The Conversation -- August 13, 2023

David Goodman & Edgar Sandoval of the New York Times: "A 3-year-old child died while traveling on a bus chartered by the state of Texas as it transported asylum seekers from the border city of Brownsville to Chicago as part of Gov. Greg Abbott's program to send migrants from Texas to Democratic-run cities in other states, officials said."

Zachary Cohen & Sara Murray of CNN: "Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia are in possession of text messages and emails directly connecting members of Donald Trump's legal team to the early January 2021 voting system breach in Coffee County, sources tell CNN.... New evidence has slowly been uncovered about the role of Trump's attorneys, the operatives they hired and how the breach, as well as others like it in other key states, factored into broader plans for overturning the election.... Last year, a former Trump official testified under oath to the House January 6 select committee that plans to access voting systems in Georgia were discussed in meetings at the White House, including during an Oval Office meeting on December 18, 2020,  that included Trump.... The messages and documents appear to link [Rudy] Giuliani to the Coffee County breach, while shedding light on another channel of communication between pro-Trump attorneys and the battleground state operatives who worked together to provide unauthorized individuals access to sensitive voting equipment."

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Trump Crime Blotter

Sara Murray, et al., of CNN: "An Atlanta-area prosecutor has notified at least two witnesses to appear before a grand jury early next week, the most significant indication of her intention to seek indictments in the investigation of how Donald Trump and others tried to overturn the 2020 election in Georgia. Former Georgia Lt. Gov Geoff Duncan, a Republican, said Saturday on CNN that he has been told to appear Tuesday before a Fulton County grand jury to testify about the efforts by Trump and his allies. Independent journalist George Chidi posted on social media later Saturday that he'd been told to appear before the grand jury on Tuesday, too. The upcoming appearances signal that Fulton County District Attorney Fani Willis is moving forward with a grand jury presentation where she's expected to seek charges against more than a dozen people stemming from her investigation into the efforts to overturn the 2020 election." ~~~

     ~~~ Marie: Last week I learned on the teevee that a criminal felon convicted in Georgia has no chance for a pardon before serving his sentence. Saturday I learned on the teevee that Georgia RICO charges, which Fani Willis may bring, have a minimum mandatory sentence of five years. So let's just assume that Trump is found guilty (yeah, I know that's so wrong, but I heard Trump on the phone muscling Brad Raffensperger, and I know Mark Meadows was on the call; ergo, a conspiracy -- so innocent, my ass), and loses his appeals. There are still a lot of "ifs," but I'd say the SOB has a better chance of being fitted for an orange jumpsuit in Georgia than anywhere else. Again, I'll bet the Georgia jails suck.

Giselle Ewing of Politico: "... Donald Trump on Saturday blamed his political enemies for legal fees he's incurred over the course of three recent indictments. Trump's Save America PAC shrank from over $100 million at the beginning of last year to $3.6 million after bankrolling legal fees for the former president and his allies.... 'The Lunatic Left, working closely with Crooked Joe Biden and his corrupt DOJ, is not only focusing on Election Interference, but on getting the Trump Campaign to spend vast amounts of money on legal fees, thereby having less to spend on ads showing that Crooked Joe is the WORST PRESIDENT IN U.S. HISTORY!' Trump wrote Saturday on the way to the Iowa State Fair." ~~~

     ~~~ Marie: Trump is right. If Joe Biden had not beat him by 302 - 232 in the Electoral College & 7MM votes in 2020, Trump and his mob might not have had to break so many laws. It's all Biden's fault.

Jamelle Bouie of the New York Times: "... Richard Hanania [is] a rising star among conservative writers and intellectuals. For years before appearing in the pages of newspapers and publications like this one, Hanania wrote articles for white supremacist publications under a pseudonym.... Hanania no longer writes for those publications.... [But] he still makes explicitly racist statements and arguments, now under his own name.... More interesting than either Hanania ... or his rancid views are his backers." They include Harlan Crow and Silicon Valley billionaires Marc Andreessen, Peter Thiel & David Sacks, a close associate of Elon Musk.

Presidential Race 2024

What Can the Matter Be? Ronnie's So Long at the Fair! Nicholas Nehamas of the New York Times: "It's been said that a bad day at the fair is always better than a good day at work. For Gov. Ron DeSantis of Florida, those two ideas collided on Saturday in Iowa.... Ahead of the Florida governor's appearance with Gov. Kim Reynolds of Iowa at a "fair-side chat," a plane flew overhead with a banner that read 'Be likable, Ron!'... The joke was a reference to advice given to Mr. DeSantis before a 2018 debate during his first run for Florida governor. Then, during the interview, a small group of liberal protesters with cowbells and whistles sought to interrupt the conversation with Ms. Reynolds.... Mr. DeSantis was trailed for much of the day by Trump supporters with placards trumpeting Mr. Trump as a 'back-to-back Iowa champ' in 2016 and 2020. Mr. Trump ... did not win the 2016 Iowa caucuses.... He never conceded defeat.... As Mr. DeSantis finished flipping pork chops [at the fair], [Donald] Trump's plane appeared overhead, circling the fairgrounds ... and prompting chants of 'We love Trump' from supporters in the crowd.... [Some fairgoers] jeered him with cries of 'Loser!' 'Fascist!' or 'DeSanctimonious (a favored insult of Mr. Trump's), which Mr. DeSantis ignored. One woman hurled an expletive at him...." A Politico story is here.

Alabama. Eduardo Medina of the New York Times: "A man accused of using a chair to attack others during a brawl in Montgomery, Ala., last weekend turned himself in to the police on Friday, the authorities said, becoming the fifth person charged in a fight that captured national attention largely because of the racial overtones."

     ~~~ Marie: Here's the story behind the brawl, according to the Times article: "The altercation began at [Mongomery]'s popular Riverfront Park after a pontoon boat docked in a space designated for the Harriott II, a riverboat cruise that was returning from a trip on the Alabama River. For 45 minutes, the captain of the Harriott II instructed the pontoon boat via the public announcement system to move out of the way, to no avail. Instead, the white boaters responded with gestures, cursing and taunting, the police said." The dock appears to be in the heart of a major city. The jerks in the pontoon boat seemed to be docked in a spot reserved for the riverboat. So why is it that in 45 minutes, the riverboat captain didn't call the police? Something is wrong with this picture.

Kansas. Freedom of the Press? Nah. Noah Lanard of Mother Jones: "Local law enforcement in Marion, Kansas, seized cell phones, computers, and other material from the office of the Marion County Record, its reporters, and the home of its publisher, according to reporting from the Kansas Reflector, a nonprofit newsroom. Eric Meyer, the Record's publisher and owner, said the raid came after an anonymous source leaked information about a local restaurant owner to the paper.... All five officers from the city police force, along with two sheriff's deputies, took 'everything we have,' Meyer said. According to the Reflector, the search may have violated federal protections for journalists: 'The search warrant, signed by Marion County District Court Magistrate Judge Laura Viar, appears to violate federal law that provides protections against searching and seizing materials from journalists.'" Weirdly, law enforcement seized the paper's assets -- including ads & legal notices meant to be published this week -- because of a story the paper did not publish because the editor had concerns about the source.

Wisconsin. How to Neuter (and Remove) an Elected Supreme Court Justice. Daily Kos: "... when liberal Judge Janet Protasiewicz trounced her conservative opponent in the state Supreme Court election in April, it was a big win -- not just for those who care about reestablishing their reproductive rights, but for anyone who genuinely cares about representative democracy.... Fair legislative maps looked achievable for the first time in more than a decade.... On Friday, Assembly Speaker Robin Vos [R] hinted that impeachment could be on the table if Protasiewicz votes to disrupt the GOP's plans for a permanent white minority rule [in Wisconsin].... As The Journal Sentinel points out, Republicans now have the power to hold impeachment trials after having attained a supermajority in the state Senate -- largely thanks to gerrymandered maps. And if they do, they could theoretically sideline Protasiewicz in order to protect those same maps." MB: This story is poorly-written, but the Journal Sentinel story is firewalled, so this is the best I can access.

Marie: Here's something to cheer you up. Or bring you to tears. Thanks to RAS for the link. See also dog stories at the end of yesterday's thread.

News Lede

AP: "As the death toll from a wildfire that razed a historic Maui town reached 93, authorities warned Saturday that the effort to find and identify the dead was still in its early stages. It's already the deadliest U.S. wildfire for over a century.Crews with cadaver dogs have covered just 3% of the search area, Maui Police Chief John Pelletier said." New York Times live updates are here.

The Conversation -- August 12, 2023

All the AG's Special Counsels. Herein are linked stories about three -- count 'em, three -- special counsels. Hunter Biden should be proud, I guess. As far as I can tell, he is the only private citizen to get his very own special counsel; all the other special counsels have been appointed to investigate some form of public corruption or wrongdoing.

Perry Stein & David Nakamura of the Washington Post: "Attorney General Merrick Garland on Friday appointed U.S. Attorney David Weiss of Delaware as special counsel in the ongoing investigation into Hunter Biden's tax case, a move that appeared aimed at rebutting Republican criticism that the process had been politicized. Garland made the surprise announcement during a midday news conference.... The appointment of Weiss, an appointee of former president Donald Trump who began the investigation of President Biden's son in 2018 and has continued to lead the prosecution under Garland, would give him broad authority and, presumably, distance the attorney general from some key decisions in the case. Justice officials said Weiss requested to be named as special counsel on Tuesday, and Garland agreed. Weiss will hold this position while he continues to serve as U.S. attorney in Delaware, Garland said." The NBC News story is here. (Also linked yesterday.) ~~~

     ~~~ Glenn Thrush, et al., of the New York Times: "The move raised the possibility that [Hunter] Biden could be tried in the politically charged case, which seemed resolved until a few weeks ago.... Prosecutors for [David] Weiss's office also filed court papers on Friday indicating that they had reached an impasse with Mr. Biden's lawyers over the proposed plea deal, suggesting that he might now be indicted. Up until a few days ago, the two sides had still been hoping to salvage the deal, but that effort snagged on Mr. Biden's demand for blanket immunity from future prosecution." ~~~

     ~~~ Andrew Goudsward of Reuters: "... Hunter Biden may be headed for a criminal trial, U.S. Special Counsel David Weiss said shortly after promotion into that role on Friday, in a sign that courtroom drama could play an outsized role in the 2024 presidential election." ~~~

     ~~~ Marie: Appointing a special counsel seems excessive to me, but reasonable, given House Republicans' demands for the appointment of a special counsel, their cries of "conspiracy!" and their Keystone Cops-style "investigations" of Everything Hunter. Let's see how well it worked: ~~~

     ~~~ From the New York Times liveblog in developments of the Hunter Biden case: "Representative James Comer, the oversight committee chairman in the House..., sees the appointment of a special counsel as a way to protect the president's son. 'This move by Attorney General Garland is part of the Justice Department's efforts to attempt a Biden family coverup,' he said in a statement." (Also linked yesterday.) ~~~

     ~~~ Scott Wong & Kate Santaliz of NBC News: "House Judiciary Committee Chairman Jim Jordan, R-Ohio, had previously called on Garland to name a special counsel in the case. But on Friday, Jordan's team also took aim at [David] Weiss, who was nominated by ... Donald Trump to serve as U.S. attorney in Delaware and stayed on under President Joe Biden.... 'David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption,' said Jordan spokesman Russell Dye." MB: In case it never dawned on you (ha ha) that nothing will satisfy, here's the proof: (1) Jordan whines that Garland must appoint special counsel; (2) Garland appoints special counsel nominated by Donald Trump; (3) Jordan whines that Trump-nominated, Garland-appointed special counsel cannot be trusted. (Also linked yesterday.)

Monica Alba & Carol Lee of NBC News: "Attorneys for President Joe Biden and the special counsel appointed to investigate his handling of classified documents have been negotiating for about a month over the terms under which he would be interviewed, two people familiar with the matter said. Discussions between Biden's lawyers and special counsel Robert Hur's office are focused on how, when and where the interview might take place, as well as the scope of the questions, these people said. They stressed that the negotiations are ongoing and that no agreement has been reached." (Also linked yesterday.)

Trump Crime Blotter

I see the possibility for a lot of problems here. -- Judge Tanya Chutkan, on Donald Trump's potential of intimidating witnesses & influencing jurors ~~~

~~~ Glenn Thrush & Alan Feuer of the New York Times: "The federal judge overseeing ... Donald J. Trump's prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses -- and warned Mr. Trump she would take necessary 'measures' to keep him from intimidating witnesses or tainting potential jurors. The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump's case, a typically routine step in criminal matters. Judge Chutkan said she planned to impose the order but agreed to a modification requested by the Trump legal team that it apply only to 'sensitive' materials and not all evidence turned over to the defense.

"She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, 'If you go after me, I'm coming after you!' -- a statement his spokesman later said was aimed at political opponents and not at people involved in the case. 'I do want to issue a general word of caution -- I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,' she said, could be considered an attempt to 'intimidate witnesses or prejudice potential jurors,' triggering the court to take action.... Judge Chutkan ... made it clear -- within minutes of ascending the bench -- that she intended to view Mr. Trump primarily as a defendant rather than a political figure, and suggested she sided with the government's push for a speedy trial.... The judge described Mr. Trump's candidacy as 'a day job,' like [any other] defendant." The CBS News report is here. Politico's story is here. (Also linked yesterday.) ~~~

     ~~~ She Was Not Amused. Brad Reed of the Raw Story: "The Independent's Andrew Feinberg reports that [Judge Tanya] Chutkan repeatedly emphasized to Trump lawyer John Lauro that 'the existence of a political campaign is not going to have any bearing on my decision.'... According to Feinberg, Lauro brought up the 2024 campaign multiple times on Friday's hearing to determine whether Trump will be hit with a protective order on what information he can share publicly ahead of his trial. 'Judge not amused,' commented Feinberg." ~~~

     ~~~ A copy of the protective order, via NBC News, is here. (Also linked yesterday.) ~~~

     ~~~ Marie: It took less than 24 hours for Trump to defy a magistrate judge's order that imposed restrictions on him. Let's see how long it takes him to try a stunt to cross Chutkan.

Amy Wang & Patrick Marley of the Washington Post: "Michigan state Rep. Matt Maddock (R) warned supporters at a recent fundraiser at his home that a 'civil war' would break out or that people would get shot if the government continued to target conservatives, according to audio of the event obtained by the Messenger, which first reported the remarks. Maddock, whose wife was one of 16 'fake electors' charged with felony crimes in Michigan last month..., [made the remarks at a] 'Free The 16 Electors Poolside Party!' -- was held at the Maddocks' home to raise legal defense funds for the fake electors, according to a copy of the invitation.... 'Someone's going to get so pissed off, they're going to shoot someone,' Maddock [said], according to the recording.... [Matt] Maddock compared prosecuting Trump electors to Nazis' attempts to subdue Jewish people before leading them into gas chambers during the Holocaust.... You are going to shut the eff up and you are going to walk into that gas chamber. That's what they want, because that's what's coming for us.'" ~~~

     ~~~ Marie: I've got news for these posh-looking, pink-hued, whiney rebels without a clue: (allegedly!) making false claims in an effort to overturn a presidential election, then facing prosecution & possible jail time for committing the crime, is not even minimally equivalent to being abused, starved, tortured & murdered because of your religion or ethnicity. The gall of these entitled leeches holding a pool party-fundraiser to compare themselves to Holocaust victims is beyond the pale.

A Warning for the Trumpster. David Yaffe-Bellany & Matthew Goldstein of the New York Times: "Sam Bankman-Fried, the founder of the collapsed cryptocurrency exchange FTX, was sent to jail on Friday after a federal judge in New York revoked his bail, accusing him of trying to influence witnesses who are poised to testify against him at a widely anticipated trial in less than two months. Mr. Bankman-Fried, 31, had been under house arrest at his parents' home in Palo Alto, Calif., since he was arrested in December on fraud charges stemming from FTX's implosion. But at a hearing on Friday, Judge Lewis A. Kaplan of Federal District Court in Manhattan said that arrangement would have to end, after prosecutors argued that Mr. Bankman-Fried had twice tried to interfere with witnesses in the case, including by giving documents to reporters." The AP story is here.

Presidential Race 2024

Candidate for American Dictator Bars Press from Campaign Event. Ty Rushing of the Starting Line: "Gov. Ron DeSantis' campaign team today contacted law enforcement in an attempt to prohibit Iowa Starting Line reporters from covering his campaign in the Hawkeye State, according to Shelby County Sheriff's deputies. Two reporters -- including Starting Line's Chief Political Correspondent Ty Rushing -- were greeted by multiple sheriff's deputies at the entrance of the American Legion in Harlan on Friday afternoon, where DeSantis was making his second campaign stop of the day.... No other media outlets were excluded from the event. After speaking to a crowd inside, DeSantis answered questions from other reporters on the front lawn, where Starting Line was also prohibited from participating. Deputies stood guard on the sidewalk throughout the event." ~~~

     ~~~ Marie: Gosh, maybe I've figured out why DeSantis prohibited Rushing from his event. In video Rushing posted, he appears to be Black. It's an anti-woke thang. As Judge Chutkan said Friday morning, Freedom of the press is not absolute. And for DeSantolini, it's absolutely not for Black reporters. ~~~

~~~ By Contrast, These Two Nice White Ladies Got to Curtail a DeSantis Event Friday. Natalie Allison of Politico: "Chanting 'Ron DeFascist' and 'pudding fingers' on a megaphone while ringing cowbells, two protesters effectively cut short the Florida governor's first campaign stop of the day at a large roadside rock painted for war veterans.... At the DeSantis event, Kara Ryan of Des Moines said she and her aunt, Heather Ryan, were there on behalf of a political action committee called 'Bitches Get Stuff Done,' that supports abortion rights." MB: Have to admit this demonstration is kinda crass, but nothing in the league of the damage Ron has done. Also, interesting to note that it takes only two bitches to heckling the stuffing out of Gov. Mouseturd; a more skilled politician would know how to get the hecklers to STFU. (Also linked yesterday.) MB: I suppose freedom of white assembly still stands. For now.

Illinois. Nadine El-Bawab of ABC News: "The Illinois State Supreme Court found a strict assault weapons ban passed after the Highland Park shooting to be constitutional in a ruling issued Friday. The ruling came in response to a lawsuit that claimed that the ban violated the equal protections clause of the 14th Amendment to the U.S. Constitution. The court reversed a lower court finding and said that the law does not violate the equal protections clause. However, the Supreme Court did not comment on claims that the law also violated the Second Amendment."

Texas. Gideon Rubin of the Raw Story: "Former Donald Trump physician and current Rep. Ronny Jackson (R-Texas) threatened a state trooper amid an altercation with authorities at a rodeo last month, The Dallas Morning News reports, citing a sheriff's incident report. Jackson threatened to beat the state trooper and 'bury' a West Texas sheriff in the next election after deputies pushed him to the ground and handcuffed him in the July 29 incident, authorities said according to the report.... Jackson previously said he was trying to help a teenager experiencing a seizure at the time of the incident.... But Carson County Sheriff Tam Terry's report ... [described] the retired rear admiral as being confrontational and uncooperative during the incident. Deputies asked Jackson to step back at least four times before detaining him so emergency responders could render aid to the girl, the report said. Chief Deputy Sheriff JC Blackburn said Jackson continued 'screaming profanity about the trooper' even after being released from handcuffs...." ~~~

     ~~~ Marie: On paper, Rep. Ronny is about as solid a citizen as you'll find: a doctor to presidents, a Congressman, a former Navy flag officer. However, given his pattern of bad behavior, one is inclined to suspect that Rep. Ronny was just angry that the troopers & paramedics had prevented him from getting his picture in the paper as a local hero who had saved a damsel in distress.

News Lede

Washington Post: "Nearly 72 hours after flames began to race through this historic Maui town, killing at least 67 people, the magnitude of the tragedy remained unclear Friday amid spotty communication and few official updates. Hundreds of people remained unaccounted for, and rumors swirled about the death toll and the cause of the wildfires, the worst in Hawaii's history. Frustration with the government response deepened as the state emergency services agency confirmed that it had not activated warning sirens as the fire advanced, though it said alerts were sent via mobile phones, television and other channels."

The Conversation -- August 11, 2023

Perry Stein & David Nakamura of the Washington Post: "Attorney General Merrick Garland on Friday appointed U.S. Attorney David Weiss of Delaware as special counsel in the ongoing investigation into Hunter Biden's tax case, a move that appeared aimed at rebutting Republican criticism that the process had been politicized. Garland made the surprise announcement during a midday news conference at Justice Department headquarters in Washington. The appointment of Weiss, an appointee of former president Donald Trump who began the investigation of President Biden's son in 2018 and has continued to lead the prosecution under Garland, would give him broad authority and, presumably, distance the attorney general from some key decisions in the case. Justice officials said Weiss requested to be named as special counsel on Tuesday, and Garland agreed. Weiss will hold this position while he continues to serve as U.S. attorney in Delaware, Garland said." The NBC News story is here. ~~~

     ~~~ Marie: Seems excessive to me, but reasonable, given House Republicans' cries of "conspiracy!" and Keystone Cops-style "investigations" of Everything Hunter. Let's see how well it worked: ~~~

     ~~~ From the New York Times liveblog in developments of the Hunter Biden case: "Representative James Comer, the oversight committee chairman in the House..., sees the appointment of a special counsel as a way to protect the president's son. 'This move by Attorney General Garland is part of the Justice Department's efforts to attempt a Biden family coverup,' he said in a statement." ~~~

     ~~~ Scott Wong & Kate Santaliz of NBC News: "House Judiciary Committee Chairman Jim Jordan, R-Ohio, had previously called on Garland to name a special counsel in the case. But on Friday, Jordan's team also took aim at [David] Weiss, who was nominated by ... Donald Trump to serve as U.S. attorney in Delaware and stayed on under President Joe Biden.... 'David Weiss can't be trusted and this is just a new way to whitewash the Biden family's corruption,' said Jordan spokesman Russell Dye." MB: In case it never dawned on you (ha ha) that nothing will satisfy, here's the proof: (1) Jordan whines that Garland must appoint special counsel; (2) Garland appoints special counsel nominated by Donald Trump; (3) Jordan whines that Trump-nominated, Garland-appointed special counsel cannot be trusted.

Monica Alba & Carol Lee of NBC News: "Attorneys for President Joe Biden and the special counsel appointed to investigate his handling of classified documents have been negotiating for about a month over the terms under which he would be interviewed, two people familiar with the matter said. Discussions between Biden's lawyers and special counsel Robert Hur's office are focused on how, when and where the interview might take place, as well as the scope of the questions, these people said. They stressed that the negotiations are ongoing and that no agreement has been reached."

I see the possibility for a lot of problems here. -- Judge Tanya Chutkan, on Donald Trump's potential of intimidating witnesses & influencing jurors ~~~

~~~ Glenn Thrush & Alan Feuer of the New York Times: "The federal judge overseeing ... Donald J. Trump's prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses -- and warned Mr. Trump she would take necessary 'measures' to keep him from intimidating witnesses or tainting potential jurors. The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump's case, a typically routine step in criminal matters. Judge Chutkan said she planned to impose the order but agreed to a modification requested by the Trump legal team that it apply only to 'sensitive' materials and not all evidence turned over to the defense.

“She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, 'If you go after me, I'm coming after you!' -- a statement his spokesman later said was aimed at political opponents and not at people involved in the case. 'I do want to issue a general word of caution -- I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,' she said, could be considered an attempt to 'intimidate witnesses or prejudice potential jurors,' triggering the court to take action.... Judge Chutkan ... made it clear -- within minutes of ascending the bench -- that she intended to view Mr. Trump primarily as a defendant rather than a political figure, and suggested she sided with the government's push for a speedy trial.... The judge described Mr. Trump's candidacy as 'a day job,' like [any other] defendant." The CBS News report is here. Politico's story is here.~~~

     ~~~ A copy of the protective order, via NBC News, is here. ~~~

     ~~~ Marie: It took less than 24 hours for Trump to defy a magistrate judge's order that imposed restrictions on him. Let's see how long it takes him to try a stunt to cross Chutkan. ~~~

Natalie Allison of Politico: "Chanting 'Ron DeFascist' and 'pudding fingers' on a megaphone while ringing cowbells, two protesters effectively cut short the Florida governor's first campaign stop of the day at a large roadside rock painted for war veterans.... At the DeSantis event, Kara Ryan of Des Moines said she and her aunt, Heather Ryan, were there on behalf of a political action committee called 'Bitches Get Stuff Done,' that supports abortion rights."

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Paul McLeary, et al., of Politico: "The Biden administration is asking congressional leaders for about $40 billion in new emergency spending, a request that's sure to intensify this fall's already arduous government funding fight. The cash that President Joe Biden requested formally on Thursday includes more than $24 billion in aid to Ukraine, $12 billion to replenish a dwindling pot of federal disaster relief and $4 billion to address issues at the southern border, like shelter and services for migrants and counter-fentanyl efforts." If you wanna know the real reason President Biden needs so much money for Ukraine, see Phillip Nieto's post, linked under "Presidential Race 2024."

Farnaz Fassihi & Michael Shear of the New York Times: "The United States and Iran have reached an agreement to win the freedom of five imprisoned Americans in exchange for several jailed Iranians and the unfreezing of about $6 billion in Iranian oil revenue, according to several people familiar with the deal. As a first step in the agreement, which comes after more than two years of quiet negotiations, Iran has released into house arrest five Iranian American dual citizens, according to the lawyer for one of the prisoners." (Also linked yesterday.)

** Mr. Potato Head, Fake Senator. Glenn Kessler of the Washington Post: Sen. Tommy Tuberville (R-Ala.) does not live in Alabama. Property records, campaign finance statements, a promotional video Mr. Potato Head cut for ESPN in 2017, and his own statement during his campaign for Senate declaring himself a "carpetbagger," show that he lives now and has lived for decades in a $3 million, 4,000-sq-ft. home in Santa Rosa Beach, Florida, a town in the Florida panhandle. He owns no legal residence in Alabama. "Under the U.S. Constitution, senators are required to be 'an inhabitant' of the state when elected, so residency requirements can be minimal." (Also linked yesterday.) ~~~

     ~~~ Marie: Kessler doesn't address Florida tax records, but it would be interesting to check property tax records. Florida's "Save Our Homes" tax law is extremely favorable to state residents, as it limits the amount property taxes can be raised each to three percent of the current tax, while taxes on non-residents can increase to the assessed valuation of the property every year. On a $3MM house, that means thousands of dollars in tax savings each year. It is necessary to swear to Florida residency every year, and provide other proofs -- like voting in Florida and registering your vehicles in Florida. If Tuberville declared Florida residency to receive this tax break, he's burnt potato. Florida property tax records are public.

Maggie Astor of the New York Times: "Senator Joe Manchin III, Democrat of West Virginia, told a local news station on Thursday that he 'would think very seriously' about leaving the Democratic Party and becoming an independent." (Also linked yesterday.)

Trump Crime Family News

Happy New Year, Donald! Alan Feuer of the New York Times: "The prosecutors overseeing the indictment of ... Donald J. Trump on charges of conspiring to overturn the 2020 election asked a judge on Thursday to set a trial date in the case for early January, laying out an aggressive schedule for the proceeding. In a motion filed to Judge Tanya S. Chutkan, who is presiding over the case in Federal District Court in Washington, the prosecutors said they were ready not only to go to trial on Jan. 2, but were also poised to give Mr. Trump's lawyers the bulk of their discovery evidence in the next two weeks or so. The prosecutors further proposed that Mr. Trump's lawyers submit their first pretrial motions in not much more than a month." (Also linked yesterday.)

Charlie Savage of the New York Times: "... Donald J. Trump and a longtime aide, Walt Nauta, pleaded not guilty on Thursday to additional criminal charges in the case accusing Mr. Trump of illegally holding on to secret national security documents after leaving office and conspiring to obstruct the government's efforts to retrieve them. The plea for Mr. Trump, who did not appear at the federal courthouse in Fort Pierce, Fla., was entered by one of his lawyers.... Carlos De Oliveira ... [who] was accused of conspiring to delete the security footage ... appeared at the hearing, though [his] arraignment was delayed until he finds local representation.... The magistrate judge, Shaniek Mills Maynard, scheduled Mr. De Oliveira's arraignment for 10 a.m. on Tuesday, rejecting a suggestion that it be postponed until Aug. 25." CNN's report is here. (Also linked yesterday.)

Marie: Re: Trump's motion to have a SCIF placed on his Mar-a-Lago property, Joyce Vance said on MSNBC Thursday that the Court (that would be Judge Cannon) has no authority to tell the intelligence community where to locate SCIFs, much less to order the government to pay for construction and 24-hour security for the SCIF.

Adam Liptak of the New York Times: "Two prominent conservative law professors have concluded that Donald J. Trump is ineligible to be president under a provision of the Constitution that bars people who have engaged in an insurrection from holding government office. The professors are active members of the Federalist Society, the conservative legal group, and proponents of originalism, the method of interpretation that seeks to determine the Constitution's original meaning. The professors -- William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas -- studied the question for more than a year and detailed their findings in a long article to be published next year in The University of Pennsylvania Law Review.... [Baude] summarized the article's conclusion: 'Donald Trump cannot be president -- cannot run for president, cannot become president, cannot hold office -- unless two-thirds of Congress decides to grant him amnesty for his conduct on Jan. 6.'

"The provision in question is Section 3 of the 14th Amendment. Adopted after the Civil War, it bars those who had taken an oath 'to support the Constitution of the United States' from holding office if they then 'shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.' Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each House.... The [professors'] article concluded that ... 'The bottom line is that Donald Trump both "engaged in" "insurrection or rebellion" and gave "aid or comfort" to others engaging in such conduct, within the original meaning of those terms as employed in Section 3 of the 14th Amendment."

     ~~~ Marie: If January 6, 2021, was the worst day in modern American history, just wait for December 17, 2024, and January 6, 2025. Election law expert Rick Hasen said on MSNBC that if Donald Trump should be the apparent winner of the 2024 presidential race, Democrats well might rise up and oppose the slates of Electors of every state in which he won the popular vote because, under the Constitution, he is not eligible to hold public office.

Susie Madrak of Crooks & Liars: "Frank Figliuzzi, who was a former assistant director for counterintelligence at the FBI, talked about the possibility that Trump would have to repay his donors for money collected under false pretenses. Via Newsweek: 'This isn't over yet. When you raise millions based on a fraudulent claim, you've committed a crime. And, you just might have to give those millions back,' Figliuzzi wrote." Madrak characterizes this as the worst possible outcome for Trump among his many legal perils. MB: I still think the worst possible outcome is Trump's getting convicted & sentenced to jail in Georgia, then losing all his appeals. And an elderly fat guy with 24-hour Secret Service protection might have a hard time absconding to Saudi Arabia before the cuffs are snapped shut.

This Is a Surprise. Dan Mangan of CNBC: "The social media company owned by ... Donald Trump in March tipped off the FBI about threats made by a Utah man who was fatally shot Wednesday by FBI agents as they attempted to arrest him for threatening to kill President Joe Biden, NBC News reported. Truth Social notified the FBI after Craig Deleeuw Robertson posted a threat to kill Manhattan District Attorney Alvin Bragg Jr., according to a senior law enforcement official...."

Trump Aide Follows Trump's "Grab 'em by the Pussy" Style. Ryan Randazzo of the Arizona Republic: "A woman says Boris Epshteyn, a special adviser to Donald Trump, repeatedly groped her and her sister inside a Scottsdale nightclub in 2021, according to police body camera footage obtained by The Arizona Republic.... 'Touching her chest, touching her hips, touching her crotch,' the woman told police just before police ordered Epshteyn ... to sit on a nearby curb that was strewn with chewing gum and cigarette butts. Epshteyn was charged with 'assault touching,' 'attempted sexual abuse,' 'harassment-repeated acts' and 'disorderly conduct-disruptive behavior or fighting.' The first three charges were dismissed, but Epshteyn pleaded guilty in Scottsdale City Court to disorderly conduct and served probation. The conviction was set aside by the court in January 2023." (Also linked yesterday.) ~~~

     ~~~ Oh, Lordy, there's a tape. Mediaite has body-cam footage of Boris' arrest. For some reason, Boris really objected to sitting down on the curb, as the police ordered him to do.

Martin Pengelly of the Guardian: "Conservative US supreme court justice Clarence Thomas has been condemned for maintaining 'unprecedented' and 'shameless' links to rightwing benefactors, after ProPublica published new details of his acceptance of undeclared gifts including 38 vacations and expensive sports tickets." Pramila Jayapal, a Washington state Democrat and chair of the Congressional Progressive Caucus, rendered an especially damning verdict. 'Unprecedented. Stunning. Disgusting. The height of hypocrisy to wear the robes of a [supreme court justice] and take undisclosed gifts from billionaires who benefit from your decisions. 38 free vacations. Yachts. Luxury mansions. Skyboxes at events. Resign,' she posted. From the Senate, Dick Durbin of Illinois, the Democratic judiciary committee chair, said: 'The latest ... revelation of unreported lavish gifts to Justice Clarence Thomas makes it clear: these are not merely ethical lapses. This is a shameless lifestyle underwritten for years by a gaggle of fawning billionaires.'"

Presidential Race 2024

Phillip Nieto of Mediaite: "CNN Anchor John King told colleague Dana Bash that speaking to Iowa Republican voters about their opposition to Ukraine was like watching of 'an old Tucker Carlson show.' King sat down with GOP voters in The Hawkeye State and asked them to raise their hands if they support Ukraine in the fight against Vladimir Putin. None of the voters at the table raised their hands. Throughout their conversation with King, the Iowa Republicans claimed they believe the reason the United States and other NATO countries are giving so much support to Ukraine is to cover up Hunter Biden's alleged corruption." MB: The only reason I support Ukraine sovereignty is to keep President Zelensky from spilling the Burisma beans. Those Republican voters really know how to connect the dots: billions in support of Ukraine ... Hunter Biden!

Alabama. Remy Tumin of the New York Times: "Four people have turned themselves in to the police and have been charged with assault in connection with a brawl that broke out along the waterfront in Montgomery, Ala., last weekend, officials said, as the investigation into the racially charged melee continues. The arrests came days after a group of white boaters attacked a Black riverboat cruise captain on Saturday. Warrants for three of the boaters were issued on Tuesday, and the Montgomery police had asked them during a news conference to come forward."

Florida. Chris Geidner, the Law Dork: Ron "DeSantis is implementing the imperial presidency, writ small.... Ron DeSantis ... does not think that local voters' choices need to be respected -- and can be outright ignored -- if their votes result in the election of officeholders whose policy preferences differ from those of Ron DeSantis. On Wednesday, DeSantis made that clear by, for a second time, ignoring the will of the voters and suspending an elected prosecutor from office because he disagrees with their policy choices.... Between the two suspensions, DeSantis has rendered 3.3 million Floridians without their elected choice of prosecutor.... Ron DeSantis does not believe in democracy...."

Marie: This relates to a Comments exchange. It turns out I'm not the only one who can picture DeSantis in a Mickey Mouse cap:

News Lede

AP: "Maui residents who made desperate escapes from oncoming flames, some on foot, asked why Hawaii's famous emergency warning system didn't alert them as fires raced toward their homes. Hawaii emergency management records show no indication that warning sirens were triggered before a devastating wildfire killed at least 55 people and wiped out a historic town, officials confirmed Thursday. Hawaii boasts what the state describes as the largest integrated outdoor all-hazard public safety warning system in the world, with about 400 sirens positioned across the island chain to alert people to various natural disasters and other threats. But many of Lahaina's survivors said in interviews at evacuation centers that they didn't hear any sirens and only realized they were in danger when they saw flames or heard explosions nearby.' ~~~

     ~~~ The AP's live updates are here. The New York Times' live updates are here.