The Conversation -- September 11, 2023

Marie: You know 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.

"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. ~~~

     ~~~ Marie: Elias doesn't say so, but the Supremes tnrew 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."

** 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.

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. ~~~

     ~~~ Here's the FDA's press release.

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 ... that he had gone to ground zero that day, and was struck by the 'eerie stillness.'" ~~~

     ~~~ Marie: Uh, where was America's Mayor?

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Jennifer Peltz of the AP: "Americans are looking back on the horror and legacy of 9/11, gathering Monday at memorials, firehouses, city halls and elsewhere to observe the 22nd anniversary of the deadliest terror attack on U.S. soil. Commemorations stretch from the attack sites -- at New York's World Trade Center, the Pentagon and Shanksville, Pennsylvania -- to Alaska and beyond. President Joe Biden is due at a ceremony on a military base in Anchorage."

Josh Boak & Aamer Madhani of the AP: "President Joe Biden closed a visit to Vietnam on Monday by spotlighting new business deals and partnerships between the two countries and paying respects at a memorial honoring his late friend and colleague Sen. John McCain , who endured a lengthy incarceration during the Vietnam War. Biden met with Prime Minister Phạm Minh Chính, who also accompanied the president to a quick drop by at a meeting of American and Vietnamese business leaders. Biden also sat down with President Võ Văn Thưởng, who hosted the U.S. president for a state luncheon of steamed codfish and Hanoian beef noodle soup. Biden spoke about strengthening Vietnam's semiconductor industry and his administration's commitment to an open Pacific."

Peter Baker & Katie Rogers of the New York Times: "President Biden cemented a new strategic relationship with Vietnam on Sunday, bringing two historical foes closer than they have ever been and putting the ghosts of the past behind them out of shared worry over China's mounting ambitions in the region. During a landmark visit to Hanoi by the American president, Vietnam's Communist Party leadership formally raised the country's ties to the United States to the highest level in Hanoi's diplomatic hierarchy, equivalent to those it has with Russia and China. Mr. Biden said the breakthrough was 'the beginning of even a greater era of cooperation' a half-century after American troops withdrew. 'Today, we can trace a 50-year arc of progress in the relationship between our nations, from conflict to normalization,' Mr. Biden said at a news conference after a meeting with Nguyen Phu Trong, the general secretary of the Communist Party of Vietnam. 'This is a new elevated status that will be a force for prosperity and security in one of the most consequential regions in the world.'"

Carl Hulse of the New York Times: "Congress is poised this week to dive into an epic fight over spending, as the Senate for the first time in years puts appropriations bills on the floor for debate and Speaker Kevin McCarthy tries to find his way out of a complex funding tangle that could ultimately threaten his leadership post. With less than three weeks remaining before government funding runs out on Sept. 30, Congress has not cleared any of its 12 annual appropriations bills, though there has been more progress than in the recent past. Given the rapidly approaching deadline, leaders of both the House and the Senate agree that a temporary stopgap funding measure will be needed to avert a government shutdown beginning Oct. 1. But that usually routine legislation is facing major obstacles in the Republican-led House, making its path to President Biden's desk unusually fraught." An AP story is here. ~~~

     ~~~ Sarah Ferris, et al., of Politico: "Kevin McCarthy is facing the greatest peril to his speakership since he clawed his way into the job eight months ago, with multiple factions of his party feuding and a looming revolt ahead during the battle to fund the government. Ultra-conservative members of the House GOP are talking in unsubtle terms about turning on McCarthy if he does not take a hard line in negotiations with the Senate and the Biden administration. More centrist Republicans, too, are increasingly fed up with McCarthy's efforts to placate the far right. They want him to stop giving ground to lawmakers they see as holding the party hostage to unrealistic demands."

AP: "The chairman of the House Foreign Affairs Committee is slamming a fellow Republican in the Senate for waging an unprecedented attempt to change Pentagon abortion policy by holding up hundreds of military nominations and promotions. Rep. Michael McCaul, R-Texas, told CNN's 'State of the Union' on Sunday that Alabama Sen. Tommy Tuberville is 'paralyzing the Department of Defense.'"

Alex Seitz-Wald of NBC News: "As three high-profile California Democrats vie to replace retiring Sen. Dianne Feinstein, Democratic Gov. Gavin Newsom said in an interview with NBC's 'Meet the Press' that he would not appoint any of them to the seat, should it become vacant sooner than expected.... In his most direct comments on the matter yet, Newsom said in the interview with Chuck Todd ... that he would instead make an 'interim appointment' to replace Feinstein if necessary. '... I don't want to get involved in the primary,' Newsom said. 'It would be completely unfair to the Democrats that have worked their tail off. That primary is just a matter of months away. I don't want to tip the balance of that.'"

Nicholas Riccardi of the AP: "Attorneys for ... Donald Trump moved a lawsuit seeking to bar him from running again for the White House from state to federal court in the first step of what promises to be a tangled legal battle that seems destined for the U.S. Supreme Court. The liberal group Citizens for Responsibility and Ethics in Washington filed the initial lawsuit on Wednesday in Colorado state court, arguing a Civil War-era clause prohibiting higher office for those who once swore an oath to the Constitution and then engaged in 'insurrection' prevents Trump from running in 2024. The initial state judge in Denver assigned the case recused himself for an unspecified conflict of interest, and then Trump's attorneys on Thursday moved the case to federal court -- asserting that the matter should be adjudicated at the federal level since it raises a constitutional issue. The plaintiffs in the case will argue it should first go back to state court, but both sides anticipate that ultimately the top echelons of the federal system will have to consider the issues the lawsuit raises."

Presidential Race 2024. Stephen Collinson of CNN: "Donald Trump is conjuring his most foreboding vision yet of a possible second term, telling supporters in language resonant of the run-up to the January 6 mob attack on the US Capitol that they need to 'fight like hell' or they will lose their country. The rhetorical escalation from the four-times-indicted ex-president came at a rally in South Dakota on Friday night where he accused his possible 2024 opponent, President Joe Biden, of ordering his indictment on 91 charges across four criminal cases as a form of election interference. 'I don't think there's ever been a darkness around our nation like there is now,' Trump said, in a dystopian speech in which he accused Democrats of allowing an 'invasion' of migrants over the southern border and of trying to restart Covid 'hysteria.'... Trump's strong lead in the primary shows there is a market for his brand of strongman theatrics. Millions of voters trust and admire him and have been persuaded both by his false claims that he won the 2020 election and that the criminal indictments he is facing are an attempt to persecute him for his political views."

Dan Balz of the Washington Post: "In a polarized United States, what divides Democrats and Republicans the most ... is the issue of race, whether in regard to the backgrounds of the voters who make up the two parties' coalitions, or the conflicting agendas and priorities each side advocates in the pursuit of power.... Lilliana Mason of Johns Hopkins University writes in ... a report produced by the American Political Science Association (APSA)..., 'The process of social sorting allowed the Republican Party to represent the interests of "traditional" white, Christian America while the Democratic Party was increasingly representing those who were still struggling to overturn centuries of social inequality. This type of divide is not easily corrected -- Democrats and Republicans have opposing visions of who should hold power in American society and how much progress has already been made.'" ~~~

     ~~~ Marie: Sorry, I don't think a person is really a Christian if he's a racist any more than a person who displays a Confederate flag is an American patriot.

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Dixieland. Gillian Brockell of the Washington Post: "A number of state flags still commemorate -- in ways both obvious and oblique -- the bloody attempt to create a permanent slave society.... Three state flags -- for Alabama, Florida and Tennessee -- contain elements reminiscent of the battle flag and were adopted during the Jim Crow era but otherwise lack historical proof of an intentional link.... [In 2020,] Mississippi became the last state to remove the Confederate battle flag from its state flag.... Seven state flags, including Maryland's, have documented links to the Confederacy and white supremacy. Here they are, ranked from least to most obvious...."

New Mexico. Edward Helmore of the Guardian & Agencies: "A pro-gun group is suing the New Mexico governor, Michelle Lujan Grisham, in an effort to block a 30-day emergency order suspending the right to carry firearms in public in Albuquerque's Bernalillo county issued last week after a spate of shootings."

News Ledes

Weather Channel: "Hurricane Lee continues to grow larger and its northward turn this week could eventually take it on a track that brings rain, wind and coastal flooding impacts to Bermuda, Atlantic Canada and eastern New England, but there remains a high amount of uncertainty in the forecast. The hurricane will send dangerous high surf and rip currents to the U.S. East Coast regardless of where it tracks over the next several days." ~~~

     ~~~ Washington Post: "Large and powerful Hurricane Lee is plowing across the Atlantic Ocean north of the Leeward Islands and there is an increasing likelihood that it will affect parts of eastern North America late this week. After it makes a hard turn to the north Wednesday, it could sideswipe Bermuda on Thursday before possibly bringing storm hazards to eastern New England."

Pennsylvania. AP: "Authorities say an escaped murderer who has eluded capture since breaking out of a southeastern Pennsylvania prison a week and a half ago slipped out of the search area, changed his appearance, stole a dairy delivery van, abandoning it miles away and remained at large. Lt. Col. George Bivens of the Pennsylvania State Police said Sunday that Danelo Souza Cavalcante stole the unlocked van which had the keys inside sometime Saturday night about three-quarters of a mile from the northern perimeter of the search area where hundreds of law enforcement officers had been searching for him.... The theft [of the van] wasn't noticed for hours, and in the meantime Cavalcante, 34, traveled more than 20 miles (32 kilometers) northeast to East Pikeland Township and Phoenixville. Shortly before 10 p.m. Saturday he went to an East Pikeland Township home of a person he had worked with several years ago and asked to meet with him, police said. The homeowner, who was at dinner with his family and didn't respond, called police after returning home and reviewing his doorbell video. Shortly after 10 p.m. Saturday, police said, Cavalcante went to the Phoenixville area home of another former work associate, who wasn't home, police said."

Morocco. AP: "People in Morocco slept in the streets of Marrakech for a third straight night as soldiers and international aid teams in trucks and helicopters began to fan into remote mountain towns hit hardest by a historic earthquake. The disaster killed more than 2,100 people -- a number that is expected to rise -- and the United Nations estimated that 300,000 people were affected by Friday night's magnitude 6.8 quake. Amid offers from several countries, including the United States and France, Moroccan officials said Sunday that they are accepting international aid from just four countries: Spain, Qatar, Britain and the United Arab Emirates."

The Conversation -- September 10, 2023

Matt Viser & Meryl Kornfield of the Washington Post: "President Biden gathered with some of the world's top leaders Sunday morning at a memorial site [in New Delhi] for Mohandas K. Gandhi, one of history's foremost independence figures known for espousing nonviolent resistance, at a time when the world's richest nations are consumed by debate over Russia's ongoing invasion of Ukraine.... Afterward, Biden departed for Hanoi for a 24-hour stop aimed at upgrading the diplomatic relationship between Vietnam and the United States in a way that could continue reorienting parts of the Asia-Pacific region as a counterbalance to China. It will be the first time that Biden, who has visited dozens of nations and whose generation was engulfed by the Vietnam War, sets foot in the country."

A Declaration Signifying Nothing (or at Least Not Much). Katie Rogers of the New York Times: "A painstakingly negotiated declaration Saturday evening at the Group of 20 summit in New Delhi omitted any condemnation of Russia's invasion of Ukraine or its brutal conduct of the war, instead lamenting the 'suffering' of the Ukrainian people. It was an eye opening departure from a similar document agreed to less than a year ago in Bali, when leaders acknowledged different views over the invasion but still issued a strong condemnation of the Russian invasion and called on Moscow to withdraw its troops.... [President] Biden and his advisers focused on what the new declaration had achieved: It included new language on the issue of global debt and on overhauling institutions like the World Bank to address the growing strains on poorer countries; an invitation to the African Union to join the G20; and a push for more financing to help vulnerable nations deal with the costs of dealing with climate change. The declaration also underscored the potential of digital technologies to increase inclusion in global economies."

Ben Protess, et al., of the New York Times: "One day in June of last year..., Yuscil Taveras..., who ran Mar-a-Lago's technology department from a cramped work space in the [resort's] basement..., confided in an office mate that another colleague had just asked him, at [Donald] Trump's request, to delete the [security] footage that [federal] investigators were seeking.... Before long, the story had ricocheted around the grounds ... and up the chain of command at Trump Tower in Manhattan, prompting Mr. Taveras's superiors in New York to warn against deleting the tapes.... Looking to steer clear of the investigation..., , when he was summoned before a grand jury this spring, Mr. Taveras did not fully recount the incident. Only after prosecutors subsequently threatened to charge him for failing to tell all that he knew did Mr. Taveras shift course to become a potentially important witness in the case.... This account of Mr. Taveras's turnabout ... reveals new details of the critical ... he played in helping investigators develop evidence that Mr. Trump and two aides allegedly plotted to destroy security footage showing boxes of classified materials being shuttled in and out of a storage room at Mar-a-Lago." ~~~

     ~~~ Marie: I'm happy to report that this is a Trump mob story in which a character is named Matt the Squids Junior. All Trump Crime Family stories should have more characters with names like that. I mean, "Mark Meadows" and "Jeffrey Clark" are so plain-vanilla borrr-ing. Rudy the Ghoul & Kenny the Cheese are much more in keeping with what I had in mind.

Ryan Reilly of NBC News: "The man who federal authorities say set off a brutal battle with police at the lower west tunnel of the U.S. Capitol on Jan. 6 was arrested Friday, nearly two years after he was identified by online sleuths. Gregory Mijares was identified by online 'Sedition Hunters' in 2021. An FBI affidavit said the bureau received a tip in October 2021, and then interviewed Mijares in March 2023. Mijares was arrested in Crown Point, Indiana, on Friday, according to court records, and charged with felony civil disorder along with two misdemeanor charges. Video footage shows Mijares was the first rioter to enter the Capitol through the lower west terrace doors on Jan. 6, 2021. The lower west terrace was the site of some of the worst violence at the Capitol that day. Several police officers sustained major injuries, and rioter Rosanne Boyland died amid the chaos.... Online sleuths were able to identify Mijares with the help of a photo posted by a journalist that shows him posing near the Capitol after the attack when he was not wearing his mask." MB: There's no indication in the story as to why it took authorities almost two years to arrest a guy who was believed to be such a prominent insurrectionist. P.S. Shouldn't the Sedition Hunters get some kind of award/reward for finding these perps?

A New Wrinkle in the Mystery of the 20th Century. Peter Baker of the New York Times: "Now, 60 years later, Paul Landis, one of the Secret Service agents just feet away from President John F. Kennedy on that fateful day in Dallas, is telling his story in full for the first time. And in at least one key respect, his account differs from the official version in a way that may change the understanding of what happened in Dealey Plaza.... Mr. Landis's account, included in a forthcoming memoir, would rewrite the narrative of one of modern American history's most earth-shattering days in an important way.... It could ... encourage those who have long suspected that there was more than one gunman in Dallas on Nov. 22, 1963, adding new grist to one of the nation's enduring mysteries.... [The single-bullet theory, embraced by the Warren Commission, rests on the assumption that] ... the bullet was found on a stretcher believed to have held [Texas Gov. John] Connally at Parkland Memorial Hospital.... But Mr. Landis, who was never interviewed by the Warren Commission, said that ... he was the one who found the bullet -- and he found it ... in the presidential limousine lodged in the back of the seat behind where Kennedy was sitting."

Elizabeth Spiers of the New York Times: "When Luis Rubiales, the president of Spain's soccer federation, faced global backlash for kissing Jenni Hermoso, a member of the Spanish team that won the Women's World Cup..., he executed a play that has proved to be a winner: He doubled down, insisting that he'd done nothing wrong, that it was mutual and that he was the victim of a 'witch hunt.'... There are ... many species of misogynists..., but Mr. Rubiales -- like Donald Trump, who did a similar maneuver when E. Jean Carroll accused him of rape -- represents a particularly insidious breed. These men cannot be shamed for their behavior..., because they fundamentally believe it is acceptable. They don't seem to understand that their victim is as human and complex as they are and has a will of her own. That's why they find it so hard to understand that anything short of rape can really be assault. 'He wasn't raping her,' Woody Allen recently said in Mr. Rubiales's dubious defense. 'It was just a kiss, and she was a friend. What's wrong with that?'"

Farhad Manjoo of the New York Times: "Wunderkind founders are revered [in Silicon Valley], [link fixed] growing old is considered a disease in need of a cure, and ageism is barely concealed. In 2007, a year before he became, at 23, the world's youngest self-made billionaire, [Mark] Zuckerberg said the quiet part out loud. 'Young people,' he told an audience at Stanford, 'are just smarter.' They arent, actually. The tech industry's hostility to aging 'continues to violate common sense,' Joseph Coughlin, the director of M.I.T.'s AgeLab, told me.... He said that companies in the auto industry, financial services, retail and other sectors are coming around to the emerging opportunities of the 'longevity economy,' the 1.6 billion people around the world who will be 65 or older by the year 2050. Silicon Valley remains a glaring exception." ~~~

     ~~~ Marie: I'll tell you who else suffers from ageism: whoever picked out the photo that accompanies this opinion piece: a scraggly-haired grizzled old man wearing a flannel shirt while sitting at a dated desktop computer in what looks like a dark & cluttered basement. The photo is insulting.

Maureen Dowd of the New York Times writes about her friendship with Jimmy Buffett. (Also linked yesterday.) ~~~

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New Mexico. Morgan Lee of the AP: "New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence. The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week. Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights." (Also linked yesterday.) ~~~

     ~~~ Marie: Might be a good idea if somebody told that sheriff-turned-Constitutional-scholar that there is no Second Amendment right to open carry.

Texas. Chuck Lindell of the Texas Tribune summarizes what-all happened this week at the state senate trial of suspended Texas attorney general Ken Paxton. (Also linked yesterday.)

News Lede

New York Times: "Rescuers in Morocco raced to reach remote areas in the mountains outside Marrakesh on Sunday after the worst earthquake to hit the area in a century flattened homes across central and southern parts of the country, killing more than 2,000 people. The extent of the damage and number of casualties after the magnitude-6.8 earthquake late Friday night remained unclear because the hardest-hit communities were in the High Atlas Mountains, where the few roads appeared to be blocked by debris, and where phone service and electricity had been knocked out. Many homes in that area are made of mud bricks, a traditional construction method that is highly vulnerable to earthquakes and heavy rains." This is a liveblog.

The Conversation -- September 9, 2023

New Mexico. Morgan Lee of the AP: "New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence. The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week. Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights."

Texas. Chuck Lindell of the Texas Tribune summarizes what-all happened this week at the state senate trial of suspended Texas attorney general Ken Paxton.

Maureen Dowd of the New York Times writes about her friendship with Jimmy Buffett.

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The New York Times is liveblogging developments at the G-20 summit: "Leaders of the world's largest economies gathered on Saturday to discuss ways to eas burdens on poorer nations, opening a Group of 20 summit whose Indian hosts hope will advance a global economic agenda even as it is overshadowed by Russia's war in Ukraine and the absence of the Russian and Chinese leaders. India, a growing diplomatic and economic power that has stuck to neutrality over the Ukraine conflict, has painstakingly tried to limit discussions about the war to the economic distress it has caused, with energy and food prices rising around the world. Atop the G20 economic agenda in New Delhi is the issue of global debt and reforming institutions such as the World Bank to address the growing strains on poorer countries; a push for more financing to help vulnerable nations deal with the costs of mitigating threats from climate change; and the potential of digital technologies to increase inclusion in global economies."

Fifth Circuit: The First Amendment Protects Dangerous Lies. Steven Myers of the New York Times: "A federal appeals court ruled on Friday that the Biden administration most likely overstepped the First Amendment by urging the major social media platforms to remove misleading or false content about the Covid-19 pandemic, partly upholding a lower court's preliminary injunction in a victory for conservatives. The ruling, by a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in New Orleans, was another twist in a First Amendment case that has challenged the government's ability to combat false and misleading narratives about the pandemic, voting rights and other issues that spread on social media." ~~~

     ~~~ Tierney Sneed of CNN: "A federal appeals court on Friday said the Biden administration likely violated the First Amendment in some of its communications with social media companies, but also narrowed a lower court judge's order on the matter. The US 5th Circuit Court of Appeals ruled that certain administration officials -- namely in the White House, the surgeon general, the US Centers for Disease Control and Prevention, and the Federal Bureau of Investigation -- likely 'coerced or significantly encouraged social media platforms to moderate content' in violation of the First Amendment in its efforts to combat Covid-19 disinformation. But the three-judge panel said the preliminary injunction issued by US District Judge Terry Doughty in July, which ordered some Biden administration agencies and top officials not to communicate with social media companies about certain content, was 'both vague and broader than necessary to remedy the Plaintiffs' injuries, as shown at this preliminary juncture.'" Donald Trump appointed Doughty.

Trump Family Crime Blotter

** Richard Fausset & Danny Hakim of the New York Times: "... a judge rejected an effort by Mark Meadows, [Donald] Trump's former White House chief of staff, to move his case from state court to federal court.... The ruling, by Judge Steve C. Jones of the Northern District of Georgia, does not bode well for [other Georgia defendants who are expected to attempt to have their cases moved to federal court]." Meadows appealed the ruling Friday night. (An earlier version of this report was linked yesterday.) CNN's story is here. ~~~

     ~~~ Marie: So despite what we all may have assumed, even in a Trump administration, criminal activity is not a part of the written job description for chief-of-staff. (Okay, Judge Jones' actual rationale was more along the lines of -- working for a presidential campaign is not a part of the job description for chief-of-staff.)

** Richard Fausset & Danny Hakim of the New York Times: "A special grand jury that investigated election interference allegations in Georgia recommended indicting a number of Trump allies who were not charged, including Senator Lindsey Graham of South Carolina, the former senators David Perdue and Kelly Loeffler of Georgia, and Michael Flynn, a former national security adviser. In its final report, which a judge unsealed on Friday, the panel also recommended charges against Boris Epshteyn, one of ... Donald J. Trump's main lawyers, as well as a number of other Trump-aligned lawyers, including Cleta Mitchell and Lin Wood." (Also linked yesterday.) ~~~

     ~~~ CNN: "A Georgia judge has released the full final report from the special grand jury that investigated Donald Trump and his allies' attempts to overturn the 2020 election in the state. The panel recommended charges against GOP Sen. Lindsey Graham of South Carolina and former GOP Sens. David Perdue and Kelly Loeffler of Georgia. Fulton County District Attorney Fani Willis did not charge them in the indictment last month against Trump and 18 other co-defendants." The linked page is a CNN liveblog that covers this & other matters related to the Georgia RICO case. (Also linked yesterday.) ~~~

"The Georgia special grand jury had recommended charges against 39 people as part of their 2020 election interference probe. Ultimately, 21 people on the list were not charged. One other person -- Michael Roman, whose name did not appear in the report -- was also charged by the Fulton County district attorney." This entry lists all the people the special grand jury recommended for indictment. ~~~

     ~~~ Politico's story is here. You can read the full special grand jury report here, via Politico. (CNN also has republished the report on its liveblog, but you'll have to scroll down to find it. (Also linked yesterday.)

The Family that Rebels Together Gets Jail Time Together. Eduardo Medina of the New York Times: "A Tennessee man and his mother were sentenced to prison on Friday for seeking to intimidate lawmakers by marching with matching tactical vests and carrying zip tie-style handcuffs during the Jan. 6 attack on the U.S. Capitol, federal prosecutors said. The man, Eric Munchel, 32, of Nashville, who became known on social media as 'Zip Tie Guy,' was sentenced to nearly five years in prison, the Justice Department said. His mother, Lisa Marie Eisenhart, 59, of Woodstock, Ga., was sentenced to two and a half years in prison, the department said. They were fined $2,000 each, and their prison terms will be followed by two and a half years of supervised release." The NBC News story is here. MB: Such a sweet family-values kinda story. I mean, how can you jail a mom-and-son couple who wore matching outfits to the revolution?

Alan Feuer of the New York Times: "Last October, a few months before he went to trial on sedition charges linked to the attack on the Capitol on Jan. 6, 2021, Enrique Tarrio, the former leader of the Proud Boys, got an invitation: [to meet with his lawyers and federal prosecutors].... During that meeting, Mr. Tarrio recounted on Friday in a phone interview from jail, the prosecutors told him that they believed he had communicated in the run-up to the riot with ... Donald J. Trump through at least three intermediaries. The prosecutors, Mr. Tarrio said, offered him leniency if he could corroborate their theory. Mr. Tarrio said he told them they were wrong. And the discussion with prosecutors -- which took place in Miami, Mr. Tarrio's hometown -- apparently went nowhere. Mr. Tarrio was later convicted of seditious conspiracy in federal court in Washington and was sentenced on Tuesday to 22 years in prison.... 'There is absolutely no connection between me and President Trump,' Mr. Tarrio said.... During the sedition trial, prosecutors introduced a text message ... suggesting that he had coordinated some rallies the Proud Boys were involved in with Mr. Trump's campaign."

Presidential Race 2024

Dareh Gregorian, et al., of NBC News: "... Donald Trump is seeking to have a Colorado lawsuit aimed at kicking him off the 2024 ballot in the state moved to federal court. In a court filing on Thursday, lawyers for Trump argued the suit brought earlier this week by a group of six voters should be moved from state court to federal court because it centers on the 14th Amendment of the U.S. Constitution, which holds that no person shall hold any office if they 'engaged in insurrection or rebellion' after having taken an oath to support the Constitution." (Also linked yesterday.)

Nicholas Nehamas & Patricia Mazzei of the New York Times: "During his 2018 run for governor, Ron DeSantis not only pledged to protect Florida's Everglades and waterways, he also acknowledged that humans played a role in exacerbating the climate change that threatened them.... Now running for president..., the Florida governor no longer repeats his previous view that humans affect the climate, even as scientists say that the hurricanes battering his state are being intensified by man-made global warming.... Instead, Mr. DeSantis has seemingly reverted to an old Republican Party line that climate change is happening naturally, without being accelerated by human behavior like the burning of fossil fuels. Decades of scientific research contradict that position. And it is also out of step with what polling shows many Americans believe. On the 2024 campaign trail, Mr. DeSantis has promised to ramp up domestic oil and gas production and fight against mandates on the introduction of electric vehicles -- the kinds of steps that could worsen the sea-level rise that is flooding coastal cities in Florida and around the world." ~~~

     ~~~ Marie: Ron DeSantolini is the best living American specimen of how blind ambition corrupts. What a pathetic little clown.

Justice Alito's decision to dress up some misguided views of his ethical obligations as a formal Court opinion doesn't make the missive any more correct or any less imperious. -- Gabe Roth of Fix the Courts ~~~

~~~ Tierney Sneed of CNN: "Supreme Court Justice Samuel Alito sharply rejected calls from Democratic senators that he not participate in an upcoming tax case where one of the lawyers involved also participated in recent Wall Street Journal interviews of the conservative jurist. Alito, in a court filing Friday, said the argument for him to recuse was 'unsound' and that there was 'no valid reason' for him not to participate in the case. 'When Mr. Rivkin participated in the interviews and co-authored the articles, he did so as a journalist, not an advocate,' Alito wrote, referring to David B. Rivkin, the opinion journalist in question who is representing one of the parties in the tax case.... Alito on Friday contended that Illinois Sen. Dick Durbin, the Senate Judiciary Chairman who led the calls for Alito to sit out in the case, was apparently pushing a theory for recusal that 'fundamentally misunderstands the circumstances under which Supreme Court Justices must work.'" MB: I don't know why all you little people can't see that Sam is the reincarnation of Caesar's wife. (Also linked yesterday.)

Marie: Excellent commentary in yesterday's thread, particularly in regard to the Supreme's ruling on the poor, mistreated praying football coach (well, one-time football coach). Also see Patrick's commentary on Donald the Sun King; it turns out Trump & Louis have more in common than their affinity for the rococo.

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California. Paul Kane & Amy Wang of the Washington Post: "Former House speaker Nancy Pelosi (D-Calif.) announced Friday that she will run for reelection in 2024 for her San Francisco-area House seat, ending speculation about her political future after she decided last year she would step down as the leader of the House Democratic caucus." (Also linked yesterday.)

Texas. So Much for Minimally Humane Treatment. Zoe Richards of NBC News: "A federal appeals court Thursday put on hold a judge's order from earlier this week requiring Texas Gov. Greg Abbott to remove a floating barrier from the middle of the Rio Grande. The 5th Circuit U.S. Court of Appeals allowed Abbott, a Republican, to leave in place for now the 1,000-foot barrier the state installed to deter illegal migrant crossings. The order was issued by a three-judge panel of two Democratic appointees and a Republican appointee." (Also linked yesterday.)

My name is Yon Yonson,
I come from Wisconsin,
We have no democracy there. ~~~

~~~ ** Wisconsin. Jamelle Bouie of the New York Times: "No matter how much Wisconsin voters might want to elect a Democratic Legislature, the Republican gerrymander won't allow them to. The gerrymandering alone undermines Wisconsin's status as a democracy. If a majority of the people cannot, under any realistic circumstances, elect a legislative majority of their choosing, then it's hard to say whether they actually govern themselves.... In 2018, for example, Wisconsin voters put Tony Evers, a Democrat, in the governor's mansion, sweeping the incumbent, Scott Walker [R], out of office. Almost immediately, Wisconsin Republicans introduced legislation to weaken the state's executive branch....

"Earlier this year, Wisconsin voters ... elect[ed] Janet Protasiewicz, a liberal Milwaukee county judge, to the State Supreme Court.... Wisconsin Republicans can't strip a judicial officer of her power. But they can remove her, which is what they intend to do. [Further, they plan to make it impossible for Evers to appoint a replacement.]... It's that breathtaking contempt for the people of Wisconsin -- who have voted, since 2018, for a more liberal State Legislature and a more liberal State Supreme Court and a more liberal governor, with the full powers of his office available to him -- that makes the Wisconsin Republican Party the most openly authoritarian in the country.... In the absence of national regulation -- and against the backdrop of a federal Supreme Court that is, at best, apathetic on issues of voting rights -- states are as liable to become laboratories of autocracy as they are to serve as laboratories of democracy."

News Lede

The New York Times is liveblogging developments in Morocco following a deadly earthquake: "As dawn broke over Morocco on Saturday, a frantic effort was taking shape over mountainous terrain to rescue survivors of a powerful earthquake that had struck about 50 miles from the city of Marrakesh late Friday, killing at least 632 people. Morocco's Interior Ministry said early Saturday that the victims had died after the quake struck in the High Atlas Mountains shortly after 11 p.m. and that at least 329 others had been transported to hospitals with injuries."