The Conversation -- September 1, 2023

Martin Pengelly of the Guardian: "The White House condemned the 'extreme' and 'hardcore fringe' of the Republican party after one high-profile, hardcore extremist, Marjorie Taylor Greene of Georgia, said she would not vote to fund the government this month without an impeachment inquiry against Joe Biden. Without a new spending measure, government funding will run out on 30 September, with federal workers furloughed and agencies shuttered.... Nodding to the May deal to raise the debt ceiling, [White House spokesman Andrew] Bates said House Republicans 'already made a promise to the American public about government funding, and it would be a shame for them to break their word and fail the country because they caved to the hardcore fringe of their party'."

Here is ProPublica's report on Clarence Thomas' financial disclosure, released Thursday. Also, here is the outlet's link to the statement by Thomas' attorney Elliot Berke, which accompanied the disclosure. ~~~

     ~~~ Marie: Berke wrote (in what I think was a 5- or 6-page statement), "The attacks on Justice Thomas are nothing less than ridiculous and dangerous, and they set a terrible precedent for political blood sport through federal ethics filings." Yeah, well, as several teevee commentators pointed out last night, Thomas' disclosure, such as it was, was consistent with ProPublica's findings. The disclosure did not refute any of ProPublica's reporting, and it did not address some of the findings of ProPublica and other outlets, principally the New York Times story about Thomas' dodgy financing of his fancy Walmart RV/bus. What sets "a terrible precedent" is not dogged investigative reporting of gross abuses but Thomas' arrogant refusal to adhere to minimal ethical standards, even to the point of failing -- for decades -- to make required disclosures. ~~~

~~~ Scott Lemieux in LG&$ extensively site a Slate article (don't know the author) on Thomas' belated, partial disclosure. Lemieux: "... if you know Thomas's body of work involving criminal defendants, these assertions that he cannot possibly be expected to conform to the strict letter of the law when disclosing the many expensive gifts bestowed on him by his many close personal friends who happen to be billionaires will be particularly infuriating[.]" The gist is that it's A-Okay by Thomas to condemn a person to death even if there is ample evidence he received inadequate counsel -- at the same time everyone should overlook as inconsequential his own gross errors of omission. ~~~

~~~ "Clean-up on Aisle Three." Nick Robertson of the Hill: "Sen. Sheldon Whitehouse (D-R.I.) went after Supreme Court Justice Clarence Thomas over his delayed disclosure of gifts and luxury vacations from a conservative donor Thursday, pledging to fully investigate the justice.... 'This late-come effort at "Clean-up on Aisle Three" won't deter us from fully investigating the massive, secret, right-wing billionaire influence in which this Court is enmired,' Whitehouse said Thursday, an apparent reference to Article Three of the Constitution, which regulates the Supreme Court.... He pushed back on claims from Thomas attorneys' that previous disclosure form omissions were simply mistakes, and that the trips only needed to be disclosed because of recent rule changes. 'These are highly contestable and significant, but largely unsupported, assertions. They matter,' he said"

Benjamin Mueller of the New York Times: "A four-line letter, signed by the attending physician of Congress and released by Senator Mitch McConnell on Thursday, suggested that his recent spells of speechlessness were linked to 'occasional lightheadedness' perhaps brought on by his recovery from a concussion last winter or 'dehydration.' But seven neurologists, relying on what they described as unusually revealing video of Mr. McConnell freezing up in public twice recently, said in interviews Thursday and Friday that the episodes captured in real time likely pointed to more serious medical problems.... The neurologists ... caution[ed] that they could not diagnose the minority leader from afar.... [But] while several possibilities were suggested, including mini-strokes, doctors said that the spells appeared most consistent with focal seizures, which are electrical surges in one region of the brain.... Whether caused by seizures or mini-strokes or something else, spells like Mr. McConnell's would not preclude most patients from working or socializing normally, doctors said. Still, experts said that seizures carried some elevated risk of cognitive or behavioral problems and could affect older patients differently."

Rudy, Rudy, Rudy. Dan Friedman & David Corn of Mother Jones: "An FBI whistleblower filed a statement asserting that [Rudy] Giuliani 'may have been compromised' by Russian intelligence while working as a lawyer and adviser to Trump during the 2020 campaign. That contention is among a host of explosive assertions from Johnathan Buma, an FBI agent who also says that an investigation involving Giuliani's activities was stymied within the bureau.... According to Buma's account, Giuliani was used as an asset by a Ukrainian oligarch tied to Russian intelligence and other Russian operatives for a disinformation operation that aimed to discredit Joe Biden and boost Trump in the 2020 presidential race. Moreover, Buma says he was the target of retaliation within the bureau for digging into this.... As Republicans keep trying to gin up a controversy over the Bidens, Burisma, and other matters, Buma's statement reinforces the case that this supposed Biden-Ukraine scandal was egged on or orchestrated by Russian intelligence. And it contradicts the narrative pushed by Trump and his defenders that the FBI and Justice Department have been in cahoots with Democrats." ~~~

     ~~~ According to the reporters, other FBI whistleblowers may be preparing to release statements backing up Buma's 22-page statement, which he sent to the Senate Judiciary Committee in July.

Weird News. Brad Reed of the Raw Story: "Multiple sources have told The Daily Beast that scandal-plagued CPAC Chairman Matt Schlapp held an 'exorcism' in his office to rid it of potential 'evil spirits' left behind by staff members who quit their jobs after their requests for raises were denied. The publication writes that both Schlapp and his wife, Mercedes Schlapp, decided that the exorcism ritual would be the best way to cleanse the office from the negative energies left behind by the staffers." The Schlapps called the Daily Beast "Satin's publication." MB: Look, how many human resources departments do you think have thought of using exorcisms as part of their program to improve staffing efforts? It's, like, innovative! But speaking of a place rife with evil spirits, Mercedes, who worked in the Trump White House, should have done the collegial thing & advised the Bidens to conduct an exorcism when they got to the White House.

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Nick Miroff & Maria Sacchetti of the Washington Post: "Record numbers of migrant families streamed across the U.S.-Mexico border in August, according to preliminary data obtained by The Washington Post, an influx that has upended Biden administration efforts to discourage parents from entering illegally with children and could once again place immigration in the spotlight during a presidential race. The U.S. Border Patrol arrested at least 91,000 migrants who crossed as part of a family group in August, exceeding the prior one-month record of 84,486 set in May 2019, during the Trump administration. Families were the single largest demographic group crossing the border in August, surpassing single adults for the first time since Biden took office." MB: This has been the top story on the Post's online page all night. At any given moment today, there are at least a dozen GOP candidates, their hearts beating rapidly as they pump out campaign fundraising letters.

Annie Karni & Benjamin Mueller of the New York Times: "Senator Mitch McConnell, the minority leader, on Thursday released a letter from the attending physician of Congress pronouncing him 'medically clear' to continue his schedule as planned, a day after the Kentucky Republican froze up suddenly at a news conference in what appeared to be a medical episode similar to one he had on camera last month.... Dr. [Brian] Monahan said that 'occasional lightheadedness is not uncommon in concussion recovery and can also be expected as a result of dehydration.' Mr. McConnell sustained a concussion this year after falling at a Washington hotel. Dr. Monahan did not say that he had examined Mr. McConnell, 81, whose increasingly frail appearance and recent string of medical incidents have alarmed his colleagues and raised questions about his ability to continue in his post.... Neurologists ... said that abrupt cessations in speech followed by relatively quick recoveries were not the most common patterns of symptoms in patients suffering from nothing more than lightheadedness or dehydration." ~~~

     ~~~ Marie: Mitch experienced his episode in Kentucky and Monahan works out of Washington, D.C., and he said he had "consulted with Leader McConnell and conferred with his neurology team." Therefore, it's pretty clear he has not examined the patient. In my mind, that means he has very little basis for "clearing" Mitch to go back to work. ~~~

     ~~~ Paul Kane, et al., of the Washington Post: “Publicly, Republican senators remained supportive of [Mitch] McConnell and none has questioned whether the 81-year-old Senate stalwart should set a timeline for resigning his leadership post. But the public nature of Wednesday's incident proved jarring again for senators, raising concerns about how their GOP leader was faring and prompting calls among some Republicans outside the Senate for McConnell to step down.... [Dr. Brian] Monahan's letter did not address the underlying cause of what has been a more than four-year struggle for McConnell with falling. Some of his falls were serious and resulted in injuries, while others were minor stumbles tied to balance issues. McConnell, known for treating his health like a state secret, has never explained a situation in October 2020 when he appeared in the Capitol with bruised hands and a swollen lip.... Three neurologists consulted by The Post said it is impossible to diagnose a patient through brief video clips, but the two similar episodes hinted at a few possible explanations, including localized seizures or a temporary drop in blood pressure. They said a complete medical examination and testing, including brain scans, would be needed to diagnose the problem." ~~~

     ~~~ Burgess Everett of Politico: "A handful of GOP senators are weighing whether to force a fraught internal debate about their leadership's future after Mitch McConnell's second public freeze-up in a month. Some rank-and-file Republicans have discussed the possibility of a broader conversation once senators return to Washington next week, according to a person directly involved in the conversations who confirmed them on condition of anonymity. Party leadership is not currently involved in those discussions, and nothing has been decided yet, this person added. It takes just five Republican senators to force a special conference meeting, which is the most direct way to have a specific discussion about the minority leader after his public pause on Wednesday revived questions about his condition. But the Senate GOP also holds private lunches two or three times a week, giving members another forum for hashing out the direction of the party's leadership...." ~~~

     ~~~ Very Classy, Nikki! Tara Suter of the Hill: "GOP presidential candidate Nikki Haley on Thursday called the Senate 'the most privileged nursing home in the country.' In response to a question about Senate Minority Leader Mitch McConnell (R-Ky.) apparently freezing up on Wednesday while taking questions in Covington, Ky., Haley said on Fox News that the Kentucky senator has 'done some great things, and he deserves credit,' but emphasized that 'you have to know when to leave.... No one should feel good about seeing that any more than we should feel good about seeing Dianne Feinstein, any more than we should feel good about a lot of what's happening or seeing Joe Biden's decline,' Haley said." ~~~

     ~~~ Marie: I'll bet Nikki's parents taught her better manners. As RockyGirl wrote in the Comments section a couple of days ago, the immediate, visceral reaction to Mitch's second public lapse is sadness. Even if -- like Nikki -- you see Mitch's lapse as some kind of "golden opportunity" to tout your own youth & vigor, it's pretty damned crass to disparage all the geriatric Senators, especially when you're applying for a job in which you would have to work with the "privileged nursing home" denizens for the good of the nation. ~~~

     ~~~ Jennifer Bahney of Mediaite: “Fox News co-hosts began Outnumbered Thursday by addressing the bipartisan 'gerontocracy' of the U.S. government, citing both Senate Minority Leader Mitch McConnell's (R-KY) 30-second freeze-up and how President Joe Biden was 'too old to run again.'" MB: They forgot to mention, I guess, that Trump is only a few years younger than McConnell & Biden. I'll admit I'd like to see a much younger president, but one old guy's lapse isn't very good evidence that another old guy is likely to freeze up when he's meeting with world leaders, as these brainiacs claim.

Ready for His Close-up. Tim Darnell of Atlanta News First (WANF): "For the first time in American history, cameras and live streaming coverage will be allowed inside the courtroom when a former U.S. president stands trial for allegedly running a criminal enterprise designed to overturn the lawful results of an election. On Thursday, Fulton County Superior Court Judge Scott McAfee said he will permit a live YouTube stream of all related hearings and trials that emanating from District Attorney Fani Willis' vast, sweeping indictment of ... Donald Trump. The live stream will be operated by the court." ~~~

     ~~~ Marie: As you know, if the Georgia cases are removed to federal court, they most likely will not be televised unless His Majesty the Lord High John Roberts decrees cameras will be allowed in the courtroom. Speaking on MSNBC, Glenn Kirschner cited the Crime Victims Rights Act of 2004, which guarantees victims the right not to be excluded from public court proceeding. Since the American people are the victims of Trump & Co.'s (alleged!) crimes, Kirschner said the only way to cram us all into the courtroom is virtually; i.e., via teevee broadcast. I suppose most federal cases are styled United States of America v. So-and-So, but in most cases, the American public is only incidentally or indirectly harmed by the alleged bad acts of the accused. But the Trump crimes are decidedly different from the usual case: he and his cohort tried to rob us of our fundamental right to choose a president.

Peter Charalambous of ABC News: "... Donald Trump has entered a plea of not guilty in the Georgia election interference case and waived his right to appear at his arraignment, according to a filing this morning.... Fulton County Superior Court Judge Scott McAfee on Monday set the date of Sept. 6 for all 19 defendants to be arraigned on charges and enter their pleas in the case. Several other defendants -- including publicist Trevian Kutti, Georgia attorney Ray Smith III and former Trump campaign lawyer Sidney Powell -- have also entered not guilty pleas in order to avoid appearing at their scheduled arraignment." (Also linked yesterday.) ~~~

     ~~~ Update. Danny Hakim & Richard Fausset of the New York Times: Donald Trump's "plea came as Gov. Brian Kemp of Georgia, a fellow Republican, dismissed demands from the former president and some of his supporters to start impeachment proceedings against Fani T. Willis, the prosecutor who brought the case. Without Mr. Kemp's help, it is all the more unlikely that Mr. Trump will be able to derail the prosecution.... Mr. Kemp has the power to unilaterally call a special session; his refusal to do so for an impeachment of Ms. Willis echoes his refusal to call a special session after the 2020 election, when Mr. Trump pressured him to make such a move to help overturn his election loss." (Also linked yesterday.) ~~~

     ~~~ Hannah Rabinowitz of CNN: "Trump also formally asked a judge to sever his case from his co-defendants who want a speedy trial. Trump attorney Steven Sadow says he will not have 'sufficient time' to prepare his case for trial by October 23, 2023...." (Also linked yesterday.)

Trump posted 31 video clips on Truth Social this afternoon. A brief sample. pic.twitter.com/oyOcujmkm2

— Ron Filipkowski (@RonFilipkowski) August 30, 2023

     ~~~ Marie: Forgot to mention this yesterday. annieli of Daily Kos cites a Daily Beast story:"... Donald Trump went absolutely buck wild online Wednesday, posting more than 30 angry videos railing against ... Joe Biden, the Department of Justice, Democrats in general, Fox News, special prosecutor Jack Smith, Rupert Murdoch, and ... Bill Barr, among others. He bragged that his recent interview with Tucker Carlson has beaten Oprah's interview with Michael Jackson as the most watched in history, and claimed the first Republican primary debate on Fox News was 'one of the lowest rated EVER, if not THE LOWEST.'... It's unclear if anything in particular prompted the display, though he did promise on Tuesday to post more videos covering 'many subjects in many timeframes.'" ~~~

     ~~~ Not sure what the significance of the rant's backdrop is. The American flags: obvious. But the picture behind Trump's fat head looks like a litho or print of an English fox hunt: not the scene you'd choose if you wanted to fake the American patriot look. Trump is in Bedminster now, and the swells used to (and perhaps still do) hold fox hunts in Bedminister -- a swell friend of mine from Bedminister said she went on a hunt with Jackie Kennedy and others -- but the countryside in the print is flat, and Bedminster is all rolling hills, as I recall.

Alan Feuer & Zach Montague of the New York Times: "Joseph Biggs, a onetime lieutenant in the Proud Boys, was sentenced on Thursday to 17 years in prison after his conviction on charges of seditious conspiracy for plotting with a gang of pro-Trump followers to attack the Capitol and disrupt the peaceful transfer of presidential power on Jan. 6, 2021. Mr. Biggs's sentence was one of the stiffest penalties issued so far in more than 1,100 criminal cases stemming from the Capitol attack and among only a handful to have been legally labeled an act of terrorism. It was just over half of the 33 years the government had requested and just shy of the 18-year term given in May to Stewart Rhodes, the leader of another far-right group, the Oath Keepers militia, who was also found guilty of sedition. The sentence, handed down by Judge Timothy J. Kelly in Federal District Court in Washington, kicked off a series of hearings scheduled for this week and next at which punishment will b meted out against the former chairman of the Proud Boys, Enrique Tarrio, and three other members of the group who were convicted of sedition and other serious crimes at a landmark conspiracy trial this spring." CNN's story is here. (Also linked yesterday.) ~~~

~~~ Ella Lee of the Hill: "Proud Boy Zachary Rehl was sentenced Thursday to 15 years in prison after being convicted of leading an inflamed mob toward the Capitol on Jan. 6, 2021, in an attempt to stop the certification of the 2020 election results. Addressing the court Thursday, the former Philadelphia Proud Boys chapter president said he let politics consume his life, causing him to 'lose track of who and what mattered most.... I'm done with politics, done with peddling lies for other people who don't care about me,' Rehl said, taking breaks from speaking to wipe his tears and catch his breath.... A former U.S. Marine, Rehl testified at trial that no one told him to attack the Capitol or hurt anyone, and he did not do those things, according to The Associated Press. But on cross-examination, prosecutors presented evidence that showed him spattering law enforcement with a chemical spray -- after he said he could not recall doing so.... [Judge Timothy Kelly] determined Rehl perjured himself during his testimony...."

Lindsay Whitehurst & Christina Cassidy of the AP: "More than a dozen people nationally have been charged with threatening election workers by a Justice Department unit trying to stem the tide of violent and graphic threats against people who count and secure the vote. Government employees are being bombarded with threats even in normally quiet periods between elections, secretaries of state and experts warn. Some point to former President Donald Trump and his allies repeatedly and falsely claiming the 2020 election was stolen and spreading conspiracy theories about election workers."

Jonathan Allen & Ryan Reilly of NBC News: "The No. 2 official in New Hampshire on Donald Trump's presidential campaign told police to kill themselves in an expletive-ridden Jan. 6 video shot close to the U.S. Capitol, according to a recording posted this month by an X account associated with the 'Sedition Hunters,' a group of online sleuths who have helped authorities identify hundreds of people present that day. 'If you are a police officer and are going to abide by unconstitutional bulls---, I want you to do me a favor right now and go hang yourself, because you're a piece of s---,' Dylan Quattrucci, the deputy state director of Trump's campaign in New Hampshire, says in the video. 'Go f--- yourself.'...

While the Capitol is in the background behind him, there is no evidence that he entered the building.

** Abbie VanSickle of the New York Times: "Justice Clarence Thomas reported a luxury trip, private jet flights and a real estate transaction with a Texas billionaire in his annual financial disclosure form, which was released on Thursday morning. In an unusual move, the justice, who has been under increased scrutiny in recent months after he failed to disclose gifts and travel paid for by wealthy friends, included a detailed defense of his previous filings. Justice Thomas wrote that he had 'adhered to the then existing judicial regulations as his colleagues had done, both in practice and in consultation with the Judicial Conference.' But he said he 'continues to work with Supreme Court officials and the committee staff for guidance on whether he should further amend his reports from any prior years.'... Justice [Samuel] Alito's financial disclosure form was also released on Thursday morning. [The filings were due in June,] but Justices Thomas and ... Alito requested 90-day extensions...." (Also linked yesterday.) ~~~

     ~~~ Mark Sherman of the AP: "Supreme Court Justice Clarence Thomas is acknowledging that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow. It's the first time in years that Thomas has reported receiving hospitality from Crow. In a report made public Thursday, the 75-year-old justice said he was complying with new guidelines from the federal judiciary for reporting travel, but did not include any earlier travel at Crow's expense, including a 2019 trip in Indonesia aboard the yacht owned by the wealthy businessman and benefactor of conservative causes." CNN's story is fairly comprehensive. (Also linked yesterday.) ~~~

     ~~~ You can read Thomas's & Alito's financial disclosure statements here, via Politico. (Also linked yesterday.)

     ~~~ See also Akhilleus' commentary in yesterday's thread. Marie: If you think Thomas & Alito have told the truth, the whole truth & nothing but the truth on their "disclosure" forms, I've got a swell yacht AND a private jet I'll sell you for a low, low price. Indeed, Clarence admits his "disclosures" are incomplete when he says he "continues to work" with staff to amend prior years' reports. I wonder if "staff" will help him deal with "disclosures" he also accidentally forgot to mention to the IRS. It would be a pity of Clarence or Sam wound up in tax fraudster jail, which is probably not that much nicer than insurrection jail or than even armed-robbery jail.

Of Smugglers & Nazi Looters

Tom Mashberg of the New York Times: "With its flowing robes and stoic posture, the larger-than-life bronze statue believed to represent the great Roman statesman Marcus Aurelius had, since 1986, held pride of place in the Greek and Roman galleries at the Cleveland Museum of Art. Now the statue is off display, seized under a warrant earlier this month by the Manhattan district attorney's office. The office said on Thursday that the seizure was related to an 'ongoing criminal investigation into a smuggling network involving antiquities looted from Turkey and trafficked through Manhattan.' In their warrant, investigators put the value of the statue, which is headless, at $20 million, and said it was about 1,800 years old. They said it would be transported to New York in September. According to the district attorney's Antiquities Trafficking Unit, the accused traffickers were based in New York, giving the unit legal authority to seize the statue from another state because New York was the 'focal point of the conspiracy.'"

Zachary Small of the New York Times: "Christie's announced on Thursday that a second sale of jewelry from the collection of the Austrian heiress Heidi Horten had been canceled, citing the 'intense scrutiny' that the auction house had faced from Jewish organizations and some collectors. Ahead of the initial sale in May, which generated a record $202 million from diamonds, emeralds and sapphires, The New York Times reported on the connections between the Horten fortune and Nazi-era policies that helped her husband, the German retailer Helmut Horten, expand his department store chain during that time at the expense of disenfranchised Jewish business owners. Helmut Horten died in 1987 and Heidi Horten in 2022. The Heidi Horten Foundation said then that the proceeds would go toward medical research and to a Vienna museum dedicated to artwork the couple had owned. But some historians found the auction house's decision to move forward with the sale distasteful, and employees had raised concerns internally about tarnishing its reputation. After the criticism, Christie's added information to the auction materials saying that Helmut Horten had bought Jewish businesses that were 'sold under duress,' and said the auction house would donate a portion of the proceeds to Holocaust research and education."

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Arkansas. Christiano Lima of the Washington Post: "A federal judge on Thursday temporarily blocked an Arkansas law forcing social media companies to verify users' ages and requiring that minors get parental consent to set up account. Tech industry trade group NetChoice in June sued to strike down the state law as unconstitutional, arguing it violated users' First Amendment rights and imposed 'onerous obligations' on digital platforms. In granting NetChoice's request for a preliminary injunction against the law, U.S. District Court Judge Timothy Brooks expressed deep reservations about its constitutionality and efficacy."

Texas. Marie: If the main purpose of anti-abortion laws is not to harass young women, I don't know what it is. It certainly isn't about saving fetuses. ~~~

     ~~~ Caroline Kitchener of the Washington Post: "More than a year after Roe v. Wade was overturned, many conservatives have grown frustrated by the number of people able to circumvent antiabortion laws -- with some advocates grasping for even stricter measures they hope will fully eradicate abortion nationwide. That frustration is driving a new strategy in heavily conservative cities and counties across Texas. Designed by the architects of the state's 'heartbeat' ban..., ordinances like the one proposed in Llano -- where some 80 percent of voters in the county backed President Donald Trump in 2020 -- make it illegal to transport anyone to get an abortion on roads within the city or county limits. The laws allow any private citizen to sue a person or organization they suspect of violating the ordinance. Antiabortion advocates behind the measure are targeting regions along interstates and in areas with airports, with the goal of blocking off the main arteries out of Texas and keeping pregnant women hemmed within the confines of their antiabortion state." ~~~

     ~~~ Marie: Kitchener points out that there is a Constitutional right to travel in the U.S. and that these ordinances violate that, but it's difficult to sue because private citizens are the rats. If you can't leave your home on a public road, isn't that unlawful imprisonment?

Texas. David Goodman of the New York Times: "The Texas Supreme Court allowed a new law banning transition care for transgender minors to go into effect on Friday, halting a range of medically-accepted treatments, including hormones and puberty blockers, in the nation's most populous Republican-led state." However, legal challenges are proceeding. ~~~

~~~ Eduardo Medina of the New York Times: "A federal judge on Thursday temporarily blocked a new Texas law that would restrict drag shows, a victory for L.G.B.T.Q. groups that have criticized the measure as an attack against drag performers and organizers. Judge David Hittner of the U.S. District Court for the Southern District of Texas wrote in his ruling that the law was unconstitutional because it violated First Amendment rights and that his decision would remain in effect for 14 days while he deliberates on a more permanent order." ~~~

     ~~~ Marie: Doesn't leave you a lot of room to wonder why Canada issued a travel warning to potential visitors to the U.S. If you want to see a rodeo, try the Calgary Stampede.

News Lede

CNN: "An inmate convicted of murder escaped a prison in Pennsylvania's Chester County on Thursday morning, according to local officials. Danelo Cavalcante, 34, broke out of Chester County Prison at around 8:50 a.m. Thursday, the Chester County District Attorney's Office said. The district attorney, Deb Ryan, described Cavalcante as 'an extremely dangerous man.' Cavalcante was last seen at around 9:40 a.m. walking along a nearby road in Pocopson Township, wearing a white T-shirt, gray shorts and white sneakers. The prison is about 30 miles west of Philadelphia."

The Conversation -- August 31, 2023

Alan Feuer & Zach Montague of the New York Times: "Joseph Biggs, a onetime lieutenant in the Proud Boys, was sentenced on Thursday to 17 years in prison after his conviction on charges of seditious conspiracy for plotting with a gang of pro-Trump followers to attack the Capitol and disrupt the peaceful transfer of presidential power on Jan. 6, 2021. Mr. Biggs's sentence was one of the stiffest penalties issued so far in more than 1,100 criminal cases stemming from the Capitol attack and among only a handful to have been legally labeled an act of terrorism. It was just over half of the 33 years the government had requested and just shy of the 18-year term given in May to Stewart Rhodes, the leader of another far-right group, the Oath Keepers militia, who was also found guilty of sedition. The sentence, handed down by Judge Timothy J. Kelly in Federal District Court in Washington, kicked off a series of hearings scheduled for this week and next at which punishment will be meted out against the former chairman of the Proud Boys, Enrique Tarrio, and three other members of the group who were convicted of sedition and other serious crimes at a landmark conspiracy trial this spring." CNN's story is here.

Abbie VanSickle of the New York Times: "Justice Clarence Thomas reported a luxury trip, private jet flights and a real estate transaction with a Texas billionaire in his annual financial disclosure form, which was released on Thursday morning. In an unusual move, the justice, who has been under increased scrutiny in recent months after he failed to disclose gifts and travel paid for by wealthy friends, included a detailed defense of his previous filings. Justice Thomas wrote that he had 'adhered to the then existing judicial regulations as his colleagues had done, both in practice and in consultation with the Judicial Conference.' But he said he 'continues to work with Supreme Court officials and the committee staff for guidance on whether he should further amend his reports from any prior years.'... Justice [Samuel] Alito's financial disclosure form was also released on Thursday morning. [The filings were due in June,] but Justices Thomas and ... Alito requested 90-day extensions...." ~~~

     ~~~ Mark Sherman of the AP: "Supreme Court Justice Clarence Thomas is acknowledging that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow. It's the first time in years that Thomas has reported receiving hospitality from Crow. In a report made public Thursday, the 75-year-old justice said he was complying with new guidelines from the federal judiciary for reporting travel, but did not include any earlier travel at Crow's expense, including a 2019 trip in Indonesia aboard the yacht owned by the wealthy businessman and benefactor of conservative causes." CNN's story is fairly comprehensive. ~~~

     ~~~ You can read Thomas's & Alito's financial disclosure statements here, via Politico.

     ~~~ See also Akhilleus' commentary below. Marie: If you think Thomas & Alito have told the truth, the whole truth & nothing but the truth on their "disclosure" forms, I've got a swell yacht AND a private jet I'll sell you for a low, low price. Indeed, Clarence admits his "disclosures" are incomplete when he says he "continues to work" with staff to amend prior years' reports. I wonder if "staff" will help him deal with "disclosures" he also accidentally forgot to mention to the IRS. It would be a pity of Clarence or Sam wound up in tax fraudster jail, which is probably not that much nicer than insurrection jail or than even armed-robbery jail.

Peter Charalambous of ABC News: "... Donald Trump has entered a plea of not guilty in the Georgia election interference case and waived his right to appear at his arraignment, according to a filing this morning.... Fulton County Superior Court Judge Scott McAfee on Monday set the date of Sept. 6 for all 19 defendants to be arraigned on charges and enter their pleas in the case. Several other defendants -- including publicist Trevian Kutti, Georgia attorney Ray Smith III and former Trump campaign lawyer Sidney Powell -- have also entered not guilty pleas in order to avoid appearing at their scheduled arraignment." ~~~

     ~~~ Update. Danny Hakim & Richard Fausset of the New York Times: Donald Trump's "plea came as Gov. Brian Kemp of Georgia, a fellow Republican, dismissed demands from the former president and some of his supporters to start impeachment proceedings against Fani T. Willis, the prosecutor who brought the case. Without Mr. Kemp's help, it is all the more unlikely that Mr. Trump will be able to derail the prosecution.... Mr. Kemp has the power to unilaterally call a special session; his refusal to do so for an impeachment of Ms. Willis echoes his refusal to call a special session after the 2020 election, when Mr. Trump pressured him to make such a move to help overturn his election loss." ~~~

     ~~~ Hannah Rabinowitz of CNN: "Trump also formally asked a judge to sever his case from his co-defendants who want a speedy trial. Trump attorney Steven Sadow says he will not have 'sufficient time' to prepare his case for trial by October 23, 2023...."

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Joe vs. the Stupid. Jennifer Haberkorn of Politico: Florida Gov. Ron DeSantis has rejected some $350 million in Inflation Reduction Act direct rebates to Floridians who buy energy-efficient products which combat climate change. "The governor also rejected $3 million in IRA funds to help the state fight pollution and rebuffed the Solar for All program which would have paid to help low-income people access solar panels.... DeSantis' decision could serve as a line of political attack: with another hurricane looming amid possibly the hottest summer on record, the governor is placing opposition to Biden over helping Floridians weatherize their homes, and helping protect them from pollution or buy energy efficient appliances." ~~~

     ~~~ Marie: The article makes clear that DeSantis & the GOP legislature are rejecting the funds because DeSantis doesn't want to give Biden and Democrats credit for helping Floridians combat the climate change that is causing devastating harm to their state. And DeSantis did this in a state that is uniquely vulnerable to some of the worst climate-change effects. ~~~

~~~ "To Ron DeSantis this existential threat to the peninsula he represents is just another political debate": ~~~

     ~~~ MEANWHILE. FEMA $$$ Is Fine. Summer Concepcion & Rebecca Shabad of NBC News: "President Joe Biden said the federal government will play a key role in assisting states affected by Hurricane Idalia after the life-threatening storm made landfall Wednesday morning in Florida.... Biden said he had spoken with Florida Gov. Ron DeSantis and that he had directed Federal Emergency Management Agency Administrator Deanne Criswell to fly there and meet with the governor.... [Biden told DeSantis] that he had quickly approved an emergency declaration for the state amid preparations for Idalia.... FEMA's National Response Coordination Center is also fully activated to support requests for federal assistance." The article goes on to discuss Biden's efforts to help the residents of Maui & Hawaii in general after the devastating fires that leveled Maui's historic town of Lahaina & other areas. MB: IOW, it's okay to take federal money to cover the effects of climate change but not to take money to cover the causes of the climate-change disasters. I suppose you can't heroically ride in in your white go-go boots to announce a promise of help for a disaster that hasn't happened yet.

Nick Niedzwiadek of Politico: "The Biden administration on Wednesday proposed giving raises to more than 3 million workers by making them eligible for overtime pay. The move by the Department of Labor comes more than eight years after the Obama administration embarked upon a similar effort to boost wages by rewriting overtime eligibility rules under the Fair Labor Standards Act. Workers making less than about $55,000 annually would be automatically entitled to time-and-a-half pay under DOL's proposal, up from $35,568 set in 2019 under ... Donald Trump. The Obama-era plan initially proposed setting a $50,440 floor before settling on $47,476 annually -- though a federal judge in Texas blocked the rule from taking effect. DOL estimates that the change would result in higher wages for 3.6 million workers.... The Biden proposal, if finalized, will likely face similar legal arguments to the ones presented against the Obama overtime rule.... Employer groups, whose members would likely see increased labor costs as a result of DOL's proposed policy, quickly lined up in opposition."

Frank Thorp of NBC News: "Senate Minority Leader Mitch McConnell appeared to freeze again Wednesday, this time during a gaggle with reporters in Covington, Kentucky, stopping for more than 30 seconds after he was asked if he would run for re-election.... When it became apparent that McConnell had frozen again on Wednesday, an aide came up to him and asked, 'Did you hear the question, senator?' McConnell continued to be unresponsive. Once McConnell re-engaged, he responded briefly to another question about Kentucky Attorney General Daniel Cameron, a Republican; his aide needed to repeat the question to him. McConnell was then asked about ... Donald Trump, another question that had to be repeated. McConnell brushed off the question because he does not usually engage in Trump-related topics." (Also linked yesterday.) The New York Times story is here. ~~~

     ~~~ Marie: Since Mitch has had these medical incidents twice in public, it's highly likely he has experienced others in private. Mitch and Sen. Dianne Feinstein should retire now. ~~~

     ~~~ Burgess Everett of Politico: "Mitch McConnell's latest health scare guarantees Republican senators will return from recess next week just as they left -- publicly and privately discussing the future of their 81-year-old leader.... Senators quickly sought more information about McConnell's health after the incident, according to one person familiar with the dynamics. Shortly after the Wednesday incident, McConnell held calls with his closest allies including Minority Whip John Thune (R-S.D.), Conference Chair John Barrasso (R-Wyo.) and Sen. John Cornyn (R-Texas), according to people familiar with the calls. All of them are potential successors to McConnell.... some Republican senators privately say his grip on the [GOP] caucus and his engagement in meetings has waned since [he suffered a concussion in] March." ~~~

~~~ With Great Wealth Come Greedy Heirs. Dustin Gardiner of Politico: "The feud over the estate left by Sen. Dianne Feinstein"s late husband, Richard Blum, has many of the ingredients of a Netflix thriller -- complete with a billion-dollar fortune and the potential for a season-ending cliffhanger over whether she will unleash political chaos by retiring from the Senate. It's the story that everyone is whispering about given the messy final chapter in the life of a grand dame of California politics. The family struggle that has emerged in recent weeks raises fresh questions about the 90-year-old senator's ability to serve. A review of the San Francisco Superior Court file, along with a half-dozen interviews with family friends and associates, suggests Feinstein appears to be almost completely removed from the legal brawl, despite her stature and vast knowledge of government and the law.... The family legal battle mirrors the uncomfortable debate over her future in Washington -- with Feinstein herself largely silent about the drama surrounding her."

Carl Hulse & Luke Broadwater of the New York Times: "Facing the prospect of a politically damaging government shutdown within weeks, House Speaker Kevin McCarthy is offering a new argument to conservatives reluctant to vote to keep funding flowing: A shutdown would make it more difficult for Republicans to pursue an impeachment inquiry against President Biden, or to push forward with investigations of him and his family that could yield evidence for one. Mr. McCarthy first made the case on Sunday during an interview on Fox News.... In the interview, he called impeachment a 'natural step forward' from the many inquiries Republicans have pursued against the president, but he sidestepped a question about whether he had the votes to do so given the deep divisions among G.O.P. lawmakers about such a course." MB: Note that the reporters continue to call radical right MOCs "conservatives."

This Was the Jorge Who Was. Terrence McCoy & Marina Dias of the Washington Post: "... in his mother's native Niterói, [Brazil, Rep. George] Santos [R-N.Y.] actively participated in the budding gay rights movement, according to photos and people who knew him, and performed in drag more often than he has acknowledged. He attended the city's first Pride parades, handed out pamphlets at events, befriended some of the city's leading activists, and climbed nightclub stages to dance and lip sync in his drag persona, Kitara Ravache, promising to one day compete himself in Miss Brasil Gay.... In the United States..., Santos has backed hard-line policies that many in the LGBTQ community find discriminatory.... Santos, who previously denied performing in drag in Brazil, told The Washington Post that he did so only on [one] 2007 day, when he was 19, at the behest of family friend.... Hints of the scandals to come ... are sprinkled throughout his time in Brazil. Santos ... was known as an enigma, masked by multiple identities and apparently tall tales." The article goes into some details about Santos' life in Brazil.

Trials of the Trump Crime Family

Jonah Bromwich, et al., of the New York Times: "Before any of [the Trump] criminal trials will take place, Mr. Trump is scheduled for a civil trial in New York in October. During the trial, the attorney general, Letitia James, will seek to bar him and three of his children from leading their family business, the Trump Organization, and to require him to pay a fine of around $250 million. On Wednesday, Ms. James fired an opening salvo, arguing that a trial is not necessary to find that Mr. Trump and the other defendants inflated the value of their assets in annual financial statements, fraudulently obtaining favorable loans and insurance arrangements. The fraud was so pervasive, she said in a court filing, that Mr. Trump had falsely boosted his net worth by between $812 million and $2.2 billion each year over the course of a decade. 'Based on the undisputed evidence, no trial is required for the court to determine that defendants presented grossly and materially inflated asset values,' the filing said. But Mr. Trump&'s lawyers, in their own motion, argued that the entire case should be thrown out, relying in large part on a recent appellate court decision that appeared as if it could significantly narrow the scope of the case because of a legal time limit.... Both filings seek what is known as summary judgment, or a ruling from the judge that they are entitled to a victory before trial based on undisputed facts in evidence." CNBC's story is here. ~~~

     ~~~ The Most Honest Person in the World." Ben Protess, et al., of the New York Times: "Under oath and under fire, Donald J. Trump sat for a seven-hour interview with the New York attorney general's office in April, part of the civil fraud case against him and his company. But as lawyers from the office grilled Mr. Trump on the inner-workings of his family business, which is accused of inflating his net worth by billions of dollars, he responded with a series of meandering non sequiturs, political digressions and self-aggrandizing defenses.... Although Mr. Trump invoked his constitutional right against self-incrimination when initially questioned by the office last year, he answered questions from the attorney general, Letitia James, and her lawyers in the April deposition, a transcript of which was unsealed on Wednesday.... Below are some of the highlights from the transcript of his deposition[.]" ~~~

~~~ Here's one: "I was very busy. I was -- I considered this the most important job in the world, saving millions of lives. I think you would have nuclear holocaust, if I didn't deal with North Korea. I think you would have a nuclear war, if I weren't elected. And I think you might have a nuclear war now, if you want to know the truth." And this: "And friends of mine have said, you are the most honest person in the world." The AP's report is here. A copy of the deposition, via the AP is here.

Martin Pengelly of the Guardian: "Donald Trump says he will lock up his political enemies if he is president again. In an interview on Tuesday, the rightwing broadcaster Glenn Beck raised Trump's famous campaign-trail vow to 'lock up' Hillary Clinton, his opponent in 2016, a promise Trump did not fulfill in office. Beck said: 'Do you regret not locking [Clinton] up? And if you're president again, will you lock people up?' Trump said: 'The answer is you have no choice, because they're doing it to us.'... Trump told Beck that [President] Biden was behind the indictments against him. In fact, all were brought by prosecutors independent of the White House.... Also facing investigations of his business affairs, Trump said Democrats and other opponents were 'sick people ... evil people'."

** Alan Feuer of the New York Times: "A federal judge ruled on Wednesday that Rudolph W. Giuliani was liable for defaming two Georgia election workers by repeatedly declaring that they had mishandled ballots while counting votes in Atlanta during the 2020 election. The ruling by the judge, Beryl A. Howell in Federal District Court in Washington, means that the defamation case against Mr. Giuliani, a central figure in ... Donald J. Trump's efforts to remain in power after his election loss, can proceed to trial on the narrow question of how much, if any, damages he will have to pay the plaintiffs in the case.... Judge Howell's decision came a little more than a month after Mr. Giuliani conceded in two stipulations in the case that he had made false statements when he accused the election workers, Ruby Freeman and Shaye Moss, of manipulating ballots while working at the State Farm Arena for the Fulton County Board of Elections.... But Judge Howell, complaining that Mr. Giuliani's stipulations 'hold more holes than Swiss cheese,' took the proactive step of declaring him liable for 'defamation, intentional infliction of emotional distress, civil conspiracy and punitive damage claims.'" Politico's report is here. (Also linked yesterday.)

Paul Duggan of the Washington Post: Federal Judge Amit Mehta "ruled Wednesday that Peter Navarro, a Trump White House adviser charged with criminal contempt of Congress, cannot argue to a jury that he was barred by executive privilege from providing testimony and documents to the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. Navarro, who has written and spoken extensively about his role in efforts to reverse ... Donald Trump's 2020 election defeat, is set to go on trial in the contempt case next week in U.S. District Court in Washington.... Navarro has produced nothing in writing from Trump [claiming to invoke executive privilege], nor has Trump publicly corroborated his account." MB: Trump lies about everything; why wouldn't he lie to get Navarro out of a jam? Trump either thinks (a) there's nothing in it for him, or (b) Navarro could -- or already has -- hurt him. (Also linked yesterday.)

Chris Whipple in a New York Times op-ed: "... as a cautionary tale for American democracy and the conduct of its executive branch, [Mark] Meadows is in a league of his own. By the standards of previous chiefs of staff, he was a uniquely dangerous failure -- and he embodies a warning about the perils of a potential second Trump term.... The chief's most important duty is to tell the president hard truths.... It was Mr. Meadows's critical failure to tell the president what he didn't want to hear that helped lead to the country's greatest political scandal.... Mr. Meadows didn't just act as a doormat to President Trump; he seemed to let everyone have his or her way.... As part of the efforts to subvert the 2020 election, Mr. Meadows paraded a cast of incompetent bootlickers into the Oval Office.... Mr. Meadows's testimony this week that his actions were just part of his duties as White House chief of staff is a total misrepresentation of the position.... Any competent White House chief of staff would have thrown his body in front of that call [to Georgia Secretary of State Brad Raffensperger].... But the bigger problem for our country is that [Mr. Meadows'] failure is a template for the inevitable disasters in a potential second Trump administration.... Mr. Trump has already signaled that in a second term, his department heads and cabinet officers would be expected to blindly obey orders."

Josephine Harvey of the Huffington Post (republished in Yahoo! News): "Fox News host Laura Ingraham told John Eastman she had not seen evidence of fraud in the 2020 election after the former Donald Trump attorney claimed he had 'lots' of it. In Tuesday's Fox News interview, Eastman continued to double down on lies about the election, and insisted he 'had lots of evidence of fraud.' 'I haven't seen that evidence, and I'm always wanting to see everything,' Ingraham said." Ingraham is following the new Fox policy of admitting their was no evidence of voter fraud after losing a huuuge defamation suit because Fox personalities repeatedly supported claims that Dominion voting machines were rigged to switch Trump votes to Biden votes. ~~~

     ~~~ Marie: Eastman claimed in the same interview, according to the Washington Examiner, that there was no evidence "that he and his co-defendants knew what they were saying was false and baseless but sought to overturn the election anyway. 'They got all my emails,' he said. 'My phone was seized over a year ago. They have got all that stuff as well. I challenge them to find a single email or communication that supports that implausible theory.'" Yet -- based on his communications and on sworn testimony of multiple witnesses recorded in the federal indictment of Donald Trump & before the House January 6 committee -- there is a good deal of publicly-available evidence that Eastman knew the claims of massive voter fraud were fake & would not stand up to judicial review. Federal Judge David Carter, upon reviewing the communications determined that Eastman & Trump met the crime-fraud exception to attorney-client privilege because they "most likely committed felonies," including obstructing the work of Congress on Jan. 6 and conspiring to defraud the United States."

     ~~~ Eastman seems to have a serious case of dementia criminalus: sudden onset and specific amnesia brought about by a guilty knowledge of criminal culpability. Symptoms may be exacerbated by indictments or other legal actions brought against the sufferer. The condition is known to have been transferred from person-to-person via conspiracy theory.

It's Not Climate Change, It's a "Directed Energy Weapon." Tiffany Hsu of the New York Times: "As natural disasters and extreme environmental conditions became more commonplace around the world this summer, scientists pointed repeatedly to a shared driver: climate change. Conspiracy theorists pointed to anything but. Some claimed falsely that the record-smashing heat waves blistering parts of North America, Europe and Asia were normal, and that they had been sensationalized as part of a globalist hoax. Others made up tales that cloud-seeding airplanes or a nearby dam, rather than torrential rains, had caused the unusually intense flooding in northern Italy (and in places like Vermont and Rwanda).... Social media that racked up millions of views blamed the [Maui] blaze on a 'directed energy weapon' (the evidence: years-old footage not recorded in Hawaii).... Sometimes, 'the conspiracy theories] are amplified by top politicians and pundits -- the Republican presidential candidate Vivek Ramaswamy, for example, called climate change a 'hoax' during the first primary debate last week.... Deniers [describe scientific climate theory] as a tyrannical control tactic -- an effort to relocate rural residents to cities to be better monitored, to compel people to isolate indoors or to force a shift to renewable energy by sabotaging the fossil fuel industry." (Also linked yesterday.)

Jason Horowitz & Ruth Graham of the New York Times: "Pope Francis has expressed in unusually sharp terms his dismay at 'a very strong, organized, reactionary attitude' opposing him within the U.S. Roman Catholic Church, one that fixates on social issues like abortion and sexuality to the exclusion of caring for the poor and the environment. The pope lamented the 'backwardness' of some American conservatives who he said insist on a narrow, outdated and unchanging vision. They refuse, he said, to accept the full breadth of the Church's mission and the need for changes in doctrine over time.... It has become a major theme of his papacy that he sees himself as bringing the church forward while his misguided conservative critics try to hold it back."

Presidential Race 2024

Wherein Jesse Watters of Fox "News" explains why the mugshot will persuade millions of Black Americans to vote for Donald Trump. Philip Bump of the Washington Post: "As part of their never-ending effort to depict everything that their opponents do as an embarrassing mistake, prominent voices on the right have decided that the mug shot of ... Donald Trump ... has been a huge asset to Trump's reelection bid.... Because, the argument goes, Black Americans reflexively identify with someone who has been arrested.... [The problem?] Fox News and others on the right have invested heavily in the idea that there is no systemic bias affecting Black Americans.... [So] Watters framed the idea as loosely as he possibly could -- centering it on Black 'feelings'[:]... 'Black Americans, throughout our history, have felt unfairly victimized by the system,' he said. 'Historically, there's some truth to that.... The mug shot unintentionally created a bond between Donald Trump and Black Americans,' he claimed.... He added: 'There's a new forgotten man: the Black man.' [And Watters has proof of his thesis:] 'Today, my garbageman told me he's buying mug shot T-shirts for everyone he knows this Christmas!'" ~~~

     ~~~ Marie: Naturally, we are left to assume that Jesse's "garbageman" is a person of color. Anyhow, hat's off to the sanitation worker who wound up Jesse. Before he shows up for work at 5:00 am, he probably does a set at a MacDougal Street comedy club. And kills!

~~~~~~~~~~

Arizona. Jen Fifeld of the Arizona Mirror: "Maricopa County Supervisors Chairman Clint Hickman ... told a judge ... he remembers the years of harassment against him[, his family] and his colleagues ... propelled by lies about the fairness of the county's [2020] presidential election.... Behind him at the defendant's table as he spoke sat Mark Rissi of Cedar Rapids, Iowa -- one of many who had threatened him. A few days after the release of the results of the partisan 'audit' of the county's 2020 election, in September 2021, Rissi called Hickman's office phone and accused him of lying about the fairness of the election, told him he was going to die, and said 'we're going to hang you.' He called former Attorney General Mark Brnovich a few months later with a similar threat. U.S. District Judge Dominic W. Lanza on Monday sentenced Rissi, 65, to two-and-a-half years in prison and three years of probation after Rissi pleaded guilty to two counts of making interstate threats.... On Monday, Rissi told the judge he was remorseful..., [but Lanza reminded him that when the FBI interviewed him in June 2022, he said] he 'didnt want anyone to be lynched or hanged illegally, but a lot of people still need to be hanged.'" (Also linked yesterday.)

Tennessee. That Went Well. Erin McCullough of WKRN (Nashville): "The special session of the Tennessee General Assembly ended in chaos, including pushing and shoving between lawmakers and shouting from the public. Republican lawmakers rammed through an adjournment of the House sine die before Rep. Justin Jones could officially call for a vote of no confidence of Speaker Cameron Sexton. Shortly after the House was gaveled out, a situation between Rep. Justin Pearson and Sexton broke out before lawmakers swarmed both men to separate them." (Also linked yesterday.) ~~~

     ~~~ Kimberlee Kruesi & Jonathan Matisse of the AP: "Tennessee lawmakers on Tuesday abruptly ended a special session initially touted to improve public safety in the wake of a deadly elementary school shooting, but it quickly unraveled into chaos over the past week as the GOP-dominant Statehouse refused to take up gun control measures and instead spent most of the time ensnared in political infighting.... Ultimately, lawmakers could only agree to pass four bills, which in part encourage but don't require using safe gun storage devices; require an annual human trafficking report; add the governor's existing order on background checks into state law; and increase funding for mental health and K-12 and higher education safety initiatives. Only a few gun control measures fell within the session's narrow parameters, and those were rejected without debate." (Also linked yesterday.)

Texas. Joshua Fechter of the Texas Tribune: "A sweeping new Texas law aimed at undermining the ability of the state's bluer urban areas to enact progressive policies is unconstitutional, a Travis County judge ruled Wednesday. State District Judge Maya Guerra Gamble made the ruling just days before the law -- House Bill 2127, which opponents nicknamed the 'Death Star' bill -- is slated to take effect on Friday. The Republican-backed law aims to stop ... cities and counties from passing local ordinances that go further than what's allowed under broad areas of state law. The law is still expected to go into effect, but Houston City Attorney Arturo Michel said Wednesday's ruling gives cities fodder to counter any lawsuit against local ordinances challenged under the umbrella of HB 2127. The state has already appealed the ruling, a spokesperson for the Texas Attorney General's Office said." MB: This is the law that says, among other things, that Texas cities cannot enforce ordinances that require humanitarian treatment of employees, like giving highway workers water breaks.

Wisconsin. Zach Montellaro of Politico: "Wisconsin Republicans are moving to fire the state's nonpartisan elections director ahead of the upcoming presidential primary in the state, casting a shadow of uncertainty over 2024 elections.... Democrats say Republicans want to drive [Director Meagan] Wolfe out of office as retribution for decisions the commission made in 2020.... 'I think that it's largely out of a desire to find an explanation for Donald Trump's loss other than fewer people voted for him than Joe Biden,' Ann S. Jacobs, one of the Democratic commissioners on the WEC, said of the machinations to remove Wolfe. 'She is the chief elections officer, she offers a face to the conspiracy theories.'... Wolfe, who is widely respected among her peers working on running elections, has the support of election officials in both parties from Wisconsin."

News Ledes

New York Times: Tropical storm "Idalia was making its way through South Carolina overnight on Thursday, dumping heavy rains, flooding streets and imperiling coastal communities with the double threat of storm surge and high tides. The center of the storm passed just north of Charleston around midnight, its maximum wind speeds having slowed to 60 miles per hour. In an early sign that some waterfront communities had been spared the worst, the fire chief of Edisto Beach, S.C., said there was 'zero to minimal damage' there even after waves had breached sand dunes that protect homes earlier in the night." An AP story is here.

New York Times: Hurricane Franklin "was moving away from Bermuda and farther into the Atlantic Ocean on Thursday morning. It was expected to gradually weaken over the next few days, the National Hurricane Center said. The dangerous surf and rip currents that the storm has produced along the coasts of the East Coast of the United States are forecast to continue. The storm weakened to a Category 2 on Wednesday from Category 4, but it was expected to remain a hurricane through the rest of the week."

The Conversation -- August 30, 2023

** Alan Feuer of the New York Times: "A federal judge ruled on Wednesday that Rudolph W. Giuliani was liable for defaming two Georgia election workers by repeatedly declaring that they had mishandled ballots while counting votes in Atlanta during the 2020 election. The ruling by the judge, Beryl A. Howell in Federal District Court in Washington, means that the defamation case against Mr. Giuliani, a central figure in ... Donald J. Trump's efforts to remain in power after his election loss, can proceed to trial on the narrow question of how much, if any, damages he will have to pay the plaintiffs in the case.... Judge Howell's decision came a little more than a month after Mr. Giuliani conceded in two stipulations in the case that he had made false statements when he accused the election workers, Ruby Freeman and Shaye Moss, of manipulating ballots while working at the State Farm Arena for the Fulton County Board of Elections.... But Judge Howell, complaining that Mr. Giuliani's stipulations 'hold more holes than Swiss cheese,' took the proactive step of declaring him liable for 'defamation, intentional infliction of emotional distress, civil conspiracy and punitive damage claims.'" Politico's report is here.

Paul Duggan of the Washington Post: Federal Judge Amit Mehta "ruled Wednesday that Peter Navarro, a Trump White House adviser charged with criminal contempt of Congress, cannot argue to a jury that he was barred by executive privilege from providing testimony and documents to the House committee investigating the Jan. 6, 2021, attack on the U.S. Capitol. Navarro, who has written and spoken extensively about his role in efforts to reverse ... Donald Trump's 2020 election defeat, is set to go on trial in the contempt case next week in U.S. District Court in Washington.... Navarro has produced nothing in writing from Trump [claiming to invoke executive privilege], nor has Trump publicly corroborated his account." MB: Trump lies about everything; why not lie for Navarro?

Frank Thorp of NBC News: "Senate Minority Leader Mitch McConnell appeared to freeze again Wednesday, this time during a gaggle with reporters in Covington, Kentucky, stopping for more than 30 seconds after he was asked if he would run for re-election.... When it became apparent that McConnell had frozen again on Wednesday, an aide came up to him and asked, 'Did you hear the question, senator?' McConnell continued to be unresponsive. Once McConnell re-engaged, he responded briefly to another question about Kentucky Attorney General Daniel Cameron, a Republican; his aide needed to repeat the question to him. McConnell was then asked about ... Donald Trump, another question that had to be repeated. McConnell brushed off the question because he does not usually engage in Trump-related topics." ~~~

     ~~~ Marie: Since Mitch has had these medical incidents twice in public, it's highly likely he has experienced others in private. Mitch and Sen. Dianne Feinstein should retire now.

It's Not Climate Change, It's a "Directed Energy Weapon." Tiffany Hsu of the New York Times: "As natural disasters and extreme environmental conditions became more commonplace around the world this summer, scientists pointed repeatedly to a shared driver: climate change. Conspiracy theorists pointed to anything but. Some claimed falsely that the record-smashing heat waves blistering parts of North America, Europe and Asia were normal, and that they had been sensationalized as part of a globalist hoax. Others made up tales that cloud-seeding airplanes or a nearby dam, rather than torrential rains, had caused the unusually intense flooding in northern Italy (and in places like Vermont and Rwanda).... Social media that racked up millions of views blamed the [Maui] blaze on a 'directed energy weapon' (the evidence: years-old footage not recorded in Hawaii).... Sometimes, 'the conspiracy theories] are amplified by top politicians and pundits -- the Republican presidential candidate Vivek Ramaswamy, for example, called climate change a 'hoax' during the first primary debate last week.... Deniers [describe scientific climate theory] as a tyrannical control tactic -- an effort to relocate rural residents to cities to be better monitored, to compel people to isolate indoors or to force a shift to renewable energy by sabotaging the fossil fuel industry."

Arizona. Jen Fifeld of the Arizona Mirror: "Maricopa County Supervisors Chairman Clint Hickman ... told a judge ... he remembers the years of harassment against him[, his family] and his colleagues ... propelled by lies about the fairness of the county's [2020] presidential election.... Behind him at the defendant's table as he spoke sat Mark Rissi of Cedar Rapids, Iowa -- one of many who had threatened him. A few days after the release of the results of the partisan 'audit' of the county's 2020 election, in September 2021, Rissi called Hickman's office phone and accused him of lying about the fairness of the election, told him he was going to die, and said 'we're going to hang you.' He called former Attorney General Mark Brnovich a few months later with a similar threat. U.S. District Judge Dominic W. Lanza on Monday sentenced Rissi, 65, to two-and-a-half years in prison and three years of probation after Rissi pleaded guilty to two counts of making interstate threats.... On Monday, Rissi told the judge he was remorseful..., [but Lanza reminded him that when the FBI interviewed him in June 2022, he said] he 'didn't want anyone to be lynched or hanged illegally, but a lot of people still need to be hanged.'"

Tennessee. That Went Well. Erin McCullough of WKRN (Nashville): "The special session of the Tennessee General Assembly ended in chaos, including pushing and shoving between lawmakers and shouting from the public. Republican lawmakers rammed through an adjournment of the House sine die before Rep. Justin Jones could officially call for a vote of no confidence of Speaker Cameron Sexton. Shortly after the House was gaveled out, a situation between Rep. Justin Pearson and Sexton broke out before lawmakers swarmed both men to separate them." ~~~

     ~~~ Kimberlee Kruesi & Jonathan Matisse of the AP: "Tennessee lawmakers on Tuesday abruptly ended a special session initially touted to improve public safety in the wake of a deadly elementary school shooting, but it quickly unraveled into chaos over the past week as the GOP-dominant Statehouse refused to take up gun control measures and instead spent most of the time ensnared in political infighting.... Ultimately, lawmakers could only agree to pass four bills, which in part encourage but don't require using safe gun storage devices; require an annual human trafficking report; add the governor's existing order on background checks into state law; and increase funding for mental health and K-12 and higher education safety initiatives. Only a few gun control measures fell within the session's narrow parameters, and those were rejected without debate."

~~~~~~~~~~

Sheryl Stolberg & Rebecca Robbins of the New York Times: "The Biden administration on Tuesday announced the first 10 medicines that will be subject to price negotiations with Medicare, kicking off a landmark program that is expected to reduce the government's drug spending but is being fought by the pharmaceutical industry in court. The medications on the list are taken by millions of older Americans and cost Medicare billions of dollars annually. The drugs were selected by the Centers for Medicare & Medicaid Services through a process that prioritized medications that account for the highest Medicare spending, have been on the market for years and do not yet face competition from rivals.... Medicare gained the authority to negotiate the price of some prescription medicines when Congress passed the Inflation Reduction Act last year, a signature legislative achievement for the president.... Republicans in Congress opposed authorizing Medicare to negotiate prices, criticizing the move as tantamount to imposing government price controls.... Polling ... has found broad, bipartisan public support for allowing Medicare to negotiate prices." (Also linked yesterday.) ~~~

     ~~~ Tami Luhby of CNN: The drugs on the list "are: Eliquis, Jardiance, Xarelto, Januvia, Farxiga, Entresto, Enbrel, Imbruvica, Stelara, and Fiasp and certain other insulins made by Novo Nordisk, including NovoLog." (Also linked yesterday.)

Sahil Kapur of NBC News: "Four criminal indictments of Donald Trump have ignited his followers and spurred his House Republican allies to try to use the upcoming government funding deadline of Sept. 30 as leverage to undermine the prosecutions.... Special counsel Jack Smith's office is funded by a 'permanent, indefinite appropriation for independent counsels,' the [Justice D]epartment said in its statement of expenditures. Given its separate funding source, the special counsel would not be affected by a shutdown and could run off of allocations from previous years. As a result, Republicans are looking at ways to insert provisions in government funding legislation that would hinder federal and state prosecutors who have secured indictments of Trump, based on unproven claims that he's being politically targeted.... Rep. Andrew Clyde, R-Ga., a Trump ally who sits on the Appropriations Committee, said Monday he will introduce two amendments to eliminate federal funding for all three of Trump's prosecutors -- Smith, Fulton County District Attorney Fani Willis and Manhattan District Attorney Alvin Bragg. His office said the measures would block their prosecutorial authority over 'any major presidential candidate prior to' the 2024 election." (Also linked yesterday.)

Brad Reed of the Raw Story: "Many witnesses who spoke with the House Select Committee investigating the January 6th Capitol riots have indicated that former Trump lawyer Rudy Giuliani was repeatedly inebriated in the wake of the 2020 presidential election. Now sources are telling Rolling Stone that special counsel Jack Smith may use these alleged instances of inebriation to undermine ... Donald Trump's ... expected [defense that he was] following the best advice of his attorneys. 'In their questioning of multiple witnesses, Smith's team of federal investigators have asked questions about how seemingly intoxicated Giuliani was during the weeks he was giving Trump advice on how to cling to power,' the publication writes. 'The special counsel's team has also asked these witnesses if Trump had ever gossiped with them about Giuliani's drinking habits, and if Trump had ever claimed Giuliani's drinking impacted his decision making or judgment. Federal investigators have inquired about whether the then-president was warned, including after Election Night 2020, about Giuliani's allegedly excessive drinking.'... In other words, if Trump were knowingly taking legal advice from a drunken Giuliani, it would hurt claims that he was solely seeking the best sober-minded legal advice available to him rather than just cherry-picking the advice of people who told him only what he wanted to hear." (Also linked yesterday.) ~~~

     ~~~ Marie: Giuliani's propensity to hit the bottle hardly would be a surprise to Trump. As Martin Pengelly of the Guardian reported August 24, "Depressed and drinking to excess after the failure of his run for the Republican presidential nomination in 2008, Rudy Giuliani secretly recovered at the Florida home of ... Donald Trump. 'We moved into Mar-a-Lago and Donald kept our secret,' Giuliani's third wife, Judith Giuliani, says in a new book.... Reports of [Giuliani's] drinking while fulfilling his late-career role as Trump's personal attorney are legion, whether regarding his behavior around reporters or in his presence at the White House on election night in 2020, when he exhorted Trump to declare victory before all results were counted. In testimony to the House January 6 committee, Jason Miller, a senior Trump adviser, said Giuliani was 'definitely intoxicated' that night."

Ella Lee of the Hill: "Fulton County District Attorney Fani Willis asked a Georgia judge Tuesday to expedite the cases of all 19 defendants charged in a sweeping racketeering case over interference in the state's 2020 election. After defendant Kenneth Chesebro demanded a speedy trial in the case, Fulton County Superior Court Judge Scott McAfee set his trial date for Oct. 23, four months sooner than the date Willis had originally proposed.... Willis said Tuesday that her office maintains its position that 'severance is improper at this juncture and that all Defendants should be tried together' -- a position she has held since announcing charges earlier this month. 'At an absolute minimum, the Court should set Defendant Powell's trial and that of any other defendant who may file a speedy trial demand on the same date as Defendant Chesebro's,' Willis said." (Also linked yesterday.)

Richard Fausset & Danny Hakim of the New York Times: "Harrison William Prescott Floyd, a supporter of Donald J. Trump's who was indicted along with the former president in the Georgia election interference case, was granted a $100,000 bond on Tuesday, the last of the 19 defendants in the case to reach a bond agreement. While the other defendants named in the indictment, including Mr. Trump, made only brief visits to an Atlanta jail in recent days to be booked, Mr. Floyd, 39, who once led a group called Black Voices for Trump, spent a number of days at the jail after turning himself in last Thursday, apparently because he showed up to his booking without a lawyer. As of Tuesday evening, Fulton County inmate records showed that Mr. Floyd had not yet been released."

Very Helpful! Zoe Richard & Lawrence Hurley of NBC News: "John Eastman, a Trump-allied lawyer indicted in connection with efforts to overturn the 2020 presidential election results in Georgia, is among more than 100 of Supreme Court Justice Clarence Thomas' former law clerks defending Thomas' integrity in an open letter. The undated letter, which appears to be in response to the fallout from a bombshell ProPublica article about lavish trips taken by Thomas and funded by a billionaire GOP donor, calls Thomas' character 'unimpeachable.'" Also signing on: John Yoo, the torture-memos author.

Aliza Chasen of CBS News: "Canada updated its international travel advisory on Tuesday to warn LGBTQ+ travelers of laws and policies in some U.S. states.... While the advisory doesn't dive into specific U.S. states or policies, a Global Affairs Canada spokesperson pointed to laws passed in the U.S. this year banning drag shows, restricting gender-affirming care and blocking participation in sporting events. The American Civil Liberties Union is currently tracking 495 anti-LGBTQ bills in the U.S." MB: Yes, the U.S. is a dangerous country to visit. But, hey, were not quite Uganda!

Emma Brown & Peter Jamison of the Washington Post: “On a private call with Christian millionaires, home-schooling pioneer Michael Farris pushed for a strategy aimed at siphoning billions of tax dollars from public schools[.]... [Farris's] solution: lawsuits alleging that schools' teachings about gender identity and race are unconstitutional, leading to a Supreme Court decision that would mandate the right of parents to claim billions of tax dollars for private education or home schooling.... The 50-minute recording, whose details Farris did not dispute..., is a remarkable demonstration of how the ideology he has long championed has moved from the partisan fringe to the center of the nation's bitter debates over public education." Thanks to Ken W. for the link. See also his comment & others in yesterday's thread. (Also linked yesterday.)

Presidential Race 2024

Mariana Alfaro of the Washington Post: “Miami Mayor Francis Suarez is ending his long-shot 2024 presidential campaign less than three months after he launched it.... Suarez, the only Hispanic candidate in the GOP nominating contest, launched his campaign in mid-June, later than most of his now-former rivals. Last week, he failed to qualify for the first Republican debate after falling short of the necessary polling requirements."

Vaughn Hillyard of NBC News: "Arizona Secretary of State Adrian Fontes said Tuesday that his office is figuring out how to handle potential complaints over whether ... Donald Trump should be disqualified from appearing on the 2024 ballot. The issue centers on the 14th Amendment, which prohibits people who have 'engaged in insurrection or rebellion' from holding public office. Former Arkansas Gov. Asa Hutchinson raised the theory at last week's GOP presidential debate that Trump's conduct on Jan. 6, 2021, might disqualify him on those grounds -- a theory that has gained traction among some legal scholars, though others discount the possibility.... New Hampshire Secretary of State David Scanlan is dealing with the same question...."

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Michigan. Nick Corasaniti of the New York Times: "The Michigan Republican Party is starving for cash. A group of prominent activists -- including a former statewide candidate -- was hit this month with felony charges connected to a bizarre plot to hijack election machines. And in the face of these troubles, suspicion and infighting have been running high. A recent state committee meeting led to a fistfight, a spinal injury and a pair of shattered dentures. This turmoil is one measure of the way Donald J. Trump's lies about the 2020 election ... [broke] the state party into ardent believers and pragmatists wanting to move on. Bitter disputes, power struggles and contentious primaries followed, leaving the Michigan Republican Party a husk of itself.... [The election-denying candidates] were resoundingly defeated [in 2022].... Republicans across the state were left pointing fingers." (Also linked yesterday.)

Wisconsin. Scott Bauer of the AP: "The conservative chief justice of the Wisconsin Supreme Court on Monday told the new liberal majority in a scathing email that they had staged a 'coup' and conducted an 'illegal experiment' when they voted to weaken her powers and fire the director of state courts. Chief Justice Annette Ziegler, in two emails obtained by The Associated Press, said that firing and hiring a new state court director was illegal and ordered interim state court director Audrey Skwierawski to stop signing orders without her knowledge or approval. 'You are making a mess of the judiciary, the court and the institution for years to come,' Ziegler wrote to her fellow justices and Skwierawski. 'This must stop. ... I have no confidence in the recent hostile takeover and the chaotic effect it has had on the court, staff, and the overall stable functioning of the courts.'" MB: The good news: Ziegler won the National Worst Boss prize for August.

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Russia. Valerie Hopkins of the New York Times: "Even in death, the movements of Yevgeny V. Prigozhin, the Russian mercenary boss, were the subject of intense interest, contradictory reporting and cultivated confusion. Speculation about where Mr. Prigozhin would be buried on Tuesday ricocheted around news media and channels on the Telegram messaging app, including those considered close to the Russian security services. There were reports (true) of increased security presence and barriers erected at several cemeteries around his hometown, St. Petersburg, and other reports (false) of hearses and a funeral cortege. The fog of misinformation was so dense that a joke spread on social media calling it a 'special funeral operation,' a pun on the Kremlin's term for the war in Ukraine, 'special military operation.' Then, at about 5 p.m. on Tuesday, came the announcement from his company's press service that Mr. Prigozhin had been buried around 1 p.m., with a small group of people in attendance, at the Porokhovskoye Cemetery in the eastern part of St. Petersburg."

News Ledes

Weather.com: "Hurricane Idalia is rapidly intensifying over the Gulf of Mexico, headed for a Florida Gulf Coast landfall Wednesday with catastrophic, life-threatening storm surge, hurricane-force winds and flooding rain. Parts of south Georgia and the Carolinas will also see significant impacts from Idalia, including damaging winds, flooding rain and tornadoes." ~~~

     ~~~ Weather.com Update: "The center of Idalia came ashore near Keaton Beach at 7:45 a.m. EDT with maximum sustained winds of 125 mph, making it a strong Category 3. This preliminarily ties as the strongest hurricane landfall on record in Florida's Big Bend region." ~~~

     ~~~ Weather.com Update 2: "People are being rescued from their homes, bridges are closed and evacuation orders remain in place after Hurricane Idalia slammed into Florida's Gulf Coast this morning. The storm is over land bringing heavy rain and other impacts to parts of Georgia and South Carolina."