduring mysteries.... [The single-bullet theory, embraced by the Warren Commission, rests on the assumption that] ... the bullet was found on a stretcher believed to have held [Texas Gov. John] Connally at Parkland Memorial Hospital.... But Mr. Landis, who was never interviewed by the Warren Commission, said that ... he was the one who found the bullet -- and he found it ... in the presidential limousine lodged in the back of the seat behind where Kennedy was sitting."

Elizabeth Spiers of the New York Times: "When Luis Rubiales, the president of Spain's soccer federation, faced global backlash for kissing Jenni Hermoso, a member of the Spanish team that won the Women's World Cup..., he executed a play that has proved to be a winner: He doubled down, insisting that he'd done nothing wrong, that it was mutual and that he was the victim of a 'witch hunt.'... There are ... many species of misogynists..., but Mr. Rubiales -- like Donald Trump, who did a similar maneuver when E. Jean Carroll accused him of rape -- represents a particularly insidious breed. These men cannot be shamed for their behavior..., because they fundamentally believe it is acceptable. They don't seem to understand that their victim is as human and complex as they are and has a will of her own. That's why they find it so hard to understand that anything short of rape can really be assault. 'He wasn't raping her,' Woody Allen recently said in Mr. Rubiales's dubious defense. 'It was just a kiss, and she was a friend. What's wrong with that?'"

Farhad Manjoo of the New York Times: "Wunderkind founders are revered [in Silicon Valley], [link fixed] growing old is considered a disease in need of a cure, and ageism is barely concealed. In 2007, a year before he became, at 23, the world's youngest self-made billionaire, [Mark] Zuckerberg said the quiet part out loud. 'Young people,' he told an audience at Stanford, 'are just smarter.' They arent, actually. The tech industry's hostility to aging 'continues to violate common sense,' Joseph Coughlin, the director of M.I.T.'s AgeLab, told me.... He said that companies in the auto industry, financial services, retail and other sectors are coming around to the emerging opportunities of the 'longevity economy,' the 1.6 billion people around the world who will be 65 or older by the year 2050. Silicon Valley remains a glaring exception." ~~~

     ~~~ Marie: I'll tell you who else suffers from ageism: whoever picked out the photo that accompanies this opinion piece: a scraggly-haired grizzled old man wearing a flannel shirt while sitting at a dated desktop computer in what looks like a dark & cluttered basement. The photo is insulting.

Maureen Dowd of the New York Times writes about her friendship with Jimmy Buffett. (Also linked yesterday.) ~~~

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New Mexico. Morgan Lee of the AP: "New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence. The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week. Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights." (Also linked yesterday.) ~~~

     ~~~ Marie: Might be a good idea if somebody told that sheriff-turned-Constitutional-scholar that there is no Second Amendment right to open carry.

Texas. Chuck Lindell of the Texas Tribune summarizes what-all happened this week at the state senate trial of suspended Texas attorney general Ken Paxton. (Also linked yesterday.)

News Lede

New York Times: "Rescuers in Morocco raced to reach remote areas in the mountains outside Marrakesh on Sunday after the worst earthquake to hit the area in a century flattened homes across central and southern parts of the country, killing more than 2,000 people. The extent of the damage and number of casualties after the magnitude-6.8 earthquake late Friday night remained unclear because the hardest-hit communities were in the High Atlas Mountains, where the few roads appeared to be blocked by debris, and where phone service and electricity had been knocked out. Many homes in that area are made of mud bricks, a traditional construction method that is highly vulnerable to earthquakes and heavy rains." This is a liveblog.