December 9, 2022

Afternoon Update:

Last night Chris Hayes remarked on something that we also noticed here yesterday:

     ~~~ Marie: It's worth noting, of course, that Trump & his violent revolutionary troops had many co-conspirators who wore nice suits to the insurrection: eight Republican senators & 139 Republican representatives voted to reject the Arizona's and/or Pennsylvania's lawfully-chosen Electors. When a vast number of the very people elected to uphold our democracy choose to upend it, we cannot be all surprised that our country does not do as good a job as Germany or Peru in putting down attempted coups.

Alan Feuer & Maggie Haberman of the New York Times: "A federal judge in Washington was set to hear arguments at a closed-door hearing on Friday about whether to force a representative of Donald J. Trump's presidential office to swear under oath that there are no more classified documents at any of Mr. Trump's properties, according to two people familiar with the matter. The judge, Beryl A. Howell, is also being asked to decide whether to impose financial penalties or issue a contempt finding if no one from Mr. Trump's office agrees to formally vow that, to the best of their knowledge, all of the classified materials he took from the White House when he left office last year have been returned to the government. The hearing, in Federal District Court in Washington, is being held at the request of federal prosecutors who asked Judge Howell in recent days to declare Mr. Trump in contempt of court for failing to obey a grand jury subpoena that was issued in May seeking the return of all of the classified records in his office's possession. The request by the government came after months of frustration with the former president and his lawyers, who have repeatedly made assurances to prosecutors that the sensitive materials had all been returned -- only to find out there were more."

Paul Campos speculates in LG&$ on Kyrsten Sinema's (D-I-Az.) future: "My favorite detail in this is that she won't commit to caucusing with the Democrats, but she expects to keep all her committee assignments!... I do wonder what this means for the 2024 election: Is Arizona going to have an 'independent' on the ballot, along with Democratic and Republican candidates -- a circumstance that would surely hand the seat to the GOP?... Or maybe she's delusional enough to run as the No Labels/Forward reactionary centrist grift candidate for president two years from now, although she would probably have to wrestle Andrew Yang for that particular prize. Maybe the most likely outcome of all this is that she's just going to bail from electoral politics altogether and take an eight-figure bribe from some VC outfit to thank her for her service. Yeech." ~~~

~~~ Robert Farley in LG&$: "... Krysten Sinema has the firm grip on political reality that one would expect of a former member of the Green Party[.]... A fitting end to a pretty useless political career." ~~

~~~ mister mix of Balloon Juice is equally impressed with gentlelady from Arizona: "Krysten Sinema (Clown-AZ) has issued letters patent declaring that she will no longer sully herself with the grimy trappings of partisanship and is therefore a no-labels 'independent'.... Sinema's actions make a seat that was never a gimme an even harder reach for a party that already has an extremely constrained path to holding the Senate in 2024.... I could go on and on about this feckless clown, but instead I'll give Arizona Democrats a suggestion: ask for your money back.... Democrats in Arizona should start a campaign against her now, to drive her negatives to the bottom of the god damned ocean. Her campaign as an 'independent' will end only when her corporate backers get the message that giving her money is throwing it away." ~~~

~~~ Tom Sullivan of Hullabaloo, whose post is topped with a big piece of toast: "Like Donald Trump, the only team she plays for is her own.... Perhaps all the attention Sen. Raphael Warnock has received has starved her of attention.... The switch may shore up her flagging leverage in the Democrats' 51-seat Senate majority. Plus, give her (in her mind) the only hope for hanging onto her seat in 2024. Kari Lake isn't going away."

Derrick Taylor of the New York Times: "The Keystone pipeline system was shut down Wednesday night after its operator, TC Energy, said it had detected an oil spill in northern Kansas. Federal environmental officials said the public was not at risk. An estimated 14,000 barrels of oil spilled into a creek in Washington County, Kan., south of the Nebraska border, TC Energy said in a statement on Thursday. Washington County has a population of about 5,500, according to government data. The Washington County Emergency Management Office said on Facebook on Thursday that residents in and around the county had reported waking up to the smell of gas."

Tennessee. Jonathan Mattise of the AP: "The Tennessee Supreme Court has suspended the law license of a former Tennessee state senator who pleaded guilty last month to violating federal campaign finance laws. The court suspended former Republican Sen. Brian Kelsey's law license Thursday at the request of the Board of Professional Responsibility, pending further orders by the court. The state Supreme Court cited its own rules requiring the suspension because of Kelsey's guilty plea. The board, which oversees regulates the practice of law in Tennessee, said it will hold formal proceedings to determine the final discipline against Kelsey. Kelsey had previously pleaded not guilty to the campaign finance charges in the case related to his failed 2016 congressional campaign, calling them a 'political witch hunt' and claiming he was 'totally innocent.' He then changed his plea in front of a federal judge late last month."

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Niha Masih of the Washington Post: "WNBA star Brittney Griner landed in [San Antonio, Texas] early Friday after being released in a prisoner swap with Russia.... Her wife, Cherelle Griner, and her parents are expected to meet the Olympic gold medalist at a medical facility in San Antonio where she will be taken upon arrival, a senior administration official told CNBC on Thursday." ~~~

~~~ No doubt you remember way back when all Americans celebrated the return of POWs & other Americans detained by adversaries, even if we often held our noses at the compromises the U.S. had to make to get those detainees back home. Well, as Akhilleus pointed out at the end of yesterday's thread, that was then. This is now: ~~~

     ~~~ Lydia O'Connor of the Huffington Post: "Republicans and right-wing media figures have found a litany of reasons to be mad about the release of WNBA star Brittney Griner, who was freed in a prisoner swap Thursday after nearly a year in the Kremlin's clutches. Much of their rhetoric centers on the bigoted assertion that Griner ― a Black, gay athlete who has been vocal about police brutality and racial justice ― is anti-American for being outspoken in politics, and therefore unworthy of rescue by the Biden administration.... Donald Trump had one of the most aggressive attacks Thursday, writing on his social media platform ... that Griner is 'a basketball player who openly hates our Country' and that it was a '"stupid" and unpatriotic embarrassment for the USA' to free her in exchange for Viktor Bout, a notorious Russian arms dealer. His comments were a not-so-subtle reference to Griner's participation in protests against police brutality.... Others suggested Griner was less worthy of release than Paul Whelan, an ex-Marine who has been detained in Russia since 2018 on accusations of being a spy.... 'Why wasn't former Marine Paul Whelan included in this totally one-sided transaction? He would have been let out for the asking,' insisted Trump, who stayed silent on Whelan throughout his presidency. [MB: Russia refused to release Whelan under any conditions.] 'So [Biden] just traded an enemy who smuggles guns and helps shoot Americans for an American who smuggles drugs and shoots basketballs, all while a former US Marine, Paul Whelan, rots in a Russian prison,' Rep. Scott Perry (R-Pa.) tweeted." ~~~

~~~ Alex Gangitano of the Hill: "The White House stressed on Thursday that it is committed to bringing home former Marine Paul Whelan and will remain vigilant over Viktor Bout's release amid a backlash of criticism over a prisoner swap deal that released WNBA star Brittney Griner from months of detention in Russia.... When asked if Russia got a better deal in the swap, [press secretary Karine] Jean-Pierre said, 'Our choice was Brittney or no one at all.'... In an interview with CNN from a Russian prison, Whelan said he was surprised he was not included in the swap but seemed to agree that it was because Russia is holding him to a different standard because of the espionage charges against him."

On Pearl Harbor Day, President Biden welcomed World War II veterans to the White House:

Annie Karni of the New York Times: "The House on Thursday gave final approval to legislation to mandate federal recognition for same-sex marriages, with a bipartisan coalition of lawmakers voting in favor of the measure in the waning days of the Democratic-led Congress. With a vote of 258-169, the landmark legislation cleared Congress, sending it to President Biden to be signed into law and capping an improbable path for a measure that only months ago appeared to have little chance at enactment. Speaker Nancy Pelosi announced the tally triumphantly, banging the gavel repeatedly as if to applaud as members of the House cheered." An NBC News report is here. (Also linked yesterday afternoon.)

Catie Edmondson of the New York Times: "The House on Thursday overwhelmingly passed an $858 billion defense policy bill that would rescind the Pentagon's mandate that troops receive the coronavirus vaccine, pushing past the objections of the Biden administration as lawmakers in both parties united behind another huge increase in military spending." ~~~

     ~~~ Dan Lamothe, et al., of the Washington Post: "The Biden administration fumed Wednesday at the near-certainty that Congress will strip away the Defense Department's requirement that all military personnel be vaccinated against the coronavirus, upending a politically divisive policy that has led to the dismissal of nearly 8,500 service members and numerous lawsuits disputing its fairness. The agreement, brokered as part of the Pentagon's next spending bill, was celebrated by Republicans as a victory for individual choice. It comes despite opposition from President Biden and Defense Secretary Lloyd Austin, who characterized the vaccine mandate as a way of protecting troops from covid-19 and preventing sprawling outbreaks that sideline entire units, undermine the military's readiness and endanger national security.... One senior defense official said that when service members 'inevitability get sick, and if they should die, it will be on the Republicans who insisted upon this.'" (Also linked yesterday afternoon.)

Ann Marimow & Emma Brown of the Washington Post: "Evangelical minister Robert L. Schenck recruited wealthy Christian couples to serve as 'stealth missionaries' at the Supreme Court for about two decades, forging friendships with conservative justices to 'bolster' their views, particularly on abortion, Schenck told the House Judiciary Committee on Thursday. 'Our overarching goals were to gain insight into the conservative justices' thinking and to shore up their resolve to render solid, unapologetic opinions,' Schenck said, describing the mission of the influence campaign he dubbed 'Operation Higher Court.' In written testimony, Schenck, who in recent years has broken with the religious right over issues including abortion and gun rights, said he encouraged his recruits to use tactics like donations to the Supreme Court Historical Society to meet justices -- and to parlay those encounters into deeper relationships to achieve their objectives. Some recruits wrote amicus briefs in cases before the court, his testimony says.... He was subpoenaed to testify as part of an effort by Democrats on the Judiciary Committee to strengthen ethics rules for justices, who -- unlike lower court judges -- are not bound by any code of conduct and are responsible for policing themselves." ~~~

     ~~~ Marie: That last bit isn't precisely true, according to Laurence Tribe, who appeared on Lawrence O'Donnell's MSNBC show last night. Tribe cited two statues that do "bind justices to a code of conduct"; the problem is that there is no enforcing mechanism & no penalty when a justice refuses to abide by the statute. Tribe said that the solution is to "get better justices."

Senate's Drama Queen Retains Her Crown. Jeremy Herb of CNN: "Arizona Sen. Kyrsten Sinema is leaving the Democratic Party and registering as a political independent, she told CNN's Jake Tapper in an ... interview.... Sinema's move away from the Democratic Party is unlikely to change the power balance in the next Senate. Democrats will have a narrow 51-49 majority that includes two independents who caucus with them: Sens. Bernie Sanders of Vermont and Angus King of Maine. While Sanders and King formally caucus with Democrats, Sinema declined to explicitly say that she would do the same. She did note, however, that she expects to keep her committee assignments -- a signal that she doesn't plan to upend the Senate composition, since Senate Majority Leader Chuck Schumer controls committee rosters for Democrats.... Sinema wrote an op-ed in the Arizona Republic released Friday explaining her decision, noting that her approach in the Senate has 'upset partisans in both parties.'" MB: Oh, somewhere Mitch is smiling.

Charlie Savage & Alan Feuer of the New York Times: "A federal appeals court on Thursday brought to an end a special master's review of sensitive documents the F.B.I. had seized from ... Donald J. Trump's private club and residence in Florida, concluding a court fight that had delayed the Justice Department's investigation for nearly three months. The U.S. Court of Appeals for the 11th Circuit in Atlanta acted after Mr. Trump's lawyers chose not to contest its decision last week shutting down a lawsuit by Mr. Trump that had imposed a special master. The court had given him a week to challenge the decision before it took effect. The move ended the special master's review and lifted an injunction that had blocked prosecutors from using the seized materials as evidence. The step formally removed a significant obstacle to the inquiry...." CNN's report is here. ~~~

     ~~~ Marie: It may seem surprising that Trump didn't appeal the court's decision just to delay the inevitable. After all, it's a ploy he has used innumerable times. But Trump declared his presidential candidacy a few weeks ago, & the RNC has said it could no longer pay his legal bills. Sure, there are tens of millions available to Trump in some scam PACs. But Trump likely considers the PAC money his own, so he's less enthusiastic about squandering it. And maybe he's noticed even the special master is costing him. According to the Times report, Trump already has to pay for three month's of his work, as well as ancillary costs.

Basta! Spencer Hsu, et al., of the Washington Post: "Prosecutors have urged a federal judge [-- Beryl Howell --] to hold Donald Trump's office in contempt of court for failing to fully comply with a May subpoena to return all classified documents in his possession, according to people familiar with the matter -- a sign of how contentious the private talks have become over whether the former president still holds any secret papers.... One of the key areas of disagreement centers on the Trump legal team's repeated refusal to designate a custodian of records to sign a document attesting that all classified materials have been returned to the federal government.... If the judge were to agree [to hold Trump's team in contempt], the most likely scenario would be a daily fine until the demands of the contempt motion are met." (Also linked yesterday afternoon.) An ABC News story is here. ~~~

     ~~~ Stephen Ryan, a defense lawyer, told the WashPo that a normal business has a records custodian, but Trump doesn't have one: "The department is in effect asking for something that doesn't exist," Ryan said. Marie: But really, no matter what, would you agree to be Trump's "custodian of records"? What if somebody found, say, top-secret designs for the stealth bomber down at the West Palm Beach U-Stor after the "custodian of records" had signed a sworn affidavit that all classified materials had been returned to the DOJ? A perfectly plausible scenario, frankly. Maybe Trump thought the pictures were cool. Maybe he wanted to share him with one of his children or some Saudi friends. Seems to me the custodian could be charged with a crime or fined and if a custodian were a lawyer, she would lose her law license.

Lock 'em Up. Annie Grayer, et al., of CNN: "The House select committee investigating the January 6, 2021, insurrection is considering criminal referrals for at least four individuals in addition to ... Donald Trump, multiple sources told CNN. The panel is weighing criminal referrals for former White House chief of staff Mark Meadows, right wing lawyer John Eastman, former Justice Department official Jeffrey Clark and Trump's former lawyer Rudy Giuliani...."

Aaron Blake of the Washington Post: "The 2022 election was more or less a status-quo election. But the small shifts had some rather significant consequences. The nine seats House Republicans gained was modest, compared with midterms over the past century, but it was enough for the party to reclaim the chamber. And in the Senate, Democrats surprised most everyone by actually gaining a seat.... But perhaps nowhere were small, targeted victories as key as they were in the battle for state government. As in the Senate, Democrats notched important victories that allowed them to expand their control, despite an environment that narrowly tilted in the GOP's favor. And in the end, Democrats are now in better shape in state government than at any point since the 2010 election.... Despite Republicans winning slightly more seats overall, it was Democrats who were able to flip chambers. They took over four: both chambers in Michigan, and the state Houses in both Minnesota and Pennsylvania."

Mark Maske, et al., of the Washington Post: "Washington Commanders owner Daniel Snyder evaded questions by saying more than 100 times that he did not know or could not recall information and gave 'misleading' answers when he testified remotely in July as part of a congressional investigation of his team's workplace, the House Committee on Oversight and Reform said Thursday in its final report after a nearly 14-month probe. The 79-page report on the Democratic-led investigation gave the strongest indication yet that the team or someone working on its behalf leaked the inflammatory emails that prompted Congress to get involved in October 2021. According to the report, former team president Bruce Allen testified to the committee that a top NFL official told him the team's 'side' leaked the emails that led to Jon Gruden's resignation as coach of the Las Vegas Raiders."

Oliver Darcy of CNN: "A 24-hour strike at The New York Times, a historic demonstration in which more than 1,100 employees are expected to participate, began Thursday at midnight, after management and the union representing staffers failed to reach an agreement for a new contract after more than a year and a half of negotiating.... The NewsGuild of New York, which represents journalists and other staffers at The Times, said in a statement that the walkout was 'due to the company's failure to bargain in good faith, reach a fair contract agreement with the workers, and meet their demands.' The act of protest, which has not been staged by employees at the newspaper of record in decades, will leave many of its major desks depleted of their staff, creating a challenge for the news organization that millions of readers rely on." (Also linked yesterday.)

Sheryl Stolberg of the New York Times: "A new examination by Senate Democrats of how the federal government bungled its early response to the coronavirus pandemic faults ... Donald J. Trump and his administration for numerous missteps while also laying blame on 'multiple systemic problems' that long predated his time in office. The 241-page report, released on Thursday, was produced by the Democratic staff of the Senate Homeland Security and Governmental Affairs Committee.... The report cited inadequate funding, supply chain vulnerabilities, overlapping government roles and other problems that it said 'have been flagged by experts and oversight agencies for years, yet have been largely overlooked by all branches of the federal government.'" (Also linked yesterday afternoon.)

Beyond the Beltway

Colorado. Patricia Mazzei of the New York Times: "The person accused of opening deadly fire in an L.G.B.T.Q. nightclub in Colorado last month had earlier felony charges dropped because family members who the authorities say had been threatened with weapons, ammunition and a homemade bomb would not cooperate with prosecutors, the chief prosecutor in Colorado Springs said on Thursday.... Asked if a red-flag order last year could have prevented the defendant from legally buying more weapons, [D.A. Michael] Allen noted that an initial, temporary order lasts only 14 days. Securing a yearlong order requires meeting a higher burden of proof. 'I don't think based on the conduct of the witnesses in this case that they would have been successful on that,' he said."

Florida. Zoë Richards of NBC: News: "The Florida state representative who sponsored legislation opponents dubbed the 'Don't Say Gay' bill resigned Thursday, a day after he was accused of fraudulently obtaining tens of thousands of dollars from a federal Covid-relief program. State Rep. Joseph Harding, a Republican, said his resignation would be 'effective immediately.' He has been indicted on a slew of charges, including wire fraud, money laundering, making false statements and other crimes."

Way Beyond

Ukraine, et al. The Washington Post's live briefings of developments Friday in Russia's war on Ukraine are here: "Russian President Vladimir Putin doubled down on attacks on energy infrastructure in Ukraine. He accused Kyiv of provoking the strikes, which have battered the country's power grid. 'Yes, we are doing this. But who started it?' Putin asked Thursday, highlighting the attack on Russia's prized Crimea Bridge. International condemnation 'will not prevent us from completing our military objectives,' he said." ~~~

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

U.K. Megan Specia of the New York Times: "Anne Sacoolas, an American who fled Britain in 2019 after fatally striking a teenager with her car, has been handed an eight-month suspended sentence, which likely means she will never face time behind bars. Ms. Sacoolas, who was a U.S. government employee at the time of the crash, was driving on the wrong side of the road in Croughton in central England on Aug. 27, 2019, when she struck 19-year-old Harry Dunn, who was riding a motorcycle. He died a short time later at the hospital. Ms. Sacoolas pled guilty by video link in October to causing Mr. Dunn's death by careless driving."

December 8, 2022

Afternoon Update:

Basta! Spencer Hsu, et al., of the Washington Post: "Prosecutors have urged a federal judge [-- Beryl Howell --] to hold Donald Trump's office in contempt of court for failing to fully comply with a May subpoena to return all classified documents in his possession, according to people familiar with the matter -- a sign of how contentious the private talks have become over whether the former president still holds any secret papers.... One of the key areas of disagreement centers on the Trump legal team's repeated refusal to designate a custodian of records to sign a document attesting that all classified materials have been returned to the federal government.... If the judge were to agree [to hold Trump's team in comtempt], the most likely scenario would be a daily fine until the demands of the contempt motion are met." ~~~

     ~~~ Stephen Ryan, a defense lawyer, told the WashPo that a normal business has a records custodian, but Trump doesn't have one: "The department is in effect asking for something that doesn't exist," Ryan said. Marie: But really, would you agree to be Trump's "custodian of records"? What if somebody found, say, top-secret designs for the stealth bomber down at the West Palm Beach U-Stor after the "custodian of records" had signed a sworn affidavit that all classified materials had been returned to the DOJ? A perfectly plausible scenario, frankly. Maybe Trump thought the pictures were cool. Maybe he wanted to share him with one of his children or some Saudi friends. Seems to me the custodian could be charged with a crime or fined and if a custodian were a lawyer, she would lose her law license.

Annie Karni of the New York Times: "The House on Thursday gave final approval to legislation to mandate federal recognition for same-sex marriages, with a bipartisan coalition of lawmakers voting in favor of the measure in the waning days of the Democratic-led Congress. With a vote of 258-169, the landmark legislation cleared Congress, sending it to President Biden to be signed into law and capping an improbable path for a measure that only months ago appeared to have little chance at enactment. Speaker Nancy Pelosi announced the tally triumphantly, banging the gavel repeatedly as if to applaud as members of the House cheered." An NBC News report is here.

Dan Lamothe, et al., of the Washington Post: "The Biden administration fumed Wednesday at the near-certainty that Congress will strip away the Defense Department's requirement that all military personnel be vaccinated against the coronavirus, upending a politically divisive policy that has led to the dismissal of nearly 8,500 service members and numerous lawsuits disputing its fairness. The agreement, brokered as part of the Pentagon's next spending bill, was celebrated by Republicans as a victory for individual choice. It comes despite opposition from President Biden and Defense Secretary Lloyd Austin, who characterized the vaccine mandate as a way of protecting troops from covid-19 and preventing sprawling outbreaks that sideline entire units, undermine the military's readiness and endanger national security.... One senior defense official said that when service members 'inevitability get sick, and if they should die, it will be on the Republicans who insisted upon this.'"

Sheryl Stolberg of the New York Times: "A new examination by Senate Democrats of how the federal government bungled its early response to the coronavirus pandemic faults ... Donald J. Trump and his administration for numerous missteps while also laying blame on 'multiple systemic problems' that long predated his time in office. The 241-page report, released on Thursday, was produced by the Democratic staff of the Senate Homeland Security and Governmental Affairs Committee.... The report cited inadequate funding, supply chain vulnerabilities, overlapping government roles and other problems that it said 'have been flagged by experts and oversight agencies for years, yet have been largely overlooked by all branches of the federal government.'"

Oliver Darcy of CNN: "A 24-hour strike at The New York Times, a historic demonstration in which more than 1,100 employees are expected to participate, began Thursday at midnight, after management and the union representing staffers failed to reach an agreement for a new contract after more than a year and a half of negotiating.... The NewsGuild of New York, which represents journalists and other staffers at The Times, said in a statement that the walkout was 'due to the company's failure to bargain in good faith, reach a fair contract agreement with the workers, and meet their demands.' The act of protest, which has not been staged by employees at the newspaper of record in decades, will leave many of its major desks depleted of their staff, creating a challenge for the news organization that millions of readers rely on."

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Eric Tucker, et al., of the AP: "President Joe Biden says WNBA star Brittney Griner is safe in American custody and on her way home after being released from Russia in an extraordinary prisoner swap. Biden said in an address from the White House on Thursday that these 'past few months have been hell for Brittney' but that she was in good spirits. Griner was freed in an exchange in which the United States released convicted Russian arms dealer Viktor Bout.... Even so, the fact that the deal was a one-for-one swap was a surprise given that U.S. officials had for months expressed their their determination to bring home both Griner and Paul Whelan, a Michigan corporate security executive jailed in Russia since December 2018 on espionage charges that his family and the U.S. government has said are baseless." ~~~

~~~ Earlier: CNN is reporting on-air that Brittney Griner is free & has been swapped with that Russian arms dealer. No word about Paul Whelan. I'll get up a print report when something becomes available. Update: President Biden is scheduled to speak at 8:30 am ET. Griner is on a plane which has landed in Abu Dhabi.

One Would Think a Screw-up-a-Day -- or More -- Would Rid Us of This Meddlesome Beast:

** Why, Lookie Here. Jacqueline Alemany, et al., of the Washington Post: "Lawyers for ... Donald Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Fla., used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI, according to those people.... A person familiar with the matter said the storage unit had a mix of boxes, gifts, suits and clothes, among other things.... There was no cataloguing of what was put in the storage unit, Trump advisers said...." (Also linked yesterday afternoon. Related stories also were linked yesterday.) ~~~

~~~ "Incredible" & "Unbelievable": Hobnobbing with the Crazy. Olivia Rubin, et al., of ABC News: "A prominent adherent of the QAnon and 'Pizzagate' conspiracy theories posed for photos with ... Donald Trump at his Mar-a-Lago resort Tuesday night after speaking at an event hosted at the club, according to photos and videos posted to social media.... Videos and photos posted to social media appear to show Liz Crokin, a prominent promoter of QAnon and pro-Trump conspiracy theories, speaking at an event at Mar-a-Lago and later posing for photos with Trump. In one photo, the duo make a 'thumbs up' sign together.... The event was billed as a fundraiser in support of a 'documentary' on sex trafficking -- one of the pillars of the QAnon conspiracy theory.... The film ... includes multiple falsehoods and claims of mass sex-trafficking in Hollywood.... 'You are incredible people, you are doing unbelievable work, and we just appreciate you being here and we hope you're going to be back,' Trump said in remarks to the crowd, according to a video of his speech." ~~~

~~~ Maggie Haberman & Michael Bender of the New York Times: "Donald J. Trump's unusually early announcement of a third presidential campaign ... [has] highlight[ed] his vulnerabilities and giv[en] considerable ammunition to those in the G.O.P. arguing to turn the page on him. Since emerging from the November election with a string of humiliating losses to show for his pretensions to be a midterm kingmaker, Mr. Trump has entertained a leading white supremacist and a celebrity antisemite at his South Florida mansion. He has suggested terminating the Constitution -- the one that a president swears to preserve, protect and defend -- in furtherance of his long-running lie that the 2020 election was stolen from him. His business was just convicted on all 17 counts in a tax-fraud case in New York City. And his handpicked candidate for the Senate in Georgia -- Herschel Walker, the football star Mr. Trump employed in a brief stint as a pro football team owner in the 1980s -- went down to defeat Tuesday night after a campaign that will be remembered as a string of scandals and self-inflicted wounds." ~~~

~~ Jonathan Weisman & Maya King of the New York Times: "The Democrats' capstone re-election victory of Senator Raphael Warnock ... quickly had Republican fingers pointing every which way: at Senator Mitch McConnell of Kentucky, the Republican leader accused by detractors of abandoning or belittling embattled Republican Senate candidates; at Senator Rick Scott of Florida, the chairman of the National Republican Senatorial Committee, who many feel badly mismanaged the Senate Republicans' campaign arm; and at [GOP challenger Herschel] Walker himself, for hiding and lying about his past.... For a handful of Republicans, newly emboldened by re-election or retirement to say so aloud, the biggest culprit was [Donald] Trump. In increasingly biting terms, they slammed him for promoting flawed candidates, including Mr. Walker, dividing his party and turning many swing voters against the G.O.P. for the third election cycle in a row. 'I think he's less relevant all the time,' Senator John Cornyn, a Republican of Texas, said of the former president...."

Michael Kranish of the Washington Post: "Democrats on a pair of congressional committees have launched an aggressive new effort to obtain information about whether Jared Kushner's actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed emails and other documents related to ... Donald Trump's son-in-law, the committees on Monday night sent letters to the State and Defense departments requesting material that they say could shed new light on whether 'Kushner's financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.' The letters ... focus on efforts by Kushner and his father, Charles Kushner, to bail out a troubled 41-story Fifth Avenue office building in New York City. The Kushner company in 2018 made a deal with a Canadian company, Brookfield Asset Management, which invested $1.2 billion for a 99-year lease. As a result, the Kushner family company avoided defaulting on a loan that was due the following year. Democrats have long raised questionsabout the deal because the Qatar Investment Authority, a sovereign wealth fund, had a stake in one of Brookfield's investment arms." (Also linked yesterday afternoon.)

** Adam Liptak of the New York Times: "The Supreme Court seemed splintered on Wednesday about whether to adopt a legal theory that would radically reshape how federal elections are conducted, giving state legislatures largely unchecked power to set all sorts of election rules and draw congressional maps warped by partisan gerrymandering. The justices' questioning over three hours of arguments suggested that they were roughly divided into three camps. The three most conservative justices appeared prepared to embrace an expansive version of the theory, while the three liberal justices were adamant that it should be rejected. The remaining members of the court -- Chief Justice John G. Roberts Jr. and Justices Brett M. Kavanaugh and Amy Coney Barrett -- seemed to be searching for a compromise under which state supreme courts would generally have the last word on disputes over state laws governing federal elections but be subject to oversight from federal courts in rare cases. The case concerned the 'independent state legislature' theory, which is based on a reading of the Constitution's Elections Clause, which says, 'The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.'" (This is a major update of a story also linked yesterday.) ~~~

     ~~~ Politico's analysis, by Zach Montellaro & Josh Gerstein, is here. ~~~

     ~~~ Marie: By hook or by crook, if we're to save this semi-democracy & preserve or reinstate its democratic values, we have to neuter the right-wing hegemony of this Supreme Court. They have shattered all the glass of the Overton window & have jumped to the Far Side now. ~~~

     ~~~ Michael Wines of the New York Times has more on the "independent state legislature theory" & the facts behind the case before the Court. "Both legal scholars and respected political figures, including prominent conservative legal figures who have warned against adopting the theory, are calling the case the most important debate over federalism in decades, if not in the nation's history."

Zolan Kanno-Youngs of the New York Times: "Sitting alongside leaders of the Jewish community on Wednesday, Doug Emhoff, the husband of Vice President Kamala Harris, described the rising tide of antisemitism in the United States as an 'epidemic of hate.' Mr. Emhoff, the first Jewish spouse of a vice president or president, has in recent weeks become one of the federal government's more forceful voices against violence and hate speech directed at Jews. 'Words matter,' Mr. Emhoff said at a round table of government officials, rabbis and leaders of advocacy groups to discuss the extremist acts. 'People are no longer saying the quiet parts out loud. They are literally screaming them.' The event took place in an atmosphere of heightened alarm about antisemitism, two weeks after ... Donald J. Trump's dinner with the white supremacist Nick Fuentes and the rapper formerly known as Kanye West, who has recently heaped praise on Adolf Hitler."

Shayna Greene of Politico: "The Biden administration is appealing a judge's ruling against the Title 42 border expulsion policy, which the Trump administration instituted during the coronavirus pandemic and the Biden administration continued on a more limited basis over the past nearly two years.... The administration's strategy is to ask the D.C. Circuit Court to pause the appeal until the New Orleans-based 5th Circuit in Louisiana has decided on a separate case involving Title 42 - a process that could take months and perhaps more than a year. The Trump administration used provisions in Title 42 of the U.S. Code to rapidly expel migrants at the border on the grounds of health concerns when the pandemic first began, although critics said the public health benefits were dubious."

Glenn Thrush & Serge Kovaleski of the New York Times:"A remarkable succession of administrative errors, gross incompetence and health system failures inside the federal prison system led to the bludgeoning death of James (Whitey) Bulger hours after he was transferred to a West Virginia prison in 2018, the inspector general of the Justice Department has found. The inspector general determined that officials in the federal Bureau of Prisons approved the downgrading of Mr. Bulger's medical condition -- even though they had determined he suffered from a life-threatening cardiac condition -- for the sole purpose of moving him out of a secure unit in a Florida prison to the Hazelton federal penitentiary after he threatened a nurse. They took minimal security precautions even though Mr. Bulger, 89, was widely known to have been a federal informant, which put him at heightened risk; they subsequently allowed word of his arrival to spread to hundreds of prison staff and eventually to the inmates who have been charged with beating him to death with a heavy padlock as he sat defenseless in his wheelchair, the report found. Mr. Bulger's death was preventable..., the Justice Department's inspector general, Michael E. Horowitz, concluded in the damning 65-page report." (Also linked yesterday.)

U.S. Border Patrol's "Rising Star" Is a Serial Killer. Edgar Sandoval of the New York Times: "A jury in San Antonio convicted a former Border Patrol agent on Wednesday in the shooting deaths of four women he had encountered in the city of Laredo. The jury returned its verdict after five hours of deliberations, finding Juan David Ortiz, 39, a former supervisory intelligence officer with the U.S. Border Patrol, guilty of capital murder after a nearly two-week trial. Mr. Ortiz faces life in prison. Prosecutors told jurors that Mr. Ortiz had picked up prostitutes over the course of 12 days in the fall of 2018 and had taken them to a remote area. The prosecutors said he used his service weapon to kill them. The killings rattled the border city of Laredo and led to an intense manhunt. Investigators caught a break in the case after a woman who worked as a prostitute told the police that a client had threatened her with a gun and that she narrowly escaped with her life. The woman, Erika Peña, identified her attacker as Mr. Ortiz.... Mr. Ortiz had been a rising star in the Border Patrol...."

Peter Hermann, et al., of the Washington Post: "An off-duty FBI agent fatally shot a man Wednesday evening during an altercation on a Red Line train platform at the Metro Center station, D.C. police said. The incident occurred about 6:30 p.m..., prompting delays and brief panic. Passengers in the station ducked or hit the ground after hearing gunshots, and they said that a train sped through, apparently to avoid danger. D.C. Executive Assistant Chief of Police Ashan M. Benedict said the person who was shot assaulted the agent, and the two got into an altercation. He said one grabbed the other, and they tumbled over a wall that runs along the edge of the platform, away from the tracks. They fell about eight feet, he said. Benedict said the agent fired his gun at some point during the struggle."

Mary Jalonick of the AP: "The House is set to give final approval Thursday to legislation protecting same-sex marriages in federal law, a monumental step in a decadeslong battle for nationwide recognition of such unions that reflects a stunning turnaround in societal attitudes. A law requiring all states to recognize same-sex marriages would come as a relief for hundreds of thousands of couples who have married since the Supreme Court's 2015 decision that legalized those marriages nationwide. The bipartisan legislation would also protect interracial unions by requiring states to recognize legal marriages regardless of 'sex, race, ethnicity, or national origin.' President Joe Biden backs the bill and said he will 'promptly and proudly' sign it into law." ~~~

     ~~~ Speaker Nancy Pelosi in a Washington Post op-ed: "Since the landmark Supreme Court ruling in Obergefell v. Hodges seven years ago, same-sex couples have enjoyed the same marriage protections as other couples. But right now, that fundamental freedom is under real, direct and urgent threat. In June..., Justice Clarence Thomas took explicit aim at marriage equality: urging the court to reconsider Obergefell and upend the lives of countless families across the country. While his legal reasoning is twisted and unsound, we must take Justice Thomas -- and the extremist movement behind him -- at their word. Our Respect for Marriage Act combats this threat by requiring states to recognize same-sex marriages, as long as they are valid in the state where they were performed. It also finally repeals the discriminatory Defense of Marriage Act, so that no future MAGA majority in Congress or president in the White House can wield this policy as a weapon of bigotry.... There remains more work ahead."

Sky Palma of the Raw Story: "The House Ethics Committee said it's investigating Alexandria Ocasio-Cortez (D-NY) in a statement this Wednesday, Forbes reports.... 'Wednesday's statement, attributed to acting Chair Susan Wild (D-Penns.) and Ranking Member Michael Guest (R-Miss.), says the disclosure of the investigation "does not itself indicate that any violation has occurred, or reflect any judgment on behalf of the committee."'"

Kalley Huang of the New York Times: "Ramesh Balwani, the former chief operating officer of the failed blood testing start-up Theranos, was sentenced on Wednesday to nearly 13 years in prison for defrauding investors and patients about the company's business and technology. Mr. Balwani, 58, and his convicted co-conspirator, Elizabeth Holmes, 38, the founder of Theranos, had promised that the start-up would revolutionize health care with machines and tests that could detect some illnesses using just a few drops of blood. But those claims were false, and Theranos became a tale of Silicon Valley's ambition and hype run amok. Mr. Balwani, also known as Sunny, was convicted in July of 10 counts of wire fraud and two counts of conspiracy to commit wire fraud."

Annals of "Journalism," Ha Ha Ha. Candice Ortiz of Mediaite: "Barstool Sports star Francis Ellis has appeared multiple times on Fox News, particularly on the 7 p.m. show hosted by Jesse Watters. But his true feelings about the top-rated cable news network were revealed on an apparent hot mic, where Ellis blasted the network's top hosts as hateful. During an episode of Barstool Rundown published Tuesday, an editing error captured Ellis dishing on the network he said is 'just trafficking in hate.'" MB: Gosh, I guess Ellis has ended his brilliant career at Fox.

Beyond the Beltway

Florida. Patricia Mazzei of the New York Times: "A Republican state lawmaker from Florida who sponsored a law that critics have nicknamed 'Don't Say Gay' was indicted for defrauding a federal loan program designed to help small businesses during the coronavirus pandemic, federal officials said on Wednesday. State Representative Joe Harding of Ocala, Fla., illegally obtained or tried to obtain more than $150,000 in pandemic loans from the Small Business Administration for two corporate entities that had been dormant until he applied for the funds, according to a six-count federal indictment. He was charged with two counts of wire fraud, two counts of making false statements and two counts of money laundering." Politico's story is here. MB: Funny how the fake morality squad is so (allegedly) corrupt.

New York. Jeffery Mays, et al., of the New York Times: "... Sofia Quintanar, a former aide to [New York State Attorney General Letitia] James, said in an interview that she decided to come forward [with her sexual harassment claim] because she believed that the attorney general was protecting her longtime chief of staff, Ibrahim Khan, and withholding any public finding of wrongdoing rather than aggressively pursuing the investigation.... She said ... she believed that Ms. James's office took more care to protect Mr. Khan than the women who accused him of abuse, allowing him to quietly submit his resignation in November with his reputation intact.... Ms. Quintanar, who served as a deputy press secretary in the attorney general's office, said she believed that its approach to her complaint had been far less aggressive than its treatment of harassment allegations against former Gov. Andrew M. Cuomo." Politico's story is here.

Way Beyond

Germany. Aristocrat at the Gates. Christopher Schuetze of the New York Times: "Prince Heinrich XIII of Reuss, a descendant of a 700-year-old noble family that once reigned over a tiny state in eastern Germany, was a relatively obscure figure -- until Wednesday, when he was named as one of the leaders of a group accused of plotting to overthrow the German government.... He was arrested in Frankfurt, where he has both an apartment and offices in the exclusive West End neighborhood.... The House of Reuss reigned until 1918 in a principality around Gera, in present-day Thuringia, that was incorporated into the German Empire. In modern Germany, hereditary nobles have no special legal standing; their titles carry no formal weight.... A Russian citizen identified as Vitalia B., who according to German news outlets was the prince's life partner, and another co-conspirator identified as Norbert G., were arrested closer to the ancestral home of the prince in the vicinity of Bad Lobenstein, in Thuringia. Police officers also raided his castle there, where conspirators occasionally met, MDR [-- a local public broadcaster --] reported. The prince is said to have funded some of the group's activities, according to media reports."

Peru. A Presidential Coup Attempt Goes Awry. Mitra Taj of the New York Times: "It was a day on which much of Peru was focused on Congress, where an impeachment vote was planned against the president on corruption charges. But shortly before noon, the Peruvian leader addressed the country in a surprise televised address. He announced the dissolution of Congress and the installation of an emergency government, stunning political leaders across the spectrum, including his own allies, by effectively trying to carry out what was widely condemned as an attempted coup to cling to power. Government officials resigned en masse. The top court declared the move unconstitutional. And the country's armed forces and the national police issued a joint statement suggesting they would not support him. By day's end, Pedro Castillo, 53, was ousted from power and under arrest. His vice president was sworn in as president and became the first woman to lead Peru." CNN's report is here.

Ukraine, et al.

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

     ~~~ The Washington Post's live briefings for Thursday are here: "Russia's invasion of Ukraine was a 'brutal wake-up' for Europe, which lacks the capabilities needed to defend itself from 'higher level threats,' European Union foreign policy chief Josep Borrell said Thursday at the annual conference of the European Defense Agency.... The Biden administration will meet with oil and gas executives on Thursday to discuss U.S. support for Ukrainian energy infrastructure, ahead of winter and following devastating missile attacks on civilian infrastructure.... A U.N. report found that Russian forces extrajudicially killed at least 441 civilians outside Kyiv during the first weeks of the invasion, in what probably amounts to war crimes. The actual number of civilians summarily killed is likely to be 'considerably higher,' the report found.... Four Ukrainian policemen were killed and four more seriously injured in the Kherson region after a Russian land mine detonated near their patrol, law enforcement officials said Wednesday.... Russian shelling killed 10 people in the city of Kurakhove in the eastern Donetsk region, [President] Zelensky said Wednesday."

Andrew Roth of the Guardian: "Vladimir Putin has admitted Russia's war in Ukraine could turn into a 'long-term process' as he sought to defend an invasion in which Russian troops have been forced to retreat and even airbases deep inside Russia have come under attack. Speaking to members of his personal human rights council on Wednesday, Putin claimed that Russia would not use nuclear weapons first in any conflict, denied that Russian troops were deserting en masse from the field of battle, and claimed he would not need to mobilise more troops, a process that has caused considerable upheaval in Russia. But mainly the Russian president defended the 'special military operation' -- his preferred term for what he openly admitted was a Russian war of conquest that he compared with the territorial ambitions of former Russian tsars." ~~~

     ~~~ Marie: Putin certainly didn't mention that, as reported in the Guardian's Ukraine liveblog for today, "More than 93,000 Russian personnel have been killed since 24 February, a post on Facebook by [Ukraine's] general staff of the armed forces said.... Russia's published statistics show much lower numbers of losses."

December 7, 2022

Afternoon Update:

Kaitlin Collins of CNN: "Lawyers for ... Donald Trump recently hired a team to search four of his properties for any potentially remaining classified materials, according to a source familiar the matter. The team of two searched Trump Tower in New York, the Bedminster golf club and two other properties amid lingering concerns from the Justice Department that not all documents had been returned to the federal government." The story advances a WashPo story linked earlier today. ~~~

     ~~~ ** Update. Why, Lookie Here. Jacqueline Alemany, et al., of the Washington Post: "Lawyers for ... Donald Trump found at least two items marked classified after an outside team hired by Trump searched a storage unit in West Palm Beach, Fla., used by the former president, according to people familiar with the matter. Those items were immediately turned over to the FBI, according to those people.... A person familiar with the matter said the storage unit had a mix of boxes, gifts, suits and clothes, among other things.... There was no cataloguing of what was put in the storage unit, Trump advisers said...."

Adam Liptak of the New York Times: "The Supreme Court is hearing arguments on Wednesday about whether to adopt a legal theory that would radically reshape how federal elections are conducted. The theory would give state legislatures enormous and largely unchecked power to set all sorts of election rules, notably by drawing congressional maps warped by partisan gerrymandering. The Supreme Court has never endorsed the 'independent state legislature' theory, but four of its conservative members have issued opinions that seemed to take it very seriously. The theory is based on a reading of the Constitution's Elections Clause, which says: 'The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof.' Proponents of the strongest form of the theory say this means that no other organ of state government can alter a legislature's actions on federal elections. They say that state supreme courts cannot require state laws to conform to state constitutions, that governors may not use their veto power to reject bills about federal elections, that election administrators may not issue regulations adjusting legislative enactments to take account of, say, a pandemic and that voters may not create independent redistricting commissions to address gerrymandering."

Michael Kranish of the Washington Post: "Democrats on a pair of congressional committees have launched an aggressive new effort to obtain information about whether Jared Kushner's actions on U.S. policy in the Persian Gulf region as a senior White House adviser were influenced by the bailout of a property owned by his family business. Citing previously undisclosed emails and other documents related to ... Donald Trump's son-in-law, the committees on Monday night sent letters to the State and Defense departments requesting material that they say could shed new light on whether 'Kushner's financial conflict of interest may have led him to improperly influence U.S. tax, trade and national security policies for his own financial gain.' The letters ... focus on efforts by Kushner and his father, Charles Kushner, to bail out a troubled 41-story Fifth Avenue office building in New York City. The Kushner company in 2018 made a deal with a Canadian company, Brookfield Asset Management, which invested $1.2 billion for a 99-year lease. As a result, the Kushner family company avoided defaulting on a loan that was due the following year. Democrats have long raised questions about the deal because the Qatar Investment Authority, a sovereign wealth fund, had a stake in one of Brookfield's investment arms."

Glenn Thrush & Serge Kovaleski of the New York Times: "A remarkable succession of administrative errors, gross incompetence and health system failures inside the federal prison system led to the bludgeoning death of James (Whitey) Bulger hours after he was transferred to a West Virginia prison in 2018, the inspector general of the Justice Department has found. The inspector general determined that officials in the federal Bureau of Prisons approved the downgrading of Mr. Bulger's medical condition -- even though they had determined he suffered from a life-threatening cardiac condition -- for the sole purpose of moving him out of a secure unit in a Florida prison to the Hazelton federal penitentiary after he threatened a nurse. They took minimal security precautions even though Mr. Bulger, 89, was widely known to have been a federal informant, which put him at heightened risk; they subsequently allowed word of his arrival to spread to hundreds of prison staff and eventually to the inmates who have been charged with beating him to death with a heavy padlock as he sat defenseless in his wheelchair, the report found. Mr. Bulger's death was preventable..., the Justice Department's inspector general, Michael E. Horowitz, concluded in the damning 65-page report."

~~~~~~~~~~

** Jonathan Weisman & Maya King of the New York Times: "Senator Raphael Warnock defeated his Republican challenger, Herschel Walker, in a runoff election on Tuesday that capped a grueling and costly campaign, secured a 51-seat Democratic majority and gave the first Black senator from Georgia a full six-year term. Mr. Warnock's victory, called by The Associated Press, ended a marathon midterm election cycle in which Democrats defied history, as they limited the loss of House seats that typically greets the party that holds the White House and now gain a seat in the Senate." This is the top-pinned story in a liveblog. The AP's story is here. The Washington Post's story is here. ~~~

     ~~~ Fox 5 Atlanta: "Republican candidate Herschel Walker took to the podium Tuesday night to thank his supporters, his staff, and God for giving him the opportunity to run in Georgia's Senate race after his projected loss to incumbent Democratic Sen. Raphael Warnock. 'The numbers look like they're not going to add up,' Walker, an ally and friend of ... Donald Trump, told supporters at the College Football Hall of Fame in downtown Atlanta. 'There's no excuses in life, and I'm not going to make any excuses now because we put up one heck of a fight.'" MB: A bigger person than Trump.

~~~ Carl Hulse of the New York Times: "Senator Raphael Warnock's victory in Georgia's runoff election on Tuesday delivered Democrats just one additional seat, but that single layer of padding for their majority will hand them exponentially more leeway to control the chamber than they have now.... With an additional vote, Democrats can take much more operational control of the Senate, easing the confirmation of contentious nominees, clearing the way for investigations and in general availing themselves of breathing room on a variety of matters.... Having an edge on [Senate] committees will allow Democrats to overcome Republican opposition, if they can hold together.... An enlarged majority also dilutes the influence of individual senators such as Joe Manchin III, Democrat of West Virginia, who has used his swing-vote status to exert significant control over legislation.... Mr. Warnock's win also secured for Democrats the authority to subpoena witnesses before Senate committees without the cooperation of Republicans...."

Mary Jalonick, et al., of the AP: "Law enforcement officers who defended the U.S. Capitol on Jan. 6, 2021 were honored Tuesday with Congressional Gold Medals nearly two years after they fought supporters of ... Donald Trump in a brutal and bloody attack. House Speaker Nancy Pelosi praised the 'heroes' as she opened the ceremony in the the stately Capitol Rotunda, which was overrun that day when Trump supporters roamed the halls trying to stop Congress from certifying Joe Biden's election." (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: I could not find an isolated clip of Nancy Pelosi's remarks, but this video begins with her presentation. It's worth listening to her brief remarks wherein she pits Abraham Lincoln's most famous speech against Donald Trump's treachery. Masterful. ~~~

     ~~~ Mychael Schnell of the Hill: "In a moment that drew widespread attention, family members of former Capitol Police Office Brian Sicknick -- who died one day after the Capitol attack from natural causes following multiple strokes -- snubbed House Minority Leader Kevin McCarthy (R-Calif.) and Senate Minority Leader Mitch McConnell (R-Ky.) during the ceremony, declining to shake their hands after the medals were presented. The family members were captured on camera shaking hands with Senate Majority Leader Charles Schumer (D-N.Y.), but when they got to McConnell and McCarthy, they continued walking. McConnell's hand was extended during the interaction. 'It's self-explanatory,' Ken Sicknick, the officer's brother, told reporters following the ceremony. 'They came out right away and condemned what happened on Jan. 6. And whatever hold that Trump has on them, they've backstepped, they've danced, they won't admit to wrongdoing.'"(Also linked yesterday afternoon.) ~~~

So Much Losing

** Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Guilty. Ben Protess, et al., of the New York Times: "The Trump Organization, the family real estate business that made Donald J. Trump a billionaire and propelled him from reality television to the White House, was convicted on Tuesday of tax fraud and other crimes, forever tarring the former president and the company that bears his name. The conviction on all 17 counts, after more than a day of jury deliberations in State Supreme Court in Manhattan, stemmed from the company's practice of doling out off-the-books perks to executives: They received luxury apartments, leased Mercedes-Benzes, extra cash at Christmas, even free cable television. They paid taxes on none of it." (This is an update of an item topping a NYT liveblog linked yesterday.) he top, Law & Crime's story is here. (Also linked yesterday afternoon.) ~~~

     ~~~ Update. The Washington Post's story is here. (Also linked yesterday afternoon.)

Amy Gardner, et al., of the Washington Post: "Special counsel Jack Smith has sent grand-jury subpoenas to local officials in Arizona, Michigan and Wisconsin -- three states that were central to ... Donald Trump's failed plan to stay in power following the 2020 election -- seeking any and all communications with Trump, his campaign and a long list of aides and allies. The requests for records arrived in Dane County, Wis.; Maricopa County, Ariz.; and Wayne County, Mich., late last week, and in Milwaukee on Monday, officials said. They are among the first known subpoenas issued since Smith was named last month by Attorney General Merrick Garland to oversee the Jan. 6 Capitol attack case as well as the criminal probe of Trump's possible mishandling of classified documents at his Florida home. The subpoenas, at least three of which are dated Nov. 22, indicates that the Justice Department is extending its examination of the circumstances leading up to the Capitol attack to include local election officials and their potential interactions with the former president and his representatives." The AP's report is here. (Also linked yesterday.)

Luke Broadwater of the New York Times: "The House committee investigating the Jan. 6 attack on the Capitol will issue criminal referrals to the Justice Department based on its inquiry, the panel's chairman said on Tuesday. Representative Bennie Thompson of Mississippi, the Democratic chairman of the committee, told reporters on Capitol Hill that the panel had agreed to take the step, but had not agreed on who would be the subject of the referrals. A subcommittee of four lawyers on the committee -- Representatives Liz Cheney, Republican of Wyoming; Jamie Raskin, Democrat of Maryland; Zoe Lofgren, Democrat of California; and Adam B. Schiff, Democrat of California -- has studied whether to issue criminal referrals to the Justice Department for ... Donald J. Trump and some of his top allies. The group made its recommendations privately on Friday. Among the potential charges they have considered are conspiracy to defraud the United States and obstruction of an official proceeding of Congress." (Also linked yesterday afternoon.)

Trump's Own Lawyers Don't Trust Him. Jacqueline Alemany, et al., of the Washington Post: "Lawyers for ... Donald Trump conducted a search of at least two of his properties for classified materials in recent weeks, after they were instructed by a federal judge to attest they had fully complied with a May grand jury subpoena to turn over all materials bearing classified markings, according to people familiar with the matter. Trump's legal team hired an outside firm to carry out the search of his golf club in Bedminster, N.J., and, more recently, Trump Tower in New York, according to the people.... The team also offered the FBI the opportunity to observe the search, but the offer was declined, the people said.... Trump's lawyers have told the Justice Department that the outside team did not turn up any new classified information during their search, according to people familiar with the process, and have said they utilized a firm that had expertise in searching for documents."

Alexander Bolton of the Hill: "Senate Minority Leader Mitch McConnell (R-Ky.) on Tuesday said anyone who suggests the Constitution could be suspended 'would have a very hard time being sworn in as president of the United States.' McConnell's comments appeared directed squarely at former President Trump, who recently called for the termination of parts of the Constitution.... 'What I'm saying is that it would be pretty hard to be sworn in to the presidency if you're not willing to uphold the Constitution,' McConnell added when asked if he would support Trump if he were the Republican nominee for president in 2024." (Also linked yesterday afternoon.)

AND General Buck Turdgidson Ordered to Testify. Again. Tamar Hallerman of the Atlanta Journal-Constitution: "A Florida appeals court on Tuesday cleared the way for Michael Flynn..., Donald Trump's onetime national security adviser, to testify before a Fulton County special grand jury. The order, from Florida's Second District Court of Appeal, upholds a lower court ruling denying Flynn's push for a stay on his appearance, which is currently scheduled for Dec. 8."

Cleve Wootson & Toluse Olorunnipa of the Washington Post: "President Biden on Tuesday lauded a pair of semiconductor factories taking shape in Phoenix, saying they're a direct result of his economic policies -- a prelude to what is likely to be two years of crisscrossing the country in an effort to persuade voters the bills he's passed are making a difference in their lives. As Biden heads into the slog of divided government, when legislative wins are likely to be much rarer, he faces pressure to remind voters that he made major gains when he had a freer hand, even as some Democrats complain privately that Biden has so far struggled to convey that his agenda is helping ordinary families."

2024 Presidential Race. Kate Rogers & Annie Karni of the New York Times: "Jill Biden ... told President Emmanuel Macron of France at the White House state dinner last week that she and her husband are ready for his re-election campaign, according to two people with knowledge of the discussion. President Biden then joined the French president and the first lady in a playful toast.... The fact that the Bidens were willing to signal to an important foreign ally about the president's plans hints at how committed they are to a second term. The interaction also offered a window into the thinking of Dr. Biden, who has been held up as a decisive voice in her husband's deliberations.... Mr. Macron asked her whether she was ready for another campaign. Absolutely, was Dr. Biden's emphatic reply.... Then Mr. Macron led the table in a toast to Mr. Biden's 2024 campaign. Mr. Macron raised a glass of wine, and Mr. Biden raised his glass of Coca-Cola.... [Dr. Biden's] East Wing is operating as if a second run is assured, according to several people familiar with the situation. But she has also been clear that the decision is her husband's to make."

Eugene Daniels & Sam Stein of Politico: "Come Wednesday, when top White House officials and Jewish leaders convene [a roundtable], it will further cement a status [Doug Emhoff] never set out to have: one of America's foremost Jewish political figures.... Emhoff has responded to his role as second gentleman by embracing his Jewish identity.... He put in place what he called a 'Jewish kitchen cabinet' on his staff to help address the community's issues. This past January, at a meeting on the White House grounds with then-Rep. Ted Deutch, he expressed a desire to find the right notes and role in responding to the rise of antisemitism.... Emhoff's role in future initiatives will not involve crafting policy but uplifting any administration announcements and continuing to speak out."

Craig Whitlock & Nate Jones of the Washington Post: "More than 500 retired U.S. military personnel -- including scores of generals and admirals -- have taken lucrative jobs since 2015 working for foreign governments, mostly in countries known for human rights abuses and political repression, according to a Washington Post investigation. In Saudi Arabia, for example, 15 retired U.S. generals and admirals have worked as paid consultants for the Defense Ministry since 2016.... Most of the retired U.S. personnel have worked as civilian contractors for Saudi Arabia, the United Arab Emirates and other Persian Gulf monarchies, playing a critical, though largely invisible, role in upgrading their militaries. All the while, the gulf countries' security forces have continued to commit human rights abuses at home and beyond their borders. With shared intelligence, aerial refueling and other support from the U.S. government and contractors, Saudi Arabia and the UAE have intervened in Yemen's civil war to disastrous effect, triggering a global humanitarian crisis and killing thousands of civilians, according to United Nations investigators." ~~~

     ~~~ This is the most recent of a seven-part series; all parts are linked at the bottom of this very long article & currently on the WashPo's front page.

A Victory for Republicans Forces an Unnecessary Danger on the Military. Catie Edmondson & John Ismay of the New York Times: "Lawmakers unveiled an $858 billion military policy bill on Tuesday night that would terminate the Pentagon's mandate that troops receive the coronavirus vaccine, a move that the Biden administration has resisted but that came after Republicans threatened to block the bill without it. The decision to scrap the mandate, the product of negotiations between Senate and House leaders in both parties, was a victory for Republicans in a dispute that had added a politically charged and highly emotional issue to the annual military policy debate. Top Republicans, especially Representative Kevin McCarthy of California, the minority leader who is campaigning for speaker, have made getting rid of the mandate a top priority in the bill, arguing that the requirement amounted to federal overreach and eroded military readiness.... Service members are required to be vaccinated against a whole host of viruses."

The Swan Song of Madison Cawthorn. Zoë Richards of NBC News: "The House Ethics Committee directed GOP Rep. Madison Cawthorn of North Carolina to pay nearly $15,000 to a charity Tuesday after finding 'substantial evidence' that he improperly promoted a cryptocurrency while in Congress. The fine caps an investigation announced in May that looked into whether the scandal-plagued lawmaker touted a cryptocurrency known as a Let's Go Brandon coin in which he had a financial interest, and whether he engaged in 'an improper relationship' with an aide on his congressional staff. The committee said in its 81-page report that it did not find evidence of improprieties between Cawthorn and the staffer. However, the subcommittee that conducted the probe said Cawthorn violated rules against conflicts of interest surrounding the cryptocurrency and directed him to pay $14,237.49 to an appropriate charitable organization by Dec. 31. It also found that Cawthorn, 27, failed to file timely reports to the House 'disclosing his transactions relating to the cryptocurrency."

Palling Around with U.S. Adversaries. Gary Fineout of Politico: "Sen. Marco Rubio acknowledged on Tuesday through a spokesperson that he met with indicted ex-Rep. David Rivera [in July 2017] to discuss a potential deal to normalize relations between the United States and Venezuela -- but didn't know that his one-time friend and long-time political ally was working on behalf of strongman Nicolás Maduro. Rubio's dealings with Rivera emerged Monday night after federal authorities arrested and charged the former Miami lawmaker with eight criminal counts, including money laundering, conspiracy and failing to register as a foreign agent for work allegedly connected to the Maduro regime." Rubio also met with a close associate of Maduro's. In August 2022, Rubio told a Miami television statement that Riviera's lobbying for Maduro had "nothing to do with me."

Edward Wong of the New York Times:"A U.S. federal court said in a filing on Tuesday that it was dismissing a lawsuit against the crown prince of Saudi Arabia over the killing of a Saudi columnist who lived in Virginia, after the State Department's determination that the prince has immunity as a head of state or government. The lawsuit filed on behalf of Hatice Cengiz, the fiancée of the columnist, Jamal Khashoggi, named Crown Prince Mohammed bin Salman as the most prominent defendant. Mr. Khashoggi was killed by Saudi agents while visiting Saudi Arabia's consulate in Istanbul in 2018 to get documents for his upcoming wedding." CNN's report is here.

Twitter Clusterfuck, Ctd. Faiz Siddiqui of the Washington Post: "Ads for more than three dozen brands including major corporations appeared on the Twitter pages of white nationalist accounts in recent days after Twitter owner Elon Musk restored hordes of banned users to the social media platform. Promoted tweets from Amazon, Snap, Uber and the U.S. Department of Health and Human Services, among others, appeared inadvertently on the pages of at least two white nationalists, Andrew Anglin and Patrick Casey.... In a vast cost-cutting campaign, Musk fired hundreds of Twitter of employees, including entire teams devoted to content moderation of the site, including ensuring ads not appear on content brands would find objectionable. According to a former Twitter employee..., the accounts must be flagged to prevent advertising from appearing near them -- or they will be treated as ad-eligible."

Beyond the Beltway

Alaska. Ian Livingston & Jacob Feuerstein of the Washington Post: "At the northern tip of Alaska, the city of Utqiagvik on Monday reached its warmest temperature ever observed between November and March, when the mercury shot up to 40 degrees-- 36 degrees above the norm. The record-crushing high temperature was six degrees higher than the next warmest December reading ever measured there, in more than a century of records. It marked yet another exceptional extreme event in a region that is rapidly warming because of human-caused climate change."

California. Killer Robots Nixed for Now. Niha Masih of the Washington Post: "San Francisco's Board of Supervisors voted Tuesday to bar police from using robots to kill, in a striking reversal that comes just a week after it gave law enforcement that right in a limited number of situations. The board had received widespread criticism after voting Nov. 29 to approve a police proposal authorizing law enforcement to deploy remote-controlled, ground-based robots to use deadly force when there is 'imminent' risk to life and alternative measures to subdue the threat do not work. Officials on Tuesday also sent the issue back to a committee for additional review, leaving the policy open to future amendment."

Colorado. Karin Bruilliard & Emily Wax-Thibodeaux of the Washington Post: "Anderson Lee Aldrich, who is accused of fatally shooting five people and wounding 17 others at a Colorado Springs night club last month, was formally charged with 305 counts of murder, hate crimes and assault Tuesday. Aldrich, who appeared in court, allegedly entered the club shortly before midnight armed with a pistol and an assault-style rifle and began firing. Then attack ended when other patrons subdued the assailant, authorities say. Aldrich did not speak at Tuesday's hearing." The AP's report is here. (Also linked yesterday afternoon.) ~~~

     ~~~ Jim Mustian, et al., of the AP: "Anderson Lee Aldrich loaded bullets into a Glock pistol and chugged vodka, ominously warning frightened grandparents not to stand in the way of an elaborate plan to stockpile guns, ammo, body armor and a homemade bomb to become 'the next mass killer.' 'You guys die today and I'm taking you with me,' they quoted Aldrich as saying. 'I'm loaded and ready.' So began a day of terror Aldrich unleashed in June 2021.... But charges against Aldrich for the actions that day were dropped for reasons the district attorney has refused to explain due to the case being sealed and there was no record showing guns were seized under Colorado's 'red flag' law with similarly no explanation from the sheriff. All of it could be one of the most glaring missed warnings in America's sad litany of mass violence because, just a year and a half later, Aldrich was free to carry out the plan to become 'the next mass killer.'"

Florida. Ben Brasch of the Washington Post: "The chief of the Tampa Police Department has resigned after the release of a body-cam video showing the chief flashing her badge to get out of a traffic violation on a golf cart. Mary O'Connor resigned Monday after being asked to leave by Tampa Mayor Jane Castor. That move followed an internal investigation that found she violated department policy and 'compromised her and the city of Tampa's professionalism and ethics by using her position of authority.' A Pinellas County sheriff's deputy stopped O'Connor and her husband on the golf cart about 7:30 p.m. on Nov. 12 after seeing that they were driving without a tag."

Way Beyond

Argentina. Almudena Calatrava of the AP: "Argentine Vice President Cristina Fernández de Kirchner was convicted and sentenced Tuesday to 6 years in prison and a lifetime ban from holding public office for a fraud scheme that embezzled $1 billion through public works projects during her presidency. A three-judge panel found the Peronist leader guilty of fraud, but rejected a charge of running a criminal organization, for which the sentence could have been 12 years in prison. It's the first time an Argentine vice president has been convicted of a crime while in office. The sentence isn't firm until appeals are decided, a process that could take years. She'll remains immune from arrest meanwhile, as long as she can keep getting elected." (Also linked yesterday afternoon.)

China. Chang Che, et al., of the New York Times: "The Chinese government on Wednesday unveiled a broad easing of its strict 'zero Covid' policy, after an extraordinary outburst of discontent in mass street protests a week ago. The changes do not dismantle the policy, but they represent a loosening of measures that have dragged down the economy by disrupting daily life for hundreds of millions of people, forcing many small businesses to close and sending youth unemployment to a record high. Here are the highlights from the announcement."

Germany. QAnon über den Rhein. Melissa Eddy & Erika Solomon of the New York Times: "Special Forces in Germany have arrested 25 people suspected of supporting a domestic terrorist organization that planned to overthrow the government and form its own state, the federal prosecutor said on Wednesday. In early-morning raids carried out across the country, Special Forces officers detained people believed to be members and supporters of the group, which prosecutors said had been formed in the past year and was operating on the conviction that 'Germany is currently ruled by members of a so-called deep state' that needed to be overthrown. Prosecutors said two other people had been arrested outside Germany, one in Austria and another in Italy. The prosecutors described the group, which they did not identify, as being influenced by the ideologies of the conspiracy group QAnon and a right-wing German conspiracy group called the Reichsbürger, or Citizens of the Reich, which believes that Germany's post-World War II republic is not a sovereign country but a corporation set up by the Allies who won the war." The Guardian's report is here.

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

     ~~~ The Washington Post's live briefings for Wednesday are here: "Ukraine's allies are walking a fine line after a series of drone strikes targeting Russian military airfields this week, seeking to acknowledge Ukraine's right to defend itself by hitting military targets, while also balancing concerns about escalating the conflict. Secretary of State Antony Blinken told reporters on Tuesday the United States has 'neither encouraged nor enabled' Ukraine to carry out attacks inside Russia, while a Western official, speaking on condition of anonymity to brief the press, separately said: 'Attacks on legitimate targets would be legal, but that's not to say that we support or endorse.'... Ukrainian President Volodymyr Zelensky visited his country's forces near the front line in the eastern Donetsk region on Tuesday."

Matthew Bigg of the New York Times: "President Volodymyr Zelensky of Ukraine was named Time magazine's person of the year on Wednesday in recognition of his leadership during his country's war against Russia. The magazine also recognized 'the spirit of Ukraine,' pointing to the country's resilience in a rebuke to President Vladimir V. Putin of Russia. The closely watched honor marks the latest step in a remarkable ascent that has seen Mr. Zelensky catapulted from a career as a television comedian, first to the presidency in 2019 and then, this year, to the status of a leader with global stature."