Wednesday, November 30, 2022

Wrapping up the January 6 Committee work

[Committee Chair Bennie Thompson indicated] the committee had now turned to finalizing its report, legislative recommendations and more explosive final decisions — including whether to make criminal referrals for witness tampering, perjury or contempt of Congress.

[...]

Thompson told POLITICO the select committee will meet Friday to discuss recommendations from a subcommittee, led by Rep. Jamie Raskin, about those referrals and about how to handle the five Republican lawmakers — including GOP leader Kevin McCarthy — who declined to comply with the panel’s subpoenas.

  Politico
I should hope they'd be charged with contempt.
Congress has limited power to make criminal referrals to the Justice Department, except for witnesses it holds in contempt for refusing to comply with testimony or document demands. However, referrals for perjury or witness tampering could also carry some force with prosecutors — if lawmakers can make a compelling case that a witness was criminally defiant.

[...]

Thompson declined to say whether he believed any particular witness committed perjury: “Stay tuned.”

[...]

Any criminal referrals, Thompson said, would be made to the attorney general, who could then decide whether to steer it to Special Counsel Jack Smith — who took over the Justice Department’s Donald Trump-focused Jan. 6 investigation earlier this month — or other prosecutors within the Justice Department.

[...]

At a press conference Wednesday, Attorney General Merrick Garland reiterated the Justice Department’s interest in obtaining the select committee’s evidence and transcripts.

“We are asking for access to all of the transcripts, and that’s really all I can say right now,” Garland said in a response to a reporter’s question.

Thompson also said he expects the committee’s final report and transcripts will be a massive evidence dump that occurs during the holiday season, rather than a slow rollout. The timing of the report, he said, will depend on how long the Government Publishing Office says it will take to produce a physical copy of the report, though much of the material will be exclusively digital.
I'm looking forward to folks going through all the material and reporting tidbits that weren't covered in the hearings.

UPDATE:



In the upside down world


...but hey, do what you want...you will anyway.

UPDATE:


For now.

Mainstream


...but hey, do what you want...you will anyway.

Amen


...but hey, do what you want...you will anyway.

Oh, Marj


Going onstage with the guy is an interesting way to denounce someone.

...but hey, do what you want...you will anyway.

Loser

A federal judge on Monday rejected former President Donald Trump’s argument that he has “absolute immunity” in response to a lawsuit alleging he committed civil rights violations in his attempts to challenge the 2020 presidential election results.

The lawsuit, filed by the NAACP, the Michigan Welfare Rights Organization and others, accuses the former president and the Republican National Committee of efforts to disenfranchise voters through targeted harassment, intimidation and efforts to prevent the complete counting and certification of ballots after the 2020 election.

The ruling notes that Trump’s lawyers previously argued that he is “absolutely immune” from damages for his actions within the “outer perimeter” of his official responsibilities as president.

U.S. District Judge Emmet Sullivan in Washington sided with the civil rights groups, writing that Trump’s conduct after the 2020 election was “purely political and therefore well beyond the contours of presidential immunity.”

  NBC
The "outer perimeter" of his official responsibilities. Is that in the Constitution?

...but hey, do what you want...you will anyway.

Whew


Luckily for him, his supporters don't care what he says.

...but hey, do what you want...you will anyway.

Tuesday, November 29, 2022

I'll take that as a yes


...but hey, do what you want...you will anyway.

Big news: Meadows ordered to testify

South Carolina’s Supreme Court has unanimously ordered former White House Chief of staff Mark Meadows to testify to an Atlanta-area grand jury investigating Donald Trump’s effort to overturn the election in Georgia.

“We have reviewed the arguments raised by [Meadows] and find them to be manifestly without merit,” South Carolina’s Supreme Court justices wrote in a brief opinion.

The decision affirmed a lower court’s ruling requiring Meadows to testify to the Fulton County grand jury investigation led by District Attorney Fani Willis.

[...]

Willis sought Meadows’ testimony in September as part of her expansive investigation into efforts by Trump and his allies to disrupt the election process in Georgia, including his push for Secretary of State Brad Raffensperger to “find” enough votes to overturn Joe Biden’s victory in the state.

The fight over the Meadows’ subpoena wound up before the South Carolina courts under procedures many states have agreed on to enforce court orders for testimony issued by courts in another state. To compel testimony from out-of-state residents, Willis must first get the approval of local courts. Meadows is a resident of South Carolina.

[...]

Meadows is the most critical figure in her investigation to be ordered to appear. In addition to his prominent role in Trump’s orbit during the weeks leading up to Jan. 6, Meadows traveled to Georgia in the midst of the state’s post-election audit and joined Trump on his Jan. 2, 2021 phone call with Raffensperger.

Meadows had argued to a South Carolina county court that his appearance before the grand jury was barred by executive privilege, but the state courts rejected that argument.

  Politico
"Manifestly without merit" could be the GOP/MAGA motto.

Let's see if Meadows tries to take this to the Supreme Court. It's probably not a good time for MAGA lawsuits at the Supreme Court right now while it's under scrutiny for right-wing corruption.

...but hey, do what you want...you will anyway.

SCOTUS/Whitehouse dust-up

 SCOTUS responds to Whitehouse and Johnson: Nothing to see here.  "Social hospitality" is allowed.


Whitehouse and Johnson respond:
“Through legal counsel, the Supreme Court reiterated Justice Alito’s denials but did not substantively answer any of our questions. The Court’s letter is an embodiment of the problems at the Court around ethics issues. Unlike all other federal courts, there is no formal process for complaints; it took a Senator’s and a Congressman’s repeated letters to galvanize a response. Unlike all other federal courts, there is no formal process for fact-finding inquiry. The assertions of fact by the Court’s lawyer emerge from darkness, and overlook important facts like all the contemporaneous evidence that Mr. Schenck in fact knew both the outcome and author in advance and acted at that time on that knowledge. Unlike all other federal courts, there is no independence — no formal process of independent review. That absence of independence violates the ancient maxim, nemo judex in sua causa: no one should judge their own cause. These multiple failures of orderly process are peculiar, coming from the highest Court in the land. Procedure is the bone structure of justice,” Whitehouse and Johnson said in response to the new letter.

  Sheldon Whitehouse.gov
Impeach Alito - and Roberts if he doesn't cooperate.
Earlier this year, Whitehouse and Johnson introduced the Supreme Court Ethics, Recusal, and Transparency Act to enact stronger recusal standards, require the Court to adopt a binding code of conduct, and mandate the Supreme Court adopt more robust rules governing disclosure of gifts and travel paid for by outside parties. The bill would also require disclosure of the identity of funders of amicus briefs, and block amicus filers from making gifts or providing travel to court of appeals judges or Supreme Court justices.
The bare minimum of what should be done.

...but hey, do what you want...you will anyway.

GOP: Total bullshit all the time


...but hey, do what you want...you will anyway.

Big, if true


They may pull together in the end, but if not, McCarthy won't be Speaker.  There are only 221 Republicans in the House, and he needs 218 votes to succeed.  This could be interesting.  But I suspect those 20 will just demand favors for their votes. (Marjorie Taylor Greene has already done so.)  Otherwise, the Speaker will end up being the Democratic nominee: Hakeem Jeffries, who will also be the minority leader.

And check out this insanity...
In October 2015, the Freedom Caucus was credited with forcing Republican House Speaker John Boehner's resignation from both the speakership and the House, after complaining about some of his moderate actions and claiming they'd been punished for opposing his nomination at the start of the term.

[...]

The caucus, currently led by Pennsylvania Rep. Scott Perry and Ohio Rep. Jim Jordan, is invite-only and purposefully secretive, with the official member list kept private from American voters.

  People
What. The. Fuck.

...but hey, do what you want...you will anyway.

UPDATE 12/1:  Correction:
I had been reading that Kevin McCarthy needs 218 votes to become Speaker, but now I'm hearing that he simply needs a majority of the votes cast.  So that's a little more complex. 

Destroying Twitter day by day


...but hey, do what you want...you will anyway.

Stewart Rhodes: Guilty

Stewart Rhodes, the founder of the rightwing Oath Keepers militia [who wears an eye patch after accidentally shooting himself in the face], has been found guilty of seditious conspiracy, a charge arising from the attack on the US Capitol by supporters of Donald Trump.

[...]

In an eight-week trial, Rhodes, a Yale Law-educated former paratrooper and disbarred attorney, was accused with four associates of fomenting a plot to use force to stop Congress certifying Joe Biden’s 2020 election victory.

[...]

Rhodes did not go inside the Capitol but was accused of leading the plot.

[...]

US district judge, Amit Mehta, presided. The 12-member jury deliberated for three days.

[...]

The rarely used, civil war-era charge calls for up to 20 years behind bars.

[...]

Rhodes’ four co-defendants were Kelly Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell.

[...]

Meggs, Watkins and Harrelson entered the Capitol wearing tactical gear.

[...]

Meggs was convicted of seditious conspiracy. Harrelson, Caldwell and Watkins were acquitted.

[...]

Rhodes and two others [Watkins, a transgender woman who fled the US army, and Caldwell, a disabled navy veteran,] testified in their own defense. They denied plotting an attack or seeking to stop Congress certifying results. Rhodes insisted that his followers who went inside went rogue.

  The Guardian
I guess the jury didn't buy it.

Rhodes shot himself in the face and then in the foot, so to speak.
Caldwell, who like Rhodes did not enter the Capitol, never formally joined the Oath Keepers. He tried to downplay inflammatory texts he sent in connection with the attack, saying some of the lines were adapted from or inspired by movies such as The Princess Bride or cartoons such as Bugs Bunny.
Oh dear god. What is he, 12?
Four other Oath Keepers members charged with seditious conspiracy are due to go to trial in December. Members of another rightwing group, the Proud Boys, including its former chairman Enrique Tarrio, also are due for trial on seditious conspiracy charges in December.
I'm guessing they won't be having a very merry Christmas. And after Trump made it okay to say Merry Christmas again. Sad!

P.S.  Some interesting background on Rhodes.

UPDATE:



JFC


Susan Collins is concerned


I guess he didn't learn his lesson after all, eh Sue?

Falling short again

The Senate’s Respect for Marriage Act ... as it currently stands would officially repeal the Defense of Marriage Act and require state recognition of legal same-sex and interracial marriages but would not codify the Supreme Court’s 2015 ruling in Obergefell v. Hodges that legalized same-sex unions nationwide or prevent the high court from eventually overturning the landmark decision.

“It would be great if the bill went further, but we don’t have the votes for the bill to go further,” Sen. Brian Schatz (D-Hawaii) told Changing America.

  The Hill
Old, white Christians are not dying out quickly enough.
The Obergefell ruling barred states from enforcing statutes or constitutional amendments banning same-sex marriages. Should the Supreme Court overturn the ruling, as it did with Roe v. Wade and the right to abortion, the issue of same-sex marriages would be returned to the states.[T]he possibility of going further in the immediate future is remote given that House Republicans are set to retake the chamber in January.
So states don't have to perform same-sex marriages, but they do have to recognize them if done in states that do.
In the Senate, Republicans were concerned that religious liberty protections may be eroded by federal legislation protecting marriage equality.

Sen. Mike Lee (R-Utah) forced the upper chamber to delay a procedural vote on the bill this month until 10 p.m. after he was unable to win the necessary support for his amendment to further strengthen the religious liberty provisions.

“They shouldn’t be able to punish religious belief,” Lee said on the Senate floor before the Nov. 16 vote. “That’s all I want. A protection saying the federal government may not punish any individual or entity based on a religious or moral conviction-based belief about marriage. That is not too much to ask.”
How in the world is religious belief punished if people of the same sex are allowed to marry?

Like I said, old, white Christians aren't dying out quickly enough.
While at least 12 Senate Republicans and 47 House Republicans are likely to put the bill over the top, it is notable that more than 75 percent of GOP lawmakers did not vote for the proposal overall, including Senate Minority Leader Mitch McConnell (R-Ky.) and House Minority Leader Kevin McCarthy (R-Calif.).
...but hey, do what you want...you will anyway.

UPDATE:

All votes against are Republicans, of course.

We'll never heal the planet

Big polluting industries have been given almost €100bn (£86bn) in free carbon permits by the EU in the last nine years, according to an analysis by the WWF.

  Guardian
Rather defeats the purpose.
Free pollution permits worth €98.5bn were given to energy-intensive sectors including steel, cement, chemicals and aviation from 2013-21.

[...]

Furthermore, the WWF said, the free permits did not come with climate conditions attached, such as increasing energy efficiency and some polluters were also able to make billions in windfall profits by selling the permits they did not use.

[...]

The analysis also found that at least a third of the revenue raised from the [emissions trading scheme] was not spent on climate action, rising to almost half if projects to increase the efficiency of burning fossil fuels were excluded.

[...]

The free allowances were originally justified to tackle the potential risk that industrial companies might move production outside the EU to avoid carbon taxes, but the WWF said there had been no evidence for this.

[...]

Potential dates for the end of free allowances range from 2032 to 2036.
Seriously?

Something tells me this is not happening in only the EU.

...but hey, do what you want...you will anyway.

Monday, November 28, 2022

Jan 6 Committee still working

UPDATE 11/30:



Elon Musk is scum


I wonder how many potential advertisers and customers not only drop any support of Twitter, but also refuse to truck with other Musk enterprises, like Tesla, since his takeover and despicable appearance on Twitter.

...but hey, do what you want...you will anyway.

Sunday, November 27, 2022

The (belated) case against a special counsel for Trump crimes

[AG Merrick] Garland seems more concerned about the perception of a political prosecution than he is the perception of a DOJ paralyzed by politesse and standards and norms that the suspects don't respect in the least. Does Garland think that [Jack] Smith won't be attacked for being a partisan hatchet man? Hell, the incoming House of Representatives is warming up to put Garland on the griddle along with half the administration, which also will batter the credibility of the ongoing investigations. And tossing the January 6 prosecution to a special prosecutor strikes me as a critical abandonment of the post to which Garland was appointed.

[...]

The "circumstances" are simply not that "extraordinary" here. The guy is a private citizen suspected of a crime. That's all he is, no more and no less. There's nothing magical about declaring yourself a candidate for president. You are not then blessed with the magic oil of immunity. That's not a "Get Out Of Jail Free" Card. If it were, Harvey Weinstein would've filed for the New Hampshire primary in 2016.

[...]

Garland's clear responsibility is to root out whatever crime and corruption there was during the previous administration*. It is to present to the country a clear indication that a defeated president* cannot call out the mob whenever he pleases. It is not—repeat, not—to try and shield the DOJ from Fox News and from the hysterics of yahoo congressmen on a spree. He is the chief law enforcement official of the United States. Enforce the damn law, and do it yourself.

  Charlie Pierce
...but hey, do what you want...you will anyway.

UPDATE:  Rebuttal



Story of the Trump-Fuentes meeting

A source familiar with the dinner conversation told Axios that Trump "seemed very taken" with Fuentes, impressed that the 24-year-old was able to rattle off statistics and recall speeches dating back to his 2016 campaign.

Paraphrasing the conversation, the source said Fuentes told the president he preferred him to be "authentic," and that Trump seemed scripted and unlike himself during his recent 2024 campaign announcement speech.

Trump responded, “You like it better when I just speak off the cuff," the source said. Fuentes replied that he did, calling Trump an "amazing" president when he was unrestrained. "There was a lot of fawning back and forth," the source added.

Fuentes told Trump that he represented a side of Trump's base that was disappointed with his newly cautious approach, especially with what some far-right activists view as a lack of support for those charged in the Jan. 6 Capitol attack.

Trump didn't disagree with Fuentes, but said he has advisers who want him to read off teleprompters and be more "presidential."

[...]

Fuentes told Trump that he was on Truth Social but had been banned from the social media platform Gettr because Trump adviser Jason Miller, the CEO of the company, wasn't a fan of his.

[...]

Fuentes also told Trump that he would crush potential 2024 Republican rivals in a primary, including Florida Gov. Ron DeSantis. Trump asked for Fuentes' opinion on other candidates as well.

Trump at one point turned to Ye and said, "I really like this guy. He gets me," according to the source.

"To be honest, I don't believe the president knew who the hell [Fuentes] was," the source added.

  Axios
He does now.

...but hey, do what you want...you will anyway.

UPDATE:  It was a very quick dinner.


Pretty sure that Trump is told who he's dining with before he sits down.  


WTF


Is Musk trying to mimic Trump's ridiculous hair or outdo it?

...but hey, do what you want...you will anyway.

Journalist James Risen got the full Jack Smith

JACK SMITH CAME after me. If he goes after Donald Trump with the same unrelenting ferocity, Trump will be in trouble.

[...]

Trump’s early [presidential candidate] announcement was clearly an effort to insulate himself from criminal prosecution, and [AG Merrick] Garland’s countermove [appointing Jack Smith special counsel] seems designed to frustrate the ex-president’s attempt to use the political system for his personal legal benefit.

[...]

Unfortunately, I have firsthand experience with Smith’s aggressiveness. He was part of the Justice Department team that turned my life upside down by trying, for seven years, to force me to reveal confidential sources that I’d used to report on a botched CIA operation.

[...]

The Justice Department kept coming at me, even though the federal judge in my case repeatedly ruled against them and sided with me. Each time the judge quashed one of their subpoenas, I thought I was finally done — but then the prosecutors would issue another one. It was excruciating.

[...]

I won the battle in 2015, but only after the case went to the Supreme Court, and only after then-Attorney General Eric Holder ordered the prosecutors to back off because he was getting so much bad press for seeking to jail a reporter for refusing to disclose his confidential sources.

  The Intercept
I remember it well, and felt sure they would ruin James Risen. But, thankfully, he's still here.
Justice Department prosecutors have repeatedly targeted low-level officials, like former NSA contractor Reality Winner, in leak investigations and have sought draconian sentences against them. By contrast, they have shown extraordinary leniency toward high-ranking officials, like former CIA Director David Petraeus, caught up in similar investigations, many of whom have been let off with the legal equivalent of a slap on the wrist.

[...]

The question for Smith is whether he will seek heavy charges against Trump, like he and the Justice Department sought in [...] many other low-level officials in the past, or will he give Trump the kid-glove treatment that other high-ranking officials have so long enjoyed?

His decision on the Mar-a-Lago case will show whether Smith really is an aggressive prosecutor — or just aggressive against the powerless.
And now that his wife's connection to the political left has been reported, he will no doubt be getting plenty of right-wing public pressure, including, of course, from Trump himself. 

I don't know that Garland gained anything politically or publicly by appointing Smith. In fact, he may have made it worse.

...but hey, do what you want...you will anyway.

It's Sunday


Or go to hell.

...but hey, do what you want...you will anyway.

Saturday, November 26, 2022

They always end up eating their own


...but hey, do what you want...you will anyway.

Musk endorsement

Apparently, we're already in the 2024 election season.


A Musk candidacy would split the anti-semite and fascist vote.  Will a Musk endorsement work just as well?

Oh wait. I forgot. It could be a three-way split.



P.S.  Nice little tidbit in that story:  Ye asked Trump to be HIS running mate.  LOLOL

P.P.S.  



Friday, November 25, 2022

Whiners outed


...but hey, do what you want...you will anyway.

Oh, hell, he's lost Ye


I hope he knows he's about to be trashed on Truth Social.  Also, I didn't know Ye was running.

...but hey, do what you want...you will anyway.

UPDATE:



UPDATE:  And Trump goes to his "didn't know the guy" routine.




UPDATE:


We absolutely do.  That's why you were asked.

Discord in the ranks

[L]ess than six weeks before the conclusion of the [January 6th] committee’s work, [Rep. Liz] Cheney’s influence over the committee’s final report has rankled many current and former committee staff. They are angered and disillusioned by Cheney’s push to focus the report primarily on former president Donald Trump, and have bristled at the committee morphing into what they have come to view as the vehicle for the outgoing Wyoming lawmaker’s political future

[...]

Some of the disaffected staff have left in recent months, in part out of frustration that their work is not expected to get significant attention in the report

[...]

Fifteen former and current staffers, who spoke on the condition of anonymity to discuss internal deliberations, expressed concerns that important findings unrelated to Trump will not become available to the American public.

  WaPo
So they should avail themselves of Washington's favorite passtime and leak.
Several committee staff members were floored earlier this month when they were told that a draft report would focus almost entirely on Trump and the work of the committee’s Gold Team, excluding reams of other investigative work.

Potentially left on the cutting room floor, or relegated to an appendix, were many revelations from the Blue Team — the group that dug into the law enforcement and intelligence community’s failure to assess the looming threat and prepare for the well-forecast attack on the Capitol. The proposed report would also cut back on much of the work of the Green Team, which looked at financing for the Jan. 6 attack, and the Purple Team, which examined militia groups and extremism.

[...]

A senior committee staffer told staff in a virtual conference meeting two weeks ago that none of the work done by people serving on teams other than the Gold Team that didn’t focus on Trump would be included in the final report.

“Everybody freaked out,” the staffer said.

[...]

“We all came from prestigious jobs, dropping what we were doing because we were told this would be an important fact-finding investigation that would inform the public,” said one former committee staffer. “But when [the committee] became a Cheney 2024 campaign, many of us became discouraged.”
I guess I didn't realize that's what it bacame.
However, [one] staffer said, while committee members disliked those chapters [from the other teams], they were open to including some of that material in a more concise or streamlined form.

“It’s not a class project — everyone doesn’t get a participation prize,” said a senior Democratic aide. “The Green Team has chapters and chapters of good work, but the problem is they’ve learned a lot of great stuff about objectionable but completely legal things.”

[...]

“Donald Trump is the first president in American history to attempt to overturn an election and prevent the peaceful transfer of power,” [Cheney spokesman Jeremy ] Adler said. “So, damn right Liz is ‘prioritizing’ understanding what he did and how he did it and ensuring it never happens again.”
Also, the Committee has a Chair - Benny Thompson. Surely he has the power to direct the report as he sees fit.
People familiar with the committee’s work said Cheney has taken a far more hands-on role than Rep. Bennie G. Thompson (D-Miss.), who is chairing the committee.

[...]

People familiar with the committee’s work said Cheney has taken a far more hands-on role than Rep. Bennie G. Thompson (D-Miss.), who is chairing the committee.

[...]

Two people familiar with the process argued that without Cheney’s guidance, the committee would not be on track to submit a cohesive final report by the end of the year.

[...]

Tim Mulvey, the select committee’s spokesman, said in a separate statement that the panel’s “historic, bipartisan fact-finding effort speaks for itself, and that won’t be changed by a handful of disgruntled staff who are uninformed about many parts of the committee’s ongoing work.”

“They’ve forgotten their duties as public servants and their cowardice is helping Donald Trump and others responsible for the violence of January 6th,” Mulvey’s statement continued. “All nine committee members continue to review materials and make contributions to the draft report, which will address every key aspect of the committee’s investigation. Decisions about the contents of the report ultimately rest with the committee’s bipartisan membership, not the staff.”

[...]

[L]awmakers on the committee are now reassessing what to include in the final draft and also eyeing different ways to publicly share more of the investigators’ work outside of the report. That could include sharing findings on the committee’s website or releasing internal transcripts.

[...]

Rep. Zoe Lofgren (D-Calif.), a member of the panel, said over the weekend during an interview with “Face the Nation” that the public would have access to “all the evidence, for good or ill” within the next month.

[...]

“No member of the Committee has worked harder than Liz Cheney. Our bipartisan efforts have led to what some have called the most effective set of congressional hearings in modern history. The Committee intends to release the evidence we have acquired so no element of our work will go unreported.”

[...]

Rep. Jim Jordan (R-Ohio) and his staff are already preparing to conduct an examination of any evidence omitted from the final report that is more flattering or at least exculpatory about Trump’s actions leading up to the Jan. 6 assault, according to one Republican operative.
Of course they are.


That's what it seems like to me, too.  Especially when some of the disgruntled staff were complaining they left good jobs to do this work.

...but hey, do what you want...you will anyway.

Thursday, November 24, 2022

The grifting never ends with these people


Even after seeing numerous Thanksgiving Twitter wishes from various political celebrities, why did I imagine a Trump message would be anything else?  

UPDATE:




Happy Thanksgiving



h/t and Happy Thanksgiving, Marty.

Wednesday, November 23, 2022

Don't they know what they owe him?


He expected them to be a political body in his favor.  

Another day, another American mass killing

Six people have been killed in a shooting at a Walmart in Virginia.

[...]

“Chesapeake police confirm an active shooter incident with fatalities at the Walmart on Sam’s Circle. The shooter is deceased.”

The store in Chesapeake is likely to be closed for several days while the investigation continued, a police spokesperson, Leo Kosinski, said in the early hours of Wednesday.

[...]

“We are shocked at this tragic event at our Chesapeake, Virginia store,” Walmart said early on Wednesday.

  Guardian
Nobody should be shocked at any mass killing in this country ever again. It's what we're known for.
A Virginia state senator, Louise Lucas, said she was “absolutely heartbroken that America’s latest mass shooting took place in a Walmart in my district.

“I will not rest until we find the solutions to end this gun violence epidemic in our country that has taken so many lives.”
We have the solutions. We just don't implement them.


...but hey, do what you want...you will anyway.

Tuesday, November 22, 2022

Jesus Fucking Christ

Can they get anything right?  Did no one know this? Shit, Jack Smith knew it! I'm not saying the guy would be corrupt, but I AM saying that the Republicans are all over it screaming that very thing. And who can blame them?

Jesus Christ.
Newly appointed Special Counsel Jack Smith is married to a documentary filmmaker who worked on a 2020 film about former first lady Michelle Obama and donated to President Joe Biden's 2020 campaign.

Katy Chevigny worked as a producer on Becoming, according to IMDb, while publicly available records from the Federal Election Commission (FEC) show her previous campaign donations.

[...]

Chevigny donated in support of President's Biden campaign twice in the 2020 election cycle.

She donated $1,000 to Biden for president on September 20, 2020, and another $1,000 to the Biden Victory Fund on the same day. In both cases, her employer was listed as Big Mouth Productions.

  Newsweek

What a steaming pile of shit. I don't see how they can do anything but appoint a different special counsel, delaying the investigation even further. Nice going, Merrick.

...but hey, do what you want...you will anyway.

Trump's judges unimpressed with Trump's legal position

A federal appeals court panel sounded highly skeptical Tuesday about former President Donald Trump’s effort to rein in the Justice Department’s investigation into a trove of government documents, including sensitive national security records, at his Mar-a-Lago estate.

[...]

All three of the judges on the appeals panel — including two appointed by Trump himself — seemed inclined to conclude that U.S. District Court Judge Aileen Cannon erred when she granted Trump’s request for an independent review to assess Trump’s claims that some of the documents are legally protected and when she ordered that the records be off limits to investigators until those claims are litigated.

[...]

An order issued in August by Cannon, a Trump appointee based in Fort Pierce, Fla., also halted the government’s ability to use the records in its criminal investigation until Trump’s objections are addressed. However, in September, the appeals court granted an emergency motion by the Justice Department that effectively carved out from the special master process about 100 documents with classification markings such as “top secret.”

[...]

From the outset of the 35-minute session, the appeals judges aggressively challenged Trump’s legal position, suggesting that he was getting accommodations that the courts almost never grant to a criminal suspect before charges are filed.

[...]

On Tuesday, the appeals court panel seemed prepared to deliver another blow. The judges raised particular alarm about setting a precedent that could disrupt innumerable criminal investigations, and they wondered whether Trump’s attorneys were seeking special treatment for the ex-president.

[...]

“We’re talking about an extreme situation,” [Trump attorney James] Trusty said. “We’re not looking for special treatment for President Trump. We are recognizing that there’s a context here.”

[...]

Trusty also contended that the [Mar-A-Lago] search was wildly overbroad and swept up “incredibly personal” items.

“This was carte blanche,” Trusty argued. “This is why they took golf shirts and pictures of Celine Dion.”

  Politico
He had pictures of Celine Dion?
[T]he warrant issued by a magistrate judge as part of an investigation into alleged retention of classified information, theft of government records and obstruction of justice allowed investigators to take documents and other items located in the same folder or container as government records that typically go to the National Archives at the conclusion of a presidency.

The presence of personal effects with other records can be used by investigators to try to prove who had knowledge that the records were there.

“I don’t think it’s necessarily the fault of the government if someone has intermingled classified documents and all kinds of other personal property,” [Justice] Pryor said.
And, in fact, that may be evidence of consciousness of guilt. He may have figured the personal items would make the records amongst them off limits to a search/seizure.
[Government Attorney Sopan] Joshi said Trump already has been given access to copies of all the seized documents, save for those marked classified.

“What he wants is to prevent the government from using the documents, and I’m not sure that that would ever be a valid justification,” Joshi said.

[...]

[Judge] Grant and Judge Andrew Brasher — both appointed by Trump himself — have been sharply critical of the former president’s effort to impose limits on the criminal investigation. They ruled against him last month after the DOJ made an emergency bid to restart aspects of its criminal probe that had been put on hold by Cannon.

The third judge, Pryor, is a highly conservative appointee of President George W. Bush. Trump’s arguments seemed to fare no better with Pryor than with the other two appeals judges.

[...]

In September, Cannon tapped Brooklyn-based U.S. District Court Judge Raymond Dearie, an appointee of President Ronald Reagan, to field Trump’s objections to the search and to conduct a detailed review of documents he claims are subject to executive-privilege or other protections. Dearie has been overseeing that process for more than two months, but it could abruptly end if the appeals court rules that Cannon should not have appointed a special master in the first place.

[...]

In a 12-page filing, Trump’s attorneys asked Cannon to fully unseal the affidavit the FBI used to justify the search of Mar-a-Lago. Trump’s legal team expressed fears that the traffic jam of investigations into Trump could result in his personal records being sent to prosecutors investigating other matters connected to the ex-president.

“A general rummaging through the belongings of President Trump is a particularly ominous moment in law enforcement history,” Trump’s lawyers wrote in the filing, signed by attorney Lindsey Halligan.
Well, as Judge Pryor said, that's Trump's fault. Shouldn't have put his personal shit in with the government's documents.
If the appeal argued Tuesday is successful, the special master process Cannon ordered would be scuttled and her role in the dispute could end.
Let us hope.
While [Special Counsel Jack] Smith is now overseeing the team investigating the presence of various government records at Mar-a-Lago and possible obstruction of justice in the probe, the longtime prosecutor was not on hand for Tuesday’s arguments. He had a biking accident recently in the Netherlands, where he has been prosecuting war crimes cases from Kosovo in the Hague, officials said. Due to the mishap, Smith required surgery on his knee. He’s taking on his new assignment remotely for now and is expected to return to the U.S. soon, officials said.

The Justice Department submitted to the 11th Circuit an unusual filing Monday on behalf of Smith, notifying the court of his new role and advising that he “approves all of the arguments that have been presented in the briefs and will be discussed at the oral argument.”
An accident?

...but hey, do what you want...you will anyway.

UPDATE:  Jesus wept.

UPDATE:



Oh my

The Supreme Court on Tuesday rejected a bid by former President Donald Trump to prevent Congress from obtaining his federal income tax returns and those of related business entities from the IRS.

The decision sets the stage for the Democrat-controlled House Ways and Means Committee to obtain Trump’s tax returns in the weeks before Republicans take majority control of the House.

[...]

The order Tuesday by the Supreme Court, which noted no dissent from any justice, comes more than three months after a three-judge panel of the federal appeals court in Washington, D.C., ruled that the Ways and Means Committee had the right to obtain Trump’s tax returns.

  CNBC
They can't afford to look partial to Trump now with the leak scandal in full bloom. No doubt the Republicans will withdraw the request in January, so if the IRS doesn't hand over the records before then, he'll still keep them from Congress.

...but hey, do what you want...you will anyway.

Did Alvin Bragg find his conscience and/or his courage?

We assumed this was dead in the water.
The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Donald J. Trump [...] seeking to breathe new life into an inquiry that once seemed to have reached a dead end.

Under the new district attorney, Alvin L. Bragg, the prosecutors have returned to the long-running investigation's original focus: a hush-money payment to a porn star who said she had an affair with Mr. Trump.

The district attorney’s office first examined the payment to the actress, Stormy Daniels, years ago before changing direction to scrutinize Mr. Trump’s broader business practices. But Mr. Bragg and some of his deputies have recently indicated to associates, supporters and at least one lawyer involved in the matter that they are newly optimistic about building a case against Mr. Trump.

[...]

It is unclear whether Mr. Bragg or the special counsel will ultimately seek charges against Mr. Trump, who just announced a third presidential run.

  NYT
Do NOT tell me Bragg is going to say, well, now that Trump has announced candidacy, we CAN'T prosecute. Do not tell me that.
For Mr. Bragg, the hush-money developments suggest the first signs of progress since he took office at the beginning of the year, when he balked at indicting Mr. Trump in connection with his business practices.

But in bringing the inquiry full circle to the hush-money payment, Mr. Bragg is focusing on an aspect of the investigation that previously failed to bear fruit.

[...]

Under Mr. Bragg’s predecessor, the district attorney’s office rejected the idea of focusing a case solely on the hush money, concluding, with the help of outside legal experts, that it would hinge on a largely untested and therefore risky legal theory. And if Mr. Bragg were to charge Mr. Trump without uncovering any new evidence or relying on a more conventional theory, he would risk having a judge or appellate court throw out the case.
Also, do NOT tell me that Bragg, feeling pressure to do SOMEthing after all this time, is going to pursue a dead end and then say there wasn't enough to support a case.
To help build the hush-money case, prosecutors are revisiting another strategy that has yet to work: pressuring a top Trump lieutenant, Allen H. Weisselberg, to cooperate.
Oh, hell. Fuck this shit. Another case just proved Weisselberg won't turn on Trump. Alvin Bragg is STILL an asshat.
To ramp up the pressure, the prosecutors are considering a new round of charges against Mr. Weisselberg in hopes of securing his cooperation against the former president, the people said. Those potential charges concern insurance fraud and are unrelated to the hush money.
Go suck an egg, Al.

...but hey, do what you want...you will anyway.

UPDATE 04/05/2023:  Sorry, Alvin.  I take it all back.  I now understand the reasons Bragg didn't push this out.

SCOTUS under pressure


Oh, snap!
“Today’s New York Times report is another black mark on the Supreme Court’s increasingly marred ethical record, and we intend to get to the bottom of these serious allegations. It’s clear that one of the nation’s most important institutions – an institution that claims to be above politics – has been quietly captured by far-right political groups and secretive dark money influence. The Court needs to get its house in order and adopt a binding code of ethics, just as the lower courts have, and bring its travel and gift disclosure rules in line with the other branches of government. When the American people get their day in court, they must be able to trust that the decision handed down is justly rooted in law and fact – not the wishes of right-wing political groups and megadonors who purchased access to wine and dine the justices.”

  Sheldon Whitehouse.gov
On July 8, 2022, Politico reported that Rob Schenck, the former leader of the conservative religious group Faith and Action, admitted to leading a private judicial lobbying campaign over the course of two decades. Critically, this campaign may have continued even as Faith and Action’s successor organization, Faith and Liberty, frequently appeared before the Court as a litigant and amicus curiae.

[...]

As part of this Operation, Faith and Action reportedly “arranged . . . for about 20 couples to fly to Washington to visit with and entertain” Justices Thomas, Alito, and Scalia.8 One couple, Gayle Wright and her late husband Don, had an outsized role in “Operation Higher Court.” The Wrights allegedly “financed numerous expensive dinners with [Justices] Thomas, Alito, Scalia and their wives at Washington, D.C., hotspots.” [...] Earlier this month, Rolling Stone revealed that leaders of Faith and Action’s successor organization, Faith and Liberty, continue to enjoy private, previously undisclosed access to certain justices; according to Faith and Liberty’s current vice president, the organization’s leaders frequently pray with some of the justices in their chambers.

[...]

Litigants and the American public deserve to know when and how private groups are working to sway litigation by providing Supreme Court justices with lavish dinners or hunting trips.

[...]

Private, undisclosed lobbying by motivated organizations [...] has no place in our judiciary. Such lobbying should be expressly forbidden by a formal Supreme Court ethics code—as it appears to be under the Code of Conduct for United States Judges.

[...]

To that end, we urge the Supreme Court to adopt a code of conduct without delay, and the entire federal judiciary to move quickly to update its financial disclosure requirements to match those of Congress and the executive branch.

In the meantime, we respectfully request that you provide responses to the following questions regarding the justices’ knowledge of “Operation Higher Court.”
Given the severity of our concerns, we ask that you respond to our requests on or before Wednesday, September 21.

  Letter.pdf

Seems like a coordinated agreement to hide that information, does it not?

Impeach Alito and Thomas.  

Yes, I know, there isn't time before the Republicans take over the House.  And that sucks.

That letter must have put Roberts' knickers in a twist. And had Alito and Thomas seething and scrambling to hire their own personal attorneys.

And what was the Court's response on November 7? Essentially, fuck off.
In a response to the Chairmen earlier this month, a legal counsel for the Court did not substantively address their questions and made no mention of Faith and Action. That letter is available here. According to today’s story, Chief Justice Roberts received a letter in July stating that Faith and Action had received inappropriate advanced notice of the verdict in Burwell v. Hobby Lobby, but the Court did not acknowledge that information in its November response to Whitehouse and Johnson.

Earlier this year, Whitehouse and Johnson introduced the Supreme Court Ethics, Recusal, and Transparency Act to enact stronger recusal standards, require the Court to adopt a binding code of conduct, and mandate that the Supreme Court adopt more robust rules governing disclosure of gifts and travel paid for by outside parties. The bill would also require disclosure of the identity of funders of amicus briefs, and block amicus filers from making gifts or providing travel to court of appeals judges or Supreme Court justices.

  Sheldon Whitehouse.gov
When pigs fly.

Impeach Alito and Thomas.  

...but hey, do what you want...you will anyway.

UPDATE:
They're coming for you, chief. Things have spun out of your control. Among other things Sen. Sheldon Whitehouse is eager to hear a little bit more about:

[...]
It may assist the resolution of these issues if the Court were to designate an individual knowledgeable about them to provide testimony to us about the existence or not, and the nature if they exist, of any procedures that guide inquiry, investigation and determination of factual issues related to ethics or reporting questions raised about justices’ conduct.

That last part is the sound of the hunter's horn. If Roberts won't come to them, they'll settle for an ambassador, as long as they're satisfied the ambassador is empowered to deal. The truly ironic thing is that, in any fight between the court and the Congress, Roberts' staunchest institutionalist allies may wind up being Justices Sotomayor, Kagan, and Jackson. They truly respect the institution the way he allegedly did once. They recuse themselves from cases in which their participation might be improper (Jackson was barely settled in her chair when she had to take herself out of judging a case about Harvard's admissions policy because of her long connection to that university). It's obvious that Roberts can't rely on Alito or Thomas, who'd sell him cheap to Malay pirates; they wouldn't be protecting the court, they'd be protecting themselves. Kavanaugh is far from a rock in that regard, too. Gorsuch might be a wild card on whom Roberts could lean. Barrett would jump at shadows.

Roberts has to know that his entire legacy as chief justice is on the line right now. Smart people once told me that mattered to him.

  Charlie Pierce

UPDATE 11/29:  SCOTUS responds to Whitehouse and Johnson: Nothing to see here.  "Social hospitality" is allowed.


UPDATE:  Whitehouse and Johnson respond:
“Through legal counsel, the Supreme Court reiterated Justice Alito’s denials but did not substantively answer any of our questions. The Court’s letter is an embodiment of the problems at the Court around ethics issues. Unlike all other federal courts, there is no formal process for complaints; it took a Senator’s and a Congressman’s repeated letters to galvanize a response. Unlike all other federal courts, there is no formal process for fact-finding inquiry. The assertions of fact by the Court’s lawyer emerge from darkness, and overlook important facts like all the contemporaneous evidence that Mr. Schenck in fact knew both the outcome and author in advance and acted at that time on that knowledge. Unlike all other federal courts, there is no independence — no formal process of independent review. That absence of independence violates the ancient maxim, nemo judex in sua causa: no one should judge their own cause. These multiple failures of orderly process are peculiar, coming from the highest Court in the land. Procedure is the bone structure of justice,” Whitehouse and Johnson said in response to the new letter.

  Sheldon Whitehouse.gov