December 6, 2022
Afternoon Update:
** Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Ben Protess, et al., of the New York Times: "Donald J. Trump's family real estate business was convicted on Tuesday of tax fraud and other financial crimes, a remarkable rebuke of the former president's company and what prosecutors described as its 'culture of fraud and deception.' The conviction on all 17 counts, after more than a day of jury deliberations in State Supreme Court in Manhattan, resulted from a long-running scheme in which the Trump Organization doled out off-the-books luxury perks to some executives: They received fancy apartments, leased Mercedes-Benzes, even private school tuition for relatives, none of which they paid taxes on.... While prosecutors stopped short of indicting the former president, they invoked his name throughout the monthlong trial, telling jurors that he personally paid for some of the perks and even approved a crucial aspect of the scheme." This is the top, pinned story in a liveblog. Law & Crime's story is here. ~~~
~~~ Update. The Washington Post's story is here.
Amy Gardner, et al., of the Washington Post: "Special counsel Jack Smith has sent grand-jury subpoenas to local officials in Arizona, Michigan and Wisconsin -- three states that were central to ... Donald Trump's failed plan to stay in power following the 2020 election -- seeking any and all communications with Trump, his campaign and a long list of aides and allies. The requests for records arrived in Dane County, Wis.; Maricopa County, Ariz.; and Wayne County, Mich., late last week, and in Milwaukee on Monday, officials said. They are among the first known subpoenas issued since Smith was named last month by Attorney General Merrick Garland to oversee the Jan. 6 Capitol attack case as well as the criminal probe of Trump's possible mishandling of classified documents at his Florida home. The subpoenas, at least three of which are dated Nov. 22, indicates that the Justice Department is extending its examination of the circumstances leading up to the Capitol attack to include local election officials and their potential interactions with the former president and his representatives." The AP's report is here.
Alexander Bolton of the Hill: "Senate Minority Leader Mitch McConnell (R-Ky.) on Tuesday said anyone who suggests the Constitution could be suspended 'would have a very hard time being sworn in as president of the United States.' McConnell's comments appeared directed squarely at former President Trump, who recently called for the termination of parts of the Constitution.... 'What I'm saying is that it would be pretty hard to be sworn in to the presidency if you're not willing to uphold the Constitution,' McConnell added when asked if he would support Trump if he were the Republican nominee for president in 2024."
Mary Jalonick, et al., of the AP: "Law enforcement officers who defended the U.S. Capitol on Jan. 6, 2021 were honored Tuesday with Congressional Gold Medals nearly two years after they fought supporters of ... Donald Trump in a brutal and bloody attack. House Speaker Nancy Pelosi praised the 'heroes' as she opened the ceremony in the the stately Capitol Rotunda, which was overrun that day when Trump supporters roamed the halls trying to stop Congress from certifying Joe Biden's election." ~~~
~~~ Mychael Schnell of the Hill: "In a moment that drew widespread attention, family members of former Capitol Police Office Brian Sicknick -- who died one day after the Capitol attack from natural causes following multiple strokes -- snubbed House Minority Leader Kevin McCarthy <(R-Calif.) and Senate Minority Leader Mitch McConnell (R-Ky.) during the ceremony, declining to shake their hands after the medals were presented. The family members were captured on camera shaking hands with Senate Majority Leader Charles Schumer (D-N.Y.), but when they got to McConnell and McCarthy, they continued walking. McConnell's hand was extended during the interaction. 'It's self-explanatory,' Ken Sicknick, the officer's brother, told reporters following the ceremony. 'They came out right away and condemned what happened on Jan. 6. And whatever hold that Trump has on them, they've backstepped, they've danced, they won't admit to wrongdoing.'"
Luke Broadwater of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol will issue criminal referrals to the Justice Department based on its inquiry, the panel's chairman said on Tuesday. Representative Bennie Thompson of Mississippi, the Democratic chairman of the committee, told reporters on Capitol Hill that the panel had agreed to take the step, but had not agreed on who would be the subject of the referrals. A subcommittee of four lawyers on the committee -- Representatives Liz Cheney, Republican of Wyoming; Jamie Raskin, Democrat of Maryland; Zoe Lofgren, Democrat of California; and Adam B. Schiff, Democrat of California -- has studied whether to issue criminal referrals to the Justice Department for ... Donald J. Trump and some of his top allies. The group made its recommendations privately on Friday. Among the potential charges they have considered are conspiracy to defraud the United States and obstruction of an official proceeding of Congress."
Colorado. Karin Bruilliard & Emily Wax-Thibodeaux of the Washington Post: "Anderson Lee Aldrich, who is accused of fatally shooting five people and wounding 17 others at a Colorado Springs night club last month, was formally charged with 305 counts of murder, hate crimes and assault Tuesday. Aldrich, who appeared in court, allegedly entered the club shortly before midnight armed with a pistol and an assault-style rifle and began firing. Then attack ended when other patrons subdued the assailant, authorities say. Aldrich did not speak at Tuesday's hearing." The AP's report is here.
Argentina. Almudena Calatrava of the AP: "Argentine Vice President Cristina Fernández de Kirchner was convicted and sentenced Tuesday to 6 years in prison and a lifetime ban from holding public office for a fraud scheme that embezzled $1 billion through public works projects during her presidency. A three-judge panel found the Peronist leader guilty of fraud, but rejected a charge of running a criminal organization, for which the sentence could have been 12 years in prison. It's the first time an Argentine vice president has been convicted of a crime while in office. The sentence isn't firm until appeals are decided, a process that could take years. She'll remains immune from arrest meanwhile, as long as she can keep getting elected."
It's election day today in Georgia's runoff for U.S. senator. ~~~
~~~ Brittany Gibson & Natalie Allison of Politico: "In a brief interview with Politico on Saturday, [Herschel] Walker seemed to mistake which chamber of Congress he was running for and also appeared to think the outcome of his race would determine control of the Senate. 'They're not [less motivated] because they know right now that the House will be even so they don't want to understand what is happening right now,' he said of voters. 'You get the House, you get the committees. You get all the committees even, they just stall things within there. So if we keep a check on Joe Biden, we just going to keep a check on him.'" Thanks to Forrest M. for the lead. ~~~
~~~ Marie: I suspect the reporters are giving Walker too much credit. I doubt he realizes the U.S. Congress has two houses. He probably thinks "House" is another word for "Senate." That's not surprising; in fact, it's less confusing that the fact that "Congress" may refer to the House or to both houses or that senators are indeed also our "representatives." This doesn't make Walker much dumber than the majority of Americans, who can't name the three branches of government.
~~~~~~~~~~
Eugene Scott of the Washington Post: “Paul Pelosi, the husband of House Speaker Nancy Pelosi (D-Calif.), made his first public appearance Sunday, at the Kennedy Center Honors, since being violently attacked at the couple's San Francisco home in October. The 82-year-old business executive was welcomed with a thunderous standing ovation as he accompanied his wife to the storied event in the Kennedy Center's Opera House." (Also linked yesterday afternoon.)
Are You Going to Believe Me ... or Me? Olivia Olander of Politico: "... Donald Trump on Monday denied he wanted to '"terminate" the Constitution,' two days after suggesting 'the termination of all rules ... even those found in the Constitution.' 'The Fake News is actually trying to convince the American People that I said I wanted to 'terminate' the Constitution. This is simply more DISINFORMATION & LIES,' Trump said on Monday on his own social media platform, Truth Social. The post seemed to be a complete denial of his post from Saturday, which remained online as of Monday afternoon...." MB: The man is completely insane. (Also linked yesterday afternoon.)
Maya Yang of the Guardian: "Donald Trump failed to disclose a $19.8m loan from a company with historical ties to North Korea, while he was the US president, according to a new report. Documents obtained by the New York attorney general, and reported by Forbes, on Sunday indicate a previously unreported loan owed by Trump to Daewoo, the South Korean conglomerate. Daewoo was the only South Korean company allowed to operate a business in North Korea during the mid-1990s.... According to documents reviewed by Forbes, the $19.8m balance remained the same from 2011 to 2016. Five months into Trump's presidency, the balance dropped to $4.3m, according to paperwork that showcased Trump's finances as of 30 June 2017. Soon after, 'Daewoo was bought out of its position on July 5, 2017,' the documents said, without disclosing who satisfied the debt.... Under disclosure laws, Trump was required to submit the documents to federal officials during his presidential campaign and after he became president. In 2016, Trump's chief financial officer, Allen Weisselberg, said that Trump had disclosed all debts related to companies that Trump had a 100% stake in." ~~~
~~~ Marie: Gosh, could this help explain Trump's peculiar fondness for Li'l Kim?
Summer Concepcion of NBC News: "The jury began deliberations Monday in the tax fraud trial of the Trump Organization, which is accused of a sweeping, 15-year scheme to compensate top executives of ... Donald Trump's company off the books."
Jonah Bromwich of the New York Times: "The Manhattan district attorney, Alvin L. Bragg, is hiring a former senior Justice Department official with a history of taking on Donald J. Trump and his family business as the office seeks to ramp up its investigation into the former president. The official, Matthew Colangelo, who before he became a top official at the Justice Department led the New York attorney general's civil inquiry into Mr. Trump, is likely to become one of the leaders of the district attorney's criminal inquiry into the former president. The hire marks the latest turn in a long-running investigation that has proceeded in fits and starts in recent years." (Also linked yesterday afternoon.)
Devlin Barrett, et al., of the Washington Post: "... Donald Trump's political action committee is paying legal bills for some key witnesses involved in the Justice Department investigation into whether Trump mishandled classified documents, obstructed the investigation or destroyed government records, according to people familiar with the matter. The witnesses include Kash Patel, who has testified in front of the grand jury and is key to Trump's defense, along with Walt Nauta, a potentially critical prosecution witness, according to these people, who like others interviewed spoke on the condition of anonymity to discuss an ongoing criminal probe. Nauta, a Trump valet, has told FBI agents he was instructed by the former president to move boxes at Mar-a-Lago, even as government investigators were trying to recover classified documents at that private club and residence.... [A] lawyer not involved in the case ... said [the pay arrangement] could encourage witnesses to not cooperate."
Tierney Sneed of CNN: "Facing possible professional sanctions, Rudy Giuliani described on Monday the Trump campaign's legal strategy for challenging the 2020 election results and how the former New York mayor had hoped to frame up an eventual case for the US Supreme Court. Giuliani is outlining his involvement in orchestrating the post-election legal strategy for ... Donald Trump's 2020 campaign as he testifies off in attorney disciplinary proceedings that the DC Bar has brought against him. Giuliani said that he had planned to consolidate an infamous Trump campaign lawsuit he brought seeking to throw out hundreds of thousands of 2020 votes in Pennsylvania with similar legal actions in other states to serve as a case that would go before the Supreme Court." (Also linked yesterday afternoon.)
The GOP Has the Best Politicians. Rubio's Former Roomie Arrested & Charged. Joshua Goodman & Terry Spencer of the AP: "A former Miami congressman who signed a $50 million consulting contract with Venezuela's socialist government was arrested Monday on charges of money laundering and representing a foreign government without registering. David Rivera, a Republican who served from 2011 to 2013, was arrested at Atlanta's airport, said Marlene Rodriguez, a spokesperson for the U.S. Attorney's Office in Miami. The eight-count indictment alleges he was part of a conspiracy to lobby on behalf of Venezuela to improve U.S.-Venezuela relations, resolve an oil company legal dispute and end U.S. economic sanctions against the South American nation -- without registering as a foreign agent.... Before being elected to Congress, Rivera was a high-ranking Florida legislator, serving from 2003 to 2010 in the House. During that time he shared a Tallahassee home with current U.S. Sen. Marco Rubio...."
** Only Straight White Christians Need Apply. Adam Liptak of the New York Times: "The Supreme Court's conservative majority seemed prepared on Monday to rule that a graphic designer in Colorado has a First Amendment right to refuse to create websites celebrating same-sex weddings based on her Christian faith despite a state law that forbids discrimination based on sexual orientation. But several justices leaning in that direction appeared to be searching for limiting principles so as not to upend all sorts of anti-discrimination laws." (Also linked yesterday afternoon.) ~~~
~~~ Marie: So if you're a white Christian nationalist, you don't have to design Websites for, say, Jewish couples or for interracial couples or for immigrant couples??? This is a nonsensical case in which there is no aggrieved party; the plaintiff -- a Colorado Website designer -- has never been asked to design a site for a scary gay couple. ~~~
~~~ Nasty, Cruel "Justice" Thinks It's a Laughing Matter. Summer Concepcion of NBC News: "Justice Samuel Alito joked about Black Santa, children in Klan robes and dating websites as the Supreme Court heard arguments Monday in a case weighing a web designer's bid to avoid working on same-sex weddings because she is a conservative evangelical Christian." MB: Not surprisingly, Alito's "jokes" are not even remotely funny. (Also linked yesterday afternoon.) If I were Justice Kagan, I'd bring a sexual harassment complaint against Insufferable Sam. The New York Times story is here.
Devan Cole of CNN: "Disgraced attorney Michael Avenatti was sentenced Monday to 14 years in prison and ordered to pay nearly $11 million in restitution for embezzling millions of dollars from four of his clients and obstruction. Avenatti pleaded guilty earlier this year to four counts of wire fraud for each client he stole from and one count of endeavoring to obstruct the administration of the Internal Revenue Code. Prosecutors said he obstructed the IRS' effort to collect $5 million in unpaid payroll taxes for Tully's Coffee. The sentence handed down by federal district Judge James Selna will begin after Avenatti completes a five-year prison term he's currently serving after being convicted in two separate trials in New York." (Also linked yesterday afternoon.)
Jeremy Barr & Rachel Weiner of the Washington Post: "Rupert Murdoch, the 91-year-old chairman of Fox News parent company Fox Corp, will be forced to answer questions under oath next week about his network's coverage of the 2020 presidential election. Murdoch will be deposed on the mornings of Dec. 13 and Dec. 14 as part of election technology company Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News according to a filing in Delaware's Superior Court. The lawsuit alleges that the network purposely aired false claims about Dominion's role in the 2020 presidential election to boost ratings and fight off competition from more-conservative-leaning television networks." CNN's story is here.
Beyond the Beltway
Arizona. Alexandra Berzon of the New York Times: "Arizona's top officials signed papers to certify the results of the state's midterm election on Monday, completing a normally routine task that had become troubled in a state where Republican activists and candidates have claimed without evidence that the election results were irredeemably marred by widespread problems. Two heavily Republican counties in Arizona initially delayed certifying their results but ultimately did so. In one case, in Cochise County, certification came only under order from a judge. Finally, at an event on Monday that was closed to the public but broadcast live, the secretary of state, Katie Hobbs, a Democrat who won this year's race for governor, signed documents to certify the results in all 15 counties. Also signing the certifications were Gov. Doug Ducey and Arizona's attorney general, Mark Brnovich, both Republicans, along with Robert Brutinel, the chief justice of the State Supreme Court.... Ms. Hobbs's opponent for governor, Kari Lake, who lost by more than 17,000 votes..., and her allies have vowed to continue fighting the outcome, sowing doubts about the results with public statements and social media posts." (Also linked yesterday afternoon.)
Georgia Election Fraud! The GOP Has the Best Candidates. Tom Boggioni of the Raw Story: "According to a report from the Atlanta Journal-Constitution, a Georgia conservative talk show host has been accused by the state of voting illegally nine times while he was still serving out a felony conviction for forgery and theft in Pennsylvania. Brian K. Pritchard, a prominent conservative voice in North Georgia, is currently running for an open seat in the state legislature where he hopes to face the widow of former Speaker David Ralston who died last month. However, his campaign is now faced by accusations from the Georgia attorney general's office stating Pritchard broke state law each time he voted before his sentence was completed.... Pritchard ... has used his platform to complain about election fraud...."
Texas. Acacia Coronado of the AP: "Texas' top elections official resigned Monday after an intense year of trying to reassure election skeptics, navigating the rocky launch of new voting laws that resulted in thousands of discarded mail ballots and overseeing a limited audit of the 2020 election. Secretary of State John Scott, who was appointed by Republican Gov. Greg Abbott, came under immediate scrutiny from the moment he took the job in October 2021. He was briefly part of ... Donald Trump's legal team that challenged the results of the 2020 election but said upon taking the job in Texas that he did not dispute that President Joe Biden was the winner."
Way Beyond
Ukraine, et al.
The New York Times' live updates of developments Tuesday in Russia's war on Ukraine are here. The Washington Post's live briefings for Tuesday are here. The Guardian's live updates for Tuesday are here. The Guardian's summary report is here.
Andrew Kramer, et al., of the New York Times: "Ukraine executed its most brazen attack into Russian territory in the nine-month-old war on Monday, targeting two military bases hundreds of miles inside the country using drones, according to the Russian defense ministry and a senior Ukrainian official. The drones were launched from Ukrainian territory, and at least one of the strikes was made with the help of special forces close to the base who helped guide the drones to the target, said the official, speaking on condition of anonymity to convey sensitive information. The strikes signaled a new willingness by Kyiv to take the fight to bases in the heart of Russia, raising the stakes in the war, and demonstrated an improved ability to attack at a distance. Shortly after the attacks on the bases, Russia sent a barrage of missiles streaking toward Ukrainian cities." An AP story is here.