August 22, 2022
Late Morning/Afternoon Update:
Kyle Cheney of Politico: "The federal magistrate judge who authorized the warrant to search Donald Trump's Mar-a-Lago estate emphasized Monday that he 'carefully reviewed' the FBI's sworn evidence before signing off and considers the facts contained in an accompanying affidavit to be 'reliable.' Magistrate Judge Bruce Reinhart offered his assessment in a 13-page order memorializing his decision to consider whether to unseal portions of the affidavit, which describe the evidence the bureau relied on to justify the search of the former president's home. Reinhart ruled last week that he would consider unsealing portions of the affidavit after conferring with the Justice Department and determining whether proposed redactions would be sufficient to protect the ongoing criminal investigation connected to the search. But in his order, Reinhart emphasized that he may ultimately agree with prosecutors that any redactions would be so extensive that they would render the document useless." ~~~
~~~ Marie: Oh yeah? That's what Politico says. Bearing in mind that Politico is somewhat right-wingy, it is not nearly right-wingy enough. The headline on the Fox "News"' report covering the same judge's same ruling is, "Judge Reinhart formally rejects DOJ argument to keep Trump affidavit sealed, calls raid 'unprecedented.'" This is largely bull. The written order backs up Judge Reinhart's oral order delivered last week, telling the prosecution to produce a redacted copy of the affidavit for his consideration. In the order, Reinhart acknowledges that it's possible that "partial redactions will be so extensive that they will result in a meaningless disclosure, but I may ultimately reach that conclusion...." As for a "raid" on Mar-a-Lardo, I did a wordsearch of the judge's order, and the only reference to a "raid" is a Business Insider headline & link about how Breitbart & a former Trump aide have doxxed FBI agents involved in the search. Judge Reinhart does not use the term "raid." As for "unprecedented," well, yeah. Reinhart does refer to "an unprecedented search of a former President's residence." That's because law enforcement has never had to search the home of a real president. Since the passage in 1978 of the Presidential Records Act ( in response to \ Nixon's plan to retain his papers [and tapes!]), no real president has been suspected of stealing documents & other items from the White House.
I am particularly proud to have served as the Chief Medical Advisor to President Joe Biden since the very first day of his administration. -- Dr. Anthony Fauci, in a statement, Monday
Funny, no mention of Trump. -- Marie ~~~
~~~ Yasmeen Abutaleb of the Washington Post: "Anthony S. Fauci, the nation's preeminent infectious-disease expert who achieved unprecedented fame while enduring withering political attacks as the face of the coronavirus pandemic response under two presidents, plans to step down in December after more than a half-century of public service, he announced Monday. Fauci, 81, has led the National Institute of Allergy and Infectious Diseases since 1984. He joined the parent agency, the National Institutes of Health, in 1968 as a 27-year-old doctor who had just finished medical residency and was quickly identified as a rising star. Most recently, Fauci has also served as President Biden's chief medical adviser since the start of his administration." The Hill's report is here. Dr. Fauci's statement is here.
Arkansas. Andy Rose, et al., of CNN: "Three Arkansas law enforcement officers have been removed from duty and are under investigation, their departments confirmed, after bystander video captured at least two of them punching and kneeing a suspect during an arrest Sunday. At one point in the 34-second video, one of the officers also appears to lift the suspect's head and slam it into the pavement. A Crawford County Sheriff's Department Facebook post identifies the law enforcement personnel involved in the arrest as sheriff's deputies Zack King and Levi White and officer Thell Riddle of the Mulberry Police Department. CNN has reached out to the deputies and officer."
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Nick Miroff & Amy Wang of the Washington Post: "The Democratic chairman of the House Intelligence Committee said Sunday that public pressure to unseal the affidavit used in the search of ... Donald Trump's Florida home could put FBI agents at personal risk or be used by Trump's attorneys to intimidate witnesses. Rep. Adam B. Schiff (D-Calif.) told CNN's 'State of the Union' that he understood the public interest in seeing the affidavit "is real" but cautioned of the unintended consequences of releasing the document. 'I think the government makes a powerful case that at the early stage of the investigation, when it could jeopardize the pursuit of justice, this is not the time to be giving essentially the Trump lawyers a road map into how to intimidate witnesses or how to derail a legitimate investigation,' Schiff said.:
Short-time Insurrectionist. David Edwards of the Raw Story: "Sen. Ron Johnson (R-WI) has refused to speak to the Jan. 6 Committee because his participation in a plot to overturn the 2020 presidential election only lasted 'a couple seconds.'.... [Matt Smith of WISN (Milwaukee) asked Johnson about his participation in an effort to pass a slate of fake electors to Vice President Pence on January 6, 2021.] The senator said that he 'fielded three texts and sent two and talked to my chief of staff that somebody wants to deliver something.... I knew nothing about it,' he added.... Johnson insisted that it was wrong to look at the plot to overturn the election as a 'massive conspiracy.' 'I had virtually no involvement!' he asserted. 'Literally, my involvement lasted seconds. OK?' Johnson initially denied having any knowledge of the alternate electors." ~~~
~~~ Marie: The lede appears to be misleading. As far as I can tell from the rest of the report, the committee has not asked Johnson to testify. Smith asked Johnson if he would testify, and Johnson gave a non-answer answer: "What would they ask me to testify about?"
Richard Fausset of the New York Times: "A federal appeals court temporarily blocked Senator Lindsey Graham, Republican of South Carolina, on Sunday from testifying in the investigation into efforts by ... Donald J. Trump and his allies to overturn the 2020 presidential election results in Georgia. The appeals court instructed a lower court to determine whether Mr. Graham should be exempt from answering certain kinds of questions, given his status as a federal lawmaker. The ruling by the U.S. Court of Appeals for the 11th Circuit gives a temporary reprieve to Mr. Graham, who has been fighting prosecutors' efforts to bring him before a special grand jury.... Mr. Graham has argued, among other things, that he should be exempt from testifying under the U.S. Constitution's speech and debate clause, which prohibits asking lawmakers about their legitimate legislative functions. The appeals court laid out further steps on Sunday that must be taken before Mr. Graham gives any testimony." (Also linked yesterday afternoon.) ~~~
~~~ According to a Politico story by Josh Gerstein & Kyle Cheney, two of the judges were Trump appointees & one was a Clinton appointee. "The appeals court called its Sunday morning action a 'limited remand' and said the subpoena would essentially be put on hold while the possibility of constraints on the scope of questioning of Graham is hashed out at the district court." (Also linked yesterday.) ~~~
~~~ Marie: I'm sorry, but "Throw out a bunch of votes in your Democratic-leaning counties" is not a legislative function of the U.S. Congress.
Michael Bender, et al., of the New York Times: "Donald J. Trump has endorsed more than 200 candidates for state and federal office during the 2022 midterm elections, an unusually wide-ranging effort by a former president to consolidate and enhance his personal political influence.... His endorsements fall into two major categories: election deniers who have openly spread the lie that he won in 2020, and incumbents whose likely victories == in some cases uncontested -- help sensationalize his power inside the party." The article IDs some of the candidates Trump has endorsed.
The Worst Supreme Court Since Dred Scott. KK Ottesen, in the Washington Post, interviews Constitutional scholar Laurence Tribe: In response to questions, Tribe says, "I have no doubt that the court is at a point that is far more dangerous and damaging to the country than at any other point, probably, since Dred Scott. And, in a way, because we even find Justice [Clarence] Thomas going back and citing Dred Scott favorably in his opinion on firearms, the court is dragging the country back into a terrible, terrible time.... And when they've got the votes, they don't even care if they have the reasoning.... I think there are five Robert Borks on the court right now.... And they are, in fact, probably to his right -- that is, Robert Bork at least seemed to believe in preserving those aspects of free speech that conduced to meaningful democratic self-governance. That is, I didn't see in Robert Bork the disregard for democracy, writ large, that I see in the current Supreme Court majority led by Clarence Thomas."
Knock, Knock, Knockin' on Putin's Door. Jonathan Allen of NBC News: "Former NBA player Dennis Rodman said Saturday that he plans to visit Russia to seek the release of Brittney Griner, the WNBA star who was sentenced to nine years in prison on drug charges earlier this month. 'I got permission to go to Russia to help that girl,' Rodman told NBC News at a restaurant in D.C. 'I'm trying to go this week.' He is more likely to hurt than help, said a senior Biden administration official." MB: It isn't clear who gave Rodman this "permission" inasmuch as the State Department has issued a blanket advisory warning Americans not to travel to Russia.
How to Cover Trumpolini. Margaret Sullivan of the Washington Post: "This is my last column for The Post.... The media has come a long, long way in figuring out how to cover the democracy-threatening ways of Donald Trump and his allies, including his stalwart helpers in right-wing media.... Journalists ... have to be willing to show their readers, viewers and listeners that electing him again would be dangerous.... Journalists simply can't allow themselves to be megaphones or stenographers.... If Trump runs [for president again], as [Jonathan] Karl put it, he will be running 'against the very democratic system that makes this all possible.' And he's bringing the vast bulk of the Republican Party along with him. So my prescription -- and it's only a start -- is less live campaign coverage, more context and thoughtful framing, and more fearless straight talk from news leaders about what's at stake and why politics coverage looks different." ~~~
~~~ Marie: Political coverage always should have "looked different." I recall begging Peter Baker of the New York Times years ago to stop with the both-sides, he-said/she-said reports, and he said he didn't know what I was talking about. He looked dumbfounded when I explained, a la Stephen Colbert, that just writing down what a politician says is stenography, not reporting. He clearly thought I was a crazed woman. But over the past decade, even Baker & his cohort have learned to write, "claimed without evidence." I guess that's progress.
Zach Montague of the New York Times: "Jill Biden, the first lady, left isolation after testing negative for the coronavirus on Sunday, nearly a week after she tested positive while on vacation in South Carolina. Dr. Biden had been isolating in a private residence there, but joined President Biden in Rehoboth, Del., on Sunday, according to a statement from Elizabeth Alexander, her communications director.... Dr. Biden, who was up to date on vaccines and has received two booster shots, only experienced mild symptoms, according to her office. She had also been prescribed the antiviral pill Paxlovid, a treatment that reduces the effects of a coronavirus infection."
Beyond the Beltway
Kansas. Heather Hollingsworth & John Hanna of the AP: "A decisive statewide vote in favor of abortion rights in traditionally conservative Kansas was confirmed with a partial hand recount, with fewer than 100 votes changing after the last county reported results Sunday. Nine of the state's 105 counties recounted their votes at the request of Melissa Leavitt, who has pushed for tighter election laws. A longtime anti-abortion activist, Mark Gietzen, is covering most of the costs. Gietzen acknowledged in an interview that it was unlikely to change the outcome."
Way Beyond
Ukraine, et al. The New York Times' live updates of developments Monday in Russia's war on Ukraine are here. ~~~
~~~ The Washington Post's live briefings for Monday are here: "Ukrainian President Volodymyr Zelensky has drawn another red line in potential negotiations with Moscow to end the war. Russian-backed authorities are reportedly planning to hold a trial on Aug. 24 -- Ukraine-s Independence Day -- for the fighters captured during their final defense of the Azovstal steel plant in the battle for Mariupol. Here's the latest on the war and its ripple effects across the globe.... A number of theories, as yet unsubstantiated, are circulating about the cause of a car bomb that killed the daughter of Putin ally Alexander Dugin outside Moscow on Saturday. It could create a flash point, even as Ukrainian officials denied any involvement in the blast and suggested it could be the result of an internal dispute within Russia."
Pakistan. Salman Masood & Christina Goldbaum of the Washington Post: "Pakistan's former prime minister, Imran Khan, was charged under the country's antiterrorism act on Sunday, in a drastic escalation of the tense power struggle between the country's current government and its former leader that threatens to set off a fresh round of public unrest and turmoil. The charges came a day after Mr. Khan, the former cricket star who was ousted from power in a no-confidence vote in April, gave an impassioned speech to hundreds of supporters at a rally in the capital, Islamabad, condemning the recent arrest of one of his top aides and threatening senior police officers and a judge involved in the case. 'We will not spare you,' Mr. Khan said, vowing to file legal cases against them. The police report detailing the charges against the former prime minister said that his comments amounted to a deliberate and illegal attempt to intimidate the country's judiciary and police force, local news outlets reported." An AP report is here.
South Korea/U.S. Kim Tong-Hyung of the AP: "The United States and South Korea began their biggest combined military training in years Monday as they heighten their defense posture against the growing North Korean nuclear threat.... The Ulchi Freedom Shield exercises will continue through Sept. 1 in South Korea and include field exercises involving aircraft, warships, tanks and potentially tens of thousands of troops. While Washington and Seoul describe their exercises as defensive, North Korea portrays them as invasion rehearsals and has used them to justify its nuclear weapons and missiles development."
News Ledes
New York Times: "Stocks on Wall Street slid on Monday, with the S&P 500 dropping by the most it has in over two months, as a speech this week by Jerome H. Powell, the Federal Reserve chair, loomed over investors who are focused on the path for interest rates in the months ahead. The benchmark index fell 2.1 percent, its sharpest daily decline since June 16. The tech-heavy Nasdaq composite dropped 2.5 percent, nearly erasing its gains for August."
New York Times: "One person who had been hiking Friday at a national park in Utah remained missing on Sunday and about 200 people at a national park in New Mexico were trapped for several hours on Saturday amid heavy rain and flash flooding in parts of the Southwest."