May 14, 2022

Afternoon Update

Emily Cochrane of the New York Times: "Senator Mitch McConnell f Kentucky, the minority leader, visited Ukraine on Saturday to meet with President Volodymyr Zelensky, leading the latest delegation of American lawmakers to the country as the United States deepens its commitment to Kyiv's fight against the Russian invasion. The surprise visit by Mr. McConnell, who was accompanied by three other Republican senators, comes as the Senate is working to pass a $40 billion emergency military and humanitarian aid package for Ukraine.... The trip, a rare international visit for Mr. McConnell, highlights the widespread bipartisan support for Ukraine in Washington...."

Paul Kane of the Washington Post: Rep. Thomas Massie (R-Ky.) "is the only member of the House to hold a perfect 16-for-16 record opposing legislation to support Ukraine and oppose Russia, according to House records and a Democratic analysis provided to The Washington Post.... Little by little, however, with each proposal [to aid Ukraine], a few more Republicans would sign up [to oppose the legislation & resolutions]: eight Republicans opposed suspending trade privileges for Russia in mid-March; 17 Republicans opposed a resolution supporting Moldova, whose leaders fear their Ukraine-bordering nation could be Putin's next target; 19 opposed a similar resolution in support fo Georgia.... [Massie's] views remain a minority, but his allies in this cause include some of the closest allies to Trump, who ... has espoused his own fondness for Putin." On Monday Trump, who once called him a 'third-rate grandstander,' endorsed Massie in the GOP primary.”

Ellie Silverman & Kyle Swenson of the Washington Post: "Protesters gathered in Washington and at hundreds of events across the country on Saturday, including in New York City, San Antonio and Los Angeles, to rally for abortion rights.... The liberal groups that organized Saturday's protests designed the events as a resounding message to leaders that the majority of Americans support upholding Roe. In Washington, generations -- from babies and children to mothers and grandmothers who say they've been protesting for the right to an abortion for far too long -- gathered on the National Mall to send it. They voiced anger over the wave of abortion bans and restrictions taking hold in states across the country."

Jamelle Bouie of the New York Times takes on the Washington Post editors: "Having captured the court for their own ends, conservative legal elites have not been shy about their efforts to pressure the court to rule in their favor. Which is to say that in evaluating the recent protests, we have one important question to answer: Who has the right to speak directly to the Supreme Court? The elites who shape the court or the people who must live under it?"

Maureen Dowd of the New York Times: "There is an astonishing preponderance of Catholics on the Supreme Court -- six out of the nine justices, and a seventh, Neil Gorsuch, was raised as a Catholic and went to the same Jesuit boys' high school in a Maryland suburb that Brett Kavanaugh ... did, Georgetown Prep.... This Catholic feels an intense disquiet that Catholic doctrine may be shaping (or misshaping) the freedom and the future of millions of women, and men. There is a corona of religious fervor around the court, a churchly ethos that threatens to turn our whole country upside down.... Last year, at Thomas Aquinas College in California, Justice Samuel Alito fretted that there was growing cultural hostility toward Christianity and Catholicism. 'There is a real movement to suppress the expression of anything that opposes the secular orthodoxy,' he said. During her Supreme Court confirmation hearings, Amy Coney Barrett tried to reassure Democrats who were leery of her role as a 'handmaid' in a Christian group.... The group has a male-dominated hierarchy and a rigid view of sexuality reflecting conservative gender norms and rejecting openly gay men and women. Men, the group's decision makers, 'headed' their wives."

Zach Montellaro, et al., of Politico: "Pennsylvania state Sen. Doug Mastriano on Saturday landed the coveted endorsement of ... Donald Trump with days to go before the gubernatorial primary. The prospect of Trump's endorsement of Mastriano, a leading voice in the movement to overturn the 2020 election results and who was present at the Capitol during the Jan. 6 insurrection, had alarmed local and national Republicans concerned about his ability to win a general election.... Mastriano -- who also has ties to the QAnon conspiracy theory -- was already leading in the polls in the fractured primary, despite being well outspent on TV by candidates like former U.S. Attorney Bill McSwain and businessman David White.... Trump had been skeptical of Mastriano, according to another person familiar, but was impressed by his lead in the polls and focus on the 2020 election."

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Scott Wong of NBC News: "The House Judiciary Committee plans to hold a hearing next week on the 'implications' of the Supreme Court overturning Roe v. Wade, Judiciary Chairman Jerrold Nadler confirmed to NBC News on Friday.... The hearing [-- scheduled for Wednesday at 10 am ET --] will 'expose the extremism of this leaked opinion -- it is literally undoing 50 years of precedent and signaling that they will go after other privacy rights. Nobody is safe,' Rep. Madeleine Dean, D-Pa., a Judiciary member and co-chair of the bipartisan Women's Caucus, said in an interview."

Dana Milbank of the Washington Post: Politicians' and the media's "small-bore response [to the leaked draft opinion] misses the radical change to society that Justice Samuel Alito and his co-conspirators are poised to ram down the throats of Americans. Their stunning action ... is upending who we are as a people.... Overturning Roe would be a shock to our way of life.... It took years (and a stolen seat or two) to build this destructive Supreme Court. The building backlash will have to be just as sustained."

Kate Riga of TPM: "At a Thursday night event at the Antonin Scalia Law School at George Mason University, ['Justice' Samuel Alito] had harsh words for the two conservative justices who joined the majority in Bostock v. Clayton County. The 2020 opinion said that the Civil Rights Act of 1964, which prohibits sex-based discrimination, extends to gay and transgender workers. Justice Neil Gorsuch wrote the majority opinion, in which he was joined by the liberals and Chief Justice John Roberts. Speaking via a video feed Thursday, Alito called Gorsuch a 'colleague and friend,' but said that grounding the decision in the text of the 1964 law was 'in my view indefensible,' according to the Washington Post." Thanks to Forrest M. for the link. MB: Presumably, an attempt to overturn Bostock would fail, but that would depend upon Gorsuch, Roberts & the three justices appointed by Democrats sticking together. And nothing is certain now over there at Crazy Court.

In the Weird World of Clarence Thomas. Adam Liptak of the New York Times: "The leak of a draft opinion has done irreparable damage to the Supreme Court, Justice Clarence Thomas said at a conference in Dallas on Friday night, adding that it had destroyed trust among the members of the court.... Justice Thomas said the left has adopted tactics that conservatives would not employ. 'You would never visit Supreme Court justices' houses when things didn't go our way,' he said. 'We didn't throw temper tantrums....' He added that conservatives have 'never trashed a Supreme Court nominee.'" Politico's report is here. MB: When things didn't go your way, Clarence, your wife went out to overturn a presidential election & foment an insurrection. And you might want to ask Sonia Sotomayor, Elena Kagan & accused pedophile-enabler Ketanji Brown Jackson if "conservatives" had trashed them. And, gosh, I hope it doesn't upset you too much if we find out the leak was from your office.

Casey Parks of the Washington Post: "As the Supreme Court moves closer to potentially overturning Roe v. Wade, Democratic-led states have begun allocating money to increase access to abortion -- both for their own constituents and for people traveling from states where the procedure may soon become illegal. But critics say the efforts lack transparency. The problem, critics say, is no one knows exactly how Oregon[, for instance,] will spend the money."

What we are calling for is a total ban, no exceptions. We don't think abortion is ever necessary to save the life of the mother. -- Mark Sande of Pro-Life Wisconsin ~~~

How exactly is it "pro-life," Mark, to stand around and watch women die? -- Confused in New England ~~~

~~~ Looking for New Battles After the War Is Won. Ariana Cha & Emily Wax-Thibodeaux of the Washington Post: "Terminating a pregnancy to save a mother's life has long been accepted as a moral imperative by those on both sides of the abortion debate.... But now, with the U.S. Supreme Court potentially moving to overturn Roe..., emboldened conservatives in some states are pushing to narrow and in some cases eliminate such exceptions, arguing that they create loopholes that are easily exploited." MB: People like Mark there have made careers of advocating against abortion, and now they're at sixes & sevens to find new "causes." When your job and/or your favorite thing to do is on the line, a relatively small number of unnecessary deaths of women is a price well worth paying. It's hard to exaggerate what hateful, twisted reprobates these people are.

Matthew Chapman of the Raw Story: "On Friday, writing for The Atlantic, Canadian author Margaret Atwood -- author of the patriarchal dystopia 'The Handmaid's Tale' == said that the Supreme Court's impending decision to strike down Roe v. Wade creates the nightmarish world she was depicting.... Atwood ... [wrote] that she actually stopped writing the novel multiple times because she considered its premise to be too extreme to be taken seriously. 'Silly me,' she commented.... You can read more here. (Firewalled.) MB: The Handmaid's Tale was published in 1985. That, of course, was before any of the imbeciles who intend to vote to overturn Roe were on the Court. (Also linked yesterday afternoon.)

The New York Times' live updates of developments Saturday in Russia's war on Ukraine are here: "The foreign ministers of Finland and Sweden were scheduled to meet ... for an informal working dinner ... with their NATO counterparts in Germany on Saturday as both countries move toward joining the alliance and Western allies redouble their efforts to solidify their unity against Russia.... At the same time, Western nations' efforts to exact economic punishment on Russia's elite were closing in on those closest to President Vladimir V. Putin. Britain placed sanctions on his cousins, ex-wife and a former Olympic gymnast rumored to be his romantic partner.... Ukrainian forces further pushed the Russians away from the city of Kharkiv in the northeast on Friday. They appeared to win the battle there by waging a counteroffensive rivaling their earlier success in the capital, Kyiv, analysts said.... The Pentagon said that U.S. Army troops would be rotated in to replace the 10,500 additional forces the United States has sent to Europe to bolster NATO's eastern flank and the Baltics, a sign that the troop buildup could become permanent." ~~~

     ~~~ The Washington Post's live updates for Saturday are here: "'Very difficult negotiations' are ongoing for the 'next stage' of evacuations from the Azovstal steel plant and Mariupol, focused on medics and the seriously wounded, Ukrainian President Volodymyr Zelensky said Friday. Ukrainian forces have been holed up there for more than two months."

Eleanor Watson of CBS News: "Defense Secretary Lloyd Austin spoke to his Russian counterpart, Defense Minister Sergei Shoigu, Friday for the first time since Russia initiated its invasion of Ukraine. According to a readout from the Pentagon, during the conversation with Shoigu, Austin 'urged an immediate ceasefire in Ukraine and emphasized the importance of maintaining lines of communication.'... A U.S. senior defense said the call lasted about an hour and confirmed that Austin had requested the call. Since mid-February, the Pentagon has consistently been reaching out for calls with Russian counterparts, but the Russians had previously shown no interest. It's unclear now why Shoigu agreed to Friday's call."

John Henley & Ruth Michaelson of the Guardian: "The Turkish president, Recep Tayyip Erdoğan, has cast doubt on Finnish and Swedish membership of Nato, saying he does not have a positive opinion of the two Nordic nations joining the military alliance after Russia's invasion of Ukraine.... Membership of Nato would require ratification by all existing members.... The comments appeared directed at the Kurdistan Workers' Party (PKK), which Turkey regards as a terrorist organisation, although they appeared to encompass the communities of Kurdish origin in Scandinavia as a whole.... Sweden has a large Kurdish diaspora, and prominent Swedish citizens of Kurdish origin currently include six members of parliament." (Also linked yesterday afternoon.)

AP: "WNBA star Brittney Griner had her pre-trial detention in Russia extended by one month Friday, her lawyer said. Alexander Boykov told The Associated Press he thinks the relatively short extension indicated that Griner's case would go to trial soon. The 31-year-old American basketball player has been in custody for nearly three months." (Also linked yesterday afternoon.)

Psaki Has Left the Building. Brian Stelter of CNN: "Jen Psaki held her 224th and final briefing as White House press secretary on Friday afternoon.... Psaki's successor, Karine Jean-Pierre, confirmed on Friday that she will continue to hold regular briefings. Embedded in their remarks on Friday is a stark difference between presidents and parties. In about 16 months working on behalf of President Joe Biden, Psaki held a greater number of briefings than all of ... Donald Trump's press secretaries combined. The Trump-era total was 205...."

David McCabe & Cecilia Kang of the New York Times: "The confirmation of a third Democrat to the Federal Trade Commission on Wednesday broke a partisan deadlock at the agency.... With the F.T.C.'s new Democratic majority -- which came with the confirmation of Alvaro Bedoya, who becomes the fifth commissioner, in a slot that had been vacant since October -- [FTC chairwoman Lina] Khan's [D] allies and critics are watching to see if she pushes forward plans to address corporate power. That could include filing an antitrust lawsuit against Amazon, setting online privacy rules and tapping little-used agency powers to clip the wings of companies like Meta, Apple and Google."

Luke Broadwater & Emily Cochrane of the New York Times: "The decision by the House committee investigating the Jan. 6 attack on the Capitol to issue subpoenas to five Republican members of Congress, including Representative Kevin McCarthy..., has sent a shock wave through Capitol Hill, heightening tensions in an already hostile environment and raising questions about the future of the inquiry and the institution itself.... In the House, subpoenas are almost never issued outside of the Ethics Committee, which is charged with investigating allegations of misconduct by members. But it is also exceedingly rare for lawmakers to refuse outright to cooperate with an investigation.... Mr. McCarthy has made no secret of his plans to retaliate against Democrats if Republicans win control of the House. He has named Representative Adam B. Schiff, a member of the committee, and Representative Eric Swalwell, both California Democrats, as potential targets."

Aaron Blake of the Washington Post runs down what some Trump aides -- Mike Esper, Bill Barr, John Bolton & Stephanie Grisham -- said before & after they quit/were fired from their jobs, and they fakey explanations of why they stayed silent till their books came out. Why, it's almost as if they did an awful lot of dissembling.

Alyssa Rosenberg of the Washington Post: "In the debate over how to address the widespread shortage of infant formula in the United States, some Republicans have advanced a novel -- and ugly -- idea: Take food from migrant babies in federal detention and give it to American children. Such a 'solution' is not only legally forbidden, it's morally reprehensible.... The implied proposal to starve some children to punish their parents should leave all decent people aghast.... It was bad enough when [Texas Gov. Greg] Abbott wanted to deny immigrant children schooling. This new statement is an implied endorsement of politically motivated starvation." MB: According to Chris Hayes of MSNBC, there are a few hundred babies in U.S. custody at the border, and three or four million U.S. babies who use formula. Starving a few hundred immigrant babies is not going to feed millions of American babies. The GOP/Fox "News" proposal is not just immoral and illegal; it is stupid. Oh, and a crime against humanity.

Michael Scherer & Josh Dawsey of the Washington Post: "From Nebraska and Idaho to Pennsylvania and Georgia, Republicans have been actively campaigning -- or quietly maneuvering -- against [Donald] Trump's picks in a way that could undermine his sway over the party. One prominent example came Tuesday when Trump's endorsed candidate for Nebraska governor, Charles Herbster, lost in the GOP primary after significant opposition from Gov. Pete Ricketts (R).... In Pennsylvania, former Trump secretary of state Mike Pompeo and Sen. Ted Cruz (R-Tex.), a strong Trump ally, are stumping for Senate candidate David McCormick ... -- even though Trump is backing candidate and television personality Mehmet Oz.... In his sharpest political challenge yet to Trump..., former vice president Mike Pence announced Friday that he would campaign for Georgia Gov. Brian Kemp (R), who is seeking reelection over Trump endorsee David Perdue. ~~~

     ~~~ Trumparithmetic. From the Scherer-Dawsey story: “'President Trump is already 58-1 this election season, and the power of his endorsement continues to propel candidates across the nation in a way no endorsement has before,' said Trump spokesman Taylor Budowich, referring to a win-loss record pushed by Trump that contains numerous unopposed candidates.... Trump has long been obsessed with his own endorsement win-loss record, often combining risk-taking endorsements with safer picks so that his percentage stays high." MB: If you run unopposed, do you throw yourself a victory party? Who concedes?

Kelvin Chan & Tom Krisher of the AP: "Elon Musk said Friday that his plan to buy Twitter is 'temporarily on hold,' raising fresh doubts about whether he'll proceed with the $44 billion acquisition. Musk tweeted that he wanted to pinpoint the number of spam and fake accounts on the social media platform. Musk has been vocal about his desire to clean up Twitter's problem with 'spam bots' that mimic real people and appeared to question whether the company was underreporting them. But Twitter has disclosed in regulatory filings that its bot estimates might be low for at least two years, leading some analysts to believe that Musk could be raising the issue as a reason to back out of the deal." (Also linked yesterday afternoon.) ~~~

     ~~~ Adam Satariano & Lauren Hirsch of the New York Times: "First, in a pre-dawn tweet, Mr. Musk said the deal was on hold. He said he wanted more details about the volume of spam and fake accounts on the platform. Then, about two hours later, Mr. Musk tweeted again. He was 'still committed' to the acquisition, he said, without providing any more details." MB: The richest man in the world thinks it's ever so much fun to mess with people. Especially when it puts him back on the front page. (Also linked yesterday afternoon.)

Grio: "'It is with great pleasure that I write to announce my appointment of Jelani Cobb as the next Dean of Columbia Journalism School,' Columbia University president Lee C. Bollinger said in an announcement released today. The appointment is effective Aug. 1. Cobb joined the faculty in 2016 as the Ira A. Lipman Professor of Journalism and Director of the Ira A. Lipman Center for Journalism and Civil and Human Rights. He previously served as an Associate Professor of History and Director of the Africana Studies Institute at the University of Connecticut. Since 2012, Cobb has worked as a contributor and a staff writer for The New Yorker."

Neil Lewis of the New York Times: "Robert C. McFarlane, a former decorated Marine officer who rose in civilian life to be President Ronald Reagan's national security adviser and then fell from grace in the Iran-contra scandal, died on Thursday in Lansing, Mich. He was 84."

Adam Cancryn of Politico: "A painful and foreboding reality is setting in for the White House as it enters a potentially dangerous stretch of the Covid fight: It may soon need to run its sprawling pandemic response on a shoestring budget. Just two months after the administration unveiled a nearly 100-page roadmap out of the crisis, doubts are growing about Congress' willingness to fund the nation's fight. It has forced Biden officials to debate deep cuts to their Covid operation and game out ways to keep the federal effort afloat on a month-by-month basis. Among the sacrifices being weighed are limiting access to its next generation of vaccines to only the highest-risk Americans...." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: I was trying to decide when to get my second booster: now, or in the fall, when the risk of contracting the virus is supposed to rise sharply. I guess I'll get it now.

Beyond the Beltway

Alabama. Rick Rojas of the New York Times: "A federal judge late Friday blocked portions of an Alabama law that prevent medical professionals from providing care that helps transgender children and teenagers transition, making it a felony offense that is punishable by up to 10 years in prison. The severity of the punishment == which also includes threats of criminal prosecution for parents and educators who support a child in transitioning -- has stood out even amid a wave of legislation [across the country].... In an order issued late Friday night, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama temporarily halted the state from enforcing parts of the law that make it a felony to prescribe hormones or puberty-blocking medication while the court challenge continued.... Medical professionals are still forbidden to perform gender-affirming surgical procedures on children."

Florida. Renzo Downey of Florida Politics: "Gov. Ron DeSantis has appointed Rep. Cord Byrd to be Florida's next Secretary of State. Byrd, a three-term Neptune Beach Republican, was rumored to be on the shortlist to replace outgoing Secretary of State Laurel Lee, who announced she would leave the administration Monday amid talk she would run for Congress.... When Byrd steps into his new office in the Department of State, he will inherit a legal challenge to Florida's congressional maps, which were drawn by DeSantis' office and passed by the Legislature during a Special Session. Byrd will also oversee the Primary Election on Aug. 23 and the General Election on Nov. 8, and the Department will implement the Office of Election Crimes and Security under his watch.... Byrd's appointment followed DeSantis' appointment of his wife, Esther Byrd, to the Board of Education in March.... She is known as a staunch supporter of ... Donald Trump who has made comments supportive of QAnon. After the Jan. 6, 2021, Capitol riots, Esther Byrd offered a defense of those 'peacefully protesting' certification of the 2020 Presidential Election while alluding to 'coming civil wars.'"

Georgia. Emma Brown & Amy Gardner of the Washington Post: "A former elections supervisor in rural Coffee County, Ga., has told The Washington Post that she opened her offices to a businessman active in the election-denier movement to help investigate results she did not trust in the weeks after ... Donald Trump's 2020 defeat. Trump had carried the conservative county by 40 points, but elections supervisor Misty Hampton said she remained suspicious of Joe Biden's win in Georgia. Hampton made a video that went viral soon after the election, claiming to show that Dominion Voting System machines, the ones used in her county, could be manipulated.... [When asked about the movements and activities of those she invited into her offices,] 'I'm not a babysitter,' she told The Post.... [The businessman, Scott Hall, brought a team of 'investigators' into the elections facility. According to an audio recording of a telephone conversation, he said the team] 'went in there and imaged every hard drive of every piece of equipment' and scanned ballots.... In the year and a half since the 2020 election, there has been steady drumbeat of revelations about alleged security breaches in local elections offices -- and a growing concern among experts that officials who are sympathetic to claims of vote-rigging might be persuaded to undermine election security in the name of protecting it."

Georgia. DWB, Ctd. Char Adams of NBC News: "Newly released body camera footage of Georgia sheriff's deputies stopping a majority-Black lacrosse team's bus shows the officers rifling through the players' personal items -- after the sheriff asserted the deputies did no such thing. Liberty County Sheriff William Bowman said in a statement Tuesday that deputies weren't racially profiling the women's lacrosse team for Delaware State University, a historically Black university, when they stopped the team's bus on April 20. He also said that 'no personal items on the bus or any person were searched.'... Footage obtained by the Delaware News Journal shows deputies going through several bags, digging through makeup, inspecting medicine, and even opening a wrapped gift.... University president Tony Allen wrote in a statement on Monday that he is 'incensed' by the incident and noted that 'nothing illegal was discovered in this search.'"

Montana ... or Maybe California??? Ben Lefebvre & Daniel Lippman of Politico: "Ryan Zinke, the former Trump Interior secretary now running for Congress again in Montana, has long faced questions about whether he lives in the state or in California. Now, new tax records uncovered by Politico show that Zinke's wife has designated the home she inherited years ago from her parents in Santa Barbara as her primary residence[, qualifying her for a $7,000 homeowner's tax exemption].... When Zinke filed his candidacy papers with the Federal Election Commission, he listed his family house in Whitefish, Montana, as his place of residence. But he and his wife have used Lola Zinke's home in Santa Barbara as a mailing address for fundraising invitations, Lola's own campaign contributions and a business contract his consulting firm filed with the Securities and Exchange Commission.... There's nothing illegal about a candidate having a primary residence in one state and running for office in another."

Pennsylvania Primary Races. Timothy Evans of the Raw Story: "The Philadelphia Inquirer, perhaps the most influential and well-respected newspaper in Pennsylvania, says that after an in-depth look at Republican primary candidates for statewide office, it cannot endorse any one of them. The newspaper's editorial board wrote on Friday, 'With Pennsylvania voters headed to the polls Tuesday to choose the Republican and Democratic candidates for governor and U.S. Senate, it's as if the primaries are occurring on two different planets.' As evidence, the Inquirer cited responses to questionnaires it sent to GOP candidates asking the simple question 'who won the 2020 presidential election?... Only one candidate -- Jeff Bartos -- agreed to acknowledge reality,' it reports."

Texas. David Goodman of the New York Times: "The Texas Supreme Court ruled on Friday that investigations of parents with transgender children for possible child abuse could continue, after an emergency appeal by state officials including Gov. Greg Abbott. The ruling reversed an appeals court decision that had temporarily halted the inquiries statewide. But the court said that officials could not resume the investigation into the plaintiffs that had brought the lawsuit, a family and a doctor, acknowledging that the inquiry would cause 'irreparable harm' and leaving in place the injunction as their case proceeds to trial. In its 12-page opinion, the court found that the appeals court had 'abused its discretion' in issuing a statewide order at this point in the legal process." (Also linked yesterday afternoon.)

Way Beyond

Israel/Palestine. New York Times: "Israeli police officers on Friday assaulted mourners at the funeral procession of a prominent Palestinian American journalist killed this week in the occupied West Bank, forcing pallbearers to nearly drop the coffin. Video showed police officers in Jerusalem beating and kicking pallbearers carrying the coffin that contained the body of the journalist, Shireen Abu Akleh, striking other mourners with batons, and forcing one man to the ground. During the commotion, the pallbearers were pushed backward, causing them to briefly lose control of one end of the coffin.... The incident at the funeral procession lasted for roughly a minute, and followed a tense standoff between paramilitary police and mourners in which at least one empty plastic bottle was thrown in the direction of the police." The article is part of a liveblog. The AP's report is here. (Also linked yesterday afternoon.) ~~~

     ~~~ Ramon Vargas of the Guardian: "Joe Biden’s secretary of state has issued a statement condemning Israeli forces for their attack hours earlier on the funeral procession in Jerusalem of a Palestinian American journalist who was shot and killed this week. 'We are deeply troubled by the images of Israeli police intruding into the funeral procession of Palestinian American Shireen Abu Aqleh,' Antony Blinken's statement on his official Twitter account read. 'Every family deserves to lay their loved ones to rest in a dignified and unimpeded manner.'... When [the funeral procession] began walking toward the gates of St Joseph's Hospital, Israeli police officers, in an apparent bid to stop them proceeding by foot rather than taking the coffin by car, burst through the courtyard gates and charged at the crowd. Some beat pallbearers with batons and kicked them." ~~~

     ~~~ Robert Mackey of the Intercept has more details about the murder of Abu Aqleh and Israel's response.

Philippines. Rebecca Ratcliffe of the Guardian: "The glimpse of a possible Picasso in the home of Imelda Marcos seen during a visit by her son, Ferdinand 'Bongbong' Marcos Jr, after his election win has set off a flurry of speculation in the Philippines, where the family that once plundered billions is set to return to power. Marcos Jr, the son and namesake of the late dictator, won a landslide victory in Monday's presidential election, an outcome that has appalled those who survived his father's regime. Images released by the family showed Marcos Jr visiting the home of his mother, Imelda, who had displayed Picasso's Femme Couche VI (Reclining Woman VI), or a replica, above the sofa. It is unclear if the painting, one of eight targeted for seizure by anti-corruption authorities in 2014, is genuine, but the unexpected appearance of the nude in blues and greens ... has added to fears the family will use its now-increased power to brazenly further stifle efforts to recover ill-gotten wealth."

News Ledes

American Weekend. AP: "A gunman sporting a rifle and body armor opened fire in a supermarket in Buffalo, New York, killing at least 10 people before being taken into custody Saturday afternoon, law enforcement officials told The Associated Press. Details on the number of additional people shot at the Tops Friendly Market and their conditions weren't immediately available.... Investigators believe the man may have been livestreaming the shooting and were looking into whether he had posted a manifesto online, the official said. The official cautioned the investigation was in its preliminary stages and that authorities hadn't yet discerned a clear motive, but were investigating whether the shooting was racially motivated." ~~~

     ~~~ The story has been updated. New Lede: "A white 18-year-old wearing military gear and livestreaming with a helmet camera opened fire with a rifle at a supermarket in Buffalo, killing 10 people and wounding three others Saturday in what authorities described as 'racially motivateed violent extremism.' The gunman wore body armor and military-style clothing during the attack on mostly Black shoppers and workers at Tops Friendly Market. For at least two minutes, he broadcast the shooting live on the streaming platform Twitch before the service ended his transmission." ~~~

~~~ New York Times: "At least 17 people were wounded in a shooting in downtown Milwaukee on Friday night, blocks from the arena where an N.B.A. playoff game ended hours earlier, the police said. The Milwaukee Police Department said that there were no fatalities in the shooting, which happened around 11:09 p.m. in a popular nightlife area. The victims were between 15 and 47 years old and were all expected to survive, the police said."

May 13, 2022

Afternoon Update:

Matthew Chapman of the Raw Story: "On Friday, writing for The Atlantic, Canadian author Margaret Atwood -- author of the patriarchal dystopia 'The Handmaid's Tale' -- said that the Supreme Court's impending decision to strike down Roe v. Wade creates the nightmarish world she was depicting.... Atwood ... [wrote] that she actually stopped writing the novel multiple times because she considered its premise to be too extreme to be taken seriously. 'Silly me,' she commented.... You can read more here. (Firewalled.) MB: The Handmaid's Tale was published in 1985. That, of course, was before any of the imbeciles who intend to vote to overturn Roe were on the Court.

John Henley & Ruth Michaelson of the Guardian: "The Turkish president, Recep Tayyip Erdoğan, has cast doubt on Finnish and Swedish membership of Nato, saying he does not have a positive opinion of the two Nordic nations joining the military alliance after Russia's invasion of Ukraine.... Membership of Nato would require ratification by all existing members.... The comments appeared directed at the Kurdistan Workers' Party (PKK), which Turkey regards as a terrorist organisation, although they appeared to encompass the communities of Kurdish origin in Scandinavia as a whole.... Sweden has a large Kurdish diaspora, and prominent Swedish citizens of Kurdish origin currently include six members of parliament."

AP: "WNBA star Brittney Griner had her pre-trial detention in Russia extended by one month Friday, her lawyer said. Alexander Boykov told The Associated Press he thinks the relatively short extension indicated that Griner's case would go to trial soon. The 31-year-old American basketball player has been in custody for nearly three months."

Kelvin Chan & Tom Krisher of the AP: "Elon Musk said Friday that his plan to buy Twitter is 'temporarily on hold,' raising fresh doubts about whether he'll proceed with the $44 billion acquisition. Musk tweeted that he wanted to pinpoint the number of spam and fake accounts on the social media platform. Musk has been vocal about his desire to clean up Twitter's problem with 'spam bots' that mimic real people and appeared to question whether the company was underreporting them. But Twitter has disclosed in regulatory filings that its bot estimates might be low for at least two years, leading some analysts to believe that Musk could be raising the issue as a reason to back out of the deal." ~~~

     ~~~ Adam Satariano & Lauren Hirsch of the New York Times: “First, in a pre-dawn tweet, Mr. Musk said the deal was on hold. He said he wanted more details about the volume of spam and fake accounts on the platform. Then, about two hours later, Mr. Musk tweeted again. He was 'still committed' to the acquisition, he said, without providing any more details." MB: The richest man in the world thinks it's ever so much fun to mess with people. Especially when it puts him back on the front page.

Adam Cancryn of Politico: "A painful and foreboding reality is setting in for the White House as it enters a potentially dangerous stretch of the Covid fight: It may soon need to run its sprawling pandemic response on a shoestring budget. Just two months after the administration unveiled a nearly 100-page roadmap out of the crisis, doubts are growing about Congress' willingness to fund the nation's fight. It has forced Biden officials to debate deep cuts to their Covid operation and game out ways to keep the federal effort afloat on a month-by-month basis. Among the sacrifices being weighed are limiting access to its next generation of vaccines to only the highest-risk Americans...." ~~~

     ~~~ Marie: I was trying to decide when to get my second booster: now, or in the fall, when the risk of contracting the virus is supposed to rise sharply. I guess I'll get it now.

Texas. David Goodman of the New York Times: "The Texas Supreme Court ruled on Friday that investigations of parents with transgender children for possible child abuse could continue, after an emergency appeal by state officials including Gov. Greg Abbott. The ruling reversed an appeals court decision that had temporarily halted the inquiries statewide. But the court said that officials could not resume the investigation into the plaintiffs that had brought the lawsuit, a family and a doctor, acknowledging that the inquiry would cause 'irreparable harm' and leaving in place the injunction as their case proceeds to trial. In its 12-page opinion, the court found that the appeals court had 'abused its discretion' in issuing a statewide order at this point in the legal process."

Israel/Palestine. New York Times: "Israeli police officers on Friday assaulted mourners at the funeral procession of a prominent Palestinian American journalist killed this week in the occupied West Bank, forcing pallbearers to nearly drop the coffin. Video showed police officers in Jerusalem beating and kicking pallbearers carrying the coffin that contained the body of the journalist, Shireen Abu Akleh, striking other mourners with batons, and forcing one man to the ground. During the commotion, the pallbearers were pushed backward, causing them to briefly lose control of one end of the coffin.... The incident at the funeral procession lasted for roughly a minute, and followed a tense standoff between paramilitary police and mourners in which at least one empty plastic bottle was thrown in the direction of the police." The article is part of a liveblog. The AP's report is here.

~~~~~~~~~~

John Hudson of the Washington Post: “President Biden juggled the competing demands of his foreign policy agenda on Thursday as he hosted a summit with Southeast Asian leaders at the White House while managing the United States’ response to Russia’s invasion of Ukraine. The two-day summit in Washington is aimed at showing Biden’s commitment to Asia, where the United States is in a 'competition with China to win the 21st century,' as the president often says.... U.S. officials hope the gathering of Asian leaders can strengthen the region’s commitment to a rules-based order in the face of China’s growing military and economic clout.”

Anatoly Kurmanaev & Jack Nicas of the New York Times: "A gathering of Western Hemisphere leaders next month hosted by the United States and meant to showcase America’s resurgent leadership in the region is at risk of becoming a public relations debacle. Less than three weeks before the Summit of the Americas in Los Angeles, there are fears that rather than highlighting the Biden administration’s vision for a part of the world that ... Donald J. Trump largely ignored, the event could expose America’s weakening ability to advance its agenda in the region. A growing number of Latin American and Caribbean heads of state, including the presidents of Mexico and Brazil — the region’s two largest nations — are considering not even showing up, threatening to deliver a humiliating blow to the White House."

I’ll tell ya, there’s never been a better time for the supreme court to force women to have more kids than right now. -- Jimmy Kimmel, on the baby formula shortage ~~~

~~~ Marianna Sotomayor & Ashley Parker of the Washington Post: "President Biden and lawmakers from both parties are scrambling to address a growing lack of baby formula in many stores that has made it difficult for some parents to feed their young children. On Thursday, Biden received an update from retailers and manufacturers, including Wal-Mart, Target, Reckitt and Gerber. Then administration officials announced they would cut bureaucratic red tape in hopes of getting more formula to stores more quickly, call on the Federal Trade Commission and state attorneys general to crack down on formula price-gouging, and increase imports of formula to boost the domestic supply.... Some House Republicans ... accused the Biden administration of prioritizing providing formula to migrant mothers arriving at the southern border after images of stocked shelves and pallets of baby formula were taken by border agents at processing centers." An AP report is here. ~~~

~~~ While mothers and fathers stare at empty grocery store shelves in a panic, the Biden administration is happy to provide baby formula to illegal immigrants coming across our southern border. This is yet another one in a long line of reckless, out-of-touch priorities from the Biden administration when it comes to securing our border and protecting Americans. — Joint statement by Texas Gov. Greg Abbott (R) and National Border Patrol Council (NBPC) President Brandon Judd, May 12 ~~~

This is a ridiculous faux outrage. The shortage of baby formula is a serious issue that the administration is seeking to address. But at the same time, the administration cannot be faulted for following the law and providing baby formula to undocumented immigrants. Anyone who suggests this is the result of specific Biden policies, i.e., his 'reckless, out-of-touch priorities,' earns Four Pinocchios. -- Glenn Kessler of the Washington Post

Jeanna Smialek & Emily Cochrane of the New York Times: "Jerome H. Powell, the Federal Reserve chair, was confirmed to a second four-year term at the head of the central bank on Thursday — keeping him in one of the most consequential jobs in the United States and world economy at a moment of rapid inflation and deep uncertainty. Mr. Powell, who was first chosen as a Fed governor by former President Barack Obama and then elevated to chair by ... Donald J. Trump, was renominated by President Biden late last year. The Senate approved Mr. Powell by a 80-19 vote. Several Republicans and Democrats voted against the nomination." An AP report is here. (Also linked yesterday.) 

The New York Times' live updates of developments Friday in Russia's war on Ukraine are here: "Moscow is withdrawing forces from around Kharkiv, Ukraine’s second-largest city, where it has been losing ground, Ukrainian and Western officials say, in one of Russia’s biggest setbacks since its retreat from Kyiv last month. Officials say the Kremlin will probably redirect troops to the southeast, where it is said to be bolstering its forces in Izium, a city it captured last month. Izium, about two hours southeast of Kharkiv, has become a crucial operations center for Russia, which is said to be making gains in the eastern Donbas region, where fighting has been relentless." ~~~

     ~~~ The Washington Post's live updates for Friday are here: “A 21-year-old Russian soldier will stand before a Kyiv court on Friday in the first war crimes trial of the conflict, according to the Ukrainian prosecutor general’s office. In the hearing set to start at noon local time, Vadim Shishimarin is accused of killing an unarmed 62-year-old civilian in northeast Ukraine in late February.... In the coming days, Sweden is set to hold a parliamentary debate over joining NATO, after Finland’s leaders said their country must apply to enter the defense alliance 'without delay.'” ~~~

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

The New York Times' summary of Thursday's developments in the war are here.

What a Dick! Alyssa Lukpat & Emily Cochrane of the New York Times: "Senator Rand Paul of Kentucky on Thursday single-handedly delayed a bipartisan effort to quickly send $40 billion in aid to Ukraine, which Congress had tried to fast-track amid the escalating brutality of Russia’s war. The Senate needed unanimous consent to waive procedural hurdles and approve the humanitarian and military aid package, which the House passed 368-to-57 on Tuesday. Mr. Paul, a Republican and a libertarian who generally opposes U.S. spending on foreign aid, objected, halting what had been an extraordinary effort to rapidly shepherd the largest foreign aid package through Congress in at least two decades. Mr. Paul had sought to alter the bill to include a provision requiring that an inspector general monitor the spending, and was not satisfied with a counteroffer from party leaders to have a separate vote on that proposal.... The Senate is still expected to approve the aid package, but Mr. Paul’s objection will delay a vote until at least next week." The AP's report is here. See Akhilleus' commentary below.

U.K. Boris & Natasha Sergei. Jane Bradley of the New York Times: "One of the biggest donors to Britain’s Conservative Party is suspected of secretly funneling hundreds of thousands of dollars to the party from a Russian account, according to a bank alert filed to Britain’s national law enforcement agency. The donation, of $630,225, was made in February 2018 in the name of Ehud Sheleg, a wealthy London art dealer who was most recently the Conservative Party’s treasurer. The money was part of a fund-raising blitz that helped propel Prime Minister Boris Johnson and his party to a landslide victory in the 2019 general election.... The money originated in a Russian account of Mr. Sheleg’s father-in-law, Sergei Kopytov, who was once a senior politician in the previous pro-Kremlin government of Ukraine. He now owns real estate and hotel businesses in Crimea and Russia.... [Barklays] bank, which maintained some of the accounts used in the transaction, flagged the donation as both suspected money laundering and a potentially illegal campaign donation."

Daniel Boffey of the Guardian: Igor Pedin, a 61-year-old man, & his dog walked 225 km [140 miles], from his home in war-ravaged Mariupol to find relative safety in Zaporizhzhia, Ukraine. The story of their journey is interesting.

** Luke Broadwater & Emily Cochrane of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol issued subpoenas on Thursday to five Republican members of Congress, including Representative Kevin McCarthy, the minority leader, who had refused to meet with the panel voluntarily. The committee’s leaders had been reluctant to issue subpoenas to their fellow lawmakers. That is an extraordinarily rare step for most congressional panels to take, though the House Ethics Committee, which is responsible for investigating allegations of misconduct by members, is known to do so. ~~~

~~~ "The panel said it was demanding testimony from Mr. McCarthy, of California, who engaged in a heated phone call with ... Donald J. Trump during the Capitol violence; Representative Scott Perry of Pennsylvania, who coordinated a plan to try to replace the acting attorney general after he resisted Mr. Trump’s false claims of widespread fraud; Representative Jim Jordan of Ohio, who was deeply involved in the effort to fight the election results; Representative Andy Biggs of Arizona, the former leader of the ultraconservative House Freedom Caucus; and Representative Mo Brooks of Alabama, who has said Mr. Trump has continued to seek an unlawful reinstatement to office for more than a year. All five have refused requests for voluntary interviews about the roles they played in the buildup to the attack...." An AP report is here. (Also linked yesterday.)

Maggie Haberman & Michael Schmidt of the New York Times: "Federal prosecutors have begun a grand jury investigation into whether classified White House documents that ended up at ... Donald J. Trump’s Florida home were mishandled, according to two people briefed on the matter. The intensifying inquiry suggests that the Justice Department is examining the role of Mr. Trump and other officials in his White House in their handling of sensitive materials during the final stages of his administration. In recent days, the Justice Department has taken a series of steps showing that its investigation has progressed beyond the preliminary stages. Prosecutors issued a subpoena to the National Archives and Records Administration to obtain the boxes of classified documents, according to the two people familiar with the matter, who spoke on condition of anonymity.... ~~~

~~~ "Despite Mr. Trump’s role in helping incite the mob that stormed the Capitol on Jan. 6 and his other efforts to disrupt the counting and certification of the election, there has been no indication to date that the Justice Department has begun examining any criminal culpability he might have in those matters." (Also linked yesterday.) The Raw Story has a summary report here.

Jacob Bogage of the Washington Post: “A House committee has opened an investigation into the U.S. Postal Service’s $11.3 billion plan to purchase mostly gas-powered mail-delivery trucks, ordering the mail agency to turn over confidential records on their environmental impact and costs. Rep. Carolyn B. Maloney (D-N.Y.), who chairs the powerful House Oversight and Reform Committee, told Postmaster General Louis DeJoy in a letter sent Wednesday night that his agency may have 'relied on flawed assumptions' to justify buying a fleet in which only 1 in 10 of the new vehicles would run on cleaner electric power.”

Dominick Mastrangelo of the Hill: “Rep. Hakeem Jeffries (D-NY) this week blasted Supreme Court Justice Clarence Thomas for his stance on a number of issues facing the court, including abortion rights.... [Thomas commented last week,] 'We are becoming addicted to wanting particular outcomes, not living with the outcomes we don’t like.'... Earlier this year, the House select committee investigating the Jan. 6, 2021, Capitol riot revealed text messages between Ginni Thomas and former President Trump’s chief of staff Mark Meadows that showed Thomas urging Meadows to fight to keep Trump in power after the 2020 presidential election.” Emphasis added. Jeffries' response to Thomas' complaint is spot-on: ~~~

Virtual Book Burning. David Ingram of NBC News: “E-reader apps that became lifelines for students during the pandemic are now in the crossfire of a culture war raging over books in schools and public libraries. In several states, apps and the companies that run them have been targeted by conservative parents who have pushed schools and public libraries to shut down their digital programs, which let users download and read books on their smartphones, tablets and laptops. Some parents want the apps to be banned for their children or even for all students. And they’re getting results.... 'The terrifying thing is that they can be censored with the flip of a switch, without due process, without evaluating the substance of the claims,' said Deborah Caldwell-Stone, the director of the Office for Intellectual Freedom at the American Library Association.”

Seth Masket in a Politico Magazine opinion piece: "t’s not clear where historians will ultimately draw the line, but one could make a good case that the looming Dobbs v. Jackson Women’s Health decision marks the end of a Democratic century. The moral arc of the universe may have seemed like it was bending toward a liberal vision of the social world, but in fact much of that vision — including the New Deal and the Warren Court — was something of an historical anomaly, created by chance. The judicial branch is a lagging indicator of party power, with lifetime-appointed jurists remaining powerful long after the president who nominated them has left office. Much of what’s happened within the judiciary over the past century has been an echo of a period of electoral dominance by the Democrats."

The Pandemic, Ctd.

The New York Times' live updates of Covid-19 developments Friday are here: “The coronavirus has been spreading across North Korea 'explosively' since late last month, killing six people and leaving 187,800 people in quarantine, the country’s state media reported on Friday. Health officials made the rare admission of an emerging public health crisis after the country reported its first outbreak of the virus — after long insisting it had no infections and refusing outside humanitarian aid to fight any spread.”

Sheryl Stolberg of the New York Times: “President Biden, anticipating the milestone of one million American lives lost to Covid-19, said in a formal statement on Thursday that the United States must stay committed to fighting a virus that has 'forever changed' the country.... The statement came hours before Mr. Biden convened his second Covid-19 summit, aimed at injecting new urgency into the global coronavirus response. At the summit, both Mr. Biden and Vice President Kamala Harris, who was representing the United States in the opening session with world leaders, used the gathering to mark the coming milestone. Mr. Biden also issued a proclamation on Thursday ordering flags at the White House and all federal buildings to be flown at half-staff until next Monday to mark the one million deaths.” An ABC News story is here. (Also linked yesterday.)

Linda Qiu of the New York Times: “The country’s largest meatpackers successfully lobbied the Trump administration in the early months of the coronavirus pandemic to keep processing plants open despite knowing the health risks to their workers, according to a congressional report released on Thursday. The report, prepared by a select House committee, describes the extent of the meat industry’s influence on the administration’s response to the pandemic: Companies stoked 'baseless' fears of an imminent meat shortage in an effort to prevent plant closures. The legal department of Tyson Foods drafted the initial version of an executive order ... Donald J. Trump issued in April 2020 declaring processing plants as 'critical infrastructure.' And industry concerns prompted the government to adjust its federal recommendations on worker safety at a meatpacking plant.... About 59,000 workers at meatpacking plants contracted the virus from March 1, 2020, to Feb. 1, 2021, and 269 eventually died, the committee said in October.” CNN's report is here.

Beyond the Beltway

America would not exist without the heroism of the young adults who fought and died in our revolutionary army. -- Judge Ryan Nelson, Ninth Circuit Trump appointee

Thank the Lord those young revolutionary soldiers had semiautomatic weapons instead of those pesky single-shot muskets. -- Marie ~~~

~~~ California. Glenn Thrush of the New York Times: “An appeals court panel ruled on Wednesday that California’s ban on the sale of semiautomatic weapons to adults under the age of 21 violated the right to bear arms found in the Second Amendment of the Constitution. Judge Ryan Nelson, writing for a two-to-one majority in the U.S. Court of Appeals for the Ninth Circuit, struck down a ruling by a federal judge in San Diego that upheld what Judge Nelson called an 'almost total ban on semiautomatic' rifles for young adults.” MB: Meant to link this earlier. Thanks to P.D. Pepe for the reminder. (Also linked yesterday.)

May 12, 2022

Late Morning/Afternoon Update:

Luke Broadwater & Emily Cochrane of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol issued subpoenas on Thursday to five Republican members of Congress, including Representative Kevin McCarthy, the minority leader, who had refused to meet with the panel voluntarily. The committee's leaders had been reluctant to issue subpoenas to their fellow lawmakers. That is an extraordinarily rare step for most congressional panels to take, though the House Ethics Committee, which is responsible for investigating allegations of misconduct by members, is known to do so.

~~~ "The panel said it was demanding testimony from Mr. McCarthy, of California, who engaged in a heated phone call with ... Donald J. Trump during the Capitol violence; Representative Scott Perry of Pennsylvania, who coordinated a plan to try to replace the acting attorney general after he resisted Mr. Trump's false claims of widespread fraud; Representative Jim Jordan of Ohio, who was deeply involved in the effort to fight the election results; Representative Andy Biggs of Arizona, the former leader of the ultraconservative House Freedom Caucus; and Representative Mo Brooks of Alabama, who has said Mr. Trump has continued to seek an unlawful reinstatement to office for more than a year. All five have refused requests for voluntary interviews about the roles they played in the buildup to the attack...." An AP report is here.

Maggie Haberman & Michael Schmidt of the New York Times: "Federal prosecutors have begun a grand jury investigation into whether classified White House documents that ended up at ... Donald J. Trump's Florida home were mishandled, according to two people briefed on the matter. The intensifying inquiry suggests that the Justice Department is examining the role of Mr. Trump and other officials in his White House in their handling of sensitive materials during the final stages of his administration. In recent days, the Justice Department has taken a series of steps showing that its investigation has progressed beyond the preliminary stages. Prosecutors issued a subpoena to the National Archives and Records Administration to obtain the boxes of classified documents, according to the two people familiar with the matter, who spoke on condition of anonymity.... ~~~

~~~ "Despite Mr. Trump's role in helping incite the mob that stormed the Capitol on Jan. 6 and his other efforts to disrupt the counting and certification of the election, there has been no indication to date that the Justice Department has begun examining any criminal culpability he might have in those matters."

Jeanna Smialek & Emily Cochrane of the New York Times: "Jerome H. Powell, the Federal Reserve chair, was confirmed to a second four-year term at the head of the central bank on Thursday -- keeping him in one of the most consequential jobs in the United States and world economy at a moment of rapid inflation and deep uncertainty. Mr. Powell, who was first chosen as a Fed governor by former President Barack Obama and then elevated to chair by ... Donald J. Trump, was renominated by President Biden late last year. The Senate approved Mr. Powell by a 80-19 vote. Several Republicans and Democrats voted against the nomination." An AP report is here.

Sheryl Stolberg of the New York Times: "President Biden, anticipating the milestone of one million American lives lost to Covid-19, said in a formal statement on Thursday that the United States must stay committed to fighting a virus that has 'forever changed' the country.... The statement came hours before Mr. Biden convened his second Covid-19 summit, aimed at injecting new urgency into the global coronavirus response. At the summit, both Mr. Biden and Vice President Kamala Harris, who was representing the United States in the opening session with world leaders, used the gathering to mark the coming milestone. Mr. Biden also issued a proclamation on Thursday ordering flags at the White House and all federal buildings to be flown at half-staff until next Monday to mark the one million deaths." An ABC News story is here.

America would not exist without the heroism of the young adults who fought and died in our revolutionary army. -- Judge Ryan Nelson, Ninth Circuit Trump appointee

Thank the Lord those young revolutionary soldiers had semiautomatic weapons instead of those pesky single-shot muskets. -- Marie ~~~

~~~ California. Glenn Thrush of the New York Times: "An appeals court panel ruled on Wednesday that California's ban on the sale of semiautomatic weapons to adults under the age of 21 violated the right to bear arms found in the Second Amendment of the Constitution. Judge Ryan Nelson, writing for a two-to-one majority in the U.S. Court of Appeals for the Ninth Circuit, struck down a ruling by a federal judge in San Diego that upheld what Judge Nelson called an 'almost total ban on semiautomatic' rifles for young adults." MB: Meant to link this earlier. Thanks to P.D. Pepe for the reminder.

~~~~~~~~~~

Alice Ollstein & Marianne Levine of Politico: "The Senate once again failed to advance abortion rights legislation Wednesday, in a largely symbolic effort Democrats mounted in response to the Supreme Court's draft opinion overturning Roe v. Wade. In a 49-51 vote, the Senate rejected the Democratic legislation, with Sen. Joe Manchin (D-W.Va.) and all Republicans voting against the measure. While the outcome was no surprise and mirrored a similar vote on abortion protections the Senate took in February, Majority Leader Chuck Schumer suggested the court's draft opinion, published by Politico last week, had raised the stakes.... Both Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska), who support abortion rights, opposed the Democratic bill. They see that legislation as too expansive and are instead pushing a narrower alternative that would codify the Roe and Casey decisions the Supreme Court is expected to overturn." (Also linked yesterday.) ~~~

     ~~~ Annie Karni of the New York Times: "... Democrats' failure to advance the bill capped a calculated and yearslong Republican effort, across all levels of government, to chip away at abortion rights, by electing lawmakers who oppose them, installing judges at the state and federal levels who are hostile to them and pressing forward with legislation in states around the nation to strictly limit them and test the boundaries of Roe. Democrats, by contrast, appeared to have little in the way of a plan for what would come next now that their legislative path to preserve abortion rights is effectively closed off, except to frame the stakes for voters who they hoped would be moved to punish Republicans."

     ~~~ Lawrence O'Donnell pointed out that senators representing about 30 percent of the population defeated a bill which senators representing 70 percent of the people voted for. Marie: When you consider that the bill was necessitated by the anti-woman opinions of four so-called justices (and a fifth who still may vote with them) who were nominated by presidents who lost the popular vote, we need to get over the idea that we live in a functioning democracy. This is a country run by a minority consisting of recidivist rubes and radical reactionaries. ~~~

~~~ The Ultimate in Mansplaining: Women Are Like Sea Turtles. María Paúl of the Washington Post: "Standing [on the Senate floor] by a poster showing turtle hatchlings next to babies, Sen. Steve Daines (R) on Tuesday argued that under a bill proposed by Democrats, the eggs of sea turtles and eagles would have more protections than human fetuses.... The senator's analogy sparked outrage on social media.... 'When sea turtles are attacked something is actually done and people are held criminally responsible,' California Democratic congressional candidate Eric Garcia wrote. 'Women on the other hand are called liars and get their Human Rights taken away.'" (Also linked yesterday.)

In a way, leaking a confidential document is a perfect metaphor for the court's disregard for privacy. -- Prof. Sherry Colb ~~~

~~~ ** The Supreme Sieve. Adam Liptak of the New York Times: "The disclosure of a draft opinion that would overrule Roe v. Wade, along with related reports of the court's internal workings, has transformed a decorous and guarded institution into one riven by politics.... In addition to posting the draft opinion, which was dated Feb. 10, Politico reported that five members of the court -- Justices Alito, Kavanaugh, Barrett, Clarence Thomas and Neil M. Gorsuch -- had voted to overturn Roe shortly after the challenge to it was argued in December. 'That lineup remains unchanged as of this week,' Politico reported last week. On Wednesday, it provided an update: 'None of the conservative justices who initially sided with Alito have to date switched their votes.' Politico added that Justice Alito has not circulated a revised version of his draft and that no other justice has circulated a concurring or dissenting opinion."

Michael Isikoff of Yahoo! News: Josh Gerstein, "one of the two Politico reporters who obtained the Supreme Court draft opinion overturning Roe v. Wade, questions whether Chief Justice John Roberts has the legal authority to order his fellow justices and their clerks to cooperate in an internal investigation into who leaked the document.... Roberts denounced the leak ... [and ordered] the marshal of the court to conduct an investigation to identify the leaker.... But as Gerstein pointed out, the 98-page draft opinion published by Politico was not a classified document and did not contain sensitive personal information like Social Security numbers that would make it illegal to publish. The journalist did allow that a 'very broad' interpretation of laws prohibiting the 'theft of government property' could be invoked by the Justice Department.... But he expressed doubt that Roberts or the Justice Department would go that route.... Attorney General Merrick Garland is already on record saying it is 'flatly wrong for the Justice Department to be involved in subpoenaing reporters directly or even coming after reporters for their phone records, email records or otherwise.'"

Shawn Hubler of the New York Times: "Underscoring the nation's widening divide as the U.S. Supreme Court seems poised to overturn the constitutional right to abortion, Gov. Gavin Newsom of California on Wednesday proposed a series of tax incentives explicitly aimed at recruiting employers from states that restrict reproductive and L.G.B.T.Q. rights. The governor's announcement -- which came as Senate Democrats failed to pass legislation that would have codified abortion rights across the country -- was an overt challenge to the Republican governors of Florida and Texas, where recent laws have limited classroom speech on gay rights and access to abortions. It also served as an invitation to Disney, which has said it will relocate some 2,000 California positions to a new Florida campus."

The New York Times' live updates of developments Thursday in Russia's war on Ukraine are here. A summary of developments Wednesday, by Mark Landler, is here. ~~~

     ~~~ The Washington Post's live updates for Thursday are here: "Finland's leaders announced Thursday that they would seek NATO membership..., a potential tectonic shift to the military alliance and Europe's security order.... The Finnish leaders said membership -- which would double NATO's land border with Russia -- would bolster Finland's security and the defense alliance.... Ukraine said its troops were pushing back Russian forces around the second-largest city of Kharkiv, as airstrikes hit the Chernihiv region further north. With the conflict disrupting European crop exports and driving up food costs around the globe, President Biden has unveiled new policies to ramp up U.S. agricultural production.... Many Ukrainian refugees who have fled the fighting into Russia are reportedly being forced to submit to strip searches and interrogations, put through 'filtration camps' or stripped of their documents. Moscow has dismissed the allegations. Ukraine's prosecutor general said the country will try a Russian soldier who is in custody. The 21-year-old would be the first to stand trial on a war crimes charge in the conflict." ~~~

     ~~~ The Guardian's live updates for Thursday are here: Russia's foreign ministry said in a statement, "Finland joining Nato is a radical change in the country's foreign policy. Russia will be forced to take retaliatory steps, both of a military-technical and other nature, in order to stop threats to its national security arising."

Jon Henley of the Guardian: "Finland must apply to join Nato without delay in the wake of Russia's attack on Ukraine, its president and prime minister have said, confirming a historic change in the Nordic country's security policy after decades of military non-alignment. Sauli Niinistö and Sanna Marin made the call in a joint statement, adding: 'We hope that the national steps still needed to make this decision will be taken rapidly within the next few days.'" ~~~

     ~~~ Marie: Another of myriad reasons to be glad Donald Trump isn't still president*. He probably would oppose Finland's NATO application as retaliation against Finns making fun of him for his claim that President Niinistö told him Finns raked the forest floors to prevent fires.

Rachel Siegel of the Washington Post: "While inflation remains painfully high, the pace of higher prices showed some signs of easing in April, as prices rose 8.3 percent compared with a year ago and 0.3 percent compared to the month before, the slowest increase since last summer. Data released Wednesday by the Bureau of Labor Statistics may give policymakers some nascent hope that soaring inflation may be starting to slow down, even as households continue to feel the pain. For example, March prices rose at a sharper pace, 8.5 percent compared to previous year.... The cost of shelter, food, airfare and new cars were the largest contributors to the April data." CNBC's report is here. (Also linked yesterday.)

Myah Ward of Politico: "The president traveled the country on Wednesday, sharpening his lines of attack against the Republican Party as primary season kicks into full gear. Throughout the day, he laid into the GOP and baited ... Donald Trump, even testing a new nickname for his predecessor: the great MAGA king.... [President] Biden is moving into full-fledged campaign mode.... At a DNC fundraiser later Wednesday, the president called his 2020 victory against Trump a 'low bar,' and dug into his favorite phrase of late, 'MAGA Republicans,' twice calling these politicians 'petty,' 'mean-spirited' and 'extreme.'"

Anna Phillips of the Washington Post: "The Interior Department confirmed Wednesday that it will not hold three oil and gas lease sales in the Gulf of Mexico and off the coast of Alaska that had been scheduled to take place, taking millions of acres off the auction block. The decision, which comes as U.S. gas prices have reached record highs, effectively ends the possibility of the federal government holding a lease sale in coastal waters this year. The Biden administration is poised to let the nationwide offshore drilling program expire next month without a new plan in place.... Interior spokeswoman Melissa Schwartz cited a lack of interest from oil companies, as well as legal obstacles and a time crunch, as reasons for nixing the planned auctions." A CBS News story is here.~~~

     ~~~ Marie: According to the WashPo report, "A study commissioned by the American Petroleum Institute found that a lapse in the program would cost tens of thousands of jobs and billions in lost state and local revenue." First, a study commissioned by the American Petroleum Institute is suspect on its face. Second, I've heard O&G companies are not drilling on land they've already leased. So if the new leaseholders are going to just sit on their leases, the failure to lease the areas won't cost any jobs or state revenues. BTW, if you think the government should have let the the areas in question because gas prices are so high, selling these leaseholds today would not lower gas prices for a decade.

Jacqueline Alemany of the Washington Post: "President Biden has authorized the National Archives and Records Administration to hand over an eighth tranche of presidential records from the Trump White House to the House committee investigating the deadly Jan. 6, 2021, attack on the Capitol. In a letter released Wednesday by the National Archives, Biden again declined to assert executive privilege over the records -- the latest batch sought by the committee after the Supreme Court rejected ... Donald Trump's bid to block such releases."

Kyle Cheney of Politico: "Attorney John Eastman urged Republican legislators in Pennsylvania to retabulate the state's popular vote -- and throw out tens of thousands of absentee ballots -- in order to show Donald Trump with a lead, according to newly unearthed emails sent in December 2020, as Trump pressured GOP lawmakers to subvert his defeat. This recalculation, he posited in an exchange with one GOP state lawmaker, 'would help provide some cover' for Republicans to replace Joe Biden's electors from the state with a slate of pro-Trump electors, part of a last-ditch bid to overturn the election results.... The exchange was part of a batch of emails obtained from the University of Colorado, where Eastman worked as a visiting professor at the time he was helping Trump strategize ways to remain in power. The emails were obtained via public records requests by the Colorado Ethics Institute, which sent them along to the Jan. 6 select committee last month.... The Denver Post first reported on the existence of the emails." (Also linked yesterday.) ~~~

     ~~~ Marie: Eastman's plan is a bit complicated, but it all flows from this: just throw out the type of ballots that favored Biden. I don't know that it's against the law to plan an illegal act that is never executed, but for a lawyer to advise another person to break the law should at least cost him his license to practice. ~~~

     ~~~ Luke Broadwater & Alan Feuer of the New York Times: "The emails were the latest evidence of just how far Mr. Trump and his allies were willing to go in the weeks after Election Day to keep him in power -- complete with anti-democratic plans to install fake pro-Trump electors and reject the votes of Biden supporters." ~~~

     ~~~ Greg Sargent of the Washington Post: "Note that Eastman says, almost as an aside, that state legislators have the 'authority' to appoint new electors even if the popular vote totals don't justify it. 'Eastman's view is that the legislature has absolute power in terms of picking presidential electors,' elections expert Richard L. Hasen told me, even if that means 'ignoring the will of the voters' or 'the legislature's prior rules on how to pick those electors.'... 'This shows the country one more strategic booby trap that was improvised by Trump's team that can sit there for use by bad-faith actors in future elections,' [Rep. Jamie] Raskin [D-Md.] told me." (Also linked yesterday.)

Martin Pengelly of the Guardian: "Democrat Joe Biden is 'the best person' to lead the US, the Republican senator and fervent Donald Trump supporter Lindsey Graham said in tapes released on Monday [on CNN] by the authors of a bestselling political book. The South Carolina senator was speaking on and shortly after 6 January 2021 to Jonathan Martin and Alex Burns.... A spokesperson for Graham told CNN: 'The Joe Biden we see as president is not the one we saw in the Senate. He's pursued a far-left agenda as president.'" (Also linked yesterday.)

Dan Lamothe of the Washington Post: "... Donald Trump wanted to court-martial two prominent retired military officers for their perceived slights and disloyalty, his former defense secretary Mark T. Esper alleges in a new book.... Trump, Esper recounts in 'A Sacred Oath,' had developed a disdain for Stanley McChrystal and William H. McRaven, popular and influential leaders who, in retirement, criticized the president." MB: There are two reasons Trump considers any efforts to hold him accountable are "witch hunts": (1) he believes he can do no wrong; (2) he assumes others are as scheming & retaliatory as he is. So a double helping of paranoid narcissism with a side dish of projection. (Also linked yesterday.)

Jonah Bromwich & Ben Protess of the New York Times: "Donald J. Trump was released from a judicial order holding him in contempt of court on Wednesday, ending an embarrassing two-week period for the former president.... A New York State judge, Arthur F. Engoron, held Mr. Trump in contempt late last month after finding that he had failed to comply with the terms of a December subpoena sent by the attorney general, Letitia James, requesting documents from his personal files. The judge ordered Mr. Trump to pay $10,000 a day until he complied, leading to a $110,000 penalty. On Wednesday, Justice Engoron withdrew the contempt order, but set a few conditions, including requiring Mr. Trump to pay the fine. The judge ruled that if Mr. Trump and his company did not meet the conditions by May 20, he would reinstate the contempt order and retroactively apply the $10,000-a-day fine." (Also linked yesterday.)

Eric Lipton of the New York Times: "The Trump International Hotel in Washington is now officially out of business after the Trump family on Wednesday completed its sale to a Miami investor group, which plans to reopen it as a Waldorf Astoria.... The deal with the investor group, CGI Merchant Group, for a reported price of $375 million covers only the operation of the hotel, which is housed in a building leased from the federal government."

The New York Times' live updates of Covid-19 developments Wednesday are here. (Also linked yesterday.)

Beyond the Beltway

Florida. Andrew Pantazi of the Jacksonville Tributary: "A 2nd Judicial Circuit Court judge struck down Jacksonville's congressional districts in a ruling against Florida's redistricting process. Circuit Judge Layne Smith said, 'I am finding the enacted map is unconstitutional because it diminishes African Americans' ability to elect candidates of their choice.' He ordered the state to adopt a map that maintains an east-to-west version of Jacksonville's 5th Congressional District, stretching from Duval to Gadsden counties. The ruling came after a Wednesday hearing that saw plaintiffs argue that Gov. Ron DeSantis' congressional map, which eliminated Jacksonville's current Black ability-to-elect district, violated the state constitution. The governor's office said it will appeal the ruling." MB: Since the suit will likely end up in the Florida Supreme Court, which is dominated by wingers, it seems to me DeSantis will still win his voter-suppression game. (Also linked yesterday.) CNN's story, which is here, notes that DeSantis appointed Judge Smith to the bench.

Florida. Dana Goldstein & Stephanie Saul of the New York Times (May 9): "To help explain its puzzling rejection of dozens of math textbooks, the state of Florida released nearly 6,000 pages of reviewer comments this week and revealed an often confusing, contradictory and divisive process. A conservative activist turned textbook reviewer was on the lookout for mentions of race. Another reviewer ... flagged a word problem comparing salaries for male and female soccer players. As part of the official review process, the state assigned educators, parents and other residents to review textbooks, in part to determine whether they adhered to Florida's teaching standards for math.... Reviewers were asked to flag 'critical race theory,' 'culturally responsive teaching,' 'social justice as it relates to CRT' and 'social-emotional learning,' according to the documents.... The various reviewers seldom agreed on whether those concepts were present -- and, if they were, whether the books should be accepted or rejected for including them." ~~~

     ~~~ Marie: IOW, the DeSantis gang brought in a bunch of amateurs & challenged them to hunt for whatever they thought was "woke." Naturally, the amateurs wanted to come up with some work product, so they rejected books for specious reasons. A+ and a gold star for each of them.

Florida. Patricia Mazzei & Livia Albeck-Ripka of the New York Times: "Families of the victims of the collapse of the Champlain Towers South condominium in Surfside, Fla., that killed 98 people last year have reached a $997 million settlement to compensate them for their staggering losses of life. The settlement, revealed at a court hearing on Wednesday and still pending final approval, includes insurance companies, developers of an adjacent building and other defendants in the extensive civil case. It comes six weeks before the first anniversary of the tragedy on June 24."

Florida. Julian Mark of the Washington Post: A man who said he had no idea how to fly landed a Cessna at Palm Beach International Airport after the plane's pilot became ill & "incoherent." The man had help from air traffic controllers, one of whom was a flight instructor. MB: First thing to know: how to operate the radio.

Texas. Tracy Jan of the Washington Post: "... the state of Texas allocated none of the $1 billion in federal funds it received to protect communities from future disasters to neighborhoods in Houston that flood regularly, according to an investigation by the U.S. Department of Housing and Urban Development. HUD has now found the exclusion of those majority Black and Hispanic urban communities to be discriminatory. The state 'shifted money away from the areas and people that needed it the most,' disproportionately benefiting White residents living in smaller towns, the agency concluded.... Even after HUD's finding of discrimination, the agency said it does not have the power at this time to suspend the rest of the $4.3 billion in disaster mitigation money awarded to the state under criteria approved by the Trump administration."

Texas. Eduardo Medina of the New York Times: "A Texas woman whose five-year prison sentence for illegally casting a provisional ballot in the 2016 election prompted outrage among voting-rights activists will have her case reconsidered by an appeals court, the state's highest criminal court ruled on Wednesday. The Texas Court of Criminal Appeals found that a lower appeals court had incorrectly upheld parts of the conviction of the woman, Crystal Mason, who had voted in the general election in 2016, when she was a felon on probation, and filled out a provisional ballot that was never officially counted or tallied. Ms. Mason has insisted that at the time, she did not know she was ineligible to vote and had been advised by a poll worker to submit her provisional ballot. The Second Court of Appeals in Tarrant County had said in 2020 that Ms. Mason's unawareness 'was irrelevant to her prosecution.' But the Court of Criminal Appeals disagreed, opening a channel for the conviction to be overturned." ~~~

     ~~~ Marie: Apparently those brilliant judges on the Second Court of Appeals have never heard to criminal intent, even though Mason's lawyers say "that Texas's election laws stipulate that a person must knowingly vote illegally to be guilty of a crime."

News Ledes

New York Times: "Eleven people died and 31 others were rescued on Thursday after a boat carrying migrants capsized about 10 miles north of Desecheo Island, [Puerto Rico], the U.S. Coast Guard said. The agency said that the crew of a Customs and Border Protection aircraft sighted a capsized vessel shortly before noon. The crew reported people in the water who did not appear to be wearing life jackets, the Coast Guard said. The Coast Guard said the vessel was 'suspected of taking part in an illegal voyage.' Most of the people on the boat were from Haiti, but two of the survivors were from the Dominican Republic, said Jeffrey Quiñones, a spokesman for U.S. Customs and Border Protection. The boat set off from the Dominican Republic and was en route through the treacherous Mona Passage to the western side of Puerto Rico, he said."

New York Times: "The Federal Aviation Administration has revoked the licenses of two pilots who attempted to swap planes in midair over the Arizona desert last month, calling their actions in the stunt, in which one plane crashed, 'reckless' and 'egregious.'... The F.A.A. also fined Luke Aikins, whom the agency called the lead pilot, $4,932 for abandoning his pilot seat and operating his plane in a 'careless and reckless' manner, after an investigation announced shortly after the April 24 stunt. Mr. Aikins and Andy Farrington, a fellow sky diver and pilot, planned to send their single-engine Cessna 182 planes into synchronized nosedives at 14,000 feet and then jump out to swap cockpits midair. But when they attempted the switch as they flew over the desert in Eloy, Ariz., Mr. Farrington couldn't enter the plane Mr. Aikins had jumped from, according to an F.A.A. emergency revocation order. The plane spun out of control and crashed nearby, midway between Phoenix and Tucson. No spectators were present and no one was injured in the stunt, which was livestreamed by Hulu.... Red Bull, the energy-drink company, called the event 'Plane Swap' and advertised it as a 'first-of-its-kind jump.'"

New York Times: "When Naomi Judd, the Grammy-winning country music singer, died last month, her daughter Ashley Judd said that she had lost her mother to the 'disease of mental illness.' On Thursday, Ms. Judd was more candid, saying in a television interview that her mother had died of a self-inflicted gunshot wound at her home in Tennessee, and encouraging people who are distressed to seek help." CNN's story is here.