July 23, 2022
Ian Bassin & Erica Newland in the New York Review of Books on why it's not Merrick Garland's job to decide whether or not it's "in the national interest" to indict & prosecute a former president*: "As in 1974, the Department of Justice has a responsibility here, but so does the president, and neither may interfere with the other. The president cannot tell the department whether or not to indict. And if the department determines there is sufficient evidence to convict Trump of criminal acts and the principles of federal prosecution counsel in favor of an indictment, DOJ has no jurisdiction to do anything other than indict. It would be beyond its proper powers to weigh whether indicting would be in the national interest. That is a decision reserved to the president through the power to withhold or issue a pardon.... The Watergate prosecution team raised this point to [Special Prosecutor Leon] Jaworski in 1974, writing in a memo that when 'familiar factors of prosecutorial discretion ... uniformly dictate prosecution,' prosecutors have an obligation to rely on this 'traditional compass' rather than to 'try to make a decision based on a mixture of perceived public sentiment and long-range public policy choices.'" The article is firewalled, and I can't read most of it, but the general principle, outlined in the first few grafs is worth thinking about. Somebody with a NYRB subscription should mail it to Merrick the Unready. And here's something else for Merrick to chew on: ~~~
~~~ Trumpolini Plans to Install a Loyal State. Jonathan Swan of Axios: "Former President Trump's top allies are preparing to radically reshape the federal government if he is re-elected, purging potentially thousands of civil servants and filling career posts with loyalists to him and his 'America First' ideology, people involved in the discussions tell Axios. The impact could go well beyond typical conservative targets such as the Environmental Protection Agency and the Internal Revenue Service. Trump allies are working on plans that would potentially strip layers at the Justice Department -- including the FBI, and reaching into national security, intelligence, the State Department and the Pentagon, sources close to the former president say.... The heart of the plan is derived from an executive order known as 'Schedule F.' developed and refined in secret over most of the second half of Trump's term and launched 13 days before the 2020 election.... [The plan] It would effectively upend the modern civil service, triggering a shock wave across the bureaucracy." ~~~
~~~ Paul Campos, in LG&$, finds Swan's report "pretty terrifying": "Maybe this story will come across Merrick Garland's desk as he continues his very very very very very very meticulous investigation of whether Donald Trump and his top lieutenants should be held legally responsible in some way for their actions between November of 2020 and January of 2021. One thing that investigation ought to take into account is that the coup attempt is very much ongoing, and if Trump is re-elected, or 're-elected,' it will succeed. At which point there will be no more investigations, except those conducted by Trump loyalists of the countless traitors in our midst. One of these traitors is going to be Merrick Garland, of course."
Michelle Goldberg of the New York Times: The House January 6 committee is "crafting a story about Jan. 6 as a battle between Republican heroism and Republican villainy. It seems intended to create a permission structure for Trump supporters to move on without having to disavow everything they loved about his presidency, or to admit that Jan. 6 was the logical culmination of his sadistic politics.... There is a difference, however, between a smart narrative and an accurate one. In truth, you can't cleave Trump and his most shameless antidemocratic enablers off from the rest of the Republican Party, because the party has been remade in his image.... Whatever they say now, the witnesses who worked for Trump enabled his mounting authoritarianism."
Marie: Donald Trump sits for friendly interviews quite often. Since Trump can do no wrong, why doesn't one of the friendly interviewers just ask him, "What were you doing during those 187 minutes?"?? The answer could be newsworthy.
A Bad Day for a Couple of Trumpettes
That Didn't Take Long. Devlin Barrett, et al., of the Washington Post: "Stephen K. Bannon, the right-wing podcaster and longtime confidante of ... Donald Trump, was convicted Friday of contempt of Congress for his refusal to provide documents or testimony to a House committee probing the Jan. 6, 2021 attack. The trial, which lasted a week and only featured two witnesses, tested a rarely-used criminal statute meant to ensure that people comply with congressional subpoenas. Earlier this month as he prepared for trial, Bannon had vowed to go 'medieval' on his enemies. But most of his legal arguments were rejected by the trial judge, and Bannon ended up calling no witnesses.... The jury deliberated for just two and a half hours before announcing its verdict.... U.S. District Judge Carl J. Nichols scheduled sentencing for Oct. 21. Each of the two misdemeanor charges is punishable by at least 30 days and up to one year in jail." (Also linked yesterday afternoon.) The Guardian's report is here.
Katie Benner of the New York Times: "A disciplinary board is moving to penalize Jeffrey Clark, the former Justice Department official who worked to undo the results of the 2020 election, including the possibility of disbarment. A complaint filed this week by the D.C. Bar's Office of Disciplinary Counsel, which governs lawyers in Washington, accused Mr. Clark of interfering in the administration of justice in his bid to keep ... Donald J. Trump in power." The Law & Crime story, which broke the news, is here.
Lateshia Beachum of the Washington Post: "A Pennsylvania woman who entered the U.S. Capitol during the Jan. 6, 2021, riot and later recorded herself saying she wanted to shoot House Speaker Nancy Pelosi 'in the frigging brain' has been sentenced to 60 days behind bars. Dawn Lee Bancroft, 59, of Doylestown was also sentenced to three years probation and 100 hours of community service and ordered to pay a restitution of $500.... Bancroft, however, was never charged with making a threat.... In May, Bancroft won a primary race to be the Republican candidate for committeeperson in Doylestown Borough's 2nd District." MB: You can see how civic-minded Bancroft is.
Michael Kunzelman of the AP: "A far-right internet personality pleaded guilty Friday to joining the mob that stormed the U.S. Capitol, where he streamed live video that incriminated him and other rioters, according to a court filing. Anthime Gionet, known as 'Baked Alaska' to his social media followers, faces a maximum sentence of six months imprisonment after pleading guilty to a misdemeanor count of parading, demonstrating or picketing inside a Capitol building. U.S. District Judge Emmet Sullivan is scheduled to sentence Gionet on Jan. 12, 2023." ~~~
~~~ Marie: I don't understood why it should take six months to sentence someone for a misdemeanor. Why, this guy died (by his own hand) while awaiting sentencing: ~~~
~~~ John Beauge of the (Harrisburg, Pa.) Patriot-News: "A Lycoming County man awaiting sentencing for illegally entering the U.S. Capitol on Jan. 6, 2021, has died. The death Wednesday of Mark R. Aungst, 47, of South Williamsport, was ruled a suicide, Coroner Charles E. Kiessling Jr. said.... Aungst and co-defendant Tammy A. Bronsburg, who pleaded guilty to the same charge, traveled by bus to Washington on Jan. 6, 2021 for President Trump's 'stop the steal' rally. They then joined others and marched to the Capitol. [They entered the building together & took photos & videos on their cell phones.]... Neither assaulted a police officer nor stole or damaged government property, the prosecutor had said at a previous court proceeding."
The New York Times is running I-was-wrong "confessionals" by its columnists. Here's one: ~~~
~~~ Michelle Goldberg of the New York Times: "By the time [Sen. Al] Franken [D-Minn.] resigned, eight women had accused him of either groping or trying to forcibly kiss them. Even if you dismiss [the initial complaint of sexual harassment], it seems to me overwhelmingly likely that he acted in a way that left women who'd admired him confused and humiliated. Nevertheless, I regret calling for Franken to resign without a Senate investigation..... Carried away by the furious momentum of #MeToo, I let myself forget that transparent, dispassionate systems for hearing conflicting claims are not an impediment to justice but a prerequisite for it.... Senator Kirsten Gillibrand's 2020 presidential campaign was derailed in part by bitterness about the role she played in pushing Franken out."
Linda Greenhouse of the New York Times: "It was not constitutional analysis but religious doctrine that drove the opposition to Roe. And it was the court's unacknowledged embrace of religious doctrine that has turned American women into desperate refugees fleeing their home states in pursuit of reproductive health care that less than a month ago was theirs by right. To be sure, the Supreme Court has not outlawed abortion. Justice Samuel Alito left that dirty work to the states...[.] Justice Alito actually had the gall to write that 'we do not pretend to know how our political system or society will respond to today's decision.'... Justice Alito took pains to present the majority's conclusion as the product of pure legal reasoning engaged in by judges standing majestically above the fray...."
Annie Palmer of CNBC: "Amazon is acquiring One Medical for $18 a share, an all-cash deal that values the primary health-care provider at roughly $3.9 billion, the companies said Thursday.... One Medical, which went public in 2020, operates a network of boutique primary-care practices, and also offers a range of telemedicine services." (Also linked yesterday afternoon.)
The New York Times' live updates for Covid-19 developments Friday are here. They include news about President Biden's progress. (Also linked yesterday afternoon.)
Beyond the Beltway
California. Veronica Stracqualursi of CNN: "California Gov. Gavin Newsom on Friday signed a bill into law that allows private citizens to bring civil action against anyone who manufactures, distributes, transports or imports assault weapons or ghost guns, which are banned in the state. California Senate Bill 1327 is modeled after a Texas law that allows private citizens to bring civil litigation against abortion providers or anyone who assists a pregnant person in obtaining an abortion after as early as six weeks of pregnancy. The US Supreme Court in December allowed Texas' six-week abortion ban to remain in effect, which prompted Newsom, who has been supportive of abortion rights and pro-gun control, to say he was 'outraged' by the court's decision and direct his staff to draft a similar bill to regulate guns."
Despite the fact that voter fraud is rare, there are a few of innovative ways to commit it. Now, I'm not saying this is what happened in Colorado. Not saying that at all. But let's say your spouse tells you she is going to vote for a candidate you don't like. You have a little discussion about it, but she won't budge. So, okay, you kill her, then when her ballot comes in the mail, you fill it out with your favorite candidate and send it in. ~~~
~~~ Colorado. Neil Vigdor of the New York Times: Barry Morphew, "the husband of a Colorado woman [Suzanne Morphew,] who has been missing for more than two years, pleaded guilty on Thursday to casting her mail-in ballot for Donald J. Trump during the 2020 election, telling F.B.I. agents [he did so], '... Just because I wanted Trump to win.'... [Suzanne disappeared in May 2020.] Prosecutors charged Mr. Morphew with first-degree murder last year, but then, in April, they dropped all charges against him related to her disappearance after a judge imposed sanctions on them for violating discovery rules." Thanks to Patrick for the link. The AP's report is here. Suzanne went missing on Mothers Day.
Maryland Gubernatorial Race. Reid Epstein of the New York Times: "Wes Moore, a celebrity author and former nonprofit executive who campaigned as a political outsider, has won the Democratic primary for governor of Maryland. Three days after voting concluded, The Associated Press declared Mr. Moore the winner late Friday.... Mr. Moore, a best-selling author who for a time hosted a show on Oprah Winfrey's cable network, cast himself as a dynamic newcomer in a race in which his top rivals were all veterans of Maryland or national politics. In addition to an endorsement from Ms. Winfrey, he had the backing of the Democratic leaders of both chambers of the Maryland legislature and three members of the state's congressional delegation -- a strong showing for a first-time candidate. Mr. Moore, who would become Maryland's first Black governor if he wins, will be a heavy favorite in the general election against Dan Cox, a Republican state legislator who was endorsed by former President Donald J. Trump. Mr. Cox has amplified an array of election conspiracy theories, and during the Jan. 6, 2021, attack on the Capitol, he called Vice President Mike Pence 'a traitor.'"
New York. Nicholas Fandos, et al., of the New York Times: "An attempted assault on Representative Lee Zeldin, the Republican candidate for governor of New York, inflamed a fierce debate over the state's public safety laws on Friday, hours after a man accused of charging the candidate with a pointed weapon was released without bail. Mr. Zeldin has long made public safety a centerpiece of his campaign against Gov. Kathy Hochul, a Democrat. But he and his allies argued on Friday that the episode viscerally drove home the need to increase policing and tighten New York's bail laws to make it easier for judges to hold people charged with certain crimes.... Since 2020, under New York law, judges have been barred from setting bail on the charge of attempted assault...." ~~~
~~~ Marie: How is it attempted assault when the assailant lays hands on a victim? I supposed this is a codified definition. If not, it's a charging error. In fact, the reporters write, "In [this] case..., the Monroe County district attorney could have chosen to charge him with a violent felony, which would have qualified the case for potential bail, and pushed to keep him behind bars." In my view, an assailant need not succeed in doing bodily harm to have committed an assault.
Texas. Rebekah Riess & Tina Burnside of CNN: "Former sports star Bo Jackson covered all funeral expenses for the families of the victims of the Uvalde school massacre 'so they would have one less thing to worry about as they grieved,' according to a statement from Texas Gov. Greg Abbott. Uvalde Mayor Don McLaughlin told CNN that Jackson flew in and presented a check for $170,000 to Abbott while in Uvalde to cover the expenses."
Way Beyond
Ukraine, et al.
The New York Times' live updates of developments Saturday in Russia's war on Ukraine are here.
Ayse Wieting & Suzan Fraser of the AP: "Russia and Ukraine signed separate agreements Friday with Turkey and the United Nations clearing the way for exporting millions of tons of desperately needed Ukrainian grain -- as well as Russian grain and fertilizer -- ending a wartime standoff that had threatened food security around the globe. The deal will enable Ukraine -- one of the world's key breadbaskets -- to export 22 million tons of grain and other agricultural products that have been stuck in Black Sea ports due to Russia's invasion. U.N. Secretary General Antonio Guterres called it 'a beacon of hope' for millions of hungry people who have faced huge increases in food costs." (Also linked yesterday afternoon.)
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Reader Comments (10)
Bannon stated that he will stay with Dumpsterman and the Constitution. That is very odd, not the former, but the latter-- I thought he was for burning down the government entirely...so how can he claim he is driven by the Constitution? Speaking of "burning down" as I just did, I did attempt to read that Axios article last night, and it was too horrifying to dig into. It infuriates me that, as usual, the Democrats will have no ammunition, no zeal, no protections of any kind for any of us. I know I am anticipatory, but I have zero faith in any of our institutions being able to withstand the reappearance of a criminal despotic "king" and his "courtiers" bringing a guillotine to a knife fight. It's pretty much a done deal unless the Dems get off their butts and fight on a new level. We need fiery rhetoric and real solutions and many indictments now. Haha-- like that will happen--
Rule of law unfair to traitors! Waaaahhhh…
So here we go again. Poor, poor, Alan Dershowitz (who can’t seem to wangle an invitation to a single cocktail party on Martha’s Vineyard, damn Democrats!), brave defender of the konstitooshun, went on that sterling avatar of journalistic integrity and…um, something, something, something, Newsmax (the “max” part is true, not sure about the “news” part, probably should be called Dungmax) to whine that that nice man, Three Shirt Steve Bannon, got screwed.
It was impossible for him to get a fair trial, Dersh dished to Greta Van Susteren, whose stock continues the deep dive into the confederate toilet, because DEMOCRATS! There are too many Democrats in DC! Unfair!
The host agreed, stating (falsely, natch) that DC is ‘bout 94% Demycrap! The 2021 statistics (ie, facts) say 76%, but 94 sounds so much better to the traitors who are kept in a perpetual state of eye-bulging outrage by this constant stream of fabricated crap.
Dersh whines that of COURSE evil and unfair Democrats (the same type who don’t invite him to their stinky parties on the Vineyard) would never see the truth and say “Not Guilty, nice Steve Bannon!” cuz they all hate Dershy’s buddy Trumpolini.
Okay. So what ‘ol Alan is claiming here is that it’s impossible for anyone to get a fair trial anywhere in the country unless there are at least six jurors who will automatically side with the defendant, or something close to that idea.
Soooo…what about the Trump supremes? Doesn’t that make it impossible to get a fair trial if you’re being judged by a majority of theocratic traitors who find precedence, rule of law, and democracy anathema to their power grabs?
Oh, but wait! That’s different!
Over on Fox, the report was that Bannon got screwed because one of the witnesses for the prosecution works for the Jan 6 committee. Unfair!!
They don’t get to the part where Bannon was subpoenaed and gave the committee the finger. No witness was really needed. And the defense could have called as many witnesses as they wanted to defend little Stevie. But…they called no one. They had nothing. This asshole was guilty. Go straight to jail, do not collect $200.
But, as usual, in right wing world, it’s never fair unless they win.
And get to go to stinky cocktail parties. On the Vineyard. Harrumph!
AK: I wrote about Ders-a -witch this week and gave a link to an exchange with Adam Chotiner who looked up everything Alan said about being shunned by the usual haunts that he frequents and gives speeches and found none of these places had ever had any recent exchanges with Alan. So––-here is a guy who drips and drabs and presents himself as the victim. and let's not forget he denied being involved in Jeffery Epstein's Fornication Island although two witnesses said otherwise.
Jeanne: I hear you––-but let's not give Dems short shrift–--from what I'm hearing they are putting their muscle to the metal even though they get little help from the other side. The Jan.6 hearings have been extraordinary. I simply cannot let go of "wrongs will be made right" in the end. But then––- I was brought up reading fairy tales in which the witches were reduced to puddles and sinister ruffians were burned or dragged through the streets at the end of a really fast horse.
Here's the link to the NYRB piece that maybe will not be cut.
https://www.nybooks.com/daily/2022/07/22/the-attorney-generals-choice/
Bernie Gunther, sitting in an infested cell, rememdered reading,"It is said that human beings will never starve on this planet if they can learn how to eat a cockroach."Our response to global warming indicates that the new world will be populated by hunter gatherers down from the artic and cockroach eaters .
Phillip Kerr, ' If the dead risew not"
Carlyle,
And Bernie understood the perils of trying navigate through a fascist state. Better that we all learn the necessary skills. Weimar Garland doesn’t seem interested in helping fend that shit off.
And speaking of fascist states…
The Trumpy State of Okla-fucking-homa has gone full fascist. Not only can’t you get an abortion there, if you’re a librarian, you can’t even say the word. If you do, you lose your job, get fined $10,000, and go to jail.
Freedom of speech is only for the traitors.
What’s next? Thought police? “I’m sure the people next door are thinking about stuff the state has deemed illegal, like voting by mail, fair elections, abortion, global warming, and economic equality! Call the Thought Police! Lock them up!”
https://www.vice.com/en/article/4axwqw/oklahoma-threatens-librarians-dont-use-the-word-abortion
Libraries in Oklahoma? Who knew?
I've been going to our local library for about 40 years and have yet
to hear any librarian discuss or say the word abortion. Lots of
gardening talk in the summer and exchanging seeds. Hope that's O.K.
@PD Pepe: The link you provided is same link I used above. (You can tell what URL I've linked by hovering on the text that carries the link. Your browser should flash the full URL/link address somewhere on your screen -- shows up in the bottom right-hand corner of mine.) I tried accessing the page from Google by typing in key words -- that sometimes works because Google has deals with some publications -- but I got the same results. You have to have a subscription to read the whole article. (Sometimes publications will release articles after a period of time, so that maybe in, say, three months, the article will be readable to nonsubscribers. I don't know about NYRB.)
Just finished reading Part 2 of the Axios "schedule F" story and it is chilling. We've all known a second term would be a revenge tour but this looks more like Shermans "March to the Sea".
Only difference is he's destroying his own country".