The Conversation -- August 12, 2023
All the AG's Special Counsels. Herein are linked stories about three -- count 'em, three -- special counsels. Hunter Biden should be proud, I guess. As far as I can tell, he is the only private citizen to get his very own special counsel; all the other special counsels have been appointed to investigate some form of public corruption or wrongdoing.
Perry Stein & David Nakamura of the Washington Post: "Attorney General Merrick Garland on Friday appointed U.S. Attorney David Weiss of Delaware as special counsel in the ongoing investigation into Hunter Biden's tax case, a move that appeared aimed at rebutting Republican criticism that the process had been politicized. Garland made the surprise announcement during a midday news conference.... The appointment of Weiss, an appointee of former president Donald Trump who began the investigation of President Biden's son in 2018 and has continued to lead the prosecution under Garland, would give him broad authority and, presumably, distance the attorney general from some key decisions in the case. Justice officials said Weiss requested to be named as special counsel on Tuesday, and Garland agreed. Weiss will hold this position while he continues to serve as U.S. attorney in Delaware, Garland said." The NBC News story is here. (Also linked yesterday.) ~~~
~~~ Glenn Thrush, et al., of the New York Times: "The move raised the possibility that [Hunter] Biden could be tried in the politically charged case, which seemed resolved until a few weeks ago.... Prosecutors for [David] Weiss's office also filed court papers on Friday indicating that they had reached an impasse with Mr. Biden's lawyers over the proposed plea deal, suggesting that he might now be indicted. Up until a few days ago, the two sides had still been hoping to salvage the deal, but that effort snagged on Mr. Biden's demand for blanket immunity from future prosecution." ~~~
~~~ Andrew Goudsward of Reuters: "... Hunter Biden may be headed for a criminal trial, U.S. Special Counsel David Weiss said shortly after promotion into that role on Friday, in a sign that courtroom drama could play an outsized role in the 2024 presidential election." ~~~
~~~ Marie: Appointing a special counsel seems excessive to me, but reasonable, given House Republicans' demands for the appointment of a special counsel, their cries of "conspiracy!" and their Keystone Cops-style "investigations" of Everything Hunter. Let's see how well it worked: ~~~
~~~ From the New York Times liveblog in developments of the Hunter Biden case: "Representative James Comer, the oversight committee chairman in the House..., sees the appointment of a special counsel as a way to protect the president's son. 'This move by Attorney General Garland is part of the Justice Department's efforts to attempt a Biden family coverup,' he said in a statement." (Also linked yesterday.) ~~~
~~~ Scott Wong & Kate Santaliz of NBC News: "House Judiciary Committee Chairman Jim Jordan, R-Ohio, had previously called on Garland to name a special counsel in the case. But on Friday, Jordan's team also took aim at [David] Weiss, who was nominated by ... Donald Trump to serve as U.S. attorney in Delaware and stayed on under President Joe Biden.... 'David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption,' said Jordan spokesman Russell Dye." MB: In case it never dawned on you (ha ha) that nothing will satisfy, here's the proof: (1) Jordan whines that Garland must appoint special counsel; (2) Garland appoints special counsel nominated by Donald Trump; (3) Jordan whines that Trump-nominated, Garland-appointed special counsel cannot be trusted. (Also linked yesterday.)
Monica Alba & Carol Lee of NBC News: "Attorneys for President Joe Biden and the special counsel appointed to investigate his handling of classified documents have been negotiating for about a month over the terms under which he would be interviewed, two people familiar with the matter said. Discussions between Biden's lawyers and special counsel Robert Hur's office are focused on how, when and where the interview might take place, as well as the scope of the questions, these people said. They stressed that the negotiations are ongoing and that no agreement has been reached." (Also linked yesterday.)
Trump Crime Blotter
I see the possibility for a lot of problems here. -- Judge Tanya Chutkan, on Donald Trump's potential of intimidating witnesses & influencing jurors ~~~
~~~ Glenn Thrush & Alan Feuer of the New York Times: "The federal judge overseeing ... Donald J. Trump's prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses -- and warned Mr. Trump she would take necessary 'measures' to keep him from intimidating witnesses or tainting potential jurors. The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump's case, a typically routine step in criminal matters. Judge Chutkan said she planned to impose the order but agreed to a modification requested by the Trump legal team that it apply only to 'sensitive' materials and not all evidence turned over to the defense.
"She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, 'If you go after me, I'm coming after you!' -- a statement his spokesman later said was aimed at political opponents and not at people involved in the case. 'I do want to issue a general word of caution -- I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,' she said, could be considered an attempt to 'intimidate witnesses or prejudice potential jurors,' triggering the court to take action.... Judge Chutkan ... made it clear -- within minutes of ascending the bench -- that she intended to view Mr. Trump primarily as a defendant rather than a political figure, and suggested she sided with the government's push for a speedy trial.... The judge described Mr. Trump's candidacy as 'a day job,' like [any other] defendant." The CBS News report is here. Politico's story is here. (Also linked yesterday.) ~~~
~~~ She Was Not Amused. Brad Reed of the Raw Story: "The Independent's Andrew Feinberg reports that [Judge Tanya] Chutkan repeatedly emphasized to Trump lawyer John Lauro that 'the existence of a political campaign is not going to have any bearing on my decision.'... According to Feinberg, Lauro brought up the 2024 campaign multiple times on Friday's hearing to determine whether Trump will be hit with a protective order on what information he can share publicly ahead of his trial. 'Judge not amused,' commented Feinberg." ~~~
~~~ A copy of the protective order, via NBC News, is here. (Also linked yesterday.) ~~~
~~~ Marie: It took less than 24 hours for Trump to defy a magistrate judge's order that imposed restrictions on him. Let's see how long it takes him to try a stunt to cross Chutkan.
Amy Wang & Patrick Marley of the Washington Post: "Michigan state Rep. Matt Maddock (R) warned supporters at a recent fundraiser at his home that a 'civil war' would break out or that people would get shot if the government continued to target conservatives, according to audio of the event obtained by the Messenger, which first reported the remarks. Maddock, whose wife was one of 16 'fake electors' charged with felony crimes in Michigan last month..., [made the remarks at a] 'Free The 16 Electors Poolside Party!' -- was held at the Maddocks' home to raise legal defense funds for the fake electors, according to a copy of the invitation.... 'Someone's going to get so pissed off, they're going to shoot someone,' Maddock [said], according to the recording.... [Matt] Maddock compared prosecuting Trump electors to Nazis' attempts to subdue Jewish people before leading them into gas chambers during the Holocaust.... You are going to shut the eff up and you are going to walk into that gas chamber. That's what they want, because that's what's coming for us.'" ~~~
~~~ Marie: I've got news for these posh-looking, pink-hued, whiney rebels without a clue: (allegedly!) making false claims in an effort to overturn a presidential election, then facing prosecution & possible jail time for committing the crime, is not even minimally equivalent to being abused, starved, tortured & murdered because of your religion or ethnicity. The gall of these entitled leeches holding a pool party-fundraiser to compare themselves to Holocaust victims is beyond the pale.
A Warning for the Trumpster. David Yaffe-Bellany & Matthew Goldstein of the New York Times: "Sam Bankman-Fried, the founder of the collapsed cryptocurrency exchange FTX, was sent to jail on Friday after a federal judge in New York revoked his bail, accusing him of trying to influence witnesses who are poised to testify against him at a widely anticipated trial in less than two months. Mr. Bankman-Fried, 31, had been under house arrest at his parents' home in Palo Alto, Calif., since he was arrested in December on fraud charges stemming from FTX's implosion. But at a hearing on Friday, Judge Lewis A. Kaplan of Federal District Court in Manhattan said that arrangement would have to end, after prosecutors argued that Mr. Bankman-Fried had twice tried to interfere with witnesses in the case, including by giving documents to reporters." The AP story is here.
Presidential Race 2024
Candidate for American Dictator Bars Press from Campaign Event. Ty Rushing of the Starting Line: "Gov. Ron DeSantis' campaign team today contacted law enforcement in an attempt to prohibit Iowa Starting Line reporters from covering his campaign in the Hawkeye State, according to Shelby County Sheriff's deputies. Two reporters -- including Starting Line's Chief Political Correspondent Ty Rushing -- were greeted by multiple sheriff's deputies at the entrance of the American Legion in Harlan on Friday afternoon, where DeSantis was making his second campaign stop of the day.... No other media outlets were excluded from the event. After speaking to a crowd inside, DeSantis answered questions from other reporters on the front lawn, where Starting Line was also prohibited from participating. Deputies stood guard on the sidewalk throughout the event." ~~~
~~~ Marie: Gosh, maybe I've figured out why DeSantis prohibited Rushing from his event. In video Rushing posted, he appears to be Black. It's an anti-woke thang. As Judge Chutkan said Friday morning, Freedom of the press is not absolute. And for DeSantolini, it's absolutely not for Black reporters. ~~~
~~~ By Contrast, These Two Nice White Ladies Got to Curtail a DeSantis Event Friday. Natalie Allison of Politico: "Chanting 'Ron DeFascist' and 'pudding fingers' on a megaphone while ringing cowbells, two protesters effectively cut short the Florida governor's first campaign stop of the day at a large roadside rock painted for war veterans.... At the DeSantis event, Kara Ryan of Des Moines said she and her aunt, Heather Ryan, were there on behalf of a political action committee called 'Bitches Get Stuff Done,' that supports abortion rights." MB: Have to admit this demonstration is kinda crass, but nothing in the league of the damage Ron has done. Also, interesting to note that it takes only two bitches to heckling the stuffing out of Gov. Mouseturd; a more skilled politician would know how to get the hecklers to STFU. (Also linked yesterday.) MB: I suppose freedom of white assembly still stands. For now.
Illinois. Nadine El-Bawab of ABC News: "The Illinois State Supreme Court found a strict assault weapons ban passed after the Highland Park shooting to be constitutional in a ruling issued Friday. The ruling came in response to a lawsuit that claimed that the ban violated the equal protections clause of the 14th Amendment to the U.S. Constitution. The court reversed a lower court finding and said that the law does not violate the equal protections clause. However, the Supreme Court did not comment on claims that the law also violated the Second Amendment."
Texas. Gideon Rubin of the Raw Story: "Former Donald Trump physician and current Rep. Ronny Jackson (R-Texas) threatened a state trooper amid an altercation with authorities at a rodeo last month, The Dallas Morning News reports, citing a sheriff's incident report. Jackson threatened to beat the state trooper and 'bury' a West Texas sheriff in the next election after deputies pushed him to the ground and handcuffed him in the July 29 incident, authorities said according to the report.... Jackson previously said he was trying to help a teenager experiencing a seizure at the time of the incident.... But Carson County Sheriff Tam Terry's report ... [described] the retired rear admiral as being confrontational and uncooperative during the incident. Deputies asked Jackson to step back at least four times before detaining him so emergency responders could render aid to the girl, the report said. Chief Deputy Sheriff JC Blackburn said Jackson continued 'screaming profanity about the trooper' even after being released from handcuffs...." ~~~
~~~ Marie: On paper, Rep. Ronny is about as solid a citizen as you'll find: a doctor to presidents, a Congressman, a former Navy flag officer. However, given his pattern of bad behavior, one is inclined to suspect that Rep. Ronny was just angry that the troopers & paramedics had prevented him from getting his picture in the paper as a local hero who had saved a damsel in distress.
News Lede
Washington Post: "Nearly 72 hours after flames began to race through this historic Maui town, killing at least 67 people, the magnitude of the tragedy remained unclear Friday amid spotty communication and few official updates. Hundreds of people remained unaccounted for, and rumors swirled about the death toll and the cause of the wildfires, the worst in Hawaii's history. Frustration with the government response deepened as the state emergency services agency confirmed that it had not activated warning sirens as the fire advanced, though it said alerts were sent via mobile phones, television and other channels."