The Conversation -- August 10, 2023

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."

** 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." ~~~

     ~~~ Marie: Kessler doesn't address Florida tax records, but it would be interesting to check property tax records. Florida 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."

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."

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.

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.

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, wearing shorts, sandals and a collared shirt, 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."

~~~~~~~~~~

Zolan Kanno-Youngs of the New York Times: "President Biden on Wednesday entered a wind tower manufacturing plant surrounded by desert boasting of declining unemployment, waning inflation and a manufacturing boom -- all metrics that should make his three-state Southwest tour a victory lap. 'Our plan is working,' Mr. Biden said, referring to his economic agenda. 'When I think climate, I think jobs.' But hours before he entered Belen, [New Mexico,] the president reflected on the challenge hanging over the White House during his tour of Arizona, New Mexico and Utah. Even as he traverses the country to promote his economic policies, many voters are still skeptical of -- or unclear on -- Mr. Biden's legislative record.... Noting recent infrastructure projects funded by his policies, Mr. Biden said [during a fundraiser in Albuquerque]: "They're beginning to realize what we actually passed is having an impact. It's just going to take a little while."

Yan Zhuang of the New York Times: "It was among the most traumatic days in the F.B.I.'s history: On Feb. 2, 2021, two agents were killed when a suspect in a child abuse case opened fire on them as they tried to search his Florida apartment. This week, the bureau announced the outcome of the investigation the agents were part of -- which had grown into an international operation following their deaths -- saying it had resulted in 98 arrests and 45 convictions of members of an online pedophile ring in the United States and Australia." (Also linked yesterday.)

House GOP Plans Fact-free Impeachment. Annie Grayer of CNN: "House Oversight Republicans laid out their intention to accuse President Joe Biden of corruption even without direct evidence that he financially benefited from Hunter Biden's foreign business dealings, a clear shift in their strategy that they said was launched to investigate the president. The new strategy is highlighted in a memo released by the committee on Wednesday.... The memo follows the increasing drumbeat from many House Republicans -- and certainly the GOP presidential frontrunner Donald Trump -- to pursue impeachment of the sitting president even without a clear establishment of facts." MB: I found the official GOP Playbook: (1) Claim Biden committed horrible, impeachable offenses. (2) Find nothing. (See addendumb.*) (3) Impeach. *Addendumb: Okay to make a fool of yourself, like finding out your star witness is a Chinese spy.

It's time, Diane, to bid farewell -- just say 'yea' and rest on your laurels. -- P.D. Pepe, in yesterday's Comments ~~~

~~~ Amy Wang of the Washington Post: "Sen. Dianne Feinstein (D-Calif.) was taken to the hospital Tuesday after falling at her home in San Francisco, her office said, and has since returned home. 'Senator Feinstein briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home. All of her scans were clear and she returned home,' Feinstein's office said in a statement." The NBC News report is here. (Also linked yesterday.)

Alan Feuer of the New York Times: "Lawyers for ... Donald J. Trump on Wednesday asked the judge overseeing his prosecution on charges of risking national security secrets if he could discuss the classified discovery evidence in the case in the 'secure facility' that he once used for classified material when he was in office. The request to the federal judge, Aileen M. Cannon, was an attempt to get around a stricter provision contained in a protective order proposed by the government that would require Mr. Trump to discuss and review the classified evidence only in one of the highly secure locations run by the federal courts in Florida." ~~~

     ~~~ Marie: Now isn't that the epitome of chutzpah? Trump has practically admitted to mishandling classified documents so he wants a privilege not afforded any other defendants to mishandle classified documents at his private club. Lawyers appearing on MSNBC were horrified. Joyce Vance said Trump is a security risk, he doesn't have classified clearance, and in no circumstance should be allowed to have access to classified documents at a facility he effectively controls. Andrew Weissmann said that if Cannon grants the defense motion, that would be another of her decisions that prosecutors could cite to have her removed from the case. As for me, I foresee Walt & Carlos creeping down to the SCIF in the dark of night, bolt cutters in hand.

Kyle Cheney of Politico: "Special Counsel Jack Smith obtained a search warrant for Donald Trump's Twitter account, @realDonaldTrump, earlier this year, according to newly revealed court documents. Twitter's initial resistance to complying with the Jan. 17 warrant resulted in a federal judge holding the company, now called X, in contempt and levying a $350,000 fine. A federal court of appeals upheld that fine last month in a sealed opinion. On Wednesday, the court unsealed a redacted version of that opinion, revealing details of the secret battle for the first time." (Also linked yesterday.) ~~~

     ~~~ Alan Feuer of the New York Times: "... the [court] papers indicate that prosecutors got permission from the judge not to tell Mr. Trump for months that they had obtained the warrant for his account. The prosecutors feared that if Mr. Trump learned about the warrant, it 'would seriously jeopardize the ongoing investigation' by giving him 'an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates,' the papers said." (Also linked yesterday.) ~~~

     ~~~ Marie: On the teevee, pundits discussed Trump and his pals "removing the DMs." I didn't know what that meant, so I checked the Googles. "DMs" are "Direct Messages"; that is, tweets between two people that are not visible to others -- and therefore are tweets that prosecutors could not access without a court order.

Matthew Chapman of the Raw Story: "FBI officials 'suppressed' efforts to investigate ... Donald Trump, his associate Rudy Giuliani, and other members of his inner circle, according to a veteran counterintelligence agent, Insider reported on Wednesday. 'The agent ... claims in a 22-page statement that his bosses interfered with his work in "a highly suspicious suppression of investigations and intelligence-gathering" aimed at protecting "certain politically active figures and possibly also FBI agents" who were connected to Russian and Ukrainian oligarchs,' reported Mattathias Schwartz. This included ceasing investigations of Giuliani, and severing contact with sources offering information on corruption in the Trump administration generally. According to the report, this statement was not intended to be made public and was prepared for staff on the Senate Judiciary Committee -- but it was leaked to a Substack last month.... All of this runs contrary to the narrative pushed by Trump, who for years has alleged a conspiracy within the FBI to bring him down...."

Sara Murray, et al., of CNN: "Fulton County District Attorney Fani Willis is expected to seek more than a dozen indictments when she presents her case regarding efforts by Donald Trump and his allies to overturn the 2020 presidential election results in Georgia before a grand jury next week, sources familiar with the matter told CNN. Willis, a Democrat, has been eyeing conspiracy and racketeering charges, which would allow her to bring a case against multiple defendants. Her wide-ranging criminal probe focuses on efforts to pressure election officials, the plot to put forward fake electors and a voting systems breach in rural Coffee County, Georgia.... The witnesses Willis has subpoenaed when she presents her case include former Republican Lt. Gov. Geoff Duncan, former Georgia Democratic state Sen. Jen Jordan and independent journalist George Chidi. All of them previously testified before a special purpose grand jury that was tasked with investigating the Trump case and heard from more than 75 witnesses." ~~~

~~~ How Low Can Trump Go? Tamar Hallerman of the Atlanta Journal-Constitution: "Fulton County District Attorney Fani Willis on Wednesday flatly denied that she had a relationship with a former client and other rumors spread by ... Donald Trump in a new campaign ad. In an email to her colleagues..., Willis called the information in a television spot bankrolled by the Trump campaign 'derogatory and false.' She urged her staff not to respond to any of the allegations.... In the minute-long ad, titled 'The Fraud Squad,' the narrator refers to Willis as 'Biden's newest lackey.'... The most incendiary allegation [in the ad] is that Willis 'got caught hiding a relationship with a gang member she was prosecuting.' It cites as evidence a Jan. 25, 2023, article in Rolling Stone. But the ad gets several facts wrong. The Rolling Stone article is an interview with YSL Mondo, one of Willis' former clients in 2019 when she worked as a defense attorney, and it doesn't make reference to any sort of affair....

Brad Raffensperger, during which he pressured the fellow Republican to 'find' him 11,780 votes and told him he could be legally exposed if he didn't."

     ~~~ ** Marie: Here's some good news: If Donald Trump is convicted of a crime in Georgia and sentenced to jail time, there's no get-out-of-jail card, assuming any appeals fail. There's no chance of a pardon. Lawrence O'Donnell interviewed Gwen Keyes Fleming, former D.A. of DeKalb County, Georgia, and she explained the pardon laws of the state. The governor does not have pardon power, but s/he appoints members of a pardon board, who do. However, the key prerequisites to obtaining a pardon in Georgia are that (1) the applicant for a pardon has served his entire sentence, and (2) has lived five years thereafter, during which time he has been a model citizen (fat chance!).

Marie: Former Bush Assistant AG Jack Goldsmith wrote a New York Times op-ed, published Tuesday, about why prosecuting the Dear Leader was a dangerous mistake. I scanned the piece and thought it was disgusting. Steve M., however, analyzed Goldsmith's garbage "arguments" in a post titled "How to Launder Right-Wing Talking Points." Steve's analysis is well-worth reading because sometimes you forget that gaslighting isn't always as straightforward and obvious as Donald Trump's hectoring projections.

Marie: Videos of Donald Trump's "bullshit" speech in New Hampshire Monday show Trump sweating profusely. While much of the country is sweltering in extraordinary climate-changed-induced high temps, it's been relatively cool in New Hampshire. The high in Windham, N.H., where Trump held his rally Monday, was 80 degrees. It certainly could have been hotter in a crammed auditorium. But in the videos I saw (saw, didn't hear because I put the audio on mute) of the event, the audience did not appear to be sweating, so I doubt it was the 110 degrees Trump claimed it was. So, gosh, maybe there's something wrong with him.

Josh Margolin, et al., of ABC News: "A Utah man was shot and killed during an FBI raid early Wednesday morning, the FBI confirmed to ABC News. The raid was in connection with an investigation into alleged threats against President Joe Biden and others.... [One official] told ABC News that the investigation began in April and the U.S. Secret Service was notified by the FBI in June. In addition to threatening posts, the official said, the man under investigation suggested online he was making plans to take physical action. The threats had been deemed 'credible,' the official said." (Also linked yesterday.) ~~~

     ~~~ Another Trump-inspired Would-be Assassin. Adam Goldman & Jesus Jiménez of the New York Times:"Craig D. Robertson, 75, was also charged with threatening to shoot other elected officials, including Alvin L. Bragg, the Manhattan district attorney, as well as with making threats against law enforcement officials, according to court documents filed a day earlier in U.S. District Court in Salt Lake City.... The three indictments of ... Donald J. Trump have offered fodder for supporters and allies, who have seized on his mounting legal peril to fan a narrative of a Justice Department weaponized against him and bent on derailing the Republican front-runner's campaign to retake the White House.... The complaint [against Robertson] also laid out his history of threats on social media, where he referred to his guns as Democratic eradicators.... Last week, [Robertson] noted on social media that Mr. Biden would be visiting Utah and that he was going to 'dust off' an M24 rifle and get out his old camouflage suit, one typically used by snipers.

"On Sept. 19, 2022, Mr. Robertson wrote on Facebook that 'the time is right for a presidential assassination or two.... First Joe then Kamala,' he wrote. In another message, he declared that he wanted shoot Mr. Bragg in the head and watch him die. The post also mentioned George Soros, the financier and Democratic megadonor, who has been a target of Mr. Trump and Republicans in Congress, and echoed Mr. Trump's attacks on Mr. Bragg and Mr. Soros. Other subjects of Mr. Robertson's threats: Attorney General Merrick B. Garland, whom he described as a Nazi; Gov. Gavin Newsom of California; and Letitia James, the New York attorney general.... Mr. Trump and his supporters have downplayed the notion that his incendiary criticisms of the Justice Department and the F.B.I. are anything other than an expression of legitimate grievances." So another crazy old man is shot dead because Trump. Fortunately, Democratic officials and FBI agents are not. No thanks to Trump.

Joey Cappelletti of the AP: "The mother of a 30-year-old Michigan man who's accused of making death threats against Democratic politicians is now charged with lying when she purchased firearms later found in her son's possession. Threats against public officials have become increasingly common in Michigan in recent years.... The charges unsealed Tuesday against Michelle Berka, 56, come after her son Randall Berka II was arrested in March and charged with illegally possessing guns. Federal prosecutors say he made death threats on social media against the president and governor, as well as people in the LGBTQ community."

Trump Judge Sends Lawyers to Right-wing Re-education Camp. Ruth Marcus of the Washington Post: "Another day, another extremist ruling by another extremist Trump judge, and this decision -- from Texas, no surprise -- is straight out of 'The Handmaid's Tale.' The judge held lawyers for Southwest Airlines in contempt of court for their actions in a religious-discrimination case brought by a former flight attendant and ordered them to undergo 'religious liberty training.' And not just any instruction, but training conducted by the Alliance Defending Freedom (ADF), a conservative group that litigates against same-sex marriage, transgender rights and abortion rights. The issue arises from a lawsuit filed by Charlene Carter, a flight attendant for more than 20 years and a longtime antagonist of the Southwest flight attendants union. In 2017, after union members attended the Women's March under a 'Southwest Airlines Flight Attendants' banner, Carter sent Facebook messages to the union president containing graphic antiabortion messages.... An arbitrator found that Southwest had just cause for the firing. Carter ... sued ... [and] a jury found in her favor.... The case is being appealed."

** Time to Go, Clarence. Brett Murphy & Alex Mierjeski of ProPublica: "During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations aboard their yachts, ushered him into the premium suites at sporting events and sent their private jets to fetch him -- including, on more than one occasion, an entire 737. It's a stream of luxury that is both more extensive and from a wider circle than has been previously understood. Like clockwork, Thomas' leisure activities have been underwritten by benefactors who share the ideology that drives his jurisprudence. Their gifts include: At least 38 destination vacations, including a previously unreported voyage on a yacht around the Bahamas; 26 private jet flights, plus an additional eight by helicopter; a dozen VIP passes to professional and college sporting events, typically perched in the skybox; two stays at luxury resorts in Florida and Jamaica; and one standing invitation to an uber-exclusive golf club overlooking the Atlantic coast....

"While some of the hospitality, such as stays in personal homes, may not have required disclosure, Thomas appears to have violated the law by failing to disclose flights, yacht cruises and expensive sports tickets.... Perhaps even more significant, the pattern exposes consistent violations of judicial norms, experts ... told ProPublica.... Each of these [benefactors] ... appears to have first met Thomas after he ascended to the Supreme Court.... The total value of the undisclosed trips they've given Thomas since 1991, the year he was appointed to the Supreme Court, is difficult to measure. But it's likely in the millions."

Arizona. The Thermometers Are Rigged! Hank Stephenson in Politico Magazine: "When Arizona lawmakers returned to the state Capitol here earlier this month, they started their day with a prayer to ease the scorching heat.... Meanwhile, the air conditioning was out in the state House of Representatives. Heat seeped through the western-facing wall as the state's 60 representatives piled into the squat cinderblock building. Fans set up to cool the hallways were too loud for staff to work, so they were on only intermittently.... With the Arizona GOP taken over by its fringe elements in recent years and largely refusing to acknowledge the issue [of climate-change-induced heat] at all. Democrats, meanwhile, lament that their leaders aren't doing nearly enough to address the heat -- even as heat-related deaths are climbing.... Heat-tolerant Republicans argue that the heat isn't unusual.... Some conservatives suggest thermometers, like past vote counts, are rigged because they're placed at the sun-scorched asphalt airport." (Also linked yesterday.)

Florida. Lori Rozsa & Tim Craig of the Washington Post: "Florida Gov. Ron DeSantis (R) suspended the Orlando-area state attorney Wednesday, saying she was 'clearly and fundamentally derelict' in her duty. DeSantis removed Monique Worrell, a Democrat, from her job as the chief prosecutor for Florida's Ninth Judicial Circuit Court at a brief news conference in Tallahassee. It's the second time in a year that the governor ... suspended an elected Democrat from office.... The action by the governor, who has largely been absent from Florida as he campaigns in early primary states such as Iowa and New Hampshire, came five days after two Orlando police officers were shot and injured during a traffic stop. The suspected shooter was later killed by SWAT officers.... The suspect, Daton Viel, 28, had a long criminal history and had been arrested in March for sexual assault against a child but was released on bond. 'Bond is something that individuals are entitled to as a matter of law. In this case, the court determined that this individual was entitled to bond,' Worrell said at a news conference earlier this week defending her office. 'I don't determine who gets out of jail. All I do is uphold the law.'" Emphasis added. Thanks to Akhilleus for the link. See also his comment in yesterday's thread. The Florida Politics report is here. (Also linked yesterday.) ~~~

Ohio. Campbell Robertson, et al., of the New York Times: "For months, it had been apparent that [Ohio Ballot] Issue 1, advertised as a measure to safeguard the State Constitution from wealthy out-of-state interests, was primarily about blocking an abortion-rights amendment that will be on the November ballot. Supporters of the measure hardly kept this a secret, and campaign donors lined up accordingly: Much of the money in support came from Susan B. Anthony Pro-Life America, a Washington-based anti-abortion advocacy group.... For many Ohioans, this barely concealed political strategizing is what clinched their decision to come out and vote against the measure -- and come out they did, in a turnout that nearly doubled that of last year's primary election for Congress and the governor's office." (Also linked yesterday.)

Texas. Peter Weber of the Week: "Locals and lawmakers have started getting a closer look at wrecking ball-size orange buoys Texas Gov. Greg Abbott (R) had installed -- illegally, Mexico and the federal government say -- along 1,000 feet of the Rio Grande river between Eagle Pass and Piedras Negras, Mexico. The controversial buoys are chained to the shallow bottom of the river with a net of cables, and you can't climb over them because they spin freely. To make sure would-be asylum seekers don't climb between them, Texas Public Radio's David Martin Davies reported after a kayak trip to the barrier, 'there are also serrated metal plates that look like circular saw blades between each buoy.'" Thanks to RAS for the lead. (Also linked yesterday.) This from Rep. Joaquin Castro (D-Texas):

Everyone needs to see what I saw in Eagle Pass today.

Clothing stuck on razor wire where families got trapped. Chainsaw devices in the middle of buoys. Land seized from US citizens.

Operation Lone Star is barbaric — and @GovAbbott is making border communities collateral damage. pic.twitter.com/PzKyZGWfds

— Joaquin Castro (@JoaquinCastrotx) August 8, 2023

     ~~~ Marie: The feds need to get down there right now and remove -- and destroy -- every one of those death traps; then send the bill to Texas. One of the border sheriffs should arrest Greg Abbott. The DOJ and International Court of Justice should investigate him for torture. I'm serious. What with Abbott's giant saw blades, DeSantolini's campaign promise to slit the throats of federal bureaucrats and Trump's violent January 6 coup (not to mention his other threats), the GOP is beginning to look like a slasher movie, with sequels. We are living in a horror movie.

Ecuador. José Cabrera of the New York Times:" A presidential candidate in Ecuador who had been outspoken about the link between organized crime and government officials was assassinated on Wednesday evening at a political rally in the capital, just days before an election that was expected to be dominated by concerns over drug-related violence. The candidate, Fernando Villavicencio, a former journalist, was gunned down outside a high school in Quito after speaking to young supporters."

Haiti. Simon Romero & Emiliano Mega of the New York Times: "Abductors have freed an American nurse working for a humanitarian organization in Haiti and her child, the aid group said Wednesday, after their kidnapping in late July drew international attention to a wave of anarchic violence gripping the capital, Port-au-Prince. El Roi Haiti, a faith-based humanitarian organization, said in a brief statement that Alix Dorsainvil, the group's community nurse and the wife of the group's director, was released along with her child after they were held in Port-au-Prince." (Also linked yesterday.)

News Lede

AP: "Thousands of Hawaii residents raced to escape homes on Maui as blazes swept across the island, destroying parts of a centuries-old town and killing at least 36 people in one of the deadliest U.S. wildfires in recent years. The fire took the island by surprise, leaving behind burned-out cars on once busy streets and smoking piles of rubble where historic buildings had stood in Lahaina Town, which dates to the 1700s and has long been a favorite destination for tourists. Crews battled blazes in several places on the island Wednesday, and the flames forced some adults and children to flee into the ocean." ~~~

     ~~~ The New York Times is liveblogging developments here.

HELP!!!

Marie: Here's a comment by Akhilleus, which I heartily endorse. Seriously, if you can't help out, I'm out. The link to the link code Akhilleus mentions is above; both Akhilleus and I tested it, and it works:

By Akhilleus

Pssst…

Just a word to all RCers, reg’lars, ‘ occasionalls, and tutti, (as classical composers might put it)…

Marie has agreed to continue this oasis of sanity on the condition that we all help out mit der linkensteins. Ja?

Soooo…she has provided a very useful, and amazingly wicked EZ to use link creator thingie, in hopes (wink, wink, nudge, nudge) that we all will pick up the slack so she can concentrate on kicking the crap out of the morons constructing her domicile (why is the cellar upstairs?!?).

So here’s the thing. You don’t have to add much commentary type stuff if you don’t want to. Just check out what’s going on, do the one linky-dinky, two linky-dinky, (apologies to Lily Tomlin) and say “Hey kids, here’s something cool-stupid-outrageous-monstrous-weird-coked up-abusive-eight balled-Jiminy Cricketed-or otherwise useful to know thing”, add the link, and yer done. And we’re all the better for it.

If you’d like to include a mini, maxi, or apoplexy rant (which I never do…nevah…) go right ahead. It was so neat to hear from people who don’t normally post. Don’t keep those finely tuned, filigreed thoughts to yourselves. Let ‘er rip.

Tanks.

The Conversation -- August 9, 2023

Marie: There are quite a few interesting links in today's Comments.

Peter Weber of the Week: "Locals and lawmakers have started getting a closer look at wrecking ball-size orange buoys Texas Gov. Greg Abbott (R) had installed -- illegally, Mexico and the federal government say -- along 1,000 feet of the Rio Grande river between Eagle Pass and Piedras Negras, Mexico. The controversial buoys are chained to the shallow bottom of the river with a net of cables, and you can't climb over them because they spin freely. To make sure would-be asylum seekers don't climb between them, Texas Public Radio's David Martin Davies reported after a kayak trip to the barrier, 'there are also serrated metal plates that look like circular saw blades between each buoy.'" Thanks to RAS for the lead. This from Rep. Joaquin Castro (D-Texas):

Everyone needs to see what I saw in Eagle Pass today.
Clothing stuck on razor wire where families got trapped. Chainsaw devices in the middle of buoys. Land seized from US citizens. Operation Lone Star is barbaric -- and @GovAbbott is making border communities collateral damage. pic.twitter.com/PzKyZGWfds

— Joaquin Castro (@JoaquinCastrotx) August 8, 2023

     ~~~ Marie: The feds need to get down there right now and remove -- and destroy -- every one of those death traps; then send the bill to Texas. One of the border sheriffs should arrest Greg Abbott. The DOJ and International Court of Justice should investigate him for torture. I'm serious. What with Abbott's giant saw blades, DeSantolini's campaign promise to slit the throats of federal bureaucrats and Trump's violent January 6 coup (not to mention his other threats), the GOP is beginning to look like a slasher movie, with sequels. We are living in a horror movie.

Josh Margolin, et al., of ABC News: "A Utah man was shot and killed during an FBI raid early Wednesday morning, the FBI confirmed to ABC News. The raid was in connection with an investigation into alleged threats against President Joe Biden and others.... [One official] told ABC News that the investigation began in April and the U.S. Secret Service was notified by the FBI in June. In addition to threatening posts, the official said, the man under investigation suggested online he was making plans to take physical action. The threats had been deemed 'credible,' the official said.

It's time, Diane, to bid farewell -- just say 'yea' and rest on your laurels. -- P.D. Pepe, in today's Comments ~~~

~~~ Amy Wang of the Washington Post: "Sen. Dianne Feinstein (D-Calif.) was taken to the hospital Tuesday after falling at her home in San Francisco, her office said, and has since returned home. 'Senator Feinstein briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home. All of her scans were clear and she returned home,' Feinstein's office said in a statement." The NBC News report is here.

Yan Zhuang of the New York Times: "It was among the most traumatic days in the F.B.I.'s history: On Feb. 2, 2021, two agents were killed when a suspect in a child abuse case opened fire on them as they tried to search his Florida apartment. This week, the bureau announced the outcome of the investigation the agents were part of -- which had grown into an international operation following their deaths -- saying it had resulted in 98 arrests and 45 convictions of members of an online pedophile ring in the United States and Australia."

Kyle Cheney of Politico: "Special Counsel Jack Smith obtained a search warrant for Donald Trump's Twitter account, @realDonaldTrump, earlier this year, according to newly revealed court documents. Twitter's initial resistance to complying with the Jan. 17 warrant resulted in a federal judge holding the company, now called X, in contempt and levying a $350,000 fine. A federal court of appeals upheld that fine last month in a sealed opinion. On Wednesday, the court unsealed a redacted version of that opinion, revealing details of the secret battle for the first time." ~~~

     ~~~ Alan Feuer of the New York Times: "... the [court] papers indicate that prosecutors got permission from the judge not to tell Mr. Trump for months that they had obtained the warrant for his account. The prosecutors feared that if Mr. Trump learned about the warrant, it 'would seriously jeopardize the ongoing investigation' by giving him 'an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates,' the papers said."

Marie: Videos of Donald Trump's "bullshit" speech in New Hampshire Monday show Trump sweating profusely. While much of the country is sweltering in extraordinary climate-changed-induced high temps, it's been relatively cool in New Hampshire. The high in Windham, N.H., where Trump held his rally Monday, was 80 degrees. It certainly could have been hotter in a crammed auditorium. But in the videos I saw (saw, didn't hear because I put the audio on mute) of the event, the audience did not appear to be sweating, so I doubt it was the 110 degrees Trump claimed it was. So, gosh, maybe there's something wrong with him.

Arizona. The Thermometers Are Rigged! Hank Stephenson in Politico Magazine: "When Arizona lawmakers returned to the state Capitol here earlier this month, they started their day with a prayer to ease the scorching heat.... Meanwhile, the air conditioning was out in the state House of Representatives. Heat seeped through the western-facing wall as the state's 60 representatives piled into the squat cinderblock building. Fans set up to cool the hallways were too loud for staff to work, so they were on only intermittently.... With the Arizona GOP taken over by its fringe elements in recent years and largely refusing to acknowledge the issue [of climate-change-induced heat] at all. Democrats, meanwhile, lament that their leaders aren't doing nearly enough to address the heat -- even as heat-related deaths are climbing.... Heat-tolerant Republicans argue that the heat isn't unusual.... Some conservatives suggest thermometers, like past vote counts, are rigged because they're placed at the sun-scorched asphalt airport."

Florida. Lori Rozsa & Tim Craig of the Washington Post: "Florida Gov. Ron DeSantis (R) suspended the Orlando-area state attorney Wednesday, saying she was 'clearly and fundamentally derelict' in her duty. DeSantis removed Monique Worrell, a Democrat, from her job as the chief prosecutor for Florida's Ninth Judicial Circuit Court at a brief news conference in Tallahassee. It's the second time in a year that the governor ... suspended an elected Democrat from office.... The action by the governor, who has largely been absent from Florida as he campaigns in early primary states such as Iowa and New Hampshire, came five days after two Orlando police officers were shot and injured during a traffic stop. The suspected shooter was later killed by SWAT officers.... The suspect, Daton Viel, 28, had a long criminal history and had been arrested in March for sexual assault against a child but was released on bond. 'Bond is something that individuals are entitled to as a matter of law. In this case, the court determined that this individual was entitled to bond,' Worrell said at a news conference earlier this week defending her office. 'I don't determine who gets out of jail. All I do is uphold the law.'" Emphasis added. Thanks to Akhilleus for the link. See also his comment in today's thread. The Florida Politics report is here. ~~~

Ohio. Campbell Robertson, et al., of the New York Times: "For months, it had been apparent that [Ohio Ballot] Issue 1, advertised as a measure to safeguard the State Constitution from wealthy out-of-state interests, was primarily about blocking an abortion-rights amendment that will be on the November ballot. Supporters of the measure hardly kept this a secret, and campaign donors lined up accordingly: Much of the money in support came from Susan B. Anthony Pro-Life America, a Washington-based anti-abortion advocacy group.... For many Ohioans, this barely concealed political strategizing is what clinched their decision to come out and vote against the measure -- and come out they did, in a turnout that nearly doubled that of last year's primary election for Congress and the governor's office."

Haiti. Simon Romero & Emiliano Mega of the New York Times: "Abductors have freed an American nurse working for a humanitarian organization in Haiti and her child, the aid group said Wednesday, after their kidnapping in late July drew international attention to a wave of anarchic violence gripping the capital, Port-au-Prince. El Roi Haiti, a faith-based humanitarian organization, said in a brief statement that Alix Dorsainvil, the group's community nurse and the wife of the group"s director, was released along with her child after they were held in Port-au-Prince."

~~~~~~~~~~

** Ohio. Democracy: 1. Republicans: 0. Julie Smyth & Samantha Hendrickson of the AP: "Ohio voters on Tuesday resoundingly rejected a Republican-backed measure that would have made it more difficult to change the state's constitution, setting up a fall campaign that will become the nation's latest referendum on abortion rights since the U.S. Supreme Court overturned nationwide protections last year. The defeat of Issue 1 keeps in place a simple majority threshold for passing future constitutional amendments. It would have raised that to a 60% supermajority, which supporters said would protect the state's foundational document from outside interest groups. While abortion was not directly on the special election ballot, the result marks the latest setback for Republicans in a conservative-leaning state who favor imposing tough restrictions on the procedure. Ohio Republicans placed the question on the summer ballot in hopes of undercutting a citizen initiative voters will decide in November that seeks to enshrine abortion rights in the state." The New York Times story is here.

Maggie Haberman, et al., of the New York Times: "A lawyer allied with ... Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo that prosecutors are portraying as a crucial link in how the Trump team's efforts evolved into a criminal conspiracy. The existence of the Dec. 6, 2020, memo came to light in last week's indictment of Mr. Trump, though its details remained unclear. But a copy obtained by The New York Times shows for the first time that the lawyer, Kenneth Chesebro, acknowledged from the start that he was proposing 'a bold, controversial strategy' that the Supreme Court 'likely' would reject in the end.... The memo had been a missing link in the public record of how Mr. Trump's allies developed their strategy to overturn Mr. Biden's victory. I mid-December, the false Trump electors could go through the motions of voting as if they had the authority to do so. Then, on Jan. 6, 2021, Vice President Mike Pence could unilaterally count those slates of votes, rather than the official and certified ones for Joseph R. Biden Jr.... Three days later, Mr. Chesebro drew up specific instructions to create fraudulent electors in multiple states...." ~~~

     ~~~ Marie: The idea behind this plot had been around at least since the day after the election, albeit in an inchoate text-message formulation. The January 6 committee obtained a text message to Mark Meadows from former Texas Gov. Rick Perry. (Perry denies sending the message, but it came from his phone.) The memo, dated November 4, 2020, reads, "HERE's an AGRESSIVE (sic) STRATEGY: Why can t (sic) the states of GA NC PENN and other R controlled state houses declare this is BS (where conflicts and election not called that night) and just send their own electors to vote and have it go to the SCOTUS." If Perry -- not the sharpest tack in the box -- was voicing this plan, it's unlikely to have been his own idea; the idea of just ignoring the popular vote must have been making the rounds among Trump supporters. The Times story makes it seem the plot originated -- like Athena from the brain of Zeus -- with Cheseboro. It didn't.

Michelle Price & Holly Ramer of the AP: "... Donald Trump on Tuesday kept up his attacks on special counsel Jack Smith and vowed to continue talking about his criminal cases even as prosecutors sought a protective order to limit the evidence that Trump and his team could share. In the early voting state of New Hampshire, Trump assailed Smith as a 'thug prosecutor' and a 'deranged guy' a week after being indicted on felony charges for his efforts to overturn the results of the 2020 election in the run-up to the insurrection at the U.S. Capitol on Jan. 6, 2021." ~~~

     ~~~ Kelly Garrity of Politico: "'They don't want me to speak about a rigged election. They don't want me to speak about it. Whereas I have freedom of speech, First Amendment,' Trump said [at the New Hampshire rally]. Biden, Trump claimed, is 'forcing me nevertheless to spend time and money away from the campaign trial in order to fight bogus, made-up accusations and charges.... I'm sorry I won't be able to go to Iowa today, I won't be able to go to New Hampshire today because I'm sitting in a courtroom on bullshit,' Trump said to the crowd, eliciting cheers and chants of 'bullshit.'"

     ~~~ Marie: Garrity doesn't bother to mention that most of Trump's claims are, as he would say, bullshit. The proposed protective order, which is SOP, does not curb Trump's right to lie about a rigged election. It does not curb his First Amendment rights except insofar as he cannot reveal any information gleaned in discovery documents. Joe Biden has nothing to do with it. On occasion, he will have to sit in a courtroom. What is that saying that's on the tip of my tongue? Something like (but not exactly): "If you don't have the time, don't do the crime."

     ~~~ Tierney Sneed & Katelyn Polantz of CNN: "US District Judge Tanya Chutkan scheduled a hearing for Friday at 10 a.m. ET on the scope of a protective order -- the rules imposed for the handling of evidence -- in the special counsel's election subversion case against ... Donald Trump.... Her move to schedule it for Friday morning comes after Trump's attorneys -- pointing to his busy legal calendar, which includes a Thursday court hearing in Florida in the separate classified documents case -- had asked for the elections case hearing in Washington, DC, to be scheduled early next week. Special counsel Jack Smith's team said they were available at any time Wednesday, Thursday or Friday. Trump is not required to be present at the Friday hearing in DC, Chutkan said." ~~~

     ~~~ Marie: The second graf of this story, which I elided above, is "This would be the first hearing before Chutkan, a judge who has already come under criticism from Trump supporters and received increased security." As is typical in many stories that mention criticism leveled against Judge Chutkan, the reporters do not push back on the criticism or even put it in context. Much of the criticism -- at least the criticism that isn't overtly racist -- centers on Chutkan's ruling against Trump's bid to claim executive privilege and prevent the House January 6 committee from accessing Trump-era White House documents. Chutkan famously wrote in her ruling that "Presidents are not kings, and Plaintiff is not President." But as Marcy Wheeler pointed out recently, "the DC Circuit upheld Chutkan's ruling.... [About a month later,] the Supreme Court upheld Chutkan's ruling. With only Clarence Thomas dissenting, Justice Kavanaugh noted that the DC Circuit's ruling that Trump's appeal would have failed even under more stringent standards made any review of this decision unnecessary." So anyone who criticizes Chutkan's ruling should knock the appeals court judges and the Supremes, too -- or at least the ones who haven't gotten quite enough swag from right-wing billionaires.

Nick Corasaniti & Trip Gabriel of the New York Times: "As lawyers for Donald J. Trump float various legal arguments to defend him in court against an onslaught of criminal charges, the former president has settled on a political defense: 'I'm being indicted for you.' In speeches, social media posts and ads, Mr. Trump has repeatedly declared the prosecutions a political witch hunt, and he has cast himself as a martyr who is taking hits from Democrats and the government on their behalf. 'They want to take away my freedom because I will never let them take away your freedom,' Mr. Trump told the crowd at a campaign event in New Hampshire on Tuesday. 'They want to silence me because I will never let them silence you.'... There is evidence that the message is resonating." ~~~

     ~~~ Marie: As Donell Harvin wrote in a Politico Magazine article I linked yesterday, Trump's "exhortations that the left or the 'Deep State' is coming after you or trying to take your country away provides the type of existential threat to his followers that is essential for the pathway to violence." As Harvin said in an MSNBC interview, would-be dictators and dictators commonly assert that they themselves are victims who are suffering slings and arrows on behalf of the hoi polloi, and that only they, the dictators, are standing between the forces of evil and ordinary people. MB: If this sounds familiar, perhaps it's because you've heard of Christianity, where the belief system is based on the premise that Jesus sacrificed himself for us on the cross, that he bore the weight of our sins so that we might be saved. Many religions, including the Judaism from which Christianity arose, taught that their gods demanded sacrifices as expressions of atonement. Particularly in early Christiany, Jesus was portrayed in iconography as the sacrificial "Lamb of God." Donald Trump may not be a Christian, but he sure knows how to play the Jesus card.

Betsy Swan & Kyle Cheney of Politico: "Special counsel Jack Smith's probe of efforts by Donald Trump and others to subvert the 2020 election remains ongoing -- with at least one interview this week that focused on fundraising and spending by Trump's political action committee. Meanwhile, the grand jury that indicted Trump last week was spotted meeting Tuesday in the federal courthouse in Washington. In a closed-door interview on Monday with Bernard Kerik, investigators asked multiple questions about the Save America PAC's enormous fundraising haul in the weeks between Election Day and the Jan. 6, 2021, attack on the Capitol, according to Kerik's lawyer, Tim Parlatore...." (Also linked yesterday.) The New York Times story is here.

In an X-Twitter thread, Andrew Weissmann suggests Aileen Cannon gets her judicial acumen from watching Trump lawyers on Fox "News": "If you are wondering why Judge Cannon issued on 8/7, without the defense requesting it, an Order directing the government why it was using a non-FLA grand jury, here is an answer: on 8/6 former Trump lawyer [James Trusty] was on Fox raising that entirely bogus issue.... You really had to wonder what gave her the idea for the Order, since she raised it on her own, and there was nothing about the known litigation record that raised the issue she flagged, which is so wrong legally."

Presidential Race 2024

Nicholas Nehamas, et al., of the New York Times: "Gov. Ron DeSantis of Florida is shaking up his presidential campaign -- again. For the third time in less than a month, Mr. DeSantis's campaign announced a major restructuring, this time removing his embattled campaign manager, Generra Peck, and replacing her with a loyalist from his governor's office, as he continues to search for a campaign team and a political message that can compete with ... Donald J. Trump. The reorganization -- in which a top official at the main pro-DeSantis super PAC will also take on an influential role inside the campaign -- caps a turbulent period of layoffs, financial worries and a shift in strategy for the Florida governor, who is increasingly banking on an Iowa-or-bust approach." MB: DeSantolini doesn't need a new campaign manager; he needs a new personality and a moral character implant. (Also linked yesterday.)

Ana Swanson of the New York Times: "The Biden administration plans on Wednesday to issue new restrictions on American investments in certain advanced industries in China, according to people familiar with the deliberations, a move that supporters have described as necessary to protect national security but that will undoubtedly rankle Beijing. The measure would be one of the first significant steps the United States has taken amid an economic clash with China to clamp down on outgoing financial flows." A CBS News story is here.

Melanie Hicken of CNN: “The then-leader of the US Coast Guard covered up an explosive investigation four years ago into rapes and sexual assaults at the agency's academy despite prior plans by top officials to come clean about the inquiry, a CNN investigation found. Commandant Karl L. Schultz took charge of the agency in June of 2018 as the secret investigation, dubbed Operation Fouled Anchor, was concluding. The inquiry revealed a dark history of sexual misconduct at the prestigious academy, substantiating dozens of rapes and assaults from the late 1980s to 2006.... The [Department of Homeland Security] said in a statement that '[current commandant Linda] Fagan was not included in the group of senior leaders who oversaw closing the operation, nor was she consulted when it was closed regarding disclosure in or outside the Coast Guard." (Also linked yesterday.)

Adam Liptak of the New York Times: "The Supreme Court on Tuesday temporarily revived the Biden administration's regulation of 'ghost guns' — kits that ca be bought online and assembled into untraceable homemade firearms. In defending the rule, a key part of President Biden's broader effort to address gun violence, administration officials said such weapons had soared in popularity in recent years, particularly among criminals barred from buying ordinary guns. The court's brief order gave no reasons, which is typical when the justices act on emergency applications. The order was provisional, leaving the regulation in place while a challenge moves forward in the courts. The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court's three liberal members -- Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson -- to form a majority." The NBC News story is here. (Also linked yesterday.)

Alabama Is Still Alabama. Remy Tumin & Chang Che of the New York Times: "Police in Montgomery, Ala., detained several people over the weekend after a brawl broke out at the city's popular Riverfront Park when a group of white boaters appeared to attack a Black security guard. The violent scene, captured on video by bystanders, has stoked memories of the city's racist history." (Also linked yesterday.)

Florida. Wherefore Art Thou, Romeo? Gabriella Ferrigine in Salon: "School district officials in Hillsborough County, Fla., have implemented a newly designed curriculum guide for English teachers that will see students reading only selections from William Shakespeare plays, The Tampa Bay Times reported. The change comes as a result of amended state teaching standards and new state exams endorsed and inked by Republican Gov. Ron DeSantis in the Parental Rights in Education Act. DeSantis, who has decried anything deemed to be sexual in nature, has taken his culture war crusades to schools with various book bans and curriculum revisions. Now, rather than read titles like 'Romeo and Juliet' or 'Macbeth' in full, students will be assigned excerpts from the works. District officials stated that students seeking to read the classics in full may do so if they obtain copies; however, teachers have been cautioned to heed the excerpt-only guidelines, as they could face parent complaints or disciplinary action for going against them.The decision was made 'in consideration of the law,' according to school district spokeswoman Tanya Arja." Thanks to Akhilleus for the link. See also his commentary below. ~~~

     ~~~ Marie: It's a wonder that the U.S. is "the greatest country in the world" when most living high-school grads have been forced to read "MacBeth" or sit through a performance of "Romeo & Juliet," and, my God, may have been less interested in iambic pentameter than in the content of some of those sexy sonnets.

News Lede

AP: "A wildfire tore through the heart of the Hawaiian island of Maui in darkness Wednesday, reducing much of a historic town to ash and forcing people to jump into the ocean to flee the flames. At least six people died, dozens were wounded and 271 structures were damaged or destroyed." The New York Times is liveblogging developments.