July 29, 2022

** DOJ Ramps Up Investigation of Trump. Evan Perez & Katelyn Polantz of CNN: "Justice Department prosecutors are preparing to fight in court to force former White House officials to testify about ... Donald Trump's conversations and actions around January 6, according to people briefed on the matter. At issue are claims of executive privilege that prosecutors expect the former president to make in order to shield some information from the federal grand jury as the criminal investigation moves deeper into the ranks of White House officials who directly interacted with Trump. DOJ's preemptive move is the clearest sign yet that federal investigators are homing in on Trump's conduct as he tried to prevent the transfer of power to Joe Biden."

Katelyn Polantz of CNN: "Former Justice Department staffer Ken Klukowski, who worked with Jeffrey Clark at the agency, is cooperating in the DOJ's January 6 criminal investigation, after investigators searched and copied his electronic records several weeks ago.... Klukowski's proximity to Clark suggests investigators are seeking more information about the former Justice Department lawyer. Trump had sought to install Clark as attorney general in the days before the January 6 attack on the US Capitol as top officials refused to go along with his vote fraud claims.... Klukowski could provide unique insight into Clark and efforts to subvert the 2020 presidential election. He was at the center of an effort by Trump to get the Justice Department to falsely claim there was significant voter fraud in Georgia and other states that he lost. In the days before January 6, Clark helped Trump devise a plan to oust then-acting Attorney General Jeffrey Rosen, place himself atop the department, and have the DOJ intervene in Georgia to set aside its voting results in order to sway the state to Trump."

Glenn Thrush, et al., of the New York Times: "As the Justice Department investigation into the attack on the Capitol grinds ever closer to ... Donald J. Trump, it has prompted persistent -- and cautionary -- reminders of the backlash caused by inquiries into Mr. Trump and Hillary Clinton during the 2016 presidential campaign. Attorney General Merrick B. Garland is intent on avoiding even the slightest errors, which could taint the current investigation, provide Mr. Trump's defenders with reasons to claim the inquiry was driven by animus, or undo his effort to rehabilitate the department's reputation after the political warfare of the Trump years. Mr. Garland never seriously considered focusing on Mr. Trump from the outset, as investigators had done earlier with Mr. Trump and with Mrs. Clinton during her email investigation, people close to him say. As a result, his investigators have taken a more methodical approach, carefully climbing up the chain of personnel behind the 2020 plan to name fake slates of Trump electors in battleground states that had been won by Joseph R. Biden Jr. That has now led them to Mr. Trump.... [F.B.I. Director Christopher] Wray appears to be proceeding with the same level of caution...." ~~~

     ~~~ Marie: Over the past couple of days, I watched "The Comey Rule," a Showtime miniseries based on James Comey's memoir. IMO, the series is not particularly good, and Jeff Daniels is ever-so miscast as Comey. Despite relying on Comey's book, Daniels portrays Comey as the self-righteous jerk he is. So there's that. I remembered most of what Comey did, but what I did forget was how enraged I was by Comey's stunts, and that was before I knew the FBI was faking it when, right before the election, it leaked a false claim that there was no evidence Trump had colluded with Russians. So if you want to revive your disdain for Comey, the series is worth watching. "The Comey Rule" is now airing on Netflix.

** How Conveeeenient, Part 2. The DHS/Secret Service Cover-up Expands. Carol Leonnig & Maria Sacchetti of the Washington Post: "Text messages for ... Donald Trump's acting Homeland Security Secretary Chad Wolf and acting deputy secretary Ken Cuccinelli are missing for a key period leading up to the Jan. 6 attack on the Capitol.... The Department of Homeland Security notified the agency's inspector general in late February that Wolf's and Cuccinelli's texts were lost in a 'reset' of their government phones when they left their jobs in January 2021.... The office of the department's undersecretary of management also told the government watchdog that the text messages for its boss, undersecretary Randolph 'Tex' Alles, the former Secret Service director, were also no longer available due to a previously planned phone reset. The office of Inspector General Joseph V. Cuffari did not press the department leadership at that time to explain why they did not preserve these records, nor seek ways to recover the lost data.... Cuffari also failed to alert Congress to the potential destruction of government records." The Secret Service is a division of the DHS.>

Melanie Zanona of CNN: "Former acting White House chief of staff Mick Mulvaney was seen by reporters arriving for his interview Thursday with the House select committee investigating January 6, 2021. Mulvaney resigned from his position as special envoy to Northern Ireland in the aftermath of the January 6 attack on the US Capitol. He previously served as ... Donald Trump's acting chief of staff until March 2020, when the President replaced him with Mark Meadows." (This is an update of a story linked yesterday afternoon)

Kyle Cheney of Politico: "The Jan. 6 select committee is preparing to produce 20 witness interview transcripts to the Justice Department amid prosecutors' increasingly public investigation of efforts by Donald Trump and his allies to overturn the 2020 election. 'The Select committee intends to share 20 transcripts,' a committee spokesperson said in a late-Thursday update on the panel's engagement with the Justice Department. 'We have no plans to share additional transcripts at this time.'" ~~~

~~~ Kyle Cheney of Politico: "The Jan. 6 select committee has formalized a path to share witness transcripts and evidence with the Justice Department, its chair Rep. Bennie Thompson (D-Miss.) told Politico Thursday.... Agreement on evidence-sharing would mark a significant milestone as the DOJ inquiry into efforts by Donald Trump and others to overturn the 2020 election enters a more public-facing phase. Federal investigators have sought to access the congressional committee's 1,000-plus witness interview transcripts since April, but the select panel has resisted as its probe continued to generate extraordinary new evidence and witness testimony.... In a wide-ranging interview, Thompson said the select committee is entering an intense period of closed-door work to handle 'housekeeping' matters -- such as how to handle the five GOP members of Congress the panel subpoenaed but who have refused to comply. He said the panel is still mulling decisions about whether to formally request testimony from Trump and former Vice President Mike Pence." (Also linked yesterday afternoon.)

Katherine Faulders, et al., of ABC News: "The House select committee investigating the Jan. 6 attack on the U.S. Capitol is working to secure testimony from a growing number of officials in ... Donald Trump's Cabinet, sources familiar with the matter tell ABC News. Trump's former Treasury Secretary Steven Mnuchin, who reportedly discussed the possibility of invoking the 25th Amendment as a vehicle to remove Trump from office with then-Secretary of State Mike Pompeo, recently sat with committee investigators for a transcribed interview, the sources said. ABC News previously reported that Pompeo is expected to speak with the committee in the coming days, though his interview is not officially scheduled." (Also linked yesterday afternoon.)

Pete Williams of NBC News: "Lawyers for ... Donald Trump are urging a federal appeals court to rule that he cannot be sued for allegedly inciting the 2021 riot at the U.S. Capitol because he has total immunity from such lawsuits.... The former president's lawyers are seeking to shield him from civil lawsuits filed by Democratic members of Congress and two U.S. Capitol Police officers who said they were injured during the siege. U.S. District Judge Amit Mehta pared back some of those claims in February but declined to dismiss all of them. Mehta ruled that Trump was not immune from civil lawsuits and that he was acting as a candidate, not performing one of the duties of his office, when he spoke at a rally before the riot." ~~~

     ~~~ Marie: Lawrence O'Donnell of MSNBC opined that Trump will be a defendant in various lawsuits till the day he dies. Trump's expectation of continuing legal troubles could help explain why he moved his official residence to Florida; Florida is fairly generous to people filing for bankruptcy, and O'Donnell thinks Trump might have to file for bankruptcy sooner or later. It looks to me as if Trump would lose Mar-a-Lardo, though; the protected property has to qualify for a homestead exemption and can't exceed half an acre in a municipality; & the Palm Beach property is 17 acres. Plus, he operates the place as a club now, so. ~~~

     ~~~ While I was checking on the size of the Mar-a-Lago acreage, I read this on the Wikipage: In the early 1980s, Trump "offered the Post family $15 million for [Mar-a-Lago], but they rejected it. Trump purchased the land between Mar-a-Lago and the ocean ... for $2 million, stating he intended to build a home that would block Mar-a-Lago's beach view. The threat caused interest in the property to decline, and Trump ended up getting the property for $7 million in 1985." There has never been a waking moment in Trump's life when he was not acting like a jackass.

Julia Mueller of the Hill: "Former President Trump defended the Saudi-backed LIV Golf tournament planned for his golf club in Bedminster, N.J., against calls from families of 9/11 terror attack victims to back out. 'Nobody's gotten to the bottom of 9/11, unfortunately,' Trump told ESPN Thursday.... 'I've known these people for a long time, in Saudi Arabia, and they've been friends of mine for a long time. They've invested in many American companies ... and frankly, what they're doing for golf is so great,' he said on ESPN Thursday.... Families of victims who died in the Sept. 11, 2001, terrorist attacks condemned Trump for hosting the tournament, slated for this weekend at Trump National Golf Club Bedminster, due to Saudi ties to the attack's plotters." ~~~

~~~ Mariana Alfaro, et al., of the Washington Post: "... Donald Trump was spotted using the presidential seal on multiple items during the LIV Golf tournament at his Bedminster, N.J., golf course. The seal was plastered on towels, golf carts and other items as the former president participated in the pro-am of the Saudi-sponsored tournament Thursday. It is against federal law to use the presidential and vice-presidential seals in ways that could convey 'a false impression of sponsorship or approval by the Government of the United States.'... This is not the first time the display of the seal has been reported at Trump properties.... Last year, a D.C.-based watchdog group [CREW] accused his Bedminster golf club of profiting from using images of the presidential seal.... While violating this law could result in imprisonment of 'not more than six months,' a fine, or both, these punishments are rarely doled out." MB: Some federal entity -- maybe the GAO -- at least should send the Trumpster a cease-and-desist letter.

Abha Bhattarai of the Washington Post: "The U.S. economy shrank again for a second straight quarter, at an annual rate of 0.9 percent, raising concerns the country may be heading into recession and compounding the Biden administration's political challenges as it grapples with decades-high inflation. The new figures, released Thursday by the Bureau of Economic Analysis, come at a tumultuous time for the economy, though economists disagree on the likelihood of a full-fledged slump. In the past, six months of contraction have usually indicated a recession. The official determination is made by a separate panel of experts, though recessions aren't typical when unemployment is near record lows." The AP's report is here. (Also linked yesterday afternoon.) ~~~

~~~ Lydia DePillis of the New York Times highlights significant details: "Consumer spending, which powers the majority of the economy, rose 1 percent on an annualized basis, a marked slowdown from previous months.... Home construction, also referred to as residential fixed investment, sagged 14 percent at an annual rate.... Inventories, which measure the amount of stuff that's been produced or imported but not yet sold, depressed the overall number by more than two percentage points on an annual basis.... Business construction, known as fixed investment in nonresidential structures, dove by 11.7 percent on an annual basis.... Federal government spending shrank 3.2 percent on an annual basis.... Final sales to domestic purchasers ... sank 0.3 percent." Emphasis original. (Also linked yesterday afternoon.) ~~~

~~~ President Biden's statement on the GDP report is here. (Also linked yesterday.)

Paul Krugman of the New York Times: "The U.S. economy is not currently in a recession. No, two quarters of negative growth aren't, whatever you may have heard, the 'official' or 'technical' definition of a recession; that determination is made by a committee that has always relied on several indicators, especially job growth. And as Jerome Powell, the chair of the Federal Reserve, noted yesterday, the labor market still looks strong. That said, the U.S. economy is definitely slowing, basically because the Fed is deliberately engineering a slowdown to bring inflation down. And it's possible that this slowdown will eventually be severe and broad-based enough to get the R-label."

Peter Baker & Jane Perlez of the New York Times: "President Biden and President Xi Jinping of China confronted each other over Taiwan during a marathon phone call on Thursday, but neither side reported any concrete progress on that longstanding dispute or any of the other issues that have flared between the two powers in recent months. In their first direct conversation in four months, Mr. Xi sharply warned the United States against intervening in the conflict with Taiwan while Mr. Biden sought to reassure his counterpart that his administration was not seeking to upset the current situation between the two sides and cautioned that neither should either of them."

President Biden spoke about the Inflation Reduction Act (the Schumer/Manchin deal) and the GDP report Thursday: ~~~

Payback #1. Schumer Rolled McConnell; GOP Senators Take It Out on Sick Veterans. Eugene Scott & Mike DeBonis of the Washington Post: "Senate Republicans on Wednesday blocked a bill to help veterans exposed to toxic burn pits weeks after the measure initially sailed through the Senate with 84 votes, angering Democrats, veterans groups and comedian Jon Stewart, a leading proponent to aid the community. Sen. Jon Tester (D-Mont.), chairman of the Senate Veterans' Affairs Committee, was particularly incensed by the turn of events. Tester, House Speaker Nancy Pelosi (D-Calif.), other lawmakers and Stewart on Thursday morning joined veterans outside the Capitol -- who originally came to Washington to see the bill pass -- to assail the GOP.... Democrats accused Republicans of voting against the bill in retaliation for a deal announced earlier by Senate Majority Leader Charles E. Schumer (D-N.Y.) and Sen. Joe Manchin III (D-W.Va.) that will allow Democrats to move ahead on an economic, health-care and climate package without Republican votes."

Payback #2. Fail. Amy Wang & Marianna Sotomayor of the Washington Post: "The House on Thursday voted to pass the $280 billion Chips and Science Act, a bill that would subsidize domestic semiconductor manufacturing and invest billions in science and technology innovation, in a bid to strengthen the United States' competitiveness and self-reliance in what is seen as a keystone industry for economic and national security. The House passed the legislation on a 243-187 vote, with strong bipartisan support -- despite a last-minute push by House GOP leaders to whip against the bill.... After the stunning news Wednesday night of a deal between Sen. Joe Manchin III (D-W.Va.) and Democratic leaders on a separate climate, health-care and taxes bill, House GOP leaders urged members to oppose the chips bill as retribution, in an effort to deny [President] Biden and Senate Majority Leader Charles E. Schumer (D-N.Y.) a legislative win. Twenty-four Republicans defied the leadership and joined Democrats in backing the measure." The bill now goes to President Biden for signature. CNN's report is here.

Marianne Levine & Anthony Adragna of Politico: "Democrats convened for a private caucus meeting Thursday morning to discuss the stunning Wednesday deal announced by Majority Leader Chuck Schumer and Sen. Joe Manchin (D-W.Va.). During the meeting, Schumer touted the agreement and urged his caucus to pull out all the stops in order to get the bill passed before leaving D.C. for Congress' usual summer recess.... In a sign that Republicans will put up a tough fight against the package, Senate Minority Leader Mitch McConnell (R-Ky.) said Democrats have 'an absolute monstrosity, and we're going to be really aggressively in opposition.'... On top of the parliamentarian's scrubbing [to comply with rules that will allow the bill to pass via a simple majority vote (reconciliation)], Democrats will need full attendance from their 50-member caucus in order to pass the bill. Underscoring how difficult that will be to pull off, Senate Majority Whip Dick Durbin (D-Ill.) tested positive for Covid Thursday; the caucus hasn't had all 50 members voting since the start of the month.... Moderate Sen. Kyrsten Sinema (D-Ariz.) has not yet backed it or publicly commented and did not attend the caucus meeting Thursday morning." (Also linked yesterday afternoon.)

Emily Cochrane & Annie Karni of the New York Times: "Senator Chuck Schumer, the majority leader, and Senator Joe Manchin III, Democrat of West Virginia, were both nursing resentments when they met secretly in a windowless room in the basement of the Capitol last Monday to try to salvage a climate package that was a key piece of their party's agenda. Mr. Schumer was discouraged that Mr. Manchin had said he wasn't ready to do the deal this summer, and might never be. Mr. Manchin was frustrated that Democrats had spent days publicly vilifying him for single-handedly torpedoing their agenda.... It was the start of a frenzied and improbable effort by a tiny group of Democrats, carried out over 10 days and entirely in secret, that succeeded this week in reviving the centerpiece of President Biden's domestic policy plan -- and held out the prospect of a major victory for his party months before the midterm congressional elections.... Should it pass both chambers in the coming weeks, the measure would fulfill longstanding Democratic promises to address soaring health care costs and tax the rich, as well as provide the largest investment toward fighting climate change in American history." ~~~

     ~~~ CNN's How'd-They-Do-That? story is here.

Cruel, Arrogant SOB Mocks World Leaders. Josh Gerstein of Politico: "Justice Samuel Alito, the author of the Supreme Court's earth-shaking decision last month overturning Roe v. Wade, is mocking foreign leaders who lamented his opinion doing away with a half-century of federal constitutional protection for abortion rights in the U.S. During a surprise appearance as a keynote speaker at a religious freedom conference in Rome last week, sponsored by the University of Notre Dame, Alito poked fun at the torrent of international criticism of his opinion for the five-justice court majority." Among those he mocked were Boris Johnson, Emmanuel Macron & Justin Trudeau. Oh, and Prince Harry. MB: Well, yeah, because depriving women of reproductive rights, even when their lives may be at risk, is hilarious. So people who respect human rights are fair game. I would like to wipe the smirk off that prick's face.

Gaetz's Stupid, Cruel Insults Pay Off -- for Abortion Rights. Andrew Jeong of the Washington Post: "Olivia Julianna, the 19-year-old reproductive rights activist who this week turned an insult from Rep. Matt Gaetz (R-Fla.) into a fundraiser, has raised more than $1.3 million for women seeking abortions -- after taking just 72 hours to hit the $1 million mark. The donations inspired by Olivia Julianna, a political strategist for the nonprofit Gen Z for Change, happily surprised abortion rights advocates. The $1.3 million raised by the group by early Friday is more than 10 percent of what the National Network of Abortion Funds -- which includes about 90 abortion funds in the United States and Mexico -- distributed in an entire year. It is also enough to fund thousands of abortions, which cost on average $550 per service."

Noah Weiland & Sharon LaFraniere of the New York Times: "The Biden administration now expects to begin a Covid-19 booster campaign with retooled vaccines in September because Pfizer and Moderna have promised that they can deliver doses by then, according to people familiar with the deliberations. With updated formulations apparently close at hand, federal officials have decided against expanding eligibility for second boosters of the existing vaccines this summer. The new versions are expected to perform better against the now-dominant Omicron subvariant BA.5, although the data available so far is still preliminary. At this point, only Americans over 50 and those over 12 with certain immune deficiencies have been eligible for second booster doses. Although some federal officials pressed to bolster the protection of younger Americans now, officials agreed on the goal of strengthening everyone's immunity in the fall with what is hoped to be a more effective booster, ahead of a possible winter surge of the virus."

Liam Stack of the New York Times: "For gay and bisexual men in New York, the summer has been consumed with ... conversations [about] monkeypox [as] cases spike among men who have sex with men. There is widespread fear of the virus, which primarily spreads through close physical contact and causes excruciating lesions and other symptoms that can lead to hospitalization. There is fear of the isolation and potential stigma of an infection, since those who contract monkeypox must stay home for weeks. And some fear the vaccine itself, in an echo of the hesitancy and mistrust that hindered the coronavirus response. Many are also furious at the lags and fumbles in the government's effort to contain the disease, including delayed vaccines and mixed messaging about how the virus spreads and how people should protect themselves. And some are anxious that monkeypox could be twisted into a political weapon to be used against gay and transgender people, whose rights have come under increasing fire from Republicans in recent months."

Beyond the Beltway

Texas. Mothers Against Greg Abbott go to the darkest of dark comedy:

Wisconsin. Scott Bauer of the AP: "A Wisconsin judge said Thursday that a Republican-ordered, taxpayer-funded investigation into the 2020 election found 'absolutely no evidence of election fraud,' but did reveal contempt for the state's open records law by Assembly Speaker Robin Vos and a former state Supreme Court justice he hired. Dane County Circuit Judge Valerie Bailey-Rihn awarded about $98,000 in attorneys' fees to the liberal watchdog group American Oversight, bringing an end in circuit court to one of four lawsuits the group filed.... The fees will be paid by taxpayers, which is why the judge said she was not also awarding additional punitive damages against Vos. Costs to taxpayers for the investigation, including ongoing legal fees, have exceeded $1 million.... All of American Oversight's lawsuits stem from records requests it made to Vos and Michael Gableman, a former Wisconsin Supreme Court justice hired by Vos in June 2021 to investigate the 2020 presidential election won by President Joe Biden. Vos ordered the investigation under pressure from election loser Donald Trump...."

Way Beyond

Ukraine, et al.

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

     ~~~ The Washington Post's live briefings for Friday are here: "Russian Foreign Minister Sergei Lavrov said a call with U.S. Secretary of State Antony Blinken is being arranged and that it would 'be interesting to listen to Blinken's proposals on a prisoner swap.' Washington is trying to secure the release of WNBA star Brittney Griner and former U.S. Marine Paul Whelan, who are detained in Russia.... The first grain shipments from Ukrainian ports on the Black Sea are expected to begin by the end of the week following confirmation from the United Nations, Ukrainian authorities announced Friday.... Ukraine and pro-Russian forces are accusing each other of killing Ukrainian prisoners of war in an occupied area of the eastern Donetsk region. A minister for the breakaway Donetsk People's Republic said a Ukrainian strike using U.S.-supplied High Mobility Artillery Rocket Systems hit a prison, killing at least 53 Ukrainian troops captured in Mariupol.... Russia is likely using mercenaries from the Wagner Group on the front lines like normal army units, due to major shortages of combat infantry, Britain's Defense Ministry said in its Friday update."

Liz Sly of the Washington Post: "Russian advances in Ukraine have slowed almost to a standstill as newly delivered Western weapons help Ukrainian forces reclaim much of the advantage they had lost in recent months, opening a window of opportunity to turn the tide of the war in their favor again. Russian troops have made no significant territorial gains since the Ukrainian retreat on July 2 from the eastern city of Lysychansk under withering artillery fire. The retreat gave Russia full control over Luhansk, one of the two oblasts, or regions, that make up the broader eastern Donbas area, and it marked Russia's only meaningful strategic success since its retreat from territory around Kyiv in April. The lack of progress may be explained at least in part by the 'operational pause' declared by Russia's Defense Ministry after the seizure of Lysychansk -- to allow Russian troops a chance to 'rest and develop their combat capabilities,' in the words of ... Vladimir Putin."

The New York Times' live updates of developments Thursday in Russia's war on Ukraine are here. The Guardian's live updates are here. (Also linked yesterday afternoon.) ~~~

     ~~~ The Washington Post's live briefings for Thursday are here: "Russia's Foreign Ministry said Thursday that no concrete result has been achieved in U.S.-Russian prisoner exchange negotiations, after Secretary of State Antony Blinken said the United States made a 'substantial proposal' to Moscow for the release of WNBA star Brittney Griner and security consultant Paul Whelan. In Ukraine, air raid sirens blared as strikes were reported outside the capital, Kyiv, and in several other regions. Here's the latest on the war and its global impact." (Also linked yesterday.)

News Lede

AccuWeather: "Heavy rain poured down across eastern Kentucky late Wednesday into Thursday, triggering deadly flash flooding that caused mudslides, washed away homes and roadways and promoted a flash flood emergency. The deluge produced more than 10 inches over a 24-hour period in the hardest-hit areas and came only days after another disastrous flood inundated the St. Louis area. Kentucky Gov. Andy Beshear told CNN early Friday that the death toll had risen to 15 and that number would likely double." ~~~

     ~~~ The New York Times is liveblogging developments in the Kentucky flooding.

July 28, 2022

Afternoon Update:

Abha Bhattarai of the Washington Post: "The U.S. economy shrank again for a second straight quarter, at an annual rate of 0.9 percent, raising concerns the country may be heading into recession and compounding the Biden administration's political challenges as it grapples with decades-high inflation. The new figures, released Thursday by the Bureau of Economic Analysis, come at a tumultuous time for the economy, though economists disagree on the likelihood of a full-fledged slump. In the past, six months of contraction have usually indicated a recession. The official determination is made by a separate panel of experts, though recessions aren't typical when unemployment is near record lows." The AP's report is here. ~~~

~~~ Lydia DePillis of the New York Times highlights significant details: "Consumer spending, which powers the majority of the economy, rose 1 percent on an annualized basis, a marked slowdown from previous months.... Home construction, also referred to as residential fixed investment, sagged 14 percent at an annual rate.... Inventories, which measure the amount of stuff that's been produced or imported but not yet sold, depressed the overall number by more than two percentage points on an annual basis.... Business construction, known as fixed investment in nonresidential structures, dove by 11.7 percent on an annual basis.... Federal government spending shrank 3.2 percent on an annual basis.... Final sales to domestic purchasers ... sank 0.3 percent." Emphasis original. ~~~

~~~ President Biden's statement on the GDP report is here.

Marianne Levine & Anthony Adragna of Politico: "Democrats convened for a private caucus meeting Thursday morning to discuss the stunning Wednesday deal announced by Majority Leader Chuck Schumer and Sen. Joe Manchin (D-W.Va.). During the meeting, Schumer touted the agreement and urged his caucus to pull out all the stops in order to get the bill passed before leaving D.C. for Congress' usual summer recess.... In a sign that Republicans will put up a tough fight against the package, Senate Minority Leader Mitch McConnell (R-Ky.) said Democrats have 'an absolute monstrosity, and we're going to be really aggressively in opposition.'... On top of the parliamentarian's scrubbing [to comply with rules that will allow the bill to pass via a simple majority vote (reconciliation)], Democrats will need full attendance from their 50-member caucus in order to pass the bill. Underscoring how difficult that will be to pull off, Senate Majority Whip Dick Durbin (D-Ill.) tested positive for Covid Thursday; the caucus hasn't had all 50 members voting since the start of the month. And it's still not clear whether the entire caucus is on board with the Manchin-blessed deal. Moderate Sen. Kyrsten Sinema (D-Ariz.) has not yet backed it or publicly commented and did not attend the caucus meeting Thursday morning."

Mychael Schnell & Emily Brooks of the Hill: "House Republican leadership is urging members of its conference to vote against a bill to bolster the domestic chip manufacturing industry and fund scientific research, a reversal from its position earlier in the day that comes hours after Senate Democrats struck a deal on a multibillion-dollar reconciliation package. In a memo to all House GOP offices Wednesday night, leadership recommended that Republican lawmakers vote against the CHIPS-Plus bill, which passed the Senate in a bipartisan vote earlier in the day.... [The agreement between Chuck Schumer & Joe Manchin] agreement that appears to be driving House GOP's opposition to CHIPS-Plus."

Melanie Zanona of CNN: "Former acting White House chief of staff Mick Mulvaney was seen by reporters arriving for his interview Thursday with the House select committee investigating January 6, 2021. Mulvaney resigned from his position as special envoy to Northern Ireland in the aftermath of the January 6 attack on the US Capitol. He previously served as ... Donald Trump's acting chief of staff until March 2020, when the President replaced him with Mark Meadows."

Kyle Cheney of Politico: "The Jan. 6 select committee has formalized a path to share witness transcripts and evidence with the Justice Department, its chair Rep. Bennie Thompson (D-Miss.) told Politico Thursday.... Agreement on evidence-sharing would mark a significant milestone as the DOJ inquiry into efforts by Donald Trump and others to overturn the 2020 election enters a more public-facing phase. Federal investigators have sought to access the congressional committee's 1,000-plus witness interview transcripts since April, but the select panel has resisted as its probe continued to generate extraordinary new evidence and witness testimony.... In a wide-ranging interview, Thompson said the select committee is entering an intense period of closed-door work to handle 'housekeeping' matters -- such as how to handle the five GOP members of Congress the panel subpoenaed but who have refused to comply. He said the panel is still mulling decisions about whether to formally request testimony from Trump and former Vice President Mike Pence."

Katherine Faulders, et al., of ABC News: "The House select committee investigating the Jan. 6 attack on the U.S. Capitol is working to secure testimony from a growing number of officials in ... Donald Trump's Cabinet, sources familiar with the matter tell ABC News. Trump's former Treasury Secretary Steven Mnuchin, who reportedly discussed the possibility of invoking the 25th Amendment as a vehicle to remove Trump from office with then-Secretary of State Mike Pompeo, recently sat with committee investigators for a transcribed interview, the sources said. ABC News previously reported that Pompeo is expected to speak with the committee in the coming days, though his interview is not officially scheduled."

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 Washington Post's live briefings for Thursday are here: "Russia's Foreign Ministry said Thursday that no concrete result has been achieved in U.S.-Russian prisoner exchange negotiations, after Secretary of State Antony Blinken said the United States made a 'substantial proposal' to Moscow for the release of WNBA star Brittney Griner and security consultant Paul Whelan. In Ukraine, air raid sirens blared as strikes were reported outside the capital, Kyiv, and in several other regions. Here's the latest on the war and its global impact."

~~~~~~~~~~

Michael Crowley, et al., of the New York Times: "The Biden administration has offered to free the imprisoned Russian arms dealer Viktor Bout to secure the release of Brittney Griner and Paul N. Whelan, two Americans imprisoned in Russia who the State Department says were wrongfully detained, according to a person familiar with the negotiations. Secretary of State Antony J. Blinken said Wednesday that the United States had 'put a substantial proposal on the table' and that he would soon press for the Americans&' return in his first conversation with his Russian counterpart since Russia invaded Ukraine five months ago. Mr. Blinken's comments represented the first time that the United States had confirmed that it had made a formal proposal to persuade Russia to release Ms. Griner, an American basketball star who has been detained for months on drug charges, and Mr. Whelan, a former U.S. Marine who was sentenced in Russia in 2020 to 16 years in prison on espionage charges." CNN's report, which broke the news, is here. ~~~

     ~~~ Marie: I suppose there will be great celebrations all around if this lopsided trade goes through. As for me, I expect Griner to apologize for freeing the so-called "Merchant of Death," largely on account of her hubris (she went to Russia after the State Department advised Americans against it) & carelessness (she says she accidentally packed the hash). I won't be all surprised if the apology never comes.

Jeff Cox of CNBC: "The Federal Reserve on Wednesday enacted its second consecutive 0.75 percentage point interest rate increase as it seeks to tamp down runaway inflation without creating a recession. In taking the benchmark overnight borrowing rate up to a range of 2.25%-2.5%, the moves in June and July represent the most stringent consecutive moves since the Fed began using the overnight funds rate as the principal tool of monetary policy in the early 1990s." (Also linked yesterday afternoon.) The New York Times report is here.

Katherine Faulders, et al., of ABC News: "Cassidy Hutchinson, a former top adviser to ... Donald Trump's chief of staff Mark Meadows, has recently cooperated with the Department of Justice investigation into the events of Jan. 6, according to sources familiar with the matter. The Justice Department reached out to her following her testimony a month ago before the House committee investigating the Jan. 6 Capitol attack, the sources said." MB: Gosh, Former President* Bullyboy, maybe it was a bad idea to diss Hutchinson after her earlier testimony. (Also linked yesterday.)

Kyle Cheney & Josh Gerstein of Politico: "The Justice Department revealed on Wednesday that it had obtained a new search warrant to access the contents of attorney John Eastman's phone, which it seized from the pro-Trump lawyer last month before transporting it to a lab in Virginia. The development, filed in court via Assistant U.S. Attorney Thomas Windom, came in response to a legal effort by Eastman to block investigators from 'rummaging' through his files. The Justice Department had indicated that it would obtain a warrant that would limit investigators' access to 'evidence of specific federal crimes or specific types of material.' Windom indicated in the filing that the new warrant -- dated July 12 -- included a 'filter protocol' to prevent investigators from accessing privileged material, and that the details of that process had been communicated to Eastman's attorneys.... [An earlier] warrant [obtained in June] did not permit investigators to actually examine the emails, text messages or text devices on those electronics [it seized]."

Spencer Hsu & Rachel Weiner of the Washington Post: "One of two men charged in the Jan. 6, 2021, chemical-spray assault on three police officers at the U.S. Capitol, including Brian D. Sicknick, pleaded guilty to reduced charges Wednesday. West Virginia sandwich shop owner George Tanios, 40, admitted to two counts of misdemeanor trespassing and disorderly conduct on restricted Capitol grounds, a reduction from an earlier 10-count indictment that included felony charges of rioting, assaulting law enforcement officers and obstructing of Congress's certification of President Biden's 2020 election victory. Guidelines call for a sentence of up to a year behind bars; he has already served five months. He will be sentenced Dec. 6.... Neither Tanios [n]or [his co-defendant] is alleged to have caused Sicknick's death."

Norman Lear, in a New York Times op-ed: "Well, I made it. I am 100 years old today.... Reaching my own personal centennial is cause for a bit of reflection on my first century -- and on what the next century will bring for the people and country I love.... I don't take the threat of authoritarianism lightly. As a young man, I dropped out of college when the Japanese attacked Pearl Harbor and joined the U.S. Army Air Forces. I flew more than 50 missions in a B-17 bomber to defeat fascism consuming Europe. I am a flag-waving believer in truth, justice and the American way, and I don't understand how so many people who call themselves patriots can support efforts to undermine our democracy and our Constitution.... If Archie [Bunker] had been around 50 years later, he probably would have watched Fox News. He probably would have been a Trump voter. But I think that the sight of the American flag being used to attack Capitol Police would have sickened him. I hope that the resolve shown by Representatives Liz Cheney and Adam Kinzinger, and their commitment to exposing the truth, would have won his respect." (Also linked yesterday afternoon.)>

Ashley Parker of the Washington Post: "In a forthcoming memoir, Jared Kushner alleges that ... Donald Trump's second chief of staff, John F. Kelly, was viewed within the White House as a bully with a 'Jekyll-and-Hyde' demeanor who once shoved his wife, Ivanka Trump, out of his way after a volatile Oval Office meeting. Kelly denies the allegation." According to Kushner, Kelly later visited Trump in her office and offered "a meek apology, which she accepted." Parker obtained statements that corroborated Kushner's account (one of them from Ivanka Trump), but as she points out, "Many of Trump's staffers also were known for offering competing versions of the same event, often making it difficult to determine the truth of what happened."

Rick Noack of the Washington Post: "Hungarian Prime Minister Viktor Orban is facing backlash after a speech arguing that Europeans should not 'become peoples of mixed race,' although the far-right leader is still slated to speak at the Conservative Political Action Conference in Dallas next week. In the same speech, Orban also appeared to joke about Nazi gas chambers, saying in the context of a European Union proposal to ration natural gas: 'the past shows us German know-how on that.'... 'Let's listen to the man speak,' [CPAC] conference organizer Matt Schlapp told Bloomberg News, even as criticism of the Hungarian leader mounted." (See also story linked under Beyond the Beltway below.) ~~~

~~~ ** Dana Milbank of the Washington Post: "Thank you, Viktor Orban, for showing us where the American right is heading.... [Orban] has enjoyed a fawning interview and favorable broadcasts from Budapest by Fox News's Tucker Carlson, and he has been invited as a featured speaker to next week's Conservative Political Action Conference in Texas alongside a who's who of Republican senators, governors and members of Congress, as well as ... Donald Trump himself. Several such luminaries addressed a CPAC gathering in Hungary in May, at which Trump described Orban as 'a great leader, a great gentleman.'... At its core, Orban's rule has been about sustaining, and being sustained by, white nationalism."

** Emily Cochrane, et al., of the New York Times: "Senator Joe Manchin III of West Virginia ... announced on Wednesday that he had agreed to include hundreds of billions of dollars for climate and energy programs and tax increases in a package to subsidize health care and lower the cost of prescription drugs, less than two weeks after abruptly upending hopes for such an agreement this summer. The package would set aside $369 billion for climate and energy proposals, the most ambitious climate action ever taken by Congress, and raise an estimated $451 billion in new tax revenue over a decade, while cutting federal spending on prescription drugs by $288 billion, according to a summary circulated Wednesday evening. The product of a deal announced by Mr. Manchin and Senator Chuck Schumer, Democrat of New York and the majority leader, it would reduce the federal deficit by about $300 billion, while seeking to push down the cost of health care, prescription medicines and electricity....

"It was not clear what had changed Mr. Manchin's mind since he said not even two weeks ago that he could not support such a package until he saw inflation numbers for July, which are not scheduled to be issued for two more weeks.... His embrace of the plan did not guarantee it would move forward. Several senators declined to comment on the deal upon hearing of it on Wednesday evening until they learned more about it. That included Senator Kyrsten Sinema, an Arizona Democrat who has been another holdout on her party's domestic policy measure." Politico's story is here.

Catie Edmondson of the New York Times: "The Senate on Wednesday passed an expansive $280 billion bill aimed at building up America's manufacturing and technological edge to counter China, embracing in an overwhelming bipartisan vote the most significant government intervention in industrial policy in decades. The legislation reflected a remarkable and rare consensus in an otherwise polarized Congress in favor of forging a long-term strategy to address the nation's intensifying geopolitical rivalry with Beijing, centered around investing federal money into cutting-edge technologies and innovations to bolster the nation's industrial, technological and military strength. It passed on a lopsided bipartisan vote of 64 to 33, with 17 Republicans voting in support." The AP's story is here. (Also linked yesterday afternoon.)

Andrew Jeong of the Washington Post: "Days after being publicly insulted by Rep. Matt Gaetz (R-Fla.) on Twitter, Olivia Julianna, a 19-year-old abortion rights advocate, wrote him a tongue-in-cheek thank-you note on the platform. 'Dear Matt, Although your intentions were hateful, your public shaming of my appearance has done nothing but benefit me,' she wrote after his tweet about her spurred a load of harassment -- as well as a flood of donations to her reproductive rights advocacy organization. In just about a day, she's helped raise approximately $115,000 for the nonprofit Gen Z for Change. At a rally last weekend in Tampa, Gaetz had mocked abortion rights activists, calling them 'disgusting..., [ugly] and overweight.' Olivia Julianna ... criticized the remarks on Twitter, noting the sex-trafficking allegations against Gaetz. In apparent retaliation, Gaetz then tweeted an image of her next to a news story that mentioned his [disparaging] comments from the rally." (Also linked yesterday afternoon.)

Marie: Wherein I am forced to admit that Ted Cruz got something half-right:

Abby Livingston of the Texas Tribune: "U.S. Sen. Ted Cruz ... told The Dallas Morning News that Texas should repeal its now-dormant law that bans gay sex. 'Consenting adults should be able to do what they wish in their private sexual activity, and government has no business in their bedrooms,' Cruz's spokesperson told the newspaper. The Texas Legislature passed the law decades ago. It hasn't been enforceable since 2003, when the U.S. Supreme Court decided in a landmark ruling [-- Lawrence v. Texas --] that it violated the Constitution. There have been regular attempts by Democrats to repeal the law since, but they have repeatedly failed in the Legislature.... But ... Justice Clarence Thomas had suggested that the court reconsider the Lawrence precedent.... [AND] In recent weeks, Cruz has reiterated his opposition to that decision.... Recently on his podcast, Cruz reiterated his belief that the decision [i.e., Lawrence] was 'clearly wrong' on the grounds that states, not the enacting of a federal standard, should govern gay marriage policy." ~~~

     ~~~ Marie: So what Cruz is saying is that even though gay sex is not a Constitutional right & the Supremes should overturn their ruling that it is, Texas (according to Ted's spokesman) should not ban gay sex. As I said, half-right.

Nick Anderson of the Washington Post: "Supreme Court Justice Clarence Thomas has canceled plans to teach a seminar this fall at George Washington University's law school, a few weeks after the private university in the nation's capital had defended the conservative jurist's position on its faculty. The GW Hatchet, a student newspaper, first reported Thomas's withdrawal from the fall teaching assignment Wednesday.... Thomas ... has taught at the D.C. law school since 2011.... [After Thomas wrote his concurring opinion on Dobbs], thousands signed a petition that called for Thomas to be removed from the law school faculty. University leaders resisted those demands...." The co-leader of the seminar, Judge Gregory E. Maggs of the U.S. Court of Appeals for the Armed Forces & a former Thomas clerk, will lead the seminar solo. An AP story is here. None of the articles says whether or not this is a required course, but a statement from Maggs suggests maybe it's an elective.

Smug Punk Loses Defamation Lawsuits Against Media. Aaron Keller of Law & Crime: "After years of politically charged litigation, former Covington Catholic High School student Nick Sandmann has lost a round of high-profile defamation lawsuits against five mainstream media companies at the summary judgment stage.... Sandmann's cases against ABC News, Rolling Stone magazine, CBS News, newspaper and television station owner Gannett, and The New York Times are now officially listed as 'terminated' on the court record. Sandmann sued the five organizations in question -- and a few others, including CNN and NBC -- on March 2, 2020. The lawsuits alleged that various articles and broadcasts defamed Sandmann by characterizing his actions toward Nathan Phillips, a Native American activist, on Jan. 18, 2019 in Washington, D.C., as nefarious.... [Federal District Judge William] Bertelsman suggested that the press did little more than to report Philips' version of the events. Phillips' version of the events were opinions, not facts, the judge concluded." ~~~

     ~~~ Marie: Did I mention that Sandmann & some of his friends were wearing MAGA caps during the confrontation? They were wearing MAGA caps. Speaking of doomed defamation suits ... ~~~

~~~ Litigious J. Trump Threatens to Sue Media. Brett Samuels of the Hill: "Former President Trump on Wednesday said he planned to file a lawsuit against CNN, alleging the network has repeatedly defamed him dating back to his 2016 campaign for the presidency. 'I have notified CNN of my intent to file a lawsuit over their repeated defamatory statements against me,' Trump said in a statement. 'I will also be commencing actions against other media outlets who have defamed me and defrauded the public regarding the overwhelming evidence of fraud throughout the 2020 Election. I will never stop fighting for the truth and for the future of our Country!' The 282-page letter from Trump's attorneys to CNN executives, dated July 21, calls for the network to retract or correct numerous on-air statements and published articles about Trump that the lawyers allege are false and defamatory. The letter goes on to cite dozens of examples, many of which relate to the network's coverage of Trump's repeated claims that the 2020 presidential election was fraudulent." ~~~

~~~ Gosh, why would a money-grubbing cheapskate like Trump spend money on lawyers to bring such a frivolous lawsuit? ~~~

~~~ Oh. Jonathan Karl & Soo Rin Kim of ABC News: "Republican leaders who worry that Donald Trump could hurt their midterm chances by announcing a presidential run too soon are hoping he'll be dissuaded from doing so by the prospect of losing hundreds of thousands of dollars in legal payments, according to an RNC official. Since October 2021, the Republican National Committee has paid nearly $2 million to law firms representing Trump as part of his defense against personal litigation and government investigations. But an RNC official told ABC News that as soon as Trump would announce he is running for president, the payments would stop because the party has a 'neutrality policy' that prohibits it from taking sides in the presidential primary.... RNC officials would not comment on the record for this story." ~~~

     ~~~ Marie: I don't know that the RNC is paying Trump's lawyers for suits he initiates, but maybe. And maybe that suit against CNN will come to an abrupt end if Trump declares himself a candidate in the perhaps futile hope of foreclosing any DOJ criminal case against him.

David McCabe & Mike Isaac of the New York Times: "The Federal Trade Commission on Wednesday filed for an injunction to block Meta, the company formerly known as Facebook, from buying a virtual reality company called Within, potentially limiting the company's push into the so-called metaverse and signaling a shift in how the agency is approaching tech deals. The antitrust lawsuit is the first to be filed under Lina Khan, the commission's chair and a leading progressive critic of corporate concentration, against one of the tech giants. Ms. Khan has argued that regulators must stop violations of competition and consumer protection laws when it comes to the bleeding edge of technology, including virtual and augmented reality, and not just in areas where the companies have already become behemoths. The F.T.C.'s request for an injunction puts Ms. Khan on a collision course with Mark Zuckerberg, Metas chief executive, who is also named as a defendant in the request. He has poured billions of dollars into building products for virtual and augmented reality, betting that the immersive world of the metaverse is the next technology frontier. The lawsuit could crimp those ambitions." (Also linked yesterday afternoon.)

Peter Baker & Michael Shear of the New York Times: "President Biden returned to the Oval Office with a triumphant flair on Wednesday after testing negative for Covid-19, boasting that his mild case was evidence of the progress his administration had made in stemming the pandemic. The president's staff staged a pep rally of sorts in the Rose Garden to celebrate the end of his five-day isolation, welcoming Mr. Biden to the lectern with a rendition of 'Hail to the Chief' and a crowd of cheering aides. Wearing his signature aviator sunglasses, the president removed his mask and declared his personal victory against the coronavirus." (Also linked yesterday afternoon.) ~~~

Joel Achenbach of the Washington Post: "The coronavirus pandemic began in separate viral spillovers -- at least two but perhaps as many as two dozen -- from live animals sold and butchered in late 2019 at the Huanan Seafood Market in Wuhan, China, according to two papers published Tuesday in the journal Science. The publication of the papers, which underwent five months of peer review and revisions by the authors, is unlikely to quell the rancorous debate about how the pandemic began and whether the virus emerged from a Chinese laboratory. And the authors acknowledge there are many unknowns requiring further investigation -- most notably, which animals were involved." MB: Looks like a case where scientists can demonstrate that a conspiracy theory -- that a Wuhan lab either purposely or carelessly developed the coronavirus -- is unlikely but cannot disprove it.

Apoorva Mandavilli of the New York Times: "Easing a shortfall that has plagued the fight against monkeypox for weeks, the Food and Drug Administration announced on Wednesday that it had cleared nearly 800,000 additional doses of vaccine for use. The Biden administration said it would announce allocations for states and jurisdictions on Thursday. The new doses should greatly expand the supply in the United States, but some experts questioned whether they would be enough to meet the demand. Since May, the country has confirmed 3,600 cases, among the highest tallies in the world, and the figure is almost certainly an underestimate."

Beyond the Beltway

Pennsylvania Gubernatorial Race. Trip Gabriel of the New York Times: "Doug Mastriano, the Republican nominee for governor of Pennsylvania, is under increasing scrutiny over his connections to the far-right social media platform Gab and its founder, who has repeatedly made antisemitic remarks defending their ties. Early this month, news emerged that Mr. Mastriano's campaign had paid Gab, a haven for white nationalists and users banned from other platforms, $5,000 for 'consulting,' according to a state filing that was first uncovered by Media Matters for America.... Since then, Mr. Mastriano, a far-right state senator who has falsely argued that the 2020 presidential election was stolen and who rarely speaks to traditional news outlets, has ignored criticism of his association with Gab.... Recent polls have shown [Mastriano] running an unexpectedly close race against the Democratic nominee, Josh Shapiro." ~~~

     ~~~ Marie: Whether or not Mastriano wins the election, the fact that millions of Americans apparently will vote for him makes pretty clear we already are living in a country where neo-Nazis hold great sway. And, no, I don't think this is a glib & baseless reductio ad Hitlerum. This is where we are, and it's terrifying.

Wisconsin Senate Race. Scott Bauer of the AP: "Wisconsin Lt. Gov. Mandela Barnes emerged Wednesday as the clear favorite in what had been a crowded Democratic field seeking to unseat Republican U.S. Sen. Ron Johnson, as his nearest rival dropped out and threw his support behind Barnes. Milwaukee Bucks executive Alex Lasry, who polls showed had been running tight with Barnes, explained his surprising move by saying Barnes had pulled ahead in recent weeks and there was no way he could catch him in the hotly contested primaryfor what is expected to be one of the most hard-fought Senate races this year.... On Monday, Outagamie County Executive Tom Nelson dropped out of the race and endorsed Barnes. Even though Lasry and Nelson are ending their campaigns this week, both of their names will remain on the primary ballot." ~~~

     ~~~ Marie: I know most Republicans won't understand this, but many Democrats run for public office because they are patriots rather than because they want to wield power. Therefore, they are willing to withdraw their candidacies -- even if, like Lasry, they've spent their own millions in their campaigns -- if they believe sacrificing their own efforts could produce a better outcome. And who could argue that dispatching Ron Johnson would not constitute a better outcome?

News Lede

New York Times: "Tony Dow, who became a star at 12 as Wally Cleaver, the barely teenage older brother on the popular 1950s and '60s comedy series 'Leave It to Beaver,' died on Wednesday at his home in Topanga, Calif. He was 77."

July 27, 2022

Afternoon Update:

Jeff Cox of CNBC: "The Federal Reserve on Wednesday enacted its second consecutive 0.75 percentage point interest rate increase as it seeks to tamp down runaway inflation without creating a recession. In taking the benchmark overnight borrowing rate up to a range of 2.25%-2.5%, the moves in June and July represent the most stringent consecutive moves since the Fed began using the overnight funds rate as the principal tool of monetary policy in the early 1990s."

Catie Edmondson of the New York Times: "The Senate on Wednesday passed an expansive $280 billion bill aimed at building up America's manufacturing and technological edge to counter China, embracing in an overwhelming bipartisan vote the most significant government intervention in industrial policy in decades. The legislation reflected a remarkable and rare consensus in an otherwise polarized Congress in favor of forging a long-term strategy to address the nation's intensifying geopolitical rivalry with Beijing, centered around investing federal money into cutting-edge technologies and innovations to bolster the nation's industrial, technological and military strength. It passed on a lopsided bipartisan vote of 64 to 33, with 17 Republicans voting in support." The AP's story is here. ~~~

     ~~~ Quiz. GOP Senators who voted against the bill did so, they said, because

(a) an itty-bitty thing like a microchip should not cost $280BB;
(b) the Internet is a series of tubes & there are already too many people talking into the tubes;
(c) Chuck Schumer;
(d) I don't know anything about it so I'm against it (hint: think Tom Cotton);
(e) all of the above.
Update: More very good reasons below. See Patrick's comment.

Peter Baker & Michael Shear of the New York Times: "President Biden returned to the Oval Office with a triumphant flair on Wednesday after testing negative for Covid-19, boasting that his mild case was evidence of the progress his administration had made in stemming the pandemic. The president's staff staged a pep rally of sorts in the Rose Garden to celebrate the end of his five-day isolation, welcoming Mr. Biden to the lectern with a rendition of 'Hail to the Chief' and a crowd of cheering aides. Wearing his signature aviator sunglasses, the president removed his mask and declared his personal victory against the coronavirus." ~~~

Norman Lear, in a New York Times op-ed: "Well, I made it. I am 100 years old today.... Reaching my own personal centennial is cause for a bit of reflection on my first century -- and on what the next century will bring for the people and country I love.... I don't take the threat of authoritarianism lightly. As a young man, I dropped out of college when the Japanese attacked Pearl Harbor and joined the U.S. Army Air Forces. I flew more than 50 missions in a B-17 bomber to defeat fascism consuming Europe. I am a flag-waving believer in truth, justice and the American way, and I don't understand how so many people who call themselves patriots can support efforts to undermine our democracy and our Constitution.... If Archie [Bunker] had been around 50 years later, he probably would have watched Fox News. He probably would have been a Trump voter. But I think that the sight of the American flag being used to attack Capitol Police would have sickened him. I hope that the resolve shown by Representatives Liz Cheney and Adam Kinzinger, and their commitment to exposing the truth, would have won his respect."

Katherine Faulders, et al., of ABC News: "Cassidy Hutchinson, a former top adviser to ... Donald Trump's chief of staff Mark Meadows, has recently cooperated with the Department of Justice investigation into the events of Jan. 6, according to sources familiar with the matter. The Justice Department reached out to her following her testimony a month ago before the House committee investigating the Jan. 6 Capitol attack, the sources said." MB: Gosh, Former President* Bullyboy, maybe it was a bad idea to diss Hutchinson after he earlier testimony.

Andrew Jeong of the Washington Post: "Days after being publicly insulted by Rep. Matt Gaetz (R-Fla.) on Twitter, Olivia Julianna, a 19-year-old abortion rights advocate, wrote him a tongue-in-cheek thank-you note on the platform. 'Dear Matt, Although your intentions were hateful, your public shaming of my appearance has done nothing but benefit me,' she wrote after his tweet about her spurred a load of harassment -- as well as a flood of donations to her reproductive rights advocacy organization. In just about a day, she's helped raise approximately $115,000 for the nonprofit Gen Z for Change. At a rally last weekend in Tampa, Gaetz had mocked abortion rights activists, calling them 'disgusting..., [ugly] and overweight.' Olivia Julianna ... criticized the remarks on Twitter, noting the sex-trafficking allegations against Gaetz. In apparent retaliation, Gaetz then tweeted an image of her next to a news story that mentioned his [disparaging] comments from the rally."

David McCabe & Mike Isaac of the New York Times: "The Federal Trade Commission on Wednesday filed for an injunction to block Meta, the company formerly known as Facebook, from buying a virtual reality company called Within, potentially limiting the company's push into the so-called metaverse and signaling a shift in how the agency is approaching tech deals. The antitrust lawsuit is the first to be filed under Lina Khan, the commission&'s chair and a leading progressive critic of corporate concentration, against one of the tech giants. Ms. Khan has argued that regulators must stop violations of competition and consumer protection laws when it comes to the bleeding edge of technology, including virtual and augmented reality, and not just in areas where the companies have already become behemoths. The F.T.C.'s request for an injunction puts Ms. Khan on a collision course with Mark Zuckerberg, Meta's chief executive, who is also named as a defendant in the request. He has poured billions of dollars into building products for virtual and augmented reality, betting that the immersive world of the metaverse is the next technology frontier. The lawsuit could crimp those ambitions."

~~~~~~~~~~

** Merrick the Unready Is Ready Now. Carol Leonnig, et al., of the Washington Post: "The Justice Department is investigating ... Donald Trump's actions as part of its criminal probe of efforts to overturn the 2020 election results, according to four people familiar with the matter. Prosecutors who are questioning witnesses before a grand jury -- including two top aides to Vice President Mike Pence -- have asked in recent days about conversations with Trump, his lawyers, and others in his inner circle who sought to substitute Trump allies for certified electors from some states Joe Biden won, according to two people familiar with the matter.... The prosecutors have asked hours of detailed questions about meetings Trump led in December 2020 and January 2021; his pressure campaign on Pence to overturn the election; and what instructions Trump gave his lawyers and advisers about fake electors and sending electors back to the states, the people said. Some of the questions focused directly on the extent of Trump's involvement in the fake-elector effort led by his outside lawyers, including John Eastman and Rudy Giuliani, these people said. In addition, Justice Department investigators in April received phone records of key officials and aides in the Trump administration, including his former chief of staff, Mark Meadows, according to two people familiar with the matter. That effort is another indicator of how expansive the Jan. 6 probe had become, well before the high-profile, televised House hearings in June and July on the subject." A CBS News report is here. ~~~

~~~ Ken Dilanian & Corky Siemaszko of NBC News: "The Justice Department plans to prosecute anyone who was 'criminally responsible for interfering with the peaceful transfer of power from one administration to another,' Attorney General Merrick Garland said Tuesday, speaking more expansively than he has previously about a federal criminal investigation that appears to have moved far beyond the rioters who attacked the Capitol. In an exclusive interview with NBC Nightly News anchor Lester Holt, Garland said that the televised hearings by the House Jan. 6 committee highlighted 'the truth of what happened ... and what a risk it meant for our democracy.' And he acknowledged that Justice Department investigators learned things from the congressional testimony.... 'We intend to hold everyone, anyone who was criminally responsible for the events surrounding Jan. 6, for any attempt to interfere with the lawful transfer of power from one administration to another, accountable. That's what we do. We don't pay any attention to other issues with respect to that,' [Garland told Holt]." Here's the whole NBC Nightly News segment, for those of you who like to read tea leaves: ~~~

~~~ Maggie Haberman & Glenn Thrush of the New York Times in a summary report of developments related to a DOJ criminal investigation of Donald Trump: "Asking questions about Mr. Trump in connection with the electors plot or the attack on the Capitol does not mean the Justice Department has opened a criminal investigation into him...."

Maggie Haberman & Luke Broadwater of the New York Times: "Previously undisclosed emails provide an inside look at the increasingly desperate and often slapdash efforts by advisers to ... Donald J. Trump to reverse his election defeat in the weeks before the Jan. 6 attack, including acknowledgments that a key element of their plan was of dubious legality and lived up to its billing as 'fake.' The dozens of emails among people connected to the Trump campaign, outside advisers and close associates of Mr. Trump show a particular focus on assembling lists of people who would claim -- with no basis -- to be Electoral College electors on his behalf in battleground states that he had lost. In emails reviewed by The New York Times and authenticated by people who had worked with the Trump campaign at the time, one lawyer involved in the detailed discussions repeatedly used the word 'fake' to refer to the so-called electors, who were intended to provide Vice President Mike Pence and Mr. Trump's allies in Congress a rationale for derailing the congressional process of certifying the outcome. And lawyers working on the proposal made clear they knew that the pro-Trump electors they were putting forward might not hold up to legal scrutiny." The article includes many incriminating details of the email exchanges. (Also linked yesterday.) The Raw Story has a summary report here. ~~~

     ~~~ Aaron Blake of the Washington Post: "... both when they were designated on Dec. 14, 2020, and since, these fake electors have almost always been described as a contingency plan.... The idea was supposedly that they needed to be in place just in case the election results were changed before Jan. 6.... Evidence [that surfaced in the NYT report (linked above)], though, suggests that at least some involved might have understood the fake-elector plan differently -- from very early in the process.... The idea was apparently that the slate of fake electors would somehow be kept secret before Jan. 6 and then be sprung on an unsuspecting political world when Congress counted the electoral votes. Precisely why isn't clear, but it's certainly a remarkable plot to overturn democracy." ~~~

     ~~~ Marie: Based on Blake's reporting, it appears to me that the fake electors started out as a contingency plan in case courts or state legislatures made decisions favorable to Trump. But along the way, some of those involved in the plot forgot about the contingency part. At the last minute, for instance, an argument broke out between the Trump campaign & Pennsylvania's fake electors. One fake Pennsylvania elector told CNN "the Trump campaign wanted no contingency, but the fake electors insisted upon it.

Annie Grayer of CNN: "Former acting Defense Secretary Chris Miller told the House select committee investigating the Capitol Hill insurrection that ... Donald Trump never gave him a formal order to have 10,000 troops ready to be deployed to the Capitol on January 6, 2021, according to new video of Miller's deposition released by the committee. 'I was never given any direction or order or knew of any plans of that nature,' Miller said in the video. Miller later said in the video definitively, 'There was no direct, there was no order from the President.'... Trump has previously said that he requested National Guard troops be ready for January 6. He released a statement on June 9 that he 'suggested & offered' up to 20,000 National Guard troops be deployed to Washington, DC, ahead of January 6 claiming it was because he felt 'that the crowd was going to be very large.' The committee released Miller's testimony after already revealing that Trump did not make calls to military personnel or law enforcement to intervene as the Capitol attack was unfolding." ~~~

To remove any doubt: Not only did Donald Trump fail to contact his Secretary of Defense on January 6th (as shown in our hearing), Trump also failed to give any order prior to January 6 to deploy the military to protect the Capitol.

Here is Secretary Miller’s testimony— pic.twitter.com/joucnUHvBB

— January 6th Committee (@January6thCmte) July 26, 2022

Carol Leonnig & Maria Sacchetti of the Washington Post: "A pair of key congressional Democrats called on Department of Homeland Security Inspector General Joseph Cuffari to step aside from his office's investigation into the Secret Service on Tuesday, saying the Trump appointee knew earlier than has been reported that the agency deleted text messages from around the time of the Jan. 6, 2021, attack on the Capitol. Reps. Carolyn B. Maloney (D-N.Y.), who heads the House committee that oversees inspectors general, and Bennie G. Thompson (D-Miss.), chairman of the Jan. 6 committee and the Homeland Security Committee, said the inspector general's office admitted in congressional briefings that it became aware that agents' text messages were erased in December 2021 [[ two months earlier than reported. But Cuffari did not report that to Congress until this month. The lawmakers said these and other omissions have broken their faith in Cuffari's ability to lead the investigation, and they urged the Council of the Inspectors General on Integrity and Efficiency, an independent entity in the executive branch, to appoint another inspector general to handle the Secret Service probe."

Spencer Hsu of the Washington Post: "A District man who assaulted three police officers and shattered a riot shield with a pole was sentenced to 63 months in prison Tuesday, matching the longest sentence handed down to a defendant convicted in the Jan. 6, 2021, Capitol attack. Mark K. Ponder, 56, admitted to fighting with police in video-recorded confrontations between 2:31 p.m. and 2:48 p.m. that day in the area of the lower west terrace of the Capitol, which was overrun by a violent mob angered by President Donald Trump's false claims that the 2020 election was stolen. Ponder pleaded guilty April 22 to one count of assaulting an officer using a dangerous weapon. 'He was leading the charge,' U.S. District Judge Tanya S. Chutkan said...." The AP's report is here.

Presidential Race 2024

Michael Bender of the New York Times: "In addresses from two hotel ballrooms less than a mile apart in Washington, [Donald] Trump and Mike Pence, the vice president whom he had left at the mercy of a mob of his supporters during the Capitol riot, put on clear display one of the most uncomfortable splits inside their party. The competing speeches on the same day would have been inconceivable for a former president and his own vice president not long ago.... In his 90-minute speech, Mr. Trump repeatedly veered off script to complain about 'hoax' investigations, boast about surviving two impeachments and lie about his 2020 election loss. Mr. Pence, by contrast, urged the party to look ahead and unite for the next political battles." ~~~

     ~~~ Stephanie Ruhle of MSNBC noted that Fox "News" carried none of Trump's speech; Fox played 17 minutes of Pence's remarks.

Yada Yada Yada. Jill Colvin of the AP: "... Donald Trump returned to Washington for the first time since leaving office Tuesday, vigorously repeating his false election claims that sparked the Jan. 6 insurrection at the nearby Capitol. 'It was a catastrophe that election. A disgrace to our country,' he said, insisting despite all evidence that he had won in 2020. 'We may just have to do it again,' he said, repeating as he does in all recent appearances the ever-clearer hints that he will run again in 2024. He [received] frequent applause and cheers from his audience, a meeting organized by a group of former White House officials and Cabinet members who have been crafting an agenda for a possible second Trump term." MB: Such a shame that Garland & the WashPo ruined Trump's triumphal return to his very temporary home. (Also linked yesterday.)

Olafimihan Oshin of the Hill: "Marc Short, a top aide to former Vice President Mike Pence, slammed Rep. Matt Gaetz (R-Fla.) for telling a crowd ... at the Turning Point USA Student Action Summit ... over the weekend that Pence could never be president.... 'Well, I don't know if Mike Pence will run for president in 2024, but I don't think Matt Gaetz will have an impact on that,' Short told [CNN's Erin] Burnett. 'In fact, I'd be surprised if he was still voting, it's more likely he'll be in prison for child sex trafficking by 2024.... And I'm actually surprised that Florida law enforcement still allows him to speak to teenage conferences like that, so I'm not too worried about Matt Gaetz,' he added, referring to the event being attended by young conservative students." (Also linked yesterday.) ~~~

~~~ Michael Luciano of Mediaite: "The House of Representatives voted overwhelmingly to reauthorize the Victims of Trafficking and Violence Protection Act, which has been repeatedly green-lit by Congress and every president since its passage in 2000. The House of Representatives voted overwhelmingly to reauthorize the Victims of Trafficking and Violence Protection Act, which has been repeatedly green-lit by Congress and every president since its passage in 2000.... All 20 votes against the measure were cast by Republicans, including Rep. Matt Gaetz (R-FL), who, according to a report last year is under investigation by the Department of Justice as to whether he had a sexual relationship with a 17-year-old who may have been trafficked for the purpose of engaging in sex." The usual suspects also voted against the bill. Thanks to Akhilleus for the link. See also his commentary below. ~~~

     ~~~ Marie: Other than Gaetz, who has a vested interest in limiting the reach of sex trafficking laws, it's hard to understand why the usual suspects also seem to favor sex trafficking. Either they voted in solidarity with Matt, or they hope to encourage Hillary & the other Democrats who they think are trafficking in children or something at the Comet Ping Pong Pizza place in D.C.

Hawley's Also-Ran Hopes Dashed. Tom Boggioni of the Raw Story: "According to a report from the New Republic's Alex Shepard, any hope that Sen. Josh Hawley (R-MO) had of becoming a star in the Republican Party firmament has decidedly crashed to earth and burned as he has become a pathetic object of ridicule -- particularly after being publicly humiliated the House committee investigating the Jan 6th riot. As Shepard notes, the enduring image of Hawley -- the author of the upcoming 'Manhood: The Masculine Virtues America Needs' -- running away from violent Trump fans he encouraged on Jan 6th will haunt him the rest of his political career.... [Shepard wrote,] 'In February, [Hawley] received 0.2 percent of the vote when the Conservative Political Action Conference held its annual presidential straw poll.'" strong> MB: That's not two percent; that's two-tenths of one percent. ~~~

     ~~~ Scott Lemieux in LG&$ publishes a couple of excerpts of Shepard's article. The New Republic essay, which is firewalled, is here.

Glenn Thrush of the New York Times: "Widespread drug abuse, substandard medical and mental health care, out-of-control violence and horrific sanitary conditions are rampant at a federal prison in Atlanta, a new congressional investigation into the federal Bureau of Prisons has found. The problems plaguing the medium-security prison, which holds around 1,400 people, are so notorious within the federal government that its culture of indifference and mismanagement is derisively known among bureau employees as 'the Atlanta way.' But whistle-blowers, including two top prison officials, documented the depth of dysfunction at U.S. Penitentiary Atlanta during a Senate subcommittee hearing on Tuesday, describing dozens of violent episodes -- and the systematic effort to downplay and cover up the crisis -- over the past few years.... The conditions at the prison, while extreme, reflect wider problems in the bureau's sprawling network of 122 facilities housing about 158,000 inmates. The system has suffered from chronic overcrowding, staffing shortages, corruption, sexual violence and a culture that often encourages senior officials to minimize the extent of the problems."

Joan Biskupic of CNN: "Chief Justice John Roberts privately lobbied fellow conservatives to save the constitutional right to abortion down to the bitter end, but May's unprecedented leak of a draft opinion reversing Roe v. Wade made the effort all but impossible, multiple sources familiar with negotiations told CNN. It appears unlikely that Roberts' best prospect -- Justice Brett Kavanaugh -- was ever close to switching his earlier vote, despite Roberts' attempts that continued through the final weeks of the session. New details obtained by CNN provide insight into the high-stakes internal abortion-rights drama that intensified in late April when justices first learned the draft opinion would soon be published.... [Roberts' plan was to] would vote to uphold Mississippi's ban on abortions at 15 weeks of pregnancy. But the chief justice believed the court should put off a full reconsideration of the constitutional right to abortion for earlier stages of pregnancy." (Also linked yesterday.) ~~~

~~~ Paul Campos, in LG&$: "Alito himself leaked the draft, to lock in Kavanaugh." Campos explains his rationale in a deeply satisfying, if speculative essay. (Also linked yesterday.)

Beyond the Beltway

New York. How Conveeeenient! Jonah Bromwich & Jay Root of the New York Times: "Hours after [a man attacked Rep. Lee Zeldin during a campaign event] last week, Mr. Zeldin, the Republican candidate for governor of New York whose criticism over the Democrat-led changes to the bail statute has been a key issue in his campaign, said on Twitter that he expected the man arrested in the attack, David Jakubonis, to go free. He then spoke at length when his prediction came true, emphasizing in news conferences and television appearances how Mr. Jakubonis's release without bail exemplified the issues with the bail law. But almost immediately..., many Democrats seized on the relationship between the candidate and the Monroe County district attorney, Sandra Doorley, who as recently as this week was listed on Mr. Zeldin's website as a campaign co-chair. They noted that the sheriff who filed the charge against Mr. Jakubonis, Todd K. Baxter of Monroe County, was also a vocal opponent of the bail law. And finally, they wondered why Mr. Jakubonis had been charged with second-degree attempted assault, a charge that is not bail-eligible, virtually guaranteeing that he would be released as Mr. Zeldin had predicted." ~~~

     ~~~ According to Chris Hayes of MSNBC, Doorley attended the event where Zeldin was attacked with a plastic key chain fob. Marie: Was this even a real attack? Or did somebody put Jakubonis up to it?

Way Beyond

Hungary. Shaun Walker & Flora Garamvolgyi of the Guardian: "A longstanding adviser to Viktor Orbán [-- Zsuzsa Hegedüs --] has resigned in protest at 'a pure Nazi speech' the Hungarian prime minister gave that was 'worthy of Goebbels'.... Orbán has made anti-migration rhetoric a key part of his political platform since 2015, and frequently uses far-right language, but his speech on Saturday -- in which he spoke out against 'race mixing'-- was extreme even by his standards. In the speech, Orbán said mixing between Europeans was acceptable, but Europeans mixing with non-Europeans created 'mixed race' people. 'We are willing to mix with one another, but we do not want to become peoples of mixed race,' said Orbán. He added that countries where this was seen as acceptable are 'no longer nations'... Next week Orbán is due to travel to Dallas, where he will open CPAC Texas, a gathering of US conservatives. Orbán counts the former US president Donald Trump among his many admirers on the American right." Emphasis added.

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 briefing for Wednesday is here: "Phoenix Mercury player Brittney Griner returned to court this week, as her defense team called witnesses to support its case for leniency. She has pleaded guilty to carrying cannabis oil into Russia in a trial denounced by the United States, and her lawyers expect more hearings before the trial ends, including a key session on Wednesday, when Griner will take the stand and face questions from the prosecutor and judge."

Mary Ilyushina & Christian Davenport of the Washington Post: "Russia on Tuesday announced it will withdraw from the International Space Station (ISS) project after 2024, signaling an end of an era in one of the last remaining areas of cooperation between Russia and the United States. Russia's newly appointed head of space agency Roscosmos announced the decision in a meeting with ... Vladimir Putin on Tuesday, saying that the agency will instead focus on building its own orbital station. 'We will fulfill all our obligations to our partners, but the decision to leave this station after 2024 has been made,' the space agency chief Yuri Borisov said. Russian officials have discussed leaving the project since at least 2021, citing aging equipment and growing safety risks. The countries involved in the ISS agreed to use the station until 2024 and NASA plans to use the station until 2030."

Jennifer Rankin of the Guardian: "The EU has been forced to water down its plan to ration gas this winter in an attempt to avoid an energy crisis generated by further Russian cuts to supply. Energy ministers from the 27 member states, except Hungary, backed a voluntary 15% reduction in gas usage over the winter, a target that could become mandatory if the Kremlin ordered a complete shutdown of gas to Europe. After days of fraught negotiations, ministers agreed opt-outs for island nations and possible exclusions for countries little connected to the European gas network, which will blunt the overall effect in the event of a full-blown gas crisis."

News Lede:

New York Times: "Just three days ago, the River Des Peres, which carries storm water from the city of St. Louis, was 'almost bone dry,' the city's fire chief said, as Missouri experienced what the governor called increasingly dry conditions and the growing threat of serious drought. Then came record rainfall early Tuesday, drenching parts of St. Louis and other areas of Missouri with up to a foot of rain that quickly transformed interstates and neighborhood streets into roaring rivers that collapsed roofs and forced residents to flee their homes in inflatable boats."