The Conversation -- August 14, 2023
Montana Kid Power! Mike Baker of the New York Times: "A judge in Montana ruled on Monday that young people in the state have a constitutional right to a healthful environment, finding in a landmark case that the state's failure to consider climate change when evaluating new projects was causing harm. The case, brought by a group of young Montana residents ranging in age from 5 to 22, is the first of its kind to go to trial in the United States.... In her ruling, Kathy Seeley, a district court judge, found that the state's emissions 'have been proven to be a substantial factor' in affecting the climate." ~~~
~~~ Marie: How do you suppose Clarence, Sam & Neil feel about that? And will John Roberts write a deciding opinion arguing that, "The way to stop climate change is to stop talking about climate change"?
In today's Comments, RAS has some good news for Oregon voters.
Tennessee. Kyle Melnick of the Washington Post: "A former Tennessee state senator was sentenced Friday to nearly two years in prison for violating campaign finance laws while running for Congress -- charges the Republican once described as a 'witch hunt' before he pleaded guilty to them. Brian Kelsey, who unsuccessfully tried in March to take back his guilty plea, was sentenced to 21 months in prison after a hearing in the U.S. District Court for the Middle District of Tennessee. He was accused of concealing the transfer of $91,000 to a national political organization that supported Kelsey's 2016 congressional campaign. The 45-year-old can no longer run for state office, according to his attorney."
Jonah Bromwich of the New York Times: "The New York judge [Juan Merchan] presiding over the criminal case against Donald J. Trump in Manhattan has declined to remove himself from the proceedings, a loss for the former president...."
Oops! Just Testing! Timothy Ahmann of Reuters: "The Fulton County, Georgia, court's website briefly posted a document on Monday listing several criminal charges against ... Donald Trump that appeared related to his attempts to overturn his 2020 election defeat in the state, before taking the document down without explanation. The Fulton County District Attorney's office said in a statement that no charges had been filed against Trump. The document was dated Aug. 14 and named Trump, citing the case as 'open.'... The two-page document cites the 'Violation Of The Georgia Rico (Racketeer Influenced And Corrupt Organizations) Act,' 'Solicitation Of Violation Of Oath By Public Officer,' 'Conspiracy To Commit False Statements and Writings' and 'Conspiracy To Commit Forgery in the First Degree,' among other charges listed." ~~~
~~~ A Fulton County, Georgia, grand jury is hearing the Trumpty-Dumpty election interference case, and the New York Times is liveblogging developments, something that's challenging to do since the grand jury is secret and reporters don't know nuthin'.
Kyle Cheney of Politico: "Donald Trump slammed the judge presiding over his newest criminal case early Monday, testing her three-day-old warning that he refrain from 'inflammatory' attacks against those involved in his case. In a Truth Social post just before 1 a.m., Trump assailed U.S. District Court Judge Tanya Chutkan as 'highly partisan' and 'very biased and unfair,' citing as evidence a statement she made during the sentencing of a woman who participated in the mob that breached the Capitol on Jan. 6, 2021." Thanks to Akhilleus for the link. ~~~
~~~ Marie: Trump's lawyers must have read him the riot act. The last time a judge ordered him to put a lid on it, it took Trump less than 24 hours to defy the order. This time it took him like two-and-a-half whole days! Amazing! Akhilleus suspects (as do I) that we're going to be reading, "Trump D.C. Trial to Start Next Week" sooner rather than later.
Michael Schmidt of the New York Times: "Hunter Biden told a federal judge late Sunday that the Justice Department was trying to renege on a major part of his deal with the government -- his agreement to enroll in a diversion program for gun offenders -- that he signed and granted him broad immunity from future federal prosecutions. The move, included in a court filing by Mr. Biden's lawyer, Christopher Clark, is the latest salvo in the back and forth between Mr. Biden and David C. Weiss, a Trump appointee who is leading the long-running investigation into the president's son's conduct. Shortly after Attorney General Merrick B. Garland elevated Mr. Weiss to special counsel, government lawyers said in court papers on Friday that they and Mr. Biden were at an impasse over plea negotiations and that no agreement had been reached.... But in the filing late Sunday, Mr. Biden rebutted prosecutors' claim, saying that he had signed the agreement in court last month and that he planned to abide by it.... In June..., both sides announced that they had reached a deal." ~~~
~~~ Marie: Something is weird here, and I don't think it's Hunter. Clark & Weiss are both attorneys experienced in the fields in which they're working, so I don't see how they could so royally cock this up.
The Double Life of an FBI Spy. Michael Rothfeld, et al., of the New York Times: "Apart from his outward image as a wholesome and responsible G-man..., there was another, less visible side to [Charles McGonigal], federal prosecutors and his former colleagues say. He held off-the-books meetings with foreign politicians and businessmen and accepted illicit payments while doing favors for associates, according to federal indictments filed against him in two states earlier this year.... A close look at Mr. McGonigal's life and career reveals an arc that appears ... to be a quintessentially American story about greed.... Now, Mr. McGonigal, 55, appears set to become one of the highest-ranking F.B.I. agents ever to be convicted of a crime." Reads like a "B" spy movie: sleazy Russian oligarchs, shady Albanian wheeler-dealers, Paul Manafort (of course!) extra-marital affair with a "connected," vengeful woman.
He Was For It Before He Was Against It Hours Later. Maggie Astor of the New York Times: "Robert F. Kennedy Jr. said Sunday that he supported a federal ban on abortion after the first trimester of pregnancy, then quickly backtracked -- underscoring both his ideologically uncomfortable position within the Democratic primary field and the deep salience of abortion in next year's election. Mr. Kennedy, who is running against President Biden, made his comments at the Iowa State Fair after an NBC News reporter asked whether he would sign a bill codifying the right to abortion once protected by Roe v. Wade." ~~~
~~~ David Cohen of Politico: Kennedy's campaign said he "misunderstood the question." MB: That's funny, because here's his answer: "I believe a decision to abort a child should be up to the women during the first three months of life.... Once a child is viable, outside the womb, I think then the state has an interest in protecting the child." Ali Vitali of NBC News: "So you would cap it at 15 weeks?" Kennedy: "Yes, three months." I don't think it was the question he misunderstood; I think he misunderstood Democratic voters' antipathy to a federal abortion ban, something about which his "campaign," in the form of someone living on Planet Earth, informed him.
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Louis DeJoy, the Amazing Flexible Man. Hailey Fuchs of Politico: "During the summer of 2020, there were few bigger Democratic super villains than Louis DeJoy.... When Joe Biden won [the presidency], it was generally assumed that [DeJoy's] days were numbered. Now, nearly three years later, DeJoy ... [has] become a critical player in Biden's environmental agenda, striking a partnership with the president's green guru, John Podesta, as USPS considers an environmental renaissance of its fleet. It's a remarkable change of script for one of the more memorable side characters of the Trump years.... The pair's partnership centers around an effort to introduce 66,000 electric vehicles to the USPS by 2028, itself part of a broader initiative to add 106,000 new vehicles to USPS fleet. The initiative was buoyed by $3 billion from the Inflation Reduction Act...."
Trump Crime Blotter
Zachary Cohen & Sara Murray of CNN: "Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia are in possession of text messages and emails directly connecting members of Donald Trump's legal team to the early January 2021 voting system breach in Coffee County, sources tell CNN.... New evidence has slowly been uncovered about the role of Trump's attorneys, the operatives they hired and how the breach, as well as others like it in other key states, factored into broader plans for overturning the election.... Last year, a former Trump official testified under oath to the House January 6 select committee that plans to access voting systems in Georgia were discussed in meetings at the White House, including during an Oval Office meeting on December 18, 2020, that included Trump.... The messages and documents appear to link [Rudy] Giuliani to the Coffee County breach, while shedding light on another channel of communication between pro-Trump attorneys and the battleground state operatives who worked together to provide unauthorized individuals access to sensitive voting equipment." (Also linked yesterday.) ~~~
He was in a bind 'cause he was way behind
And he was willin' to make a deal. ~~~
~~~ Danny Hakim & Richard Fausset of the New York Times: During the two months following the November 2020 election, "a vast effort unfolded on behalf of the lame-duck president to overturn the election results in swing states across the country. But perhaps nowhere were there as many attempts to intervene as in Georgia, where Fani T. Willis, the district attorney of Fulton County, is now poised to bring an indictment for a series of brazen moves made on behalf of [Donald] Trump in the state after his loss and for lies that the president and his allies circulated about the election there." This is a long story that rehashes the publicly-known details of Trump's efforts to overturn the Georgia results.
Ian Millhiser of Vox: The right-wing Supreme Court majority has nearly obliterated the First Amendment establishment clause. MB: It seems to me that they are doing to the First Amendment what they did to the Second: take advantage of the ambiguity in the language to undo decades of established jurisprudence. "Freedom of religion," after all, is not expressed in the First Amendment as "separation of church and state," but as a prohibition against the "establishment of religion." Pretty vague. Lots of wiggle room! Millhiser elaborates.
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In today's local stories, we learn what really happens to ordinary people in the U.S. if officials who have signed an oath to the Constitution don't like them because of their business, their color, or their ethnicity. You can publish a story that upsets some local poobahs and have your business shut down & your property confiscated. You can be sitting around the house minding your own business, but if you do that while Black, you may be repeatedly & extensively tortured. You can be a three-year old child, but if your parents are fleeing Latin America, you may die.
Kansas. Jon Passantino of CNN: "Dozens of news organizations on Sunday condemned a police raid on a Kansas newspaper and its publisher's home, sending a letter to the local police department's chief urging him to immediately return all seized materials. The four-page letter, sent by the Reporters Committee for Freedom of the Press to Marion Police Chief Gideon Cody, was signed by 34 news and press freedom organizations, including CNN, The Associated Press, The New York Times, The Washington Post, Los Angeles Times and others." The sheriff claimed he had an excuse, but he wouldn't say what it was because "ongoing investigation." Uh-huh.
Mississippi Is Still Mississippi. Emma Tucker of CNN: Four white Rankin County sheriff's deputies, an investigating officer and a local town police officer broke into a home without a warrant and tortured two Black men staying there. The officers shot one of the residents in the mouth, and he has suffered permanent injuries. The officers preplanned the January 2023 torture session. According to the DOJ press release, all six officers have pleaded guilty to 16 federal felony charges. MB: You need read only the federal press release, which is an anodyne document, to be sick. You want to think racists are more like Ron DeSantis, who probably doesn't torture or physically harm anyone but just gins up racial animus for fun & profit. But they're not. They're like the officers in Mississippi.
Texas. David Goodman & Edgar Sandoval of the New York Times: "A 3-year-old child died while traveling on a bus chartered by the state of Texas as it transported asylum seekers from the border city of Brownsville to Chicago as part of Gov. Greg Abbott's program to send migrants from Texas to Democratic-run cities in other states, officials said." (Also linked yesterday.)