July 18, 2022

Afternoon Update:

Spencer Hsu of the Washington Post: "Jury selection is underway in the federal trial of Stephen K. Bannon, the former Trump adviser and right-wing podcaster charged with two counts of contempt of Congress for refusing to comply with an order from the House Jan. 6 committee to turn over records and testify about his actions ahead of the attack on the U.S. Capitol." The story will be updated.

David Badash of the New Civil Rights Movement: 'Legal and government experts are responding to a [Rolling Stone] report that reveals Donald Trump has told advisors he will run for president to protect himself from being prosecuted. 'Trump has spoken about how when you are the president of the United States, it is tough for politically motivated prosecutors to "get to you," says one of the sources, who has discussed the issue with Trump this summer,' Rolling Stone's Asawin Suebsaeng and Adam Rawnsley report, citing four individuals with knowledge of the situation they spoke with.... Retired Harvard Law School law professor Laurence Tribe ... is urging Attorney General Merrick Garland to act. 'Mr. Trump is counting on your concerns about not "appearing" political when he makes clear his belief that you wouldn't dare approve his indictment once he announces,' Tribe says in a tweet directed at Garland. 'You MUST prove him wrong. Make him a TARGET now. No time to lose.'" MB: Garland was a student of Tribe's.

Marie: I don't know id this guy is the real deal or a good actor (and linguist), but as Rocky Girl writes, the people who need to hear him probably won't:

Louisiana. Katie Shepherd of the Washington Post: "A Louisiana judge on Monday temporarily extended an order blocking the state's trigger law, but did not yet grant a preliminary injunction that would keep abortion available until a district court determines whether the state's near-total abortion ban, with no exceptions for rape or incest, violates Louisiana's Constitution. The legality of abortion in Louisiana has changed rapidly in the weeks since the Supreme Court struck down Roe v. Wade and gave states the power to enact restrictions. The ensuing confusion has left patients and abortion providers scrambling as the courts have blocked, unblocked and the reblocked the ban"

AND Finally ... Connecticut. Peter Yankowski of the New Haven Register: "Police arrested a New Haven man after they say he was reported to have drawn a gun Saturday over two women not thanking him for holding a door open for them. Hamden police said 25-year-old Joshua Murray was charged with carrying a pistol without a permit, a felony; along with misdemeanor charges of interfering with an officer and two counts of second-degree breach of peace." ~~~

     ~~~ MB's Etiquette Notes for the Modern Young Man About Town (in this case, at a Family Dollar Store): Yo, Josh. Many of today's women find it demeaning when men open doors for them. Rather than perceiving they are on the receiving end of a display of old-fashioned gentlemanly manners, they are offended that the doorholder seems to think they're too feeble to open their own damned doors. Second, Josh, it doesn't count as a good deed if you demand reciprocity for it, and especially if you demand reciprocity at gunpoint.

~~~~~~~~~~

Kelly Hooper of Politico: "Sen. Bernie Sanders on Sunday blasted Sen. Joe Manchin for what he called 'sabotaging' President Joe Biden's agenda by rejecting Democrats' party-line spending bill last week.... Last week, Manchin shot down Democrats' proposed energy and climate investments being part of the budget reconciliation bill.... Sanders on Sunday did not hold back his frustration, claiming that 'people like Manchin' are 'intentionally sabotaging the president's agenda, what the American people want, what a majority of us in the Democratic caucus want.... The problem was that we continued to talk to Manchin like he was serious; he was not,' Sanders said. 'This is a guy who's a major recipient of fossil fuel money, a guy who has received campaign contributions from 25 Republican billionaires.... In my humble opinion, Manchin represents the very wealthiest people in this country, not working families in West Virginia or America,' Sanders said." ~~~

     ~~~ Marie: Senators know they have to vote for bills they don't like, and Bernie does it all the time. Hardly any bill that gets through the Senate has the policies he would prefer. So no wonder he is super-angry & speaking out against Manchin. I have been wondering if there were one or two GOP senators -- like maybe some that are retiring -- who would vote for the now-watered-down climate budget bill. Because it's a budget bill, it takes only 50 senators (plus Vice President Harris) to pass. They don't all have to be Democrats. Chuck Schumer (and perhaps Sen. Sheldon Whitehouse or others) know what Republican senators might be approachable. I suggest they approach. But of course they can't afford to engage in long, drawn-out engagement with such senators as they did with Joe. ~~~

~~~ E.J. Dionne of the Washington Post: "Democrats don't control Congress. Joe Manchin does. Yes, Manchin is nominally a Democratic senator from West Virginia. But for two years, he has effectively set up shop as a party of his own. Repeatedly, he engaged in protracted negotiations with Democratic leaders, seemed to agree to a series of specific proposals, and then walked away.... After a year of holding up Biden's program and shrinking it almost beyond recognition, Manchin owes his colleagues and the country more than another dose of dilatory vagueness.... Without mentioning Manchin in a statement issued on Friday, Biden was quick to make clear that he viewed any further discussions with the Senate's leading goalpost-mover as a dead end.... With Republicans determined to block most of what Biden wanted, the Party of Manchin ruled. Or, rather, it was content to negotiate and negotiate until almost everything on the table disappeared."

Amy Wang of the Washington Post: "... Donald Trump did 'nothing' to stop the riot at the Capitol as it was unfolding on Jan. 6, 2021, and new witnesses will fill in the gaps in Trump's activities that day when the House select committee investigating the attack holds its next hearing, members of the bipartisan panel said Sunday. Rep. Adam Kinzinger (R-Ill.), who is scheduled to lead the prime-time hearing on Thursday, said the session 'is going to open people's eyes in a big way' as they examine Trump's actions in detail over the hours the Capitol was overrun by a mob seeking to stop the certification of Joe Biden's electoral college win. 'We have filled in the blanks,' Kinzinger said on CBS's Face the Nation on Sunday. Trump 'didn't do very much but gleefully watch television during this time frame.'" (Also linked yesterday afternoon.) ~~~

     ~~~ Julia Mueller of the Hill: "Rep. Adam Kinzinger (R-Ill.) on Sunday said he saw little value in attempting to have Donald Trump testify before the committee investigating the Jan. 6 riot at the Capitol because he did not trust the former president would tell the truth, even under oath. 'Donald Trump has made it clear that he doesn't mind not telling the truth. Let's just put that mildly. He lies all the time. I wouldn't put it past him to even lie under oath, so I'm not sure what the value is there,' Kinzinger said Sunday on CBS 'Face the Nation.'"

Anthony Izaguirre & Christina Cassidy of the AP: "The expanded use of drop boxes for mailed ballots during the 2020 election did not lead to any widespread problems, according to an Associated Press survey of state election officials across the U.S. that revealed no cases of fraud, vandalism or theft that could have affected the results. The findings from both Republican- and Democratic-controlled states run contrary to claims made by ... Donald Trump and his allies who have intensely criticized their use and falsely claimed they were a target for fraud. Drop boxes are considered by many election officials to be safe and secure, and have been used to varying degrees by states across the political spectrum. Yet conspiracy theories and efforts by Republicans to eliminate or restrict them since the 2020 election persist."

Azi Paybarah of the New York Times: "Relatives of people killed on Sept. 11 are urging ... Donald J. Trump to cancel a Saudi-backed golf tournament set to be held this month at Trump National Golf Club Bedminster in New Jersey. In a letter dated Sunday, members of the group 9/11 Justice asked to mee with Mr. Trump and urged him not to host the event, set for July 29 to 31, noting that Mr. Trump has blamed Saudi Arabia for the attack. 'We simply cannot understand how you could agree to accept money from the Kingdom of Saudi Arabia's golf league to host their tournament at your golf course, and to do so in the shadows of ground zero in New Jersey, which lost over 700 residents during the attacks,' they wrote in the letter." ~~~

     ~~~ CNBC reported last week, "The series closes in October with a $50 million purse at Trump's signature Florida course, Trump National Doral Miami, promising an infusion of unknown millions into Trump's golf empire, which began to noticeably struggle after he began his run for president in 2016." MB: IOW, the Saudis scored a Trumpopalooza.

Pence Gets Ever So Bold. Alex Isenstadt of Politico: "Former Vice President Mike Pence is endorsing Republican Karrin Taylor Robson in the Arizona governor's race, pitting himself against Donald Trump in a primary that is emerging as a proxy fight between the former president and Republicans who resisted his efforts to overturn the 2020 election results. It represents the latest breach in the relationship between Trump and Pence, and it's the second time the two have collided in a primary. And Pence is slated to campaign for Robson on Friday -- creating a dramatic split-screen moment opposite Trump, who is set to hold a rally for his endorsed candidate, former local TV news anchor Kari Lake, the same day. Pence, whose relationship with Trump ruptured after he defied the former president's pressure campaign to not certify the 2020 election results, also endorsed Georgia Gov. Brian Kemp for reelection earlier this year. Kemp, who Trump relentlessly attacked for refusing to intervene in Georgia's vote count, successfully held off a primary challenge from a Trump-backed candidate, former Republican Sen. David Perdue."

And So It Begins, Not with a Bang but a Temporary Injunction. Ava Sasani of the New York Times: "A federal judge on Friday temporarily blocked the Biden administration from enforcing directives that extended civil rights protections to L.G.B.T.Q. students and workers. The ruling comes roughly one year after a group of 20 conservative state attorneys general filed a lawsuit against two federal agencies for their interpretation of the 1972 landmark civil rights statute known as Title IX, which prohibited sex-based discrimination in educational programs and activities that receive federal funding, and Title VII of the Civil Rights Act of 1964, which prohibited employers from discriminating against workers based on race, religion or sex. Last year, those agencies, the Department of Education and the Equal Employment Opportunity Commission, following guidance from President Biden, said the protections afforded under Title IX and Title VII extended to gay and transgender individuals and would be enforced in workplaces and in schools.... The judge, Charles E. Atchley Jr. of Federal District Court for the Eastern District of Tennessee, an appointee of ... Donald J. Trump, sided with the plaintiffs and denied the request to dismiss the suit, issuing a preliminary injunction against the enforcement of the directives until courts could decide the matter." A CNN report is here.

Dana Hedgpeth of the Washington Post: "... as many as 200 artifacts ... were stolen from the bodies of the 250 Lakota men, women and children slaughtered by the U.S. Army in 1890 during the Wounded Knee massacre in South Dakota. They'd ended up in an obscure museum attached to a [Barre, Mass.,] public library in a rural town 70 miles from Boston.... Some of the items were sold by gravediggers to Frank Root, a traveling shoe salesman from Barre, who used them as part of his Wild West roadshow before he donated them in 1892 to the town's museum, where they've stayed for more than a century.... [A group calling itself] HAWK 1890 -- which stands for Heartbeat at Wounded Knee and includes American Indians whose relatives were slain in or survived the massacre -- have launched an effort to have the items returned to their tribes, the Oglala Lakota and Cheyenne River Sioux." Negotiations between the group & the Barre Museum Association have stalled.

Julie Bosman, et al., of the New York Times: "Covid-19 is surging around the United States again in what experts consider the most transmissible variant of the pandemic yet. But ... the public health authorities are holding back.... The latest surge, driven by a spike of BA.5 subvariant cases in this country since May, has sent infections rising in at least 40 states, particularly in the Great Plains, West and South. Hospitalizations have climbed by 20 percent in the last two weeks, leaving more than 40,000 people in American hospitals with the coronavirus on an average day.... Deaths are rising, but only modestly so far in this new wave.... Complicating the country's understanding of this BA.5 wave is a dearth of data."

Beyond the Beltway

Texas. Three-hundred-seventy-six Cops v. One Punk with an Assault Rifle.

David Goodman & Edgar Sandoval of the New York Times: "The first comprehensive assessment of the law enforcement response to the deadly school shooting in Uvalde, Texas, found that officers from local, state and federal agencies collectively failed to take swift action, a broad indictment of police action at Robb Elementary School. The 77-page report, released Sunday by a special Texas House committee, spread responsibility for 'systemic failures' broadly among the scores of officers who responded and those who waited outside a pair of connected classrooms where the gunman killed 19 children and two teachers. The decision to finally confront the gunman was made by a small group of officers, including specially trained Border Patrol agents and a deputy sheriff from a neighboring county, the report found, concluding that the order could have been issued far earlier by other officers at the scene.... But a flawless police response would not have saved most of the victims, the report found.... The report did serve to clarify and solidify what had been a frequently shifting official account of events at the school.... The report found the 'egregious poor decision making' went beyond [Uvalde Schools police chief Pete] Arredondo and included the dozens of well-armed officers from [state police director Steven] McCraw's own agency, the Department of Public Safety, as well as the scores from the U.S. Border Patrol." (Also linked yesterday afternoon.) ~~~

     ~~~ The Washington Post report, which is here, presents a slightly difference picture of the report's findings. The Texas Tribune's report is here. It includes this link to a pdf of the report. (Also linked yesterday afternoon.) ~~~

     ~~~ Marie: There are a few arguments that should also die in this Great American Tragedy (that's what it is: a self-inflicted disaster): (1) that "what stops a bad guy with a gun is a good guy with a gun." Here you had nearly 400 hundred well-armed, well-trained officers who dared not or did confront a gunman who had killed children and teachers with an assault rifle. (2) that arming schoolteachers will protect children from gun violence. If hundreds of officers couldn't do it, how do you expect a single, relatively inexperienced schoolteacher to save the children? (3) hat Americans should own assault weapons (perhaps for shooting prairie dogs). Had those officers been confronting "a bad guy with a six-shooter," it stands to reason they would not have waited more than an hour to take him on.

Way Beyond

Ukraine, et al.

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

     ~~~ The Washington Post's "latest updates" for Monday are here: "President Volodymyr Zelensky has removed the head of Ukraine's security services, Ivan Bakanov, and Prosecutor General Iryna Venediktova, and announced that hundreds of criminal investigations for suspected'treason and collaboration activities' were underway. The deputy head of the presidential office clarified Monday that pair had been suspended, and Zelensky would decide whether to formally dismiss them after further investigation.... Moscow has 'almost certainly' hired the Wagner group for recent fighting in eastern Ukraine...."

Reuters, in the Guardian: "Volodymyr Zelenskiy has fired the head of Ukraine's powerful domestic security agency, the SBU, and the state prosecutor general, citing dozens of cases of collaboration with Russia by officials in their agencies. Sunday's abrupt sackings of SBU chief Ivan Bakanov, a childhood friend of Zelenskiy, and the prosecutor general, Iryna Venediktova, who played a key role in the prosecution of Russian war crimes, were announced in executive orders on the president's website. In a Telegram post, Zelenskiy said he had fired the top officials because it had come to light that many members of their agencies had collaborated with Russia, a problem that he said had touched other agencies as well."

News Ledes

AP: "A heat wave broiling Europe spilled northward Monday to Britain and fueled ferocious wildfires in Spain and France, which evacuated thousands of people and scrambled water-bombing planes and firefighters to battle flames in tinder-dry forests. Two people were killed in the blazes in Spain that its prime minister linked to global warming, saying, 'Climate change kills.'" MB: He's talkin' to you, Joe Manchin, & your GOP pals.

New York Times: "Claes Oldenburg, the Swedish-born American Pop artist known for his monumental sculptures of everyday objects, died on Monday at his home and studio in the Soho section of Manhattan. He was 93."

July 17, 2022

Afternoon Update:

David Goodman & Edgar Sandoval of the New York Times: "The first comprehensive assessment of the law enforcement response to the deadly school shooting in Uvalde, Texas, found that officers from local, state and federal agencies collectively failed to take swift action, a broad indictment of police action at Robb Elementary School. The 77-page report, released Sunday by a special Texas House committee, spread responsibility for 'systemic failures' broadly among the scores of officers who responded and those who waited outside a pair of connected classrooms where the gunman killed 19 children and two teachers. The decision to finally confront the gunman was made by a small group of officers, including specially trained Border Patrol agents and a deputy sheriff from a neighboring county, the report found, concluding that the order could have been issued far earlier by other officers at the scene.... But a flawless police response would not have saved most of the victims, the report found.... The report did serve to clarify and solidify what had been a frequently shifting official account of events at the school.... The report found the 'egregious poor decision making' went beyond [Uvalde Schools police chief Pete] Arredondo and included the dozens of well-armed officers from [state police director Steven] McCraw's own agency, the Department of Public Safety, as well as the scores from the U.S. Border Patrol." ~~~

     ~~~ The Washington Post report, which is here, presents a slightly difference picture of the report's findings. The Texas Tribune's report is here. It includes this link to a pdf of the report.~~~

     ~~~ Marie: There are a few arguments that should also die in this Great American Tragedy (that's what it is: a self-inflicted disaster): (1) that "what stops a bad guy with a gun is a good guy with a gun." Here you had nearly 400 hundred well-armed, well-trained officers who dared not or did confront a gunman who had killed children and teachers with an assault rifle. (2) that arming schoolteachers will protect children from gun violence. If hundreds of offiicers couldn't do it, how do you expect a single, relatively inexperienced schoolteacher to save the children? (3) hat Americans should own assault weapons (perhaps for shooting prairie dogs). Had those officers been confronting "a bad guy with a six-shooter," it stands to reason they would not have waited more than an hour to do so.

Amy Wang of the Washington Post: "... Donald Trump did 'nothing' to stop the riot at the Capitol as it was unfolding on Jan. 6, 2021, and new witnesses will fill in the gaps in Trump's activities that day when the House select committee investigating the attack holds its next hearing, members of the bipartisan panel said Sunday. Rep. Adam Kinzinger (R-Ill.), who is scheduled to lead the prime-time hearing on Thursday, said the session 'is going to open people's eyes in a big way' as they examine Trump's actions in detail over the hours the Capitol was overrun by a mob seeking to stop the certification of Joe Biden's electoral college win. 'We have filled in the blanks,' Kinzinger said on CBS's Face the Nation on Sunday. Trump 'didn't do very much but gleefully watch television during this time frame.'" ~~~

     ~~~ Julia Mueller of the Hill: "Rep. Adam Kinzinger (R-Ill.) on Sunday said he saw little value in attempting to have Donald Trump testify before the committee investigating the Jan. 6 riot at the Capitol because he did not trust the former president would tell the truth, even under oath. 'Donald Trump has made it clear that he doesn't mind not telling the truth. Let's just put that mildly. He lies all the time. I wouldn't put it past him to even lie under oath, so I'm not sure what the value is there,' Kinzinger said Sunday on CBS 'Face the Nation.'"

~~~~~~~~~~

Phil Mattingly, et al., of CNN: "Saudi Arabia's de facto ruler, Crown Prince Mohammed bin Salman, hit back at Joe Biden after the US President confronted him about the 2018 murder of Saudi journalist Jamal Khashoggi during a meeting between the two leaders on Friday.... In response to Biden bringing up Khashoggi, MBS cited the sexual and physical abuse of prisoners at Iraq's Abu Ghraib prison by US military personnel and the May killing of Palestinian American journalist Shireen Abu Akleh in the occupied West Bank as incidents that reflected poorly on the US, Prince Faisal bin Farhan, the Saudi foreign minister, told reporters on Saturday." ~~~

     ~~~ Marie: Yeah, okay. George W. Bush was president when the Abu Ghraib abuses took place, and Joe Biden has no control over what individual Israeli soldiers do. IOW, Biden had nothing to do with either atrocity. By contrast, MBS ordered Khashoggi's assassination, according to the CIA. MBS is not very good at whataboutism.

Marie: To listen to some of the pundits on the teevee, you would think they either know nothing about reality or at least have forgot about this guy: ~~~

     ~~~ I don't know whether or not it was wise for Biden to go to Saudi Arabia. Probably only time will tell. But I do sense that he did so not because he wanted to dance & stroke a glowing orb but because he thought it was necessary to promote U.S. & international interests.

Hugo Lowell of the Guardian: "The Secret Service's account about how text messages from the day before and the day of the Capitol attack were erased has shifted several times, the inspector general for the Department of Homeland Security told the House January 6 select committee at a briefing on Friday. At one point, the explanation from the Secret Service for the lost texts was because of software upgrades, the inspector general told the panel, while at another point, the explanation was because of device replacements. The inspector general also said that though the secret service opted to have his office do a review of the agency's response to the Capitol attack in lieu of conducting after-action reports, it then stonewalled the review by slow-walking production of materials.... The Secret Service ... [said] in a statement that data on some phones were lost as part of a pre-planned 'system migration' in January 2021, and that [the IG's] initial request for communications came weeks later in late February 2021. Bu the select committee questioned the Secret Service's emphasis on that date..., and noted in [their letter accompanying a] subpoena' of the Secret Service] ... that the request for electronic communications in fact first came from Congress, ten days after the Capitol attack." ~~~

     ~~~ Marie: I have heard a few teevee commentators claim that the erasures could be innocent, the result of the Secret Service's being so balkanized that one department doesn't know what the other is doing. That seems like a ridiculous excuse. Even the lowest-level, out-of-it IT person (1) must have been aware of the insurrection AND (2) must have been schooled in the Preservation of Records Act. If these text messages were not preserved, heads must roll, and I'm not talking about the heads of a few low-level techies. The Secret Service reports to the DHS. which is headed by Secretary Alejandro Mayorkas. If Mayorkas doesn't get on top of this immediately, President Biden should ask for his resignation.

Rebecca Beitsch & Harper Neidig of the Hill: "The Department of Justice (DOJ) is facing pressure as the House Jan. 6 select committee's presentation of damning evidence involving the Trump White House has raised questions about whether federal prosecutors have kept pace with the lawmakers' inquiry and how long the former president can escape being directly investigated.... And many observers say they remain concerned the Justice Department seems to be dancing around directly investigating Trump. [For instance,] Ryan Goodman ... [of] the New York University School of Law ... [asked,] 'How can you criminally investigate Jeff Clark, and the alternate slate of electors and avoid where it lands, where it ends up, which is with Donald Trump. But by that time, if they haven't really opened up an investigation on him as the target, we&'re now already 18 months following these events. It's really a dereliction of their responsibilities to do a fulsome and rigorous investigation....'" The reporters cite other legal experts. ~~~

     ~~~ Marie: Not very important, but I do wish people who spoke in public knew the meaning of the word "fulsome." It does not mean "exhaustive" or "in-depth," as it is frequently used (and as I assume Goodman means it here). Rather, fulsome means "complimentary or flattering to an excessive degree." What we don't need is an excessively complimentary or flattering investigation of Donald Trump. We'll leave that to Trump & the Trumpbots.

Maggie Haberman & Luke Broadwater of the New York Times: "Around 5 in the afternoon on Christmas Day in 2020..., President Donald J. Trump was at his Mar-a-Lago home ... on the phone with a little-known conservative lawyer who was encouraging his attempts to overturn the election, according to a memo the lawyer later wrote documenting the call. The lawyer, William J. Olson, was promoting several extreme ideas to the president. Mr. Olson later conceded that part of his plan could be regarded as tantamount to declaring 'martial law.'... The plan included tampering with the Justice Department and firing the acting attorney general, Jeffrey A. Rosen, according to the Dec. 28 memo by Mr. Olson.... The document highlights the previously unreported role of Mr. Olson in advising Mr. Trump as the president was increasingly turning to extreme, far-right figures outside the White House to pursue options that many of his official advisers had told him were impossible or unlawful...." Includes a copy of Olson's memo. Olsen now represents the MyPillow Guy. And he's just as wacky. Read on. ~~~

     ~~~ Marie: A couple of stories I linked to last week made clear that in the weeks before the 2020 election, Trump realized he might lose. It was then (or earlier!) he began to conjure up plans to fight a Biden win by any means. These subsequent phone calls & meetings he had with the wackadoodles were strategy sessions to figure out the various ways he would carry out the ambitions he had had all along. So whether it was Bannon or Flynn the MyPillow Guy or the Overstock Guy who was feeding him ideas, Trump was the No. 1 perp.

Devlin Barrett & Spencer Hsu of the Washington Post: "Jury selection in the case [against Steve Bannon, for contempt of Congress,] is due to begin Monday, and the trial is likely to be brief -- prosecutors say their case will take a day, and given the judge's limitations on which witnesses Bannon can call and what issues he can raise, it's unclear how long Bannon's own case may take, or if he will testify."

Barbara McQuade, a former U.S. Attorney, in an MSNBC column, makes the case for charging Donald Trump with manslaughter: "Five people died in the Jan. 6 attack.... The loss of life was predictable in light of the size of the mob, their emotional state and their use of force. We recently learned from Cassidy Hutchinson's testimony another key fact -- ... Donald Trump knew that the crowd was armed, adding to the risk that someone would be killed. According to Hutchinson..., White House counsel Pat Cipollone ... urged White House chief of staff Mark Meadows to persuade Trump to take action to stop it. According to Hutchinson, Cipollone told Meadows: 'Something needs to be done or people are going to die and the blood's going to be on your f---ing hands....' Under federal law, involuntary manslaughter occurs when a person commits an act on federal property without due care that it might produce death.... Unlike most members of the public who have no duty to take action to prevent a crime, a president has a constitutional duty to 'take care that the laws be faithfully executed.'" Read on. McQuade outlines the elements prosecutors would have to prove beyond a reasonable doubt, and how Trump's state-of-mind, actions & inaction meet those requirements.

Joe Manchin, infamous double-crossing, money-grubbing publicity whore, has been getting a lot of press these last few days. All of it is bad: ~~~

     ~~~ Leah Stokes, in a New York Times op-ed: "... Mr. Manchin has wasted what little time this Congress had left to make real progress on the climate crisis.... By stringing his colleagues along, Mr. Manchin ... also delayed crucial regulations that would cut carbon pollution. Wary of upsetting the delicate negotiations, the Biden administration has held back on using the full force of its executive authority on climate.... While he claimed on a West Virginia talk show on Friday that it wasn't over, that 'we've had good conversations, we've had good negotiations,' this is doublespeak; he simply doesn't want to be held accountable for his actions. He has consistently said one thing and done another.... Over the past year, Mr. Manchin has taken more money from the oil and gas industry than any other member of Congress -- including every Republican -- according to federal filings.... He also personally profited from coal, making roughly $5 million between 2010 and 2020 -- about three times his Senate salary.... Many of the people and places we hold dear will face the consequences of his moral corruption."

Michael Scherer & Rachel Roubein of the Washington Post: "The Republican Party has a long history of resisting abortion bans without exceptions for rape, incest and the life of the mother. Every Republican candidate for president since Roe was decided in 1973, including former president Donald Trump, has supported the exceptions.... But Republicans have grown more willing to talk about rape in the context of abortion since the high court's June 24 ruling overturning Roe.... Abortion restrictions have gone into effect in roughly a dozen states since the court ruling, all of which include an exception for life of the mother. Most do not include an exception for rape or incest, with the exception of South Carolina -- which includes exemptions for both - and Mississippi's trigger law that has an exception for rape, according to The Guttmacher Institute.... Rape and incest exceptions are often debated on the floor of state legislatures before lawmakers vote on a bill. But they often don't make it into the laws, according to Elizabeth Nash, a principal policy associate at Guttmacher."

Dana Goldstein & Ava Sasani of the New York Times: "... the ordeal of the child rape victim in Ohio who had to cross state lines for an abortion, and the ugly political fight that followed, have highlighted two uncomfortable facts: Such pregnancies are not as rare as people think, and new abortion bans are likely to have a pronounced impact on the youngest pregnant girls. New bans in nearly a dozen states do not make exceptions for rape or incest, leaving young adolescents -- already among the most restricted in their abortion options -- with less access to the procedure. Even in states with exemptions for rape and incest, requirements involving police reports and parental consent can be prohibitive for children and teenagers.... State and federal data suggest there are still thousands of [young girls getting pregnant] each year."

Maureen Dowd of the New York Times: "... Ireland and the United States have traded places. Ireland leaped into modernity, rejecting religious reactionaries' insistence on controlling women's bodies. America lurched backward, ruled by religious reactionaries' insistence on controlling women's bodies."

Presidential Election 2024. Aaron Blake of the Washington Post: "... here's our latest list of the 10 most likely 2024 Democratic nominees. As usual, this list factors in both likelihood to run as well as likelihood to win if they did run." For those of you who don't have a WashPo subscription, here are the potential candidates, in ascending order: "Alexandria Ocasio-Cortez, Roy Cooper, Gretchen Whitmer, Gavin Newsom, Bernie Sanders, Elizabeth Warren, Amy Klobuchar, Kamala Harris, Pete Buttigieg & Joe Biden. Now, stop and think about how strong & presidenty each of these candidates would appear standing next to, say, Ron DeSantis, in the eyes of an "independent" Pennsylvania voter.

Way Beyond the Beltway

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

     ~~~ The Washington Post's live updates for Sunday are here: "Russia appears set to resume its ground offensive -- after what analysts called a pause to regroup troops before doubling down on Ukraine's south and east.... A Ukrainian cargo plane carrying mines crashed in northern Greece, killing all eight Ukrainian crew. Amid speculation that the shipment might be bound for Ukraine, Serbia's defense minister said the mines were being sent to Bangladesh.... A U.S. Air Force veteran living in Ukraine has been detained by pro-Russian separatists, his brother said, becoming at least the third American to be captured in Ukraine since the start of the war."

News Lede

New York Times: "Three people were killed at a mall in Greenwood, Ind., in a mass shooting that ended when another armed individual fatally shot the gunman, city authorities said. Two additional people were hospitalized in the shooting, which began when a man with a rifle and several magazines of ammunition entered the food court and started firing, Chief Jim Ison of the Greenwood Police Department said. The authorities did not indicate a motive for the shooting and did not identify the gunman. Mayor Mark Myers said late Sunday that the public faced no further threat and that the Greenwood Police Department was in control of the scene."

July 16, 2022

Peter Baker & David Sanger of the New York Times: "In the most fraught foreign visit of his presidency to date, [President] Biden's encounter with Crown Prince Mohammed bin Salman gave the de facto Saudi leader a measure of the international rehabilitation he sought, while securing steps toward closer relations with Israel and an unannounced understanding that the kingdom would soon pump more oil to relieve high gas prices at home. Mr. Biden's discomfort was palpable as he avoided a handshake with the prince in favor of a fist bump.... Mr. Biden ... told reporters [Jamal] Khashoggi's murder was 'outrageous' and said he had confronted the crown prince privately. 'I raised it at the top of the meeting, making clear what I thought at the time and what I think of it now,' he said. 'I was straightforward and direct in discussing it. I made my view crystal clear.' He reported that Prince Mohammed, often known by his initials M.B.S., had denied culpability. 'He basically said that he was not personally responsible for it,' Mr. Biden said. 'I indicated that I thought he was.'... The Saudis wasted little time splashing photographs of the president and the prince across social media...." An ABC News report is here.

Patrick Kingsley of the New York Times: "President Biden had contrasting messages for Israelis and Palestinians on Friday before departing Israel for Saudi Arabia, announcing new steps toward Israeli integration within the Middle East while cautioning Palestinians that now was not the time for new peace talks to end the Israeli-Palestinian conflict. For the Palestinians, Mr. Biden offered sympathy and funding, but few long-term prospects. On a brief visit to the West Bank, he announced more than $300 million for Palestinian hospitals and refugees, some of it subject to congressional approval. And he reported that Israel had agreed to give the Palestinians access to 4G internet, a decision not yet confirmed by Israel. He also restated his support for a future Palestinian state, with a capital in at least part of Jerusalem, and said that Israel's increased acceptance within the Arab world could lead to new momentum for the dormant peace process." An NPR report is here. ~~~

     ~~~ Marie: Good grief! 4G? Haven't I been using 5G for several years? And so far Israel isn't even promising 4G? Here's a little background, from a February 9, 2022, Jerusalem Post report. We, or at least I, don't know the many ways Israel mistreats Palestinians.

Rand Paul to the Rescue! Really. Carl Hulse of the New York Times: "The White House is abandoning plans to nominate a Kentucky lawyer [Chad Meredith] who opposes abortion rights and is backed by Senator Mitch McConnell to a federal court seat, citing opposition from Senator Rand Paul, Mr. McConnell's home-state colleague. The resistance from Mr. McConnell's fellow Republican marked a new twist over a potential nomination that had prompted outrage on the left.... Mr. McConnell ... said the White House intended to follow through on its commitment to nominate Mr. Meredith until Mr. Paul objected. Mr. Paul informed the White House that he would not return a 'blue slip' consenting to the nomination of Mr. Meredith, who is now in private practice. 'The net result of this is it has prevented me from getting my kind of judge out of a liberal Democratic president,' Mr. McConnell said in an interview, calling Mr. Paul's position 'just utterly pointless.'... Mr. McConnell said that he had made no pledge to the White House to do anything in return for Mr. Biden accepting his recommendation.... Democrats had sharply questioned why Mr. Biden would put forward a nominee backed by Mr. McConnell, considering that the Republican leader blocked Barack Obama's Supreme Court pick in 2016 and has been a main impediment to the president's agenda." No one seems to know Paul's objection to the nomination. The Huffington Post's story is here.

Senator Manchin has said a lot of things. Every time, what he makes clear over and over again, is he can't close a deal and that you can't trust what he says. -- Rep. Pramila Jayapal (D-Wash.) ~~~

~~~ Off With His Head! Emily Cochrane of the New York Times: "A day after pulling the plug on his party's plans to pass a climate, energy and tax package this summer, Senator Joe Manchin III of West Virginia ... suggested, in another month or so, he might see his way clear to salvaging the last bits of President Biden's domestic agenda.... This time, Democrats had had enough. Rather than engage in another round of will-he-or-won't-he negotiations with Mr. Manchin, Mr. Biden let it be known that he was done trying to secure his climate agenda in Congress. Mr. Manchin's abrupt withdrawal left Senator Chuck Schumer, Democrat of New York and the majority leader, jilted after months of courting a colleague whose demands and red lines seemed to shift by the day, or the latest economic projection. And it prodded many Democrats into open revolt against Mr. Manchin, blaming him for the demise of their ambitions and the last chance for their party to tackle the existential threat of climate change." Read on. An NBC News story is here. ~~~

     ~~~ Marie: Joe reminds me of Anne Boleyn. According to legend, she kept enticing Henry VIII with sexy moves but pushed Jenry away every time he got, you know, too close. She would not do the deed, she said, unless he married her. He did, and you know how that turned out for Anne. ~~~

"A Modern-day Villain." Oliver Milman of the Guardian: "Joe Manchin's decision to kill off sweeping US climate legislation has been called 'nothing short of a death sentence' for younger people and a livable climate on Earth, amid an outpouring of anger and despair from activists, scientists and even many of the US Senator's Democratic colleagues. Manchin, the centrist West Virginia senator who has become a millionaire through his founding of a coal-trading company in his home state, dealt a crushing political blow to Joe Biden's agenda on Thursday night when he made clear he would not support any spending to curb the climate crisis in a proposed bill." ~~~

~~~ Tony Romm of the Washington Post: "... President Biden on Friday called on congressional Democrats to refocus their once-sweeping spending ambitions -- and adopt a package soon that aims to lower Americans' health-care costs. The public statement from the White House reflected an unavoidable reality: Biden's once-vast vision to remake broad swaths of the U.S. economy -- including an attempt to invest historic sums in the fight against climate change -- had faltered for perhaps the final time after months of failed negotiations between Democratic leaders and Sen. Joe Manchin III (D-W. Va.)."

The Party of Women's Rights. Amy Wang & Eugene Scott of the Washington Post: "The House on Friday passed legislation that would protect access to reproductive health care, including the ability to travel across state lines for an abortion, as part of Democrats' efforts to minimize the consequences of the Supreme Court overturning Roe v. Wade last month. One bill, the Women's Health Protection Act, would enshrine the protections of Roe v. Wade into law. The House already passed the bill last year, but it did not advance in a Senate vote in May. The House passed the bill, 219-210, prompting applause from Democrats in the chamber. All Republicans and Rep. Henry Cuellar (D-Tex.) voted against the measure. Another bill, the Ensuring Women's Right to Reproductive Freedom Act, would reaffirm the right for someone seeking an abortion to travel freely across state lines. The House passed that measure, 223-205, with three Republicans -- Adam Kinzinger (Ill.), Fred Upton (Mich.) and Brian Fitzpatrick (Pa.) -- joining all Democrats in backing the bill.... The bills are almost certain to fail in the Senate, where they would require 60 votes or the suspension of filibuster rules and a simple majority. Both are unlikely in the face of Republican opposition."

Jacqueline Alemany & Maria Sacchetti of the Washington Post: "The House select committee investigating the Jan. 6, 2021, attack on the U.S. Capitol issued a subpoena to the U.S. Secret Service on Friday requesting records after a government watchdog accused the agency of erasing texts from Jan. 5 and 6 after his office requested them. Committee Chairman Bennie G. Thompson (D-Miss.), in a letter transmitting notice of the subpoena, wrote that the panel sought relevant text messages and reports issued in any way related to the attack on the Capitol.... The subpoena is the first the committee has issued to an executive branch agency. The text messages could provide insight into the actions of the agency and potentially those of President Donald Trump on the day of the insurrection.... Joseph Cuffari, the DHS's inspector general, briefed members of the committee on Friday after sending a letter to lawmakers this week notifying them that the text messages were erased following the inspector general's request [for the text messages]." Politico's report is here. ~~~

     ~~~ Zachary Cohen, et al., of CNN: "The inspector general told the committee that the Secret Service has not been fully cooperative with his probe. Cuffari's description left the impression that the Secret Service had been 'footdragging,' the source said. The inspector general told the committee they were not getting full access to personnel and records. Cuffari said he brought the issue to Homeland Security Secretary Alejandro Mayorkas more than once and was told to keep trying to get the information. Ultimately, Cuffari decided to go to Congress because he could not get anywhere within DHS with his concerns. Separately, a law enforcement official told CNN about Cuffari going to Mayorkas."

Josh Gerstein & Kyle Cheney of Politico: "The Justice Department declared Friday that the Jan. 6 select committee has adequately justified its subpoena for testimony and documents from Mark Meadows, a former chief of staff in Donald Trump's White House. That conclusion came as part of a landmark filing taking a position for the first time that former advisers to presidents who have left office are not 'absolutely immune' from congressional subpoenas. DOJ filed the brief Friday evening in a civil suit Meadows filed in December against House Speaker Nancy Pelosi and the committee's members in a bid to quash subpoenas the former Trump aide received from the House panel.... The department's brief concludes such advisers only retain that 'qualified immunity' after the president they served leaves office and that such immunity can be overcome by Congress if lawmakers prove they need the information at issue and can't get it anywhere else.... The Justice Department's decision to side with the House committee in the civil suit is notable ... [because] last month, department officials passed up the chance to pursue criminal charges against Meadows for defying the same House panel."

A Ridiculous Little Mystery, Solved. Kyle Cheney & Nicholas Wu of Politico: "A little-known Donald Trump campaign operative delivered lists of false electors to Capitol Hill in a bid to get them to Vice President Mike Pence on Jan. 6, 2021, according to two people familiar with the episode. Mike Roman, then Trump's 2020 director of Election Day operations, delivered those false elector certificates -- signed by pro-Trump activists in Michigan and Wisconsin -- to Rep. Mike Kelly's (R-Pa.) chief of staff at the time [Matt Stroia].... Kelly was a Trump ally in the effort to overturn the 2020 election, and his then-top aide received the documents from Roman before deputizing a colleague to disseminate copies on Capitol Hill, according to both people.... After the committee revealed the role of a top aide to Sen. Ron Johnson (R-Wis.) in the episode during a hearing last month, Johnson said the false elector lists came from Kelly -- who has repeatedly denied any involvement by his office in their distribution." Johnson's spokesperson said Kelly should apologize to Johnson. The January 6 committee has subpoenaed Roman regarding his part in the fake electors scheme.

Insurrectionists Turned Crybabies. Tom Jackman of the Washington Post: “Two New York state men who led a mob that overwhelmed police at the perimeter of the Capitol on Jan. 6, 2021 -- then bodysurfed over the top of the crowd at a building entrance and pepper-sprayed officers -- were both sentenced Friday to 44 months in prison. Cody Mattice, 29, of Greece, N.Y., and James Mault, 30, of Brockport, N.Y., both wept as they stood before Chief U.S. District Judge Beryl A. Howell and asked for leniency, apologizing for their actions and saying they hoped to return soon to their families and young children. But Howell noted that prosecutors had already cut them a reasonable deal by dropping charges that could have led to far more prison time, and she imposed the sentences requested by the government."

Michael Isikoff & Daniel Klaidman of Yahoo! News: "In the latest sign that she is moving rapidly in her investigation into Donald Trump's efforts to overturn the 2020 election, Fulton County, Ga., District Attorney Fani Willis has sent so-called target letters to prominent Georgia Republicans informing them they could be indicted for their role in a scheme to appoint alternate electors pledged to the former president despite Joe Biden's victory in the state.... Among the recipients of the target letters, the sources said, are GOP state Sen. Burt Jones, Gov. Brian Kemp's running mate for lieutenant governor; David Shafer, the chairman of the Georgia Republican Party; and state Sen. Brandon Beach. Jones and Shafer were among those who participated in a closed-door meeting at the state Capitol on Dec. 14, 2020, in which 16 Georgia Republicans selected themselves as the electors for the state, although they had no legal basis for doing so.... 'Yes,' said Willis when asked if there was any chance Trump will be called to testify." The New York Times story is here.

Emily Anthes of the New York Times: "As the monkeypox outbreak grows in the United States, demand for the vaccine is outstripping the nation's supply, Dr. Rochelle Walensky, the director of the Centers for Disease Control and Prevention, said at a news briefing on Friday.... The federal government made another 131,000 doses available to states and other jurisdictions on Friday. But the scope of the outbreak remains unclear, in part because diagnostic testing has been slow and limited. Nearly 1,500 cases have been identified in the United States, primarily in men who have sex with men, and the figure is likely to rise in the coming weeks, Dr. Walensky said.... The Department of Health and Human Services ordered an additional 2.5 million doses of the vaccine, known as Jynneos, on Friday, but those doses are not scheduled to arrive until next year. A previously ordered 2.5 million doses should begin arriving late this year, officials said."

Maria Paúl & Timothy Bella of the Washington Post: "Hours after a man was charged Wednesday with raping a 10-year-old Ohio girl, Indiana Attorney General Todd Rokita (R) questioned whether the Indianapolis doctor who helped the child obtain an abortion had reported the procedure to state officials, as required by law.... Rokita again raised doubts Thursday in a letter to Indiana Gov. Eric Holcomb (R), saying that his office had requested, but not received, documentation from state agencies that the girl's abortion had been properly reported by the OB/GYN, Caitlin Bernard. But records obtained by The Washington Post on Thursday afternoon show that Bernard indeed reported the minor's abortion to the relevant state agencies before the legally mandated deadline to do so. The doctor's attorney, Kathleen DeLaney..., sent a cease-and-desist order to Rokita on Friday."

     ~~~ Marie: Are we to assume that the Washington Post -- and the New York Times (here) AND the Indy Star (here), both a full day earlier -- have better access to Indiana state records than does the state's own attorney general? A better assumption would be that Rokita is a news whore who just wanted his moment in the Fox "News" sunlight. Because Rokita could hardly wait to get on the Fox teevee. I'm getting angrier & angrier at these fat, lying, misogynistic, holier-than-thou Republicans.

Beyond the Beltway

Arizona, the Worst Place to Live. In yesterday's thread, RAS & Akhilleus linked to stories that suggest that if you are thinking of moving states, Arizona is a really bad choice: ~~~

(1) Scott Cohn of CNBC: "With five million more job openings in the U.S. than there are employees to fill them, workers have more leverage than they have had in years. They are using that power -- and unprecedented mobility -- to demand a welcoming environment and great quality of life in the places they work. Our Life, Health and Inclusion category considers factors such as crime rates, environmental quality, and health care. For the first time in 2022, we also consider the availability of childcare.... We also consider inclusiveness of state laws in areas like protections against discrimination and voting rights. That's not politics, it's business.... [According to these metrics,] America's worst state to live in is ... ~~~

~~~ "Arizona: "... it [has] some of the worst air quality in the nation.... Maricopa County, home to Phoenix, endures 39 high ozone days per year. That puts more stress on an already poor health care system, short on hospital beds and staff." The state's "Life, Health & Inclusion" score is the worst in the nation, Grade: F. Meanwhile, none of CNBC's metrics put Arizona in the top 50 percent. Thanks to Akhilleus for the link.

(2) MEANWHILE, Arizona Is the Slave Labor State. Robyn Pennacchia of Wonkette: "Giving testimony on Thursday before [a state legislative budget committee], Arizona Department of Corrections Director David Shinn explained that many Arizona communities would 'collapse' without prison labor.... In other words, he is arguing that ... the state literally needs people to commit crimes in order to function economically.... According to the ACLU, 'charging misdemeanors as felonies, throwing thousands of people behind bars instead of offering drug treatment or diversion services, and abusing prosecutorial power to secure guilty pleas are just some of the tactics used that have led to Arizona's exceedingly high rate of incarceration.'" Thanks to RAS for the link.

New York. Ed Shanahan of the New York Times: "Ivana Trump, the ex-wife of ... Donald J. Trump, died accidentally of blunt impact injuries to her torso, according to New York City's chief medical examiner. The office, which announced its determination in a news release on Friday afternoon, said it would have no further comment on the death of Ms. Trump, 73." CNN's report is here. MB: It is my personal hope that this succinct ME announcement will be no impediment to conspiracy theorists.

Texas. David Goodman of the New York Times: "Days after the massacre at an elementary school in Uvalde, Texas, the leaders of the grieving city fumed during a closed-door meeting with Steven McCraw, the state's top police official.... [The city officials] laid out their own version of events, one that praised the officers for initially rushing to the gunfire and saving hundreds of other children in the school.... The competing accounts have obscured the actions of the police.... The clearest picture yet is expected to come on Sunday when a Texas House committee is set to report the results of its investigation, one of several overlapping inquiries into what took place. The committee's report was expected to spread blame beyond Chief Pete Arredondo, the head of the small Uvalde school district police force who Mr. McCraw has said was principally responsible for a law enforcement response that he has called an 'abject failure.'"

West Virginia. Chris Dickerson of the West Virginia Record: "A circuit court judge allegedly brandished a handgun during a hearing earlier this year, leaving it pointed at an attorney from Texas during the proceedings. Second Judicial Circuit Judge David Hummel was overseeing a trial in a case ... regarding royalty payments to landowners. Houston-based attorney Lauren Varnado was leading the legal team representing [one of the litigants]. The incident in question occurred March 12 during a rare Saturday hearing involving only trial counsel.... According to the Daily Beast website..., Hummel 'whipped out his handgun, waved it in the air and left it on the bench with the barrel pointing directly at corporate lawyers who had irritated him.' At first, Hummel told the Daily Beast that never happened. Then, he told the reporter he kept the gun, a Colt .45, in a secret drawer in his bench. Then, he said he was wearing a holstered gun under his robe during the trial the previous week. But he said it was a long, classic-looking revolver.... During the trial, [Varnado] said Hummel would walk around the courtroom with his robe unzipped and the firearm visible." Varnaro notified the FBI & attested to Varnaro's courtroom gunslinging in in an affidavit. She said she was terrified by his behavior.

Way Beyond

Ukraine, et al. The Washington Post's live updates of developments Saturday in Russia's war on Ukraine are here: "A Russian strike on an industrial plant and a busy street in the central Ukrainian city of Dnipro killed at least three people and injured 15 on Friday night, a regional leader said.... A spokesperson for Ukraine's Ministry of Defense said about 70 percent of Russian strikes have targeted nonmilitary infrastructure.... Defense Minister Oleksii Reznikov said Ukraine had received its first M270 multiple-launch rocket systems, which he called 'good company' for comparable U.S. weapons credited for the destruction of more than 30 Russian military logistics centers. Russian opposition activist Andrei Pivovarov was sentenced to four years in prison for leading a pro-democracy group. Moscow has intensified its crackdown on dissidents since the Feb. 24. invasion. As ... Vladimir Putin prepares to visit Tehran next week, Iran said recent U.S. intelligence reports that it is sending Russia weapons-ready drones were 'baseless,' state media reported." ~~~

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

Robyn Dixon of the Washington Post: "Lawyers for WNBA star Brittney Griner told a Russian court Friday that doctors in the United States prescribed her medical cannabis for chronic pain, as the basketball player faced her fourth day in a trial on drug charges that could send her to prison for up to 10 years.... [Griner had] told the court she accidentally packed the two vape cartridges and did not intend to break Russian law.... As part of the presentation of evidence for the defense, one of Griner's attorneys, Maria Blagovolina ... read a medical certificate indicating that Griner was prescribed medical cannabis by U.S. doctors as part of treatment for chronic pain and other conditions. The trial was then adjourned until July 26."