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Constant Comments

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

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

A nation of sheep will beget a government of wolves. — Edward R. Murrow

Publisher & Editor: Marie Burns

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

Wednesday

Apr122023

April 13, 2023

Late Morning/Afternoon Update:

Florida. Matt Dixon of NBC News: "Florida's Republican-dominated Legislature on Thursday passed a ban on most abortions after six weeks, sending the bill to Gov. Ron DeSantis. He has said he would sign the measure into law. Final passage came after a marathon floor hearing in the state House, which passed the proposal largely along party lines in a 70-40 vote after the state Senate passed the bill on April 3. Democrats in the chamber forcefully opposed the legislation but were vastly outnumbered by Republican supermajorities in both chambers. GOP House Speaker Paul Renner had to close the public viewing galleries after protesters threw what appeared to be paper on the House floor.... The measure bans abortions after six weeks of pregnancy, with new exceptions for rape and incest up until 15 weeks. The measure does not change the exceptions for the life and health of the mother up until 15 weeks that are in current law."

Merrick Garland made a public "statement" in which he said, well, nothing except to confirm that 21-year-old National Guard airman Jack Teixeira was the suspect. As Simone Sanders said on MSNBC, Garland described "an ongoing investigation," which is DOJ-speak for "we ain't gonna be telling you much." From the NYT liveblog, linked next: "Mr. Garland said Airman Teixeira was accused of illegally sharing classified defense information." ~~~

~~~ ** The Feds Get Their Man. New York Times: "Federal investigators on Thursday arrested a 21-year-old air national guardsman who they believe is linked to a trove of leaked classified U.S. intelligence documents, which have upended relations with American allies and exposed weaknesses in the Ukrainian military. The man, who The New York Times first identified as Jack Teixeira, is a member of the intelligence wing of the Massachusetts Air National Guard and is tied to an online group where the leaked documents first appeared. Airman Teixeira oversaw an online group named Thug Shaker Central, where about 20 to 30 people, mostly young men and teenagers, came together over a shared love of guns, racist online memes and video games. On Thursday afternoon, around a half-dozen rifle-carrying F.B.I. agents pushed onto the property of Airman Teixeira.... The New York Times spoke with four members of the Thug Shaker Central chat group, where Airman Teixeira served as group administrator. While the gaming friends would not identify the group's leader by name, a trail of digital evidence compiled by The Times leads to Airman Teixeira." This is the top story in a liveblog. ~~~

~~~ CNN's liveblog is here: "Pentagon spokesperson Brig. Gen. Patrick Ryder said the leaking of a trove of classified information on social media sites was a 'deliberate criminal act,' and the department is looking at how it protects such information." ~~~

~~~ Aric Toler of Bellingcat and New York Times reporters on what they know about Jack Teixeira (NYT link). ~~~

~~~ John Wagner of the Washington Post: "President Biden said Thursday that an investigation into the leak of a massive trove of classified U.S. military documents is 'getting close' to a resolution and downplayed the fallout from secrets that have exposed U.S. spying on allies and revealed the grim prospects for Ukraine's war with Russia, among other things. 'There is a full-blown investigation going on, as you know, with the intelligence community and the Justice Department, and they're getting close,' Biden told reporters in Dublin, [Ireland]..., when asked if he could provide an update on the investigation. Biden did not elaborate on the status of the investigation beyond that, saying he was not in a position to do so." ~~~

~~~ Marie: Good. Maybe OG will get a jail cell next to Donald Trump's and the two of them can compare top-secret documents they stole.

** Pam Belluck of the New York Times: "The Justice Department said on Thursday that it would [ask] the Supreme Court to block a ruling by a federal appeals panel that limited the distribution and access to the abortion pill mifepristone.... 'The Justice Department strongly disagrees with the Fifth Circuit's decision' Attorney General Merrick B. Garland said in a statement Thursday, adding that the Biden administration would 'defend the F.D.A.'s scientific judgment and protect Americans' access to safe and effective reproductive care.'... Danco Laboratories, which makes Mifeprex, the brand-name version of mifepristone, will also petition the court for emergency relief, planning to file Friday, a lawyer for the company, Jessica Ellsworth, said...." This is an update of a story linked earlier today. The AP's report is here.

** The Thomas-Crow Affair, Ctd. Justin Elliott, et al., of ProPublica: "In 2014, one of Texas billionaire Harlan Crow's companies purchased a string of properties on a quiet residential street in Savannah, Georgia.... What made [the sale] noteworthy were the people on the other side of the deal: Supreme Court Justice Clarence Thomas and his relatives. The transaction marks the first known instance of money flowing from the Republican megadonor to the Supreme Court justice.... [Crow] now owned the house where the justice's elderly mother was living. Soon after the sale was completed, contractors began work on tens of thousands of dollars of improvements on the two-bedroom, one-bathroom home.... A federal disclosure law passed after Watergate requires justices and other officials to disclose the details of most real estate sales over $1,000. Thomas never disclosed his sale of the Savannah properties. That appears to be a violation of the law, four ethics law experts told ProPublica." ~~~

~~~ Marie: Your move, John Roberts. There is now no plausible excuse not to push Thomas out the door. Don't worry; he can get a job with one of Ginni's disreputable outlets. Or maybe working for Harlan Crow: polishing Hitler's silverware, for instance.

Ryan Reilly of NBC News: "A former bodybuilder and romance novel cover model who dragged a police officer down the stairs of the U.S. Capitol on Jan. 6 was sentenced to three years on Thursday by US District Judge Rudolph Contreras. Logan Barnhart, a 42-year-old from Michigan, was identified by online sleuths who used facial recognition to turn up images of him at bodybuilding competitions. He was arrested in August 2021. Barnhart pleaded guilty in September 2022 to assaulting, resisting or impeding certain officers using a dangerous weapon. 'During the course of this attack, Barnhart grabbed an officer's neck and torso and dragged him in a prone position from the police line, out of the Archway, and down a set of stairs into the violent mob, where the officer was further attacked with weapons, including a flagpole and a baton, and sustained physical injuries,' prosecutors wrote." MB: No bodice-ripping for a while, fella.

Ben Protess, et al., of the New York Times: "Donald J. Trump was being questioned under oath on Thursday in a civil fraud lawsuit brought by New York Attorney General Letitia James, the latest in a series of legal predicaments entangling the former president.... Ms. James's civil case, which was filed in September and is expected to go to trial later this year, accuses Mr. Trump, his family business and three of his children of a 'staggering' fraud for overvaluing the former president's assets by billions of dollars. The lawsuit ... asks a judge to essentially run him out of business in the state if he is found liable at trial.... This is the second time that lawyers for Ms. James have questioned Mr. Trump under oath: He also sat for a deposition in the summer of 2022, shortly before the attorney general filed her lawsuit. During that deposition, Mr. Trump lashed out at Ms. James, a Democrat, accusing her of being motivated by politics and then invoking his Fifth Amendment right against self-incrimination hundreds of times over the course of four hours.... Mr. Trump was not planning to assert his Fifth Amendment right against self-incrimination [during this deposition], people familiar with his thinking said....

"While jurors in criminal trials cannot hold a defendant's silence against him, in civil trials, they are permitted to take into account a refusal to answer questions -- and infer that it means that the defendant had something to hide. If Mr. Trump refused to answer questions, it could seriously damage his chance of winning at trial. But answering questions on Thursday could expose Mr. Trump to additional legal peril. Once he provides answers on a topic, he would essentially forfeit his right to refuse other questions on that same topic." A CBS News report is here.

Rachel Weiner & Shayna Jacobs of the Washington Post: "A D.C. court has refused to decide whether Donald Trump was doing presidential work when he denied raping a woman, leaving unresolved whether his alleged victim can sue for defamation. The decision-less decision on the matter issued by the D.C. Court of Appeals on Thursday leaves in limbo a trial originally planned for this month. But a second suit brought by the same woman, based on statements Trump made after leaving office, is set for trial in less than two weeks. That lawsuit also accuses Trump of battery, a claim made possible by changes in New York sexual assault law.... Adopting the Justice Department's position would end [E. Jean] Carroll's suit because the federal government cannot be sued for defamation. A federal court in New York, unable to reach a decision, asked for the D.C. appellate court to interpret the city's employment law. The court declined.... The case will be sent back to the U.S. Court of Appeals for the 2nd Circuit for an ultimate ruling on whether the case will go forward. The D.C. court did clarify its understanding of the employment law in ways that are generally helpful to Carroll. 'Elected officials speaking to the press' are not always acting 'within the scope of that official's employment,' the court said.... The court said that a professional motivation can be so 'insignificant' that it does not count as work." The ABC News report is here.

Greg Sargent of the Washington Post: "... Rep. Jim Jordan (R-Ohio) is set to chair a Judiciary Committee hearing in New York City on Monday that will target Manhattan District Attorney Alvin Bragg's indictment of ... Donald Trump. But the emerging details are already shining a harsh light on what you might call the 'governing by Fox News' problem, in which Republicans use committee hearings to create right-wing media boomlets but ultimately run into the buzz saw of outside scrutiny.... Democrats ... plan to use the proceedings to amplify the message that Republicans have no business griping about crime when they refuse action on gun safety in the wake of one horrific mass shooting after another.... Committee Democrats, led by Rep. Jerrold Nadler (N.Y.), also plan to push back against lurid and widely debunked GOP claims about Bragg, New York City and crime.... And Democrats plan to highlight potential coordination between Trump's defense team and Republicans. CNN reports that Trump has been in direct contact with Republicans on committees that are trying to investigate Bragg's office to 'shore up support.'..."

Charlie Savage of the New York Times: "The F.B.I. was examining whether a foreign government had targeted a Republican lawmaker for an intelligence operation when the bureau conducted botched searches for information about him within messages swept up under an expiring warrantless surveillance law, according to people familiar with the matter. The disclosure helps clarify the circumstances surrounding the scrutiny of the lawmaker, Representative Darin LaHood of Illinois, and carries policy implications as Congress debates whether to reauthorize the surveillance law, known as Section 702.... Last month..., Mr. LaHood said at a House Intelligence Committee hearing that he had concluded that he was the lawmaker.... The F.B.I..., people [familiar with the matter] said, did not suspect Mr. LaHood of any wrongdoing."

~~~~~~~~~~

Katie Rogers & Michael Shear of the New York Times: "President Biden climbed the stone stairs of an ancient castle in the Republic of Ireland on Wednesday and paused to look out toward an iron-gray Irish Sea, where his maternal great-great-great grandfather set sail for America in 1849. On the ground, bagpipers puffed out an original song, called 'A Biden Return.'... 'It feels wonderful!' Mr. Biden shouted down from the castle toward a group of reporters. 'It feels like I'm comin' home.'... 'For President Biden, Ireland is not just a place where his ancestors lived -- it is deeply ingrained in his identity,' said Shailagh Murray, a former senior adviser to Mr. Biden. 'His Irishness is interwoven alongside his faith, his fierce devotion to his family and his empathy for people who are struggling.'" ~~~

~~~ New York Times photos of President Biden in Ireland and Northern Ireland. ~~~

~~~ Michael Shear & Katie Rogers of the New York Times: "President Biden on Wednesday made what amounted to a diplomatic toe dip in Northern Ireland, a territory that he said had been 'made whole by peace' in the decades since the Good Friday agreement brought an end to sectarian violence.... During his short stay in Belfast -- a whirlwind stop ahead of several days of Biden family-related excursions -- the president and his advisers generally tried to avoid thorny questions surrounding politics in Northern Ireland, where the legislature has been deadlocked after the Democratic Unionist Party pulled out over post-Brexit trade concerns. He told reporters earlier in the day that he was 'going to listen' during brief exchanges with leaders of the region's five main political parties. Mr. Biden met with Prime Minister Rishi Sunak of Britain before the speech."

Coral Davenport of the New York Times: "The Biden administration on Wednesday proposed the nation's most ambitious climate regulations to date, two plans designed to ensure two-thirds of new passenger cars and a quarter of new heavy trucks sold in the United States are all-electric by 2032. The new rules would require nothing short of a revolution in the U.S. auto industry.... If the two rules from the Environmental Protection Agency are enacted as proposed, they would put the world's largest economy on track to slash its planet-warming emissions at the pace that scientists say is required of all nations in order to avert the most devastating impacts of climate change. The government's challenge to automakers is monumental.... The proposed regulations would require them to invest more heavily and reorient their processes in ways that would essentially spell the end of the internal combustion engine.... The E.P.A. is 'proposing the strongest-ever federal pollution technology standards for both cars and trucks,' said Michael S. Regan, the agency's administrator, in remarks outside E.P.A. headquarters on Wednesday."

Zeke Miller, et al., of the AP: "President Joe Biden is set to announce that his administration is expanding eligibility for Medicaid and the Affordable Care Act's health insurance exchanges to hundreds of thousands of immigrants brought to the U.S. illegally as children, according to two U.S. officials briefed on the matter.The action will allow participants in the Obama-era Deferred Action for Childhood Arrivals program, or DACA, to access government-funded health insurance programs."

Jeanna Smialek of the New York Times: "Inflation moderated notably in March as a decline in gas prices helped to pave the way for the slowest pickup in prices in nearly two years, providing relief for many American consumers and some evidence that the Federal Reserve's campaign to raise interest rates and cool the economy is beginning to work. The Consumer Price Index climbed 5 percent in the year through March, down from 6 percent in February. That marked the slowest pace of price increases since May 2021."

Mariana Alfaro & Liz Goodwin of the Washington Post: "Sen. Dianne Feinstein (D-Calif.) said she will temporarily give up her seat on the Senate Judiciary Committee in an announcement that came just hours after her fellow California Democrat Rep. Ro Khanna called on her to resign on Wednesday. Feinstein, who at 89 is the oldest member of the Senate, drew criticisms from some Democrats who noted her absence from the Senate for nearly two months, after being hospitalized for shingles treatment in early March, has contributed to a confirmation slowdown of President Biden's judicial nominees. She has not cast a vote since announcing she will not run for reelection in 2024.... A spokesman for Senate Majority Leader Charles E. Schumer (D-N.Y.) said he would ask the Senate next week to temporarily replace Feinstein on the committee.... It's unclear whether Republicans would unanimously allow this particular replacement to go through without objections, however, given the leverage Feinstein's absence has given them over judicial nominations. Replacing her would then take 60 votes to approve...." The Huffington Post's story is here. MB: Watch Mitch.

** The Big Grift. Josh Dawsey, et al., of the Washington Post: "Federal prosecutors probing the Jan. 6, 2021, attack on the U.S. Capitol have in recent weeks sought a wide range of documents related to fundraising after the 2020 election, looking to determine if ... Donald Trump or his advisers scammed donors by using false claims about voter fraud to raise money, eight people familiar with the new inquiries said. Special counsel Jack Smith's office has sent subpoenas in recent weeks to Trump advisers and former campaign aides, Republican operatives and other consultants involved in the 2020 presidential campaign.... They have also heard testimony from some of these figures in front of a Washington grand jury.... Prosecutors are said to be interested in whether anyone associated with the fundraising operation violated wire fraud laws, which make it illegal to make false representations over email to swindle people out of money." Rick Hasen of Election Law Blog extensively cites the WashPo story. ~~~

~~~ The Classified Docs Show. Maggie Haberman, et al., of the New York Times: "Federal investigators are asking witnesses whether ... Donald J. Trump showed off to aides and visitors a map he took with him when he left office that contains sensitive intelligence information, four people with knowledge of the matter said. The map has been just one focus of the broad Justice Department investigation into Mr. Trump's handling of classified documents after he departed the White House.... [One person] said the map might also have been shown to a journalist writing a book. The Washington Post has previously reported that investigators have asked about Mr. Trump showing classified material, including maps, to political donors." MB: There's a funny look-over-there part near the end of the story where one of Trump's lawyers tries to get the DOJ off Trump's case. As for showing off classified maps, Trump probably has some of them framed & hanging on the walls of public rooms in his resorts. (Also linked yesterday afternoon.)

Arthur Delaney of the Huffington Post: "New legislation from House Republicans aims to prevent local district attorneys from pursuing charges against former presidents. The symbolic bill is yet another show of support for Donald Trump, who faces the possibility of criminal charges in Georgia and was arraigned in Manhattan last week for allegedly violating state law with false business records. Republicans have subpoenaed a former prosecutor from Manhattan District Attorney Alvin Bragg's office ... and scheduled a Monday hearing to accuse Bragg of failing to prosecute real crimes. Now comes a proposal that Rep. Russell Fry (R-S.C.) said would 'prevent political prosecutions' by moving cases against former presidents from state jurisdiction to federal court, where judges are confirmed by the Senate, an institution reliably influenced by elected Republicans." (Also linked yesterday afternoon.)

Mariana Alfaro of the Washington Post: "... Donald Trump is suing his former attorney Michael Cohen for $500 million over allegations that Cohen violated their attorney-client relationship and breached a confidentiality agreement. According to a 32-page lawsuit filed by Trump's lawyers on Wednesday, Trump accuses Cohen of revealing 'confidences' in an 'embarrassing or detrimental way.' Cohen, the suit alleges, also breached a confidentiality agreement and spread 'falsehoods' about Trump 'with malicious intent and to wholly self-serving ends.' The lawsuit comes after Trump pleaded not guilty in a Manhattan court on April 4 to 34 felony charges that he falsified business records to conceal $130,000 in reimbursement payments to Cohen, who paid adult-film actress Stormy Daniels in 2016 trying to keep her from publicly claiming she had an affair with Trump. Cohen is at the center of Manhattan District Attorney Alvin Bragg's investigation into Trump's payment." Politico's report is here. (Also linked yesterday afternoon.) ~~~

~~~ Matthew Chapman of the Raw Story: "... former Manhattan prosecutor Karen Friedman Agnifilo [said of Trump] on CNN..., '... on the one hand, he's saying everything is false, right?... So if he was breaching attorney-client privilege, you're doing that by telling things that were said to you in confidence. But so, is he saying things that Michael Cohen is saying are true because I told him in confidence, and now he's breached that privilege? Or is he saying that the things are false? Because if they're false, why didn't he bring a defamation claim? So it kind of makes no sense.... It really reads to me like he's just trying to put his defense in the criminal case out and try and get his statements out there in the court of public opinion.' She added: 'I also think it's worth noting that there is a little bit of witness intimidation going on here as well.'"

Michael Isikoff of Yahoo! News: "Former President Trump's claim to a Fox News anchor that New York court employees were 'crying' and apologizing for his arraignment on felony charges is 'absolute BS' and doesn't remotely resemble what took place, a law enforcement source familiar with the details of what transpired that day told Yahoo News.... 'There were zero people crying. There were zero people saying "I'm sorry."'... Trump told [Tucker] Carlson, 'People that work there, professionally work there, that have no problems putting in murderers.... It's a tough, tough place, and they were crying.... They said, "I'm sorry." They said, "2024, sir. 2024." And tears were pouring down their eyes.'" Related story linked below under Presidential Election 2024. (Also linked yesterday.) ~~~

~~~ Marie: There's a tell here that many of you will recognize. Trump claims the tough, tough employees said, "2024, sir. 2024." I'll admit that most Trump tales are lies, but its a gare-un-tee that every story he tells in which someone calls him "sir" is an out-and-out fabrication. P.S. How do tears "pour down their eyes"?

Benjamin Weiser of the New York Times: "Lawyers for ... Donald J. Trump, citing a 'deluge of prejudicial media coverage' concerning his recent indictment and arraignment in Manhattan, asked a federal judge late Tuesday for a one-month postponement of Mr. Trump's civil trial over an allegation that he raped a magazine writer in the mid-1990s. The request for the delay comes just two weeks before the civil suit by the writer E. Jean Carroll was scheduled for trial in federal court in Manhattan." Politico's report is here. MB: Wait, wait. Trump himself is adding to the "media deluge" by suing Cohen in relation to the indictment, by repeatedly discussing it on his Twitter-knockoff site and in other venues, by defaming the D.A. and judge, by urging his supporters in Congress to harass the Manhattan, DA & so forth. So an unrelated trial should be delayed?? (Also linked yesterday afternoon.)

Glenn Kessler of the Washington Post questions Jim Jordan's sudden interest in "an increase in violent crime" in Manhattan. Kessler compares Manhattan's crime rate with that of Mansfield, Ohio, (pop. 50,000) which is the largest town in Jordan's home district. One Website -- City-Data.com -- "shows that Mansfield's crime index was higher every year -- almost double New York City's index every year dating back to 2007 -- except for 2020..., the year the pandemic struck. Property Club, a real estate company, lists Mansfield as the seventh-most dangerous city in Ohio.... By contrast, Property Club said, 'New York City is one of the safest large cities in the world.'"

Kyle Cheney of Politico: "A federal appeals court panel on Wednesday rejected a bid by former Trump White House adviser Peter Navarro to retain hundreds of government records despite a judge's order to return them promptly to the National Archives. 'There is no public interest in Navarro's retention of the records, and Congress has recognized that the public has an interest in the Nation's possession and retention of Presidential records,' the three-judge panel of the D.C. Circuit Court of Appeals concluded in a unanimous two-page order.... Navarro acknowledged [during the suit the DOJ brought against him] that at least 200 to 250 records in his possession belong to the government, but he contended that no mechanism exists to enforce that requirement -- and that doing so might violate his Fifth Amendment rights against self-incrimination. Last month, U.S. District Court Judge Colleen Kollar-Kotelly rejected that claim, ordering Navarro to promptly return the records he had identified as belonging to the government. But Navarro appealed the decision...."

Kalyeena Makortoff of the Guardian: "World Bank staff were apparently told to give preferential treatment to the son of a high-ranking Trump administration official after the US Treasury threw its support behind a $13bn (£10bn) funding increase for the organisation, a leaked recording suggests. Shared with the Guardian by a whistleblower, the recording of a 2018 staff meeting suggests colleagues were encouraged by a senior manager to curry favour with the son of David Malpass, who is now president of the World Bank but at the time was serving in the US Treasury under Donald Trump. During the recording, which has left the Washington-based organisation facing questions over standards of governance, staff refer to 22-year-old Robert Malpass as a 'prince' and 'important little fellow', who could go 'running to daddy' if things went wrong."

Katie Robertson & Jeremy Peters of the New York Times: "The judge overseeing Dominion Voting Systems' lawsuit against Fox News said on Wednesday that he was imposing a sanction on the network and would very likely start an investigation into whether Fox's legal team had withheld evidence, scolding the lawyers for not being 'straightforward' with him.... In imposing sanction on Fox, Judge Eric M. Davis of the Delaware Superior Court ruled that if Dominion had to do additional depositions or redo any already done that 'Fox will do everything they can to make the person available, and it will be at a cost to Fox.' He also said he would very likely appoint a special master to investigate Fox's handling of discovery of documents and the question of whether Fox had inappropriately withheld details about Rupert Murdoch's role as a corporate officer of Fox News.... He said he would weigh whether any additional sanctions should be put on Fox." CNN's story is here. (Also linked yesterday afternoon.) ~~~

~~~ Marie: Gosh, who could have guessed that a media outlet that makes its money lying to the public would lie to a judge overseeing a case in which the plaintiff accused the outlet of lying?

** Pam Belluck of the New York Times: "A federal appeals court ruled late Wednesday that the abortion pill mifepristone could remain available, but the judges blocked the drug from being sent to patients through the mail and rolled back other steps the government had taken to ease access in recent years. In its order, a three-judge panel for the Fifth Circuit partially overruled Judge Matthew J. Kacsmaryk of the Northern District of Texas, who last week declared that the Food and Drug Administration's approval of mifepristone in 2000 was not valid, in essence saying that the drug should be pulled from the market. The appellate court said its ruling would hold until the full case is heard on its merits.... The appellate panel said the Food and Drug Administration's approval of mifepristone could stand because too much time had passed for the plaintiffs ... to challenge that decision. The court also seemed to take into account the government's view that removing a long-approved drug from the market would have 'significant public consequences.' But the appellate court said that it was not too late for the plaintiffs to challenge a set of steps the F.D.A. took beginning in 2016 that lifted restrictions and made it easier for more patients to have access to the pill.... In the decision, two Trump-appointed judges voted to reimpose some of the restrictions that the F.D.A. had eased. The third judge, appointed by President George W. Bush, said she would essentially have granted the [government's] full request." The Guardian's report is here.

David Von Drehle of the Washington Post: "Since the 1960s, if not earlier, self-styled legal conservatives have been saying -- with perfectly straight faces -- that judges must not legislate from the bench.... Judges don't make the laws. They don't execute the laws. They just read the laws.... Was it all a lie? Of course it was.... Just how far [Judge Matthew Kacsmaryk] would venture into lawlessness was revealed when the Amarillo freelancer shrugged off all deference to the other branches of government to assert his personal power to undo approval of a medicine cleared for American patients some 20 years ago: mifepristone, used to induce miscarriages early in pregnancy and prescribed as part of the most common abortion procedure in the United States.... The Justice Department has appealed the ruling. It had little choice, given the usurpation of both executive and legislative authority. Congress has given authority over prescription medicines to the executive branch, not some Panhandle praetor." (Also linked yesterday afternoon.)

Brett Murphy of ProPublica: "A Washington ethics watchdog is calling for the Department of Justice to investigate Supreme Court Justice Clarence Thomas for failing to disclose luxury trips he received from a billionaire GOP megadonor. 'This high-profile ethics matter has historic implications far beyond one Supreme Court justice,' attorneys for the nonpartisan Campaign Legal Center wrote in a detailed letter on Tuesday to the Judicial Conference, the principal policymaking body for federal courts. The Judicial Conference could trigger an investigation by referring the case to the Justice Department.... The letter is the latest in what have been days of mounting pressure to address the revelations. Last week, Democratic lawmakers called on Chief Justice John Roberts to investigate. This Monday, Democrats on the Senate Judiciary Committee announced plans to hold a hearing 'regarding the need to restore confidence in the Supreme Court's ethical standards.'" ~~~

~~~ David Sirota & Julia Rock of the Lever: "While refusing to disclose lavish gifts from a billionaire, Supreme Court Justice Clarence Thomas pushed to invalidate all political spending disclosure laws in America, insisting that donors have a constitutional right to anonymously influence politics with unlimited amounts of cash.... In 2010..., [Thomas] supported the Citizens United majority ruling, but issued a concurring opinion insisting that judges should overturn all rules that require transparency in political spending."

NPR Is Tired of Trying to Reason with Elon Musk. Laura Kelley & Katie Robertson of the New York Times: "National Public Radio said on Wednesday that it would suspend all Twitter use, a little over a week after the social network designated the broadcaster 'U.S. state-affiliated media.' Twitter has since changed the label on the NPR Twitter account to 'Government-funded Media,' a designation it also gave to PBS. That label also appeared on the account of the BBC, the national broadcaster of Britain, until Wednesday, when it was changed to 'publicly funded media.' NPR said Twitter's move could damage its reputation.... In a letter to staff on Wednesday morning, John Lansing, NPR's chief executive, said posting on the platform would be a disservice to the staff's journalism. 'Actions by Twitter or other social media companies to tarnish the independence of any public media institution are exceptionally harmful and set a dangerous precedent,'..." ~~~

~~~ NPR's story, by David Folkenflik, is here. (Also linked yesterday afternoon.) ~~~

~~~ Update. Big Bird Has Stopped Tweeting. Paul Farhi of the Washington Post: "Public TV broadcaster PBS also said it has suspended tweets since Saturday for the same reason -- but unlike NPR, the organization left the door open to return at some point. At least three public radio stations have also left the platform in reaction to the labeling controversy."

Presidential Race 2024. Kathryn Watson of CBS News: "Republican Senator Tim Scott of South Carolina, who announced Wednesday he's testing the waters for a presidential bid, will not say whether he'd support ... Donald Trump in 2024 if he's the GOP nominee. Scott, who is forming a presidential exploratory committee, a precursor to running for president, twice declined to answer a question about supporting Trump in an interview with CBS News political correspondent Caitlin Huey-Burns in Iowa."

Beyond the Beltway

Arizona. This Is Different. Yvonne Sanchez of the Washington Post: "The Republican-controlled Arizona House of Representatives expelled a GOP member from the chamber Wednesday after an ethics committee concluded she committed 'disorderly behavior' for lying about false testimony given during a February legislative hearing on elections. The resolution to expel state Rep. Liz Harris, which passed with bipartisan support, said her conduct undermined the public's confidence in the House, violated the 'inherent obligation' to protect the chamber's integrity, and 'violated the order and decorum' needed to do the people's work. In February, a speaker invited by Harris to testify at the election-focused hearing baselessly accused Democratic Gov. Katie Hobbs, Republican House Speaker Ben Toma, Maricopa County leaders and local judges of accepting bribes from a drug cartel.... Arizona House members voted 46-13 to expel Harris, a tally that included 18 Republicans voting in favor." MB: It's not entirely clear from the story, but I gather that Harris lied to the Ethics Committee by telling them she didn't know her guest speaker would make baseless charges against officials, but she did know. ~~~

~~~ Update: Yeah, that's the gist of it: Ben Giles of NPR: "An Arizona Republican legislator has been expelled from the state House of Representatives for inviting a witness to present false charges about lawmakers and other state officials -- and then, according to an ethics committee report, lying about her involvement in the outrageous testimony."

Missouri. David Moye of the Huffington Post: "A Missouri state senator [Mike Moon] apparently wants to block gender-affirming care for transgender youth but is OK with 12-year-olds getting married. When a Democratic member asked if Moon knew of any 12-year-olds who had married. Why, yes, yes, he did: "'I do. And guess what? They're still married,' Moon responded, according to the Springfield News-Leader.... In 2018, [Moon] opposed a passed law that raised the state's marriage age from 15 to 16 and required older teenagers to get parental permission."

New Jersey. Ed Shanahan of the New York Times: "Two New Jersey police chiefs -- one suspended, the other retired -- were charged on Wednesday with abusing their authority by committing sex-related crimes involving women who worked in their departments. The cases are unrelated, but Matthew J. Platkin, the state's attorney general, announced them together at a news conference to send a message to the public and to those who work in law enforcement.... Chief Thomas Herbst of Manville, who was suspended last year, was charged with sexual assault, official misconduct and other counts for what Mr. Platkin described in a news release as 'a yearslong pattern of sexually predatory behavior targeting multiple women.'... The retired chief, Andrew Kudrick, who stepped down from his job leading the Howell Township Police Department last year, was charged with official misconduct, retaliation against witnesses, and other crimes in connection with a sexual relationship with a subordinate that he tried to cover up...."

North Dakota. David Chen of the New York Times: "North Dakota on Tuesday night became the latest state to bar transgender girls and women from joining female sports teams, starting from kindergarten and all the way through college. The new restrictions in North Dakota, which were signed by Gov. Doug Burgum, a Republican, came less than a week after the Biden administration weighed in on the charged debate over transgender athletes. Under the administration's proposed rule change, schools would be allowed to block some transgender athletes from competing on sports teams that match their gender identities, but would be prevented from enacting across-the-board bans. North Dakota's laws and others like it could be headed for a clash with federa regulation if and when Mr. Biden's proposed change takes effect. According to legal experts the federal instruction would override state laws."

** Tennessee. Emily Cochrane of the New York Times: "Local officials unanimously voted on Wednesday to send Justin J. Pearson, one of two Black Democratic representatives ousted from the Tennessee House of Representatives after a gun control protest on the House floor, back to his seat in the state legislature.The vote came less than a week after Mr. Pearson of Memphis and State Representative Justin Jones of Nashville were abruptly expelled from the legislature.... The unanimous vote by the Shelby County Board of Commissioners allows Mr. Pearson to return to his seat as early as this week, ahead of a special election later this year. Both Mr. Jones and Mr. Pearson have vowed to run for their seats." The AP's report is here. ~~~

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. -- Martin Luther King, Jr., "Letter from Birmingham Jail" ~~~

~~~ Lawrence O'Donnell pointed out that Pearson's return to office came exactly 60 years after Martin Luther King, Jr. was arrested and sent to the Birmingham City Jail, where he wrote "Letter from Birmingham Jail." You can read the letter here. It's not long.

~~~ Matthew Brown of the Washington Post: "Senate Democrats are urging the Department of Justice to conduct an investigation into the expulsions of two Tennessee state representatives to determine whether their removal violated the Constitution or federal civil rights law. In a letter delivered on Wednesday, Senate Majority Leader Charles E. Schumer (D-N.Y.) and Sens. Raphael G. Warnock (D-Ga.), Alex Padilla (D-Calif.), Chris Murphy (D-Conn.) and Brian Schatz (D-Hawaii) call on Attorney General Merrick Garland to 'use all available legal authorities' to conclude whether federal statutes were violated and 'take all steps necessary to uphold the democratic integrity of our nation's legislative bodies.'"

Way Beyond

Ukraine, et al.

The New York Times' live updates of developments Thursday in Russia's war on Ukraine are here. The Guardian's summary report is here. ~~~

~~~ The Washington Post's live briefing for Thursday is here: "The war in Ukraine is unlikely to end this year, and no peace talks between Kyiv and the Kremlin are expected in 2023, according to a sensitive U.S. government document that was part of a trove leaked online.... The [Defense Intelligence Agency] predicts a costly and slow conflict, with both sides making only marginal gains because they lack sufficient soldiers and supplies for a major breakthrough.... Two U.S. citizens have died in Ukraine, the State Department said Wednesday, without disclosing their identities or the circumstances of their deaths. ABC News reported that they had been volunteers in the war.... Ukrainian President Volodymyr Zelensky called for international action after a gruesome video of an apparent beheading of a Ukrainian fighter was shared on Russian-language Telegram channels. The United Nations demanded an investigation into the 'brutal execution.'"

** The WashPo Knows a Guy Who Knows a Guy Who Uploaded Classified Docs. Shane Harris & Samuel Oakford of the Washington Post: "The man behind a massive leak of U.S. government secrets that has exposed spying on allies, revealed the grim prospects for Ukraine's war with Russia and ignited diplomatic fires ... is a young, charismatic gun enthusiast who shared highly classified documents with a group of far-flung acquaintances searching for companionship amid the isolation of the pandemic. United by their mutual love of guns, military gear and God, the group of roughly two dozen -- mostly men and boys -- formed an invitation-only clubhouse in 2020 on Discord.... [The group called one of the members 'OG,' and it was OG who posted a message that was unintelligible to most of the group. But one] young member read OG's message closely, and the hundreds more that he said followed on a regular basis for months. They were, he recalled, what appeared to be near-verbatim transcripts of classified intelligence documents that OG indicated he had brought home from his job on a 'military base,' which the member declined to identify. OG claimed he spent at least some of his day inside a secure facility....

"[The young man's] account was corroborated by a second member who read many of the same classified documents shared by OG.... Both members said they know OG's real name as well as the state where he lives and works but declined to share that information while the FBI is hunting for the source of the leaks." Read on. Eventually, someone in the group posted some of the classified docs on another Discord server; the documents migrated to at least one other Discord server and from there onto other sites. ~~~

~~~ Julian Borger of the Guardian extensively cites the Washington Post's findings. ~~~

~~~ Marie: If a right-wing nut with top-secret security clearance can freely walk out of a military base day after day with his pockets stuffed with classified documents, as seems to be the case, we have a pretty piss-poor security system.

~~~ Drew Harwell of the Washington Post: "... the leak appears to have hinged on a single person with privileged access to top secret documents, a small inner circle of supporters willing to dissect and share the records, and a group chat service, Discord, that operates at a frenetic pace and is largely invisible to the rest of the internet. The leak highlights the challenge for the U.S. government in guarding the documents it shares with the roughly 3 million people with security clearances nationwide. Any of them can use a service like Discord anonymously, sharing records for their own personal purposes.... Discord ... [has] grown to encompass roughly 19 million chatrooms, called servers, with 150 million monthly active users worldwide." ~~~

~~~ This Seems Prudent. Carol Lee, et al., of NBC News: "The Biden administration is looking at expanding how it monitors social media sites and chatrooms after U.S. intelligence agencies failed to spot classified Pentagon documents circulating online for weeks, according to a senior administration official and a congressional official briefed on the matter.... The administration is now looking at expanding the universe of online sites that intelligence agencies and law enforcement authorities track, the official said. The secret Pentagon documents appeared in an obscure part of the internet focused on gaming, and some former intelligence officials said it was understandable that U.S. authorities did not spot the disclosure.... But cybersecurity experts have long known that Discord has been used by criminals and hackers to spread malware and stealthily transfer stolen information." ~~~

~~~ Marcy Wheeler: OG "would and did leak to feed his own ego and rationalized doing so with claims about the Deep State, the same kind of claims that the former President [Trump] spreads regularly."

~~~ Anton Troianovski, et al., of the New York Times: "The depth of the infighting inside the Russian government appears broader and deeper than previously understood, judging from a newly discovered cache of classified intelligence documents that has been leaked online. The additional documents, which did not surface in a 53-page set that came to wide public attention online last week, paint a picture of the Russian government feuding over the count of the dead and wounded in the Ukraine war, with the domestic intelligence agency accusing the military of obscuring the scale of casualties that Russia has suffered. The new batch, which contains 27 pages, reinforces how deeply American spy agencies have penetrated nearly every aspect of the Russian intelligence apparatus and military command structure. It also shows that the breach of American intelligence agencies could contain far more material than previously understood." MB: This leak appears to me to be more damaging than Edward Snowden's notorious docudump.

U.K. Sammy Westfall of the Washington Post: "On Wednesday, Buckingham Palace confirmed that [Prince] Harry will attend the May 6 [coronation of King Charles & Queen Camilla], though his wife, Meghan, Duchess of Sussex, will remain behind in California with their 22-month-old daughter, Lilibet, and son, Archie -- whose fourth birthday is on Coronation Day." (Also linked yesterday afternoon.)

News Ledes

NBC News: "San Francisco police on Thursday arrested a suspect in the fatal stabbing of technology executive Bob Lee, law enforcement officials announced Thursday. San Francisco Police Chief Bill Scott, speaking to reporters at a news conference, identified the suspect as 38-year-old Nima Momeni of Emeryville, California. He confirmed that Lee and Momeni knew each other. Momeni will be charged with murder, San Francisco District Attorney Brooke Jenkins told reporters. She added that she plans to file a motion to detain him without bail to make sure he remains in custody. He is expected to be arraigned Friday afternoon."

New York Times: "Mary Quant, the British designer who revolutionized fashion and epitomized the style of the Swinging Sixties, a playful, youthful ethos that sprang from the streets, not a Paris atelier, died on Thursday at her home in Surrey, in southern England. Known as the mother of the miniskirt, she was 93."

New York Times: "Josh Harris, an owner of the N.B.A.'s Philadelphia 76ers and the N.H.L.'s New Jersey Devils, agreed in principle to buy the Washington Commanders for a record $6 billion from Dan Snyder, the longtime owner of the team plagued by scandals that drew investigations from the N.F.L., Congress and other government agencies. With the end of Snyder's tenure nearing, the N.F.L. can begin to distance itself from a painful chapter in its history and right the future of the popular franchise, which under Snyder had been tarnished by accusations of a toxic workplace and an inability to secure a new stadium." The Washington Post's story is here. The WashPo has a number of related stories linked on its front page.

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Wednesday

Apr122023

April 12, 2023

Afternoon Update:

Michael Shear & Katie Rogers of the New York Times: "President Biden on Wednesday made what amounted to a diplomatic toe dip in Northern Ireland, a territory that he said had been 'made whole by peace' in the decades since the Good Friday agreement brought an end to sectarian violence.... During his short stay in Belfast -- a whirlwind stop ahead of several days of Biden family-related excursions -- the president and his advisers generally tried to avoid thorny questions surrounding politics in Northern Ireland, where the legislature has been deadlocked after the Democratic Unionist Party pulled out over post-Brexit trade concerns. He told reporters earlier in the day that he was 'going to listen' during brief exchanges with leaders of the region's five main political parties. Mr. Biden met with Prime Minister Rishi Sunak of Britain before the speech."

Tennessee. Emily Cochrane of the New York Times: "Local officials unanimously voted on Wednesday to send Justin J. Pearson, one of two Black Democratic representatives ousted from the Tennessee House of Representatives after a gun control protest on the House floor, back to his seat in the state legislature.The vote came less than a week after Mr. Pearson of Memphis and State Representative Justin Jones of Nashville were abruptly expelled from the legislature.... The unanimous vote by the Shelby County Board of Commissioners allows Mr. Pearson to return to his seat as early as this week, ahead of a special election later this year. Both Mr. Jones and Mr. Pearson have vowed to run for their seats." The AP's report is here. ~~~

~~~ Marie: Gosh, who could have guessed that a media outlet that makes its money lying to the public would lie to a judge overseeing a case in which the plaintiff accused the outlet of lying?

Maggie Haberman, et al., of the New York Times: "Federal investigators are asking witnesses whether ... Donald J. Trump showed off to aides and visitors a map he took with him when he left office that contains sensitive intelligence information, four people with knowledge of the matter said. The map has been just one focus of the broad Justice Department investigation into Mr. Trump's handling of classified documents after he departed the White House.... [One person] said the map might also have been shown to a journalist writing a book. The Washington Post has previously reported that investigators have asked about Mr. Trump showing classified material, including maps, to political donors." MB: There's a funny part near the end of the story where one of Trump's lawyers tries to get the DOJ off Trump's case. As for showing off classified maps, Trump probably has some of them framed & hanging on the walls of public rooms in his resorts.

Arthur Delaney of the Huffington Post: "New legislation from House Republicans aims to prevent local district attorneys from pursuing charges against former presidents. Thesymbolic bill is yet another show of support for Donald Trump, who faces the possibility of criminal charges in Georgia and was arraigned in Manhattan last week for allegedly violating state law with false business records. Republicans have subpoenaed a former prosecutor from Manhattan District Attorney Alvin Bragg's office ... and scheduled a Monday hearing to accuse Bragg of failing to prosecute real crimes. Now comes a proposal that Rep. Russell Fry (R-S.C.) said would 'prevent political prosecutions' by moving cases against former presidents from state jurisdiction to federal court, where judges are confirmed by the Senate, an institution reliably influenced by elected Republicans."

Michael Isikoff of Yahoo! News: "Former President Trump's claim to a Fox News anchor that New York court employees were 'crying' and apologizing for his arraignment on felony charges is 'absolute BS' and doesn't remotely resemble what took place, a law enforcement source familiar with the details of what transpired that day told Yahoo News.... 'There were zero people crying. There were zero people saying "I'm sorry."'... Trump told [Tucker] Carlson, 'People that work there, professionally work there, that have no problems putting in murderers.... It's a tough, tough place, and they were crying.... They said, "I'm sorry." They said, "2024, sir. 2024." And tears were pouring down their eyes.'" Related story linked below under "Presidential Election 2024." ~~~

~~~ Marie: There's a tell here that many of you will recognize. Trump claims the tough, tough employees said, "2024, sir. 2024.&" I'll admit that most Trump tales are lies, but its a gare-un-tee that every story he tells in which someone calls him "sir" is an out-and-out fabrication. P.S. How do tears "pour down their eyes"?

Benjamin Weiser of the New York Times: "Lawyers for ... Donald J. Trump, citing a 'deluge of prejudicial media coverage' concerning his recent indictment and arraignment in Manhattan, asked a federal judge late Tuesday for a one-month postponement of Mr. Trump's civil trial over an allegation that he raped a magazine writer in the mid-1990s. The request for the delay comes just two weeks before the civil suit by the writer E. Jean Carroll was scheduled for trial in federal court in Manhattan." Politico's report is here. MB: Wait, wait. Trump is adding to the "media deluge" by suing Cohen in relation to the indictment, so an unrelated trial should be delayed??

~~~ NPR's story, by David Folkenflik, is here.

~~~~~~~~~~

Marie: CNN is now requiring sign-ins to access their reports. I find this extremely annoying, but I signed up because CNN is one of the best and most comprehensive non-subscription sources for news stories. The news org also often breaks stories. If you do sign up, I suspect CNN will flood your email inbox.

Darlene Superville, et al., of the AP: "President Joe Biden embarked Tuesday on a journey of diplomatic and family celebration, highlighting the U.S. role of 25 years ago in ending deadly bloodshed in Northern Ireland while catching up with distant relatives in the Republic of Ireland. It's his first trip back as America's president. Biden arrived in Belfast on Tuesday night and was greeted at the airport by United Kingdom Prime Minister Rishi Sunak. He will spend about half a day in the city on Wednesday, holding talks with Sunak before going to Ulster University to mark the Good Friday accord anniversary.... Monday marked a quarter-century since the Good Friday Agreement, signed on that day in April 1998, ended decades of violence in Northern Ireland that killed 3,600 people. Northern Ireland, which is part of the United Kingdom, is observing the milestone anniversary with a reunion of key players in the peace process along with Biden's visit." (Also linked yesterday afternoon.) A related Washington Post report is here.

Christopher Flavelle of the New York Times: "After months of fruitless negotiations between the states that depend on the shrinking Colorado River, the Biden administration on Tuesday proposed to put aside legal precedent and save what's left of the river by evenly cutting water allotments, reducing the water delivered to California, Arizona and Nevada by as much as one-quarter. The size of those reductions and the prospect of the federal government unilaterally imposing them on states have never occurred in American history. Overuse and a 23-year-long drought made worse by climate change have threatened to provoke a water and power catastrophe across the West.... The river's flows have recently fallen by one-third compared with historical averages. Levels in Lake Mead and Lake Powell are so low that water may soon fail to turn the turbines that generate electricity -- and could even fall to the point that water is unable to reach the intake valves that control its flow out of the reservoirs." The AP's report is here.

Lindsey Makes a Friend. Mariana Alfaro of the Washington Post: "Sen. Lindsey O. Graham (R-S.C.), who once promised a 'bipartisan tsunami' against Saudi Arabia in the wake of the 2018 assassination of Washington Post contributor Jamal Khashoggi, held what he called a 'very productive' meeting with Saudi Crown Prince Mohammed bin Salman on Tuesday. 'I just had a very productive, candid meeting with the Saudi Crown Prince and his senior leadership team,' Graham tweeted on Tuesday. 'The opportunity to enhance the U.S.-Saudi relationship is real and the reforms going on in Saudi Arabia are equally real.'... He added that he thanked Mohammed for Saudi Arabia's purchase of '$37 billion worth of Boeing 787s -- which are made in South Carolina -- for the new Saudi airline.'... [In October 2018,] Graham said he would not be 'going back to Saudi Arabia as long as this guy is in charge.'" MB: The MBS-Graham meeting took place in Saudi Arabia. This Twitter feed includes a photo of the two men smiling together in some Saudi palace-y place.

Scott Lemieux, in LG&$, extensively cites a Jezebel story: From Jezebel: "At what is clearly a critical time for confirming good federal judges, Sen. Dianne Feinstein's (D-Calif.) increasingly prolonged absence from the Senate is apparently holding up the process for a number of President Joe Biden's judicial picks this year.... Feinstein's team has been tight-lipped about when, if at all, she'll return to D.C." As for Lemiuex, he just can't think of a time when "an erroneous belief in one's own indispensability ever had bad consequences for the country." MB: Besides, judges & justices, they can't be all that important, can they? ~~~

~~~ Jennifer Bendery of the Huffington Post: "Of the 49 Republicans in the Senate, [Susan] Collins is also one of just two who have said anything about [Judge Matthew] Kacsmaryk's ruling [banning mifepristone].... 'In 2019, I voted against Judge Kacsmaryk's confirmation, and I disagree strongly with his decision in this case,' Collins said in a Monday statement. 'Mifepristone is an FDA-approved drug that has been on the market for more than two decades and extensively studied.' The other one, Sen. Cindy Hyde-Smith (R-Miss.), celebrated the decision on Twitter as a 'victory for pregnant mothers & their unborn children.'... Of the 49 Republicans in today's Senate, 38 were there for Kacsmaryk's confirmation vote. On Tuesday, HuffPost reached out to all 38 of them for comment on whether they are pleased with his ruling on abortion medication. None gave an answer. Only Collins and Hyde-Smith had previously weighed in." ~~~

~~~ Hannah Hartwig of Pew Research Center: "Overall, 53% of adults say medication abortion -- that is, the use of a prescription pill or a series of pills to end a pregnancy -- should be legal in their state, while fewer than half as many (22%) say it should be illegal. About a quarter (24%) say they aren't sure.... A majority of Democrats and Democratic-leaning independents (73%) say medication abortion should be legal in their state, while fewer than half as many Republicans and GOP leaners (35%) say the same."

Leigh Ann Caldwell, et al., of the Washington Post: "Congressional leaders in the House and Senate have been given access to the classified documents recovered from the homes of ... Donald Trump, President Biden and former vice president Mike Pence, according to two people familiar with the information.... The classified documents were shared last week with the 'Gang of Eight,' a bipartisan group of congressional leaders who typically receive briefings on classified intelligence. The documents were shared after months of pressure on the Biden administration from Sens. Mark R. Warner (D-Va.) and Marco Rubio (R-Fla.), the chairman and vice chairman of the Senate Intelligence Committee." (Also linked yesterday afternoon.)

John Wagner of the Washington Post: "The Senate plans to consider a resolution next week condemning Donald Trump's call to 'defund' the Justice Department and FBI, Senate Majority Leader Charles E. Schumer (D-N.Y.) said in a letter to colleagues Tuesday, setting up a vote that will test the loyalties of Republicans to the former president. A day after being arraigned in a Manhattan courtroom on state charges last week, Trump said in a social media post that 'Republicans in Congress should defund' the two federal law enforcement agencies 'until they come to their senses.' His comments echoed those of several Republican House members, notably Judiciary Committee Chairman Jim Jordan (R-Ohio), who has called for using Congress's 'power of the purse' against agencies that he claims have engaged in 'egregious behavior.'" MB: A political gesture that seems a little stupid to me. (Also linked yesterday afternoon.)

** Alvin Bragg Is Tired of Trying to Reason with Gym Jordan. Jonah Bromwich, et al., of the New York Times: “The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office's criminal case against ... Donald J. Trump. The 50-page suit, filed in federal court in the Southern District of New York, accuses Mr. Jordan of a 'brazen and unconstitutional attack' on the prosecution of Mr. Trump and a 'transparent campaign to intimidate and attack' the district attorney, Alvin L. Bragg.... Lawyers for Mr. Bragg are seeking to bar Mr. Jordan and his congressional allies from enforcing a subpoena sent to Mark F. Pomerantz, who was once a leader of the district attorney's Trump investigation and who later wrote a book about that experience.... Mr. Bragg's lawyers ... also intend to prevent any other such subpoenas, the lawsuit says.... 'Rather than allowing the criminal process to proceed in the ordinary course, Chairman Jordan and the committee are participating in a campaign of intimidation, retaliation and obstruction,' the suit said, adding that the district attorney's office had received more than 1,000 calls and emails from Mr. Trump's supporters -- many of them 'threatening and racially charged' -- since the former president predicted his own arrest last month." The AP's story is here. (Also linked yesterday afternoon.) CNN's report is here.

Casey Gannon & Katelyn Polantz of CNN: "Donald Trump's close presidential aide and speechwriter Stephen Miller returned to testify to a federal grand jury in Washington on Tuesday after the courts ordered that he and other top advisers must share their recollections of direct conversations with the then-president related to the January 6, 2021, Capitol riot." (Also linked yesterday afternoon.)

Livia Albeck-Ripka of the New York Times: "A retired firefighter who threw a fire extinguisher at a group of police officers during the Jan. 6 Capitol riot has been sentenced to more than four years in prison, federal officials said Tuesday. Prosecutors said the former firefighter, Robert Sanford, 57, of Boothwyn, Pa., had struck three police officers in the head with the extinguisher, injuring at least two of them. Mr. Sanford, who later said he had gone to the Capitol at the direction of ... Donald J. Trump, also threw a traffic cone at the officers and called them 'traitors,' according to documents filed in U.S. District Court for the District of Columbia. On Tuesday, Mr. Sanford was sentenced to 52 months in prison and 36 months of supervised release after having pleading guilty in September to assaulting law enforcement officers with a dangerous weapon."

Jeremy Peters of the New York Times: "A judge ruled on Tuesday that Fox News could not argue that it broadcast false information about Dominion Voting Systems on the basis that the allegations were newsworthy, limiting a key line of defense for the network as it faces the beginning of a potentially costly defamation trial next week. The judge, Eric M. Davis of Delaware Superior Court, also ruled that Dominion could not refer to the Jan. 6, 2021, assault on the Capitol except in very narrow circumstances, saying he did not want jurors to be prejudiced by events that weren't relevant to the central question in the case: Did Fox air wild claims about Dominion's purported involvement in a conspiracy to steal the 2020 presidential election from Donald J. Trump knowing that they were lies? In the first of two days of pretrial hearings, Judge Davis set many of the parameters that will govern how the trial is run...." CNN's report is here. ~~~

~~~ Fox Lawyers Lied to the Judge. Jeremy Barr of the Washington Post: "Justin Nelson, an attorney for Dominion [Voting Systems], told the judge in the case that the company had been led to believe that [Rupert] Murdoch held the title of officer only for Fox's parent company. But over the past few days, he said, Dominion learned that the mogul also holds an officer title for Fox News.... Judge Eric M. Davis echoed Nelson's frustration with Fox, saying the missing information about Murdoch's title may have affected his decision-making regarding a recent ruling that narrowed the scope of the case. 'I could have made an entirely wrong decision,' Davis said. Addressing an attorney for Fox News, the judge said the network has a 'credibility problem.' 'My problem is that it's been represented more than once to me that he's not an officer of Fox News,' Davis said.... '... I have to figure out how I deal with that.'" The AP's report is here. ~~~

~~~ Michael Luciano of Mediaite: "A former Fox News producer [Abby Grossberg] who is suing the network alleges the cable news giant has recordings of Rudy Giuliani admitting he cannot prove his allegations of voter fraud in the 2020 election.... Grossberg filed amended complaints on Tuesday in which she claims Fox News has recordings of Giuliani and other Trump allies admitting they could not prove their public allegations of voter fraud. She states in one recording that Giuliani told [Fox 'News' host Maria] Bartiromo the Trump team could not demonstrate widespread election rigging.... Grossberg further alleges the existence of a recording featuring her, Bartiromo, and a 'high-ranking advisor to and spokesperson for President Trump and the Trump 2020 presidential campaign.'... In a statement to Mediaite, Fox News said it has fulfilled its [discovery] obligations [in the Dominion case]." MB: Uh, not according to the judge.

The Hard Life of a Multi-billionaire. Faiz Siddiqui of the Washington Post: "Nearly six months into his ownership of Twitter, Elon Musk says he's been sleeping on a couch inside a seventh-floor library of the company he bought for $44 billion, which is being run by his dog. The Twitter CEO ... addressed a range of topics in a spontaneous interview Tuesday night on the site, and unloaded on the interviewer over questions about the alleged increase in misinformation since he took over.... Musk ... hailed many of the changes he has made since buying the company in October and laying off more than two-thirds of the staff in the ensuing weeks. The layoffs, he said, were 'not fun at all ... painful.'"

Champe Barton & Tom Jackman of the Washington Post: "More than 100 people allege that their P320 pistols [made by SIG Sauer] discharged when they did not pull the trigger, an eight-month investigation by The Washington Post and The Trace has found. At least 80 people were wounded in the shootings, which date to 2016.... The injured included both casual and expert firearm owners whose guns fired in their homes and offices and in busy public places.... In two cases, the guns went off on school grounds. Interviews with more than a dozen victims, video recordings, and a review of thousands of pages of court documents and internal police records reveal a pattern of discharges that were alleged to have occurred during routine movements. These have included the holstering or unholstering of the P320, climbing out of vehicles and walking down stairs. In several cases, records and videos show, the gun fired when a victim's hand was nowhere near it..... In a written response to questions, SIG Sauer, based in Newington, N.H., denied that the P320 was capable of firing without a trigger pull and cited accounts of unintentional discharges with other firearms as evidence that such issues with the P320 are neither uncommon nor suggestive of a defect with the gun."

Presidential Election 2024. Katie Glueck & Shane Goldmacher of the New York Times: "President Biden and his party have selected Chicago to host the 2024 Democratic National Convention, according to the Democratic National Committee, elevating a large liberal city in the heart of the Midwest, a critical battleground region. The convention will be held Aug. 19-22 of next year at the United Center, the committee announced." An ABC News report is here. (Also linked yesterday afternoon.) ~~~

~~~ Reid Epstein & Shane Goldmacher of the New York Times: "President Biden's decision to host the Democratic National Convention in Chicago represents the triumph of practicality over sentimentality. He picked a major Midwestern city with ample labor-friendly hotels, good transportation and a billionaire governor happy to underwrite the event. That combination overpowered the pull Biden felt from runner-up Atlanta, the capital of a state Mr. Biden won for Democrats in 2020 for the first time in a generation. Chicago -- unlike the last four Democratic convention cities — is not in a presidential battleground. But it is the cultural and economic capital of the American Midwest. The United Center, the convention arena, sits about an hour away from two critical presidential battleground states, Wisconsin and Michigan, with sometimes-competitive Minnesota nearby.... Here are the top reasons Chicago was selected."

Meg Kinnard of the AP: "Republican Sen. Tim Scott of South Carolina is taking the next official step toward a bid for president in 2024.Scott is set to announce the formation of an exploratory committee, according to a person familiar with his plans...." ~~~

~~~ MEANWHILE. Kathryn Watson of CBS News: "Former President Trump said he won't drop his bid for president even if he's convicted of felony charges in the Manhattan criminal case against him. When asked by Fox News' Tucker Carlson if any of his legal troubles would cause him to drop out of the race, Trump responded, 'No, I'd never drop out -- it's not my thing. I wouldn't do it.' The Constitution does not prevent someone who has been charged with or convicted of a crime from seeking or holding office.... The former president also claimed that staff members at the courthouse in Manhattan 'were crying' and said "'I'm sorry'" to him. 'They'd say "2024, sir, 2024,'" Trump claimed." MB: Is there a New York jail cell big enough to hold a Cabinet meeting" ~~~

~~~ Isaac Arnsdorf of the Washington Post: "Most of the interview covered international affairs, with Trump reiterating favorable views of foreign dictators.... As for the people who investigated alleged Russian interference in the 2016 election to benefit him, Trump said they should be arrested for 'treason.' Carlson lauded Trump as 'moderate, sensible and wise.' Messages released in defamation litigation by Dominion Voting Systems against Fox News showed Carlson in early 2021 saying of Trump, 'I hate him passionately' and that he looked forward to being able to ignore him."

Beyond the Beltway

Today's Most Hilarious News. Arkansas. Matthew Chapman of the Raw Story: "Arkansas Gov. Sarah Huckabee Sanders is asking applicants to serve on state boards and commissions to write explanations of what they admire about her leadership most, reported the Arkansas Times on Tuesday." Answers are limited to 500 words.

Florida. Jeanna Smialek & Linda Qiu of the New York Times: Gov. Ron "DeSantis has begun to criticize Jerome H. Powell, the Fed chair, in speeches and news conferences. He has alleged without evidence that the Biden administration is about to introduce a central bank digital currency -- which neither the White House nor the politically independent Fed has decided to do -- in a bid to surveil Americans and control their spending on gas. He has quoted the Fed's Twitter posts disparagingly.... [Mr. DeSantis] warned during an April 1 speech, with no factual basis, that Democrats wanted to use a digital currency to 'impose an E.S.G. agenda,' referring to environmental and social goals like curbing consumption of fossil fuels or tightening gun control.... Mr. DeSantis's claims echo those on right-wing social media, and they are in line with the interests of important Republican donors: Many banks and cryptocurrency firms are adamantly opposed to the idea of a central bank digital currency, worried that it would take away business. Florida, in particular, has been friendly to the digital currency industry, with lawmakers passing favorable legislation.... The Fed has been researching both the potential uses and technical feasibility of a digital currency, but has not yet decided to issue one. Mr. Powell has made clear that the Fed 'would not proceed with this without support from Congress.'"

Kentucky. Tim Arango of the New York Times: "The 25-year-old man who opened fire Monday at a bank in downtown Louisville, Ky., killing five people, told at least one person that he was suicidal before the rampage and legally purchased the AR-15-style rifle used in the shooting at a local dealership last week, officials said Tuesday morning." (Also linked yesterday afternoon.)

Michigan. Beth LeBlanc of the Detroit News: "An estimated one million Michiganians will have certain misdemeanor and felony records automatically expunged or set aside starting Tuesday as the state begins to implement the final step in a 2020 law designed to give residents a 'clean slate.' On Tuesday morning, Michigan State Police will begin running software it's built over the last two years to sort through the state's criminal history database to determine which felonies and misdemeanors should be automatically expunged or set aside under the 2020 law and alert courts to those cases. The automatic expungement law will set aside certain misdemeanors after a seven-year, post-sentencing waiting period and certain non-assaultive felony convictions after a 10-year, post-sentence completion waiting period. Eligible convictions that are expected to be expunged include misdemeanor marijuana offenses for possession and use of the drug that became legal for adult recreational purposes in 2018."

Missouri. Kate Johnston of the Heartland Signal: "Missouri House Republicans voted to defund all of the state's public libraries, in a proposed $45.6 billion state budget that will soon move to a vote in the GOP-controlled state Senate. The Missouri House debated for over eight hours last Tuesday on a budget that is roughly $2 billion less than the one Gov. Mike Parson (R) proposed last January, cutting not only the $4.5 million Parson had slated for libraries, but also costs for diversity initiatives, childcare and pre-kindergarten programs. Missouri House budget committee leader Rep. Cody Smith (R-Carthage) proposed cutting library aid due to a recent lawsuit filed against the state last February. The lawsuit -- filed by the ACLU of Missouri on behalf of the Missouri Association of School Librarians and the Missouri Library Association -- seeks to declare Senate Bill 775 unconstitutional, a bill that has resulted in over 300 books getting banned from school libraries, many of which include LGBTQ characters or racial justice themes." ~~~

~~~ Marie: Who needs books anyhow, when you've got Fox "News" and Alex Jones' Story Hour? As for those kiddie programs, everybody knows we don't care about kids once they leave the womb. And diversity? You've got to be kidding.

Tennessee. Kyle Melnick of the Washington Post: Louisville "Mayor Craig Greenberg (D) told viewers during a news conference Tuesday that the firearm that was used to kill five people and injure eight in Louisville on Monday will ultimately be put up for auction.... Greenberg explained that a law the state passed in 1998 prohibits law enforcement from destroying confiscated firearms -- even when they have been used in crimes. Instead, those firearms -- including the AR-15-style rifle used in Monday's shooting at Old National Bank -- are required to be sent to Kentucky State Police, which sells the weapons to federally licensed gun dealers.... 'The laws we have now are enabling violence and murder,' added Greenberg, who himself survived a shooting at his campaign office in February 2022.... In February, Greenberg announced that Louisville police would remove firing pins from guns and add labels warning that the weapons may have been used in a homicide before sending them to Kentucky State Police. Greenberg has lobbied for Louisville to have the autonomy to set its own gun restrictions, including the ability to destroy confiscated firearms, but a bill that passed in 2012 prevents Kentucky cities and counties from doing so." ~~~

~~~ See also Akhilleus' comment in yesterday's thread. ~~~

~~~ Here's a Shocker. Emily Wax-Thibodeaux of the Washington Post: "Tennessee Gov. Bill Lee (R) on Tuesday signed an executive order attempting to strengthen the state's background checks for gun purchases. He also called on state lawmakers to pass what are known as red flag laws that would temporarily remove guns from people deemed dangerous.... The executive order, Lee said, would attempt to beef up background checks by requiring that criminal activity by a gun owner be reported to authorities. It would also require the Tennessee Bureau of Investigation to examine the state's current process for purchasing firearms and submit a report within 60 days. It is time to listen to voters calling for gun reform, Lee said. 'It's going to require coming together, laying down our previously held positions, potentially,' he said. Tennessee is one of the deadliest states for gun violence and has some of the most lax gun measures in the country. A 2021 bill that would have established red flag laws in the state failed." Politico's story is here. ~~~

~~~ Marie: No, nitwits, Lee is not "taking away your Second Amendment rights."

Way Beyond

Ukraine, et al.

The Washington Post's live briefing of developments Wednesday in Russia's war on Ukraine is here: "On Wednesday, the European Parliament will hold an inter-committee meeting with lawmakers from Kyiv regarding Ukraine's potential accession to the European Union -- a process that usually takes years.... President Biden spoke with the family of Wall Street Journal reporter Evan Gershkovich, who has been detained in Russia since March.... The head of Russia's Wagner mercenary group claims his forces now control about 80 percent of the embattled city of Bakhmut.... When Russian President Vladimir Putin announced a partial mobilization last year in support of his invasion of Ukraine, thousands of men fled the country or went into hiding. But tough new measures approved by Russia's lower house of parliament on Tuesday will make it almost impossible for Russians to dodge conscription in the future, writes The Washington Post's Robyn Dixon."

Michael Crowley of the New York Times: "Senior Biden administration officials sought on Tuesday to calm anger in foreign capitals over the leak of classified military and intelligence documents, but had little new information about the source of the breach or its motive. In their first public comments since the documents appeared online several weeks ago, Defense Secretary Lloyd J. Austin III and Secretary of State Antony J. Blinken said they had spoken to their Ukrainian counterparts. Mr. Blinken also said he had spoken to unnamed American allies to 'reassure them about our own commitment to safeguarding intelligence.'... Mr. Blinken and Mr. Austin projected calm even as some foreign governments were roiling over the breach, prompting criticism of the United States for conducting surveillance of its allies and claims that the documents could not be trusted."

Roger Cohen of the New York Times: "President Emmanuel Macron landed in China to a red-carpet reception and all the pomp of a state visit.... But Mr. Macron's reception on returning to Europe has been chilly. Already embattled at home, facing huge weekly protests in the streets, he now finds himself excoriated abroad for what has been criticized as his naïveté -- first with President Vladimir V. Putin of Russia ... and now with China's president, Xi Jinping.... The fallout from the China trip has left the French president more isolated than at any time in his six-year presidency, unpopular in France and mistrusted beyond it.... In short order in China, Mr. Macron managed to alienate or worry allies from Warsaw to Washington, with his embrace of what a Sino-French declaration called a 'global strategic partnership with China.' He adopted the Chinese lexicon of a 'multipolar' world, freed of 'blocs,' liberated from the 'Cold War mentality,' and less reliant on the 'extraterritoriality of the U.S. dollar.' Most worrisome, particularly for the United States, he suggested in an interview with Politico and French journalists on the way home that the security of Taiwan is not the problem of a Europe that must resist becoming America's 'vassals.'" Read on. Macron's hotdogging is a serious problem. ~~~

~~~ Ishaan Tharoor writes the Washington Post's story.

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Monday

Apr102023

April 11, 2023

Afternoon Update:

** Alvin Bragg Is Tired of Trying to Reason with Gym Jordan. Jonah Bromwich, et al., of the New York Times: "The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office's criminal case against ... Donald J. Trump. The 50-page suit, filed in federal court in the Southern District of New York, accuses Mr. Jordan of a 'brazen and unconstitutional attack' on the prosecution of Mr. Trump and a 'transparent campaign to intimidate and attack' the district attorney, Alvin L. Bragg.... Lawyers for Mr. Bragg are seeking to bar Mr. Jordan and his congressional allies from enforcing a subpoena sent to Mark F. Pomerantz, who was once a leader of the district attorney's Trump investigation and who later wrote a book about that experience.... Mr. Bragg's lawyers ... also intend to prevent any other such subpoenas, the lawsuit says.... 'Rather than allowing the criminal process to proceed in the ordinary course, Chairman Jordan and the committee are participating in a campaign of intimidation, retaliation and obstruction,' the suit said, adding that the district attorney's office had received more than 1,000 calls and emails from Mr. Trump's supporters -- many of them 'threatening and racially charged' -- since the former president predicted his own arrest last month." The AP's story is here.

Leigh Ann Caldwell, et al., of the Washington Post: "Congressional leaders in the House and Senate have been given access to the classified documents recovered from the homes of former president Donald Trump, President Biden and former vice president Mike Pence, according to two people familiar with the information who spoke on the condition of anonymity.... The classified documents were shared last week with the 'Gang of Eight,' a bipartisan group of congressional leaders who typically receive briefings on classified intelligence. The documents were shared after months of pressure on the Biden administration from Sens. Mark R. Warner (D-Va.) and Marco Rubio (R-Fla.), the chairman and vice chairman of the Senate Intelligence Committee."

John Wagner of the Washington Post: “The Senate plans to consider a resolution next week condemning Donald Trump's call to 'defund' the Justice Department and FBI, Senate Majority Leader Charles E. Schumer (D-N.Y.) said in a letter to colleagues Tuesday, setting up a vote that will test the loyalties of Republicans to the former president. A day after being arraigned in a Manhattan courtroom on state charges last week, Trump said in a social media post that 'Republicans in Congress should defund' the two federal law enforcement agencies 'until they come to their senses.' His comments echoed those of several Republican House members, notably Judiciary Committee Chairman Jim Jordan (R-Ohio), who has called for using Congress's 'power of the purse' against agencies that he claims have engaged in 'egregious behavior.'" MB: A political gesture that seems a little stupid to me.

Election 2024. Katie Glueck & Shane Goldmacher of the New York Times: "President Biden and his party have selected Chicago to host the 2024 Democratic National Convention, according to the Democratic National Committee, elevating a large liberal city in the heart of the Midwest, a critical battleground region. The convention will be held Aug. 19-22 of next year at the United Center, the committee announced." An ABC News report is here.

~~~~~~~~~~

Perry Stein, et al., of the Washington Post: "The Justice Department on Monday appealed a Texas judge's decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill. The 49-page appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew J. Kacsmaryk suspended Federal Drug Administration approval of mifepristone -- one of the two medications used in more than half of all abortions in the United States.... In its filing Monday, the government asked the 5th Circuit judges to keep the order on hold until the appeal is decided.... The government and the drug manufacturer, Danco Laboratories, asked the appeals court to issue its decision on pausing Kacsmaryk's order by noon Thursday [in order to fall within the period of Kacsmaryk's seven-day stay of his own ruling]. In a brief order late Monday afternoon, the 5th Circuit asked the groups challenging mifepristone's approval to file their response by midnight Tuesday." The CBS News report is here. (Also linked yesterday afternoon.) ~~~

If courts can overturn drug approvals without regard for science or evidence, or for the complexity required to fully vet the safety and efficacy of new drugs, any medicine is at risk for the same outcome as mifepristone. -- 400+ Pharmaceutical Industry Leaders, in a statement ~~~

~~~ Pam Belluck & Christina Jewett of the New York Times: "The pharmaceutical industry plunged into a legal showdown over the abortion pill mifepristone on Monday, issuing a scorching condemnation of a ruling by a federal judge that invalidated the Food and Drug Administration's approval of the drug and calling for the decision to be reversed. The statement was signed by more than 400 leaders of some of the drug and biotech industry's most prominent investment firms and companies, none of which make[s!] mifepristone, the first pill in the two-drug medication abortion regimen. It shows that the reach of this case stretches far beyond abortion. Unlike Roe v. Wade and other past landmark abortion lawsuits, this one could challenge the foundation of the regulatory system for all medicines in the United States."

Lauren Gambino of the Guardian: "Several Democratic governors have moved swiftly to protect access to medication abortion in their states after a ruling by a Texas judge late last week threatened access to the widely used abortion drug mifepristone. In an announcement on Monday, Governor Maura Healey of Massachusetts said her state had ordered about 15,000 doses of mifepristone, the first of two drugs in a medication abortion regimen that has been approved for use up to the 10th week of pregnancy.... California, Governor Gavin Newsom, also a Democrat, said his state had secured an emergency stockpile of up to 2m pills of misoprostol, the second drug in the regimen that can be used safely on its own, though is slightly less effective as a single medication.... In anticipation of the Texas ruling [banning mifepristone], the Democratic governor of Washington, Jay Inslee, announced last week that his state would stockpile a three-year supply of mifepristone in the event the drug became more difficult to access."

The Thomas-Crow Affair, Ctd. Carl Hulse of the New York Times: "Democratic members of the Senate Judiciary Committee on Monday promised a hearing looking into the Supreme Court's ethical standards and urged Chief Justice John G. Roberts Jr. to investigate Justice Clarence Thomas's undisclosed acceptance of gifts and luxurious excursions from a wealthy businessman and Republican donor. In a letter to the chief justice, Senator Richard J. Durbin, Democrat of Illinois and chairman of the committee, joined the 10 other Democratic senators on the panel in writing that if the court did not act in response to an investigation by ProPublica into Justice Thomas's relationship with Harlan Crow, a Texas real estate billionaire, the committee would consider drafting legislation clarifying the court's ethics rules.... In the letter, the senators said the conduct of Justice Thomas 'is plainly inconsistent with the ethical standards the American people expect of any person in a position of public trust.'... No date was immediately announced for the planned hearing. Citing its status as a separate branch of government, the Supreme Court has in the past insisted it is capable of policing itself." A ProPublica report is here. ~~~

~~~ Marie: Oh, don't snicker. The Supremes are just as good at policing themselves as they are at writing decisions in the interest of American democracy (Shelby County, Citizens United). ~~~

Jamelle Bouie of the New York Times: Clarence Thomas "is still as free as he's ever been to treat his seat on the court -- ostensibly a public trust -- like a winning lottery ticket, to redeem with the nearest friendly billionaire (who happens to have a collection of Nazi paraphernalia and Hitler-related souvenirs).... The framers of the Constitution embraced service on 'good behavior' because they wanted a truly independent judiciary, free from the corruption and venality of ordinary politics.... The Maryland antifederalist Samuel Chase complained [of the proposed Supreme Court] that 'its members are too few' and that its small size leaves it vulnerable to 'bribery and corruption.'... Build an exclusive, oligarchical institution, and you'll get an exclusive, oligarchical politics.... With his close ties to a powerful, property-owning billionaire, Thomas embodies the historic role of the Supreme Court in American politics, not as a liberator or defender of the rights of political and social minorities, but as a partner to and ally of moneyed interests.... If [Supreme Court justices] won't act in the spirit of public service, then we should make them."

Adam Cohen, in a New York Times op-ed: "... the last time such serious allegations were made against a sitting justice, Congress did respond firmly, and in bipartisan fashion. Justice Abe Fortas's departure from the court in 1969 is both a blueprint for how lawmakers could respond today and a benchmark of how far we have fallen. Fortas, a Democratic appointee, got caught up in a scandal that involved much smaller dollar amounts than the lavish trips Justice Thomas took.... He also had an unfortunate habit of continuing to offer advice to President Lyndon Johnson.... We now know the Nixon administration was helping Life [magazine] with its investigation [of Fortas], including with some improper leaks, in an attempt to drive Fortas off the court.... Republicans in Congress demanded that Fortas resign.... Democrats demanded his ouster, too.... Fortas insisted he had done nothing wrong, but he stepped down.... Justice Thomas’s conduct has been far more egregious in scale than Fortas's.... Republicans, however, have been deafeningly silent."

Field Trip! Ed Shanahan of the New York Times: "The Republican-led House Judiciary Committee said on Monday that it would hold a hearing in Manhattan on what it called the 'pro-crime' policies of the borough's district attorney, Alvin L. Bragg, a Democrat who is leading the criminal prosecution of ... Donald J. Trump. The move was the latest by Mr. Trump's congressional defenders to try to tarnish Mr. Bragg, a target of their attacks even before he announced in late March that the former president had been indicted.... Dismissing the premise of the hearing -- that Manhattan is experiencing a surging crime wave -- Mr. Bragg's spokeswoman said that data issued by the Police Department last week showed declines in Manhattan in murders (down 14 percent), shootings (17 percent), burglaries (21 percent) and robberies (8 percent) through April 2, compared with the same period last year." ~~~

~~~ Rep. Eric Swalwell (D-Calif.) has a question: ~~~

Why aren’t we having this hearing in Columbus, Ohio (near Jim Jordan’s district) — they have a murder rate nearly 3x higher than Manhattan? https://t.co/7NMJJnReyX
— Rep. Eric Swalwell (@RepSwalwell) April 10, 2023

Kyle Cheney of Politico: "Donald Trump has appealed a judge's order requiring his former vice president, Mike Pence, to testify to the grand jury probing the effort to subvert the 2020 election. Trump's appeal, filed under seal, was lodged on the court docket Monday morning. The former president had challenged the bid by special counsel Jack Smith to compel Pence's testimony earlier this year, claiming it would intrude on conversations protected by executive privilege. But Chief U.S. District Court Judge James Boasberg rejected Trump's challenge, ruling last month that Pence could be compelled to testify. Boasberg, however, did fashion some limits to Smith's inquiry; he agreed, in part, with a separate argument by Pence that some of his actions are protected by the Constitution's 'speech or debate' clause -- which typically prevents Justice Department inquiry into members of Congress and their aides. Under the Constitution, Pence as vice president also served as president of the Senate, entitling him to some measure of congressional immunity, Boasberg found. Although Pence and his allies felt that the ruling didn't extend far enough, Pence opted not to appeal the decision." (Also linked yesterday afternoon.)

Shayna Jacobs & Josh Dawsey of the Washington Post: "... Donald Trump plans to return to New York for a second round of questioning Thursday in a lawsuit brought by Attorney General Letitia James over his business dealings, according to two people familiar with the matter, who spoke on the condition of anonymity to discuss internal details.... James's lawsuit alleges that Trump, three of his adult children and others at the Trump Organization purposely misled lenders and insurance companies about the value of his assets to secure favorable rates. The lawsuit has the potential to effectively cripple the Trump family's business operations in New York, where the commercial real estate and golf resort business is headquartered." An ABC News story is here.

Menace to Society. Adam Klasfeld of Law & Crime: "Some weeks after cloaking a jury in complete anonymity to preside over E. Jean Carroll's lawsuit accusing ... Donald Trump of rape, a federal judge refused to relax that ruling even enough to confidentially share their identities with the attorneys. Senior U.S. District Judge Lewis Kaplan said he couldn't issue such an order in 'good conscience,' especially in light of Trump's continuing attacks on the jurist presiding over the former president's criminal case.... Judge Kaplan footnotes multiple reports about threats pouring into the chambers of Manhattan Supreme Court Justice Juan Merchan in the wake of Trump's attacks."

Shane Goldmacher of the New York Times: "... Donald J. Trump has a minor addition to his mounting pile of legal challenges after he failed to meet the deadline to disclose his personal financial holdings. But the threatened initial penalty -- a meager $200 -- is the latest sign of how weak federal enforcement of campaign laws has become.... Mr. Trump was warned that the fee could be imposed if he does not file within 30 days of the March 16 deadline, which is later this week, in a letter from the Federal Election Commission's acting general counsel that denied his request for a third extension last month. Meredith McGehee, a longtime campaign watchdog, said, 'It's very clear that former President Trump doesn't feel the law applies to him and has spent much of his career hiring legal representation to delay and distract. This is in line with his general approach.'"

Leo Sands of the Washington Post: "Twitter attached a government-affiliation label to the BBC's main Twitter account over the weekend, sparking a stern objection from the public broadcaster and a debate within Britain over the label's accuracy.... Twitter responded to [the BBC's] request for clarification early Monday with a poop emoji, its automated response to all media inquiries.... [Elon] Musk appeared late Sunday to be distancing himself from the new label.... '... I don't actually think the BBC is as biased as some other government-funded media,' he said.... The decision to label the BBC's main non-news account rather than its news account was also puzzling." Roger Mosey, a former editorial director of the BBC said the way Twitter was labeling media outlets looked the work of an intern. Yeah, or a nitwit like Twitter's owner. (Also linked yesterday afternoon.) ~~~

~~~ Marie: Elon really is like a child who puts his hand on a flaming-red stove burner because he wanted to see if it was hot. Unfortunately, Elon is not the person getting burned in his thoughtless "experiments." BUT, as Akhilleus pointed out in yesterday's Comments, the smarter kids learn from their little experiments; Elon does not.

~~~ Marie: One would think that a billionaire entrepreneur who ran several big businesses would be far too busy to get into petty spats with his retainers. Wrong. ~~~

~~~ Mike Masnick of TechDirt: "The refrain to remember with Twitter under Elon Musk: it can always get dumber.... On Thursday, Musk's original hand-picked Twitter Files scribe, Matt Taibbi, went on Mehdi Hasan's show.... The interview did not go well for Taibbi in the same manner that finding an iceberg did not go well for the Titanic.... Due to a separate dispute that Elon was having with Substack..., he decided to arbitrarily bar anyone from retweeting, replying, or even liking any tweet that had a Substack link in it. But Taibbi's vast income stems from having one of the largest paying Substack subscriber bases. So, in rapid succession he announced that he was leaving Twitter, and would rely on Substack, and that this would likely limit his ability to continue working on the Twitter Files. Minutes later, Elon Musk unfollowed Taibbi on Twitter.... [By Saturday, it was apparent that] Taibbi's [Twitter] account appears to have been 'max deboosted'..., meaning you can't find Taibbi in search.... So, yes, we went from Taibbi praising Elon Musk for supporting free speech and supposedly helping to expose the evil shadowbanning of the old regime, and refusing to criticize Musk on anything, to Taibbi leaving Twitter, and Musk not just unfollowing him but shadowbanning him and all his Twitter Files. In about 48 hours."

Chris Mooney & Brady Dennis of the Washington Post: "Scientists have documented an abnormal and dramatic surge in sea levels along the U.S. gulf and southeastern coastlines since about 2010, raising new questions about whether New Orleans, Miami, Houston and other coastal communities might be even more at risk from rising seas than once predicted. The acceleration, while relatively short-lived so far, could have far-reaching consequences in an area of the United States that has seen massive development as the wetlands, mangroves and shorelines that once protected it are shrinking. An already vulnerable landscape that is home to millions of people is growing more vulnerable, more quickly, potentially putting a large swath of America at greater risk from severe storms and flooding.... [A University of Arizona] study, published in the Journal of Climate, calculates the rate of sea-level rise since 2010 at ... nearly 5 inches in total through 2022. That is more than double the global average rate of about 4.5 millimeters per year since 2010, based on satellite observations of sea level from experts at the University of Colorado at Boulder. While the annual totals might sound minor, even small changes in sea levels over time can have destructive consequences. [The] study suggested that Hurricanes Michael and Ian, two of the strongest storms ever to hit the United States, were made considerably worse in part from additional sea level rise."

2024 Senate Races. Sarah Burris of the Raw Story: "The Washington Examiner reported Monday that the GOP is begging Donald Trump to keep out of the 2024 [Senate] race[s]. [Sen.] Steve 'Daines has reportedly been in touch with the former president and Donald Trump Jr...., as part of a larger effort to keep all camps on the same page about candidate selection matters,' said the report. 'The goal is to avoid messy primary fights that left weakened some 2022 candidates in their general election contests. The stakes are especially high given that Republicans only need to net two seats to win back the Senate in 2024.... Read the full report here."

The Pandemic, Ctd. Dan Diamond of the Washington Post: "The Biden administration is launching a $5 billion-plus program to accelerate development of new coronavirus vaccines and treatments, seeking to better protect against a still-mutating virus, as well as other coronaviruses that might threaten us in the future. 'Project Next Gen' -- the long-anticipated follow-up to 'Operation Warp Speed,' the Trump-era program that sped coronavirus vaccines to patients in 2020 -- would take a similar approach to partnering with private-sector companies to expedite development of vaccines and therapies. Scientists, public heath experts and politicians have called for the initiative, warning that existing therapies have steadily lost their effectiveness and that new ones are needed."

Beyond the Beltway

Caroline Kitchener of the Washington Post: "... a new reality playing out in hospitals in antiabortion states across the country -- where because of newly enacted abortion bans, people with potentially life-threatening pregnancy complications are being denied care that was readily available before the Supreme Court overturned Roe v. Wade in June.... In the 18 states where abortion is now banned before fetal viability, many hospitals have been turning away pre-viability PPROM [-- pre-viability preterm prelabor rupture of the membranes --] patients as doctors and administrators fear the legal risk that could come with terminating even a pregnancy that could jeopardize the mother's well-being, according to 12 physicians practicing in antiabortion states.... Of all the pregnancy complications affected by abortion bans, pre-viability PPROM is one of the most widespread, according to doctors interviewed for this story." (Also linked yesterday afternoon.)

Florida. Miriam Jordan of the New York Times: "Led by Gov. Ron DeSantis, a Republican with presidential ambitions, the Florida Legislature is considering a sweeping package of immigration measures that would represent the toughest crackdown on undocumented immigration by any state in more than a decade. Expected to pass within weeks because Republicans have supermajorities in both chambers, the bills are part of what Mr. DeSantis describes as a response to President Biden's 'open borders agenda,' which he said has allowed an uncontrolled flow of immigrants to cross into the United States from Mexico. The bills would expose people to felony charges for sheltering, hiring and transporting undocumented immigrants; require hospitals to ask patients their immigration status and report to the state; invalidate out-of-state driver's licenses issued to undocumented immigrants; prevent undocumented immigrants from being admitted to the bar in Florida; and direct the Florida Department of Law Enforcement to provide assistance to federal authorities in enforcing the nation's immigration laws. Mr. DeSantis has separately proposed eliminating in-state college tuition for undocumented students and beneficiaries of the Obama-era Deferred Action for Childhood Arrivals program...." (Also linked yesterday.)

Iowa. AP (April 9): "The Iowa Attorney General's Office has paused its practice of paying for emergency contraception -- and in rare cases, abortions -- for victims of sexual assault.... Federal regulations and state law require Iowa to pay many of the expenses for sexual assault victims who seek medical help, such as the costs of forensic exams and treatment for sexually transmitted infections. Under the previous attorney general, Democrat Tom Miller, Iowa's victim compensation fund also paid for Plan B, the so-called morning after pill, as well as other treatments to prevent pregnancy. A spokeswoman for Republican Attorney General Brenna Bird, who defeated Miller's bid for an 11th term in November, told the Des Moines Register that those payments are now on hold as part of a review of victim services." ~~~

~~~ Marie: Bear in mind that the morning-after pill does not cause an abortion, rather it prevents a pregnancy. As Rachel Maddow noted Monday night, the Republican Iowa AG wants rape victims to have to give birth to the children of their rapists.

Mississippi. Ilyssa Daly & Jerry Mitchell of the New York Times: "... an investigation by The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today reveals that allegations of wrongdoing against [former sheriff & jail supervisor Terry] Grassaree have been far more wide-ranging and serious than ... federal charges [against him] suggest.... At worst, they tell the story of a sheriff who operated with impunity, even as he was accused of abusing the people in his custody, turning a blind eye to women who were raped and trying to cover it up when caught.... In Mississippi, as in many states, rural sheriffs are left largely to police themselves and their jails.... No state agency oversees Mississippi's county jails...."

Pennsylvania Senate Race. John Wagner of the Washington Post: "Sen. Robert P. Casey Jr. (D-Pa.) announced Monday that he will seek a fourth term next year despite a recent health scare, providing a boost to Democrats in one of a bevy of battleground states that the party is defending as it tries to maintain its narrow majority in the Senate." (Also linked yesterday afternoon.)

** Tennessee. Emily Cochrane of the New York Times: "Local officials in Nashville unanimously voted to appoint one of two expelled Democratic lawmakers back to his seat in the state House of Representatives, a swift rebuke to the Republican supermajority over its decision to expel the two lawmakers for leading a gun control protest on the House floor. The Metropolitan Nashville Council voted to temporarily appoint Justin Jones back to his Nashville seat in the state legislature, just days after Republicans overwhelmingly voted to expel him. The move by the Nashville councilors paves the way for Mr. Jones to be quickly reinstated to his seat, ahead of a special election later this year.... On Monday, dozens of people rallied outside the meeting in Nashville, carrying signs that read 'No Justin, No Peace.'... Lawyers for the men -- a group that includes Eric H. Holder Jr., the former U.S. attorney general -- warned the legislature on Monday against any further action against them or their cities." The NBC News story is here. (Also linked yesterday afternoon.) ~~~

~~~ Marie: We should take a moment to congratulate Tennessee's Republican legislators for making national heroes of local Democrats. As I write, Jones is about to re-enter the House chamber. Kids, it turns out the Resurrection is true, after all. And Jesus is Black. ~~~

~~~ Marie: Gee, maybe one council member should have voted for the House's majority leader, because -- in violation of the state's constitution -- he lives in Nashville, not in the district he supposedly represents. ~~~

~~~ Jud Legum of Popular Information: Last week Tennessee House Speaker Cameron Sexton voted to oust three Democrats for violating "several rules of decorum and procedure." But Sexton himself seems to be violating a more fundamental rule: he doesn't appear to live in the Republican-leaning district he represents, as is required by the state's constitution. He sold his house there in 2020, & purchased a small nearby condo, but he and his family apparently live in a Nashville burb in a district that leans Democratic. Nonetheless, he accepts per diem during the legislative session as if he lived far outside of Nashville. In 2022, he billed the taxpayers $19,093 in per diems. "In total, Sexton may have overcharged Tennessee taxpayers as much as $78,756 [in per diems] since 2020." MB: Gosh, the House Speaker appears to be violating the state constitution and bilking taxpayers, but at least he's not leading chants to save schoolchildren from gun violence. So rude. (Also linked yesterday afternoon.) ~~~

~~~ Update: "After yesterday's story was published and spread rapidly online, Sexton did communicate with Phil Williams, a high-profile Tennessee reporter. Williams reported that 'Sexton argues, as Speaker, he has to be in Nashville so often that it's easier to have his family here.' So now we know the answer to the question: Sexton, and his family, live in Nashville. In addition to not living in Crossville, Sexton has also not paid his property taxes on his two-bedroom condo in Crossville for the last two years, according to the Cumberland County website. Under Tennessee law, '[t]he place where a married person's spouse and family have their habitation is presumed to be the person's place of residence.' So, now that Sexton admitted he and his family live in Nashville, there is a presumption that Sexton also resides in Nashville for the purpose of voting registration. That would make his representation of District 25 unconstitutional since he wouldn't be ;a qualified voter of that district."

Virginia. Jane Timm of NBC News: "In January, the GOP assumed control of the Buckingham County[, Virginia,] Electoral Board..., and local Republicans began advancing baseless voter fraud claims that baffled [the registrar, Lindsey Taylor]. The electoral board made it clear it wanted her out of the job. 'There were people saying that they had heard all these rumors -- that the attorney general was going to indict me,' Taylor said, days after leaving the office for the last time.... Three weeks ago, frustrated and heartbroken, Taylor, along with two part-time staffers, quit. Their resignations followed a deputy registrar who left in February, citing the same conflict. The four departures left residents without a functioning registrar's office; there was no way to register to vote or certify candidate paperwork...." At a meeting of the county board in early January, a local Republican said to Taylor, "I am putting you on notice -- for treason!" "The Virginia Attorney General's office confirmed that [the county's election board chairwoman] had contacted them, but they said they had not, and were not, investigating elections issues in Buckingham County." (Also linked yesterday afternoon.)

Virginia. Justin Jouvenal of the Washington Post: "The mother of a 6-year-old boy who shot a teacher at a Virginia school in January has been charged criminally in connection with the case, and a special grand jury will be convened to explore others' conduct, authorities said Monday. Deja Taylor, 25, of Newport News, is facing one felony count of child neglect and one misdemeanor count of recklessly storing a firearm so a child could gain access to it. The weapon the boy used belonged to Taylor, authorities have said. If convicted, Taylor faces up to five years in prison on the felony and up to a one-year sentence on the misdemeanor. Howard Gwynn, the Newport News commonwealth's attorney, said in a statement he also has asked a judge to impanel a special grand jury to continue to probe any 'security issues' that 'may have contributed to this shooting,' suggesting that the conduct of administrators or others who allegedly failed to act after being warned the boy had a weapon would be further scrutinized." (Also linked yesterday afternoon.) A Guardian report is here.

Way Beyond

Ukraine, et al.

The Washington Post's live briefing of developments Tuesday in Russia's war on Ukraine is here: "The [leaked Pentagon] documents show that the U.S. intelligence community has deeply infiltrated the Russian military -- in some cases enabling Washington to warn Kyiv of attacks. >Washington has been working with Kyiv to shape the anticipated counteroffensive, and U.S. officials have held tabletop exercises with Ukrainian military leaders, The Washington Post reported.... Moscow ordered military preparations in response to the NATO accession of Finland, which was formerly militarily nonaligned." ~~~

~~~ The Guardian's live updates for Tuesday are here. The Guardian's summary report is here.

The Perp Left Clues. Julian Barnes, et al., of the New York Times: "A surprisingly large number of people potentially had access to the Pentagon intelligence documents leaked on a social media site in early March, but clues left online may help investigators narrow down the pool of possible suspects relatively quickly, U.S. officials said on Monday.... While some documents were doctored, those revisions appear to have been made later. Officials have acknowledged that many of the documents are genuine, and they were initially posted on the internet without alterations.... The intelligence materials appear to have been first photographed and then uploaded online, a kind of sloppy procedure that suggests the person leaking the documents probably took few steps to conceal the IP addresses used or the date stamps from photographs, said Javed Ali, a former senior U.S. counterterrorism official...."

With Friends Like This ... Evan Hill, et al., of the Washington Post: "President Abdel Fatah El-Sisi of Egypt, one of America's closest allies in the Middle East and a major recipient of U.S. aid, recently ordered subordinates to produce up to 40,000 rockets to be covertly shipped to Russia, according to a leaked U.S. intelligence document. A portion of a top secret document, dated Feb. 17, summarizes purported conversations between Sisi and senior Egyptian military officials and also references plans to supply Russia with artillery rounds and gunpowder. In the document, Sisi instructs the officials to keep the production and shipment of the rockets secret 'to avoid problems with the West.' The Washington Post obtained the document from a trove of images of classified files posted in February and March on Discord, a chat app popular with gamers."

Justin McCurry, et al., of the Guardian: "The US is attempting to mend fences with key allies after leaked Pentagon documents claimed Washington had been spying on friendly countries including South Korea and Israel. The US secretary of defence, Lloyd Austin, spoke to his South Korean counterpart on Tuesday as officials in Seoul denied the possibility that the president's office could have been the source of leaks over South Korean arms sales to the US."

David Inatius of the Washington Post: "The leaked documents on the Ukraine war are chilling.... First, Ukraine is facing a severe shortage of air defense weapons that could cost it the war.... Second, the West's 'arsenal of democracy' isn't close to matching Ukraine's needs.... Why hasn't President Biden appointed the equivalent of Franklin D. Roosevelt's War Production Board? Third, the Biden administration has been more risk averse than some allies -- and more than seems necessary.... Finally, journalists have been hearing privately for many months from top U.S. officials that they believe this conflict is at a deadly impasse, with heavy casualties depleting both sides."

Matthew Lee of the AP: "The Biden administration formally determined Monday that a Wall Street Journal reporter arrested in Russia on espionage charges has been 'wrongfully detained.' The designation elevates the case of Evan Gershkovich in the U.S. government hierarchy and means that a dedicated State Department office will take the lead on securing his release. Secretary of State Antony Blinken announced the determination on Monday, saying he condemned the arrest and Russia's repression of independent media." (Also linked yesterday afternoon.)

Israel. Never Mind. Justin Kingsley & Hiba Yakbek of the New York Times: "Prime Minister Benjamin Netanyahu of Israel announced on Monday night that he had reversed his decision to fire Defense Minister Yoav Gallant, 15 days after Mr. Gallant was nominally dismissed for criticizing the pace of the government's contentious plan to overhaul Israel's justice system. Mr. Netanyahu had never formally confirmed Mr. Gallant's ouster, which set off widespread unrest and led the government to suspend its judicial plan until the summer."

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