The Conversation -- September 14, 2023

Michael Schmidt & Glenn Thrush of the New York Times: "Hunter Biden, the president's son, was charged on Thursday by federal prosecutors with lying about his drug use in connection with his purchase of a handgun in 2018, a move that could put him on trial next year as his father runs for re-election. The decision to file criminal charges against President Biden's troubled youngest son was an extraordinary step for the Justice Department and the lead prosecutor on the case, David C. Weiss, whom Attorney General Merrick B. Garland named as a special counsel last month. Mr. Garland gave Mr. Weiss that status after the last-minute collapse of a previous deal that would have resolved the long-running investigation without Mr. Biden serving prison time.... The gun charge, which carries a maximum sentence of 10 years, is only sporadically brought against first-time offenders, particularly ones like Mr. Biden, who is not accused of using the weapon in another crime. Mr. Biden's lawyers have argued to Justice Department officials that the charge will ultimately be thrown out because a series of Supreme Court and appeals court decisions have cast doubt on the constitutionality of the federal government putting certain conditions on firearms purchases." The NBC News story is here. ~~~

     ~~~ Marie: Andrew Weissmann said on MSNBC that it is odd that a few weeks ago this same Trump-appointed prosecutor was going to accept a plea deal and now -- after Congressional Republicans amped up the volume on their whining -- and now he suddenly thinks the same set of facts is worth three criminal charges. Indeed, many people thought the original plea deal was too harsh and unusual under the circumstances. Weissmann expects Hunter's attorneys to justifiably argue selective prosecution. MB: So is Hunter getting special treatment? Why, yes, yes, he is. In the meantime, here's my advice to the litigants: negotiate a plea deal! ~~~

~~~ Ken Dilanian of NBC News: "Prosecutors and FBI agents involved in the Hunter Biden investigation have been the targets of threats and harassment by people who think they haven't been tough enough on the president's son, according to government officials and congressional testimony obtained exclusively by NBC News. It's part of a dramatic uptick in threats against FBI agents that has coincided with attacks on the FBI and the Justice Department by congressional Republicans and ... Donald Trump, who have accused both agencies of participating in a conspiracy to subvert justice amid two federal indictments of Trump. The threats have prompted the FBI to create a stand-alone unit to investigate and mitigate them, according to a previously unreleased transcript of congressional testimony."

Richard Fausset & Danny Hakim of the New York Times: "A judge on Thursday granted ... Donald J. Trump and 16 others a separate trial from two of their co-defendants, who will go to trial next month in the Georgia election interference case. The judge, Scott McAfee of Fulton County Superior Court, has laid out an expedited trial schedule for Kenneth Chesebro and Sidney Powell.... The two had invoked their right under Georgia law to seek a speedy trial, in part to avoid the high cost of a more protracted legal fight. Their trial is set to begin on Oct. 23." The ABC News story is here.

Emily Brooks & Mychael Schnell of the Hill: "House Speaker Kevin McCarthy (R-Calif.) vented his frustration about the hard-line conservatives holding up appropriations, dropping an expletive as he dared his fiercest critics to attempt a vote to oust him. During a closed-door conference meeting Thursday, McCarthy addressed an uptick in threats from members to call a motion to vacate the chair -- a move to force a vote on ousting the Speaker. 'If you want to file a motion to vacate, then file the f[uck]ing motion,' McCarthy said, Rep. Brian Mast (R-Fla.) recounted. McCarthy's comments follow Rep. Matt Gaetz (R-Fla.) earlier this week explicitly threatening to call a motion to vacate if McCarthy does not follow through with a number of spending priorities and votes on bills that his detractors were promised in January."

That Didn't Take Long. Gloria Oladipo of the Guardian & Agencies: "A former Kentucky county clerk is being ordered to pay $100,000 to a local couple who sued the clerk after she refused to issue marriage licenses to same-sex couples. Kim Davis, the former clerk of Rowan county in eastern Kentucky, rose to national prominence for refusing to issue same-sex marriage licenses in 2015, arguing that such actions violated her religious beliefs that marriage is between a man and a woman.... Last year, a federal judge ruled that Davis violated the constitutional rights of the two gay couples who sued her.... This week, in a trial to determine damages Davis must pay, a federal jury ordered Davis to pay $50,000 each to David Ermold and David Moore, according to lawyers of Davis, the Associated Press reported. The second couple who sued, James Yates and Will Smith, were awarded no damages."

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Marianna Sotomayor of the Washington Post: "House Republicans on Wednesday failed to move forward on a procedural vote advancing a bill to fund the Defense Department after it became clear they did not have enough votes to secure its passage. The usually noncontroversial step became tied up in a broader debate among the conference that threatens to derail negotiations over the budget as a Sept. 30 deadline to fund the government looms.... The inability to move forward on a basic step to fund the government -- the House's top responsibility enshrined in the Constitution -- offered an example of just how difficult it will be for [Speaker Kevin] McCarthy and the ideologically fractured Republican majority to find consensus, keep the government open and avert blame if a shutdown is triggered. The House has less than a dozen days in session before the Sept. 30 deadline."

Li Zhou of Vox explains the fake Biden impeachment thing. ~~~

~~~ Impeachment Is Just the Beginning. Michelle Cottle of the New York Times: "It may be that even [Kevin McCarthy] is nauseated by his latest stunt. That it has finally sunk in that he has become the not-so-glorified puppet of the House Republican conference's radicals, folks like Dan Bishop, Chip Roy and, most prominently, Matt Gaetz. Mr. McCarthy may wield the gavel. But the far-right rebels who opposed his election as speaker, of whom Mr. Gaetz was a ringleader, now wield the ax poised above Mr. McCarthy's exposed neck -- an ax that he handed them in exchange for them letting him pretend to be in charge. With the omnipresent threat of voting him out of his dream job, the conference's fringe is leading the speaker around by the nose hairs.... Indeed, Mr. McCarthy had barely wrapped up his impeachment dirge when Mr. Gaetz took to the House floor to dismiss the speaker's 'rushed and somewhat rattled performance' as malarkey and to stress that the hard-liners will not be so cheaply bought.... His basic message to the speaker was clearer than a shot of Stoli: We own you, buddy, so get busy making us happy. Or else."

Dan Balz of the Washington Post: "Sen. Mitt Romney, the Republican presidential nominee in 2012 and the only member of his party to twice vote to convict ... Donald Trump in politically charged impeachment trials, announced Wednesday that he will not seek a second term in the Senate representing Utah, saying in an interview that it is time for a new generation to 'step up' and 'shape the world they're going to live in.' Romney, 76, said his decision not to run again was heavily influenced by his belief that a second term, which would take him into his 80s, probably would be less productive and less satisfying than the current term has been. He blamed that both on the disarray he sees among House Republicans and on his own lack of confidence in the leadership of President Biden and Trump. 'It's very difficult for the House to operate, from what I can tell,' he said in a lengthy telephone interview previewing his formal announcement, 'and two, and perhaps more importantly, we're probably going to have either Trump or Biden as our next president. And Biden is unable to lead on important matters and Trump is unwilling to lead on important matters.'" A CNBC report is here. ~~~

     ~~~ Marie: For what I found to be a startling new revelation about the January 6 insurrection, Alex Griffing of Mediaite cites an excerpt in the Atlantic of McKay Coppins's upcoming biography of Romney. P.S. Why didn't Mitch respond? Was he having another mental health moment? ~~~

~~~ Jennifer Bahney of Mediaite: Donald Trump posted an all-caps victory statement in response to Mitt Romney's announcing his retirement from the Senate. MB: What Trump doesn't get is that Romney doesn't need to run for re-election to stay out of jail, so Romney is free to enjoy retirement at any and all of his own resort-like homes, while Trump must hope that a return to the drafty old White House will beat a dank prison cell.

Solidarity Among the Dictators' Club. Amy Wang of the Washington Post: "... Donald Trump pointed to sympathetic comments from Russian President Vladimir Putin early Wednesday to try to bolster his case that he is being treated unfairly by prosecutors in the United States.... Putin, who has a history of persecuting his political opponents, claimed Tuesday that the criminal cases against Trump were part of 'the persecution of a political rival for political reasons.' He predicted that the proceedings against Trump would diminish America's global standing, to Russia's benefit.... The comments reflected the largely warm relationship between the two leaders during Trump's presidency.... Trump has continued to maintain that he and Putin are on good terms, despite the isolation of Putin by the West for his invasion of Ukraine -- which Trump once described as 'genius' and 'savvy.'... Trump's Republican primary rivals quickly seized on Putin's latest remarks.... Former New Jersey governor Chris Christie ... called Putin a 'brutal, mass-murdering, KGB hitman' and said that Trump needs new role models. 'Get it straight. Trump is under indictment because of his conduct. He played with fire and is getting burned. And now his best buddy is coming to his defense,' Christie wrote in a social media post."

Perry Stein & Devlin Barrett of the Washington Post: "Pretrial-palooza has officially begun, with hearings expected at least in Florida and Georgia this week, along with court filings and potentially more grand jury activity in D.C.... In Georgia, where Trump and 18 co-defendants face state charges for trying to overturn Joe Biden's 2020 victory, the judge schedules weekly hearings to review the many requests he is getting from defendants and prosecutors. At Thursday's hearing, we may get more insight into when Trump will go on trial there.... Prosecutors told Fulton County Superior Court Judge Scott McAfee they expect it to take up to four months to try those who were charged. That's because they have 150 witnesses to call to the stands. 150! Let's see, 150 times 19 cross-examinations adds up to ... forever. Roughly forever. And potentially right in the middle of Trump's 2024 presidential campaign."

Holly Bailey of the Washington Post: "Donald Trump does not want to be tried with anyone seeking a speedy trial. Mark Meadows wants to stand trial alone, but only after he exhausts his appeals on his request to move his case to federal court. Rudy Giuliani does not want to be tried with Kenneth Chesebro and Sidney Powell, former Trump campaign attorneys who sought to sever their cases from each other but are scheduled for a joint trial next month. Meanwhile, an Atlanta-area prosecutor leading the criminal racketeering case against Trump and his allies over alleged 2020 election interference in Georgia still wants to try all 19 defendants together beginning Oct. 23, arguing that separate trials would be a 'logistical quagmire' for the court system, witnesses and anyone else involved in the case. These are among the avalanche of motions filed before Judge Scott McAfee of the Superior Court of Fulton County, who is overseeing the sprawling election case and has said he hopes to begin issuing scheduling orders this week that could determine how and when the matter will proceed."

Alan Feuer of the New York Times: "On Wednesday, Judge Aileen M. Cannon, who is presiding over the documents case [against Donald Trump], gave [a] somewhat vague ... order setting up a series of rules to protect the classified materials at the heart of the proceeding. Judge Cannon said that Mr. Trump would indeed need to use a secure facility to review the sensitive records, suggesting but not specifically declaring that it should not be housed at his private club and residence in Florida. The dispute about how and where Mr. Trump could talk about the secret papers in the case began last month when his lawyers asked Judge Cannon to allow him to re-establish the sensitive compartmented information facility, or SCIF, 'at or near' Mar-a-Lago that he once used for classified materials when he was president.... Prosecutors ... objected to the notion of Mr. Trump having such discussions at Mar-a-Lago, which not only gets hundreds of visitors a year, but was also where the former president haphazardly kept boxes of classified materials stacked up in a bathroom and atop a ballroom stage."

Kyle Cheney & Josh Gerstein of Politico: "A top House conservative's conversations with allies in Congress and the Trump White House about overturning the 2020 election are off-limits to special counsel Jack Smith, an appeals court ruled in a newly unsealed court opinion. A three-judge panel of the D.C. Circuit Court of Appeals concluded that prosecutors' effort to access the cellphone communications of Rep. Scott Perry (R-Pa.) with colleagues and executive branch officials violated his immunity under the Constitution's Speech or Debate clause, which shields members of Congress from legal proceedings connected to their official duties.... The decision from [Naomi] Rao, a Trump appointee, was joined by another Trump appointee, Judge Greg Katsas, and by Judge Karen LeCraft Henderson, who was nominated by President George H.W. Bush. However, Katsas filed a separate concurring opinion saying he viewed the privilege for lawmakers more narrowly than the other judges on the panel, but the disagreement wasn't meaningful in Perry's case."

Neal Boudette of the New York Times: "Barely 24 hours before the contract deadline, the United Auto Workers leader said Wednesday that his members were prepared for a strike against the three Detroit automakers -- first at a limited number of factories, with the walkout expanding if talks remain bogged down. The U.A.W. president, Shawn Fain, also ruled out any extension of the existing four-year contracts with General Motors, Ford Motor and Stellantis after they expire on Thursday night. 'September 14 is a deadline, not a reference point,' he declared in an address to union members on Facebook Live. He said the initial strike locations would be 'limited and targeted,' and would be communicated to members on Thursday night ahead of a Friday walkout."

Cruelty Is of the Essence of the Scheme

Miriam Jordan of the New York Times: "A federal judge in Texas on Wednesday rejected the Biden administration's latest effort to save a program that has shielded hundreds of thousands of undocumented young adults from deportation, saying that it remained unlawful even after recent changes. The judge, Andrew S. Hanen of the Federal District Court in Houston, maintained that President Barack Obama exceeded his authority when he created the Deferred Action for Childhood Arrivals program, or DACA, by executive action in 2012. The decision is the latest twist in a five-year-long court saga that has left the program and its beneficiaries, known as Dreamers, hanging in the balance. While the ruling is a blow to the immigrants, the judge did not mandate an immediate end to the program. Current applicants will be able to keep and renew their protection. No new applications will be allowed." MB: Dubya appointed Hanen.

So there's this, which we've all known would happen:

Ben Casselman & Lydia DePillis of the New York Times (Sept. 12): "Poverty increased sharply last year in the United States, particularly among children, as living costs rose and federal programs that provided aid to families during the pandemic were allowed to expire. The poverty rate rose to 12.4 percent in 2022 from 7.8 percent in 2021, the largest one-year jump on record, the Census Bureau said Tuesday. Poverty among children more than doubled, to 12.4 percent, from a record low of 5.2 percent the year before."~~~

     ~~~ According to Chris Hayes of MSNBC, Fox "News" is all over this, deeply upset that Joe Biden is impoverishing innocent little children. Really? From the Times report (and Hayes): "Congress passed the expanded child tax credit as part of the American Rescue Plan, President Biden's pandemic-relief package, in early 2021. But while other Covid-era relief programs were always intended to expire once the emergency passed, supporters hoped to make the expanded child credit permanent. That didn't happen. Faced with united opposition from congressional Republicans as well as some conservative Democrats, Mr. Biden dropped his effort to extend the program at the end of 2021; a renewed push failed again last year. The rise in poverty in 2022, social policy experts said, was the inevitable result of that decision."

Marie: There's a way to get around both of these problems -- DACA & child poverty -- right now. I meant to look for this earlier. The authors of Tyranny of the Minority -- Steven Levitsky & Daniel Ziblatt -- discuss just that with Alex Wagner of MSNBC. Watch at least the end where they mention one move that is (a) possible and (b) would work right now:

     ~~~ IOW, get rid of the filibuster, pass legislation that helps people.

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Florida. Quack, Quack. Kendra Nichols of the Washington Post: "Florida Gov. Ron DeSantis (R) and the state's surgeon general are warning residents under age 65 against the new coronavirus booster, going against the advice of federal health officials who have recommended the shots. In a call live-streamed on social media platform X[-Twitter]..., DeSantis and Surgeon General Joseph A. Ladapo repeated comments made in a live event last week in Jacksonville, Fla., and argued there isn't enough evidence that the booster's benefits outweigh any risks.... The Food and Drug Administration on Monday approved a reformulated coronavirus vaccine that targets an omicron subvariant and is cleared for everyone 6 months and older. On Tuesday, the Centers for Disease Control and Prevention and its advisers recommended the shots, manufactured by Moderna and by Pfizer and its German partner BioNTech." The Hill's report is here.

Florida. Isaac Arnsdorf & Josh Dawsey of the Washington Post: "Florida Gov. Ron DeSantis took at least six undisclosed trips on private jets and accepted lodging and dining in late 2018, according to flight manifests, tracking data and other documents obtained by The Washington Post.... The trips came during the period between DeSantis's election and inauguration as governor.... DeSantis did not report the flights or accommodations as gifts or campaign contributions and it's unclear whether he used a separate legal option to personally reimburse for the flights at the cost of coach airfare.... His then-campaign lawyer wrote in a memo to his transition team that as governor-elect, he was 'required to report with the Ethics Commission all direct and indirect gifts accepted that are worth over $100,' including 'transportation' 'lodging' and 'food.'... The undisclosed trips, which have not been previously reported, reflect how DeSantis fueled his political rise through close bonds with rich patrons and had a taste for luxury travel, in contrast to his campaign's portrayal of DeSantis's humble blue-collar roots and aversion to moneyed interests." A DeSantis campaign spokesman says all trips were properly paid-for. MB: Okay, prove it.

New Mexico. Marisa Iati of the Washington Post: "A federal judge on Wednesday halted New Mexico's ban on carrying firearms in public in the state's most populous city after the policy was met with fierce backlash and lawsuits from gun rights advocates. The temporary restraining order issued by U.S. District Judge David Urias pressed pause on the policy, which had suspended open and concealed carry laws in Albuquerque and surrounding Bernalillo County. After announcing the ban Friday, Gov. Michelle Lujan Grisham (D) told The Washington Post that the unusual action was necessary because of a surge in gun violence, including the killings of a 13-year-old girl, a 5-year-old girl and an 11-year-old boy this summer." MB: Urias is a Biden appointee. CNN's report is here.

Texas. Marie: What with the fake impeachment of Joe Biden looming, I have not been keeping up with the real impeachment trial of suspended Texas Attorney General Ken Paxton. Here's a link to the latest Texas Tribune stories about the trial.

Wisconsin. Scott Bauer of the AP: "Wisconsin's Republican Assembly leader announced Wednesday that he's created a panel to investigate the criteria for impeachment as he mulls taking that unprecedented step against a liberal state Supreme Court justice. Republicans are targeting Justice Janet Protasiewicz over comments she made during her winning campaign about redistricting and nearly $10 million in donations she received from the state Democratic Party. The impeachment criteria panel being created by Assembly Speaker Robin Vos will consist of three former Wisconsin Supreme Court justices whom Vos told The Associated Press he would not name until after their work is done. Vos said they were not being paid and he expected their work to be complete in the next few weeks."

News Ledes

Libya. New York Times: "More than 10,000 people were missing, Libyan authorities said on Wednesday, after the catastrophic floods that pummeled the country's northeast. The death toll, which has surpassed 5,000, could reach up to 20,000 based on the number of districts that were wiped out, the mayor of Derna, Abdulmenam Al-Ghaithi, told Al Arabiya television. A North African nation polarized by years of civil war and intense political and territorial divisions, Libya was poorly prepared for Storm Daniel, which swept across the Mediterranean Sea, pummeling its coastline and quickly destroying poorly maintained infrastructure."

Weather Channel: "H​urricane Lee is on the move north through the western Atlantic and its large size means it will spread strong winds, rain and coastal flooding far from its center to eastern New England and Atlantic Canada by this weekend. Lee is also producing rip currents and high surf along much of the East Coast,​ providing another example of how hurricanes can be a danger for beachgoers ​far away from where a storm is tracking.... A​ hurricane watch has been issued from Stonington, Maine, to Point Lepreau, New Brunswick, and also from Digby to Medway Harbour, Nova Scotia, including Yarmouth. That means hurricane conditions are possible in these areas within 48 hours."

The Conversation -- September 13, 2023

Marie: Meant to look for this earlier. The authors of Tyranny of the Minority --Steven Levitsky & Daniel Ziblatt -- discuss just that with Alex Wagner of MSNBC. Watch at least the end where they mention one move that is (a) possible and (b) would work right now:

Dan Balz of the Washington Post: "Sen. Mitt Romney, the Republican presidential nominee in 2012 and the only member of his party to twice vote to convict ... Donald Trump in politically charged impeachment trials, announced Wednesday that he will not seek a second term in the Senate representing Utah, saying in an interview that it is time for a new generation to 'step up' and 'shape the world they're going to live in.' Romney, 76, said his decision not to run again was heavily influenced by his belief that a second term, which would take him into his 80s, probably would be less productive and less satisfying than the current term has been. He blamed that both on the disarray he sees among House Republicans and on his own lack of confidence in the leadership of President Biden and Trump. 'It's very difficult for the House to operate, from what I can tell,' he said in a lengthy telephone interview previewing his formal announcement, 'and two, and perhaps more importantly, we're probably going to have either Trump or Biden as our next president. And Biden is unable to lead on important matters and Trump is unwilling to lead on important matters.'" A CNBC report is here. ~~~

     ~~~ Marie: For what I found to be a startling new revelation about the January 6 insurrection, Alex Griffing of Mediaite cites an excerpt in the Atlantic of McKay Coppins's upcoming biography of Romney. P.S. Why didn't Mitch respond? Was he having another mental health moment?

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The Fake Impeachment Inquiry

Rebecca Kaplan & Summer Concepcion of NBC News: "House Speaker Kevin McCarthy, R-Calif., plans to endorse an impeachment inquiry into President Joe Biden in an effort to seek bank records and other documents from the president and his son Hunter Biden, two Republican sources familiar with the speaker's intentions told NBC News. McCarthy plans to tell lawmakers this week that it's a 'logical next step' of the GOP-led investigations that have been going on for months, according to two sources. House Judiciary Committee Chairman Jim Jordan, R-Ohio, and House Oversight Committee Chairman James Comer, R-Ky., will give members an update in a meeting of the House Republican Conference on Thursday morning, the sources said." (Also linked yesterday.) ~~~

     ~~~ Marie: The "logical next step" to a couple of clowns coming up with no evidence of wrongdoing in their months-long sideshow is to send the clowns back to their trailers; it is not to put them in the center ring. They have no shame. ~~~

     ~~~ Update. Haley Talbot, et al., of CNN: "House Speaker Kevin McCarthy announced Tuesday that he endorsed launching a formal impeachment inquiry into President Joe Biden." (Also linked yesterday.) ~~~

     ~~~ Update. Carl Hulse, et al., of the New York Times: "Mr. McCarthy's decision to unilaterally announce an impeachment investigation with no formal House vote entwined the Republican investigations into Mr. Biden with the funding fight that is rattling the Capitol. It appeared to be a bid to quell a brewing rebellion among ultraconservative critics who have accused the speaker of not taking a hard enough line on spending, by complying with their demands to more aggressively pursue the president. Mr. McCarthy said he would task three committees -- Oversight, Judiciary, and Ways and Means -- with carrying out the inquiry into the president and his family as Republicans hunt for evidence of financial wrongdoing or corruption. After months of digging, Republicans have found no such proof.... Mr. McCarthy's announcement appeared to clear the way for House investigators to issue subpoenas for the bank records of Mr. Biden and his family members.... Tuesday's move was a break with the past and a major change in strategy for Mr. McCarthy, who previously indicated that he believed the full House should vote on whether to move forward with an impeachment inquiry." (Also linked yesterday.)

Tyler Pager of the Washington Post: "The White House denounced Republicans' impeachment inquiry into President Biden on Tuesday, asserting that the president has done nothing wrong and calling the move an 'evidence-free goose chase' that will spur Democrats to rally behind Biden.... Tim Miller, a former Republican operative who left the party because of his opposition to Trump, cautioned Democrats against taking an overly optimistic view of the political ramifications of the impeachment. He cited the damage Republicans inflicted on Hillary Clinton, then considered a formidable presidential contender, in 2016 hearings on the killing of four Americans in Benghazi, Libya. The committee did not find Clinton culpable for the deaths, but did discover that she had used a private email server during her time as secretary of state, a fact that proved politically devastating." ~~~

     ~~~ Marie: What was so devastating about "But the Emails!" is that the story reinforced what we already knew about Clinton: that she was arrogant and contemptuous of us little people. Hillary didn't think she had to follow the administration's communications standards because rules are made to keep the riffraff in line, whereas she was above all that. She can turn on the charm; I've seen her do it up close & personal. But if a reporter politely asks her a challenging question, her instinct is to lash out at some lesser being or group thereof, whether it's stay-at-home housewives or presidential nomination challenger Barack Obama. I don't think Joe Biden has that streak of meanness and pettiness and pomposity that so often surfaces in Clinton, but it's possible we'll find out differently.

Philip Bump of the Washington Post does a nice job of breaking down McCarthy's "reasons" for initiating an impeachment inquiry. They all are either shaky or untrue. In fact, the only one Bump gives any credence to at all is McCarthy's assertion that "President Biden did lie to the American people about his own knowledge of his family's foreign business dealings." MB: Yet it's pretty hard for anyone but Joe to assess what Joe knew and when he knew it. It's quite plausible to believe that Joe didn't want to know what sleazy schemes his ne'er-do-well son was up to, so he just didn't ask. You probably have a relative or two whose dubious goings-on are best left unexplored. I do.

Matthew Chapman of the Raw Story: "House Speaker Kevin McCarthy (R-CA) is held 'hostage in his own House' by the demands of 'far-right nuts' as he tries to placate them with a rushed and evidence-free impeachment inquiry into President Joe Biden, wrote analyst Eleanor Clift for The Daily Beast on Tuesday.... 'So, he chose the path of least resistance, alleging without evidence that Biden is guilty of "abuse of power, obstruction, and corruption" -- charges that sound remarkably similar to what ... Donald Trump is contending with..., except the allegations against the former president are buttressed by 91 counts brought in four different jurisdictions. Conversely, the allegations against Biden for allegedly profiting from his son's influence peddling are buttressed by no evidence -- just smears and wishful thinking on the part of Republicans.'" ~~~

     ~~~ Marie: Sorry, but your "normal" hostage is held against her will, most often in an undisclosed location. McCarthy made the ransom payment himself in January of this year when he reportedly agreed -- in exchange for the speakership -- to cave to whatever demands the far-right might make from time-to-time. While it's a given that McCarthy never had any integrity, he ceded even the pretext of integrity and leadership when he made that deal with the devils. Now all of us -- in this case the Biden family in particular -- have become hostages of the "far-right nuts." Thanks, Kevin!

Meredith McGraw & Alex Isenstadt of Politico: "Donald Trump has been weighing in behind the scenes in support of the House GOP push to impeach President Joe Biden, including talking with a member of leadership in the lead up to Tuesday's announcement authorizing a formal impeachment inquiry. The former president has been speaking weekly with House GOP Conference Chair Elise Stefanik, who was the first member of Republican leadership to come out in support of impeachment. The two spoke Tuesday, after House Speaker Kevin McCarthy announced Republicans would be pursuing the inquiry, according to two people familiar with the conversation.... On Sunday night, Trump had dinner at his golf club in Bedminster, N.J., with Rep. Marjorie Taylor Greene (R-Ga.), an ally of Trump and McCarthy. At the gathering, the topic of impeachment was discussed, according to a person familiar with the conversation.... Late last month [Trump] wrote on Truth Social: 'Either IMPEACH the BUM, or fade into OBLIVION. THEY DID IT TO US.' But the extent of his private involvement ... shows the influence he continues to wield inside the party as its likely presidential nominee." (Also linked yesterday.)

** Ha Ha Ha. Oh, Donald.... The Jokes on You. Kyle Cheney & Josh Gerstein of Politico: "Joe Biden has a literal Trump card to play against the House's new impeachment inquiry. In January 2020, the Donald Trump-led Justice Department formally declared that impeachment inquiries by the House are invalid unless the chamber takes formal votes to authorize them. That opinion -- issued by the Justice Department's Office of Legal Counsel -- came in response to then-House Speaker Nancy Pelosi's decision to launch an impeachment inquiry into Trump without initially holding a vote for it. Not only is it still on the books, it is binding on the current administration as it responds to Tuesday's announcement by Speaker Kevin McCarthy to authorize an impeachment inquiry into Biden, again without a vote. '[W]e conclude that the House must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony,' wrote Steven Engel, then the head of DOJ's Office of Legal Counsel, backing the Trump administration's rejection of subpoenas from the Democratic congressional investigators."

Look Who's Throwing a Wet Blanket on the House Impeachment Scheme. Alexander Bolton of the Hill: "Senate Republicans say the House GOP doesn't appear to have enough evidence to pursue impeachment proceedings against President Biden and are skeptical about the prospect of setting up an inquiry with multiple committees already investigating the president and his son, Hunter Biden. Republican senators are highly skeptical that Speaker Kevin McCarthy (R-Calif.) could even muster enough votes in the House to pass an article of impeachment and warn it would be quickly dismissed if it ever got to the Senate, possibly without going to a full trial.... '... I don't know of anybody who believes [Senate Majority Leader] Chuck Schumer [D-N.Y.] will take it up and actually have a trial and convict a sitting president,' said Sen. John Cornyn (R-Texas), a member of the Senate GOP leadership team.... Cornyn is far from alone in his assessment."

They've Got Bupkis, Ctd. Luke Broadwater of the New York Times: "A high-ranking F.B.I. agent has provided testimony to the House Judiciary Committee that contradicts a key claim made by an I.R.S. agent who said that political interference had hampered the investigation into the taxes of Hunter Biden.... In closed-door testimony last week, Thomas Sobocinski, the special agent in charge of the Baltimore Field Office of the F.B.I., told House investigators that David C. Weiss, the U.S. attorney for Delaware overseeing the Justice Department's inquiry into Hunter Biden, never said he did not have full authority to pursue charges against the president's son.... During the interview, Mr. Sobocinski also pushed back against other claims of political interference. He was asked, 'Do you have any reason to believe President Biden interfered in this investigation in any way?' 'No,' he replied....

"The testimony undercut a key claim from Gary Shapley, a veteran I.R.S. agent ... who has accused the Justice Department of giving Mr. Biden preferential treatment. It also buttressed the account of Mr. Weiss himself, who said he had 'never been denied the authority to bring charges in any jurisdiction.'... The news of Mr. Sobocinski's account, coming on the same day Speaker Kevin McCarthy opened an impeachment inquiry into President Biden, drove home the often shaky nature of the evidence that Republicans are relying on to build a case that the president and his family are part of what Mr. McCarthy called 'a culture of corruption.'" ~~~

     ~~~ Marie: There's a "culture of corruption" all right, but it's in the House, not in the White House, and McCarthy is one of the corrupt ringleaders. If Buster Keaton Comer & Charlie Chaplin Jordan didn't keep slipping on banana peels, the collapses of their fake Biden scandals would seem uncanny. As it is, we know we just have to wait a bit till their "bombshell witness" disappears because he's a fugitive from justice or another "bombshell" claim is refuted by more reliable testimony.

Where's the Beef? Conservative David French of the New York Times: "There is a certain pattern to modern impeachment inquiries. They typically begin after the discovery of blatantly incriminating evidence. In 1998 the House of Representatives began its impeachment inquiry only after DNA tests on Monica Lewinsky's blue dress exposed that Bill Clinton had lied under oath about their affair. In 2019 the House opened its impeachment inquiry only after it received reports that Donald Trump had attempted to coerce President Volodymyr Zelensky of Ukraine into investigating Trump's chief domestic political opponent. The day after Nancy Pelosi announced the inquiry, the White House released a rough transcript of Trump's call with Zelensky, and Americans could see that Trump did indeed press Zelensky to investigate Joe Biden, as a 'favor' in response to Ukraine's request for Javelin anti-tank missiles. And we all know what happened after Jan. 6, 2021. The House initiated the second impeachment of Trump only after his weekslong festival of lies about election fraud culminated in a violent attack on the Capitol.

"On Monday, House Speaker Kevin McCarthy ordered the House Oversight, Judiciary and Ways and Means Committees to start an impeachment inquiry into Biden without anything approaching comparable evidence.... McCarthy's announcement came months after the initial Republican investigations failed to find any criminal activity by the president.... The deep concern that Joe Biden might have profited from his position sounds almost comical after the G.O.P. has spent years trying to divert Americans' attention from the blatant way that the Trump administration steered federal dollars into Trump properties during his presidency. And if we're talking about the sleaziness of presidential family members profiting from their access to power, then Jared Kushner and Ivanka Trump -- who, unlike Hunter, worked in the administration -- have benefited to exponentially greater degrees from Saudi Arabian and Chinese largess." Emphasis added.

Michael Gold of the New York Times: "... on Tuesday..., [Rep. George] Santos [R-N.Y.] did something that he has avoided since taking office: He gave a major television interview. The pugilistic attitude that Mr. Santos has long held toward critics was on full display. He called CNN a 'hack network,' said the reporting around his life bore little resemblance to reality and tangled with the anchor Erin Burnett."

Tom Tapp of Deadline: "Rep. Lauren Boebert was reportedly kicked out of a performance of the Broadway touring version of Beetlejuice, according to the Denver Post. The Post cites an incident report it obtained in which representatives of the Buell Theater in Downtown Denver say a group of people was asked to leave after vaping, singing, recording and 'causing a disturbance' during the performance. The report does not name Boebert. The Post later confirmed with Boebert's campaign that she was, indeed, escorted out of the theater, but took issue with the nature of the behavior described." MB: A fun read. Like her nemesis MTG, Boebert is a chronologically adult woman who does not know how to behave in public.

The Trials of Trump & Co.

Why, It's Almost as if Trump's Lawyers Don't Know What They're Doing. Zoe Richards of NBC News: "A judge on Tuesday denied ... Donald Trump's request to move a Colorado case aimed at removing him from the state's 2024 ballot to federal court. In a four-page order, Chief U.S. District Judge Philip A. Brimmer sent the lawsuit back to a state court in Denver County, where it was filed last week by a group of six voters. Brimmer, who was nominated by former President George W. Bush, said Trump had not properly served Colorado Secretary of State Jena Griswold, a Democrat, or obtained her consent for removal as required by law."

A Trump BFF Comes to His Aid. Paul Sonne & Michael Bender of the New York Times: Vladimir Putin branded "the criminal cases against Donald J. Trump political persecution.... Mr. Putin's remarks on Tuesday, made at the Eastern Economic Forum in Vladivostok, appeared aimed at lending firepower to the Republican outcry over the prosecutions of Mr. Trump, who has long expressed public admiration for the Russian leader and has helped encourage a sizable Moscow-friendly contingent within his party. The cases against Mr. Trump ... represent the 'persecution of one's political rival for political motives,' Mr. Putin said.... Mr. Putin's ... political adversaries have a way of ending up in prison or worse....

"Mr. Putin also offered praise for [Elon] Musk, calling him a 'talented businessman.'... Mr. Musk's ... purchase of Twitter ... has led to a rise in the sort of misinformation and bot activity on a platform that Russia has turned to often to achieve its geopolitical aims. The billionaire has also involved himself directly in the conflict between Russia and Ukraine, at one point proposing a peace solution on Twitter that drew condemnation for echoing Kremlin talking points. And last week, Mr. Musk attracted renewed scrutiny when a new biography asserted that he had thwarted an attack on Russia's Black Sea naval fleet in 2022 by refusing to let the Ukrainian military use his satellite network, Starlink, to guide its drones."

Ryan Reilly of NBC News: "A host of the far-right media outlet InfoWars was sentenced Tuesday to 60 days in prison for his role in the Jan. 6 attack on the U.S. Capitol. Owen Shroyer is one of only a handful of Jan. 6 participants charged with a crime despite neither entering the Capitol building nor being accused of committing violence or destruction on Capitol grounds.... The conspiracy theorist was with Alex Jones on the grounds of the Capitol.... Prosecutors charged Shroyer because he had previously signed a deferred prosecution agreement after interrupting a congressional hearing in 2019 and had agreed as part of that case not to utter 'loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds.'" (Also linked yesterday.)

Katie Robertson of the New York Times: "New York City's pension funds sued the Fox Corporation and its board on Tuesday, accusing the company of neglecting its duty to shareholders by opening itself up to defamation lawsuits from the persistent broadcasting of falsehoods about the 2020 presidential election. The lawsuit, filed in the Delaware Court of Chancery, is the most significant shareholder action since Fox settled a blockbuster defamation lawsuit brought by Dominion Voting Systems in April for $787.5 million. The city's five pension funds represent nearly 800,000 current and retired workers and are worth $253 billion." MB: Fox "News" seems like a very sketchy outfit for a pension fund to invest in.

** Americans Are a Buncha Crooks. Sarah Fortinsky of the Hill: "The U.S. Government Accountability Office (GAO) estimated that the amount of unemployment insurance (UI) fraud during the pandemic is likely between $100 billion and $135 billion, according to a report released Tuesday. The GAO report tracked the approximately $900 billion in UI expenditures from April 1, 2020, to May 31, 2023, which marked the official end of the public health emergency. The estimated fraud would account for about 11 percent to 15 percent of the total UI benefits during the pandemic."

Presidential Race 2024

David Ignatius of the Washington Post urges President Biden not to run for re-election. His arguments are solid.

Marshall Cohen of CNN: "A liberal group filed a lawsuit Tuesday to block ... Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment's arcane 'insurrectionist ban.' The cases are seen as legal long shots.... The lawsuit was filed on behalf of eight Minnesota voters, including a former GOP-appointed state Supreme Court justice, a former Democratic secretary of state and an Iraq War veteran who ran his county GOP chapter. Minnesota Secretary of State Steve Simon, a Democrat, acknowledged in a statement last week that Minnesotans have the right under state law to challenge in court a candidate's eligibility for office, and pledged to 'honor the outcome of that process.'" (Also linked yesterday.) See also Akhilleus' commentary below. ~~~

     ~~~ Marie: I hear people on the teevee argue that efforts to disallow Trump a place on the ballot are undemocratic and we must "let the people decide" if Trump should be president*. A couple of decades ago, many Republicans wished Arnold Schwarzenegger, the governor of California, were allowed to run for president even though Schwarzenegger was born in Austria and therefore not eligible under the Constitution to become president. There was a bit of grumbling, but nobody claimed Arnold's fate should be decided by the voters. The Fourteen Amendment restriction is essentially the same thing, only with the added wrinkle that somebody (unspecified by the Constitution) has to decide whether or not Trump is disqualified under this restriction. I suspect the reason the framers of the Fourteenth Amendment did not specify the mechanism for disqualification is that the presidential election is run by the states -- not the federal government -- and the process of disqualification will vary state-by-state, according to each state's unique laws.

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Trump's Best Buds/Murdering Dictators to Meet in Eastern Russia. Kim Tong-Hyung of the AP: "Joined by his top military officials handling his nuclear-capable weapons and munitions factories, North Korean leader Kim Jong Un arrived in Russia on Tuesday, where he is expected to hold a rare meeting with President Vladimir Putin that has sparked Western concerns about a potential arms deal for Moscow's war in Ukraine.... Kremlin spokesperson Dmitry Peskov said that Putin and Kim will lead their delegations in talks and could also meet 'one-on-one if necessary.' He added that Putin will host an official dinner for Kim." (Also linked yesterday.) ~~~

     ~~~ Update. The New York Times is liveblogging the meeting between Putin & Little Kim as part of its Ukraine coverage: “Kim Jong-un and Vladimir Putin met for two hours in far east Russia ... at Vostochny Cosmodrome, a space launch center in Russia's far eastern Amur region..., where it was expected North Korea would discuss supplying Russia with munitions.... The war in Ukraine has elevated the North Korean leader's significance to the Kremlin. Mr. Putin's invasion has dragged on for nearly 19 months, and he needs allies. North Korea is one of the few countries willing to supply Russia with weapons." ~~~

     ~~~ Marie: Another upside for Vlad the Destroyer: he finally found a "world leader" who is a teeny bit shorter than he is. ~~~

     ~~~ Kim Tong-Hyung & Dasha Litvinova of the AP: "North Korean leader Kim Jong Un vowed support for Russia's 'just fight' during a summit with President Vladimir Putin on Wednesday that the U.S. warned could lead to a deal to supply ammunition for Moscow's war in Ukraine. After touring launch pads with Putin at a remote space base in Russia's Far East, Kim expressed 'full and unconditional support' and said Pyongyang will always stand with Moscow on the 'anti-imperialist' front."

News Ledes

AP: "An escaped murderer was captured Wednesday after eluding hundreds of searchers for two weeks, bringing relief to anxious residents of southeastern Pennsylvania who endured sleepless nights as he hid in the woods, broke into suburban homes for food, changed his appearance, and fled under gunfire with a rifle pilfered from a garage, authorities said. Authorities used thermal imaging from aircraft to pinpoint a possible location and then used ground forces to capture escaped inmate Danelo Souza Cavalcante, a law enforcement official told The Associated Press on Wednesday on condition of anonymity to discuss the operation, which played out over several hours. State police announced Cavalcante's capture on social media on Wednesday, as the search entered its 14th day." ~~~

     ~~~ CNN is liveblogging details as they emerge. Man's Best Friend: a dog, probably a Belgian Malinois, captured Cavalcante.

New York Times: "More than 5,000 people were killed in Libya after torrential rains caused two dams to burst near the coastal city of Derna, destroying much of the city and carrying entire neighborhoods into the sea, local authorities said on Tuesday. Libya, a North African nation splintered by a war, was ill-prepared for the storm, called Daniel, which swept across the Mediterranean Sea to batter its coastline. The country is administered by two rival governments, complicating rescue and aid efforts, and despite its vast oil resources, its infrastructure had been poorly maintained after more than a decade of political chaos."

The Conversation -- September 12, 2023

Rebecca Kaplan & Summer Concepcion of NBC News: "House Speaker Kevin McCarthy, R-Calif., plans to endorse an impeachment inquiry into President Joe Biden in an effort to seek bank records and other documents from the president and his son Hunter Biden, two Republican sources familiar with the speaker's intentions told NBC News. McCarthy plans to tell lawmakers this week that it's a 'logical next step' of the GOP-led investigations that have been going on for months, according to two sources. House Judiciary Committee Chairman Jim Jordan, R-Ohio, and House Oversight Committee Chairman James Comer, R-Ky., will give members an update in a meeting of the House Republican Conference on Thursday morning, the sources said." ~~~

     ~~~ Marie: The "logical next step" to a couple of clowns coming up with no evidence of wrongdoing in their months-long sideshow is to send the clowns back to their trailers; it is not to put them in the center ring. They have no shame. ~~~

     ~~~ Update. Haley Talbot, et al., of CNN: "House Speaker Kevin McCarthy announced Tuesday that he endorsed launching a formal impeachment inquiry into President Joe Biden." According to NBC News reporters who were trying to figure out what it is McCarthy is "endorsing," a House vote is required to open an impeachment inquiry, and it isn't clear McCarthy has the votes to pull that off. In the meantime, an "impeachment inquiry" doesn't mean much. Update Update: Manu Raju of CNN says McCarthy has given up on trying to get a vote, as he had previously said was necessary, and is now going ahead with an "impeachment inquiry" under the direction of Jim Comer, with assistance from Jim Jordan & Jason Smith (chair of the House Ways and Means Committee). Expect a spectacle, one which at this point doesn't even have the support of the GOP caucus. ~~~

     ~~~ Update. Carl Hulse, et al., of the New York Times: "Mr. McCarthy's decision to unilaterally announce an impeachment investigation with no formal House vote entwined the Republican investigations into Mr. Biden with the funding fight that is rattling the Capitol. It appeared to be a bid to quell a brewing rebellion among ultraconservative critics who have accused the speaker of not taking a hard enough line on spending, by complying with their demands to more aggressively pursue the president. Mr. McCarthy said he would task three committees -- Oversight, Judiciary, and Ways and Means -- with carrying out the inquiry into the president and his family as Republicans hunt for evidence of financial wrongdoing or corruption. After months of digging, Republicans have found no such proof.... Mr. McCarthy's announcement appeared to clear the way for House investigators to issue subpoenas for the bank records of Mr. Biden and his family members.... Tuesday's move was a break with the past and a major change in strategy for Mr. McCarthy, who previously indicated that he believed the full House should vote on whether to move forward with an impeachment inquiry." ~~~

~~~ Meredith McGraw & Alex Isenstadt of Politico: "Donald Trump has been weighing in behind the scenes in support of the House GOP push to impeach President Joe Biden, including talking with a member of leadership in the lead up to Tuesday's announcement authorizing a formal impeachment inquiry. The former president has been speaking weekly with House GOP Conference Chair Elise Stefanik, who was the first member of Republican leadership to come out in support of impeachment. The two spoke Tuesday, after House Speaker Kevin McCarthy announced Republicans would be pursuing the inquiry, according to two people familiar with the conversation.... On Sunday night, Trump had dinner at his golf club in Bedminster, N.J., with Rep. Marjorie Taylor Greene (R-Ga.), an ally of Trump and McCarthy. At the gathering, the topic of impeachment was discussed, according to a person familiar with the conversation.... Late last month [Trump] wrote on Truth Social: 'Either IMPEACH the BUM, or fade into OBLIVION. THEY DID IT TO US.' But the extent of his private involvement ... shows the influence he continues to wield inside the party as its likely presidential nominee."

Marshall Cohen of CNN: "A liberal group filed a lawsuit Tuesday to block ... Donald Trump from the 2024 presidential ballot in Minnesota, the second major lawsuit in two weeks that hopes to invoke the 14th Amendment's arcane 'insurrectionist ban.' The cases are seen as legal long shots.... The lawsuit was filed on behalf of eight Minnesota voters, including a former GOP-appointed state Supreme Court justice, a former Democratic secretary of state and an Iraq War veteran who ran his county GOP chapter. Minnesota Secretary of State Steve Simon, a Democrat, acknowledged in a statement last week that Minnesotans have the right under state law to challenge in court a candidate's eligibility for office, and pledged to 'honor the outcome of that process.'" ~~~

     ~~~ Marie: I hear people on the teevee argue that efforts to disallow Trump a place on the ballot are undemocratic and we must "let the people decide" if Trump should be president*. A couple of decades ago, many Republicans wished Arnold Schwarzenegger, the governor of California, were allowed to run for president even though Schwarzenegger was born in Austria and therefore not eligible under the Constitution to become president. There was a bit of grumbling, but nobody claimed Arnold's fate should be decided by the voters. The Fourteen Amendment restriction is essentially the same thing, only with the added wrinkle that somebody (unspecified by the Constitution) has to decide whether or not Trump is disqualified under this restriction. I suspect the reason the framers of the Fourteenth Amendment did not specify the mechanism for disqualification is that the presidential election is run by the states -- not the federal government -- and the process of disqualification will vary state-by-state, according to each state's unique laws.

Ryan Reilly of NBC News: "A host of the far-right media outlet InfoWars was sentenced Tuesday to 60 days in prison for his role in the Jan. 6 attack on the U.S. Capitol. Owen Shroyer is one of only a handful of Jan. 6 participants charged with a crime despite neither entering the Capitol building nor being accused of committing violence or destruction on Capitol grounds.... The conspiracy theorist was with Alex Jones on the grounds of the Capitol.... Prosecutors charged Shroyer because he had previously signed a deferred prosecution agreement after interrupting a congressional hearing in 2019 and had agreed as part of that case not to utter 'loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds.'"

Kim Tong-Hyung of the AP: "Joined by his top military officials handling his nuclear-capable weapons and munitions factories, North Korean leader Kim Jong Un arrived in Russia on Tuesday, where he is expected to hold a rare meeting with President Vladimir Putin that has sparked Western concerns about a potential arms deal for Moscow's war in Ukraine.... Kremlin spokesperson Dmitry Peskov said that Putin and Kim will lead their delegations in talks and could also meet 'one-on-one if necessary.' He added that Putin will host an official dinner for Kim."

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Donald Judd of CNN: "President Joe Biden marked the 22nd anniversary of the September 11, 2001, terrorist attacks on Monday, telling servicemembers gathered in Anchorage, 'terrorism -- including political and ideological violence -- is the opposite of all we stand for as a nation.... We must not succumb to the poisonous politics of difference and division, must never allow ourselves to be pulled apart attending manufactured grievances, we must continue to stand united,' he said. 'We all have an obligation, a duty, a responsibility to defend, to preserve, to protect our democracy.' Biden, who has previously marked 9/11 with visits to sites in Shanksville, Pennsylvania, the Pentagon, and Ground Zero in New York acknowledged that though Elmendorf Air Force Base is not 'located at Ground Zero, we know the distance did not dull or diminish the pain we felt across the nation of September 11.' Biden was speaking at the base as he traveled back from Hanoi, Vietnam, his final stop on a whirlwind trip to Asia to meet with Vietnamese leaders and attend the G-20 summit in New Delhi."

Claire Fahy of the New York Times: "Mourners gathered in grief in Lower Manhattan on Monday, hugging each other and fighting back tears as they remembered their loved ones who died on Sept. 11, 2001. Attendees of the ceremony commemorating the 22nd anniversary of the worst terrorist attack on American soil sat on folding chairs and leaned against trees as flute music filled the air and relatives of those who died read their names aloud -- a ritual that has remained virtually unchanged for more than two decades. Some wore T-shirts emblazoned with photos of their lost loved ones, while others carried posters or framed pictures. Many brought flowers and flags. The families were joined by a number of notable politicians, including Vice President Kamala Harris; Senators Chuck Schumer and Kirsten Gillibrand of New York; Gov. Kathy Hochul of New York; Eric Adams, New York City's mayor; and Bill de Blasio and Michael Bloomberg, Mr. Adams's two most immediate predecessors. Gov. Ron DeSantis of Florida ... also made a brief appearance. Mr. Adams, who was a police lieutenant at the time of the attacks, told CBS News in an interview that he had gone to ground zero that day, and was struck by the 'eerie stillness.'" (Also linked yesterday.) ~~~

     ~~~ Marie: Uh, where was America's Mayor? At the end of yesterday's Comments thread, Akhilleus had a suggestion on Rudy's whereabouts.

The Trials of the Trump Crime Family

The Perp.Time to File Some Frivolous Motions. Richard Fausset & Danny Hakim of the New York Times: "... Donald J. Trump asked a judge on Monday to throw out most of the 13 charges against him in the wide-ranging election interference indictment handed up by a grand jury last month in Georgia. The one-page motion from Mr. Trump's Georgia lawyer, Steven H. Sadow, refers to a more expansive motion also filed on Monday by one of Mr. Trump's 18 co-defendants in the Georgia case, the lawyer Ray Smith III. That motion gives a detailed critique of the 98-page indictment, arguing that its 'defects' are 'voluminous,' and that it is legally unsound." IOW, Trump is too cheap to file his own real motion; he's just piggybacking onto a motion filed by one of his gang.

Marie: Remember that old joke about the astronaut who came back from outer space and a reporter asked him if he had seen God. The astronaut replied, "Yes, and she's Black." Well, Donald Trump doesn't think that's funny, especially when it comes to his own Judgment Day: ~~~

~~~ Fin Gomez & Graham Kates of CBS News: "In a filing Monday, [Donald Trump's attorneys] argued that Judge Tanya Chutkan should recuse herself from the case for previous statements they say give the appearance of bias. They did not outright accuse Chutkan of being biased against Trump, but highlighted statements they claimed 'create a perception of prejudgment incompatible with our justice system.... Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying,' Trump's attorneys wrote in the filing.... Trump's filing highlights several instances during hearings related to defendants in Jan. 6 riot cases in which Trump's attorneys say Chutkan appeared critical of the former president.... The only case in which Trump has not sought a new judge or jurisdiction is one in which" he appointed the judge (Aileen Cannon). The New York Times story is here. (Also linked yesterday.) ~~~

     ~~~ Marie: Appearing on MSNBC, Andrew Weissmann & Neal Katyal didn't think much of Trump's motion, especially inasmuch as federal judges are required to cite reasons for their sentencing decisions.

"The Big One." Marc Elias in Democracy Docket: Missing in the indictments of Donald Trump for attempting to overturn the 2020 presidential election: "Trump's audacious effort to enlist the U.S. Supreme Court in throwing out the election results in four key battleground states. At the time, Trump called the case 'the big one.' If successful, this one lawsuit would have disenfranchised more than 20 million voters across Georgia, Michigan, Pennsylvania and Wisconsin and changed the results of the election.... It was filed by the state of Texas, not gadfly lawyers. It was brought in the name of the state, signed by the state's attorney general with the support of the governor.... Other than the events that took place on Jan. 6, the Texas case was the most profoundly anti-democratic act in the post-election period. The use of state resources and official imprimatur to traffic in false information and overturn an election was a precursor to the fake elector schemes and Jeffrey Clark's attempt to use government resources to overturn Georgia's election results. Most importantly, the Texas case galvanized the Republican political and legal community behind Trump's plan to steal the election. Within two days, 17 other states -- represented by their state's lawyers -- filed a legal brief in support of Texas. Not to be outdone, 106 Republican members of Congress filed their own brief, also supporting Texas." Read on. (Also linked yesterday.) ~~~

     ~~~ Marie: Elias doesn't say so, but the Supremes threw out the case: Emma Platoff of the Texas Tribune (Dec. 2020): "... the U.S. Supreme Court ... tossed out the Texas lawsuit that had become a vehicle for Republicans across the country to contest President-elect Joe Biden's victory. In a few brief sentences, the high court said it would not consider the case.... 'Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,' the court wrote in an unsigned ruling Friday evening. Justices Samuel Alito and Clarence Thomas indicated they would have allowed Texas to bring the case but said they would 'not grant other relief.' None of Trump's appointees indicated they saw any merit in the lawsuit."

MEANWHILE, Down Florida Way, Judge Aileen Is Slow-waltzing with the One Who Brung Her. David Kurtz of TPM: "Welp, we're coming up on a month since U.S. District Judge Aileen Cannon issued any meaningful orders or rulings in the Mar-a-Lago documents case -- and frankly that's a generous application of the word 'meaningful.' Back on Aug. 17, Cannon did issue an order but it was more notable for kicking the can on the case than actually moving it forward. And since then, very little has happened in the Mar-a-Lago case.... Here's what Cannon still hasn't done: 1. Issued a protective order covering the handling of classified documents in the case. 2. Held Garcia hearings on the potential conflicts of interest facing two of the defense counsel in the case. But it's actually even a little worse than that: Cannon hasn't even scheduled hearings on these matters yet, even though they've been pending in one form or another for weeks.... Cannon hasn't held a hearing in the case since July 18."

Michael Kunzelman of the AP: "One of three active-duty Marines who stormed the U.S. Capitol together was sentenced on Monday to probation and 279 hours of community service -- one hour for every Marine who was killed or wounded fighting in the Civil War. U.S. District Judge Ana Reyes said she can't fathom why Dodge Hellonen violated his oath to protect the Constitution 'against all enemies, foreign and domestic' -- and risked his career -- by joining the Jan. 6, 2021, riot that disrupted Congress from certifying President Joe Biden's 2020 electoral victory."

** Heidi Przybyla of Politico: Citizens United "upended nearly 100 years of campaign spending restrictions." Before the decision came down, Ginni Thomas, Leonard Leo & Harlan Crow were ready for it, creating an organization where the initial goals were to block President Obama's agenda, mainly Obamacare. "From those early discussions among Leo, Thomas and Crow would spring a billion-dollar force that has helped remake the judiciary and overturn longstanding legal precedents on abortion, affirmative action and many other issues. It funded legal scholars to devise theories to challenge liberal precedents, helped to elect state attorneys general willing to apply those theories and launched lavish campaigns for conservative judicial nominees who would cite those theories in their rulings from the bench. The movement's triumphs are now visible but its engine remains hidden: A billion-dollar network of groups, most of which are registered as tax-exempt charities or social welfare organizations. Taking advantage of gaps in disclosure laws, they shield the identities of most of their donors and some of the recipients of the funds." They also hide whether or not some of the principals are "using charities for personal enrichment" and whether or not principals like Ginni Thomas are doing any work for the payments they receive. MB: If wingers are dumb, it might be because of inbreeding. This is a truly incestuous bunch. (Also linked yesterday.) ~~~

     ~~~ Marie: Ginni and her Courtly hubbie most likely file a joint return, so -- as Lawrence O'Donnell pointed out last night -- Ginni's income is Clarence's income. Sen. Sheldon Whitehouse (D-R.I.) emphasized that the purpose of setting up these dummy corporations, who compensate Ginni (& Leonard), is to hide the real sources of their income so that Clarence's conflicts-of-interest are entirely opaque.

Eugene Robinson of the Washington Post: Elon "Musk has acknowledged that he refused a request from the Ukrainian military last September to activate the Starlink satellite communications network, operated by the Musk-founded SpaceX, over Russian-occupied Crimea.... The Ukrainians' 'obvious intent' was 'to sink most of the Russian fleet at anchor,' Musk posted last week on X.... An impulsive billionaire, unsure of whether he wants to be a superhero or a Bond villain, should not have been in a position to make that call. No private citizen should be making such unilateral decisions about our national security.... The U.S. government should deploy its own low-Earth-orbit satellite array, whose use would be determined by the president and the military chain of command." ~~~

     ~~~ ** Marie: And that's not all. Musk has cut off Ukraine military communications in much of the area of Ukraine that Russia "annexed" in 2014 and/or controls now. As Rachel Maddow laid out last night, Musk had just spoken with the Russian ambassador to the U.S. before he made that particular decision to cut off the Ukraine military's communications system. Ronan Farrow the New Yorker wrote that Musk also spoke to Vladimir Putin. Musk also has -- and uses -- access to Ukraine's military communications. Musk is a naturalized American citizen. This sounds to me like old-fashioned, Constitutionally-defined treason. Musk is undermining U.S. national security interest during an armed conflict. Not only that, Musk's ability to undermine U.S. and Ukrainian interests is unique. I won't deny that arms-manufacturing giants like Lockheed Martin & Northrop Grumman can influence American military interests by their ability or failure to timely produce weapons & defense technology the Pentagon orders. But that's a far, far different thing from deciding when and where the U.S. and its allies can use those defense products. Something is fundamentally wrong when a wacky private citizen -- on his own quixotic whims and under the influence of an enemy combatant -- can make battlefield decisions.

Laurie McGinley & Lena Sun of the Washington Post: "The Food and Drug Administration on Monday approved a reformulated coronavirus vaccine in a bid to provide increased protection ahead of cooler weather -- even as the nation endures a late-summer uptick of covid-19 cases and hospitalizations. The shots, which target an omicron subvariant and were cleared for anyone 6 months and older, are manufactured by Moderna and by Pfizer and its German partner, BioNTech. If the Centers for Disease Control and Prevention signs off Tuesday, injections could be available in pharmacies, clinics and doctor's offices by the end of the week." This article is free to nonsubscribers. (Also linked yesterday.) ~~~

     ~~~ Here's the FDA's press release. (Also linked yesterday.)

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Virginia. Laura Vozzella of the Washington Post: "A Democrat running for a crucial seat in Virginia's House of Delegates performed sex acts with her husband for a live online audience and encouraged viewers to pay them with 'tips' for specific requests, according to online videos viewed by The Washington Post. Susanna Gibson, a nurse practitioner and mother of two young children running in a highly competitive suburban Richmond district, streamed sex acts on Chaturbate, a platform that says it takes its name from 'the act of masturbating while chatting online.'... In a written statement, Gibson called the exposure of the videos 'an illegal invasion of my privacy designed to humiliate me and my family.'... Daniel P. Watkins, a lawyer for Gibson, said disseminating the videos constitutes a violation of the state's revenge porn law, which makes it a Class 1 misdemeanor to 'maliciously' distribute nude or sexual images of another person with 'intent to coerce, harass, or intimidate.'... The Republican operative who alerted The Post to the videos denied any connection to the ... campaign [of Gibson's rival] or other groups active in Virginia elections this year." The AP's story is here.

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Morocco. Loveday Morris & Annabelle Timsit of the Washington Post: "Governments far and wide have offered aid to Morocco following a 6.8-magnitude earthquake that has left more than 2,500 people dead and thousands injured and displaced. But, to the bafflement of officials abroad, Morocco has been slow to accept support.... The Moroccan Interior Ministry said in a statement Sunday that it would initially accept search-and-rescue teams only from Britain, Qatar, Spain and the United Arab Emirates -- which it called 'friendly countries' -- after taking into account the 'needs of the field.' But Morocco also appeared slow to take up offers of broader humanitarian and technical assistance."

News Ledes

Libya. New York Times: "Thousands of people have been killed in Libya in the flooding caused by heavy rains that devastated parts of the country this weekend, a disaster exacerbated by the collapse of two dams in the coastal city of Derna, aid agencies said on Tuesday. Tamer Ramadan, head of the International Federation of Red Cross and Red Crescent Societies delegation in Libya, said the death toll from the flooding was expected to reach thousands in coming days. Speaking to reporters at a U.N. briefing via videoconference from Tunisia, he said 10,000 people were missing, and that those figures were based on reports from the Libyan Red Crescent on the ground."

New York Times: "The police in Pennsylvania said Danelo Cavalcante, a convicted murderer who escaped from a Pennsylvania prison more than 10 days ago, was armed and had been spotted again on Monday night.... Chester County's Department of Emergency Services issued a report of a shooting, with injuries, on Monday night.... But it was not immediately clear if the shooting, near Pughtown, Pa., had involved Mr. Cavalcante." ~~~

     ~~~ NBC News Update: "Escaped convict Danelo Cavalcante was shot at by a homeowner who found him in the garage stealing a rifle Monday night, authorities said.... The homeowner opened fire at the man, who was said by police to be Cavalcante, several times as he 'fled with the rifle.' Pennsylvania State Police responded to the scene within minutes but Cavalcante was gone. [George] Bivins [of the state police] said he believed Cavalcante was unharmed in the incident. A green sweatshirt and a white T-shirt believed to belong to the convict were found near the edge of the driveway of the home and the search perimeter was expanded to include that area. Earlier that evening, at 8 p.m. Monday, a motorist reported seeing a male crouched in the woodline along the south side of Fairview Road west at Route 100."

New York Times: "An American cave expert who became ill while he was more than 3,000 feet underground in a cave in Turkey, prompting an international rescue effort, was pulled safely from the cave soon after midnight Tuesday morning local time and immediately brought to a medical tent, the Speleological Federation of Turkey announced in a statement. While he was deep underground, the caver, Mark Dickey, 40, who is himself an expert cave rescuer, suffered gastrointestinal bleeding and lost three liters of blood. He was part of an expedition that was exploring the Morca cave, which he entered on Aug. 30."