May 3, 2022

Late Morning/Afternoon Update:

Olafimihan Oshin of the Hill: "Former President Obama and former first lady Michelle Obama issued a strong statement criticizing the draft Supreme Court opinion knocking down the Roe v. Wade decision, saying it would limit U.S. freedoms just like other past actions by the court. 'Today, millions of Americans woke up fearing that their essential freedoms under the Constitution were at risk,' the couple said in the joint statement on Tuesday. 'If the Supreme Court ultimately decides to overturn the landmark case of Roe v. Wade, then it will not only reverse nearly 50 years of precedent -- it will relegate the most intensely personal decision someone can make to the whims of politicians and ideologues,' the Obamas added."

President Biden addresses the implications of Alito's draft decision:

John Kruzel of the Hill: "Chief Justice John Roberts on Tuesday directed the marshal of the Supreme Court to launch an investigation into the source of a leaked draft opinion showing that a majority of justices were poised to overturn Roe v. Wade. 'This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here,' Roberts said in a press release that verified the authenticity of the document published Monday evening by Politico." Update: A CNN report is here. ~~~

     ~~~ As unwashed pointed out in today's Comments, Marcy Wheeler, with a little help from Joan Biskupic & Stephen Collinson of CNN, has speculated on Roberts' Machieavellian motives in this "shit-show." According to Collinson, "Roberts is willing ... to uphold the Mississippi law that would ban abortion at 15 weeks of pregnancy...." So the game, Wheeler writes, is that by leaking Alito's radical opinion, "Roberts is trying to get his colleagues to adopt a less radical opinion."

Here's a scathing joint statement from Nancy Pelosi & Chuck Schumer. They write, in part, "Several of these conservative Justices, who are in no way accountable to the American people, have lied to the U.S. Senate, ripped up the Constitution and defiled both precedent and the Supreme Court's reputation -- all at the expense of tens of millions of women who could soon be stripped of their bodily autonomy and the constitutional rights they've relied on for half a century."

President Biden has released a statement responding to the purported draft decision overturning Roe v. Wade. He says, in part, "I believe that a woman's right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned." ~~~

Last night's stunning breach was an attack on the independence of the Supreme Court. By every indication, this was yet another escalation in the radical left's ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law. -- Mitch McConnell, in a statement designed to distract from his pivotal part in the plot not only to overturn Roe v. Wade but also to undermine the courts by further politicizing them ~~~

is live-updating reactions to the leaked Alito opinion.

Eric Lipton of the New York Times: "The Trump family business and ... Donald J. Trump's 2017 inauguration committee have jointly agreed to pay $750,000 to settle a lawsuit filed by the attorney general for the District of Columbia, who claimed that the Trump International Hotel in Washington illegally received excessive payments from the inauguration committee. The settlement in the civil suit came with no admission of wrongdoing by the Trump Organization, the former president or the inaugural committee." MB: Well, of course it did.

New York. Luis Ferré-Sadurní & Nicholas Fandos of the New York Times: "Gov. Kathy Hochul announced on Tuesday she had chosen Representative Antonio Delgado, a Democrat from the Hudson Valley, as her new lieutenant governor, the second-highest ranking position in New York State. Mr. Delgado is expected to serve as Ms. Hochul's running mate as she campaigns for a full term this year. He will replace former Lt. Gov. Brian Benjamin, who was indicted on federal bribery charges last month, leading to his abrupt resignation. A group of New York Democrats empowered with formally replacing Mr. Benjamin endorsed the choice of Mr. Delgado, 45, as Ms. Hochul's running mate Tuesday morning, ensuring that he will be on the ballot in June's party primary, according to three people familiar with the process."

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If you think The Handmaid's Tale is "just fiction," you have not accounted for Sam & the Supremes: ~~~

~~~ ** Josh Gerstein & Alexander Ward of Politico: "The Supreme Court has voted to strike down the landmark Roe v. Wade decision, [link fixed] according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by Politico. The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision -- Planned Parenthood v. Casey -- that largely maintained the right. 'Roe was egregiously wrong from the start,' Alito writes. 'We hold that Roe and Casey must be overruled,' he writes in the document, labeled as the 'Opinion of the Court.' 'It is time to heed the Constitution and return the issue of abortion to the people's elected representatives.'" ~~~

     ~~~ ** Politico has published the draft ruling here. This is the first time a draft ruling ever has been leaked to the public. ~~~

     (BUT. James Robenalt of the Washington Post: "... the result in Roe v. Wade itself was leaked by a Supreme Court clerk to a Time magazine reporter in January 1973. The issue of Time, with an article titled 'The Sexes: Abortion on Demand,' appeared on newsstands hours before the decision was announced by Justice Harry Blackmun." The leaker was Larry Hammond, who clerked for Justice Lewis Powell.) ~~~

     ~~~ Gerstein pulls out "10 important passages in the draft opinion." ~~~

     ~~~ Marie: Some day, somebody will zero in on the precise day the United States shifted from a democratic republic to an authoritarian kakistocracy. In the meantime, the day this decision comes down will be a benchmark in our decline. When up to half of Americans who are of school and working age again are constrained from determining their own freedom to attend school & establish careers, we can no longer consider this country a democratic republic. The ruling, of course, also will have profound effects on women's partners. ~~~

      ~~~ Because Earlier That Same Day. Caroline Kitchener of the Washington Post: "Leading antiabortion groups and their allies in Congress have been meeting behind the scenes to plan a national strategy that would kick in if the Supreme Court rolls back abortion rights this summer, including a push for a strict nationwide ban on the procedure if Republicans retake power in Washington. The effort, activists say, is designed to bring >a fight that has been playing out largely in the courts and state legislatures to the national political stage -- rallying conservatives around the issue in the midterms and pressuring potential 2024 GOP presidential candidates to take a stand." ~~~

     ~~~ Update: In discussing the draft opinion, Rep. Jamie Raskin (D-Md.), who is a Constitutional scholar, noted that Alito's opinion is framed in such a way that the landmark 1965 Griswold v. Connecticut decision -- which protected married couples' right to use contraception -- also would fall. Raskin further noted that wingers are opposed to contraception, too, so it's likely a GOP-controlled Congress would attempt to outlaw most forms of contraception. AND, as Lawrence O'Donnell said last night, this will be the first time in most of our lifetimes that the Supreme Court has taken away a Constitutional right. (This would not be true for me, because about six weeks after my birth, the Supremes handed down Korematsu v. U.S., which validated the internment without cause of Japanese-Americans.)

A Washington Post story, by Robert Barnes & Mike DeBonis, is here.

Under an online banner headline this morning that at least temporarily has thrown the war in Ukraine off the top of the page, the New York Times is live-updating reactions to the Alito draft.

Instant Demonstration. Zach Montague of the New York Times: "Just hours after reports emerged that a majority of justices had voted to strike down Roe v. Wade..., scores of protesters began to assemble outside the Supreme Court, flowing into the area well into the early morning hours on Tuesday. The mood outside the court was a mix of anger and mourning, with some demonstrators sitting silently in front of a long line of candles, while others formed a roving circle, shouting defiant chants about the news."

Scott Lemieux in LG&$: "Whoever leaked this is a hero, and the more the Court become demystified in general the better. Interesting to assign the opinion to Alito rather than ACB; they just don't give a fuck any more and don't need to. The opinion is incredibly thin and unpersuasive -- Alito actually used the junior high school debate society 'durr, the Constitution does not mention the word "abortion," durr' argument twice in the first few grafs of the opinion. It even starts like a bad generic freshman essay: 'The debate about abortion is as old as the history of history itself.'... It's also worth noting that Alito's incredibly narrow conception of due process would logically require all of the major privacy cases to be overruled[.]" Lemieux also notes that the Alito rationale would signal the reversal of the Obergefell & Lawrence decisions. So gay rights, gay marriage -- out! ~~~

     ~~~ Marie: In fairness to Sam, extreme disdain for women is not a likely indicator of intellectual rigor.

Jill Filipovic in a Substack post: "This case, contrary to what the Court claims, won't push abortion back to the states. It's going to open up a whole circus of restrictions, court battles, and pitched fights. And in the meantime, thousands and thousands of women will be forced into motherhood against their will. Some won't live through it. And three members of this Supreme Court majority were appointed by a president who didn't win a majority of the vote, claims the last election was rigged, and attempted to stage a coup.... So here's what we know is coming if Roe goes, from a wealth of research on what happens when women are denied abortions...: Maternal mortality rates will go up (by as much as 21%, according to one estimate).... More women will die at the hands of men.... Women will wind up poorer.... Kids will do worse.... More women will be abused and for longer.... Women will go to jail. Contraception access will be at risk.... Women will be less free." ~~~

     ~~~ As Lawrence O'Donnell noted last night, thanks to our peculiar way of electing presidents, none of the so-called justices who will likely vote to repeal Roe was nominated by a president* who won a majority of the vote. Alito & Roberts are Dubya appointees, and Filipovic has already mentioned the Three Dancing Trumpettes. What we have here then is minority rule. On everything. Update: Oops! Thomas was appointed by Bush I, who did win a majority of votes in 1988. (In 1992, when Bush I lost to Clinton in a three-way race, he got only 37.4% of the popular vote.)

The New York Times' live updates of developments Tuesday in Russia's war on Ukraine are here: "Despite early-morning shelling, the halting evacuation [from Mariupol], overseen by the Red Cross and the United Nations, was seen as the best and possibly last hope for hundreds of civilians who have been trapped for weeks in bunkers beneath the wreckage of the Azovstal steel plant, and an unknown number who are scattered around the ruins of the mostly abandoned city.... Heavy fighting in the eastern Donetsk and Luhansk regions has yielded minimal gains for the forces of President Vladimir V. Putin of Russia, Western officials say. But the Russians continued to fire rockets and shells at Ukrainian military positions, cities, towns and infrastructure along a 300-mile-long front, including bombarding the Azovstal plant, where the last remaining Ukrainian fighters in Mariupol are hunkered down. On Monday, Ukraine said it had used Turkish-made drones to destroy two Russian patrol vessels off the Black Sea port of Odesa, just before Russian missiles struck the city, causing an unknown number of casualties and damage to a religious building." ~~~

     ~~~ The Washington Post's live updates for Tuesday are here:"Moscow is preparing to annex vast new swaths of Ukrainian territory -- the eastern regions of Donetsk and Luhansk, along with the southern city of Kherson -- in the coming days, U.S. intelligence indicates. Yet Russian troops suffering from poor morale and 'casualty aversion' are making 'anemic' advances in their attempt to seize the eastern Donbas region, according to the Pentagon." ~~~

     ~~~ Marie: I'm not sure what "casualty aversion" is. Is it an aversion to killing & maiming Ukrainians or Pentagonese for "a will to live"?

Tuesday is primary election day in Ohio & Indiana. Jill Colvin & Julie Smyth of the AP: "Ohio Republicans will vote Tuesday in one of the most contentious and closely watched Senate primaries in the U.S., deciding a race that is an early referendum on ... Donald Trump's hold on the GOP as the midterm primary season kicks into high gear.... The winner [of the Republican primary] is likely to face 10-term Democratic Rep. Tim Ryan, who has distanced himself from the progressive wing of his party ahead of what is expected to be a brutal year for Democrats seeking to hold their congressional majorities." ~~~

~~~ Gabby Orr of CNN has a story on the Ohio primary, which focuses on U.S. Senate GOP candidate J.D. Vance (or whatever his name is).

Annie Karni of the New York Times: "... Senator Dianne Feinstein, the trailblazing Democratic power broker who has served in the Senate for 30 years, is far from the towering presence she once was on the American political stage. At 88, Ms. Feinstein sometimes struggles to recall the names of colleagues, frequently has little recollection of meetings or telephone conversations, and at times walks around in a state of befuddlement -- including about why she is increasingly dogged by questions about whether she is fit to serve in the Senate representing the 40 million residents of California, according to half a dozen lawmakers and aides who spoke about the situation on the condition of anonymity.... Some of them said they did not expect her to serve out her term ending in 2024 under the circumstances, even though she refuses to engage in conversations about stepping down.... In the United States Senate, there is a long tradition of powerful men who have failed to move onto anything else, even long after it was glaringly apparent that they could no longer function on their own."

Marianna Sotomayor, et al., of the Washington Post: "Since taking office nearly 16 months ago, Rep. Madison Cawthorn (R-N.C.) has been accused of many things.... For now, Cawthorn hasn't faced any major consequences on the Hill.... Although House Republicans have dutifully tried to present a united front, especially as regaining the majority in the midterm election this fall seems in reach, a growing number have publicly expressed their dismay with Cawthorn's behavior -- and, privately, several Republicans have said they hope voters in Cawthorn's district penalize him in the May 17 Republican primary so Cawthorn's colleagues don't have to do something themselves."

... The Pleasure of Your Company... Rebecca Beitsch of the Hill: "The House committee investigating the Jan. 6 attack on the Capitol is seeking voluntary testimony from three additional members of Congress who appeared to have some coordination with rioters and efforts to block President Biden's electoral victory both before and after the attack. The letter to Rep. Mo Brooks (R-Ala.) notes that former President Trump asked him to help keep him in office even after Jan. 6. A letter to Rep. Andy Biggs (R-Ariz.) references his involvement in discussions to secure presidential pardons in connection with efforts to unwind the 2020 election. It also focuses on his involvement in planning for Jan. 6, both in meetings at the White House and with 'Stop the Steal' organizers, and his coordination with state legislators. And a letter to Rep. Ronny Jackson (R-Texas), Trump's former White House doctor, points to exchanges between members of the far-right Oath Keepers militia group citing the need to protect the lawmaker." (Also linked yesterday afternoon.) The New York Times story is here.

Gloria Borger, et al., of CNN: "The Trump family's cooperation with the House select committee investigating the January 6, 2021, attack on the US Capitol -- and Ivanka Trump's appearance in particular -- has proven useful in confirming other key testimony about the state of play inside the White House as well as ... Donald Trump's state of mind that day. In a recent exclusive interview with CNN, committee Chairman Bennie Thompson gave the most extensive account yet of the testimony behind closed doors. 'There were questions asked about what was she doing at the time that the insurrection was occurring at the Capitol, and she told us,' the Mississippi Democrat said of Ivanka Trump. Investigators 'asked certain questions about her awareness of what her father was doing. She told us.'... He said [Ivanka & her husband Jared Kushner] did corroborate critical testimony from others who said the then-President was reluctant to try to call off the rioters despite being asked to do so."

Alan Feuer of the New York Times: "A former New York City police officer who claimed he was acting in self-defense when he swung a metal flagpole at a fellow officer during the attack on the Capitol last January was convicted on Monday of all charges, including assault. The former officer, Thomas Webster, was the first person charged in connection with the riot to defend himself at trial by claiming that the officers protecting the Capitol on Jan. 6, 2021, had used excessive force against the pro-Trump mob that stormed the building. The guilty verdict in the case -- returned within two hours on the first full day of deliberations -- could give pause to other defendants planning to use similar arguments at their own trials.... Videos played by the prosecution ... show[ed] Mr. Webster emerging from the crowd and berating officers at the barricades in a state of foul-mouthed rage. Mr. Webster could be seen in the videos repeatedly pushing at the barricades, then swinging a flagpole at [Metropolitan Police] Officer [Noah] Rathbun before he shoved through the police line and tackled the officer." Webster once served on former New York City Mayor Michael Bloomberg's protective force. Marie: Look at the photo of Webster accompanying the story & tell me if you think you could prevail in hand-to-hand combat with him.

Ryan Reilly of NBC News: "A military veteran from Georgia who attacked police officers at the U.S. Capitol as part of a pro-Trump mob trying to overturn the 2020 election results was sentenced to more than two years in federal prison Monday. Kevin Creek, 47, a former Marine, was sentenced to 27 months in prison by U.S. District Judge Dabney L. Friedrich for assaulting officers on Jan. 6. Creek was arrested in June and pleaded guilty in December, when he admitted to striking a Washington police officer in the hand, pushing a Capitol Police officer and kicking the same officer."

"I Just Want to Find 11,780 Votes." Richard Fausset of the New York Times: The "investigation into whether [Donald Trump] and his allies illegally interfered with Georgia's 2020 election results took a significant step forward on Monday, as 23 people were chosen to serve on a special investigative grand jury. The panel will focus exclusively on 'whether there were unlawful attempts to disrupt the administration of the 2020 elections here in Georgia,' Judge Robert C.I. McBurney of the Fulton County Superior Court told 200 potential jurors who had been called to a downtown Atlanta courthouse swarming with law enforcement agents.... The panel will have up to a year to issue a report advising District Attorney Fani T. Willis on whether to pursue criminal charges.... ~~~

~~~ “In addition to the call with [Georgia Secretary of State Brad] Raffensperger [in which Trump asked Raffensperger to find enough votes to flip the state's election results], Mr. Trump has publicly described how he called Gov. Brian Kemp after the election and asked him to call a special election to 'get to the bottom' of 'a big election-integrity problem in Georgia.' Mr. Trump also called Chris Carr, the state attorney general, asking him not to oppose a lawsuit challenging the election results in Georgia and other states, and Mr. Raffensperger's chief investigator, asking her to find 'dishonesty' in the election.'"

Mike Allen of Axios: "Former Defense Secretary Mark Esper charges in a memoir out May 10 that former President Trump said when demonstrators were filling the streets around the White House following the death of George Floyd: 'Can't you just shoot them? Just shoot them in the legs or something?'... That moment in the first week of June, 2020, 'was surreal, sitting in front of the Resolute desk, inside the Oval Office with this idea weighing heavily in the air, and the president red faced and complaining loudly about the protests under way in Washington, D.C.,' Esper writes.... The book was vetted at the highest levels of the Pentagon. I'm told that as part of the clearance process, the book was reviewed in whole or in part by nearly three dozen 4-star generals, senior civilians, and some Cabinet members. Some of them had witnessed what Esper witnessed." (Also linked yesterday afternoon.)

Adam Liptak of the New York Times: "The Supreme Court unanimously ruled on Monday that the city of Boston had violated the First Amendment when it refused to let a private group raise a Christian flag in front of its City Hall. One of the three flagpoles in front of the building, which ordinarily flies the flag of Boston, is occasionally made available to groups seeking to celebrate their backgrounds or to promote causes like gay pride. In a 12-year period, the city approved 284 requests for the third flag. It rejected only one, from Camp Constitution, which says it seeks 'to enhance understanding of our Judeo-Christian moral heritage.' The group's application said it sought to raise a 'Christian flag' for one hour at an event that would include 'short speeches by some local clergy focusing on Bosto's history.' The flag bore the Latin cross." CNN's report is here. (Also linked yesterday afternoon.)

Ken Meyer of Mediaite: "NBC News announced that they had unearthed repeated acts of plagiarism in their reports, and they are taking steps to address it. NBC posted a public statement about the matter on Monday, explaining that 11 instances of improper sourcing were detected, and editor's notes have been attached to the stories involved.... NBC's statement does not identify the offending reporter, nor any repercussions they may have received. Mediaite heard from a source within NBC News, however, who confirmed the reporter is former politics writer Teaganne Finn, who is 'no longer with NBC News.'"

The New York Times' live updates of Covid-19 developments Tuesday are here: "Vice President Kamala Harris received a negative result on a rapid antigen test for the coronavirus on Monday, clearing her return to the White House on Tuesday, her office said."

Beyond the Beltway

New York. Nicholas Fandos of the New York Times: "With the balance of the House of Representatives at stake, national Democrats made an 11th-hour appeal to a federal court on Monday to intervene in New York's heated redistricting dispute, hoping to reinstate House maps thrown out by the state's highest court last week. In a 17-page complaint, they argued that there simply was not enough time to implement the order from the State Court of Appeals for new district lines and still comply with a longstanding federal court order meant to protect the rights of Americans casting ballots from overseas. The Democrats asked a panel of federal judges to exercise its authority to effectively block the state court from enforcing its decision, and instead require New York to hold this year's elections in late June, as originally scheduled, on the map adopted by the Democrat-dominated Legislature."

New York. Grace Ashford of the New York Times: "Brian A. Benjamin, the former New York lieutenant governor who resigned after being indicted on federal bribery charges, will no longer appear on the state Democratic primary ballot after legislation passed on Monday made it possible to remove him. The measure is widely regarded as an accommodation to Gov. Kathy Hochul, who had publicly appealed to Democratic leaders of the Assembly and Senate to change the law, after other efforts to remove Mr. Benjamin from the ballot had stalled. The bill passed by the Senate and Assembly will allow candidates who have been arrested or charged with a misdemeanor or felony after being nominated to be removed from the ballot if they do not intend to serve. Ms. Hochul is expected to sign the bill into law shortly. Mr. Benjamin released a statement on Twitter Monday, saying that he would sign the necessary paperwork to remove his name from the ballot."

Ohio Senate Race. Trump Can't Recall Whom He Endorsed. Martin Pengelly of the Guardian: "Speaking at a rally two days ahead of voting in a heated Republican Senate primary in Ohio, Donald Trump appeared to forget the name of JD Vance, the candidate he has endorsed.... Trump said: 'We've endorsed -- JP, right? JD Mandel, and he's doing great. They're all doing good. They're all doing good. And let's see what happens.' Trump appeared to be confusing JD Vance, a former US marine, author of the bestseller Hillbilly Elegy and venture capitalist, with Josh Mandel, a rival who courted Trump for the endorsement." (Also linked yesterday afternoon.)

Pennsylvania. Jesus Jiménez of the New York Times: "A Philadelphia police officer who was fired after he fatally shot a 12-year-old boy in the back in March has been charged with murder in connection with the shooting, the authorities said Monday. A spokesman for the Philadelphia Police Department confirmed that the former officer, Edsaul Mendoza, was arrested on Sunday. At a news conference on Monday, Larry Krasner, the district attorney of Philadelphia, said that Mr. Mendoza had been charged with first-degree murder and other charges. He was being held without bail, Mr. Krasner said. The boy, Thomas Siderio, was fatally shot on March 1 in the city's Girard Estates neighborhood...." (Also linked yesterday afternoon.)

May 2, 2022

Afternoon Update:

... The Pleasure of Your Company... Rebecca Beitsch of the Hill: The House committee investigating the Jan. 6 attack on the Capitol is seeking voluntary testimony from three additional members of Congress who appeared to have some coordination with rioters and efforts to block President Biden's electoral victory both before and after the attack. The letter to Rep. Mo Brooks (R-Ala.) notes that former President Trump asked him to help keep him in office even after Jan. 6. A letter to Rep. Andy Biggs (R-Ariz.) references his involvement in discussions to secure presidential pardons in connection with efforts to unwind the 2020 election. It also focuses on his involvement in planning for Jan. 6, both in meetings at the White House and with 'Stop the Steal' organizers, and his coordination with state legislators. And a letter to Rep. Ronny Jackson (R-Texas), Trump's former White House doctor, points to exchanges between members of the far-right Oath Keepers militia group citing the need to protect the lawmaker."

Ohio Senate Race. Trump Can't Recall Whom He Endorsed. Martin Pengelly of the Guardian: "Speaking at a rally two days ahead of voting in a heated Republican Senate primary in Ohio, Donald Trump appeared to forget the name of JD Vance, the candidate he has endorsed.... Trump said: 'We've endorsed -- JP, right? JD Mandel, and he's doing great. They're all doing good. They're all doing good. And let's see what happens.' Trump appeared to be confusing JD Vance, a former US marine, author of the bestseller Hillbilly Elegy and venture capitalist, with Josh Mandel, a rival who courted Trump for the endorsement."

Mike Allen of Axios: "Former Defense Secretary Mark Esper charges in a memoir out May 10 that former President Trump said when demonstrators were filling the streets around the White House following the death of George Floyd: 'Can't you just shoot them? Just shoot them in the legs or something?'... That moment in the first week of June, 2020, 'was surreal, sitting in front of the Resolute desk, inside the Oval Office, with this idea weighing heavily in the air, and the president red faced and complaining loudly about the protests under way in Washington, D.C.,' Esper writes.... The book was vetted at the highest levels of the Pentagon. I'm told that as part of the clearance process, the book was reviewed in whole or in part by nearly three dozen 4-star generals, senior civilians, and some Cabinet members. Some of them had witnessed what Esper witnessed."

Adam Liptak of the New York Times: "The Supreme Court unanimously ruled on Monday that the city of Boston had violated the First Amendment when it refused to let a private group raise a Christian flag in front of its City Hall. One of the three flagpoles in front of the building, which ordinarily flies the flag of Boston, is occasionally made available to groups seeking to celebrate their backgrounds or to promote causes like gay pride. In a 12-year period, the city approved 284 requests for the third flag. It rejected only one, from Camp Constitution, which says it seeks 'to enhance understanding of our Judeo-Christian moral heritage.' The group's application said it sought to raise a 'Christian flag' for one hour at an event that would include 'short speeches by some local clergy focusing on Boston's history.' The flag bore the Latin cross." CNN's report is here.

Pennsylvania. Jesus Jiménez of the New York Times: "A Philadelphia police officer who was fired after he fatally shot a 12-year-old boy in the back in March has been charged with murder in connection with the shooting, the authorities said Monday. A spokesman for the Philadelphia Police Department confirmed that the former officer, Edsaul Mendoza, was arrested on Sunday. At a news conference on Monday, Larry Krasner, the district attorney of Philadelphia, said that Mr. Mendoza had been charged with first-degree murder and other charges. He was being held without bail, Mr. Krasner said. The boy, Thomas Siderio, was fatally shot on March 1 in the city's Girard Estates neighborhood...."

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The New York Times' live updates of developments Monday in Russia's war on Ukraine are here: "House Speaker Nancy Pelosi met with President Andrzej Duda of Poland, a key ally, on Monday, as the United States moves to significantly escalate its investment in Ukraine's war effort. The Senate this week will most likely take up President Biden's request for an additional $33 billion in military aid, putting the U.S. on pace to spend more than the annual average it spent on the war in Afghanistan. Ms. Pelosi, whose unannounced visit to Kyiv on Saturday made her the most senior American official to go there since the war began, vowed on Sunday to back Ukraine 'until victory is won.' In Washington, members of Congress from both parties have called for swift approval of Mr. Biden's request for more artillery, antitank weapons and other hardware for Ukraine.... ~~~

~~~ "Russia has struggled to make much progress in its offensive in the separatist east and sent its highest ranking uniformed officer, Gen. Valery Gerasimov, to the front line there late last week, U.S. and Ukrainian officials said.... An evacuation of civilians from Mariupol was underway, according to Ukrainian officials and the United Nations. Officials in the Luhansk and Donetsk regions of eastern Ukraine reported fierce battles as Russian tank columns tried to push into areas that Moscow's forces have pounded with artillery fire." ~~~

     ~~~ The Washington Post's live updates for Monday are here: "In the Ukrainian-held city of Zaporizhzhia, a reception center has been set up for the expected arrival of about 100 evacuees from the besieged Azovstal steel plant in Mariupol. One early arrival on Monday told The Washington Post that the journey, which would usually take three hours, took days due to scores of Russian checkpoints. The agreement to allow civilians a United Nations-backed 'safe passage' to leave the plant comes after weeks of sporadic negotiations. But the chief of the Donetsk regional patrol police told The Post that Russia continued to shell the plant, even though there are still civilians on the factory grounds.... European Union energy ministers will meet in Brussels to discuss the energy crisis, with countries debating a ban on Russian oil. German officials suggested that they would not oppose an embargo and they could end their reliance on Russian crude by late summer." ~~~

     ~~~ The Guardian's live updates for Monday are here. The Guardian's daily summary of war developments is here.

Cara Anna & Inna Varenytsia of the AP: "People fleeing besieged Mariupol described weeks of bombardments and deprivations as they arrived Monday in Ukrainian-held territory, where relief workers awaited the first group of civilians freed from a steel plant that is last redoubt of Ukrainian fighters in the devastated port city. Video posted online Sunday by Ukrainian forces showed elderly women and mothers with small children climbing over a steep pile of rubble from the sprawling Azovstal steel plant and eventually boarding a bus. More than 100 civilians from the plant were expected to arrive in Zaporizhzhia, about 140 miles (230 kilometers) northwest of Mariupol, on Monday, Ukrainian President Volodymyr Zelenskyy said. The evacuation, if successful, would represent rare progress in easing the human cost of the almost 10-week war, which has caused particular suffering in Mariupol." ~~~

     ~~~ Update from CNN's live updates: "A Ukrainian commander inside the Azovstal steel plant in Mariupol said his men experienced a turbulent night after the first batch of evacuees were able to leave the plant on Sunday. 'As soon as the evacuation of civilians was completed yesterday, the enemy began using all kinds of weapons. The night was restless,' said Denys Shleha, commander of the 12th Operational Brigade of the National Guard. 'The [Russian] naval artillery worked on Azovstal from 2 a.m. to 3 a.m. In the morning it became quieter.' It is unclear whether another batch of civilians trapped inside the complex will be able to leave on Monday."

Boris & Natasha, Foiled Again. Olexsandr Fylyppov & Tim Lister of CNN: "Russian troops in the occupied city of Melitopol have stolen all the equipment from a farm equipment dealership -- and shipped it to Chechnya, according to a Ukrainian businessman in the area. But after a journey of more than 700 miles, the thieves were unable to use any of the equipment -- because it had been locked remotely. Over the past few weeks there's been a growing number of reports of Russian troops stealing farm equipment, grain and even building materials - beyond widespread looting of residences. But the removal of valuable agricultural equipment from a John Deere dealership in Melitopol speaks to an increasingly organized operation, one that even uses Russian military transport as part of the heist." Thanks to Ken W. for the link.

Haaretz, Reuters & DPA, published in Haaretz: "Russia's Foreign Minister Sergey Lavrov said Sunday that the fact Ukraine's President Volodymyr Zelenskyy is Jewish does not negate his country's Nazi elements, claiming that Nazi Germany's leader Adolf Hitler also 'had Jewish blood.' According to an interview with Italian media, Lavrov said: 'Zelenskyy is a Jew? Hitler also had Jewish origins ... The greatest antisemites are precisely the Jews.'... The Russian foreign minister also accused the U.S. and Canada of training 'neo-Nazi subdivisions' that are now in the ranks of the Ukrainian army.... Speaking to Army Radio on Monday, Israeli Communications Minister Yoaz Hendel blasted Lavrov's claim that Hitler was Jewish, a theory widely discredited by historians, as 'delusions that are meant to justify the Russians' horrific acts in Ukraine.'" ~~~

     ~~~ Marie: I have no idea if Trump's friend Sergey believes some of the insane stuff he has said since his country attacked Ukraine, but he has moved way past "diplomatic" inaccuracies into the realm of crazy. ~~~

     ~~~ Update. Tia Goldenberger of the AP: "Israel on Monday lashed out at Russia over 'unforgivable' comments by its foreign minister about Nazism and antisemitism -- including claims that Adolf Hitler was Jewish. Israel, which summoned the Russian ambassador in response, said the remarks blamed Jews for their own murder in the Holocaust. It was a steep decline in the ties between the two countries at a time when Israel has sought to stake out a neutral position between Russia and Ukraine and remain in Russia's good stead for its security needs in the Middle East.... In some of the harshest remarks since the start of the war in Ukraine, Israeli Foreign Minister Yair Lapid called Lavrov's statement 'unforgivable and scandalous and a horrible historical error.'... 'Using the Holocaust of the Jewish people as a means to score political points must be stopped immediately,' [Prime Minister Naftali Bennett] said.... Ukraine also condemned Lavrov's remarks."

Sheila Regan & Matt Viser of the Washington Post: "President Biden on Sunday paid tribute to one of his closest friends and mentors, the man who guided him in some of the darkest times in his life, taught him how to be a senator and advised him on the vice presidency. In a 30-minute speech that was at times humorous and other times emotional, Biden called former vice president Walter Mondale 'one of the great giants in American history -- and that's not hyperbole.... He was one of the finest men you've ever known,' Biden said. 'One of the most decent people I've ever dealt with, and one of the toughest, smartest men I've ever worked with.'... Mondale died at age 93 in April 2021, but his funeral was delayed because of the pandemic. He served as a state attorney general, senator and vice president, and later as ambassador to Japan under President Bill Clinton."

Martin Pengelly of the Guardian: "The House committee investigating the January 6 attack on the US Capitol will decide 'in the next week or two' whether to issue subpoenas trying to force Republican lawmakers to testify about Donald Trump's attempt to overturn the 2020 election, [Adam Kinzinger,] one of two Republicans on the panel said on Sunday.... The Illinois congressman also told CBS's Face the Nation public hearings planned for June will aim to 'lay the whole story out in front of the American people ... because ultimately, they have to be the judge' of Trump's attempt to hold on to power." Kingzinger had a few choice words about Miss Margie, too. ~~~

~~~ Farnoush Amiri of the AP: "... a batch of startling evidence ... shows the deep involvement of some House Republicans in Trump's desperate attempt to stay in power. A review of the evidence finds new details about how, long before the attack on the Capitol unfolded, several GOP lawmakers were participating directly in Trump's campaign to reverse the results of a free and fair election. It's a connection that members of the House Jan. 6 committee are making explicit as they prepare to launch public hearings in June.... Among [their] ideas: naming fake slates of electors in seven swing states, declaring martial law and seizing voting machines.... The majority of the lawmakers have since denied their involvement in these efforts.

Sara Murray, et al., of CNN: "As Donald Trump badgered Georgia Secretary of State Brad Raffensperger on an hour-long call to 'find' the votes necessary to flip the battleground state to Trump's column after the 2020 election, a Raffensperger aide fired off a plea for help. 'Need to end this call,' Jordan Fuchs, then the deputy secretary of state, said in a text message to then-White House chief of staff Mark Meadows. 'I don't think this will be productive much longer.'... That call now stands at the center of an investigation into Trump, which is set to advance this week when Atlanta-area prosecutors convene a special grand jury to determine whether any of Trump's actions related to Georgia's election -- or those of his allies -- were criminal.... For [Fulton County DA Fani] Willis, her probe has been playing out against a backdrop of racist threats that began the moment she announced an investigation into Trump. For Monday's jury selection, officials are planning to close roads surrounding the courthouse, station snipers on the roof and have K-9 police dogs at the ready, according to people involved in the planning. Prosecutors on Willis' team have also been issued bulletproof vests, said a person familiar with the situation."

Spencer Hsu of the Washington Post: "A federal judge late Sunday rejected the Republican National Committee's bid to block its mass email marketing vendor from releasing records to the House panel investigating the Jan. 6, 2021, Capitol attack as it probes whether ... Donald Trump's campaign spread false claims of fraud after the 2020 election through fundraising appeals that also stoked violence. U.S. District Judge Timothy J. Kelly of Washington delivered a thorough victory to the House select committee, tossing out the RNC's claims that its and the Trump campaign's information was protected on grounds including the First Amendment and ruling that under the Constitution's grant of legislative powers to Congress and the speech-or-debate clause, judges cannot interfere with how lawmakers obtain and use information." ~~~

     ~~~ Kyle Cheney of Politico: "A federal judge late Sunday resoundingly supported the Jan. 6 select committee's effort to obtain internal Republican National Committee data about efforts to fundraise off claims that the 2020 election was stolen. In a landmark ruling rejecting an RNC lawsuit, U.S. District Court Judge Tim Kelly said the select committee had demonstrated its need for the party's data on its fundraising emails between Nov. 3, 2020, and Jan. 6, 2021 -- when the RNC and Trump campaign sent supporters messages falsely suggesting the election was stolen. The committee contends those emails helped sow the seeds of the violence that erupted on Jan. 6.... Kelly issued an injunction to allow the RNC to appeal his ruling by May 5." Kelly is a Trump appointee.

Beyond the Beltway

Nebraska. Gropers, United. (Allegedly!) Dave Weigel of the Washington Post: "... Donald Trump on Sunday made a closing pitch for a Republican gubernatorial candidate who has been accused of sexually assaulting multiple women, stepping deeper into a primary that has divided Republicans in this staunchly conservative state. Trump appeared at a rally in Greenwood with Charles Herbster, a businessman who has advised the former president on agricultural policy and has donated to his campaigns. The visit came after a recent Nebraska Examiner report in which eight women, including a state senator speaking on the record, accused Herbster of touching them inappropriately. Last week, another one of the eight women alleged on the record that Herbster had groped her. He has denied the accusations.... The former president called Herbster a 'very good man' who had been 'maligned.' Trump said Herbster was 'innocent' of what he called 'despicable charges.'"

May 1, 2022

The New York Times' live updates of developments Sunday in Russia's war on Ukraine are here: "Speaker Nancy Pelosi became the most senior American official to visit Kyiv, announcing on Sunday that she had met with President Volodymyr Zelensky and had pledged 'to do what is needed to help the Ukrainian people as they defend democracy for their nation and for the world.' The visit on Saturday by Ms. Pelosi and a small delegation of American lawmakers was kept secret until they returned to Poland, where they held a news conference on Sunday morning.... Russia's renewed assault in the east has made only incremental territorial gains while causing widespread carnage, as local leaders and Ukrainian military officials in the Luhansk and Donetsk regions reported fierce battles and as Russian tank columns tried to push into areas that Moscow's forces have pounded with artillery fire. The Russian Defense Ministry said on Sunday that it had struck 800 targets across Ukraine over the past day.... In territory controlled by Russia, the occupying forces were trying to solidify control and taking steps to erase Ukrainian identity. On Sunday, Russian forces in the southern region of Kherson started to enforce the transition to the Russian ruble from Ukrainian currency. At the same time, nearly all internet and cellular service in the region went down over the weekend." ~~~

     ~~~ The Washington Post's live updates for Sunday are here: Speaker "Pelosi walked the streets of Ukraine's capital with House lawmakers, including Intelligence Committee Chairman Adam B. Schiff (Calif.), Foreign Affairs Committee Chairman Gregory W. Meeks (N.Y.) and Rules Committee Chairman Jim McGovern (Mass.).... In Kyiv, [President] Zelensky awarded Pelosi with the Order of Princess Olga, a decoration bestowed upon women who have made outstanding contributions to Ukraine.... Civilian evacuations from a Mariupol steel plant that has been the last base for Ukrainian fighters in the besieged port city were expected to continue on Sunday, after a group of about 20 women and children were allowed to leave under a cease-fire that began Saturday." ~~~

     ~~~ The Guardian's live updates for Sunday are here.

Timothy Bella & Julian Duplain of the Washington Post: "Ukrainian officials say Russian forces have seized more than 2,000 pieces of artwork from the besieged port city of Mariupol. They have been taken to Russian-occupied Donetsk, local channel TV7 reported. The Mariupol City Council wrote in a Telegram message Thursday that Russian forces have raided the three local museums, including the Kuindzhi Art Museum, since the start of the invasion." (Also linked yesterday afternoon.)

Al Jazeera: "Dutch dock workers are refusing to unload a tanker with a consignment of Russian diesel in the port of Amsterdam, a day after a similar action by dockers kept the ship from entering Rotterdam port. The Sunny Liger, a 42,000-tonne tanker was lying at anchor off Amsterdam on Saturday, while port companies were mulling her entry into the Dutch capital. On Friday, dock workers in Rotterdam also refused to handle her cargo. 'Late last night we requested all parties in the port of Amsterdam not to let the ship dock and not to (handle) it,' the FNV trade union's harbour worker branch chairwoman Asmae Hajjari said."

Paul Farhi of the Washington Post: "Washington's media and political elite partied like it was 2019 on Saturday at the annual White House correspondents' dinner, the traditionally glitzy spring gala that staggered back to life after a pandemic-induced two-year hiatus. Despite the continuing specter of the coronavirus, the event once again had all its usual trappings and excesses: a tuxedoed-and-begowned throng of insiders, a smattering of celebrities, an appearance by the president and a big-name comedian to make fun of them and it." The Guardian's story is here. ~~~

     ~~~ Marie: Actually, they partied more like it was 2016, as the so-called then-president* didn't have the guts to go in 2017 and 2018. ~~~

This is the first time the president has attended this dinner in six years. It's understandable. We had a horrible plague, followed by two years of covid. -- President Biden, at the White House Correspondents' Dinner, Saturday

     ~~~ Here's what Sonia Rao of the Washington Post dubs President Biden's best jokes.

Trump said he won the election, but everyone was able to look at the numbers and see that he was wrong. That's why Ron DeSantis is one step ahead. First you ban the math textbooks, then nobody knows how to count the votes. -- Trevor Noah, at the White House Correspondents' Dinner, Saturday ~~~

     ~~~ And these are Trevor Noah's best burns, according to Rao.

As you may know, James Corden is leaving his late-late-nite gig. Apparently, he is in search of new opportunities. Let's see how this one works out:

Kyle Cheney of Politico: "Attorney John Eastman, a key architect of ... Donald Trump's legal effort to overturn the 2020 election, is preparing to provide another 10,000 pages of records to the Jan. 6 select committee, his attorney revealed late Friday.... Eastman had claimed attorney-client privilege over 37,000 pages of post-election emails related to his work for Trump. But under pressure from U.S. District Court Judge David Carter -- who ruled in March that Eastman and Trump likely entered into a criminal conspiracy to overturn the election -- Eastman withdrew privilege claims for nearly a third of that total. In Friday's court filing, Eastman's lawyers indicated that the select committee now wants more time to consider how to handle the remaining 27,000 pages of records that remain in dispute." (Also linked yesterday afternoon.)

Eric Tucker of the AP: "Former Trump White House chief of staff Mark Meadows accused the congressional committee investigating last year's attack on the U.S. Capitol of leaking all of the text messages he provided to the panel in what he says was an effort to vilify him publicly. The argument was made in a filing Friday in Washington's federal court.... In the ... filing, lawyers for Meadows asked a judge to reject the committee's request for a court ruling in its favor that could force Meadows to comply with [committee] subpoenas." ~~~

     ~~~ Marie: Who's doing the "vilifying" if what's so embarrassing is your own texts?

Graham Kates of CBS News: "Fulton County[,Georgia,] prosecutors will begin selecting participants Monday for a special grand jury to consider whether ... Donald Trump should be charged for his attempts to pressure Georgia officials to overturn the results of the 2020 election, which he lost. Fulton County District Attorney Fani Willis ... has said in interviews that the investigation includes a January 2, 2021 phone call in which Trump told Georgia Secretary of State Brad Raffensperger, 'I just want to find 11,780 votes.' Trump lost the state to Joe Biden by that margin -- an outcome that was affirmed by several recounts."

Emily Davies & Peter Hermann of the Washington Post: "Now, as the government investigates whether ... [two men -- Arian Taherzadeh and Haider Ali -- who posed as federal agents,] may have bribed members of the Secret Service who lived in the building and threatened national security, questions still remain over the motive behind the alleged ruse." MB: This is another of those "Franco is still dead" stories that Patrick pointed out last week, but it gathers & expands on some details of the men's activities. (Also linked yesterday afternoon.)

Maybe in commemoration of May Day, Nicholas Confessore of the New York Times is taking a three-part deep dive into white nationalist Tucker Carlson: "... Mr. Carlson has constructed what may be the most racist show in the history of cable news -- and also, by some measures, the most successful.... Night after night, hour by hour, Mr. Carlson warns his viewers that they inhabit a civilization under siege -- by violent Black Lives Matter protesters in American cities, by diseased migrants from south of the border, by refugees importing alien cultures, and by tech companies and cultural elites who will silence them, or label them racist, if they complain.... His encyclopedia of provocations has only expanded. Since the 2020 presidential election, Mr. Carlson has become the most visible and voluble defender of those who violently stormed the U.S. Capitol to keep Donald J. Trump in office, playing down the presence of white nationalists in the crowd and claiming the attack 'barely rates as a footnote.' In February, as Western pundits and politicians lined up to condemn the Russian president, Vladimir V. Putin, for his impending invasion of Ukraine, Mr. Carlson invited his viewers to shift focus back to the true enemy at home." Part 1 is here; Part 2 is here; and Part 3, which is mostly audio clips with some context provided, is here. According to the Times, "This series is part of an ongoing examination by The Times of challenges to democratic norms in the United States and around the world." (Also linked yesterday afternoon.) ~~~

~~~ TuKKKer Is Not the Problem. What may be the clearest indication that we have deep-seated, extensive and intractable political problems is not the voter suppressing, racist and misogynistic governments of red states or our national Constitutionally-supported minority government that makes it nearly impossible to get anything useful done, but that Tucker Carlson has any audience at all, let alone a large one. -- Ken W., in yesterday's Comments thread ~~~

~~~ Racism Was of the Essence of the Scheme. Scott Lemieux of LG&$: "... the increase in ratings as [Carlson] got more explicitly racist is the real key here.... Without the white nationalist demagoguery he was just another dispensable mediocrity. He became an actual star by grasping the same things about both himself and the Republican electorate that Trump did."

Beyond the Beltway

** Connecticut, a Pro-Woman State. Sarah Nir & Kate Zernike of the New York Times: "Connecticut lawmakers approved a bill late Friday night that takes direct aim at states that have passed aggressive anti-abortion laws as the country prepares for a Supreme Court ruling this summer that could weaken or overturn the constitutional right to abortion enshrined in Roe v. Wade. The Connecticut bill, which Gov. Ned Lamont, a Democrat, has said he intends to sign, would expand the field of people who can perform certain types of abortions beyond doctors, to include nurse-midwives, physician assistants and other medical professionals. And in what lawmakers said could be a model for other states seeking to safeguard abortion rights, the law would also shield abortion providers and patients from lawsuits initiated by states that have banned or plan to ban abortion, even outside their own borders." (Also linked yesterday afternoon.)

Nebraska. Reid Epstein of the New York Times: "A second woman has publicly accused Charles W. Herbster, the Republican candidate for governor in Nebraska endorsed by former President Donald J. Trump, of groping her at a 2019 Republican fund-raising dinner. Elizabeth Todsen said Mr. Herbster grabbed her at the dinner in Omaha and said details of the incident reported earlier this month by the Nebraska Examiner were correct.... The longtime Trump ally has adopted the former president's playbook in responding to the allegations, forcefully denying them, suing his first public accuser, a state senator, and tying her to his political rivals."

News Lede

New York Times: "Naomi Judd, of the Grammy-winning duo The Judds and the mother of Wynonna and Ashley Judd, died on Saturday. She was 76."