The Conversation -- December 30, 2023

Alan Feuer of the New York Times: "Federal prosecutors asked an appeals court on Saturday to reject ... Donald J. Trump's claims that he is immune from criminal charges of plotting to overturn the 2020 election.... 'The presidency plays a vital role in our constitutional system, but so does the principle of accountability for criminal acts -- particularly those that strike at the heart of the democratic process,' wrote James I. Pearce, one of [Jack] Smith's deputies. 'Rather than vindicating our constitutional framework, the defendant's sweeping immunity claim threatens to license presidents to commit crimes to remain in office. The founders did not intend and would never have countenanced such a result.'... [Mr. Trump's] appeal is legally significant because it centers on a question that has never before been asked or fully answered. That is because Mr. Trump is both the first former president to have been charged with crimes and because he has chosen to defend himself in this case with a novel claim: that the office he held at the time should shield him entirely from prosecution." ~~~

     ~~~ Politico's report, by Josh Gerstein & Kyle Cheney, is here. The DOJ brief, via the U.S. Courts, is here.

Kayla Gallagher of the Messenger: "... Donald Trump claimed in a Truth Social post that droves of migrants are crossing the border into the U.S. to cast ballots for 'crazed' Democrats. 'It's becoming more and more obvious to me why the "Crazed" Democrats are allowing millions and millions of totally unvetted migrants into our once great Country. IT'S SO THEY CAN VOTE, VOTE, VOTE,' Trump wrote in his post Friday. 'They are signing them up at a rapid pace, without even knowing who the hell they are ... Republicans better wake up and do something, before it is too late,' he added. 'Are you listening Mitch McConnell?' People who aren't citizens can't vote in federal and almost all local elections -- and the process for an immigrant to become a citizen typically takes several years."

Ukraine, et al. Constant Méheut & Ivan Nechepurenko of the New York Times: “The Russian authorities said on Saturday that a Ukrainian attack on the city of Belgorod had killed at least 18 people and injured more than 110 others, in the deadliest strike against a Russian city since the beginning of the war nearly two years ago. Russia's Defense Ministry said in a statement that Ukraine had hit Belgorod -- a regional center of around 330,000 residents about 25 miles north of the Ukrainian border -- with two missiles and several rockets, adding that the strike was 'indiscriminate' and would 'not go unpunished.'... The strike on Belgorod was in response to Russia's air assault on Friday against Ukraine, said an official from Ukraine's intelligence services, who spoke on the condition of anonymity...." A CNN report is here.

Florida. Still Longin' for de Old Plantation. A.G. Gancarski of Florida Politics: "Ron DeSantis ripped Jacksonville Mayor Donna Deegan in the wake of the Mayor's Office compelling the removal of the Women of the Southland structure from Springfield Park, equating Confederate statues with those honoring American heroes. 'I'm opposed to taking down statues. The idea that we're going to just erase history is wrong. You've seen it now where they tried to take down Thomas Jefferson, they tried to take down George Washington off schools. It just gets so out of hand. So I don't support taking down statues, particularly if you don't have legal authority to do it,' DeSantis said." Thanks to Bobby Lee for the link.~~~

     ~~~ Marie: When you treat Donald Trump like an American hero, it is not a stretch to treat other traitors as heroes. Interesting that Rhonda chastised Nikki about her not-slavery answer to the question of what caused the Civil War. He said, "It's not that difficult to identify and acknowledge the role slavery played in the Civil War." He forgot to add that slavery was a good thing because many slaves learned trades like blacksmithing.

Another Reason Nikki Haley Should Not Be President*. Nicholas Kerr of ABC News: Haley answered a voter's question by saying she would pardon Donald Trump "for the good of the country" and because it would be wrong for "an 80-year-old man [to be] sitting in jail." MB: Do you suppose she means to pardon all 80-year-old jailbirds? I don't think so.

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Brandi Buchman of Law & Crime: "For the second time in a month, the appeals court in Washington, D.C., has ruled once again that Donald Trump is not immune from lawsuits brought against him by police officers who defended the Capitol on Jan. 6, 2021. On Dec. 1, three judges on the U.S. Court of Appeals ruled against Trump in a case brought by Capitol Police Officers James Blassingame and Sidney Hemby, as well as lawmakers including Reps. Eric Swalwell, D-Calif., and Bennie Thompson, D-Miss.... Now, in a ruling released Friday, the appeals court ... concluded that a different lawsuit first brought in August 2021 by USCP Officer Conrad Smith and seven of his colleagues, was virtually 'indistinguishable' from the Blassingame case. MB: It is notable that in both of these cases, the appeals court judges ruled against Trump's argument that he was immune from the suits because all that incitement stuff constituted "official acts." (Also linked yesterday). ~~~

     ~~~ Marie: I had to do a little checking (here and here), but I found that two of the three judges heard both cases. The CBS News report is here.

Benjamin Weiser & Jonathan Bromwich of the New York Times: "Michael D. Cohen, the onetime fixer for ... Donald J. Trump, mistakenly gave his lawyer bogus legal citations concocted by the artificial intelligence program Google Bard, he said in court papers unsealed on Friday. The fictitious citations were used by the lawyer in a motion submitted to a federal judge, Jesse M. Furman. Mr. Cohen, who pleaded guilty in 2018 to campaign finance violations and served time in prison, had asked the judge for an early end to the court's supervision of his case now that he is out of prison and has complied with the conditions of his release. The ensuing chain of misunderstandings and mistakes ended with Mr. Cohen asking the judge to exercise 'discretion and mercy.'... The episode could have implications for a Manhattan criminal case against Mr. Trump [-- the Stormy Daniels hush-money case --] in which Mr. Cohen is expected to be the star witness." A new attorney for Cohen could not verify the citations and so informed Judge Furman....

"The issue of lawyers relying on chatbots exploded into public view earlier this year after another federal judge in Manhattan, P. Kevin Castel, fined two lawyers $5,000 after they admitted filing a legal brief filled with nonexistent cases and citations, all generated by ChatGPT. Such cases appear to be rippling through the nation's courts, said Eugene Volokh, a law professor at U.C.L.A..., said he had counted a dozen cases in which lawyers or litigants representing themselves were believed to have used chatbots for legal research that ended up in court filings." An ABC News report is here. MB: Wow, fake law! This AI stuff sounds perfect for Sam Alito. He no longer has to crib from imperfect amicus briefs filed by Friends of Leo; he and his clerks can sit at their computers generating "original" fake case law that totally supports whatever preconceived opinion or prejudice he has in mind.

Presidential Race 2024

Maggie Haberman & Jonathan Swan of the New York Times: "... Donald J. Trump's advisers are preparing as soon as Tuesday to file challenges to decisions in Colorado and Maine to disqualify Mr. Trump from the Republican primary ballot because of the Jan. 6, 2021, attack on the Capitol, according to a person familiar with the matter. In Maine, the challenge to the secretary of state's decision to block Mr. Trump from the ballot will be filed in a state court. But the Colorado decision, which was made by that state's highest court, will be appealed to the U.S. Supreme Court...."

David Sharp of the AP: "The decision [to remove Donald Trump from Maine's primary ballot] exposed [Secretary of State Shenna] Bellows to hate and vitriol on social media -- along with posts showing support -- and her office said Bellows and members of her staff were subjected to threats, something she called 'unacceptable.' At least one [Maine] Republican lawmaker has vowed to pursue impeachment against ... Bellows despite long odds in the Democratic-controlled Legislature.... Among Maine's congressional delegation, only Democratic U.S. Rep. Chellie Pingree, who represents the liberal 1st Congressional District, supported Bellows' conclusion that Trump incited an insurrection...." U.S. Rep. Jared Golden (D), & Senators Angus King (I) & Susan Collins (R) all expressed variations on the let-the-people-decide theme song. MB: Golden voted to impeach Trump for inciting the insurrection, and King & Collins voted to convict him.

Ernesto Londoño of the New York Times: "As the former head of the state's American Civil Liberties Union, [Maine Secretary of State Shenna] Bellows did not shy away from divisive issues. But her ballot decision on Thursday was perhaps the weightiest and most politically fraught that she had faced -- and it sparked loud rebukes from Republicans in Maine and beyond. In an interview on Friday, Ms. Bellows defended her decision, arguing that [Donald] Trump's incitement of the Jan. 6, 2021, attack on the U.S. Capitol made it necessary to exclude him from the ballot next year.... 'The United States Constitution does not tolerate an assault on the foundations of our government, and Maine election law required that I act in response.'... After holding a hearing this month in which she considered arguments from both Mr. Trump's lawyers and his critics, Ms. Bellows explained her decision in a 34-page order issued on Thursday night.... Ms. Bellows said it was not uncommon for secretaries of state to bar candidates from the ballot if they did not meet eligibility requirements, and noted that she refused to allow Chris Christie, the former governor of New Jersey, to appear on the state's Republican primary ballot after he failed to get enough signatures." ~~~

     ~~~ Marie: I have heard pundits arguing on the teevee that (1) one person shouldn't be allowed to decide who's on the ballot, (2) that Bellows isn't a lawyer, (3) that she should have recused herself because she's "political," (4) that her hearing did not meet criminal or even civil courtroom standards, included hearsay evidence, etc. (5) And of course the commonplace "let the people decide at the ballot box." BUT (1) That's the law in Maine. (2) So what? (3) Secretaries of states are all either elected officials or are appointed by elected officials, so they're all "political." (4) If you are convicted in court of a crime, you may lose your liberty; if you lose a civil case in court, you may have to compensate the winner. If you don't get to run for president*, you haven't lost a thing. You and I don't get to run for president, either; are we whining? (5) The people decided long ago that officials who represent will make some decisions for us: like who qualifies to run for office. And besides all that, those who are disqualified from the ballot have the option to sue -- which is exactly what Donald Trump is doing. Everybody needs to calm down a little.

Perry Bacon of the Washington Post: Arguments against removing Donald Trump from the ballot "fail to grasp the threat that he poses and the gravity of his previous actions.... Democracy is not just elections; it's also a broader system of rules, laws and norms.... Trump ... only supports elections if he is declared the winner. It cannot be a requirement of democracy that you allow the election of leaders who will then end free and fair elections -- and therefore democracy itself.... Officials [in Colorado & Maine] are only stepping in now to enforce democratic principles because for three years, so many others haven't.... The real affront to democracy is Trump, not officials following laws intended to keep people like him from gaining power." Bacon cites Republican senators, the DOJ/Merrick Garland, & Republican voters as slackers. ~~~

     ~~~ Marie: Oh, and there's a glaring mistake in Bacon's column. I'll let you find it.

Steven Portnoy of ABC News takes a look at the adoption of Section 3 of the Fourteenth Amendment. MB: I get the impression that Portnoy thinks his historical perspective casts doubt on the use of the amendment to remove Trump from the ballot. I think the opposite is true.

Angelo Fichera of the New York Times: "... Donald J. Trump has repeatedly tried to appeal to Christian voters in recent weeks by accusing the Biden administration of criminalizing Americans for their faith. On multiple occasions this month, Mr. Trump has claimed that President Biden has 'persecuted' Catholics in particular. Mr. Biden himself is Catholic." Fichera looks at three categories of Trump's tall tales and finds one false, one misleading and one lacking context.

What do you want me to say about slavery? -- Nikki Haley, after she stumbled over a question about the cause of the Civil War & failed to mention slavery ~~~

~~~ Alexandra Petri of the Washington Post: "I thought Donald Trump's description of Abraham Lincoln as 'a man of great intelligence' who 'did something that was a very important thing to do, and especially at that time,' couldn't be topped, but I guess I was wrong. Ah, the Republican Party! Unofficial slogan: We Refuse to Learn History, and We're Eager to Repeat It.... But, look, 'What caused the Civil War?' is just one of a whole host of straightforward questions that no GOP presidential candidate can hope to answer. I have taken the liberty of predicting Haley's responses to analogous questions. Try this at home and you, too, can enjoy a fun, alarming word salad where 'capitalism' and 'limited government' are thrown in at intervals, like pecans. Happy 2024!" Here's one example Q&A: Q: "Was it good or bad that a mob descended on the Capitol on Jan. 6, 2021, yelling 'Hang Mike Pence' and trying to prevent certification of the presidential election?" A: (laughs) "Don't go easy on me! I think the Capitol is certainly, in the hearts of Americans, a place, and capitalism itself is so important. What do you think?"

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If you live in a state spelled with only four letters and barely a hint of consonant, then yesterday was a pretty good day for the kids in your neighborhood.

Iowa. Mitch Smith of the New York Times: "A federal judge in Iowa temporarily blocked on Friday the enforcement of a law backed by Republicans that banned books describing sex acts from public school libraries. In granting the preliminary injunction, Judge Stephen Locher said that the law 'makes no attempt to target such books in any reasonable way.... Instead, it requires the wholesale removal of every book containing a description or visual depiction of a "sex act," regardless of context,' the judge wrote. 'The underlying message is that there is no redeeming value to any such book even if it is a work of history, self-help guide, award-winning novel or other piece of serious literature. In effect, the Legislature has imposed a puritanical "pall of orthodoxy" over school libraries.' The publisher Penguin Random House and the best-selling authors John Green and Jodi Picoult were among the plaintiffs who challenged the measure on free-speech grounds. Judge Locher, who was appointed by President Biden to the U.S. District Court for the Southern District of Iowa, also blocked a portion of the law that imposed limits on instruction about sexual orientation and gender identity before seventh grade." The AP's report is here.

Ohio. Amy Harmon of the New York Times: "Mike DeWine, the Republican governor of Ohio, vetoed a bill on Friday that would have barred transgender minors from receiving puberty blockers, hormone therapy and surgeries, a rare rejection in what has been a concerted effort by the Republican Party to mobilize cultural conservatives around transgender issues for the 2024 primaries.... On Friday, Mr. DeWine said that if the bill were to become law, 'Ohio would be saying that the state, that the government, knows better what is medically best for a child than the two people who love that child the most, the parents.' The governor reached his decision after visiting hospitals and meeting with families 'both positively and negatively affected' by gender-affirming care last week, a spokesperson said.... The Ohio legislature, where Republicans hold a supermajority, could override Mr. DeWine's veto." Politico's story is here.

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Israel/Palestine

The Washington Post's live updates of developments Saturday in the Israel/Hamas war are here: "As Israel's military campaign in Gaza intensifies, Secretary of State Antony Blinken has approved a $147.5 million arms sale to Israel through an emergency authority that bypasses the standard congressional review process. In a Friday announcement, the State Department said the proposed sale of 155-mm artillery shells and related equipment is consistent with the U.S. commitment to Israel's security and efforts to help it 'develop and maintain a strong and ready self-defense capability.' UNRWA, the U.N. agency for Palestinian refugees, said Friday that IDF soldiers fired on a U.N. aid convoy returning from a delivery in northern Gaza, an incident U.N. humanitarian chief Martin Griffiths condemned as 'unlawful.'... South Africa on Friday called on the International Court of Justice to find that Israel's war in Gaza is a violation of the Genocide Convention of 1948. The filing accused Israel of engaging 'in genocidal acts against the Palestinian people in Gaza.' Israel's Foreign Ministry called on the court to dismiss the filing, which it 'rejects with disgust.'" ~~~

     ~~~ The New York Times' live updates for Saturday are here. CNN's live updates are here: "The UN has expressed alarm after more than 100,000 displaced people arrived in Rafah in recent days, a southern city that is the most densely populated in Gaza. It warned disease and food shortages were worsening already 'dire living conditions.' The influx comes as Israel expands its operations in southern Gaza, where its military said it was fighting Hamas with snipers and tank fire. But battles are also underway in the north, the initial focus of Israel's campaign to destroy the militants."

Adam Goldman, et al., of the New York Times: "... a New York Times investigation found that [on October 7, when Hamas attacked Israel,] Israel's military was undermanned, out of position and so poorly organized that soldiers communicated in impromptu WhatsApp groups and relied on social media posts for targeting information. Commandos rushed into battle armed only for brief combat. Helicopter pilots were ordered to look to news reports and Telegram channels to choose targets. And perhaps most damning: The Israel Defense Forces did not even have a plan to respond to a large-scale Hamas attack on Israeli soil, according to current and former soldiers and officers.... Much of the military failure was due to the lack of a plan, coupled with a series of intelligence missteps in the months and years before the attack."

Ukraine, et al. Constant Méheut and Daria Mitiuk of the New York Times: "Russia targeted Ukrainian cities with more than 150 missiles and drones on Friday morning, in what Ukrainian officials said was one of the largest air assaults of the war. At least 26 people were killed, and more than 120 were wounded, according to Ukrainian authorities, and critical infrastructure was damaged.... For several hours on Friday, missiles, drones and debris slammed into factories, hospitals and schools in cities across Ukraine, from Lviv in the west to Kharkiv in the east.... Thanks to its powerful air defense systems, Ukraine has often been able to shoot down most, if not all, Russian weapons targeting cities in recent months. But on Friday the Ukrainian military said it had shot down only 114 missiles and drones out of a total of 158... The Ukrainian authorities had warned for months that Russia was stockpiling high-precision missiles to pound Ukrainian cities when cold weather began to bite....

"Yet Republican lawmakers in Congress have declined to pass a new $50 billion security package for Ukraine unless the law also imposes new restrictions on migrants trying to cross the southern U.S. border, and negotiations are continuing. Washington said on Wednesday that it was releasing the last Congress-approved package of military aid currently available to Kyiv. Ukraine's supply of surface-to-air missiles -- key ordnance needed to down incoming Russian missiles -- is now running short." (Also linked yesterday.) ~~~

~~~ Alex Gangitano of the Hill: "President Biden on Friday issued a scathing statement against Russian President Vladimir Putin after Russia's latest attacks on Ukraine, the largest aerial assault since the war began. 'It is a stark reminder to the world that, after nearly two years of this devastating war, Putin's objective remains unchanged. He seeks to obliterate Ukraine and subjugate its people. He must be stopped,' Biden said.... The president called on Congress to provide more aid for Ukraine, noting Ukraine used air defense systems from the U.S. and other allies to fend off the attack. 'The American people can be proud of the lives we have helped to save and the support we have given Ukraine as it defends its people, its freedom, and its independence. But unless Congress takes urgent action in the new year, we will not be able to continue sending the weapons and vital air defense systems Ukraine needs to protect its people. Congress must step up and act without any further delay,' Biden said."

News Ledes

CNN: "Massive waves and coastal flooding are wreaking havoc for a third day in many of California's coastal communities, where extreme conditions have forced water rescues, washed away cars and injured a handful of enthralled onlookers. The unusually large surf -- often towering over 20 feet -- has prompted beach closures along the California coast and sent damaging deluges of water into several beachside streets, homes and businesses."

New York Times: "Tom Wilkinson, the actor who could turn a manic lawyer, a steel-foreman-turned-stripper and parts small and large into mesmerizing turns, winning Oscar nominations and plaudits for his performances in movies like 'Michael Clayton' and 'The Full Monty,' died on Saturday, according to The Associated Press. He was 75."

The Conversation -- December 29, 2023

Ukraine, et al. Constant Méheut and Daria Mitiuk of the New York Times: “Russia targeted Ukrainian cities with more than 150 missiles and drones on Friday morning, in what Ukrainian officials said was one of the largest air assaults of the war. At least 26 people were killed, and more than 120 were wounded, according to Ukrainian authorities, and critical infrastructure was damaged.... For several hours on Friday, missiles, drones and debris slammed into factories, hospitals and schools in cities across Ukraine, from Lviv in the west to Kharkiv in the east.... Thanks to its powerful air defense systems, Ukraine has often been able to shoot down most, if not all, Russian weapons targeting cities in recent months. But on Friday the Ukrainian military said it had shot down only 114 missiles and drones out of a total of 158.... The Ukrainian authorities had warned for months that Russia was stockpiling high-precision missiles to pound Ukrainian cities when cold weather began to bite....

:Yet Republican lawmakers in Congress have declined to pass a new $50 billion security package for Ukraine unless the law also imposes new restrictions on migrants trying to cross the southern U.S. border, and negotiations are continuing. Washington said on Wednesday that it was releasing the last Congress-approved package of military aid currently available to Kyiv. Ukraine's supply of surface-to-air missiles -- key ordnance needed to down incoming Russian missiles -- is now running short."

Brandi Buchman of Law & Crime: "For the second time in a month, the appeals court in Washington, D.C., has ruled once again that Donald Trump is not immune from lawsuits brought against him by police officers who defended the Capitol on Jan. 6, 2021. On Dec. 1, three judges on the U.S. Court of Appeals ruled against Trump in a case brought by Capitol Police Officers James Blassingame and Sidney Hemby, as well as lawmakers including Reps. Eric Swalwell, D-Calif., and Bennie Thompson, D-Miss.... Now, in a ruling released Friday, the appeals court ... concluded that a different lawsuit first brought in August 2021 by USCP Officer Conrad Smith and seven of his colleagues, was virtually 'indistinguishable' from the Blassingame case." MB: It is notable that in both of these cases, the appeals court judges ruled against Trump's argument that he was immune from the suits because all that incitement stuff constituted "official acts."

     ~~~ Marie: I had to do a little checking (here and here), but I found that two of the three judges heard both cases.

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Presidential Race 2024

** Jenna Russell & Ernesto Londoño of the New York Times: "Maine's top election official on Thursday barred Donald J. Trump from the state's primary election ballot ... based on claims that his efforts to remain in power after the 2020 election rendered him ineligible. In a written decision, the official, Secretary of State Shenna Bellows, said that Mr. Trump did not qualify for the ballot because of his role in the Jan. 6 attack on the U.S. Capitol, agreeing with a handful of citizens who claimed that he had incited an insurrection and was thus barred from seeking the presidency again under the 14th Amendment of the Constitution. 'I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection,' Ms. Bellows, a Democrat, wrote.... Maine's decision adds urgency to calls for the U.S. Supreme Court to insert itself into the politically explosive dispute over his eligibility." CNN's story is here. (Also linked yesterday.) The Maine Morning Star report is here. ~~~

     ~~~ Marie: We learned from Nikki Haley yesterday that the Civil War was about, well, something besides slavery, and the best those of us who went to school in the South could surmise was that that the "something" must have been states' rights. Now, many of the Supremes are more-or-less "Tenthers": that is, fans of the Constitution's Tenth Amendment who believe it severely limits the reach of the federal government. So let's see how they feel about states that have laws permitting, by one means or another, to kick a certain Republican off the ballot. It's well-established that we don't have a true federal elections system; rather, we have 50 state elections systems, each with unique laws and rules governing all elections. BTW, Trump is not the first prominent GOP candidate whom Bellows kicked off this year's GOP primary ballot: she determined that Chris Christie had not met the state's requirement for voter petitions and would not put him on the ballot. A Maine court later upheld her ruling. (Also linked yesterday.) ~~~

     ~~~ Marie: Speaking on MSNBC last night, Bellows suggested people read her decision. So here it is via CNN; it's 34 pages long. And here's the secretary of state's press release, which also links to the decision.

Nicholas Bogel-Burroughs of the New York Times: "Lawsuits seeking to remove Mr. Trump from the ballot were filed in about 30 states, but many have been dismissed; there are active lawsuits in 14 states, according to a database maintained by Lawfare.... Those states are: Alaska, Arizona, Nevada, New Jersey, New Mexico, New York, Oregon, South Carolina, Texas, Vermont, Virginia, West Virginia, Wisconsin and Wyoming. (A judge has dismissed the Arizona suit but the dismissal is being appealed.)... Hours [after Maine's secretary of state released her opinion], the secretary of state in California announced that Mr. Trump would remain on the ballot in the nation's most populous state, where election officials have limited power to remove candidates.

It Was All Biden's Fault. Jonathan Weisman & Jazmine Ulloa of the New York Times: "Nikki Haley ... on Thursday walked back her stumbling answer about the cause of the Civil War, telling a New Hampshire interviewer, 'Of course the Civil War was about slavery.'... But she also insinuated that the question had come not from a Republican voter but from a political detractor, accusing President Biden and Democrats of 'sending plants' to her town-hall events.... Late Wednesday night, even Mr. Biden rebuked [Haley's] answer: 'It was about slavery,' he wrote on social media." Politico's story is here. Related stories linked below; also a video of Haley's not-slavery not-answer to the Biden plant's question. And plenty of commentary in today's thread from people who would not have found the question as tough as Haley complained it was. (Also linked yesterday.) ~~~

     ~~~ The report has been updated. New lede: "Prominent Democratic donors, anxious about the increasingly authoritarian language of Donald J. Trump, have been calling on Democratic voters and independents to thwart the former president's comeback by voting for Nikki Haley in open Republican primary elections. But Ms. Haley's political gaffe on Wednesday night, when the presidential hopeful and former governor of South Carolina stumbled through the causes of the Civil War with no mention of slavery, may make that appeal considerably harder just as she is edging closer to striking distance of Mr. Trump in New Hampshire."

     ~~~ Meryl Kornfield and others of the Washington Post have a report which includes some of Haley's attempts, made later in the day yesterday, at a clean-up. There's this: "Speaking with reporters Thursday afternoon, Haley dismissed her opponents' assertions that she had flip-flopped on the cause of Civil War. She said she didn't mention slavery in her initial response because she thought it was 'a given.' 'If it requires clarification of saying, "Yes, the Civil War was about slavery," I'm happy to do that.'..." MB: You're happy? Like them darkies down on the ole plantation? Good grief. ~~~

     ~~~ Brakkton Booker of Politico: "Republicans of color said on Thursday they were dismayed by Nikki Haley's initial refusal to say that slavery was the cause of the Civil War. It wasn't just an offensive historical omission, they argued, but a tactical blunder too.... Rina Shah, a Republican strategist..., [wrote to Politico:] '... What I do see is her having left out the word "slavery" because she was scared to talk about anything regarding our nation's complicated history. I think by acknowledging slavery she felt she might be alienating' Donald Trump and Ron DeSantis voters....Shermichael Singleton ... [said,] 'She had a chance to be competitive even though she was always likely to lose [the nomination]. However, that's over now. She's toast.'..." ~~~

     ~~~ Marie: What is most confounding about Haley's answer, as well as her past reactions to racist views, is that she certainly has been subject to racist attacks herself. Instead of her own experience making her a resolute defender of racial equality, she seemss more fearful of racists than she is appalled by racism. So she has described symbols of the Confederacy, like the Confederate flag, as emblems of "tradition" and describes the Civil War as a conflict about "freedoms to do what you want" and "government overreach" or something. Haley has learned to get by in life by trying to be all things to all people. That has worked for her in smaller venues than it has in a national political campaign. ~~~

~~~ David Kurtz of TPM: Nikki Haley's "remarks Wednesday evening while campaigning in New Hampshire, which did not secede from the union, were a tacit acknowledgment that the party of Lincoln has settled comfortably into its status as a revanchist minority-white rump Trumpist party." MB: See also the Florida Politics story linked under "Florida" below. As Kurtz writes, the problem ain't just Nikki's. The whole Republican party continues its project to resuscitate the "Lost Cause."~~~

~~~ Marie: South Carolina was the first state to secede from the U.S., and its "Declaration of Immediate Causes which Induce and Justify the Secession of South Carolina from the Federal Union" is an instructive document Haley should have read in school. Here's the crux of the "immediate cause" a Convention of South Carolinians adopted in December 1860. And they weren't not wrong. "The Constitution of the United States, in its fourth Article, provides as follows: 'No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due.'... But an increasing hostility on the part of the non-slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullify the Acts of Congress or render useless any attempt to execute them."

A Major Problem in Electing ANY REPUBLICAN to the Presidency*. Sarah Fortinsky of the Hill: "Florida Gov. Ron DeSantis (R) said in a Thursday interview that, if elected president, he would fire special counsel Jack Smith, who brought two indictments against former President Trump, on 'day one' of his hypothetical term in office.... '... after you win the election, start holding these people accountable, who have weaponized the legal system to go after their political enemies.... And that starts with day one, firing somebody like Jack Smith. That goes to dealing with people who are violating constitutional rights at the state and local government area.'..." MB: Yeah, Ron, you're just as Trumpy as Trump.

** Marshall Cohen, et al., of CNN: "Two days before the January 6 insurrection, the Trump campaign's plan to use fake electors to block President-elect Joe Biden from taking office faced a potentially crippling hiccup: The fake elector certificates from two critical battleground states were stuck in the mail. So, Trump campaign operatives scrambled to fly copies of the phony certificates from Michigan and Wisconsin to the nation's capital, relying on a haphazard chain of couriers, as well as help from two Republicans in Congress, to try to get the documents to then-Vice President Mike Pence while he presided over the Electoral College certification. The operatives even considered chartering a jet to ensure the files reached Washington, DC, in time for the January 6, 2021, proceeding, according to emails and recordings obtained by CNN.... These details largely come from pro-Trump attorney Kenneth Chesebro, who was an architect of the fake electors plot...." Includes audio of Chesebro's testimony. (Also linked yesterday.)

Travis Gettys of the Raw Story: "A full-time employee of the Trump administration appears to have taken part in the Jan. 6 insurrection, according to a new analysis. USA Today reported that Oliver Krvaric, who was working at the time as a 'confidential assistant' for the Office of Personnel Management, can be seen in photos and videos crossing the threshold of the west door of the upper west terrace of the U.S. Capitol immediately ahead of far-right influencer 'Baked Alaska.' 'I was not in the Capitol,' Krvaric told the newspaper. 'I did not go into any offices, I didn't wander the halls. I was not on the premises.'... He stopped responding to [a reporter's] texts when sent a surveillance video appearing to show him inside the building.... A spokesman for the Office of Personnel Management confirmed that Krvaric, who led the College Republicans while at San Diego State University, was employed by the department from November 2020 to January 2021, on a Trump executive order seeking to rid federal agencies of diversity and inclusion training." (Also linked yesterday.)

Edgar Sandoval & Hamed Aleaziz of the New York Times: "The Justice Department on Thursday threatened to sue Texas if it enforced a sweeping new law that would allow the state and local police to arrest migrants who enter the United States from Mexico without authorization, setting up the first significant legal showdown over federal immigration enforcement. Gov. Greg Abbott of Texas signed the measure, known as Senate Bill 4, this month in his most direct challenge yet to the Biden administration's handling of immigration.... In a letter obtained by The New York Times, Brian M. Boynton, an assistant attorney general with the D.O.J., gave Mr. Abbott until next Wednesday to retract his intention to enforce the law, which takes effect in early March. Otherwise, he wrote, 'the Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the operation of S.B. 4.' In the letter, which was addressed to Mr. Abbott, a third-term Republican, and Ken Paxton, the state attorney general, Mr. Boynton cited a 2012 U.S. Supreme Court case, Arizona v. United States, in which the court narrowly decided in favor of the power of the federal government to set immigration policy."

Tony Romm of the Washington Post: "The Biden administration plans to more aggressively pursue thousands of small businesses with past-due pandemic loans, reversing an earlier policy that saw the U.S. government stop short in its efforts to collect an estimated $30 billion in delinquent debt. The new approach, announced Thursday, arrives months after federal watchdogs and congressional lawmakers first blasted the administration for its leniency, warning that the government risked breaking the law -- and exacerbating its losses -- if it didn't try harder to get the money back.... In [an] investigation, the [SBA's inspector general, Hannibal 'Mike' Ware] estimated that there were about $62 billion in past-due EIDL [Economic Injury Disaster Loan] loans worth $100,000 or less as of this March. Earlier, the inspector general found an additional $1.1 billion in unpaid PPP [Paycheck Protection Program] loans that the government had charged off as a loss and never referred to the Treasury Department for collection activities."

Maegan Vazquez of the Washington Post: "A House Ethics panel announced Wednesday that it will investigate whether Rep. Sheila Cherfilus-McCormick (D-Fla.) violated campaign finance laws and failed to file required disclosure forms last year as she ran in a special election for her seat and sought reelection months later." Politico's story is here. (Also linked yesterday.)

Nell Scovell, once a writer on "The Smothers Brothers Comedy Hour," writes a lovely -- and realistic -- eulogy to Tom Smothers in the New York Times. "Tom Smothers came across as lighthearted and simple onstage. In real life, he thought and felt deeply about the creative process and social justice." (Also linked yesterday.) ~~~

     ~~~ Here's video of the Cass Elliot/Tom Smothers sketch Scovell mentions. (Also linked yesterday.)

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Florida. A.G. Gancarski of Florida Politics: "A Senate companion to a House bill designed to protect Confederate monuments was filed Thursday. Sen. Jonathan Martin's SB 1122 would impose penalties on local officials who removed those and other historical monuments after July 1, 2024, mirroring a House companion in key ways, including potential removal from office by the Governor and civil penalties and required restitution for monument restoration from the responsible lawmakers' personal accounts.... Martin's bill, a companion to a similar House bill from Rep. Dean Black, comes after the Republican legislator from Jacksonville watched his hometown remove a monument this week to the Women of the Southland from the city's formerly-named Confederate Park, now Springfield Park.... [A memo by Jacksonville's general counsel] notes regarding Black's bill, that Gov. Ron DeSantis 'cannot implement an unconstitutional statute retroactively to penalize the Mayor from exercising her exclusive executive powers over parks under the consolidated City's unique Charter.'" Thanks to Bobby Lee for the link.

Georgia. Azi Paybarah of the Washington Post: "A federal judge [-- Steve C. Jones --] in Georgia signed off Thursday on congressional districts redrawn this month by the state's Republican-led legislature, ruling that the new map did not continue to illegally dilute the power of Black voters as Democrats and civil rights groups have argued.... The map added a new majority-Black district on Atlanta's west side. But it significantly altered a majority non-White district represented by Rep. Lucy McBath (D-Ga.) in a way that Democrats say is designed to be favorable to Rep. Richard McCormick (R-Ga.).... Georgia lawmakers rejected a plan drawn by Democrats that would have protected McBath's district and combined McCormick's with one already represented by a Republican. At a hearing last week before Jones, Democrats argued that the Republican-passed map did not comply with the judge's original order and did not give Black voters sufficient power." The AP's report is here.

I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ['hard-core pornography'], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it. and the motion picture involved in this case is not that. -- Supreme Court Justice Potter Stewart, concurrence in Jacobellis v. Ohio, which decided that the film at issue constituted protected speech ~~~

~~~ Wisconsin. AP: "Former University of Wisconsin-La Crosse Chancellor Joe Gow said Thursday that the school's governing board fired him because members were uncomfortable with him and his wife producing and appearing in pornographic videos. The Universities of Wisconsin Board of Regents, which oversees UW-Madison, UW-La Crosse and 11 other regional campuses, voted unanimously during a hastily convened closed meeting Wednesday evening to fire Gow. After the vote, Universities of Wisconsin President Jay Rothman and regents President Karen Walsh issued statements saying the regents had learned of specific conduct by Gow that subjected the university to 'significant reputational harm.' Rothman called Gow's actions 'abhorrent' and Walsh said she was 'disgusted.' But neither of them offered any details of the allegations.... 'My wife and I live in a country where we have a First Amendment,' [Gow] said [in reaction to his firing]. 'We're dealing with consensual adult sexuality. The regents are overreacting. They're certainly not adhering to their own commitment to free speech or the First Amendment.'" ~~~

     ~~~ Marie: Since the University of Wisconsin is a state-supported institution, maybe Gow has a case.

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Israel/Palestine. The Washington Post's live updates of developments Friday in the Israel/Hamas war are here: "An estimated 100,000 Palestinians have fled to the crowded southern Gaza city of Rafah in recent days, the U.N. humanitarian agency said. Rafah is one of the only parts of Gaza that is not facing intense ground fighting, according to the agency, though a missile strike Thursday near Rafah's Kuwaiti Hospital killed at least 18 people and wounded dozens, the hospital director said. The Israel Defense Forces on Thursday said an investigation into the killing of three Israeli hostages by IDF soldiers Dec. 15 found the deaths 'could have been prevented.'... The Palestine Red Crescent Society said it is working to establish the first organized camp for displaced Palestinians in the southern city of Khan Younis, where Israeli forces have increased attacks in recent weeks. The camp will include 300 tents at first and eventually expand to 1,000, the group said on social media.... U.S. Secretary of Defense Lloyd Austin and his Israeli counterpart Yoav Gallant on Thursday discussed Israel's efforts in Gaza and 'preparations for the stabilization phase' that will come after 'major combat operations,' a Pentagon readout said. Israeli Prime Minister Benjamin Netanyahu said this week that the war 'isn't close to finished.'"

The Conversation -- December 28, 2023

** Jenna Russell & Ernesto Londoño of the New York Times: "Maine's top election official on Thursday barred Donald J. Trump from the state's primary election ballot ... based on claims that his efforts to remain in power after the 2020 election rendered him ineligible. In a written decision, the official, Secretary of State Shenna Bellows, said that Mr. Trump did not qualify for the ballot because of his role in the Jan. 6 attack on the U.S. Capitol, agreeing with a handful of citizens who claimed that he had incited an insurrection and was thus barred from seeking the presidency again under the 14th Amendment of the Constitution. 'I am mindful that no secretary of state has ever deprived a presidential candidate of ballot access based on Section 3 of the 14th Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection,' Ms. Bellows, a Democrat, wrote.... Maine's decision adds urgency to calls for the U.S. Supreme Court to insert itself into the politically explosive dispute over his eligibility." CNN's story is here. ~~~

     ~~~ Marie: We learned from Nikki Haley yesterday that the Civil War was about, well, something besides slavery, and the best those of us who went to school in the South could surmise was that that the "something" must have been states' rights. Now, many of the Supremes are more-or-less "Tenthers": that is, those who to believe the Constitution's Tenth Amendment severely limits the reach of the federal government. So let's see how they feel about states that have laws permitting, by one means or another, to kick a certain Republican off the ballot. It's well-established that we don't have a true federal elections system; rather, we have 50 state elections systems, each with unique laws and rules governing federal elections. BTW, Trump is not the first prominent GOP candidate whom Bellows kicked off this year's GOP primary ballot: she determined that Chris Christie had not met the state's requirement for voter petitions and would not put him on the ballot. A Maine court later upheld her ruling.

** Marshall Cohen, et al., of CNN: "Two days before the January 6 insurrection, the Trump campaign's plan to use fake electors to block President-elect Joe Biden from taking office faced a potentially crippling hiccup: The fake elector certificates from two critical battleground states were stuck in the mail. So, Trump campaign operatives scrambled to fly copies of the phony certificates from Michigan and Wisconsin to the nation's capital, relying on a haphazard chain of couriers, as well as help from two Republicans in Congress, to try to get the documents to then-Vice President Mike Pence while he presided over the Electoral College certification. The operatives even considered chartering a jet to ensure the files reached Washington, DC, in time for the January 6, 2021, proceeding, according to emails and recordings obtained by CNN.... These details largely come from pro-Trump attorney Kenneth Chesebro, who was an architect of the fake electors plot...." Includes audio of Chesebro's testimony.

Maegan Vazquez of the Washington Post: "A House Ethics panel announced Wednesday that it will investigate whether Rep. Sheila Cherfilus-McCormick (D-Fla.) violated campaign finance laws and failed to file required disclosure forms last year as she ran in a special election for her seat and sought reelection months later." Politico's story is here.

Travis Gettys of the Raw Story: "A full-time employee of the Trump administration appears to have taken part in the Jan. 6 insurrection, according to a new analysis. USA Today reported that Oliver Krvaric, who was working at the time as a 'confidential assistant' for the Office of Personnel Management, can be seen in photos and videos crossing the threshold of the west door of the upper west terrace of the U.S. Capitol immediately ahead of far-right influencer 'Baked Alaska.' 'I was not in the Capitol,' Krvaric told the newspaper. 'I did not go into any offices, I didn't wander the halls. I was not on the premises.'... He stopped responding to [a reporter's] texts when sent a surveillance video appearing to show him inside the building.... A spokesman for the Office of Personnel Management confirmed that Krvaric, who led the College Republicans while at San Diego State University, was employed by the department from November 2020 to January 2021, on a Trump executive order seeking to rid federal agencies of diversity and inclusion training."

It Was All Biden's Fault. Jonathan Weisman & Jazmine Ulloa of the New York Times: "Nikki Haley ... on Thursday walked back her stumbling answer about the cause of the Civil War, telling a New Hampshire interviewer, 'Of course the Civil War was about slavery.'... But she also insinuated that the question had come not from a Republican voter but from a political detractor, accusing President Biden and Democrats of 'sending plants' to her town-hall events.... Late Wednesday night, even Mr. Biden rebuked [Haley's] answer: 'It was about slavery,' he wrote on social media." Politico's story is here. Related stories linked below; also a video of Haley's not-slavery not-answer to the Biden plant's question. And plenty of commentary in today's thread from people who would not have found the question as tough as Haley complained it was. ~~~

~~~ See today's Comments for the raison d'être of this video:

Nell Scovell, once a writer on "The Smothers Brothers Comedy Hour," writes a lovely -- and realistic -- eulogy to Tom Smothers in the New York Times. "Tom Smothers came across as lighthearted and simple onstage. In real life, he thought and felt deeply about the creative process and social justice." ~~~

     ~~~ Here's video of the Cass Elliot/Tom Smothers sketch Scovell mentions.

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Luke Broadwater of the New York Times: "House Republicans said Wednesday they were investigating whether President Biden was involved in his son Hunter Biden's decision to defy a congressional subpoena in their latest attempt to link the White House to accusations against the president's son.... 'In light of an official statement from the White House that President Biden was aware in advance that his son, Hunter Biden, would knowingly defy two congressional subpoenas, we are compelled to examine as part of our impeachment inquiry whether the president engaged in a conspiracy to obstruct a proceeding of Congress,' Mr. Comer and Mr. Jordan wrote in their letter [to White House counsel Ed Siskel]." (Also linked yesterday.) A CBS News story is here.

Alan Feuer of the New York Times: "Federal prosecutors asked a judge on Wednesday to keep ... Donald J. Trump and his lawyers from claiming to the jury in his upcoming election interference trial that the case had been brought against him as a partisan attack by the Biden administration. The move by the prosecutors was designed to keep Mr. Trump from overtly politicizing his trial and from distracting the jury with unfounded political arguments that he has often made on both the campaign trail and in court papers related to the case. Ever since Mr. Trump was charged this summer with plotting to overturn the 2020 election, he and his lawyers have sought to frame the indictment as a retaliatory strike against him by President Biden. Mr. Trump has also placed such claims at the heart of his presidential campaign even though the charges were initially returned by a federal grand jury and are being overseen by an independent special counsel, Jack Smith." (Also linked yesterday.) An NBC News story is here.

Neil Vigdor of the New York Times: "... Donald J. Trump on Tuesday fired off a new attack against Representative Debbie Dingell, the widow of John D. Dingell Jr., the longest-serving member of Congress in American history, calling her a 'loser' and suggesting that she had not been grateful for funeral honors granted by Mr. Trump for her husband. The salvo from Mr. Trump, the Republican front-runner in the 2024 presidential race, followed an appearance by Ms. Dingell, a Democrat from Michigan, on CNN earlier on Tuesday in which she criticized Mr. Trump's increasingly incendiary language on social media.... Ms. Dingell had been reacting to a grievance-filled Christmas message on Truth Social from Mr. Trump. Referring to his political opponents as 'deranged' and 'thugs' and accusing them of trying to destroy the country, he wrote, 'MAY THEY ROT IN HELL. AGAIN, MERRY CHRISTMAS!'" (Also linked yesterday.)~~~

     ~~~ Marie: For every person who has behaved badly in public, for every person who chafes under criticism that s/he is ill-mannered, there is a potential Trump voter, a person who feels vindicated knowing that a person who is even more boorish than s/he can be president*. Trump is indeed their retribution.

Isaac Arnsdorf & Dan Lamothe of the Washington Post: "... Donald Trump incorrectly said a U.S. soldier died in recent days, appearing to exaggerate the injuries from an attack in northern Iraq on Monday as he sought to criticize President Biden. The attack left one U.S. service member in critical condition and two others injured, according to a statement released by U.S. military officials Monday night. The United States responded with retaliatory airstrikes against an Iran-backed armed group.... 'Last night, a young soldier was killed, U.S., and the two were very, very badly hurt and nobody even talks about it,' Trump said, describing the assault two nights prior. 'It's not even believable.' [MB: No, it's not.]... In the interview, Trump falsely claimed that the attacks had gone completely unanswered. 'We don't even do anything about it,' he said."

No Slight Is Too Small to Refute with a Braggadocious Lie. Alex Griffing of Mediaite: "... Donald Trump hit back at 'Home Alone' and 'Home Alone 2' Director Chris Columbus on Wednesday, refuting claims he bullied his way into the film and declaring his cameo is the reason the film was a hit. '30 years ago (how time flies!), Director Chris Columbus, and others, were begging me to make a cameo appearance in Home Alone 2. They rented the Plaza Hotel in New York, which I owned at the time. I was very busy, and didn't want to do it.... I agreed, and the rest is history! That little cameo took off like a rocket, and the movie was a big success, and still is, especially around Christmas time,' Trump wrote on Truth Social...[.] The GOP frontrunner's screed came days after Columbus told Business Insider that Trump pushed his way into the film. 'We paid the fee, but he also said, "The only way you can use the Plaza is if I'm in the movie,"' Columbus said of renting the hotel for the film. 'So we agreed to put him in the movie.'... Notably, the first 'Home Alone' was a massive hit with audiences taking in over $476 million worldwide in 1990 -- without a cameo from Trump."

Presidential Race 2024

Zach Schonfeld of the Hill: "Former President Trump on Wednesday demanded the Maine secretary of state recuse herself from her upcoming decision on the former president's ballot eligibility under the 14th Amendment, citing her past statements about the Jan. 6 Capitol riot.... In response to three petitions challenging Trump's ballot eligibility, Maine Secretary of State Shenna Bellows, a Democrat, is set to issue a decision in the coming days. On Wednesday, Trump's lawyers wrote Bellows a letter demanding she disqualify herself over three tweets she previously issued referencing Jan. 6, including those in which she described the attack as an insurrection."

Julie Bosman, et al., of the New York Times: "The Michigan Supreme Court on Wednesday gave Donald J. Trump an important victory in the legal battle over his eligibility to return to the White House by allowing the former president to appear on the state's primary ballot in February. But in a narrow ruling, the court left the door open for a new challenge to bar Mr. Trump from the general election ballot in the key battleground state over his attempts to overturn the 2020 election. The decision was the latest in the high-stakes efforts to block Mr. Trump from returning to power." (Also linked yesterday.) ~~~

     ~~~ Marie: Several teevee commentators have noted that in Michigan, the political parties choose the candidates on their slates, and the parties are not required to put forward candidates who meet the qualifications for the offices they seek. Ron Fein, the legal director for the group that filed the suit told the Times, "The Michigan Supreme Court did not rule out that the question of Donald Trump's disqualification for engaging in insurrection against the U.S. Constitution may be resolved at a later stage."

Adam Liptak of the New York Times: "The Colorado Republican Party said it had asked the U.S. Supreme Court on Wednesday to hear an appeal of the bombshell decision from the Colorado Supreme Court ordering ... Donald J. Trump's removal from the state's primary ballot. The state court ruled that he was ineligible to hold office because he had engaged in insurrection. The justices are likely to agree to hear the case, given the importance of the question it presents and the need for a nationwide answer to it." CNN's story is here.

Another GOP candidate who should be deemed ineligible to be president of anything more important than the Daughters of the Confederacy ~~~

~~~ Jazmine Ulloa of the New York Times: "Nikki Haley..., who for years has wrestled with how to approach issues of race, slavery and the Confederacy, found herself again confronted with those subjects at a town hall event on Wednesday in New Hampshire.... Her answer to a simple yet loaded question by an audience member in the city of Berlin -- 'What was the cause of the United States Civil War?' -- showed just how much she continues to struggle with such topics. 'I mean, I think it always comes down to the role of government and what the rights of the people are,' she said eventually, arguing that government should not tell people how to live their lives or 'what you can and can't do.... I will always stand by the fact that I think government was intended to secure the rights and freedoms of the people,' she said. 'It was never meant to be all things to all people.'... Ms. Haley, who governed a state at the heart of the Confederacy, has a particularly complicated record on issues of race." Politico's story is here. See also NiskyGuy's comment on an unrelated Haley ad at the end of yesterday's thread, and my response at the top of today's. ~~~

Michael Grynbaum & Ryan Mac of the New York Times: "The New York Times sued OpenAI and Microsoft for copyright infringement on Wednesday.... The Times is the first major American media organization to sue the companies, the creators of ChatGPT and other popular A.I. platforms, over copyright issues associated with its written works. The lawsuit, filed in Federal District Court in Manhattan, contends that millions of articles published by The Times were used to train automated chatbots that now compete with the news outlet as a source of reliable information. The suit ... says the defendants should be held responsible for 'billions of dollars in statutory and actual damages' related to the 'unlawful copying and use of The Times's uniquely valuable works.' It also calls for the companies to destroy any chatbot models and training data that use copyrighted material from The Times." CNN's story is here.

Robert McFadden of the New York Times: "Herbert H. Kohl, a Wisconsin Democrat who kept watch over federal budgets in four terms as a United States senator, but as the die-hard owner of the National Basketball Association's often mediocre Milwaukee Bucks spent lavishly to keep the team afloat in his hometown, died on Wednesday afternoon at his home in Milwaukee. He was 88.... Herbert and his three siblings were born and raised in [Milwaukee], scions of a family that in one generation had built an empire of Kohl's stores across the Upper Midwest." The AP's obituary is here.

** William Grimes of the New York Times: "Tom Smothers, the older half of the comic folk duo the Smothers Brothers, whose skits and songs on 'The Smothers Brothers Comedy Hour' in the late 1960s brought political satire and a spirit of youthful irreverence to network television, paving the way for shows like 'Saturday Night Live' and 'The Daily Show,' died on Tuesday at his home in Santa Rosa, Calif., a city in Sonoma County. He was 86." The Hollywood Reporter's obituary is here. Thanks to RAS for the lead. Read Tommy's obituary for what the CBS suits did to smother the Smothers brothers. Much of this Tommy & Dickie made public contemporaneous to the suits' censor pencils. (Also linked yesterday.) ~~~

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Colorado Congressional Races. Chris Cameron of the New York Times: "Representative Lauren Boebert, a far-right House Republican, announced on Wednesday that she would run in a more conservative district in Colorado -- seeking to increase her chances after a strong primary challenger emerged in her district. The move -- from the Third Congressional District to the Fourth -- will thrust Ms. Boebert into a crowded primary to replace Representative Ken Buck, a conservative who is not seeking re-election.... A primary challenger has since emerged with significant backers among prominent former Republican officials in the state. Jeff Hurd, a 44-year-old lawyer from Grand Junction, has been endorsed by former Gov. Bill Owens and former Senator Hank Brown.... Ms. Boebert barely won re-election that year, pulling ahead of her Democratic opponent, Adam Frisch, with roughly 500 votes.Mr. Frisch, who is running again in the Third District....: A Colorado Public Radio report is here.

Florida. Yan Zhuang of the New York Times: "A Confederate monument was taken down in Jacksonville, Fla., on Wednesday, after an order by the city's mayor ended years of debate, as officials around the United States reckon with memorials on public property that commemorate the Confederacy. Donna Deegan, the Democratic mayor of Jacksonville, ordered the removal of two statues that were part of the 'Tribute to the Women of the Southern Confederacy' monument in Springfield Park. In the early hours of Wednesday morning a crowd watched a construction crew use a crane to remove one statue, depicting a woman in robes carrying a Confederate flag, from the roof of the gazebo that housed the monument. A second statue, depicting a woman reading to two children, was then taken off a pedestal inside the gazebo. The removal was livestreamed on social media. Ms. Deegan said in a statement on Wednesday that the monument had been erected as part of a campaign to promote discriminatory Jim Crow laws and intimidate Black people." Thanks to Bobby Lee for the lead. ~~~

     ~~~ Marie: The story does not address what will happen to the statue. Maybe send it to nearby South Carolina so Nikki Haley can put it in her front yard.

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Israel/Palestine. The Washington Post's live updates of developments Thursday in the Israel/Hamas war are here: "Israel said it was expanding combat operations in Gaza Strip refugee camps Wednesday. A hospital director said the toll from a strike on a residential block in central Gaza's Maghazi camp had risen to 80. Tit-for-tat strikes along the Israel-Lebanon border continue to escalate regional tensions: This week, Hezbollah has launched scores of rockets and drones into Israel, including at a Greek Orthodox church, wounding two Israeli Christians.... At the White House, Secretary of State Antony Blinken and President Biden's national security adviser, Jake Sullivan, held talks with Ron Dermer, a senior adviser to Israeli Prime Minister Benjamin Netanyahu, about 'the transition to a different phase of the war to maximize focus on high-value Hamas targets' as well as 'governance and security in Gaza' after the war, an official said." ~~~

     ~~~ The New York Times' live updates for Thursday are here. CNN's live updates are here.