August 17, 2022
Afternoon Update:
If you have a Washington Post subscription, you will want to listen to George Conway's dramatic reading of his Donald Trump-cookies column (August 16). Audio and column here. It's worth reading the very end of the column. (If you don't have a WashPo subscription, you can make due with a dramatic reading by comedian & Trump impersonator J-L Cauvin.)
Sharon La Franiere of the New York Times: "Dr. Rochelle P. Walensky, the director of the Centers for Disease Control and Prevention, on Wednesday delivered a sweeping rebuke of her agency;s handling of the coronavirus pandemic, saying it had failed to respond quickly enough and needed to be overhauled. In a meeting with senior staff, Dr. Walensky outlined in broad terms a plan to reorganize the agency's structure to prioritize public health needs and efforts to curb continuing outbreaks, and to put less emphasis on publication of scientific papers about rare diseases. The steps announced on Wednesday grew out of an external review Dr. Walensky had ordered in April, after months of scathing criticism of the C.D.C.'s response to the pandemic. Its public messages on masking and other mitigation measures were sometimes so confusing or abruptly modified that they seemed more like internal drafts than carefully considered proclamations. The public guidance has been 'confusing and overwhelming,' according to a briefing document provided by the agency. Leaders of the agency's Covid team rotated out after only a few months, leaving other senior federal health officials unsure about who was in charge. And important data were sometimes inexplicably released too late to inform federal decisions...."
Alan Feuer & Luke Broadwater of the New York Times: "Former Vice President Mike Pence on Wednesday called on Republicans to stop attacking the nation's top law enforcement agencies over the F.B.I.'s search of Mar-a-Lago..., Donald J. Trump's Palm Beach, Fla., home.... Speaking at a political event in New Hampshire, Mr. Pence said that Republicans could hold the Justice Department and the F.B.I. accountable for their decisions 'without attacking the rank-and-file law enforcement personnel.'... Mr. Pence also said on Wednesday that he would consider talking to the House select committee investigating the Jan. 6 attack on the Capitol -- the clearest indication to date that he might be willing to participate in the panel's ongoing efforts."
Richard Fausset of the New York Times: Rudy Giuliani ' showed up shortly before 8:30 a.m. to appear before a Fulton County[, Georgia,] special grand jury conducting a criminal investigation into postelection meddling by Mr. Trump and his associates. Local prosecutors informed Mr. Giuliani's lawyers this week that he was a 'target' in that investigation, meaning that his indictment was possible."
Jordan Libowitz & Lauren White of CREW: "The Secret Service knew of a threat to Nancy Pelosi on January 6th days before the insurrection, but did not pass it along until hours after the Capitol had been breached, according to Secret Service emails obtained by CREW. On January 4, Secret Service agents discovered a Parler account, which we've chosen not to name, posting a series of violent threats towards lawmakers.... At 5:55 pm on January 6, after hours of defending the United States Capitol from a violent mob, the United States Capitol Police received the post along with a message from the Secret Service: 'Good afternoon, The US Secret Service is passing notification to the US Capitol Police regarding discovery of a social media threat directed toward Speaker Nancy Pelosi.'"
Paul Kane of the Washington Post: Liz "Cheney used her defiant concession speech Tuesday night, after losing badly in the GOP primary to Trump's handpicked candidate, to promise a sustained campaign against the ex-president and his allies. She surrendered her rising-star status in Congress in a sacrificial manner toward a higher calling to take on the most powerful figure in her increasingly conspiratorial political party.... Congressional historians say ... What Cheney has done, in sacrificing her seat and yet fighting to the finish without wavering, is just not common in this era.... She has gained a level of attention that now dwarfs almost every other member of Congress, commanding a platform that all but a handful of other Republicans in the Capitol have attempted." Video of Cheney's concession speech is here.
Florida. Matt Dixon of Politico: "Ousted Hillsborough County State Attorney Andrew Warren on Wednesday filed a federal lawsuit arguing Gov. Ron DeSantis abused his power when suspending him from office over, among other things, a pledge to not prosecute women who violate Florida's new 15-week abortion ban.... Warren's lawsuit, filed in the U.S. District Court Northern District of Florida, alleges that DeSantis violated his First Amendment rights by suspending him for signing a pledge to not prosecute women for seeking abortions and his public statements opposing the criminalization of transgender people. He is asking the court to throw out DeSantis' executive order used to suspended him and to rule governors are not allowed to take similar actions moving forward. It also alleges DeSantis overstepped his authority to suspend elected officials from office because he did so with Warren only for signing pledges, rather than in response to an official action."
Isabelle Khurshudyan of the Washington Post: "Over the past six months, Ukrainian President Volodymyr Zelensky has become an inspiring wartime leader and champion of his country. During an hour-long, wide-ranging interview with The Washington Post at the presidential office, where hallways are kept dark and are lined with sandbags to protect against Russian attack, Zelensky discussed U.S. warnings about Russia preparing to launch a full-scale invasion -- and if he believed them. [This] is a translated and lightly edited transcript of excerpts from the interview. The full transcript will be published at a later date."
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The New York Times is live-updating primary election results. "Representative Liz Cheney of Wyoming conceded defeat to Harriet Hageman in her Republican primary on Tuesday, handing Donald J. Trump his most prized trophy yet in his long campaign to purge the Republican Party of his critics." MB: What a joke it would be if Democrats in the next Congress made Cheney the next Speaker of the House. (I hope they don't, but for a day or two, it would be great. The speaker need not be a House member.) ~~~
"Former Gov. Sarah Palin of Alaska and two leading rivals advanced to the November election for Alaska's open House seat, according to The Associated Press. Mary Peltola, a Democrat, and Nick Begich III, a Republican from Alaska's most prominent Democratic political dynasty, advanced along with Ms. Palin. The three are vying to succeed Representative Don Young, who died in March after serving nearly 50 years as Alaska's lone congressman."
~~~ Update: Jonathan Martin writes the New York Times' stand-alone story of Cheney's primary defeat. Here's the ABC News story.
Emily Cochrane of the New York Times: "Senator Lisa Murkowski of Alaska, a centrist Republican seeking a fourth full term in Washington, advanced to the general election along with her chief rival, Kelly Tshibaka, in the state's Senate primary race, according to The Associated Press. Ms. Murkowski and Ms. Tshibaka each earned enough votes to advance to the general election in the fall as part of Alaska's new open primary system. Ms. Murkowski is hoping to fend off a conservative backlash over her vote in the Senate to convict ... Donald J. Trump of inciting the Jan. 6, 2021, attack on the Capitol. With an estimated 50 percent of the vote reported, Ms. Murkowski and Ms. Tshibaka were neck and neck at just over 40 percent apiece. The nearest rival after them was in the single digits." Trump & the Alaska Republican party endorsed Tshibaka.
This is a BFD. https://t.co/L0sh8ULo4T
— Barack Obama (@BarackObama) August 16, 2022
~~~ Amy Wang of the Washington Post: "President Biden on Tuesday signed into law the Inflation Reduction Act, an ambitious measure that aims to tamp down on inflation, lower prescription drug prices, tackle climate change, reduce the deficit and impose a minimum tax on profits of the largest corporations. At a bill signing ceremony in the State Dining Room of the White House, Biden praised the legislation as among the most significant measures in the history of the country. 'Let me say from the start: With this law, the American people won and the special interests lost,' Biden said. His administration had begun amid 'a dark time in America,' Biden added, citing the coronavirus pandemic, joblessness and threats to democracy." (Also linked yesterday.) ~~~
~~~ Marie: President Biden begins speaking at about 9:40 min. in. I've left the introductory speeches in because Rep. Jim Clyborn's & Sen. Chuck Schumer's remarks are not bad, either.
Gabrielle Canon & Richard Luscombe of the Guardian & Agencies: "After western US states failed to reach agreements to reduce water use from the beleaguered Colorado River, the federal government stepped in on Tuesday, issuing cuts that will affect two states and Mexico. Officials with the Bureau of Reclamation declared a 'tier 2' shortage in the river basin as the drought continues to pummel the American west, pushing its largest reservoirs to new lows. The waning water levels, which have left dramatic bathtub rings in reservoirs and unearthed buried bodies and other artifacts, continue to threaten hydroelectric power production, drinking water, and agricultural production.... The new cuts will reduce Arizona's water share by 21%, Nevada's by 8% and Mexico's by 7%, but officials are concerned more reductions will be needed." The Washington Post's story is here.
Danielle Douglas-Gabriel of the Washington Post: "The Biden administration said Tuesday it will grant full, automatic forgiveness of $3.9 billion in education debt held by former students of the defunct for-profit chain ITT Technical Institute. The action covers 208,000 people who were enrolled at ITT Tech from Jan. 1, 2005, to its closure in September 2016. Former students are not required to submit an application and will receive a letter from the Education Department informing them of the pending discharge."
Share Article August 16, 2022
Morning/Afternoon Update:
The New York Times is live-updating primary election results.
Amy Wang of the Washington Post: "President Biden on Tuesday signed into law the Inflation Reduction Act, an ambitious measure that aims to tamp down on inflation, lower prescription drug prices, tackle climate change, reduce the deficit and impose a minimum tax on profits of the largest corporations. At a bill signing ceremony in the State Dining Room of the White House, Biden praised the legislation as among the most significant measures in the history of the country. 'Let me say from the start: With this law, the American people won and the special interests lost,' Biden said. His administration had begun amid 'a dark time in America,' Biden added, citing the coronavirus pandemic, joblessness and threats to democracy."
Luke Broadwater & Eileen Sullivan of the New York Times: "The Department of Homeland Security's internal watchdog, who is under criticism for his handling of an investigation into missing Secret Service text messages around the time of the Capitol attack, is refusing to cooperate with congressional demands, even blocking his employees from testifying before Congress, two top Democrats said on Tuesday. Representatives Carolyn B. Maloney, Democrat of New York and the chairwoman of the Oversight Committee, and Bennie Thompson, Democrat of Mississippi and the chairman of the Homeland Security Committee, sent a letter to Joseph V. Cuffari, the Homeland Security inspector general [and a Trump appointee], demanding that his office comply with their requests for documents and transcribed interviews.... The clash is the latest development surrounding missing text messages from around Jan. 6, 2021, that were sent and received by Secret Service agents and later erased." CNN's report is here.
It/s not theirs, it's mine. -- Donald Trump, to aides attempting to get him to turn over documents to the National Archives ~~~
~~~ Maggie Haberman of the New York Times: "Pat A. Cipollone and Patrick F. Philbin, the White House counsel and his deputy under ... Donald J. Trump, were interviewed by the F.B.I. in connection with boxes of sensitive documents that were stored at Mr. Trump's residence in Florida after he left office, three people familiar with the matter said. Mr. Cipollone and Mr. Philbin are the most senior people who worked for Mr. Trump who are known to have been interviewed by investigators after the National Archives referred the matter to the Justice Department this year.... Mr. Cipollone and Mr. Philbin were Mr. Trump's representatives to deal with the National Archives.... Mr. Philbin tried to help the National Archives retrieve the material, two of the people familiar with the discussions said. But the former president repeatedly resisted entreaties from his advisers.... Mr. Philbin is among eight people who currently or used to work for Mr. Trump who have been contacted by the F.B.I. since a grand jury was formed this year."
Betsy Klein of CNN: "First lady Dr. Jill Biden has tested positive for Covid-19 and is experiencing mild symptoms, her spokesperson said Tuesday. 'After testing negative for Covid-19 on Monday during her regular testing cadence, the First Lady began to develop cold-like symptoms late in the evening. She tested negative again on a rapid antigen test, but a PCR test came back positive,' said Elizabeth Alexander, her communications director. The first lady, who is double vaccinated and twice boosted, is taking Paxlovid, Pfizer's antiviral drug.... The first lady is currently in Kiawah Island, South Carolina, with President Joe Biden, who is due to return to Washington for a bill signing later Tuesday."
Jaclyn Diaz of NPR: "Former California Rep. TJ Cox is facing dozens of federal charges related to allegations the Democrat participated in multiple fraud schemes, including one involving his run for Congress. The Justice Department released details Tuesday of the 15 counts of wire fraud, 11 counts of money laundering, one count of financial institution fraud, and one count of campaign contribution fraud against Cox. He served in the U.S. House for a single term, from 2019-2021. During the 2018 race, he narrowly defeated Republican David Valadao.... Cox lost the rematch against Valadao. According to federal prosecutors, Cox's alleged schemes spanned years, at least from 2013-2018, and involved multiple frauds. Cox allegedly targeted companies, both for-profit and nonprofit entities, he was already affiliated with, according to the unsealed indictment. In two different fraud schemes, Cox illicitly netted more than $1.7 million from diverted client payments as well as company loans and investments that he solicited and later stole, according to prosecutors."
Julian Barnes of the New York Times: "A federal judge on Tuesday threw out the plea agreements for a Maryland couple who had tried to sell submarine secrets to a foreign country, arguing that the prison time for one of the defendants was less than some low-level drug dealers receive. The couple, Jonathan and Diana Toebbe, originally pleaded guilty in February to charges that they took part in a conspiracy to sell submarine secrets. Their plot had started to unravel almost as soon as they put it in motion, when Brazilian intelligence officials turned over to the F.B.I. a letter the couple had anonymously written in 2020, offering to sell nuclear secrets. The disclosure began a lengthy effort to learn the couple's identity and retrieve the secrets they stole. Mr. Toebbe had agreed to a deal that would send him to prison for 12 years, while Ms. Toebbe agreed to serve three years, which would have likely freed her in two years."
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Today's Primary Elections. Steve Peoples & Mead Gruver of the AP: "Tuesday's [primary] contests in Wyoming and Alaska offer one of the final tests [link fixed] for Trump and his brand of hard-line politics ahead of the November general election. Wyoming Rep. Liz Cheney ... is fighting to save her seat in the U.S. House on Tuesday as voters weigh in on the direction of the GOP. Cheney's team is bracing for a loss against a Trump-backed challenger in the state in which he won by the largest of margins during the 2020 campaign. Win or lose in deep-red Wyoming, the 56-year-old daughter of a vice president is vowing not to disappear from national politics as she contemplates a 2024 presidential bid....
"In Alaska, a recent change to state election law gives a periodic Trump critic, U.S. Sen. Lisa Murkowski, an opportunity to survive the former president's wrath, even after she voted to convict him in his second impeachment trial. The top four primary Senate candidates in Alaska, regardless of party, will advance to the November general election, where voters will rank them in order of preference.... Murkowski is the only pro-impeachment senator running for reelection this year.... Endorsed by Trump, [Sarah Palin] finished first among 48 candidates to qualify for a special election seeking to replace Rep. Don Young, who died in March at age 88, after 49 years as Alaska's lone House member. Palin is actually on Tuesday's ballot twice: once in a special election to complete Young's term and another for a full two-year House term starting in January."
Ben Gittleson of ABC News: "President Joe Biden plans to sign the Democrats' massive climate, health and tax bill into law on Tuesday at the White House, marking a major accomplishment for his domestic agenda less than three months before midterm elections. Biden will deliver remarks and sign the bill, known as the Inflation Reduction Act, at an event in the White House's State Dining Room, the White House announced Monday. It will likely be a smaller ceremony, with Congress out of session and most members involved in the bill's passage out of town."
Glenn Thrush, et al., of the New York Times: "The Justice Department objected on Monday to making public the affidavit used to justify the search of ... Donald J. Trump's home in Florida, saying its release would 'compromise future investigative steps' and 'likely chill' cooperation with witnesses. In a 13-page pleading, filed in a federal court in southern Florida in response to requests by The New York Times and other news organizations to make public the evidence included in the document, prosecutors suggested that the department has undertaken a broad, intensive inquiry into Mr. Trump's handling of some of the most secret documents of the government after he left office. The prosecutors acknowledged interviewing witnesses in connection with the investigation of Mr. Trump's retention of the material. They also wrote that releasing the document could compromise the continuing investigation.... They added that releasing the affidavit could harm 'other high-profile investigations' as well. One of the reasons proposed by the government for not releasing the affidavit was to protect the identities of witnesses against death threats." The Guardian's report is here. Politico's story is here.
** Richard Fausset & Danny Hakim of the New York Times: "Lawyers for Rudolph W. Giuliani have been told that he is a target of a criminal investigation in Georgia into election interference by Donald J. Trump and his advisers. One of Mr. Giuliani;s lawyers said in an interview that he was notified on Monday. On the same day, a federal judge rejected efforts by another key Trump ally, Senator Lindsey Graham, to avoid giving testimony before a special grand jury in Atlanta.... Mr. Giuliani is scheduled to appear before the special grand jury on Wednesday at a downtown Atlanta courthouse. His lawyer, Robert Costello, said in the interview that Mr. Giuliani would probably invoke attorney-client privilege if asked questions about his dealings with Mr. Trump.... Mr. Giuliani, who as Mr. Trump's personal lawyer spearheaded efforts to keep Mr. Trump in power, emerged in recent weeks as a central figure in the inquiry being conducted by Fani T. Willis, the district attorney of Fulton County, Ga., which encompasses most of Atlanta. The rejection of Senator Graham's effort to avoid testifying came in a written order from a Federal District Court judge in Atlanta, Leigh Martin May. Mr. Graham, a Republican of South Carolina, is now set to testify on Aug. 23." (Also linked yesterday afternoon.) ~~~
~~~ A CBS News story on Giuliani is here. A CNN story on Graham is here. (Also linked yesterday afternoon.) ~~~
~~~ Marie: From the report: "'If these people think he's going to talk about conversations between him and President Trump, they're delusional,' Mr. Costello said." Well, maybe not this week. But sometime. I recall reading some while back that Rudy charged Trump and/or the Trump campaign an exorbitant amount for his legal expertise, such as it is, so Trump stiffed Rudy. So I'm not so sure Rudy is unflippable.
Weisselberg Takes the Fall. Ben Protess, et al., of the New York Times: “A senior executive at Donald J. Trump's family business who was charged with participating in a yearslong tax scheme is nearing a deal with Manhattan prosecutors but will not cooperate with a broader investigation into Mr. Trump, according to three people with knowledge of the matter. If it becomes final, a plea deal for the executive, Allen H. Weisselberg, would bring prosecutors no closer to indicting the former president but would nonetheless brand one of his most trusted lieutenants a felon.... While Mr. Weisselberg, 75, is facing financial penalties as well as up to 15 years in prison if convicted by a jury, a plea deal would avoid a high-profile trial and spare him a lengthy sentence. Two people with knowledge of the matter said that Mr. Weisselberg was expected to receive a five-month jail term. With time credited for good behavior, he is likely to serve about 100 days." An NBC News story is here.
Emma Brown, et al., of the Washington Post: "A team of computer experts directed by lawyers allied with ... Donald Trump copied sensitive data from election systems in Georgia as part of a secretive, multistate effort to access voting equipment that was broader, more organized and more successful than previously reported, according to emails and other records obtained by The Washington Post. As they worked to overturn Trump's 2020 election defeat, the lawyers asked a forensic data firm to access county election systems in at least three battleground states, according to the documents and interviews.... Attorney Sidney Powell sent the team to Michigan to copy a rural county's election data and later helped arrange for them to do the same in the Detroit area.... A Trump campaign attorney engaged the team to travel to Nevada. And the day after the Jan. 6 attack on the Capitol the team was in southern Georgia, copying data from a Dominion voting system in rural Coffee County. The emails and other records were collected through a subpoena issued to the forensics firm, Atlanta-based SullivanStrickler, by plaintiffs in a long-running lawsuit in federal court over the security of Georgia's voting systems." (Also linked yesterday afternoon.) ~~~
~~~ Marie's Fashion Note: I do think Sidney will look smarter in an orange jumpsuit than in those fake leopard outfits she prefers.
Betsy Swan of Politico: "A federal grand jury investigating the Jan. 6 attack has subpoenaed Trump White House lawyer Eric Herschmann for documents and testimony, according to a person familiar with the matter.... Herschmann ... did not work in the White House counsel's office, but did provide Trump with legal advice. Because of that responsibility, there will likely be litigation over the scope of the subpoena and over how executive and attorney-client privileges may limit Herschmann's ability to comply.... During the tumultuous final weeks of Trump's term, Herschmann clashed with other aides and advisers who pushed the defeated president to fight the election results. He was also present for many of the most consequential meetings in that period of time." (Also linked yesterday afternoon.)
Greg Sargent of the Washington Post: "The apparent position of Republicans loyal to Trump is that any law enforcement activity targeting him is by definition illegitimate, no matter how grave the suspected activity. So a GOP-controlled House next year would likely undermine investigations into Trump any way it can, regardless of what is learned about Trump in the interim.... While many have noted that a GOP House could stage phony Benghazi-like hearings, there's another possibility: using specific parliamentary tools to, in essence, defund the investigators." (Also linked yesterday afternoon.)
Torsten Ove of the Pittsburgh Post-Gazette: "A Mercer County man threatened to murder FBI agents last week afte the bureau's search of Donald Trump's Florida estate, saying 'come and get me you piece of [expletive] feds' and 'I am going to [expletive] slaughter you,' according to a federal complaint filed Monday in Pittsburgh. Adam Bies, 46, is charged in U.S. District Court with influencing, impeding or retaliating against federal law officers. He is in U.S. custody and is set for an initial appearance hearing [Monday] afternoon before a federal magistrate judge." (Also linked yesterday afternoon.) A New York Times report is here.
2022 Senate Elections. Natalie Allison of Politico: "... the National Republican Senatorial Committee is canceling millions of dollars of ad spending, sending GOP campaigns and operatives into a panic and upending the committee's initial spending plan. The cuts -- totaling roughly $13.5 million since Aug. 1 -- come as the Republicans' Senate campaign committee is being forced to 'stretch every dollar we can,' said a person familiar with the NRSC's deliberations. Republican nominees in critical states like Ohio, Pennsylvania and North Carolina -- places the GOP must defend this fall -- have failed to raise enough money to get on air themselves, requiring the NRSC to make cuts elsewhere to accommodate.... While the scale of these cuts is unprecedented, the NRSC is also ahead of its typical schedule on its ad spending, having already spent $36.5 million on television spots this cycle, as opposed to the Democratic Senatorial Campaign Committee's $1.9 million to date."
Amin Khodadadi & Rhoda Kwan of NBC News: "Iran said Monday that Salman Rushdie and his supporters are to blame for the stabbing attack that left the famed author hospitalized with serious injuries. In its first public comments since the assault, Tehran denied any involvement but sought to justify the attack, which has been celebrated on front pages and in coverage across the country's media.... The attack on Rushdie was met by global shock and outrage, and left the Western literary world reeling. But Iranian media celebrated the incident.... [U.S.] Secretary of State Antony Blinken condemned the coverage. 'Iranian state institutions have incited violence against Rushdie for generations, and state-affiliated media recently gloated about the attempt on his life,' he said in a statement late Sunday. 'This is despicable.'"
Lauren Gurley & Caroline O'Donovan of the Washington Post: "Dozens of Amazon employees at the company's air hub in San Bernardino, Calif., on Monday abandoned their workstations mid-shift over low wages and concerns regarding heat safety. The walkout in Southern California marks the first coordinated labor action in Amazon's growing airfreight division, which uses Prime-branded planes to fly packages and goods around the country much like UPS or FedEx. The employees, who are independently organized, said they didn't plan to return to work on Monday, in an effort to pressure Amazon to raise wages and improve safety. Organizers said more than 150 people walked out Monday afternoon, and managers had already slowed some operations in anticipation of the action. While a small fraction of the 1,500 employees who work at the hub in various shifts walked out, such a work stoppage can create logistical headaches and disruptions."
Beyond the Beltway
New York. Jonah Bromwich & Jan Ransom of the New York Times: "A doctor found guilty last month of sexually assaulting patients was found dead at the Rikers Island jail complex Monday even though his lawyer had called for him to be put on suicide watch just minutes after he was convicted. The doctor, Ricardo Cruciani, a 68-year-old neurologist, was found early Monday morning sitting in a shower area of the jail with a sheet around his neck, according to documents obtained by The New York Times. Shortly afterward, medical staff arrived to attend to him. He died about an hour after he was discovered, the documents show. Mr. Cruciani is the 12th person to have died this year either while being held in the city's jails or shortly after being released. His death came about two weeks after a jury found him guilty on 12 counts of predatory sexual assault, sexual abuse, rape and other crimes, stemming from his treatment of six patients that he saw around 2012." The Guardian's story is here. ~~~
~~~ Marie: The federal government should have closed down Rikers long ago.
Way Beyond
Ukraine, et al. The New York Times' live updates of developments Tuesday in Russia's war on Ukraine are here. The Guardian's live updates for Tuesday are here. The Guardian's summary report is here. ~~~
~~~ The Washington Post's live briefings for Tuesday are here: "'Morning near Dzhankoi began with explosions,' an adviser to Ukrainian President Volodymyr Zelensky tweeted, without claiming responsibility for any possible attack near the town in Russian-occupied Crimea.... An ammunition depot was on fire early Tuesday, local authorities confirmed as they pledged to investigate. Russia's Defense Ministry said the fire caused ammunition stored in the depot to detonate, according to state news outlet RIA Novosti.... The United Nations and Russia discussed safety around Ukraine's Zaporizhzhia nuclear power plant. U.N. Secretary General Antonio Guterres spoke with Russian Defense Minister Sergei Shoigu Monday about how to ensure the safe functioning of Europe's largest nuclear plant, which is under Russian control, as strikes around the plant have intensified in recent days.... Russia's Black Sea fleet is 'struggling' to effectively control the waters off Crimea's coast following Russian forces' withdrawal from Snake Island and the sinking of Russia's flagship, the Moskva, in April, the British Defense Ministry said.... Inside Ukraine-s Zaporizhzhia nuclear plant, workers describe explosions and constant fear. Six of them spoke to The Washington Post's ... [reporters] about what it was like to work at the sensitive site -- under Russian military control since the early days of the war -- as Russia has begun to use the area as a shield for its attacks in recent weeks, triggering global fears of a nuclear accident."
Kenya. Declan Walsh, et al., of the New York Times: "On a continent where military coups and rubber stamp elections have proliferated in recent years, Kenya stands out. Despite its flaws and endemic corruption, the East African nation and economic powerhouse has steadily grown into a symbol of what is possible, its democracy underpinned by a strong Constitution and its hard-fought elections an example to other African nations seeking to carve a path away from autocracy.... On Monday, a winner was declared in its latest presidential election, ending an unpredictable battle that had millions of Kenyans glued to their televisions and smartphones as the results rolled in. William Ruto, the president-elect, beamed as he addressed a hall filled with roaring supporters, lauding the 'very historic, democratic occasion.' But the losing candidate, Raila Odinga, rejected the result even before it was announced. A fracas erupted in the hall where Mr. Ruto had been speaking, and where the votes had been counted, sending chairs and fists flying. And four electoral commissioners stormed out, casting doubt on a result that is almost certain to end up in court."
News Lede
New York Times: "Edward Peter Leclair's hand shook as he reached for his water bottle inside a courtroom last Thursday and waited to hear whether a jury in Denton County, Texas, had found him guilty of five counts of child sexual assault. The drink was slightly cloudy, but as the judge read aloud the guilty verdict for each count, Mr. Leclair, 57, quickly chugged it. About five minutes later, after he was taken by bailiffs to a nearby detention cell, he began throwing up. An ambulance took him to a hospital. Forty-five minutes later, he was dead. Immediately, Mr. Leclair's lawyer and prosecutors, who were in the courtroom and described Mr. Leclair's actions, asked themselves: What had Mr. Leclair put in his drink?... The medical examiner's office in Denton County is investigating the cause of death and whether it was related to some sort of poison. But prosecutors believe that Mr. Leclair, who was out on bond, sneaked cyanide -- a deadly chemical -- into the courthouse and put it in his Dasani water bottle as jurors deliberated...."
August 15, 2022
Afternoon Update:
** Richard Fausset & Danny Hakim of the New York Times: "Lawyers for Rudolph W. Giuliani have been told that he is a target of a criminal investigation in Georgia into election interference by Donald J. Trump and his advisers. One of Mr. Giuliani's lawyers said in an interview that he was notified on Monday. On the same day, a federal judge rejected efforts by another key Trump ally, Senator Lindsey Graham, to avoid giving testimony before a special grand jury in Atlanta.... Mr. Giuliani is scheduled to appear before the special grand jury on Wednesday at a downtown Atlanta courthouse. His lawyer, Robert Costello, said in the interview that Mr. Giuliani would probably invoke attorney-client privilege if asked questions about his dealings with Mr. Trump.... Mr. Giuliani, who as Mr. Trump's personal lawyer spearheaded efforts to keep Mr. Trump in power, emerged in recent weeks as a central figure in the inquiry being conducted by Fani T. Willis, the district attorney of Fulton County, Ga., which encompasses most of Atlanta. The rejection of Senator Graham's effort to avoid testifying came in a written order from a Federal District Court judge in Atlanta, Leigh Martin May. Mr. Graham, a Republican of South Carolina, is now set to testify on Aug. 23." ~~~
~~~ A CBS News story on Giuliani is here. A CNN story on Graham is here. ~~~
~~~ Marie: From the report: "'If these people think he's going to talk about conversations between him and President Trump, they're delusional,' Mr. Costello said." Well, maybe not this week. But sometime. I recall reading some while back that Rudy charged Trump and/or the Trump campaign an exorbitant amount for his legal expertise, such as it is, so Trump stiffed Rudy. So I'm not so sure Rudy is unflippable.
Emma Brown, et al., of the Washington Post: "A team of computer experts directed by lawyers allied with ... Donald Trump copied sensitive data from election systems in Georgia as part of a secretive, multistate effort to access voting equipment that was broader, more organized and more successful than previously reported, according to emails and other records obtained by The Washington Post. As they worked to overturn Trump's 2020 election defeat, the lawyers asked a forensic data firm to access county election systems in at least three battleground states, according to the documents and interviews.... Attorney Sidney Powell sent the team to Michigan to copy a rural county's election data and later helped arrange for them to do the same in the Detroit area.... A Trump campaign attorney engaged the team to travel to Nevada. And the day after the Jan. 6 attack on the Capitol the team was in southern Georgia, copying data from a Dominion voting system in rural Coffee County.The emails and other records were collected through a subpoena issued to the forensics firm, Atlanta-based SullivanStrickler, by plaintiffs in a long-running lawsuit in federal court over the security of Georgia;s voting systems." ~~~
~~~ Marie's Fashion Note: I do think Sidney will look smarter in an orange jumpsuit than in those fake leopard outfits she prefers.
Betsy Swan of Politico: "A federal grand jury investigating the Jan. 6 attack has subpoenaed Trump White House lawyer Eric Herschmann for documents and testimony, according to a person familiar with the matter.... Herschmann ... did not work in the White House counsel's office, but did provide Trump with legal advice. Because of that responsibility, there will likely be litigation over the scope of the subpoena and over how executive and attorney-client privileges may limit Herschmann's ability to comply.... During the tumultuous final weeks of Trump's term, Herschmann clashed with other aides and advisers who pushed the defeated president to fight the election results. He was also present for many of the most consequential meetings in that period of time."
Greg Sargent of the Washington Post: "The apparent position of Republicans loyal to Trump is that any law enforcement activity targeting him is by definition illegitimate, no matter how grave the suspected activity. So a GOP-controlled House next year would likely undermine investigations into Trump any way it can, regardless of what is learned about Trump in the interim.... While many have noted that a GOP House could stage phony Benghazi-like hearings, there's another possibility: using specific parliamentary tools to, in essence, defund the investigators."
Torsten Ove of the Pittsburgh Post-Gazette: "A Mercer County man threatened to murder FBI agents last week after the bureau's search of Donald Trump's Florida estate, saying 'come and get me you piece of [expletive] feds' and 'I am going to [expletive] slaughter you,' according to a federal complaint filed Monday in Pittsburgh. Adam Bies, 46, is charged in U.S. District Court with influencing, impeding or retaliating against federal law officers. He is in U.S. custody and is set for an initial appearance hearing [Monday] afternoon before a federal magistrate judge."
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Zolan Kanno-Youngs & Maggie Haberman of the New York Times: "First he said that he was 'working and cooperating with' government agents who he claimed had inappropriately entered his home. Then, when the government revealed that the F.B.I., during its search, had recovered nearly a dozen sets of documents that were marked classified, he suggested the agents had planted evidence. Finally, his aides claimed he had a 'standing order' to declassify documents that left the Oval Office for his residence, and that some of the material was protected by attorney-client and executive privilege.... Why was he keeping documents, some still marked classified, at an unsecured Florida resort when officials had sought for a year to retrieve them? The often contradictory and unsupported defenses perpetuated by Mr. Trump and his team since the F.B.I. search follow a familiar playbook of the former president's.... 'There should be no presidential records at Mar-a-Lago, whether they are classified or unclassified or subject to executive privilege or subject to attorney-client privilege.' [said Jason Baron, a former director of litigation for the National Archives].... [Mr. Trump's former national security advisor John Bolton said the standing-order claim was] 'almost certainly a lie.'" ~~~
~~~ Marie: The "instant declassification" claim doesn't make any sense. That would mean that absolutely anyone -- including the maid & wandering guests -- could read, photocopy, publish and/or sell highly-sensitive documents the minute they left the Oval Office. BTW, for all we know, the real President, Joe Biden, has reclassified "any and all documents and other materials retained by or otherwise in the possession of former President Donald J. Trump." ~~~
~~~ PLUS, There's This. Renato Mariotti in a Politico Magazine opinion piece: "While I suspect Trump could find aides willing to testify that [the 'standing order' claim] is true, I doubt he disclosed this to the government during their months of negotiations and it is unlikely a jury would find this story convincing.' An interesting essay. Mariotti goes on to write, "... even based on the limited information we have, it looks like the DOJ has viable charges against him.... I would not be surprised if DOJ refuses to pursue charges, regardless of their strength, in the absence of a 'plus factor' like obstruction. But that factor might be present here, given recent reports that one of Trump's lawyers signed a written statement falsely asserting that 'all material marked as classified' had been returned to the government.... This could be one of the strongest cases that DOJ refuses to bring." ~~~
~~~ If a Tree Falls in a Forest.... Charlie Savage of the New York Times: "Here is a closer look at what a president can and cannot do when it comes to removing protections for government secrets.... Can a president secretly declassify information without leaving a written record or telling anyone? That question, according to specialists in the law of government secrecy, is borderline incoherent. If there is no directive memorializing a decision to declassify information and conveying it to the rest of the government, the action would essentially have no consequence, as departments and agencies would continue to consider that information classified and so would continue to restrict access to documents containing it."
Zach Schonfeld of the Hill: "Former President Trump on Sunday called on the FBI to return documents reportedly seized at Mar-a-Lago that are protected by attorney-client and executive privileges. 'Oh great!' Trump wrote on Truth Social. 'It has just been learned that the FBI, in its now famous raid of Mar-a-Lago, took boxes of privileged "attorney-client" material, and also "executive" privileged material, which they knowingly should not have taken,' Trump continued. 'By copy of this TRUTH, I respectfully request that these documents be immediately returned to the location from which they were taken,' he added. 'Thank you!'... Fox News on Saturday evening reported that the FBI seized five boxes that included information covered by attorney-client privilege...." MB: "Knowingly should not have taken"?? (Also linked yesterday afternoon.) ~~~
~~~ Marie: Anyone who has read reports of the FBI's searches of (then attorneys) Rudy Giuliani's & Michael Cohen's homes & offices is aware that the FBI often seizes information that is or may be attorney-client-privileged. The FBI doesn't just pack up the docs & send them back because the client tweets -- without any specificity whatsoever -- that he wants them back. Rather, the court appoints a special master to comb through the seized material & decide what-all is privileged and what is not. (I guess lawyers for both sides can then wrangle in court with the special master's decisions.) I suppose Trump is just pretending he doesn't understand this, but if he really believes a public tweet will cause the return of some documents, he's dumber than even I thought. In the meantime, if I can figure out how to tweet Merrick Garland (I can't), I'm going to ask him to send me all those once-tippy-top-secret documents that Trump has declassified. I'll expect them by return mail (which, okay, will take a long time because Louis DeJoy).
Maureen Dowd of the New York Times: "... it is one of the most bizarre loop de loops in Donald Trump's dark, crazy reign over Republicans that he turned a party that was pro-law and order and anti-Evil Empire into a party that trashes the F.B.I. and embraces Vladimir Putin. It is the greatest con of the century's greatest con man: hijacking his own party.... The utterly spoiled Fifth Avenue brat accustomed to living in gilt palaces and cheating his way to success portrays himself as the world's biggest victim.... Even after so many years of this poisonous folly, I remain amazed that the Republicans viciously smeared by Trump on his way up, like Marco Rubio, Ted Cruz and Lindsey Graham, now back up his smears." (Also linked yesterday.) ~~~
~~~ Marie: I'm with MoDo. To me, the most surprising part of Trump's triumph was to discover that of all of these Republicans who presented themselves as powerful leaders -- leaders worthy of becoming "leader of the free world" even, like Marco, Ted & Lindsey -- is that they are nothing, nothing but cowards, fearful of someone who is now but an aged, washed-up, petulant Mafia boss. With a few notable exceptions -- like Liz Cheney & Adam Kinzinger, both of whom will soon be looking for other jobs -- the party that associated itself with robust militaristic world leadership & with "traditional" values in which the head-of-household should be a manly man -- is made up entirely of chickenshits cowering under the dirty skirts of a whiny bully.
Jonathan Dienst, et al., of NBC News: "The FBI and the Department of Homeland Security have issued a joint intelligence bulletin warning of a spike in threats to federal law enforcement officials since the search of ... Donald Trump's Mar-a-Lago club in Florida, two senior law enforcement officials told NBC News.... A third law enforcement official said the five-page document states that such threats are appearing across multiple platforms, 'including social media sites, web forums, video sharing platforms and image boards.' The FBI also warned that it has seen personal identifying information of possible targets of violence, such as home addresses, as well as identification of family members as additional targets, the official added."
David Smith of the Guardian: "It was a tale of two presidents: Biden at his zenith, gaining praise for a 'hot streak' and earning comparisons with the master legislator Lyndon Johnson; Trump at his nadir, under criminal investigation for potential violations of the Espionage Act and earning comparisons with the 1920s gangster Al Capone. And yet ... determining who won and who lost the week was less clear cut. For Biden, to be sure, it was a much needed boost after months of Washington gridlock, miserable poll ratings and speculation that he could face a challenger from his own Democratic party in the 2024 presidential election. But Trump, perversely, also appeared to end the week stronger within his party than he began it. He had faced growing dissent over damaging revelations from the congressional committee investigating the January 6 insurrection. Yet his claim that his home had been 'raided' by law enforcement prompted Republicans to unite behind him with renewed zeal."
Johnson Lai & Ken Moritsugu of the AP: "A delegation of American lawmakers arrived in Taiwan on Sunday, just 12 days after a visit by U.S. House Speaker Nancy Pelosi that prompted China to launch days of threatening military drills around the self-governing island that Beijing says must come under its control. The five-member delegation, led by Democratic Sen. Ed Markey of Massachusetts, will meet President Tsai Ing-wen and other officials, as well as members of the private sector, to discuss shared interests including reducing tensions in the Taiwan Strait and investments in semiconductors." (Also linked yesterday afternoon.) ~~~
~~~ Johnson Lai of the AP: "China announced more military drills around Taiwan as the self-governing island's president met with members of a new U.S. congressional delegation on Monday, threatening to renew tensions between Beijing and Washington just days after a similar visit by U.S. House Speaker Nancy Pelosi angered China."
Frank Thorp & Julianne McShane of NBC News: "A man died after he crashed his car into a barricade in D.C. early Sunday morning, according to a U.S. Capitol Police spokesperson. Authorities identified the suspect as Richard Aaron York, 29, adding that a Delaware driver's license was found and he is also believed to have lived in Pennsylvania recently. The man drove his car into a vehicle barricade at East Capitol Street and Second Street around 4 a.m., the spokesperson said in a press release. When he got out of the car, it became engulfed in flames. He then began shooting into the air.... And as Capitol police were approaching, he shot himself, according to the spokesperson." (Also linked yesterday afternoon.)
Naomi Nix of the Washington Post (Aug. 10): "Facebook has long banned content referencing white nationalism. But a plethora of hate groups still populate the site, and the company boosts its revenue by running ads on searches for these pages. A new report from the Tech Transparency Project, a nonprofit tech watchdog, found 119 Facebook pages and 20 Facebook groups associated with white supremacy organizations."
Beyond the Beltway
Kimberly Kindy of the Washington Post: "Two top antiabortion groups have crafted and successfully lobbied for state legislation to ban or further restrict the predominant way pregnancies are ended in the United States -- via drugs taken at home, often facilitated by a network of abortion rights groups. In the wake of the Supreme Court's decision to overturn Roe v. Wade, 14 states now ban or partially ban the use of those drugs, mifepristone and misoprostol, which are used in more than half of all abortions. But the drugs remain widely available, with multiple groups working to help provide them even to women in states with abortion bans. Students for Life of America and National Right to Life Committee, which have played leading roles in crafting antiabortion laws, hope to change that with new legislation. The groups are pursuing a variety of tactics, from bills that would ban the abortion-inducing drugs altogether to others that would allow family members to sue medication providers or attempt to shut down the nonprofit groups that help women obtain and safely use the drugs."
Fake "Investigators," Claiming Fraud, Are Coercing Elections Officials to Give Them Voting Machines. Patrick Marley & Tom Hamburger of the Washington Post: "In states across the country, including Colorado, Pennsylvania and Georgia, attempts to inappropriately access voting machines have spurred investigations. They have also sparked concern among election authorities that, while voting systems are broadly secure, breaches by those looking for evidence of fraud could themselves compromise the integrity of the process and undermine confidence in the vote. In Michigan, the efforts to access the machines jumped into public view this month when the state attorney general, Dana Nessel (D), requested a special prosecutor be assigned to look into a group that includes her likely Republican opponent, Matthew DePerno.... Once election officials lose control of voting machines, [as happened in the Michigan case,] the machines can no longer be used because of the risk of hacking.... The situation in Michigan is similar to ones elsewhere in which allegedly unofficial and unauthorized investigators sought evidence of fraud by gaining access to voting equipment. Some of those named in the Michigan case have been connected to cases elsewhere."
Arizona, a Horror Story. Robert Draper in the New York Times Magazine: "The aggressive takeover of the Arizona G.O.P. by its far-right wing was made manifest on primary night earlier this month, when a slate of Trump-endorsed candidates ... all prevailed. As a group, they maintain that the 2020 election was stolen, have promoted conspiracy theories about Covid and have vowed to protect Arizona's schools from gender ideology, critical race theory and what McCarthyites denounced 70 years ago as 'godless communism.' They have cast the 2022 election as not just history-defining but potentially civilization-ending.... The state&'s G.O.P. has aggressively declined to moderate itself.... Its core activists, as well as a growing number of officials and those campaigning for governmental positions, openly espouse hostility not just to democratic principles but, increasingly, to the word 'democracy' itself.... It's the failure to reinstall a legitimately defeated president ... that seems to have ushered in the view among Arizona Republicans -- and many more across the nation -- that democracy itself was at fault and had been weaponized by the political left, or the 'enemies from within,' as McCarthy once put it."
** Florida. Lori Rozsa of the Washington Post highlights Gov. Ran DeSantis' suspension of Hillsborough (Tampa Bay) State Attorney Andrew Warren (D). "The dramatic ouster has alarmed many in Florida, who say DeSantis -- widely considered a potential 2024 presidential candidate -- usurped the will of the voters by removing a twice-elected local official who disagreed with him politically.... In announcing the suspension, DeSantis excoriated Warren for being a 'woke' prosecutor more interested in social justice than in enforcing the law. He warned of a 'pathogen' spreading in U.S. cities -- progressive prosecutors trying to reduce incarceration rates they see as overly punitive and that disproportionately affect people of color.... 'This is something that Putin or Castro or Maduro would do,' said U.S. Rep. Kathy Castor, a Democrat who has represented parts of the Tampa Bay area in Congress for 15 years. 'People in Hillsborough are outraged.'" The Republican state legislature is expected to uphold Warren's suspension. ~~~
~~~ Marie: This isn't voter suppression. It isn't voting machine manipulation. It's voter nullification. If Ron DeSantis doesn't like the person you elected, he'll fire the official & appoint one of his pals to fill the job. This is how democracy dies, not in darkness as the WashPo slogan goes, but in broad daylight. Ron DeSantis is a dangerous autocrat.
Hawaii Primary Elections. New York Times liveblog: "Lt. Gov. Josh Green of Hawaii won the Democratic primary for governor, according to The Associated Press, putting himself in a strong position to secure the top office in a reliably blue state. Mr. Green defeated six other Democrats, including Representative Kai Kahele and Vicky Cayetano, a former first lady of Hawaii. He will face the Republican nominee, Duke Aiona, in November; the winner then will succeed Gov. David Ige, a Democrat who cannot run for re-election because of term limits." The page includes other primary results. Sen. Bruce Schatz won the Democratic for Senate with 94% of the vote. (Also linked yesterday.)
Wisconsin. Reid Epstein of the New York Times: "Having gerrymandered the Legislature past the point that it can be flipped, [Republicans] are now pushing intensely to take greater control over the state's voting infrastructure ahead of the 2024 presidential contest. Two pivotal elections in the coming months are likely to decide if that happens. The soaring stakes of the first, the November race for governor, became clear last week when Tim Michels, a construction magnate endorsed by ... Donald J. Trump, won the Republican primary.... The second election, an April contest to determine control of the narrowly divided Wisconsin Supreme Court, could be even more important."
Way Beyond
Ukraine, et al. The New York Times' live updates of developments Monday in Russia's war on Ukraine are here. The Guardian's live updates for Monday are here. The Guardian's summary report is here. ~~~
~~~ The Washington Post's live briefings for Monday are here: "Brittney Griner's defense team appealed the verdict of a Russian court that sentenced the American basketball player to 9 years in prison for bringing cannabis oil into the country in February. Forty-two countries are calling on Russia to withdraw troops from the Zaporizhzhia nuclear plant, according to a statement by the European Union dated Friday and posted Sunday. The statement says Russia's military aggression at and near the plant poses a threat to nuclear safety. The latest round of shelling near the plant killed one employee and injured two others, Ukraine's nuclear power regulator said on Telegram." ~~~
~~~ An AP story about Griner's appeal is here.
Myanmar. Richard Paddock of the New York Times: "On Monday, a special court appointed by the military regime that detained her last year convicted [Daw] Aung San Suu Kyi on four corruption counts and added six years to her sentence, according to one of the people.... Ms. Aung San Suu Kyi is one of more than 15,000 people arrested for opposing military rule, and of these, 12,000 remain in detention, according to the Assistance Association for Political Prisoners. Many have been tortured in interrogation centers and sentenced by military courts after brief trials where defense attorneys and the public are barred.... Since the coup, more than 70 political prisoners have been sentenced to die.... At least 55 journalists are now imprisoned.... The human rights lawyer U Kyi Myint said the regime was casting itself as safeguarding traditional morality in the deeply Buddhist country even as soldiers massacre civilians and rape women."