July 12, 2023

Afternoon Update:

Jeanna Smialek of the New York Times: "Inflation data released on Wednesday showed a pronounced cooling and offered some of the most hopeful news since the Federal Reserve began trying to tame rapid price increases 16 months ago. The Consumer Price Index climbed 3 percent in the year through June, less than the 4 percent increase in the year through May and just a third of its roughly 9 percent peak last summer. That overall metric catches big declines in gas prices and a few other products that could prove ephemeral, which is why policymakers closely watch a different measure: the change in prices after stripping out food and fuel costs. That measure, known as the core index, offered news that was even better than what economists had expected, sending stocks higher as investors bet that the news would allow the Fed to raise interest rates by less than they otherwise might have." This is part of a liveblog. ~~~

     ~~~ Emma Kinery of CNBC: "President Joe Biden on Wednesday celebrated new data that showed inflation cooling more quickly than expected. 'Good jobs and lower costs: That's Bidenomics in action,' Biden said in a statement. 'Today's report brings new and encouraging evidence that inflation is falling while our economy remains strong.'"

Julie Weil of the Washington Post: "About 10 million people type their personal financial information into H&R Block, TaxSlayer and TaxAct websites every year to prepare their taxes, trusting the companies to keep their information safe. Instead, the companies shared that personal information with Google and Facebook, some going as far back as 2011, members of Congress wrote in a new report.The congressional investigation, led by Sen. Elizabeth Warren (D-Mass.), follows a report last year about such data-sharing with Facebook by the technology journalism website The Markup. Warren and six other lawmakers wrote to the Justice Department on Tuesday urging criminal charges against the companies for violating laws that prevent tax preparers from sharing their clients' personal information." CNN's report is here.

Adam Goldman & Glenn Thrush of the New York Times: "Republicans bombarded Christopher A. Wray, the F.B.I. director, with criticisms about his role in the Trump documents investigation, efforts to address extremist violence and the bureau's surveillance practices during a grim and contentious House Judiciary Committee hearing on Wednesday. Republicans on the committee, led by the chairman, Representative Jim Jordan of Ohio, treated Mr. Wray as if he were a hostile witness -- repeatedly interrupting his attempts to answer their rapid-fire queries. Most of the Republicans sought to portray the nation's premier law enforcement agency, and Mr. Wray, who was appointed by ... Donald J. Trump, as political tools of the Democrats.... Mr. Wray, a registered Republican, forcefully rejected accusations tha he had sought to protect President Biden, or his son Hunter Biden, or that he had targeted Mr. Trump -- describing the F.B.I.'s role in the search at Mar-a-Lago last August as lawful, restrained and prompted by a court order.... Anticipating the questioning to come, the top Democrat on the committee, Representative Jerrold Nadler of New York, described the hearing as 'little more than performance art.'"

Mattew Chapman of the Raw Story: "Freshman Rep. Mike Lawler (R-NY) was booted off Wikipedia after violating guidelines by repeatedly editing the site's article about himself, reported The Daily Beast on Wednesday.... Lawler was elected in 2022 in an upset, defeating Rep. Sean Patrick Maloney, who served as the chair of the Democrats' congressional fundraising arm -- one of many casualties in New York, where Democrats suffered some of their heaviest losses of the cycle." MB: The edits cited seem fairly anodyne: "Among other things, Lawler added himself as a notable alumnus of Manhattan College, wrote that he 'serves as the Ranker of the Government Operations Committee and as a member of the Aging, Banks, Education, and Housing Committees,' and updated his name from 'Mike Lawler' to 'Michael V. Lawler' on one section."

Cat Zakrzewski & Caroline O'Donovan of the Washington Post: "A federal judge on Tuesday allowed Microsoft to move forward with its $69 billion acquisition of video game maker Activision, in a resounding blow to U.S. regulators' efforts to block consolidation in the tech industry. The Federal Trade Commission had asked the court to intervene in the deal after it brought an administrative lawsuit last year that alleged the acquisition was anticompetitive.... In a 53-page redacted decision, Northern California District Court Judge Jacqueline Scott Corley said the FTC had not demonstrated it was likely to show that the deal would substantially limit competition." Corley is a Biden appointee.

Jeffrey Fisher in a New York Times op-ed: "Add this to the ways in which the Supreme Court is increasingly resembling just another political institution: Only one side of the ideological divide has the power to set the institution's agenda.... Under longstanding tradition, it takes four votes to put a case on the court's docket.... And the Democratic appointees now seem to find themselves one vote short in case after case.... For the court to reverse a lower court decision refusing to honor a civil liberty, the case first has to be put on its docket. And that seems no longer to be happening in cases involving established rights favored by the liberal wing of the court."

Presidential Race 2024. John Wagner of the Washington Post: "Sen. Joe Manchin III (D-W.Va.) plans to headline an event in New Hampshire next week sponsored by the bipartisan group No Labels, a move that has stoked speculation that he could mount a third-party presidential bid in 2024 that Democrats fear could be damaging to President Biden. Manchin is scheduled to appear Monday at the group's 'Common Sense' town hall at St. Anselm College alongside former Utah governor Jon Huntsman (R). No Labels is eying a potential 'unity' ticket in 2024, though organizers say no decision has been made."

Georgia. Neil Vigdor of the New York Times: "A Democrat who represents part of Atlanta in Georgia's House of Representatives defected to the Republican Party on Tuesday, saying she was subject to a campaign of intimidation by onetime political allies after breaking with them on school vouchers, policing and prosecutorial oversight. Mesha Mainor, a two-term representative from the 56th District in Fulton County, announced she was switching parties during a news conference outside the Capitol in Atlanta. Republicans now have a 102 to 78 majority in the House."

Paul Sonne of the New York Times: "Gen. Sergei Surovikin of Russia, a onetime ally of the Wagner chief who hasn't been seen publicly since a short-lived mutiny last month, is 'taking a rest,' one of the country"s top lawmakers said Wednesday, when pressed by a reporter." MB: Golly, I wonder if he's taking that rest anywhere near a window in a high-rise building.

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The New York Times' live updates of developments Wednesday in the NATO summit & in Russia's war on Ukraine are here: "President Volodymyr Zelensky of Ukraine is expected to meet with President Biden and join discussions with other NATO leaders on Wednesday, a day after the alliance confirmed eventual membership for Ukraine but without a timeline.... Pledges of new military aid also marked the first day of the two-day summit. Included among those was a promise from France of midrange missiles, which Russia called a mistake and warned of unspecified countermeasures.... Russian forces attacked the Ukrainian capital, Kyiv, with drones early Wednesday for the second day in a row. Ukrainian officials said all of the drones were intercepted. President Recep Tayyip Erdogan of Turkey and President Biden met one on one on Tuesday, a day after Turkey dropped its objections to Sweden joining NATO." ~~~

     ~~~ The Washington Post's live updates for Wednesday are here: "As the second day of the NATO summit got underway, Ukraine's allies indicated that they would provide Ukraine with security guarantees to bolster the country's defenses in the long term.... The announcement came after Ukrainian President Volodymyr Zelensky criticized NATO leaders for failing to provide Ukraine with a clear timeline for membership in the alliance." ~~~

     ~~~ The Guardian's live updates for Wednesday are here. The Guardian's summary report is here.

Sean Lyngaas of CNN: "China-based hackers have breached email accounts at two-dozen organizations, including some United States government agencies, in an apparent spying campaign aimed at acquiring sensitive information, according to statements from Microsoft and the White House late Tuesday. The full scope of the hack is being investigated, but US officials and Microsoft have been quietly scrambling in recent weeks to assess the impact of the hack and contain the fallout."

Dan Lamothe of the Washington Post: "Gen. Charles Q. Brown Jr., President Biden's choice to lead the Joint Chiefs of Staff, tangled with Senate Republicans on Tuesday as they peppered him with questions about China, Ukraine and Pentagon cultural policies denounced as 'woke' by critics on the right. From the testimony's outset, Brown sought to highlight his extensive experience leading U.S. troops and allies overseas, proudly telling members of the Senate Armed Services Committee that, as a general, he had spent less time in Washington than he had 'either in conflict or preparing for conflict.'... Sen. Eric Schmitt (R-Mo.) accused Brown, who has led the Air Force since 2020, of suggesting there were 'too many White officers' in the military. Schmitt cited as evidence a memo that Brown signed last year setting aspirational diversity goals for Air Force applicants.... Even though Republicans and Democrats on the committee both voiced support for Brown's nomination, it is unclear how quickly the process can move. Sen. Tommy Tuberville (R-Ala.), a member of the armed services committee, has placed a hold on the promotion of more than 250 senior military officers...."

Very White of You, Tommy. John Wagner of the Washington Post: "Sen. Tommy Tuberville (R-Ala.), facing a barrage of criticism over a Monday night television interview in which he refused to say white nationalists are racists, relented Tuesday afternoon, acknowledging to reporters on Capitol Hill that they in fact are. 'White nationalists are racists,' Tuberville told reporters, after earlier exchanges with reporters in which he continued to insist that was a matter of opinion, a position that echoed his comments from an interview the night before.... Tuberville's remarks drew a sharp rebuke Tuesday from Senate Majority Leader Charles E. Schumer (D-N.Y.), who urged Tuberville to apologize. 'The senator from Alabama is wrong, wrong, wrong,' Schumer said on the Senate floor. 'The definition of white nationalism is not a matter of opinion. White nationalism, the ideology that one race is inherently superior to others, that people of color should be segregated, subjected to second-class citizenship, is racist down to its rotten core. For the senator from Alabama to obscure the racist nature of white nationalism is indeed very, very dangerous.'... Tuesday, Senate Minority Leader Mitch McConnell (R-Ky.) didn't comment directly but said, 'White supremacy is simply unacceptable in our military and in our entire country.'"

Rick Maese of the Washington Post: "PGA Tour officials defended their shocking partnership with the Saudi Public Investment Fund during a Senate investigative subcommittee hearing Tuesday. But even as the hearing underscored the fragility of that relationship, a trove of documents released by the Senate Permanent Subcommittee on Investigations showed the parties discussing several dramatic proposals that would significantly alter the pro golf landscape.... Tour executives made clear in the hearing that the sides still have wrinkles to work out..., and the exact size of the massive Saudi investment that tour officials say will help stabilize the fractured world of pro golf. 'There is no merger. There is no deal. There is simply an agreement to try to get to an agreement and settle lawsuits,' said Jimmy Dunne, the PGA Tour policy board member who helped broker the arrangement.... Sen. Richard Blumenthal (D-Conn.), chair of the subcommittee, was the most pointed lawmaker in his questioning of the PGA Tour representatives -- Dunne and Ron Price, the tour's chief operating officer...."

Karoun Demirjian of the New York Times: "Hard-right House Republicans are pushing to use the yearly bill that sets the United States military budget and policy as an opportunity to pick fights with the Biden administration over abortion, race and transgender issues, imperiling its passage and the decades-old bipartisan consensus in Congress around backing the Pentagon. Republican leaders have scheduled votes beginning on Wednesday on the $886 billion measure, but as of Tuesday evening, they had yet to dissuade their ultraconservative colleagues from efforts to load it up with politically charged provisions to combat what the G.O.P. calls 'wokeness' in the military. Those proposals -- including rolling back a Pentagon policy providing service members access to abortions and defunding the military's diversity, equity and inclusion programs -- would alienate the moderate Republicans and Democrats whose votes would be needed to get the bill through the narrowly divided House." ~~~

     ~~~ Sarah Ferris & Jordain Carney of Politico: "Speaker Kevin McCarthy is working furiously to prevent another House floor takeover by his hardest-right conservatives as the GOP prepares to tackle some of the year's biggest bills. With the House back for a final stretch before its August recess, McCarthy on Tuesday afternoon summoned a group of leaders from multiple corners of his conference to shape a strategy for staving off further right-wing revolts -- which his team can't afford this summer. Underscoring the urgency of their task, the group of GOP lawmakers met in the shadow of what could become a new right-flank rebellion over the rule for debating a must-pass Pentagon policy bill." The meeting did not go especially well.

Glenn Thrush of the New York Times: "The co-director of a Maryland-based research group who claims to have damaging information about Hunter Biden has been charged with arms trafficking, sanctions violations and acting as an unregistered agent for China, according to a federal indictment unsealed on Monday. In an eight-count indictment, prosecutors in the Southern District of New York accused Gal Luft, a dual U.S.-Israeli citizen, of violating the Arms Export Control Act and the Foreign Agents Registration Act in brokering arms deals between Chinese companies, Iran and countries in the Middle East. Mr. Luft, promoted by some congressional Republicans as a keystone witness in their efforts to show corruption by the Biden family, is a fugitive from justice.... Representative James R. Comer, Republican of Kentucky and the chairman of the House Oversight Committee, recently described Mr. Luft as a 'very credible witness on Biden family corruption' and said that he hoped to interview him, regardless of the government's allegations.... Democrats said that Mr. Comer and other Republicans have shown they are willing to go to any lengths to smear the Bidens, even to the point of accepting the word of a man accused of being a Chinese agent and illegal arms dealer over that of federal law enforcement officials." ~~~

     ~~~ Marie: Luft, IOW, is (allegedly!) guilty of anything he claimed Hunter Biden might have done -- and then some. He is the same supposed "whistleblower" whom Comer admitted on Fox "News" had gone "missing." He went missing, it turns out, because he was a fugitive from justice. Josh Kovensky of TPM has more: ~~~

     ~~~ Paul Kane of the Washington Post: "House Republicans on Tuesday said they still hope to call a man indicted on charges of arms trafficking and acting as an unregistered foreign agent for Chinese entities as a witness in their investigations of President Biden and his son Hunter. Senior Republicans dismissed the importance of the charges against the fugitive defendant and instead accused the Justice Department, the FBI and other authorities of orchestrating a vast conspiracy on behalf of the first family, providing no documentation or other evidence to support their accusations." MB: I don't know how an old duffer like Joe Biden, who is apparently too addled to tie his shoes, or how a drugged-up Hunter Biden could have engineered this vast left-wing conspiracy. Maybe Joe just waved his "Article II" at DOJ lawyers and they worked it out. ~~~

     ~~~ Unfortunately, Marcy Wheeler points out another little flaw in the conspiracy theory: Luft "was charged before he started regaling dim-witted Chairmen about dirt on Hunter Biden. This prosecution can't be about retaliation for the conspiracy theories he told Comer -- the indictment precedes it all by months.... [And] well before Luft told Comer anything, he had been charged for lying at the very meeting [with DOJ investigators in Brussels, Belgium, in March 2019,] he's now claiming he was retaliated for. Comer was duped. Again. Given the precedent of Eric Swalwell, who was removed from the House Intelligence Committee after having been cultivated by a Chinese agent, Comer should be stripped of his gavel and referred to the ethics committee." ~~~

     ~~~ Marie: Jim Comer had a very bad Monday. Not only did his "star witness" against Hunter Biden turn out to be an (alleged!) international criminal & fugitive from justice, but also the Trump-appointed U.S. attorney who charged Hunter with misdemeanors refuted another fake whistleblower's claim that Merrick Garland had constrained his investigation & limited the charges he could bring against Hunter. Fortunately for Comer, he's such an inept comic figure and his party is in such disarray, that instead of being stripped of his committee assignment as Marcy Wheeler suggested, he's pressing forward with his fake "investigation."

Kate Brumback of the AP: "A grand jury that was sworn in Tuesday in Atlanta will likely consider whether criminal charges are appropriate for ... Donald Trump or his Republican allies for their efforts to overturn his 2020 election loss in Georgia." The article goes on to explain how Georgia's grand jury system works. ~~~

~~~ Marshall Cohen of CNN: "The Georgia grand jury that is expected to consider charges against ... Donald Trump and his Republican allies for trying to overturn the 2020 election is being selected Tuesday in Atlanta. Fulton County District Attorney Fani Willis, an elected Democrat, launched the investigation in early 2021, after Trump tried to overturn his defeat in the Peach State with a public and private pressure campaign targeting Georgia election officials, the governor, lawmakers and prosecutors. A special grand jury previously heard testimony from 75 witnesses, including Trump advisers, his former attorneys, White House aides, and Georgia officials. That panel issued a redacted report with charging recommendations, which will soon be weighed by the new grand jury. Willis has indicated that final decisions could come next month." (Also linked yesterday.)

Katelyn Polantz of CNN: "The Justice Department has taken an unusual step in court to try to protect ... Donald Trump from testifying under oath in a lawsuit from former FBI officials Peter Strzok and Lisa Page. Lawyers from the federal agency are asking the federal appeals court in Washington, DC, to block an upcoming deposition of Trump, according to a new court filing on Tuesday. The DOJ has gone to the appeals court to try to correct what it believes was a mistake from a lower court, when Judge Amy Berman Jackson decided Trump could be deposed by Strzok's and Page's legal teams about Strzok being fired following his work on the Russia investigation."

Rachel Weiner of the Washington Post: "The Justice Department said Tuesday that it will no long seek to make the U.S. government the defendants in a lawsuit filed against Donald Trump by a writer who says the former president raped her several decades ago. The decision comes after three years in which the department, under both Republican and Democratic leadership, argued that Trump was acting within his presidential duties when he denied sexually assaulting columnist E. Jean Carroll. That determination made Trump, like other federal employees acting in their official capacity, totally immune from any liability. On Tuesday, a Justice Department leader said in a court filing that two things had changed since they first moved to intervene in the case. First, a D.C. court clarified the law around what qualifies as public work, saying that ... official responses to press questions didn't always qualify and that the professional purpose can be so 'insignificant' as to be irrelevant. Second, a jury in New York State Court found that Trump sexually abused and defamed Carroll, and he has been accused of defaming her again in response to that verdict. (The jury did not find that Trump raped her, and he has since accused Carroll of defamation for insisting he did)." CNN's story is here.

Brian Slodysko & Eric Tucker of the AP: "The Associated Press obtained tens of thousands of pages of emails and other documents that reveal the extent to which public colleges and universities have seen visits by [Supreme Court] justices as opportunities to generate donations -- regularly putting justices in the room with influential donors, including some whose industries have had interests before the court. The documents also reveal that justices spanning the court's ideological divide have lent the prestige of their positions to partisan activity, headlining speaking events with prominent politicians, or advanced their own personal interests, such as sales of their books, through college visits. The conduct would likely be prohibited if done by lower court federal judges.... 'The justices should be aware that people are selling access to them,' said University of Virginia law professor Amanda Frost, an ethics expert.... At least one justice, [Sonia] Sotomayor, seemed keenly aware of the peril of being in a setting with donors. Early in her Supreme Court tenure, she rejected a suggestion that she dine with major contributors to the University of Hawaii during a 2012 visit.... 'Canon 2(B) of the Code of Conduct for U.S. Judges provides that a judge "should avoid lending the prestige of judicial office to advance the private interests of the judge or others,"' [her aide wrote]." (Also linked yesterday.) ~~~

     ~~~ BUT. Brian Slodysko & Eric Tucker of the AP: Justice Sonia "Sotomayor's staff has often prodded public institutions that have hosted the justice to buy her memoir or children's books, works that have earned her at least $3.7 million since she joined the court in 2009. Details of those events, largely out of public view, were obtained by The Associated Press through more than 100 open records requests to public institutions.... The documents reveal repeated examples of taxpayer-funded court staff performing tasks for the justice's book ventures, which workers in other branches of government are barred from doing. But when it comes to promoting her literary career, Sotomayor is free to do what other government officials cannot because the Supreme Court does not have a formal code of conduct.... Supreme Court staffers have been deeply involved in organizing speaking engagements intended to sell books.... None of the justices has as forcefully leveraged publicly sponsored travel to boost book sales as has Sotomayor, according to emails and other records reviewed by the AP....

"Sotomayor's publisher, Penguin Random House, also has played a role in organizing her talks, in some cases pressing public institutions to commit to buying a specific number of copies or requesting that attendees purchase books to obtain tickets, emails show. The publisher has had several matters before the court in which Sotomayor did not recuse herself." MB: Sotomayor's Supreme Court staff also have been telling the universities how many copies of her books they should purchase. Sometimes members of the public who want to meet Justice Sotomayor have to purchase copies of her book to get into the room. (Also linked yesterday.)

Stephanie Kirchgaessner of the Guardian: "Several lawyers who have had business before the supreme court, including one who successfully argued to end race-conscious admissions at universities, paid money to a top aide to Justice Clarence Thomas, according to the aide's Venmo transactions. The payments appear to have been made in connection to Thomas's 2019 Christmas party. The payments to Rajan Vasisht, who served as Thomas's aide from July 2019 to July 2021, seem to underscore the close ties between Thomas ... and certain senior Washington lawyers who argue cases and have other business in front of the justice.... Legal experts said the payments to Vasisht raised red flags."

Jennifer Rubin of the Washington Post: "If you are concerned about contempt for precedent, partisan hackery and judicial hubris, take a look at what district court judges have been doing. There was U.S. District Judge Matthew J. Kacsmaryk's atrocious ruling in April reversing the Food and Drug Administration's 2-decades-old approval of the abortion pill mifepristone.... And let's not forget the unsupportable ruling from U.S. District Judge Aileen M. Cannon of Florida putting her finger on the scale to try to block the Justice Department from reviewing secret documents hoarded by ... Donald Trump.... But not to be outdone, U.S. District Judge Terry A. Doughty in Louisiana, in a case involving government contacts with social media companies, [ruled that government officials could not even speak to tech companies about moderating misinformation].... Trump populated the judiciary with underqualified ideologues, 10 of whom were rated unqualified by the American Bar Association. (In addition, they were overwhelmingly White and male; not a single African American judge was nominated to a circuit court.) Thanks to Ken. W. for the link. (Also linked yesterday.)

Presidential Race 2024. Shane Goldmacher & Maggie Haberman of the New York Times: Donald Trump "lashed out at Iowa's popular Republican governor, Kim Reynolds, and then his campaign informed one of the state's politically influential evangelical leaders, Bob Vander Plaats, that the former president would skip a gathering of presidential candidates this week in Des Moines. The back-to-back moves on Monday -- which the campaign of Gov. Ron DeSantis of Florida labeled a 'snub of Iowa conservatives' in an email on Tuesday -- show the extent to which Mr. Trump, the front-runner for the Republican nomination, acts as if he is immune to traditional political pitfalls while he is also under indictment and his rivals are seeking to capitalize on some voters' fatigue with his antics." Politico's story is here.

Tory Newmyer of the Washington Post: "Bank of America will pay more than $250 million in refunds and fines after federal regulators found the company systematically overcharged customers, withheld promised bonuses and opened accounts without customer approval. The Consumer Financial Protection Bureau found the bank made 'substantial additional revenue' for years by repeatedly charging customers $35 overdraft fees on the same transaction. The bank also denied cash and points bonuses it had pledged to tens of thousands of credit card customers. And starting in 2012, Bank of America employees enrolled customers in credit card accounts without their approval, obtaining credit reports without permission to complete the applications, the bureau said."

Ben Sisario & Ryan Hooper of the New York Times: "More than four years of family conflict over the estate of Aretha Franklin ended Tuesday when a Michigan jury decided what her family could not -- which of two hand-scrawled wills represented the famed singer's true wishes for how to divide her estate. After a two-day trial in a probate court in Pontiac, Mich., a six-person jury decided after less than an hour of deliberation that a four-page document written by Franklin in 2014 -- and discovered under a couch cushion at her home, months after Franklin's 2018 death -- should serve as her will. The verdict resolved the biggest problem that had been hanging over Franklin's estate, and sets in motion a plan for how income and assets from her estate should be divided."

Beyond the Beltway

California. Derrick Taylor of the New York Times: "Leslie Van Houten, a former Charles Manson follower who played a role in the gruesome double murder of a Los Angeles couple in the summer of 1969, was released on parole on Tuesday after serving more than half a century in prison, according to her lawyer.... The office of California Gov Gavin Newsom said this month that it would not challenge her release. Mr. Newsom had reversed Ms. Van Houten's parole grant three times since taking office, most recently in March 2022" The AP's story is here.

Iowa. Emily Wax-Thibodeaux, et al., of the Washington Post: "Iowa's Republican-controlled legislature on Tuesday passed a bill banning most abortions after about six weeks. The legislation was passed during a rare one-day special session called by Gov. Kim Reynolds (R) for the 'sole purpose' of enacting new restrictions on abortion. Reynolds celebrated the bill's passage in a statement late Tuesday and said she will sign it on Friday.... Iowa's House and Senate passed the legislation along mostly partisan lines late Tuesday after hours of hearings and sometimes heated protests. It is expected to face legal challenges. Abortion is currently legal in Iowa up to 22 weeks of pregnancy." An NBC News story is here.

Pennsylvania. Joel Wolfram & Campbell Robertson of the New York Times: Philadelphia police officials describe "an apparent error of a 911 dispatcher that ... meant that ... deadly gunfire [in a home] was not known by authorities until the following night. By then, the man now suspected of having killed [the man in that home] had already carried out one of the city's deadliest mass shootings [the following day, July 3]." (Also linked yesterday.)

News Lede

New York Times: "Milan Kundera, the Communist Party outcast who became a global literary star with mordant, sexually charged novels that captured the suffocating absurdity of life in the workers' paradise of his native Czechoslovakia, died on Tuesday in Paris. He was 94.... His most enduringly popular novel [was] 'The Unbearable Lightness of Being.'"

July 11, 2023

Marie: The Comments "facility" (so to speak) is acting up this morning. People are posting comments, they get the "all-good" message. But, uh, no comment. Then, maybe hours later, up pop the comment. It isn't you. It's Squarespace. Update: I just tested it when I was logged out of my prestigious editorial position, and my test comment came up right away. So maybe it's fixed.

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Late Morning Update:

Marshall Cohen of CNN: "The Georgia grand jury that is expected to consider charges against ... Donald Trump and his Republican allies for trying to overturn the 2020 election is being selected Tuesday in Atlanta. Fulton County District Attorney Fani Willis, an elected Democrat, launched the investigation in early 2021, after Trump tried to overturn his defeat in the Peach State with a public and private pressure campaign targeting Georgia election officials, the governor, lawmakers and prosecutors. A special grand jury previously heard testimony from 75 witnesses, including Trump advisers, his former attorneys, White House aides, and Georgia officials. That panel issued a redacted report with charging recommendations, which will soon be weighed by the new grand jury. Willis has indicated that final decisions could come next month."

Brian Slodysko & Eric Tucker of the AP: "The Associated Press obtained tens of thousands of pages of emails and other documents that reveal the extent to which public colleges and universities have seen visits by [Supreme Court] justices as opportunities to generate donations -- regularly putting justices in the room with influential donors, including some whose industries have had interests before the court. The documents also reveal that justices spanning the court's ideological divide have lent the prestige of their positions to partisan activity, headlining speaking events with prominent politicians, or advanced their own personal interests, such as sales of their books, through college visits. The conduct would likely be prohibited if done by lower court federal judges.... 'The justices should be aware that people are selling access to them,' said University of Virginia law professor Amanda Frost, an ethics expert.... At least one justice, [Sonia] Sotomayor, seemed keenly aware of the peril of being in a setting with donors. Early in her Supreme Court tenure, she rejected a suggestion that she dine with major contributors to the University of Hawaii during a 2012 visit.... 'Canon 2(B) of the Code of Conduct for U.S. Judges provides that a judge "should avoid lending the prestige of judicial office to advance the private interests of the judge or others,"' [her aide wrote]." ~~~

     ~~~ BUT. Brian Slodysko & Eric Tucker of the AP: Justice Sonia "Sotomayor's staff has often prodded public institutions that have hosted the justice to buy her memoir or children's books, works that have earned her at least $3.7 million since she joined the court in 2009. Details of those events, largely out of public view, were obtained by The Associated Press through more than 100 open records requests to public institutions.... The documents reveal repeated examples of taxpayer-funded court staff performing tasks for the justice's book ventures, which workers in other branches of government are barred from doing. But when it comes to promoting her literary career, Sotomayor is free to do what other government officials cannot because the Supreme Court does not have a formal code of conduct.... Supreme Court staffers have been deeply involved in organizing speaking engagements intended to sell books.... None of the justices has as forcefully leveraged publicly sponsored travel to boost book sales as has Sotomayor, according to emails and other records reviewed by the AP....

"Sotomayor's publisher, Penguin Random House, also has played a role in organizing her talks, in some cases pressing public institutions to commit to buying a specific number of copies or requesting that attendees purchase books to obtain tickets, emails show. The publisher has had several matters before the court in which Sotomayor did not recuse herself." MB: Sotomayor's Supreme Court staff also have been telling the universities how many copies of her books they should purchase. Sometimes members of the public who want to meet Justice Sotomayor have to purchase copies of her book to get into the room.

Jennifer Rubin of the Washington Post: "If you are concerned about contempt for precedent, partisan hackery and judicial hubris, take a look at what district court judges have been doing. There was U.S. District Judge Matthew J. Kacsmaryk's atrocious ruling in April reversing the Food and Drug Administration's 2-decades-old approval of the abortion pill mifepristone.... And let's not forget the unsupportable ruling from U.S. District Judge Aileen M. Cannon of Florida putting her finger on the scale to try to block the Justice Department from reviewing secret documents hoarded by ... Donald Trump.... But not to be outdone, U.S. District Judge Terry A. Doughty in Louisiana, in a case involving government contacts with social media companies, [ruled that government officials could not even speak to tech companies about moderating misinformation].... Trump populated the judiciary with underqualified ideologues, 10 of whom were rated unqualified by the American Bar Association. (In addition, they were overwhelmingly White and male; not a single African American judge was nominated to a circuit court.) Thanks to Ken. W. for the link.

Pennsylvania. Joel Wolfram & Campbell Robertson of the New York Times: Philadelphia police officials describe "an apparent error of a 911 dispatcher that ... meant that ... deadly gunfire [in a home] was not known by authorities until the following night. By then, the man now suspected of having killed [the man in that home] had already carried out one of the city's deadliest mass shootings [the following day, July 3]."

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The New York Times' live updates of developments Tuesday at the NATO meeting and in other news of Russia's war on Ukraine are here.

     ~~~ The Washington Post's live updates for Tuesday are here: "NATO leaders are gathering in [Lithuania] for their annual summit, and Ukraine is top of the agenda. Member states are set to discuss further military aid and political support for Ukraine, while Kyiv wants specific pledges on when and how it can join the defense alliance. But with the Biden administration among those reluctant to set clear preconditions for Ukraine while the war with Russia is ongoing, the key question for the alliance may be what else it can negotiate during the two-day summit to provide reassurance to Kyiv and send an unequivocal message to Moscow."

** From the New York Times Ukraine/Russia liveblog Monday, also linked earlier: "Turkey agreed on Monday to clear the way for Sweden to join NATO, a sudden reversal just hours after President Recep Tayyip Erdogan said that the European Union should first advance his country's bid to join the E.U. bloc. NATO's secretary general, Jens Stoltenberg, announced Turkey's decision from Vilnius, Lithuania, where the alliance was preparing to open its annual summit on Tuesday.... The statement said Mr. Erdogan met on Monday with Mr. Stoltenberg and Prime Minister Ulf Kristersson of Sweden to discuss the country's bid.... In return, Sweden and Turkey would continue to work bilaterally against terrorism, Sweden would help reinvigorate Turkey's application to enter the European Union, and NATO would establish a new 'special coordinator for counterterrorism,' he said.... Hungary is the only other NATO member that has yet to approve Sweden's bid, but Hungarian officials have said that if Turkey's position changes, they would not obstruct the process." MB: Given all the hoohah that preceded Turkey's decision, this is a BFD. (Also linked yesterday afternoon.) ~~~

     ~~~ Alexandra Hutzler of ABC News: "Turkey is dropping its opposition to Sweden's bid to join NATO, a big development on the eve of the alliance's 74th annual summit in Vilnius, Lithuania. The announcement was applauded by President Joe Biden and comes a day after he spoke with Turkey's President Recep Tayyip Erdogan about U.S. F-16s for Ankara, although any direct connection was unclear." ~~~

     ~~~ Earlier That Same Day ~~~

     ~~~ So yesterday morning we learned that Turkey's president, Recep Tayyip Erdogan, was hinging his support for Sweden's entry into NATO on the U.S.'s willingness to see F-16s to Turkey. Apparently that was not enough: ~~~

     ~~~ Blackmailer-in-Chief. Ben Hubbard of the New York Times: "President Recep Tayyip Erdogan of Turkey said on Monday that the European Union should open the way for Turkey to join the bloc before Turkey allows Sweden to join NATO, adding a surprising new condition that could further stall the military alliance's efforts to expand. Mr. Erdogan's latest demand came a day before the opening of NATO's two-day annual summit, where leaders, including President Biden, had hoped to secure unanimous approval from member states to allow Sweden to become the 32nd member." (Also linked yesterday afternoon.) ~~~

~~~ Asli Aydintasbas of the Washington Post: "President Biden and his team worked hard to get Erdogan to 'yes' and are to be applauded for their efforts.... Behind all the public bluster, Erdogan's most important ask has long been clear: He needs the United States to sell him F-16s.... The Biden administration has long been in favor of the transaction, but Congress had been blocking it.... The White House made headway over the weekend in convincing congressional leaders -- in particular, Senate Foreign Relations Committee Chairman Robert Menendez (D-N.J.) -- that it is better to keep Turkey inside the NATO tent by going ahead with the sale.... Erdogan also might have gotten some concessions from Europe. As part of the announcement, Sweden agreed to support expanding the E.U.'s free-trade arrangement with Turkey.... This is an important moment — and an opening to try to reverse Turkey's drift."

Haley Britzky of CNN: "A major branch of the US military does not have a Senate confirmed leader for the first time in more than a century, as a result of a Republican senator refusing to lift his block on military nominations. Commandant of the Marine Corps Gen. David Berger relinquished command on Monday after holding a private retirement ceremony, after more than 40 years of service. His successor, Gen. Eric Smith, has not yet been confirmed to take over due to the hold on senior military nominations by Alabama Sen. Tommy Tuberville. Speaking at Berger's relinquishment of command ceremony on Monday, Defense Secretary Lloyd Austin made a point to mention the hold and its impact on 'stable and orderly leadership transitions,' and military families.... Berger agreed just moments later, saying, 'We need the Senate to do their job so we can have a sitting Commandant that's appointed and confirmed.'" ~~~

     ~~~ Mr. Potato Head Is Totally a White Potato. Ed Mazza of the Huffington Post: "Sen. Tommy Tuberville (R-Ala.) offered up a head-spinning defense of white nationalists on Monday, saying he's against racism but that many of them 'just have different beliefs.'... 'A white nationalist is someone who believes that the white race is superior to other races,' [CNN's Kaitlan Collins told Tuberville].... 'Well, that's some people's opinion,' Tuberville replied, and again he defined a white nationalist as 'an American.'"

Cat Zakrzewski & Tim Starks of the Washington Post: "The Justice Department asked the U.S. Court of Appeals for the 5th Circuit on Monday to stay a preliminary injunction that puts extraordinary limits on government communications with social media companies, arguing that the sweeping order could chill law enforcement activity to protect national security interests. The 22-page request came just hours after U.S. District Judge Terry A. Doughty denied the Justice Department's request for a stay. Doughty imposed the preliminary injunction limiting government communications with social media companies July 4. The Justice Department's filing signaled that it could seek the intervention of the Supreme Court, saying that at a minimum, the 5th Circuit should put the order on pause for 10 days to give the nation's highest court time to consider an application for a stay."

Steve Benen of MSNBC: "Clarence Thomas' ethics mess goes from bad to worse.... Over the last few months, the Supreme Court justices' principal problem was his relationship with Texas billionaire Harlan Crow, and the generosity the GOP megadonor has shown Thomas. But what the [New York] Times appears to have uncovered is a similar problem multiplied several times: Thomas 'has received benefits -- many of them previously unreported -- from a broader cohort of wealthy and powerful friends,' thanks to his connections established through the Horatio Alger Association of Distinguished Americans."

Glenn Thrush of the New York Times: "David C. Weiss, the federal prosecutor in Delaware who has led the criminal investigation of Hunter Biden, on Monday rebutted a key element of testimony to Congress by an Internal Revenue Service official who said that Mr. Weiss complained about being blocked from pursuing the case the way he wanted. In a letter to the Senate Judiciary Committee, Mr. Weiss said that he had never asked Justice Department officials to give him special counsel status to pursue the case, contradicting testimony to the House Ways and Means Committee by the I.R.S. official, Gary Shapley, who said Mr. Weiss had sought that status and been turned down.... Mr. Weiss added in the letter to [Sen. Lindsey] Graham that he had 'never been denied the authority to bring charges in any jurisdiction.'... He [did not] explicitly address a key assertion made by Mr. Shapley: that Biden-appointed U.S. attorneys in California and Washington had blocked Mr. Weiss from prosecuting Hunter Biden on felony tax charges...." (Also linked yesterday afternoon.) Politico has an item here. ~~~

     ~~~ Marie: The headline here should be something like, "Another GOP Conspiracy Bites the Dust." But this one won't bite the dust just because Weiss has denied some of Shapley's testimony. Jim Jordan is a bulldog, and like the bulldog my grandparents' once had, he will hang on the bull's chest as long as Biden has a government job.

Surprise! Too Busy to Defend Their Crimes. Devlin Barrett of the Washington Post: "Donald Trump's lawyers argued in new court papers that for a host of legal and political reasons, the trial should be pushed beyond the December timeframe proposed by the Justice Department, and possibly after the November 2024 election. In a 12-page filing late Monday night, Trump's lawyers Christopher Kise and Todd Blanche claimed that putting the former president on trial later this year for alleged mishandling of classified papers and obstruction will be 'unreasonable, telling, and would result in a miscarriage of justice.' The lawyers argued that no trial date be set for the time being.... The judge in the case, Aileen Cannon, has scheduled a hearing for Friday, but lawyers for Trump and his co-defendant, Waltine 'Walt' Nauta, have suggested delaying that until next week in order to accommodate the schedule of Nauta's lawyer. Trump and Nauta, the new filing argues, are going to be too busy with a presidential campaign to properly prepare for a criminal trial at the end of this year." A CNBC story is here. ~~~

     ~~~ Marie: The reasonable response to this is, "Okay then, don't run for president*." No one is required to run for president, any number of people have chosen not to run for personal reasons. Joe Biden, for instance, chose not to run in 2016 because he and his family were grieving the death of son Beau Biden. Defending yourself against criminal charges is a pretty good reason to forget other personal ambitions. ~~~

     ~~~ Marcy Wheeler: "... at its core, [Trump's motion] argues that a guy accused of using the access to the nation's secrets he got by getting elected President on false promises [of protecting the nation's secrets] the last time, should get a shot at accessing those secrets again, without first letting a jury decide whether he had abused his position of power the last time. Trump promised voters in 2016 that he would protect classified secrets; it's actually a key part of how he got elected. Now he says voters shouldn't a chance to find out whether he broke that promise before going to the polls again." ~~~

~~~ Rebecca Beitsch of the Hill: "Former President Trump's co-defendant in the Mar-a-Lago case, Walt Nauta, is pushing the court to delay a conference to discuss the handling of classified evidence in the case, teeing up a decision for Judge Aileen Cannon that could signal how quickly she plans to handle the case. A filing from the attorney of Nauta asks Cannon to reschedule the Friday conference, arguing he is due in court on another matter while the Florida-based attorney Nauta hired the day before his twice-scheduled arraignment -- Sasha Dadan -- is not yet prepared to participate.... The conference is a routine part of the Classified Information Procedures Act (CIPA) and was granted by Cannon shortly after Trump was arraigned last month in Miami.... [In response, DOJ prosecutors] chastise [Nauta's attorney Stanley] Woodward for apparently failing to undertake the paperwork required to get a clearance.... Brandon Van Grack, a former top national security lawyer with the Department of Justice, called Nauta's motion 'a delay tactic and the first real test for the Court to keep the case on schedule.'"

Kara Scannell of CNN: "A New York judge has ordered Steve Bannon to pay his former attorneys nearly $500,000 in unpaid legal fees for work on various legal matters, including his fight against a subpoena by the congressional committee investigating the January 6, 2021, US Capitol attack. The law firm Davidoff Hutcher & Citron LLP sued Bannon in February alleging he failed to pay his legal bills for work the lawyers did for him on the congressional investigation as well as criminal investigations into his efforts to crowdfund a wall along the southern US border. In a six-page order issued Friday, Judge Arlene Bluth ordered Bannon to pay $480,487.87 in unpaid bills as well as 'reasonable legal fees' to his former lawyers who brought the lawsuit." MB: What a surprise! Bannon the Scammer doesn't pay his lawyers. (Also linked yesterday afternoon.)

Ella Lee of the Hill: "The head of a U.S. think tank who has repeatedly accused President Biden and his family of corruption has been charged with acting as an unregistered agent of China, Manhattan prosecutors announced Monday evening. Gal Luft, co-director of the Maryland-based Institute for the Analysis of Global Security, is accused of recruiting and paying an unnamed former high-ranking U.S. government official on behalf of principals based in China in 2016, without registering as a foreign agent, which is legally required. The former high-ranking official was an advisor to then President-elect Trump and was allegedly paid to publicly support certain policies pertaining to China, according to the 58-page, eight-count indictment unsealed Monday. Manhattan prosecutors also allege Luft attempted to broker illicit arms deals to sell weapons to countries including Libya, the United Arab Emirates and Kenya without having a license to do so, as is legally required in the U.S. And Luft is accused of violating Iran sanctions.... Rep. James Comer, R-Ky., chairman of the Oversight Committee, called Luft a 'very credible witness on Biden family corruption' in a tweet last week. Comer and other Republicans have heralded Luft as a whistleblower in the Hunter Biden laptop probe." CNN's story is here.

Well, Isn't That Special! Mark Schlabach of ESPN: "The LIV Golf League's season-ending team championship will be played at Trump National Doral Golf Club in Miami for the second straight year.... The three-day team championship was originally scheduled to be played Nov. 3-5 at Royal Greens Golf & Country Club in Jeddah, Saudi Arabia. LIV Golf League officials have been working to move it back to Trump National Doral, where it was staged in the league's inaugural season in 2022. The Jeddah event, now scheduled for Oct. 13-15, will be the final regular-season tournament."

Jeremy Peters & Alan Feuer of the New York Times: "Of all the distortions and paranoia that Tucker Carlson promoted on his since-canceled Fox News program, one looms large: a conspiracy theory that an Arizona man working as a covert government agent incited the Jan. 6, 2021, assault on the Capitol to sabotage and discredit ... Donald J. Trump and his political movement. What's known about the man -- a two-time Trump voter named Ray Epps -- is that he took part in demonstrations in Washington that day and the night before. He was captured on camera urging a crowd to march with him and enter the Capitol. But at other points, he pleads for calm once it becomes clear the situation is turning violent.... [There is no video evidence he ever went inside the Capitol.] Federal prosecutors have not charged Mr. Epps with a crime..., [but he] could still be indicted.... For more than 18 months, Mr. Carlson insisted that the lack of charges against Mr. Epps could mean only one thing: that he was being protected because he was a secret government agent.... He repeated Mr. Epps's name over and over -- in nearly 20 episodes -- imprinting it on the minds of his viewers.... Now lawyers representing Mr. Epps and his wife are proceeding with plans to sue Fox News for defamation.... First Amendment experts say Mr. Epps has a viable case for defamation...." (Also linked yesterday.)

Beyond the Beltway

Louisiana. Chang Che of the New York Times: "A former Catholic priest in Louisiana who preyed on 17 men who were intoxicated or needed help, drugging and photographing them -- and sexually assaulting at least a dozen of them -- was sentenced on Friday to 25 years in prison. Judge Shayna Beevers Morvant of the 24th Judicial District Court handed down the sentence to the former priest, Stephen Sauer, 61, after he pleaded guilty on Friday to 13 counts of sexual battery, nine counts of third-degree rape, 17 counts of video voyeurism and 16 misdemeanor charges of drug possession, according to a news release from the district attorney for Jefferson Parish, part of the greater New Orleans area. The judge also ordered Mr. Sauer to register as a sex offender and barred him from contacting 12 of the victims for life."

Michigan Senate Race. John Wagner of the Washington Post: "Hill Harper, an actor best known for his work on the television series 'The Good Doctor' and 'CSI: NY,' announced a bid Monday for a U.S. Senate seat from Michigan, entering a crowded Democratic primary that has been dominated by Rep. Elissa Slotkin. In media interviews, Harper, a first-time political candidate, pledged to run to Slotkin's left, calling himself 'the most progressive candidate' in the field."

Nevada Senate Race. John Wagner of the Washington Post: "Sam Brown, a retired U.S. Army captain severely injured by an explosion in Afghanistan, announced a GOP bid Monday for the seat held by Sen. Jacky Rosen (D-Nev.), among those whom Republicans are eying as they seek control of the Senate in next year's elections. Brown ran for Senate last year but placed second behind Adam Laxalt in the Republican primary with 34 percent of the vote. Laxalt, a former Nevada attorney general, narrowly lost to Sen. Catherine Cortez Masto (D-Nev.) in the general election. This time around, Brown is running with the support of national Republican leaders and struck a more moderate tone in his announcement.... In Brown's failed Senate bid last year, he proved to be a relatively strong fundraiser. He voiced opposition to abortion access and accused Laxalt of not doing enough to protect 'election integrity.'"

News Ledes

New York Times: "The company that possesses the exclusive salvage rights to the Titanic shipwreck and the ship's artifacts filed in federal court on Saturday a map of the surrounding seabed that shows where searchers found the twisted remains of the Titan submersible. The map, a mosaic of sonar images that were annotated by experts at the company, RMS Titanic Inc., helps indicate how close the craft was to its intended destination when disaster struck." Includes imagery.

New York Times: "Torrential rainfall and widespread flooding wreaked havoc in the river valleys and mountain towns of Vermont and New York State on Monday, ravaging communities and drawing comparisons to the devastation of Tropical Storm Irene more than a decade ago. The storm caused a night of chaos in New York on Sunday, particularly in the Hudson Valley, where up to eight inches of rain fell in some areas and one person died. But its center had shifted to Vermont by Monday, putting the landlocked and mountainous state -- and particularly a number of tiny, isolated towns along rivers and creeks, just as when Irene struck -- in the cross hairs for major flooding."

July 10, 2023

Afternoon Update:

** From the New York Times Ukraine/Russia liveblog, also linked below: "Turkey agreed on Monday to clear the way for Sweden to join NATO, a sudden reversal just hours after President Recep Tayyip Erdogan said that the European Union should first advance his country's bid to join the E.U. bloc. NATO's secretary general, Jens Stoltenberg, announced Turkey's decision from Vilnius, Lithuania, where the alliance was preparing to open its annual summit on Tuesday.... The statement said Mr. Erdogan met on Monday with Mr. Stoltenberg and Prime Minister Ulf Kristersson of Sweden to discuss the country's bid.... In return, Sweden and Turkey would continue to work bilaterally against terrorism, Sweden would help reinvigorate Turkey's application to enter the European Union, and NATO would establish a new 'special coordinator for counterterrorism,' he said.... Hungary is the only other NATO member that has yet to approve Sweden's bid, but Hungarian officials have said that if Turkey's position changes, they would not obstruct the process." MB: Given all the hoohah that preceded Turkey's decision, this is a BFD.

So this morning we learned that Turkey's president, Recep Tayyip Erdogan, was hinging his support for Sweden's entry into NATO on the U.S.'s willingness to see F-16s to Turkey. Apparently that was not enough: ~~~

     ~~~ Blackmailer-in-Chief. Ben Hubbard of the New York Times: "President Recep Tayyip Erdogan of Turkey said on Monday that the European Union should open the way for Turkey to join the bloc before Turkey allows Sweden to join NATO, adding a surprising new condition that could further stall the military alliance's efforts to expand. Mr. Erdogan's latest demand came a day before the opening of NATO's two-day annual summit, where leaders, including President Biden, had hoped to secure unanimous approval from member states to allow Sweden to become the 32nd member."

Glenn Thrush of the New York Times: "David C. Weiss, the federal prosecutor in Delaware who has led the criminal investigation of Hunter Biden, on Monday rebutted a key element of testimony to Congress by an Internal Revenue Service official who said that Mr. Weiss complained about being blocked from pursuing the case the way he wanted. In a letter to the Senate Judiciary Committee, Mr. Weiss said that he had never asked Justice Department officials to give him special counsel status to pursue the case, contradicting testimony to the House Ways and Means Committee by the I.R.S. official, Gary Shapley, who said Mr. Weiss had sought that status and been turned down.... Mr. Weiss added in the letter to [Sen. Lindsey] Graham that he had 'never been denied the authority to bring charges in any jurisdiction.'... He [did not] explicitly address a key assertion made by Mr. Shapley: that Biden-appointed U.S. attorneys in California and Washington had blocked Mr. Weiss from prosecuting Hunter Biden on felony tax charges...." ~~~

     ~~~ Marie: The headline here should be something like, "Another GOP Conspiracy Bites the Dust." But this one won't bite the dust just because Weiss has denied some of Shapley's testimony. Jim Jordan is a bulldog, and like the bulldog my grandparents' once had, he will hang on the bull's chest as long as Joe Biden is President.

Jeremy Peters & Alan Feuer of the New York Times: "Of all the distortions and paranoia that Tucker Carlson promoted on his since-canceled Fox News program, one looms large: a conspiracy theory that an Arizona man working as a covert government agent incited the Jan. 6, 2021, assault on the Capitol to sabotage and discredit ... Donald J. Trump and his political movement. What's known about the man -- a two-time Trump voter named Ray Epps -- is that he took part in demonstrations in Washington that day and the night before. He was captured on camera urging a crowd to march with him and enter the Capitol. But at other points, he pleads for calm once it becomes clear the situation is turning violent.... [There is no video evidence he ever went inside the Capitol.] Federal prosecutors have not charged Mr. Epps with a crime..., [but he] could still be indicted.... For more than 18 months, Mr. Carlson insisted that the lack of charges against Mr. Epps could mean only one thing: that he was being protected because he was a secret government agent.... He repeated Mr. Epps's name over and over -- in nearly 20 episodes -- imprinting it on the minds of his viewers.... Now lawyers representing Mr. Epps and his wife are proceeding with plans to sue Fox News for defamation.... First Amendment experts say Mr. Epps has a viable case for defamation...."

Kara Scannell of CNN: "A New York judge has ordered Steve Bannon to pay his former attorneys nearly $500,000 in unpaid legal fees for work on various legal matters, including his fight against a subpoena by the congressional committee investigating the January 6, 2021, US Capitol attack. The law firm Davidoff Hutcher & Citron LLP sued Bannon in February alleging he failed to pay his legal bills for work the lawyers did for him on the congressional investigation as well as criminal investigations into his efforts to crowdfund a wall along the southern US border. In a six-page order issued Friday, Judge Arlene Bluth ordere Bannon to pay $480,487.87 in unpaid bills as well as 'reasonable legal fees' to his former lawyers who brought the lawsuit." MB: What a surprise! Bannon the Scammer doesn't pay his lawyers.

~~~~~~~~~~

Toluse Olorunnipa & William Booth of the Washington Post: "President Biden kicked off his high-stakes visit to Europe with a stop in London, where his meetings on Monday with King Charles III and Prime Minister Rishi Sunak were expected to be among the least contentious of his five-day trip.... White House officials have sought to project a sense of unity around Biden's five-day trip, which will also include meetings at the NATO summit in Vilnius, Lithuania, and a confab with Nordic leaders in Finland.... [BUT] His meetings this week threaten to expose major rifts in the coalition of countries that has spent much of the past 500 days pushing back against Russia's aggression in Ukraine." ~~~

     ~~~ The Guardian is liveblogging President Biden's visit to the U.K. The New York Times is covering Biden's meetings in its Ukraine live updates, also linked below.

Zolan Kanno-Youngs & Mark Landler of the New York Times: President Biden and King Charles III of Britain will meet at Windsor Castle today. They have a lot in common! "The two men ... waited decades for their dream jobs, projecting a sense of normalcy and unity when they finally reached their thrones. They both prefer to ditch executive palaces for their respective retreats. And they share a passion for confronting threats to the environment. The men ... are also united by their challenges. They both face a public increasingly dubious of their institutions. And they both battle skepticism over whether they are the right people to lead the increasingly diverse groups over which they preside. 'As older men in the pinnacle of their careers, they need to redefine what it means to be an older person,' said Arianne Chernock, a professor of history at Boston University..., adding, 'They need to find new ways to connect with a younger multicultural generation.'" ~~~

     ~~~ Marie: I've got news for Prof. Chernock. These two men -- Charles in particular -- have done more connecting with people of other cultures than practically anyone in the world. Other than marrying someone from a remote area of Zambia or moving to a yurt in Mongolia, I don't know what "news ways" either could find to connect.

Amy Goldstein of the Washington Post: "The White House is moving to constrain use of skimpy health plans that ... Donald Trump touted during his administration as an affordable means of insurance -- and that Democrats, including President Biden, have derided for years as junk. The proposal, part of a presidential recitation Friday of recent federal steps to improve Americans' health care, comes after congressional Democrats and consumer-health advocates have pressed Biden as long as he has been in office to act on a long-standing pledge to reverse his predecessor's expansion of the short-term health plans, which are designed as limited-duration products.... The short-term plans charge lower monthly premiums than standard forms of health insurance in exchange for scanty benefits. The plans do not need to comply with consumer protections provided under the Affordable Care Act, including equal treatment of patients with preexisting medical conditions and coverage of 10 categories of health benefits, such as maternity care, mental health services and prescription drugs. The plans also sometimes impose yearly limits on coverage."

Simon Romero, et al., of the New York Times: "... Instead of surging as elected officials and immigration advocates had warned, the number of migrants trying to enter the United States has plummeted following the expiration in May of a pandemic-era border restriction. The unusual scenes of relative calm flow from a flurry of actions the Biden administration has taken, such as imposing stiffer penalties for illegal border crossings, to try to reverse an enormous jump in migrants trying to reach the United States. But it is also the result of tough steps Mexico has taken to discourage migrants from massing along the border, including transporting them to places deep in the country's interior.... The harsh conditions [Mexico imposes] attracted a global spotlight following a devastating fire in March at a Juárez migrant detention center that left dozens dead." MB: For better or for worse, this does kind of deflate Republican blowhards' favorite fear-mongering issues. (Also linked yesterday afternoon.)

Tony Romm of the Washington Post: "Nearly two years after Congress finalized the first in a series of measures to improve the nation's aging infrastructure and combat climate change, some of the GOP lawmakers who originally tried to scuttle the spending are now welcoming it. They have privately courted newly available federal money to improve their local roads, bridges, pipes, ports and internet connections, and publicly celebrated when their cities and states have secured a portion of the aid. The dynamic has created some uncomfortable contrasts, since those same GOP lawmakers still maintain that President Biden's legislative agenda has served as a drag on the nation's economy, worsening inflation. The White House, meanwhile, has seized on Republicans' shifting tone as part of its new campaign to promote 'Bidenomics,' which took Biden and his top advisers to Michigan, Ohio and other 2024 election battlegrounds over the past week to tout their work.... 'All those members of Congress who voted against it suddenly realize how great it is, and they're bragging about it,' Biden said [in South Carolina Thursday]." (Also linked yesterday afternoon.)

Kaffeinating the Kids. Jake Offenhartz of the AP: "An influencer-backed energy drink that has earned viral popularity among children is facing scrutiny from lawmakers and health experts over its potentially dangerous levels of caffeine. On Sunday, Sen. Charles Schumer called on the Food and Drug Administration to investigate PRIME, a beverage brand founded by the YouTube stars Logan Paul and KSI that has become something of an obsession among the influencers' legions of young followers.... Backed by two of YouTube's best known stars, PRIME was an immediate sensation when it launched last year, prompting long lines in grocery stores and reports of school yard resale markets. Advertising itself as zero sugar and vegan, the neon-colored cans are among a growing number of energy drinks with elevated levels of caffeine; in PRIME's case, 200 milligrams per 12 ounces, equivalent to about half a dozen Coke cans or nearly two Red Bulls. That high content prompted bans from some schools in the United Kingdom and Australia where some pediatricians warned of possible health impacts on young children such as heart problems, anxiety, and digestive issues." The company that produces PRIME also makes "a separate sports drink, known as PRIME Hydration, which contains no caffeine at all."

** Linda Greenhouse of the New York Times: "To appreciate [the Supreme Court's] transformation ... [during John Roberts' tenure as Chief Justice], consider the robust conservative wish list that greeted the new chief justice 18 years ago: Overturn Roe v. Wade. Reinterpret the Second Amendment to make private gun ownership a constitutional right. Eliminate race-based affirmative action in university admissions. Elevate the place of religion across the legal landscape. Curb the regulatory power of federal agencies.... By the time the sun set on June 30, the term's final day, every goal on the conservative wish list had been achieved. All of it. To miss that remarkable fact is to miss the story of the Roberts court." Greenhouse points to several cases to show what legal sleights-of-hand the Court's confederates used to accomplish their medieval-facing goals. Well-worth reading in full.

Dimwitted Trumpy Judge Wreaks Havoc on Plans to Ensure Election Integrity. Cat Zakrzewski, et al., of the Washington Post: "A July 4 injunction that places extraordinary limits on the government's communications with tech companies undermines initiatives to harden social media companies against election interference, civil rights groups, academics and tech industry insiders say. After companies and the federal government spent years gutting their content moderation staffs, researchers are pulling back from studying disinformation and key government communications with Silicon Valley are on pause amid unprecedented political scrutiny. With voting in the 2024 primaries just months away, tech companies also are facing new election threats as leaps in artificial intelligence give bad actors new tools to create fake videos, photos and ads. Amid that rapidly changing social media landscape, civil rights groups say U.S. District Judge Terry A. Doughty's order will be a boon for election lies." ~~~

     ~~~ Marie: That's the bad news. The good news is that if Trump is around to scream election fraud in 2024, he'll be right. Always look on the bright side. ~~~

     ~~~ Nick Robins-Early of the Guardian: Doughty's ruling "was a significant milestone in a case that Republicans have pushed as proof that the Biden administration is attempting to silence conservative voices. It is also the latest in a wider rightwing campaign to weaken attempts at stopping false information and conspiracy theories from proliferating online, one that has included framing disinformation researchers and their efforts as part of a wide-reaching censorship regime.... The GOP-controlled House judiciary committee has demanded extensive documents from researchers studying disinformation, and rightwing media has attacked academics and officials who monitor social media platforms. Many of the researchers involved have faced significant harassment, leading to fears of a chilling effect on speaking out against disinformation ahead of the 2024 presidential election.... Research has found that allegations of anti-conservative bias at social media companies have little empirical evidence, with a 2021 New York University study showing that these platforms' algorithms instead often work to amplify rightwing content." And there this about Doughty:

Terry "Doughty, who was appointed by Trump and previously ruled against Biden administration mask and vaccine mandates, is a jurist Republicans specifically seek out when shopping for a favorable forum. He has overseen more multistate challenges to the Biden administration than any other judge, Bloomberg Law reported, despite previously being a little-known justice based in a small city of less than 50,000 people. Legal experts questioned Doughty's injunction against the Biden administration this week, the Associated Press reported, saying that the wide scope of the ruling meant that public health officials could be prevented from sharing their expertise."

Tamia Fowlkes of the Washington Post: "For many voters under 35 years of age, especially those on the left, the Supreme Court has become a political issue in the same way that climate change, gun violence and immigration have over the course of the past two decades, some political scientists and organizers have said.... The court's recent rulings, along with last year's decision striking down the right to abortion established in 1973's Roe v. Wade, could prompt more young people to be active in next year's presidential and congressional elections, some observers predict." (Also linked yesterday.)

Surprise! A Sporty Rich Guy with Integrity. Rick Maese of the Washington Post: "Former AT&T executive Randall Stephenson resigned his position on the PGA Tour's influential policy board in a letter dated Saturday, writing that he had 'serious concerns' about the tour's controversial partnership with the Saudi Arabian Public Investment Fund. Stephenson's resignation suggests the partnership faces significant hurdles if it is to move forward. The first step to the deal getting finalized is securing the approval of the 10-member policy board. Stephenson had been a member of the policy board since 2012, and in his resignation letter he said the framework of the deal 'is not one that I can objectively evaluate or in good conscience support, particularly in light of the U.S. intelligence report concerning Jamal Khashoggi in 2018.'... The Senate Permanent Subcommittee on Investigations, chaired by Sen. Richard Blumenthal (D-Conn.), is holding a hearing Tuesday and will be questioning Jimmy Dunne, the policy board member who helped broker the deal, and Ron Price, the tour's chief operating officer.... The tour sent a memo Sunday evening to its members about Stephenson, thanking him for his service but making no mention of the reasons behind his resignation." The Hill has a summary report here.

Jim Waterson of the Guardian: "A former CNN reporter is suing the news channel for unfair dismissal and racial discrimination after she was severely injured while on assignment in Israel. Saima Mohsin was left disabled after an accident while reporting from Jerusalem on the Israel-Palestine conflict. Her cameraman ran over her foot in a car, causing severe tissue damage that has left the British-Pakistani journalist struggling to sit, stand and walk or return to work full-time. After the incident in 2014 the foreign correspondent claims she requested alternative duties and support for rehabilitation but CNN refused. She also alleges that she asked CNN if she could switch to a presenting role in order to reduce the amount of time spent travelling but was told 'you don't have the look we are looking for'. Three years later the channel terminated her contract. She said she had decided to bring the employment tribunal claim, which is due to be heard in London on Monday, because the network had failed to support her after the life-changing injury." Mohsin is also suing for disability discrimination.

Beyond the Beltway

Zach Montellaro of Politico: "Over the past year and a half, eight Republican-led states quit a nonpartisan program designed to keep voter rolls accurate and up to date. Top Republican election officials in those states publicly argued the program was mismanaged. The conspiracy theorists who cheered them on falsely insisted it was a front for liberals to take control of elections. But experts say the program, known as the Electronic Registration Information Center, was among the best nationwide tool states had to catch people trying to vote twice in the same election. Now, those Republican-led states who left -- and other states who lost access to their data -- are scrambling to police so-called 'double voters' ahead of the presidential election in 2024." MB: As for me, I'm looking forward to voting in all those Republican-led states. (Also linked yesterday afternoon.)

California. As the Tables Turn. Blake Jones of Politico: Three religious-right school board members in a suburb of Temecula, California, in inland Southern California, are facing backlash after "they banned critical race theory and rejected social studies materials that included LGBTQ rights hero Harvey Milk.... After just six months in office, those officials face a recall effort on top of a civil rights investigation launched by the state's Democratic-led education department. Students have held protests, and irate parents and teachers are swarming the board's meetings.... The booing and shouting at a recent public hearing grew so loud that the board president -- who appeared to be wearing a bullet-proof vest under his sweater -- cleared the room.... [There are] other parts of California where social policy pushed by the religious right has met organized resistance." Top state officials, including the governor, AG, & state school superintendent, got involved in the Temecula situation after one of the board members called Milk a pedophile.

Here's a fun story that appeared in the Independent, a former U.K. broadsheet that now appears only online. MB: I don't consider the paper's reports particularly reliable, but this one probably has basis in fact:

Michigan. Now, This Is Disarray! Oliver O'Connell of the Independent, republished by Yahoo! News: "Tensions boiled over within the Michigan Republican Party on Saturday resulting in an altercation at a hotel to which the police were called. The GOP's state committee came together for a meeting at the Doherty Hotel in Clare as members have been feuding over the party's direction and the leadership approach of the new chairwoman, Kristina Karamo, The Detroit News reports. Some Michigan Republicans ... were frustrated to find the meeting was limited only to members of the state committee and was taking place behind a locked door. In an interview with The Detroit News, James Chapman, a Republican from Wayne County, said he had travelled to Clare for the meeting but was forced to listen to it through a locked door. Mr Chapman said he and others said the Pledge of Allegiance together in the lobby outside the meeting, after which he jiggled the doorknob of the meeting room. It was then that Mark DeYoung, chairman of the Clare County Republican Party, approached the door, saw someone flip him off through a small window, and opened it. 'He kicked me in my balls as soon as I opened the door,' Mr DeYoung said, adding that Mr Chapman ran at him and slammed him into a chair. Mr DeYoung gave his account to the outlet over the phone from an emergency room where he said he was being treated for a broken rib. For his part, Mr Chapman alleges that Mr DeYoung had swung at him and said: 'I'll kick your ass.' Mr DeYoung denies this happened. Continuing, Mr Chapman says he removed his glasses, took Mr DeYoung by the legs and knocked him down...." (Also linked yesterday afternoon.)

Way Beyond

Ukraine, et al.

The New York Times' live updates of developments Monday in Russia's war on Ukraine are here. The Guardian's live updates for Monday are here. The Guardian's summary report is here. ~~~

     ~~~ The Washington Post's live briefing for Monday is here: "Russian President Vladimir Putin met with Wagner Group chief Yevgeniy Prigozhin in Moscow five days after his failed mutiny, Kremlin spokesman Dmitry Peskov said at a news conference Monday. The three-hour meeting on June 29 between the two men -- once close allies -- was called by Putin and attended by other Wagner commanders as well, Peskov said.... [President] Biden and Turkish President Recep Tayyip Erdogan discussed Turkey's resistance to Sweden joining NATO in a phone call, Turkish state media reported. The cost of Turkey's acquiescence, officials and analysts say, appears to include a tentative $20 billion deal for American F-16 fighter jets." ~~~

     ~~~ Marie: So Turkey is blackmailing the U.S. in order to secure Turkey's acquiescence to admitting Sweden to NATO. Not a good look, Erdogan. If this all goes down, it's one instance where I hope the poobahs of our military-industrial complex overcharge for their product. Overcharging for military equipment is their specialty, so I have no doubt my hopes will be realized. ~~~

     ~~~ A breaking New York Times story, by Paul Sonne, on the Putin-Prigozhin meeting is here.

Katie Rogers of the New York Times: "President Biden said in an interview that aired on Sunday that Ukraine was not ready for membership in NATO and that it was 'premature' to begin the process to allow Ukraine to join the alliance in the middle of a war. In an interview with CNN's Fareed Zakaria, Mr. Biden said that he did not 'think there is unanimity in NATO about whether or not to bring Ukraine into the NATO family now,' and that the process could take place only after a peace agreement with Russia was in place." The Hill's report is here. (Also linked yesterday.)

News Ledes

AP: "Disgraced sports doctor Larry Nassar, who was convicted of sexually abusing Olympic and college female gymnasts, was stabbed multiple times during an altercation with another inmate at a federal prison in Florida. Two people familiar with the matter told The Associated Press the attack happened Sunday at United States Penitentiary Coleman. The people said he was in stable condition Monday."

New York Times: "People across the South and the West have been scrambling to find relief [from the heat] over the past week, a task that could get even more daunting as a new blast of heat threatens to settle over the Southwest over the coming week. The heat wave, caused by a 'heat dome' of high pressure, is now stationed over the desert Southwest. Experts estimate that more than 50 million people across the United States live in the areas expected to have dangerous levels of heat. A range of excessive heat warnings and heat advisories were in place across the region over the weekend. On Friday, the National Weather Service said that the conditions in Arizona were 'rivaling some of the worst heat waves this area has ever seen.'"

New York Times: "A slow-moving storm system brought heavy rain across a wide section of New York State on Sunday evening, flooding streets, prompting dozens of rescues for drivers whose vehicles were stranded on inundated roads and causing at least one death, the authorities said. The Hudson Valley was the most affected by the storm system on Sunday, with sections of the area getting between five and eight inches of rain, the Nationa Weather Service said.... Trooper Steven V. Nevel of the New York State Police described the search-and-rescue efforts on Sunday night as an 'all hands on deck' endeavor, saying that several bridges had collapsed and many roads were impassable.... Gov. Kathy Hochul said on Sunday night that there were additional 'missing individuals' in Orange County, saying that in one instance a house had been swept away into a stream. She declared a state of emergency for Orange and Ontario Counties on Sunday night." ~~~

     ~~~ Update: The New York Times is liveblogging the "torrential rainfall" in the Northeast.