September 1, 2022
Afternoon Update:
Zolan Kanno-Youngs of the New York Times: "President Biden will travel to Philadelphia on Thursday for a prime-time address in which he will accuse Republicans loyal to ... Donald J. Trump of embracing a form of extremism that is a direct threat to the United States.... A senior White House official said the president would state in direct language how 'MAGA Republicans' have put the nation's institutions at risk and undermined democratic values. The focus on threats to democracy is a return to the issue that Mr. Biden said drove him to run for the presidency, after white supremacists marched through Charlottesville, Va., in 2017."
Alan Feuer & Ken Bessinger of the New York Times: "The top lawyer for the Oath Keepers militia, who was with the group's leader outside the Capitol on Jan. 6., 2021, was charged on Thursday with conspiring to obstruct a joint session of Congress that day as lawmakers met to certify the results of the 2020 election. The lawyer, Kellye SoRelle, was the latest member of the right-wing extremist group to be indicted in connection with the Capitol attack. The indictment, handed up in Federal District Court in Washington, also accused Ms. SoRelle, 43, of tampering with evidence connected to the Justice Department's grand jury investigation of Jan. 6 and illegally entering and remaining in a restricted area of the Capitol grounds."
Emma Brown of the Washington Post: "Virginia 'Ginni' Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, pressed lawmakers to overturn Joe Biden's 2020 victory not only in Arizona, as previously reported, but also in a second battleground state, Wisconsin, according to emails obtained under state public-records law.... The new emails show that Thomas also messaged two Republican lawmakers in Wisconsin: state Sen. Kathy Bernier, then chair of the Senate elections committee, and state Rep. Gary Tauchen. Bernier and Tauchen received the email ... on Nov. 9, virtually the same time the Arizona lawmakers received a verbatim copy of the message from Thomas.... Thomas sent all of the emails via FreeRoots, an online platform that allowed people to send pre-written emails to multiple elected officials."
Annie Karni of the New York Times: "The Senate's Republican campaign chief on Thursday appeared to escalate an ugly quarrel with ... Senator Mitch McConnell, in the latest sign of the G.O.P.'s eroding confidence about winning back the majority in November. Without naming Mr. McConnell, Senator Rick Scott of Florida ... lashed out in a blistering opinion piece in The Washington Examiner at Republicans he said were 'trash-talking' the party's candidates, an apparent reference to comments last month in which Mr. McConnell said that 'candidate quality' could harm the G.O.P.'s chances of retaking the Senate. Mr. Scott called such remarks 'treasonous' and said those who make them should 'pipe down.' 'Unfortunately, many of the very people responsible for losing the Senate last cycle are now trying to stop us from winning the majority this time by trash-talking our Republican candidates,' Mr. Scott wrote. 'It's an amazing act of cowardice, and ultimately, it's treasonous to the conservative cause.'" ~~~
~~~ Marie. Wait, wait! It's an act of treason to suggest that Herschel Walker or Dr. Oz is unqualified to join the Senate?? Well, hang me by my toes.
Sarah Mervosh of the New York Times: "National test results released on Thursday showed in stark terms the pandemic's devastating effects on American schoolchildren, with the performance of 9-year-olds in math and reading dropping to the levels from two decades ago. This year, for the first time since the National Assessment of Educational Progress tests began tracking student achievement in the 1970s, 9-year-olds lost ground in math, and scores in reading fell by the largest margin in more than 30 years. The declines spanned almost all races and income levels and were markedly worse for the lowest-performing students. While top performers in the 90th percentile showed a modest drop -- three points in math -- students in the bottom 10th percentile dropped by 12 points in math, four times the impact." CNN's report is here. MB: On the upside, parents, the kids are now as dumb as you are. Maybe your efforts to help them with their homework will now be useful.
Speaking of Dumb, Education Was Wasted on Tom Cotton. Rebecca Shabad of NBC News: "After Democrat Mary Peltola defeated Sarah Palin in Alaska's special election Wednesday, Sen. Tom Cotton, R-Ark., discredited the voting system used by Alaska voters that they chose to implement in their state. Cotton tweeted that Alaska's new ranked-choice voting system 'is a scam to rig elections,' casting doubt on the outcome of the process to fill the seat of late GOP Rep. Don Young. '60% of Alaska voters voted for a Republican, but thanks to a convoluted process and ballot exhaustion -- which disenfranchises voters -- a Democrat "won,'" Cotton said in a separate tweet." ~~~
~~~ Marie: See, Tom, in theory, ranked-choice voting should have favored Palin in this election. Both she & the third-place candidate Nick Begich are Republicans. Therefore, you would expect that Palin -- rather than a Democratic candidate -- would get most of Begich voters' second-choice votes. But she didn't. Palin lost because a majority of voters didn't want the former half-governor to win this election, not because there was something unfa-a-a-air about the system. Dimwit.
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** Uh, Wow! Nathaniel Herz of the Washington Post: "Democrat Mary Peltola has won a special election for the U.S. House in Alaska, defeating Republican Sarah Palin and becoming the first ever Alaska Native to win a seat in Congress as well as the first woman to clinch the state's at-large district. Peltola, who's Yup’ik,is a tribal fisheries manager and former state representative who led in initial counts after the Aug. 16 election. But her win wasn't assured until Wednesday, when Alaska officials made decisive second-choice counts using the state's new ranked choice voting system. Republican Nick Begich III, was eliminated, and his supporters' second choice votes were redistributed.... She will serve the remainder of a term left open by the sudden death of GOP Rep. Don Young in March. Young represented Alaska in Congress for 49 years." CNN's report is here.
Marie: For many hours I have been hearing experts on the teevee opine that Tuesday night's court filing by the Justice Department demonstrates that Donald Trump has no defense for his unlawful stealing & hoarding of presidential papers, including many, many classified documents. But I have found one. Remember that joke about the guy stealing wheelbarrows? Well, Trump wasn't stealing U.S. secrets or presidential papers that belong in the National Archives. He was stealing cardboard file transport boxes. And the U.S.A. is not going to arrest a former POTUS* for running off with a few cardboard boxes. Case closed. ~~~
~~~ Peterr at emptywheel offers another, much more creative response to Donald's Quandary. If your kids are having trouble understanding the Great White House Heist, Peterr's "That Bratt-I-Am, that Bratt-I-Am, I do not like that Bratt-I-Am" will help. Many thanks to RockyGirl for the link. ~~~
Breaking: White House updates donald trump’s official presidential portrait. pic.twitter.com/bunpzEQX5P
— Jo 🌻 (@JoJoFromJerz) August 31, 2022
~~~ Marie: That rug! When I first saw the photo, I thought it must have been taken in the FBI's cheap motel. But I quickly learned the pic is a typical evidence photo that was taken at Mar-a-Lago. And I've since learned the rug is probably expensive ($80-$100/sq.ft.) wall-to-wall custom carpet "made out of a mixture of wool and silk, or a shiny cotton-based substitute." Thanks to a friend for the link to the tweet.
Trump Answer: Of Course I Stole, Hoarded & Hid Classified Docs. "They're Mine!" Marshall Cohen of CNN: "... Donald Trump argued in a court filing Wednesday that the National Archives should have expected to find classified material among the 15 boxes Trump turned over in January from Mar-a-Lago because they were presidential records. The filing acknowledged that classified material was found at Mar-a-Lago, but argued that it should not have been cause for alarm -- and should not have led to the search of Trump's Florida residence earlier this month. Trump's new filing on Wednesday is his platform to formally respond to prosecutors' assertions that members of his legal team engaged in 'obstructive conduct' by concealing documents at his Florida resort and by providing untrue information to investigators about how many classified documents remained on site.... Trump's lawyers argue that under the Presidential Records Act, the Archives should have followed up with a good faith effort to secure recovery of presidential records, rather than referring a criminal probe to the Justice Department." ~~~
~~~ Charlie Savage, et al., of the New York Times: "... Donald J. Trump's legal team on Wednesday aggressively renewed its push for an independent arbiter to review documents the F.B.I. seized in its Aug. 8 search of his Florida residence, telling a federal judge that he had merely possessed 'his own presidential records.'... A hearing is scheduled for Thursday in Federal District Court in West Palm Beach.... The Presidential Records Act of 1978 ... makes clear that the government, not a president or former president, owns White House files generated during his time in office. (If Mr. Trump also had files generated by other agencies and departments, those have never been understood to be owned by presidents.) Mr. Trump's lawyers argued that the Presidential Records Act has no enforcement mechanism, suggesting that the government had no basis to seize the files..., brush[ing] aside the fact that a magistrate judge who issued the search warrant ... had done so not on the basis of the Presidential Records Act, but on other laws against concealing government records."
~~~ Here's the legal filing, via CNN.
Alan Feuer & Glenn Thrush of the New York Times: "... Donald J. Trump may have thought that he was playing offense when he asked a federal judge last week for an independent review of documents seized from his residence in Florida -- a move that, at best, could delay but not derail an investigation into his handling of the records. But on Tuesday night, the Justice Department used a routine court filing in the matter to initiate a blistering counteroffensive that disclosed new evidence that Mr. Trump and his legal team may have interfered with the inquiry.... It was as if Mr. Trump, seeming not to fully grasp the potential hazards of his modest legal move, cracked open a door, allowing the Justice Department to push past him and seize the initiative....
"Covering [the] final page [of the DOJ's response to Mr. Trump's complaint] was ... an image of five yellow folders marked 'Top Secret,' and a red one labeled 'Secret,' lying on the ground beside a box of magazine covers. The image, which seemed to be a standard evidence photo, was the sort of thing the government collects all the time for use at possible trials. But ... on Wednesday ... Mr. Trump attacked the image. 'Terrible the way the FBI, during the Raid on Mar-a-Lago, threw documents haphazardly all over the floor,' he wrote on his social media platform. He went to say...: '(Perhaps pretending it was me that did it!)'"
Perry Stein, et al., of the Washington Post: "Newly public details from the Justice Department's criminal probe of documents taken to Mar-a-Lago suggest enormous legal peril for two of Donald Trump's attorneys -- and considerable uncertainty for Trump himself, intelligence and legal experts said.... The evidence laid out in the filing, experts said, could build a legal case that Trump attorneys Evan Corcoran and Christina Bobb obstructed the government's investigation.... The [DOJ's] filing states that when officials visited Mar-a-Lago in June, Trump's lawyers did not let them search boxes in a storage room where the documents had been kept. Trump's custodian of records, who was not identified by name in the filing but previous reporting has shown is Bobb, signed a sworn statement in June pledging to officials that a'diligent search' for classified materials had been conducted at Mar-a-Lago. Corcoran allegedly told investigators at that time that all classified documents had been returned.... Three people close to Trump ... said Bobb is no longer expected to play a role in Trump's legal defense.... Left unanswered were key questions that could determine Trump's legal fate: Did he direct Corcoran and Bobb to mislead the government, either before or after the FBI raid of his Florida home and club? And, if so, why did he want to keep reams of top-secret classified documents there?" ~~~
~~~ Charlie Savage & Maggie Haberman of the New York Times: "Two lawyers for ... Donald J. Trump [-- Evan Corcoran & Christina Bobb --] are likely to become witnesses or targets in the investigation into how he hoarded documents marked as classified at his Florida estate -- and secretly held onto some even after they claimed all sensitive materials had been returned, legal specialists said.... In its filing late Tuesday, the Justice Department noted that ... '... the former president's counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room....'... [Trump's initial] complaint also claims that after [the DOJ's Jay] Bratt asked to inspect the storage room, investigators were escorted there, and once their inspection was completed, an F.B.I. agent said: 'Thank you. You did not need to show us the storage room, but we appreciate it. Now it all makes sense.'... The prospect that investigators may seek to obtain information from Mr. Corcoran, Ms. Bobb or both would almost certainly meet strenuous resistance from them and from Mr. Trump."
This Does Not Look Too Good. Kyle Cheney of Politico: "Just six days before the Justice Department subpoenaed to recover highly sensitive documents housed at Mar-a-Lago, one of ... Donald Trump's attorneys scoured the estate searching for records in response to a separate legal matter. The attorney, Alina Habba, told a New York State court that on May 5, she conducted a search of Trump's private residence and office at Mar-a-Lago that was so 'diligent' it included 'all desks, drawers, nightstands, dressers, closets, etc.' She was looking for records in response to a subpoena issued by New York Attorney General Letitia James.... The same filing also includes an affidavit from Trump himself, indicating that he 'authorized Alina Habba to search my private residence and personal office located at The Mar-a-Lago Club in Palm Beach, Florida for any and all documents responsive to the Subpoena.' Habba indicated she conducted similar searches at Trump's residences and office at his Bedminster estate. The filing submitted to the New York AG's office raises key questions in relation to ... whether Habba ended up handling any of the documents that DOJ later discovered at Trump's club; and, if so, whether she has the clearance to have done so..... After [the] subpoena [in the presidential papers case] was issued, Trump indicated that he responded by ordering staff to conduct a thorough search of the property for documents marked as classified. (Also linked yesterday.) ~~~
~~~ Marie: Looks as if Habba is about to become another Trump lawyer who finds out the true meaning of MAGA: "Make Attorneys Get Attorneys."
When Fox's Steve Doocy Is the Voice of Reason. Colby Hall of Mediaite: "Steve Doocy asked the question that most reasonable people have following a midnight DOJ filing that revealed stunning details surrounding the search and seizure at Mar-a-Lago.... 'Keep in mind, according to the filing, the agents found three classified documents in Donald Trump's [desk],' Doocy noted with a level of shock. 'What were they doing in the desk?!' [Referring to the photo of classified documents that accompanied the DOJ's filing, Doocy said,] 'And when you look at these particular things right here, at least five yellow folders marked top secret and another secret SCI -- that stands for sensitive compartmentalized information -- these are the biggest secrets in the world!.'" (Also linked yesterday afternoon.)
Jennifer Rubin of the Washington Post: "One does not need ... a therapist's license to conclude that defeated former president Donald Trump's nutty rant insisting that he be made president immediately or the 2020 election be rerun is the sign of an unhinged personality. Under pressure from the increasingly potent espionage investigation, he might be losing his grip. For a change, you don't hear Republicans rushing forth to support his latest insane demand. Trump's posting of QAnon messages and implicit threats (in increasingly unintelligible syntax) suggests that he is losing the ability or desire to control his impulsive outbursts. This is the guy whom millions of Republicans want to nominate for president.... Just how [Republican politicians] expect to rid themselves of someone like Trump is unclear."
Richard Fausset & Danny Hakim of the New York Times: "John Eastman, the lawyer who developed strategies to block certification of the 2020 election, is 'probably a target' in the criminal investigation into efforts to overturn Donald J. Trump's election loss in Georgia, one of Mr. Eastman's lawyers said on Wednesday. Mr. Eastman spent the morning appearing before an Atlanta special grand jury looking into the matter. The assertion that Mr. Eastman could face indictment in the Georgia case came from Harvey Silverglate, a well-known Boston-area criminal defense lawyer and civil liberties advocate who is representing Mr. Eastman. In a statement, Mr. Silverglate and another of Mr. Eastman's lawyers, Charles Burnham, said they advised Mr. Eastman 'to assert attorney client privilege and the constitutional right to remain silent where appropriate' in Wednesday's grand jury appearance. Mr. Silverglate said that his client had not been identified as a target by Fulton County prosecutors in Atlanta...." An NBC News story is here.
Here's the White House's transcript, as delivered, of President Biden's speech in Pennyslvania Tuesday. (Also linked yesterday afternoon.)
Noah Weiland & Sharon LaFraniere of the New York Times: "The Food and Drug Administration on Wednesday authorized the first redesign of coronavirus vaccines since they were rolled out in late 2020, setting up millions of Americans to receive new booster doses targeting Omicron subvariants as soon as next week. The agency cleared two options aimed at the BA.5 variant of Omicron that is now dominant: one made by Pfizer and its German partner BioNTech for use in people as young as 12, and the other by Moderna, for those 18 and older." (Also linked yesterday afternoon.)
Martin Pengelly of the Guardian: "A bronze plaque commemorating the Ku Klux Klan should be removed from the science centre at West Point, a congressional commission said, even though it falls outside the panel's remit because the racist terror group was formed after the American civil war.... The eight-member panel is tasked with recommending which US military assets should be renamed, to remove associations with Confederates who fought to maintain slavery." MB: The commission originally said it could not recommend removal of the plaque because memorials to post-Civil War organizations were outside its authority.
Beyond the Beltway
Florida Gubernatorial Race. Matt Dixon of the Tampa Bay Times: "Rep. Charlie Crist is resigning from Congress to focus on his bid for Florida governor, a move that was expected after his huge primary victory over Democratic Agriculture Commissioner Nikki Fried. The seat will remain vacant until the November election." (Also linked yesterday afternoon.) MB: Turns out Democrats aren't down by a single member inasmuch as Alaska Democrat Mary Peltola will replace a Republican.
Michigan. Mitch Smith of the New York Times: "A state board in Michigan refused on Wednesday to place an abortion rights referendum on the November ballot because of a dispute over word spacing on the petition, an embarrassing blow to abortion rights supporters who had gathered more than 750,000 signatures. The decision, which came when the Board of State Canvassers deadlocked along party lines, could still be overturned by the courts. But it injected further uncertainty into the fate of abortion in Michigan, a swing state where enforcement of a pre-Roe v. Wade abortion ban has been temporarily blocked by a judge and where many closely watched races are on this year's ballot.... Reproductive Freedom for All, a group supporting the amendment, accused the canvassers of disenfranchising voters and vowed to challenge the decision in court. The two Republicans on the board voted against placing the issue on the ballot, while the two Democratic canvassers supported presenting the question to voters." The AP's report is here.
Way Beyond
Ukraine, et al. The New York Times' live updates of developments Thursday in Russia's war on Ukraine are here. The Guardian's live updates are here. The Guardian's summary report is here. ~~~
~~~ The Washington Post's live briefings for Thursday are here: "An International Atomic Energy Agency team is facing delays of up to three hours, held up by Ukrainian forces, on its way to inspect the Zaporizhzhia nuclear power plant, a spokesperson for the agency told The Washington Post. IAEA chief Rafael Mariano Grossi has 'personally negotiated' with Ukrainian authorities to be able to proceed and remains 'determined' that his mission will reach the plant Thursday.... The IAEA team is aware of 'increased military activity' in the area near the plant, Grossi said Thursday before heading to the site from the city of Zaporizhzhia.... 'The Russians are shelling the pre-agreed route of the IAEA mission,' Ukraine's regional governor for Zaporizhzhia, Oleksandr Starukh, said Thursday on Telegram.... The number of Ukrainian refugees who have left the country has hit 7 million, according to the United Nations.... Moscow and its separatist allies in Ukraine have forcibly transferred hundreds of thousands of Ukrainians to Russia since the start of the war, according to U.S. officials and human rights investigators. Many are sent through a vast and punitive 'filtration' system that includes detentions, interrogations and mass data collection, reports Claire Parker."