The Conversation -- September 6, 2023

Marie: Go to the bottom of the page, where you will find out that it is not necessary to stage a violent insurrection to overturn the results of an election. In fact, Republicans in Congress are trying the same tack against President Biden, and if it doesn't work, they'll just shut down the government so you won't get your Social Security check or be able to take the kids to a national park.

A Victory (However Shortlived) for Human Decency. Paul Weber of the AP: "A federal judge on Wednesday ordered Texas to move a large floating barrier to the bank of the Rio Grande after protests from the the U.S. and Mexican governments over Republican Gov. Greg Abbott's latest tactic to stop migrants from crossing America's southern border. The decision by U.S. District Judge David Ezra of Texas is likely to be appealed by the state, which for the past two years has aggressively pushed legal boundaries to curb the the flow of migrants under a sprawling mission known as Operation Lone Star. The judge said the state must move the barrier by Sept. 15. Dozens of bright orange, wrecking ball-sized buoys have created a water barrier longer than a soccer field on a stretch of river where migrants often try crossing from Mexico. Texas also has installed razor wire and steel fencing on the border, while also empowering armed officers to arrest migrants on trespassing charges."

Kara Scannell of CNN: "Special counsel David Weiss intends to seek an indictment against President Joe Biden's son, Hunter Biden, relating to gun charges by the end of the month, the Justice Department said Wednesday.... This story is breaking and will be updated."

Zach Schonfeld of the Hill: "A state judge denied Kenneth Chesebro's attempt to sever his charges in the Georgia election interference case from Sidney Powell on Wednesday. But Fulton County Superior Court Judge Scott McAfee signaled he is skeptical of prosecutors' request to try alongside them the other 17 co-defendants, including former President Trump, though McAfee has not yet made a final ruling on that question."

Joe Jacquez of the Hill: "Chris Christie slammed GOP presidential rival Ron DeSantis for 'playing politics' after the Florida governor chose not to meet with President Biden during his trip to the Sunshine State to survey damage from Hurricane Idalia.... Christie, the former governor of New Jersey who met with then-President Barack Obama in the aftermath of Hurricane Sandy in 2012, said DeSantis failed in his job as governor of the state. 'You're the governor of the state, the President of the United States comes and you're asking ... the Congress for significant aid.... You should have been there with the president to welcome him,' Christie said.... 'Fortunately, [Sen.] Rick Scott ... who knows what it means to be governor, showed up and made sure the president saw what he needed to see.'..."

Hannah Demissie & Isabella Murray of ABC News: "Citizens for Responsibility and Ethics (CREW), a Washington-based watchdog group, on Wednesday filed a lawsuit on behalf of a handful of voters seeking to bar former President Donald Trump from the 2024 ballot in Colorado under Section 3 of the 14th Amendment based on his alleged involvement in the Jan. 6 attack on the U.S. Capitol. The suit -- quickly dismissed by Trump's team -- marks one of the first serious challenges to his qualifications as a presidential candidate based on a 14th Amendment argument.... Wednesday's suit against Trump was filed, with CREW's attorneys, by six Republican and unaffiliated Colorado voters, including former state, federal and local officials. The suit accuses Trump of inciting and aiding the mob that stormed the Capitol two years ago."

Katherine Faulders & Mike Levine of ABC News: Attorney Evan "Corcoran's recollections, captured in a series of voice memos..., help illuminate [Donald] Trump's alleged efforts to defy a federal grand jury subpoena, and appear to shed more light on his frame of mind when he allegedly launched what prosecutors say was a criminal conspiracy to hide classified documents from both the FBI and Corcoran, his own attorney.... ABC News has reviewed copies of transcripts of the recordings, which appear to show the way Trump allegedly deceived his own attorney, and how classified documents, according to prosecutors, ended up at Mar-a-Lago in the first place."

Dan Mangan of CNBC: "A federal judge on Wednesday ruled that Donald Trump is civilly liable for defamatory statements he made about writer E. Jean Carroll in 2019 when she went public with claims he had raped her decades earlier. Judge Lewis Kaplan, as part of that ruling, said the upcoming trial for Carroll's lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages for defaming her. Normally, a jury would determine at trial whether a defendant is liable for civil damages claimed by a plaintiff. But Kaplan found that Carroll was entitled to a partial summary judgment on the question of Trump's liability in the case." IOW, Carroll doesn't have to prove again in the second case against Trump that he defamed her; Kaplan says it's a given. The New York Times story is here.

Thanks, Elon! Brian Schwartz of CNBC: "Ever since Meta lifted its two-year ban on ... Donald Trump earlier this year, its Facebook and Instagram platforms have emerged as a key element of Trump's presidential campaign fundraising plan, according to data from Meta's archives and interviews with campaign strategists and Trump advisors. Meta's platforms offer Trump a vital resource that he can't get from his own social media site, Truth Social, or via his countless mass emails: Access to millions of potential donors who may not be part of his traditional political base of supporters."

Florida. Okay, Kids, Write Out Martin Luther's 95 Theses. Dana Goldstein of the New York Times: "An alternative to the SAT and ACT for only a small number of mostly religious colleges, the [Classical Learning Test] is known for its emphasis on the Western canon, with a big dose of Christian thought. But on Friday, Florida's public university system, which includes the University of Florida and Florida State University, is expected to become the first state system to approve the Classic Learning Test, or CLT, for use in admissions.... It's the latest move by Gov. Ron DeSantis to shake up the education establishment, especially the College Board, the nonprofit behemoth that runs the SAT program.... The company [that developed & administers the CLT] ... describes the CLT as part of 'the larger educational freedom movement of our time' -- language that echoes that of conservative supporters of private-school vouchers and tax credits for home-schoolers.... While there is no single definition of classical education, the CLT celebrates canonical works from Western civilization, with an emphasis on Greek, Roman and early Christian thought. Memorization, logic and debate are considered important skills."

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Michael Shear of the New York Times: "On Tuesday, President Biden awarded [Larry] Taylor the Medal of Honor at the White House, citing his 'conspicuous gallantry' for rescuing the soldiers 'under heavy enemy fire and with complete disregard for his personal safety' more than five decades ago.... Flying in his two-man Cobra helicopter, which was nearly out of ammunition, Mr. Taylor landed in the middle of [a Vietnam] firefight, extracting the four men who hung onto the helicopter's skids and rocket pods as the helicopter carried them to safety. It was the first time a rescue like that had even been attempted during the war."

Brett Samuels of the Hill: "President Biden tested negative for COVID-19 on Tuesday and will wear a mask while around others indoors after first lady Jill Biden tested positive for the virus a day earlier, the White House said. The first lady is experiencing 'mild symptoms' after testing positive Monday, press secretary Karine Jean-Pierre told reporters. She will remain in Delaware to quarantine."

Carl Hulse of the New York Times: "Hoping to reassure his colleagues that he is physically able to continue as minority leader, Senator Mitch McConnell released a letter on Tuesday from the attending physician of Congress declaring that an examination and tests had ruled out a stroke or seizure as causes of his recent on-camera medical episodes. In the letter, Dr. Brian P. Monahan, the Navy rear admiral who serves as the on-site doctor in the Capitol for members of Congress and the Supreme Court, said his examination of Mr. McConnell, Republican of Kentucky-- along with a brain M.R.I., an electroencephalogram study and a neurological consultation -- had found no sign of a seizure disorder or stroke.... As he entered the Senate chamber on Tuesday [-- the first day Congress was in session after an extended August break --] Mr. McConnell did not respond to questions from reporters about his health, but he obliquely addressed it on the floor as he talked about the busy schedule he kept in Kentucky during the past month. CNN's report is here. ~~~

     ~~~ Marie: The only senator Hulse cites as questioning McConnell's fitness for office is Josh Hawley (R-Mo.) Hawley looks like an effete snob among the rich Harvard boys at the college glee club, but -- as long as he isn't personally threatened with violence -- he's more like a rabid pit bull, due respects to puppies.

Lawrence Hurley of NBC News: "Sen. Sheldon Whitehouse, D-R.I., is demanding that Chief Justice John Roberts take action over an unusual interview in which conservative Justice Samuel Alito questioned whether Congress has the power to impose ethics rules on the Supreme Court. Whitehouse's complaint, submitted Monday, focuses on a July 28 interview published by The Wall Street Journal, conducted in part by the conservative lawyer David Rivkin, in the wake of recent news articles raising questions about Supreme Court ethics. 'No provision in the Constitution gives them the authority to regulate the Supreme Court -- period,' Alito said. Whitehouse said in his letter that Alito's comments bear on legislation he has sponsored to impose an ethics code. Whitehouse wrote the letter to Roberts in part to highlight how the Supreme Court does not have a formal mechanism for handling ethics complaints. Alito's comments violate the code of conduct lower court judges follow in part because he gave an opinion about a legal issue that might come before the court, Whitehouse said."

The Trials of Trump

Dan Mangan of CNBC: "'Daily' statements by ... Donald Trump 'threaten to prejudice the jury pool' in the federal case where he is charged with crimes related to trying to reverse his loss in the 2020 election, prosecutors said Tuesday. Prosecutors made that claim as they pushed back on a call by Trump's lawyers to allow a three-week briefing process for Judge Tanya Chutkan to decide whether 'every ordinary' court filing that refers to sensitive materials should be placed on the court's public docket." (Also linked yesterday.)

Jack Smith Keeps on Keepin' on. Zachary Cohen & Paula Reid of CNN: "Special counsel Jack Smith is still pursuing his investigation into efforts to overturn the 2020 election a month after indicting Donald Trump for orchestrating a broad conspiracy to remain in power, a widening of the probe that raises the possibility others could still face legal peril. Questions asked of two recent witnesses indicate Smith is focusing on how money raised off baseless claims of voter fraud was used to fund attempts to breach voting equipment in several states won by Joe Biden.... In both interviews, prosecutors have focused their questions on the role of former Trump lawyer Sidney Powell. According to invoices obtained by CNN, Powell's non-profit ... hired forensics firms that ultimately accessed voting equipment in four swing states won by Biden: Georgia, Pennsylvania, Michigan and Arizona. Powell faces criminal charges in Georgia.... Powell has also been identified by CNN as one of Trump's un-indicted co-conspirators listed in Smith's federal election indictment." (Also linked yesterday.)

As the Worms Turn. Josh Gerstein & Kyle Cheney of Politico: "The finger-pointing among Donald Trump's inner circle has begun. And as his four criminal cases march toward trials, some of his aides, allies and co-defendants are pointing at the former president. In court documents and hearings, lawyers for people in Trump's orbit ... are starting to reveal glimmers of a tried-and-true strategy in cases with many defendants: Portray yourself as a hapless pawn while piling blame on the apparent kingpin.... In late August, an information technology aide at Trump's Mar-a-Lago resort dramatically changed his story about alleged efforts to erase surveillance video and agreed to cooperate with special counsel Jack Smith.... Then, three GOP activists who were indicted alongside Trump in Georgia ... asserted that their actions were all taken at Trump's behest. And last week, Trump's former White House chief of staff, Mark Meadows -- also charged in the Georgia case -- signaled that his defense is likely to include blaming the former president as the primary driver of the effort." (Also linked yesterday.)

Sara Murray, et al., of CNN: "Former White House chief of staff Mark Meadows and the remaining defendants in the election interference case in Fulton County, Georgia, have pleaded not guilty and have waived their arraignments, new court filings show. Misty Hampton, who faces charges related to the Coffee County voting system breach and was the last holdout among the 19 defendants changed in District Attorney Fani Willis' case, entered her plea early Tuesday afternoon. The other defendants have been filing their pleas in recent days." (Also linked yesterday.)

Rachel Weiner & Spencer Hsu of the Washington Post: "A federal appellate court on Monday blocked Justice Department access to the phone records of a Republican lawmaker as part of the investigation charging ... Donald Trump with trying to undo the 2020 election results. While the details remain under seal, the ruling stymies federal Jan. 6 investigators who have been fighting for a year to review thousands of documents from Rep. Scott Perry (R-Pa.). The legal fight has been conducted largely in secret, and Monday's ruling from the U.S. Court of Appeals for D.C. was likewise under seal. But the public order vacates a lower-court ruling that gave the Justice Department access to thousands of texts, emails and attachments it sought from Perry's phone, which was seized by investigators in August 2022. The appellate court ... upheld the district court's ruling on Perry's other communications." Politico's story is here.

Daniel Barnes & Ryan Reilly of NBC News: "Enrique Tarrio, the former chairman of the far-right Proud Boys, was sentenced to 22 years in federal prison Tuesday afternoon following his conviction on a seditious conspiracy charge in connection with the Jan. 6 attack on the U.S. Capitol. His sentence is the longest so far in a Jan. 6 case so far, surpassing the 18 years given to Oath Keepers founder Stewart Rhodes, who was also convicted of seditious conspiracy. Tarrio was one of four Proud Boys found guilty of seditious conspiracy in May." (Also linked yesterday.) The New York Times story is here.

Enough Already. Dan Mangan of CNBC: "New York Attorney General Letitia James asked a judge Tuesday to sanction Donald Trump, other defendants and their lawyers for rehashing the same failed legal arguments in James' big civil fraud lawsuit against the former president.... In her filing Tuesday, James said that since last October, the defendants have made the same legal arguments against her lawsuit five separate times.... James asked that all the defendants be fined $10,000 collectively, and that another fine of $10,000 be imposed on their lawyers collectively. James' request came four weeks before trial in the lawsuit is set to begin in New York State Supreme Court in Manhattan." (Also linked yesterday.)

Marie: In today's Comments, there's a good discussion of Project 2025: the Heritage Foundation's manifesto on how Donald Trump, upon resuming office, should take control of the federal government, dismantle it and replace career employees with people "loyal" to him and an extreme right-wing "vision." As Patrick notes, the "plan looks more Soviet than Stalin." Here's some more background on Project 2025 from the AP (Aug. 29). It even sounds Orwellian, doesn't it?

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Alabama. Emily Cochrane of the New York Times: "A panel of federal judges rejected Alabama's latest congressional map on Tuesday, ruling that a new map needed to be drawn because Republican lawmakers had failed to comply with orders to create a second majority-Black district or something 'close to it.' In a sharp rebuke, the judges ordered that the new map be independently drawn, taking the responsibility away from the Republican-controlled legislature while chastising state officials who 'ultimately did not even nurture the ambition to provide the required remedy.'" NPR's story is here. MB: I believe the order ran along the lines of, "Don't you be fucking with federal judges, you weanie bigots." (Also linked yesterday.)

Georgia. Richard Luscombe of the Guardian: "Dozens of activists who oppose a controversial police and fire training facility in Georgia known as Cop City have been charged with racketeering, appearing to confirm fears from civil rights groups that prosecutors are stepping up an aggressive pursuit of environmental protesters. A total of 61 people -- most not from Georgia -- were indicted for violating the state's Racketeer Influenced and Corrupt Organizations Act last week, according to the Atlanta Journal-Constitution. Some of the defendants face additional charges of money laundering and domestic terrorism, the newspaper reported. In July, a coalition of groups including the American Civil Liberties Union (ACLU) wrote to the Department of Homeland Security decrying tactics used in authorities' surveillance of the environmental protesters, and their use of the label 'domestic violence extremism' for opponents of the $90m facility under construction on 85 acres of the South River Forest near Atlanta."

Rhode Island Congressional Race. Mariana Alfaro of the Washington Post: "Gabriel Amo, a former White House aide to President Biden, won a special congressional primary Tuesday for Rhode Island's 1st District, the Associated Press projected. Amo is heavily favored to keep the 1st District in Democratic hands in blue Rhode Island. On the Republican side, political newcomer Gerry Leonard, a Marine Corps veteran, won the special primary. If he wins the general election in November, Amo will become the first Black lawmaker to represent Rhode Island in the U.S. House. Rep. David N. Cicilline took the Democratic Party by surprise when he announced in February that he would leave his House seat to run Rhode Island's largest philanthropic organization. Shortly afterward, more than 20 Democrats filed to run for his seat. On Tuesday, 12 of them appeared on the ballot in what has become a turbulent special primary in the 1st Congressional District."

South Carolina. Shawn Nottingham, et al., of CNN: "Attorneys representing Alex Murdaugh, the notorious South Carolina fraudster who was convicted earlier this year of murdering his wife and son, filed a motion with the South Carolina Court of Appeals on Tuesday demanding a new trial and alleging jury tampering by the Colleton County Clerk of Court. The filing states that the Clerk of Court, Rebecca 'Becky' Hill, 'tampered with the jury by advising them not to believe Murdaugh's testimony and other evidence presented by the defense, pressuring them to reach a quick guilty verdict, and even misrepresenting critical and material information to the trial judge in her campaign to remove a juror she believed to be favorable to the defense.'... The motion cites at least three sworn affidavits, including one from a juror and one from a dismissed juror, as well as excerpts from Hill's book..., which was published last month." (Also linked yesterday.) The New York Times story is here.

Texas. David Goodman, et al., of the New York Times: ";Ken Paxton, the Republican attorney general of Texas, pleaded not guilty to charges of corruption and bribery Tuesday on the opening day of his impeachment trial before the State Senate, the first such proceeding for a statewide officer in more than a century. Mr. Paxton, a third-term incumbent championed by hard-core conservatives and ... Donald J. Trump, is facing trial on 16 articles of impeachment related to accusations, primarily by his former top deputies who became whistle-blowers, that he had abused his office for the benefit of himself and an Austin real estate investor who was said to have assisted Mr. Paxton with home renovations and an extramarital affair.... On Tuesday, a majority of Republican Senators began the proceedings by voting to move forward with the trial, dispatching by wide margins multiple attempts by Mr. Paxton's lawyers to have the entire case dismissed."

** Wisconsin. Reid Epstein of the New York Times: "Republicans in Wisconsin are coalescing around the prospect of impeaching a newly seated liberal justice on the state's Supreme Court, whose victory in a costly, high-stakes election this spring swung the court in Democrats' favor and threatened the G.O.P.'s iron grip on state politics. The push, just five weeks after Justice Janet Protasiewicz joined the court and before she has heard a single case, serves as a last-ditch effort to stop the new 4-to-3 liberal majority from throwing out Republican-drawn state legislative maps and legalizing abortion in Wisconsin." Emphasis added.~~~

     ~~~ Marie: For Republicans, impeachment is not the price of violating laws, acting unethically or failing to carry out the duties of office, as it has been since the founding. Nope. It's one way to thumb your nose at democracy -- and specifically at voters -- and overturn the results of an election that didn't go your way. This is an astounding turn.

The Conversation -- September 5, 2023

Daniel Barnes & Ryan Reilly of NBC News: "Enrique Tarrio, the former chairman of the far-right Proud Boys, was sentenced to 22 years in federal prison Tuesday afternoon following his conviction on a seditious conspiracy charge in connection with the Jan. 6 attack on the U.S. Capitol. His sentence is the longest so far in a Jan. 6 case so far, surpassing the 18 years given to Oath Keepers founder Stewart Rhodes, who was also convicted of seditious conspiracy. Tarrio was one of four Proud Boys found guilty of seditious conspiracy in May."

Brett Samuels of the Hill: "President Biden tested negative for COVID-19 on Tuesday and will wear a mask while around others indoors after first lady Jill Biden tested positive for the virus a day earlier, the White House said. The first lady is experiencing 'mild symptoms' after testing positive Monday, press secretary Karine Jean-Pierre told reporters. She will remain in Delaware to quarantine."

Dan Mangan of CNBC: “'Daily' statements by ... Donald Trump 'threaten to prejudice the jury pool' in the federal case where he is charged with crimes related to trying to reverse his loss in the 2020 election, prosecutors said Tuesday. Prosecutors made that claim as they pushed back on a call by Trump's lawyers to allow a three-week briefing process for Judge Tanya Chutkan to decide whether 'every ordinary' court filing that refers to sensitive materials should be placed on the court's public docket."

Sara Murray, et al., of CNN: "Former White House chief of staff Mark Meadows and the remaining defendants in the election interference case in Fulton County, Georgia, have pleaded not guilty and have waived their arraignments, new court filings show. Misty Hampton, who faces charges related to the Coffee County voting system breach and was the last holdout among the 19 defendants changed in District Attorney Fani Willis' case, entered her plea early Tuesday afternoon. The other defendants have been filing their pleas in recent days."

Jack Smith Keeps on Keepin' on. Zachary Cohen & Paula Reid of CNN: "Special counsel Jack Smith is still pursuing his investigation into efforts to overturn the 2020 election a month after indicting Donald Trump for orchestrating a broad conspiracy to remain in power, a widening of the probe that raises the possibility others could still face legal peril. Questions asked of two recent witnesses indicate Smith is focusing on how money raised off baseless claims of voter fraud was used to fund attempts to breach voting equipment in several states won by Joe Biden.... In both interviews, prosecutors have focused their questions on the role of former Trump lawyer Sidney Powell. According to invoices obtained by CNN, Powell's non-profit ... hired forensics firms that ultimately accessed voting equipment in four swing states won by Biden: Georgia, Pennsylvania, Michigan and Arizona. Powell faces criminal charges in Georgia.... Powell has also been identified by CNN as one of Trump's un-indicted co-conspirators listed in Smith's federal election indictment."

As the Worms Turn. Josh Gerstein & Kyle Cheney of Politico: "The finger-pointing among Donald Trump's inner circle has begun. And as his four criminal cases march toward trials, some of his aides, allies and co-defendants are pointing at the former president. In court documents and hearings, lawyers for people in Trump's orbit ... are starting to reveal glimmers of a tried-and-true strategy in cases with many defendants: Portray yourself as a hapless pawn while piling blame on the apparent kingpin.... In late August, an information technology aide at Trump's Mar-a-Lago resort dramatically changed his story about alleged efforts to erase surveillance video and agreed to cooperate with special counsel Jack Smith.... Then, three GOP activists who were indicted alongside Trump in Georgia ... asserted that their actions were all taken at Trump';s behest. And last week, Trump's former White House chief of staff, Mark Meadows -- also charged in the Georgia case -- signaled that his defense is likely to include blaming the former president as the primary driver of the effort."

Enough Already. Dan Mangan of CNBC: "New York Attorney General Letitia James asked a judge Tuesday to sanction Donald Trump, other defendants and their lawyers for rehashing the same failed legal arguments in James' big civil fraud lawsuit against the former president.... In her filing Tuesday, James said that since last October, the defendants have made the same legal arguments against her lawsuit five separate times.... James asked that all the defendants be fined $10,000 collectively, and that another fine of $10,000 be imposed on their lawyers collectively. James' request came four weeks before trial in the lawsuit is set to begin in New York State Supreme Court in Manhattan."

Marie: In today's Comments, there's a good discussion of Project 2025: the Heritage Foundation's manifesto on how Donald Trump, upon resuming office, should take control of the federal government, dismantle it and replace career employees with people "loyal" to him and an extreme right-wing "vision." As Patrick notes, the "plan looks more Soviet than Stalin." Here's some more background on Project 2025 from the AP (Aug. 29). It even sounds Orwellian, doesn't it?

Alabama. Emily Cochrane of the New York Times: "A panel of federal judges rejected Alabama's latest congressional map on Tuesday, ruling that a new map needed to be drawn because Republican lawmakers had failed to comply with orders to create a second majority-Black district or something 'close to it.' In a sharp rebuke, the judges ordered that the new map be independently drawn, taking the responsibility away from the Republican-controlled legislature while chastising state officials who 'ultimately did not even nurture the ambition to provide the required remedy.'" NPR's story is here. MB: I believe the order ran along the lines of, "Don't you be fucking with federal judges, you piss-ant weanie bigots."

South Carolina. Shawn Nottingham, et al., of CNN: "Attorneys representing Alex Murdaugh, the notorious South Carolina fraudster who was convicted earlier this year of murdering his wife and son, filed a motion with the South Carolina Court of Appeals on Tuesday demanding a new trial and alleging jury tampering by the Colleton County Clerk of Court. The filing states that the Clerk of Court, Rebecca 'Becky' Hill, 'tampered with the jury by advising them not to believe Murdaugh's testimony and other evidence presented by the defense, pressuring them to reach a quick guilty verdict, and even misrepresenting critical and material information to the trial judge in her campaign to remove a juror she believed to be favorable to the defense.'... The motion cites at least three sworn affidavits, including one from a juror and one from a dismissed juror, as well as excerpts from Hill's book..., which was published last month."

Texas. The New York Times is liveblogging the impeachment trial of Texas Attorney General Ken Paxton (R): "... the impeachment trial of Ken Paxton, the Republican attorney general of Texas, began on Tuesday morning on the floor of the State Senate.... Mr. Paxton, a third-term incumbent championed by hard-core conservatives and ... Donald J. Trump, is facing 20 articles of impeachment, which the Republican-dominated Texas House adopted in May by a vote of 121 to 23. The allegations focus on Mr. Paxton's use of the office to benefit an Austin real estate figure. In the trial's earliest moments, Mr. Paxton's lawyers put forth a series of unsuccessful motions to dismiss the case; all but one failed by a vote of more than two-thirds of the senators present. The unsuccessful maneuvering provided early hints into how the trial might take shape: Mr. Paxton appeared to have the support of at least six senators, but a solid majority of Republicans do not appear to view the trial as a 'sham,' as some of his supporters have called it."

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Fatima Hussein of the AP: &"President Joe Biden, who often says he's the most pro-union president in history, touted the importance of unions and applauded American workers in building the economy during a Labor Day appearance in Philadelphia on Monday.... 'This Labor Day we're celebrating jobs, good-paying jobs, jobs you can raise a family on, union jobs,' Biden told the crowd gathered Monday. Instead of standing at the podium, the president held the microphone in his hand and walked around the stage behind signs that read 'UNION STRONG.'" (Also linked yesterday.)

Michael Shear of the New York Times: "Jill Biden ... tested positive for Covid-19, the White House announced late Monday night, but she is experiencing only mild symptoms and will remain at the family home in Rehoboth Beach, Del., where she and President Biden spent part of the weekend. Mr. Biden tested negative for the virus after the first lady's diagnosis, a spokeswoman said. The president returned to the White House on Monday evening. Officials said Mr. Biden would continue to test on 'a regular cadence' throughout the week and would monitor for possible signs of infection." CNN's story is here.

Secretary of the Navy Carlos Del Toro, of the Air Force Frank Kendall & of the Army Christine Wormuth, in a Washington Post op-ed: "... the foundation of America's enduring military advantage ... is being actively eroded by the actions of a single U.S. senator, Tommy Tuberville (R-Ala.), who is blocking the confirmation of our most senior military officers.... Senators ... are free to introduce legislation, gather support for that legislation and pass it. But placing a blanket hold on all general and flag officer nominees, who as apolitical officials have traditionally been exempt from the hold process, is unfair to these military leaders and their families. And it is putting our national security at risk.... Three of our five military branches -- the Army, Navy and Marine Corps -- have no Senate-confirmed service chief in place. Instead, these jobs -- and dozens of others across the force -- are being performed by acting officials without the full range of legal authorities necessary to make the decisions that will sustain the United States' military edge." ~~~

     ~~~ Marie: There are probably several ways for the Senate to quash Mr. Potato Head's holds. Whatever they are exactly, Chuck Schumer should begin every session every day by demanding that Republicans go along with the program.

Zach Montague of the New York Times: "After being subpoenaed last year by the House committee investigating the Jan. 6, 2021, riot..., [Peter] Navarro refused to comply, insisting that Mr. Trump had directed him not to cooperate and dismissing the subpoena as 'illegal' and 'unenforceable.' Now, after more than a year of legal wrangling, Mr. Navarro, 74, will defend those claims in a trial that starts Tuesday, when jury selection is expected to begin in Federal District Court in Washington. The case centers on a relatively simple question: whether he showed contempt for Congress in defying the House committee's request for documents and testimony."

The Decline & Fall of the American Empire. John Rapley in a New York Times op-ed: "At the famous Bretton Woods Conference [of 1944], the United States developed an international trading and financial system that functioned in practice as an imperial economy, disproportionately steering the fruits of global growth to the citizens of the West. Alongside, America created NATO to provide a security umbrella for its allies, and organizations such as the Organization for Economic Cooperation and Development to forge common policies. Over the second half of the century, this system attained a degree of world domination no previous empire had ever known. In the past two decades, however, it has sunk into decline.... [Like Rome's,] America's decline is a product of its success.... [Population m]igration may have eroded the Roman Empire's wealth. Now it's what stands between the West and absolute economic decline.... [To prevail,] America will need to give up trying to restore its past glory through a go-it-alone, America First approach. It was the same impulse that pushed the Roman Empire into the military adventurism that brought about its eventual destruction."

Kirk Swearingen in Salon: "New York Times columnist David Brooks has been writing of late about how we should all just get along. In two August opinion pieces, he places the onus on the 'highly educated elite' to take more responsibility in forming Abraham Lincoln's more perfect union.... As many on the right ... determined to take down our democracy, those on the left were asked why they couldn't fall in line and be ... nicer. The gist of Brooks' argument seems to be that educated liberals need to take responsibility for annoying conservatives.... Mixed in with a lot of well-intentioned bromides about character and community are suggestions for the well-educated ... on how to be friendlier fellow citizens to their QAnon, 'stolen-election' brethren.... Brooks never mentions Trump voters, who ... are coddled in a comfy blankie of lies, obfuscations and conspiracy theory.... Fox News ... viewers are constantly assured that harboring their darkest impulses about women, people of color and people with different sexual and gender identities is completely understandable, even proper. After years of this steady diet of malign disinformation, they trust their authoritarian cult leader more than their religious leaders or even family and friends.... There's no functional relationship between the right and the left in this country because the right purposefully destroyed that relationship." Thanks to Laura H. for the link.

Presidential Race 2024

Sabrina Siddiqui & Catherine Lucey of the Wall Street Journal: "Voters overwhelmingly think President Biden is too old to run for re-election and give him low marks for handling the economy and other issues important to their vote, according to a new Wall Street Journal poll that offers a stark warning to the 80-year-old incumbent ahead of the 2024 contest.... And Biden is tied with ... Donald Trump in a potential rematch of the 2020 election, with each holding 46% support in a head-to-head test.... Although the candidates are only three years apart, 73% of voters said they feel Biden is too old to seek a second term, compared with 47% of voters who said the same of the 77-year-old Trump. Two-thirds of Democrats said Biden was too old to run again. By an 11-point margin, more voters see Trump rather than Biden as having a record of accomplishments as president -- some 40% said Biden has such a record, while 51% said so of Trump. By an eight-point margin, more voters said Trump has a vision for the future. And by 10 points, more described Trump as mentally up to the presidency." (Also linked yesterday.) ~~~

     ~~~ Marie: As you know, I don't often link poll reports, but this one was so horrifying, I thought I'd share it. The notion that Trump could boast more "accomplishments" than Biden is mind-blowing. Fox "News" or Facebook must be sending subliminal messages to viewers & users. On the other hand, I do think Biden should drop out of the race now. As the reporters point out, he would be 86 at the end of a second term. That's just too old. Trump would be 82; not that it matters, because he probably would refuse to leave office. BTW, I don't know why I was able to link to the WSJ story, since I don't have a subscription. But I got a possible clue: at first, the page showed up blank & contained a notice that I'd have to buy a subscription to read the story; then the whole article appeared, and at the end of the URL, there's an extension that reads, "mod=followamazon". So I suspect my Amazon Prime account is giving me access. If you're logged into an Amazon Prime account, you too might be able to link WSJ stories, or at least some WSJ stories. Or maybe not. ~~~

     ~~~ Update: Kevin Breuninger of CNBC reports the same stats.

How a Fake Free-Speech Guy Learned to Blame the Victim. Doha Madani of NBC News: "Elon Musk posted that he was against antisemitism Monday and blamed the Anti-Defamation League for lost advertising revenue since his acquisition of X...-Twitter. The tech mogul posted his stance on free speech and antisemitism seemingly out of the blue on his verified account Monday afternoon. When asked by a user who was questioning his stance, Musk alleged that the ADL has been 'trying to kill this platform by falsely accusing it & me of being anti-Semitic.... If this continues, we will have no choice but to file a defamation suit against, ironically, the "Anti-Defamation" League,' Musk wrote. 'If they lose the defamation suit, we will insist that they drop the the "anti" part of their name, since obviously ...' He later wrote in another post that X has 'no choice but to file a defamation lawsuit' against the group to clear its name." MB: You know, Elon, I don't like to own up to my failures, either. But, like Jimmy Buffett, I know it's my own damned fault.

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Connecticut. Amelia Nierenberg of the New York Times: "State officials believe that ... more than 100 Connecticut state police officers ... may have filed false reports of traffic stops in recent years, possibly to boost the internal statistics used to measure their performance. A recent audit described 'a pattern of record manipulation' and said there was a "high likelihood" that at least 25,966 recorded stops between 2014 and 2021 were false and that as many as 58,553 may have been, at minimum, inaccurate.... The U.S. Department of Justice is investigating, state officials said. Gov. Ned Lamont, a Democrat, has launched a separate inquiry.... The ticket reports under scrutiny may have also irrevocably tainted the racial data that the state collects on traffic stops ... because the motorists who were purportedly stopped were disproportionately white...." MB: As nearly as I can tell, there were no tickets issued, so no drivers were ticketed for fake infractions.

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Edward Wong & Julian Barnes of the New York Times: "Kim Jong-un, the leader of North Korea, plans to travel to Russia this month to meet with President Vladimir V. Putin to discuss the possibility of supplying Russia with more weaponry for its war in Ukraine and other military cooperation, according to American and allied officials. In a rare foray from his country, Mr. Kim would travel from Pyongyang, North Korea's capital, probably by armored train, to Vladivostok, on the Pacific Coast of Russia, where he would meet with Mr. Putin, the officials said." The AP's story is here.

Kim Tong-Hyung of the AP: "Russia has likely proposed that North Korea participate in three-way naval exercises with China, according to a lawmaker who attended a closed-door briefing with the director of South Korea's top spy agency Monday. The briefing came days after Russia's Ambassador to North Korea, Alexander Matsegora, told Russian media that including North Korea in joint military drills between Russia and China 'seems appropriate.' Matsegora added it was his own point of view and that he wasn't aware of any preparations, according to Russia's Tass news agency."

News Ledes

They Also Serve Who Only Stand and Wait. New York Times: "Marilyn Lovell, who, as an object of fascination for the news media, the inspiration for movie and TV characters and a figure in history books, incarnated for many Americans the hardships and glamour of being an astronaut's wife, died on Aug. 27 in Lake Forest, Ill. She was 93."

Pennsylvania. CNN: "The manhunt for Danelo Cavalcante has shifted, leaving two nearby school districts closed and the community on high alert, after the escaped murderer was spotted outside the original search area, Pennsylvania police said Tuesday. Cavalcante escaped from Chester County Prison on Thursday morning and authorities began by scouring a heavily wooded area in Pocopson Township and Chester County within 2 miles of the prison -- around 30 miles west of Philadelphia. Police have now expanded the perimeter of the search area after a security camera recorded Cavalcante at a popular botanical gardens [-- Longwood Gardens --] on Monday evening. That's south of where the previously established perimeter was, Pennsylvania State Police Lt. Col. George Bivens said during a news conference Tuesday."

The Conversation -- September 4, 2023

Sabrina Siddiqui & Catherine Lucey of the Wall Street Journal: "Voters overwhelmingly think President Biden is too old to run for re-election and give him low marks for handling the economy and other issues important to their vote, according to a new Wall Street Journal poll that offers a stark warning to the 80-year-old incumbent ahead of the 2024 contest.... And Biden is tied with ... Donald Trump in a potential rematch of the 2020 election, with each holding 46% support in a head-to-head test.... Although the candidates are only three years apart, 73% of voters said they feel Biden is too old to seek a second term, compared with 47% of voters who said the same of the 77-year-old Trump. Two-thirds of Democrats said Biden was too old to run again. By an 11-point margin, more voters see Trump rather than Biden as having a record of accomplishments as president -- some 40% said Biden has such a record, while 51% said so of Trump. By an eight-point margin, more voters said Trump has a vision for the future. And by 10 points, more described Trump as mentally up to the presidency." ~~~

     ~~~ Marie: As you know, I don't often link poll reports, but this one was so horrifying, I thought I'd share it. The notion that Trump could boast more "accomplishments" than Biden is mind-blowing. Fox "News" or Facebook must be sending subliminal messages to viewers & users. On the other hand, I do think Biden should drop out of the race now. As the reporters point out, he would be 86 at the end of a second term. That's just too old. Trump would be 82; not that it matters, because he probably would refuse to leave office. BTW, I don't know why I was able to link to the WSJ story, since I don't have a subscription. But I got a possible clue: at first, the page showed up blank & contained a notice that I'd have to buy a subscription to read the story; then the whole article appeared, and at the end of the URL, there's an extension that reads, "mod=followamazon". So I suspect my Amazon Prime account is giving me access. If you're logged into an Amazon Prime account, you too might be able to link WSJ stories, or at least some WSJ stories. Or maybe not.

Fatima Hussein of the AP: "President Joe Biden, who often says he's the most pro-union president in history, touted the importance of unions and applauded American workers in building the economy during a Labor Day appearance in Philadelphia on Monday.... 'This Labor Day we're celebrating jobs, good-paying jobs, jobs you can raise a family on, union jobs,' Biden told the crowd gathered Monday. Instead of standing at the podium, the president held the microphone in his hand and walked around the stage behind signs that read 'UNION STRONG.'"

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The paintings above, by Judy Taylor, are part of a series on the history of labor in Maine. They now hang in the Maine State Museum. They were designed for and hung in 2008 in the state's Department of Labor. In 2011, Gov. Paul LePage (R) had the murals removed from the Labor building and put in storage because LePage thought they were too pro-labor FDR's secretary of labor, Frances Perkins, is depicted in the first mural pictured above.

E.J. Dionne of the Washington Post: "Many ... indicators suggest that labor's long decline is over. Heralds of change include well-publicized organizing efforts in new sectors of the economy, broad public sympathy for the Hollywood writers' struggle, and big wage gains by workers increasingly willing to strike for them. There is also President Biden, the most outspokenly pro-labor president since Franklin D. Roosevelt and Harry S. Truman.... On Wednesday, Biden's Labor Department proposed a rule that would make an estimated 3.6 million salaried workers eligible for overtime pay. The week before, the National Labor Relations Board (NLRB), transformed by Biden's appointments, issued a decision that will boost union organizing after decades in which management held the upper hand. On top of that, the day before, the NLRB issued another rule requiring prompt union elections, a further blow against employer delaying tactics.... And in June, the NLRB made it harder for employers to classify workers as 'independent contractors,' allowing them to join unions and access other labor law protections."

Jessica Contrera & Gillian Brockell of the Washington Post: "Around the turn of the 20th century, at least 18 percent of children between the ages of 10 and 15 were employed. [Lewis] Hine's searing images of those children remade the public perception of child labor and inspired the laws to ban it.... Hine's photos showed the price [of child labor]: unsafe working conditions, dangerous machinery and business owners who refused to educate the children or limit their working hours.... Now, conservative lawmakers in a handful of states are seeking to relax child labor protections. Their efforts come amid a renewed focus on child labor sparked largely by recent reporting on the prevalence of undocumented immigrant children working at meatpacking plants, auto factories and other dangerous job sites." Includes photographs.

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Tennessee. Speaking of Labor. Eduardo Medina of the New York Times: "A woman gave birth alone in a jail cell in Tennessee on Tuesday after seeking medical attention for more than an hour, the authorities said, raising questions about the care provided to the woman and her baby.... The woman, whose name has not been made public, was incarcerated at the Montgomery County Jail in Clarksville, Tenn., about 50 miles northwest of Nashville, when she notified a deputy at 11:31 a.m. about a 'medical concern,' according to the Montgomery County Sheriff's Office. A nurse arrived a few minutes later, the sheriff's office said. The nurse assessed the woman and then left to consult with other medical staff members. Another nurse arrived at 11:54 a.m. to 'conduct a follow-up assessment,' according to the sheriff's office. The medical staff members left to continue to 'assess the situation and order additional medical tests,' the sheriff's office said. However, at 12:41 p.m., a deputy went to the cell and 'discovered that the inmate had given birth while in her cell,' the sheriff's office said. The deputy helped the woman while medical staff members were alerted. The woman and her baby were taken to a hospital, where they remained in stable condition...." ~~~

     ~~~ Marie: So we're supposed to believe that two nurses and numerous "medical staff" couldn't figure out that a woman was in labor and about to give birth. My guess is that the woman was screaming, "The baby's about to come! The baby's about to come!" or something like that. The sheriff's cover story is bull.

Texas. David Goodman of the New York Times: "With television ads and text messages, direct mail and billboards, supporters of the embattled Texas attorney general, Ken Paxton, have embarked on an escalating campaign of political pressure, backed by hard-right billionaires, aimed at trying to sway the outcome of Mr. Paxton's upcoming impeachment trial. The targets of their efforts are narrow: the 19 Republican members of the State Senate who will act as jurors in the trial, set to begin on Tuesday, and decide whether allegations of corruption and abuse of power are serious enough to warrant permanently removing and barring Mr. Paxton from office. But the effort to save Mr. Paxton, who is seen by many hard-core conservatives as their legal standard-bearer, is also the latest proxy in the broader fight over the future direction of the party, both in Texas and nationally." ~~~

     ~~~ Marie: In the range of deplorable GOP politicians, on a scale of 1 to 10, Ken Paxton is a 10.