The Conversation -- August 11, 2023

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 at Justice Department headquarters in Washington. 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. ~~~

     ~~~ Marie: Seems excessive to me, but reasonable, given House Republicans' cries of "conspiracy!" and 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." ~~~

     ~~~ 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.

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."

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.~~~

     ~~~ A copy of the protective order, via NBC News, is here. ~~~

     ~~~ 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. ~~~

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."

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Paul McLeary, et al., of Politico: "The Biden administration is asking congressional leaders for about $40 billion in new emergency spending, a request that's sure to intensify this fall's already arduous government funding fight. The cash that President Joe Biden requested formally on Thursday includes more than $24 billion in aid to Ukraine, $12 billion to replenish a dwindling pot of federal disaster relief and $4 billion to address issues at the southern border, like shelter and services for migrants and counter-fentanyl efforts." If you wanna know the real reason President Biden needs so much money for Ukraine, see Phillip Nieto's post, linked under "Presidential Race 2024."

Farnaz Fassihi & Michael Shear of the New York Times: "The United States and Iran have reached an agreement to win the freedom of five imprisoned Americans in exchange for several jailed Iranians and the unfreezing of about $6 billion in Iranian oil revenue, according to several people familiar with the deal. As a first step in the agreement, which comes after more than two years of quiet negotiations, Iran has released into house arrest five Iranian American dual citizens, according to the lawyer for one of the prisoners." (Also linked yesterday.)

** Mr. Potato Head, Fake Senator. Glenn Kessler of the Washington Post: Sen. Tommy Tuberville (R-Ala.) does not live in Alabama. Property records, campaign finance statements, a promotional video Mr. Potato Head cut for ESPN in 2017, and his own statement during his campaign for Senate declaring himself a "carpetbagger," show that he lives now and has lived for decades in a $3 million, 4,000-sq-ft. home in Santa Rosa Beach, Florida, a town in the Florida panhandle. He owns no legal residence in Alabama. "Under the U.S. Constitution, senators are required to be 'an inhabitant' of the state when elected, so residency requirements can be minimal." (Also linked yesterday.) ~~~

     ~~~ Marie: Kessler doesn't address Florida tax records, but it would be interesting to check property tax records. Florida's "Save Our Homes" tax law is extremely favorable to state residents, as it limits the amount property taxes can be raised each to three percent of the current tax, while taxes on non-residents can increase to the assessed valuation of the property every year. On a $3MM house, that means thousands of dollars in tax savings each year. It is necessary to swear to Florida residency every year, and provide other proofs -- like voting in Florida and registering your vehicles in Florida. If Tuberville declared Florida residency to receive this tax break, he's burnt potato. Florida property tax records are public.

Maggie Astor of the New York Times: "Senator Joe Manchin III, Democrat of West Virginia, told a local news station on Thursday that he 'would think very seriously' about leaving the Democratic Party and becoming an independent." (Also linked yesterday.)

Trump Crime Family News

Happy New Year, Donald! Alan Feuer of the New York Times: "The prosecutors overseeing the indictment of ... Donald J. Trump on charges of conspiring to overturn the 2020 election asked a judge on Thursday to set a trial date in the case for early January, laying out an aggressive schedule for the proceeding. In a motion filed to Judge Tanya S. Chutkan, who is presiding over the case in Federal District Court in Washington, the prosecutors said they were ready not only to go to trial on Jan. 2, but were also poised to give Mr. Trump's lawyers the bulk of their discovery evidence in the next two weeks or so. The prosecutors further proposed that Mr. Trump's lawyers submit their first pretrial motions in not much more than a month." (Also linked yesterday.)

Charlie Savage of the New York Times: "... Donald J. Trump and a longtime aide, Walt Nauta, pleaded not guilty on Thursday to additional criminal charges in the case accusing Mr. Trump of illegally holding on to secret national security documents after leaving office and conspiring to obstruct the government's efforts to retrieve them. The plea for Mr. Trump, who did not appear at the federal courthouse in Fort Pierce, Fla., was entered by one of his lawyers.... Carlos De Oliveira ... [who] was accused of conspiring to delete the security footage ... appeared at the hearing, though [his] arraignment was delayed until he finds local representation.... The magistrate judge, Shaniek Mills Maynard, scheduled Mr. De Oliveira's arraignment for 10 a.m. on Tuesday, rejecting a suggestion that it be postponed until Aug. 25." CNN's report is here. (Also linked yesterday.)

Marie: Re: Trump's motion to have a SCIF placed on his Mar-a-Lago property, Joyce Vance said on MSNBC Thursday that the Court (that would be Judge Cannon) has no authority to tell the intelligence community where to locate SCIFs, much less to order the government to pay for construction and 24-hour security for the SCIF.

Adam Liptak of the New York Times: "Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution's original meaning. The professors -- William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas -- studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.... [Baude] summarized the article's conclusion: 'Donald Trump cannot be president -- cannot run for president, cannot become president, cannot hold office -- unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.'

"The provision in question is Section 3 of the 14th Amendment. Adopted after the Civil War, it bars those who had taken an oath 'to support the Constitution of the United States' from holding office if they then 'shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.' Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each House.... The [professors'] article concluded that ... 'The bottom line is that Donald Trump both "engaged in" "insurrection or rebellion" and gave "aid or comfort" to others engaging in such conduct, within the original meaning of those terms as employed in Section 3 of the 14th Amendment."

     ~~~ Marie: If January 6, 2021, was the worst day in modern American history, just wait for December 17, 2024, and January 6, 2025. Election law expert Rick Hasen said on MSNBC that if Donald Trump should be the apparent winner of the 2024 presidential race, Democrats well might rise up and oppose the slates of Electors of every state in which he won the popular vote because, under the Constitution, he is not eligible to hold public office.

Susie Madrak of Crooks & Liars: "Frank Figliuzzi, who was a former assistant director for counterintelligence at the FBI, talked about the possibility that Trump would have to repay his donors for money collected under false pretenses. Via Newsweek: 'This isn't over yet. When you raise millions based on a fraudulent claim, you've committed a crime. And, you just might have to give those millions back,' Figliuzzi wrote." Madrak characterizes this as the worst possible outcome for Trump among his many legal perils. MB: I still think the worst possible outcome is Trump's getting convicted & sentenced to jail in Georgia, then losing all his appeals. And an elderly fat guy with 24-hour Secret Service protection might have a hard time absconding to Saudi Arabia before the cuffs are snapped shut.

This Is a Surprise. Dan Mangan of CNBC: "The social media company owned by ... Donald Trump in March tipped off the FBI about threats made by a Utah man who was fatally shot Wednesday by FBI agents as they attempted to arrest him for threatening to kill President Joe Biden, NBC News reported. Truth Social notified the FBI after Craig Deleeuw Robertson posted a threat to kill Manhattan District Attorney Alvin Bragg Jr., according to a senior law enforcement official...."

Trump Aide Follows Trump's "Grab 'em by the Pussy" Style. Ryan Randazzo of the Arizona Republic: "A woman says Boris Epshteyn, a special adviser to Donald Trump, repeatedly groped her and her sister inside a Scottsdale nightclub in 2021, according to police body camera footage obtained by The Arizona Republic.... 'Touching her chest, touching her hips, touching her crotch,' the woman told police just before police ordered Epshteyn ... to sit on a nearby curb that was strewn with chewing gum and cigarette butts. Epshteyn was charged with 'assault touching,' 'attempted sexual abuse,' 'harassment-repeated acts' and 'disorderly conduct-disruptive behavior or fighting.' The first three charges were dismissed, but Epshteyn pleaded guilty in Scottsdale City Court to disorderly conduct and served probation. The conviction was set aside by the court in January 2023." (Also linked yesterday.) ~~~

     ~~~ Oh, Lordy, there's a tape. Mediaite has body-cam footage of Boris' arrest. For some reason, Boris really objected to sitting down on the curb, as the police ordered him to do.

Martin Pengelly of the Guardian: "Conservative US supreme court justice Clarence Thomas has been condemned for maintaining 'unprecedented' and 'shameless' links to rightwing benefactors, after ProPublica published new details of his acceptance of undeclared gifts including 38 vacations and expensive sports tickets." Pramila Jayapal, a Washington state Democrat and chair of the Congressional Progressive Caucus, rendered an especially damning verdict. 'Unprecedented. Stunning. Disgusting. The height of hypocrisy to wear the robes of a [supreme court justice] and take undisclosed gifts from billionaires who benefit from your decisions. 38 free vacations. Yachts. Luxury mansions. Skyboxes at events. Resign,' she posted. From the Senate, Dick Durbin of Illinois, the Democratic judiciary committee chair, said: 'The latest ... revelation of unreported lavish gifts to Justice Clarence Thomas makes it clear: these are not merely ethical lapses. This is a shameless lifestyle underwritten for years by a gaggle of fawning billionaires.'"

Presidential Race 2024

Phillip Nieto of Mediaite: "CNN Anchor John King told colleague Dana Bash that speaking to Iowa Republican voters about their opposition to Ukraine was like watching of 'an old Tucker Carlson show.' King sat down with GOP voters in The Hawkeye State and asked them to raise their hands if they support Ukraine in the fight against Vladimir Putin. None of the voters at the table raised their hands. Throughout their conversation with King, the Iowa Republicans claimed they believe the reason the United States and other NATO countries are giving so much support to Ukraine is to cover up Hunter Biden's alleged corruption." MB: The only reason I support Ukraine sovereignty is to keep President Zelensky from spilling the Burisma beans. Those Republican voters really know how to connect the dots: billions in support of Ukraine ... Hunter Biden!

Alabama. Remy Tumin of the New York Times: "Four people have turned themselves in to the police and have been charged with assault in connection with a brawl that broke out along the waterfront in Montgomery, Ala., last weekend, officials said, as the investigation into the racially charged melee continues. The arrests came days after a group of white boaters attacked a Black riverboat cruise captain on Saturday. Warrants for three of the boaters were issued on Tuesday, and the Montgomery police had asked them during a news conference to come forward."

Florida. Chris Geidner, the Law Dork: Ron "DeSantis is implementing the imperial presidency, writ small.... Ron DeSantis ... does not think that local voters' choices need to be respected -- and can be outright ignored -- if their votes result in the election of officeholders whose policy preferences differ from those of Ron DeSantis. On Wednesday, DeSantis made that clear by, for a second time, ignoring the will of the voters and suspending an elected prosecutor from office because he disagrees with their policy choices.... Between the two suspensions, DeSantis has rendered 3.3 million Floridians without their elected choice of prosecutor.... Ron DeSantis does not believe in democracy...."

Marie: This relates to a Comments exchange. It turns out I'm not the only one who can picture DeSantis in a Mickey Mouse cap:

News Lede

AP: "Maui residents who made desperate escapes from oncoming flames, some on foot, asked why Hawaii's famous emergency warning system didn't alert them as fires raced toward their homes. Hawaii emergency management records show no indication that warning sirens were triggered before a devastating wildfire killed at least 55 people and wiped out a historic town, officials confirmed Thursday. Hawaii boasts what the state describes as the largest integrated outdoor all-hazard public safety warning system in the world, with about 400 sirens positioned across the island chain to alert people to various natural disasters and other threats. But many of Lahaina's survivors said in interviews at evacuation centers that they didn't hear any sirens and only realized they were in danger when they saw flames or heard explosions nearby.' ~~~

     ~~~ The AP's live updates are here. The New York Times' live updates are here.

The Conversation -- August 10, 2023

Happy New Year, Donald! Alan Feuer of the New York Times: "The prosecutors overseeing the indictment of ... Donald J. Trump on charges of conspiring to overturn the 2020 election asked a judge on Thursday to set a trial date in the case for early January, laying out an aggressive schedule for the proceeding. In a motion filed to Judge Tanya S. Chutkan, who is presiding over the case in Federal District Court in Washington, the prosecutors said they were ready not only to go to trial on Jan. 2, but were also poised to give Mr. Trump's lawyers the bulk of their discovery evidence in the next two weeks or so. The prosecutors further proposed that Mr. Trump's lawyers submit their first pretrial motions in not much more than a month."

** Mr. Potato Head, Fake Senator. Glenn Kessler of the Washington Post: Sen. Tommy Tuberville (R-Ala.) does not live in Alabama. Property records, campaign finance statements, a promotional video Mr. Potato Head cut for ESPN in 2017, and his own statement during his campaign for Senate declaring himself a "carpetbagger," show that he lives now and has lived for decades in a $3 million, 4,000-sq-ft. home in Santa Rosa Beach, Florida, a town in the Florida panhandle. He owns no legal residence in Alabama. "Under the U.S. Constitution, senators are required to be 'an inhabitant' of the state when elected, so residency requirements can be minimal." ~~~

     ~~~ Marie: Kessler doesn't address Florida tax records, but it would be interesting to check property tax records. Florida tax law is extremely favorable to state residents, as it limits the amount property taxes can be raised each to three percent of the current tax, while taxes on non-residents can increase to the assessed valuation of the property every year. On a $3MM house, that means thousands of dollars in tax savings each year. It is necessary to swear to Florida residency every year, and provide other proofs -- like voting in Florida and registering your vehicles in Florida. If Tuberville declared Florida residency to receive this tax break, he's burnt potato. Florida property tax records are public.

Maggie Astor of the New York Times: "Senator Joe Manchin III, Democrat of West Virginia, told a local news station on Thursday that he 'would think very seriously' about leaving the Democratic Party and becoming an independent."

Farnaz Fassihi & Michael Shear of the New York Times: "The United States and Iran have reached an agreement to win the freedom of five imprisoned Americans in exchange for several jailed Iranians and the unfreezing of about $6 billion in Iranian oil revenue, according to several people familiar with the deal. As a first step in the agreement, which comes after more than two years of quiet negotiations, Iran has released into house arrest five Iranian American dual citizens, according to the lawyer for one of the prisoners."

Charlie Savage of the New York Times: "... Donald J. Trump and a longtime aide, Walt Nauta, pleaded not guilty on Thursday to additional criminal charges in the case accusing Mr. Trump of illegally holding on to secret national security documents after leaving office and conspiring to obstruct the government's efforts to retrieve them. The plea for Mr. Trump, who did not appear at the federal courthouse in Fort Pierce, Fla., was entered by one of his lawyers.... Carlos De Oliveira ... [who] was accused of conspiring to delete the security footage ... appeared at the hearing, though [his] arraignment was delayed until he finds local representation.... The magistrate judge, Shaniek Mills Maynard, scheduled Mr. De Oliveira's arraignment for 10 a.m. on Tuesday, rejecting a suggestion that it be postponed until Aug. 25." CNN's report is here.

Marie: Re: Trump's motion to have a SCIF placed on his Mar-a-Lago property, Joyce Vance said on MSNBC Thursday that the Court (that would be Judge Cannon) has no authority to tell the intelligence community where to locate SCIFs, much less to order the government to pay for construction and 24-hour security for the SCIF.

Trump Aide Follows Trump's "Grab 'em by the Pussy" Style. Ryan Randazzo of the Arizona Republic: "A woman says Boris Epshteyn, a special adviser to Donald Trump, repeatedly groped her and her sister inside a Scottsdale nightclub in 2021, according to police body camera footage obtained by The Arizona Republic.... 'Touching her chest, touching her hips, touching her crotch,' the woman told police just before police ordered Epshteyn, wearing shorts, sandals and a collared shirt, to sit on a nearby curb that was strewn with chewing gum and cigarette butts. Epshteyn was charged with 'assault touching,' 'attempted sexual abuse,' 'harassment-repeated acts' and 'disorderly conduct-disruptive behavior or fighting.' The first three charges were dismissed, but Epshteyn pleaded guilty in Scottsdale City Court to disorderly conduct and served probation. The conviction was set aside by the court in January 2023."

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Zolan Kanno-Youngs of the New York Times: "President Biden on Wednesday entered a wind tower manufacturing plant surrounded by desert boasting of declining unemployment, waning inflation and a manufacturing boom -- all metrics that should make his three-state Southwest tour a victory lap. 'Our plan is working,' Mr. Biden said, referring to his economic agenda. 'When I think climate, I think jobs.' But hours before he entered Belen, [New Mexico,] the president reflected on the challenge hanging over the White House during his tour of Arizona, New Mexico and Utah. Even as he traverses the country to promote his economic policies, many voters are still skeptical of -- or unclear on -- Mr. Biden's legislative record.... Noting recent infrastructure projects funded by his policies, Mr. Biden said [during a fundraiser in Albuquerque]: "They're beginning to realize what we actually passed is having an impact. It's just going to take a little while."

Yan Zhuang of the New York Times: "It was among the most traumatic days in the F.B.I.'s history: On Feb. 2, 2021, two agents were killed when a suspect in a child abuse case opened fire on them as they tried to search his Florida apartment. This week, the bureau announced the outcome of the investigation the agents were part of -- which had grown into an international operation following their deaths -- saying it had resulted in 98 arrests and 45 convictions of members of an online pedophile ring in the United States and Australia." (Also linked yesterday.)

House GOP Plans Fact-free Impeachment. Annie Grayer of CNN: "House Oversight Republicans laid out their intention to accuse President Joe Biden of corruption even without direct evidence that he financially benefited from Hunter Biden's foreign business dealings, a clear shift in their strategy that they said was launched to investigate the president. The new strategy is highlighted in a memo released by the committee on Wednesday.... The memo follows the increasing drumbeat from many House Republicans -- and certainly the GOP presidential frontrunner Donald Trump -- to pursue impeachment of the sitting president even without a clear establishment of facts." MB: I found the official GOP Playbook: (1) Claim Biden committed horrible, impeachable offenses. (2) Find nothing. (See addendumb.*) (3) Impeach. *Addendumb: Okay to make a fool of yourself, like finding out your star witness is a Chinese spy.

It's time, Diane, to bid farewell -- just say 'yea' and rest on your laurels. -- P.D. Pepe, in yesterday's Comments ~~~

~~~ Amy Wang of the Washington Post: "Sen. Dianne Feinstein (D-Calif.) was taken to the hospital Tuesday after falling at her home in San Francisco, her office said, and has since returned home. 'Senator Feinstein briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home. All of her scans were clear and she returned home,' Feinstein's office said in a statement." The NBC News report is here. (Also linked yesterday.)

Alan Feuer of the New York Times: "Lawyers for ... Donald J. Trump on Wednesday asked the judge overseeing his prosecution on charges of risking national security secrets if he could discuss the classified discovery evidence in the case in the 'secure facility' that he once used for classified material when he was in office. The request to the federal judge, Aileen M. Cannon, was an attempt to get around a stricter provision contained in a protective order proposed by the government that would require Mr. Trump to discuss and review the classified evidence only in one of the highly secure locations run by the federal courts in Florida." ~~~

     ~~~ Marie: Now isn't that the epitome of chutzpah? Trump has practically admitted to mishandling classified documents so he wants a privilege not afforded any other defendants to mishandle classified documents at his private club. Lawyers appearing on MSNBC were horrified. Joyce Vance said Trump is a security risk, he doesn't have classified clearance, and in no circumstance should be allowed to have access to classified documents at a facility he effectively controls. Andrew Weissmann said that if Cannon grants the defense motion, that would be another of her decisions that prosecutors could cite to have her removed from the case. As for me, I foresee Walt & Carlos creeping down to the SCIF in the dark of night, bolt cutters in hand.

Kyle Cheney of Politico: "Special Counsel Jack Smith obtained a search warrant for Donald Trump's Twitter account, @realDonaldTrump, earlier this year, according to newly revealed court documents. Twitter's initial resistance to complying with the Jan. 17 warrant resulted in a federal judge holding the company, now called X, in contempt and levying a $350,000 fine. A federal court of appeals upheld that fine last month in a sealed opinion. On Wednesday, the court unsealed a redacted version of that opinion, revealing details of the secret battle for the first time." (Also linked yesterday.) ~~~

     ~~~ Alan Feuer of the New York Times: "... the [court] papers indicate that prosecutors got permission from the judge not to tell Mr. Trump for months that they had obtained the warrant for his account. The prosecutors feared that if Mr. Trump learned about the warrant, it 'would seriously jeopardize the ongoing investigation' by giving him 'an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates,' the papers said." (Also linked yesterday.) ~~~

     ~~~ Marie: On the teevee, pundits discussed Trump and his pals "removing the DMs." I didn't know what that meant, so I checked the Googles. "DMs" are "Direct Messages"; that is, tweets between two people that are not visible to others -- and therefore are tweets that prosecutors could not access without a court order.

Matthew Chapman of the Raw Story: "FBI officials 'suppressed' efforts to investigate ... Donald Trump, his associate Rudy Giuliani, and other members of his inner circle, according to a veteran counterintelligence agent, Insider reported on Wednesday. 'The agent ... claims in a 22-page statement that his bosses interfered with his work in "a highly suspicious suppression of investigations and intelligence-gathering" aimed at protecting "certain politically active figures and possibly also FBI agents" who were connected to Russian and Ukrainian oligarchs,' reported Mattathias Schwartz. This included ceasing investigations of Giuliani, and severing contact with sources offering information on corruption in the Trump administration generally. According to the report, this statement was not intended to be made public and was prepared for staff on the Senate Judiciary Committee -- but it was leaked to a Substack last month.... All of this runs contrary to the narrative pushed by Trump, who for years has alleged a conspiracy within the FBI to bring him down...."

Sara Murray, et al., of CNN: "Fulton County District Attorney Fani Willis is expected to seek more than a dozen indictments when she presents her case regarding efforts by Donald Trump and his allies to overturn the 2020 presidential election results in Georgia before a grand jury next week, sources familiar with the matter told CNN. Willis, a Democrat, has been eyeing conspiracy and racketeering charges, which would allow her to bring a case against multiple defendants. Her wide-ranging criminal probe focuses on efforts to pressure election officials, the plot to put forward fake electors and a voting systems breach in rural Coffee County, Georgia.... The witnesses Willis has subpoenaed when she presents her case include former Republican Lt. Gov. Geoff Duncan, former Georgia Democratic state Sen. Jen Jordan and independent journalist George Chidi. All of them previously testified before a special purpose grand jury that was tasked with investigating the Trump case and heard from more than 75 witnesses." ~~~

~~~ How Low Can Trump Go? Tamar Hallerman of the Atlanta Journal-Constitution: "Fulton County District Attorney Fani Willis on Wednesday flatly denied that she had a relationship with a former client and other rumors spread by ... Donald Trump in a new campaign ad. In an email to her colleagues..., Willis called the information in a television spot bankrolled by the Trump campaign 'derogatory and false.' She urged her staff not to respond to any of the allegations.... In the minute-long ad, titled 'The Fraud Squad,' the narrator refers to Willis as 'Biden's newest lackey.'... The most incendiary allegation [in the ad] is that Willis 'got caught hiding a relationship with a gang member she was prosecuting.' It cites as evidence a Jan. 25, 2023, article in Rolling Stone. But the ad gets several facts wrong. The Rolling Stone article is an interview with YSL Mondo, one of Willis' former clients in 2019 when she worked as a defense attorney, and it doesn't make reference to any sort of affair....

Brad Raffensperger, during which he pressured the fellow Republican to 'find' him 11,780 votes and told him he could be legally exposed if he didn't."

     ~~~ ** Marie: Here's some good news: If Donald Trump is convicted of a crime in Georgia and sentenced to jail time, there's no get-out-of-jail card, assuming any appeals fail. There's no chance of a pardon. Lawrence O'Donnell interviewed Gwen Keyes Fleming, former D.A. of DeKalb County, Georgia, and she explained the pardon laws of the state. The governor does not have pardon power, but s/he appoints members of a pardon board, who do. However, the key prerequisites to obtaining a pardon in Georgia are that (1) the applicant for a pardon has served his entire sentence, and (2) has lived five years thereafter, during which time he has been a model citizen (fat chance!).

Marie: Former Bush Assistant AG Jack Goldsmith wrote a New York Times op-ed, published Tuesday, about why prosecuting the Dear Leader was a dangerous mistake. I scanned the piece and thought it was disgusting. Steve M., however, analyzed Goldsmith's garbage "arguments" in a post titled "How to Launder Right-Wing Talking Points." Steve's analysis is well-worth reading because sometimes you forget that gaslighting isn't always as straightforward and obvious as Donald Trump's hectoring projections.

Marie: Videos of Donald Trump's "bullshit" speech in New Hampshire Monday show Trump sweating profusely. While much of the country is sweltering in extraordinary climate-changed-induced high temps, it's been relatively cool in New Hampshire. The high in Windham, N.H., where Trump held his rally Monday, was 80 degrees. It certainly could have been hotter in a crammed auditorium. But in the videos I saw (saw, didn't hear because I put the audio on mute) of the event, the audience did not appear to be sweating, so I doubt it was the 110 degrees Trump claimed it was. So, gosh, maybe there's something wrong with him.

Josh Margolin, et al., of ABC News: "A Utah man was shot and killed during an FBI raid early Wednesday morning, the FBI confirmed to ABC News. The raid was in connection with an investigation into alleged threats against President Joe Biden and others.... [One official] told ABC News that the investigation began in April and the U.S. Secret Service was notified by the FBI in June. In addition to threatening posts, the official said, the man under investigation suggested online he was making plans to take physical action. The threats had been deemed 'credible,' the official said." (Also linked yesterday.) ~~~

     ~~~ Another Trump-inspired Would-be Assassin. Adam Goldman & Jesus Jiménez of the New York Times:"Craig D. Robertson, 75, was also charged with threatening to shoot other elected officials, including Alvin L. Bragg, the Manhattan district attorney, as well as with making threats against law enforcement officials, according to court documents filed a day earlier in U.S. District Court in Salt Lake City.... The three indictments of ... Donald J. Trump have offered fodder for supporters and allies, who have seized on his mounting legal peril to fan a narrative of a Justice Department weaponized against him and bent on derailing the Republican front-runner's campaign to retake the White House.... The complaint [against Robertson] also laid out his history of threats on social media, where he referred to his guns as Democratic eradicators.... Last week, [Robertson] noted on social media that Mr. Biden would be visiting Utah and that he was going to 'dust off' an M24 rifle and get out his old camouflage suit, one typically used by snipers.

"On Sept. 19, 2022, Mr. Robertson wrote on Facebook that 'the time is right for a presidential assassination or two.... First Joe then Kamala,' he wrote. In another message, he declared that he wanted shoot Mr. Bragg in the head and watch him die. The post also mentioned George Soros, the financier and Democratic megadonor, who has been a target of Mr. Trump and Republicans in Congress, and echoed Mr. Trump's attacks on Mr. Bragg and Mr. Soros. Other subjects of Mr. Robertson's threats: Attorney General Merrick B. Garland, whom he described as a Nazi; Gov. Gavin Newsom of California; and Letitia James, the New York attorney general.... Mr. Trump and his supporters have downplayed the notion that his incendiary criticisms of the Justice Department and the F.B.I. are anything other than an expression of legitimate grievances." So another crazy old man is shot dead because Trump. Fortunately, Democratic officials and FBI agents are not. No thanks to Trump.

Joey Cappelletti of the AP: "The mother of a 30-year-old Michigan man who's accused of making death threats against Democratic politicians is now charged with lying when she purchased firearms later found in her son's possession. Threats against public officials have become increasingly common in Michigan in recent years.... The charges unsealed Tuesday against Michelle Berka, 56, come after her son Randall Berka II was arrested in March and charged with illegally possessing guns. Federal prosecutors say he made death threats on social media against the president and governor, as well as people in the LGBTQ community."

Trump Judge Sends Lawyers to Right-wing Re-education Camp. Ruth Marcus of the Washington Post: "Another day, another extremist ruling by another extremist Trump judge, and this decision -- from Texas, no surprise -- is straight out of 'The Handmaid's Tale.' The judge held lawyers for Southwest Airlines in contempt of court for their actions in a religious-discrimination case brought by a former flight attendant and ordered them to undergo 'religious liberty training.' And not just any instruction, but training conducted by the Alliance Defending Freedom (ADF), a conservative group that litigates against same-sex marriage, transgender rights and abortion rights. The issue arises from a lawsuit filed by Charlene Carter, a flight attendant for more than 20 years and a longtime antagonist of the Southwest flight attendants union. In 2017, after union members attended the Women's March under a 'Southwest Airlines Flight Attendants' banner, Carter sent Facebook messages to the union president containing graphic antiabortion messages.... An arbitrator found that Southwest had just cause for the firing. Carter ... sued ... [and] a jury found in her favor.... The case is being appealed."

** Time to Go, Clarence. Brett Murphy & Alex Mierjeski of ProPublica: "During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him -- including, on more than one occasion, an entire 737. It's a stream of luxury that is both more extensive and from a wider circle than has been previously understood. Like clockwork, Thomas' leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include: At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast....

"While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets.... Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts ... told ProPublica.... Each of these [benefactors] ... appears to have first met Thomas after he ascended to the Supreme Court.... The total value of the undisclosed trips they've given Thomas since 1991, the year he was appointed to the Supreme Court, is difficult to measure. But it's likely in the millions."

Arizona. The Thermometers Are Rigged! Hank Stephenson in Politico Magazine: "When Arizona lawmakers returned to the state Capitol here earlier this month, they started their day with a prayer to ease the scorching heat.... Meanwhile, the air conditioning was out in the state House of Representatives. Heat seeped through the western-facing wall as the state's 60 representatives piled into the squat cinderblock building. Fans set up to cool the hallways were too loud for staff to work, so they were on only intermittently.... With the Arizona GOP taken over by its fringe elements in recent years and largely refusing to acknowledge the issue [of climate-change-induced heat] at all. Democrats, meanwhile, lament that their leaders aren't doing nearly enough to address the heat -- even as heat-related deaths are climbing.... Heat-tolerant Republicans argue that the heat isn't unusual.... Some conservatives suggest thermometers, like past vote counts, are rigged because they're placed at the sun-scorched asphalt airport." (Also linked yesterday.)

Florida. Lori Rozsa & Tim Craig of the Washington Post: "Florida Gov. Ron DeSantis (R) suspended the Orlando-area state attorney Wednesday, saying she was 'clearly and fundamentally derelict' in her duty. DeSantis removed Monique Worrell, a Democrat, from her job as the chief prosecutor for Florida's Ninth Judicial Circuit Court at a brief news conference in Tallahassee. It's the second time in a year that the governor ... suspended an elected Democrat from office.... The action by the governor, who has largely been absent from Florida as he campaigns in early primary states such as Iowa and New Hampshire, came five days after two Orlando police officers were shot and injured during a traffic stop. The suspected shooter was later killed by SWAT officers.... The suspect, Daton Viel, 28, had a long criminal history and had been arrested in March for sexual assault against a child but was released on bond. 'Bond is something that individuals are entitled to as a matter of law. In this case, the court determined that this individual was entitled to bond,' Worrell said at a news conference earlier this week defending her office. 'I don't determine who gets out of jail. All I do is uphold the law.'" Emphasis added. Thanks to Akhilleus for the link. See also his comment in yesterday's thread. The Florida Politics report is here. (Also linked yesterday.) ~~~

Ohio. Campbell Robertson, et al., of the New York Times: "For months, it had been apparent that [Ohio Ballot] Issue 1, advertised as a measure to safeguard the State Constitution from wealthy out-of-state interests, was primarily about blocking an abortion-rights amendment that will be on the November ballot. Supporters of the measure hardly kept this a secret, and campaign donors lined up accordingly: Much of the money in support came from Susan B. Anthony Pro-Life America, a Washington-based anti-abortion advocacy group.... For many Ohioans, this barely concealed political strategizing is what clinched their decision to come out and vote against the measure -- and come out they did, in a turnout that nearly doubled that of last year's primary election for Congress and the governor's office." (Also linked yesterday.)

Texas. Peter Weber of the Week: "Locals and lawmakers have started getting a closer look at wrecking ball-size orange buoys Texas Gov. Greg Abbott (R) had installed -- illegally, Mexico and the federal government say -- along 1,000 feet of the Rio Grande river between Eagle Pass and Piedras Negras, Mexico. The controversial buoys are chained to the shallow bottom of the river with a net of cables, and you can't climb over them because they spin freely. To make sure would-be asylum seekers don't climb between them, Texas Public Radio's David Martin Davies reported after a kayak trip to the barrier, 'there are also serrated metal plates that look like circular saw blades between each buoy.'" Thanks to RAS for the lead. (Also linked yesterday.) This from Rep. Joaquin Castro (D-Texas):

Everyone needs to see what I saw in Eagle Pass today.

Clothing stuck on razor wire where families got trapped. Chainsaw devices in the middle of buoys. Land seized from US citizens.

Operation Lone Star is barbaric — and @GovAbbott is making border communities collateral damage. pic.twitter.com/PzKyZGWfds

— Joaquin Castro (@JoaquinCastrotx) August 8, 2023

     ~~~ Marie: The feds need to get down there right now and remove -- and destroy -- every one of those death traps; then send the bill to Texas. One of the border sheriffs should arrest Greg Abbott. The DOJ and International Court of Justice should investigate him for torture. I'm serious. What with Abbott's giant saw blades, DeSantolini's campaign promise to slit the throats of federal bureaucrats and Trump's violent January 6 coup (not to mention his other threats), the GOP is beginning to look like a slasher movie, with sequels. We are living in a horror movie.

Ecuador. José Cabrera of the New York Times:" A presidential candidate in Ecuador who had been outspoken about the link between organized crime and government officials was assassinated on Wednesday evening at a political rally in the capital, just days before an election that was expected to be dominated by concerns over drug-related violence. The candidate, Fernando Villavicencio, a former journalist, was gunned down outside a high school in Quito after speaking to young supporters."

Haiti. Simon Romero & Emiliano Mega of the New York Times: "Abductors have freed an American nurse working for a humanitarian organization in Haiti and her child, the aid group said Wednesday, after their kidnapping in late July drew international attention to a wave of anarchic violence gripping the capital, Port-au-Prince. El Roi Haiti, a faith-based humanitarian organization, said in a brief statement that Alix Dorsainvil, the group's community nurse and the wife of the group's director, was released along with her child after they were held in Port-au-Prince." (Also linked yesterday.)

News Lede

AP: "Thousands of Hawaii residents raced to escape homes on Maui as blazes swept across the island, destroying parts of a centuries-old town and killing at least 36 people in one of the deadliest U.S. wildfires in recent years. The fire took the island by surprise, leaving behind burned-out cars on once busy streets and smoking piles of rubble where historic buildings had stood in Lahaina Town, which dates to the 1700s and has long been a favorite destination for tourists. Crews battled blazes in several places on the island Wednesday, and the flames forced some adults and children to flee into the ocean." ~~~

     ~~~ The New York Times is liveblogging developments here.

HELP!!!

Marie: Here's a comment by Akhilleus, which I heartily endorse. Seriously, if you can't help out, I'm out. The link to the link code Akhilleus mentions is above; both Akhilleus and I tested it, and it works:

By Akhilleus

Pssst…

Just a word to all RCers, reg’lars, ‘ occasionalls, and tutti, (as classical composers might put it)…

Marie has agreed to continue this oasis of sanity on the condition that we all help out mit der linkensteins. Ja?

Soooo…she has provided a very useful, and amazingly wicked EZ to use link creator thingie, in hopes (wink, wink, nudge, nudge) that we all will pick up the slack so she can concentrate on kicking the crap out of the morons constructing her domicile (why is the cellar upstairs?!?).

So here’s the thing. You don’t have to add much commentary type stuff if you don’t want to. Just check out what’s going on, do the one linky-dinky, two linky-dinky, (apologies to Lily Tomlin) and say “Hey kids, here’s something cool-stupid-outrageous-monstrous-weird-coked up-abusive-eight balled-Jiminy Cricketed-or otherwise useful to know thing”, add the link, and yer done. And we’re all the better for it.

If you’d like to include a mini, maxi, or apoplexy rant (which I never do…nevah…) go right ahead. It was so neat to hear from people who don’t normally post. Don’t keep those finely tuned, filigreed thoughts to yourselves. Let ‘er rip.

Tanks.